House Report 114-887 - REPORT ON THE LEGISLATIVE AND OVERSIGHT ACTIVITIES of the COMMITTEE ON WAYS AND MEANS during the 114TH CONGRESS

[House Report 114-887]
[From the U.S. Government Publishing Office]

Union Calendar No. 697

114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-887

_____________________________________________________________________

REPORT ON THE LEGISLATIVE AND
OVERSIGHT ACTIVITIES

of the

COMMITTEE ON WAYS AND MEANS

during the

114TH CONGRESS

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

December 22, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed

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

Union Calendar No. 697

114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-887
_______________________________________________________________________

REPORT ON THE LEGISLATIVE AND

OVERSIGHT ACTIVITIES

of the

COMMITTEE ON WAYS AND MEANS

during the

114TH CONGRESS

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

December 22, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed

----------

U.S. GOVERNMENT PUBLISHING OFFICE
23-126 WASHINGTON : 2016

COMMITTEE ON WAYS AND MEANS
One Hundred Fourteenth Congress

Kevin Brady, Texas, Chairman

Sam Johnson, Texas Sander M. Levin, Michigan
Devin Nunes, California Charles B. Rangel, New York
Patrick J. Tiberi, Ohio Jim McDermott, Washington
Dave G. Reichert, Washington John Lewis, Georgia
Charles W. Boustany, Jr., Louisiana Richard E. Neal, Massachusetts
Peter J. Roskam, Illinois Xavier Becerra, California
Tom Price, Georgia Lloyd Doggett, Texas
Vern Buchanan, Florida Mike Thompson, California
Adrian Smith, Nebraska John B. Larson, Connecticut
Lynn Jenkins, Kansas Earl Blumenauer, Oregon
Erik Paulsen, Minnesota Ron Kind, Wisconsin
Kenny Marchant, Texas Bill Pascrell, JR., New Jersey
Diane Black, Tennessee Joseph Crowley, New York
Tom Reed, New York Danny K. Davis, Illinois
Todd Young, Indiana Linda Sanchez, California
Mike Kelly, Pennsylvania
Jim Renacci, Ohio
Pat Meehan, Pennsylvania
Kristi Noem, South Dakota
George Holding, North Carolina
Jason Smith, Missouri
Robert J. Dold, Illinois
Tom Rice, South Carolina

LETTER OF TRANSMITTAL

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U.S. House of Representatives,
Committee on Ways and Means,
Washington, DC, December 22, 2016.
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 114th Congress.
Sincerely,
Kevin Brady,
Chairman.

CONTENTS

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Page
Transmittal Letter............................................... III
Foreword......................................................... VII
I. Legislative Activity Review.......................................1
A. Legislative Review of Tax Issues...................... 1
B. Legislative Review of Trade Issues.................... 18
C. Legislative Review of Health Issues................... 42
D. Legislative Review of Human Resources Issues.......... 54
E. Legislative Review of Social Security Issues.......... 60
F. Legislative Review of Oversight Issues................ 61
G. Legislative Review of Multi-Jurisdictional Issues..... 64
II. Oversight Activity Review........................................67
A. Oversight Agenda...................................... 67
B. Actions Taken and Recommendations Made With Respect To
Oversight Plan......................................... 73
Appendix I. Jurisdiction of the Committee on Ways and Means...... 125
Appendix II. Statistical Review of the Activities of the
Committee on Ways and Means.................................... 146
Appendix III. Chairmen of the Committee on Ways and Means and
Membership of the Committee from the 1st through the 114th
Congresses..................................................... 147

FOREWORD

The Committee on Ways and Means submits its report on its
legislative and oversight activities for the 114th Congress
pursuant to the requirements of clause 1(d) of rule XI 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 Issues; Legislative
Review of Trade Issues; Legislative Review of Health Issues;
Legislative Review of Human Resources Issues; Legislative
Review of Social Security Issues; Legislative Review of
Oversight Issues; and Legislative Review of Multi-
Jurisdictional Issues.
Section II of the report describes the Committee's
oversight activities. It includes a copy of the Committee's
Oversight Agenda, adopted on January 21, 2015, 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 three 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
Statistical Review of the Activities of the Committee on Ways
and Means. Appendix III is a listing of the Chairmen and
membership of the Committee from the 1st through 114th
Congress.
To carry out its work during the 114th Congress, the
Committee on Ways and Means has six standing Subcommittees,
listed below with membership:

Subcommittee on Tax Policy

Charles J. Boustany, Jr.,
Louisiana, Chairman

Richard E. Neal, Massachusetts David G. Reichert, Washington
John B. Larson, Connecticut Patrick J. Tiberi, Ohio
Linda Sanchez, California Tom Reed, New York
Mike Thompson, California Todd Young, Indiana
Lloyd Doggett, Texas Mike Kelly, Pennsylvania
Jim Renacci, Ohio
Kristi Noem, South Dakota
George Holding, North Carolina

Subcommittee on Trade

David G. Reichert, Washington,
Chairman

Charles B. Rangel, New York Devin Nunes, California
Richard E. Neal, Massachusetts Adrian Smith, Nebraska
Earl Blumenauer, Oregon Lynn Jenkins, Kansas
Ron Kind, Wisconsin Charles W. Boustany, Jr.,
Bill Pascrell, Jr., New Jersey Louisiana
Lloyd Doggett, Texas Erik Paulsen, Minnesota
Kenny Marchant, Texas
Todd Young, Indiana
Mike Kelly, Pennsylvania
Patrick Meehan, Pennsylvania

Subcommittee on Health

Patrick J. Tiberi, Ohio, Chairman

Jim McDermott, Washington Sam Johnson, Texas
Mike Thompson, California Devin Nunes, California
Ron Kind, Wisconsin Peter J. Roskam, Illinois
Earl Blumenauer, Oregon Tom Price, Georgia
Bill Pascrell, Jr., New Jersey Vern Buchanan, Florida
Danny K. Davis, Illinois Adrian Smith, Nebraska
John Lewis, Georgia Lynn Jenkins, Kansas
Kenny Marchant, Texas
Diane Black, Tennessee
Erik Paulsen, Minnesota

Subcommittee on Human Resources

Vern Buchanan, Florida, Chairman

Lloyd Doggett, Texas Kristi Noem, South Dakota
John Lewis, Georgia Jason Smith, Missouri
Joseph Crowley, New York Robert J. Dold, Illinois
Danny K. Davis, Illinois Tom Rice, South Carolina
Tom Reed, New York
David G. Reichert, Washington

Subcommittee on Social Security

Sam Johnson, Texas, Chairman

Xavier Becerra, California Robert J. Dold, Illinois
John B. Larson, Connecticut Vern Buchanan, Florida
Earl Blumenauer, Oregon Adrian Smith, Nebraska
Jim McDermott, Washington Mike Kelly, Pennsylvania
Jim Renacci, Ohio
Tom Rice, South Carolina

Subcommittee on Oversight

Peter J. Roskam, Illinois,
Chairman

John Lewis, Georgia Patrick Meehan, Pennsylvania
Joseph Crowley, New York George Holding, North Carolina
Charles B. Rangel, New York Jason Smith, Missouri
Danny K. Davis, Illinois Tom Reed, New York
Tom Rice, South Carolina
Kenny Marchant, Texas

Union Calendar No. 697

114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-887

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

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

_______

December 22, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed

_______

Mr. Brady, of Texas, 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 Issues

BILLS ENACTED INTO LAW DURING THE 114TH CONGRESS

a) Protecting Volunteer Firefighters and Emergency Responders Act (P.L.
114-3)

On January 6, 2015, Representative Lou Barletta introduced
H.R. 33, a bill to amend the Internal Revenue Code of 1986 to
ensure that emergency services volunteers are not taken into
account as employees under the shared responsibility
requirements contained in the Patient Protection and Affordable
Care Act. On January 12, 2015, the House passed the bill under
suspension of the rules by a vote of 401-0. On February 27,
2015, the Senate passed the bill with an amendment by voice
vote. That same day, the House approved a motion to concur in
the Senate amendment by a vote of 357-60. On February 27, 2015,
the President signed the bill into law.
As originally passed by the House on January 12, 2015, H.R.
33 would have excluded services rendered by bona-fide
volunteers providing firefighting and prevention services,
emergency medical services, or ambulance services to a state
and local government or tax-exempt charitable organization from
the services usually rendered by employees of an applicable
large employer subject to the employer mandate imposed by the
Patient Protection and Affordable Care Act of 2010. As passed
by the Senate and enacted on February 27, 2015, H.R. 22
extended the continuing FY2015 appropriations for the
Department of Homeland Security (DHS) until the earlier of
March 6, 2015 or enactment of DHS appropriations language for
FY2015 (without the original House-passed language related to
the treatment of services provided by bona-fide volunteers
under the employer mandate).

b) Slain Officer Family Support Act of 2015 (P.L. 114-7)

On March 23, 2015, Representative Hakeem Jeffries
introduced H.R. 1527, a bill to accelerate the income tax
benefits for charitable cash contributions for the relief of
the families of New York Police Department Detectives Wenjian
Liu and Rafael Ramos. On March 25, 2015, the House passed the
bill under suspension of the rules by voice vote. On March 27,
2015, the Senate passed the bill, without amendment, by
unanimous consent. On April 1, 2015, the President signed the
bill into law.
As enacted, H.R. 1527 allowed both individual taxpayers and
tax-exempt organizations to claim a charitable tax deduction
for contributions made in relief of the families of the NYPD
Detectives Wenjian Liu and Rafael Ramos, even if the
contributions were made for the exclusive benefits of those
families.

c) Medicare Access and CHIP Reauthorization Act of 2015 (P.L. 114-10)

On March 24, 2015, Representative Michael Burgess
introduced H.R. 2, a bill to amend title XVIII of the Social
Security Act to repeal the Medicare sustainable growth rate and
strengthen Medicare access by improving physician payments and
making other improvements, and to reauthorize the Children's
Health Insurance Program. On March 26, 2015, the House passed
the bill by a vote of 392-37. On April 14, 2015, the Senate
passed the bill without amendment by a vote of 92-8. On April
16, 2015, the President signed the bill into law.
As enacted, H.R. 2 contained one tax-related provision:
Sec. 413 of the law provided for an increase in the percentage
of a continuing levy on certain property imposed on delinquent
taxpayers.

d) Don't Tax Our Fallen Public Safety Heroes Act (P.L. 114-14)

On January 28, 2015, Representative Erik Paulsen introduced
H.R. 606, a bill to amend the Internal Revenue Code of 1986 to
exclude certain compensation received by public safety officers
and their dependents from gross income. On May 12, 2015, the
House passed the bill under suspension of the rules by a vote
of 413-0. On May 14, 2015, the Senate passed the bill without
amendment by unanimous consent. On May 22, 2015, the President
signed the bill into law.
As enacted, H.R. 606 excluded from gross income amounts
received under any Federal or State program providing monetary
compensation for surviving dependents of a public safety
officer who died as a result of a personal injury sustained in
the line of duty.

e) Iran Nuclear Agreement Review Act of 2015 (P.L. 114-17)

On March 2, 2015, Representative Lou Barletta introduced
H.R. 1191, a bill to amend the Internal Revenue Code of 1986 to
ensure that emergency services volunteers are not taken into
account as employees under the shared responsibility
requirements contained in the Patient Protection and Affordable
Care Act. On March 17, 2015, the House passed the bill under
suspension of the rules by a vote of 415-0. On May 7, 2015, the
Senate passed the bill with an amendment (related to the
congressional review and oversight of agreements relating to
Iran's nuclear program) by a vote of 98-1. On May 14, 2015, the
House approved a motion to concur in the Senate amendments
under suspension of the rules by a vote of 400-25. On May 22,
2015, the President signed the bill into law.
As originally passed by the House on March 17, 2015, H.R.
1191 would have excluded services rendered by bona-fide
volunteers providing firefighting and prevention services,
emergency medical services, or ambulance services to a state
and local government or tax-exempt charitable organization from
the services usually rendered by employees of an applicable
large employer subject to the employer mandate imposed by the
Patient Protection and Affordable Care Act of 2010. As passed
by the Senate on May 7, 2015 and enacted, H.R. 1191 provided
for extensive congressional oversight and review of any
agreement made between the United States and Iran relating to
Iran's nuclear program, including transmission to Congress of
text of such agreement, assessment reports from the State
Department, and certifications that the agreement would meet
the non-proliferation objectives of the United States.

f) Highway and Transportation Funding Act of 2015 (P.L. 114-21)

On May 15, 2015, Representative Bill Shuster introduced
H.R. 2353, a bill to provide an extension of Federal-aid
highway, highway safety, motor carrier safety, transit, and
other programs funded out of the Highway Trust Fund. On May 19,
2015, the House passed the bill by a vote of 387-35. On May 23,
2015, the Senate passed the bill, without amendment, by voice
vote. On May 29, 2015, the President signed the bill into law.
As enacted, H.R. 2353 extended funding authority through
the Highway Trust Fund to fund federal-aid highway programs,
highway safety programs, public transportation programs, and
hazardous materials transportation safety projects through July
31, 2015.

g) Defending Public Safety Employees' Retirement Act (P.L. 114-26)

On April 30, 2015, Representative Dave Reichert introduced
H.R. 2146, a bill to amend the Internal Revenue Code of 1986 to
allow Federal law enforcement officers, firefighters, and air
traffic controllers to make penalty-free withdrawals from
governmental plans after age 50. On May 12, 2015, the House
passed the bill under suspension of the rules by a vote of 407-
5. On June 4, 2015, the Senate passed the bill with an
amendment by unanimous consent. On June 18, 2015, the House
approved a motion to concur in the Senate amendment with an
amendment (relating to Congressional trade promotion authority)
by a vote of 218-208. On June 24, 2015, the Senate agreed to
the House amendment to the Senate amendment by a vote of 60-38.
On June 29, 2015, the President signed the bill into law.
As passed by the House on May 12, 2015 and by the Senate on
June 4, 2015, H.R. 2146 expanded the exemption from the 10% tax
penalty on early distributions from a government retirement
plan and allowed for plans other than defined benefit plans to
be included for the purposes of the exemption. For more
information on H.R. 2146 as enacted, refer to the Trade section
of this report.

h) Trade Preferences Extension Act of 2015 (P.L. 114-27)

On March 4, 2015, Representative George Holding introduced
H.R. 1295, a bill to amend the Internal Revenue Code of 1986 to
improve the process for making determinations with respect to
whether organizations are exempt from taxation under section
501(c)(4) of such Code. On March 24, 2015, the Committee marked
up the bill and ordered it favorably reported, as amended, by a
vote of 20-11, and on April 13, 2015, the report (H. Rept. 114-
71) was filed. On April 15, 2015, the House passed the bill
under suspension of the rules by voice vote. On May 14, 2015,
the Senate passed the bill with an amendment (relating to the
extension of certain trade preferences systems) by a vote of
97-1. On June 11, 2015, the House agreed to the Senate
amendments with an amendment by a vote of 397-32. On June 24,
2015, the Senate approved a motion to concur in the House
amendment with a Senate amendment by voice vote. On June 25,
2015, the House agreed to the Senate amendment to the House
amendment to the Senate amendment by a vote of 286-138. On June
29, 2015, the President signed the bill into law.
As originally passed by the House on April 15, 2015, H.R.
1295 would have amended the Internal Revenue Code to provide
for improved processes for social welfare organizations seeking
tax-exempt status with the IRS. For more information on H.R.
1295 as passed by the Senate and enacted, refer to the Trade
section of this report.

i) Surface Transportation and Veterans Health Care Choice Improvement
Act of 2015 (P.L. 114-41)

On July 28, 2015, Representative Bill Shuster introduced
H.R. 3236, a bill to provide an extension of Federal-aid
highway, highway safety, motor carrier safety, transit, and
other programs funded out of the Highway Trust Fund and to
provide resource flexibility to the Department of Veterans
Affairs for health care services. On July 29, 2015, the House
passed the bill by a vote of 385-34. On July 30, 2015, the
Senate passed the bill, without amendment, by a vote of 91-4.
On July 31, 2015, the President signed the bill into law.
As enacted, H.R. 3236 extended funding authority through
the Highway Trust Fund to fund Federal-aid highway programs,
highway safety programs, public transportation programs, and
hazardous materials transportation safety projects through
October 29, 2015 and provided for increased budget flexibility
for Veterans Affairs healthcare programs.

j) Airport and Airway Extension Act of 2015 (P.L. 114-55)

On September 25, 2015, Representative Bill Shuster
introduced H.R. 3614, a bill to amend title 49, United States
Code, to extend authorizations for the airport improvement
program, and to amend the Internal Revenue Code of 1986 to
extend funding and expenditure authority of the Airport and
Airway Trust Fund. On September 28, 2015, the House passed the
bill under suspension of the rules by a voice vote. On
September 29, 2015, the Senate passed the bill, without an
amendment, by unanimous consent. On September 30, 2015, the
President signed the bill into law.
As enacted, H.R. 3614 reauthorized the airport improvement
program and extended the funding and expenditure authority of
the Airport and Airway Trust Fund through March 31, 2016.

k) Surface Transportation Extension Act of 2015 (P.L. 114-73)

On October 23, 2015, Representative Bill Shuster introduced
H.R. 3819, a bill to provide an extension of Federal-aid
highway, highway safety, motor carrier safety, transit, and
other programs funded out of the Highway Trust Fund. On October
27, 2015, the House passed the bill under suspension of the
rules by a voice vote. On October 28, 2015, the Senate passed
the bill, without amendment, by a voice vote. On October 29,
2015, the President signed the bill into law.
As enacted, H.R. 3819 extended funding authority through
the Highway Trust Fund to fund Federal-aid highway programs,
highway safety programs, public transportation programs, and
hazardous materials transportation safety projects through
November 20, 2015.

l) Surface Transportation Extension Act of 2015, Part II (P.L. 114-87)

On November 16, 2015, Representative Bill Shuster
introduced H.R. 3996, a bill to provide an extension of
Federal-aid highway, highway safety, motor carrier safety,
transit, and other programs funded out of the Highway Trust
Fund. On November 16, 2015, the House passed the bill under
suspension of the rules by a voice vote. On November 19, 2015,
the Senate passed the bill, without amendment, by a voice vote.
On November 20, 2015, the President signed the bill into law.
As enacted, H.R. 2353 extended funding authority through
the Highway Trust Fund to fund federal-aid highway programs,
highway safety programs, public transportation programs, and
hazardous materials transportation safety projects through
December 4, 2015.

m) FAST Act (P.L. 114-94)

On January 6, 2015, Representative Rodney Davis introduced
H.R. 22, a bill to amend the Internal Revenue Code of 1986 to
exempt employees with health coverage under TRICARE or the
Veterans Administration from being taken into account for
purposes of determining the employers to which the employer
mandate applies under the Patient Protection and Affordable
Care Act. On January 6, 2015, the House passed the bill under
suspension of the rules by a vote of 412-0. On July 30, 2015,
the Senate passed the bill with an amendment (related to
authorizing funds for Federal-aid highways, highway safety
programs, and transit programs) by a vote of 65-34. On December
1, 2015, the conference report (H. Rept. 114-357) was filed. On
December 3, 2015, the House agreed to the conference report by
a vote of 359-65, and on the same day the Senate agreed to the
conference report by a vote of 83-16. On December 4, 2015, the
President signed the bill into law.
As originally passed by the House on January 6, 2015, H.R.
22 would have amended the definition of ``applicable large
employer'' in Internal Revenue Code section 4980H to provide an
exemption for the purposes of determining whether an employer
is an applicable large employer such that an individual shall
not be classified as an employee if such individual has medical
coverage under the TRICARE program or a Veterans Affairs
program. As enacted, H.R. 22 reauthorizes the Highway Trust
Fund through FY2020, directing offsets to ensure fund solvency
for surface infrastructure programs, including roads and
bridges, public transportation, highway and motor vehicle
safety, railroads, and maintenance of hazardous materials.

n) Trade Facilitation and Trade Enforcement Act of 2015 (P.L. 114-125)

On February 2, 2015, Representative Tom Reed introduced
H.R. 644, a bill to amend the Internal Revenue Code of 1986 to
permanently extend and expand the charitable deduction for
contributions of food inventory. On February 4, 2015, the
Committee marked up the bill and ordered it favorably reported,
as amended, by a vote of 22-14, and on February 9, 2015, the
report (H. Rept. 114-18) was filed. On February 12, 2015, the
House passed the bill by a vote of 279-137. On May 14, 2015,
the Senate passed the bill with an amendment (related to the
reauthorization of trade facilitation and trade enforcement
activities) by a vote of 78-20. On June 12, 2015, the House
approved a motion to concur in the Senate amendments with an
amendment by a vote of 240-190. On December 9, 2015, the
conference report (H. Rept. 114-376) was filed. On December 11,
2015, the House agreed to the conference report by a vote of
256-158. On February 11, 2016, the Senate agreed to the
conference report by a vote of 75-20. On February 24, 2016, the
President signed the bill into law.
As originally passed by the House on February 12, 2015, the
text of H.R. 637, H.R. 640, and H.R. 641 was combined with H.R.
644 such that the bill would have (1) made permanent the tax
deduction for charitable contributions of food by any trade or
business; (2) increased the percentage limitation for such
deductions and allowed for a five-year carryover period for
contributions in excess of the percentage limitation; (3) made
permanent the exclusion from gross income of distribution from
individual retirement accounts for charitable purposes; (4)
made permanent the tax deduction for charitable contributions
of real property interest for conservation purposes, including
land conveyed by Native Corporations under the Alaska Claims
Settlement Act; and (5) reduced the excise tax rate on net
investment income from tax-exempt private foundations. For more
information about H.R. 644 as passed by the Senate and enacted,
please see the Trade section of this report.

o) Airport and Airway Extension Act of 2016 (P.L. 114-141)

On March 10, 2016, Representative Bill Shuster introduced
H.R. 4721, a bill to amend title 49, United States Code, to
extend authorization for the airport improvement program, and
to amend the Internal Revenue Code of 1986 to extend the
funding and expenditure authority of the Airport and Airway
Trust Fund. On March 14, 2016, the House passed the bill under
suspension of the rules by a voice vote. On March 17, 2016, the
Senate passed the bill with an amendment by unanimous consent.
On March 21, 2016, the House under suspension of the rules
agreed to the Senate amendment by a voice vote. On March 30,
2016, the President signed the bill into law.
As it passed the House on March 14, 2016, H.R. 4721
extended authorization for the airport improvement program
through July 15, 2016, and extended expenditure authority from
the Airport and Airway Trust Fund through April 1, 2017. As
passed by the Senate on March 17, 2016 and enacted, H.R. 4721
extended authorization for the airport improvement program
through July 15, 2016, and extended expenditure authority from
the Airport and Airway Trust Fund through July 15, 2017.

p) FAA Extension, Safety, and Security Act of 2016 (P.L. 114-190)

On February 2, 2015, Representative Pat Tiberi introduced
H.R. 636, a bill to amend the Internal Revenue Code of 1986 to
permanently extend and modify increased expensing limitations
for depreciable small business property. On February 4, 2015,
the Committee marked up the bill and ordered it favorably
reported, as amended, by a vote of 24-14, and on February 9,
2015, the report (H. Rept. 114-21) was filed. On February 13,
2015, the House passed the bill by a vote of 272-142. On April
19, 2016, the Senate passed the bill with an amendment (related
to extension of authorization for the airport improvement
program and extension of funding and expenditure authority of
the Airport and Airway Trust Fund) by a vote of 95-3. On July
11, 2016, the House agreed to the Senate amendments with
amendments pursuant to H. Res. 818 by voice vote. On July 13,
2016, the Senate agreed to the House amendments to the Senate
amendments by a vote of 89-4. On July 15, 2016, the President
signed the bill into law.
As originally passed by the House on February 13, 2015,
H.R. 636 would have provided for the permanent extension and
modification of expensing limitations for certain depreciable
small business property under section 179 of the Internal
Revenue Code. Additionally, as originally passed by the House,
the text of H.R. 629 and H.R. 630 was combined with H.R. 636
such that the bill would have made permanent a reduction in the
built-in gain period for S corporations and a decrease in the
basis of shareholder's stock in an S corporation that makes tax
deductible charitable contributions of property. As enacted,
H.R. 636 extended authorization of the Airport improvement
program and the expenditure authority of and taxes funding the
Airport and Airway Trust Fund through September 30, 2017.

q) United States Appreciation for Olympians and Paralympians Act of
2016 (P.L. 114-239)

On September 7, 2016, Representative Bob Dold introduced
H.R. 5946, a bill to amend the Internal Revenue Code of 1986 to
exclude from gross income any prizes or awards won in
competition in the Olympic Games or the Paralympic games. On
September 14, 2016, the Committee marked up the bill and
ordered it favorably reported, as amended, by voice vote, and
on September 20, 2016, the report (H. Rept. 114-762) was filed.
On September 22, 2016, the House passed the bill under
suspension of the rules by a vote of 415-1. On September 29,
2016, the Senate passed the bill, without amendment, by
unanimous consent. On October 7, 2016, the President signed the
bill into law.

r) Combat-Injured Veterans Tax Fairness Act of 2016 (P.L. 114-292)

On April 20, 2016, Representative David Rouzer introduced
H.R. 5015, a bill to restore amounts improperly withheld for
tax purposes from severance payments to individuals who retired
or separated from service in the Armed Forces for combat-
related injuries. On December 5, 2016, the House passed the
bill under suspension of the rules by a vote of 392-0. On
December 10, 2016, the Senate passed the bill, without
amendment, by unanimous consent. On December 15, 2016, the
President signed the bill into law.

2. TAX RELIEF AND OTHER PROPOSALS DURING THE 114TH CONGRESS

a) H.R. 7, No Taxpayer Funding for Abortion and Abortion Insurance Full
Disclosure Act of 2015

On January 21, 2015, Representative Christopher Smith
introduced H.R. 7, a bill to prohibit taxpayer-funded
abortions. On January 22, 2015, the House passed the bill by a
vote of 242-179.
As passed by the House, H.R. 7 would prohibit the use of
federal funds for abortions or health coverage that includes
coverage of abortion and would amend the Internal Revenue Code
to disallow premium tax credits or health insurance tax credits
for health plans that cover abortions.

b) H.R. 30, Save American Workers Act of 2015

On January 6, 2015, Representative Todd Young introduced
H.R. 30, a bill to amend the Internal Revenue Code of 1986 to
repeal the 30-hour threshold for classification as a full-time
employee for purposes of the employer mandate in the Patient
Protection and Affordable Care Act and replace it with 40
hours. On January 8, 2015, the House passed the bill by a vote
of 252-172.

c) H.R. 160, Protect Medical Innovation Act of 2015

On January 6, 2015, Representative Erik Paulsen introduced
H.R. 160, a bill to amend the Internal Revenue Code of 1986 to
repeal the excise tax on medical devices. On June 2, 2015, the
Committee marked up the bill and order it favorably reported,
as amended, by a vote of 25-14, and on June 11, 2015, the
report (H. Rept. 114-147) was filed. On June 18, 2015, the
House passed the bill by a vote of 280-140.

d) H.R. 210, Student Worker Exemption Act of 2016

On January 8, 2015, Representative Mark Meadows introduced
H.R. 210, a bill to amend the Internal Revenue Code of 1986 to
exempt student workers for purposes of determining a higher
education institution's employer health care shared
responsibility. On June 15, 2016, the Committee marked up the
bill and ordered it favorably reported, as amended, by voice
vote, and on July 5, 2016, the report (H. Rept. 114-655) was
filed.
As reported out of the Committee, H.R. 210 would have
amended the Internal Revenue Code to exclude students who are
employed by an institution of higher education (IHE) and
carrying a full-time academic workload at the IHE from being
counted as full-time employees in calculating the IHE's shared
responsibility regarding health care coverage under the Patient
Protection and Affordable Care Act.

e) H.R. 529, To amend the Internal Revenue Code to improve 529 plans.

On January 26, 2015, Representative Lynn Jenkins introduced
H.R. 529, a bill to amend the Internal Revenue Code of 1986 to
improve 529 plans. On February 12, 2015, the Committee marked
up the bill and ordered it favorably reported, as amended, by
voice vote, and on February 20, 2015, the report (H. Rept. 114-
25) was filed. On February 25, 2015, the House passed the bill
by a vote of 401-20.
As passed by the House, H.R. 529 would have made the
following changes to the rules governing qualified tuition
programs known as 529 plans, including: (1) allowing payments
from 529 plans to be used to purchase computer equipment or
computer software, (2) eliminating the requirement that 529
plan distributions be aggregated for determining a taxpayer's
income, and (3) allowing students to recontribute a refund from
an eligible educational institution to a 529 plan without tax
consequences. The provisions of this bill were included in
final text of Division Q of H.R. 2029, referenced in section G
below.

f) H.R. 622, State and Local Sales Tax Deduction Fairness Act of 2015

On January 30, 2015, Chairman Brady introduced H.R. 622, a
bill to amend the Internal Revenue Code of 1986 to make
permanent the deduction of State and local general sales taxes.
On February 2, 2015, the Committee marked up the bill and
ordered it favorably reported, as amended, by a vote of 20-14,
and on April 4, 2015, the report (H. Rept. 114-51) was filed.
On April 16, 2015, the House passed the bill by a vote of 272-
152. The provisions of this bill were included in final text of
Division Q of H.R. 2029, referenced in section G below.

g) H.R. 629, Permanent S Corporation Built-in Gain Recognition Period
Act of 2015

On January 30, 2015, Representative Dave Reichert
introduced H.R. 629, a bill to amend the Internal Revenue Code
of 1986 to make permanent the reduced recognition period for
built-in gains of S corporations. On February 2, 2015, the
Committee marked up the bill and ordered it favorably reported,
as amended, by a vote of 24-14, and on February 9, 2015, the
report (H. Rept. 114-15) was filed. For more information about
the bill, see section 1(p) of this report. The provisions of
this bill were included in final text of Division Q of H.R.
2029, referenced in section G below.

h) H.R. 630, Permanent S Corporation Charitable Contribution Act of
2015

On January 30, 2015, Representative Dave Reichert
introduced H.R. 630, a bill to amend the Internal Revenue Code
of 1986 to make permanent certain rules regarding basis
adjustments to stock of S corporation shareholders making
charitable contributions of property. On February 2, 2015, the
Committee marked up the bill and ordered it favorably reported,
as amended, by a vote of 24-14, and on February 9, 2015, the
report (H. Rept. 114-16) was filed. For more information about
the bill, see section 1(p) of this report. The provisions of
this bill were included in final text of Division Q of H.R.
2029, referenced in section G below.

i) H.R. 637, Permanent IRA Charitable Contribution Act of 2015

On February 2, 2015, Representative Aaron Schock introduced
H.R. 637, a bill to amend the Internal Revenue Code of 1986 to
make permanent the rule allowing certain tax-free distributions
from individual retirement accounts for charitable purposes. On
February 4, 2015, the Committee marked up the bill and ordered
it favorably reported, as amended, by a vote of 24-14, and on
February 9, 2015, the report (H. Rept. 114-20) was filed. For
more information about the bill, see section 1(n) of this
report. The provisions of this bill were included in final text
of Division Q of H.R. 2029, referenced in section G below.

j) H.R. 640, Private Foundation Excise Tax Simplification Act of 2015

On February 2, 2015, Representative Erik Paulsen introduced
H.R. 640, a bill to amend the Internal Revenue Code of 1986 to
modify the tax rate for excise tax on investment income of
private foundations. On February 4, 2015, the Committee marked
up the bill and ordered it favorably reported, as amended, by a
vote of 24-14, and on February 9, 2015, the report (H. Rept.
114-19) was filed. For more information about the bill, see
section 1(n) of this report.

k) H.R. 641, Conservation Easement Incentive Act of 2015

On February 2, 2015, Representative Mike Kelly introduced
H.R. 641, a bill to amend the Internal Revenue Code of 1986 to
make permanent the special rule for contributions of qualified
conservation contributions. On February 4, 2015, the Committee
marked up the bill and ordered it favorably reported, as
amended, by a vote of 24-14, and on February 9, 2015, the
report (H. Rept. 114-17) was filed. For more information about
the bill, see section 1(n) of this report. The provisions of
this bill were included in final text of Division Q of H.R.
2029, referenced in section G below.

l) H.R. 692, Default Prevention Act

On February 3, 2015, Representative Tom McClintock
introduced H.R. 692, a bill to ensure the payment of interest
and principal of the debt of the United States. On September
10, 2015, the Committee marked up the bill and ordered it
favorably reported by a vote of 23-15, and on September 18,
2015, the report (H. Rept. 114-265) was filed. On October 21,
2015, the House passed the bill by a vote of 235-194.
As passed by the House, H.R. 692 would have required the
Department of Treasury to continue to borrow to pay the
principal and interest on certain obligations if the debt of
the United States exceeded the statutory limit, including debt
held by the public and the Social Security trust funds.

m) H.R. 765, Restaurant and Retail Jobs and Growth Act of 2015

On February 5, 2015, Representative Mike Kelly introduced
H.R. 765, a bill to amend the Internal Revenue Code of 1986 to
permanently extend the 15-year recovery period for qualified
leasehold improvement property, qualified restaurant property,
and qualified retail improvement property. On September 17,
2015, the Committee marked up the bill and ordered it favorably
reported, as amended, by a vote of 24-12, and on October 23,
2015, the report (H. Rept. 114-306) was filed. The provisions
of this bill were included in final text of Division Q of H.R.
2029, referenced in section G below.

n) H.R. 880, American Research and Competitiveness Act of 2015

On February 11, 2015, Chairman Brady introduced H.R. 880, a
bill to amend the Internal Revenue Code of 1986 to simplify and
make permanent the research credit. On February 12, 2015, the
Committee marked up the bill and ordered it favorably reported,
as amended, by a vote of 23-12, and on May 14, 2015, the report
(H. Rept. 114-113) was filed. On May 20, 2015, the House passed
the bill by a vote of 274-145.

o) H.R. 961, Permanent Active Financing Exception Act of 2015

On February 12, 2015, Representative Pat Tiberi introduced
H.R. 961, a bill to amend the Internal Revenue Code of 1986 to
permanently extend the subpart F exemption for active financing
income. On September 17, 2015, the Committee marked up the bill
and ordered it favorably reported, as amended, by a vote of 22-
11, and on October 23, 2015, the report (H. Rept. 114-307) was
filed. The provisions of this bill were included in final text
of Division Q of H.R. 2029, referenced in section G below.

p) H.R. 1105, Death Tax Repeal Act of 2015

On February 26, 2015, Chairman Brady introduced H.R. 1105,
a bill to amend the Internal Revenue Code of 1986 to repeal the
estate and generation-skipping transfer taxes. On March 25,
2015, the Committee marked up the bill and ordered it favorably
reported, as amended, by a vote of 22-10, and on April 6, 2015,
the report (H. Rept. 114-52) was filed. On April 16, 2015, the
House passed the bill by a vote of 240-179.

q) H.R. 1430, Permanent CFC Look-Through Act of 2015

On March 18, 2015, Representative Charles Boustany
introduced H.R. 1430, a bill to amend the Internal Revenue Code
of 1986 to make permanent the look-through treatment of
payments between related controlled foreign corporations. On
September 17, 2015, the Committee marked up the bill and
ordered it favorably reported, as amended, by a vote of 22-11,
and on October 23, 2015, the report (H. Rept. 114-309) was
filed.

r) H.R. 2061, EACH Act

On April 28, 2015, Representative Rodney Davis introduced
H.R. 2061, a bill to amend section 5000A of the Internal
Revenue Code of 1986 to provide an additional religious
exemption from the individual health coverage mandate. On
September 17, 2015, the Committee marked up the bill and
ordered it favorably reported, as amended, by voice vote, and
on September 28, 2015, the report (H. Rept. 114-268) was filed.
On September 28, 2015, the House passed the bill under
suspension of the rules by voice vote.
As enacted, H.R. 2061 expands the religious conscience
exemption under the Patient Protection and Affordable Care Act
to exempt from the individual mandate individuals who rely
solely on religious healing and for whom the acceptance of
medical health services would be inconsistent with their
religious beliefs.

s) H.R. 2510, To amend the Internal Revenue Code of 1986 to modify and
make permanent bonus depreciation

On May 21, 2015, Representative Pat Tiberi introduced H.R.
2510, a bill to amend the Internal Revenue Code of 1986 to
modify and make permanent bonus depreciation. On September 17,
2015, the Committee marked up the bill and ordered it favorably
reported, as amended, by a vote of 24-13, and on October 28,
2015, the report (H. Rept. 114-317) was filed.
As reported to the House on October 28, 2015, H.R. 2510
would have made permanent the bonus depreciation allowance for
depreciable business property and the election to increase the
alternative minimum tax credit limitation in lieu of bonus
depreciation. The bill also would have allowed an additional
depreciation allowance for any specified plant that is planted
by the taxpayer in the ordinary course of the taxpayer's
farming business and it would have expanded the definition of
qualified property for the purposes of the bonus depreciation
allowance.

t) H.R. 2940, Educator Tax Relief Act of 2015

On June 25, 2015, Representative Dave Reichert introduced
H.R. 2940, a bill to amend the Internal Revenue Code of 1986 to
improve and make permanent the above-the-line deduction for
certain expenses of elementary and secondary school teachers.
On September 17, 2015, the Committee marked up the bill and
ordered it favorably reported, as amended, by a vote of 23-13,
and on October 23, 2015, the report (H. Rept. 114-310) was
filed.
As reported to the House on October 23, 2015, H.R. 2940
would have made the deduction for certain expenses of teachers
permanent, broadening the definition of expenses for the
purposes of this deduction to included professional development
expenses and allowing for an inflation adjustment to the amount
of such deduction. The provisions of this bill were included in
final text of Division Q of H.R. 2029, referenced in section G
below.

u) H.R. 3038, Highway and Transportation Funding Act of 2015, Part II

On July 13, 2015, then-Chairman Ryan introduced H.R. 3038,
a bill to provide an extension of Federal-aid highway, highway
safety, motor carrier safety, transit, and other programs
funded out of the Highway Trust Fund. On July 15, 2015, the
House passed the bill by a vote of 312-119.
As passed by the House, H.R. 3038 would have extended
funding authority through the Highway Trust Fund to fund
federal-aid highway programs, highway safety programs, public
transportation programs, and hazardous materials transportation
safety projects through December 19, 2015.

v) H.R. 3080, Tribal Employment and Jobs Protection Act

On July 15, 2015, Representative Kristi Noem introduced
H.R. 3080, a bill to amend the Internal Revenue Code of 1986 to
provide an exception to the employer health insurance mandate
for Indian tribal governments and tribally owned businesses. On
June 15, 2016, the Committee marked up the bill and ordered it
favorably reported, as amended, by a vote of 24-13, and on July
5, 2016, the report (H. Rept. 114-656) was filed.

w) H.R. 3442, Debt Management and Fiscal Responsibility Act of 2015

On September 8, 2015, Representative Kenny Marchant
introduced H.R. 3442, a bill to provide further means of
accountability of the United States debt and promote fiscal
responsibility. On September 10, 2015, the Committee marked up
the bill and ordered it favorably reported by a vote of 22-14,
and on October 7, 2015, the report (H. Rept. 114-291) was
filed. On February 11, 2016, the House passed the bill by a
vote of 267-151.
As passed by the House on February 11, 2016, H.R. 3442
would have required the Secretary of the Treasury to provide a
report to Congress prior to any date on which the Secretary
anticipates the public debt exceeding the statutory limit,
providing detailed reports to both the House Ways and Means
Committee and the Senate Finance Committee of the debt levels
and proposals to manage the debt moving forward.

x) H.R. 3608, To amend the Internal Revenue Code of 1986 to exempt
amounts paid for aircraft management services from the excise
taxes imposed on transportation by air

On September 24, 2015, Representative Pat Tiberi introduced
H.R. 3608, a bill to amend the Internal Revenue Code of 1986 to
exempt amounts paid for aircraft management services from the
excise taxes imposed on transportation by air. On July 13,
2016, the Committee marked up the bill and order it favorably
reported, as amended, by voice vote, and on September 27, 2016,
the report (H. Rept. 114-793) was filed.

y) H.R. 3957, Emergency Citrus Disease Response Act of 2016

On November 5, 2015, Representative Vern Buchanan
introduced H.R. 3957, a bill to amend the Internal Revenue Code
of 1986 to temporarily allow expensing of certain costs of
replanting citrus plants lost by reason of casualty. On
September 14, 2016, the Committee marked up the bill and
ordered it favorably reported, as amended, by voice vote, and
on September 16, 2016, the report (H. Rept. 114-749) was filed.
On September 21, 2016, the House passed the bill under
suspension of the rules by a vote of 400-20.

z) H.R. 4220, Water and Agriculture Tax Reform Act of 2015

On December 10, 2015, Representative Ken Buck introduced
H.R. 4220, a bill to amend the Internal Revenue Code of 1986 to
facilitate water leasing and water transfers to promote
conservation and efficiency. On September 21, 2016, the
Committee marked up the bill and ordered it favorably reported,
as amended, by voice vote, and on December 8, 2016, the report
(H. Rept 114-862) was filed.

aa) H.R. 4294, SAVERS Act of 2015

On December 18, 2015, Representative Peter Roskam
introduced H.R. 4294, a bill to amend the Internal Revenue Code
of 1986 to ensure that retirement investors receive advice in
their best interests. On February 3, 2016, the Committee marked
up the bill and ordered it favorably reported, as amended, by a
vote of 26-12, and on April 20, 2016, the report (H. Rept. 114-
512) was filed.
As reported to the House on April 20, 2016, H.R. 4294 would
have modified the requirements for fiduciaries that provide
investment advice to tax-favored savings plans, including
employer-sponsored retirement plans, individual retirement
accounts, health savings accounts, and education savings
accounts.

bb) H.R. 4722, Refundable Child Tax Credit Eligibility Verification
Reform Act of 2016

On March 10, 2016, Representative Sam Johnson introduced
H.R. 4722, a bill to amend the Internal Revenue Code of 1986 to
require inclusion of the taxpayer's Social Security number to
claim the refundable portion of the child tax credit. On March
16, 2016, the Committee marked up the bill and ordered it
favorably reported, as amended, by a vote of 21-15, and on
March 23, 2016, the report (H. Rept. 476) was filed.

cc) H.R. 4903, To prohibit the use of funds by the Internal Revenue
Service to target citizens of the United States for exercising
any right guaranteed under the First Amendment to the
Constitution of the United States.

