[Senate Report 109-48]
[From the U.S. Government Publishing Office]
109th Congress Report
SENATE
1st Session 109-48
_______________________________________________________________________
R E P O R T
ON THE ACTIVITIES
of the
COMMITTEE ON FINANCE
of the
UNITED STATES SENATE
during the
108th CONGRESS
pursuant to
Rule XXVI of the Standing Rules
of the
UNITED STATES SENATE
March 30, 2005.--Ordered to be printed
Filed under authority of the order of March 17th, 2005
For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800
Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001
COMMITTEE ON FINANCE
CHARLES E. GRASSLEY, Iowa, Chairman
ORRIN G. HATCH, Utah MAX BAUCUS, Montana
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
OLYMPIA J. SNOWE, Maine Virginia
JON KYL, Arizona KENT CONRAD, North Dakota
CRAIG THOMAS, Wyoming JAMES M. JEFFORDS (I), Vermont
RICK SANTORUM, Pennsylvania JEFF BINGAMAN, New Mexico
BILL FRIST, Tennessee JOHN F. KERRY, Massachusetts
GORDON SMITH, Oregon BLANCHE L. LINCOLN, Arkansas
JIM BUNNING, Kentucky RON WYDEN, Oregon
MIKE CRAPO, Idaho CHARLES E. SCHUMER, New York
Kolan Davis, Staff Director and Chief Counsel
Russell Sullivan, Ranking Staff Director
(ii)
?
[108th Congress--Committee Membership]
COMMITTEE ON FINANCE
CHARLES E. GRASSLEY, Iowa, Chairman
ORRIN G. HATCH, Utah MAX BAUCUS, Montana
DON NICKLES, Oklahoma JOHN D. ROCKEFELLER IV, West
TRENT LOTT, Mississippi Virginia
OLYMPIA J. SNOWE, Maine TOM DASCHLE, South Dakota
JON KYL, Arizona JOHN BREAUX, Louisiana
CRAIG THOMAS, Wyoming KENT CONRAD, North Dakota
RICK SANTORUM, Pennsylvania BOB GRAHAM, Florida
BILL FRIST, Tennessee JAMES M. JEFFORDS (I), Vermont
GORDON SMITH, Oregon JEFF BINGAMAN, New Mexico
JIM BUNNING, Kentucky JOHN F. KERRY, Massachusetts
BLANCHE L. LINCOLN, Arkansas
Kolan Davis, Staff Director and Chief Counsel
Russell Sullivan, Ranking Staff Director
SUBCOMMITTEES
______
TAXATION AND IRS OVERSIGHT
DON NICKLES, Oklahoma, Chairman
ORRIN G. HATCH, Utah KENT CONRAD, North Dakota
TRENT LOTT, Mississippi JEFF BINGAMAN, New Mexico
OLYMPIA J. SNOWE, Maine BLANCHE L. LINCOLN, Arkansas
CRAIG THOMAS, Wyoming JOHN BREAUX, Louisiana
RICK SANTORUM, Pennsylvania MAX BAUCUS, Montana
GORDON SMITH, Oregon JAMES M. JEFFORDS (I), Vermont
______
INTERNATIONAL TRADE
CRAIG THOMAS, Wyoming, Chairman
ORRIN G. HATCH, Utah MAX BAUCUS, Montana
CHARLES E. GRASSLEY, Iowa JOHN D. ROCKEFELLER IV, West
GORDON SMITH, Oregon Virginia
OLYMPIA J. SNOWE, Maine KENT CONRAD, North Dakota
BILL FRIST, Tennessee BOB GRAHAM, Florida
TRENT LOTT, Mississippi JAMES M. JEFFORDS (I), Vermont
JIM BUNNING, Kentucky TOM DASCHLE, South Dakota
JOHN F. KERRY, Massachusetts
(iii)
?
SOCIAL SECURITY AND FAMILY POLICY
RICK SANTORUM, Pennsylvania, Chairman
CHARLES E. GRASSLEY, Iowa JOHN BREAUX, Louisiana
JON KYL, Arizona TOM DASCHLE, South Dakota
JIM BUNNING, Kentucky JOHN F. KERRY, Massachusetts
DON NICKLES, Oklahoma JOHN D. ROCKEFELLER IV, West
OLYMPIA J. SNOWE, Maine Virginia
BILL FRIST, Tennessee JEFF BINGAMAN, New Mexico
BLANCHE L. LINCOLN, Akansas
______
HEALTH CARE
JON KYL, Arizona, Chairman
OLYMPIA J. SNOWE, Maine JOHN D. ROCKEFELLER IV, West
BILL FRIST, Tennessee Virginia
JIM BUNNING, Kentucky TOM DASCHLE, South Dakota
DON NICKLES, Oklahoma BOB GRAHAM, Florida
CRAIG THOMAS, Wyoming JAMES M. JEFFORDS (I), Vermont
RICK SANTORUM, Pennsylvania JEFF BINGAMAN, New Mexico
GORDON SMITH, Oregon JOHN F. KERRY, Massachusetts
ORRIN G. HATCH, Utah BLANCHE L. LINCOLN, Arkansas
TRENT LOTT, Mississippi JOHN BREAUX, Louisiana
MAX BAUCUS, Montana
______
LONG-TERM GROWTH AND DEBT REDUCTION
GORDON SMITH, Oregon, Chairman
TRENT LOTT, Mississippi BOB GRAHAM, Florida
JON KYL, Arizona KENT CONRAD, North Dakota
(iv)
?
LETTER OF TRANSMITTAL
----------
U.S. Senate,
Committee on Finance,
Washington, DC, March 30, 2005.
Hon. Emily Reynolds,
Secretary, U.S. Senate,
Washington, DC.
Dear Ms. Reynolds: 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 108th
Congress.
Sincerely,
Charles E. Grassley, Chairman.
(v)
C O N T E N T S
__________
Page
108th Congress--Committee Membership............................. iii
Letter of Transmittal............................................ v
Committee Jurisdiction........................................... 1
Rules of Procedure............................................... 2
Tax--Summary of Activities....................................... 5
Hearings and Meetings........................................ 7
Full Committee Field Hearings................................ 11
Full Committee Executive Meetings............................ 12
Trade--Summary of Activities..................................... 14
Hearings and Meetings........................................ 15
Subcommittee on International Trade Hearings and Meetings.... 17
Subcommittee on International Trade Field Hearings........... 17
Joint Subcommittee Hearing with Health Care Subcommittee..... 18
Full Committee Executive Meetings............................ 18
Informal Meetings............................................ 19
Health--Summary of Activities.................................... 20
Hearings and Meetings........................................ 21
Full Committee Field Hearings................................ 23
Full Committee Executive Meetings............................ 23
Social Security--Summary of Activities........................... 25
Full Committee Hearings and Meetings......................... 25
Subcommittee on Social Security and Family Policy............ 25
Full Committee Executive Meetings............................ 26
Committee on Finance Oversight Activities........................ 27
Hearings and Meetings........................................ 28
Other Oversight and Investigation Initiatives................ 30
Calendar of Hearings............................................. 47
Bills and Resolutions Referred and Considered.................... 51
Status Charts of Legislative Activities:
Senate Bills and Resolutions................................. 52
House Bills and Resolutions.................................. 56
Full Committee Business Meetings................................. 58
Calendar of Nominations.......................................... 63
Reports, Prints, and Studies..................................... 77
Official Communications.......................................... 79
(vii)
109th Congress Report
SENATE
1st Session 109-48
======================================================================
REPORT ON THE ACTIVITIES OF THE COMMITTEE ON FINANCE DURING THE 108TH
CONGRESS
_______
March 30, 2005.--Ordered to be printed
_______
Mr. Grassley, from the Committee on Finance, submitted the following
R E P O R T
This report reviews the legislative and oversight
activities of the Committee on Finance during the 108th
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.
(f) No witness shall be required to be photographed at any
hearing or to give testimony while the broadcasting (or coverage) of
that hearing is being conducted. At the request of any such witness who
does not wish to be subjected to radio or television coverage, all
equipment used for coverage shall be turned off.
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) Because the Senate is constitutionally prohibited from
passing revenue legislation originating in the Senate, subcommittees
may mark up legislation originating in the Senate and referred to them
under Rule 16(a) to develop specific proposals for full committee
consideration but may not report such legislation to the full
committee. The preceding sentence does not apply to nonrevenue
legislation originating in the Senate.
(f) The chairman and ranking minority members shall serve as
nonvoting ex officio members of the subcommittees on which they do not
serve as voting members.
(g) Any member of the committee may attend hearings held by any
subcommittee and question witnesses testifying before that
subcommittee.
(h) Subcommittee meeting times shall be coordinated by the staff
director to insure 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.
(i) All nominations shall be considered by the full committee.
(j) 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. This record, 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. This record shall
not be published or made public in any way except:
(a) 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.
(b) Any member may release his own remarks made in any markup of
the committee provided that every member or witness whose remarks are
contained in the released portion is given a reasonable opportunity
before release to correct their remarks.
