[House Report 116-721]
[From the U.S. Government Publishing Office]
Union Calendar No. 605
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-721
_______________________________________________________________________
REPORT ON THE LEGISLATIVE AND
OVERSIGHT ACTIVITIES
of the
COMMITTEE ON WAYS AND MEANS
during the
116TH CONGRESS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
January 2, 2021.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
42-841 WASHINGTON : 2021
COMMITTEE ON WAYS AND MEANS
FULL COMMITTEE MEMBERS
116th Congress
RICHARD E. NEAL, Massachusetts, Chairman
John Lewis, Georgia** Kevin Brady, Texas, Ranking Member
Lloyd Doggett, Texas Devin Nunes, California
Mike Thompson, California Vern Buchanan, Florida
John B. Larson, Connecticut Adrian Smith, Nebraska
Earl Blumenauer, Oregon Kenny Marchant, Texas
Ron Kind, Wisconsin Tom Reed, New York
Bill Pascrell, Jr., New Jersey Mike Kelly, Pennsylvania
Danny K. Davis, Illinois George Holding, North Carolina
Linda T. Sanchez, California Jason Smith, Missouri
Brian Higgins, New York Tom Rice, South Carolina
Terri A. Sewell, Alabama David Schweikert, Arizona
Suzan DelBene, Washington Jackie Walorski, Indiana
Judy Chu, California Darin LaHood, Illinois
Gwen Moore, Wisconsin Brad R. Wenstrup, Ohio
Dan Kildee, Michigan Jodey Arrington, Texas
Brendan Boyle, Pennsylvania Drew Ferguson, Georgia
Don Beyer, Virginia Ron Estes, Kansas
Dwight Evans, Pennsylvania
Brad Schneider, Illinois
Tom Suozzi, New York
Jimmy Panetta, California
Stephanie Murphy, Florida
Jimmy Gomez, California
Steven Horsford, Nevada
Cedric Richmond, Louisiana*
----------
*The Honorable Cedric Richmond joined the Committee on September 22,
2020.
**The Honorable John Lewis passed away on July 17, 2020.
LETTER OF TRANSMITTAL
----------
House of Representatives,
Committee on Ways and Means,
Washington, DC, January 2, 2021.
Hon. Cheryl L. Johnson,
Clerk of the House of Representatives,
Washington, DC.
Dear Ms. Johnson: 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 116th Congress.
Sincerely,
Richard E. Neal,
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.................. 9
C. Legislative Review of Health Issues................. 15
D. Legislative Review of Worker and Family Support
Issues............................................. 27
E. Legislative Review of Social Security Issues........ 33
F. Legislative Review of Oversight Issues.............. 34
G. Legislative Review of Multi-jurisdictional issues... 37
II. Oversight Activity Review........................................38
A. Oversight Agenda.................................... 38
B. Actions Taken and Recommendations Made with Respect
To
1. Oversight......................................... 45
2. Trade............................................. 58
3. Select Revenue Measures........................... 78
4. Worker and Family Support......................... 81
5. Health............................................ 82
6. Social Security................................... 84
C. Public Hearings..................................... 85
D. Markups............................................. 88
Appendix I. Jurisdiction of the Committee on Ways and Means...... 89
Appendix II. Statistical Review of the Activities of the
Committee on Ways and Means.................................... 95
Appendix III. Chairmen & Membership of the Committee on Ways and
Means from the 1st through the 116th Congresses................ 96
FOREWORD
The Committee on Ways and Means submits its report on its
legislative and oversight activities for the 116th 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 Worker and Family Support 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, as filed with the House Clerk on March 1,
2019, 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.
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
116th Congress.
To carry out its work during the One Hundred Sixteenth
Congress, the Committee on Ways and Means had six standing
Subcommittees, listed below with membership:
Subcommittee on Select Revenue Meaures
Mike Thompson, California,
Chairman
Adrian Smith, Nebraska, Ranking Memberloyd Doggett, Texas
Tom Rice, South Carolina John B. Larson, Connecticut
David Schweikert, Arizona Linda T. Sanchez, California
Darin LaHood, Illinois Suzan DelBene, Washington
Jodey Arrington, Texas Gwen Moore, Wisconsin
Drew Ferguson, Georgia Brendan Boyle, Pennsylvania
Don Beyer, Virginia
Tom Suozzi, New York
Subcommittee on Trade
Earl Blumenauer, Oregon, Chairman
Vern Buchanan, Florida, Ranking Memberill Pascrell, Jr.***
Devin Nunes, California Ron Kind, Wisconsin
George Holding, North Carolina Danny K. Davis, Illinois
Tom Rice, South Carolina Brian Higgins, New York
Kenny Marchant, Texas Dan Kildee, Michigan
Jason Smith, Missouri Jimmy Panetta, California
David Schweikert, Arizona Stephanie Murphy, Florida
Terri A. Sewell, Alabama
Suzan DelBene, Washington
Don Beyer, Virginia
Cedric Richmond, Louisiana*
Subcommittee on Health
Lloyd Doggett, Texas, Chairman
Devin Nunes, California, Ranking Memberke Thompson, California
Vern Buchanan, Florida Ron Kind, Wisconsin
Adrian Smith, Nebraska Earl Blumenauer, Oregon
Kenny Marchant, Texas Brian Higgins, New York
Tom Reed, New York Terri A. Sewell, Alabama
Mike Kelly, Pennsylvania Judy Chu, California
George Holding, North Carolina Dwight Evans, Pennsylvania
Brad Schneider, Illinois
Jimmy Gomez, California
Steven Horsford, Nevada
Subcommittee on Worker and Family Support
Danny K. Davis, Illinois, Chairman
Jackie Walorski, Indiana, Ranking Memberri A. Sewell, Alabama
Brad Wenstrup, Ohio Judy Chu, California
Ron Estes, Kansas Gwen Moore, Wisconsin
Tom Reed, New York Dwight Evans, Pennsylvania
Stephanie Murphy, Florida
Jimmy Gomez, California
Subcommittee on Social Security
John B. Larson, Connecticut,
Chairman
Tom Reed, New York, Ranking Member Bill Pascrell, Jr., New Jersey
Jodey Arrington, Texas Linda T. Sanchez, California
Drew Ferguson, Georgia Dan Kildee, Michigan
Ron Estes, Kansas Brendan Boyle, Pennsylvania
Brad Schneider, Illinois
Brian Higgins, New York
Subcommittee on Oversight
John Lewis, Georgia, Chairman**
Bill Pascrell, Jr., Chairman***
Mike Kelly, Pennsylvania, Ranking Memberan DelBene, Washington
Jackie Walorski, Indiana Linda T. Sanchez, California
Darin LaHood, Illinois Tom Suozzi, New York
Brad Wenstrup, Ohio Judy Chu, California
Gwen Moore, Wisconsin
Brendan Boyle, Pennsylvania
----------
*The Honorable Cedric Richmond joined the Committee on September 22,
2020
**The Honorable John Lewis passed away on July 17, 2020
***The Honorable Bill Pascrell, Jr. was appointed Chairman of the
Oversight Subcommittee and no longer sat on the Trade Subcommittee as
of September 22, 2020
Union Calendar No. 605
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-721
======================================================================
REPORT ON THE LEGISLATIVE AND OVERSIGHT ACTIVITIES OF THE COMMITTEE ON
WAYS AND MEANS DURING THE ONE HUNDRED SIXTEENTH CONGRESS
_______
January 2, 2021.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Neal, 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 116TH CONGRESS
a) Consolidated Appropriations Act, 2021 (P.L. 116-xx)
On January 3, 2019, Representatives Henry Cuellar and
Vicente Gonzalez introduced H.R. 133, the United States-Mexico
Economic Partnership Act. On January 10, 2019, the House agreed
to suspend the rules and pass H.R. 133 by voice vote. On
January 15, 2020, H.R. 133 passed the Senate, as amended by the
Senate Foreign Relations Committee, by unanimous consent. On
December 21, 2020 the House moved without objection to concur
in the Senate amendment with an amendment striking and
replacing the language with the Consolidated Appropriations Act
of 2021. Amendments to include the Consolidated Appropriations
Act were agreed to by a recorded vote of 327-85 (Roll no. 250)
and 359-53 (Roll no. 251). On December 21, the Senate agreed to
the House amendment to the Senate amendment by Yea-Nay Vote of
92-6 (Record Vote Number: 289). On December 27, 2020, H.R. 133
was signed by the President and became Public Law No. 116-xx
(public law number unavailable at time of report filing).
P.L. 116-xx includes tax provisions related to the
deductibility of expenses paid by certain forgiven loans made
under coronavirus relief legislation, tax extenders, retirement
savings, disaster tax relief, and providing individual
taxpayers below a certain income level and their dependent
children a one-time refundable tax credit and other tax
benefits to compensate for financial losses due to COVID-19.
b) Target Practice and Marksmanship Training Support Act (P.L. 116-17)
On February 14, 2019, Representative Ron Kind and two
cosponsors introduced H.R. 1222, the Target Practice and
Marksmanship Training Support Act. On April 29, 2019 House Ways
and Means Committee Chairman Richard Neal and Natural Resources
Committee Chairman Raul Grijalva exchanged letters in which
Chairman Neal asserted jurisdiction under Rule X but agreed not
to request a sequential referral. On April 29, 2019, the House
agreed to suspend the rules and pass H.R. 1222 by voice vote.
On April 30, 2019, the Senate passed H.R. 1222 by unanimous
consent. On May 10, 2019, H.R. 1222 was signed by the President
and became Public Law No. 116-17.
P.L. 116-17 contains provisions related to the Committee's
jurisdiction over excise taxes imposed by the National Firearms
Act.
c) Further Consolidated Appropriations Act, 2020 (P.L. 116-94)
On March 25, 2019, Representative Bill Pascrell and 103
cosponsors introduced H.R. 1865, to require the Secretary of
the Treasury to mint a coin in commemoration of the opening of
the National Law Enforcement Museum in the District of
Columbia, and for other purposes. On October 28, 2019, the
House agreed to suspend the rules and pass H.R. 1865 as amended
by voice vote. On November 12, 2020, H.R. 1865 passed the
Senate by unanimous consent. On December 17, 2019, the House
passed a motion to concur in the Senate amendment with an
amendment consisting of the text of the Further Consolidated
Appropriations Act of 2020 by the Yeas and Nays: 297-120 (Roll
No. 689). On December 19, 2019, the Senate agreed to the House
amendment to the Senate amendment by Yea-Nay Vote 71-23 (Record
Vote Number: 415). On December 20, 2019, H.R. 1865 was signed
by the President and became Public Law No. 116-94.
P.L. 116-94 includes tax related provisions, tax extenders,
retirement savings, disaster tax relief, and the tax treatment
of survivor benefits paid to military families.
d) Virginia Beach Strong Act (P.L. 116-98)
On September 27, 2019, Representative Elaine Luria and
eight cosponsors introduced H.R. 4566, the Virginia Beach
Strong Act. On December 9, 2019, the House agreed to suspend
the rules and pass H.R. 4566 by voice vote. On December 10,
2019, H.R. 4566 passed the Senate without amendment by voice
vote. On December 20, H.R. 4566 was signed by the President and
became Public Law No. 116-98.
P.L. 117-98 contains tax provisions confirming that cash
contributions made on or after May 31, 2019, for the exclusive
benefit of the families of the dead or wounded victims of the
mass shooting in Virginia Beach, Virginia on May 31, 2019,
shall be treated as tax deductible contributions.
e) Families First Coronavirus Response Act (P.L. 116-127)
On March 11, 2020, Representative Nita Lowey and six
cosponsors introduced H.R. 6201, the Families First Coronavirus
Response Act. On March 14, 2020, the House agreed to suspend
the rules and pass H.R. 6201 as amended by a recorded vote of
363-40 (Roll no. 102). On March 18, 2020, H.R. 6201 passed the
Senate without amendment by Yea-Nay Vote 90-8 (Recorded Vote
Number: 76). On March 18, 2020, H.R. 6201 was signed by the
President and became Public Law No: 116-127.
P.L. 116-127 includes tax related provisions providing for
employer provided paid family and medical leave related to the
coronavirus.
f) Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-136)
On January 24, 2019, Representative Joe Courtney and seven
cosponsors introduced H.R. 748, the Middle Class Health
Benefits Tax Repeal Act. On July 17, 2019, the House agreed to
suspend the rules and pass H.R. 748 as amended by a recorded
vote of 419-6 (Roll no. 493). On March 25, 2020, H.R. 748
passed the Senate with an amendment striking and replacing the
language with the Coronavirus Aid, Relief, and Economic
Security Act by Yea-Nay Vote 96-0 (Record Vote Number: 80). On
March 27, 2020, the House passed a motion to concur in the
Senate amendment by voice vote. On March 27, 2020, H.R. 748 was
signed by the President and became Public Law No: 116-136.
P.L. 116-136 includes tax related provisions allowing
individual taxpayers below a certain income level and their
dependent children a one-time refundable tax credit and other
tax benefits to compensate for financial losses due to COVID-19
and allowing certain employers tax credits and other tax
benefits to compensate them for losses due to COVID-19.
g) Paycheck Protection Program Flexibility Act of 2020 (P.L. 116-142)
On May 26, Representative Dean Phillips and 35 cosponsors
introduced H.R. 7010, the Paycheck Protection Program
Flexibility Act of 2020. On May 28, 2020, House Ways and Means
Committee Chairman Neal and House Small Business Committee
Chairwoman Nydia Velazquez exchanged letters in which Chairman
Neal asserted jurisdiction under Rule X but agreed to waive
formal consideration. On May 28, 2020, the House agreed to
suspend the rules and pass H.R. 7010 by a recorded vote of 410-
7 (Roll no. 114). On June 3, 2020, the Senate agreed to pass
H.R. 7010 without amendment by voice vote. On June 5, 2020,
H.R. 7010 was signed by the President and became Public Law No.
116-142.
P.L. 116-142 contains tax provisions related to the
election to defer employer share payroll taxes.
h) Continuing Appropriations Act, 2021 and Other Extensions Act (P.L.
116-159)
On September 22, 2020, Representative Nita Lowey introduced
H.R. 8337, the Continuing Appropriations Act, 2021 and Other
Extensions Act. On September 22, 2020, the House agreed to
suspend the rules and pass H.R. 8337 by a recorded vote of 359-
57, 1 present (Roll no. 198). On September 30, 2020, H.R. 8337
passed the Senate without amendment by Yea-Nay Vote 84-10
(Record Vote Number: 197). On October 1, 2020, H.R. 8337 was
signed by the President and became Public Law No. 116-159.
P.L 116-159 includes tax related provisions extending the
Highway Trust Fund and related taxes.
i) Bipartisan Budget Act of 2019 (P.L. 116-37)
On July 23, 2019, Representatives Yarmouth and Richard Neal
introduced the H.R. 3877, Bipartisan Budget Act of 2019. On
July 25, 2019, H.R. 3877 passed the House by a recorded vote of
284-140 (Roll no. 511). On August 1, 2019, H.R. 3877 passed the
Senate without amendment by Yea-Nay Vote 67-28 (Recorded Vote
Number 262). On August 1, 2019, H.R. 3877 was signed by the
President and became Public Law No. 116-37.
P.L. 116-37 includes provisions to temporarily suspend the
debt limit and to extend the authority to collect certain
customs user fees through FY2029.
2. OTHER PROPOSALS DURING THE 116TH CONGRESS
a) Rehabilitation for Multiemployer Pensions Act, H.R. 397
On January 9, 2019, Chairman Richard Neal and nine
cosponsors introduced H.R. 397, the Rehabilitation for
Multiemployer Pensions Act of 2019. On July 10, 2019, the
Committee on Ways and Means favorably reported the bill, as
amended by an amendment in the nature of a substitute (H. Rept.
116-159, 1). On July 19, 2019, the Committee on Education and
Labor favorably reported the bill, as amended by an amendment
in the nature of a substitute (H. Rept. 116-159, 2). On July
24, 2019, H.R. 397 passed the House by a recorded vote of 264-
169 (Roll no. 505).
The bill includes tax related provisions establishing the
Pension Rehabilitation Administration within the Department of
Treasury and a related trust fund to make loans to certain
multiemployer defined benefit pension plans.
b) Emergency Supplemental Appropriations for Disaster Relief and Puerto
Rico Disaster Tax Relief Act, 2020, H.R. 5687
On January 28, 2020, Representative Nita Lowey introduced
H.R. 5687, the Emergency Supplemental Appropriations for
Disaster Relief and Puerto Rico Disaster Tax Relief Act, 2020.
On February 7, 2020, H.R. 5687 passed the House by a recorded
vote of 237-161 (Roll no. 54).
The bill contains tax related provisions expanding tax
credits and modifying related requirements that affect the
residents of Puerto Rico and other U.S. territories.
c) The Heroes Act, H.R. 925
On January 30, 2019, Representatives Mike Thompson and
Robert J. Wittman introduced H.R. 925, the North American
Wetlands Conservation Extension Act. On November 13, 2019, the
Committee on Natural Resources favorably reported H.R. 925 (H.
Rept. 116-284). On November 20, 2019, the House agreed to
suspend the rules and pass H.R. 925 by voice vote. On January
9, 2020, the Senate passed H.R. 925 with an amendment by voice
vote. On October 1, 2020, the House concurred in the Senate
amendments with an amendment striking and replacing the
language with the Heroes Act by the Yeas and Nays: 214-207
(Roll no. 214).
The Heroes Act includes tax related provisions allowing
individual taxpayers below a certain income level and their
dependent children a one-time refundable tax credit and other
tax benefits to compensate for financial losses due to COVID-19
and allowing certain employers tax credits and other tax
benefits to compensate them for losses due to COVID-19.
d) Setting Every Community Up For Retirement Act, H.R. 1994
On March 29, 2019, Chairman Richard Neal, Ranking Member
Kevin Brady, and Representatives Ron Kind and Mike Kelly
introduced H.R. 1994, the Setting Every Community Up for
Retirement Act. On April 2, 2019, the Committee on Ways and
Means held a markup and favorably reported the bill, as amended
by an amendment in the nature of a substitute (H. Rept 116-65).
On May 23, 2019, H.R. 1994 passed the House by a recorded vote
417-3 (Roll no. 231). Provisions nearly identical to this
legislation were included in Further Consolidated
Appropriations Act, 2020 (P.L. 116-94).
The bill includes tax-related provisions related to the tax
treatment of contributions of certain retirement savings
accounts and rules regarding tax preferred retirement savings
plans.
e) Protecting American Lungs and Reversing the Youth Tobacco Epidemic
Act of 2020, H.R. 2339
On April 18, 2019, Representatives Frank Pallone and Donna
Shalala introduced H.R. 2339, the Protecting American Lungs and
Reversing the Youth Tobacco Epidemic Act of 2020. On February
21, 2020, the Energy and Commerce Committee favorably reported
the bill, as amended by an amendment in the nature of a
substitute. On February 28, H.R. 2339 passed the House by a
recorded vote of 213-195 (Roll no. 78).
The bill includes tax related provisions related to the tax
treatment of the manufacture of nicotine vaping products (see
H.R. 4742 below).
f) Coordinating Oversight, Upgrading and Innovating Technology, and
Examiner Reform Act of 2019, H.R. 2514
On May 3, 2019, Representative Emanuel Cleaver introduced
H.R. 2514, the Coordinating Oversight, Upgrading and Innovating
Technology, and Examiner Reform Act of 2019. On October 21,
2019, the House Financial Services Committee favorably reported
the bill, as amended by an amendment in the nature of a
substitute. On October 21, 2019, Chairman Neal and Chairwoman
Waters exchanged letters expressing the mutual understanding
that Chairman Neal would waive formal consideration of the
legislation with the understanding that the bill considered on
the floor would not include an amendment to section 162(f) of
the Internal Revenue Code of 1986. On October 28, 2019, the
House agreed to suspend the rules and pass H.R. 2514 as amended
by voice vote.
The bill as introduced contained tax provisions related the
deductibility of trade or business expenses.
f) Promoting Respect for Individuals' Dignity and Equality Act of 2019,
H.R. 3299
On June 18, 2019, Representatives Judy Chu and Andy Levin
introduced H.R. 3299, the Promoting Respect for Individuals'
Dignity and Equality (PRIDE) Act. On June 20, 2020, the
Committee on Ways and Means held a markup and favorably
reported the bill, as amended by an amendment in the nature of
a substitute (H. Rept 116-161). On July 24, 2020, H.R. 3299
passed the House by voice vote.
The bill includes tax-related provisions permitting same
sex married couples to amend their filing status to married
filing jointly for tax returns outside of the statute of
limitations and modifying tax rules relating to married couples
to include same sex couples.
g) Economic Mobility Act, H.R. 3300
On June 18, 2019, Chairman Richard Neal introduced H.R.
3300, the Economic Mobility Act. On June 20, 2020, the
Committee on Ways and Means held a markup and favorably
reported the bill, as amended by an amendment in the nature of
a substitute (H. Rept. 116-384).
The bill included tax related provisions modifying the
earned income tax credit, the child tax credit, and the child
and dependent care tax credit.
h) Taxpayer Certainty and Disaster Tax Relief Act of 2019, H.R. 3301
On June 18, 2019, Representative Mike Thompson introduced
H.R. 3301, the Taxpayer Certainty and Disaster Relief Act. On
June 20, 2020, the Committee on Ways and Means held a markup
and favorably reported the bill, as amended by an amendment in
the nature of a substitute (H. Rept 116-379). The bill includes
disaster-related tax relief provisions, provisions related to
tax extenders, and a provision repealing the unrelated business
income tax on transit benefits provided by exempt
organizations.
i) Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020, H.R.
3494
On June 26, 2019, Intelligence Committee Chairman Adam
Schiff introduced H.R. 3494, the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020. On July 11, 2019, the Intelligence
Committee favorably reported the bill, as amended by an
amendment in the nature of a substitute (H. Rept 116-151, Part
1). On July 11, 2019, in a letter to House Speaker Nancy
Pelosi, Chairman Richard Neal requested a sequential referral
on the bill as amended based on the Committee's rule X
jurisdiction over revenue measures. House Committee on Ways and
Means was granted a referral and discharged the bill on July
11, 2020. On June 17, 2019, H.R. 3494 passed the House by a
recorded vote of 397-31 (Roll no. 492).
This bill contains tax provisions related to the tax
treatment of enhanced injury benefits paid to an employee or
qualifying dependent by the Central Intelligence Agency.
j) Marijuana Opportunity Reinvestment and Expungement Act of 2019 or
the MORE Act of 2019,
H.R. 3884
On July 23, 2019, House Judiciary Committee Jerry Nadler
and 29 cosponsors introduced the Marijuana Opportunity
Reinvestment and Expungement Act of 2019 or the MORE Act of
2019. On November 27, 2020, the Judiciary Committee favorably
reported the bill, as amended by an amendment in the nature of
a substitute (H. Rept 116-604). On November 27, 2020, Chairman
Neal and Chairman Nadler exchanged letters in which Chairman
Neal asserted jurisdiction under Rule X but agreed to discharge
the bill. The House Ways and Means Committee discharged the
bill on November 27, 2020. On December 4, 2020, H.R. 3884
passed the House by a recorded vote of 228-164 (Roll no. 235).
The bill includes tax related provision related to the tax
treatment and regulation of the manufacture and sale of
cannabis and cannabis derivate products in addition to the
establishment of a trust fund to support various programs and
services for individuals and businesses in communities impacted
by the war on drugs.
k) Protecting American Lungs Act, H.R 4742
On October 18, 2019, Representatives Tom Suozzi and Peter
King introduced H.R. 4742, the Protecting American Lungs Act of
2019. On October 23, 2019, the Committee on Ways and Means
favorably reported the bill, as amended by an amendment in the
nature of a substitute (H. Rept 116-400). This legislation was
included in H.R. 2399, the Protecting American Lungs and
Reversing the Youth Tobacco Epidemic Act of 2020, as detailed
above.
The bill includes tax related provisions related to the tax
treatment of the manufacture of nicotine vaping products.
l) Restoring Tax Fairness for States and Localities Act, H.R. 5377
On December 10, 2019, Representative Tom Suozzi and 39
cosponsors introduced H.R. 5377, the Restoring Tax Fairness for
States and Localities Act. On December 11, 2019, the Committee
on Ways and Means favorably reported the bill, as amended by an
amendment in the nature of a substitute (H. Rept 116-345). On
December 19, 2019, the motion to recommit H.R. 5377 with
instructions was agreed to in the House by a recorded vote of
388-36 (Roll No. 699). On December 19, 2019, H.R. 5377 as
amended passed the House by a recorded vote of 218-206 (Roll
No. 700).
This bill includes tax related provisions related to the
federal tax treatment of state and local taxes paid by
individuals and individual marginal income tax rates.
m) The Heroes Act, H.R. 6800
On May 12, 2020, Representative Nita Lowey and 11
cosponsors introduced H.R. 6800, the Heroes Act. On May 15,
2020, the House passed H.R. 6800 by a recorded vote of 208-199
(Roll No. 109).
This bill includes tax related provisions allowing
individual taxpayers below a certain income level and their
dependent children a one-time refundable tax credit and other
tax benefits to compensate for financial losses due to COVID-19
and allowing certain employers tax credits and other tax
benefits to compensate them for losses due to COVID-19.
n) Investing in a New Vision for the Environment and Surface
Transportation Act, H.R. 2
On June 11, 2020, Representative Peter DeFazio and two
cosponsors introduced H.R. 2, the Investing in a New Vision for
the Environment and Surface Transportation in America Act. On
June 26, 2020, the Committee on Transportation and
Infrastructure favorably reported H.R. 2, as amended by an
amendment in the nature of a substitute (H. Rept. 116-437). On
July 1, 2020, H.R. 2 passed the House by a roll call vote of
233-118 (Roll no. 138).
This bill includes tax related provisions providing for
federal subsidies for interest payments made on certain state
and local government bond issuances and tax credits and other
incentives for green energy, energy efficiency, affordable
housing, and economic development.
o) Childcare for Economic Recovery Act, H.R. 7327
On June 25, 2020, Representative Nita M. Lowey and five
cosponsors introduced H.R. 7327, the Childcare for Economic
Recovery Act. On July 29, 2020, H.R. 7327 passed the House by a
recorded vote of 250-161 (Roll no. 172).
This bill includes tax related provisions that modified the
child and dependent care tax credit, dependent care flexible
spending accounts, and the treatment of dependent care benefits
provided by employers and provided tax relief to childcare
employees and employer providing dependent care assistance.
p) Caring for Americans with Supplemental Help Act of 2020, H.R. 9047
On December 28, 2020, Chairman Richard E. Neal introduced
H.R. 9051, the Caring for Americans with Supplemental Help Act
of 2020.
This bill includes tax related provisions that provide
supplemental cash assistance to taxpayers of up to $1,400
dollars per family member in wake of the coronavirus pandemic.
q) Caring for Americans with Supplemental Help Act of 2020, H.R. 9051
On December 28, 2020, Chairman Richard E. Neal introduced
H.R. 9051, the Caring for Americans with Supplemental Help Act
of 2020. On December 28, 2020, the House agreed to suspend the
rules and pass H.R. 9051 by a recorded vote of 275-134 (Roll
no. 252).
This bill includes tax related provisions that provide
supplemental cash assistance to taxpayers of up to $1,400
dollars per family member in wake of the coronavirus pandemic.
3. OTHER ACTIONS TAKEN
On May 4, 2020, House Ways and Means Committee Chairman
Richard E. Neal, Senate Finance Committee Chairman Chuck
Grassley, and Senate Finance Committee Ranking Member Ron Wyden
sent a letter to Treasury Secretary Steven Mnuchin regarding
IRS guidance issued on April 29, 2020, stating that employers
who continue to provide health benefits to employees do not
qualify for the employer retention tax credit unless they
continue to pay other qualifying wages. The letter stated that
this guidance ran counter to congressional intent and asked the
Secretary to reconsider the guidance issued by the IRS. On May
7, 2020, the Treasury sent a letter to Representative Neal and
Senators Grassley and Wyden stating that the Treasury had taken
these views into consideration and would revise the applicable
guidance. On May 7, 2020, the Treasury Department accounted its
intention to reverse the original guidance.
On May 5, 2020, House Ways and Means Committee Chairman
Richard E. Neal, Senate Finance Committee Chairman Chuck
Grassley, and Senate Finance Committee Ranking Member Ron Wyden
sent a letter to Treasury Secretary Steven Mnuchin regarding
IRS guidance issued on April 9, 2020, stating that otherwise
deductible business expenses would not be deductible for
recipients of a Paycheck Protection Program Loan if forgiven
loans were used to pay such expenses. The letter states that
this guidance ran counter to congressional intent and asks the
Secretary to reconsider the guidance issued by the IRS.
B. Legislative Review of Trade Issues
1. BILLS ENACTED INTO LAW DURING THE 116TH CONGRESS
a) Consolidated Appropriations Act, 2021 (P.L. 116-xx)
On January 3, 2019, Representatives Henry Cuellar and
Vicente Gonzalez introduced H.R. 133, the United States-Mexico
Economic Partnership Act. On January 10, 2019, the House agreed
to suspend the rules and pass H.R. 133 by voice vote. On
January 15, 2020, H.R. 133 passed the Senate, as amended by the
Senate Foreign Relations Committee, by unanimous consent. On
December 21, 2020 the House moved without objection to concur
in the Senate amendment with an amendment striking and
replacing the language with the Consolidated Appropriations Act
of 2021. Amendments to include the Consolidated Appropriations
Act were agreed to by a recorded vote of 327-85 (Roll no. 250)
and 359-53 (Roll no. 251). On December 21, the Senate agreed to
the House amendment to the Senate amendment by Yea-Nay Vote of
92-6 (Record Vote Number: 289). On December 27, 2020, H.R. 133
was signed by the President and became Public Law No: 116-xx.
P.L. 116-xx includes trade provisions related to technical
corrections to the United States-Mexico-Canada Agreement
Implementation Act, an extension of the Donations Acceptance
Program administered by Customs and Border Protection, the
codification of a suspension agreement regarding imports of
uranium from Russia, and an extension regarding the deadline by
which the United States Postal Service must obtain advance
electronic data on all international mail.
a) United States-Mexico-Canada Agreement Implementation Act (P.L. 116-
113)
On December 13, 2019, House Majority Leader Hoyer and
Minority Leader McCarthy introduced, by request, H.R. 5430, the
United States-Mexico-Canada Agreement Implementation Act. The
Committee on Ways and Means considered the bill on December 17,
2019 and favorably reported the bill (H. Rept. 116-358) by
voice vote. On December 19, 2019, the House passed H.R. 5430
with a record vote of 385-41 (Roll no. 701). On January 16,
2020, the Senate passed the bill with a record vote of 89-10
(Record Vote Number: 14). On January 29, 2020, H.R. 5430 was
signed by the President and became Public Law No: 116-113.
P.L. 116-113 provides statutory authority for the
renegotiated trade agreement between the United States, Mexico,
and Canada (USMCA), which replaced the North American Free
Trade Agreement.
b) Taiwan Allies International Protection and Enhancement Initiative
(TAIPEI) Act of 2019 (P.L. 116-135)
On May 23, 2019, Senator Gardner and three cosponsors
introduced S. 1678, the Taiwan Allies International Protection
and Enhancement Initiative (TAIPEI) Act of 2019. On September
26, 2019, the Senate Committee on Foreign Relations favorably
reported the bill as amended [without written report]. On
October 29, 2019, S. 1678 passed the Senate with the committee-
reported amendment by unanimous consent. On January 28, 2020,
Chairman Neal and Chairman Engel exchanged letters in which
Chairman Neal asserted jurisdiction under Rule X but agreed to
discharge the bill, as amended. On March 4, 2020, the House
agreed to suspend the rules and pass S. 1678 as amended by a
record vote of 415-0 (Roll no. 85). The Senate agreed to the
House amendment to S. 1678 by unanimous consent on March 11,
2020. On March 26, 2020, S. 1678 was signed by the President
and became Public Law No. 116-135.
P.L. 116-135 includes provisions related to trade and
economic relations between the United States and Taiwan.
c) Hong Kong Autonomy Act (P.L. 116-149)
On July 1, 2020, Rep. Sherman and eleven cosponsors
introduced H.R. 7440, the Hong Kong Autonomy Act. On July 1,
2020, the bill was discharged out of the committees on Foreign
Affairs, Judiciary, Financial Services, Ways and Means, and
Rules. On July 1, 2020, the House passed H.R. 7440 without
objection. On July 2, 2020, the bill passed the Senate by
unanimous consent. On July 14, 2020, H.R. 7440 was signed by
the President and became Public Law No. 116-149.
P.L. 116-149 includes provisions related to sanctions.
d) Extension of the Caribbean Basin Economic Recovery Act (P.L. 116-
164)
On February 6, 2019, Rep. Sewell and Rep. Wenstrup and four
other cosponsors introduced H.R. 991, the Extension of the
Caribbean Basin Economic Recovery Act. On September 22, 2020,
the House agreed by voice vote to suspend the rules and pass
H.R. 991. On September 30, 2020, the Senate passed H.R. 991
without amendment by unanimous consent. On October 10, 2020,
H.R. 991 was signed by the President and became Public Law No.
116-164.
P.L. 116-164 extends the Caribbean Basin Economic Recovery
Act until 2030.
