[House Report 115-1115]
[From the U.S. Government Publishing Office]
Union Calendar No. 882
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-1115
_______________________________________________________________________
REPORT ON THE LEGISLATIVE AND
OVERSIGHT ACTIVITIES
of the
COMMITTEE ON WAYS AND MEANS
during the
115TH CONGRESS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
January 2, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
33-946 WASHINGTON : 2019
COMMITTEE ON WAYS AND MEANS
One Hundred Fifteenth Congress
KEVIN BRADY, Texas, Chairman
Sam Johnson, Texas Richard E. Neal, Massachusetts
Devin Nunes, California Sander M. Levin, Michigan
David G. Reichert, Washington John Lewis, Georgia
Vern Buchanan, Florida Lloyd Doggett, Texas
Peter J. Roskam, Illinois 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
Mike Kelly, Pennsylvania Linda Sanchez, California
Jim Renacci, Ohio Brian Higgins, New York
Kristi Noem, South Dakota Terri Sewell, Alabama
George Holding, North Carolina Suzan DelBene, Washington
Jason Smith, Missouri Judy Chu, California
Tom Rice, South Carolina
David Schweikert, Arizona
Jackie Walorski, Indiana
Carlos Curbelo, Florida
Mike Bishop, Michigan*
Darin LaHood, Illinois**
Brad R. Wenstrup, Ohio***
----------
*TOM PRICE, Georgia, resigned from the Committee on Ways and Means on
February 10, 2017. MIKE BISHOP, Michigan, was elected to the Committee
on Ways and Means on February 14, 2017.
**PAT TIBERI, Ohio, resigned from the Committee on Ways and Means on
January 11, 2018. DARIN LaHOOD, Illinois, was elected to the Committee
on Ways and Means on January 9, 2018.
***PATRICK MEEHAN, Pennsylvania, resigned from the Committee on Ways
and Means on April 27, 2018. BRAD R. WENSTRUP, Ohio, was elected to the
Committee on Ways and Means on May 16, 2018.
LETTER OF TRANSMITTAL
----------
House of Representatives,
Committee on Ways and Means,
Washington, DC, January 2, 2019.
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 115th Congress.
Sincerely,
Kevin Brady,
Chairman.
C O N T E N T S
----------
Page
Transmittal Letter............................................... III
Foreword......................................................... VII
I. Legislative Activity Review.......................................1
A. Legislative Review of Tax Issues.................... 1
B. Legislative Review of Trade Issues.................. 12
C. Legislative Review of Health Issues................. 31
D. Legislative Review of Human Resources Issues........ 56
E. Legislative Review of Social Security Issues........ 65
F. Legislative Review of Oversight Issues.............. 67
II. Oversight Activity Review........................................71
A. Oversight Agenda.................................... 71
B. Actions Taken and Recommendations Made with Respect
To Oversight Plan.................................. 73
a. Oversight......................................... 73
b. Trade............................................. 88
c. Tax............................................... 117
d. Human Resources................................... 119
e. Health............................................ 120
f. Social Security................................... 122
III.Public Hearings.................................................126
IV. Markups.........................................................129
Appendix I. Jurisdiction of the Committee on Ways and Means...... 132
Appendix II. Statistical Review of the Activities of the
Committee on Ways and Means.................................... 138
Appendix III. Chairmen & Membership of the Committee on Ways and
Means from the 1st through the 115th Congresses................ 139
FOREWORD
The Committee on Ways and Means submits its report on its
legislative and oversight activities for the 115th 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 February 14, 2017, 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 115th
Congress.
To carry out its work during the One Hundred Fifteenth
Congress, the Committee on Ways and Means had six standing
Subcommittees, listed below with membership:
Subcommittee on Tax Policy
Vern Buchanan, Florida, Chairman
Lloyd Doggett, Texas Peter Roskam, Illinois
John B. Larson, Connecticut Dave Reichert, Ohio
Linda Sanchez, California Jim Renacci, OHIO
Mike Thompson, California Kristi Noem, South Dakota
Suzan DelBene, Washington George Holding, North Carolina
Earl Blumenauer, Oregon Jason Smith, Missouri
Tom Rice, South Carolina
David Schweikert, Arizona
Subcommittee on Trade
David G. Reichert, Washington,
Chairman
Bill Pascrell, New Jersey Devin Nunes, California
Ron Kind, Wisconsin Erik Paulsen, Minnesota
Lloyd Doggett, Texas Mike Kelly, Pennsylvania
Sander M. Levin, Michigan Tom Reed, New York
Danny K. Davis, Illinois Kristi Noem, South Dakota
Brian Higgins, New York George Holding, North Carolina
Tom Rice, South Carolina
Kenny Marchant, Texas
Jason Smith, Missouri
Subcommittee on Health
Peter Roskam, Illinois, Chairman
Sander M. Levin, Michigan Sam Johnson, Texas
Mike Thompson, California Devin Nunes, California
Ron Kind, Wisconsin Vern Buchanan, Florida
Earl Blumenauer, Oregon Adrian Smith, Nebraska
Brian Higgins, New York Lynn Jenkins, Kansas
Terri A. Sewell, Alabama Kenny Marchant, Texas
Judy Chu, California Diane Black, Tennessee
Erik Paulsen, Minnesota
Tom Reed, New York
Mike Kelly, Pennsylvania
Subcommittee on Human Resources
Adrian Smith, Nebraska, Chairman
Danny K. Davis, Illinois Jackie Walorski, Indiana
Lloyd Doggett, Texas Carlos Curbelo, Florida
Terri A. Sewell, Alabama David Schweikert, Arizona
Judy Chu, California Darin LaHood, Illinois
Brad Wenstrup, Ohio
David G. Reichert, Washington
Subcommittee on Social Security
Sam Johnson, Texas, Chairman
John B. Larson, Connecticut Mike Bishop, Michigan
Bill Pascrell, New Jersey Vern Buchanan, Florida
Joseph Crowley, New York Mike Kelly, Pennsylvania
Linda Sanchez, California Tom Rice, South Carolina
David Schweikert, Arizona
Darin LaHood, Illinois
Subcommittee on Oversight
Lynn Jenkins, Kansas, Chairman
John Lewis, Georgia Jackie Walorski, Indiana
Joseph Crowley, New York Carlos Curbelo, Florida
Suzan DelBene, Washington Mike Bishop, Michigan
Earl Blumenauer, Oregon Darin LaHood, Illinois
Brad Wenstrup, Ohio
Kenny Marchant, Texas
Union Calendar No. 882
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-1115
======================================================================
REPORT ON THE LEGISLATIVE AND OVERSIGHT ACTIVITIES OF THE COMMITTEE ON
WAYS AND MEANS DURING THE ONE HUNDRED FIFTEENTH CONGRESS
_______
January 2, 2019.--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
1. BILLS ENACTED INTO LAW DURING THE 115TH CONGRESS
(a) Disaster Tax Relief and Airport and Airway Extension Act of 2017
(P.L. 115-63)
On September 25, 2017, the Chairman of the House Committee
on Ways and Means, Kevin Brady, and two cosponsors introduced
H.R. 3823, a bill to amend title 49, United States Code, to
extend authorizations for the airport improvement program, to
amend the Internal Revenue Code of 1986 to extend the funding
and expenditure authority of the Airport and Airway Trust Fund,
to provide disaster tax relief, and for other purposes. On
September 25, 2017 the House moved to suspend the rules and
failed to pass the bill by the yeas and nays (2/3 required)
245-171. The House passed the bill by the yeas and nays: 264-
155 (Roll no. 542) on September 28, 2017. On September 28,
2017, the bill passed in the Senate with an amendment by voice
vote. On September 28, 2017, the House agreed to the Senate
amendment without objection. On September 29, 2017, the bill
was signed by the President and became Public Law No: 115-63.
P.L. 115-63 includes tax-related provisions that provide
tax relief with respect to the federally declared disaster
areas in connection with Hurricanes Harvey, Irma, and Maria and
that extended the funding and expenditure authority of the
Airport and Airway Trust Fund through September 30, 2018.
(b) Tax Cuts and Jobs Act (P.L. 115-97)
On November 2, 2017, Chairman Kevin Brady and twenty-four
cosponsors introduced a bill to provide for reconciliation
pursuant to titles II and V of the concurrent resolution on the
budget for fiscal year 2018. On November 6 through 9, 2017, the
Committee on Ways and Means held a markup and favorably
reported the bill, as amended by the amendment in the nature of
a substitute (H. Rept. 115-409). On November 16, 2017, H.R. 1
was passed by the Yeas and Nays: 227-205 (Roll no. 637). The
Senate passed the bill with an amendment on December 2, 2017,
by the Yeas and Nays: 51-49 (Record Vote Number: 303). A
Conference was held on December 13, 2017, and the Conference
filed a report on December 15, 2017 (H. Rept. 115-466). The
report was agreed to in the House on December 19, 2017 by the
Yeas and Nays: 227-203 (Roll no. 692). The House agreed to the
Senate amendment on December 20, 2017, by the Yeas and Nays:
224-201 (Roll no. 699). On December 22, 2017, H.R. 1 was signed
by the President and became Public Law No: 115-97.
P.L. 115-97 makes comprehensive reforms to the Internal
Revenue Code of 1986 that provide tax relief and simplification
to American families and individuals so they can keep more of
what they earn and devote less time and resources to filing
their tax returns; provide tax relief to businesses of all
sizes so that they can create jobs, increase paychecks, and
invest in the American economy; and modernize the U.S.
international tax system to unleash the global competitiveness
of America and American businesses.
(c) To extend the authorizations of Federal aviation programs, to
extend the funding and expenditure authority of the Airport and
Airway Trust Fund, and for other purposes (P.L. 115-250)
On September 26, 2018, the Chairman of the House Committee
on Transportation and Infrastructure, Bill Shuster, introduced
H.R. 6897, a bill to extend the authorizations of Federal
aviation programs, to extend the funding and expenditure
authority of the Airport and Airway Trust Fund, and for other
purposes. On September 26, 2018, the House Committee on
Transportation and Infrastructure and the House Committee on
Ways and Means both discharged the bill. The bill was
considered by unanimous consent and passed without objection on
September 26, 2018. The bill was passed, without amendment, by
unanimous consent in the Senate on September 28, 2018. On
September 29, 2018, H.R. 6897 was signed by the President and
became Public Law No: 115-250.
P.L. 115-250 includes tax-related provisions that extend
the funding and expenditure authority of the Airport and Airway
Trust Fund through September 30, 2023.
2. TAX RELIEF AND OTHER PROPOSALS DURING THE 115TH CONGRESS
(a) Retirement, Savings, and Other Tax Relief Act of 2018 and Taxpayer
First Act of 2018
On January 3, 2017, Representative Marsha Blackburn
introduced H.R. 88, Shiloh National Military Park Boundary
Adjustment and Parker's Crossroads Battlefield Designation Act.
On February 27, 2017, H.R. 88 passed the House by a voice vote.
On June 6, 2018, H.R. 88 passed the Senate with an amendment by
unanimous consent. On December 20, 2018, the House passed a
motion to concur in the Senate amendment with an amendment by
the Yeas and Nays: 220-183 (Roll no. 470).
The bill as passed by the House includes disaster-related
tax relief provisions, retirement and other family savings
provisions, health tax provisions, permanent provisions related
to tax extenders, and other tax provisions. The bill also
includes a package of provisions to redesign the Internal
Revenue Service.
(b) To Reduce Federal Spending and the deficit by terminating taxpayer
financing of Presidential Elections
On January 3, 2017, Representative Tom Cole introduced H.R.
133, a bill to reduce Federal spending and the deficit by
terminating taxpayer financing of Presidential election
campaigns. The Committee on House Administration held a markup
on February 7, 2017 and ordered the bill to be reported by the
Yeas and Nays: 5-3.
(c) Protect Medical Innovation Act of 2018
On January 3, 2017, Representatives Erik Paulsen and Ron
Kind, along with two hundred and seventy-eight cosponsors
introduced H.R. 184, a bill to amend the Internal Revenue Code
of 1986 to repeal the excise tax on medical devices. On July
24, 2018, the House passed H.R. 184 by the Yeas and Nays: 283-
132 (Roll no. 372).
(d) No Taxpayer Funding for Abortion and Abortion Insurance Full
Disclosure Act of 2017
On January 13, 2017, the Chairman of the House Veterans
Affairs Committee, Chris Smith, and one hundred and one
cosponsors introduced H.R. 7, a bill to prohibit taxpayer
funded abortions. On January 24, 2017, H.R. 7 passed the House
by a recorded vote: 238-183 (Roll no. 65).
(e) Water and Agriculture Tax Reform Act of 2018
On January 13, 2017, Representative Ken Buck and fifteen
cosponsors introduced H.R. 519, a bill to amend the Internal
Revenue Code of 1986 to facilitate water leasing and water
transfers to promote conservation and efficiency. On July 24,
2018, the House Committee on Ways and Means held a markup and
favorably reported the bill, as amended by the amendment in the
nature of a substitute (H. Rept. 115-857). On July 24, 2018,
the House suspended the rules and passed the bill as amended by
voice vote.
The bill contains tax-related provisions that relate to the
treatment of income received or accrued by a mutual ditch or
irrigation company from non-member sources for purposes of
determining whether the entity meets the qualifications for
tax-exempt status and also that relate to the determination of
a mutual ditch or irrigation company's corporate governance
issues.
(f) EACH Act
On February 17, 2017, Representative Rodney Davis and
twenty-two cosponsors introduced H.R. 1201, 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, and for other purposes. The House agreed to
suspend the rules and pass the bill as amended by voice vote on
July 24, 2017.
(g) Self-Insurance Protection Act
On March 2, 2017, Representative David P. Roe and seven
cosponsors introduced H.R. 1304, a bill to amend the Employee
Retirement Income Security Act of 1974, the Public Health
Service Act, and the Internal Revenue Code of 1986 to exclude
from the definition of health insurance coverage certain
medical stop-loss insurance obtained by certain plan sponsors
of group health plans. On March 20, 2017, the House Committee
on Education and the Workforce favorably reported the bill as
amended. The House on April 5, 2017, passed the by the Yeas and
Nays: 400-16 (Roll no. 220).
(h) Native American Health Savings Improvement Act of 2018
On March 9, 2017, Representatives John Moolenaar and Raul
Ruiz introduced H.R. 1476, a bill to amend the Internal Revenue
Code of 1986 to permit individuals eligible for Indian Health
Service assistance to qualify for health savings accounts. The
House suspended the rules and passed the as amended by voice
vote on July 24, 2018.
(i) Orrin G. Hatch Music Modernization Act
On March 15, 2017, Representative Tom Rice and thirty-two
cosponsors introduced H.R. 1551, a bill to amend the Internal
Revenue Code of 1986 to modify the credit for production from
advanced nuclear power facilities. On June 5, 2017, the House
Committee on Ways and Means held a markup and favorably
reported the bill, as amended by the amendment in the nature of
a substitute (H. Rept. 115-183). The House suspended the rules
and passed the bill as amended by voice vote on June 20, 2017.
The Senate passed the bill as amended on September 25, 2018.
The House agreed to the Senate amendment without objection on
September 25, 2018. On October 11, 2018, H.R. 1551 was signed
by the President and became Public Law No: 115-264.
The bill originally contained tax-related provisions
modifying the credit for production from advanced nuclear power
facilities to clarify the process for re-allocation of credits
in the event any credits are unutilized and to add a new credit
transfer provision with respect to certain public entities.
These provisions were included in H.R. 1892, the Bipartisan
Budget Act of 2018, which on February 9, 2018 was signed by the
President and became Public Law No: 115-123.
(j) Financial CHOICE Act of 2017
On April 26, 2017, the Chairman of the House Financial
Services Committee introduced H.R. 10, a bill to create hope
and opportunity for investors, consumers, and entrepreneurs by
ending bailouts and Too Big to Fail, holding Washington and
Wall Street accountable, eliminating red tape to increase
access to capital and credit, and repealing the provisions of
the Dodd-Frank Act that make America less prosperous, less
stable, and less free, and for other purposes. On May 25, 2017,
the Committee on Financial Services reported H.R. 10 as amended
(H. Rept. 115-153, Part I). The Committees on Agriculture, Ways
and Means, Judiciary, Oversight and Government Reform,
Transportation and Infrastructure, Rules, the Budget, and
Education and the Workforce discharged the bill on May 25,
2017. The Committee on Financial Services filed a supplemental
report on June 2, 2017 (H. Rept. 115-153, Part II). The bill
passed the House by the Yeas and Nays: 233-186 (Roll no. 299).
(k) Frederick Douglass Trafficking Victims Prevention and Protection
Reauthorization Act of 2017
On April 27, 2017, Representative Christopher H. Smith and
twenty-nine cosponsors introduced in H.R. 2200, a bill to
reauthorize the Trafficking Victims Protection Act of 2000, and
for other purposes. On July 12, 2017 the House agreed to
suspend the rules and pass the bill as amended by voice vote.
The Senate Committee on Foreign Relations ordered that the bill
be favorably reported with an amendment in the nature of a
substitute on September 26, 2018. (See also: Trade legislation
page 20).
(l) VETERAN Act
On May 4, 2018, Representative Sam Johnson and thirty-eight
cosponsors introduced H.R. 2372, a bill to amend the Internal
Revenue Code of 1986 to clarify the rules relating to veteran
health insurance and eligibility for the premium tax credit.
The House Committee on Ways and Means held a markup on May 24,
2017, and favorably reported the bill as amended on June 2,
2017. The House agreed to suspend the rules and pass the bill
by voice vote on June 15, 2017. (See also: Health legislation
page 42).
(m) Broader Options for Americans Act
On May 19, 2017, Representative Patrick Tiberi introduced
in House H.R. 2579, a bill to amend the Internal Revenue Code
of 1986 to allow the premium tax credit with respect to
unsubsidized COBRA continuation coverage. On May 24, 2017, the
House Committee on Ways and Means held a markup and reported
the bill as amended favorably by the yeas and nays 23-15. The
bill passed the House by the yeas and nays 267-144 (Roll no.
308) on June 15, 2017. (See also: Health legislation page 43).
(n) Verify First Act
On May 22, 2017, Representative Lou Barletta and fourteen
cosponsors introduced H.R. 2581, a bill to amend the Internal
Revenue Code of 1986 to require the provision of social
security numbers as a condition of receiving the health
insurance premium tax credit. On May 24, 2017, the House
Committee on Ways and Means held a markup and reported the bill
as amended favorably by the yeas and nays 22-16. The bill
passed the House by the yeas and nays 238-184 (Roll no. 305) on
June 13, 2017.
(o) Affordable Retirement Advice for Savers Act
On June 8, 2017, Representative David P. Roe and thirty
cosponsors introduced H.R. 2823, a bill to amend the Employee
Retirement Income Security Act of 1974 and the Internal Revenue
Code of 1986 to ensure that retirement investors receive advice
in their best interests, and for other purposes. On July 19,
2017, the House Committee on Education and the Workforce held a
markup and favorably reported the bill as amended by the yeas
and nays 23-17. The House Committee on Ways and Means
discharged the bill on March 5, 2018.
(p) Volunteer Income Tax Assistance Permanence Act of 2017
On June 15, 2017, Representative Carlos Curbelo and thirty-
nine cosponsors introduced H.R. 2901, a bill to amend the
Internal Revenue Code of 1986 to make permanent the Volunteer
Income Tax Assistance matching grant program. The House
suspended the rules passed the bill by voice vote on April 17,
2018. (See also: Oversight legislation page 78).
(q) Justice for Victims of IRS Scams and Identity Theft Act of 2018
On June 15, 2017, Representatives David Young and Kyrsten
Sinema introduced H.R. 2905, a bill to require the Attorney
General to establish procedures for expedited review of the
case of any person who unlawfully solicits personal information
for purposes of committing identity theft, while purporting to
be acting on behalf of the IRS, and for other purposes. The
House suspended the rules passed the bill as amended by the
yeas and nays (2/3 required) 403-3 (Roll no. 147) on April 18,
2018. (See also: Oversight legislation page 78).
(r) Ensuring Integrity in the IRS Workforce Act of 2018
On July 27, 2017, Representative Kristi L. Noem and six
cosponsors introduced H.R. 3500, a bill to amend the Internal
Revenue Code of 1986 to prohibit the Commissioner of the
Internal Revenue Service from rehiring any employee of the
Internal Revenue Service who was involuntarily separated from
service for misconduct. The House Committee on Ways and Means
held a markup and favorably reported the bill by voice vote on
June 22, 2018. On July 24, 2018, the House suspended the rules
and passed the bill as amended by voice vote. (See also:
Oversight legislation page 78).
(s) SHARE Act
On September 2, 2017, Representative Jeff Duncan and five
cosponsors introduced H.R. 3668, a bill to provide for the
preservation of sportsmen's heritage and enhance recreation
opportunities on Federal land, and for other purposes. On
September 13, 2017, the House Committee on Natural Resources
held a markup and favorably reported the bill, as amended, by
the Yeas and Nays (H. Rept. 115-314). On September 18, 2017,
the House Committee on Agriculture, the House Committee on the
Judiciary, the House Committee on Energy and Commerce, the
House Committee on Transportation, and the House Committee on
Ways and Means discharged the bill.
(t) PASS Act of 2017
On September 27, 2017, Representative Ann Wagner and
fifteen cosponsors introduced H.R. 3857, a bill to amend the
Securities Exchange Act of 1934 to establish standards of
conduct for brokers and dealers that are in the best interest
of their retail customers. On August 10, 2018, the House
Committee on Education and the Workforce granted an extension
for further consideration ending not later than Nov. 16, 2018.
(u) AG Act
On October 23, 2017, the Chairman of House Committee on
Judiciary, Bob Goodlatte, and thirteen cosponsors introduced
H.R. 4092, a bill to create a nonimmigrant H-2C work visa
program for agricultural workers, and for other purposes. The
Committee held a markup favorably reported the bill by the yeas
and nays 17-16 on October 25, 2017.
(v) Terrorist Screening and Targeting Review Act of 2017
On December, 5, 2017, Representative Thomas Garrett, Jr.
and six cosponsors introduced H.R. 4553, a bill to require a
review of the authorization, funding, management, and operation
of the National Targeting Center and the Terrorist Screening
Center, and for other purposes. The House Committee on Homeland
Security held a markup and favorably reported the bill by
unanimous consent.
(w) Employer Relief Act of 2018
On December, 5, 2017, Representative Devin Nunes and four
cosponsors introduced H.R. 4616, a bill to amend the Patient
Protection and Affordable Care Act to provide for a temporary
moratorium on the employer mandate and to provide for a delay
in the implementation of the excise tax on high cost employer-
sponsored health coverage. The House Committee on Ways and
Means held a markup and favorably reported the bill by the yeas
and nays 22-15 on July 11, 2018. (See also: Health legislation
page 48).
(x) Securing America's Future Act of 2018
On January 10, 2018, the Chairman of the House Committee on
Judiciary, Bob Goodlatte, and ninety-nine cosponsors introduced
H.R. 4760, a bill to amend the immigration laws and the
homeland security laws, and for other purposes. The House
failed to pass the bill by recorded vote 193-231 (Roll no. 281)
on June 21, 2018.
(y) Congressional Accountability Act of 1995 Reform Act
On February 5, 2018, the Chairman of the House Committee on
Administration, Gregg Harper, and thirty-eight cosponsors
introduced H.R. 4924, a bill to amend the Congressional
Accountability Act of 1995 to reform the procedures provided
under such Act for the initiation, investigation, and
resolution of claims alleging that employing offices of the
legislative branch have violated the rights and protections
provided to their employees under such Act, including
protections against sexual harassment, and for other purposes.
The House suspended the rules and passed the bill by voice vote
on February 6, 2018.
(z) To amend the Internal Revenue Code of 1986 to allow officers and
employees of the Department of the Treasury to provide to
taxpayers information regarding low-income taxpayer clinics.
On April 9, 2018, Representatives George Holding and John
Lewis introduced H.R. 5438, a bill to amend the Internal
Revenue Code of 1986 to allow officers and employees of the
Department of the Treasury to provide to taxpayers information
regarding low-income taxpayer clinics. The House Committee on
Ways and Means held a markup and favorably reported the bill as
amended by voice vote on April 11, 2018. On April 17, 2018, the
House suspended the rules and passed the bill as amended by
voice vote. (See also: Oversight legislation page 79).
(aa) To provide for a single point of contact at the Internal Revenue
Service for the taxpayers who are victims of tax-related
identity theft.
On April 9, 2018, Representatives James Renacci, John
Lewis, and two cosponsors introduced H.R. 5439, a bill to
provide for a single point of contact at the Internal Revenue
Service for the taxpayers who are victims of tax-related
identity theft. The House Committee on Ways and Means held a
markup and favorably reported the bill as amended by voice vote
on April 11, 2018. On April 17, 2018, the House suspended the
rules and passed the bill as amended by voice vote. (See also:
Oversight legislation page 80).
(bb) To require notice from the Secretary of the treasury in the case
of any closure of a Taxpayer Assistance Center
On April 9, 2018, Representative Karen C. Handel and Tom
O'Halleran introduced H.R. 5440, a bill to require notice from
the Secretary of the Treasury in the case of any closure of a
Taxpayer Assistance Center. On April 17, 2018, the House agreed
to suspend the rules and pass the bill as amended by voice
vote. (See also: Oversight legislation page 40).
(cc) To amend the Internal Revenue of 1986 to require electronic filing
of the annual returns of exempt organizations and provide for
making such returns available for public inspection
On April 10, 2018, Representative Mike Kelly and Stephanie
N. Murphy introduced H.R. 5443, a bill to amend the Internal
Revenue Code of 1986 to require electronic filing of the annual
returns of exempt organizations and provide for making such
returns available for public inspection. The House agreed to
suspend the rules and pass the bill as amended by voice vote on
April 17, 2018. (See also: Oversight legislation page 80).
(dd) FAA Reauthorization Act of 2018
On April 13, 2018, the Chairman of the House Committee on
Transportation and Infrastructure, Bill Shuster, and fifteen
cosponsors introduced a bill, H.R. 4, to reauthorize programs
of the Federal Aviation Administration, and for other purposes.
On April 27, 2018, H.R. 4 was passed by the Yeas and Nays: 393-
13 (Roll no. 165).
The bill includes tax-related provisions that would modify
and extend the funding and expenditure authority of the Airport
and Airway Trust Fund.
(ee) Border Security and Immigration Reform Act of 2018
On June 19, 2018, the Chairman of the House Committee on
the Judiciary, Bob Goodlatte, and eleven cosponsors introduced
H.R. 6136, a bill to amend the immigration laws and provide for
border security, and for other purposes. On June 27, 2018 the
House failed to pass the by recorded vote: 121-301 (Roll no.
297).
(ff) Restoring Access to Medication and Modernizing Health Savings
Accounts Act of 2018
On June 22, 2018, Representatives Lynn Jenkins, Ron Kind,
Grace Meng, and Erik Paulsen introduced H.R. 6199, a bill to
amend the Internal Revenue Code of 1986 to include certain
over-the-counter medical products as qualified medical
expenses. On July 11, 2018, The House Committee on Ways and
Means held a markup, and favorably reported the bill as amended
on July 19, 2018. On July 25, 2018, the House passed the bill
by the Yeas and Nays: 277-142 (Roll no. 377). (See also: Health
legislation page 60).
(gg) Promoting High-Value Health Care Through Flexibility for High
Deductible Health Plans Act of 2018
On June 29, 2018, Representatives Peter J. Roskam, Mike
Thompson, and Diane Black introduced H.R. 6301, a bill to amend
the Internal Revenue Code of 1986 to provide high deductible
health plans with first dollar coverage flexibility. On July
11, 2018, the House Committee on Ways and Means held a markup,
and favorably reported the bill as amended on July 19, 2018.
(See also: Health legislation page 61).
(hh) Bipartisan HSA Improvement Act of 2018
On July 3, 2018, Representative Mike Kelly and Earl
Blumenauer introduced H.R. 6305, a bill to amend the Internal
Revenue Code of 1986 to improve access to health care through
modernized health savings accounts. On July 11, 2018, the House
Committee on Ways and Means held a markup, and favorably
reported the bill as amended on July 19, 2018. (See also:
Health legislation page 61).
(ii) Health Care Security Act of 2018
On July 3, 2018, Representative Erik Paulsen introduced
H.R. 6306, a bill to amend the Internal Revenue Code of 1986 to
increase the contribution limitation for health savings
accounts, and for other purposes. On July 11, 2018, the House
Committee on Ways and Means held a markup, and favorably
reported the bill as amended on July 19, 2018. (See also:
Health legislation page 61).
(jj) Allowing Working Seniors to Keep Their Health Savings Accounts Act
of 2018
On July 6, 2018, Representative Erik Paulsen introduced
H.R. 6309, a bill to amend the Internal Revenue Code of 1986 to
allow individuals entitled to Medicare Part A by reason of
being over age 65 to contribute to health savings accounts. On
July 11, 2018, the House Committee on Ways and Means held a
markup, and favorably reported the bill as amended on July 19,
2018. (See also: Health legislation page 62).
(kk) Increasing Access to Lower Premium Plans and Expanding Health
Savings Accounts Act of 2018
On July 6, 2018, Representative Peter J. Roskam and Michael
C. Burgess introduced H.R. 6311, a bill to amend the Internal
Revenue Code of 1986 and the Patient Protection and Affordable
Care Act to modify the definition of qualified health plan for
purposes of the health insurance premium tax credit and to
allow individuals purchasing health insurance in the individual
market to purchase a lower premium copper plan. On July 11,
2018, the House Committee on Ways and Means held a markup, and
favorably reported the bill as amended on July 19, 2018. The
House passed the bill by the Yeas and Nays: 242-176 (Roll no,
376). (See also: Health legislation page 62).
(ll) Personal Health Investment Today Act
On July 6, 2018, Representatives Jason Smith and Ron Kind,
and one cosponsor introduced H.R. 6312, a bill to amend the
Internal Revenue Code of 1986 to treat certain amounts paid for
physical activity, fitness, and exercise as amounts paid for
medical care. On July 11, 2018, the House Committee on Ways and
Means held a markup, and favorably reported the bill as amended
on July 19, 2018. (See also: Health legislation page 62).
(mm) Responsible Additions and Increases to Sustain Employee Health
Benefits Act of 2018
On July 6, 2018, Representative Steve Stivers and six
cosponsors introduced H.R. 6313, a bill to amend the Internal
Revenue Code to allow unused health flexible spending
arrangement account balances (or a portion of the balances) to
be carried forward into the next plan year. On July 11, 2018,
the House Committee on Ways and Means held a markup and
favorably reported the bill, as amended (H. Rept. 115-853).
(See also: Health legislation page 63).
(nn) Health Savings Act of 2018
On July 6, 2018, Representative Michael C. Burgess and two
cosponsors introduced H.R. 6314, a bill to amend the Internal
Revenue Code, with respect to health savings accounts (HSAs),
to require the bronze and catastrophic health plans described
in the Patient Protection and Affordable Care Act to be treated
as high deductible health plans, which are required to
participate in an HSA. On July 11, 2018, the House Committee on
Ways and Means held a markup and favorably reported the bill,
as amended (H. Rept. 115-848). (See also: Health legislation
page 63).
(oo) Primary Care Enhancement Act of 2018
On July 10, 2018, Representative Erik Paulsen and two
cosponsors introduced H.R. 6317, a bill to amend the Internal
Revenue Code of 1986 to provide that direct primary care
service arrangements do not disqualify deductible health
savings account contributions, and for other purposes. On July
11, 2018, the House Committee on Ways and Means held a markup
and favorably reported the bill, as amended (H. Rept. 115-852).
(See also: Health legislation page 63).
(pp) Save Community Newspaper Act of 2018
On July 16, 2018, Representatives Erik Paulsen, Suzan
DelBene, and five cosponsors introduced H.R. 6377, a bill to
amend the Internal Revenue Code of 1986 and the Employee
Retirement Income Security Act of 1974 to provide alternative
minimum funding rules for certain single-employer plans
maintained by a community newspaper. On July 18, 2018, the
House Committee on Ways and Means held a markup and favorably
reported the bill as amended by the amendment in the nature of
a substitute (H. Rept. 115-1011).
The bill includes tax-related provisions that would amend
the required funding rules for certain community newspaper
pension plans in order to give those employers more time to
fund the plans.
(qq) American Innovation Act of 2018
On September 10, 2018, Representative Vern Buchanan and
twenty-six cosponsors introduced H.R. 6756, a bill to amend the
Internal Revenue Code of 1986 to promote new business
innovation, and for other purposes. On September 13, 2018, the
House Committee on Ways and Means held a markup and favorably
reported the bill, as amended by the amendment in the nature of
a substitute (H. Rept. 115-957). On September 27, 2018, the
House passed the bill by the Yeas and Nays: 260-156 (Roll no.
412).
The bill contains tax-related provisions on the treatment
of start-up and organizational expenditures and on the
treatment of start-up losses and credits.
(rr) Family Savings Act of 2018
On September 10, 2018, Representative Mike Kelly and
twenty-nine cosponsors introduced H.R. 6757, a bill to amend
the Internal Revenue Code of 1986 to encourage retirement and
family savings, and for other purposes. On September 13, 2018,
the House Committee on Ways and Means held a markup and
favorably reported the bill, as amended by the amendment in the
nature of a substitute (H. Rept. 115-959). On September 24,
2018, the House Committee on Education and the Workforce
discharged the bill. On September 27, 2018, the House passed
the bill by the Yeas and Nays: 240-177 (Roll no. 411).
The bill contains tax-related provisions to make it easier
for employers to provide retirement plans to their employees
and to make it easier for individuals to save for retirement
and for other purposes.
(ss) Protecting Family and Small Business Tax Cuts Act of 2018
On September 10, 2018, Representative Rodney Davis and
forty cosponsors introduced H.R. 6760, a bill to amend the
Internal Revenue Code of 1986 to make permanent certain
provisions of the Tax Cuts and Jobs Act affecting individuals,
families, and small businesses. On September 13, 2018, the
House Committee on Ways and Means held a markup and favorably
reported the bill, as amended by the amendment in the nature of
a substitute, (H. Rept. 115-958). On September 28, 2018,
Representative John B. Larson's motion to recommit failed by
the Yeas and Nays: 184-226 (Roll no. 413). On September 28,
2018, the House passed the bill by the Yeas and Nays: 220-191
(Roll no. 414).
The bill contains tax-related provisions to make permanent
the comprehensive reforms to the Internal Revenue Code of 1986
that provide tax relief and simplification to American
families, individuals, and small businesses that were enacted
on a temporary basis by subtitles A and B of the Tax Cuts and
Jobs Act (Public Law 115-97).
(tt) H. Con. Res. 119
On April 26, 2018, Representative Steve Scalise and forty-
eight cosponsors introduced H. Con. Res. 119, a concurrent
resolution to express 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 July 19,
2018, the concurrent resolution was agreed to in the House by
the Yeas and Nays: 229-180 (Roll no. 363).
B. Legislative Review of Trade Issues
1. STANDALONE BILLS ENACTED INTO LAW DURING THE 115TH CONGRESS
(a) H.R. 4318, Miscellaneous Tariff Bill Act of 2018 (P.L. 115-239)
On October 25, 2018, the Subcommittee on Trade held a
hearing on the Miscellaneous Tariff Bill. The purpose of the
hearing was to investigate 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. The Subcommittee heard testimony from (i) Cindy Smith,
Agriculture Relations Director--Gowan USA, (ii) Edward V.
McAsey, Chief Operating Officer--Lasko Products LLC, and (iii)
Michael Ratchford, Government Relations Associate--W.L. Gore &
Associates.
On November 9, 2017, Chairman Kevin Brady, Ranking Member
Richard Neal, Trade Subcommittee Chairman Dave Reichert, Trade
Subcommittee Ranking Member Bill Pascrell Jr,. and twenty-seven
cosponsors introduced H.R. 4318, a bill to amend the Harmonized
Tariff Schedule of the United States to modify temporarily
certain rates of duty. The bill was referred to the Committee
on Ways and Means.
The House suspended the rules and passed the bill on
January 18, 2018, by a recorded vote of 402-0. On July 26,
2018, the Senate passed the bill with amendments by voice vote.
On September 4, 2018, the House suspended the rules and agreed
to the Senate amendments by voice vote. The bill was signed
into law on September 13, 2018, and became Public Law 115-239.
(b) H.R. 2200, Frederick Douglass Trafficking Victims Prevention
Reauthorization Act of 2017
On April 4, 2017, Representative Christopher Smith and
twenty-nine cosponsors introduced H.R. 2200, a bill to
reauthorize the Trafficking Victims Protection Act of 2000, and
for other purposes. The bill was referred to the Committee on
Foreign Affairs, and to the Committees on the Judiciary,
Oversight and Government Reform, Ways and Means, Transportation
and Infrastructure, Energy and Commerce, Armed Services, and
Education and the Workforce. On May 16, 2017, Chairman Brady
and Chairman Royce exchanged letters in which Chairman Brady
asserted jurisdiction under Rule X of the House but agreed to
waive formal consideration of the bill. On July 13, 2017, the
House suspended the rules and passed the bill as amended by
voice vote.
On September 26, 2018, the Senate Committee on Foreign
Relations reported the bill favorably. On October 10, 2018, the
bill was placed on the Senate Legislative calendar. On December
17, 2018, the Senate passed the bill with an amendment by voice
vote. On December 21, 2018, the House passed the Senate
amendment to the bill by a recorded vote of 368-7. The bill was
presented to the President.
(c) & (d) H.R. 3364, Countering America's Adversaries Through Sanctions
Act (P.L. 115-44
H.R. 3364, the ``Countering America's Adversaries Through
Sanctions Act'' was introduced on July 24, 2017, by House
Committee on Foreign Affairs Chairman Ed Royce and five
cosponsors and was referred to the Committee on Foreign Affairs
and to the Committees on Ways and Means, Intelligence
(Permanent Select), the Judiciary, Oversight and Government
Reform, Armed Services, Financial Services, Rules, and
Transportation and Infrastructure. The bill included H.R. 1644,
the ``Korean Interdiction and Modernization of Sanctions Act''
which was referred to the Committee on Ways and Means.
The House passed the bill on July 25, 2017, by a recorded
vote of 419-3. On July 27, 2017, the Senate passed the bill
without amendment by a recorded vote of 98-2. The bill was
signed into law on August 2, 2018 and became Public Law 115-44.
(e) & (f) H.R. 3342, Sanctioning the Use of Civilians as Defenseless
Shields Act.
On July 20, 2017, Representative Mike Gallagher and twenty-
six cosponsors introduced H.R. 3342, a bill to impose sanctions
on foreign persons that are responsible for using civilians as
human shields, and for other purposes. On October 23, 2017,
Chairman Brady and Chairman Royce exchanged letters in which
Chairman Brady asserted jurisdiction but agreed not to request
a sequential referral on the bill. The House Committee on
Foreign Affairs reported the bill on October 24, 2017.
On October 25, 2017, the House suspended the rules and
passed the bill by voice vote. On October 11, 2018, the Senate
passed the bill with amendments by unanimous consent. On
December 11, 2018, the House agreed to the Senate amendments
without objection. The bill was signed into law on December 21,
2018.
(g) & (h) H.R. 6400, United States Ports of Entry Threat and
Operational Review Act
On July 17, 2018, Representative Debbie Lesko and thirty-
three cosponsors introduced H.R. 6400, a bill to require the
Secretary of Homeland Security to conduct a threat and
operational analysis of ports of entry, and for other purposes.
On July 17, 2018, the bill was referred to the Committee on
Ways and Means, and to the Committee on Homeland Security. On
September 4, 2018, the House suspended the rules and passed the
bill as amended by voice vote. On December 19, 2018, the bill
passed the Senate without amendment by voice vote. The bill was
presented to the President.
(i) & (j) H.R. 6888, Asia Reassurance Initiative Act of 2018
H.R. 6888, the ``Asia Reassurance Initiative Act of 2018''
was introduced on September 25, 2018, by Majority Leader Kevin
McCarthy and three cosponsors as a companion bill to S. 2736.
The bill was referred to the Committee on Foreign Affairs and
to the Committees on Ways and Means, Armed Services,
Intelligence (Permanent Select), Judiciary, Financial Services,
and Transportation and Infrastructure.
The Senate passed S. 2736 on December 4, 2018, by unanimous
consent. On December 12, 2018, the House passed the bill as
amended by voice vote. On December 19, 2018, the Senate agreed
to the House amendment by unanimous consent. The bill was
presented to the President.
3. & 4. BILLS INCORPORATED INTO LEGISLATION ENACTED INTO LAW
(a) H.R. 5788, STOP Act of 2018
On April 25, 2018, the Trade Subcommittee held a hearing
entitled ``The Opioid Crisis: Stopping the Flow of Synthetic
Opioids in the International Mail System.'' The hearing focused
on efforts to improve the detection of synthetic opioids in the
international mail system and prevent them from entering the
United States as well as on bipartisan legislative solutions to
address vulnerabilities in the international mail system that
have allowed synthetic opioids to go undetected. Testimony was
received from (i) Todd Owen, Executive Assistant Commissioner,
Office of Field Operations--U.S. Customs and Border Protection,
and (ii) Robert Cintron, Vice President, Network Operations--
U.S. Postal Service. Written testimony was received from
Gregory Thome, Director, Office of Specialized and Technical
Agencies, Bureau of International Organization Affairs--
Department of State.
On May 15, 2018, Representative Mike Bishop, Trade
Subcommittee Ranking Member Bill Pascrell Jr., Trade
Subcommittee Chairman Dave Reichert, Trade Subcommittee Ranking
Member Bill Pascrell Jr., and four cosponsors introduced H.R.
5788, the ``Securing the International Mail Against Opioids
Act,'' later named the ``Synthetics Trafficking and Overdose
Prevention (STOP) Act of 2018,'' to provide for the processing
by U.S. Customs and Border Protection of certain international
mail shipments and to require the provision of advance
electronic information on international mail shipments of mail,
and for other purposes. The bill was referred to the Committee
on Ways and Means and the Committees on Homeland Security and
Oversight and Government Reform.
The Committee marked up H.R. 5788 on May 16, 2018, and
ordered the bill, as amended, favorably reported. The Committee
filed H. Rept. 115-722 on June 8, 2018. The House Committee on
Homeland Security discharged the bill June 8, 2018, and the
House Committee on Oversight and Government Reform discharged
the bill on June 11, 2018. On June 14, 2018, the House passed
the bill by a recorded vote of 353-52. H.R. 5788 was later
incorporated into H.R. 6, the ``SUPPORT for Patients and
Communities Act.'' H.R. 6 passed the House on June 22, 2018, by
a recorded vote of 396-14. The bill passed the Senate with an
amendment by a vote of 99-1. The House agreed to the Senate
amendment with an amendment on September 28, 2018, and the
Senate agreed to the House amendment on October 3. H.R. 6 was
signed into law on October 24, 2018 and became Public Law 115-
271.
(b) H.R. 4068, Competitive Need Limitations Modernization Act of 2017
H.R. 4068, the ``Competitive Need Limitations Modernization
Act of 2017'' was introduced on October 12, 2017, by
Representative Jackie Walorski and four cosponsors. The bill
was referred to the Committee on Ways and Means. Provisions of
this bill were included in H.R. 4979, ``To extend the
Generalized System of Preferences and to make technical changes
to the competitive need limitations provision of the program.''
Later H.R. 4068 was incorporated into H.R. 1625, the
``Consolidated Appropriations Act, 2108, which was signed into
law on March 23, 2018, and became Public Law 115-141.
(c) H.R. 4979, To extend the Generalized System of Preferences and to
make technical changes to the competitive need limitations
provision of the program
On February 8, 2018, Trade Subcommittee Chairman Dave
Reichert, Trade Subcommittee Ranking Member Bill Pascrell Jr.,
Chairman Kevin Brady, Ranking Member Richard Neal, Trade
Subcommittee Ranking Member Bill Pascrell Jr., and eight
cosponsors introduced H.R. 4979, to extend the Generalized
System of Preferences and to make technical changes to the
competitive need limitations provision of the program. The bill
was referred to the Committee on Ways and Means.
The House suspended the rules and passed the bill on
February 13, 2018, by a recorded vote of 400-2. H.R. 4979 was
later incorporated into H.R. 1625, the ``Consolidated
Appropriations Act of 2108,'' which was signed into law on
March 23, 2018, and became Public Law 115-141.
(d) H.R. 1644, Korean Interdiction and Modernization of Sanctions Act
On March 21, 2017, the Chairman of the House Committee on
Foreign Affairs, Ed Royce, and twenty-three cosponsors
introduced H.R. 1644, a bill to enhance sanctions with respect
to transactions relating to North Korea, and for other
purposes. The bill contained provisions within the Rule X
jurisdiction of the Committee on Ways and Means, but the
Committee did not receive a referral on the bill.
On April 25, 2017, Chairman Brady and Chairman Royce
exchanged letters in which Chairman Brady asserted jurisdiction
but agreed not to request a sequential referral on the bill.
The House Committee on Foreign Affairs favorably reported the
bill on April 28, 2017. The House Committees on Ways and Means,
Financial Services, Transportation and Infrastructure,
Oversight and Government Reform, and the Judiciary discharged
the bill on April 28, 2017. On May 4, 2017, the House suspended
the rules and passed the bill by a recorded vote of 419-1. H.R.
1644 was later incorporated into H.R. 3364, the ``Countering
America's Adversaries Through Sanctions Act.'' H.R. 3364 passed
the house on July 25, 2017, by a recorded vote of 419-3. On
July 27, 2017, the bill passed the Senate without amendment by
a recorded vote of 98-2. The bill was signed into law on August
2, 2017 and became Public Law 115-44.
5. BILLS PASSED BY THE HOUSE ONLY
(a) H.R. 70, Federal Advisory Committee Act of 2017
On January 3, 2017, Representative Lacy Clay and three
cosponsors introduced H.R. 70, a bill to amend the Federal
Advisory Committee Act to increase the transparency of Federal
advisory committees, and for other purposes. The bill was
referred to the House Committee on Oversight and Government
Reform, and to the Committee on Ways and Means.
On January 4, 2017, Chairman Brady and Chairman Chaffetz
exchanged letters in which Chairman Brady asserted jurisdiction
but agreed to discharge the bill. On January 4, 2017, the House
suspended the rules and passed the bill by voice vote. On
October 4, 2017, the Senate Committee on Homeland Security and
Governmental Affairs ordered the bill to be reported without
amendment favorably. On March 22, 2018, the bill was placed on
the Senate Legislative Calendar.
(b) H.R. 1677, Caesar Syria Civilian Protection Act of 2018
On March 22, 2017, Representative Eliot Engel and one
hundred and eight cosponsors introduced H.R. 1677, a bill to
halt the wholesale slaughter of the Syrian people, encourage a
negotiated political settlement, and hold Syrian human rights
abusers accountable for their crimes. The bill was referred to
the Committee on Foreign Affairs, and to the Committees on
Financial Services and the Judiciary. The bill contained
provisions within the Rule X jurisdiction of the Committee on
Ways and Means, but the Committee did not receive a referral on
the bill. On May 11, 2017, the bill was reported favorably by
the Committee on Foreign Affairs. On May 16, Chairman Brady and
Chairman Royce exchanged letters in which Chairman Brady
asserted jurisdiction but agreed not to request a sequential
referral on the bill. On May 17, 2017, the House suspended the
rules and passed the bill as amended by voice vote.
On September 6, 2018, the Senate Committee on Foreign
Relations ordered the bill favorably reported with an amendment
in the nature of a substitute. On October 3, 2018, Senator
Corker reported with an amendment in the nature of a
substitute, and the bill was placed on the Senate Legislative
Calendar. There was no further action taken by the Senate.
(c) H.R. 1698, Iran Ballistic Missiles and International Sanctions
Enforcement Act
On March 23, 2017, the Chairman of the House Committee on
Foreign Affairs, Ed Royce, Ranking Member Eliot Engel, and
three hundred and twenty-two cosponsors introduced H.R. 1698, a
bill to expand sanctions against Iran with respect to the
ballistic missile program of Iran, and for other purposes. On
March 23, 2017, the bill was referred to the Committee on
Foreign Affairs, and to the Committees on Financial Services,
the Judiciary, Ways and Means, and Oversight and Government
Reform.