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 first session, the Finance Committee worked actively
in the following areas of Federal taxation: (i) tax incentives
for economic growth and job creation, (ii) tax benefits for
military personnel, (iii) pensions and retirement security,
(iv) energy tax incentives, (v) charitable giving incentives,
(vi) international reform, (vii) family tax relief, (viii)
transportation, and (ix) oversight. In the area of economic
growth, the Committee held conceptual hearings on
Administration proposals in February 2003 and marked up S. 2,
the ``Jobs and Growth Tax Act of 2003'' in May 2003. This
legislation was conferenced and signed into law on May 28,
2003. In February 2003, the Committee marked up and reported S.
351, the ``Armed Forces Tax Fairness Act of 2003.'' The
substance of the Committee's bill passed the Senate in March
2003 (H.R. 1307) and the Congress in November 2003 (H.R. 3365,
the ``Military Family Tax Relief Act of 2003''). The President
signed the bill into law on November 11, 2003. In the area of
pensions and retirement security, the Committee held a hearing
in March 2003, on issues related to the funding of defined
benefit plans. In September 2003, the Committee marked up an
original bill the National Employee Savings and Trust Equity
Guarantee Act (``NESTEG'') to reform pension and retirement
savings laws that was favorably reported by voice vote. In
October 2003, the Committee recalled the bill to examine
certain issues related to company-owned life insurance (COLI)
after a hearing on the issue. Related to energy, the Committee
marked up and reported out the ``Energy Tax Incentives Act of
2003'' (S. 1149) in April and May 2003, respectively. The
Senate passed the bill in July 2003. The Committee also
conducted a hearing and marked up the ``Volumetric Ethanol
Excise Tax Credit (VEETC) Act of 2003'' in August and September
2003, respectively. The Energy Tax Incentives Act of 2003 and
the Volumetric Ethanol Excise Tax Credit (VEETC) Act of 2003
were reported favorably out of conference but not agreed to by
the full Senate in November 2003. In February 2003, the Finance
Committee acted on charitable giving incentives and marked up
S. 476, the ``Savings for Working Families Act of 2003''
(CARE). This legislation passed the Senate during the 108th
Congress but did not reach conference. The Finance Committee
began a review of international tax reform in July 2003 with
hearings and marked up S. 1637, the ``Jumpstart Our Business
Strength (JOBS) Act'' in October 2003. Family tax incentives
passed the Senate in the form of a Grassley-Lincoln amendment
to H.R. 1308 on June 5, 2003 (entitled the ``Relief for Working
Families Tax Act of 2003''). In the transportation area, the
Federal highway program expired in September 2003. The Finance
Committee marked up and the Senate passed a five-month
extension of the highway program to February 29, 2004 (Pub. L.
No. 108-88). In June 2003, the Committee also marked up the
revenue title of S. 824, the ``Aviation Investment and
Revitalization Vision Act,'' which reauthorized the aviation
trust fund. Oversight hearings were conducted in the following
areas during the first session: U.S. border patrol (January
2003), the Joint Committee on Taxation's report on the
investigation of Enron's tax and compensation practices
(February and April 2003), paid preparers (April 2003),
charitable car donations (April 2003), and tax shelters
(October 2003).
In the second session, the Finance Committee worked
actively in the following areas of Federal taxation: (i)
international reform, (ii) energy tax incentives, (iii) family
tax relief and extension of expiring provisions, (iv) pension
and retirement security, (v) transportation, (vi) tax
administration, (vii) education, (viii) rural tax incentives,
(ix) taxation of bonds issued by American Samoa, and (x)
oversight. The Senate passed an expanded version of S. 1637,
the ``Jumpstart Our Business Strength (JOBS) Act of 2003'' in
May 2004 which was successfully conferenced and signed into law
on October 22, 2004. In the energy area, portions of the
``Energy Tax Incentives Act of 2003'' and VEETC were
incorporated into the JOBS bill that was signed in October
2004. H.R. 1308 was successfully conferenced and signed into
law on October 4, 2004 and renamed the ``Working Families Tax
Relief Act of 2004'' (Pub. L. No. 108-311). In the pension and
retirement security area, the Committee marked up a modified
version of the NESTEG bill (S. 2424) and ordered the bill
favorably reported by voice vote on February 2, 2004. Several
provisions of the NESTEG bill were incorporated in the
conference agreement on the ``Pension Funding Equity Act of
2004'' (H.R. 3108), which was signed into law by President Bush
on April 10, 2004 (Pub. L. No. 108-218). In the transportation
area, the Finance Committee marked up a revenue title to S.
1072, ``The Safe, Accountable, Flexible and Efficient
Transportation Equity Act of 2003,'' a bill to reauthorize the
highway program, in February 2004. The Senate passed S. 1072
including the revenue title in February 2004, but Congress
failed to resolve differences between the House and Senate-
passed bills during the remainder of the session. Five
additional extensions were passed by Congress during the second
session extending the program to April 30, 2004 (Pub. L. No.
108-202), June 30, 2004 (Pub. L. No. 108-224), July 31, 2004
(Pub. L. No. 108-263), September 30, 2004 (Pub. L. No. 108-
280), and May 31, 2005 (Pub. L. No. 108-310). In the tax
administration area, the Committee passed S. 882, the ``Tax
Administration Good Government Act'' in May 2004. The Senate
passed the bill as an amendment to H.R. 1528 on May 19, 2004.
Additional hearings were held on the role of higher education
in global competitiveness in July 2004 and the use of tax
incentives to preserve rural communities in August 2004. In
July 2004, the Committee marked up and reported out H.R. 982,
which clarified the tax treatment of bonds issued by the
Government of American Samoa. The President signed the bill
into law on October 16, 2004. Oversight hearings were conducted
in the following areas during the second session: terrorist
financing (May 2004), charity oversight and reform (June 2004),
bridging the tax gap (July 2004), and Indian jails (September
2004).
FULL COMMITTEE HEARINGS AND MEETINGS
2003
Jan. 30, 2003--Hearing on U.S. Borders: Safe or Sieve?
Committee heard testimony from GAO and Inspector
General of Department of Interior about investigations
they conducted regarding the safety of U.S. Borders.
Committee also heard from officials from INS, Border
Patrol and National Park Service. The hearing focused
especially on illegal transport of currency as well as
the wide range of Federal agencies responsible for
border security.
Feb. 5, 2003--Hearing on Revenue Proposals in the President's
FY 2004 Budget. Treasury Secretary John W. Snow
testified on revenue proposals in the Administration's
FY 2004 budget.
Feb. 11, 2003--Hearing on Examination of Proposals for
Economic Growth and Job Creation: Incentives for
Consumption. This set of hearings focused on the
economy and proposals for recovery and sustainable
growth. The first hearing evaluated proposals from the
Administration and members of Congress intended to
stimulate consumption and explored the relative
effectiveness, timeliness, and efficiency of those
proposals at creating jobs and economic growth.
Witnesses included Peter R. Orszag, Joseph A. Pechman
Senior Fellow, Economic Studies, The Brookings
Institute; Chris R. Edwards, Director of Fiscal Policy
Studies, CATO; and Oklahoma State Senator Angela
Monson, (D-OK), President, National Conference of State
Legislators.
Feb. 12, 2003--Hearing on Examination of Proposals for
Economic Growth and Job Creation: Incentives for
Investments. This set of hearings focused on the
economy and proposals for recovery and sustainable
growth. The second hearing evaluated proposals from the
Administration and members of Congress intended to
encourage investment and explored the relative
effectiveness, timeliness, and efficiency of those
proposals at creating jobs and economic growth.
Witnesses included former United States Senator Phil
Gramm (R-TX), Vice Chairman & Managing Director, UBS
Warburg; Leon Panetta, The Panetta Institute; Kevin A.
Hassett, Residential Scholar, American Enterprise
Institute; and William Gale, Deputy Director and Senior
Fellow, the Brookings Institute.
Feb. 13, 2003--Hearing on Enron: The Joint Committee on
Taxation's Investigative Report. Introduction and
official release of JCS3-03, ``Report of Investigation
of Enron Corporation and Related Entities Regarding
Federal Tax and Compensation Issues, and Policy
Recommendations,'' requested by the Committee on
Finance. The Committee heard testimony of Lindy Paull,
Chief of Staff, Joint Committee of Taxation (JCT)
regarding the JCT's extensive investigation of Enron
and particularly the tax practices at Enron. Committee
also heard reaction from a number of experts in
academia to the JCT findings and recommendations
contained in the report.
Mar. 11, 2003--Hearing on The Funding Challenge: Keeping
Defined Benefit Pension Plans Afloat. This hearing
focused on the status of defined benefit pension
funding, including an examination of current pension
funding rules and the interest rate set to value
pension liabilities. Witnesses included Steven
Kandarian, Executive Director, Pension Benefit Guaranty
Corporation; Marc Schuler, Captain, U.S. Airways; Ron
Gebhardtsbauer, Senior Pension Fellow, American Academy
of Actuaries; Henry Eickelberger, Staff Vice President,
General Dynamics Corporation; Christopher O'Flinn, The
ERISA Industry Committee.
Apr. 1, 2003--Hearing on Taxpayer Alert: Choosing a Paid
Preparer and the Pitfalls of Charitable Car Donations.
The hearing focused on three issues:
(1) a follow up to previous hearings on tax schemes
and scams that target working families and the IRS'
response;
(2) paid tax preparers ensuring that taxpayers
benefit from honest assistance and how to avoid
unscrupulous tax preparers; and,
(3) General Accounting Office's (GAO) report on car
donations which highlighted significant taxpayer abuse
in the program as well as the fact that charities
received very little benefit. The Committee heard from
several witnesses including the GAO, the Inspector
General for Tax Administration, and the Taxpayer
Advocate.
Apr. 8, 2003--Hearing on Enron: Joint Committee on Taxation
Investigative Report Compensation-Related Issues. A
follow-on to the February 13, 2003 hearing with a focus
on executive and deferred compensation issues raised in
the Joint Committee on Taxation Investigative Report on
Enron. The Committee heard from JCT as well as Pamela
Olson, Assistant Secretary, Tax Policy, Department of
the Treasury and others about the findings of the
report as well as possible reforms.
Apr. 29, 2003--Republican Member's Meeting on the President's
Growth Package.
May 1, 2003--Member's Meeting on the President's Growth
Package.
May 7, 2003--Republican Member's Meeting on President's Growth
Package.
July 8, 2003--Hearing on an Examination of U.S. Tax Policy and
Its Effect on the Domestic and International
Competitiveness of U.S.-Based Operations. This hearing
examined the effect of repealing the extraterritorial
income tax regime on the U.S. domestic manufacturing
sector and economy as a whole, and the effect of
certain U.S. international tax laws on the domestic
operations of U.S. companies and the U.S. operations of
foreign companies.
July 15, 2003--Hearing on an Examination of U.S. Tax Policy
and Its Effect on the International Competitiveness of
U.S.-Owned Foreign Operations. This hearing examined
the effect of U.S. international tax laws on the
competitiveness of foreign operations of U.S.
companies. The hearing considered the effect of
international competitiveness for the U.S. economy, a
proposal to encourage repatriation the deferred foreign
earnings of U.S. companies, and other reforms of U.S.
international tax provisions.
