[House Report 113-319]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-319
_______________________________________________________________________
Union Calendar No. 237
REPORT ON THE LEGISLATIVE AND OVERSIGHT ACTIVITIES
of the
COMMITTEE ON WAYS AND MEANS
during the
113TH CONGRESS
January 2, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
COMMITTEE ON WAYS AND MEANS
One Hundred Thirteenth Congress
DAVE CAMP, Michigan, Chairman
SAM JOHNSON, Texas SANDER M. LEVIN, Michigan
KEVIN BRADY, Texas CHARLES B. RANGEL, New York
PAUL RYAN, Wisconsin JIM McDERMOTT, Washington
DEVIN NUNES, California JOHN LEWIS, Georgia
PATRICK J. TIBERI, Ohio RICHARD E. NEAL, Massachusetts
DAVE G. REICHERT, Washington XAVIER BECERRA, California
CHARLES BOUSTANY, Louisiana LLOYD DOGGETT, Texas
PETER J. 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, Jr., New Jersey
AARON SCHOCK, Illinois JOSEPH CROWLEY, New York
LYNN JENKINS, Kansas ALLYSON SCHWARTZ, Pennsylvania
ERIK PAULSEN, Minnesota DANNY K. DAVIS, Illinois
KENNY MARCHANT, Texas LINDA SANCHEZ, California
DIANE BLACK, Tennessee
TOM REED, New York
TODD YOUNG, Indiana
MIKE KELLY, Pennsylvania
TIM GRIFFIN, Arkansas
JIM RENACCI, Ohio
LETTER OF TRANSMITTAL
----------
U.S. House of Representatives,
Committee on Ways and Means,
Washington, DC, January 2, 2014.
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 First Session of the 113th 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.................... 8
C. Legislative Review of Health Issues................... 14
D. Legislative Review of Human Resources Issues.......... 17
E. Legislative Review of Social Security Issues.......... 22
F. Legislative Review of Debt Issues..................... 23
G. Legislative Review of Multi-Jurisdictional Issues..... 24
II. Oversight Activity Review........................................27
A. Oversight Agenda...................................... 27
B. Actions Taken and Recommendations Made With Respect to
Oversight Plan......................................... 33
C. Oversight Letters Issued by the Committee on Ways and
Means.................................................. 55
D. Subpoenas Issued by the Committee on Ways and Means... 64
Appendix I. Jurisdiction of the Committee on Ways and Means...... 65
Appendix II. Historical Note..................................... 86
Appendix III. Statistical Review of the Activities of the
Committee on Ways and Means.................................... 92
Appendix IV. Chairmen of the Committee on Ways and Means and
Membership of the Committee from the 1st through the 113th
Congresses..................................................... 95
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 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 January 2 of each year, a committee
shall submit to the House a 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 in each
Congress, a summary of the oversight plans submitted by
the committee under clause 2(d) of rule X; 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 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 113th 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.
To carry out its work during the 113th Congress, the
Committee on Ways and Means has 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 of the Committee on
Ways and Means in the 113th Congress is as follows:
Subcommittee on Trade
DEVIN NUNES, California, Chairman
CHARLES B. RANGEL, New York KEVIN BRADY, Texas
RICHARD E. NEAL, Massachusetts DAVID G. REICHERT, Washington
JOHN B. LARSON, Connecticut VERN BUCHANAN, Florida
EARL BLUMENAUER, Oregon ADRIAN SMITH, Nebraska
RON KIND, Wisconsin AARON SCHOCK, Illinois
LYNN JENKINS, Kansas
CHARLES BOUSTANY, Jr., Louisiana
PETER J. ROSKAM, Illinois
Subcommittee on Social Security
SAM JOHNSON, Texas, Chairman
XAVIER BECERRA, California PATRICK TIBERI, Ohio
LLOYD DOGGETT, Texas TIM GRIFFIN, Arkansas
MIKE THOMPSON, California JIM RENACCI, Ohio
ALLYSON SCHWARTZ, Pennsylvania AARON SCHOCK, Illinois
MIKE KELLY, Pennsylvania
KEVIN BRADY, Texas
Subcommittee on Oversight
CHARLES BOUSTANY, Jr., Louisiana,
Chairman
JOHN LEWIS, Georgia DIANE BLACK, Tennessee
JOSEPH CROWLEY, New York LYNN JENKINS, Kansas
DANNY K. DAVIS, Illinois KENNY MARCHANT, Texas
LINDA SANCHEZ, California TOM REED, New York
ERIK PAULSEN, Minnesota
MIKE KELLY, Pennsylvania
Subcommittee on Health
KEVIN BRADY, Texas, Chairman
JIM McDERMOTT, Washington SAM JOHNSON, Texas
MIKE THOMPSON, California PAUL RYAN, Wisconsin
RON KIND, Wisconsin DEVIN NUNES, California
EARL BLUMENAUER, Oregon PETER J. ROSKAM, Illinois
BILL PASCRELL, Jr., New Jersey JIM GERLACH, Pennsylvania
TOM PRICE, Georgia
VERN BUCHANAN, Florida
ADRIAN SMITH, Nebraska
Subcommittee on Human Resources
DAVID G. REICHERT, Washington,
Chairman
LLOYD DOGGETT, Texas TODD YOUNG, Indiana
JOHN LEWIS, Georgia MIKE KELLY, Pennsylvania
JOSEPH CROWLEY, New York TIM GRIFFIN, Arkansas
DANNY K. DAVIS, Illinois JIM RENACCI, Ohio
TOM REED, New York
CHARLES BOUSTANY, Jr., Louisiana
Subcommittee on Select Revenue Measures
PATRICK J. TIBERI, Ohio, Chairman
RICHARD E. NEAL, Massachusetts ERIK PAULSEN, Minnesota
JOHN B. LARSON, Connecticut KENNY MARCHANT, Texas
ALLYSON SCHWARTZ, Pennsylvania JIM GERLACH, Pennsylvania
LINDA SANCHEZ, California AARON SCHOCK, Illinois
TOM REED, New York
TODD YOUNG, Indiana
The Committee on Ways and Means submits its report on its
legislative and oversight activities for the 113th 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 Human Resources Issues;
Debt; 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, 2013, 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.
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-113th Congresses.
Union Calendar No. 237
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-319
======================================================================
REPORT ON THE LEGISLATIVE AND OVERSIGHT ACTIVITIES OF THE COMMITTEE ON
WAYS AND MEANS DURING THE ONE HUNDRED THIRTEENTH CONGRESS
_______
January 2, 2014.--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 113TH CONGRESS
a. Amending the Internal Revenue Code of 1986 to Include Vaccines
Against Seasonal Influenza Within the Definition of Taxable
Vaccines (P.L. 113-15)
On February 4, 2013, Representative Jim Gerlach introduced
H.R. 475, a bill to amend the Internal Revenue Code of 1986 to
include vaccines against seasonal influenza within the
definition of taxable vaccines. On June 18, 2013, the House
passed the bill under suspension of the rules by voice vote. On
June 19, 2013, the Senate passed the bill without amendment by
voice vote. On June 25, 2013, the President signed the bill
into law.
H.R. 475 modified the excise tax that funds the National
Vaccine Injury Compensation Program to cover any FDA-approved
and CDC-recommended vaccine against seasonal influenza. Under
prior law, with respect to flu vaccines, the excise tax applied
only to any trivalent (i.e., three-strain) vaccine against
influenza.
b. Renaming Section 219(c) of the Internal Revenue Code of 1986 as the
Kay Bailey Hutchison Spousal IRA (P.L. 113-22)
On June 6, 2013, Representative Sam Johnson and seven
cosponsors introduced H.R. 2289, a bill to rename section
219(c) of the Internal Revenue Code of 1986 as the Kay Bailey
Hutchison Spousal IRA. On June 25, 2013, the House passed the
bill under suspension of the rules by voice vote. On July 11,
2013, the Senate passed the bill without amendment by unanimous
consent. On July 25, 2013, the President signed the bill into
law.
H.R. 2289 renamed a provision of the Internal Revenue Code
(IRC section 219(c))--which provides a special rule for spousal
individual retirement arrangements (IRAs)--as the ``Kay Bailey
Hutchison Spousal IRA.''
c. The ``Fallen Firefighters Assistance Tax Clarification Act of 2013''
(P.L. 113-63)
On November 12, 2013, Representative Louise Slaughter
introduced H.R. 3458, a bill to allow public charities to make
payments to firefighters who were injured, or the families of
firefighters who were killed, as a result of an ambush that
occurred in Webster, New York on December 24, 2012. On December
12, 2013, the House considered the bill under unanimous consent
and passed it without objection. On December 13, 2013, the
Senate passed the bill without amendment pursuant to a
unanimous consent agreement. On December 20, 2013, the
President signed the bill into law.
H.R. 3458 deemed any payments from a public charity,
regardless of its exempt purpose, to any firefighter injured as
a result of that ambush, or to the spouse or any dependent of
any firefighter who died as a result of that ambush, as
consistent with that organization's basis for tax-exempt status
as long as such payments are made in good faith using a
reasonable and objective formula that is consistently applied.
The tax rules modified by this legislation generally prohibit a
tax-exempt organization from distributing funds in a way that
does not further that organization's exempt purpose.
2. TAX RELIEF AND OTHER PROPOSALS DURING THE 113TH CONGRESS
a. H.R. 45, Repealing the Patient Protection and Affordable Care Act
and Health Care-related Provisions in the Health Care and
Education Reconciliation Act of 2010
On January 3, 2013, Representative Michele Bachmann
introduced H.R. 45, a bill to repeal the Patient Protection and
Affordable Care Act and health care-related provisions in the
Health Care and Education Reconciliation Act of 2010. On May
16, 2013, the House passed the bill, as amended, under a rule
by a vote of 229-195. As of December 20, 2013, the Senate had
not yet taken up the legislation.
As passed by the House, H.R. 45 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. H.R. 2009, The ``Keep the IRS Off Your Health Care Act of 2013''
On May 16, 2013, Representative Tom Price and 30 cosponsors
introduced H.R. 2009, a bill to prohibit the Department of the
Treasury from implementing or enforcing the Patient Protection
and Affordable Care Act or the Health Care and Education
Reconciliation Act of 2010. On August 2, 2013, the House passed
the bill under a rule by a vote of 232-185. As of December 20,
2013, the Senate had not yet taken up the legislation.
As passed by the House, H.R. 2009 would prohibit the
Secretary of the Treasury, or any delegate of the Secretary,
from implementing or enforcing any provisions of or amendments
made by the Patient Protection and Affordable Care Act (P.L.
111-148) or the Health Care and Education Reconciliation Act of
2010 (P.L. 111-152).
c. H.R. 2019, The ``Gabriella Miller Kids First Research Act.''
On May 16, 2013, Representative Gregg Harper and 15
cosponsors introduced H.R. 2019, a bill to eliminate taxpayer
financing of presidential campaigns and party conventions (the
rules for which are contained in the Internal Revenue Code) and
reprogram savings to provide for a 10-year pediatric research
initiative through the Common Fund administered by the National
Institutes of Health (NIH). On December 11, 2013, the House
passed the bill, as amended, under suspension of the rules by a
vote of 295-103. As of December 20, 2013, the Senate had not
yet taken up the legislation.
As amended and passed by the House, H.R. 2019, renamed the
``Gabriella Miller Kids First Research Act,'' would authorize a
ten-year, $126 million pediatric research initiative through
NIH, funded by eliminating funding from the Presidential
Election Campaign Fund to the presidential nominating
conventions. The taxpayer check-off and other related internal
Revenue Code provisions would remain in force under the House-
passed bill.
d. H.R. 2565, The ``STOP IRS Act''
On June 27, 2013, Representative Jim Renacci--along with 30
cosponsors--introduced H.R. 2565, a bill to amend the Internal
Revenue Service Restructuring and Reform Act of 1998 (P.L. 105-
206) to expand the list of violations for which an Internal
Revenue Service (IRS) employee may be immediately terminated
with appeal only to the IRS Commissioner. On July 31, 2013, the
House passed the bill under suspension of the rules by voice
vote. As of December 20, 2013, the Senate had not yet taken up
the legislation.
As passed by the House, H.R. 2565 would expand the list of
violations for which an IRS employee may be immediately
terminated to include performing, delaying, or failing to
perform (or threatening to perform, delay, or fail to perform)
any official action (including any audit) with respect to a
taxpayer for purpose of extracting personal gain or benefit or
for a political purpose.
e. H.R. 2667, The ``Authority for Mandate Delay Act''
On July 11, 2013, Representative Tim Griffin--along with
Chairman Camp and 22 other cosponsors--introduced H.R. 2667, a
bill to delay until 2015 the application of the employer
mandate and related reporting requirements enacted as part of
the Patient Protection and Affordable Care Act of 2010. On July
2, 2013, the Department of the Treasury had announced that the
employer mandate and the related reporting requirements would
not be enforced until 2015. On July 17, 2013, the House passed
the bill under a rule by a vote of 264-161. Pursuant to the
rule (H. Res. 300), in the engrossment of H.R. 2668, the text
of H.R. 2667 was added to the end of H.R. 2668, and H.R. 2667
was laid on the table. For further information on H.R. 2668,
see section 2g.
As passed by the House, H.R. 2667 would effectively codify
the Administration's July 2, 2013, announcement delaying until
2015 the enforcement of the employer mandate and related
reporting requirements enacted under the Patient Protection and
Affordable Care Act of 2010 (P.L. 111-148).
f. H.R. 2668, The ``Fairness for American Families Act''
On July 11, 2013, Representative Todd Young--along with
Chairman Camp and 22 other cosponsors--introduced H.R. 2668, a
bill to delay until 2015 the application of the individual
mandate enacted as part of the Patient Protection and
Affordable Care Act of 2010. On July 17, 2013, the House passed
the bill, as amended, under a rule by a vote of 251-174. As of
December 20, 2013, the Senate had not yet taken up the
legislation.
As passed by the House, H.R. 2668 would delay until 2015
the application of the individual mandate enacted as part of
the Patient Protection and Affordable Care Act of 2010 (P.L.
111-148), which generally requires an individual to maintain
minimum essential health insurance coverage or pay a tax.
Pursuant to the rule (H. Res. 300), in the engrossment of H.R.
2668, the text of H.R. 2667 was added to the end of H.R. 2668,
and H.R. 2667 was laid on the table. Thus, as passed by the
House, H.R. 2668 would also effectively codify the
Administration's July 2, 2013, announcement delaying until 2015
the enforcement of the employer mandate and related reporting
requirements enacted under the Patient Protection and
Affordable Care Act of 2010. For further information on H.R.
2667, see section 2f.
g. H.R. 2768, The ``Taxpayer Bill of Rights Act of 2013''
On July 22, 2013, Representative Peter Roskam introduced
H.R. 2768, a bill to require the Commissioner of the Internal
Revenue Service (IRS) to ensure that IRS employees are familiar
with and act in accordance with certain taxpayer rights. On
July 31, 2013, the House passed the bill, as amended, under
suspension of the rules by voice vote. As of December 20, 2013,
the Senate had not yet taken up the legislation.
As passed by the House, H.R. 2768 would require the IRS
Commissioner to ensure that IRS employees are familiar with and
act in accordance with certain taxpayer rights, including the
right to be informed, to be assisted, to be heard, to pay no
more than the correct amount of tax, to an appeal, to
certainty, to privacy, to confidentiality, to representation,
and to a fair and just tax system.
h. H.R. 2769, The ``Stop Playing on Citizens' Cash (SPOCC) Act''
On July 22, 2013, Representative Peter Roskam introduced
H.R. 2769, a bill to prohibit the Internal Revenue Service
(IRS) from holding any conference until the Department of the
Treasury's Inspector General for Tax Administration (TIGTA)
submits to Congress a report certifying that the IRS has
implemented certain TIGTA recommendations. On July 31, 2013,
the House passed the bill, as amended, under suspension of the
rules by voice vote. As of December 20, 2013, the Senate had
not yet taken up the legislation.
As passed by the House, H.R. 2769 would prohibit the IRS
from holding any conference until TIGTA submits to Congress a
report certifying that the IRS has implemented all
recommendations set forth in TIGTA's report titled ``Review of
the August 2010 Small Business/Self-Employed Division's
Conference in Anaheim, California'' and describing such
implementation.
i. H.R. 3080, The ``Water Resources Reform and Development Act of
2013''
On September 11, 2013, Transportation and Infrastructure
Committee Chairman Bill Shuster and three cosponsors introduced
H.R. 3080, a bill to reauthorize and reform certain Federal
water resources and infrastructure programs that are primarily
under the jurisdiction of that committee. On October 17, 2013,
and October 18, 2013, Chairman Camp and Chairman Shuster
exchanged letters acknowledging the jurisdiction of the Ways
and Means Committee on the bill's tax-related provision. On
October 21, 2013, the Transportation and Infrastructure
Committee reported the bill (H. Rep. 113-246, Part I), as
amended, and several other committees--including the Ways and
Means Committee--were discharged. On October 23, 2013, the
House passed the bill, as amended, under a rule by a vote of
417-3. On October 31, 2013, the Senate passed an amendment in
the nature of a substitute to the bill--reflecting the text of
S. 601, related legislation that had previously passed the
Senate by a vote of 83-14 on May 15, 2013--by unanimous consent
and requested a conference with the House. On November 14,
2013, the House passed by unanimous consent a motion
disagreeing to the Senate amendment and agreeing to a
conference. As of December 20, 2013, a conference report had
not yet been filed.
As passed by the House, H.R. 3080 would reauthorize and
reform certain Federal water resources and infrastructure
programs that are primarily under the jurisdiction of the
Transportation and Infrastructure Committee. The tax-related
provision in the House-passed bill (Sec. 201) would amend the
Internal Revenue Code to modify the expenditure authority for
the Harbor Maintenance Trust Fund. The Senate version of the
legislation would make a similar amendment to the Internal
Revenue Code.
j. H.R. 3205, The ``Promoting Adoption and Legal Guardianship for
Children in Foster Care Act''
On September 27, 2013, Chairman Camp--along with Ranking
Member Sander Levin, Human Resources Subcommittee Chairman Dave
Reichert, and Human Resources Subcommittee Ranking Member Lloyd
Doggett--introduced H.R. 3205, a bill to extend and improve an
Adoption Incentives program under the jurisdiction of the Human
Resources Subcommittee. For a detailed summary of the
legislative history of H.R. 3205 and of the Human Resources-
related provisions of the bill, see Part ID, section 1c.
As passed by the House, H.R. 3205 contains one tax-related
provision. Sec. 301 of the bill would require States that are
owed unemployment compensation debt meeting certain criteria to
ensure recovery of such debt through a Federal tax refund
offset. Currently, states are permitted--but not required--to
take such actions to ensure recovery of unemployment
compensation debt. For a separate measure containing a related
provision, see Part IF, Section 1b.
k. H.R. 3350, The ``Keep Your Health Plan Act of 2013''
On October 28, 2013, Energy and Commerce Committee Chairman
Fred Upton--along with 29 cosponsors--introduced H.R. 3350, a
bill to permit health insurance issuers to continue to offer
for sale during 2014 current individual health insurance
coverage in satisfaction of the requirements of the individual
mandate established under the Patient Protection and Affordable
Care Act of 2010. On November 15, 2013, the House passed the
bill under a rule by a vote of 261-157. As of December 20,
2013, the Senate had not yet taken up the legislation.
As passed by the House, H.R. 3350 would allow health
insurance issuers that have in effect health insurance coverage
in the individual market as of January 1, 2013, to continue
offering such coverage for sale during 2014 outside of a health
care exchange established under the Patient Protection and
Affordable Care Act of 2010 (P.L. 111-148). The legislation
would treat such coverage as a grandfathered health plan for
purposes of satisfying that law's individual mandate, which
generally requires an individual to maintain minimum essential
health insurance coverage or pay a tax.
a. Tax Reform Hearings (Full Committee)
On February 14, 2013, the Committee received testimony on
tax reform and charitable contributions from (i) Eugene
Steuerle, Fellow and Richard B. Fisher Chair, The Urban
Institute; (ii) Kevin Murphy, President, the Council on
Foundations; (iii) David Wills, President, National Christian
Foundation; (iv) Brian Gallagher, President & CEO, United Way
Worldwide; (v) Roger Colinvaux, Professor, Catholic University
DC Law School; (vi) Eugene Tempel, Dean of the Indiana
University School of Philanthropy; (vii) Jan Masaoka, CEO,
California Association of Nonprofits; (viii) Mark Huddleston,
President, University of New Hampshire, on behalf of the
American Council on Education; (ix) Conrad Teitell, Chairman,
Charitable Planning Group, on behalf of the American Council of
Gift Annuities; (x) Jake Schrum, President, Southwestern
University, on behalf of the Council for Advancement and
Support of Education; (xi) Diana Aviv, President & CEO,
Independent Sector; (xii) Vinsen Faris, Chairman of the Board
of Directors, Meals on Wheels; (xiii) Bill Rieth, President &
CEO, United Way of Elkhart County; (xiv) Jill Michal, President
& CEO, United Way of Greater Philadelphia and Southern New
Jersey; (xv) Pamela King Sams, Executive Vice President for
Development, Children's National Medical Center; (xvi) Nicole
Busby, Executive Director, the National Association of Free and
Charitable Clinics; (xvii) Rand Wentworth, President, Land
Trust Alliance; (xviii) Kim Morgan, CEO, United Way of Western
Connecticut; (xix) Terry Mazany, President & CEO, The Chicago
Community Trust; (xx) Brent E. Christopher, President & CEO,
Communities Foundation of Texas; (xxi) Leslie Osche, Executive
Director, United Way of Butler County; (xxii) William Daroff,
Vice President for Public Policy, Jewish Federations of North
America; (xxiii) Ruth Thomas, Vice President of Finance and
Administration, SAT-7; (xxiv) John Ashmen, President, American
Gospel Rescue Missions; (xxv) John Berry, CEO & Executive
Director, Society of St. Vincent de Paul Georgia; (xxvi) Larry
Minnix, President & CEO, Leading Age; (xxvii) Scott Ferguson,
President & CEO, United Way of Chattahoochee Valley; (xxviii)
LaKisha Bryant, CEO, United Way of Southwest Georgia; (xxix)
Mike King, President & CEO, Volunteers of America; (xxx)
Jimalita Tillman, Executive Director, Harold Washington
Cultural Center; (xxxi) Tim Delaney, President, National
Council of Nonprofits; (xxxii) Bill Kitson, President & CEO,
United Way of Greater Cleveland; (xxxiii) Naomi Adler,
President & CEO, United Way of Westchester and Putnam; (xxxiv)
Cynthia Gordineer, President & CEO, United Way of Forsyth
County; (xxxv) Karen Rathke, President & CEO, Heartland United
Way; (xxxvi) Earle I. Mack, Retired Ambassador of the United
States to the Republic of Finland; (xxxvii) Andrew Watt,
President & CEO, Association of Fundraising Professionals;
(xxxviii) John Palatiello, President, Business Coalition for
Fair Competition; (xxxix) Tony Ross, President, United Way of
Pennsylvania; (xl) Lisa Ireland, Executive Director, United Way
of Orleans County; and (xli) Tory Irgang, Executive Director,
United Way of Southern Chautauqua County.