On April 12, 2016, Representative Rick Allen introduced
H.R. 4903, a bill to prohibit the use of funds by the Internal
Revenue Service to target citizens of the United States for
exercising any right guaranteed under the First Amendment of
the United States Constitution. On April 19, 2016, the House
passed the bill under suspension of the rules by voice vote.

dd) H.R. 5204, Stop Taxing Death and Disability Act

On May 12, 2016, Representative Peter Roskam introduced
H.R. 5204, a bill to amend the Internal Revenue Code of 1986
and the Higher Education Act of 1965 to provide an exclusion
from income for student loan forgiveness for students who have
died or become disabled. On September 21, 2016, the Committee
marked up the bill and ordered it favorably reported, as
amended, by voice vote, and on December 8, 2016, the report (H.
Rept 114-861) was filed.

ee) H.R. 5445, Health Care Security Act of 2016

On May 10, 2016, Representative Erik Paulsen introduced
H.R. 5445, a bill to amend the Internal Revenue Code of 1986 to
improve the rules with respect to health savings accounts. On
June 15, 2016, the Committee marked up the bill and ordered it
favorably reported, as amended, by a vote of 23-15, and on June
17, 2016, the report (H. Rept. 114-627) was filed.
As reported to the House on June 17, 2016, the bill would
have modified the rules for health savings accounts with
respect to catch-up contribution for married couples, medical
expenses incurred before a health savings account is
established, and contribution limits.

ff) H.R. 5719, Empowering Employees through Stock Ownership Act

On July 11, 2016, Representative Erik Paulsen introduced
H.R. 5719, a bill to amend the Internal Revenue Code of 1986 to
modify the tax treatment of certain equity grants. On September
14, 2016, the Committee marked up the bill and ordered it
favorably reported, as amended, by a vote of 21-12, and on
September 16, 2016, the report (H. Rept. 114-748) was filed. On
September 22, 2016, the House passed the bill by a vote of 287-
124.
As passed by the House on September 22, 2016, H.R. 5719
would have allowed an employee to elect to defer, for income
tax purposes, income attributable to certain stock transferred
to the employee by an employer.

gg) H.R. 5879, To amend the Internal Revenue Code of 1986 to modify the
credit for production from advanced nuclear power facilities.

On July 14, 2016, Representative Tom Rice introduced H.R.
5879, a bill to amend the Internal Revenue Code to modify the
credit for production from advanced nuclear facilities. On
September 21, 2016, the Committee marked up the bill and
ordered it favorably reported, as amended, by a vote of 23-9,
and on December 8, 2016, the report (H. Rept. 114-863) was
filed.

hh) H. Con. Res. 89, Expressing the sense of Congress that a carbon tax
would be detrimental to the United States economy.

On October 29, 2015, Representative Steve Scalise
introduced H. Con. Res. 89, a resolution expressing the sense
of Congress that a carbon tax would be detrimental to American
families and businesses and is not in the best interest of the
United States. On June 10, 2016, the House passed the
resolution by a vote of 237-163.

ii) H. Con. Res. 112, Expressing the sense of Congress opposing the
President's proposed $10 tax on every barrel of oil.

On February 9, 2016, Representative Charles Boustany
introduced H. Con. Res. 112, a resolution expressing the sense
of Congress opposing the President's proposed $10 tax on every
barrel of oil. On June 10, 2016, the House passed the
resolution by a vote of 253-144.

jj) H.R. 6438, To extend the waiver of limitations with respect to
excluding from gross income amounts received by wrongfully
incarcerated individuals.

On December 5, 2016, Representative Sam Johnson introduced
H.R. 6438, a bill to amend the Protecting Americans from Tax
Hikes of 2015 to extend the waiver of limitations on credits or
refunds related to the exclusion from gross income amounts
received by wrongfully incarcerated individuals. On December 6,
2016, the bill passed the House without objection.

OTHER TAX MATTERS

a) Tax Reform Hearings (Full Committee)

On January 13, 2015, the Committee received testimony on
the state of the U.S. economy and policies that can promote job
creation and economic growth from (i) Martin Feldstein, the
George F. Baker Professor of Economics, Harvard University, and
President Emeritus of the National Bureau of Economic Research;
(ii) Douglas Holtz-Eakin, President, American Action Forum; and
(iii) Simon Johnson, Ronald A. Kurtz Professor of
Entrepreneurship, MIT Sloan School of Management.
On June 17, 2015, the Committee received testimony on the
long-term financing of the Highway Trust Fund from (i) Chad
Shirley, Deputy Assistant Director, Congressional Budget
Office; (ii) Robert Poole, Director of Transportation Policy
and Searle Freedom Trust Transportation Fellow, Reason
Foundation; and (iii) Bill Graves, President & CEO, American
Trucking Association.
On February 2, 2016, the Committee received testimony on
reaching America's potential through pro-growth policies that
deliver opportunities for all Americans from (i) Douglas Holtz-
Eakin, President, American Action Forum; (ii) Kevin Hassett,
Director of Economic Policy Studies, American Enterprise
Institute; (iii) Jared Bernstein, Senior Fellow, Center on
Budget and Policy Priorities, and (iv) Stephen Moore,
Distinguished Visiting Fellow, Institute for Economic Freedom
and Opportunity, The Heritage Foundation.
On February 24, 2016, the Committee received testimony on
the global tax environment in 2016 and how recent developments
are further escalating the immediate need to reform and
modernize the U.S. international tax system from (i) Michelle
Hanlon, Professor of Accounting, MIT Sloan School of
Management; (ii) Raymond Wiacek, Partner, Jones Day (iii) Itai
Grinberg, Associate Professor of Law, Georgetown University Law
Center; and (iv) Edward D Kleinbard, Professor of Law,
University of Southern California Gould School of Law.

b) Hearings Held by the Subcommittee on Select Revenue Measures/Tax
Policy

On March 18, 2015, the Subcommittee received testimony on
the burdens family businesses and farms face planning for and
paying the estate tax from (i) Brandon Whitt, Batey Farms; (ii)
Robert E. McKnight, McKnight Ranch Co.; (iii) Karen Madonia,
Chief Financial Officer, Illco, Inc.; and (iv) Ray Madoff,
Professor, Boston College Law School.
On June 24, 2015, the Subcommittee received testimony on
the taxation of the repatriation of foreign earnings as a
funding mechanism for a multi-year highway bill from (i) Tom
Barthold, Chief of Staff, Joint Committee on Taxation; (ii)
Dirk Suringa, Partner, Covington & Burling LLP; (iii) Curtis
Dubay, Tax & Economic Policy Research Fellow, The Heritage
Foundation; and (iv) Jane Gravelle, Senior Specialist in
Economic Policy, Congressional Research Service.
On December 1, 2015, the Subcommittee received testimony on
the OECD BEPS Project final recommendations and its effect on
worldwide American companies from (i) Robert Stack, Deputy
Assistant Secretary for International Tax Affairs, U.S.
Department of Treasury; (ii) Barbara Angus, Principal, Ernst &
Young; (iii) Gary Sprague, Counsel, The Software Coalition;
(iii) Catherine Schultz, Vice President for Tax Policy,
National Foreign Trade Council; and (iv) Martin Sullivan, Chief
Economist, Tax Analysts.
On March 22, 2016, the Subcommittee received testimony on
Member proposals relating to fundamental reform of the income
tax system from (i) Representative Devin Nunes, 22nd District
of California; (ii) Representative Michael C. Burgess, 26th
District of Texas; and (iii) Representative Robert Woodall, 7th
District of Georgia.
On April 13, 2016, the Subcommittee received testimony on
Member proposals relating to fundamental reform of the income
tax system from (i) Representative Bob Goodlatte, 6th District
of Virginia; (ii) Representative Roger Williams, 25th District
of Texas; and (iii) Tom Barthold, Chief of Staff, Joint
Committee on Taxation.
On May 12, 2016, the Subcommittee received testimony on
Member proposals for improvements to the current U.S. tax
system from (i) Representative Sam Johnson, 3rd District of
Texas; (ii) Representative Peter Roskam, 6th District of
Illinois; (iii) Representative Lynn Jenkins, 2nd District of
Kansas; (iv) Representative Danny Davis, 7th District of
Illinois; (v) Representative Vern Buchanan, 16th District of
Florida; (vi) Representative Tom Rice, 7th District of South
Carolina; (vii) Representative Xavier Becerra, 34th District of
California; (viii) Representative David Rouzer, 7th District of
North Carolina; (ix) Representative Pat Meehan, 7th District of
Pennsylvania; (x) Representative Bob Dold, 10th District of
Illinois; (xi) Representative Ted Poe, 2nd District of Texas;
(xii) Representative Anna Eshoo, 18th District of California;
(xiii) Representative Ken Buck, 4th District of Colorado; (xiv)
Representative Andy Harris, 1st District of Maryland; (xv)
Representative Mark Meadows, 11th District of North Carolina;
(xvi) Representative Matt Cartwright, 17th District of
Pennsylvania; (xvii) Representative Rodney Davis, 13th District
of Illinois; (xviii) Representative Scott Peters, 52nd District
of California; (xix) Representative Rob Bishop, 1st District of
Utah; (xx) Representative Dana Rohrabacher, 48th District of
California; (xxi) Representative Keith Ellison, 5th District of
Minnesota; (xxii) Representative Dave Brat, 7th District of
Virginia; (xxiii) Representative Scott DesJarlais, 4th District
of Tennessee; (xxiv) Representative Randy Hultgren, 14th
District of Illinois; (xxv) Representative John Fleming, 4th
District of Louisiana; (xxvi) Representative Peter DeFazio, 4th
District of Oregon; (xxvii) Representative Steve Scalise, 1st
District of Louisiana; (xxviii) Representative Kevin Cramer,
North Dakota At Large; (xxix) Representative Andy Barr, 6th
District of Kentucky; (xxx) Representative Matt Salmon, 5th
District of Arizona; (xxxi) Representative Terri Sewell, 7th
District of Alabama; (xxxii) Representative Tom Emmer, 6th
District of Minnesota; (xxxiii) Representative Mike Coffman,
6th District of Colorado; (xxxiv) Representative Janice
Schakowsky, 9th District of Illinois; (xxxv) Representative
Robert Woodall, 7th District of Georgia; and (xxxvi)
Representative Erik Paulsen, 3rd District of Minnesota.
On May 25, 2016, the Subcommittee received testimony on
perspectives on the need for tax reform from (i) Douglas Holtz-
Eakin, President, American Action Forum; (ii) J.D. Foster, Vice
President, Economic Policy Division, and Deputy Chief
Economist, U.S. Chamber of Commerce; (iii) Scott Hodge,
President, Tax Foundation; and (iv) Martin Sullivan, Chief
Economist, Tax Analysts.

c) Other Tax-Related Hearing (Full Committee, Health Subcommittee, and
Oversight Subcommittee)

Throughout the 114th 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 tax treatment of health care and protection of
small business from IRS abuse. For descriptions of such
hearings, see, for example, Part IC and Part IIB.

B. Legislative Review of Trade Issues

BILLS ENACTED INTO LAW DURING THE 114TH CONGRESS

a) H.R. 644, Trade Facilitation and Trade Enforcement Act of 2015

c) H.R. 2146, the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015

c) H.R. 4923, American Manufacturing Competitiveness Act of 2016

On April 14, 2016, the Trade Subcommittee held a hearing
entitled the ``Miscellaneous Tariff Bill: Helping U.S.
Manufacturers through Tax Cuts.'' The purpose of the hearing
was to focus on the U.S. manufacturing and economic benefits of
providing temporary tariff relief on imported finished goods
and raw materials not produced in the United States and the
goal of establishing a process in the House for consideration
of such legislation in a manner that is consistent with House
Rules and related guidance. Testimony was received from (i)
Leib Oehmig, President and Chief Operating Officer--Glen Raven,
Inc., (ii) Dawn Grove, Corporate Counsel--Karsten Manufacturing
Corporation, (iii) Brooke DiDomenico, Production Manager--
Nation Ford Chemical, and (iv) Matthew Schreiner, Global Leader
for GORE-TEX Footwear Innovation--W.L. Gore & Associates.
On April 13, 2016, Chairman Kevin Brady, Ranking Member
Sander Levin, Trade Subcommittee Chairman Dave Reichert, and
Trade Subcommittee Ranking Member Charles Rangel, together with
58 cosponsors, introduced H.R. 4923, the ``American
Manufacturing Competitiveness Act of 2016,'' to establish a
process for the submission and consideration for petitions for
temporary duty suspensions and reductions in coordination with
the International Trade Commission. The bill was referred to
the Committee on Ways and Means.
On April 20, the Committee considered the legislation and
ordered it to be reported, as amended, by voice vote. On April
27, the House passed H.R. 4923, as amended, by a vote of 415-2.
On May 10, the Senate passed the bill without amendment by
unanimous consent. On May 20, the bill was signed into law and
became Public Law No. 114-159.

d) H.R. 1295, Trade Preferences Extension Act of 2015

On February 3, 2015, the Committee held a hearing on the
U.S. trade agenda with Ambassador Michael Froman, United States
Trade Representative. The Committee heard testimony about the
importance of AGOA and GSP renewal, including the benefits of
the preferences programs for international development and the
U.S. economy.
On April 17, 2015, then-Committee Chairman Paul Ryan,
together with Trade Subcommittee Chairman Patrick Tiberi,
Ranking Member Sander Levin, Trade Subcommittee Ranking Member
Charles Rangel, Representative Todd Young, and Representative
Jim McDermott, and four other Members introduced H.R. 1891, the
``AGOA Extension and Enhancement Act of 2015,'' to extend the
African Growth and Opportunity Act, the Generalized System of
Preferences, the preferential duty treatment program for Haiti,
and for other purposes. The bill was referred to the Committee
on Ways and Means.
On April 22, the Committee held a hearing on expanding
American trade with accountability and transparency with
Treasury Secretary Jack Lew, Agriculture Secretary Tom Vilsack,
and Commerce Secretary Penny Pritzker. The Committee heard
testimony on the Administration's support for this legislation
and timely renewal of the preference programs.
The Committee considered H.R. 1891 on April 23 and ordered
the bill favorably reported by voice vote. The Committee filed
its report on May 1.
On March 4, 2015, Representative George Holding, together
with Representatives Roskam and Reed, introduced H.R. 1295,
``To amend the Internal Revenue Code of 1986 to improve the
process for making determinations with respect to whether
organizations are exempt from taxation under section 501(c)(4)
of such Code,'' which was referred to the Committee on Ways and
Means. On April 13, the Committee reported the bill. On April
15, the House passed the bill, as amended, by voice vote.
H.R. 1295 then became the vehicle for consideration of
trade legislation. On May 14, the Senate amended and passed the
bill to include the provisions of H.R. 1891 by a vote of 97-1.
On June 11, the House agreed to the Senate amendment with a
further amendment by a recorded vote of 397-32. On June 24, the
Senate concurred in the House amendment to the Senate amendment
with a further amendment, by voice vote. This amendment
included provisions from H.R. 1892, the ``Trade Adjustment
Assistance Reauthorization Act of 2015,'' and H.R. 2523, the
``American Trade Enforcement Effectiveness Act. `` On June 25,
the House agreed to the Senate amendment by a recorded vote of
286-138. The bill was signed into law on June 29 and became
Public Law No. 114-27.

e) H.R. 757, The North Korea Sanctions and Policy Enhancement Act of
2016

On February 5, 2015, Representative Edward Royce, together
with 36 cosponsors, introduced H.R. 757, the ``The North Korea
Sanctions and Policy Enhancement Act of 2016,'' to impose
additional sanctions on North Korea. The bill was referred to
the Committee on Foreign Affairs, and additionally to the
Committee on Ways & Means. On January 11, 2016, Chairman Royce
and Chairman Ryan exchanged letters in which Chairman Ryan
asserted jurisdiction but agreed to discharge the bill.
The House passed the bill on January 12, 2016, by a
recorded vote of 418-2. On February 10, the Senate amended and
passed the bill by a recorded vote of 96-0. The House agreed to
the amendment on February 12 by a recorded vote of 408-2. The
bill was signed into law on February 18 and became Public Law
No. 114-122.

f) H.R. 1191, Iran Nuclear Agreement Review Act of 2015

On March 2, 2015, Representative Lou Barletta, together
with 23 cosponsors, introduced H.R. 1191, the ``Protecting
Volunteer Firefighters and Emergency Responders Act.'' The bill
was referred to the Committee on Ways and Means. On March 17,
the House voted to suspend the rules and pass the bill by a
recorded vote of 415-0. On May 7, the Senate approved an
amendment in the nature of a substitute, making H.R. 1191 the
vehicle for the ``Iran Nuclear Agreement Review Act of 2015,''
and passed the amended bill by a recorded vote of 98-1. On May
14, the House agreed to the Senate amendment by a recorded vote
of 400-25. The bill was signed into law on May 22, 2015 and
became Public Law No. 114-17.

g) H.R. 1075, to designate the United States Customs and Border
Protection Port of Entry located at First Street and Pan
American Avenue in Douglas, Arizona, as the ``Raul Hector
Castro Port of Entry.''

On February 25, 2015, Representative Raul Grijalva,
together with eight cosponsors, introduced H.R. 1075, ``to
designate the United States Customs and Border Protection Port
of Entry located at First Street and Pan American Avenue in
Douglas, Arizona, as the Raul Hector Castro Port of Entry.'''
The bill was referred to the Committee on Ways and Means. On
April 28, the House voted to suspend the rules and pass the
bill by voice vote. On May 12, the Senate passed the bill
without amendment by unanimous consent. On May 22, the bill was
signed into law and became Public Law No. 114-16.

h) H.R. 5252, To designate the United States Customs and Border
Protection Port of Entry located at 1400 Lower Island Road in
Tornillo, Texas, as the ``Marcelino Serna Port of Entry.''

On May 16, 2016, Representative Will Hurd introduced H.R.
5252, ``to designate the United States Customs and Border
Protection Port of Entry located at 1400 Lower Island Road in
Tornillo, Texas, as the Marcelino Serna Port of Entry'.'' The
bill was referred to the Committee on Ways and Means. On July
11, the House voted to suspend the rules and pass the bill by
voice vote. On September 20, the Senate passed the bill without
amendment by unanimous consent. On September 29, the bill was
signed into law and became Public Law No. 114-225.

2. BILLS INCORPORATED INTO LEGISLATION SIGNED INTO LAW

a) H.R. 1907, Trade Facilitation and Trade Enforcement Act of 2015

b) H.R. 1890 Bipartisan Congressional Trade Priorities and
Accountability Act of 2015

On April 17, 2015, then-Chairman of the Committee on Ways
and Means Paul Ryan, together with Representatives Sessions,
Tiberi, and Cuellar, introduced H.R. 1890, the ``Bipartisan
Congressional Trade Priorities and Accountability Act of
2015,'' to establish trade negotiating objectives and enhanced
consultation requirements for trade negotiations, to provide
for consideration of trade agreements, and for other purposes.
The bill was referred to the Committee on Ways and Means. On
April 23, the Committee considered H.R. 1890 and ordered the
bill favorably reported, as amended, by a roll call vote of 25-
13, and the report was filed on May 1. H.R. 1890 was then
incorporated into H.R. 1314. Later, H.R. 1890 was incorporated
into H.R. 2146, which was signed into law on June 29 and became
Public Law No. 114-26.

c) H.R. 1891, AGOA Extension and Enhancement Act of 2015

On April 17, 2015, then-Committee Chairman Paul Ryan,
together with Trade Subcommittee Chairman Patrick Tiberi,
Ranking Member Sander Levin, Trade Subcommittee Ranking Member
Charles Rangel, Representative Todd Young, and Representative
Jim McDermott, and four other Members introduced H.R. 1891, the
``AGOA Extension and Enhancement Act of 2015,'' to extend the
African Growth and Opportunity Act, the Generalized System of
Preferences, the preferential duty treatment program for Haiti,
and for other purposes. The bill was referred to the Committee
on Ways and Means. The Committee considered H.R. 1891 on April
23 and ordered the bill favorably reported by voice vote. The
Committee filed its report on May 1. Provisions of this bill
were later incorporated into H.R. 1295, the ``Trade Preferences
Extension Act of 2015,'' which was signed into law on June 29
and became Public Law No. 114-27.

d) H.R. 166, Preventing Recurring Trade Evasion and Circumvention Act
(or PROTECT Act)

On January 4, 2013, Representative Boustany, together with
Representatives Tiberi and Roskam and four other cosponsors,
introduced H.R. 166, the ``Preventing Recurring Trade Evasion
and Circumvention Act'' (PROTECT Act), to prevent the evasion
of antidumping and countervailing duty orders, and for other
purposes. The bill was referred to the Committee on Ways and
Means. Provisions of H.R. 978 were later incorporated into H.R.
644, the ``Trade Facilitation and Trade Enforcement Act of
2015,'' which was signed in into law on February 24, 2015, and
became Public Law No. 114-125.

e) H.R. 1440, Enforcing Orders and Reducing Customs Evasion Act (or
ENFORCE Act)

On April 9, 2013, Representative Long, together with
Representatives Sanchez, Rangel, Pascrell, Schwartz, and 26
others, introduced H.R. 1440, the ``Enforcing Orders and
Reducing Customs Evasion Act'' (ENFORCE Act), to prevent the
evasion of antidumping and countervailing duty orders, and for
other purposes. The bill was referred to the Committee on Ways
and Means. Provisions of H.R. 1440 were later incorporated into
H.R. 644, the ``Trade Facilitation and Trade Enforcement Act of
2015,'' which was signed in into law on February 24, 2015, and
became Public Law No. 114-125.

f) H.R. 681, Generalized System of Preferences Update Act

On February 3, 2015, Representative Ander Crenshaw and 15
cosponsors introduced H.R. 681, ``The Generalized System of
Preferences Update Act,'' to make footwear and other travel
articles eligible for duty-free treatment under the GSP. The
bill was referred to the Committee on Ways and Means.
Provisions in H.R. 681 were later incorporated into H.R. 1295,
the ``Trade Preferences Extension Act of 2015,'' which was
signed into law on June 29, 2015, and became Public Law No.
114-27.

g) H.R. 978, Low Value Shipment Regulatory Modernization Act of 2015

On February 13, 2015, Representatives Aaron Schock and Todd
Young, together with 41 cosponsors, introduced H.R. 978, the
``Low Value Shipment Regulatory Modernization Act of 2015'' to
increase the value threshold of articles that may be imported
duty-free into the United States by one person on one day. The
bill was referred to the Committee on Ways and Means.
Provisions of H.R. 978 were later incorporated into H.R. 644,
the ``Trade Facilitation and Trade Enforcement Act of 2015,''
which was signed in into law on February 24, 2015, and became
Public Law No. 114-125.

h) H.R. 1773, Residue Entries and Streamlining Trade Act

On April 14, 2015 Representative Kenny Marchant introduced
H.R. 1773, the ``Residue Entries and Streamlining Trade Act,''
to exempt from duty treatment the residue of bulk cargo
contained in instruments of international traffic previously
exported from the United States. The bill was referred to the
Committee on Ways and Means. Provisions of H.R. 1773 were later
incorporated into H.R. 644, the ``Trade Facilitation and Trade
Enforcement Act of 2015,'' which was signed in into law on
February 24, 2015, and became Public Law No. 114-125.

i) H.R. 1903, To Amend the Tariff Act of 1930 to eliminate the
consumptive demand exception to prohibition on importation of
goods made with convict labor, forced labor, or indentured
labor, and for other purposes

On April 21, 2015, Representative Ron Kind, together with
three cosponsors, introduced H.R. 1903, ``to Amend the Tariff
Act of 1930 to eliminate the consumptive demand exception to
prohibition on importation of goods made with convict labor,
forced labor, or indentured labor, and for other purposes.''
The bill was referred to the Committee on Ways and Means.
Provisions of H.R. 1903 were later incorporated into H.R. 644,
the ``Trade Facilitation and Trade Enforcement Act of 2015,''
which was signed in into law on February 24, 2015, and became
Public Law No. 114-125.

j) H.R. 1947, STRONGER Act of 2015

On April 22, 2015, Representative Earl Blumenauer, together
with eight cosponsors, introduced H.R. 1947, the ``STRONGER Act
of 2015,'' to establish the Trade Agreements Enforcement Trust
Fund. The bill was referred to the Committee on Ways and Means.
Provisions of H.R. 1947 were later incorporated into H.R. 644,
the ``Trade Facilitation and Trade Enforcement Act of 2015,''
which was signed in into law on February 24, 2015, and became
Public Law No. 114-125.

k) H.R. 2523, American Trade Enforcement Effectiveness Act

On May 21, 2015, Representative Bost, together with 46
cosponsors, introduced H.R. 2523, the ``American Trade
Enforcement Effectiveness Act,'' to make improvements to the
antidumping and countervailing duty laws. The bill was referred
to the Committee on Ways and Means. Provisions of H.R. 2523
were later incorporated into H.R. 1295, the ``Trade Preferences
Extension Act of 2015,'' which was signed into law on June 29
and became Public Law No. 114-27.

l) H.R. 2659, Nepal Trade Preferences Act

On June 4, 2015, Representative Ander Crenshaw, together
with two cosponsors, introduced H.R. 2659, the ``Nepal Trade
Preferences Act.'' The bill was referred to the Committee on
Ways and Means. Provisions of H.R. 2659 were later incorporated
into H.R. 644, the ``Trade Facilitation and Trade Enforcement
Act of 2015,'' which was signed in into law on February 24,
2015, and became Public Law No. 114-125.

m) H.R. 1892, Trade Adjustment Assistance Reauthorization Act of 2015

On April 17, 2015, Chairman Reichert, together with
Representatives Reed and Meehan, introduced H.R. 1892, the
``Trade Adjustment Assistance Reauthorization Act of 2015.''
The bill was referred to the Committee on Ways and Means. The
Committee voted to order the bill reported, as amended, without
recommendation, by voice vote on May 8. On June 12, the House
considered the House amendment to the Senate amendment to H.R.
1314. H. Res. 305, the rule to consider the bill, stated that
the question would be divided as follows: (1) the first vote
would be on Title II of the bill, which was the text of H.R.
1892, the ``Trade Adjustment Assistance Reauthorization Act of
2015''; and (2) the second vote would be on Title I of the
bill, which was the text of the ``Bipartisan Congressional
Trade Priorities and Accountability Act of 2015'' (H.R. 1890,
as amended). As to the first vote, relating to Trade Adjustment
Assistance, the House defeated the motion by a recorded vote of
126-302.
The provisions of H.R. 1892 were then included in Senate's
amendment to H.R. 1295, ``to amend the Internal Revenue Code of
1986 to improve the process for making determinations with
respect to whether organizations are exempt from taxation under
section 501(c)(4) of such Code,'' which passed the Senate on
June 24 by voice vote. On June 25, the House agreed to the
Senate amendment to H.R. 1295 by a recorded vote of 286-138.
The bill was signed into law on June 29 and became Public Law
No. 114-27.

n) H.R. 825, United States-Israel Trade and Commercial Enhancement Act

On February 10, 2015, Representative Peter Roskam
introduced H.R. 825, the ``United States-Israel Trade and
Commercial Enhancement Act.'' Portions of this bill were later
included in H.R. 644, the ``Trade Facilitation and Trade
Enforcement Act of 2015,'' which was signed in into law on
February 24, 2015, and became Public Law No. 114-125.

o) H.R. 875, Cross-Border Trade Enhancement Act of 2016

On February 11, 2015, Representative Henry Cuellar,
together with two cosponsors, introduced H.R. 875, the ``Cross
Border Trade Enhancement Act of 2016.'' The bill was referred
to the Committee on Ways and Means. On December 5, 2016,
Chairman Conaway and Chairman Brady exchanged letters in which
Chairman Conaway asserted jurisdiction but agreed to discharge
the bill. On December 6, the House by voice vote passed the
bill, as amended. On December 10, the Senate passed the bill
without amendment by unanimous consent.

3. BILLS PASSED BY THE HOUSE ONLY

a) H.R. 998, Preclearance Authorization Act of 2015

On February 13, 2015, Representative Meehan, together with
five cosponsors, introduced H.R. 998, the ``Preclearance
Authorization Act of 2015.'' The Committee on Ways and Means
received an additional referral of the bill. On July 16, 2015
Chairman McCaul and then-Chairman Ryan exchanged letters in
which Chairman Ryan asserted jurisdiction but agreed to
discharge the bill. On July 22, the Committee on Homeland
Security amended the bill and reported it favorably. On July
27, the House passed the bill by voice vote under suspension of
the rules. There was no action taken by the Senate.

b) H.R. 2285, Prevent Trafficking in Cultural Property Act

On May 13, 2016, Representative William Keating, together
with 19 cosponsors, introduced H.R. 2285, the ``Prevent
Trafficking in Cultural Property Act,'' to improve the
enforcement against trafficking in cultural property and
prevent stolen or illicit cultural property from financing
terrorist and criminal networks.
On May 13, the bill was referred to the Committee on Ways
and Means and in addition to the Committees on Homeland
Security and the Judiciary. On November 4, the Committee on
Homeland Security ordered the bill reported, as amended, by
voice vote. On September 14, the Committee on Ways and Means
considered the bill and ordered it reported, as amended, by
voice vote. On September 22, the House voted to suspend the
rules and pass the bill, as amended, by a vote of 415-0. On
September 26, the bill was received in the Senate and referred
to the Committee on Finance. There was no action taken by the
Senate.

c) H.R. 2406, SHARE Act

On May 19, 2015, Representative Wittman, together with
three original cosponsors, introduced H.R. 2406, the ``SHARE
Act.'' The bill contained provisions within the Rule X
jurisdiction of the Committee on Ways and Means, but did not
receive a referral on the bill. On December 10, the Committee
on Natural Resources amended the bill and reported it out. On
February 23, 2016, Chairman Bishop and Chairman Brady exchanged
letters in which Chairman Brady asserted jurisdiction but
agreed not to request a sequential referral on the bill. On
February 26, the House passed the bill by a recorded vote of
242-161. There was no action taken by the Senate.

d) H.R. 2845, AGOA Enhancement Act of 2015

On June 19, 2015, Representative Royce, together with three
cosponsors, introduced H.R. 2845, the ``AGOA Enhancement Act of
2015.'' The Committee on Ways and Means had Rule X jurisdiction
over provisions in the bill, but did not receive a referral. On
September 6, 2016, Chairman Royce and Chairman Brady exchanged
letters in which Chairman Brady asserted jurisdiction but
agreed not to request a referral on the bill. On September 7,
the House passed the bill by voice vote under suspension of the
rules. There was no action taken by the Senate.

e) H.R. 3457, Justice for Victims of Iranian Terrorism Act

On September 9, 2015, Representative Meehan, together with
two original cosponsors, introduced H.R. 3457, the ``Justice
for Victims of Iranian Terrorism Act.'' The Committee on Ways
and Means received a sequential referral of the bill. On
September 30, Chairman Royce and then-Chairman Ryan exchanged
letters in which Chairman Ryan asserted jurisdiction but agreed
to discharge the bill. On October 1, the House passed the bill
by a recorded vote of 251-173. There was no action taken by the
Senate.

f) H.R. 3586, Border and Maritime Coordination Improvement Act

On September 22, 2015, Representative Candice Miller,
together with one cosponsor, introduced H.R. 3586, the ``Border
and Maritime Coordination Improvement Act.'' The Committee on
Ways and Means had Rule X jurisdiction over the bill but did
not receive a referral. On October 5, Chairman McCaul and then-
Chairman Ryan exchanged letters in which Chairman Ryan asserted
jurisdiction but agreed not to request a sequential referral on
the bill. On April 12, 2016, the Committee on Homeland Security
amended the bill and reported it favorably. On April 13, the
House passed the bill by voice vote under suspension of the
rules. There was no action taken by the Senate.

g) H.R. 4576, Ensuring Access to Pacific Fisheries Act

On February 12, 2016, Representative Radewagen, together
with one cosponsor, introduced H.R. 4576, the ``Ensuring Access
to Pacific Fisheries Act.'' The Committee on Ways and Means had
Rule X jurisdiction over the bill but did not receive a
referral. On August 3, Chairman Bishop and Chairman Brady
exchanged letters in which Chairman Brady asserted jurisdiction
but agreed not to request a sequential referral on the bill. On
September 6, the Committee on Natural Resources amended the
bill and reported it favorably. On September 12, the House
passed the bill by voice vote under suspension of the rules.
There was no action taken by the Senate.

h) H.R. 4909, National Defense Authorization Act for Fiscal Year 2017

On April 12, 2016, Representative Thornberry, together with
one cosponsor, introduced H.R. 4909, the ``National Defense
Authorization Act for Fiscal Year 2017.'' The Committee on Ways
and Means received a sequential referral of the bill. On April
29, Chairman Thornberry and Chairman Brady exchanged letters in
which Chairman Brady asserted jurisdiction but agreed to
discharge the bill. On May 4, the Committee on Armed Services
amended the bill and reported it favorably. On May 18, the
House passed the bill by a recorded vote of 277-147. There was
no action taken by the Senate.

i) H.R. 5094, STAND for Ukraine Act

On April 28, 2016, Representative Engel, together with 15
original cosponsors, introduced H.R. 5094, the ``STAND for
Ukraine Act.'' The Committee on Ways and Means received an
additional referral of the bill. On September 15, Chairman
Royce and Chairman Brady exchanged letters in which Chairman
Brady asserted jurisdiction but agreed to discharge the bill.
On September 21, the House passed the bill by voice vote under
suspension of the rules. There was no action taken by the
Senate.

j) H.R. 5607, Enhancing Treasury's Anti-Terror Tools Act

On June 28, 2016, Representative Pittenger, together with
one cosponsor, introduced H.R. 998, the ``Enhancing Treasury's
Anti-Terror Tools Act.'' The Committee on Ways and Means
received an additional referral of the bill. On July 8,
Chairman Hensarling and Chairman Brady exchanged letters in
which Chairman Brady asserted jurisdiction but agreed to
discharge the bill. On July 11, the House passed the bill by a
recorded vote of 362-45. There was no action taken by the
Senate.

k) H.R. 5631, Iran Accountability Act of 2016

On July 6, 2016, Representative McCarthy, together with
nine cosponsors, introduced H.R. 5631, the ``Iran
Accountability Act of 2016.'' The Committee on Ways and Means
received an additional referral of the bill. On July 11,
Chairman Royce and Chairman Brady exchanged letters in which
Chairman Brady asserted jurisdiction but agreed to discharge
the bill. On July 14, the House passed the bill by a recorded
vote of 246-179. There was no action taken by the Senate.

l) H.R. 5732, Caesar Syria Civilian Protection Act of 2016

On July 12, 2016, Representative Engel, together with 12
original cosponsors, introduced H.R. 5732, the ``Caesar Syria
Civilian Protection Act of 2016.'' The Committee on Ways and
Means had Rule X jurisdiction over provisions in the bill but
did not receive a referral on the bill. On September 15,
Chairman Royce and Chairman Brady exchanged letters in which
Chairman Brady asserted jurisdiction but agreed not to seek a
sequential referral on the bill. On July 14, the Committee on
Foreign Affairs amended the bill and reported it favorably. On
November 15, the House passed the bill by voice vote. There was
no action taken by the Senate.

m) H.R. 4245, To exempt exportation of certain echinoderms and mollusks
from licensing requirements under the Endangered Species Act of
1973.

On December 11, 2015, Representative Pingree, together with
one cosponsor, introduced H.R. 4245, ``To exempt exportation of
certain echinoderms and mollusks from licensing requirements
under the Endangered Species Act of 1973.'' The Committee on
Ways and Means received a sequential referral of the bill. On
July 7, 2016, Chairman Bishop and Chairman Brady exchanged
letters in which Chairman Brady asserted jurisdiction but
agreed to discharge the bill. On September 6, the Committee on
Natural Resources amended the bill and reported it favorably,
and the House passed the bill by voice vote under suspension of
the rules. On December 10, the Senate passed the bill with an
amendment by unanimous consent. No further action was taken.