Sept. 11, 2003--Republican Member's Meeting on Tax.
Consideration of a proposal to repeal the
extraterritorial income tax regime to comply with a
World Trade Organization ruling dated January 2002.
Sept. 25, 2003--Member's Meeting on Tax. Consideration of a
proposal to repeal the extraterritorial income tax
regime to comply with a World Trade Organization ruling
dated January 2002.
Oct. 21, 2003--Hearing on ``Shelters: Who's Buying, Who's
Selling, and What's the Government Doing About It?''
This hearing focused on the actual mechanics of tax
shelters and how they are marketed and sold. The
committee heard from witnesses with first-hand
knowledge from their position at accounting firms,
major corporations and investors. The Committee then
heard from government officials, including the
Commissioner of the IRS, the Assistant Attorney
General, Tax Division, U.S. Department of Justice and
the Public Company Accounting Oversight Board, about
efforts to address abusive tax shelters and their
promoters.
Oct. 23, 2003--Hearing on ``Company Owned Life Insurance.''
This hearing examined the uses of company-owned life
insurance or COLI and whether and to what extent
legislation may be necessary to address possible abuses
with respect to the use of COLI. Witnesses included
Greg Jenner, Deputy Assistant Secretary, United States
Department of the Treasury; Davi D'Agostino, General
Accounting Office, Financial Market Community
Investment; Spencer Tillman, Journalist; Frank Keating,
President, American Council of Life Insurance; Andrew
Pike, Professor of Law and Academic Dean, American
University Washington College of Law; and Robert
Plybon, President, Association of Advanced Life
Underwriters.
2004
Jan. 28, 2004--Member's Meeting on NESTEG.
Feb. 12, 2004--Hearing on the Revenue Proposals in the
President's FY05 Budget. Treasury Secretary John W.
Snow testified on revenue proposals in the
Administration's FY 2005 budget.
May 19, 2004--Hearing on Oversight and Nominations: The
Treasury Department and Terrorism Financing; to
consider the nominations for John O. Colvin, Juan C.
Zarate, and Stuart Levey. Committee heard from two
senior former government officials as to the role and
performance of the Department of the Treasury in
addressing terrorism financing, with a particular focus
on the use of front companies and charities who launder
money as well as the work of the office of Foreign
Asset Control.
June 16, 2004--Hearing on Strengthening Regulations and
Oversight to Better Ensure Agriculture Financing
Integrity. This hearing focused on a report by the
Government Accountability Office (GAO) entitled, ``Farm
Program Payments: USDA Needs to Strengthen Regulations
and Oversight to Better Ensure Recipients Do Not
Circumvent Payment Limitations.'' Congress enacted the
Agriculture Reconciliation Act of 1987 to establish
eligibility conditions for recipients of farm program
payments and to ensure that only entities ``actively
engaged in farming'' received payments. GAO found that,
``USDA's regulations to ensure recipients are actively
engaged in farming do not specify a measurable standard
for what constitutes a significant contribution of
active personal management.'' GAO also reported that
without some type of measurable standard, USDA makes
little attempt to limit recipients who claim active
personal management as their qualifying criteria.--Mr.
Lawrence J. Dyckman, Director of Natural Resources and
Environment, GAO, testified.
June 22, 2004--Hearing on Charity Oversight and Reform:
Keeping Bad Things from Happening to Good Charities.
The Committee heard from the Commissioner of the IRS as
well as State officials about significant problems
involving tax exempt organizations. The Committee then
heard from four private sector witnesses who discussed
first-hand actual tax scams and schemes that involved
charities or improperly benefited insiders at
charities. Finally, the Committee heard from outside
experts who provided Senators their response to
proposed reforms.
June 24, 2004--Member's Meeting to examine the process for
preparing cost estimates on pending and proposed
legislation.
July 21, 2004--Hearing on Bridging the Tax Gap. Committee
heard from a number of experts in government and the
private sector about the size of the tax gap the
difference between the amount of tax due and owing
versus the amount actually collected. The committee
also heard of possible new ways and innovations to
reduce the tax gap. The Committee then heard from the
Commissioner of the IRS, the Taxpayer Advocate as well
as State officials on their perspectives of how to
address the tax gap while balancing respect for
taxpayers' rights.
July 22, 2004--Hearing on the Role of Higher Education
Financing in Strengthening U.S. Competitiveness in a
Global Economy. This hearing examined the financing of
higher education in the United States and the role of
Federal tax incentives in helping students and their
families meet higher education costs. Witnesses
included Susan Dynarski, Harvard University Kennedy
School of Government; Peter Corr, Senior Vice President
for Science and Technology, Pfizer; Watson Scott Swail,
President, Education Policy Institute; Robert Paxton,
President, Iowa Central Community College; David
Forbes, Dean, School of Pharmacy, University of
Montana; Randall Edwards, Treasurer, State of Oregon;
Chuck Toth, Director, Education Savings, Merrill Lynch
& Co.; James Fadule, President, UPromise Investments.
Sept. 21, 2004--Hearing on Indian Jails: A Clarion Call for
Reform. This oversight hearing focused on a report
issued by the Office of Inspector General for the
Department of the Interior that exposed deplorable
conditions within many detention facilities operated by
the Bureau of Indian Affairs. The Inspector General's
report found that 79 percent of facilities fell below
minimum staffing levels on a regular basis, often
placing staff and inmates at risk. The report also
found serious health and safety conditions at many
facilities resulting from years of inadequate
maintenance. The report chronicled 11 fatalities, 236
attempted suicides, and 631 escapes at Indian Country
jails during the three years preceding the report.
Witnesses included the Department of the Interior
Inspector General, representatives from the Bureau of
Indian Affairs, a representative from the Department of
Justice, and two individuals from Indian country who
have been personally impacted by these facilities.
FULL COMMITTEE FIELD HEARINGS
2003
Aug. 26, 2003--Field Hearing, Rural Economy, Renewable Energy,
and the Role of our Cooperatives in Dallas City, Iowa.
This hearing examined the role of cooperatives in our
pursuit of renewable energy to diversify our national
energy policy. In addition, it reviewed utilizing
agricultural products to decrease dependence on the
Middle East for oil and to diversify rural economy.
Witnesses included Thomas Dorr, Under Secretary for
Rural Development for U.S. Department of Agriculture,
Tom Gue, Professor of Law, University of South Dakota
and Reporter for the National Conference of
Commissioners on Uniform State Law regarding
cooperatives, Regi Goodale, Director of Regulatory
Affairs for the Iowa Association of Electric
Cooperatives, John Campbell, Vice-President of
Government Relations and Industrial Products for AG
Processing, Inc., former Deputy Under Secretary of
International Affairs and Commodity Programs for U.S.
Department of Agriculture, Josh Blaisdell, Director of
Tax for CHS (formerly Cenex Harvest States), and Bob
Dinneen, President and CEO of Renewable Fuels
Association (RFA).
2004
Aug. 25, 2004--Field Hearing, Saving America's Great Places:
The Role of Tax Incentives in Preserving Rural
Communities in Sioux City, Iowa. This hearing examined
the ability to update or change tax law to help build
rural economic strength. The Witnesses focused on the
legislation ``Heartland Investment and Rural Employment
Act,'' known as HIRE and discussed updating tax laws
and potential new tax incentives focused on small
business and rural development. The witnesses included
The Honorable Sam Brownback, Senator, United States
Senate; Ms. Jean-Mari Peltier, President, National
Council of Farmer Cooperatives; Mr. Glen Keppy,
Director, CHS Board of Directors; Mr. Peter Froelich,
Ph.D, Assistant for Special Projects, Office of the
President, Dickinson State University; Mr. Chuck
Hassebrook, Executive Director, Center for Rural
Affairs; Mr. Kevin Edberg, Executive Director,
Cooperative Development Services; and, Mr. Shane
Tiernan, Ag/Commercial Loan Development Officer, Grundy
National Bank.
FULL COMMITTEE EXECUTIVE MEETINGS
2003
Feb. 5, 2003--Executive Session on the Armed Forces Tax
Fairness Act of 2003 and the CARE Act of 2003. The
Committee favorably reported S. 351, the Armed Forces
Tax Fairness Act of 2003. The Committee favorably
reported S. 476, the CARE Act of 2003.
Apr. 2, 2003 Executive Session on S. 1149, Energy Tax
Incentives Act of 2003.
May 8, 2003--Executive Session on a substitute for S. 2, the
Jobs and Growth Tax Act of 2003.
May 13, 2003--Executive Session on an original bill, the text
of which was reported by the Committee on Finance on
May 8, 2003, for the purposes of meeting Finance
Committee reconciliation instructions.
May 22, 2003--Joint House and Senate Conference on the Growth
Package.
June 5, 2003--Executive Session on revenue title to S. 824,
the Aviation Investment and Revitalization Vision Act.
Sept. 17, 2003--Executive Session on H.R. 743, S. 1548, the
Volumetric Ethanol Excise Tax Credit Act of 2003, and
an original bill entitled the National Employee Savings
and Trust Equity Guarantee Act.
Oct. 1, 2003--Executive Session on S. 1637, the ``Jumpstart
Our Business Strength (JOBS) Act of 2003.'' Finance
Committee mark-up of a bill to repeal the
extraterritorial income tax regime to comply with a
World Trade Organization ruling of January 2002.
2004
Feb. 2, 2004--Executive Session on S. 2424, National Employee
Savings and Trust Equity Guarantee Act, Extension of
Highway Trust Fund and S. 882, Tax Administration Good
Government Act.
July 20, 2004--Executive Session to consider favorably
reporting H.R. 982. The Committee favorably reported
H.R. 982, to clarify the tax treatment of bonds issued
by the Government of American Samoa.
Sept. 21, 2004--Conference Meeting with the House on H.R.
1308, Tax Relief, Simplification, and Equity Act of
2003.
Sept. 22, 2004--Continuation of Conference Meeting with the
House on H.R. 1308, Tax Relief, Simplification, and
Equity Act of 2003.
Sept. 29, 2004--Conference Meeting with the House on H.R.