On March 23, Chairman Brady and Chairman Royce exchanged
letters in which Chairman Brady asserted jurisdiction but
agreed to discharge the bill. On October 26, 2017, the House
suspended the rules and passed the bill as amended by a
recorded vote of 423-2. There was no action taken by the
Senate.
(d) H.R. 2825, the Department of Homeland Security Authorization Act of
2017
On June 8, 2017, Representative Michael McCaul and eleven
cosponsors introduced H.R. 2825, a bill to amend the Homeland
Security Act of 2002 to make certain improvements in the laws
administered by the Secretary of Homeland Security, and for
other purposes. The bill was referred to the Committee on
Homeland Security, and to the Committee on Transportation and
Infrastructure. The bill contained provisions within the Rule X
jurisdiction of the Committee on Ways and Means, but the
Committee did not receive a referral on the bill.
On June 27, 2017, Chairman Brady and Chairman McCaul
exchanged letters in which Chairman Brady asserted jurisdiction
but agreed not to request a sequential referral on the bill. On
July 20, 2017, the House suspended the rules and passed the
bill as amended by a vote of 386-41. On March 7, 2018, the
Senate Committee on Homeland Security and Governmental Affairs
favorably reported the bill with an amendment. The bill was
placed on the Senate Legislative Calendar on April 16, 2018.
There was no further action taken by the Senate.
(e) H.R. 3329, the Hizballah International Financing Prevention
Amendments Act of 2017
On July 20, 2017, Chairman of the House Committee on
Foreign Affairs Edward Royce, Ranking Member Eliot Engel, and
one-hundred and thirteen cosponsors introduced H.R. 3329, a
bill to amend the Hizballah International Financing Prevention
Act of 2015 to impose additional sanctions with respect to
Hizballah, and for other purposes. The bill was referred to the
Committee on Foreign Affairs and to the Committees on Financial
Services and the Judiciary. The bill contained provisions
within the Rule X jurisdiction of the Committee on Ways and
Means, but the Committee did not receive a referral on the
bill.
On October 23, 2017, Chairman Brady and Chairman Royce
exchanged letters in which Chairman Brady asserted jurisdiction
but agreed not to request a sequential referral on the bill. On
October 24, 2017, the Committees Financial Services and the
Judiciary discharged the bill. On October 25, 2017, the House
suspended the rules and passed the bill as amended by voice
vote. There was no action taken by the Senate.
(f) H.R. 3542, Hamas Human Shields Prevention Act
On July 28, 2017, Representative Joe Wilson and twenty-one
cosponsors introduced H.R. 3542, a bill to impose sanctions
against Hamas for violating universally applicable
international laws of armed conflict by intentionally using
civilians and civilian property to shield military objectives
from lawful attack, and for other purposes. The bill was
referred to the Committee on Foreign Affairs and to the
Committee on the Judiciary, and the Committee on Ways and Means
asserted jurisdiction. On February 14, 2018, the House
suspended the rules and passed the bill as amended by a vote of
415-0. There was no action taken by the Senate.
(g) H.R. 3551, the C-TPAT Reauthorization Act of 2017
On July 28, 2017, Representative Martha McSally and six
cosponsors introduced H.R. 355, a bill to amend the Security
and Accountability for Every Port Act of 2006 to reauthorize
the Customs-Trade Partnership Against Terrorism Program, and
for other purposes. The bill was referred to the Committee on
Homeland Security. The bill contained provisions within the
Rule X jurisdiction of the Committee on Ways and Means, but the
Committee did not receive a referral on the bill.
On October 23, 2017, Chairman Brady and Chairman McCaul
exchanged letters in which Chairman Brady asserted jurisdiction
but agreed not to request a sequential referral on the bill. On
October 23, 2017, the House suspended the rules and passed the
bill as amended by a recorded vote of 402-01. There was no
action taken by the Senate.
(h) H.R. 4403, Moving Americans Privacy Protection Act
On November 15, 2017, Representative Jeff Denham, Trade
Subcommittee Ranking Bill Pascrell Jr., and fourteen cosponsors
introduced H.R. 4403, a bill to amend the Tariff Act of 1930 to
protect personally identifiable information, and for other
purposes. On November 15, 2017, the House referred the bill to
the Committee on Ways and Means. On April 16, 2018, the
Committee on Ways and Means held a markup and favorably
reported the bill by voice vote. The Committee filed H. Rept.
115-639 on April 16, 2018. The House suspended the rules and
passed the bill by voice vote on April 17, 2018. There was no
action taken by the Senate.
(i) H.R. 4537, International Insurance Standards Act of 2018
On December 4, 2017, Representative Sean Duffy,
Representative Denny Heck, and eleven cosponsors introduced
H.R. 4537, a bill to preserve the state-based system of
insurance regulation and provide greater oversight of and
transparency on international insurance standards setting
processes, and for other purposes. The bill was referred to the
Committee on Financial Services, in addition to the Committee
on Rules. The bill contained provisions within the Rule X
jurisdiction of the Committee on Ways and Means, but the
Committee did not receive a referral on the bill.
On June 22, 2018, Chairman Brady and Chairman Hensarling
exchanged letters in which Chairman Brady asserted jurisdiction
but agreed not to request a sequential referral on the bill. On
July 10, 2018, the House suspended the rules and passed the
bill as amended by voice vote. There was no action taken by the
Senate.
(j) H.R. 4744, Iran Human Rights and Hostage-Taking Accountability Act
On January 9, 2018, the Chairman of the House Committee on
Homeland Security, Michael McCaul, and forty-six cosponsors
introduced H.R. 4744, a bill to impose additional sanctions
with respect to serious human rights abuses of the Government
of Iran, and for other purposes. On January 9, 2018, the House
referred the bill to the Committee on Foreign Affairs, and to
the Committees on the Judiciary, Financial Services, and Ways
and Means.
The House Committee on Foreign Affairs favorably reported
the bill by voice vote on March 15, 2018. On April 13, 2018,
Chairman Brady and Chairman Royce exchanged letters in which
Chairman Brady asserted jurisdiction under House Rule X but
agreed to waive formal consideration of the bill. The
Committees on Ways and Means, Judiciary, and Financial Services
discharged the bill on April 18, 2018. On April 24, 2018, the
House suspended the rules and passed the bill as amended by a
recorded vote of 410-2. There was no action taken by the
Senate.
(k) H.R. 6219, the Georgia Support Act
On June 26, 2018, Representative Ted Poe and seven
cosponsors introduced H.R. 6219, a bill to support the
independence, sovereignty, and territorial integrity of
Georgia, and for other purposes. The bill was referred to the
Committee on Foreign Affairs, and to the Committees on the
Judiciary and Ways and Means.
On December 12, 2018, Chairman Brady and Chairman Royce
exchanged letters in which Chairman Brady asserted jurisdiction
under House Rule X but agreed to waive formal consideration of
the bill. On December 12, 2018, the House passed the bill by
unanimous consent. There was no action taken by the Senate.
(l) H.R. 6237, Intelligence Authorization Act for Fiscal Year 2018
On June 27, 2018, the Chairman of the Permanent Select
Committee on Intelligence, Devin Nunes, introduced H.R. 6237, a
bill to authorize appropriations for fiscal years 2018 and 2019
for intelligence and intelligence-related activities of the
United States Government, the Community Management Account, and
the Central Intelligence Agency Retirement and Disability
System, and for other purposes. On June 27, 2018, the House
referred the bill to the Permanent Select Committee on
Intelligence, and to the Committee on Ways and Means. On July
3, 2018, the Committee on Ways and Means discharged the bill.
On July 3, 2018, the House Committee on Intelligence
favorably reported the bill as amended by voice vote. On July
12, 2018, the House passed the bill by a recorded vote of 363-
54. There was no action taken by the Senate.
(m) H.R. 6742, Secure Border Communications Act
On September 7, 2018, Representative Brian J. Mast and the
Chairman of the House Committee on Homeland Security, Michael
McCaul, introduced H.R. 6742, a bill to amend the Homeland
Security Act of 2002 to ensure that appropriate officers and
agents of U.S. Customs and Border Protection are equipped with
secure radios or other two-way communication devices, supported
by system interoperability, and for other purposes. On
September 9, 2018, the bill was referred to the Committee on
Homeland Security, and to the Committee on Ways and Means. On
September 13, 2018, the Committee on Homeland Security held a
markup and favorably reported the bill by unanimous consent.
On September 24, 2018, Chairman Brady and Chairman McCaul
exchanged letters in which Chairman Brady asserted jurisdiction
under House Rule X but agreed to waive formal consideration of
the bill. On September 25, 2018, the Committee on Ways and
Means discharged the bill, and the House suspended the rules
and passed H.R. 6742 by voice vote. There was no action taken
by the Senate.
(n) H. Res. 357, Reaffirming the strategic partnership between the
United States and Canada, recognizing bilateral cooperation
that advances United States national interests, and urging
increased bilateral cooperation on security, economic issues,
and energy, and for other purposes.
On May 5, 2017, Representative Jeff Duncan and twenty-six
cosponsors introduced H. Res. 357, a resolution reaffirming the
strategic partnership between the United States and Canada,
recognizing bilateral cooperation that advances United States
national interests, and urging increased bilateral cooperation
on security, economic issues, and energy, and for other
purposes. The resolution was referred to the Committee on
Foreign Affairs, and to the Committee on Ways and Means.
On December 11, 2017, Chairman Brady and Chairman Royce
exchanged letters in which Chairman Brady asserted jurisdiction
but agreed to waive formal consideration of the resolution. On
December 12, 2017, the House agreed to suspend the rules and
pass the resolution as amended by voice vote.
(o) H. Res. 990, Supporting the officers and personnel who carry out
the important mission of the United States Immigration and
Customs Enforcement.
On July 11, 2018, Representative Clay Higgins and seventy-
four cosponsors introduced H. Res. 990, a resolution supporting
the officers and personnel who carry out the important mission
of the United States Immigration and Customs Enforcement. The
resolution was referred to the Committee on the Judiciary, and
to the Committees on Ways and Means, Homeland Security, and
Armed Services. On July 18, 2018, the House suspended the rules
and passed the resolution as amended by a vote of 244-35 with
133 Members voting present.
6. OTHER BILLS AND RESOLUTIONS CONSIDERED BY THE COMMITTEE
(a) H.R. 3548, Border Security for America Act of 2017
On July 28, 2017, Chairman of the House Committee on
Homeland Security, Michael McCaul, and seventy-seven cosponsors
introduced H.R. 3548, a bill to make certain improvements to
the security of the international borders of the United States,
and for other purposes. The bill was referred to the Committee
on Homeland Security, and in addition to the Committees on
Armed Services, Foreign Affairs, Natural Resources,
Agriculture, Transportation and Infrastructure, Ways and Means,
and Oversight and Government Reform.
On January 9, 2018, Chairman Brady and Chairman McCaul
exchanged letters in which Chairman Brady asserted jurisdiction
but agreed not to request a sequential referral on the bill. On
January 10, 2018, the Committees on Foreign Affairs, Natural
Resources, Agriculture, Oversight and Government Reform, and
Ways and Means discharged the bill. On March 23, 2018, the
House Committee on Armed Services discharged the bill and the
bill was placed on the calendar. There was no action taken by
the Senate.
(b) H. Res. 1018, Requesting the President to transmit to the House of
Representatives certain documents in the possession of the
President relating to the determination to impose certain
tariffs and to the strategy of the United States with respect
to China.
On July 24, 2018, Trade Subcommittee Ranking Member Bill
Pascrell Jr. and 7 cosponsors introduced H. Res. 1018, a
resolution requesting the President to transmit to the House of
Representatives certain documents in the possession of the
President relating to the determination to impose certain
tariffs and to the strategy of the United States with respect
to China. The resolution was referred to the Committee on Ways
and Means. On September 5, 2018, the Committee held a markup
and reported the bill without recommendation. On September 26,
2018, the Committee filed H. Rept. 115-979. No further action
was taken in the House.
7. NEGOTIATIONS WITH CANADA AND MEXICO
On January 31, 2017, the House Advisory Group on
Negotiations convened within 30 days of the convening of
Congress as required by the Bipartisan Congressional Trade
Priorities and Accountability (TPA) Act of 2015 to discuss the
trade agenda during the 115th Congress, including consulting
with USTR on the determination of appropriate negotiating
partners; the formulation of specific objectives, negotiating
strategies, and positions; and compliance and enforcement of
the negotiated commitments under U.S. trade agreements.
On March 16, 2017, the Committee met with Secretary of
Commerce Wilbur Ross and Acting United States Trade
Representative Stephen Vaughn to discuss the trade agenda.
On March 28, 2017, the Committee met with Secretary of
Commerce Wilbur Ross and Acting United States Trade
Representative Stephen Vaughn to discuss the trade agenda.
On March 21, 2017, the House Advisory Group on Negotiations
met with Secretary of Commerce Wilbur Ross and Acting United
States Trade Representative Stephen Vaughn to discuss the trade
agenda.
On March 28, 2017, the Committee met with Secretary of
Commerce Wilbur Ross and Acting United States Trade
Representative Stephen Vaughn to discuss the trade agenda.
On May 17, 2017, the Committee met with the United States
Trade Representative Robert Lighthizer and Secretary of
Commerce Wilbur Ross as required by TPA prior to sending to
Congress notification of intent to commence negotiations with
Canada and Mexico regarding modernization of the North American
Free Trade Agreement (NAFTA).
On May 17, 2017, the House Advisory Group on Negotiations
met with U.S. Trade Representative Robert Lighthizer and
Secretary of Commerce Wilbur Ross as required by TPA prior to
sending to Congress notification of intent to initiate
negotiations with Canada and Mexico regarding modernization of
NAFTA.
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were the
structure, content, and prospect for NAFTA negotiations.
Ambassador Robert Lighthizer testified before the Committee on
the Administration's views.
On July 17, 2017, the United States Trade Representative
sent to the Committee its summary of objectives for the NAFTA
renegotiation, as required by TPA.
On July 18, 2017, the Subcommittee on Trade held a hearing
on the Modernization of the North American Free Trade
Agreement. The purpose of the hearing was to analyze whether
NAFTA had been successful for the U.S. economy and job creation
with a focus on the U.S. manufacturing, agriculture, and
services sectors, and whether NAFTA could be renegotiated and
modernized to better address issues affecting U.S. workers,
business, and consumers. Testimony was received from (i) Tom
Linebarger, Chairman and Chief Executive Officer--Cummins,
Inc., (ii) Patrick J. Ottensmeyer, Chief Executive Officer--
Kansas City Southern, (iii) Dennis Arriola, Executive Vice
President--Corporate Strategy and External Affairs--Sempra
Energy, (iv) Celeste Drake, Trade and Globalization Policy
Specialist--AFL-CIO, (v) Jason Perdue, President--York County,
Nebraska Farm Bureau, (vi) Christine Bliss, President--
Coalition of Services Industries, (vii) Stan Ryan, Chief
Executive Officer and President--Darigold, Inc., (viii) Althea
Erickson, Senior Director--Global Advocacy and Policy--Etsy,
Inc., and (ix) Susan Helper, Frank Tracy Carlton Professor of
Economics--Case Western Reserve University.
On August 16-20, 2017, the Committee participated in the
first round of negotiations with Mexico and Canada in
Washington, D.C. Committee staff met with U.S. stakeholders and
officials from USTR.
On September 2-5, 2017, the Committee conducted a
bipartisan staff delegation to Mexico City, Mexico, to
participate in the second round of negotiations with Mexico and
Canada and to meet with officials from those countries, U.S.
officials, and stakeholders.
On September 24-27, 2017, the Committee conducted a
bipartisan staff delegation to Ottawa, Canada, to participate
in the third round of negotiations and to meet with officials
from those countries, U.S. officials, and stakeholders.
On October 13-17, 2017, the Committee participated in the
fourth round of negotiations in Arlington, Virginia. Committee
staff met with officials from Mexico and Canada, U.S.
officials, and stakeholders.
On November 17, 2017, the United States Trade
Representative sent to the Committee its updated summary of
objectives for the NAFTA renegotiation, as required by TPA.
On November 18-21, 2017, the Committee conducted a
bipartisan staff delegation to Mexico City, Mexico, to
participate in the fifth round of negotiations and to meet with
officials from those countries, U.S. officials, and
stakeholders.
On January 26-29, 2018, Trade Subcommittee Chairman Dave
Reichert led a bipartisan Congressional delegation to Montreal,
Canada, to participate in the sixth round of negotiations and
to meet with officials and stakeholders from the United States,
Canada, and Mexico.
On February 7, 2018, the Committee met with Ambassador
Lighthizer to discuss the U.S. trade policy including
negotiations with Mexico and Canada.
On March 2-5, 2018, Chairman Kevin Brady led a bipartisan
Congressional delegation to Mexico City, Mexico, to participate
in the seventh round of negotiations and to meet with officials
and stakeholders from the United States, Canada, and Mexico.
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were the
structure, content, and prospect for negotiations with Mexico
and Canada. Ambassador Robert Lighthizer testified before the
Committee on the Administration's views on these issues.
On June 6, 2018, the Committee met with Ambassador
Lighthizer to discuss trade developments, including progress on
the negotiations with Canada and Mexico.
On August 31, 2018, Ambassador Lighthizer sent a letter
under TPA notifying Congress of his intent to sign a trade
agreement with Mexico, and Canada if it is willing, after 90
days.
On September 27, 2018, the Committee met with Ambassador
Lighthizer to discuss the trade agenda, including Member views
on the negotiations, as required by TPA prior to signing the
agreement.
On September 27, 2018, the House Advisory Group on
Negotiations met with Ambassador Lighthizer to discuss the
trade agenda, including Member views on the negotiations, as
required by TPA prior to signing the agreement.
On September 30, 2018, the Administration posted the text
of the United States--Mexico--Canada Agreement (USMCA) on a
publicly-available website.
On October 2, 2018, the Committee had a bipartisan call
with Ambassador Lighthizer to discuss the USMCA.
On November 30, 2018, the USMCA was signed.
Throughout the 115th 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.
8. UNITED STATES--KOREA FREE TRADE AGREEMENT AMENDMENTS AND
MODIFICAITONS
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were
modifications to the United States - Korea Free Trade
Agreement. Ambassador Robert Lighthizer testified before the
Committee on the Administration's views.
On July 14, 2017, Chairman Kevin Brady and Ranking Member
Richard Neal, along with Senate Finance Chairman Orrin Hatch
and Ranking Member Ron Wyden, sent a letter to Ambassador
Lighthizer urging the Administration to consult closely with
Congress before meeting with Korea regarding possible
amendments and modifications to the United States--Korea Free
Trade Agreement.
On October 11, 2017, the Trade Subcommittee held a hearing
entitled ``Opportunities to Expand U.S. Trade Relationships in
the Asia-Pacific Region.'' The purpose of the hearing was to
examine the opportunities for U.S. manufacturers, services
providers, farmers, ranchers, fishermen, workers, and consumers
in the Asia-Pacific region, including Korea; explore how to
expand and improve our access to the markets in the region
through existing and new trade agreements; and analyze the
impact of unfair trade practices of countries in the Asia-
Pacific region on U.S. workers and businesses. Testimony was
received from (i) Matthew Goodman, William E. Simon Chair in
Political Economy & Senior Adviser for Asian Economics - Center
for Strategic and International Studies, (ii) Kelley Sullivan,
Owner and Operator - Santa Rosa Ranch, (iii) Demetrios
Marantis, Senior Vice President and Head of Global Government
Relations - Visa Inc., (iv) Stefanie Moreland, Director of
Government Relations and Seafood Sustainability--Trident
Seafoods Inc., and (v) Scott Paul, President--Alliance for
American Manufacturing.
On November 6-11, 2017, the Committee conducted a
bipartisan staff delegation to the Asia-Pacific Economic
Cooperation (APEC) Ministerial meeting in Da Nang, Vietnam to
meet with officials from APEC countries (including Korea) and
U.S. officials.
On February 7, 2018, the Committee met with Ambassador
Lighthizer to discuss the U.S. trade policy agenda, including
the United States--Korea Free Trade Agreement (KORUS).
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were
modifications to KORUS. Ambassador Robert Lighthizer testified
before the Committee on the Administration's views.
On June 13, 2018, the United States Trade Representative
sent to the Committee a report regarding certain proposed
modifications to be made to the United States--Korea Free Trade
Agreement. Sending this report commenced a 60-day Congressional
consultation and layover period with respect to the
modifications to the agreement, which ended on August 12, 2018.
On September 24, 2018, President Trump and Korean President
Moon Jae-In signed the modifications to the agreement. The
Korean National Assembly commenced its domestic procedures for
consideration of the modifications.
On November 12-17, 2018, the Committee conducted a
bipartisan staff delegation to the 2018 APEC Ministerial in
Port Moresby, Papua New Guinea to meet with officials from APEC
countries and U.S. officials.
9. TARIFF ACTIONS TAKEN UNDER SECTIONS 232 AND 301
On July 27, 2017, the Committee met with Secretary of
Commerce Wilbur Ross to discuss the ongoing investigations into
the national security impact of imports of steel and aluminum
products under section 232 of the Trade Expansion Act of 1962.
On February 7, 2018, the Committee met with Ambassador
Lighthizer to discuss the U.S. trade policy agenda, including
the ongoing investigation on the practices of the Government of
China related to technology transfer, intellectual property,
and innovation under section 301 of the Trade Act of 1974.
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered was the
ongoing investigation on the practices of the Government of
China related to technology transfer, intellectual property,
and innovation under section 301 of the Trade Act of 1974.
Ambassador Robert Lighthizer testified before the Committee on
the Administration's views.
On March 22, 2018, the Committee held a hearing with the
Secretary of Commerce, Wilbur Ross. The hearing focused on
trade matters within the Department of Commerce's purview,
particularly the section 232 determinations on steel and
aluminum.
On April 12, 2018, the Committee held a hearing entitled
``The Effects of Tariff Increases on the U.S. Economy and
Jobs.'' Testimony was received from (i) Kevin Kennedy,
President--Kennedy Fabricating, (ii) John Wolfe, Chief
Executive Officer--NW Seaport Alliance, (iii) Roger Newport,
Chief Executive Officer--AK Steel Corporation, (iv) John
Heisdorffer, President--American Soybean Association, (v)
Calvin Dooley, President and Chief Executive Officer--American
Chemistry Council, (vi) Ann Wilson, Senior Vice President--
Motor and Equipment Manufacturers Association, and (vii) Scott
Paul, President--Alliance for American Manufacturing.
On July 18, 2018, the Trade Subcommittee held a hearing
entitled ``The Effects of Tariffs on U.S. Agriculture and Rural
Communities.'' The purpose of the hearing was to examine the
effects on American agriculture and rural communities of U.S.
tariffs imposed under both Sections 232 and 301 as well as
retaliation by other countries against U.S. exports. Testimony
was received from (i) Cass Gebbers, President and CEO--Gebbers
Farms, (ii) Russell Boening, Owner--Loma Vista Farms and
Boening Bros. Dairy Inc.; President--Texas Farm Bureau (iii)
Kevin Paap, President--Minnesota Farm Bureau, (iv) Scott
VanderWal, Secretary and Treasurer--Vanderwal Farms; Vice
President--American Farm Bureau Federation; President--South
Dakota Farm Bureau, (v) Michelle Erickson-Jones, Co-owner--
Gooseneck Land and Cattle; President--Montana Grain Growers
Association, and (vi) Jared Bernstein, Senior Fellow--Center on
Budget and Policy Priorities.
On July 24, 2018, the Trade Subcommittee held a hearing
entitled ``Product Exclusion Process for Section 232 Tariffs on
Steel and Aluminum.'' The purpose of the hearing was to examine
the experiences of U.S. companies navigating the process for
requesting product exclusions from Section 232 tariffs and
quotas on steel and aluminum and to investigate the impact of
the exclusion process on affected stakeholders. Testimony was
received from (i) Brian Semcer, President--MICRO, (ii) Willie
Chang, Executive Vice President, Chief Operating Officer, and
Director--Plains All American GP LLC, (iii) Rick Huether,
President, CEO, and Chairman--Independent Can Company, (iv)
Todd Adams, President--Sanitube LLC; Vice President--Stainless
Imports Inc., and (v) Roy Houseman, Legislative
Representative--United Steelworkers.
On June 6, 2018, the Committee met with Ambassador
Lighthizer to discuss trade developments, including tariffs
imposed on China under section 301 of the Trade Act of 1974 and
China's retaliatory tariffs.
10. OTHER REGIONAL ISSUES
Japan
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were
potential new free trade agreement partners, including Japan.
Ambassador Robert Lighthizer testified before the Committee on
the Administration's views.
On October 11, 2017, the Trade Subcommittee held a hearing
entitled ``Opportunities to Expand U.S. Trade Relationships in
the Asia-Pacific Region.'' The purpose of the hearing was to
examine the opportunities for U.S. manufacturers, services
providers, farmers, ranchers, fishermen, workers, and consumers
in the Asia-Pacific region; explore how to expand and improve
our access to the markets in the region through existing and
new trade agreements; and analyze the impact of unfair trade
practices of countries in the Asia-Pacific region on U.S.
workers and businesses. Testimony was received from (i) Matthew
Goodman, William E. Simon Chair in Political Economy & Senior
Adviser for Asian Economics--Center for Strategic and
International Studies, (ii) Kelley Sullivan, Owner and
Operator--Santa Rosa Ranch, (iii) Demetrios Marantis, Senior
Vice President and Head of Global Government Relations--Visa
Inc., (iv) Stefanie Moreland, Director of Government Relations
and Seafood Sustainability--Trident Seafoods Inc., and (v)
Scott Paul, President--Alliance for American Manufacturing.
On November 6-11, 2017, the Committee conducted a
bipartisan staff delegation to the APEC Ministerial meeting in
Da Nang, Vietnam, to meet with officials from APEC countries
and U.S. officials.
On March 21, 2018, the Committee held a hearing on the U.S.
trade policy agenda. Among the trade issues covered were
potential new free trade agreement partners, including Japan.
Ambassador Robert Lighthizer testified before the Committee on
the Administration's views.
On September 27, 2018, the Committee met with Ambassador
Lighthizer as required by TPA prior to sending notification of
intent to commence negotiations with Japan.
On September 27, 2018, the House Advisory Group on
Negotiations met with Ambassador Lighthizer as required by TPA
prior to sending notification of intent to commence
negotiations with Japan.
On October 16, 2018, Ambassador Lighthizer sent a letter as
required by TPA notifying Congress of his intent to commence
trade negotiations with Japan after 90 days.
On November 12-17, 2018, the Committee conducted a
bipartisan staff delegation to the 2018 APEC Ministerial in
Port Moresby, Papua New Guinea to meet with officials from APEC
countries and U.S. officials.
On December 21, 2018, the United States Trade
Representative sent to the Committee its summary of objectives
for negotiations with Japan, as required by TPA.
Throughout the 115th Congress, Committee staff held
consultations with USTR to discuss trade relations with Japan
and to provide Member views.
United Kingdom
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were
potential new free trade agreement partners, including the
United Kingdom. Ambassador Robert Lighthizer testified before
the Committee on the Administration's views.
On February 17-20, 2018, the Committee conducted a
bipartisan staff delegation to the United Kingdom to discuss
the U.S.-U.K. trading relationship and Brexit issues with U.K.
officials.
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were
potential new free trade agreement partners, including the
United Kingdom. Ambassador Robert Lighthizer testified before
the Committee on the Administration's views.
On September 27, 2018, the Committee met with Ambassador
Lighthizer as required by TPA prior to sending notification of
intent to commence negotiations with the United Kingdom.
On September 27, 2018, the House Advisory Group on
Negotiations met with Ambassador Lighthizer as required by TPA
prior to sending notification of intent to commence
negotiations with the United Kingdom.
On October 16, 2018, Ambassador Lighthizer sent a letter as
required by TPA notifying Congress of his intent to commence
trade negotiations with the United Kingdom after 90 days.
Throughout the 115th Congress, Committee staff held
consultations with USTR to discuss trade relations with the UK
and to provide Member views.
European Union
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were
potential new free trade agreement partners, including the
European Union. Ambassador Robert Lighthizer testified before
the Committee on the Administration's views.
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were
potential new free trade agreement partners, including the
European Union. Ambassador Robert Lighthizer testified before
the Committee on the Administration's views.
On September 27, 2018, the Committee met with Ambassador
Lighthizer as required by TPA prior to sending notification of
intent to commence negotiations with the European Union.
On September 27, 2018, the House Advisory Group on
Negotiations met with Ambassador Lighthizer as required by TPA
prior to sending notification of intent to commence
negotiations with the European Union.
On October 16, 2018, Ambassador Lighthizer sent a letter as
required by TPA notifying Congress of his intent to commence
trade negotiations with the European Union after 90 days.
Throughout the 115th Congress, Committee staff held
consultations with USTR to discuss trade relations with the EU
and to provide Member views.
China
On April 5, 2017, Chairman Kevin Brady and Ranking Member
Richard Neal along with Senate Finance Chairman Orrin Hatch and
Ranking Member Ron Wyden sent a letter to President Trump ahead
of President Xi's visit identifying several areas of concern in
the U.S.-China trading relationship and urging President Trump
to raise them with President Xi. These concerns included market
distorting behavior harming American manufacturers,
discriminatory and distortive technology policies, weak
protection of intellectual property, barriers to U.S.
agriculture exports, currency and exchange rate policies,
retaliatory policies, and nontransparent legal regimes.
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered was the
U.S.-China trading relationship. Ambassador Robert Lighthizer
testified before the Committee on the Administration's views.
On July 27, 2017, the Committee met with Secretary of
Commerce Wilbur Ross to discuss the ongoing investigations into
the national security impact of imports of steel and aluminum
products under section 232 of the Trade Expansion Act of 1962
and the impact of Chinese overcapacity of steel and aluminum on
U.S. workers and companies.
On October 11, 2017, the Trade Subcommittee held a hearing
entitled ``Opportunities to Expand U.S. Trade Relationships in
the Asia-Pacific Region.'' The purpose of the hearing was to
examine the opportunities for U.S. manufacturers, services
providers, farmers, ranchers, fishermen, workers, and consumers
in the Asia-Pacific region; explore how to expand and improve
our access to the markets in the region through existing and
new trade agreements; and analyze the impact of unfair trade
practices of countries in the Asia-Pacific region on U.S.
workers and businesses. Testimony was received from (i) Matthew
Goodman, William E. Simon Chair in Political Economy & Senior
Adviser for Asian Economics--Center for Strategic and
International Studies, (ii) Kelley Sullivan, Owner and
Operator--Santa Rosa Ranch, (iii) Demetrios Marantis, Senior
Vice President and Head of Global Government Relations--Visa
Inc., (iv) Stefanie Moreland, Director of Government Relations
and Seafood Sustainability--Trident Seafoods Inc., and (v)
Scott Paul, President--Alliance for American Manufacturing.
On February 7, 2018, the Committee met with Ambassador
Lighthizer to discuss the U.S. trade policy agenda, including
the ongoing investigation on the practices of the Government of
China related to technology transfer, intellectual property,
and innovation under section 301 of the Trade Act of 1974.
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered was the
ongoing investigation on the practices of the Government of
China related to technology transfer, intellectual property,
and innovation under section 301 of the Trade Act of 1974.
Ambassador Robert Lighthizer testified before the Committee on
the Administration's views.
On March 22, 2018, the Committee held a hearing with the
Secretary of Commerce, Wilbur Ross. The hearing focused on
trade matters within the Department of Commerce's purview,
particularly the section 232 determinations on steel and
aluminum.
On June 6, 2018, the Committee met with Ambassador
Lighthizer to discuss trade developments, including tariffs
imposed on China under section 301 of the Trade Act of 1974 and
China's retaliatory tariffs.
The Committee also engaged in frequent Member and staff
consultations with USTR and the Department of Commerce
regarding the Section 232 and 301 investigations and World
Trade Organization (WTO) disputes with respect to China.
India
On June 23, 2017, Chairman Kevin Brady and Ranking Member
Richard Neal along with Senate Finance Chairman Orrin Hatch and
Ranking Member Ron Wyden sent a letter to President Trump ahead
of Prime Minister Modi's visit urging the President to
prioritize the elimination of Indian trade and investment
barriers that significantly harm American business and workers.
The Committee also engaged in frequent Member and staff
consultations with USTR and ITC regarding ongoing U.S.-India
trade issues.
Developing countries and trade preferences
On August 7-11, 2017, the Committee conducted a staff
delegation to Lome, Togo, to participate in the 2017 AGOA Forum
and to meet with officials from participating countries and
U.S. officials.
On February 8, 2018, Trade Subcommittee Chairman Dave
Reichert, Trade Subcommittee Ranking Member Bill Pascrell Jr.,
Chairman Kevin Brady, Ranking Member Richard Neal, Trade
Subcommittee Ranking Member Bill Pascrell Jr. and eight
cosponsors introduced H.R. 4979, to extend the Generalized
System of Preferences and to make technical changes to the
competitive need limitations provision of the program. The bill
was referred to the Committee on Ways and Means. The House
suspended the rules and passed the bill on February 13, 2018 by
a vote of 400-2. H.R. 4979 was later incorporated into H.R.
1625, the ``Consolidated Appropriations Act of 2018,'' which
was signed into law on March 23, 2018 and became Public Law
115-141.
On July 12, 2018, Trade Subcommittee Chairman Dave
Reichert, Trade Subcommittee Ranking Member Bill Pascrell Jr.,
Representative Erik Paulsen, Representative Suzan DelBene,
Representative Terri Sewell, and committee staff participated
in the 2018 AGOA Forum in Washington, D.C.
The Committee also engaged in frequent Member and staff
consultations with USTR and other relevant agencies regarding
all U.S. trade preference programs.
11. AGRICULTURE
On October 11, 2017, the Trade Subcommittee held a hearing
entitled ``Opportunities to Expand U.S. Trade Relationships in
the Asia-Pacific Region.'' The purpose of the hearing was to
examine the opportunities for U.S. manufacturers, services
providers, farmers, ranchers, fishermen, workers, and consumers
in the Asia-Pacific region; explore how to strengthen the U.S.
job market by expanding and improving our access to the markets
in the region through existing and new trade agreements; and
analyze the impact of unfair trade practices of countries in
the Asia-Pacific region on U.S. workers and businesses.
Testimony was received from (i) Matthew Goodman, William E.
Simon Chair in Political Economy & Senior Adviser for Asian
Economics--Center for Strategic and International Studies, (ii)
Kelley Sullivan, Owner and Operator--Santa Rosa Ranch, (iii)
Demetrios Marantis, Senior Vice President and Head of Global
Government Relations--Visa Inc., (iv) Stefanie Moreland,
Director of Government Relations and Seafood Sustainability--
Trident Seafoods Inc., and (v) Scott Paul, President--Alliance
for American Manufacturing.
On April 12, 2018, the Committee held a hearing entitled
``The Effects of Tariff Increases on the U.S. Economy and
Jobs.'' Testimony was received from (i) Kevin Kennedy,
President--Kennedy Fabricating, (ii) John Wolfe, Chief
Executive Officer--NW Seaport Alliance, (iii) Roger Newport,
Chief Executive Officer--AK Steel Corporation, (iv) John
Heisdorffer, President--American Soybean Association, (v)
Calvin Dooley, President and Chief Executive Officer--American
Chemistry Council, (vi) Ann Wilson, Senior Vice President--
Motor and Equipment Manufacturers Association, and (vii) Scott
Paul, President--Alliance for American Manufacturing.
On July 18, 2018, the Trade Subcommittee held a hearing
entitled ``The Effects of Tariffs on U.S. Agriculture and Rural
Communities.'' The purpose of the hearing was to examine the
effects on American agriculture and rural communities of U.S.
tariffs imposed under both Sections 232 and 301 as well as
retaliation by other countries against U.S. exports. Testimony
was received from (i) Cass Gebbers, President and CEO--Gebbers
Farms, (ii) Russell Boening, Owner--Loma Vista Farms and
Boening Bros. Dairy Inc.; President--Texas Farm Bureau (iii)
Kevin Paap, President--Minnesota Farm Bureau, (iv) Scott
VanderWal, Secretary and Treasurer--Vanderwal Farms; Vice
President--American Farm Bureau Federation; President--South
Dakota Farm Bureau, (v) Michelle Erickson-Jones, Co-owner--
Gooseneck Land and Cattle; President--Montana Grain Growers
Association, and (vi) Jared Bernstein, Senior Fellow--Center on
Budget and Policy Priorities.
12. WORLD TRADE ORGANIZATION (WTO)
On December 9-14, 2017, the Committee conducted a
bipartisan staff delegation to Buenos Aires, Argentina, to
participate in the 11th WTO Ministerial Meeting and to meet
with officials from other participating countries and U.S.
officials.
On October 1-5, 2018, the Committee conducted a bipartisan
staff delegation to Geneva, Switzerland, to participate in the
WTO Public Forum and to meet with officials from other
participating countries and U.S. officials.
The Committee held frequent Member and staff consultations
with USTR concerning the ongoing negotiations, including
negotiations on e-commerce and fish subsidies, as well as WTO
reform. The Committee also held regular Member and staff
consultations with USTR regarding ongoing disputes being
adjudicated at the WTO.
13. MISCELLANEOUS TARIFF BILL (MTB)
On June 9, 2017, the Committee received from the U.S.
International Trade Commission (ITC) the preliminary report on
miscellaneous tariff petitions it received under the American
Manufacturing Competitiveness Act of 2016.
On July 21, 2017, Chairman Kevin Brady and Ranking Member
Richard Neal, along with Senate Finance Chairman Orrin Hatch
and Ranking Member Ron Wyden, sent a letter to the ITC
providing comments on the MTB preliminary report in preparation
for the issuance of the final report.
On August 8, 2017, the Committee received from the ITC the
final report on miscellaneous tariff petitions it received
under the American Manufacturing Competitiveness Act of 2016.
On October 25, 2018, the Subcommittee on Trade held a
hearing on the MTB. The purpose of the hearing was to
investigate 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. The
Subcommittee heard testimony from (i) Cindy Smith, Agriculture
Relations Director--Gowan USA, (ii) Edward V. McAsey, Chief
Operating Officer--Lasko Products LLC, and (iii) Michael
Ratchford, Government Relations Associate--W.L. Gore &
Associates.
On November 9, 2017, Chairman Kevin Brady, Ranking Member
Richard Neal, Trade Subcommittee Chairman Dave Reichert, Trade
Subcommittee Ranking Member Bill Pascrell Jr. and twenty-seven
cosponsors introduced H.R. 4318, a bill to amend the Harmonized
Tariff Schedule of the United States to modify temporarily
certain rates of duty. The bill was referred to the Committee
on Ways and Means.
The House suspended the rules and passed the bill on
January 18, 2018, by a recorded vote of 402-0. On July 26,
2018, the Senate passed the bill with amendments by voice vote.
On September 4, 2018, the House suspended the rules and agreed
to the Senate amendments by voice vote. The bill was signed
into law on September 13, 2018 and became Public Law 115-239.
The Committee consulted heavily with the U.S. International
Trade Commission, the Department of Commerce, and U.S. Customs
and Border Protection, as well as petitioners and other
stakeholders, throughout the process.
C. Legislative Review of Health Issues
1. BILLS ENACTED INTO LAW DURING THE 115TH CONGRESS
a. Know the Lowest Price Act of 2018 (P.L. 115-262)
On March 14, 2018, Senator Debbie Stabenow and fifteen
cosponsors introduced S. 2553, a bill to amend title XVIII of
the Social Security Act to prohibit Medicare part D plans from
restricting pharmacies from informing individuals regarding the
prices for certain drugs and biologicals. On September 4, 2018,
the Senate Committee on Finance discharged the bill by
unanimous consent and the bill passed the Senate with an
amendment and an amendment to the title by unanimous consent
(CR: S6033). On September 5, 2018 the message on Senate action
was sent and received in the House. On September 25, 2018,
Representative Michael C. Burgess moved to suspend the rules
and pass the bill. The bill was considered under suspension of
the rules and was agreed to by a voice vote in the House on
September 25, 2018 (CR H8799). On October 4, 2018, the bill was
presented to the President. S. 2553 became Public Law No. 115-
262 on October 10, 2018.
This bill prohibits a prescription drug plan under Medicare
or Medicare Advantage from restricting a pharmacy from
informing an enrollee of any difference between the price,
copayment, or coinsurance of a drug under the plan and a lower
price of the drug without health-insurance coverage.
b. SUPPORT for Patients and Communities Act (P.L. 115-271)
On June 13, 2018, the Chairman of the House Energy and
Commerce Committee, Greg Walden, introduced H.R. 6, a bill to
provide for opioid use disorder prevention, recovery, and
treatment, and for other purposes. On June 22, 2018 H.R. 6
passed the House by the Yeas and Nays: 396-14 (Roll no. 288).
The senate passed H.R. 6 with an amendment by a Yea-Nay Vote:
99-1 (Record Vote Number: 21. The House agreed to the Senate
amendment with an amendment pursuant to H. Res. 1099 on
September 28, 2018. The Senate agreed on October 3, 2018, to
the House amendment to the Senate amendment to H.R. 6. by Yea-
Nay Vote. 98-1 (Record Vote Number: 221).
H.R. 6 includes Medicaid, Medicare, and public health
reforms to combat the opioid crisis by advancing treatment and
recovery initiatives, improving prevention, protecting
communities, and bolstering efforts to combat illicit synthetic
drugs like fentanyl.
c. Bipartisan Budget Act of 2018 (P.L. 115-123)
On April 4, 2017, Representative John Larson and ten
cosponsors introduced H.R. 1892, the Bipartisan Budget Act of
2018. On May 15, 2017, the House Committee on Judiciary held a
markup and favorably reported the bill as amended. On May 18,
2017, the House passed the bill by the Yeas and Nays: 411-1
(Roll no. 266). On November 28, 2017, the Senate passed the
bill with an amendment by Unanimous Consent. On February 6,
2018, the House passed the bill with resolving differences on
motion that the House agree with an amendment to the Senate
amendment agreed to by the Yeas and Nays: 245-182 (Roll no.
60). On February 9, 2018, the Senate passed the bill with
resolving differences to concur in the House amendment to the
Senate amendment to H.R. 1892 with an amendment (SA 1930) by
the Yeas and Nays: 71-28 (Record Vote Number: 31). On February
9, 2018, the House passed the bill with resolving differences
on motion that the House agree to the Senate amendment to the
House amendment to the Senate amendment agreed to by recorded
vote: 240-186 (Roll no. 69). On February 9, 2018, the bill was
presented to the President. H.R. 1892 became Public Law No.
115-123 on February 9, 2018. (See also: Human Resources
legislation page 66).
The Bipartisan Budget Act of 2018 contains a number of
common-sense Medicare policies that make a series of targeted
improvements to Medicare Part B programs, including expanding
access to in-home treatments for patients. The bill also
contains Medicare extenders and other Medicare-related
policies, including those in the CHRONIC Care Act.
d. Omnibus Appropriation (Pub. L. 115-245) and Related Action Under
H.R. 5874, the Restoring Accountability in the Indian Health
Service Act of 2018
On May 18, 2018, Rep. Kristi Noem introduced H.R. 5874, the
Restoring Accountability in the Indian Health Service Act of
2018, to offer better tools for recruiting competent medical
staff and leadership, improve care standards, and increase
accountability of the Indian Health Service. On June 4, 2018,
it was referred to the Ways and Means Subcommittee on Health.
On June 13, 2018, it was marked up and passed by voice vote
under the Committee on Natural Resources.
Under section 110 of H.R. 5874, certain (non-Indian Health
Service) hospitals were erroneously approved for Medicare
inpatient hospital low-volume payment adjustment (LVA) status
by the hospital's respective Medicare Administrative Contractor
beginning in FY2011 due to their proximity to a neighboring
Indian Health Service (IHS) hospital. This includes two
hospitals located in Mississippi and Alaska that owe CMS about
$4 million. Under the statute, to be eligible for LVA status, a
hospital must have fewer than 1,600 Medicare discharges during
a fiscal year and be more than 15 miles from the nearest
``like'' subsection (d) hospital. In the latest FY2018 IPPS
payment rule, CMS changed its regulations surrounding the 15-
mile criteria for proximate IHS and non-IHS hospitals. This
regulatory change fixed the problem for both hospitals
prospectively. However, a provision was included in the FY 2019
Omnibus that would apply CMS's new regulation retroactively, in
order to restore all LVA payments to these two hospitals dating
back to 2011. Thus, section 110 of H.R. 5874 was passed into
law under Pub. L. 115-245. The FY 2019 Omnibus, H.R. 6157,
passed the House by the Yeas and Nays: 361-61 (Roll no. 405) on
September 26, 2018.
2. HEALTH CARE PROPOSALS DURING THE 115TH CONGRESS
(a) H.R. 849, Protecting Seniors Access to Medicare Act
On February 3, 2017, Representative David P. Roe and two
hundred and seventy cosponsors introduced H.R. 849, a bill to
repeal the provisions of the Patient Protection and Affordable
Care Act providing for the Independent Payment Advisory Board.
On October 31, 2017, the Committee held a markup and favorably
reported the bill as amended (H. Rept. 115-373). The House
Committee on Energy and Commerce and Committee on Rules
discharged H.R. 849 on October 31, 2017. On November 2, 2017,
the House passed the bill by the Yeas and Nays: 307-111 (Roll
no. 604). The bill was referred to the Senate on November 6,
2017.
H.R. 849, as amended, would repeal section 3403 and 10320
of the ACA, including the amendments made by these sections.
Beginning in 2014, the IPAB is tasked with making
recommendations to cut per capita Medicare spending if such
spending exceeds certain economic growth targets. The Secretary
of HHS is directed to implement the Board's proposals
automatically unless Congress affirmatively acts to alter the
Board's proposals or to discontinue the automatic
implementation of such proposals. Under the proposed
legislation, the IPAB would be repealed.
(c) H.R. 1148, Furthering Access to Stroke Telemedicine (FAST) Act of
2017
On February 16, 2017, Representative Morgan Griffith and
one hundred and seventy-seven cosponsors introduced H.R. 1148,
a bill to amend title XVIII of the Social Security Act to
expand access to telehealth-eligible stroke services under the
Medicare program. On December 6, 2017, the House Committee on
Energy and Commerce favorably reported the bill as amended and
the House Committee on Ways and Means discharged the bill.
H.R. 1148 would expand the ability of patients presenting
at hospitals or at mobile stroke units to receive a Medicare
reimbursed neurological consultation via telemedicine. H.R.
1148 would expand the use of remote (telehealth) services for
Medicare stroke patients located in non-rural areas. CBO
estimates that enacting H.R. 1148 would increase direct
spending by $180 million over the 2018-2027 period.
(d) H.R. 1313, Preserving Employee Wellness Programs Act
On March 2, 2017, the Chairman of the House Committee on
Education and the Workforce, Virginia Foxx, and seven
cosponsors introduced H.R. 1313. The House Committee on
Education and the Workforce favorably reported the bill as
amended on December 11, 2017. The House Committee on Energy and
Commerce and the House Committee on Ways and Means discharged
the bill on December 11, 2017.
H.R. 1313, the Preserving Employee Wellness Programs Act,
clarifies that if an employer-sponsored wellness program
complies with the Patient Protection and Affordable Care Act
(ACA) and its regulations, the program will be considered to
comply with the applicable sections of the Americans with
Disabilities Act of 1990 (ADA) or the Genetic Information
Nondiscrimination Act of 2008 (GINA) relating to wellness
programs. The bill also clarifies that offering an incentive to
provide medical information for an employee's family member who
is voluntarily participating in the wellness program does not
violate GINA.
(e) H.R. 1628, American Health Care Act of 2017
On March 8, 2017, the House Committee on Ways and Means
favorably reported budget reconciliation recommendations to
repeal and replace Obamacare. On March 20, 2017, Representative
Diane Black introduced the American Health Care Act of 2017. On
March 20, 2017, the House Committee on Budget favorably
reported an original measure. On May 4, 2017, the House passed
the bill by the Yeas and Nays: 217-213 (Roll no. 256).