On March 19, 2013, the Committee received testimony on tax
reform and Federal tax provisions that affect State and local
governments from (i) Scott Hodge, President, the Tax
Foundation; (ii) David Parkhurst, Director of Economic
Development and Commerce Committee, Office of Federal
Relations, National Governors Association; (iii) Christopher
Taylor, Former Executive Director, Municipal Securities
Rulemaking Board, and (iv) John Buckley, Professor of Law,
Georgetown University Law School Graduate Tax Program.
On April 25, 2013, the Committee received testimony on tax
reform and residential real estate from (i) Mark Fleming, Chief
Economist, CoreLogic; (ii) Eric Toder, Co-Director, Urban-
Brookings Tax Policy Center; (iii) Jane Gravelle, Senior
Specialist in Economic Policy, Congressional Research Service;
(iv) Mark Calabria, Director of Financial Regulation Studies,
Cato Institute; (v) Phillip Swagel, Professor of International
Economic Policy, University of Maryland School of Public
Policy; (vi) Gary Thomas, President, National Association of
Realtors; (vii) Robert Dietz, Assistant Vice President for Tax
and Policy Issues, National Association of Home Builders;
(viii) Thomas Moran, Chairman, Moran & Company, appearing on
behalf of the National Multi Housing Council and the National
Apartment Association; and (ix) Robert Moss, Senior Vice
President, Boston Capital, appearing on behalf of the Housing
Advisory Group.
On June 13, 2013, the Committee received testimony on tax
reform, tax havens, base erosion, and profit-shifting from (i)
Pascal Saint-Amans, Director, Centre for Tax Policy and
Administration, Organisation for Economic Co-operation and
Development (OECD); (ii) Edward Kleinbard, Professor of Law,
University of Southern California Gould School of Law; and
(iii) Paul Oosterhuis, Partner, Skadden Arps Slate Meager &
Flom LLP.
b. Hearings Held by the Subcommittee on Select Revenue Measures
On March 20, 2013, the Subcommittee received testimony on
the Ways and Means Financial Products Tax Reform Discussion
Draft from (i) Viva Hammer, Hadassah-Brandeis Institute,
Brandeis University; (ii) Steven Rosenthal, Visiting Fellow,
Tax Policy Center; (iii) David C. Garlock, Director of
Financial Services, National Tax, Ernst & Young LLP; (iv)
William M. Paul, Partner, Covington & Burling LLP; and (v)
Shawn P. Travis, Senior Counsel, Global Tax, The Vanguard
Group, Inc.
On May 15, 2013, the Subcommittee received testimony on the
Ways and Means Small Business and Pass-Through Entity Tax
Reform Discussion Draft from (i) Roger Harris, President,
Padgett Business Services; (ii) Willard Taylor, Former Partner,
Sullivan & Cromwell; (iii) Blake Rubin, Partner, McDermott Will
& Emery; and (iv) Thomas Nichols, Meissner Tierney Fisher &
Nichols.
c. Other Tax-Related Hearings (Full Committee, Health Subcommittee, and
Oversight Subcommittee)
Throughout the first session of the 113th Congress, the
Full Committee--as well as the Health Subcommittee and the
Oversight Subcommittee--held a number of additional hearings on
a wide range of topics, many of which addressed, to varying
degrees, other tax-related issues. The topics of such hearings
included, but were not limited to, the Administration's
implementation of the 2010 health care laws and the Internal
Revenue Service's targeting of U.S. taxpayers and tax-exempt
organizations based on their personal, political, or
ideological beliefs. For descriptions of such hearings, see,
for example, Part IC, section 2 and Part IIB.
B. Legislative Review of Trade Issues
1. BILLS PENDING DURING THE FIRST SESSION OF THE 113TH CONGRESS
a. H.R. 2708, Miscellaneous Tariff Bill
On March 30, 2012, Chairman Camp, along with Ranking Member
Levin, then-Trade Subcommittee Chairman Brady, and then-Ranking
Member McDermott, announced the commencement of the
Miscellaneous Tariff Bill (MTB) process, inviting Members to
introduce bills and submit financial disclosures, and
subsequently commencing a public comment period. The
independent International Trade Commission reviewed the
submitted bills and provided reports to the Committee. 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,
then-Chairman Brady, and then-Ranking Member McDermott
introduced ``The U.S. Job Creation and Manufacturing
Competitiveness Act of 2013'' (H.R. 6727). The package included
provisions from more than 2,000 bills introduced in the House
and Senate that met the requirements of the MTB process.
Although no further action was taken in the 112th Congress,
action began on this bill early in the 113th Congress. Members
who introduced bills in the 112th Congress and wished to have
their provisions included in the 113th Congress MTB process
were required to submit 113th Congress Disclosure Forms to
refresh their disclosure information by April 2, 2013. Members
were not required to reintroduce their bills in the 113th
Congress, and no new bills were accepted into the process. The
Committee required that bills whose sponsors did not return in
the 113th Congress be adopted by another Member to be
considered. Sponsoring, cosponsoring, as well as adopting
Members were required to submit one 113th Congress MTB
Disclosure Form for each bill they sponsored/cosponsored/
adopted for the bill to be considered in the 113th Congress MTB
process.
On July 17, 2013, Chairman Camp, Ranking Member Levin,
Trade Subcommittee Chairman Nunes, and Trade Subcommittee
Ranking Member Rangel announced the re-introduction of ``The
U.S. Job Creation and Manufacturing Competitiveness Act of
2013'' (H.R. 2708). This bill contains a few modifications and
technical corrections to the bill introduced in the 112th
Congress. The Committee continues to work intensively with the
Senate Finance Committee and House and Senate leadership to
determine a path forward for this bill.
b. H.R. 2709, Generalized System of Preferences
On July 17, 2013, Chairman Camp, along with Ranking Member
Levin, Trade Subcommittee Chairman Nunes, and Trade
Subcommittee Ranking Member Rangel, introduced H.R. 2709 to
renew the Generalized System of Preferences program through
September 2013.
c. H.R. 805, The Nuclear Iran Prevention Act of 2013
On February 27, 2013, Representative Edward Royce
introduced H.R. 805, ``The Nuclear Iran Prevention Act of
2013.'' The bill as introduced included provisions within the
jurisdiction of the Ways and Means Committee. After extensive
negotiations, the House Foreign Affairs Committee agreed to
amend the bill to address the Ways and Means Committee's
concerns. On July 26, 2013, Chairman Camp exchanged letters
with House Foreign Affairs Committee Chairman Royce regarding
modification of provisions within the jurisdiction of the Ways
and Means Committee. On July 30, 2013, the House Foreign
Affairs Committee reported out the bill. On July 31, 2013, the
House passed H.R. 805, under suspension of the rules, by a vote
of 400-20.
d. H.R. 1947, The Federal Agriculture Reform and Risk Management Act of
2013 (Farm Bill)
On May 13, 2013, Representative Frank Lucas introduced H.R.
1947, ``The Federal Agriculture Reform and Risk Management Act
of 2013.'' The bill as introduced included provisions within
the jurisdiction of the Committee on Ways and Means with
respect to the imposition and collection of tariffs on imports
of cotton and sugar. On June 14, 2013, Chairman Camp exchanged
letters with House Agriculture Committee Chairman Lucas
regarding Ways and Means' jurisdiction of those provisions. On
May 15, 2013, the House Agriculture Committee reported out the
bill. On June 20, 2013, the House rejected H.R. 1947 by a vote
of 195-234. On July 10, 2013, Representative Frank Lucas
introduced H.R. 2642 ``Federal Agriculture Reform and Risk
Management Act of 2013,'' which contained the same provisions
of H.R. 1947 in the Committee's jurisdiction. On July 10, 2013,
the bill was referred to the House Committee on Agriculture. On
July 11, 2013, the House passed the bill by a recorded vote of
216-208. On July 16, 2013, the Senate struck all of the bill
after the Enacting Clause, substituted the language of S. 954,
and passed the bill by unanimous consent. On July 18, 2013, the
Senate insisted on its amendment and requested a conference. On
August 1, 2013, the Senate appointed conferees. On September
28, 2013, the House agreed to the Senate amendment with an
amendment pursuant to H. Res. 361. On October 1, 2013, the
Senate disagreed to the House amendment to the Senate amendment
by unanimous consent, asked for a conference, and appointed
conferees. On October 12, 2013, the Speaker appointed Chairman
Camp, Representative Sam Johnson, and Ranking Member Levin as
conferees from the Committee for consideration of sections 1207
and 1301 of the House amendment, sections 1301, 1412, 1435, and
4204 of the Senate amendment, and modifications committed to
conference. On October 30, 2013, the Conference was convened.
2. TRADE POLICY AGENDA AND TRADE PROMOTION AUTHORITY
On July 18, 2013, the full Committee received testimony
from Ambassador Michael Froman, the United States Trade
Representative, on current and future trade issues such as: (1)
the need for Trade Promotion Authority legislation and its
importance in furthering the U.S. trade agenda; (2) seeking to
conclude a successful Trans-Pacific Partnership agreement this
year; (3) negotiating with the European Union for a
comprehensive and ambitious trade and investment agreement; (4)
negotiating a Trade in International Services Agreement that
increases access for all sectors of our economy; (5) improving
our important trade relationship with major emerging economies
like China, India, and Brazil and addressing their trade
barriers; (6) ensuring appropriate trade enforcement efforts;
(7) advancing WTO negotiations, including ``post-Doha'' issues
at the WTO such as Information Technology Agreement (ITA)
expansion, a trade facilitation agreement, and an agreement for
trade in environmental goods and services; (8) negotiating
Bilateral Investment Treaties (BITs) with China and India and
exploring new BITs and investment opportunities; and (9)
establishing long-term, closer ties with important trading
partners.
3. THE TRANS-PACIFIC PARTNERSHIP NEGOTIATIONS
On April 24, 2013, the United States Trade Representative
notified Congress that the Administration intends to include
Japan in the ongoing negotiations of the Trans-Pacific
Partnership Agreement.
On July 18, 2013, 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 Michael Froman, United
States Trade Representative, testified before the Committee on
the Administration's views on these issues.
On September 9, 2013, the Committee held a meeting with
Treasury Secretary Lew and United States Trade Representative
Ambassador Froman about the Administration's approach to
currency issues.
On December 6-11, 2013, the Committee conducted a
bipartisan staff delegation to Singapore to participate in the
Trans-Pacific Partnership Trade Ministers meeting and to meet
with officials from Trans-Pacific Partnership countries, and
U.S. officials.
Throughout 2013, Committee staff held frequent and
extensive consultations with USTR and other agencies to discuss
ongoing progress in the negotiations and to provide Member
views on the conduct and content of the negotiations.
4. U.S.-EU TRADE AND INVESTMENT PARTNERSHIP NEGOTIATIONS
On May 16, 2013, the Trade Subcommittee held a hearing on
the U.S.-EU Trade and Investment Partnership Negotiations. The
focus of the hearing was on the benefits of expanding U.S.-EU
trade, including through the negotiation of a trade and
investment agreement. The hearing focus included: (1) tariff
barriers to trade; (2) regulatory barriers, including sanitary
and phytosanitary barriers to U.S. agriculture exports; (3)
opportunities for regulatory cooperation and coherence; (4)
services and investment barriers; and (5) ways to strengthen
cooperation between the United States and the EU with regard to
third-country issues. The Committee heard testimony from: (i)
Ambassador Stuart E. Eizenstat, Partner, Covington & Burling
LLP, on behalf of the Transatlantic Business Coalition; (ii)
Inga Carus, President & CEO, Carus Corporation; (iii) James
Grueff, Principal, Decision Leaders; and (iv) Greg Slater,
Director, Global Trade and Competition Policy, Intel
Corporation, on behalf of the Business Coalition for
Transatlantic Trade and the Coalition of Services Industries.
Throughout 2013, Committee staff held frequent and
extensive consultations with USTR and other agencies to discuss
ongoing progress in the negotiations and to provide Member
views on the conduct and content of the negotiations.
5. TRADE IN SERVICES AGREEMENT (TISA) NEGOTIATIONS
On January 15, 2013, Congress received notification from
the U.S. Trade Representative of the Administration's intent to
enter into negotiations for an ambitious agreement on
international trade in services (TISA) on a plurilateral basis
with the WTO Members comprising the Really Good Friends of
Services--WTO Members that are willing and able to agree to a
high-standard agreement. On July 25, the Committee received
notification from the U.S. Trade Representative of the
Administration's intent to join a consensus among TISA
participants to invite Paraguay and Liechtenstein to join the
TISA negotiations. Both of these steps followed intensive
consultations between the Committee and the Office of the U.S.
Trade Representative.
The Committee has also engaged in frequent staff
consultations with USTR to discuss ongoing progress in the
negotiations and to provide Member views on the conduct and
content of the negotiations.
6. OTHER BILATERAL AND REGIONAL ISSUES
China
On July 18, 2013, the Committee held a hearing on the U.S.
trade agenda with Ambassador Michael Froman, United States
Trade Representative. The hearing included discussion of 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. The hearing also included
discussion on 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 and prospects for a Bilateral
Investment Treaty.
On September 9, 2013, the Committee held a meeting with
Treasury Secretary Lew and Ambassador Froman about the
Administration's approach to currency issues.
India
On March 13, 2013, the Subcommittee on Trade held a hearing
on current U.S.-India trade issues such as: (1) deepening and
expanding the long-term trade and investment relationship with
India; (2) completing a Bilateral Investment Treaty, addressing
investment caps, and exploring new investment opportunities;
(3) addressing agricultural market access barriers; (4)
evaluating India's National Manufacturing Policy and other
forced localization policies including the Preferential Market
Access (PMA) on information technology products; (5) ensuring
the protection of intellectual property rights; (6) addressing
the issuance of compulsory licenses, patent revocations, and
other policies on pharmaceuticals; (7) examining India's system
of cascading tariffs, taxes, and other import charges; and (8)
advancing WTO negotiations, including ``post-Doha'' issues such
as an international services agreement, Information Technology
Agreement expansion, and a trade facilitation agreement in
partnership with India. The Subcommittee received testimony
from: (i) Dan Twining, Senior Fellow for Asia, German Marshall
Fund of the United States; (ii) Arvind Subramanian, Senior
Fellow, Peterson Institute for International Economics, and the
Center for Global Development; (iii) Allen F. Johnson,
Ambassador, Founder, Allen F. Johnson & Associates, and Former
Chief Agricultural Negotiator, Office of the United States
Trade Representative; (iv) Dean Garfield, President & CEO,
Information Technology Industry Council; and (v) Roy Waldron,
Senior Vice President and Chief Intellectual Property Counsel,
Pfizer.
Brazil
On June 12, 2013, the Subcommittee on Trade held a hearing
on the growing trade and investment relationship between the
United States and Brazil, the challenges facing U.S. job
creators in this vibrant and dynamic market, and how to
maximize constructive bilateral engagement--including adequate
parliamentary involvement and oversight--regarding these
opportunities and challenges.
The Subcommittee received testimony on current U.S.-Brazil
trade and investment issues in order to analyze whether they
prove ripe for inclusion in an expanded and more constructive
bilateral trade and investment agenda, including (1) deepening
and expanding the long-term trade and investment relationship
with Brazil; (2) the strengths and weaknesses of existing
bilateral forums for engagement on trade and investment policy;
(3) evaluating Brazil's industrial policy, including its high
industrial tariffs, local content rules, and forced
localization practices; (4) concerns regarding barriers to
bilateral agricultural and ethanol trade; (5) mutually
beneficial opportunities to lower barriers to U.S. services
trade, especially in Brazil's large energy and infrastructure
sector; (6) potential collaboration on innovation and
intellectual property rights, to facilitate more high-tech
trade; (7) simplification of Brazil's cumbersome border and
behind-the-border regulatory measures; (8) Brazil's use of the
U.S. Generalized System of Preferences, of which Brazil is the
third-largest beneficiary; (9) engagement within multilateral
forums such as the World Trade Organization; and (10)
collaboration on third-country policies that present
opportunities and challenges for both the United States and
Brazil. The Subcommittee received testimony from: (i) Thomas F.
McLarty III, Chairman, McLarty Associates; (ii) Andres R.
Gluski, Chief Executive Officer, AES Corporation; (iii) Doug
Hundt, President of Underground Solutions, Vermeer Corporation;
and (iv) Roberto Marques, Company Group Chairman, Johnson &
Johnson Consumer Companies of North America.
During the hearing, Trade Subcommittee Chairman Nunes
stated his intent to introduce legislation to improve the U.S.-
Brazil bilateral engagement on trade and other strategic
economic issues. Following up on the hearing, the Committee has
engaged in discussions within Congress and with the
Administration, Brazilian public officials, and the private
sector in both countries, in preparation for introduction of a
bill. These discussions included hosting a bilateral dialogue
between Subcommittee Members and the Brazilian Embassy, as well
as with a delegation of leading Brazilian Parliamentarians on
September 10, 2013.
Japan
On April 24, 2013, the United States Trade Representative
notified Congress that the Administration intends to include
Japan in the ongoing negotiations of the Trans-Pacific
Partnership Agreement.
On July 18, 2013, the Committee held a hearing on the U.S.
trade agenda and received testimony from Ambassador Michael
Froman, United States Trade Representative. Among the current
trade issues covered was Japan's participation in the TPP.
On September 9, 2013, the Committee held a meeting with
Treasury Secretary Lew and United States Trade Representative
Ambassador Froman about the Administration's approach to
currency issues, including with respect to Japan.
On December 6-11, 2013, the Committee conducted a
bipartisan staff delegation to Singapore to participate in the
Trans-Pacific Partnership Trade Ministers meeting and to meet
with officials from Trans-Pacific Partnership countries, and
U.S. officials.
Throughout 2013, Committee staff held extensive
consultations with USTR and other agencies to discuss ongoing
progress in the negotiations with Japan and to provide Member
views on the conduct and content of the negotiations.
Ecuador
The Andean Trade Preference Act (ATPA) expired on July 31,
2013. The Committee has taken no legislative action to renew
that preference program, of which Ecuador was the sole
beneficiary at the time of expiration.
7. WORLD TRADE ORGANIZATION
On July 18, 2013, the Committee held a hearing on the U.S.
trade agenda with Ambassador Michael Froman, United States
Trade Representative. Among the current trade issues covered
was the importance of the WTO to the multilateral trading
system and the negotiation of agreements on Trade Facilitation
and the expansion of the Information Technology Agreement.
On December 3-6, 2013, the Committee conducted a bipartisan
staff delegation to Bali, Indonesia to participate in the Ninth
WTO Ministerial and to meet with officials from WTO countries,
and U.S. officials.
8. ENFORCEMENT
On July 18, 2013, the Committee held a hearing on the U.S.
trade agenda with Ambassador Michael Froman, United States
Trade Representative. Among the current trade issues covered
were enforcement activities and efforts to strengthen trade
enforcement efforts.
On September 9, 2013, the Committee held a meeting with
Treasury Secretary Lew and United States Trade Representative
Ambassador Froman about the Administration's approach to
currency issues.
9. CUSTOMS REAUTHORIZATION
On December 17, 2012, then-Trade Subcommittee Chairman
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 then-Trade Subcommittee Ranking
Member Jim McDermott introduced H.R. 6656. The Committee
received comments on these bills from numerous stakeholders and
is considering potential changes to reflect these comments, as
appropriate. On January 4, 2013, Representative Charles
Boustany reintroduced his bill in the 113th Congress, H.R. 166,
to prevent the evasion of antidumping and countervailing duty
orders.
C. Legislative Review of Health Issues
1. BILLS ENACTED INTO LAW DURING THE 113TH CONGRESS
H.R. 475, To amend the Internal Revenue Code of 1986 to include
vaccines against seasonal influenza within the definition of
taxable vaccines. (P.L. 113-15)
On February 4, 2013, Representative Jim Gerlach introduced
H.R. 475, a bill to amend the Internal Revenue Code of 1986 to
include vaccines against seasonal influenza within the
definition of taxable vaccines. On June 18, 2013, the House
passed the bill under suspension of the rules by voice vote. On
June 19, 2013, the Senate passed the bill without amendment by
voice vote. On June 25, 2013, the President signed the bill
into law.
H.R. 475 modified the excise tax that funds the National
Vaccine Injury Compensation Program to cover any FDA-approved
and CDC-recommended vaccine against seasonal influenza. Under
prior law, with respect to flu vaccines, the excise tax applied
only to any trivalent (i.e., three-strain) vaccine against
influenza.
2. HEALTH CARE PROPOSALS DURING THE 113TH CONGRESS
a. H.R. 45, Repealing the Patient Protection and Affordable Care Act
and Health Care-related Provisions in the Health Care and
Education Reconciliation Act of 2010
On January 3, 2013, Representative Michele Bachmann
introduced H.R. 45, a bill to repeal the Patient Protection and
Affordable Care Act and health care-related provisions in the
Health Care and Education Reconciliation Act of 2010. On May
16, 2013, the House passed the bill, as amended, under a rule
by a vote of 229-195. As of December 20, 2013, the Senate had
not yet taken up the legislation.
As passed by the House, H.R. 45 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. H.R. 2009, Keep the IRS Off Your Health Care Act of 2013
On May 16, 2013, Representative Tom Price and 30 cosponsors
introduced H.R. 2009, a bill to prohibit the Department of the
Treasury from implementing or enforcing the Patient Protection
and Affordable Care Act or the Health Care and Education
Reconciliation Act of 2010. On August 2, 2013, the House passed
the bill under a rule by a vote of 232-185. As of December 20,
2013, the Senate had not yet taken up the legislation.
As passed by the House, H.R. 2009 would prohibit the
Secretary of the Treasury, or any delegate of the Secretary,
from implementing or enforcing any provisions of or amendments
made by the Patient Protection and Affordable Care Act (P.L.
111-148) or the Health Care and Education Reconciliation Act of
2010 (P.L. 111-152).
c. H.R. 2667, Authority for Mandate Delay Act
On July 11, 2013, Representative Tim Griffin--along with
Chairman Camp and 22 other cosponsors--introduced H.R. 2667, a
bill to delay until 2015 the application of the employer
mandate and related reporting requirements enacted as part of
the Patient Protection and Affordable Care Act of 2010. On July
2, 2013, the Department of the Treasury had announced that the
employer mandate and the related reporting requirements would
not be enforced until 2015. On July 17, 2013, the House passed
the bill under a rule by a vote of 264-161. Pursuant to the
rule (H. Res. 300), in the engrossment of H.R. 2668, the text
of H.R. 2667 was added to the end of H.R. 2668, and H.R. 2667
was laid on the table. For further information on H.R. 2668,
see section 2f.
As passed by the House, H.R. 2667 would effectively codify
the Administration's July 2, 2013, announcement delaying until
2015 the enforcement of the employer mandate and related
reporting requirements enacted under the Patient Protection and
Affordable Care Act of 2010 (P.L. 111-148).
d. H.R. 2668, Fairness for American Families Act
On July 11, 2013, Representative Todd Young--along with
Chairman Camp and 22 other cosponsors--introduced H.R. 2668, a
bill to delay until 2015 the application of the individual
mandate enacted as part of the Patient Protection and
Affordable Care Act of 2010. On July 17, 2013, the House passed
the bill, as amended, under a rule by a vote of 251-174. As of
December 20, 2013, the Senate had not yet taken up the
legislation.
