[Senate Report 117-9]
[From the U.S. Government Publishing Office]
117th Congress } { Report
SENATE
1st Session } { 117-9
_______________________________________________________________________
R E P O R T
ON THE ACTIVITIES
of the
COMMITTEE ON FINANCE
of the
UNITED STATES SENATE
during the
116th CONGRESS
pursuant to
Rule XXVI of the Standing Rules
of the
UNITED STATES SENATE
April 13, 2021.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
19-010 WASHINGTON : 2021
[116th Congress--Committee Membership]
COMMITTEE ON FINANCE
CHUCK GRASSLEY, Iowa, Chairman
MIKE CRAPO, Idaho RON WYDEN, Oregon
PAT ROBERTS, Kansas DEBBIE STABENOW, Michigan
MICHAEL B. ENZI, Wyoming MARIA CANTWELL, Washington
JOHN CORNYN, Texas ROBERT MENENDEZ, New Jersey
JOHN THUNE, South Dakota THOMAS R. CARPER, Delaware
RICHARD BURR, North Carolina BENJAMIN L. CARDIN, Maryland
JOHNNY ISAKSON, Georgia\1\ SHERROD BROWN, Ohio
ROB PORTMAN, Ohio MICHAEL F. BENNET, Colorado
PATRICK J. TOOMEY, Pennsylvania ROBERT P. CASEY, Jr., Pennsylvania
TIM SCOTT, South Carolina MARK R. WARNER, Virginia
BILL CASSIDY, Louisiana SHELDON WHITEHOUSE, Rhode Island
JAMES LANKFORD, Oklahoma MAGGIE HASSAN, New Hampshire
STEVE DAINES, Montana CATHERINE CORTEZ MASTO, Nevada
TODD YOUNG, Indiana
BEN SASSE, Nebraska\2\
Kolan Davis, Staff Director and Chief Counsel
Joshua Sheinkman, Democratic Staff Director
SUBCOMMITTEES
HEALTH CARE
PATRICK J. TOOMEY, Pennsylvania, Chairman
CHUCK GRASSLEY, Iowa DEBBIE STABENOW, Michigan
PAT ROBERTS, Kansas\3\ MARIA CANTWELL, Washington
MICHAEL B. ENZI, Wyoming\4\ ROBERT MENENDEZ, New Jersey
JOHN THUNE, South Dakota THOMAS R. CARPER, Delaware
RICHARD BURR, North Carolina BENJAMIN L. CARDIN, Maryland
JOHNNY ISAKSON, Georgia\1\ SHERROD BROWN, Ohio
TIM SCOTT, South Carolina ROBERT P. CASEY, Jr., Pennsylvania
BILL CASSIDY, Louisiana MARK R. WARNER, Virginia
JAMES LANKFORD, Oklahoma SHELDON WHITEHOUSE, Rhode Island
STEVE DAINES, Montana MAGGIE HASSAN, New Hampshire
TODD YOUNG, Indiana CATHERINE CORTEZ MASTO, Nevada
BEN SASSE, Nebraska\5\
______
INTERNATIONAL TRADE, CUSTOMS, AND GLOBAL COMPETITIVENESS
JOHN CORNYN, Texas, Chairman
MIKE CRAPO, Idaho ROBERT P. CASEY, Jr., Pennsylvania
PAT ROBERTS, Kansas\3\ RON WYDEN, Oregon
JOHN THUNE, South Dakota DEBBIE STABENOW, Michigan
JOHNNY ISAKSON, Georgia\1\ MARIA CANTWELL, Washington
ROB PORTMAN, Ohio ROBERT MENENDEZ, New Jersey
PATRICK J. TOOMEY, Pennsylvania BENJAMIN L. CARDIN, Maryland
TIM SCOTT, South Carolina SHERROD BROWN, Ohio
BILL CASSIDY, Louisiana MARK R. WARNER, Virginia
STEVE DAINES, Montana CATHERINE CORTEZ MASTO, Nevada
TODD YOUNG, Indiana
BEN SASSE, Nebraska\5\
(ii)
ENERGY, NATURAL RESOURCES, AND INFRASTRUCTURE
TIM SCOTT, South Carolina, Chairman
CHUCK GRASSLEY, Iowa MICHAEL F. BENNET, Colorado
MIKE CRAPO, Idaho RON WYDEN, Oregon
PAT ROBERTS, Kansas\3\ MARIA CANTWELL, Washington
MICHAEL B. ENZI, Wyoming\4\ THOMAS R. CARPER, Delaware
JOHN CORNYN, Texas SHELDON WHITEHOUSE, Rhode Island
RICHARD BURR, North Carolina MAGGIE HASSAN, New Hampshire
STEVE DAINES, Montana
______
SOCIAL SECURITY, PENSIONS, AND FAMILY POLICY
ROB PORTMAN, Ohio, Chairman
CHUCK GRASSLEY, Iowa SHERROD BROWN, Ohio
BILL CASSIDY, Louisiana MICHAEL F. BENNET, Colorado
JAMES LANKFORD, Oklahoma ROBERT P. CASEY, Jr., Pennsylvania
TODD YOUNG, Indiana CATHERINE CORTEZ MASTO, Nevada
______
TAXATION AND IRS OVERSIGHT
JOHN THUNE, South Dakota, Chairman
MIKE CRAPO, Idaho MARK R. WARNER, Virginia
MICHAEL B. ENZI, Wyoming\4\ ROBERT MENENDEZ, New Jersey
JOHN CORNYN, Texas THOMAS R. CARPER, Delaware
RICHARD BURR, North Carolina BENJAMIN L. CARDIN, Maryland
JOHNNY ISAKSON, Georgia\1\ MICHAEL F. BENNET, Colorado
ROB PORTMAN, Ohio SHELDON WHITEHOUSE, Rhode Island
PATRICK J. TOOMEY, Pennsylvania
JAMES LANKFORD, Oklahoma\6\
______
FISCAL RESPONSIBILITY AND ECONOMIC GROWTH
BILL CASSIDY, Louisiana, Chairman
TIM SCOTT, South Carolina MAGGIE HASSAN, New Hampshire
JAMES LANKFORD, Oklahoma\7\ RON WYDEN, Oregon
BEN SASSE, Nebraska\5\
----------
\1\Left the committee December 31, 2019.
\2\Joined the committee January 6, 2020.
\3\Left the subcommittee January 6, 2020.
\4\Left the subcommittee January 6, 2020.
\5\Joined the subcommittee January 6, 2020.
\6\Joined the subcommittee January 6, 2020.
\7\Left the subcommittee January 6, 2020.
(iii)
LETTER OF TRANSMITTAL
----------
U.S. Senate,
Committee on Finance,
Washington, DC, April 13, 2021.
Honorable Sonceria ``Ann'' Berry,
Secretary, U.S. Senate,
Washington, DC.
Dear Madam Secretary: In accordance with rule XXVI of the
Standing Rules of the United States Senate and the pertinent
unanimous consent order pertaining to this rule, I am
transmitting herewith a report on the activities of the
Committee on Finance of the United States Senate for the 116th
Congress.
Sincerely,
Ron Wyden, Chairman.
(v)
C O N T E N T S
__________
Page
116th Congress--Committee Membership............................. II
Letter of Transmittal............................................ V
Committee Jurisdiction........................................... 1
Rules of Procedure............................................... 2
Tax--Summary of Activities....................................... 5
Full Committee Hearings...................................... 6
Full Committee Member Meeting................................ 7
Subcommittee on Fiscal Responsibility and Economic Growth.... 7
Subcommittee on Social Security, Pensions, and Family Policy. 7
Trade--Summary of Activities..................................... 9
Full Committee Hearings...................................... 9
Full Committee Open Executive Session........................ 11
Subcommittee on International Trade, Customs, and Global
Competitiveness............................................ 11
SAGON Meetings............................................... 11
Health--Summary of Activities.................................... 13
Full Committee Hearings...................................... 14
Full Committee Open Executive Session........................ 15
Subcommittee on Health Care.................................. 15
Human Services--Summary of Activities............................ 17
Full Committee Hearing....................................... 18
Full Committee Member Meeting................................ 18
Special Projects--Summary of Activities.......................... 19
Full Committee Hearings...................................... 23
Full Committee Member Meeting................................ 24
Bi-Partisan Working Group on Paid Family Leave........... 24
Oversight and Investigations--Summary of Activities.............. 25
Full Committee Hearings...................................... 36
Full Committee Classified Briefing........................... 37
Nominations...................................................... 39
Bills and Resolutions Referred to the Committee.................. 51
Reports, Prints, and Studies..................................... 53
Official Communications.......................................... 55
(vii)
117th Congress } { Report
SENATE
1st Session } { 117-9
======================================================================
REPORT ON THE ACTIVITIES OF THE COMMITTEE ON FINANCE DURING THE 116TH
CONGRESS
_______
April 13, 2021.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Finance, submitted the following
REPORT
This report reviews the legislative and oversight
activities of the Committee on Finance during the 116th
Congress. These activities parallel the broad scope of
responsibilities vested in the committee by the Legislative
Reorganization Act of 1946, as amended, rule XXV(k) of the
Standing Rules of the Senate, and additional authorizing
resolutions.
COMMITTEE JURISDICTION
Rule XXV(i) of the Standing Rules of the Senate requires
reference to this committee of all proposed legislation, and
other matters, dealing with (i) Committee on Finance, to which
committee shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
1. Bonded debt of the United States, except as
provided in the Congressional Budget Act of 1974.
2. Customs, collection districts, and ports of entry
and delivery.
3. Deposit of public moneys.
4. General revenue sharing.
5. Health programs under the Social Security Act and
health programs financed by a specific tax or trust
fund.
6. National social security.
7. Reciprocal trade agreements.
8. Revenue measures generally, except as provided in
the Congressional Budget Act of 1974.
9. Revenue measures relating to the insular
possessions.
10. Tariffs and import quotas, and matters related
thereto.
11. Transportation of dutiable goods.
(1)
COMMITTEE RULES
I. RULES OF PROCEDURE
Rule 1. Regular Meeting Days.--The regular meeting day of the
committee shall be the second and fourth Tuesday of each month, except
that if there be no business before the committee the regular meeting
shall be omitted.
Rule 2. Committee Meetings.--(a) Except as provided by paragraph 3
of Rule XXVI of the Standing Rules of the Senate (relating to special
meetings called by a majority of the committee) and subsection (b) of
this rule, committee meetings, for the conduct of business, for the
purpose of holding hearings, or for any other purpose, shall be called
by the chairman. Members will be notified of committee meetings at
least 48 hours in advance, unless the chairman determines that an
emergency situation requires a meeting on shorter notice. The
notification will include a written agenda together with materials
prepared by the staff relating to that agenda. After the agenda for a
committee meeting is published and distributed, no nongermane items may
be brought up during that meeting unless at least two-thirds of the
members present agree to consider those items.
(b) In the absence of the chairman, meetings of the committee may
be called by the ranking majority member of the committee who is
present, provided authority to call meetings has been delegated to such
member by the chairman.
Rule 3. Presiding Officer.--(a) The chairman shall preside at all
meetings and hearings of the committee except that in his absence the
ranking majority member who is present at the meeting shall preside.
(b) Notwithstanding the rule prescribed by subsection (a) any
member of the committee may preside over the conduct of a hearing.
Rule 4. Quorums.--(a) Except as provided in subsection (b) one-
third of the membership of the committee, including not less than one
member of the majority party and one member of the minority party,
shall constitute a quorum for the conduct of business.
(b) Notwithstanding the rule prescribed by subsection (a) one
member shall constitute a quorum for the purpose of conducting a
hearing.
Rule 5. Reporting of Measures or Recommendations.--No measure or
recommendation shall be reported from the committee unless a majority
of the committee is actually present and a majority of those present
concur.
Rule 6. Proxy Voting; Polling.--(a) Except as provided by
paragraph 7(a)(3) of Rule XXVI of the Standing Rules of the Senate
(relating to limitation on use of proxy voting to report a measure or
matter), members who are unable to be present may have their vote
recorded by proxy.
(b) At the discretion of the committee, members who are unable to
be present and whose vote has not been cast by proxy may be polled for
the purpose of recording their vote on any rollcall taken by the
committee.
Rule 7. Order of Motions.--When several motions are before the
committee dealing with related or overlapping matters, the chairman may
specify the order in which the motions shall be voted upon.
Rule 8. Bringing a Matter to a Vote.--If the chairman determines
that a motion or amendment has been adequately debated, he may call for
a vote on such motion or amendment, and the vote shall then be taken,
unless the committee votes to continue debate on such motion or
amendment, as the case may be. The vote on a motion to continue debate
on any motion or amendment shall be taken without debate.
Rule 9. Public Announcement of Committee Votes.--Pursuant to
paragraph 7(b) of Rule XXVI of the Standing Rules of the Senate
(relating to public announcement of votes), the results of rollcall
votes taken by the committee on any measure (or amendment thereto) or
matter shall be announced publicly not later than the day on which such
measure or matter is ordered reported from the committee.
Rule 10. Subpoenas.--Subpoenas for attendance of witnesses and the
production of memoranda, documents, and records shall be issued by the
chairman, or by any other member of the committee designated by him.
Rule 11. Nominations.--In considering a nomination, the committee
may conduct an investigation or review of the nominee's experience,
qualifications, and suitability, to serve in the position to which he
or she has been nominated. To aid in such investigation or review, each
nominee may be required to submit a sworn detailed statement including
biographical, financial, policy, and other information which the
committee may request. The committee may specify which items in such
statement are to be received on a confidential basis. Witnesses called
to testify on the nomination may be required to testify under oath.
Rule 12. Open Committee Hearings.--To the extent required by
paragraph 5 of Rule XXVI of the Standing Rules of the Senate (relating
to limitations on open hearings), each hearing conducted by the
committee shall be open to the public.
Rule 13. Announcement of Hearings.--The committee shall undertake
consistent with the provisions of paragraph 4(a) of Rule XXVI of the
Standing Rules of the Senate (relating to public notice of committee
hearings) to issue public announcements of hearings it intends to hold
at least one week prior to the commencement of such hearings.
Rule 14. Witnesses at Hearings.--(a) Each witness who is scheduled
to testify at any hearing must submit his written testimony to the
staff director not later than noon of the business day immediately
before the last business day preceding the day on which he is scheduled
to appear. Such written testimony shall be accompanied by a brief
summary of the principal points covered in the written testimony.
Having submitted his written testimony, the witness shall be allowed
not more than 10 minutes for oral presentation of his statement.
(b) Witnesses may not read their entire written testimony, but
must confine their oral presentation to a summarization of their
arguments.
(c) Witnesses shall observe proper standards of dignity, decorum,
and propriety while presenting their views to the committee. Any
witness who violates this rule shall be dismissed, and his testimony
(both oral and written) shall not appear in the record of the hearing.
(d) In scheduling witnesses for hearings, the staff shall attempt
to schedule witnesses so as to attain a balance of views early in the
hearings. Every member of the committee may designate witnesses who
will appear before the committee to testify. To the extent that a
witness designated by a member cannot be scheduled to testify during
the time set aside for the hearing, a special time will be set aside
for the witness to testify if the member designating that witness is
available at that time to chair the hearing.
