[House Report 112-750]
[From the U.S. Government Publishing Office]


                                                 Union Calendar No. 552
112th Congress  }                                            {   Report
 2d Session     }       HOUSE OF REPRESENTATIVES             {  112-750
_______________________________________________________________________
 
                     REPORT ON THE LEGISLATIVE AND 

                          OVERSIGHT ACTIVITIES 

                                 of the 

                      COMMITTEE ON WAYS AND MEANS 

                               during the 

                             112TH CONGRESS

            [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


January 3, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                               ----------
                         U.S. GOVERNMENT PRINTING OFFICE 

29-006 PDF                       WASHINGTON : 2013 



                      One Hundred Twelfth Congress
                      COMMITTEE ON WAYS AND MEANS

                     DAVE CAMP, Michigan, Chairman
WALLY HERGER, California             SANDER M. LEVIN, Michigan
SAM JOHNSON, Texas                   CHARLES B. RANGEL, New York
KEVIN BRADY, Texas                   FORTNEY PETE STARK, California
PAUL RYAN, Wisconsin                 JIM McDERMOTT, Washington
DEVIN NUNES, California              JOHN LEWIS, Georgia
PAT TIBERI, Ohio                     RICHARD NEAL, Massachusetts
DAVE REICHERT, Washington            XAVIER BECERRA, California
CHARLES BOUSTANY, Louisiana          LLOYD DOGGETT, Texas
PETER ROSKAM, Illinois               MIKE THOMPSON, California
JIM GERLACH, Pennsylvania            JOHN B. LARSON, Connecticut
TOM PRICE, Georgia                   EARL BLUMENAUER, Oregon
VERN BUCHANAN, Florida               RON KIND, Wisconsin
ADRIAN SMITH, Nebraska               BILL PASCRELL, New Jersey
AARON SCHOCK, Illinois               SHELLEY BERKLEY, Nevada
LYNN JENKINS, Kansas                 JOSEPH CROWLEY, New York
ERIK PAULSEN, Minnesota
KENNY MARCHANT, Texas
RICK BERG, North Dakota
DIANE BLACK, Tennessee
TOM REED, New York
                         LETTER OF TRANSMITTAL

                              ----------                              

                     U.S. House of Representatives,
                               Committee on Ways and Means,
                                   Washington, DC, January 3, 2013.
Hon. Karen Haas,
Office of the Clerk,
House of Representatives, Washington, DC.
    Dear Ms. Haas: I am herewith transmitting, pursuant to 
House Rule XI, clause 1(d), the report of the Committee on Ways 
and Means on its legislative and oversight activities during 
the 112th Congress.
            Sincerely,
                                                 Dave Camp,
                                                          Chairman.



                            C O N T E N T S

                              ----------                              
                                                                   Page
Transmittal Letter...............................................   III
Foreword.........................................................   VII
 I. Legislative Activity Review.......................................1
        A. Legislative Review of Tax, Trust Fund, and Pension 
          Issues.................................................     1
        B. Legislative Review of Trade Issues....................    28
        C. Legislative Review of Health Issues...................    44
        D. Legislative Review of Human Resources Issues..........    55
        E. Legislative Review of Social Security Issues..........    64
        F. Legislative Review of Debt Issues.....................    65
        G. Legislative Review of Multi-Jurisdictional Issues.....    66
II. Oversight Activity Review........................................73
        A. Oversight Agenda......................................    73
        B. Actions Taken and Recommendations Made With Respect To 
          Oversight Plan.........................................    78
        C. Oversight Letters Issued by the Committee on Ways & 
          Means..................................................   118
        D. Subpoenas Issued by the Committee on Ways and Means...   127
III.Selected Regulations, Orders, Actions, and Procedures of Concern 
    Through January 2, 2013.........................................127
Appendix I. Jurisdiction of the Committee on Ways and Means......   132
Appendix II. Historical Note.....................................   154
Appendix III. Statistical Review of the Activities of the 
  Committee on Ways and Means....................................   160
Appendix IV. Chairmen of the Committee on Ways and Means and 
  Membership of the Committee from the 1st through the 112th 
  Congresses.....................................................   165
                                FOREWORD

    Clause 1(d) of Rule XI of the Rules of the House, regarding 
the Rules of procedure for committees, contains a requirement 
that each committee prepare a report summarizing its 
activities. The 112th Congress amended the Rules of the House 
increasing the frequency of reports from annually to 
semiannually. The 104th Congress added subsections on 
legislative and oversight activities, including a summary 
comparison of oversight plans and eventual recommendations and 
actions. The full text of the amended Rule follows:

    (d)(1) Not later than the 30th day after June 1 and 
December 1, a committee shall submit to the House a semiannual 
report on the activities of that committee.
    (2) Such report shall include--
          (A) separate sections summarizing the legislative and 
        oversight activities of that committee under this Rule 
        and Rule X during the applicable period;
          (B) in the case of the first such report, a summary 
        of the oversight plans submitted by the committee under 
        clause 2(d) of Rule X;
          (C) a summary of the actions taken and 
        recommendations made with respect to the oversight 
        plans specified in subdivision (B);
          (D) a summary of any additional oversight activities 
        undertaken by that committee and any recommendations 
        made or actions taken thereon; and
          (E) a delineation of any hearings held pursuant to 
        clauses 2(n), (o), or (p) of this Rule.
    (3) After an adjournment sine die of a regular session of a 
Congress, or after December 15, whichever occurs first, the 
chair of a committee may file the second or fourth semiannual 
report described in subparagraph (1) with the Clerk at any time 
and without approval of the committee, provided that--
          (A) a copy of the report has been available to each 
        member of the committee for at least seven calendar 
        days; and
          (B) the report includes any supplemental, minority, 
        or additional views submitted by a member of the 
        committee.

    The jurisdiction of the Committee on Ways and Means during 
the 112th Congress is provided in Rule X, clause 1(t), as 
follows:

    (t) Committee on Ways and Means.
          (1) Customs revenue, collection districts, and ports 
        of entry and delivery.
          (2) Reciprocal trade agreements.
          (3) Revenue measures generally.
          (4) Revenue measures relating to insular possessions.
          (5) Bonded debt of the United States, subject to the 
        last sentence of clause 4(f).
          (6) Deposit of public monies.
          (7) Transportation of dutiable goods.
          (8) Tax exempt foundations and charitable trusts.
          (9) National social security (except health care and 
        facilities programs that are supported from general 
        revenues as opposed to payroll deductions and except 
        work incentive programs).

    The general oversight responsibilities of the committee are 
set forth in clause 2 of Rule X. The 104th Congress also added 
the requirement in clause 2 of Rule X that each standing 
committee submit its oversight plans for each Congress. The 
text of the Rule, in pertinent part, follows:

    2. (a) The various standing committees shall have general 
oversight responsibilities as provided in paragraph (b) in 
order to assist the House in--
          (1) its analysis, appraisal, and evaluation of--
                  (A) the application, administration, 
                execution, and effectiveness of Federal laws; 
                and
                  (B) conditions and circumstances that may 
                indicate the necessity or desirability of 
                enacting new or additional legislation; and
          (2) its formulation, consideration, and enactment of 
        changes in Federal laws, and of such additional 
        legislation as may be necessary or appropriate.
    (b)(1) In order to determine whether laws and programs 
addressing subjects within the jurisdiction of a committee are 
being implemented and carried out in accordance with the intent 
of Congress and whether they should be continued, curtailed, or 
eliminated, each standing committee (other than the Committee 
on Appropriations) shall review and study on a continuing 
basis--
          (A) the application, administration, execution, and 
        effectiveness of laws and programs addressing subjects 
        within its jurisdiction;
          (B) the organization and operation of Federal 
        agencies and entities having responsibilities for the 
        administration and execution of laws and programs 
        addressing subjects within its jurisdiction;
          (C) any conditions or circumstances that may indicate 
        the necessity or desirability of enacting new or 
        additional legislation addressing subjects within its 
        jurisdiction (whether or not a bill or resolution has 
        been introduced with respect thereto); and
          (D) future research and forecasting on subjects 
        within its jurisdiction.
    (2) Each committee to which subparagraph (1) applies having 
more than 20 members shall establish an oversight subcommittee, 
or require its subcommittees to conduct oversight in their 
respective jurisdictions, to assist in carrying out its 
responsibilities under this clause. The establishment of an 
oversight subcommittee does not limit the responsibility of a 
subcommittee with legislative jurisdiction in carrying out its 
oversight responsibilities.
    (c) Each standing committee shall review and study on a 
continuing basis the impact or probable impact of tax policies 
affecting subjects within its jurisdiction as described in 
clauses 1 and 3.
    (d)(1) Not later than February 15 of the first session of a 
Congress, each standing committee shall, in a meeting that is 
open to the public and with a quorum present, adopt its 
oversight plan for that Congress. Such plan shall be submitted 
simultaneously to the Committee on Oversight and Government 
Reform and to the Committee on House Administration. In 
developing its plan each committee shall, to the maximum extent 
feasible--
          (A) consult with other committees that have 
        jurisdiction over the same or related laws, programs, 
        or agencies within its jurisdiction with the objective 
        of ensuring maximum coordination and cooperation among 
        committees when conducting reviews of such laws, 
        programs, or agencies and include in its plan an 
        explanation of steps that have been or will be taken to 
        ensure such coordination and cooperation;
          (B) review specific problems with Federal Rules, 
        regulations, statutes, and court decisions that are 
        ambiguous, arbitrary, or nonsensical, or that impose 
        severe financial burdens on individuals;
          (C) give priority consideration to including in its 
        plan the review of those laws, programs, or agencies 
        operating under permanent budget authority or permanent 
        statutory authority;
          (D) have a view toward ensuring that all significant 
        laws, programs, or agencies within its jurisdiction are 
        subject to review every 10 years;
          (E) have a view toward insuring against duplication 
        of Federal programs; and
          (F) include proposals to cut or eliminate programs, 
        including mandatory spending programs, that are 
        inefficient, duplicative, outdated, or more 
        appropriately administered by State or local 
        governments.

    Pursuant to H. Res. 72, for the first session of the 112th 
Congress, the Committee is required to identify any oversight 
or legislative activity conducted in support of, or as a result 
of, its ``inventory and review of existing, pending, and 
proposed regulations, orders, and other administrative actions 
or procedures by agencies of the Federal government'' within 
its jurisdiction. The full text of the Resolution follows:

    Resolved, That each standing committee designated in 
section 3 of this resolution shall inventory and review 
existing, pending, and proposed regulations, orders, and other 
administrative actions or procedures by agencies of the Federal 
Government within such committee's jurisdiction. In completing 
such inventory and review, each committee shall consider the 
matters described in section 2. Each committee shall conduct 
such hearings and other oversight activities as it deems 
necessary in support of the inventory and review, and shall 
identify in any report filed pursuant to clause 1(d) of Rule XI 
for the first session of the 112th Congress any oversight or 
legislative activity conducted in support of, or as a result 
of, such inventory and review.

SEC. 2. MATTERS FOR CONSIDERATION.

    In completing the review and inventory described in the 
first section of this resolution, each committee shall identify 
regulations, executive and agency orders, and other 
administrative actions or procedures that--
          (1) impede private-sector job creation;
          (2) discourage innovation and entrepreneurial 
        activity;
          (3) hurt economic growth and investment;
          (4) harm the Nation's global competitiveness;
          (5) limit access to credit and capital;
          (6) fail to utilize or apply accurate cost-benefit 
        analyses;
          (7) create additional economic uncertainty;
          (8) are promulgated in such a way as to limit 
        transparency and the opportunity for public comment, 
        particularly by affected parties;
          (9) lack specific statutory authorization;
          (10) undermine labor-management relations;
          (11) result in large-scale unfunded mandates on 
        employers without due cause;
          (12) impose undue paperwork and cost burdens on small 
        businesses; or
          (13) prevent the United States from becoming less 
        dependent on foreign energy sources.

SEC. 3. COMMITTEES.

    The committees referred to in the first section of this 
resolution are as follows:
          (1) The Committee on Agriculture.
          (2) The Committee on Education and the Workforce.
          (3) The Committee on Energy and Commerce.
          (4) The Committee on Financial Services.
          (5) The Committee on the Judiciary.
          (6) The Committee on Natural Resources.
          (7) The Committee on Oversight and Government Reform.
          (8) The Committee on Small Business.
          (9) The Committee on Transportation and 
        Infrastructure.
          (10) The Committee on Ways and Means.

    To carry out its work during the 112th Congress, the 
Committee on Ways and Means had six standing Subcommittees, as 
follows:

          Subcommittee on Trade;
          Subcommittee on Oversight;
          Subcommittee on Health;
          Subcommittee on Social Security;
          Subcommittee on Human Resources; and
          Subcommittee on Select Revenue Measures.

    The membership of the six Subcommittees\1\ of the Committee 
on Ways and Means in the 112th Congress is as follows:

                         Subcommittee on Trade

                      KEVIN BRADY, Texas, Chairman
DAVE REICHERT, Washington            JIM McDERMOTT, Washington
WALLY HERGER, California             RICHARD E. NEAL, Massachusetts
DEVIN NUNES, California              LLOYD DOGGETT, Texas
VERN BUCHANAN, Florida               JOSEPH CROWLEY, New York
ADRIAN SMITH, Nebraska               JOHN B. LARSON, Connecticut
AARON SCHOCK, Illinois
LYNN JENKINS, Kansas

                    Subcommittee on Social Security

                      SAM JOHNSON, Texas, Chairman
KEVIN BRADY, Texas                   XAVIER BERRA, California
PAT TIBERI, Ohio                     LLOYD DOGGETT, Texas
AARON SCHOCK, Illinois               SHELLEY BERKLEY, Nevada
RICK BERG, North Dakota              FORTNEY PETE STARK, California
ADRIAN SMITH, Illinois
KENNY MARCHANT, Texas

                       Subcommittee on Oversight

                 CHARLES BOUSTANY, Louisiana, Chairman
DIANE BLACK, Tennessee               JOHN LEWIS, Georgia
AARON SCHOCK, Illinois               XAVIER BECERRA, California
LYNN JENKINS, Kansas                 RON KIND, Wisconsin
KENNY MARCHANT, Texas                JIM McDERMOTT, Washington
TOM REED, New York
ERIK PAULSEN, Minnesota

                         Subcommittee on Health

                   WALLY HERGER, California, Chairman
SAM JOHNSON, Texas                   FORTNEY PETE STARK, California
PAUL RYAN, Wisconsin                 MIKE THOMPSON, California
DEVIN NUNES, California              RON KIND, Wisconsin
DAVE REICHERT, Washington            EARL BLUMENAUER, Oregon
PETER ROSKAM, Illinois               BILL PASCRELL, Jr., New Jersey
JIM GERLACH, Pennsylvania
TOM PRICE, Georgia
VERN BUCHANAN, Florida

                    Subcommittee on Human Resources

                ERIK PAULSEN, Minnesota, Acting Chairman
RICK BERG, North Dakota              LLOYD DOGGETT, Texas
TOM REED, New York                   JIM McDERMOTT, Washington
TOM PRICE, Georgia                   JOHN LEWIS, Georgia
DIANE BLACK, Tennessee               JOSEPH CROWLEY, New York
CHARLES BOUSTANY, Louisiana

                Subcommittee on Select Revenue Measures

                       PAT TIBERI, Ohio, Chairman
PETER ROSKAM, Illinois               RICHARD E. NEAL, Massachusetts
ERIK PAULSEN, Minnesota              MIKE THOMPSON, California
RICK BERG, North Dakota              JOHN B. LARSON, Connecticut
CHARLES BOUSTANY, Louisiana          SHELLEY BERKLEY, Nevada
KENNY MARCHANT, Texas
JIM GERLACH, Pennsylvania

----------
\1\Rep. Charles Rangel, NY will serve as an ex officio member sitting 
on all of the Subcommittees without voting rights in the 112th 
Congress.

    The Committee on Ways and Means submits its report on its 
legislative and oversight activities for the 112th Congress 
pursuant to the above stated provisions of the Rules of the 
House. Section I of the report describes the Committee's 
legislative activities, divided into seven sections as follows: 
Legislative Review of Tax, Trust Fund, and Pension Issues; 
Legislative Review of Trade Issues; Legislative Review of 
Health Issues; Legislative Review of Social Security Issues; 
Legislative Review of Human Resources Issues; and Legislative 
Review of Multi-Jurisdictional Issues.
    Section II of the report describes the Committee's 
oversight activities. It includes a copy of the Committee's 
Oversight Agenda, adopted on February 15, 2011, along with a 
description of actions taken and recommendations made with 
respect to the oversight plan. The report then discusses 
additional Committee oversight activities, and any 
recommendations or actions taken as a result.
    Section III details the Committee's activities pursuant to 
H. Res. 72.
    Finally, the report includes four appendices with Committee 
information. Appendix I is an expanded discussion of the 
Jurisdiction of the Committee on Ways and Means along with a 
revised listing and explanation of blue slip resolutions and 
points of order under House Rule XXI 5(a). Appendix II is a 
brief Historical Note on the origins of the Committee; Appendix 
III is a Statistical Review of the Activities of the Committee 
on Ways and Means; and Appendix IV is a listing of the Chairmen 
and Membership of the Committee from the 1st-112th Congresses.



                                                 Union Calendar No. 552
112th Congress  }                                            {   Report
  2nd Session   }          HOUSE OF REPRESENTATIVES          {  112-750

=======================================================================


REPORT ON THE LEGISLATIVE AND OVERSIGHT ACTIVITIES OF THE COMMITTEE ON 
         WAYS AND MEANS DURING THE ONE HUNDRED TWELFTH CONGRESS

                                _______
                                

January 3, 2013.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

            Mr. Camp, from the Committee on Ways and Means, 
                        submitted the following

                              R E P O R T

                     I. LEGISLATIVE ACTIVITY REVIEW


      A. Legislative Review of Tax, Trust Fund, and Pension Issues


1. BILLS ENACTED INTO LAW DURING THE 112TH CONGRESS (JANUARY 5, 2011 TO 
                            JANUARY 2, 2013)

a. Surface Transportation Extension Act of 2011 (P.L. 112-5)

    On February 11, 2011, Transportation and Infrastructure 
Committee Chairman John Mica and four cosponsors--
Representative Peter DeFazio, Representative John Duncan, Jr., 
Representative Richard Hanna, and Representative Nick Rahall, 
II--introduced H.R. 662, the ``Surface Transportation Extension 
Act of 2011.'' On March 2, 2011, the House passed the bill, as 
amended, under a rule by a vote of 421-4. On March 3, 2011, the 
Senate passed the bill without amendment by voice vote. On 
March 4, 2011, the President signed the bill into law.
    H.R. 662 extended through September 30, 2011 the 
authorization of various surface transportation programs under 
the jurisdiction of the Transportation and Infrastructure 
Committee. The tax-related provisions of H.R. 662 extended 
through September 30, 2011 the Internal Revenue Code's 
expenditure authority for the Highway Trust Fund Highway and 
Mass Transit accounts and the Sport Fish Restoration and 
Boating Trust Fund.

b. Airport and Airway Extension Act of 2011 (P.L. 112-7)

    On March 15, 2011, Transportation and Infrastructure 
Committee Chairman John Mica and four cosponsors--Chairman 
Camp, Representative Jerry Costello, Representative Thomas 
Petri, and Representative Nick Rahall, II--introduced H.R. 
1079, the ``Airport and Airway Extension Act of 2011.'' On 
March 22, 2011 and March 23, 2011, Chairman Camp and Chairman 
Mica exchanged letters acknowledging the jurisdiction of the 
Ways and Means Committee on the bill's tax-related provisions. 
Those letters noted that the Ways and Means Committee had, on 
March 16, 2011, ordered favorably reported legislation (H.R. 
1034) similar to the tax-related provisions of H.R. 1079. For 
additional information on H.R. 1034, see section 2j. On March 
29, 2011, the House passed H.R. 1079 under suspension of the 
rules by voice vote. On March 29, 2011, the Senate passed the 
bill without amendment by unanimous consent. On March 31, 2011, 
the President signed the bill into law.
    H.R. 1079 extended through May 31, 2011 the authorization 
of various airport and airway programs under the jurisdiction 
of the Transportation and Infrastructure Committee. The tax-
related provisions of H.R. 1079 extended through May 31, 2011 
the Internal Revenue Code's expenditure authority for the 
Airport and Airway Trust Fund and the excise taxes that support 
the Airport and Airway Trust Fund.

c. Comprehensive 1099 Taxpayer Protection and Repayment of Exchange 
        Subsidy Overpayments Act of 2011 (P.L. 112-9)

    On January 12, 2011, House Administration Committee 
Chairman Dan Lungren and 245 cosponsors introduced H.R. 4, the 
``Small Business Paperwork Mandate Elimination Act of 2011.'' 
On February 17, 2011, the Committee marked up the bill and 
ordered it favorably reported without amendment by voice vote, 
and the report (H. Rept. 112-15) was filed on February 22, 
2011. At the request of Chairman Camp in a letter submitted to 
the Rules Committee on February 28, 2011, the text of H.R. 4 
was subsequently replaced by the text of H.R. 705, the 
``Comprehensive 1099 Taxpayer Protection and Repayment of 
Exchange Subsidy Overpayments Act of 2011,'' which the 
Committee had separately marked up and ordered reported, as 
amended, on February 17, 2011. (The report on H.R. 705 (H. 
Rept. 112-16) was filed on February 22, 2011.) For further 
information on H.R. 705, see section 2h. On March 3, 2011, the 
House passed H.R. 4, as amended (which incorporated the text of 
H.R. 705 as reported by the Ways and Means Committee), under a 
rule by a vote of 314-112. On April 5, 2011, the Senate passed 
the bill without further amendment by a recorded vote of 87-12. 
On April 14, 2011, the President signed the bill into law.
    As reported by the Committee, H.R. 4 would have repealed 
section 9006 of the Patient Protection and Affordable Care Act 
of 2010 (``PPACA'') (P. L. 111-148), which expanded certain 
information reporting requirements under Internal Revenue Code 
section 6041 for payments of $600 or more to corporations or 
with respect to gross proceeds for property. As enacted, H.R. 4 
amended the Internal Revenue Code to provide for: (1) The 
repeal of the expanded information reporting requirements 
enacted in section 9006 of PPACA (P. L. 111-148) for payments 
of $600 or more to corporations or with respect to gross 
proceeds for property, (2) the repeal of the information 
reporting requirements with respect to real estate expenses 
enacted in section 2101 of the Small Business Jobs Act of 2010 
(P. L. 111-240), and (3) an increase in the amount of the 
required repayment of overpayments of premium assistance 
credits for health insurance purchased through an exchange.

d. Department of Defense and Full-Year Continuing Appropriations Act, 
        2011 (P.L. 112-10)

    On April 11, 2011, House Appropriations Committee Chairman 
Harold Rogers introduced H.R. 1473, legislation to provide 
continuing appropriations for the remainder of FY 2011. On 
April 14, 2011, the House passed H.R. 1473 under a rule by a 
vote of 260-167. On April 14, 2011, the House-passed bill 
passed the Senate by a vote of 81-19. On April 15, 2011, the 
President signed the bill into law.
    H.R. 1473 included provisions--which had previously passed 
the House as part of H.R. 471, see section 2g--authorizing 
educational scholarships for certain students residing in 
Washington, D.C. The tax-related provisions of this portion of 
the legislation provided a rule of construction stating that 
the education scholarships provided to parents of eligible 
students under the bill are not to be treated as income under 
Federal tax law.

e. Airport and Airway Extension Act of 2011, Part II (P.L. 112-16)

    On May 13, 2011, Transportation and Infrastructure 
Committee Chairman John Mica and six cosponsors--Chairman Camp, 
Ranking Member Levin, Representative Jerry Costello, 
Representative John Lewis, Representative Thomas Petri, and 
Representative Nick Rahall, II--introduced H.R. 1893, the 
``Airport and Airway Extension Act of 2011, Part II.'' On May 
23, 2011, Chairman Camp and Chairman Mica exchanged letters 
acknowledging the jurisdiction of the Ways and Means Committee 
on the bill's tax-related provisions. The Ways and Means 
Committee had, on March 16, 2011, ordered favorably reported 
legislation (H.R. 1034) similar to the tax-related provisions 
of H.R. 1893. For additional information on H.R. 1034, see 
section 2j. On May 23, 2011, the House passed H.R. 1893 under 
suspension of the rules by voice vote. On May 24, 2011, the 
Senate passed the bill without amendment by unanimous consent. 
On May 31, 2011, the President signed the bill into law.
    H.R. 1893 extended through June 30, 2011 the authorization 
of various airport and airway programs under the jurisdiction 
of the Transportation and Infrastructure Committee. The tax-
related provisions of H.R. 1893 extended through June 30, 2011 
the Internal Revenue Code's expenditure authority for the 
Airport and Airway Trust Fund and the excise taxes that support 
the Airport and Airway Trust Fund.

f. Airport and Airway Extension Act of 2011, Part III (P.L. 112-21)

    On June 22, 2011, Transportation and Infrastructure 
Committee Chairman John Mica and two cosponsors--Chairman Camp 
and Representative Thomas Petri--introduced H.R. 2279, the 
``Airport and Airway Extension Act of 2011, Part III.'' The 
Ways and Means Committee had, on March 16, 2011, ordered 
favorably reported legislation (H.R. 1034) similar to the tax-
related provisions of H.R. 2279. For additional information on 
H.R. 1034, see section 2j. On June 24, 2011, Chairman Camp and 
Chairman Mica exchanged letters acknowledging the jurisdiction 
of the Ways and Means Committee on the bill's tax-related 
provisions. On June 24, 2011, the House passed H.R. 2279 by 
unanimous consent. On June 27, 2011, the Senate passed the bill 
without amendment by unanimous consent. On June 29, 2011, the 
President signed the bill into law.
    H.R. 2279 extended through July 22, 2011 the authorization 
of various airport and airway programs under the jurisdiction 
of the Transportation and Infrastructure Committee. The tax-
related provisions of H.R. 2279 extended through July 22, 2011 
the Internal Revenue Code's expenditure authority for the 
Airport and Airway Trust Fund and the excise taxes that support 
the Airport and Airway Trust Fund.

g. Airport and Airway Extension Act of 2011, Part IV (P.L. 112-27)

    On July 15, 2011, Transportation and Infrastructure 
Committee Chairman John Mica and two cosponsors--Chairman Camp 
and Representative Thomas Petri--introduced H.R. 2553, the 
``Airport and Airway Extension Act of 2011, Part IV.'' The Ways 
and Means Committee had, on March 16, 2011, ordered favorably 
reported legislation (H.R. 1034) similar to the tax-related 
provisions of H.R. 2553. For additional information on H.R. 
1034, see section 2j. On July 18, 2011, Chairman Camp and 
Chairman Mica exchanged letters acknowledging the jurisdiction 
of the Ways and Means Committee on the bill's tax-related 
provisions. On July 20, 2011, the House passed H.R. 2553 under 
a rule by a vote of 243-177. On August 5, 2011, the Senate 
passed the bill without amendment by unanimous consent. On 
August 5, 2011, the President signed the bill into law.
    H.R. 2553 extended through September 16, 2011 the 
authorization of various airport and airway programs under the 
jurisdiction of the Transportation and Infrastructure 
Committee. The tax-related provisions of H.R. 2553 extended 
through September 16, 2011 the Internal Revenue Code's 
expenditure authority for the Airport and Airway Trust Fund and 
the excise taxes that support the Airport and Airway Trust 
Fund.

h. Leahy-Smith America Invents Act (P.L. 112-29)

    On March 30, 2011, Judiciary Committee Chairman Lamar Smith 
and two cosponsors--Representative Bob Goodlatte, and 
Representative Darrell Issa--introduced H.R. 1249, legislation 
concerning the nation's patent system. On June 22, 2011 and 
June 24, 2011, Chairman Camp and Chairman Smith exchanged 
letters acknowledging the jurisdiction of the Ways and Means 
Committee on the bill's tax-related provisions. On June 23, 
2011, the House passed H.R. 1249, as amended, under a rule by a 
vote of 304-117. On September 8, 2011, the Senate passed the 
bill without amendment by a vote of 89-9. On September 16, 
2011, the President signed the bill into law.

i. Surface and Air Transportation Programs Extension Act of 2011 (P.L. 
        112-30)

    On September 12, 2011, Transportation and Infrastructure 
Committee Chairman John Mica and six cosponsors--Chairman Camp, 
Ranking Member Levin, Representative John Duncan, Jr., 
Representative John Lewis, Representative Thomas Petri, and 
Representative Nick Rahall, II--introduced H.R. 2887, the 
``Surface and Air Transportation Programs Extension Act of 
2011.'' The Ways and Means Committee had, on March 16, 2011, 
ordered favorably reported legislation (H.R. 1034) similar to 
the tax-related aviation provisions contained in H.R. 2887. For 
additional information on H.R. 1034, see section 2j. On 
September 13, 2011, Chairman Camp and Chairman Mica exchanged 
letters acknowledging the jurisdiction of the Ways and Means 
Committee on the bill's tax-related provisions. On September 
13, 2011, the House passed H.R. 2887 under suspension of the 
rules by voice vote. On September 15, 2011, the Senate passed 
the bill without amendment by a vote of 92-6. On September 16, 
2011, the President signed the bill into law.
    H.R. 2887 extended through January 31, 2012 the 
authorization of various airport and airway programs under the 
jurisdiction of the Transportation and Infrastructure 
Committee. The tax-related provisions of the aviation-related 
portions of H.R. 2887 extended through January 31, 2012 the 
Internal Revenue Code's expenditure authority for the Airport 
and Airway Trust Fund and the excise taxes that support the 
Airport and Airway Trust Fund. In addition, the highway trust 
fund expenditure authority and associated excise taxes--which 
had been scheduled to expire on September 30, 2011--were 
extended through March 31, 2012. As part of the highway trust 
fund title, the bill also extended through March 31, 2012 the 
Leaking Underground Storage Tank Trust Fund excise tax.

j. Trade Adjustment Assistance Extension Act/Health Coverage Tax Credit 
        Termination (P.L. 112-40)

    On September 2, 2011, Chairman Camp introduced legislation 
(H.R. 2832) to extend the Generalized System of Preferences 
(GSP). Prior to its enactment on October 21, 2011, this 
legislation was amended to include an extension of the Trade 
Adjustment Assistance program, including an extension and 
termination of the Health Coverage Tax Credit (HCTC). For a 
detailed summary of the legislative history of H.R. 2832 and of 
the trade provisions of the bill, as enacted, see Part IB.
    With respect to the HCTC, H.R. 2832, as enacted, 
retroactively extended the credit from February 13, 2011, 
through December 31, 2013, at a reduced rate of 72.5 percent. 
After December 31, 2013, the legislation terminated the HCTC in 
its entirety.

k. United States-Korea Free Trade Agreement Implementation Act (P.L. 
        112-41)

    On October 3, 2011, House Majority Leader Eric Cantor 
introduced legislation (H.R. 3080) to implement the United 
States-Korea Free Trade Agreement. For a detailed summary of 
the legislative history of H.R. 3080 and of the trade 
provisions of the bill, as enacted, see Part IB.
    H.R. 3080 contained several tax-related provisions. First, 
it increased, from $100 to $500, the penalty for paid tax 
preparers who fail to comply with earned income tax credit due 
diligence requirements. Second, H.R. 3080 required the head of 
the Federal Bureau of Prisons and the head of any State agency 
that administers prisons to provide to the Secretary of the 
Treasury, in electronic format, certain information regarding 
incarcerated inmates to assist in ensuring that inmates are not 
filing fraudulent returns. Finally, with respect to 
corporations with at least $1 billion in assets, H.R. 3080: (1) 
increased by 0.25 percent the rate of corporate estimated tax 
payments due in July, August, or September of 2012, (2) 
increased by 2.75 percent the rate of corporate estimated tax 
payments due in July, August, or September of 2016, and (3) 
reduced, with respect to any such increases, the next required 
installments by a corresponding amount.

l. United States-Colombia Trade Promotion Agreement Implementation Act 
        (P.L. 112-42)

    On October 3, 2011, House Majority Leader Eric Cantor 
introduced legislation (H.R. 3078) to implement the United 
States-Colombia Free Trade Agreement. For a detailed summary of 
the legislative history of H.R. 3078 and of the trade 
provisions of the bill, as enacted, see Part IB.
    H.R. 3078 contained one tax provision. With respect to 
corporations with at least $1 billion in assets, H.R. 3078 
increased by 0.5 percent the rate of corporate estimated tax 
payments due in July, August, or September of 2016, and reduced 
the next required installments by a corresponding amount.

m. United States-Panama Trade Promotion Agreement Implementation Act 
        (P.L. 112-43)

    On October 3, 2011, House Majority Leader Eric Cantor 
introduced legislation (H.R. 3079) to implement the United 
States-Panama Trade Promotion Agreement. For a detailed summary 
of the legislative history of H.R. 3079 and of the trade 
provisions of the bill, as enacted, see Part IB.
    H.R. 3079 contained one tax provision. With respect to 
corporations with at least $1 billion in assets, H.R. 3079: (1) 
increased by 0.25 percent the rate of corporate estimated tax 
payments due in July, August, or September of 2012, (2) 
increased by 0.25 percent the rate of corporate estimated tax 
payments due in July, August, or September of 2016, and (3) 
reduced, with respect to any such increases, the next required 
installments by a corresponding amount.

n. Amending the Internal Revenue Code of 1986 to repeal the imposition 
        of 3 percent withholding on certain payments made to vendors by 
        government entities, to modify the calculation of modified 
        adjusted gross income for purposes of determining eligibility 
        for certain healthcare-related programs, and for other purposes 
        (P.L. 112-56)

    On February 11, 2011, Representative Wally Herger--along 
with 10 cosponsors--introduced H.R. 674, ``To amend the 
Internal Revenue Code of 1986 to repeal the imposition of 3 
percent withholding on certain payments made to vendors by 
government entities.'' On October 13, 2011, the Committee 
marked up the bill and ordered it favorably reported without 
amendment by voice vote, and the report (H. Rept. 112-253) was 
filed on October 18, 2011. On October 27, 2011, the House 
passed H.R. 674 under a rule by a vote of 405-16. Pursuant to 
the rule (H. Res. 448), in the engrossment of H.R. 674, the 
text of H.R. 2576 was added to the end of H.R. 674 (see section 
2m). On November 10, 2011, the Senate passed the bill with an 
amendment by a vote of 95-0. On November 16, 2011, the House 
voted to suspend the rules and agree to the Senate amendment by 
a vote of 422-0. On November 21, 2011, the President signed the 
bill into law.
    As originally passed by the House and sent to the Senate on 
October 27, 2011, H.R. 674 would have: (1) permanently repealed 
the 3 percent withholding requirement on certain payments made 
to contractors doing business with federal, state, and local 
governments, and (2) modified the definition of income used for 
determining eligibility for Exchange subsidies, Medicaid, and 
the Children's Health Insurance Program (CHIP). As modified by 
the Senate on November 10, 2011--and subsequently cleared by 
the House on November 16, 2011 and enacted into law on November 
21, 2011--H.R. 674 retained both tax provisions contained in 
the original House-passed bill and also included various tax- 
and non-tax provisions related to veterans as well as certain 
additional tax-related provisions. As enacted, H.R. 674 
contained the following tax-related provisions: (1) a permanent 
repeal of the 3 percent withholding requirement on certain 
payments made to contractors doing business with federal, 
state, and local governments, (2) a modification of the 
definition of income used for determining eligibility for 
Exchange subsidies, Medicaid, and the Children's Health 
Insurance Program (CHIP), (3) an expansion and extension 
through 2012 of the Work Opportunity Tax Credit (WOTC) with 
respect to the hiring of certain unemployed veterans, (4) a tax 
compliance provision related to Internal Revenue Service levy 
authority with respect to Federal contractors with unpaid tax 
liabilities, and (5) a study regarding tax non-compliance by 
Federal contractors.

o. Airport and Airway Extension Act of 2012 (P.L. 112-91)

    On January 23, 2012, Transportation and Infrastructure 
Committee Chairman John Mica and six cosponsors--Chairman Camp, 
Ranking Member Levin, Representative John Lewis, Representative 
Thomas Petri, Representative Nick Rahall, and Representative 
Jerry Costello--introduced H.R. 3800, the ``Airport and Airway 
Extension Act of 2012.'' The Ways and Means Committee had, on 
March 16, 2011, ordered favorably reported legislation (H.R. 
1034) similar to the tax-related provisions of H.R. 3800. For 
additional information on H.R. 1034, see section 2j. On January 
24, 2012, Chairman Camp and Chairman Mica exchanged letters 
acknowledging the jurisdiction of the Ways and Means Committee 
on the bill's tax-related provisions. On January 24, 2012, the 
House agreed to the bill by voice vote, and the Senate passed 
the bill by unanimous consent on January 26, 2012. The 
President signed the bill into law on January 31, 2012.
    H.R. 3800 extended through February 17, 2012 the 
authorization of various airport and airway programs under the 
jurisdiction of the Transportation and Infrastructure 
Committee. The tax-related provisions of H.R. 3800 extended 
through February 17, 2012 the Internal Revenue Code's 
expenditure authority for the Airport and Airway Trust Fund and 
the excise taxes that support the Airport and Airway Trust Fund 
(which had been scheduled to expire on January 31, 2012).

p. FAA Modernization and Reform Act of 2012 (P.L. 112-95)

    On February 11, 2011, Transportation and Infrastructure 
Committee Chairman John Mica--along with 21 cosponsors--
introduced H.R. 658, the ``FAA Reauthorization and Reform Act 
of 2011.'' On March 11, 2011, Chairman Camp introduced related 
legislation, the ``Airport and Airway Trust Fund Financing 
Reauthorization Act of 2011'' (H.R. 1034). On March 16, 2011, 
the Ways and Means Committee held a mark-up on H.R. 1034 and 
ordered it favorably reported by voice vote, and the report (H. 
Rept. 112-44, Part I) was filed on March 29, 2011. As noted in 
a March 29, 2011 letter from Chairman Camp to Rules Committee 
Chairman David Dreier, the text of H.R. 1034, as reported by 
the Ways and Means Committee, was, at Chairman Camp's request, 
incorporated into the March 22, 2011 Rules Committee Print of 
H.R. 658 prior to that bill's consideration by the Rules 
Committee. For further information on H.R. 1034, see section 
2j. On April 1, 2011, the House passed H.R. 658, as amended, to 
incorporate the text of H.R. 1034, under a rule by a vote of 
223-196. On April 7, 2011, the Senate amended the bill by 
substituting the House-passed text with the language of S. 223 
and, by unanimous consent, passed the bill as amended. On the 
same date, the Senate requested a conference. On January 31, 
2012, the House, by unanimous consent, agreed to a motion to 
disagree to the Senate amendment and to agree to a conference. 
On February 1, 2012, the conference report (H. Rept. 112-381) 
was filed. On February 3, 2012, the House agreed to the 
conference report under a rule by a vote of 248-169, and on 
February 6, 2012, the Senate agreed to the conference report by 
a vote of 75-20. On February 14, 2012, President Obama signed 
the conference report into law (P.L. 112-95).
    As introduced on February 11, 2011, H.R. 658 provided for 
the authorization of the Federal Aviation Administration (FAA) 
and related programs under the jurisdiction of the 
Transportation and Infrastructure Committee through FY 2014. As 
passed by the House--reflecting the incorporation of the text 
of H.R. 1034--the bill also extended through September 30, 2014 
the Internal Revenue Code's expenditure authority for the 
Airport and Airway Trust Fund (AATF) and the excise taxes that 
support the AATF. The tax title of the Senate-passed version 
included a shorter extension of AATF expenditure authority and 
the associated excise taxes, as well as various other 
provisions.
    The conference report that was enacted into law on February 
14, 2012 provided for the authorization of the Federal Aviation 
Administration (FAA) and related programs under the 
jurisdiction of the Transportation and Infrastructure Committee 
through FY 2015. The tax title of the conference report 
extended the federal excise taxes funding the AATF at their 
existing rates and reauthorized AATF expenditure authority 
through September 30, 2015. The tax title of the conference 
report also included provisions that: classified fractional 
aircraft ownership flights as noncommercial for tax purposes 
through September 30, 2015, along with imposing a 14.1 cent per 
gallon surtax on fractional aircraft fuel through September 30, 
2021; enhanced transparency in passenger tax disclosures; 
permitted tax-exempt bond financing for fixed-wing emergency 
medical aircraft; allowed employees of airlines to roll over 
certain amounts received in airline carrier bankruptcy into 
Individual Retirement Accounts; terminated the ticket and cargo 
tax exemption for small jet aircraft on non-established lines; 
and modified the control definition for purposes of limitations 
on convertible bond repurchase premium deductibility.

q. Surface Transportation Extension Act of 2012 (P.L. 112-102)

    On March 28, 2012, Transportation and Infrastructure 
Committee Chairman John Mica and two cosponsors--Chairman Camp 
and Representative John Duncan--introduced H.R. 4281, the 
``Surface Transportation Extension Act of 2012.'' The Ways and 
Means Committee had, on February 3, 2012, ordered favorably 
reported (as amended) related legislation (H.R. 3864). For 
additional information on H.R. 3864, see section 2o. On March 
29, 2012, Chairman Camp and Chairman Mica exchanged letters 
acknowledging the jurisdiction of the Ways and Means Committee 
on the bill's tax-related provisions. On March 29, 2012, the 
House passed the bill, under a rule, by a vote of 266-158, and 
the Senate passed it without amendment by voice vote later that 
same day. The President signed the bill into law on March 30, 
2012.
    H.R. 4281 extended through June 30, 2012 the authorization 
of various surface transportation programs under the 
jurisdiction of the Transportation and Infrastructure 
Committee. The tax-related provisions of H.R. 4281 extended 
through June 30, 2012 the Internal Revenue Code's expenditure 
authority for the Highway Trust Fund and generally extended the 
associated excise taxes (which had been scheduled to expire on 
March 31, 2012) through June 30, 2012.

r. Temporary Surface Transportation Extension Act of 2012 (P.L. 112-
        140)

    On June 29, 2012, Transportation and Infrastructure 
Committee Chairman John Mica introduced H.R. 6064, the 
``Temporary Surface Transportation Extension Act of 2012.'' The 
Ways and Means Committee had, on February 3, 2012, ordered 
favorably reported (as amended) related legislation (H.R. 
3864). For additional information on H.R. 3864, see section 2o. 
On June 29, 2012, the House passed the bill by unanimous 
consent, and the Senate passed it without amendment by 
unanimous consent that same day. The President signed the bill 
into law on June 29, 2012.
    H.R. 6064 extended through July 6, 2012 the authorization 
of various surface transportation programs under the 
jurisdiction of the Transportation and Infrastructure 
Committee. The tax-related provisions of H.R. 6064 extended 
through July 6, 2012 the Internal Revenue Code's expenditure 
authority for the Highway Trust Fund and generally extended the 
associated excise taxes (which had been scheduled to expire on 
June 30, 2012) through July 6, 2012.

s. Moving Ahead for Progress in the 21st Century Act (MAP-21) (P.L. 
        112-141)

    On April 16, 2012, Transportation and Infrastructure 
Committee Chairman John Mica and two cosponsors--Chairman Camp 
and Representative Lee Terry--introduced H.R. 4348, the 
``Surface Transportation Extension Act of 2012, Part II.'' The 
Ways and Means Committee had, on February 3, 2012, ordered 
favorably reported (as amended) related legislation (H.R. 
3864). For additional information on H.R. 3864, see section 2o. 
On April 17, 2012, Chairman Camp and Chairman Mica exchanged 
letters acknowledging the jurisdiction of the Ways and Means 
Committee on the bill's tax-related provisions. On April 18, 
2012, the House passed the bill as amended, under a rule, by a 
vote of 293-127. On April 24, 2012, the Senate amended the bill 
by substituting the language of S. 1813 (as amended) for the 
House-passed text and, by unanimous consent, passed the bill as 
amended. On the same date, the Senate requested a conference. 
On April 25, 2012, the House, by unanimous consent, agreed to a 
motion to disagree to the Senate amendment and to agree to a 
conference. On June 28, 2012, the conference report (H. Rept. 
112-557) on the bill was filed. On June 29, 2012, the House 
passed the conference report, under a rule, by a vote of 373-
52. That same day, the Senate agreed to the conference report 
by a vote of 74-19. On July 6, 2012, the President signed the 
conference report into law.
    As originally passed by the House on April 18, 2012, H.R. 
4348 would have extended through September 30, 2012 the 
authorization of various surface transportation programs under 
the jurisdiction of the Transportation and Infrastructure 
Committee. The tax-related provisions of H.R. 4348 as 
originally passed the House would have extended through 
September 30, 2012 the Internal Revenue Code's expenditure 
authority for the Highway Trust Fund and the associated excise 
taxes (which, as of the date of the House's original passage of 
H.R. 4348, were generally scheduled to expire on June 30, 
2012).
    The conference report that was enacted into law on July 6, 
2012, as renamed the ``Moving Ahead for Progress in the 21st 
Century Act'' (``MAP-21''), reauthorized appropriations for 
Federal highway and other transportation programs--and extended 
the general expenditure authority of the HTF--through September 
30, 2014. The conference report also extended the excise taxes 
that support the HTF through September 30, 2016, while making 
various other tax and tax-related policy changes. Among those 
other tax and tax-related provisions, the conference report: 
(1) changed the calculation of interest rates used to determine 
pension liabilities, thus effectively providing pension funding 
relief to employers sponsoring defined benefit pension plans, 
(2) made various modifications to insurance premiums paid to 
the Pension Benefit Guaranty Corporation (PBGC) by single-
employer and multi-employer pension plans, (3) made various 
other PBGC-related reforms, (4) extended through 2021 a 
provision permitting employers to use excess pension plan 
assets to pay for retiree health benefits and also permitted 
such excess assets to be used for funding retiree life 
insurance, (5) provided for various inter-fund transfers, and 
(6) modified the definition of ``tobacco manufacturer'' to 
include businesses operating roll-your-own cigarette machines.

t. Amending the African Growth and Opportunity Act to extend the third-
        country fabric program and to add South Sudan to the list of 
        countries eligible for designation under that Act, to make 
        technical corrections to the Harmonized Tariff Schedule of the 
        United States relating to the textile and apparel rules of 
        origin for the Dominican Republic-Central America-United States 
        Free Trade Agreement, to approve the renewal of import 
        restrictions contained in the Burmese Freedom and Democracy Act 
        of 2003, and for other purposes. (P.L. 112-163)

    On June 21, 2012, Chairman Camp--along with Ranking Member 
Levin and twenty other cosponsors--introduced legislation (H.R. 
5986) to amend various trade statutes. For a detailed summary 
of the legislative history of H.R. 5986 and of the trade 
provisions of the bill, as enacted, see Part IB.
    H.R. 5986 contained one tax provision. With respect to 
corporations with at least $1 billion in assets, H.R. 5986 
increased by 0.25 percent the rate of corporate estimated tax 
payments due in July, August, or September of 2017 and reduced 
the next required installments by a corresponding amount.

2. TAX RELIEF AND OTHER PROPOSALS DURING THE 112TH CONGRESS (JANUARY 5, 
                        2011 TO JANUARY 2, 2013)

a. Repealing the Job-Killing Health Care Law Act (H.R. 2)

    On January 5, 2011, Majority Leader Eric Cantor, along with 
Chairman Camp and 150 other cosponsors, introduced H.R. 2, the 
``Repealing the Job-Killing Health Care Law Act.'' On January 
19, 2011, the House passed the bill, as amended, under a rule 
by a vote of 245-189. As of January 2, 2013, the Senate had not 
yet taken up the legislation. For information on a related bill 
(H.R. 6079) subsequently passed by the House, see section 2t.
    As passed by the House, H.R. 2 would repeal the ``Patient 
Protection and Affordable Care Act of 2010'' (P. L. 111-148) 
and the health care provisions of the ``Health Care and 
Education Reconciliation Act of 2010'' (P.L. 111-152), 
including the tax provisions contained in those two laws.

b. No Taxpayer Funding for Abortion Act (H.R. 3)

    On January 20, 2011, Representative Christopher Smith and 
161 cosponsors introduced H.R. 3, the ``No Taxpayer Funding for 
Abortion Act.'' The bill was referred to the Judiciary 
Committee, as well as to the Energy and Commerce Committee and 
to the Ways and Means Committee. On March 3, 2011, the 
Judiciary Committee ordered H.R. 3, as amended, reported 
favorably by a vote of 23-14, and the report (H. Rept. 112-38, 
Part 1) was filed on March 17, 2011. On March 16, 2011, by 
letter of request from Chairman Camp, the Subcommittee on 
Select Revenue Measures held a hearing on the tax provisions 
contained in H.R. 3 as ordered reported by the Judiciary 
Committee. Following that hearing, on March 29, 2011, Chairman 
Camp introduced related legislation, H.R. 1232, in order to 
address potential ambiguities with respect to the application 
of certain tax provisions contained in H.R. 3. On March 31, 
2011, the Ways and Means Committee marked up H.R. 1232 and 
ordered it favorably reported, with an amendment, by a vote of 
22-14, and the report (H. Rept. 112-55) was filed on April 6, 
2011. For further information on H.R. 1232, see section 2l. 
Under the rule governing consideration of H.R. 3 on the House 
Floor, an amendment in the nature of a substitute offered by 
Judiciary Committee Chairman Smith and Chairman Camp--which 
substituted the text of H.R. 1232 for the tax provisions of 
H.R. 3 as reported by the Judiciary Committee--was adopted. On 
May 4, 2011, the House passed H.R. 3, as amended by a vote of 
251-175. As of January 2, 2013, the Senate had not yet taken up 
the legislation. For further information on another related 
bill (H.R. 358), see section 2d.
    As ordered reported by the Judiciary Committee on March 3, 
2011, H.R. 3 would not have directly amended the Internal 
Revenue Code. However, it would have affected the Code by 
prohibiting certain tax benefits from being used to pay for 
abortions or for health benefit plans that cover abortions. 
Specifically, the bill sought to prevent abortions from being 
paid for with Federal tax credits or deductions or with funds 
withdrawn on a tax-preferred basis from certain trusts and 
accounts. As passed by the House--reflecting the incorporation 
of the text of H.R. 1232--H.R. 3 would: (1) disallow the 
refundable premium tax credit for coverage under qualified 
health plans that provide coverage for abortion; (2) disallow 
the small employer health insurance expense credit for plans 
that include coverage for abortion; (3) include in gross income 
any amounts used for abortion that are distributed from Archer 
Medical Savings Accounts, Health Savings Accounts, and Health 
Flexible Spending Arrangements (FSAs); and (4) disallow the 
deduction for medical expenses for abortion-related expenses. 
The bill's provisions would not apply to abortions in cases of 
rape, incest, or life-threatening physical condition of the 
mother, and they would not apply to the treatment of injury, 
infection, or other health problems resulting from an abortion.

c. Small Business Tax Cut Act (H.R. 9)

    On March 21, 2012, Majority Leader Eric Cantor introduced 
H.R. 9, the ``Small Business Tax Cut Act.'' On March 28, 2012, 
the Committee held a mark-up on the bill and ordered it 
favorably reported, as amended, by a vote of 21-14, and the 
report (H. Rept. 112-425) was filed on April 10, 2012. On April 
19, 2012, the House passed H.R. 9, as amended, under a rule, by 
a vote of 235-173, with one Member voting ``Present.'' As of 
January 2, 2013, the Senate had not yet taken up the 
legislation.
    As passed by the House, H.R. 9 would provide all qualified 
small businesses with fewer than 500 employees, regardless of 
whether they are organized as pass-through businesses (e.g., S 
corporations, partnerships, or sole proprietorships) or as C 
corporations, a 20-percent deduction against active business 
income for tax year 2012.

d. Protect Life Act (H.R. 358)

    On January 20, 2011, Representative Joseph Pitts--along 
with 89 cosponsors--introduced H.R. 358, the ``Protect Life 
Act.'' The bill was referred to the Energy and Commerce 
Committee and was sequentially referred to the Ways and Means 
Committee. On September 14, 2011, and September 15, 2011, 
Chairman Camp and Chairman Upton exchanged letters 
acknowledging the jurisdiction of the Ways and Means Committee 
on the bill's tax-related provisions. On October 13, 2011, the 
House passed the bill under a rule by a vote of 251-172. As of 
January 2, 2013, the Senate had not yet taken up the 
legislation. For further information on two other related bills 
(H.R. 3 and H.R. 1232), see sections 2b and 2l, respectively.
    As passed by the House, H.R. 358 would generally prohibit 
Federal funds--including the refundable premium assistance tax 
credit applied toward qualified health plans under Sec. 36B of 
the Internal Revenue Code--from being used to pay for the costs 
of any abortion or to cover any part of the costs of any health 
plan that includes coverage of abortion.

e. Termination of Taxpayer Financing of Presidential Election Campaigns 
        and Party Conventions (H.R. 359)

    On January 20, 2011, Representative Tom Cole, along with 
seven cosponsors--Representative Todd Akin, Representative 
Roscoe Bartlett, Representative Rob Bishop, Representative John 
Campbell, Representative Virginia Foxx, Representative Doug 
Lamborn, and Representative Tom McClintock--introduced H.R. 
359, legislation to terminate taxpayer financing of 
Presidential election campaigns and party conventions. On 
January 26, 2011, the House passed H.R. 359 under a rule by a 
vote of 239-160. As of January 2, 2013, the Senate had not yet 
taken up the legislation. For information on a related bill 
(H.R. 3463) subsequently passed by the House, see section 2n.
    As passed by the House, H.R. 359 would amend the Internal 
Revenue Code to terminate: (1) the taxpayer election to 
designate $3 of income tax liability for financing of 
Presidential election campaigns; (2) the Presidential Election 
Campaign Fund; and (3) the Presidential Primary Matching 
Payment Account. The bill would also require the Secretary of 
the Treasury to transfer all amounts in the Presidential 
Election Campaign Fund after its termination to the general 
fund of the Treasury, to be used only for deficit reduction.

f. Health Care Cost Reduction Act of 2012 (H.R. 436)

    On January 25, 2011, Representative Erik Paulsen--along 
with 41 cosponsors--introduced H.R. 436, the ``Protect Medical 
Innovation Act of 2011.'' On May 31, 2012, the Committee held a 
mark-up on the bill and ordered it favorably reported, as 
amended, by a vote of 23-11, and the report (H. Rept. 112-514) 
was filed on June 5, 2012. On June 1, 2012, a Rules Committee 
Print of H.R. 436 (Rules Committee Print 112-23) was posted, 
which also incorporated the text of three additional pieces of 
legislation previously marked-up by the Ways and Means 
Committee--H.R. 5842 (for further information, see section 2r), 
H.R. 1004 (for further information, see section 2i), and the 
Ways and Means Committee Budget Reconciliation Legislative 
Recommendation Regarding Recapture of Overpayments Resulting 
From Certain Federally-Subsidized Health Insurance (for further 
information, see section 2q-1). On June 7, 2012, the House 
passed H.R. 436, as amended to incorporate the text of Rules 
Committee Print 112-23 and renamed the ``Health Care Cost 
Reduction Act of 2012,'' under a rule, by a vote of 270-146. As 
of January 2, 2013, the Senate had not yet taken up the 
legislation.
    As reported by the Committee--and as passed by the House--
H.R. 436 would repeal the excise tax on medical devices imposed 
under the Patient Protection and Affordable Care Act 
(``PPACA'') (P.L. 111-148) and the Health Care and Education 
Reconciliation Act (``HCERA'') (P.L. 111-152). The medical 
device excise tax, which is slated to begin in 2013, is a 2.3 
percent excise tax on the manufacture or import of certain 
``medical devices'' (as defined by section 201(h) of the 
Federal Food, Drug, and Cosmetic Act). Additionally, as passed 
by the House, H.R. 436 would repeal the restrictions, which 
began in 2011, on the purchase of over-the-counter medications 
through flexible spending arrangements (FSAs), health 
reimbursement arrangements (HRAs), health savings accounts 
(HSAs), and Archer medical savings accounts (Archer MSAs) 
imposed by PPACA. H.R. 436, as passed by the House, would also, 
effective for plan years beginning after 2012, allow employees 
with health FSAs funded through salary reductions to ``cash 
out'' any remaining balance at the end of the year, up to $500, 
and have it treated it as taxable compensation. Finally, H.R. 
436, as passed by the House, would require overpayments of 
certain Federally-subsidized insurance premium tax credits to 
be entirely repaid. PPACA and HCERA provided for refundable tax 
credits for certain Federally-subsidized health insurance 
policies and capped the amount of credit overpayments that can 
be recouped. The legislation would repeal section 36B(f)(2)(B) 
of the Internal Revenue Code of 1986, as added by PPACA and 
subsequently amended by Pub. L. No. 111-309 and Pub. L. No. 
112-9, thereby requiring full repayment of such overpayments.

g. Scholarships for Opportunity and Results Act (H.R. 471)

    On January 26, 2011, Speaker of the House John Boehner, 
along with five cosponsors--Representative Darrell Issa, 
Representative John Kline, Representative Daniel Lipinski, 
Representative Duncan Hunter, and Representative Trey Gowdy--
introduced H.R. 471, legislation to authorize educational 
scholarships for certain students residing in Washington, D.C. 
On March 30, 2011, the House passed H.R. 471, as amended, under 
a rule by a vote of 225-195. A version of this proposal was 
subsequently enacted into law as part of H.R. 1473, the 
``Department of Defense and Full-Year Continuing Appropriations 
Act, 2011'' (see section 1d). As of January 2, 2013, the Senate 
had not yet taken up the legislation.
    The tax-related provisions of H.R. 471--which were 
subsequently enacted into law as part of H.R. 1473--provide a 
rule of construction stating that the education scholarships 
provided to parents of eligible students under the bill are not 
to be treated as income under Federal tax law.

h. Comprehensive 1099 Taxpayer Protection and Repayment of Exchange 
        Subsidy Overpayments Act of 2011 (H.R. 705)

    On February 15, 2011, Chairman Camp introduced H.R. 705, 
the ``Comprehensive 1099 Taxpayer Protection and Repayment of 
Exchange Subsidy Overpayments Act of 2011.'' On February 17, 
2011, the Committee held a mark-up on the bill and ordered it 
favorably reported, as amended, by a vote of 21-15, and the 
report (H. Rept. 112-16) was filed on February 22, 2011. At the 
request of Chairman Camp in a letter submitted to the Rules 
Committee on February 28, 2011, the text of H.R. 705, as 
reported by the Ways and Means Committee, subsequently replaced 
the text of H.R. 4, the ``Small Business Paperwork Mandate 
Elimination Act of 2011.'' On April 14, 2011, H.R. 4--as 
amended to incorporate the text of H.R. 705--was signed into 
law by the President. For further information on H.R. 4, see 
section 1c.
    As reported by the Ways and Means Committee--and 
subsequently enacted into law as H.R. 4--H.R. 705 amends the 
Internal Revenue Code to provide for: (1) the repeal of the 
expanded information reporting requirements enacted in section 
9006 of PPACA (P. L. 111-148) for payments of $600 or more to 
corporations or with respect to gross proceeds for property, 
(2) the repeal of the information reporting requirements with 
respect to real estate expenses enacted in section 2101 of the 
Small Business Jobs Act of 2010 (P. L. 111-240), and (3) an 
increase in the amount of the required repayment of 
overpayments of premium assistance credits for health insurance 
purchased through an exchange.

i. Medical FSA Improvement Act of 2011 (H.R. 1004)

    On March 10, 2011, Representative Charles Boustany--along 
with five cosponsors--introduced H.R. 1004, the ``Medical FSA 
Improvement Act of 2011.'' On May 31, 2012, the Committee held 
a mark-up on the bill and ordered it favorably reported, as 
amended, by a vote of 23-6, and the report (H. Rept. 112-515) 
was filed on June 5, 2012. On June 1, 2012, a Rules Committee 
Print of H.R. 436 (Rules Committee Print 112-23) was posted, 
which also incorporated the text of three additional pieces of 
legislation previously marked-up by the Ways and Means 
Committee, including H.R. 1004. For further information on H.R. 
436, which subsequently passed the House, see section 2f.
    As reported by the Committee--and as subsequently 
incorporated into H.R. 436 as passed by the House--H.R. 1004 
would, effective for plan years beginning after 2012, allow 
employees with health flexible spending arrangements (FSAs) 
funded through salary reductions to ``cash out'' any remaining 
balance at the end of the year, up to $500, and have it treated 
it as taxable compensation.

j. Airport and Airway Trust Fund Financing Reauthorization Act of 2011 
        (H.R. 1034)

    On March 11, 2011, Chairman Camp introduced H.R. 1034, the 
``Airport and Airway Trust Fund Financing Reauthorization Act 
of 2011.'' On March 16, 2011, the Committee held a mark-up on 
the bill and ordered it favorably reported by voice vote, and 
the report (H. Rept. 112-44, Part I) was filed on March 29, 
2011. As noted in a March 29, 2011 letter from Chairman Camp to 
Rules Committee Chairman David Dreier, the text of H.R. 1034, 
as reported by the Ways and Means Committee, was, at Chairman 
Camp's request, incorporated into the March 22, 2011 Rules 
Committee Print of H.R. 658 prior to that bill's consideration 
by the Rules Committee. For further information on H.R. 658, 
the FAA reauthorization bill that was ultimately enacted into 
law (as amended) on February 14, 2012, see section 1p. For 
further information on other related bills that were also 
passed by the House and signed into law by the President 
following Committee action on H.R. 1034, see sections 1b, 1e, 
1f, 1g, 1i, and 1o, regarding H.R. 1079, H.R. 1893, H.R. 2279, 
H.R. 2553, H.R. 2887, and H.R. 3800, respectively.
    As reported by the Ways and Means Committee, H.R. 1034 
would reauthorize through September 30, 2014 the Internal 
Revenue Code's expenditure authority for the Airport and Airway 
Trust Fund and the excise taxes that support the Airport and 
Airway Trust Fund.

k. Fiscal Responsibility and Retirement Security Act of 2011 (H.R. 
        1173)

    On March 17, 2011, Representative Charles Boustany--along 
with eight cosponsors--introduced H.R. 1173, the ``Fiscal 
Responsibility and Retirement Security Act of 2011.'' The House 
Committee on Energy and Commerce favorably reported the bill, 
as amended, on December 23, 2011 (H. Rept. 112-342, Part 1). On 
January 18, 2012, the Ways and Means Committee marked up the 
bill and ordered it favorably reported by a vote of 23-13, and 
the report (H. Rept. 112-342, Part 2) was filed on January 23, 
2012. On February 1, 2012, the House passed the bill, as 
amended, under a rule, by a vote of 267-159. As of January 2, 
2013, the Senate had not taken up the legislation.
    The bill would repeal the Community Living Assistance 
Services and Supports (CLASS) program, a new long-term care 
insurance entitlement enacted as part of the ``Patient 
Protection and Affordable Care Act of 2010'' (P.L. 111-148). 
While most of the CLASS program is within the jurisdiction of 
the House Energy and Commerce Committee, the statute also 
specifies that, for Federal tax purposes, the CLASS program is 
to be treated as a qualified long-term health insurance 
contract, which implicates the Ways and Means Committee's 
jurisdiction. As part of its repeal of the entire CLASS 
program, H.R. 1173 would repeal the provisions of the CLASS Act 
related to the tax treatment of the program.

l. Amending the Internal Revenue Code of 1986 to eliminate certain tax 
        benefits relating to abortion (H.R. 1232)

    On March 29, 2011, Chairman Camp introduced H.R. 1232, a 
bill to amend the Internal Revenue Code to eliminate certain 
tax benefits relating to abortion. This legislation was 
developed to address potential ambiguities with respect to the 
application of certain tax provisions contained in a related 
bill, the ``No Taxpayer Funding for Abortion Act'' (H.R. 3), 
which was the subject of a March 16, 2011 hearing of the 
Subcommittee on Select Revenue Measures. On March 31, 2011, the 
Ways and Means Committee marked up H.R. 1232 and ordered it 
favorably reported, with an amendment, by a vote of 22-14, and 
the report (H. Rept. 112-55) was filed on April 6, 2011. Under 
the rule governing consideration of H.R. 3 on the House Floor, 
an amendment in the nature of a substitute offered by Judiciary 
Committee Chairman Smith and Chairman Camp--which substituted 
the text of H.R. 1232 for the tax provisions of H.R. 3 as 
reported by the Judiciary Committee--was adopted. On May 4, 
2011, the House passed H.R. 3, as amended to incorporate the 
text of H.R. 1232 as reported by the Ways and Means Committee, 
under that rule by a vote of 251-175. For further information 
on H.R. 3, see section 2b, and for further information on 
another related bill (H.R. 358), see section 2b.
    As reported by the Ways and Means Committee--and 
subsequently included in H.R. 3 as a replacement for that 
bill's tax provisions--H.R. 1232 would: (1) disallow the 
refundable premium tax credit for coverage under qualified 
health plans that provide coverage for abortion; (2) disallow 
the small employer health insurance expense credit for plans 
that include coverage for abortion; (3) include in gross income 
any amounts used for abortion that are distributed from Archer 
Medical Savings Accounts, Health Savings Accounts, and Health 
Flexible Spending Arrangements (FSAs); and (4) disallow the 
deduction for medical expenses for abortion-related expenses. 
The bill's provisions would not apply to abortions in cases of 
rape, incest, or life-threatening physical condition of the 
mother, and they would not apply to the treatment of injury, 
infection, or other health problems resulting from an abortion.

m. Amending the Internal Revenue Code of 1986 to modify the calculation 
        of modified adjusted gross income for purposes of determining 
        eligibility for certain healthcare-related programs (H.R. 2576)

    On July 18, 2011, Representative Diane Black and three 
cosponsors--Representative John Duncan, Jr., Representative 
Peter Roskam, and Representative Kurt Schrader--introduced H.R. 
2576, ``To amend the Internal Revenue Code of 1986 to modify 
the calculation of modified adjusted gross income for purposes 
of determining eligibility for certain healthcare-related 
programs.'' On October 13, 2011, the Committee marked up the 
bill and ordered it favorably reported by a vote of 23-12, and 
the report (H. Rept. 112-254) was filed on October 18, 2012. On 
October 27, 2011, the House passed the bill under a rule by a 
vote of 262-157. Pursuant to H. Res. 448, in the engrossment of 
H.R. 674, the text of H.R. 2576 was added to the end of H.R. 
674. For further information on H.R. 674, see section 1n.
    The 2010 health care law uses a uniform definition of 
modified adjusted gross income (``MAGI'') to determine 
eligibility for Exchange subsidies, Medicaid, and the 
Children's Health Insurance Program (CHIP). That law's use of 
MAGI as the basis of eligibility determinations understates the 
resources available to some households. The MAGI definition is 
based on adjusted gross income, a tax law term that excludes, 
for income tax purposes, a portion of Social Security benefits. 
As a result, the current health law does not take into account 
the entire Social Security benefit when determining eligibility 
for certain types of government-subsidized health insurance. 
H.R. 2576 would count the entire Social Security benefit, 
rather than just the portion that is taxable for income tax 
purposes, as income for determining eligibility for Exchange 
subsidies, Medicaid, and CHIP. H.R. 2576 would bring the income 
requirements for these health programs into closer alignment 
with the measurement of income for other federal social welfare 
programs, like public housing assistance. H.R. 2576 would not 
affect the tax treatment of Social Security benefits.