As passed by the House, H.R. 2668 would delay until 2015
the application of the individual mandate enacted as part of
the Patient Protection and Affordable Care Act of 2010 (P.L.
111-148), which generally requires an individual to maintain
minimum essential health insurance coverage or pay a tax.
Pursuant to the rule (H. Res. 300), in the engrossment of H.R.
2668, the text of H.R. 2667 was added to the end of H.R. 2668,
and H.R. 2667 was laid on the table. Thus, as passed by the
House, H.R. 2668 would also effectively codify the
Administration's July 2, 2013, announcement delaying until 2015
the enforcement of the employer mandate and related reporting
requirements enacted under the Patient Protection and
Affordable Care Act of 2010. For further information on H.R.
2667, see section 2f.
e. H.R. 3350, Keep Your Health Plan Act of 2013
On October 28, 2013, Energy and Commerce Committee Chairman
Fred Upton--along with 29 cosponsors--introduced H.R. 3350, a
bill to permit health insurance issuers to continue to offer
for sale during 2014 current individual health insurance
coverage in satisfaction of the requirements of the individual
mandate established under the Patient Protection and Affordable
Care Act of 2010. On November 15, 2013, the House passed the
bill under a rule by a vote of 261-157. As of December 20,
2013, the Senate had not yet taken up the legislation.
As passed by the House, H.R. 3350 would allow health
insurance issuers that have in effect health insurance coverage
in the individual market as of January 1, 2013, to continue
offering such coverage for sale during 2014 outside of a health
care exchange established under the Patient Protection and
Affordable Care Act of 2010 (P.L. 111-148). The legislation
would treat such coverage as a grandfathered health plan for
purposes of satisfying that law's individual mandate, which
generally requires an individual to maintain minimum essential
health insurance coverage or pay a tax.
2. HEALTH CARE AND OTHER PROPOSALS DURING THE 113TH CONGRESS
Subcommittee Hearings
On February 26, 2013, the Subcommittee on Health received
testimony on the current Medicare benefit design and ways to
improve it from (i) Glen M. Hackbarth, Chairman, Medicare
Payment Advisory Commission; (ii) A. Mark Fendrick, M.D.,
Director, University of Michigan Center for Value-Based
Insurance Design; and (iii) Tricia Neuman, Senior Vice
President and Director, Kaiser Program on Medicare Policy,
Kaiser Family Foundation.
On March 15, 2013, the Subcommittee on Health received
testimony on MedPAC's March 2013 Report to the Congress on
Medicare payment policies from (i) Glen M. Hackbarth, Chairman,
Medicare Payment Advisory Commission.
On May 7, 2013, the Subcommittee on Health received
testimony on physician and other stakeholder input on how best
to reform the Medicare physician payment system from (i) David
Hoyt, MD, Executive Director, American College of Surgeons;
(ii) Kim Allan Williams, MD, Past President, American Society
of Nuclear Cardiology; (iii) Charles Cutler, MD, Chair, Board
of Regents, American College of Physicians; (iv) Frank G.
Opelka, MD, Vice-Chair, Consensus Standards Approval Committee,
National Quality Forum; and (v) Patrick Courneya, MD, Medical
Director, HealthPartners Health Plan.
On May 21, 2013, the Subcommittee on Health received
testimony on policies that modify beneficiary cost-sharing
within the Medicare program from (i) Joseph R. Antos, Ph.D.,
Wilson H. Taylor, Scholar in Health Care and Retirement Policy,
American Enterprise Institute; (iii) Alice M. Rivlin, Ph.D.,
Senior Fellow, Economic Studies, Brookings; and (iv) Joe Baker,
President, Medicare Rights Center.
On June 14, 2013, the Subcommittee on Health received
testimony on proposals to reform post-acute care under the
Medicare program from (i) Jonathan Blum, Deputy Administrator
and Director, Center of Medicare, Centers for Medicare and
Medicaid Services; and (ii) Mark Miller, Executive Director,
Medicare Payment Advisory Commission.
D. Legislative Review of Human Resources Issues
1. HUMAN RESOURCES PROPOSALS DURING THE 113TH CONGRESS
a. H.R. 890, the Preserving the Welfare Work Requirement and TANF
Extension Act of 2013
On February 28, 2013, the Committee on Ways and Means
Chairman, Dave Camp, along with 23 cosponsors introduced H.R.
890, the ``Preserving Work Requirements for Welfare Programs
Act of 2013.'' On March 6, 2013, the Committee marked up the
bill and ordered it favorably reported without amendment by
voice vote, and the report (H. Rept. 113-13, Part I) was filed
on March 11, 2013, the same day the Committee on Education and
the Workforce discharged the bill. The bill, as renamed, the
``Preserving the Welfare Work Requirement and TANF Extension
Act of 2013,'' passed the House by a vote of 246 to 181 (Roll
no. 68). On March 14, 2013, H.R. 890 was received in the
Senate, read twice, and referred to the Committee on Finance.
This bill prohibits the Secretary of Health and Human
Services (HHS) from finalizing, implementing, enforcing, or
otherwise taking any action to give effect to the Information
Memorandum dated July 12, 2012 which allows States to request
waivers of work participation rate requirements in the
Temporary Assistance for Needy Families (TANF) program.
Specifically, the bill prohibits the Secretary from
authorizing, approving, modifying, or extending any
experimental, pilot, or demonstration project under the Social
Security Act that: (1) waives compliance with mandatory
participation rate work requirements of the TANF program, or
(2) authorizes an expenditure not otherwise allowed in TANF
with respect to compliance with work requirements. The bill
would also rescind and nullify any waiver of work participation
rate requirements granted before the enactment of this Act.
Additionally, the bill extends TANF through December 31, 2013.
b. H.R. 1896, the International Child Support Recovery Improvement Act
On May 8, 2013, Human Resources Subcommittee Chairman David
Reichert, along with eight cosponsors, introduced H.R. 1896,
the ``International Child Support Recovery Improvement Act,''
which was referred to the House Committees on Ways and Means,
Budget and Judiciary. On June 18, 2013, the House voted to
suspend the rules and agreed to the bill by a vote of 394-27.
H.R. 1896 was received in the Senate, read twice, and referred
to the Committee on Finance on June 19, 2013. The
``International Child Support Recovery Improvement Act of
2012'' amends Part D of Title IV of the Social Security Act
(SSA) to direct the Secretary of Health and Human Services
(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 child 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 Part D of
Title IV of the SSA, 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 accessible
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 that is likely to
contribute to achieving the purposes of Part A of Title IV of
the SSA (i.e. TANF) or of Part D of Title IV of the SSA.
c. H.R. 3205, the Promoting Adoption and Legal Guardianship for
Children in Foster Care Act
On September 27, 2013, the Committee on Ways and Means
Chairman Dave Camp, Ranking Member Sandy Levin, Human Resources
Subcommittee Chairman Dave Reichert, and Human Resources
Subcommittee Ranking Member Lloyd Doggett, along with ten other
cosponsors introduced H.R. 3205, the ``Promoting Adoption and
Legal Guardianship for Children in Foster Care Act.'' On
October 22, 2013, the House voted to suspend the rules and
passed the bill by a vote of 402 to 0. H.R. 3205 was received
in the Senate, read twice, and referred to the Committee on
Finance on October 28, 2013.
The bill reauthorizes the Adoption Incentives program for
three years (FY 2014 through FY 2016), revises program awards
over that three-year period to focus on increasing adoption
rates instead of the raw number of adoptions (ensuring States
receive awards even as foster care caseloads continue to
decline), and focuses more resources on increasing adoptions of
older children. The bill also creates a new award category for
increases in the rate of children leaving foster care for legal
guardianship and allows States to spend incentive funds over
three years instead of two.
This legislation would require States to improve their
reporting of State savings in the wake of changes made in 2008
that increased Federal funding of adoption assistance, and it
ensures a portion of these savings is invested in services to
support families after adoptions have been finalized. The bill
also clarifies the treatment of successor guardians under the
new Guardianship Assistance Program, guaranteeing children can
continue to be cared for by another legal guardian if a
relative guardian passes away or is incapacitated.
This bill would also extend for three years the Family
Connection Grants program that is focused on helping children
in foster care reconnect with family members. To offset the
cost of this extension, the bill requires States to offset
Federal income tax refunds to recover Unemployment Insurance
overpayments that are the fault of the claimant. Through the
combination of these provisions, the legislation is expected to
reduce the deficit over 10 years by $24 million.
2. HUMAN RESOURCES ISSUES DURING THE 113TH CONGRESS
a. Unemployment Insurance Issues
On April 16, 2013, the Subcommittee on Human Resources
received testimony on the implementation of reforms to
unemployment benefits enacted in P.L. 112-96, the ``Middle
Class Tax Relief and Job Creation Act,'' from: (i) Bill Starks,
Director, Unemployment Insurance Division, Utah Department of
Workforce Services; (ii) The Honorable Tommy Williams, Texas
State Senate, District 4; (iii) Rich Hobbie, Executive
Director, National Association of State Workforce Agencies;
(iv) Larry Kidd, Principal/CEO, Reliable Staffing Services and
RSS Professional, LLC; and (v) Judy Conti, Federal Advocacy
Coordinator, National Employment Law Project.
On September 11, 2013, the Subcommittee on Human Resources
received testimony on possible measures to improve the
integrity of the UI program, including H.R. 2826, the
``Permanently Ending Receipt by Prisoners (PERP) Act'' from:
(i) Julia Hearthway, Secretary of Labor and Industry,
Pennsylvania; (ii) Scott Sanders, Commissioner, Department of
Workforce Development, Indiana; (iii) Doug Holmes, President,
UWC--Strategic Services on Unemployment & Workers'
Compensation; (iv) Valerie Melvin, Director, Information
Management and Technology Resources Issues, U.S. Government
Accountability Office (GAO); and (v) Sharon Dietrich, Managing
Attorney, Community Legal Services.
b. Welfare Reform Issues
On February 28, 2013, the Subcommittee on Human Resources
received testimony on HHS' proposed waivers of TANF work
participation rate requirements from: (i) The Honorable Orrin
G. Hatch, U.S. Senator from the State of Utah; (ii) Kay E.
Brown, Director, Education, Workforce, and Income Security,
U.S. Government Accountability Office (GAO); (iii) Jason
Turner, Executive Director, Secretary's Innovation Group; (iv)
Elizabeth Lower-Basch, Policy Coordinator and Senior Policy
Analyst, Center for Law and Social Policy; and (v) Douglas
Besharov, Professor, School of Public Policy, University of
Maryland. Witnesses discussed the role of work requirements in
welfare programs and the importance of ensuring welfare
recipients receive help in finding employment so they can move
up the economic ladder.
On June 18, 2013, the Subcommittee on Human Resources
received testimony on current programs designed to assist low-
income individuals and families, how they can create
disincentives to increasing earnings, and how they often fail
to address factors that caused individuals to seek assistance
in the first place from: (i) Jeffrey Kling, Ph.D., Associate
Director for Economic Analysis, Congressional Budget Office;
(ii) Lawrence M. Mead, Ph.D., Professor, Department of
Politics, New York University; (iii) Jennifer Tiller, DC
Director, America Works and Sada Randolph, former America Works
client; (iv) Casey Mulligan, Ph.D., Professor, Department of
Economics, University of Chicago; and (v) Eric Rodriguez, Vice
President, Office of Research, Advocacy, and Legislation,
National Council of La Raza. Witnesses focused on the
importance of coordinating benefits for low-income families so
that they better support, encourage, and reward work.
On July 17, 2013, the Subcommittee on Human Resources
received testimony on what is known about the effectiveness of
current programs designed to assist low-income families and
individuals, how Congress can ensure more social programs are
rigorously evaluated to determine their impact, and how high-
quality evidence can best be used to inform the design of
social programs at the level from: (i) Jon Baron, President,
Coalition for Evidence-Based Policy; (ii) Kristen Cox,
Executive Director, Utah Governor's Office of Management and
Budget; (iii) Steve Aos, Director, Washington State Institute
for Public Policy; (iv) David B. Muhlhausen, Ph.D., Research
Fellow, Empirical Policy Analysis, The Heritage Foundation; and
(v) Tara Smith, Research Associate, Ray Marshall Center, Lyndon
B. Johnson School of Public Affairs, The University of Texas.
Witnesses discussed how little evidence exists about the
effects of some policies to assist low-income families and how
a rigorous, data-driven approach is needed to focus Federal
spending on those programs that have been shown to be most
effective.
On July 31, 2013, the Subcommittee on Human Resources
received testimony on how States have used flexibility in the
past to improve services for low-income families and
individuals, and how current safety net programs can be better
coordinated to provide more effective assistance to those in
need from: (i) Eloise Anderson, Secretary, Wisconsin Department
of Children and Families; (ii) Clarence Carter, Director,
Arizona Department of Economic Security; (iii) Michelle
Saddler, Secretary, Illinois Department of Human Services; and
(iv) Larry Woods, Chief Executive Officer, Housing Authority of
Winston-Salem. Witnesses discussed the importance of
administrative flexibility in coordinating low-income benefits
and how this flexibility can allow officials at the State and
local level to deliver benefits more effectively.
c. Child Welfare Issues
On February 27, 2013, the Subcommittee on Human Resources
received testimony on successful efforts to increase adoptions
of children from foster care. Leaders of several private
organizations who have achieved significant success testified
about their programs, as well as their views on reauthorizing
the Adoption Incentives program. Individuals testifying
included: (i) Rita Soronen, President and CEO, Dave Thomas
Foundation for Adoption; (ii) Kelly Rosati, Vice President of
Community Outreach, Focus on the Family; (iii) Pat O'Brien,
Executive Director, You Gotta Believe!; and (iv) Nicole
Dobbins, Executive Director, Voice for Adoption. Witnesses
spoke about the importance of encouraging adoptions of older
children and shared their experiences in facilitating adoptions
of older youth.
On May 9, 2013, the Subcommittee on Human Resources
received testimony on policies and practices that limit
opportunities for foster youth and heard about recent State
efforts to allow foster parents and foster youth to make
reasonable decisions about the youth's participation in
everyday events and activities from: (i) The Honorable Nancy
Detert, Florida Senate Senator, District 28; (ii) Talitha
James, Foster Youth Fellow, Kidsave; (iii) Irene Clements,
President, National Foster Parent Association; (iv) David
Wilkins, Secretary, Florida Department of Children and Families
and Tanya Wilkins, Advocate for Foster Care and Adoption,
Governor's Office of Adoption and Child Protection; and (v)
Lynn Tiede, Senior Associate Director for Policy, Jim Casey
Youth Opportunities Initiative. Witnesses discussed ways in
which States have provided foster parents with more authority
to make day-to-day decisions for youth in their care and how
State policies might be changed to improve the lives of youth
in foster care.
On October 23, 2013, the Subcommittee on Human Resources
received testimony on how the child welfare system currently
works to prevent the sex trafficking of youth in foster care,
how the needs of sex trafficking victims are addressed, and how
Federal laws and policies might be improved to better ensure
the safety and well-being of youth at risk of abuse and neglect
from: (i) The Honorable Erik Paulsen, U.S. Representative from
the State of Minnesota; (ii) The Honorable Louise Slaughter,
U.S. Representative from the State of New York; (iii) The
Honorable Ted Poe, U.S. Representative from the State of Texas;
(iv) The Honorable Karen Bass, U.S. Representative from the
State of California; (v) The Honorable Orrin G. Hatch, U.S.
Senator from the State of Utah; (vi) Withelma ``T'' Ortiz
Walker Pettigrew, Board Member, Human Rights Project for Girls;
(vii) John Ryan, CEO, National Center for Missing and Exploited
Children; (viii) The Honorable Bobbe J. Bridge, President, CEO
and Founder, Center for Children and Youth Justice; (ix)
Melinda Giovengo, Ph.D., Executive Director, YouthCare; and (x)
Ashley Harris, Child Welfare Policy Associate, Texans Care For
Children. Witnesses discussed the importance of collecting
better data on victims of sex trafficking and ensuring that
instances of sex trafficking are reported to law enforcement.
Witnesses also discussed how child welfare policies might be
changed to reduce the likelihood that youth in foster care will
become victims of sex trafficking.
E. Legislative Review of Social Security Issues
1. PROTECTING THE PRIVACY OF SOCIAL SECURITY NUMBER ISSUES
On July 18, 2013, Subcommittee Chairman Johnson, along with
Ranking Member Xavier Becerra (D-CA) and 22 cosponsors,
introduced H.R. 2720, ``The Alexis Agin Identity Theft
Protection Act of 2013.'' The legislation would end the public
sale and access of Social Security's Death Master File (DMF).
Currently, the Social Security Administration (SSA) collects
death information to administer its programs. Deceased
individuals' Social Security Numbers (SSNs), names and date of
death have been available for purchase from the Commerce
Department since 1980, as required under a Freedom of
Information Act court case settlement. Criminals are able to
use the DMF as a resource to steal the identities of deceased
individuals. One common scheme involves using the SSNs of dead
children to claim them as dependents on fraudulent tax returns.
The Treasury Inspector General for Tax Administration reported
105,000 returns using the identities of deceased individuals
were paid in tax year 2010, resulting in $415 million in
illegal refunds. The President's fiscal year 2014 budget, the
National Taxpayer Advocate at the IRS, and the SSA Inspector
General have all called for the public release of current DMF
data to cease. On December 12, 2013, the House passed H.J. Res.
59, the Bipartisan Budget Act of 2013, including a provision to
restrict access to the DMF. This provision creates a program
under which the Secretary of Commerce restricts access to
information contained on the DMF for a three-year period
beginning on the date of an individual's death--except to
persons who are certified under the program to access such
information sooner. A penalty of $1,000 is imposed for each
improper disclosure or misuse of information obtained from the
DMF, up to a maximum of $250,000 per person per calendar year.
The Secretary is required to establish and collect user fees
sufficient to recover all costs associated with the
certification program. This proposal will save $786 over the
next ten years, including $517 million in increased revenues
attributable to preventing payment of fraudulently claimed tax
refunds. For more information on this legislation please see
section below on Legislative Review of Multi-Jurisdictional
Issues, b. H.J. Res. 59, Joint Resolution Making Continuing
Appropriations for Fiscal Year 2014 (later renamed the
``Bipartisan Budget Act of 2013'').
F. Legislative Review of Debt Issues
1. BILLS ENACTED INTO LAW
H.R. 325, No Budget, No Pay Act of 2013 (Public Law No: 113-3)
On January 21, 2013 the Committee on Ways and Means
Chairman, Dave Camp along with the Committee on House
Administration Chairman Candice Miller introduced H.R. 325 ``No
Budget, No Pay Act of 2013,'' and it was referred to the
Committee on Ways and Means, and in addition to the Committee
on House Administration. On January 23, 2013 the bill was
agreed to in the House by recorded vote: 285-144 (Roll no. 30).
On January 31, 2013 the Senate passed H.R. 325 without
amendment by yea nay vote: 64-34 (Record Vote Number: 11). On
February 4, 2013, the bill was presented to the President and
signed into law.
No Budget, No Pay Act of 2013--suspends through May 18,
2013, the current $16.394 trillion public debt limit. It also
makes a special rule relating to obligations issued during the
suspension period.
Under the No Budget, No Pay Act, effective May 19, 2013,
the public debt limit, automatically increases but only to the
extent that: (1) the face amount of obligations issued and the
face amount of obligations whose principal and interest are
guaranteed by the federal government (except guaranteed
obligations held by the Secretary of the Treasury) outstanding
on May 19, 2013, exceeds (2) the face amount of such
obligations outstanding on the date of enactment of this Act.
It prohibits an obligation from being taken into account
unless its issuance was necessary to fund a commitment incurred
by the federal government that required payment before May 19,
2013.
It requires the appropriate payroll administrator of each
house of Congress to deposit in an escrow account all mandatory
payments for compensation of Members of Congress serving in
that house if by April 15, 2013, that house has not agreed to a
concurrent budget resolution for FY2014. Requires release to
those Members of such payments after April 16, 2013, only upon
the earlier of: (1) the day on which that house agrees to a
concurrent budget resolution for FY2014, or (2) the last day of
the 113th Congress.
2. OTHER DEBT MATTERS
H.J. Res. 99, Relating to the disapproval of the President's exercise
of authority to suspend the debt limit, as submitted under
section 1002(b) of the Continuing Appropriations Act, 2014 on
October 17, 2013. (Public Law No. 113-46)
On October 28, 2013, Congressman Todd Young introduced H.J.
Res. 99, relating to the disapproval of the President's
exercise of authority to suspend the debt limit, as submitted
under section 1002(b) of the Continuing Appropriations Act,
2014 on October 17, 2013. On October 30, 2013, the House passed
the bill by the Yeas and Nays: 222-191 (Roll no. 570). On
October 31, 2013, the resolution was received in the Senate,
read twice and placed on the Senate Legislative Calendar under
General Orders (Calendar No. 232), pursuant to section 1002 of
Public Law No. 113-46. See Part IF, section 1a.
3. OTHER DEBT MATTERS--FULL COMMITTEE HEARINGS
On January 22, 2013, the full Committee received testimony
on the history of the debt limit, how past Congresses and
Presidents have negotiated and raised the limit, and whether
the Constitution provides options to the Executive Branch when
the debt limit is reached from (i) Lee Casey, Partner, Baker
Hostetler; (ii) G. William Hoagland, Senior Vice President, the
Bipartisan Policy Center; (iii) J.D. Foster, Norman B. Ture
Senior Fellow in the Economics of Fiscal Policy, The Heritage
Foundation; and (iv) Simon Johnson, Ph.D., Ronald A. Kurtz
Professor of Entrepreneurship, Massachusetts Institute of
Technology.
G. Legislative Review of Multi-Jurisdictional Issues
1. BILLS ENACTED INTO LAW DURING THE 113TH CONGRESS
a. The ``Continuing Appropriations Act, 2014'' (P.L. 113-46)
On July 22, 2013, Representative Diane Black introduced
H.R. 2775, a bill to condition the provision of exchange
subsidies and cost-sharing subsidies under the Patient
Protection and Affordable Care Act of 2010 upon a certification
that a program to verify household income and other
qualifications for such subsidies is operational. On September
12, 2013, the House passed the bill, as amended, under a rule
by a vote of 235-191. On October 16, 2013, the Senate passed
the bill with a further amendment by a vote of 81-18, as well
as an amendment to the title, which passed by unanimous
consent. Later on October 16, 2013, the House passed, pursuant
to a previous special order, a motion to agree to the Senate
amendments by a vote of 285-144. On October 17, 2013, the
amended version of H.R. 2775 was enacted into law. For prior
legislative action on a related joint resolution (H.J. Res.
59), see section 1b.