TRADE POLICY AGENDA AND TRADE PROMOTION AUTHORITY

On January 13, 2015, the Committee held a hearing on the
state of the U.S. economy and polices that can promote job
creation and economic growth. The Committee heard testimony
from Martin Feldstein, Douglas Holtz-Eakin, and Simon Johnson,
which included discussion about the importance of trade
promotion authority and international trade for promoting job
creation and economic growth.
On January 21, 2015, the Committee met with Ambassador
Froman, the United States Trade Representative, to discuss
trade negotiations and trade promotion authority. On January
27, the Committee held a hearing on the U.S. trade agenda with
Ambassador Michael Froman, the United States Trade
Representative. The Committee heard testimony about the
importance of for U.S. economic growth and job creation. On
February 25, the Committee met with Treasury Secretary Lew to
discuss trade negotiations and trade promotion authority.
On April 17, 2015, then-Chairman of the Committee on Ways
and Means Paul Ryan, together with Representatives Sessions,
Tiberi, and Cuellar, introduced H.R. 1890, the ``Bipartisan
Congressional Trade Priorities and Accountability Act of
2015,'' to establish trade negotiating objectives and enhanced
consultation requirements for trade negotiations, to provide
for consideration of trade agreements, and for other purposes.
The bill was referred to Committee on Ways and Means.
On April 22, the Committee held a hearing on expanding
American trade with accountability and transparency with
Treasury Secretary Jack Lew, Agriculture Secretary Tom Vilsack,
and Commerce Secretary Penny Pritzker. The Committee heard
testimony on the Administration's support for this legislation
and its importance to concluding the strongest possible trade
agreements.
On April 23, the Committee considered H.R. 1890 and ordered
the bill favorably reported, as amended, by a roll call vote of
25-13, and the report was filed on May 1.
On May 22, the Senate amended H.R. 1314 to add the
provisions of H.R. 1890, as amended, by a recorded vote of 62-
37.
On June 12, the House considered the House amendment to the
Senate amendment to H.R. 1314. H. Res. 305, the rule to
consider the bill, stated that the question would be divided as
follows: (1) the first vote would be on Title II of the bill,
which was the text of H.R. 1892, the ``Trade Adjustment
Assistance Reauthorization Act of 2015''; and (2) the second
vote would be on Title I of the bill, which was the text of
H.R. 1890, as amended, the ``Bipartisan Congressional Trade
Priorities and Accountability Act of 2015.'' As to the first
vote, the House defeated the motion by a recorded vote of 126-
302. Then the House proceeded to vote on Title I of the bill,
which passed by a recorded vote of 219-211.
On April 30, Representative David Reichert introduced H.R.
2146, the ``Defending Public Safety Employees' Retirement
Act,'' which was referred to the Committee. The bill passed the
House on May 12 by a recorded vote of 407-5 and passed the
Senate with an amendment by unanimous consent on June 4. On
June 18, the House passed H.R. 2146 with an amendment to the
Senate amendment to add the provisions of H.R. 1890, as
amended, by a recorded vote of 218-208. On June 24, the Senate
agreed to the House amendment to Senate amendment to H.R. 2146
by a recorded vote of 60-38. On June 29th, H.R. 2146 was signed
into law and became Public Law No. 114-26.
As required by the new statute, the International Trade
Commission issued on June 29, 2016, a report on the economic
impact on the United States of all trade agreements with
respect to which Congress has enacted an implementing bill
under trade authorities procedures since 1984.
On July 21, 2015, the House Advisory Group on Negotiations
met as required by the provisions of trade promotion authority
legislation within 60 days of enactment of TPA.
On September 24, 2015, the Committee held a bipartisan
meeting with Ambassador Froman to discuss the trade agenda. On
September 25, 2015, the House Advisory Group on Negotiations
met to discuss the trade agenda.
On October 27, 2015, USTR issued the Guidelines for
Consultation and Engagement issued under the requirements of
the trade promotion authority legislation.
On February 2, 2016, the Committee held a hearing entitled
``Reaching America's Potential: Delivering Growth and
Opportunity for All Americans.'' The purpose of the hearing was
to focus on reaching America's potential through pro-growth
policies that deliver opportunities for all Americans.
Testimony was received from (i) Douglas Holtz-Eakin,
President--American Action Forum, (ii) Kevin Hassett, Director
of Economic Policy Studies--American Enterprise Institute,
(iii) Jared Bernstein, Senior Fellow--Center on Budget and
Policy Priorities, (iv) Stephen Moore, Distinguished Visiting
Fellow, Institute for Economic Freedom and Opportunity--The
Heritage Foundation.
On June 14, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Agriculture Trade and Eliminating
Barriers to U.S. Exports.'' The purpose of the hearing was to
focus on how high-standard and ambitious trade agreements that
are thoroughly implemented and fully enforced can open much-
needed markets to U.S. agriculture exports and that benefit
rural and urban America. Testimony was received from (i) Kevin
Paap, President Minnesota Farm Bureau; Chair--American Farm
Bureau Federation Trade Advisory Committee, (ii) Randy Mooney,
Chairman--National Milk Producers Federation, (iii) John Weber,
President--National Pork Producers Council, (iv) Dale Foreman,
Chairman--Foreman Fruit Company, and (v) Heather McClung, Co-
Owner--Schooner EXACT Brewing Company; President, Washington
Brewers Guild.
On July 13, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Digital Trade and Eliminating
Barriers to U.S. Digital Exports.'' The purpose of the hearing
was to focus on how high-standard and ambitious digital trade
provision in U.S. trade agreements can, if thoroughly
implemented and fully enforced, open markets to U.S. exports
and benefit U.S. businesses of all sizes that rely on digital
trade to enable sales of goods and services. Testimony was
received by (i) Robert Atkinson, President--Information
Technology and Innovation Foundation, (ii) Christopher A.
Padilla, Vice President--Government and Regulatory Affairs, IBM
Corporation, (iii) Michael M. Beckerman, President and CEO--
Internet Association, (iv) Kavita Shukla, Founder and CEO--
Fenugreen LLC, and (v) Usman Ahmed, Head of Global Public
Policy--PayPal Inc.

5. THE TRANS-PACIFIC PARTNERSHIP NEGOTIATIONS

On January 27, 2015, the Committee held a hearing on the
U.S. trade policy agenda. Among the trade issues covered were
the structure, content, and prospect for the ongoing Trans-
Pacific Partnership (TPP) Agreement negotiations. Ambassador
Michael Froman, the United States Trade Representative,
testified before the Committee on the Administration's views on
these issues.
On January 27-30, 2015, the Committee conducted a
bipartisan staff delegation to New York City, New York to
participate in the TPP Trade Ministers meeting and to meet with
officials from TPP countries and U.S. officials.
On February 13-21, 2015, then-Committee Chairman Paul Ryan
led a bipartisan Congressional delegation to Singapore,
Malaysia, and Japan to meet with officials from those countries
regarding TPP.
On February 25, 2015, the Committee met with Treasury
Secretary Lew to discuss TPP and currency issues.
On March 10-14, 2015, the Committee conducted a staff
delegation to Waikoloa, Hawaii to participate in the TPP Trade
Ministers meeting and to meet with officials from TPP countries
and U.S. officials.
On April 22, 2015, the Committee held a hearing on
expanding American trade with accountability and transparency
with Treasury Secretary Jack Lew, Agriculture Secretary Tom
Vilsack, and Commerce Secretary Penny Pritzker. The Committee
heard testimony on the Administration's support for concluding
the strongest possible trade agreements, including TPP.
On July 21, 2015, the House Advisory Group on Negotiations
met as required by the provisions of trade promotion authority
legislation within 60 days of enactment of TPA and, among other
issues, discussed the outstanding issues for the TPP
negotiations.
On July 26-August 1, 2015, the Committee conducted a
bipartisan delegation with Ranking Member Levin and Committee
staff to Maui, Hawaii to participate in the TPP Trade Ministers
meeting and to meet with officials from TPP countries and U.S.
officials.
On September 24, 2015, the Committee held a bipartisan
meeting with Ambassador Froman to discuss the trade agenda,
including Member concerns about the TPP negotiations.
On September 25, 2015, the House Advisory Group on
Negotiations met to discuss the trade agenda, including the
outstanding issues for the TPP negotiations.
On September 27-October 5, 2015, the Committee conducted a
bipartisan delegation with Ranking Member Levin and Committee
staff to Atlanta, Georgia to participate in the TPP Trade
Ministers meeting and to meet with officials from TPP countries
and U.S. officials.
On November 14-18, 2015, the Committee conducted a
bipartisan staff delegation to the Asia Pacific Economic
Cooperation Ministerial in Manila, Philippines to meet with
officials from TPP countries and U.S. officials.
On February 2, 2016, the Committee held a hearing entitled
``Reaching America's Potential: Delivering Growth and
Opportunity for All Americans.'' The purpose of the hearing was
to focus on reaching America's potential through pro-growth
policies that deliver opportunities for all Americans.
Testimony was received from (i) Douglas Holtz-Eakin,
President--American Action Forum, (ii) Kevin Hassett, Director
of Economic Policy Studies--American Enterprise Institute,
(iii) Jared Bernstein, Senior Fellow--Center on Budget and
Policy Priorities, (iv) Stephen Moore, Distinguished Visiting
Fellow, Institute for Economic Freedom and Opportunity--The
Heritage Foundation. The potential benefit of a high standard
TPP agreement was discussed.
On March 4-12, 2016, the Committee conducted a staff
delegation to Japan, Malaysia, and Singapore to meet with
officials from those countries regarding enactment and
implementation of TPP.
On May 18, 2016, in accordance with section 105(c) of the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015, the U.S. International Trade Committee submitted
to Congress a report assessing the likely impact of TPP on the
U.S. economy as a whole and on specific industry sectors.
On June 14, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Agriculture Trade and Eliminating
Barriers to U.S. Exports.'' Among the issues covered, the
witnesses discussed the potential for a high standard TPP
agreement to benefit U.S. agriculture trade. Testimony was
received from (i) Kevin Paap, President Minnesota Farm Bureau;
Chair--American Farm Bureau Federation Trade Advisory
Committee, (ii) Randy Mooney, Chairman--National Milk Producers
Federation, (iii) John Weber, President--National Pork
Producers Council, (iv) Dale Foreman, Chairman--Foreman Fruit
Company, and (v) Heather McClung, Co-Owner--Schooner EXACT
Brewing Company; President, Washington Brewers Guild.
On July 13, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Digital Trade and Eliminating
Barriers to U.S. Digital Exports.'' Among the issues covered,
the witnesses discussed the potential for a high standard TPP
agreement to benefit U.S. businesses of all sizes that rely on
digital trade to enable sales of goods and services. Testimony
was received by (i) Robert Atkinson, President--Information
Technology and Innovation Foundation, (ii) Christopher A.
Padilla, Vice President--Government and Regulatory Affairs, IBM
Corporation, (iii) Michael M. Beckerman, President and CEO--
Internet Association, (iv) Kavita Shukla, Founder and CEO--
Fenugreen LLC, and (v) Usman Ahmed, Head of Global Public
Policy--PayPal Inc.
On November 16-19, 2016, the Committee conducted a
bipartisan staff delegation to the Asia Pacific Economic
Cooperation Ministerial in Lima, Peru to meet with officials
from TPP countries and U.S. officials.
Throughout the 114th Congress, Committee Members and staff
held frequent 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. U.S.-EU TRADE AND INVESTMENT PARTNERSHIP (TTIP) NEGOTIATIONS

On January 27, 2015, the Committee held a hearing on the
U.S. Trade Policy Agenda. The purpose of the hearing was to
focus on how the U.S. trade policy agenda, including the TTIP
negotiations, fosters economic growth and job creation.
Testimony was received from Ambassador Michael B.G. Froman, the
United States Trade Representative.
On July 21, 2015, the House Advisory Group on Negotiations
met as required by the provisions of trade promotion authority
legislation within 60 days of enactment of TPA and, among other
issues, discussed the outstanding issues for the TTIP
negotiations.
On September 25, 2015, the House Advisory Group on
Negotiations met to discuss the trade agenda, including the
outstanding issues for the TTIP negotiations.
On June 14, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Agriculture Trade and Eliminating
Barriers to U.S. Exports.'' The purpose of the hearing was to
focus on how high-standard and ambitious trade agreements like
TTIP that are thoroughly implemented and fully enforced can
open much needed markets to U.S. agriculture exports and that
benefit rural and urban America. Testimony was received from
(i) Kevin Paap, President Minnesota Farm Bureau; Chair--
American Farm Bureau Federation Trade Advisory Committee, (ii)
Randy Mooney, Chairman--National Milk Producers Federation,
(iii) John Weber, President--National Pork Producers Council,
(iv) Dale Foreman, Chairman--Foreman Fruit Company, and (v)
Heather McClung, Co-Owner--Schooner EXACT Brewing Company;
President, Washington Brewers Guild.
On July 13, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Digital Trade and Eliminating
Barriers to U.S. Digital Exports.'' The purpose of the hearing
was to focus on how high-standard and ambitious digital trade
provisions in U.S. trade agreements, including a completed
TTIP, can, if thoroughly implemented and fully enforced, open
markets to U.S. exports and benefit U.S. businesses of all
sizes that rely on digital trade to enable sales of good and
services. Testimony was received by (i) Robert Atkinson,
President--Information Technology and Innovation Foundation,
(ii) Christopher A. Padilla, Vice President--Government and
Regulatory Affairs, IMB Corporation, (iii) Michael M.
Beckerman, President and CEO--Internet Association, (iv) Kavita
Shukla, Founder and CEO--Fenugreen LLC, and (v) Usman Ahmed,
Head of Global Public Policy--PayPal Inc.
On June 26-27, 2016, Rep. Diaz-Balart led a bipartisan
Congressional delegation, which included Rep. Mike Kelly, to
the Hague, Netherlands, for the Transatlantic Legislators'
Dialogue. Legislators on both sides discussed views on TTIP and
respective negotiating priorities. They issued a joint
statement on June 27, 2016, at the conclusion of those
meetings.
On July 13, 2016, Chairman Kevin Brady, together with Trade
Subcommittee Chairman Reichert and all of the Republican
Members of the Committee, introduced H. Con. Res. 146, a
concurrent resolution expressing strong support for closer
economic and commercial ties between the United States and the
United Kingdom following the decision of the people of the
United Kingdom to withdraw from the European Union. The
resolution further expressed support for the conclusion of a
high-standard TTIP agreement. The resolution was referred to
the Committee. Senate Finance Committee Chairman Hatch
introduced a companion resolution in the Senate.
On October 3, 2016, Chairman Kevin Brady, together with
Senate Finance Committee Chairman Orrin Hatch, sent a letter to
U.S. Trade Representative Michael Froman on the ongoing TTIP
negotiations. The letter urged the Administration to continue
to pursue a comprehensive high-standard trade agreement with
the EU, notwithstanding a lack of engagement by the EU on
certain issues.
On October 4-7, 2016, the Committee conducted a bipartisan
staff delegation to New York to participate in the TTIP Chief
Negotiators meeting and to meet with officials from the EU and
U.S. officials.
Throughout the 114th Congress, the Committee engaged in
frequent Member and staff consultations with USTR, the European
Union, and EU member states to discuss ongoing progress in the
negotiations and to provide Member views on the conduct and
content of the negotiations.

7. TRADE IN SERVICES AGREEMENT (TISA) NEGOTIATIONS

On January 27, 2015, the Committee held a hearing on the
U.S. trade policy agenda with Ambassador Michael Froman, the
United States Trade Representative. Among the issues covered
was the potential of the TiSA negotiations to foster economic
growth and job creation.
On July 21, 2015, the House Advisory Group on Negotiations
met as required by the provisions of trade promotion authority
legislation within 60 days of enactment of TPA and, among other
issues, discussed the outstanding issues for the TiSA
negotiations.
On September 25, 2015, the House Advisory Group on
Negotiations met to discuss the trade agenda, including the
outstanding issues for the TiSA negotiations.
On July 13, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Digital Trade and Eliminating
Barriers to U.S. Digital Exports.'' Among the issues covered
was potential for the TiSA negotiations to benefit U.S.
businesses of all sizes that rely on digital trade to enable
sales of goods and services. Testimony was received from (i)
Robert Atkinson, President--Information Technology and
Innovation Foundation, (ii) Christopher A. Padilla, Vice
President--Government and Regulatory Affairs, IBM Corporation,
(iii) Michael M. Beckerman, President and CEO--Internet
Association, (iv) Kavita Shukla, Founder and CEO--Fenugreen
LLC, and (v) Usman Ahmed, Head of Global Public Policy--PayPal
Inc.
On November 1-4, 2016, the Committee conducted a bipartisan
staff delegation to Geneva to attend the TiSA negotiations and
to meet with officials from the United States and other TiSA
countries.
Throughout the 114th Congress, the Committee engaged in
frequent Member and staff consultations with USTR to discuss
ongoing progress in the negotiations and to provide Member
views on the conduct and content of the negotiations.

8. ENVIRONMENTAL GOODS AGREEMENT (EGA) NEGOTIATIONS

9. OTHER REGIONAL ISSUES

China

On January 27, 2015, the Committee held a hearing on the
U.S. trade policy agenda with Ambassador Michael Froman, the
United States Trade Representative. The hearing included
discussion 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 of 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 21, 2015, then-Chairman Paul Ryan, together
with Ranking Member Sander Levin, Senate Finance Committee
Chairman Orrin Hatch, and Senate Finance Committee Ranking
Member Ron Wyden, sent a letter to President Obama on the visit
by Chinese President Xi Jinping to Washington, D.C. The letter
urged the Administration to use this visit as an opportunity to
address serious concerns about the direction of the U.S.-China
economic relationship and how China conducts its economic and
trade policies.
On June 3, 2016, Chairman Kevin Brady, together with
Ranking Member Sander Levin, Senate Finance Committee Chairman
Orrin Hatch, and Senate Finance Committee Ranking Member Ron
Wyden, sent a letter to Treasury Secretary Jacob Lew, Secretary
of State John Kerry, Secretary of Commerce Penny Pritzker, and
United States Trade Representative Michael Froman just before
the start of the eighth session of the U.S.-China Strategic and
Economic Dialogue (S&ED). The letter expressed concern about a
variety of Chinese trade barriers and policies that appear to
undermine fair and open competition, and urged the
Administration to utilize the S&ED as an important opportunity
to address the many barriers and distortions impacting the
U.S.-China economic relationship. On August 17, 2016, the U.S.
Department of Treasury sent a response.
The Committee also engaged in frequent Member and staff
consultations with USTR regarding U.S.-China issues, including
the annual S&ED and Joint Commission on Commerce and Trade
(JCCT), ongoing Bilateral Investment Treaty negotiations, and a
variety of trade-related disputes.

India

On September 18, 2015, then-Chairman Ryan, together with
Ranking Member Levin, Senate Finance Committee Chairman Hatch,
and Senate Finance Committee Ranking Member Wyden, sent a
letter to Secretary of State John Kerry and Secretary of
Commerce Penny Pritzker regarding the U.S.-India trade and
economic relationship. The letter urged the Administration to
address several trade and investment issues at the U.S.-India
Strategic Dialogue, such as forced localization measures,
intellectual property protection, and market access for
agricultural goods.
On October 22, 2015, the Committee received the report from
the U.S. International Trade Commission on Investigation 332-
50, Trade and Investment Policies in India, 2014-15, pursuant
to a request by the Chairman under section 332 of the Tariff
Act of 1930.
The Committee also engaged in frequent Member and staff
consultations with USTR and ITC regarding U.S.-India issues.

Japan

On February 13-21, 2015, then-Committee Chairman Paul Ryan
led a bipartisan Congressional delegation to Japan to meet with
officials regarding TPP.
On March 4-12, 2016, the Committee conducted a staff
delegation to Japan to meet with officials regarding enactment
and implementation of TPP.

Developing countries and trade preferences

On February 3, 2015, the Committee held a hearing on the
U.S. trade agenda with Ambassador Michael Froman, the United
States Trade Representative. The Committee heard testimony
about the importance of AGOA and GSP renewal, including the
benefits of the preferences programs for international
development and the U.S. economy.
On April 17, 2015, then-Committee Chairman Paul Ryan,
together with Trade Subcommittee Chairman Patrick Tiberi,
Ranking Member Sander Levin, Trade Subcommittee Ranking Member
Charles Rangel, Representative Todd Young, and Representative
Jim McDermott, and four other Members introduced H.R. 1891, the
``AGOA Extension and Enhancement Act of 2015,'' to extend the
African Growth and Opportunity Act, the Generalized System of
Preferences, the preferential duty treatment program for Haiti,
and for other purposes. The bill was referred to the Committee
on Ways and Means.
On April 22, the Committee held a hearing on expanding
American trade with accountability and transparency with
Treasury Secretary Jack Lew, Agriculture Secretary Tom Vilsack,
and Commerce Secretary Penny Pritzker. The Committee heard
testimony on the Administration's support for this legislation
and timely renewal of the preference programs.
The Committee considered H.R. 1891 on April 23 and ordered
the bill favorably reported by voice vote. The Committee filed
its report on May 1.
On March 4, 2015 Representative George Holding, together
with Representatives Roskam and Reed, introduced H.R. 1295,
``to amend the Internal Revenue Code of 1986 to improve the
process for making determinations with respect to whether
organizations are exempt from taxation under section 501(c)(4)
of such Code'' which was referred to the Committee on Ways and
Means. On April 13, the Committee reported the bill. On April
15, the House passed the bill, as amended, by voice vote.
H.R. 1295 then became the vehicle for consideration of
trade legislation. On May 14, the Senate amended and passed the
bill to include the provisions of H.R. 1891 by a vote of 97-1.
On June 11, the House agreed to the Senate amendment with a
further amendment by a recorded vote of 397-32. On June 24, the
Senate concurred in the House amendment to the Senate amendment
with an amendment by voice vote. On June 25, the House agreed
to the Senate amendment by a recorded vote of 286-138. The bill
was signed into law on June 29 and became Public Law No. 114-
27.
On February 3, 2015, Representative Ander Crenshaw and 15
cosponsors introduced H.R. 681, ``The Generalized System of
Preferences Update Act,'' to make footwear and other travel
articles eligible for duty-free treatment under the GSP. The
bill was referred to the Committee on Ways and Means.
Provisions in H.R. 681 were later incorporated into H.R. 1295,
the ``Trade Preferences Extension Act of 2015,'' which was
signed into law on June 29 and became Public Law No. 114-27.
On June 4, 2015, Representative Ander Crenshaw, together
with two cosponsors, introduced H.R. 2659, the ``Nepal Trade
Preferences Act.'' The bill was referred to the Committee on
Ways and Means. Provisions of H.R. 2659 were later incorporated
into H.R. 644, the ``Trade Facilitation and Trade Enforcement
Act of 2015,'' which was signed into law on February 24, 2015,
and became Public Law No. 114-125.
On August 23-29, 2015, Representatives Erik Paulsen and
Jason Smith participated in the Africa Growth and Opportunity
Act (AGOA) Forum in Libreville, Gabon and met with officials
from the U.S. and AGOA countries.
On September 26, 2016, Representative Jason Smith
participated in the AGOA Forum in Washington, D.C.
The Committee also engaged in frequent Member and staff
consultations with USTR and other relevant agencies regarding
all preference programs.

10. OTHER TRADE SECTORS

Agriculture

On March 6, 2014, in accordance with the section 332(f) of
the Tariff Act of 1930 and at the request of then-Committee
Chairman Dave Camp, the U.S. International Trade Commission
submitted to the Committee a report on the global
competitiveness of the U.S. rice industry.
On June 14, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Agriculture Trade and Eliminating
Barriers to U.S. Exports.'' The purpose of the hearing was to
focus on how high-standard and ambitious trade agreements that
are thoroughly implemented and fully enforced can open much-
needed markets to U.S. agriculture exports and that benefit
rural and urban America. Testimony was received from (i) Kevin
Paap, President Minnesota Farm Bureau; Chair--American Farm
Bureau Federation Trade Advisory Committee, (ii) Randy Mooney,
Chairman--National Milk Producers Federation, (iii) John Weber,
President--National Pork Producers Council, (iv) Dale Foreman,
Chairman--Foreman Fruit Company, and (v) Heather McClung, Co-
Owner--Schooner EXACT Brewing Company; President, Washington
Brewers Guild.

Digital Trade

On July 13, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Digital Trade and Eliminating
Barriers to U.S. Digital Exports.'' The purpose of the hearing
was to focus on how high-standard and ambitious digital trade
provision in U.S. trade agreements can, if thoroughly
implemented and fully enforced, open markets to U.S. exports
and benefit U.S. businesses of all sizes that rely on digital
trade to enable sales of goods and services. Testimony was
received by (i) Robert Atkinson, President--Information
Technology and Innovation Foundation, (ii) Christopher A.
Padilla, Vice President--Government and Regulatory Affairs, IBM
Corporation, (iii) Michael M. Beckerman, President and CEO--
Internet Association, (iv) Kavita Shukla, Founder and CEO--
Fenugreen LLC, and (v) Usman Ahmed, Head of Global Public
Policy--PayPal Inc.

11. WORLD TRADE ORGANIZATION

On December 15-18, 2016 the Committee conducted a
bipartisan staff delegation to Nairobi, Kenya to participate in
the Tenth WTO Ministerial and to meet with officials from WTO
countries and U.S. officials.
On November 1-4, 2016, the Committee conducted a bipartisan
staff delegation to Geneva and met with officials from the WTO,
the United States and other WTO member countries. Topics
addressed included ongoing negotiations, accessions to the WTO,
and disputes being adjudicated at the WTO.
The Committee held frequent Member and staff consultations
with USTR concerning the ongoing negotiations as well as
accessions to the WTO. The Committee also held regular Member
and staff consultations with USTR regarding ongoing disputes
being adjudicated at the WTO.

12. ENFORCEMENT

H.R. 1907, the ``Trade Facilitation and Trade Enforcement
Act of 2015,'' was introduced on April 21, 2015, by then-Trade
Subcommittee Chairman Pat Tiberi and Representatives Kevin
Brady and Charles Boustany and was referred to the Committee on
Ways and Means and to the Committees on Homeland Security,
Foreign Affairs, Financial Services, and the Judiciary. The
Committee considered H.R. 1907 on April 23 and ordered the
bill, as amended, favorably reported by voice vote. The
Committee filed its report on May 14.
On February 2, 2015, Representative Tom Reed, together with
7 cosponsors, introduced H.R. 644, ``to amend the Internal
Revenue Code of 1986 to permanently extend and expand the
charitable deduction for contributions of food inventory.'' The
Committee reported the bill on February 9. On February 12, the
House passed the bill by a recorded vote of 279-137.
H.R. 644 then became the vehicle for consideration of the
``Trade Facilitation and Trade Enforcement Act of 2015'' (H.R.
1907). On May 14, the Senate passed H.R. 644, as amended to
include certain provisions of H.R. 1907 and to change the title
of the bill to ``An Act to reauthorize trade facilitation and
trade enforcement functions and activities, and for other
purposes,'' by a recorded vote of 78-20. On June 12, the House
passed the legislation with an amendment to the Senate
amendment, by a recorded vote of 240-190. On June 24, the
Senate insisted on its amendment, asked that a conference
committee be convened to resolve differences with the House,
and appointed conferees. On December 1, the House insisted on
its amendment, moved to convene a conference committee, and
appointed its conferees, by a recorded vote of 252-170. The
Conference Committee met on December 7 and filed its conference
report on December 9 (H. Rept. 114-376).
On December 11 the House agreed to the conference report by
a recorded vote of 256-158. On February 11, 2016, the Senate
agreed to the conference report by a recorded vote of 75-20. On
February 24, the bill was signed into law and became Public Law
No. 114-125.
On May 21, 2015, Representative Bost, together with 46
cosponsors, introduced H.R. 2523, the ``American Trade
Enforcement Effectiveness Act,'' to make improvements to the
antidumping and countervailing duty laws. Provisions of H.R.
2523 were later incorporated into H.R. 1295, the ``Trade
Preferences Extension Act of 2015.''
On January 4, 2013, Representative Boustany, together with
six cosponsors, introduced H.R. 166, the ``Preventing Recurring
Trade Evasion and Circumvention Act (PROTECT Act), ``to prevent
the evasion of antidumping and countervailing duty orders, and
for other purposes. On April 9, 2013, Representative Long,
together with 50 cosponsors, introduced H.R. 1440, the
``Enforcing Orders and Reducing Customs Evasion Act'' (ENFORCE
Act), to prevent the evasion of antidumping and countervailing
duty orders, and for other purposes. Provisions of H.R. 978 and
H.R 1440 were later incorporated into H.R. 644, the ``Trade
Facilitation and Trade Enforcement Act of 2015,'' which was
signed into law on February 24, 2015, and became Public Law No.
114-125.
On April 21, 2015, Representative Ron Kind, together with
three cosponsors, introduced H.R. 1903, ``to Amend the Tariff
Act of 1930 to eliminate the consumptive demand exception to
prohibition on importation of goods made with convict labor,
forced labor, or indentured labor, and for other purposes.''
The bill was referred to the Committee on Ways and Means.
Provisions of H.R. 1903 were later incorporated into H.R. 644,
the ``Trade Facilitation and Trade Enforcement Act of 2015,''
which was signed into law on February 24, 2015, and became
Public Law No. 114-125.
On April 22, 2015, Representative Earl Blumenauer, together
with eight cosponsors, introduced H.R. 1947, the ``STRONGER Act
of 2015,'' to establish the Trade Agreements Enforcement Trust
Fund. The Bill was referred to the Committee on Ways and Means.
Provisions of H.R. 1947 were later incorporated into H.R. 644,
the ``Trade Facilitation and Trade Enforcement Act of 2015,''
which was signed into law on February 24, 2015, and became
Public Law No. 114-125.

13. CUSTOMS AUTHORIZATION

H.R. 1907, the ``Trade Facilitation and Trade Enforcement
Act of 2015,'' was introduced on April 21, 2015, by then-Trade
Subcommittee Chairman Pat Tiberi and Representatives Kevin
Brady and Charles Boustany and was referred to the Committee on
Ways and Means and to the Committees on Homeland Security,
Foreign Affairs, Financial Services, and the Judiciary. The
Committee considered H.R. 1907 on April 23, 2015 and ordered
the bill, as amended, favorably reported by voice vote (with a
quorum being present). The Committee filed its report on May
14, 2015.
On February 2, 2015, Representative Tom Reed, together with
7 cosponsors, introduced H.R. 644, ``to amend the Internal
Revenue Code of 1986 to permanently extend and expand the
charitable deduction for contributions of food inventory.'' The
Committee reported the bill on February 9. On February 12, the
House passed the bill by a recorded vote of 279-137.
H.R. 644 then became the vehicle for consideration of the
``Trade Facilitation and Trade Enforcement Act of 2015'' (H.R.
1907). On May 14, the Senate passed H.R. 644, as amended to
include certain provisions of H.R. 1907 and to change the title
of the bill to ``An Act to reauthorize trade facilitation and
trade enforcement functions and activities, and for other
purposes,'' by a recorded vote of 78-20. On June 12, the House
passed the legislation with an amendment to the Senate
amendment, by a recorded vote of 240-190. On June 24, the
Senate insisted on its amendment, and asked that a conference
committee be convened to resolve differences with the House,
and appointed conferees. On December 1, the House insisted on
its amendment, moved to convene a conference committee, and
appointed its conferees, by a recorded vote of 252-170. The
Conference Committee met on December 7 and filed its conference
report on December 9 (H. Rept. 114-376).
On December 11 the House agreed to the conference report by
a recorded vote of 256-158. On February 11, 2016, the Senate
agreed to the conference report by a recorded vote of 75-20. On
February 24, the bill was signed into law and became Public Law
No. 114-125.
On February 13, 2015, Representatives Aaron Schock and Todd
Young, together with 41 cosponsors, introduced H.R. 978, the
``Low Value Shipment Regulatory Modernization Act of 2015'' to
increase the value threshold of articles that may be imported
duty-free into the United States by one person on one day. The
bill was referred to the Committee on Ways and Means.
Provisions of H.R. 978 were later incorporated into H.R. 644,
the ``Trade Facilitation and Trade Enforcement Act of 2015,''
which was signed in into law on February 24, 2015, and became
Public Law No. 114-125.
On April 14, 2015 Representative Kenny Marchant introduced
H.R. 1773, the ``Residue Entries and Streamlining Trade Act,''
to exempt from duty treatment the residue of bulk cargo
contained in instruments of international traffic previously
exported from the United States. The bill was referred to the
Committee on Ways and Means. Provisions of H.R. 1773 were later
incorporated into H.R. 644, the ``Trade Facilitation and Trade
Enforcement Act of 2015,'' which was signed into law on
February 24, 2015, and became Public Law No. 114-125.
On May 13, 2016, Representative William Keating, together
with 19 cosponsors, introduced H.R. 2285, the ``Prevent
Trafficking in Cultural Property Act,'' to improve the
enforcement against trafficking in cultural property and
prevent stolen or illicit cultural property from financing
terrorist and criminal networks. On May 13, the bill was
referred to the Committee on Ways and Means and in addition to
the Committees on Homeland Security and the Judiciary. On
November 4, the Committee on Homeland Security ordered the bill
reported, as amended, by voice vote. On September 14, the
Committee on Ways and Means considered the bill and ordered it
reported, as amended, by voice vote. On September 22, the House
voted to suspend the rules and pass the bill, as amended, by a
vote of 415-0. On September 26, the bill was received in the
Senate and referred to the Committee on Finance. There has been
no further action.
On September 27, 2016, the Trade Subcommittee held a
hearing entitled ``Effective Enforcement of U.S. Trade Laws.''
The purpose of the hearing was to focus on U.S. Customs and
Border Protection's enforcement of U.S. trade laws and the
implementation of the Trade Facilitation and Trade Enforcement
Act of 2015. Testimony was received from Commissioner R. Gil
Kerlikowske, U.S. Customs and Border Protection.
Throughout the 114th Congress, the Committee engaged in
extensive consultation with CBP concerning enforcement and
Member priorities.

14. TRADE ADJUSTMENT ASSISTANCE

On April 17, 2015, Chairman Reichert, together with
Representatives Reed and Meehan, introduced H.R. 1892, the
``Trade Adjustment Assistance Reauthorization Act of 2015.''
The bill was referred to the Committee. The Committee voted to
order the bill reported, as amended, without recommendation, by
voice vote on May 8. On June 12, the House considered the House
amendment to the Senate amendment to H.R. 1314. H. Res. 305,
the rule to consider the bill, stated that the question would
be divided as follows: (1) the first vote would be on Title II
of the bill, which was the text of H.R. 1892, the ``Trade
Adjustment Assistance Reauthorization Act of 2015''; and (2)
the second vote would be on Title I of the bill, which was the
text of H.R., 1890, as amended, the ``Bipartisan Congressional
Trade Priorities and Accountability Act of 2015.'' As to the
first vote, relating to Trade Adjustment Assistance, the House
defeated the motion by a recorded vote of 126-302.
The provisions of H.R. 1892 were then included in the
Senate amendment to H.R. 1295, ``to amend the Internal Revenue
Code of 1986 to improve the process for making determinations
with respect to whether organizations are exempt from taxation
under section 501(c)(4) of such Code,'' which the Senate passed
on June 24 by voice vote. On June 25, the House agreed to the
Senate amendment to H.R. 1295 by a recorded vote of 286-138.
The bill was signed into law on June 29 and became Public Law
No. 114-27.

15. MISCELLANEOUS TARIFF BILL

On April 14, 2016, the Trade Subcommittee held a hearing
entitled ``The Miscellaneous Tariff Bill: Helping U.S.
Manufacturers through Tax Cuts.'' The purpose of the hearing
was to focus on the U.S. manufacturing and economic benefits of
providing temporary tariff relief on imported finished goods
and raw materials not produced in the United States and the
goal of establishing a process in the House for consideration
of such legislation in a manner that is consistent with House
Rules and related guidance. Testimony was received from (i)
Leib Oehmig, President and Chief Operating Officer--Glen Raven,
Inc., (ii) Dawn Grove, Corporate Counsel--Karsten Manufacturing
Corporation, (iii) Brooke DiDomenico, Production Manager--
Nation Ford Chemical, and (iv) Matthew Schreiner, Global Leader
for GORE-TEX Footwear Innovation--W.L. Gore & Associates.
On April 13, Chairman Kevin Brady, Ranking Member Sander
Levin, Trade Subcommittee Chairman Dave Reichert, and Trade
Subcommittee Ranking Member Charles Rangel, together with 58
cosponsors, introduced H.R. 4923, the ``American Manufacturing
Competitiveness Act of 2016,'' to establish a process for the
submission and consideration of petitions for temporary duty
suspensions and reductions in coordination with the
International Trade Commission.
On April 13, the bill was referred to the Committee on Ways
and Means. On April 20, the Committee considered the
legislation and ordered it to be reported, as amended, by voice
vote. On April 27, the House passed H.R. 4923, as amended, by a
vote of 415-2. On May 10, the Senate passed the bill without
amendment by unanimous consent. On May 20, the bill was signed
into law and became Public Law No. 114-159.
Since enactment of the legislation, the Committee has
consulted heavily with the International Trade Commission and
the Department of Commerce to assure that the terms of the new
statute are being implemented properly.

C. Legislative Review of Health Issues

1. BILLS ENACTED INTO LAW DURING THE 114TH CONGRESS

a) Medicare Access and CHIP Reauthorization Act of 2015 (P.L. 114-10)

On March 24, 2015, Representative Michael C. Burgess
introduced H.R. 2, a bill to repeal the Medicare sustainable
growth rate (SGR) and strengthen Medicare access by improving
physician payments and making other improvements. With the SGR
no longer determining physician payment updates, the updates
will be based on a quality payment program where physicians
will report improvements under a unified system. Along with
other Medicare extender policies and reforms, H.R. 2
reauthorized the Children's Health Insurance Program. On March
26, 2015, the House passed the bill by a vote of 392-37. On
April 14, 2015, the Senate passed the bill without amendment by
a vote of 92-8. On April 16, 2015, the President signed the
bill into law.

b) Steve Gleason Act of 2015 (P.L. 114-40)

On April 16, 2015, Senator David Vitter introduced S. 984,
a bill to provide Medicare beneficiaries access to eye tracking
accessories for speech generating devices and to remove the
rental cap for durable medical equipment under the Medicare
program with respect to such devices. On March 22, 2015, the
bill was received in the House. On July 15, 2015, the House
passed the bill on a motion to suspend the rules and pass the
bill agreed by a voice vote. On July 30, 2015, the President
signed the bill into law.
This bill covers as durable medical equipment any eye
tracking and gaze interaction accessories for speech generating
devices furnished to individuals with a demonstrated medical
need for them. Payment for speech generating devices or
accessories shall be made on a rental basis, or in a lump-sum
amount for the purchase of the item, without a cap on the
amount in the case of devices furnished on or after October 1,
2015, and before October 1, 2018.

c) NOTICE Act (P.L. 114-42)

On February 11, 2015, Representative Lloyd Doggett
introduced H.R. 876, a bill to require hospitals to provide
certain notifications to individuals classified by such
hospitals under observation status rather than admitted as
inpatients of such hospitals. On March 16, 2015, the House
passed the bill under suspension of the rules by a vote of 395-
0. On July 27, 2015, the Senate passed the bill without
amendment by unanimous consent. On August 6, 2015, the
President signed the bill into law.
This bill amends title XVIII of the Social Security Act
(SSA) to require a hospital or critical access hospital with an
agreement with the Secretary of Health and Human Services (HHS)
to give each individual who receives observation services as an
outpatient for more than 24 hours an adequate oral and written
notification within 36 hours of arrival.

d) Securing Fairness in Regulatory Timing Act of 2015 (P.L. 114-106)

On October 26, 2015, Representative Kevin Brady introduced
H.R. 3831, a bill to extend the annual comment period for
payment rates under Medicare Advantage (MA). On December 10,
2015, a motion to consider was agreed to without objection. On
December 16, 2015, the Senate passed the bill. On December 18,
2015, the bill was signed into law by the President.
This bill extends from 45 days to 60 days the annual notice
period for the announcement of payment rates under MA. MA
organizations shall have at least 30 days to comment on
proposed changes.

e) Patient Access and Medicare Protection Act (P.L. 114-115)

On December 18, 2015, Senator Rob Portman introduced S.
2425, a bill to improve payments for complex rehabilitation
technology and certain radiation therapy services, to ensure
flexibility in applying the hardship exception for meaningful
use for the 2015 reporting period for 2017 payment adjustments,
and for other purposes. On December 28, 2015, the bill was
signed into law by the President.

f) CARA (P.L. 114-198)

On February 12, 2015, Senator Sheldon Whitehouse introduced
S. 524, a bill to authorize the Attorney General and Secretary
of HHS to award grants to address the prescription opioid abuse
and heroin use crisis, and for other purposes. The legislation
authorizes increased funds to fight the opioid crisis, and
included a provision that would allow for more control and
management over those in Medicare abusing and/or diverting
prescription drugs. On July 22, 2016, the bill was signed into
law by the President.

g) 21st Century Cures Act (P.L. 114-255)

On January 6, 2015, Representative Suzanne Bonamici
introduced H.R. 34, a bill to authorize and strengthen the
tsunami detection, forecast, warning, research, and mitigation
program of the National Oceanic and Atmospheric Administration.
On December 1, 2016, the Senate Amendment, S. 6645, was placed
in H.R. 34. On November 30, 2016, the House passed the bill
under a rule, after being amended at Rules Committee to
substitute in the 21st Century Cures Act, by a vote of 392-26.
On December 7, 2016 the Senate passed the bill, by a vote of
94-5. On December 13, 2016, the bill was signed into law by the
President.
The Cures Act promotes innovation and advancements in
technology, eliminates regulations that stifle competition,
provides resources to combat the growing opioid epidemic,
ensures critical support for those struggling with mental
health, and supports cutting-edge research and the next
generation of scientists. The bill also includes policy similar
to the provisions in H.R. 5273, H.R. 5713, H.R. 5447, H.R.
5613, H.R. 5659, H.R. 2488, H.R. 5210, S. 2261, and S. 313.