Rule 15. Audiences.--Persons admitted into the audience for open
hearings of the committee shall conduct themselves with the dignity,
decorum, courtesy, and propriety traditionally observed by the Senate.
Demonstrations of approval or disapproval of any statement or act by
any member or witness are not allowed. Persons creating confusion or
distractions or otherwise disrupting the orderly proceeding of the
hearing shall be expelled from the hearing.
Rule 16. Broadcasting of Hearings.--(a) Broadcasting of open
hearings by television or radio coverage shall be allowed upon approval
by the chairman of a request filed with the staff director not later
than noon of the day before the day on which such coverage is desired.
(b) If such approval is granted, broadcasting coverage of the
hearing shall be conducted unobtrusively and in accordance with the
standards of dignity, propriety, courtesy, and decorum traditionally
observed by the Senate.
(c) Equipment necessary for coverage by television and radio
media shall not be installed in, or removed from, the hearing room
while the committee is in session.
(d) Additional lighting may be installed in the hearing room by
the media in order to raise the ambient lighting level to the lowest
level necessary to provide adequate television coverage of the hearing
at the then current state of the art of television coverage.
(e) The additional lighting authorized by subsection (d) of this
rule shall not be directed into the eyes of any members of the
committee or of any witness, and at the request of any such member or
witness, offending lighting shall be extinguished.
Rule 17. Subcommittees.--(a) The chairman, subject to the approval
of the committee, shall appoint legislative subcommittees. All
legislation shall be kept on the full committee calendar unless a
majority of the members present and voting agree to refer specific
legislation to an appropriate subcommittee.
(b) The chairman may limit the period during which House-passed
legislation referred to a subcommittee under paragraph (a) will remain
in that subcommittee. At the end of that period, the legislation will
be restored to the full committee calendar. The period referred to in
the preceding sentences should be 6 weeks, but may be extended in the
event that adjournment or a long recess is imminent.
(c) All decisions of the chairman are subject to approval or
modification by a majority vote of the committee.
(d) The full committee may at any time by majority vote of those
members present discharge a subcommittee from further consideration of
a specific piece of legislation.
(e) The chairman and ranking minority member shall serve as
nonvoting ex officio members of the subcommittees on which they do not
serve as voting members.
(f) Any member of the committee may attend hearings held by any
subcommittee and question witnesses testifying before that
subcommittee.
(g) Subcommittee meeting times shall be coordinated by the staff
director to ensure that--
(1) no subcommittee meeting will be held when the committee
is in executive session, except by unanimous consent;
(2) no more than one subcommittee will meet when the full
committee is holding hearings; and
(3) not more than two subcommittees will meet at the same
time.
Notwithstanding paragraphs (2) and (3), a subcommittee may meet
when the full committee is holding hearings and two subcommittees may
meet at the same time only upon the approval of the chairman and the
ranking minority member of the committee and subcommittees involved.
(h) All nominations shall be considered by the full committee.
(i) The chairman will attempt to schedule reasonably frequent
meetings of the full committee to permit consideration of legislation
reported favorably to the committee by the subcommittees.
Rule 18. Transcripts of Committee Meetings.--An accurate record
shall be kept of all markups of the committee, whether they be open or
closed to the public. A transcript, marked as ``uncorrected,'' shall be
available for inspection by members of the Senate, or members of the
committee together with their staffs, at any time. Not later than 21
business days after the meeting occurs, the committee shall make
publicly available through the Internet--
(a) a video recording;
(b) an audio recording; or
(c) after all members of the committee have had a reasonable
opportunity to correct their remarks for grammatical errors or to
accurately reflect statements, a corrected transcript.
Notwithstanding the above, in the case of the record of an
executive session of the committee that is closed to the public
pursuant to Rule XXVI of the Standing Rules of the Senate, the record
shall not be published or made public in any way except by majority
vote of the committee after all members of the committee have had a
reasonable opportunity to correct their remarks for grammatical errors
or to accurately reflect statements made.
Rule 19. Amendment of Rules.--The foregoing rules may be added to,
modified, amended, or suspended at any time.
TAX
SUMMARY OF ACTIVITIES
In the 116th Congress, the Senate Finance Committee was
responsible for the enactment of significant legislation
including expansion of retirement savings, improvements to tax
administration, extension of expiring provisions, and tax
relief to address the individual and economic effects of the
Coronavirus pandemic.
During the first session, the Finance Committee focused on
completing several pieces of unfinished business from the 115th
Congress. This included finalizing legislation to improve tax
administration and compliance with a focus on improving
taxpayer service, strengthening taxpayer rights, and
modernizing the Internal Revenue Service. The legislation was
ultimately enacted as the Taxpayer First Act (Pub. L. No. 116-
25), in July 2019. The committee also completed work that began
in the 114th Congress to enhance retirement saving in the
Setting Every Community Up for Retirement Enhancement (SECURE)
Act of 2019, which was enacted as part of the Further
Consolidated Appropriations Act, 2020 (Pub. L. No. 116-94) in
December 2019.
The Further Consolidated Appropriations Act of 2020 also
extended numerous expired and expiring provisions, known as
``extenders,'' generally through 2020. The Finance Committee
formed five member-led task forces to examine and report on the
expiring provisions, which served as a foundation for the
extenders legislation. A sixth task force focused on disaster
assistance and contributed to the tax relief included in the
Further Consolidated Appropriations Act, 2020 for individuals
and businesses affected by recent natural disasters.
The committee's work in the second session was dominated by
the Coronavirus pandemic and its far-reaching effects on the
health and safety of individuals, families, and businesses
across the Nation. The committee played a leading role in
providing tax relief to help Americans during the pandemic
response and assist businesses to continue their operations and
keep employees on payroll to the greatest extent possible,
which was included in the Families First Coronavirus Response
Act (Pub. L. No. 116-127) and the Coronavirus Aid, Relief, and
Economic Security (CARES) Act (Pub. L. No. 116-136) enacted in
March 2020. The committee worked closely with the Treasury
Department and the Internal Revenue Service to ensure that
individual relief, in particular the Economic Impact Payments,
and the business and employment provisions, were implemented as
quickly as possible. The committee also worked throughout the
remainder of the year to develop additional legislation to
provide tax relief to help families and to help employers
rehire workers and resume operations, significant portions of
which were enacted on December 27, 2020, in the Consolidated
Appropriations Act, 2021 (Pub. L. No. 116-260).
Building on the work from the first session, the committee
developed legislation to address the tax extenders expiring at
the end of 2020. The Consolidated Appropriations Act, 2021
included the committee's legislation making a number of
provisions permanent, extending some for 5 years, and
continuing others through 2021. The Consolidated Appropriations
Act, 2021 also included tax relief for victims of the natural
disasters that occurred across the country in 2020.
Throughout both sessions, the committee continued its
consultations with the Treasury Department on the
implementation of the Tax Cuts and Jobs Act of 2017 (Pub. L.
No. 115-97). Additionally, the committee continued to engage
with the Treasury Department and other stakeholders regarding
the ongoing discussions of the Organisation for Economic Co-
operation and Development and its efforts to develop consensus
proposals regarding the taxation of digital services, global
profit allocation, nexus, and anti-tax base erosion proposals.
Full Committee Hearings
2019
March 14, 2019--``President's Fiscal Year 2020 Budget.'' The
hearing covered the President's 2020 budget as well as the
operations of the Department of the Treasury and various
issues concerning implementation of the Tax Cuts and Jobs
Act of 2017. Testimony was heard from the Honorable Steven
T. Mnuchin, Secretary, Department of the Treasury,
Washington, DC.
April 10, 2019--``The 2019 Tax Filing Season and the 21st-
Century IRS.'' The hearing examined issues related to the
2019 tax filing season and modernization of the Internal
Revenue Service, including IRS performance, customer
service challenges, and information technology. Testimony
was heard from the Honorable Charles P. Rettig,
Commissioner, Internal Revenue Service, Washington, DC.
May 14, 2019--``Challenges in the Retirement System.'' The
hearing focused on current challenges in the U.S.
retirement system and reviewed current legislation,
including the Retirement Enhancement and Savings Act
(RESA), additional policy ideas to improve retirement
savings, and State programs to increase access to tax-
preferred retirement savings plans. Testimony was heard
from Joni Tibbetts, vice president, retirement and income
solutions, The Principal Financial Group, Des Moines, IA;
the Honorable Tobias Read, Oregon State Treasurer, Salem,
OR; Joan Ruff, board chair, AARP, Washington, DC; and Lynn
D. Dudley, senior vice president, global retirement and
compensation policy, American Benefits Council, Washington,
DC.
2020
February 12, 2020--``President's Fiscal Year 2021 Budget.'' The
hearing covered the President's 2021 budget and the
operations of the Department of the Treasury. Testimony was
heard from the Honorable Steven T. Mnuchin, Secretary,
Department of the Treasury, Washington, DC.
June 30, 2020--``2020 Filing Season and IRS COVID-19
Recovery.'' The hearing examined issues related to the 2020
tax filing season and the Internal Revenue Service's
efforts to implement the provisions of the Coronavirus Aid,
Relief, and Economic Security (CARES) Act and recover from
the COVID-19 pandemic shutdown requirements. Testimony was
heard from the Honorable Charles P. Rettig, Commissioner,
Internal Revenue Service, Washington, DC.
Full Committee Member Meeting
December 11, 2019--Full Committee Member Meeting to review
options available to address the financial challenges
facing the Pension Benefit Guaranty Corporation and the
multiemployer pension system. The meeting focused on the
current state of the multiemployer pension system and plans
in the most critical condition. Panelists focused on
features of the Grassley-Alexander multiemployer pension
relief proposal, including financial relief to failing
plans and the need for funding and other reforms to protect
participant and retiree benefits and to ensure the long-
term stability of the Pension Benefit Guaranty
Corporation's insurance fund. The briefing panel included
the Honorable Gordon Hartogensis, Director, Pension Benefit
Guaranty Corporation, Washington, DC; Thomas Barthold,
Chief of Staff, Joint Committee on Taxation, Washington,
DC; and Sheila Dacey, Chief, Income Security and Education
Cost Estimates Unit, Congressional Budget Office,
Washington, DC.
Subcommittee on Fiscal Responsibility and Economic Growth
2020
October 7, 2020--``The Fiscal Outlook.'' Testimony was heard
from the Honorable Phillip L. Swagel, Ph.D., Director,
Congressional Budget Office, Washington, DC; and the
Honorable Gene L. Dodaro, Comptroller General of the United
States, Government Accountability Office, Washington, DC.
Subcommittee on Social Security, Pensions,
and Family Policy
2020
December 9, 2020--``Investigating Challenges to American
Retirement Security.'' Testimony was heard from Scott Barr,
AAMS, financial advisor, Edward Jones, Zanesville, OH; Eric
Stevenson, president, retirement plans, Nationwide,
Columbus, OH; Michael P. Kreps, principal, Groom Law Group,
Washington, DC; and Joshua Luskin, president, National
Association of Government Defined Contribution
Administrators, Lexington, KY.
TRADE
SUMMARY OF ACTIVITIES
In the 116th Congress, the Senate Finance Committee sought
to enact policies to expand trade and investment-related
opportunities for American businesses, farmers, and workers,
including through oversight of how the administration conducted
trade policy. Notably, the committee guided passage of landmark
legislation approving and implementing the United States-
Mexico-Canada Agreement (USMCA), the modernized successor to
the North American Free Trade Agreement. This modernized
agreement will enhance opportunities for Americans with two of
our most important trading partners, Canada and Mexico.
The committee also advised and conducted oversight of
ongoing trade agreement negotiations being conducted pursuant
to Trade Promotion Authority, including those with the European
Union, Japan, the United Kingdom, and Kenya, as well as other
trade-
related negotiations including those that culminated in the
phase 1 deal with China. The committee ensured the
administration remained abreast of committee priorities as
those negotiations advanced.
The committee held several hearings to examine the U.S.
trade policies and to assess opportunities to improve and
increase trade. Of particular importance, the committee held
two hearings regarding the World Trade Organization (WTO).
Those hearings provided an opportunity for members to consider
how U.S. trade policy could help reform this critically
important institution.
Outside of hearings, the committee also examined a number
of the administration's trade actions, including investigations
that the Department of Commerce undertook pursuant to section
232 of the Trade Expansion Act of 1962 and the U.S. Trade
Representative pursuant to section 301 of the Trade Act of
1974. The committee also requested that the U.S. International
Trade Commission conduct investigations pursuant to section 332
of the Tariff Act of 1930 to identify and understand the trade
in goods related to addressing the coronavirus pandemic, as
well as an investigation into how foreign censorship practices
adversely affect American trade interests.
Full Committee Hearings
2019
March 12, 2019--``Approaching 25: The Road Ahead for the World
Trade Organization.'' The committee examined the
administration's approach to reform at the World Trade
Organization, particularly with regard to the Appellate
Body's operation and how to move forward with new WTO rules
to address China's unfair trade practices. Testimony was
heard from the Honorable Robert E. Lighthizer, United
States Trade Representative, Executive Office of the
President, Washington, DC.
June 18, 2019--``The President's 2019 Trade Policy Agenda and
the United States-Mexico-Canada Agreement.'' The committee
examined the President's trade priorities for 2019,
particularly the push to replace NAFTA with the USMCA. The
hearing also featured discussions on enforcement of U.S.
trade laws to address trade irritants; pursuing trade
agreements with the European Union, Japan, and the United
Kingdom; negotiations with China to resolve a broad range
of trade issues; and WTO reform. Testimony was heard from
the Honorable Robert E. Lighthizer, United States Trade
Representative, Executive Office of the President,
Washington, DC.
July 30, 2019--``The United States-Mexico-Canada Agreement.''
The committee examined the provisions in the USMCA and
emphasized the benefits the updated agreement would bring
to American businesses, families, and workers. Testimony
was heard from Paula Barnett, owner, designer, maker, Paula
Elaine Barnett Jewelry, Brownsville, OR; the Honorable Matt
Blunt, president, American Automotive Policy Council,
Washington, DC; James C. Collins, Jr., chief executive
officer, Corteva Agriscience, Wilmington, DE; Derek
Leathers, president and chief executive officer, Werner
Enterprises, Inc., Omaha, NE; the Honorable Thomas J.
Vilsack, president and chief executive officer, U.S. Dairy
Export Council, Arlington, VA; and Michael Wessel, staff
chair, Labor Advisory Committee for Trade Negotiations and
Trade Policy, and president, The Wessel Group, Washington,
DC.
2020
June 17, 2020--``The President's 2020 Trade Policy Agenda.''
The committee examined the President's trade priorities for
2020 in light of the COVID-19 pandemic. The committee
examined implementation of the USMCA and China phase 1
deal, trade negotiations with the United Kingdom and Kenya,
WTO reform, and digital services taxes implemented by U.S.
trading partners. Testimony was heard from the Honorable
Robert E. Lighthizer, United States Trade Representative,
Executive Office of the President, Washington, DC.