As originally passed by the House, H.R. 2775 (then entitled
the ``No Subsidies Without Verification Act'') would have
provided that, notwithstanding any other provision of law, no
exchange subsidies or cost-sharing subsidies enacted under the
Patient Protection and Affordable Care Act of 2010 (P.L. 111-
148) could be provided prior to a certification by the
Inspector General of the Department of Health and Human
Services that a program is in place that successfully and
consistently verifies the household income and coverage
requirements of individuals applying for such subsidies prior
to them being made available. As amended by the Senate and
ultimately enacted into law, H.R. 2775, which was renamed the
``Continuing Appropriations Act, 2014,'' required that,
notwithstanding any other provision of law, the Secretary of
Health and Human Services (HHS) shall ensure that health care
exchanges verify that individuals applying for exchange
subsidies or cost-sharing subsidies are eligible for such
subsidies and that, prior to making such subsidies available,
the HHS Secretary shall certify to Congress that the exchanges
verify such eligibility. Additionally, the Senate amendment
made continuing appropriations for fiscal year 2014 through
January 15, 2014. In addition, the Senate amendment provided
that the President may, within three days after enactment,
certify to Congress that absent a suspension of the public debt
limit, the Secretary of the Treasury would be unable to issue
debt to meet existing commitments. The debt limit is suspended
for the period beginning on the date on which the President
submits to Congress such a certification and ending on February
7, 2014. The debt limit, effective February 8, 2014, is
increased to the extent that: the face amount of public debt
obligations and those whose principal and interest are
guaranteed by the U.S. government (except guaranteed
obligations held by the Secretary of the Treasury) outstanding
on such date exceeds the face amount of such obligations
outstanding on the date of enactment of this Act.
However, the debt limit is not suspended unless the
issuance was necessary to fund a commitment incurred that
required payment before February 8, 2014. Finally, it
established procedures for congressional disapproval, by
enactment of a joint resolution, by way of expedited procedures
within 22 days after receipt of a certification by the
President, of the exercise of authority to suspend the debt
limit under this Act. For further information on a related
joint resolution of disapproval (H.J. Res. 99), see Part IE,
section 2.
b. H.J. Res. 59, Joint Resolution Making Continuing Appropriations for
Fiscal Year 2014 (later renamed the ``Bipartisan Budget Act of
2013'')
On September 10, 2013, House Appropriations Committee
Chairman Harold Rogers introduced H.J. Res. 59, a joint
resolution making continuing appropriations for fiscal year
2014. On September 20, 2013, the House passed the joint
resolution, as amended, for the first time under a rule by a
vote of 230-189. On September 27, 2013, the Senate passed the
joint resolution with an amendment by a vote of 54-44. On
September 29, 2013, the House approved, under a rule (H. Res.
366), a motion to agree to the Senate amendment with two
additional amendments. Pursuant to that rule, the adoption of
the proposed House amendments was divided into two separate
questions and voted on accordingly as House Amendment No. 1 and
House Amendment No. 2, to the Senate amendment. House Amendment
No. 1 was agreed to by a vote of 248-174, and House Amendment
No. 2 was agreed to by a vote of 231-192. On September 30,
2013, the Senate approved a motion to table the House
amendments to the Senate amendment by a vote of 54-46. Later on
September 30, 2013, the House approved, under a rule (H. Res.
367), a motion to recede from its amendments and concur in the
Senate amendment with a new amendment by a vote of 228-201.
Later on September 30, 2013, the Senate approved a motion to
table the House amendment to the Senate amendment by a vote of
54-46. On October 1, 2013, the House approved a new rule (H.
Res. 368) providing for consideration of H.J. Res. 59. That
rule provided that the House take from the Speaker's table H.J.
Res 59 with the House amendment to the Senate amendment, insist
on its amendment, and request a conference with the Senate. The
House approved the rule by a vote of 228-199. Also on October
1, 2013, the following conferees were appointed: Appropriations
Chairman Rogers, Representative Rodney Frelinghuysen,
Representative Ander Crenshaw, Representative John Carter,
Majority Leader Eric Cantor, Chairman Camp, Representative Paul
Ryan, and Representative Tom Graves. Later on October 1, 2013,
the Senate approved a motion to table the message from the
House with respect to H.J. Res. 59 by a vote of 54-46.
As originally passed by the House on September 20, 2013,
H.J. Res. 59 would have made continuing appropriations for
fiscal year 2014 through December 15, 2013. Additionally, Sec.
137 of the joint resolution would have provided that,
notwithstanding any other provision of law, no Federal funds
shall be made available to carry out any provisions of 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. In addition,
Sec. 138 of the House's original joint resolution would have
required the Secretary of the Treasury, until December 15,
2014, to issue debt to pay with legal tender, and solely for
the purpose of paying, the principal and interest on U.S.
obligations held by the public, or held by the Old-Age and
Survivors Insurance Trust Fund and Disability Insurance Trust
Fund, in the event that the federal debt reaches the statutory
limit after enactment of the joint resolution. However, no debt
could be issued unless the payment of allowed obligations would
otherwise cause the statutory debt limit to be exceeded. The
provision further required the Secretary, if such authority is
exercised, to report to specified congressional committees each
week the authority is in use and provide an accounting of: (1)
the principal on mature obligations and interest due or accrued
by the United States, and (2) any obligations issued pursuant
to this joint resolution. Under the Senate amendment to H.J.
Res. 59 passed on September 27, 2013, continuing appropriations
for fiscal year 2014 would have been made through November 15,
2013, and neither the prohibition on the use of funds for
implementing the 2010 health care laws nor the debt limit-
related provision included in the original House version would
have been retained. The version of H.J. Res. 59 passed by the
House on September 29, 2013, included two House Amendments to
the Senate amendment. Under House Amendment No. 1, the medical
device excise tax enacted under the 2010 health care law would
have been repealed and continuing appropriations for fiscal
year 2014 would have been made through December 15, 2013. Under
House Amendment No. 2, implementation of the 2010 health care
laws would have been delayed for one year and continuing
appropriations for fiscal year 2014 would have been made
through December 15, 2013. Under the version of H.J. Res. 59
that passed the House on September 30, 2013, the application of
the individual mandate imposed under the 2010 health care laws
would have been delayed for one year; Members of Congress,
Congressional staff, the President, the Vice President, and
political appointees (including White House staff) would have
been required to enroll in the exchanges established under the
2010 health care laws; and continuing appropriations for fiscal
year 2014 would have been made through December 15, 2013. It
was with respect to that version of H.J. Res. 59 that, pursuant
to H. Res. 368, the House insisted upon its amendment and
requested a conference with the Senate.
For a description of further legislative action on a
related bill (the ``Continuing Appropriations Act 2014,'' which
was subsequently enacted as P.L. 113-46 and addressed
continuing appropriations for fiscal year 2014 and other issues
within the jurisdiction of the Ways and Means Committee), see
the description in Section 1a.
On December 12, 2013, the House passed a motion to recede
and concur with an amendment in the Senate amendment that
reflected the substance of the Bipartisan Budget Act of 2013.
This legislation was agreed to by a recorded vote of 332-94.
The legislation provides for $63 billion in temporary sequester
relief accompanied by $85 billion in mandatory savings,
achieving net deficit reduction of $23 billion over 10 years.
In general, the legislation includes provisions designed to
eliminate wasteful spending, cut corporate welfare, and make
needed reforms to mandatory programs. Several provisions fall
within the jurisdiction of the Ways and Means Committee: (1)
Section 201 improves the collection of unemployment insurance
overpayments; (2) Section 203 restricts access to the death
master file; (3) Section 204 improves the identification of
inmates requesting or receiving improper payments; and (4)
Section 701 extends the user fees collected by the Department
of Homeland Security's Bureau of Customs and Border Protection
(CBP) from 2021 through 2023. H.J. Res 59 was signed by the
President on December 26, 2013.
2. OTHER MULTI-JURISDICTIONAL ISSUES DURING THE 113TH CONGRESS
Budget Hearings
On April 11, 2013, the Full Committee received testimony on
the details of the provisions of the President's FY14 budget
proposals that are within the Committee's jurisdiction from
Jacob J. Lew, Secretary, United States Department of the
Treasury.
On April 12, 2013, the Full Committee received testimony on
the details of the President's HHS FY14 budget proposals that
are within the Committee's jurisdiction from Kathleen Sebelius,
Secretary, United States Department of Health and Human
Services.
II. OVERSIGHT ACTIVITY REVIEW
A. Oversight Agenda
Committee on Ways and Means,
U.S. House of Representatives,
Washington, DC, February 15, 2013.
Hon. Darrell Issa,
Chairman, Committee on Oversight & Government Reform,
Rayburn House Office Bldg., Washington, DC.
Hon. Candice S. Miller,
Chairman, Committee on House Administration,
Longworth House Office Bldg., Washington, DC.
Dear Chairman Issa and Chairman Miller: 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
113th 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 and other activities related
to comprehensive tax reform.
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 113th Congress. Specifically,
discuss and consider legislative and administrative proposals
contained in the President's fiscal year 2014 and 2015 budgets.
Appropriate Tax Relief for Individuals, Families,
and Employers. Hearings and other activities regarding
appropriate tax relief measures for individual taxpayers,
families, and employers of all sizes.
Tax Provisions Contained in the ``Affordable Care
Act'' (ACA). Hearings and other activities regarding various
tax provisions contained in 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), known
collectively as the ACA. Continued oversight and other
activities related to ACA tax provisions, including especially
those scheduled for implementation in 2013 or 2014, such as the
individual mandate, the employer mandate, the Exchange
subsidies, the medical device tax, and the 3.8 percent surtax
on capital gains, dividends, and other investment income.
Internal Revenue Service Operations/Administration
of Tax Laws. Oversight of the major Internal Revenue Service
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 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 electronic
filing, and improper payments levels and fraud prevention
efforts. Discuss proposed funding and staffing levels for the
IRS, and legislative proposals and administrative proposals
contained in the President's fiscal year 2014 and 2015 budgets.
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. Review IRS tax-exempt
application process and agency oversight of new exempt
organizations.
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 the
refundable federal income tax credit designed to assist low to
moderate income working individuals and families. Evaluate the
participation and improper payment rates within the program,
and IRS efforts to eliminate EITC abuse.
Tax Scams and Improper Payments. Oversight of the
latest tax scams and tax fraud activities with a goal of
protecting taxpayers and preventing identity theft. Examine IRS
initiatives and efforts to curb tax fraud and the abuse of tax
credits, specifically improper payments in the administration
of tax credits. Review IRS processes designed to identify and
remedy 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. Oversight hearing with the Health and Human Services
Secretary to discuss priorities for the 113th 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 2014 and 2015 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 the ACA and related 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 CMS, including
issuance of regulations and their impact on Medicare
beneficiaries and providers; 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; 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 the ACA and related 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 Temporary Assistance for Needy Families (TANF) and
related welfare reform programs. Review the U.S. Department of
Health and Human Services' July 2012 ``Information Memorandum''
suggesting that States could seek ``waivers'' of work
requirements for welfare recipients. Investigate TANF
Maintenance of Effort (MOE) spending requirements and their
interaction with TANF work requirements. Examine barriers to
increasing self-sufficiency among low-income families with
children, and how changes may better address the needs of adult
beneficiaries who face barriers to employment. Review the role
that TANF and related programs such as child care and child
support enforcement play in facilitating work and economic
opportunity for low-income families. Oversee implementation of
recent legislation that strengthened program integrity
regarding accessing TANF benefits.
Unemployment Compensation. Provide oversight of
the nation's unemployment compensation benefits and employment
security systems. Review implementation of program reforms
contained in Public Law 112-96, The Middle Class Tax Relief and
Job Creation Act of 2012, especially those designed to
accelerate returns to work, prevent inappropriate benefit
payments, and improve overpayment recovery.
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 promote adoption, strengthen family connections, and
successfully address the health and educational needs of foster
children. Consider proposals for reauthorizing several child
welfare programs whose authorizations expire at the end of FY
2013, including adoption incentives and family connection
grants.
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 improve recipient outcomes and reduce
administrative complexities in order to target program
resources to those most in need.
Review and, Where Appropriate, Identify
Opportunities to Eliminate Duplicate Programs. Review
interactions among programs serving low-income populations so
they can more efficiently and effectively operate, including
through the enhanced use of technology. Additional proposals
and ideas, such as those identified by the GAO's annual report
on duplication, overlap, and fragmentation, should also be
examined to reduce program duplication and improve the overall
effectiveness of efforts to serve low-income populations.
Matters under the Committee's Social Security Jurisdiction:
Securing the Future of Social Security. Examine
the role of Social Security benefits in ensuring retirement
security for today's and future retirees, financing challenges
facing Social Security, the cost to taxpayers and beneficiaries
of delay in addressing those challenges, and options to
strengthen Social Security, including how the program is
meeting the needs of today's and tomorrow's beneficiaries.
Strengthening the Disability Insurance (DI)
program. Examine the effectiveness of DI benefits in meeting
the needs of individuals with disabilities today and the
process for both determining eligibility for benefits and
appealing denied applications, along with options to strengthen
the program.
Stewardship of Social Security programs. Provide
oversight of the management, performance, and long-range
strategic planning related to Social Security programs,
including the challenges facing the new Commissioner, the
impact of tight resources on the SSA's ability to conduct
program integrity reviews, and planning for the future
representative payee needs of aging beneficiaries.
Protecting the Privacy of Social Security Numbers
(SSN). Examine the integrity and protection of SSNs by the
Social Security Administration (SSA), including the SSA's death
records and SSN verification systems, and the use of SSNs as
identifiers and in identity theft and other fraud, along with
options for change.
SSA's Information Technology (IT) Infrastructure.
Assess the management, performance, and strategic planning for
future programs and systems development related to the SSA's IT
infrastructure.
Deployment of Resources. Oversight of the SSA's
deployment of tight resources to serve the public and
taxpayers, including evolving service delivery approaches,
policy administration and program implementation impacts, and
the SSA's role in supporting other Federal programs through
interagency and data sharing agreements.
Matters under the Committee's Trade Jurisdiction:
Trade Promotion Authority (TPA). Consideration of
authority for the President to negotiate and conclude trade
agreements in consultation with Congress, and to provide a
clear framework for Congressional consideration and
implementation.
Miscellaneous Tariff Bill (MTB). Continue work
begun in the 112th Congress concerning noncontroversial bills
to eliminate or reduce duties on products not made in the
United States, in accordance with bipartisan transparency
guidelines.
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.
Customs Authorization. Continue work begun in the
112th Congress to consider legislation to authorize U.S.
Customs and Border Protection, particularly to streamline and
facilitate legitimate and compliant trade at the border,
automate CBP processes, and improve enforcement.
Trans-Pacific Partnership (TPP) Negotiations.
Continued consultation with the Administration to evaluate the
status of the negotiations and specify Member views on U.S.
negotiating positions, with the goal of concluding the
negotiations in 2013.
Other Bilateral and Regional Negotiations.
Evaluate prospect for additional trade negotiations, including
the International Services Agreement and a U.S./EU free trade
agreement, as well as bilateral investment treaty negotiations.
Preference Programs. Oversight of major U.S. trade
preference programs, including the Generalized System of
Preferences (expiring July 2013), the Andean Trade Preferences
Act (expiring July 2013), and the African Growth and
Opportunity Act (expiring 2015).
World Trade Organization (WTO). Oversight of U.S.
goals, dispute settlement, the prospect for a trade
facilitation agreement and expansion of the information
technology agreement, and WTO accessions.
Enforcement. Oversight of enforcement of U.S.
rights and rights under trade agreements, including the WTO
Agreements and bilateral and regional free trade agreements, to
hold U.S. trading partners accountable. 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.
Role of Trade in U.S. Job Creation. Oversight of
the role of trade in creating U.S. jobs and how to create new
market access for U.S. manufactured goods, agriculture, and
services.
Trade Sanctions. Oversight concerning import
sanctions with, among others, Iran, Burma, North Korea, Syria,
and Cuba.
Implemented Trade Agreements. Oversight of
implemented agreements with Colombia; Panama; Korea; Peru;
Costa Rica, Dominican Republic, El Salvador, Guatemala, and
Honduras (CAFTA-DR); Oman; Bahrain; Singapore; Chile;
Australia; Morocco; Jordan; Canada and Mexico (NAFTA); and
Israel.
Trade Adjustment Assistance. Oversight concerning
the Trade Adjustment Assistance programs for workers, firms,
communities, and farmers.
Priorities of the Office of the United States
Trade Representative (USTR). Oversight over USTR to evaluate
priorities for the 113th 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 113th Congress progresses over the coming two
years.
Sincerely,
Dave Camp,
Chairman.
B. Actions Taken and Recommendations Made With Respect to Oversight
Plan
SUBCOMMITTEE ON OVERSIGHT
Full Committee Hearings
Actions Taken: On May 17, 2013, the full Committee received
testimony on the Internal Revenue Service's practice of
discriminating against applicants for tax-exempt status based
on the political leanings of the applicants from (i) Steve
Miller, Acting Commissioner of the Internal Revenue Service;
and (ii) J. Russell George, Treasury Inspector General for Tax
Administration.
On June 4, 2013, the full Committee received testimony on
organizations that were targeted as part of the Internal
Revenue Service's practice of discriminating against applicants
for tax-exempt status based on their personal beliefs from (i)
John Eastman, Chairman, National Organization for Marriage;
(ii) Dianne Belsom, Laurens County Tea Party; (iii) Becky
Gerritson, Wetumpka Tea Party; (iv) Karen Kenney, San Fernando
Valley Patriots; (v) Kevin Kookogey, Founder and President,
Linchpins of Liberty; and (vi) Sue Martinek, Coalition for Life
of Iowa.
On June 27, 2013, the full Committee received testimony on
the Internal Revenue Service's 30-day report on the practice of
discriminating against applicants for tax-exempt status based
on their personal beliefs from (i) Daniel Werfel, Principal
Deputy Commissioner and Deputy Commissioner for Services and
Enforcement, Internal Revenue Service.
Subcommittee Hearings
1. Affordable Care Act
Action Taken: On March 5, 2013, the Subcommittee on
Oversight received testimony on implementation of the tax and
tax-related provisions contained in the Affordable Care Act
(ACA) from (i) Douglas Holtz-Eakin Ph.D., President, American
Action Forum; (ii) Dan Moore, President & CEO, Cyberonics;
Chairman, Medical Device Manufacturers Association; (iii) Walt
Humann, President & CEO, OsteoMed; (iv) David Kautter, Managing
Director of the Kogod Tax Center, American University;
Executive-in-residence, Department of Accounting and Taxation;
(v) Shelly Sun, CEO and Co-Founder of BrightStar Care; (vi)
Hugh Joyce, James River Heating and Air Conditioning Company;
(vii) Paul N. Van de Water, Ph.D., Senior Fellow, Center on
Budget and Policy Priorities.
2. Prioritization of the Statutory Debt Limit
Action Taken: On April 10, 2013, the Subcommittee on
Oversight received testimony on the government's ability to
prioritize its obligations and continue operations should the
U.S. Treasury reach its statutory debt limit and exhaust
extraordinary measures, and concerns by Members of Congress
about the operation of current law in such a circumstance from
(i) The Honorable Michele Bachmann (MN-6); (ii) The Honorable
Tom McClintock (CA-4); (iii) The Honorable Steve Scalise (LA-
1); (iv) The Honorable David Schweikert (AZ-6); and (v) The
Honorable Daniel Webster (FL-10).
3. Internal Revenue Service (IRS) 2013 Filing Season
Action Taken: On April 25, 2013, the Subcommittee on
Oversight received testimony on the 2013 tax return filing
season, the IRS' fiscal year 2014 budget request, and IRS
operations generally from (i) Steven Miller, Acting
Commissioner, Internal Revenue Service.
4. IRS Colleges and Universities Compliance Project
Action Taken: On May 8, 2013, the Subcommittee on Oversight
received testimony on the findings of the IRS's Colleges and
Universities Compliance Project final report and examined the
causes for the widespread noncompliance found through the audit
among tax-exempt colleges and universities from (i) Lois
Lerner, Director, Exempt Organizations Division, Internal
Revenue Service.
5. IRS Exempt Organizations Division
Action Taken: On September 8, 2013, the Subcommittee
received testimony on the current state and practices of the
IRS's Exempt Organizations Division at the IRS following the
May 14, 2013 TIGTA audit report and then-Principal Deputy
Commissioner Werfel's June 25, 2013 report from (i) Daniel
Werfel, Acting Commissioner, Internal Revenue Service.
SUBCOMMITTEE ON TRADE
1. Trade Promotion Authority
Actions taken: The Committee has engaged in intensive
bipartisan, bicameral discussions to renew Trade Promotion
Authority (TPA).
On March 13, 2013, the Trade Subcommittee held a hearing on
U.S.-India Trade Relations. Among the issues discussed, the
witnesses stressed the importance of TPA. The Subcommittee
received testimony from: (i) Dan Twining, Senior Fellow for
Asia, German Marshall Fund of the United States; (ii) Arvind
Subramanian, Senior Fellow, Peterson Institute for
International Economics, and the Center for Global Development;
(iii) Allen F. Johnson, Ambassador, Founder, Allen F. Johnson &
Associates, and Former Chief Agricultural Negotiator, Office of
the United States Trade Representative; (iv) Dean Garfield,
President & CEO, Information Technology Industry Council; and
(v) Roy Waldron, Senior Vice President and Chief Intellectual
Property Counsel, Pfizer.
On May 16, 2013, the Trade Subcommittee held a hearing on
the U.S.-EU Trade and Investment Partnership Negotiations.
Among the issues discussed, the witnesses highlighted the
importance of TPA for the conduct of the negotiations. The
Committee heard testimony from: (i) Ambassador Stuart E.
Eizenstat, Partner, Covington & Burling LLP, on behalf of the
Transatlantic Business Coalition; (ii) Inga Carus, President &
CEO, Carus Corporation; (iii) James Grueff, Principal, Decision
Leaders; and (iv) Greg Slater, Director, Global Trade and
Competition Policy, Intel Corporation, on behalf of the
Business Coalition for Transatlantic Trade and the Coalition of
Services Industries.
On June 12, 2013, the Trade Subcommittee held a hearing on
the U.S.-Brazil Trade and Investment Relationship. Among the
issues discussed, the witnesses remarked on the importance of
TPA. The Subcommittee received testimony from: (i) Thomas F.
McLarty III, Chairman, McLarty Associates; (ii) Andres R.
Gluski, Chief Executive Officer, AES Corporation; (iii) Doug
Hundt, President of Underground Solutions, Vermeer Corporation;
and (iv) Roberto Marques, Company Group Chairman, Johnson &
Johnson Consumer Companies of North America.
On July 18, 2013, the Committee held a hearing on the U.S.
trade agenda with Ambassador Michael Froman, the United States
Trade Representative. Considerable focus was given during the
hearing to the need for TPA legislation and its importance in
furthering the U.S. trade agenda.