2. HEALTH CARE PROPOSALS DURING THE 114TH CONGRESS

a) H.R. 284, Medicare DMEPOS Competitive Bidding Improvement Act

On January 12, 2015, Representative Patrick Tiberi and 27
cosponsors introduced H.R. 284, a bill to require State
licensure and bid surety bonds for entities submitting bids
under the Medicare durable medical equipment, prosthetics,
orthotics, and supplies (DMEPOS) competitive acquisition
program, and for other purposes. On March 16, 2015, the House
passed the bill under suspension of the rules as amended by
voice vote. This bill was included as part of H.R. 2, MACRA.
For more information, refer to section 1(a).
As passed by the House, H.R. 284 would amend title XVIII
(Medicare) of the SSA with respect to the Medicare DMEPOS
competitive acquisition program. It prohibits an entity from
submitting a bid for a competitive acquisition area, during
calendar 2017-2019, unless it has obtained a bid surety bond of
between $50,000 and $100,000 for each such area. It requires
the forfeit of any bid bond submitted for a competitive
acquisition area if the bidding entity does not accept a
contract offered for any product category when its composite
bid was at or below the median composite bid rate for all
bidding entities included in the calculation of the single
payment amounts for the product category and the area. It
requires the Secretary of Health and Human Services to collect
on the forfeited bond. It requires return of a bid bond within
a specified 90-day period to a bidding entity that does not
meet such bid forfeiture conditions. It prohibits the Secretary
from awarding a contract to any entity that does not meet state
licensure requirements. Finally, it directs the Government
Accountability Office to study the effect of this bid surety
bond requirement on the participation of small suppliers in the
Medicare DMEPOS competitive acquisition program.

b) H.R. 596, Repealing the Patient Protection and Affordable Care Act
and health care-related provisions

On January 28, 2015, Representative Bradley Byrne
introduced H.R. 596, 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, and
for other purposes. On February 3, 2015, the House passed the
bill by a vote of 239-186.
This bill repeals the Patient Protection and Affordable
Care Act and the health care provisions of the Health Care and
Education Reconciliation Act of 2010. The repeal is effective
180 days after enactment of this Act. Provisions of law amended
by the repealed provisions are restored. The bill directed the
Education and the Workforce, Energy and Commerce, Judiciary,
and Ways and Means Committees of the House of Representatives
to report legislation within each committee's jurisdiction with
provisions aimed at patient-centered health care reform.

c) H.R. 954, CO-OP Consumer Protection Act of 2016

On February 12, 2015, Representative Adrian Smith
introduced H.R. 954, a bill to exempt from the individual
mandate certain individuals who had coverage under a terminated
qualified health plan funded through the Consumer Operated and
Oriented Plan (CO-OP) Program. On September 8, 2016, the
Committee held a mark-up session and reported the bill as
amended, by a voice vote. On September 27, 2016, the House
passed the bill by a vote of 258-165.
This bill temporarily exempts from penalties for failing to
purchase and maintain minimum essential health care coverage
individuals whose coverage under a plan offered by a qualified
nonprofit health insurance issuer receiving funds through the
Consumer Operated and Oriented Plan program was terminated or
otherwise discontinued.

d) H.R. 1190, Protecting Seniors' Access to Medicare Act of 2015

On March 2, 2015, Representative David P. Roe, along with
206 cosponsors, introduced H.R. 1190, a bill to repeal the
provisions of the Affordable Care Act (ACA) providing for the
Independent Payment Advisory Board (IPAB) tasked with
developing proposals to reduce the per capita rate of growth in
spending under title XVIII (Medicare) of the SSA. On June 23,
2015, the House passed the bill by a vote of 244-154.
This bill rescinded funding to the Prevention and Public
Health Fund for FY2017-FY2026 and each fiscal year thereafter
in order to fully offset the legislation.

e) H.R. 1270, Restoring Access to Medication and Improving Health
Savings Act of 2016

On March 4, 2015, Representative Lynn Jenkins introduced
H.R. 1270, a bill to repeal the amendments made by the Patient
Protection and Affordable Care Act which disqualify expenses
for over-the-counter drugs under health savings accounts and
health flexible spending arrangements. On September 17, 2015,
the Committee held a mark-up session and ordered the bill to be
reported as amended by voice vote. On July 6, 2016, the House
passed the bill under a rule, after being amended at the Rules
Committee to incorporate H.R. 4723 and H.R. 5445, by a vote of
243-164.
This bill repeals provisions of the Internal Revenue Code,
added by the Patient Protection and Affordable Care Act, that
limit payments for medications from health savings accounts,
medical savings accounts, and health flexible spending
arrangements to only prescription drugs or insulin (thus
allowing distributions from such accounts for over-the-counter
drugs). This repeal applies to drug expenses incurred after
December 31, 2015.

f) H.R. 2507, Increasing Regulatory Fairness Act of 2015

On May 21, 2015, Representative Kevin Brady introduced H.R.
2507, a bill to establish an annual rulemaking schedule for
payment rates under MA. On June 17, 2015, the House passed the
bill under suspension of the rules as amended by voice vote. As
of December 10, 2016, the Senate had not yet taken up the
legislation.
This bill amends Part C of title XVIII (Medicare) of the
SSA to direct the Department of HHS, by regulation and in
accordance with certain notice and public comment requirements,
to determine and announce annually for 2017 and each subsequent
year: (1) the annual MA capitation rate for each MA payment
area for the year concerned, (2) the risk and other factors to
be used in adjusting such rates for monthly payments in such
year, (3) the MA region-specific non-drug monthly benchmark
amount for each MA region and each MA regional plan for which a
bid was submitted, and (4) the major policy changes to the risk
adjustment model and the 5-star rating system that are
determined to have an economic impact.

g) H.R. 2505, Medicare Advantage Coverage Transparency Act of 2015

On May 21, 2015, Representative Mike Kelly introduced H.R.
2505, a bill to require the annual reporting of data on
enrollment in Medicare Advantage plans. On June 17, 2015, the
House passed the bill under suspension of the rules, as
amended, by voice vote. A similar provision was included as
part of H.R. 34, the ``21st Century Cures Act,'' which became
law. For more information, refer to section 1(g).
This bill amends title XVIII (Medicare) of the SSA to
direct the Department of HHS to report to specified
congressional committees on enrollment data for all Medicare
programs.

h) H.R. 2570, Strengthening Medicare Advantage through Innovation and
Transparency for Seniors Act of 2015

On May 22, 2015, Representative Diane Black introduced H.R.
2570, a bill to amend title XVIII of the SSA with respect to
the treatment of patient encounters in ambulatory surgical
centers in determining meaningful electronic health record
(EHR) use, establish a demonstration program requiring the
utilization of Value-Based Insurance Design to demonstrate that
reducing the copayments or coinsurance charged to Medicare
beneficiaries for selected high-value prescription medications
and clinical services can increase their utilization and
ultimately improve clinical outcomes and lower health care
expenditures, and for other purposes. On June 17, 2015, the
House passed the bill under suspension of the rules as amended
by voice vote.

i) H.R. 2582, Seniors' Health Care Plan Protection Act of 2015

On May 29, 2015, Representative Vern Buchanan introduced
H.R. 2582, a bill to delay the authority to terminate MA
contracts for plans failing to achieve minimum quality ratings,
to make improvements to the Medicare Adjustment risk adjustment
system, and for other purposes. On June 17, 2015, the House
passed the bill under suspension of the rules as amended by
voice vote.
This bill amends Part C of title XVIII (Medicare) of the
SSA to direct HHS to revise for 2017, and periodically
afterwards, the system for risk adjustments to payments to
Medicare+Choice organizations so that an individual's risk
score takes into account the number of chronic conditions with
which the individual has been diagnosed. A similar provision
was included as part of H.R. 34, the ``21st Century Cures
Act'', which became law. For more information, refer to Section
(1)g.

j) H.R. 2878, A bill to provide for the extension of the enforcement
instruction on supervision requirements for outpatient
therapeutic services in critical access and small rural
hospitals through 2015

On June 24, 2015, Representative Lynn Jenkins introduced
H.R. 2878, a bill to provide for the extension of the
enforcement instruction on supervision requirements for
outpatient therapeutic services in critical access and small
rural hospitals through 2015. On September 10, 2015, the bill
was passed in the Senate, as S. 1461, with an amendment. On
December 10, 2015, the bill was signed into law by the
President (P.L. 114-12).
This bill requires the Department of HHS to continue to
instruct Medicare contractors not to enforce requirements for
direct physician supervision of outpatient therapeutic services
in critical access and small rural hospitals through calendar
year 2015.

k) H.R. 3590, Halt Tax Increases on the Middle Class and Seniors Act

On September 22, 2015, Representative Martha McSally
introduced H.R. 3590, a bill to repeal the increase in the
income threshold used in determining the deduction for medical
care. On June 15, 2016, the Committee held a mark-up session
and ordered the bill to be reported by a vote of 24-11. On
September 13, 2016 the House passed the bill by 261-147.
This bill amends the Internal Revenue Code to roll back the
increased threshold for determining the amount of the tax
deduction for medical expenses. Currently, individual taxpayers
under age 65 may deduct only those medical expenses that exceed
10% of their adjusted gross income. This bill reduces that
percentage to 7.5% for all taxpayers for tax years beginning
after December 31, 2015. The threshold percentage remains at
10% for purposes of computing the alternative minimum tax.

l) H.R. 4723, Protecting Taxpayers by Recovering Improper Obamacare
Subsidy Overpayments Act

On March 10, 2016, Representative Lynn Jenkins introduced
H.R. 4723, a bill to provide for the recovery of improper
overpayments resulting from certain Federal subsidized health
insurance. On March 16, 2016, the Committee held a mark-up
session and reported the bill as amended, by a vote of 22-15.
The bill amends the Internal Revenue Code to eliminate the
limitation on the increase in tax imposed upon certain low-
income families for advance payments of the tax credit for
health insurance premium assistance that exceeds the allowable
amount of such credit. For more information, refer to 2(h).

m) H.R. 5210, PADME

On May 12, 2016, Representative Tom Price introduced H.R.
5210, a bill to improve access to durable medical equipment for
Medicare beneficiaries under the Medicare program, and for
other purposes. On July 5, 2016, the House passed the bill on a
motion to suspend the rules, as amended, by a voice vote. A
similar provision was included as part of H.R. 34, the ``21st
Century Cures Act,'' which became law. For more information,
refer to section 1(g).

n) H.R. 5273, Helping Hospitals Improve Patient Care Act of 2016

On May 18, 2016, Representative Pat Tiberi introduced H.R.
5273, a bill to amend title XVIII of the SSA to provide for
regulatory relief under the Medicare program for certain
providers of services and suppliers and increased transparency
in hospital coding and enrollment data, and for other purposes.
On May 24, 2016, the Committee held a mark-up session and
ordered it reported as amended by voice vote. On June 7, 2016,
the House passed the bill under suspension of the rules as
amended by voice vote. A similar provision was included as part
of H.R. 34, the ``21st Century Cures Act,'' which became law.
For more information, refer to section 1(g).
The bill amends title XVIII (Medicare) of the SSA to
require the Centers for Medicare & Medicaid Services (CMS) to
develop, with respect to claims for hospital services, codes
under the Healthcare Common Procedure Coding System (HCPCS) for
similar inpatient and outpatient hospital services.
The bill establishes processes for adjusting a hospital's
Medicare payments based on the hospital's overall proportion of
inpatients who are dually eligible for Medicare and Medicaid.
The bill extends for five years the Rural Community Hospital
Demonstration Program, through which Medicare pays certain
rural hospitals on the basis of reasonable incurred costs
rather than under the standard prospective payment system. With
respect to long-term care hospitals, the bill lifts a
moratorium on bed increases. The bill reduces rates for high-
cost outlier payments, which are additional Medicare payments
made in extraordinarily high-cost cases. The bill reduces the
amount by which hospital payment rates for inpatient services
increase in FY2018. The bill excludes certain off-campus
outpatient departments (OPDs) from specified rules that mandate
lower Medicare payments. With respect to payment reductions for
failing to meet requirements for the meaningful use of
electronic health records (EHRs), the bill exempts eligible
professionals who are based in ambulatory surgical centers.
Until plan year 2019, CMS may not terminate an MA plan solely
because the plan failed to achieve a specified minimum quality
rating. CMS must annually report on Medicare enrollment data,
as specified by the bill. CMS shall (1) request information and
recommendations from stakeholders on information included in
the Welcome to Medicare package, and (2) update the information
included in the package accordingly.

o) H.R. 5447, Small Business Health Care Relief Act of 2016

On June 10, 2016, Representative Charles Boustany
introduced H.R. 5447, a bill to provide an exception from
certain group health plan requirements for qualified small
employer health reimbursement arrangements. On June 15, 2016,
the Committee held a mark-up session and ordered the bill
reported as amended by voice vote (H. Rept. 114-634). On June
21, 2016, the House passed the bill under suspension of the
rules, as amended by voice vote. A similar provision was
included as part of H.R. 34, the ``21st Century Cures Act,''
which became law. For more information, refer to section 1(g).
This bill amends the Internal Revenue Code, the ACA, and
other laws to exempt qualified small employer health
reimbursement arrangements from certain requirements that apply
to group health plans.

p) H.R. 5452, Native American Health Savings Improvement Act

On June 10, 2016, Representative John Moolenaar introduced
H.R. 5452, a bill to permit individuals eligible for Indian
Health Services assistance to qualify for health savings
accounts. On June 15, 2016, the Committee held a mark-up
session and reported the bill as amended. On June 21, 2016, the
House passed the bill under suspension of the rules as amended
by voice vote.
This bill amends the Internal Revenue Code to specify that
receiving hospital care or medical services under a medical
care program of the Indian Health Service or a tribal
organization does not disqualify an individual from being
eligible to contribute to a health savings account on a tax-
preferred basis.

q) H.R. 5458, Veterans TRICARE Choice Act of 2016

On June 13, 2016, Representative Chris Stewart introduced
H.R. 5458, a bill that provides for coordination between the
TRICARE program and eligibility for making contributions to a
health savings account. On June 15, 2016, the Committee held a
mark-up session and reported the bill as amended by a voice
vote. On November 29, 2016, the House passed the bill under
suspension of the rules.
The proposal would allow certain TRICARE-eligible
individuals to elect out of coverage and thus, during that
period, be eligible to make health savings account (HSA)
contributions.

r) H.R. 5613, CAH Act of 2016

On July 1, 2016, Representative Lynn Jenkins introduced
H.R. 5613, a bill to provide for the extension of the
enforcement instruction on supervision requirements for
outpatient therapeutic services in critical access and small
rural hospitals through 2016. On July 7, 2016, the Committee
held a mark-up session and ordered the bill to be reported as
amended by voice vote. On September 21, 2016 the House passed
the bill, as amended by a vote of 420-0. As of December 10,
2016, the Senate had not yet taken up the legislation. A
similar provision was included as part of H.R. 34, the ``21st
Century Cures Act,'' which became law. For more information,
refer to section 1(g).
This bill requires the Centers for Medicare & Medicaid
Services to continue to instruct Medicare contractors not to
enforce requirements for direct physician supervision of
outpatient therapeutic services in critical access and small
rural hospitals through 2016. The Medicare Payment Advisory
Commission must report on the effect of extending this
instruction on (1) Medicare beneficiaries, and (2) hospital
staffing needs.

s) H.R. 5659, ESRD Choice Act of 2016

On July, 7, 2016, Representative Jason Smith introduced
H.R. 5659, a bill to amend title XVIII of the SSA with respect
to expanding MA coverage for individuals with ESRD. On July 13,
2016, the Committee held a mark-up session and ordered the bill
reported as amended by voice vote. On September 21, 2016, the
House passed the bill, as amended, on a motion to suspend the
rules, by a vote of 423-0. A similar provision was included as
part of H.R. 34, the ``21st Century Cures Act,'' which became
law. For more information refer to section 1(g).

t) H.R. 5713, Sustaining Healthcare Integrity and Fair Treatment Act of
2016

On July 11, 2016, Representative Pat Tiberi introduced H.R.
5713, a bill to provide for the extension of certain long-term
care hospital Medicare payment rules, clarify the application
of rules on the calculation of hospital length of stay to
certain moratorium-excepted long-term care hospitals, and for
other purposes. On July 13, 2016, the Committee held a mark-up
session and ordered the bill reported as amended by voice vote.
On September 21, 2016, the House passed the bill, as amended,
on a motion to suspend the rules, by a vote of 420-3. A similar
provision was included as part of H.R. 34, the ``21st Century
Cures Act,'' which became law. For more information refer to
section 1(g).
This bill amends titles XVIII (Medicare) and XIX (Medicaid)
of the SSA, among other Acts, to modify provisions related to
long-term care hospital (LTCH) payments under Medicare. The
bill amends the Medicare, Medicaid, and SCHIP Extension Act of
2007 to revise the applicability of certain Medicare payment
rules exempting LTCHs from negative payment adjustments for
admissions from certain co-located hospitals beyond specified
thresholds. These rules shall apply for an additional period
beginning on October 1, 2016. In addition, the bill amends the
Pathway for SGR Reform Act of 2013 to expand to all LTCHs the
application of a payment rule that requires the exclusion of
certain patients for purposes of calculating length of stay.
Under current law, the payment rule applies only to a hospital
that was classified as an LTCH as of a specified date. The bill
removes certain hospitals specializing in neoplastic disease
from their classification as LTCHs for purposes of Medicare
payment. With specified exceptions, current law applies certain
payment limits to inpatient services for LTCHs that do not meet
specified discharge requirements. The bill: (1) establishes a
new temporary exception to these limits for certain spinal cord
specialty hospitals, and (2) expands an existing temporary
exception with respect to certain discharges involving severe
wounds. Current law allows the Centers for Medicare & Medicaid
Services to impose a temporary moratorium on the enrollment of
new providers under Medicare, Medicaid, or the Children's
Health Insurance Program (CHIP) if necessary to combat fraud,
waste, or abuse. With specified exceptions, the bill prohibits
payment under these programs to new providers in areas subject
to such temporary moratorium.

u) H.R. 5942, Dialysis Patient Access to Integrated-Care, Empowerment,
Nephrologists, Treatment, and Services Demonstration Act of
2016

On September 7, 2016, Representative Todd Young introduced
H.R. 5942, a bill to establish a demonstration program to
provide integrated care for Medicare beneficiaries with end-
stage renal disease (ESRD). On September 8, 2016, the Committee
held a mark-up session and reported the bill as amended by a
voice vote.
This bill establishes a model that: (1) shall cover medical
and hospital services, other than hospice care, under Medicaid;
(2) must include benefits for transition into palliative care;
and (3) may cover prescription drug benefits. An organization
must offer at least one open network model but may also offer
one or more preferred network models.

3. HEALTH PROPOSALS DURING THE 114TH CONGRESS

On May 17, 2016, the Subcommittee on Health held a Member
Day Hearing on tax-related proposals to improve health care.
The hearing provided Members of Congress with time to present
legislation that modifies the tax code to deliver better
quality and more affordable health care options to Americans.
Testimony was received from (i) Lynn Jenkins; (ii) Adrian
Smith; (iii) Erik Paulsen; (iv) Kristi Noem; (v) Luke Messer;
(vi) Mark Meadows; (vii) Mike Kelly; (viii) Ami Bera; (ix) Mike
Thompson; (x) Charles Boustany; (xi) Grace Meng; (xii) Martha
McSally; and (xiii) Suzan DelBene.
On June 6, 2016, the Subcommittee on Health held a Member
Day hearing to discuss the Medicare program. The hearing
provided Members of Congress an opportunity to present
legislation to improve and strengthen the Medicare program.
Legislation authored by the following Members was discussed:
(i) Kenny Marchant; (ii) Robert Dold; (iii) Patrick Meehan;
(iv) Erik Paulsen; (v) Kristi Noem; (vi) Vern Buchanan; (vii)
Peter Roskam; (viii) Dave Reichert; (ix) Mike Thompson; (x) Tom
Price; (xi) Jim Renacci; (xii) Lynn Jenkins; (xiii) Charles
Boustany; (xiv) Bill Pascrell; (xv) Joe Crowley; (xvi) John
Lewis; (xvii) John Larson; (xviii) Christopher Smith; (xix)
Alex Mooney; (xx) Lee Zeldin; and (xxi) Danny Davis.

4. HEALTH CARE SUBCOMMITTEE HEARINGS DURING THE 114TH CONGRESS

Full Committee

On June 10, 2015, the Committee received testimony on the
state of the President's health care law and the President's FY
2016 Budget Proposal for HHS from Sylvia Burwell, Secretary,
HHS.
On February 10, 2016, the Committee received testimony on
the President's FY 2017 Budget Proposal for HHS from Sylvia
Burwell, Secretary, HHS.
On March 14, 2016, the Committee received testimony on the
different tax expenditures in the tax code and determining
those in need of reform from: (i) Joe Antos, American
Enterprise Institute; (ii) Avik Roy, Manhattan Institute; and
(iii) Steven Kreisberg, American Federation of State, County
and Municipal Employees.

Subcommittee

On April 14, 2015, the Subcommittee on Health received
testimony on the individual and employer mandates and
associated penalties in the President's health care law from:
(i) Douglas Holtz-Eakin, President, American Action Forum; (ii)
Scott Womack, President, Womack Restaurants; and (iii) Sabrina
Corlette, Faculty, Georgetown University.
On May 19, 2015, the Subcommittee on Health received
testimony on ideas to improve competition in the Medicare
program from: (i) Joe Antos, Wilson H. Taylor Scholar in Health
Care and Retirement Policy, American Enterprise Institute; (ii)
Joe Minissale, President, Methodist McKinney Hospital; (iii)
Robert Steedley, President, Barnes Healthcare Services
(Valdosta, GA) on behalf of the American Association for
Homecare; and (iv) Rich Umbdenstock, President and CEO,
American Hospital Association.
On July 22, 2015, the Subcommittee on Health received
testimony on hospital payment issues, rural health issues, and
beneficiary access to care from Mark Miller, Executive
Director, Medicare Payment Advisory Commission.
On July 28, 2015, the Subcommittee on Health received
testimony on rural health care disparities created by Medicare
regulations from: (i) Tim Joslin, CEO, Community Regional
Medical Centers; (ii) Shannon Sorensen, CEO, Brown County
Hospital; (iii) Carrie Saia, CEO, Holton Community Hospital;
and (iv) Daniel Derksen, Director, Arizona Center for Rural
Health.
On November 3, 2015, the Subcommittee on Health received
testimony on the state of the ACA's CO-OP Program from Dr.
Mandy Cohen, Chief Operating Officer and Chief of Staff, Center
for Medicare and Medicaid Services.
On March 16, 2016, the Subcommittee on Health received
testimony on ways to preserve and strengthen Medicare from: (i)
Katherine Baicker, Chair and Professor, Harvard T.H. School of
Public Health; (ii) Robert E. Moffit, Senior Fellow, The
Heritage Foundation; and (iii) Stuart Guterman, Senior Scholar
in Residence, AcademyHealth.
On May 11, 2016, the Subcommittee on Health received
testimony on the implementation of the Medicare Access and CHIP
Reauthorization Act of 2015 (MACRA) from Andy Slavitt, Acting
Administrator, Centers for Medicare and Medicaid Services.
On September 7, 2016, the Subcommittee on Health received
testimony on the evolution of quality in Medicare Part A from:
(i) Barbara Gage, Associate Professor, George Washington
University; (ii) Elisabeth Wynn, Senior Vice President, Greater
New York Hospital Association; (iii) Steve Guenthner,
President, Almost Family; and (iv) Gregory Worsowicz,
President, American Academy of Physical Medicine
Rehabilitation.
On September 14, 2016, the Subcommittee on Health received
testimony on the use of technology and innovation to create
efficiencies and higher quality in health care from: (i)
Michael Gallup, President, TeleTracking Technologies; (ii)
Jared Short, Chief Operating Officer, Cambia Health Solutions;
(iii) Paul Black, Chief Executive Officer, Allscripts; and (iv)
Greg Long, Chief Medical Officer and Senior Vice President,
Thedacare.

5. PENDING LEGISLATION WITH THE COMMITTEE REFERRAL

H.R. 7, No Taxpayer Funding for Abortions and Abortion Insurance Full
Disclosure Act

On January 21, 2015, Representative Christopher Smith
introduced H.R. 7, a bill to prohibit taxpayer-funded
abortions.

b) H.R. 6, 21st Century Cures Act

On May 19, 2015, Representative Fred Upton introduced H.R.
6, a bill to accelerate the discovery, development, and
delivery of 21st century cures, and for other purposes. On May
21, 2015, the Energy and Commerce Committee held a mark-up
session and ordered the bill to be reported by a vote of 51-0.
On July 10, 2015, the House passed the bill under a rule by
recorded vote of 344-7. A version of the policies contained in
H.R. 6 became H.R. 34, which became law. For more information,
refer to section 1(g).

c) H.R. 2646, Helping Families in Mental Health Crisis Act of 2016

On June 4, 2015, Representative Tim Murphy introduced H.R.
2646, a bill to make available needed psychiatric,
psychological, and supportive services for individuals with
mental illness and families in mental health crisis, and for
other purposes. On November 3, 2015 the Energy and Commerce
Committee held a mark-up session and ordered the bill favorably
by a vote of 18-12.

d) To amend the Internal Revenue Code of 1986 to ensure that emergency
services volunteers are not taken into account as employees
under the shared responsibility requirements contained in the
Patient Protection and Affordable Care Act (P.L. 114-3)

D. Legislative Review of Human Resources Issues

1. HUMAN RESOURCES BILLS ENACTED INTO LAW DURING THE 114TH CONGRESS

a) Ensuring Access to Clinical Trials Act (P.L. 114-63)

On January 8, 2015, Human Resources Subcommittee Ranking
Member Lloyd Doggett introduced H.R. 209, the Ensuring Access
to Clinical Trials Act. H.R. 209, which repealed the sunset
date of a provision that would have expired on October 31, 2015
allowing payments of up to $2,000 per year to eligible
Supplemental Security Income and Medicaid recipients
participating in clinical trials to be disregarded from
counting as assets when determining eligibility for those
benefits. On July 16, 2015, the Senate passed the companion
bill, S.139, without amendment by unanimous consent. On
September 28, 2015, the House moved to suspend the rules and
passed the bill, which was agreed to by voice vote. On October
7, 2015, the President signed the bill into law.

2. HUMAN RESOURCES PROPOSALS DURING THE 114TH CONGRESS

a) H.R. 2959, TANF Accountability and Integrity Improvement Act

On July 7, 2015, Congresswoman Kristi Noem introduced H.R.
2959, the ``TANF Accountability and Integrity Improvement
Act,'' which amended part A of title IV of the Social Security
Act (Temporary Assistance for Needy Families (TANF)) to set a
limit on the amount of nongovernmental third-party
contributions counted as qualified state expenditures used in
determining whether a state maintains a certain level of
historic state expenditures as required by law. The bill was
referred to the Committee on Ways and Means. On May 11, 2016,
the Committee marked up the bill and ordered it favorably
reported as amended by voice vote (H. Rept. 114-644,). The bill
was placed on the Union Calendar, Calendar No. 496, on June 28,
2016.

b) H.R. 2952, Improving Employment Outcomes of TANF Recipients Act

On July 7, 2015, Congressman Charles W. Boustany, Jr.,
introduced H.R. 2952, the ``Improving Employment Outcomes of
TANF Recipients Act,'' which amended TANF to require each state
to collect and report information necessary to measure the
state's level of performance for FY2018 and each ensuing fiscal
year for each employment percentage (percentage of recipients
who are working in the second quarter after leaving TANF),
retention percentage (percentage of recipients who are working
in the fourth quarter after leaving TANF), and earnings
advancement measure for adults in unsubsidized employment after
exiting the TANF program (the median earnings of those who are
working in the second quarter after leaving TANF). The bill was
referred to the Committee on Ways and Means. On May 24, 2016,
the Committee marked up the bill and ordered it favorably
reported as amended by vote of 23 to 12 (H. Rept. 114-648). The
bill was placed on the Union Calendar, Calendar No. 500, on
June 28, 2016.

c) H.R. 2966, Reducing Poverty through Employment Act

On July 8, 2015, Congressman Jason Smith with one original
cosponsor introduced H.R. 2966, the ``Reducing Poverty through
Employment Act,'' which amended TANF to add a new purpose to
reduce child poverty by increasing employment entry, retention,
and advancement of needy parents. The bill was referred to the
Committee on Ways and Means. On May 11, 2016, the Committee
marked up the bill and ordered it favorably reported as amended
by voice vote (H. Rept. 114-645). The bill was placed on the
Union Calendar, Calendar No. 497, on June 28, 2016.

d) H.R. 2990, Accelerating Individuals into the Workforce Act

On July 9, 2015, Congressman Robert J. Dold introduced H.R.
2990, the ``Accelerating Individuals into the Workforce Act,''
which amended TANF to direct the Department of Health and Human
Services to make grants to states to conduct demonstration
projects designed to implement and evaluate strategies that
provide wage subsidies to enable low-income individuals to
enter into and retain employment. The bill was referred to the
Committee on Ways and Means. On May 11, 2016, the Committee
marked up the bill and ordered it favorably reported as amended
by voice vote (H. Rept. 114-646). The bill was placed on the
Union Calendar, Calendar No. 498, on June 28, 2016.

e) H.R. 4472, Modernizing the Interstate Placement of Children in
Foster Care Act

On February 4, 2016, Congressman Todd C. Young with one
original cosponsor introduced H.R. 4472, the ``Modernizing the
Interstate Placement of Children in Foster Care Act,'' which
amended part E of title IV of the Social Security Act (Foster
Care and Adoption Assistance) to require, as part of the
procedures a state must have in effect for the orderly and
timely interstate placement of children, that states use an
electronic interstate case-processing system. The bill was
referred to the Committee on Ways and Means. On March 16, 2016,
the Committee marked up the bill and ordered it favorably
reported as amended by voice vote (H. Rept. 114-460). The bill
passed the House as amended by voice vote on March 22, 2016 on
a motion to suspend the rules and pass the bill. On April 4,
2016, H.R. 4472 was received in the Senate, read twice, and
referred to the Committee on Finance.

f) H.R. 4724, Reducing Duplicative and Ineffective Federal Funding Act

On March 10, 2016, Ways and Means Committee Chairman Kevin
Brady introduced H.R. 4724, the ``Reducing Duplicative and
Ineffective Federal Funding Act,'' which repealed the program
of block grants to states for social services under title XX
(Block Grants to States for Social Services) of the Social
Security Act, except for demonstration projects to address
health professions workforce needs and the program for early
detection of certain medical conditions related to
environmental health hazards. The bill was referred to the
Committee on Ways and Means. On March 16, 2016, the Committee
marked up the bill and ordered it favorably reported as amended
by a vote of 20 to 16 (H. Rept. 114-462). The bill was placed
on the Union Calendar, Calendar Number 353, on March 23, 2016.

g) H.R. 5169, What Works to Move Welfare Recipients into Jobs Act

On May 6, 2016, Ways and Means Human Resources Subcommittee
Chairman Vern Buchanan introduced H.R. 5169, the ``What Works
to Move Welfare Recipients into Jobs Act,'' amending TANF to
revise requirements for research by the Department of Health
and Human Services that focuses on the benefits, effects, and
costs of programs designed to move welfare recipients into
work. The bill also required the Bureau of the Census to
improve surveys measuring program participation to address
underreporting of the receipt of means-tested benefits,
increase the understanding of poverty spells and long-term
poverty, generate better geographical understanding of poverty,
increase understanding of the effects of means-tested benefits
and tax benefits on the earnings of low-income families, and
improve how poverty and economic well-being are measured. The
bill was referred to the Committee on Ways and Means and the
Committee on Oversight and Government Reform. On May 24, 2016,
the Committee marked up the bill and ordered it favorably
reported as amended by voice vote. The Committee on Oversight
and Government Reform discharged the bill on June 10, 2016. The
report (H. Rept. 114-615, Part I) was filed on June 10, 2016,
and placed on the Union Calendar, Calendar No. 478.

h) H.R. 5170, Social Impact Partnerships to Pay for Results Act

On May 6, 2016, Congressman Todd C. Young along with one
original cosponsor introduced H.R. 5170, the ``Social Impact
Partnerships to Pay for Results Act'' authorizing the Secretary
of the Treasury to enter into agreements with state or local
governments to conduct projects where the federal government
would make a payment to the state or local government if the
project produces one or more measureable outcomes that result
in social benefits and federal savings (pay for performance),
as determined by an independent evaluator. To carry out these
provisions, the bill would direct the Secretary of the Treasury
to reserve $100 million of amounts made available for the
Contingency Fund for State Welfare Programs for FY2017. The
bill was referred to the Committee on Ways and Means. On May
11, 2016, the Committee marked up the bill and ordered it
favorably reported as amended by voice vote, and the report (H.
Rept. 114-616) was filed on June 10, 2016. The bill passed the
House on June 21, 2016 on a motion to suspend the rules and
pass the bill, as amended, which was agreed to by voice vote.
On June 22, 2016, H.R. 5170 was received in the Senate, read
twice, and referred to the Committee on Finance.

i) H.R. 5456, Family First Prevention Services Act of 2016

On June 13, 2016, Ways and Means Human Resources
Subcommittee Chairman Vern Buchanan, along with 12 original
cosponsors introduced H.R. 5456, the ``Family First Prevention
Services Act of 2016,'' amending Part E (Foster Care and
Adoption Assistance) of title IV of the Social Security Act to
allow states to claim partial reimbursement for evidence based
foster care prevention and family services or programs for
children who are candidates for foster care or who are pregnant
or parenting foster youth, as well as the children's parents or
kin caregivers. The bill would also prohibit federal payments
to a state for amounts expended for foster care maintenance
payments on behalf of a child placed in a non-family setting
unless an impartial assessment determines that the setting is
inappropriate and the child is placed in a child-care
institution meeting certain criteria, or a child is placed in a
qualified residential treatment program meeting certain
requirements. Within Part B (Children and Family Services) of
title IV of the Social Security Act, the bill reauthorizes the
Stephanie Tubbs Jones Child Welfare Services program, the
Promoting Safe and Stable Families Program, funding for monthly
caseworker visits and regional partnership grants, and funding
for state courts to assess and improve handling of proceedings
relating to foster care and adoption through FY2021. The bill
was referred to the Committee on Ways and Means. On June 15,
2016, the Committee marked up the bill and ordered it favorably
reported as amended by voice vote, and the report (H. Rept.
114-628) was filed on June 21, 2016. The bill passed the House
on June 21, 2016 on a motion to suspend the rules and pass the
bill, as amended, which was agreed to by voice vote. On June
23, 2016, H.R. 5456 was received in the Senate, read twice, and
placed on the Senate Legislative Calendar under General Orders,
Calendar No. 527

2. HUMAN RESOURCES ISSUES DURING THE 114TH CONGRESS

Unemployment Insurance Issues

On June 3, 2015, the Subcommittee on Human Resources
received testimony on identifying waste, fraud and abuse within
the Supplemental Security Income and Unemployment Insurance
programs as well as discussed legislative proposals to reduce
improper payments and improve program integrity. The
Subcommittee heard from the following members of Congress: (i)
The Honorable Sam Johnson, Third District of Texas; (ii) The
Honorable Kevin Brady, Eighth District of Texas; (iii) The
Honorable David G. Reichert, Eighth District of Washington;
(iv) The Honorable Xavier Becerra, Thirty-Fourth District of
California; (v) The Honorable Tom Reed, Twenty-Third District
of New York; (vi) The Honorable Jim Renacci, Sixteenth District
of Ohio; and (vii) The Honorable Rosa DeLauro, Third District
of Connecticut. The Subcommittee also heard from the following:
(viii) The Honorable Patrick P. O'Carroll, Jr., Inspector
General, Social Security Administration; (ix) Dan Bertoni,
Director, Education, Workforce, and Income Security Issues,
Government Accountability Office; (x) Curt Eysink, Executive
Director, Louisiana Workforce Commission; (xi) Debra Rohlman,
Vice President of Government Sales, Equifax Workforce
Solutions; and (xii) Rebecca Vallas, Director of Policy for
Poverty to Prosperity Program, Center for American Progress.
On September 7, 2016, the Subcommittee on Human Resources
received testimony on program integrity, trust fund solvency,
and reemployment strategies within the Unemployment Insurance
system from: (i) Cissy Proctor, Executive Director, Florida
Department of Economic Opportunity; (ii) Walter Carpenter,
President, Pinel & Carpenter, Inc.; (iii) Judith M. Conti,
Federal Advocacy Coordinator, National Employment Law Center;
and (iv) Michelle Beebe, Director, Unemployment Insurance, Utah
Department of Workforce Services.

Welfare Reform Issues

On February 11, 2015, the Subcommittee on Human Resources
received testimony on current labor market trends and their
impact on low-income families and individuals, trends in
poverty in recent years, how changing family and household
dynamics impact economic wellbeing, and how federal policy may
influence these issues from: (i) Ron Haskins, Senior Fellow,
Economic Studies, The Brookings Institution; (ii) Scott
Winship, Walter B. Wriston Fellow, Manhattan Institute; (iii)
W. Bradford Wilcox, Visiting Scholar, American Enterprise
Institute; and (iv) Frances Deviney, Associate Director, Center
for Public Policy Priorities.
On March 17, 2015, the Subcommittee on Human Resources
received testimony on the effectiveness of federal social
programs, efforts to rigorously evaluate government programs to
determine their impact, and proposals to increase the use of
evidence across government so federal spending is directed
toward programs that work from: (i) John Bridgeland, CEO, Civic
Enterprises; (ii) David Mulhausen, Research Fellow in Empirical
Policy Analysis, Heritage Foundation; (iii) Grover J.
Whitehurst, Director, Brown Center on Education Policy, The
Brookings Institution; and (iv) Joan Entmacher, Vice President
for Family Economic Security, National Women's Law Center.
On April 30, 2015, the Subcommittee on Human Resources
received testimony on how states assist welfare recipients,
ways to increase state efforts to engage more adult welfare
recipients in work and activities leading to work, and how
these efforts can help these individuals and their families
become self-sufficient, escape poverty, and move up the
economic ladder from: (i) Peter Cove, Founder, America Works;
(ii) Sherrie Smoot, former America Works client; (iii) Eloise
Anderson, Secretary, Wisconsin Department of Children and
Families and Co-Chair, Secretaries' Innovation Group; (iv)
Heather Reynolds, President and CEO, Catholic Charities Fort
Worth; (v) Tracy Wareing, Executive Director, American Public
Human Services Association; and (vi) LaDonna Pavetti, Vice
President for Family Income Support Policy, Center on Budget
and Policy Priorities.
On June 25, 2015, the Subcommittee on Human Resources, in a
joint hearing with the Subcommittee on Nutrition of the House
Committee on Agriculture, received testimony on the interaction
between welfare and related benefit programs and how concurrent
receipt of benefits from those programs can create perverse
incentives that discourage work and higher earnings from: (i)
Casey Mulligan, Ph.D., Professor, Department of Economics,
University of Chicago; (ii) Marsha Netus, Director of
Operations, America Works; (iii) Chanel McCorkle, America Works
client; (iv) Erik Randolph, Senior Fellow, Illinois Policy
Institute; (v) Olivia Golden, Executive Director, Center for
Law and Social Policy; and (vi) Eugene Steuerle, Ph.D., Senior
Fellow, Urban Institute.
On July 15, 2015, the Subcommittee on Human Resources
received testimony on welfare reform proposals, specifically
involving the reauthorization of the Temporary Assistance for
Needy Families program from: (i) Kristen Cox, Executive
Director, Utah Governor's Office of Management and Budget; (ii)
Lt. Colonel David Kelly, Program Secretary, Salvation Army;
(iii) Boyd Brown, Area Director, Employment and Training,
Goodwill Easter Seals Minnesota; (iv) LaDonna Pavetti, Vice
President for Family Income Support Policy, Center on Budget
and Policy Priorities; and (v) Grant Collins, Senior Vice
President, Workforce Development and Executive Director, WeCARE
Region II, FedCap.
On November 3, 2015, the Subcommittee on Human Resources
received testimony on the dozens of programs that comprise the
federal welfare system, as well as ways they can be
consolidated or better coordinated so they better serve those
most in need from: (i) The Honorable Geoff Davis, Member of
Congress (retired), Republic Consulting, LLC.; (ii) Maura
Corrigan, Visiting Fellow, American Enterprise Institute; (iii)
Nick Lyon, Director, Michigan Department of Health and Human
Services; (iv) Robert Greenstein, President, Center on Budget
and Policy Priorities; and (v) Scott Sanders, Executive
Director, National Association of State Workforce Agencies.
On November 17, 2015, the Subcommittee on Human Resources
received testimony on how other countries have reformed their
social welfare programs to better support and encourage work
and how these changes might inform efforts to modernize the
safety net in the United States from: (i) Douglas Besharov,
Professor, School of Public Policy, University of Maryland;
(ii) Melissa Boteach, Vice President, Poverty to Prosperity
Program, Center for American Progress; and (iii) Richard
Burkhauser, Sarah Gibson Blanding Professor of Policy Analysis,
Cornell University College of Human Ecology.
On March 1, 2016, the Subcommittee on Human Resources
received testimony on the role that employers and programs,
such as Temporary Assistance for Needy Families, play in
helping low-income individuals compete and succeed in the
workforce from: (i) Mark Wilson, President and CEO, Florida
Chamber of Commerce; (ii) Kenyatta Brame, Executive Vice
President, Cascade Engineering; (iii) Christopher King, Senior
Research Scientist and Lecturer, Ray Marshall Center for the
Study of Human Resources, University of Texas at Austin; (iv)
Barbara Doucet, Corporate Director of Human Resources, Omni
Hotels & Resorts; and (v) Laurie Bouillon Larrea, President,
Workforce Solutions Greater Dallas.
On May 24, 2016, the Ways and Means Committee received
testimony on how the welfare system can better help more low-
income American families move out of poverty and up the
economic ladder from: (i) The Honorable John Engler, former
governor of Michigan, President, Business Roundtable; (ii)
Karin VanZant, Executive Director, Life Services, CareSource;
(iii) Olivia Golden, Executive Director, Center for Law and
Social Policy; and (iv) Tarren Bragdon, President and Chief
Executive Officer, Foundation for Government Accountability.