(f) H.R. 2372, VETERAN Act
On May 4, 2017, Representative Sam Johnson and ten
cosponsors introduced H.R. 2372, a bill to amend the Internal
Revenue Code of 1986 to clarify the rules relating to veteran
health insurance and eligibility for the premium tax credit.
The House Committee on Ways and Means held a markup and
favorably reported the bill as amended by voice vote June 2,
2017. The House passed the bill as amended by voice vote on
June 15, 2017. (See also: Tax legislation page 11).
H.R. 2372 codifies a Treasury regulation, under which, for
purposes of eligibility for the premium tax credit under
section 36B of the Internal Revenue Code, an individual is not
considered eligible for certain health care programs of the
United States Department of Veterans Affairs unless enrolled in
the program. In addition, H.R. 2372, as reported by the
Committee on Ways and Means, amends H.R. 1628, the American
Health Care Act of 2017, as passed by the House of
Representatives on May 4, 2017, to provide a similar rule with
respect to a new credit for the purchase of health insurance
(effective for months beginning after December 31, 2019, in
taxable years ending after that date).
(g) H.R. 2465, Steve Gleason Enduring Voices Act of 2017
On May 16, 2017, Representative Cathy McMorris Rodgers and
ninety-one cosponsors introduced H.R. 2465, a bill to mend
title XVIII of the Social Security Act to make permanent the
removal of the rental cap for durable medical equipment under
the Medicare program with respect to speech generating devices.
On December 18, 2017, the House Committee on Energy and
Commerce favorably reported the bill and the House Committee on
Ways and Means discharged the bill.
H.R. 2465 would make coverage of speech generating devices
under ``routinely purchased durable medical equipment''
permanent under the Medicare program.
(h) H.R. 2557, Prostate Cancer Misdiagnosis Elimination Act of 2017
On May 19, 2017, Representative Larry Bucshon and six
cosponsors introduced H.R. 2557, a bill to amend title XVIII of
the Social Security Act to provide for coverage under the
Medicare program of certain DNA Specimen Provenance Assay
clinical diagnostic laboratory tests. On December 6, 2017, the
House Committee on Energy and Commerce favorably reported the
bill as amended and the House Committee on Ways and Means
discharged the bill.
H.R. 2557 would provide Medicare coverage of DNA Specimen
Provenance Assay (DPSA) testing for positive prostate biopsy
tests to ensure that there are no specimen provenance
complications.
(i) H.R. 2579, Broader Options for Americans Act
On May 19, 2017, Representative Patrick J. Tiberi
introduced H.R. 2579, a bill to amend the Internal Revenue Code
of 1986 to allow the premium tax credit with respect to
unsubsidized COBRA continuation coverage. The House Committee
on Ways and Means held a markup and favorably reported the bill
as amended June 2, 2017. The House passed the bill by the Yeas
and Nays: 267-144 (Roll no. 308) on June 13, 2017. (See also:
Tax legislation page 11).
H.R. 2579 amends section 214 of H.R. 1628, the American
Health Care Act of 2017, as passed by the House of
Representatives on May 4, 2017, which provides a tax credit
under the Internal Revenue Code for the purchase of health
insurance in the individual market, so that the credit is
available also with respect to unsubsidized COBRA continuation
coverage under an employer-sponsored health plan.
(j) H.R. 2581, Verify First Act
On May 22, 2017, Representative Lou Barletta and eight
cosponsors introduced H.R. 2581, a bill to amend the Internal
Revenue Code of 1986 to require the provision of social
security numbers as a condition of receiving the health
insurance premium tax credit. The House Committee on Ways and
Means held a markup and favorably reported the bill as amended
June 2, 2017. On June 2, 2017, the House Committee on Energy
and Commerce discharged the bill. The House passed the bill by
the Yeas and Nays: 238-184 (Roll no. 306) on June 13, 2017.
H.R. 2581 amends the premium tax credit under section 36B
of the Internal Revenue Code, to specify that advance payments
of the credit are not to be made with respect to an individual
unless the Secretary of the Treasury has confirmed with the
Secretary of Health and Human Services that the individual's
status as a citizen or national of the United States, or as
lawfully present in the United States, has been verified. In
addition, H.R. 2581, as reported by the Committee on Ways and
Means, amends H.R. 1628, the American Health Care Act of 2017,
as passed by the House of Representatives on May 4, 2017, to
provide a similar rule with respect to advance payments of a
new credit for the purchase of health insurance (effective for
months beginning after December 31, 2019, in taxable years
ending after that date).
(k) H.R. 3120, To amend title XVIII of the Social Security Act to
reduce the volume of future electronic health record-related
significant hardship requests
On June 29, 2017, Representative Michael C. Burgess and
seven cosponsors introduced H.R. 3120, a bill to amend title
XVIII of the Social Security Act to reduce the volume of future
electronic health record-related significant hardship requests.
The House Committee on Energy and Commerce held a markup and
favorably reported the bill by voice vote October 4, 2017.
H.R. 3120 would remove a requirement that requires the
Secretary of Health and Human Services to continue to make
meaningful use standards more stringent over time.
(l) H.R. 3168, SNP Reauthorization Act of 2017
On July 6, 2017, Representatives Patrick J. Tiberi and
Sander M. Levin introduced H.R. 3168, a bill to amend title
XVIII of the Social Security Act to provide continued access to
specialized Medicare Advantage (MA) plans for special needs
individuals, and for other purposes. The House Committee on
Ways and Means held a markup and favorably reported on July 13,
2017. The House Committee on Energy and Commerce discharged the
bill on December 21, 2017.
H.R. 3168 would provide continued access to Medicare
Advantage (MA) Special Needs Plans (``SNPs'') for Medicare
beneficiaries with specific circumstances benefiting from
specialized plan designs. The bill reauthorizes Chronic
Condition SNPs (C-SNPs) and Dual-Eligible SNPs (D-SNPs) for 5
years, and permanently authorizes Institutional SNPs (I-SNPs)
with policy enhancements consistent with recommendations by the
Medicare Payment Advisory Commission. The bill makes
improvements to D-SNPs and C-SNPs by increasing the integration
of benefits for dual eligible beneficiaries and requiring
improvements to the care coordination model of C-SNPs.
Additionally, the bill directs the Secretary of Health and
Human Services to establish and consult a panel of clinical
advisors to develop and update the list of conditions that
qualify for C-SNPs. Lastly, this legislation strengthens access
to meaningful supplemental benefits by allowing Medicare
Advantage (MA) plans to tailor and expand the type of
supplemental benefits offered to meet the individual needs of
patients with chronic illnesses.
(m) H.R. 3178, Medicare Part B Improvement Act of 2017
On July 11, 2017, the Chairman of the House Committee on
Ways and Means, Kevin Brady and Ranking Member Richard Neal,
along with 9 cosponsors introduced H.R. 3178, a bill to amend
title XVIII of the Social Security Act to improve the delivery
of home infusion therapy and dialysis and the application of
the Stark rule under the Medicare program, and for other
purposes. The House Committee on Ways and Means held a markup
and favorably reported the bill as amended by voice vote July
13, 2017. The House passed the bill as amended by voice vote on
July 25, 2017.
H.R. 3178 would improve the delivery of home infusion
therapy and dialysis and the application of the Stark rule
under the Medicare program. H.R. 3178 includes bipartisan
policies sponsored by several Committee Members aimed at
improving both the program and beneficiary experience that
would:
Create a transitional Medicare payment for
home infusion services to expand access and ensure
beneficiaries do not experience a gap in care before
the permanent home infusion benefit takes effect in
2021;
Extend an ongoing intravenous immunoglobulin
(IVIG) demonstration program to increase patient
education and appropriate utilization of infusion
services;
Streamline rules to preserve access to
orthotics and prosthetics for patients in need;
Allow telehealth technologies to monitor
patients receiving dialysis in their home;
Expedite accreditation of dialysis
facilities for Medicare billing purposes by allowing
private organizations to accredit new facilities; and
Modify Medicare's physician self-referral
laws to clarify rules for providers.
(n) H.R. 3245, Medicare Civil and Criminal Penalties Update Act
On July 14, 2017, Representatives Gus M. Bilirakis and
Kathy Castor introduced H.R. 3245, a bill to amend title XI of
the Social Security Act to increase civil money penalties and
criminal fines for Federal health care program fraud and abuse,
and for other purposes. The House Committee on Energy and
Commerce held a markup and favorably reported the bill by voice
vote October 4, 2017. On December 6, 2017, the House Committee
on Ways and Means discharged the bill.
H.R. 3245 would update both civil and criminal penalties in
the Medicare program. Many of these penalties were last updated
20 years ago.
(o) H.R. 3263, Independence at Home Demonstration Improvement and
Extension Act of 2017
On July 17, 2017, Representative Michael C. Burgess and
fourteen cosponsors introduced H.R. 3263, a bill to amend title
XVIII of the Social Security Act to extend the Medicare
independence at home medical practice demonstration program.
The House Committee on Energy and Commerce held a markup and
favorably reported the bill by voice vote October 4, 2017.
H.R. 3263 would extend the Independence at Home Medical
Practice Demonstration Program (IAH), which provides a home-
based primary care benefit to high-need Medicare beneficiaries
with multiple chronic conditions. The program is designed to
allow beneficiaries to stay in their homes instead of
institutionalized settings, avoiding unnecessary
hospitalizations, ER visits, and nursing home use. H.R. 3263
would extend the program for two additional years.
(p) H.R. 3271, Protecting Access to Diabetes Supplies Act of 2017
On July 17, 2017, Representative Diana DeGette and twelve
cosponsors introduced H.R. 3271, a bill to amend title XVIII of
the Social Security Act in order to strengthen rules in case of
competition for diabetic testing strips, and for other
purposes. The House Committee on Energy and Commerce held a
markup and favorably reported the bill as amended by voice vote
September 13, 2017. On December 6, 2017, the House Committee on
Ways and Means discharged the bill.
H.R. 3271 would address several issues beneficiaries have
reported facing under the competitive bidding program regarding
Diabetes Test Strips. Many of these issues stem from how the
Centers for Medicare and Medicaid Services has enforced certain
beneficiary protections.
(q) H.R. 3331, To amend title XI of the Social Security Act to promote
testing of incentive payments for behavioral health providers
for adoption and use of certified electronic health record
technology
On July 20, 2017, Representative Lynn Jenkins and thirteen
cosponsors introduced H.R. 3331, a bill to amend title XI of
the Cybersecurity Act to promote testing of incentive payments
for behavioral health providers for adoption and use of
certified electronic health record technology. The House
Committee on Energy and Commerce held a markup and favorably
reported the bill as amended by voice vote on May 9, 2018. The
House Committee on Ways and Means discharged the bill on June
8, 2018. On June 12, 2018, the House suspended the rules and
passed the bill as amended by voice vote.
H.R. 3331 promotes the testing of incentive payments for
behavioral health providers for adoption and use of certified
electronic health record technology.
(r) H.R. 3528, Every Prescription Conveyed Security Act
On July 28, 2017, Representative Katherine M. Clark and
fifty-one cosponsors introduced H.R. 3528, a bill to amend
title XVIII of the Social Security Act to require e-prescribing
for coverage under part D of the Medicare program of
prescription drugs that are controlled substances. On April 25,
2018, the House Committee on Energy and Commerce held a markup
and favorably reported the bill, as amended, by a voice vote
(H. Rept. 115-748). On June 12, 2018, the House Committee on
Ways and Means discharged the bill.
H.R. 3528 requires e-prescribing for coverage of prescribed
controlled substances under the Medicare Part D program. H.R.
3528 was later incorporated into H.R. 6, the ``SUPPORT for
Patients and Communities Act.'' H.R. 6 passed the House on June
22, 2018, by a recorded vote of 396-14. The bill passed the
Senate with an amendment by a vote of 99-1. The House agreed to
the Senate amendment with an amendment on September 28, 2018,
and the Senate agreed to the House amendment on October 3. H.R.
6 was signed into law on October 24, 2018 and became Public Law
115-271.
(s) H.R. 3635, Local Coverage Determination Clarification (LCDC) Act of
2018
On August 1, 2017, Representatives Lynn Jenkins and Ron
Kind, along with eighty cosponsors introduced H.R. 3635, a bill
to amend title XVIII of the Social Security Act in order to
improve the process whereby Medicare administrative contractors
issue local coverage determinations under the Medicare program,
and for other purposes. On September 5, 2018, the House
Committee on Ways and Means held a markup and favorably
reported the bill, as amended by the amendment in the nature of
a substitute, by voice vote (H. Rept. 115-933). On September
10, 2018, the House Committee on Energy and Commerce discharged
the bill. On September 12, 2018, the motion to suspend the
rules and pass the bill, as amended, was agreed to by a voice
vote.
H.R. 3635 would establish transparency, certainty, and
consistency for Medicare beneficiaries and providers through
codifying and improving the process through which Medicare
Administrative Contractors (MACs) make local coverage
determinations (LCDs). The bill would require MACs to institute
an open process for developing LCDs, including publicly posting
online proposed LCDs and the rationale and evidence relied on
for making such determinations; convene open public meetings;
solicit input from the public, including an expert panel; and
establish a public comment period for developing draft policies
and posting responses to comments received. H.R. 3635 would
offer beneficiaries, providers, and suppliers a meaningful
reconsideration process. Finally, H.R. 3635 would require the
Secretary of Health and Human Services to provide an annual
report detailing the LCD process including the amount of
applications and actions taken with respect to reconsideration.
(t) H.R. 3726, Stark Administrative Simplification Act of 2017
On September 11, 2017, Representatives Kenny Marchant and
Ron Kind, along with two cosponsors introduced H.R. 3726, a
bill to amend title XVIII of the Social Security Act to create
alternative sanctions for technical noncompliance with the
Stark rule under Medicare, and for other purposes. On September
13, 2017, the House Committee on Ways and Means held a markup
and favorably reported the bill, as amended by the amendment in
the nature of a substitute, by voice vote (H. Rept. 115-479).
On December 21, 207, the House Committee on Energy and Commerce
discharged the bill.
H.R. 3726 would create an alternative pathway to resolve
inadvertent technical violations of the ``Stark Laws,'' that
prevent financial interests from interfering with clinical
decisions.
(u) H.R. 3727, Increasing Telehealth Access in Medicare Act
On September 11, 2017, Representatives Diane Black and Mike
Thompson, along with five cosponsors introduced in the House
H.R. 3727, a bill to amend title XVIII of the Social Security
Act to include additional telehealth services for purposes of
MA organization bids, and for other purposes. On September 13,
2017, the House Committee on Ways and Means held a markup and
reported the bill as amended favorably by voice vote.
H.R. 3727 would allow Medicare Advantage plans to include
the cost of providing telehealth services in their bids and
increase funding in the Medicare Improvement Fund. CBO
estimates that enacting H.R. 3727 would increase direct
spending by $46 million over the 2018-2022 period and decrease
direct spending by $4 million over the 2018-2027 period.
(v) H.R. 3729, Comprehensive Operations, Sustainability, and Transport
(COST) Act of 2017
On September 11, 2017, Representatives Devin Nunes and
Terri Sewell, along with three cosponsors introduced H.R. 3729,
a bill to amend titles XI and XVIII of the Social Security Act
to facilitate provider and supplier cost reporting of ambulance
services under the Medicare program, and for other purposes. On
September 13, 2017, the Committee on Ways and Means held a
markup and favorably reported the bill as amended by voice
vote.
H.R. 3729 focuses on accurately reimbursing and sustaining
access to ground ambulance transports in the Medicare program.
The bill would achieve two primary objectives: (1) required
submission of annual cost report data by Medicare ambulance
suppliers and providers to better understand the cost of
furnishing ground ambulance services; and (2) extension of the
current law add-on reimbursement for ground ambulance services
that would otherwise expire on December 31, 2017.
(w) H.R. 3921, HEALTHY KIDS Act
On October 3, 2017, Representative Michael Burgess
introduced H.R. 3921, a bill to extend funding for the
Children's Health Insurance Program, and for other purposes.
The House Committee on Energy and Commerce held a markup and
favorably reported the bill as amended by the yeas and nays 28-
23 on October 4, 2017. The House Committee on Ways and Means
discharged the bill on October 23, 2017.
H.R. 3921 extends federal funding for the Children's Health
Insurance Program (CHIP) for fiscal year (FY) 2018 through FY
2022, eliminates the FY 2018 reductions in Medicaid
Disproportionate Share Hospital allotments, and provides
funding for Puerto Rico's Medicaid program for FY 2018 through
the end of calendar year 2019.
(x) H.R. 4616, Employer Relief Act of 2018
On December 12, 2017, Representative Devin Nunes and one
cosponsor introduced H.R. 4616, a bill to amend the Patient
Protection and Affordable Care Act to provide for a temporary
moratorium on the employer mandate and to provide for a delay
in the implementation of the excise tax on high cost employer-
sponsored health coverage. The House Committee on Ways and
Means held a markup and favorably reported the bill as amended
by the yeas and nays 22-15 on July 11, 2018. (See also: Tax
legislation page 13).
(y) H.R. 4841, Standardizing Electronic Prior Authorization for Safe
Prescribing Act of 2018
On January 18, 2018, Representatives David Schweikert and
Mike Thompson, along with twenty-five cosponsors introduced
H.R. 4841, a bill to amend title XVIII of the Social Security
Act to provide for electronic prior authorization under
Medicare part D for covered part D drugs, and for other
purposes. The House Committee on Energy and Commerce held a
markup and favorably reported the bill by voice vote on May 9,
2018. The House Committee on Ways and Means discharged the bill
on June 12, 2018.
H.R. 4841 requires the Secretary to standardize electronic
prior authorization for prescription drugs under Medicare Part
D.
(z) H.R. 4952, Improving Seniors Access to Quality Benefits Act
On February 6, 2018, Representatives Mike Kelly and Ron
Kind, along with two cosponsors introduced H.R. 4952, a bill to
direct the Secretary of Health and Human Services to conduct a
study and submit a report on the effects of the inclusion of
quality increases in the determination of blended benchmark
amounts under part C of the Medicare program. The House
Committee on Ways and Means held a markup and favorably
reported the bill by voice vote on June 21, 2018. The House
Committee on Energy and Commerce discharged the bill on July
17, 2018. On July 24, 2018, the House suspended the rules and
passed the bill by voice vote.
H.R. 4952 requires the Secretary to study and report to
Congress on the effects of including quality bonus payments
under the benchmark cap on Medicare Advantage (MA) plans and
enrollees, among other things. The study is required to include
an analysis of the following: (1) the authority of the
Secretary to remove quality bonus payments from the MA
benchmark; (2) the effects of including quality bonus payments
in the MA benchmark; (3) the financial impact of including
quality bonus payments in the determination of the MA benchmark
by county; and (4) the effects of including quality bonus
payments in the MA benchmark on plan enrollees.
(aa) H.R. 5582, Abuse Deterrent Access Act of 2018
On April 23, 2018, Representative Earl L. ``Buddy'' Carter
and six cosponsors introduced H.R. 5582, a bill to direct the
Secretary of Health and Human Services to conduct a study and
submit a report on barriers to accessing abuse-deterrent opioid
formulations for individuals enrolled in a plan under part C or
D of the Medicare program. On June 8, 2018, the House Committee
on Energy and Commerce favorably reported the bill as amended
and the House Committee on Ways and Means discharged the bill.
The House agreed to suspend the rules and pass the bill as
amended by voice vote on June 12, 2018.
H.R. 5582 directs the Centers for Medicare and Medicaid
Services (CMS) to evaluate the use of abuse-deterrent opioid
formulations in Medicare Part C or D plans. H.R. 5582 was later
incorporated into H.R. 6, the ``SUPPORT for Patients and
Communities Act.'' H.R. 6 passed the House on June 22, 2018, by
a recorded vote of 396-14. The bill passed the Senate with an
amendment by a vote of 99-1. The House agreed to the Senate
amendment with an amendment on September 28, 2018, and the
Senate agreed to the House amendment on October 3. H.R. 6 was
signed into law on October 24, 2018 and became Public Law 115-
271.
(bb) H.R. 5590, Opioid Addiction Action Plan Act
On April 24, 2018, Representatives Adam Kinzinger and Danny
Davis, along with five cosponsors introduced H.R. 5590, a bill
to require the Secretary of Health and Human Services to
provide for an action plan on recommendations for changes under
Medicare and Medicaid to prevent opioids addictions and enhance
access to medication-assisted treatment, and for other
purposes. On June 12, 2018, the House Committee on Energy and
Commerce favorably reported the bill as amended and the House
Committee on Ways and Means discharged the bill. The House
agreed to suspend the rules and pass the bill as amended by
voice vote on June 19, 2018.
H.R. 5590 establishes an action plan, including studies,
and reports to Congress authored by Department of Health and
Human Services (HHS), as well as to hold meetings with
stakeholders, for the purpose of addressing the opioid crisis.
H.R. 5590 was later incorporated into H.R. 6, the ``SUPPORT for
Patients and Communities Act.'' H.R. 6 passed the House on June
22, 2018, by a recorded vote of 396-14. The bill passed the
Senate with an amendment by a vote of 99-1. The House agreed to
the Senate amendment with an amendment on September 28, 2018,
and the Senate agreed to the House amendment on October 3. H.R.
6 was signed into law on October 24, 2018 and became Public Law
115-271.
(cc) H.R. 5603, Access to Telehealth Services for Substance Use
Disorders Act
On April 24, 2018, Representative Doris O. Matsui and eight
cosponsors introduced H.R. 5603, a bill to amend title XVIII of
the Social Security Act to provide the Secretary of Health and
Human Services authority to waive certain Medicare telehealth
requirements in the case of certain treatment of an opioid use
disorder or co-occurring mental health disorder. On June 12,
2018, the House Committee on Energy and Commerce favorably
reported the bill as amended and the House Committee on Ways
and Means discharged the bill.
H.R. 5603 would require the Centers for Medicare and
Medicaid Services to expand the use of telehealth services in
treating substance use disorder in the Medicare program. H.R.
5603 was later incorporated into H.R. 6, the ``SUPPORT for
Patients and Communities Act.'' H.R. 6 passed the House on June
22, 2018, by a recorded vote of 396-14. The bill passed the
Senate with an amendment by a vote of 99-1. The House agreed to
the Senate amendment with an amendment on September 28, 2018,
and the Senate agreed to the House amendment on October 3. H.R.
6 was signed into law on October 24, 2018 and became Public Law
115-271.
(dd) H.R. 5605, Advancing High Quality Treatment for Opioid Use
Disorders in Medicare Act
On April 24, 2018, Representative Raul Ruiz and two
cosponsors introduced H.R. 5605, a bill to amend title XVIII of
the Social Security Act to provide for an opioid use disorder
treatment demonstration program. On June 12, 2018, the House
Committee on Energy and Commerce favorably reported the bill as
amended and the House Committee on Ways and Means discharged
the bill. The House agreed to suspend the rules and pass the
bill as amended by voice vote on June 19, 2018.
H.R. 5605 creates a demonstration project to test new ways
to treat opioid use disorder among the Medicare population.
This model includes the development of measures to evaluate the
quality and outcomes of treatment. H.R. 5605 was later
incorporated into H.R. 6, the ``SUPPORT for Patients and
Communities Act.'' H.R. 6 passed the House on June 22, 2018, by
a recorded vote of 396-14. The bill passed the Senate with an
amendment by a vote of 99-1. The House agreed to the Senate
amendment with an amendment on September 28, 2018, and the
Senate agreed to the House amendment on October 3. H.R. 6 was
signed into law on October 24, 2018 and became Public Law 115-
271.
(ee) H.R. 5675, To amend title XVIII of the Social Security Act to
require prescription drug plan sponsors under the Medicare
program to establish drug management programs for at-risk
beneficiaries.
On May 3, 2018, Representatives Gus M. Bilirakis and six
cosponsors introduced H.R. 5675, a bill to amend title XVIII of
the Social Security Act to require prescription drug plan
sponsors under the Medicare program to establish drug
management programs for at-risk beneficiaries. On June 12,
2018, the House Committee on Energy and Commerce reported the
bill as amended and the House Committee on Ways and Means
discharged the bill.
H.R. 5675 will require prescription drug plan sponsors
under the Medicare program to establish drug management
programs, commonly referred to as ``lock-in programs'', for at-
risk beneficiaries. Under CARA, prescription drug plan sponsors
had the option to establish lock-in programs. H.R. 5675 was
later incorporated into H.R. 6, the ``SUPPORT for Patients and
Communities Act.'' H.R. 6 passed the House on June 22, 2018, by
a recorded vote of 396-14. The bill passed the Senate with an
amendment by a vote of 99-1. The House agreed to the Senate
amendment with an amendment on September 28, 2018, and the
Senate agreed to the House amendment on October 3. H.R. 6 was
signed into law on October 24, 2018 and became Public Law 115-
271.
(ff) H.R. 5676, Stop Excessive Narcotics in our Retirement Communities
Protection (SENIOR) Communities Protection Act of 2018
On May 3, 2018, Representatives Thomas MacArthur and Earl
Blumenauer along with four cosponsors introduced H.R. 5676, a
bill to amend title XVIII of the Social Security Act to
authorize the suspension of payments by Medicare prescription
drug plans (PD) and Medicare Advantage plans with prescription
drug benefits (MA-PD) pending investigations of credible
allegations of fraud by pharmacies. The House Committee on Ways
and Means held a markup on May 16, 2018, and favorably reported
the bill as amended on May 19, 2018. On May 19, 2018, the House
agreed to suspend the rules and pass the bill by the Yeas and
Nays: 256-3 (Roll no. 270).
H.R. 5676 grants prescription drug plans the authority to
suspend payments to a provider or supplier pending an
investigation of a credible allegation of fraud against the
provider or supplier. H.R. 5676 was later incorporated into
H.R. 6, the ``SUPPORT for Patients and Communities Act.'' H.R.
6 passed the House on June 22, 2018, by a recorded vote of 396-
14. The bill passed the Senate with an amendment by a vote of
99-1. The House agreed to the Senate amendment with an
amendment on September 28, 2018, and the Senate agreed to the
House amendment on October 3. H.R. 6 was signed into law on
October 24, 2018 and became Public Law 115-271.
(gg) H.R. 5684, Protecting Seniors From Opioid Abuse Act
On May 7, 2018, Representatives Mike Kelly and Mike
Thompson, along with seven cosponsors introduced H.R. 5684, a
bill to amend title XVIII of the Social Security Act to expand
eligibility for medication therapy management programs
established under part D of the Medicare program to include
certain individuals who are at risk for prescription drug
abuse. On June 12, 2018, the House Committee on Energy and
Commerce reported the bill, and the House Committee on Ways and
Means discharged the bill.
H.R. 5684 adds beneficiaries at risk for prescription drug
abuse to the list of targeted beneficiaries eligible for
Medication Therapy Management programs under Medicare Part D.
H.R. 5684 was later incorporated into H.R. 6, the ``SUPPORT for
Patients and Communities Act.'' H.R. 6 passed the House on June
22, 2018, by a recorded vote of 396-14. The bill passed the
Senate with an amendment by a vote of 99-1. The House agreed to
the Senate amendment with an amendment on September 28, 2018,
and the Senate agreed to the House amendment on October 3. H.R.
6 was signed into law on October 24, 2018 and became Public Law
115-271.
(hh) H.R. 5685, Medicare Opioid Safety Education Act of 2018
On May 7, 2018, Representative John J. Faso and six
cosponsors introduced H.R. 5685, a bill to amend title XVIII of
the Social Security Act to provide educational resources
regarding opioid use and pain management as part of the
Medicare & You handbook. The House Committee on Energy and
Commerce reported the bill. The House agreed to suspend the
rules and pass the bill by voice vote on June 12, 2018.
H.R. 5685 directs the Centers for Medicare and Medicaid
Services (CMS) to compile education resources for beneficiaries
regarding opioid use, pain management, and alternative pain
management treatments, and to include these resources in the
``Medicare and You'' handbook. H.R. 5685 was later incorporated
into H.R. 6, the ``SUPPORT for Patients and Communities Act.''
H.R. 6 passed the House on June 22, 2018, by a recorded vote of
396-14. The bill passed the Senate with an amendment by a vote
of 99-1. The House agreed to the Senate amendment with an
amendment on September 28, 2018, and the Senate agreed to the
House amendment on October 3. H.R. 6 was signed into law on
October 24, 2018 and became Public Law 115-271.
(ii) H.R. 5686, Medicare Clear Health Options in Care for Enrollees
(CHOICE) Act of 2018
On May 7, 2018, Representatives Erik Paulsen and Ron Kind
along with five cosponsors introduced H.R. 5686, a bill to
amend title XVIII of the Social Security Act to require
prescription drug plans under Medicare part D to include
information on the adverse effects of opioid overutilization
and of coverage of nonpharmacological therapies and nonopioid
medications or devices used to treat pain. On June 12, 2018,
the bill was reported by the House Committee on Energy and
Commerce and the House Committee on Ways and Means discharged
the bill.
H.R. 5686 requires prescription drug plans under Medicare
Part D to include information on the effects of opioid
overutilization and coverage of non-pharmacological therapies
and non-opioid medications or devices used to treat pain. H.R.
5686 was later incorporated into H.R. 6, the ``SUPPORT for
Patients and Communities Act.'' H.R. 6 passed the House on June
22, 2018, by a recorded vote of 396-14. The bill passed the
Senate with an amendment by a vote of 99-1. The House agreed to
the Senate amendment with an amendment on September 28, 2018,
and the Senate agreed to the House amendment on October 3. H.R.
6 was signed into law on October 24, 2018 and became Public Law
115-271.
(jj) H.R. 5715, Strengthening Partnerships to Prevent Opioid Act
On May 9, 2018, Representatives James B. Renacci and Terri
Sewell, along with eight cosponsors introduced H.R. 5715, a
bill to amend title XVIII of the Social Security Act to provide
for certain program integrity transparency measures under
Medicare parts C and D. On June 12, 2018, the House Committee
on Energy and Commerce reported the bill as amended.
H.R. 5715 helps facilitate communication among Medicare
Advantage (MA) organizations, Part D plan sponsors, and the
Centers for Medicare and Medicaid Services (CMS) relating to
substantiated fraud, waste, and abuse investigations. H.R. 5715
was later incorporated into H.R. 6, the ``SUPPORT for Patients
and Communities Act.'' H.R. 6 passed the House on June 22,
2018, by a recorded vote of 396-14. The bill passed the Senate
with an amendment by a vote of 99-1. The House agreed to the
Senate amendment with an amendment on September 28, 2018, and
the Senate agreed to the House amendment on October 3. H.R. 6
was signed into law on October 24, 2018 and became Public Law
115-271.
(kk) H.R. 5716, Commit to Opioid Medical Prescriber Accountability and
Safety for Seniors (COMPASS) Act
On May 9, 2018, Representatives Peter J. Roskam and John
Larson, along with four cosponsors introduced H.R. 5716, a bill
to amend title XVIII of the Social Security Act to require the
Secretary of Health and Human Services to provide notifications
under the Medicare program to outlier prescribers of opioids.
On June 12, 2018, the House Committee on Energy and Commerce
reported the bill, and the House Committee on Ways and Means
discharged the bill.
H.R. 5716 requires the Centers for Medicare and Medicaid
Services (CMS) to establish a prescriber threshold based on
specialty and geographic area, which could designate a
prescriber as an outlier opioid prescriber. CMS would then be
responsible for notifying prescribers identified as outliers of
their status. H.R. 5716 was later incorporated into H.R. 6, the
``SUPPORT for Patients and Communities Act.'' H.R. 6 passed the
House on June 22, 2018, by a recorded vote of 396-14. The bill
passed the Senate with an amendment by a vote of 99-1. The
House agreed to the Senate amendment with an amendment on
September 28, 2018, and the Senate agreed to the House
amendment on October 3. H.R. 6 was signed into law on October
24, 2018 and became Public Law 115-271.
(ll) H.R. 5723, Expanding Oversight of Opioid Prescribing and Payment
Act of 2018
On May 9, 2018, Representatives Claudia Tenney and Susan
DelBene, along with three cosponsors introduced H.R. 5723, a
bill to require the Medicare Payment Advisory Commission to
report on how the Medicare Program pays for pain management
treatment options in a hospital setting, including adverse
incentives to prescribing opioids relative to non-opioid
alternatives, and how to improve data on opioid use under the
Medicare program. The House Committee on Ways and Means held a
markup on May 16, 2018, and favorably reported the bill as
amended on May 19, 2018. The House Committee on Energy and
Commerce discharged the bill on May 19, 2018. The House agreed
to suspend the rules and pass the bill by voice vote on May 19,
2018.
H.R. 5723 requires that by March 15, 2019, the Medicare
Payment Advisory Commission (MedPAC) submit a report to
Congress that describes: (1) how the Medicare Program pays for
pain management treatment options in a hospital setting; (2)
incentives under Medicare hospital payments for prescribing
opioids relative to non-opioid alternatives; and (3) how opioid
use may be tracked through Medicare claims data. MedPAC will
also identify areas in which further data/methods are needed to
fully understand opioid utilization patterns in Medicare. If
appropriate, MedPAC will issue recommendations for addressing
any adverse incentives in the hospital payment system related
to opioid vs. non-opioid prescribing. H.R. 5723 was later
incorporated into H.R. 6, the ``SUPPORT for Patients and
Communities Act.'' H.R. 6 passed the House on June 22, 2018, by
a recorded vote of 396-14. The bill passed the Senate with an
amendment by a vote of 99-1. The House agreed to the Senate
amendment with an amendment on September 28, 2018, and the
Senate agreed to the House amendment on October 3. H.R. 6 was
signed into law on October 24, 2018 and became Public Law 115-
271.
(mm) H.R. 5773, Promoting Academic Success Sustainably (PASS) Act of
2018
On May 11, 2018, Representatives Peter J. Roskam and Terri
Sewell, along with six cosponsors introduced H.R. 5773, a bill
to amend title XVIII of the Social Security Act to require
Medicare prescription drug plans to establish drug management
programs for at-risk beneficiaries, require electronic prior
authorization for covered part D drugs, and to provide for
other program integrity measures under parts C and D of the
Medicare program. On May 16, 2018, the House Committee on Ways
and Means held a markup, and favorably reported the bill as
amended on May 19, 2018. The House agreed to suspend the rules
and pass the bill by voice vote on May 19, 2018.
The bill requires Medicare prescription drug plans to
establish lock-in programs for seniors at-risk of opioid
overuse. Further, the Secretary of Health and Human Services
(HHS) is required to establish a standard, secure electronic
prior authorization (ePA) system. The bill requires the
Secretary to establish a secure Internet website portal (or
other successor technology) that would allow for a secure
communication between the Centers for Medicare & Medicaid
Services (CMS), plans providing Part D coverage, and the
Medicare Drug Integrity Contractor (MEDIC) regarding certain
program integrity activities. The bill defines ``at-risk''
beneficiaries as eligible for the benefits provided under the
Medication Therapy Management Program. Lastly, the bill
requires the Secretary to notify providers that prescribe
opioids in amounts or dosages in excess of their peers.
H.R. 5773 was later incorporated into H.R. 6, the ``SUPPORT
for Patients and Communities Act.'' H.R. 6 passed the House on
June 22, 2018, by a recorded vote of 396-14. The bill passed
the Senate with an amendment by a vote of 99-1. The House
agreed to the Senate amendment with an amendment on September
28, 2018, and the Senate agreed to the House amendment on
October 3. H.R. 6 was signed into law on October 24, 2018 and
became Public Law 115-271.
(nn) H.R. 5774, Combating Opioid Abuse for Care in Hospitals (COACH)
Act of 2018
On May 11, 2018, Representatives Carlos Curbelo and Suzan
K. DelBene along with eight cosponsors introduced H.R. 5774, a
bill requiring the Secretary of Health and Human Services to
publish guidance on pain management and opioid use disorder
prevention for hospitals receiving payment under part A of the
Medicare program, provide for opioid quality measures
development, and provide for a technical expert panel on
reducing surgical setting opioid use and data collection on
perioperative opioid use, and for other purposes. On May 16,
2018, the House Committee on Ways and Means held a markup, and
favorably reported the bill as amended on June 19, 2018. The
House Committee on Energy and Commerce discharged the bill and
the House agreed to suspend the rules and pass the bill as
amended by voice vote on June 19, 2018.
H.R. 5774 focuses on preventing opioid overuse by improving
education for providers and beneficiaries. This legislation
requires the Centers for Medicare and Medicaid Services (CMS)
to develop and publish a toolkit by January 1, 2019, that
provides best practices to hospitals for reducing opioid use.
Additionally, within 180 days of enactment, the Department of
Health and Human Services (HHS) is required to convene at least
two Technical Expert Panels (TEPs). The first TEP is required
to review quality measures related to opioids and opioid use
disorders and identify gaps in such measures, prioritize such
measures for development in gap areas, and make recommendations
for adopting such measures under physician and hospital quality
reporting programs. The legislation requires, as practicable,
the creation of a fast-track endorsement process for such
measures by the National Quality Forum (NQF). Within one year
of the TEP's establishment, the Secretary will report on the
quality measures (and gaps), including those related to care,
prevention, diagnosis, health outcomes, and treatment furnished
to individuals with opioid use disorders. The second TEP is
required to make recommendations on best practices for pain
management and reducing opioid use within the surgical setting;
it also must analyze post-surgical opioid prescribing. HHS must
report to Congress based on the TEP's work, while also
describing the available data on perioperative opioid use, as
well as identifying barriers to data collection and
recommendations to improve data collection. HHS will publish
the recommendations under the report (or reports) to Congress
within one year of enactment. Finally, within 180 days of
enactment, the Secretary will publish on the CMS website all
opioid prescribing guidance published after January 1, 2016,
applicable to Medicare beneficiaries.
H.R. 5774 was later incorporated into H.R. 6, the ``SUPPORT
for Patients and Communities Act.'' H.R. 6 passed the House on
June 22, 2018, by a recorded vote of 396-14. The bill passed
the Senate with an amendment by a vote of 99-1. The House
agreed to the Senate amendment with an amendment on September
28, 2018, and the Senate agreed to the House amendment on
October 3. H.R. 6 was signed into law on October 24, 2018 and
became Public Law 115-271.
(oo) H.R. 5775, Providing Reliable Options for Patients and Educational
Resources (PROPER) Act of 2018
On May 11, 2018, Representatives Erik Paulsen and Ron Kind,
along with four cosponsors introduced H.R. 5775, a bill to
require the Secretary of Health and Human Services to develop
guidance on pain management and opioid use disorder prevention
for hospitals receiving payment under part A of the Medicare
program, provide for opioid quality measures development, and
provide for a technical expert panel on reducing surgical
setting opioid use and data collection on perioperative opioid
use, and for other purposes. On May 16, 2018, the House
Committee on Ways and Means held a markup, and favorably
reported the bill as amended on June 19, 2018. The House
Committee on Energy and Commerce discharged the bill and the
House agreed to suspend the rules and pass the bill as amended
by voice vote on June 19, 2018.
H.R. 5775 aims to increase educational resources for
Medicare beneficiaries related to coverage options for the
treatment of pain and the potential risks of prolonged opioid
use. The PROPER ACT improves pain-related questions used in
hospital patient satisfaction surveys. Beginning January 1,
2019, hospital consumer assessment of healthcare providers and
systems (HCAHPS) surveys must not include pain-related
questions unless the pain questions take into account, as
applicable, whether an individual experiencing pain was
informed about the risks associated with the use of opioids and
about non-opioid alternatives for the treatment of pain. The
Secretary of the Department of Health and Human Services (HHS)
may not include on either the Hospital Compare Internet website
or the Hospital Value-Based Purchasing Program any measures
based on the questions appearing on the HCAHPS survey for 2018
about communication by hospital staff with an individual about
pain.
This legislation also requires that, by 2021, plans provide
information to beneficiaries on the risks associated with
prolonged opioid use and coverage of nonpharmacological
therapies, devices, and nonopioid medications. Beginning
January 1, 2021, plans are required to provide information to
enrollees on the safe disposal of prescription drugs that are
controlled substances as part of the in-home risk assessment.
Plans are also required to provide information on cost-
effective means for safe disposal of controlled substances
through their Medication Therapy Management programs.
H.R. 5775 was later incorporated into H.R. 6, the ``SUPPORT
for Patients and Communities Act.'' H.R. 6 passed the House on
June 22, 2018, by a recorded vote of 396-14. The bill passed
the Senate with an amendment by a vote of 99-1. The House
agreed to the Senate amendment with an amendment on September
28, 2018, and the Senate agreed to the House amendment on
October 3. H.R. 6 was signed into law on October 24, 2018 and
became Public Law 115-271.
(pp) H.R. 5776, Medicare and Opioid Safe Treatment (MOST) Act
On May 11, 2018, Ranking Member of the Committee on Ways
and Means, Richard E. Neal, and George Holding, along with two
cosponsors introduced H.R. 5776, a bill to amend title XVIII to
provide for Medicare coverage of certain services furnished by
opioid treatment programs, and for other purposes. On May 16,
2018, the House Committee on Ways and Means held a markup, and
favorably reported the bill as amended on June 19, 2018.
H.R. 5776 increases treatment coverage in Medicare for
individuals suffering from opioid use disorder. The MOST Act
fills coverage gaps for substance use disorder treatment and
explores the potential for perverse incentives to prescribing
opioids. H.R. 5776 was later incorporated into H.R. 6, the
``SUPPORT for Patients and Communities Act.'' H.R. 6 passed the
House on June 22, 2018, by a recorded vote of 396-14. The bill
passed the Senate with an amendment by a vote of 99-1. The
House agreed to the Senate amendment with an amendment on
September 28, 2018, and the Senate agreed to the House
amendment on October 3. H.R. 6 was signed into law on October
24, 2018 and became Public Law 115-271.
(qq) H.R. 5796, Responsible Education Achieves Care and Healthy
Outcomes for Users' Treatment (REACH OUT) Act of 2018
On May 15, 2018 Representatives Brian K. Fitzpatrick and
Mike Thompson, along with four cosponsors introduced H.R. 5796,
a bill to require the Secretary of Health and Human Services to
provide grants for eligible entities to provide technical
assistance to outlier prescribers of opioids. On June 12, 2018,
the House Committee on Energy and Commerce favorably reported
the bill and the House Committee on Ways and Means discharged
the bill. The House agreed to suspend the rules and pass the
bill as amended by voice vote on June 19, 2018.
H.R. 5796 directs the Centers for Medicare and Medicaid
Services (CMS) to work with eligible entities, including
Quality Improvement Organizations, to engage in outreach with
prescribers identified as clinical outliers to share best
practices to evaluate their prescribing behavior. H.R. 5796 was
later incorporated into H.R. 6, the ``SUPPORT for Patients and
Communities Act.'' H.R. 6 passed the House on June 22, 2018, by
a recorded vote of 396-14. The bill passed the Senate with an
amendment by a vote of 99-1. The House agreed to the Senate
amendment with an amendment on September 28, 2018, and the
Senate agreed to the House amendment on October 3. H.R. 6 was
signed into law on October 24, 2018 and became Public Law 115-
271.
(rr) H.R. 5798, Opioid Screening and Chronic Pain Management
Alternatives for Seniors Act
On May 15, 2018, Representative Larry Bucshon and four
cosponsors introduced H.R. 5798, a bill to amend title XVIII of
the Social Security Act to require a review of current opioid
prescriptions for chronic pain and screening for opioid use
disorder to be included in the Welcome to Medicare initial
preventive physical examination. On June 12, 2018, the House
Committee on Energy and Commerce favorably reported the bill
and the House Committee on Ways and Means discharged the bill.
H.R. 5798 adds a review of current opioid prescriptions, a
pain assessment, and, as appropriate, a screening for opioid
use disorder as part of the Welcome to Medicare initial
examination. H.R. 5798 was later incorporated into H.R. 6, the
``SUPPORT for Patients and Communities Act.'' H.R. 6 passed the
House on June 22, 2018, by a recorded vote of 396-14. The bill
passed the Senate with an amendment by a vote of 99-1. The
House agreed to the Senate amendment with an amendment on
September 28, 2018, and the Senate agreed to the House
amendment on October 3. H.R. 6 was signed into law on October
24, 2018 and became Public Law 115-271.
(ss) H.R. 5804, Post-Surgical Injections as an Opioid Alternative Act
On May 15, 2018, Representative John Shimkus and three
cosponsors introduced H.R. 5804, a bill to amend title XVIII of
the Social Security Act to provide for modifications in payment
for certain outpatient surgical services. On June 13, 2018, the
House Committee on Energy and Commerce favorably reported the
bill and the House Committee on Ways and Means discharged the
bill.
H.R. 5804 incentivizes post-surgical injections as a pain
treatment alternative to opioids by reversing a reimbursement
cut for these treatments in the Ambulatory Service Center
setting, as well as to collect data on a subset of codes
related to these treatments. H.R. 5804 was later incorporated
into H.R. 6, the ``SUPPORT for Patients and Communities Act.''
H.R. 6 passed the House on June 22, 2018, by a recorded vote of
396-14. The bill passed the Senate with an amendment by a vote
of 99-1. The House agreed to the Senate amendment with an
amendment on September 28, 2018, and the Senate agreed to the
House amendment on October 3. H.R. 6 was signed into law on
October 24, 2018 and became Public Law 115-271.
(tt) H.R. 5809, Postoperative Opioid Prevention Act of 2018
On May 15, 2018, Representatives Scott H. Peters and Larry
Bucshon along with three cosponsors introduced H.R. 5809, a
bill to amend title XVIII of the Social Security Act to
encourage the use of non-opioid analgesics for the management
of post-surgical pain under the Medicare program, and for other
purposes. On June 13, 2018, the House Committee on Energy and
Commerce favorably reported the bill and the House Committee on
Ways and Means discharged the bill.
H.R. 5809 extends pass through payment for certain
qualifying drugs to encourage the development of non-opioid
drugs for post-surgical pain management under the Medicare
program. H.R. 5809 was later incorporated into H.R. 6, the
``SUPPORT for Patients and Communities Act.'' H.R. 6 passed the
House on June 22, 2018, by a recorded vote of 396-14. The bill
passed the Senate with an amendment by a vote of 99-1. The
House agreed to the Senate amendment with an amendment on
September 28, 2018, and the Senate agreed to the House
amendment on October 3. H.R. 6 was signed into law on October
24, 2018 and became Public Law 115-271.
(uu) H.R. 6110, Dr. Todd Graham Pain Management, Treatment, and
Recovery Act of 2018
On June 14, 2018, Representatives Jackie Walorski and Earl
Blumenauer along with eight original cosponsors introduced H.R.
6110, a bill to amend title XVIII of the Social Security Act to
provide for the review and adjustment of payments under the
Medicare outpatient prospective payment system to avoid
financial incentives to use opioids instead of non-opioid
alternative treatments, and for other purposes. The House
agreed to suspend the rules and pass the bill as amended by
voice vote on June 19, 2018.
This bill establishes several requirements for the Centers
for Medicare & Medicaid Services (CMS), and alters requirements
under Medicare and Medicare Advantage (MA), related to pain
management and opioid use. Among other requirements, the CMS
must review payments under Medicare for opioid and non-opioid
pain management procedures, specifically with respect to
ambulatory outpatient surgical procedures and hospital
outpatient department services. The CMS must ensure that there
are no payment incentives for using opioids instead of non-
opioid alternatives and must make revisions accordingly. The
bill also requires payment under Medicare to federally
qualified health centers and rural health clinics that have
health care practitioners who are newly certified to provide
medication-assisted treatment (e.g., buprenorphine). The bill
also authorizes the suspension of payments to a pharmacy under
the Medicare prescription drug benefit and MA prescription drug
plans pending the investigation of a credible allegation of
fraud by the pharmacy.
H.R. 6110 was later incorporated into H.R. 6, the ``SUPPORT
for Patients and Communities Act.'' H.R. 6 passed the House on
June 22, 2018, by a recorded vote of 396-14. The bill passed
the Senate with an amendment by a vote of 99-1. The House
agreed to the Senate amendment with an amendment on September
28, 2018, and the Senate agreed to the House amendment on
October 3. H.R. 6 was signed into law on October 24, 2018 and
became Public Law 115-271.