2. Miscellaneous Tariff Bill (``MTB'')
Actions Taken: On March 30, 2012, Chairman Camp, along with
Ranking Member Levin, then-Trade Subcommittee Chairman Brady,
and then-Ranking Member McDermott, announced the commencement
of the Miscellaneous Tariff Bill (MTB) process, inviting
Members to introduce bills and submit financial disclosures,
and subsequently commencing a public comment period. The
independent International Trade Commission reviewed the
submitted bills and provided reports to the Committee. 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,
then-Chairman Brady, and then-Ranking Member McDermott
introduced the U.S. Job Creation and Manufacturing
Competitiveness Act of 2013 (H.R. 6727). The package included
provisions from more than 2,000 bills introduced in the House
and Senate that met the requirements of the MTB process.
Although no further action was taken in the 112th Congress,
action began on this bill early in the 113th Congress. Members
who introduced bills in the 112th Congress and wished to have
their provisions included in the 113th Congress MTB process
were required to submit 113th Congress Disclosure Forms to
refresh their disclosure information by April 2, 2013. Members
were not required to reintroduce their bills in the 113th
Congress, and no new bills were accepted into the process. The
Committee required that bills whose sponsors did not return in
the 113th Congress be adopted by another Member to be
considered. Sponsoring, cosponsoring, as well as adopting
Members were required to submit one 113th Congress MTB
Disclosure Form for each bill they sponsored/cosponsored/
adopted for the bill to be considered in the 113th Congress MTB
process.
On July 17, 2013, Chairman Camp, Ranking Member Levin,
Trade Subcommittee Chairman Nunes, and Trade Subcommittee
Ranking Member Rangel announced the re-introduction of the U.S.
Job Creation and Manufacturing Competitiveness Act of 2013
(H.R. 2708). This bill contains a few modifications and
technical corrections to the bill introduced in the 112th
Congress. The Committee continues to work intensively with the
Senate Finance Committee and House and Senate leadership to
determine a path forward for this bill.
3. China
Actions Taken: On July 18, 2013, the Committee held a
hearing on the U.S. trade agenda with Ambassador Michael
Froman, United States Trade Representative. The hearing
included discussion of 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. The hearing also included discussion on 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 July 9, 2013, Chairman Camp sent a letter signed by
Ranking Member Levin, Senate Finance Chairman Baucus, and
Senate Finance Ranking Member Hatch to Treasury Secretary Lew,
Secretary of State Kerry, Secretary of Commerce Pritzker, and
Ambassador Froman about the upcoming meeting of the U.S.-China
Strategic & Economic Dialogue (S&ED). The letter discussed
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 September 9, 2013, the Committee held a meeting with
Treasury Secretary Lew and United States Trade Representative
Ambassador Froman about the Administration's approach to
currency issues. The meeting provided an opportunity for
Committee Members to have a bipartisan and candid, off-the-
record discussion with the Administration about its approach to
these issues.
On December 17, 2013, the Committee received the Semiannual
Report on Softwood Lumber Subsidies from the Department of
Commerce.
The Committee continues to hold regular staff consultations
with USTR and the Treasury and Commerce Departments regarding
U.S.-China issues.
4. Customs Authorization
Actions Taken: On December 17, 2012, then-Trade
Subcommittee Kevin Brady introduced last Congress 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 then-Trade
Subcommittee Ranking Member Jim McDermott introduced H.R. 6656.
The Committee received comments on these bills from numerous
stakeholders and is considering potential changes to reflect
these comments, as appropriate.
On January 4, 2013, Representative Charles Boustany
reintroduced his bill in the 113th Congress, H.R. 166, to
prevent the evasion of antidumping and countervailing duty
orders.
5. Trans-Pacific Partnership
Actions Taken: On April 24, 2013, the United States Trade
Representative notified Congress that the Administration
intends to include Japan in the ongoing negotiations of the
Trans-Pacific Partnership Agreement.
On July 18, 2013, the Committee held a hearing on the U.S.
trade agenda with Ambassador Michael Froman, United States
Trade Representative. Among the current trade issues covered
were the structure, content, and prospect for the ongoing
Trans-Pacific Partnership negotiations.
On September 9, 2013, the Committee held a meeting with
Treasury Secretary Lew and United States Trade Representative
Ambassador Froman about the Administration's approach to
currency issues. The meeting provided an opportunity for
Committee Members to have a bipartisan and candid, off-the-
record discussion with the Administration about its approach to
these issues.
On December 6-11, 2013, the Committee conducted a
bipartisan staff delegation to Singapore to participate in the
Trans-Pacific Partnership Trade Ministers meeting and to meet
with officials from Trans-Pacific Partnership countries, and
U.S. officials.
Throughout 2013, Committee staff held frequent and
extensive consultations with USTR and other agencies to discuss
ongoing progress in the negotiations and to provide Member
views on the conduct and content of the negotiations.
6. Other Bilateral and Regional Negotiations and Issues
a. U.S.-EU Trade Agreement Negotiations
Actions Taken: On May 16, 2013, the Trade Subcommittee held
a hearing on the U.S.-EU Trade and Investment Partnership
Negotiations. The focus of the hearing was on the benefits and
challenges of expanding trade with the EU, specifically through
the trade and investment agreement. The hearing focused on
tariff barriers to trade, regulatory barriers including
sanitary and phytosanitary barriers to U.S. agricultural
exports, opportunities for regulatory cooperation and
coherence, services and investment barriers, and ways to
strengthen regulatory cooperation between the US and EU
pertaining to third country issues. The Committee heard
testimony from: (i) Ambassador Stuart E. Eizenstat, Partner,
Covington & Burling LLP, on behalf of the Transatlantic
Business Coalition; (ii) Inga Carus, President & CEO, Carus
Corporation; (iii) James Grueff, Principal, Decision Leaders;
and (iv) Greg Slater, Director, Global Trade and Competition
Policy, Intel Corporation, on behalf of the Business Coalition
for Transatlantic Trade and the Coalition of Services
Industries.
On July 18, 2013, the Committee held a hearing on the U.S.
trade agenda with Ambassador Michael Froman, United States
Trade Representative. Among the current trade issues covered
were the benefits and challenges of expanding trade with the
EU, specifically through the trade and investment agreement.
The Committee has also held frequent and extensive 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. Trade in Services Agreement Negotiations
On January 15, 2013, Congress received notification from
the U.S. Trade Representative of the Administration's intent to
enter into negotiations for an ambitious agreement on
international trade in services (TISA) on a plurilateral basis
with the WTO Members comprising the Really Good Friends of
Services--WTO Members that are willing and able to agree to a
high-standard agreement. On July 25, the Committee received
notification from the U.S. Trade Representative of the
Administration's intent to join a consensus among TISA
participants to invite Paraguay and Liechtenstein to join the
TISA negotiations. Both of these steps followed substantial
consultations between the Committee and the Office of the U.S.
Trade Representative.
The Committee has also engaged in frequent and extensive
staff consultations with USTR to discuss ongoing progress in
the negotiations and to provide Member views on the conduct and
content of the negotiations.
c. Bilateral Investment Treaty Negotiations
The Committee has held staff consultations with USTR and
the Department of State to discuss the ongoing negotiation of
Bilateral Investment Treaties (BITs) with China, India,
Mauritius, and Pakistan, as well as exploratory discussions
that USTR and State have held with Ghana, Gabon, the East
African Community, Kuwait, Cambodia, and Taiwan.
d. Burma
In 2012, Congress passed and the President signed into law
H.R. 5986, 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. After consultation with Congress, the
President waived the imposition of all import sanctions with
the exception of those on jadeite and rubies. Congress did not
renew the legislative ban on importation of Burmese products
when the sanctions lapsed on July 26, 2013.
On May 13, 2013, the Committee received the U.S. Department
of State report pursuant to the Burmese Freedom and Democracy
Act of 2003 covering the period of April 2012 through March
2013.
On July 3, 2013, the Committee received the revised U.S.
Department of State report pursuant to the Burmese Freedom and
Democracy Act of 2003 covering the period of April 2012 through
March 2013.
On August 7, 2013, the President issued Executive Order
13651, which banned the importation of Burmese jadeite and
rubies, pursuant to the President's authorities under the
International Emergency Economic Powers Act.
On August 14, 2013, the Committee received the U.S.
Department of State report on Burmese JADE Act of 2008 on
Burma's timber trade.
e. India
The Committee has held regular staff consultations with
USTR and the Treasury and Commerce Departments regarding U.S.-
India issues. On March 13, 2013, the Trade Subcommittee held a
hearing on U.S.-India Trade Relations. The focus of the hearing
was the growing trade and investment relationship between the
two countries as well as the challenges facing U.S. job
creators in this market. The Committee explored the positive
aspects of the relationship while examining India's tariff and
non-tariff barriers that affect U.S. businesses, farmers,
ranchers, and workers. Additionally, the Committee analyzed how
trade and investment between the two countries could be
expanded. The Subcommittee received testimony from: (i) Dan
Twining, Senior Fellow for Asia, German Marshall Fund of the
United States; (ii) Arvind Subramanian, Senior Fellow, Peterson
Institute for International Economics, and the Center for
Global Development; (iii) Allen F. Johnson, Ambassador,
Founder, Allen F. Johnson & Associates, and Former Chief
Agricultural Negotiator, Office of the United States Trade
Representative; (iv) Dean Garfield, President & CEO,
Information Technology Industry Council; and (v) Roy Waldron,
Senior Vice President and Chief Intellectual Property Counsel,
Pfizer.
On June 20, 2013, Chairman Camp, along with 34 Republican
and Democratic Ways and Means Committee Members, sent a letter
to the President urging him to raise pressing trade and
investment issues ahead of U.S.-India Strategic Dialogue. On
July 26, 2013, the U.S. Department of State responded to this
letter concerning market access issues, intellectual property
rights, and trade and investment barriers in India. On August
1, 2013, the U.S. State Department sent an additional response
on the Bilateral Investment Treaty negotiations with India.
On August 2, 2013, Chairman Camp, along with Ranking Member
Levin, Senate Finance Chairman Baucus, and Senate Finance
Ranking Member Hatch, sent a letter to the International Trade
Commission (ITC) requesting the initiation of an investigation
under section 332(g) of the Trade Act of 1930 regarding Indian
industrial policies that discriminate again U.S. imports and
investment for the sake of supporting Indian domestic
industries, and the effect that those barriers have on the U.S.
economy and jobs. In response, the ITC launched Investigation
332-543, Trade, Investment, and Industrial Policies in India:
Effects on the U.S. Economy.
7. Preference Programs
Actions Taken: On July 19, 2013, the Committee received a
report from the Department of State on the Haitian Hemispheric
Opportunity through Partnership Encouragement Act of 2008 (HOPE
II) preference program for Haiti.
On July 17, 2013, Chairman Camp, along with Ranking Member
Levin, Trade Subcommittee Chairman Nunes, and Trade
Subcommittee Ranking Member Rangel, introduced H.R. 2709 to
renew the Generalized System of Preferences program through
September 2013.
On August 10-14, 2013, the Committee conducted a bipartisan
staff delegation to Addis Ababa to participate in the Africa
Growth and Opportunity Act (AGOA) Forum and to meet with
officials from AGOA countries and U.S. officials.
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.
The Andean Trade Preference Act (ATPA) expired on July 31,
2013. The Committee has taken no legislative action to renew
that preference program, of which Ecuador was the sole
beneficiary at the time of expiration.
On December 12, 2013, Chairman Camp, Ranking Member Levin,
Trade Subcommittee Chairman Nunes, and Trade Subcommittee
Ranking Member Rangel joined with Senate Finance, House Foreign
Affairs, and Senate Foreign Relations leaders to send a letter
to the General Accountability Office requesting a study on the
operation and effectiveness of AGOA.
8. World Trade Organization (WTO)
Actions Taken: On April 18, 2013, the Committee received
notification from the Administration that it intended to use
the section 123(g) process (provided for under the Uruguay
Round Agreements Act) to make administrative changes and come
into compliance with an adverse WTO decision in DS384/386--
United States-Certain Country of Origin Labeling Requirements.
On July 5, 2013, the Committee received notification from
the Administration that it intended to use the section 123(g)
process to comply with an adverse WTO decision in DS381--United
States-Measures Concerning the Importation, Marketing, and Sale
of Tuna and Tuna Products.
On July 18, 2013, the Committee held a hearing on the U.S.
trade agenda and received testimony from Ambassador Michael
Froman, United States Trade Representative. Among the current
trade issues covered was the importance of the WTO to the
multilateral trading system and the negotiation of agreements
on Trade Facilitation and the expansion of the Information
Technology Agreement.
On November 14, 2013, Chairman Camp led a letter signed by
Ranking Member Levin, Senate Finance Chairman Baucus, and
Senate Finance Ranking Member Hatch to Ambassador Froman in
support of ongoing negotiations at the WTO and the upcoming
Bali Ministerial.
On December 3-6, 2013, the Committee conducted a bipartisan
staff delegation to Bali, Indonesia to participate in the Ninth
WTO Ministerial and to meet with officials from WTO countries
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.
9. Enforcement
Actions Taken: On July 18, 2013, the Committee held a
hearing on the U.S. trade agenda. Among the current trade
issues covered enforcement activities and efforts to strengthen
trade enforcement efforts. Ambassador Michael Froman, United
States Trade Representative, testified on the Administration's
enforcement agenda.
On February 1, 2013, the Committee received USTR's Annual
Report on Subsidies Enforcement.
On March 1, 2013, the Committee received the 2013 Trade
Policy Agenda and 2012 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 April 1, 2013 the Committee received the National Trade
Estimate Report from USTR for 2013, 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
reports.
On April 3, 2013, the Committee received from USTR the 2013
Report on Compliance with Telecommunications Trade Agreements,
prepared pursuant to Section 1377 of the Omnibus Trade and
Competitiveness Act of 1988.
On May 1, 2013, the Committee received from USTR the 2013
Special 301 Report on Intellectual Property Rights. The annual
report reviews IPR protection and enforcement around the world
and is prepared by USTR pursuant to Section 182 of the Trade
Act of 1974, as amended.
On June 18, 2013, the Committee received the Semiannual
Report on Softwood Lumber Subsides from the Department of
Commerce.
On June 19, 2013, the Committee received from USTR the
report on WTO enforcement actions regarding Russia, as required
by Section 201 of the Russia and Moldova Jackson-Vanik Repeal
and Sergei Magnitsky Rule of Law Accountability Act of 2012.
On June 20, 2013, the Committee received from USTR the U.S.
Intellectual Property Enforcement Coordinator's 2013 Joint
Strategic Plan on Intellectual Property Enforcement, which
includes recommendations within the Committee's jurisdiction.
On August 12, 2013, Chairman Camp received from the
International Trade Commission the report Olive Oil: Conditions
of Competition between U.S. and Major Foreign Supplier
Industries, as requested by the Committee in 2012.
On September 9, 2013, the Committee held a meeting with
Treasury Secretary Lew and United States Trade Representative
Ambassador Froman about the Administration's approach to
currency issues. The meeting provided an opportunity for
Committee Members to have a bipartisan and candid, off-the-
record discussion with the Administration about its approach to
these issues.
On December 20, 2013, the Committee received from USTR the
report on Russia's implementation of the WTO agreement, as
required by Section 201 of the Russia and Moldova Jackson-Vanik
Repeal and Sergei Magnitsky Rule of Law Accountability Act of
2012.
The Committee also held regular staff sessions with USTR to
discuss pending and potential dispute settlement cases.
10. Role of Trade in U.S. Job Creation
Actions Taken: On July 18, 2013, the Committee held a
hearing on the U.S. trade agenda. Ambassador Michael Froman,
United States Trade Representative, testified about ways in
which a robust trade agenda promotes U.S. job creation.
11. Trade Sanctions
Iran
Actions Taken: On February 27, 2013, Representative Edward
Royce introduced H.R. 805, ``The Nuclear Iran Prevention Act of
2013.'' The bill as introduced included provisions in the
jurisdiction of the Ways and Means Committee. After extensive
negotiations, the House Foreign Affairs Committee agreed to
amend the bill to address the Ways and Means Committee's
concerns. On July 26, 2013, Chairman Camp exchanged letters
with House Foreign Affairs Committee Chairman Royce regarding
modification of provisions within the jurisdiction of the Ways
and Means Committee. On July 30, 2013, the House Foreign
Affairs Committee reported out the bill. On July 31, 2013, the
House passed H.R. 805, under suspension of the rules, by a vote
of 400-20.
On January 7, 2013, the Committee received a report from
the U.S. Department of Treasury under Section 220 of the Iran
Threat Reduction and Syria Human Rights Act of 2012.
On January 22, 2013, the Committee received from the U.S.
Department of Treasury the July 1-September 30, 2012, report on
Iran sanctions.
On February 6, 2013, the Committee received from the U.S.
Department of Treasury a report under Section 104 of the
Comprehensive Iran Sanctions Accountability and Divestment Act
of 2010 concerning Iranian financial institutions.
On February 6, 2013, the Committee received from the U.S.
Department of Treasury a report required under the Iran Threat
Reduction and Syria Human Rights Act of 2012, identifying
operators of vessels and other persons who conduct or
facilitate significant financial transactions with persons who
manage ports in Iran.
On February 6, 2013, the Committee received from the U.S.
Department of State a report required under the Iran Threat
Reduction and Syria Human Rights Act of 2012.
On February 22, 2013, the Committee received from the U.S.
Department of State a report required under the Iran Threat
Reduction and Syria Human Rights Act of 2012, identifying those
organizations of which Iran is a member that received U.S.
contributions.
On February 25, 2013, the Committee received from the
General Accountability Office (GAO) the report Iran: How U.S.
and International Sanctions Have Adversely Affected the Iranian
Economy.
On March 14, 2013, the Committee received from the U.S.
State Department a report required by the Iran Threat Reduction
and Syria Human Rights Act of 2012 notifying of the imposition
of sanctions on Greek national Dr. Dimitris Cambis and Impire
Shipping.
On April 8, 2013, the Committee received from the U.S.
Department of Treasury a report under Section 220 of the Iran
and Syria Human Rights Act of 2012, listing persons identified
as facilitating direct access to the Central Bank of Iran.
On April 12, 2013, the Committee received from the U.S.
Department of State a report on Societe Anonyme Monegasque
D'Administration Monegasque et D'Administration Maritime et
Aerienne Tanker Pacific Management Singapore pertaining to Iran
sanctions.
On May 7, 2013, the Committee received from the U.S.
Department of Treasury a report under Section 211 of the Iran
Threat Reduction and Syria Human Rights Act of 2012.
On May 7, 2013, the Committee received from U.S. Department
of Treasury a report under Sections 301 and 302 of the Iran
Threat Reduction and Syria Human Rights Act of 2012.
On May 30, 2013, the Committee received from the U.S.
Department of State a report on implementing Sections 105 and
105B of the Comprehensive Iran Sanctions Accountability and
Divestment Act of 2010.
On May 31, 2013, the Committee received from the U.S.
Department of State a report on imposing sanctions against the
Ferland Company pursuant to the Iran Sanctions Act of 1996, as
amended by the Iran Threat Reduction and Syria Human Rights Act
of 2012.
On June 24, 2013, the Committee received from the U.S.
Department of State a report pursuant to Section 303 of the
Iran Threat Reduction and Syria Human Rights Act of 2012
regarding whether any government agencies or foreign countries
knowingly and materially assisted, sponsored, or provided
financial, material, or technological support to Iran's
Revolutionary Guard Corps.
On July 3, 2013, the Committee received from the U.S.
Department of Treasury a report under Section 220 of the Iran
Reduction and Syria Human Rights Act of 2012.
On July 5, 2013, the Committee received from U.S.
Department of State a report on whether Iran has been using
materials for exchange as described in section 1245 of the 2012
National Defense Authorization Act, among other issues.
On July 8, 2013, the Committee received from the U.S.
Department of Treasury a report under Section 220 of the Iran
Threat Reduction and Syria Human Rights Act of 2012 regarding
specialized financial messaging services to the Central Bank of
Iran and other financial institutions.
On August 7, 2013, the Committee received from the U.S.
Department of Treasury a report under section 211 of the Iran
Threat Reduction and Syria Human Rights Act of 2012 identifying
operators of vessels and other persons that conduct or
facilitate significant financial transactions with persons that
manage ports in Iran that have been designated for the
imposition of sanctions pursuant to the International Emergency
Economic Powers Act.
On August 29, 2013, the Committee received from the GAO a
report required under the Iran Threat Reduction and Syria Human
Rights Act of 2012 entitled ``U.S. Agencies Information on
Entities That May Have Provided Ships or Insurance to Transport
Refined Petroleum Products to Iran.''
On September 10, 2013, the Committee received from the U.S.
Department of State a report on 2012 global trade relating to
Iran.
On November 22, 2013, the Committee received from the U.S.
Department of Treasury a report regarding Section 302(a) of the
Iran Threat Reduction and Syria Human Rights Act of 2012.
On November 22, 2013, the Committee received from the U.S.
Department of Treasury a report regarding Section 211 of the
Iran Threat Reduction and Syria Human Rights Act of 2012.
12. Implemented Trade Agreements
Actions Taken: The Committee continued its oversight of
implemented agreements with Australia, Bahrain, Canada and
Mexico, the five Central American countries and the Dominican
Republic, Chile, Colombia, Israel, Jordan, Korea, Morocco,
Oman, Panama, Peru, and Singapore.
On July 18, 2013, the Committee held a hearing on the U.S.
trade agenda. Among the current trade issues covered was the
status of implementation of trade agreements, including the
most recent three agreements with Colombia, Korea, and Panama.
Ambassador Michael Froman, United States Trade Representative,
testified before the Committee on the Administration's views on
these issues.
13. Trade Adjustment Assistance
Actions Taken: The Committee continued its oversight and
its assessment concerning the operation of the Trade Adjustment
Assistance programs for Workers, Firms, Communities, and
Farmers.
On December 15, 2012, the Committee received from the
Department of Commerce the TAA Annual Report for Fiscal Year
2012.
On March 13, 2013, Chairman Camp exchanged letters with
Education and Workforce Committee Chairman Kline regarding H.R.
803, the ``Knowledge and Investing in Lifelong Skills Act.''
On May 22, 2013, the Committee received from the Department
of Labor its Trade Adjustment Assistance Annual Report for
Fiscal Year 2012.
On June 27, 2013, the Committee received a memorandum from
the Department of Commerce regarding the allocation of funds
for the Trade Adjustment Assistance Centers for FY 2013.
On August 27, 2013, the Committee received from the
Department of Labor a report on the Trade Adjustment Assistance
Community College and Career Training (TAACCCT) Grant Program
for Fiscal Year 2012.
14. Priorities of the Office of the United States Trade Representative
Actions Taken: On July 18, 2013, the full Committee
received testimony from Ambassador Michael Froman, the United
States Trade Representative, on current and future trade issues
and USTR priorities.
The Committee held consultations and staff briefings with
USTR to discuss its budget and priorities, including the impact
of sequestration on the agency.
On March 22, 2013, Chairman Camp, along with Ranking Member
Levin, Senate Finance Chairman Baucus, and Senate Finance
Ranking Member Hatch, sent a letter to the Office of Management
and Budget regarding funding of USTR's Interagency Trade
Enforcement Center (ITEC) and funding of the U.S. Department of
Commerce's International Trade Administration in the Continuing
Appropriations Act 2013 (H.R. 933).