July 29, 2020--``WTO Reform: Making Global Rules Work for
Global Challenges.'' The committee examined longstanding
issues at the WTO and the need for a strong WTO reform
agenda. The committee highlighted the importance of the WTO
to U.S. interests, particularly in regard to confronting
China. Testimony was heard from Jennifer A. Hillman, senior
fellow for trade and international political economy,
Council on Foreign Relations, and professor, Georgetown
University Law Center, Washington, DC; Thomas R. Graham,
partner, Cassidy Levy Kent, Washington, DC; Laura J. Lane,
chief corporate affairs and communications officer, UPS,
Washington, DC; Joseph W. Glauber, Ph.D., senior research
fellow, International Food Policy Research Institute,
Washington, DC; and Michele Kuruc, vice president, ocean
policy, World Wildlife Fund, Washington, DC.
Full Committee Open Executive Session
January 7, 2020--Open Executive Session to consider the United
States-Mexico-Canada Implementation Act and to favorably
report the bill to the floor.
Subcommittee on International Trade, Customs,
and Global Competitiveness
2019
June 12, 2019--``China's Belt and Road Initiative.'' The
subcommittee examined China's Belt and Road Initiative and
expressed concerns over China using this initiative to
exert influence over recipient countries. Testimony was
heard from Carolyn Bartholomew, Chairman, U.S.-China
Economic and Security Review Commission, Washington, DC;
Roy D. Kamphausen, Commissioner, U.S.-China Economic and
Security Review Commission; Daniel Kliman, Ph.D., senior
fellow and director, Asia-
Pacific Security Program, Center for a New American
Security, Washington, DC; and Derek Scissors, Ph.D.,
resident scholar, American Enterprise Institute,
Washington, DC.
2020
June 30, 2020--``Censorship as a Non-Tariff Barrier to Trade.''
The subcommittee met to highlight the economic harm Chinese
censorship imposes on U.S. companies. Testimony was heard
from Richard Gere, chairman, International Campaign for
Tibet, Washington, DC; Nigel Cory, associate director,
trade policy, Information Technology and Innovation
Foundation, Washington, DC; Beth Baltzan, fellow, Open
Markets Institute, Washington, DC; and Clete R. Willems,
partner, Akin, Gump, Strauss, Hauer, and Feld LLP,
Washington, DC.
SAGON Meetings
February 6, 2019--Meeting of the Senate Advisory Group on
Negotiations, as required by section 104(c)(1) of the
Bipartisan Congressional Trade Priorities and
Accountability Act of 2015, to discuss congressional
priorities for trade negotiations and agreements during the
116th Congress. The Honorable Robert E. Lighthizer, United
States Trade Representative, Executive Office of the
President, Washington, DC, testified.
March 12, 2020--Meeting of the Senate Advisory Group on
Negotiations to discuss potential trade negotiations with
Kenya. The Honorable Robert E. Lighthizer, United States
Trade Representative, Executive Office of the President,
Washington, DC, testified.
HEALTH
SUMMARY OF ACTIVITIES
In the 116th Congress, the committee focused on improving
Medicare and Medicaid programs for individuals, providers, and
taxpayers.
In July of 2019, the committee reported the Prescription
Drug Pricing Reduction Act (PDPRA) in a bipartisan vote of 19-
9. PDPRA, which is based on information gathered in a three-
part hearing series, would lower patient's costs, address
manufacturer price increases, increase transparency, reduce
Federal spending, and lower commercial drug costs.
The committee played a key role in passing Medicaid and
Medicare improvements into law. In April of 2019, Congress
passed and the President signed the Medicaid Services
Investment and Accountability Act of 2019, which helps ensure
medically complex children receive coordinated care in the
Medicaid program, and prevents drug makers from misclassifying
drugs to avoid paying Medicaid rebates. In December of 2019,
the committee crafted policies that were signed into law in the
Further Consolidated Appropriations Act of 2020 that ensure
Medicare beneficiaries have access to vital services and items,
including stem cell transplants, laboratory tests, and complex
wheelchair equipment.
The committee also authored several policies included in
legislation to respond to the COVID-19 pandemic, most notably
the Coronavirus Aid, Relief, and Economic Security (CARES) Act
that the Congress passed and the President signed into law in
March of 2020. Examples of CARES Act policies that help
patients and providers include: expanded Medicare telehealth
flexibilities; Medicare coverage of COVID-19 vaccines with no
beneficiary cost-
sharing; loans to hospitals and other providers in the form of
an advance on future Medicare payments, and expanded patient
use of Health Savings Accounts and Flexible Spending Accounts.
In March of 2020, the committee issued a bipartisan
stakeholder request for information on how to tackle poor
maternal health outcomes, a crisis that disproportionately
affects women of color and women living in rural areas. The
committee undertook a process to identify bipartisan policy
ideas to improve maternal health outcomes in Medicaid and the
Children's Health Insurance Program recommended by stakeholders
and individual Senators.
The committee authored several provisions that were
included in H.R. 133, the vehicle for government funding,
health extenders, COVID-19 relief, and other matters that
Congress passed and the President signed into law in December
2020. The bill includes policies that extend expiring Medicare,
Medicaid, and Human Services programs for 3 years and provide
other support to patients and providers, including by
strengthening rural health care infrastructure and permanently
expanding access to mental health services via telehealth.
Full Committee Hearings
2019
January 29, 2019--``Drug Pricing in America: A Prescription for
Change, Part I.'' Testimony was heard from Kathy Sego,
mother of a child with insulin-dependent diabetes, Madison,
IN; Douglas Holtz-Eakin, Ph.D., president, American Action
Forum, Washington, DC; Mark Miller, Ph.D., executive vice
president of health care, Laura and John Arnold Foundation,
Houston, TX; and Peter B. Bach, M.D., director, Center for
Health Policy and Outcomes, Memorial Sloan Kettering Cancer
Center, New York, NY.
February 26, 2019--``Drug Pricing in America: A Prescription
for Change, Part II.'' Testimony was heard from Richard A.
Gonzalez, chairman and chief executive officer, AbbVie
Inc., North Chicago, IL; Pascal Soriot, chief executive
officer, AstraZeneca, Wilmington, DE; Giovanni Caforio,
M.D., chairman of the board and chief executive officer,
Bristol-Meyers Squibb Company, New York, NY; Jennifer
Taubert, executive vice president, worldwide chairman,
Janssen Pharmaceuticals, Johnson & Johnson, New Brunswick,
NJ; Kenneth C. Frazier, chairman and chief executive
officer, Merck and Company, Inc., Kenilworth, NJ; Albert
Bourla, DVM, Ph.D., chief executive officer, Pfizer, New
York, NY; and Olivier Brandicourt, M.D., chief executive
officer, Sanofi, Bridgewater, NJ.
March 14, 2019--``President's Fiscal Year 2020 Health Care
Proposals.'' Testimony was heard from the Honorable Alex M.
Azar II, Secretary, Department of Health and Human
Services, Washington, DC.
April 9, 2019--``Drug Pricing in America: A Prescription for
Change, Part III.'' Testimony was heard from Steve Miller,
M.D., executive vice president and chief clinical officer,
Cigna Corporation, Bloomfield, CT; Derica Rice, executive
vice president, CVS Health, and president, CVS Caremark,
Woonsocket, RI; William K. Fleming, Pharm.D., segment
president, healthcare services, Humana, Inc., Louisville,
KY; John M. Prince, chief executive officer, OptumRx,
Minnetonka, MN; and Mike Kolar, interim president and CEO,
Prime Therapeutics, LLC, Eagan, MN.
May 8, 2019--``Medicare Physician Payment Reform After Two
Years: Examining MACRA Implementation and the Road Ahead.''
Testimony was heard from Barbara L. McAneny, M.D.,
president, American Medical Association, Chicago, IL; John
Cullen, M.D., FAAFP, president, American Academy of Family
Physicians, Leawood, KS; Frank Opelka, M.D., FACS, medical
director for quality and health policy, American College of
Surgeons, Chicago, IL; Scott Hines, M.D., director,
American Medical Group Association, Alexandria, VA; and
Matthew Fiedler, Ph.D., fellow, USC-Brookings Schaeffer
Initiative for Health Policy, Brookings Institution,
Washington, DC.
2020
February 13, 2020--``President's Fiscal Year 2021 Health Care
Proposals.'' Testimony was heard from the Honorable Alex M.
Azar II, Secretary, Department of Health and Human
Services, Washington, DC.
Full Committee Open Executive Session
July 25, 2019--Open Executive Session to consider an original
bill entitled ``The Prescription Drug Pricing Reduction Act
of 2019.''
Subcommittee on Health Care
2019
October 30, 2019--``Medicaid: Compliance With Eligibility
Requirements.'' Testimony was heard from Brian P. Ritchie,
Assistant Inspector General for Audit Services, Office of
Inspector General, Department of Health and Human Services,
Washington, DC; Carolyn L. Yocom, Director, Health Care,
Government Accountability Office, Washington, DC; Daryl G.
Purpera, CPA, CFE, Legislative Auditor, State of Louisiana,
Baton Rouge, LA; and Judith Solomon, senior fellow, Center
on Budget and Policy Priorities, Washington, DC.
November 20, 2019--``Alzheimer's Awareness: Barriers to
Diagnosis, Treatment, and Care Coordination.'' Testimony
was heard from Jason Karlawish, M.D., professor of
medicine, medical ethics and health policy, and neurology,
and co-director, Penn Memory Center, University of
Pennsylvania, Philadelphia, PA; Janet Tomcavage, R.N., MSN,
chief nursing executive, Geisinger, Winfield, PA; Marc A.
Cohen, Ph.D., clinical professor of gerontology, McCormack
Graduate School, and co-director, LeadingAge LTSS Center,
University of Massachusetts Boston, and research director,
Center for Consumer Engagement in Health Innovation,
Community Catalyst, Newton, MA; and Lauren Kovach,
Alzheimer's advocate, Brighton, MI.
2020
December 16, 2020--``The Alzheimer's Crisis: Examining Testing
and Treatment Pipelines and Fiscal Implications.''
Testimony was heard from Nikolay Dokholyan, Ph.D., M.S., G.
Thomas Passananti professor and vice chair for research,
Pennsylvania State College of Medicine, Hershey, PA;
Randall J. Bateman, M.D., Charles F. and Joanne Knight
distinguished professor of neurology, and director,
Dominantly Inherited Alzheimer's Network (DIAN), DIAN
Trials Unit (DIAN-TU), Washington University School of
Medicine, St. Louis, MO; Richard C. Mohs, Ph.D., chief
scientific officer, Global Alzheimer's Platform Foundation,
Chicago, IL; and Maria Carrillo, Ph.D., chief science
officer, Alzheimer's Association, Chicago, IL.
HUMAN SERVICES
SUMMARY OF ACTIVITIES
In the 116th Congress, the Senate Finance Committee was
responsible for the enactment of significant legislation
including child welfare support, extension of expiring human
services programs, unemployment insurance, and relief to
support children and families in the child welfare system in
relation to the Coronavirus (COVID-19) pandemic.
On December 20, 2020, the Family First Transition Act was
enacted as part of the Further Consolidated Appropriations Act,
2020 (Pub. L. No. 116-94). This law helps States transform
their child welfare systems to keep more children safely at
home with their families. It builds upon foster care reforms
made by the 2018 Family First Prevention Services Act (FFPSA)
and helps jurisdictions have the resources to successfully
transition to FFPSA implementation. The committee also authored
the Emergency Aid for Returning Americans Affected by
Coronavirus Act (Pub. L. No. 116-148), which became law on July
13, 2020. This law temporarily raised the cap for the
Department of Health and Human Services repatriation program
from $1 million to $10 million for fiscal year 2020 to help
individuals brought back to the U.S. as a result of the COVID-
19 pandemic, while ensuring that individuals engaged directly
with those repatriated have proper training and protective
equipment.
The committee also authored several human services policies
included in legislation to respond to the COVID-19 pandemic.
Most notably, the Coronavirus Aid, Relief, and Economic
Security (CARES) Act (Pub. L. No. 116-136), which became law on
March 27, 2020, included substantial funding for unemployment
insurance (UI) programs to address the needs of millions who
lost jobs or who were otherwise unable to work as a result of
COVID-19. The committee held a hearing to review the
implementation of the UI policies and to discuss the role of UI
in responding to the economic effects of the pandemic.
The committee authored several human services provisions
that became law on December 27, 2020, as part of the
Consolidated Appropriations Act, 2021 (Pub. L. No. 116-260).
The bill includes policies that extend expiring Human Services
programs through the end of fiscal year 2021 and in select
cases extends programs for 3 years. It also provided enhanced
UI benefits and included the Supporting Foster Youth and
Families through the Pandemic Act that provided additional
support to children and families in the foster care system,
including transition-age youth impacted by the COVID-19
pandemic.
Full Committee Hearing
June 9, 2020--``Unemployment Insurance During COVID-19: The
CARES Act and the Role of Unemployment Insurance During The
Pandemic.'' Testimony was heard from the Honorable Eugene
Scalia, Secretary, Department of Labor, Washington, DC;
Scott B. Sanders, executive director, National Association
of State Workforce Agencies, Washington, DC; Beth Townsend,
Director, Iowa Workforce Development, Des Moines, IA; Jose
Javier Rodriguez, State Senator, Florida Senate, Miami, FL;
Les Neilly, president, Neilly Canvas Goods Company,
Pittsburgh, PA; and Michele Evermore, senior researcher and
policy analyst, National Employment Law Project,
Washington, DC.
Full Committee Member Meeting
July 30, 2019--Meeting to review the status of the Temporary
Assistance for Needy Families program and opportunities for
reform. The briefing panel included: Clarence Carter,
Director, Office of Family Assistance, Department of Health
and Human Services, Washington, DC; Gene Falk, Specialist
in Social Policy, Congressional Research Service,
Washington, DC; Donna Pavetti, vice president for family
income support, Center on Budget and Policy Priorities,
Washington, DC; and Michelle Derr, senior researcher,
Mathematica, Washington, DC.
SPECIAL PROJECTS
SUMMARY OF ACTIVITIES
During the 116th Congress, the committee focused on child
care challenges facing working parents by convening a
bipartisan Paid Family Leave Working Group.\1\ After convening
a members' roundtable on this topic during the coronavirus
pandemic, the committee also supported enactment of emergency
relief legislation to address the paid family leave needs of
working parents during the national emergency period.
---------------------------------------------------------------------------
\1\See website of Senator Grassley, ``Grassley, Wyden Convene
Finance Committee Paid Family Leave Working Group'' (May 22, 2019),
https://www.grassley.senate.gov/news/news-releases/grassley-wyden-
convene-finance-committee-paid-family-leave-working-group.
---------------------------------------------------------------------------
Also during the 116th Congress, the committee focused on
significant challenges confronting the elderly and other
vulnerable populations. In 2019, for example, the committee
held two hearings to explore the adequacy of reporting and
investigation of abuse, neglect, or exploitation in long-term
care facilities that participate in Federal financing programs
within the committee's jurisdiction.