2. OTHER PROPOSALS DURING THE 116TH CONGRESS
a) Caesar Syria Civilian Protection Act of 2019, H.R. 31
On January 1, 2019, Foreign Affairs Committee Chairman
Engel introduced H.R. 31, the Caesar Syria Civilian Protection
Act of 2019. On January 9, 2019, Chairman Neal and Chairman
Engel exchanged letters in which Chairman Neal asserted
jurisdiction but agreed not to request a sequential referral on
the bill. On January 22, 2019, the House agreed by voice vote
to suspend the rules and pass H.R. 31 as amended. On May 22,
2019, the Senate Foreign Relations Committee favorably reported
the bill with an amendment in the nature of a substitute. No
subsequent action was taken by the Senate.
H.R. 31 includes provisions related to sanctions.
b) Georgia Support Act, H.R. 598
On January 16, 2019, Rep. Connolly and Rep. Kinzinger
introduced H.R. 588, the Georgia Support Act. On May 22, 2019,
the Committee on Foreign Affairs favorably reported the bill as
amended. On October 21, 2019, Chairman Neal and Chairman Engel
exchanged letters in which Chairman Neal asserted jurisdiction
under Rule X but agreed to discharge the bill. On October 22,
2019, the House agreed by voice vote to suspend the rules and
pass H.R. 598. No subsequent action was taken by the Senate.
H.R. 598 includes provisions related to trade and economic
relations between the United States and Georgia.
c) Calling for accountability and justice for the assassination of
Boris Nemtsov, H. Res. 156
On February 27, 2019, Foreign Affairs Committee Chairman
Engel and three cosponsors introduced H. Res. 156, calling for
accountability and justice for the assassination of Boris
Nemtsov. On March 7, 2019, the Committee on Foreign Affairs
favorably reported the bill as amended. On March 11, 2019,
Chairman Neal and Chairman Engel exchanged letters in which
Chairman Neal asserted jurisdiction but agreed not to request a
sequential referral on the bill. On March 12, 2019, the House
agreed by voice vote to suspend the rules and pass H. Res. 156
as amended.
H. Res. 156 includes provisions related to sanctions.
d) Federal Advisory Committee Act Amendments of 2019, H.R. 1608
On March 7, 2019, Rep. Clay introduced H.R. 1608, the
Federal Advisory Committee Act Amendments of 2019. On March 11,
2019, Chairman Neal and Chairman Cummings exchanged letters in
which Chairman Neal asserted jurisdiction under Rule X but
agreed to discharge the bill. On March 12, 2019, the House
agreed by voice vote to suspend the rules and pass H.R. 1608.
No subsequent action was taken by the Senate.
H.R. 1608 includes provisions addressing the application of
the Federal Advisory Committee Act to trade advisory
committees.
e) Homeland Security Improvement Act, H.R. 2203
On April 10, 2019, Rep. Escobar and three cosponsors
introduced H.R. 2203, the Homeland Security Improvement Act. On
July 19, 2019, the Committee on Homeland Security favorably
reported the bill as amended (H. Rept. 116-163). On September
25, 2019, Chairman Neal and Chairman Thompson exchanged letters
in which Chairman Neal asserted jurisdiction under Rule X but
agreed to discharge the bill. On September 25, 2019, the House
passed H.R. 2203 by a record vote of 230-194 (Roll no. 546). No
subsequent action was taken by the Senate.
H.R. 2203 includes provisions related to personnel within
Customs and Border Protection.
f) Expressing concern for the United States-Turkey alliance, H. Res.
372
On May 10, 2019, Foreign Affairs Committee Chairman Engel
and seven cosponsors introduced H. Res. 372, a resolution
expressing concern for the United States-Turkey alliance. On
May 22, 2019, the Committee on Foreign Affairs favorably
reported the bill as amended. On June 3, 2019, Chairman Neal
and Chairman Engel exchanged letters in which Chairman Neal
asserted jurisdiction under Rule X but agreed to discharge the
bill. On June 10, 2019, the House agreed by voice vote to
suspend the rules and pass H. Res. 372 as amended. No
subsequent action was taken in the Senate.
H. Res. 372 includes provisions related to sanctions.
g) Burma Unified through Rigorous Military Accountability Act of 2019,
H.R. 3190
On June 11, 2019, Foreign Affairs Committee Chairman Engel
and Rep. Chabot introduced H.R. 3190, the Burma Unified through
Rigorous Military Accountability Act of 2019. On June 20, 2019,
the Committee on Foreign Affairs favorably reported the bill as
amended. On September 24, 2019, Chairman Neal and Chairman
Engel exchanged letters in which Chairman Neal asserted
jurisdiction under Rule X but agreed to discharge the bill. On
September 24, 2019, the House agreed to suspend the rules and
pass H.R. 3190 by a record vote of 394-21. No subsequent action
was taken by the Senate.
H.R. 3190 includes provisions related to sanctions.
h) Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020, H.R.
3494
On June 26, 2019, Permanent Select Intelligence Committee
Chairman Schiff introduced H.R. 3494, the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for Fiscal
Years 2018, 2019, and 2020. On July 11, 2019, the Permanent
Select Committee on Intelligence favorably reported the bill as
amended (H. Rept. 116-151), and the Committee on Ways and Means
discharged the bill. On September 24, 2019, the House agreed to
suspend the rules and pass H.R. 3494 by a record vote of 397-31
(Roll no. 541). No subsequent action was taken by the Senate.
H.R. 3494 includes provisions related to sanctions and an
intelligence assessment of North Korea's revenue from trade in
various products.
i) Reaffirming support for the Good Friday Agreement and other
agreements to ensure a lasting peace in Northern Ireland, H.
Res. 585
On September 24, 2019, Rep. Suozzi and Rep. King introduced
H. Res. 585, a resolution reaffirming support for the Good
Friday Agreement and other agreements to ensure a lasting peace
in Northern Ireland. On October 30, 2019, the Committee on
Foreign Affairs favorably reported the resolution on unanimous
consent. On December 2, 2019, Chairman Neal and Chairman Engel
exchanged letters in which Chairman Neal asserted jurisdiction
under Rule X but agreed to discharge the bill. On December 3,
2019, the House agreed by voice vote to suspend the rules and
pass H. Res. 585. No subsequent action was taken by the Senate.
H. Res. 585 includes provisions on respect for the Good
Friday Agreement in the negotiations between the United Kingdom
and the European Union over the United Kingdom's exit from the
European Union.
j) Protect Against Conflict by Turkey Act, H.R. 4695
On October 16, 2019, Foreign Affairs Committee Chairman
Engel introduced H.R. 4695, the Protect Against Conflict by
Turkey Act. On October 29, 2019, Chairman Neal and Chairman
Engel exchanged letters in which Chairman Neal asserted
jurisdiction under Rule X but agreed to discharge the bill. On
October 29, 2019, the House agreed to suspend the rules and
pass H.R. 4695 by a record vote of 403-16. No subsequent action
was taken by the Senate.
H.R. 4695 includes provisions related to sanctions.
k) Synthetic Opioid Exposure Prevention and Training Act, H.R. 4739
On October 18, 2019, Rep. Clarke and eight cosponsors
introduced H.R. 4739, the Synthetic Opioid Exposure Prevention
and Training Act. On October 23, 2019, the Committee on
Homeland Security favorably reported the bill (H. Rept. 116-
318). On November 20, 2019, Chairman Neal and Chairman Thompson
exchanged letters in which Chairman Neal asserted jurisdiction
under Rule X but agreed to discharge the bill. On December 3,
2019, the Committee on Ways and Means discharged the bill. On
December 9, 2019, the House agreed to suspend the rules and
pass H.R. 4739 by a record vote of 393-0 (Roll no. 656). On
June 1, 2020, the Committee on Homeland Security favorably
reported the bill as amended (S. Rept. 116-229). No subsequent
action was taken by the Senate.
H.R. 4739 includes provisions related to personnel within
Customs and Border Protection.
l) DHS Opioid Detection Resilience Act of 2019, H.R. 4761
On October 18, 2019, Rep. Clay Higgins and seven cosponsors
introduced H.R. 4761, the DHS Opioid Detection Resilience Act
of 2019. On December 3, 2019, the Committee on Homeland
Security favorably reported the bill (H. Rept. 116-319), and
the bill was discharged by the Committee on Ways and Means. On
November 20, 2019, Chairman Neal and Chairman Thompson
exchanged letters in which Chairman Neal asserted jurisdiction
under Rule X but agreed to discharge the bill. On December 9,
2019, the House agreed to suspend the rules and pass H.R. 4761
by a record vote of 393-1. On July 29, 2020, the Senate
Committee on Homeland Security and Governmental Affairs
favorably reported the bill. No subsequent action was taken by
the Senate.
H.R. 4761 includes provisions related to Customs and Border
Protection procedures at ports of entry.
m) Uyghur Forced Labor Prevention Act, H.R. 6210
On March 11, 2020, Chairman of the House Committee on Rules
and co-chair of the Congressional-Executive Commission on
China, James McGovern, and eleven cosponsors introduced H.R.
6210, the Uyghur Forced Labor Prevention Act. The bill was
referred to the House Committee on Foreign Affairs and the
committees on Ways and Means, Judiciary, and Financial
Services. On September 21, 2020, Chairman Neal and Chairman
Engel exchanged letters in which Chairman Neal asserted
jurisdiction under Rule X but agreed to discharge the bill. On
September 22, 2020, the House agreed to suspend the rules and
pass H.R. 6210 as amended with a record vote of 406-3 (Roll no.
196). No subsequent action was taken by the Senate.
H.R. 6210 includes provisions that would restrict imports
from the Xinjiang region made with forced labor.
n) Affirming the nature and importance of the United States-Iraq
bilateral relationship, including security and economic
components of the relationship, H. Res. 1062
On July 23, 2020, Rep. Allred and Rep. Reschenthaler
introduced H. Res. 1062, a resolution affirming the nature and
importance of the United States-Iraq bilateral relationship,
including security and economic components of the relationship.
On July 28, 2020, the Committee on Foreign Affairs favorably
reported the bill as amended by voice vote. On November 17,
2020, Chairman Neal and Chairman Engel exchanged letters in
which Chairman Neal asserted jurisdiction under Rule X but
agreed to discharge the bill. On November 18, 2020, the House
agreed by voice vote to suspend the rules and pass H. Res. 1062
as amended.
H. Res. 1062 includes provisions related to bilateral trade
and investment between the United States and Iraq.
o) Reaffirming the importance of the strategic partnership between the
United States and Mongolia, H. Res. 1100
On September 4, 2020, Rep. Titus and three cosponsors
introduced H. Res. 1100, reaffirming the importance of the
strategic partnership between the United States and Mongolia.
On October 1, 2020, the Committee on Foreign Affairs favorably
reported the bill as amended by voice vote. On December 7,
2020, Chairman Neal and Chairman Engel exchanged letters in
which Chairman Neal asserted jurisdiction under Rule X but
agreed to discharge the bill. On December 7, 2020, the House
agreed by voice vote to suspend the rules and pass H. Res. 1100
as amended.
H. Res. 1100 includes provisions related to bilateral trade
and investment between the United States and Mongolia.
p) Condemning the poisoning of Russian opposition leader Alexei Navalny
and calling for a robust United States and international
response, H. Res. 1145
On September 23, 2020, Chairman of the House Committee on
Rules, James McGovern, and three cosponsors introduced H. Res.
1145, a resolution condemning the poisoning of Russian
opposition leader Alexei Navalny and calling for a robust
United States and international response. On October 1, 2020,
the Committee on Foreign Affairs favorably reported the bill as
amended by voice vote. On November 17, 2020, Chairman Neal and
Chairman Engel exchanged letters in which Chairman Neal
asserted jurisdiction under Rule X but agreed to discharge the
bill. On November 18, 2020, the House agreed by voice vote to
suspend the rules and pass H. Res. 1145 as amended.
H. Res. 1145 includes provisions related to sanctions.
q) Expressing the sense of the House of Representatives that the United
States should reaffirm its commitment as a member of the World
Trade Organization (WTO) and work with other WTO members to
achieve reforms at the WTO that improve the speed and
predictability of dispute settlement, address longstanding
concerns with the WTO's Appellate Body, increase transparency
at the WTO, ensure that WTO members invoke special and
differential treatment reserved for developing countries only
in fair and appropriate circumstances, and update the WTO rules
to address the needs of the United States and other free and
open economies in the 21st century, H. Res. 746
On December 6, 2019, Representatives Kind and Schweikert
introduced with six original cosponsors H. Res. 746, a
resolution to express the sense of the House of Representatives
that the United States should continue to lead reform efforts
and urge member cooperation at the World Trade Organization in
order to address barriers to trade, improve living standards
across the world, and enhance accountability and dispute
settlement mechanisms. On December 17, 2019, the Ways and Means
Committee favorably reported the bill as amended (H. Rept. 116-
614). No subsequent action was taken by the House.
H. Res. 746 includes provisions related to the World Trade
Organization.
C. Legislative Review of Health Issues
1. BILLS ENACTED INTO LAW DURING THE 116TH CONGRESS
a) Consolidated Appropriations Act, 2021 (P.L. 116-xx)
On January 3, 2019, Representatives Henry Cuellar and
Vicente Gonzalez introduced H.R. 133, the United States-Mexico
Economic Partnership Act. On January 10, 2019, the House agreed
to suspend the rules and pass H.R. 133 by voice vote. On
January 15, 2020, H.R. 133 passed the Senate, as amended by the
Senate Foreign Relations Committee, by unanimous consent. On
December 21, 2020 the House moved without objection to concur
in the Senate amendment with an amendment striking and
replacing the language with the Consolidated Appropriations Act
of 2021. Amendments to include the Consolidated Appropriations
Act were agreed to by a recorded vote of 327 85 (Roll no. 250)
and 359-53 (Roll no. 251). On December 21, the Senate agreed to
the House amendment to the Senate amendment by Yea-Nay Vote of
92-6 (Record Vote Number: 289). On December 27, 2020, H.R. 133
was signed by the President and became Public Law No. 116-xx.
P.L. 116-xx includes health provisions related to H.R. 3417
the BETTER Act, including funding for State Health Insurance
Counselors, improvements to the Medicare Part D low income
programs, mental health telehealth authority in Medicare, and
value based purchasing improvements for skilled nursing
facilities. The legislation also includes provisions from H.R.
5821, the HOSPICE Act, making improvements to Medicare's
hospice program, as well as H.R. 3414, the Opioid Workforce Act
of 2019, making improvements to and expanding the Medicare
graduate medical education program, and provisions of H.R.
2113, the Prescription Drug STAR Act, relating to reporting of
average sales prices for prescription drugs. The legislation
also includes provisions from H.R. 5826, the Consumer
Protections Against Surprise Medical Bills Act of 2020, to
prevent certain cases of out-of-network surprise medical bills.
b) Families First Coronavirus Response Act (P.L. 116-127)
On March 11, 2020, Representative Nita Lowey and six
cosponsors introduced H.R. 6201, the Families First Coronavirus
Response Act. On March 14, 2020, the House agreed to suspend
the rules and pass H.R. 6201 as amended by a recorded vote of
363 40 (Roll no. 102). On March 18, 2020, H.R. 6201 passed the
Senate without amendment by Yea-Nay Vote 90 8 (Recorded Vote
Number: 76). On March 18, 2020, H.R. 6201 was signed by the
President and became Public Law No: 116-127.
P.L. 116-27 includes health-related provisions to make
emergency supplemental appropriations for the fiscal year
ending September 30, 2020, and to respond to the COVID-19
pandemic by providing sick leave, tax credits, and free COVID-
19 testing; expanding food assistance and unemployment
benefits; and increasing Medicaid funding.
c) Temporary Reauthorization and Study of Fentanyl Analogues Act (P.L.
116-114)
On January 16, 2020, Senator Lindsey Graham and six
cosponsors introduced S. 3201, the Temporary Reauthorization
and Study of Fentanyl Analogues Act. On that same day, the
Senate moved to immediate consideration of the bill and agreed
to pass the bill without amendment by unanimous consent. On
January 29, 2020, Chairman Neal and Chairman Pallone exchanged
letters in which Chairman Neal asserted jurisdiction under Rule
X but agreed to discharge the bill. On January 29, 2020, the
House agreed to suspend the rules and pass the bill by a vote
of 320-88 (Roll no. 32). On February 6, 2020, S. 3201 was
signed by the president and became Public Law No. 116-114.
P.L. 116-114 includes health-related provisions regarding
the classification of fentanyl-related substances under the
Controlled Substances Act.
d) CARES Act (P.L. 116-136)
On January 24, 2019, Representative Joe Courtney and seven
cosponsors introduced H.R. 748, the Middle-Class Health
Benefits Tax Repeal Act. On July 17, 2019, the House agreed to
suspend the rules and pass H.R. 748 as amended by a recorded
vote of 419-6 (Roll No. 493). On March 25, 2020, H.R. 748
passed the Senate under the name Coronavirus Aid, Relief, and
Economic Security (CARES) Act, with an amendment by a vote of
96-0 (Record Vote Number: 80). On March 27, 2020, the House
passed a motion to concur in the Senate amendment by voice
vote. On March 27, 2020, H.R. 748 was signed by the President
and became Public Law No: 116-136.
P.L. 116-136 includes health-related provisions addressing
medial product supply shortages; mitigating emergency drug
shortages; coverage of testing and preventive services related
to COVID-19; and provides other additional funding.
e) Further Consolidated Appropriations Act, 2020 (P.L. 116-94)
On March 25, 2019, Representative Bill Pascrell and 103
cosponsors introduced H.R. 1865, to require the Secretary of
the Treasury to mint a coin in commemoration of the opening of
the National Law Enforcement Museum in the District of
Columbia, and for other purposes. On October 28, 2019, the
House agreed to suspend the rules and pass H.R. 1865 as amended
by voice vote. On November 12, 2020, H.R. 1865 passed the
Senate by unanimous consent. On December 17, 2019, the House
passed a motion to concur in the Senate amendment with an
amendment consisting of the text of the Further Consolidated
Appropriations Act of 2020 by the Yeas and Nays: 297-120 (Roll
No. 689). On December 19, 2019, the Senate agreed to the House
amendment to the Senate amendment by Yea-Nay Vote 71-23 (Record
Vote Number: 415). On December 20, 2019, H.R. 1865 was signed
by the President and became Public Law No. 116-94.
P.L. 116-94 temporarily extends several expiring health
provisions.
f) Continuing Appropriations Act, 2021 and Other Extensions Act (P.L.
116-159)
On September 22, 2020, Representative Nita Lowey introduced
H.R. 8337, the Continuing Appropriations Act, 2021 and Other
Extensions Act. On September 22, 2020, the House agreed to
suspend the rules and pass H.R. 8337 by a recorded vote of 359-
57, 1 present (Roll no. 198). On September 30, 2020, H.R. 8337
passed the Senate without amendment by Yea-Nay Vote 84-10
(Record Vote Number: 197). On October 1, 2020, H.R. 8337 was
signed by the President and became Public Law No. 116-159.
P.L. 116-159 extends several expiring health provisions.
g) Continuing Appropriations Act, 2020, and Health Extenders Act of
2019 (P.L. 116-59)
On September 18, 2019, Representative Nita Lowey introduced
H.R. 4378, the Continuing Appropriations Act, 2020, and Health
Extenders Act of 2019. On September 19, 2019, H.R. 4378 passed
the House by a vote of 301-123 (Roll no. 538). On September 26,
2019,
H.R. 4378 passed the Senate without amendment by a vote of
81-16 (Record Vote Number: 311). On September 27, 2019, H.R.
4378 was signed by the President and became Public Law No. 116-
59.
P.L. 116-59 extends several expiring health provisions.
h) Further Continuing Appropriations Act, 2020, and Further Health
Extenders Act of 2019 (P.L. 116-69)
On June 3, 2019, Representative Jose Serrano introduced
H.R. 3055, the Further Continuing Appropriations Act, 2020, and
Further Health Extenders Act of 2019. On June 25, 2019, H.R.
3055 passed the House by a vote of 227-194 (Roll no. 408). On
October 31, 2019, H.R. 3055 passed the Senate by a vote of 84-
099 (Record Vote Number: 341). On November 19, 2019, the House
agreed with an amendment to the Senate amendment to H.R. 3055
by a vote of 231-192 (Roll no. 631). On November 21, 2019, the
Senate agreed to the House amendment to the Senate amendment to
H.R. 3055 by a vote of 74-20 (Record Vote Number: 365). On
November 21, 2019, H.R. 3055 was signed by the President and
became Public Law No. 116-69.
P.L. 116-69 extends several expiring health provisions.
i) Further Continuing Appropriations Act, 2021, and Other Extensions
Act (P.L. 116-215)
On December 8, 2020, Representative Nita Lowey introduced
H.R. 8900, the Further Continuing Appropriations Act, 2021, and
Other Extensions Act. On December 9, 2020, the House agreed to
suspend the rules and pass H.R. 8900 as amended by a record
vote of 343-67 (Roll no. 240). On December 11, 2020, the Senate
passed the bill without amendment by voice vote. On December
11, 2020, H.R. 8900 was signed by the President and became
Public Law No. 116-215.
P.L. 116-215 extends several expiring health provisions.
j) Coronavirus Preparedness and Response Supplemental Appropriations
Act, 2020 (P.L. 116-123)
On March 4, 2020, Representative Nita Lowey introduced H.R.
6074, the Coronavirus Preparedness and Response Supplemental
Appropriations Act, 2020. On March 4, 2020, the House agreed to
suspend the rules and pass the bill, as amended, by a record
vote of 415-2 (Roll no. 86). On March 5, 2020, the Senate
passed H.R. 6047 without amendment by a record vote of 96-1
(Record Vote Number: 66). On March 6, 2020, H.R. 6074 was
signed by the President and became Public Law No. 116-123.
P.L. 116-123 includes several health provisions related to
Medicare.
k) Paycheck Protection Program and Health Care Enhancement Act (P.L.
116-139)
On January 8, 2019, Representative Betty McCollum
introduced H.R. 266, the Department of Interior, Environment,
and Related Agencies Appropriations Act. On January 11, 2019,
the House passed the bill, as amended, by a record vote of 240-
179 (Roll no. 27). On April 21, 2020, the Senate passed the
bill with an amendment by voice vote. The amendment in the
nature of a substitute renamed the bill the ``Paycheck
Protection Program and Health Care Enhancement Act'' and
replaced the text of the bill. On April 23, 2020, the House
agreed to suspend the rules and agree to the Senate amendment
to H.R. 266 by a record vote of 388-1, 1 present (Roll no.
104). On April 24, 2020, H.R. 266 was signed by the President
and became Public Law No. 116-139.
P.L. 116-139 includes health provisions related to provider
relief fund.
2. OTHER HEALTH CARE PROPOSALS CONSIDERED DURING THE 116TH CONGRESS
a) The HEROES Act, H.R. 6800
On May 12, 2020, Representative Nita Lowey and eleven
cosponsors introduced H.R. 6800, the Health and Economic
Recovery Omnibus Emergency Solutions (HEROES) Act. On May 12,
2020 the bill was referred to the Committee on Appropriations,
and in addition to the Committees on the Budget, and Ways and
Means. On May 15, 2020, the House passed the bill by a vote of
208-199 (Roll No. 109).
H.R. 6800 includes health-related provisions to modify and
or expand Medicare and Medicaid, health insurance, and medical
product supplies and makes emergency supplemental
appropriations for the fiscal year ending September 30, 2020,
and for other purposes.
b) DHS Opioid Detection Resilience Act of 2019, H.R. 4761
On October 18, 2019, Representative Clay Higgins and seven
cosponsors introduced H.R. 4761, the DHS Opioid Detection
Resilience Act of 2019. On December 3, 2019, the Committee on
Homeland Security favorably reported the bill as amended, and
the Committee on Ways and Means discharged H.R. 4761. On
December 9, 2019, the House agreed to suspend the rules and
pass the bill as amended by a vote of 393-1 (Roll No. 655). On
July 29, 2020, the Committee on Homeland Security and
Governmental Affairs favorably reported the bill without
amendment (S. Rept. 116-244).
H.R. 4761 includes health-related provisions regarding the
detection of illicit narcotics at ports of entry.
c) Elijah E. Cummings Lower Drug Costs Now Act, H.R. 3
On September 19, 2019, Representatives Richard E. Neal,
Robert C. ``Bobby'' Scott, and Frank Pallone introduced H.R. 3,
the Elijah E. Cummings Lower Drug Costs Now Act. On October 22,
2019, the Committee on Ways and Means marked up and favorably
reported H.R. 3 as amended (H. Rept. 116-324 Part II). On that
same day, the Committee on Energy and Commerce also marked up
and favorably reported the bill as amended (H. Rept. 116-324
Part I). On December 9, 2019 the Committee on Education and
Labor marked up and favorably reported H.R. 3 as amended (H.
Rept. 116-324 Part III). On December 12, 2019 the House agreed
to pass H.R. 3 as amended by a vote of 230-192 (Roll Call No.
682).
H.R. 3 includes health-related provisions aimed at lowering
the cost of prescription drugs for Americans, expanding
Medicare benefits, increasing drug price transparency, and
increasing NIH, FDA, and opioid epidemic research funding.
d) Public Disclosure of Drug Discounts and Real-Time Beneficiary Drug
Cost Act, H.R. 2115
On April 8, 2019, Representative Abigail Spanberger and two
cosponsors introduced H.R. 2115, the Public Disclosure of Drug
Discounts and Real-Time Beneficiary Drug Cost Act which was
referred to the Committee on Energy and Commerce and in
addition to the Committee on Ways and Means. On October 28,
2019, the House agreed to suspend the rules and pass the bill
as amended by a vote of 403-0 (Roll Call No. 586).
H.R. 2115 includes health-related provisions requiring the
Centers for Medicare & Medicaid Services to publish certain
payment information like drug manufacturer discounts regarding
pharmacy benefit managers and prescription drugs.
e) Payment Commission Data Act of 2019, H.R. 1781
On March 14, 2019, Representative Earl L. ``Buddy'' Carter
and five cosponsors introduced H.R. 1781, the Payment
Commission Data Act of 2019. On October 28, 2019, the Committee
on Energy and Commerce marked up and favorably reported H.R.
1781 as amended (H. Rept. 116-257, Part I), and the Committee
on Ways and Means discharged the bill. On the same day the
House agreed by voice vote to suspend the rules and pass H.R.
1781, as amended.
H.R. 1781 includes health-related provisions requiring
payment information relating to covered drugs under the
Medicare prescription drug benefit and Medicaid to be
disclosed.
f) Workplace Violence Prevention for Health Care and Social Service
Workers Act, H.R. 1309
On February 19, 2019, Representative Joe Courtney and
twenty-six cosponsors introduced H.R. 1309, the Workplace
Violence Prevention for Health Care and Social Service Workers
Act. On June 11, 2019, the Committee on Education and Labor
marked up and favorably reported H.R. 1309 as amended (H. Rept.
116-296, Part I). The Committee on Ways and Means discharged
the bill on November 18, 2019, and on November 21, 2019, the
House passed the bill by a vote of 251-158 (Roll Call No. 642).
H.R. 1309 includes health-related provisions to investigate
workplace violence incidents, risks, or hazards as soon as
practicable and provide training for employees.
g) Protecting Americans with Preexisting Conditions Act of 2019, H.R.
986
On February 6, 2019, Representative Ann M. Kuster and two
cosponsors introduced H.R. 986, the Protecting Americans with
Preexisting Conditions Act of 2019. On April 3, 2019, the
Committee on Energy and Commerce marked up and favorably
reported H.R. 1309 as amended (H. Rept. 116-44, Part I). On May
8, 2019, Chairman Neal and Chairman Pallone exchanged letters
in which Chairman Neal asserted jurisdiction under Rule X but
agreed to discharge the bill. On May 9, 2019, the House passed
the bill by the Yeas and Nays: 230-183 (Roll Call No. 196).
H.R. 986 includes health-related provisions to nullify
guidance from the Department of Health and Human Services
related to Medicare 1332 waivers in the Affordable Care Act.
h) Strengthening the Health Care Fraud Prevention Task Force Act of
2019, H.R. 525
On January 11, 2019, Representative Greg Walden and three
cosponsors introduced H.R. 525, the Strengthening the Health
Care Fraud Prevention Task Force Act of 2019. On January 25,
2019, the bill was referred to the subcommittees on health for
both the Committee on Ways and Means and the Committee on
Energy and Commerce. On February 25, 2019, Chairman Neal and
Chairman Pallone exchanged letters in which Chairman Neal
asserted jurisdiction under Rule X but agreed to discharge the
bill. On February 25, 2019, the House agreed by voice vote to
suspend the rules and pass H.R. 525, as amended.
H.R. 525 includes health-related provisions establishing
statutory authority and requirements for a partnership between
health insurance plans, government agencies, law enforcement,
and health care organizations to detect and prevent fraud,
waste, and abuse.
i) BENES Act of 2020, H.R. 2477
On May 2, 2019, Representative Raul Ruiz and three
cosponsors introduced H.R. 2477, the BENES Act of 2020. On May
2, 2019, the bill was referred to the Committee on Ways and
Means, and in addition to the Committee on Energy and Commerce.
On December 8, 2020, the Committee on Energy and Commerce
favorable reported the bill, as amended by an amendment in the
nature of a substitute (H. Rept. 116-621, Part 1) On December
8, 2020, the House agreed by voice vote to suspend the rules
and pass H.R. 2477 as amended. Provisions substantially similar
to the BENES Act of 2020 were included in the Consolidated
Appropriations Act of 2021 (see P.L. 116-xx above).
H.R. 2477 includes health provisions related to the
Medicare enrollment process. In addition, the text of H.R.
1375, the PAID Act; H.R. 5821, the HOSPICE Act; and H.R. 5534,
the Comprehensive Immunosuppressive Drug Coverage for Kidney
Transplant Patients Act of 2019 was included in the House
passed version of H.R. 2477.
j) PAID Act, H.R. 1375
On February 26, 2019, Representative Ron Kind and 1
cosponsor introduced H.R. 1375, the PAID Act. On February 26,
2019, the bill was referred to the Committee on Ways and Means,
and in addition to the Committee on Energy and Commerce. On
December 8, 2020, the House agreed by voice vote to suspend the
rules and pass, H.R. 1375 as amended. Text consisting of the
provisions of H.R. 1375 was included in H.R. 2477, the BENES
Act of 2019 as amended. On December 8, 2020, the House agreed
by voice vote to suspend the rules and pass H.R. 2477 as
amended. Provisions substantially similar to the PAID Act were
included in the Consolidated Appropriations Act of 2021 (see
P.L. 116-xx above).
The bill includes health provisions dealing with accurate
information disclosure by the Centers for Medicare & Medicaid
Services.
k) Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant
Patients Act of 2019, H.R. 5534
On December 23, 2019, Representative Ron Kind and 5
cosponsors introduced H.R. 5534, the Comprehensive
Immunosuppressive Drug Coverage for Kidney Transplant Patients
which was referred to the Committee on Energy and Commerce, and
in addition to the Committee on Ways and Means. Text consisting
of the provisions of H.R. 5534 was included in H.R. 2477, the
BENES Act of 2019 as amended. On December 8, 2020, the House
agreed by voice vote to suspend the rules and pass H.R. 2477 as
amended. Provisions substantially similar to H.R. 5334 were
included in the Consolidated Appropriations Act of 2021 (see
P.L. 116-xx above).
H.R. 5534 includes health-related provisions indefinitely
extending Medicare coverage of immunosuppressive drugs for
kidney transplant recipients for individuals who do not have
other coverage.
l) Removing Barriers to Colorectal Cancer Screenings Act of 2020, H.R.
1570
On March 6, 2019, Representative Donald Payne and 120
cosponsors introduced H.R. 1570, the Removing Barriers to
Colorectal Cancer Screenings Act of 2020, which was referred to
the Committee on Energy and Commerce, and in addition to the
Committee on Ways and Means. On December 7, 2020, Chairman Neal
and Chairman Pallone exchanged letters in which Chairman Neal
asserted jurisdiction under Rule X but agreed to discharge the
bill. On December 9, 2020, the House agreed by voice vote to
suspend the rules and pass H.R. 1570 as amended.
The bill includes health-related provisions waiving the
Medicare coinsurance requirements with respect to colorectal
cancer screening tests. Text consisting of the provisions of
H.R. 2087, the Drug Price Transparency Act, was included in
H.R. 1570.
m) The Heroes Act, H.R. 925
On January 30, 2019, Representatives Mike Thompson and
Robert J Wittman introduced H.R. 925, the North American
Wetlands Conservation Extension Act. On November 13, 2019, the
Committee on Natural Resources favorably reported H.R. 925 (H.
Rept. 116-284). On November 20, 2019, the House agreed to
suspend the rules and pass H.R. 925 by voice vote. On January
9, 2020, the Senate passed H.R. 925 with an amendment and
amendment to the title by voice vote. On October 1, 2020, the
House agreed on a motion to concur in the Senate amendments
with an amendment striking and replacing the language with the
Heroes act agreed to by the Yeas and Nays: 214-207 (Roll no.
214).
This bill includes health-related provisions to modify and
or expand Medicare and Medicaid, health insurance, and medical
product supplies and makes emergency supplemental
appropriations.
n) Drug Price Transparency Act, H.R. 2087
On April 4, 2019, Representative Lloyd Doggett and one
cosponsor introduced H.R. 2087, the Drug Price Transparency
Act. The provisions of H.R. 2087 were included in H.R. 2113 as
reported by the Ways and Means Committee on April 9, 2019, as
well as in H.R. 1570 as agreed to by the House (see H.R. 2113
below and H.R. 1570 above). Provisions substantially similar to
the Drug Price Transparency Act were included in the
Consolidated Appropriations Act of 2021 (see P.L. 116-xx
above).