(vv) H.R. 6138, Ambulatory Surgical Center Payment Transparency Act of
2018
On June 19, 2018, Representatives Devin Nunes and John
Larson, along with two cosponsors introduced H.R. 6138, a bill
to amend title XVIII of the Social Security Act to provide for
ambulatory surgical center representation during the review of
hospital outpatient payment rates under part B of the Medicare
program, and for other purposes. On June 21, 2018, the House
Committee on Ways and Means held a markup, and favorably
reported the bill as amended on July 17, 2018. The Committee on
Energy and Commerce discharged the bill on July 17, 2018. The
House agreed to suspend the rules and pass the bill as amended
by voice vote on July 24, 2018.
H.R. 6138 would add an Ambulatory Surgical Center (ASC)
representative to the Advisory Panel on Hospital Outpatient
Payment (HOP) to ensure ASCs have a voice when the Centers for
Medicare and Medicaid Services (CMS) makes changes to payment
policies. H.R. 6138 would also require CMS to disclose the
reasons for taking procedures off, or not putting procedures
on, the ASC-approved codes list.
(ww) H.R. 6199, Restoring Access to Medication and Modernizing Health
Savings Accounts Act of 2018
On June 22, 2018, Representatives Lynn Jenkins and Ron
Kind, along with two cosponsors introduced H.R. 6199, to amend
the Internal Revenue Code of 1986 to include certain over-the-
counter medical products as qualified medical expenses. On July
19, 2018, the House Committee on Ways and Means held a markup,
and favorably reported the bill as amended. The House passed
the bill by the Yeas and Nays: 277-142 (Roll no. 377) on July
25, 2018.
H.R. 6199 allows all tax-favored health accounts to be used
to purchase over-the-counter (OTC) medical products and adds
feminine or ``menstrual care'' products to the list of
qualified medical expenses for the purposes of these tax-
favored health accounts. (See also: Tax legislation page 15).
(xx) H.R. 6301, Promoting High-Value Health Care Through Flexibility
for High Deductible Health Plans Act of 2018
On June 29, 2018, Representatives Peter J. Roskam and Mike
Thompson along with one cosponsor introduced H.R. 6301, to
amend the Internal Revenue Code of 1986 to provide high
deductible health plans with first dollar coverage flexibility.
On July 19, 2018, the House Committee on Ways and Means held a
markup, and favorably reported the bill as amended.
H.R. 6301 expands access and enhances the utility of health
savings accounts (HSAs) by offering health plans a certain
amount of flexibility in their plan design while still
maintaining eligibility for HSA contributions. This flexibility
will allow insurers to offer coverage for high-value, low-cost
services like telehealth, chronic disease management (e.g.
diabetic testing strips), or primary care visits below the
deductible. (See also: Tax legislation page 16).
(yy) H.R. 6305, Bipartisan HSA Improvement Act of 2018
On July 3, 2018, Representatives Mike Kelly and Earl
Blumenauer introduced H.R. 6305, to amend the Internal Revenue
Code of 1986 to improve access to health care through
modernized health savings accounts. On July 19, 2018, the House
Committee on Ways and Means held a markup, and favorably
reported the bill as amended.
H.R. 6305 expands access and enhances the utility of health
savings accounts (HSAs) through three common-sense improvements
to the rules governing HSAs: (1) clarifying that certain
employment related services (such as on-site clinics) are not
treated as disqualifying coverage for purposes of HSAs; (2)
allowing an eligible individual to make HSA contributions if a
spouse has a Flexible Spending Arrangement (FSA), provided that
FSA does not also reimburse for expenses of the spouse with the
HSA; and (3) allowing FSA and Health Reimbursement Account
(HRA) terminations or conversions to fund HSAs. (See also: Tax
legislation page 16).
(zz) H.R. 6306, Health Care Security Act of 2018
On July 3, 2018, Representative Erik Paulsen introduced
H.R. 6306, to amend the Internal Revenue Code of 1986 to
increase the contribution limitation for health savings
accounts, and for other purposes. On July 19, 2018, the House
Committee on Ways and Means held a markup, and favorably
reported the bill as amended.
H.R. 6306 expands access and enhances the utility of health
savings accounts (HSAs) through several common-sense
improvements to the eligibility, contribution and expenditure
rules governing HSAs. Specifically, this bill would increase
the contributions limits for HSAs, permit spousal catch-up
contributions into the same account and create a grace period
for medical expenses incurred before the establishment of an
HSA. (See also: Tax legislation page 16).
(aaa) H.R. 6309, Allowing Working Seniors to Keep Their Health Savings
Accounts Act of 2018
On July 6, 2018, Representative Erik Paulsen introduced
H.R. 6309, to amend the Internal Revenue Code of 1986 to allow
individuals entitled to Medicare Part A by reason of being over
age 65 to contribute to health savings accounts. On July 19,
2018, the House Committee on Ways and Means held a markup, and
favorably reported the bill as amended.
H.R. 6309 expands access to Health Savings accounts (HSAs)
for working seniors enrolled in Medicare Part A. (See also: Tax
legislation page 16).
(bbb) H.R. 6311, Increasing Access to Lower Premium Plans and Expanding
Health Savings Accounts Act of 2018
On July 6, 2018, Representative Peter J. Roskam and one
cosponsor introduced H.R. 6311, to amend the Internal Revenue
Code of 1986 and the Patient Protection and Affordable Care Act
to modify the definition of qualified health plan for purposes
of the health insurance premium tax credit and to allow
individuals purchasing health insurance in the individual
market to purchase a lower premium copper plan. On July 19,
2018, the House Committee on Ways and Means held a markup, and
favorably reported the bill as amended. The House passed the
bill by the Yeas and Nays: 242-176 (Roll no. 376) on July 25,
2018.
H.R. 6311 provides an off-ramp from Obamacare's rising
premiums and limited choices by allowing the premium tax credit
to be used for qualified plans offered outside of the law's
exchanges and Healthcare.gov. In addition, it expands access to
the lowest-premium plans available (``catastrophic'' plans) for
all individuals purchasing coverage in the individual market
and allows the premium tax credit to be used to offset the cost
of such plans. (See also: Tax legislation page 17).
(ccc) H.R. 6312, Personal Health Investment Today Act
On July 6, 2018, Representatives Jason Smith and Ron Kind
along with one cosponsor introduced H.R. 6312, to amend the
Internal Revenue Code of 1986 to treat certain amounts paid for
physical activity, fitness, and exercise as amounts paid for
medical care. On July 19, 2018, the House Committee on Ways and
Means held a markup, and favorably reported the bill as
amended.
H.R. 6312 adds qualified sports and fitness expenses to the
definition of qualified medical expenses. (See also: Tax
legislation page 17).
(ddd) H.R. 6313, Responsible Additions and Increases to Sustain
Employee Health Benefits Act of 2018
On July 6, 2018, Representative Steve Stivers introduced
H.R. 6313, to amend the Internal Revenue Code of 1986 to allow
the carryforward of health flexible spending arrangement
account balances. On July 19, 2018, the House Committee on Ways
and Means held a markup, and favorably reported the bill as
amended.
H.R. 6313 allows balances in Flexible Spending Arrangements
(FSA) to be carried forward each year. (See also: Tax
legislation page 17).
(eee) H.R. 6314, Health Savings Act of 2018
On July 6, 2018, Representative Michael C. Burgess
introduced H.R, 6314, to amend the Internal Revenue Code of
1986 to allow bronze and catastrophic plans in connection with
health savings accounts. On July 19, 2018, the House Committee
on Ways and Means held a markup, and favorably reported the
bill as amended.
H.R. 6314 expands eligibility and access to Health Savings
Accounts (HSAs) by allowing plans categorized as catastrophic
and bronze in the individual and small group markets to qualify
for HSA contributions. (See also: Tax legislation page
(fff) H.R. 6317. Primary Care Enhancement Act of 2018
On July 10, 2018, Representatives Erik Paulsen and Earl
Blumenauer along with one cosponsor introduced H.R. 6317, to
amend the Internal Revenue Code of 1986 to provide that direct
primary care service arrangements do not disqualify deductible
health savings account contributions, and for other purposes.
On July 19, 2018, the House Committee on Ways and Means held a
markup, and favorably reported the bill as amended.
H.R. 6317 allows Health Savings Account (HSA)-eligible
individuals that participate in a direct primary care (DPC)
arrangement not to lose their HSA eligibility merely because of
their participation in a DPC. In addition, it allows DPC
provider fees to be paid for out of HSAs. (See also: Tax
legislation page 18).
(ggg) H.R. 6561, Comprehensive Care for Seniors Act of 2018
On July 26, 2018, Representatives Jackie Walorski and Earl
Blumenauer, along with nine cosponsors introduced H.R. 6561, a
bill to require the Centers for Medicare & Medicaid Services
(CMS) to issue a final rule based on the provisions of a
proposed rule regarding Programs of All-Inclusive Care for the
Elderly (PACE) by December 31, 2018. On September 5, 2018, the
House Committee on Ways and Means favorably reported the bill,
as amended by the amendment in the nature of a substitute, by a
voice vote (H. Rept. 115-934). On September 10, 2018, the House
committee on Energy and Commerce discharged the bill. On
September 12, 2018, Representative Jackie Walorski moved to
suspend the rules and pass the bill, as amended, and the bill
was agreed to by a voice vote.
H.R. 6561 directs the Secretary of the Department of Health
and Human Services (the Secretary'') to finalize the Program of
All-Inclusive Care for the Elderly (PACE) regulations,
originally proposed in August 2016, no later than December 31,
2018. The bill provides the Secretary with the flexibility to
make updates and changes to the proposed regulation.
(hhh) H.R. 6662, Empowering Seniors' Enrollment Decision Act of 2018
On August 10, 2018, Representatives Erik Paulsen and Ron
Kind introduced H.R. 6662, a bill to provide statutory
authority for the extension of a special enrollment period
under Medicare Advantage (MA) to enrollees in certain Medicare
Cost plans that are not transitioning into qualifying MA plans.
Current regulations allow such enrollees (i.e., non-deemed
individuals) to participate in the special enrollment period.
On September 5, 2018, the House Committee on Ways and Means
held a markup and favorably reported the bill, as amended by
the amendment in the nature of a substitute, by a voice vote
(H. Rept. 115-935). On September 10, 2018, the House Committee
on Energy and Commerce discharged the bill. On September 12,
2018, Representative Erik Paulsen moved to suspend the rules
and pass the bill, as amended, and the bill was agreed to by a
voice vote.
H.R. 6662 codifies existing regulation which allows for
non-deemed Medicare Cost Plan enrollees to take advantage of
the Special Enrollment Period (SEP) offered in statute to the
deemed Medicare Cost Plan enrollees. Additionally, it ensures
that the existing deeming authority allowed under current
statute for plan year 2019 is extended in perpetuity.
(iii) H.R. 6690, Fighting Fraud to Protect Care for Seniors Act of 2018
On August 28, 2018, Representatives Peter Roskam and Earl
Blumenauer, along with four cosponsors introduced H.R. 6690, a
bill to require the Centers for Medicare & Medicaid Services
(CMS) to establish a pilot program that evaluates the
feasibility of using smart card technology to address Medicare
fraud. On September 5, 2018, the House Committee on Ways and
Means held a markup and favorably reported the bill, as amended
by the amendment in the nature of a substitute, by a voice vote
(H. Rept. 115-936). On September 10, 2018, the House Committee
on Energy and Commerce discharged the bill. On September 12,
2018, Representative Peter Roskam moved to suspend the rules
and pass the bill, as amended, and the bill was agreed to by a
voice vote.
(jjj) H.R. 6886, Health Equity and Access for Returning Troops and
Servicemembers (HEARTS) Act of 2018
On September 25, 2018, Representatives Sam Johnson and John
Larson, along with three cosponsors introduced H.R. 6886, a
bill to amend title 10, United States Code, to modify the
requirement for certain former members of the Armed Forces to
enroll in Medicare Part B to be eligible for TRICARE for Life,
and to amend title XVIII of the Social Security Act to provide
for coverage of certain DNA specimen provenance assay tests
under the Medicare program. On September 28, 2018, the House
Committee on Energy and Commerce, the House Committee on Ways
and Means, and the House Committee on Armed Services each
discharged the bill. The bill was considered by unanimous
consent and passed without objection on September 25, 2018.
D. Legislative Review of Human Resources Issues
1. BILLS ENACTED INTO LAW DURING THE 115TH CONGRESS
(a) Disapproving the rule submitted by the Department of Labor relating
to drug testing of unemployment compensation applicants
On January 1, 2017, Chairman Kevin Brady and thirty-five
cosponsors introduced H. J. Res. 42, a joint resolution under
the Congressional Review Act to nullify the rule finalized by
the Department of Labor on August 1, 2016, relating to
establishing, for state unemployment compensation program
purposes, occupations that regularly conduct drug testing. On
February 15, 2017, the joint resolution passed the House by the
Yeas and Nays: 236-189 (Roll no. 97). On March 13, 2017, the
motion to proceed to consideration of the measure was agreed to
by voice vote in the Senate. On March 14, 2017, the joint
resolution was considered in the Senate and passed, without
amendment, by the Yeas and Nays: 51-48 (Record Vote Number:
87). On March 31, 2017, the joint resolution was signed by the
President and became Public Law No: 115-17.
(b) Consolidated Appropriations Act, 2017
On April 25, 2017, Representative Vern Buchanan introduced
H.R. 2126, the What Works to Move Welfare Recipients into Jobs
Act, to strengthen welfare research and evaluation by
establishing a ``What Works Clearinghouse'' at the Department
of Health and Human Services. This bill was included in the
H.R. 244, the Consolidated Appropriations Act of 2017, under
Division M, Title I, Section 102, and requires HHS to develop a
database (the What Works Clearinghouse of Proven and Promising
Projects to Move Welfare Recipients into Work) or projects that
used a proven approach or a promising approach in moving
welfare recipients into work, based on independent, rigorous
evaluations of the projects. On May 3, 2017, the House passed
H.R. 244 by the Yeas and Nays: 309-1188 (Roll no. 249). On May
4, 2017, the bill was considered in the Senate and passed, by
the Yeas and Nays: 79-18 (Record Vote Number: 121). On May 5,
2017, H.R. 244 was signed by the President and became Public
Law No: 115-31.
(c) Emergency Aid to American Survivors of Hurricanes Irma and Jose
Overseas Act
On September 11, 2017, Representative David Reichert
introduced H.R. 3732, the Emergency Aid to American Survivors
of Hurricanes Irma and Jose Overseas Act. This bill amends
Title XVI of the Social Security Act to increase, from $1
million to $25 million, the maximum amount of temporary
assistance that may be provided annually in FY2017-FY2018. On
September 11, 2017, the Committee on Ways and Means and the
Committee on the Budget discharged the bill, and it passed both
the House and the Senate without objection by Voice Vote. On
September 12, 2017, the bill was signed by the President and
became Public Law No: 115-57.
(d) Bipartisan Budget Act of 2018
On April 4, 2017, Representatives John Larson and David
Reichert, along with fifteen cosponsors introduced H.R. 1892,
the Bipartisan Budget Act of 2018 (BBA). On February 9, 2018
BBA was agreed to in the Senate by the Yeas and Nays: 71-28
(Record Vote Number: 31), and in the House by the Yeas and
Nays: 240-186 (Roll no. 69) and was signed by the President and
became Public Law No: 115-123. The Bipartisan Budget Act
contains twelve bills that the Subcommittee on Human Resources
introduced in the 115th Congress. (See also: Health legislation
page 40).
(e) The Family First Prevention Services Act (FFPSA) of 2017
On January 4, 2017, Representative Vern Buchanan
Representative Sander M. Levin, and seven bipartisan cosponsors
introduced H.R. 253. FFPSA amends parts B and E of Title IV of
the Social Security Act to: invest in funding prevention and
family services to help keep children safe and supported at
home; and ensure that children in foster care are placed in the
least restrictive, most family-like, and appropriate settings.
The bill amends part E (Foster Care and Adoption Assistance) of
title IV of the Social Security Act (SSAct) regarding, among
other matters: (1) mental health and substance abuse prevention
and treatment services and in-home parenting skill-based
programs, (2) foster care maintenance payments for children
with parents in a licensed residential family-based treatment
facility for substance abuse, and (3) payments for evidence-
based kinship navigator programs. Part B of title IV (Child and
Family Services) of the SSAct is amended regarding, among other
matters: (1) time limits for family reunification services for
children in foster care or returning home, (2) grants for the
development of an electronic interstate case-processing system
to expedite the interstate placement of children in foster care
or guardianship or for adoption, and (3) targeted grants to
increase the well-being of children affected by substance
abuse. The bill appropriates certain funding to Department of
Health and Human Services for FY2018 for competitive grants to
states, Indian tribes, or tribal consortia to support the
recruitment and retention of high-quality foster families. The
bill amends part B of title IV of the SS Act to reauthorize
through FY2021: (1) the Stephanie Tubbs Jones Child Welfare
Services Program, (2) promotion of safe and stable families
program, (3) funding reservations for monthly caseworker visits
and regional partnership grants, and (4) funding for state
courts. Part E of title IV of the SS Act is amended to: (1)
revise the John H. Chaffee Foster Care Independence Program and
related provisions, and (2) reauthorize adoption and legal
guardianship incentive programs through FY2021.
H.R. 253 was included in the Bipartisan Budget Act of 2018
under Division E, Title VII. Its predecessor, H.R. 5456 in the
114th Congress was introduced in the House on June 13, 2016. It
was subsequently reported out by the Committee and agreed to in
the House by Voice Vote on June 21, 2016. No additional Senate
action was taken.
(f) Social Impact Partnerships to Pay for Results Act
On January 13, 2017, Representative Patrick Tiberi,
Representative John Delaney and thirteen bipartisan cosponsors
introduced H.R. 576. H.R. 576 is now led by Representative
Jackie Walorski and encourages and supports partnerships
between the public and private sectors to improve our Nation's
social programs. The bill provides up to $100 million for the
federal government to pay for outcomes under a social impact
partnership. To do this, the bill allows the Department of the
Treasury to enter into agreements with state and local
governments for social-impact partnership projects for which
federal funds shall be awarded only if a project achieves
certain agreed-upon outcomes resulting in both social benefit
and federal, state, or local savings. In carrying out these
agreements, Treasury must consult with the Federal Interagency
Council on Social Impact Partnerships and the Commission on
Social Impact Partnerships (both newly established by the
bill). Treasury may transfer to another federal agency the
authority to administer the agreements. At least 50% of all
federal payments made under such agreements must be used for
initiatives that directly benefit children.
H.R. 576 was included in the Bipartisan Budget Act of 2018
under Division E, Title VIII.
(g) Flexibility to Promote Reemployment Act
On February 15, 2017, Representative James Renacci and four
cosponsors introduced H.R. 1091, to amend certain provisions of
the Social Security Act relating to demonstration projects
designed to promote the reemployment of unemployed workers. The
bill authorizes the structure of reemployment services and
eligibility assessments (RESEA) within the unemployment
insurance (UI) program to reduce benefit duration and improve
overall integrity. Further, H.R. 1091 expects preparation for
work in exchange for benefits, improves coordination with the
workforce development system, and focuses on outcomes. H.R.
1091 was included in the Bipartisan Budget Act of 2018 under
Division C, Title II, Section 30206.
(h) Increasing Opportunity and Success for Children and Parents through
Evidence-Based Home Visiting Act
On March 2, 2017, Representative Adrian Smith and seven
cosponsors introduced H.R. 2824, a bill to amend Title V of the
Social Security Act to extend the Maternal, Infant, and Early
Childhood Home Visiting Program. H.R. 2824 reauthorizes the
MIECHV program for five years (through FY2022) and helps
families by: requiring states to demonstrate improvements in at
least four of the six benchmark areas specified in law;
requiring states to conduct follow-up statewide needs
assessments by FY2020, and at least once every five years
thereafter; allowing states to fund home visiting services on a
``pay-for-outcomes'' basis, etc.
The House Committee on Ways and Means held a markup and
favorably reported the bill as amended by the Yeas and Nays:
22-15 on September 13, 2017. The House Committee on Energy and
Commerce discharged the bill on September 21, 2017. The House
passed the bill by recorded vote 214-209 (Roll no. 537) on
September 26, 2017. H.R. 2824 was not brought to the Senate
floor, but instead was included in the Bipartisan Budget Act of
2018 under Division E, Title VI, Subtitle A, Section 50601.
(i) Standard Data and Technology Advancement (DATA) Act of 2017
On April 28, 2017, Representative Tom Reed, Representative
Danny K. Davis, and five bipartisan cosponsors introduced H.R.
2250, to amend Title XVI of the Social Security Act to
establish consistent requirements for the electronic content
and format of data used in the administration of certain human
services programs. H.R. 2250 was included in the Bipartisan
Budget Act of 2018 under Division E, Title VII, Subtitle A,
Part VI, Section 50771. The Standard DATA Act language was
added to the section in the BBA extending the Maternal, Infant,
and Early Childhood Home Visiting Program, using H.R. 2824, and
requires the Department of Health and Human Services to develop
data standards for home visiting programs that will help state
agencies and the federal government more easily exchange
information to ensure the integrity of programs and improve
services for families in need, all while maintaining privacy
standards.
(j) Modernizing the Interstate Placement of Children in Foster Care Act
On May 25, 2017, Representative Jackie Walorski,
Representative Danny K. Davis, and six bipartisan cosponsors
introduced H.R. 2742, to amend Title IV of the Social Security
Act to require States to adopt an electronic system to help
expedite the placement of children in foster care or
guardianship, or for adoption, across State lines, and to
provide funding to aid States in developing such a system. The
bill would allow states to connect to an electronic interstate
case-processing system that has already been tested in five
states and the District of Columbia and has shown to
substantially reduce the amount of time children have to wait
to be placed in the right home when they must move across state
lines.
H.R. 2742 was included in the Bipartisan Budget Act of 2018
under Division E, Title VII, Subtitle A, Part I, Section 50722.
(k) Supporting Families in Substance Abuse Treatment Act
On June 8, 2017, Representative Kristi Noem, Representative
Judy Chu, and Representative Danny K. Davis introduced H.R.
2857, a bill to amend Title IV-E of the Social Security Act to
support foster care maintenance payments for children with
parents in a licensed residential family-based treatment
facility for substance abuse through federal foster care
payments for up to twelve months. To be eligible for these
payments, the child's placement with a parent in the treatment
facility must be recommended in the child's case plan and the
facility must incorporate trauma-informed parent education,
parenting skills, and counseling as part of its substance abuse
treatment.
The House suspended the rules and passed the bill as mended
by voice vote on June 20, 2017. H.R. 2857 was included in the
Bipartisan Budget Act of 2018 under Division E, Title VII,
Subtitle A, Part I, Section 50712.
(l) Partnership Grants to Strengthen Families Affected by Parental
Substance Abuse Act
On June 8, 2017, Representative Danny Davis and five
bipartisan cosponsors introduced H.R. 2834, a bill to improve
the well-being of, and improve permanency outcomes for,
children and families affected by heroin, opioids, and other
substance abuse. H.R. 2834 provides funds to states to prevent
child abuse and neglect related to substance abuse,
specifically focusing on addressing the opioid and heroin
epidemic. The House suspended the rules and passed the as
amended by voice vote on June 20, 2017.
H.R. 2834 was included in the Bipartisan Budget Act of 2018
under Division E, Title VII, Subtitle A, Part II, Section
50723. The Regional Partnership Grant program was reauthorized
in the Family First Prevention Services Act within the
Bipartisan Budget Act.
(m) Reducing Unnecessary Barriers for Relative Foster Parents Act
On June 8, 2017, Representative Lloyd Smucker,
Representative Terri Sewell and six bipartisan cosponsors
introduced H.R. 2866, a bill to review and improve licensing
standards for placement in a relative foster family home. H.R.
2866 helps relative caregivers avoid bureaucracy by promoting
best practices for states by providing model foster care
licensing standards with a focus on ensuring states promote
placements with family members for children in care. This bill
is focused on reducing bureaucracy and quickly placing children
in foster care with relatives, which is one of the Family First
Prevention Services Acts' biggest goals.
The House passed the bill as amended by the Yeas and Nays
(2/3 required) 382-19 (Roll no. 310) on June 21, 2017. H.R.
2866 was included in the Bipartisan Budget Act of 2018 under
Division E Title VII, Subtitle A, Part III, Section 50731.
(n) Improving Services for Older Youth in Foster Care Act
On June 8, 2017, Representative John Faso, Representative
Karen Bass and four bipartisan cosponsors introduced H.R. 2847,
a bill to make improvements to the John H. Chafee Foster Care
Independence Program and related provisions. H.R. 2847 improves
support for the transition to adulthood by updating the Chafee
program to: allow states the option of continuing to assist
older former foster youth up to age 23; extend to age 26
eligibility for Education and Training Vouchers under Chafee;
require HHS to report on the National Youth in Transition
Database (NYTD) and other relevant databases that track
outcomes of youth who aged out or exited care to adoption or
kinship guardianship; ensure that youth who age out of foster
care are provided official documentation that proves they were
previously in foster care.
The House suspended the rules and passed the bill by the
Yeas and Nays (2/3 required) 391-8 (Roll no. 309) on June 20,
2017. H.R. 2847 was included in the Bipartisan Budget Act of
2018 under Division E, Title VII, Subtitle A, Part V, Section
50753.
(o) Continuation of Useful Resources to States (COURTS) Act
On November 28, 2017, Representative Kevin Brady and four
cosponsors introduced H.R. 4461, the Continuation of Useful
Resources to States Act (COURTS Act), to amend subpart 2 of
part B of Title IV of the Social Security Act to extend State
court funding for child welfare. This bill extends and fully
funds the Court Improvement Program (CIP) at $30 million
annually to provide grants to the highest court in any state
operating a Title IV-E child welfare program.
H.R. 4461 was included in the Bipartisan Budget Act of 2018
under Division E, Title VII, Subtitle A, Part VI, Section
50761. The COURTS Act was included in the four-year
reauthorization for the Promoting Safe and Stable Families and
Child Welfare Services programs through the Family First
Prevention Services Act within the BBA.
2. OTHER PROPOSALS DURING THE 115TH CONGRESS
(a) Preparing More Welfare Recipients for Work Act
On March 2, 2017, Representative James Renacci and Derek
Kilmer, along with five cosponsors introduced H.R. 1352, to
encourage States to engage more TANF recipients in activities
leading to employment and self-sufficiency, and to simplify
State administration of TANF work requirements. The bill
eliminates the distinction between core work activities and
other specified work activities related to training and
education, and increases, from 12 to 24 months, the maximum
period for which vocational educational training counts a work
activity. H.R. 1352 was included in H.R. 5861, the Jobs and
Opportunity with Benefits and Services (JOBS) for Success Act
(mentioned below).
(b) Help Americans in Need Develop their Ultimate Potential (HAND UP)
Act
On April 28, 2017, Representative Tom Reed and six
cosponsors introduced H.R. 2249, to authorize a State or a
portion of a State to conduct a demonstration project designed
to test methods of program integration and coordination of
services with the goals of moving individuals and families
towards self-sufficiency, reducing welfare dependence, and
increasing work and earnings. On May 11, 2017, H.R. 2249 was
referred to the Subcommittee on Human Resources.
(c) Control Unlawful Fugitive Felons Act of 2017
On June 6, 2017, Representative Kristi Noem and three
cosponsors introduced H.R. 2792, a bill to amend the Social
Security Act to make certain revisions to provisions limiting
payment of benefits to fugitive felons under titles II, VIII,
and XVI of the Social Security Act. H.R. 2792 prohibits
individuals subject to an outstanding arrest warrant for a
felony from receiving Supplemental Security Income (SSI)
payments. The House Committee on Ways and Means held a markup a
favorably reported the bill as amended by the Yeas and Nays:
23-14, on September 13, 2017. The House passed the bill by the
Yeas and Nays: 244-171 (Roll no. 543) on September 28, 2017.
(d) Accelerating Individuals into the Workforce Act
On June 6, 2017, Representative Carlos Curbelo and
Representative Danny K. Davis introduced H.R. 2842, a bill to
amend provide for the conduct of demonstration projects to test
the effectiveness of subsidized employment for TANF recipients.
H.R. 2842 encourages employer-led partnerships to help people
move from welfare to work by: encouraging state and local
agencies to hire recipients from the TANF program; reserving up
to $100 million to subsidize the wages of TANF recipients for
up to 12 months; sets aside 15% of funds for programs that
offer Workforce Innovation and Opportunity Act (WIOA) defined
Career Pathway services; allows no more than 50% of the wage
for a TANF recipient to be subsidized using funds from this
bill; requires states to report on outcome measures and provide
high-quality evaluations to determine whether these public-
private partnerships were effective in helping welfare
recipients move into jobs, retain work, and increase their
earnings over time. The Committee on Ways and Means held a
markup and favorably reported the bill as amended by voice vote
on June 15, 2017. The House passed the bill by the Yeas and
Nays 377-34 (Roll no. 322) on June 23, 2017.
(e) Permanency for Children Act of 2017
On June 28, 2017, Representative Vicky Hartzler and five
cosponsors introduced H.R. 3092, to amend Title IV-D of the
Social Security Act to require the Secretary of Health and
Human Services to modify the Federal Parent Locator Service to
improve search functions and include State responsible father
registry search functions. On July 12, 2017, H.R. 3092 was
referred to the Subcommittee on Human Resources.
(f) TANF Accountability and Integrity Improvement Act
On July 26, 2017, Representative Kristi Noem introduced
H.R. 3437 to prevent States from counting certain
expenditures--more specifically, third-party contributions--as
State spending to reduce TANF work requirements.
On July 26, 2017, H.R. 3437 was referred to the
Subcommittee on Human Resources. H.R. 3437 was included in H.R.
5861, the Jobs and Opportunity with Benefits and Services
(JOBS) for Success Act (mentioned below).
(g) Coordinating Assistance for TANF Recipients Act
On October 27, 2017, Representative Jackie Walorski and one
cosponsor introduced H.R. 4167, to provide for the conduct of
demonstration projects to provide coordinated case management
services for TANF recipients. H.R. 4167 establishes Coordinated
Case Management Demonstration Projects to help individuals
receiving assistance increase their employment and self-
sufficiency. H.R. 4167 was included in H.R. 5861, the Jobs and
Opportunity with Benefits and Services (JOBS) for Success Act
(mentioned below).
(h) Navy SEAL Chief Petty Officer William `Bill' Mulder (Ret.)
Transition Improvement Act of 2018
On April 27, 2018, Representative Jodey Arrington and
eleven cosponsors introduced H.R. 5649, a bill to amend titles
10 and 38, United States Code, to amend the Social Security
Act, and to direct the Secretaries of Veterans Affairs,
Defense, Labor, and Homeland Security, and the Administrator of
the Small Business Administration, to take certain actions to
improve transition assistance to members of the Armed Forces
who separate, retire, or are discharged from the Armed Forces,
and for other purposes. On July 16, 2018, the Chairman of the
Committee on Veterans' Affairs, David Roe, M.C., sent a letter
to the Chairman of the Committee on Ways and Means, Kevin
Brady, to ask to consider H.R. 5649, as amended, for floor
consideration. Chairman Kevin Brady sent a follow-up letter on
July 17, 2018 to approve Chairman Roe's request. Following this
exchange of letters, on July 24, 2018, the House Committee on
Veterans' Affairs favorably reported the bill as amended, and
the House agreed to suspend the rules and pass the bill by
voice vote.
(i) Improving Access to Child Care Act
On May 16, 2018, Representative Mike Bishop and one
cosponsor introduced H.R. 5835, to amend Title IV-A of the
Social Security Act to support work by increasing access to
child care. H.R. 5835 increases the current funding for the
Child Care Entitlement to States portion of the Child Care
Development Fund (CCDF) to $3.5 billion annually from $2.9
billion annually. The Improving Access to Child Care Act is
included in H.R. 5861, the Jobs and Opportunity with Benefits
and Services (JOBS) for Success Act (mentioned below).
(j) Supporting Work Through Apprenticeships Act
On May 16, 2018, Representative Mike Bishop and three
cosponsors introduced H.R. 5836, to amend Title IV-A of the
Social Security Act to increase opportunities for success by
promoting apprenticeships. The bill includes apprenticeships
within the current law definition of ``on-the-job training.''
H.R. 5836 is included in H.R. 5861, the Jobs and Opportunity
with Benefits and Services (JOBS) for Success Act (mentioned
below).
(k) Improving Access to Work Act
On May 16, 2018, Representative Darin LaHood and one
cosponsor introduced H.R. 5838, to amend Title IV-A of the
Social Security Act to refocus funding to emphasize core work
purposes. The bill requires states to address the core work
purposes, rather than use federal assistance funds to fill
state budget holes and adds non-supplantation language to
prohibit the diversion of federal funds to replace state
spending. Additionally, H.R. 5838 directs the Department of
Health and Human Services (HHS) to ensure that states are
satisfying the ``supplement not supplant'' requirement that
this bill enforces. H.R. 5838 is included in H.R. 5861, the
Jobs and Opportunity with Benefits and Services (JOBS) for
Success Act (mentioned below).
(l) Helping Americans Succeed by Measuring Outcomes Act
On May 16, 2018, Representative Tom Reed and one cosponsor
introduced H.R. 5842, to amend Title IV-A of the Social
Security Act to measure work outcomes and ease the transition
to work. The bill applies an outcome-based performance
accountability system to assess the effectiveness of states in
increasing employment, retention and advancement among families
receiving assistance, replacing the work participation rate as
the primary state accountability mechanism. H.R. 5842 also
establishes four indicators of performance, in alignment with
those used under the Workforce Innovation and Opportunity Act
(WIOA), to be determined on a state-by-state basis jointly with
the Secretary of Health and Human Services. H.R. 5842 is
included in H.R. 5861, the Jobs and Opportunity with Benefits
and Services (JOBS) for Success Act (mentioned below).
(m) The Benefits to Employment Act
On May 16, 2018, Representative Jason Smith and one
cosponsor introduced H.R. 5843, to amend Title IV-A of the
Social Security Act to increase expectations and engagement to
promote work. The bill retains the strong focus on work by
requiring all work-eligible individuals receiving assistance to
participate in work or work preparation activities for a
minimum number of hours per month in exchange for benefits.
H.R. 5843 also expects universal engagement and case management
that begins with an initial assessment of education, skills,
and work readiness to develop an individual opportunity plan.
H.R. 5843 is included in H.R. 5861, the Jobs and Opportunity
with Benefits and Services (JOBS) for Success Act (mentioned
below).
(n) Protecting Family Resources and Training Options Act
On May 16, 2018, Representative Carlos Curbelo and one
cosponsor introduced H.R. 5847, to amend Title IV-A of the
Social Security Act to improve transparency and accountability
through better data reporting. H.R. 5847 requires that program
data be subject to improper payment reviews consistent with
other programs across government, with respect to applicable
federal and state laws and policies, to produce a national
error rate for the program. Additionally, the bill clarifies
that vocational education training includes career technical
education and removes the 12-month time limit on such training
and education. H.R. 5847 is included in H.R. 5861, the Jobs and
Opportunity with Benefits and Services (JOBS) for Success Act
(mentioned below).
(o) Preserving Welfare for Needs Not Weed Act
On May 16, 2018, Representative David Reichert and one
cosponsor introduced H.R. 5853, to prohibit assistance provided
under the program of block grants to States for temporary
assistance for needy families from being accessed through the
use of an electronic benefit transfer card at any store that
offers marijuana for sale. H.R. 5853 is included in H.R. 5861,
the Jobs and Opportunity with Benefits and Services (JOBS) for
Success Act (mentioned below).
(p) Improving Transparency in TANF through Data Act
On May 16, 2018, Representative David Schweikert and five
cosponsors introduced H.R. 5854, to amend Title IV-A of the
Social Security Act to increase transparency and accountability
through better data reporting. H.R. 5854 requires reporting of
full population data, rather than samples, in order to improve
transparency and sub-state analysis. The bill also adds
reporting to capture the number of hours per month for each
work eligible individual and instructs the Department of Health
and Human Services (HHS) HHS and the Department of Labor (DOL)
to determine information necessary to be collected for the
measurement of employment and earnings outcomes of work-
eligible individuals, in the shift to measure outcomes as the
primary means of accountability. H.R. 5854 is included in H.R.
5861, the Jobs and Opportunity with Benefits and Services
(JOBS) for Success Act (mentioned below).
(q) Jobs and Opportunity with Benefits and Services (JOBS) for Success
Act
On May 17, 2018, Representative Adrian Smith and thirty-
five cosponsors introduced H.R. 5861, a bill to amend part A of
title IV of the Social Security Act to reauthorize the
Temporary Assistance for Needy Families (TANF) program. H.R.
5861 extends TANF and related funds for five years through
FY2023, strengthens work requirements through universal
engagement and case management, restores accountability by
measuring and paying for real employment and earnings outcomes,
focuses funding on truly needy families and core purposes that
support work, and improves program integrity by measuring
improper payments and program errors. The JOBS for Success Act
contains eleven bills that were referred to the Subcommittee on
Human Resources: H.R. 1352, H.R. 3437, H.R. 4167, H.R. 5835,
H.R. 5836, H.R. 5838, H.R. 5842, H.R. 5843, H.R. 5847, H.R.
5853, and H.R. 5854. On May 23-24, 2018, the House Committee on
Ways and Means held a markup, and favorably reported the bill
as amended on June 13, 2018.
E. Legislative Review of Social Security Issues
1. BILLS ENACTED INTO LAW DURING THE 115TH CONGRESS
(a) Social Security Number Fraud Prevention Act of 2017 (P.L. 115-59)
On January 24, 2017, Representatives David Valadao and Eric
Swalwell introduced H.R. 624. This bill had 33 cosponsors. H.R.
624 restricts the inclusion of Social Security account numbers
on federal documents sent by mail, and for other purposes. H.R.
624 generally prohibits agencies of the federal government from
mailing documents containing full Social Security numbers
(SSNs) by September 15, 2022, and requires agencies to provide
annual reports to Congress that include updates of the
agencies' progress in implementing the law. On May 23, 2017,
the House Committee on Oversight and Government Reform
favorably reported the bill as amended (H. Rept. 115-150, Part
I), and the Committee on Ways and Means discharged H.R. 624. On
May 24, 2017, the House suspended the rules and passed the
bill, as amended, by voice vote. On September 6, 2017, the
Senate passed H.R. 624 without amendment by Unanimous Consent.
The bill was signed by the President and became Public Law No.
115-59 on September 15, 2017.
(b) Economic Growth, Regulatory Relief, and Consumer Protection Act
(P.L. 115-174)
On November 16, 2017, Senator Mike Crapo introduced S.
2155, the Economic Growth, Regulatory Relief, and Consumer
Protection Act. This bill had 26 cosponsors. S. 2155 includes
an amendment introduced by Senator Tim Scott to combat
synthetic identity fraud by allowing financial institutions to
obtain electronic consent from individuals before verifying
their personal information against the Social Security
Administration's (SSA's) records. On March 14, 2018 the Senate
passed the bill by a Yea-Nay vote 67-31. On May 22, 2018, the
bill was passed in the House by a Yea-Nay vote 258-159. On May
24, 2018, S. 2155 was signed by the President and became Public
Law No. 115-174.
The Protecting Children from Identity Theft Act (H.R.
5192), a standalone version of section 215 of S. 2155, was
introduced on March 7, 2018 by Representatives Carlos Curbelo
and Kyrsten Sinema. This bill had 14 cosponsors. H.R. 5192
would authorize the Commissioner of Social Security to provide
confirmation of fraud protection data to certain permitted
entities, and for other purposes. The Committee on Ways and
Means favorably reported the bill as amended by a Yea-Nay vote
38-0 on April 11, 2018. On April 17, 2018, the House passed the
bill by a Yea-Nay vote 420-1 (Roll no. 142).
(c) Providing for congressional disapproval under chapter 8 of title 5,
United States Code, of the rule submitted by the Social
Security Administration relating to Implementation of the NICS
Improvement Amendments Act of 2007 (P.L. 115-8)
On January 30, 2017, Representative Sam Johnson and
Representative Ralph Abraham introduced H.J. Res. 40. This had
119 cosponsors. H.J. Res. 40 overturned a regulation finalized
under the Obama Administration that infringes upon the Second
Amendment rights of certain Social Security disability
beneficiaries. On February 2, 2017, it was passed in the House
by a Yea-Nay vote 235-180. On February 15, 2017, it was passed
in the Senate by a Yea-Nay vote 57-43. On February 28, 2017, it
was signed by the President and became Public Law No. 115-8.
(d) Strengthening Protections for Social Security Beneficiaries Act of
2018 (P.L. 115-165)
On December 5, 2017, Representative Sam Johnson and
Representative John Larson introduced H.R. 4547. This bill had
74 cosponsors. H.R. 4547, a bill to amend titles II, VIII, and
XVI of the Social Security Act, makes changes to Social
Security's representative payment program. This legislation
strengthens oversight of representative payees and increases
beneficiary protections, while improving payee selection and
quality. The House suspended the rules and passed the bill by a
Yea-Nay vote 396-0 (Roll no. 51) on February 5, 2018. The
Senate passed the bill by unanimous consent on March 23, 2018.
On April 13, 2018, the bill was signed by the President and
became Public Law No. 115-165.
(e) Tribal Social Security Fairness Act of 2018
On June 15, 2018, Representative David G. Reichert,
Representative Suzan DelBene, Representative Tom Cole, and
Representative Derek Kilmer introduced H.R. 6124. This bill had
three other cosponsors. H.R. 6124 is a bill to amend title II
of the Social Security Act to allow Tribal Councils to
voluntarily enter into Social Security coverage agreements with
the Social Security Administration (SSA). On June 21, 2018, the
Committee on Ways and Means favorably reported the bill as
amended. The House agreed to suspend the rules and pass the
bill as amended by voice vote on July 24, 2018. On September 6,
2018, the Senate passed the bill without amendment by unanimous
consent. H.R. 6124 was signed by the President and became
Public Law No. 115-243 on September 20, 2018.
2. OTHER PROPOSALS DURING THE 115TH CONGRESS
(a) Social Security Child Protection Act of 2018
On March 13, 2017, Representative Kenny Marchant and
Representative Lloyd Doggett introduced H.R. 1512. This bill
had 11 cosponsors. H.R. 1512, a bill to amend title II of the
Social Security Act, provides the reissuance of Social Security
account numbers to young children in cases where
confidentiality has been compromised. The Committee favorably
reported the bill on April 13, 2018. The House suspended the
rules and passed by voice vote on April 17, 2018. This protects
children under the age of 14 whose Social Security numbers have
been stolen in transit by allowing them to receive a new SSN
without having to wait for them to be harmed by that SSNs
misuse.
(b) Social Security Online Tools Innovation Act of 2018
On July 19, 2017, Representatives Sam Johnson, Mike Bishop,
and Tom Reed introduced H.R. 3309. This bill requires the
Commissioner of Social Security to develop online tools to
allow an individual entitled to Disability Insurance (DI)
benefits to obtain an estimate of the potential impact of
earnings on the individual's eligibility for and amount of DI
benefits. The Committee on Ways and Means favorably reported
the bill as amended on July 18, 2018.
(c) Improving Social Security's Service to Victims of Identity Theft
Act
On June 13, 2018, Representative Mike Bishop and
Representative John Larson introduced H.R. 6084. This bill had
ten cosponsors. H.R. 6084 amends title VII of the Social
Security Act to provide for a single point of contact at the
SSA for any individual who needs to resolve a problem with the
SSA because of misuse of his or her SSN. On June 21, 2018, the
Committee on Ways and Means favorably reported as amended on
June 29, 2018. The House agreed to suspend the rules and pass
the bill as amended by voice vote on July 24, 2018.
F. Legislative Review of Oversight Issues
Throughout the 115th Congress, the Ways and Means Committee
marked up thirteen Oversight bills. Of those, eleven have been
passed by the House. Those bills include:
(a) H. Res. 186
On March 9, 2017, Representative Bill Pascrell Jr. and
ninety-two cosponsors introduced H. Res. 186, a resolution of
inquiry directing the Secretary of the Treasury to provide to
the House of Representatives the tax returns and other
specified financial information of President Donald J. Trump.
On March 28, 2017, the Committee held a markup and unfavorably
reported the resolution (H. Rept. 115-73).
(b) Clyde-Hirsch-Sowers RESPECT Act
On March 30, 2017, Representatives Peter Roskam and Joseph
Crowley, and thirteen cosponsors, introduced H.R. 1843, a bill
to amend title 31, United States Code, to prohibit the Internal
Revenue Service from carrying out seizures relating to a
structuring transaction unless the property to be seized
derived from an illegal source or the funds were structured for
the purpose of concealing the violation of another criminal law
or regulation, to require notice and a post-seizure hearing for
such seizures, and for other purposes. The House Committee on
Ways and Means held a markup on July 13, 2017 and favorably
reported the bill as amended on September 5, 2017. The House
Committee on Financial Services discharged the bill on
September 5, 2017. The House suspended the rules and passed the
bill, as amended by voice vote on September 5, 2017.
(c) Volunteer Income Tax Assistance Permanence Act of 2017
On June 15, 2017, Representatives Carlos Curbelo and Danny
Davis, and thirty-eight cosponsors, introduced H.R. 2901, a
bill to amend the Internal Revenue Code of 1986 to make
permanent the Volunteer Income Tax Assistance matching grant
program. The House suspended the rules and passed the bill by
voice vote on April 17, 2018. (See also: Tax legislation page
12).
(d) Justice for Victims of IRS Scams and Identity Theft Act of 2018
On June 15, 2017, Representatives David Young and Kyrsten
Sinema introduced H.R. 2905, a bill to require the Attorney
General to establish procedures for expedited review of the
case of any person who unlawfully solicits personal information
for purposes of committing identity theft, while purporting to
be acting on behalf of the IRS, and for other purposes. The
House suspended the rules and passed the bill as amended by the
Yeas and Nays (2/3 required) 403-3 (Roll no. 147) on April 18,
2018. (See also: Tax legislation page 12).
(e) Ensuring Integrity in the IRS Workforce Act of 2018
On July 27, 2017, Representative Kristi L. Noem and six
cosponsors introduced H.R. 3500, a bill to amend the Internal
Revenue Code of 1986 to prohibit the Commissioner of the
Internal Revenue Service from rehiring any employee of the
Internal Revenue Service who was involuntarily separated from
service for misconduct. The House Committee on Ways and Means
held a markup and favorably reported the bill by voice vote on
June 22, 2018. On July 24, 2018, the House suspended the rules
and passed the bill as amended by voice vote. (See also: Tax
legislation page 12).
(f) H. Res. 479
On July 27, 2017, Representative Bill Pascrell Jr. and
eight cosponsors introduced H. Res. 479, a resolution of
inquiry directing the Secretary of the Treasury to provide to
the House of Representatives the tax return information of
President Donald J. Trump as well as the tax returns of each
business entity disclosed by Donald J. Trump on his Office of
Government Ethics Form 278e. On September 7, 2017, the
Committee held a markup and unfavorably reported the resolution
(H. Rept. 115-309).
(g) To require the Secretary of the Treasury to establish a program for
the issuance of identity protection personal identification
numbers.
On April 9, 2018, Representatives Erik Paulsen and Suzan
DelBene introduced H.R. 5437, a bill to require the Secretary
of the Treasury to establish a program for the issuance of
identity protection personal identification numbers. The House
Committee on Ways and Means held a markup and favorably
reported the bill as amended by voice vote on April 11, 2018.
On April 17, 2018, the House suspended the rules and passed the
bill as amended by voice vote.
(h) To amend the Internal Revenue Code of 1986 to allow officers and
employees of the Department of the Treasury to provide to
taxpayers information regarding low-income taxpayer clinics.
On April 9, 2018, Representatives George Holding and John
Lewis introduced H.R. 5438, a bill to amend the Internal
Revenue Code of 1986 to allow officers and employees of the
Department of the Treasury to provide to taxpayers information
regarding low-income taxpayer clinics. The House Committee on
Ways and Means held a markup and favorably reported the bill as
amended by voice vote on April 11, 2018. On April 17, 2018, the
House suspended the rules and passed the bill as amended by
voice vote. (See also: Tax legislation page 14).