4520, JOBS Act. Public House-Senate conference
proceedings to consider a bill to repeal the
extraterritorial income tax regime, to create a U.S.
manufacturing deduction, to enact certain international
tax reforms, to provide for termination of a support
program for tobacco farmers, and other matters.
Oct. 4, 2004--Continuation of Conference Meeting with the
House on H.R. 4520, JOBS Act. Public House-Senate
conference proceedings to consider a bill to repeal the
extraterritorial income tax regime, to create a U.S.
manufacturing deduction, to enact certain international
tax reforms, to provide for termination of a support
program for tobacco farmers, and other matters.
Oct. 5, 2004--Continuation of Conference Meeting with the
House on H.R. 4520, JOBS Act. Public House-Senate
conference proceedings to consider a bill to repeal the
extraterritorial income tax regime, to create a U.S.
manufacturing deduction, to enact certain international
tax reforms, to provide for termination of a support
program for tobacco farmers, and other matters.
Oct. 6, 2004--Continuation of Conference Meeting with the
House on H.R. 4520, JOBS Act. Public House-Senate
conference proceedings to consider a bill to repeal the
extraterritorial income tax regime, to create a U.S.
manufacturing deduction, to enact certain international
tax reforms, to provide for termination of a support
program for tobacco farmers, and other matters.
TRADE
SUMMARY OF ACTIVITIES
During the 108th Congress, the Committee examined and acted
upon many important issues related to international trade and
the American economy.
In the first session, the Committee convened hearings on
the Administration's trade agenda, U.S.-Cuba economic
relations, and Mexican barriers to U.S. agricultural exports.
In addition, the Subcommittee held a hearing on the status of
the Free Trade Area of the Americas negotiations.
The Committee also held hearings on S. 1416, the U.S.-Chile
Free Trade Agreement and S. 1417, the U.S.-Singapore Free Trade
Agreement, and developed implementing legislation and
statements of administrative action that were approved by the
Congress and signed into law. The Committee marked up and
reported S. 760, the Clean Diamond Trade Act, which was signed
into law in April 2003, and S. 671, the Miscellaneous Trade and
Technical Corrections Act. The Committee actively engaged in
negotiations over S.J. Res. 39, the Burmese Freedom and
Democracy Act which was passed by the Congress and signed into
law. The Committee held confirmation hearings for Josette
Sheeran Shiner to be Deputy United States Trade Representative,
Executive Office of the President; for James J. Jochum to be
Assistant Secretary for Import Administration, Department of
Commerce; and for Daniel Pearson, of Minnesota, and Charlotte
A. Lane, of West Virginia, to be Members of the United States
International Trade Commission.
Chairman Grassley and Ranking Member Baucus also
participated in three meetings of the bipartisan, bicameral
Congressional Oversight Group. During these meetings members
met with Ambassador Robert B. Zoellick, the United States Trade
Representative, to discuss priorities and strategies for on-
going international trade negotiations. The Committee convened
a Member's meeting with Stuart Harbinson, Chairman of the World
Trade Organization agricultural negotiations where Members of
the Committee shared their perspective on the proposed
agricultural negotiating text prior to the WTO Cancun
Ministerial. A Member's meeting was also held with Ambassador
Robert B. Zoellick prior to the Ministerial to discuss the
agenda and negotiating strategies for the WTO Cancun
Ministerial.
In the second session, the Committee convened hearings on
the Administration's trade agenda and on U.S. trade and
economic policy toward the Middle East. In addition, the
Subcommittee on International Trade conducted a field hearing
in Rock Springs, Wyoming, on international trade and the U.S.
soda ash industry. The Subcommittee on International Trade, in
conjunction with the Subcommittee on Health Care, conducted a
hearing on international trade and pharmaceuticals.
The Committee also held hearings on S. 2610, the U.S.-
Australia Free Trade Agreement and S. 2677, the U.S.-Morocco
Free Trade Agreement, and developed implementing legislation
and statements of administrative action that were approved by
the Congress and signed into law. The Committee secured Senate
approval for S. 1637, the Jumpstart our Business Strength Act,
which, among other things, brought the United States into
compliance with its WTO obligations regarding the tax treatment
of extraterritorial income. The Committee shepherded S. 2529,
the Africa Growth and Opportunity Acceleration Act of 2004,
through the Senate, which was signed into law. The Committee
considered S.J. Res. 39, Approving Renewal of Import
Restrictions Contained in the Burmese Freedom and Democracy Act
of 2003. The Committee also led the Senate approval of S. 671,
the Miscellaneous Trade and Technical Corrections Act, which,
among other things: repealed the 1916 Antidumping Act, bringing
the United States into compliance with its WTO obligations;
granted the President the authority to provide permanent normal
trade relations to Armenia; extended normal trade relations to
Laos; and, enacted the Emergency Protection for Iraqi Cultural
Antiquities Act, all of which were signed into law as part of
the bill.
Chairman Grassley and Ranking Member Baucus also
participated in two meetings of the bipartisan, bicameral
Congressional Oversight Group where members met with Ambassador
Robert B. Zoellick, the United States Trade Representative, to
discuss priorities and strategies for on-going international
trade negotiations.
FULL COMMITTEE HEARINGS AND MEETINGS
2003
Jan. 7, 2003--Meeting: Congressional Oversight Group with
Ambassador Robert B. Zoellick, U.S. Trade
Representative.
Feb. 12, 2003--Hearing: ``Nomination of Daniel Pearson, to be
Member of the United States International Trade
Commission; and Nomination of Charlotte A. Lane, to be
Member of the United States International Trade
Commission.'' Received testimony from two nominees to
be Commissioners on the U.S. International Trade
Commission. The two nominees were favorably reported by
the Committee by voice vote on March 5, 2003.
Mar. 5, 2003--Hearing: ``The Administration's Trade Agenda.''
Received testimony from Ambassador Robert B. Zoellick,
U.S. Trade Representative, regarding the
Administration's international trade agenda. Ambassador
Zoellick highlighted the successful effort to pass the
Trade Act of 2002, which gave the President the
authority to pursue an aggressive international trade
policy.
Apr. 11, 2003--Meeting: Congressional Oversight Group with
Ambassador Robert B. Zoellick, U.S. Trade
Representative.
June 17, 2003--Hearing: ``The Implementation of U.S. Bilateral
Free Trade Agreements with Singapore and Chile.''
Received testimony from Ambassador Peter F. Allgeier,
Deputy U.S. Trade Representative, and a panel of
private sector representatives regarding the free trade
agreements with Singapore and Chile.
June 26, 2003--Hearing: ``Nomination of Josette Sheeran Shiner,
to be Deputy United States Trade Representative,
Executive Office of the President, and James J. Jochum,
to be Assistant Secretary, Department of Commerce.''
Received testimony from the two nominees. The Deputy
U.S. Trade Representative plays a key role in
developing and carrying out the Administration's
international trade policy. The Assistant Secretary for
Import Administration at the U.S. Department of
Commerce is responsible for administering the U.S.
trade remedy laws. The two nominees were favorably
reported by the Committee by voice vote on July 31,
2003.
July 10, 2003--Informal Meeting: ``To Review and Make
Recommendations on Proposed Legislation Implementing
the U.S.-Chile Free Trade Agreement and the U.S.-
Singapore Free Trade Agreement.'' Considered the draft
implementing legislation and draft statements of
administrative action that were submitted by the
Administration pursuant to the cooperative procedures
provided in the Trade Act of 2002 for the approval of
trade agreements.
July 10, 2003--Members Meeting with Stuart Harbinson, Chairman
of the World Trade Organization Agricultural
Negotiations. Reviewed and commented upon the draft
agricultural negotiating text written by Mr. Harbinson
for the World Trade Organization Ministerial
negotiations in Cancun, Mexico.
July 24, 2003--Meeting: Congressional Oversight Group with
Ambassador Robert B. Zoellick, U.S. Trade
Representative.
Sept. 3, 2003--Members Meeting with Ambassador Robert B.
Zoellick, U.S. Trade Representative, and the Government
Accountability Office. Reviewed the agenda and
negotiating strategies for the World Trade Organization
Ministerial in Cancun, Mexico.
Sept. 4, 2003--Hearing: ``Regarding U.S.-Cuba Economic
Relations.'' Received testimony from Alan Larson, Under
Secretary for Economic, Business, and Agricultural
Affairs, U.S. Department of State, and Grant D.
Aldonas, Under Secretary for International Trade, U.S.
Department of Commerce, and a panel of private sector
representatives concerning U.S. policy toward Cuba.
Sept. 23, 2003--Hearing: ``Unfulfilled Promises: Mexican
Barriers to U.S. Agricultural Exports.'' Received
testimony from Ambassador Allen F. Johnson, Chief
Agriculture Negotiator, Office of the U.S. Trade
Representative, and a panel of private sector
representatives concerning agricultural trade with
Mexico and the actions the Government of Mexico has
taken to support and protect Mexican farmers against
agricultural imports from the United States,
notwithstanding Mexico's commitments and obligations
under the NAFTA and the WTO.
2004
Mar. 9, 2004--Hearing: ``The Administration's International
Trade Agenda.'' Received testimony from Ambassador
Robert B. Zoellick, U.S. Trade Representative,
regarding the Administration's international trade
agenda. Ambassador Zoellick outlined the priorities of
the Administration, which include a plan to pursue
bilateral, regional and global trade agreements that
will open markets for U.S. farmers, manufacturers and
service providers.
Mar. 10, 2004--Hearing: ``United States Economic and Trade
Policy in the Middle East.'' Received testimony from
the Honorable John McCain, United States Senator, Grant
D. Aldonas, Under Secretary for International Trade,
U.S. Department of Commerce, and Alan Larson, Under
Secretary for Economic, Business, and Agricultural
Affairs, U.S. Department of State, and a panel of
private sector representatives concerning U.S. efforts
to encourage economic reform and trade liberalization
in the Middle East, and prospects for achieving the
President's vision for a Middle East Free Trade Area by
2013, thereby promoting greater peace and prosperity in
the region.
May 6, 2004--Meeting: Congressional Oversight Group with
Ambassador Robert B. Zoellick, U.S. Trade
Representative.