The Centers for Medicare and Medicaid Services (CMS), which
was invited to participate in the first of these two hearings,
announced the same week that the agency would begin making
reforms to the agency's Nursing Home Compare website, effective
the following month.\2\ (The following year, CMS announced that
it would phase out its original Nursing Home Compare tools in
favor of a new, unified Care Compare site, launched in
September 2020. The chairman, by letter dated February 3, 2021,
then called for the U.S. Government Accountability Office (GAO)
to conduct a review of Care Compare to ensure that this new
site as well as CMS's nursing home rating system fully
addresses any previously identified deficiencies.) At the
second hearing, the Finance Committee received additional
testimony from the U.S. Government Accountability Office and
others on the need for reforms to promote the detection and
reporting of neglect or abuse and thereby enhance the safety of
elderly residents of long-term care facilities. Weeks later,
CMS announced additional sweeping changes to strengthen the
agency's oversight of nursing home inspections.\3\
---------------------------------------------------------------------------
\2\Website of Centers for Medicare and Medicaid Services (CMS),
``CMS Improving Nursing Home Compare in April 2019; Changes offer
greater support to consumers looking to compare quality of nursing
homes'' (March 5, 2019), https://www.cms.gov/newsroom/press-releases/
cms-improving-nursing-home-compare-april-2019.
\3\CMS website, ``Trump Administration Strengthens Oversight of
Nursing Home Inspections to Keep Patients and Residents Safe; CMS
announces enhanced oversight of State inspectors and the inspection
process, responding to growing concerns about consistency and
timeliness of inspections'' (October 17, 2019), https://www.cms.gov/
newsroom/press-releases/trump-administration-strengthens-oversight-
nursing-home-inspections-keep-patients-and-residents-safe.
---------------------------------------------------------------------------
In 2020, committee leaders, joined by Ways and Means
Committee leaders in the other chamber, requested an
evaluation, by the Office of Inspector General (OIG) at the
Department of Health and Human Services (HHS), of psychotropic
prescription use in nursing homes.\4\ This bipartisan,
bicameral request was motivated by concerns about whether
adequate safeguards exist to protect against these drugs'
unnecessary use in the facilities that participate in financing
programs within the committee's jurisdiction. (The last
examination of this topic, a 2011 report by the HHS OIG that
followed a request from the chairman, indicated that 14 percent
of American nursing home residents had Medicare claims for
these drugs to treat behavioral symptoms commonly associated
with dementia.\5\ This 2011 report also found that at least
half the Medicare claims for these drugs were erroneous,
leading to $116 million in inappropriate Medicare
reimbursements.)
---------------------------------------------------------------------------
\4\Letter from Senate Finance Committee (SFC) Chairman Grassley and
Ranking Member Wyden et al. to Acting Inspector General Christi Grimm,
Department of Health and Human Services (HHS) (April 3, 2020),
available at https://www.finance.senate.gov/imo/media/doc/2020-04-
06%20CEG,%20RW,%20et%20al%20to%20HHS%20OIG%20(Psychotropic%20Drugs%20
in%20Nursing%20Facilities).pdf.
\5\Report by HHS Office of Inspector General, ``Medicare Atypical
Antipsychotic Drug Claims for Elderly Nursing Home Residents'' (May
2011), available at https://oig.hhs.gov/oei/reports/oei-07-08-
00150.pdf.
---------------------------------------------------------------------------
During the coronavirus pandemic, the committee chairman
again championed the interests of the mostly frail and elderly
residents of nursing homes and other long-term care facilities.
Recognizing that these residents were particularly susceptible
to the worst effects of this virus, the chairman voiced
concerns to HHS and CMS officials about COVID-19 testing
capacity, inconsistencies in data tracking, and a lack of
personal protective equipment in nursing homes, among other
issues.\6\ The chairman also encouraged issuance of Federal
guidelines for States, to promote uniformity in tracking and
reporting COVID-19 cases in nursing homes. CMS responded 3 days
later by publicly announcing a commitment to address most of
the concerns outlined in the chairman's letter of April 17,
2019.\7\
---------------------------------------------------------------------------
\6\Letter from Senator Grassley to CMS Administrator Seema Verma
(April 17, 2020), available at https://www.finance.senate.gov/imo/
media/doc/HHSCOVIDLetter17Apr2020Final.pdf (citing factors, such as the
high death toll and infection control failure rate in some nursing
homes, which underscore the importance of ``encouraging coronavirus
testing and compliance with CDC guidelines for reducing COVID-19
transmission in these facilities'' and ensuring ``that any Medicaid-
and Medicare-funded facilities accepting COVID-19 patients have
adequate staffing, equipment, and other necessary safeguards in
place'').
\7\See website of Senator Grassley, ``Grassley Welcomes CMS Action
to Require Coronavirus Reporting in Nursing Homes'' (April 20, 2020),
https://www.grassley.senate.gov/news/news-releases/grassley-welcomes-
cms-action-require-coronavirus-reporting-nursing-homes.
---------------------------------------------------------------------------
Committee leaders later called for the issuance by the HHS
OIG of public alerts to ensure that Medicaid recipients who
reside in nursing facilities are not required to hand over, to
the facilities in which they reside, any Economic Impact
Payments that these residents received under legislation
adopted by Congress in response to the coronavirus pandemic.\8\
In September 2020, the majority staff of the committee also
issued a comprehensive report detailing the factors that may
have fueled the virus's early transmission in nursing homes and
led to an especially high case and fatality rate among nursing
home residents.\9\ This majority staff report also highlighted
best practices adopted by some nursing homes to limit the
spread of COVID-19 among the personnel and residents of these
facilities.
---------------------------------------------------------------------------
\8\Letter from SFC Chairman Grassley and Ranking Member Wyden to
Acting Inspector General Christi Grimm (June 8, 2020), available at
https://www.finance.senate.gov/imo/media/
doc/2020-06-
08%20CEG,%20Wyden%20to%20HHSOIG%20(Stimulus%20Checks%20in%20
Nursing%20Homes).pdf.
\9\Report of SFC Majority Staff, ``COVID-19 in Nursing Homes: What
Went Wrong and Next Steps'' (September 2020), available at https://
www.finance.senate.gov/imo/media/doc/SFC
NursingHomesCOVIDMajorityStaffSFCReport23Sep2020FINAL.pdf. See also
website of Senator Grassley, ``Finance Committee Releases Report on
Performance of Nursing Homes and Long-Term Care Facilities During the
COVID-19 Pandemic'' (last visited October 2020), available at https://
www.finance.senate.gov/chairmans-news/finance-committee-releases-
report-on-performance-of-nursing-homes-and-long-term-care-facilities-
during-the-covid-19-pandemic.
---------------------------------------------------------------------------
Also in 2020, the Finance Committee chairman unveiled a
proposal to make resources available for strike teams to
support nursing homes that were overwhelmed by the pandemic and
extend Elder Justice Act programs. The chairman later led a
group of colleagues in calling on Senate leaders to make
resources available for these same programs (as well as related
initiatives to reduce social isolation among nursing home
residents) as part of a year-end coronavirus relief
package.\10\
---------------------------------------------------------------------------
\10\Letter from SFC Chairman Grassley, Senator Daines, et al. to
Senate Leaders McConnell and Schumer (December 18, 2020), available at
https://www.grassley.senate.gov/sites/default/files/2020-12-
18%20CEG%20et%20al%20to%20McConnell%2C%20Schumer%20-%20Televisita
tion.pdf.
---------------------------------------------------------------------------
The committee also explored challenges facing those
struggling with addiction, for example, by conducting a Finance
Committee hearing on the 1-year anniversary of the enactment of
the SUPPORT for Patients and Communities Act. At this hearing,
the Surgeon General described ongoing efforts to implement the
statute's provisions to combat the national opioid crisis,
while other witnesses testified to instances of addiction
treatment fraud in a growing number of States. In a letter to
senior officials at HHS and CMS, the committee chairman also
pressed for full implementation of strategies recommended by
the Government Accountability Office to prevent opioid misuse
and abuse in programs within the committee's jurisdiction.\11\
---------------------------------------------------------------------------
\11\Letter from SFC Chairman Grassley to HHS Secretary Alex Azar
and CMS Administrator Seema Verma (June 6, 2019), available at https://
www.finance.senate.gov/imo/media/doc/2019-06-
06%20CEG%20to%20HHS,%20CMS%20(Opioid%20Misuse%20Strategy).pdf. See also
website of Senator Grassley, ``Grassley Presses HHS, CMS on Federal
Strategies to Combat Opioid Abuse'' (June 6, 2019), https://
www.grassley.senate.gov/news/news-releases/grassley-presses-hhs-cms-
federal-strategies-combat-opioid-abuse.
---------------------------------------------------------------------------
In another letter to these same HHS and CMS officials, the
committee chairman requested information on why other
recommended reforms to improve the accountability of certain
mental health grant programs had yet to be implemented.\12\
(This September 2019 letter from the chairman followed the
issuance by GAO of two reports that cited deficiencies in
tracking and evaluating the use of grant funding.) Among other
requests, the chairman sought a list of the Department's crisis
intervention programs designed to prevent acts of violence as
well as each program's purpose and the amount of funding each
receives. This letter also requested that the Department
describe metrics used to evaluate certain grantees' performance
and provide additional information on the Department's process
for evaluating program performance.
---------------------------------------------------------------------------
\12\Letter from SFC Chairman Grassley to HHS Secretary Alex Azar
(September 3, 2019), available at https://www.grassley.senate.gov/
sites/default/files/documents/2018-09-03%20CEG
%20to%20HHS%20-%20SAMHSA%20Grant%20Oversight.pdf.
---------------------------------------------------------------------------
The chairman also made it a priority, during the 116th
Congress, to champion initiatives to promote the accountability
of, and thereby prevent waste, fraud, or abuse in, Federal
programs that serve vulnerable populations within the
committee's jurisdiction. For example, in 2019 the chairman
revived the committee's 2004 efforts to identify misspent
Medicaid dollars (an area of longstanding concern, because
every misspent dollar weakens this program for the tens of
millions of low-income individuals and persons with
disabilities who rely on Medicaid for preventive care,
lifesaving health services, and other services to promote
independent living). The majority staff of the committee
unearthed government audits that cited recurring instances of
improper Medicaid payments for deceased beneficiaries--in some
cases, for as long as 2 years after the beneficiary's death.
After finding that multiple State agencies charged with
distributing Medicaid dollars have yet to fully institute an
adequate mechanism to prevent Federal benefits from flowing on
behalf of deceased Medicaid beneficiaries, the chairman called
on the CMS Administrator to exercise greater leadership in this
area, by instituting ``reforms to prevent, rather than simply
recoup, wasteful Medicaid payments.''\13\ As noted in the
chairman's October 2019 letter:
---------------------------------------------------------------------------
\13\Letter from SFC Chairman Grassley to CMS Administrator Seema
Verma (October 1, 2019), available at https://www.finance.senate.gov/
imo/media/doc/MedicaidOversightLetter1Oct.2019
SpecProjects%20-%20FINAL%20430PM.pdf.
For example, CMS should revisit and possibly upgrade
its existing tools for preventing Medicaid fraud,
waste, and abuse. The agency should identify new tools,
in addition to its most recent informational bulletin,
to help States identify providers or managed care
organizations that submit high numbers of improper
Medicaid claims that received managed care payments
from States for the deceased. CMS also should promote
the adoption of protocols or policies to ensure that
State Medicaid agencies can quickly and efficiently
compare Medicaid payment claims against death records
---------------------------------------------------------------------------
kept by other State or Federal agencies.
Restoring fiscal integrity to this and other Federal
programs under the committee's jurisdiction is a continuing and
vitally important task for the committee to fulfill, in the
effort to safeguard Americans' hard-earned tax dollars and
ensure the effective implementation of government programs.
Early in 2019, the committee chairman also led a group of
over 20 Senators in questioning the adequacy of a new national
process for allocating human livers that are donated for
transplant.\14\ The chairman later expanded his efforts in this
area, focusing attention not only on organ allocation, but also
on organ donation and procurement. The committee ultimately
launched a comprehensive review of the entire organ procurement
and transplantation system. This bipartisan effort, led by the
chairman with other committee members, has focused on the
adequacy of efforts by the government's contractor, known as
the United Network for Organ Sharing (UNOS), to oversee and
ensure the accountability of the Nation's organ donation and
procurement process, which is led by 58 organ procurement
organizations (OPOs) across the United States.
---------------------------------------------------------------------------
\14\Letter from SFC Chairman Grassley, Senator Blunt, et al. to HHS
Secretary Azar (January 19, 2019), available at https://
www.finance.senate.gov/imo/media/doc/CEG%20Liver%20Letter
%20Signed%20FINAL.pdf. See also website of Senate Finance Committee
(last visited December 30, 2020), available at https://
www.finance.senate.gov/chairmans-news/grassley-blunt-20-senate-
colleagues-demand-answers-on-changes-to-national-liver-distribution-
policy.
---------------------------------------------------------------------------
The chairman in December 2019 requested that the HHS OIG,
which had conducted audits of selected OPOs, provide the
committee with additional details relating to its audit report
findings. (These HHS OIG audit reports cited unallowable and
inappropriate uses of Medicare funds for certain OPO
expenses.)\15\ Committee leaders in February 2020 also sent an
initial letter to UNOS requesting information and documents on
UNOS activities.\16\ The committee later determined that
issuance of a subpoena compelling production of UNOS documents
related to the committee's investigation was necessary, and on
February 3, 2021, the chairman issued such a subpoena to UNOS
with the support of the committee's ranking member. UNOS has
indicated that it will comply with the subpoena. This
investigation is ongoing.
---------------------------------------------------------------------------
\15\Letter from SFC Chairman Grassley and Senator Young to HHS
Acting Inspector General Christi Grimm (December 18, 2019), available
at https://www.finance.senate.gov/imo/media/doc/
CEG.Young%20to%20HHSOIG%20(OPO%20Oversight)%20Dec.18.2019.pdf.
\16\Letter from SFC Chairman Grassley, Ranking Member Wyden, et
al., to Brian Shepard, Chief Executive Officer of United Network for
Organ Sharing (February 10, 2020), available at https://
www.finance.senate.gov/imo/media/doc/2020-02-
10%20Grassley,%20Wyden,%20Young,
%20Cardin%20to%20UNOS%20(Information%20Request%20on%20Organ%20Transplant
%20Sy
stem).pdf.
---------------------------------------------------------------------------
During consideration of H.R. 133, an omnibus spending
package enacted in December 2020, this committee's leaders
worked with Ways and Means Committee leaders in the other
chamber to champion the inclusion of $100 million in emergency
funding for elder justice initiatives. Committee leaders in
both chambers also pushed for inclusion, in a December 2020
continuing resolution, of legislation that will promote
transparency in government, by requiring CMS to furnish
information, upon request, to certain non-group health plans
(e.g., liability insurers), about whether an individual was
enrolled in Medicare, Medicare Advantage, or the Medicare
prescription drug benefit during the preceding 3-year period.