(i) To provide for a single point of contact at the Internal Revenue
Service for the taxpayers who are victims of tax-related
identity theft.
On April 9, 2018, Representatives James Renacci and John
Lewis, and two cosponsors, introduced H.R. 5439, a bill to
provide for a single point of contact at the Internal Revenue
Service for the taxpayers who are victims of tax-related
identity theft. The House Committee on Ways and Means held a
markup and favorably reported the bill as amended by voice vote
on April 11, 2018. On April 17, 2018, the House suspended the
rules and passed the bill as amended by voice vote. (See also:
Tax legislation page 14).
(j) To require notice from the Secretary of the treasury in the case of
any closure of a Taxpayer Assistance Center
On April 9, 2017, Representatives Karen C. Handel and Tom
O'Halleran introduced H.R. 5440, a bill to require notice from
the Secretary of the Treasury in the case of any closure of a
Taxpayer Assistance Center. On April 17, 2018, the House agreed
to suspend the rules and pass the bill as amended by voice
vote. (See also: Tax legislation page 14).
(k) To amend the Internal Revenue of 1986 to require electronic filing
of the annual returns of exempt organizations and provide for
making such returns available for public inspection
On April 10, 2018, Representatives Mike Kelly and Stephanie
N. Murphy introduced H.R. 5443, a bill to amend the Internal
Revenue Code of 1986 to require electronic filing of the annual
returns of exempt organizations and provide for making such
returns available for public inspection. The House agreed to
suspend the rules and pass the bill as amended by voice vote on
April 17, 2018. (See also: Tax legislation page 15).
(l) Taxpayer First Act
On April 10, 2018, Representatives Lynn Jenkins and John
Lewis, and three cosponsors, introduced H.R. 5444, a bill to
amend the Internal Revenue Code of 1986 to modernize and
improve the Internal Revenue Service, and for other purposes.
The House Committee on Ways and Means held a markup on April
11, 2018 and favorably reported the bill as amended on April
13, 2018. The House Committee on Financial Services discharged
the bill on April 13, 2018. On April 18, 2018, the House agreed
to suspend the rules and passed the bill by the Yeas and Nays:
414-0 (Roll no. 146).
(m) To amend the Internal Revenue Code of 1986 to restrict the
immediate sale of seized property by the Secretary of the
Treasury to perishable goods
On April 10, 2018, Representatives Drew A. Ferguson and
Joseph Crowley introduced H.R. 5446, a bill to amend the
Internal Revenue Code of 1986 to restrict the immediate sale of
seized property by the Secretary of the Treasury to perishable
goods. On April 17, 2018, the House agreed to suspend the rules
and pass the bill as amended by voice vote.
(n) 21st Century IRS Act
On April 19, 2018, Representatives Mike Bishop and Suzan
DelBene, and five cosponsors, introduced H.R. 5445, a bill to
amend the Internal Revenue Code of 1986 to improve
cybersecurity and taxpayer identity protection, and modernize
the information technology of the Internal Revenue Service, and
for other purposes. On April 11, 2018, the House Committee on
Ways and Means held a markup and favorably reported the bill as
amended on April 13, 2018. The House agreed to suspend the
rules and passed the bill by the Yeas and Nays: 414-3 (Roll no.
145).
(o) Taxpayer First Act of 2018
On December 10, 2018, Representatives Lynn Jenkins and John
Lewis introduced H.R. 7227, a bill to amend the Internal
Revenue Code of 1986 to modernize and improve the Internal
Revenue Service, and for other purposes. On December 20, 2018,
the House agreed to suspend the rules and passed the bill as
amended by the Yeas and Nays: 378-11 (Roll no. 455).
II. OVERSIGHT ACTIVITY REVIEW
A. Oversight Agenda
Matters under the Committee's Trade Jurisdiction
Trade Negotiations and Trade Promotion Authority.
Fully exercise Congress' oversight responsibilities regarding
existing and new trade negotiations. Ensure the
Administration's compliance with TPA's Congressional
notification and consultation requirements and transparency
requirements. Ensure the Administration's consideration of
Congressional trade objectives contained in TPA, with the goal
of concluding comprehensive and high-ambition agreements, with
particular focus on the Asia-Pacific and the European Union.
Closely monitor the withdrawal of the United Kingdom from the
European Union to determine an appropriate time for
negotiations concerning a trade agreement.
Role of Trade in U.S. Job Creation. Oversight of
the role of trade in creating U.S. jobs and economic growth and
how to create new market access for U.S. manufactured goods,
agriculture, and services.
Miscellaneous Tariff Bill (MTB). Oversight of the
implementation of the procedures set forth in the American
Manufacturing Competitiveness Act of 2016 to reduce or suspend
tariffs for U.S. manufacturers on products not made in the
United States, to include: ensuring that the International
Trade Commission and the Executive Branch perform their roles
within the timeframes set forth in the bill and maintain an
open and transparent process; and producing a legislative
package of noncontroversial provisions for consideration by the
House.
Enforcement. Oversight of enforcement of U.S.
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
enforcement activities related to China's WTO commitments, as
well as continuing barriers imposed by India. Oversight of the
administration of U.S. trade remedy laws, as well as
enforcement related to U.S. intellectual property rights,
import safety, and illegal transshipment. Oversight of the
implementation of the Trade Facilitation and Trade Enforcement
Act of 2015 (``Customs bill'') to ensure that the new
enforcement tools in the bill are being fully utilized,
particularly with respect to evasion of trade remedies,
intellectual property violations, currency policy, forced
labor, and violations of trade agreements.
Trade Remedies. Oversight and promotion of the
enforcement of the trade remedy laws, in compliance with the
legal and evidentiary requirements established by Congress.
Oversight of implementation of the Enforce and Protect Act of
2015 by Customs and Border Protection (CBP) to address trade
remedy evasion and ensure CBP's compliance with the law as
written. Support of Administration efforts to defend the use of
the criteria established by Congress to identify non-market
economy countries for the purposes of antidumping cases.
China. Oversight of enforcement issues including
ensuring that implementation of U.S. trade remedy laws
appropriately accounts for the continued high level of
government intervention in China's economy. Oversight of
systemic problems in U.S.-China trade relations, including
issues related to China's consistent lack of protection and
enforcement of U.S. intellectual property rights; excess
production capacity for steel, aluminum, and many other
commodities; indigenous innovation requirements; use of
industrial subsidies; export restraints on key products; and
currency policies.
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. Continued analysis of the benefits of these trade
agreements for American companies, workers, ranchers and
farmers. Identify provisions of such trade agreements that
should be updated or added to increase and improve the
benefits, including by drawing on work from previous trade
negotiations.
Preference Programs. Oversight and renewal of
major U.S. trade preference programs, including the Generalized
System of Preferences (expiring December 31, 2017) and the
African Growth and Opportunity Act.
Agriculture. Oversight and promotion of
Administration efforts to increase enforcement and remove
tariff and non-tariff barriers to U.S. agriculture, including
non-science based sanitary and phytosanitary measures and
barriers to agriculture biotechnology. Continued analysis and
assessment of the broad and crucial benefits of agriculture
exports to U.S. farmers, ranchers, companies, workers, and
rural communities, and the need to increase U.S. agriculture
exports. Engagement on trade-related provisions of the 2018
Farm Bill.
Manufacturing. Oversight and promotion of
Administration efforts to increase enforcement and remove
tariff and non-tariff barriers to U.S. manufacturing. Continued
analysis and assessment of the broad and crucial benefits of
manufacturing exports to U.S. manufacturers and their
employees, and the need to increase U.S. manufacturing exports.
Preparation of a Miscellaneous Tariff Bill for consideration by
the House following the requirements of the American
Manufacturing Competitiveness Act of 2016.
Services. Oversight and promotion of
Administration efforts to increase enforcement to remove
barriers to the U.S. services sector. Analysis and assessment
of the broad and crucial benefits of services to all sectors of
the U.S. economy and the need to increase U.S. exports.
Oversight over the Trade in Services Agreement (TiSA)
negotiations.
Digital Trade and E-commerce. Oversight regarding
trade barriers faced by U.S. manufacturers, service providers,
and the agriculture sector in the area of digital trade and e-
commerce, particularly with respect to data issues
(localization measures and dataflows). Oversight regarding how
to address these issues through enforcement and trade
negotiations.
World Trade Organization (WTO). Oversight of U.S.
goals in the WTO, including negotiations such as the
Environmental Goods Agreement, the functioning of the dispute
settlement system, and WTO accessions (including consideration
of legislation granting Permanent Normal Trade Relations status
and graduation from the Jackson-Vanik amendment's
requirements). Analysis of the benefits of WTO membership for
the United States, including the success of the WTO dispute
settlement system and the importance of predictable rules to
U.S. businesses and consumers. Monitor the progress of WTO
members in undertaking the domestic processes necessary to
bring the Trade Facilitation Agreement into force.
Trade Sanctions. Oversight concerning import
sanctions with, among others, Iran, Russia, Cuba, North Korea,
and Syria.
Trade Adjustment Assistance. Continued oversight
concerning the Trade Adjustment Assistance programs for
workers, firms, communities, and farmers, to monitor the
effectiveness of these programs in providing training and new
jobs for displaced workers in a simple and cost-effective
manner.
Priorities of the Office of the United States
Trade Representative (USTR). Oversight over USTR to evaluate
priorities for the 115th Congress and the trade agenda, and to
assure its statutory role with respect to trade policy.
Priorities of Customs and Border Protection (CBP).
Oversight over CBP and implementation of Customs revenue
functions. Oversight of the implementation of the Customs bill
to ensure that the new enforcement tools provided in the bill
are being fully utilized by CBP, including provisions relating
to evasion of trade remedy laws and forced labor.
Priorities of the United States International
Trade Commission. Oversight over the Commission concerning
overall priorities and operations.
B. Actions Taken and Recommendations Made with Respect to Oversight
Plan
SUBCOMMITTEE ON OVERSIGHT
Actions Taken
SUBCOMMITTEE HEARINGS
On January 24, 2017, the Subcommittee on Oversight received
testimony on examining the effectiveness of the individual
mandate under the Affordable Care Act from: (i) Mr. Thomas
Miller, Resident Fellow, American Enterprise Institute; (ii)
Mr. John R. Graham, Senior Fellow at the National Center for
Policy Analysis; (iii) Dr. John E. McDonough, DrPH, MPA,
Professor of Practice, Department of Health Policy &
Management, Harvard TH Chan School of Public Health. The
Subcommittee examined the individual mandate penalty and its
effectiveness in stabilizing health insurance markets.
On February 7, 2017, the Subcommittee on Social Security
and the Subcommittee on Oversight received testimony at a
hearing entitled ``Examining the Social Security
Administration's Representative Payee Program: Determining Who
Needs Help'' from: (i) Marianna LaCanfora, Acting Deputy
Commissioner, Office of Retirement and Disability Policy,
Social Security Administration; (ii) Dr. Paul Appelbaum,
Elizabeth K. Dollard Professor of Psychiatry, Medicine & Law,
Columbia University; (iii) Lindsay Nichols, Senior Attorney,
The Law Center to Prevent Gun Violence/Americans for
Responsible Solutions; (iv) Gale Stallworth Stone, Acting
Inspector General, Social Security Administration. The hearing
focused on the capability determination process used by the
Social Security Administration (SSA) to assess whether an
individual needs a representative payee to manage benefit
payments on their behalf. The witnesses discussed how
capability determinations are made, concerns with the SSA's
current process, and recommendations for improvement.
On March 22, 2017, the Subcommittee on Oversight and the
Subcommittee on Social Security received testimony on Social
Security's Representative Payee Program from: (i) Ms. Marianna
LaCanfora, Acting Deputy Commissioner, Office of Retirement and
Disability Policy, Social Security Administration; (ii) Ms.
Gale Stallworth Stone, Acting Inspector General, Social
Security Administration; (iii) Ms. Marty Ford, Senior Executive
Officer, Public Policy, The Arc, on behalf of the Consortium
for Citizens with Disabilities Social Security Task Force; (iv)
Ms. Brenda Uekert, Principal Court Research Consultant,
National Center for State Courts; (v) Mr. David Slayton,
Administrative Director, Office of Court Administration, Texas
Judicial Branch. This hearing was a follow-up hearing to the
joint Social Security Subcommittee and Oversight Subcommittee
hearing held on February 7, 2017, entitled ``Examining the
Social Security Administration's Representative Payee Program:
Determining Who Needs Help.'' This second hearing focused on
how Social Security selects and monitors those serving as
payees. The hearing also looked at innovative efforts at the
state level, including recent changes that Texas has made to
its guardianship program. Members indicated interest in
bipartisan legislation to improve the representative payee
program. This legislation entitled ``Strengthening Protections
for Social Security Beneficiaries Act of 2018'' was later
introduced on December 5, 2017 and signed into law on April 13,
2018.
On April 26, 2017, the Subcommittee on Oversight received
testimony on the 2017 tax filing season from: (i) Ms. Kirsten
Wielobob, Deputy Commissioner for Services and Enforcement,
Internal Revenue Service (IRS); (ii) Mr. Michael McKenney,
Deputy Inspector General for Audit, Treasury Inspector General
for Tax Administration (TIGTA); (iii) Ms. Jessica Lucas-Judy,
Acting Director, Strategic Issues, Government Accountability
Office (GAO). The hearing focused on efforts made by the IRS to
provide services to taxpayers, combat identity theft, and
collect taxes in the 2017 tax filing season. Topics covered
included the newly implemented Protecting Taxpayers from Tax
Hikes Act of 2015 anti-fraud provisions, identity theft, Earned
Income Tax Credit improper payments, taxpayer access to face-
to-face customer services, the IRS's revised civil asset
forfeiture procedures, and private debt collection activities.
On May 19, 2017, the Subcommittee on Oversight received
testimony on IRS reform from the National Taxpayer Advocate,
Ms. Nina Olson. The hearing provided input on reforms that can
be made to the IRS based on the experience of the Taxpayer
Advocate Service, an independent office which helps taxpayers
resolve problems with the IRS.
On July 19, 2017, the Subcommittee on Oversight received
testimony on efforts to combat waste, fraud, and abuse in the
Medicare program from: (i) Mr. James Cosgrove, Director, Health
Care, GAO; (ii) Mr. Jonathan Morse, Acting Director, Center for
Program Integrity, Centers for Medicare and Medicaid Services
(CMS). The hearing focused on how CMS identifies and combats
waste, fraud, and abuse in both traditional Medicare and the
Medicare Advantage program. In 2015, the Medicare program
(including Fee-for- Service, Medicare Advantage, and Part D)
reported that it made $59.6 billion in improper payments,
representing nearly 10 percent of all Medicare spending.
Reducing improper payments is critical to protecting the
integrity of the program and ensuring that taxpayer dollars are
well spent.
On July 25, 2017, the Subcommittee on Oversight received
testimony on the IRS's electronic record retention policies
from: (i) Mr. Gregory Kutz, Assistant Inspector General for
Audit, Management Services and Exempt Organizations, TIGTA;
(ii) Mr. Jeffrey Tribiano, Deputy Commissioner for Operations
Support, IRS; (iii) Mr. Edward Killen, Director of Privacy,
Governmental Liaison, and Disclosure, IRS. The hearing focused
on how the IRS retains electronic records, how it responds to
record requests, and what policies and systems the IRS has in
place to more readily respond to such requests. The hearing
centered around a TIGTA report, released July 17, 2017,
entitled ``Electronic Record Retention Policies Do Not
Consistently Ensure That Records are Retained and Produced When
Requested.'' The report found that the IRS fails to adequately
retain electronic records, impeding Congressional oversight
efforts and the IRS's ability to respond to taxpayer requests
for information. The IRS discussed policy and process
improvements that it has or will make to ensure that record
retention does not continue to be an issue for the IRS. One of
the key concerns raised by TIGTA is the IRS's inability to
modernize its enterprise email system, which would allow for
the automatic archiving of IRS employee emails in adherence
with federal requirements. The IRS testified that it is on
track to institute a new email system by its September 2017
goal, nine months after the deadline mandated by the Office of
Management and Budget.
On September 13, 2017, the Subcommittee on Oversight
received testimony on IRS reform and resolving taxpayer
disputes from: Ms. Kathy Petronchak, Director of IRS Practice &
Procedures, alliantgroup, LP; (ii) Mr. Pete Sepp, President,
National Taxpayers Union (NTU) & NTU Foundation; (iii) Mr.
Byron Shinn, Founder and Managing Partner, Shinn & Co; (iv) Ms.
Chastity Wilson, Principal, National Tax Office,
CliftonLarsonAllen LLP. Members heard testimony from tax
practitioners about their experience with IRS Appeals. The
practitioners described the intimidating dispute resolution
process that sometimes leaves taxpayers with little or no
recourse. Less than five percent of small businesses appeal the
results of their audit and it was suggested that this is due to
the perception of the time and money required to dispute the
audit results. The problems outlined by witnesses were largely
unrelated to the Code itself and were described as purely
administrative in nature.
On October 4, 2017, the Subcommittee on Oversight received
testimony on the IRS's information technology (IT)
modernization efforts from: (i) Mr. Jeffrey Tribiano, Deputy
Commissioner for Operations Support, IRS; (ii) Ms. Gina Garza,
Chief Information Officer (CIO), IRS; (iii) Mr. Danny
Verneuille, Assistant Inspector General for Audit, Security and
Information Technology Services, TIGTA; (iv) Mr. David Powner,
Director, IT Management Issues, GAO. The hearing was held as
part of the Oversight Subcommittee's ongoing series exploring
various aspects of tax administration reform. The hearing
concentrated on IRS IT and the hurdles faced as the IRS seeks
to modernize its outdated IT infrastructure. The hearing
explored the current state of IRS IT infrastructure, why IRS IT
projects so often exceed time and budget constraints, and the
changes needed to ensure a better functioning IRS IT
environment. Members questioned the IRS witnesses on the
agency's decision to award Equifax a $7.3 million contract
three weeks after the announcement of the largest data breach
in American history. The IRS CIO testified that she was unaware
of the contract until the morning of the hearing.
On December 13, 2017, the Subcommittee on Oversight
received testimony on the taxpayer experience with the IRS
from: (i) Ms. Jennifer MacMillan, Enrolled Agent, Owner,
Jennifer MacMillan, EA; Government Relations Chair, National
Association of Enrolled Agents; (ii) Ms. Tameka Lester,
Associate Director, Phillip C. Cook Low Income Tax Clinic,
Georgia State University College of Law; (iii) Ms. Karina Ron,
Director, Center for Financial Stability, United Way of Miami-
Dade; (iv) Ms. Lynnette Lee-Villanueva, Vice President, Tax-
Aide, AARP Foundation. The hearing focused on the taxpayer
experience. Members received testimony from paid preparers and
volunteer organizations like the Volunteer Income Tax
Assistance (VITA) clinic on what the IRS can do to better serve
taxpayers. The hearing highlighted the successful public-
private partnership of the VITA program. Although partially
funded by Congress, this grant program has never been
authorized. Following the hearing, the Taxpayer First Act (H.R.
5444), which would authorize the VITA program, passed the House
on April 17, 2018.
On January 17, 2018, the Subcommittee on Oversight received
testimony on the opioid crisis: the current landscape and CMS
actions to prevent opioid misuse from: Mr. Gary L. Cantrell,
Deputy Inspector General for Investigations, Office of the
Inspector General (OIG), U.S. Department of Health and Human
Services (HHS); (ii) Ms. Elizabeth H. Curda, Director, Health
Care, GAO (iii) Ms. Kimberly Brandt, Principal Deputy
Administrator for Operations, CMS. Members heard from witnesses
on what CMS is doing to monitor opioid use and identify
beneficiaries at risk of overdose or abuse. HHS OIG discussed
its work to identify opioid abuse, some of the latest opioid
schemes it has encountered, and outstanding recommendations to
CMS aimed at improving the agency's capabilities to monitor
opioid users and identify potential opioid abusers.
On January 30, 2018, the Subcommittee on Oversight received
testimony on legislation to improve tax administration from:
(i) Representative Jason Smith, 8th District of Missouri; (ii)
Representative Peter Roskam, 6th District of Illinois; (iii)
Representative James Renacci, 16th District of Ohio; (iv)
Representative Tom Rice, 7th District of South Carolina; (v)
Representative Steve Chabot, 1st District of Ohio; (vi)
Representative Louie Gohmert, 1st District of Texas; (vii)
Representative Bill Posey, 8th District of Florida. The hearing
was an opportunity for Committee Members and off-Committee
Members to present their legislative ideas on reforming the
IRS.
On June 20, 2018, the Subcommittee on Oversight received
testimony on IRS and U.S. Department of Justice (DOJ) efforts
to return taxpayers' seized funds from: (i) Mr. John P. Cronan,
Acting Assistant Attorney General, Criminal Division, DOJ; (ii)
Mr. Don Fort, Chief, Criminal Investigation, IRS. The hearing
served as a follow-up to civil asset forfeiture hearings held
during the 114th Congress. The hearing focused on discrepancies
between the IRS and DOJ's processes for reviewing petitions to
return taxpayers' seized funds. Members voiced their concern
that DOJ denied numerous petitions that, under current IRS and
DOJ policies, should have been granted. Members followed-up by
sending DOJ a letter on July 19, 2018 to further inquire about
the denied petitions.
On July 17, 2018, the Subcommittee on Oversight received
testimony on combating fraud in Medicare: a strategy for
success from: (i) Mr. Seto J. Bagdoyan, Director, Forensic
Audits & Investigative Service, GAO; (ii) Ms. Gloria L. Jarmon,
Deputy Inspector General for Audit Services, HHS OIG, (iii) Mr.
Alec Alexander, Director, Center for Program Integrity, CMS.
The hearing focused on the steps CMS is taking to align its
antifraud efforts with GAO's ``Fraud Risk Framework,'' as
mandated in the Fraud Reduction and Data Analytics Act of 2015.
On September 26, 2018, the Subcommittee on Oversight
received testimony on the IRS's taxpayer online authentication
efforts from (i) Ms. Gina Garza, CIO, IRS; (ii) Mr. Edward
Killen, Chief Privacy Officer, IRS; (iii) Mr. James R. McTigue
Jr., Director, Tax Issues, Strategic Issues, GAO; (iv) Mr.
Michael McKenney, Deputy Inspector General for Audit, TIGTA.
The hearing focused on the IRS's current online authentication
efforts, potential challenges, and additional actions the IRS
could consider to better protect taxpayer information while
ensuring easy taxpayer access to its online services.
INVESTIGATIONS
(a) Maternal Health
During the 115th Congress, the Ways and Means Committee
became aware of various media reports and medical research that
raised concerns regarding rising maternal mortality and severe
maternal morbidity rates in the U.S. over the past 30 years.
One study estimated the maternal mortality rate increased by
26.6 percent from 2000 to 2014. According to the Centers for
Disease Control and Prevention, approximately 700 women die
each year as a result of pregnancy or delivery complications
and 50,000 women are also affected annually by severe maternal
morbidity. A study of maternal mortality review committees in
nine states determined that approximately 63 percent of
pregnancy-related deaths were preventable.
In response, the Ways and Means Committee launched an
investigation on October 10, 2018 into rising maternal
mortality and severe maternal morbidity rates among women
during and after childbirth. The first phase of the
investigation consisted of a letter sent by Ways and Means
Chairman Brady (R-TX), Health Subcommittee Chairman Roskam (R-
IL), and Oversight Subcommittee Chairman Jenkins (R-KS) on
October 10, 2018 to the 15 hospital systems in the U.S. with
the highest patient revenues. The letter asked the hospital
systems for information regarding identification of women at
risk of pregnancy-related complications, how the hospital
systems track and review pregnancy-related deaths, and to what
extent the hospital systems participate in programs that seek
to standardize and improve maternal safety practices. The
Committee letter also focuses on the causes of racial
disparities in maternal outcomes. The letter is the first phase
in an ongoing investigation into the rising number of maternal
mortalities and severe maternal morbidities.
(b) Medicare Fraud
Billions of taxpayer dollars are lost every year due to
fraud and improper payments and the Subcommittee continuously
conducts oversight of CMS's efforts to combat fraud, waste, and
abuse in the Medicare program. In Fiscal Year (FY) 2017, the
Medicare program spent $630 billion, including nearly $52
billion in improper payments. During the 115th Congress, the
Subcommittee held two hearings on the subject in July 2017 and
July 2018. In March 2018, Chairman Brady and Senate Finance
Chairman Hatch sent a letter to CMS to address fraud, waste,
and abuse vulnerabilities in Medicare, Medicaid, and the health
insurance marketplace. The Ways and Means and Senate Finance
Committees further inquired about CMS's efforts to assess fraud
risk in these programs.
Currently, CMS does not specifically identify or measure
fraudulent payments, making it difficult for CMS to track
fraud. Given the difficulty of measuring actual fraud, GAO
developed the Fraud Risk Framework in 2015 to provide metrics
for success when combating fraud in programs such as Medicare.
The Framework outlines methods of identifying and mitigating
fraud risk in order to reduce the likelihood and impact of
fraud. The Oversight Subcommittee has found that CMS has taken
steps to identify fraud risks but has yet to conduct a fraud
risk assessment, and develop and implement an antifraud
strategy for Medicare.
(c) Oversight of the Affordable Care Act
The Subcommittee has continued its oversight of how the
Treasury Department, IRS and HHS have implemented the
Affordable Care Act, including ensuring a lawful process for
distributing tax credits to assist individuals in obtaining
health coverage. While the Affordable Care Act prohibited
undocumented aliens from receiving the advanced premium tax
credits, a report by the Senate Homeland Security and
Governmental Affairs Committee, found that as of June 2015,
``the Administration awarded approximately $750 million in tax
credits on behalf of individuals who were later determined to
be ineligible because they failed to verify their citizenship,
status as a national, or legal presence.'' The review found the
credits went to more than 500,000 individuals--who are illegal
immigrants or whose legal status was unclear due to
insufficient records. The Ways and Means Committee has been
committed to ensuring that the process for applying for tax
credits designed to assist individuals in purchasing health
insurance is accurate and fair to taxpayers. The Committee has
therefore reviewed both HHS and the Treasury Department's
processes to verify eligibility and actions taken to prevent
ineligible individuals from receiving advanced credits.
The Subcommittee continued its work from the 114th Congress
in investigating the IRS's implementation of the individual
mandate penalty. On January 24, 2017, the Subcommittee held a
hearing on the issue. The individual mandate penalty was later
repealed through the passage of the Tax Cuts and Jobs Act.
(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, nineteen have collapsed,
and only four remain operational. During the 114th Congress,
the Ways and Means Committee began an investigation into the
financial health of the CO-OPs, as well as proposed illegal
conversions from non-profit to for-profit status. 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.
On October 3, 2016, the Washington Post reported that one
CO-OP, Evergreen Health, was planning to convert from a not-
for-profit insurer to a for-profit company--a conversion
explicitly prohibited by CMS regulations and loan agreements
signed by Evergreen Health and CMS. Additionally, such a
conversion may have tax implications. In late October 2016, the
Committee sent letters to both CMS and Evergreen Health asking
for additional documents and information on the proposed
conversion. In January of 2017, CMS released Evergreen Health
from the CO-OP program but ordered it repay $3.2 million of its
$65 million startup loan and forfeit $30 million it was owed
through the risk corridor program.
Throughout the 115th Congress, the Oversight Subcommittee
has tracked the CO-OP recoveries repaid to CMS. Given that only
four CO-OPs remain operational, it has become increasingly
unlikely that they will repay much of the $2.4 billion.
(e) Civil Asset Forfeitures
For a number of years, 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 its
attention on major criminal activity, however, the IRS began
seizing funds from individuals and small business owners
conducting business in cash and frequently making 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 individuals 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.
On June 15, 2016, the IRS announced that it would notify
all individuals from whom it had seized assets based on a
suspicion of structuring since 2010 that they could petition
the IRS to reconsider their cases. The IRS identified a total
of 691 cases that fell within this time period and sent more
than 1,800 letters to individuals with a potential interest in
forfeited property. The IRS accepted petitions under this
program until December 31, 2016.
Based on the initial oversight work conducted during the
114th Congress, the Subcommittee continued to receive regular
updates on the disposition of petitions for remission and
mitigation made to the IRS. The IRS received a total of 464
petitions, of which 208 were determined to be administrative
forfeiture cases and 256 were determined to be civil judicial
forfeiture cases. The IRS granted relief with respect to 174
administrative forfeiture petitions (84 percent), returning all
associated funds totaling approximately $9.9 million. The IRS
also recommended DOJ grant relief with respect to 194 judicial
forfeiture petitions (76 percent). However, DOJ elected to only
grant 41 petitions (16 percent), returning $1.9 million. DOJ
denied the remaining 215 petitions, declining to return $22.2
million.
In May 2018, Members received a briefing from the DOJ on
its progress reviewing these petitions and their final
disposition. DOJ's decisions and its inability to fully explain
why their decisions varied so much from the outcomes
recommended by the IRS led the Chairman to hold a Subcommittee
hearing. In a June 2018 hearing, Subcommittee Members voiced
their concerns that DOJ denied numerous petitions, which under
current IRS and DOJ policies, should have been granted. Based
on the testimony received, Members also sent a letter to DOJ on
July 19, 2018 asking the Attorney General to reconsider DOJ's
denials of so many of the petitions.
During the 114th Congress, Oversight Subcommittee Chairman
Roskam (R-IL) and Representative 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.
During the 115th Congress, Tax Policy Subcommittee Chairman
Roskam (R-IL) and Representative Joe Crowley (D-NY)
reintroduced H.R. 1843 Clyde-Hirsch-Sowers RESPECT Act on March
30, 2017 and the Committee marked up the bill on July 13, 2017.
The Committee ordered the bill favorably reported to the House
of Representatives, and on September 5, 2017, the House voted
to suspend the rules and passed the bill by voice vote.
Senators Tim Scott (R-SC), Sherrod Brown (D-OH), Johnny Isakson
(R-GA), and Mark Warner (D-VA) reintroduced a companion bill,
S. 824 in the Senate. On December 10, 2018, Representatives
Lynn Jenkins and John Lewis introduced H.R. 7227, a bill to
amend the Internal Revenue Code of 1986 to modernize and
improve the Internal Revenue Service, and for other purposes.
The Clyde-Hirsch-Sowers RESPECT Act was incorporated into that
bill. On December 20, 2018, the House agreed to suspend the
rules and passed H.R. 7227 as amended by the Yeas and Nays:
378-11 (Roll no. 455).
(f) Equifax and Internal Revenue Service Information Technology
Contracting
Shortly after Equifax experienced a breach in 2017
resulting in the loss of information for approximately 146
million individuals, the Committee became aware of a renewed
short-term contract between Equifax and the IRS. Preliminary
results showed that Equifax's recent data breach stemmed from a
basic failure to install security patches in a timely manner,
drawing into question whether or not Equifax should be trusted
to be the recipient of IRS data for taxpayer authentication
purposes. Moreover, the short-term contract was put in place,
in part, because of the actions taken by Equifax. Despite
having allowed for the largest breach in U.S. history, Equifax
proceeded with a bid protest to provide services to the IRS
that directly related to the breach. Equifax's actions could
have resulted in the company making millions of dollars without
fully assuring the IRS or Congress that the breach of the
Equifax systems and internal failures leading to the breach had
been properly addressed.
Furthermore, the short-term contract between the IRS and
Equifax for identity authentication services raised serious
concerns about the oversight of the IRS with respect to its IT
contracts. In December 2014, Congress passed the Federal
Information Technology Acquisition Reform Act (FITARA), in
part, to better empower agency CIOs to more appropriately
oversee their agencies' IT portfolios. FITARA requires agency
CIOs to approve IT plans, strategies, and contracts.
Specifically, FITARA directly states that a covered agency,
such as the Treasury Department, ``may not enter into a
contract or other agreement for information technology or
information technology services, unless the contract or other
agreement has been reviewed and approved by the Chief
Information Officer of the agency.'' Subsequent Office of
Management and Budget guidance emphasizes that agencies cannot
approve an acquisition strategy, acquisition plan, or
interagency agreement that includes IT without review and
approval by the agency CIO. For contract actions containing IT
without an approved acquisition strategy or plan, the CIO must
also review and approve the action itself.
On October 27, 2017, the Senate Finance and House Ways and
Means Committees wrote to Equifax and the Treasury Department
seeking additional information on this matter as well as all of
the related contracting documents. Subcommittee Members also
directly questioned the IRS about the renewal of the contract
during an October 2017 hearing on IRS IT modernization. The
Subcommittee found that the IRS CIO was not aware of the
contract renewal until the morning of the hearing and that
Treasury provides minimal oversight of IRS IT and procurement,
delegating authorities where it can.
(g) Internal Revenue Service's Information Technology
During the 115th Congress, the Subcommittee has closely
monitored the IRS's efforts to modernize its IT infrastructure
after a number of high-profile IT failures. Time and time
again, the Committee received reports of the IRS failing to
deliver, or delivering IT solutions that were over budget,
late, and/or provided less functionality than initially
desired. On October 4, 2017, the Subcommittee held a hearing on
the IRS's IT modernization efforts. During this hearing,
Members questioned the IRS's ability to complete projects on
time and within budget. Members also delved into the IRS IT
planning process, questioning whether or not the IRS adequately
planned for where it needs to be five or ten years in the
future. Since the hearing, the IRS has briefed Members twice on
its five-year IT plan. Members still remain concerned about the
feasibility of the plan and whether or not it has been
independently validated.
As a result of the Committee's findings, on April 10, 2018,
Oversight Subcommittee Chairman Jenkins (R-KS) and
Representative Lewis (D-GA) introduced H.R. 5444, the Taxpayer
First Act, which included a provision codifying the roles and
responsibilities of the IRS CIO. This provision sought to
strengthen IRS accountability for the billions of taxpayer
dollars annually spent on developing and maintaining IRS IT
systems. The provision also codified the position of the IRS's
CIO and established clear roles and responsibilities for the
CIO. The provision mandated that the IRS develop and implement
an IT strategic plan, in alignment with the overall goals of
the IRS, to ensure adequate consideration and planning for the
IRS's long-term IT needs. The IRS also must have a third party
independently verify and validate its plans for the completion
of the Customer Account Data Engine 2 and Enterprise Case
Management system(s) within a year of enactment. The Committee
marked up the bill on April 11, 2018. The Committee ordered the
bill favorably reported to the House of Representatives, and
the bill was passed by the House on April 18, 2018, by a vote
of 414-0.
(h) Virtual Currencies and the Internal Revenue Service's Use of Its
John Doe Summons Authority
On May 17, 2017, after seeing public reports of a John Doe
Summons being served on Coinbase, Inc. for its records spanning
three years, the Senate Finance and House Ways and Means
Committee Chairmen wrote to the IRS to request information
about the IRS's digital currency strategy as well as recent
events surrounding the IRS's summons to Coinbase.
Furthermore, the Committees were concerned that the IRS has
not issued guidance on virtual currencies beyond a series of
Frequently Asked Questions issue in 2014. In March 2014, the
IRS began working to clarify tax issues related to digital
currencies by issuing guidance indicating that digital
currencies would be treated as property for tax purposes.
However, in September of 2016, TIGTA reported that the IRS had
yet to develop a comprehensive digital currency tax strategy,
citing a need for the IRS to update its initial guidance to
reflect the various uses of digital currencies. To date, no
such update has appeared.
Despite the absence of a comprehensive strategy, on
December 6, 2016, the IRS issued a summons to Coinbase
requiring the records of all American Coinbase customers who
conducted transactions in convertible digital currency between
January 1, 2013 and December 31, 2015. The summons was
estimated to affect 500,000 active Coinbase customers and would
result in the production of millions of pages of associated
records, many of which contain personally identifiable
information. However, 90 percent of these customers engaged in
less than $10,000 in cumulative, gross transactions during the
entire period requested.
According to the Internal Revenue Code (IRC), the issuance
of this type of Summons-called a John Doe Summons-requires the
government to establish that the summons pertains to an
ascertainable class of persons, whose identity is unknown, and
with respect to whom the IRS has a ``reasonable basis''' for
the belief that the individuals have failed to comply with tax
laws. However, the Committees strongly questioned whether the
IRS established a reasonable basis to support the mass
production of records for half a million individuals, the vast
majority of whom appear to not be conducting the volume of
transactions needed to report them to the IRS. Based on a
subsequent briefing and additional investigative work
undertaken, the Committee still found the summons to be overly
broad, extremely burdensome, and highly intrusive to a large
population of individuals. The Committee also remained
concerned that the IRS's actions in this case set a dangerous
precedent for companies facilitating virtual currency
transactions that could be subject to a similar summons.
As a result, on April 10, 2018, Oversight Subcommittee
Chairman Jenkins (R-KS) and Representative Lewis (D-GA)
introduced H.R. 5444, the Taxpayer First Act, which included a
provision clarifying the IRS's John Doe Summons authority. The
Committee marked up the bill on April 11, 2018. The Committee
ordered the bill favorably reported to the House of
Representatives, and the bill was passed by the House on April
18, 2018, by a vote of 414-0.
Members of the Oversight Subcommittee also sent a follow-up
letter on September 19, 2018, asking for an update on the IRS's
efforts to issue further guidance on virtual currencies. The
Committee found that the IRS does not have a timeline for
issuing such guidance and was able to share very little in
terms of what efforts it had made to address the need for
additional guidance. The Subcommittee also requested follow-up
work from GAO to better ascertain what actions, if any, the IRS
has taken to develop further guidance on virtual currencies.
(i) Perishable Goods
Under the IRC, if it is determined that any tangible
property seized to satisfy unpaid taxes (1) is liable to
perish, (2) is liable to become greatly reduced in price or
value by keeping, or (3) cannot be kept without great expense,
the property may be sold after it has been appraised and the
owner has been given an opportunity to pay the appraised value
or furnish bond for payment. The general procedures governing
the sale of seized property that are set forth in the IRC
(e.g., requiring ten-day notice before sale and the
determination of a minimum bid) are not applicable to sales of
perishables. Deeming property as ``perishable'' also allows the
IRS to forgo minimum bid requirements, which can lead to seized
property being sold for significantly less than a normal
auction would allow.
After hearing reports of a bridal shop in Texas, whose
contents were sold on the same day as a seizure by deeming them
as ``perishable,'' the Subcommittee investigated the extent to
which the IRS used these procedures to sell goods seized on the
same day. The Subcommittee found that while these procedures
are not used often, when they are, they are almost always used
in cases where the goods are not liable to perish. Instead, the
streamlined procedures were often used when the IRS seized the
contents of a small business. In the case of the bridal shop,
because the auction took place on the same day as the seizure,
the contents of the store were sold at what appeared to be a
fraction of their value. Furthermore, the profits from the sale
were in fact not sufficient to cover the existing tax
liability, leaving the owners with a remaining tax liability
and without a means to earn a living going forward.
Representatives Ferguson (R-GA) and Crowley (D-NY)
introduced H.R. 5446, to amend the IRC of 1986 to restrict the
immediate sale of seized property by the Secretary of the
Treasury to perishable goods on April 10, 2018. This bill seeks
to modify the definition of ``perishable'' by limiting the
IRS's ability to deem seized property as ``perishable'' to only
those that are liable to perish. The Committee marked up the
bill on April 11, 2018. The Committee ordered the bill
favorably reported to the House of Representatives, and on
April 17, 2018, the House voted to suspend the rules and pass
the bill by voice vote. On December 10, 2018, Representatives
Lynn Jenkins and John Lewis introduced H.R. 7227, a bill to
amend the Internal Revenue Code of 1986 to modernize and
improve the Internal Revenue Service, and for other purposes.
H.R. 5446 was incorporated into that bill. On December 20,
2018, the House agreed to suspend the rules and passed H.R.
7227 as amended by the Yeas and Nays: 378-11 (Roll no. 455).
(j) Tax Refunds for Combat-Injured Veterans Disability Severance
Payments
The Combat-Injured Veterans Tax Fairness Act of 2016 (H.R.
5015) passed during the 114th Congress directed the Department
of Defense (DoD) to identify and notify certain veterans who
are eligible for a refund of taxes because such taxes were
improperly withheld from disability severance payments. Prior
to the passage of H.R. 5015, DoD had been withholding taxes
from servicemembers with combat-related injuries who were
separated from military service and received a disability
severance payment. The law also required DoD to report to
Congress on the number of veterans separated from duty with
combat-related injuries since 1991, who are due a tax refund
because of federal taxes withheld on disability severance
payments, the total amount of federal taxes withheld from such
payments and how DoD plans to ensure the withheld amounts will
not be considered in gross income for the affected veterans.
The report was due to Congress by December 16, 2017. However,
six months after the due date of the report, the Committee had
not received the report from DoD. In response, on July 25,
2018, Chairman Brady (R-TX), Tax Policy Subcommittee Chairman
Buchanan (R-FL), and Oversight Subcommittee Chairman Jenkins
(R-KS) sent DoD a letter requesting information on the status
of the report.
In response, DoD provided the report to the Committee on
August 2, 2018. The Subcommittee reviewed the report and found
that DoD was unable to identify and notify all affected
veterans. The Subcommittee followed up with DoD regarding its
response to ask for additional information and ensure that DoD
had conducted outreach to Veterans Service Organizations as
well as conducted its own outreach to affected veterans. DoD
responded to the Subcommittee that it did conduct outreach to
key Veterans Service Organizations and coordinated with the IRS
to post information on the IRS's website and its own website on
how eligible individuals could file an amended tax return and
claim their tax refund.
(k) Internal Revenue Service's Online Taxpayer Authentication
Over the past two years, the Committee has investigated and
raised concerns about the ability of the IRS to validate and
authenticate the identity of individuals attempting to access
the IRS's online tools and applications before conducting any
type of transaction or exchange with individuals. The IRS
relies on a number of online tools and applications to help
administer the tax system by allowing taxpayers to complete
transactions with the IRS online. In FY 2017, the IRS completed
more than 330 million electronic transactions with taxpayers
and third parties.
In January and February 2017, IRS identified unusual
activity on one of its key online applications, the Data
Retrieval Tool (DRT). The DRT allows students and parents to
access their adjusted gross income (AGI) information through an
interface with the IRS to complete the Free Application for
Federal Student Aid (FAFSA) by transferring the AGI information
directly into their Department of Education FAFSA application
form. The IRS reported that the unusual activity experienced in
January and February 2017 were cyberattacks that led to the
theft of up to 100,000 taxpayers' records. In March 2017, the
Committee was briefed by the IRS and the Department of
Education on the deactivation of the DRT, ongoing security
concerns, and the IRS and ED's plan for the DRT going forward.
On April, 6, 2017, the IRS sent a letter to Chairman Brady (R-
TX), in accordance with the Federal Information Security
Modernization Act, to notify him that a major incident had
occurred with the DRT. The letter included a timeline of events
and stated that the IRS had begun to notify impacted taxpayers.
The IRS fully relaunched the DRT in October 2017 with more
stringent authentication practices in place.
In response to ongoing concerns about the ability of the
IRS to properly secure taxpayer information online and
authenticate taxpayers, the Committee, including Chairman Brady
(R-TX), Ranking Member Neal (D-MA), Oversight Subcommittee
Chairman Jenkins (R-KS), and Oversight Subcommittee Ranking
Member Lewis (D-GA) sent a letter to the IRS on April 28, 2017,
to obtain information on the DRT as well as the IRS's other
online tools and applications, and the steps the IRS is taking
to prevent unauthorized access to taxpayer information through
its online tools and applications. The IRS responded on June 8,
2017 regarding the steps it is taking to authenticate the
identity of individuals online before allowing them to access
taxpayer information. The IRS disclosed that some of its online
tools and applications had discrepancies between the level of
authentication they should have and actually have, raising
concerns that those online tools and applications may be
susceptible to cyberattacks. Therefore, the Committee asked GAO
in October 2017 to review the IRS's efforts to identify,
develop, and implement new online services, which GAO is still
in the process of reviewing. The Committee also joined an
ongoing GAO request in January 2018 to evaluate the IRS's
taxpayer authentication efforts.
On July 23, 2018, GAO publicly released its report on
taxpayer authentication, which identified a number of
authentication deficiencies at the IRS. GAO made 11
recommendations to the IRS, including recommending that the IRS
estimate resources for and prioritize its authentication
initiatives, address internal control issues to better monitor
authentication, develop a plan to fully implement federal
authentication guidance, and develop a process to evaluate
potential authentication technologies. The IRS agreed with all
of GAO's recommendations and is in the process of implementing
them.
Chairman Brady (R-TX) and Oversight Subcommittee Chairman
Jenkins (R-KS) also sent a follow-up letter to the IRS on
August 6, 2018, which asked the same questions the Committee
asked in a letter sent to the IRS on April 28, 2017. In its
response to the Committee's August 6, 2018 letter, the IRS sent
a letter on September 24, 2018 stating that it had aligned the
authentication level of its most sensitive online tools and
applications between the level of authentication that should be
in place and the authentication level that the IRS has in place
based on federal authentication guidelines. Based on the
findings from the GAO report as well as the Subcommittee's
work, the Subcommittee held a hearing on September 26, 2018 to
review the IRS's online taxpayer authentication efforts.
Individuals from GAO, TIGTA, and the IRS testified at the
hearing. The Committee hearing found that the IRS still has
work to do to implement and track its overall authentication
strategy as well as monitor its online tools and applications.
(l) Internal Revenue Service's Rehiring of Employees with Past
Misconduct or Performance Issues
On July 24, 2017, TIGTA released a report that found that
the IRS has not effectively updated or implemented hiring
policies to fully consider past IRS conduct and performance
issues prior to making a tentative decision to hire former
employees, including those who were terminated or separated
during an investigation of a substantiated conduct or
performance issue. TIGTA found that about 10 percent, or more
than 200 former employees, who were rehired between January
2015 and March 2016, were previously terminated from the IRS or
separated while under investigation for a substantiated conduct
or performance issue. TIGTA made five recommendations to the
IRS to provide the selecting official with access to former
employee conduct and performance issues, and require that the
basis for rehiring employees with prior employment issues be
clearly documented. The IRS agreed with all of TIGTA's
recommendations.
Immediately following TIGTA's report, Ways and Means
Member, Representative Kristi L. Noem (R-SD), along with five
co-sponsors introduced H.R. 3500, Ensuring Integrity in the IRS
Workforce Act of 2018. The bill amends the IRC by prohibiting
the IRS from rehiring any individual who was previously
employed by the IRS but was removed for misconduct or whose
employment was terminated for cause. The Committee marked up
the bill on June 21, 2018. The Committee ordered the bill
favorably reported to the House of Representatives and on July
24, 2018, the House voted to suspend the rules and passed the
bill, as amended by voice vote. Chairman Hatch (R-UT), along
with thirteen cosponsors, introduced a bill on July 19, 2018,
S. 3246, in the Senate that included a similar provision to
revise the IRS's hiring practices.
In addition, on August 17, 2017, Chairman Brady (R-TX), Tax
Policy Subcommittee Chairman Roskam (R-IL), and three Ways and
Means Members sent a letter to the IRS regarding its hiring
practices and to stress that the IRS must not rehire employees
who were previously involuntarily separated from service for
misconduct. In response, on October 23, 2017, the IRS said that
it had updated its hiring policies and process to ensure it
considers all prior performance and conduct issues and that the
selecting officials will document any decision to rehire former
employees with prior conduct or performance issues. These
changes were implemented prior to the onboarding of new
employees hired for the FY 2018 filing season. The IRS was also
exploring additional efforts to strengthen its hiring policies
and process.
(m) Internal Revenue Service Record Retention
In July 2017, a TIGTA report found that the IRS policies do
not comply with certain federal requirements that agencies must
ensure that all records are retrievable and usable for as long
as needed. For example, TIGTA found that the IRS e-mail
retention policies are not adequate because e-mails are not
automatically archived for all IRS employees. TIGTA made five
recommendations to the IRS based on its findings. The
recommendations included that the IRS establish an e-mail
system compliant with federal management requirements and
notify its employees about new retention policies, among other
recommendations. The IRS agreed with all five recommendations.