H.R. 2087 includes health provisions that require certain
manufacturers of drugs that are covered under Medicare medical
services to report pricing information to the Centers for
Medicare & Medicaid Services.
o) HOSPICE Act, H.R. 5821
On February 10, 2020, Representative Jimmy Panetta and two
cosponsors introduced H.R. 5821, the Helping Our Senior
Population in Comfort Environments (HOSPICE) Act. On February
12, 2020, the Committee on Ways and Means marked up and
favorably reported H.R. 5821 as amended (H. Rept 116-660, part
I). Text consisting of the provisions of H.R. 5821 was included
in H.R. 2477, the BENES Act of 2019, as amended. On December 8,
2020, the House agreed by voice vote to suspend the rules and
pass, as amended, H.R. 2477. Provisions substantially similar
to the HOSPICE Act were included in the Consolidated
Appropriations Act of 2021 (see P.L. 116-xx above).
H.R. 5821 establishes survey requirements for, and
enforcement mechanisms against, certified hospice programs
under Medicare.
p) Restoring Access to Medication Act of 2019, H.R. 1922
On March 27, 2019, Representative Ron Kind and three
cosponsors introduced H.R. 1922, the Restoring Access to
Medication Act of 2019. On October 23, 2019, the Committee on
Ways and Means marked up and favorably reported H.R. 1992 as
amended (H. Rept. 116-675). On March 27, 2020, text consisting
of the provisions of H.R. 1922 was included in H.R. 748, the
CARES Act which became public law No: 116-136.
H.R. 1922 includes health-related provisions to allow
payments for over the counter medications and menstrual care
products from health savings accounts, medical savings
accounts, health flexible spending arraignments, and health
reimbursement arrangements.
q) Prescription Drug STAR Act, H.R. 2113
On April 8, 2019, Representative Richard Neal and one
cosponsor introduced H.R. 2113, the Prescription Drug Sunshine,
Transparency, Accountability, and Reporting (STAR) Act. On
April 9, 2019, the Committee on Ways and Means favorably
reported H.R. 2113 as amended by voice vote (H. Rept. 116-688
Part 1). Provisions substantially similar to the Prescription
Drug STAR Act were included in the Consolidated Appropriations
Act of 2021 (see P.L. 116-xx above).
H.R. 2113 stablishes requirements for prescription drug
manufacturers to provide certain information about pricing,
discounts, and product samples of applicable drugs.
r) Beneficiary Education Tools, Telehealth, and Extenders
Reauthorization Act of 2019, or the BETTER Act of 2019, H.R.
3417
On June 21, 2019, Representative Richard Neal and one
cosponsor introduced H.R. 3417, the Beneficiary Education
Tools, Telehealth, and Extenders Reauthorization Act of 2019.
On June 26, 2019, the Committee on Ways and means marked up and
favorably reported H.R. 3417 as amended in nature of a
substitute (H. Rept. 116-691 Part 1). Provisions substantially
similar to the BETTER Act of 2019 were included in the
Consolidated Appropriations Act of 2021 (see P.L. 116-xx
above).
H.R. 3417 extends funding for, and makes a series of
changes to, Medicare enrollment, payment, prescription drug
programs, and extends funding for the geographic index floor
under Medicare and for quality measure endorsement.
s) Opioid Workforce Act of 2019, H.R. 3414
On June 21, 2019, Representative Bradley Schneider and
three cosponsors introduced H.R. 3414, the Opioid Workforce Act
of 2019. On June 26, 2019, the Committee on Ways and means
marked up and favorably reported H.R. 3414 as amended in the
nature of a substitute (H. Rept. 116-116-690 Part 1).
Provisions substantially similar to the Opioid Workforce Act of
2019 were included in the Consolidated Appropriations Act of
2021 (see P.L. 116-xx above).
H.R. 3414 increases the number of residency positions
eligible for graduate medical education payments under Medicare
for hospitals that have addiction or pain medicine programs,
with an aggregate increase of 1,000 positions over a five-year
period.
t) HEARTS and Rural Relief Act, H.R. 3429
On June 24, 2019, Representative Terri Sewell and one
cosponsor introduced H.R. 3429, the Health Equity and Access to
Returning Troops and servicemembers (HEARTS) and Rural Relief
Act of 2019. On June 26, 2019, the Committee on Ways and Means
marked up and favorably reported H.R. 3429 as amended (H. Rept.
116-620, Part I).
H.R. 3429 makes a series of changes relating to Medicare
coverage and requirements, particularly with respect to
military retirees and other changes to Medicare payment systems
for certain items and services.
u) Chronic Care Management Improvement Act, H.R. 3436
On June 24, 2019, Representative Suzan DelBene and one
cosponsor introduced H.R. 3436, the Chronic Care Management
Improvement Act. On June 26, 2019, the Committee on Ways and
Means marked up and favorably reported H.R. 3436 as amended (H.
Rept. 116-646, Part I).
H.R. 3436 eliminates cost-sharing for chronic care
management services under Medicare.
v) PATIENT Act, H.R. 3439
On June 24, 2019, Representative Donald Breyer introduced
H.R. 3439, the Protecting Access to Information for Effective
and Necessary Treatment (PATIENT) Act. On June 26, 2019, the
Committee on Ways and Means marked up and favorably reported
H.R. 3439 as amended in the nature of a substitute (H. Rept.
116-696 Part 1). Provisions substantially similar to the
PATIENT Act were included in the Further Consolidated
Appropriations Act, 202 (see P.L. 116-44 above).
H.R. 3439 reauthorizes through FY2026 the Patient-Centered
Outcomes Research Trust Fund, which supports research that
evaluates and compares outcomes and the clinical effectiveness,
risks, and benefits of two or more medical treatments,
services, or other health practices.
w) Primary Care Enhancement Act of 2019, H.R. 3708
On July 11, 2019, Representative Earl Blumenauer and three
cosponsors introduced H.R. 3708, the Primary Care Enhancement
Act of 2019. On October 23, 2019, the Committee on Ways and
Means marked up and favorably reported H.R. 3708 as amended by
voice vote.
H.R. 3708 permits a taxpayer with a primary care service
arrangement whose fixed periodic fee does not exceed $150 a
month to participate in and contribute to a health savings
account.
x) I CAN Act, H.R. 4716
On October 17, 2019, Representative TJ Cox and one
cosponsor introduced H.R. 4716, the Inhaler Coverage and Access
Now (I CAN) Act. On October 23, 2020, the Committee on Ways and
Means marked up and favorably reported H.R. 4716 as amended (H.
Rept. 116-401).
H.R. 4716 includes health-related provisions to cover
inhalers for any chronic lung disease, including asthma under
high deductible health plans.
y) Helping Seniors Afford Health Care Act, H.R. 4671
On October 15, 2019, Representative Andy Kim and two
cosponsors introduced H.R. 4671, the Helping Seniors Afford
Health Care Act. On January 24, 2020, the Committee on Energy
and Commerce marked up and favorably reported H.R. 4671 as
amended (H. Rept. 116-381, Part I) and the Committee on Ways
and Means discharged the bill.
H.R. 4671 includes health-related provisions to expand the
federal medical assistance percentages for expanded Medicare
cost-sharing populations and low-income Medicare beneficiaries.
z) Medicare Vision Act of 2019, H.R. 4665
On October 11, 2019, Representative Kim Schrier and three
cosponsors introduced H.R. 4665, the Medicare vision Act of
2019. On October 22, 2019, the Committee on Ways and Means
marked up and favorably reported H.R. 4665 as amended (H. Rept.
116-327, Part I). On January 24, 2020, the Committee on Energy
and Commerce marked up and favorably reported H.R. 4665 (H.
Rept. 116-327, Part II). H.R. 4665 was included in the rules
committee print of H.R. 3, the Elijah E. Cummings Lower Drug
Costs Now Act, which passed the House on December 12, 2019.
H.R. 4665 includes health-related provisions to expand
Medicare Part B coverage to include eyeglasses, contact lenses,
and vision services.
aa) Medicare Dental Coverage Act of 2019, H.R. 4650
On October 11, 2019, Representative Robin Kelly and one
cosponsor introduced H.R. 4650, the Medicare Dental Coverage
Act of 2019. On October 22, 2019, the Committee on Ways and
Means marked up and favorably reported H.R. 4650 as amended (H.
Rept. 116-325, Part I). On January 24, 2020, the Committee on
Energy and Commerce marked up and favorably reported H.R. 4650
(H. Rept. 116-325, Part II). H.R. 4650 was included in the
rules committee print of H.R. 3, the Elijah E. Cummings Lower
Drug Costs Now Act, which passed the House on December 12,
2019.
H.R. 4650 includes health-related provisions to expand
Medicare Part B coverage to include dentures and dental and
oral health services.
bb) Medicare Hearing Act of 2019, H.R. 4618
On October 8, 2019, Representative Lucy McBath and one
cosponsor introduced H.R. 4618, the Medicare Hearing Act of
2019. On October 22, 2019, the Committee on Ways and Means
marked up and favorably reported H.R. 4618 as amended (H. Rept.
116-326, Part I). On January 24, 2020, the Committee on Energy
and Commerce marked up and favorably reported H.R. 4618 (H.
Rept. 116-326, Part II). H.R. 4618 was included in the rules
committee print of H.R. 3, the Elijah E. Cummings Lower Drug
Costs Now Act, which passed the House on December 12, 2019.
H.R. 4618 includes health-related provisions to expand
Medicare Part B coverage to include hearing aids and hearing
rehabilitation and treatment services.
cc) Pathways to Health Careers Act, H.R. 3398
On June 21, 2019, Representative Danny Davis introduced
H.R. 3398, the Pathways to Health Careers Act. On October 29,
2019, the Committee on Ways and Means marked up and favorably
reported H.R. 3398 as amended (H. Rept. 116-265).
H.R. 3398 includes health-related provisions to create
career pathways through health profession opportunity grants.
dd) To provide that the rule entitled ``Short-Term, Limited Duration
Insurance'' shall have no force or effect, H.R. 1010
On February 6, 2019, Representative Kathy Castor and five
cosponsors introduced H.R. 1010, to provide that the rule
entitled ``Short-Term, Limited Duration Insurance'' shall have
no force or effect. On April 29, 2019, the committee on
Education and Labor marked up and favorably reported H.R. 1010
(H. Rept. 116-43, Part I). On May 10, 2019, the Committee on
Energy and Commerce favorable reported H.R. 1010 as amended (H.
Rept. 116-43, Part II). On the same Day the Committee on Ways
and Means discharged the bill.
H.R. 1010 includes health-related provisions to nullify
rules by the Department of Health and Human Services regarding
short-term, limited-duration health insurance plans.
ee) To amend the Internal Revenue Code of 1986 to provide for reporting
by certain investors with respect to certain specified medical
care providers, H.R. 5825
On February 10, 2020, Representative Richard Neal
introduced H.R. 5825, To amend the Internal Revenue Code of
1986 to provide for reporting by certain investors with respect
to certain specified medical care providers. On February 12,
2020, the Committee on Ways and Means marked up and ordered
reported H.R. 5825 as amended.
H.R. 5825 imposes a new reporting requirement under the
Internal Revenue Code for certain investors with respect to
certain specified medical care providers.
ff) Consumer Protections Against Surprise Medical Bills Act of 2020,
H.R. 5826
On February 10, 2020, Representative Richard Neal and
thirty-one cosponsors introduced H.R. 5826, the Consumer
Protections Against Surprise Medical Bills Act of 2020. On
February 12, 2020, the Committee on Ways and Means marked up
and ordered reported H.R. 5826 as amended. Provisions
substantially similar to the Consumer Protections Against
Surprise Medical Bills Act of 2020 were included in the
Consolidated Appropriations Act of 2021 (see P.L. 116-xx
above).
H.R. 5826 amends title XXVII of the Public Health Service
Act, the Employee Retirement Income Security Act of 1974, the
Internal Revenue Code of 1986, and title XI of the Social
Security Act to prevent certain cases of out-of-network
surprise medical bills, strengthen health care consumer
protections, and improve health care information transparency.
D. Legislative Review of Worker and Family Support Issues
1. BILLS ENACTED INTO LAW DURING THE 116TH CONGRESS
a) Consolidated Appropriations Act, 2021 (P.L. 116-xx)
On January 3, 2019, Representatives Henry Cuellar and
Vicente Gonzalez introduced H.R. 133, the United States-Mexico
Economic Partnership Act. On January 10, 2019, the House agreed
to suspend the rules and pass H.R. 133 by voice vote. On
January 15, 2020, H.R. 133 passed the Senate, as amended by the
Senate Foreign Relations Committee, by unanimous consent. On
December 21, 2020 the House moved without objection to concur
in the Senate amendment with an amendment striking and
replacing the language with the Consolidated Appropriations Act
of 2021. Amendments to include the Consolidated Appropriations
Act were agreed to by a recorded vote of 327-85 (Roll no. 250)
and 359-53 (Roll no. 251). On December 21, the Senate agreed to
the House amendment to the Senate amendment by Yea-Nay Vote of
92-6 (Record Vote Number: 289). On December 27, 2020, H.R. 133
was signed by the President and became Public Law No. 116-xx.
P.L. 116-xx includes Worker and Family Support provisions
including extending unemployment programs enacted in the
Families First Coronavirus Response Act and the CARES Act
through March 14, restoring supplemental federal unemployment
benefits to provide $300 per week for weeks ending after
December 26 and before March 14, extending Pandemic
Unemployment Assistance and Pandemic Emergency Unemployment
Compensation through March 14 for all workers and through April
5 for those receiving benefits as of March 14 and adding 11
additional weeks to prevent benefit exhaustion, a new benefit
supplement for ``mixed earners, various technical corrections
and a number of provisions regarding program integrity and
effective program administration. In addition to these
unemployment provisions, the bill includes continued support
for existing Health Profession Opportunity Grant grantees,
ongoing support for state courts, and an extension of the
Temporary Assistance for Needy Families (TANF) program and
related programs, including the Child Care Entitlement to
States.
P.L. 116-xx also includes provisions similar to several
Worker and Family Support bills. These include H.R. 4602, the
Continuation of Useful Resources to States Act, H.R. 7947, the
Supporting Foster Youth and Families through the Pandemic Act,
and H.R. 8812, the Relief for Working Families Act, S. 4209.
b) TANF Extension Act of 2019 (P.L. 116-4)
On January 10, 2019, Chairman Neal, along with
Representative Kevin Brady, introduced H.R. 430, the TANF
Extension Act of 2019. On January 14, the bill passed the House
by voice vote. On January 22, the Senate passed the bill
without amendment by voice vote. On January 24, 2019, H.R. 430
was signed by the President and became Public Law No. 116-4.
P.L. 116-4 includes Worker and Family support provisions
including extending the Temporary Assistance for Needy Families
(TANF), the Child Care Entitlement to States (CCES), and
related assistance programs until June 30, 2019.
c) To extend the program of block grants to States for temporary
assistance for needy families and related programs through
September 30, 2019 (P.L. 116-27)
On May 23, 3019, Representative Danny K. Davis, along with
Representative Jackie Walorski, introduced H.R. 2940. On June
3, the House agreed to suspend the rules and passed H.R. 2940
by the Yeas and Nays: 357-55 (Roll no. 233). On June 27, H.R.
2940 passed the Senate without amendment by voice vote. On July
5, 2019, H.R. 2940 was signed by the President and became
Public Law No. 116-27.
P.L. 116-27 includes Worker and Family Support provisions
including extending TANF, CCES, and related programs through
September 30, 2019.
d) The Family First Transition Act (P.L. 116-94)
On November 5, 2019, Representative Danny K. Davis and
Representative Jackie Walorski, along with eleven other
members, introduced H.R. 4980, the Family First Transition Act.
This bill was included as Sec. 602 under Subtitle F--
Miscellaneous Provisions of H.R. 1865, the Further Consolidated
Appropriations Act of 2020. This legislation passed the House
on December 17 by the Yeas and Nays: 297-120 (Roll No. 689). On
December 19, 2019, this bill was considered by the Senate and
passed by the Yeas and Nays: 71-23 (Record Vote Number: 415).
On December 20, 2019, H.R. 1865 was signed by the President and
became Public Law No. 116-94.
P.L. 116-94 includes Worker and Family Support provisions
including providing additional funding to all states to assist
with implementing prevention services and foster youth
protections authorized in P.L. 115-23, the Bipartisan Budget
Act of 2018 (which included the Family First Prevention
Services Act as Title VII of Division E).
e) Emergency Unemployment Insurance Stabilization and Access Act of
2020, H.R. 6199
On March 11, 2020, Representative Steven Horsford
introduced H.R. 6199, the Emergency Unemployment Insurance
Stabilization and Access Act of 2020. On March 14, 2020, H.R.
6199 passed the House as Division E of H.R. 6201, the Families
First Coronavirus Response Act (see P.L. 116-27 below).
H.R. 6199 includes Worker and Family Support provisions
including providing technical assistance, additional
flexibility under federal law, and emergency transfers to
states for unemployment compensation administration. It also
provides interest-free loans to state unemployment trust funds
and full federal financing of Extended Benefits (EB) through
December 31, 2020.
f) Families First Coronavirus Response Act (P.L. 116-27)
On March 11, 2020, Representative Nita Lowey and six
cosponsors introduced H.R. 6201, the Families First Coronavirus
Response Act. On March 14, 2020, the House agreed to suspend
the rules and pass H.R. 6201 as amended by a recorded vote of
363-40 (Roll no. 102). On March 18, 2020, H.R. 6201 passed the
Senate without amendment by Yea-Nay Vote 90-8 (Recorded Vote
Number: 76). On March 18, 2020, H.R. 6201 was signed by the
President and became Public Law No: 116-27.
P.L. 116-27 includes worker related provisions providing
for increased administrative funding for state unemployment
insurance programs which complied with certain beneficiary
access requirements, advances to state unemployment trust funds
to assist in paying state unemployment benefits, and temporary
full federal financing for up to 20 weeks of Extended Benefits
(EB) through December 31, 2020.
g) Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-136)
On January 24, 2019, Representative Joe Courtney and seven
cosponsors introduced H.R. 748, the Middle Class Health
Benefits Tax Repeal Act. On July 17, 2019, the House agreed to
suspend the rules and pass H.R. 748 as amended by a recorded
vote of 419-6 (Roll no. 493). On March 25, 2020, H.R. 748
passed the Senate with an amendment by Yea-Nay Vote 96-0
(Record Vote Number: 80). On March 27, 2020, the House passed a
motion to concur in the Senate amendment by voice vote. On
March 27, 2020, H.R. 748 was signed by the President and became
Public Law No: 116-136.
P.L. 116-136 includes worker and family related provisions
including a $600 per week federal supplement to state
unemployment compensation, which expired July 31, 2020. It also
includes a number of temporary beneficiary and state program
supports which expire December 31, 2020, including 1) Pandemic
Emergency Unemployment Compensation (PEUC), which provides 13
additional weeks unemployment compensation for individuals who
exhaust state benefits, 2) Pandemic Unemployment Assistance
(PUA), which provided up to 39 weeks of federal unemployment
benefits modeled after Disaster Unemployment Assistance to
individuals who do not qualify for state unemployment benefits
but met certain conditions, 3) Federal financing for work-
sharing programs, 4) federal financing to waive ``waiting
weeks'' for state unemployment benefits, and 5) federal
financing for half of the cost incurred by ``reimbursable''
employers when employees are laid off. The law also extended a
number of family support programs, including TANF, CCES, and
Health Profession Opportunity Grants (HPOG).
h) Supporting Foster Youth and Families through the Pandemic Act, H.R.
7947
On August 7, 2020, Representative Danny K. Davis and
Representative Jackie Walorski introduced H.R. 7947, the
Supporting Foster Youth and Families through the Pandemic Act.
This bill became part of the amendment to H.R. 925, the Heroes
Act, and on October 1, 2020, the House agreed on a motion to
concur in the Senate amendments with an amendment agreed to by
the Yeas and Nays: 214-207 (Roll no. 214). The Supporting
Foster Youth and Families through the Pandemic Act was included
in the Consolidated Appropriations Act of 2021 (see P.L. 116-xx
above).
H.R. 7947 includes Worker and Family Support provisions
including providing temporary additional funding to support
older foster youth, kin caregivers, at-risk families, state
courts, adoptive families, and foster care prevention services,
and allows older youth to remain in foster care during the
pandemic.
i) Emergency Aid for Returning Americans Affected by the Coronavirus
Act (P.L. 116-148)
On June 29, 2020, Senator Chuck Grassley introduced S.
4091, the Emergency Aid for Returning Americans Affected by the
Coronavirus Act. On June 29, this bill was passed in the Senate
without amendment, by Voice Vote. On June 29, this bill passed
the House without objection. On July 13, 2020, S. 4091 was
signed by the President and became Public Law No: 116-148.
P.L. 116-148 includes Worker and Family Support provisions
including increasing the maximum amount of funding available in
FY2020 for, and revising certain requirements pertaining to,
temporary assistance for U.S. citizens and their dependents who
are returning from foreign countries due to a crisis and are
without available resources. Under current law, the Department
of Health and Human Services may provide assistance such as
money payments and medical care to these individuals on a
temporary basis.
j) Protecting Nonprofits from Catastrophic Cashflow Act (P.L. 116-151)
On July 2, 2020, Senator Tim Scott introduced S. 4209, the
Protecting Nonprofits from Catastrophic Cashflow Act. On July
2, this bill passed the Senate without amendment by Unanimous
Consent. On July 9, the House passed S. 4209 without objection.
On August 3, 2020, S. 4209 was signed by the President and
became Public Law No. 116-151.
S. 4209 includes Worker and Family support provisions
including making a technical correction to the provision in the
CARES Act which provided a 50 percent subsidy for unemployment
costs for reimbursable employers.
k) Continuation of Useful Resources to States Act, H.R. 4602
On October 4, 2020, Representative Kevin Brady, along with
two other members, introduced H.R. 4602, the Continuation of
Useful Resources to States (COURTS) Act. Provisions
substantially similar to the COURTS Act were included in the
Consolidated Appropriations Act of 2021 (see P.L. 116-xx
above).
H.R. 4602 includes Worker and Family Support provisions
including an extension of state court funding for child
welfare, and an adjustment to the Temporary Assistance for
Needy Families (TANF) Contingency Fund for state welfare
programs.
2.) OTHER PROPOSALS DURING THE 116TH CONGRESS
l) BRIDGE For Workers Act, H.R. 1759
On March 14, 2019, Representative Stephanie Murphy and
Representative Jackie Walorski, along with two cosponsors,
introduced H.R. 1759, the BRIDGE for Workers Act. On April 24,
this bill was ordered to be reported favorably by Voice Vote
out of the Ways and Means Committee markup. On April 9, H.R.
1759 passed the House agreed to suspend the rules and pass H.R.
1759 by the Yeas and Nays: 393-24 (Roll no. 162).
H.R. 1759 includes Worker and Family Support provisions
including flexibility to allow states to use federal
reemployment services funding for any individual claiming
unemployment compensation who would be able to return to work
more quickly with services.
m) Pathways for Health Careers Act, H.R. 3398
On June 21, 2019, Representative Danny K. Davis introduced
H.R. 3398, the Pathways for Health Careers Act. On October 22,
2019, the Committee on Ways and Means reported the bill as
amended favorably by the Yeas and Nays: 24-16. The bill was
included in the rules committee print of H.R. 3, the Elijah E.
Cummings Lower Drug Costs Now Act. On December 12, 2019, H.R. 3
passed the house by the Yeas and Nays: 230-192 (Roll no. 682).
H.R. 3398 includes Worker and Family Support provisions
including reauthorizing and expanding the Health Profession
Opportunity Grant program to help low-income parents and other
disadvantaged workers fill shortages in the health care
workforce and move up the economic ladder. This bill wraps up
sixteen smaller bills introduced by Ways and Means members into
a comprehensive package.
n) Home Visiting to Reduce Maternal Mortality and Morbidity Act, H.R.
4768
On October 21, 2019, Representative Danny K. Davis
introduced H.R. 4768, the Home Visiting to Reduce Maternal
Mortality and Morbidity Act. The bill was included in the rules
committee print of H.R. 3, the Elijah E. Cummings Lower Drug
Costs Now Act. On December 12, 2019, H.R. 3 passed the house by
the Yeas and Nays: 230-192 (Roll no. 682).
H.R. 4768 includes Worker and Family Support provisions
including increasing funding for home visiting programs
throughout the country to help reduce maternal mortality and
morbidity. It followed an Oversight Subcommittee hearing
regarding maternal mortality and morbidity.
o) Family Care for Essential Workers Act, H.R. 6460
On April 7, 2020, Representative Danny K. Davis and
Representative Linda Sanchez, along with eleven other members,
introduced H.R. 6460, the Family Care for Essential Workers
Act. This bill was included in H.R. 7327, the Child Care for
Economic Recovery Act. It passed the House as part of H.R.
6800, the Heroes Act, by the Yeas and Nays: 208-199 (Roll no.
109).
H.R. 6460 includes Worker and Family Support provisions
including increasing Social Services Block Grant funding to
provide assistance to essential workers in finding and paying
for child and adult dependent care services during the COVID-19
pandemic.
p) Child Care is Infrastructure Act, H.R. 7201
On June 15, 2020, Representative Katherine Clark introduced
H.R. 7201, the Child Care is Infrastructure Act. This bill was
included in H.R. 7327, the Child Care for Economic Recovery
Act. It passed the House as part of H.R. 6800, the Heroes Act,
by the Yeas and Nays: 208-199 (Roll no. 109).
H.R. 7201 includes Worker and Family Support provisions
including requiring the Secretary of Health and Human Services
to conduct an immediate assessment of the structural condition
of child care facilities and authorizes grants to states to
fund construction costs and structural improvements to improve
health, safety, and function.
q) Child Care for Economic Recovery Act, H.R. 7327
On June 25, 2020, Chairs Nita Lowey and Richard Neal, along
with four other members, introduced H.R. 7327, the Child Care
for Economic Recovery Act. It passed the House as part of H.R.
6800, the Heroes Act, by the Yeas and Nays: 208-199 (Roll no.
109).
H.R. 7327 includes a number of Committee provisions in
Division B, including increased funding for the Child Care
Entitlement to States. The bill also includes H.R. 6460, the
Family Care for Essential Workers Act, as well as H.R. 7201,
the Child Care is Infrastructure Act.
r) The Heroes Act, H.R. 6800
On May 12, 2020, Chairwoman Nita Lowey and 11 cosponsors
introduced H.R. 6800, the Heroes Act. On May 15, 2020, the
House passed H.R. 6800 by a recorded vote of 208-199 (Roll No.
109).
This bill includes Worker and Family Support legislation
including H.R. 7327, the Child Care for Economic Recovery Act,
H.R. 6865, the Home Visiting Resiliency During the Pandemic
Act, and provisions related to extending a number of FFCRA and
CARES Act programs for unemployed workers and state
unemployment insurance agencies.
s) Support Working Families Act, H.R. 7846
On July 29, 2020, Representative Katie Porter introduced
H.R. 7846, the Support Working Families Act. It was included in
the House amendment to H.R. 925. On October 1, 2020, the House
agreed on a motion to concur in the Senate amendments to H.R.
925 with an amendment agreed to by the Yeas and Nays: 214-207
(Roll no. 214).
H.R. 7846 includes Worker and Family Support provisions
including clarifying access to pandemic unemployment assistance
for individuals with caregiving responsibilities when, due to
COVID-19 (i.e., coronavirus disease 2019), a school or facility
is only partially open, care is not available or affordable
during the hours of available work, or attending a school or
facility presents an unacceptable risk to a child or household,
in addition to the current-law eligibility for those whose
facilities are fully closed.
t) The Elder Justice Reauthorization Act, H.R. 8079
On August 21, 2020, Chairman Richard Neal introduced H.R.
8079, the Elder Justice Reauthorization Act. Some provisions of
the Elder Justice Reauthorization Act were included in the
Consolidated Appropriations Act of 2021 (see description of
P.L. 116-xx above).
The Elder Justice Reauthorization Act includes Worker and
Family Support provisions including $100 million for programs
authorized under the Elder Justice Act (included as part of the
Patient Protection and Affordable Care Act, P.L. 111-148, as
amended). Of that money, $50 million are directed toward Adult
Protective Services (APS), which is the first time federal
funding has ever been expressly dedicated to APS.
u) The Heroes Act, H.R. 925
On January 30, 2019, Representatives Mike Thompson and
Robert J. Wittman introduced H.R. 925, the North American
Wetlands Conservation Extension Act. On November 13, 2020, the
Committee on Natural Resources favorably reported H.R. 925 (H.
Rept. 116-284). On November 11, 2019, the House agreed to
suspend the rules and pass H.R. 925 by voice vote. On January
9, 2020, the Senate passed H.R. 925 with an amendment and
amendment to the title by voice vote. On October 1, 2020, the
House concurred in the Senate amendments with an amendment
striking and replacing the language with the Heroes Act by the
Yeas and Nays: 214-207 (Roll no. 214).
This bill includes Worker and Family Support related
provisions including H.R. 7947, the Supporting Foster Youth and
Families during the Pandemic Act, H.R. 7846, the Support
Working Families Act, and provisions related to extending a
number of FFCRA and CARES Act programs for unemployed workers
and state unemployment insurance agencies.
E. Legislative Review of Social Security Issues
1. BILLS ENACTED INTO LAW DURING THE 116TH CONGRESS
a) ALS Disability Insurance Access Act of 2019, S. 578 (P.L. 116-250)
On February 27, 2019, Sen. Sheldon Whitehouse and 39
cosponsors introduced S. 578, ALS Disability Insurance Access
Act of 2019. On December 2, 2020, the Committee on Finance
discharged the bill by Unanimous Consent. On December 2, 2020,
S. 578 passed the Senate without an amendment by Yea-Nay Vote
96-1 (Record Vote Number: 250). On December 8, 2020, the House
agreed by voice vote to suspend the rules and pass S. 578. On
December 22, 2020 S. 578 was signed by the President and became
Public Law No: 116-250.
The ALS Disability Insurance Access Act of 2019 eliminates
the five-month waiting period for Old Age, Survivors, and
Disability Insurance benefits for individuals with amyotrophic
lateral sclerosis. Under current law, individuals must wait
five months after becoming disabled before their disability
insurance benefits may begin.
b) Consolidated Appropriations Act, 2021 (P.L. 116-xx)
On January 3, 2019, Representatives Henry Cuellar and
Vicente Gonzalez introduced H.R. 133, the United States-Mexico
Economic Partnership Act. On January 10, 2019, the House agreed
to suspend the rules and pass H.R. 133 by voice vote. On
January 15, 2020, H.R. 133 passed the Senate, as amended by the
Senate Foreign Relations Committee, by unanimous consent. On
December 21, 2020 the House moved without objection to concur
in the Senate amendment with an amendment striking and
replacing the language with the Consolidated Appropriations Act
of 2021. Amendments to include the Consolidated Appropriations
Act were agreed to by a recorded vote of 327-85 (Roll no. 250)
and 359-53 (Roll no. 251). On December 21, the Senate agreed to
the House amendment to the Senate amendment by Yea-Nay Vote of
92-6 (Record Vote Number: 289). On December 27, 2020, H.R. 133
was signed by the President and became Public Law No. 116-xx.
P.L. 116-xx includes Social Security provisions related to
Social Security Administration death data and improper
payments, as well as the payroll tax deferral.
2. OTHER PROPOSALS DURING THE 116TH CONGRESS
a) H.R. 5306, Know Your Social Security Act, H.R. 5306
On December 5, 2019, Representatives John B. Larson and
Vern Buchanan introduced H.R. 5306, the Know Your Social
Security Act. On December 11, 2019, the Committee on Ways and
Means favorably reported the bill as amended by voice vote (H.
Rept. 116-616).
The Know Your Social Security Act clarifies that SSA must
provide by mail an annual Social Security Statement to all
workers ages 25 and older with covered earnings, who are not
receiving Social Security benefits. The bill provides
individuals the option to receive their annual statement
electronically, rather than by mail, if they prefer to do so.
b) Farm Workforce Modernization Act of 2019, H.R. 5038
On November 12, 2019, Representative Zoe Lofgren and 49
cosponsors introduced the Farm Workforce Modernization Act of
2019. On December 9, 2019, the Judiciary Committee favorably
reported the bill, as amended (H. Rept. 116-328). On December
9, 2019, Chairman Neal and Chairman Nadler exchanged letters in
which Chairman Neal asserted jurisdiction under Rule X but
agreed to discharge the bill. On December 11, 2019, H.R. 5038
passed the House by a recorded vote of 260-165 (Roll no. 674).
The bill includes Social Security-related provision
regarding the immigration status of noncitizen farmworkers.
F. Legislative Review of Oversight Issues
Throughout the 116th Congress, the Committee on Ways and
Means (Committee) held two oversight-related markups--one on a
bill that became Public Law 116-25 and another for
consideration of historical documents--and advanced a robust
oversight agenda.
1. BILLS ENACTED INTO LAW DURING THE 116TH CONGRESS
a) Taxpayer First Act (P.L. 116-25)
On March 28, 2019, Members of the Oversight Subcommittee,
with the Committee Chairman and Ranking Member, introduced H.R.
1957, the Taxpayer First Act of 2019. This bill was sponsored
by Oversight Subcommittee Chairman John Lewis and Ranking
Member Mike Kelly and had 27 cosponsors. The Committee
favorably reported the bill, as amended, on April 2, 2019 (H.