May 17, 2004--Members' Meeting with Australian Trade Minister
Mark Vaile. Discussed the implementation of the U.S.-
Australia Free Trade Agreement and issues related to
passage of the measure in the Senate.
June 3, 2004--Members' Meeting with Australian Prime Minister
John Howard. Provided a forum for Senators to meet
Prime Minister Howard and discuss Senate consideration
of the U.S.-Australia Free Trade Agreement.
June 15, 2004--Hearing: ``U.S.-Australia and U.S.-Morocco Free
Trade Agreements.'' Received testimony from Ambassador
Peter F. Allgeier, Deputy U.S. Trade Representative,
Josette Sheeran Shiner, Deputy U.S. Trade
Representative, and Allen Johnson, Chief Agricultural
Negotiator, Office of the U.S. Trade Representative,
and a panel of private sector representatives
concerning the two free trade agreements.
Sept. 8, 2004--Meeting: Congressional Oversight Group with
Ambassador Robert B. Zoellick, U.S. Trade
Representative.
SUBCOMMITTEE ON INTERNATIONAL TRADE
HEARINGS AND MEETINGS
May 13, 2003--Hearing: ``Status of the Free Trade Area of the
Americas: Negotiations and Preparations for the Miami
Ministerial.'' Received testimony from Ambassador Peter
F. Allgeier, Deputy U.S. Trade Representative, and a
panel of experts regarding the ongoing negotiations of
the Free Trade Area of the Americas, and the
preparations for the Miami Ministerial.
SUBCOMMITTEE ON INTERNATIONAL TRADE
FIELD HEARINGS
Apr. 15, 2004--Field Hearing, Rock Springs, Wyoming:
``International Trade and the Impact on the U.S. Soda
Ash Industry.'' Received testimony from the Honorable
Barbara Cubin, U.S. Congresswoman, and Meredith
Broadbent, Assistant U.S. Trade Representative for
Industry, Market Access and Telecommunications, and a
panel of private sector representatives concerning the
competitive conditions in the soda ash industry and the
challenges faced by Wyoming's soda ash industry in
foreign markets
JOINT HEARING BY THE SUBCOMMITTEE ON INTERNATIONAL TRADE AND THE
SUBCOMMITTEE ON HEALTH CARE
Apr. 27, 2004--Hearing: ``International Trade and
Pharmaceuticals.'' Received testimony from Grant D.
Aldonas, Under Secretary for International Trade, U.S.
Department of Commerce, Josette Sheeran Shiner, Deputy
U.S. Trade Representative, and William K. Hubbard,
Associate Commissioner for Policy and Planning, Food
and Drug Administration, and a panel of private sector
representatives concerning the impact of foreign trade
and regulatory barriers, including government-set price
controls, on the competitiveness of the U.S.
pharmaceutical industry.
FULL COMMITTEE EXECUTIVE MEETINGS
2003
Feb. 26, 2003--Executive Session: ``To Mark Up an Original Bill
Entitled, `Miscellaneous Trade and Technical
Corrections Act of 2003.' '' Considered and marked up a
trade bill (S. 671) that, among other things:
temporarily suspended certain rates of duty for
products that are not produced domestically; liquidated
or reliquidated certain custom entries; granted duty-
free treatment to certain hand-made rugs under the
Generalized System of Preferences; enhanced the
international competitiveness of the U.S. insular
possessions; strengthened the protection of U.S.
intellectual property rights abroad; and made a number
of other technical amendments to U.S. trade laws. The
bill was favorably reported by the Committee by voice
vote on February 27, 2003.
Apr. 2, 2003--Executive Session: ``To Mark Up the Clean Diamond
Trade Act.'' Considered and marked up a bill (S. 760)
that implements measures to stop international trade in
``conflict diamonds,'' rough diamonds that are mined
and sold by rebel groups in several sub-Saharan African
countries. The proceeds from such diamond sales fuel
persistent regional conflicts that include well-
documented human rights violations against local
populations. The bill was favorably reported by the
Committee by voice vote.
July 17, 2003--Executive Session: ``To Consider Favorably
Reporting S. 1416, the U.S.-Chile Free Trade
Implementation Act and S. 1417, the U.S.-Singapore Free
Trade Implementation Act.'' The Committee's
recommendation for the proposed implementing bill for
the U.S.-Chile free trade agreement was approved by a
unanimous vote of 21-0. The Committee's recommendations
for the proposed implementing bill for the U.S.-
Singapore free trade agreement was also approved by a
unanimous vote of 21-0.
2004
June 15, 2004--Executive Session: ``Approving the Renewal of
Import Restrictions Contained in the Burmese Freedom
and Democracy Act of 2003.'' The Committee voted
unanimously to report favorably S.J. Res. 39, Approving
Renewal of Import Restrictions Contained in the Burmese
Freedom and Democracy Act of 2003.
July 15, 2004--Executive Session: ``To Consider Favorably
Reporting S. 2610, the U.S.-Australia Free Trade
Implementation Act.'' The Committee's recommendations
for the proposed implementing bill for the proposed
implementing bill for the U.S.-Australia free trade
agreement were disapproved by the Committee by a
recorded vote of 4 ayes and 17 nays.
July 20, 2004--Executive Session: To Consider Favorably
Reporting S. 2677, the U.S.-Morocco Free Trade
Agreement Implementation Act.'' The Committee's
recommendations for the proposed implementing bill for
the U.S.-Morocco free trade agreement were approved by
a unanimous vote of 21-0.
INFORMAL MEETINGS
June 23, 2004--Informal Meeting: ``To Review and Make
Recommendations on Proposed Legislation Implementing
the U.S.-Australia Free Trade Agreement.'' Considered
the draft implementing legislation and draft statements
of administrative action that were submitted by the
Administration pursuant to the cooperative procedures
provided in the Trade Act of 2002 for the approval of
trade agreements.
July 15, 2004--Informal Meeting: ``To Review and Make
Recommendations on Proposed Legislation Implementing
the U.S.-Morocco Free Trade Agreement.'' Considered the
draft implementing legislation and draft statements of
administrative action that were submitted by the
Administration pursuant to the cooperative procedures
provided in the Trade Act of 2002 for the approval of
trade agreements.
HEALTH
SUMMARY OF ACTIVITIES
During the 108th Congress, the Committee under the
Chairmanship of Senator Grassley finished work begun in the
107th Congress by approving the most sweeping improvements to
Medicare since the program's inception nearly 40 years ago. The
historic Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (MMA) (P.L. 108-173), which President
Bush signed into law on December 8, 2003, expanded the types of
coverage choices available to beneficiaries through the
Medicare Advantage program and added the first ever voluntary
prescription drug benefit under Medicare Part D that begins in
2006. The law created the Medicare-Approved Drug Discount Card
Program to provide beneficiaries with immediate assistance in
2004 and 2005 to purchase their much needed prescriptions and
added important new preventive benefits that will improve
beneficiaries' quality of life.
The new law also strengthened the rural health care safety
net with the largest package of rural payment improvements in
the history of the program. Over a 10-year period, rural health
care providers, including physicians, hospitals, home health
agencies, renal dialysis facilities, and ambulance services,
will receive approximately $25 billion in additional Medicare
payments. These additional payments will help address long-
standing equity issues and will ensure that beneficiaries
across the nation have good access to quality care that they
need and deserve.
Under the Medicare Advantage program, beneficiaries will be
able to receive their Medicare benefits through a health plan
that can them offer better coordinated care, an important
feature especially for the millions of beneficiaries who live
with a chronic illness and receive care from multiple
providers. The MMA recognizes, however, that some beneficiaries
prefer traditional fee-for-service Medicare and this
legislation took significant steps to strengthen and revitalize
this program.
The Medicare Part D benefit provides voluntary drug
coverage for all beneficiaries. The benefit provides targeted
assistance to low income beneficiaries and those with high drug
costs. Low income beneficiaries will receive coverage of 75-98
percent of their prescription drug costs with no premium or a
low monthly premium. All other beneficiaries will have the
option of enrolling in the Medicare Part D prescription drug
benefit for a monthly premium of about $35 a month. Under the
standard benefit package, after paying a $250 deductible,
beneficiaries would have 75 percent of their medicine bills
covered up to drug spending of $2,250. The benefit also
protects beneficiaries from high annual drug costs by providing
95 percent coverage of prescription costs for those who have
out of pocket costs in a year of $3,600 or more.
During the first session of the 108th Congress, the
Committee developed the structure of the prescription drug
benefit, private plan participation in the Medicare program and
other improvements to the overall Medicare program. The
Committee's work during the second session focused on the MMA's
implementation. Specifically, the Committee held hearings on
the administration of the Medicare-Approved Drug Discount Card
program by the Centers for Medicare and Medicaid Services (CMS)
and the proposed rules developed by CMS to implement the
Medicare Advantage program and the voluntary Part D Medicare
prescription drug benefit.
In addition to its work on Medicare, the Committee also
focused on the reauthorization and reform of the welfare
program. The Committee held hearings and members' meetings on
the need for improvements to the existing welfare system.
FULL COMMITTEE HEARINGS AND MEETINGS
2003
Feb. 27, 2003--Hearing: ``Hearing on the Administration's
Medicare and Medicaid Priorities.'' This hearing
focused on the Administration's plans to strengthen and
improve Medicare, and to make the Medicaid program more
flexible. Tommy Thompson, Secretary for the Department
of Health and Human Services was the sole witness.
Mar. 12, 2003--Hearing: ``Welfare Reform: Building on
Success.'' The purpose of the hearing was to determine
what welfare reform policies have been successful in
the past and areas in which the next phase of reform
needed to be focused. Witnesses included: Tommy
Thompson, Secretary for the Department of Health and
Human Services, Howard Hendrick, Director of the
Department of Health and Human Services for the State
of Oklahoma, Marilyn Ray Smith, Deputy Commissioner and
IV-D Director, Child Support and Enforcement Division
for the Massachusetts Department of Revenue, Larry
Temple from the Texas Workforce Commission and Margy
Waller, Visiting Fellow, The Brookings Institution.