n. To reduce Federal spending and the deficit by terminating taxpayer 
        financing of presidential election campaigns and party 
        conventions and by terminating the Election Assistance 
        Commission (H.R. 3463)

    On November 17, 2011, Representative Gregg Harper, along 
with Representative Tom Cole, introduced H.R. 3463, legislation 
to terminate taxpayer financing of Presidential election 
campaigns and party conventions and to terminate the Election 
Assistance Commission. On December 1, 2011, the House passed 
H.R. 3463, under a rule, by a vote of 235-190. As of January 2, 
2013, the Senate had not yet taken up the legislation. For 
further information on a related bill (H.R. 359), see section 
2e.
    As passed by the House, H.R. 3463 would amend the Internal 
Revenue Code to terminate: (1) the taxpayer election to 
designate $3 of income tax liability for financing of 
Presidential election campaigns; (2) the Presidential Election 
Campaign Fund; and (3) the Presidential Primary Matching 
Payment Account. The bill would also require the Secretary of 
the Treasury to transfer all amounts in the Presidential 
Election Campaign Fund after its termination to the general 
fund of the Treasury. H.R. 3463 also contains non-tax-related 
provisions related to termination of the Election Assistance 
Commission.

o. American Energy and Infrastructure Jobs Financing Act of 2012 (H.R. 
        3864)

    On February 1, 2012, Chairman Camp introduced H.R. 3864, 
the ``American Energy and Infrastructure Jobs Financing Act of 
2012.'' On February 3, 2012, the Committee held a mark-up on 
the bill and ordered the bill favorably reported, as amended, 
by a vote of 20-17, and the report (H. Rept. 112-396, Part 1) 
was filed on February 9, 2012. As noted in a February 7, 2012 
letter from Chairman Camp to Rules Committee Chairman David 
Dreier, the text of H.R. 3864, as ordered reported by the Ways 
and Means Committee (with certain further modifications), was, 
at Chairman Camp's request, incorporated into the February 8, 
2012 Rules Committee Print of H.R. 7 prior to that bill's 
consideration by the Rules Committee. For further information 
on H.R. 4348, the highway reauthorization bill that was 
ultimately enacted into law on July 6, 2012, see section 1s. 
For further information on other related bills that were also 
passed by the House and signed into law by the President 
following Committee action on H.R. 3864, see sections 1q and 1r 
regarding H.R. 4281 and H.R. 6064, respectively.
    As reported by the Committee, H.R. 3864 would reauthorize 
through September 30, 2016 expenditure authority for the 
Highway Trust Fund (HTF) and extend through September 30, 2018 
the current Federal excise taxes that fund the HTF. H.R. 3864 
would also restructure the funding sources for the Highway 
Account and Mass Transit Account, which comprise the HTF, and 
deposit certain non-tax revenues into the HTF without 
increasing the deficit.

p. Andrew P. Carpenter Tax Act (H.R. 5044)

    On April 27, 2012, Rep. Scott DesJarlais--along with 12 
cosponsors--introduced H.R. 5044, the ``Andrew P. Carpenter Tax 
Act.'' On September 19, 2012, the House passed H.R. 5044, as 
amended, under suspension of the rules, by a vote of 400-0. As 
of January 2, 2013, the Senate had not taken up the 
legislation.
    As passed by the House, H.R. 5044 would generally provide 
co-signers of student loans of veterans who are deceased as a 
result of a service-connected disability an income tax 
exclusion for any amounts forgiven. The provision would apply 
retroactively to student loans discharged on or after October 
7, 2001 (the date on which first military action in Afghanistan 
was announced). H.R. 5044, as passed by the House, would also 
subject TSP accounts of Federal employees with delinquent 
Federal tax liability to IRS levy.

q. Sequester Replacement Reconciliation Act of 2012 (H.R. 5652) / Ways 
        and Means Committee Budget Reconciliation Legislative 
        Recommendations

    On March 29, 2012, the House of Representatives approved H. 
Con. Res. 112, the budget resolution for fiscal year 2013. 
Pursuant to section 201(b)(6) of the budget resolution, the 
Committee on Ways and Means was directed to submit to the 
Committee on the Budget recommendations for changes in law 
within the jurisdiction of the Committee on Ways and Means 
sufficient to reduce the deficit by $1,200,000,000 for the 
period of fiscal years 2012 and 2013; by $23,000,000,000 for 
the period of fiscal years 2012 through 2017; and by 
$53,000,000,000 for the period of fiscal years 2012 through 
2022. On April 18, 2012, in fulfillment of its instructions 
under the budget resolution, the Committee on Ways and Means 
marked up three budget reconciliation legislative 
recommendations and ordered those recommendations favorably 
transmitted to the Committee on the Budget. Two of these 
recommendations were tax provisions and are described below; 
for a description of the other recommendation, see Part I-D. On 
May 9, 2012, the House Budget Committee reported an original 
measure, the ``Sequester Replacement Reconciliation Act of 
2012'' (H.R. 5652; H. Rept. 112-470), which contained the three 
budget reconciliation legislative recommendations that had been 
favorably transmitted by the Committee on Ways and Means. On 
May 10, 2012, the House passed H.R. 5652 by a vote of 218-199, 
with one Member voting ``Present.'' As of January 2, 2013, the 
Senate had not taken up the legislation.
            1. Recapture of Overpayments Resulting From Certain 
                    Federally-Subsidized Health Insurance
    On April 18, 2012, in partial fulfillment of its 
instructions under the budget resolution, the Committee on Ways 
and Means marked up and ordered favorably transmitted to the 
Committee on the Budget a recommendation relating to the 
recapture of overpayments resulting from certain Federally-
subsidized health insurance. This recommendation was ordered 
favorably transmitted without amendment by a voice vote. It was 
subsequently included as subtitle A of title VI of H.R. 5652, 
as passed by the House on May 10, 2012. Separately, this 
language was also subsequently included in the Rules Committee 
Print of H.R. 436 (Rules Committee Print 112-23), which was 
posted on June 1, 2012. For further information on H.R. 436, 
which subsequently passed the House, see section 2f.
    The legislative recommendation favorably transmitted by the 
Committee--and subsequently included in both H.R. 5652 and H.R. 
436 as passed by the House--would require overpayments of 
certain Federally-subsidized insurance premium tax credits to 
be entirely repaid. The Patient Protection and Affordable Care 
Act of 2010 (``PPACA,'' Pub. L. No. 111-148) and the Health 
Care and Education Reconciliation Act (``HCERA,'' Pub. L. No. 
111-152) provided for refundable tax credits for certain 
Federally-subsidized health insurance policies and capped the 
amount of credit overpayments that can be recouped. The 
Committee's recommendation would repeal section 36B(f)(2)(B) of 
the Internal Revenue Code of 1986, as added by PPACA and 
subsequently amended by Pub. L. No. 111-309 and Pub. L. No. 
112-9, thereby requiring full repayment of such overpayments.
            2. Social Security Number Required To Claim Refundable 
                    Child Tax Credit
    On April 18, 2012, in partial fulfillment of its 
instructions under the budget resolution, the Committee on Ways 
and Means marked up and ordered favorably transmitted to the 
Committee on the Budget a recommendation relating to Social 
Security Number requirements for the refundable portion of the 
child tax credit. This recommendation was ordered favorably 
transmitted without an amendment by a vote of 22-12. It was 
subsequently included as subtitle B of title VI of H.R. 5652, 
as passed by the House on May 10, 2012. A related provision was 
also previously included in House-passed H.R. 3630, but it was 
not included in the conference report of that legislation (see 
Part I-G.1.b.).
    The legislative recommendation favorably transmitted by the 
Committee and subsequently included in H.R. 5652--based on 
legislation (H.R. 1956) introduced by Representative Sam 
Johnson--would require individuals (or at least one spouse in 
the case of a joint return) to include their Social Security 
Number (SSN) on their tax return in order to claim the 
refundable portion of the child tax credit (sometimes referred 
to as the additional child tax credit (ACTC)). The 
recommendation would also provide the IRS ``math error 
authority'' if a taxpayer fails to meet this requirement, 
permitting the IRS to refuse to pay out the ACTC for returns 
without an SSN, instead of making the payment and later seeking 
to recoup it.

r. Restoring Access to Medication Act (H.R. 5842)

    On May 18, 2012, Representative Lynn Jenkins--along with 
Representative Erik Paulsen and Representative David G. 
Reichert--introduced H.R. 5842, the ``Restoring Access to 
Medication Act.'' On May 31, 2012, the Committee held a mark-up 
on the bill and ordered it favorably reported, as amended, by a 
vote of 24-9, and the report (H. Rept. 112-516) was filed on 
June 5, 2012. On June 1, 2012, a Rules Committee Print of H.R. 
436 (Rules Committee Print 112-23) was posted, which also 
incorporated the text of three additional pieces of legislation 
previously marked-up by the Ways and Means Committee, including 
H.R. 5842. For further information on H.R. 436, which 
subsequently passed the House, see section 2f.
    As reported by the Committee--and as subsequently 
incorporated into H.R. 436 as passed by the House--H.R. 5842 
would repeal the restrictions, which began in 2011, on the 
purchase of over-the-counter medications through flexible 
spending arrangements (FSAs), health reimbursement arrangements 
(HRAs), health savings accounts (HSAs), and Archer medical 
savings accounts (Archer MSAs) imposed by the Patient 
Protection and Affordable Care Act (``PPACA'') (P.L. 111-148).

s. To amend the Internal Revenue Code of 1986 to improve health savings 
        accounts, and for other purposes (H.R. 5858)

    On May 29, 2012, Representative Wally Herger--along with 
Representative Diane Black--introduced H.R. 5858, a bill to 
amend the Internal Revenue code of 1986 to improve health 
savings accounts (HSAs), and for other purposes. On May 31, 
2012, the Committee marked up the bill and ordered it favorably 
reported, as amended, by a vote of 21-7, and the report (H. 
Rept. 112-517) was filed on June 5, 2012. As of January 2, 
2013, the House had not taken up the legislation.
    As ordered reported by the Committee, H.R. 5858 would (1) 
expand the ``saver's credit'' to cover contributions to HSAs, 
including both direct contributions by taxpayers and salary 
reductions through employer-sponsored cafeteria plans; (2) 
treat HSAs opened within 60 days after the establishment of the 
high-deductible health plan (HDHP) as having been opened on the 
same day as the HDHP; (3) eliminate the marriage penalty in HSA 
catch-up contributions; (4) allow veterans who have service-
connected disabilities to continue to make HSA contributions 
even if they have received VA care during the preceding three 
months; and (5) permit tax-free distributions from HSAs to be 
used for early-retiree health coverage (including surviving 
spouses) provided by a former employer, but only if the 
beneficiary is aged 55-64.

t. Repeal of Obamacare Act (H.R. 6079)

    On July 9, 2012, Majority Leader Eric Cantor, along with 
Chairman Camp and 16 other cosponsors, introduced H.R. 6079, 
the ``Repeal of Obamacare Act.'' On July 11, 2012, the House 
passed the bill under a rule by a vote of 244-185. As of 
January 2, 2013, the Senate had not yet taken up the 
legislation. For information on a related bill (H.R. 2) 
previously passed by the House, see section 2a.
    As passed by the House, H.R. 6079 would generally repeal 
the ``Patient Protection and Affordable Care Act of 2010'' (P. 
L. 111-148) and the health care provisions of the ``Health Care 
and Education Reconciliation Act of 2010'' (P.L. 111-152), 
including the tax provisions contained in those two laws.

u. Buffett Rule Act of 2012 (H.R. 6410)

    On September 14, 2012, Rep. Steve Scalise--along with 15 
cosponsors--introduced H.R. 6410--the ``Buffett Rule Act of 
2012.'' On September 19, 2012, the House passed H.R. 6410 under 
suspension of the rules by a voice vote. As of January 2, 2013, 
the Senate had not taken up the legislation.
    As passed by the House, H.R. 6410 would direct the Internal 
Revenue Service to add to appropriate tax forms a box with the 
caption: ``By checking here, I signify that in addition to my 
tax liability (if any), I would like to donate the included 
payment to be used exclusively for the purpose of paying down 
the national debt.'' Under current law, while individuals may 
make a gift to the U.S. government to be used to reduce the 
debt held by the public, there is no dedicated line on current 
tax forms to facilitate a gift to the United States for this 
purpose.

v. Spending Reduction Act of 2012 (H.R. 6684)

    On December 19, 2012, Majority Leader Eric Cantor 
introduced H.R. 6684, the ``Spending Reduction Act of 2012.'' 
On December 20, 2012, the House passed H.R. 6684 under a rule 
by a vote of 215-209, with one Member voting present. As of 
January 2, 2013, the Senate had not taken up the legislation.
    As passed by the House, H.R. 6684 closely resembled--and 
with respect to its two tax provisions, was identical to--the 
text of the ``Sequester Replacement Reconciliation Act of 
2012'' (H.R. 5652), which previously passed the House on May 
10, 2012 (see section 2q). (Like H.R. 5652, H.R. 6684 also 
contained a provision implicating the Ways and Means 
Committee's jurisdiction over Human Resources-related issues; 
for further information on that other provision, see Part I-D).
    The first tax provision in H.R. 6684 would require 
overpayments of certain Federally-subsidized insurance premium 
tax credits to be entirely repaid. The Patient Protection and 
Affordable Care Act of 2010 (``PPACA,'' Pub. L. No. 111-148) 
and the Health Care and Education Reconciliation Act 
(``HCERA,'' Pub. L. No. 111-152) provided for refundable tax 
credits for certain Federally-subsidized health insurance 
policies and capped the amount of credit overpayments that can 
be recouped. The Committee's recommendation would repeal 
section 36B(f)(2)(B) of the Internal Revenue Code of 1986, as 
added by PPACA and subsequently amended by Pub. L. No. 111-309 
and Pub. L. No. 112-9, thereby requiring full repayment of such 
overpayments. This language was also previously included in 
H.R. 436, which passed the House on June 7, 2012 (see section 
2f).
    The second tax provision--based on legislation (H.R. 1956) 
introduced by Representative Sam Johnson--would require 
individuals (or at least one spouse in the case of a joint 
return) to include their Social Security Number (SSN) on their 
tax return in order to claim the refundable portion of the 
child tax credit (sometimes referred to as the additional child 
tax credit (ACTC)). It would also provide the IRS ``math error 
authority'' if a taxpayer fails to meet this requirement, 
permitting the IRS to refuse to pay out the ACTC for returns 
without an SSN, instead of making the payment and later seeking 
to recoup it. A related provision was also previously included 
in House-passed H.R. 3630, but it was not included in the 
conference report of that legislation (see Part I-G.1.b.).

                          3. OTHER TAX MATTERS

a. Tax Reform Hearings (Full Committee)

    On January 20, 2011, the Committee received testimony on 
the economic and administrative burdens imposed by the current 
structure of the Federal income tax from (i) Nina E. Olson, 
National Taxpayer Advocate, Internal Revenue Service; (ii) 
Robert A. McDonald, Chairman of the Board, President, and Chief 
Executive Officer, The Procter & Gamble Company, and Chairman, 
Fiscal Policy Initiative of the Business Roundtable; (iii) 
Warren S. Hudak, President, Hudak & Company, LLC; (iv) Kevin A. 
Hassett, Ph.D., Senior Fellow & Director of Economic Policy 
Studies, American Enterprise Institute; and (v) Martin A. 
Sullivan, Ph.D., Contributing Editor, Tax Analysts.
    On April 13, 2011, the Committee received testimony on how 
the Internal Revenue Code's burdens on individuals and families 
demonstrate the need for comprehensive tax reform from (i) Alan 
Viard, Resident Scholar, American Enterprise Institute; (ii) 
Annette Nellen, CPA, Director, Masters of Science in Taxation 
Program, San Jose State University; (iii) Mark E. Johannessen, 
CFP, Managing Director, Harris SBSB; and (iv) Neil H. Buchanan, 
Associate Professor of Law, The George Washington University.
    On May 12, 2011, the Committee received testimony on the 
need for comprehensive tax reform to help American companies 
compete in the global market and create jobs for American 
workers from (i) Greg Hayes, Senior Vice President and Chief 
Financial Officer, United Technologies Corporation; (ii) Edward 
J. Rapp, Group President and Chief Financial Officer, 
Caterpillar Inc.; (iii) James T. Crines, Executive Vice 
President, Finance, and Chief Financial Officer, Zimmer 
Holdings, Inc.; (iv) Mark A. Buthman, Senior Vice President and 
Chief Financial Officer, Kimberly-Clark Corporation; (v) James 
R. Hines, Jr., L. Hart Wright Collegiate Professor of Law, 
University of Michigan Law School; (vi) Dirk J.J. Suringa, 
Partner, Covington & Burling LLP; and (vii) Jane Gravelle, 
Senior Specialist in Economic Policy, Congressional Research 
Service.
    On May 24, 2011, the Committee received testimony on how 
other countries have used tax reform to help their companies 
compete in the global market and create jobs from (i) Gary M. 
Thomas, Partner, White & Case; (ii) Frank Schoon, Partner, 
Dutch Desk, International Tax Services, Ernst & Young; (iii) 
Steve Edge, Partner, Slaughter and May; (iv) Jorg Menger, 
Partner, German Desk, International Tax Services, Ernst & 
Young; and (v) Reuven S. Avi-Yonah, Irwin I. Cohn Professor of 
Law, University of Michigan Law School.
    On June 2, 2011, the Committee received testimony on the 
potential benefits to companies and workers of lowering 
marginal tax rates on business income, and the trade-offs that 
such companies might be willing to make given current fiscal 
constraints. The hearing also examined major elements of 
business and corporate taxation in anticipation of future 
efforts to evaluate policy options that might encourage job 
creation in the United States. Testimony was received from (i) 
Ashby T. Corum, Partner, KPMG LLP; (ii) Walter J. Galvin, Vice 
Chairman of the Board, Emerson Electric Co.; (iii) Judy L. 
Brown, Executive Vice President & Chief Financial Officer, 
Perrigo Company; (iv) James H. Zrust, Vice President, Tax, The 
Boeing Company; (v) James Misplon, Vice President, Tax, Sears 
Holdings Management Corporation, testifying on behalf of the 
National Retail Federation; and (vi) Mark Stutman, National 
Managing Partner of Tax Services, Grant Thornton.
    On July 13, 2011, the Committee, jointly with the Senate 
Committee on Finance, received testimony on the taxation of 
debt and equity and the broader economic implications of this 
treatment. At the hearing, Joint Committee on Taxation (JCT) 
staff formally presented two reports on the taxation of debt 
financing relative to equity financing. These JCT staff reports 
were requested by Ways and Means Committee Chairman Camp and 
Senate Finance Committee Chairman Baucus at the organizational 
meeting of the Joint Committee on Taxation on March 15, 2011. 
Testimony was received from (i) Thomas A. Barthold, Chief of 
Staff, Joint Committee on Taxation; (ii) Mihir A. Desai, Mizuho 
Financial Group Professor of Finance, Harvard Business School; 
(iii) Pamela F. Olson, Partner, Skadden, Arps, Slate, Meagher & 
Flom; (iv) Victor Fleischer, Associate Professor of Law, 
University of Colorado Law School; and (v) Simon Johnson, 
Ronald A. Kurtz Professor of Entrepreneurship, Massachusetts 
Institute of Technology Sloan School of Management.
    On July 26, 2011, the Committee received testimony 
regarding two different consumption tax models. One panel 
discussed the policy arguments for and against adopting the 
FairTax as a replacement for existing federal taxes, and 
another panel examined the advantages and disadvantages of a 
value added tax (VAT), whether as a supplement to or full 
replacement for existing taxes. The hearing explored the 
economic impact of consumption tax systems, as well as issues 
surrounding administration and compliance. Testimony was 
received from (i) the Honorable Mike Huckabee, former Governor 
of Arkansas; (ii) Laurence J. Kotlikoff, Professor of 
Economics, Boston University, Boston, Massachusetts; 
accompanied by David Tuerck, Executive Director, The Beacon 
Hill Institute, Professor and Chairman, Department of 
Economics, Suffolk University; (iii) Bruce Bartlett, Columnist, 
Tax Notes, The Fiscal Times, Contributor, The New York Times; 
(iv) Michael J. Graetz, Columbia Alumni Professor of Tax Law, 
Columbia University; (v) Rosanne Altshuler, Professor and 
Chair, Economics Department, Rutgers University; (vi) Robert J. 
Carroll, Principal, Ernst & Young LLP; (vii) Jim White, 
Director, Tax Issues, Government Accountability Office; (viii) 
Daniel J. Mitchell, Senior Fellow, Cato Institute; and (ix) 
Simon Johnson, Ronald A. Kurtz Professor of Entrepreneurship, 
Sloan School of Management, Massachusetts Institute of 
Technology.
    On September 21, 2011, the Committee reviewed JCT's revenue 
estimating methodologies and its ability to analyze the impact 
on economic growth and job creation of comprehensive tax reform 
proposals. The Committee received testimony from (i) Thomas 
Barthold, Chief of Staff, Joint Committee on Taxation; (ii) 
Douglas Holtz-Eakin President, American Action Forum; (iii) 
John Buckley, Visiting Professor, Georgetown University Law 
Center; and (iv) William Beach, Director, Center for Data 
Analysis, the Heritage Foundation.
    On December 6, 2011, the Committee, jointly with the Senate 
Committee on Finance, received testimony on the complex 
relationship between the Internal Revenue Code and financial 
products, focusing on the potentially inconsistent tax 
treatment of similar financial products and how the Internal 
Revenue Code has responded to an evolving financial products 
market. At the hearing, staff of the Joint Committee on 
Taxation (JCT) formally presented a report on the tax treatment 
of financial products. This JCT staff report was requested by 
Chairman Camp and Senate Finance Committee Chairman Baucus at 
the organizational meeting of the Joint Committee on Taxation 
on March 15, 2011. Testimony was received from (i) Thomas A. 
Barthold, Chief of Staff, Joint Committee on Taxation; (ii) 
Alex Raskolnikov, Charles Evans Gerber Professor of Law and Co-
chair of the Charles E. Gerber Transactional Studies Program, 
Columbia Law School; (iii) Andrea S. Kramer, Partner, McDermott 
Will & Emery LLP; and (iv) David S. Miller, Partner, 
Cadwalader, Wickersham & Taft LLP.
    On February 8, 2012, the full Committee held a hearing on 
the interaction of tax and financial accounting on tax reform, 
focusing on whether tax legislation works as intended when 
Congress fails to account for the effects of financial 
accounting on corporate behavior. The Committee received 
testimony from (i) Michael D. Fryt, Corporate Vice President, 
Tax, FedEx Corporation; (ii) Mark A. Schichtel, Senior Vice 
President & Chief Tax Officer, Time Warner Cable; (iii) 
Michelle Hanlon, Associate Professor of Accounting, MIT Sloan 
School of Management; (iv) Tom S. Neubig, National Director, 
Quantitative Economics and Statistics, Ernst & Young LLP; and 
(v) Timothy S. Heenan, Vice President, Treasury & Tax, Praxair, 
Inc.
    On March 7, 2012, the Committee held a hearing on the tax 
treatment of closely-held businesses in the context of tax 
reform. The Committee received testimony from (i) Mark Smetana, 
Chief Financial Officer, Eby-Brown Company; (ii) Dewey W. 
Martin, CPA, testifying on the behalf of the National 
Federation of Independent Businesses; (iii) Stefan F. Tucker, 
Partner, Venable, LLP; (iv) Jeffrey L. Kwall, Kathleen and 
Bernard Beazley Professor of Law, Loyola University School of 
Law; (v) Tom Nichols, Meissner Tierney Fisher & Nichols S.C.; 
and (vi) Martin A. Sullivan, Contributing Editor, Tax Analysts.
    On April 17, 2012, the Committee held a hearing on tax 
reform and tax-favored retirement accounts. The hearing 
examined whether, as part of comprehensive tax reform, various 
reform options could achieve the three goals of simplification, 
efficiency, and increasing retirement and financial security 
for American families. The Committee received testimony from 
(i) Jack VanDerhei, Research Director, Employee Benefit 
Research Institute; (ii) Judy A. Miller, Chief of Actuarial 
Issues and Director of Retirement Policy, American Society of 
Pension Professionals and Actuaries; (iii) William Sweetnam, 
Principal, Groom Law Group; (iv) David John, Senior Research 
Fellow in Retirement Security and Financial Institutions, The 
Heritage Foundation; and (v) Randy H. Hardock, Partner, Davis & 
Harman LLP, testifying on behalf of the American Benefits 
Council.
    On July 10, 2012, the Committee held a hearing on the tax 
ramifications of the Supreme Court's ruling on the Democrats' 
health care law. The hearing focused on the implications of the 
Supreme Court's ruling that the individual mandate is 
constitutional on the grounds that it is a tax and that 
Congress has the broad power to levy taxes far beyond the 
historic scope of raising revenue. The Committee received 
testimony from (i) Steven G. Bradbury, Partner, Dechert LLP; 
(ii) Carrie Severino, Chief Counsel, Policy Director, Judicial 
Crisis Network; (iii) Lee A. Casey, Partner, Baker Hostetler; 
and (iv) Walter Dellinger, Partner, O'Melveny & Myers LLP.
    On July 19, 2012, the Committee held a hearing on tax 
reform and the U.S. manufacturing sector. The hearing focused 
on how the current tax system affects U.S. manufacturers, 
including U.S.-based public and closely held companies as well 
as foreign-owned U.S. manufacturers, and how comprehensive tax 
reform might affect their ability to expand and create jobs. 
The Committee received testimony from (i) Diane Dossin, Chief 
Tax Officer, Ford Motor Company; (ii) Henry W. Gjersdal, Jr., 
Vice President of Tax and Real Estate, 3M; (iii) Susan L. Ford, 
Vice President of Tax, Corning Inc.; (iv) Ralph E. Hardt, 
President, Jagemann Stamping Company; (v) Kim Beck, President 
and CEO, Automatic Feed Company, on behalf of the Association 
for Manufacturing Technology; (vi) Hugh Spinks, Vice President 
of Tax, Air Liquide USA Inc.; and (vii) Heather Boushey, Ph.D., 
Senior Economist, Center for American Progress.
    On September 20, 2012, the Committee, jointly with the 
Senate Committee on Finance, received testimony on tax reform 
and the tax treatment of capital gains. The hearing explored 
capital gains taxation and its history, the impact of the 
capital gains tax rate on investor behavior, the treatment of 
capital gains as compared to ordinary income, the revenue-
maximizing rate on capital gains, the distribution of capital 
gains income across taxpayer income levels, and the types of 
assets eligible for capital gains treatment. Testimony was 
received from (i) David H. Brockway, Partner, Bingham McCutchen 
LLP; (ii) Lawrence B. Lindsey, President and CEO, The Lindsey 
Group; (iii) Leonard E. Burman, Daniel Patrick Moynihan 
Professor of Public Affairs at the Maxwell School, Syracuse 
University; (iv) David L. Verrill, Founder and Managing 
Director, Hub Angels Investment Group LLC; and (v) William D. 
Stanfill, General Partner, Montegra Capital Income Fund, and 
Founding Partner, TrailHead Ventures, L.P.

b. Hearings Held by the Subcommittee on Select Revenue Measures

    On March 3, 2011, the Subcommittee received testimony on 
the special burdens that the Internal Revenue Code imposes on 
small businesses and pass-through entities and the need for 
comprehensive tax reform to address these problems from (i) 
Robert Carroll, Principal, Qualitative Economics and 
Statistics, Ernst & Young LLP; (ii) Patricia A. Thompson, 
Chair, Tax Executive Committee, American Institute of Certified 
Public Accountants, Piccerelli, Gilstein & Co. LLP; (iii) 
Dennis Tarnay, Chief Financial Officer, Lake Erie Electric, 
Inc.; and (iv) Donald B. Marron, Director, Tax Policy Center, 
The Urban Institute.
    On March 16, 2011, the Subcommittee received testimony on 
tax policy issues raised by H.R. 3, as ordered reported by the 
House Judiciary Committee on March 3, 2011, and by H.R. 358, as 
ordered reported by the House Energy and Commerce Subcommittee 
on Health on February 11, 2011, from Thomas A. Barthold, Chief 
of Staff, Joint Committee on Taxation.
    On June 23, 2011, the Subcommittee received testimony on 
tax reform and foreign investment in the United States from (i) 
Nancy L. McLernon, President and Chief Executive Officer, 
Organization for International Investment; (ii) Alexander 
Spitzer, Senior Vice President--Taxes, Nestle Holdings, Inc.; 
(iii) Claude Draillard, Chief Financial Officer, Dassault 
Falcon Jet Corporation; (iv) Jeffrey DeBoer, President and 
Chief Executive Officer, The Real Estate Roundtable; (v) Gary 
Hufbauer, Reginald Jones Senior Fellow, Peterson Institute for 
International Economics; (vi) Robert Stricof, Partner, Deloitte 
Tax LLP; and (vii) Bret Wells, Assistant Professor of Law, 
University of Houston Law Center.
    On September 22, 2011, the Subcommittee, along with Ways 
and Means Subcommittee on Oversight, received testimony on the 
intersection of energy policy and tax policy, with a focus on 
the dual priorities of comprehensive tax reform and a 
sustainable energy policy that addresses our economic, 
security, and environmental needs from (i) The Honorable J. 
Russell George, Inspector General, Treasury Inspector General 
for Tax Administration; (ii) Richard E. Byrd, Jr., 
Commissioner, Wage and Investment Division, Internal Revenue 
Service; (iii) Donald B. Marron, Director, Tax Policy Center, 
The Urban Institute, (iv) Kevin Book, Managing Director, 
Research, Clearview Energy Partners, LLC; (v) Neil Z. Auerbach, 
Founder and Managing Partner, Hudson Clean Energy Partners, 
L.P.; (vi) Will Coleman, Partner, Mohr Davidow Ventures; (vii) 
Tim Greeff, Political Director, Clean Economy Network; (viii) 
Andrew J. Littlefair, President and Chief Executive Officer, 
Clean Energy Fuels; (ix) Lawrence B. Lindsey, President and 
Chief Executive Officer, The Lindsey Group; (x) The Honorable 
Calvin Dooley, President and Chief Executive Officer, American 
Chemistry Council; (xi) David W. Kreutzer, Research Fellow in 
Energy Economics and Climate Change, The Heritage Foundation; 
and (xii) Hank Ziomek, Director of Sales, Titeflex Corporation.
    On November 17, 2011, the Subcommittee held a hearing 
focusing on the Ways and Means international tax reform 
discussion draft released on October 26, 2011. The Subcommittee 
received testimony from (i) John L. Harrington, Partner, SNR 
Denton; (ii) Tim Tuerff, Partner, Deloitte Tax LLP; (iii) David 
G. Noren, Partner, McDermott, Will & Emery; (iv) Paul W. 
Oosterhuis, Partner, Skadden, Arps, Slate, Meagher & Flom LLP & 
Affiliates; and (v) Martin A. Sullivan, Contributing Editor, 
Tax Analysts.
    On February 1, 2012, the Subcommittee, along with the 
Subcommittee on Oversight, received testimony on harbor 
maintenance funding and maritime tax issues. The hearing 
examined the structure of the Harbor Maintenance Trust Fund and 
the Harbor Maintenance Tax, and considered whether U.S. anti-
deferral rules inhibit the expansion of the U.S. shipping 
industry. Testimony was received from (i) The Honorable Michael 
Strain, Commissioner, Louisiana Department of Agriculture & 
Forestry; (ii) Gary LaGrange, President and Chief Executive 
Officer, Port of New Orleans; (iii) Steven A. Fisher, Executive 
Director, American Great Lakes Ports Association; (iv) Morten 
Arntzen, President and Chief Executive Officer, Overseas 
Shipholding Group; (v) James C. McCurry, Jr., Director of 
Administration, Georgia Ports Authority; and (vi) Michael 
Leone, Port Director, Massachusetts Port Authority.
    On April 26, 2012, the Subcommittee held a hearing on 
certain expiring tax provisions. The hearing provided Members 
of Congress the opportunity to testify on behalf of specific 
tax proposals they have introduced or cosponsored in the 112th 
Congress related to the extension, modification, or termination 
of one or more tax extenders. Testimony was received from (i) 
Representative Charles F. Bass; (ii) Representative Brian 
Bilbray; (iii) Representative Diane Black; (iv) Representative 
Kevin Brady; (v) Representative Bruce L. Braley; (vi) 
Representative John Campbell; (vii) Representative Donna M. 
Christensen; (viii) Representative Jim Costa; (ix) 
Representative Geoff Davis; (x) Representative Theodore E. 
Deutch; (xi) Representative John Garamendi; (xii) 
Representative Michael G. Grimm; (xiii) Representative Wally 
Herger; (xiv) Representative Jaime Herrera Beutler; (xv) 
Representative Lynn Jenkins; (xvi) Representative Steve King; 
(xvii) Representative Tom Latham; (xviii) Representative Jim 
McDermott; (xix) Representative James P. McGovern; (xx) 
Representative Pedro R. Pierluisi; (xxi) Representative Mike 
Pompeo; (xxii) Representative Tom Reed; (xxiii) Representative 
David G. Reichert; (xxiv) Representative Aaron Schock; and 
(xxv) Representative Peter Welch.
    On June 8, 2012, the Subcommittee held a hearing on the 
framework for evaluating certain expiring tax provisions. The 
hearing explored ideas on the framework that Congress should 
use to evaluate tax extenders, the principles of good tax 
policy that Congress should apply during this evaluation, and 
the specific metrics against which Congress should test the 
merits of particular provisions. The Subcommittee received 
testimony from (i) Jim White, Director, Tax Issues, Government 
Accountability Office; (ii) Donald B. Marron, Director, Tax 
Policy Center, The Urban Institute; (iii) Alex Brill, Research 
Fellow, American Enterprise Institute; and (iv) Aaron 
Gornstein, Undersecretary for Housing and Community 
Development, Department of Housing and Community Development, 
Commonwealth of Massachusetts.
    On June 27, 2012, the Subcommittee on Select Revenue 
Measures and the Subcommittee on Human Resources held a joint 
hearing on how welfare and tax benefits can discourage work. 
The hearing focused on the interaction of various welfare and 
tax credit programs and how concurrent receipt of benefits from 
multiple programs can create perverse incentives that 
discourage work and higher earnings. The Subcommittees received 
testimony from (i) The Right Honorable Iain Duncan Smith, 
Secretary of State for Work and Pensions, United Kingdom; (ii) 
Representative Gwen Moore (D-WI); (iii) Clifford Thies, Ph.D., 
Professor of Economics and Finance, Shenandoah University; (iv) 
Eugene Steuerle, Ph.D., Senior Fellow, The Urban Institute; (v) 
Jared Bernstein, Ph.D., Senior Fellow, Center on Budget and 
Policy Priorities; and (vi) Ike Brannon, Ph.D., Director of 
Economic Policy and Congressional Relations, American Action 
Forum.

                 B. Legislative Review of Trade Issues


          1. BILLS ENACTED INTO LAW DURING THE 112TH CONGRESS

a. United States-Colombia Trade Promotion Agreement Implementation Act 
        (P.L. 112-42)

    On July 7, 2011, the Committee held an informal mark-up to 
consider a draft bill to implement the United States-Colombia 
Trade Promotion Agreement and accompanying Statement of 
Administrative Action (SAA) and favorably reported them by a 
vote of 22-14, after agreeing to an amendment in the nature of 
a substitute offered by Chairman Camp. On October 3, 2011, 
House Majority Leader Eric Cantor, introduced, for himself and 
Representative Sam Farr (both by request), H.R. 3078, the 
``United States-Colombia Trade Promotion Agreement 
Implementation Act,'' which included an extension of the Andean 
Trade Preference Act. On October 6, 2011, the Committee held a 
formal mark-up session to consider H.R. 3078 and the SAA. The 
Committee approved the bill and favorably reported H.R. 3078 
and the SAA, without amendment, by a recorded vote of 24-12 (H. 
Rept. 112-237). On October 12, 2011, the House passed the bill 
by a recorded vote of 262-167. Also on October 12, 2011, the 
Senate passed the bill by a recorded vote of 66-33. The 
President signed H.R. 3078 into law on October 21, 2011. On May 
15, 2012, the U.S.-Colombia Trade Promotion Agreement entered 
into force.

b. United States-Panama Trade Promotion Agreement Implementation Act 
        (P.L. 112-43)

    On July 7, 2011, the Committee met informally to consider a 
draft bill to implement the United States-Panama Trade 
Promotion Agreement and accompanying Statement of 
Administrative Action (SAA) and favorably reported them by a 
vote of 22-15, after agreeing to an amendment in the nature of 
a substitute offered by Chairman Camp. On October 3, 2011, 
House Majority Leader Eric Cantor introduced, for himself and 
Representative Jim McDermott (both by request), H.R. 3079, the 
``United States-Panama Trade Promotion Agreement Implementation 
Act.'' On October 6, 2011, the Committee held a formal mark-up 
session to consider H.R. 3079 and the SAA. The Committee 
approved the bill and favorably reported H.R. 3079 and the SAA, 
without amendment, by a recorded vote of 32-3 (H. Rept. 112-
238). On October 12, 2011, the House passed the bill by a 
recorded vote of 300-129. Also on October 12, 2011, the Senate 
passed the bill by a recorded vote of 77-22. The President 
signed H.R. 3079 into law on October 21, 2011. On October 31, 
2012, the U.S.-Panama Trade Promotion Agreement entered into 
force.

c. United States-Korea Free Trade Agreement Implementation Act (P.L. 
        112-41)

    On July 7, 2011, the Committee met informally to consider 
draft legislation to implement the United States-Korea Free 
Trade Agreement and accompanying statement of Administrative 
Action (SAA) and favorably reported them by a vote of 22-15 
after agreeing to an amendment in the nature of a substitute 
offered by Chairman Camp. On October 3, 2011, House Majority 
Leader Eric Cantor introduced, for himself and Representative 
Sander Levin (both by request), H.R. 3080, the ``United States-
Korea Free Trade Agreement Implementation Act.'' On October 6, 
2011, the Committee held a formal mark-up session to consider 
H.R. 3080 and SAA. The Committee approved the bill and 
favorably reported H.R. 3080 and the SAA, without amendment, by 
a recorded vote of 31-5 (H. Rept. 112-239). On October 12, 
2011, the House passed the bill by a recorded vote of 278-151. 
Also on October 12, 2011, the Senate passed the bill by a 
recorded vote of 83-15. The President signed H.R. 3080 into law 
on October 21, 2011. On February 21, 2012, USTR Kirk sent the 
Committee a letter stating the Administration's intent to enter 
the U.S.-Korea FTA into force on March 15, 2012, and stating 
the Administration's commitment to address certain outstanding 
issues. The Agreement subsequently entered into force on March 
15, 2012.

d. To extend the Generalized System of Preferences and for other 
        purposes (P.L. 112-40)

    On August 2, 2011, Chairman Camp introduced, for himself 
and Ranking Member Levin, Chairman Brady and Ranking Member 
McDermott, H.R. 2832, ``To extend the Generalized System of 
Preferences, and for other purposes,'' which included a 
reauthorization of the Generalized System of Preferences. On 
August 7, 2011, the House passed H.R. 2832 under suspension of 
the rules by voice vote. On August 21, 2011, the Senate passed 
an amended version of H.R. 2832, including the Trade Adjustment 
Assistance Extension Act of 2011, by a vote of 70-27. On 
October 12, 2011, the House agreed to the Senate amendment by 
recorded vote 307-122. On October 21, 2011, the President 
signed H.R. 2832, as amended, into law.

e. Burma Sanctions Renewal (P.L. 112-36)

    On May 26, 2011, Representative Joe Crowley introduced H.J. 
Res. 66, ``Approving the renewal of import restrictions 
contained in the Burmese Freedom and Democracy Act of 2003.'' 
On July 20, 2011, the House passed the joint resolution, under 
suspension of the rules, by voice vote. On September 15, 2011, 
the Senate passed the joint resolution, with an amendment, by 
unanimous consent. There was no further action on H.J. Res. 66. 
The text of H.J. Res 66 was included in H.R. 2608, ``Continuing 
Appropriations Act, 2012.'' On September 21, the House failed 
to pass H.R. 2608 by a recorded vote of 195-230. On September 
23 (legislative day, September 22), 2011, the House again voted 
on H.R. 2608 and passed the bill, by a recorded vote of 219-
203. On September 26, 2011, the Senate passed H.R. 2608, with 
an amendment, by a recorded vote of 79-12. On September 30, 
2011, the House passed H.R. 2017, ``Continuing Appropriations 
Act, 2012,'' which included the text of H.J. Res. 66. The 
President signed H.R. 2017 into law on September 30. On October 
4, 2011, the House passed H.R. 2608, as amended by the Senate, 
by a recorded vote of 352-66. The President signed H.R. 2608 
into law on October 4, 2011. On May 28, 2012, Representative 
Joe Crowley introduced H.J. Res. 109 to renew sanctions against 
Burma under the Burmese Freedom and Democracy Act of 2003, 
amended by the Tom Lantos Block Burmese JADE (Junta's Anti-
Democratic Efforts) Act of 2008. There was no further action 
taken on this bill. H.R. 5986 (described below) amended the 
Burmese Freedom and Democracy Act of 2003 to renew, for three 
years, the President's authority to ban the import of Burmese 
products and approved the renewal of import restrictions 
contained in the Act for one year. On August 2, 2012, the House 
passed the bill by voice vote, and the Senate passed it by 
unanimous consent. The President signed the bill into law on 
August 10, 2012.

f. Ultralight Aircraft Smuggling Prevention Act of 2012 (P.L. 112-93)

    On January 23, 2012, Representative Gabrielle Giffords and 
Representative Jeff Flake introduced H.R. 3801, the 
``Ultralight Aircraft Smuggling Prevention Act of 2012.'' On 
January 25, 2012, House passed the bill under suspension of the 
rules by a vote of 408-0. The Senate passed the bill without 
amendment by unanimous consent on January 26, 2012. The 
President signed the bill into law on February 10, 2012.
    H.R. 3801 amended the Tariff Act of 1930 with respect to 
aviation smuggling to extend its already existing criminal 
penalties to the use of ultralight planes in aviation 
smuggling. On January 25, 2012, Chairman Camp exchanged letters 
with Chairman Howard McKeon of the Committee on Armed Services 
waiving claims for jurisdiction on this bill but not 
jurisdictional claims over the subject matter in the future.

g. To apply the countervailing duty provisions of the Tariff Act of 
        1930 to nonmarket economy countries, and for other purposes 
        (P.L. 112-99)

    On February 29, 2012, Chairman Camp, Ranking Member Levin 
and 128 cosponsors introduced H.R. 4105, ``To apply the 
countervailing duty provisions of the Tariff Act of 1930 to 
nonmarket economy countries, and for other purposes.'' On March 
6, 2012, the House passed the bill under suspension of the 
rules by a vote of 370-39. The Senate passed the bill by 
unanimous consent on March 7, 2012, and the President signed 
the bill into law on March 13, 2012.
    H.R. 4105 amended the Tariff Act of 1930 to provide the 
Department of Commerce the authority to impose countervailing 
duties on imports into the United States from a nonmarket 
economy country subsidizing, directly or indirectly, the 
manufacture, production, or export of merchandise that 
materially injures, or threatens material injury, to a U.S. 
industry. In cases in which the Commerce Department applies 
both an antidumping and countervailing duty with respect to a 
product from a nonmarket economy country, the bill also 
requires the Department to reduce the antidumping duty by the 
amount of the estimated increase in the dumping margin as the 
result of a countervailed subsidy to the extent that such 
increase can be reasonably estimated.

h. Border Tunnel Prevention Act of 2012 (P.L. 112-127)

    On March 1, 2012, Representative Silvestre Reyes introduced 
H.R. 4119, the ``Border Tunnel Prevention Act of 2012'' to 
provide for penalties for use, attempt to construct, or 
financing of construction of an unauthorized tunnel that 
crosses the international border between the United States and 
another country. On May 15, 2012, Chairman Camp exchanged 
letters with Chairman Lamar Smith of the Judiciary Committee 
reflecting the agreement of the Committees to strip the 
provisions in the bill that were in the jurisdiction of the 
Committee on Ways and Means, relating to civil asset 
forfeiture. That same day, the House passed the bill under 
suspension of the rules by a vote of 416-4. The Senate passed 
the bill on May 17, 2012, without amendment, by unanimous 
consent, and the President signed the bill into law on June 5, 
2012.

i. To amend the African Growth and Opportunity Act to extend the third-
        country fabric program and to add South Sudan to the list of 
        countries eligible for designation under that Act, to make 
        technical corrections to the Harmonized Tariff Schedule of the 
        United States relating to the textile and apparel rules of 
        origin for the Dominican Republic-Central America-United States 
        Free Trade Agreement, to approve the renewal of import 
        restrictions contained in the Burmese Freedom and Democracy Act 
        of 2003, and for other purposes, H.R. 5986. (P.L. 112-163)

    On June 21, 2012, Chairman Dave Camp, Ranking Member Sander 
Levin, and twenty original co-sponsors introduced H.R. 5986. On 
August 2, 2012, the House passed the bill by voice vote. On the 
same day, the Senate passed the bill without amendment by 
unanimous consent. The President signed the bill into law on 
August 10, 2012.
    Section 1 amends the African Growth and Opportunity Act to 
extend through FY2015 the third-country fabric rule granting 
duty-free treatment of apparel articles wholly assembled, or 
knit-to-shape and wholly assembled, or both, in one or more 
lesser developed beneficiary sub-Saharan African countries, 
regardless of the country of origin of the fabric or the yarn 
used to make such articles. The legislation also ensures that 
AGOA benefits are available to the Republic of South Sudan 
(South Sudan).
    Section 2 amends the Harmonized Tariff Schedule of the 
United States to implement non-controversial modifications to 
the textile and apparel rules of origin for the Dominican 
Republic-Central America-United States Free Trade Agreement 
(CAFTA-DR).
    Section 3 amends the Burmese Freedom and Democracy Act of 
2003 to renew, for three years, the President's authority to 
ban the import of Burmese products and approves the renewal of 
import restrictions contained in the Act for one year.
    Sections 4 and 5 contain the offsets for the bill, amending 
the Internal Revenue Code to require estimated tax payments and 
the Consolidated Omnibus Budget Reconciliation Act to extend 
certain Customs user fees.

j. Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of 
        Law Accountability Act of 2012 (P.L. 112-208)

    On July 19, 2012, Chairman Camp, Ranking Member Levin, 
Trade Subcommittee Chairman Brady, Trade Subcommittee Ranking 
Member McDermott, and Reps. Reichert, Rangel, Roskam, 
Blumenauer, Paulsen, and Crowley introduced H.R. 6156. On July 
26, 2012, the Committee held a mark-up session to consider H.R. 
6156. The Committee ordered H.R. 6156 favorably reported, 
without amendment, by a voice vote (H. Rpt. 112-632). On 
November 13, 2012, the Committee on Rules reported to the House 
H. Res. 808, which made in order an amendment in the nature of 
a substitute to H.R. 6156 to include H.R. 4405 (the Sergei 
Magnitsky Rule of Law Accountability Act of 2012) with 
modifications. On November 16, 2012, the House passed the bill 
by a recorded vote of 365-43. On December 6, 2012, the Senate 
passed the bill by a recorded vote of 92-4. The President 
signed H.R. 6156 into law on December 14, 2012.
    H.R. 6156 authorizes the President to determine that title 
IV of the Trade Act of 1974 should no longer apply to Russia 
and Moldova and to proclaim the extension of normal trade 
relations treatment to the products of Russia and Moldova. The 
bill also requires the U.S. Trade Representative to annually 
report on whether Russia's World Trade Organization commitments 
are fully implemented and on enforcement actions against Russia 
to ensure Russia's full compliance with its World Trade 
Organization obligations. In addition, the bill requires the 
U.S. Trade Representative and the State Department to report on 
efforts to promote the rule of law in Russia and to support 
U.S. trade and investment and requires the Commerce Department 
to establish a phone hotline and secure website to allow the 
public to report on corruption, bribery, and attempted bribery 
in Russia. The bill requires the U.S. Trade Representative to 
report on Russia's laws, policies, and practices that deny fair 
and equitable treatment to U.S. digital trade, and to negotiate 
a bilateral sanitary and phytosanitary equivalency agreement 
and an intellectual property rights action plan. Finally, the 
bill requires that those in Russia responsible for the death, 
torture, or repression of individuals investigating crimes by 
Russian government officials or exercising human rights be 
publicly named and sanctioned.

2. IMPLEMENTATION OF TRADE AGREEMENTS WITH COLOMBIA, PANAMA, AND SOUTH 
                                 KOREA

    In preparation for legislative action to implement the 
trade agreements with Colombia, Panama, and South Korea, the 
Committee held a hearing on January 25, 2011, on Congressional 
consideration of these trade agreements and the benefits that 
they will bring to American businesses, farmers, workers, 
consumers, and the U.S. economy. The hearing also explored 
developments with each of these countries that have occurred 
since the trade agreements were signed in 2006 and 2007. The 
Committee received testimony from (i) Roy Paulson, President, 
Paulson Manufacturing Corporation, on behalf of the National 
Association of Manufacturers; (ii) Bob Stallman, President, 
American Farm Bureau Federation; (iii) Michael L. Ducker, Chief 
Operating Officer and President, International, FedEx Express; 
(iv) William J. Toppeta, President, International, MetLife; and 
(v) Stephen E. Biegun, Corporate Officer and Vice President of 
International Governmental Affairs, Ford Motor Company.
    On January 27, 2011, Chairman Camp requested that the 
International Trade Commission (ITC) conduct a study assessing 
the supplemental autos agreement reached by USTR with South 
Korea. The ITC released that report publicly on April 7, 2011.
    On February 9, 2011, the Committee held a hearing on 
current trade issues, including the trade agreements with 
Colombia, Panama, and South Korea. Ambassador Kirk testified 
before the Committee.
    On March 17, 2011, the Subcommittee on Trade held a hearing 
focusing on Congressional consideration of the trade agreement 
with Colombia. The hearing addressed the economic benefits this 
agreement will bring to American businesses, farmers, workers, 
consumers, and the U.S. economy. In addition, the hearing 
examined the national security and geopolitical implications of 
the agreement and explored developments within Colombia that 
have occurred since the trade agreement was concluded. The 
Subcommittee received testimony from (i) Ambassador Miriam 
Sapiro, Deputy U.S. Trade Representative, Office of the United 
States Trade Representative; (ii) The Honorable Robert D. 
Hormats, Under Secretary for Economic, Energy & Agricultural 
Affairs, U.S. Department of State; (iii) The Honorable Thomas 
C. Dorr, President & Chief Executive Officer, U.S. Grains 
Council, and Former Under Secretary for Rural Development, U.S. 
Department of Agriculture; (iv) William D. Marsh, Vice 
President Legal, Western Hemisphere, Baker Hughes, Inc. on 
behalf of Baker Hughes, Inc. and the National Association of 
Manufacturers; (v) Ambassador Peter F. Romero President and 
Chief Executive Officer, Experior Advisory LLC, Former 
Assistant Secretary for Western Hemisphere Affairs, U.S. 
Department of State, and Former U.S. Ambassador to Ecuador; 
(vi) Adam Isaacson, Director, Regional Security Policy Program, 
Washington Office on Latin America; (vii) General Barry R. 
McCaffrey, USA (Retired), President, BR McCaffrey Associates, 
LLC, Former Director of the Office of National Drug Control 
Policy, and Former Commander of the U.S. Southern Command.
    On March 30, 2011, the Subcommittee on Trade held a hearing 
focusing on Congressional consideration of the trade agreement 
with Panama. The hearing addressed the economic benefits this 
agreement will bring to American businesses, farmers, workers, 
consumers, and the U.S. economy. In addition, the hearing 
examined the national security and geopolitical implications of 
the agreement, as well as action taken by Panama to address tax 
transparency. The Subcommittee received testimony from (i) 
Ambassador Miriam Sapiro, Deputy U.S. Trade Representative, 
Office of the United States Trade Representative; (ii) Doug 
Oberhelman, Chairman and Chief Executive Officer, Caterpillar 
Inc. on behalf of Caterpillar Inc., the U.S. Chamber of 
Commerce, the National Association of Manufacturers, the 
Business Roundtable, and the Latin America Trade Coalition; 
(iii) Gary LaGrange, President and Chief Executive Officer, 
Port of New Orleans; (iv) Doug Wolf, President, National Pork 
Producers Council; (v) Jasper Sanfilippo, President and Chief 
Operating Officer, John B. Sanfilippo & Son, Inc.; (vi) Hal S. 
Shapiro, Partner, Akin Gump Strauss Hauer & Feld LLP, 
testifying in an individual capacity.
    On April 7, 2011, the Subcommittee on Trade held a hearing 
focusing on Congressional consideration of the trade agreement 
with South Korea. The hearing addressed the economic benefits 
this agreement will bring to American businesses, farmers, 
workers, consumers, and the U.S. economy. In addition, the 
hearing examined the national security and geopolitical 
implications of the agreement and developments that have 
occurred since the trade agreement was concluded, particularly 
the supplemental agreement reached between the United States 
and South Korea relating to trade in autos. The Subcommittee 
received testimony from (i) Ambassador Demetrios Marantis, 
Deputy U.S. Trade Representative, Office of the United States 
Trade Representative; (ii) William Rhodes, Chairman, U.S.-Korea 
Business Council; President and Chief Executive Officer, 
William R. Rhodes Global Advisors, LLC; Senior Advisor to 
Citigroup, on behalf of the U.S.-Korea Business Council and the 
U.S.-Korea FTA Business Coalition; (iii) John A. Schoch, Jr., 
President and Chief Executive Officer, Profile Products LLC, on 
behalf of the United States Chamber of Commerce; (iv) Robert 
Holleyman, President and Chief Executive Officer, Business 
Software Alliance; (v) Ambassador Thomas Hubbard, Senior 
Director for Asia, McLarty Associates and Former Ambassador to 
South Korea.
    On April 18, 2011, Chairman Camp led a bipartisan 
delegation of Members to Bogota, Colombia, to assess the 
benefits of the trade agreement with Colombia as well as 
progress made by Colombia to address its labor law and 
conditions, as well as protection against, and prosecution of, 
labor violence.
    On July 7, 2011, the Committee on Ways and Means 
considered, in an informal mark-up session, draft legislation 
to implement the trade agreements with Colombia, Panama, and 
South Korea and draft statements of administration action. The 
Committee conducted this informal markup to provide advice to 
the Administration on the implementing bills and statements of 
administrative action. The Committee approved draft legislation 
to implement the trade agreement with Colombia by a vote of 22-
14, after agreeing to an amendment in the nature of a 
substitute offered by Chairman Camp. The Committee approved 
draft legislation to implement the trade agreement with Panama 
by a vote of 22-15, after agreeing to an amendment in the 
nature of a substitute offered by Chairman Camp. The Committee 
approved draft legislation to implement the trade agreement 
with South Korea by a vote of 22-15, after agreeing to an 
amendment in the nature of a substitute offered by Chairman 
Camp.
    On October 3, 2011, House Majority Leader Eric Cantor 
introduced, for himself and Representative Sam Farr (both by 
request), H.R. 3078, the ``United States-Colombia Trade 
Promotion Agreement Implementation Act''; House Majority Leader 
Eric Cantor introduced for himself and Representative Jim 
McDermott (both by request), H.R. 3079, the ``United States-
Panama Trade Promotion Agreement Implementation Act''; and 
House Majority Leader Eric Cantor introduced, for himself and 
Representative Sander Levin (both by request), H.R. 3080, the 
``United States-Korea Free Trade Promotion Agreement 
Implementation Act.''
    On October 6, 2011, the Committee held a formal mark-up 
session to consider H.R. 3078, H.R. 3079, and H.R. 3080. The 
Committee ordered H.R. 3078 favorably reported, without 
amendment, by a recorded vote of 24-12. The Committee ordered 
H.R. 3079 favorably reported, without amendment, by a recorded 
vote of 32-3. The Committee ordered H.R. 3080 favorably 
reported, without amendment, by a recorded vote of 31-5.
    On October 12, 2011, considering all three bills under a 
closed rule that allowed for no amendments, the House passed 
H.R. 3078 by a recorded vote of 262-167, H.R. 3079 by a 
recorded vote of 300-129, and H.R. 3080 by a recorded vote of 
278-151.
    Also on October 12, 2011, the Senate passed H.R. 3078 by a 
recorded vote of 66-33, H.R. 3079 by a recorded vote of 77-22, 
and H.R. 3080 by a recorded vote of 83-15.
    The President signed H.R. 3078, H.R. 3079, and H.R. 3080 
into law on October 21, 2011.
    On February 21, 2012, USTR Kirk sent the Committee a letter 
stating the Administration's intent to enter the U.S.-Korea FTA 
into force on March 15, 2012, and stating the Administration's 
commitment to address certain outstanding issues. The Agreement 
subsequently entered into force on March 15, 2012.
    On February 29, 2012, the Committee held a hearing on 
current trade issues, including on the status of implementation 
of the U.S.-Colombia Trade Promotion Agreement, U.S.-Panama 
Trade Promotion Agreement, and U.S.-Korea Free Trade Agreement.
    On May 15, 2012, the U.S.-Colombia Trade Promotion 
Agreement entered into force.
    On October 31, 2012, the U.S.-Panama Trade Promotion 
Agreement entered into force.

                     3. ANDEAN TRADE PREFERENCE ACT

    On February 10, 2011, Chairman Camp introduced H.R. 622, 
``To extend the Andean Trade Preference Act, and for other 
purposes,'' which included an extension of the Andean Trade 
Preferences Act (ATPA). ATPA expired on February 12, 2011. No 
further action was taken on H.R. 622.
    On October 3, 2011, House Majority Leader Eric Cantor 
introduced, for himself and Representative Sam Farr (both by 
request), H.R. 3078, the ``United States-Colombia Trade 
Promotion Agreement Implementation Act,'' which included an 
extension of ATPA through July 31, 2013, retroactive to 
February 13, 2011. On October 6, 2011, the Committee held a 
formal mark-up session to consider H.R. 3078. The Committee 
ordered H.R. 3078 favorably reported, without amendment, by a 
recorded vote of 24-12.
    On October 12, 2011, considering the bill under a closed 
rule that allowed for no amendments, the House passed H.R. 3078 
by a recorded vote of 262-167. Also on October 12, 2011, the 
Senate passed H.R. 3078 by a recorded vote of 66-33. The 
President signed H.R. 3078 into law on October 21, 2011.

                  4. GENERALIZED SYSTEM OF PREFERENCES

    On August 2, 2011, Chairman Camp introduced, for himself 
and Ranking Member Levin, Chairman Brady and Ranking Member 
McDermott, H.R. 2832, ``To extend the Generalized System of 
Preferences, and for other purposes,'' which included a 
reauthorization of the Generalized System of Preferences. On 
August 7, 2011, the House passed H.R. 2832 under suspension of 
the rules by voice vote. On August 21, 2011, the Senate passed 
an amended version of H.R. 2832 by a vote of 70-27. On October 
12, 2011, the House agreed to the Senate amendment by recorded 
vote 307-122. On October 21, 2011, the President signed H.R. 
2832 into law.

          5. TRADE ADJUSTMENT ASSISTANCE EXTENSION ACT OF 2011

    On August 2, 2011, Chairman Dave Camp introduced, for 
himself and Representatives Kevin Brady, Sander Levin, and Jim 
McDermott, H.R. 2832, ``To extend the Generalized System of 
Preferences, and for other purposes.'' On August 7, 2011, the 
House passed H.R. 2832 under suspension of the rules by voice 
vote. On August 21, 2011, the Senate passed an amended version 
of H.R. 2832, including the Trade Adjustment Assistance 
Extension Act of 2011, by a vote of 70-27. On October 12, 2011, 
the House agreed to the Senate amendment by recorded vote 307-
122. On October 21, 2011, the President signed H.R. 2832 into 
law.

                      6. WORLD TRADE ORGANIZATION

    On February 9, 2011, the Committee held a hearing on the 
U.S. trade agenda. Among the current trade issues covered were 
the prospect for trade expansion in agriculture, industrial 
goods, and services through the Doha Round negotiations at the 
World Trade Organization (WTO) and the issues surrounding 
Russia's efforts to accede to the WTO. Ambassador Kirk 
testified before the Committee on the Administration's views on 
these issues.
    On December 14-18, 2011, the Committee conducted a 
bipartisan staff delegation to the Eighth Ministerial 
Conference of the World Trade Organization in Geneva, 
Switzerland. The staffdel participated in the Ministerial 
Conference, including meetings with trade ministers from WTO 
member countries, U.S. officials, and business leaders.
    On February 29, 2012, the Committee held a hearing on 
current trade issues, including Russia's accession to the WTO, 
WTO negotiations, and ``post-Doha'' issues such as an 
international services trade agreement, Information Technology 
Agreement (ITA) expansion, and a trade facilitation agreement.
    On March 26-29, 2012, the Committee conducted a bipartisan 
staff delegation to Geneva, Switzerland, to participate in the 
Symposium on Exchange Rate Policies and Trade being hosted by 
the World Trade Organization (WTO) Working Group on Trade, 
Debt, and Finance and to meet with officials from other WTO 
member countries, WTO secretariat staff, and U.S. officials.
    On June 24-28, 2012, the Committee conducted a staff 
delegation to Geneva, Switzerland, to discuss ongoing WTO 
discussions regarding a possible international services 
agreement, to attend meetings of the WTO services cluster, to 
participate in the WTO Workshop on Trade in Financial Services 
and Development, and to meet with officials from other WTO 
member countries, WTO secretariat staff, and U.S. officials.
    On September 20, 2012, the Subcommittee on Trade held a 
hearing on the benefits of expanding U.S. services trade 
through an International Services Agreement. The hearing 
focused on the benefits of expanding U.S. services trade, 
including by negotiating an international services agreement. 
The hearing addressed the importance of services exports as a 
source of well-paying U.S. jobs and economic growth. In 
addition, the hearing examined the current state of ongoing 
discussions concerning an international services agreement and 
explored how best to support a successful initiative. The 
Subcommittee received testimony from (i) Ambassador Michael 
Punke, Deputy United States Trade Representative and Permanent 
Representative to the World Trade Organization (WTO); (ii) Dr. 
J. Bradford Jensen, Professor of Economics and International 
Business, McDonough School of Business Georgetown University; 
(iii) Thomas Klein, President, Sabre Holdings; (iv) Karl 
Fessenden, Vice President, Power Generation Services, GE 
Energy; (v) Charles Lake, Chairman, Aflac Japan; and (vi) 
Daniel Brutto, President, UPS International, who testified on 
behalf of the Coalition of Services Industries.

                             7. ENFORCEMENT

    On February 9, 2011, the Committee held a hearing on the 
U.S. trade agenda. Among the current trade issues covered were 
the full range of issues impeding American companies from 
selling U.S. goods and services in China and distorting trade 
flows through unfair trade practices. In addition, the hearing 
addressed the management of trade disputes and other trade 
issues. Ambassador Kirk testified before the Committee on the 
Administration's views on these issues.
    On February 29, 2012, the Committee held a hearing on 
current trade issues, including efforts by the Administration 
to address barriers to trade. Ambassador Kirk testified before 
the Committee on the Administration's views on these issues.
    On February 29, 2012, Chairman Camp, Ranking Member Levin, 
and 128 cosponsors introduced H.R. 4105, ``to apply the 
countervailing duty provisions of the Tariff Act of 1930 to 
nonmarket economy countries, and for other purposes.'' On March 
6, 2012, the House passed the bill under suspension of the 
rules by a vote of 370-39. The Senate passed the bill by 
unanimous consent on March 7, 2012, and the President signed 
the bill into law on March 13, 2012 (P.L. 112-99).

             8. THE TRANS-PACIFIC PARTNERSHIP NEGOTIATIONS

    On February 9, 2011, the Committee held a hearing on the 
U.S. trade agenda. Among the current trade issues covered were 
the structure, content, and prospect for the ongoing Trans-
Pacific Partnership negotiations. Ambassador Kirk testified 
before the Committee on the Administration's views on these 
issues.
    On November 10-11, 2011, Ranking Member Levin, Trade 
Subcommittee Chairman Brady, and Ranking Member McDermott 
attended the APEC Summit in Honolulu, Hawaii. The delegation 
met with numerous foreign trade ministers and private sector 
representatives to discuss the importance of increasing U.S. 
economic engagement in the Asia-Pacific region, the status of 
the TPP negotiations, and various bilateral issues.
    On December 14, 2011, the Subcommittee held a hearing on 
the Trans-Pacific Partnership (TPP) negotiations. The 
Subcommittee received testimony from (i) Ambassador Demetrios 
Marantis, Deputy U.S. Trade Representative, Office of the 
United States Trade Representative; (ii) Devry S. Boughner, 
Director, International Business Relations on behalf of 
Cargill, Inc. and the U.S. Business Coalition for TPP; (iii) 
Angela Marshall Hofmann, Vice President, Global Integrated 
Sourcing and Trade Wal-Mart Stores; and (iv) Michael Wessel, 
President, The Wessel Group. The hearing focused on the status 
and future of the ongoing TPP agreement negotiations as well as 
the potential benefits of the agreement for U.S. companies, 
workers, and farmers. The hearing also explored how the TPP 
agreement will be a ``21st century agreement'' by addressing 
barriers to trade beyond tariffs and increasing trade 
facilitation.
    On February 29, 2012, the Committee held a hearing on 
current trade issues, including the status of the TPP 
negotiations, the potential benefits of a TPP agreement for the 
United States, and the prospect for Canada, Japan, and Mexico 
to join the TPP negotiations. Ambassador Kirk testified before 
the Committee on the Administration's views on these issues.
    On July 9, 2012, the United States Trade Representative 
notified Congress that the Administration intends to include 
Mexico in the ongoing negotiations of the Trans-Pacific 
Partnership Agreement.
    On July 10, 2012, the United States Trade Representative 
notified Congress that the Administration intends to include 
Canada in the ongoing negotiations of the Trans-Pacific 
Partnership Agreement.