The Committee also followed closely the Commerce, Justice,
Science, and Related Agencies Appropriations legislation
considered by the Appropriations Committee on July 17, 2013,
which included USTR's FY 14 appropriation.
15. Priorities of the United States International Trade Commission
Actions 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 legislation considered by
the Appropriations Committee on July 17, 2013, which included
the ITC's FY 14 appropriation.
On November 29, 2013, the Committee received the semiannual
report of the Inspector General of the International Trade
Commission. In December 2013, the Committee received from the
ITC its Strategic Plan for Fiscal Years 2014-2018.
16. Priorities of U.S. Customs and Border Protection
Actions Taken: The Committee continued its oversight
concerning customs revenue functions and trade facilitation,
including enforcement of U.S. trade and customs laws and
regulations. Regular Committee staff sessions with Customs and
Border Protection (CBP) have provided the Committee with
valuable information concerning these issues.
On December 17, 2012, then-Trade Subcommittee Chairman
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 then-Trade Subcommittee Ranking
Member Jim McDermott introduced H.R. 6656. The Committee
received comments on these bills from numerous stakeholders and
is considering potential changes to reflect these comments, as
appropriate. On January 4, 2013, Representative Charles
Boustany reintroduced his bill in the 113th Congress, H.R. 166,
to prevent the evasion of antidumping and countervailing duty
orders.
On January 25, 2013, the Committee received from CBP the
Automated Commercial Environment (ACE) Fourth Quarter Fiscal
Year 2012 Report to Congress.
On April 29, 2013, the Committee received from CBP the
Automated Commercial Environment (ACE) First Quarter Fiscal
Year 2013 Report to Congress.
On May 16, 2013, Chairman Camp sent a letter signed by
Ranking Member Levin, Senate Finance Chairman Baucus, and
Senate Finance Ranking Member Hatch to the Department of
Homeland Security expressing concern over U.S. Customs and
Border Protection fee reimbursement programs. The Committee
received a response from the Department of Homeland Security on
July 8, 2013.
On July 9, 2013, the Committee received from CBP the
Automated Commercial Environment (ACE) Second Quarter Fiscal
Year 2013 Report to Congress.
On July 19, 2013, the Committee received from CBP the
report Antidumping and Countervailing Duty Enforcement Actions
and Compliance Initiatives: FY 2012.
On September 16, 2013, the Committee received from the
Department of Homeland Security the Report Pursuant to the
Security and Accountability for Every Port Act of 2006 on Cargo
Scanning.
On September 19, 2013, the Committee received from CBP the
Automated Commercial Environment (ACE) Third Quarter Fiscal
Year 2013 Report to Congress.
SUBCOMMITTEE ON HEALTH
1. Medicare Part A and Part B (Fee-for-Service Providers)
Action Taken: On June 20, 2013, the Subcommittee on Health
received testimony on Medicare's financial situation as
detailed by the 2013 Medicare Trustees report 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.
2. Priorities of the Department of Health and Human Services and the
Implementation of the Affordable Care Act
Action Taken: On July 10, 2013, the Subcommittee on Health
received testimony on the Obama Administration's decision to
delay the employer mandate and the employer information
reporting requirements under the Affordable Care Act from (i)
Avik Roy, Senior Fellow, Manhattan Institute; (ii) James
Capretta, Fellow, Ethics and Public Policy Center; (iii)
William Dennis Jr., Senior Research Fellow, National Federation
of Independent Business; (iv) Sean Falk, Owner, WolFTeaM LLC,
President, Nachogang LLC, on behalf of the International
Franchise Association; and (v) Timothy Jost, Robert L Willett
Family Professor of Law, Washington and Lee University School
of Law.
On July 17, 2013, the Subcommittee on Health received
testimony on the Obama Administration's decision to delay the
penalties for the employer mandate and the employer information
reporting requirements under the Affordable Care Act from (i)
J. Mark Iwry, Sr. Advisor to the Secretary and Deputy Assistant
Secretary for Retirement and Health Policy, US Department of
the Treasury.
On August 1, 2013, the full Committee received testimony on
the status of the Affordable Care Act's implementation from (i)
Gary Cohen, Deputy Administrator and Director, Center for
Consumer Information and Insurance Oversight, Centers for
Medicare & Medicaid Services, U.S. Department of Health and
Human Services, and (ii) Daniel Werfel, Principal Deputy
Commissioner and Deputy Commissioner for Services and
Enforcement Internal Revenue Service.
On October 29, 2013 the full Committee received testimony
on the status of the Obama Administration's implementation of
the Affordable Care Act from Marilyn Tavenner, Administrator,
Centers for Medicare & Medicaid Services, U.S. Department of
Health and Human Services.
On December 4, 2013, the Subcommittee on Health received
testimony on the challenges facing the implementation of
ObamaCare from (i) Chris Carlson, FSA, MAAA, Principal, Oliver
Wyman Actuarial Consulting, Inc.; (ii) Grace-Marie Turner,
Founder, President and Trustee, Galen Institute; (iii) Scott
Gottlieb, Resident Fellow, The American Enterprise Institute;
and (iv) the Honorable Mike Kreidler, Insurance Commissioner,
Washington State Office of the Insurance Commissioner.
SUBCOMMITTEE ON HUMAN RESOURCES
1. Protect Work Requirements in TANF
Action Taken: On February 28, 2013, the Subcommittee on
Human Resources received testimony on HHS' proposed waivers of
TANF work requirements from (i) The Honorable Orrin G. Hatch,
U.S. Senator from the State of Utah; (ii) Kay E. Brown,
Director, Education, Workforce, and Income Security, U.S.
Government Accountability Office (GAO); (iii) Jason Turner,
Executive Director, Secretary's Innovation Group;
(iv)?Elizabeth Lower-Basch, Policy Coordinator and Senior
Policy Analyst, Center for Law and Social Policy; and (v)
Douglas Besharov,Professor, School of Public Policy, University
of Maryland. On February 28, 2013, the Committee on Ways and
Means Chairman, Dave Camp, along with twenty-three cosponsors
introduced H.R. 890, the ``Preserving Work Requirements for
Welfare Programs Act of 2013,'' to prohibit HHS from waiving
work requirements in TANF, which bill was subsequently marked
up by the Committee and passed the House by a vote of 246 to
181.
2. Review Implementation of Reforms to Unemployment Benefits
Action Taken: On April 16, 2013, the Subcommittee on Human
Resources received testimony on the implementation of reforms
to unemployment benefits enacted in P.L. 112-96, the ``Middle
Class Tax Relief and Job Creation Act,'' from (i) Bill Starks,
Director, Unemployment Insurance Division, Utah Department of
Workforce Services; (ii) The Honorable Tommy Williams, Texas
State Senate, District 4; (iii) Rich Hobbie, Executive
Director, National Association of State Workforce Agencies;
(iv) Larry Kidd, Principal/CEO of Reliable Staffing Services
and RSS Professional, LLC; and (v) Judy Conti, Federal Advocacy
Coordinator, National Employment Law Project.
3. Conduct Oversight of the Unemployment Insurance Program
Action Taken: On September 11, 2013, the Subcommittee on
Human Resources received testimony on possible measures to
improve the integrity of the UI program, including H.R. 2826,
the ``Permanently Ending Receipt by Prisoners (PERP) Act''
from: (i) Julia Hearthway, Secretary of Labor and Industry,
Pennsylvania; (ii) Scott Sanders, Commissioner, Department of
Workforce Development, Indiana; (iii) Doug Holmes, President,
UWC--Strategic Services on Unemployment & Workers'
Compensation; (iv) Valerie Melvin, Director, Information
Management and Technology Resources Issues, Government
Accountability Office (GAO); and (v) Sharon Dietrich, Managing
Attorney, Community Legal Services.
4. Review Possible Reforms to Current Welfare State
Action Taken: On June 18, 2013, the Subcommittee on Human
Resources received testimony on current programs designed to
assist low-income individuals and families, how they can create
disincentives to increasing earnings, and how they often fail
to address factors that caused individuals to seek assistance
in the first place from: (i) Jeffrey Kling, Ph.D., Associate
Director for Economic Analysis, Congressional Budget Office;
(ii) Lawrence M. Mead, Ph.D., Professor, Department of
Politics, New York University; (iii) Jennifer Tiller, DC
Director, America Works and Sada Randolph, former America Works
client; (iv) Casey Mulligan, Ph.D., Professor, Department of
Economics, University of Chicago; and (v) Eric Rodriguez, Vice
President, Office of Research, Advocacy, and Legislation,
National Council of La Raza. Witnesses focused on the
importance of coordinating benefits for low-income families so
that they better support, encourage, and reward work.
On July 17, 2013, the Subcommittee on Human Resources
received testimony on what is known about the effectiveness of
current programs designed to assist low-income families and
individuals, how Congress can ensure more social programs are
rigorously evaluated to determine their impact, and how high-
quality evidence can best be used to inform the design of
social programs at the Federal level from: (i) Jon Baron,
President, Coalition for Evidence-Based Policy; (ii) Kristen
Cox, Executive Director, Utah Governor's Office of Management
and Budget; (iii) Steve Aos, Director, Washington State
Institute for Public Policy; (iv) David B. Muhlhausen, Ph.D.,
Research Fellow, Empirical Policy Analysis, The Heritage
Foundation; and (v) Tara Smith, Research Associate, Ray
Marshall Center, Lyndon B. Johnson School of Public Affairs,
The University of Texas. Witnesses discussed how little
evidence exists about the effects of policies to assist low-
income families and how a rigorous, data-driven approach is
needed to focus Federal spending on those programs that have
been shown to be most effective.
On July 31, 2013, the Subcommittee on Human Resources
received testimony on how States have used flexibility in the
past to improve services for low-income families and
individuals, and how current safety net programs can be better
coordinated to provide more effective assistance to those in
need from: (i) Eloise Anderson, Secretary, Wisconsin Department
of Children and Families; (ii) Clarence Carter, Director,
Arizona Department of Economic Security; (iii) Michelle
Saddler, Secretary, Illinois Department of Human Services; and
(iv) Larry Woods, Chief Executive Officer, Housing Authority of
Winston-Salem. Witnesses discussed the importance of
administrative flexibility in coordinating low-income benefits
and how this flexibility can allow officials at the State and
local level to deliver benefits more effectively.
5. Promote Adoptions from Foster Care
Action Taken: On February 27, 2013, the Subcommittee on
Human Resources received testimony on successful efforts to
increase adoptions of children from foster care. Leaders of
several private organizations who have achieved significant
success testified about their programs, as well as their views
on reauthorizing the Adoption Incentives program. Individuals
testifying included: (i) Rita Soronen, President and CEO, Dave
Thomas Foundation for Adoption; (ii) Kelly Rosati, Vice
President of Community Outreach, Focus on the Family; (iii) Pat
O'Brien, Executive Director, You Gotta Believe!; and (iv)
Nicole Dobbins, Executive Director, Voice for Adoption.
Witnesses spoke about the importance of encouraging adoptions
of older children and shared their experiences in facilitating
adoptions of older youth.
On September 27, 2013, the Committee on Ways and Means
Chairman Dave Camp, Ranking Member Sandy Levin, Human Resources
Subcommittee Chairman Dave Reichert, and Human Resources
Subcommittee Ranking Member Lloyd Doggett, along with ten other
cosponsors introduced H.R. 3205, the ``Promoting Adoption and
Legal Guardianship for Children in Foster Care Act.'' The bill,
which reauthorizes the Adoption Incentives program for three
years and makes certain improvements to it, was approved by the
House on October 22, 2013, by a vote of 402 to 0.
6. Promote Normalcy in Foster Care
Action Taken: On May 9, 2013, the Subcommittee on Human
Resources received testimony on policies and practices that
limit opportunities for foster youth and heard about recent
State efforts to allow foster parents and foster youth to make
reasonable decisions about the youth's participation in
everyday events and activities from: (i) The Honorable Nancy
Detert, Florida Senate Senator, District 28; (ii) Talitha
James, Foster Youth Fellow, Kidsave; (iii) Irene Clements,
President, National Foster Parent Association; (iv) David
Wilkins, Secretary, Florida Department of Children and Families
and Tanya Wilkins, Advocate for Foster Care and Adoption,
Governor's Office of Adoption and Child Protection; and (v)
Lynn Tiede, Senior Associate Director for Policy, Jim Casey
Youth Opportunities Initiative. Witnesses discussed ways in
which States have provided foster parents with more authority
to make day-to-day decisions for youth in their care and how
State policies might be changed to improve the lives of youth
in foster care.
7. Address Sex Trafficking of Youth in Foster Care
Action Taken: On October 23, 2013, the Subcommittee on
Human Resources received testimony on how the child welfare
system currently works to prevent the sex trafficking of youth
in foster care, how the needs of sex trafficking victims are
addressed, and how Federal laws and policies might be improved
to better ensure the safety and well-being of youth at risk of
abuse and neglect from: (i) The Honorable Erik Paulsen, U.S.
Representative from the State of Minnesota; (ii) The Honorable
Louise Slaughter, U.S. Representative from the State of New
York; (iii) The Honorable Ted Poe, U.S. Representative from the
State of Texas; (iv) The Honorable Karen Bass, U.S.
Representative from the State of California; (v) The Honorable
Orrin G. Hatch, U.S. Senator from the State of Utah; (vi)
Withelma ``T'' Ortiz Walker Pettigrew, Board Member, Human
Rights Project for Girls; (vii) John Ryan, CEO, National Center
for Missing and Exploited Children; (viii) The Honorable Bobbe
J. Bridge, President, CEO and Founder, Center for Children and
Youth Justice; (ix) Melinda Giovengo, Ph.D., Executive
Director, YouthCare; and (x) Ashley Harris, Child Welfare
Policy Associate, Texans Care For Children. Witnesses discussed
the importance of collecting better data on victims of sex
trafficking and ensuring that instances of sex trafficking are
reported to law enforcement. Witnesses also discussed how child
welfare policies might be changed to reduce the likelihood that
youth in foster care will become victims of sex trafficking.
1. Securing the Future of Social Security
Action Taken: On April 18, 2013, the Subcommittee held the
first in a series of hearings on the President's and other
bipartisan entitlement reform proposals. During this hearing,
the Subcommittee heard testimony from experts on using the
Chained Consumer Price Index (C-CPI) to determine the Social
Security cost of living adjustment. The Subcommittee received
testimony from (i) Erica L. Groshen, Commissioner, accompanied
by Michael W. Horrigan, Ph.D., Associate Commissioner, Office
of Prices and Living Conditions, Bureau of Labor Statistics,
Department of Labor; (ii) Jeffrey Kling, Ph.D., Associate
Director for Economic Analysis, Congressional Budget Office;
(iii) Ed Lorenzen, Executive Director, The Moment of Truth
Project, Committee for a Responsible Federal Budget; (iv) Nancy
Altman, Co-Chair, Strengthen Social Security Coalition; and (v)
Charles P. Blahous III, Ph.D., Trustee, Social Security and
Medicare Boards of Trustees. Commissioner Groshen stated the
Consumer Price Index for urban wage earners and clerical
workers (CPI-W) does not best represent the actual cost of
living for retirees, the self-employed, and households of
professionals. The C-CPI, compared with the CPI-W, better
accounts for how consumers substitute goods when faced with
price changes. Opponents argue that the C-CPI understates
inflation experienced by older Americans because of their
higher healthcare costs and limited ability to make
substitutions, with some arguing for the use of the Consumer
Price Index for the Elderly (CPI-E). According to Commissioner
Groshen, the CPI-E is an experimental index based on sample
sizes smaller than the ones used by the CPI-W. Additionally,
the CPI-E may not accurately reflect the consumer spending
habits of all Social Security beneficiaries, including
individuals with disabilities and children. Several witnesses
generally acknowledged that using the C-CPI to measure
inflation, which was included in President Obama's fiscal year
2014 Budget, represents a more accurate measure of overall
changes of the cost of living used to calculate government
payments, including Social Security benefits. Some witnesses
also argued for its inclusion as part of a larger reform
package to protect and preserve Social Security.
On May 23, 2013, the Subcommittee held a hearing on the
President's and other bipartisan entitlement reform proposals.
The hearing was the third in a series focusing specifically on
proposed adjustments to Social Security benefits, as included
in the report by the National Commission on Fiscal
Responsibility and Reform, and the report of the Bipartisan
Policy Center's Debt Reduction Task Force. Testimony was
received from (i) Ed Lorenzen, Executive Director, The Moment
of Truth Project, Committee for a Responsible Federal Budget;
(ii) G. William Hoagland, Senior Vice President, Bipartisan
Policy Center; (iii) Jason Fichtner, Senior Research Fellow,
Mercatus Center; (iv) Leticia Miranda, Senior Policy Advisor,
Economic Security Policy, National Council of La Raza; (v)
Donald Fuerst, Senior Pension Fellow, American Academy of
Actuaries; and (vi) C. Eugene Steuerle, Institute Fellow, Urban
Institute. Witnesses discussed bipartisan reform options and
their effects on the financial health of the program. One
option discussed would slow the growth of benefits for higher
income individuals by making the benefit formula more
progressive. A second option would raise the retirement age to
better account for increases in life expectancy. A third option
would increase benefits for specific groups who are considered
poorly served by the current benefit structure, such as
establishing a special minimum benefit for those with long
careers but low lifetime earnings. If no action is taken,
beneficiaries will experience an across the board cut in 2033
when the Social Security trust funds are unable to pay full
benefits. Instead, benefit adjustments could be targeted in
order to protect vulnerable populations while preserving the
program for future generations. All witnesses emphasized the
need to act soon in order to protect Social Security and ensure
the program continues to be there for those who need it most.
2. Strengthening the Disability Insurance (DI) Program
Actions Taken: On March 14, 2013, the Subcommittee held a
hearing on the financing challenges facing the Social Security
Disability Insurance (SSDI) Program. The Subcommittee received
testimony from (i) Joyce M. Manchester, Ph.D., Chief, Long-Term
Analysis Unit, Health, Retirement, and Long-Term Analysis
Division, Congressional Budget Office and (ii) Stephen C. Goss,
Chief Actuary, Social Security Administration. Witnesses
discussed the changes in demographics, federal policy, and
employment opportunities that drive the increased costs of the
disability insurance program; the essential income security
that the SSDI program provides; and the fact that program
revenues will only be able to pay 79 percent of benefits by
2016. Witnesses stressed the need to act soon to reform the
program.
On March 20, 2013, the Subcommittee held a hearing on the
challenges of achieving fair and consistent disability
decisions. The Subcommittee received testimony from (i) Patrick
P. O'Carroll, Jr., Inspector General, Social Security
Administration, accompanied by Heather Hermann, National
Coordinator, Cooperative Disability Investigations Program,
Office of the Inspector General; (ii) Arthur R. Spencer,
Associate Commissioner, Office of Disability Programs, Social
Security Administration; (iii) Kathy Ruffing, Senior Fellow,
Center on Budget and Policy Priorities; (iv) Trudy Lyon-Hart,
Director, Office of Disability Determination Services, Vermont
Agency of Human Services, on behalf of the National Council of
Disability Determination Directors; and (v) David Hatfield,
Administrative Law Judge (Retired). The hearing focused on the
policies that have expanded the role of subjective evaluations
in determining awards; how these policies may result in
unexplained variations in decision making; how these policies
undermine consistency and fairness in decisions; and anti-fraud
initiatives that keep undeserving individuals from receiving
benefits. Witnesses discussed the need to restructure the
definition of disability from one focused on an inability to
work to one instead focused on function.
On June 19, 2013, the Subcommittee held a hearing on
encouraging work through the Social Security Disability
Insurance program. Testimony was received from (i) Mark G.
Duggan, Ph.D., Professor, The Wharton School, University of
Pennsylvania; (ii) Mary C. Daly, Ph.D., Group Vice President
and Associate Director of Research, Federal Reserve Bank of San
Francisco; (iii) Kevin Ufier, National Director Managed
Disability, GENEX Services; (iv) Lisa D. Ekman, Director of
Federal Policy, Health & Disability Advocates, on behalf of the
Consortium for Citizens with Disabilities Social Security Task
Force; (v) James Smith, Budget and Policy Manager, Division of
Vocational Rehabilitation, Vermont Agency of Human Services;
(vi) David Weaver, Ph.D., Associate Commissioner, Office of
Program Development and Research, accompanied by Robert
Williams, Associated Commissioner, Office of Employment Support
Programs, Social Security Administration. Witnesses discussed
the impact of the SSDI program on the economy, efforts by the
Social Security Administration (SSA) to return individuals to
work, efforts internationally to return individuals to work,
and other options to encourage work. Witnesses argued for the
need to reexamine the SSA's return to work programs to enable
more individuals to leave the rolls and seek gainful
employment. Specifically, witnesses were critical of Social
Security's work support programs for their inability to
incentivize more beneficiaries to leave the rolls and their
lack of performance requirements. One reform discussed was
replacing the current ``cash cliff'' where beneficiaries are
ultimately ineligible for benefits should their earnings exceed
the substantial gainful activity level ($1040 in 2013 for those
who are not blind) with a benefit offset approach similar to
the Supplemental Security Income program. Instead of
terminating benefits once earnings exceed a predetermined
threshold, benefits would instead be gradually reduced by a
fixed ratio above a certain amount. Other reforms discussed
were to offer vocational and health benefits in lieu of cash
benefits; create incentives for firms to keep workers employed;
simplify earnings rules for beneficiaries; and allow States
more authority to target certain revenue streams to reduce SSDI
applications.
Other Actions Taken: On April 11, 2013, Social Security
Subcommittee Chairman Johnson, along with other members of the
Committee on Ways and Means, introduced H.R. 1502, ``The Social
Security Disability Insurance and Unemployment Benefits Double
Dip Elimination Act of 2013.'' The legislation would end the
ability to double dip by receiving SSDI and Unemployment
Insurance (UI) at the same time, as eligibility for SSDI
depends on the inability to work due to a disability while UI
eligibility requires an individual to be able and available to
work. A July 2012 report from the Government Accountability
Office (GAO) estimated that at least 117,000 individuals are
receiving concurrent SSDI and UI benefits in fiscal year (FY)
2010, and overlapping cash benefits paid to these individuals
totaled over $281 million from DI and more than $575 million
from UI. The President's FY 2014 budget included a similar
provision to prevent double dipping.
On December 5, 2013, Subcommittee Chairman Johnson was
added as a co-requester of a GAO review of the Social Security
Administration's efforts to guard against fraud in its
disability programs. This review was requested by Ranking
Member Orrin G. Hatch, Senate Committee on Finance.
3. Stewardship of Social Security Programs
Actions Taken: On June 5, 2013, the Subcommittee held a
hearing on how Social Security protects the benefits of those
who cannot protect themselves through the representative payee
program. The hearing focused on the findings of the GAO report
on the program's challenges, requested by Subcommittee Chairman
Johnson and other members of the Committee during the 112th
Congress. The report found that the SSA struggles to
effectively administer the representative payee program,
despite steps taken to address its challenges in identifying,
selecting, and monitoring representative payees. Testimony was
received from (i) Daniel Bertoni, Director, Education,
Workforce, and Income Security, Government Accountability
Office; (ii) LaTina Burse Greene, Assistant Deputy Commissioner
for Retirement and Disability Policy, Social Security
Administration; and (iii) Elmer L. Cerano, Executive Director,
Michigan Protection & Advocacy Service, on behalf of the
National Disability Rights Network. Witnesses highlighted the
SSA's challenges managing and overseeing the program, including
maintaining a pool of representative payees and monitoring
payees' use of beneficiaries' SSA funds. Witnesses also
stressed the need for the SSA to develop a long-term strategy,
develop ways to prevent criminals from serving as
representative payees, and recruit a larger number of qualified
payees in anticipation of demand for payees.