Full Committee Hearings
2019
March 6, 2019--``Not Forgotten: Protecting Americans From Abuse
and Neglect in Nursing Homes.'' Testimony was heard from
Patricia Blank, daughter of nursing home neglect victim,
Shell Rock, IA; Maya Fischer, daughter of nursing home
abuse victim, Seminole, FL; David Grabowski, Ph.D.,
professor, Harvard Medical School, Boston, MA; David
Gifford, M.D., MPH, senior vice president, quality and
regulatory affairs, American Health Care Association,
Washington, DC; Kate Goodrich, M.D., Director, Center for
Clinical Standards and Quality, and Chief Medical Officer,
Centers for Medicare and Medicaid Services, Baltimore, MD;
Antoinette Bacon, Associate Deputy Attorney General and
National Elder Justice Coordinator, Office of the Deputy
Attorney General, Department of Justice, Washington, DC;
and Keesha Mitchell, Director, Medicaid Fraud Control Unit,
Office of the Ohio Attorney General, Columbus, OH.
July 23, 2019--``Promoting Elder Justice: A Call for Reform.''
Testimony was heard from Megan H. Tinker, Senior Advisor
for Legal Affairs, Office of Counsel to the Inspector
General, Department of Health and Human Services,
Washington, DC; John E. Dicken, Director, Health Care,
Government Accountability Office, Washington, DC; Robert B.
Blancato, national coordinator, Elder Justice Coalition,
Washington, DC; the Honorable Mark Parkinson, president and
chief executive officer, American Health Care Association,
Washington, DC; and Lori Smetanka, executive director,
National Consumer Voice for Quality Long-Term Care,
Washington, DC.
October 24, 2019--``Treating Substance Misuse in America:
Scams, Shortfalls, and Solutions.'' Testimony was heard
from the Honorable Jerome M. Adams, M.D., MPH, Surgeon
General, Office of the Secretary, Department of Health and
Human Services, Washington, DC; Mary Denigan-Macauley,
Ph.D., Director, Health Care, Government Accountability
Office, Washington, DC; Gary Cantrell, Deputy Inspector
General for Investigations, Office of Inspector General,
Department of Health and Human Services, Washington, DC;
and Gary Mendell, founder and chief executive officer,
Shatterproof, New York, NY.
Full Committee Member Meeting
Bi-Partisan Working Group on Paid Family Leave
June 18, 2020--Roundtable on ``Paid Leave Proposals in the
COVID Era.''
OVERSIGHT AND INVESTIGATIONS
SUMMARY OF ACTIVITIES
Health Care
In 2019, the committee held a series of oversight hearings
focused on drug pricing in America. The committee invited
patients, parents, pharmaceutical company executives, and
pharmacy benefit managers to identify reforms that will help
drive down the high cost of prescription drugs.
Chairman Grassley and Ranking Member Wyden have long raised
concerns about the lack of transparency in the pharmaceutical
industry. In the past, their oversight work led to the
revelation that Mylan, the manufacturer of EpiPen,
misclassified its popular anti-allergy medication as a generic
instead of a brand name and took advantage of a loophole in
Medicaid to overcharge taxpayers for the drug by as much as
$1.27 billion over 10 years. In 2019, Chairman Grassley and
Ranking Member Wyden introduced the Right Rebate Act to close
the loophole. The legislation also provided the Department of
Health and Human Services (HHS) with additional authorities to
monitor drug manufacturers, imposed reporting and transparency
requirements on the government to show how its authorities are
used, and allowed the Secretary of HHS to reclassify drugs and
impose civil monetary penalties when drugs are knowingly
misclassified. The legislation was signed into law in April
2019.
Chairman Grassley and Ranking Member Wyden partnered on a
bipartisan investigation into insulin prices. In February 2019,
they sent letters to leading insulin manufacturers, Sanofi,
Novo Nordisk, and Eli Lilly, seeking information regarding
recent price increases of up to 500 percent or more for
insulin, a treatment available for diabetes for nearly 100
years. The letter requested information about list price
increases, changes in the net price (i.e., the price
pharmaceutical companies received after negotiating rebates and
discounts), copies of internal memoranda, correspondence, and
rebate agreements with pharmacy benefit managers (PBMs). In
April 2019, Chairman Grassley and Ranking Member Wyden also
sent letters to the three largest PBMs, CVS Caremark, OptumRx,
and Express Scripts, inquiring about their role in the U.S.'s
drug pricing system and how their pricing practices contribute
to the rising cost of insulin. The letter focused on rebates
and other contracting practices used by PBMs and health
insurers because these terms are not transparent to patients,
payers, or Congress. The chairman and ranking member issued
their report and findings in January 2021.
In April 2019, Chairman Grassley and Ranking Member Wyden
also jointly began investigations of companies in their home
States that provide services to adults with intellectual and
developmental disabilities (I/DD). In December 2020, they
released two investigative reports regarding the performance
and efficacy of providers REM Iowa and MENTOR Oregon, which
receive significant Federal funding through Medicaid to provide
care for individuals with
I/DD. The committee's review of REM Iowa found that the company
has had and continues to face problems, including failures to
report abuse or neglect, failures to follow an individual's
particular care plan, and failures to adhere to clients'
medication schedules. The committee's report made three
specific recommendations to REM Iowa: improve training
practices for employees, improve access to data, and establish
a process to track and monitor critical incidents using
electronic databases. The committee's report also recommended
that the Federal and State Governments improve oversight,
outreach, and support for facilities facing systemic issues.
The MENTOR Oregon report highlighted the fact that despite
years of regulatory attention, the company has not turned the
corner regarding the level of care provided to its clients.
Insufficient staff training, failure to complete incident
reports, substantiated acts of neglect, not meeting clients'
medical needs, and poor facility conditions have forced the
Oregon Department of Human Services--and county-level
entities--to take increased measures.
The Finance Committee also conducted an investigation of
nonprofit hospitals. In 2019, Chairman Grassley requested
specific information from the IRS regarding its oversight of
nonprofit hospitals, after media reports emerged on this
subject questioning whether these hospitals met the criteria
for tax-exempt status, whether they served their communities
appropriately, and whether they served individuals in need
regardless of ability to pay. Grassley later sent letters to
the University of Virginia Health System and Methodist Le
Bonheur Healthcare in Memphis, TN, requesting information about
their billing and debt-collection practices with respect to
low-income patients. On December 2, 2020, Chairman Grassley
wrote a letter to every member of the Senate Finance and
Judiciary Committees about the need for new attention to the
tax laws governing non-profit hospitals.
Taxes
In 2019, Chairman Grassley and Ranking Member Wyden opened
an investigation into syndicated conservation-easement
transactions, which are transactions that may abuse charitable
conservation tax incentives in order to facilitate tax
shelters.
In August 2020, Chairman Grassley and Ranking Member Wyden
concluded their investigation and released a report, finding
such syndicated transactions are ``nothing more than retail tax
shelters that let taxpayers buy tax deductions at the end of
any given year, . . . which thousands of taxpayers used to game
the tax code and deprive the Federal Government of billions of
dollars in revenue.'' It concluded that ``the IRS has strong
reason for taking enforcement action against syndicated
conservation-easement transactions as it has to date'' and
called on Congress, the IRS, and the Department of the Treasury
to take further action to preserve the integrity of the
conservation-easement tax deduction.
To that end, Chairman Grassley joined Senators Steve Daines
(R-Mont.) and Pat Roberts (R-Kan.) in reintroducing the
Charitable Conservation Easement Program Integrity Act, which
will protect conservation easements from abuse, save taxpayers
billions of dollars, and promote conservation around the
country. In December 2020, Senator Grassley and Senator Daines
joined Senator Wyden (D-Ore.) and Senator Stabenow (D-Mich.) in
introducing similar legislation that would serve the same
conservation purposes.
Trade
In 2019, Chairman Grassley and Ranking Member Wyden
partnered on a bipartisan investigation into counterfeit goods
sold online and then issued a report, ``The Fight Against
Fakes,'' which detailed five findings and two legislative
recommendations. Their report outlined the harm posed to
consumers by counterfeits and discussed statutory barriers that
prevent information sharing between the Federal Government and
its private industry partners with respect to counterfeit goods
seized and/or detained at U.S. ports of entry.
Tax-Exempts
In June 2019, Chairman Grassley and Ranking Member Wyden
conducted an investigation into the financial relationship
between opioid manufacturers and tax-exempt organizations. They
sent letters to 10 tax-exempt organizations, seeking to
understand how pharmaceutical manufacturers' donations to these
organizations affected their advocacy for specific pain
treatment strategies. In December 2020, the chairman and
ranking member released a letter to colleagues and a report
detailing their findings.
Based on financial data collected for this investigation,
the report found that, between 1997 and 2019, opioid
manufacturers paid over $65 million dollars to tax-exempt
organizations as part of a strategy to market and sell their
opioids products. The report also created case studies for
three organizations, including the American Chronic Pain
Association, Americans for Patient Access, and the
International Association for the Study of Pain. These
organizations, their officers, and their board members received
millions of dollars from manufacturers of opioids and opioid-
related products while promoting increased use of their donor's
products. Many of these board members also serve on Federal
advisory boards and make recommendations to the public and
policy-makers on opioids and opioids prescribing practices.
Chairman Grassley and Ranking Member Wyden urged their
colleagues to consider expanding the Open Payments database to
require opioid manufacturers to report payments made to non-
profit organizations as well as to increase transparency in
Federal advisory boards.
In 2019, Ranking Member Wyden issued a staff report after
an 18-month investigation into the National Rifle Association
that revealed NRA leaders inappropriately leveraged the
organization's resources and political connections in pursuit
of lucrative overseas personal business deals. In its 2019 990
tax filing, the NRA acknowledged that its officers had engaged
in at least $1.4 million in prohibited excess benefit
transactions with the true total unknown, pending the outcome
of lawsuits against the organization by the Attorneys General
of New York and the District of Columbia.
Chairman Grassley issued an accompanying majority staff
report, which found no wrongdoing by the NRA or its officials
for having traveled to Russia in December 2015 that would
reasonably call into question the NRA's tax-exempt status,
based on the documents provided to the committee. The majority
staff found that a handful of NRA officials may have turned a
goodwill trip to Russia into multipurpose travel, tending to
both an invitation by Russians to NRA personnel as well as
their own professional matters during the same trip. The
majority staff also concluded there is nothing wrong with
taking a trip with two purposes in mind, even if one of those
purposes involves a tax-exempt organization.
Pandemic Relief
The coronavirus pandemic that spread throughout the United
States in 2020 created a pressing need for oversight. In
February 2020, Chairman Grassley's staff received a classified
briefing from the HHS Office of National Security (ONS)
regarding the coronavirus threat and the status of U.S.
Government efforts to combat the spread of the deadly virus. On
June 2, 2020, the committee held a hearing titled, ``COVID-19
and Beyond: Oversight of the FDA's Foreign Drug Manufacturing
Inspection Process.'' The hearing was based on Chairman
Grassley's oversight work on the FDA's foreign drug
manufacturing facility inspection process and highlighted the
risks associated with drugs manufactured in foreign countries,
especially China, and imported to the United States. At the
hearing, Chairman Grassley introduced into the committee record
thousands of pages of records that he acquired during his FDA
investigation relating to China- and India-based drug
manufacturing facilities.
In order to help protect against waste, fraud, and abuse
during the pandemic, Chairman Grassley wrote to the U.S.
Treasury Inspector General for Tax Administration (TIGTA)
encouraging the IRS watchdog to engage in a public awareness
and education campaign informing Americans of scams and frauds
related to the ongoing coronavirus pandemic and the Federal
Government's response. Chairman Grassley also partnered with
Senator Amy Klobuchar (D-Minn.) in calling on the Department of
Justice (DOJ) to take vigorous action to protect consumers from
price-gouging during the pandemic and help prevent the hoarding
of essential medical supplies.
On May 24, 2020, Chairman Grassley urged the U.S.
intelligence community to further incorporate and provide
intelligence access to the Department of Health and Human
Services Office of National Security (ONS) to strengthen the
governmental response to the COVID-19 public health crisis and
future health concerns. In response, the Intelligence Community
committed to ensuring better cooperation.
In 2020, Chairman Grassley and a bipartisan group of
Senators also introduced legislation to ensure families of
public safety officers lost to COVID-19 could quickly access
survivor benefits. The Safeguarding America's First Responders
Act (SAFR), which was referred to the Judiciary Committee,
clarified the certification requirements for survivor benefits
under the Public Safety Officers Benefits Program to account
for the unique challenges presented by the pandemic. In August
2020, President Trump signed the bill into law.
Chairman Grassley also led a bipartisan group of Senators
in introducing legislation to boost oversight of billions in
taxpayer-
funded pandemic relief. Referred to the Banking, Housing, and
Urban Affairs Committee, The Special Inspector General for
Pandemic Recovery Expedited Hiring Authority Act, which was
modelled on laws that granted expedited hiring authority to
special IGs in the past, would provide the SIGPR temporary
hiring authority to bypass the normally lengthy government
hiring process, quickly staff his office, and begin timely
oversight operations.
National Security
On June 5, 2019, the Finance Committee held a hearing on
foreign threats to taxpayer-funded research titled ``Foreign
Threats to Taxpayer-Funded Research: Oversight Opportunities
and Policy Solutions.'' That same day, Chairman Grassley held a
classified
member-level briefing on the same subject. In addition to his
inquiries to DoD, Chairman Grassley also pressed the National
Science Foundation, National Institutes of Health, Health and
Human Services Inspector General, Justice Department, and
Government Accountability Office on foreign threats to
taxpayer-
funded research. Chairman Grassley also worked to get the
Office of National Security, located within HHS, access to
additional government databases necessary to track and counter
these threats. ONS gained access to some additional classified
databases as a result of those oversight efforts.
On June 10, 2019, Senator Grassley and Senator Marco Rubio
(R-Fla.) wrote to the Department of Health and Human Services
Office of Inspector General (HHS OIG) to request a review of
whether CMS made payments for genetic testing to U.S. entities
with ties to the Chinese Government. The letter also asked
about whether CMS considers national security risks when
determining whether payments to entities linked to the Chinese
Government are permissible. The HHS OIG agreed to perform a
review of whether CMS considers national security risks before
certifying laboratories that conduct genomic testing.
Human Services
The Finance Committee conducted an investigation of the HHS
Office of Refugee Resettlement (ORR) to examine serious
allegations of misconduct and abuse by federally funded
grantees operating facilities that house unaccompanied migrant
children. On May 9, 2019, Chairman Grassley and Ranking Member
Wyden wrote a letter to Assistant Secretary Lynn Johnson
raising concerns about the severity and systemic nature of
allegations against these taxpayer-funded grantees and whether
ORR was meeting its responsibility to hold its grantees
accountable and ensure the health and safety of children in
their care.
LIn addition, Senator Grassley undertook several additional oversight
efforts, as follows:
Defense
During the 116th Congress, Chairman Grassley also
investigated wasteful spending by the Department of Defense
(DoD). In May 2019, Chairman Grassley sent a letter to then-
Acting Secretary of Defense Patrick M. Shanahan seeking details
about how the DoD contracts with businesses and other entities
with respect to overpricing, specifically citing TransDigm
Group Inc. (Transdigm). Additionally, Chairman Grassley asked
about the DoD's ability to collect cost data from those
entities and how Congress can help DoD stop price-gouging
practices. In October 2019, the Chairman sent a follow-up
letter to Ellen M. Lord, Under Secretary of Defense for
Acquisition and Sustainment, seeking an update on how DoD was
confronting TransDigm's costly price-gouging schemes. Committee
staff then continued to work with DoD IG throughout 2020 to
make sure the DoD IG's second audit of TransDigm contracts was
rigorous and thorough.