                 9. OTHER BILATERAL AND REGIONAL ISSUES

China

    On February 9, 2011, the Committee held a hearing on the 
U.S. trade agenda. Among the current trade issues covered was 
the full range of issues impeding American companies from 
selling U.S. goods and services in China and distorting trade 
flows through unfair trade practices. United States Trade 
Representative Ron Kirk testified. On May 6, 2011, Chairman 
Camp led a letter signed by a majority of Committee Members to 
Secretaries Geithner, Clinton, and Locke, and Ambassador Kirk 
discussing systemic problems in U.S.-China trade relations, 
including issues related to China's consistent lack of 
protection and enforcement of U.S. intellectual property 
rights, indigenous innovation requirements, use of industrial 
subsidies, export restraints on key products such as rare earth 
minerals, and currency misalignment. In that letter, the 
Members asked the Administration to develop metrics for 
assessing China's progress on these issues.
    On May 10, 2011, Committee Members met with Vice Premier 
Wang Qishan to discuss the U.S.-China trade relationship.
    On October 25, 2011, the Committee held a hearing focusing 
on the U.S.-China economic relationship, including both the 
significant opportunities presented by the Chinese market as 
well as the barriers that U.S. companies, farmers, and workers 
continue to face. The hearing explored the Administration's 
plans to address China's persistent barriers to trade and 
investment. The Committee received testimony from (i) Under 
Secretary Lael Brainard, Under Secretary of International 
Affairs, U.S. Department of the Treasury; and (ii) Ambassador 
Demetrios Marantis, Deputy U.S. Trade Representative.
    On November 17, 2011, all Members of the Committee sent a 
letter to Ambassador Kirk and Secretary Bryson highlighting the 
need to address longstanding and specific concerns, improve 
U.S. market access in China, use commercially meaningful 
metrics to measure the effectiveness of commitments, and 
further China's rebalancing of its economy.
    On January 31, 2012, Chairman Dave Camp and Senate Finance 
Committee Chairman Max Baucus sent a letter to the 
Administration encouraging it to pressure China to stop 
unfairly undervaluing its currency at a World Trade 
Organization (WTO) symposium in March. In the letter, Camp and 
Baucus noted that China has actively blocked currency 
undervaluation discussions at the WTO and emphasized that 
China's unfair trade practices, including its currency 
undervaluation, cost U.S. jobs.
    On February 29, 2012, the Committee held a hearing on 
current trade issues, including the challenges and 
opportunities presented by the U.S. economic relationship with 
China. Ambassador Kirk testified before the Committee on the 
Administration's views on these issues.
    On March 1, 2012, the Committee held a meeting with 
Treasury Secretary Geithner, Commerce Secretary Bryson, and 
United States Trade Representative Ambassador Kirk about the 
Administration's China economic policy. The meeting provided an 
opportunity for Committee Members to have a bipartisan and 
candid, off-the-record discussion with the Administration about 
its China economic policy.
    On March 26-29, 2012, the Committee conducted a bipartisan 
staff delegation to Geneva, Switzerland, to participate in the 
Symposium on Exchange Rate Policies and Trade being hosted by 
the World Trade Organization (WTO) Working Group on Trade, 
Debt, and Finance and to meet with officials from other WTO 
member countries, WTO secretariat staff, and U.S. officials.
    On April 27, 2012, Republican Members of the Ways and Means 
Committee sent a letter to the Administration concerning the 
meeting of the U.S.-China Strategic & Economic Dialogue (S&ED) 
to be held in early May. The letter highlighted key priorities 
for these meetings, including the need to address long-standing 
and specific concerns, improve U.S. market access in China, 
further China's rebalancing of its economy, and restart 
bilateral investment treaty negotiations.
    On November 30, 2012, Chairman Dave Camp, Senate Finance 
Committee Chairman Max Baucus, Ranking Member Sander Levin, and 
Senate Finance Committee Ranking Member Orrin Hatch sent a 
letter to the Administration ahead of the December meeting of 
the U.S.-China Joint Commission on Commerce and Trade. The 
letter addressed concerns about China's move away from market-
based reforms, highlighted a number of specific barriers, and 
called for significant progress to show the American people 
that the U.S.-China economic relationship is headed in the 
right direction. The letter also called on the Administration 
to continue to develop meaningful metrics to measure progress.
    The Committee has held regular staff consultations with 
USTR and the Treasury and Commerce Departments regarding U.S.-
China issues.

Russia

    On February 9, 2011, the Committee held a hearing on 
current trade issues, including the issues surrounding Russia's 
efforts to accede to the WTO, in preparation for considering 
legislation, at the appropriate time, to graduate Russia from 
the Jackson-Vanik amendment and grant it Permanent Normal Trade 
Relations. Ambassador Kirk testified before the Committee on 
the Administration's views on this issue.
    On October 31, 2011, Chairman Camp and Ranking Member 
Levin, along with Senators Baucus and Hatch, sent a letter to 
the Administration regarding Russia's accession to the WTO. The 
letter explained the importance for Russia's WTO accession 
agreement to adequately address a number of issues of concern.
    On February 29, 2012, the Committee held a hearing on 
current trade issues, including the issues surrounding Russia's 
accession to the WTO and consideration of legislation to 
graduate Russia from the Jackson-Vanik amendment and grant it 
Permanent Normal Trade Relations (PNTR). Ambassador Kirk 
testified before the Committee on the Administration's views on 
this issue.
    On June 6, 2012, the Committee held a meeting with Deputy 
Assistant to the President and Deputy National Security Advisor 
for International Economic Affairs Michael Froman, State Deputy 
Secretary Ambassador William Burns, Deputy United States Trade 
Representative Ambassador Miriam Sapiro, and Office of the U.S. 
Trade Representative Chief Agricultural Negotiator Ambassador 
Islam Siddiqui about Russia's accession to the WTO and granting 
Russia PNTR. The meeting provided an opportunity for Committee 
Members to have a bipartisan and candid, off-the-record 
discussion with the Administration about trade and other issues 
regarding Russia.
    On June 20, 2012, the Committee held a hearing on Russia's 
accession to the World Trade Organization and granting Russia 
PNTR. The hearing focused on the significant opportunities 
presented upon Russia's accession to the WTO and commercial 
areas requiring continued attention, such as enforcement of IPR 
and Russian SPS standards relating to U.S. agriculture exports. 
The hearing explored the impact on U.S. employers, workers, 
farmers, and ranchers if Congress does not grant Russia PNTR 
and they are unable to obtain the benefits of Russia's 
membership. In addition, the hearing provided an opportunity 
for addressing Members' non-commercial concerns regarding 
Russia. The Committee received testimony from (i) Ambassador 
Ron Kirk, United States Trade Representative; (ii) Ambassador 
William Burns, Deputy Secretary, United States Department of 
State; (iii) Doug Oberhelman, Chairman and Chief Executive 
Officer, Caterpillar Inc. (on behalf of The Business Roundtable 
and the National Association of Manufacturers); (iv) Wayne H. 
Wood, President, Michigan Farm Bureau; (v) Michael Rae, 
President, Argus Ltd.; and (vi) James P. Mackin, Senior Vice 
President and President, Cardiac Rhythm Disease Management, 
Medtronic, Inc.
    On July 19, 2012, Chairman Camp, Ranking Member Levin, 
Trade Subcommittee Chairman Brady, Trade Subcommittee Ranking 
Member McDermott, and Reps. Reichert, Rangel, Roskam, 
Blumenauer, Paulsen, and Crowley introduced H.R. 6156, ``to 
authorize the extension of nondiscriminatory treatment (normal 
trade relations treatment) to products of the Russian 
Federation and Moldova and to require reports on the compliance 
of the Russian Federation with its obligations as a member of 
the World Trade Organization, and for other purposes.''
    On July 26, 2012, the Committee held a mark-up session to 
consider H.R. 6156. The Committee ordered H.R. 6156 favorably 
reported, without amendment, by a voice vote (H. Rpt. 112-632). 
On November 13, 2012, the Committee on Rules reported to the 
House H. Res. 808, which made in order an amendment in the 
nature of a substitute to H.R. 6156 to include H.R. 4405 (the 
Sergei Magnitsky Rule of Law Accountability Act of 2012) with 
modifications. On November 16, 2012, the House passed the bill 
by a recorded vote of 365-43. On December 6, 2012, the Senate 
passed the bill by a recorded vote of 92-4. The President 
signed H.R. 6156 into law on December 14, 2012.

Burma

    On May 26, 2011, Representative Joe Crowley introduced H.J. 
Res 66 to renew sanctions against Burma under the Burmese 
Freedom and Democracy Act of 2003, amended by the Tom Lantos 
Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 
2008. On July 20, 2011, the House passed the joint resolution, 
under suspension of the rules, by voice vote. On September 15, 
2011, the Senate passed the joint resolution, with an 
amendment, by unanimous consent. There was no further action on 
H.J. Res. 66. The text of H.J. Res 66 was included in H.R. 
2608, ``Continuing Appropriations Act, 2012.'' On September 21, 
the House failed to pass H.R. 2608 by a recorded vote of 195-
230. On September 23 (legislative day, September 22), 2011, the 
House again voted on H.R. 2608 and passed the bill, by a 
recorded vote of 219-203. On September 26, 2011, the Senate 
passed H.R. 2608, with an amendment, by a recorded vote of 79-
12. On September 30, 2011, the House passed H.R. 2017, 
``Continuing Appropriations Act, 2012,'' which included the 
text of H.J. Res. 66. The President signed H.R. 2017 into law 
on September 30. On October 4, 2011, the House passed H.R. 
2608, as amended by the Senate, by a recorded vote of 352-66. 
The President signed H.R. 2608 into law on October 4, 2011. The 
sanctions on Burma were renewed effective July 26, 2011, by 
both H.R. 2017 and H.R. 2608.
    On May 28, 2012, Representative Joe Crowley introduced H.J. 
Res 109 to renew sanctions against Burma under the Burmese 
Freedom and Democracy Act of 2003, amended by the Tom Lantos 
Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 
2008. No further action was taken on this resolution. On August 
2, 2012, both the House and Senate passed H.R. 5986 (described 
above), which, among other things, amended the Burmese Freedom 
and Democracy Act of 2003 to renew, for three years, the 
President's authority to ban the import of Burmese products and 
approved the renewal of import restrictions contained in the 
Act for one year. The President signed H.R. 5986 into law on 
August 10, 2012.

Iran

    On May 13, 2011, Representative Ileana Ros-Lehtinen 
introduced H.R. 1905, the ``Iran Threat Reduction Act of 
2011.'' On June 3, 2011, Representative Ileana Ros-Lehtinen 
introduced H.R. 2105, the ``Iran, North Korea, and Syria 
Nonproliferation Reform and Modernization Act of 2011.'' On 
November 2, 2011, the House Foreign Affairs Committee marked-up 
both H.R. 1905 and H.R. 2105, including making amendments, 
through the Chairman's amendments, to sections within Ways and 
Mean's jurisdiction. After extensive negotiations, the House 
Foreign Affairs Committee agreed to amend both bills in 
sections within Ways and Mean's jurisdiction to address the 
Committee's concerns.
    On December 14, 2011, the House passed H.R. 2105, under 
suspension of the rules, by a vote of 418-2. Also on December 
14, 2011, the House passed H.R. 1905, under suspension of the 
rules, by a vote of 410-11. On May 21, 2012, the Senate passed 
H.R. 1905, with amendments, by voice vote. After extensive 
negotiations, the House Foreign Affairs Committee agreed to 
amend provisions of H.R. 1905 within Ways and Mean's 
jurisdiction to address the Committee's concerns. On August 1, 
2012, the House agreed to the Senate amendment with amendment 
pursuant to H. Res. 750, by a vote of 421-6. On August 1, 2012, 
the Senate agreed to the House amendment to the Senate 
amendment to H.R. 1905 by voice Vote. On August 10, 2012, the 
President signed H.R. 1905, as amended, into law.
    On December 4, 2012, the Senate amended and passed H.R. 
4310, the ``National Defense Authorization Act for Fiscal Year 
2013.'' The Senate version of H.R. 4310 included subtitles that 
contained, among other things, the authority for the President 
to impose import sanctions on certain expanded activities with 
respect to Iran and the Democratic Republic of Congo. The 
inclusion of the import sanctions violated the Origination 
Clause (Article I, Section 7, clause 1 of the U.S. 
Constitution) because H.R. 4310 as passed by the House did not 
contain revenue measures. On December 12, 2012, Chairman Camp 
introduced H. Res. 829, which stated that H.R. 4310 as passed 
by the Senate contravened the Origination Clause. H. Res. 829 
passed the House without objection. The Senate then considered 
Senate Amendment (S.3254, as amended) to H.R. 4310 and modified 
the bill through Senate Amendments 3332 and 3333 by unanimous 
consent to remove the import sanctions from the bill. The 
Senate then passed the amended H.R. 4310 by voice vote. Both 
the House and Senate voted to enter into Conference on H.R. 
4310. The Committee continued extensive negotiations with the 
Armed Services Committee to address the Committee's concerns. 
On December 20, 2012, the House passed the Conference Report by 
a vote of 315-107. On December 21, 2012, the Senate passed the 
Conference Report by a recorded vote of 81-14. At the time of 
this Report, the President had not yet signed the bill.

Rwanda

    On February 19, 2008, the United States and Rwanda signed 
the U.S.-Rwanda Bilateral Investment Treaty (``Treaty Between 
the Government of the United States of America and the 
Government of the Republic of Rwanda Concerning the 
Encouragement and Reciprocal Protection of Investment''). On 
September 26, 2011, the U.S. Senate passed the treaty by 
unanimous consent.

Bolivia

    On November 7, 2011, Chairman Camp sent a letter to 
Secretary Clinton and Ambassador Kirk expressing concern about 
the Administration's decision to conclude and sign a U.S.-
Bolivia framework Agreement.

Taiwan

    On March 21, 2012, Chairman Camp and House Foreign Affairs 
Committee Chairman Ros-Lehtinen exchanged letters regarding 
H.R. 2918, the ``Taiwan Policy Act,'' which contains provisions 
affecting the Committee's tax and trade jurisdiction. The 
Committee's concerns were addressed, and the Committee agreed 
to forego action in order to expedite floor consideration. At 
the time of this report, H.R. 2918 has not been considered by 
the full House.

                   10. THE MISCELLANEOUS TARIFF BILL

    The Committee continued its work concerning 
noncontroversial bills to eliminate or reduce duties on 
products not made in sufficient quantities in the United 
States. On March 30, 2012, Chairman Camp along with Ranking 
Member Levin, Chairman Brady, and Ranking Member McDermott 
announced the commencement of the Miscellaneous Tariff Bill 
(MTB) process, requiring Members to introduce bills by April 
30, 2012. Due to the overwhelming Member interest in 
participating in the process, the Committee subsequently 
informed Members that they would meet the April 30 deadline if 
their draft bills were submitted to Legislative Counsel on 
April 30 and then introduced and submitted to the Ways and 
Means Committee online MTB submission process no later than on 
May 16, 2012. The Committee then announced on May 24, 2012, 
that it would accept public comments on the submitted bills 
until June 22, 2012. Because of the sheer number of bills that 
were submitted to the Committee's MTB process, the Committee 
continued to receive public comments on the submitted bills 
through the process and, in keeping with the Committee's 
commitment to transparency, these comments were posted on the 
Committee website. The independent International Trade 
Commission reviewed the submitted bills, provided reports to 
the Committee, and posted the reports on its own website. The 
Department of Commerce, which spearheads the review of the 
submitted bills by the Administration, also reviewed the 
submitted bills and provided reports to the Committee. All of 
these reports were made available on the Committee's website. 
The Committee worked with the Senate Finance Committee to 
prepare the bicameral, bipartisan legislation for floor 
consideration. On January 1, 2013, Chairman Camp, Ranking 
Member Levin, Trade Subcommittee Chairman Brady, and Trade 
Subcommittee Ranking Member McDermott introduced H.R. 6727, the 
U.S. Job Creation and Manufacturing Act of 2013, including 
provisions from more than 2,000 bills introduced in the House 
and Senate during the MTB process.

                 C. Legislative Review of Health Issues


          1. BILLS ENACTED INTO LAW DURING THE 112TH CONGRESS

a. Comprehensive 1099 Taxpayer Protection and Repayment of Exchange 
        Subsidy Overpayments Act of 2011 (P.L. 112-9)

    On January 12, 2011, House Administration Committee 
Chairman Dan Lungren and 245 cosponsors introduced H.R. 4, the 
``Small Business Paperwork Mandate Elimination Act of 2011.'' 
On February 17, 2011, the Committee marked up the bill and 
ordered it favorably reported without amendment by voice vote, 
and the report (H. Rept. 112-15) was filed on February 22, 
2011. At the request of Chairman Camp in a letter submitted to 
the Rules Committee on February 28, 2011, the text of H.R. 4 
was subsequently replaced by the text of H.R. 705, the 
``Comprehensive 1099 Taxpayer Protection and Repayment of 
Exchange Subsidy Overpayments Act of 2011,'' which the 
Committee had separately marked up and ordered reported, as 
amended, on February 17, 2011 (H. Rept. 112-16). For further 
information on H.R. 705, see section 2f. On March 3, 2011, the 
House passed H.R. 4, as amended (which incorporated the text of 
H.R. 705 as reported by the Ways and Means Committee), under a 
Rule by a vote of 314-112. On April 5, 2011, the Senate passed 
the bill without further amendment by a recorded vote of 87-12. 
On April 14, 2011, the President signed the bill into law.
    As reported by the committee and subsequently enacted into 
law, H.R. 4 recovers a larger portion of premium subsidy 
overpayments resulting from the Patient Protection and 
Affordable Care Act of 2010 (``PPACA'') (P. L. 111-148) and the 
Health Care and Education Reconciliation Act of 2010 (P.L. 111-
152). Prior to enactment of H.R. 4, individuals and joint 
filers earning between 200-250 percent of the Federal Poverty 
Level (FPL) were required to repay a maximum of $500 and 
$1,000, respectively, if income increased during the year such 
that they were no longer eligible for the amount initially 
determined. Under H.R. 4, these individuals and joint filers 
are required to repay a maximum of $750 and $1,500, 
respectively. Individuals and joint filers earning between 300-
350 percent of the FPL were required to repay a maximum of 
$1,000 and $2,000, respectively. Under H.R. 4, these 
individuals and joint filers are required to repay a maximum of 
$1,250 and $2,500, respectively. Individuals and joint filers 
earning between 400-450 percent of the FPL were required to 
repay a maximum of $1,500 and $3,000, respectively. Under H.R. 
4, these individuals and joint filers are required to repay the 
entire tax credit if their income increases to this level 
during the year in question. Individuals and joint filers 
earning between 450-500 percent of the FPL were required to 
repay a maximum of $1,750 and $3,500, respectively. Under H.R. 
4, these individuals and joint filers are required to repay the 
entire tax credit if their income increases to this level 
during the year in question. Repayment amounts for individuals 
and joint filers earning below 200 percent, between 250-300 
percent, and between 350-400 percent of the FPL were not 
modified by H.R. 4.

b. Trade Adjustment Assistance Extension Act of 2011 (P.L. 112-40)

    On September 2, 2011, Chairman Camp, along with three 
cosponsors--Representative Kevin Brady, Ranking Member Sander 
Levin, and Representative Jim McDermott--introduced H.R. 2832 
to extend the Generalized System of Preferences. The bill was 
considered in the House on September 7, 2011 under suspension 
of the rules. It passed by a voice vote later that same day. 
The bill was received in the Senate on September 8, 2011. The 
underlying language of H.R. 2832 was amended to include the 
Trade Adjustment and Assistance Act of 2011 on September 21, 
2011. An extension of the Health Coverage Tax Credit (HCTC) was 
included in the TAA amendment. On September 22, 2011, the 
amended bill passed the Senate by a vote of 70-27. The amended 
bill was sent back to the House, where it received 
consideration under a closed rule on October 11, 2011. H.R. 
2832, in its amended form, passed the House on October 12, 2011 
by a vote of 307-122. It was signed into law as P.L. 112-40 by 
President Obama on October 21, 2011.
    As signed into law, P.L. 112-40 would amend the Internal 
Revenue Code to: (1) extend the Health Coverage Tax Credit at a 
rate of 72.5 percent; (2) extend the HCTC to TAA recipients who 
experience a break in job training or educational programs; (3) 
amend the list of ``qualified health insurance'' options to 
include VEBA arrangements; (4) allow qualifying family members 
to continue receiving the HCTC in certain instances; (5) 
provide that the 63 day lapse of coverage does not begin until 
seven days after notice is given that an individual is eligible 
for HCTC; and (6) amend COBRA to allow TAA-eligible people to 
receive COBRA coverage as long as they remain TAA-eligible. 
Additionally, to fund the extension of the HCTC, several 
reforms were made to the Medicare Quality Improvement 
Organization (QIO) program.

c. Amending the Internal Revenue Code of 1986 to modify the calculation 
        of modified adjusted gross income for purposes of determining 
        eligibility for certain healthcare-related programs (P.L. 112-
        56)

    On July 18, 2011, Representative Diane Black and three 
cosponsors--Representative John Duncan, Jr., Representative 
Peter Roskam, and Representative Kurt Schrader--introduced H.R. 
2576, ``To amend the Internal Revenue Code of 1986 to modify 
the calculation of modified adjusted gross income for purposes 
of determining eligibility for certain healthcare-related 
programs.'' On October 18, 2011, the Committee marked up the 
bill and ordered it favorably reported by a vote of 23-12 (H. 
Rept. 112-254). On October 27, 2011, the House passed the bill 
under a Rule by a vote of 262-157. Pursuant to H. Res. 448, in 
the engrossment of H.R. 674, the text of H.R. 2576 was added to 
the end of H.R. 674.
    On November 10, 2011, the Senate passed the bill with an 
amendment by a vote of 95-0. On November 16, 2011, the House 
voted to suspend the rules and agree to the Senate amendment by 
a vote of 422-0. On November 21, 2011, the President signed the 
bill into law.
    The 2010 health care law uses a uniform definition of 
modified adjusted gross income (``MAGI'') to determine 
eligibility for Exchange tax credits and cost-sharing 
subsidies, Medicaid, and the Children's Health Insurance 
Program (CHIP). That law's use of MAGI as the basis of 
eligibility determinations understates the resources available 
to some households. The MAGI definition is based on adjusted 
gross income, a tax law term that excludes, for income tax 
purposes, a portion of Social Security benefits. As a result, 
the current health law does not take into account the entire 
Social Security benefit when determining eligibility for 
certain types of government-subsidized health insurance. H.R. 
2576 would count the entire Social Security benefit, rather 
than just the portion that is taxable for income tax purposes, 
as income for determining eligibility for Exchange subsidies, 
Medicaid, and CHIP. H.R. 2576 would bring the income 
requirements for these health programs into closer alignment 
with the measurement of income for other federal social welfare 
programs, like public housing assistance. H.R. 2576 would not 
affect the tax treatment of the Social Security benefits.

      2. HEALTH CARE AND OTHER PROPOSALS DURING THE 112TH CONGRESS

a. Repealing the Job-Killing Health Care Law Act (H.R. 2)

    On January 5, 2011, Majority Leader Eric Cantor, along with 
Chairman Camp and 150 other cosponsors, introduced H.R. 2, the 
``Repealing the Job-Killing Health Care Law Act.'' On January 
19, 2011, the House passed the bill, as amended, under a Rule 
by a vote of 245-189. As of January 2, 2013, the Senate had not 
yet taken up the legislation.
    As passed by the House, H.R. 2 would repeal the ``Patient 
Protection and Affordable Care Act of 2010'' (P.L. 111-148) and 
the health care provisions of the ``Health Care and Education 
Reconciliation Act of 2010'' (P.L. 111-152), including the tax 
provisions contained in those two laws.

b. Medicare Decisions Accountability Act of 2011 (H.R. 452)

    On January 26, 2011, Representative David Roe and 234 
cosponsors introduced H.R. 452, ``Medicare Decisions 
Accountability Act of 2011.'' On March 13, 2012, the Committee 
held a mark-up on the bill and ordered it favorably reported, 
as amended, by a voice vote (H. Rept. 112-412 Part 1). On March 
16, 2012 the Committee on Energy and Commerce ordered it 
favorably reported, as amended (H. Rept. 112-412 Part 2). 
Committee on Rules discharged the bill and it was placed on the 
Union Calendar, Calendar No. 284, on March 16, 2012. On March 
22, 2012, H.R. 452 was combined with H.R. 5, the Protecting 
Access to Healthcare Act, and was passed by the House by a vote 
of 223-181 (Roll no. 126). As of January 2, 2013, the Senate 
had not yet taken up this legislation.
    The Medicare Decisions Accountability Act of 2011 would 
repeal sections 3403 and 10320 of the Patient Protection and 
Affordable Care (PPACA; P.L. 111-148) (and restore provisions 
of law amended by such sections) related to the establishment 
of an Independent Payment Advisory Board (IPAB) to develop and 
submit detailed proposals to reduce the per capita rate of 
growth in Medicare spending to the President for Congress to 
consider.

c. Health Care Cost Reduction Act of 2012 (H.R. 436)

    On January 25, 2011, Congressman Erik Paulsen and 244 
cosponsors introduced H.R. 436, the ``Health Care Cost 
Reduction Act of 2012.'' On June 5, 2012, the Committee held a 
markup on the bill and ordered it favorably reported, as 
amended (H. Rept. 112-514). On June 5, 2012, the House passed 
H.R. 436 by a vote of 270-146 (Roll no. 361). As of January 2, 
2013, the Senate had not considered this legislation.
    The bill amends the Internal Revenue Code to: (1) repeal 
the excise tax on medical devices; (2) repeal restrictions on 
payments from health savings accounts, Archer medical savings 
accounts, and health flexible spending and reimbursement 
arrangements to only prescription drugs or insulin (thus 
allowing distributions from such accounts for over-the-counter 
drugs); (3) allow amounts in a flexible spending arrangement 
(FSA), up to $500, that are not spent for medical care to be 
distributed to the FSA participant as taxable income after the 
close of a plan year (currently, such unspent amounts are 
forfeited); and (4) repeal the limitation on the recapture of 
advance payments of the tax credit for health insurance premium 
assistance that exceed the allowable credit amount for a 
taxable year.

d. Repeal of Obamacare Act (H.R. 6079)

    On July 9, 2012, House Leader Eric Cantor and 162 
cosponsors introduced H.R. 6079, the ``Repeal of Obamacare 
Act.'' The bill passed the House by a recorded vote of 244-185 
(Roll no. 460) on July 11, 2012. As of January 2, 2013, the 
Senate had not considered this legislation.
    H.R. 6079 repeals the Patient Protection and Affordable 
Care Act, effective as of its enactment. Restores provisions of 
law amended by such Act. The bill repeals the health care 
provisions of the Health Care and Education and Reconciliation 
Act of 2010, effective as of the Act's enactment. Restores 
provisions of law amended by the Act's health care provisions.

e. Medical FSA Improvement Act of 2011 (H.R. 1004)

    On March 10, 2011, Representative Charles Boustany--along 
with five cosponsors--introduced H.R. 1004, the ``Medical FSA 
Improvement Act of 2011.'' On May 31, 2012, the Committee held 
a markup on the bill and ordered it favorably reported, as 
amended, by a vote of 23-6, and the report (H. Rept. 112-515) 
was filed on June 5, 2012. On June 1, 2012, a Rules Committee 
Print of H.R. 436 (Rules Committee Print 112-23) was posted, 
which also incorporated the text of three additional pieces of 
legislation previously marked-up by the Ways and Means 
Committee, including H.R. 1004. For further information on H.R. 
436, which subsequently passed the House, see section 2c.
    As reported by the Committee--and as subsequently 
incorporated into H.R. 436 as passed by the House--H.R. 1004 
would, effective for plan years beginning after 2012, allow 
employees with health flexible spending arrangements (FSAs) 
funded through salary reductions to ``cash out'' any remaining 
balance at the end of the year, up to $500, and have it treated 
as taxable compensation.

f. Restoring Access to Medication Act (H.R. 5842)

    On May 18, 2012, Representative Lynn Jenkins--along with 
Representative Erik Paulsen and Representative David G. 
Reichert--introduced H.R. 5842, the ``Restoring Access to 
Medication Act.'' On May 31, 2012, the Committee held a markup 
on the bill and ordered it favorably reported, as amended, by a 
vote of 24-9, and the report (H. Rept. 112-516) was filed on 
June 5, 2012. On June 1, 2012, a Rules Committee Print of H.R. 
436 (Rules Committee Print 112-23) was posted, which also 
incorporated the text of three additional pieces of legislation 
previously marked-up by the Ways and Means Committee, including 
H.R. 5842. For further information on H.R. 436, which 
subsequently passed the House, see section 2c.
    As reported by the Committee--and as subsequently 
incorporated into H.R. 436 as passed by the House--H.R. 5842 
would repeal the restrictions, which began in 2011, on the 
purchase of over-the-counter medications through flexible 
spending arrangements (FSAs), health reimbursement arrangements 
(HRAs), health savings accounts (HSAs), and Archer medical 
savings accounts (Archer MSAs) imposed by the Patient 
Protection and Affordable Care Act (``PPACA'') (P.L. 111-148).

g. To amend the Internal Revenue Code of 1986 to improve health savings 
        accounts, and for other purposes (H.R. 5858)

    On May 29, 2012, Representative Wally Herger--along with 
Representative Diane Black--introduced H.R. 5858, a bill to 
amend the Internal Revenue Code of 1986 to improve health 
savings accounts (HSAs), and for other purposes. On May 31, 
2012, the Committee marked up the bill and ordered it favorably 
reported, as amended, by a vote of 21-7, and the report (H. 
Rept. 112-517) was filed on June 5, 2012. As of January 2, 
2013, the House had not taken up the legislation.
    As ordered reported by the Committee, H.R. 5858 would (1) 
expand the ``saver's credit'' to cover contributions to HSAs, 
including both direct contributions by taxpayers and salary 
reductions through employer-sponsored cafeteria plans; (2) 
treat HSAs opened within 60 days after the establishment of the 
high-deductible health plan (HDHP) as having been opened on the 
same day as the HDHP; (3) eliminate the marriage penalty in HSA 
catch-up contributions; (4) allow veterans who have service-
connected disabilities to continue to make HSA contributions 
even if they have received VA care during the preceding three 
months; and (5) permit tax-free distributions from HSAs to be 
used for early-retiree health coverage (including surviving 
spouses) provided by a former employer, but only if the 
beneficiary is aged 55-64.

h. Sequester Replacement Reconciliation Act of 2012 (H.R. 5652)/Ways 
        and Means Committee Budget Reconciliation Legislative 
        Recommendations

    On March 29, 2012, the House of Representatives approved H. 
Con. Res. 112, the budget resolution for fiscal year 2013. 
Pursuant to section 201(b)(6) of the budget resolution, the 
Committee on Ways and Means was directed to submit to the 
Committee on the Budget recommendations for changes in law 
within the jurisdiction of the Committee on Ways and Means 
sufficient to reduce the deficit by $1,200,000,000 for the 
period of fiscal years 2012 and 2013; by $23,000,000,000 for 
the period of fiscal years 2012 through 2017; and by 
$53,000,000,000 for the period of fiscal years 2012 through 
2022. On April 18, 2012, in fulfillment of its instructions 
under the budget resolution, the Committee on Ways and Means 
marked up three budget reconciliation legislative 
recommendations and ordered those recommendations favorably 
transmitted to the Committee on the Budget. One of these 
recommendations was a health-related provision. On May 9, 2012, 
the House Budget Committee reported an original measure, the 
``Sequester Replacement Reconciliation Act of 2012'' (H.R. 
5652; H. Rept. 112-470), which contained the three budget 
reconciliation legislative recommendations that had been 
favorably transmitted by the Committee on Ways and Means. On 
May 10, 2012, the House passed H.R. 5652 by a vote of 218-199, 
with one Member voting ``Present.'' As of January 2, 2013, the 
Senate had not taken up the legislation.
    On April 18, 2012, in partial fulfillment of its 
instructions under the budget resolution, the Committee on Ways 
and Means marked up and ordered favorably transmitted to the 
Committee on the Budget a recommendation relating to the 
recapture of overpayments resulting from certain Federally-
subsidized health insurance. This recommendation was ordered 
favorably transmitted without amendment by a voice vote. It was 
subsequently included as subtitle A of title VI of H.R. 5652, 
as passed by the House on May 10, 2012. Separately, this 
language was also subsequently included in the Rules Committee 
Print of H.R. 436 (Rules Committee Print 112-23), which was 
posted on June 1, 2012. For further information on H.R. 436, 
which subsequently passed the House, see section 2g.
    The legislative recommendation favorably transmitted by the 
Committee--and subsequently included in both H.R. 5652 and H.R. 
436 as passed by the House--would require overpayments of 
certain Federally-subsidized insurance premium tax credits to 
be entirely repaid. The Patient Protection and Affordable Care 
Act of 2010 (``PPACA,'' Pub. L. No. 111-148) and the Health 
Care and Education Reconciliation Act (``HCERA,'' Pub. L. No. 
111-152) provided for refundable tax credits for certain 
Federally-subsidized health insurance policies and capped the 
amount of credit overpayments that can be recouped. The 
Committee's recommendation would repeal section 36B(f)(2)(B) of 
the Internal Revenue Code of 1986, as added by PPACA and 
subsequently amended by Pub. L. No. 111-309 and Pub. L. No. 
112-9, thereby requiring full repayment of such overpayments.

i. Spending Reduction Act of 2012 (H.R. 6684)

    On December 19, 2012, Majority Leader Eric Cantor 
introduced H.R. 6684, the ``Spending Reduction Act of 2012.'' 
On December 20, 2012, the House passed H.R. 6684 under a rule 
by a vote of 215-209, with one Member voting present. As of 
January 2, 2013, the Senate had not taken up the legislation.
    As passed by the House, H.R. 6684 closely resembled--and 
with respect to its health-related provision, was identical 
to--the text of the ``Sequester Replacement Reconciliation Act 
of 2012'' (H.R. 5652), which previously passed the House on May 
10, 2012.
    Among other provisions, H.R. 6684 would require 
overpayments of certain Federally-subsidized insurance premium 
tax credits to be entirely repaid. The Patient Protection and 
Affordable Care Act of 2010 (``PPACA,'' Pub. L. No. 111-148) 
and the Health Care and Education Reconciliation Act 
(``HCERA,'' Pub. L. No. 111-152) provided for refundable tax 
credits for certain Federally-subsidized health insurance 
policies and capped the amount of credit overpayments that can 
be recouped. The Committee's recommendation would repeal 
section 36B(f)(2)(B) of the Internal Revenue Code of 1986, as 
added by PPACA and subsequently amended by Pub. L. No. 111-309 
and Pub. L. No. 112-9, thereby requiring full repayment of such 
overpayments. This language was also previously included in 
H.R. 436, which passed the House on June 7, 2012.

j. Medicare IVIG Access and Strengthening Medicare and Repaying 
        Taxpayers Act of 2012 (H.R. 1845, as amended)

    On May 11, 2011, Representative Kevin Brady and 14 
cosponsors introduced H.R. 1845, the ``Medicare IVIG Access and 
Strengthening Medicare and Repaying Taxpayers Act of 2102. On 
December 19, the House passed H.R. 1845, as amended, by a 
recorded vote of 401-3 (Roll no. 634). On December 21, 2012, 
the Senate passed the bill without further amendment by 
unanimous consent. As of January 2, 2013 the President had not 
signed the bill into law.
    As passed by the House, H.R. 1845 establishes a three-year 
demonstration project providing comprehensive Part B coverage, 
including items and services, for up to 4,000 beneficiaries 
with primary immunodeficiency diseases (PID) to have IVIG 
administered in their home. The bill also requires CMS to issue 
an interim report on the demonstration's impact on beneficiary 
access to IVIG in the home setting and a final report to assess 
whether changes in how Medicare Part B pays for IVIG are 
warranted.
    H.R. 1845, as amended, included provisions from H.R. 1063, 
the ``Strengthening Medicare and Repaying Taxpayers Act of 
2012'' (SMART Act), which was introduced by Representative Tim 
Murphy and 1 cosponsor. The SMART Act was reported favorably by 
the Energy and Commerce Committee on September 20, 2012 by 
voice vote. The SMART Act requires that CMS maintain a web 
portal whereby individual beneficiaries can access the final 
claims amount from a website and for use in Medicare Secondary 
Payer (MSP) settlement, ensures that the Government does not 
spend more money pursuing an MSP claim than it might recover 
from that claim; directs CMS to develop an alternative to 
requiring the use of Social Security numbers as the identifier 
defendants must file with CMS, and establishes a three-year 
statute of limitations for all MSP claims.

k. Medicare Identity Theft Prevention Act of 2012 (H.R. 1509, as 
        amended)

    On April 12, 2011, Congressman Johnson and 1 cosponsor 
introduced H.R. 1509, ``The Medicare Identity Theft Prevention 
Act of 2011.'' On December 20, 2012, the House passed H.R. 
1509, as amended, by voice vote. On August 1, 2012, the 
Subcommittees on Social Security and Health held a hearing on 
removing SSNs from beneficiaries' Medicare cards.
    H.R. 1509 directs the Secretary of HHS to establish cost-
effective procedures to ensure that an SSN is not displayed, 
coded, or embedded on the Medicare card within three years of 
enactment. Funds from the Medicare Improvement Fund are made 
available to fully offset implementation costs. H.R. 1509, as 
amended, includes a requirement that the GAO study moving to 
``smart card technology'' for Medicare beneficiary cards and 
provider membership cards based on legislation introduced by 
Representative Gerlach (H.R. 2925, the ``Medicare Common Access 
Card Act of 2011'').

a. Full Committee Hearings

    On January 26, 2011, the full Committee received testimony 
on the economic and regulatory impact of the Patient Protection 
and Affordable Care Act (P.L. 111-148) and the Health Care and 
Education Reconciliation Act of 2010 (P.L. 111-152) and how law 
is affecting job growth and retention from (i) Austan Goolsbee, 
Ph.D., Chairman, Council of Economic Advisors; (ii) Douglas 
Holtz-Eakin, Ph.D., President, American Action Forum; (iii) 
Scott Womack, President, Womack Restaurants; and (iv) Joe 
Olivo, Owner/CEO, Perfect Printing. The hearing examined the 
impact the new taxes and new federal regulatory requirements, 
including the shared responsibility employer requirement, were 
having on job creation and small business.
    On February 10, 2011, the full Committee received testimony 
about the impact the Patient Protection and Affordable Care Act 
(P.L. 111-148) and the Health Care and Education Reconciliation 
Act of 2010 (P.L. 111-152) are having on the Medicare program 
and its beneficiaries from (i) Donald M. Berwick M.D., 
Administrator, Centers for Medicare and Medicaid Services; and 
(ii) Richard S. Foster, Chief Actuary, Centers for Medicare and 
Medicaid Services. The hearing examined the impact these laws 
will have on the Medicare program and its beneficiaries.
    On July 10, 2012, the Committee held a hearing on the tax 
ramifications of the Supreme Court's ruling on the Democrats' 
Health Care Law. The hearing focused on the implications of the 
Supreme Court's ruling that the individual mandate is 
constitutional on the grounds that it is a tax and that 
Congress has the broad power to levy taxes far beyond the 
historic scope of raising revenue. The Committee received 
testimony from (i) Steven G. Bradbury, Partner, Dechert LLP; 
(ii) Carrie Severino, Chief Counsel, Policy Director, Judicial 
Crisis Network; (iii) Lee A. Casey, Partner, Baker Hostetler; 
and (iv) Walter Dellinger, Partner, O'Melveny & Myers LLP.

b. Subcommittee Hearings

    On March 15, 2011, the Subcommittee received testimony on 
MedPAC's March 2011 Report to Congress from Glen M. Hackbarth, 
Chairman, Medicare Payment Advisory Commission. The hearing 
focused on MedPAC's March 2011 Report to the Congress on 
Medicare payment policies and recommendations.
    On April 1, 2011, the Subcommittee on Health and the 
Subcommittee on Oversight received testimony on AARP's 
organizational structure and finances from (i) A. Barry Rand, 
Chief Executive Officer, AARP who was accompanied by, Lee 
Hammond, President, AARP Board of Directors; (ii) William 
Josephson, J.D., of Counsel Fried, Frank, Harris, Shriver & 
Jacobson LLP; and (iii) Frances R. Hill, J.D., Ph.D, Professor, 
University of Miami School of Law. The hearing focused on 
AARP's organizational structure, management of its boards, and 
financial growth over the last decade. Of particular interest 
is AARP's reliance on revenue from insurance companies and the 
expected future financial growth based on recently-enacted 
AARP-endorsed legislation and how such growth may be 
influencing AARP's lobbying activities.
    On May 12, 2011, the Subcommittee received testimony about 
Medicare payments to physicians from (i) Stuart Guterman, Vice 
President, Payment and System Reform, Executive Director, 
Commission on a High Performance Health System, The 
Commonwealth Fund; (ii) Lisa Dulsky Watkins, MD, Associate 
Director, Vermont Blueprint for Health, Department of Vermont 
Health Access; (iii) Dana Gelb Safran, Sc.D., Sr. Vice 
President for Performance Measurement and Improvement, Blue 
Cross Blue Shield of Massachusetts; and (iv) Keith Wilson, 
M.D., Chair, Governing Board and Executive Committee, 
California Association of Physician Groups. The hearing focused 
on innovative delivery and physician payment system reform 
efforts.
    On June 22, 2011, the Subcommittee received testimony on 
the 2011 Annual Report of the Boards of Trustees of the Federal 
Hospital Insurance and Federal Supplementary Medical Insurance 
Trust Funds from (i) Charles P. Blahous, Ph.D., Public Trustee, 
Social Security and Medicare Boards of Trustees; and (ii) 
Robert Reischauer, Ph.D., Public Trustee, Social Security and 
Medicare Boards of Trustees. The hearing focused on the 
Medicare program's financial status.
    On September 9, 2011, the Subcommittee received testimony 
on how health care spending and costs are impacted by mergers 
and acquisitions in the health care sector from (i) Martin 
Gaynor, Ph.D., Professor, John Heinz III School of Public 
Policy and Management, Carnegie Mellon University; (ii) Paul B. 
Ginsburg, Ph.D., President, Center for Studying Health System 
Change; (iii) Dianne Kiehl, Executive Director, Business Health 
Care Group; (iv) Michael Guarino, Member, Board of Directors, 
Ambulatory Surgery Center Association; and (v) David Balto, 
Senior Fellow, Center for American Progress Action Fund. The 
hearing focused on the impact health care consolidation is 
having on the cost of private health insurance, Medicare 
spending, and beneficiary costs.
    On September 21, 2011, the Subcommittee received testimony 
on certain expiring Medicare provider payment provisions from 
(i) Rich Umbdenstock, President, American Hospital Association; 
(ii) Stephen Williamson, President, American Ambulance 
Association; (iii) Robert Wah, MD, Chairman, Board of Trustees, 
American Medical Association; (iv) Justin Moore, Vice President 
of Government Affairs, American Physical Therapy Association; 
and (v) A. Bruce Steinwald, President, Steinwald Consulting. 
The hearing focused on certain expiring Medicare provider 
payment provisions and the impact these provisions have on 
program spending, health care providers, and beneficiaries.
    On February 7, 2012, the Subcommittee held a hearing on 
programs that reward physicians who deliver high quality and 
efficient care. The Subcommittee received testimony from (i) 
Lewis G. Sandy, MD, Senior Vice President, Clinical 
Advancement, UnitedHealth Group; (ii) David Share, MD, MPH, 
Vice President, Value Partnerships, Blue Cross Blue Shield 
Michigan (BCBSM); (iii) Jack Lewin, MD, Chief Executive 
Officer, American College of Cardiology; (iv) John L. Bender, 
MD, President & CEO, Miramont Family Medicine; and (v) Len 
Nichols, Director, Center for Health Policy Research and 
Ethics. The hearing focused on innovative quality and 
efficiency recognition and reward programs developed by 
physicians and private payers.
    On March 6, 2012, the Subcommittee received testimony about 
the Independent Payment Advisory Board from (i) Scott Gottlieb, 
M.D., Resident Fellow, American Enterprise Institute for Public 
Policy Research; (ii) Katherine Beh Neas, Senior Vice 
President, Government Relations Easter Seals, Office Of Public 
Affairs; (iii) David F. Penson, M.D., MPH, Vice Chair, Health 
Policy Council, American Urological Association; and (iv) 
Marilyn Moon, Ph.D., Senior Vice President and Director, Health 
Program, American Institutes for Research. The hearing examined 
the impact Sections 3403 and 10320 of the ``Patient Protection 
and Affordable Care Act'' (P.L. 111-148) will have on the 
Medicare program, its beneficiaries, and health care providers.
    On March 29, 2012, the Subcommittee received testimony 
about the individual and employer mandates in the ``Patient 
Protection and Affordable Care Act'' (P.L. 112-148) and 
``Health Care and Education Reconciliation Act'' (P.L. 112-152) 
from (i) Carrie Severino, Chief Counsel, Policy Director, 
Judicial Crisis Network; (ii) Steven G. Bradbury, Partner, 
Dechert LLP; (iii) Joseph D. Henchman, Vice President, Legal 
Projects, Tax Foundation; (iv) Neil S. Siegel, Professor of Law 
and Political Science, Duke University School of Law; (v) Diana 
Furchtgott-Roth, Senior Fellow, Manhattan Institute for Policy 
Research; (vi) Sylvester J. Schieber, Consultant, Council for 
Affordable Health Coverage; (vii) Thomas J. Shaw, President, 
Barton Mutual Insurance Company; and (viii) Stephen LaMontagne, 
President and CEO, Georgetown Cupcake, Inc. The hearing focused 
on the constitutional questions surrounding the individual 
mandate and the economic impact of the employer mandate.
    On April 27, 2012, the Subcommittee held a hearing on 
Medicare Premium Support Proposals. The Subcommittee received 
testimony from (i) The Honorable John B. Breaux, Senior 
Counsel, Patton Boggs LLP; (ii) Alice M. Rivlin, Ph.D., Senior 
Fellow, Economic Studies, Brookings; (iii) Joseph R. Antos, 
Ph.D., Wilson H. Taylor Scholar in Health Care and Retirement 
Policy, American Enterprise Institute; and (iv) Henry J. Aaron, 
Ph.D., Senior Fellow, Economic Studies, Brookings. The hearing 
reviewed the bipartisan support for implementing a premium 
support system in order to modernize the Medicare benefit while 
also improving the program's long-term financial solvency.
    On May 9, 2012, the Subcommittee held a hearing on the 
Medicare Durable Medical Equipment Competitive Bidding Program. 
The Subcommittee received testimony from (i) Laurence Wilson, 
Director of the Chronic Care Policy Group, Center for Medicare, 
Centers for Medicare and Medicaid Services; (ii) Kathleen King, 
Director, Health Care, Government Accountability Office; (iii) 
Joel D. Marx, Chair, Board of Directors, American Association 
for Homecare; (iv) H. Wayne Sale, Chair, Board of Directors, 
National Association of Independent Medical Equipment 
Suppliers; (v) Dino Martis, President, Ablecare Medical, Inc.; 
and (vi) Alfred J. Chiplin, Jr., Senior Policy Attorney, Center 
for Medicare Advocacy, Inc. The hearing focused on the impact 
of the DMEPOS competitive bidding program on beneficiaries, 
suppliers, and Medicare expenditures and the implications for 
program expansion.
    On June 19, 2012, the Subcommittee held a hearing on 
MedPAC's June Report to Congress. The hearing focused on 
MedPAC's June 2012 Report to Congress. The Subcommittee 
received testimony from Glen M. Hackbarth, Chairman, Medicare 
Payment Advisory Commission.
    On July 24, 2012, the Subcommittee held a hearing on 
physician organization efforts to promote high quality care and 
implications for Medicare physician payment reform. The hearing 
focused on how physician organization efforts to promote 
quality and efficiency can inform Medicare physician payment 
reform. The Subcommittee received testimony from (i) Colonel 
(Retired) Lawrence Riddles, M.D., President of the Board, 
American College of Physician Executives; (ii) David L. 
Bronson, M.D., President, American College of Physicians; (iii) 
Michael L. Weinstein, M.D., Chair, Registry Board, American 
Gastroenterological Association; (iv) Peter J. Mandell, M.D., 
Chair, American Academy of Orthopaedic Surgeons Council on 
Advocacy; (v) Aric R. Sharp, FACHE, CaPE, CEO, Quincy Medical 
Group; and (vi) John Jenrette, M.D., CEO, Sharp Community 
Medical Group.
    On August 1, 2012, the Subcommittee on Health and the 
Subcommittee on Social Security held a joint hearing on 
removing Social Security numbers from Medicare cards. The 
hearing: examined options for removing SSNs from Medicare 
cards, including the cost and impact of doing so, along with 
why CMS has failed to develop and execute a plan to remove the 
SSN from beneficiary Medicare cards. The Subcommittee received 
testimony from (i) Tony Trenkle, Chief Information Officer and 
Director, Office of Information Services, Centers for Medicare 
and Medicaid Services, Department of Health and Human Services, 
Baltimore, MD and (ii) Kathleen King, Director, Health Care, 
accompanied by Daniel Bertoni, Director, Education, Workforce, 
and Income Security, Government Accountability Office.
    On September 12, 2012, the Subcommittee held a hearing on 
Implementation of Health Insurance Exchanges and Related 
Provisions. The hearing focused on the implementation status of 
health insurance exchanges and related regulations. The 
Subcommittee received testimony from (i) The Honorable Michael 
Consedine, Commissioner, Office of the Commissioner, Department 
of Insurance; (ii) E.. Neil Trautwein, Vice President, Employee 
Benefits Policy Counsel, National Retail Federation; (iii) 
Daniel T. Durham, Executive Vice President, Policy and 
Regulatory Affairs, America's Health Insurance Plans; (iv) 
James F. Blumstein, University Professor of Constitutional Law 
and Health Law & Policy, Vanderbilt Law School; and (v) Heather 
Howard, Director, State Health Reform Assistance Network, 
Lecturer In Public Affairs, Woodrow Wilson School of Public and 
International Affairs, Princeton University.
    On September 21, 2012, the Subcommittee held a hearing on 
Medicare Health Plans. The hearing examined the current status 
of the MA program, including SNPs and Medicare Cost Plans. The 
Subcommittee received testimony from (i) James Cosgrove, 
Director, Health Care, U.S. Government Accountability Office; 
(ii) James Capretta, Fellow, Ethics and Public Policy Center; 
(iii) Karen Ignagni, President and Chief Executive Officer, 
America's Health Insurance Plans; (iv) Tim Schwab, M.D., Chief 
Medical Officer, SCAN Health Plan; (v) John Tallent, Chief 
Executive Officer, Medical Associates Clinic & Health Plans; 
and (vi) Marsha Gold, Senior Fellow, Mathematica Policy 
Research.

            D. Legislative Review of Human Resources Issues


  1. HUMAN RESOURCES BILLS ENACTED INTO LAW DURING THE 112TH CONGRESS

a. Child and Family Services Improvement and Innovation Act (P.L. 112-
        34)

    On September 12, 2011, Representatives Geoff Davis and 
Lloyd Doggett introduced H.R. 2883, the ``Child and Family 
Services Improvement and Innovation Act.'' H.R. 2883 
reauthorized two child welfare programs, Stephanie Tubbs Jones 
Child Welfare Services and Promoting Safe and Stable Families, 
through FY2016 at current funding levels. Further, the bill 
reauthorized the Court Improvement Program but set aside $20 
million from the Promoting Safe and Stable Families program for 
this purpose instead of providing a separate additional 
appropriation. H.R. 2883 also reauthorized, through FY2014, the 
U.S. Department of Health and Human Services' (HHS's) authority 
to grant new child welfare waivers (a provision already passed 
by voice vote in the House on May 31, 2011 under H.R. 1194, a 
bill to renew the authority of the Secretary of HHS to approve 
demonstration projects designed to test innovative strategies 
in State child welfare programs). In addition, the bill ended 
the Mentoring Children of Prisoners program while adding 
mentoring as a purpose of the Promoting Safe and Stable 
Families Program.
    Besides the reauthorization provisions, H.R. 2883 also 
provided several child welfare program improvements. The bill 
revised the current requirement for caseworkers to visit foster 
youth each month to better capture the percentage of visits 
actually made in the year and ensure a substantial percentage 
of visits occur in the home. H.R. 2883 also broadened the focus 
of current regional grants for helping parents with substance 
abuse issues by permitting States to focus on the most critical 
substance abuse issues while capping funds for administrative 
purposes at 5 percent. Further, the bill improved data matching 
and program integrity by requiring standardized data and HHS 
coordination of data exchanges across State child welfare 
programs. The bill also modified State requirements on serving 
foster youth to better meet children's needs, including 
responding to emotional trauma and addressing developmental 
needs. In addition, the bill required States to better document 
spending on post-adoption services and HHS to compile child 
welfare spending data and post it on their website. Finally, 
H.R. 2883 required HHS to evaluate the effectiveness of 
regional grants to help parents with substance abuse issues and 
GAO to investigate duplication in child welfare programs and to 
report on the time families must wait for substance abuse or 
other services.
    On September 19, 2011, the Committee marked up the bill and 
ordered it favorably reported by a voice vote. On September 21, 
2011, the House suspended the rules and passed the bill as 
amended by a recorded vote of 395-25. The Senate passed H.R. 
2883 without amendment by voice vote on September 22, 2011. The 
President signed H.R. 2883 into law on September 30, 2011.

b. Short-Term TANF Extension Act (P.L. 112-35)

    On September 15, 2011, Representative Geoff Davis 
introduced H.R. 2943, the ``Short-Term TANF Extension Act.'' 
H.R. 2943 extended the current $16.5 billion per year TANF 
block grant, along with associated programs (except the TANF 
supplemental grants which expired on June 30, 2011), at their 
current funding levels through December 31, 2011. According to 
the Congressional Budget Office, the bill did not increase the 
deficit. On September 21, 2011, the House suspended the rules 
and passed it by voice vote. The Senate passed H.R. 2943 
without amendment by voice vote on September 23, 2011. The 
President signed H.R. 2943 into law on September 30, 2011.

         2. HUMAN RESOURCES PROPOSALS DURING THE 112TH CONGRESS

H.R. 4282  International Child Support Recovery Improvement Act of 2012

    On March 28, 2012, Representative Rick Berg and nineteen 
cosponsors introduced H.R. 4282, the ``International Child 
Support Recovery Improvement Act of 2012.'' The House suspended 
the rules and passed the bill, as amended, by voice vote on 
June 6, 2012. The bill was referred to the Senate Committee on 
Finance on June 6, 2012.
    H.R. 4282 amends part D (Child Support and Establishment of 
Paternity) of title IV of the Social Security Act (SSA) to 
direct the Secretary of HHS to use the authorities otherwise 
provided by law to ensure U.S. compliance with any multilateral 
child support convention to which the United States is a party. 
It also authorizes access to the Federal Parent Locator Service 
(FPLS) by an entity designated as a Central Authority for child 
support enforcement in a foreign reciprocating country or a 
foreign treaty country (for which the 2007 Family Maintenance 
Convention is in force) so that foreign reciprocating countries 
will be notified of the state of residence of individuals 
sought for support enforcement.
    The bill directs the Secretary of HHS to designate: (1) a 
nonproprietary and interoperable data exchange standard for any 
category of information required to be reported under SSA title 
IV part D, and (2) data exchange standards to govern reporting 
of such data. It increases from 24 to 48 months the length of 
time information entered into the database maintained by the 
National Directory of New Hires shall remain before being 
deleted. Finally, the bill revises the authority of the 
Secretary of HHS to provide access to data in each component of 
the FPLS and to information reported by employers for certain 
research purposes. It limits such research to any undertaken by 
a state or federal agency for purposes likely to contribute to 
achieving the purposes of part A of title IV of the SSA 
(Temporary Assistance for Needy Families or TANF) or in part D 
of title IV of the SSA.

H.R. 5652  Sequester Replacement Reconciliation Act of 2012/Ways and 
        Means Committee Budget Reconciliation Legislative 
        Recommendations

    On April 27, 2012, the Committee print, ``Budget 
Reconciliation Legislative Recommendations Relating to Repeal 
of Block Grants to States for Social Services'' was favorably 
transmitted by the Committee without amendment to the House 
Budget Committee by a roll call vote of 22-14. The Committee 
print repealed sections 2001 through 2007 of title XX of the 
Social Security Act, ending authorization for the $1.7 billion 
Social Services Block Grant on September 30, 2012. On May 9, 
2012, the Committee on the Budget favorably reported H.R. 5652, 
the ``Sequester Replacement Reconciliation Act of 2012,'' 
containing the transmitted legislative recommendations from the 
Committee, including the repeal of the SSBG. On May 10, 2012, 
the House passed H.R. 5652 by a recorded vote of 218-199, with 
one Member voting ``Present.''

H.J. Res. 118  Providing for congressional disapproval under chapter 8 
        of title 5, United States Code, of the rule submitted by the 
        Office of Family Assistance of the Administration for Children 
        and Families of the Department of Health and Human Services 
        relating to waiver and expenditure authority under section 1115 
        of the Social Security Act (42 U.S.C. 1315) with respect to the 
        Temporary Assistance for Needy Families program.

    On September 11, 2012, Chairman Dave Camp and twenty-four 
cosponsors introduced H.J. Res. 118, a resolution disapproving 
of the Administration's July 2012 rule claiming it had the 
authority to grant states waivers relating to compliance with 
work participation requirements under the TANF program. The 
Committee on Ways and Means held a mark-up on H.J. Res. 118 on 
September 13, 2012, and reported the bill favorably. (H. Rept. 
112-677 Part I). The Committee on Education and the Workforce 
also held a mark-up on H.J. Res. 118 on September 13, 2012 and 
reported the bill favorably. (H. Rept. 112-677 Part II). The 
House passed H.J. Res 118 by a recorded vote of 250-164 on 
September 20, 2012. (Roll no. 589). The bill was received in 
the Senate on September 21, 2012. Previously, on July 18, 2012, 
Chairman Camp, along with Chairman Kline of the Committee on 
Education and the Workforce, introduced H.R. 6140, the 
``Preserving Work Requirements for Welfare Programs Act of 
2012.'' This legislation prohibited HHS from granting waivers 
relating to compliance with TANF work requirements.

H.R. 6655  The Protect our Kids Act of 2012

    On December 13, 2012, Chairman Camp and Acting Subcommittee 
Chairman Paulsen joined with Ranking Member Lloyd Doggett and 
introduced H.R. 6655, the ``Protect our Kids Act of 2012.'' The 
House suspended the rules and passed the bill with a recorded 
vote of 330-77 on December 19, 2012. The bill was referred to 
the Senate Committee on Health, Education, Labor, and Pensions 
on December 19, 2012. The Senate approved the legislation by 
unanimous consent on January 2, 2013.
    The Protect our Kids Act of 2012 would establish a 
commission to develop recommendations to reduce child 
maltreatment deaths. The commission would contain 12 members, 
with six appointed by the President, three by the House (two 
majority, one minority), and three by the Senate (two majority, 
one minority). Each member would be required to have experience 
in one or more areas relevant to child maltreatment. The 
commission would study a variety of issues, including data on 
fatalities, prevention methods, and the adequacy of current 
programs, and then make recommendations to reduce child 
maltreatment deaths.

H.R. 6684  Spending Reduction Act of 2012

    On December 19, 2012, Majority Leader Eric Cantor 
introduced H.R. 6684, a bill to replace the sequester for one 
year with spending cuts and provide an additional $200 billion 
in savings over ten years. This bill repealed sections 2001 
through 2007 of title XX of the Social Security Act, ending 
authorization for the $1.7 billion Social Services Block Grant 
on January 1, 2013. On December 20, 2012, the House passed H.R. 
6684 by a recorded vote of 215-209, with one Member voting 
present.

          3. HUMAN RESOURCES ISSUES DURING THE 112TH CONGRESS

a. Child and Family Services Improvement and Innovation Act (P.L. 112-
        34)

    On September 12, 2011, Representatives Geoff Davis and 
Lloyd Doggett introduced H.R. 2883, the ``Child and Family 
Services Improvement and Innovation Act.'' H.R. 2883 
reauthorized two child welfare programs, Stephanie Tubbs Jones 
Child Welfare Services and Promoting Safe and Stable Families, 
through FY2016 at current funding levels. Further, the bill 
reauthorized the Court Improvement Program but set aside $20 
million from the Promoting Safe and Stable Families program for 
this purpose instead of providing a separate additional 
appropriation. H.R. 2883 also reauthorized, through FY2014, the 
U.S. Department of Health and Human Services' (HHS's) authority 
to grant new child welfare waivers (a provision already passed 
by voice vote in the House on May 31, 2011 under H.R. 1194, a 
bill to renew the authority of the Secretary of HHS to approve 
demonstration projects designed to test innovative strategies 
in State child welfare programs). In addition, the bill ended 
the Mentoring Children of Prisoners program while adding 
mentoring as a purpose of the Promoting Safe and Stable 
Families Program.
    Besides the reauthorization provisions, H.R. 2883 also 
provided several child welfare program improvements. The bill 
revised the current requirement for caseworkers to visit foster 
youth each month to better capture the percentage of visits 
actually made in the year and ensure a substantial percentage 
of visits occur in the home. H.R. 2883 also broadened the focus 
of current regional grants for helping parents with substance 
abuse issues by permitting States to focus on the most critical 
substance abuse issues while capping funds for administrative 
purposes at 5 percent. Further, the bill improved data matching 
and program integrity by requiring standardized data and HHS 
coordination of data exchanges across State child welfare 
programs. The bill also modified State requirements on serving 
foster youth to better meet children's needs, including 
responding to emotional trauma and addressing developmental 
needs. In addition, the bill required States to better document 
spending on post-adoption services and HHS to compile child 
welfare spending data and post it on their website. Finally, 
H.R. 2883 required HHS to evaluate the effectiveness of 
regional grants to help parents with substance abuse issues and 
GAO to investigate duplication in child welfare programs and to 
report on the time families must wait for substance abuse or 
other services.
    On September 19, 2011, the Committee marked up the bill and 
ordered it favorably reported by a voice vote. On September 21, 
2011, the House suspended the rules and passed the bill as 
amended by a recorded vote of 395-25. The Senate passed H.R. 
2883 without amendment by voice vote on September 22, 2011. The 
President signed H.R. 2883 into law on September 30, 2011.

b. Short-Term TANF Extension Act (P.L. 112-35)

    On September 15, 2011, Representative Geoff Davis 
introduced H.R. 2943, the ``Short-Term TANF Extension Act.'' 
H.R. 2943 extended the current $16.5 billion per year TANF 
block grant, along with associated programs (except the TANF 
supplemental grants which expired on June 30, 2011), at their 
current funding levels through December 31, 2011. According to 
the Congressional Budget Office, the bill did not increase the 
deficit. On September 21, 2011, the House suspended the rules 
and passed it by voice vote. The Senate passed H.R. 2943 
without amendment by voice vote on September 23, 2011. The 
President signed H.R. 2943 into law on September 30, 2011.

         2. HUMAN RESOURCES PROPOSALS DURING THE 112TH CONGRESS

H.R. 4282  International Child Support Recovery Improvement Act of 2012

    On March 28, 2012, Representative Rick Berg and nineteen 
cosponsors introduced H.R. 4282, the ``International Child 
Support Recovery Improvement Act of 2012.'' The House suspended 
the rules and passed the bill, as amended, by voice vote on 
June 6, 2012. The bill was referred to the Senate Committee on 
Finance on June 6, 2012.
    H.R. 4282 amends part D (Child Support and Establishment of 
Paternity) of title IV of the Social Security Act (SSA) to 
direct the Secretary of HHS to use the authorities otherwise 
provided by law to ensure U.S. compliance with any multilateral 
child support convention to which the United States is a party. 
It also authorizes access to the Federal Parent Locator Service 
(FPLS) by an entity designated as a Central Authority for child 
support enforcement in a foreign reciprocating country or a 
foreign treaty country (for which the 2007 Family Maintenance 
Convention is in force) so that foreign reciprocating countries 
will be notified of the state of residence of individuals 
sought for support enforcement.
    The bill directs the Secretary of HHS to designate: (1) a 
nonproprietary and interoperable data exchange standard for any 
category of information required to be reported under SSA title 
IV part D, and (2) data exchange standards to govern reporting 
of such data. It increases from 24 to 48 months the length of 
time information entered into the database maintained by the 
National Directory of New Hires shall remain before being 
deleted. Finally, the bill revises the authority of the 
Secretary of HHS to provide access to data in each component of 
the FPLS and to information reported by employers for certain 
research purposes. It limits such research to any undertaken by 
a state or federal agency for purposes likely to contribute to 
achieving the purposes of part A of title IV of the SSA 
(Temporary Assistance for Needy Families or TANF) or in part D 
of title IV of the SSA.

H.R. 5652  Sequester Replacement Reconciliation Act of 2012/Ways and 
        Means Committee Budget Reconciliation Legislative 
        Recommendations

    On April 27, 2012, the Committee print, ``Budget 
Reconciliation Legislative Recommendations Relating to Repeal 
of Block Grants to States for Social Services'' was favorably 
transmitted by the Committee without amendment to the House 
Budget Committee by a roll call vote of 22-14. The Committee 
print repealed sections 2001 through 2007 of title XX of the 
Social Security Act, ending authorization for the $1.7 billion 
Social Services Block Grant on September 30, 2012. On May 9, 
2012, the Committee on the Budget favorably reported H.R. 5652, 
the ``Sequester Replacement Reconciliation Act of 2012,'' 
containing the transmitted legislative recommendations from the 
Committee, including the repeal of the SSBG. On May 10, 2012, 
the House passed H.R. 5652 by a recorded vote of 218-199, with 
one Member voting ``Present.''

H.J. Res. 118  Providing for congressional disapproval under chapter 8 
        of title 5, United States Code, of the rule submitted by the 
        Office of Family Assistance of the Administration for Children 
        and Families of the Department of Health and Human Services 
        relating to waiver and expenditure authority under section 1115 
        of the Social Security Act (42 U.S.C. 1315) with respect to the 
        Temporary Assistance for Needy Families program.

    On September 11, 2012, Chairman Dave Camp and twenty-four 
cosponsors introduced H.J. Res 118, a resolution disapproving 
of the Administration's July 2012 rule claiming it had the 
authority to grant states waivers relating to compliance with 
work participation requirements under TANF program. The 
Committee on Ways and Means held a mark-up on H.J. Res 118 on 
September 13, 2012, and reported the bill favorably. (H. Rept. 
112-677 Part I). The Committee on Education and the Workforce 
also held a mark-up on H.J. Res. 118 on September 13, 2012 and 
reported the bill favorably. (H. Rept. 112-677 Part II). The 
House passed H.J. Res 118 by a recorded vote of 250-164 on 
September 20, 2012. (Roll no. 589). The bill was received in 
the Senate on September 21, 2012. Previously, on July 18, 2012, 
Chairman Camp, along with Chairman Kline of the Committee on 
Education and the Workforce, introduced H.R. 6140, the 
``Preserving Work Requirements for Welfare Programs Act of 
2012.'' This legislation prohibited HHS from granting waivers 
relating to compliance with TANF work requirements.

H.R. 6655  The Protect our Kids Act of 2012

    On December 13, 2012, Chairman Camp and Acting Subcommittee 
Chairman Paulsen joined with Ranking Member Lloyd Doggett and 
introduced H.R. 6655, the ``Protect our Kids Act of 2012.'' The 
House suspended the rules and passed the bill with a recorded 
vote of 330-77 on December 19, 2012. The bill was referred to 
the Senate Committee on Health, Education, Labor, and Pensions 
on December 19, 2012.
    The Protect our Kids Act of 2012 would establish a 
commission to develop recommendations to reduce child 
maltreatment deaths. The commission would contain 12 members, 
with six appointed by the President, three by the House (two 
majority, one minority), and three by the Senate (two majority, 
one minority). Each member would be required to have experience 
in one or more areas relevant to child maltreatment. The 
commission would study a variety of issues, including data on 
fatalities, prevention methods, and the adequacy of current 
programs, and then make recommendations to reduce child 
maltreatment deaths.