Rept 116-39). The House suspended the rules and passed H.R.
1957, as amended, by a voice vote on April 9, 2019. On June 17,
2019, the Senate considered an amendment to strike the language
passed in the House and replaced the text with the Great
American Outdoors Act. H.R. 1957, as amended, was agreed to by
the Yeas and Nays: 73-25 (Record Vote Number 121).
On June 6, 2019, Members of the Oversight Subcommittee,
with the Committee Chairman and Ranking Member, introduced H.R.
3151, the Taxpayer First Act. This bill was sponsored by
Oversight Subcommittee Chairman John Lewis and Ranking Member
Mike Kelly, had 27 cosponsors, and generally contained the
provisions of H.R. 1957. The House suspended the rules and
passed H.R. 3151 by a voice vote on June 10, 2019. H.R. 3151
was passed by the Senate on June 13, 2019, without amendment,
by a voice vote and was signed into law by the President on
July 1, 2019, becoming Public Law No: 116-25.
Public Law No. 116-25 amends the Internal Revenue Code of
1986 (Code) to modernize and improve the Internal Revenue
Service (IRS) by putting taxpayers first and modernizing
operations for the 21st century. The bill established an
independent appeals process, improved customer service,
protected low-income taxpayers, required sensible enforcement,
and advanced cybersecurity, identity protection, and
information technology.
b) Fostering Undergraduate Talent by Unlocking Resources for Education
Act (P.L. 116-91)
On December 1, 2019, Representative Alma Adams and three
cosponsors introduced H.R. 5363, the Fostering Undergraduate
Talent by Unlocking Resources for Education (FUTURE) Act. On
December 10, 2019, the House agreed to suspend the rules and
pass H.R. 5363 as amended by Yea-Nay Vote 319-96 (Roll no.
659). On December 10th, the Senate passed the House version
without amendment by Voice Vote (CR S6956). On December 19,
2019, H.R. 5363 was signed by the President and became Public
Law No. 116-91.
Public Law No. 116-91 provides permanent funding for
minority-serving institutions and simplifies the federal
student financial aid process. It also streamlines the Free
Application for Federal Student Aid (FAFSA) by requiring the
IRS to share tax information directly with the Department of
Education, eliminating at least 22 questions from the FAFSA
form. In addition, the Act simplifies the process borrowers use
to enroll or recertify their enrollment in income-driven
student loan repayment plans by allowing the IRS to share tax
information with the Department of Education.
c) Increased Funding for the IRS, Consolidated Appropriations Act, 2020
(P.L. 116-93)
On February 13, 2019, Representative Michael McCaul four
cosponsors introduced H.R. 1158, making consolidated
appropriations for the fiscal year ending September 30, 2020,
and for other purposes. On June 10, 2019, the House agreed to
suspend the rules and pass the bill as amended by voice vote.
On September 24, 2019, the Senate passed H.R. 1158 with Senate
Amendment 941 by Unanimous Consent. On December 17, 2019, the
House passed a motion to concur in the Senate amendment to H.R.
1158 with an amendment consisting of the text of the Rules
(Committee Print 116-43 by Yea-Nay Vote 280-138 (Roll No. 690).
On December 17, 2019, the Senate agreed to the House amendment
to the Senate amendment by Yea-Nay vote 81-11 (Record Vote
Number: 428). On December 20, 2019, H.R. 1158 was signed by the
President and became Public Law No. 116-93.
Public Law No. 116-93 increases the IRS's budget by more
than $200 million over FY 2019 levels. In April 2019,
Democratic Members of the Oversight Subcommittee sent a letter
to the House Committee on Appropriations to express strong
support for robust funding and staffing for the IRS in the FY
2020 Financial Services and General Government Appropriations
bill. The IRS received $11.5 billion in FY 2020 funding. On May
9, 2019, the Committee held a hearing entitled ``Understanding
the Tax Gap and Taxpayer Noncompliance'' that focused on, and
supported, the need to sufficiently fund the IRS and ensure for
balanced and fair tax law enforcement.
d) $25 Million Funding for Gun Violence Research, Further Consolidated
Appropriations Act, 2020 (P.L. 116-94)
On March 25, 2019, Representative Bill Pascrell and 103
cosponsors introduced H.R. 1865, to require the Secretary of
the Treasury to mint a coin in commemoration of the opening of
the National Law Enforcement Museum in the District of
Columbia, and for other purposes. On October 28, 2019, the
House agreed to suspend the rules and pass H.R. 1865 as amended
by voice vote. On November 12, 2020, H.R. 1865 passed the
Senate by unanimous consent. On December 17, 2019, the House
passed a motion to concur in the Senate amendment with an
amendment consisting of the text of the Further Consolidated
Appropriations Act of 2020 by the Yeas and Nays: 297-120 (Roll
No. 689). On December 19, 2019, the Senate agreed to the House
amendment to the Senate amendment by Yea-Nay Vote 71-23 (Record
Vote Number: 415). On December 20, 2019, H.R. 1865 was signed
by the President and became Public Law No. 116-94.
Public Law No. 116-94 includes a tax package that
appropriates $25 million for gun violence research, designating
federal research funding for the first time in more than 20
years to study a problem that kills nearly 40,000 Americans
annually. The package provides $12.5 million for each of the
Centers for Disease Control and Prevention and the National
Institutes of Health. The Oversight Subcommittee held two
hearings related to gun violence entitled ``The Public Health
Consequences and Costs of Gun Violence'' and ``How the Tax Code
Subsidizes Hate.''
e) Repeal of Code Section 512(a)(7), Taxpayer Certainty and Disaster
Relief Act of 2019 (P.L. 116-94)
On March 25, 2019, Representative Bill Pascrell and 103
cosponsors introduced H.R. 1865, to require the Secretary of
the Treasury to mint a coin in commemoration of the opening of
the National Law Enforcement Museum in the District of
Columbia, and for other purposes. On October 28, 2019, the
House agreed to suspend the rules and pass H.R. 1865 as amended
by voice vote. On November 12, 2020, H.R. 1865 passed the
Senate by unanimous consent. On December 17, 2019, the House
passed a motion to concur in the Senate amendment with an
amendment consisting of the text of the Further Consolidated
Appropriations Act of 2020 by the Yeas and Nays: 297-120 (Roll
No. 689). On December 19, 2019, the Senate agreed to the House
amendment to the Senate amendment by Yea-Nay Vote 71-23 (Record
Vote Number: 415). On December 20, 2019, H.R. 1865 was signed
by the President and became Public Law No. 116-94.
Public Law No. 116-94 retroactively repeals a provision of
the Tax Cuts and Jobs Act of 2017 (TCJA) that imposed unrelated
business income tax (UBIT) on exempt organizations for
providing parking and transportation benefits to their
employees. In June 2019, the Oversight Subcommittee had
announced and prepared materials for a hearing on repealing
this provision. While the hearing ultimately did not occur due
to scheduling reasons, all testimony and materials were entered
into the record.
2. MATERIALS REPORTED TO THE HOUSE
a) Materials Protected Under Section 6103 of the Code
On July 25, 2019, the Committee voted to go into an
executive session for consideration of confidential tax return
information pursuant to 26 U.S.C. Sec. 6103. The Committee
considered tax return information of President Nixon reviewed
by the Joint Committee on Taxation (JCT) pursuant to Section
6103 in preparation of Senate Report 93-768, ``Staff Report of
the Joint Committee on Internal Revenue Taxation, Examination
of President Nixon's Tax Returns for 1969 through 1972.'' By a
vote of 25 to 10, the Committee submitted materials pertaining
to JCT's review to the House. On August 16, 2019, the Committee
issued H. Rept. 116-186, which discusses the executive session
and the submitted materials.
G. Legislative Review of Multi-Jurisdictional Issues
National Defense Authorization Act for Fiscal Year 2021 (Public Law
number unavailable at time of filing)
On March 26, 2020, Chairman Adam Smith and Ranking Member
Mac Thornberry introduced H.R. 6395, National Defense
Authorization Act for Fiscal Year 2021. On July 9, 2020 the
Committee on Armed Services favorably reported the bill as
amended (H. Rept. 116-442) with a supplemental report filed on
July 16, 2020 (H. Rept. 116-442, Part II). On July 21, 2020,
H.R. 6395 passed the house by the Yeas and Nays: 295-125 (Roll
no. 152). On November 16, 2020, H.R. 6395 passed the Senate
with an amendment in the nature of a substitute by voice vote.
The conference report was filed on December 3, 2020 (H. Rept.
116-617), was agreed to in the House on December 8, 2020 by the
Yeas and Nays: 335-78, 1 Present (Roll no. 238), and agreed to
by Senate on December 11, 2020 by Yea-Nay vote: 84-13 (Record
Vote Number: 264). On December 23, 2020, the President vetoed
H.R. 6395. On December 28, 2020 the House passed the bill, the
objections of the President to the contrary notwithstanding by
the Yeas and Nays (2/3 required): 322-87 (Roll no. 253). On
January 1, 2021 the Senate passed the bill, the objections of
the President to the contrary notwithstanding Yea-Nay Vote 81-
13 (Record Vote Number: 292). With the veto overridden by both
the House and Senate the bill became law.
The House Ways and Means Committee was granted outside
conferee status for the National Defense Authorization Act for
provisions related to the provision of information to states on
undelivered savings bonds, extension of limitations on the
importation of uranium from the Russian federation, a proposal
to create an office of trade and export promotion functions
within the Department of State, and the appointment of privacy
and information security officer within regulatory agencies
including the Internal Revenue Service. Not all provisions for
which the Ways and Means Committee received outside conferee
status were included in the final conference report.
II. OVERSIGHT ACTIVITY REVIEW
A. Oversight Agenda\1\
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\1\House Committee on Ways and Means Oversight Agenda as submitted
to the Clerk of the House on March 1, 2019.
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Matters under the Committee's Federal Budget Jurisdiction
Economic and Budget Outlook. Oversight hearings
and other activities with various Administration officials to
discuss the President's budget proposals, current economic and
budget conditions, and limits on the public debt.
Matters under the Committee's Tax Jurisdiction
Tax Reform. Hearings and other activities related
to comprehensive reform of the tax code to create a fairer,
simpler tax code built for growth. Discuss and consider
appropriate tax relief for families and individuals and
employers of all sizes.
Priorities of the Department of the Treasury.
Hearings with the Treasury Secretary and other Administration
officials to receive information regarding the Administration's
tax-related priorities for the 116th Congress. Specifically,
discuss and consider legislative and administrative proposals
contained in the President's fiscal year 2020 and 2021 budgets.
Tax Provisions Contained in Public Law 115-97.
Hearings and other activities regarding the 2017 tax act (the
Act), including hearings examining the Act's disparate impact
across geographical regions, and the Act's effect on income
inequality, charitable giving, home prices, funding of state
and local governments, the national debt, wage stagnation,
levels of business investment (including changes in the number
of domestic jobs) and stock buybacks. Consider the
international provisions of the Act, and whether those
provisions created incentives for multinational corporations to
move jobs and economic activity offshore and to avoid taxes by
taking advantage of loopholes created by the Act.
Infrastructure. Hearings and other activities
related to robust investment in American infrastructure
directed at modernizing how Americans travel and the American
economy grows, creating good jobs and meaningful economic
development at the local, state, and federal levels.
Examination of provisions within the Committee's jurisdiction
to create jobs in a green economy and invest in underdeveloped
areas, including bond-financing programs and tax credit
incentives.
Internal Revenue Service Operations/Administration
of Tax Laws. Oversight of the major Internal Revenue Service
programs, including enforcement, collection, taxpayer services,
returns processing, and information systems. Continue oversight
over major operating areas of the agency to ensure the nation's
tax laws are being administered in a fair and impartial manner.
Consider analyses and reports provided to the Congress by the
IRS National Taxpayer Advocate, Treasury Inspector General for
Tax Administration (TIGTA), and the Government Accountability
Office (GAO). Oversight of IRS funding and staffing levels
needed to provide taxpayer assistance, enforce the tax law
effectively and efficiently, and to modernize the IRS
information technology systems. Evaluate tax return filing
seasons, including returns processing, availability of taxpayer
services, and the revision of forms and issuance of guidance.
Examine proposals and programs to address the ``tax gap'' and
improve tax law compliance. Discuss proposed funding and
staffing levels for the IRS, and legislative proposals and
administrative proposals contained in the President's fiscal
year 2020 and 2021 budgets.
Tax-Exempt Organizations. Oversight of Federal tax
laws, regulations, and filing requirements that affect tax-
exempt organizations, including new requirements under the Act.
Evaluate overall IRS efforts to provide assistance to and
monitor tax-exempt organizations, identify areas of non-
compliance, prevent abuse, and ensure timely disclosure to the
public about tax-exempt organization activities and finances.
Tax Code Simplification. Oversight of tax code
complexity, particularly for individuals, with the goal of
legislative or administrative simplification. Review areas
where taxpayers and professional return preparers have
difficulty, including areas where they make the most errors,
and consider solutions. Evaluate simplification of information
returns to assist taxpayers in determining taxable income.
Earned Income Tax Credit (EITC). Oversight of the
refundable federal income tax credit designed to assist low to
moderate-income working individuals and families. Evaluate
participation rates and administration of the credit.
Tax Scams and Improper Payments. Oversight of the
latest tax scams and tax fraud activities with a goal of
protecting taxpayers and preventing identity theft. Examine IRS
programs designed to identify and remedy identity theft and tax
fraud. Consult and review analyses of GAO and TIGTA on this
subject.
Federal Excise Taxes and Related Trust Funds.
Oversight review of Federal excise taxes, including credits and
refunds, and the trust funds financed by these taxes.
Pensions and Retirement Security. Oversight review
of the financial condition, operations, and governance of the
Pension Benefit Guaranty Corporation (PBGC), including the
financial exposure of the PBGC.
Tax Returns. Oversight of legislative proposals
and tax law related to Presidential and Vice-Presidential tax
returns.
Matters under the Committee's Health Jurisdiction
Health Reform. Hearings and other activities
related to reform of the health care system to reduce costs,
lower premiums, expand choices, and ensure access to affordable
coverage.
Priorities of the Department of Health and Human
Services. Oversight hearings with the Health and Human Services
Secretary to discuss priorities for the 116th Congress and
concerns related to the delivery of health services and payment
under Medicare. Specifically, discuss and consider legislative
and administrative proposals contained in the President's
fiscal year 2020 budget.
Health Provisions Contained in the ``Affordable
Care Act'' (ACA). Hearings and other activities regarding
various health provisions contained in the Patient Protection
and Affordable Care Act (P.L. 111-148) and the Health Care and
Education Reconciliation Act of 2010 (P.L. 111-152), known
collectively as the ACA. Oversight and other activities related
to ACA health provisions, including its changes to the annual
updates to Medicare Fee-For-Service's payment rates, changes to
Medicare Advantage's payment rates, benefit changes to fee-for-
service and Medicare Advantage, and the Center for Medicare and
Medicaid Innovation.
Medicare Part A and Part B (Fee-for-Service
Providers). Oversight of Medicare to ensure efficient use of
resources, quality of care, and access to providers for
Medicare beneficiaries. Specific topics include: adequacy and
appropriateness of provider payments, including incentive
payments and implementation of reforms to physician payment
systems; program benefits; patient out-of-pocket costs;
workforce supply; treatment of specific populations such as
people with disabilities and low-income beneficiaries; social
determinants of health and health disparities; prescription
drug costs; quality improvement efforts; and waste, fraud, and
abuse activities.
Medicare Advantage. Oversight of Medicare
Advantage health plans, including: enrollment; benefit
packages; quality; beneficiary choice; coding risk adjustment
and payment accuracy; and submission of encounter data and
health risk assessments.
Medicare Part D (Prescription Drug Plans).
Oversight of the Medicare prescription drug program, including:
costs of prescription drugs; beneficiary premiums and cost-
sharing; the risk sharing structure and reinsurance;
improvements to the low income subsidy program; impacts of
recently enacted legislation and regulations on the Part D
program; access to retiree prescription drug coverage; and the
use of Medicare negotiation and competition to lower
prescription drug costs.
Medicare Trust Fund Stewardship. Oversight of
program changes on the Medicare Trust Funds; premium and copay
levels; provider payments; benefit design, and improvements to
the program's long-term sustainability.
CMS Administration. Oversight of CMS, including
issuance of regulations and their impact on Medicare
beneficiaries and providers; the adequacy and use of CMS'
budget and staff; contracting activities; communications with
beneficiaries; adherence to the Administrative Procedure Act;
and general agency accountability.
Private Health Insurance Coverage. Oversight and
review of private health coverage, including: cost, access,
subsidies to purchase insurance, benefit design, coverage
options, pooling mechanisms, and employer-sponsored benefits;
COBRA; HCTC; health savings accounts and flexible spending
arrangements; options to reduce the cost of health coverage,
expand coverage, and address the rate of increase in health
care costs; the impact of the ACA and related regulations on
those with private insurance, the uninsured, employers, the
economy, and state budgets; and adherence to the Administrative
Procedures Act.
Surprise Billing. Oversight of the causes and
consequences of surprise medical bills, state actions to
protect consumers, and federal options to ensure families are
not left unprotected from unanticipated charges by health
providers.
Prescription Drugs. Oversight of the landscape of
federal policies that can be changed to lower prescription drug
prices including tax incentives, payment incentives, and
misaligned incentives among various entities in the health
system, as well as ways to directly lower patient cost as well
as costs overall in health care and costs to taxpayers.
Matters under the Committee's Worker and Family Support Jurisdiction
Work Support. Review proposals designed to better
support low-income families in working and increasing their
earnings so they can escape poverty, including programs and
policies that help parents qualify for, obtain, and retain good
jobs.
Unemployment Compensation. Provide oversight of
the nation's unemployment compensation benefits and financing
systems, including those designed to accelerate returns to
work, and to ensure that they are prepared for future
recessions.
Child Welfare. Provide oversight of the nation's
child welfare programs, including foster care, adoption
assistance, and child and family service programs under Titles
IV-B and IV-E of the Social Security Act. Review state efforts
to promote adoption, provide prevention services, decrease the
inappropriate use of congregate care settings, strengthen
family connections, and successfully address the health and
educational needs of foster children.
Paid Family Leave. Review proposals in the
Committee's jurisdiction to provide paid family leave to
workers in order to improve economic and family outcomes.
Matters under the Committee's Social Security Jurisdiction
Adequacy of benefits and options for strengthening
Social Security. Examine the role of Social Security benefits
in ensuring economic security for retirees, persons with
career-ending disabilities, and survivors; how well the program
is meeting the needs of current and future beneficiaries; and
financing challenges facing Social Security. In addition,
compare and contrast options to strengthen Social Security.
Ability of Social Security Administration (SSA) to
serve the public and effectively administer benefits. Examine
SSA's ability to serve the public in person at local field
offices and hearing offices, as well as by phone and via the
internet; office closures and other barriers to in-person
assistance; and the problems of backlogs and service delays,
including long delays in the disability appeals process.
Evaluate SSA's ability to prevent errors and detect fraud.
Oversee SSA's implementation of recent legislation including
reforms in the representative payment program. Examine the
adequacy of SSA's administrative budget.
Access to earned disability benefits. Examine the
extent to which SSA's policies and procedures ensure due
process and access to benefits for individuals who meet
eligibility criteria in the law.
Information technology, cybersecurity and identity
theft. Oversee SSA's investments in information technology,
including its modernization program, cybersecurity at SSA, and
the prevention of identity theft involving Social Security
numbers.
Matters under the Committee's Trade Jurisdiction
Trade Negotiations. Fully exercise Congress'
constitutional role and oversight responsibilities regarding
existing and new trade negotiations. Ensure the
Administration's compliance with statutory Congressional
notification, consultation, and transparency requirements, with
the goal of concluding meaningful, comprehensive and high-
ambition agreements, with particular focus on: addressing long-
standing structural and competitively consequential challenges
with China; the European Union; Asia-Pacific; and other
relevant trading partners or topical issues. Closely monitor
the withdrawal of the United Kingdom from the European Union to
determine an appropriate approach and timeline for negotiations
concerning a trade agreement with the United Kingdom.
Enforcement. Oversight of enforcement of U.S.
rights under trade agreements, including the World Trade
Organization (WTO) Agreements and bilateral and regional free
trade agreements, to hold U.S. trading partners accountable and
render commitments secured from trading partners meaningful.
Oversight of the implementation of the Trade Facilitation and
Trade Enforcement Act of 2015 to ensure that the new
enforcement tools in the bill are being fully utilized,
particularly with respect to evasion of trade remedies, forced
labor, intellectual property rights violations, currency
policy, and violations of trade agreements. Particular
oversight of enforcement activities related to China's WTO
commitments, as well as continuing barriers imposed by other
countries and economies. 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.
Implemented Trade Agreements and Agreements in the
Process of Implementation. Oversight of implemented agreements
with Colombia; Panama; Peru; Costa Rica, Dominican Republic, El
Salvador, Guatemala, Honduras, and Nicaragua (CAFTA DR); Oman;
Bahrain; Singapore; Chile; Australia; Morocco; Jordan; Canada
and Mexico (NAFTA); and Israel. Oversight of implemented
elements of the agreement with Korea and provisions of the 2018
renegotiation that Korea is still in the process of
implementing. Continued analysis of the impact of these trade
agreements for American workers, companies, ranchers, and
farmers. Identify provisions of such trade agreements that
should be improved or updated.
Miscellaneous Tariff Bill (MTB). Oversight of the
implementation of the procedures set forth in the American
Manufacturing Competitiveness Act of 2016, 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.
Impact of Trade on U.S. Job Creation. Oversight of
the impact of trade on U.S. jobs, wages, and economic growth or
displacement.
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 Administration strategies to
respond to or counteract 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 compliance with its commitments and adoption of norms
reflected in the rules of the WTO; labor and environmental
standards; 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 subsidies to advance industrial
policies; and currency policies. Oversight of enforcement
issues including ensuring that implementation of U.S. trade
remedy laws appropriately accounts for China's state
intervention in its economy.
Preference Programs. Oversight, reform and renewal
of major U.S. trade preference programs, including the
Generalized System of Preferences (expiring December 31, 2020)
and the African Growth and Opportunity Act.
Labor. Oversight and promotion of Administration
efforts to enforce labor obligations in U.S. trade agreements
and to implement the ban on imports produced as a result of
forced labor. Continued oversight of U.S. trade agreements
under which a petition has been filed alleging that the country
is not complying with the labor obligations in the agreement,
including Colombia, Peru, Honduras, and the Dominican Republic.
Environment. Oversight and promotion of
Administration efforts to enforce environmental obligations in
U.S. trade agreements. Continued oversight of the U.S.-Peru
Trade Promotion Agreement which provides for specific,
additional obligations to address forestry management and trade
in illegally harvested timber.
Agriculture. Oversight and promotion of
Administration efforts to enforce provisions relating to and to
remove tariff and unjustified non-tariff barriers to U.S.
agriculture and biotechnology. Continued analysis and
assessment of the benefits of agriculture exports to U.S.
farmers, ranchers, companies, workers, and rural communities,
and the need to increase U.S. agriculture exports.
Manufacturing. Oversight and promotion of
Administration efforts to enforce provisions relating to and
remove tariff and non-tariff barriers to U.S. manufacturing,
with particular focus on effectively addressing global excess
production capacity for steel, aluminum, and other commodities.
Continued analysis and assessment of the impact of
manufacturing exports to U.S. manufacturers and their
employees, and the need to increase U.S. manufacturing exports.
Services. Oversight and promotion of
Administration efforts to enforce provisions relating to and to
remove barriers to the U.S. services sector. Analysis and
assessment of the benefits of services to all sectors of the
U.S. economy and the need to increase U.S. exports. Oversight
over ``covered agreement'' insurance negotiations.
Digital Trade and E-commerce. Oversight regarding
trade barriers faced by U.S. workers, 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 reform proposals, negotiations
(including efforts such as the Environmental Goods Agreement,
Trade in Services Agreement, relating to fisheries subsidies,
e-commerce), the functioning and reform 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 impact of WTO membership for the
United States, including the U.S. experience and record in WTO
dispute settlement, the role of a rules-based system for U.S.
businesses, producers, workers, and consumers, and the cost of
non-compliance or lack of compliance by other WTO members with
WTO rules. 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,
Syria, and Venezuela.
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 and determine the parameters for
effective reform and improvement.
Priorities of the Office of the United States
Trade Representative (USTR). Oversight over USTR to evaluate
priorities for the 116th Congress and the trade agenda, and to
assure its statutory role with respect to trade policy.
Possible consideration of authorization, at the earliest
opportunity. Oversight over trade advisory committees.
Priorities of Customs and Border Protection (CBP).
Oversight over CBP and implementation of Customs revenue
functions. Oversight of the implementation of the Enforce and
Protect Act of 2015 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. Possible consideration of
authorization, at the earliest opportunity.
This list is not intended to be exclusive. The Committee
anticipates that additional oversight hearings and activities
will be scheduled as issues arise and as time permits. Also,
the Committee's oversight priorities and particular concerns
may change as the 116th Congress progresses over the coming two
years.
B. Actions Taken and Recommendations Made With Respect to Oversight
Plan
1. SUBCOMMITTEE ON OVERSIGHT
Actions Taken
FULL COMMITTEE HEARINGS
On May 9, 2019, the Committee received testimony on
``Understanding the Tax Gap and Taxpayer Noncompliance'' from:
(i) The Honorable J. Russell George, Treasury Inspector General
for Tax Administration (TIGTA); (ii) Mr. James R. McTigue,
Director, Tax Issues, Strategic Issues, Government
Accountability Office (GAO); (iii) Dr. Ben Herndon, Chief
Research and Analytics Officer, IRS; and (iv) Mr. Kenneth Wood,
former Deputy Associate Chief Counsel, Office of Chief Counsel
(International), IRS. The Committee examined the $460 billion
gross (and $400 million net after enforcement) tax gap. The
Committee considered the different components of the tax gap,
the opportunity for noncompliance (especially for high-income
taxpayers), and the relationship between the size of the tax
gap and IRS funding and staffing levels.
On May 16, 2019, the Committee received testimony on
``Overcoming Racial Disparities and Social Determinants in the
Maternal Mortality Crisis'' from: (i) The Honorable Robin
Kelly, Member of Congress, 2nd District of Illinois; (ii) The
Honorable Jaime Herrera Beutler, Member of Congress, 3rd
District of Washington; (iii) Ms. Allyson Felix, U.S. Track and
Field Olympian; (iv) Dr. Patrice A. Harris, President-Elect,
American Medical Association; (v) Dr. Michael Lu, Senior
Associate Dean for Academic, Student and Faculty Affairs,
Milken Institute School of Public Health, George Washington
University; (vi) Dr. Melanie Rouse, Maternal Mortality Projects
Coordinator, Virginia Department of Health, Office of the Chief
Medical Examiner; (vii) Dr. Loren Robinson, Deputy Secretary
for Health Promotion and Disease Prevention, Pennsylvania
Department of Health; and (viii) Dr. Lisa M. Hollier, Immediate
Past President and Interim CEO, American College of
Obstetricians and Gynecologists. The Committee examined actions
that could reduce the number of pregnancy-related deaths in the
United States and the range of personal, social, economic, and
environmental factors that lead to women of color being at a
higher risk for pregnancy-related complications.
On February 11, 2020, the Committee received testimony on
``The Disappearing Corporate Income Tax'' from: (i) Jason
Furman, Professor of the Practice of Economic Policy, Harvard
Kennedy School of Government; (ii) Rebecca Kysar, Professor of
Law, Fordham University School of Law; (iii) Chye-Ching Huang,
Director of Federal Fiscal Policy, Center on Budget and Policy
Priorities; and (iv) Douglas Holtz-Eakin, President, American
Action Forum. The Committee examined the impact of the TCJA on
corporate income tax revenues, the deficit, and tax fairness.
SUBCOMMITTEE HEARINGS
On February 7, 2019, the Oversight Subcommittee received
testimony on ``Legislative Proposals and Tax Law Related to
Presidential and Vice-Presidential Tax Returns'' from: (i)
Joseph J. Thorndike, Director of the Tax History Project, Tax
Analysts; (ii) George K. Yin, Professor, University of Virginia
Law School; (iii) Steven M. Rosenthal, Senior Fellow, Urban-
Brookings Tax Policy Center; (iv) Noah Bookbinder, Executive
Director, Citizens for Responsibility and Ethics in Washington;
and (v) Kenneth J. Kies, Managing Director, Federal Policy
Group. The Subcommittee examined the history of tax returns
voluntarily disclosed by Presidents, Vice Presidents, and
candidates running for those offices, as well as the history of
taxpayer confidentiality rules (Section 6103 of the Code) and
present-law exceptions.
On March 7, 2019, the Oversight Subcommittee received
testimony at the ``Hearing with the National Taxpayer Advocate
on the IRS Filing Season'' from Nina E. Olson, National
Taxpayer Advocate. The Subcommittee examined findings from the
National Taxpayer Advocate's 2018 Annual Report to Congress and
discussed legislative recommendations for the 2019 tax return
filing season.
On June 19, 2019, the Oversight Subcommittee planned to
receive testimony on ``Ending the TCJA Tax on Houses of
Worship, Charities, and Nonprofits'' from: (i) David L.
Thompson, Vice President of Public Policy, National Council of
Nonprofits; (ii) Nathan J. Diament, Executive Director for
Public Policy, Union of Orthodox Jewish Congregations of
America; (iii) Andrea Barton Reeves, President and CEO, HARC,
Inc.; (iv) Christopher L. Augostini, Executive Vice President
for Business and Administration, Emory University; and (v) John
Graham, President & CEO, American Society of Association
Executives. While the hearing ultimately did not occur due to
scheduling reasons, all testimony and materials were entered
into the record. On January 8, 2020, Chairman Neal and Chairman
Lewis wrote a letter to the IRS requesting that an expedited
process be established for tax-exempt organizations to obtain
refunds of UBIT paid on parking and transportation.
On September 19, 2019, the Oversight Subcommittee received
testimony on ``How the Tax Code Subsidizes Hate'' from: (i) Mr.
Brandon Wolf, Survivor of the Pulse Nightclub Shooting; (ii)
Mr. Jeff Binkley, Father of Maura Binkley and Founder of
Maura's Voice; (iii) Dr. Sylvia Y. Acosta, CEO, YWCA El Paso
Del Norte Region; (iv) Mr. Marcus S. Owens, Partner, Loeb &
Loeb LLP; and (v) Professor Eugene Volokh, Gary T. Schwartz
Distinguished Professor of Law, UCLA School of Law. The
Subcommittee examined hate crimes, gun violence, and the
exemption from federal tax provided to certain hate groups
under the Code.
On September 26, 2019, the Oversight Subcommittee received
testimony on the ``Public Health Consequences and Costs of Gun
Violence'' from: (i) The Honorable Danny K. Davis, Member of
Congress, 7th District of Illinois; (ii) The Honorable Lucy
McBath, Member of Congress, 6th District of Georgia; (iii) The
Honorable Mike Thompson, Member of Congress, 5th District of
California; (iv) The Honorable Jennifer Longdon, Arizona House
of Representatives (District 24); (v) The Honorable Dr. David
Satcher, Founding Director and Senior Advisor of the Satcher
Health Leadership Institute, Morehouse School of Medicine
(Former Surgeon General of the United States and Director of
the Centers for Disease Control and Prevention); (vi) Dr. Susan
B. Sorenson, Professor of Social Policy, School of Social
Policy & Practice, Senior Fellow in Public Health, Director,
Ortner Center on Violence & Abuse, University of Pennsylvania;
(vii) Dr. Laurie J. Punch, Trauma Surgeon, Barnes-Jewish
Hospital & Associate Professor of Surgery, Washington
University School of Medicine; and (viii) Dr. Morissa Henn,
Community Health Program Director, Intermountain Healthcare.
The Subcommittee examined gun violence as a public health
concern, as well as the health care costs, social consequences,
and economic consequences of gun violence.
On October 13, 2020, the Oversight Subcommittee received
testimony on ``Taxpayer Fairness'' from: (i) Ambassador Norm
Eisen (ret.), Senior Fellow, Brookings Institution; (ii)
Kathleen Clark, Professor of Law, Washington University in St.
Louis School of Law; (iii) Leandra Lederman, Professor of Law,
Indiana University Maurer School of Law; (iv) Steven M.
Rosenthal, Senior Fellow, Urban-Brookings Tax Policy Center;
and (v) Andy S. Grewal, Professor & Joseph. F. Rosenfield
Fellow in Law, The University of Iowa College of Law. The
Subcommittee examined overall voluntary compliance, a recent
New York Times series on issues related to the President's tax
compliance, and inequities in the enforcement of our tax laws.
On October 20, 2020, the Oversight Subcommittee received
testimony on ``Maximizing Health Coverage Enrollment'' from:
(i) The Honorable Marlene Caride, Commissioner, New Jersey
Department of Banking and Insurance; (ii) Kevin N. Patterson,
Chief Executive Officer, Connect for Health Colorado; (iii)
Andy Slavitt, Board Chair, United States of Care; and (iv)
Chris Pope, Senior Fellow, Manhattan Institute. The
Subcommittee examined the significance of maximizing enrollment
in quality affordable health coverage and state actions
implementing the Affordable Care Act (ACA) and its provisions
to expand access to coverage and increase affordability.