Child Welfare Issues

On May 18, 2016, the Subcommittee on Human Resources
received testimony on state efforts to better use data to
identify and serve children most at risk of abuse and neglect
due to parental substance abuse and the impact of the substance
abuse epidemic on the child welfare system from: (i) The
Honorable Tom Marino, Tenth District of Pennsylvania, United
States House of Representatives; (ii) The Honorable Karen Bass,
Thirty-Seventh District of California, United States House of
Representatives; (iii) Tina Willauer, Director, Sobriety
Treatment and Recovery Team, Department for Community Based
Services, Kentucky; (iv) Hector Glynn, Vice President of
Programs, The Village for Families and Children; (v) Katherine
Barillas, Director, Child Welfare Policy, One Voice Texas; and
(vi) Bryan Lindert, Senior Director of Quality Management,
Eckerd Youth Alternatives, Inc.

E. Legislative Review of Social Security Issues

a) H.R. 1936, Improving the Integrity of Disability Evidence Act

On April, 22, 2015, Subcommittee Chairman Sam Johnson,
along with 5 cosponsors, introduced H.R. 1936, the ``Improving
the Integrity of Disability Evidence Act.'' H.R. 1936 ensures
that the Social Security Administration (SSA) uses only medical
evidence from reputable sources when making a disability
determination by prohibiting the agency from considering
medical opinions from doctors who are barred from participating
in Medicare, or who were assessed a civil monetary penalty for
submitting false evidence. An identical provision was included
in H.R. 1314, the Bipartisan Budget Act of 2015, as Section
812. H.R. 1314 was signed into law on November 2, 2015 and
became Public Law No. 114-74.

b) H.R. 2359, Disability Fraud Reduction and Unethical Deception
(FRAUD) Prevention Act

On May 5, 2015, Subcommittee Chairman Sam Johnson
introduced H.R. 2359, the ``Disability Fraud Reduction and
Unethical Deception (FRAUD) Prevention Act.'' H.R. 2359 updates
and expands the SSA's tools to deter and punish fraudsters who
cheat the system. This legislation increases civil monetary
penalties and felony charges to criminals who defraud Social
Security, requires convicted fraudsters pay restitution, and
requires regular reviews of major claimant representatives to
ensure compliance with the law. Several provisions in this bill
were included in H.R. 1314, the Bipartisan Budget Act of 2015,
as Section 813. H.R. 1314 was signed into law on November 2,
2015 and became Public Law No. 114-74.

c) H.R. 5320, Social Security Must Avert Identity Loss (MAIL) Act of
2016

On May 25, 2016, Subcommittee Chairman Sam Johnson and
Congressman Jim Renacci introduced H.R. 5320, the ``Social
Security Must Avert Identity Loss (MAIL) Act of 2016.'' H.R.
5320 prohibits the SSA from including Social Security numbers
(SSNs) on its mailings unless the Commissioner deems their
inclusion necessary, and requires the Commissioner to justify
any continued use of SSNs on mailings in bi-annual reports to
Congress. According to an April 2016 report by the Office of
the Inspector General of the Social Security Administration,
there were 233 million notices sent out in 2015 that contained
a beneficiary's full SSN. The report also found that the SSA's
address records are not always accurate, noting that at least
51 percent of the addresses used in a recent mailing were
incorrect. The Committee considered H.R. 5320 on July 13, 2016
and ordered the bill favorably reported by voice vote. The
Committee filed its report on July 25, 2016. On September 22,
2016, the House passed H.R. 5320 by recorded vote: 414-0. On
September 26, 2016, H.R. 5320 was received in the Senate and
referred to the Committee on Finance.

F. Legislative Review of Oversight Issues

Throughout the 114th Congress, Members introduced nineteen
Ways and Means Oversight bills. Of those, sixteen have been
passed by the House; three are pending Committee action. In
order of introduction, those bills include:

a) H.R. 709, Prevent Targeting at the IRS Act (Mr. Renacci)

The bill was introduced on February 4, 2015. It would make
political targeting a fireable offense at the IRS. The
Committee ordered the bill favorably reported to the House, and
the House passed the bill on April 15, 2015 on suspension by a
voice vote.

b) H.R. 1026, Taxpayer Knowledge of IRS Investigations Act (Mr. Kelly)

The bill was introduced on February 24, 2015. It would
amend the Internal Revenue Code (IRC) to stop the IRS's misuse
of a provision designed to protect taxpayers to instead protect
government employees who improperly look at or reveal taxpayer
information. The Committee ordered the bill favorably reported
to the House, and the House passed the bill on April 15, 2015
on suspension by a voice vote.

c) H.R. 1058, Taxpayer Bill of Rights Act (Chairman Roskam)

The bill was introduced on February 25, 2015. It would
incorporate a taxpayer's bill of rights into the core
responsibilities of the IRS Commissioner, such as rights to
quality service, to pay no more than the correct amount owed to
tax, to privacy, and to challenge the IRS's position and be
heard. The Committee ordered the bill favorably reported to the
House, and the House passed the bill on April 15, 2015 on
suspension by a voice vote.

d) H.R. 1104, Fair Treatment for all Gifts Act (Chairman Roskam)

The bill was introduced on February 26, 2015. It would
codify the longstanding practice of exempting contributions to
tax-exempt organizations from the gift tax. The Committee
ordered the bill favorably reported to the House, and the House
passed the bill on April 15, 2015 on suspension by a voice
vote.

e) H.R. 1152, IRS Email Transparency Act (Mr. Marchant)

The bill was introduced on February 27, 2015. It would
prohibit IRS employees from using personal email for official
government business. The Committee ordered the bill favorably
reported to the House, and the House passed the bill on April
15, 2015 on suspension by a voice vote.

f) H.R. 1314, Ensuring Tax Exempt Organizations the Right to Appeal Act
(Mr. Meehan)

The bill was introduced on March 4, 2015. It would amend
the Internal Revenue Code to protect tax-exempt organizations'
right to appeal adverse IRS determinations. The Committee
ordered the bill favorably reported to the House, and the House
passed the bill on April 15, 2015 on suspension by a voice
vote. This bill ultimately was used as the vehicle to pass the
Bipartisan Budget Act of 2015.

g) H.R. 1206, No Hires for the Delinquent IRS Act (Mr. Rouzer)

The bill was introduced on March 2, 2015 and marked up on
April 13, 2016. It would prohibit the IRS from hiring any
employees until the IRS certified to Congress that the IRS does
not employ any individual who has a seriously delinquent tax
debt or a report explaining why that certification cannot be
made and detailing remedial actions. The bill was ordered
favorably reported to the House of Representatives, and the
committee report was filed on April 18, 2016. The bill went to
the floor on April 20, 2016 and passed by a vote of 254-170.

h) H.R. 1295, IRS Bureaucracy Reduction and Judicial Review Act (Mr.
Holding)

The bill was introduced on March 4, 2015. It would provide
a streamlined process for recognition of organizations that
apply for tax-exempt status under IRC Section 501(c)(4). The
Committee ordered the bill favorably reported to the House, and
the House passed the bill on April 15, 2015 on suspension by a
voice vote. Ultimately, however, this bill was used as the
vehicle to pass the Trade Preferences Extension Act of 2015.

i) H.R. 3209, Recovering Missing Children Act (Mr. Paulsen)

The bill was introduced on July 23, 2015 and marked up on
April 28, 2016. It was ordered favorably reported to the House
of Representatives by a voice vote, and the committee report
was filed on May 10, 2015. The bill went to the floor on May
10, 2016 and passed by a voice vote. The bill was passed by the
Senate on June 16, 2016, and signed into law by the President
on June 30, 2016. The law amends the Internal Revenue Code to
permit the disclosure of tax return information or the purpose
of assisting investigations of missing or exploited children.

j) H.R. 3724, Ensuring Integrity in the IRS Workforce Act of 2016 (Ms.
Noem)

The bill was introduced on October 8, 2015 and marked up on
April 13, 2016. It would amend the Internal Revenue Code to
prohibit the IRS Commissioenr from rehiring any IRS employee
who was involuntarily separated from service for misconduct.
The bill was ordered favorably reported to the House of
Representatives, and the committee report was filed on April
18, 2016. The bill went to the floor on April 21, 2016 and
passed by a vote of 345-78.

k) H.R. 3832, Stolen Identity Refund Fraud Prevention Act (Mr. Renacci)

The bill was introduced on October 26, 2015 and marked up
on April 28, 2016. It would amend the Internal Revenue Code to
provide additional protections for individuals whose taxpayer
information has been compromised or identity has been stolen.
Three amendments were adopted by voice votes, one by Mr. Lewis
and two by Mr. Pascrell. The bill was ordered favorably
reported to the House of Representatives by a voice vote, and
the committee report was filed on May 13, 2016. The bill went
to the floor on June 16, 2016 and passed by a voice vote.

l) H.R. 4885, IRS Oversight While Eliminating Spending (OWES) Act of
2016 (Mr. Jason Smith)

The bill was introduced on March 23, 2016 and marked up on
April 13, 2016. It would require that IRS user fees be
deposited into the general fund of the Treasury instead of used
according to the IRS's discretion. It was ordered favorably
reported to the House of Representatives, and the committee
report was filed on April 18, 2016. The bill went to the floor
on April 20, 2016 and passed by a vote of 245-179.

m) H.R. 4890, IRS Bonuses Tied to Measurable Metrics (Mr. Meehan)

The bill was introduced on April 11, 2016 and marked up on
April 13, 2016. It would prohibit the IRS from paying bonuses
to employees until the Treasury Secretary develops and
implements a comprehensive customer service strategy. The bill
was ordered favorably reported to the House of Representatives,
and the committee report was filed on April 18, 2016. The bill
went to the floor on April 21, 2016 and passed by a vote of
260-158.

n) H.J. Res. 88, Disapproving the rule submitted by the Department of
Labor relating to the definition of the term ``Fiduciary'' (Mr.
Roe)

In April 2015, the Obama Administration created a new
regulation governing fiduciaries and investment advice. The
regulation was made final in April 2016. Under the
Congressional Review Act, the House and Senate can vote on a
joint resolution to stop the regulation from going into effect,
although the President may veto the resolution. Rep. David Roe
introduced such a resolution on April 19, 2016. The House
approved the resolution on April 28. On May 24, the Senate also
approved the resolution by 56-41. The resolution went to the
President's desk on June 7 and the President vetoed it on June
8. On June 22, the resolution failed to pass the House by a
veto-proof margin (239-180).

o) H.R. 5053, Preventing IRS Abuse and Protecting Free Speech (Chairman
Roskam)

The bill was introduced on April 26, 2016 and marked up on
April 28, 2016. It would prohibit the Treasury Secretary from
requiring that the identities of contributors to 501(c)
organizations be included in their annual returns. It was
ordered favorably reported to the House of Representatives by a
vote of 23 to 15, and the committee report was filed on June 9,
2016. The bill went to the floor on June 14, 2016 and passed by
240-182.

p) H.R. 5296, CI Realignment Act (Mr. Holding)

The bill was introduced on May 19, 2016. It would move the
IRS Criminal Investigation unit out from the IRS's jurisdiction
and locate in a new bureau housed under the Treasury
Department. The bill would increase accountability for IRS CI
and separate the tax investigations function from the tax
collections function.

q) H.R. 5545, Preventing Investment in Terrorist Regimes Act (Mr.
Boustany)

The bill was introduced on May 19, 2016. The bill would
remove the President's waiver authority over tax provisions
under 901(j), double the tax rate on income derived from 901(j)
countries, clarify that income derived from a 901(j) country
includes income from selling goods to, or servicing property
located in, a 901(j) country, disallow foreign tax credits or
deductions for taxes paid to any country on income derived from
a 901(j) country, deny a deduction for the disallowed foreign
tax credits, and eliminate the tax exclusion of income for
individuals residing in a 901(j) country.

r) H.R. 5523, RESPECT Act (Chairman Roskam)

The bill was introduced on June 16, 2016. It would prohibit
the IRS from carrying out seizures of structured funds unless
the funds derive from an illegal source or the funds were
structured for the purpose of concealing the violation of
another criminal law or regulation, as well as provide a post-
seizure hearing and exempt from income tax any interest awarded
by a court if the court determined that the IRS had wrongly
seized funds based on allegations of structuring. The Committee
reported the bill as amended on September 9, 2016, and the
House passed the bill as amended on September 22, 2016, by a
vote of 415-0.

s) H.R. 5550, No Dollars for Ayatollahs Act (Chairman Roskam)

The bill was introduced on June 21, 2016. It would impose
an excise tax for people engaging in dollar clearing with Iran.
The bill would also complement Chairman Roskam's H.R. 4995, the
``Preventing Iran's Access to United States Dollars Act of
2016,'' which would prohibit President Obama from providing
Iran direct or indirect access to the U.S. dollar by imposing
an excise tax on those engaged in such dollar-clearing
transactions for 901(j) countries.

G. Legislative Review of Multi-Jurisdictional Issues

1. BILLS ENACTED INTO LAW DURING THE 114TH CONGRESS

a) H.R. 1314, Ensuring Tax Exempt Organizations the Right to Appeal Act
(later renamed the Bipartisan Budget Act of 2015)

On March, 4, 2015, Congressman Patrick Meehan (R-PA)
introduced H.R. 1314, a bill to provide for a right to an
administrative appeal relating to adverse determinations of
tax-exempt status of certain organizations. On April 15, 2015,
the House passed the bill, as amended, by voice vote. On May
22, 2015, the Senate passed the bill with a further amendment
by a vote of 62-37. On October 28, 2015, the House agreed to
the Senate amendment with amendment by a vote of 266-167. On
October 30, 2015, the Senate agreed to the House amendment to
the Senate amendment by a vote of 64-35. On November 2, 2015,
the amended version of H.R. 1314 was enacted into law.
As originally passed by the House, H.R. 1314 (then entitled
the ``Ensuring Tax Exempt Organizations the Right to Appeal
Act'') would have provided for a right to an administrative
appeal relating to adverse determinations of tax-exempt status
of certain organizations. As amended by the House and Senate,
and ultimately enacted into law, H.R. 1314, which was renamed
the ``Bipartisan Budget Act of 2015,'' provides for increased
discretionary spending limits for FY2016 and FY2017 and for
other provisions. Several provisions fall within the
jurisdiction of the Ways and Means Committee.

Title VIII--Social Security

Subtitle A--Ensuring Correct Payments and Reducing Fraud
This section (1) expands Cooperative Disability
Investigations units to all fifty states, the District of
Columbia, and US territories by 2022; (2) prohibits evidence
submitted by unlicensed or sanctioned physicians and healthcare
providers from being considered in making disability
determinations; (3) creates new and stronger penalties for
committing Social Security fraud; and (4) expands the
permissible uses and increases the level of cap adjustment
spending for program integrity as allowed under the Budget
Control Act, Public Law No. 112-25.
Subtitle B--Promoting Opportunity for Disability
Beneficiaries
This section (1) provides for temporary reauthorization of
Disability Insurance (DI) demonstration project authority; (2)
requires the Social Security Administration (SSA) to test work
incentives in the DI program through the Promoting Opportunity
Demonstration project; (3) authorizes the use of electronic
payroll data to improve program administration; (4) establishes
a presumption that the month in which services are performed is
the same as the month in which income is earned in determining
whether an individual's earnings exceed Substantial Gainful
Activity; and (5) requires the SSA to provide DI beneficiaries
an electronic avenue to report their earnings.
Subtitle C--Protecting Social Security Benefits
This section (1) closes loopholes in Social Security
benefit claiming rules; (2) requires the SSA to make every
reasonable effort to ensure that a qualified physician,
psychiatrist or psychologist has completed the medical review
in all initial disability determinations; (3) temporarily
reallocates the percentage of payroll taxes directed to the DI
Trust Fund in 2016, 2017 and 2018; and (4) permits the SSA to
require an individual to authorize the SSA to verify financial
information through their financial institutions for the
purpose of granting overpayment waivers and adjustments to
recovery.
Subtitle D--Relieving Administrative Burdens and
Miscellaneous Provisions
This section (1) requires the SSA and the Office of
Personnel Management (OPM) to enter into a data sharing
agreement to improve program coordination between the DI
program and disability annuity entitlement under the Federal
Employees Retirement System and requires the OPM to reimburse
the SSA for its costs in undertaking this workload; (2)
requires the SSA to report on fraud prevention activities and
improper payments, work-related continuing disability reviews,
and overpayment waivers; and (3) requires OPM to conduct an
examination of Administrative Law Judges upon request of the
SSA.

b) H.R. 2029, the Consolidated Appropriations Act, 2016

On April 24, 2015, Representative Charles Dent introduced
H.R. 2029, a bill to make appropriations for military
construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2016. On
April 30, 2015, the House passed the bill by a vote of 255-163.
On November 10, 2015, the Senate passed the bill with an
amendment by a vote of 93-0. On December 17, 2015, the House
approved a motion to concur in the Senate amendment with an
amendment (relating to FY2016 appropriations, the extensions of
expiring tax provisions, and rule affecting policy including
oil exports, intelligence, cybersecurity, health care,
financial services, visa waivers, and conservation) by a vote
of 316-113. On December 18, 2015, the Senate agreed to the
House amendments to the Senate amendment by a vote of 65-33. On
December 18, 2015, the amended version of H.R. 2029 was enacted
into law.
As enacted, H.R. 2029 contained two divisions with tax
provisions: Division P and Division Q. Division P provided for
(1) a delay of the excise tax on the excess benefit from high
cost employer-sponsored health care plans until 2020 and a
corresponding tax deduction for employers for such excise tax;
(2) a delay on the annual fee imposed by the Patient Protection
and Affordable Care Act on health insurance providers until
2018; (3) an extension through 2019 of the tax credits for wind
production and investment in renewable energy facilities; and
(4) an extension through 2021 for investment in solar energy
property, solar electric property, solar water heating
property, and the transportation costs of crude oil.
Division Q, otherwise referred to as the Protecting
Americans from Tax Hikes (PATH) Act of 2015 provides for a
number of tax credit extensions, tax administration provisions,
program integrity provisions, and other miscellaneous tax
provisions. Title I of Division Q included the tax extender
provisions of this division, including 20 different temporary
tax incentives were made permanent, falling into the following
categories: (1) tax relief for families and individuals; (2)
incentives for charitable giving; (3) incentives for growth,
jobs, investment, and innovation; and (4) incentives for real
estate investment. The remaining temporary tax provisions
extended under this title were extended either for five years,
through December 31, 2019, or for two years, through December
31, 2016.
Title II of this Division included over a dozen new program
integrity provisions affecting certain refundable tax credits,
aimed at reducing fraud, abuse, and improper payments from
those refundable credit programs. Title III of Division Q
contained a number of miscellaneous tax provisions, including
family tax relief incentives such as reform of 529 plans, the
tax treatment of distributions and rollovers from retirement
plans, and changes to the tax treatment of real estate
investment trusts. Title IV of Division Q provided for reforms
of the Internal Revenue Service and the United States Tax Court
such as the inclusion of a taxpayer bill of rights.

c) Trade Preference Extension Act of 2015 (P.L. 114-27)

On March 4, 2015, Representative George Holding introduced
H.R. 1295, a bill to extend the African Growth and Opportunity
Act, the Generalized System of Preferences, the preferential
duty treatment program for Haiti, and for other purposes. This
legislation included a health care provision that would expand
the population with access to dialysis care to those suffering
from acute kidney injury. It also included an extension and
modification of the Health Coverage Tax Credit, which provides
financial support for the purchase of health insurance for
eligible taxpayers, including eligible Trade Adjustment
Assistance recipients. On April 15, 2015, the bill was passed
by the House, as amended, under suspension of the rules. On
June 29, 2015, the President signed the bill into law.

d) Reconciliation Act

On September 29, 2015, the Ways and Means Committee marked
up legislation in response to the reconciliation directive
included in section 2002 of S. Con. Res. 11. Representative Tom
Price, as Chairman of the House Committee on the Budget,
reported an original measure, H. Rept. 114-293, compiling the
submissions of the Committee, plus the Committees on Energy and
Commerce and Education and the Workforce. The Rules Committee
provided for the report to be considered as H.R. 3762. The bill
passed the House on October 23, 2015. It passed the Senate with
an amendment on December 3, 2015. The House agreed to the
Senate amendment on January 1, 2016. The bill was presented to
the President on January 7, 2016 and vetoed by the President
the next day. On February 2, 2016, the House failed to overcome
the President's veto.
This bill repeals provisions of the Affordable Care Act,
including many tax hikes and spending increases.

II. OVERSIGHT ACTIVITY REVIEW

A. Oversight Agenda

Committee on Ways and Means,
U.S. House of Representatives,
Washington, DC, January 21, 2015.
Hon. Jason Chaffetz,
Chairman, Committee on Oversight & Government Reform,
2157 Rayburn House Office Bldg., Washington, DC.
Hon. Candice S. Miller,
Chairman, Committee on House Administration,
1309 Longworth House Office Bldg., Washington, DC.
Dear Chairman Chaffetz 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
114th 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 short- 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 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 114th Congress. Specifically,
discuss and consider legislative and administrative proposals
contained in the President's fiscal year 2016 and 2017 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.
Highway Trust Fund (HTF). Oversight of the HTF and
its financial condition, as well as the revenue streams that
finance expenditures out of the HTF.
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 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. Continue
enforcement of major operating areas of the agency to ensure
the nation's tax laws are being administered in a fair and
impartial manner. Consider analyses and reports provided to the
Congress by the IRS National Taxpayer Advocate, Treasury
Inspector General for Tax Administration (TIGTA), and the GAO.
Oversight of IRS funding and staffing levels needed to provide
taxpayer assistance and enforce the tax law 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 2016 and 2017 budgets. Continue investigation related to
the TIGTA audit report ``Inappropriate Criteria Were Used to
Identify Tax-Exempt Applications for Review.''
IRS Audit Selection Procedures. Oversight of the
processes the IRS uses to select individuals and groups for
audit. Continue coordination with GAO regarding ongoing audit
work assessing IRS audit selection procedures and safeguards
across all IRS business units.
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 114th 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 2016 and 2017 budgets.
Health Provisions Contained in the ``Affordable
Care Act'' (ACA). Hearings and other activities regarding
various health 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 health provisions, including its
changes to the annual updates to Medicare Fee-For-Service's
payment rates, changes to Medicare Advantage's payment rates,
benefit changes to fee-for-service and Medicare Advantage, and
creation of the Independent Payment Advisory Board.
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 and reforming physician payment
systems; 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; 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; benefits; 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; provider
payments; and benefit design, and improving the program's long-
term sustainability
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, the uninsured, employers, the
economy, and state budgets; and adherence to the Administrative
Procedures Act.

Matters under the Committee's Human Resources Jurisdiction

Welfare Reform. Review proposals designed to
better assist low-income families in increasing their work and
earnings so they can escape poverty, including by developing
innovative efforts to improve cooperation between and the
performance of TANF, child care, social services and multiple
other benefit programs. As part of this process, ensure that
programs are rigorously evaluated and held accountable for
achieving measurable performance goals, including substantive
work and activity requirements for adult recipients, such as
the TANF program has applied since 1996 reforms. Also review
opportunities to prevent duplication, overlap, and
fragmentation, in order to improve the overall effectiveness of
efforts to serve low-income individuals. Examine associated
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.
Unemployment Compensation. Provide oversight of
the nation's unemployment compensation benefits and employment
security systems, 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, including through the implementation of the
Preventing Sex Trafficking and Strengthening Families Act of
2014.
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, the implementation of the ABLE Act of 2014, and
options to improve recipient outcomes and reduce administrative
complexities in order to target program resources to those most
in need. Review SSI interactions with the Social Security
Disability Insurance program, as reforms required to restore
the solvency of that program are considered.

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 and examine how best to improve work incentives in
the DI program. Additionally, examine the interactions between
the DI program and the Supplemental Security Income and
Medicare programs.
Stewardship of Social Security programs. Provide
oversight of the management performance, and long-range
strategic planning related to Social Security programs.
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
legislation to renew Trade Promotion Authority, strengthening
the role of Congress in trade negotiations by specifying
Congressional negotiating objectives and directions for the
Administration, establishing requirements for consultation with
Congress, mandating transparency, and providing a clear
framework for Congressional consideration and implementation of
trade agreements.
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.
Trans-Pacific Partnership (TPP) Negotiations.
Continued consultation with the Administration and U.S.
stakeholders concerning the negotiations and specifying Member
views on U.S. negotiating positions, with the goal of
concluding a comprehensive and high-ambition agreement.
Trans-Atlantic Trade and Investment Partnership
(TTIP) Negotiations. Continued consultation with the
Administration and U.S. stakeholders concerning the
negotiations and specifying Member views on U.S. negotiating
positions, with the goal of concluding a comprehensive and
high-ambition agreement.
Other Bilateral, Regional, and Plurilateral
Negotiations. Continued consultation with the Administration
and U.S. stakeholders concerning the Trade in Services
Agreement (TiSA) negotiations, bilateral investment treaty
negotiations, and other potential negotiations.
World Trade Organization (WTO). Oversight of
implementation of the Trade Facilitation Agreement (TFA),
expansion of the Information Technology Agreement (ITA), and
negotiations for the Environmental Goods Agreement (EGA).
Oversight of U.S. goals in the WTO, dispute settlement, and WTO
accessions.
Preference Programs. Oversight and renewal of
major U.S. trade preference programs, including the Generalized
System of Preferences (expired July 2013) and the African
Growth and Opportunity Act (expiring September 30, 2015).
Miscellaneous Tariff Bill (MTB). Consideration of
legislation concerning noncontroversial bills to eliminate or
reduce duties on products not made in the United States, in
accordance with bipartisan transparency guidelines and House
Rules.
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. Particular oversight of
continuing barriers imposed by China and India. 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.
Trade Sanctions. Oversight concerning import
sanctions with, among others, Iran, Russia, Cuba, North Korea,
Syria, and Burma.
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 114th Congress and the 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 114th Congress progresses over the coming two
years.
Sincerely,
Paul Ryan,
Chairman.

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

SUBCOMMITTEE ON OVERSIGHT

Overview

The Ways and Means Oversight Subcommittee has been
exceptionally active and effective during the 114th Congress.
The Subcommittee's work has shed light on waste, fraud, and
abuse, and caused substantive changes in the administration and
private sector via legislation and public pressure. Over the
last two years, the Subcommittee has held sixteen hearings. The
hearings have touched on numerous areas under the Committee's
jurisdiction, including IRS administration, tax law, the
Affordable Care Act, and Medicare. Chairman Brady and Oversight
Subcommittee Chairman Roskam, along with other Committee
members, have sent 95 discrete Oversight letters (this number
does not include multiple, identical letters to different
recipients on the same topic, such as the letters Chairman
Brady, Chairman Hatch, and Chairman Roskam sent to 56 tax-
exempt private colleges and universities).
In pursuit of the Committee's oversight efforts, Chairman
Brady has sent four subpoenas for documents and eleven
subpoenas for deposed testimony. Oversight Subcommittee staff
have taken nine transcribed interviews and one deposition.
Members have introduced nineteen Oversight-related bills, and
the Committee has marked up and the House has passed sixteen of
those bills (three bills have seen no movement so far). The
following sections detail how the Subcommittee's activity over
this Congress, quantified above, has resulted in substantive
change and advanced the Committee's work in many areas of its
jurisdiction.
Actions Taken

Full Committee Hearings

a) Rising Health Insurance Premiums Under the Affordable
Care Act (July 12, 2016)
The full Committee held an oversight hearing on the cost of
health insurance under the ACA. Witnesses included Joel White,
Director of the Council for Affordable Health Coverage; Chris
Condeluci, Principal at CC Law and Policy; Tom Harte, an
insurance broker from New Hampshire; and Peter Lee, the
Executive Director of Covered California. Members discussed the
steep proposed increases in premiums under the ACA, which were
up as much as 50 percent in states like Tennessee. In October
2016, the Administration revealed that in states covered by the
federal exchange, beneficiaries would see plans in a key
category increase by 25 percent on average in 2017.

Subcommittee Hearings

a) Protecting Small Businesses from IRS Abuse, Part I (Feb.
11, 2015)
The Subcommittee held a hearing to examine the IRS's use of
civil asset forfeiture laws to seize the bank accounts of small
businesses not engaged in criminal activity and how the IRS and
Department of Justice (DOJ) applied the banking structuring
laws to these business owners, which resulted in them
forfeiting funds via settlement without proof of any criminal
wrongdoing. Federal civil asset forfeiture law allows law
enforcement agencies, including IRS Criminal Investigation, to
seize money and property involved in illegal activity. The law
was designed to recover ill-gotten gains and stop criminal
enterprises. However, the IRS has used the authority to seize
bank accounts when it suspected those accounts to be involved
in violating a statute that prohibits structuring--i.e., making
cash deposits in amounts of less than $10,000 to avoid bank
reporting requirements. Prior to the hearing, the IRS changed
its policy to limit seizures based on allegations of
structuring to assets linked to other criminal activity, and at
the hearing, IRS Commissioner Koskinen apologized to people who
were treated inappropriately under the IRS's former polices.
The Subcommittee held a second hearing on this same topic on
May 25, 2016, and Chairman Roskam and Mr. Crowley introduced a
bipartisan legislative solution (H.R. 5523) that has passed the
House and been introduced in the Senate (S. 3353).
b) Use of Data to Identify Emerging Trends in Medicare
Fraud (March 24, 2015)
The Subcommittee held a hearing on the use of data
analytics to stop Medicare fraud. In 2014, the federal
government lost $124.7 billion to improper payments across 124
programs--almost half of which was attributable to Medicare. In
2014, Medicare Parts A and B, collectively known as the Fee-
for-Service program, had an estimated improper payment rate of
12.7 percent, representing approximately $45.7 billion in
improper payments. Because of Medicare's size and
susceptibility to waste, fraud, and abuse, the program has been
on the Government Accountability Office's (GAO) high risk
program list since the list's inception in 1990. The hearing
examined the need for the government to develop new ways to
identify fraud schemes. Witnesses discussed the Fraud
Prevention System (FPS), which the Centers for Medicare and
Medicaid Services (CMS) developed in accordance with the Small
Business Jobs Act of 2010. Although CMS spent $100 million to
develop the FPS, it was unclear whether FPS had been yielding
optimal returns. In 2014, CMS argued that the program yielded
$5 for every $1 invested, but according to the HHS Office of
Inspector General (OIG), the real return on investment is
closer to $1.34 to $1, explaining that only a fraction of the
$210 million in improper payments the FPS identified will be
returned to taxpayers.
c) The 2015 Tax Filing Season (April 22, 2015)
The Subcommittee held its annual hearing focusing on the
IRS's management of the 2015 tax filing season a week after the
conclusion of the filing season. Commissioner Koskinen was the
sole witness. The hearing focused on the significant decline in
taxpayer assistance in 2015 as compared to previous years
despite the fact that Congress level-funded taxpayer assistance
from 2014 to 2015. The Majority staff of the Committee released
a report highlighting the diversion of funding away from
taxpayer assistance toward other priorities, as well as
outlining several areas of wasteful spending that the IRS
continued despite its budget cuts. The GAO has reported to the
Subcommittee that the IRS has absorbed $1.2 billion in budget
cuts since fiscal year 2010.
d) The Use of Administrative Actions in ACA Implementation
(May 20, 2015)
The Subcommittee held a hearing on executive overreach in
the implementation of the Affordable Care Act. Congress
provided the Administration with discretion over how to
implement some portions of the ACA, and in these instances,
Congress is responsible for mitigating the adverse effects and
unintended consequences of the Administration's use of that
discretion. In other cases, however, Congress withheld
discretion and the Administration is bound to carry out the law
as written or seek a legislative change. Instead of doing so,
the Administration has implemented numerous unilateral changes
that are worthy of Congressional oversight. The hearing
examined executive overreach in the implementation of the
premium tax credits, the Federal exchange, the cost sharing
reduction program, the transitional policy, the employer
mandate delay, and the Medicare Advantage bonus program
demonstration. This hearing was one of many projects that the
Oversight Subcommittee focused on during the 114th Congress
that underscore the importance of the separation of powers and
Congress's role as a check on the executive branch.
e) Rising Health Insurance Premiums Under Obamacare (June
24, 2015)
The Subcommittee held a hearing to examine rising premium
estimates for plans sold on the ACA exchanges. Insurance
companies in many states announced double digit increases in
premium costs. Three state insurance commissioners (Julie
McPeak from Tennessee, Al Redmer, Jr. from Maryland, and Mike
Kreidler from Washington) testified about the ACA's impact on
their states and insurance costs. The Subcommittee also heard
from Seth Chandler, a law professor specializing in health care
and insurance. This was the first of two hearings on this issue
in the 114th Congress-the second was July 12, 2016.
f) IRS Audit Selection Process (July 23, 2015)
After the Committee learned that the IRS was targeting non-
profit organizations applying for tax-exempt status, it asked
the GAO to conduct reviews of the IRS's audit selection process
to see whether it was possible that targeting could happen in
that area as well. The GAO's first report focused on the IRS's
Tax Exempt and Government Organizations division (TE/GE). In
July 2015, the Subcommittee held a hearing highlighting the
findings of the report, with the GAO and Commissioner Koskinen
testifying. The GAO's review found that the IRS did not have
sufficient safeguards in place to ensure fairness, and there
were also problems in internal controls and selection
processes. The GAO concluded that the lack of safeguards meant
that it was possible that the IRS could select someone for
audit based on personal beliefs, including political,
educational, or religious beliefs.
g) Hearing on the Department of Labor's Proposed Fiduciary
Rule (Sept. 30, 2015)
The Subcommittee examined the Department of Labor's (DOL)
proposed rule relating to the definition of fiduciary in
September 2015. The hearing focused on the negative effects the
rule would have, particularly by making it more difficult for
low- and middle-income investors to access financial advice and
save for their retirement. Witnesses discussed how many people
with IRAs and other retirement accounts might have to switch to
different plans or pay significant fees under the rule. A small
business owner also testified that the rule would make it
impossible for her to afford to offer retirement plans for her
employees.
h) The Rising Costs of Higher Education and Tax Policy
(Oct. 7, 2015)
The Subcommittee held a hearing to examine whether the
favorable tax treatment given to colleges and universities is
fully justified given the rising costs of higher education and
student outcomes. The Subcommittee heard from a wide range of
witnesses, including tax law professors, an economics professor
who studies the drivers of tuition increases, an economist from
the Federal Reserve Bank of New York who wrote a study
validating the Bennett Hypothesis (i.e., the argument that
increases in federal student aid lead to tuition increases),
and representatives from college and university associations.
The hearing was the start of a broader look at college and
university endowments, as well as the tax-exempt sector
generally.
i) Hearing on Iran Terror Financing and the Tax Code (Nov.
4, 2015)
In the wake of the Joint Comprehensive Plan of Action
(JCPOA) agreement with Iran, the Ways and Means Committee asked
President Obama whether he planned to waive certain tax
provisions with respect to Iran. These provisions, outlined in
section 901(j) of the Internal Revenue Code, prohibit companies
from claiming foreign tax credits for business conducted with
countries with which the United States has severed diplomatic
relations or are state sponsors of terrorism. In November 2015,
the Subcommittee held a hearing exploring those tax provisions
with respect to Iran and Iran's past support for terrorism. One
witness, Ken Stethem, testified about the death of his brother,
Rob, in the hijacking of TWA Flight 847 in 1985, a terrorist
attack funded by Iran. Tax experts testified about problems in
the existing law and provisions that could strengthen the law
and make it more difficult for companies to do business with
Iran and other state sponsors of terrorism.
j) Tax-Exempt Colleges and Universities: Encouraging the
Free Exchange of Ideas (March 2, 2016)
After learning that Georgetown Law Center barred a student
from passing out flyers to advocate for then-presidential
candidate Bernie Sanders, arguing that such activity could
violate its tax-exempt status, the Subcommittee held a hearing
regarding free expression on tax-exempt college campuses. At
the hearing, law student Alexander Atkins testified about his
experience at Georgetown and the strides he was making in
persuading the school to allow students to advocate for
political candidates on campus. A student representative from
the Princeton Open Campus Coalition testified about the
Coalition's efforts to promote free expression at Princeton.
Princeton professor of constitutional law and jurisprudence
Robert George testified about the importance to our country of
free expression at universities and colleges, and the director
of litigation at the Foundation for Individual Rights in
Education testified about a concerning trend of colleges
suppressing free expression by arguing that expression could
endanger their tax-exempt status. The hearing created a record
of support firmly in favor of free expression on college
campuses and linked that support to the reason for giving
colleges and universities a substantial benefit through their
tax-exempt status.
k) The 2016 Tax Filing Season (April 19, 2016)
The Subcommittee held its annual hearing to review the
IRS's performance during the 2016 tax filing season. The
hearing focused on trends in the filing season, as well as
problems taxpayers face when filing their taxes and interacting
with the IRS. The hearing also addressed identity theft related
tax fraud and cybersecurity risks. Congressman Jim Renacci
testified about his experience as a victim of identity theft.
IRS Commissioner Koskinen, GAO Acting Director Jessica Lucas-
Judy, and Treasury Deputy Inspector General for Investigations
Tim Camus also testified. Members discussed ways to better
detect and prevent identity theft and how to address the
multiple cyber-attacks that have compromised taxpayer
information in recent years.
l) Protecting Small Businesses from IRS Abuse, Part II (May
25, 2016)
The Subcommittee continued its oversight of the IRS's use
of civil asset forfeiture laws against small businesses in a
second hearing. In August 2015, almost all members of the
Subcommittee sent a bipartisan request that the IRS review
closed cases in which it had seized assets based on allegations
of structuring and to consider returning funds in cases that
would not have been brought under the IRS's current policies.
At this hearing, three people from whom the IRS had seized
assets testified about their petitions requesting that the IRS
return their funds. IRS Commissioner Koskinen, IRS Chief of
Criminal Investigation Richard Weber, and Deputy Assistant
Attorney General Ken Blanco also testified and faced bipartisan
outrage from all members of the Subcommittee for their
treatment of these small businesses. After the hearing,
Commissioner Koskinen promised Subcommittee Chairman Roskam to
implement a review process, and within weeks, notified more
than 1,400 individuals that they could petition the IRS to
reconsider their cases. The Subcommittee's oversight of that
petition and review process is ongoing.
m) Defying the Constitution: The Administration's Unlawful
Funding of the Cost Sharing Reduction Program (July
7, 2016)
After an eighteen-month investigation into the
Administration's decision to fund the ACA's cost sharing
reduction (CSR) program from funds dedicated to tax credits,
without an appropriation for the CSR program, the Subcommittee
held a hearing to call the Administration to account for its
actions. IRS Commissioner Koskinen, HHS Acting Deputy Secretary
Mary Wakefield, Treasury Assistant Secretary for Tax Policy
Mark Mazur, and Office of Management and Budget Senior Advisor
for Budget Michael Deich testified. Their testimony highlighted
that the Administration did not have a legal justification for
using unappropriated funds to pay for the CSR program.
n) Back to School: A Review of Tax-Exempt College and
University Endowments (Sept. 13, 2016)
The Subcommittee held a ``back to school'' hearing to
continue examining how colleges and universities are benefiting
students and their communities in light of their tax-exempt
status. Witnesses included Dr. Neal McCluskey of the Cato
Institute, testifying about the drivers of tuition increases;
academics Mark Schneider and Dr. Sandy Baum testifying about
endowment tax policy; and Washington College President Sheila
Bair and Berea College Vice President for Finance Jeff Amburgey
discussing innovative ways their institutions reduce costs for
students.
o) Health Care Fraud Investigations (Sept. 28, 2016)
The Subcommittee held a hearing on Medicare and health care
fraud investigations. The Subcommittee heard from witnesses
including Barbara McQuade, U.S. Attorney for the Eastern
District of Michigan; Abhi Dixit, a field agent from the HHS
Office of the Inspector General; and Scott Ward, a Zone Program
Integrity Contractor who works for CMS. The hearing focused on
how law enforcement agencies identify and investigate potential
fraud cases. The hearing highlighted the case of Dr. Farid
Fata, an oncologist who purposely misdiagnosed his patients in
order to administer chemotherapy and other treatments in order
to bill Medicare and other private insurers for the treatments.
Dr. Fata's actions resulted in the deaths of several patients.
Witnesses also discussed the need for coordination between law
enforcement agencies and advancements in data analytics.