Chairman Grassley also conducted oversight of DoD's Office
of Net Assessment (ONA). In a July 2019 letter, Chairman
Grassley pressed ONA for information regarding allegations that
contracts granted to Professor Stefan Halper were used to
support potential partisan political or other improper or
wasteful activities. A DoD Inspector General audit revealed
significant flaws in ONA's contract management practices.
Additional documents reviewed by Chairman Grassley called
into question ONA's stewardship of taxpayer dollars as well as
its contract management and internal controls. The Pentagon
issued a corrective action plan for ONA in August 2020. On
December 18, 2020, Chairman Grassley sent a letter urging DoD
IG to expand its review of ONA to determine why the office has
not performed it's statutorily mandated duty to perform a
formal net assessment since 2007 and whether the office is
still necessary in light of these revelations.
Separately, on January 23, 2020, Chairman Grassley sought
an Inspector General investigation into the manufacturing
practices of Lockheed Martin's C-130J aircraft after
whistleblower reports stated that an apparent lack of oversight
by the Department of Defense resulted in significant health and
safety concerns. On October 8, 2020, Chairman Grassley sought
additional information from the Occupational Safety and Health
Administration (OSHA) regarding the manufacturing practices of
Lockheed Martin's C-130J after learning of discrepancies in the
initial investigation.
In 2020, Chairman Grassley also pressed the DoD on the new
Joint Enterprise Defense Infrastructure (JEDI) program
regarding alleged conflicts of interest pertaining to those
charged with creating its bid and reported disputes between
bidders and the Department. This came after the DoD Inspector
General completed a review and provided recommendations in
response to Chairman Grassley and members of Congress raising
concerns about the JEDI program.
In 2020, Chairman Grassley and others sent a letter to the
House and Senate Armed Services Committees, urging them to
include in the National Defense Authorization Act (NDAA) for
fiscal year 2021 certain provisions that would make progress
towards a clean audit, including more detailed reporting to
Congress on DoD financial management systems. Both of the
provisions were ultimately included in the final version of the
NDAA passed in December 2020.
In 2020, Chairman Grassley also made inquiries into
potential wasteful and inappropriate travel spending at the
Department of Defense Education Activity (DoDEA), specifically
seeking full and complete answers to prior questions he had
raised about multiple unnecessary trips by DoDEA personnel to
Hawaii.
Department of Justice and Federal Bureau of Investigation
Throughout the 116th Congress, Chairman Grassley and
Chairman Ron Johnson (R-Wis.), who chaired the Senate Homeland
Security Committee, engaged in oversight activity with respect
to Crossfire Hurricane and its origins. The DOJ Inspector
General conducted an investigation into portions of Crossfire
Hurricane and issued a nearly 500-page report. The report
determined the dossier to be central and essential to the
Justice Department's and FBI's efforts to obtain Foreign
Intelligence Surveillance Act (FISA) warrant applications with
one FBI General Counsel Unit Chief stating that with respect to
finding probable cause the dossier ``pushed it over'' the line.
The Inspector General determined that the FBI's FISA
applications included at least 17 errors and omissions. After
further reviewing the DOJ OIG report on Crossfire Hurricane,
Chairman Grassley and Chairman Johnson then sent Barr a
follow-up letter requesting the declassification of four
footnotes in the classified version of the Inspector General
report. Those footnotes were later declassified. On April 2,
2020, Chairmen Grassley and Johnson requested that the Director
of National Intelligence, Ambassador Richard Grenell,
declassify additional footnotes from the classified version of
the report. Additional footnotes were later declassified.
On April 25, 2019, Chairman Grassley and Chairman Johnson
wrote to the DOJ about allegations the FBI may have improperly
used a counterintelligence briefing to conduct surveillance on
the Trump transition team during Crossfire Hurricane. The
Senators' letter inquired about the extent of the FBI's
surveillance of the Trump campaign and transition staff.
Subsequently, in its review of the FBI's Crossfire Hurricane
Investigation, the DOJ OIG found that an FBI Supervisory
Special Agent did attend certain counterintelligence briefings
for 2016 presidential candidates and that at least one briefing
was used for investigative purposes. The OIG found that DOJ and
FBI did not have a policy with respect to using candidate
counterintelligence briefings for investigative purposes;
however, after the report issued, the FBI established new
protocols that prohibited those briefings from being used for
investigative purposes.
In October 2019, Chairman Grassley again joined Chairman
Johnson in sending a letter to Attorney General Barr, calling
for transparency in the reported DOJ criminal inquiry into the
origins of the Russia investigation. On October 2, 2019,
Chairman Grassley also sent a letter to the Intelligence
Community Inspector General (IC IG) regarding a number of leaks
of highly sensitive information relating to the Russia
investigation, as well as a whistleblower complaint that led to
Trump's impeachment.
As part of his effort to bring transparency to the events
surrounding the FBI's investigation and surveillance of the
Trump campaign and transition, on May 12, 2020, Chairman
Grassley and Chairman Johnson requested a list of Obama-era
officials who unmasked Lieutenant General Michael Flynn's name
in classified intelligence documents where it had previously
been redacted. In response, the Intelligence Community provided
a list that identified nearly two dozen senior government
officials, including then-Vice President Biden, who requested
to unmask Flynn. News reports have indicated that the DOJ's
unmasking review found no wrongdoing; however, DOJ has not
formally communicated its findings to Congress.
On October 14, 2020, Chairman Grassley and Chairman Johnson
sent another letter to FBI Director Christopher Wray and
Director of National Intelligence John Ratcliffe seeking an
unredacted version of a spreadsheet created by the FBI to
attempt to corroborate allegations made in the Steele Dossier.
In October 2020, Chairman Grassley and Chairman Johnson
also released a majority staff report raising concerns about
how the FBI and Special Counsel Robert Mueller's Office sought
and received access to the records of Donald J. Trump's
presidential transition team, Trump for America, Inc.
In September 2020, Chairman Grassley pressed DOJ for
details on steps taken to recover material deleted from mobile
devices assigned to Mueller's team and investigate potential
violations of Federal record-keeping laws.
In November 2020, Chairman Grassley and Chairman Johnson
received a partially declassified version of briefing notes for
then-Director James Comey summarizing the FBI's investigative
efforts regarding Crossfire Hurricane. After receipt, the
chairmen sent a follow-up letter to Barr requesting full
declassification.
On December 3, 2020, Chairman Grassley and Chairman Johnson
released over 400 pages of records acquired from the DOJ, FBI,
and State Department during their investigation into the FBI's
handling of the Crossfire Hurricane investigation.
On December 17, 2020, Chairman Grassley and Chairman
Johnson released declassified messages from former FBI agent
Peter Strzok related to Crossfire Hurricane.
Chairman Grassley also conducted oversight of DOJ's
enforcement of the Foreign Agents Registration Act (FARA). On
June 18, 2019, Chairman Grassley and other Senators wrote to
DOJ to ask why it had not required Al Jazeera to register as a
foreign agent under FARA. In November 2020, Chairman Grassley
asked the Justice Department to evaluate whether Hunter and
James Biden should have registered as foreign agents for their
business arrangements with the Chinese Government-backed energy
company, CEFC China Energy, in compliance with FARA.
During 2019 and 2020, Chairman Grassley and Senator Mark
Warner (D-Va.) continued to investigate the fatal shooting of
Bijan Ghaisar by U.S. Park Police in 2017. In June 2019,
Grassley and Warner decried the opaque and drawn-out nature of
the review in letters to both the FBI and National Park Service
(NPS). The DOJ then announced its decision not to pursue action
against the U.S. Park Police officers who shot and killed
Ghaisar. Throughout 2020, Chairman Grassley continued to press
the DOJ to provide details on specific reforms being
implemented to improve investigations of fatal shootings.
Education
In 2019, Chairman Grassley sent letters to the presidents
of Duke University, Harvard University, Sarah Lawrence College,
and Villanova University, seeking information on the current
culture of academic freedom on campus. In October 2020,
Chairman Grassley followed up by sending a letter to his
colleagues discussing the responses of those colleges and
universities.
Chairman Grassley also conducted extensive oversight work
relating to the Chinese Government-backed Confucius Institutes
and urged colleges and universities around the country to
request FBI briefings to fully understand the academic research
and national security threats posed by the organizations
operating on campuses. In addition, Chairman Grassley was a co-
sponsor and strong supporter of the Concerns Over Nations
Funding University Campus Institutes in the United States
(CONFUCIUS) Act, which passed the Senate in July 2020.
Good Government and Transparency
In 2019, following complaints from dozens of
whistleblowers, Chairman Grassley began investigating
whistleblower allegations of low morale, low productivity, and
staff departures at the Department of Commerce Office of
Inspector General. During the investigation, which also
included the Senate Committee on Commerce, Science, and
Transportation, as well as the Senate Committee on Homeland
Security and Governmental Affairs, dozens of current and former
staff for the Department of Commerce Office of the Inspector
General spoke with committee staff. Chairman Grassley wrote
multiple public letters which brought public attention to the
IG's significant management challenges.
In the spring of 2020, Chairman Grassley objected to the
removals of the Intelligence Community Inspector General and
the State Department Inspector General, after President Trump
removed each without providing substantive reasons to Congress
as required by statute. Chairman Grassley introduced bipartisan
legislation, the Securing Inspector General Independence Act of
2020, referred to the Homeland Security and Governmental
Affairs Committee, to amend the Inspector General Act of 1978
to provide that the President or certain agency heads may
remove an Inspector General, or place an Inspector General on
non-duty status, only if certain conditions are satisfied.
On April 14, 2020, Chairman Grassley and Ranking Member
Wyden wrote to Department of Justice Inspector General Michael
Horowitz, in his role as Chair of the Council of Inspectors
General on Integrity and Efficiency (CIGIE), regarding CIGIE's
role in the Inspector General nominating process. They inquired
about the CIGIE recommendation process, the consistency of its
advice to the White House, the rate at which its advice is
taken by the White House, and how often CIGIE has expressed
concerns about IG vacancies.
Additionally, Chairman Grassley partnered with Senator
Maggie Hassan (D-N.H.) to introduce bipartisan legislation to
increase transparency and accountability within the Federal
Government. The Oversight.gov Authorization Act, referred to
the Homeland Security and Governmental Affairs Committee, would
formally authorize the establishment and maintenance of a
website to help the public more easily access reports that have
been generated by the independent work of Inspectors General.
On August 14, 2019, Chairman Grassley and Chairman Johnson,
who chaired the Senate Committee on Homeland Security and
Governmental Affairs, publicly released a Majority Staff Memo
and all supporting documentation regarding an investigation
into whether China hacked Hillary Clinton's non-government
server.
The committee also conducted an investigation into
potential conflicts of interest involving the Biden family.
Chairman Grassley wrote a letter to the Department of Treasury
on August 14, 2019, regarding potential conflicts of interest
with respect to Obama administration policy relating to the
Henniges transaction. During the Obama administration, the
Committee on Foreign Investment in the United States approved a
transaction that gave control over Henniges, an American maker
of anti-vibration technologies with military applications, to a
Chinese Government-owned aviation company and a China-based
investment firm with established ties to the Chinese
Government. One of the companies involved in the transaction is
linked to Hunter Biden. Then, on November 6, 2019, Chairman
Grassley and Chairman Johnson wrote to the State Department
regarding actual or apparent conflicts of interest between
then-Vice President Biden and U.S. foreign policy toward
Ukraine in light of Hunter Biden's position on the board of
directors of a Ukrainian natural gas firm that was under
investigation for corruption while then-Vice President Biden
was the public face of the Obama administration's Ukraine
policy. As part of the investigation, Chairman Grassley sent
numerous requests for information to the Department of State
and the National Archives, among other agencies, and conducted
several transcribed interviews of relevant witnesses. The
Homeland Security and Governmental Affairs Committee also
served a subpoena for records on Blue Star Strategies, a
consulting firm representing Burisma, which that committee
authorized. On September 23, 2020, Chairman Grassley and
Chairman Johnson released a report on that investigation,
titled ``Hunter Biden, Burisma, and Corruption: The Impact on
U.S. Government Policy and Related Concerns,'' summarizing its
findings. On the same day, the minority issued a staff report,
titled ``Election Interference: Majority Investigation
Amplifies Russian Attack on 2020 Election.'' On September 29,
2020, Chairman Grassley gave a floor speech disputing the
minority's characterization of his oversight work. On November
18, 2020, Chairman Grassley and Chairman Johnson released a
supplemental report based on additional information that came
to light on this topic.
Housing
In 2019, Chairman Grassley requested information from the
Department of Housing and Urban Development (HUD) about
oversight of Federal spending by Public Housing Agencies (PHAs)
and delays in implementing reforms that HUD has pledged to
implement. Over 3,300 PHAs across the country receive millions
of dollars in the annual congressional appropriations process.
These funds are appropriated to support housing for low-income
households. Chairman Grassley raised concerns that many PHAs--
including the country's largest--use a portion of those funds
to cover ``fees'' for property management and other services to
the housing projects they operate.
Immigration
During the 116th Congress, Chairman Grassley also continued
his oversight of the Department of Homeland Security's
implementation of the Nation's immigration laws. Chairman
Grassley continued his oversight of F-1 visa fraud in 2020 by
pressing DHS about the steps it is taking to crack down on
fraudulent companies providing fake employment offers to
foreign students seeking to extend their F-1 visas and remain
in the U.S. after graduation.
Law Enforcement
In 2019, Chairman Grassley introduced the Protecting
America's First Responders Act, referred to the Senate
Judiciary Committee, which would update the definition of
disability to ensure that officers who are permanently unable
to secure meaningful gainful employment following a
catastrophic injury in the line of duty remain eligible for
benefits. This bill cleared the Senate Judiciary Committee and
also passed the full Senate. Grassley had previously sent a
letter to Attorney General Barr raising concerns about this
program.
Human Rights
In 2019, Chairman Grassley wrote to the World Bank to
request a briefing on a $50-million loan provided to an
organization associated with the forcible internment of Chinese
Uighur Muslims, a population that has experienced grave human
rights violations at the hands of the communist Chinese
Government.
Whistleblower Protections
In 2019, Chairman Grassley sent a letter to DoD Secretary
Mark Esper, urging action on DoD Office of Inspector General
(OIG) recommendations regarding cases of whistleblower
retaliation. Chairman Grassley also joined his colleagues,
Chairman Johnson and Senator Mike Lee (R-Utah) in sending a
letter to the Inspector General of the Intelligence Community,
Michael Atkinson, to push for answers related to the
intelligence community's decision to change requirements for
whistleblowers seeking to report ``urgent concerns'' to
Congress.
In 2019, Chairman Grassley also introduced the
Whistleblower Programs Improvement Act of 2019, referred to the
Agriculture, Nutrition, and Forestry Committee. This
legislation is a response to the Supreme Court's decision in
Digital Realty v. Somers, in which the Court ruled that a
whistleblower who reports violations of the Nation's securities
laws is protected from retaliation only when he or she
discloses wrongdoing directly to the Securities and Exchange
Commission (SEC). The bill makes clear that internal
disclosures should be protected under the SEC program and
strengthened other whistleblower protections for whistleblowers
working in a variety of key sectors, including the securities
and commodities industries and the Foreign Service.