H.R. 6684  Spending Reduction Act of 2012

    On December 19, 2012, Majority Leader Eric Cantor 
introduced H.R. 6684, a bill to replace the sequester for one 
year with spending cuts and provide an additional $200 billion 
in savings over ten years. This bill repealed sections 2001 
through 2007 of title XX of the Social Security Act, ending 
authorization for the $1.7 billion Social Services Block Grant 
on January 1, 2013. On December 20, 2012, the House passed H.R. 
6684 by a recorded vote of 215-209, with one Member voting 
present.

          3. HUMAN RESOURCES ISSUES DURING THE 112TH CONGRESS

a. Unemployment Insurance Issues

    On February 10, 2011, the Subcommittee received testimony 
on improving efforts to help unemployed Americans find jobs 
from (i) Kristen Cox, Executive Director, Utah Workforce 
Services; (ii) Tom Pauken, Chairman, Texas Workforce 
Commission; (iii) Heather Boushey, Ph.D., Senior Economist, 
Center for American Progress; and (iv) Douglas J. Holmes, 
President, UWC-Strategic Services on Unemployment and Workers' 
Compensation. The hearing focused on current policies and 
programs designed to help unemployed individuals return to work 
and how they can be improved.
    On May 5, 2011, Chairman Dave Camp with two original 
cosponsors, Human Resources Subcommittee Chairman Geoff Davis 
and Representative Rick Berg, introduced H.R. 1745, the ``Jobs, 
Opportunity, Benefits, and Services (JOBS) Act of 2011.''
    Title one of the JOBS Act provides for reforms to modify 
the operation of permanent law unemployment benefits. It 
requires States to adopt a minimum standard for job searches 
required of unemployment benefit recipients; expects States to 
engage unemployment benefit recipients without high school 
degrees in education and training as a condition of 
eligibility; and allows States to apply for waivers of Federal 
unemployment laws. It also provides for a data element and 
reporting standardization to improve information sharing.
    Title two of the JOBS Act provides all States new 
flexibility in spending their share of the $31 billion in 
remaining temporary Federal unemployment funds. Under the JOBS 
Act, States could use this money to continue paying current 
Federal unemployment benefits, or instead pass laws that would 
use some or all of this Federal money to keep unemployment 
taxes down or otherwise promote employment, as needed by local 
conditions.
    The Committee held a mark-up on May 11, 2011. The bill was 
ordered favorably reported, as amended, by a vote of 20-14 (H. 
Rept. 112-87). The bill was placed on the Union Calendar, 
Calendar No. 48 on May 23, 2011. Through January 2, 2013, no 
further action had been taken by the House on H.R. 1745.
    On April 25, 2012, the Subcommittee received testimony from 
(i) The Honorable Jane Oates, Assistant Secretary, Employment 
and Training Administration, U.S. Department of Labor; (ii) 
Darrell Gates, Deputy Commissioner, New Hampshire Department of 
Employment Security; (iii) Larry Temple, Executive Director, 
Texas Workforce Commission; (iv) Wayne Vroman, Ph.D., Senior 
Fellow, The Urban Institute; (v) Douglas J. Holmes, President, 
UWC--Strategic Services on Unemployment & Workers' 
Compensation; and (vi) Michael Cullen, Managing Director, 
OnPoint Technologies. The hearing focused on the implementation 
of reforms to unemployment benefits enacted in P.L. 112-96, 
``The Middle Class Tax Relief and Job Creation Act.''

b. Child Welfare and Child Support Issues

    On March 17, 2011, Representative Jim McDermott and Human 
Resources Subcommittee Chairman Geoff Davis introduced H.R. 
1194, a bill to renew the authority of the Secretary of Health 
and Human Services to approve demonstration projects designed 
to test innovative strategies in State child welfare programs. 
The House agreed to suspend the rules and pass the bill by 
voice vote on May 31, 2011.
    H.R. 1194 amends title XI of the Social Security Act to 
renew through FY2016 the authority of the Secretary of HHS to 
authorize waivers for states to conduct child welfare program 
demonstration projects likely to promote the objectives of 
parts B (Child and Family Services and Promoting Safe and 
Stable Families Programs) or E (Foster Care, Adoption 
Assistance, and Kinship Guardianship) of title IV of the Social 
Security Act Demonstration projects that may be approved 
include those designed to identify and address barriers that 
result in delays to kinship guardianship for children in foster 
care, provide early intervention and crisis intervention 
services that safely reduce out-of-home placements and improve 
child outcomes, and identify and address domestic violence that 
endangers children and results in the placement of children in 
foster care. HHS child welfare waiver authority was 
subsequently renewed by H.R. 2883, the ``Child and Family 
Services Improvement and Innovation Act,'' which the President 
signed into law on September 30, 2011.
    On June 16, 2011, the Subcommittee received testimony 
reviewing recent changes to the Stephanie Tubbs Jones Child 
Welfare Services program and the Promoting Safe and Stable 
Families program, as well as considering whether additional 
changes should be made in legislation to reauthorize these 
programs. The Subcommittee received testimony from (i) The 
Honorable Dennis R. ``Denny'' Rehberg, a Representative from 
the State of Montana; (ii) The Honorable Karen R. Bass, a 
Representative from the State of California; (iii) The 
Honorable Bryan Samuels, Commissioner, Administration on 
Children, Youth and Families, Administration for Children and 
Families, U.S. Department of Health and Human Services; (iv) 
Patricia R. Wilson, Commissioner, Department for Community 
Based Services, Kentucky Cabinet for Health and Family 
Services; (v) Lelia Baum Hopper, Director, Court Improvement 
Program, Supreme Court of Virginia; (vi) Tracy Wareing, 
Executive Director, American Public Human Services Association; 
(vii) John Sciamanna, Director, Policy and Government Affairs, 
Child Welfare, American Humane Association; and (viii) Steve 
Yager, Deputy Director, Children's Services Administration, 
Michigan Department of Human Services.
    On March 20, 2012, the Subcommittee received testimony from 
(i) S. Kay Farley, Executive Director, National Center for 
State Courts; (ii) Marilyn Stephen, Director, Office of Child 
Support, Michigan Department of Human Services; (iii) Craig 
Burlingame, Chief Information Officer, Trial Court Information 
Services, Massachusetts Court System; and (iv) Gordon Berlin, 
President, MDRC. The hearing focused on the implementing 
legislation for the Hague Convention on the International 
Recovery of Child Support and Other Forms of Family Maintenance 
and related CSE improvements.
    On December 12, 2012, the Subcommittee received testimony 
from (i) The Honorable Bill Frenzel, Guest Scholar, Brookings 
Institution; (ii) Teresa Huizar, Executive Director, National 
Children's Alliance (NCA); (iii) Madeline McClure, Executive 
Director, TexProtects (The Texas Association for the Protection 
of Children); (iv) David Sanders, Ph.D., Executive Vice 
President of Systems Improvement, Casey Family Programs. The 
hearing focused on the bipartisan proposal, the Protect our 
Kids Act (H.R. 6655). H.R. 6655 establishes a commission to 
examine the issue of child fatalities from abuse and neglect, 
review the effectiveness of current programs and policies, and 
recommend ways to reduce child fatalities due to maltreatment.

            E. Legislative Review of Social Security Issues

    Under the Budget Control Act, signed into law on August 2, 
2011, the Social Security Administration (SSA) received 
dedicated funds above the ten year domestic discretionary caps 
to conduct continuing disability reviews and Supplemental 
Security Income redeterminations. A joint June 14, 2011 
Subcommittee on Oversight and Subcommittee on Social Security 
hearing on accuracy of payments made by the SSA highlighted the 
need for additional funding to conduct these critical reviews.

                   1. USE OF SOCIAL SECURITY NUMBERS

    As a result of Subcommittee hearings and numerous press 
reports detailing the growing problem of identity theft, 
particularly against children, Subcommittee Chairman Johnson 
has introduced legislation to help protect Social Security 
numbers (SSNs) from identity thieves.
    On April 12, 2011, Subcommittee on Social Security Chairman 
Johnson and Subcommittee Member Lloyd Doggett introduced H.R. 
1509, ``The Medicare Identity Theft Prevention Act of 2011,'' 
bipartisan legislation prohibiting the inclusion of SSNs on 
Medicare cards. On August 1, 2012, the Subcommittees on Social 
Security and Health held a hearing on removing SSNs from 
beneficiaries' Medicare cards (the summary of which is included 
in Section II, B, Subcommittee on Social Security, subsection 3 
of this report and Section 1, C, Subcommittee on Health, 2, k). 
At that hearing witnesses from the Centers for Medicare and 
Medicaid (CMS) and the Government Accountability Office (GAO) 
discussed options for removing SSNs from Medicare cards, 
including the cost and impact of doing so, along with reasons 
for why the CMS has failed to act. The hearing also covered the 
history of efforts aimed at removing SSNs from Medicare cards, 
including the fact that on September 29, 2008, the House of 
Representatives passed H.R. 6600, the ``Medicare Identity Theft 
Prevention Act of 2008,'' introduced by Representatives Lloyd 
Doggett and Sam Johnson, to remove SSNs from Medicare cards by 
voice vote. Earlier that year, in a May 2008 report entitled 
``Removing Social Security Numbers from Medicare Cards,'' the 
Social Security Administration (SSA) Office of Inspector 
General recommended that the SSA proactively work with the 
Office of Management and Budget and the Congress to expedite 
the removal of SSNs from Medicare cards, based on their 
findings that displaying SSNs on Medicare cards unnecessarily 
places millions of individuals at-risk for identity theft and 
their belief that a Federal agency should not place more value 
on convenience than the security of its beneficiaries' personal 
information. On December 20, 2012, the House passed H.R. 1509 
as amended by voice vote. H.R. 1509 directs the Secretary of 
Health and Human Services to establish cost-effective 
procedures to ensure that an SSN is not displayed, coded, or 
embedded on the Medicare card. Funds from the Medicare 
Improvement Fund are made available to fully offset 
implementation costs. The bill also requires the GAO to study 
moving to ``smart card technology'' for Medicare beneficiary 
cards and provider membership cards based on legislation (H.R. 
2925, the ``Medicare Common Access Card Act of 2011) introduced 
by Representatives Gerlach and Blumenauer. The Senate did not 
take up the legislation.

                  F. Legislative Review of Debt Issues


                        1. DEBT ISSUE PROPOSALS

a. To implement the President's request to increase the statutory limit 
        on the public debt

    On May 24, 2011, Chairman Dave Camp introduced H.R. 1954, 
``To implement the President's request to increase the 
statutory limit on the public debt.'' The bill provides for an 
increase in the statutory debt limit of $2.4 trillion, the 
amount needed to implement the President's FY 2012 budget 
proposal. On May 31, 2011, the House rejected the bill under 
suspension of the rules by a vote of 97-318, with 7 voting 
present (Roll no. 379).

b. Cut, Cap, and Balance Act of 2011

    On July 15, 2011, Representative Jason Chaffetz and 117 
cosponsors introduced H.R. 2560, the ``Cut, Cap, and Balance 
Act of 2011.'' The bill was referred to the Committee on the 
Budget, and in addition to the Committees on Rules, and Ways 
and Means. On July 19, 2011, the House passed by recorded vote: 
234-190. On July 20, 2011, H.R. 2560 was received in the Senate 
and on July 22, 2011 a motion to proceed was tabled in the 
Senate by a vote of 51-46.

c. Budget Control Act of 2011

    On July 28, 2011, House Rules Committee Chairman David 
Dreier introduced H.R. 2693. H.R. 2693 failed passage on July 
30, 2011, by a rollcall vote of 173-246.

d. Relating to the disapproval of the President's exercise of authority 
        to increase the debt limit, as submitted under section 3101A of 
        title 31, United States Code, on August 2, 2011.

    On September 7, 2011, Representative Tom Reed and sixty-
seven cosponsors introduced H.J. Res. 77 ``Relating to the 
disapproval of the President's exercise of authority to 
increase the debt limit, as submitted under section 3101A of 
title 31, United States Code, on August 2, 2011.'' The 
Committee on Ways and Means discharged the resolution on 
September 12, 2011. The House passed H.J. Res. 77 by a recorded 
vote of 232-186. On September 15, 2011 H.J. Res. 77 was 
received in the Senate and read twice. The resolution was 
placed on Senate Legislative Calendar under General Orders. 
Calendar No. 168 pursuant to Public Law 112-25, Section 
301(a)(2).

             2. OTHER DEBT MATTERS--FULL COMMITTEE HEARINGS

    On March 30, 2011, the full Committee received testimony on 
impediments to jobs creation from (i) Dr. Edward Lazear, 
Professor, Stanford University; (ii) Dr. Andrew Biggs, Resident 
Scholar, American Enterprise Institute; (iii) Dr. Heather 
Boushey, Senior Economist, Center for American Progress; and 
(iv) Dr. Veronique de Rugy, Senior Research Fellow, Mercatus 
Center. The hearing focused on identifying impediments to job 
creation and the impact of budget deficits and growing debt 
levels in particular.

          G. Legislative Review of Multi-Jurisdictional Issues


          1. BILLS ENACTED INTO LAW DURING THE 112TH CONGRESS

a. Temporary Payroll Tax Cut Continuation Act of 2011 (P.L. 112-78)

    On December 23, 2011, Chairman Dave Camp introduced H.R. 
3765, the ``Temporary Payroll Tax Cut Continuation Act of 
2011.'' The bill passed the House without objection and passed 
the Senate by unanimous consent on December 23, 2011. The 
President signed the bill into law on December 23, 2011.
    H.R. 3765 extended through February 29, 2012, several 
provisions scheduled to expire on December 31, 2011: the 2-
percentage point reduction in the Social Security payroll tax 
rate applicable to employees and the self-employed, Federal 
unemployment insurance benefits provided under the Emergency 
Unemployment Compensation and Extended Benefit programs, 
Medicare Modernization Act section 508 reclassifications, the 
Medicare Work Geographic Adjustment Floor, the exceptions 
process for Medicare therapy caps, the payment for the 
technical component of certain physician pathology services, 
the payment of certain urban air ambulance services, the 
physician fee schedule mental health add-on payment, the 
outpatient hold harmless provision, the minimum payment for 
bone mass measurement, the Qualifying Individual (QI) program, 
Transitional Medical Assistance, and the Temporary Assistance 
for Needy Families (TANF) program. The legislation prevented a 
27.4 percent rate cut from being applied to Medicare physician 
payments through February 29, 2012. The legislation also 
extended through March 1, 2012 bonus and increased payments for 
ground ambulance services and increased payments for super 
rural ambulance services.
    H.R. 3765 required the Federal National Mortgage 
Association and the Federal Home Loan Mortgage Corporation to 
adjust guarantee fees and required the Federal Housing 
Administration to adjust premium amounts. Finally, the 
legislation required the President to grant a permit for the 
Keystone XL pipeline unless the President determines that the 
pipeline would not serve the national interest.

b. Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96)

    On December 9, 2011, Chairman Dave Camp--along with five 
cosponsors--introduced H.R. 3630, the ``Middle Class Tax Relief 
and Job Creation Act of 2012.'' On December 9, 2011, the bill 
was referred to the following Committees: Ways and Means, 
Energy and Commerce, Financial Services, Foreign Affairs, 
Transportation and Infrastructure, Agriculture, Oversight and 
Government Reform, House Administration, the Budget, Natural 
Resources, Rules, and Intelligence (Permanent Select). On 
December 13, 2011, the House passed H.R. 3630 by a recorded 
vote of 234-193 (Roll no. 923). On December 17, 2011, the 
Senate passed the bill, as amended (SA 1466), by Unanimous 
Consent. The Conference Report (H. Rept. 112-399) passed the 
House on February 17, 2012 by a vote of 293-132 (Roll no. 72) 
and passed the Senate by vote of 60-36 (Record Vote Number: 
22). The President signed the bill into law on February 22, 
2012 (P.L. 112-96).
            The House Bill
    The House bill contained six titles which are summarized 
below:
            Title I. Job Creation Incentives
    This section: (1) required the President to grant a permit 
for the Keystone XL pipeline unless the President determines 
that the pipeline would not serve the national interest; (2) 
directed the Administrator of the EPA to promulgate new rules 
to replace four interrelated EPA rules setting Maximum 
Achievable Control Technology (MACT) and other performance 
standards for industrial, commercial and institutional boilers 
and process heaters, and commercial and industrial solid waste 
incineration units; and (3) extended through 2012 the allowance 
for 100 percent bonus depreciation for certain business assets 
and expanded the applicability of that benefit.
            Title II. Extension of Certain Expiring Provisions and 
                    Related Measures
    This section: (1) extended through 2012 the 2-percentage 
point reduction in the Social Security payroll tax rate 
applicable to employees and the self-employed; (2) reformed 
State and Federal unemployment insurance (UI) programs to 
promote work and job creation including by allowing States to 
apply for cost-neutral waivers of Federal law, permitting 
States to drug test recipients they have determined are likely 
to be using illegal substances, reducing the maximum number of 
weeks of Emergency Unemployment Compensation benefits payable 
per person, and extending certain policies related to the 
Extended Benefit program through the end of January 2013; (3) 
extended several Medicare payment provisions including the 2011 
Medicare physician payment rates for 2012 and 2013; (4) reduced 
the deficit through several health provisions including 
recapturing an increased amount of overpayments of Federal 
subsidies to purchase health insurance included in the 
Affordable Care Act (P.L. 111-148 and P.L. 111-152) and 
limiting the facility payment for patient visit services 
furnished in the hospital outpatient department to the 
physician office rate; and (5) extended Temporary Assistance 
for Needy Families (TANF) and related programs at their current 
authorization through FY 2012 and improved program data 
standards as well as prohibited TANF benefits from being 
accessed at ATMs in strip clubs, liquor stores, and casinos.
            Title III. Flood Insurance Reform
    This section made numerous reforms to the National Flood 
Insurance Program (NFIP) including: (1) reauthorized the NFIP 
and its financing through September 20, 2016; (2) suspended 
temporarily the mandatory purchase requirement subject to 
certain conditions; (3) reformed certain terms of coverage 
including minimum deductibles and maximum coverage limits; (4) 
reformed premium rates including by increasing the annual limit 
on premium rate increases; (5) established a new technical 
mapping advisory council; and (6) required the Federal 
Emergency Management Agency (FEMA) to issue notifications to 
the general public and Members of Congress regarding changes to 
the NFIP.
            Title IV. Jumpstarting Opportunity with Broadband Spectrum 
                    Act of 2011
    This section: (1) provided spectrum auction authority and 
detailed procedures to be followed in implementing the auction; 
(2) reallocated spectrum for use by public safety entities; (3) 
established a Public Safety Communications Planning Board and 
Administrator to govern the public safety broadband spectrum; 
(4) reestablished and extended matching grants to eligible 
state or local governments or tribal organizations for the 
implementation, operation, and migration of various 9-1-1, E9-
1-1, Next Generation 9-1-1, and IP-enabled emergency services 
and public safety personnel training; (5) established processes 
for the relocation of Federal spectrum; and (6) eliminated the 
requirement that the Telecommunications Development Fund 
maintain government officials as members of its board of 
directors.
            Title V. Offsets
    This section: (1) directed the Federal Housing Finance 
Agency (FHFA) to require Fannie Mae and Freddie Mac to increase 
the guarantee fees that these Government Sponsored Enterprises 
(GSEs) charge for assuming the credit risk on the loans they 
purchase in the secondary mortgage market; (2) prevented Social 
Security overpayments by improving coordination with States and 
local governments; (3) required a Social Security Number in 
order to collect the refundable portion of the child tax 
credit; (4) ended Unemployment and Supplemental Nutrition 
Assistance program benefits for millionaires; (5) reformed the 
Civil Service and Federal Employee Retirement Systems; and (6) 
required higher-income Medicare beneficiaries to pay a larger 
share of the Part B and D premiums.
            Title VI. Miscellaneous Provisions
    This section: (1) repealed certain timing shifts of 
corporate estimated tax payments; (2) repealed a requirement 
that importers pre-pay certain fees authorized under the 
Consolidated Omnibus Budget Reconciliation Act of 1985; (3) 
included two Senate points of order related to protecting the 
Social Security Trust Fund and emergency spending; and (4) 
provided that the budgetary effects of the bill shall not be 
entered on the statutory PAYGO scorecards if the bill is 
deficit neutral over 10 years.
            Conference Report for the Middle Class Tax Relief and Job 
                    Creation Act of 2012 (P.L. 112-96)
            Title I. Extension of Payroll Tax Reduction
    The Conference Report extended through 2012 the 2-
percentage point reduction in the Social Security payroll tax 
rate applicable to employees and the self-employed.
            Title II. Unemployment Benefit Continuation and Program 
                    Improvement
    The Conference Report: (1) allowed States to apply for 
cost-neutral waivers of Federal law; (2) improved program 
integrity by better recovering unemployment insurance benefit 
overpayments; (3) standardized and provided for the exchange of 
data for improved interoperability; (4) permitted States to 
drug test recipients under certain circumstances; (5) improved 
work search for the long-term unemployed; (6) required 
participation in reemployment services for EUC benefit receipt; 
(7) extended through 2012 the Emergency Unemployment 
Compensation (EUC) and Extended Benefits (EB) programs; (8) 
changed the eligibility requirements for tiers two through four 
of the EUC program to reduce the maximum number of weeks of 
benefits payable per person over time; (9) authorized financing 
for short-time compensation agreements; and (10) increased the 
ability of States to conduct self-employment assistance 
programs.
            Title III. Medicare and Other Health Provisions
    The Conference Report adopted the House provisions to: (1) 
extend through 2012 the Medicare Work Geographic Adjustment 
Floor; (2) extend through 2012 the Qualifying Individual (QI) 
program; (3) extend through 2012 Transitional Medical 
Assistance; and (4) rebase Medicaid Disproportionate Share 
Hospital (DSH) Allotments in FY 2021.
    The Conference Report also: (1) extended higher wage 
payments to certain eligible hospitals, known as ``Section 508 
hospitals,'' through March 31, 2012; (2) extended the 
outpatient hold harmless payments for eligible rural hospitals 
and sole community hospitals (SCHs) with fewer than 100 beds 
through 2012; (3) extended the 2011 Medicare physician payment 
rates through 2012; (4) extended and reformed the exceptions 
process for the Medicare outpatient therapy caps through 2012; 
(5) extended the payment for the technical component of certain 
physician pathology services through June 30, 2012; (6) 
extended the add-on payments for air ambulance services, urban 
ground ambulance services, rural ground ambulance services, and 
ambulance trips originating in qualified ``super rural'' areas 
through December 31, 2012; (7) reduced Medicare provider bad 
debt reimbursements; (8) rebased clinical laboratory payment 
rates in 2013; (9) made a technical correction to the disaster 
recovery Federal Medical Assistance Percentage (FMAP) 
provision; and (10) reduced funding in the Prevention and 
Public Health Fund created in the Affordable Care Act (P.L. 
111-148 and P.L. 111-152).
            Title IV. TANF Extension
    The Conference Report adopted the House provisions to 
extend through FY 2012 the Temporary Assistance for Needy 
Families (TANF) and related programs, with accompanying 
reforms.
            Title V. Federal Employees Retirement
    The Conference Report: (1) increased by 2.3% the employee 
pension contribution for federal employees entering service 
after December 31, 2012, who have less than five years of 
creditable civilian service; (2) made Members of Congress and 
other congressional employees entering service after December 
31, 2012, who have less than five years of creditable civilian 
service, subject to the same pension contribution rate and 
annuity calculations as other federal employees; and (3) made 
similar changes in the pension contribution rate and annuity 
calculations for new employees entering the Foreign Service 
Pension System and the Central Intelligence Agency (CIA) 
Retirement and Disability System after December 31, 2012.
            Title VI. Public Safety Communications and Electromagnetic 
                    Spectrum Auctions
    The Conference Report adopted the House provisions to: (1) 
reallocate spectrum for use by public safety entities; (2) 
reestablish and extend matching grants to eligible state or 
local governments or tribal organizations for the 
implementation, operation, and migration of various 9-1-1, E9-
1-1, Next Generation 9-1-1, and IP-enabled emergency services 
and public safety personnel training; (3) eliminate the 
requirement that the Telecommunications Development Fund 
maintain government officials as members of its board of 
directors; and (4) establish processes for the relocation of 
Federal spectrum.
    The Conference Report also: (1) established a process for 
the governance of public safety spectrum; (2) established the 
State and Local Implementation Fund to implement a state, 
regional, tribal, and local planning and implementation grant 
program; and (3) provided spectrum auction authority and 
detailed procedures to be followed in implementing the auction.
            Title VII. Miscellaneous Provisions
    The Conference Report adopted the House provisions to: (1) 
repeal certain timing shifts of corporate estimated tax 
payments; (2) repeal a requirement that importers pre-pay 
certain fees authorized under the Consolidated Omnibus Budget 
Reconciliation Act of 1985; and (3) provide that the budgetary 
effects of the bill shall not be entered on the statutory PAYGO 
scorecards provided that the bill is deficit neutral over 10 
years.

   2. OTHER MULTI-JURISDICTIONAL PROPOSALS DURING THE 112TH CONGRESS

a. National Defense Authorization Act for Fiscal Year 2012 (H.R. 1540)

    On April 14, 2011, Armed Services Committee Chairman Howard 
P. ``Buck'' McKeon introduced the ``National Defense 
Authorization Act for Fiscal Year 2012'' (H.R. 1540), which the 
Armed Services Committee ordered favorably reported to the 
House, with an amendment, on May 11, 2011. On May 12, 2011 and 
May 16, 2011, Chairman Camp and Chairman McKeon exchanged 
letters acknowledging the jurisdiction of the Ways and Means 
Committee over various provisions in the bill, including a tax-
related provision relating to an energy grant program 
established under P.L. 111-5.
    H.R. 1540 also included a provision that would require 
future Medicare-eligible enrollees in the Uniformed Services 
Family Health Plan to enroll in Medicare when they turn 65. 
These enrollees would also receive TRICARE for Life as 
wraparound coverage once they were enrolled in Medicare. The 
Subcommittee on Health received a referral based on the 
inclusion of this provision.
    H.R. 1540 passed the House May 26, 2011, and was 
subsequently referred to the Senate Committee on Armed 
Services.

b. The American Taxpayer Relief Act of 2012 (H.R. 8)

    On July 24, 2012, Chairman Camp--along with 22 cosponsors--
introduced H.R. 8, the ``Job Protection and Recession 
Prevention Act.'' On August 1, 2012, the House passed H.R. 8, 
under a rule, by a vote of 256-171. Pursuant to H. Res. 747, in 
the engrossment of H.R. 8, the text of H.R. 6169--a separate 
measure, introduced by Rules Committee Chairman David Dreier, 
Chairman Camp, and 21 additional cosponsors, providing for 
expedited consideration of a bill providing for comprehensive 
tax reform--was added to the end of H.R. 8. On January 1, 2013, 
the Senate, by a vote of 89-8, adopted an amendment in the 
nature of a substitute and returned the bill to the House. On 
January 1, 2013, the House, by a vote of 257-167, agreed to a 
motion to concur in the Senate amendment, clearing the bill for 
the President's signature. As of January 1, 2013, the President 
had not yet signed the legislation into law.
    As originally passed by the House on August 1, 2012, H.R. 8 
would have generally extended for one year--through December 
31, 2013--various tax provisions that were originally enacted 
as part of the Economic Growth and Tax Relief Reconciliation 
Act of 2001 (``EGTRRA'') and the Jobs and Growth Tax Relief 
Reconciliation Act of 2003 (``JGTRRA'') and that were 
subsequently extended through December 31, 2012 as part of the 
Tax Relief, Unemployment Insurance Reauthorization, and Job 
Creation Act of 2010 (``TRUIRJCA''). Such provisions, which 
scheduled to expire on December 31, 2012, included: (1) lower 
marginal rates, (2) the lower rate structure on long-term 
capital gains and qualified dividends, (3) marriage penalty 
relief, (4) the $1,000 child credit, (5) repeal of the personal 
exemption phase-out and the Pease limitation, (6) increased 
small business expensing, (7) estate tax relief at the 
parameters established as part of TRUIRJCA, and (8) education-
related and other tax benefits. As originally passed by the 
House, H.R. 8 would also have provided a two-year extension of 
alternative minimum tax (AMT) relief through December 31, 2013; 
the previous AMT ``patch'' expired on December 31, 2011. 
Additionally, as noted above, as originally passed by the 
House, H.R. 8 incorporated the text of H.R. 6169, providing for 
expedited consideration of a bill providing for comprehensive 
tax reform in 2013.
    As modified by the Senate and subsequently agreed to by the 
House, H.R. 8 would generally make permanent, with certain 
modifications, various tax provisions that were originally 
enacted as part of the Economic Growth and Tax Relief 
Reconciliation Act of 2001 (``EGTRRA'') and the Jobs and Growth 
Tax Relief Reconciliation Act of 2003 (``JGTRRA'') and that 
were subsequently extended through December 31, 2012 as part of 
the Tax Relief, Unemployment Insurance Reauthorization, and Job 
Creation Act of 2010 (``TRUIRJCA''). Such provisions, which had 
expired on December 31, 2012, include: (1) lower marginal rates 
for taxpayers under certain income thresholds, (2) the lower 
rate structure on long-term capital gains and qualified 
dividends for taxpayers under certain income thresholds, (3) 
marriage penalty relief, (4) the $1,000 child credit, (5) 
repeal of the personal exemption phase-out and the Pease 
limitation for taxpayers under certain income thresholds, (6) 
increased small business expensing, (7) estate tax relief, 
generally at the parameters established as part of TRUIRJCA, 
but with a top rate of 40 percent, and (8) education-related 
and other tax benefits. As passed by both chambers and sent to 
the President, H.R. 8 would also provide a permanent extension 
of alternative minimum tax (AMT) relief (the previous AMT 
``patch'' expired on December 31, 2011); a five-year extension 
of the expansions of various refundable tax credits originally 
enacted in 2009 (which had expired on December 31, 2012); and 
an extension, generally through 2013, of a package of ``tax 
extenders''--a series of temporary tax provisions affecting 
individuals and businesses (which had generally expired in 2011 
or 2012).
    Title VI of the legislation included a number of health-
related provisions, including 12-month payment extensions to: 
prevent Medicare physician payment rates from being cut by 26.5 
percent, maintain the Work Geographic Adjustment Floor, 
continue the exceptions process to outpatient therapy caps, 
maintain payment add-ons for ground ambulance services, 
continue expanded eligibility to receive hospital low-volume 
payments, maintain Medicare dependent hospital payments, and 
continue funding the Qualified Individual program. The bill 
also will also continue to treat, for payment purposes, air 
ambulance services in certain urban-designated areas as being 
rural areas through June 30, 2013. The costs of these 
extensions were partially offset by recouping past overpayments 
resulting from hospital coding intensity, rebasing the End-
Stage Renal Disease (ESRD) payment bundle, reducing payments 
for subsequent outpatient therapy services that are performed 
on the same day, equalizing HOPD payment rates for stereotactic 
radiosurgery services, increasing the utilization rate 
assumption for advanced imaging equipment, extending 
competitively bid price reimbursements to diabetes test strips 
sold in the retail setting, reducing payment rates for non-
emergency basic life support ambulance trips to ESRD 
facilities, lengthening the statute of limitations on 
recovering Medicare overpayments, exhausting the Medicare 
Improvement Fund, and cutting payments to Medicare Advantage 
plans. The bill also eliminated the Community Living Assistance 
Services and Supports program and unobligated funding for the 
Consumer Operated and Oriented Plan program, both of which were 
created in the 2010 health care law.
    This bill also contained provisions to extend Federal 
unemployment benefits through December 31, 2013.

     3. OTHER MULTI-JURISDICTIONAL ISSUES DURING THE 112TH CONGRESS

a. Budget Hearings

    On February 15, 2011, the full Committee held a hearing to 
receive testimony from Secretary of the Treasury Timothy F. 
Geithner concerning provisions of the President's FY 2012 
budget proposal within the jurisdiction of the Committee.
    On February 16, 2011, the full Committee held a hearing to 
receive testimony from Secretary of Health and Human Services 
Kathleen Sebelius concerning provisions of the President's FY 
2012 budget proposal within the jurisdiction of the Committee.
    On February 16, 2011, the full Committee held a hearing to 
receive testimony from Jacob Lew, Director of the Office of 
Management and Budget, concerning provisions of the President's 
FY 2012 budget proposal within the jurisdiction of the 
Committee.
    On February 15, 2012, the full Committee held a hearing to 
receive testimony from Secretary of the Treasury Timothy F. 
Geithner concerning provisions of the President's FY 2013 
budget proposal within the jurisdiction of the Committee.
    On February 28, 2012, the full Committee held a hearing to 
receive testimony from Secretary of Health and Human Services 
Kathleen Sebelius concerning provisions of the President's FY 
2013 budget proposal within the jurisdiction of the Committee. 
The hearing also focused on the effects of the ``Patient 
Protection and Affordable Care Act'' (P.L. 111-148) and the 
``Health Care and Education Reconciliation Act of 2010'' (P.L. 
111-152).

                     II. OVERSIGHT ACTIVITY REVIEW


                          A. Oversight Agenda

                       Committee on Ways and Means,
                             U.S. House of Representatives,
                                 Washington, DC, February 15, 2011.
Hon. Darrell Issa,
Chairman, Committee on Oversight & Government Reform,
Rayburn House Office Bldg., Washington, DC.
Hon. Daniel E. Lungren,
Chairman, Committee on House Administration,
Longworth House Office Bldg., Washington, DC.
    Dear Chairman Issa and Chairman Lungren: In accordance with 
the requirements of clause 2 of Rule X of the Rules of the 
House of Representatives, the following is a list of oversight 
hearings and oversight-related activities that the Committee on 
Ways and Means and its Subcommittees plan to conduct during the 
112th Congress.

Matters under the Committee's Federal Budget Jurisdiction:

     Economic and Budget Outlook. Oversight hearings 
with various Administration officials to discuss current 
economic and budget conditions, including the long-term 
outlook, the state of the economy, prospects for recovery and 
long-term growth, our economic competitiveness, private sector 
job creation, and limits on the public debt.

Matters under the Committee's Tax Jurisdiction:

     Tax Reform. Hearings on simplifying and reforming 
the tax code for individuals, families, and employers in order 
to better promote economic growth and job creation.
     Priorities of the Department of the Treasury. 
Hearings with the Treasury Secretary and other Administration 
officials to receive information regarding the Administration's 
tax-related priorities for the 112th Congress. Specifically, 
discuss and consider legislative and administrative proposals 
contained in the President's fiscal year 2012 and 2013 budgets.
     Appropriate Tax Relief for Individuals, Families, 
and Employers. Hearings on appropriate tax relief measures for 
individual taxpayers, families, and employers of all sizes.
     Internal Revenue Service Operations/Administration 
of Tax Laws. Oversight of the major Internal Revenue Service 
(IRS) programs, including enforcement, collection, taxpayer 
services, returns processing, and information systems. Consider 
analyses and reports provided to the Congress by the IRS 
National Taxpayer Advocate, Treasury Inspector General for Tax 
Administration, and the Government Accountability Office (GAO). 
Oversight of IRS funding and staffing levels needed to provide 
taxpayer assistance and enforce the tax law fairly, effectively 
and efficiently. Evaluate tax return filing seasons, including 
use of paid tax preparers, electronic filing, IRS and volunteer 
taxpayer assistance programs, and the Free File Program. 
Discuss proposed funding and staffing levels for the IRS and 
legislative proposals and administrative proposals contained in 
the President's fiscal year 2012 and 2013 budgets. Review IRS 
realignment and closure of service centers and other 
facilities.
     Delivery of Tax Refunds. Oversight related to the 
delivery of Federal tax refunds via the use of debit cards to 
assist individuals who do not have access to financial accounts 
or institutions.
     Tax-Exempt Organizations. Oversight of Federal tax 
laws, regulations, and filing requirements that affect tax-
exempt organizations, particularly charities and foundations. 
Evaluate overall IRS efforts to monitor tax-exempt 
organizations, identify areas of non-compliance, prevent abuse, 
and ensure timely disclosure to the public about tax-exempt 
organization activities and finances.
     Tax Code and Tax Form Simplification. Oversight of 
tax code and tax form complexity, particularly for individuals, 
with the goal of simplification. Review areas where taxpayers 
and professional return preparers have difficulty, including 
areas where they make the most errors, and consider solutions. 
Evaluate simplification of information returns to assist 
taxpayers in determining taxable income. Examine proposals to 
close the ``tax gap'' by simplifying compliance with our tax 
laws.
     Earned Income Tax Credit (``EITC''). Oversight of 
IRS programs designed to provide tax assistance to more than 23 
million low-income working taxpayers claiming the EITC. 
Evaluate the participation and error rates within the program.
     Tax Scams. Oversight of the latest tax scams and 
tax fraud activities with a goal of protecting taxpayers and 
preventing identity theft.
     Federal Excise Taxes. Oversight review of Federal 
excise taxes, credits, and refunds, including the trust funds 
financed by these taxes.
     Pensions and Retirement Security. Oversight review 
of the financial condition, operations, and governance of the 
Pension Benefit Corporation (``PBGC''), including financial 
exposure of the PBGC.

Matters under the Committee's Health Jurisdiction:

     Priorities of the Department of Health and Human 
Services (HHS). Oversight hearing with the HHS Secretary to 
discuss priorities for the 112th Congress and concerns related 
to the delivery of health services and reimbursement under 
Medicare. Specifically, discuss and consider legislative and 
administrative proposals contained in the President's fiscal 
year 2012 and 2013 budgets.
     Medicare Part A and Part B (Fee-for-Service 
Providers). Oversight of the major Medicare programs to ensure 
efficient use of resources, quality of care, and access to 
providers for Medicare beneficiaries. Specific topics include: 
adequacy and appropriateness of provider reimbursements, 
including incentive payments; program benefits; cost sharing; 
workforce supply; the doctor-patient relationship; treatment of 
specific populations such as people with disabilities and low-
income beneficiaries; quality improvement efforts; 
implementation of recently enacted Medicare legislation and 
regulations; and waste, fraud, and abuse activities.
     Medicare Advantage. Oversight of Medicare health 
plans, including: enrollment; reimbursements; benefit packages; 
quality; beneficiary choice; and recent statutory and 
regulatory changes affecting Medicare health plans and their 
enrollees.
     Medicare Part D (Prescription Drug Plans). 
Oversight of the Medicare prescription drug program, including: 
drug pricing; beneficiary premiums and cost-sharing; 
beneficiary choice; impacts of recently enacted legislation and 
regulations and their impact on the Part D program; and access 
to retiree prescription drug coverage.
     Medicare Entitlement. Oversight of program changes 
on the Medicare Trust Funds; premium and copay levels; and 
benefit design.
     CMS Administration. Oversight of Centers for 
Medicare and Medicaid Service (CMS), including issuance of 
regulations and their impact on Medicare providers and 
beneficiaries; the adequacy and use of CMS' budget and staff; 
contracting activities; communications with beneficiaries; 
adherence to the Administrative Procedures Act; and general 
agency accountability.
     Private Health Insurance Coverage. Oversight and 
review of private health coverage, including: cost, access, 
subsidies to purchase insurance, benefit design, coverage 
options, pooling mechanisms, and employer-sponsored benefits; 
COBRA; Health Coverage Tax Credit (HCTC); health savings 
accounts and flexible spending arrangements; options to reduce 
the cost of health coverage, expand coverage, and address the 
rate of increase in health care costs; the impact of recently 
enacted legislation and regulations on those with private 
insurance, employers, the economy, and state budgets; and 
adherence to the Administrative Procedures Act.

Matters under the Committee's Human Resources Jurisdiction:

     Welfare Reform. Review and consider proposals to 
reauthorize the Temporary Assistance for Needy Families (TANF) 
program and related welfare reform programs. Examine barriers 
to increasing self-sufficiency among low-income families with 
children, and how changes to TANF and related programs may 
better address the needs of adult beneficiaries who face 
barriers to employment. Review the role that related programs 
such as child care and child support enforcement play in 
facilitating economic opportunity for low-income families.
     Unemployment Compensation. Provide oversight of 
the nation's unemployment compensation benefits and employment 
security systems, with a focus on reforms that could better 
assist beneficiaries in returning to work.
     Child Welfare. Provide oversight of the nation's 
child welfare programs, including foster care, adoption 
assistance, and child and family service programs under Titles 
IV-B and IV-E of the Social Security Act. Review State efforts 
to implement new statutory and regulatory requirements under 
the Fostering Connections to Success and Increasing Adoptions 
Act, including providing assistance to relatives to care for 
children and improving the oversight of the health and 
educational needs of foster children. Consider proposals for 
reauthorizing several child welfare services programs whose 
authorization expires at the end of FY 2011, as well as 
proposals designed to improve the financing of child welfare 
programs and to reduce abuse and neglect of at-risk children.
     Low-Income Disabled and Aged Individuals. Provide 
oversight of the Supplemental Security Income (SSI) program to 
examine trends in the program, agency program integrity 
efforts, and options to reduce administrative complexities in 
order to target program resources to those most in need.

Matters under the Committee's Social Security Jurisdiction:

     Strengthening Social Security. Examine how Social 
Security programs are meeting the needs of today's and 
tomorrow's beneficiaries, along with the financial challenges 
facing the program and proposals to strengthen Social Security.
     Stewardship of Social Security Programs. Provide 
oversight of the management and performance of Social Security 
programs, including their potential vulnerability to waste, 
fraud, and abuse, and to explore necessary legislative 
remedies.
     Use of the Social Security Number (SSN). Examine 
the integrity and protection of SSNs by the Social Security 
Administration (SSA) and, the use of SSNs and Social Security 
cards as identifiers and in identity theft and other fraud, 
along with options for change.
     Challenges Facing the Disability Insurance (DI) 
Program. Provide oversight of the DI program including: 
assessing the effectiveness of return to work programs, efforts 
to improve disability claims processing and service delivery, 
and examining the growth of and options to strengthen the DI 
program.
     SSA's Information Technology (IT) Infrastructure. 
Assess the effectiveness of the SSA's IT infrastructure, 
including its management, performance, and strategic planning 
for future programs and systems development.
     Service Delivery. Oversight of the SSA's service 
to the public during a time of fiscal constraint and evolving 
service delivery approaches.

Matters under the Committee's Trade Jurisdiction:

     Signed Trade Agreements with Colombia, Panama, and 
South Korea. Oversight of the three signed and pending trade 
agreements, with focus on setting a clear path forward to 
consider all three agreements early in 2011.
     China. Oversight of systemic problems in U.S.-
China trade relations, including issues related to China's 
consistent lack of protection and enforcement of U.S. 
intellectual property rights, indigenous innovation 
requirements, use of industrial subsides, export restraints on 
key products such as rare earth minerals, and currency 
undervaluation.
     Other Bilateral and Regional Negotiations. 
Oversight of ongoing bilateral and regional negotiations 
including the Trans-Pacific Partnership. Evaluate prospect for 
additional trade and investment agreement negotiations.
     Preference Programs. Oversight of major U.S. trade 
preference programs, such as the Generalized System of 
Preferences, African Growth and Opportunity Act, Caribbean 
Basin Initiative, Andean Trade Preference Act, and Haitian 
Hemispheric Opportunity Through Partnership Encouragement Act. 
Evaluate efficacy of programs and address possible 
improvements.
     World Trade Organization (``WTO''). Oversight of 
U.S. goals. Evaluation of reasons for the current stalemate in 
WTO negotiations and consideration of proposals to break 
impasse and achieve meaningful outcome in all areas. Oversight 
of accessions to the WTO, including Russia.
     Enforcement. Oversight of U.S. enforcement of WTO 
rights and rights under trade agreements. Evaluation of 
proposals to strengthen border enforcement related to U.S. 
intellectual property rights, import safety, and illegal 
transshipment. Oversight of administration of U.S. trade remedy 
laws, including border enforcement. Oversight of whether the 
United States is in compliance with its obligations, 
particularly where the United States is facing retaliation.
     Implemented Trade Agreements. Oversight of 
implemented agreements involving Peru, Central America/the 
Dominican Republic, Oman, Bahrain, Singapore, Chile, Australia, 
Morocco, Jordan, the North American Free Trade Agreement 
(``NAFTA''), and Israel.
     Trade Adjustment Assistance. Renew and provide 
continued oversight concerning the Trade Adjustment Assistance 
programs for Workers, Firms, Communities, and Farmers.
     Priorities of U.S. Customs and Border Protection 
(CBP). Oversight concerning customs revenue functions and trade 
facilitation, including enforcement of U.S. trade and customs 
laws and regulations. Consider proposals related to CBP's 
capacity, resources, and organizational structure to carry out 
its mandate.
     Miscellaneous Tariff Bill (``MTB''). Continue work 
concerning noncontroversial bills to eliminate or reduce duties 
on products not made in sufficient quantities in the United 
States, in accordance with Committee guidelines and House 
Rules.
     Priorities of the Office of the United States 
Trade Representative. Oversight hearing with the United States 
Trade Representative to discuss priorities for the 112th 
Congress and concerns related to the international trade 
agenda.
     Priorities of the United States International 
Trade Commission. Oversight over the Commission concerning 
overall priorities and operations.
    This list is not intended to be exclusive. The Committee 
anticipates that additional oversight hearings and activities 
will be scheduled as issues arise and as time permits. Also, 
the Committee's oversight priorities and particular concerns 
may change as the 112th Congress progresses over the coming 18 
months.
            Sincerely,
                                                 Dave Camp,
                                                          Chairman.

  B. Actions Taken and Recommendations Made With Respect to Oversight 
                                  Plan


                       SUBCOMMITTEE ON OVERSIGHT

A. Subcommittee Hearings for 112th Congress

    On July 25, 2012, the Subcommittee held a hearing on Public 
Charity Organizational Issues, Unrelated Business Income Tax, 
and the Revised Form 990. The hearing focused on organizational 
and compliance issues related to public charities, including 
the increased complexity of public charity organizational 
structures, the rules governing profit-generating activities 
giving rise to unrelated business income tax, and whether the 
newly redesigned Form 990 is promoting increased compliance and 
transparency. The Subcommittee received testimony from (i) The 
Honorable Steven T. Miller, Deputy Commissioner for Services 
and Enforcement, Internal Revenue Service; (ii) Eve Borenstein, 
Borenstein and McVeigh Law Office LLC; (iii) Thomas K. Hyatt, 
Partner, SNR Denton; (iv) John Colombo, Albert E. Jenner, Jr. 
Professor, University of Illinois College of Law; and (v) 
Donald Tobin, Associate Dean for Faculty and the Frank E. and 
Virginia H. Bazler Designated Professor in Business Law, The 
Ohio State University Moritz College of Law.
    On September 11, 2012, the Subcommittee held a hearing on 
the Internal Revenue Service's Implementation and 
Administration of the Democrats' Health Care Law. The hearing 
focused on the IRS's implementation of various tax provisions 
enacted in the Democrats' health care law and considered how 
the agency's implementation of the law will affect taxpayers 
and its core revenue-collection mission. The Subcommittee 
received testimony from (i) The Honorable Steven T. Miller, 
Deputy Commissioner for Services and Enforcement, Internal 
Revenue Service; (ii) Fred Goldberg, Jr., Partner, Skadden, 
Arps, Slate, Meagher & Flom LLP; (iii) Kathy Pickering, 
Executive Director, The Tax Institute at H&R Block; Vice 
President, Government Relations; (iv) Scott A. Hodge, 
President, The Tax Foundation; and (v) Seth T. Perreta, 
Partner, Crowell and Moring LLP.

1. Reducing Health Care Fraud

    Actions Taken: On March 2, 2011, the Oversight Subcommittee 
received testimony on improving efforts to combat health care 
fraud from (i) Peter Budetti, M.D., Deputy Administrator and 
Director, Center for Program Integrity, Centers for Medicare 
and Medicaid Services; (ii) Lewis Morris, Chief Counsel, Office 
of Inspector General; (iii) Karen Ignagni, President and CEO, 
America's Health Insurance Plans; (iv) Louis Saccoccio, 
Executive Director, National Health Care Anti-Fraud 
Association; and (v) Aghaegbuna ``Ike'' Odelugo, who pled 
guilty to state and federal charges related to nearly $10 
million in Medicare fraud.
    The hearing focused on current policies and programs 
designed to prevent and punish Medicare fraud, as well as new 
and innovative practices aimed at preventing health care fraud 
used in the private sector. Health care fraud costs the 
American taxpayer tens of billions of dollars every year, 
significantly increasing Medicare spending. As a GAO-designated 
``high-risk'' program since 1990, Medicare continues to attract 
those who defraud the government through kickbacks, identity 
theft, and billing for services and equipment beneficiaries 
never receive or do not need.
    The Subcommittee explored how the public sector and private 
sector could learn from each other about new tools to combat 
health care fraud, waste, and abuse. The witnesses testified 
about the latest efforts to reduce Medicare fraud, including 
various data matching techniques.

2. IRS Operations and the 2011 Tax Return Filing Season

    Actions Taken: On March 31, 2011, the Oversight 
Subcommittee received testimony concerning the Internal Revenue 
Service operations and the 2011 tax return filing season from 
The Honorable Douglas Shulman, Commissioner, Internal Revenue 
Service. The Subcommittee considered (1) the protection of 
taxpayer rights, (2) fairness in tax examinations and tax 
administration, (3) IRS efforts to prevent tax fraud, waste, 
and abuse, and (4) the 2012 budget proposal for the IRS and the 
requested increases over the fiscal year 2010 enacted level. 
The Commissioner's testimony focused on IRS e-filing 
initiatives, taxpayer outreach and education initiatives, and 
the agency's budget request.
    On November 22, 2010, the Subcommittee requested that GAO 
monitor and assess the Internal Revenue Service's performance 
during the 2011 tax return filing season, with an emphasis on 
the IRS' efforts to streamline returns processing, improve 
taxpayer service, and enhance compliance. The GAO's report, 
which was released at the hearing, found that while the IRS had 
made progress in improving access to electronic tax 
administration, more needed to be done to address taxpayer 
noncompliance and improve taxpayer service. The GAO report also 
highlighted the need for IRS to provide actual performance 
results of its various enforcement initiatives in order to 
better assess agency resources.

3. AARP's Organizational Structure and Finances

    Actions Taken: On April 1, 2011, the Subcommittee on 
Oversight and the Subcommittee on Health received testimony on 
AARP's organizational structure and finances from (i) A. Barry 
Rand, Chief Executive Officer, AARP Accompanied by Lee Hammond, 
President, AARP Board of Directors; (ii) William Josephson, 
J.D., Of Counsel Fried, Frank, Harris, Shriver & Jacobson LLP; 
and (iii) Frances R. Hill, J.D., Ph.D, Professor, University of 
Miami School of Law. The hearing focused on AARP's 
organizational structure, management, and financial growth over 
the last decade.

4. Transparency and Funding of State and Local Pensions

    Actions Taken: On May 5, 2011, the Oversight Subcommittee 
received testimony on the transparency and funding of state and 
local pension plans from (i) The Honorable Walker Stapleton, 
Colorado State Treasury; (ii) Josh Barro, Walter B. Wriston 
Fellow, Manhattan Institute for Policy Research; (iii) Jeremy 
Gold, FSA, CERA, MAAA, PhD, Jeremy Gold Pensions; (iv) Robert 
Kurtter, Managing Director, U.S. Public Finance, Moody's 
Investors Service; and (v) Iris J. Lav, Senior Advisor, Center 
on Budget and Policy Priorities.
    The hearing focused on the measurement and transparency of 
funding levels of State and local pension plans and explored 
whether improvements to those plans' actuarial assumptions--and 
enhanced transparency in the reporting of the financial health 
of those plans--are warranted.
    Among the approaches to these issues that the Subcommittee 
reviewed was the ``Public Employee Pension Transparency Act'' 
(H.R. 567). The legislation, sponsored by Ways and Means 
Committee member Devin Nunes (R-CA), is intended to enhance 
transparency in this area by encouraging public plans to 
disclose: (1) Various plan funding data using their own 
actuarial assumptions, including a statement of those 
assumptions, and (2) the fair market value of plan assets and 
the value of plan liabilities using Treasury yields as the 
discount rate. State and local governments failing to make the 
disclosures proposed under the bill would lose their ability to 
issue debt that is tax-preferred under Federal income tax law.

5. Improper Payments in the Administration of Refundable Tax Credits

    Actions Taken: On May 25, 2011, the Oversight Subcommittee 
received testimony on improper payments in the administration 
of refundable tax credits from (i) Steven Miller, Deputy 
Commissioner for Services and Enforcement, Internal Revenue 
Service; (ii) The Honorable J. Russell George, Treasury 
Inspector General for Taxpayer Administration, U.S. Department 
of the Treasury, accompanied by Mike McKenney, Assistant 
Inspector General for Audit; (iii) Michael Brostek, Director, 
Tax Policy and Administration, Strategic Issues, GAO; and (iv) 
Nina E. Olson, National Taxpayer Advocate, Internal Revenue 
Service.
    The Subcommittee examined the administration of refundable 
tax credits, with an emphasis on the estimated $106 billion in 
improper payments attributable to refundable credits and the 
steps the IRS is taking, and plans to take to reduce the level 
of waste, fraud, and abuse related to refundable credits. In 
response to numerous reports issued by the Treasury Inspector 
General for Tax Administration and the GAO, on February 11, 
2011, Chairman Camp and Subcommittee Chairman Boustany sent a 
letter to the IRS regarding the estimated level of improper 
payments in the Earned Income Tax Credit (EITC) program--as 
much as $83.9 billion since 2002. The IRS agreed that the level 
of improper payments related to the Earned Income Tax Credit is 
a significant problem the agency is facing and noted that it 
was implementing a new approach targeting paid return preparers 
to reduce preparer fraud and improper payments.
    According to the Commissioner, over 60 percent of EITC 
returns are from paid tax return preparers and the IRS has 
commenced a paid return preparer initiative that imposes 
registration and competence requirements on paid preparers, in 
an effort to increase oversight of these preparers and reduce 
erroneous refund claims. The IRS is also enforcing due 
diligence requirements through correspondence audits of return 
preparers and due diligence office visits, in an effort to 
reduce the level of improper payments. To date, the IRS has 
sent 10,000 return preparer notices and conducted more than 
1,000 due diligence visits in an effort to curb refundable 
credit abuse.

6. Social Security's Payment Accuracy

    Actions Taken: On June 14, 2011, the Subcommittees on 
Oversight and Social Security held a hearing on the Accuracy of 
Payments Made by the Social Security Administration (SSA). The 
Subcommittees heard testimony from the following witnesses: (i) 
Carolyn Colvin, Deputy Commissioner, Social Security 
Administration, (ii) Patrick P. O'Carroll, Jr., Inspector 
General, Social Security Administration, (iii) Dan Bertoni, 
Director, Education, Workforce and Income Security Issues, U.S. 
Government Accountability Office, (iv) Ann P. Robert, Deputy 
Director, Bureau of Disability Determination Services, Illinois 
Department of Human Services, on behalf of the National Council 
of Disability Determination Directors, and (v) Joseph Dirago, 
President, National Council of Social Security Management 
Associations.
    Payment errors in Social Security programs impact the 
Social Security Trust Funds, while Supplemental Security Income 
(SSI) errors impact general revenues. In FY 2010, the combined 
error rate for Social Security programs was 0.6 percent, with a 
total of $2.7 billion in overpayments and $1.8 billion in 
underpayments. SSI, with its more complicated eligibility 
rules, had an error rate of 9.1 percent, with $3.3 billion in 
overpayments and $1.2 billion in underpayments. Because the 
disabled generally receive government health benefits, the 
government also sometimes incurs improper Medicare and Medicaid 
payments in these cases or does not provide Medicare and 
Medicaid to eligible beneficiaries. The Social Security 
Administration (SSA) has a total of at least $15 billion in 
total debt outstanding due the agency. Continuing Disability 
Reviews (CDRs) and SSI redeterminations are the major integrity 
program tools the agency uses to make sure the correct payments 
are going to the correct person on time and in the correct 
amounts. CDRs save between $12 and $15 for every $1 spent 
conducting the review, while SSI redeterminations return $7 for 
every dollar spent. The witnesses discussed Social Security's 
efforts to improve payment accuracy for the Old Age and 
Survivors Insurance (OASI), DI, and SSI programs, including the 
backlogs associated with these efforts and how these backlogs 
might be reduced to better protect taxpayer dollars.

7. Implementation of the IRS Paid Tax Return Preparer Program

    Actions Taken: On July 28, 2011, the Oversight Subcommittee 
held a hearing on the new IRS paid tax return preparer program. 
The Subcommittee heard testimony from the following witnesses: 
(i) David Williams, Director of the IRS Return Preparer Office, 
at the Internal Revenue Service; (ii) Jim White, Director of 
Strategic Issues at the U.S. Government Accountability Office; 
(iii) Kathy Pickering, Vice President--Government Relations and 
Executive Director of the Tax Institute at H&R Block; (iv) 
Patricia Thompson, Chair of the AICPA Tax Executive Committee 
at the American Institute of Certified Public Accountants; (v) 
Paul Cinquemani, Director of Member Services, Business 
Development, and Government Relations at the National 
Association of Tax Professionals; (vi) Lonnie Gary, EA, United 
States Tax Court Professional, Chair of the National 
Association of Enrolled Agents Government Relations Committee; 
and (vii) David Rothstein, Researcher at Policy Matters Ohio, 
and Research Fellow at The New America Foundation.
    The hearing explored the new requirements on paid return 
preparers, assessed IRS progress in preparing and implementing 
a program work plan, and examined how the program will 
ultimately impact the tax return preparer community and 
taxpayers.
    Approximately sixty percent of taxpayers pay a professional 
to prepare their Federal income tax returns, and the Government 
Accountability Office (GAO) estimates that errors by tax return 
preparers affected an estimated $106 billion in improper 
refundable tax credits in recent years. In light of these 
concerns, the IRS initiated a tax return preparer initiative to 
monitor and improve the accuracy of professionally prepared tax 
returns. While the IRS defended its handling of the program and 
some witnesses commended its implementation efforts, other 
witnesses emphasized the challenges IRS faced in implementing 
the paid return preparer program. There was testimony 
expressing concern that the program duplicated existing testing 
and compliance programs, and that the planned testing would not 
include complicated tax forms. GAO expressed concerns that IRS 
lacked a sufficient documented framework to guide its overall 
effort.

8. Energy Tax Policy and Tax Reform

    Actions Taken: On September 22, 2011, the Subcommittee on 
Select Revenue Measures along with the Subcommittee on 
Oversight, received testimony on the intersection of energy 
policy and tax policy, with a focus on the dual priorities of 
comprehensive tax reform and a sustainable energy policy that 
addresses our economic, security, and environmental needs from 
(i) The Honorable J. Russell George, Inspector General, 
Treasury Inspector General for Tax Administration; (ii) Richard 
E. Byrd, Jr., Commissioner, Wage and Investment Division, 
Internal Revenue Service; (iii) Donald B. Marron, Director, Tax 
Policy Center, The Urban Institute; (iv) Kevin Book, Managing 
Director, Research, Clearview Energy Partners, LLC; (v) Neil Z. 
Auerbach, Founder and Managing Partner, Hudson Clean Energy 
Partners, L.P.; (vi) Will Coleman, Partner, Mohr Davidow 
Ventures; (vii) Tim Greeff, Political Director at the Clean 
Economy Network; (viii) Andrew J. Littlefair, President and 
Chief Executive Officer of Clean Energy Fuels; (ix) Lawrence B. 
Lindsey, President and Chief Executive Officer of The Lindsey 
Group; (x) Calvin Dooley, President and Chief Executive Officer 
of the American Chemistry Council; (xi) David W. Kreutzer, 
Research Fellow in Energy Economics and Climate Change of The 
Heritage Foundation; and (xii) Hank Ziomek, Director of Sales, 
Titeflex Corporation.

9. Implementation of Small Business Health Insurance Tax Credit

    Actions Taken: On November 15, 2011 the Subcommittee on 
Oversight held a hearing on the implementation and 
effectiveness of the Small Business Health Insurance Tax 
Credit. The Subcommittee heard testimony from (i) The Honorable 
J. Russell George, Inspector General, Treasury Inspector 
General for Tax Administration, (ii) Sarah Ingram Hall, 
Commissioner for the Tax Exempt & Government Entities Division, 
Internal Revenue Service, (iii) Patricia Thompson, Chair of the 
Tax Executive Committee of the American Institute of Certified 
Public Accountants, (iv) Todd McCracken, President of the 
National Small Business Association, and (v) Matthew Hisel, Co-
Director of Home Resource, a Montana-based tax-exempt 
organization.
    The credit covers 35 percent of an eligible small 
employer's contribution to employee health insurance premiums 
for each tax year from 2010 to 2013. For tax years 2014 and 
beyond, an eligible small employer may claim the credit for up 
to 50 percent of its employee health insurance contributions, 
but only for two consecutive years. The credit generally is 
available to employers with no more than 25 full-time 
equivalent employees employed during the tax year, and whose 
employees have average annual wages of no more than $50,000.
    Enacted along with the Affordable Care Act (ACA), the 
credit was designed to encourage small businesses to provide 
health care coverage to employees. Although supporters of the 
ACA argued that the credit would provide meaningful assistance 
to the small business community and lead to increased coverage 
for employees, many in the small business community argue the 
credit is too limited and its calculation is too complex to be 
of value. A report by the Treasury Inspector General for Tax 
Administration found that 309,000 taxpayers took advantage of 
the credit as of October 2011. The Administration earlier 
estimated that four million employers would be eligible.

10. Harbor Maintenance Funding and Maritime Tax Issues

    Action Taken: On February 1, 2012, the Subcommittee on 
Oversight and the Subcommittee on Select Revenue Measures 
received testimony from (i) The Honorable Michael Strain, 
Commissioner of the Louisiana Department of Agriculture & 
Forestry; (ii) Mr. Gary LaGrange, President and Chief Executive 
Officer of the Port of New Orleans; (iii) Mr. Steven A. Fisher, 
Executive Director, American Great Lakes Ports Association; 
(iv) Mr. Morten Arntzen, President and Chief Executive Officer, 
Overseas Shipholding Group; (v) Mr. James C. McCurry, Jr., 
Director of Administration, Georgia Ports Authority; and (vi) 
Mr. Michael Leone, Port Director, Massachusetts Port Authority. 
The hearing examined the structure of the Harbor Maintenance 
Trust Fund and the Harbor Maintenance Tax, and considered 
whether U.S. anti-deferral rules inhibit the expansion of the 
U.S. shipping industry.

11. Internal Revenue Service Operations and the 2012 Tax Return Filing 
        Season

    Action Taken: On March 22, 2012, the Subcommittee received 
testimony from The Honorable Douglas Shulman, Commissioner, 
Internal Revenue Service. The hearing focused on the 2012 tax 
return filing season, the IRS' 2013 budget request, and IRS 
operations generally.

12. Impact of Limitations on the Use of Tax-Advantaged Accounts for the 
        Purchase of Over-the-Counter Medication

    Action Taken: On April 25, 2012, the Subcommittee received 
testimony from (i) Mr. Scott M. Melville President & Chief 
Executive Officer, Consumer Healthcare Products Association; 
(ii) Dr. Joel M. Feder, D.O., F.A.C.O.F.P., Captain MC, USN 
(Ret.), American Osteopathic Association; (iii) Mr. Steven 
Taylor, Chief Executive Officer, Sjogren's Syndrome Foundation; 
(iv) Ms. Jennifer Hatcher, Senior Vice President, Government & 
Public Affairs, Food Marketing Institute; and (v) Mr. Paul N. 
Van de Water, Senior Fellow, Center on Budget and Policy 
Priorities. The hearing focused on reviewing the restrictions 
imposed under the Patient Protection and Affordable Care Act 
(P.L. 111-148) to FSAs, HSAs and HRAs to purchase over-the-
counter medicine, and the impact the rules have on consumers, 
physicians, and employers.

13. Identity Theft and Tax Fraud

    Action Taken: On May 8, 2012, the Subcommittees on 
Oversight and Social Security received testimony from: (i) J. 
Russell George, Treasury Inspector General for Tax 
Administration; (ii) Patrick P. O'Carroll, Jr., Inspector 
General, Social Security Administration; (iii) Steven T. 
Miller, Deputy Commissioner for Services and Enforcement, 
Internal Revenue Service; (iv) Nina E. Olson, National Taxpayer 
Advocate, Internal Revenue Service; and (v) David F. Black, 
General Counsel, Social Security Administration. The hearing 
detailed how the Social Security Administration's court-
mandated sharing of the Social Security Death Master File (DMF) 
inadvertently provides criminals with the tools to file for and 
obtain multiple fraudulent tax refunds, and the processes the 
Internal Revenue Service (IRS) is using in its attempts to 
detect and stop illegal refunds. Witnesses emphasized the 
conflicting missions of the IRS to quickly process refunds 
while also protect the tax system from ID theft and fraud. 
Additionally, witnesses supported legislation limiting public 
access to the DMF (which includes the Social Security numbers 
of those who are deceased that are used for false filings), 
including a discussion on Subcommittee on Social Security 
Chairman Sam Johnson's bill, H.R. 3475, the Keeping IDs Safe 
Act of 2011'' to end the Social Security Administration's 
Public Death Master File publication, allowing the IRS access 
to the National Directory of New Hires, and reauthorizing 
legislation that permits prisoner information to be shared with 
the IRS.

14. Tax-Exempt Organizations

    Action Taken: On May 16, 2012, the Subcommittee received 
testimony from (i) Mr. Roger Colinvaux, Associate Professor, 
Columbus School of Law, The Catholic University of America; 
(ii) Ms. Diana Aviv, President & Chief Executive Officer, 
Independent Sector; (iii) Ms. Joanne M. DeStefano, Vice 
President for Finance and Chief Financial Officer, Cornell 
University, testifying on behalf of the National Association of 
College and University Business Officers; (iv) Mr. Michael 
Regier, Senior Vice President of Legal and Corporate Affairs, 
VHA Inc.; and (v) Mr. Bruce R. Hopkins, Senior Partner, 
Polsinelli Shughart. The hearing focused on current issues 
related to tax-exempt organizations, including the ongoing IRS 
compliance initiative related to universities, recently enacted 
reporting requirements for tax-exempt hospitals, recent efforts 
by tax-exempt organizations to design and implement good 
governance standards, and the newly redesigned IRS Form 990. In 
addition, the hearing considered the history of recent 
legislative changes to the tax code dealing with tax-exempt 
organizations and what prompted those changes.