Investigations

Patient Protection and Affordable Care Act Investigations

a) Cost Sharing Reduction Payments
In January 2015, the Ways and Means Committee, jointly with
the Energy and Commerce Committee, began investigating the ACA
Cost Sharing Reduction (CSR) program, focusing on concerns that
the Administration is funding the program without an
appropriation by using a permanent, indefinite appropriation
for tax credits in violation of the Constitution.
After issuing three letters in 2015 requesting information
from HHS and Treasury, on January 20, 2016, Chairman Brady
issued deposition subpoenas to IRS Chief Financial Officer
Robin Canady, IRS Deputy Chief Financial Officer Greg Kane, and
IRS General Counsel William Wilkins. Chairman Brady also issued
a subpoena for documents to Treasury Secretary Jacob Lew. On
May 4, 2016, the Committee issued a document subpoena to HHS.
After Committee staff engaged in extensive discussions with
Treasury staff, Chairman Brady held the subpoenas in abeyance
as an accommodation contingent upon Treasury's agreement to
make certain employees available for transcribed interviews.
At the interviews, Treasury, HHS, and OMB counsel
repeatedly refused to allow witnesses to answer questions
central to the Committee's investigation. At the conclusion of
Mr. Fisher's transcribed interview, the Subcommittee served Mr.
Fisher with a deposition subpoena. Committee staff deposed Mr.
Fisher on May 11, 2016. On May 24, 2016, the Committee voted to
release the transcript of Mr. Fisher's deposition.
Majority Committee staff, along with the Energy and
Commerce Majority Committee staff, drafted and published a 156-
page staff report entitled ``Joint Congressional Investigative
Report into the Source of Funding for the ACA's Cost Sharing
Reduction Program.''
On July 7, 2016, the Ways and Means Oversight Subcommittee
held a hearing titled: Defying the Constitution: The
Administration's Unlawful Funding of the Cost Sharing Reduction
Program. The Committee released the staff report that morning
in conjunction with the hearing. At the hearing, witnesses
representing HHS, Treasury, OMB, and the IRS refused to answer
substantive questions about the Administration's decision to
fund the CSR program without an appropriation.
In August 2016, the Chairman Brady issued subpoenas to take
the deposed testimony of officials from HHS, Treasury, and OMB
regarding the agencies' obstruction of the Committee's document
subpoenas and the substance of the investigation. Via
negotiations with each agency, the Committee agreed to withdraw
the deposition subpoenas contingent upon the agencies allowing
staff to review subpoenaed documents in camera. Those reviews
are ongoing.
b) Basic Health Program
The Ways and Means Committee, along with the Energy and
Commerce Committee, has been seeking information from HHS on
the Affordable Care Act's Basic Health Program (BHP) since June
2015. Like the CSR payments, the Administration has funded the
BHP payments from the Premium Tax Credit account, even though
Congress has not given the Administration an appropriation to
make these payments. In September 2015, after a meeting with
HHS Assistant Secretary Ellen Murray, the Committees requested
specific documents mentioned in the meeting.
HHS produced some documents responsive to the request, but
redacted some of those documents and withheld several others.
Staff viewed the complete versions of the redacted documents in
camera on February 5, 2016, but several documents remain
outstanding.
On March 29, 2016, Chairman Brady, along with the Committee
on Energy and Commerce Chairman Upton issued subpoenas for the
specific requested documents that HHS had not produced to the
Committee. Aside from several hundred pages of publicly
available documents, HHS provided only a single page responsive
to the Committee's request. HHS provided some additional
documents on April 12, 2016, and September 8, 2016.
c) Special Enrollment Periods
The Committee remains concerned that there are weak
controls in CMS's special enrollment period (SEP) policies.
Special enrollment periods allow individuals who meet specific
criteria to apply for health insurance coverage outside the
annual open enrollment period. The process, however, is
confusing and vulnerable to abuse. In particular, the National
Association for Insurance Commissioners has highlighted the
lack of documentation requirements as a major factor that leads
to abuse. On February 4, 2016, Chairman Roskam sent a letter to
CMS asking for information on the use of SEPs and steps CMS is
taking to mitigate potential abuse. Staff from the Senate
Finance Committee, House Committee on Energy and Commerce, and
the Ways and Means Committee have asked the GAO to review the
effectiveness of SEP enrollment controls as part of a broader
ACA review. Since the Committee began examining SEP controls
and policies, CMS has announced several SEP policy changes.
Staff will continue to review the implementation of those
policies.
d) CO-OPs
The ACA created the Consumer Operated and Oriented Plans
(CO-OPs), which are non-profit insurance companies that offer
plans on the ACA exchanges. In 2013, CMS loaned the CO-OPs $2.4
billion to establish operations. To date, of the twenty-three
CO-OPs that began operating in 2014, seventeen have collapsed,
and only five remain operational, and it appears unlikely that
they will re-pay much of the $2.4 billion. On September 30,
2015, Chairman Brady, along with Chairman Roskam, and Rep.
Adrian Smith, sent a letter to CMS asking about their efforts
to monitor the CO-OPs' financial health as well as steps they
are taking to ensure taxpayer dollars are protected.
Additionally, the Health Subcommittee, with support from the
Oversight Subcommittee, held a hearing on the CO-OP program on
November 3, 2015, where CMS testified. On February 5, 2016,
Committee staff reviewed CMS documents related to CO-OP
oversight in camera.
e) Reinsurance
The ACA Reinsurance program is one of the law's three risk
mitigation programs, collectively referred to as the ``3Rs.''
The program was intended to provide buffer payments to insurers
whose enrollees made higher than expected claims during the
first three years of the law's implementation. Over three
years, the Reinsurance program was intended to collect $25
billion from insurance companies: $20 billion to fund the
Reinsurance program, and $5 billion to the Treasury as an
offset for other ACA spending. However, CMS has taken funds
that were supposed to be deposited in the Treasury and is using
it to pay off health insurers' reinsurance claims. Congress
expressly prohibited diversion of these funds to pay off
reinsurance claims, and even CMS's previous regulations would
not have allowed the funds to be diverted in this manner.
Committee staff requested a legal analysis by the
Congressional Research Service. CRS concluded that CMS's
interpretation ``would appear to be in conflict with a plain
reading of Sec. 1341(b)(4) [the relevant part of the
statute].'' Because the statute unambiguously states that
``each issuer's contribution'' contain an amount that reflects
``its proportionate share'' of the U.S. Treasury contribution,
and that these amounts should be deposited in the General Fund
of the U.S. Treasury, a contrary agency interpretation would
not be entitled to deference under Chevron.
On February 9, 2016, Chairman Brady, along with Chairman
Roskam and Chairman Tiberi, sent a letter to HHS Secretary
Burwell requesting documents regarding the illegal diversion of
funds intended to be deposited to the Treasury to ACA's
reinsurance program. The Department has briefed Committee staff
on the program, but has yet to produce documents requested in
the February 9 letter or provide a legal basis for withholding
those documents. Additionally, the Energy and Commerce
Committee asked Secretary Burwell about the legal authority to
divert these funds at a hearing on February 24, 2016.
Currently, CMS is in the process of collecting
contributions from plans in the 2015 and 2016 coverage years as
well as paying reinsurance claims over the same time period. On
March 23, Chairmen Brady and Upton sent a letter to CMS Acting
Administrator Andy Slavitt reiterating that this diversion of
funds is illegal and warning that CMS risks violating the Anti-
Deficiency Act should it spend the illegally diverted money.
On April 13, 2016, the Committee, along with Energy and
Commerce, Senate Finance, and other committees sent a request
to GAO for a legal opinion on the Administration's policy. GAO
issued its ruling on September 30, 2016, finding that ``HHS
lacks authority to ignore the statute's directive to deposit
amounts from collections under the transitional reinsurance
program in the Treasury and instead make deposits to the
Treasury only if its collections reach the amounts for
reinsurance payments specified in section 1341.'' Despite two
opinions by legal experts at CRS and GAO, the Administration
has indicated that they would continue to allocate money as
they determined appropriate. As a result, Chairman Brady, along
with Chairman Roskam and Chairman Tiberi in November sent
additional requests for information to several insurers about
the program.
f) ACA Exchanges and Plan Standardization
In March 2016, CMS finalized regulations that would create
a new certification for plans on the Exchange. To qualify for
this certification, qualified health plans (QHP) must conform
to a standardized cost-sharing structure proposed by CMS. While
CMS has stated that it would not require issuers to offer these
standardized plans, it intends to promote such plans on the
exchange and may mandate them in the future. Chairman Brady,
Chairman Upton, and 32 members of the Ways and Means and Energy
and Commerce committees sent a letter to CMS on April 29, 2016,
expressing concerns. CMS announced on September 6, 2016,
additional plans to offer standardized plans for HSA-compliant
HDHPs addressing one of the members' concerns. CMS responded to
the member's letter on September 16, 2016, after review, staff
concerns still remain and will continue to monitor the
implementation of these standardized options.

Health Care Investigations

a) Center for Medicare and Medicaid Innovation
The Affordable Care Act established the Center for Medicare
and Medicaid Innovation (CMMI), which tests payment and
delivery system models for Medicare and Medicaid. The statute
gave CMMI $1 billion in funding per year indefinitely, meaning
that the program is not subject to annual appropriations.
Previously, the Committee raised concerns about the CMMI's
transparency, particularly in its criteria for awarding
projects. GAO has also raised concerns about potential
duplication. Chairman Roskam sent a letter to CMS on November
12, 2015, asking for information on projects conducted by CMMI.
b) Stark Law: Self-Referral Disclosure Reporting Protocol
On December 7, 2015, the Committee sent a letter to CMS on
the Stark Self-Referral Disclosure Protocol (SRDP), a mechanism
that allowed providers to report technical violations and pay a
reduced penalty. Additionally, the Oversight Subcommittee held
a roundtable with the Senate Finance Committee to discuss
problems with the Stark Law. Members and staff heard from
numerous industry experts on problems they face in complying
with Stark requirements.
c) Medicare Fraud Prevention and the Use of Data
Every year, billions of taxpayer dollars are lost to
Medicare fraud. In 2015, nearly $60 billion was lost to fraud
and other improper payments. Last year, the Subcommittee held a
hearing on the use of data analytics in addressing fraud. This
year, on September 28, the Subcommittee held a hearing that
discussed fraud from the perspective of investigators in the
field, particularly their experiences combatting fraud, the
motivation behind those who commit health care fraud, different
types of criminals, and cases involving patient harm. The
Committee has spent time assessing the effectiveness of the
Fraud Prevention System (FPS) at CMS. On October 6, 2015,
members from the Subcommittee visited the Centers for Program
Integrity in Baltimore that housed the FPS and received a
demonstration of the system. The Committee has sent several
letters to CMS on the FPS, most recently on September 12, 2016,
when the Chairman Brady, Chairman Tiberi and Chairman Roskam,
along with Chairmen from the Energy and Commerce Committee and
Senate Finance Committee, sent a request for data on the impact
of FPS.

IRS Investigations

a) IRS Civil Asset Forfeiture
For a number of years prior to October 25, 2014, the IRS
used its civil asset forfeiture authority to seize assets of
individuals and small business owners it believed were
``structuring'' bank transactions--that is, keeping their
transactions below $10,000 to avoid IRS reporting requirements.
The law that criminalizes structuring is designed to help the
government capture money launderers, drug runners, and the
like. Instead of focusing their attention on major criminal
activity, however, the IRS began seizing funds from individuals
and small business owners that did a lot of cash business and
frequently made deposits of less than $10,000. The IRS would
hold the funds--oftentimes, most of the business's or
individual's entire savings--until the property holders agreed
to settle the case, even if the property owners continued to
insist on their innocence of structuring. Many of these people
explained that their insurance policies only protected up to
$10,000 of cash on hand in their stores, so they would deposit
funds as they got close to $10,000, or a bank teller had told
them that it would save paperwork if they kept their cash
deposits under $10,000. After the Ways and Means Committee
began raising questions about the IRS's seizure and settlement
practices, on October 25, 2014, the IRS issued a policy saying
it would no longer seize structured funds unless they came from
an illegal source.
In February 2015, the Oversight Subcommittee held a hearing
at which Commissioner Koskinen apologized to the victims for
the IRS's actions. Several of the victims petitioned the IRS
and DOJ to return their funds. In August 2015, all members of
the Oversight Subcommittee joined in a request asking the IRS
and DOJ to review all civil asset forfeiture cases initiated by
the IRS based on allegations that people structured their
financial transactions to avoid reporting requirements and to
return funds in cases where appropriate. On December 2, 2015,
the Subcommittee contacted the IRS and DOJ to request a
briefing on the status of the review process. The agency staff
response led staff to believe that Treasury, IRS, and the DOJ
had not yet taken any action to commence the review process.
The agencies delayed meeting with Subcommittee Chairman Roskam
until February 12, 2016--more than two months after the staff
initially requested the meeting. At that briefing, it was
unclear whether the agencies were planning to conduct such a
review, although a week after that meeting, the IRS did return
more than $100,000 to one victim. On March 23, 2016, the
Subcommittee sent another letter to the IRS, Treasury, and the
DOJ, reiterating the Subcommittee's request that those agencies
review all pending petitions for the remission of funds and
establish a process to review similar cases.
On May 25, 2016, the Subcommittee held Part II of its
hearing examining the issue at which several victims testified
on the first panel and IRS Commissioner Koskinen, IRS Chief of
Criminal Investigation Richard Weber, and DOJ Deputy Assistant
Attorney General Ken Blanco testified about their current
policies and practices and the review of petitions. Every
member of the Subcommittee called for the Administration to
give the petitions a fair review process and return money to
the victims in appropriate cases.
On June 15, 2016, the IRS announced that it would notify
all people from whom the IRS had seized assets based on a
suspicion of structuring since 2010 that they could petition
the IRS to reconsider their cases. The IRS sent notification
letters to more than 1500 people and thus far has received
about 400 petitions. The IRS has reviewed approximately half of
those petitions to date and has granted full remission of funds
in 84 cases under its jurisdiction. It also has recommended
full mitigation in 89 cases that currently fall under the DOJ's
jurisdiction. In a meeting on September 28, 2016, the DOJ
assured Chairman Roskam and Ranking Member Lewis that it is
reviewing those petitions. So far, the DOJ has returned $29,500
to the Sowers family, Maryland dairy farm owners who testified
at both Subcommittee hearings, but has not granted any other
petitions to date.
The civil asset forfeiture investigation also brought to
light potential prosecutorial misconduct in several cases. At
the Oversight Subcommittee's February 2015 hearing, two
witnesses whose assets had been seized testified about how the
Assistant U.S. Attorneys in their cases had threatened them
and, in one case, increased a penalty because the witness had
spoken to the press. On March 16, 2015, Oversight Subcommittee
Chairman Roskam and Ranking Member Lewis wrote Attorney General
Holder asking him to investigate the conduct of those
prosecutors. On June 7, 2016, Chairman Roskam and Ranking
Member Lewis sent another letter asking Attorney General Lynch
to provide a status update on those investigations and to
investigate the conduct of a third prosecutor who sent a
threatening email to one victim of the IRS's abuse after the
Subcommittee had raised the victim's case during the hearing.
The DOJ's Office of Professional Responsibility has
investigated and closed two of those cases and continues to
investigate the third.
Chairman Roskam and Rep. Joe Crowley (D-NY) introduced H.R.
5523 Clyde-Hirsch-Sowers RESPECT Act on June 16, 2016 and the
Committee marked up the bill on July 7, 2016. The Committee
ordered the bill favorably reported to the House of
Representatives, and the bill was passed by the House on
September 22, 2016, by a vote of 415-0. Senators Tim Scott (R-
SC) and Sherrod Brown (D-OH) introduced a companion bill, S.
3353 in the Senate.
b) IRS Diversion of Funds from Customer Service
In 2015, Commissioner Koskinen announced that due to budget
cuts, the IRS would have to do ``less with less'' and that
customer service for the 2015 filing season was ``abysmal.''
People waited for hours trying to talk to IRS employees, only
to be hung up on. The Committee investigated the poor customer
service because taxpayer services was level-funded by Congress
from 2014 to 2015. The Committee discovered that in fact, the
IRS had cut its own taxpayer service budget by diverting
funding away from its user fee account towards other
priorities. This led to significant problems in customer
service. The Committee highlighted the IRS's decisions in a
report that showed how the IRS diverted funding and prioritized
other issues above serving taxpayers. The IRS changed its
strategy for 2016 and had far better customer service. The GAO
has reported to the Subcommittee that the IRS has absorbed $1.2
billion in budget cuts since fiscal year 2010.
c) Lack of Controls in IRS Audit Selection Practices
After the Committee learned that the IRS targeted
conservative groups applying for tax-exempt status, it was
concerned that this targeting could happen in other divisions
within the agency, particularly in audit selection. Therefore,
the Committee asked the GAO to review each business unit and
audit selection process within the IRS to ensure that audits
are selected fairly and without bias. To date, GAO has released
six reports highlighting problems with the IRS's audit
selection process. In particular, the reports reveal that the
IRS does not have procedures in place to ensure fairness, and
there is risk that organizations could be selected for audit
unfairly, including for political or religious views. GAO's
work is ongoing. The Committee held a hearing in July 2015 on
one of the reports, and wrote to the IRS in September 2016
asking about the status of the 38 recommendations GAO made to
the IRS. According to the IRS, currently, of the 38
recommendations, 12 have been implemented, with 10 expected to
be implemented by the end of October 2016, with the remaining
16 still in progress.
d) IRS Document Destruction and Preservation Practices
Over the past four years, the Committee's investigations
have demonstrated that the IRS does not have sufficient
controls in place to preserve documents, nor does it have
systems that allow it to search and produce documents
appropriately in the course of litigation and in responding to
FOIA requests and congressional oversight. This year, the IRS
disclosed that it had destroyed documents subject to a
litigation hold in the course of FOIA litigation against
Microsoft. On January 22, 2016, Chairman Brady and Mr. Roskam
sent the IRS a letter requesting information regarding why the
IRS destroyed those documents.
It appears that the IRS is not in full compliance with the
Federal Records Act or the National Archives and Records
Administration. As follow up to the January 22 letter and as a
next step in the investigation, Chairman Brady has asked TIGTA
to investigate the IRS's document preservation and production
practices, and TIGTA's investigation is underway. Tangentially
to that investigation, TIGTA released a report in October 2016
stating that the IRS had wasted $12 million by purchasing
licenses to implement an email and record storage system that
did not meet the IRS's own internal security requirements.

Tax-Exempt Organization Review

a) Colleges and Universities
On October 7, 2015, the Oversight Subcommittee held a
hearing regarding several issues pertaining to colleges and
universities, including the favorable tax treatment of their
endowments, the rising costs of tuition, and the means by which
they determine executive compensation. Many members expressed
concerns that tuition increases are far exceeding inflation and
yet, at the same time, more than 90 schools have endowments
exceeding $1 billion. Furthermore, the method by which the IRS
determines that private schools' executive compensation is
``reasonable'' is largely by comparing the compensation to that
of similarly situated schools, which becomes a one-way avenue
for compensation to continue to increase.
On September 13, 2016, the Oversight Subcommittee held a
second hearing on similar topics, although this time, in
addition to expert testimony about the drivers of tuition
increases and tax policy, the Subcommittee heard from several
institutions about what they are doing to make college more
affordable for students. The Berea College Vice President of
Finance Jeff Amburgey explained how Berea does not charge any
tuition at all, and Washington College President Sheila Bair
discussed innovative measures she has undertaken to help
students, such as matching funds saved in 529 plans, paying of
students' federal loans, and fully funding tuition for low-
income, high potential first-generation college students.
Additionally, Senate Finance Committee Chairman Hatch and
Ways and Means Committee Chairman Brady and Oversight
Subcommittee Chairman Roskam sent a letter on February 8, 2016,
to all private colleges and universities with endowments of $1
billion or more (56 institutions). All 56 colleges and
universities submitted their responses by the April 1 deadline.
In September, staff sent follow-up requests to sixteen
institutions to better understand their responses regarding
endowment management costs and financial aid, and all of those
institutions provided their responses by October 14, 2016.

Investigations Across Agencies Under the Committee's Jurisdiction

a) Anti-Burrowing
Federal hiring laws establish procedures for political
appointees to convert to career positions within administrative
agencies. These procedures are designed to prevent agencies
from hiring career employees for political reasons. Frequently
near the end of an administration, political employees
``burrow'' into agencies as career employees, with or without
meeting the legal requirements, to continue pursuing their
political agenda in the next administration.
On February 16, 2016, Chairman Brady, along with Senate
Finance Committee Chairman Hatch, sent letters to HHS, the
Social Security Administration, Treasury, and the U.S. Trade
Representative requesting information regarding each employee
conversion at each agency through this Administration. The
agencies were given a deadline of March 1, 2016, and asked to
update the provided information on the first of each month
through January 2017.
SSA and USTR have stated that they have had no employee
conversions. HHS has provided information about four employee
conversions. Treasury has provided information about nine
employee conversions. The information Treasury and HHS provided
about those conversions was not fully responsive to the
requests, and staff continues to press them for more
information.
b) Data Security
The Subcommittee has been overseeing how the agencies under
the Committee's jurisdiction have been handling their data
security responsibilities.
Social Security: The Oversight and Social Security
subcommittees held a closed door, bipartisan briefing on State
of the Security of the Social Security Administration's (SSA)
Information Technology Systems. The briefing included a
presentation by SSA Chief Information Officer and Deputy
Commissioner for Systems Robert Klopp and Chief Information
Security Officer Marti Eckert. The briefing covered an overview
of the SSA IT infrastructure, concerns related to Cybersecurity
Audit Findings and Recommendations, FISMA Audits, and Risk
Vulnerability Assessment by the Department of Homeland
Security.
CMS: On March 23, 2016, the Committee, along with Senate
HELP, Senate Finance, House Energy and Commerce, and House
Oversight and Government Reform, and others wrote to CMS
concerning a recent report by the GAO about security incidents
reported on the Healthcare.gov platform. On September 8, 2016,
the Committees received a briefing by HHS to go over the
findings on the report and the Department's response.
IRS: Committee staff have held several meetings with the
IRS and industry stakeholders such as tax preparers and tax
software companies to understand how the IRS is addressing its
data security issues through a ``security summit.'' Staff also
have been receiving regular updates regarding data breaches at
the IRS, such as the large-scale 2015 data breach of the IRS's
Get Transcript application and the March 2016 hack of its IP
PIN program, the program designed to provide security for
people whose accounts previously had been hacked.
c) Solar Investigation
Section 1603 of the Internal Revenue Code creates tax
credits to reimburse people for installing certain energy
units, particularly solar energy. In recent years, the
residential solar industry has increasingly relied on the use
of third-party ownership structures and tax equity investments
to expand the market for residential solar properties. In a
typical arrangement, a third-party tax equity investor will
enter into a partnership (``financing fund'') with the solar
energy property developer, providing the necessary capital in
exchange for a revenue stream from customer lease payments as
well as any Section 1603 cash grants or solar energy credits
related to the property. In September 2016, Chairman Brady and
Chairman Hatch sent a letter to seven solar industry companies
asking about their use of the 1603 energy tax credit in order
to better understand the use of these solar energy credits,
third-party financing, and methods of determining cost basis
for solar energy properties. All seven companies responded by
the October 11 deadline.

SUBCOMMITTEE ON TRADE

Trade Promotion Authority

Actions taken
On January 13, 2015, the Committee held a hearing on the
state of the U.S. economy and polices that can promote job
creation and economic growth. The Committee heard testimony
from Martin Feldstein, Douglas Holtz-Eakin, and Simon Johnson,
which included discussion about the importance of trade
promotion authority and international trade for promoting job
creation and economic growth.
On January 21, 2015, the Committee met with Ambassador
Froman, the U.S. Trade Representative, to discuss trade
negotiations and trade promotion authority. On February 25,
2015, the Committee met with Treasury Secretary Lew to discuss
trade negotiations and trade promotion authority.
On February 3, 2015, the Committee held a hearing on the
U.S. trade agenda with Ambassador Michael Froman, United States
Trade Representative. The Committee heard testimony about the
importance of TPA for U.S. economic growth and job creation.
On April 17, 2015, then-Chairman of the Committee on Ways
and Means, Paul Ryan, along with Representatives Sessions,
Tiberi, and Cuellar, introduced H.R. 1890, the ``Bipartisan
Congressional Trade Priorities and Accountability Act of
2015,'' to establish trade negotiating objectives and enhanced
consultation requirements for trade negotiations, to provide
for consideration of trade agreements, and for other purposes.
The bill was referred to Committee on Ways and Means.
On April 21, 2015, the Department of the Treasury sent a
letter to the Committee expressing its strong support for the
Trade Promotion Authority legislation, the ``Bipartisan
Congressional Trade Priorities and Accountability Act of
2015.''
On April 22, the Committee held a hearing on expanding
American trade with accountability and transparency with
Treasury Secretary Jack Lew, Agriculture Secretary Tom Vilsack,
and Commerce Secretary Penny Pritzker. The Committee heard
testimony on the Administration's support for this legislation
and its importance to concluding the strongest possible trade
agreements.
On April 23, the Committee considered H.R. 1890 and ordered
the bill favorably reported, as amended, by a roll call vote of
25-13, and the report was filed on May 1.
On June 18, the House passed H.R. 2146 with an amendment to
add the provisions of H.R. 1890, as amended, by a recorded vote
of 218-208. On June 24, the Senate agreed to the House
amendment to Senate amendment to H.R. 2146 by a recorded vote
of 60-38. On June 29th, H.R. 2146 was signed into law and
became Public Law No. 114-26.
As required by the new statute, the International Trade
Commission issued on June 29, 2016, a report on the economic
impact on the United States of all trade agreements with
respect to which Congress has enacted an implementing bill
under trade authorities procedures since 1984.
On July 21, 2015, the House Advisory Group on Negotiations
met as required by the provisions of trade promotion authority
legislation within 60 days of enactment of TPA.
On September 24, 2015, the Committee held a bipartisan
meeting with Ambassador Froman to discuss the trade agenda. On
September 25, 2015, the House Advisory Group on Negotiations
met to discuss the trade agenda.
On October 27, 2015, USTR issued the Guidelines for
Consultation and Engagement under the requirements of the trade
promotion authority legislation.
On February 2, 2016, the Committee held a hearing entitled
``Reaching America's Potential: Delivering Growth and
Opportunity for All Americans.'' The purpose of the hearing was
to focus on reaching America's potential through pro-growth
policies that deliver opportunities for all Americans.
Testimony was received from (i) Douglas Holtz-Eakin,
President--American Action Forum, (ii) Kevin Hassett, Director
of Economic Policy Studies--American Enterprise Institute,
(iii) Jared Bernstein, Senior Fellow--Center on Budget and
Policy Priorities, (iv) Stephen Moore, Distinguished Visiting
Fellow, Institute for Economic Freedom and Opportunity--The
Heritage Foundation.
On June 14, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Agriculture Trade and Eliminating
Barriers to U.S. Exports.'' The purpose of the hearing was to
focus on how high-standard and ambitious trade agreements that
are thoroughly implemented and fully enforced can open much-
needed markets to U.S. agriculture exports and that benefit
rural and urban America. Testimony was received from (i) Kevin
Paap, President Minnesota Farm Bureau; Chair--American Farm
Bureau Federation Trade Advisory Committee, (ii) Randy Mooney,
Chairman--National Milk Producers Federation, (iii) John Weber,
President--National Pork Producers Council, (iv) Dale Foreman,
Chairman--Foreman Fruit Company, and (v) Heather McClung, Co-
Owner--Schooner EXACT Brewing Company; President, Washington
Brewers Guild.
On July 13, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Digital Trade and Eliminating
Barriers to U.S. Digital Exports.'' The purpose of the hearing
was to focus on how high-standard and ambitious digital trade
provision in U.S. trade agreements can, if thoroughly
implemented and full enforced, open markets to U.S. exports and
benefit U.S. businesses of all sizes that rely on digital trade
to enable sales of goods and services. Testimony was received
by (i) Robert Atkinson, President--Information Technology and
Innovation Foundation, (ii) Christopher A. Padilla, Vice
President--Government and Regulatory Affairs, IBM Corporation,
(iii) Michael M. Beckerman, President and CEO--Internet
Association, (iv) Kavita Shukla, Founder and CEO--Fenugreen
LLC, and (v) Usman Ahmed, Head of Global Public Policy--PayPal
Inc.

Miscellaneous Tariff Bill (``MTB'')

Actions taken
On April 14, 2016, the Trade Subcommittee held a hearing
entitled the ``The Miscellaneous Tariff Bill: Helping U.S.
Manufacturers through Tax Cuts.'' The purpose of the hearing
was to focus on the U.S. manufacturing and economic benefits of
providing temporary tariff relief on imported finished goods
and raw materials not produced in the United States and the
goal of establishing a process in the House for consideration
of such legislation in a manner that is consistent with House
Rules and related guidance. Testimony was received from (i)
Leib Oehmig, President and Chief Operating Officer--Glen Raven,
Inc., (ii) Dawn Grove, Corporate Counsel--Karsten Manufacturing
Corporation, (iii) Brooke DiDomenico, Production Manager--
Nation Ford Chemical, and (iv) Matthew Schreiner, Global Leader
for GORE-TEX Footwear Innovation--W.L. Gore & Associates.
On April 13, Chairman Kevin Brady, Ranking Member Sander
Levin, Trade Subcommittee Chairman Dave Reichert, and Trade
Subcommittee Ranking Member Charles Rangel, along with 58
cosponsors, introduced H.R. 4923, the ``American Manufacturing
Competitiveness Act of 2016,'' to establish a process for the
submission and consideration for petitions for temporary duty
suspensions and reductions in coordination with the
International Trade Commission.
On April 20, the Committee considered the legislation and
ordered it to be reported, as amended, by voice vote. On April
27, the House passed H.R. 4923, as amended, by a vote of 415-2.
On May 10, the Senate passed the bill without amendment by
unanimous consent. On May 20, the bill was signed into law and
became Public Law No. 114-159.
Since enactment of the legislation, the Committee consulted
heavily with the International Trade Commission to assure that
the terms of the new statute are being implemented properly.

3. China

Actions taken
On September 21, 2015, then-Chairman Paul Ryan and Ranking
Member Sander Levin, together with Senate Finance Chairman
Orrin Hatch and Ranking Member Ron Wyden, sent a letter to
President Barack Obama outlining their concerns about the
bilateral relationship with China in advance of President Xi
2015 state visit.
On December 23, 2015, the United State Trade Representative
sent a letter to the Committee containing the 2015 Report on
China's WTO Compliance, pursuant to section 421 of the U.S.-
China Relations Act of 2000.
On June 3, 2016, Chairman Kevin Brady and Ranking Member
Sander Levin, together with Senate Finance Chairman Orrin Hatch
and Ranking Member Ron Wyden, sent a letter to U.S. Trade
Representative Michael Froman, Secretary of the Treasury Jacob
Lew, Secretary of State John Kerry, and Secretary of Commerce
Penny Pritzker outlining their concerns about the bilateral
relationship with China in advance of the eighth session of the
U.S.-China Strategic and Economic Dialogue (S&ED). On July 18,
2016, the State Department sent a letter in response. On August
17, 2016, the Department of the Treasury sent a letter in
response.
The Committee has held staff consultations with USTR and
the Department of State to discuss the ongoing negotiation of a
Bilateral Investment Treaties (BIT) with China.

4. Customs Authorization

Actions taken
H.R. 1907, the ``Trade Facilitation and Trade Enforcement
Act of 2015,'' was introduced on April 21, 2015, by then-Trade
Subcommittee Chairman Pat Tiberi and Representatives Kevin
Brady and Charles Boustany. The Committee considered H.R. 1907
on April 23, 2015 and ordered the bill, as amended, favorably
reported by voice vote (with a quorum being present). The House
then passed H.R. 644, which was amended to include provisions
from H.R. 1907, by a recorded vote of 240-190. On June 24, the
Senate passed the bill and requested a conference committee to
resolve differences with the House. On December 1, the House
followed suit by a recorded vote of 252-170. The Conference
Committee met on December 7 and filed its conference report on
December 9 (H. Rept. 114-376). On December 11 the House agreed
to the conference report by a recorded vote of 256-158. On
February 11, 2016, the Senate agreed to the conference report
by a recorded vote of 75-20. On February 24, the bill was
signed into law and became Public Law No. 114-125.
On February 25, 2015, Representative Raul Grijalva, along
with eight cosponsors, introduced H.R. 1075, ``to designate the
United States Customs and Border Protection Port of Entry
located at First Street and Pan American Avenue in Douglas,
Arizona, as the Raul Hector Castro Port of Entry.''' On April
28, the House voted to suspend the rules and pass the bill by
voice vote. On May 12, the Senate passed the bill without
amendment by unanimous consent. On May 22, the bill was signed
into law and became Public Law No. 114-16.
On May 16, 2016, Representative Will Hurd introduced H.R.
5252, ``to designate the United States Customs and Border
Protection Port of Entry located at 1400 Lower Island Road in
Tornillo, Texas, as the Marcelino Serna Port of Entry'.'' On
July 11, the House voted to suspend the rules and pass the bill
by voice vote. On September 20, the Senate passed the bill
without amendment by unanimous consent. On September 29, the
bill was signed into law and became Public Law No. 114-225.
On May 13, 2016, Representative William Keating, along with
19 cosponsors, introduced H.R. 2285, the ``Prevent Trafficking
in Cultural Property Act,'' to improve the enforcement against
trafficking in cultural property and prevent stolen or illicit
cultural property from financing terrorist and criminal
networks. On September 14, the Committee on Ways and Means
considered the bill and ordered it reported, as amended, by
voice vote. On September 22, the House voted to suspend the
rules and pass the bill, as amended, by a vote of 415-0. There
has been no further action.
On September 27, 2016, the Trade Subcommittee held a
hearing entitled ``Effective Enforcement of U.S. Trade Laws.''
The purpose of the hearing was to focus on U.S. Customs and
Border Protection's enforcement of U.S. trade laws and the
implementation of the Trade Facilitation and Trade Enforcement
Act of 2015. Testimony was received from Commissioner R. Gil
Kerlikowske, U.S. Customs and Border Protection.
Throughout the 114th Congress, the Committee consulted
heavily with CBP concerning implementation of all the
provisions of the legislation.
On April 29, 2016, the Department of Homeland Security sent
a letter to the Committee to notify the establishment of the
Commercial Customs Operations Advisory Committee (COAC),
pursuant to section 109 of the Trade Facilitation and Trade
Enforcement Act of 2015, to advise the Administration on the
commercial operations of U.S. Customs and Border Protection and
other related functions.
On May 2, 2016, the Secretary of the Department of Homeland
Security sent a letter to the Committee notifying of the
Department's decision to renew the extension to the deadline
for full-scale implementation of the 100 percent scanning of
U.S.-bound maritime cargo for an additional two years.
On May 15, 2016, the Secretary of the Department of
Homeland Security sent a letter to the Committee to notify the
establishment of new offices and positions by CBP, pursuant to
the Trade Facilitation and Trade Enforcement Act of 2015.
On April 29, 2016, the Inspector General for the Treasury
Department sent a letter to the Committee regarding reporting
requirements for the Department under the Trade Facilitation
and Trade Enforcement Act of 2015, noting that it will not meet
two of the statutory requirements.
On June 30, 2016, the Inspector General of Department of
the Treasury sent to the Committee its report required by the
Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) on
the effectiveness of measures taken by United States Customs
and Border Protection with respect to protection of revenue,
the number and outcome of investigations instituted by CBP with
respect to underpaid duties, and the effectiveness of training
with respect to the collection of duties for personnel of the
CBP.
On June 30, 2016, the Department of Homeland Security sent
a letter to the Committee notifying the Department's
reestablishment of the Data Privacy and Integrity Advisory
Committee.
On August 17, 2016, the Customs and Border Protection
Agency sent a letter to the Committee enclosing its 2016 annual
report on staffing, pursuant to section 802 of the Trade
Facilitation and Trade Enforcement Act of 2015.
On August 26, 2016, the Customs and Border Protection
Agency sent to the Committee its report on changes to customs
policies and regulations, pursuant to the Trade Facilitation
and Trade Enforcement Act of 2015.
On November 28, 2016, the U.S. Government Accountability
Office sent a letter to the Committee confirming its commitment
to examine federal agencies' trade enforcement expenditures,
pursuant to the Trade Facilitation and Trade Enforcement Act of
2015.
On December 5, 2016, the Customs and Border Protection
Agency sent to the Committee its report entitled ``Honey
Country of Origin and Composition Analyses,'' pursuant to the
section 608 of the Trade Facilitation and Trade Enforcement Act
of 2015.