In 2020, Chairman Grassley introduced the CFTC Fund
Management Act, referred to the Agriculture, Nutrition, and
Forestry Committee. This legislation includes important updates
to the Commodity Futures Trading Commission's highly successful
whistleblower program, including an increase to the statutory
cap for the fund used to pay whistleblower awards and new audit
requirements designed to increase transparency.
To honor the critical role played by whistleblowers in
promoting good governance and effective oversight, Chairman
Grassley also introduced resolutions designating July 30, 2019,
and July 30, 2020, as ``National Whistleblower Appreciation
Day.'' Both resolutions passed the Senate by unanimous consent.
Full Committee Hearings
2019
June 5, 2019--``Foreign Threats to Taxpayer-Funded Research:
Oversight Opportunities and Policy Solutions.'' Testimony
was heard from Captain Michael Schmoyer, Ph.D., Assistant
Deputy Secretary for National Security and Director, Office
of National Security, Department of Health and Human
Services, Washington, DC; Lawrence A. Tabak, D.D.S., Ph.D.,
Principal Deputy Director, National Institutes of Health,
Bethesda, MD; Leslie W. Hollie, Chef of Investigative
Operations, Office of Inspector General, Department of
Health and Human Services, Washington, DC; Louis A. Rodi
III, Deputy Assistant Director, National Security
Investigations Division, Immigration and Customs
Enforcement, Department of Homeland Security, Washington,
DC; and Joe W. Gray, Ph.D., Gordon Moore chair of
biomedical engineering and associate director for
biophysical oncology, Knight Cancer Institute, Oregon
Health and Science University, Portland, OR.
2020
June 2, 2020--``COVID-19 and Beyond: Oversight of the FDA's
Foreign Drug Manufacturing Inspection Process.'' Testimony
was heard from Mark Abdoo, Associate Commissioner for
Global Policy and Strategy, Food and Drug Administration,
Department of Health and Human Services, Silver Spring, MD;
Judith McMeekin, Pharm.D., Associate Commissioner for
Regulatory Affairs, Food and Drug Administration,
Department of Health and Human Services, Silver Spring, MD;
Mary Denigan-Macauley, Ph.D., Director, Health Care,
Government Accountability Office, Washington, DC; Douglas
C. Throckmorton, M.D., Deputy Director for Regulatory
Programs, Center for Drug Evaluation and Research, Food and
Drug Administration, Department of Health and Human
Services, Silver Spring, MD; David Light, founder and CEO,
Valisure, New Haven, CT; and Martin VanTrieste, president
and CEO, CivicaRx, Inc., Lehi, UT.
July 28, 2020--``Part 1: Protecting the Reliability of the U.S.
Medical Supply Chain During the COVID-19 Pandemic.''
Testimony was heard from Soraya Correa, Chief Procurement
Officer, Department of Homeland Security, Washington, DC;
Thomas F. Overacker, Executive Director, Cargo and
Conveyance Security, Customs and Border Protection,
Washington, DC; and Steve Francis, Assistant Director,
Global Trade Investigations Division, and Director,
National Intellectual Property Rights Coordination Center,
Immigration and Customs Enforcement, Department of Homeland
Security,Washington, DC.
July 30, 2020--``Part 2: Protecting the Reliability of the U.S.
Medical Supply Chain During the COVID-19 Pandemic.''
Testimony was heard from Cathy Denning, R.N., MSN, group
senior vice president, Sourcing Operations, Analytics, and
Center of Excellence, Vizient, Irving, TX; Robert J. Wiehe,
senior vice president, chief supply chain and logistics
officer, UC Health, Cincinnati, OH; Charles Johnson,
president, International Safety Equipment Association,
Arlington, VA; and Ernest Grant, Ph.D., R.N., FAAN,
president, American Nurses Association, Silver Spring, MD.
Full Committee Classified Briefing
June 5, 2019--``Foreign Threats to Taxpayer-Funded Research:
Oversight Opportunities and Policy Solutions.'' Testimony
was heard from Captain Michael Schmoyer, Ph.D., Assistant
Deputy Secretary for National Security and Director, Office
of National Security, Department of Health and Human
Services, Washington, DC; Lawrence A. Tabak, D.D.S., Ph.D.,
Principal Deputy Director, National Institutes of Health,
Bethesda, MD; Leslie W. Hollie, Chef of Investigative
Operations, Office of Inspector General, Department of
Health and Human Services, Washington, DC; and Louis A.
Rodi III, Deputy Assistant Director, National Security
Investigations Division, Immigration and Customs
Enforcement, Department of Homeland Security, Washington,
DC.
Nominations
Michael N. Nemelka, of Utah, to be a Deputy United States Trade
Representative (Investment, Services, Labor,
Environment, Africa, China, and the Western
Hemisphere), with the rank of Ambassador, vice C.J.
Mahoney.
May 4, 2020: Received in the Senate and referred to the
Committee on Finance.
July 21, 2020: Committee on Finance. Hearings held.
August 3, 2020: Committee on Finance. Ordered to be reported
favorably.
August 3, 2020: Reported by Senator Grassley, Committee on
Finance, without printed report.
August 3, 2020: Placed on Senate Executive Calendar. Calendar
No. 819. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
August 13, 2020: Considered by Senate.
August 13, 2020: Confirmed by the Senate by voice vote.
Christian N. Weiler, of Louisiana, to be a judge of the United
States Tax Court for a term of 15 years, vice Albert G.
Lauber, term expiring.
November 19, 2019: Received in the Senate and referred to the
Committee on Finance.
July 21, 2020: Committee on Finance. Hearings held.
August 3, 2020: Committee on Finance. Ordered to be reported
favorably.
August 3, 2020: Reported by Senator Grassley, Committee on
Finance, without printed report.
August 3, 2020: Placed on Senate Executive Calendar. Calendar
No. 818. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
August 13, 2020: Considered by Senate.
August 13, 2020: Confirmed by the Senate by voice vote.
Alina I. Marshall, of Virginia, to be a judge of the United
States Tax Court for a term of 15 years, vice L. Paige
Marvel, term expiring.
November 19, 2019: Received in the Senate and referred to the
Committee on Finance.
July 21, 2020: Committee on Finance. Hearings held.
August 3, 2020: Committee on Finance. Ordered to be reported
favorably.
August 3, 2020: Reported by Senator Grassley, Committee on
Finance, without printed report.
August 3, 2020: Placed on Senate Executive Calendar. Calendar
No. 817. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
August 13, 2020: Considered by Senate.
August 13, 2020: Confirmed by the Senate by voice vote.
Sarah C. Arbes, of Virginia, to be an Assistant Secretary of
Health and Human Services, vice Matthew Bassett,
resigned.
October 30, 2019: Received in the Senate.
October 30, 2019: Placed on Senate Executive Calendar in the
Privileged Nominations section with nominee
information requested by the Committee on Finance,
pursuant to S. Res. 116, 112th Congress.
February 5, 2020: Committee on Finance. Hearings held.
March 10, 2020: Referred to the Committee on Finance as
requested by Senator Grassley.
March 11, 2020: Committee on Finance. Ordered to be reported
favorably.
March 11, 2020: Reported by Senator Grassley, Committee on
Finance, without printed report.
March 11, 2020: Placed on Senate Executive Calendar. Calendar
No. 595. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
March 21, 2020: Considered by Senate.
March 21, 2020: Confirmed by the Senate by voice vote.
Kipp Kranbuhl, of Ohio, to be an Assistant Secretary of the
Treasury, vice Matthew S. Rutherford, resigned.
October 15, 2019: Received in the Senate and referred to the
Committee on Finance.
February 5, 2020: Committee on Finance. Hearings held.
March 11, 2020: Committee on Finance. Ordered to be reported
favorably.
March 11, 2020: Reported by Senator Grassley, Committee on
Finance, without printed report.
March 11, 2020: Placed on Senate Executive Calendar. Calendar
No. 594. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
January 3, 2021: Returned to the President under the
provisions of Senate Rule XXXI, paragraph 6 of the
Standing Rules of the Senate.
Amy Karpel, of Washington, to be a member of the United States
International Trade Commission for a term expiring June
16, 2023, vice Irving A. Williamson, term expired.
June 5, 2019: Received in the Senate and referred to the
Committee on Finance.
June 11, 2019: Committee on Finance. Ordered to be reported
favorably.
June 11, 2019: Reported by Senator Grassley, Committee on
Finance, without printed report.
August 1, 2019: Considered by Senate.
August 1, 2019: Confirmed in Senate by voice vote.
Brent James McIntosh, of Michigan, to be an Under Secretary of
the Treasury, vice David Malpass, resigned.
May 23, 2019: Received in the Senate and referred to the
Committee on Finance.
July 24, 2019: Committee on Finance. Hearings held.
July 31, 2019: Committee on Finance. Ordered to be reported
favorably.
July 31, 2019: Reported by Senator Grassley, Committee on
Finance, without printed report.
July 31, 2019: Placed on Senate Executive Calendar. Calendar
No. 419. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
September 12, 2019: Motion to proceed to executive session to
consideration of nomination agreed to in Senate by
voice vote.
September 12, 2019: Cloture motion presented in Senate.
September 16, 2019: By unanimous consent agreement, debate
September 17, 2019.
September 17, 2019: Cloture invoked in Senate by Yea-Nay
vote, 54-40.
September 17, 2019: Considered by Senate.
September 17, 2019: By unanimous consent agreement, debate.
September 18, 2019: Considered by Senate.
September 18, 2019: Confirmed by the Senate by Yea-Nay vote,
54-38.
Brian Callanan, of New Jersey, to be General Counsel for the
Department of the Treasury, vice Brent James McIntosh.
May 23, 2019: Received in the Senate and referred to the
Committee on Finance.
July 24, 2019: Committee on Finance. Hearings held.
July 31, 2019: Committee on Finance. Ordered to be reported
favorably.
July 31, 2019: Reported by Senator Grassley, Committee on
Finance, without printed report.
July 31, 2019: Placed on Senate Executive Calendar. Calendar
No. 418. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
September 12, 2019: Motion to proceed to executive session to
consideration of nomination agreed to in Senate by
voice vote.
September 12, 2019: Cloture motion presented in Senate.
September 9, 2019: By unanimous consent agreement, mandatory
quorum required under Rule XXII waived.
September 16, 2019: By unanimous consent agreement, debate
September 17, 2019.
September 17, 2019: Cloture invoked in Senate by Yea-Nay
vote, 55-37.
September 17, 2019: Considered by Senate.
September 18, 2019: Considered by Senate.
September 18, 2019: Confirmed by the Senate by Yea-Nay vote,
55-39.
Brian McGuire, of New York, to be a Deputy Under Secretary of
the Treasury, vice Andrew K. Maloney, resigned.
February 25, 2019: Received in the Senate.
February 25, 2019: Placed on Senate Executive Calendar in the
Privileged Nominations section with nominee
information requested by the Committee on Finance,
pursuant to S. Res. 116, 112th Congress.
July 24, 2019: Committee on Finance. Hearings held.
July 30, 2019: Referred to the Committee on Finance as
requested by Senator Grassley.
July 31, 2019: Committee on Finance. Ordered to be reported
favorably.
July 31, 2019: Reported by Senator Grassley, Committee on
Finance, without printed report.
July 31, 2019: Placed on Senate Executive Calendar. Calendar
No. 417. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
September 18, 2019: Motion to proceed to executive session to
consideration of nomination agreed to in Senate by
voice vote.
September 18, 2019: Cloture motion presented in Senate.
September 18, 2019: By unanimous consent agreement, debate
September 19, 2019.
September 19, 2019: Considered by Senate.
September 23, 2019: Considered by Senate.
September 23, 2019: Cloture invoked in Senate by Yea-Nay
vote, 82-6.
September 23, 2019: By unanimous consent agreement, debate
and vote September 24, 2019.
September 24, 2019: Considered by Senate.
September 24, 2019: Confirmed by the Senate by Yea-Nay vote,
88-6. Record vote number: 298.
Emin Toro, of Virginia, to be a judge of the United States Tax
Court for a term of 15 years, vice Joseph Robert Goeke,
term expired.
February 6, 2019: Received in the Senate and referred to the
Committee on Finance.
May 9, 2019: Committee on Finance. Hearings held.
May 25, 2019: Committee on Finance. Ordered to be reported
favorably.
May 25, 2019: Reported by Senator Grassley, Committee on
Finance, without printed report.
May 25, 2019: Placed on Senate Executive Calendar. Calendar
No. 293. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
August 1, 2019: Considered by Senate.
August 1, 2019: Confirmed by the Senate by voice vote.
Courtney Dunbar Jones, of Virginia, to be a judge of the United
States Tax Court for a term of 15 years, vice John O.
Colvin, retired.
February 6, 2019: Received in the Senate and referred to the
Committee on Finance.
March 26, 2019: Committee on Finance. Ordered to be reported
favorably.
March 26, 2019: Reported by Senator Grassley, Committee on
Finance, without printed report.
March 26, 2019: Placed on Senate Executive Calendar. Calendar
No. 158. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
August 1, 2019: Considered by Senate.
August 1, 2019: Confirmed by the Senate by voice vote.
Mark Van Dyke Holmes, of New York, to be a judge of the United
States Tax Court for a term of 15 years
(reappointment).
February 6, 2019: Received in the Senate and referred to the
Committee on Finance.
January 3, 2020: Returned to the President under the
provisions of Senate Rule XXXI, paragraph 6 of the
Standing Rules of the Senate.
Mark Van Dyke Holmes, of New York, to be a judge of the United
States Tax Court for a term of 15 years
(reappointment).
December 10, 2020: Received in the Senate and referred to the
Committee on Finance.
January 3, 2021: Returned to the President under the
provisions of Senate Rule XXXI, paragraph 6 of the
Standing Rules of the Senate.
Travis Greaves, of the District of Columbia, to be a judge of
the United States Tax Court for a term of 15 years,
vice Juan F. Vasquez, term expired.
February 6, 2019: Received in the Senate and referred to the
Committee on Finance.
July 24, 2019: Committee on Finance. Hearings held.
July 31, 2019: Committee on Finance. Ordered to be reported
favorably.
July 31, 2019: Reported by Senator Grassley, Committee on
Finance, without printed report.
July 31, 2019: Placed on Senate Executive Calendar. Calendar
No. 416. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
February 13, 2020: Motion to proceed to executive session to
consideration of nomination agreed to in Senate by
voice vote.
February 13, 2020: Cloture motion presented in Senate.
February 13, 2020: By unanimous consent agreement, mandatory
quorum required under Rule XXII waived.
February 24, 2020: By unanimous consent agreement, debate and
vote February 25, 2020.
February 25, 2020: Cloture invoked in Senate by Yea-Nay vote,
91-5.
February 25, 2020: Considered by Senate.
February 25, 2020: By unanimous consent agreement, debate and
vote February 27, 2020.
February 27, 2020: Considered by Senate.