On November 20, 2020, the Oversight Subcommittee received
testimony at the ``Hearing with the IRS Commissioner'' from the
Honorable Charles P. Rettig, IRS Commissioner. The Subcommittee
examined overall operations of the IRS and the impact of the
coronavirus pandemic on IRS operations.
INVESTIGATIONS
a) Mandatory Audit Program for Presidential Tax Returns
As noted above, the Oversight Subcommittee held hearings
relating to Presidential tax returns on February 7, 2019, and
October 13, 2020, and the Committee reviewed Presidential tax
return information in executive session on July 25, 2019.
Additionally, during the 116th Congress, the Committee
considered legislative proposals and conducted oversight
concerning the IRS's mandatory audit program for the returns of
a sitting President and Vice President. Those efforts are still
ongoing because of the Administration's refusal to provide the
Committee with requested documents throughout this Congress.
Among other things, the Committee has sought to determine
whether legislative changes are necessary to ensure that the
IRS is able to treat a sitting President--the head of the
Executive Branch--like any other taxpayer.
This work also relates to the Committee's ongoing efforts
to increase transparency regarding the tax returns of sitting
Presidents, Vice Presidents, and candidates for those offices.
Specifically, Title X of H.R. 1, the For the People Act of
2019, which passed the House on March 8, 2019, mandates that
the President, the Vice President, and candidates for President
and Vice President must publicly disclose income tax returns
for 10 years.
In addition to the Committee and Oversight Subcommittee
holding various hearings and an executive session where these
issues were raised, the Committee Chairman also requested
certain documents under 26 U.S.C. Sec. 6103 from Treasury and
initiated litigation that is pending in federal court.
Noteworthy oversight activities include:
1. April 3, 2019: Chairman Neal sent a letter to the IRS
requesting the President's tax returns and return information
under Section 6103 of the Code.
2. April 13, 2019: Chairman Neal sent a follow-up letter to
the IRS reiterating his Section 6103 request for the
President's tax returns and return information.
3. May 10, 2019: Chairman Neal sent subpoenas to IRS
Commissioner Rettig and Secretary Mnuchin for the President's
tax returns and return information.
4. June 10, 2019: Oversight Subcommittee staff received a
briefing from Treasury and IRS officials and asked hundreds of
questions about the mandatory audit program, most of which went
unanswered.
5. June 28, 2019: Chairman Neal sent a letter to Treasury
and the IRS regarding concerns raised by the June 10 briefing.
6. July 2, 2019: The Committee filed a lawsuit in federal
court.
7. September 30, 2020: Chairman Pascrell sent a letter to
the President urging him to release his tax returns.
8. September 30, 2020: Chairman Pascrell sent a letter to
IRS Commissioner Rettig urging him to comply with Chairman
Neal's April 3, 2019, request and inviting him to testify
before the Subcommittee.
b) IRS Operations
In addition to the Committee and Subcommittee hearings
listed above on IRS operations, the Committee and Oversight
Subcommittee have conducted regular oversight of IRS
operations, including tax administration, agency funding and
staffing, and the tax return filing season.
With respect to the review of IRS operations due to a lapse
in the FY 2019 appropriations for Treasury, relevant oversight
activities include:
1. January 4, 2019: Chairman Neal wrote to Treasury and the
IRS regarding the impact of the lapse in funding (the partial
government shutdown) and the furlough of 70,000 employees on
the IRS's preparedness for the upcoming filing season.
2. January 29, 2019: Chairman Lewis and Ranking Member
Kelly wrote to the IRS seeking immediate guidance for taxpayers
who were unable to receive assistance during the partial
government shutdown.
3. November 21, 2019: Chairman Lewis and Appropriations
Subcommittee on Financial Services and General Government
Chairman Quigley wrote to the IRS regarding the GAO opinion
that the IRS violated the Anti-Deficiency Act.
With respect to the review of 2019 income tax return filing
season issues, relevant oversight activities include:
1. February 12, 2019: Chairman Lewis and Representative Chu
wrote to Treasury and the IRS regarding incorporating the tax
changes in the TCJA into withholding calculations.
2. February 14, 2019: Chairman Neal and Chairman Lewis
wrote to the IRS regarding the usability of the ``postcard''
1040 and its schedules.
3. February 27, 2019: Chairman Neal and Chairman Lewis sent
a letter following up on the February 14, 2019 request.
4. May 9, 2019: Chairman Neal, Ranking Member Brady,
Chairman Lewis and Ranking Member Kelly wrote to Treasury
regarding the Free File Program.
5. October 28, 2019: Chairman Lewis and Ranking Member
Kelly wrote to the IRS regarding the MITRE Corporation's review
of the IRS's development of the ``postcard'' 1040.
The pandemic impacted the ability of taxpayers, tax
practitioners, and the IRS to operate during the tax return
filing season and 2020. With respect to the review of the
impact of the pandemic on IRS operations, relevant oversight
activities include:
1. March 10, 2020: Chairman Neal, Chairman Lewis and 23
Committee Members wrote to the IRS requesting evaluation of the
extension of the tax return filing season.
2. March 19, 2020: Chairman Neal wrote a letter to Treasury
regarding the extension of the April 15 tax deadline.
3. March 25, 2020: Chairman Lewis sent a letter to the IRS
asking the agency to require private debt collectors to stop
calling taxpayers and sending notices during the pandemic.
4. April 25, 2020: Chairman Neal and Chairman Lewis issued
a press release providing that the IRS should not require
employees to return to work until the IRS provides necessary
personal protective equipment (PPE).
5. June 11, 2020: Chairman Neal and Chairman Lewis wrote to
the IRS regarding the issuance of balance due notices and
requesting consideration of penalty waivers.
6. June 25, 2020: Chairman Neal sent a letter to TIGTA
requesting a review of the issuance of balance due notices.
7. August 19, 2020: Chairman Neal sent a letter to the IRS
regarding erroneous notices issued to taxpayers and requested
that notices be held until the backlog in the IRS's unopened
mail is addressed.
8. October 22, 2020: Chairman Neal and Chairman Pascrell
wrote a letter to the IRS regarding current backlogs and
readiness for the upcoming filing season in 2021.
Other issues related to IRS operations and tax
administration were addressed with the following relevant
oversight activities:
1. June 3, 2019: Chairman Neal wrote to the IRS requesting
guidance on certain federal tax laws related to family and
medical leave.
2. July 19, 2019: Chairman Neal and Chairman Lewis wrote to
the IRS regarding sharing tax information related to
citizenship with Immigration and Customs Enforcement and other
agencies.
3. October 24, 2019: Chairman Lewis and Ranking Member
Kelly wrote to the IRS regarding the IRS private debt
collection program.
4. June 1, 2020: Chairman Neal wrote to Treasury requesting
information regarding high-income non-filers' tax compliance in
follow up to a TIGTA report.
5. October 20, 2020: Chairman Pascrell and the Subcommittee
Democratic Members wrote to Treasury requesting action to
address the erroneous revocation notices sent to more than
30,000 nonprofit organizations.
6. November 3, 2020: Chairman Pascrell and the Subcommittee
Democratic Members wrote to Treasury and the IRS regarding the
implementation of the Schedule F Executive Order 13957 signed
by the President on October 21, 2020.
c) Economic Impact Payments
As noted above, on November 20, 2020, the Oversight
Subcommittee heard testimony from the IRS Commissioner
regarding the impact of the coronavirus pandemic on IRS
operations. In addition to holding this hearing, the Oversight
Subcommittee has conducted robust oversight of the IRS's work
to administer pandemic-related relief. In March 2020, Congress
passed the Coronavirus Aid, Relief, and Economic Security
(CARES) Act, which authorized the IRS to issue ``stimulus
checks,'' or economic impact payments (EIPs), to hundreds of
millions of Americans. Since March, the Oversight Subcommittee
has conducted oversight of the IRS's efforts to issue these
payments and resolve constituents' questions or issues.
Importantly, the Oversight Subcommittee has sought to ensure
that the most vulnerable Americans are not left behind by the
IRS's payment efforts. Relevant oversight activities include:
1. March 31, 2020: Chairman Neal sent a letter to the Free
File Alliance requesting that the Alliance help non-filers
access EIPs.
2. March 31, 2020: Chairman Neal called on Treasury to
issue EIPs automatically to Social Security and Veterans
Affairs (VA) beneficiaries and recipients of Supplemental
Security Income (SSI) and not require them to file any
additional tax forms. Following Chairman Neal's request, on
April 1, 2020, Treasury announced that Social Security
beneficiaries would automatically receive EIPs.
3. April 3, 2020: Chairman Neal, Chairman Takano, and
Chairman Davis sent a letter urging Treasury and the IRS to
automatically send EIPs to recipients of SSI and VA benefits.
Following the Chairmen's request, on April 15, 2020, the IRS
announced that SSI recipients would automatically receive EIPs.
On April 17, 2020, the IRS announced that recipients of VA
benefits also would receive EIPs automatically.
4. April 15, 2020: Chairman Lewis and Chairman Thompson
sent a letter to Treasury regarding reports that paper checks
were being delayed so that Treasury could print the President's
name on the checks.
5. April 21, 2020: Chairman Lewis and Chairman Thompson
sent a letter to Treasury on direct deposit issues that caused
stimulus payments to be returned to Treasury.
6. April 21, 2020: Chairman Larson and Chairman Davis sent
a letter to Treasury requesting that Social Security and
Railroad Retirement Board beneficiaries be given additional
time to register dependents on the non-filer portal.
7. April 30, 2020: Chairman Neal sent a letter to request
that the IRS promptly reschedule a public EIP briefing that the
IRS abruptly canceled.
8. May 28, 2020: Oversight Subcommittee Democratic Members
sent a letter to Treasury demanding answers on the use of
prepaid debit cards to deliver EIPs.
9. May 28, 2020: Chairman Neal and Chairman Lewis sent a
letter to request weekly reports from Treasury on the delivery
of EIPs.
10. June 8, 2020: Chairman Neal and Chairman Pallone sent a
letter to the Centers for Medicare & Medicaid Services (CMS)
requesting that action be taken to prevent nursing homes and
assisted living facilities from seizing residents' EIPs.
11. July 1, 2020: Chairman Neal and Chairman Lewis sent a
letter to the IRS urging the agency to take all steps necessary
to ensure Americans would not have to wait until 2021 to
receive the full EIP amounts for which they are eligible.
12. July 17, 2020: Chairman Davis, together with Members of
the Congressional Black Caucus, sent a letter to the IRS
regarding EIPs for incarcerated individuals.
13. July 27, 2020: Chairman Neal and Ranking Member Wyden
sent a letter to Treasury and the IRS regarding outstanding EIP
issues and the need for improved taxpayer assistance.
14. August 10, 2020: Chairman Neal and Representative
Slotkin sent a letter to the IRS requesting more taxpayer
assistance to resolve EIP issues.
15. August 27, 2020: Chairman Neal, Representative Hayes,
and other Democratic House Members sent a letter to the IRS
requesting improved taxpayer assistance regarding EIPs.
16. September 10, 2020: Chairman Neal sent a letter to the
IRS urging the agency to begin mailing letters to non-filers
who had not yet registered for EIPs.
17. October 5, 2020: Chairman Davis, together with Members
of the Congressional Black Caucus, sent a letter to Treasury
regarding EIPs for incarcerated individuals.
18. December 3, 2020: Democrats on the Committee sent a
letter to the IRS urging the agency to continue working EIP
cases through December 31, 2020, and requesting that they keep
the IRS mailbox for congressional offices open through the next
filing season.
d) Paycheck Protection Program
Another key component of the CARES Act was the Paycheck
Protection Program (PPP), which authorized loans for small
businesses affected by the coronavirus pandemic. In a joint
effort with the Committee on Financial Services and Committee
on Small Business, the Committee requested and received
information on the more than 5 million PPP loans. The Oversight
Subcommittee reviewed this information and provided reports on
relevant district- and state-level data to each Committee
Member. Relevant oversight activities include:
1. June 13, 2020: Chairman Neal, Chairwoman Velazquez, and
Chairwoman Waters sent a letter to Treasury and the Small
Business Administration (SBA) requesting PPP loan data.
2. July 28, 2020: Chairman Neal, Chairwoman Waters, and
Chairwoman Velazquez sent a letter to Treasury and SBA
regarding PPP loans and minority-owned businesses.
e) Other Coronavirus Pandemic Response
In addition to hearing from Commissioner Rettig on the
IRS's COVID-19 relief efforts on November 20, 2020, the
Committee has conducted additional oversight regarding the
federal government's response to the coronavirus pandemic,
including PPE shortages, the safety of federal employees,
expanding access to health coverage, taxpayer protections, and
the distribution of funds available under the CARES Act to
health care providers. Relevant oversight activities include:
1. March 27, 2020: Chairman Neal, Chairman Scott, Ranking
Member Wyden, Ranking Member Murray, and Representative Sanchez
sent a letter to the Department of Education to request the
return of all amounts garnished from federal tax refunds for
unpaid student loan debt during the filing season.
2. April 1, 2020: Chairman Neal sent a letter to Vice
President Pence regarding the shortage of PPE affecting health
care providers and states.
3. April 2, 2020: Chairman Neal sent a letter to the
Department of Labor (DOL) regarding additional funding for
states to deal with soaring unemployment claims because of the
COVID-19 pandemic.
4. April 3, 2020: Chairman Neal, Chairman Pallone, Chairman
Scott, Ranking Member Wyden, and Ranking Member Murray sent a
letter to Vice President Pence and the Department of Health and
Human Services (HHS) requesting the establishment of a special
enrollment period in the ACA Marketplaces in response to COVID-
19.
5. April 10, 2020: Chairman Neal and Representative DelBene
sent a letter to Treasury and the IRS requesting that they use
their disaster authority to provide relief related to the
development of affordable rental housing.
6. April 13, 2020: Chairman Neal, Chairman Pallone,
Chairman Scott, Ranking Member Wyden, and Ranking Member Murray
sent a letter to HHS, Treasury, and DOL requesting the
establishment of a special enrollment period in the ACA
Marketplaces as well as requesting information about other
actions that could support consumers secure health coverage
amidst the pandemic.
7. May 7, 2020: Chairman Neal and Chairman Pallone sent a
letter to HHS and CMS concerning the methodology and
distribution of COVID-19 funds to health care providers.
8. May 28, 2020: Chairman Neal sent a letter to Vice
President Pence concerning outstanding requests the Committee
sent to the Administration regarding the coronavirus pandemic.
9. June 15, 2020: Chairman Neal, Chairman Pallone, Chairman
Scott, Ranking Member Wyden, and Ranking Member Murray sent a
letter to CMS and HHS regarding information associated with
special enrollment periods.
10. July 7, 2020: Chairman Neal, Chairman Pallone, Chairman
Scott, Ranking Member Wyden, and Ranking Member Murray sent a
letter to HHS, Treasury, and DOL regarding implementation of
the CARES Act and insurance coverage for COVID-19 testing.
11. July 27, 2020: Chairman Neal sent a letter to HHS
regarding CDC data collection from hospitals related to COVID-
19.
12. July 31, 2020: Chairman Neal and Representative
Pressley sent a letter to Treasury regarding racial inequities
in the implementation of the CARES Act and administration of
the Code.
13. August 4, 2020: Chairman Neal, Chairman Nadler, and
Chairwoman Lofgren sent a letter to the Department of State,
Department of Homeland Security, and DOL regarding restrictions
placed on certain health care workers and researchers needed
amidst the pandemic.
14. September 15, 2020: Chairman Neal sent a letter to HHS
concerning the process associated with the revision and
publication of certain public health reports associated with
COVID-19.
15. September 24, 2020: Chairman Neal and Chairman Pascrell
sent a letter to HHS regarding the decision not to send
reusable face masks to Americans.
16. November 2, 2020: Chairman Pascrell, Chairman Doggett,
Chairman Davis, and Chairman Blumenauer sent a letter to the
Office of Personnel Management regarding steps being taken to
protect federal employees amidst the pandemic.
f) Opportunity Zones
In addition to holding various hearings at which the
impacts of the TCJA were discussed, during the 116th Congress,
the Committee conducted oversight of ``opportunity zones,''
which are designated areas created under the TCJA in which
investors can invest capital gains and receive favorable tax
treatment. Opportunity zones have received a lot of attention
in recent years due to concerns that there are few guardrails
in place to ensure that investments are benefiting the
communities in which they are located. The Oversight
Subcommittee has sought to determine whether this program
unduly benefits wealthy investors and whether legislative
changes are necessary to improve the program. Relevant
oversight activities include:
1. October 29, 2019: Chairman Lewis and Chairman Thompson
led a bipartisan roundtable for Committee Members on
opportunity zones. Witnesses included: (i) Brett Theodos,
Senior Fellow, Urban Institute; (ii) David Phinney, wine
entrepreneur and owner of Savage & Cooke; (iii) John Persinger,
CEO, Erie Downtown Development Corporation; and (iv) John
Lettieri, President and CEO, Economic Innovation Group.
2. November 4, 2019: Chairman Neal, Ranking Member Wyden,
Chairman Lewis, and Senator Booker wrote a letter to GAO
requesting a study on the effectiveness of opportunity zones,
zone designations, and compliance.
3. November 4, 2019: Chairman Neal and Ranking Member Wyden
sent a letter to Treasury regarding the opportunity zone
designation process.
g) Maternal Mortality
In addition to the hearing held by the Committee on May 16,
2019, the Committee, on a bipartisan basis, conducted oversight
related to federal efforts to address the maternal mortality
crisis. On May 21, 2019, Chairman Neal and Ranking Member Brady
sent letters to HHS and GAO requesting a comprehensive review
of programs and models related to maternal mortality, as well
as an analysis of relevant data.
h) ACA Implementation
In addition to the October 20, 2020 hearing on ``Maximizing
Health Coverage Enrollment,'' the Committee conducted oversight
regarding how federal agencies have implemented various
provisions of the ACA, including matters related to coverage
options that do not provide comprehensive benefits, outreach
and enrollment, and nondiscrimination protections. In addition
to the hearing noted above, relevant oversight activities
include:
1. January 8, 2019: Chairman Neal, Chairman Scott, Chairman
Pallone, Ranking Member Wyden, and Ranking Member Murray sent a
letter to HHS, Treasury, DOL, and the Office of Management and
Budget requesting information on the final regulation expanding
the availability of short-term, limited-duration insurance
plans.
2. January 10, 2019: Chairman Neal, Chairman Scott,
Chairman Pallone, Ranking Member Wyden, and Ranking Member
Murray sent a letter to HHS and CMS regarding how the
Administration utilizes user fees to support ACA Marketplaces.
3. January 14, 2019: Chairman Neal, Chairman Scott,
Chairman Pallone, Ranking Member Wyden, Ranking Member Murray,
and Ranking Member Casey sent a letter to Treasury and HHS
regarding the effects of the government shutdown on consumers
enrolled in Marketplace coverage.
4. April 8, 2019: Chairman Neal, Chairman Cummings,
Chairman Pallone, Chairman Scott, and Chairman Nadler sent
letters to HHS, CMS, the Department of Justice (DOJ), and the
White House Counsel requesting documents related to the
decision not to defend the ACA.
5. June 4, 2019: Chairman Neal and Chairman Pallone sent a
letter to CMS regarding efforts to expand direct enrollment
through the Federal Marketplace.
6. June 13, 2019: Chairman Neal, Chairman Pallone, and
Chairman Scott wrote a letter to HHS and CMS regarding proposed
policies related to Marketplace enrollment and the
affordability of premiums.
7. June 28, 2019: Chairman Neal, Chairman Pallone, and
Chairman Scott sent a follow-up letter to CMS concerning the
June 13, 2019 letter.
8. July 1, 2019: Chairman Neal, Chairman Pallone, and
Chairman Scott sent a letter to Treasury regarding proposed
policies related to Marketplace enrollment and the
affordability of premiums.
9. November 21, 2019: Chairman Neal, Chairman Pallone,
Chairman Scott, Ranking Member Wyden, and Ranking Member Murray
wrote a letter to HHS and CMS regarding technical failures on
HealthCare.gov.
10. December 13, 2019: Chairman Neal, Chairman Pallone,
Ranking Member Murray, and Ranking Member Wyden wrote a letter
to HHS and CMS regarding efforts by Idaho's state-based
Marketplace to offer plans that do not meet the ACA's consumer
protection requirements.
11. December 17, 2019: Chairman Neal wrote a letter to the
HHS Acting Inspector General regarding technical difficulties
related to the HealthCare.gov and Medicare.gov websites.
12. December 17, 2019: Chairman Neal and the Democratic
Members of the Committee wrote a letter to HHS and CMS
regarding the technical difficulties for consumers enrolling on
HealthCare.gov.
13. May 1, 2020: Chairman Neal, Chairman Pallone, Chairman
Scott, and Chairwoman Maloney sent a letter to HHS concerning
regulatory changes affecting nondiscrimination protections
under the ACA.
14. July 8, 2020: Chairman Neal, Chairman Pallone, Chairman
Scott, and Chairwoman Maloney sent a letter to HHS concerning
regulatory changes affecting nondiscrimination protections
under the ACA.
15. September 16, 2020: Chairman Neal, Chairman Pallone,
Chairman Scott, Ranking Member Wyden, and Ranking Member Murray
sent a letter to HHS, CMS, Treasury, and IRS concerning
Georgia's waiver request under Section 1332 of the ACA.
i) Foster Care Nondiscrimination Requirements
During the 116th Congress, the Committee became aware of a
waiver that was granted to South Carolina by HHS. The waiver
allowed an exemption from HHS regulations that prohibit
discrimination in the state's child welfare system. In
response, Oversight Subcommittee Chairman John Lewis and Worker
and Family Support Subcommittee Chairman Danny K. Davis,
requested an investigation into the Administration's decision
to grant this waiver. The investigation included: a bipartisan
request for an independent analysis from the GAO; requests for
information from HHS, state officials in South Carolina and
Texas, Miracle Hill Ministries (Miracle Hill), and leading
child welfare and nondiscrimination experts; and a review of
relevant documents and communications.
On August 19, 2020, the Committee released a Majority staff
report with its findings and recommendations. The staff report
found many issues of concern, including: HHS granted a waiver
to South Carolina that was improper and unprecedented, the
waiver violates the statutory mandate to act in the best
interest of the child, the waiver disproportionately harms
LGBTQ foster youth, and the waiver set a precedent for
discrimination and harm to individuals outside of South
Carolina. The staff report recommended the following: (i) HHS
should immediately withdraw the South Carolina waiver to ensure
the safety and protection of children; (ii) HHS should consult
with internal and external child welfare experts and publish
their comments before making major policy changes not mandated
by Congress; (iii) HHS must provide Congress with requested
materials for the purpose of its ongoing review of the waiver
process and oversight of agency actions; and (iv) HHS should
ensure that publicly funded grants do not fund discrimination
against individuals based on organizational beliefs.
In connection with this investigation, relevant oversight
activities include:
1. March 21, 2019: Chairman Lewis and Chairman Davis sent a
letter to HHS senior officials in the Office of Civil Rights
and the Administration for Children and Families. The staff
report included certain documents produced by HHS to the
Committee as an Appendix.
2. April 15, 2019: Chairman Lewis and Chairman Davis wrote
a letter to GAO regarding waivers from nondiscrimination
requirements in the child welfare system. The Ranking Members
of the Oversight and Worker and Family Support Subcommittees
subsequently joined this request in a letter dated May 30,
2019. The staff report included GAO's response, publicly
released on November 25, 2019, entitled ``Various HHS Offices
Provided Input on Decision to Grant Exception from Religious
Nondiscrimination Requirement'' as an Appendix.
3. May 1, 2019: Chairman Lewis and Chairman Davis sent
letters to South Carolina and Texas state officials, as well as
to Miracle Hill, concerning nondiscrimination requirements in
the child welfare system.
4. July 11, 2019: Chairman Lewis and Chairman Davis sent
letters to the following child welfare and nondiscrimination
experts--The American Academy of Pediatrics, The American Civil
Liberties Union, Americans United for Separation of Church and
State, The Children's Defense Fund, The Center for the Study of
Social Policy, The Child Welfare League of America, FosterClub,
Family Equality, The Religious Action Center of Reform Judaism,
South Carolina Equality Inc., Voice for Adoption, and the
Williams Institute. The staff report included the responses
received from these experts as an Appendix.
j) General Health
In addition to the hearings described above, the Committee
conducted oversight with respect to health care matters under
its jurisdiction over the course of the 116th Congress.
Relevant oversight activities include:
1. January 9, 2019: Chairman Neal and Ranking Member Brady
wrote a letter to CMS encouraging opportunities for public
input throughout model development.
2. January 22, 2019: Chairman Neal wrote a letter to CMS
regarding the use of anti-psychotics in nursing homes.
3. May 22, 2019: Chairman Neal, Chairman Lewis, and
Chairman Larson wrote a letter to the Social Security
Administration (SSA) and CMS regarding Medicare Advantage and
Medicare Part D members not having premiums withheld for
several months.
4. May 22, 2019: Chairman Neal wrote a letter to the Office
of Inspector General of the Department of Housing and Urban
Development (HUD) requesting an investigation of related party
transactions among all Section 232 nursing homes.
5. May 22, 2019: Chairman Neal wrote a letter to HUD
regarding the Office of Residential Care Facilities exempting
Section 232 nursing homes from Real Estate Assessment Center
inspections.
6. May 24, 2019: Chairman Neal wrote a letter to HHS
regarding the pending electronic transaction standards for
health care attachments.
7. May 24, 2019: Chairman Neal wrote a letter to HHS on the
Administration's notification of enforcement regarding HIPAA
Civil Money penalties.
8. December 10, 2019: Chairman Neal, Chairman Pallone,
Ranking Member Walden, and Ranking Member Brady sent a letter
to CMS regarding the Medicare Plan Finder generating incorrect
results.
9. September 30, 2020: Subcommittee Chairman Pascrell and
Chairman Doggett sent a letter to HHS on the potential plan to
send Medicare beneficiaries prescription drug coupon cards.
10. October 13, 2020: Chairman Neal, Chairman Pallone, and
Ranking Member Wyden wrote a letter to HHS and GAO regarding
the President's consideration of drug discount cards.
11. October 20, 2020: Chairman Neal, Chairman Pallone, and
Ranking Member Wyden sent a letter to HHS following up on their
October 13, 2020 letter.
k) Other Matters Under the Committee's Jurisdiction
The Committee has broad jurisdiction over many policy areas
and programs that touch millions of Americans. With respect to
oversight of these areas, relevant activities include:
1. January 10, 2019: Chairman Neal sent a letter to
Treasury regarding companies that were previously majority
owned by Russian oligarch Oleg Deripaska.
2. June 28, 2019: Chairman Neal, Chairman Lewis, and
Chairman Larson wrote a letter to SSA regarding the decision to
resume mailing no match letters.
3. November 21, 2019: Chairman Lewis, Chairman Larson,
Chairman Davis, and Appropriations Subcommittee on Labor,
Health, Human Services, and Education Chairwoman DeLauro wrote
a letter to SSA regarding information associated with telework
options.
4. December 9, 2019: Committee Democrats sent a letter to
HHS regarding the enforcement of nondiscrimination laws.
5. April 10, 2020: House Committee leaders, including
Chairman Neal, sent a letter to the DOJ Inspector General about
the independence of inspectors general.
6. May 1, 2020: Chairman Neal and Committee Democrats sent
a letter to Treasury and HHS regarding COVID-19 dollars being
distributed to federally recognized tribal governments.
7. June 24, 2020: Chairman Neal sent a letter to the Office
of the United States Trade Representative (USTR) regarding
potential misconduct by agency officials.
8. July 1, 2020: Chairman Neal and Representative Murphy
sent a letter to DOL regarding Floridians seeking unemployment
benefits during the COVID-19 pandemic.
9. July 15, 2020: Chairman Neal sent a letter to USTR
following up on the June 24, 2020 inquiry regarding potential
misconduct by agency officials.
10. July 15, 2020: Chairman Neal sent letters to TIGTA and
the IRS regarding a potential violation of Section 7217 of the
Code by the President.
11. October 13, 2020: Chairman Neal and Chairman Pallone
sent a letter to Treasury regarding the withholding of certain
reimbursements to the New York Fire Department World Trade
Center Health Program. On October 22, 2020, Treasury informed
Chairman Neal and Chairman Pallone that such payments would no
longer be subject to offset for unrelated federal debts owed by
New York City.
12. October 28, 2020: Subcommittee Chairman Pascrell and
other House Committee leaders sent a letter to the DOJ
Inspector General and the Acting Inspector General of the
Intelligence Community regarding decisions associated with the
President's finances.
13. November 10, 2020: Chairman Neal and other House
Committee leaders sent a letter to numerous federal agencies
regarding record retention pertaining to the outgoing
Administration.
14. November 23, 2020: Chairman Neal sent a letter to the
General Services Administration urging the Administrator to
immediately ascertain the results of the 2020 Presidential
Election and allow the transition process to proceed.
15. November 25, 2020: Chairman Neal and other House
Committee leaders sent a letter to 61 federal agencies
requesting information on conversions of political appointees
to civil service positions.
16. November 30, 2020: Chairman Pascrell, Chairman Doggett,
and Chairman Davis sent a letter to HHS opposing a proposed
rule that would improperly sunset certain regulations.
2. SUBCOMMITTEE ON TRADE
Actions Taken
FULL COMMITTEE HEARINGS
On February 27, 2019, the Committee held a hearing on
``U.S.-China Trade,'' with Ambassador Lighthizer as the sole
witness at the hearing.
On June 19, 2019, the Committee held a hearing on the
``2019 Trade Policy Agenda: Negotiations with China, Japan, the
EU, and UK; new NAFTA/USMCA; U.S. Participation in the WTO; and
other matters,'' with Ambassador Lighthizer as the sole witness
at the hearing.
On February 26, 2020, the Committee held a hearing on
``U.S.-China Trade and Competition.'' Witnesses included Tim
Stratford, Managing Partner in Covington & Burling LLP's
Beijing office and the former Assistant U.S. Trade
Representative for China Affairs from 2005-10; Thea Lee, the
President of the Economic Policy Institute and a commissioner
on the U.S.-China Economic and Security Review Commission; L.
Rafael Reif, the President of the Massachusetts Institute of
Technology; Owen Herrnstadt, the Chief of Staff to the
International President of the International Association of
Machinists and Aerospace Workers; Tim Dufault of Dufault Farms
in Crookston, MN; and Richard Guebert, Jr., the President of
the Illinois Farm Bureau.
On June 17, 2020, the Committee held a hearing on the
``2020 Trade Policy Agenda,'' with Ambassador Lighthizer as the
hearing's sole witness.
SUBCOMMITEE HEARINGS
On March 27, 2019, the Subcommittee on Trade held a hearing
on ``Trade and Labor: Creating and Enforcing Rules to Benefit
American Workers,'' in which Members and witnesses discussed
the labor provisions in the renegotiated NAFTA, among other
issues. Witnesses included Celeste Drake, Trade and
Globalization Policy Specialist at the AFL-CIO; Shane Larson,
Director of Legislation, Politics and International Affairs at
the Communication Workers of America (CWA); Josh Nassar,
Legislative Director at the United Auto Workers (UAW); Holly
Hart, Assistant to the International President at the United
Steelworkers (USW); Steve Catanese, President of the Local 668
Chapter of the Service Employees International Union (SEIU) in
Pennsylvania; Thea Lee, President at the Economic Policy
Institute (EPI); and Susan Monteverde, Vice President for
Government Relations at the American Association of Port
Authorities (AAPA).
On May 22, 2019, the Subcommittee on Trade held a hearing
on ``Enforcement in the New NAFTA'' to hear from witnesses on
the enforcement provisions in the renegotiated NAFTA. Witnesses
included Beth Baltzan, Principal at American Phoenix Trade
Advisory Services PLLC; Owen Herrnstadt, Chief of Staff to the
International President of the International Association of
Machinists and Aerospace Workers; Sandra Polaski, an
independent expert and the former Deputy Director-General for
Policy at the International Labor Organization; Alexander von
Bismarck, Executive Director at the Environmental Investigation
Agency U.S.; and Devry Boughner Vorwerk, Corporate Vice
President for Global Corporate Affairs at Cargill, Inc.
On June 25, 2019, the Subcommittee on Trade held a hearing
on ``Mexico's Labor Reform: Opportunities and Challenges for an
Improved NAFTA'' on the progress of Mexico's labor reform
implementation undertaken to comply with the provisions in the
renegotiated NAFTA. Witnesses included Joyce Sadka, the interim
head of the Law Department and a Professor and Research in the
Department of Law and Center for Economic Research at the
Instituto Tecnologico Autonomo de Mexico; Gladys Cisneros, the
Program Director for Mexico at the Solidarity Center; Harley
Shaiken, Professor and Director of the Center for Latin
American Studies at University of California Berkeley; and
Cathy Feingold, the Director of the International Department at
the AFL-CIO.
On November 20, 2019, the Subcommittee on Trade held a
hearing on ``U.S.-Japan Trade Agreements.'' Witnesses included
Darci Vetter, the Global Lead for Public Affairs and the Vice
Chair of Agriculture & Food for Edelman U.S. Public Affairs;
Matthew Goodman, Senior Vice President, Simon Chair in
Political Economy, and Senior Adviser for Asian Economics at
the Center for Strategic and International Studies; Josh
Nassar, the Legislative Director for the United Auto Workers;
and Russel Boening, the owner of Loma Vista Farms and Boening
Bros. Dairy Inc. and the President of the Texas Farm Bureau.