                         SUBCOMMITTEE ON TRADE

1. Trade Agreements with Colombia, Panama, and South Korea

    Action taken: The Committee held a hearing on January 25, 
2011, on Congressional consideration of the trade agreements 
with Colombia, Panama, and South Korea, and the benefits these 
agreements will bring to American businesses, farmers, workers, 
consumers, and the U.S. economy. On January 27, 2011, Chairman 
Camp requested that the International Trade Commission (ITC) 
conduct a study assessing the supplemental autos agreement 
reached by USTR with South Korea, and the ITC released that 
report publicly on April 7, 2011. On February 9, 2011, the 
Committee held a hearing focusing on current trade issues 
including the trade agreements with Colombia, Panama, and South 
Korea. United States Trade Representative Ron Kirk testified. 
The Subcommittee on Trade also held a hearing on March 17, 2011 
on the trade agreement with Colombia; on March 30, 2011 on the 
trade agreement with Panama; and on April 7, 2011 on the trade 
agreement with South Korea. On April 18, 2011, Chairman Camp 
led a bipartisan delegation of Members to Bogota, Colombia to 
evaluate the status of the agreement and progress taken by 
Colombia on labor issues. On July 7, 2011, the Committee on 
Ways and Means considered, and approved, in an informal mark-up 
session, draft legislation to implement the trade agreements 
with Colombia, Panama, and South Korea and draft statements of 
administration action. On October 3, 2011, three separate bills 
were introduced (by request) to implement each of the trade 
agreements with Colombia, Panama, and South Korea. On October 
6, 2011, the Committee held a formal mark-up session to 
consider all three bills. The Committee approved all three 
bills and favorably reported them without amendment. On October 
12, 2011, the House passed all three bills. Also on October 12, 
2011, the Senate passed all three bills. The President signed 
all three bills into law on October 21, 2011.
    From that time until entry into force of the U.S.-Korea 
Free Trade Agreement (March 15, 2012), U.S.-Colombia Trade 
Promotion Agreement (May 15, 2012), and U.S.-Panama Trade 
Promotion Agreement (October 31, 2012), the Committee engaged 
in consultations with the Administration to provide oversight 
and to ensure prompt implementation of the agreements.
    On February 29, 2012, the Committee held a hearing on 
current trade issues, including on the Administration's work to 
ensure prompt implementation of the U.S.-Colombia Trade 
Promotion Agreement, the U.S.-Panama Trade Promotion Agreement, 
and the U.S.-Korea Free Trade Agreement.

2. China

    Action taken: On February 9, 2011, the Committee held a 
hearing focusing on current trade issues, including the full 
range of issues impeding American companies from selling U.S. 
goods and services in China and distorting trade flows through 
unfair trade practices. United States Trade Representative Ron 
Kirk testified. On May 6, 2011, Chairman Camp led a letter 
signed by a majority of Committee Members to Secretaries 
Geithner, Clinton, and Locke, and Ambassador Kirk discussing 
systemic problems in U.S.- China trade relations, including 
issues related to China's consistent lack of protection and 
enforcement of U.S. intellectual property rights, indigenous 
innovation requirements, use of industrial subsides, export 
restraints on key products such as rare earth minerals, and 
currency misalignment. In that letter, the Members asked the 
Administration to develop metrics for assessing China's 
progress on these issues.
    On May 10, 2011, Committee Members met with Vice Premier 
Wang Qishan to discuss the U.S.-China trade relationship.
    On October 25, 2011, the Committee held a hearing focusing 
on the U.S.-China economic relationship, including both the 
significant opportunities presented by the Chinese market as 
well as the barriers that U.S. companies, farmers, and workers 
continue to face. The hearing explored the Administration's 
plans to address China's persistent barriers to trade and 
investment.
    On November 17, 2011, all Members of the Committee sent a 
letter to Ambassador Kirk and Secretary Bryson highlighting the 
need to address longstanding and specific concerns, improve 
U.S. market access in China, use commercially meaningful 
metrics to measure the effectiveness of commitments, and 
further China's rebalancing of its economy.
    On December 15, 2011, the Committee received the 2011 
Annual Report on China's WTO Compliance, which was submitted 
pursuant to Section 421 of the U.S.-China Relations Act of 
2000. The report describes China's WTO commitments and assesses 
the extent to which China has implemented those commitments.
    On January 31, 2012, Chairman Dave Camp and Senate Finance 
Committee Chairman Max Baucus sent a letter to the 
Administration encouraging it to pressure China to stop 
unfairly undervaluing its currency at a World Trade 
Organization (WTO) symposium in March. In the letter, Camp and 
Baucus noted that China has actively blocked currency 
undervaluation discussions at the WTO and that China's unfair 
trade practices, including its currency undervaluation, cost 
U.S. jobs.
    On February 29, 2012, the Committee held a hearing focusing 
on current trade issues, including concerns about China's 
unfair and distortive trade practices that impede American 
companies from selling U.S. goods and services in China. United 
States Trade Representative Ron Kirk testified.
    On March 1, 2012, the Committee held a meeting with 
Treasury Secretary Geithner, Commerce Secretary Bryson, and 
United States Trade Representative Ambassador Kirk about the 
Administration's China economic policy. The meeting provided an 
opportunity for Committee Members to have a bipartisan and 
candid, off-the-record discussion with the Administration about 
its China economic policy.
    On February 29, 2012, Chairman Dave Camp, Ranking Member 
Sander Levin, and 128 cosponsors introduced H.R. 4105, which 
would apply the countervailing duty law to nonmarket economy 
countries. On March 6, 2012, the House passed the bill under 
suspension of the rules. The Senate passed the bill by 
unanimous consent on March 7, 2012, and the President signed 
the bill into law on March 13, 2012.
    On March 26-29, 2012, the Committee conducted a bipartisan 
staff delegation to Geneva, Switzerland, to participate in the 
Symposium on Exchange Rate Policies and Trade being hosted by 
the World Trade Organization (WTO) Working Group on Trade, 
Debt, and Finance and to meet with officials from other WTO 
member countries, WTO secretariat staff, and U.S. officials.
    On April 27, 2012, Republican Members of the Ways and Means 
Committee, sent a letter to the Administration about the 
upcoming meeting of the U.S.-China Strategic & Economic 
Dialogue (S&ED). The letter highlighted key priorities for 
these meetings, including the need to address long-standing and 
specific concerns, improve U.S. market access in China, further 
China's rebalancing of its economy, and restart bilateral 
investment treaty negotiations.
    On November 30, 2012, Chairman Dave Camp, Senate Finance 
Committee Chairman Max Baucus, Ranking Member Sander Levin, and 
Senate Finance Committee Ranking Member Orrin Hatch sent a 
letter to the Administration ahead of the December meeting of 
the U.S.-China Joint Commission on Commerce and Trade. The 
letter addressed concerns about China's move away from market-
based reforms, highlighted a number of specific barriers, and 
called for significant progress to show the American people 
that the U.S.-China economic relationship is headed in the 
right direction. The letter also called on the Administration 
to continue to develop meaningful metrics to measure progress.
    The Committee has held regular staff consultations with 
USTR and the Treasury and Commerce Departments regarding U.S.-
China issues.

3. Other Bilateral and Regional Negotiations and Issues

            Action taken
            a. Trans-Pacific Partnership
    On February 9, 2011, the Committee held a hearing focusing 
on current trade issues, including the ongoing Trans-Pacific 
Partnership negotiations. United States Trade Representative 
Ron Kirk provided testimony.
    On February 17, 2011, Chairman Camp and Ranking Member 
Levin, along with Senators Baucus and Hatch, sent a letter to 
the Administration regarding Taiwan's scientifically 
unjustified barriers to U.S. beef exports.
    On November 8, 2011, Chairman Camp and Ranking Member 
Levin, along with Senators Baucus and Hatch, sent a letter to 
the Administration regarding Japan's expected announcement at 
the Asia Pacific Economic Cooperation (APEC) Summit in Honolulu 
to seek participation in the Trans-Pacific Partnership (TPP). 
The letter expressed concern about Japan's longstanding 
barriers to trade and the importance of strong disciplines to 
address non-tariff barriers.
    On November 10-11, 2011, Trade Subcommittee Chairman Brady 
led a bipartisan Congressional delegation to the APEC Summit in 
Honolulu, Hawaii. The delegation met with numerous foreign 
trade ministers and private sector representatives to discuss 
the importance of increasing U.S. economic engagement in the 
Asia-Pacific region, the status of the TPP negotiations, and 
various bilateral issues.
    On December 14, 2011, the Subcommittee held a hearing on 
the Trans-Pacific Partnership (TPP) negotiations. The 
Subcommittee received testimony from (i) Ambassador Demetrios 
Marantis, Deputy U.S. Trade Representative, Office of the 
United States Trade Representative; (ii) Devry S. Boughner, 
Director, International Business Relations on behalf of 
Cargill, Inc. and the U.S. Business Coalition for TPP; (iii) 
Angela Marshall Hofmann, Vice President, Global Integrated 
Sourcing and Trade Wal-Mart Stores; and (iv) Michael Wessel, 
President, The Wessel Group. The hearing focused on the status 
and future of the ongoing TPP agreement negotiations as well as 
the potential benefits of the agreement for U.S. companies, 
workers, and farmers. The hearing also explored how the TPP 
agreement will be a ``21st century agreement'' by addressing 
barriers to trade beyond tariffs and increasing trade 
facilitation.
    On December 21, 2011, Chairman Camp and Chairman Brady, 
along with Senators Hatch and Thune, sent a letter to 
Ambassador Kirk raising concerns about the Administration's 
proposed labor provision for the TPP agreement.
    On February 29, 2012, the Committee held a hearing on 
current trade issues, including the status of the TPP 
negotiations, the potential benefits of a TPP agreement from 
the United States, and the prospect for Canada, Japan, and 
Mexico to join the TPP negotiations. Ambassador Kirk testified 
before the Committee on the Administration's views on these 
issues.
    On July 9, 2012, the United States Trade Representative 
notified Congress that the Administration intends to include 
Mexico in the ongoing TPP negotiations
    On July 10, 2012, the United States Trade Representative 
notified Congress that the Administration intends to include 
Canada in the ongoing TPP negotiations.
    The Committee has also held frequent staff consultation 
sessions with USTR to discuss ongoing progress in the 
negotiations and to provide Member views on the conduct and 
content of the negotiations.
            b. Bolivia
    On November 7, 2011, Chairman Camp sent a letter to 
Secretary Clinton and Ambassador Kirk expressing concerns about 
the Administration's plans to sign a new trade framework with 
Bolivia.
            c. Burma
    On May 26, 2011, Representative Joe Crowley introduced H.J. 
Res 66 to renew sanctions against Burma under the Burmese 
Freedom and Democracy Act of 2003, amended by the Tom Lantos 
Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 
2008. On July 20, 2011, the House passed H.J. Res. 66, to renew 
sanctions against Burma, under suspension of the rules. On 
September 30, 2011, the House passed H.R. 2017, ``Continuing 
Appropriations Act, 2012,'' which included the text of H.J. 
Res. 66. The President signed H.R. 2017 into law on September 
30. On October 4, 2011, the House passed H.R. 2608, as amended 
by the Senate, by a recorded vote of 352-66. The President 
signed H.R. 2608 into law on October 4, 2011. The sanctions on 
Burma were renewed effective July 26, 2011 by both H.R. 2017 
and H.R. 2608.
    On July 28, 2011, the Committee received a report from the 
Department of State on Burma's timber trade, pursuant to the 
Lantos Block Burmese JADE Act.
    On August 2, 2012, both the House and Senate passed H.R. 
5986 (described above), which, among other things, amended the 
Burmese Freedom and Democracy Act of 2003 to renew, for three 
years, the President's authority to ban the import of Burmese 
products and approved the renewal of import restrictions 
contained in the Act for one year. The President signed H.R. 
5986 into law on August 10, 2012.
    On August 14, 2012, the Committee received a report from 
the Department of State: Report on Tom Lantos Block Burmese 
JADE Anti-Democracy Efforts Act of 2008 on Burmese Timber 
Trade.
            d. Iran
    On August 23, 2011, the Committee received reports from the 
Department of State on global trade relating to Iran.
    On October 3, 2011, the Committee received a report from 
the Department of State on investments in the energy sector in 
Iran.
    On September 19, 2011, and October 17, 2011, the Committee 
received reports from the Department of Treasury on activities 
taken by the Treasury Department Office of Foreign Assets 
Control in the Administration of the licensing regime set forth 
in 906(a)(1) of the Act with respect to exportation in 
agricultural commodities, medicine, medical devices to Iran and 
Sudan.
    On December 5, 2011, Chairman Camp exchanged letters with 
House Foreign Affairs Committee Chairman Ros-Lehtinen regarding 
removal of provisions within the jurisdiction of the Committee 
on Ways and Means from H.R. 2105, the ``Iran, North Korea, and 
Syria Nonproliferation Reform and Modernization Act of 2011.''
    On December 5, 2011, Chairman Camp exchanged letters with 
House Foreign Affairs Committee Chairman Ros-Lehtinen regarding 
removal of provisions within the jurisdiction of the Committee 
on Ways and Means from H.R. 1905, the ``Iran Sanctions, 
Accountability, and Human Rights Act of 2012.''
    On March 12, 2012, the Committee received the Department of 
State Report on Iran Sanctions.
    On March 28, 2012, the Committee received the Department of 
State Comprehensive Report on Iran Sanctions.
    On August 9 and 31, 2012, the Committee received reports 
from the Department of State on global trade relating to Iran.
    On December 4, 2012, the Senate amended and passed H.R. 
4310, the ``National Defense Authorization Act for Fiscal Year 
2013.'' The Senate version of H.R. 4310 included subtitles that 
contained, among other things, the authority for the President 
to impose import sanctions on certain expanded activities with 
respect to Iran and the Democratic Republic of Congo. The 
inclusion of the import sanctions violated the Origination 
Clause (Article I, Section 7, clause 1 of the U.S. 
Constitution) because H.R. 4310 as passed by the House did not 
contain revenue measures. On December 12, 2012, Chairman Camp 
introduced H. Res. 829, which stated that H.R. 4310 as passed 
by the Senate contravened the Origination Clause. H. Res. 829 
passed the House without objection. The Senate then considered 
Senate Amendment (S. 3254, as amended) to H.R. 4310 and 
modified the bill through Senate Amendments 3332 and 3333 by 
unanimous consent to remove the import sanctions from the bill. 
The Senate then passed the amended H.R. 4310 by voice vote. 
Both the House and Senate voted to enter into Conference on 
H.R. 4310. The Committee continued extensive negotiations with 
the Armed Services Committee to address the Committee's 
concerns. On December 20, 2012, the House passed the Conference 
Report by a vote of 315-107. On December 21, 2012, the Senate 
passed the Conference Report by a vote of 81-14. At the time of 
this Report, the President had not signed the bill into law.
            e. India
    The Committee has held regular staff consultations with 
USTR and the Treasury and Commerce Departments regarding U.S.-
India issues. On September 13-19, 2012, the Committee conducted 
a staff delegation to New Delhi, India, to discuss a range of 
bilateral economic issues, including recent economic reforms, 
and U.S. concerns with India's restrictive manufacturing and 
preferential market access policies.

4. Preference Programs

    Action taken: On February 10, 2011, Chairman Camp 
introduced H.R. 622 to extend the Andean Trade Preference Act. 
On October 3, 2011, House Majority Leader Eric Cantor 
introduced, for himself and Representative Sam Farr (both by 
request), H.R. 3078, the ``United States-Colombia Trade 
Promotion Agreement Implementation Act,'' which included an 
extension of the Andean Trade Preference Act. On October 6, 
2011, the Committee held a formal mark-up session to consider 
H.R. 3078. The Committee approved the bill and favorably 
reported H.R. 3078, without amendment. On October 12, 2011, the 
House passed the bill. Also on October 12, 2011, the Senate 
passed the bill. The President signed H.R. 3078 into law on 
October 21, 2011.
    On July 22, 2011, the Committee received USITC Report on 
Investigation No. 332-503, Earned Import Allowance Program: 
Evaluation of the Effectiveness of the Program for Certain 
Apparel from the Dominican Republic. This is the second annual 
report.
    On August 2, 2011, Chairman Camp introduced H.R. 2832, ``To 
extend the Generalized System of Preferences, and for other 
purposes,'' which included a reauthorization of the Generalized 
System of Preferences. On August 7, 2011, the House suspended 
the rules and passed H.R. 2832 by voice vote. On August 21, 
2011, the Senate passed an amended version. On October 12, 
2011, the House agreed to the Senate amendment. On October 21, 
2011, the President signed H.R. 2832 into law.
    On November 30, 2011, the Committee received a report from 
the Government Accountability Office on the Earned Import 
Allowance Program for Haiti. GAO is required by statute to 
review and evaluate the program annually.
    On March 26, 2012, the President announced his decision to 
add South Sudan to the list of beneficiaries of the Generalized 
System of Preferences and to suspend Argentina's eligibility 
from the program.
    On June 21, 2012, Chairman Dave Camp, Ranking Member Sander 
Levin, and twenty original co-sponsors introduced H.R. 5986. On 
August 2, 2012, the House passed the bill by voice vote. On the 
same day, the Senate passed the bill without amendment by 
Unanimous Consent. The President signed the bill into law on 
August 10, 2012.
    Among other things, H.R. 5986 amends the African Growth and 
Opportunity Act to extend through FY2015 the third-country 
fabric rule granting duty-free treatment of apparel articles 
wholly assembled, or knit-to-shape and wholly assembled, or 
both, in one or more lesser developed beneficiary sub-Saharan 
African countries, regardless of the country of origin of the 
fabric or the yarn used to make such articles. The legislation 
also ensures that AGOA benefits are available to the Republic 
of South Sudan (South Sudan).
    The Committee held several staff consultations with USTR 
concerning the efficacy of the preference programs, including 
the Generalized System of Preferences, the Caribbean Basin 
Initiative, the Andean Trade Preference Act, the Africa Growth 
and Opportunity Act, and the Haitian Hemispheric Opportunity 
through Partnership Encouragement Act.

5. World Trade Organization (``WTO'')

    Action taken: On February 9, 2011, the Committee held a 
hearing focusing on current trade issues, including the 
prospect for trade expansion in agriculture, industrial goods, 
and services through the Doha Round negotiations at the WTO and 
the issues surrounding Russia's effort to accede to the WTO. 
United States Trade Representative Ron Kirk testified.
    On September 14, 2011, the Committee received a letter from 
USTR, pursuant to Section 123(g)(1)(d) of the Uruguay Rounds 
Agreement Act, notifying the Committee of USTR's intention to 
implement regulations to come into compliance with rulings of 
the Dispute Settlement Body of the World Trade Organization in 
connection with the following disputes: United States--Laws, 
Regulations, and Methodology for Calculating Dumping Margins 
(WT/DS294); United States--Measures Related to Zeroing and 
Sunset Reviews (WT/DS322); United States--Final Anti-Dumping 
Measures on Stainless Steel from Mexico (WT/DS344); and United 
States--Continued Existence and Application of Zeroing 
Methodology (WT/DS350). The Committee held several discussions 
with USTR regarding compliance with these rulings.
    On October 31, 2011, Chairman Camp and Ranking Member 
Levin, along with Senators Baucus and Hatch, sent a letter to 
the Administration regarding Russia's accession to the WTO. The 
letter explained the importance for Russia's WTO accession 
agreement to adequately address a number of issues of concern.
    On December 14-18, 2011, the Committee conducted a 
bipartisan staff delegation to the Eighth Ministerial 
Conference of the World Trade Organization in Geneva, 
Switzerland. The staffdel participated in the Ministerial 
Conference, including meetings with trade ministers from WTO 
member countries, U.S. officials, and business leaders.
    On February 29, 2012, the Committee held a hearing on 
current trade issues, including Russia's accession to the WTO, 
WTO negotiations, and ``post-Doha'' issues such as an 
international services trade agreement, Information Technology 
Agreement (ITA) expansion, and a trade facilitation agreement. 
Ambassador Kirk testified before the Committee on the 
Administration's views on these issues.
    On March 26-29, 2012, the Committee conducted a bipartisan 
staff delegation to Geneva, Switzerland, to participate in the 
Symposium on Exchange Rate Policies and Trade being hosted by 
the World Trade Organization (WTO) Working Group on Trade, 
Debt, and Finance and to meet with officials from other WTO 
member countries, WTO secretariat staff, and U.S. officials.
    On June 6, 2012, the Committee held a meeting with Deputy 
Assistant to the President and Deputy National Security Advisor 
for International Economic Affairs Michael Froman, State Deputy 
Secretary Ambassador William Burns, Deputy United States Trade 
Representative Ambassador Miriam Sapiro, and Office of the U.S. 
Trade Representative Chief Agricultural Negotiator Ambassador 
Islam Siddiqui about Russia's accession to the WTO and granting 
Russia PNTR. The meeting provided an opportunity for Committee 
Members to have a bipartisan and candid, off-the-record 
discussion with the Administration about trade and other issues 
regarding Russia.
    On June 20, 2012, the Committee held a hearing on Russia's 
accession to the World Trade Organization and granting Russia 
Permanent Normal Trade Relations. The hearing focused on the 
significant opportunities presented upon Russia's accession to 
the WTO and commercial areas requiring continued attention, 
such as enforcement of IPR and Russian SPS standards relating 
to U.S. agriculture exports. The hearing explored the impact on 
U.S. employers, workers, farmers, and ranchers if Congress does 
not grant Russia PNTR and they are unable to obtain the 
benefits of Russia's membership. In addition, the hearing 
provided an opportunity for addressing Members' non-commercial 
concerns regarding Russia. The Committee received testimony 
from (i) Ambassador Ron Kirk, United States Trade 
Representative; (ii) Ambassador William Burns, Deputy 
Secretary, United States Department of State; (iii) Doug 
Oberhelman, Chairman and Chief Executive Officer, Caterpillar 
Inc. (on behalf of The Business Roundtable and the National 
Association of Manufacturers); (iv) Wayne H. Wood, President, 
Michigan Farm Bureau; (v) Michael Rae, President, Argus Ltd.; 
and (vi) James P. Mackin, Senior Vice President and President, 
Cardiac Rhythm Disease Management, Medtronic, Inc.
    On July 19, 2012, Chairman Camp, Ranking Member Levin, 
Chairman Brady, Ranking Member McDermott, Mr. Reichert, Mr. 
Rangel, Mr. Roskam, Mr. Blumenauer, Mr. Paulsen, and Mr. 
Crowley introduced H.R. 6156, ``to authorize the extension of 
nondiscriminatory treatment (normal trade relations treatment) 
to products of the Russian Federation and Moldova and to 
require reports on the compliance of the Russian Federation 
with its obligations as a member of the World Trade 
Organization, and for other purposes.'' On July 26, 2012, the 
Committee held a formal mark-up session to consider H.R. 6156. 
The Committee ordered H.R. 6156 favorably reported, without 
amendment, by a voice vote. The House passed the bill (as 
amended by the Committee on Rules) on November 16, 2012, and 
the Senate passed the bill on December 6, 2012. The President 
signed H.R. 6156 into law on December 14, 2012.
    On September 20, 2012 the Subcommittee on Trade held a 
hearing on the benefits of expanding U.S. services trade 
through an International Services Agreement. The hearing 
focused on the benefits of expanding U.S. services trade, 
including by negotiating an international services agreement. 
The hearing addressed the importance of services exports as a 
source of well-paying U.S. jobs and economic growth. In 
addition, the hearing examined the current state of ongoing 
discussions concerning an international services agreement and 
explore how best to support a successful initiative. The 
Subcommittee received testimony from (i) Ambassador Michael 
Punke, Deputy United States Trade Representative and Permanent 
Representative to the World Trade Organization (WTO); (ii) Dr. 
J. Bradford Jensen, Professor of Economics and International 
Business, McDonough School of Business Georgetown University; 
(iii) Thomas Klein, President, Sabre Holdings; (iv) Karl 
Fessenden, Vice President, Power Generation Services, GE 
Energy; (v) Charles Lake, Chairman, Aflac Japan; and (vi) 
Daniel Brutto, President, UPS International, who testified on 
behalf of the Coalition of Services Industries.
    On June 24-28, 2012, the Committee conducted a staff 
delegation to Geneva, Switzerland, to discuss ongoing WTO 
discussions regarding a possible international services 
agreement, to attend meetings of the WTO services cluster, to 
participate in the WTO Workshop on Trade in Financial Services 
and Development, and to meet with officials from other WTO 
member countries, WTO secretariat staff, and U.S. officials.
    The Committee held regular staff consultations with USTR 
concerning the ongoing negotiations as well as accessions to 
the WTO. The Committee also held regular staff consultations 
with USTR regarding ongoing disputes being adjudicated at the 
WTO.

6. Enforcement

    Action taken: On February 9, 2011, the Committee held a 
hearing focusing on current trade issues, including the full 
range of issues impeding American companies from selling U.S. 
goods and services around the world, particularly China, and 
other trade disputes, including whether the United States is in 
compliance with its obligations, particularly where the United 
States is facing retaliation.
    On March 1, 2011, the Committee received the 2012 Trade 
Policy Agenda and 2011 Annual Report of the President of the 
United States on the Trade Agreements Program. This report 
satisfies the requirements of Section 163 of the Trade Act of 
1974, and Sections 122 and 124 of the Uruguay Round Agreements 
Act. On March 1, 2012, the Committee received the 2012 Trade 
Policy Agenda and 2011 Annual Report.
    On March 30, 2011, and April 2, 2012, the Committee 
received the National Trade Estimate Report from USTR for 2011 
and 2012, respectively, as well as separate reports on 
Technical Barriers to Trade and Sanitary and Phytosanitary 
Barriers to Trade. Each of the reports details significant 
barriers to U.S. exports and U.S. efforts to address those 
barriers. The NTE Report is prepared pursuant to Section 181 of 
the Trade Act of 1974, as amended. The Committee staff engaged 
in regular consultations with the Administration on these 
items.
    On April 29, 2011, the Committee received the 2011 Special 
301 Report on Intellectual Property Rights. The annual report 
reviews IPR protection and enforcement around the world and is 
prepared pursuant to Section 182 of the Trade Act of 1974, as 
amended. On April 30, 2012, the Committee received the 2012 
report.
    On May 23, 2011, Chairman Camp requested that the 
International Trade Commission conduct an analysis of the 
conditions of competition in the business jet industry, in 
particular barriers abroad faced by the U.S. industry and the 
role of government subsidies abroad. On May 30, 2012, Chairman 
Camp received the report from the International Trade 
Commission.
    On February 29, 2012, the Committee held a hearing on 
current trade issues, including the full range of issues 
impeding American companies from selling U.S. goods and 
services abroad. In addition, the hearing addressed the 
management of trade disputes and other trade issues. Ambassador 
Kirk testified before the Committee on the Administration's 
views on these issues.
    On September 12, 2012, Chairman Camp requested that the 
International Trade Commission conduct an analysis of the 
global competitiveness of the U.S. commercial olive oil 
industry.
    The Committee also held regular staff sessions with USTR to 
discuss pending and potential cases.

7. Implemented Trade Agreements

    Action taken: The Committee consulted closely with the 
Administration to ensure prompt entry into force of the 
recently implemented trade agreements with Colombia, Panama, 
and Korea. On February 21, 2012, USTR Kirk sent the Committee a 
letter stating the Administration's intent to enter the U.S.-
Korea trade agreement into force on March 15, 2012, and stating 
the Administration's commitment to address certain outstanding 
issues. The Agreement subsequently entered into force on March 
15, 2012. On May 15, 2012, the U.S.-Colombia trade agreement 
entered into force. On October 31, 2012, the U.S.-Panama trade 
agreement entered into force.
    The Committee also continued its oversight of implemented 
agreements with Australia, Bahrain, Canada and Mexico, five of 
the countries of Central America and the Dominican Republic, 
Chile, Israel, Jordan, Morocco, Oman, Peru, and Singapore.

8. Trade Adjustment Assistance

    Action taken: The Committee continued its oversight and its 
assessment concerning the operation and renewal of the Trade 
Adjustment Assistance programs for Workers, Firms, Communities, 
and Farmers. On August 2, 2011, Chairman Camp, for himself and 
for Ranking Member Levin, Chairman Brady, and Ranking Member 
McDermott, introduced H.R. 2832, ``To extend the Generalized 
System of Preferences, and for other purposes.'' On August 7, 
2011, the House passed H.R. 2832. On August 21, 2011, the 
Senate passed an amended version of H.R. 2832 including the 
Trade Adjustment Assistance Extension Act of 2011. On October 
12, 2011, the House agreed to the Senate amendment. On October 
21, 2011, the President signed H.R. 2832 into law.
    On December 15, 2011, the Committee received the Department 
of Commerce TAA Annual Report for Fiscal Year 2011. On February 
13, 2012, the Committee received the Department of Labor's 
report on the Trade Adjustment Assistance Community College and 
Career Training (TAACCCT) Grant Program for Fiscal Year 2011. 
On March 9, 2012, the Committee received the Department of 
Labor's Trade Adjustment Assistance Annual Report for Fiscal 
Year 2011.
    On July 12, 2012, GAO released a report titled ``Trade 
Adjustment Assistance: USDA Has Enhanced Technical Assistance 
for Farmers and Fishermen, but Steps Are Needed to Better 
Evaluate Program Effectiveness.'' The report was mandated by 
the Trade and Globalization Adjustment Assistance Act of 2009.
    On September 1, 2012, GAO released a report titled ``Trade 
Adjustment Assistance: Changes to the Workers Program Benefited 
Participants but Little Is Known About Outcomes.'' The report 
was mandated by the Trade and Globalization Adjustment 
Assistance Act of 2009.
    On September 13, 2012, GAO released a report titled ``Trade 
Adjustment Assistance: Commerce Program Has Helped 
Manufacturing and Services Firms, but Measures, Data, and 
Funding Formula Could Improve.'' The report was mandated by the 
Trade and Globalization Adjustment Assistance Act of 2009.
    On September 28, 2012, GAO released a report titled ``Trade 
Adjustment Assistance: Labor Awarded Community College Grants 
in Accordance with Requirements, but Needs to Improve Its 
Process.'' The report was mandated by the Trade and 
Globalization Adjustment Assistance Act of 2009.

9. Priorities of U.S. Customs and Border Protection

    Action taken: The Committee continued its oversight 
concerning customs revenue functions and trade facilitation, 
including enforcement of U.S. trade and customs laws and 
regulations. Monthly Committee staff sessions with Customs and 
Border Protection (CBP) have provided the Committee with 
valuable information concerning these issues as the Committee 
considered legislative proposals related to CBP's capacity, 
resources, and organizational structure to carry out its 
mandate and various other issues.
    On October 18, 2011, the Committee received a report from 
CBP on regulations and significant rulings, as required by 
Department of Treasury Order No. 100-16 (68 Federal Register 
28322-28323).
    On May 10, 2012, Representative Charles Boustany introduced 
H.R. 5708 to prevent the evasion of antidumping and 
countervailing duty orders.
    On May 17, 2012, the Subcommittee held a hearing on 
supporting economic growth and job creation through customs 
trade modernization, facilitation, and enforcement. The 
Subcommittee received testimony from (i) David Aguilar, Acting 
Commissioner, U.S. Customs and Border Protection, U.S. 
Department of Homeland Security; (ii) Kumar Kibble, Deputy 
Director U.S. Immigration and Customs Enforcement, U.S. 
Department of Homeland Security; (iii) Timothy Skud, Deputy 
Assistant Secretary for Tax, Trade and Tariff Policy, U.S. 
Department of the Treasury; (iv) The Honorable George Weise, 
Executive Vice President, Sandler & Travis Trade Advisory 
Services (former Commissioner of Customs), testifying on his 
own behalf; (v) Darrell Sekin, Jr., President and CEO, DJS 
International Services, and President, National Customs Brokers 
and Forwarders Association of America, Inc.; and (vi) Michael 
Mullen, Executive Director, Express Association of America.
    On December 17, 2012, Trade Subcommittee Kevin Brady 
introduced H.R. 6642, the ``Customs Trade Facilitation and 
Enforcement Act of 2012,'' to address streamlining, 
facilitating, and modernizing Customs functions, as well as 
improving enforcement of U.S. laws, including antidumping and 
countervailing duty laws, through the inclusion of H.R. 5708 
(Representative Boustany). On December 13, 2012, Ranking Member 
Sander Levin and Trade Subcommittee Ranking Member Jim 
McDermott introduced H.R. 6656.

10. Miscellaneous Tariff Bill (``MTB'')

    Action taken: The Committee continued its work concerning 
noncontroversial bills to eliminate or reduce duties on 
products not made in sufficient quantities in the United 
States.
    On December 15, 2011, Chairman Camp sent a letter to 
Congressman Mick Mulvaney responding to his inquiry as to when 
the 112th Congress MTB process would commence.
    On March 30, 2012, Chairman Camp along with Ranking Member 
Levin, Chairman Brady, and Ranking Member McDermott announced 
the commencement of the Miscellaneous Tariff Bill (MTB) 
process, requiring Members to introduce bills by April 30, 
2012. Due to the overwhelming Member interest in participating 
in the process, the Committee subsequently informed Members 
that they would meet the April 30 deadline if their draft bills 
were submitted to Legislative Counsel on April 30 and then 
introduced and submitted to the Ways and Means Committee online 
MTB submission process no later than on May 16, 2012. The 
Committee then announced on May 24, 2012, that it would accept 
public comments on the submitted bills until June 22, 2012. 
Because of the sheer number of bills that were submitted to the 
Committee's MTB process, the Committee continued to receive 
public comments on the submitted bills through the process and, 
in keeping with the Committee's commitment to transparency, 
these comments were posted on the Committee website. The 
independent International Trade Commission reviewed the 
submitted bills, provided reports to the Committee, and posted 
the reports on its own website. The Department of Commerce, 
which spearheads the review of the submitted bills by the 
Administration, also reviewed the submitted bills and provided 
reports to the Committee. All of these reports were made 
available on the Committee's website. The Committee worked with 
the Senate Finance Committee to prepare the bicameral, 
bipartisan legislation for floor consideration. On January 1, 
2013, Chairman Camp, Ranking Member Levin, Trade Subcommittee 
Chairman Brady, and Trade Subcommittee Ranking Member McDermott 
introduced H.R. 6727, the U.S. Job Creation and Manufacturing 
Act of 2013, reflecting over 2000 provisions he package 
includes provisions from more than 2,000 bills introduced in 
the House and Senate during the MTB process.

11. Priorities of the Office of the United States Trade Representative

    Action taken: Chairman Camp, together with Ranking Member 
Levin, Trade Subcommittee Chairman Brady, and Trade 
Subcommittee Ranking Member McDermott, sent a letter on May 25, 
2011, to House Appropriators asking assurance of adequate 
resources for USTR.
    The Committee held staff briefings with USTR to discuss its 
budget and priorities, including the recently created inter-
agency enforcement center. The Committee also followed closely 
the Commerce, Justice, Science, and Related Agencies 
Appropriations Act, 2013 (H.R. 5326), which included USTR's FY 
13 appropriation and which passed the House on May 10, 2012.
    The Committee continues to have regular consultations with 
USTR to discuss priorities.

12. Priorities of the United States International Trade Commission

    Action taken: The Committee continued its oversight over 
the Commission concerning overall priorities and operations, 
examining the Commission's budget and financial statements and 
engaging in regular consultations with the agency. The 
Committee also followed closely the Commerce, Justice, Science, 
and Related Agencies Appropriations Act, 2013 (H.R. 5326), 
which included the ITC's FY 13 appropriation and which passed 
the House on May 10, 2012.

                         SUBCOMMITTEE ON HEALTH

Actions Taken

    1. Letter to IRS regarding AARP's 501(3)(c) tax-exempt 
status. As a follow-up to the joint hearing between the 
Subcommittee on Health and the Oversight Subcommittee regarding 
the appropriateness of AARP's organizational structure, 
reliance on insurance revenue, and AARP's financial windfall 
from the Democrats' health care law, three Members of the 
Committee sent a letter to the IRS requesting a review of 
AARP's tax-exempt status. The requested review was based on a 
Congressional report detailing that AARP stands to gain an 
additional $1 billion in revenues as a result of the law and in 
particular the one-half trillion dollars in Medicare cuts.
    The IRS responded on May 26, 2011, that it received the 
letter and referred the request to its Exempt Organizations 
Examination office in Dallas, TX.
    2. Letter to HHS Secretary Sebelius regarding the Community 
Living Assistance Services and Support (CLASS) Act. The 
Subcommittee sent letter to HHS on April 13, 2011 requesting 
the Secretary explain what legal authority she was relying on 
to modify the CLASS Act in order to make the program 
actuarially sound. Secretary Sebelius responded June 3, 2011 
without referring to any specific statutory provisions, but a 
more general reliance on the Administrative Procedures Act.
    3. Letter to HHS Secretary Sebelius expressing concerns 
with the Secretary's letter on H.R. 1. On March 9, 2011, 
Chairman Camp sent a letter with Senate Finance Ranking Member 
Hatch criticizing HHS for its assertions regarding the impact 
of the House-passed Full-Year Continuing Appropriations Act and 
HHS' ability to run the Medicare Advantage program. Secretary 
Sebelius has yet to respond to this letter.
    4. Letter to HHS Secretary Sebelius regarding the Medicare 
Advantage quality bonus demonstration program (MA QBP). 
Chairman Camp sent a letter with Senate Finance Ranking Member 
Hatch to Secretary Sebelius on April 13, 2011, outlining 
concerns with the Department's authority to enact the MA QBP. 
This demonstration program was authorized under Section 402 of 
the Social Security Act, which generally requires such 
demonstrations to be budget neutral. However, CMS actuaries 
estimated the actual cost of this demonstration to be $8.3 
billion over ten years. On May 26, 2011, CMS Administrator Don 
Berwick responded on behalf of Secretary Sebelius but did not 
address any of the questions raised by Chairman Camp and 
Senator Hatch.
    5. Letter to President Obama requesting further information 
regarding his proposed Medicare and Medicaid savings plan. On 
April 20, 2011, Chairman Camp and Energy and Commerce Chairman 
Fred Upton wrote to President Obama requesting specific 
information regarding the Medicare and Medicaid savings the 
president included in an informal second budget proposal 
submission. The President announced that he would seek $340 
billion in savings from these programs by 2021, $480 billion by 
2023 and at least an additional $1 trillion in the subsequent 
decade but provided little detail as to how the savings would 
be achieved or what he was basing the savings figures on. As of 
January 2, 2012, the White House has yet to respond to this 
letter.
    6. Letter to HHS Secretary Sebelius on Administration 
Health Care Waivers. On May 24, 2011, Chairman Camp and Senate 
Finance Committee Ranking Member Hatch sent a letter to HHS 
Secretary Sebelius inquiring about the agency's protocol for 
reviewing and approving or denying requests for waivers from 
the new health laws requirements regarding health plans' annual 
limits on benefits. Chairman Camp and Senator Hatch expressed 
concern about the lack of transparency in the waiver process 
and the failure to conduct appropriate outreach to companies 
who may be eligible for a waiver. HHS has yet to respond to 
this letter.
    7. Letter to HHS Secretary Sebelius on Michigan's Medical 
Loss Ratio Waiver Request (HHS). On July 28, 2011, Chairman 
Camp and Chairman Upton sent a letter to HHS Secretary Sebelius 
asking that she grant a waiver requested by Michigan's 
Department of Licensing and Regulatory Affairs request for an 
adjustment to the minimum medical loss ratio (MLR) for 
Michigan's individual market in order to prevent a significant 
disruption in the market.
    8. On May 1, 2012, the Committee majority staff prepared a 
report for the Chairman where data from 71 Fortune 100 
companies show these companies could save hundreds of millions 
of dollars per year beginning in 2014 by simply terminating 
health insurance for their workers and dumping these employees 
into taxpayer-funded health care exchanges. Based on an 
aggregation of the data received, if the 71 Fortune 100 
companies that replied to the survey ceased to offer health 
care coverage and paid the employer mandate penalty, they could 
save a total of $28.6 billion in 2014 (an average savings of 
over $400 million per company) and $422.4 billion from 2014-
2023 (an average savings of nearly $6 billion per company).
    9. Letters to Department of Health and Human Services (HHS) 
Secretary Kathleen Sebelius and Centers for Medicare and 
Medicaid Services (CMS) Chief Actuary Richard Foster regarding 
the Medicare Advantage quality bonus demonstration program (MA 
QBP). On July 20, 2012, Chairman Camp sent a letter with 
Subcommittee on Health Chairman Herger to Secretary Sebelius, 
regarding a Government Accountability Office (GAO) report that 
declared that HHS exceeded its legal authority in implementing 
the MA QBP. This demonstration program was authorized under 
Section 402 of the Social Security Act, which generally 
requires such demonstrations to be budget neutral. However, CMS 
actuaries estimated the actual cost of this demonstration to be 
$8.3 billion over ten years. The letter highlighted specific 
concerns about the MA QBP raised by GAO and the Medicare 
Payment Advisory Commission and requested all documentation 
regarding the development of the MA QBP. Mr. Foster fully 
complied with this request, while HHS has not.
    10. Letter to Government Accountability Office (GAO) 
Comptroller General Gene Dodaro regarding the CMS' use of funds 
for programs and systems not related to Medicare and Medicaid. 
On August 9, 2012, Chairman Camp along with Subcommittee on 
Health Chairman Herger and Subcommittee on Oversight Chairman 
Boustany sent a letter to Comptroller General Dodaro regarding 
concerns that CMS was diverting funds from managing the 
Medicare and Medicaid programs to cover costs related to the 
implementation of the Democrats' health care law. The letter 
cites the Obama Administration's decision to move the Center 
for Consumer Information and Insurance Oversight (CCIIO), the 
agency assigned with implementing many elements of the 
Democrats health care law, into CMS, a move that raised wide 
concerns over implementation transparency. The letter requested 
a full audit of CMS funds used for CCIIO-related activity.
    11. Letter to Secretary Sebelius expressing concerns about 
the final electronic health records (EHR) State 2 meaningful 
use program rules. On October 4, 2012, Chairman Camp, along 
with Subcommittee on Health Chairman Herger, Energy and 
Commerce Chairman Upton, and Energy and Commerce Health 
Subcommittee Chairman Pitts, sent a letter to Secretary 
Sebelius regarding the health information technology 
regulations. The letter highlighted concerns that HHS is 
squandering taxpayer dollars by asking little of providers in 
return for incentive payments, especially as it relates to the 
ability to exchanging electronic information across providers 
and settings. Reports revealed that the EHR systems may be 
leading to higher Medicare spending and greater inefficiencies 
while doing little, if anything, to improve health outcomes.

                    SUBCOMMITTEE ON HUMAN RESOURCES

1. Improving Efforts to Help Unemployed Americans Find Jobs

    Actions Taken: On February 10, 2011, the Subcommittee 
received testimony on improving efforts to help unemployed 
Americans find jobs from (i) Kristen Cox, Executive Director, 
Utah Workforce Services; (ii) Tom Pauken, Chairman, Texas 
Workforce Commission; (iii) Heather Boushey, Ph.D., Senior 
Economist, Center for American Progress; and (iv) Douglas J. 
Holmes, President, UWC-Strategic Services on Unemployment and 
Workers' Compensation. The hearing focused on current policies 
and programs designed to help unemployed individuals return to 
work and how they can be improved.

2. Use of Data Matching to Improve Customer Service, Program Integrity, 
        and Taxpayer Savings

    Actions Taken: On March 11, 2011, the Subcommittee received 
testimony on the use of data matching to improve customer 
service, program integrity, and taxpayer savings from (i) The 
Honorable Patrick P. O'Carroll, Jr., Inspector General, Social 
Security Administration; (ii) Sundhar Sekhar, Principal, 
National Health and Human Services Practice Leader, Deloitte 
Consulting; (iii) Joseph Vitale, Director, Information 
Technology Systems Center (ITSC), National Association of State 
Workforce Agencies (NASWA); (iv) Elizabeth Lower-Basch, Senior 
Policy Analyst, Center for Law and Social Policy; and (v) Ron 
Thornburgh, Senior Vice President of Business Development, NIC. 
The hearing focused on the use of data matching to improve 
public benefit programs under the Subcommittee's jurisdiction.
    On April 19, 2012, the Subcommittee received testimony on 
the use of technology to better target benefits and eliminate 
waste, fraud, and abuse from (i) Donna Roy, Executive Director, 
National Information Exchange Model (NIEM), U.S. Department of 
Homeland Security; (ii) The Honorable George Sheldon, Acting 
Assistant Secretary, Administration for Children and Families, 
U.S. Department of Health and Human Services; (iii) Robert 
Doar, Commissioner, Human Resources Administration, New York 
City; (iv) Ginger Zielinskie, Executive Director, Benefits Data 
Trust; (v) Darryl McDonald, Executive Vice President, Teradata 
Corporation; and (vi) Campbell Pryde, President and Chief 
Executive Officer, XBRL US. The hearing focused on current and 
future data standardization efforts designed to increase the 
use of technology to improve the administration of public 
benefit programs.
    On July 25, 2012, the Subcommittee received testimony on 
the use of technology to improve the administration of SSI's 
financial eligibility requirements. The hearing reviewed SSI 
financial eligibility requirements and the use of technology to 
improve their administration. The subcommittee received 
testimony from (i) Carolyn Colvin, Deputy Commissioner, Social 
Security Administration; (ii) Patrick P. O'Carroll, Jr., 
Inspector General, Social Security Administration; (iii) Paul 
Soczynski, Director of Government Services, Accuity Solutions; 
(iv) Marty Ford, Director, Public Policy Office, The Arc of the 
United States; and (v) Douglas Besharov, Professor, School of 
Public Policy, University of Maryland.

3. Hearing on GAO Report on Duplication of Government Programs; Focus 
        on Welfare and Related Programs

    Actions Taken: On April 5, 2011, the Subcommittee received 
testimony regarding the GAO report on the duplication of 
government programs from (i) Kay E. Brown, Director, Education, 
Workforce, and Income Security, U.S. Government Accountability 
Office; (ii) LaDonna Pavetti, Vice President for Family Income 
Support Policy, Center on Budget and Policy Priorities; and 
(iii) Robert Rector, Senior Research Fellow, Domestic Policy, 
The Heritage Foundation. The hearing focused on overlap 
involving welfare and related programs under the Subcommittee's 
jurisdiction, and considered recommendations for reducing such 
duplication and providing more effective services to low-income 
families.
    The Committee print, ``Budget Reconciliation Legislative 
Recommendations Relating to Repeal of Block Grants to States 
for Social Services'' was favorably transmitted by the 
Committee without amendment to the House Budget Committee by a 
roll call vote of 22-14 on April 27, 2012. The Committee print 
repealed sections 2001 through 2007 of title XX of the Social 
Security Act, ending authorization for the $1.7 billion Social 
Services Block Grant (SSBG) on September 30, 2012. On May 9, 
2012, the House Budget Committee favorably reported H.R. 5652, 
the ``Sequester Replacement Reconciliation Act of 2012,'' 
containing the transmitted legislative recommendations from the 
Committee including the repeal of the SSBG. On May 10, 2012, 
the House passed H.R. 5652 by a recorded vote of 218-199, with 
one Member voting ``Present.''

4. Reviewing Programs Designed to Protect At-Risk Youth

    Actions Taken: On June 16, 2011, the Subcommittee received 
testimony on programs designed to protect at-risk youth from 
(i) The Honorable Dennis R. ``Denny'' Rehberg, a Representative 
from the State of Montana; (ii) The Honorable Karen R. Bass, a 
Representative from the State of California; (iii) The 
Honorable Bryan Samuels, Commissioner, Administration on 
Children, Youth and Families, Administration for Children and 
Families, U.S. Department of Health and Human Services; (iv) 
Patricia R. Wilson, Commissioner, Department for Community 
Based Services, Kentucky Cabinet for Health and Family 
Services; (v) Lelia Baum Hopper, Director, Court Improvement 
Program, Supreme Court of Virginia; (vi) Tracy Wareing, 
Executive Director, American Public Human Services Association; 
(vii) John Sciamanna, Director, Policy and Government Affairs, 
Child Welfare, American Humane Association; and (viii) Steve 
Yager, Deputy Director, Children's Services Administration, 
Michigan Department of Human Services. The hearing reviewed 
recent changes to the Stephanie Tubbs Jones Child Welfare 
Services program and the Promoting Safe and Stable Families 
program, as well as considered whether additional changes 
should be made in legislation to reauthorize these programs.

5. Preventing Child Deaths Due to Maltreatment

    Actions Taken: On July 12, 2011, the Subcommittee received 
testimony on child deaths due to maltreatment from (i) Kay E. 
Brown, Director, Education, Workforce, and Income Security, 
U.S. Government Accountability Office; (ii) Tamara Tunie, 
Actor, Law and Order: SVU and Spokesperson, National Coalition 
to End Child Abuse Deaths; (iii) Theresa Covington, M.P.H., 
Director, The National Center for Child Death Review; (iv) 
Michael Petit, President and Founder, Every Child Matters 
Education Fund; (v) Carole Jenny, M.D., Director, Child 
Protection Program, Hasbro Children's Hospital; and (vi) Jane 
McClure Burstain, Ph.D., Senior Policy Analyst, Center for 
Public Policy Priorities. The hearing reviewed data on child 
deaths due to maltreatment, questioned how to improve the 
accuracy of this data, and reviewed how improving the accuracy 
of this data may help prevent future fatalities.

6. Improving Work and Other Welfare Reform Goals

    Actions Taken: On September 8, 2011, the Subcommittee 
received testimony focusing on oversight of the TANF program 
along with proposals to improve work and other TANF goals as 
part of legislation to extend TANF and related programs. The 
Subcommittee received testimony from (i) Gary Alexander, 
Secretary, Pennsylvania Department of Public Welfare; (ii) Kay 
E. Brown, Director, Education, Workforce, and Income Security, 
U.S. Government Accountability Office; (iii) Douglas Besharov, 
Professor, School of Public Policy, University of Maryland; 
(iv) Scott Wetzler, Ph.D., Vice Chairman and Professor, 
Department of Psychiatry and Behavioral Sciences, Montefiore 
Medical Center; and (v) LaDonna Pavetti, Ph.D., Vice President 
for Family Income Support Policy, Center on Budget and Policy 
Priorities.
    On May 17, 2012, the Subcommittee received testimony on 
State TANF spending and its impact on work requirements from 
(i) Kay E. Brown, Director, Education, Workforce, and Income 
Security, U.S. Government Accountability Office; (ii) Grant 
Collins, Senior Vice President for Workforce Services, ResCare; 
(iii) Carol Cartledge, Director, Economic Assistance Policy 
Division, North Dakota Department of Human Services; (iv) Peter 
Palermino, TANF Administrator, Connecticut Department of Social 
Services, Representing the American Public Human Services 
Association; and (v) LaDonna Pavetti, Ph.D., Vice President for 
Family Income Support Policy, Center on Budget and Policy 
Priorities. The hearing focused on TANF State Maintenance of 
Effort (MOE) spending requirements and their interaction with 
TANF work requirements.
    On June 27, 2012, the Subcommittee on Select Revenue 
Measures and the Subcommittee on Human Resources held a joint 
hearing on how welfare and tax benefits can discourage work. 
The hearing focused on the interaction of various welfare and 
tax credit programs and how concurrent receipt of benefits from 
multiple programs can create perverse incentives that 
discourage work and higher earnings. The Subcommittees received 
testimony from (i) The Right Honorable Iain Duncan Smith, 
Secretary of State for Work and Pensions, United Kingdom; (ii) 
Representative Gwen Moore (D-WI); (iii) Clifford Thies, Ph.D., 
Professor of Economics and Finance, Shenandoah University; (iv) 
Eugene Steuerle, Ph.D., Senior Fellow, The Urban Institute; (v) 
Jared Bernstein, Ph.D., Senior Fellow, Center on Budget and 
Policy Priorities; and (vi) Ike Brannon, Ph.D., Director of 
Economic Policy and Congressional Relations, American Action 
Forum.
    On July 13, 2012, Chairman Camp and Ranking Member Hatch 
sent a letter to HHS Secretary Sebelius asking for further 
explanation of the Administration's claim of authority to allow 
States to waive welfare work requirements included in the July 
12, 2012 ``Information Memorandum.'' HHS responded on July 18, 
2012 by citing requests by Republican and Democratic Governors 
for more flexibility with implementing the work requirements.
    On July 31, 2012, Chairman Camp and Ranking Member Orrin 
Hatch of the Senate Finance Committee requested that the 
Government Accountability Office (GAO) (1) review whether the 
July 12, 2012 HHS guidance constituted a rule for the purposes 
of the Congressional Review Act and to (2) determine whether 
any prior Secretary of HHS had suggested that he or she had the 
authority to waive section 407 work requirements. On September 
4, 2012, the GAO responded that the HHS action was a ``rule'' 
under the Congressional Review Act, concluding that ``the July 
12, 2012 Information Memorandum is a rule under the CRA. 
Therefore, it must be submitted to Congress and the Comptroller 
General before taking effect.''
    On September 11, 2012, Chairman Camp introduced H.J. Res. 
118 to disapprove of the Administration's July 2012 guidance 
claiming the authority to allow States to waive TANF work 
requirements. Two days later, on September 13, 2012, the 
Committee held a markup and reported the bill favorably (H. 
Rept. 112-677 Part I). The Committee on Education and the 
Workforce also held a mark-up on H.J. Res. 118 on September 13, 
2012 and reported the bill favorably (H. Rept. 112-677 Part 
II). The House passed H.J. Res 118 by a recorded vote of 250-
164 on September 20, 2012 (Roll No. 589). The bill was received 
in the Senate on September 21, 2012.
    On September 21, 2012, Chairman Camp and Ranking Member 
Hatch sent another letter to HHS regarding GAO's determination 
that the Information Memorandum constituted a rule through the 
Congressional Review Act. This letter requested ``all 
correspondence'' relating to the rule in addition to a response 
regarding the determination.
    On October 25, 2012, Chairman Camp (accompanied by the 
Chairmen of the House Committees on Education and the 
Workforce, Agriculture, and Energy and Commerce, and the 
Ranking Members of the Senate Committees on Finance, Health, 
Education, Labor and Pensions, and Agriculture, Nutrition and 
Forestry) sent a letter to HHS Secretary Sebelius requesting an 
explanation of (1) why HHS had not issued since 2008 a Report 
on Indicators of Welfare Dependence, required by law to be 
presented annually to these key Congressional committees, and 
(2) when the Committees should expect to finally see this 
report.

7. Work Incentives in Social Security Disability Programs

    Actions Taken: On September 23, 2011, the Subcommittee on 
Human Resources and the Subcommittee on Social Security held a 
joint hearing on work incentives in Social Security disability 
programs and received testimony from (i) Robert R. Williams, 
Associate Commissioner, Office of Employment Support Programs, 
accompanied by Dr. Robert R. Weathers II, Deputy Associate 
Commissioner, Office of Program Development and Research, 
Social Security Administration; (ii) Dan Bertoni, Director, 
Education, Workforce, and Income Security Issues, U.S. 
Government Accountability Office; (iii) Deb Russell, Manager, 
Outreach and Employee Services, Walgreens Company; (iv) James 
Hanophy, Assistant Commissioner, Texas Department of Assistive 
and Rehabilitative Services, Austin, Texas, on behalf of the 
Council of State Administrators of Vocational Rehabilitation; 
(v) Cheryl Bates-Harris, Senior Disability Advocacy Specialist, 
National Disability Rights Network, on behalf of the Consortium 
for Citizens with Disabilities Employment and Training Task 
Force; and (vi) John Kregel, Professor, Special Education and 
Disability Policy, Virginia Commonwealth University, Richmond, 
Virginia. The hearing focused on the current work incentives in 
the SSDI and SSI programs and their impact on the number of 
individuals exiting the benefit rolls, including the data and 
reports documenting such impact. The Subcommittees also 
examined recommended performance standards to guide future 
evaluations of work incentives programs, with particular focus 
on Ticket to Work, WIPA, PABSS, and Vocational Rehabilitation 
Services. In addition, ongoing and proposed SSDI demonstration 
projects were also reviewed.

8. Supplemental Security Income Benefits for Children

    Actions Taken: On October 27, 2011, the Subcommittee on 
Human Resources and the Subcommittee on Social Security held a 
joint hearing on SSI benefits for children and received 
testimony from (i) Daniel Bertoni, Director, Education, 
Workforce, and Income Security, U.S. Government Accountability 
Office; (ii) Richard V. Burkhauser, Ph.D., Professor, 
Department of Policy Analysis and Management, Cornell 
University; (iii) David Wittenburg, Ph.D., Senior Researcher, 
Mathematica Policy Research; (iv) Jonathan M. Stein, General 
Counsel, Community Legal Services of Philadelphia and Member, 
SSI Coalition for Children and Families; and (v) Elizabeth J. 
Roberts, M.D., Child and Adolescent Psychiatrist. The hearing 
focused on oversight of SSI benefits for children, including 
trends, program growth, and recipient outcomes.

                    SUBCOMMITTEE ON SOCIAL SECURITY

1. Strengthening Social Security

    Action Taken: On June 3, 2011, the Subcommittee held a 
hearing on the 2011 Annual Report of the Social Security Board 
of Trustees. Testimony was received from (i) Charles P. 
Blahous, Trustee, Social Security and Medicare Boards of 
Trustees; and (ii) Robert Reischauer, Trustee, Social Security 
and Medicare Boards of Trustees. The witnesses provided an 
overview of Social Security financing and discussed causes 
behind Social Security's looming insolvency, including lower 
fertility rates, longer life expectancies, retirement of Baby 
Boomers and the recent recession. According to the Trustees' 
projections, based on their intermediate assumptions, Social 
Security tax revenues will cover 77 percent of scheduled 
benefits beginning in 2036. In addition, both witnesses urged 
Congress to act soon to save Social Security in order to 
protect those who are most vulnerable, to allow families time 
to prepare for retirement, and to ensure the burden is shared 
across generations.
    On June 23, 2011, the Subcommittee held a hearing on Social 
Security's finances, focusing on Social Security's current 
revenue streams, proposed changes to those structures and the 
impact they would have on the program, beneficiaries, workers 
and the economy. Testimony was received from (i) Thomas 
Barthold, Chief of Staff, Joint Committee on Taxation; (ii) 
Alex Brill, Research Fellow, American Enterprise Institute; 
(iii) Andrew Biggs, Resident Scholar, American Enterprise 
Institute; (iv) Mark Warshawsky, Member, Social Security 
Advisory Board; (v) Stephen Goss, Chief Actuary, Social 
Security Administration; and (vi) Tim Lee, Texas Retirement 
Teachers Association, on behalf of the Coalition to Preserve 
Retirement Security. Witnesses discussed program financing 
issues including how payroll taxes apply to wages, the numerous 
exceptions to the definitions of wages, and the current law 
reduction in the payroll tax paid by employees and its impacts. 
Testimony also reviewed the impacts of mandating Social 
Security coverage for all newly hired public workers (including 
reductions in existing defined benefit plans, reduced 
government services and/or increases in State and local taxes 
or fees) the tradeoffs between benefit adjustments and revenue 
increases for Social Security, and the negative effects of 
payroll tax rate or taxable wage base increases, including 
discouraging work, decreasing savings and hindering the ability 
of small businesses to create jobs.
    On July 8, 2011, the Subcommittee held a hearing on Social 
Security's finances, focusing on Social Security's current 
benefit expenditures, proposed changes to future benefits and 
the impact those changes would have on the program, future 
beneficiaries, workers, and the economy. Testimony was received 
from (i) Sylvester J. Schieber, Independent Consultant; (ii) 
Thomas S. Terry, President, T. Terry Consulting; (iii) C. 
Eugene Steuerle, Senior Fellow, Urban Institute; (iv) Joan 
Entmacher, Vice President for Family Economic Security, 
National Women's Law Center; (v) Charles P. Blahous, Research 
Fellow, Hoover Institution; and (vi) Barbara Bovbjerg, Director 
for Education, Workforce, and Income Security, U.S. Government 
Accountability Office (GAO). Witnesses pointed out the 
inequities of the program, including those involving women, 
one-earner versus two-earner couples, needed benefit 
enhancements for those who are most vulnerable, the shifting 
balance between working years and retirement years due to 
increases in life expectancy, the importance of incentives for 
greater participation in the labor force, and the impact of 
using different consumer price indices for cost of living 
adjustments. Witnesses agreed that the sooner Congress acts to 
strengthen the program, the better. Ms. Bovbjerg highlighted 
the findings of a GAO report requested on May 20, 2011, by 
Chairman Johnson examining the actions taken by the Social 
Security Administration (SSA) to move the Social Security 
Statement online and to assess planned improvements to the 
statement. Her testimony highlighted the purpose of the 
currently suspended Social Security Statement and how crucial 
it is to the millions of Americans affected by Social Security, 
along with the fact that the statement serves as the agency's 
primary method of communicating with workers. Efforts to 
improve the statement and implement a system for public online 
access to the statement were also reviewed.
    On June 21, 2012, the Subcommittee held a hearing on the 
2012 Annual Report of the Social Security Board of Trustees. 
Testimony was received from the following witnesses: (i) 
Charles P. Blahous III, Trustee, Social Security and Medicare 
Boards of Trustees; and (ii) Robert D. Reischauer, Trustee, 
Social Security and Medicare Boards of Trustees. The hearing 
focused on the challenges that Social Security faces, the key 
drivers of those challenges and the cost of delaying reform. 
Witnesses argued for the need for prompt action, specifically 
within the next five years, in order to secure Social 
Security's future. The hearing also addressed issues related to 
the payroll tax holiday due to expire at the end of 2012. Both 
witnesses stated Social Security's financing should be 
preserved as it was originally intended and that Congress 
therefore should not extend the holiday beyond its current 
expiration date.

2. Stewardship of Social Security Programs

    Action Taken: On April 14, 2011, the Subcommittee held a 
hearing on the Social Security Administration's (SSA) role in 
verifying employment eligibility. Testimony was received from 
(i) Richard M. Stana, Director, Homeland Security and Justice, 
United States Government Accountability Office; (ii) Marianna 
LaCanfora, Assistant Deputy Commissioner, Office of Retirement 
and Disability Policy, Social Security Administration; (iii) 
Tyler Moran, Policy Director, National Immigration Law Center; 
(iv) Ana I. Anton, Ph.D., Professor, Department of Computer 
Science, College of Engineering, North Carolina State 
University, on behalf of the Association for Computing 
Machinery; and (v) Austin T. Fragomen, Jr., Chairman of the 
Board of Directors of the American Council on International 
Personnel, on behalf of the HR Initiative for a Legal 
Workforce. Witnesses discussed the progress made and challenges 
created by E-Verify, including the potential burdens on 
employees and the SSA's budget. In addition, current 
shortcomings and potential improvements to the verification 
process were considered.
    On June 14, 2011, the Subcommittees on Oversight and Social 
Security held a joint hearing on the accuracy of payments made 
by the SSA. Testimony was received from (i) Carolyn Colvin, 
Deputy Commissioner, Social Security Administration; (ii) 
Patrick P. O'Carroll, Jr., Inspector General, Social Security 
Administration; (iii) Dan Bertoni, Director, Education, 
Workforce and Income Security Issues, U.S. Government 
Accountability Office; (iv) Ann P. Roberts, Deputy Director, 
Bureau of Disability Determination Services, Illinois 
Department of Human Services, on behalf of the National Council 
of Disability Determination Directors; and (v) Joseph Dirago, 
President, National Council of Social Security Management 
Associations. Further information about this hearing is 
included in the Subcommittee on Oversight section of this 
report.
    Other Actions Taken: On April 9, 2011, Chairman Johnson 
requested a report from the SSA Inspector General (IG) on the 
SSA's funding and use of the Limitation on Administrative 
Expenses (LAE) which is the mechanism used by the Committee on 
Appropriations to pay for SSA's administrative expenses. During 
previous appropriations cycles, the SSA had transferred money 
from its LAE account to an Information Technology Systems (ITS) 
fund, bringing the balance to $1 billion. The request letter 
and the subsequent October 2011 IG report provided a rationale 
for Congress' previous decisions made in early 2011 to rescind 
monies sitting in the ITS fund, thereby creating budget savings 
and making the funding of the SSA more accurate and transparent 
for the Fiscal Year (FY) 2011 funding cycle and beyond.
    On July 9, 2012, Chairman Johnson requested the SSA 
Inspector General to review the current interagency agreement 
between the SSA and the Office of Personnel Management (OPM) to 
determine whether the OPM provided the SSA with the required 
performance reports related to the FY 2011 ALJ services prior 
to the SSA's payment for these services and whether available 
accounting and performance details adequately support the 
amount the SSA paid for these services. The Subcommittee also 
requested a signed copy of the FY 2012 interagency agreement 
and an explanation for any delay if the agreement was not 
signed. The Subcommittee is concerned about the increasing 
costs associated with the SSA's interagency agreement with the 
OPM for services related to ALJs. In FY 2011, the SSA paid 
approximately $2.2 million to the OPM for ALJ-related services, 
almost three times more than the approximately $785,000 paid in 
FY 2005, without any apparent change in the scope of service 
over the same period.