Trans-Pacific Partnership

Actions taken
On January 13, 2015, the Committee held a hearing on the
state of the U.S. economy and polices that can promote job
creation and economic growth. The Committee heard testimony
from Martin Feldstein, Douglas Holtz-Eakin, and Simon Johnson,
which included discussion about the importance of the Trans-
Pacific Partnership (TPP) negotiations.
On January 21, 2015, the Committee met with Ambassador
Froman, the U.S. Trade Representative, to discuss trade
negotiations, including the TPP negotiations.
On January 27, 2015, the Committee held a hearing on the
U.S. trade policy agenda. Among the trade issues covered were
the structure, content, and prospect for the ongoing TPP
negotiations. Ambassador Michael Froman, the United States
Trade Representative, testified before the Committee on the
Administration's views on these issues.
On January 27-30, 2015, the Committee conducted a
bipartisan staff delegation to New York City, New York to
participate in the TPP Trade Ministers meeting and to meet with
officials from TPP countries and U.S. officials.
On February 13-21, 2015, then-Committee Chairman Paul Ryan
led a bipartisan Congressional delegation to Singapore,
Malaysia, and Japan to meet with officials from those countries
regarding TPP.
On February 25, 2015, the Committee met with Treasury
Secretary Lew to discuss the trade negotiations.
On March 10-14, 2015, the Committee conducted a staff
delegation to Waikoloa, Hawaii to participate in the TPP Trade
Ministers meeting and to meet with officials from TPP countries
and U.S. officials.
On April 22, 2015, the Committee held a hearing on
expanding American trade with accountability and transparency
with Treasury Secretary Jack Lew, Agriculture Secretary Tom
Vilsack, and Commerce Secretary Penny Pritzker. The Committee
heard testimony on the Administration's support for concluding
the strongest possible trade agreements, including TPP.
On July 21, 2015, the House Advisory Group on Negotiations
met as required by the provisions of trade promotion authority
legislation within 60 days of enactment of TPA and, among other
issues, discussed the outstanding issues for the TPP
negotiations.
On July 26-August 1, 2015, the Committee conducted a
bipartisan delegation with Ranking Member Levin and Committee
staff to Maui, Hawaii to participate in the TPP Trade Ministers
meeting and to meet with officials from TPP countries and U.S.
officials.
On September 24, 2015, the Committee held a bipartisan
meeting with Ambassador Froman to discuss the trade agenda,
including TPP.
On September 25, 2015, the House Advisory Group on
Negotiations met to discuss the trade agenda, including TPP.
On September 27-October 5, 2015, the Committee conducted a
bipartisan delegation with Ranking Member Levin and Committee
staff to Atlanta, Georgia to participate in the TPP Trade
Ministers meeting and to meet with officials from TPP countries
and U.S. officials.
On November 14-18, 2015, the Committee conducted a
bipartisan staff delegation to the Asia Pacific Economic
Cooperation Ministerial in Manila, Philippines to meet with
officials from TPP countries and U.S. officials.
On February 2, 2016, the Committee held a hearing entitled
``Reaching America's Potential: Delivering Growth and
Opportunity for All Americans.'' The purpose of the hearing was
to focus on reaching America's potential through pro-growth
policies that deliver opportunities for all Americans. TPP was
discussed. Testimony was received from (i) Douglas Holtz-Eakin,
President--American Action Forum, (ii) Kevin Hassett, Director
of Economic Policy Studies--American Enterprise Institute,
(iii) Jared Bernstein, Senior Fellow--Center on Budget and
Policy Priorities, (iv) Stephen Moore, Distinguished Visiting
Fellow, Institute for Economic Freedom and Opportunity--The
Heritage Foundation.
On March 4-12, 2016, the Committee conducted a staff
delegation to Japan, Malaysia, and Singapore to meet with
officials from those countries regarding enactment and
implementation of TPP.
On May 18, 2016, the International Trade Commission
submitted a report to the Committee entitled the Likely Impact
of the Trans-Pacific Partnership (TPP) Agreement.
On June 14, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Agriculture Trade and Eliminating
Barriers to U.S. Exports.'' The purpose of the hearing was to
focus on how high-standard and ambitious trade agreements that
are thoroughly implemented and fully enforced can open much-
needed markets to U.S. agriculture exports and that benefit
rural and urban America. The impact of TPP was discussed
extensively. Testimony was received from (i) Kevin Paap,
President Minnesota Farm Bureau; Chair--American Farm Bureau
Federation Trade Advisory Committee, (ii) Randy Mooney,
Chairman--National Milk Producers Federation, (iii) John Weber,
President--National Pork Producers Council, (iv) Dale Foreman,
Chairman--Foreman Fruit Company, and (v) Heather McClung, Co-
Owner--Schooner EXACT Brewing Company; President, Washington
Brewers Guild.
On June 29, 2016, Ambassador Michael Froman transmitted the
first annual Report on Capacity Building Activities Undertaken
in Connection with Trade Agreements, to provided Congress with
an update on the development of capacity building activities to
support robust implementation of TPP.
On July 13, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Digital Trade and Eliminating
Barriers to U.S. Digital Exports.'' The purpose of the hearing
was to focus on how high-standard and ambitious digital trade
provision in U.S. trade agreements can, if thoroughly
implemented and full enforced, open markets to U.S. exports and
benefit U.S. businesses of all sizes that rely on digital trade
to enable sales of goods and services. TPP was discussed
extensively. Testimony was received by (i) Robert Atkinson,
President--Information Technology and Innovation Foundation,
(ii) Christopher A. Padilla, Vice President--Government and
Regulatory Affairs, IBM Corporation, (iii) Michael M.
Beckerman, President and CEO--Internet Association, (iv) Kavita
Shukla, Founder and CEO--Fenugreen LLC, and (v) Usman Ahmed,
Head of Global Public Policy--PayPal Inc.
On November 16-19, 2016, the Committee conducted a
bipartisan staff delegation to the Asia Pacific Economic
Cooperation Ministerial in Lima, Peru to meet with officials
from TPP countries and U.S. officials. Throughout the 114th
Congress, Committee Members and staff held frequent
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

Actions taken

a) Transatlantic Trade and Investment Partnership (TTIP) Negotiations

On January 27, 2015, the Committee held a hearing on the
U.S. trade policy agenda. The purpose of the hearing was to
focus on how the U.S. trade policy agenda, including the TTIP
negotiations, fosters economic growth and job creation.
Testimony was received from Ambassador Michael Froman, the
United States Trade Representative.
On July 21, 2015, the House Advisory Group on Negotiations
met as required by the provisions of trade promotion authority
legislation within 60 days of enactment of TPA and, among other
issues, discussed the outstanding issues for the TTIP
negotiations.
On September 25, 2015, the House Advisory Group on
Negotiations met to discuss the trade agenda, including the
outstanding issues for the TTIP negotiations.
On June 14, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Agriculture Trade and Eliminating
Barriers to U.S. Exports.'' The purpose of the hearing was to
focus on how high-standard and ambitious trade agreements like
TTIP that are thoroughly implemented and fully enforced can
open much needed markets to U.S. agriculture exports and that
benefit rural and urban America. Testimony was received from
(i) Kevin Paap, President Minnesota Farm Bureau; Chair--
American Farm Bureau Federation Trade Advisory Committee, (ii)
Randy Mooney, Chairman--National Milk Producers Federation,
(iii) John Weber, President--National Pork Producers Council,
(iv) Dale Foreman, Chairman--Foreman Fruit Company, and (v)
Heather McClung, Co-Owner--Schooner EXACT Brewing Company;
President, Washington Brewers Guild.
On July 13, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Digital Trade and Eliminating
Barriers to U.S. Digital Exports.'' The purpose of the hearing
was to focus on how high-standard and ambitious digital trade
provisions in U.S. trade agreements, including a completed
TTIP, can, if thoroughly implemented and fully enforced, open
markets to U.S. exports and benefit U.S. businesses of all
sizes that rely on digital trade to enable sales of good and
services. Testimony was received by (i) Robert Atkinson,
President--Information Technology and Innovation Foundation,
(ii) Christopher A. Padilla, Vice President--Government and
Regulatory Affairs, IMB Corporation, (iii) Michael M.
Beckerman, President and CEO--Internet Association, (iv) Kavita
Shukla, Founder and CEO--Fenugreen LLC, and (v) Usman Ahmed,
Head of Global Public Policy--PayPal Inc.
On June 26-27, 2016, Rep. Diaz-Balart led a bipartisan
Congressional delegation, which included Rep. Mike Kelly, to
the Hague, Netherlands, for the Transatlantic Legislators'
Dialogue. Legislators on both sides discussed views on TTIP and
respective negotiating priorities. They issued a joint
statement on June 27, 2016, at the conclusion of those
meetings.
On July 13, 2016, Chairman Kevin Brady, together with Trade
Subcommittee Reichert and all of the Republican Members of the
Committee, introduced H. Con. Res. 146, a concurrent resolution
expressing strong support for closer economic and commercial
ties between the United States and the United Kingdom following
the decision of the people of the United Kingdom to withdraw
from the European Union. The resolution further expressed
support for the conclusion of a high-standard TTIP agreement.
The resolution was referred to the Committee. Senate Finance
Committee Chairman Hatch introduced a companion resolution in
the Senate.
On October 3, 2016, Chairman Kevin Brady, together with
Senate Finance Committee Chairman Orrin Hatch, sent a letter to
U.S. Trade Representative Michael Froman on the ongoing TTIP
negotiations. The letter urged the Administration to continue
to pursue a comprehensive high-standard trade agreement with
the EU, notwithstanding a lack of engagement by the EU on
certain issues.
On October 4-7, 2016, the Committee conducted a bipartisan
staff delegation to New York to participate in the TTIP Chief
Negotiators meeting and to meet with officials from the EU and
U.S. officials.
Throughout the 114th Congress, the Committee engaged in
frequent Member and staff consultations with USTR, the European
Union, and EU member states 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 27, 2015, the Committee held a hearing on the
U.S. trade policy agenda with Ambassador Michal Froman, the
United States Trade Representative. Among the issues covered
was the potential of the TiSA negotiations to foster economic
growth and job creation.
On July 21, 2015, the House Advisory Group on Negotiations
met as required by the provisions of trade promotion authority
legislation within 60 days of enactment of TPA and, among other
issues, discussed the outstanding issues for the TiSA
negotiations.
On September 25, 2015, the House Advisory Group on
Negotiations met to discuss the trade agenda, including the
outstanding issues for the TiSA negotiations.
On July 13, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Digital Trade and Eliminating
Barriers to U.S. Digital Exports.'' Among the issues covered
was potential for the TiSA negotiations to benefit U.S.
businesses of all sizes that rely on digital trade to enable
sales of goods and services. Testimony was received from (i)
Robert Atkinson, President--Information Technology and
Innovation Foundation, (ii) Christopher A. Padilla, Vice
President--Government and Regulatory Affairs, IBM Corporation,
(iii) Michael M. Beckerman, President and CEO--Internet
Association, (iv) Kavita Shukla, Founder and CEO--Fenugreen
LLC, and (v) Usman Ahmed, Head of Global Public Policy--PayPal
Inc.
On October 20, 2016, the U.S. International Trade
Commission sent the 20th annual report to the Committee on
recent trends in the U.S. services trade pursuant to section
332(b) of the Tariff Act of 1930.
On November 1-4, 2016, the Committee conducted a bipartisan
staff delegation to Geneva to attend the TiSA negotiations and
to meet with officials from the United States and other TiSA
countries.
Throughout the 114th Congress, the Committee engaged in
frequent Member and 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) WTO Environmental Goods Agreement Negotiations

On January 27, 2015, the Committee held a hearing on the
U.S. trade policy agenda. The purpose of the hearing was to
focus on how the U.S. trade policy agenda, including the EGA
negotiations, fosters economic growth and job creation.
Testimony was received from Ambassador Michael Froman, the
United States Trade Representative.
On September 11, 2015, the United State Trade
Representative sent a letter to the Speaker of the House
notifying of the Administration's ongoing negotiations in the
WTO aimed at eliminating tariffs on a wide range of
environmental goods, known as the WTO Environmental Goods
Agreement, in accordance with section 107(b)(1) of the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015.
On November 17, 2015, the United States Trade
Representative sent the Speaker of the House a letter notifying
the Administration's intent to agree on tariff reductions for
54 environmental products at the 2015 APEC Leaders' meeting,
pursuant to section 103(a) of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015.
The Committee has also engaged in frequent Member and staff
consultations with USTR to discuss ongoing progress in the
negotiations and to provide Member views on the conduct and
content of the negotiations.

d) Bilateral Investment Treaty Negotiations

The Committee has held multiple staff consultations with
USTR and the Department of State to discuss the negotiation of
Bilateral Investment Treaties (BITs) with China, India, and
other countries.

e) Russia

On June 19, 2015, 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 December 19, 2015, the United State Trade Representative
sent the Committee its 2015 Report on the Implementation and
Enforcement of Russia's WTO Commitments, pursuant to section
201(a) of the Russia and Moldova Jackson-Vanik Repeal and
Sergei Magnitsky Rule of Law Accountability Act of 2012.
On December 20, 2015, the Department of Commerce sent a
report to the Committee regarding Russian anti-bribery and
reporting assistance.
On December 23, 2015, the State Department sent a letter to
the Committee containing a report on the measures taken and
results achieved to promote the rule of law in Russia and
support U.S. trade and investment, pursuant to section 202(a)
of the Russia and Moldova Jackson-Vanik Repeal and Sergei
Magnitsky Rule of Law Accountability Act of 2012.

f) India

On September 18, 2015, then-Chairman Paul Ryan and Ranking
Member Sander Levin, together with Senate Finance Chairman
Orrin Hatch and Ranking Member Ron Wyden, sent a letter to
Secretary of State John Kerry and Secretary of Commerce Penny
Pritzker highlighting the importance of expanding the bilateral
relationship with India in advance of the inaugural meeting of
the U.S.-India Strategic and Commercial Dialogue (S&CD). The
letter urged the Administration to address several trade and
investment issues at the U.S.-India Strategic Dialogue, such as
forced localization measures, intellectual property protection,
and market access for agricultural goods. On October 7, 2015,
the State Department sent a letter in response.
On September 22, 2015, the International Trade Commission
sent the Committee on Ways and Means a report on trade and
investment policies in India from 2014-2015, as requested by
the Committee on September 24, 2014.
The Committee held staff consultations with USTR and the
Department of State to discuss the negotiation of a Bilateral
Investment Treaty (BITs) with India. The Committee also engaged
in frequent Member and staff consultations with USTR and the
ITC regarding U.S.-India issues.

7. Preference Programs

Actions taken
On February 3, 2015, the Committee held a hearing on the
U.S. trade agenda with Ambassador Michael Froman, United States
Trade Representative. The Committee heard testimony about the
importance of renewal of the African Growth and Opportunity Act
and the Generalized System of Preferences including the
benefits of the preferences programs for international
development and the U.S. economy.
On April 7, 2015, the White House sent a letter to the
Committee regarding the long-term significance to Africa and
the United States of legislation of renewing the AGOA.
On April 17, 2015, then-Committee Chairman Paul Ryan,
together with Trade Subcommittee Chairman Patrick Tiberi,
Ranking Member Sander Levin, Trade Subcommittee Ranking Member
Charles Rangel, Representative Todd Young, and Representative
Jim McDermott, and four other Members introduced H.R. 1891, the
``AGOA Extension and Enhancement Act of 2015,'' to extend the
African Growth and Opportunity Act, the Generalized System of
Preferences, the preferential duty treatment program for Haiti,
and for other purposes.
On April 22, the Committee held a hearing on expanding
American trade with accountability and transparency with
Treasury Secretary Jack Lew, Agriculture Secretary Tom Vilsack,
and Commerce Secretary Penny Pritzker. The Committee heard
testimony on the Administration's support for this legislation
and timely renewal of the preference programs.
The Committee considered H.R. 1891 on April 23 and ordered
the bill favorably reported by voice vote. The Committee filed
its report on May 1.
On June 11, the House agreed to the Senate amendment to
H.R. 1295, which added the provisions of H.R. 1891 and made
further amendments, with a further amendment by a recorded vote
of 397-32. On June 24, the Senate concurred in the House
amendment to the Senate amendment with a further amendment by
voice vote. On June 25, the House agreed to the Senate
amendment by a recorded vote of 286-138. The bill was signed
into law on June 29 and became Public Law No. 114-27.
In the conference report to H.R. 644, the ``Trade
Facilitation and Trade Enforcement Act of 2015,'' the conferees
included provisions from H.R. 2659, the ``Nepal Trade
Preferences Act.'' The conference report was signed in into law
on February 24, 2015, and became Public Law No. 114-125.
On December 20, 2015, the United State Trade Representative
sent a letter to the Committee containing the Eleventh Report
on the Operation of the Caribbean Basin Economic Recovery Act.
On June 17, 2016, the United States Trade Representative
sent to the Committee USTR's annual report to Congress on the
implementation of the Technical Assistance Improvement and
Compliance Needs Assessment and Remediation Program (TAICNAR),
pursuant to section 213A(e)(5) of the Caribbean Basin Economic
Recovery Act.
On June 29, 2016, the United State Trade Representative
sent to the Committee its 2016 biannual report on the
implementation of the Africa Growth and Opportunity Act,
pursuant to section 110(b) of the Trade Preferences Extension
Act of 2015.
On September 23, 2016, the United State Trade
Representative sent the Committee its Beyond AGOA report,
looking at the future of U.S.-Africa trade and investment.
On August 23-29, 2015, Representatives Erik Paulsen and
Jason Smith participated in the Africa Growth and Opportunity
Act (AGOA) Forum in Libreville, Gabon and met with officials
from the U.S. and AGOA countries.
On September 26, 2016, Representative Jason Smith
participated in the AGOA Forum in Washington, D.C.
The Committee also engaged in frequent Member and staff
consultations with USTR and other relevant agencies regarding
all preference programs.

8. World Trade Organization (WTO)

Actions taken
On January 15, 2016, the United State Trade Representative,
pursuant to section 115 of the Uruguay Round Agreements Act,
sent to the Committee its report on proposed modifications to
the Harmonized Tariff Schedule to implement the World Trade
Organization's Expansion of Trade in Information Technology
Products.
On June 19, 2015, 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 December 4, 2015, Congress received from the U.S. Trade
Representative a report regarding the pending accessions of the
Republic of Liberia and the Islamic Republic of Afghanistan to
the World Trade Organization, as required by the Section 122 of
the Uruguay Round Agreements Act.
On December 15, 2015, the Committee received a report from
the Secretary of Commerce, setting forth the strategy of the
Executive Branch to address concerns of the Congress regarding
whether dispute settlement panels and the Appellate Body of the
WTO have added to obligations, or diminished rights, of the
United States, as required by Section 106(b)(5) of the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015.
On December 15-18, 2016 the Committee conducted a
bipartisan staff delegation to Nairobi, Kenya to participate in
the Tenth WTO Ministerial and to meet with officials from WTO
countries and U.S. officials.
On December 19, 2015, 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.
On December 23, 2015, the Committee received from USTR the
report on China's WTO compliance, as required by Section 421 of
the U.S.-China Relations Act of 2000.
On November 1-4, 2016, the Committee conducted a bipartisan
staff delegation to Geneva and met with officials from the WTO,
the United States and other WTO member countries. Topics
addressed included ongoing negotiations, accessions to the WTO,
and disputes being adjudicated at the WTO.
The Committee held frequent Member and staff consultations
with USTR concerning ongoing negotiations, accessions to the
WTO, and ongoing disputes being adjudicated at the WTO.

9. Enforcement

Actions taken
On March 31, 2015, the United States Trade Representative
sent a letter to the Committee transmitting the 30th annual
National Trade Estimate Report on Foreign Trade Barriers.
On April 14, 2015, the United States International Trade
Commission sent the Committee its investigatory report entitled
Rice: Global Competitiveness of the U.S. Industry, under
section 332(g) of the Tariff Act of 1930, which was requested
by the Committee.
H.R. 1907, the ``Trade Facilitation and Trade Enforcement
Act of 2015,'' was introduced on April 21, 2015, by then-Trade
Subcommittee Chairman Pat Tiberi and Representatives Kevin
Brady and Charles Boustany. The Committee considered H.R. 1907
on April 23, 2015 and ordered the bill, as amended, favorably
reported by voice vote (with a quorum being present). The House
then passed H.R. 644, which was amended to include provisions
from H.R. 1907, by a recorded vote of 240-190. On June 24, the
Senate passed the bill and requested a conference committee to
resolve differences with the House. On December 1, the House
followed suit by a recorded vote of 252-170. The Conference
Committee met on December 7 and filed its conference report on
December 9 (H. Rept. 114-376). On December 11, the House agreed
to the conference report by a recorded vote of 256-158. On
February 11, 2016, the Senate agreed to the conference report
by a recorded vote of 75-20. On February 24, the bill was
signed into law and became Public Law No. 114-125.
On April 30, 2015, the United States Trade Representative
sent a letter to the Committee containing the Administration's
annual Special 301 Report, pursuant to the Trade Act of 1974.
On June 19, 2015, the Committee received from the United
States Trade Representative its 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 29, 2015, the Department of Agriculture sent a
letter to the Committee regarding the trade barriers to U.S.
poultry from various countries, related to the ongoing
outbreaks of highly pathogenic avian influence (HPAI) in
several states.
On September 22, 2015, the International Trade Commission
sent the Committee on Ways and Means a report on trade and
investment policies in India from 2014-2015, which was
requested by the Committee on September 24, 2014.
On December 15, 2015, the Commerce Department sent a letter
to the Committee containing the Administration's strategy to
address concerns of the Congress regarding whether dispute
settlement panels and the Appellate Body of the WTO have added
to obligations, or diminished rights of the United States, as
required by section 106(b)(5) of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015.
On December 15, 2015, the Commerce Department sent to the
Committee its Semiannual Softwood Lumber Subsidies Report,
pursuant to section 809(b) of title VII of the Tariff Act of
1930.
On December 19, 2015, the United State Trade Representative
sent to the Committee its 2015 Report on the Implementation and
Enforcement of Russia's WTO Commitments, pursuant to section
201(a) of the Russia and Moldova Jackson-Vanik Repeal and
Sergei Magnitsky Rule of Law Accountability Act of 2012.
On December 23, 2015, the United State Trade Representative
sent to the Committee its 2015 Report on China's WTO
Compliance, pursuant to section 421 of the U.S.-China Relations
Act of 2000.
On February 24, 2016, the Committee sent a letter to the
U.S. International Trade Commission requesting information on
relevant factors affecting the global competitiveness of the
U.S. aluminum industry, pursuant to section 332(g) of the
Tariff Act of 1930.
On March 31, 2016, the United States Trade Representative
sent to the Committee its 31st annual National Trade Estimate
Report on Foreign Trade Barriers.
On May 13, 2016, Representative William Keating, along with
19 cosponsors, introduced H.R. 2285, the ``Prevent Trafficking
in Cultural Property Act,'' to improve the enforcement against
trafficking in cultural property and prevent stolen or illicit
cultural property from financing terrorist and criminal
networks. On September 14, the Committee on Ways and Means
considered the bill and ordered it reported, as amended, by
voice vote. On September 22, the House voted to suspend the
rules and pass the bill, as amended, by a vote of 415-0. There
was no further action.
On April 27, 2016, the United States Trade Representative
sent to the Committee its Special 301 report, pursuant to the
Trade Act of 1975, concerning intellectual property protection.
On April 29, 2016, the Department of the Treasury sent the
Committee a report on the foreign exchange policies of major
U.S. trading partners, pursuant to section 3005 of the Omnibus
Trade and Competitiveness Act of 1988 and the Trade
Facilitation and Enforcement Act of 2015.
On April 29, 2016, the Inspector General for the Treasury
Department sent a letter to the Committee noting that it will
not meet two of the statutory reporting requirements set forth
in the Trade Facilitation and Enforcement Act of 2015.
On July 29, 2016, the Department of State sent a letter to
the Committee containing a report on the 2015 performance of
the United States Kimberley Process Authority concerning the
flow of conflict diamonds and the implementation of the Clean
Diamond Trade Act. On August 9, 2016, the State Department sent
a report on the rough diamond export control measures of
participating countries for 2015, pursuant to section 12 of the
Clean Diamond Trade Act.
On August 17, 2016, Chairman Kevin Brady, together with
Ranking Member Sander Levin, sent a letter to Secretary of the
Treasury Jacob Lew and United States Trade Representative
Ambassador Michael Froman expressing concern regarding the
European Union's new insurance regulations, the Solvency II
Directive. On December 1, 2016, the Department of Treasury sent
a letter in response.
On September 27, 2016, the Trade Subcommittee held a
hearing entitled ``Effective Enforcement of U.S. Trade Laws.''
The purpose of the hearing was to focus on U.S. Customs and
Border Protection's enforcement of U.S. trade laws and the
implementation of the Trade Facilitation and Trade Enforcement
Act of 2015. Testimony was received from Commissioner R. Gil
Kerlikowske, U.S. Customs and Border Protection.
On October 12, 2016, the Customs and Border Protection sent
the Committee its 2016 antidumping and countervailing duty
enforcement actions and collections report, pursuant to Senate
Report 116-68 accompanying Fiscal Year 2015 Department of
Homeland Security Appropriations Act (P.L. 114-113) and section
691(a) of the North American Free Trade Agreement
Implementation Act.
On October 14, 2016, the Department of the Treasury sent
the Committee a report on the foreign exchange policies of
major U.S. trading partners, pursuant to section 3005 of the
Omnibus Trade and Competitiveness Act of 1988 and the Trade
Facilitation and Enforcement Act of 2015.

10. Role of Trade in U.S. Job Creation

Action taken
On January 13, 2015, the Committee held a hearing on the
state of the U.S. economy and polices that can promote job
creation and economic growth. The Committee heard testimony
from Martin Feldstein, Douglas Holtz-Eakin, and Simon Johnson,
which included discussion about the importance of international
trade for promoting job creation and economic growth.
On February 3, 2015, the Committee held a hearing on the
U.S. trade agenda with Ambassador Michael Froman, United States
Trade Representative. The Committee heard testimony about the
importance of trade for U.S. economic growth and job creation.
On April 22, 2015, the Committee held a hearing on
expanding American trade with accountability and transparency
with Treasury Secretary Jack Lew, Agriculture Secretary Tom
Vilsack, and Commerce Secretary Penny Pritzker, which included
an extensive discussion of the role of international trade in
job creation.
On February 2, 2016, the Committee held a hearing entitled
``Reaching America's Potential: Delivering Growth and
Opportunity for All Americans.'' The purpose of the hearing was
to focus on reaching America's potential through pro-growth
policies that deliver opportunities for all Americans.
Testimony was received from (i) Douglas Holtz-Eakin,
President--American Action Forum, (ii) Kevin Hassett, Director
of Economic Policy Studies--American Enterprise Institute,
(iii) Jared Bernstein, Senior Fellow--Center on Budget and
Policy Priorities, (iv) Stephen Moore, Distinguished Visiting
Fellow, Institute for Economic Freedom and Opportunity--The
Heritage Foundation.
On April 14, 2016, the Trade Subcommittee held a hearing
entitled the ``The Miscellaneous Tariff Bill: Helping U.S.
Manufacturers through Tax Cuts.'' The purpose of the hearing
was to focus on the U.S. manufacturing and economic benefits,
including U.S. job creation, of providing temporary tariff
relief on imported finished goods and raw materials not
produced in the United States and the goal of establishing a
process in the House for consideration of such legislation in a
manner that is consistent with House Rules and related
guidance. Testimony was received from (i) Leib Oehmig,
President and Chief Operating Officer--Glen Raven, Inc., (ii)
Dawn Grove, Corporate Counsel--Karsten Manufacturing
Corporation, (iii) Brooke DiDomenico, Production Manager--
Nation Ford Chemical, and (iv) Matthew Schreiner, Global Leader
for GORE-TEX Footwear Innovation--W.L. Gore & Associates.
On April 13, Chairman Kevin Brady, Ranking Member Sander
Levin, Trade Subcommittee Chairman Dave Reichert, and Trade
Subcommittee Ranking Member Charles Rangel, along with 58
cosponsors, introduced H.R. 4923, the ``American Manufacturing
Competitiveness Act of 2016,'' to establish a process for the
submission and consideration for petitions for temporary duty
suspensions and reductions in coordination with the
International Trade Commission. On April 20, the Committee
considered the legislation and ordered it to be reported, as
amended, by voice vote. On April 27, the House passed H.R.
4923, as amended, by a vote of 415-2. On May 10, the Senate
passed the bill without amendment by unanimous consent. On May
20, the bill was signed into law and became Public Law No. 114-
159.
On May 18, 2016, the International Trade Commission
submitted a report to the Committee entitled ``Likely Impact of
the Trans-Pacific Partnership (TPP) Agreement,'' as required by
the terms of Trade Promotion Authority.
On June 14, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Agriculture Trade and Eliminating
Barriers to U.S. Exports.'' The purpose of the hearing was to
focus on how high-standard and ambitious trade agreements that
are thoroughly implemented and fully enforced can open much-
needed markets to U.S. agriculture exports and that benefit
rural and urban America, creating jobs. Testimony was received
from (i) Kevin Paap, President Minnesota Farm Bureau; Chair--
American Farm Bureau Federation Trade Advisory Committee, (ii)
Randy Mooney, Chairman--National Milk Producers Federation,
(iii) John Weber, President--National Pork Producers Council,
(iv) Dale Foreman, Chairman--Foreman Fruit Company, and (v)
Heather McClung, Co-Owner--Schooner EXACT Brewing Company;
President, Washington Brewers Guild.
As required by the terms of Trade Promotion Authority, the
International Trade Commission issued on June 29, 2016, a
report on the economic impact on the United States of all trade
agreements with respect to which Congress has enacted an
implementing bill under trade authorities procedures since
1984, which included an assessment of trade agreements on job
creation.
On July 13, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Digital Trade and Eliminating
Barriers to U.S. Digital Exports.'' The purpose of the hearing
was to focus on how high-standard and ambitious digital trade
provision in U.S. trade agreements can, if thoroughly
implemented and full enforced, open markets to U.S. exports,
benefit U.S. businesses of all sizes that rely on digital trade
to enable sales of goods and services, and create jobs.
Testimony was received by (i) Robert Atkinson, President--
Information Technology and Innovation Foundation, (ii)
Christopher A. Padilla, Vice President--Government and
Regulatory Affairs, IBM Corporation, (iii) Michael M.
Beckerman, President and CEO--Internet Association, (iv) Kavita
Shukla, Founder and CEO--Fenugreen LLC, and (v) Usman Ahmed,
Head of Global Public Policy--PayPal Inc.

Trade Sanctions

Actions taken

a) Iran and Syria

On January 30, 2015, the State Department sent a letter to
the Committee notifying the Secretary's decision to waive
certain sanctions pursuant to sections 1244(C)(1), 1246(a)(1),
and 1247(a) of the Iran Freedom and Counter-Proliferation Act
of 2012 (IFCA).
On March 26, 2015, the State Department send a letter to
the Committee notifying the Secretary's decision to exercise
limited waivers with regard to Iran, pursuant to the National
Defense Authorization Act for FY 2012 (FY 2012 NDAA), and allow
financial institutions in China, India, Japan, Republic of
Korea, Switzerland, Taiwan, and Turkey to facilitate Iran's
access to accounts abroad.
On April 13, 2015, the State Department sent a letter to
the Committee transmitting a list of individuals and entities
determined by the Secretary of the Treasury to meet the
criteria in Sections 105(b) and 105B(b) of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010
(CISADA).
On May 15, 2015, the State Department sent a letter to the
Committee notifying the Secretary's exercise of waivers of
certain sanctions with respect to Iran pursuant to the IFCA.
On May 15, 2015, the Department of the Treasury sent the
Committee its report containing a list of individuals
identified by the Secretary who directly provide financial
messaging services to the Central Bank of Iran, or other
financial institutions described in CISADA, and an assessment
of the status of efforts by the Secretary to combat such
actions.
On May 15, 2015, the Department of the Treasury sent the
Committee its report identifying the operators of vessels and
other persons who conduct or facilitate significant financial
transactions with persons who manage ports in Iran that are
under sanction.
On May 15, 2015, the Department of the Treasury sent the
Committee its report identifying foreign persons who knowingly:
(a) materially assist, sponsor, or provide, financial,
material, or technological support for, or goods or services in
support of, the IRGC, (b) engage in a significant transaction
or transactions with the IRGC, or (c) engage in a significant
transaction or transactions with a person subject to United
Nations Security Council Resolutions 1737, 1803, or 1929
economic sanctions.
On July 2, 2015, the State Department sent a letter to the
Committee regarding the Secretary's exercise of limited waivers
under section 1245(d)(5) of the FY 2012 NDAA for sanctions
under section 1245(d)(1) of the NDAA.
On September 3, 2015, the State Department sent to the
Committee its report on global trade relating to Iran in 2014,
pursuant to section 10(d) of the Iran Sanctions Act of 1996
(ISA).
On October 16, 2015, the State Department sent to the
Committee its report identifying organizations and other
entities of which Iran is a member and which received
contributions from the U.S. government in FY 2014 pursuant to
section 506 of the Iran Threat Reduction and Syria Human Rights
Act of 2012 (TSA).
On October 18, 2015, the State Department sent a letter to
the Committee regarding the Secretary's exercise of waivers on
certain sanctions with respect to the IFCA, ISA, and the FY
2012 NDAA.
On November 4, 2015, the State Department sent a letter to
the Committee conveying that Dettin S.p.A. is no longer engaged
in sanctionable conduct and will be granted sanctions relief
pursuant to section 9(b)(2) of the ISA.
On December 16, 2015, the State Department sent a letter to
the Committee regarding the certification relation to the Joint
Comprehensive Plan of Action (JCPOA) between the P5+1, the
European Union, and Iran, pursuant to section 135(d)(6) of the
Atomic Energy Act of 1954 (AEA) as amended by the Iran Nuclear
Agreement Review Act of 2015.
On January 28, 2016, the State Department sent a letter to
the Committee regarding exceptions to the prohibition on
imports and exports to and from Iran, pursuant to the CISADA.
On February 3, 2016, the State Department sent a letter to
the Committee regarding the Secretary's exercise of waivers on
certain sanctions with respect to the IFCA, the ISA, and the FY
2012 NDAA.
On June 13, 2016, the Treasury Department submitted to the
Committee the Department's quarterly report for July 1-
September 30, 2014, pursuant to section 906(b) of the Trade
Sanctions Reform and Export Enhancement Act of 2000 concerning
Iran and Syria.
On June 13, 2016, the State Department sent a letter to the
Committee to notify that the Secretary of State exercised
waivers for certain specific sanctions against Iran under IFCA,
ISA, TRA, and FY 2012 NDAA. On the same date, the State
Department sent a letter to the Committee to confirm that Iran
is fully implementing the Joint Comprehensive Plan of Action
and that sanctions will be suspended, pursuant to section
135(d)(6) of the Atomic Energy Act of 1954, as amended by the
Iran Nuclear Agreement Review Act of 2015.
On July 22, 2016, the State Department sent to the
Committee its waiver determinations for certain IFCA sanctions.
On September 9, 2016, the State Department sent to the
Committee its annual report on global trade in 2015 relating to
Iran, pursuant to Section 10(d) of the ISA, as amended.
On September 12, 2016, the Department of the Treasury sent
three reports to the Committee, each covering a different
quarter for the first three quarters of 2015. The reports were
mandated under the Trade Sanctions Reform and Export
Enhancement Act of 2000 on the activities taken by the
Department with respect to the exportation of agricultural
commodities, medicine, and medical devices to Iran and Sudan.
On September 30, 2016, the State Department sent to the
Committee its list of organizations and other entities of which
Iran is a member and which received contributions from the U.S.
Government in FY 2015, as detailed in the FY 2017 Congressional
Budget Justification, Department of State, Foreign Operations,
and Related Programs and the FY 2014 Annual Report to Congress
on U.S. Contributions to International Organizations.
On October 13, 2016, the State Department sent to the
Committee its waiver determinations for certain IFCA, ISA, TRA,
and FY 2012 NDAA sanctions.
On November 17, 2016, the State Department sent to the
Committee its report Iran-Related multilateral sanctions regime
efforts.
On December 7, 2016, the State Department sent to the
Committee its list of individuals and entities that meet the
criteria in Sections 105(b) and 105B(b) of CISADA.

b) Burma

The Committee held frequent staff consultations with the
Administration concerning Burma sanctions.

c) North Korea

On June 9, 2016, the State Department sent the Committee
its report on actions undertaken to implement a strategy to
improve international implementation and enforcement of United
Nations North Korea-specific relations, pursuant to Section
202(d) of the North Korea Sanctions and Policy Enhancement Act
of 2016.
On July 6, 2016, the Department of State sent to the
Committee its report on censorship and human rights violations
in North Korea, pursuant to section 304(a) of the North Korea
Sanctions and Policy Enhancement Act of 2016.
On August 24, 2016, the Department of Treasury sent to the
Committee, in accordance with section 201(c)(3) of the North
Korea Sanctions and Policy Enhancement Act of 2016, information
regarding its finding that the Democratic People's Republic of
North Korea is a jurisdiction of primary money laundering
concern.

d) Cuba

The Committee held frequent staff consultations with the
Administration concerning Cuba sanctions.

e) Other

On June 1, 2015, the Department of the Treasury sent a
letter to the Committee regarding the identification of foreign
persons deemed appropriate for sanction under the Kingpin Act,
pursuant to section 804(b) of the Foreign Narcotics Kingpin
Designation Act U.S.C. 1903(b).
On July 29, 2016, the Department of State sent a letter to
the Committee containing a report on the 2015 performance of
the United States Kimberley Process Authority concerning the
flow of conflict diamonds and the implementation of the Clean
Diamond Trade Act. On August 9, 2016, the State Department sent
a report on the rough diamond export control measures of
participating countries for 2015, pursuant to section 12 of the
Clean Diamond Trade Act.

12. Implemented Trade Agreements

Actions taken
On November 23, 2015, the United State Trade Representative
sent the Committee its report on the proposed modifications to
the NAFTA rules of origin incorporated in the Harmonized Tariff
Schedule of the United States, pursuant to section 103(a) of
the North American Free Trade Agreement Implementation Act.
On June 14, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Agriculture Trade and Eliminating
Barriers to U.S. Exports.'' The purpose of the hearing was to
focus on how high-standard and ambitious trade agreements that
are thoroughly implemented and fully enforced can open much-
needed markets to U.S. agriculture exports and that benefit
rural and urban America, creating jobs. Testimony was received
from (i) Kevin Paap, President Minnesota Farm Bureau; Chair--
American Farm Bureau Federation Trade Advisory Committee, (ii)
Randy Mooney, Chairman--National Milk Producers Federation,
(iii) John Weber, President--National Pork Producers Council,
(iv) Dale Foreman, Chairman--Foreman Fruit Company, and (v)
Heather McClung, Co-Owner--Schooner EXACT Brewing Company;
President, Washington Brewers Guild.
As required by the terms of Trade Promotion Authority, the
International Trade Commission issued on June 29, 2016, a
report on the economic impact on the United States of all trade
agreements with respect to which Congress has enacted an
implementing bill under trade authorities procedures since
1984.
On July 13, 2016, the Trade Subcommittee held a hearing
entitled ``Expanding U.S. Digital Trade and Eliminating
Barriers to U.S. Digital Exports.'' The purpose of the hearing
was to focus on how high-standard and ambitious digital trade
provision in U.S. trade agreements can, if thoroughly
implemented and fully enforced, open markets to U.S. exports,
benefit U.S. businesses of all sizes that rely on digital trade
to enable sales of goods and services, and create jobs.
Testimony was received by (i) Robert Atkinson, President--
Information Technology and Innovation Foundation, (ii)
Christopher A. Padilla, Vice President--Government and
Regulatory Affairs, IBM Corporation, (iii) Michael M.
Beckerman, President and CEO--Internet Association, (iv) Kavita
Shukla, Founder and CEO--Fenugreen LLC, and (v) Usman Ahmed,
Head of Global Public Policy--PayPal Inc.
On June 14, 2016, the U.S. Trade Representative sent to the
Committee its report regarding proposed modifications to the
CAFTA-DR rules of origin, concerning chemical products, PVC and
other plastics, gaming machines, and fishing lures.

13. Trade Adjustment Assistance

Actions taken
On April 17, 2015, Chairman Reichert, along with
Representatives Reed and Meehan, introduced H.R. 1892, the
``Trade Adjustment Assistance Reauthorization Act of 2015.''
The Committee voted to order the bill reported, as amended,
without recommendation, by voice vote on May 8. On June 12, the
House considered the House amendment to the Senate amendment to
H.R. 1314, which contained in Title II the provisions of H.R.
1892, through a divided question as provided in the rule. The
House defeated the legislation regarding TAA by a recorded vote
of 126-302.
The provisions of H.R. 1892 were then included in the
Senate amendment to H.R. 1295, which the Senate passed on June
24 by voice vote. On June 25, the House agreed to the Senate
amendment to H.R. 1295 by a recorded vote of 286-138. The bill
was signed into law on June 29 and became Public Law No. 114-
27.
On July 7, 2015, the Department of Labor sent to the
Committee its annual report on the Trade Adjustment Assistance
(TAA) for Workers Program Fiscal Year 2014, pursuant to section
249B(d) of the Trade Act of 1974. On June 6, 2016, the
Department of Labor sent the report for Fiscal Year 2015.
On July 22, 2016, the Secretary of Commerce sent to the
Committee its annual report on the activities of the Trade
Adjustment Assistance for Firms program for FY15, pursuant to
section 255A of the Trade Act of 1974.

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

Actions taken
On January 21, 2015, the Committee met with Ambassador
Froman, the U.S. Trade Representative, to discuss trade
negotiations and trade promotion authority.
On January 27, 2015, the Committee held a hearing on the
``U.S. Trade Policy Agenda.'' The purpose of the hearing was to
focus on how the U.S. trade policy agenda fosters economic
growth and job creation. Testimony was received from Ambassador
Michael Froman, United States Trade Representative.
On February 3, 2015, the Committee held a hearing on the
U.S. trade agenda with Ambassador Michael Froman, United States
Trade Representative.
On July 21, 2015, the House Advisory Group on Negotiations
met as required by the provisions of trade promotion authority
legislation within 60 days of enactment of TPA. Ambassador
Froman participated in the meeting.
On September 24, 2015, the Committee held a bipartisan
meeting with Ambassador Froman to discuss the trade agenda.
On September 25, 2015, the House Advisory Group on
Negotiations met with Ambassador Froman to discuss the trade
agenda.
On October 27, 2015, USTR issued the Guidelines for
Consultation and Engagement issued under the requirements of
Trade Promotion Authority.
Throughout the 114th Congress, the Committee met
extensively with USTR on the trade agenda, trade negotiations,
and the operation of USTR.