On February 6, 2020, the Subcommittee on Trade held a
hearing on ``Trade Infrastructure for Global Competitiveness.''
Witnesses included Roxanne Brown, International Vice President
at Large at the United Steelworkers; Greg Regan, Secretary-
Treasurer of the Transportation Trades Department at the AFL-
CIO; Greg Richardson, Chief Financial Officer for the
Hartsfield-Jackson Atlanta International Airport; Curtis
Robinhold, Executive Director of the Port of Portland; Chris
Spear, President and CEO of the American Trucking Association;
and Ric Campo, Chairman of the Port Commission for the Port of
Houston Authority.
On July 23, 2020, the Subcommittee on Trade held a hearing
on ``Trade, Manufacturing, and Critical Supply Chains: Lessons
from COVID-19.'' Witnesses included Dr. Erica Fuchs, Professor
of Engineering and Public Policy at Carnegie Mellon University;
Dr. Prashant Yadav, Senior Fellow at the Center for Global
Development; Roxanne Brown, International Vice President at
Large at the United Steelworkers; Kim Glas, President and CEO
for the National Council of Textile Organizations; and Dr.
Thomas Duesterberg, Senior Fellow at the Hudson Institute.
On September 10, 2020, the Subcommittee on Trade held a
hearing on ``Caribbean Basin Trade Partnership Act:
Considerations for Renewal'' to consider reauthorization of the
program in advance of its expiration on September 30, 2020.
Witnesses included the Honorable Herve H. Denis, Ambassador of
the Republic of Haiti to the United States; Georges Sassine, a
board member and former president of the Associations des
Industries d'Haiti; Lauren Stewart, the Regional Program
Director for the Americas at the Solidarity Center; Beth
Baltzan, Principal at American Phoenix Trade Advisory Services
PLLC, and Jerry Cook, Vice President of Government and Trade
Relations at Hanesbrands, Inc.
On September 17, 2020, the Subcommittee on Trade held a
hearing on ``Enforcing the Ban on Imports Produced by Forced
Labor in Xinjiang'' to hear from experts and stakeholders on
the conditions of the Uyghur population in Xinjiang. Witnesses
included Rushan Abbas, Executive Director of the Campaign for
Uyghurs; Scott Nova, Executive Director of the Worker Rights
Consortium; Amy Lehr, Director and Senior Fellow at the Human
Rights Initiative at the Center for Strategic and International
Studies; Cathy Feingold, Director of the International
Department at the AFL-CIO; and Stephen Lamar, the President and
CEO of the American Apparel & Footwear Association.
THE UNITED STATES-MEXICO-CANADA AGREEMENT (USMCA)
i. Legislation
On December 13, 2019, House Majority Leader Hoyer and
Minority Leader McCarthy introduced, by request, H.R. 5430, the
United States-Mexico-Canada Agreement Implementation Act. The
Committee on Ways and Means considered the bill on December 17,
2019 and favorably reported the bill (H. Rept. 116-358) by
voice vote. On December 19, 2019, the House passed H.R. 5430
with a record vote of 385-41 (Roll no. 701). On January 16,
2020, the Senate passed the bill with a record vote of 89-10
(Record Vote Number: 14). H.R. 5430 became law on January 29,
2020 (P.L. 116-113).
ii. Hearings and other meetings
On March 27, 2019, the Subcommittee on Trade held a hearing
on ``Trade and Labor: Creating and Enforcing Rules to Benefit
American Workers,'' in which members and witnesses discussed
the labor provisions in the renegotiated NAFTA, among other
issues. Witnesses included Celeste Drake, Trade and
Globalization Policy Specialist at the AFL-CIO; Shane Larson,
Director of Legislation, Politics and International Affairs at
the Communication Workers of America (CWA); Josh Nassar,
Legislative Director at the United Auto Workers (UAW); Holly
Hart, Assistant to the International President at the United
Steelworkers (USW); Steve Catanese, President of the Local 668
Chapter of the Service Employees International Union (SEIU) in
Pennsylvania; Thea Lee, President at the Economic Policy
Institute (EPI); and Susan Monteverde, Vice President for
Government Relations at the American Association of Port
Authorities (AAPA).
On May 22, 2019, the Subcommittee on Trade held a hearing
on ``Enforcement in the New NAFTA'' to hear from witnesses on
the enforcement provisions in the renegotiated NAFTA. Witnesses
included Beth Baltzan, Principal at American Phoenix Trade
Advisory Services PLLC; Owen Herrnstadt, Chief of Staff to the
International President of the International Association of
Machinists and Aerospace Workers; Sandra Polaski, an
independent expert and the former Deputy Director-General for
Policy at the International Labor Organization; Alexander von
Bismarck, Executive Director at the Environmental Investigation
Agency U.S.; and Devry Boughner Vorwerk, Corporate Vice
President for Global Corporate Affairs at Cargill, Inc.
From June 5-7, 2019, Ways and Means Committee staff led a
bipartisan, bicameral staff delegation to Mexico City to meet
with government and civil society officials regarding the new
NAFTA.
On June 19, 2019, the Committee held a hearing on the
``2019 Trade Policy Agenda: Negotiations with China, Japan, the
EU, and UK; new NAFTA/USMCA; U.S. Participation in the WTO; and
other matters,'' at which Ambassador Lighthizer testified on
the renegotiated NAFTA and other trade issues.
On June 25, 2019, the Subcommittee on Trade held a hearing
on ``Mexico's Labor Reform: Opportunities and Challenges for an
Improved NAFTA'' on the progress of Mexico's labor reform
implementation undertaken to comply with the provisions in the
renegotiated NAFTA. Witnesses included Joyce Sadka, the interim
head of the Law Department and a Professor and Research in the
Department of Law and Center for Economic Research at the
Instituto Tecnologico Autonomo de Mexico; Gladys Cisneros, the
Program Director for Mexico at the Solidarity Center; Harley
Shaiken, Professor and Director of the Center for Latin
American Studies at University of California Berkeley; and
Cathy Feingold, the Director of the International Department at
the AFL-CIO.
From July 18-22, 2019, Trade Subcommittee Chairman
Blumenauer led a bipartisan congressional delegation to Mexico
to meet with government officials, including President Andres
Manuel Lopez Obrador, in Mexico City and to conduct site visits
and meet with civil society officials in San Luis Potosi and
Tijuana.
On August 14-15, 2019, Ranking Member Brady led a
congressional delegation to Mexico City to meet with Mexican
officials to discuss commitments from Mexico needed to ensure
success of the USMCA.
On October 7-8, 2019, Chairman Neal led a congressional
delegation to Mexico City to meet with President Andres Manuel
Lopez Obrador to discuss commitments from Mexico needed to
ensure the success of the renegotiated NAFTA.
On November 5-6, 2019, Chairman Neal led a congressional
delegation to Ottawa to meet with Prime Minister Trudeau and
Minister Freeland, among others, on commitments from Canada
needed to ensure the success of the renegotiated NAFTA.
On June 17, 2020, the Committee held a hearing on the
``2020 Trade Policy Agenda,'' with Ambassador Lighthizer as the
hearing's sole witness, at which Ambassador Lighthizer
testified on USMCA implementation, among other issues.
iii. Reports
On January 2, 2019, USTR transmitted to the Committee
pursuant to section 402(c)(4)(A) of the NAFTA Implementation
Act, (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 current and former federal judges eligible
to serve on Extraordinary Challenge Committees (``ECCs'') under
NAFTA Annex 1904.13 and Special Committees under NAFTA Article
1905.
On January 29, 2019, USTR transmitted to the Committee a
description of the changes to existing U.S. law that will
result from the USMCA, as required by the Bipartisan
Congressional Trade Priorities and Accountability Act of 2015
(TPA).
On March 29, 2019, USTR transmitted to the Committee
pursuant to section 402(c)(4)(A) of the NAFTA Implementation
Act, (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 current and former federal judges eligible to
serve on Extraordinary Challenge Committees (``ECCs'') under
NAFTA Annex 1904.13 and Special Committees under NAFTA Article
1905.
On April 18, 2019, the U.S. International Trade Commission
transmitted to the Committee its report concerning the likely
impact of USMCA, as required by TPA.
On May 30, 2019, USTR transmitted to Congress a draft
Statement of Administrative Action to implement the USMCA.
On March 31, 2020, USTR transmitted to the Committee
pursuant to section 402(c)(4)(A) of the NAFTA Implementation
Act, (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 current and former federal judges eligible to
serve on Extraordinary Challenge Committees (``ECCs'') under
NAFTA Annex 1904.13 and Special Committees under NAFTA Article
1905.
On April 24, 2020, USTR notified Congress of the
determination that Canada and Mexico have taken measures
necessary to comply with those provisions that are to take
effect on the date of entry into force of the USMCA, as
required by TPA.
On May 7, 2020, USTR transmitted to the Committee the USMCA
Environment Assessment Report.
On July 27, 2020, USTR transmitted to the Committee the
report on amendments to existing law required by section 508 of
the USMCA Implementation Act.
On July 27, 2020, USTR and the Department of Labor, as co-
chairs of the Interagency Labor Committee on Monitoring and
Enforcement and pursuant to section 718 of the USMCA
Implementation Act, transmitted to the Committee on Ways and
Means the Committee's first report.
In August 2020, pursuant to the USMCA implementing
legislation, the Forced Labor Enforcement Task Force was
required to send the Committee a report on the timelines
established for responding to petitions submitted to the
Commissioner of U.S. Customs and Border Protection alleging
that goods are being imported by or with child or forced labor.
The Committee never received the report.
On December 15, 2020, pursuant to section 731 of the USMCA
implementing legislation, the Independent Mexico Labor Expert
Board (IMLEB) released its first interim report regarding
monitoring and evaluation of Mexico's labor reform and its
compliance with USCMA labor obligations.
CHINA
i. Legislation
On March 11, 2020, Chairman of the House Committee on Rules
and co-chair of the Congressional-Executive Commission on
China, James McGovern, and eleven cosponsors introduced H.R.
6210, the Uyghur Forced Labor Prevention Act. The bill was
referred to the House Committee on Foreign Affairs and the
Committees on Ways and Means, Judiciary, and Financial
Services. On September 22, 2020, the House agreed to suspend
the rules and pass H.R. 6210 as amended by a record vote of
406-3 (Roll no. 196). No subsequent action was taken by the
Senate.
ii. Hearings and other meetings
On January 17, 2019, Chairman Neal hosted Ambassador
Lighthizer for a roundtable discussion with the Committee to
discuss China trade issues.
On February 27, 2019, the Committee held a hearing on
``U.S.-China Trade,'' with Ambassador Lighthizer as the sole
witness at the hearing.
On June 19, 2019, the Committee held a hearing on the
``2019 Trade Policy Agenda: Negotiations with China, Japan, the
EU, and UK; new NAFTA/USMCA; U.S. Participation in the WTO; and
other matters,'' at which Ambassador Lighthizer testified on
the section 301 actions and negotiations with China, among
other trade issues.
On February 26, 2020, the Committee held a hearing on
``U.S.-China Trade and Competition.'' Witnesses included in Tim
Stratford, Managing Partner in Covington & Burling LLP's
Beijing office and the former Assistant U.S. Trade
Representative for China Affairs from 2005-10; Thea Lee, the
President of the Economic Policy Institute and a commissioner
on the U.S.-China Economic and Security Review Commission; L.
Rafael Reif, the President of the Massachusetts Institute of
Technology; Owen Herrnstadt, the Chief of Staff to the
International President of the International Association of
Machinists and Aerospace Workers; Tim Dufault of Dufault Farms
in Crookston, MN; and Richard Guebert, Jr., the President of
the Illinois Farm Bureau.
On June 17, 2020, the Committee held a hearing on the
``2020 Trade Policy Agenda,'' with Ambassador Lighthizer as the
hearing's sole witness, at which Ambassador Lighthizer
testified on the ``Phase One Agreement'' with China, among
other issues.
On September 17, 2020, the Subcommittee on Trade held a
hearing on ``Enforcing the Ban on Imports Produced by Forced
Labor in Xinjiang.'' Witnesses included Rushan Abbas, the
Executive Director of the Campaign for Uyghurs; Scott Nova, the
Executive Director of the Worker Rights Consortium; Amy Lehr,
Director and Senior Fellow at the Human Rights Initiative at
the Center for Strategic and International Studies; Cathy
Feingold, the Director of the International Department at the
AFL-CIO; and Stephen Lamar, President and CEO of the American
Apparel & Footwear Association.
iii. Reports
On February 1, 2019, USTR transmitted to the Committee a
report on China's WTO Compliance pursuant to section 421 of the
U.S.-China Relations Act of 2000 (P.L. 106-286), 22 U.S.C.
Sec. 6951.
On June 28, 2019, the U.S. International Trade Commission
transmitted to the Committee a report regarding the textile and
apparel imports from China in 2018, pursuant to a request that
then-Chairman Rangel sent to the Commission in 2008 and
Investigation No. 332-501.
On October 24, 2019, the U.S. International Trade
Commission transmitted to the Committee a Federal Register
Notice that detailed the changes to how China textiles data
will be transmitted to the Committee in response to Chairman
Neal's letter requesting the proposed change.
On March 6, 2020, USTR transmitted to the Committee a
report on China's WTO Compliance pursuant to section 421 of the
U.S.-China Relations Act of 2000 (P.L. 106-286), 22 U.S.C.
Sec. 6951.
USTR notified the Committee by transmitting Federal
Register Notices regarding the granting of certain requests for
product exclusions or extensions of exclusions from the
additional duties imposed in the Section 301 investigation of
China's Acts, Policies, and Practices Related to Technology
Transfer, Intellectual Property, and Innovation throughout the
116th Congress.
TRADE ENFORCEMENT PRIORITIES
On February 19, 2019, in accordance with 31 U.S.C. 720, the
Department of Commerce transmitted to the Committee its actions
taken in response to a GAO report titled ``Foreign-Trade Zones:
Board Should Document Consideration of All Required Criteria
When Evaluating Applications'' (GAO-19-91, November 2018).
On March 1, 2019, USTR transmitted to the Committee the
2019 Trade Policy Agenda and the 2018 Annual Report of the
President of the United States on the Trade Agreements Program
as prepared by the Administration. consistent with Section 163
of the Trade Act of 1974, as amended (19 U.S.C. 2213).
On March 14, 2019, the Department of Commerce and USTR
transmitted to the Committee the Administration's Annual Report
on Subsidies Enforcement, pursuant to 281(f)(4) of the Uruguay
Round Agreements Act.
On March 27, 2019, the Department of Homeland Security and
United States Postal Service transmitted to the Committee the
Joint Strategic Plan on Mandatory Advance Information pursuant
to the provisions set forth in the STOP Act of 2018 (P.L. 115-
271).
On March 29, 2019, USTR transmitted to the Committee the
2019 National Trade Estimate Report on Foreign Trade Barriers,
pursuant to section 1304 of the Omnibus Trade and
Competitiveness Act of 1988, as amended.
On April 25, 2019, USTR transmitted to the Committee the
2019 Special 301 Report and 2018 out-of-cycle review of the
Notorious Markets List, pursuant to the Trade Act of 1974, as
amended.
In May 2019, the Department of Treasury transmitted to the
Committee its report reviews developments in international
economic and exchange rate policies and is submitted pursuant
to the Omnibus Trade and Competitiveness Act of 1988, 22 U.S.C.
Sec. 5305, and Section 701 of the Trade Facilitation and Trade
Enforcement Act of 2015, 19 U.S.C. Sec. 4421.
On June 19, 2019, the Committee held a hearing on the
``2019 Trade Policy Agenda: Negotiations with China, Japan, the
EU, and UK; new NAFTA/USMCA; U.S. Participation in the WTO; and
other matters,'' at which Ambassador Lighthizer testified on
the Administration's trade enforcement priorities, among other
issues.
In July 2019, USTR transmitted to the Committee its 2019
Trade Enforcement Priorities Report in accordance with section
601 of the Trade Facilitation and Enforcement Act of 2015
(section 310 of the Trade Act of 1974).
In September 2019, the Department of Labor submitted to
Congress a report titled ``2019 Findings on the Worst Forms of
Child Labor'' in accordance with section 412 of the Trade and
Development Act of 2000.
In January 2020, the Department of Treasury transmitted to
the Committee its report reviews developments in international
economic and exchange rate policies and is submitted pursuant
to the Omnibus Trade and Competitiveness Act of 1988, 22 U.S.C.
Sec. 5305, and Section 701 of the Trade Facilitation and Trade
Enforcement Act of 2015, 19 U.S.C. Sec. 4421.
On February 25, 2020, USTR transmitted to the Committee a
notification that the action being taken under Section 301(a)
of the Trade Act of 1974, as amended, in the investigation of
Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute
has been modified, and enclosed the Federal Register notice
published on February 21, 2020 that contains the modifications
and the reasons therefor.
On February 28, 2020, USTR transmitted to the Committee the
2020 Trade Policy Agenda and the 2019 Annual Report of the
President of the United States on the Trade Agreements Program
as prepared by the Administration. consistent with Section 163
of the Trade Act of 1974, as amended (19 U.S.C. 2213). It
included, pursuant to 19 U.S.C. Sec. 3535(a), a report due
every five years that provides an overview of the
implementation and enforcement of the WTO Agreement, discusses
the accession of new Members to the WTO, analyzes the effects
of the WTO Agreement and continued U.S. participation in the
WTO on the U.S. national interest, and highlights areas for
reform.
On March 31, 2020, USTR transmitted to the Committee the
2020 National Trade Estimate Report on Foreign Trade Barriers,
pursuant to section 1304 of the Omnibus Trade and
Competitiveness Act of 1988.
On April 29, 2020, USTR transmitted to the Committee the
2020 Special 301 Report and 2019 Review of Notorious Markets
for Counterfeiting and Piracy, pursuant to the Trade Act of
1974, as amended.
On June 17, 2020, the Committee held a hearing on the
``2020 Trade Policy Agenda,'' with Ambassador Lighthizer as the
hearing's sole witness, at which Ambassador Lighthizer
testified on the Administration's trade enforcement priorities,
among other issues.
On July 31, 2020, USTR transmitted to the Committee its
2020 Trade Enforcement Priorities Report in accordance with
Section 601 of the Trade Facilitation and Enforcement Act of
2015.
In September 2020, the Department of Labor submitted to
Congress a report titled ``2020 List of Goods Produced by Child
or Forced Labor'' in accordance with section 7112 of the
Trafficking Victims Protection Reauthorization Act.
On October 27, 2020, the Government Accountability Office
transmitted to the Committee its report ``DHS Increased
Resources and Enforcement Efforts, but Needs to Improve
Workforce Planning and Monitoring'', which was requested by
multiple Committee Members on October 10, 2018.
In December 2020, the Department of Treasury transmitted to
the Committee its report reviews developments in international
economic and exchange rate policies and is submitted pursuant
to the Omnibus Trade and Competitiveness Act of 1988, 22 U.S.C.
Sec. 5305, and Section 701 of the Trade Facilitation and Trade
Enforcement Act of 2015, 19 U.S.C. Sec. 4421.
TRADE REMEDIES
On February 21, 2019, U.S. Customs and Border Protection
transmitted to the Committee its twentieth update on the
Importation of Softwood Lumber Report pursuant to the language
set forth in section 3301 of the Title III, Trade, Subtitle D,
of the Food, Conservation, and Energy Act of 2008 (Pub. L. No.
110-246).
On March 14, 2019, the Department of Commerce and USTR
transmitted to Congress the Administration's Annual Report on
Subsidies Enforcement.
On December 30, 2019, the Department of Commerce
transmitted to the Committee the Administration's Semiannual
Softwood Lumber Subsidies Report, pursuant to Section 809(b) of
Title VII of the Tariff Act of 1930, as amended.
On March 3, 2020, the Department of Commerce and USTR
transmitted to Congress the Administration's Annual Report on
Subsidies Enforcement.
On May 6, 2020, USTR transmitted to the Committee the
Report on Proposals Advanced in Negotiations on a trade
agreement between the United States and the United Kingdom That
May Require Amendments to U.S. Trade Remedy Laws as required by
section 105(b)(3)(A) of TPA.
On June 18, 2020, the Department of Commerce transmitted to
the Committee the Administration's Semiannual Softwood Lumber
Subsidies Report, pursuant to Section 809(b) of Title VII of
the Tariff Act of 1930, as amended.
OTHER TARIFF ACTIONS TAKEN UNDER SECTIONS 232 AND 301
On June 19, 2019, the Committee held a hearing on the
``2019 Trade Policy Agenda: Negotiations with China, Japan, the
EU, and UK; new NAFTA/USMCA; U.S. Participation in the WTO; and
other matters,'' at which Ambassador Lighthizer testified on
the section 232 and 301 tariffs, among other issues.
On June 17, 2020, the Committee held a hearing on the
``2020 Trade Policy Agenda,'' with Ambassador Lighthizer as the
hearing's sole witness, at which Ambassador Lighthizer
testified on the section 232 and 301 tariffs, among other
issues.
U.S.-JAPAN TRADE AGREEMENTS
On June 19, 2019, the Committee on Ways and Means held a
hearing on the ``2019 Trade Policy Agenda: Negotiations with
China, Japan, the EU, and UK; new NAFTA/USMCA; U.S.
Participation in the WTO; and other matters,'' at which
Ambassador Lighthizer testified on the U.S.-Japan negotiations,
among other issues.
On November 20, 2019, the Subcommittee on Trade held a
hearing on ``U.S.-Japan Trade Agreements.'' Witnesses included
Darci Vetter, the Global Lead for Public Affairs and the Vice
Chair of Agriculture & Food for Edelman U.S. Public Affairs;
Matthew Goodman, Senior Vice President, Simon Chair in
Political Economy, and Senior Adviser for Asian Economics at
the Center for Strategic and International Studies; Josh
Nassar, the Legislative Director for the United Auto Workers;
and Russel Boening, the owner of Loma Vista Farms and Boening
Bros. Dairy Inc. and the President of the Texas Farm Bureau.
On June 17, 2020, the Committee held a hearing on the
``2020 Trade Policy Agenda,'' with Ambassador Lighthizer as the
hearing's sole witness, at which Ambassador Lighthizer
testified on the U.S.-Japan trade agreements, among other
issues.
TRADE NEGOTIATIONS WITH THE UNITED KINGDOM
On February 28, 2019, USTR published its summary of
specific negotiating objectives with the United Kingdom, as
required by TPA.
On June 19, 2019, the Committee held a hearing on the
``2019 Trade Policy Agenda: Negotiations with China, Japan, the
EU, and UK; new NAFTA/USMCA; U.S. Participation in the WTO; and
other matters,'' at which Ambassador Lighthizer testified on
the trade negotiations with the UK, among other issues.
On September 29, 2019, the U.S. International Trade
Commission transmitted to the Committee its report on U.S. SME
Exports: Trade-related Barriers Affecting Exports of U.S. Small
and Medium-sized Enterprises to the United Kingdom following
receipt of a request from the U.S. Trade Representative (USTR)
on August 3, 2018, under section 332(g) of the Tariff Act of
1930.
On May 6, 2020, USTR transmitted to the Committee the
Report on Proposals Advanced in Negotiations on a trade
agreement between the United States and the United Kingdom That
May Require Amendments to U.S. Trade Remedy Laws as required by
section 105(b)(3)(A) of the Congressional Bipartisan Trade
Priorities and Accountability Act of 2015 (TPA).
On June 17, 2020, the Committee held a hearing on the
``2020 Trade Policy Agenda,'' with Ambassador Lighthizer as the
hearing's sole witness, at which Ambassador Lighthizer
testified on the trade negotiations with the UK, among other
issues.
TRADE NEGOTIATIONS WITH KENYA
On June 19, 2019, the Committee held a hearing on the
``2019 Trade Policy Agenda: Negotiations with China, Japan, the
EU, and UK; new NAFTA/USMCA; U.S. Participation in the WTO; and
other matters,'' at which Ambassador Lighthizer testified on
the trade negotiations with Kenya, among other issues.
On March 11, 2020, Chairman Neal hosted Ambassador
Lighthizer for a meeting the Ways and Means Committee to
discuss potential trade negotiations with Kenya, among other
issues.
On March 11, 2020, Chairman Neal convened a meeting of the
House Advisory Group on Negotiations (HAGON) to discuss
potential trade negotiations with Kenya, as required by TPA,
among other issues.
On May 22, 2020, USTR published its summary of specific
negotiating objectives with Kenya, as required by TPA.
On June 17, 2020, the Committee held a hearing on the
``2020 Trade Policy Agenda,'' with Ambassador Lighthizer as the
hearing's sole witness, at which Ambassador Lighthizer
testified on the trade negotiations with Kenya, among other
issues.
On December 23, 2020, USTR transmitted to the Committee the
Report on Proposals Advanced in Negotiations on a Trade
Agreement Between the United States and Kenya That May Require
Amendments to U.S. Trade Remedy Laws required by section
105(b)(3)(A) of TPA.
PREFERENCE PROGRAMS
i. Legislation
On February 6, 2019, Rep. Sewell and Rep. Wenstrup and four
other cosponsors introduced H.R. 991, the Extension of the
Caribbean Basin Economic Recovery Act. On September 22, 2020,
the House agreed by voice vote to suspend the rules and pass
H.R. 991. On September 30, 2020, the Senate passed H.R. 991
without amendment by unanimous consent. On October 10, 2020,
H.R. 991 became law (P.L. 116-164).
On December 7, 2020, Trade Subcommittee Chairman Blumenauer
introduced H.R. 8884, a bill to modify and extend the
Generalized System of Preferences.
The Generalized System of Preferences expired on December
31, 2020.
ii. Hearings and other meetings
On June 19, 2019, the Committee on Ways and Means held a
hearing on the ``2019 Trade Policy Agenda: Negotiations with
China, Japan, the EU, and UK; new NAFTA/USMCA; U.S.
Participation in the WTO; and other matters,'' at which
Ambassador Lighthizer testified on the implementation and
reauthorization of the various preference programs, among other
issues.
From August 3-7, 2019, Representative Evans led a
delegation of members and staff to the African Growth and
Opportunity Act (AGOA) Forum in Cote d'Ivoire.
On June 17, 2020, the Committee held a hearing on the
``2020 Trade Policy Agenda,'' with Ambassador Lighthizer as the
hearing's sole witness, at which Ambassador Lighthizer
testified on the implementation and reauthorization of the
various preference programs, among other issues.
On September 10, 2020, the Subcommittee on Trade held a
hearing on the ``Caribbean Basin Trade Partnership Act:
Considerations for Renewal'' to consider reauthorization of the
program in advance of its expiration on September 30, 2020.
Witnesses included the Honorable Herve H. Denis, Ambassador of
the Republic of Haiti to the United States; Georges Sassine, a
board member and former president of the Associations des
Industries d'Haiti; Lauren Stewart, the Regional Program
Director for the Americas at the Solidarity Center; Beth
Baltzan, Principal at American Phoenix Trade Advisory Services
PLLC, and Jerry Cook, Vice President of Government and Trade
Relations at Hanesbrands, Inc.
iii. Reports
On February 22, 2019, USTR transmitted to the Committee its
annual report on the Nepal Trade Preferences Program to
Chairman Neal, pursuant to the Trade Facilitation and Trade
Enforcement Act of 2015 (TFTEA).
On June 29, 2020, USTR transmitted to the Committee the
2020 Biennial Report on the Implementation of the African
Growth and Opportunity Act.
On September 29, 2019, the U.S. International Trade
Commission transmitted to the Committee the Caribbean Basin
Economic Recovery Act: Impact on U.S. Industries and Consumers
and on Beneficiary Countries, as required by section 215 of the
Caribbean Basin Economic Recovery Act, as amended (19 U.S.C.
2704).
On September 24, 2019, the U.S. International Trade
Commission transmitted to the Committee its report Generalized
System of Preferences: Possible Modifications, 2018 Review,
pursuant to a request from USTR on June 4, 2019.
On December 31, 2019, USTR transmitted to the Committee the
13th annual report on the Operation of the Caribbean Basin
Economic Recovery Act.
On February 25, 2020, USTR transmitted to the Committee the
2020 report to Congress on the trade preferences for Nepal,
pursuant to Section 915(e) of the Trade Facilitation and Trade
Enforcement Act of 2015.
On September 28, 2020, the U.S. International Trade
Commission transmitted to the Committee its report Generalized
System of Preferences: Possible Modifications, 2020 Review,
pursuant to a request from USTR on May 4, 2020.
EUROPEAN UNION
On January 11, 2019, USTR published its summary of specific
negotiating objectives with the EU, as required by TPA.
On June 19, 2019, the Committee on Ways and Means held a
hearing on the ``2019 Trade Policy Agenda: Negotiations with
China, Japan, the EU, and UK; new NAFTA/USMCA; U.S.
Participation in the WTO; and other matters,'' at which
Ambassador Lighthizer testified on the trade negotiations with
the EU, among other issues.
On June 17, 2020, the Committee held a hearing on the
``2020 Trade Policy Agenda,'' with Ambassador Lighthizer as the
hearing's sole witness, at which Ambassador Lighthizer
testified on the trade negotiations with the EU, among other
issues.
On August 21, 2020, USTR notified Congress of the
Administration's intent to enter into a trade agreement
regarding tariff barriers with the European Union under section
103(a) of TPA. Committee staff did not receive text prior to
the notification.
TRADE ADJUSTMENT ASSISTANCE
On October 7, 2019, the Department of Commerce transmitted
to the Committee an annual report on the activities of the
Trade Adjustment Assistance for Firms program for Fiscal Year
2018, pursuant to Section 255A of the Trade Act of 1974, as
amended (19 U.S.C. 2341 et seq.).
On February 10, 2020, the Department of Labor transmitted
to the Committee a letter regarding staff-level meetings
between the Department of Labor and Ways & Committee staff on
the Notice of Proposed Rulemaking for the Trade Adjustment
Assistance for Workers program satisfy the consultation
requirements under sections 223 and 248 of the Trade Act of
1974, as amended.
On June 9, 2020, the Department of Labor transmitted to the
Committee its FY2019 report that, among other things,
summarizes data collected by the Department on the TAA Program.
pursuant to Section 249B(d) of the Trade Act of 1974, as
amended (19 U.S.C. 2323(d)).
GLOBAL SUPPLY CHAINS AND COVID-19
On April 6, 2020, Chairman Neal and Senate Finance
Committee Chairman Grassley requested the U.S. International
Trade Commission initiate an investigation under section 332(g)
of the Tariff Act of 1930 (19 U.S.C. 1332(g)) to provide trade
data on COVID-19 related products.
On May 4, 2020, the U.S. International Trade Commission
released its report produced in response to the request of
Chairman Neal and Senate Finance Chairman Grassley under
section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)) to
provide trade data on COVID-19 related products.
On June 17, 2020, the Committee held a hearing on the
``2020 Trade Policy Agenda,'' with Ambassador Lighthizer as the
hearing's sole witness, at which Ambassador Lighthizer
testified on global supply chain issues in light of COVID-19,
among other issues.
On July 23, 2020, the Subcommittee on Trade held a hearing
on ``Trade, Manufacturing, and Critical Supply Chains: Lessons
from COVID-19.'' Witnesses included Dr. Erica Fuchs, Professor
of Engineering and Public Policy at Carnegie Mellon University;
Dr. Prashant Yadav, Senior Fellow at the Center for Global
Development; Roxanne Brown, International Vice President at
Large at the United Steelworkers; Kim Glas, President and CEO
for the National Council of Textile Organizations; and Dr.
Thomas Duesterberg, Senior Fellow at the Hudson Institute.
On August 13, 2020, Chairman Neal, Ranking Member Brady,
and Senate Finance Committee Chairman Grassley requested the
U.S. International Trade Commission initiate a follow-up
investigation under section 332(g) of the Tariff Act of 1930
(19 U.S.C. 1332(g)) to provide information on domestic
production, industry sector, and trade data, as well as supply
chain challenges for certain COVID-19 related products.
On December 22, 2020, the U.S. International Trade
Commission released its report produced in response to the
August 13, 2020 request of Chairman Neal, Ranking Member Brady,
and Senate Finance Committee Chairman Grassley under section
332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)) to provide
information on domestic production, industry sector, and trade
data, as well as supply chain challenges for certain COVID-19
related products.
WORLD TRADE ORGANIZATION (WTO)
On February 1, 2019, USTR transmitted to the Committee a
report on China's WTO Compliance pursuant to section 421 of the
U.S.-China Relations Act of 2000 (P.L. 106-286), 22 U.S.C.
Sec. 6951.
On February 1, 2019, USTR transmitted to the Committee a
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 (P.L. 112-
208).
On June 19, 2019, the Committee held a hearing on the
``2019 Trade Policy Agenda: Negotiations with China, Japan, the
EU, and UK; new NAFTA/USMCA; U.S. Participation in the WTO; and
other matters,'' at which Ambassador Lighthizer testified on
the WTO, among other issues.
On October 7-11, 2019, Representative Kind led a
congressional delegation of Ways and Means Committee members to
Geneva for the WTO Public Forum.
On December 6, 2019, Representatives Kind and Schweikert
introduced with six original cosponsors H. Res. 746, a
resolution to express the sense of the House of Representatives
that the United States should continue to lead reform efforts
and urge member cooperation at the World Trade Organization in
order to address barriers to trade, improve living standards
across the world, and enhance accountability and dispute
settlement mechanisms. On December 17, 2019, H. Res. 746, as
amended, was approved by voice vote by the full Committee. No
further action was taken by the House.
On February 11, 2020, USTR transmitted to the Committee its
report on the WTO Appellate Body.