On September 19, 2013, the Subcommittee held a hearing on
the Social Security disability fraud conspiracy in Puerto Rico.
The Subcommittee received testimony from (i) Patrick P.
O'Carroll, Jr., Inspector General, Social Security
Administration, accompanied by Paul C. Lillios, Associate Chief
Administrative Law Judge, Social Security Administration, and
(ii) Beatrice M. Disman, Regional Commissioner, New York
Region, Social Security Administration. The hearing focused on
the investigation in Puerto Rico resulting in the arrest and
indictment of seventy-five individuals for Social Security
fraud, the SSA's oversight of the Social Security Disability
Insurance program in Puerto Rico, and Social Security's ongoing
efforts to prevent fraud. Witnesses discussed the effectiveness
of current fraud detection processes that allowed for the
uncovering of conspiracy in Puerto Rico and argued for
continued and improved measures to further fight fraud
nationwide.
Other Actions Taken: On November 18, 2011, Subcommittee
Chairman Johnson and other members of the Committee on Ways and
Means requested a report by the GAO to determine the
effectiveness of the SSA's representative payee program, in the
wake of the horrific treatment of beneficiaries found in
Philadelphia, Pennsylvania. On May 29, 2013, the GAO issued
their final report, ``SSA Representative Payee Program:
Addressing Long-Term Challenges Requires a More Strategic
Approach.'' The GAO found that the SSA struggles to effectively
administer the representative payee program, despite steps
taken to address its challenges in identifying, selecting, and
monitoring representative payees. The GAO's report cited
experts and stakeholders who suggested the program could be
improved by increasing the pool of readily available
representative payees, as well as by refining monitoring
practices. The experts interviewed by the GAO in the report
identified tradeoffs in those recommendations, citing the need
to balance potential benefits of SSA workload reductions with a
heightened risk of benefit misuse by payees. The report
concluded by emphasizing that the SSA has not fully evaluated
representative payee program reform options.
4. Protecting the Privacy of Social Security Numbers (SSN)
Actions Taken: On February 5, 2013, Subcommittee Chairman
Johnson, along with 6 cosponsors, introduced H.R. 781, the
``Medicare Identity Theft Prevention Act of 2013.'' The bill
would prohibit the inclusion of SSNs on seniors' Medicare cards
to guard against identity theft and fraud. A recent report by
the GAO confirmed that the Centers for Medicare and Medicaid
could remove the SSN on seniors' Medicare cards. Similar
legislation, H.R. 1509, was passed by the House during the
112th Congress.
On October 10, 2013, Ways and Means Subcommittee on Social
Security Chairman Johnson and Subcommittee on Health Chairman
Kevin Brady released a report by the GAO confirming that the
CMS could have easily incorporated plans to remove the SSN on
seniors' Medicare cards to guard against identity theft and
fraud. Nearly a decade ago, the Bush Administration issued an
order to remove all SSNs from public documents. Other agencies
have complied, but the GAO report shows the CMS has not even
begun to initiate such a project even though GAO indicates the
agency's information technology systems could incorporate a
simple translation strategy to make the change. The report was
initially requested on September 7, 2012, by Subcommittee
Chairman Johnson and then Subcommittee on Health Chairman
Herger asking GAO to further study CMS's efforts to find a
credible solution to remove SSNs from Medicare cards.
5. SSA's Information Technology (IT) Infrastructure
Actions Taken: On August 2, 2012, Subcommittee Chairman
Johnson requested a report from the SSA Office of Inspector
General (OIG) to review the Memorandum of Understanding (MoU)
between the SSA and the General Services Administration (GSA)
regarding the SSA's lease agreements for space. On December 28,
2012, the OIG issued its final report, ``Memorandum of
Understanding Between the General Services Administration and
the Social Security Administration.'' The report concluded that
critical elements of the MoU are not clear or are missing,
including an articulation of rent charged to the SSA for the
buildings the SSA purchased and the accounting process for
purchasing trust fund buildings purchased. The report
recommended legislation to return to the Social Security trust
funds proceeds obtained from the disposal of property purchased
with Social Security trust fund assets, and reduce or eliminate
indirect costs and fees paid to the GSA for trust fund
buildings. The report also recommended legislation to ensure
the SSA does not pay rent and other expenses to the GSA for the
SSA's new data center for which the SSA was directly
appropriated funding. The report concluded that the current MoU
should remain in use, but should enumerate the accounting
treatment of trust fund properties, allow the SSA or the OIG to
perform a review of any building costs, develop a description
and example of the year-end reconciliation process, and specify
all the information required for interagency agreements as set
forth in the SSA's Administrative Instructions Manual System.
6. Deployment of Resources
Action Taken: On April 26, 2013, the Subcommittee held a
hearing on the challenges facing the next Commissioner of
Social Security. Michael Astrue, who was appointed as
Commissioner by President George W. Bush, ended his term in
January 2013 and then Deputy Commissioner Carolyn Colvin was
named Acting Commissioner. Testimony was received from (i)
Patrick P. O'Carroll Jr., Inspector General, Social Security
Administration and (ii) Daniel Bertoni, Director, Education,
Workforce, and Income Security, Government Accountability
Office. The witnesses discussed the SSA's key management
challenges, including human capital, disability program issues,
information technology, physical infrastructure and program
integrity, along with the importance of the SSA developing a
long-term service delivery strategy to address these
challenges. Witnesses also pointed out that the SSA has not had
an entity or individual dedicated to strategic planning since
2008. Witnesses argued that without a long-term strategy, the
agency is poorly positioned to make informed decisions about
the critical functions needed to meet service demands and
retain public confidence in the agency's management of its
programs.
Other Actions Taken: On September 4, 2012, Subcommittee
Chairman Johnson sent a letter to the SSA Office of Inspector
General (OIG) requesting information regarding the SSA's recent
awarding of grants for the Disability Research Consortium to
Mathematica Policy Research and the National Bureau of Economic
Research. The letter requested the following information: the
amounts, time periods, and recipients of the grants; the
specific projects being funded and outside projects the funds
could be used for; the selection process and criteria for
projects; and the outreach process prior to receipt of
applications. The report, ``The Social Security
Administration's Disability Research Consortium,'' was issued
on February 1, 2013. According to the OIG, the SSA awarded 5-
year cooperative agreements from 2012 to 2017 for a total of $5
million. The SSA assigned a program official to arrange an
external panel of experts to review and score the applications,
similar to the practices of other prominent nonprofit and
government institutions. Applications were solicited on one or
more websites and several institutions, including the SSA, and
technical assistance was provided during the application
process.
C. Oversight Letters Issued by the Committee on Ways and Means
1. Letter to CMS Regarding the Self-Referral Disclosure Program
On January 14, 2013, Chairman Camp sent a letter to CMS
Acting Administrator Tavenner regarding CMS's statutorily
mandated annual report on the self-referral disclosure protocol
(SDRP). The protocol allows Medicare providers and suppliers to
self-disclose actual or potential violations of the physician
self-referral statute. The letter requested information about
all SDRP submissions since the start of the program.
2. Letter to HHS and DOJ Regarding the Health Care Fraud and Abuse
Control Program
On January 14, 2013, Chairman Camp sent a letter to HHS
Secretary Sebelius and Attorney General Holder regarding the
Health Care Fraud and Abuse Control Program (HCFAC). HCFAC was
established as part of the Health Insurance Portability and
Accountability Act of 1996 and amended by the Tax Relief and
Health Care Act. The program is funded largely by the Medicare
trust funds and funds are distributed to the HHS Inspector
General, CMS, United States Attorneys, FBI, and other entities.
The letter requested detailed information regarding the
distribution of HCFAC funds.
3. Letter to HHS Regarding Inaccurate Health Care Data
On January 25, 2013, Chairman Camp and Subcommittee on
Health Chairman Brady sent a letter to Secretary Sebelius
regarding concerns over inaccurate health care data at the
Department of Health and Human Services involving cost
contracts and their ability to accurately retain accurate
information in the upcoming health insurance exchanges.
4. Letter to Treasury and IRS Regarding Health Insurance Premium Tax
Credits
On January 29, 2013, Chairman Camp and Oversight and
Government Reform Committee Chairman Issa sent a letter to
Acting Treasury Secretary Wolin and Acting IRS Commissioner
Miller regarding the Treasury and IRS proposed and final rules
on health insurance premium tax credits contained in the
Affordable Care Act. The letter follows a series of letters
from the 112th Congress, in which the Committee on Ways and
Means and the Committee on Oversight and Government Reform
sought regulatory and legal analysis pertaining to the rule, as
well as documents and communications referring to the rule. The
letter requested unredacted versions of all documents produced
thus far and an update on the Committees' document request.
5. Letter to IRS Regarding the Registered Tax Return Preparer Program
On January 31, 2013, Oversight Chairman Boustany sent a
letter to Acting IRS Commissioner Miller regarding a January
18, 2013 U.S. District Court decision that held the IRS does
not have the authority to license and regulate tax preparers
under the Registered Tax Return Preparer Program (RTRP). The
program was suspended in the middle of the 2013 tax-filing
season. The letter requested a detailed description of the
IRS's plans to address the U.S. District Court's decision.
6. Letter to HHS Regarding Waivers of Work Requirements in the TANF
Program
On February 4, 2013, Chairman Camp and Senate Finance
Committee Ranking Member Hatch sent a letter to HHS regarding
the Secretary's July 2012 decision to allow States to seek
waivers of work requirements in the Temporary Assistance for
Needy Families program. The letter repeated Chairman Camp and
Senator Hatch's request for information on how the Department
determined it had such waiver authority, as well as asked why
the agency had not submitted the waiver proposal after the
Government Accountability Office determined it must be
submitted to Congress for approval before taking effect.
7. Letter to HHS Regarding Affordable Care Act Public Relations
Contracts
On February 5, 2013, Chairman Camp sent a letter to HHS
Secretary Sebelius following up on a series of letters,
including a subpoena, from the 112th Congress, seeking details
of the expenditure of taxpayer dollars to promote the Obama
Administration's policies through public relations contracts.
The letter requested all internal HHS communications relating
to public relations activities within HHS.
8. Letter to IRS Regarding Television or Movie Parodies Produced at the
IRS
On February 11, 2013, Oversight Chairman Boustany sent a
letter to Acting IRS Commissioner Miller regarding reports
given to Committee staff that the IRS had produced at least two
parody videos at its New Carrollton, MD studio, one depicting
characters from the television program ``Star Trek'' and the
other characters from ``Gilligan's Island.'' These videos,
according to the account, did not contain meaningful training
content. The letter requested all records relating to the
production of the videos, as well as an accounting of work-
hours and production costs dedicated to the production of the
videos.
9. Letter to GAO Regarding Medicare Administrative Contractors
On February 28, 2013, Oversight Chairman Boustany sent a
letter to Comptroller General Dodaro regarding Medicare
Administrative Contractors (MACs). MACs are overseen by CMS and
are responsible for paying Medicare claims and performing other
claims administration-related functions. The letter requested
that GAO undertake a study of MACs for the purpose of
determining the effectiveness of the current MAC arrangement,
and examining whether improvements could be made.
10. Letter to CMS Regarding Medicare Advantage Cuts
On February 28, 2013, Chairman Camp, Chairman Upton of the
Committee on Energy and Commerce and Ranking Member Orrin Hatch
of the Senate Committee on Finance sent a letter to Acting CMS
Administrator Marilyn Tavenner demanding answers on cuts to
Medicare Advantage Program under ObamaCare.
11. Letter to GAO Regarding Floating Rate Notes
On March 18, 2013, Chairman Camp sent a letter to
Comptroller General Dodaro regarding Treasury's plan to add
floating rate notes (FRNs) to its debt portfolio. FRNs were the
first new type of Treasury security introduced since 1997, and
it was unclear how they might affect Treasury operations, the
market for U.S. debt, and the federal government's borrowing
costs. The letter requested that GAO examine Treasury's
rationale for introducing FRNs at that time, the information
and analysis used to support Treasury's decision-making
process, and steps Treasury has taken to implement FRNs.
12. Letter to IRS Regarding Television and Movie Parodies
On March 20, 2013, Oversight Chairman Boustany sent a
letter to Acting IRS Commissioner Miller, following a February
11, 2013 letter regarding television and movie parodies
produced by the IRS at its New Carrollton, MD television
production studio. The letter indicated that the IRS's March 4,
2013 response to the letter was materially incomplete, and
requested an accounting of all costs associated with the
production of the ``Star Trek'' video, any communications
related to the video, and a detailed account of all taxpayer
money spent by and through the New Carrollton, MD studio.
13. Letter to IRS Regarding Affordable Care Act Resources
On March 21, 2013, Oversight Chairman Boustany sent a
letter to Acting IRS Commissioner Miller regarding the
resources the IRS was using to implement the ACA. The letter
requested the amount of unreimbursed detailees made available
to the IRS for ACA implementation, details surrounding any
staff reassigned to ACA implementation duties, the total
balance in the Health Insurance Reform Implementation Fund
(HIRIF), and the cost and FTE the IRS would require to
implement and administer the ACA over the next ten years.
14. Letter to HHS Regarding Affordable Care Act Draft Application
On March 25, 2013, Oversight Chairman Boustany sent a
letter to HHS Secretary Sebelius regarding the draft
application for health insurance pursuant to the ACA. The
letter requested all drafts of the list of questions, the
titles of all individuals responsible for the document,
information regarding the department's collection of voter
information in the application, and information regarding the
Navigator Program.
15. Letter to IRS Regarding Taxpayer Privacy
On April 11, 2013, Oversight Chairman Boustany sent a
letter to Acting IRS Commissioner Miller regarding media
reports that it is the IRS's view that the agency does not need
a search warrant to review certain electronic communications by
private citizens, such as Facebook and Twitter. The letter
requested information on the IRS's current policy on searching
taxpayer emails, any internal communications regarding changes
to the IRS's policies on searching taxpayer emails, the IRS's
current policy on searching and reviewing taxpayer social media
profiles, and the number of times the IRS searched taxpayer
emails and social media profiles between 2010 and 2013.
16. Letter to IRS Regarding Union Activity on Official Time
On April 18, 2013, Oversight Chairman Boustany sent a
letter to Acting IRS Commissioner Miller regarding IRS
employees attending National Treasury Employees Union (NTEU)
conferences while on official time. Documents obtained by the
Committee indicate the IRS approved union employees to spend
20.5 hours of official time in union training per union chapter
representative between March and May. The letter requested
information regarding the number of hours IRS employees spent
on union activity, IRS's travel expenses for union activity,
all NTEU training materials, dates of NTEU conferences, and
information about NTEU training itself.
17. Letter to DOL Regarding Data Exchange Standards in P.L. 112-96
On April 26, 2013, the Republican members of the
Subcommittee on Human Resources sent a letter to DOL expressing
their views on how to improve the efficiency of data exchanges
within and across human services programs.
18. Letter to DOL Regarding the Implementation of the Unemployment
Insurance Reforms Contained in P.L. 112-96
On May 1, 2013, the Republican members of the Subcommittee
on Human Resources, along with Health Subcommittee Chairman
Brady, sent a letter to DOL to encourage the implementation of
a provision in P.L. 112-96 that allowed the screening and
testing of certain unemployment benefit claimants for illegal
drugs. A follow up letter was sent on June 13, 2013.
19. Letter to IRS Regarding Tea Party Targeting
On May 10, 2013, Oversight Chairman Boustany sent a letter
to Acting IRS Commissioner Miller regarding then-IRS Exempt
Organizations Division Director Lois Lerner's May 10, 2013
admission that the IRS engaged in targeting of conservative
groups seeking tax-exempt status. The letter requested all
communications containing the words ``tea party,'' ``patriot,''
or ``conservative,'' and asked that the IRS provide the names
and titles of all individuals involved.
20. Letter to IRS Regarding the Targeting of Conservative Groups for
Tax-Exempt Status
On May 14, 2013, Chairman Camp and Ranking Member Levin
sent a letter to Acting IRS Commissioner Miller regarding the
IRS's admission that it singled out organizations for
additional review based on their political beliefs. The letter
followed IRS Exempt Organizations Division Director Lois
Lerner's May 10, 2013 admission that the IRS targeted certain
taxpayers based on their political beliefs. The letter
requested detailed information regarding the nature and extent
of the targeting, asked about the preparation of the IRS's
responses to Committee inquiries on the topic, and requested
internal documents and communications with the White House and
Treasury pertaining to the targeting.
21. Letter to HHS Requesting Information on the ACA's Navigators
Program
On May 15, 2013, Chairman Boustany of the Subcommittee on
Oversight and Chairman Brady of the Subcommittee on Health sent
a letter to Secretary Sebelius requesting oversight and further
information regarding the ACA's navigators program.
22. Letter to State Child Welfare Administrators
On June 4, 2013, the entire Human Resources Subcommittee
wrote a letter to State Child Welfare Administrators requesting
feedback regarding state efforts to promote the normalcy of
youth in foster care.
23. Letter to Treasury Regarding the Targeting of Conservative Groups
for Tax-Exempt Status
On June 13, 2013, Chairman Camp, Oversight Subcommittee
Chairman Boustany, Oversight and Government Reform Chairman
Issa, and Oversight and Government Reform Subcommittee on
Economic Growth, Job Creation and Regulatory Affairs Chairman
Jordan sent a letter to Treasury Secretary Lew regarding
Treasury's role in the IRS's targeting of conservative groups
for tax-exempt status. The letter requested all documents
relating to IRS procedures for evaluating tax-exempt
applications, all pertinent communications between Treasury
employees and IRS employees, all documents relating to the
TIGTA audit report Inappropriate Criteria Were Used to Identify
Tax-Exempt Applications for Review, and documents relating to
correspondence with Congress.
24. Letter to HHS Regarding a Briefing on the Federal Data Services Hub
On June 28, 2013, Chairman Camp and other Committee Members
sent a letter to HHS Secretary Sebelius regarding the Federal
Data Services Hub. The Government Accountability Office (GAO)
had previously reported that HHS missed several deadlines for
setting up the ACA insurance exchanges. Additionally, the
letter noted that the Federal Data Services Hub is responsible
for transmitting sensitive information, yet had not been
tested. The letter requested a briefing on the current status
of the Federal Data Services Hub.
25. Letter to President Barack Obama Requesting Information on Employer
Mandate Delay
On July 9, 2013, Speaker Boehner, Majority Leader Eric
Cantor, Majority Whip Kevin McCarthy, Deputy Majority Whip
Peter Roskam, Chairman Camp, Policy Committee Chairman James
Lankford, Chairman Kline of the Committee on Education and the
Workforce, Chairman Upton of the Committee on Energy and
Commerce, Republican Conference Chairman Cathy Rodgers,
Republican Conference Vice Chair Lynn Jenkins, and Chairman
Ryan of the Committee on the Budget sent a letter to the
President requesting details on the employer mandate delay.
26. Letter to HHS Regarding Financial Management Risks
On July 10, 2013, Senator Tom Coburn and Oversight
Subcommittee Chairman Boustany sent a letter to Secretary
Sebelius questioning weaknesses in HHS' financial management
due to the focus placed on ACA implementation.
27. Letter to CBO Regarding the Delay of the ACA Employer Mandate
On July 10, 2013, Chairman Camp, Chairman Ryan of the
Committee on the Budget, Chairman Upton of the Committee on
Energy and Commerce, Chairman Kline of the Committee on
Education and the Workforce and Ranking Member Alexander of the
Senate Committee on Health, Education, Labor and Pensions,
Ranking Member Sessions of the Committee on the Budget, and
Ranking Member Hatch of the Senate Committee on Finance sent a
letter to Director Elmendorf of the Congressional Budget Office
requesting an analysis of the budgetary effects of delaying
ObamaCare's employer mandate and reporting requirements.
28. Letter to IRS Regarding the IRS's Inadvertent Release of Social
Security Numbers
On July 22, 2013, Oversight Chairman Boustany and Social
Security Chairman Johnson sent a letter to IRS Principal Deputy
Commissioner Werfel regarding the IRS's inadvertent release of
thousands of Social Security Numbers (SSNs). According to
information from Public.resource.org, SSNs accidentally
included on 990-T forms were posted on the IRS's website for
political nonprofit groups organized under Section 527 of the
Internal Revenue Code. The letter requested information
regarding the accuracy of the Public.resource.org reports, the
number of individual SSNs released since July 2008, and agency
safeguards to protect against identity theft.
29. Letter to Treasury Regarding Delay of the Employer Mandate
On July 22, 2013, Chairman Camp, Oversight Chairman
Boustany, and Health Chairman Brady sent a letter to Treasury
Secretary Lew regarding the Obama Administration's delay of the
ACA's employer reporting requirements and employer mandate tax
penalties. The letter requested information regarding the
development of the decision to delay the provisions, as well as
information Treasury officials relied on in the decision making
process.
30. Letter to IRS Regarding Personnel Issues
On July 24, 2013, Chairman Camp and Oversight and
Government Reform Chairman Issa sent a letter to IRS Principal
Deputy Commissioner Werfel regarding personnel issues. The
letter requested whether IRS employees Joseph Grant, Holly Paz,
and Lois Lerner continued to have access to IRS systems, and
information regarding their employment statuses. The letter
also requested information regarding all bonuses the IRS paid
since January 1, 2010, as well as bonuses awarded to Grant,
Lerner, Paz, and Steve Miller.
31. Letter to IRS Regarding the Pace of Document Production
On July 24, 2013, Chairman Camp and Ranking Member Levin
sent a letter to IRS Principal Deputy Commissioner Werfel
regarding the pace of document production pursuant to their
letter of May 14, 2013. The letter raised concerns that the IRS
was not producing documents in a timely manner and requested an
explanation of the specific steps taken to expedite the
production.
32. Letter to Treasury Regarding Premium Tax Credits
On July 25, 2013, Chairman Camp, Oversight Subcommittee
Chairman Boustany, Oversight and Government Reform Chairman
Issa, and Oversight and Government Reform Subcommittee on
Energy Policy, Health Care & Entitlements Chairman Lankford
sent a letter to Treasury Secretary Lew regarding premium tax
credits under the ACA. The letter followed a series of
correspondence between the Committees and Treasury about the
Committees' repeated requests for legal analysis justifying
Treasury's decision to extend premium credits to individuals in
federal government-run insurance exchanges. The letter
requested all documents and communications relating to the
ACA's legislative history, the working group tasked with
drafting the rule in question, and other pertinent documents.