Apr. 3, 2003--Hearing: ``Purchasing Health Care Services in a
Competitive Environment.'' This hearing focused on the
issues and concepts associated with competitive bidding
structures employed by large health care purchasers.
The witness list included: Abby L. Block, Senior
Advisor for Employee and Family Policy, Office of
Personnel Management, Tom Carrato, Deputy Assistant
Secretary of Defense for Health Plan Administration and
Chief Operating Officer for the TRICARE Management
Activity, Department of Defense, Bruce Bradley,
Director of Health Plans Strategy and Public Policy,
General Motors, and Lois Quam, CEO, Ovations, United
Health Group Company.
June 6, 2003--Hearing: ``Strengthening and Improving the
Medicare Program.'' The purpose of the hearing was to
explore various policy options to strengthen and
improve the Medicare program. Witnesses included: Tom
Scully, Administrator of the Centers for Medicare and
Medicaid Services, Mr. Walton Francis, an author and
independent consultant, and Ms. Marilyn Moon from the
Urban Institute.
2004
Feb. 4, 2004--Hearing: ``Administration's Health and Human
Services Budget Priorities.'' The focus of the hearing
was to discuss the Administration's health and welfare
budget priorities for fiscal year 2005. Tommy Thompson,
Secretary for the Department of Health and Human
Services was the only witness.
Apr. 7, 2004--Hearing: ``Strategies to Improve Access to
Medicaid Home and Community Based Services.'' The
purpose of the hearing was to review proposals to
improve access to Medicaid Home and Community Based
Services such as President Bush's New Freedom
Initiative and the Medicaid Community-Based Attendant
Services and Supports Act of 2003, also known as the
MiCASSA (ME-Casa) bill. The witness list included:
Senator Tom Harkin (D-IA), Dennis Smith, Director of
the Center for Medicaid and State Operations,
Department of Health and Human Services, The Honorable
Carol Novak, Member, National Council on Disability,
Ray Gerke, Member, Olmstead Real Choices Consumer Task
Force, Bruce Darling, Executive Director, Center for
Disability Rights, Jan Moss, Mother of two adult
children with developmental disabilities, and Di
Findley, Executive Director, Iowa Caregivers
Association.
June 8, 2004--Hearing: ``Medicare Drug Discount Card:
Delivering Savings for Participating Beneficiaries.''
This hearing focused on the implementation of the drug
discount program which was part of the Medicare
Modernization Act signed in law on December 8, 2003.
Witnesses included: Mark B. McClellan, M.D., Ph.D.,
Administrator, Centers for Medicare and Medicaid
Services, Kris Gross, Director, Iowa Senior Health
Insurance Information Program (SHIIP), Mark Merritt,
President, Pharmaceutical Care Management Association,
James B. Firman, Chair, Access to Benefits Coalition
and President and CEO National Council on the Aging,
Robert Hayes, President and General Counsel, Medicare
Rights Center, and Tom Snedden, Director Pennsylvania's
Pharmaceutical Assistance Contract for the Elderly.
Sept. 14, 2004--Hearing: ``Implementing the Medicare
Prescription Drug Benefit and Medicare Advantage
Program: Perspectives on the Proposed Rules.'' The
purpose of the hearing was to provide an opportunity
for the Centers for Medicare and Medicaid Services to
discuss key aspects of the proposed rules to implement
Title I (Medicare Prescription Drug Benefit) and Title
II (Medicare Advantage Program) of the Medicare
Modernization Act of 2003 (MMA). Additionally, it was
an opportunity for various stakeholders to offer their
perspective on the Agency's proposed approaches to
implement MMA provisions related to Prescription Drug
Plan (PDP) and Medicare Advantage (MA) region size,
formularies, and the the retiree drug subsidy, among
others. The witness list included: Mark B. McClellan,
M.D., Ph.D., Administrator, Centers for Medicare and
Medicaid Services, Karen Ignagni, President & CEO,
America's Health Insurance Plans, Mark Merritt,
President & CEO, Pharmaceutical Care Management
Association, Michael J. Fitzpatrick, M.S.W., Executive
Director, National Alliance for the Mentally Ill,
Gerald Shea, Assistant to the President for Government
Affairs, AFLCIO, and Larry Burton, Executive Director,
President, Business Roundtable.
FULL COMMITTEE FIELD HEARINGS
Feb. 20, 2003--Field Hearing in Des Moines, Iowa, ``Welfare
Reform: Past Successes, New Challenges.'' The purpose
of the hearing was to review the provisions of the 1996
welfare reform bill which are working in Iowa and to
identify areas in need of strengthening and
improvement. Witnesses included: Ms. Donna Littrel, an
Insurance Policy Specialist at Aegon Insurance, Ms. Deb
Bingaman, Administration of Financial, Health and Work
Supports at the Iowa Department of Human Services; Ms.
Linda Anderson, a Human Resources Recruiter from Mercy
Hospital, Representative Dave Heaton from the Iowa
State Legislature; Ms. Sonja Marquez from Boost 4
Families and Ron Haskins, former White House policy
lead on welfare reform.
Apr. 14, 2003--Hearing: ``A Fair Deal for Rural America: Fixing
Medicare Reimbursement.'' The focus of the field
hearing was to better understand how and why Medicare
underpaid health care providers in rural America and
how to better understand what the Senate Finance
Committee could do about it. The witness list included:
Ms. Gail Wilensky, John M. Olin Senior Fellow and Co-
Chair of the President's Task Force to Improve Health
Care Delivery for Our Nation's Veterans, Project Hope,
Ms. Nancy Ann DeParle, Senior Advisor, Commissioner,
Medicare Payment Advisory Commission, Mr. David
Holcomb, President and Chief Executive Officer, Jennie
Edmundson Hospital, Mr. Michael Kitchell, McFarland
Clinic PC, Mr. John D. Forsyth, Chairman and Chief
Executive Officer, Wellmark, Inc., and Mr. Mike Early,
President and Chief Executive Officer, Bankers Trust
Company.
FULL COMMITTEE EXECUTIVE MEETINGS
2003
June 12, 2003--Executive Session: S. 1, the Prescription Drug
and Medicare Improvement Act of 2003, was introduced on
June 11, 2003. The measure gained bipartisan support
both in the Senate Finance Committee, which approved
S.1 with an amendment in the nature of a substitute by
a vote of 16-5 and the full Senate, which adopted the
measure as amended by a vote of 76-21. The Senate
incorporated S. 1 into H.R. 1, the Medicare
Prescription Drug Improvement and Modernization Act
(MMA) and subsequently approved the House companion
measure, H.R. 1 by unanimous consent. President Bush
signed the MMA into law on December 8, 2003. In brief,
the historic MMA added a voluntary prescription drug
benefit to Medicare and made several other significant
improvements to the program including new coverage
choices and preventive benefits. In addition, the MMA
took substantial steps toward reducing provider payment
inequities that have adversely affected beneficiaries'
access to care in certain parts of the country.
June 24, 2003--Executive Session: The Committee favorably
reported S. 312, the Availability of SCHIP Allotments
for Fiscal Years 1998-2001. On June 26, 2003 the full
Senate agreed to this legislation by unanimous consent.
This legislation included provisions to extend the
availability of allotments for fiscal years 1998
through 2001 under the State Children's Health
Insurance Program.
September 10, 2003--Executive Session: The full Senate passed
S. 622, the Family Opportunity Act of 2004, on May 6,
2004. This legislation included provisions to provide
families of disabled children with the opportunity to
purchase coverage under the Medicaid program for such
children. Additionally, this legislation covers many
services that these children need on a regular basis,
such as physical therapy and medical equipment. Finally
this Act takes significant steps to removing barriers
to work for families of disabled children by improving
access to appropriate health care for their special
needs child.
September 10, 2003--Executive Session: The Personal
Responsibility and Individual Development for Everyone
(PRIDE) Act was reported favorably on September 10,
2003 and submitted to the full Senate with an amendment
in the nature of a substitute on October 10, 2003. This
legislation included provisions to reauthorize and
improve the program of block grants to States for
temporary assistance for needy families by
strengthening work, improving State flexibility and
promoting marriage and family as well improve access to
quality child care. This legislation was considered by
the Senate during the week of March 29, 2004. On April
1, 2004 a motion to invoke cloture was not invoked on
the committee substitute.
2004
September 15, 2004--Executive Session: The Committee reported
S. 333, the John Breaux Elder Justice Act, to the full
Senate on September 8, 2004. Provisions included in
this legislation would have created an office of Adult
Protective Services in the Administration for Children
and Family Services (ACF) in the Department of Health
and Human Services (DHHS). This office would have also
provided funding authorized in the bill to State
offices of adult protective services; collected and
disseminated data on elder abuse in conjunction with
the Bureau of Justice Statistics; developed and
disseminated best practices; conducted research related
to provision of adult protective services; and provided
technical assistance to states.
SOCIAL SECURITY
SUMMARY OF ACTIVITIES
During the 108th Congress, the Committee completed action
on legislation to provide the Social Security Administration
with important new tools to fight waste, fraud, and abuse in
the Social Security and Supplemental Security Income programs,
increase the ability of disability beneficiaries to return to
work, and improve the equity and efficiency of both programs.
The Committee also held a hearing on the status of the Social
Security trust funds.
FULL COMMITTEE HEARINGS AND MEETINGS
Apr. 9, 2003--Hearing: ``The 2003 Annual Report of the Board of
Trustees of the Federal Old Age and Survivors Insurance
and Disability Insurance Trust Funds''. This hearing
featured the testimony of Stephen C. Goss, Chief
Actuary of the Social Security Administration. The
testimony focused on the latest actuarial projections
related to the status of the Social Security trust
funds. The testimony also highlighted the introduction
of a new calculation that measures Social Security's
unfunded obligation extended to the infinite horizon.
SUBCOMMITTEE ON SOCIAL SECURITY
AND FAMILY POLICY
May 5, 2004--Hearing: ``The Benefits of a Healthy Marriage.''