On March 6, 2020, USTR transmitted to the Committee a
report on China's WTO Compliance pursuant to section 421 of the
U.S.-China Relations Act of 2000 (P.L. 106-286), 22 U.S.C.
Sec. 6951.
On March 6, 2020, USTR transmitted to the Committee a
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 (P.L. 112-
208).
On June 17, 2020, the Committee held a hearing on the
``2020 Trade Policy Agenda,'' with Ambassador Lighthizer as the
hearing's sole witness, at which Ambassador Lighthizer
testified on the WTO, among other issues.
AGRICULTURE
On June 19, 2019, the Committee on Ways and Means held a
hearing on the ``2019 Trade Policy Agenda: Negotiations with
China, Japan, the EU, and UK; new NAFTA/USMCA; U.S.
Participation in the WTO; and other matters,'' at which
Ambassador Lighthizer testified on agricultural trade issues,
among others.
On June 17, 2020, the Committee held a hearing on the
``2020 Trade Policy Agenda,'' with Ambassador Lighthizer as the
hearing's sole witness, at which Ambassador Lighthizer
testified on agricultural trade issues, among other issues.
MISCELLANEOUS TARIFF BILL (MTB)
On July 17, 2019, the U.S. International Trade Commission
sent to the House Committee on Appropriation's Subcommittee on
Commerce, Justice and Related Agencies, with the Committee
cc'ed, a letter requesting a continuing resolution anomaly for
FY2020, should there be a year-long continuing resolution of
FY2019 funding levels, to support the USITC's continued
implementation of the American Manufacturing Competitiveness
Act (AMCA).
On October 18, 2019, the U.S. International Trade
Commission transmitted to the Committee a report on the effects
of temporary duty suspensions and reductions on the U.S.
economy pursuant to section 4 of the American Manufacturing and
Competitiveness Act of 2016 (19 U.S.C. 1332 note).
On April 9, 2020, the Department of Commerce transmitted to
the Committee a report pursuant to the Commerce Department's
mandate under section 3(c) of the American Manufacturing
Competitiveness Act of 2016 (Pub. L. No. 114-159).
On June 9, 2020, the U.S. International Trade Commission
transmitted to the Committee the Commission's preliminary
report regarding petitions for temporary duty suspensions and
reductions pursuant to the American Manufacturing
Competitiveness Act of 2016 (P.L. 114-519).
On August 10, 2020, the U.S. International Trade Commission
transmitted to the Committee the Commission's final MTB report
for the 2020 cycle pursuant to the American Manufacturing
Competitiveness Act of 2016 (P.L. 114-519).
No further action was taken by the Committee on the report,
and the provisions that were included in the Miscellaneous
Tariff Bill Act of 2018 (P.L. 115-239) expired on December 31,
2020.
TRADE SANCTIONS
a. Iran and Syria
On January 7, 2019, the Department of State transmitted to
the Committee the Department's determinations, and its
associated report, regarding Secretary Pompeo's decision to
exercise limited waivers of the sanctions pursuant to the Iran
Freedom and Counter-Proliferation Act of 2012 (IFCA).
On April 19, 2019, the Department of State transmitted to
the Committee a report on the identification of and immigration
restrictions on the Government of Iran Senior Officials and
their family members pursuant to Section 221 of the Iran Threat
Reduction and Syria Human Rights Act of 2012.
On April 23, 2019, the Department of State transmitted to
the Committee a report on investments in the energy sector in
Iran pursuant to section 110 of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (P.L.
111-195).
On May 3, 2019, the Department of State transmitted to the
Committee a report on waiver of certain sanctions to allow
specific nuclear non-proliferation activities involving Iran,
in accordance with the Iran Freedom and Counter-Proliferation
Act of 2012.
On May 7, 2019, the Department of State transmitted to the
Committee a report on persons responsible for or complicit in
certain human rights abuses in Iran, pursuant to Executive
Order 13553, implementing section 105, and section 7 of
Executive Order 13846, implementing sections 105A and 105B,
respectively, of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010, as amended by the
Iran Threat Reduction and Syria Human Rights Act of 2012.
On May 31, 2019, the Department of State transmitted to the
Committee a report pursuant to Section 4 of the Protect and
Preserve International Cultural Property Act of 2016, and a
determination pursuant to Section 3 of the Act that it would be
against the U.S. national interest to enter into a cultural
property agreement with the Government of Syria under the
Convention on Cultural Property Implementation Act.
On July 1, 2019, the Department of State transmitted to the
Committee a determination and memorandum of justification on
the exercise of limited waivers of the sanctions provided for
in sections 1244(c)(1), 1246(a), and 1247(a) of the Iran
Freedom and Counter-Proliferation Act of 2012.
On July 31, 2019, the Department of State transmitted to
the Committee documentation regarding the Secretary of State's
exercise of waiver authorities with respect to certain
sanctions under the Iran Freedom and Counter-Proliferation Act
of 2012.
On October 25, 2019, the Department of State transmitted to
the Committee a report on U.S. citizens detained in Iran and
the Department's efforts to secure their release, pursuant to
Section 110 of the Countering America's Adversaries Through
Sanctions Act (P.L. 115-44).
On October 29, 2019, the Department of State transmitted to
the Committee documentation on the Secretary of State's
exercise of waiver authorities with respect to certain
sanctions pursuant to the Iran Freedom and Counter-
Proliferation Act of 2012 (subtitle D of title XII of P.L. 112-
239).
On November 1, 2019, the Department of State transmitted to
the Committee two enclosed reports under the Iran Freedom and
Counter Proliferation Act covering January 1, 2014 to December
31, 2016 and January 1, 2017 to December 31, 2018, pursuant to
Section 1245(e) of the FY13 National Defense Authorization Act
(NDAA).
On November 7, 2019, the Department of State transmitted to
the Committee a report on global trade in 2018 relating to Iran
pursuant to section 10(d) of the Iran Sanctions Act of 1996
(P.L. 104-172).
On December 11, 2019, the Department of State transmitted
to the Committee, pursuant to section 506 of the Iran Threat
Reduction and Syria Human Rights Act of 2012 (P.L. 112-158), a
report identifying the international organizations and entities
of which Iran is a member and that received contributions from
the United States in FY2018.
On January 15, 2020, the Department of State transmitted to
the Committee a report, consistent with section 105, section
105A, and section 105B of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (P.L. 111-95), as
amended by the Iran Threat Reduction and Syria Human Rights Act
of 2012 (P.L. 112-158), on persons responsible for or complicit
in certain human rights abuses in Iran.
On February 21, 2020, the Department of State transmitted
to the Committee a list of individuals that the Secretary of
State, in consultations with the Department of Treasury, has
determined meet the criteria established in Section 221(a) of
the Iran Threat Reduction and Syria Human Rights Act of 2012
(Public Law 112-158).
b. North Korea
On March 4, 2019, the Department of State transmitted to
the Committee determinations regarding a waiver of the
application of sanctions to allow for the transfer of certain
electronic equipment from the Republic of Korea to North Korea
to host virtual reunions for families separated by the Korean
War, pursuant to Section 208(c)(1) of the North Korea Sanctions
and Policy Enhancement Act of 2016.
On October 9, 2019, the Department of State transmitted to
the Committee a determination and memorandum of justification
regarding a waiver of the application of sanctions to
facilitate the temporary transfer of equipment and materials
into North Korea in connection with the Republic of Korea
soccer team's participation in a FIFA World Cup qualification
match on October 15, 2019.
c. Burma
On July 17, 2019, the Department of State transmitted to
the Committee a report on Burma's timber trade pursuant to
Section 12 of the JADE Act (P.L. 110-286).
d. Russia
On June 5, 2019, the Department of State transmitted to the
Committee a report on the Department's measures taken and
results achieved to promote the rule of law and strengthen
investor protections in Russia.
e. Other
On February 1, 2019, the Department of Commerce transmitted
to the Committee an annual report that details all the known
worldwide conflict mineral processing facilities. The list of
processing facilities is shared, per Section 1502 of the Dodd-
Frank Act, to assist companies in developing a conflict
minerals-free supply chain and in conducting their own outreach
and due diligence.
On February 20, 2019, the Department of Treasury
transmitted a report to the House Permanent Select Committee on
Intelligence and the House Committees on Foreign Affairs and
Ways and Means, the House and Senate Committees on Armed
Services and the Judiciary, the Senate Committees on Foreign
Relations and Finance, and Senate Select Committee on
Intelligence a report on Indian national Jasmeet Hakimzada as a
foreign person appropriate for sanctions under Section 804(b)
of the Foreign Narcotics Kingpin Designation Act, 21 U.S.C.
1903(b).
On June 10, 2019, the Department of State transmitted to
the Committee a report on Indo-Pacific Human Rights.
On June 25, 2019, the Department of State transmitted to
the Committee reports in accordance with sections 5 and 12 of
the Clean Diamond Act describing the 2018 performance of the
U.S. Kimberley Process Authority and the rough diamond export
control measures of countries participating in the Kimberley
Process Certification Scheme that exported rough diamonds to
the United States in 2018, respectively.
On July 17, 2019, the Department of State transmitted to
the Committee a report on the coordination of sanctions between
the United States and the European Union pursuant to Section
109 of the Countering America's Adversaries Through Sanctions
Act (P.L. 115-44).
On July 18, 2019, the Department of State transmitted to
the Committee a map of mineral-rich zones under the control of
armed groups in the Democratic Republic Congo and an
explanatory note, pursuant to Section 1502(c)(2) of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (P.L. 111-
203).
On August 26, 2019, the Department of State transmitted to
the Committee a report on politically motivated boycotts of,
divestment from, and sanctions against Israel, pursuant to
section 909(d) of the Trade Facilitation and Trade Enforcement
Act of 2015.
On October 25, 2019, the Department of State transmitted to
the Committee documentation providing a detailed description of
the credible evidence supporting the change in tier ranking of
those countries listed as Tier 3 in the 2018 Trafficking in
Persons Report and subsequently listed as Tier 2 Watch List in
the 2019 Report, pursuant to Section 106(b)(6) of TPA, as
amended.
On February 12, 2020, the Department of State transmitted
to the Committee a report, pursuant to 22 U.S.C. 9408, on
coordination of sanctions between the United States and the
European Union.
On December 21, 2020, the Department of Commerce
transmitted to the Committee an annual report that details all
the known worldwide conflict mineral processing facilities. The
list of processing facilities is shared, per Section 1502 of
the Dodd-Frank Act, to assist companies in developing a
conflict minerals-free supply chain and in conducting their own
outreach and due diligence.
PRIORITIES OF THE OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
On March 29, 2019, USTR transmitted to the Committee the
2019 National Trade Estimate Report on Foreign Trade Barriers,
pursuant to section 1304 of the Omnibus Trade and
Competitiveness Act of 1988, as amended.
On April 25, 2019, USTR transmitted to the Committee the
2019 Special 301 Report and 2018 out-of-cycle review of the
Notorious Markets List, pursuant to the Trade Act of 1974, as
amended.
On September 27, 2019, USTR transmitted 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 Act (5 U.S.C. App II) and
the U.S. General Services Administration implementation
regulation (41 C.F.R. Sec. 102-3.70).
On February 28, 2020, USTR transmitted to the Committee the
2020 Trade Policy Agenda and the 2019 Annual Report of the
President of the United States on the Trade Agreements Program
as prepared by the Administration. consistent with Section 163
of the Trade Act of 1974, as amended (19 U.S.C. 2213). It
included, pursuant to 19 U.S.C. Sec. 3535(a), a report due
every five years that provides an overview of the
implementation and enforcement of the WTO Agreement, discusses
the accession of new Members to the WTO, analyzes the effects
of the WTO Agreement and continued U.S. participation in the
WTO on the U.S. national interest, and highlights areas for
reform.
On March 31, 2020, USTR transmitted to the Committee the
2020 National Trade Estimate Report on Foreign Trade Barriers,
pursuant to section 1304 of the Omnibus Trade and
Competitiveness Act of 1988.
On April 29, 2020, USTR transmitted to the Committee the
2020 Special 301 Report and 2019 Review of Notorious Markets
for Counterfeiting and Piracy, pursuant to the Trade Act of
1974, as amended.
PRIORITIES OF CUSTOMS AND BORDER PROTECTION
On February 5, 2019, Customs and Border Protection
transmitted to the Committee its annual report of the
Commercial Customs Operations Advisory Committee (COAC) to
Chairman Neal, pursuant to the Trade Facilitation and Trade
Enforcement Act of 2015 (TFTEA).
On December 12, 2019, Customs and Border Protection
transmitted to the Committee its annual report regarding
Antidumping and Countervailing Duty Enforcement Actions and
Compliance Initiatives: FY 2019.
On October 30, 2020, the Department of Homeland Security
transmitted to the Committee the FY2020 Customs and Trade
Partnership annual report to Congress.
OTHER U.S. TRADE POLICY PRIORITIES
i. Hearings and other meetings
On January 29, 2019, Chairman Neal convened a meeting of
the House Advisory Group on Negotiations (HAGON) within the
first 30 days of the new Congress as required by the Bipartisan
Congressional Trade Priorities and Accountability (TPA) Act of
2015 to discuss the trade agenda during the 116th Congress.
On February 6, 2020, the Subcommittee on Trade held a
hearing on ``Trade Infrastructure for Global Competitiveness.''
Witnesses included Roxanne Brown, International Vice President
at Large at the United Steelworkers; Greg Regan, Secretary-
Treasurer of the Transportation Trades Department at the AFL-
CIO; Greg Richardson, Chief Financial Officer for the
Hartsfield-Jackson Atlanta International Airport; Curtis
Robinhold, Executive Director of the Port of Portland; Chris
Spear, President and CEO of the American Trucking Association;
and Ric Campo, Chairman of the Port Commission for the Port of
Houston Authority.
ii. Reports
On March 18, 2019, the U.S. International Trade Commission
transmitted to the Committee its Annual Performance Plan or
FY2019-20, Annual Performance Review for FY2018, and its Budget
Request for FY2020.
On April 1, 2019, the U.S. International Trade Commission
transmitted to the Committee the Commission's FY 2018 NO FEAR
Act Annual Report to Congress.
On April 10, 2019, the Department of Commerce transmitted
to the Committee a copy of the amendment to the charter for the
United States Investment Advisory Council pursuant to the
Federal Advisory Committee Act.
On July 22, 2019, the Department of Homeland Security
transmitted to the Committee a letter informing that the
Department had renewed the charter for the Homeland Security
Science and Technology Advisory Committee, pursuant to the
Federal Advisory Committee Act (FACA), 5 U.S.C. Appendix.
On August 16, 2019, the Department of Commerce transmitted
to the Committee a copy of the renewal charter for the United
States Travel and Tourism Advisory Board, in accordance with
the provisions of the Federal Advisory Committee Act.
On October 4, 2019, the Department of Commerce transmitted
to the Committee a copy of the renewal charter for the
President's Advisory Council on Doing Business in Africa, in
accordance with the provisions of the Federal Advisory
Committee Act.
On October 4, 2019, the Department of Commerce transmitted
to the Committee a copy of the renewal charter for the
President's Export Council, in accordance with the provisions
of the Federal Advisory Committee Act.
On November 19, 2019, the U.S. International Trade
Commission transmitted to the Committee its FY 2019 Agency
Financial Report.
On January 29, 2020, the U.S. International Trade
Commission transmitted to the Committee a notice announcing
institution of the investigation in response to Chairman Neal's
letter on December 19, 2019, requesting an investigation into
Seafood Obtained via Illegal, Unreported, and Unregulated
Fishing: U.S. Imports and Economic Impact on U.S. Commercial
Fisheries, under section 332(g) of the Trade Act of 1930 (19
U.S.C. 1332(g)).
On February 12, 2020, the U.S. International Trade
Commission transmitted to the Committee a Federal Register
Notice for investigation No. 332-574, Renewable Electricity:
Potential Economic Effects of Increased Commitments in
Massachusetts, under section 332(g) of the Tariff Act of 1930
(19 U.S.C. 1332(g)).
On March 2, 2020, the U.S. International Trade Commission
transmitted to the Committee the Commission's Fiscal Year 2019
Annual Federal Information Security Modernization Act of 2014
(FISMA) Submission.
On March 9, 2020, the U.S. International Trade Commission
transmitted to the Committee the Commission's FY 2019 NO FEAR
Act annual report to Congress.
On April 23, 2020, the Department of Commerce's
International Trade Administration transmitted to the Committee
a copy of the renewal charter for the United States Investment
Advisory Council, in accordance with the provisions of the
Federal Advisory Committee Act.
On June 12, 2020, the U.S. International Trade Commission
transmitted to the Committee a letter informing them that the
U.S. International Trade Commission has instituted
investigation No. TPA-105-008 for the purpose of preparing the
second of the two reports required by section 105(f)(2) of the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015.
On July 28, 2020, the U.S. International Trade Commission
transmitted to the Committee its report upon completion of
Investigation No. 332-345, Recent Trends in U.S. Service Trade:
2020 Annual Report.
On August 14, 2019, USTR transmitted to the Committee a
report, pursuant to Section 104(1) of the United States-Korea
Free Trade Agreement Implementation Act (19 U.S.C. 3805 note)
an enclosed report regarding a certain proposed modification to
be made to the KORUS rules of origin incorporated in the
Harmonized Tariff Schedule of the United States.
On September 17, 2019, the U.S. International Trade
Commission transmitted to the Committee its tenth annual report
pursuant to section 404(d) of the Dominican Republic-Central
America-United States Free Trade Agreement Implementation Act
on the ``Earned Import Allowance Program: Evaluation of
Effectiveness of the Program for Certain Apparel from the
Dominican Republic.''
On September 18, 2020, the U.S. International Trade
Commission transmitted to the Committee a report on the
Commission's compliance with the requirements of subchapter II
of the Foundations for Evidence-Based Policymaking Act of 2018,
as required under the Act.
On November 16, 2020, the U.S. International Commission
transmitted to the Committee a letter and enclosed report on
the USITC's FY 2020 Agency Financial Report.
On December 18, 2020, the U.S. International Trade
Commission transmitted to the Committee the Commission's 21st
Century Integrated Digital Experience Act (21st Century IDEA)
submission, which describes the websites and digital services
that the public views or utilizes most frequently or that are
otherwise important for public engagement.
3. SUBCOMMITTEE ON SELECT REVENUE MEASURES
Actions Taken
FULL COMMITTEE HEARINGS
On February 6, 2019, the Committee received testimony on
``The Challenges Facing America's Workers in Ensuring a Secure
Retirement'' from: (i) Diane Oakley, Executive Director,
National Institute on Retirement Security; (ii) Nancy J.
Altman, President, Social Security Works; (iii) Cindy McDaniel,
Co-director, Missouri-Kansas City Committee to Protect
Pensions; (iv) Roger W. Crandall, Chairman, President & CEO,
MassMutual; (v) Luke Huffstutter, Owner, Annastasia Salon and
Summit Salon Academy, Portland, OR; (vi) Robin Diamonte,
Corporate Vice President, Pension Investments, United
Technologies Corporation; (vii) Andrew G. Biggs, Resident
Scholar, American Enterprise Institute.
On March 6, 2019, the Committee received testimony on our
nation's crumbling infrastructure and the need for immediate
action from: (i) Rep. Peter A. DeFazio, Chairman, Committee on
Transportation and Infrastructure; (ii) Rep. Sam Graves,
Ranking Member, Committee on Transportation and Infrastructure;
(iii) Richard Trumka, President, AFL-CIO; (iv) Thomas Donohue,
President and CEO, U.S. Chamber of Commerce; (v) Gregory E.
DiLoreto, Past President, Chair of Committee on Infrastructure,
American Society of Civil Engineers; (vi) Chris Spear,
President and CEO, American Trucking Associations; (vii) Marc
Scribner, Senior Fellow, Competitive Enterprise Institute.
On March 14, 2019, the Committee received testimony on the
President's fiscal year 2020 budget proposal from U.S.
Secretary of the Treasury Steven Mnuchin.
On March 27, 2019, the Committee received testimony on the
2017 tax law and who it left behind from: (i) Elise Gould,
Ph.D, Senior Economist, Economic Policy Institute; (ii) Jason
Oh, Professor of Law, University of California Los Angeles
School of Law; (iii) Christopher M. Shelton, President,
Communication Workers of America; (iv) Nancy Abramowitz,
Professor of Law and Director of the Janet R. Spragens Federal
Tax Clinic, American University Washington College of Law; (v)
Douglas Holtz-Eakin, Ph.D, President, American Action Forum.
On May 15, 2019, the Committee received testimony on the
economic and health consequences of climate change from: (i)
Katherine Marvel, Ph.D, Associate Research Scientist, Columbia
University and NASA Goddard Institute for Space Studies; (ii)
Ashish Jha, M.D, Director, Harvard Global Health Institute;
(iii) Roy Wright, President and CEO, Insurance Institute for
Business & Home Safety; (iv) Ted Halstead, Chairman & CEO,
Climate Leadership Council; (v) Rich Powell, Executive
Director, ClearPath.
On January 29, 2020, the Committee received testimony on
paving the way for funding and financing infrastructure
investments from: (i) Joung H. Lee, Director of Policy and
Government Relations, American Association of State Highway and
Transportation Officials; (ii) Dr. Philip Fischer, Founder,
eBooleant Consulting LLC, and Former Head of Fixed Income and
Municipal Bond Strategy, Global Banking & Markets, Bank of
America Merrill Lynch; (iii) Laura L. Canter, Executive Vice
President and Director of Finance Programs, MassDevelopment;
(iv) Diane Gutierrez-Scaccetti, Commissioner of the New Jersey
Department of Transportation; (v) DJ Gribbin, Founder, Madrus
LLC.
On March 3, 2020, the Committee received testimony on the
proposed fiscal year 2021 budget from Treasury Secretary Steven
Mnuchin.
SUBCOMMITTEE HEARINGS
On February 13, 2019, the Subcommittee on Select Revenue
Measures received testimony on ``How Middle Class Families are
Faring in Today's Economy'' from: (i) Mark Zandi, Ph.D, Chief
Economist, Moody's Analytics; (ii) Heather Boushey, Ph.D,
Executive Director and Chief Economist, Washington Center for
Equitable Growth; (iii) Sara R. Collins, Ph.D, Vice President
of Health Care Coverage and Access, Commonwealth Fund; (iv)
Kevin Brown, Former President, California Association of
Realtors; (v) Pam Eddinger, Ph.D, President, Bunker Hill
Community College; (vi) Tatum Tirado, Mathematics and Special
Education Teacher, Ballou High School; (vii) Guy Berkebile,
Owner, Guy Chemical Company.
On March 12, 2019, the Subcommittee on Select Revenue
Measures received testimony on ``Temporary Policy in the
Internal Revenue Code'' from: (i) Mark Mazur, Ph.D, Robert C.
Pozen Director, Urban-Brookings Tax Policy Center; (ii) Pam
Olson, US Deputy Tax Leader and Washington National Tax
Services Leader, PricewaterhouseCoopers; (iii) Chye-Ching
Huang, Director of Federal Fiscal Policy, Center on Budget and
Policy Priorities; (iv) Judy K. Sakaki, Ph.D, President, Sonoma
State University; (v) Kyle Pomerleau, Chief Economist and Vice
President of Economic Analysis, Tax Foundation.
On June 25, 2019, the Subcommittee on Select Revenue
Measures received testimony on ``How Recent Limitations to the
SALT Deduction Harm Communities'' from: (i) Honorable David
Tarter, Mayor, Falls Church, Virginia; (ii) Honorable Bob De
Natale, Mayor, Bayville, New York; (iii) Honorable Christian
Yancik Leinbach, Commissioner, Berks County, Pennsylvania; (iv)
Dr. Paul Imhoff, Superintendent, Upper Arlington School
District; (v) Lt. Mahlon Mitchell, President, Professional Fire
Fighters of Wisconsin; (vi) Nicole Kaeding, Vice President of
Federal and Special Projects, Tax Foundation.
On June 25, 2019, the Subcommittee on Select Revenue
Measures received testimony from Members of Congress focused on
the recent changes made to the federal tax treatment of state
and local taxes. Members offering testimony were: (i) Rep. Tom
Malinowski; (ii) Rep. Dean Phillips; (iii) Rep. Andy Kim; (iv)
Rep. Sean Casten; (v) Rep. Maxine Waters; (vi) Rep. Josh
Gottheimer; (vii) Rep. Lauren Underwood; (viii) Rep. Katie
Porter; (ix) Rep. Mikie Sherrill; (x) Rep. Frank Pallone; (xi)
Rep. Jim Himes; (xii) Rep. Jackie Speier; (xiii) Rep. Donald M.
Payne, Jr; (xiv) Rep. Joseph Morelle; (xv) Rep. Max Rose;
(xvi), Rep. Lee Zeldin.
On March 4, 2020, the Subcommittee on Select Revenue
Measures received testimony on ``Examining the Impact of the
Tax code on Native American Tribes'' from: (i) Rep. Sharice
Davids; (ii) Rep. Deb Haaland; (iii) Rep. Markwayne Mullin;
(iv) Fawn Sharp, President, National Congress of American
Indians; (v) Cristina Danforth, President of the Board, Native
American Financial Officer's Association; (vi) The Honorable
Kenneth Khan, Chairman, Santa Ynez Band of Chumash Indians;
(vii) The Honorable Rodney Butler, Chairman, Mashantucket
Pequot Tribal Nation, (vii) The Honorable Matthew Wesaw,
Chairman, Pokagon Band of Potawatomi Indians.
On June 18, 2020, the Subcommittee on Select Revenue
Measures received testimony on ``Tax Relief to Support Workers
and Families During the COVID-19 Recession'' from: (i) Amy
Matsui, Director of Income Security and Senior Counsel.
National Women's Law Center; (ii) Indi Dutta-Gupta, Co-
Executive Director, Georgetown Center on Poverty and
Inequality; (iii) Allison Bovell-Ammon, Director of Policy
Strategy, Children's HealthWatch; (iv) Martha Rodriguez,
Preschool Educator, Renton, WA; (v) Kyle Pomerleau, Resident
Fellow, American Enterprise Institute.
On September 11, 2020, the Subcommittee on Select Revenue
Measures received testimony on ``Consequences of Inaction on
COVID Tax Legislation'' from: (i) Betsey Stevenson PhD.,
Professor of Economics and Public Policy, University of
Michigan; (ii) Marc H. Morial, President, National Urban
League; (iii) Tom Colicchio, Chef and Owner, Crafted
Hospitality; (iv) Nakitta Long, Winston-Salem, North Carolina;
(v) Alex Brill, Resident Fellow, American Enterprise Institute.
On September 25, 2020, the Subcommittee on Select Revenue
Measures received testimony on ``Restaurants in America during
the COVID-19 pandemic'' from (i) The Honorable Buddy Dyer,
Mayor, Orlando, Florida; (ii) Sondra Bernstein, Owner and
Proprietor, The Girl and the Fig; (iii) Christine Ha, Owner and
Chef, The Blind Goat; (iv) Mario Sandoval, Culinary Worker, Las
Vegas, Nevada; (v) Saru Jayaraman, President, One Fair Wage;
(vi) Melvin Rodrigue, Chairman of the Board of Directors,
National Restaurant Association.
4. SUBCOMMITTEE ON WORKER AND FAMILY SUPPORT
Actions Taken
FULL COMMITTEE HEARINGS
On May 8, 2019, the Committee received testimony on ``Paid
Family and Medical Leave'' from: (i) Marisa Howard-Karp, mother
and Program Manager for a research lab at Boston Children's
Hospital; (ii) Anthony Sandkamp, owner of Sandkamp Woodworks, a
cabinet and architectural woodworking business; (iii) Pronita
Gupta, Director of Job Quality at the Center for Law and Social
Policy; (iv) Suzan LeVine, Commissioner for the Washington
State Employment Security Department; and (v) Rachel Greszler,
Retirement and Labor Policy Fellow at the Heritage Foundation.
On January 28, 2020, the Committee received testimony on
``Legislative Strategies for Paid Family and Medical Leave''
from two panels. On the member panel, the Committee received
testimony from: (i) Representative Rosa DeLauro of Connecticut;
(ii) Representative Ann Wagner of Missouri; and (iii)
Representative Elise Stefanik of New York. On the expert panel,
the Committee received testimony from (i) Joan Lunden,
television host and owner of Joan Lunden Productions; (ii) Kemi
Role, the Director of Work Equity at the National Employment
Law Project; (iii) Sharon Terman, Director of the Work and
Family Program at Legal Aid at Work; (iv) Rebecca Hamilton, Co-
CEO of W.S. Badger Company; (v) Vicki Shabo, Senior Fellow for
Paid Leave Policy and Strategy at New America; and (vi) Hadley
Heath Manning, Director of Policy at the Independent Women's
Forum.
SUBCOMMITTEE HEARINGS
On March 7, 2019, the Subcommittee on Worker and Family
Support received testimony on ``Leveling The Playing Field for
Working Families'' from: (i) Tameka Henry, mother and paid
leave advocate; (ii) Yvette McKinnie, mother and grandmother
from Chicago, IL; (iii) Jane Waldfogel, Compton Foundation
Centennial Professor for the Prevention of Children's and Youth
Problems at the Columbia University School of Social Work; and
(iv) Kelly Schultz, Secretary of the Maryland Department of
Commerce.
On June 11, 2019, the Subcommittee on Worker and Family
Support received testimony on ``Celebrating Fathers and
Families Through Federal Support for Responsible Fatherhood
Programs'' from: (i) Nicolette Duffield, Assistant Warden of
Programs at the Sheridan Correctional Center; (ii) Halbert
Sullivan, Founder and CEO of Fathers' Support Center; (iii)
Samuel Gonzalez, participant in the TrueDads program; (iv) Ryan
Howard, Executive Director of the Owens Valley Career
Development Center; and (v) William C. Bell, President and CEO
of Casey Family Programs.
On March 11, 2020, the Subcommittee on Worker and Family
Support received testimony on ``Combatting Child Poverty in
America'' from: (i) Ron Haskins, Co-Director of the Center on
Children and Families at the Brookings Institution in
substitution for Dolores Acevedo-Garcia, Director of Institute
for Child, Youth, and Family Policy at Brandeis University;
(ii) Marsha Raulerson MD, Med, FAAP, pediatrician and American
Academy of Pediatrics representative; (iii) Joy Bivens, Agency
Director of the Franklin County Department of Job and Family
Services; and (iv) Angela Rachidi, Rowe Scholar in Poverty
Studies at the American Enterprise Institute.
On June 23, 2020, the Subcommittee on Worker and Family
Support received testimony on ``The Effect of COVID-19 on The
Child Care Crisis in America'' from: (i) Rasheed Malik, Senior
Policy Analyst at the Center for American Progress; Regina
McChriston, CT Scan Technician from Chicago, IL; Aaliyah
Samuel, Executive Vice President of Government Affairs and
Partnerships at the Northwest Evaluation Association; and (iv)
Jennifer Sullivan, Secretary of the Indiana Family and Social
Services Administration.
5. SUBCOMMITTEE ON HEALTH
Actions Taken
FULL COMMITTEE HEARINGS
On January 29, 2019, the Committee received testimony on
``Protecting Americans with Pre-existing Conditions'' from: (i)
Andrew Blackshear, Patient and Volunteer, American Heart
Association; (ii) Keysha Brooks-Coley, Vice President, Federal
Advocacy & Strategic Alliances, American Cancer Society; (iii)
Karen Pollitz, Senior Fellow, Kaiser Family Foundation; (iv)
Rob Robertson, Chief Administrator/Secretary-Treasurer,
Nebraska Farm Bureau Association; and (v) Andrew Stolfi,
Commissioner and Administrator, Division of Finance Regulation,
Oregon Division of Financial Regulation.
On February 12, 2019, the Committee received testimony on
``The Cost of Rising Prescription Drug Prices'' from: (i) Mark
Miller, Executive Vice President of Health Care, Arnold
Ventures; (ii) Rachel Sachs, Professor of Law, Washington
University in St. Louis; (iii) Alan Ruether, Legislative
Consultant, UAW Retiree Medical Benefits Trust; (iv) Odunola
Ojewumi, Patient, Beltsville, MD; and (v) Joseph Antos, Wilson
H. Taylor Scholar in Health Care and Retirement Policy,
American Enterprise Institute.
On March 14, 2019, the Committee received testimony on the
``President's fiscal year 2020 Budget Proposal'' from U.S.
Secretary of the Treasury Steven Mnuchin.
On May 15, 2019, the Committee received testimony on the
``Economic and Health Consequences of Climate Change'' from:
(i) Ted Halstead, President and CEO, Climate Change Council;
(ii) Ashish Jha, Director, Harvard Global Health Institute;
(iii) Katherine Marvel, Research Scientist, Columbia University
and NASA Goddard Institute for Space Studies; (iv) Rich Powell,
Executive Director, ClearPath; and (v) Roy Wright, President
and CEO, Insurance Institute for Business & Home Safety.
On June 12, 2019, the Committee received testimony on
``Pathways to Universal Health Coverage'' from: (I) Rebecca
Wood, Patient advocate and mother who lives outside of Boston,
MA; (ii) Tricia Neuman, Senior Vice President and Director of
the Program on Medicare Policy, Henry J. Kaiser Family
Foundation; (iii) Donald Berwick, President Emeritus and Senior
Fellow, Institute for Healthcare Improvement; (iv) Pam MacEwan,
CEO, Washington State Health Benefit Exchange; (v) Chiquita
Brooks-LaSure, Managing Director, Manatt Health; and (vi)
Grace-Marie Turner, President, Galen Institute.