3. Use of the Social Security Number

    Action Taken: On April 13, 2011, the Subcommittee held a 
hearing on the role of Social Security numbers (SSNs) in 
identity theft and options to guard its privacy. Testimony was 
received from (i) The Honorable Patrick P. O'Carroll Jr., 
Inspector General, Social Security Administration; (ii) 
Maneesha Mithal, Associate Director of the Division of Privacy 
and Identity Protection, Federal Trade Commission; and (iii) 
Theresa L. Gruber, Assistant Deputy Commissioner, Office of 
Operations, Social Security Administration. Witnesses discussed 
the impacts of identity theft, the role of SSNs in abetting 
identity theft, and options to restrict its use. In addition, 
the role of SSNs in administering Social Security programs and 
how the Social Security Administration (SSA) protects SSNs were 
considered, along with legislative proposals to limit the use 
of SSNs.
    On September 1, 2011, the Subcommittee held a field hearing 
in Plano, Texas on Social Security numbers and child identity 
theft. Testimony was received from (i) Stacey Lanius, of Plano, 
Texas; (ii) Steve Bryson, of Allen, Texas; (iii) Deanya 
Kueckelhan, Director, Southwest Region, Federal Trade 
Commission; (iv) Lynne M. Vieraitis, Ph.D., Associate Professor 
of Criminology, University of Texas at Dallas; and (v) Robert 
Feldt, Special Agent In-Charge, Office of the Inspector 
General, Social Security Administration, Dallas Field Division, 
accompanied by Antonio Puente, Special Agent, Dallas Field 
Division. The witnesses discussed the impacts of child identity 
theft, the role of SSNs in identity theft and options to better 
safeguard SSNs. In addition, the hearing examined the growing 
crime of child identity theft and the SSA's law enforcement 
role in protecting SSNs and assisting other law enforcement 
agencies in combating identity theft.
    On February 2, 2012, the Subcommittee held a hearing on 
Social Security's management of death data (including Social 
Security numbers) and the implications of the SSA's publically 
available Death Master File (DMF) in identity theft, including 
the theft of the identities of deceased children to obtain 
fraudulent tax refunds. Testimony was received from two witness 
panels. The first panel included (i) Michael J. Astrue, 
Commissioner, Social Security Administration. The second panel 
included (ii) Jonathan Agin, of Arlington, Virginia; (iii) 
Stuart K. Pratt, Chief Executive Officer, Consumer Data 
Industry Association; (iv) John Breyault, Vice President of 
Public Policy, Telecommunications & Fraud, National Consumers 
League; (v) Patrick P. O'Carroll, Jr., Inspector General, 
Social Security Administration; and (vi) Patricia Potrzebowski, 
Ph.D., Executive Director, National Associated for Public 
Health Statistics and Information Systems. Witnesses discussed 
the development of the SSA's death data files, legal issues 
surrounding death information and the role of the states in 
managing death records, and H.R. 3475 ``Keeping IDs Safe Act of 
2011'' introduced by Chairman Sam Johnson to end the SSA's 
public Death Master File publication. The Subcommittee also 
examined crime resulting from the publication of the sensitive 
data made available through the DMF and the actions the SSA is 
taking to better protect death records, including developing 
legislation permitting them to refuse requests for death 
information.
    On May 8, 2012, the Subcommittees on Oversight and Social 
Security held a hearing on identity theft and tax fraud. 
Testimony was received from the following witnesses: (i) J. 
Russell George, Treasury Inspector General for Tax 
Administration; (ii) Patrick P. O'Carroll, Jr., Inspector 
General, Social Security Administration; (iii) Steven T. 
Miller, Deputy Commissioner for Services and Enforcement, 
Internal Revenue Service; (iv) Nina E. Olson, National Taxpayer 
Advocate, Internal Revenue Service; and (v) David F. Black, 
General Counsel, Social Security Administration. The hearing 
detailed how the SSA's publication of the DMF provides 
criminals with the tools to file for and obtain multiple 
fraudulent tax refunds, and the processes the Internal Revenue 
Service is using in its attempts to detect and stop illegal 
refunds. Further information about this hearing is included in 
the Subcommittee on Oversight section of this report.
    On August 1, 2012, the Subcommittees on Social Security and 
Health held a hearing on removing Social Security numbers from 
beneficiaries' Medicare cards. Testimony was received from the 
following witnesses: (i) Tony Trenkle, Chief Information 
Officer and Director, Office of Information Services, Centers 
for Medicare and Medicaid Services; and (ii) Kathleen King, 
Director, Health Care, accompanied by Daniel Bertoni, Director, 
Education, Workforce, and Income Security, Government 
Accountability Office. Witnesses discussed options for removing 
SSNs from Medicare cards, including the cost and impact of 
doing so, along with reasons for why the Centers for Medicare 
and Medicaid Services (CMS) has failed to act. The CMS witness 
discussed their report, submitted in response to a July 2010 
bipartisan request from the Committee on Ways and Means, issued 
in November 2011 which provided cost estimates of three 
potential options for removing SSNs from Medicare cards. Under 
these options, which would each take four years to implement, 
the SSN would be replaced with a unique identifier where 
beneficiaries would be assigned a non-SSN identification 
number. CMS' cost estimates for these options ranged from $803 
to $845 million, nearly three times the cost CMS estimated in 
2006. CMS attributes the large cost increase primarily to 
system changes related to factors not included in the earlier 
estimate: the costs related to state Medicaid program systems 
for identifying beneficiaries dually eligible for Medicaid as 
well as Medicare, and accounting for relatively new programs 
such as the Part D Prescription Drug Program. The Government 
Accountability Office (GAO) witnesses testified that CMS' 
methodology and assumptions raises questions about the 
reliability and credibility of the CMS estimates and also 
reviewed GAO recommendations that CMS: 1) select an approach 
for removing SSNs from Medicare cards that best protects 
beneficiaries from identity theft and minimizes burdens for 
providers, beneficiaries and CMS, and 2) develop an accurate 
and well-documented cost estimate for such an option using 
standard cost-estimating procedures.
    Other Actions Taken: Chairman Sam Johnson requested a 
report, on April 14, 2011, by the GAO to determine if the SSA 
and the Department of Homeland Security (DHS) are properly 
assisting states in preparing their driver's licenses processes 
to comply with the identity verification requirements of the 
REAL ID Act, passed in 2005 and scheduled to begin January 
2013. If states do not meet these requirements, their licenses 
will not be accepted for official purposes under the Act. DHS 
is responsible for establishing how states may certify 
compliance and for determining compliance. The SSA helps states 
verify SSNs. In their response, ``Driver's License Security: 
Federal Leadership Needed To Address Remaining 
Vulnerabilities'' dated September 21, 2012, GAO recommended 
that DHS work with partners to take interim actions to help 
states address cross-state and birth certificate fraud and also 
recommended enhanced utilization of Social Security Online 
Verification to identify SSNs that are queried multiple times 
by different states to prevent multiple licenses involved in 
potential fraud.
    On September 13, 2011, Chairman Johnson and Subcommittee 
Member Lloyd Doggett asked the GAO to study the experience of 
the Veterans' Administration and the Department of Defense in 
removing SSNs from identity cards and how these lessons may be 
applicable to CMS in the removal of SSNs from Medicare cards. 
GAO's report, ``CMS Needs An Approach and A Reliable Cost 
Estimate for Removing SSNs from Medicare Cards'' dated August 
1, 2012, found CMS did not use rigorous methodology in 
assessing the best information technology and policy options 
for an alternative identifier to the SSN on the Medicare card. 
GAO also raised questions about the reliability and credibility 
of the CMS cost estimates for the three option CMS outlined. 
GAO recommend that CMS select an approach for removing SSNs 
from Medicare cards that protects beneficiaries from identity 
theft while minimizes problems and costs a new system would 
impose on providers, beneficiaries and the agency. GAO also 
urged CMS to develop an accurate and well-documented cost 
estimate for such an option using standard cost-estimating 
procedures.
    On September 7, 2012, Chairman Johnson and Subcommittee on 
Health Chairman Herger asked the GAO to further study CMS's 
efforts to find a credible solution to remove SSNs from 
Medicare cards, including; what other solutions CMS considered 
and the degree to which CMS analyzed the impacts of those 
solutions on their IT systems, whether CMS had considered a 
simplified solution that required only single point of entry 
change to their system, the role other agencies could play in 
determining and implementing the most efficient solution, and 
identifying technology modifications underway that could be 
leveraged to address replacing SSNs.

4. Challenges Facing the Disability Insurance (DI) Program

    Action Taken: On July 11, 2011, the Subcommittee and the 
Committee on Judiciary Subcommittee on Courts, Commercial & 
Administrative Law held a joint hearing on the role of Social 
Security Administrative Law Judges (ALJs). The Subcommittees 
received testimony from (i) Michael J. Astrue, Commissioner, 
Social Security Administration (SSA); and (ii) Christine 
Griffin, Deputy Director, Office of Personnel Management (OPM). 
Commissioner Astrue testified that by statute the SSA is 
limited in its management oversight and discipline of ALJs. He 
discussed the enhanced rigor he put in place for ALJ hiring as 
well as the more pro-active approach to ALJ discipline during 
his tenure. He noted that judges in his agency who award 
disability benefits more than 85 percent of the time cost 
taxpayers roughly $1 billion a year. The Commissioner also 
testified that productivity initiatives have reduced Social 
Security disability hearing wait times from a high of 505 days 
in August 2008 to 353 days in June 2011. His overall goal to 
improve wait times is 270 days. Deputy Director Christine 
Griffin testified that the OPM manages the ALJ register, from 
which agencies hire all ALJs. Ms. Griffin testified that the 
OPM's role is to administer the ALJ examination process and 
maintain a list of qualified ALJs that all agencies can access. 
She stated that the OPM does not make suitability findings or 
otherwise screen ALJ candidates. Agencies have sole 
responsibility for hiring, and managing ALJs. She also 
testified that agencies are restricted in rating the 
performance of ALJs in order to ensure that ALJs are free of 
agency interference, but that agencies can discipline ALJs if 
they establish good cause with the Merit Systems Protection 
Board, a process that typically takes two years while the ALJ 
remains in full pay status. Various options identified in 
testimony included legislative reforms that would assure 
consistency and fairness, instituting peer reviews among ALJs, 
time-limited instead of career appointments, and increasing ALJ 
performance and accountability through performance assessments.
    On September 23, 2011, the Subcommittees on Social Security 
and Human Resources held a joint hearing on work incentives in 
Social Security disability programs. The Subcommittees received 
testimony from (i) Robert R. Williams, Associate Commissioner, 
Office of Employment Support Programs, accompanied by Robert R. 
Weathers II, Deputy Associate Commissioner, Office of Program 
Development and Research, Social Security Administration; (ii) 
Dan Bertoni, Director, Education, Workforce, and Income 
Security Issues, U.S. Government Accountability Office (GAO); 
(iii) Deb Russell, Manager, Outreach and Employee Services, 
Walgreens Company; (iv) James Hanophy, Assistant Commissioner, 
Texas Department of Assistive and Rehabilitative Services, on 
behalf of the Council of State Administrators of Vocational 
Rehabilitation; (v) Cheryl Bates-Harris, Senior Disability 
Advocacy Specialist, National Disability Rights Network, on 
behalf of the Consortium for Citizens with Disabilities 
Employment and Training Task Force; and (vi) John Kregel, 
Professor, Special Education and Disability Policy, Virginia 
Commonwealth University. The witnesses discussed the 
effectiveness of the Ticket to Work, Work Incentive Planning 
and Assistance and Protection and Advocacy for Beneficiaries 
for Social Security programs and that the complexity of work 
incentive rules make the process of returning to work even more 
difficult. Mr. Bertoni's testimony covered the findings from a 
GAO report requested by Subcommittee Chairman Sam Johnson and 
Senate Judiciary Committee Ranking Member Chuck Grassley to 
determine the impact of 2008 regulatory changes affecting the 
SSA's return to work program, known as Ticket to Work. The GAO 
report highlighted several areas of concern including: a low 
overall participation rate of ticket holders in Ticket to Work; 
a shift in service approaches by Employment Networks (ENs) to 
focus on ticket holders who are already employed or do not need 
assistance obtaining employment; and a lack of adequate tools 
for the SSA to evaluate the effectiveness of ENs and the degree 
to which ticket holders are returning to work and exiting the 
benefit rolls. Testimony was also heard on the need to make 
Ticket to Work more accountable to beneficiaries and taxpayers 
through performance standards and measurable results.
    On December 2, 2011 the Subcommittee held its first hearing 
in a hearing series entitled ``Securing the Future of the 
Social Security Disability Insurance Program.'' Testimony was 
received from (i) Stephen C. Goss, Chief Actuary, Social 
Security Administration; (ii) Virginia P. Reno, Vice President 
for Income Security Policy National Academy of Social 
Insurance; and (iii) Andrew G. Biggs, Ph.D., Resident Scholar, 
American Enterprise Institute. The hearing focused on the 
history of the DI program, the importance of its benefits, the 
growth of the program and the drivers of that growth along with 
program's current and future financing challenges. Witnesses 
discussed the drivers of the program's extensive growth and 
resulting costs, including population aging, changes in the 
working population, legislative changes that have eased 
eligibility criteria, and economic slowdowns, along with 
projected DI Trust Fund insolvency unless legislative changes 
are made.
    On January 24, 2012, the Subcommittee held a second hearing 
in the hearing series ``Securing the Future of the Social 
Security Disability Insurance Program.'' Testimony was received 
from (i) Carolyn Colvin, Deputy Commissioner, Social Security 
Administration; (ii) Patrick P. O'Carroll, Jr., Inspector 
General, Social Security Administration; (iii) Thomas Brady, 
Special Agent, Office of the Inspector General, Social Security 
Administration, Kansas City Field Division, St. Louis, 
Missouri; (iv) Paul Neske, Detective, St. Louis County Police 
Department, St. Louis, Missouri; and (v) Steve Clifton, 
President, National Council of Social Security Management 
Associations. The hearing focused on combating waste, fraud, 
and abuse within the DI program. Witnesses discussed 
overpayments, Continuing Disability Reviews (CDRs), and the 
Cooperative Disability Investigation (CDI) Program. 
Specifically, several witnesses emphasized the important role 
that CDRs and CDI units play in rooting out instances of abuse 
within the program. New estimates by the SSA in the Fiscal Year 
(FY) 2012 budget indicate that each dollar spent for CDRs 
yields $9 in lifetime program savings, including Medicare and 
Medicaid savings. Each dollar spent by CDI units in FY 2011 
resulted in $14 of DI program savings. Additionally, the 
Subcommittee reviewed video utilized by the Office of the 
Inspector General in certain fraud investigations that resulted 
in benefits either terminated or denied.
    On March 20, 2012, the Subcommittee held the third hearing 
in the hearing series ``Securing the Future of the Social 
Security Disability Insurance Program.'' Testimony was received 
from (i) The Honorable Michael J. Astrue, Commissioner, Social 
Security Administration; (ii) Trudy Lyon-Hart, Director, Office 
of Disability Determination Services, Vermont Agency of Human 
Services, on behalf of the National Council of Disability 
Determination Directors; (iii) Lisa D. Ekman, Senior Policy 
Advisor, Health & Disability Advocates on behalf of the 
Consortium for Citizens with Disabilities Social Security Task 
Force; (iv) Dan Bertoni, Director, Education, Workforce, and 
Income Security Issues, U.S. Government Accountability Office; 
(v) Leighton Chan, M.D., Chief, Rehabilitation Medicine 
Department, National Institutes of Health; and (vi) Nicole 
Maestas, Ph.D., Senior Economist, RAND Corporation. Witnesses 
discussed how disability insurance eligibility decisions are 
made at the initial level, the definition of disability, the 
importance of the program, and the Federal-State relationship 
within the disability process. Additionally, witnesses argued 
that although the federally-funded State Disability 
Determination Services work efficiently and cost-effectively to 
make the right decision as early in the process as possible, 
the disability insurance program has not kept pace with medical 
advances, rehabilitative technology, and workplace changes. 
Furthermore, advances in technology have created assessment 
tools that have the potential to enhance and improve the 
process and ensure credible, objective outcomes for the DI 
program.
    On June 27, 2012, the Subcommittee held its fourth hearing 
in the hearing series ``Securing the Future of the Social 
Security Disability Insurance Program.'' Testimony was received 
from two witness panels. The first panel witness was (i) 
Michael J. Astrue, Commissioner, Social Security 
Administration. The second panel included (ii) Ethel Zelenske, 
Director of Government Affairs, National Organization of Social 
Security Claimants' Representatives, on behalf of the 
Consortium for Citizens with Disabilities Social Security Task 
Force; (iii) D. Randall Frye, President, Association of 
Administrative Law Judges; (iv) Jeffrey Lubbers, Professor, 
American University Washington College of Law; and (v) Richard 
J. Pierce, Jr., Professor, The George Washington University Law 
School. The hearing focused on how disability decisions are 
appealed and whether the DI process is working as well as it 
could. Specifically, witnesses discussed the merits of an 
adversarial versus an inquisitorial process; issues with the 
OPM hiring process; the challenges of managing Administrative 
Law Judges and whether the Social Security appeals process 
requires them; the $1.4 billion in fees paid by beneficiaries 
in fiscal year 2011 to their representatives and how the 
current process enables the collection of increased fees; and 
the regulatory and policy inconsistencies associated with the 
reinterpretation of agency decisions at the Federal court 
level.
    On September 14, 2012, the Subcommittee held its fifth and 
final hearing in the hearing series ``Securing the Future of 
the Social Security Disability Insurance Program.'' Testimony 
was received from: (i) Richard Burkhauser, Ph.D., Professor, 
Cornell University, and Adjunct Scholar, American Enterprise 
Institute; (ii) David Stapleton, Ph.D., Director, Center for 
Studying Disability Policy, Mathematica Policy Research; (iii) 
Marty Ford, Director of Public Policy, The Arc of the United 
States, on behalf of the Consortium for Citizens with 
Disabilities Social Security Task Force; (iv) Daniel Bertoni, 
Director, Education, Workforce, and Income Security, Government 
Accountability Office; (v) Jill Houghton, Executive Director, 
US Business Leadership Network; and (vi) Nadine Vogel, Founder 
and President, Springboard Consulting, Mendham, New Jersey, on 
behalf of the Society for Human Resource Management. The 
hearing focused on options to address key structural and fiscal 
challenges facing the DI program. Specifically, witnesses 
discussed the outdated concept of disability that currently 
does not assess an individual's medical condition and work 
capacity in conjunction with advances in medicine, technology, 
and the job demands of our 21st century economy; employer 
efforts to hire and keep individuals with disabilities in the 
workforce; and the risks of inaction. Witnesses from the 
business community and the Government Accountability Office 
spoke about the outdated definition of disability, and spoke to 
the importance of putting in place policies, programs, and 
investments that would move our disability system from a 
deficit or medical model to a talent or functional model, 
changing the focus of disability to what an individual can do 
instead of what they cannot do. A number of witnesses labeled 
the disability system a failure, stating that taxpayers are 
paying more for a program that actually does less for people 
with disabilities, and proposed reforms that would provide 
better opportunities for people with disabilities to live 
fulfilling lives while also reducing growth in federal and 
state expenditures for their support.
    Other Actions Taken: On April 4, 2011, Chairman Johnson 
requested a GAO report to assess the SSA's plans and efforts to 
revise its disability criteria and explore the costs and 
benefits of additional interagency coordination. On June 19, 
2012, GAO issued their final report, ``Modernizing SSA 
Disability Programs, Progress Made, but Key Efforts Warrant 
More Management Focus.'' In a July 20, 2012 press release 
issued in response to the final GAO report, the Chairman 
emphasized the importance of keeping the Listings of 
Impairments (reflecting medical conditions that have been 
determined severe enough to qualify an applicant for benefits) 
up to date, highlighting the GAO findings that six of the 
fourteen body systems relied on by the SSA have not been 
revised for as long as 33 years. Two of these body systems, 
mental and musculoskeletal, which together account for the 
medical conditions of almost 65 percent of those receiving 
benefits, have not been revised for 27 years. The GAO also 
noted that a more comprehensive approach is needed to modernize 
the SSA disability programs, and should look beyond the 
individual's medical condition to the ability to function in 
the workplace. The GAO found that the SSA needs to incorporate 
greater consideration of individual function into the medical 
listings and more fully examine how assistive devices and 
workplace accommodations could improve disability decisions.
    On June 16, 2011, a number of Committee on Ways and Means 
Members, on a bipartisan basis, requested a report by the SSA 
Office of Inspector General (OIG) to assess the SSA's 
management and oversight of the disability hearing process and 
whether there are significant outliers within the ALJ corps in 
terms of productivity or decisional outcomes. The OIG provided 
a response in two reports. The first report was completed 
February 14, 2012 and looked at ALJs who are significant 
outliers either in terms of productivity or decisional 
allowance rates, examined factors that may account for these 
variances, and determined the effectiveness of management 
controls over ALJ adherence to agency policies and procedures. 
The OIG found that the majority of ALJs met or exceeded the 
Agency's 500-700 case disposition benchmark. Additionally, 
while the average decisional allowance rate for ALJs in FY 2010 
was 67 percent, it ranged from a low of 8.6 percent to a high 
of 99.7 percent nationwide. The OIG identified that the 
variances in allowances are most notably attributable to ALJ 
decisional independence and the demographics of claimants 
served by the hearing office, such as age, education, and 
available work. Agency monitoring of ALJ performance is limited 
to whether ALJs meet established productivity benchmarks, and 
the agency is constrained from initiating disciplinary action 
related to an ALJ's workload performance. The OIG concluded 
that greater agency attention is needed to ensure ALJ outliers 
are monitored and underlying work processes are periodically 
reviewed.
    The OIG issued its second report on March 19, 2012. The 
report identified the constraints, including the statutory 
limitations of the Administrative Procedure Act, that make it 
difficult for the agency to ensure ALJ compliance with its 
policies and procedures. The agency is specifically limited 
from reviewing ALJ decisions before they are finalized and 
paid, making ALJ oversight a challenge. The SSA can review 
specific ALJ decisions after the fact and does so based on 
anomalies. If the SSA determines an ALJ failed to comply with 
the Agency's policies and procedures, it can issue directives 
to the ALJ to comply. If the ALJ fails to comply with the 
directives, the SSA can seek disciplinary actions against the 
ALJ. The SSA also uses these reviews to identify training 
needs.
    On April 25, 2012, Chairman Johnson requested the 
Comptroller General to provide a legal opinion on the 
Commissioner's decision to end the Work Incentives Planning and 
Assistance (WIPA) and the Protection and Advocacy for 
Beneficiaries of Social Security (PABSS) programs. The 
Commissioner advised the Congress that he had decided to 
terminate both programs because their appropriations were not 
specifically reauthorized by the Congress. The April 25 letter 
stated that Congress had not repealed these programs and asked 
whether the enabling statutes establishing WIPA and PABSS 
provided sufficient legal authority for the SSA to continue 
operating the programs in spite of the expired authorizations 
of appropriations. On August 14, 2012 the GAO released its 
opinion, stating clearly that, consistent with established 
statutory interpretation, the enabling statutes for WIPA and 
PABSS provided sufficient legal authority to continue these 
programs. On August 15, 2012, Chairman Johnson sent a letter to 
the Commissioner, attaching the GAO decision and asking the 
Commissioner to advise on his next steps. The Commissioner 
subsequently sent the GAO opinion to the Department of Justice 
for their advice which is still pending.
    On September 4, 2012, Chairman Johnson requested an OIG 
report to examine the new Disability Research Consortium grants 
awarded by the SSA. The report will detail the size, scope and 
duration of the grants, along with the selection process used.

5. SSA's Information Technology (IT) Infrastructure

    Action Taken: On February 11, 2011, the Subcommittee on 
Social Security and the Transportation and Infrastructure 
Subcommittee on Economic Development, Public Buildings, and 
Emergency Management held a joint oversight hearing on managing 
costs and mitigating delays in the building of Social 
Security's new National Support Center (NSC). The Subcommittee 
received testimony from (i) The Honorable Patrick P. O'Carroll 
Jr., Inspector General, Social Security Administration; (ii) 
David Foley, Deputy Commissioner of the Public Buildings 
Service, U.S. General Services Administration; and (iii) G. 
Kelly Croft, Deputy Commissioner, Systems, Social Security 
Administration. Witnesses discussed the importance of 
information technology in delivering 21st century customer 
service at the SSA and the steps being taken to mitigate risk 
and delays in the building of the NSC.
    On May 9, 2012, the Subcommittee held a hearing on the 
state of Social Security's IT. Testimony was received from the 
following witnesses: (i) G. Kelly Croft, Deputy Commissioner of 
Systems and Chief Information Officer, Social Security 
Administration; (ii) Valerie C. Melvin, Director, Information 
Management and Technology Resource Issues, Government 
Accountability Office; (iii) Larry Freed, President and Chief 
Executive Officer, ForeSee Results, Inc.; (iv) William 
Scherlis, Ph.D., Professor, School of Computer Science, 
Carnegie Mellon University; and (v) Max Richtman, President and 
Chief Executive Officer, National Committee to Preserve Social 
Security & Medicare. At the hearing, Chairman Johnson released 
a report he requested from the Government Accountability Office 
(GAO), ``Social Security Administration: Technology 
Modernization Needs Improved Planning and Performance 
Measures,'' which outlined Social Security's current efforts to 
modernize its information technology. While some progress has 
been made to modernize its IT, more is required for Social 
Security to keep pace with rapid changes in technology. 
Witnesses argued for the need for a comprehensive IT strategy 
that defines needed accomplishments, identifies strategies to 
achieve results, takes into account beneficiary needs, and 
measures progress.
    Other Actions Taken: On April 14, 2011, Chairman Johnson 
requested the SSA Office of Inspector General (0IG) to assess 
the SSA's progress in expanding electronic services to claimant 
representatives. The OIG report was received on August 22, 2011 
and found that the SSA made progress in efforts to provide 
electronic services to claimant representatives and lessened 
the processing burden on staff by using electronic services to 
automatically generate, print, and mail notices. The OIG report 
also noted that the SSA will need to focus future efforts on 
increasing use of electronic services, such as allowing online 
registration, expanding online access to hearing data, reducing 
the use of hard-copy notices, and expanding ``eFolder'' access 
to additional parties.
    On April 14, 2011, Chairman Johnson requested a GAO report 
to determine the SSA's progress and plans for modernizing its 
existing information technology systems and upgrading current 
system capabilities. The GAO report will evaluate the 
effectiveness of the SSA's management of these efforts, and 
strategic planning and investment management for key agency 
initiatives, such as improving the agency's disability and 
retirement claims services. The report, released at the May 9, 
2012 Subcommittee hearing on the state of Social Security's IT, 
found Social Security lacks effective tools to measure the 
impact of its modernization initiatives and needs an 
information technology strategic plan that has specific 
benchmarks. The report also examined the impact of the agency's 
recent decision to realign the responsibilities of the Chief 
Information Officer.
    On August 2, 2012, Chairman Johnson requested a GAO report 
following up on findings in the May 9, 2012 report to assess 
selected IT investments, such as those undertaken to improve 
online electronic processes and modernize legacy systems, to 
determine the extent they adhered to the SSA's investment 
management controls and improved the SSA's IT capabilities and 
services, and to determine how effectively the SSA's IT human 
capital program supports its current and future modernization 
efforts.

6. Service Delivery

    Action Taken: On September 12, 2012, the Subcommittee held 
a hearing on the Direct Deposit of Social Security Benefits. 
Testimony was received from the following witnesses: (i) 
Richard Gregg, Fiscal Assistant Secretary, Department of the 
Treasury; (ii) Theresa Gruber, Assistant Deputy Commissioner 
for Operations, Social Security Administration; (iii) Patrick 
P. O'Carroll, Jr., Inspector General, Social Security 
Administration; and (iv) Margot Saunders, Counsel, National 
Consumer Law Center. The hearing focused on the impact on 
beneficiaries of the electronic payment of Social Security 
benefits, including exceptions to electronic payment 
requirements and the effectiveness of efforts to educate 
beneficiaries about these changes. The hearing examined the 
degree to which electronic payments are vulnerable to fraud and 
the actions the Social Security Administration (SSA) and the 
Department of the Treasury Financial Management Service are 
taking to prevent this fraud. Witnesses also raised awareness 
about the importance of seniors protecting their personal 
information to avoid electronic payment fraud.
    Other Actions Taken: On April 11, 2011, Subcommittee 
Chairman Johnson requested that the SSA Office of Inspector 
General (OIG) research the possibility of charging user fees 
both as a way to fund the agency's administrative costs and to 
change certain consumer behavior. In particular, the September 
2011 OIG report discussed the advantages of the SSA charging 
user fees for replacement Social Security cards and Social 
Security printouts. User fees charged at field service 
locations, when combined with a viable customer delivery and 
web based services plan, hold the possibility of steering 
customers to the most efficient service delivery methods.
    On April 14, 2011, Chairman Johnson requested a report by 
the OIG to review the SSA's long-term customer service delivery 
plan. In the event that the OIG found that such a plan did not 
exist, the OIG was asked to determine what information should 
be included. With the SSA facing budget restraints at the same 
it must handle a growing retirement and disability workload due 
to the aging population and the economic downturn, the SSA's 
need for a current business plan and effective long range 
planning is more important than ever. The OIG report was 
received on July 29, 2011 and found that the SSA does not have 
a customer service delivery plan and has instead relied on the 
Agency Strategic Plan. However, due to Executive Order 13571, 
the SSA is required to develop a customer service plan that 
includes a short term and long term focus. The OIG report 
recommended that the SSA implement a customer service plan to 
address the following focus areas: electronic services, 
information technology, staffing, physical infrastructure, 
performance metrics, and potential challenges. The report also 
indicated how important new service methods, greater use of web 
based service delivery and technology will be to service the 
SSA's beneficiaries. The ability for the agency to outline a 
plan will be critical to future administrative funding 
requests.
    On October 6, 2011, Republican members of the Committee on 
Ways and Means requested a report by the OIG to assess whether 
managers in the Office of Disability Adjudication and Review 
had instructed Administrative Law Judges and hearing office 
employees to set aside their disability cases during the last 
``53rd'' week in September 2011 and refrain from issuing 
decisions until the following week. The report was completed on 
March 7, 2012 and assessed the agency's management oversight 
and controls at nine hearing offices. Based on that review, the 
OIG found that workload processing decreased significantly in 
the 53rd week. While agency officials noted that employees were 
advised to continue processing cases in the 53rd week, the OIG 
confirmed that some employees were confused about Week 53, and 
that some employees received instructions from managers to 
withhold certain types of case processing. While it appears 
hearing office employees were working throughout Week 53, this 
work was not always being processed in the same manner nor 
captured in the SSA's systems. To prevent future occurrences of 
workload declines during a 53rd week, OIG concluded the agency 
needs to clearly communicate a policy that explicitly states 
work will be processed and measured uniformly throughout each 
year, including those with 53 weeks.
    On November 18, 2011, a number of Republican members of the 
Committee on Ways and Means requested a report by the 
Government Accountability Office (GAO) to determine the 
effectiveness of the Social Security Administration's 
representative payee program, in the wake of the horrific 
treatment of beneficiaries found in Philadelphia, Pennsylvania. 
The completion of the report is expected early in the 113th 
Congress.
    On August 2, 2012, Chairman Johnson requested a report by 
the OIG to review the current Memorandum of Understanding (MOU) 
between the SSA and the General Services Administration (GSA) 
to determine what elements are not clear or missing, before the 
current MOU expires in April 2013. The SSA currently pays rent 
to GSA on buildings which were built with funds from the 
Federal Old-Age and Survivors and Disability Insurance Trust 
Funds. The Department of Justice has issued an opinion stating 
that proceeds of the sale of buildings purchased with Trust 
Fund are directed to the GSA, and not the trust funds.

     C. Oversight Letters Issued by the Committee on Ways and Means


1. Letter to Treasury Regarding the Prepaid Debit Card Pilot Program

    On January 20, 2011, Chairman Camp and Oversight 
Subcommittee Chairman Boustany sent a letter to Secretary 
Geithner requesting information regarding the Department of the 
Treasury's prepaid debit card program. Treasury launched the 
pilot program to encourage certain taxpayers to receive their 
tax refunds on pre-paid debit cards, rather than paper checks. 
The letter requested information concerning cardholder fees, 
consumer protections, and the selection of the program's 
financial agent.

2. Letter to IRS Regarding Improper Payments in the Earned Income Tax 
        Credit Program

    On February 11, 2011, Chairman Camp and Oversight 
Subcommittee Chairman Boustany sent a letter to Commissioner 
Shulman requesting information regarding the Internal Revenue 
Service (IRS) efforts to recover improper payments in the 
Earned Income Tax Credit (EITC) program. The letter cited a 
2009 Government Accountability Office (GAO) study finding that 
the EITC program was responsible for the second-highest amount 
of improper payments of any federal program. The letter also 
cited the IRS figures that 23 percent to 28 percent of EITC 
payments were improper in 2009, costing taxpayers between $11 
and $13 billion. In the letter, Commissioner Shulman was asked 
to explain a February 2011 report by the Treasury Inspector 
General for Tax Administration (TIGTA) that found the IRS had 
not taken the steps necessary to reduce improper payments in 
the EITC program.

3. Letter to HHS Regarding Ernst & Young's Independent Audit of Fiscal 
        Year 2010 Financial Statements

    On March 10, 2011, Chairman Camp and Oversight Subcommittee 
Chairman Boustany sent a letter to Secretary Sebelius 
requesting detailed information based on an Ernst & Young audit 
that revealed shortcomings of the Department of Health and 
Human Services (HHS), which included the potential mishandling 
of $794 million in taxpayer dollars. Among the audit's findings 
were suggestions that HHS's accounting systems did not comply 
with requirements of the Federal Financial Management 
Improvement Act. The letter requested information regarding the 
Department's response to the Ernst & Young audit.

4. Letter to IRS Regarding AARP's 501(c)(3) Tax-Exempt Status Review

    Following a joint hearing of the Subcommittees on Health 
and Oversight, Congressmen Herger, Boustany, and Reichert sent 
an April 8, 2011 letter to the IRS concerning AARP and its 
organizational structure, for-profit activities, and financial 
windfall following the Patient Protection and Affordable Care 
Act. The letter outlined the findings of a joint report the 
three Congressmen released and asked that the IRS review AARP's 
tax-exempt status. The requested review was based on a 
Congressional report finding that AARP stands to gain an 
additional $1 billion in revenues as a result of the law and in 
particular the one-half trillion dollars in Medicare cuts.

5. Letter to IRS Regarding the Health Insurance Reform Implementation 
        Fund

    On April 28, 2011, Chairman Camp and Oversight Subcommittee 
Chairman Boustany sent a letter to Commissioner Shulman 
requesting information on the amount and use of funds the 
agency had received from the Health Insurance Reform 
Implementation Fund. The Patient Protection and Affordable Care 
Act created a $1 billion fund for the Department of Health and 
Human Services to distribute to agencies tasked with 
implementing the overhaul. At the time of the letter, the 
Administration had refused to provide this information to GAO.

6. Letter to TIGTA on Outstanding Recommendations

    On May 10, 2011, Chairman Camp sent a letter to TIGTA 
Inspector General George requesting information on TIGTA's past 
recommendations to prevent and detect fraud and abuse of 
refundable credits. Among the items requested were TIGTA's 
recommendations made over the past five years on the 
administration of tax credits. TIGTA was asked to identify its 
past recommendations, indicating which have been implemented or 
are in the process of being implemented, and also provide any 
additional recommended legislative actions to improve the 
economy, efficiency or integrity of tax administration.

7. Letter to IRS Regarding Donor Gift Tax Investigations

    In May 2011, it was widely publicized that the IRS launched 
audits of five taxpayers for tax year 2008 for failure to pay 
gift tax on donations made to Internal Revenue Code (IRC) 
Sec. 501(c)(4) tax-exempt organizations. This came as a 
surprise since the IRS had not issued any guidance since 1982 
on how to handle donations to IRC Sec. 501(c)(4) organizations, 
despite being regularly urged to do so by tax practitioners. 
This activity gave rise to concerns that the IRS audits had 
been designed to chill political speech in advance of the next 
election cycle.
    In response, Chairman Camp sent two letters to the IRS 
Commissioner Shulman asking for more information on the gift 
tax audits of IRC Sec. 501(c)(4) contributions, and began an 
investigation on whether these examinations were political in 
nature. The first letter requested information about the IRS 
operations involving the auditing of gift tax returns and IRC 
Sec. 501(c)(4) organizations. Chairman Camp also sent an IRC 
Sec. 6103 request letter to Commissioner Shulman asking for 
access to returns and return information relating to this 
matter.

8. Letter to IRS Concerning Uncollected Tax Debt

    On July 15, 2011, Chairman Camp and Oversight Subcommittee 
Chairman Boustany sent a letter to Commissioner Shulman 
requesting information to help the Committee better understand 
the decision to close the Private Debt Collection program, the 
IRS's tax debt inventory, and the progress in collecting these 
debts. At the end of fiscal year 2010, the IRS was owed 
approximately $35 billion in collectible unpaid federal taxes, 
an increase of $6 billion from 2009. In light of the IRS' focus 
on higher priority debt, Treasury authorized the IRS to use 
private debt collection agencies (PCAs) to collect certain tax 
debts below $100,000.

9. Letter to IRS Regarding Orderly Reinstatement of FAA Taxes

    On August 4, 2011, Chairman Camp and Ranking Member Levin, 
along with Senate Finance Committee Chairman Max Baucus and 
Ranking Member Orrin Hatch sent a letter to IRS Commissioner 
Shulman urging the IRS to appropriately use its discretion and 
authority in administering the reinstatement of excise taxes 
that support the Airport and Airway Trust Fund (AATF), which 
had expired on July 22, 2011 (along with the expenditure 
authority from the AATF). Upon expiration, the AATF excise 
taxes had stopped being collected, including the 7.5 percent of 
fare tax charged to domestic air passengers, the domestic 
flight segment tax, and portions of the excise tax on non-
commercial aviation fuel.
    On August 5, 2011, Congress enacted an extension of the 
AATF expenditure authority and associated excise taxes (the 
``Airport and Airway Extension Act of 2011, Part IV,'' H.R. 
2553, Pub. L. 112-27). Because the House had passed this bill 
prior to the lapse in the AATF excise taxes, the bill did not 
contemplate the expiration of those excise taxes prior to its 
enactment. Accordingly, the letter from the Chairmen and 
Ranking Members of the Ways and Means and Finance Committees 
advised the IRS of the potential impact on consumers and the 
aviation industry, as well as on the limited resources of the 
IRS, if these taxes were to be collected retroactively. The 
letter specifically encouraged the IRS to utilize its 
discretion and authority to extend relief to passengers and 
airlines with respect to ticket taxes that were not paid or 
collected because of the lapse, and to provide the industry a 
three-day period of time to restart their processes for 
collecting the taxes.

10. Letter to Treasury Regarding Foreign Deposits

    On September 27, 2011, Oversight Subcommittee Chairman 
Boustany sent a letter to Treasury Secretary Geithner regarding 
the proposed IRS regulation that will require banks to disclose 
interest paid to nonresident aliens. Chairman Boustany warned 
that the regulation would potentially drive foreign investments 
out of the economy and hurt individuals and small businesses. 
He asked that the Secretary suspend implementation of the 
regulation, and requested information regarding the proposed 
regulation's conformity with the Administrative Procedure Act, 
a cost-benefit analysis, along with additional information.

11. Letter to GAO Requesting a Review of Tax Delinquencies and Security 
        Clearances

    On October 4, 2011, Chairman Camp, along with Senators 
Collins, Hatch and Coburn, sent a letter to GAO requesting a 
review of the potential vulnerabilities within the national 
security clearance investigative process in identifying tax 
delinquencies. The requested audit will review the current 
security clearance procedures that are undertaken by the U.S. 
Office of Personnel Management when vetting government 
employees, and whether it accurately identifies government 
workers that have outstanding tax liabilities.

12. Letter to IRS Regarding Oversight of the Tax-Exempt Sector

    On October 6, 2011, Oversight Subcommittee Chairman 
Boustany sent a letter to IRS Commissioner Shulman requesting 
information on the tax-exempt sector generally. In his letter, 
Chairman Boustany asked the Commissioner to provide information 
on a wide range of topics facing tax-exempts in order to review 
the current regulatory environment and to understand the IRS's 
ongoing enforcement efforts in these areas. Among the topics 
addressed in this inquiry are unrelated business income, tax-
exempt audits, and other planned compliance projects and tax-
exempt enforcement initiatives. Additional information was 
requested regarding current IRS compliance projects on 
universities and hospitals.

13. Letter to HHS Regarding Financial Mismanagement at HHS

    On February 6, 2012, Oversight Chairman Boustany and Senate 
Permanent Subcommittee on Investigations Ranking Member Tom 
Coburn sent a letter to HHS Secretary Sebelius regarding an 
independent audit of HHS conducted by Ernst & Young that 
reveals continued shortcomings and weaknesses within HHS's 
financial management system. Chairman Boustany and Ranking 
Member Coburn noted violations of the Anti-Deficiency Act, 
inexplicable differences in accounting, and HHS's use of 
antiquated internal control processes. The letter requested 
explanations from HHS regarding steps taken to correct the 
serious issues discussed in the audit.

14. Letter to IRS Regarding Tax-Exempt Sector Compliance

    On March 1, 2012, Oversight Chairman Boustany sent a letter 
to IRS Commissioner Shulman regarding compliance efforts 
involving the tax-exempt sector. This letter follows a letter 
sent on October 6, 2011 requesting an overview of IRS 
compliance efforts in the tax-exempt sector. The March 1, 2012 
letter requested information on the number of 501(c)(3) and (4) 
tax-exempt organizations the IRS has recognized, the number of 
applicants for tax-exempt status the IRS has received, the IRS 
review process for each application, and requests clarification 
of the IRS' response to the October 6, 2011 letter.

15. Letters to HHS, DOJ, and CMS Regarding Medicare Fraud

    On March 7, 2012, Oversight Chairman Boustany sent two 
letters, one to HHS Secretary Sebelius and Attorney General 
Holder, and the other to CMS Acting Commissioner Tavenner, 
regarding Medicare fraud.
    The letter to HHS and DOJ requested information about 
improper Medicare payments, in light of fraud occurring in 
Texas. The letter also requested information regarding the 
Health Care Prevention and Enforcement Action Team (HEAT), 
specifically criminal investigations, HEAT task force funding 
levels, return on investment calculations for the Health Care 
Fraud and Abuse Control Program, a detailed breakdown of 
convictions by types of fraud, and details of criminal 
investigations in the Southern District of Texas HEAT task 
force concerning private ambulance providers.
    The letter to CMS requested information regarding Acting 
Commissioner Tavenner's use of authority under Section 1866 of 
the Social Security Act to impose temporary moratoriums on the 
enrollment of certain new providers when necessary to combat 
fraud, waste, or abuse within Medicare. It also requested 
information regarding apparent Medicare fraud in Texas.

16. Letter to CMS Regarding Protecting Medicare From Waste, Fraud, and 
        Abuse

    On April 2, 2012, Oversight Chairman Boustany and Health 
Chairman Herger, along with Senate Finance Committee Ranking 
Member Orrin Hatch and Committee member Tom Coburn, sent a 
letter to CMS Acting Administrator Tavenner regarding whether 
CMS is fully utilizing its resources to safeguard Medicare from 
waste, fraud, and abuse. The letter requested information 
regarding CMS' efforts to identify ``nominee owners'' and the 
type of fraud perpetrated by individuals and organizations 
establishing false storefronts and ``shell companies.''

17. Letter to IRS Regarding Usage of HHS Funds To Implement the 
        Affordable Care Act

    On April 10, 2012, Committee Chairman Camp and Oversight 
Chairman Boustany sent a letter to IRS Commissioner Shulman 
regarding the IRS's use of funds from HHS's Health Insurance 
Reform Implementation Fund (HIRIF) to implement the Affordable 
Care Act (ACA). The letter followed a letter Chairman Camp and 
Chairman Boustany sent to the IRS on April 28, 2011 on the same 
subject, to which IRS replied on May 13, 2011. The April 10, 
2012 letter requested information regarding HIRIF funds sent 
since the date of the IRS' May 13, 2011 response to the initial 
letter, as the IRS may be receiving additional taxpayer money 
from HHS for further ACA implementation activities.

18. Letter to CMS Regarding the Effectiveness of the Medicare Integrity 
        Program

    On April 25, 2012, Oversight Chairman Boustany sent a 
letter to CMS Acting Administrator Marilyn Tavenner. The letter 
inquired into the performance, effectiveness, and evaluation of 
the Medicare Integrity Program and its contractors. The letter 
requested information regarding contracts CMS maintains with 
outside entities, methodology CMS uses to calculate costs and 
return on investment regarding program integrity contractors, 
and updates on weaknesses previously found in the data CMS uses 
to calculate return on investment.

19. Letter to Cabinet-Level Departments Regarding Possible Kickbacks

    On May 3, 2012, Oversight Subcommittee Chairman Boustany 
sent a letter to 15 departments and two agencies requesting 
information about potential abuse of the Energy Efficient 
Commercial Buildings Deduction. Chairman Boustany expressed 
concern that the General Services Administration may be using 
this deduction to secure kickbacks from contractors by 
requiring them to pay the GSA 19 percent of the deduction's 
value. Chairman Boustany requested correspondence from 
government entities regarding the deduction, information 
regarding the number of contractors receiving deductions, the 
monetary value of any deductions, and how government entities 
used the funds. The letter was sent to the Department of 
Agriculture, the Department of Commerce, the Department of 
Defense, the Department of Education, the Department of Energy, 
the Department of Health and Human Services, the Department of 
Homeland Security, the Department of Housing and Urban 
Development, the Department of the Interior, the Department of 
Justice, the Department of Labor, the Department of State, the 
Department of Transportation, the Department of the Treasury, 
the Department of Veterans Affairs, the General Services 
Administration, and the Environmental Protection Agency.

20. Letter to Treasury Regarding Harmful IRS Bank Regulation

    On May 11, 2012, Oversight Subcommittee Chairman Boustany 
sent a letter to Treasury Secretary Geithner regarding an IRS 
regulation requiring banks to disclose interest paid to 
nonresident aliens. The letter discussed Treasury's failure to 
provide sufficient answers about the regulation to questions 
that Chairman Boustany posed in an earlier letter on the 
subject, sent on September 27, 2011. Chairman Boustany 
requested that the Treasury Department provide correspondence 
and other documents relating to the formation of its opinion 
that the regulation in question is not a ``significant 
regulatory action,'' as well as information already requested 
in the September 27, 2011 letter.

21. Letter to HHS Regarding Use of Taxpayer Money on Public Relations 
        Campaigns

    On May 22, 2012, Oversight Subcommittee Chairman Boustany 
sent a letter to HHS Secretary Sebelius requesting information 
on HHS's use of taxpayer dollars on contracts for public 
relations, advertisements, polling, message testing, and 
similar services. The letter requested information regarding 
contractors and subcontractors, description of contract, work 
performed, and contract cost.

22. Letter to HHS Regarding CMMI Health Care Innovation Grants

    On June 13, 2012, Oversight Subcommittee Chairman Boustany 
sent a letter to HHS Secretary Sebelius requesting information 
on the Center for Medicare and Medicaid Innovation's (CMMI) 
award of nearly $123 million in Health Care Innovation Grants. 
The letter requested copies of all grant applications and a 
detailed description of the process by which the grants were 
awarded.

23. Letter to Treasury Regarding Its Defunct Debit Card Pilot Program

    On June 21, 2012, Chairman Camp and Oversight Subcommittee 
Chairman Boustany sent a letter to Treasury Secretary Geithner 
regarding Treasury's debit card pilot program, which was 
suspended after only 2,000 taxpayers participated, considerably 
fewer than the 808,000 taxpayers expected to participate. The 
letter requested an original and unedited copy of The Urban 
Institute report, funded by Treasury, on the initiative and all 
internal documents and communications associated with the 
report.

24. Letter to IRS Regarding Patient Protection and Affordable Care Act 
        Implementation

    On June 27, 2012, Chairman Camp, Oversight Subcommittee 
Chairman Boustany, Select Revenue Measures Subcommittee 
Chairman Tiberi, and Health Subcommittee Chairman Herger sent a 
letter to IRS Commissioner Shulman to inquire about a 
Government Accountability Office (GAO) report that found the 
IRS was not properly accounting for employee time and resources 
dedicated to implementation of the Patient Protection and 
Affordable Care Act (PPACA). The letter requested an accurate 
accounting for Fiscal Year 2011 implementation expenditures.

25. Letter to IRS Regarding the IRS Information Technology Budget

    On July 16, 2012, Oversight Subcommittee Chairman Boustany 
and Ranking Member Lewis sent a letter to IRS Commissioner 
Shulman regarding the IRS's information technology (IT) budget. 
The letter emphasized that the IRS's budget is large, 
comprising approximately $2.1 billion in Fiscal Year 2012, with 
a ten-year total on IT spending amounting to over $19.4 
billion. The letter requested detailed descriptions of the IT 
decision-making processes and plans.

26. Letter to HHS Following Up on Use of Taxpayer Money on Public 
        Relations Campaigns

    On August 1, 2012, Oversight Subcommittee Chairman Boustany 
sent a letter to HHS Secretary Sebelius following up on his May 
22, 2012 letter, which sought documents pertaining to public 
relations advertisements, polling, message testing, and similar 
services.

27. Letter to IRS Regarding Identity Theft and Tax Fraud

    On August 2, 2012, Oversight Subcommittee Chairman Boustany 
sent a letter to IRS Commissioner Shulman regarding fraudulent 
tax refunds resulting from identity theft. The letter requested 
a description of IRS policies and procedures for identifying 
patterns suggestive of fraudulent tax returns.

28. Letter to GAO Regarding Reviewing Expenditures Made by CMS

    On August 9, 2012, Oversight Subcommittee Chairman Boustany 
sent a letter to Comptroller General Dodaro requesting that the 
GAO Financial Management and Assurance (FMA) team thoroughly 
review expenditures made by CMS to implement programs and 
systems not related to Medicare and Medicaid. The letter 
detailed the embedding of the Center for Consumer Information 
and Insurance Oversight (CCIIO) into CMS, possibly allowing the 
Obama Administration greater ease of funding PPACA.

29. Letter to Treasury Regarding Delphi Pensions

    On August 14, 2012, Chairman Camp sent a letter to Treasury 
Secretary Geithner requesting documents relating to Treasury's 
involvement in the decision to fully fund and protect pension 
benefits of unionized retirees from Delphi but not those of 
salaried retirees. The letter requested all records relating to 
Delphi and/or General Motors' (GM) interest in Delphi.

30. Letter to PBGC Regarding Delphi Pensions

    On August 14, 2012, Chairman Camp sent a letter to Pension 
Benefit Guaranty Corporation (PBGC) Director Gotbaum to request 
documents relating to PBGC's involvement in the decision to 
fully fund and protect pension benefits of unionized retirees 
from Delphi but not those of salaried retirees. The letter 
requested all records relating to Delphi and/or General Motors' 
interest in Delphi.

31. Letter to the White House Counsel Regarding Delphi Pensions

    On August 14, 2012, Chairman Camp sent a letter to White 
House Counsel Ruemmler to request documents relating to the 
Executive Office of the President of the United States' (EOP) 
involvement in the decision to fully fund and protect pension 
benefits of unionized retirees from Delphi but not those of 
salaried retirees. The letter requested all records relating to 
Delphi and/or General Motors' interest in Delphi.

32. Letter to the New York Attorney General

    On September 17, 2012, Chairman Camp sent a letter with 
Senator Orrin Hatch, Ranking Member of the Senate Committee on 
Finance, to Eric T. Schneiderman, Attorney General for the 
State of New York, regarding Schneiderman's investigation of 
501(c)(4) organizations. The letter requested that Schneiderman 
abide by federal law and cease any efforts to obtain taxpayer 
information except through inquiries made to the Internal 
Revenue Service.

33. Letter to Treasury Following Up on Delphi Pensions

    On October 3, 2012, Chairman Camp sent a letter to Treasury 
Secretary Geithner to address Treasury's production pursuant to 
his August 14 letter regarding the disposition of Delphi 
pensions. The letter stated that Treasury's initial production 
was demonstrably incomplete and reiterated the request for all 
documents pursuant to the original request.

34. Letter to the White House Counsel Following Up on Delphi Pensions

    On October 3, 2012, Chairman Camp sent a letter to White 
House Counsel Ruemmler to address her response to his August 14 
letter regarding the disposition of Delphi pensions. The letter 
stated that her reply was unresponsive, and reiterated the 
request for all documents pursuant to the original request.

35. Letter to IRS Regarding Possible Misuse of Transportation Benefit 
        Debit Cards

    On October 4, 2012, Oversight Subcommittee Chairman 
Boustany sent a letter to IRS Commissioner Shulman inquiring 
about possible misuse of debit cards used to provide 
transportation benefits to federal employees, specifically the 
Department of Health and Human Service's ``Go!Card'' and the 
Department of Transportation's ``TRANServe Debit Card'' 
programs for the National Capital Region. The letter requested 
a detailed explanation of whether these debit card programs 
comport with IRS revenue rulings.

36. Letter to DOL, Treasury, and PBGC Regarding Multiemployer Pension 
        Plans

    On October 19, 2012, Chairman Camp, along with Education 
and Workforce Committee Chairman Kline, and Senators Hatch and 
Enzi, sent a letter to Department of Labor Secretary Solis, 
Treasury Secretary Geithner, and PBGC Director Gotbaum 
regarding the multiemployer pension plan system. The letter 
noted that PBGC and the Departments of Labor and Treasury had 
not submitted to Congress two statutorily required reports, 
despite the reports having been due over nine months prior. The 
letter asked the recipients to furnish the reports by November 
2, 2012.

37. Letter to Treasury Following Up on Delphi Pensions

    On October 23, 2012, Chairman Camp sent a letter to 
Treasury Secretary Geithner to follow up on earlier requests 
for the production of records related to Delphi and/or GM's 
interest in Delphi. The letter allowed additional time for 
Treasury to provide responsive documents and/or a privilege 
log.

38. Letter to the White House Counsel Following Up on Delphi Pensions

    On October 23, 2012, Chairman Camp sent a letter to White 
House Counsel Ruemmler to follow up on earlier requests for the 
production of records related to Delphi and/or GM's interest in 
Delphi. The letter allowed additional time for Treasury to 
provide responsive documents and/or a privilege log.

39. Letter to HHS Following Up on Use of Taxpayer Money on Public 
        Relations Campaigns

    On October 24, 2012, Chairman Camp and Oversight 
Subcommittee Chairman Boustany sent a letter to HHS Secretary 
Sebelius regarding use of taxpayer money in public relations 
campaigns promoting the Administration's policies. This was the 
third letter sent by the Committee to request responsive 
documents.

40. Letter to Treasury Seeking Information Regarding Premium Tax 
        Credits

    On December 13, 2012, Chairman Camp sent a letter to 
Treasury Secretary Geithner along with Oversight Subcommittee 
Chairman Boustany and Oversight and Government Reform Committee 
Chairman Issa. The letter requested access to unredacted 
documents regarding Treasury's decision to extend premium-
assistance tax credits to individuals purchasing insurance 
through federal insurance Exchanges.

41. Letter to HHS Requesting Information Regarding HHS' Electronic 
        Message Records

    On December 18, 2012, Oversight Subcommittee Chairman 
Boustany sent a letter to HHS Secretary Sebelius seeking 
information regarding HHS' policies regarding the archiving of 
electronic message records, copies of internal guidance 
concerning the use and archiving of electronic messaging, and 
all communications concerning the use of electronic messaging 
by political appointees.

         D. Subpoenas Issued by the Committee on Ways and Means

    On November 14, Ways and Means Chairman Dave Camp issued a 
subpoena demanding that the Department of Health and Human 
Services (HHS) provide information on the use of taxpayer 
dollars to promote the Democrats' health care law through 
public relations campaigns, advertisements, polling, message 
testing, and similar services. The subpoena comes after the 
Obama Administration failed to respond to repeated requests 
from Chairman Camp and Oversight Subcommittee Chairman Charles 
Boustany, Jr., M.D. On May 22, 2012, Chairman Boustany 
commenced the investigation with a letter to HHS Secretary 
Sebelius seeking a response by June 1. Notwithstanding 
assurances from HHS staff, nothing was produced, leading 
Chairman Boustany to write a follow-up letter on August 1. 
Again on October 24, this time with Chairman Camp, the HHS 
Secretary was advised that if she declined to respond to this 
legitimate congressional oversight request that compulsory 
process may be used. None of these letters or staff level 
contacts were availing. HHS has since begun production.

 III. SELECTED REGULATIONS, ORDERS, ACTIONS, AND PROCEDURES OF CONCERN

    Pursuant to H. Res. 72, for the first session of the 112th 
Congress, the Committee is required to identify any oversight 
or legislative activity conducted in support of, or as a result 
of, its ``inventory and review of existing, pending, and 
proposed regulations, orders, and other administrative actions 
or procedures by agencies of the Federal government'' within 
its jurisdiction.

1. IRS regulations on tanning tax (TD 9486 and REG-112841-10)

    Description: Implement new 10 percent excise tax on users 
and providers of indoor tanning services imposed under new 
health law.
    Specific legislative or oversight activities undertaken in 
response: On January 19, 2011, the House passed H.R. 2, 
legislation repealing the new health law, including the tanning 
tax. The provision has been discussed during Committee hearings 
in the 112th Congress, including at the January 21, 2011, full 
Committee hearing on the health law's impact on employers.

2. IRS guidance on Flexible Spending Arrangement (FSA) and Health 
        Reimbursement Account (HRA) restrictions (Notice 2010-59 and 
        Notice 2011-5)

    Description: Implement certain aspects of new 
restrictions--effective January 1, 2011--on the use of FSAs and 
HRAs under the new health law.
    Specific legislative or oversight activities undertaken in 
response: On January 19, 2011, the House passed H.R. 2, 
legislation repealing the new health law, including the new 
restrictions on FSAs and HRAs.
    These provisions have been discussed during Committee 
hearings in the 112th Congress, including at the January 26, 
2011, full Committee hearing on the health law.

3. IRS regulations on new medical loss ratio (MLR) requirements (Notice 
        2010-79, Notice 2011-4, Rev. Proc. 2011-14, and Notice 2011-51)

    Description: Implement certain aspects of new MLR 
requirements applicable to certain health plans under Internal 
Revenue Code Sec. 833 pursuant to the new health law.
    Specific legislative or oversight activities undertaken in 
response: On January 19, 2011, the House passed H.R. 2, 
legislation repealing the new health law, including the new MLR 
Rules.

4. Department of Labor regulations on definition of ``fiduciary.'', 
        (RIN 1210-AB32)

    Description: Would change the regulatory definition of the 
term ``fiduciary'' under Internal Revenue Code Section 
4975(e)(3) and under ERISA.
    Specific legislative or oversight activities undertaken in 
response: Chairman Camp and others sent an April 14, 2011 
letter to DOL, Treasury, and IRS expressing various concerns.

5. Treasury's Pilot Program of Prepaid Debit and Payroll Cards, 
        launched January 13, 2011

    Description: Program invited select low and moderate-income 
individuals to participate in Prepaid Debit Card Program for 
federal tax refunds.
    Specific legislative or oversight activities undertaken in 
response: On January 20, 2011, Chairmen Camp and Boustany sent 
a letter to Secretary Geithner requesting information and 
documents concerning the program's cost, contract and 
participant selection, and other information.

6. Federal-State Unemployment Compensation Program: Funding Goals for 
        Interest-Free Advances, (20 CFR Part 606, Notice 2010-22926)

    Description: This regulation requires that States meet a 
solvency criterion in one of the five calendar years preceding 
the year in which advances are taken and to meet two tax effort 
criteria for each calendar year after the solvency criterion is 
met up to the year in which an advance is taken.
    Specific legislative or oversight activities undertaken in 
response: On May 5, 2011, legislation was introduced (H.R. 
1745) containing the repeal of the regulation, and the 
Committee held a mark-up on May 11, 2011. The bill was ordered 
favorably reported and placed on the Union Calendar, Calendar 
No. 48 on May 23, 2011. No further action has been taken by the 
House.

7. Letter to HHS Secretary Sebelius on Administration Health Care 
        Waivers (OCIIO-9994-IFC: Patient Protection and Affordable Care 
        Act: Preexisting Condition Exclusions, Lifetime and Annual 
        Limits, Rescissions, and Patient Protections; OCIIO Sub-
        Regulatory Guidance: Process for Obtaining Waivers of the 
        Annual Limits Requirements of PHS Act Section 2711, OCIIO 
        Supplemental Guidance: Waivers of the Annual Limits 
        Requirements; OCIIO Supplemental Guidance: Consumer Notices on 
        Waivers of the Annual Limits Requirements; and OCIIO 
        Supplemental Guidance: Sale of New Business by Issuers 
        Receiving Waivers)

    Description: This regulation and subsequent sub-regulatory 
guidance implemented a process by which employers could seek a 
waiver from certain annual benefit limits if they could show 
meeting the requirement would substantially increase employee 
costs or decrease benefits.
    Specific legislative or oversight activities undertaken in 
response: On May 24, 2011, Chairman Camp and Senate Finance 
Committee Ranking Member Hatch sent a letter to HHS Secretary 
Sebelius inquiring about the agency's protocol for reviewing 
and approving or denying requests for waivers from the 
requirement regarding health plans' annual limits on benefits. 
Chairman Camp and Senator Hatch expressed concern about the 
lack of transparency in the waiver process and the failure to 
conduct appropriate outreach to companies who may be eligible 
for a waiver. They also asked for the total number of employers 
that had been granted a waiver.

8. HHS Secretary Sebelius testimony before House Ways and Means 
        Committee February 16th, 2011 referencing the Community Living 
        Assistance Services and Support (CLASS) program (P.L. 111-148)

    Description: The CLASS program is a federal long-term care 
insurance program that is expected to begin collecting premiums 
in 2011 to provide cash benefits to covered individuals. 
However, there have been concerns expressed by the Medicare 
actuaries and HHS Secretary Sebelius that it will be 
financially unsustainable as envisioned by the health care law.
    Specific legislative or oversight activities undertaken in 
response: Subcommittee Chairman Herger sent letter to HHS on 
April 13, 2011 requesting that HHS Secretary Sebelius explain 
what legal authority she was relying on when she said she would 
modify the CLASS program in order to make the program 
actuarially sound.

9. HHS letter to Senate Finance Chairman Max Baucus (March 8, 2011)

    Description: The letter discussed how HHS would operate the 
Medicare program in response to the House passage of H.R. 1, 
the House-passed ``Full-Year Continuing Appropriations Act,'' 
and stated that CMS would be prohibited from using funds under 
H.R. 1 to pay Medicare Advantage (MA) plans.
    Specific legislative or oversight activities undertaken in 
response: On March 09, 2011, Chairman Camp sent a letter with 
Senate Finance Ranking Member Hatch criticizing HHS for its 
assertions regarding the impact of the House-passed Full-Year 
Continuing Appropriations Act would have on the MA program.

10. HHS regulation regarding Medicare Advantage 2012 payments (CMS-
        4144-F--Final revisions to Parts C and D programs for CY2012)

    Description: The regulation implements a new Medicare 
Advantage quality bonus demonstration program (MA QBP).
    Specific legislative or oversight activities undertaken in 
response: Chairman Camp sent a letter with Senate Finance 
Ranking Member Hatch to HHS Secretary Sebelius on April 13, 
2011, outlining concerns with the Administration's authority to 
implement the MA QBP. This demonstration program was authorized 
under Section 402 of the Social Security Act, which generally 
requires such demonstrations to be budget neutral.
    However, Medicare actuaries estimated the actual cost of 
this demonstration to be $8.3 billion over ten years.

11. Release of President Obama's Framework for Shared Prosperity and 
        Shared Fiscal Responsibility (http://www.whitehouse.gov/the-
        press-office/2011/04/13/fact-sheet-presidents-framework-shared-
        prosperity-and-shared-fiscal-resp)

    Description: On April 13, 2011, the President announced 
that he would seek $340 billion in savings from the Medicare 
and Medicaid programs by 2021, $480 billion by 2023 and at 
least an additional $1 trillion in the subsequent decade. His 
announcement had few details as to how these savings would be 
achieved.
    Specific legislative or oversight activities undertaken in 
response: On April 20, 2011, Chairman Camp and Energy and 
Commerce Chairman Fred Upton wrote to President Obama 
requesting specific information regarding his Medicare and 
Medicaid proposals the President referenced in his April 13, 
2011, announcement. The letter requested specific policy 
details of the President's plan and rationale for his savings 
estimates, including his proposal to expand the Independent 
Payment Advisory Board (IPAB).

12. IRS Regulation on Grandfathered Health Plans (REG-118412-10 Notice 
        of Proposed Rulemaking by Cross-Reference to Temporary 
        Regulations Group Health Plans and Health Insurance Coverage 
        Rules Relating to Status as a Grandfathered Health Plan under 
        the Patient Protection and Affordable Care Act)

    Description: On July 19, 2010, the IRS issued temporary 
regulations regarding what constituted ``grandfathered health 
plan'' status under the provisions of the new health care law 
in connection with changes in policies, certificates, or 
contracts of insurance. The Administration estimates that up to 
7 in 10 employers will have to change the coverage they offer 
because they would lose their grandfathered status.
    Specific legislative or oversight activities undertaken in 
response: On January 19, 2011, the House passed H.R. 2, 
legislation repealing the new health law.
    On January 26, 2011, the full Committee received testimony 
on the economic and regulatory burdens imposed by the enactment 
and implementation of the Patient Protection and Affordable 
Care Act (P.L. 111-148) and the Health Care and Education 
Reconciliation Act of 2010 (P.L. 111-152).

13. HHS Letter to Glenn M. Hackbarth, Chairman of the Medicare Payment 
        Advisory Commission (MedPAC). (March 10, 2011)

    Description: CMS Deputy Administrator Jonathan Blum sent a 
letter to Mr. Hackbarth providing the CMS estimates of the 2012 
physician fee schedule (PFS) conversion factor update, 
conversion factor, and sustainable growth rate (SGR), along 
with the data used in making the estimates.
    Specific legislative or oversight activities undertaken in 
response: On May 12, 2011, the Subcommittee held a hearing to 
explore new models for delivering and paying for services that 
physicians furnish to Medicare beneficiaries, as the current 
payment model including the SGR has been determined to be 
unsustainable.

14. Letter to HHS Secretary Sebelius on Medical Loss Ratio (MLR) 
        Requirements. (July 28, 2011)

    Description: On December 1, 2010, HHS issued an Interim 
Final Regulation, with request for comments, implementing 
Section 2718 of Patient Protection and Affordable Care Act 
(P.L. 111-148), which requires health insurance issuers to meet 
certain Medical Loss Ratio (MLR) requirements. Michigan's 
Department of Licensing and Regulatory Affairs Commissioner 
Clinton applied for an adjustment to these requirements for 
Michigan's individual market in order to prevent a significant 
disruption in the market.
    Specific legislative or oversight activities undertaken in 
response: Chairman Camp and Chairman Upton wrote HHS in support 
of Michigan's application for adjustment to the federally-
mandated MLR. In addition to supporting Michigan's application, 
the joint letter noted that such an adjustment would not 
address the fundamentally flawed law. The Chairmen stated, 
``MLR requirements will reduce consumers' ability to choose the 
health plan that best meets their needs and risks disrupting 
the health insurance coverage . . . violating President Obama's 
pledge that if you like the plan you have, you can keep it.''

15. Executive Order 13590 Authorizing the Imposition of Certain 
        Sanctions with Respect to the Provisions of Goods, Service, 
        Technology, or Support for Iran's Energy and Petrochemical 
        Sectors (Nov. 21, 2011)

    Description: Executive order issued to expand sanctions to 
target the supply of goods, services, technology, or support 
(above certain monetary thresholds) to Iran for the development 
of its petroleum resources and maintenance or expansion of its 
petrochemical industry; designate eleven individuals and 
entities under Executive Order 13382 for their role in Iran's 
WMD program; and identify the Islamic Republic of Iran as a 
jurisdiction of ``primary money laundering concern'' under 
section 311 of the USA PATRIOT Act.
    Specific legislative or oversight activities undertaken in 
response: Committee staff consulted with Department of Treasury 
on implementation of the Executive Order.

16. Department of Labor Training and Employment Guidance Letter No. 10-
        11 (Nov. 18, 2011)

    Description: Implementation of the TAA Extension Act of 
2011.
    Specific legislative or oversight activities undertaken in 
response: Committee staff is consulting with Department of 
Labor on implementation of the changes to the TAA program in 
2011.

17. Executive Order 13582 Blocking Property of the Government of Syria 
        and Prohibiting Certain Transactions with Respect to Syria 
        (Aug. 17, 2011)

    Description: Executive order issued in response to the 
Government of Syria's violence against its own people.
    Specific legislative or oversight activities undertaken in 
response: Committee staff consulted with Departments of 
Treasury and State on implementation of the Executive Order.

18. Executive Order 13574 Authorizing the Implementation of Certain 
        Sanctions Set Forth in the Iran Sanctions Act of 1996, as 
        Amended (May 23, 2011)

    Description: Executive order issued to implement the 
Comprehensive Iran Sanctions, Accountability, and Divestment 
Act of 2010.
    Specific legislative or oversight activities undertaken in 
response: Committee staff consulted with Department of Treasury 
on implementation of the Executive Order.

19. Executive Order 13570 Prohibiting Certain Transactions with Respect 
        to North Korea (April 18, 2011)

    Description: Executive order reiterating the ban on 
importation of any goods, services, or technology from North 
Korea.
    Specific legislative or oversight activities undertaken in 
response: Committee staff consulted with Departments of 
Treasury and State on implementation of the Executive Order.