In response to TIGTA's findings, Chairman Hatch (R-UT) of
the Senate Committee on Finance and Chairman Brady (R-TX) and
Oversight Subcommittee Chairman Buchanan (R-FL) of the House
Committee on Ways and Means sent a joint letter to the IRS on
July 18, 2017, stressing the importance of addressing the
retention deficiencies identified by TIGTA and also asking the
IRS for a briefing on its plan to address the deficiencies
identified by TIGTA. The letter also raised concerns about the
IRS accidental destruction of 422 backup tapes and 24,000
emails that Congress had requested as part of the bipartisan
investigation into the IRS's treatment of tax-exempt
organizations.
In addition, on July 25, 2017, the Subcommittee held a
hearing on the IRS's electronic record retention policies.
Witnesses at the hearing included individuals from TIGTA and
the IRS familiar with the IRS's retention policies. The hearing
focused on how the IRS retains electronic records, how it
responds to record requests, and what policies and systems the
IRS has in place to more readily respond to such requests. The
IRS testified that it is on track to institute a new email
system by its September 30, 2017, but missed OMB's mandated
deadline for all federal agencies to manage mail records in an
electronic format by nine months.
(n) Social Security Administration's Information Technology
The Oversight and Social Security Subcommittees continued
to oversee the Social Security Administration's (SSA) IT
procurements. Oversight Chairman Jenkins (R-KS) and Social
Security Chairman Johnson (R-TX) sent a letter to Acting SSA
Commissioner Berryhill to inquire about the agency's decision
to develop a Click to Chat (CTC) service in-house, as opposed
to implementing a commercial off-the-shelf product. In the wake
of repeated missteps and hundreds of millions of wasted
taxpayer dollars with the Disability Case Processing System,
the Committee remained concerned that SSA chose to develop a
CTC service in-house given the widespread use of CTC services
available to the public.
(o) Social Security Childcare Dropout Years
Since Social Security benefit amounts are based on average
lifetime earnings, years without Social Security-covered
earnings may reduce the benefit amount. By law, individuals
applying for Disability Insurance (DI) may ``drop out'' from
the benefit calculation up to three years with zero earnings if
these years occurred while caring for a child under age three.
However, data obtained by the Congressional Research Service
suggested that only about 0.16 percent of individuals who
received DI benefits between 2000 and 2013 had Childcare
Dropout Years (CDYs) applied. On February 14, 2018, Oversight
Subcommittee Chairman Jenkins (R-KS) and Social Security
Subcommittee Chairman Johnson (R-TX) sent a letter to the SSA
OIG requesting a review issues of the SSA's implementation of
CDYs. In response to the Committee's request, SSA OIG issued a
report on September 17, 2018 concluding that SSA correctly
applies the CDY policy but very few beneficiaries meet all of
the requirements to receive a CDY.
SUBCOMMITTEE ON TRADE
1. TRADE NEGOTIATION AND TRADE PROMOTION AUTHORITY
Actions taken
a. NAFTA/United States-Mexico-Canada Agreement (USMCA)
Negotiations
On January 31, 2017, the House Advisory Group on
Negotiations convened within 30 days of the convening of
Congress as required by the Bipartisan Congressional Trade
Priorities and Accountability (TPA) Act of 2015 to discuss the
trade agenda during the 115th Congress, including consulting
with USTR on the determination of appropriate negotiating
partners; the formulation of specific objectives, negotiating
strategies, and positions; and compliance and enforcement of
the negotiated commitments under U.S. trade agreements.
On March 16, 2017, the Committee met with Secretary of
Commerce Wilbur Ross and Acting United States Trade
Representative Stephen Vaughn to discuss the trade agenda.
On March 21, 2017, the House Advisory Group on Negotiations
met with Secretary of Commerce Wilbur Ross and Acting United
States Trade Representative Stephen Vaughn to discuss the trade
agenda.
On March 28, 2017, the Committee met with Secretary of
Commerce Wilbur Ross and Acting United States Trade
Representative Stephen Vaughn to discuss the trade agenda.
On May 17, 2017, the Committee met with United States Trade
Representative Robert Lighthizer and Secretary of Commerce
Wilbur Ross as required by TPA prior to sending to Congress
notification of intent to commence negotiations with Canada and
Mexico regarding modernization of the North American Free Trade
Agreement (NAFTA).
On May 17, 2017, the House Advisory Group on Negotiations
met with United States Trade Representative Robert Lighthizer
and Secretary of Commerce Wilbur Ross as required by TPA prior
to sending to Congress notification of intent to initiate
negotiations with Canada and Mexico regarding modernization of
NAFTA.
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were the
structure, content, and prospect for NAFTA negotiations. United
States Trade Representative Robert Lighthizer testified before
the Committee on the Administration's views.
On July 17, 2017, the United States Trade Representative
sent to the Committee its summary of objectives for the NAFTA
renegotiation, as required by TPA.
On July 18, 2017, the Subcommittee on Trade held a hearing
on the Modernization of the North American Free Trade
Agreement. The purpose of the hearing was to analyze whether
NAFTA had been successful for the U.S. economy and job creation
with a focus on the U.S. manufacturing, agriculture, and
services sectors, and whether NAFTA could be renegotiated and
modernized to better address issues affecting U.S. workers,
business, and consumers. Testimony was received from (i) Tom
Linebarger, Chairman and Chief Executive Officer--Cummins,
Inc., (ii) Patrick J. Ottensmeyer, Chief Executive Officer--
Kansas City Southern, (iii) Dennis Arriola, Executive Vice
President--Corporate Strategy and External Affairs--Sempra
Energy, (iv) Celeste Drake, Trade and Globalization Policy
Specialist--AFL-CIO, (v) Jason Perdue, President--York County,
Nebraska Farm Bureau, (vi) Christine Bliss, President--
Coalition of Services Industries, (vii) Stan Ryan, Chief
Executive Officer and President--Darigold, Inc., (viii) Althea
Erickson, Senior Director--Global Advocacy and Policy--Etsy,
Inc., and (ix) Susan Helper, Frank Tracy Carlton Professor of
Economics--Case Western Reserve University.
On August 16-20, 2017, the Committee participated in the
first round of negotiations with Mexico and Canada in
Washington, D.C. Committee staff met with U.S. stakeholders and
officials from USTR.
On September 2-5, 2017, the Committee conducted a
bipartisan staff delegation to Mexico City, Mexico, to
participate in the second round of negotiations with Mexico and
Canada and to meet with officials from those countries, U.S.
officials, and stakeholders.
On September 22, 2017, the United States Trade
Representative sent to the Committee its report on Proposals
Advanced in the NAFTA Negotiations that may Require Amendments
to U.S. Trade Remedy Laws.
On September 24-27, 2017, the Committee conducted a
bipartisan staff delegation to Ottawa, Canada, to participate
in the third round of negotiations and to meet with officials
from those countries, U.S. officials, and stakeholders.
On October 13-17, 2017, the Committee participated in the
fourth round of negotiations in Arlington, Virginia. Committee
staff met with officials from Mexico and Canada, U.S.
officials, and stakeholders.
On November 17, 2017, the United States Trade
Representative sent to the Committee its updated summary of
objectives for the NAFTA renegotiation, as required by TPA.
On November 18-21, 2017, the Committee conducted a
bipartisan staff delegation to Mexico City, Mexico, to
participate in the fifth round of negotiations and to meet with
officials from those countries, U.S. officials, and
stakeholders.
On January 26-29, 2018, Trade Subcommittee Chairman Dave
Reichert led a bipartisan Congressional delegation to Montreal,
Canada to participate in the sixth round of negotiations and to
meet with officials and stakeholders from the United States,
Canada, and Mexico.
On February 7, 2018, the Committee met with Ambassador
Lighthizer to discuss the U.S. trade policy including
negotiations with Mexico and Canada.
On March 2-5, 2018, Chairman Kevin Brady led a bipartisan
Congressional delegation to Mexico City, Mexico to participate
in the seventh round of negotiations and to meet with officials
and stakeholders from the United States, Canada, and Mexico.
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were the
structure, content, and prospect for negotiations with Mexico
and Canada. Ambassador Robert Lighthizer testified before the
Committee on the Administration's views on these issues.
On June 6, 2018, the Committee met with Ambassador
Lighthizer to discuss trade developments, including progress on
the negotiations.
On August 31, 2018, Ambassador Lighthizer sent a letter
under TPA notifying Congress of his intent to sign a trade
agreement with Mexico, and Canada if it is willing, after 90
days.
On September 27, 2018, the Committee met with Ambassador
Lighthizer to discuss the trade agenda, including Member views
on the negotiations, as required by TPA prior to signing the
agreement.
On September 27, 2018, the House Advisory Group on
Negotiations met with Ambassador Lighthizer to discuss the
trade agenda, including Member views on the negotiations, as
required by TPA prior to signing the agreement.
On September 30, the Administration posted the text of the
United States-Mexico-Canada Agreement (USMCA) on a publicly
available website.
On October 2, 2018, the Committee had a bipartisan call
with Ambassador Lighthizer to discuss the USMCA.
On November 30, 2018, the USMCA was signed.
Throughout the 115th 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.
b. Japan Negotiations
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were
potential new free trade agreement partners, including Japan.
Ambassador Robert Lighthizer testified before the Committee on
the Administration's views.
On October 11, 2017, the Trade Subcommittee held a hearing
entitled ``Opportunities to Expand U.S. Trade Relationships in
the Asia-Pacific Region.'' The purpose of the hearing was to
examine the opportunities for U.S. manufacturers, services
providers, farmers, ranchers, fishermen, workers, and consumers
in the Asia-Pacific region; explore how to expand and improve
our access to the markets in the region through existing and
new trade agreements; and analyze the impact of unfair trade
practices of countries in the Asia-Pacific region on U.S.
workers and businesses. Testimony was received from (i) Matthew
Goodman, William E. Simon Chair in Political Economy & Senior
Adviser for Asian Economics--Center for Strategic and
International Studies, (ii) Kelley Sullivan, Owner and
Operator--Santa Rosa Ranch, (iii) Demetrios Marantis, Senior
Vice President and Head of Global Government Relations--Visa
Inc., (iv) Stefanie Moreland, Director of Government Relations
and Seafood Sustainability--Trident Seafoods Inc., and (v)
Scott Paul, President--Alliance for American Manufacturing.
On November 6-11, 2017, the Committee conducted a
bipartisan staff delegation to the Asia-Pacific Economic
Cooperation (APEC) Ministerial meeting in Da Nang, Vietnam to
meet with officials from APEC countries and U.S. officials.
On March 21, 2018, the Committee held a hearing on the U.S.
trade policy agenda. Among the trade issues covered were
potential new free trade agreement partners, including Japan.
Ambassador Robert Lighthizer testified before the Committee on
the Administration's views.
On September 27, 2018, the Committee met with Ambassador
Lighthizer as required by TPA prior to sending notification of
intent to commence negotiations with Japan.
On September 27, 2018, the House Advisory Group on
Negotiations met with Ambassador Lighthizer as required by TPA
prior to sending notification of intent to commence
negotiations with Japan.
On October 16, 2018, Ambassador Lighthizer sent a letter as
required by TPA notifying Congress of his intent to commence
trade negotiations with Japan after 90 days.
On November 12-17, 2018, the Committee conducted a
bipartisan staff delegation to the 2018 APEC Ministerial in
Port Moresby, Papua New Guinea to meet with officials from APEC
countries and U.S. officials.
On December 21, 2018, the United States Trade
Representative sent to the Committee its summary of objectives
for negotiations with Japan, as required by TPA.
Throughout the 115th Congress, Committee staff held
consultations with USTR to discuss trade relations with Japan
and to provide Member views.
c. United Kingdom Negotiations
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were
potential new free trade agreement partners, including the
United Kingdom. Ambassador Robert Lighthizer testified before
the Committee on the Administration's views.
On February 17-20, 2018, the Committee conducted a
bipartisan staff delegation to the United Kingdom to discuss
the U.S.-U.K. trading relationship and Brexit issues with U.K.
officials.
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were
potential new free trade agreement partners, including the
United Kingdom. Ambassador Lighthizer testified before the
Committee on the Administration's views.
On September 27, 2018, the Committee met with Ambassador
Lighthizer as required by TPA prior to sending notification of
intent to commence negotiations with the United Kingdom.
On September 27, 2018, the House Advisory Group on
Negotiations met with Ambassador Lighthizer as required by TPA
prior to sending notification of intent to commence
negotiations with the United Kingdom.
On October 16, 2018, Ambassador Lighthizer sent a letter as
required by TPA notifying Congress of his intent to commence
trade negotiations with the United Kingdom after 90 days.
On December 11, 2018, the Department of the Treasury and
the United States Trade Representative announced their intent
to sign the Bilateral Agreement between the United States of
America and the United Kingdom on Prudential Measures Regarding
Insurance and Reinsurance (U.S.-UK Covered Agreement). This
announcement commenced a 90-day submission and layover period
required by statute before the agreement can enter into force.
On December 18, 2018, the U.S.-UK Covered Agreement was
signed.
Throughout the 115th Congress, Committee staff held
consultations with USTR to discuss trade relations with the UK
and to provide Member views.
d. European Union Negotiations
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were
potential new free trade agreement partners, including the
European Union. Ambassador Robert Lighthizer testified before
the Committee on the Administration's views.
On July 14, 2017, the Department of the Treasury and the
United States Trade Representative announced their intent to
sign the Bilateral Agreement between the United States of
America and the European Union on Prudential Measures Regarding
Insurance and Reinsurance (U.S.-EU Covered Agreement). This
announcement commenced a 90-day submission and layover period
required by statute before the agreement can enter into force.
On September 22, 2017, the U.S.-EU Covered Agreement was
signed.
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were
potential new free trade agreement partners, including the
European Union. Ambassador Lighthizer testified before the
Committee on the Administration's views.
On September 27, 2018, the Committee met with Ambassador
Lighthizer as required by TPA prior to sending notification of
intent to commence negotiations with the European Union.
On September 27, 2018, the House Advisory Group on
Negotiations met with Ambassador Lighthizer as required by TPA
prior to sending notification of intent to commence
negotiations with the European Union.
On October 16, 2018, Ambassador Lighthizer sent a letter as
required by TPA notifying Congress of his intent to commence
trade negotiations with the European Union after 90 days.
Throughout the 115th Congress, Committee staff held
consultations with USTR to discuss trade relations with the EU
and to provide Member views.
e. United States-Korea Free Trade Agreement Amendments and
Modifications
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were
modifications to the United States-Korea Free Trade Agreement.
Ambassador Robert Lighthizer testified before the Committee on
the Administration's views.
On July 14, 2017, Chairman Kevin Brady and Ranking Member
Richard Neal, along with Senate Finance Chairman Orrin Hatch
and Ranking Member Ron Wyden, sent a letter to Ambassador
Lighthizer urging the Administration to consult closely with
Congress before meeting with Korea regarding possible
amendments and modifications to the United States-Korea Free
Trade Agreement.
On October 11, 2017, the Trade Subcommittee held a hearing
entitled ``Opportunities to Expand U.S. Trade Relationships in
the Asia-Pacific Region.'' The purpose of the hearing was to
examine the opportunities for U.S. manufacturers, services
providers, farmers, ranchers, fishermen, workers, and consumers
in the Asia-Pacific region, including Korea; explore how to
expand and improve our access to the markets in the region
through existing and new trade agreements; and analyze the
impact of unfair trade practices of countries in the Asia-
Pacific region on U.S. workers and businesses. Testimony was
received from (i) Matthew Goodman, William E. Simon Chair in
Political Economy & Senior Adviser for Asian Economics--Center
for Strategic and International Studies, (ii) Kelley Sullivan,
Owner and Operator--Santa Rosa Ranch, (iii) Demetrios Marantis,
Senior Vice President and Head of Global Government Relations--
Visa Inc., (iv) Stefanie Moreland, Director of Government
Relations and Seafood Sustainability--Trident Seafoods Inc.,
and (v) Scott Paul, President--Alliance for American
Manufacturing.
On November 6-11, 2017, the Committee conducted a
bipartisan staff delegation to the APEC Ministerial meeting in
Da Nang, Vietnam to meet with officials from APEC countries
(including Korea) and U.S. officials.
On February 7, 2018, the Committee met with Ambassador
Lighthizer to discuss the U.S. trade policy agenda, including
the United States-Korea Free Trade Agreement (KORUS)
negotiations.
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were
modifications to the United States-Korea Free Trade Agreement.
Ambassador Robert Lighthizer testified before the Committee on
the Administration's views.
On June 13, 2018, the United States Trade Representative
sent to the Committee a report regarding certain proposed
modifications to be made to the United States-Korea Free Trade
Agreement. Sending this report commenced a 60-day Congressional
consultation and layover period with respect to the
modifications to the agreement, which ended on August 12, 2018.
On September 24, 2018, President Trump and Korean President
Moon Jae-In signed the modifications to the agreement. The
Korean National Assembly commenced its domestic procedures for
consideration of the modifications.
On November 12-17, 2018, the Committee conducted a
bipartisan staff delegation to the 2018 APEC Ministerial in
Port Moresby, Papua New Guinea to meet with officials from APEC
countries (including Korea) and U.S. officials.
2. ROLE OF TRADE IN U.S. JOB CREATION
Actions taken
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda with Ambassador Robert Lighthizer, United
States Trade Representative, which included discussion about
the importance of trade for U.S. economic growth and job
creation.
On October 11, 2017, the Trade Subcommittee held a hearing
entitled ``Opportunities to Expand U.S. Trade Relationships in
the Asia-Pacific Region.'' The purpose of the hearing was to
examine the opportunities for U.S. manufacturers, services
providers, farmers, ranchers, fishermen, workers, and consumers
in the Asia-Pacific region; explore how to strengthen the U.S.
job market by expanding and improving our access to the markets
in the region through existing and new trade agreements; and
analyze the impact of unfair trade practices of countries in
the Asia-Pacific region on U.S. workers and businesses.
Testimony was received from (i) Matthew Goodman, William E.
Simon Chair in Political Economy & Senior Adviser for Asian
Economics--Center for Strategic and International Studies, (ii)
Kelley Sullivan, Owner and Operator--Santa Rosa Ranch, (iii)
Demetrios Marantis, Senior Vice President and Head of Global
Government Relations--Visa Inc., (iv) Stefanie Moreland,
Director of Government Relations and Seafood Sustainability--
Trident Seafoods Inc., and (v) Scott Paul, President--Alliance
for American Manufacturing.
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda with Ambassador Robert Lighthizer, United
States Trade Representative, which included discussion about
the importance of trade for U.S. economic growth and job
creation.
On April 12, 2018, the Committee held a hearing entitled
``The Effects of Tariff Increases on the U.S. Economy and
Jobs.'' Testimony was received from (i) Kevin Kennedy,
President--Kennedy Fabricating, (ii) John Wolfe, Chief
Executive Officer--NW Seaport Alliance, (iii) Roger Newport,
Chief Executive Officer--AK Steel Corporation, (iv) John
Heisdorffer, President--American Soybean Association, (v)
Calvin Dooley, President and Chief Executive Officer--American
Chemistry Council, (vi) Ann Wilson, Senior Vice President--
Motor and Equipment Manufacturers Association, and (vii) Scott
Paul, President--Alliance for American Manufacturing.
On July 18, 2018, the Trade Subcommittee held a hearing
entitled ``The Effects of Tariffs on U.S. Agriculture and Rural
Communities.'' The purpose of the hearing was to examine the
effects on American agriculture and rural communities of U.S.
tariffs imposed under both Sections 232 and 301 as well as
retaliation by other countries against U.S. exports. Testimony
was received from (i) Cass Gebbers, President and CEO--Gebbers
Farms, (ii) Russell Boening, Owner--Loma Vista Farms and
Boening Bros. Dairy Inc.; President--Texas Farm Bureau, (iii)
Kevin Paap, President--Minnesota Farm Bureau, (iv) Scott
VanderWal, Secretary and Treasurer--Vanderwal Farms; Vice
President--American Farm Bureau Federation; President--South
Dakota Farm Bureau, (v) Michelle Erickson-Jones, Co-owner--
Gooseneck Land and Cattle; President--Montana Grain Growers
Association, and (vi) Jared Bernstein, Senior Fellow--Center on
Budget and Policy Priorities.
3. MISCELLANEOUS TARIFF BILL (MTB)
Actions taken
On April 10, 2017, the Department of Commerce sent to the
Committee a report determining whether there exists domestic
production of the article that is the subject of each
miscellaneous tariff petition submitted under the Miscellaneous
Tariff Bill process established under the American
Manufacturing Competitiveness Act (AMCA) of 2016, and, if so,
whether a domestic producer of the article objects to the
petition; and any technical changes to the article description
necessary to ensure that the duty suspension or reduction
petition can be administered pursuant to section 3(c) of AMCA.
On June 9, 2017, the Committee received from the U.S.
International Trade Commission (ITC) the preliminary report on
miscellaneous tariff petitions it received under AMCA.
On July 21, 2017, Chairman Kevin Brady and Ranking Member
Richard Neal, along with Senate Finance Chairman Orrin Hatch
and Ranking Member Ron Wyden, sent a letter to the ITC
providing comments on the MTB preliminary report in preparation
for the issuance of the final report.
On August 8, 2017, the Committee received from the ITC the
final report on miscellaneous tariff petitions it received
under AMCA.
On October 25, 2018, the Subcommittee on Trade held a
hearing on the MTB. The purpose of the hearing was to
investigate 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. The
Subcommittee heard testimony from (i) Cindy Smith, Agriculture
Relations Director--Gowan USA, (ii) Edward V. McAsey, Chief
Operating Officer--Lasko Products LLC, and (iii) Michael
Ratchford, Government Relations Associate--W.L. Gore &
Associates.
On November 9, 2017, Chairman Kevin Brady, Ranking Member
Richard Neal, Trade Subcommittee Chairman Dave Reichert, Trade
Subcommittee Ranking Member Bill Pascrell Jr., and twenty-seven
cosponsors introduced H.R. 4318, a bill to amend the Harmonized
Tariff Schedule of the United States to modify temporarily
certain rates of duty. The bill was referred to the Committee
on Ways and Means.
The House suspended the rules and passed the bill on
January 18, 2018, by a recorded vote of 402-0. On July 26,
2018, the Senate passed the bill with amendments by voice vote.
On September 4, 2018, the House suspended the rules and agreed
to the Senate amendments by voice vote. The bill was signed
into law on September 13, 2018, and became Public Law 115-239.
The Committee consulted heavily with the U.S. International
Trade Commission, the Department of Commerce, and U.S. Customs
and Border Protection, as well as petitioners and other
stakeholders, throughout the process.
4. ENFORCEMENT
Actions taken
On January 9, 2017, the United States Trade Representative
sent to the Committee the 2016 Report on China's WTO Compliance
pursuant to section 421 of the U.S.-China Relations Act of
2000.
On January 11, 2017, the Department of Labor sent to the
Committee a report regarding its review of a submission it had
received under Chapter 17 (the Labor Chapter) of the United
States-Colombia Trade Promotion Agreement.
On February 15, 2017, the United States Department of
Commerce sent to the Committee a letter regarding the renewal
of the charter for the Advisory Council on Trade Enforcement
and Compliance.
On February 28, 2017, the United States Department of
Commerce Office of Inspector General sent to the Committee a
report regarding the International Trade Administration (ITA)
Enforcement and Compliance Audit.
On April 13, 2017, the United States Government
Accountability Office sent to the Committee a report on US
Monitoring and Enforcement of International Trade Agreements
pursuant to the Trade Facilitation and Trade Enforcement Act of
2015 (TFTEA).
On April 27, 2017, the United States Government
Accountability Office sent to the Committee a report on
Improvement and Strengthening Trade Enforcement pursuant to
TFTEA.
On April 28, 2017, the United States Trade Representative
sent to the Committee its Special 301 Report on the protection
and enforcement of intellectual property as required by the
Trade Act of 1974.
On June 9, 2017, the United States Customs and Border
Protection sent to the Committee a letter regarding Dominican
Republic Airport preclearance pursuant to TFTEA.
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda with Ambassador Robert Lighthizer, United
States Trade Representative, which included discussion about
the importance of strong trade enforcement.
On July 31, 2017, the United States Trade Representative
sent to the Committee its Enforcement Priorities Report as
required by TFTEA.
On January 9, 2018, the Department of Labor sent to the
Committee a letter regarding its first periodic review to
address issues identified in its review of a submission it had
received that was filed under Chapter 17(the Labor Chapter) of
the United States-Colombia Trade Promotion Agreement.
On January 18, 2018, the United States Customs and Border
Protection sent to the Committee a report regarding its
compliance with Section 307 of the Tariff Act of 1930 as
required by TFTEA.
On January 18, 2018, the United States Customs and Border
Protection sent to the Committee its report on In-Bond: Steps
to Improve Enforcement and Collections for FY2017 and FY2018.
On January 18, 2018, the United States Trade Representative
sent to the Committee the 2017 Report on China's WTO Compliance
pursuant to section 421 of the U.S.-China Relations Act of
2000.
On January 18, 2018, the United States Trade Representative
sent to the Committee the 2017 Report on Russia's WTO
Compliance pursuant to section 201(a) of the Russia and Moldova
Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law
Accountability Act of 2012.
On February 1, 2018, the United States Trade Representative
and the Department of Commerce sent to the Committee the
Administration's Annual Report on Subsidies Enforcement
pursuant to section 281(f)(4) of the Uruguay Round Agreements
Act.
On February 14, 2018, the United States Customs and Border
Protection sent to the Committee its report on Intellectual
Property Rights Enforcement pursuant to TFTEA.
On March 5, 2018, the Department of Treasury sent to the
Committee its report on Customs Revenue Function under TFTEA.
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda with Ambassador Robert Lighthizer, United
States Trade Representative, which included discussion about
the importance of strong trade enforcement.
On April 20, 2018, the Department of Labor sent to the
Committee a letter regarding its second periodic review to
address issues identified in its review of a submission it had
received that was filed under Chapter 17 (the Labor Chapter) of
the United States-Peru Trade Promotion Agreement.
On May 16, 2018, the Department of Labor sent to the
Committee a letter regarding its sixth periodic review to
address issues identified in its review of a submission it had
received that was filed under Chapter 16 (the Labor Chapter) of
the Dominican Republic-Central America-United States Free Trade
Agreement regarding labor practices in the Dominican Republic.
On July 31, 2018, the United States Trade Representative
sent to the Committee its Enforcement Priorities Report as
required by TFTEA.
On October 12, 2018, the Department of Labor sent to the
Committee a letter regarding its sixth periodic review to
address issues identified in its review of a submission it had
received that was filed under Chapter 16 (the Labor Chapter) of
the Dominican Republic-Central America-United States Free Trade
Agreement regarding labor practices in Honduras.
Throughout the 115th Congress, the Department of Treasury
sent to the Committee its semiannual reports, submitted
pursuant to the Omnibus Trade and Competitiveness Act of 1988
and section 701 of TFTEA, regarding the macroeconomic and
foreign exchange policies of major trading partners of the
United States.
During the 115th Congress, the Department of State sent to
the Committee annual letters on Protecting and Preserving
International Cultural Property Act.
The Committee also engaged in frequent staff consultations
with USTR and the Department of Commerce regarding enforcement.
5. TRADE REMEDIES
Actions taken
On February 2, 2017, the United States Trade Representative
sent to the Committee the Administration's Annual Report on
Subsidies Enforcement pursuant to 281(f)(4) of the Uruguay
Round Agreements Act.
On April 11, 2017, the United States Customs and Border
Protection sent to the Committee its annual report on the
Evasion of Antidumping and Countervailing Duties Orders, as
required by TFTEA.
On April 11, 2017, the United States Customs and Border
Protection sent to the Committee its report on the importation
of Softwood Lumber.
On June 20, 2017, the United States Department of Commerce
sent to the Committee its semi-annual report on Softwood Lumber
Subsidies pursuant to the requirements under Section 809(b) of
Title VII of the Tariff Act of 1930 (the Softwood Lumber Act of
2008).
On September 22, 2017, the United States Trade
Representative sent to the Committee its report on Proposals
Advanced in the NAFTA Negotiations that May Require Amendments
to U.S. Trade Remedy Laws.
On November 13, 2017, the United States International Trade
Commission sent to the Committee its two-volume report on
Crystalline Silicon Photovoltaic Cells pursuant to Section
202(b) of the Trade Act of 1974.
On November 17, 2017, the United States Customs and Border
Protection sent to the Committee its report on Antidumping and
Countervailing Duty Enforcement Actions and Compliance
initiatives for FY 2016.
On December 4, 2017, the United States International Trade
Commission sent to the Committee its report on Large
Residential Washers pursuant to Section 202(b) of the Trade Act
of 1974.
On February 5, 2018, the United States Customs and Border
Protection sent to the Committee its semi-annual report on
Softwood Lumber Subsidies pursuant to the requirements under
Section 809(b) of Title VII of the Tariff Act of 1930 (the
Softwood Lumber Act of 2008).
On June 22, 2018, the United States Customs and Border
Protection sent to the Committee its annual report on the
Evasion of Antidumping and Countervailing Duties Orders as
required by TFTEA.
On December 20, 2018, the United States Department of
Commerce sent to the Committee its semi-annual report on
Softwood Lumber Subsidies pursuant to the requirements under
Section 809(b) of Title VII of the Tariff Act of 1930 (the
Softwood Lumber Act of 2008).
6. CHINA
Actions taken
On January 9, 2017, the United States Trade Representative
sent to the Committee the 2016 Report on China's WTO Compliance
pursuant to section 421 of the U.S.-China Relations Act of
2000.
On April 5, 2017, Chairman Kevin Brady and Ranking Member
Richard Neal along with Senate Finance Chairman Orrin Hatch and
Ranking Member Ron Wyden sent a letter to President Trump ahead
of President Xi's visit identifying several areas of concern in
the U.S.-China trading relationship and urging President Trump
to raise them with President Xi. These concerns included market
distorting behavior harming American manufacturers,
discriminatory and distortive technology policies, weak
protection of intellectual property, barriers to U.S.
agriculture exports, currency and exchange rate policies,
retaliatory policies, and nontransparent legal regimes.
On June 9, 2017, the Department of Homeland Security sent
to the Committee the Report of the Task Force on the
Prohibition of Importation of Products of Forced or Prison
Labor from the People's Republic of China, as required by
section 505 of the Normal Trade Relations for the People's
Republic of China Act.
On June 12, 2017, the United States International Trade
Commission sent to the Committee the annual report under
investigation No. 332-501, Textile and Apparel Imports from
China: Annual Compilation 2016, under section 332(g) of the
Tariff Act of 1930.
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered was the
U.S.-China trading relationship. Ambassador Robert Lighthizer
testified before the Committee on the Administration's views.
On July 27, 2017, the Committee met with Secretary of
Commerce Wilbur Ross to discuss the ongoing investigations into
the national security impact of imports of steel and aluminum
products under section 232 of the Trade Expansion Act of 1962
and the impact of Chinese overcapacity of steel and aluminum on
U.S. workers and companies.
On October 11, 2017, the Trade Subcommittee held a hearing
entitled ``Opportunities to Expand U.S. Trade Relationships in
the Asia-Pacific Region.'' The purpose of the hearing was to
examine the opportunities for U.S. manufacturers, services
providers, farmers, ranchers, fishermen, workers, and consumers
in the Asia-Pacific region; explore how to expand and improve
our access to the markets in the region through existing and
new trade agreements; and analyze the impact of unfair trade
practices of countries in the Asia-Pacific region on U.S.
workers and businesses. Testimony was received from (i) Matthew
Goodman, William E. Simon Chair in Political Economy & Senior
Adviser for Asian Economics--Center for Strategic and
International Studies, (ii) Kelley Sullivan, Owner and
Operator--Santa Rosa Ranch, (iii) Demetrios Marantis, Senior
Vice President and Head of Global Government Relations--Visa
Inc., (iv) Stefanie Moreland, Director of Government Relations
and Seafood Sustainability--Trident Seafoods Inc., and (v)
Scott Paul, President--Alliance for American Manufacturing.
On January 18, 2018, the United States Trade Representative
sent to the Committee the 2017 Report on China's WTO Compliance
pursuant to section 421 of the U.S.-China Relations Act of
2000.
On June 2, 2018, the Department of Homeland Security sent
to the Committee the Report of the Task Force on the
Prohibition of Importation of Products of Forced or Prison
Labor from the People's Republic of China as required by
section 505 of the Normal Trade Relations for the People's
Republic of China Act.
On February 7, 2018, the Committee met with Ambassador
Lighthizer to discuss the U.S. trade policy agenda, including
the ongoing investigation on the practices of the Government of
China related to technology transfer, intellectual property,
and innovation under section 301 of the Trade Act of 1974.
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered was the
ongoing investigation on the practices of the Government of
China related to technology transfer, intellectual property,
and innovation under section 301 of the Trade Act of 1974.
Ambassador Lighthizer testified before the Committee on the
Administration's views.
On March 22, 2018, the Committee held a hearing with the
Secretary of Commerce, Wilbur Ross. The hearing focused on
trade matters within the Department of Commerce's purview,
particularly the section 232 determinations on steel and
aluminum.
On June 6, 2018, the Committee met with Ambassador
Lighthizer to discuss trade developments, including tariffs
imposed on China under section 301 of the Trade Act of 1974 and
China's retaliatory tariffs.
On June 27, 2018, the United States International Trade
Commission sent to the Committee the annual report under
investigation No. 332-501, Textile and Apparel Imports from
China: Annual Compilation 2016, under section 332(g) of the
Tariff Act of 1930.
The Committee also engaged in frequent Member and staff
consultations with USTR and the Department of Commerce
regarding the Section 232 and 301 investigations and WTO
disputes with respect to China.
7. IMPLEMENTED TRADE AGREEMENTS
Actions taken
On January 11, 2017, the Department of Labor sent to the
Committee a report regarding its review of a submission it had
received under Chapter 17 (the Labor Chapter) of the United
States-Colombia Trade Promotion Agreement.
On February 23, 2017, the United States International Trade
Commission sent to the Committee a report on the Probable
Economic Effect of Certain Modifications to the U.S.-Morocco
FTA Rules of Origin.
On March 31, 2017, the United States Trade Representative
sent to the Committee: (1) a final list of individuals eligible
to serve on binational panels under Annex 1901.2 of the NAFTA;
and (2) a final list of former federal judges eligible to serve
on Extraordinary Challenge Committees under NAFTA Annex 1904.13
and Special Committees under NAFTA Article 1905.
On July 18, 2017, the Subcommittee on Trade held a hearing
on the Modernization of the North American Free Trade
Agreement. The purpose of the hearing was to analyze whether
NAFTA had been successful for the U.S. economy and job creation
with a focus on the U.S. manufacturing, agriculture, and
services sectors, and whether NAFTA could be renegotiated and
modernized to better address issues affecting U.S. workers,
business, and consumers. Testimony was received from (i) Tom
Linebarger, Chairman and Chief Executive Officer--Cummins,
Inc., (ii) Patrick J. Ottensmeyer, Chief Executive Officer--
Kansas City Southern, (iii) Dennis Arriola, Executive Vice
President--Corporate Strategy and External Affairs--Sempra
Energy, (iv) Celeste Drake, Trade and Globalization Policy
Specialist--AFL-CIO, (v) Jason Perdue, President--York County,
Nebraska Farm Bureau, (vi) Christine Bliss, President--
Coalition of Services Industries, (vii) Stan Ryan, Chief
Executive Officer and President--Darigold, Inc., (viii) Althea
Erickson, Senior Director--Global Advocacy and Policy--Etsy,
Inc., and (ix) Susan Helper, Frank Tracy Carlton Professor of
Economics--Case Western Reserve University.
On September 28, 2017, the United States International
Trade Commission sent to the Committee its report on
Investigation No. 332-503 Earned Import Allowance Program, as
required by section 404(d) of the Dominican Republic-Central
America-United States Free Trade Agreement Implementation Act.
On October 11, 2017, the Trade Subcommittee held a hearing
entitled ``Opportunities to Expand U.S. Trade Relationships in
the Asia-Pacific Region.'' The purpose of the hearing was to
examine the opportunities for U.S. manufacturers, services
providers, farmers, ranchers, fishermen, workers, and consumers
in the Asia-Pacific region; explore how to strengthen the U.S.
job market by expanding and improving our access to the markets
in the region through existing and new trade agreements; and
analyze the impact of unfair trade practices of countries in
the Asia-Pacific region on U.S. workers and businesses.
Testimony was received from (i) Matthew Goodman, William E.
Simon Chair in Political Economy & Senior Adviser for Asian
Economics--Center for Strategic and International Studies, (ii)
Kelley Sullivan, Owner and Operator--Santa Rosa Ranch, (iii)
Demetrios Marantis, Senior Vice President and Head of Global
Government Relations--Visa Inc., (iv) Stefanie Moreland,
Director of Government Relations and Seafood Sustainability--
Trident Seafoods Inc., and (v) Scott Paul, President--Alliance
for American Manufacturing.
On November 21, 2017, the United States Trade
Representative sent to the Committee a report regarding certain
proposed modifications to be made to the U.S.-Morocco FTA rules
of origin incorporated in the Harmonized Tariff Schedule of the
United States.
On December 29, 2017, the United States Trade
Representative sent to the Committee: (1) a preliminary list of
individuals eligible to serve on binational panels under Annex
1901.2 of the NAFTA and (2) a preliminary list of former
federal judges eligible to serve on Extraordinary Challenge
Committees under NAFTA Annex 1904.13 and Special Committees
under NAFTA Article 1905.
On January 9, 2018, the Department of Labor sent to the
Committee a letter regarding its first periodic review to
address issues identified in its review of a submission it had
received under Chapter 17 (the Labor Chapter) of the United
States-Colombia Trade Promotion Agreement.
On April 20, 2018, the Department of Labor sent to the
Committee a letter regarding its second periodic review to
address issues identified in its review of a submission it had
received that was filed under Chapter 17 (the Labor Chapter) of
the United States-Peru Trade Promotion Agreement.
On May 16, 2018, the Department of Labor sent to the
Committee a letter regarding its sixth periodic review to
address issues identified in its review of a submission it had
received that was filed under Chapter 16 (the Labor Chapter) of
the Dominican Republic-Central America-United States Free Trade
Agreement regarding labor practices in the Dominican Republic.
On August 3, 2018, the United States International Trade
Commission sent to the Committee its report on Investigation
No. 332-503 Earned Import Allowance Program, as required by
section 404(d) of the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act.
On October 12, 2018, the Department of Labor sent to the
Committee a letter regarding its sixth periodic review to
address issues identified in its review of a submission it had
received that was filed under Chapter 16 (the Labor Chapter) of
the Dominican Republic-Central America-United States Free Trade
Agreement regarding labor practices in Honduras.
8. PREFERENCE PROGRAMS
Actions taken
On June 6, 2017, the United States International Trade
Commission sent to the Committee a report on possible
modifications to the Generalized System of Preferences.
On June 16, 2017, the United States Trade Representative
sent to the Committee a letter notifying its intent to initiate
an out-of-cycle review of the Republic of Rwanda, United
Republic of Tanzania, and Republic of Uganda regarding their
eligibility for benefits under the African Growth and
Opportunity Act (AGOA).
On June 16, 2017, the United States Trade Representative
sent to the Committee a report on the Implementation of the
Technical Assistance Improvement and Compliance Needs
Assessment and Remediation (TAICNAR) Program pursuant to
section 213AI(5) of the Caribbean Basin Economic Recovery Act
(CBERA), as amended by the Haitian Hemispheric Opportunity
through Partnership Encouragement Act of 2008 (HOPE II)
On August 7-11, 2017, the Committee conducted a staff
delegation to Lome, Togo to participate in the 2017 AGOA Forum
and to meet with officials from participating countries and
U.S. officials.
On September 29, 2017, the United States International
Trade Commission sent to the Committee a report on the
Caribbean Basin Economic Recovery Act and its impact on U.S.
industries and consumers and on beneficiary countries.
On December 29, 2017, the United States Trade
Representative sent to the Committee a report on the Operation
of the Caribbean Basin Economic Recovery Act pursuant to
section 212(f) of the CBERA.
On February 8, 2018, Trade Subcommittee Chairman Dave
Reichert, Trade Subcommittee Ranking Member Bill Pascrell Jr.,
Chairman Kevin Brady, Ranking Member Richard Neal, Trade
Subcommittee Ranking Member Bill Pascrell Jr. and eight
cosponsors introduced H.R. 4979, to extend the Generalized
System of Preferences and to make technical changes to the
competitive need limitations provision of the program. The bill
was referred to the Committee on Ways and Means. The House
suspended the rules and passed the bill on February 13, 2018 by
a vote of 400-2. H.R. 4979 was later incorporated into H.R.
1625, the ``Consolidated Appropriations Act of 2108,'' which
was signed into law on March 23, 2018 and became Public Law
115-141.
On February 25, 2018, the United States Trade
Representative sent to the Committee a report on the
Implementation of the Nepal Trade Preference Program (NTPP).
On June 18, 2018, the United States Trade Representative
sent to the Committee a report on the Implementation of the
Technical Assistance Improvement and Compliance Needs
Assessment and Remediation (TAICNAR) Program pursuant to
section 213AI(5) of the Caribbean Basin Economic Recovery Act
(CBERA), as amended by HOPE II.
On June 29, 2018, the United States Trade Representative
sent to the Committee the Biennial Report of the Implementation
of the African Growth and Opportunity Act pursuant to section
110 of the Trade Preferences Act of 2015.
On July 12, 2018, Trade Subcommittee Chairman Dave
Reichert, Trade Subcommittee Ranking Member Bill Pascrell Jr.,
Representative Erik Paulsen, Representative Suzan DelBene,
Representative Terri Sewell, and Committee staff participated
in the 2018 AGOA Forum in Washington, D.C.
On September 1, 2018, the United States International Trade
Commission sent to the Committee a report on the Andean Trade
Preference Act: Impact on U.S. Industries and Consumers and on
Drug Crop Eradication and Crop Substitution.
On September 1, 2018, the United States International Trade
Commission sent to the Committee a report on possible
modifications to the Generalized System of Preferences.
The Committee also engaged in frequent Member and staff
consultations with USTR and other relevant agencies regarding
all preference programs.
9. AGRICULTURE
Actions taken
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda with Ambassador Robert Lighthizer, United
States Trade Representative, which included discussion about
the role of trade in promoting agriculture.
On July 18, 2017, the Subcommittee on Trade held a hearing
on the Modernization of the North American Free Trade
Agreement. The purpose of the hearing was to analyze whether
NAFTA had been successful for the U.S. economy and job creation
with a focus on the U.S. manufacturing, agriculture, and
services sectors, and whether NAFTA could be renegotiated and
modernized to better address issues affecting U.S. workers,
business, and consumers. Testimony was received from (i) Tom
Linebarger, Chairman and Chief Executive Officer--Cummins,
Inc., (ii) Patrick J. Ottensmeyer, Chief Executive Officer--
Kansas City Southern, (iii) Dennis Arriola, Executive Vice
President--Corporate Strategy and External Affairs--Sempra
Energy, (iv) Celeste Drake, Trade and Globalization Policy
Specialist--AFL-CIO, (v) Jason Perdue, President--York County,
Nebraska Farm Bureau, (vi) Christine Bliss, President--
Coalition of Services Industries, (vii) Stan Ryan, Chief
Executive Officer and President--Darigold, Inc., (viii) Althea
Erickson, Senior Director--Global Advocacy and Policy--Etsy,
Inc., and (ix) Susan Helper, Frank Tracy Carlton Professor of
Economics--Case Western Reserve University.
On October 11, 2017, the Trade Subcommittee held a hearing
entitled ``Opportunities to Expand U.S. Trade Relationships in
the Asia-Pacific Region.'' The purpose of the hearing was to
examine the opportunities for U.S. manufacturers, services
providers, farmers, ranchers, fishermen, workers, and consumers
in the Asia-Pacific region; explore how to strengthen the U.S.
job market by expanding and improving our access to the markets
in the region through existing and new trade agreements; and
analyze the impact of unfair trade practices of countries in
the Asia-Pacific region on U.S. workers and businesses.
Testimony was received from (i) Matthew Goodman, William E.
Simon Chair in Political Economy & Senior Adviser for Asian
Economics--Center for Strategic and International Studies, (ii)
Kelley Sullivan, Owner and Operator--Santa Rosa Ranch, (iii)
Demetrios Marantis, Senior Vice President and Head of Global
Government Relations--Visa Inc., (iv) Stefanie Moreland,
Director of Government Relations and Seafood Sustainability--
Trident Seafoods Inc., and (v) Scott Paul, President--Alliance
for American Manufacturing.
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda with Ambassador Robert Lighthizer, United
States Trade Representative, which included discussion about
the importance of agriculture for U.S. economic growth and job
creation.
On April 12, 2018, the Committee held a hearing entitled
``The Effects of Tariff Increases on the U.S. Economy and
Jobs.'' Testimony was received from (i) Kevin Kennedy,
President--Kennedy Fabricating, (ii) John Wolfe, Chief
Executive Officer--NW Seaport Alliance, (iii) Roger Newport,
Chief Executive Officer--AK Steel Corporation, (iv) John
Heisdorffer, President--American Soybean Association, (v)
Calvin Dooley, President and Chief Executive Officer--American
Chemistry Council, (vi) Ann Wilson, Senior Vice President--
Motor and Equipment Manufacturers Association, and (vii) Scott
Paul, President--Alliance for American Manufacturing.
On July 18, 2018, the Trade Subcommittee held a hearing
entitled ``The Effects of Tariffs on U.S. Agriculture and Rural
Communities.'' The purpose of the hearing was to examine the
effects on American agriculture and rural communities of U.S.
tariffs imposed under both Sections 232 and 301 as well as
retaliation by other countries against U.S. exports. Testimony
was received from (i) Cass Gebbers, President and CEO--Gebbers
Farms, (ii) Russell Boening, Owner--Loma Vista Farms and
Boening Bros. Dairy Inc.; President--Texas Farm Bureau (iii)
Kevin Paap, President--Minnesota Farm Bureau, (iv) Scott
VanderWal, Secretary and Treasurer--Vanderwal Farms; Vice
President--American Farm Bureau Federation; President--South
Dakota Farm Bureau, (v) Michelle Erickson-Jones, Co-owner--
Gooseneck Land and Cattle; President--Montana Grain Growers
Association, and (vi) Jared Bernstein, Senior Fellow--Center on
Budget and Policy Priorities.
10. MANUFACTURING
Actions taken
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda with Ambassador Robert Lighthizer, United
States Trade Representative, which included discussion about
the role of trade in promoting manufacturing.
On June 26, 2017, the United States International Trade
Commission sent to the Committee a letter on the Commission's
investigation No. 332-557, Aluminum: Competitive Conditions
Affecting the U.S. Industry, in response to the Chairman's
request letter of February 24, 2016, under section 332(g) of
the Tariff Act of 1930 (19 U.S.C. 1332(4)).
On July 27, 2017, the Committee met with Secretary of
Commerce Wilbur Ross to discuss the ongoing investigations into
the national security impact of imports of steel and aluminum
products under section 232 of the Trade Expansion Act of 1962.
On July 18, 2017, the Subcommittee on Trade held a hearing
on the Modernization of the North American Free Trade
Agreement. The purpose of the hearing was to analyze whether
NAFTA had been successful for the U.S. economy and job creation
with a focus on the U.S. manufacturing, agriculture, and
services sectors, and whether NAFTA could be renegotiated and
modernized to better address issues affecting U.S. workers,
business, and consumers. Testimony was received from (i) Tom
Linebarger, Chairman and Chief Executive Officer--Cummins,
Inc., (ii) Patrick J. Ottensmeyer, Chief Executive Officer--
Kansas City Southern, (iii) Dennis Arriola, Executive Vice
President--Corporate Strategy and External Affairs--Sempra
Energy, (iv) Celeste Drake, Trade and Globalization Policy
Specialist--AFL-CIO, (v) Jason Perdue, President--York County,
Nebraska Farm Bureau, (vi) Christine Bliss, President--
Coalition of Services Industries, (vii) Stan Ryan, Chief
Executive Officer and President--Darigold, Inc., (viii) Althea
Erickson, Senior Director--Global Advocacy and Policy--Etsy,
Inc., and (ix) Susan Helper, Frank Tracy Carlton Professor of
Economics--Case Western Reserve University.