On October 17, 2019, the Committee received testimony on
``Investing in The U.S. Health System By Lowering Drug Prices,
Reducing Out-of-Pocket Costs, and Improving Medicare Benefits''
from: (i) Samantha Reid, Patient with Chron's Disease; (ii)
Catherine Georges, National Volunteer President, AARP; (iii)
Mark Miller, Executive Vice President of Health Care, Arnold
Ventures; (iv) Judy Feder, Professor, Georgetown University
McCourt School of Public Policy; and (v) Benedic Ippolito,
Research Fellow, American Enterprise Institute.
On November 14, 2019, the Committee received testimony on
``Caring For Aging Americans'' from: (i) Kristina Brown,
Caregiver and Medical Student; (ii) Robert Egge, Chief Public
Policy Officer, Alzheimer's Association; (iii) Joanne Lynn,
Director, Program to Improve Eldercare, Altarum; (iv) Robert
Blancato, National Director, Elder Justice Coalition; (v)
Richard Mollot, Executive Director, the Long Term Care
Community Coalition; and (vi) Edo Banach, President & CEO,
National Hospice and Palliative Care Organization.
On March 3, 2020, the Committee received testimony on ``The
President's Fiscal Year 2020 Budget Proposal'' from U.S.
Secretary of Health and Human Services Alex Azar.
On May 27, 2020, the Committee received testimony on ``The
Disproportionate Impact of COVID-19 on Communities of Color''
from: (i) Ibram Kendi, Founding Director, the Antiracist
Research & Policy Center at American University; (ii) Raynald
Samoa, Endocrinologist, City of Hope, Los Angeles, CA; (iii)
Thomas Sequist, Chief Patient Experience and Equity Officer,
Mass General Brigham and Professor of Medicine at Harvard
Medical School; (iv) Alicia Fernandez, Professor of Medicine,
University of California San Francisco; (v) James Hildreth,
President and CEP, Meharry Medical College; and (vi) Douglas
Holtz-Eakin, President, the American Action Forum.
SUBCOMMITTEE HEARINGS
On March 7, 2019, the Subcommittee on Health received
testimony on ``Promoting Competition to Lower Medicare Drug
Prices'' from: (i) Robin Feldman, Professor of Law, University
of California Hastings; (ii) Douglas Holtz-Eakin, President,
the American Action Forum; (iii) Frederick Isasi, Executive
Director, Families USA; (iv) Amy Kapczynski, Professor of Law,
Yale Law School; and (v) Ameet Sarpatwari, Instructor in
Medicine, Harvard Medical School.
On May 21, 2019, the Subcommittee on Health received
testimony on ``Protecting Patients from Surprise Medical
Bills'' from: (i) Representative Katie Porter, Member of
Congress; (ii) Representative Cathy McMorris Rodgers, Member of
Congress; (iii) James Gefland, Senior Vice President, Health
Policy, ERISA Industry Committee; (iv) Bobby Mukkamala, Board
of Trustees, American Medical Association; (v) Tom Nickels,
Executive Vice President, Government Relations, American
Hospital Association; and (vi) Jeanette Thornton, Senior Vice
President, America's Health Insurance Plans.
On February 5, 2020, the Subcommittee on Health received
testimony on ``More Cures For More Patients: Overcoming
Pharmaceutical Barriers'' from: (i) Juliana Keeping, Patient
Advocate, Mother to a Child with Cystic Fibrosis; (ii) Brad
Setser, Senior Fellow, Council on Foreign Relations; (iii) Ge
Bai, Professor of Accounting, Johns Hopkins Carey Business
School; (iv) Aaron Kesselheim, Professor of Medicine, Harvard
Medical School; and (v) Tara Hayes, Director of Human Welfare
Policy, American Action Forum.
On June 25, 2020, the Subcommittee on Health received
testimony on ``Examining The COVID-19 Nursing Home Crisis''
from: (i) Delia Satterwhite, family Member; (ii) Melinda
Haschak, Licensed Practical Nurse, Regalcare at Southport;
(iii) Nicole Howell, Executive Director, Ombudsman Services of
Contra Costa Inc.; (iv) Toby Edelman, Senior Policy Attorney,
Center for Medicare Advocacy; (v) David Grabowski, Professor,
Harvard Medical School; (vi) Dana Kennedy, Arizona State
Director, AARP; and (vii) Rebecca Gould, President and CEO,
Schuyler Hospital.
6. SUBCOMMITTEE ON SOCIAL SECURITY
Actions Taken
FULL COMMITTEE HEARINGS
On July 25, 2019, the Committee received testimony on ``The
Social Security 2100 Act'' from: (i) Stephen C. Goss, Chief
Actuary, Social Security Administration; (ii) Nancy J. Altman,
President, Social Security Works; (iii) Kelly Brozyna, Member,
Job Creators Network's National Women's Coalition; (iv) Shaun
Castle, Deputy Executive Director, Paralyzed Veterans of
America; and (v) Abigail Zapote, Executive Director, Latinos
for a Secure Retirement.
SUBCOMMITTEE HEARINGS
On March 12, 2019, the Subcommittee on Social Security
heard testimony on ``Protecting and Improving Social Security:
Enhancing Social Security to Strengthen The Middle Class''
from: (i) Joan Ruff, Chair, Board of Directors, AARP; (ii) Kate
Farrar, Executive Director, Connecticut Women's Education and
Legal Fund; (iii) Maya Rockeymoore Cummings, President and CEO,
Global Policy Solutions; (iv) Joseph Semprevivo, President and
CEO, Joseph's Lite Cookies; (v) Yanira Cruz, President and CEO,
National Hispanic Council on Aging; and (vi) Ilana Boivie,
Research Economist, International Association of Machinists and
Aerospace Workers, AFL-CIO.
On March 13, 2019, the Subcommittee on Social Security
heard testimony on ``Protecting and Improving Social Security:
Benefit Enhancements'' from: (i) Max Richtman, President and
CEO, National Committee to Preserve Social Security and
Medicare; (ii) Bette Marafino, President, Connecticut Alliance
for Retired Americans; (iii) Abigail Zapote, Executive
Director, Latinos for a Secure Retirement; (iv) Andrew Biggs,
Resident Scholar, American Enterprise Institute, (v) Joan
Entmacher, Senior Fellow, National Academy of Social Insurance;
and (vi) Donna Butts, Executive Director, Generations United.
On April 10, 2019, the Subcommittee on Social Security
received testimony on ``Comprehensive Legislative Proposals to
Enhance Social Security'' from: (i) Dianne Stone, Director,
Newington Senior & Disability Center; (ii) Stephen C. Goss,
Chief Actuary, Social Security Administration; (iii) Nancy J.
Altman, President, Social Security Works; (iv) Mattie Duppler,
Senior Fellow for Fiscal Policy, National Taxpayers Union; (v)
Shaun Castle, Deputy Executive Director, Paralyzed Veterans of
America; and (vi) Max Richtman, President and CEO, National
Committee to Preserve Social Security and Medicare.
On July 17, 2020, the Subcommittee on Social Security
received testimony on ``The Impact of COVID-19 on Social
Security and Its Beneficiaries'' from: (i) Stephen C. Goss,
Chief Actuary, Social Security Administration; (ii) Max
Richtman, President and CEO, National Committee to Preserve
Social Security and Medicare; (iii) Melanie L. Campbell,
President and CEO, National Coalition on Black Civic
Participation and Convener, Black Women's Roundtable; (iv)
Mattie Duppler, Senior Fellow for Fiscal Policy, National
Taxpayers Union; (v) Abigail Zapote, Executive Director,
Latinos for a Secure Retirement; (vi) Shaun Castle, Deputy
Executive Director, Paralyzed Veterans of America; and (vii)
Robert Roach, Jr., President, Alliance for Retired Americans.
On September 24, 2020, the Subcommittee on Social Security
received testimony on ``Save Our Social Security Now'' from:
(i) Senator Ron Wyden, Oregon; (ii) Representative Danny K.
Davis, Illinois; (iii) Representative Linda Sanchez,
California; (iv) Representative Judy Chu, California; (v)
Representative Don Beyer, Virginia; (vi) Nancy J. Altman,
President, Social Security Works; (vii) Will Goodwin, Director
of Government Relations, VoteVets; (viii) Amy Matsui, Director
of Income Security and Senior Counsel, National Women's Law
Center; (ix) Janice Dean, Resident, New York; (x) Max Richtman,
President and CEO, National Committee to Preserve Social
Security and Medicare; and (xi) Robert Roach, Jr., President,
Alliance for Retired Americans.
III. PUBLIC HEARINGS
During the 116th 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 tax policy, trade, health and Social Security issues.
As the statistics below indicate, during the 116th
Congress, the full Committee and its six Subcommittees held
public hearings aggregating a total of 64 days, during which
time 322 witnesses testified.
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 116th
Congress.
TABLE 1--PUBLIC HEARINGS CONDUCTED BY THE FULL COMMITTEE ON WAYS AND
MEANS
------------------------------------------------------------------------
Number of--
Subject and Date -------------------------
Days Witnesses
------------------------------------------------------------------------
2019:
Hearing on Protecting Americans with Pre- 1 5
Existing Conditions How Tax Reform Will
Grow Our Economy and Create Jobs, January
29.......................................
Hearing on The Challenges Facing America's 1 7
Workers in Ensuring a Secure Retirement,
February 6...............................
Hearing on the Cost of Rising Prescription 1 5
Drug Prices, February 12.................
Hearing on U.S.-China Trade, February 27.. 1 1
Hearing on Our Nation's Crumbling 1 7
Infrastructure And The Need For Immediate
Action, March 6..........................
The President's Fiscal Year 2020 Budget 1 1
Proposal with U.S. Secretary of the
Treasury Steven Mnuchin, March 14........
Hearing on the 2017 Tax Law and Who it 1 5
Left Behind, March 27....................
Hearing on Paid Family and Medical Leave: 1 5
Helping Workers and Employers Succeed,
May 8....................................
Hearing on Understanding the Tax Gap and 1 4
Taxpayer Noncompliance, May 9............
Hearing on the Economic and Health 1 5
Consequences of Climate Change, May 15...
Hearing on Overcoming Racial Disparities 1 8
and Social Determinants in the Maternal
Mortality Crisis, May 16.................
Hearing on Pathways to Universal Health 1 6
Coverage, June 12........................
Hearing on the 2019 Trade Policy Agenda: 1 1
Negotiations with China, Japan, the EU,
and UK; new NAFTA/USMCA; U.S.
Participation in the WTO; and other
matters, June 19.........................
Legislative Hearing on the Social Security 1 5
2100 Act, June 25........................
Investing in the U.S. Health System by 1 5
Lowering Drug Prices, Reducing Out-of-
Pocket Costs, and Improving Medicare
Benefits, October 17.....................
Caring for Aging Americans, November 14... 1 6
Total for 2019........................ 16 76
2020:
Hearing on Paid Leave Legislative Options, 1 9
January 28...............................
Hearing on Paving the Way for Funding and 1 5
Financing Infrastructure Investments,
January 29...............................
Hearing on The Disappearing Corporate 1 4
Income Tax, February 11..................
Hearing on U.S.-China Trade and 1 6
Competition, February 26.................
Hearing on Proposed Fiscal Year 2021 1 1
Budget with Health and Human Services
Secretary Azar, February 27..............
Hearing on The Proposed Fiscal Year 2021 1 1
Budget with Treasury Secretary Steven
Mnuchin, March 3.........................
Hearing on The Disproportionate Impact of 1 6
COVID-19 on Communities of Color, May 27.
Hearing on The 2020 Trade Policy Agenda, 1 1
June 17..................................
Total for 2020........................ 8 33
Total for 116th Congress.......... 24 109
------------------------------------------------------------------------
The six Subcommittees of the Committee on Ways and Means
were also very active in conducting public hearings during the
116th 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, 2019-January 3, 2021)
------------------------------------------------------------------------
Number of--
Subject and Date -------------------------
Days Witnesses
------------------------------------------------------------------------
SUBCOMMITTEE ON TRADE
2019:
Hearing on Trade and Labor: Creating and 1 7
Enforcing Rules to Benefit American
Workers, March 26........................
Hearing on Enforcement in the New NAFTA, 1 5
May 22...................................
Hearing on Mexico's Labor Reform: 1 4
Opportunities and Challenges for an
Improved NAFTA, June 25..................
U.S.-Japan Trade Agreements, November 26.. 1 4
Total for 2019........................ 4 20
2020:
Hearing on Trade Infrastructure for Global 1 6
Competitiveness, February 6..............
Hearing on Trade, Manufacturing, and 1 5
Critical Supply Chains: Lessons from
COVID-19, July 23........................
Hearing on the Caribbean Basin Trade 1 5
Partnership Act: Considerations for
Renewal, September 10....................
Hearing on Enforcing the Ban on Imports 1 5
Produced by Forced Labor in Xinjiang,
September 17.............................
Total for 2020........................ 4 21
Total for 116th Congress.......... 8 41
SUBCOMMITTEE ON WORKER AND FAMILY SUPPORT 2019
2019:
Hearing on Leveling the Playing Field for 1 4
Working Families: Challenges and
Opportunities, March 7...................
Hearing on Celebrating Fathers and 1 5
Families: Federal Support for Responsible
Fatherhood, June 11......................
Total for 2019........................ 2 9
2020:
Hearing on Combatting Child Poverty in 1 5
America, March 11........................
Hearing on The Child Care Crisis and the 1 4
Coronavirus Pandemic, June 23............
Total for 2020........................ 2 9
Total for 116th Congress.......... 4 18
SUBCOMMITTEE ON OVERSIGHT
2019:
Hearing on Legislative Proposals and Tax 1 5
Law Related to Presidential and Vice-
Presidential Tax Returns, February 7.....
Hearing with the National Taxpayer 1 1
Advocate on the IRS Filing Season, March.
Hearing on How the Tax Code Subsidizes 1 5
Hate, September 19.......................
Hearing on The Public Health Consequences 1 8
and Costs of Gun Violence, September 26..
Total for 2019........................ 4 19
2020:
Hearing on Taxpayer Fairness, October 13.. 1 5
Hearing on Maximizing Health Coverage 1 4
Enrollment Amidst Administration
Sabotage, October 20.....................
Hearing with the IRS Commissioner, 1 1
November 20..............................
Total for 2020........................ 3 10
Total for 116th Congress.......... 7 29
SUBCOMMITTEE ON SOCIAL SECURITY
2019:
Hearing on Protecting and Improving Social 1 6
Security: Enhancing Social Security to
Strengthen the Middle Class, March 12....
Hearing on Protecting and Improving Social 1 6
Security: Benefit Enhancements, March 13.
Hearing on Comprehensive Legislative 1 6
Proposals to Enhance Social Security,
April 10.................................
Total for 2019........................ 3 18
2020:
Hearing on The Impact of COVID-19 on 1 7
Social Security and its Beneficiaries,
July 17..................................
Hearing on Save Our Social Security Now, 1 11
September 24.............................
Total for 2020........................ 2 18
Total for 116th Congress.......... 5 36
SUBCOMMITTEE ON SELECT REVENUE MEASURES
2019:
Hearing on How Middle Class Families are 1 7
Faring in Today's Economy, February 13...
Hearing on Temporary Policy in the 1 5
Internal Revenue Code, March 12..........
Hearing on How Recent Limitations to the 1 6
SALT Deduction Harm Communities, Schools,
First Responders, and Housing Values,
June 25..................................
Members' Day Hearing Focused on the Recent 1 21
Changes Made to the Federal Tax Treatment
of State and Local Taxes, June 26........
Total for 2019........................ 4 41
2020:
Hearing on Examining the Impact of the Tax 1 8
Code on Native American Tribes, March 4..
Hearing on Tax Relief to Support Workers 1 5
and Families during the COVID-19
Recession, June 18.......................
Hearing on Consequences of Inaction on 1 5
COVID Tax Legislation, September 11......
Hearing on Restaurants in America During 1 6
the COVID-19 Pandemic, September 25......
Total for 2020........................ 4 24
Total for 116th Congress.......... 8 65
------------------------------------------------------------------------
IV. MARKUPS
TABLE 3--PUBLIC MARKUPS CONDUCTED BY THE FULL COMMITTEE ON WAYS AND
MEANS
------------------------------------------------------------------------
Number of--
Subject and Date -------------------------
Days Bills
------------------------------------------------------------------------
2019:
Ways and Means Organizational Meeting, 1 - - -
January 12...............................
Consideration of Committee Rules for
116th Congress
Views and Estimates, March 6..............
Views and Estimates Letter to the 1 - - -
Committee on the Budget
Markup on April 2:........................ 1 3
--H.R. 1759, ``Building on
Reemployment Improvements to Deliver
Good Employment for Workers (BRIDGE
for Workers) Act''
--H.R. 1994, ``Setting Every Community
Up for Retirement Enhancement Act of
2019''
--H.R. 1957, ``Taxpayer First Act of
2019''
Markup on April 9:
--H.R. 2113, ``Prescription Drug 1 1
Sunshine, Transparency,
Accountability and Reporting (STAR)
Act of 2019''........................
Markup on June 20:
--H.R. 3298, The Child Care Quality
and Access Act of 2019
--H.R. 3299, The Promoting Respect for 1 4
Individuals' Dignity and Equality
(PRIDE) Act of 2019..................
--H.R. 3300, The Economic Mobility Act
of 2019
--H.R. 3301, The Taxpayer Certainty
and Disaster Tax Relief Act of 2019
Markup on June 26:
H.R. 3417, The Beneficiary Education 1 5
Tools, Telehealth, and Extenders
Reauthorization Act of 2019..........
--H.R. 3429, The HEARTS and Rural
Relief Act
--H.R. 3436 The Improving Chronic Care
Management Act
--H.R. 3414, The Opioid Workforce Act
of 2019
--H.R. 3439 The Protecting Access to
Information for Effective and
Necessary Treatment (PATIENTS) Act of
2019
Markup on July 10:........................ 1 1
--H.R. 397, H.R. 397, The
Rehabilitation for Multiemployer
Pensions Act of 2019
Executive Session held on Historical 1 - - -
Documents related to section 6103, July
25.......................................
Markup on October 22:..................... 1 5
--H.R. 3398, The Pathways to Health
Careers Act of 2019
--H.R. 3, The Lower Drug Costs Act Now
of 2019
--H.R. 4650, The Medicare Dental Act
of 2019
--H.R. 4665, The Medicare Vision Act
of 2019
--H.R. 4618, The Medicare Hearing Act
of 2019
Markup on October 23:
--H.R. 4742, ``To amend the Internal 1 4
Revenue Code of 1986 to impose a tax
on nicotine used in vaping, etc.''
--H.R. 4716, The Inhaler Coverage and
Access Now (I CAN) Act
--H.R. 1922, The Restoring Access to
Medication Act of 2019
--H.R. 3708, The Primary Care
Enhancement Act of 2019
Markup on December 11..................... 1 2
--H.R. 5306, The Know Your Social
Security Act
--H.R. 5377, The Restoring Tax
Fairness for States and Localities
Act
Markup on December 19..................... 1 2
--H. Res. 746, a Resolution to Support
and Reform the World Trade
Organization (WTO)
--H.R. 5430, To implement the
Agreement between the United States
of America, the United Mexican
States, and Canada attached as an
Annex to the Protocol Replacing the
North American Free Trade Agreement
Total for 2019............................ 11 2
2020:
Markup on February 12..................... 1 3
--H.R. 5821, the ``HOSPICE'' Act
--H.R. 5825, The ``Transparency in
Health Care Investments Act of 2020''
--H.R. 5826, the ``Consumer
Protections Against Surprise Medical
Bills Act''
Markup on March 3--Views and Estimates 1 - - -
Letter...................................
Total for 2020............................ 2 3
Total for 116th Congress.............. 12 30
------------------------------------------------------------------------
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 (a) payments in 2012 totaled $48.8
billion, while State expenditures for federally
administered SSI supplements totaled $3.3
billion.
(d) Temporary Assistance for Needy Families
(TANF) (part A of Title IV)--The TANF program
is a block grant of about $16.5 billion awarded
to States to provide income assistance to poor
families, to end dependency on welfare benefits
to prevent non-marital births, and to encourage
marriage, among other purposes. In most cases,
Federal TANF benefits for individuals are
limited to 5 years and individuals must work to
maintain their eligibility. In June 2013, about
1.7 million families and 4.0 million
individuals received benefits from the TANF
program.
(e) Child support enforcement (Part D of
Title IV)--In fiscal year 2012 Federal
administrative expenditures totaled $5.6
billion for child support enforcement program.
Child support collections for the year totaled
$27.7 billion.
(f) Child welfare, foster care, and adoption
assistance (parts B and E of Title IV)--Titles
IV B and E provide funds to States for child
welfare services for abused and neglected
children; foster care for children who meet Aid
to Families with Dependent Children eligibility
criteria; and adoption assistance for children
with special needs. In fiscal year 2013,
Federal funding for child welfare services
totaled $688 million. Federal funding for
foster care and adoption assistance were
approximately $6.7 billion.
(g) Unemployment compensation programs
(Titles III, IX, and XII)--These titles
authorize the Federal-State unemployment
compensation program and the permanent extended
benefits program. In fiscal year 2012, an
estimated $68.0 billion was paid in
unemployment compensation, with approximately
8.3 million workers receiving their first
unemployment compensation payment.
(h) Social services (Title XX)--Title XX
authorizes the Federal Government to reimburse
the States for money spent to provide persons
with various services. Generally, the specific
services provided are determined by each State.
In fiscal year 2012, $1.7 billion was
appropriated. These funds are allocated on the
basis of population.
(4) Trade and tariff legislation--The Committee on
Ways and Means has responsibility over legislation
relating to tariffs, import trade, and trade
negotiations. In the early days of the Republic, tariff
and customs receipts were major sources of revenue for
the Federal Government. As the Committee with
jurisdiction over revenue-raising measures, the
Committee on Ways and Means thus evolved as the primary
Committee responsible for international trade policy.
The Constitution vests the power to levy tariffs and to
regulate international commerce specifically in the Congress as
one of its enumerated powers. Statutes including the Reciprocal
Trade Agreements Acts beginning in 1934, Trade Expansion Act of
1962, Trade Act of 1974, Trade Agreements Act of 1979, Trade
and Tariff Act of 1984, Omnibus Trade and Competitiveness Act
of 1988, North American Free Trade Agreement (NAFTA)
Implementation Act, Uruguay Round Agreements Act, Trade Act of
2002, and other legislation implementing U.S. obligations under
trade agreements implementing bills provide the basis for U.S.
bargaining with other countries and the means to achieve the
mutual reduction of tariff and nontariff trade barriers under
reciprocal trade agreements.
The Committee's jurisdiction includes the following
authorities and programs:
(a) The tariff schedules and all tariff preference
programs, such as the General System of Preferences,
the Caribbean Basin Initiative, the Africa Growth and
Opportunity Act, the Andean Trade Preferences Act, and
the Haitian Hemispheric Opportunity through Growth Act;
(b) Laws dealing with unfair trade practices,
including the antidumping law, countervailing duty law,
section 301, and section 337;
(c) Other laws dealing with import trade, including
section 201 (escape clause), section 232 national
security controls, section 22 agricultural
restrictions, international commodity agreements,
textile restrictions under section 204, and any other
restrictions or sanctions affecting imports;
(d) General and specific trade negotiating authority,
as well as implementing authority for trade agreements
and the grant of normal-trade-relations (NTR) status;
(e) Trade Adjustment Assistance programs for workers,
firms, farmers, and communities;
(f) Customs administration and enforcement, including
rules of origin and country-of origin marking, customs
classification, customs valuation, customs user fees,
and U.S. participation in the World Customs
Organization (WCO);
(g) Trade and customs revenue functions of the
Department of Homeland Security and the Department of
the Treasury.
(h) Authorization of the budget for the International
Trade Commission (ITC), functions of the Department of
Homeland Security under the Committee's jurisdiction
(including the Bureaus of Customs and Border Protection
(CBP) and Immigration and Customs Enforcement (ICE),
and the Office of the U.S. Trade Representative (USTR).
D. Revenue Originating Prerogative of the House of Representatives
The Constitutional Convention debated adopting the British
model in which the House of Lords could not amend revenue
legislation sent to it from the House of Commons. Eventually,
however, the Convention proposed and the States later ratified
the Constitution providing that ``All bills for raising revenue
shall originate in the House of Representatives, but the Senate
may propose or concur with amendments as on other bills.''
(Article 1, Section 7, clause 1.)
In order to pass constitutional scrutiny under this
``origination clause,'' a tax bill must be passed first by the
House of Representatives. After the House has completed action
on a bill and approved it by a majority vote, the bill is
transmitted to the Senate for formal action. The Senate may
have already reviewed issues raised by the bill before its
transmission. For example, the Senate Committee on Finance
frequently holds hearings on tax legislative proposals before
the legislation embodying those proposals is transmitted from
the House of Representatives. On occasion, the Senate will
consider a revenue bill in the form of a Senate or ``S.'' bill,
and then await passage of a revenue ``H.R.'' bill from the
House. The Senate then will add or substitute provisions of the
``S.'' bill as an amendment to the ``H.R.'' bill and send the
``H.R.'' bill back to the House of Representatives for its
concurrence or for conference on the differing provisions.
E. The House's Exercise of Its Constitutional Prerogative: ``Blue
Slipping''
When a Senate bill or amendment to a House bill infringes
on the constitutional prerogative of the House to originate
revenue measures, that infringement may be raised in the House
as a matter of privilege. That privilege has also been asserted
on a Senate amendment to a House amendment to a Senate bill
(see 96th Congress, 1st Session, November 8, 1979,
Congressional Record p. H10425).
Note that the House in its sole discretion may determine
that legislation passed by the Senate infringes on its
prerogative to originate revenue legislation. In the absence of
such determination by the House, the Federal courts are
occasionally asked to rule a certain revenue measure to be
unconstitutional as not having originated in the House (see
U.S. v. Munoz-Flores, 495 U.S. 385 (1990).
Senate bills or amendments to non-revenue bills infringe on
the House's prerogative even if they do not raise or reduce
revenue. Such infringements are referred to as ``revenue
affecting.'' Thus, any import ban which could result in lost
customs tariffs must originate in the House (100th Congress,
1st Session, July 30, 1987 100th Congress, 2nd Session, June
16, 1988, Congressional Record p. H4356). Offending bills and
amendments are returned to the Senate through the passage in
the House of a House Resolution which states that the Senate
provision: ``in the opinion of the House, contravenes the first
clause of the seventh section of the first article of the
Constitution of the United States and is an infringement of the
privilege of the House and that such bill be respectfully
returned to the Senate with a message communicating this
resolution'' (e.g., 100th Congress, 1st Session, July 30, 1987,
Congressional Record p. H6808). This practice is referred to as
``blue slipping'' because the resolution returning the
offending bill to the Senate is printed on blue paper. In other
cases, the Committee of the Whole House has passed a similar or
identical House bill in lieu of a Senate bill or amendment
(e.g., 91st Congress, 2nd Congress, May 11, 1970, Congressional
Record pp. H14951-14960). The Committee on Ways and Means has
also reported bills to the House which were approved and sent
to the Senate in lieu of Senate bills (e.g., 93rd Congress, 1st
Session, November 6, 1973, Congressional Record pp. 36006-
36008). In other cases, the Senate has substituted a House bill
or delayed action on its own legislation to await a proper
revenue affecting bill or amendment from the House (see 95th
Congress, 2nd Session, September 22, 1978, Congressional Record
p. H30960; January 22, 1980, Congressional Record p. S107).
Any Member may offer a resolution seeking to invoke Article
I, Section 7. However, the determination that a bill violates
the Origination Clause has been traditionally made by Members
of the Committee on Ways and Means, and the resolution has been
offered by the Chairman or another Member of the Committee on
Ways and Means. Because Article I, Section 7 involves the
privileges of the House, a blue-slip resolution offered by the
Chairman or other Members of the Committee on Ways and Means
has been typically adopted by voice vote on the House Floor.
There have been instances where the House has agreed to not
deal directly with the issue by tabling a resolution.\2\\3\
---------------------------------------------------------------------------
\2\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.]
\3\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.
In the 116th Congress, the House did not formally raise a
question of its privileges as relating to the origination
clause of the United States Constitution. However, the House
Ways and Means Committee worked closely with the House
Leadership and members of the Senate to address constitutional
infirmities in Senate originated provisions before measures
were subject to blue slip procedures. For example, the House
Ways and Means Committee worked with the other Chamber to
address offending provisions in both the 2020 and 2021 National
Defense Authorizations Acts.
S. 1790, National Defense Authorization Act for Fiscal Year
2020, passed the Senate on June 27, 2019 and was held at the
desk in the House. The House Ways and Means Committee
identified a revenue provision within Title LXIX, Otto Warmbier
Banking Restrictions Involving North Korea Act of 2019, which
imposed a new requirement on the President for the waiver of
certain sanctions under the North Korea Sanctions and Policy
Act of 2016. While the Senate had included an exception for the
importation of goods, it was determined that the drafting did
not effectively insulate the bill from constitutional scrutiny.
Upon learning of this deficiency, the Senate requested the
return of the papers and the House complied with the request.
The Senate subsequently amended S. 1790 (S. Amdt 938) by
unanimous consent to remove the revenue provisions and sent the
amended bill to the House. The House determined that S. 1790 as
amended by S. Amdt 938 did not violate the origination clause
of the United States Constitution.
On November 16, 2020 the Senate passed by voice vote H.R.
6395, National Defense Authorization Act of 2021 with an
amendment in a nature of a substitute inserting the provisions
of S. 4049 as passed by the Senate on July 23, 2020, with an
amendment. The text of the amendment in a nature of a
substitute omitted sections 3158 and 8159 that had appeared in
Senate engrossed S. 4049. These two provisions regarding the
extension and expansion of limitations on uranium were deemed
as offending revenue provisions and if added as a Senate
amendment to H.R. 6395 would have violated the origination
clause of the United States Constitution. With the omission of
these two provisions in the Senate amendment, the package was
not subject to formal blue slip procedures and H.R. 6395
proceeded to conference.
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 116th Congress, through December 28, 2020, a
total of 1,727 bills were referred to the Committee,
representing 10.4 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 116TH 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
116th Congress............................................... 16,587 1,727 10.4
----------------------------------------------------------------------------------------------------------------
B. Number and Final Status of Bills Reported From the Committee on Ways
and Means in the 116th Congress
During the 116th Congress, the Committee reported to the
House a total of 31 bills favorably. There were 10 bills
containing provisions within the purview of the Committee that
were passed by the House; 10 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 116th 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
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
Richard E. Neal..................... Massachusetts.......... Democrat.............. 2019 to Present
----------------------------------------------------------------------------------------------------------------
A. Tables Showing Membership of the Committee
MEMBERS OF THE COMMITTEE ON WAYS AND MEANS FROM THE 1ST THROUGH THE
116TH 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........................... 15-
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
Stephanie Murphy........................... 116
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................................. v103-116
Mac Collins................................ 104-108
John Linder................................ 109-111
Tom Price.................................. vi112-115
Drew Ferguson.............................. 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............................... vii115-
Brad Schneider............................. 116-
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
Ron Estes.................................. 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................................ viii110-112
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, ix105-109
Jim McCrery................................ 103-110
Jimmy Hayes................................ x104
Charles W. Boustany, Jr.................... 111-114
Cedric Richmond............................ xi116
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................................ xii115
Dan Kildee................................. 116-
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................................ xiii111-112
Steven Horsford............................ 116-
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, xiv104-110
Amo Houghton............................... 103-108
Thomas M. Reynolds......................... 109-110
Joseph Crowley............................. 110-115
Brian Higgins.............................. 111-
Christopher Lee............................ xv112
Tom Reed................................... xvi112-
Tom Suozzi................................. 116-
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............................. 115-
North Dakota:
Martin N. Johnson.......................... 54-55
George M. Young............................ 66-68
Byron L. Dorgan............................ 8-102
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................................ xvii104-109
Stephanie Tubbs Jones...................... xviii108-110
Pat Tiberi................................. xix110-115
Jim Renacci................................ 113-115
Brad Wenstrup.............................. xx115
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................................. xxi114 115
Brendan Boyle.............................. 116-
Dwight Evans............................... 116-
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.............................. xxii104
Lloyd Doggett.............................. 104-
Kevin Brady................................ 107-
Max Sandlin................................ 108
Kenny Marchant............................. xxiii112-116
Jodey Arrington............................ 116-
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
Don Beyer.................................. 116
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-
Gwen Moore................................. 116-
------------------------------------------------------------------------
iReelected to the 109th Congress; died January 1, 2005.
iiAppointed May 5, 2005.
iiiAppointed February 7, 2017.
ivResigned September 29, 2006.
vDied, July 17, 2020.
viResigned February 10, 2017.
viiAppointed January 9, 2018.
viiiResigned July 31, 2012.
ixAppointed January 25, 1996.
xAppointed January 25, 1996.
xiAppointed September 22, 2020.
xiiAppointed February 14, 2017.
xiiiAppointed to Senate April 27, 2011.
xivDied August 20, 2008.
xvResigned February 9, 2011.
xviAppointed June 13, 2011.
xviiResigned April 29, 2005.
xviiiDied August 21, 2008.
xixResigned January 15, 2018.
xxAppointed May 16, 2018.
xxiResigned April 27, 2018.
xxiiAppointed July 10, 1995.
xxiiiAppointed March 15, 2011.
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