February 27, 2020: Confirmed by the Senate by Yea-Nay vote,
85-3.
Gordon Hartogensis, of Connecticut, to be Director of the
Pension Benefit Guaranty Corporation for a term of 5
years, vice W. Thomas Reeder, Jr., resigned.
January 16, 2019: Received in the Senate and referred jointly
to the Committees on Finance and Health, Education,
Labor, and Pensions pursuant to section 411(c) of
Pub. L. 109-280.
March 26, 2019: Committee on Finance. Ordered to be reported
favorably.
March 26, 2019: Reported by Senator Grassley, Committee on
Finance, without printed report.
April 9, 2019: Committee on Health, Education, Labor, and
Pensions. Ordered to be reported favorably.
April 9, 2019: Reported by Senator Alexander, Committee on
Health, Education, Labor, and Pensions, without
printed report.
April 9, 2019: Placed on Senate Executive Calendar. Calendar
No. 214. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
April 11, 2019: Motion to proceed to executive session to
consideration of nomination agreed to in Senate by
voice vote.
April 11, 2019: Cloture motion presented in Senate.
April 11, 2019: By unanimous consent agreement, mandatory
quorum required under Rule XXII waived.
April 30, 2019: Cloture invoked in Senate by Yea-Nay vote,
72-27.
April 30, 2019: Considered by Senate.
April 30, 2019: By unanimous consent agreement, debate April
30, 2019.
April 30, 2019: Confirmed by the Senate by Yea-Nay vote, 72-
27.
Randolph J. Stayin, of Virginia, to be a member of the United
States International Trade Commission for a term
expiring June 16, 2026, vice Meredith M. Broadbent,
term expired.
January 16, 2019: Received in the Senate and referred to the
Committee on Finance.
June 11, 2019: Committee on Finance. Ordered to be reported
favorably.
June 11, 2019: Reported by Senator Grassley, Committee on
Finance, without printed report.
June 11, 2019: Placed on Senate Executive Calendar. Calendar
No. 296. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
August 1, 2019: Considered by Senate.
August 1, 2019: Confirmed by the Senate by voice vote.
Andrew M. Saul, of New York, to be Commissioner of Social
Security for the term expiring January 19, 2025
(reappointment).
January 16, 2019: Received in the Senate and referred to the
Committee on Finance.
March 26, 2019: Committee on Finance. Ordered to be reported
favorably.
March 26, 2019: Reported by Senator Grassley, Committee on
Finance, without printed report.
March 26, 2019: Placed on Senate Executive Calendar. Calendar
No. 157. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
May 23, 2019: Motion to proceed to executive session to
consideration of nomination agreed to in Senate by
voice vote.
May 23, 2019: Cloture motion presented in Senate.
May 23, 2019: By unanimous consent agreement, mandatory
quorum required under Rule XXII waived.
June 3, 2019: Cloture invoked in Senate by Yea-Nay vote, 74-
17.
June 3, 2019: Considered by Senate.
June 3, 2019: By unanimous consent agreement, debate and vote
June 4, 2019.
June 4, 2019: Considered by Senate.
June 4, 2019: Confirmed by the Senate by Yea-Nay vote, 77-16.
Andrew M. Saul, of New York, to be Commissioner of Social
Security for the term expiring January 19, 2019, vice
Michael J. Astrue, resigned.
January 16, 2019: Received in the Senate and referred to the
Committee on Finance.
January 3, 2020: Returned to the President under the
provisions of Senate Rule XXXI, paragraph 6 of the
Standing Rules of the Senate.
Jeffrey Kessler, of Virginia, to be an Assistant Secretary of
Commerce, vice Paul Piquado, resigned.
January 16, 2019: Received in the Senate and referred to the
Committee on Finance.
February 5, 2019: Committee on Finance. Ordered to be
reported favorably.
February 5, 2019: Reported by Senator Grassley, Committee on
Finance, without printed report.
February 5, 2019: Placed on Senate Executive Calendar.
Calendar No. 8.
April 1, 2019: Motion to proceed to executive session to
consideration of nomination agreed to in Senate by
voice vote.
April 1, 2019: Cloture motion presented in Senate.
April 2, 2019: By unanimous consent agreement, debate April
2, 2019.
April 3, 2019: Considered by Senate.
April 3, 2019: Cloture invoked in Senate by Yea-Nay vote, 95-
3.
April 3, 2019: Point of order by Senator McConnell that the
post-cloture time under Rule XXII for all executive
branch nominations other than a position at level I
of the Executive Schedule under section 5312 of
title 5, U.S.C. is 2 hours in Senate.
April 3, 2019: Ruling of the chair that the point of order
raised by Senator McConnell with respect to the
post-cloture time under Rule XXII was not
sustained.
April 3, 2019: Motion by Senator McConnell to appeal the
ruling of the chair agreed to, the question being,
``Shall the decision of the chair stand as the
judgment of the Senate?''; determined by Yea-Nay
vote, 48-51.
April 3, 2019: Confirmed by the Senate by voice vote.
Amy Karpel, of Washington, to be a member of the United States
International Trade Commission for the remainder of the
term expiring June 16, 2020, vice F. Scott Kieff,
resigned.
January 16, 2019: Received in the Senate and referred to the
Committee on Finance.
June 5, 2019: Received message of withdrawal of nomination
from the President.
Michael Faulkender, of Maryland, to be an Assistant Secretary
of the Treasury, vice Karen Dynan.
January 16, 2019: Received in the Senate and referred to the
Committee on Finance.
February 5, 2019: Committee on Finance. Ordered to be
reported favorably.
February 5, 2019: Reported by Senator Grassley, Committee on
Finance, without printed report.
February 5, 2019: Placed on Senate Executive Calendar.
Calendar No. 7.
August 1, 2019: Considered by Senate.
August 1, 2019: Confirmed by the Senate by voice vote.
Michael J. Desmond, of California, to be Chief Counsel for the
Internal Revenue Service and an Assistant General
Counsel in the Department of the Treasury, vice William
J. Wilkins.
January 16, 2019: Received in the Senate and referred to the
Committee on Finance.
February 5, 2019: Reported by Senator Grassley, Committee on
Finance, without printed report.
February 5, 2019: Placed on Senate Executive Calendar.
Calendar No. 6.
February 14, 2019: Motion to proceed to executive session to
consideration of nomination in Senate by voice
vote.
February 14, 2019: Cloture motion presented in Senate.
February 14, 2019: By unanimous consent agreement, mandatory
quorum required under Rule XXII waived.
February 26, 2019: Cloture invoked in Senate by Yea-Nay vote,
84-15.
February 26, 2019: Considered by Senate.
February 26, 2019: By unanimous consent agreement, debate and
vote February 27, 2019.
February 27, 2019: Considered by Senate.
February 27, 2019: Confirmed by the Senate by Yea-Nay vote,
83-15.
Elizabeth Darling, of Texas, to be Commissioner on Children,
Youth, and Families, Department of Health and Human
Services, vice Rafael J. Lopez.
January 16, 2019: Received in the Senate.
January 16, 2019: Placed on Senate Executive Calendar in the
Privileged Nominations section with nominee
information requested by the Committee on Finance,
pursuant to S. Res. 116, 112th Congress.
January 16, 2019: Received in the Senate and referred to the
Committee on Finance.
February 4, 2019: Referred to the Committee on Finance as
requested by Senator Grassley.
February 5, 2019: Committee on Finance. Ordered to be
reported favorably.
February 5, 2019: Reported by Senator Grassley, Committee on
Finance, without printed report.
February 5, 2019: Placed on Senate Executive Calendar.
Calendar No. 5.
August 1, 2019: Motion to proceed to executive session to
consideration of nomination agreed to in Senate by
voice vote.
August 1, 2019: Cloture motion presented in Senate.
August 1, 2019: By unanimous consent agreement, mandatory
quorum required under Rule XXII waived.
September 9, 2019: By unanimous consent agreement, debate and
vote September 10, 2019.
September 10, 2019: Cloture invoked in Senate by Yea-Nay
vote, 57-37.
September 10, 2019: Considered by Senate.
September 10, 2019: Confirmed by the Senate by Yea-Nay vote,
57-37.
David Fabian Black, of North Dakota, to be Deputy Commissioner
of Social Security for a term expiring January 19, 2025
(reappointment).
January 16, 2019: Received in the Senate and referred to the
Committee on Finance.
May 9, 2019: Committee on Finance. Hearings held.
May 23, 2019: Committee on Finance. Ordered to be reported
favorably.
May 23, 2019: Reported by Senator Grassley, Committee on
Finance, without printed report.
May 23, 2019: Placed on Senate Executive Calendar. Calendar
No. 292. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
September 19, 2019: Motion to proceed to executive session to
consideration of nomination agreed to in Senate by
voice vote.
September 19, 2019: Cloture motion presented in Senate.
September 19, 2019: By unanimous consent agreement, mandatory
quorum required under Rule XXII waived.
September 23, 2019: By unanimous consent agreement, debate
and vote September 24, 2019.
September 24, 2019: Cloture invoked in Senate by Yea-Nay
vote, 66-25. Record vote number: 297.
September 24, 2019: Considered by Senate.
September 24, 2019: Confirmed by the Senate by Yea-Nay vote,
68-26. Record vote number: 301.
David Fabian Black, of North Dakota, to be Deputy Commissioner
of Social Security for the term expiring January 19,
2019, vice Carolyn W. Colvin, term expired.
January 16, 2019: Received in the Senate and referred to the
Committee on Finance.
January 3, 2020: Returned to the President under the
provisions of Senate Rule XXXI, paragraph 6 of the
Standing Rules of the Senate.
Jason J. Fichtner, of the District of Columbia, to be a member
of the Social Security Advisory Board for a term
expiring September 30, 2024, vice Lanhee J. Chen, term
expired.
January 16, 2020: Received in the Senate.
January 16, 2020: Placed on Senate Executive Calendar in the
Privileged Nominations section with nominee
information requested by the Committee on Finance,
pursuant to S. Res. 116, 112th Congress.
February 5, 2020: Committee on Finance. Hearings held.
March 10, 2020: Referred to the Committee on Finance as
requested by Senator Grassley.
March 11, 2020: Committee on Finance. Ordered to be reported
favorably.
March 11, 2020: Reported by Senator Grassley, Committee on
Finance, without printed report.
March 11, 2020: Placed on Senate Executive Calendar. Calendar
No. 593. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Geoffrey William Seiji Okamoto, of California, to be Deputy
Under Secretary of the Treasury, vice Ramin Toloui.
January 9, 2019: Received in the Senate and referred to the
Committee on Finance.
January 3, 2020: Returned to the President under the
provisions of Senate Rule XXXI, paragraph 6 of the
Standing Rules of the Senate.
William G. Dauster, of Maryland, to be a member of the Board of
Trustees of the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust
Fund for a term of 4 years, vice Robert D. Reischauer,
term expired.
February 12, 2020: Placed on Senate Executive Calendar in the
Privileged Nominations section with nominee
information requested by the Committee on Finance,
pursuant to S. Res. 116, 112th Congress.
William G. Dauster, of Maryland, to be a member of the Board of
Trustees of the Federal Hospital Insurance Trust Fund
for a term of 4 years, vice Robert D. Reischauer, term
expired.
February 12, 2020: Placed on Senate Executive Calendar in the
Privileged Nominations section with nominee
information requested by the Committee on Finance,
pursuant to S. Res. 116, 112th Congress.
William G. Dauster, of Maryland, to be a member of the Board of
Trustees of the Federal Supplementary Medical Insurance
Trust Fund for a term of 4 years, vice Robert D.
Reischauer, term expired.
February 12, 2020: Placed on Senate Executive Calendar in the
Privileged Nominations section with nominee
information requested by the Committee on Finance,
pursuant to S. Res. 116, 112th Congress.
James B. Lockhart III, of Connecticut, to be a member of the
Board of Trustees of the Federal Hospital Insurance
Trust Fund for a term of 4 years, vice Charles P.
Blahous III, term expired.
January 16, 2019: Placed on Senate Executive Calendar in the
Privileged Nominations section with nominee
information requested by the Committee on Finance,
pursuant to S. Res. 116, 112th Congress.
James B. Lockhart III, of Connecticut, to be a member of the
Board of Trustees of the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability
Insurance Trust Fund for a term of 4 years, vice
Charles P. Blahous III, term expired.
January 16, 2019: Placed on Senate Executive Calendar in the
Privileged Nominations section with nominee
information requested by the Committee on Finance,
pursuant to S. Res. 116, 112th Congress.
James B. Lockhart III, of Connecticut, to be a member of the
Board of Trustees of the Federal Supplementary Medical
Insurance Trust Fund for a term of 4 years, vice
Charles P. Blahous III, term expired.
January 16, 2019: Placed on Senate Executive Calendar in the
Privileged Nominations section with nominee
information requested by the Committee on Finance,
pursuant to S. Res. 116, 112th Congress.
Michael J. Astrue, of Massachusetts, to be a member of the
Social Security Advisory Board for a term expiring
September 30, 2022, vice Alan L. Cohen, term expired.
January 16, 2019: Received in the Senate.
January 16, 2019: Placed on Senate Executive Calendar in the
Privileged Nominations section with nominee
information requested by the Committee on Finance,
pursuant to S. Res. 116, 112th Congress.
September 9, 2019: Received message of withdrawal of
nomination from the President.
William Patrick Joseph Kimmitt, of Virginia, to be a member of
the United States International Trade Commission for a
term expiring June 16, 2029, vice F. Scott Kieff, term
expired.
December 2, 2020: Received in the Senate and referred to the
Committee on Finance.
January 3, 2021: Returned to the President under the
provisions of Senate Rule XXXI, paragraph 6 of the
Standing Rules of the Senate.
BILLS AND RESOLUTIONS REFERRED
TO THE COMMITTEE
There were 918 Senate bills and 12 House bills referred to
the committee for consideration during the 116th Congress. In
addition, 12 Senate and House resolutions (joint, concurrent,
or simple resolutions) were referred to the committee.
REPORTS, PRINTS, AND STUDIES
During the 116th Congress, the committee and supporting
joint committees prepared and issued 6 reports, special prints,
and studies on the following topics:
------------------------------------------------------------------------
Title Document no. To accompany
------------------------------------------------------------------------
United States-Mexico-Canada 116-283........... H.R. 5430
Agreement Implementation Act.
The Prescription Drug Pricing 116-120........... S. 2543
Reduction Act of 2019.
Insulin: Examining the Factors 116-51............ ..................
Driving the Rising Cost of a
Century Old Drug.
Syndicated Conservation-Easement 116-44............ ..................
Transactions.
Report on the Activities of the 116-19............ ..................
Committee on Finance of the
United States Senate During the
115th Congress.
Rules of Procedure of the 116-2............. ..................
Committee on Finance.
------------------------------------------------------------------------
OFFICIAL COMMUNICATIONS
During the 116th Congress, a total of 472 official
communications were submitted to the committee. Of these, 4
were Presidential Messages; 420 were Executive Communications--
these communications include reports to advise and inform the
Congress, required annual or semi-annual agency budget and
activities summaries, and requests for legislative action. The
committee also received 48 Petitions and Memorials.