The purpose of the hearing was to hear from
practitioners and participants ``on the ground'' who
were running and utilizing healthy marriage and
fatherhood programs as well as to hear from academics
on the research supporting the benefits both
economically and overall of healthy marriages for
children. Witnesses included: Ms. Julie Baumgardner,
Executive Director, First Things First, Chattanooga,
TN, Mr. Dwayne Grimes, Center for Fathers, Families,
and Workforce Development Program Participants, Mr.
Dominick Walker, Center for Fathers, Families, and
Workforce Development Program Participants, Mr. Joseph
T. Jones, Founder, Center for Fathers, Families, and
Workforce Development, Dr. Kathryn Edin, Associate
Professor, Department of Sociology, Northwestern
University, Dr. Ron Haskins, Senior Fellow of Economic
Studies, The Brookings Institution, Ms. Theodora Ooms,
Senior Policy Analyst, The Center for Law and Social
Policy, and Dr. Scott Stanley, Co-Director, Center for
Marital and Family Studies and Adjunct Professor,
Department of Psychology, University of Denver.
FULL COMMITTEE EXECUTIVE MEETINGS
September 17, 2003--Executive Session: H.R. 743, the Social
Security Protection Act of 2003 was reported favorably
by the Committee. It passed the Senate by unanimous
consent on December 9, 2003. This legislation provides
the Social Security Administration with important new
tools to fight waste, fraud, and abuse in the Social
Security and Supplemental Security Income programs,
increase the ability of disability beneficiaries to
return to work, and improve the equity and efficiency
of both programs.
Specifically, the bill would impose stricter standards on
individuals and organizations that serve as Representative
Payees for Social Security and SSI recipients. The bill would
enhance provisions of the Ticket to Work program to help
individuals with disabilities return to employment. The bill
would also encourage more employers to hire individuals with
disabilities by expanding eligibility for the Work Opportunity
Tax Credit.
The bill would improve representation for claimants of
disability benefits in the Social Security and SSI programs.
The bill would expand and improve important provisions in the
current SSI program that deny benefits to fugitive felons and
allow SSA to cooperate with law enforcement in order to
apprehend these and other felons. The bill also closed the
``last day'' loophole in the application of the Government
Pension Offset, as recommended by the Government Accountability
Office.
The bill would give SSA more flexibility to recover
overpayments in one program from underpayments made in another
program. The bill would also require non-citizens to have work
authorization at the time of application for benefits, or to
have had work authorization at some point in the past, in order
to be eligible to receive Social Security benefits. The bill
would also help protect Social Security employees from harm
while conducting their duties.
The bill would improve benefits and simplify administration
of the SSI program. Finally, the bill would correct, clarify,
or modify various technical aspects of current law in the
Social Security, SSI, and Railroad Retirement programs.
Strong support for similar legislation (H.R. 4070) in the
107th Congress, led to the introduction of H.R. 743, the
``Social Security Protection Act of 2003'' in the 108th
Congress. On March 5, the House of Representatives considered
H.R. 743, as amended, under suspension of the rules; it failed
by a vote of 249-180 (a two-thirds vote being required). On
March 13, 2003, the Committee on Ways and Means ordered
favorably reported H.R. 743, the ``Social Security Protection
Act of 2003,'' as amended, by a vote of 35-2. The House of
Representatives passed H.R. 743 on April 2, 2003, by a vote of
396-28.
The Senate Committee on Finance marked up H.R. 743 and
approved the bill, as modified, on September 17, 2003. H.R. 743
passed the Senate by unanimous consent on December 9, 2003. It
passed the House of Representatives on February 11, 2004 by a
vote of 402 to 19. It was signed into law (P.L. 108-203) on
March 2, 2004.
SUMMARY OF OVERSIGHT ACTIVITIES
One of the important responsibilities the Constitution
granted to the Congress is to conduct oversight of Executive
Branch operations. During the 108th Congress, the Committee
investigated and conducted oversight hearings and activities
over many important and timely issues facing the nation.
Oversight is critically important in helping to make government
more transparent, more accountable, and more effective for the
taxpayers, program participants, and beneficiaries. Taxpayers
deserve transparency because they finance the government.
Government truly is the people's business, and the people have
a right to know what their government is doing and how it
spends their money.
One of the best means for achieving transparency in
operations is through consistent congressional oversight, in
conjunction with an aggressive and curious media, and the
vigilance of the public and brave whistleblowers who speak up
about the problems and abuses they see. Transparency also helps
to ensure a high degree of ethics, morality and honesty. As
former Supreme Court Justice Louis D. Brandeis once said,
``Sunshine is the best disinfectant.''
During the 108th Congress, some thirteen oversight hearings
were conducted by the Finance Committee. In addition, Committee
staff kept busy with a substantial number of other important
oversight and investigation activities. The thirteen oversight
hearings by the Committee include several health care-related
hearings, such as patient abuse in nursing homes, bogus health
insurance policies, fraudulent power wheelchair schemes, and
FDA delays in notifying the public of the increased risks of
heart attacks associated with the use of Vioxx; assessing lax
border security and the use of counterfeit identity documents;
financing terrorism; reviewing Enron's executive compensation
abuses; exposing abusive tax shelters and charitable donation
scams; and reforming the conditions in Indian jails.
Three separate hearings focused on post-September 11, anti-
terrorism issues. The first of these hearings examined border
security and the effectiveness of the Interior Department, the
Immigration and Naturalization Service, and the Customs Service
in policing and protecting our borders and curtailing the
illegal transport of money, counterfeit funds and other items
of commerce that could be used to finance terrorism. A second
hearing also examined the ease by which terrorists can obtain
and use bogus identity documents--such as Social security cards
and driver's licenses--to assimilate into American culture and
thereby continue to bypass screening mechanisms some two years
after the September 11 attacks. A third oversight and
nominations hearing looked at the Committee's concerns about
terrorism financing and what the government can do to stop it.
The Committee held a series of four oversight hearings
focusing on health-related issues. The first of these looked at
neglectful and abusive practices found in some nursing homes
receiving Medicare and Medicaid funding, which resulted in
needless suffering and deaths by some of the patients being
housed there. A second Committee hearing studied the adverse
impact on individuals and employees of small businesses who
suddenly discover that what they had thought was a legitimate
health insurance plan is, in fact, fake insurance that will not
cover their costly claims, possibly leaving them with huge
medical bills and no insurance. A third health care-related
hearing examined the rapidly growing problem of costly and
bogus claims for the reimbursement by Medicare for unneeded
power wheelchairs or for wheelchairs that were never provided
to so-called ``beneficiaries.'' A fourth hearing examined the
FDA's regulatory role relating to the worldwide withdrawal of
Vioxx.
FULL COMMITTEE HEARINGS AND MEETINGS
Jan. 30, 2003--Hearing: ``U.S. Borders: Safe or Sieve?'' This
hearing examined the extent to which the responsible
government agencies are doing their best to secure the
nation's borders. Prior to the attacks on September 11,
2001, terrorists had exploited loopholes in the U.S.
immigration system and lax security at our ports of
entry. Fraudulent IDs are all-too-easy to obtain, and
all-too-often unnecessary in order to gain admittance
into this country. The focus of this hearing was to
assess the vulnerabilities at our borders and to
explore ways to strengthen them and thereby better
protect the nation and its citizens from terrorist
threats. Witnesses included the Government
Accountability Office, the Immigration and
Naturalization Service, the Border Security and
Facilitation Customs Service, and the Department of the
Interior.
July 17, 2003--Hearing: ``Nursing Home Quality Revisited: The
Good, the Bad and the Ugly.'' The purpose of this
follow-up hearing was to examine what is being done to
protect the frail, elderly and vulnerable who live in
nursing homes all across the country. Many nursing
homes are doing a very good job in caring for their
patients' daily needs, while a minority of homes fail
to provide quality care, resulting in patient neglect
and abuse that often leads to needless deaths from such
substandard care. Unfortunately, the gap in the quality
of care that is being provided in some of these homes
can be enormous, so nursing home customers and their
families need to be educated about these great
differences and vigilant about the operations and
practices they find within the nursing home community.
Witnesses testifying at the hearing included Government
Accountability Office, and the Department of Health and
Human Services, among others.
Sept. 9, 2003--Hearing: ``The Alias Among Us: The Homeland
Security and Terrorism Threat from Document Fraud,
Identity Theft and Social Security Number Misuse.''
This hearing focused on the ease some two years after
the September 11 attacks to obtain fraudulent identity
documents, including Social Security cards and drivers
licenses that can enable terrorists to assimilate
easily into American life as part of sleeper cells.
With these basic documents, they can open bank
accounts, buy guns, get credit cards, take flight
lessons, and board airplanes. Witnesses testifying at
this hearing included officials from the Department of
Homeland Security, Social Security Administration,
Federal Bureau of Investigation, Government
Accountability Office, and the American Association of
Motor Vehicle Administrators.
Mar. 3, 2004--Hearing: ``Health Insurance Challenges: Buyer
Beware.'' This hearing examined the problem of
unauthorized and bogus health insurance plans that
purportedly offer health insurance to small businesses
and other individuals seeking affordable health care
coverage for themselves or their employees. The
Government Accountability Office issued a report that
documented a mushrooming growth in bogus health care
plans and discussed measures being taken to address the
problem. While many of these plans can appear on the
surface to be legitimate, regulated insurance
companies, they are in fact shell companies that
operate Ponzi schemes by accepting premium payments for
a time, while delaying most benefit payments until they
fold their operations, change their names, and move to
another state, leaving individuals with staggering
medical bills, no health insurance, and possibly pre-
existing conditions that may render them no longer
insurable by legitimate companies. Witnesses included
the Government Accountability Office, the Department of
Labor, the Texas Department of Insurance, and other
experts in the field.