On October 11, 2017, the Trade Subcommittee held a hearing
entitled ``Opportunities to Expand U.S. Trade Relationships in
the Asia-Pacific Region.'' The purpose of the hearing was to
examine the opportunities for U.S. manufacturers, services
providers, farmers, ranchers, fishermen, workers, and consumers
in the Asia-Pacific region; explore how to strengthen the U.S.
job market by expanding and improving our access to the markets
in the region through existing and new trade agreements; and
analyze the impact of unfair trade practices of countries in
the Asia-Pacific region on U.S. workers and businesses.
Testimony was received from (i) Matthew Goodman, William E.
Simon Chair in Political Economy & Senior Adviser for Asian
Economics--Center for Strategic and International Studies, (ii)
Kelley Sullivan, Owner and Operator--Santa Rosa Ranch, (iii)
Demetrios Marantis, Senior Vice President and Head of Global
Government Relations--Visa Inc., (iv) Stefanie Moreland,
Director of Government Relations and Seafood Sustainability--
Trident Seafoods Inc., and (v) Scott Paul, President--Alliance
for American Manufacturing.
On February 7, 2018, the Committee met with Ambassador
Lighthizer to discuss the U.S. trade policy agenda, including
the ongoing investigation on the practices of the Government of
China related to technology transfer, intellectual property,
and innovation under section 301 of the Trade Act of 1974.
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered was the
ongoing investigation on the practices of the Government of
China related to technology transfer, intellectual property,
and innovation under section 301 of the Trade Act of 1974.
Ambassador Robert Lighthizer testified before the Committee on
the Administration's views.
On March 22, 2018, the Committee held a hearing with the
Secretary of Commerce, Wilbur Ross. The hearing focused on
trade matters within the Department of Commerce's purview,
particularly the section 232 determinations on steel and
aluminum.
On March 23, 2018, the United States Department of Commerce
sent to the Committee a letter and report regarding the renewal
of the charter for the United States Advanced Manufacturing
Council, in accordance with provisions of the Federal Advisory
Committee Act.
On April 12, 2018, the Committee held a hearing entitled
``The Effects of Tariff Increases on the U.S. Economy and
Jobs.'' Testimony was received from (i) Kevin Kennedy,
President--Kennedy Fabricating, (ii) John Wolfe, Chief
Executive Officer--NW Seaport Alliance, (iii) Roger Newport,
Chief Executive Officer--AK Steel Corporation, (iv) John
Heisdorffer, President--American Soybean Association, (v)
Calvin Dooley, President and Chief Executive Officer--American
Chemistry Council, (vi) Ann Wilson, Senior Vice President--
Motor and Equipment Manufacturers Association, and (vii) Scott
Paul, President--Alliance for American Manufacturing.
On July 24, 2018, the Trade Subcommittee held a hearing
entitled ``Product Exclusion Process for Section 232 Tariffs on
Steel and Aluminum.'' The purpose of the hearing was to examine
the experiences of U.S. companies navigating the process for
requesting product exclusions from Section 232 tariffs and
quotas on steel and aluminum and to investigate the impact of
the exclusion process on affected stakeholders. Testimony was
received from (i) Brian Semcer, President--MICRO, (ii) Willie
Chang, Executive Vice President, Chief Operating Officer, and
Director--Plains All American GP LLC, (iii) Rick Huether,
President, CEO, and Chairman--Independent Can Company, (iv)
Todd Adams, President--Sanitube LLC; Vice President--Stainless
Imports Inc., and (v) Roy Houseman, Legislative
Representative--United Steelworkers.
On June 6, 2018, the Committee met with Ambassador
Lighthizer to discuss trade developments, including issues with
respect to manufacturing.
11. SERVICES
Actions taken
On June 8, 2017, the United States International Trade
Commission sent to the Committee its 2017 annual report on
Recent Trends in U.S. Services Trade pursuant to section 332(b)
of the Tariff Act of 1930.
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda with Ambassador Robert Lighthizer, United
States Trade Representative, which included discussion about
the importance of services for U.S. economic growth and job
creation.
On July 18, 2017, the Subcommittee on Trade held a hearing
on the Modernization of the North American Free Trade
Agreement. The purpose of the hearing was to analyze whether
NAFTA had been successful for the U.S. economy and job creation
with a focus on the U.S. manufacturing, agriculture, and
services sectors, and whether NAFTA could be renegotiated and
modernized to better address issues affecting U.S. workers,
business, and consumers. Testimony was received from (i) Tom
Linebarger, Chairman and Chief Executive Officer--Cummins,
Inc., (ii) Patrick J. Ottensmeyer, Chief Executive Officer--
Kansas City Southern, (iii) Dennis Arriola, Executive Vice
President--Corporate Strategy and External Affairs--Sempra
Energy, (iv) Celeste Drake, Trade and Globalization Policy
Specialist--AFL-CIO, (v) Jason Perdue, President--York County,
Nebraska Farm Bureau, (vi) Christine Bliss, President--
Coalition of Services Industries, (vii) Stan Ryan, Chief
Executive Officer and President--Darigold, Inc., (viii) Althea
Erickson, Senior Director--Global Advocacy and Policy--Etsy,
Inc., and (ix) Susan Helper, Frank Tracy Carlton Professor of
Economics--Case Western Reserve University.
On September 29, 2017, the United States International
Trade Commission sent to the Committee its report on Global
Digital Trade 1: Market Opportunities and Key Foreign Trade
Restrictions.
On October 11, 2017, the Trade Subcommittee held a hearing
entitled ``Opportunities to Expand U.S. Trade Relationships in
the Asia-Pacific Region.'' The purpose of the hearing was to
examine the opportunities for U.S. manufacturers, services
providers, farmers, ranchers, fishermen, workers, and consumers
in the Asia-Pacific region; explore how to strengthen the U.S.
job market by expanding and improving our access to the markets
in the region through existing and new trade agreements; and
analyze the impact of unfair trade practices of countries in
the Asia-Pacific region on U.S. workers and businesses.
Testimony was received from (i) Matthew Goodman, William E.
Simon Chair in Political Economy & Senior Adviser for Asian
Economics--Center for Strategic and International Studies, (ii)
Kelley Sullivan, Owner and Operator--Santa Rosa Ranch, (iii)
Demetrios Marantis, Senior Vice President and Head of Global
Government Relations--Visa Inc., (iv) Stefanie Moreland,
Director of Government Relations and Seafood Sustainability--
Trident Seafoods Inc., and (v) Scott Paul, President--Alliance
for American Manufacturing.
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda with Ambassador Robert Lighthizer, United
States Trade Representative, which included discussion about
the importance of services for U.S. economic growth and job
creation.
On June 13, 2018, the United States International Trade
Commission sent to the Committee its 2018 annual report on
Recent Trends in U.S. Services Trade pursuant to section 332(b)
of the Tariff Act of 1930.
12. DIGITAL TRADE AND E-COMMERCE
Actions taken
On September 29, 2017, the United States International
Trade Commission sent to the Committee its report on Global
Digital Trade 1: Market Opportunities and Key Foreign Trade
Restrictions.
On December 9-14, 2017, the Committee conducted a
bipartisan staff delegation to Buenos Aires, Argentina, to
participate in the 11th World Trade Organization (WTO)
Ministerial Meeting and to meet with officials from other
participating countries and U.S. officials about WTO issues,
including e-commerce negotiations.
On October 1-5, 2018, the Committee conducted a bipartisan
staff delegation to Geneva, Switzerland, to participate in the
WTO Public Forum and to meet with officials from other
participating countries and U.S. officials about WTO issues,
including e-commerce negotiations, among other topics.
13. WORLD TRADE ORGANIZATION (WTO)
Actions taken
On January 9, 2017, the United States Trade Representative
sent to the Committee the 2016 Report on China's WTO Compliance
pursuant to section 421 of the U.S.-China Relations Act of
2000.
On December 9-14, 2017, the Committee conducted a
bipartisan staff delegation to Buenos Aires, Argentina, to
participate in the 11th WTO Ministerial Meeting and to meet
with officials from other participating countries and U.S.
officials.
On January 18, 2018, the United States Trade Representative
sent to the Committee the 2017 Report on China's WTO Compliance
pursuant to section 421 of the U.S.-China Relations Act of
2000.
On January 18, 2018, the United States Trade Representative
sent to the Committee the 2017 Report on Russia's WTO
Compliance pursuant to 201(a) of the Russia and Moldova
Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law
Accountability Act of 2012.
On February 1, 2018, the United States Trade Representative
and the Department of Commerce sent to the Committee the
Administration's Annual Report on Subsidies Enforcement
pursuant to section 281(f)(4) of the Uruguay Round Agreements
Act.
On October 1-5, 2018, the Committee conducted a bipartisan
staff delegation to Geneva, Switzerland to participate in the
WTO Public Forum and to meet with officials from other
participating countries and U.S. officials.
The Committee held frequent Member and staff consultations
with USTR concerning the ongoing negotiations, including the e-
commerce and fish subsidies dialogues, as well as WTO reform.
The Committee also held regular Member and staff consultations
with USTR regarding ongoing disputes being adjudicated at the
WTO.
14. TRADE SANCTIONS
Actions taken
a. Iran and Syria
On July 17, 2017, Secretary of State Rex Tillerson sent to
the Committee a letter regarding Iran's actions with regard to
the Joint Comprehensive Plan of Action (JCPOA).
On September 15, 2017, the Department of State sent to the
Committee a report identifying the international organizations
and entities in which Iran is a member and which received
contributions from the U.S. government in FY 2016, consistent
with the Iran Threat Reduction and Syria Human Rights Act of
2012 (TRA).
On September 21, 2017, the Department of State sent to the
Committee a letter to notify the Committee of the Department of
State's determination pursuant to Section 3(b)(l)(A) of the
Protect and Preserve International Cultural Property Act of
2016 (PPICPA), that it would be against the United States
national interest to enter into an agreement with the
Government of Syria under section 303 of the Convention on
Cultural Property Implementation Act (19 U.S.C. 2602),
including the requirements under subsection (a)(3) of that
section.
On October 11, 2017, the Department of State sent to the
Committee a report on global trade in 2015 relating to Iran
pursuant to section 10(d) of the ISA.
On December 1, 2017 and April 6, 2018, the Department of
State sent to the Committee report on the status of U.S.
citizens detained in Iran and the Department of State's efforts
to secure their release, in response to Section 110 of
Countering America's Adversaries Through Sanctions Act.
On December 19, 2017, the Department of State sent to the
Committee a report addressing Iran's continued human rights
violations and abuses, in response to Section 106(a) of
Countering America's Adversaries Through Sanctions Act
(CAATSA).
On January 2, 2018, the Department of State sent to the
Committee its semi-annual report relating to the Joint
Comprehensive Plan of Actions (JCPOA) pursuant to Section 135
(d)(4) of the Atomic Energy Act of 1954, as amended, including
as amended by the Iran Nuclear Agreement Review Act of 2015.
On January 13, 2018, the Department of Treasury sent to the
Committee a report regarding Financial Transactions with
Designated Iranian Port Operators pursuant to Section 211(d) of
the Iran Threat Reduction and Syrian Human Rights Act of 2012.
On March 27, 2018, the Department of State sent to the
Committee a report on the Identification of, and Immigration
Restrictions on, Senior Officials of the Government of Iran and
their Family Members pursuant to Section 221(a) of the Iran
Threat Reduction and Syria Human Rights Act of 2012.
On July 25, 2018, the Department of State sent to the
Committee a report regarding investments in the energy sector
of Iran pursuant to Section 110 of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010.
On August 29, 2018, the Department of State sent to the
Committee its report on Regional Strategy for Countering and
Conventional and Asymmetric Iranian Threats in the Middle East
and North Africa pursuant to Section 103 of CAATSA.
On November 28, 2018, the Department of State sent to the
Committee its report on United States Citizens Detained by Iran
pursuant to Section 110 of CAATSA.
On November 28, 2018, the Department of State sent to the
Committee its report on its List of Persons Who Are Responsible
for or Complicit in Certain Human Rights Abuses in Iran
pursuant to Section 105 of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010.
Throughout the 115th Congress, the Department of Treasury
sent to the Committee its quarterly reports from January 1,
2017-December 31, 2017, submitted under Sec. 906(b) of the
Trade Sanctions Reform and Export Enhancement Act of 2000
regarding exportation of agricultural commodities, medicine,
and medical devices to Iran and Sudan.
Throughout the 115th Congress, the Department of State sent
to the Committee numerous letters regarding the Secretary's use
of limited waivers of the sanctions provided for under: the
Iran Freedom and Counter-Proliferation Act of 2012 (IFCA), Iran
Threat Reduction and Syria Human Rights Act of 2012 (TRA), the
National Defense Authorization Act (NDAA), and the Iran
Sanctions Act of 1996, as amended (ISA).
b. North Korea
On January 11, 2017, the Department of State sent to the
Committee pursuant to Section 304(a) of the North Korea
Sanctions and Policy Enhancement Act of 2016, a report that:
(1) identifies persons the Secretary of State has determined to
be responsible for serious human rights abuses of censorship in
North Korea and describes the conduct of that person; and (2)
describes serious human rights abuses or censorship undertaken
by the Government of North Korea or any person acting for or on
behalf of that Government in the most recent year ending before
the submission of the report.
On June 27, 2017, the Department of State sent to the
Committee pursuant to Section 202(d) of the North Korea
Sanctions and Policy Enhancement Act of 2016, a report on
actions undertaken to implement a strategy to improve
international implementation and enforcement of United Nations
North Korean-specific sanctions.
On October 26, 2017, the Department of State sent to the
Committee pursuant to Section 304(a) of the North Korea
Sanctions and Policy Enhancement Act of 2016, a report that:
(1) identifies persons the Secretary of State has determined to
be responsible for serious human rights abuses of censorship in
North Korea and describes the conduct of that person; and (2)
describes serious human rights abuses or censorship undertaken
by the Government of North Korea or any person acting for or on
behalf of that Government in the most recent year ending before
the submission of the report.
On January 29, 2018, the Department of Treasury sent to the
Committee a report regarding designating certain persons
pursuant to section 104 of the North Korea Sanctions and Policy
Enhancement Act of 2016, as required under Section 311(d) of
the Countering America's Adversaries through Sanctions Act
(CAATSA).
On December 10, 2018, the Department of State sent to the
Committee, pursuant to Section 304(a) of the North Korea
Sanctions and Policy Enhancement Act of 2016, a report that:
(1) identifies persons the Secretary of State has determined to
be responsible for serious human rights abuses or censorship in
North Korea and describes the conduct of that person; and (2)
describes serious human rights abuses or censorship undertaken
by the Government of North Korea or any person acting for or on
behalf of that Government in the most recent year ending before
the submission of the report.
c. Burma
On October 11, 2017, the Department of State sent to the
Committee a report on the current state of the Burmese timber
trade and recommendations for future action, updating the
report submitted in 2016 pursuant to Section 12 of the JADE
Act.
d. Russia
On December 20, 2017, the Department of State sent to the
Committee a report on the measures taken and results achieved
to promote the rule of law in Russia and to support U.S. trade
and investment by strengthening investor protections in Russia
pursuant to Section 202(a) of the Russia and Moldova Jackson-
Vanik repeal and Sergei Magnitsky rule of Law Accountability
Act of 2012.
On January 29, 2018, the Department of Treasury sent to the
Committee a report as required under Section 241 of the
Countering America's Adversaries through Sanctions Act (CAATSA)
regarding senior foreign political figures and oligarchs in the
Russian Federation.
On August 6, 2018, the Department of Treasury sent to the
Committee a report regarding interagency efforts in the United
States to Combat Illicit Finance Relating to the Russian
Federation pursuant to Section 243 of the CAATSA.
On December 20, 2018, the Department of Commerce sent to
the Committee a report to Congress on Russia Anti-Bribery
Reporting and Assistance as required by Section 202(b)(1) of
the Russia and Moldova Jackson-Vanik Repeal and Sergei
Magnitsky Rule of Law Accountability Act of 2012.
e. Other
On August 3, 2017, the Department of State sent to the
Committee its report describing the 2016 performance of the
United States Kimberly Process Authority (USKPA), which issues
Kimberley Process certificates for U.S. exports of rough
diamonds in accordance with Section 5 of the Clean Diamond
Trade Act (19 U.S.C 3904).
On August 3, 2017, the Department of State sent to the
Committee its report describing the rough diamond export
control measures of those countries participating in the
Kimberley Process Certification Scheme that exported rough
diamonds to the U.S. in 2016. The report was sent in accordance
with Section 12 of the Clean Diamond Trade Act (19 U.S.C 3911).
On August 4, 2017, the Department of State sent to the
Committee a map of mineral-rich zones under the control of
armed groups in the Democratic Republic of the Congo produced
pursuant to P.L. 111-203, Section 1502 (c)(2) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act.
On September 20, 2017, the Department of State sent to the
Committee a report on politically motivated ``boycotts of,
divestment from, and sanctions against Israel,'' in accordance
with Section 909(d) of the Trade Facilitation and Trade
Enforcement Act of 2015.
On December 28, 2017, the United States Department of
Commerce sent to the Committee its report including a listing
of all known conflict mineral processing facilities worldwide
pursuant to Section 1502(d)(3) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act.
On January 29, 2018, the Department of Treasury sent to the
Committee a report as required under Section 104(e) of the
CAATSA.
On April 5, 2018, the Department of State sent to the
Committee a report on the coordination of sanctions between the
United States and the European Union.
On July 23, 2018, the Department of State sent to the
Committee its report describing the 2017 performance of the
United States Kimberly Process Authority (USKPA), which issues
Kimberley Process certificates for U.S. exports of rough
diamonds in accordance with Section 5 of the Clean Diamond
Trade Act (19 U.S.C 3904).
15. TRADE ADJUSTMENT ASSISTANCE
Actions taken
On September 6, 2018, the United States Department of
Commerce sent to the Committee its report on Trade Adjustment
Assistance for Firms for FY 2017 in compliance with Section
255A of the Trade Act of 1974.
16. PRIORITIES OF THE OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Actions taken
On January 31, 2017, the House Advisory Group on
Negotiations convened within 30 days of the convening of
Congress as required by the Bipartisan Congressional Trade
Priorities and Accountability (TPA) Act of 2015 to discuss the
trade agenda during the 115th Congress, including consulting
with USTR on the determination of appropriate negotiating
partners; the formulation of specific objectives, negotiating
strategies, and positions; and compliance and enforcement of
the negotiated commitments under U.S. trade agreements.
On March 3, 2017, the United States Trade Representative
sent to the Committee its 2017 Trade Policy Agenda and the 2016
Annual Report.
On March 16, 2017, the Committee met with Secretary of
Commerce Wilbur Ross and Acting United States Trade
Representative Stephen Vaughn to discuss the trade agenda.
On March 21, 2017, the House Advisory Group on Negotiations
met with Secretary of Commerce Wilbur Ross and Acting United
States Trade Representative Stephen Vaughn to discuss the trade
agenda.
On March 28, 2017, the Committee met with Secretary of
Commerce Wilbur Ross and Acting United States Trade
Representative Stephen Vaughn to discuss the trade agenda.
On March 21, 2017, the House Advisory Group on Negotiations
met with Secretary of Commerce Wilbur Ross and Acting United
States Trade Representative Stephen Vaughn to discuss the trade
agenda.
On April 28, 2017, the United States Trade Representative
sent to the Committee its Special 301 Report on IP enforcement.
On May 17, 2017, the Committee met with United States Trade
Representative Robert Lighthizer and Secretary of Commerce
Wilbur Ross as required by TPA prior to sending to Congress
notification of intent to commence negotiations with Canada and
Mexico regarding modernization of the North American Free Trade
Agreement (NAFTA).
On May 17, 2017, the House Advisory Group on Negotiations
met with United States Trade Representative Robert Lighthizer
and Secretary of Commerce Wilbur Ross as required by TPA prior
to sending to Congress notification of intent to initiate
negotiations with Canada and Mexico regarding modernization of
NAFTA.
On June 6, 2017, the Office of the United States Trade
Representative sent to the Committee its FY 2018 Congressional
Budget Submission.
On June 22, 2017, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were the
structure, content, and prospect for NAFTA negotiations.
Ambassador Lighthizer testified before the Committee on the
Administration's views.
On September 27, 2017, the United States Trade
Representative sent to the Committee a copy of the charter
extending the Trade and Environment Policy Advisory Committee
(TEPAC) for two years, in accordance with Section 9(c) of the
Federal Advisory Committee Act and the U.S. General Services
Administration implementing regulation.
On February 7, 2018, the Committee met with Ambassador
Lighthizer to discuss U.S. trade policy including negotiations
with Mexico and Canada.
On February 16, 2018, the Office of the United States Trade
Representative sent to the Committee its FY 2019 Congressional
Budget Submission.
On March 21, 2018, the Committee held a hearing on the U.S.
Trade Policy Agenda. Among the trade issues covered were the
structure, content, and prospect for negotiations with Mexico
and Canada. Ambassador Lighthizer testified before the
Committee on the Administration's views on these issues.
On June 6, 2018, the Committee met with Ambassador
Lighthizer to discuss trade developments, including progress on
the NAFTA negotiations.
On July 31, 2018, the United States Trade Representative
sent to the Committee its Enforcement Priorities Report.
On August 31, 2018, Ambassador Lighthizer sent a letter
under TPA notifying Congress of his intent to sign a trade
agreement with Mexico, and with Canada if it is willing, after
90 days.
On September 27, 2018, the Committee met with Ambassador
Lighthizer to discuss the trade agenda, including Member views
on the negotiations, as required by TPA prior to signing the
agreement.
On September 27, 2018, the House Advisory Group on
Negotiations met with Ambassador Lighthizer to discuss the
trade agenda, including Member views on the negotiations, as
required by TPA prior to signing the agreement.
On September 30, the Administration posted the text of the
United States-Mexico-Canada Agreement (USMCA) on a publicly
available website.
On October 2, 2018, the Committee had a bipartisan call
with Ambassador Lighthizer to discuss the United States-Mexico-
Canada Agreement (USMCA).
On December 21, 2018, the U.S. Small Business
Administration sent to the Committee its Small Business Report
on the Modernization of the North American Free Trade Agreement
pursuant to Section 502 of the Trade Facilitation and Trade
Enforcement Act of 2015 (TFTEA).
17. PRIORITIES OF CUSTOMS AND BORDER PROTECTION
Actions taken
On February 1, 2017, the United States Customs and Border
Protection sent to the Committee its report on Land Port Entry
Needs pursuant to the Trade Facilitation and Trade Enforcement
Act of 2015 (TFTEA).
On February 28, 2017, the United States Customs and Border
Protection sent to the Committee its Commercial and Trade
Functions in the Office of Field Operations (OFO) report
pursuant to the language set forth in section 403 of the
Security and Accountability for Every Port Act of 2006, Pub. L.
No. 109-347.
On April 11, 2017, the United States Customs and Border
Protection sent to the Committee its report on Centers of
Excellence and Expertise for FY2017 pursuant to TFTEA.
On April 11, 2017, the United States Customs and Border
Protection sent to the Committee its International Trade
Committee Report for FY2017.
On May 31, 2017, the United States Customs and Border
Protection sent to the Committee its Congressional Budget
Justification for FY2018.
On July 25, 2017, the United States Customs and Border
Protection sent to the Committee a report on Integrated
Scanning System Operations pursuant to the Security and
Accountability for Every Port Act of 2006 (SAFE Port Act).
On August 3, 2017, the United States Customs and Border
Protection sent to the Committee a letter regarding the renewal
of the charter for the Technical Mapping Advisory Council, a
statutory committee pursuant to the Biggert-Waters Flood
Insurance Reform Act of 2012.
On September 9, 2017, the United States Customs and Border
Protection sent to the Committee its report on its Resource
Optimization Model for FY 2017 pursuant to the SAFE Port Act.
On October 3, 2017, the United States Customs and Border
Protection sent to the Committee its report on CBP Staffing for
FY 2017.
On November 3, 2017, the United States Customs and Border
Protection sent to the Committee its biannual report on
Methamphetamine and Methamphetamine Precursor Chemicals
pursuant to the SAFE Port Act.
On November 15, 2017, the United States Customs and Border
sent to the Committee its report on Changes to Customs Policies
and Regulations by CBP for FY2017 pursuant to TFTEA.
On December 22, 2017, the United States Government
Accountability Office sent to the Committee a draft report
regarding CBP public-private partnerships as provided in the
Cross-Border Trade Enhancement Act of 2017.
On February 5, 2018, the United States Customs and Border
Protection sent to the Committee its report on CBP and ICE
Educational Seminars pursuant to TFTEA.
On February 5, 2018, the United States Customs and Border
Protection sent to the Committee its report on Customs and
Trade Partnership pursuant to TFTEA.
On February 9, 2018, the United States Customs and Border
Protection sent to the Committee its report on updates to
Integrated Scanning System Operations for FY2017 pursuant to
the SAFE Port Act.
On February 12, 2018, the United States Customs and Border
Protection sent to the Committee its Congressional Budget
Justification for FY2019.
On February 13, 2018, the United States Customs and Border
Protection sent to the Committee its report on Trade and Travel
for FY2017 pursuant to TFTEA.
On February 27, 2018, the United States Customs and Border
Protection sent to the Committee its Report on CBP Trade Alerts
for FY18 pursuant to TFTEA.
On March 27, 2018, the United States Customs and Border
Protection sent to the Committee its report on Personal and
Real Property Donations pursuant to TFTEA.
On March 28, 2018, the United States Customs and Border
Protection sent to the Committee a letter and a report
regarding the re-establishment of the charter for the Homeland
Security Academic Advisory Council pursuant to the Federal
Advisory Committee Act.
On April 3, 2018, the United States Customs and Border
Protection sent to the Committee its report on Public and
Private Partnership Activities and Fee Agreements pursuant to
the Cross-Border Trade Enhancement Act of 2016.
On April 10, 2018, the United States Customs and Border
Protection sent to the Committee its report on the
International Trade Committee for FY2018.
On April 10, 2018, the United States Customs and Border
Protection sent to the Committee its report on changes to
Customs Policies and Regulations by CBP pursuant to TFTEA.
On April 16, 2018, the United States Customs and Border
Protection sent to the Committee its report on Wait Time
Transparency for FY2018 pursuant to TFTEA.
On April 17, 2018, the United States Customs and Border
Protection sent to the Committee its annual Commercial and
Trade Functions report for FY2018.
On May 5, 2018, the United States Customs and Border
Protection sent to the Committee its Section 907 Report for
Reimbursable Agreements pursuant to TFTEA.
On July 19, 2018, the United States Customs and Border
Protection sent to the Committee its initial report on Social
Security Number Fraud Prevention Act as required by the Social
Security Number Fraud Prevention Act of 2017.
On November 2, 2018, the United States Customs and Border
Protection sent to the Committee its initial report on
Compliance with Section 307 of the Tariff Act of 1930.
On November 5, 2018, the United States Customs and Border
Protection sent to the Committee its report regarding
compliance with Section 414 of the Tariff Act of 1930 as
required by TFTEA.
On December 10, 2018, the United States Customs and Border
Protection sent to the Committee its report on Personal and
Real Property Donations pursuant to TFTEA.
Throughout the 115th Congress, the United States Customs
and Border Protection sent to the Committee numerous letters
regarding: its annual charter renewal for the Commercial
Customs Operations Advisory Committee (COAC); its annual report
on COAC; its annual reports regarding Automated Commercial
Environment; and its quarterly reports on CBP Preclearance
Operations Staffing.
18. PRIORITIES OF THE UNITED STATES INTERNATIONAL TRADE COMMISSION
(ITC)
Actions taken
On February 10, 2017, the ITC sent to the Committee a
management letter on potential changes to its process for
evaluating conflicts of interest.
On April 12, 2017, the ITC sent to the Committee its annual
Budget Justification Executive Summary for Fiscal Year 2018.
On May 23, 2017, the ITC sent to the Committee its Annual
Performance Report for FY 2016 and Annual Performance Plan for
FY 2017-18.
On May 30, 2017, the ITC sent to the Committee its
Inspector General semiannual report.
On June 9, 2017, the Committee received from the ITC the
preliminary report on miscellaneous tariff petitions it
received under AMCA.
On June 26, 2017, the ITC sent to the Committee a letter on
the Commission's investigation No. 332-557, Aluminum:
Competitive Conditions Affecting the U.S. Industry, in response
to the Chairman's request letter of February 24, 2016, under
section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(4)).
On July 21, 2017, Chairman Kevin Brady and Ranking Member
Richard Neal, along with Senate Finance Chairman Orrin Hatch
and Ranking Member Ron Wyden, sent a letter to the ITC
providing comments on the MTB preliminary report in preparation
for the issuance of the final report.
On July 25, 2017, the ITC sent to the Committee a report on
the operation of the trade agreements program pursuant to
section 163(c) of the Trade Act of 1974.
On August 8, 2017, the Committee received from the ITC the
final report on miscellaneous tariff petitions it received
under AMCA.
On October 16, 2017, the ITC sent to the Committee a report
on the Economic Effects of Significant U.S. Import Restraints.
On November 13, 2017, the ITC sent to the Committee its
two-volume report on Crystalline Silicon Photovoltaic Cells
pursuant to Section 202(b) of the Trade Act of 1974.
On November 15, 2017, the USITC sent to the Committee the
Commission's Agency Financial Report for FY 2017.
On November 15, 2017, the ITC sent to the Committee the
Commission's Agency Financial Report for FY 2017.
On November 21, 2017, the ITC sent to the Committee a
report on the Digital Accountability and Transparency Act
Audit.
On December 4, 2017, the United States International Trade
Commission sent to the Committee its report on Large
Residential Washers pursuant to Section 202(b) of the Trade Act
of 1974.
On February 12, 2018, the ITC sent to the Committee its
annual Budget Justification Executive Summary for Fiscal Year
2018.
On February 12, 2018, the ITC sent to the Committee the
USITC's Annual Performance Report for FY 2016 and Annual
Performance Plan for FY 2017-18.
On August 21, 2018, the ITC sent to the Committee a report
on the operation of the trade agreements program pursuant to
section 163(c) of the Trade Act of 1974.
On November 13, 2018, the ITC set to the Committee its
Agency Financial Report for FY 2018.
SUBCOMMITTEE ON TAX
Actions Taken
FULL COMMITTEE HEARINGS
On May 18, 2017, the Committee received testimony on how
tax reform will grow our economy and create jobs from: (i) John
J. Stephens, Senior Executive Vice President and Chief
Financial Officer, AT&T Inc.; (ii) Zachary Mottl, Chief
Alignment Officer, Atlas Tool Works, Inc.; (iii) David N. Farr,
Chairman and Chief Executive Officer, Emerson Electric Co.;
(iv) Douglas L. Peterson, President and Chief Executive
Officer, S&P Global Inc.; (v) Steven Rattner, Chairman, Willett
Advisors LLC.
On May 23, 2017, the committee received testimony on
increasing U.S. competitiveness and preventing American jobs
from moving overseas from: (i) Juan Luciano, President and
Chief Executive Officer, Archer Daniels Midland Company; (ii)
Brian Cornell, Board Chairman and Chief Executive Officer,
Target Corporation; (iii) William Simon, Former President and
Chief Executive Officer, Walmart U.S.; (iv) Lawrence B.
Lindsey, President and CEO, The Lindsey Group; (v) Kimberly
Clausing, Thormund A. Miller and Walter Mintz Professor of
Economics, Reed College.
On May 24, 2017, the Committee received testimony on the
President's Fiscal Year 2018 Budget Proposals from U.S.
Secretary of the Treasury, Steven Mnuchin.
On February 15, 2018, the Committee received testimony on
the President's Fiscal Year 2019 Budget Proposals from U.S.
Secretary of the Treasury, Steven Mnuchin.
On May 16, 2018, the Committee received testimony on tax
reform, growing our economy, and creating jobs from: (i)
Douglas Holtz-Eakin, President, American Action Forum; (ii)
Zachary Mottl, Chief Alignment Officer, Atlas Tool Works, Inc.;
(iii) David Farr, Chairman and Chief Executive Officer,
Emerson; (iv) Steven Rattner, Chairman and Chief Executive
Officer, Willett Advisors LLC.
SUBCOMMITTEE HEARINGS:
On July 13, 2017, the Subcommittee on Tax Policy received
testimony on how tax reform will help America's small
businesses grow and create new jobs from: (i) Teresa Meares,
President, DGG Uniform and Work Apparel; (ii) Scott E.
VanderWal, Owner, VanderWal Farms; (iii) Rebecca Boenigk, Chief
Executive Officer, Neutral Posture; (iv) Chye-Ching Huang,
Deputy Director--Federal Tax Policy, Center on Budget and
Policy Priorities.
On July 19, 2017, the Subcommittee on Tax Policy received
testimony on how tax reform will simplify our broken tax code
and help individuals and families from: (i) The Honorable Bill
Archer, Former Chairman, Committee on Ways and Means; (ii)
Bernard F. McKay, Chairman of the Board of Directors, Council
for Electronic Revenue Communication Advancement; (iii) Jania
Stout, Practice Leader and Co-Founder, Fiduciary Plan Advisors
at HighTower; (iv) Eric Rodriguez, Vice President--Office of
Research, Advocacy, and Legislation, UnidosUS.
On March 14, 2018, the Subcommittee on Tax Policy received
testimony on the post tax reform evaluation of recently expired
tax provisions from: (i) The Honorable Rick Lazio, Senior Vice
President, Alliantgroup; (ii) Henry Chamberlain, President and
Chief Operating Officer, Building Owners and Managers
Association International; (iii) Daniel Bresette, Vice
President for Policy and Research, Alliance to Save Energy;
(iv) Lisa Jacobson, President, Business Council for Sustainable
Energy; (v) Sam Paschel, Chief Executive Officer, Zero
Motorcycles Inc.; (vi) Andrew West, Founder and Chief Executive
Officer, American Natural Gas, LLC; (vii) Daniel Gage,
President, NGVAmerica; (viii) Stuart Weidie, President and
Chief Executive Officer, The Blossman Companies; (ix) Michael
Dungan, Director of Sales and Marketing, RES Polyflow; (x)
Robbie Diamond, President and Chief Executive Officer, Securing
America's Future Energy; (xi) Morry Markowitz, President, Fuel
Cell and Hydrogen Energy Association; (xii) David Burton,
Senior Fellow in Economic Policy, The Heritage Foundation;
(xiii) Richard Phillips, Senior Policy Analyst, Institute on
Taxation and Economic Policy; (xiv) Ryan Alexander, President,
Taxpayers for Common Sense; (xv) Maya MacGuineas, President,
Committee for a Responsible Federal Budget; (xvi) Seth Hanlon,
Senior Fellow, Center for American Progress; (xvii) Cal Meyer,
Group Vice President and Chief Operating Officer, Ag Processing
Inc.; (xviii) Michael McAdams, President, Advanced Biofuels
Association; (xix) Edward Hubbard, General Counsel, Renewable
Fuels Association; (xx) Judy Petry, Chair, American Short Line
and Regional Railroad Association; (xxi) Barry Grooms, Realtor
and Co-Owner, SaraBay Real Estate Inc.
On May 23, 2018, the subcommittee on Tax Policy received
testimony on tax reform and small businesses, growing our
economy, and creating jobs from: (i) Larry Gray, Owner,
Alftermann Gray & Co. CPAs, LLC; (ii) Michael Baach, President
and Chief Executive Officer, Philpott Solutions Group; (iii)
John Horne, Owner and President, Anna Maria Oyster Bars; (iv)
Philip Homan, President and Chief Executive Officer, LORAM
Maintenance of Way, Inc.; (v) John Arensmeyer, Founder and
Chief Executive Officer, Small Business Majority.
SUBCOMMITTEE ON HUMAN RESOURCES
Actions Taken
FULL COMMITTEE HEARINGS
On April 17, 2018, the Committee received testimony on Jobs
and Opportunity: Federal Perspectives on the Jobs Gap from the
Honorable R. Alexander Acosta, Secretary, U.S. Department of
Labor.
SUBCOMMITTEE HEARINGS
On February 15, 2017, the Subcommittee on Human Resources
received testimony on The Geography of Poverty from (i)
Elizabeth Kneebone, Fellow, Metropolitan Policy Program,
Brookings Institution; (ii) Mark Partridge, Professor, Swank
Chair in Rural-Urban Policy, Department of Agricultural,
Environmental, and Development Economics, The Ohio State
University; (iii) William Leavy, Executive Director, Greater
West Town Project, Chicago, IL, accompanied by Linda Thomas,
Director of Client Services, Greater West Town Project,
Chicago, IL; (iv) Tammy Slater, CEO, Goodwill Industries of
Greater Nebraska.
On March 15, 2017, the Subcommittee on Human Resources
received testimony on the Reauthorization of the Maternal,
Infant, and Early Childhood Home Visiting (MIECHV) Program
from: (i) Beth Russell, Nurse Home Visitor, Penn Medicine
Lancaster General Nurse-Family Partnership (NFP), PA; (ii) Rosa
Valentin, Client, Penn Medicine Lancaster General Nurse-Family
Partnership (NFP), PA; (iii) Eric Bellamy, Home Visiting
Manager, Children's Trust of South Carolina; (iv) Diana Rauner,
President, The Ounce of Prevention Fund.
On May 17, 2017, the Subcommittee on Human Resources
received testimony on Opportunities for Youth and Young Adults
to Break the Cycle of Poverty from: (i) Gerald Chertavian,
Founder and CEO, Year Up; (ii) Jameela Roland, Graduate, Year
Up; (iii) Martrice Manuel, Senior Program Director, Youth
Scholars, Skills, and Services Program, Chicago, IL; (iv)
Cheryl A. Oldham, Vice President of Education Policy, U.S.
Chamber of Commerce.
On September 6, 2017, the Subcommittee on Human Resources
received testimony on Missing from the Labor Force: Examining
Declining Employment among Working-Age Men from: (i) Brent
Orrell, Vice President, Family and Economic Stability, ICF
International, Inc.; (ii) Mike Henderson, President and CEO,
Associated Builder and Contractors (ABC) Baltimore, MD; (iii)
Tyrone Ferrens, Graduate, Project JumpStart; (iv) Anthony
Lowery, Director, Policy & Advocacy, Safer Foundation, Chicago,
IL.
On April 12, 2018, the Subcommittee on Human Resources
received testimony on Jobs and Opportunity: Local Perspectives
on the Jobs Gap, the difference between the demand for workers
from employers to keep the economy growing and the supply of
workers from the labor force at a time when labor force
participation has been at historic lows, from: (i) Connie
Wilhelm, Chief Executive Officer, Home Builders Association of
Central Arizona; (ii) Toby Thomas, President, Austin Electric,
LLC, Avondale, AZ; (iii) Brian Potaczek, Employee, Austin
Electric, LLC, Mesa, AZ, (iv) Kelly Tessitore, Vice President
of Advancement, Jewish Vocational Service, Boston, MA; (v)
Heather Terenzio, CEO, Techtonic Group, LLC, Boulder, CO; (vi)
Justin Welner, Vice President, Human Resources, Spirit
AeroSystems, Wichita, KS; (vii) Andrew Wells, Director of
Workforce Development, The Chicago Urban League; (viii) Peter
Barrett, Senior Vice President, Marketing and Corporate
Development, Smoker Craft, Inc, New Paris, IN.
On April 25, 2018, the Subcommittee on Human Resources
received testimony on Jobs and Opportunity: Employer
Perspectives on the Jobs Gap from: (i) David Ard, Senior Vice
President and Global Head of People and Communications, Gap,
Inc, New York, NY; (ii) Julie Shapiro, Executive Director, The
Door, New York, NY; (iii) Steve Staub, President and Owner,
Staub Manufacturing Solutions, Dayton, OH; (iv) Dr. Dan Lustig,
Psy.D. CAADC MISA II, President and CEO, Haymarket Center,
Chicago, IL; (v) Glenn Johnson, Manufacturing Workforce
Development Leader, BASF Corporation, Houston, TX; (vi) Barb
Pilarski, Head of Human Resources, FCA (Fiat-Chrysler) US LLC,
Auburn Hills, MI.
On May 9, 2018, the Subcommittee on Human Resources
received testimony on Jobs and Opportunity: Legislative Options
to Address the Jobs Gap from: (i) Jennifer Meek Eells,
Executive Director, Workforce Development Board, OhioMeansJobs
Stark and Tuscarawas Counties; (ii) Nisha Patel, Institute
Fellow, Urban Institute; (iii) Robert Doar, Morgridge Fellow in
Poverty Studies, American Enterprise Institute.
On July 24, 2018, the Subcommittee on Human Resources
received testimony on The Opioid Crisis: Implementation of the
Family First Prevention Services Act (FFPSA) from Jerry Milner,
Associate Commissioner, Children's Bureau, and Acting
Commissioner, Administration on Children, Youth and Families,
United States Department of Health and Human Services.
SUBCOMMITTEE ON HEALTH
Actions Taken
FULL COMMITTEE HEARINGS
On June 8, 2017, the Committee received testimony on the
Department of Health and Human Services Fiscal Year 2018 Budget
Request from Honorable Thomas E. Price, M.D., Secretary, U.S.
Department of Health and Human Services.
On February 14, 2018, the Committee received testimony on
the Department of Health and Human Services' Fiscal Year 2019
Budget Request from Honorable Alex Michael Azar II, Secretary,
U.S. Department of Health and Human Services.
SUBCOMMITTEE HEARINGS
On May 18, 2017, the Subcommittee on Health received
testimony on the current status of the Medicare Program,
payment systems, and extenders from: Mark Miller, Executive
Director, Medicare Payment Advisory Commission.
On June 7, 2017, the Subcommittee on Health received
testimony on promoting integrated and coordinated care for
Medicare beneficiaries from: (i) Gretchen Jacobson, PhD,
Associate Director, Kaiser Family Foundation's Program on
Medicare Policy; (ii) Cheryl Wilson, RN, Chief Executive
Officer, St. Paul's Senior Services; (iii) David Grabowski,
PhD, Professor of Health Care Policy, Department of Health Care
Policy at Harvard Medical School; (iv) A. Mark Fendrick, MD,
Executive Director, University of Michigan Center for Value-
Based Insurance Design.
On February 6, 2018, the Subcommittee on Health received
testimony on the Opioid Crisis removing barriers to prevent and
treat opioid abuse and dependence in Medicare from: (i) Phil
Scott, Governor, State of Vermont, joined by Al Gobeille,
Secretary of Human Services; (ii) Dr. Ramsin M. Benyamin, M.D.,
President and Founder, Millennium Pain Center; Board of
Directors, American Board of Interventional Pain Physicians;
(iii) Jason Kletter, Ph.D., President, BayMark Health Services
and Bay Area Addiction Research and Treatment (BAART); (iv)
Harold L. Paz, M.D., M.S., Executive Vice President and Chief
Medical Officer, Aetna; (v) Laura Hungiville, PharmD, Chief
Pharmacy Officer, WellCare Health Plans, Inc.
On March 21, 2018, the Subcommittee on Health received
testimony on implementation of MACRA's physician payment
policies from: Demetrios L. Kouzoukas, Principal Deputy
Administrator, Centers for Medicare and Medicaid Services,
joined by Dr. Kate Goodrich, Chief Medical Officer, Centers for
Medicare and Medicaid Services.
On April 26, 2018, the Subcommittee on Health received
testimony on innovation in health care from: (i) Matthew S.
Philip, M.D., Physician, Breakthrough Care Center, DuPage
Medical Group joined by Paul F. Merrick, M.D., President,
DuPage Medical Group; (ii) Oliver Kharraz, M.D., Chief
Executive Officer & Founder, Zocdoc; (iii) Becki Hafner-
Fogarty, M.D., Senior Vice President, Policy and Strategy,
Zipnosis, Inc.; (iv) Dan Paoletti, Chief Executive Officer, The
Ohio Health Information Partnership; (v) Sean Cavanaugh, Chief
Administrative Officer Aledade.
On May 8, 2018, the Subcommittee on Health received
testimony on the current status of and quality in the Medicare
Advantage Program from: (i) Karoline Mortensen, Ph.D.,
Associate Professor, Health Sector Management & Policy,
University of Miami Business School; (ii) Andrew Toy, Chief
Technology Officer, Clover Health; (iii) Daphne Klausner,
Senior Vice President, Senior Markets, Independence Blue Cross;
(iv) Jack Hoadley, Ph.D., Georgetown University Health Policy
Institute.
On June 6, 2018, the Subcommittee on Health received
testimony on lowering costs and expanding access to health care
through consumer-directed health plans from (i) Roy Ramthun,
President and Founder, HSA Consulting Services, LLC; (ii) Matt
Eyles, President & CEO, America's Health Insurance Plans
(AHIP); (iii) Jody Dietel, Chief Compliance Officer, WageWorks,
Inc.; (iv) Sherry Glied, Dean, New York University, Robert F.
Wagner Graduate School of Public Service.
On July 17, 2018, the Subcommittee on Health received
testimony on modernizing Stark Law to ensure the successful
transition from volume to value in the Medicare program from:
(i) Eric Hargan, Deputy Secretary, Department of Health and
Human Services; (ii) Gary M. Kirsh, M.D., President, The
Urology Group; (iii) Mike Lappin, Chief Integration Officer,
AdvocateAuroraHealth; (iv) Brian DeBusk, Ph.D., M.B.A.,
President and Chief Executive Officer, DeRoyal; (v) Claire M.
Sylvia, Partner, Phillips & Cohen LLP.
SUBCOMMITTEE ON SOCIAL SECURITY
Actions Taken
SUBCOMMITTEE HEARINGS
On February 7, 2017, the Subcommittee on Social Security
and the Subcommittee on Oversight received testimony at a
hearing entitled ``Examining the Social Security
Administration's Representative Payee Program: Determining Who
Needs Help'' from: (i) Marianna LaCanfora, Acting Deputy
Commissioner, Office of Retirement and Disability Policy,
Social Security Administration; (ii) Dr. Paul Appelbaum,
Elizabeth K. Dollard Professor of Psychiatry, Medicine & Law,
Columbia University; (iii) Lindsay Nichols, Senior Attorney,
The Law Center to Prevent Gun Violence/Americans for
Responsible Solutions; (iv) Gale Stallworth Stone, Acting
Inspector General, Social Security Administration. The hearing
focused on the capability determination process used by the
Social Security Administration (SSA) to assess whether an
individual needs a representative payee to manage benefit
payments on their behalf. The witnesses discussed how
capability determinations are made, concerns with the SSA's
current process, and recommendations for improvement.
On March 22, 2017, the Subcommittee on Oversight and the
Subcommittee on Social Security received testimony on Social
Security's Representative Payee Program from: (i) Marianna
LaCanfora, Acting Deputy Commissioner, Office of Retirement and
Disability Policy, Social Security Administration; (ii) Gale
Stallworth Stone, Acting Inspector General, Social Security
Administration; (iii) Marty Ford, Senior Executive Officer,
Public Policy, The Arc, on behalf of the Consortium for
Citizens with Disabilities Social Security Task Force; (iv)
Brenda Uekert, Principal Court Research Consultant, National
Center for State Courts; (v) David Slayton, Administrative
Director, Office of Court Administration, Texas Judicial
Branch. This was the second hearing on the Representative Payee
Program and was entitled ``Examining the Social Security
Administration's Representative Payee Program: Who Provides
Help.'' Witnesses discussed how the SSA selects and monitors
payees as well as concerns with how the SSA administers its own
rules and regulations. Witnesses also discussed state
guardianship programs and how these programs can inform the
SSA's efforts to improve the representative payee program.
On April 26, 2017, the Subcommittee on Social Security
received testimony at a hearing entitled ``Stopping Disability
Fraud: Risk, Prevention, and Detection'' from: (i) Sean Brune,
Assistant Deputy Commissioner, Office of Budget, Finance,
Quality and Management, Social Security Administration; (ii)
Seto J. Bagdoyan, Director, Forensic Audits and Investigative
Service, Government Accountability Office. The hearing focused
on the agency's ability to identify and manage fraud risk, and
the status of the SSA's antifraud initiatives. Witnesses
discussed what the SSA has done to improve its fraud detection
and prevention, as well as the steps that need to be taken to
improve the agency's fraud risk management.