33. Letter to IRS Regarding IRS-FEC Communications
On July 30, 2013, Chairman Camp and Oversight Chairman
Boustany sent a letter to IRS Principal Deputy Commissioner
Werfel regarding possibly inappropriate communication between a
Federal Election Commission (FEC) official and then-IRS Exempt
Organizations Division Director Lois Lerner. The letter
requested all communications between the IRS and the FEC
between 2008 and 2012, as well as specific communications
regarding four particular organizations.
34. Letter to IRS Regarding IRS Policy on Religious Groups
On July 31, 2013, Oversight Chairman Boustany sent a letter
to IRS Principal Deputy Commissioner Werfel to follow up on an
exchange between Rep. Aaron Schock and Acting IRS Commissioner
Miller at a May 17, 2013 Ways and Means Committee hearing in
which Rep. Schock asked whether it was appropriate for IRS
revenue agents to ask applicants for tax-exempt status about
the content of their prayers. The letter requested information
relating to current IRS policy and practice as to inquiring
about applicants' religious beliefs and practices, as well as
information relating to safeguards to ensure inappropriate
inquiries are not made.
35. Letter to IRS Regarding Continued Targeting of Groups Based on
Their Political Beliefs
On August 12, 2013, Chairman Camp and Oversight Chairman
Boustany sent a letter to Acting IRS Commissioner Werfel
regarding information the Committee learned in its
investigation that screening based on organization name was in
fact continuing, despite the IRS's assertions to the contrary.
The letter quoted the transcript of a Committee interview with
a Cincinnati-based IRS employee and asked Acting Commissioner
Werfel to take corrective action.
36. Letter to GAO Regarding Engaging TANF Recipients in Work Activities
On September 24, 2013, Human Resources Subcommittee
Chairman Reichert, along with Senate Finance Committee Ranking
Member Hatch, sent a letter to GAO regarding Deficit Reduction
Act (DRA) provisions that sought to strengthen the work
requirements and improve related data verification procedures
states could use to create meaningful work participation goals.
37. Letter to IRS Regarding Exempt Organizations Division Backlog
On October 7, 2013, Oversight Chairman Boustany sent a
letter to Acting IRS Commissioner Werfel regarding the IRS's
Exempt Organizations Division case backlog. The letter
requested an accounting of all 501(c)(3) and (4) applications
in the IRS inventory as of September 18, 2013, the number of
organizations in the inventory for at least 120, 270, and 365
days, and a comparison between the inventory size in September
2013 and in September 2012.
38. Letter to IRS Regarding Delay of the 2014 Tax Filing Season and ACA
Implementation
On October 23, 2013, Chairman Camp sent a letter to Acting
IRS Commissioner Werfel regarding the IRS's claim that it must
delay the start of the 2014 Tax Filing Season due to the
government shutdown and to inquire whether and to what extent
ACA implementation continued during the shutdown.
39. Letter to IRS Regarding the Delay of the Tax Filing Season
On October 23, 2013, Chairman Camp sent a letter to Acting
Commissioner of the IRS Daniel Werfel questioning the agency's
decision to delay the start of tax filing season in order to
focus on ObamaCare.
40. Letter to OMB Ensuring that Recently Furloughed Federal Employees
Receiving Back Pay Will Not Also Receive Unemployment Insurance
On October 23, 2013, Chairman Camp and Human Resources
Subcommittee Chairman Reichert along with 17 other Republican
Committee on Ways and Means Members sent a letter to OMB to
ensure that furloughed federal employees should not
simultaneously receive back pay and unemployment benefits.
41. Letter to CMS Regarding ACA Enrollment Data
On November 1, 2013, Chairman Camp sent a letter to
Administrator Marilyn Tavenner from CMS requesting the
immediate release of enrollment data for ObamaCare after
learning that the enrollment numbers the Administrator said at
a hearing were unavailable were being discussed at daily
meetings at the Agency.
42. Letter to IRS Regarding Eligibility for Premium Tax Credits
On November 5, 2013, Chairman Camp sent a letter to the
Acting Commissioner of the IRS Daniel Werfel requesting the
availability of all information regarding the number of
individuals for whom the IRS has made a preliminary or final
determination of eligibility for premium tax credits.
43. Letter to IRS Regarding Disclosure of ACA Data
On November 6, 2013, Chairman Camp sent a letter to IRS
Acting Commissioner Danny Werfel requesting the disclosure of
ACA enrollment and eligibility data.
44. Letter to Treasury, IRS, and State Regarding a Special Israel
Policy
On November 7, 2013, Chairman Camp sent a letter to
Treasury Secretary Lew, IRS Acting Commissioner Werfel, and
State Secretary Kerry regarding the treatment of exempt
organizations with an interest in the State of Israel. The
letter requested all communications and documents between IRS
and State, as well as IRS and Treasury referring or relating to
Israel, as well as documents containing several key words
pertaining to Israel.
45. Letter to CMS Regarding Self-Referral Disclosure Protocol
On November 13, 2013, Oversight Chairman Boustany sent a
letter to Centers for Medicare & Medicaid Services (CMS)
Administrator Tavenner regarding the Stark Law and the Self-
Referral Disclosure Protocol (SDRP). The letter referenced the
Committee's ongoing evaluation of technical violations of the
law. The letter requested information relating to all technical
violations reported to CMS in the past five years.
46. Letter to HHS Regarding the Income Verification System for Health
Insurance Exchanges
On November 20, 2013, Chairman Camp and Republican House
Ways and Means Members sent a letter to Secretary Sebelius
requesting information on the Income Verification System for
Health Insurance Exchanges.
47. Letter to GAO Regarding Review of IRS 2015 Budget Request
On November 21, 2013, Oversight Chairman Boustany and
Oversight Ranking Member Lewis sent a letter to Comptroller
General Dodaro requesting that GAO conduct a review of the
IRS's forthcoming 2015 budget request.
48. Letter to GAO Regarding Review of IRS 2014 Filing Season
On November 21, 2013, Oversight Chairman Boustany and
Oversight Ranking Member Lewis sent a letter to Comptroller
General Dodaro requesting that GAO conduct a review of the
IRS's upcoming 2014 filing season performance.
D. Subpoenas Issued by the Committee on Ways and Means
Committee Chairman Dave Camp (R-MI) issued a subpoena to
Centers for Medicare and Medicaid Services (CMS) to provide all
data the agency has on enrollment in the Exchanges. The
subpoena came after CMS refused to provide enrollment data for
the ObamaCare Exchanges. The data was first requested by
Chairman Camp during a hearing with CMS Administrator Tavenner
and in a letter Friday, November 1, 2013.
In a letter to CMS accompanying the subpoena, Chairman Camp
stated, ``Millions of Americans are receiving cancellation
notices for their insurance policies, and yet the
Administration has failed to create and implement viable
Exchanges where Americans can enroll in affordable coverage.
Furthermore, the failure to sign up enough people, especially
young Americans, will lead to an even greater increase in
premiums--pushing health care out of reach for millions of
Americans and shifting even higher costs onto those who already
have health insurance through their job. . . . Due to the
Administration's inability to adequately and effectively solve
these problems, Congress may need to act to mitigate this
crisis. We are past the point of rallies, rollouts and
revisionism. Congress and the American people need the facts.''
Chairman Camp demanded CMS provide the documents by close
of business November 8, 2013. The Agency failed to comply with
the document request by the November 8, 2013, deadline. After
repeated discussions, on December 3, 2013, CMS ultimately
agreed to provide confidential enrollment data to Committee
staff on a bipartisan basis. CMS has provided weekly updates
via conference call, but as of December 31, 2013, has not yet
produced any demographic information about the enrollees and
has been unable to provide information on the number of
enrollees who have actually completed the process and paid the
first month's premium.
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.
On October 17, 2013, the President signed into law H.R. 2775,
``The Continuing Appropriations Act, 2014'' (Public Law 113-46)
suspending the statutory limit on the amount of public debt
(``the debt ceiling'') until February 7, 2014. All debt
occurred during the time period of October 17, 2013 and
February 7, 2014, will be added to the previous debt ceiling of
$16.699 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 163
million workers in employment covered by the program,
and for calendar year 2012, $774.8 billion in benefits
were paid almost 57 million individuals.
(b) Medicare (Title XVIII)--Finances health care
benefits through the Hospital Insurance trust fund for
41.8 million persons over the age of 65 and for 8.5
million disabled persons. Finances voluntary health
care benefits through the Supplementary Medical
Insurance trust fund for 38.7 million aged persons and
7.7 million disabled persons. Total program outlays
through these trust funds were $574.2 billion in 2012.
(c) Supplemental Security Income (SSI) (Title XVI)--
The SI 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, 8.9 million
individuals received Federal SSI benefits on a monthly
basis. Of these 8.9 million persons, approximately 2.1
million were eligible on the basis of age, and 6.8
million on the basis of blindness or disability.
Federal expenditures for cash SSI payments in 2012
totaled $48.8 billion, while State expenditures for
federally administered SSI supplements totaled $3.3
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 awarded to States to provide
income assistance to poor families, to end dependency
on welfare benefits to prevent non-marital 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 June 2013, about 1.7
million families and 4.0 million individuals received
benefits from the TANF program.
(e) Child support enforcement (Part D of Title IV)--
In fiscal year 2012 Federal administrative expenditures
totaled $5.6 billion for child support enforcement
program. Child support collections for the year totaled
$27.7 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 2013,
Federal funding for child welfare services totaled $688
million. Federal funding for foster care and adoption
assistance were approximately $6.7 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 fiscal year 2012, an
estimated $68.0 billion was paid in unemployment
compensation, with approximately 8.3 million workers
receiving their first unemployment compensation
payment.
(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 2012, $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 113TH 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)]
------------------------------------------------------------------------
Description of Senate action
H. Res., sponsor, and date of House (and related House action, if
passage any)
------------------------------------------------------------------------
112th Congress:
H. Res. 829, Mr. Camp.............. On December 4, 2012, the Senate
December 12, 2012 passed S. 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
September 23, 2010 passed H.R. 5875, ``Emergency
Border Supplemental
Appropriations Act, 2010''
with an amendment. Contained
in this legislation was a
provision that 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 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.
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.
107th Congress:
H. Res. 240, Mr. Thomas............ On September 13, 2001, the
September 20, 2001 Senate passed 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
November 18, 1999 Senate passed 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
July 16, 1999 passed S. 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
October 15, 1998 passed S. 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
March 5, 1998 passed S. 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
September 28, 1996 passed H.R. 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
September 27, 1996 Senate passed 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
April 16, 1996 passed S. 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
March 21, 1996 passed S. 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
October 7, 1994 passed S. 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
August 12, 1994 passed H.R. 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
July 21, 1994 passed S. 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
July 21, 1994 passed S. 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
July 14, 1994 passed H.R. 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. Rostenkowski...... On August 1, 1991, the Senate
February 25, 1992 passed S. 884 amended, the
Driftnet Moratorium
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. Rostenkowski...... On February 20, 1991, the
October 31, 1991 Senate passed S. 320, to
reauthorize the Export
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
October 22, 1991 passed S. 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
Nov. 9, 1989 passed S. 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. Rostenkowski...... On Apr. 19, 1989, the Senate
June 15, 1989 passed S. 774, the Financial
Institution Reform, 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. Rostenkowski...... On Mar. 30, 1987, the Senate
July 30, 1987 passed S. 829, legislation
which would authorize
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. Rostenkowski...... On Oct. 6, 1987, the Senate
June 16, 1988 (see also H.R. 3391) passed S. 1748, legislation
which would prohibit the
importation into the United
States of all products from
Iran. (The House passed H.R.
3391, which included similar
provisions, on Oct. 6, 1987.)
H. Res. 479, Mr. Rostenkowski...... On May 13, 1987, the Senate
June 21, 1988 (see also H.R. 2792 passed S. 727, legislation
and H.R. 4333) which would clarify Indian
treaties and Executive orders
with respect to fishing
rights. This 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. Rostenkowski...... On Sept. 9, 1988, the Senate
Sept. 23, 1988 (see also H.R. 1154) passed S. 2662, the Textile
and Apparel Trade Act of 1988.
This legislation would impose
global import quotas on
textiles and footwear
products.
H. Res. 552, Mr. Rostenkowski...... On Sept. 9, 1988, the Senate
Sept. 28, 1988 passed S. 2763, the Genocide
Act of 1988. This legislation
contained a ban on the
importation of all oil and oil
products from Iraq.
H. Res. 603, Mr. Rostenkowski...... On Mar. 30, 1988, the Senate
Oct. 21, 1988 passed S. 2097, the Uranium
Mill Tailings Remedial 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. Rostenkowski...... On Aug. 8, 1988, the Senate
Oct. 21, 1988 passed H.R. 1315, legislation
which would authorize
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. Rostenkowski...... On Sept. 26, 1985, the Senate
Oct. 1, 1985 passed S. 1712, legislation
which would extend the 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. Rostenkowski...... The Senate passed S. 638,
Sept. 25, 1986 legislation to provide for the
sale of Conrail to the Norfolk
Southern Railroad. The
legislation contained numerous
provisions relating to the tax
treatment of the sale of
Conrail.
98th Congress:
H. Res. 195, Mr. Rostenkowski...... On Apr. 21, 1983, the Senate
June 17, 1983 passed S. 144, a bill to
insure the continued 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.
[H102-p. H8621]
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 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. H9396]
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 or 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 in 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.\3\ 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:
\3\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.\4\
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\4\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.\5\
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\5\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.\6\
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\6\3 Cong. Rec. 881
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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.\7\
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\7\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;\8\
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\8\7 Cong. Rec. 412
* * * * * * *
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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.\9\
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\9\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.\10\
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.
---------------------------------------------------------------------------
\10\Alexander, De Alva Stanwood. History and Procedure of the House
of Representatives. 1916
---------------------------------------------------------------------------
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.\11\
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\11\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.\12\
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\12\39 Cong. Rec. 1316
The influence of 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 113th 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
Secretary of State:
James G. Blaine, Maine
William J. Bryan, Nebraska
Cordell Hull, Tennessee2
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
Secretary of the Interior:
Rogers C.B. Morton, Maryland
Jacob Thompson, Mississippi
Secretary of Agriculture:
Clinton P. Anderson, New Mexico
Secretary of Commerce and Labor:
Victor H. Metcalf, California
Secretary of Commerce:
Rogers C.B. Morton, Maryland
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
Appendix III. Statistical Review of the Activities of the Committee on
Ways and Means
(January 3, 2013-December XX, 2013)
A. Number of Bills and Resolutions Referred to the Committee
During the 113th Congress a total of 881 bills were
referred to the Committee, representing 23.2 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 113TH CONGRESS
----------------------------------------------------------------------------------------------------------------
Introduced in Referred to
House Committee 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
113th Congress............................................... 3,795 881 23.21
----------------------------------------------------------------------------------------------------------------
B. Public Hearings
During the 113th 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 2013 budget proposals,
tax reform, health and Social Security issues, and trade
policy.
As the statistics below indicate, during the 113th
Congress, the full Committee and its six Subcommittees held
public hearings aggregating a total of 49, during which time
219 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 113th
Congress.
TABLE 2--PUBLIC HEARINGS CONDUCTED BY THE FULL COMMITTEE ON WAYS AND
MEANS
------------------------------------------------------------------------
Number of--
Subject and date ---------------------
Days Witnesses
------------------------------------------------------------------------
2013:
Debt Limit, January 22........................ 1 4
Tax Reform and Charitable Contributions, 1 41
February 14..................................
Tax Reform and Tax Provisions Affecting State 1 4
and Local Governments, March 19..............
President's Fiscal Year 2014 Budget Proposal 1 1
with U.S. Department of the Treasury
Secretary Jacob J. Lew, April 11.............
President's Fiscal Year 2014 Budget Proposal 1 1
with U.S. Department of Health and Human
Services Secretary Kathleen Sebelius, April
12...........................................
Tax Reform and Residential Real Estate, April 1 9
25...........................................
Internal Revenue Service Targeting 1 2
Conservative Groups, May 17..................
Organizations Targeted by Internal Revenue 1 6
Service for Their Personal Beliefs, June 4...
Tax Reform: Tax Havens, Base Erosion and 1 3
Profit-Shifting, June 13.....................
Status of Internal Revenue Service's Review of 1 1
Taxpayer Targeting Practices, June 27........
President Obama's Trade Policy Agenda with 1 1
U.S. Trade Representative Michael Froman,
July 18......................................
Status of the Affordable Care Act 1 2
Implementation, August 1.....................
Status of the Affordable Care Act 1 1
Implementation, October 29...................
Total for 113th Congress.................. 13 76
------------------------------------------------------------------------
The six Subcommittees of the Committee on Ways and Means
were also very active in conducting public hearings during the
113th 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
------------------------------------------------------------------------
Number of--
Subject and date ---------------------
Days Witnesses
------------------------------------------------------------------------
SUBCOMMITTEE ON SOCIAL SECURITY
2013:
Financing Challenges Facing the Social 1 2
Security Disability Insurance Program, March
14...........................................
Challenges of Achieving Fair and Consistent 1 5
Disability Decisions, March 20...............
The President's and Other Bipartisan 1 5
Entitlement Reform Proposals, April 18.......
The Challenges Facing the Next Commissioner of 1 2
Social Security, April 26....................
The President's and Other Bipartisan 1 6
Entitlement Reform Proposals, May 23.........
How Social Security Protects the Benefits of 1 3
Those Who Cannot Protect Themselves, June 5..
Encouraging Work Through the Social Security 1 6
Disability Insurance Program, June 19........
Social Security Disability Fraud Conspiracy in 1 2
Puerto Rico, September 19....................
Total for 113th Congress.................. 8 31
SUBCOMMITTEE ON TRADE
2013:
U.S.-India Trade Relations: Opportunities and 1 5
Challenges, March 13.........................
U.S.-EU Trade and Investment Partnership 1 4
Negotiations, May 16.........................
U.S.-Brazil Trade and Investment Relationship: 1 4
Opportunities and Challenges, June 12........
Total for 113th Congress.................. 3 13
SUBCOMMITTEE ON HEALTH
2013:
Examining Traditional Medicare's Benefit 1 3
Design, Feb 26...............................
MedPAC's Annual March Report to Congress, 1 1
March 15.....................................
Developing a Viable Medicare Physician Payment 1 5
Policy, May 7................................
The President's and Other Bipartisan Proposals 1 3
to Reform Medicare, May 21...................
The President's and Other Bipartisan Proposals 1 2
to Reform Medicare Post-Acute Care Payments,
June 14......................................
2013 Medicare Trustees Report, June 20........ 1 2
Delay of the Employer Mandate, July 10........ 1 6
Second Hearing on the Delay of the Employer 1 1
Mandate Penalties and Reporting Requirements,
July 17......................................
Challenges of the Affordable Care Act, 1 4
December 4...................................
Total for 113th Congress.................. 9 27
SUBCOMMITTEE ON OVERSIGHT
2013:
Tax-Related Provisions in the President's 1 7
Health Care Law, March 5.....................
Examining the Government's Ability to Continue 1 5
Operations When at the Statutory Debt Limit,
April 10.....................................
Internal Revenue Service Operations and the 1 1
2013 Tax Return Filing Season, April 25......
Internal Revenue Service's Colleges and 1 1
Universities Compliance Project, May 8.......
Internal Revenue Service's Exempt 1 1
Organizations Division Post-TIGTA Audit,
September 18.................................
Total for 113th Congress.................. 5 15
SUBCOMMITTEE ON HUMAN RESOURCES
2013:
Increasing Adoptions from Foster Care, 1 4
February 27..................................
Chairman Reichert Announces Hearing on Waiving 1 5
Work Requirements in the TANF Program,
February 28..................................
Implementation of 2012 Unemployment Insurance 1 5
Reforms, April 16............................
Letting Kids Be Kids: Balancing Safety with 1 5
Opportunity for Foster Youth, May 9..........
Reviewing How Today's Fragmented Welfare 1 5
System Fails to Lift Up Poor Families, June
18...........................................
Evaluating Efforts to Help Families Support 1 5
their Children and Escape Poverty, July 17...
Improving the Safety Net to Ensure Families 1 4
Receive Real Help, July 31...................
Ending Cash for Convicts and Other Ways to 1 5
Improve the Integrity of the UI Program,
September 11.................................
Preventing and Addressing Sex Trafficking of 1 10
Youth in Foster Care, October 23.............
Total for 113th Congress.................. 9 48
SUBCOMMITTEE ON SELECT REVENUE MEASURES
2013:
Financial Products Tax Reform Discussion 1 5
Draft, March 20..............................
Small Business and Pass-Through Entity Tax 1 4
Reform Discussion Draft, May 15..............
Total for 113th Congress.................. 2 9
------------------------------------------------------------------------
C. Markup Sessions
With respect to markup or business sessions during the
113th Congress, the full Committee held such sessions on 6
working days.
D. Number and Final Status of Bills Reported From the Committee on Ways
and Means in the 113th Congress
During the 113th Congress, the Committee reported to the
House a total of 3 bills favorably. There were 21 bills
containing provisions within the purview of the Committee that
were passed by the House; 6 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 113th 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 Membership of the Committee
1. MEMBERS OF THE COMMITTEE ON WAYS AND MEANS FROM THE 1ST THROUGH THE
113TH CONGRESS, BY STATE
[Beginning with the 104th Congress, Intra-Congress Committee Membership
changes are footnoted]
------------------------------------------------------------------------
Members 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
Arthur 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
Tim Griffin................................ 113-
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......................... 94-112
John H. Rousselot.......................... 95-97
Robert T. Matsui........................... i97-104
William M. Thomas.......................... 98-109
Wally Herger............................... 103-112
Xavier Becerra............................. 103-
Mike Thompson.............................. 109-
Devin Nunes................................ ii109-
Linda Sanchez.............................. 113-
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................................. iii104-109
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...................... 31-31, 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, 113-
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
Todd Young................................. 113-
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 Nussel................................. 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................................ iv110-112
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, v105-109
Jim McCrery................................ 103-110
Jimmy Hayes................................ vi104
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............................ 110-112
Dean Heller................................ vii111-112
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, viii104-110
Amo Houghton............................... 103-108
Thomas M. Reynolds......................... 109-110
Joseph Crowley............................. 110-
Brian Higgins.............................. 111
Christopher Lee............................ ix112
Tom Reed................................... x112-
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................................ xi104-109
Stephanie Tubbs Jones...................... xii108-110
Pat Tiberi................................. 110-
Jim Renacci................................ 113-
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
Mike Kelly................................. 113-
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.............................. xiii104
Lloyd Doggett.............................. 104-
Kevin Brady................................ 107-
Max Sandlin................................ 108
Kenny Marchant............................. xiv112-
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
------------------------------------------------------------------------
i Reelected to the 109th Congress; died January 1, 2005.
ii Appointed May 5, 2005.
iii Resigned September 29, 2006.
iv Resigned July 31, 2012.
v Pursuant to H.Res. 872, removed June 16, 2006.
vi Appointed January 25, 1996.
vii Appointed to Senate April 27, 2011.
viii Appointed January 25, 1996.
ix Resigned February 9, 2011.
x Appointed June 13, 2011.
xi Resigned April 29, 2005.
xii Died, August 20, 2008.
xiii Appointed July 10, 1995.
xiv Appointed March 15, 2011.