      APPENDIX I. JURISDICTION OF THE COMMITTEE ON WAYS AND MEANS


                          A. U.S. Constitution

    Article I, Section 7, of the Constitution of the United 
States provides as follows:
    All Bills for raising Revenue shall originate in the House 
of Representatives; but the Senate may propose or concur with 
Amendments as on other Bills.
    In addition, Article I, Section 8, of the Constitution of 
the United States provides the following:

          The Congress shall have Power To lay and collect 
        Taxes, Duties, Imposts and Excises, to pay the Debts 
        and . . . To borrow Money on the credit of the United 
        States.

       B. Rule X, Clause 1, Rules of the House of Representatives

    Rule X, clause 1(t), of the Rules of the House of 
Representatives, in effect during the 110th Congress, provides 
for the jurisdiction of the Committee on Ways and Means, as 
follows:

    (t) Committee on Ways and Means.
          (1) Customs revenue, collection districts, and ports 
        of entry and delivery.
          (2) Reciprocal trade agreements.
          (3) Revenue measures generally.
          (4) Revenue measures relating to insular possessions.
          (5) Bonded debt of the United States, subject to the 
        last sentence of clause 4(f). Clause 4(f) requires the 
        Committee on Ways and Means to include in its annual 
        report to the Committee on the Budget a specific 
        recommendation, made after holding public hearings, as 
        to the appropriate level of the public debt that should 
        be set forth in the concurrent resolution on the 
        budget.
          (6) Deposit of public monies.
          (7) Transportation of dutiable goods.
          (8) Tax exempt foundations and charitable trusts.
          (9) National Social Security (except health care and 
        facilities programs that are supported from general 
        revenues as opposed to payroll deductions and except 
        work incentive programs).

            C. Brief Description of Committee's Jurisdiction

    The foregoing recitation of the provisions of House Rule X, 
clause 1, paragraph (t), does not convey the comprehensive 
nature of the jurisdiction of the Committee on Ways and Means. 
The following summary provides a more complete description:
    (1) Federal revenue measures generally--The Committee on 
Ways and Means has the responsibility for raising the revenue 
required to finance the Federal Government. This includes 
individual and corporate income taxes, excise taxes, estate 
taxes, gift taxes, and other miscellaneous taxes.
    (2) The bonded debt of the United States--The Committee on 
Ways and Means has jurisdiction over the authority of the 
Federal Government to borrow money. Title 31 of Chapter 31 of 
the U.S. Code authorizes the Secretary of the Treasury to 
conduct any necessary public borrowing subject to a maximum 
limit on the amount of borrowing outstanding at any one time. 
This statutory limit on the amount of public debt (``the debt 
ceiling'') currently is $14.294 trillion. The Committee's 
jurisdiction also includes conditions under which the U.S. 
Department of the Treasury manages the Federal debt, such as 
restrictions on the conditions under which certain debt 
instruments are sold.
    (3) National Social Security program--The Committee on Ways 
and Means has jurisdiction over most of the programs authorized 
by the Social Security Act, which includes not only those 
programs that are normally referred to colloquially as ``Social 
Security'' but also social insurance programs and a whole 
series of grant-in-aid programs to State governments for a 
variety of purposes. The Social Security Act, as amended, 
contains 21 titles (a few of which have either expired or have 
been repealed). The principal programs established by the 
Social Security Act and under the jurisdiction of the Committee 
on Ways and Means in the 112th Congress can be outlined as 
follows:
          (a) Old-age, survivors, and disability insurance 
        (Title II)--At present, there are approximately 157 
        million workers in employment covered by the program, 
        and for calendar year 2010, $702 billion in benefits 
        were paid almost 54 million individuals.
          (b) Medicare (Title XVIII)--Finances health care 
        benefits through the Hospital Insurance trust fund for 
        47.1 million persons over the age of 65 and for 7.9 
        million disabled persons. Finances voluntary health 
        care benefits through the Supplementary Medical 
        Insurance trust fund for 43.8 million aged persons and 
        7.1 million disabled persons. Total program outlays 
        through these trust funds were $522.8 billion in 2010.
          (c) Supplemental Security Income (SSI) (Title XVI)--
        The SSI program was inaugurated in January 1974 under 
        the provisions of P.L. 92-603, as amended. It replaced 
        the former Federal-State programs for the needy aged, 
        blind, and disabled. In January 2011, 7.9 million 
        individuals received Federal SSI benefits on a monthly 
        basis. Of these 7.9 million persons, approximately 1.2 
        million received benefits on the basis of age, and 6.7 
        million on the basis of blindness or disability. 
        Federal expenditures for cash SSI payments in 2010 
        totaled $47.0 billion, while State expenditures for 
        federally administered SSI supplements totaled $3.7 
        billion.
          (d) Temporary Assistance for Needy Families (TANF) 
        (part A of Title IV)--The TANF program is a block grant 
        of about $16.5 billion dollars awarded to States to 
        provide income assistance to poor families, to end 
        dependency on welfare benefits, to prevent nonmarital 
        births, and to encourage marriage, among other 
        purposes. In most cases, Federal TANF benefits for 
        individuals are limited to 5 years and individuals must 
        work to maintain their eligibility. In September 2010, 
        about 1.9 million families and 4.6 million individuals 
        received benefits from the TANF program.
          (e) Child support enforcement (part D of Title IV)--
        In fiscal year 2010 Federal administrative expenditures 
        totaled $5.8 billion for the child support enforcement 
        program. Child support collections for that year 
        totaled $26.6 billion.
          (f) Child welfare, foster care, and adoption 
        assistance (parts B and E of Title IV)--Titles IV B and 
        E provide funds to States for child welfare services 
        for abused and neglected children; foster care for 
        children who meet Aid to Families with Dependent 
        Children eligibility criteria; and adoption assistance 
        for children with special needs. In fiscal year 2010, 
        Federal expenditures for child welfare services totaled 
        $690 million. Federal expenditures for foster care and 
        adoption assistance were approximately $7.1 billion.
          (g) Unemployment compensation programs (Titles III, 
        IX, and XII)--These titles authorize the Federal-State 
        unemployment compensation program and the permanent 
        extended benefits program. In FY 2010, an estimated 
        $156.1 billion was paid in unemployment compensation, 
        with approximately 13.9 million workers receiving 
        unemployment compensation payments.
          (h) Social services (Title XX)--Title XX authorizes 
        the Federal Government to reimburse the States for 
        money spent to provide persons with various services. 
        Generally, the specific services provided are 
        determined by each State. In fiscal year 2010, $1.7 
        billion was appropriated. These funds are allocated on 
        the basis of population.
    (4) Trade and tariff legislation--The Committee on Ways and 
Means has responsibility over legislation relating to tariffs, 
import trade, and trade negotiations. In the early days of the 
Republic, tariff and customs receipts were major sources of 
revenue for the Federal Government. As the Committee with 
jurisdiction over revenue-raising measures, the Committee on 
Ways and Means thus evolved as the primary Committee 
responsible for international trade policy.
    The Constitution vests the power to levy tariffs and to 
regulate international commerce specifically in the Congress as 
one of its enumerated powers. Statutes including the Reciprocal 
Trade Agreements Acts beginning in 1934, Trade Expansion Act of 
1962, Trade Act of 1974, Trade Agreements Act of 1979, Trade 
and Tariff Act of 1984, Omnibus Trade and Competitiveness Act 
of 1988, North American Free Trade Agreement (NAFTA) 
Implementation Act, Uruguay Round Agreements Act, Trade Act of 
2002, and other legislation implementing U.S. obligations under 
trade agreements implementing bills provide the basis for U.S. 
bargaining with other countries and the means to achieve the 
mutual reduction of tariff and nontariff trade barriers under 
reciprocal trade agreements.
    The Committee's jurisdiction includes the following 
authorities and programs:
          (a) The tariff schedules and all tariff preference 
        programs, such as the General System of Preferences, 
        the Caribbean Basin Initiative, the Africa Growth and 
        Opportunity Act, the Andean Trade Preferences Act, and 
        the Haitian Hemispheric Opportunity through Growth Act;
          (b) Laws dealing with unfair trade practices, 
        including the antidumping law, countervailing duty law, 
        section 301, and section 337;
          (c) Other laws dealing with import trade, including 
        section 201 (escape clause), section 232 national 
        security controls, section 22 agricultural 
        restrictions, international commodity agreements, 
        textile restrictions under section 204, and any other 
        restrictions or sanctions affecting imports;
          (d) General and specific trade negotiating authority, 
        as well as implementing authority for trade agreements 
        and the grant of normal-trade-relations (NTR) status;
          (e) Trade Adjustment Assistance programs for workers, 
        firms, farmers, and communities;
          (f) Customs administration and enforcement, including 
        rules of origin and country-of origin marking, customs 
        classification, customs valuation, customs user fees, 
        and U.S. participation in the World Customs 
        Organization (WCO);
          (g) Trade and customs revenue functions of the 
        Department of Homeland Security and the Department of 
        the Treasury;
          (h) Authorization of the budget for the International 
        Trade Commission (ITC), functions of the Department of 
        Homeland Security under the Committee's jurisdiction 
        (including the Bureaus of Customs and Border Protection 
        (CBP) and Immigration and Customs Enforcement (ICE), 
        and the Office of the U.S. Trade Representative 
        (USTR)).

   D. Revenue Originating Prerogative of the House of Representatives

    The Constitutional Convention debated adopting the British 
model in which the House of Lords could not amend revenue 
legislation sent to it from the House of Commons. Eventually, 
however, the Convention proposed and the States later ratified 
the Constitution providing that ``All bills for raising revenue 
shall originate in the House of Representatives, but the Senate 
may propose or concur with amendments as on other bills.'' 
(Article 1, Section 7, clause 1.)
    In order to pass constitutional scrutiny under this 
``origination clause,'' a tax bill must be passed first by the 
House of Representatives. After the House has completed action 
on a bill and approved it by a majority vote, the bill is 
transmitted to the Senate for formal action. The Senate may 
have already reviewed issues raised by the bill before its 
transmission. For example, the Senate Committee on Finance 
frequently holds hearings on tax legislative proposals before 
the legislation embodying those proposals is transmitted from 
the House of Representatives. On occasion, the Senate will 
consider a revenue bill in the form of a Senate or ``S.'' bill, 
and then await passage of a revenue ``H.R.'' bill from the 
House. The Senate then will add or substitute provisions of the 
``S.'' bill as an amendment to the ``H.R.'' bill and send the 
``H.R.'' bill back to the House of Representatives for its 
concurrence or for conference on the differing provisions.

   E. The House's Exercise of Its Constitutional Prerogative: ``Blue 
                               Slipping''

    When a Senate bill or amendment to a House bill infringes 
on the constitutional prerogative of the House to originate 
revenue measures, that infringement may be raised in the House 
as a matter of privilege. That privilege has also been asserted 
on a Senate amendment to a House amendment to a Senate bill 
(see 96th Congress, 1st Session, November 8, 1979, 
Congressional Record p. H10425).
    Note that the House in its sole discretion may determine 
that legislation passed by the Senate infringes on its 
prerogative to originate revenue legislation. In the absence of 
such determination by the House, the Federal courts are 
occasionally asked to rule a certain revenue measure to be 
unconstitutional as not having originated in the House (see 
U.S. v. Munoz-Flores, 495 U.S. 385 (1990).
    Senate bills or amendments to non-revenue bills infringe on 
the House's prerogative even if they do not raise or reduce 
revenue. Such infringements are referred to as ``revenue 
affecting.'' Thus, any import ban which could result in lost 
customs tariffs must originate in the House (100th Congress, 
1st Session, July 30, 1987; 100th Congress, 2nd Session, June 
16, 1988, Congressional Record p. H4356).
    Offending bills and amendments are returned to the Senate 
through the passage in the House of a House Resolution which 
states that the Senate provision: ``in the opinion of the 
House, contravenes the first clause of the seventh section of 
the first article of the Constitution of the United States and 
is an infringement of the privilege of the House and that such 
bill be respectfully returned to the Senate with a message 
communicating this resolution'' (e.g., 100th Congress, 1st 
Session, July 30, 1987, Congressional Record p. H6808). This 
practice is referred to as ``blue slipping'' because the 
resolution returning the offending bill to the Senate is 
printed on blue paper.
    In other cases, the Committee of the Whole House has passed 
a similar or identical House bill in lieu of a Senate bill or 
amendment (e.g., 91st Congress, 2nd Congress, May 11, 1970, 
Congressional Record pp. H14951-14960). The Committee on Ways 
and Means has also reported bills to the House which were 
approved and sent to the Senate in lieu of Senate bills (e.g., 
93rd Congress, 1st Session, November 6, 1973, Congressional 
Record pp. 36006-36008). In other cases, the Senate has 
substituted a House bill or delayed action on its own 
legislation to await a proper revenue affecting bill or 
amendment from the House (see 95th Congress, 2nd Session, 
September 22, 1978, Congressional Record p. H30960; January 22, 
1980, Congressional Record p. S107).
    Any Member may offer a resolution seeking to invoke Article 
I, Section 7. However, the determination that a bill violates 
the Origination Clause has been traditionally made by Members 
of the Committee on Ways and Means, and the resolution has been 
offered by the Chairman or another Member of the Committee on 
Ways and Means. Because Article I, Section 7 involves the 
privileges of the House, a blue-slip resolution offered by the 
Chairman or other Members of the Committee on Ways and Means 
has been typically adopted by voice vote on the House Floor. 
There have been instances where the House has agreed to not 
deal directly with the issue by tabling a resolution.\1\\2\
---------------------------------------------------------------------------
    \1\In cases where the Chairman of the Committee on Ways and Means 
did not believe that the bill in question violated the Origination 
Clause or the objection had been dealt with in another manner, 
resolutions offered by other Members of the House have been tabled. 
[See adoption of motion by Representative Rostenkowski to table H. Res. 
571, 97-2, p. 22127.]
    \2\This was an instance where the Chairman of the Committee on Ways 
and Means raised a question of the privilege of the House pursuant to 
Article I, Section 7, of the U.S. Constitution on H.R. 4516, 
Legislative Branch Appropriations. The motion was laid on the table.

       BLUE SLIP RESOLUTIONS--98TH CONGRESS THROUGH 112TH CONGRESS
                           CHRONOLOGICAL LIST
[Resolutions passed by the House returning to the Senate bills passed in
  violation of the origination clause of the United States Constitution
                   (Clause 1, Section 7 of Article 1)]
------------------------------------------------------------------------
H. Res., sponsor, and date of  Description of Senate action (and related
        House passage                    House action, if any)
------------------------------------------------------------------------
112th Congress:
    H. Res. 829, Mr. Camp....  On December 4, 2012, the Senate passed S.
    December 12, 2012           3254, ``National Defense Authorization
                                Act for Fiscal Year 2013'' and
                                incorporated this measure in H.R. 4310,
                                ``National Defense Authorization Act for
                                Fiscal Year 2013'' as an amendment.
                                Contained in this legislation were
                                provisions imposing sanctions, including
                                import sanctions, on persons conducting
                                sanctionable activities with Iran and
                                the Democratic Republic of Congo. These
                                proposed changes to the import laws
                                constituted a revenue measure in the
                                constitutional sense because they would
                                have had a direct impact on customs
                                revenue.
111th Congress:
    H. Res. 1653, Mr. Levin..  On August 5, 2010, the Senate passed H.R.
    September 23, 2010          5875, ``Emergency Border Supplemental
                                Appropriations Act, 2010'' with an
                                amendment. Contained in this legislation
                                was a provision requiring certain
                                employers to pay a surcharge with
                                respect to each application for a worker
                                visa. The proposed surcharge constituted
                                a revenue measure in the constitutional
                                sense because it would have had a direct
                                impact on Federal revenues.
                               On March 26, 2010, the Senate passed S.
                                3162. Contained in this legislation was
                                an amendment to the Internal Revenue
                                Code of 1986, as amended, to clarify the
                                health care provided by the Secretary of
                                Veterans Affairs constitutes minimum
                                essential coverage. The proposed
                                amendment to the Internal Revenue Code
                                constituted a revenue measure in the
                                constitutional sense because it would
                                have had a direct impact on Federal
                                revenues.
                               On March 25, 2010, the Senate passed S.
                                3187, ``Federal Aviation Administration
                                Extension Act of 2010.'' Contained in
                                this legislation were extensions of fuel
                                and ticket taxes that fund the Airport
                                and Airway Trust Fund. These proposed
                                extensions of taxes constituted revenue
                                measures in the constitutional sense
                                because they would have had a direct
                                impact on Federal revenues.
                               On January 28, 2010, the Senate passed S.
                                2799, ``Comprehensive Iran Sanctions,
                                Accountability, and Divestment Act of
                                2009.'' Contained in this legislation
                                was a provision banning the importation
                                of imports from Iran. The proposed
                                change in the import laws constituted a
                                revenue measure in the constitutional
                                sense because it would have had a direct
                                impact on customs revenues.
                               On July 20, 2009, the Senate passed S.
                                951, ``New Frontier Congressional Gold
                                Medal Act.'' Contained in this
                                legislation was a provision allowing the
                                Secretary of the Treasury to sell
                                commemorative coins celebrating the 40th
                                anniversary of the first landing on the
                                moon. The proposed sale of these coins
                                would have constituted a revenue measure
                                in the constitutional sense because it
                                would have had a direct impact on
                                Federal revenues.
                               On August 9, 2009, the Senate passed S.
                                1023, ``Travel Promotion Act of 2009.''
                                Contained in this legislation was a
                                provision requiring users of the
                                government's visa waiver program to pay
                                a surcharge. The proposed surcharge
                                constituted a revenue measure in the
                                constitutional sense because it would
                                have had a direct impact on Federal
                                revenues.
107th Congress:
    H. Res. 240, Mr. Thomas..  On September 13, 2001, the Senate passed
    September 20, 2001          H.R. 2500, ``Making appropriations for
                                the U.S. Departments of Commerce,
                                Justice, and State, the Judiciary, and
                                related agencies for the fiscal year
                                ending September 30, 2002, and for other
                                purposes'' with an amendment. Contained
                                in this legislation was a provision
                                banning the importation of diamonds not
                                certified as originating outside
                                conflict zones. The proposed change in
                                the import laws constituted a revenue
                                measure in the constitutional sense,
                                because it would have had a direct
                                impact on customs revenues.
    H. Res. 393, Mr. Weller..  On February 24, 1999, the Senate passed
    November 18, 1999           S. 4, the Soldiers', Sailors', Airmen's,
                                and Marines' Bill of Rights Act of 1999.
                                The legislation would have allowed
                                members of the Armed Forces to
                                participate in the Federal Thrift
                                Savings Program and to avoid the tax
                                consequences that would otherwise have
                                resulted from certain contributions in
                                excess of the limitations imposed in the
                                Internal Revenue Code. This proposed
                                exemption therefore constituted a
                                revenue measure in the constitutional
                                sense because it would have had a direct
                                impact on Federal revenues.
    H. Res. 249, Mr. Portman.  On May 20, 1999, the Senate passed S.
    July 16, 1999               254, the Violent and Repeat Juvenile
                                Offender Accountability and
                                Rehabilitation Act of 1999. The
                                legislation would have had the effect of
                                banning the import of large capacity
                                ammunition feeding devices. The proposed
                                change in the import laws constituted a
                                revenue measure in the constitutional
                                sense, because it would have had a
                                direct impact on customs revenues.
105th Congress:
    H. Res. 601, Mr. Crane...  On October 8, 1998, the Senate passed S.
    October 15, 1998            361, the Tiger and Rhinoceros
                                Conservation Act of 1998. This
                                legislation would have had the effect of
                                creating a new basis and mechanism for
                                applying import restrictions for
                                products intended for human consumption
                                or application containing (or labeled as
                                containing) any substance derived from
                                tigers or rhinoceroses. The proposed
                                change in the import laws constituted a
                                revenue measure in the constitutional
                                sense, because it would have had a
                                direct impact on customs revenues.
    H. Res. 379, Mr. Ensign..  On April 15, 1997, the Senate passed S.
    March 5, 1998               104, the Nuclear Waste Policy Act of
                                1997. This legislation would have
                                repealed a revenue provision and
                                replaced it with a user fee. The revenue
                                provision in question was a fee of 1
                                mill per kilowatt hour of electricity
                                generated by nuclear power imposed by
                                the Nuclear Waste Policy Act of 1982.
                                The proposed user fee in the legislation
                                would have been limited to the amount
                                appropriated for nuclear waste disposal.
                                The original fee was uncapped, and, in
                                fact, because the fees collected
                                exceeded the associated costs, it was
                                being used as revenue to finance the
                                Federal Government generally. Its
                                proposed repeal, therefore, constituted
                                a revenue measure in the constitutional
                                sense because it would have had a direct
                                impact on Federal revenues.
104th Congress:
    H. Res. 554, Mr. Crane...  On June 30, 1996, the Senate passed H.R.
    September 28, 1996          400, the Anaktuvuk Pass Land Exchange
                                and Wilderness Redesignation Act of
                                1995, with an amendment. Section 204(a)
                                of the Senate amendment would have
                                overridden existing tax law by expanding
                                the definition of actions not subject to
                                Federal, State, or local taxation under
                                the Alaska Native Claims Settlement Act.
                                These changes constituted a revenue
                                measure in the constitutional sense
                                because they would have had a direct
                                impact on Federal revenues.
    H. Res. 545, Mr. Archer..  On September 25, 1996, the Senate passed
    September 27, 1996          S. 1311, the National Physical Fitness
                                and Sports Foundation Establishment Act.
                                Section 2 of the bill would have waived
                                the application of certain rules
                                governing recognition of tax-exempt
                                status for the foundation established
                                under this legislation. This exemption
                                constituted a revenue measure in the
                                constitutional sense because it would
                                have had a direct impact on Federal
                                revenues.
    H. Res. 402, Mr. Shaw....  On January 26, 1996, the Senate passed S.
    April 16, 1996              1463, to amend the Trade Act of 1974.
                                The bill would have changed the
                                authority and procedure for
                                investigations by the ITC for certain
                                domestic agricultural products. Such
                                investigations are a predicate necessary
                                for achieving access to desired trade
                                remedies that the President may order,
                                such as tariff adjustments, tariff-rate
                                quotas, quantitative restrictions, or
                                negotiation of trade agreements to limit
                                imports. By creating a new basis and
                                mechanism for import restrictions under
                                authority granted to the President, the
                                bill constituted a revenue measure in
                                the constitutional sense because it
                                would have had a direct impact on
                                customs revenues.
    H. Res. 387, Mr. Crane...  On February 1, 1996, the Senate passed S.
    March 21, 1996              1518, repealing the Tea Importation Act
                                of 1897. Under existing law in 1996, it
                                was unlawful to import substandard tea,
                                except as provided in the HTS. Changing
                                import restrictions constituted a
                                revenue measure in the constitutional
                                sense because it would have had a direct
                                impact on customs revenues.
103rd Congress:
    H. Res. 577, Mr. Gibbons.  On October 3, 1994, the Senate passed S.
    October 7, 1994             1216, the Crow Boundary Settlement Act
                                of 1994. The bill would have overridden
                                existing tax law by exempting certain
                                payments and benefits from taxation.
                                These exemptions constituted a revenue
                                measure in the constitutional sense
                                because they would have had a direct
                                impact on Federal revenues.
    H. Res. 518, Mr. Gibbons.  On July 20, 1994, the Senate passed H.R.
    August 12, 1994             4554, the Agriculture and Rural
                                Development Appropriation for fiscal
                                year 1995, with amendments. Senate
                                amendment 83 would have provided
                                authority for the Food and Drug
                                Administration (FDA) to collect fees to
                                cover the costs of regulation of
                                products under their jurisdiction.
                                However, these fees were not limited to
                                covering the cost of specified
                                regulatory activities, and would have
                                been charged to a broad cross-section of
                                the public (rather than been limited to
                                those who would have benefited from the
                                regulatory activities) to fund the cost
                                of the FDA's activities generally. These
                                fees constituted a revenue measure in
                                the constitutional sense because they
                                were not based on a direct relationship
                                between their level and the cost of the
                                particular government activity for which
                                they would have been assessed, and would
                                have had a direct impact on Federal
                                revenues.
    H. Res. 487, Mr. Gibbons.  On May 25, 1994, the Senate passed S.
    July 21, 1994               1030, the Veterans Health Programs
                                Improvement Act of 1994. A provision in
                                the bill would have exempted from
                                taxation certain payments made on behalf
                                of participants in the Education Debt
                                Reduction Program. This provision
                                constituted a revenue measure in the
                                constitutional sense because it would
                                have had a direct impact on Federal
                                revenues.
    H. Res. 486, Mr. Gibbons.  On May 29, 1994, the Senate passed S.
    July 21, 1994               729, to amend the Toxic Substances
                                Control Act. Title I of the bill
                                included several provisions to prohibit
                                the importation of specific categories
                                of products which contained more than
                                specified quantities of lead. By
                                establishing these import restrictions,
                                the bill constituted a revenue measure
                                in the constitutional sense because it
                                would have had a direct impact on
                                customs revenues.
    H. Res. 479, Mr. Rangel..  On June 22, 1994, the Senate passed H.R.
    July 14, 1994               4539, the Treasury, Postal Service, and
                                General Government Appropriation for
                                fiscal year 1995, with amendments.
                                Senate amendment 104 would have
                                prohibited the Treasury from using
                                appropriations to enforce the Internal
                                Revenue Code requirement for the use of
                                undyed diesel fuel in recreational
                                motorboats. This prohibition, therefore,
                                constituted a revenue measure in the
                                constitutional sense because it would
                                have had a direct impact on Federal
                                revenues.
102nd Congress:
    H. Res. 373, Mr.           On August 1, 1991, the Senate passed S.
     Rostenkowski.              884 amended, the Driftnet Moratorium
    February 25, 1992           Enforcement Act of 1991. This
                                legislation would require the President
                                to impose economic sanctions against
                                countries that fail to eliminate large-
                                scale driftnet fishing. Foremost among
                                the sanction provisions are those which
                                impose a ban on certain imports into the
                                United States from countries which
                                continue to engage in driftnet fishing
                                on the high seas after a certain date.
                                These changes in our tariff laws
                                constitute a revenue measure in the
                                constitutional sense, because they would
                                have a direct effect on customs
                                revenues.
    H. Res. 267, Mr.           On February 20, 1991, the Senate passed
     Rostenkowski.              S. 320, to reauthorize the Export
    October 31, 1991            Administration Act of 1979. This
                                legislation contains several provisions
                                which impose, or authorize the
                                imposition of, a ban on imports into the
                                United States. Among the provisions
                                containing import sanctions are those
                                relating to certain practices by Iraq,
                                the proliferation and use of chemical
                                and biological weapons, and the transfer
                                of missile technology. These changes in
                                our tariff laws constitute a revenue
                                measure in the constitutional sense,
                                because they would have a direct effect
                                on customs revenues.
    H. Res. 251, Mr. Russo...  On July 11, 1991, the Senate passed S.
    October 22, 1991            1241, the Violent Crime Act of 1991.
                                This legislation contains several
                                amendments to the Internal Revenue Code.
                                Section 812(f) provides that the police
                                corps scholarships established under the
                                bill would not be included in gross
                                income for tax purposes. In addition,
                                sections 1228, 1231, and 1232 each make
                                amendments to the Tax Code with respect
                                to violations of certain firearms
                                provisions. Finally, Title VII amends
                                section 922 of Title VIII of the U.S.
                                Code, making it illegal to transfer,
                                import or possess assault weapons. These
                                changes in our tariff and tax laws
                                constitute revenue measures in the
                                constitutional sense, because they would
                                have an immediate impact on revenues
                                anticipated by U.S. Customs and the
                                Internal Revenue Services.
101st Congress:
    H. Res. 287, Mr. Cardin..  On August 4, 1989, the Senate passed S.
    Nov. 9, 1989                686, the Oil Pollution Liability and
                                Compensation Act of 1989. This
                                legislation contained a provision which
                                would have allowed a credit against the
                                oil spill liability tax for amounts
                                transferred from the Trans-Alaska
                                Pipeline Trust Fund to the Oil Spill
                                Liability Trust Fund.
    H. Res. 177, Mr.           On Apr. 19, 1989, the Senate passed S.
     Rostenkowski.              774, the Financial Institution Reform,
    June 15, 1989               Recovery and Enforcement Act of 1989.
                                This legislation would create two
                                corporations to administer the financial
                                assistance under the bill: The
                                Resolution Trust Corporation and the
                                Resolution Financing Corporation. S. 774
                                would have conferred tax-exempt status
                                to these two corporations. Without these
                                two tax provisions, these two
                                corporations would be taxable entities
                                under the Federal income tax.
100th Congress:
    H. Res. 235, Mr.           On Mar. 30, 1987, the Senate passed S.
     Rostenkowski.              829, legislation which would authorize
    July 30, 1987               appropriations for the ITC, the U.S.
                                Customs Service, and the Office of the
                                U.S. Trade Representative for fiscal
                                year 1988, and for other purposes. In
                                addition, the bill contained a provision
                                relating to imports from the Soviet
                                Union which amends provisions of the
                                Tariff Act of 1930.
    H. Res. 474, Mr.           On Oct. 6, 1987, the Senate passed S.
     Rostenkowski.              1748, legislation which would prohibit
    June 16, 1988 (see also     the importation into the United States
     H.R. 3391).                of all products from Iran. (The House
                                passed H.R. 3391, which included similar
                                provisions, on Oct. 6, 1987.)
    H. Res. 479, Mr.           On May 13, 1987, the Senate passed S.
     Rostenkowski.              727, legislation which would clarify
    June 21, 1988 (see also     Indian treaties and Executive orders
     H.R. 2792 and H.R.         with respect to fishing rights. This
     4333).                     legislation dealt with the tax treatment
                                of income derived from the exercise of
                                Indian treaty fishing rights. (The House
                                passed H.R. 2792, which included similar
                                provisions, on June 20, 1988, under
                                suspension of the rules and was enacted
                                into law as part of P.L. 100-647, H.R.
                                4333.)
    H. Res. 544, Mr.           On Sept. 9, 1988, the Senate passed S.
     Rostenkowski.              2662, the Textile and Apparel Trade Act
    Sept. 23, 1988 (see also    of 1988. This legislation would impose
     H.R. 1154)                 global import quotas on textiles and
                                footwear products.
    H. Res. 552, Mr.           On Sept. 9, 1988, the Senate passed S.
     Rostenkowski.              2763, the Genocide Act of 1988. This
    Sept. 28, 1988              legislation contained a ban on the
                                importation of all oil and oil products
                                from Iraq.
    H. Res. 603, Mr.           On Mar. 30, 1988, the Senate passed S.
     Rostenkowski.              2097, the Uranium Mill Tailings Remedial
    Oct. 21, 1988               Action Amendments of 1987. This
                                legislation would establish a Federal
                                fund to assist in the financing of
                                reclamation and other remedial action at
                                currently active uranium and thorium
                                processing sites and would increase the
                                demand for domestic uranium. The fund
                                would be financed in part by what are
                                called ``mandatory fees'' which are
                                equal to $22 per kilogram for uranium
                                contained in fuel assemblies initially
                                loaded into civilian nuclear power
                                reactors during calendar years 1989-
                                1993. In addition, S. 2097 would impose
                                charges on domestic utilities that use
                                foreign-source uranium in new fuel
                                assemblies loaded in their nuclear
                                reactors.
    H. Res. 604, Mr.           On Aug. 8, 1988, the Senate passed H.R.
     Rostenkowski.              1315, legislation which would authorize
    Oct. 21, 1988               appropriations for the Nuclear
                                Regulatory Commission for fiscal years
                                1988 and 1989. Title IV of the
                                legislation would, among other things,
                                establish a Federal fund to assist in
                                the financing of reclamation and other
                                remedial action at currently active
                                uranium and thorium processing sites and
                                would assist the domestic uranium
                                industry by increasing the demand for
                                domestic uranium. The fund would be
                                financed in part by what are called
                                ``mandatory fees'' equal to $72 per
                                kilogram of uranium contained in fuel
                                assemblies initially loaded into
                                civilian nuclear power reactors on or
                                after Jan. 1, 1988. These fees would be
                                paid by licensees of civilian nuclear
                                power reactors and would be in place
                                until $1 billion had been raised.
99th Congress:
    H. Res. 283, Mr.           On Sept. 26, 1985, the Senate passed S.
     Rostenkowski.              1712, legislation which would extend the
    Oct. 1, 1985                16-cents-per-pack cigarette excise tax
                                rate for 45 days, through Nov. 14, 1985.
                                (The House passed H.R. 3452, which
                                included a similar extension, on Sept.
                                30, 1985.)
    H. Res. 562, Mr.           The Senate passed S. 638, legislation to
     Rostenkowski.              provide for the sale of Conrail to the
    Sept. 25, 1986              Norfolk Southern Railroad. The
                                legislation contained numerous
                                provisions relating to the tax treatment
                                of the sale of Conrail.
98th Congress:
    H. Res. 195, Mr.           On Apr. 21, 1983, the Senate passed S.
     Rostenkowski.              144, a bill to insure the continued
    June 17, 1983.              expansion of international market
                                opportunities in trade, trade in
                                services and investment for the United
                                States, and for other purposes.
------------------------------------------------------------------------

  F. Prerogative Under the Rules of the House Over ``Revenue Measures 
                              Generally''

    In the House of Representatives, tax legislation is 
initiated by the Committee on Ways and Means. The Committee's 
exclusive prerogative to report ``revenue measures generally'' 
is provided by Rule X(1)(t) of the Rules of the House of 
Representatives. The jurisdiction of the Committee on Ways and 
Means under Rule X(1)(t) is protected through the exercise of 
Rule XXI(5)(a) which states:

          A bill or joint resolution carrying a tax or tariff 
        measure may not be reported by a committee not having 
        jurisdiction to report tax or tariff measures, and an 
        amendment in the House or proposed by the Senate 
        carrying a tax or tariff measure shall not be in order 
        during the consideration of a bill or joint resolution 
        reported by a committee not having that jurisdiction. A 
        point of order against a tax or tariff measure in such 
        a bill, joint resolution, or amendment thereto may be 
        raised at any time during pendency of that measure for 
        amendment.

    Based on the precedents of the House, especially those 
involving Rule XXI(5)(a), the following statements can be made 
concerning points of order made under the Rule.
    1. Timeliness. The point of order can be raised at any 
point during consideration of the bill. However, that section 
of the bill in which the ``tax or tariff provision lies must 
either have been previously read or currently open for 
amendment. A point of order may not be raised after the 
Committee of the Whole has risen and reported the bill to the 
House. A point of order against an amendment must be made prior 
to its adoption.
    2. Effect. If a point of order is sustained, the effect is 
that the provision in the bill or amendment is automatically 
deleted.
    3. Substance over form. A provision need not involve an 
amendment to the Internal Revenue Code or the Harmonized Tariff 
Schedule in order to be determined to be a ``tax or tariff'' 
provision.
    4. Revenue decreases and increases. A provision need not 
raise revenue in order to be found to be a ``tax or tariff 
measure.'' Provisions which would have the effect of decreasing 
revenues are also covered by the Rule. Similarly, provisions 
which could have a revenue effect have been determined to be 
covered by the Rule.
    The following is a detailed listing of each of the 
occasions on which points of order have been sustained:

         G. Points of Order--House Rule XXI Chronological List


June 28, 2007

            H.R. 2829, Financial Services and General Government 
                    Appropriations Act, 2008
    A point of order was raised against Section 106 of the 
bill, which would have limited funds to the IRS for the purpose 
of renewing, extending, administering, implementing or 
enforcing any qualified tax collection contract. Mr. Serrano 
conceded the point of order. The point of order was sustained, 
and the provision was stricken from the bill. [110-1, H7352]

June 13, 2006

            H.R. 5576, Transportation, Treasury, Housing and Urban 
                    Development, the Judiciary, and Related Agencies 
                    Appropriations Act, 2007
    A point of order was raised against Section 206 of the 
bill, which would have limited funds to the IRS and prohibit 
its ability to provide and tax preparation software or online 
tools.
    The chair ruled that the provision was in violation of Rule 
XXI, clause 2. The point of order was sustained, and the 
provision was stricken from the bill. [109-2, H3849-3850]

June 14, 2006

            H.R. 5576, Transportation, Treasury, Housing and Urban 
                    Development, the Judiciary, and Related Agencies 
                    Appropriations Act, 2007
    A point of order was raised against an amendment offered by 
Representative Tiahrt, which would have limited funds to the 
IRS and prohibit its ability to provide and tax preparation 
software or online tools.
    Representative Tiahrt withdrew his amendment. [109-2, 
H3930]

May 23, 2006

            H.R. 5384, Agriculture, Rural Development, Food and Drug 
                    Administration, and Related Agencies Appropriations 
                    Act, 2007
    A point of order was raised against an amendment offered by 
Representative DeLauro, which would have increased the bill's 
appropriation for waste and water grant programs by $689 
million and paid for this increase by reducing the size of the 
tax cut for those making over one million dollars.
    The chair ruled that the provision proposes to change 
existing law and constitutes legislation on an appropriations 
bill and, therefore, violates clause 2 of Rule XXI. The point 
of order was sustained, and the amendment was not in order. 
[109-2, H3063]

May 19, 2006

            H.R. 5385, Military Construction and Veterans Affairs and 
                    Related Agencies Appropriations Act, 2007
    Points of order were raised against three amendments 
offered by Representatives Edwards, Farr, and Obey, which would 
have raised taxes to offset program funding increases.
    The chair ruled that these provisions proposed to change 
existing law and constituted legislation on an appropriations 
bill and, therefore, violated clause 2 of Rule XXI. The points 
of order were sustained, and the amendments were not in order. 
[109-2, H2922-2931]

June 30, 2005

            H.R. 3058, Transportation, Treasury, Housing and Urban 
                    Development, the Judiciary, the District of 
                    Columbia, and Independent Agencies Appropriations 
                    Act, 2006
    A point of order was raised against an amendment offered by 
Representative Simmons, which would have limited the use of 
funds to enter into, implement, or provide oversight of 
contracts between the Secretary of the Treasury, or his 
designee, and private collection agencies. Representative 
Simmons withdrew his amendment. [109-1, H3640]

June 29, 2005

            H.R. 3058, Transportation, Treasury, Housing and Urban 
                    Development, the Judiciary, the District of 
                    Columbia, and Independent Agencies Appropriations 
                    Act, 2006
    A point of order was raised against section 218 of the 
bill, which would direct the Secretary of the Treasury to 
submit to the Committees on Appropriations a report defining 
currency manipulation and what actions would be construed as 
another nation manipulating its currency, and describing how 
statutory provisions addressing currency manipulation by 
America's trading partners contained in, and relating to, title 
22 U.S.C. 5304, 5305, and 286y can be better clarified 
administratively to provide for improved and more predictable 
evaluation. The chair ruled that the provision was in violation 
of Rule XXI, clause 2. The point of order was sustained, and 
the provision was stricken from the bill. [109-1, H5422]

June 14, 2005

            H.R. 2862, Science, State, Justice, Commerce, and Related 
                    Agencies Appropriations Act, 2006
    A point of order was raised against an amendment offered by 
Representative Obey, which would have increased funding for the 
EDA by $53 million and paid for this increase by reducing the 
size of the tax cut for those making over one million dollars.
    The chair ruled that the provision proposes to change 
existing law and constitutes legislation on an appropriations 
bill and, therefore, violates clause 2 of Rule XXI. The point 
of order was sustained, and the amendment was not in order. 
[109-1, H4437]

May 26, 2005

            H.R. 2528, Military Quality of Life and Veterans Affairs 
                    Appropriations Act, 2006
    A point of order was raised against an amendment offered by 
Representative Obey, which would have increased the bill's 
appropriation for veterans medical care by $2.6 billion and 
paid for this increase by reducing the size of the tax cut for 
those making over one million dollars.
    The chair ruled that the provision proposes to change 
existing law and constitutes legislation on an appropriations 
bill and, therefore, violates clause 2 of Rule XXI. The point 
of order was sustained, and the amendment was not in order. 
[109-1, H4106]

May 19, 2005

            H.R. 2361, Department of the Interior, Environment, and 
                    Related Agencies Appropriations Act, 2006
    A point of order was raised against an amendment offered by 
Representative Obey, which would have increased the bill's 
appropriation for the Clean Water State Revolving Fund by 
$500,000 and paid for this increase by reducing the size of the 
tax cut for those making over one million dollars.
    The chair ruled that the provision proposes to change 
existing law and constitutes legislation on an appropriations 
bill and, therefore, violates clause 2 of Rule XXI. The point 
of order was sustained, and the amendment was not in order. 
[109-1, H3640]

May 17, 2005

            H.R. 2360, Department of Homeland Security Appropriations 
                    Act, 2006
    A point of order was raised against an amendment offered by 
Representative Obey, which would have increased the bill's 
appropriation for Customs and Border Protection and paid for 
this increase by reducing the size of the tax cut for those 
making over one million dollars.
    The chair ruled that the provision proposes to change 
existing law and constitutes legislation on an appropriations 
bill and, therefore, violates clause 2 of Rule XXI. The point 
of order was sustained, and the amendment was not in order. 
[109-1, H3398]

September 14, 2004

            H.R. 5025, Transportation, Treasury, and Independent 
                    Agencies Appropriations Act, 2005
    A point of order was raised against section 644 of the 
bill, which would have amended section 6402 of the Internal 
Revenue Code of 1986 by adding a new subsection that allows for 
the offset of federal tax refunds to collect delinquent state 
unemployment compensation overpayments. The chair ruled that 
the provision was in violation of Rule XXI, clause 2. The point 
of order was sustained, and the provision was stricken from the 
bill. [108-2, H7176]

September 14, 2004

            H.R. 5025, Transportation, Treasury, and Independent 
                    Agencies Appropriations Act, 2005
    A point of order was raised against section 643 of the 
bill, which would have amended section 453(j) of the Social 
Security Act to allow access to data in the National Directory 
of New Hires for use in collecting delinquent non-tax federal 
debt. The chair ruled that the provision was in violation of 
Rule XXI, clause 2. The point of order was sustained, and the 
provision was stricken from the bill. [108-2, H7176]

September 14, 2004

            H.R. 5025, Transportation, Treasury, and Independent 
                    Agencies Appropriations Act, 2005
    A point of order was raised against section 642 of the 
bill, which would have amended Title 31 of the U.S. Code to 
allow the Federal Government to collect debts that are more 
than 10 years old by withholding federal tax refunds or 
garnishing Social Security benefits. The chair ruled that the 
provision was in violation of Rule XXI, clause 2. The point of 
order was sustained, and the provision was stricken from the 
bill. [108-2, H7176]

September 9, 2004

            H.R. 5006, Departments of Labor, Health and Human Services, 
                    and Education, and Related Agencies Appropriations 
                    Act, 2005
    A point of order was raised against an amendment offered by 
Representative Brown (OH), which would have stopped the 
increase of Part B Medicare premiums, effectively leaving them 
at their current dollar amount. The chair ruled that the 
provision would provide new budget authority in excess of the 
suballocation provided by the Appropriations Committee, and 
therefore violated section 302(f) of the Congressional Budget 
Act of 1974. The point of order was sustained, and the 
amendment was not in order. [108-2, H6945]

September 8, 2004

            H.R. 5006, Departments of Labor, Health and Human Services, 
                    and Education, and Related Agencies Appropriations 
                    Act, 2005
    A point of order was raised against section 219(b) of the 
bill, which created a Medicare claims processing fee for 
duplicative or incorrect claims for Medicare Part A or B 
services. The chair ruled that the provision was in violation 
of Rule XXI. The point of order was conceded, sustained, and 
the provision was stricken from the bill. [108-2, H6836]

June 18, 2004

            H.R. 4567, Department of Homeland Security Appropriations 
                    Act, 2005
    A point of order was raised against an amendment offered by 
Representative Sherman, which would have limited the funds made 
available in this Act for processing the importation of any 
article which is the product of Iran. The chair ruled that the 
provision was in violation of clause 5(a) of Rule XXI. The 
point of order was sustained, and the amendment was not in 
order. [108-2, p. H4551]

July 10, 2003

            H.R. 2660, Departments of Labor, Health and Human Services, 
                    and Education, and Related Agencies Appropriations 
                    Act, 2004
    A point of order was raised against section 217(B) of the 
bill, which created a Medicare Claims Processing fee. An 
October 1, 2003, requirement assured a policy for providers to 
submit all Medicare claims electronically. Since most 
electronic billing systems eliminate inaccurate and duplicate 
claims, and because current law provided the proper small 
business exemption, the user fee was unnecessary. The chair 
ruled that the provision was in violation of Rule XXI, clause 
2(b). The point of order was conceded, sustained, and the 
provision was stricken from the bill. [108-1, p. H6560]

July 10, 2003

            H.R. 2660, Departments of Labor, Health and Human Services, 
                    and Education, and Related Agencies Appropriations 
                    Act, 2004
    A point of order was raised against an amendment offered by 
Representative Obey, which would have provided a 1-percentage 
add-on to the Federal assistance to every State for their 
Medicaid programs. This would have been paid for through a 
reduction in the size of the tax cut for persons who make more 
than $1 million a year. The chair ruled that the amendment 
constituted legislation in violation of Rule XXI, clause 2(c), 
and in addition, constituted a tax measure in violation of Rule 
XXI, clause 5(a). The point of order was conceded and 
sustained. [108-1, p. H6547]

July 23, 2003

            H.R. 2799, Departments of Commerce, Justice, and State, the 
                    Judiciary, and Related Agencies Appropriations Act, 
                    2004
    A point of order was raised against an amendment offered by 
Representative Levin, which would forbid expenditure of funds 
that would be used to negotiate free trade agreements that did 
not contain certain listed provisions, which imposed new duties 
that were not required by law and made the appropriations 
contingent upon the performance of said duties and on 
successful trade negotiations with other countries. The chair 
ruled that the provision was in violation of Rule XXI, clause 
2. The point of order was sustained. [108-1, p. H7337-7339]

September 4, 2003

            H.R. 2989, Transportation, Treasury, and Independent 
                    Agencies Appropriations Act, 2004
    A point of order was raised against portions of section 631 
of the bill, which would have amended the Trade Agreements Act 
of 1979. The provision exempted limitations on procurement. The 
chair ruled that the provision was in violation of Rule XXI, 
clause 2(b). The point of order was conceded, sustained and the 
language was stricken from the bill. [108-1, p. H7913]

September 4, 2003

            H.R. 2989, Transportation, Treasury, and Independent 
                    Agencies Appropriations Act, 2004
    A point of order was raised against the contents of Section 
164 of the bill, which amended the Buy America requirements for 
transit capital purchases of steel, iron, manufactured goods, 
and rolling stock. The chair ruled that these provisions were 
in violation of Rule XXI. The point of order was conceded, 
sustained, and the section was stricken from the bill. [108-1, 
p. H7912-7913]

September 8, 1999

            H.R. 2684, U.S. Departments of Veterans Affairs and Housing 
                    and Urban Development Appropriations for 2000
    A point of order was raised against an amendment offered by 
Representative Edwards, which would have offset an increase in 
funding for veterans' health care by postponing the 
implementation of a capital gains tax cut. The chair ruled that 
the amendment constituted legislation in violation of Rule XXI, 
clause 2(c), and, in addition, constituted a tax measure in 
violation of Rule XXI, clause 5(a). The point of order was 
sustained, and the amendment ruled not in order. [106-1, p. 
H7923]

September 3, 1997

            H.R. 2159, Foreign Operations Appropriations for Fiscal 
                    Year 1998
    A point of order was raised against section 539 of the 
bill, which would have restricted the President's ability to 
issue an executive order lifting import sanctions against 
Yugoslavia (Serbia). The Chair ruled that since current law 
allowed the President to waive the application of certain 
sanctions, including import prohibitions which affect tariff 
collections, the provision in question was a tariff measure 
within the meaning of Rule XXI, clause 5(b). The point of order 
was sustained, and the provision stricken from the bill. [105-
1, p. H 6731]

July 17, 1996

            H.R. 3756, Treasury, Postal Service, and General Government 
                    Appropriations Act of 1997
    A point of order was raised against an amendment which 
prohibited the use of funds by the United States Customs 
Service to take any action that allowed certain imports into 
the United States from the People's Republic of China. The 
point of order was sustained. [104-2, p. H 7708]

May 9, 1995

            H.R. 1361, Coast Guard Authorization
    A point of order was raised against an amendment which 
increased certain fees for large foreign-flag cruise ships. The 
Chair ruled that by increasing the fees charged by the Coast 
Guard for inspecting large foreign-flag cruise ships by an 
unspecified amount in order to offset a decrease in fees for 
other vessels, the amendment attenuated the relationship 
between the amount of the fee and the cost of the particular 
government activity for which it was assessed. Therefore the 
increased fee qualified as a tax or tariff within the meaning 
of Rule XXI, clause 5(b). The point of order was sustained, and 
the amendment ruled out of order. [1-4-1, p. H 4593]

June 15, 1994

            H.R. 4539, Treasury, Postal Service, and General Government 
                    Appropriation for Fiscal Year 1995
    A point of order was raised against section 527 of the 
bill, which would have amended the HTS to create a new tariff 
classification. The new classification would have changed the 
rate of duty on the import of certain fabrics intended for use 
in the manufacture of hot air balloons, thus having direct 
impact on customs revenues. The point of order was conceded and 
sustained, and the provision was stricken from the bill. [103-
2, p. H 4531]

September 16, 1992

            H.R. 5231, The National Competitiveness Act of 1992
    A point of order was raised against an amendment offered by 
Representative Walker. The bill was reported solely from the 
Committee on Science and Technology and amended the Internal 
Revenue Code to provide, inter alia, changes in the tax 
treatment of capital gains.
    The Chair sustained the point of order without elaboration. 
[102- p. H 8621]

October 23, 1990

            H.R. 5021, Department of Commerce, Justice and State, the 
                    Judiciary and Related Agencies Appropriations Act, 
                    1991
    A point of order was raised against amendment 139 which 
increased the rate of fees paid to the Securities and Exchange 
Commission at the time of filing a registration statement. The 
Chair ruled that since the amendment provided that the 
increased level of fees would be deposited in the Treasury, the 
fee involved was in reality a tax and the revenues were to be 
used to defray general governmental costs. The point of order 
was conceded and sustained. [101-2, p. H 11412]

July 13, 1990

            H.R. 5241, Treasury, Postal Service and General Government 
                    Appropriations Act of 1991
    A point of order was raised against section 528 which 
prohibited that ``no funds appropriated'' would be used to 
impose or assess any tax under section 4181 of the Internal 
Revenue Code relating to the excise tax on the manufacture of 
firearms. The point of order was conceded and sustained. [101-
2, p. H 4692]

July 13, 1990

            H.R. 5241, Treasury, Postal Service and General Government 
                    Appropriations Act of 1991
    A point of order was raised against section 524 which 
prohibited the Internal Revenue Service from enforcing rules 
governing the antidiscrimination rules of the exclusion for 
employer provided health-care plans (section 89 of the Internal 
Revenue Code). The point of order was conceded and sustained. 
[101-2, p. H 4692]

October 5, 1989

            H.R. 3299, Omnibus Budget Reconciliation Act of 1989
    A point of order was raised against section 3201 which 
imposed fees on the filing of certain forms required to be 
filed annually in connection with maintaining pension and 
benefit plans. The point of order was sustained with the Chair 
ruling that the revenue raised funded ``general government 
activity.'' [101-1, p. H 6662]

October 4, 1989

            H.R. 3299, Omnibus Budget Reconciliation Act of 1989
    A point of order was raised against section 3156 which 
imposed a ``Termination Fee.'' Under the provision of the bill, 
an employer who terminated a pension plan in a standard 
termination was required to pay a $200-per-participant fee to 
the Pension Benefit Guaranty Corporation (PBGC), the Federal 
insurance agency established to insure defined benefit pension 
plans against insolvency. The point of order was conceded and 
sustained. [101-1, p. H 6621]

October 4, 1989

            H.R. 3299, Omnibus Budget Reconciliation Act of 1989
    A point of order was raised against section 3131(b) which 
exempted multi-employer pension plans from the full funding 
limits of the Internal Revenue Code, section 412(c)(7). This 
provision directly amended the Internal Revenue Code to allow 
the deductibility of contributions to a multi-employer pension 
plan in excess of the full funding limit. The point of order 
was conceded and sustained. [101-1, p. H 6622]

October 4, 1989

            H.R. 3299, Omnibus Budget Reconciliation Act of 1989
    A point of order was raised against section 7002 which 
imposed an annual fee of $1 per acre on the holder of Outer 
Continental Shelf leases. This fee has been designated to 
offset the costs of ocean related environmental research, 
assessment, and protection programs. The point of order was 
sustained with the Chair stating that a provision raising 
revenue to finance general government functions was improperly 
characterized as a tax within the jurisdiction of Clause 5(b) 
of Rule XXI. [101-1, p. H 6610]

October 4, 1989

            H.R. 3299, Omnibus Budget Reconciliation Act of 1989
    A point of order was raised against section 7002 which 
imposed a fee of $20 per passenger on vessels engaged in U.S. 
cruise trade or which offer off-shore gambling. The proceeds of 
this fee were to be deposited in both the Harbor Maintenance 
Trust Fund and the Treasury's general fund. The point of order 
was conceded and sustained. [101-1, p. H 6620]

September 30, 1988

            H.R. 4637, Conference Agreement to accompany the Foreign 
                    Operations, Export Financing and Related Programs 
                    Appropriations Act of 1989
    A point of order was raised against the motion to concur in 
the Senate amendment No. 176 which provided that S. 2848 
(Sanctions Against Iraqi Chemical Weapons Use Act), be added to 
the bill. The point of order was conceded and sustained. [100-
2, p. H 9236]

June 25, 1987

            H.R. 3545, Budget Reconciliation Act of 1987
    A point of order was raised against the section of the bill 
providing that ``all earnings and distributions'' from the 
Enjebi Community Trust Fund, ``shall not be subject to any form 
of Federal, State, or local taxation.'' The point of order was 
conceded and sustained. [100-1, p. H 5539-40]

August 1, 1986

            H.R. 5294, Appropriations, Treasury, Postal Service and 
                    General Government Appropriations, 1987
    A point of order was raised against section 103 which 
denied funds to the Internal Revenue Service to impose vesting 
requirements for qualified pension funds more stringent than 4/
40. As a result, legally collectible taxes on employer 
contributions to such plans would be indefinitely deferred. The 
point of order was conceded and sustained. [99-2, p. H 5311]

August 1, 1986

            H.R. 5294, Appropriations, Treasury, Postal Service and 
                    General Government Appropriations, 1987
    A point of order was raised against section 3 which 
prohibited the use of funds to implement regulations issued by 
the Department of the Treasury to implement section 274(d) of 
the Internal Revenue Code relating to the duty imposed on 
taxpayers to substantiate deductibility of certain expenses 
relating to travel, gifts, and entertainment.
    The Chair sustained the point of order stating that a 
limitation otherwise in order under Clause 2(c), of House Rule 
XXI which ``effectively and inherently either preclude[s] the 
IRS from collecting revenues otherwise due to be [owed] under 
provision of the Internal Revenue Code or require[s] the 
collection of revenue not legally due and owing constitutes a 
tax provision within the meaning of Rule XXI, Clause 5(b).''
    The Chair also noted that when the point of order was 
raised that under the Rule the point of order against the 
provision could be raised at any point during the consideration 
of the bill. [99-2, p. H 5310]

October 24, 1986

            H.R. 3500, Budget Reconciliation Act of 1985
    A point of order was raised against section 3113. The 
provision in the reconciliation bill reported from the Budget 
Committee contained a recommendation from the Committee on 
Education and Labor to exclude certain interest on obligations 
to Student Loan Marketing Association from Application of 
Internal Revenue Code (IRC), section 265 which denies a 
deduction for certain expenses and interest relating to the 
production of tax-exempt income. The point of order was 
sustained. [99-1, p. H 5310]

October 24, 1985

            H.R. 3500, Budget Reconciliation Act of 1985
    A point of order was raised against section 6701 which had 
been reported from the Committee on the Budget containing a 
recommendation of the Committee on Merchant Marine and 
Fisheries. Section 6701 expanded tax benefits available to ship 
owners through the ``capital construction fund'' (section 7518 
of the IRC), by permitting repatriation of foreign-source 
income to avoid U.S. taxes and expanding the definition of 
vessels eligible to establish such tax-exempt funds. [99-1, p. 
H 9189]

July 26, 1985

            H.R. 3036, Appropriations, Treasury, Postal Service, and 
                    General Government Appropriation, 1986
    A point of order was raised against section 106 which 
prohibited the use of funds to implement or enforce regulations 
imposing or collecting a tax on the interest deferral from 
entrance or accommodation fees paid by elderly residents of 
continuing care facilities (section 7872 of the Internal 
Revenue Code). The Chair sustained the point of order against 
the provision as a tax provision within the meaning of House 
Rule XXI, Clause 5(b). [99-1, p. H 6418]

July 11, 1985

            H.R. 1555, International Security and Development Act of 
                    1985
    A point of order was raised against section 1208, which 
denied trade benefits to Afghanistan, provided for the denial 
of most favored nation status to Afghanistan and denied trade 
credits to Afghanistan. The point of order was conceded and 
sustained. [99-1, p. H 5489]

June 4, 1985

            H.R. 1460, Anti-Apartheid Act of 1985
    A point of order was raised against an amendment to 
prohibit the entry of South African Krugerrands or gold coins 
into the customs territory of the United States unless uniform 
5 percent fee were paid. The point of order was sustained on 
the grounds that the fee was equivalent to a tariff uniform 
charge imposed at ports of entry with proceeds deposited in the 
Treasury. [99-1, p. H 3762]

September 12, 1984

            H.R. 5798, conference report to accompany the 
                    Appropriations, Treasury, Postal Service, Executive 
                    Office of the President and certain independent 
                    agencies Appropriation, 1985
    A point of order was raised against a Senate amendment, No. 
92 which amended the existing customs law under the Tariff Act 
of 1930 with respect to seizures and forfeitures of property by 
the Customs Service. The point of order was conceded and 
sustained. [98-2, p. H 9407]

September 12, 1984

            H.R. 5798, conference report to accompany the 
                    Appropriations, Treasury, Postal Service, Executive 
                    Office of the President and certain independent 
                    agencies Appropriation, 1985
    A point of order was raised against a Senate amendment, No. 
26 which amended the tariff schedule of the United States 
(TSUS) to provide duty-free importation of a telescope for the 
University of Arizona. The point of order was conceded and 
sustained. [98-2, p. H 9396]

September 12, 1984

            H.R. 5798, conference report to accompany the, Treasury, 
                    Postal Service, Executive Office of the President 
                    and certain independent agencies, 1985
    A point of order was raised against a Senate amendment, No. 
24 which provided that ``none of the funds appropriated by this 
act or any other act'' shall be used to impose of assess the 
manufacturer's excise tax on sporting goods. The point of order 
specifically stated that the term ``tax'' and ``tariff'' under 
House Rule XXI, Clause 5(b), included provisions such as these 
contained in the amendment which would result less revenue 
spent than under the operation of existing law. The point of 
order was conceded and sustained. [98-2, p. H 9395-9396]

October 27, 1983

            H.R. 4139, conference report to accompany the Treasury, 
                    Postal Service, Executive Office of the President 
                    and certain independent agencies, 1984
    The Chair sustained a point of order against section 511 
which would have prohibited the Customs Service from enforcing 
a provision of law permitting agricultural products to enter 
the United States duty-free under the CBI. The Chair ruled that 
the effect of the provision was to cause duties on certain 
imports to be imposed where none is required and to require 
collections of revenue contrary to existing tariff laws and 
that, as a result, section 511 was a tariff provision rather 
than a limitation of appropriated funds. [98-1, p. H 8717]

September 21, 1983

            H.R. 1036, Community Renewal Employment Act
    The Chair sustained a point of order against a motion to 
recommit a bill to a committee without jurisdiction over 
revenue measures (the Committee on Education and Labor), and to 
report the bill back to the House with tax provisions relating 
to ``enterprise zones.'' The motion was ruled to violate House 
Rule XVI, Clause 7, and House Rule XXI Clause 5(b). [98-1, p. H 
7244]

        H. Restrictions on ``Federal Income Tax Rate Increases''

    House Rule XXI, clause 5(b) requires a supermajority 3/5 
vote for any bill containing a prospective Federal income tax 
rate increase and clause 5(c) prohibits retroactive Federal 
income tax rate increases.
    The wording of the Rule and its legislative history make it 
clear that the Rule applies only to increases in specific 
statutory rates in the Internal Revenue Code and not to 
provisions merely because they raise revenue or otherwise 
modify the income tax base.

                      APPENDIX II. HISTORICAL NOTE

    The Committee on Ways and Means was first established as an 
ad hoc committee in the first session of the First Congress, on 
July 24, 1789.\1\ Representative Fitzsimons, from Pennsylvania, 
in commenting on the report of a select committee concerning 
appropriations and revenues, pointed out the desirability of 
having a committee to review the expenditure needs of the 
Government and the resources available, as follows:

    \1\1 Cong. Rec. 696.

          The finances of America have frequently been 
        mentioned in this House as being very inadequate to the 
        demands. I have ever been of a different opinion, and 
        do believe that the funds of this country, if properly 
        drawn into operation, will be equal to every claim. The 
        estimate of supplies necessary for the current year 
        appears very great from a report on your table, and 
        which report has found its way into the public 
        newspapers. I said on a former occasion, and I repeat 
        it now, notwithstanding what is set forth in the 
        estimate, that a revenue of $3 million in specie, will 
        enable us to provide every supply necessary to support 
        the Government, and pay the interest and installments 
        on the foreign and domestic debt. If we wish to have 
        more particular information on these points, we ought 
        to appoint a Committee on Ways and Means, to whom, 
        among other things, the estimate of supplies may be 
        referred, and this ought to be done speedily, if we 
        mean to do it this session.\2\
---------------------------------------------------------------------------
    \2\1 Cong. Rec. 696.

    After discussion, the motion was agreed to and a committee 
consisting of one Member from each State (North Carolina and 
Rhode Island had not yet ratified the Constitution) was 
appointed as follows: Messrs. Fitzsimons (Pennsylvania), Vining 
(Delaware), Livermore (New Hampshire), Cadwalader (New Jersey), 
Laurance (New York), Wadsworth (Connecticut), Jackson 
(Georgia), Gerry (Massachusetts), Smith (Maryland), Smith 
(South Carolina), and Madison (Virginia).
    While there does not appear to be any direct relationship, 
it is interesting to note that the appointment of this ad hoc 
committee came within a few weeks after the House, in Committee 
of the Whole, had spent a good part of the months of April, 
May, and June in wrestling with the details involved in writing 
bills for laying a duty on goods, wares, and merchandises 
imported into the United States and for imposing duties on 
tonnage. Tariffs, of course, became a prime revenue source for 
the new government.
    However, the results of this ad hoc committee are not 
clear. It existed for a period of only 8 weeks, being dissolved 
on September 17, 1789, with the following order:

          That the Committee on Ways and Means be discharged 
        from further proceeding on the business referred to 
        them, and that it be referred to the Secretary of the 
        Treasury to report thereon.\3\
---------------------------------------------------------------------------
    \3\1 Cong. Rec. 930.

    It has also been suggested that the Committee was dissolved 
because Alexander Hamilton had become Secretary of the newly 
created U.S. Department of the Treasury, and thus it was 
presumed that the U.S. Department of the Treasury could provide 
the necessary machinery for developing information which would 
be needed. During the next 6 years there was no Committee on 
Ways and Means or any other standing committee for the 
examination of estimates. Rather, ad hoc committees were 
appointed to draw up particular pieces of legislation on the 
basis of decisions made in the Committee of the Whole House. On 
---------------------------------------------------------------------------
November 13, 1794, a Rule was adopted providing that:

          All proceedings touching appropriations of money 
        shall be first moved and discussed in a Committee on 
        the Whole House.\4\
---------------------------------------------------------------------------
    \4\3 Cong. Rec. 881.

    Historians have suggested that, during the next Congress, 
the House was determined to curtail Secretary Hamilton's 
influence by first setting up a Committee on Ways and Means and 
requiring that Committee to submit a report on appropriations 
and revenue measures before consideration in the Committee of 
the Whole House. It was also said that this Committee on Ways 
and Means was put on a more or less standing basis since such a 
committee appeared at some point in every Congress until it was 
made a permanent committee.
    In the first session of the 7th Congress, Tuesday, December 
8, 1801, a resolution was adopted as follows:

          Resolved, That a standing Committee on Ways and Means 
        be appointed, whose duty it shall be to take into 
        consideration all such reports of the Treasury 
        Department, and all such propositions, relative to the 
        revenue as may be referred to them by the House; to 
        inquire into the state of the public debt, of the 
        revenue, and of the expenditures; and to report, from 
        time to time, their opinion thereon.\5\
---------------------------------------------------------------------------
    \5\7 Cong. Rec. 312.

    The following Members were appointed: Messrs. Randolph 
(Virginia), Griswold (Connecticut), Smith (Vermont), Bayard 
(Delaware), Smilie (Pennsylvania), Read (Massachusetts), 
Nicholson (Maryland), Van Rensselaer (New York), Dickson 
(Tennessee).
    On Thursday, January 7, 1802, the House agreed to standing 
Rules which, among other things, provided for standing 
committees, including the Committee on Ways and Means. The 
relevant part of the Rules in this respect read as follows:

          A Committee on Ways and Means, to consist of seven 
        Members;\6\

        

           *       *       *       *       *       *       *
    \6\7 Cong. Rec. 412.
---------------------------------------------------------------------------
        It shall be the duty of the said Committee on Ways and 
        Means to take into consideration all such reports of 
        the U.S. Department of the Treasury, and all such 
        propositions relative to the revenue, as may be 
        referred to them by the House; to inquire into the 
        state of the public debt, of the revenue, and of the 
        expenditures, and to report, from time to time, their 
        opinion thereon; to examine into the state of the 
        several public departments, and particularly into the 
        laws making appropriations of moneys, and to report 
        whether the moneys have been disbursed conformably with 
        such laws; and also to report, from time to time, such 
        provisions and arrangements, as may be necessary to add 
        to the economy of the departments, and the 
        accountability of their officers.\7\
---------------------------------------------------------------------------
    \7\7 Cong. Rec. 412.

    It has been said that the jurisdiction of the Committee was 
so broad in the early 19th century that one historian described 
it as follows:
    It seemed like an Atlas bearing upon its shoulders all the 
business of the House.\8\
---------------------------------------------------------------------------
    \8\Alexander, De Alva Stanwood. History and Procedure of the House 
of Representatives. 1916.
---------------------------------------------------------------------------
    The jurisdiction of the Committee remained essentially the 
same until 1865 when the control over appropriations was 
transferred to a newly created Committee on Appropriations and 
another part of its jurisdiction was given to a newly created 
Committee on Banking and Currency. This action followed rather 
extended discussion in the House, too lengthy to review here.
    During the course of that discussion, however, the 
following observations are of some historical interest. 
Representative Cox, who was handling the motion to divide the 
Committee, presented a detailed description of the varied and 
heavy duties which had fallen on the Committee over the years. 
He observed:

          And yet, sir, powerful as the Committee is 
        constituted, even their powers of endurance, physical 
        and mental, are not adequate to the great duty which 
        has been imposed by the emergencies of this historic 
        time. It is an old adage, that whoso wanteth rest will 
        also want of might; and even an Olympian would faint 
        and flag if the burden of Atlas is not relieved by the 
        broad shoulders of Hercules.