On May 23, 2017, the Subcommittee on Social Security and
the Committee on Oversight and Government Reform, Subcommittee
on Information Technology received testimony at a hearing
entitled ``Protecting Americans' Identities: Examining Efforts
to Limit the Use of Social Security Numbers'' from: (i) Gregory
C. Wilshusen, Director, Information Security Issues, Government
Accountability Office; (ii) Marianna LaCanfora, Acting Deputy
Commissioner, Office of Retirement and Disability Policy,
Social Security Administration; (iii) David DeVries, Chief
Information Officer, Office of Personnel Management; (iv) Karen
Jackson, Deputy Chief Operating Officer, Centers for Medicare
and Medicaid Services; (v) John Oswalt, Executive Director for
Privacy, Office of Information and Technology, Department of
Veterans Affairs. The hearing focused on efforts by federal
agencies to reduce the use of Social Security numbers (SSNs)
and the challenges these agencies face in doing so. The panel
discussed the origin of the SSN and its widespread use as a
personal identifier. The witnesses also discussed the internal
and external challenges that agencies face in reducing SSN use
and the progress that has been made to date.
On June 29, 2017, the Subcommittee on Social Security and
the Subcommittee on Oversight received testimony at a hearing
entitled ``The Complexities and Challenges of Social Security
Coverage and Payroll Tax Compliance for State and Local
Governments'' from: (i) Marianna LaCanfora, Acting Deputy
Commissioner, Office of Retirement and Disability Policy,
Social Security Administration; (ii) Sunita Lough,
Commissioner, Tax Exempt and Government Entities Division,
Internal Revenue Service; (iii) Maryann Motza, Ph.D.,
Legislative Committee Chair and Past President, National
Conference of State Social Security Administrators. The hearing
focused on the roles the SSA, the Internal Revenue Service
(IRS), and State Social Security Administrators play in
administering Social Security coverage for state and local
governments. Members discussed how the SSA, IRS and State
Social Security Administrators can improve coordination to
ensure proper administration of Section 218 agreements and
increase payroll tax compliance.
On July 14, 2017, the Subcommittee on Social Security
received testimony on Social Security's Trust Funds at a
hearing entitled ``Social Security's Solvency Challenge: Status
of the Social Security Trust Funds'' from Stephen C. Goss,
Chief Actuary, Social Security Administration. The hearing
focused on the findings in the 2017 Annual Report of the Board
of Trustees of the Federal Old-Age and Survivors Insurance and
Federal Disability Trust Funds and the demographic and economic
factors that affect the financial condition of Social
Security's Trusts Funds. The Social Security Trustees project
the combined Trust Funds will be exhausted in 2034. The
Trustees also project that the Disability Insurance (DI) Trust
Fund will be exhausted in 2028, 5 years later than the 2016
projection. The 75-year unfunded liability increased from $11.4
trillion in 2016 to $12.5 trillion in 2017.
On September 6, 2017, the Subcommittee on Social Security
received testimony at a hearing entitled ``Determining
Eligibility for Disability Benefits: Challenges Facing the
Social Security Administration'' from: (i) Bea Disman, Acting
Chief of Staff, Social Security Administration; (ii) Kathryn
Larin, Director of Education, Workforce, and Income Security
Issues, Government Accountability Office; (iii) Elizabeth
McLaren, Bureau Chief, Iowa Disability Determination Services
on behalf of National Council of Disability Determination
Directors; (iv) Marilyn Zahm, President, Association of
Administrative Law Judges; (v) Lisa Ekman, Director of
Government Affairs, National Organization of Social Security
Claimants' Representatives on behalf of the Consortium for
Citizens with Disabilities Social Security Task Force. The
hearing focused on the SSA's plan to reduce the hearing backlog
and claimant wait times, other efforts to modernize and improve
the disability determination process, and tools available to
expedite decisions for those with certain severe conditions.
Witnesses discussed the SSA's plan to reduce the disability
hearing backlog and methods to improve the disability
determination process. At the hearing, Members and witnesses
agreed that the record high hearing backlog of more than one
million pending cases and wait times of approximately 600 days
for a hearing decision were unacceptable. Members and witnesses
also discussed the need for the SSA to use the resources they
have more efficiently.
On February 7, 2018, the Subcommittee on Social Security
received testimony at a hearing entitled ``Ensuring Social
Security Serves America's Veterans'' from Gina Clemons,
Associate Commissioner, Office of Disability Policy, Social
Security Administration. The witness discussed how the SSA
expedites veterans' DI claims and uses electronic health
records to reduce wait times, as well as the SSA's efforts to
hire veterans. The witness also discussed the SSA's outreach
efforts to educate veterans about DI for service members and
the SSA's updated medical listing for war injuries. The Members
discussed ways to improve the DI claims process and how the SSA
can increase efficiencies to help veterans and non-veterans as
workloads continue to increase.
On March 7, 2018, the Subcommittee on Social Security
received testimony at a hearing entitled ``Lacking a Leader:
Challenges Facing the SSA after over 5 Years of Acting
Commissioners'' from: (i) Elizabeth Curda, Director, Education,
Workforce, and Income Security, Government Accountability
Office; (ii) Valerie Brannon, Legislative Attorney,
Congressional Research Service; (iv) Max Richtman, President
and CEO, National Committee to Preserve Social Security and
Medicare; (v) Max Stier, President and CEO, Partnership for
Public Service. The hearing focused on the need for a Senate-
confirmed Commissioner to lead the SSA, the challenges and
limitations faced by the SSA when it is led by an Acting
Commissioner, and the legal framework that governs a vacancy at
the SSA. Prior to the hearing, on March 6, 2018, the Government
Accountability Office (GAO) issued an opinion that the SSA has
been in violation of the Federal Vacancies Reform Act of 1998
since November 17, 2017. Witnesses discussed the negative
impact of being without a Senate-confirmed Commissioner for
more than five years, as well as the challenges facing the
agency. Witnesses also discussed the interaction between the
Federal Vacancies Reform Act of 1998 and Section 702 of the
Social Security Act which provide the statutory framework for
filling a vacancy at the SSA. Members expressed concern with
the complexity of the statutory framework and the limited
ability of an Acting Commissioner to address problems at the
SSA.
On May 17, 2018, the Subcommittee on Social Security
received testimony at a hearing entitled ``Securing Americans'
Identities: The Future of the Social Security Number'' from:
(i) Nancy Berryhill, Acting Commissioner, Social Security
Administration; (ii) Elizabeth Curda, Director, Education,
Workforce, and Income Security, Government Accountability
Office; (iii) Samuel Lester, Consumer Privacy Counsel,
Electronic Privacy Information Center; (iv) Paul Rosenzweig,
Senior Fellow, R Street Institute; (v) Steve Grobman, Senior
Vice President and Chief Technology Officer, McAfee, LLC; (vi)
Jeremy A. Grant, Coordinator, Better Identity Coalition; (vii)
James Lewis, Senior Vice President, Technology Policy Program,
Center for Strategic and International Studies. The hearing
focused on the dangers of the use of the SSN as both an
identifier and authenticator, and examined policy
considerations and possible solutions to mitigate the
consequences of SSN loss or theft. Members and witnesses
discussed the SSN's continued use as an identifier and the
danger of the use of SSNs as an authenticator. Witnesses also
discussed options, such as publication of all SSNs, to make the
use of SSNs safer. Additionally, Members and witnesses
discussed the use of the Social Security card and the need to
improve the SSA's policies to make it easier for identity theft
victims to receive new SSNs.
On June 7, 2018, the Subcommittee on Social Security
received testimony at a hearing entitled ``Examining Social
Security's Solvency Challenge: The Status of Social Security's
Trust Funds'' from Stephen C. Goss, Chief Actuary, Social
Security Administration. The hearing focused on the findings in
the 2018 Annual Report of the Board of Trustees of the Federal
Old-Age and Survivors Insurance and Federal Disability
Insurance Trust Funds and the factors that affect the actuarial
condition of Social Security's Trust Funds. Mr. Goss discussed
the main changes from the 2017 Trustees Report to the 2018
Trustees Report, including the increase in Social Security's
75-year actuarial deficit and 75-year unfunded liability and
the improvement in the DI Trust Fund. Social Security's
actuarial deficit increased from 2.83 percent of taxable
payroll in 2017 to 2.84 percent of taxable payroll in 2018 and
the program's unfunded liability increased from $12.5 trillion
to $13.2 trillion over this time period, while the projected
reserve depletion date for the DI Trust Fund improved from 2028
to 2032. Mr. Goss noted that the solvency improvement for the
DI Trust Fund is due to a decrease in DI applications and
awards, but the reason for the decline in DI applications is
still not well understood. The hearing also clarified that the
Trustees Report's economic assumptions do not account for the
effects of the Tax Cuts and Jobs Act since these assumptions
were finalized prior to the law's passage.
On July 25, 2018, the Subcommittee on Social Security
received testimony at a hearing entitled ``Examining Changes to
Social Security's Disability Appeals Process'' from: Patricia
Jonas, Deputy Commissioner, Analytics, Review, and Oversight,
Social Security Administration; (ii) Elizabeth Curda, Director,
Education, Workforce, and Income Security Issues, Government
Accountability Office; (iii) Will Morton, Analyst in Income
Security, Congressional Research Service; (iv) Jeff Price,
Legislative Director, National Association of Disability
Examiners; (v) Lisa Ekman, Director of Government Affairs,
National Organization of Social Security Claimants'
Representatives, on behalf of the Consortium for Citizens with
Disabilities Social Security Task Force; (vi) Hon. Ronald A.
Cass, President, Cass & Associates, PC. The hearing focused on
recent and planned changes to the SSA's disability appeals
process, how the SSA evaluates process changes, and the
progress the SSA has made in reducing the disability backlog.
At the hearing, Members and witnesses discussed the SSA's
decision to reinstate the reconsideration stage of appeal
nationwide with Members expressing bipartisan concern regarding
that decision.
On September 27, 2018, the Subcommittee on Social Security
received testimony at a hearing entitled ``The State of Social
Security's Information Technology'' from: (i) Rajive Mathur,
Deputy Commissioner of Systems and Chief Information Officer,
Social Security Administration; (ii) Gale Stallworth Stone,
Acting Inspector General, Social Security Administration; (iii)
Carol C. Harris, Director, Information Technology Management
Issues, Government Accountability Office. The hearing focused
on the SSA's efforts to modernize the agency's information
technology (IT) systems. Members and witnesses discussed the
challenges posed by the SSA's out of date systems, the need for
the SSA to engage with the private sector to identify solutions
to its IT needs, and the progress the SSA has made after the
release of its modernization plan in October 2017.
III. PUBLIC HEARINGS
During the 115th 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 2019 budget proposals,
tax reform, trade, health and Social Security issues.
As the statistics below indicate, during the 115th
Congress, the full Committee and its six Subcommittees held
public hearings aggregating a total of 56 days, during which
time 244 witnesses testified. There was one field hearing.
The following table specifies the statistical data on the
number of days and witnesses on each of the subjects covered by
public hearings in the full Committee during the 115th
Congress.
TABLE 1--PUBLIC HEARINGS CONDUCTED BY THE FULL COMMITTEE ON WAYS AND
MEANS
------------------------------------------------------------------------
Number of--
Subject and Date -------------------------
Days Witnesses
------------------------------------------------------------------------
2017:
Hearing on How Tax Reform Will Grow Our 1 5
Economy and Create Jobs, May 18..........
Hearing on Increasing U.S. Competitiveness 1 5
and Preventing American Jobs from Moving
Overseas, May 23.........................
Hearing on the President's Fiscal Year 1 1
2018 Budget Proposals with U.S. Secretary
of the Treasury Steven Mnuchin, May 24...
Hearing on the Department of Health and 1 1
Human Services' Fiscal Year 2018 Budget
Request, June 8..........................
Hearing on U.S. Trade Policy Agenda, June 1 1
22.......................................
Total for 2017........................ 5 13
2018:
Hearing on the Department of Health and 1 1
Human Services' Fiscal Year 2019 Budget
Request, February 14.....................
Hearing on FY 2019 Budget Proposals for 1 1
the Department of Treasury, February 15..
Hearing on U.S. Trade Policy Agenda, March 1 1
21.......................................
Hearing with Commerce Secretary Ross, 1 1
March 22.................................
Hearing on the Effects of Tariff Increases 1 7
on the U.S. Economy and Jobs, April 12...
Hearing on Jobs and Opportunity: Federal 1 1
Perspectives on the Jobs Gap, April 17...
Hearing Series on Tax Reform: Growing Our 1 4
Economy and Creating Jobs, May 16........
Total for 2018........................ 7 16
Total for 115th Congress............ 12 29
------------------------------------------------------------------------
The six Subcommittees of the Committee on Ways and Means
were also very active in conducting public hearings during the
115th Congress. The following table specifies in detail the
number of days and witnesses for each of the Subcommittees.
TABLE 2--PUBLIC HEARINGS CONDUCTED BY THE SUBCOMMITTEES OF THE COMMITTEE
ON WAYS AND MEANS
[January 3, 2017-January 3, 2019]
------------------------------------------------------------------------
Number of--
Subject and Date -------------------------
Days Witnesses
------------------------------------------------------------------------
SUBCOMMMITTEE ON HUMAN RESOURCES
2017:
Hearing on the Geography of Poverty, 1 4
February 15..............................
Hearing on the Reauthorization of the 1 4
Maternal, Infant, and Early Childhood
Home Visiting (MIECHV) Program, March 15.
Hearing on Opportunities for Youth and 1 4
Young Adults to Break the Cycle of
Poverty, May 17..........................
Hearing on Missing from the Labor Force: 1 4
Examining Declining Employment among
Working-Age Men, September 6.............
Total for 2017........................ 4 16
2018:
Hearing on Jobs and Opportunity: Local 1 9
Perspectives on the Jobs Gap, April 12...
Hearing on Jobs and Opportunity: Employer 1 6
Perspectives on the Jobs Gap, April 25...
Hearing on Jobs and Opportunity: 1 3
Legislative Options to Address the Jobs
Gap, May 9...............................
Hearing on the Opioid Crisis: 1 1
Implementation of the Family First
Prevention Services Act (FFPSA), July 24.
Total for 2018........................ 4 19
Total for 115th Congress............ 8 35
SUBCOMMMITTEE ON OVERSIGHT
2017:
Hearing on Examining the Effectiveness of 1 3
the Individual Mandate under the
Affordable Care Act, January 24..........
Joint Hearing on Social Security's 1 5
Representative Payee Program, March 22...
Hearing on the 2017 Tax Filing Season, 1 3
April 26.................................
Hearing with the National Taxpayer 1 1
Advocate, May 19.........................
Hearing on Efforts to Combat Waste, Fraud, 1 2
and Abuse in the Medicare Program, July
19.......................................
Hearing on the Internal Revenue Service's 1 3
Record Retention Policies, July 25.......
Hearing on Reforming How the IRS Resolves 1 4
Taxpayer Disputes, September 13..........
Hearing on the Internal Revenue Service's 1 4
Information Technology Modernization
Efforts, October 4.......................
Hearing on the Taxpayer Experience with 1 4
the Internal Revenue Service, December 13
Total for 2017........................ 9 29
2018:
Hearing on ``The Opioid Crisis: The 1 3
Current Landscape and CMS Actions to
Prevent Opioid Misuse'', January 17......
Hearing on Legislation to Improve Tax 1 7
Administration, January 30...............
Hearing on Internal Revenue Service and 1 2
U.S. Department of Justice Efforts to
Return Taxpayers' Seized Funds, June 20..
Hearing on Combating Fraud in Medicare: A 1 3
Strategy for Success, July 17............
Hearing on the Internal Revenue Service's 1 4
Taxpayer Online Authentication Efforts,
September 26.............................
Total for 2018........................ 5 19
Total for 115th Congress............ 14 48
SUBCOMMITTEE ON SOCIAL SECURITY
2017:
Joint Hearing on Social Security's 1 4
Representative Payee Program, February 7.
Hearing on Stopping Disability Fraud: 1 2
Risk, Prevention, and Detection, April 26
Hearing on Protecting Americans' 1 5
Identities: Examining Efforts to Limit
the Use of Social Security Numbers (Joint
with OGR), May 23........................
Joint Hearing on the Complexities and 1 3
Challenges of Social Security Coverage
and Payroll Tax Compliance for State and
Local Governments, June 29...............
Hearing on Social Security's Solvency 1 1
Challenge: Status of the Social Security
Trust Funds, July 14.....................
Hearing on Determining Eligibility for 1 5
Disability Benefits: Challenges Facing
the Social Security Administration,
September 6..............................
Total for 2017........................ 6 20
2018:
Hearing on Ensuring Social Security Serves 1 1
America's Veterans, February 7...........
Lacking a Leader: Challenges Facing the 1 4
SSA after over 5 Years of Acting
Commissioners, March 7...................
Hearing on Securing Americans' Identities: 1 7
The Future of the Social Security Number,
May 17...................................
Hearing on Examining Social Security's 1 1
Solvency Challenge: The Status of Social
Security's Trust Funds, June 7...........
Hearing on Examining Changes to Social 1 6
Security's Disability Appeals Process,
July 25..................................
Hearing on the State of Social Security's 1 3
Information Technology, September 27.....
Total for 2018........................ 6 22
Total for 115th Congress............ 12 42
SUBCOMMMITTEE ON TAX POLICY
2017:
Hearing on How Tax Reform Will Help 1 4
America's Small Businesses Grow and
Create New Jobs, July 13.................
Hearing on How Tax Reform Will Simplify 1 4
Our Broken Tax Code and Help Individuals
and Families, July 19....................
Total for 2017........................ 2 8
2018:
Hearing on Post Tax Reform Evaluation of 1 21
Recently Expired Tax Provisions, March 14
Hearing on Tax Reform and Small 1 5
Businesses: Growing Our Economy and
Creating Jobs, May 23....................
Total for 2018........................ 2 26
Total for 115th Congress............ 4 34
SUBCOMMMITTEE ON TRADE
2017:
Hearing on Modernization of the North 1 9
American Free Trade Agreement (NAFTA),
July 18..................................
Hearing on Opportunities to Expand U.S. 1 5
Trade Relationships in the Asia-Pacific
Region, October 11.......................
Hearing on the Miscellaneous Tariff Bill: 1 3
Providing Tariff Relief to U.S.
Manufacturers Through the New MTB
Process, October 25......................
Total for 2017........................ 3 17
2018:
Hearing on the Opioid Crisis: Stopping the 1 2
Flow of Synthetic Opioids in the
International Mail System, April 25......
Hearing on the Effects of Tariffs on U.S. 1 6
Agriculture and Rural Communities, July
18.......................................
Hearing on Product Exclusion Process for 1 5
Section 232 Tariffs on Steel and
Aluminum, July 24........................
Total for 2018........................ 3 13
Total for 115th Congress............ 6 30
------------------------------------------------------------------------
IV. MARKUPS
TABLE 3--PUBLIC MARKUPS CONDUCTED BY THE FULL COMMITTEE ON WAYS AND
MEANS
------------------------------------------------------------------------
Number of--
Subject and Date -------------------------
Days Bills
------------------------------------------------------------------------
2017:
Ways and Means Announces Organizational 1 - - -
Meeting, January 12......................
--Consideration of Committee Rules for
115th Congress.......................
Ways and Means to Hold Meeting, February 1 - - -
14.......................................
--Ways and Means Committee
Authorization and Oversight Plan for
115th Congress.......................
--Ways and Means Committee Views and
Estimates on the Fiscal Year 2018
Federal Budget.......................
--Ratification of Ways and Means
Committee Subcommittee assignments...
--Ratification of Appointments to the
Joint Committee on Taxation..........
Budget Reconciliation Recommendations to 1 - - -
Repeal and Replace Obamacare, March 8....
--Budget Reconciliation Legislative
Recommendations Relating to
Remuneration from Certain Insurers...
--Budget Reconciliation Legislative
Recommendations Relating to Repeal of
Tanning Tax..........................
--Budget Reconciliation Legislative
Recommendations Relating to Repeal of
Certain Consumer Taxes...............
--Budget Reconciliation Legislative
Recommendations Relating to Repeal of
Net Investment Income Tax............
--Budget Reconciliation Legislative
Recommendations Relating to Repeal
and Replace of Health-Related Tax
Policy...............................
Markup of H. Res. 186, ``Of inquiry 1 1
directing the Secretary of the Treasury
to provide to the House of
Representatives the tax returns and other
specified financial information of
President Donald J. Trump.'', March 28...
--H. Res. 186, ``Of inquiry directing
the Secretary of the Treasury to
provide to the House of
Representatives the tax returns and
other specified financial information
of President Donald J. Trump.''......
Markup of Legislation to Further Expand 1 3
Health Care Options for Americans, May 24
--H.R. 2372, ``Veterans Equal
Treatment Ensures Relief and Access
Now Act''............................
--H.R. 2579, ``Broader Options for
Americans Act''......................
--H.R. 2581, ``Verify First Act''.....
Markup of Bipartisan Bills to Strengthen 1 6
Families, June 14........................
--H.R. 2742, ``Modernizing the
Interstate Placement of Children in
Foster Care Act''....................
--H.R. 2857, ``Supporting Families in
Substance Abuse Treatment Act''......
--H.R. 2834, ``Partnership Grants to
Strengthen Families Affected by
Parental Substance Abuse Act''.......
--H.R. 2866, ``Reducing Barriers for
Relative Foster Parents Act''........
--H.R. 2847, ``Improving Services for
Older Youth in Foster Care Act''.....
--H.R. 2842, ``Accelerating
Individuals into the Workforce Act''.
Markup of Legislation to Modify the 1 1
Nuclear Production Tax Credit, June 15...
--H.R. 1551, ``To amend the Internal
Revenue Code of 1986 to modify the
credit for production from advanced
nuclear power facilities''...........
Markup of Bills to Strengthen Medicare 1 3
Programs and Protect Taxpayers, July 13..
--H.R. 3178, ``Medicare Part B
Improvement Act of 2017''............
--H.R. 3168, ``SNP Reauthorization Act
of 2017''............................
--H.R. 1843, ``Restraining Excessive
Seizure of Property through the
Exploitation of Civil Forfeiture
Tools Act''..........................
Markup of H. Res. 479, ``Of Inquiry 1 1
directing the Secretary of the Treasury
to provide to the House of
Representatives the tax return
information of President Donald J. Trump
as well as the tax returns of each
business entity disclosed by Donald J.
Trump on his Office of Government Ethics
Form 278e'', September 7.................
--H. Res. 479, ``Of inquiry directing
the Secretary of the Treasury to
provide to the House of
Representatives the tax return
information of President Donald J.
Trump as well as the tax returns of
each business entity disclosed by
Donald J. Trump on his Office of
Government Ethics Form 278e.''.......
Markup of Legislation to Improve Medicare 1 5
Programs and Policies, Expand Evidence-
Based Welfare Solutions, September 13....
--H.R. 3726, ``Stark Administrative
Simplification Act of 2017''.........
--H.R. 3727, ``ITAM Act''.............
--H.R. 3729, ``Comprehensive
Operations, Sustainability, and
Transport Act of 2017''..............
--H.R. 2824, ``Increasing Opportunity
through Evidence-Based Home Visiting
Act''................................
--H.R. 2792, ``Control Unlawful
Fugitive Felons Act of 2017''........
Markup of Bill to Improve Senior's access 1 1
to Medicare: H.R. 849, ``Protecting
Seniors' Access to Medicare Act of
2017'', October 4........................
--H.R. 849, ``Protecting Seniors'
Access to Medicare Act of 2017''.....
Markup of Tax Cuts and Jobs Act, November 4 1
6........................................
--H.R. 1, Tax Cuts and Jobs Act.......
Total for 2017.................... 15 22
2018:
Ways and Means to Hold Meeting, February 1 - - -
27.......................................
--Views and Estimates on the Fiscal
Year 2019 Federal Budget.............
Markup of Bills to Better Serve and 1 12
Protect Taxpayers, April 11..............
--H.R. 5444, ``To amend the Internal
Revenue Code of 1986 to modernize and
improve the Internal Revenue Service,
and for other purposes.''............
--H.R. 5445, ``To amend the Internal
Revenue Code of 1986 to improve
cybersecurity and taxpayer identity
protection, and modernize the
information technology of the
Internal Revenue Service, and for
other purposes.''....................
--H.R. 2901, ``Volunteer Income Tax
Assistance Permanence Act of 2017''..
--H.R. 5440, ``To require notice from
the Secretary of the Treasury in the
case of any closure of a Taxpayer
Assistance Center.''.................
--H.R. 5438, ``To amend the Internal
Revenue Code of 1986 to allow
officers and employees of the
Department of the Treasury to provide
to taxpayers information regarding
low-income taxpayer clinics.''.......
--H.R. 5446, ``To amend the Internal
Revenue Code of 1986 to restrict the
immediate sale of seized property by
Secretary of the Treasury to
perishable goods.''..................
--H.R. 5437, ``To require the
Secretary of the Treasury to
establish a program for the issuance
of identity protection personal
identification numbers.''............
--H.R. 5439, ``To provide for a single
point of contact at the Internal
Revenue Service for the taxpayers who
are victims of tax-related identity
theft.''.............................
--H.R. 5443, ``To amend the Internal
Revenue Code of 1986 to require
electronic filing of the annual
returns of exempt organizations and
provide for making such returns
available for public inspection.''...
--H.R. 4403, ``Moving Americans
Privacy Protection Act''.............
--H.R. 1512, ``Social Security Child
Protection Act of 2017''.............
--H.R. 5192, ``Protecting Children
from Identity Theft Act''............
Markup of Bills to Combat the Opioid 1 7
Crisis, May 16...........................
--H.R. 5774,``Combating Opioid Abuse
for Care in Hospitals (COACH) Act of
2018''...............................
--H.R. 5775, ``Providing Reliable
Options for Patients and Educational
Resources (PROPER) Act of 2018''.....
--H.R. 5776, ``Medicare and Opioid
Safe Treatment (MOST) Act''..........
--H.R. 5773, ``Preventing Addiction
for Susceptible Seniors (PASS) Act of
2018''...............................
--H.R. 5676, ``Stop Excessive
Narcotics in our Retirement (SENIOR)
Communities Protection Act of 2018''.
--H.R. 5723, ``Expanding Oversight of
Opioid Prescribing and Payment Act of
2018''...............................
--H.R. 5788, ``STOP Act of 2018''.....
Markup of H.R. 5861, the Jobs and 2 1
Opportunity with Benefits and Services
(JOBS) for Success Act, May 23...........
--H.R. 5861, The ``Jobs and
Opportunity with Benefits and
Services (JOBS) for Success Act''....
Markup of Bills from the Subcommittees on 1 6
Tax Policy, Health, Social Security, and
Oversight, June 21.......................
--H.R. 6138, ``Ambulatory Surgical
Center Payment Transparency Act of
2018''...............................
--H.R. 4952, ``Improving Seniors'
Access to Quality Benefits Act''.....
--H.R. 3500, The ``Ensuring Integrity
in the IRS Workforce Act of 2017''...
--H.R. 519, The ``Water and
Agriculture Tax Reform Act of 2017''.
--H.R. 6124, The ``Tribal Social
Security Fairness Act of 2018''......
--H.R. 6084, The ``Improving Social
Security's Service to Victims of
Identity Theft Act''.................
Full Committee Markup, July 11............ 2 11
--H.R. 6301, ``Promoting High-Value
Health Care Through Flexibility for
High Deductible Health Plans Act of
2018''...............................
--H.R. 6317, ``Primary Care
Enhancement Act of 2018''............
--H.R. 6305, ``Bipartisan HSA
Improvement Act of 2018''............
--H.R. 6312, ``Personal Health
Investment Today (PHIT) Act''........
--H.R. 6309, ``Allowing Working
Seniors to Keep Their Health Savings
Accounts Act of 2018''...............
--H.R. 6199, ``Restoring Access to
Medication and Modernizing Health
Savings Accounts Act of 2018''.......
--H.R. 6306, ``Health Care Security
Act of 2018''........................
--H.R. 6313, ``Responsible Additions
and Increases to Sustain Employee
Health Benefits Act of 2018''........
--H.R. 4616, ``Employer Relief Act of
2018''...............................
--H.R. 6314, ``Health Savings Act of
2018''...............................
--H.R. 6311, ``Increasing Access to
Lower Premium Plans and Expanding
Health Savings Accounts Act of 2018''
Full Committee Markup of Bills from the 1 2
Subcommittees on Social Security and Tax
Policy, July 18..........................
--H.R. 3309, ``Social Security Online
Tools Innovation Act''...............
--H.R. 6377, ``Save Community
Newspaper Act of 2018''..............
Full Committee Markup, September 5........ 1 4
--H.R. 6662, ``Empowering Seniors'
Enrollment Decision Act of 2018''....
--H.R. 6690, ``Fighting Fraud to
Protect Care for Seniors Act of
2018''...............................
--H.R. 6561, ``Comprehensive Care for
Seniors Act of 2018''................
--H.R. 3635, ``Local Coverage
Determination Clarification Act of
2017''...............................
--H. Res. 1018, ``Requesting the
President to transmit to the House of
Representatives certain documents in
the possession of the President
relating to the determination to
impose certain tariffs and to the
strategy of the United States with
respect to China.''..................
Full Committee Markup for Tax Reform 2.0, 1 3
September 13.............................
--H.R. 6760, ``Protecting Family and
Small Business Tax Cuts Act of 2018''
--H.R. 6757, ``Family Savings Act of
2018''...............................
--H.R. 6756, ``American Innovation Act
of 2018''............................
Total for 2018............................ 11 46
Total for 115th Congress................ 26 68
------------------------------------------------------------------------
Appendix I. Jurisdiction of the Committee on Ways and Means
A. U.S. Constitution
Article I, Section 7, of the Constitution of the United
States provides as follows:
All Bills for raising Revenue shall originate in the
House of Representatives; but the Senate may propose or
concur with Amendments as on other Bills.
In addition, Article I, Section 8, of the Constitution of
the United States provides the following:
The Congress shall have Power To lay and collect
Taxes, Duties, Imposts and Excises, to pay the Debts
and . . . To borrow Money on the credit of the United
States.
B. Rule X, Clause 1, Rules of the House of Representatives
Rule X, clause 1(t), of the Rules of the House of
Representatives, in effect during the 110th Congress, provides
for the jurisdiction of the Committee on Ways and Means, as
follows:
(t) Committee on Ways and Means.
(1) Customs revenue, collection districts,
and ports of entry and delivery.
(2) Reciprocal trade agreements.
(3) Revenue measures generally.
(4) Revenue measures relating to insular
possessions.
(5) Bonded debt of the United States, subject
to the last sentence of clause 4(f). Clause
4(f) requires the Committee on Ways and Means
to include in its annual report to the
Committee on the Budget a specific
recommendation, made after holding public
hearings, as to the appropriate level of the
public debt that should be set forth in the
concurrent resolution on the budget.
(6) Deposit of public monies.
(7) Transportation of dutiable goods.
(8) Tax exempt foundations and charitable
trusts.
(9) National Social Security (except health
care and facilities programs that are supported
from general revenues as opposed to payroll
deductions and except work incentive programs).
C. Brief Description of Committee's Jurisdiction
The foregoing recitation of the provisions of House Rule X,
clause 1, paragraph (t), does not convey the comprehensive
nature of the jurisdiction of the Committee on Ways and Means.
The following summary provides a more complete description:
(1) Federal revenue measures generally--The Committee
on Ways and Means has the responsibility for raising
the revenue required to finance the Federal Government.
This includes individual and corporate income taxes,
excise taxes, estate taxes, gift taxes, and other
miscellaneous taxes.
(2) The bonded debt of the United States--The
Committee on Ways and Means has jurisdiction over the
authority of the Federal Government to borrow money.
Title 31 of Chapter 31 of the U.S. Code authorizes the
Secretary of the Treasury to conduct any necessary
public borrowing subject to a maximum limit on the
amount of borrowing outstanding at any one time. On
October 17, 2013, the President signed into law H.R.
2775, ``The Continuing Appropriations Act, 2014''
(Public Law 113-46) suspending the statutory limit on
the amount of public debt (``the debt ceiling'') until
February 7, 2014. All debt occurred during the time
period of October 17, 2013 and February 7, 2014, will
be added to the previous debt ceiling of $16.699
trillion. The Committee's jurisdiction also includes
conditions under which the U.S. Department of the
Treasury manages the Federal debt, such as restrictions
on the conditions under which certain debt instruments
are sold.
(3) National Social Security program--The Committee
on Ways and Means has jurisdiction over most of the
programs authorized by the Social Security Act, which
includes not only those programs that are normally
referred to colloquially as ``Social Security'' but
also social insurance programs and a whole series of
grant-in-aid programs to State governments for a
variety of purposes. The Social Security Act, as
amended, contains 21 titles (a few of which have either
expired or have been repealed). The principal programs
established by the Social Security Act and under the
jurisdiction of the Committee on Ways and Means in the
112th Congress can be outlined as follows:
(a) Old-age, survivors, and disability
insurance (Title II)--At present, there are
approximately 163 million workers in employment
covered by the program, and for calendar year
2012, $774.8 billion in benefits were paid
almost 57 million individuals.
(b) Medicare (Title XVIII)--Finances health
care benefits through the Hospital Insurance
trust fund for 41.8 million persons over the
age of 65 and for 8.5 million disabled persons.
Finances voluntary health care benefits through
the Supplementary Medical Insurance trust fund
for 38.7 million aged persons and 7.7 million
disabled persons. Total program outlays through
these trust funds were $574.2 billion in 2012.
(c) Supplemental Security Income (SSI) (Title
XVI)--The SI program was inaugurated in January
1974 under the provisions of P.L. 92-603, as
amended. It replaced the former Federal-State
programs for the needy aged, blind, and
disabled. In January 2011, 8.9 million
individuals received Federal SSI benefits on a
monthly basis. Of these 8.9 million persons,
approximately 2.1 million were eligible on the
basis of age, and 6.8 million on the basis of
blindness or disability. Federal expenditures
for cash SSI payments in 2012 totaled $48.8
billion, while State expenditures for federally
administered SSI supplements totaled $3.3
billion.
(d) Temporary Assistance for Needy Families
(TANF) (part A of Title IV)--The TANF program
is a block grant of about $16.5 billion awarded
to States to provide income assistance to poor
families, to end dependency on welfare benefits
to prevent non-marital births, and to encourage
marriage, among other purposes. In most cases,
Federal TANF benefits for individuals are
limited to 5 years and individuals must work to
maintain their eligibility. In June 2013, about
1.7 million families and 4.0 million
individuals received benefits from the TANF
program.
(e) Child support enforcement (Part D of
Title IV)--In fiscal year 2012 Federal
administrative expenditures totaled $5.6
billion for child support enforcement program.
Child support collections for the year totaled
$27.7 billion.
(f) Child welfare, foster care, and adoption
assistance (parts B and E of Title IV)--Titles
IV B and E provide funds to States for child
welfare services for abused and neglected
children; foster care for children who meet Aid
to Families with Dependent Children eligibility
criteria; and adoption assistance for children
with special needs. In fiscal year 2013,
Federal funding for child welfare services
totaled $688 million. Federal funding for
foster care and adoption assistance were
approximately $6.7 billion.
(g) Unemployment compensation programs
(Titles III, IX, and XII)--These titles
authorize the Federal-State unemployment
compensation program and the permanent extended
benefits program. In fiscal year 2012, an
estimated $68.0 billion was paid in
unemployment compensation, with approximately
8.3 million workers receiving their first
unemployment compensation payment.
(h) Social services (Title XX)--Title XX
authorizes the Federal Government to reimburse
the States for money spent to provide persons
with various services. Generally, the specific
services provided are determined by each State.
In fiscal year 2012, $1.7 billion was
appropriated. These funds are allocated on the
basis of population.
(4) Trade and tariff legislation--The Committee on
Ways and Means has responsibility over legislation
relating to tariffs, import trade, and trade
negotiations. In the early days of the Republic, tariff
and customs receipts were major sources of revenue for
the Federal Government. As the Committee with
jurisdiction over revenue-raising measures, the
Committee on Ways and Means thus evolved as the primary
Committee responsible for international trade policy.
The Constitution vests the power to levy tariffs and to
regulate international commerce specifically in the Congress as
one of its enumerated powers. Statutes including the Reciprocal
Trade Agreements Acts beginning in 1934, Trade Expansion Act of
1962, Trade Act of 1974, Trade Agreements Act of 1979, Trade
and Tariff Act of 1984, Omnibus Trade and Competitiveness Act
of 1988, North American Free Trade Agreement (NAFTA)
Implementation Act, Uruguay Round Agreements Act, Trade Act of
2002, and other legislation implementing U.S. obligations under
trade agreements implementing bills provide the basis for U.S.
bargaining with other countries and the means to achieve the
mutual reduction of tariff and nontariff trade barriers under
reciprocal trade agreements.
The Committee's jurisdiction includes the following
authorities and programs:
(a) The tariff schedules and all tariff preference
programs, such as the General System of Preferences,
the Caribbean Basin Initiative, the Africa Growth and
Opportunity Act, the Andean Trade Preferences Act, and
the Haitian Hemispheric Opportunity through Growth Act;
(b) Laws dealing with unfair trade practices,
including the antidumping law, countervailing duty law,
section 301, and section 337;
(c) Other laws dealing with import trade, including
section 201 (escape clause), section 232 national
security controls, section 22 agricultural
restrictions, international commodity agreements,
textile restrictions under section 204, and any other
restrictions or sanctions affecting imports;
(d) General and specific trade negotiating authority,
as well as implementing authority for trade agreements
and the grant of normal-trade-relations (NTR) status;
(e) Trade Adjustment Assistance programs for workers,
firms, farmers, and communities;
(f) Customs administration and enforcement, including
rules of origin and country-of origin marking, customs
classification, customs valuation, customs user fees,
and U.S. participation in the World Customs
Organization (WCO);
(g) Trade and customs revenue functions of the
Department of Homeland Security and the Department of
the Treasury; and
(h) Authorization of the budget for the International
Trade Commission (ITC), functions of the Department of
Homeland Security under the Committee's jurisdiction
(including the Bureaus of Customs and Border Protection
(CBP) and Immigration and Customs Enforcement (ICE),
and the Office of the U.S. Trade Representative (USTR).
D. Revenue Originating Prerogative of the House of Representatives
The Constitutional Convention debated adopting the British
model in which the House of Lords could not amend revenue
legislation sent to it from the House of Commons. Eventually,
however, the Convention proposed and the States later ratified
the Constitution providing that ``All bills for raising revenue
shall originate in the House of Representatives, but the Senate
may propose or concur with amendments as on other bills.''
(Article 1, Section 7, clause 1.)
In order to pass constitutional scrutiny under this
``origination clause,'' a tax bill must be passed first by the
House of Representatives. After the House has completed action
on a bill and approved it by a majority vote, the bill is
transmitted to the Senate for formal action. The Senate may
have already reviewed issues raised by the bill before its
transmission. For example, the Senate Committee on Finance
frequently holds hearings on tax legislative proposals before
the legislation embodying those proposals is transmitted from
the House of Representatives. On occasion, the Senate will
consider a revenue bill in the form of a Senate or ``S.'' bill,
and then await passage of a revenue ``H.R.'' bill from the
House. The Senate then will add or substitute provisions of the
``S.'' bill as an amendment to the ``H.R.'' bill and send the
``H.R.'' bill back to the House of Representatives for its
concurrence or for conference on the differing provisions.
E. The House's Exercise of its Constitutional Prerogative: ``Blue
Slipping''
When a Senate bill or amendment to a House bill infringes
on the constitutional prerogative of the House to originate
revenue measures, that infringement may be raised in the House
as a matter of privilege. That privilege has also been asserted
on a Senate amendment to a House amendment to a Senate bill
(see 96th Congress, 1st Session, November 8, 1979,
Congressional Record p. H10425).
Note that the House in its sole discretion may determine
that legislation passed by the Senate infringes on its
prerogative to originate revenue legislation. In the absence of
such determination by the House, the Federal courts are
occasionally asked to rule a certain revenue measure to be
unconstitutional as not having originated in the House (see
U.S. v. Munoz-Flores, 495 U.S. 385 (1990).
Senate bills or amendments to non-revenue bills infringe on
the House's prerogative even if they do not raise or reduce
revenue. Such infringements are referred to as ``revenue
affecting.'' Thus, any import ban which could result in lost
customs tariffs must originate in the House (100th Congress,
1st Session, July 30, 1987 100th Congress, 2nd Session, June
16, 1988, Congressional Record p. H4356). Offending bills and
amendments are returned to the Senate through the passage in
the House of a House Resolution which states that the Senate
provision: ``in the opinion of the House, contravenes the first
clause of the seventh section of the first article of the
Constitution of the United States and is an infringement of the
privilege of the House and that such bill be respectfully
returned to the Senate with a message communicating this
resolution'' (e.g., 100th Congress, 1st Session, July 30, 1987,
Congressional Record p. H6808). This practice is referred to as
``blue slipping'' because the resolution returning the
offending bill to the Senate is printed on blue paper. In other
cases, the Committee of the Whole House has passed a similar or
identical House bill in lieu of a Senate bill or amendment
(e.g., 91st Congress, 2nd Congress, May 11, 1970, Congressional
Record pp. H14951-14960). The Committee on Ways and Means has
also reported bills to the House which were approved and sent
to the Senate in lieu of Senate bills (e.g., 93rd Congress, 1st
Session, November 6, 1973, Congressional Record pp. 36006-
36008). In other cases, the Senate has substituted a House bill
or delayed action on its own legislation to await a proper
revenue affecting bill or amendment from the House (see 95th
Congress, 2nd Session, September 22, 1978, Congressional Record
p. H30960; January 22, 1980, Congressional Record p. S107).
Any Member may offer a resolution seeking to invoke Article
I, Section 7. However, the determination that a bill violates
the Origination Clause has been traditionally made by Members
of the Committee on Ways and Means, and the resolution has been
offered by the Chairman or another Member of the Committee on
Ways and Means. Because Article I, Section 7 involves the
privileges of the House, a blue-slip resolution offered by the
Chairman or other Members of the Committee on Ways and Means
has been typically adopted by voice vote on the House Floor.
There have been instances where the House has agreed to not
deal directly with the issue by tabling a resolution.\1\ \2\
---------------------------------------------------------------------------
\1\In cases where the Chairman of the Committee on Ways and Means
did not believe that the bill in question violated the Origination
Clause or the objection had been dealt with in another manner,
resolutions offered by other Members of the House have been tabled.
[See adoption of motion by Representative Rostenkowski to table H. res.
571, 97-2, p. 22127.]
\2\This was an instance where the Chairman of the Committee on Ways
and Means raised a question of the privilege of the House pursuant to
Article I, Section 7, of the U.S. Constitution on H.R. 4516,
Legislative Branch Appropriations. The motion was laid on the table.
---------------------------------------------------------------------------
On July 24, 2018, through House Resolution 1019, Chairman
Brady raised a question of the privileges of the House as the
conference report accompanying H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of
the Department of Defense, for military personnel strengths for
such fiscal year, and for other purposes contravened the first
clause of the seventh section of the first article of the
Constitution of the United States and was an infringement of
the privileges of this House. House Resolution 1019 was agreed
to without objection, and H.R. 5515 was therefore recommitted
to the Committee on Conference. House Resolution 1019 marked
the first time the House adopted a resolution that assessed a
committee on conference had ``originated'' a revenue measure.
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 115th Congress, through December 14, 2018, a
total of 1,497 bills were referred to the Committee,
representing 167.9 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 115TH 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
115th Congress............................................... 8,856 1,497 16.9
----------------------------------------------------------------------------------------------------------------
B. Number and Final Status of Bills Reported From the Committee on Ways
and Means in the 115Th Congress
During the 115th Congress, the Committee reported to the
House a total of 115 bills favorably. There were 56 bills
containing provisions within the purview of the Committee that
were passed by the House; 53 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 115th 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 2018
----------------------------------------------------------------------------------------------------------------
B. Tables Showing Membership of the Committee
MEMBERS OF THE COMMITTEE ON WAYS AND MEANS FROM THE 1ST THROUGH THE
115TH 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
Terri Sewell............................... 115-
Arizona:
J.D. Hayworth.............................. 105-109
David Schweikert........................... 115-
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
Judy Chu................................... iii115-
Colorado:
Robert W. Bonynge.......................... 60
Charles B. Timberlake...................... 66-72
John A. Carroll............................ 81
Donald G. Brotzman......................... 92-93
George H. ``Hank'' Brown................... 100-101
Scott McInnis.............................. 106-108
Bob Beauprez............................... 109
Connecticut:
Jeremiah Watson............................ 1
Uriah Tracy................................ 3
James Hillhouse............................ 4
Nathaniel Smith............................ 4-5
Joshua Coit................................ 5
Roger Griswold............................. 5-8
John Davenport............................. 8
Jonathon O. Moseley........................ 9, 14, 16
Benjamin Tallmadge......................... 10-11
Timothy Pitkin............................. 12-13, 15
Ralph I. Ingersoll......................... 21-22
Samuel D. Hubbard.......................... 30
James Phelps............................... 45-46
Charles A. Russel.......................... 54-57
Ebenezer J. Hill........................... 58-62, 64-65
John Q. Tilson............................. 66-68
Antoni N. Sadlak........................... 83-85
William R. Cotter.......................... 94-97
Barbara B. Kennelly........................ 98-105
Nancy L. Johnson........................... 101-109
John B. Larson............................. 109-
Delaware:
John Vining................................ 1
Henry Latimer.............................. 3
John Patten................................ 4
James A. Bayard, Sr........................ 5, 7
Caesar A. Rodney........................... 8
Louis McLane............................... 16-19
Florida:
A. S. Herlong, Jr.......................... 84-90
Sam M. Gibbons............................. 91-104
L. A. ``Skip'' Bafalis..................... 94-97
E. Clay Shaw, Jr........................... 100-109
Karen L. Thurman........................... 105-107
Mark Foley................................. iv104-109
Kendrick Meek.............................. 110-111
Ginny Brown-Waite.......................... 111
Vern Buchanan.............................. 112-
Carlos Curbelo............................. 115
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.................................. v112-115
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
Darin LaHood............................... vi115-
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
Jackie Walorski............................ 115-
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............................... 112-115
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................................ vii110-112
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, viii105-109
Jim McCrery................................ 103-110
Jimmy Hayes................................ ix104
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-
Dave Camp.................................. 103-113
Mike Bishop................................ x115
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............................... 111-115
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................................ xi111-112
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, xii104-110
Amo Houghton............................... 103-108
Thomas M. Reynolds......................... 109-110
Joseph Crowley............................. 110-115
Brian Higgins.............................. 111
Christopher Lee............................ xiii112-
Tom Reed................................... xiv112-
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................................ xv104-109
Stephanie Tubbs Jones...................... xvi108-110
Pat Tiberi................................. xvii110-115
Jim Renacci................................ 113-115
Brad Wenstrup.............................. xviii115-
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................................. xix114-115
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................................ 114-115
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................................ 112-115
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................................ 104-115
Greg Laughlin.............................. xx104
Lloyd Doggett.............................. 104-
Kevin Brady................................ 107-
Max Sandlin................................ 108
Kenny Marchant............................. xxi112-
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.............................. 110-115
Suzan DelBene.............................. 115
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-
------------------------------------------------------------------------
\i\Reelected to the 109th Congress, died January 1, 2005.
\ii\Appointed May 5, 2005.
\iii\Appointed February 7, 2017.
\iv\Resigned September 29, 2006.
\v\Resigned February 10, 2017.
\vi\Appointed January 9, 2018.
\vii\Resigned July 31, 2012.
\viii\Appointed January 25, 1996.
\ix\Appointed January 25, 1996.
\x\Appointed February 14, 2017.
\xi\Appointed to Senate April 27, 2011.
\xii\Died, August 20, 2008.
\xiii\Resigned February 9, 2011.
\xiv\Appointed June 13, 2011.
\xv\Resigned April 29, 2005.
\xvi\Died August 21, 2008.
\xvii\Resigned January 15, 2018.
\xviii\Appointed May 16, 2018.
\xix\Resigned April 27, 2018.
\xx\Appointed July 10, 1995.
\xxi\Appointed March 15, 2011.
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