15. Priorities of the United States International Trade Commission

Actions taken
On April 7, 2015, the United States International Trade
Commission sent to the Committee its annual No Fear Act report
for FY 2014.
On February 24, 2016, the Committee sent a letter to the
U.S. International Trade Commission requesting information on
relevant factors affecting the global competitiveness of the
U.S. aluminum industry, pursuant to section 332(g) of the
Tariff Act of 1930.
On April 27, 2016, Chairman Brady and Ranking Member Levin
sent a letter to the U.S. General Services Administration
concerning the USITC building lease. On June 22, the
International Trade Commission sent a letter to Chairman Brady
and Ranking Member Levin regarding the USTIC's request
concerning its lease.
On September 9, 2016, the International Trade Commission
sent a letter to the Committee requesting a supplemental
appropriation to enable its implementation of the American
Manufacturing Competitiveness Act of 2016. Since enactment of
that legislation, the Committee consulted heavily with the
USITC concerning implementation and resources.
On October 20, 2016, the International Trade Commission
sent to the Committee its report on recent trends in U.S.
services trade.
On October 24, 2016, the International Trade Commission
sent to the Committee its report on Nepal, providing advice
concerning whether certain textile and apparel articles are
import sensitive.
On November 15, 2016, the International Trade Commission
sent to the Committee its annual FY 2016 Agency Financial
Report for the USITC.
On November 30, 2016, the International Trade Commission
sent to the Committee its Inspector General semiannual report.

SUBCOMMITTEE ON HUMAN RESOURCES

1. Review Possible Reforms to the Current Welfare State

Actions taken

Full Committee Hearings

On May 24, 2016, the Ways and Means Committee received
testimony on how the welfare system can better help more low-
income American families move out of poverty and up the
economic ladder from: (i) The Honorable John Engler, former
governor of Michigan, President, Business Roundtable; (ii)
Karin VanZant, Executive Director, Life Services, CareSource;
(iii) Olivia Golden, Executive Director, Center for Law and
Social Policy; and (iv) Tarren Bragdon, President and Chief
Executive Officer, Foundation for Government Accountability.

Subcommittee Hearings

2. Provide Oversight to the Nation's Unemployment Compensation Benefits
and Employment Security Systems

Actions taken

Subcommittee Hearings

3. Provide Oversight of the Nation's Child Welfare Programs

Action taken

Subcommittee Hearings

On May 18, 2016, the Subcommittee on Human Resources
received testimony on state efforts to better use data to
identify and serve children most at risk of abuse and neglect
due to parental substance abuse and the impact of the substance
abuse epidemic on the child welfare system from: (i) The
Honorable Tom Marino, Tenth District of Pennsylvania, United
States House of Representatives; (ii) The Honorable Karen Bass,
Thirty-Seventh District of California, United States House of
Representatives; (iii) Tina Willauer, Director, Sobriety
Treatment and Recovery Team, Department for Community Based
Services, Kentucky (iv) Hector Glynn, Vice President of
Programs, The Village for Families and Children; (v) Katherine
Barillas, Director, Child Welfare Policy, One Voice Texas; and
(vi) Bryan Lindert, Senior Director of Quality Management,
Eckerd Youth Alternatives, Inc.

4. Human Resources Oversight Letters

Actions taken
1. Letter to GAO Regarding Program Costs for Households
with Multiple Supplemental Security Income (SSI)
Recipients
On February 27, 2015, the Ways and Means Subcommittee on
Human Resources Chairman Charles W. Boustany, Jr., sent a
letter to GAO Comptroller General Gene Dodaro, requesting an
analysis of program costs for households with multiple SSI
recipients.
2. Letter to GAO Regarding the Social Security
Administration's (SSA) Approaches to Promote
Employment Among Youth SSI Recipients
On February 27, 2015, the Ways and Means Subcommittee on
Human Resources Chairman Charles W. Boustany, Jr., sent a
letter to GAO Comptroller General Gene Dodaro, requesting an
analysis of SSA approaches to promote employment among youth
SSI recipients.
3. Letter to GAO Regarding Head Start Employees Collecting
Unemployment Insurance Benefits (UI) During Summer
Months
On April 28, 2015, the Ways and Means Subcommittee on Human
Resources Chairman Charles W. Boustany, Jr., sent a letter to
GAO Comptroller General Gene Dodaro, requesting an analysis of
Head Start employees collecting UI benefits during the summer
months, and its effect on overall program costs.
4. Letter to GAO Regarding an Update to a 2012 Report (GAO-
12-929R), on Temporary Assistance for Needy
Families (TANF) Block Grants and Third-Party
Maintenance of Effort (MOE) Requirements
On September 29, 2015, the Subcommittee on Human Resources
Chairman Charles W. Boustany, Jr., sent a letter to GAO
Comptroller General Gene Dodaro, requesting an update to a 2012
GAO report (GAO-12-929R), regarding third-party MOE
requirements in the TANF program.
5. Letter to the IRS Regarding the Do Not Pay (DNP) Portal
and Earned Income Tax Credit (EITC) Improper
Payments
On March 23, 2016, Ways and Means Committee Chairman Kevin
Brady, along with twenty three Ways and Means Republican
Members, sent a letter to Commissioner John Koskinen of the
IRS, requesting information regarding the IRS's use of the DNP
Portal to help in identifying and preventing improper payments
within the EITC program.
6. Letter to GAO Regarding UI Reemployment Programs
On August 1, 2016, the Subcommittee on Human Resources
Chairman Vern Buchanan sent a letter to GAO Comptroller General
Gene Dodaro, requesting an analysis of state initiatives to
promote reemployment among UI beneficiaries.
7. Letter to GAO Regarding UI Improper Payment Rates and
Work Search Requirements
On August 1, 2016, the Subcommittee on Human Resources
Chairman Vern Buchanan sent a letter to GAO Comptroller General
Gene Dodaro, requesting an analysis of UI programs' improper
payment rates and the varying state policies regarding work
search requirements being implemented across the country.

SUBCOMMITTEE ON HEALTH

1. Health Oversight Letters

1. Letter to CMS to Prevent Further Cuts to the MA Program
On March 19, 2015, the Committee sent a letter to CMS
Acting Administrator urging the administration to reverse
course on its proposed changes to the Medicare Advantage (MA)
program. The cumulative effects of the Administration's
policies relating to the MA program have resulted in a roughly
10 percent cut to the program over the past several years.
2. Letter to HHS Regarding the Obama Administration's Use
of Taxpayer Dollars on PR Campaigns
On March 21, 2015, the Committee sent a letter to HHS
demanding that it provide information on the use of taxpayer
dollars on contracts promoting the Patient Protection and
Affordable Care Act through public relations campaigns,
advertisements, polling, message testing, and similar services.
Despite repeated requests and promises that materials would be
forthcoming, HHS failed to provide any information.
3. Letter Regarding Unappropriated Payments Made Under
Health Care Law
On July 8, 2015, the Committee, along with the Committee on
Energy and Commerce, sent a letter to HHS Secretary Burwell and
Treasury Secretary Lew demanding responses regarding payments
the Administration has made to insurance companies to subsidize
cost-sharing under the health care law after the Administration
requested, but did not receive, an appropriation of funding.
4. Letter Regarding Consumer Operated and Oriented Plans
(CO-OPs)
On September 30, 2015, the Committee sent a letter to CMS
Acting Administrator Andy Slavitt regarding their concern over
the lack of oversight and to request more information on the
financial solvency of CO-OPs.
5. Letter Regarding Fraud Prevention System
On October 27, 2015, the Committee sent a letter to CMS
Acting Administrator Andy Slavitt to ask for information on the
Agency's plans to update its Fraud Prevention System (FPS), a
program that uses predictive analytics and other technology to
combat waste, fraud, and abuse in the Medicare program.
6. Letter Regarding MA Employment Group Waiver Plans
(EGWPs)
On March 23, 2016, the Committee on Ways and Means, along
with the Committee on Energy and Commerce, sent a letter to CMS
Acting Administrator Andy Slavitt regarding CMS's plan to
illegally divert as much as $3.5 billion from the Treasury to
pay health insurers through the Transitional Reinsurance
Program.
7. Letter Regarding Changes to Medicare's Clinical
Laboratory Fee Schedule
On March 29, 2016, the Committee sent a letter to CMS
urging the Administration to delay changes to the Medicare
payment system for clinical laboratory tests, known as the
Clinical Laboratory Fee Schedule (CLFS).
8. Letter Regarding Mental and Behavioral Health Data
On April 22, 2016, the Committee sent a letter to CMS
Acting Administrator Andy Slavitt, pressing the agency to
collect, analyze, and publish additional data regarding the
mental and behavioral health of Medicare patients. In the
letter the Committee called on CMS to expand upon its recent
initiatives to improve data transparency so that health care
providers can better meet the needs of beneficiaries.
9. Letter Regarding Standardized Plans and Health Savings
Accounts
On April 29, 2016, the Committee on Ways and Means, along
with the Committee on Energy and Commerce, sent a letter to CMS
Acting Administrator Andy Slavitt about regulations that had
been finalized and their potential to reduce consumers' choice
of health plans. The letter expressed concern that certain
proposals could limit the choices that consumers have and block
innovation.
10. Letter Regarding Proposed Part B Drug Payment Model
On May 2, 2016, the Committee on Ways and Means, along with
Budget Committee Chairman Tom Price and Energy and Commerce
Committee Member John Shimkus, sent a letter to CMS Acting
Administrator Andy Slavitt asking the agency to withdraw the
Administration's proposed Part B Drug Payment Model. On March
8, 2016, CMS released a proposed rule modifying its
reimbursement rate for Medicare Part B drugs. The new model is
a mandatory demonstration project developed by the Center for
Medicare & Medicaid Innovation (CMMI) that would be conducted
across nearly all Primary Care Service Areas in the United
States.
11. Letter Regarding Overdue Social Security and Medicare
Trustees Report
On May 3, 2016, the Committee sent a letter to Treasury
Secretary Lew, in his capacity as Managing Trustee, asking why
these reports are overdue and when Congress can expect them.
Every year, the Board of Trustees for the Social Security and
Medicare Trust Funds are required to release reports by April 1
on the financial health of Social Security and Medicare. These
reports inform lawmakers about the financial status of these
important programs, on which millions of seniors and
individuals with disabilities rely. Unfortunately, year after
year, the Trustees fail to meet that statutory deadline and
create more unnecessary uncertainty about the future of these
programs.
12. Letter Regarding the Basic Health Program
On August 30, 2016, the Committee sent a letter to Treasury
Secretary Lew regarding the Basic Health Program (BHP).
Established under the ACA, the BHP allows states to contract
with health insurance companies to offer health coverage to
individuals with incomes between 133 and 200 percent of the
federal poverty level, who otherwise would have to purchase
insurance on the exchange. Although the ACA established the
program, it did not provide funding to the program. The letter
seeks information relating to the legal authority of the
Administration to fund the BHP program, the establishment of
the Internal Revenue Service's (IRS) payment system for making
BHP payments and any communication between Administration
entities about the program.
13. Letter Regarding Flexibilities Within MACRA
On September 6, 2016, the Committee on Ways and Means,
along with the Committee on Energy and Commerce, sent a letter
to HHS Secretary Burwell regarding the bipartisan Medicare
Access and CHIP Reauthorization Act (MACRA). The letter
highlighted the importance of a successful implementation of
MACRA so doctors and other health care providers can deliver
the quality care their patients deserve. The letter requested
that CMS consider the following flexibilities for all
practitioners: (1) simplified, streamlined, coordinated
requirements; (2) clear pathways to succeed in Merit-Based
Incentive Payment System (MIPS) or the Alternative Payment
Model (APM) tracks; (3) opportunities to move to the APM track
and flexibilities to be rewarded for meaningful delivery system
reform activities in MIPS and in the APMs; and (4) appropriate
systems ready and in place prior to January 2017 reporting.
14. Letter Regarding Concerns Over Fraudulent Medicare
Spending
On September 12, 2016, the Committee on Ways and Means,
along with the Committee on Energy and Commerce and the Senate
Finance Committee, sent a letter to CMS Acting Administrator
Andy Slavitt to express concerns about fraudulent Medicare
spending despite the Agency's recent efforts to prevent
improper payments before they are already paid. In the letter,
Members explained that CMS still relies too heavily on the
outdated ``pay and chase'' practice-paying a claim before
investigating whether it was fraudulent.
15. Letter Regarding Information on the Misuse of Taxpayer
Information
On September 21, 2016, Committee Chairman Kevin Brady,
along with House Majority Leader Kevin McCarthy and House
Majority Whip Steve Scalise, sent a letter to IRS Commissioner
John Koskinen requesting information related to a partnership
between CMS and the IRS, and their use of sensitive taxpayer
information for an ACA marketing outreach campaign. The letter
was in response to a recent CMS fact sheet entitled
``Strengthening the Marketplace by Covering Young Adults,''
which discusses the Obama Administration's plans to advertise
insurance options to individuals who previously sought
exemptions from the law's individual mandate or paid a penalty.
16. Letter Regarding Maryland CO-OP
On October 27, 2016, the Committee sent a letter to CMS and
Evergreen Health--Maryland's ACA CO--OP--regarding the
company's decision to become a for-profit health insurer to
avoid financial collapse. As one of 23 CO-OPs created under the
ACA and subsidized by taxpayer dollars, Evergreen is required
by law to meet specific requirements, including operating as a
non-profit company. In addition, Evergreen signed a $65 million
loan agreement with CMS that prohibits the company from
converting to a for-profit company.

SUBCOMMITTEE ON SOCIAL SECURITY

1. Securing the Future of Social Security

Actions Taken
On March 3, 2016, Chairman Kevin Brady and Subcommittee
Chairman Sam Johnson wrote a letter to the Director of the
Congressional Budget Office (CBO) to request that the CBO look
into the differences between their estimates of Social
Security's 75-year funding shortfall and those of the Office of
the Chief Actuary at the Social Security Administration (SSA).
The response to this letter was provided in testimony at the
September 21, 2016 hearing entitled ``Understanding Social
Security's Solvency Challenge.''
On May 3, 2016, Social Security Subcommittee Chairman Sam
Johnson and Health Subcommittee Chairman Pat Tiberi sent a
letter to Treasury Secretary Lew regarding the reports from the
Board of Trustees of the Federal Old-Age and Survivors
Insurance (OASI), Federal Disability Insurance (DI), Federal
Hospital Insurance, and Federal Supplementary Medical Insurance
Trust Funds that are due on April 1 as required by statute. The
letter asked Secretary Lew why the reports were late and when
the Committee could expect the reports. When no response from
Treasury Secretary Lew was received, another letter was sent by
the Subcommittee Chairmen on June 6, 2016 inquiring about the
reports for a second time. The reports were released on June
22, 2016.
On June 6, 2016, Chairman Kevin Brady and Subcommittee
Chairman Sam Johnson wrote a letter to the Chief Actuary of the
SSA requesting that the Office of the Chief Actuary look into
the differences between the Trustees' estimates of Social
Security's 75-year funding shortfall and those of the CBO. The
response to this letter was provided in testimony at the
September 21, 2016 hearing entitled ``Understanding Social
Security's Solvency Challenge.''
On June 22, 2016, Subcommittee Chairman Sam Johnson held a
hearing entitled ``2016 Social Security Trustees Report.'' The
findings of the 2016 Report of the Trustees of the Federal OASI
and DI Trust Funds were discussed, as well as the financial
challenges faced by the program. The Subcommittee received
testimony from Steve Goss, Chief Actuary, Social Security
Administration. Mr. Goss discussed the current financial status
of the Social Security Trust Funds, and discussed the
projections for the program. Members also noted that the
consistent failure to release the annual Trustees Report on
time is unacceptable.
On July 27, 2016 Subcommittee Chairman Sam Johnson,
Oversight and Government Reform Chairman Jason Chaffetz, and
Subcommittee on Government Operations Chairman Mark Meadows
wrote a letter to Comptroller General Gene Dodaro requesting a
review of the financial interchange between the Railroad
Retirement Board, the SSA, and the Department of Health and
Human Services. The Government Accountability Office expects to
begin work on this request in January 2017.
On September 21, 2016, Subcommittee Chairman Sam Johnson
held a hearing entitled ``Understanding Social Security's
Solvency Challenge.'' The hearing focused on the differences
between the estimates of Social Security's long-term financing
produced by the CBO and the estimates produced by the Trustees
of the Federal OASI and DI Trust Funds. The Subcommittee
received testimony from (i) Steve Goss, Chief Actuary, Social
Security Administration; and (ii) Dr. Keith Hall, Director,
Congressional Budget Office. The witnesses discussed
differences in their methods, approach, and the economic and
demographic assumptions used in developing their projections.
The Social Security Trustees and the CBO differ on a number of
important metrics, including the year the Trust Funds will be
exhausted and the size of the 75-year actuarial deficit.

2. Strengthening the Disbility Insurance (DI) Program

Action taken
On February 12, 2015, Subcommittee Chairman Sam Johnson,
together with 11 cosponsors, introduced the ``Social Security
Disability Insurance and Unemployment Benefits Double Dip
Elimination Act.'' H.R. 918 ends the ability to double dip by
receiving Disability Insurance (DI) benefits and unemployment
benefits at the same time and preserves DI benefits for only
those who truly cannot work.
On February 25, 2015, the Subcommittee received testimony
on maintaining the DI Insurance Trust Fund's solvency from (i)
Charles Blahous, Ph.D., Public Trustee, Social Security and
Medicare Boards of Trustees; (ii) Ed Lorenzen, Senior Advisor,
Committee for a Responsible Federal Budget; and (iii) Webster
Phillips, Senior Legislative Representative, National Committee
to Preserve Social Security and Medicare. Witnesses discussed
the pending exhaustion of the DI Trust Fund in 2016, at which
point program revenues would be able to pay only 81 percent of
benefits, as well as what actions previous Congresses have
taken.
On April 15, 2015, Subcommittee Chairman Sam Johnson, along
with 4 cosponsors, introduced H.R. 1800, the ``Guiding
Responsible and Improved Disability Decisions (GRIDD) Act of
2015.'' H.R. 1800 requires that the Social Security
Administration (SSA) update the 1979 medical-vocational
regulatory guidelines for determining disability by considering
new employment opportunities made possible by advances in
treatment, rehabilitation and technology, as well as
considering the true effect of prevalent languages on a
claimant's educational profile.
On April 25, 2015, Subcommittee Chairman Sam Johnson, along
with 7 cosponsors, introduced H.R. 1795, the ``Promoting
Opportunity through Informed Choice Act.'' H.R. 1795 requires
the SSA to develop online tools to help beneficiaries assess
the impact of earnings on eligibility for and benefit amounts
of State and Federal programs.
On April 30, 2015, Subcommittee Chairman Sam Johnson, along
with 4 cosponsors, introduced H.R. 2135, the ``Promoting
Opportunity for Disability Benefit Applicants Act.'' H.R. 2135
authorizes the Commissioner of Social Security to provide
denied disability applicants with information on employment
support services, both public and private non-profit, so that
they may reenter the workforce and not continue to cycle
through the application process. This would not affect
individuals as they move through the appeals process, except as
it relates to them being more likely to find employment.
On April 30, 2015, Subcommittee Chairman Sam Johnson
introduced H.R. 2136, the ``Improving the Quality of Disability
Decisions Act of 2015.'' H.R. 2136 requires the SSA to review
disability decisions by Administrative Law Judges to ensure
that the judges are following the law and Social Security's
regulation and policy. It would also require the SSA to report
the results of these quality reviews to Congress annually.
On June 5, 2015, then-Chairman Paul Ryan and Subcommittee
Chairman Sam Johnson, along with Oversight and Government
Reform Chairman Jason Chaffetz, Ranking Member Elijah Cummings,
Ways and Means Ranking Member Sander Levin, and Social Security
Subcommittee Ranking Member Xavier Becerra requested to join
requests from Senator Susan Collins and Senator Ron Johnson to
the Government Accountability Office (GAO) for a report on the
extent to which the SSA has detected individuals receiving
concurrent Federal Employees' Compensation Act (FECA) benefits
that may result in potential DI overpayments. The GAO report
was published on August 3, 2015 and found that the SSA detected
concurrent DI and FECA payments received by some, but not all
individuals who received concurrent payments. GAO recommended
that SSA review the potential overpayments identified in the
report and determine how to best strengthen SSA's internal
controls.
On June 16, 2015, the Subcommittee received testimony on
the financial risk of returning to work from (i) David A.
Weaver, Associate Commissioner, Office of Research,
Demonstration, and Employment Support, Social Security
Administration and (ii) Daniel Bertoni, Director, Education,
Workforce, and Income Security, Government Accountability
Office. Witnesses discussed the complex and frequently
overlapping work incentives that the SSA administers and how
this complexity can cause beneficiaries to be assessed
overpayments.
On July 9, 2015, the Full Committee received testimony on
promoting opportunity for Disability Insurance (DI)
beneficiaries from (i) Mike Zelley, President, The Disability
Network; (ii) James Smith, Budget and Policy Manager, Division
of Vocational Rehabilitation, Vermont Agency of Human Services;
(iii) Jill Houghton, Executive Director, US Business Leadership
Network; (iv) John Kregel, Professor of Special Education and
Disability Policy, Virginia Commonwealth University; and (v)
Paul N. Van de Water, Ph.D., Senior Fellow and Director of
Policy Futures, Center on Budget and Policy Priorities.
Witnesses discussed work disincentives in the current DI
program and ways to improve DI to better promote opportunity
for those beneficiaries who want to work.
On July 28, 2015, Subcommittee Chairman Johnson sent a
letter to the GAO requesting a review of the SSA's management
of Administrative Law Judges (ALJs). In 2015, the SSA employed
more than 1,500 ALJs to review nearly 700,000 disability cases
appealing an initial denial, with considerable variation in
allowance rates and workload between individual judges. The
letter asked the GAO to specifically focus on the policies and
procedures the SSA has in place to ensure accurate and timely
hearing decisions, and how effective the SSA is at managing ALJ
workloads, quality and productivity. This review is currently
in progress and an update is expected in early 2017.
On February 26, 2016, Subcommittee Chairman Sam Johnson
wrote a letter to the Comptroller General Gene Dodaro to
request a review of the SSA's Compassionate Allowance
initiative to speed up the process for DI applicants with
severe conditions. The GAO provided a response to the request
on March 17, 2016 and began work on the request in July 2016
and expects to complete the work in the summer of 2017.
On November 17, 2016, Subcommittee Chairman Sam Johnson
wrote a letter to Acting Inspector General Gale Stone to
request a review of Social Security hearing offices that have
high no show and postponement rates. The Acting Inspector
General provided a response on November 28, 2016 and expects to
provide a report in May 2017.

3. Stewardship of Social Security Programs

Actions taken
On February 27, 2015, Subcommittee Chairman Sam Johnson
wrote a follow-up letter to the Acting Commissioner of Social
Security Carolyn Colvin regarding a December 15, 2014 letter
requesting information about President Obama's immigration
action of November 20, 2014. The Acting Commissioner provided a
response on March 25, 2015.
On February 24, 2015, Subcommittee Chairman Sam Johnson
sent a letter to Inspector General Patrick O'Carroll requesting
a review of the SSA's anti-fraud training initiatives. In
response to Chairman Johnson's request, the OIG began a review
of the SSA's anti-fraud training initiatives on March 6, 2015.
In an audit report released on September 22, 2015, the OIG
concluded that the SSA's anti-fraud training generally utilized
both public and private sector best practices, but that the SSA
lacked baseline metrics to determine the training's effect.
On July 22, 2015, then-Chairman Paul Ryan, Social Security
Subcommittee Chairman Sam Johnson, Tax Policy Subcommittee
Chairman Charles Boustany, and Oversight Subcommittee Chairman
Peter Roskam wrote a letter to the Acting Commissioner of
Social Security Carolyn Colvin requesting a comprehensive
review of data protection efforts and additional information.
The SSA provided a response on August 14, 2015 that included
detailed information about the SSA's data security and
continuing efforts to protect the public's personal
information.
On July 28, 2015, Subcommittee Chairman Johnson and several
other Members of the Ways and Means Committee sent a letter to
Acting Commissioner of Social Security Colvin requesting
answers to several questions on the SSA's medical listing used
to determine eligibility for disability benefits based on
Huntington's Disease. The Committee received a response from
the Acting Commissioner on August 26, 2015. The SSA updated the
neurological disorder medical listing, which includes
Huntington's Disease, on September 29, 2016, for the first time
since 1979.
On September 18, 2015, Subcommittee Chairman Sam Johnson
wrote a letter to Comptroller General Gene Dodaro to request an
assessment of the extent to which the SSA has implemented a
strategic, risk-based approach to managing fraud risks in its
programs consistent with the Government Accountability Office's
(GAO) Fraud Risk Management Framework. The GAO expects to
provide a report in April 2017.
On December 9, 2015, Chairman Kevin Brady, Ranking Member
Sander Levin, Senate Finance Committee Chairman Orrin Hatch and
Ranking Member Ron Wyden wrote a letter to the Acting
Commissioner of Social Security Carolyn Colvin to clarify the
interpretation of Section 831 of H.R. 1314, the ``Bipartisan
Budget Act of 2015'' to ensure that entitlement to benefits as
a divorced spouse is independent of the entitlement of the
worker.
On February 3, 2016, Chairman Sam Johnson wrote a letter to
Acting Commissioner of Social Security Carolyn Colvin to
inquire about a statutorily required report from the SSA on
Cooperative Disability Investigation Units that was not
received by the Committee by the February 1 deadline. The
report was received by the Committee on February 3, 2016.
On March 22, 2016, Subcommittee Chairman Sam Johnson held a
hearing entitled, ``Social Security and Public Servants:
Ensuring Equal Treatment.'' The hearing focused on two
provisions that affect Social Security benefits for teachers,
fire fighters, police officers, and other public servants: The
Windfall Elimination Provision (WEP) and Government Pension
Offset (GPO). The witnesses discussed the way the WEP changes
the formula used to calculate Social Security benefits for
individuals with earnings from jobs where they paid Social
Security taxes and jobs where they did not. There was broad
agreement that there were problems with the current WEP
formula. The WEP was designed to maintain the progressivity of
Social Security benefits, but in practice the WEP
disproportionately affects lower earners. The GPO is designed
to prevent a spouse or widow from receiving a Social Security
dependent benefit and a full government pension at the same
time. There was broad agreement among the witnesses that the
intention behind WEP and the GPO should remain, but that the
formulas should be corrected to maintain the progressivity of
Social Security benefits and to treat all workers fairly.
On April 7, 2016, Subcommittee Chairman Sam Johnson was
added as a co-requester of a GAO report on the federal
government's effort to reduce its reliance on Social Security
Numbers. This review was originally requested by Chairman
Chaffetz of the House Committee on Oversight and Government
Reform. The GAO expects this report to be completed in June
2017.
On May 18, 2016, Subcommittee Chairman Sam Johnson held a
hearing entitled ``Protecting Social Security from Waste,
Fraud, and Abuse.'' The Subcommittee received testimony from
Patrick P. O'Carroll, Inspector General, Social Security
Administration. At the hearing, the Inspector General discussed
the current and future challenges facing the SSA in regards to
waste, fraud, and abuse. Mr. O'Carroll focused on SSA's
strategic planning, management of the representative payee
program, information technology, and efforts to fight fraud
using the tools provided in the Bipartisan Budget Act of 2015.
Mr. O'Carroll also discussed the need for a detailed plan for
IT modernization at the SSA considering the past failure of the
SSA's development of the DCPS due to a lack of planning and
poor oversight. Improvements in SSA's strategic planning after
the latest plan, Vision 2025, had no concrete goals or
implementation strategy. Finally, Mr. O'Carroll discussed the
importance of increasing efficiency in response to increasing
workloads in order to better serve beneficiaries while ensuring
proper stewardship of taxpayer dollars.
On June 17, 2016, Subcommittee on Social Security Chairman
Sam Johnson wrote a letter to Acting Commissioner of Social
Security Carolyn Colvin to request the SSA to conduct a study
to determine the amount of fraud and abuse in its disability
programs. The SSA provided a response to the request on August
4, 2016 and requested that the Office of the Inspector General
(OIG) conduct the study. The study is pending an agreement
between the SSA and OIG.
On September 2, 2016, Subcommittee Chairman Sam Johnson
sent a letter to the Acting Commissioner of Social Security
Carolyn Colvin regarding issues identified by the OIG in the
representative payee program. The OIG found that individuals
who required a representative payee to manage their finances
were also being allowed to serve as representative payees for
other beneficiaries. Beneficiaries with representatives are
among the most vulnerable recipients of Social Security
benefits, and this raises serious questions about the program.
Chairman Johnson requested additional information about the
suitability determination process and how a situation like this
could be allowed to occur. The SSA acknowledged receipt of the
letter on September 15, 2016, but has not provided a
substantive response to Chairman Johnson's request for
information.

4. Deployment of Resources

Actions taken
On February 13, 2015, Subcommittee Chairman Sam Johnson
sent a letter to the Inspector General of the Social Security
Administration (SSA), Patrick P. O'Carroll, requesting that the
Office of Inspector General (OIG) provide the Subcommittee with
regular reports on the status of the SSA's development of its
Disability Case Processing System (DCPS). This ongoing request
has generated three reports on DCPS, ``The Social Security
Administration's Analysis of Alternatives for the Disability
Case Processing System,'' and ``Costs Incurred in Developing
the Disability Case Processing System'' and ``Progress in
Developing DCPS as of November, 2016''. The first report found
that the SSA did not fully evaluate all potential alternatives
to the development of DCPS, including the option of
discontinuation, all efforts and maintaining existing legacy
systems. The second report found the SSA's reported costs of
$365 million for the development of DCPS over the eight-year
period ending on September 30, 2015 to be reasonably accurate.
The third report found that DCPS2 was envisioned to have
efficiency and costs benefits for SSA, but that SSA should
develop additional costs estimates for the full scope of the
project.
On May 20, 2015, Subcommittee Chairman Sam Johnson wrote a
letter to Acting Commissioner of Social Security Carolyn Colvin
requesting additional information of the SSA's long term plan
outlined in Vision 2025. The SSA provided a response on June
18, 2015.
On August 14, 2015, Subcommittee Chairman Sam Johnson wrote
a letter to Comptroller General Gene Dodaro to request a study
of all Social Security facilities and determine whether the
SSA's current infrastructure is an efficient use of taxpayer
funds. The GAO expects to provide a report in May 2017.
On July 21, 2015, then-Chairman Paul Ryan and Subcommittee
Chairman Sam Johnson, along with 17 other Members of Congress,
wrote a letter to the Acting Commissioner of Social Security
Carolyn Colvin expressing concern about a policy to provide the
names of Social Security beneficiaries who have a
representative payee to the National Instant Criminal
Background Check System (NICS), potentially limiting Social
Security beneficiaries' constitutional rights. The SSA provided
a response on August 7, 2015 in which the SSA said they had not
provided any names of beneficiaries to the NICS and were not
considering sending names based solely on the beneficiaries'
having representative payees. The SSA also said they were
determining how they must comply with Federal law.
On May 2, 2016, Subcommittee Chairman Sam Johnson and
Senator Mike Crapo sent a letter to Inspector General Patrick
P. O'Carroll requesting a review of the NICS and how this
system interacts with representative payee determinations. In
May 2016, the SSA issued a notice of proposed rulemaking that
outlined their suggested criteria for referring an individual's
name to the NICS. These criteria included the need for a
representative payee. The Institute of Medicine raised
questions about the reliability and validity of the SSA's
process for determining whether an individual needs a
representative payee. Chairman Johnson and Senator Crapo asked
how SSA was using taxpayer funds to determine whether an
individual should be reported to the NICS. On September 28,
2016, the OIG provided detailed responses to Chairman Johnson
and Senator Crapo's questions.
On May 18, 2016, Chairman Sam Johnson wrote a letter to
Acting Commissioner of Social Security Carolyn Colvin regarding
materials created by McKinsey & Company's work as a contractor
on DCPS. Chairman Johnson requested a copy of all materials
produced by McKinsey & Company or by any other contractor on
DCPS within one week of submission, as was requested in a
December 12, 2014 letter.
On June 14, 2016, Subcommittee Chairman Sam Johnson wrote a
letter to the Acting Commissioner of Social Security Carolyn
Colvin to request copies of the Report and Implementation Plan
and the subsequent reports regarding the NICS and expressing
concern about the SSA's reporting certain beneficiaries to the
NICS and limiting these individuals' Constitutional rights.
On July 14, 2016, Subcommittee Chairman Sam Johnson held a
hearing entitled ``Modernizing Social Security's Information
Technology (IT) Infrastructure.'' Experts weighed in on the
current state of the SSA's IT infrastructure, the SSA's IT
modernization plan, and best practices for IT modernization,
including agile software development. The Subcommittee received
testimony from (i) Robert Klopp, Deputy Commissioner, Chief
Information Officer, Social Security Administration; (ii)
Richard E. Warsinskey, President, National Council of Social
Security Management Associations; (iii) Kimberly Byrd, Deputy
Assistant Inspector General for Audit, Financial Systems and
Operations Audits, Office of the Inspector General, Social
Security Administration; (iv) Valerie Melvin, Director,
Information Management and Technology Resources Issues,
Government Accountability Office; and (v) William Hayes,
Principal Engineer, Software Engineering Institute, Carnegie
Mellon University. The witnesses highlighted the need for
updated IT systems to provide employees at the SSA the
necessary tools for improved service delivery, the increased
cost of delaying updates, and the oversight challenges
associated with iterative software development such as Agile.
On September 13, 2016, Chairman Kevin Brady, Subcommittee
on Social Security Chairman Sam Johnson, Subcommittee on Human
Resources Chairman Vern Buchanan, Subcommittee on Tax Policy
Chairman Charles Boustany, Subcommittee on Oversight Chairman
Peter Roskam, Congressman Mike Kelly, Congressman Jim Renacci,
and Congressman Tom Rice sent a letter to Acting Commissioner
of Social Security Carolyn Colvin requesting more information
about the early delivery of checks to Social Security
beneficiaries during hurricane season. The SSA responded with
the requested information on November 8, 2016.
On November 17, 2016, Subcommittee Chairman Sam Johnson
wrote a letter to Acting Inspector General Gale Stone to
request a review of the SSA's nationwide telework pilot. The
Acting Inspector General provided a response on November 23,
2016 and expects to provide a report in April 2017.
On December 2, 2016, Subcommittee Chairman Sam Johnson
wrote a letter to Acting Commissioner of Social Security
Carolyn Colvin to request additional information on the DCPS in
light of further delays and reduced functionality in the system
brought to the attention of the Committee by a report from the
OIG. The Committee has not received a response to this request.
On December 6, 2016, Subcommittee Chairman Sam Johnson
wrote a letter to Acting Commissioner of Social Security
Carolyn Colvin to request information about why the SSA moved
forward with the ``Implementation of the NICS Improvement
Amendments Act of 2007'' final rule, despite a documented
request from Congressional leadership to not proceed with
further rulemaking.

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 to
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 Session, 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 114TH 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)
------------------------------------------------------------------------
114th Congress:
H. Res. 340, Mr. Boustany.......... On June 18, 2015, the Senate
June 25, 2015 passed H.R. 1735, the
``National Defense
Authorization Act for Fiscal
Year 2016'' with an amendment.
The Senate amendment would
have changed the tax treatment
of the Military Retirement
Fund (``MRF'') and made it a
qualifying trust under Section
401(a) of the Internal Revenue
Code. The proposed change in
the tax treatment of the MRF
constituted a revenue measure
in the constitutional sense
because it would have a direct
impact on Federal revenues
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. H6731]

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. H7708]

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. H4593]

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. H4531]

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. H11412]

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. H4692]

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. H4692]

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. H6662]

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. H6621]

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. H6622]

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. H6610]

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. H6620]

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. H9236]

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. H5539-40]

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. H5311]

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. H5310]

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. H5310]

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.
H9189]

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. H6418]

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. H5489]

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. H3762]

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. H9407]

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 of assess the
manufacturer's excise tax on sporting goods. The point of order
specifically stated that the term ``tax'' and ``tariff'' under
House Rule XXI, Clause 5(b), included provisions such as these
contained in the amendment which would result less revenue
spent than under the operation of existing law. The point of
order was conceded and sustained. [98-2, p. H9395-9396]

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. H8717]

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.
H7244]

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. Statistical Review of the Activities of the Committee on
Ways and Means

A. Number of Bills and Resolutions Referred to the Committee

During the 114th Congress, through December 14, 2016, a
total of 1,559 bills were referred to the Committee,
representing 23.9 percent of all the public bills introduced in
the House of Representatives.
The following table gives a more complete statistical
review since 1967.

TABLE 1--NUMBER OF BILLS AND RESOLUTION REFERRED TO THE COMMITTEE 90TH THROUGH 114TH 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............................................... 15,908 1,380 8.7
114th Congress*.............................................. 6,529 1,559 23.9
----------------------------------------------------------------------------------------------------------------
*As of December 14, 2016.

B. Public Hearings

During the 114th 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 2014 budget proposals,
tax reform, health and Social Security issues, and trade
policy. As the statistics below indicate, during the 114th
Congress, the full Committee and its six Subcommittees held a
total of 70 public hearings.

C. Markup Sessions

With respect to markup or business sessions during the
114th Congress, the full Committee held such sessions on 22
working days.

D. Number and Final Status of Bills Reported From the Committee on Ways
and Means in the 114th Congress

During the 114th Congress, the Committee reported to the
House a total of 92 bills favorably. There were 101 bills
containing provisions within the purview of the Committee that
were passed by the House; 32 were enacted into law. This is not
indicative of the total number of bills considered by the
Committee.

Appendix III. Chairmen of the Committee on Ways and Means and
Membership of the Committee from the 1st through the 114th 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 to 2015
Paul Ryan........................... Wisconsin.............. Republican............ 2015
Kevin Brady......................... Texas.................. Republican............ 2015 to 2016
----------------------------------------------------------------------------------------------------------------

B. Tables Showing Membership of the Committee

1. MEMBERS OF THE COMMITTEE ON WAYS AND MEANS FROM THE 1ST THROUGH THE
114TH 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............................. 103-114
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 Foleyiii.............................. 104-109
Kendrick Meek.............................. 110-111
Ginny Brown-Waite.......................... 111
Vern Buchanan.............................. 112-
Georgia:
James Jackson.............................. 1
Abraham Baldwin............................ 3-5
Benjamin Taliaferro........................ 6
John Milledge.............................. 7
David Meriwether........................... 8-9
William W. Bibb............................ 12-13
Joel Abbott................................ 15
Joel Crawford.............................. 15-16
Wiley Thompson............................. 17-18
George R. Gilmer........................... 20
Richard H. Wilde........................... 22-23
George W. Owens............................ 24-25
Charles E. Haynes.......................... 25
Mark A. Cooper............................. 26
Absalom H. Chappell........................ 28
Seaborn Jones.............................. 29
Robert Toombs.............................. 30-31
Alexander H. Stephens...................... 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.................................. 112-114
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............................... 112-114
Robert J. Dold............................. 114
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................................. 113-114
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.................... 111-114
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............................ 100-114
Dave Camp.................................. 103-113
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
Jason Smith................................ 114-
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..........................
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.......................... 94-114
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
George Holding............................. 114-
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 Jone....................... 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......................... 110-111, 113
Jim Gerlach................................ 112-113
Mike Kelly................................. 113-
Pat Meehan................................. 114-
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
Tom Rice................................... 114
South Dakota:
Kristi Noem................................ 114-
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
Wisconsin:
Charles Billinghurst....................... 34
Robert M. La Follette...................... 1
Joseph W. Babcock.......................... 57-59
James A. Frear............................. 66-68, 71-73
Thaddeus F. B. Wasielewski................. 78-79
John W. Byrnes............................. 80-92
William A. Steiger......................... 94-95
Jim Moody.................................. 100-102
Gerald D. Kleczka.......................... 103-105
Paul Ryan.................................. 106-114
Ron Kind................................... 114-
------------------------------------------------------------------------
iReelected to the 109th Congress; died January 1, 2005.
iiAppointed May 5, 2005.
iiiResigned September 29, 2006.
ivResigned July 31, 2012.
vPursuant to H. Res. 872, removed June 16, 2006.
viAppointed January 25, 1996.
viiAppointed to Senate April 27, 2011.
viiiAppointed January 25, 1996.
ixResigned February 9, 2011.
xAppointed June 13, 2011.
xiResigned April 29, 2005.
xiiDied, August 20, 2008.
xiiiAppointed July 10, 1995.
xivAppointed March 15, 2011.

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