He continued:

          I might give here a detailed statement of the amount 
        of business thrown upon that Committee since the 
        commencement of the war. But I prefer to append it to 
        my remarks. Whereas before the war we scarcely expended 
        more than $70 million a year, now, during the five 
        sessions of the last two Congresses, there has been an 
        average appropriation of at least $800 million per 
        session. The statement which I hold in my hand shows 
        that during the first and extra session of the 37th 
        Congress there came appropriation bills from the 
        Committee on Ways and Means amounting to 
        $226,691,457.99. I say nothing now of the loan and 
        other fiscal bills emanating from that Committee . . . 
        During the present session I suppose it would be a fair 
        estimate to take the appropriations of the last session 
        of the 37th Congress, say $900 million.
          These are appropriation bills alone. They are 
        stupendous, and but poorly symbolize the immense labors 
        which the internal revenue, tariff, and loan bills 
        imposed on the Committee . . . And this business of 
        appropriations is perhaps not one-half of the labor of 
        the Committee. There are various and important matters 
        upon which they act, but upon which they never report. 
        Their duties comprehend all the varied interests of the 
        United States; every element and branch of industry, 
        and every dollar or dime of value. They are connected 
        with taxation, tariffs, banking, loan bills, and ramify 
        to every fiber of the body-politic. All the springs of 
        wealth and labor are more or less influenced by the 
        action of this Committee. Their responsibility is 
        immense, and their control almost imperial over the 
        necessities, comforts, homes, hopes, and destinies of 
        the people. All the values of the United States, which 
        in the census of 1860 (page 194) amount to nearly $17 
        billion, or, to be exact, $16,159,616,068, are affected 
        by the action of that Committee, even before their 
        action is approved by the House. Those values fluctuate 
        whenever the head of the Committee on Ways and Means 
        rises in his place and proposes a measure. The price of 
        every article we use trembles when he proposes a gold 
        bill or a loan bill, or any bill to tax directly or 
        indirectly . . . the interests connected with these 
        economical questions are of all questions those most 
        momentous for the future. Parties, statesmanship, 
        union, stability, all depend upon the manner in which 
        these questions are dealt with.\9\
---------------------------------------------------------------------------
    \9\39 Cong. Rec. 1312.

    Representative Morrill (who was subsequently appointed 
chairman of the Committee on Ways and Means in the succeeding 
Congress, and who still later became chairman of the Senate 
Committee on Finance after he became a Senator) observed as 
---------------------------------------------------------------------------
follows:

          I am entirely indifferent as to the disposition which 
        shall be made of this subject by the House. So far as I 
        am myself concerned, I have never sought any position 
        upon any committee from the present or any other 
        Speaker of the House, and probably never shall. I have 
        no disposition to press myself hereafter for any 
        position. In relation to the proposed division of the 
        Committee on Ways and Means, the only doubt that I have 
        is the one expressed by my colleague on that Committee, 
        Representative Stevens, in regard to the separation of 
        the questions of revenue from those relating to 
        appropriations. In ordinary times of peace I should 
        deem it almost indispensable and entirely within their 
        power that this Committee should have the control of 
        both subjects, in order that they might make both ends 
        meet, that is, to provide a sufficient revenue for the 
        expenditures. That reason applies now with greater 
        force; but it may be that the Committee is overworked. 
        It is true that for the last 3 or 4 years the labors of 
        the Committee on Ways and Means have been incessant, 
        they have labored not only days but nights; not only 
        weekends but Sundays. If gentlemen suppose that the 
        Committee have permitted some appropriations to be 
        reported which should not have been permitted they 
        little understand how much has been resisted.\10\
---------------------------------------------------------------------------
    \10\39 Cong. Rec. 1316.

    The influence the Committee came not only from the nature 
of its jurisdiction but also because for many years the 
chairman of the Committee was also ad hoc majority Floor leader 
of the House.
    When the revolt against Speaker Cannon occurred in 1910, 
and the Speaker's powers to appoint the Members of committees 
were curtailed, the Majority Members on the Committee on Ways 
and Means became the Committee on Committees. Subsequently, 
this power was disbursed to the respective party caucuses, 
beginning in the 94th Congress.
    Throughout its history, many famous Americans have served 
on the Committee on Ways and Means. The long and distinguished 
list includes 8 Presidents of the United States, 8 Vice 
Presidents, four Justices of the Supreme Court, 34 Cabinet 
members, and quite interestingly, 21 Speakers of the House of 
Representatives. This latter figure represents nearly one-half 
of the 51 Speakers who have served since 1789 through the end 
of the 110th Congress. See the alphabetical list which follows 
for names.

Major positions held by former members of the Committee on Ways and 
        Means

President of the United States:
          George H. W. Bush, Texas
          Millard Fillmore, New York
          James A. Garfield, Ohio
          Andrew Jackson, Tennessee
          James Madison, Virginia
          William McKinley, Jr., Ohio
          James K. Polk, Tennessee
          John Tyler, Virginia
Vice President of the United States:
          John C. Breckinridge, Kentucky
          George H. W. Bush, Texas
          Charles Curtis, Kansas
          Millard Fillmore, New York
          John N. Garner, Texas
          Elbridge Gerry, Massachusetts
          Richard M. Johnson, Kentucky
          John Tyler, Virginia
Justice of the Supreme Court:
          Philip P. Barbour, Virginia
          Joseph McKenna, California
          John McKinley, Alabama
          Fred M. Vinson, Kentucky (Chief Justice)
Speaker of the House of Representatives:
          Nathaniel P. Banks, Massachusetts
          Philip P. Barbour, Virginia
          James G. Blaine, Maine
          John G. Carlisle, Kentucky
          Langdon Cheves, South Carolina
          James B. (Champ) Clark, Missouri
          Howell Cobb, Georgia
          Charles F. Crisp, Georgia
          John N. Garner, Texas
          John W. Jones, Virginia
          Michael C. Kerr, Indiana
          Nicholas Longworth, Ohio
          John W. McCormack, Massachusetts
          James K. Polk, Tennessee
          Henry T. Rainey, Illinois
          Samuel J. Randall, Pennsylvania
          Thomas B. Reed, Maine
          Theodore Sedgwick, Massachusetts
          Andrew Stevenson, Virginia
          John W. Taylor, New York
          Robert C. Winthrop, Massachusetts
Cabinet Member:
          Secretary of State:
                  James G. Blaine, Maine
                  William J. Bryan, Nebraska
                  Cordell Hull, Tennessee\2\
---------------------------------------------------------------------------
    \2\Recipient of Nobel Peace Prize in 1945.
---------------------------------------------------------------------------
                  Louis McLean, Delaware
                  John Sherman, Ohio
          Secretary of the Treasury:
                  George W. Campbell, Tennessee
                  John G. Carlisle, Kentucky
                  Howell Cobb, Georgia
                  Thomas Corwin, Ohio
                  Charles Foster, Ohio
                  Albert Gallatin, Pennsylvania
                  Samuel D. Ingham, Pennsylvania
                  Louis McLean, Delaware
                  Ogden L. Mills, New York
                  John Sherman, Ohio
                  Philip F. Thomas, Maryland
                  Fred M. Vinson, Kentucky
          Attorney General:
                  James P. McGranery, Pennsylvania
                  Joseph McKenna, California
                  A. Mitchell Palmer, Pennsylvania
                  Caesar A. Rodney, Delaware
          Postmaster General:
                  Samuel D. Hubbard, Connecticut
                  Cave Johnson, Tennessee
                  Horace Maynard, Tennessee
                  William L. Wilson, West Virginia
          Secretary of the Navy:
                  Thomas W. Gilder, Virginia
                  Hilary A. Herbert, Alabama
                  Victor H. Metcalf, California
                  Claude A. Swanson, Virginia
          Secretary of the Interior:
                  Rogers C. B. Morton, Maryland
                  Jacob Thompson, Mississippi
          Secretary of Commerce and Labor:
                  Victor H. Metcalf, California
          Secretary of Commerce:
                  Rogers C. B. Morton, Maryland
          Secretary of Agriculture:
                  Clinton P. Anderson, New Mexico

APPENDIX III. STATISTICAL REVIEW OF THE ACTIVITIES OF THE COMMITTEE ON 
            WAYS AND MEANS (JANUARY 5, 2011-JANUARY 2, 2013)


      A. Number of Bills and Resolutions Referred to the Committee

    During the 112th Congress a total of 2,581 bills were 
referred to the Committee, representing 32.9 percent of all the 
public bills introduced in the House of Representatives.
    The following table gives a more complete statistical 
review since 1967.

        TABLE 1. NUMBER OF BILLS AND RESOLUTIONS REFERRED TO THE COMMITTEE, 90TH THROUGH 112TH CONGRESSES
----------------------------------------------------------------------------------------------------------------
                                                                     Referred to Committee
                                             Introduced in House       on Ways and Means          Percentage
----------------------------------------------------------------------------------------------------------------
90th Congress............................                   24,227                    3,806                 15.7
91st Congress............................                   23,575                    3,442                 14.6
92nd Congress............................                   20,458                    3,157                 15.4
93rd Congress............................                   21,096                    3,370                 16
94th Congress............................                   19,371                    3,747                 19.3
95th Congress............................                   17,800                    3,922                 22
96th Congress............................                   10,196                    2,337                 22.9
97th Congress............................                    9,909                    2,377                 26.4
98th Congress............................                    8,104                    1,904                 23.5
99th Congress............................                    7,522                    1,568                 20.8
100th Congress...........................                    7,043                    1,419                 22.1
101st Congress...........................                    7,640                    1,737                 22.7
102nd Congress...........................                    7,771                    1,972                 25.4
103rd Congress...........................                    6,645                    1,496                 22.5
104th Congress...........................                    5,329                    1,071                 20.1
105th Congress...........................                    5,976                    1,509                 25.2
106th Congress...........................                    6,942                    1,762                 25.3
107th Congress...........................                    7,029                    1,941                 27.6
108th Congress...........................                    6,953                    1,541                 22.2
109th Congress...........................                    8,152                    2,152                 26.4
110th Congress...........................                    9,319                    2,386                 25.6
111th Congress...........................                    8,780                    1,764                 20.1
112th Congress...........................                    7,842                    2,581                 32.9
----------------------------------------------------------------------------------------------------------------

                           B. Public Hearings

    During the 112th Congress, the Committee on Ways and Means 
along with its six Subcommittees held numerous public hearings. 
Many of these hearings dealt with broad subject matter 
including the President's fiscal year 2012 budget proposals, 
tax reform, health and Social Security issues, and Free Trade 
Agreements with Colombia, Panama and South Korea.
    As the statistics below indicate, during the 112th 
Congress, the full Committee and its six Subcommittees held 
public hearings aggregating a total of 112 days, during which 
time 543 witnesses testified. There was one field hearing.
    The following table specifies the statistical data on the 
number of days and witnesses on each of the subjects covered by 
public hearings in the full Committee during the 112th 
Congress.

  TABLE 2--PUBLIC HEARINGS CONDUCTED BY THE FULL COMMITTEE ON WAYS AND
                                  MEANS
------------------------------------------------------------------------
                                                      Number of--
               Subject and Date               --------------------------
                                                  Days       Witnesses
------------------------------------------------------------------------
2011:
    First in a Series of Hearings on Tax               1               5
     Reform, January 20......................
    Hearing on the Pending Trade Agreements            1               5
     with Colombia, Panama, and South Korea
     and the Creation of U.S. Jobs, January
     25......................................
    Hearing on the Health Care Law's Impact            1               4
     on Jobs, Employers, and the Economy,
     January 26..............................
    Hearing on President Obama's Trade Policy          1               1
     Agenda, February 9......................
    Hearing on the Health Care Law's Impact            1               2
     on the Medicare Program and its
     Beneficiaries, February 10..............
    Hearing on the President's Fiscal Year             1               1
     2012 Budget Proposal With Treasury
     Secretary Timothy Geithner, February 15.
    Hearing on the President's Fiscal Year             1               1
     2012 Budget Proposal with U.S.
     Department of Health and Human Services
     Secretary Kathleen Sebelius, February 16
    Hearing on the President's Fiscal Year             1               1
     2012 Budget Proposal with Office of
     Management and Budget Director Lew,
     February 16.............................
    Hearing on Impediments to Job Creation,            1               4
     March 30................................
    Hearing on How the Tax Code's Burdens on           1               4
     Individuals and Families Demonstrate the
     Need for Comprehensive Tax Reform, April
     13......................................
    Hearing on the Need for Comprehensive Tax          1               7
     Reform to Help American Companies
     Compete in the Global Market and Create
     Jobs for American Workers, May 12.......
    Hearing on How Other Countries Have Used           1               5
     Tax Reform to Help Their Companies
     Compete in the Global Market and Create
     Jobs, May 24............................
    Hearing on How Business Tax Reform can             1               6
     Encourage Job Creation, June 2..........
    Joint Hearing with Senate Finance on Tax           1               5
     Reform and the Tax Treatment of Debt and
     Equity, July 13.........................
    Hearing on Tax Reform and Consumption-             1               9
     Based Tax Systems, July 26..............
    Hearing on Economic Models Available to            1               4
     the Joint Committee on Taxation for
     Analyzing Tax Reform Proposals,
     September 21............................
    Hearing on the U.S.-China Economic                 1               2
     Relationship, October 25................
    Joint Tax Hearing on Treatment of                  1               4
     Financial Products, December 6..........
                                              --------------------------
        Total for 2011.......................         18              70
2012:
    Hearing on the Interaction of Tax and              1               5
     Financial Accounting on Tax Reform,
     February 8..............................
    Hearing on the President's Fiscal Year             1               1
     2013 Budget Proposal with U.S.
     Department of the Treasury Secretary
     Timothy F. Geithner, February 15........
    Hearing on the President's Fiscal Year             1               1
     2013 Budget Proposal with U.S.
     Department of Health and Human Services
     Secretary Kathleen Sebelius, February 28
    Hearing on President Obama's Trade Policy          1               5
     Agenda with U.S. Trade Representative
     Ron Kirk and Second Panel on the Future
     of U.S. Trade Negotiations, February 29.
    Hearing on the Treatment of Closely-Held           1               6
     Businesses in the Context of Tax Reform,
     March 7.................................
    Hearing on Tax Reform and Tax-Favored              1               5
     Retirement Accounts, April 17...........
    Hearing on Russia's Accession to the               1               6
     World Trade Organization and Granting
     Russia Permanent Normal Trade Relations
     June 20.................................
    Hearing on the Tax Ramifications of the            1               4
     Supreme Court's Ruling on the Democrats'
     Health Care Law, July 10................
    Hearing on Tax Reform and the U.S.                 1               7
     Manufacturing Sector, July 19...........
    Joint Hearing on Tax Reform and the Tax            1               5
     Treatment of Capital Gains, September 20
                                              --------------------------
        Total for 2012.......................         10              45
                                              --------------------------
        Total for 112th Congress.............         28             115
------------------------------------------------------------------------

    The six Subcommittees of the Committee on Ways and Means 
were also very active in conducting public hearings during the 
112th Congress. The following table specifies in detail the 
number of days and witnesses for each of the Subcommittees.

Table 3--PUBLIC HEARINGS CONDUCTED BY THE SUBCOMMITTEES OF THE COMMITTEE
           ON WAYS AND MEANS (January 5, 2011-JANUARY 2, 2013)
------------------------------------------------------------------------
                                                        Number of--
                Subject and Date                 -----------------------
                                                    Days      Witnesses
------------------------------------------------------------------------
        SUBCOMMMITTEE ON SOCIAL SECURITY
 
2011:
    Hearing on Managing Costs and Mitigating             1             3
     Delays in the Building of Social Security's
     New National Computer Center, February 11..
    Hearing on Role of Social Security Numbers           1             3
     in Identity Theft and Options to Guard
     Their Privacy, April 13 MEDPACs Annual
     March Report to Congress, April 3..........
    Hearing on the Social Security                       1             5
     Administration's Role in Verifying
     Employment Eligibility, April 14...........
    Hearing on Social Security's Payment                 1             5
     Accuracy, June 14..........................
    Hearing on Social Security's Finances, June          1             6
     23.........................................
    Hearing on Social Security's Finances, July          1             6
     8..........................................
    Hearing on the Role of Social Security               1             2
     Administrative Law Judges, July 11.........
    Hearing on Social Security Numbers and Child         1             5
     Identity Theft, September 1................
    Hearing on Work Incentives in Social                 1             6
     Security Disability Programs, September 23.
    First in a Hearing Series on Securing the            1             3
     Future of the Social Security Disability
     Insurance Program, December 2..............
                                                 -----------------------
        Total 2011..............................        10            44
2012:
    Second in a Hearing Series on Securing the           1             4
     Future of the Social Security Disability
     Insurance Program, January.................
    Hearing on Social Security's Death Records,          1             6
     February 2.................................
    Third in a Hearing Series on Securing the            1             6
     Future of the Social Security Disability
     Insurance Program, March 20................
    Hearing on Identity Theft and Tax Fraud, May         1             5
     8..........................................
    Hearing on The State of Social Security's            1             5
     Information Technology, May 9..............
    Hearing on the 2012 Annual Report of the             1             2
     Social Security Board of Trustees, June 21.
    Fourth in a Hearing Series on Securing the           1             5
     Future of the Social Security Disability
     Insurance Program June 27..................
    Hearing on Removing Social Security Numbers          1             2
     from Medicare Cards, August 1..............
    Hearing on the Direct Deposit of Social              1             4
     Security Benefits, September 12............
    Hearing Series on Securing the Future of the         1             6
     Social Security Disability Insurance
     Program, September 14......................
                                                 -----------------------
        Total 2012..............................        10            45
                                                 -----------------------
        Total for both sessions.................        20            89
 
              SUBCOMMITTEE ON TRADE
 
2011:
    First in a Series of Three Trade                     1             7
     Subcommittee Hearings on Pending, Job-
     Creating Trade Agreements: Columbia Trade
     Agreement March 17.........................
    Second in a Series of Three Hearings on the          1             6
     Pending, Job-Creating Trade Agreements:
     Panama Trade Agreement, March 30...........
    Third in a Series of Three Hearings on the           1             5
     Pending, Job-Creating trade Agreements:
     South Korea Trade Agreement, April 7.......
    Hearing on the U.S.-China Economic                   1             2
     Relationship, October 20...................
    Hearing on the Trans-Pacific Partnership,            1             4
     December 14................................
                                                 -----------------------
        Total for 2011..........................         5            24
2012:
    Hearing on Supporting Economic Growth and            1             8
     Job Creation through Customs Trade
     Modernization, Facilitation, and
     Enforcement, May 17........................
    Hearing on the Benefits of Expanding U.S.            1             6
     Services Trade Through an International
     Services Agreement September 20............
                                                 -----------------------
        Total for 2012..........................         2            14
                                                 -----------------------
        Total for both sessions.................         7            38
 
             SUBCOMMMITTEE ON HEALTH
 
2011:
    Hearing on MEDPACs Annual March Report to            1             1
     Congress, March 15.........................
    Joint Health and Oversight Subcommittee              1             3
     Hearing on AARP's Organizational Structure
     and Finances, April 1......................
    Hearing on Reforming Medicare Physician              1             4
     Payments, May 12...........................
    Hearing on the 2011 Medicare Trustees                1             2
     Report, June 22............................
    Hearing on Health Care Industry                      1             5
     Consolidation, September 9.................
    Hearing on Expiring Medicare Provider                1             5
     Payment Policies, September 21.............
                                                 -----------------------
        Total...................................         6            20
2012:
    Hearing on Programs that Reward Physicians           1             5
     Who Deliver High Quality and Efficient
     Care, February 7...........................
    Hearing on the Independent Payment Advisory          1             4
     Board, March 6.............................
    Hearing on the Individual and Employer               1             8
     Mandates in the Democrats' Health Care Law,
     March 29...................................
    Hearing on Medicare Premium Support                  1             4
     Proposals, April 27........................
    Hearing on the Medicare Durable Medical              1             6
     Equipment Competitive Bidding Program, May
     9..........................................
    Hearing on MedPAC's June Report to Congress          1             1
     June 19....................................
    Hearing on Physician Organization Efforts to         1             6
     Promote High Quality Care and Implications
     for Medicare Physician Payment Reform July
     24.........................................
    Hearing on Removing Social Security Numbers          1             2
     from Medicare Cards August 1...............
    Herger Announces Hearing on Implementation           1             5
     of Health Insurance Exchanges and Related
     Provisions September 12....................
    Hearing on Medicare Health Plans September           1             6
     21.........................................
                                                 -----------------------
        Total...................................        10            47
                                                 -----------------------
        Total for both sessions.................        16            67
 
            SUBCOMMITTEE ON OVERSIGHT
 
2011:
    Hearing on Improving Efforts to Combat               1             5
     Health Care Fraud, March 2.................
    Hearing on Internal Revenue Service                  1             1
     Operations and the 2011 Tax Return Filing
     Season, March 31...........................
    Joint Health and Oversight Subcommittee              1             3
     Hearing on AARP's Organizational Structure
     and Finances, April 1......................
    Hearing on the Transparency and Funding of           1             5
     State and Local Pensions, May 5............
    Hearing on Improper Payments in the                  1             4
     Administration of Refundable Tax Credits
     May 25.....................................
    Hearing on Social Security's Payment                 1             5
     Accuracy, June 14..........................
    Hearing on New IRS Paid Tax Rreturn Preparer         1             7
     Program, July 28...........................
    Hearing on Energy Tax Policy and Tax Reform,         1            12
     September 22...............................
    Hearing on Small Business Health Insurance           1             5
     Tax Credit, November 15....................
                                                 -----------------------
        Total for 2011..........................         9            47
2012:
    Hearing on Harbor Maintenance Funding and            1             6
     Maritime Tax Issues, February 1............
    Hearing on Internal Revenue Service                  1             1
     Operations and the 2012 Tax Return Filing
     Season, March 22...........................
    Hearing on the Impact of Limitations on the          1             5
     Use of Tax-Advantaged Accounts for the
     Purchase of Over-the-Counter Medication,
     April 25...................................
    Hearing on Identity Theft and Tax Fraud, May         1             5
     8..........................................
    Hearing on Tax Exempt Organizations, May 16.         1             5
    Hearing on Public Charity Organizational             1             5
     Issues, Unrelated Business Income Tax, and
     the Revised Form 990 July 25...............
    Hearing on the Internal Revenue Service's            1             5
     Implementation and Administration of the
     Democrats' Health Care Law September 11....
                                                 -----------------------
        Total for 2012..........................         7            32
                                                 -----------------------
        Total for both sessions.................        16            79
 
        SUBCOMMMITTEE ON HUMAN RESOURCES
 
2011:
    Hearing on Improving Efforts to Help                 1             4
     Unemployed Americans Find Jobs, Jobs,
     February 10................................
    Hearing on the Use of Data Matching to               1             5
     Improve Customer Service, Program
     Integrity, and Taxpayer Savings, March 11..
    Hearing on GAO Report on Duplication of              1             3
     Government Programs; Focus on Welfare and
     Related Programs, April 5..................
    Hearing on Improving Programs designed to            1             8
     Protect At-Risk Youth, June 16.............
    Hearing on Child Deaths Due to Maltreatment,         1             6
     July 12....................................
    Hearing on Improving Work and Other Welfare          1             5
     Reform Goals, September 8..................
    Hearing on Work Incentives in Social                 1             6
     Security Disability Programs, September 23.
    Hearing on Moving From Unemployment Checks           1             7
     to Paychecks: Assessing the President's
     Proposals to Help the Long-Term Unemployed,
     October 6..................................
    Hearing on Supplemental Security Income              1             5
     Benefits for Children, October 27..........
                                                 -----------------------
        Total for 2011..........................         9            49
2012:
    Hearing on No-Cost Improvements to Child             1             4
     Support Enforcement, March 20..............
    Hearing on the Use of Technology to Better           1             6
     Target Benefits and Eliminate Waste, Fraud,
     and Abuse, April 19........................
    Hearing on Moving from Unemployment Checks           1             6
     to Paychecks: Implementing Recent Reforms,
     April 25...................................
    Hearing on State TANF Spending and Its               1             5
     Impact on Work Requirements, May 17........
    Hearing on How Welfare and Tax Benefits Can          1             6
     Discourage Work June 27....................
    Hearing on the Use of Technology to Improve          1             5
     the Administration of SSI's Financial
     Eligibility Requirements July 25...........
    Hearing on Proposal to Reduce Child Deaths           1             4
     Due to Maltreatment December 12............
                                                 -----------------------
        Total for 2012..........................         7            36
                                                 -----------------------
        Total for both sessions.................        16            85
 
     SUBCOMMITTEE ON SELECT REVENUE MEASURES
 
2011:
    Select Revenue Measures Subcommittee Hearing         1             4
     on Small Businesses and Tax Reform March 3.
    Select Revenue Measures Subcommittee Hearing         1             1
     on the Tax-Related Provisions of H.R. 3.
     March 16...................................
    Hearing on Tax Reform and Foreign Investment         1             7
     in the United States, June 23..............
    Hearing on Energy Tax Policy and Tax Reform,         1            12
     September 22...............................
    Hearing on Ways and Means International Tax          1             5
     Reform Discussion Draft, November 17.......
                                                 -----------------------
        Total for 2011..........................         5            29
2012:
    Hearing on Harbor Maintenance Funding and            1             6
     Maritime Tax Issues, February 1............
    Hearing on Certain Expiring Tax Provisions,          1            25
     April 26...................................
    Hearing on Framework for Evaluating Certain          1             4
     Expiring Tax Provisions June 8.............
    Hearing on How Welfare and Tax Benefits Can          1             6
     Discourage Work June 27....................
                                                 -----------------------
        Total for 2012..........................         4            41
                                                 -----------------------
        Total for both sessions.................         9            70
------------------------------------------------------------------------

                           C. Markup Sessions

    With respect to markup or business sessions during the 
112th Congress, the full Committee and its six Subcommittees 
were also very actively engaged. The full Committee held such 
sessions on 18 working days.

D. Number and Final Status of Bills Reported From the Committee on Ways 
   and Means in the 112TH Congress (January 5, 2011-January 2, 2013)

    During the 112th Congress, the Committee reported to the 
House a total of 21 bills favorably. There were 56 bills 
containing provisions within the purview of the Committee that 
were passed by the House; 28 were enacted into law. This is not 
indicative of the total number of bills considered by the 
Committee.

APPENDIX IV. CHAIRMEN OF THE COMMITTEE ON WAYS AND MEANS AND MEMBERSHIP 
       OF THE COMMITTEE FROM THE 1ST THROUGH THE 112TH CONGRESSES


    A. Chairmen of the Committee on Ways and Means, 1789 to Present


----------------------------------------------------------------------------------------------------------------
                Name                           State                    Party               Term of service
----------------------------------------------------------------------------------------------------------------
Thomas Fitzsimons...................  Pennsylvania...........  Federalist............  1789.
William L. Smith....................  South Carolina.........  Federalist............  1794 to 1797.
Robert G. Harper....................  South Carolina.........  Federalist............  1797 to 1800.
Roger Griswold......................  Connecticut............  Federalist............  1800 to 1801.
John Randolph.......................  Virginia...............  Jeffersonian            1801 to 1805, 1827.
                                                                Republican.
Joseph Clay.........................  Pennsylvania...........  Jeffersonian            1805 to 1807.
                                                                Republican.
George W. Campbell..................  Tennessee..............  Jeffersonian            1807 to 1809.
                                                                Republican.
John W. Eppes.......................  Virginia...............  Jeffersonian            1809 to 1811.
                                                                Republican.
Ezekiel Bacon.......................  Massachusetts..........  Jeffersonian            1811 to 1812.
                                                                Republican.
Langdon Cheves......................  South Carolina.........  Jeffersonian            1812 to 1813.
                                                                Republican.
John W. Eppes.......................  Virginia...............  Jeffersonian            1813 to 1815.
                                                                Republican.
William Lowndes.....................  South Carolina.........  Jeffersonian            1815 to 1818.
                                                                Republican.
Samuel Smith........................  Maryland...............  Jeffersonian            1818 to 1822.
                                                                Republican.
Louis McLane........................  Delaware...............  Jeffersonian            1822 to 1827.
                                                                Republican.
George McDuffie.....................  South Carolina.........  Democrat..............  1827 to 1832.
Gulian C. Verplanck.................  New York...............  Democrat..............  1832 to 1833.
James K. Polk.......................  Tennessee..............  Democrat..............  1833 to 1835.
C. C. Cambreleng....................  New York...............  Democrat..............  1835 to 1839.
John W. Jones.......................  Virginia...............  Democrat..............  1839 to 1841.
Millard Fillmore....................  New York...............  Whig..................  1841 to 1843.
James Iver McKay....................  North Carolina.........  Democrat..............  1843 to 1847.
Samuel F. Vinton....................  Ohio...................  Whig..................  1847 to 1849.
Thomas H. Bayly.....................  Virginia...............  Democrat..............  1849 to 1851.
George S. Houston...................  Alabama................  Democrat..............  1851 to 1855.
Lewis D. Campbell...................  Ohio...................  Republican............  1855 to 1857.
J. Glancy Jones.....................  Pennsylvania...........  Democrat..............  1857 to 1858.
John S. Phelps......................  Missouri...............  Democrat..............  1858 to 1859.
John Sherman........................  Ohio...................  Republican............  1859 to 1861.
Thaddeus Stevens....................  Pennsylvania...........  Republican............  1861 to 1865.
Justin S. Morrill...................  Vermont................  Republican............  1865 to 1867.
Robert C. Schneck...................  Ohio...................  Republican............  1867 to 1871.
Samuel D. Hooper....................  Massachusetts..........  Republican............  1871.
Henry L. Dawes......................  Massachusetts..........  Republican............  1871 to 1875.
William R. Morrison.................  Illinois...............  Democrat..............  1875 to 1877.
Fernando Wood.......................  New York...............  Democrat..............  1877 to 1881.
John R. Tucker......................  Virginia...............  Democrat..............  1881.
William D. Kelley...................  Pennsylvania...........  Republican............  1881 to 1883.
William R. Morrison.................  Illinois...............  Democrat..............  1883 to 1887.
Roger Q. Mills......................  Texas..................  Democrat..............  1887 to 1889.
William McKinley, Jr................  Ohio...................  Republican............  1889 to 1891.
William M. Springer.................  Illinois...............  Democrat..............  1891 to 1893.
William L. Wilson...................  West Virginia..........  Democrat..............  1893 to 1895.
Nelson Dingley, Jr..................  Maine..................  Republican............  1895 to 1899.
Sereno E. Payne.....................  New York...............  Republican............  1899 to 1911.
Oscar W. Underwood..................  Alabama................  Democrat..............  1911 to 1915.
Claude Kitchin......................  North Carolina.........  Democrat..............  1915 to 1919.
Joseph W. Fordney...................  Michigan...............  Republican............  1919 to 1923.
William R. Green....................  Iowa...................  Republican............  1923 to 1928.
Willis C. Hawley....................  Oregon.................  Republican............  1929 to 1931.
James W. Collier....................  Mississippi............  Democrat..............  1931 to 1933.
Robert L. Doughton..................  North Carolina.........  Democrat..............  1933 to 1947, 1949 to
                                                                                        1953.
Harold Knutson......................  Minnesota..............  Republican............  1947 to 1949.
Daniel A. Reed......................  New York...............  Republican............  1953 to 1955.
Jere Cooper.........................  Tennessee..............  Democrat..............  1955 to 1957.
Wilbur D. Mills.....................  Arkansas...............  Democrat..............  1957 to 1975.
Al Ullman...........................  Oregon.................  Democrat..............  1975 to 1981.
Dan Rostenkowski....................  Illinois...............  Democrat..............  1981 to 1994.
Sam Gibbons, Acting Chairman........  Florida................  Democrat..............  1994 to 1995.
Bill Archer.........................  Texas..................  Republican............  1995 to 2001.
William W. Thomas...................  California.............  Republican............  2001 to 2007.
Charles B. Rangel...................  New York...............  Democrat..............  2007 to 2010.
Sander M. Levin, Acting Chairman....  Michigan...............  Democrat..............  2010 to 2011.
Dave Camp...........................  Michigan...............  Republican............  2011-
----------------------------------------------------------------------------------------------------------------

           B. Tables Showing Past Membership of the Committee


1. MEMBERS OF THE COMMITTEE ON WAYS AND MEANS FROM THE 1ST THROUGH THE 
                        112TH CONGRESS, BY STATE

[Beginning with the 104th Congress, Intra-Congress Committee Membership 
                         changes are footnoted]


------------------------------------------------------------------------
                     Member                            Congress(es)
------------------------------------------------------------------------
Alabama:
    John McKinley..............................                       23
    David Hubbard..............................                       26
    Dixon H. Lewis.............................                    27-28
    George S. Houston..........................             29-30, 32-33
    James F. Dowdell...........................                       35
    Hilary A Herbert...........................                       48
    Joseph Wheeler.............................                    53-55
    Oscar W. Underwood.........................                56, 59-63
    Ronnie G. Flippo...........................                   98-101
    Artur Davis................................                  110-111
Arizona:
    J.D. Hayworth..............................                  105-109
Arkansas:
    James K. Jones.............................                       48
    Clifton R. Breckinridge....................                49-51, 53
    William A. Oldfield........................                    64-70
    Heartsill Ragon............................                    70-73
    William J. Driver..........................                       72
    Claude A. Fuller...........................                    73-75
    Wilbur D. Mills............................                    77-94
    Jim Guy Tucker, Jr.........................                       94
    Beryl Anthony Jr...........................                       95
California:
    Joseph McKenna.............................                    51-52
    Victor H. Metcalf..........................                    57-58
    James C. Needham...........................                    58-62
    William H. Evans...........................                       73
    Frank H. Buck..............................                    74-77
    Bertrand W. Gearhart.......................                    76-80
    Cecil R. King..............................             78-79, 81-90
    James B. Utt...............................                83, 86-91
    James C. Corman............................                    90-96
    Jerry L. Pettis............................                    91-94
    William M. Ketchum.........................                    94-95
    Fortney Pete Stark.........................                      94-
    John H. Rousselot..........................                    95-97
    Robert T. Matsui...........................                \4\97-104
    William M. Thomas..........................                   98-109
    Wally Herger...............................                     103-
    Xavier Becerra.............................                     105-
    Mike Thompson..............................                     109-
    Devin Nunes................................                  \6\109-
Colorado:
    Robert W. Bonynge..........................                       60
    Charles B. Timberlake......................                    66-72
    John A. Carroll............................                       81
    Donald G. Brotzman.........................                    92-93
    George H. ``Hank'' Brown...................                  100-101
    Scott McInnis..............................                  106-108
    Bob Beauprez...............................                      109
Connecticut:
    Jeremiah Watson............................                        1
    Uriah Tracy................................                        3
    James Hillhouse............................                        4
    Nathaniel Smith............................                      4-5
    Joshua Coit................................                        5
    Roger Griswold.............................                      5-8
    John Davenport.............................                        8
    Jonathon O. Moseley........................                9, 14, 16
    Benjamin Tallmadge.........................                    10-11
    Timothy Pitkin.............................                12-13, 15
    Ralph I. Ingersoll.........................                    21-22
    Samuel D. Hubbard..........................                       30
    James Phelps...............................                    45-46
    Charles A. Russel..........................                    54-57
    Ebenezer J. Hill...........................             58-62, 64-65
    John Q. Tilson.............................                    66-68
    Antoni N. Sadlak...........................                    83-85
    William R. Cotter..........................                    94-97
    Barbara B. Kennelly........................                   98-105
    Nancy L. Johnson...........................                  101-109
    John B. Larson.............................                     109-
Delaware:
    John Vining................................                        1
    Henry Latimer..............................                        3
    John Patten................................                        4
    James A. Bayard, Sr........................                     5, 7
    Caesar A. Rodney...........................                        8
    Louis McLane...............................                    16-19
Florida:
    A. S. Herlong, Jr..........................                    84-90
    Sam M. Gibbons.............................                   91-104
    L. A. ``Skip'' Bafalis.....................                    94-97
    E. Clay Shaw, Jr...........................                  100-109
    Karen L. Thurman...........................                  105-107
    Mark Foley.................................               \8\104-109
    Kendrick Meek..............................                  110-111
    Ginny Brown-Waite..........................                      111
    Vern Buchanan..............................                     112-
Georgia:
    James Jackson..............................                        1
    Abraham Baldwin............................                      3-5
    Benjamin Taliaferro........................                        6
    John Milledge..............................                        7
    David Meriwether...........................                      8-9
    William W. Bibb............................                    12-13
    Joel Abbott................................                       15
    Joel Crawford..............................                    15-16
    Wiley Thompson.............................                    17-18
    George R. Gilmer...........................                       20
    Richard H. Wilde...........................                    22-23
    George W. Owens............................                    24-25
    Charles E. Haynes..........................                       25
    Mark A. Cooper.............................                       26
    Absalom H. Chappell........................                       28
    Seaborn Jones..............................                       29
    Robert Toombs..............................                    30-31
    Alexander H. Stephens......................                30-31, 33
    Marshall J. Wellborn.......................                       31
    Howell Cobb................................                       34
    Martin J. Crawford.........................                    35-36
    Benjamin H. Hill...........................                       44
    Henry R. Harris............................                   45, 49
    William H. Felton..........................                       46
    Emory Speer................................                       47
    James H. Blount............................                       48
    Henry G. Turner............................                    50-54
    Charles F. Crisp...........................                       54
    James M. Griggs............................                    60-61
    William G. Brantley........................                    61-62
    Charles R. Crisp...........................                    64-72
    Albert S. Camp.............................                    78-83
    Phillip M. Landrum.........................                    89-94
    Ed Jenkins.................................                   95-102
    Wyche Fowler Jr............................                    96-99
    John Lewis.................................                     103-
    Mac Collins................................                  104-108
    John Linder................................                  109-111
    Tom Price..................................                     112-
Hawaii:
    Cecil ``Cec'' Heftel.......................                    96-99
Illinois:
    Daniel P. Cook.............................                       19
    John A. McClernand.........................                       37
    John Wentworth.............................                       39
    John A. Logan..............................                       40
    Samuel S. Marshall.........................                       41
    Horatio C. Burchard........................                    42-45
    William R. Morrison........................                44, 46-49
    William M. Springer........................                       52
    Albert J. Hopkins..........................                    52-57
    Henry S. Boutell...........................                    58-61
    Henry T. Rainey............................             62-66, 68-72
    John A. Sterling...........................                       65
    Ira C. Copley..............................                    66-67
    Carl R. Chindblom..........................                    68-72
    Chester C. Thompson........................                    74-75
    Raymond S. McKeough........................                    76-77
    Charles S. Dewey...........................                       78
    Thomas J. O'Brien..........................                79, 81-88
    Noah M. Mason..............................                    80-87
    Harold C. Collier..........................                    88-93
    Dan Rostenkowski...........................                   88-103
    Abner J. Mikva.............................                    94-96
    Philip M. Crane............................                   94-108
    Marty Russo................................                   96-102
    Mel Reynolds...............................                      103
    Jerry Weller...............................                  105-110
    Rahm Emanuel...............................                  109-110
    Danny K. Davis.............................                      111
    Peter Roskam...............................                     111-
    Aaron Schock...............................                      112
Indiana:
    David Wallace..............................                       27
    Cyrus L. Dunham............................                       32
    William E. Niblack.........................                   40, 43
    Godlove S. Orth............................                       41
    Michael C. Kerr............................                       42
    Thomas M. Browne...........................                    48-50
    William D. Bynum...........................                   50, 53
    Benjamin F. Shively........................                       52
    George W. Steele...........................                    54-57
    James E. Watson............................                    58-60
    Edgar D. Crumpacker........................                    60-61
    Lincoln Dixon..............................                    62-65
    Harry C. Canfield..........................                    71-72
    John W. Boehne, Jr.........................                    73-77
    Robert A. Grant............................                       80
    Andy Jacobs, Jr............................                   94-104
    Chris Chocola..............................                      109
Iowa:
    John A. Kasson.............................            38, 43, 47-48
    William B. Allison.........................                    39-41
    John H. Gear...............................                   51, 53
    Jonathon P. Dolliver.......................                    54-56
    William R. Green...........................                    63-70
    C. William Ramseyer........................                    70-71
    Otha D. Wearin.............................                       75
    Lloyd Thurston.............................                       75
    Thomas E. Martin...........................                    80-83
    Fred Grandy................................                  102-103
    Jim Nussle.................................                  104-109
Kansas:
    Dudley C. Haskell..........................                       47
    Chester I. Long............................                    56-57
    Charles Curtis.............................                    58-59
    William A. Calderhead......................                    60-61
    Victor Murdock.............................                       63
    Guy T. Helvering...........................                    64-65
    Frank Carlson..............................                    76-79
    Martha E. Keys.............................                    94-95
    Lynn Jenkins...............................                      112
Kentucky:
    Alexander D. Orr...........................                        3
    Christopher Greenup........................                        4
    Thomas T. Davis............................                        5
    John Boyle.................................                        8
    Richard M. Johnson.........................                    11-12
    Thomas Montgomery..........................                       13
    David Trimble..............................                    15-16
    Nathan Gaither.............................                       22
    John Pope..................................                       25
    Thomas F. Marshall.........................                       27
    Garrett Davis..............................                       28
    Charles S. Morehead........................                    30-31
    John C. Breckinridge.......................                       33
    Robert Mallory.............................                       38
    James B. Beck..............................                    42-43
    Henry Watterson............................                       44
    John G. Carlisle...........................                46-47, 51
    Joseph C.S. Blackburn......................                       48
    William C.P. Breckinridge..................                    49-50
    Alexander B. Montgomery....................                    52-53
    Walter Evans...............................                    54-55
    Ollie M. James.............................                       62
    Augustus O. Stanley........................                       63
    Frederick M. Vinson........................                    72-75
    Noble J. Gregory...........................                    78-85
    John C. Watts..............................                    86-92
    Jim Bunning................................                  102-105
    Ron Lewis..................................                  106-110
    Geoff Davis................................              \14\110-112
Louisiana:
    Thomas B. Robertson........................                       14
    William L. Brent...........................                    19-20
    Walter H. Overton..........................                       21
    Lionel A. Sheldon..........................                       43
    Randall L. Gibson..........................                    45-46
    Charles J. Boatner.........................                       54
    Samuel F. Robertson........................                    55-59
    Robert F. Boussard.........................                       61
    Whitmell P. Martin.........................                    65-70
    Paul H. Mahoney............................                76, 78-79
    Thomas Hale Boggs, Sr......................                    81-91
    Joe D. Waggonner, Jr.......................                    92-95
    W. Henson Moore III........................                    96-99
    William J. Jefferson.......................          103, \7\105-109
    Jim McCrery................................                  103-110
    Jimmy Hayes................................                   \2\104
    Charles W. Boustany, Jr....................                     111-
Maine:
    Peleg Sprague..............................                    19-20
    Francis O.J. Smith.........................                       24
    George Evans...............................                       26
    Israel Washburn, Jr........................                       36
    James G. Blaine............................                       44
    William P. Frye............................                       46
    Thomas B. Reed.............................             48-50, 52-53
    Nelson Dingley, Jr.........................                51, 54-55
    Daniel J. McGillicuddy.....................                       64
Maryland:
    William Smith..............................                        1
    Gabriel Christie...........................                        3
    William Vans Murray........................                        4
    William Hindman............................                      4-5
    William Craik..............................                        5
    Joseph H. Nicholson........................                      6-9
    Nicholas R. Moore..........................                        8
    Roger Nelson...............................                        9
    John Montgomery............................                    10-11
    Alexander McKim............................                       13
    Stevenson Archer...........................                       13
    Samuel Smith...............................                    14-17
    Isaac McKim................................                18, 23-25
    Henry W. Davis.............................                    34-36
    Phillip F. Thomas..........................                       44
    David J. Lewis.............................                    72-75
    Rogers C.B. Morton.........................                    91-92
    Benjamin L. Cardin.........................                  101-109
Massachusetts:
    Elbridge Gerry.............................                        1
    Fisher Ames................................                        3
    Theodore Sedgwick..........................                        4
    Theophilus Bradbury........................                        4
    Harrison Gray Otis.........................                      5-6
    Samuel Sewall..............................                        5
    Isaac Parker...............................                        5
    Bailey Bartlett............................                        6
    Nathan Read................................                        7
    Seth Hastings..............................                        8
    Josiah Quincy..............................                        9
    Ezekial Bacon..............................                    11-12
    Ebenezer Seaver............................                       11
    Henry Shaw.................................                       16
    Henry W. Dwight............................                    19-21
    Benjamin Gorham............................                       23
    Abbott Lawrence............................                   24, 26
    Richard Fletcher...........................                       25
    George N. Briggs...........................                       25
    Leverett Saltonstall.......................                       26
    Robert C. Winthrop.........................                       29
    Charles Hudson.............................                       30
    George Ashmun..............................                       31
    William Appleton...........................                32-33, 37
    Alexander De Witt..........................                       34
    Nathaniel P. Banks.........................                   35, 45
    Samuel Hooper..............................                    37-41
    Henry L. Dawes.............................                    42-43
    Chester W. Chapin..........................                       44
    William A. Russell.........................                    47-48
    Moses T. Stevens...........................                    52-53
    Samuel W. McCall...........................                    56-62
    Andrew J. Peters...........................                    62-63
    Augustus P. Gardner........................                    63-65
    John T. Mitchell...........................                       63
    Allen T. Treadway..........................                    65-78
    Peter F. Tague.............................                    67-68
    John W. McCormack..........................                    72-76
    Arthur D. Healey...........................                       77
    Charles L Gifford..........................                    79-80
    Angier L. Goodwin..........................                80, 82-83
    James A. Burke.............................                    87-95
    James M. Shannon...........................                    96-98
    Brian J. Donnelly..........................                   99-102
    Richard E. Neal............................                     103-
Michigan:
    William A. Howard..........................                    34-36
    Austin Blair...............................                       41
    Henry Waldron..............................                       43
    Omar D. Conger.............................                       46
    Jay A. Hubbell.............................                       47
    William C. Maybury.........................                       49
    Julius C. Burrows..........................                    50-53
    Justin R. Whiting..........................                    52-53
    William A. Smith...........................                       59
    Joseph W. Fordney..........................                    60-67
    James C. McLaughlin........................                    68-72
    Roy O. Woodruff............................                    73-82
    John D. Dingell............................                    74-84
    Victor A. Knox.............................                83, 86-88
    Thaddeus M. Machrowicz.....................                    84-87
    Martha W. Griffiths........................                    87-93
    Charles E. Chamberlain.....................                    91-93
    Richard F. Vander Veen.....................                    93-94
    Guy Vander Jagt............................                   94-102
    William M. Brodhead........................                    95-97
    Sander M. Levin............................                     100-
    Dave Camp..................................                     103-
Minnesota:
    Mark A. Dunnell............................                    46-47
    James A. Tawney............................                    54-58
    James T. McCleary..........................                       59
    Winfield S. Hammond........................                    62-63
    Sydney Anderson............................                       63
    Harold Knutson.............................                    73-80
    Eugene J. McCarthy.........................                    84-85
    Joseph E. Karth............................                    92-94
    Bill Frenzel...............................                   94-101
    Jim Ramstad................................                  104-110
    Erik Paulsen...............................                      111
Mississippi:
    Jacob Thompson.............................                       31
    John Sharp Williams........................                    58-59
    James W. Collier...........................                    63-72
    Aaron Lane Ford............................                       77
Missouri:
    James S. Green.............................                       31
    John S. Phelps.............................                    32-37
    Henry T. Blow..............................                       38
    John Hogan.................................                       39
    Gustavus A. Finkelburg.....................                       42
    John C. Tarsney............................                    53-54
    Seth W. Cobb...............................                       54
    Champ Clark................................                    58-61
    Dorsey W. Shackleford......................                    62-63
    Clement C. Dickinson.......................      63-66, 68-70, 72-73
    Charles L. Faust...........................                    69-70
    Richard M. Duncan..........................                    74-77
    Thomas B. Curtis...........................                    83-90
    Frank M. Karsten...........................                    84-90
    Richard A. Gephardt........................                   95-101
    Mel Hancock................................                  103-104
    Kenny Hulshof..............................                  105-110
Montana:
    Lee W. Metcalf.............................                       86
    James F. Battin............................                    89-91
Nebraska:
    William J. Bryan...........................                    52-53
    Charles H. Sloan...........................                    63-65
    Ashton C. Shallenberger....................                       73
    Carl T. Curtis.............................                    79-83
    Hal Daub...................................                   99-100
    Peter Hoagland.............................                      103
    Jon Christensen............................                  104-105
    Adrian Smith...............................                     112-
Nevada:
    Francis G. Newlands........................                    56-57
    John Ensign................................                  104-105
    Jon Porter.................................                  109-110
    Shelley Berkley............................                     110-
    Dean Heller................................              \10\111-112
New Hampshire:
    Samuel Livermore...........................                        1
    Nicholas Gilman............................                      3-4
    Abiel Foster...............................                        5
    Nathaniel A. Haven.........................                       11
    Henry Hubbard..............................                       23
    Charles G. Atherton........................                    25-27
    Moses Norris, Jr...........................                    28-29
    Harry Hibbard..............................                    31-33
    Judd A. Gregg..............................                   99-100
New Jersey:
    Lambert Cadwalader.........................                        1
    Elias Boudinot.............................                        3
    Isaac Smith................................                        4
    Thomas Sinnickson..........................                        5
    James H. Imlay.............................                        6
    William Coxe, Jr...........................                       13
    John L. N. Stratton........................                       37
    William Hughes.............................                       62
    Isaac Bacharach............................                    66-74
    Donald H. McLean...........................                    76-78
    Robert W. Kean.............................                    78-85
    Henry Helstoski............................                       94
    Frank J. Guarini...........................                   96-102
    Dick Zimmer................................                      104
    Bill Pascrell..............................                     110-
New Mexico:
    Clinton P. Anderson........................                       79
New York:
    John Laurance..............................                        1
    John Watts.................................                        3
    Ezekial Gilbert............................                        4
    James Cochran..............................                        5
    Hezekiah L. Hosmer.........................                        5
    Jonas Platt................................                        6
    Killian K. Van Rensselaer..................                        7
    Joshua Sands...............................                        8
    Erastus Root...............................                       11
    John W. Taylor.............................                       13
    Jonathon Fisk..............................                       13
    Thomas J. Oakley...........................                       13
    James W. Wilkin............................                       14
    James Tallmadge, Jr........................                       15
    Albert H. Tracy............................                       16
    Nathaniel Pitcher..........................                       17
    Churchill C. Cambreleng....................             17-18, 23-25
    Dudley Marvin..............................                       19
    Gulian C. Verplanck........................                    20-22
    Aaron Vanderpoel...........................                       26
    Millard Filmore............................                       27
    Daniel D. Barnard..........................                       28
    David L. Seymour...........................                       28
    George O. Rathbun..........................                       28
    Orville Hungerford.........................                       29
    Henry Nicoll...............................                       30
    James Brooks...............................         31-32, 39-40, 42
    William Duer...............................                       31
    Solomon G. Haven...........................                       33
    Russell Sage...............................                       34
    John Kelly.................................                       35
    William B. MacLay..........................                       35
    Elbridge G. Spaulding......................                    36-37
    Erastus Corning............................                       37
    Reuben E. Fenton...........................                       38
    De Witt C. Littlejohn......................                       38
    Henry G. Stebbins..........................                       38
    John V. L. Pruyn...........................                       38
    Roscoe Conkling............................                       39
    Charles H. Winfield........................                       39
    John A. Griswold...........................                       40
    Dennis McCarthy............................                       41
    Ellis H. Roberts...........................                    42-43
    Fernando Wood..............................                    43-46
    Abram S. Hewitt............................                    48-49
    Frank Hiscock..............................                    48-49
    Sereno E. Payne............................                    51-63
    Roswell P. Flower..........................                       51
    William B. Cochran.........................             52-53, 58-60
    George B. McClellan........................                    55-58
    John W. Dwight.............................                       61
    Francis B. Harrison........................                    61-63
    Michael F. Conry...........................                       64
    George W. Fairchild........................                    64-65
    John F. Carew..............................                    65-71
    Luther W. Mott.............................                    66-67
    Alanson B. Houghton........................                       67
    Ogden L. Mills.............................                    67-69
    Frank Crowther.............................                    68-77
    Thaddeus C. Sweet..........................                       70
    Frederick M. Davenport.....................                    70-71
    Thomas H. Cullen...........................                    71-78
    Christopher D. Sullivan....................                    72-76
    Daniel A. Reed.............................                    73-86
    Walter A. Lynch............................                    78-81
    Eugene J. Keogh............................                    82-89
    Albert H. Bosch............................                       86
    Steven B. Derounin.........................                    87-88
    Barber B. Conable, Jr......................                    90-98
    Jacob H. Gilbert...........................                    90-91
    Hugh L. Carey..............................                    91-93
    Otis G. Pike...............................                    93-95
    Charles B. Rangel..........................                      94-
    Thomas J. Downey...........................                   96-102
    Raymond J. McGrath.........................                   99-102
    Michael R. McNulty.........................          103, \2\104-110
    Amo Houghton...............................                  103-108
    Thomas M. Reynolds.........................                  109-110
    Joseph Crowley.............................                     110-
    Brian Higgins..............................                      111
    Christopher Lee............................                  \11\112
    Tom Reed...................................                  \12\112
North Carolina:
    William B. Grove...........................                        3
    Thomas Blount..............................                      4-5
    Robert Williams............................                        5
    David Stone................................                        6
    James Holland..............................                        7
    Willis Alston..............................                10-11, 13
    William Gaston.............................                    13-14
    Abraham Rencher............................                   25, 27
    Henry W. Conner............................                       26
    James I. McKay.............................                    28-30
    Edward Stanly..............................                       32
    William M. Robbins.........................                       45
    Edward W. Pou..............................                    60-61
    Claude Kitchin.............................                    62-67
    Robert L. Doughton.........................                    69-82
    James G. Martin............................                    94-98
    Bob Etheridge..............................                      111
North Dakota:
    Martin N. Johnson..........................                    54-55
    George M. Young............................                    66-68
    Byron L. Dorgan............................                   98-102
    Earl Pomeroy...............................                  107-111
    Rick Berg..................................                      112
Ohio:
    William Creighton, Jr......................                       13
    Thomas R. Ross.............................                       16
    Thomas Corwin..............................                    23-24
    Thomas L. Hamer............................                       25
    Taylor Webster.............................                       25
    Samson Mason...............................                    26-27
    John B. Weller.............................                       28
    Samuel F. Vinton...........................                    29-31
    Lewis B. Campbell..........................                    34-35
    John Sherman...............................                       36
    Valentine B. Horton........................                       37
    George B. Pendleton........................                       38
    James A. Garfield..........................                39, 44-46
    Robert C. Schenck..........................                    40-41
    Charles Foster.............................                       43
    Milton Sayler..............................                       45
    William McKinley, Jr.......................             46-47, 49-51
    Frank H. Hurd..............................                       48
    Charles H. Grosvenor.......................                    53-59
    Nicholas Longworth.........................             60-62, 64-67
    Timothy T. Ansberry........................                    62-63
    Alfred G. Allen............................                       64
    George White...............................                       65
    Charles C. Kearns..........................                    68-71
    Charles F. West............................                       73
    Thomas A. Jenkins..........................                    73-85
    Arthur P. Lamneck..........................                    74-75
    Stephen M. Young...........................                       81
    Jackson E. Betts...........................                    86-92
    Donald D. Clancy...........................                    93-94
    Charles A. Vanik...........................                    89-96
    Bill Gradison..............................                   95-103
    Don J. Please..............................                   97-102
    Rob Portman................................               \5\104-109
    Stephanie Tubbs Jones......................               \9\108-110
    Pat Tiberi.................................                     110-
Oklahoma:
    Thomas A. Chandler.........................                       67
    James V. McClintic.........................                       73
    Wesley E. Disney...........................                    74-78
    James R. Jones.............................                    94-99
    Bill K. Brewster...........................                      103
    Wes Watkins................................                  105-107
Oregon:
    William R. Ellis...........................                       61
    Willis C. Hawkley..........................                    65-72
    Albert C. Ullman...........................                    87-96
    Mike Kopetski..............................                      103
    Earl Blumenauer............................                     110-
Pennsylvania:
    Thomas Fitzsimons..........................                     1, 3
    Albert Gallatin............................                      4-6
    Henry Woods................................                        6
    John Smilie................................               6-7, 10-12
    Joseph Clay................................                      8-9
    John Rea...................................                       11
    Jonathon Roberts...........................                    12-13
    Samuel D. Ingham...........................                13-14, 18
    John Sergeant..............................                   15, 25
    John Tod...................................                       17
    John Gilmore...............................                    21-22
    Horace Binney..............................                       23
    Richard Biddle.............................                       26
    Joseph R. Insersoll........................                24, 27-29
    James Pollock..............................                       30
    Moses Hampton..............................                       31
    J. Glancy Jones............................                   32, 35
    John Robbins...............................                       33
    James H. Campbell..........................                       34
    Henry M. Phillips..........................                       35
    Thaddeus Stevens...........................                    36-38
    James K. Moorehead.........................                    39-40
    William D. Kelley..........................                    41-50
    Russell Errett.............................                       47
    Samuel J. Randall..........................                       47
    William L. Scott...........................                       50
    Thomas M. Bayne............................                       51
    John Dalzell...............................                    52-62
    John J. Casey..............................                   64, 68
    Henry W. Watson............................                    66-73
    Harris J. Bixler...........................                       69
    Harry A. Estep.............................                    70-72
    Thomas C. Cochran..........................                       73
    Joshua T. Brooks...........................                       74
    Patrick J. Bolland.........................                    76-77
    Benjamin Jarrett...........................                    76-77
    James P. McGranery.........................                    77-78
    Herman P. Eberharter.......................                    78-85
    Richard M. Simpson.........................                    78-86
    William J. Green, Jr.......................                    86-88
    John A. Lafore, Jr.........................                       86
    Walter M. Mumma............................                    86-87
    George M. Rhodes...........................                    88-90
    Herman T. Schneebeli.......................                    87-94
    William J. Green, III......................                    90-94
    Raymond F. Lederer.........................                    95-96
    Dick Schulze...............................                   95-102
    Donald A. Bailey...........................                       97
    William J. Coyne...........................                   99-107
    Rick Santorum..............................                      103
    Philip S. English..........................                  104-110
    Melissa A. Hart............................                      109
    Alyson V. Schwartz.........................                     109-
    Jim Gerlach................................                  110-111
Rhode Island:
    Benjamin Bourne............................                      3-4
    Francis Malbone............................                        4
    Elisha R. Potter...........................                        4
    Christopher G. Champlin....................                        5
    John Brown.................................                        6
    Joseph Stanton, Jr.........................                        8
    Daniel L. D. Granger.......................                    59-60
    George F. O'Shaunessy......................                       65
    Richard S. Aldrich.........................                    69-72
    Aime J. Forand.............................                    78-86
South Carolina:
    William L. Smith...........................                      3-5
    Robert Goodloe Harper......................                      5-6
    Abraham Nott...............................                        6
    David R. Williams..........................                        9
    Langdon Cheves.............................                       12
    Theodore Gourdin...........................                       13
    William Lowndes............................                    13-15
    John Taylor................................                       14
    Thomas R. Mitchell.........................                       17
    George McDuffie............................                    18-22
    R. Barnwell Rhett..........................                    25-26
    Francis W. Pickens.........................                       27
    John L. McLaurin...........................                    54-55
    Ken Holland................................                    95-97
    Carroll A. Campbell, Jr....................                    98-99
Tennessee:
    Andrew Jackson.............................                        4
    William C.C. Claibrone.....................                        5
    William Dickson............................                     7, 9
    George W. Campbell.........................                       10
    Bennett H. Henderson.......................                       14
    Francis Jones..............................                    16-17
    James K. Polk..............................                    22-23
    Cave Johnson...............................                       24
    George W. Jones............................                    31-34
    Horace Maynard.............................                37, 40-42
    Benton McMillan............................                    49-55
    James D. Richardson........................                    55-57
    Cordell Hull...............................             62-66, 68-71
    Edward E. Eslick...........................                       72
    Jere Cooper................................                    72-85
    Howard H. Baker............................                    83-88
    James B. Frazier, Jr.......................                    85-87
    Ross Bass..................................                       88
    Richard H. Fulton..........................                    89-94
    John J. Duncan.............................                   92-100
    Harold E. Ford.............................                   94-104
    Don Sundquist..............................                  101-103
    John S. Tanner.............................                  105-111
    Diane Black................................                      112
Texas:
    John Hancock...............................                       44
    Roger Q. Mills.............................                46, 48-51
    Joseph W. Bailey...........................                       55
    Samuel B. Cooper...........................                    56-58
    Choice B. Randell..........................                    60-62
    John N. Gardner............................                    63-71
    Morgan G. Sanders..........................                    72-75
    Milton H. West.............................                    76-80
    Jesse M. Combs.............................                    81-82
    Frank N. Ikard.............................                    84-87
    Bruce Alger................................                    86-88
    Clark W. Thompson..........................                    87-89
    George H. W. Bush..........................                    90-91
    Omar T. Burleson...........................                    90-95
    Bill Archer................................                   93-106
    J.J. Pickle................................                   94-103
    Kent R. Hance..............................                    97-98
    Michael A. Andrews.........................                   99-103
    Sam Johnson................................                     104-
    Greg Laughlin..............................                   \3\104
    Lloyd Doggett..............................                     104-
    Kevin Brady................................                     107-
    Max Sandlin................................                      108
    Kenny Marchant.............................                  \13\112
Utah:
    Walter K. Granger..........................                       82
Vermont:
    Daniel Buck................................                        4
    Israel Smith...............................                   3-4, 7
    Lewis R. Morris............................                        5
    James Fisk.................................                   10, 12
    Horace Everett.............................                       25
    Justin S. Morrill..........................                    35-39
Virginia:
    James Madison..............................                   1, 3-4
    William B. Giles...........................                        5
    Richard Brent..............................                        5
    Walter Jones...............................                        5
    Leven Powell...............................                        6
    John Nicholas..............................                        6
    John Randolph..............................                  7-9, 20
    James M. Garnett...........................                        9
    John W. Eppes..............................                10-11, 13
    William A. Burwell.........................                12, 14-16
    James Pleasants............................                    12-13
    John Tyler.................................                       16
    Andrew Stevenson...........................                    17-19
    Alexander Smyth............................                    20-21
    Philip P. Barbour..........................                       21
    Mark Alexander.............................                    21-22
    George Loyall..............................                    23-24
    John W. Jones..............................                    25-27
    John M. Botts..............................                       27
    Thomas W. Gilmore..........................                       27
    Thomas H. Bayly............................                   28, 31
    George C. Dromgoole........................                    28-29
    James McDowell.............................                       30
    John Letcher...............................                    34-35
    John S. Millson............................                       36
    John R. Tucker.............................                    44-47
    Claude A. Swanson..........................                    55-58
    A. Willis Robertson........................                    75-79
    Burr P. Harrison...........................                82, 84-87
    W. Pat Jennings............................                    88-89
    Joel T. Broyhill...........................                    88-93
    Joseph L. Fisher...........................                    94-96
    L.F. Payne.................................                  103-104
    Eric Cantor................................                  108-111
Washington:
    Francis W. Cushman.........................                       61
    Lindley H. Hadley..........................                    66-72
    Samuel B. Hill.............................                    71-74
    Knute Hill.................................                       77
    Otis H. Holmes.............................                    80-85
    Rodney D. Chandler.........................                  100-102
    Jim McDermott..............................                     102-
    Jennifer Dunn..............................                  104-108
    Dave Reichert..............................                     110-
West Virginia:
    William L. Wilson..........................                50, 52-53
    Joseph H. Gaines...........................                    60-61
    George M. Bowers...........................                    66-67
    Hubert S. Ellis............................                       80
Wisconsin:
    Charles Billinghurst.......................                       34
    Robert M. La Follette......................                       51
    Joseph W. Babcock..........................                    57-59
    James A. Frear.............................                    66-68
    Thaddeus F. B. Wasielewski.................                    78-79
    John W. Byrnes.............................                    80-92
    William A. Steiger.........................                    94-95
    Jim Moody..................................                  100-102
    Gerald D. Kleczka..........................                  103-108
    Paul Ryan..................................                     107-
    Ron Kind...................................                     110-
------------------------------------------------------------------------
\1\Appointed January 25, 1996.
\2\Appointed January 25, 1996.
\3\Appointed July 10, 1995.
\4\Reelected to the 109th Congress; died January 1, 2005.
\5\Resigned April 29, 2005.
\6\Appointed May 5, 2005.
\7\Pursuant to H.Res. 872, removed June 16, 2006.
\8\Resigned September 29, 2006.
\9\Died, August 20, 2008.
\10\Appointed to Senate April 27, 2011
\11\Resigned February 9, 2011
\12\Appointed June 13, 2011.
\13\Appointed March 15, 2011
\14\Resigned July 31, 2012.

                2. COMMITTEE MEMBERSHIP, 112TH CONGRESS

                      COMMITTEE ON WAYS AND MEANS


                      One Hundred Twelfth Congress


                     DAVE CAMP, Michigan, Chairman

WALLY HERGER, California             SANDER M. LEVIN, Michigan
SAM JOHNSON, Texas                   CHARLES B. RANGEL, New York
KEVIN BRADY, Texas                   FORTNEY PETE STARK, California
PAUL RYAN, Wisconsin                 JIM McDERMOTT, Washington
DEVIN NUNES, California              JOHN LEWIS, Georgia
PAT TIBERI, Ohio                     RICHARD NEAL, Massachusetts
GEOFF DAVIS, Kentucky\1\             XAVIER BECERRA, California
DAVE REICHERT, Washington            LLOYD DOGGETT, Texas
CHARLES BOUSTANY, Louisiana          MIKE THOMPSON, California
DEAN HELLER, Nevada\2\               JOHN B. LARSON, Connecticut
PETER ROSKAM, Illinois               EARL BLUMENAUER, Oregon
JIM GERLACH, Pennsylvania            RON KIND, Wisconsin
TOM PRICE, Georgia                   BILL PASCRELL, New Jersey
VERN BUCHANAN, Florida               SHELLEY BERKLEY, Nevada
ADRIAN SMITH, Nebraska               JOSEPH CROWLEY, New York
AARON SCHOCK, Illinois
CHRISTOPHER LEE, New York\3\
LYNN JENKINS, Kansas
ERIK PAULSEN, Minnesota
KENNY MARCHANT, Texas\4\
RICK BERG, North Dakota
DIANE BLACK, Tennessee
TOM REED, New York\5\
                               __________
\1\Resigned July 31, 2012.
\2\Resigned May 9, 2011.
\3\Resigned February 9, 2011.
\4\Appointed March 15, 2011, and seniority pursuant to H. Res. 168.
\5\Appointed June 13, 2011.

                                  