Apr. 28, 2004--Hearing: ``Taking the Taxpayers for a Ride:
Fraud and Abuse in the Power Wheelchair Program.'' This
oversight hearing focused on the growing and widespread
problem of fraud and abuse within the nearly billion
dollar reimbursement program for power wheelchairs for
Medicare beneficiaries. Over the preceding four years,
the growth in expenditures for power wheelchairs grew
by more than 450 percent. Criminal and undercover
investigations and studies conducted by the Government
Accountability Office, the Office of Inspector General
at the Department of Health and Human Services, and the
Federal Bureau of Investigations disclosed weak program
management and oversight by the Centers for Medicare
and Medicaid Services; as well as extensive fraud,
program abuse, and overly-aggressive marketing
practices by some durable medical equipment suppliers
and cooperating health care professionals operating in
several areas of the country. Witnesses included
representatives from the Government Accountability
Office, the Department of Health and Human Services,
representatives from professional organizations and
industry, and an individual convicted of fraudulently
billing Medicare for hundreds of power wheelchairs that
were never actually provided to bogus claimants.
Nov. 18, 2004--Hearing: ``FDA, Merck, and Vioxx: Putting
Patient Safety First?'' The focus of this hearing was
to examine whether the Food and Drug Administration
(FDA) had made fundamental mistakes in managing public
health risks associated with Vioxx, a pain medication
for arthritis. Merck, the manufacturer, withdrew Vioxx
on September 30, 2004, over scientific concerns that it
dramatically increased the risk for heart attack and
stroke. Senator Grassley convened the hearing because
the Medicaid program paid in excess of $1 billion per
year for Vioxx and on account of his concern that the
American public had been kept in the dark by the FDA
and Merck about the risks associated with taking this
drug, despite earlier red flags.
OTHER OVERSIGHT AND INVESTIGATION INITIATIVES
USPS Oversight--Inspector General Carla Corcoran
Amid allegations of waste and mismanagement by the Office
of Inspector General at the United States Postal Service
(USPS), the USPS Inspector General, Carla Corcoran resigned.
Among the complaints to surface were numerous allegations about
her poor management of her office, cronyism, improper personnel
practices, and wasteful spending. At the request of Chairman
Grassley, an investigation was conducted by the President's
Council on Integrity and Efficiency, an interagency group that
represents the Inspector General community. The Chairman
requested the probe following complaints from whistleblowers
made to the Committee. Allegations against the Inspector
General included changing audit reports to show that the Postal
Service was intentionally engaging in wrongdoing, wasting money
and resources (including almost $1 million on a week-long
conference) while the Postal Service was downsizing and
canceling organizational meetings, and verbally abusing and
humiliating subordinates in front of their peers and
subordinates.
HHS Oversight--Inspector General Janet Rehnquist
Following concerns raised by Chairman Grassley and Ranking
Member Baucus and other Members of Congress about the
management of the Office of Inspector General (OIG) at the U.S.
Department of Health and Human Services (HHS), Janet Rehnquist,
the HHS Inspector General, resigned her position. Her
resignation followed critical reports prepared by the
Government Accountability Office (GAO) and the President's
Council on Integrity and Efficiency (PCIE), an interagency
group representing the Inspector General community that has
been granted responsibility to conduct integrity investigations
involving OIG officials. The GAO report had been requested by
Chairman Grassley, Ranking Minority Member Baucus and Senator
Breaux of the Special Committee on Aging. GAO found that the
Inspector General had exhibited serious lapses in judgment that
were troubling to her staff and had taken measures that
fostered an atmosphere of anxiety and distrust. The PCIE report
focused on specific allegations that the Inspector General had
improperly requested and/or received a firearm and Supervisory
Special Agent law enforcement credentials, which she was not
entitled to carry. Ultimately, the collective effect of the
results of these two investigations and reports compromised her
ability to serve as an effective leader of HHS's Office of
Inspector General, leading to her resignation.
OSC Oversight--Backlog of Whistleblower Cases
Chairman Grassley sent a letter to William Reukauf, Acting
Special Counsel at the Office of Special Counsel (OSC),
concerning press accounts about the growing backlog of OSC
investigations into allegations by whistleblowers of
retaliation against them, and requesting a full briefing of the
Committee's oversight and investigations by OSC. In his letter
to OSC, Chairman Grassley characterized whistleblowers as being
a ``national asset.'' However, government secrecy since
September 11 has restricted information for security reasons,
which also could easily stop the legitimate disclosure of
wrongdoing and mismanagement, especially about public safety
and security, particularly given bureaucracies' instinct to
cover up their misdeeds and mistakes. Whistleblowers serve as a
check against this instinct and temptation, and whistleblowing
is crucial to the protection of the national security. The
following month, the Chairman sent a second letter to OSC
requesting an action plan as to how it will reduce its backlog
of cases. The Committee is continuing to monitor that progress.
CMS Fraud--Tenet Healthcare Corporation
The Chairman wrote to the Acting Chief Executive Officer
and President of Tenet Healthcare Corporation (Tenet), Trevor
Fetter, about allegations of unnecessary heart operations and
procedures and demanding the production of extensive Tenet
documents. The letter referred to numerous lawsuits involving
Tenet that related to overcharging Medicare patients,
submitting many thousands of false claims for more than $100
million in wrongfully upcoded Medicare bills, and unnecessary
surgeries (including angioplasties, coronary bypasses, and
heart catheterizations) at Tenet's Redding Medical Center,
potentially resulting in patients' deaths.
Chairman Grassley also wrote letters to Edward Kangas,
Chairman of Tenet Healthcare Corporation expressing his concern
that Tenet might not be conducting the reforms necessary to
ensure the proper use of taxpayer dollars and the appropriate
treatment of Medicare beneficiaries. He also urged Tenet to
comply fully with his prior document request, questioning its
decision not to provide the Committee with the results of an
independent study of the Redding Medical Center conducted by
Mercer Human Resources Consulting, Inc. Senator Grassley's
letters questioned management changes taken by Tenet that still
did not seem to significantly and substantially affect the
structural problems that led to hundreds of lawsuits and
numerous investigations into alleged patient deaths and
complications due to unnecessary surgeries.
Chairman Grassley also sent a letter and a subpoena to Blue
Cross of California, asking for its data suggesting that
doctors at two Tenet hospitals (Redding and Modesto,
California) had performed unnecessary surgeries.
The Chairman also asked the Inspector General at the
Department of Health and Human Services to investigate whether
the Federal health care programs may have paid for unnecessary
surgeries performed by Tenet Healthcare at its Modesto
hospital. The Chairman also wrote to Tenet Healthcare
Corporation directing it to describe the actions it has taken
to notify all patients who have received medically unnecessary
surgeries or procedures from Tenet. At this time, Tenet is
being investigated by the Department of Justice, and the
Committee's investigation is ongoing.
CMS Quality of Care--Nursing Home Fires
Chairman Grassley and Majority Leader Frist wrote to Thomas
Scully, Administrator of the Centers for Medicare & Medicaid
Services (CMS), raising questions about whether existing
nursing home fire safety standards are adequate. This concern
followed a nursing home fire two weeks earlier in Nashville
that resulted in the deaths of 14 patients. The letter asked
CMS to assist the Committee in evaluating how well existing
nursing home fire regulations are working. The Committee also
asked the Government Accountability Office (GAO) to look at
Federal fire regulations for nursing homes. Specifically,
Chairman Grassley asked GAO to: examine why all nursing homes
are not required to have fire sprinklers installed, review the
adequacy of Federal fire safety standards for unsprinklered
homes, and examine Federal and State oversight of nursing home
fire safety.
The GAO conducted its review by examining two serious 2003
nursing home fires in Nashville, Tennessee and Hartford,
Connecticut that together took 31 lives. Its report, entitled
Nursing Home Fire Safety: Recent Fires Highlight Weaknesses in
Federal Standards and Oversight (GAO-04-660), described fire
safety problems that exist in many nursing homes throughout the
country. The GAO noted that some 3,000 nursing home fires occur
every year in the United States. Although relatively few of
these fires result in multiple deaths, the consequences to the
nursing home patients can be catastrophic, because many of the
residents are physically or mentally challenged, confused, or
bed-ridden. Evacuating residents in the event of a fire can be
incredibly difficult, labor intensive, and time consuming.
Recognizing these problems, nursing homes are usually designed
and constructed with a view to ``defend in place,'' whereby
their design and construction is supposed to include fireproof
or fire-retardant materials, the integration of effective smoke
and fire barriers, and automatic warning and fire suppression
systems.
While modern building codes tend to reflect current
technology that can fully support the ``defend in place''
strategy, many nursing homes were built prior to 1971, when
substantial Federal nursing home fire safety standards were
initially adopted. Consequently, many older homes have been
``grandfathered'' in and may be placing their residents at a
greater risk. GAO found that the Centers for Medicare and
Medicaid Services (CMS) can further compromise nursing home
safety by granting waivers to homes that do not meet Federal
fire-safety standards. The GAO reported that waivers had been
granted for many years to some facilities, despite the fact
that the homes did not have the required compensating fire
detection and containment features.
CMS has recently taken some significant steps to address
some of the problems, including committing to requiring smoke
detectors, better review of the waiver process, and better data
collection from the states. The Committee will monitor CMS'
progress in this regard.
HHS Fraud--Document Destruction
Chairman Grassley wrote to Secretary Tommy Thompson,
Department of Health and Human Services (HHS), objecting to a
government proposal that would potentially increase the
difficulty of qui tam relators under False Claims Act cases by
allowing drug manufacturers to destroy billing records after
three years. Chairman Grassley argued that such a short time
frame would severely limit the ability to make a case because
documents, including pricing data and other information, would
no longer be available. Chairman Grassley said that while it
may be appropriate to set a definite period of time for record-
keeping requirements, three years is too short of a time frame
because False Claims Act cases are filed under seal, therefore
drug manufacturers are not necessarily on notice to suspend the
destruction of documents. According to CMS, approximately 550
pharmaceutical companies participate in the Medicaid drug
rebate program. Enforcement of the False Claims Act and its
whistleblower provisions has returned more than $10 billion to
the U.S. Treasury since 1986. Chairman Grassley also referred
his concerns to the Justice Department and to the HHS Inspector
General. As a result of the Chairman's action, the document
retention period was extended from three years to 10 years.
CMS Quality of Care--End Stage Renal Dialysis
Senator Grassley wrote to Health and Human Services
Secretary Tommy Thompson and Thomas Scully, Administrator of
the Centers for Medicare and Medicaid Services (CMS), about
poor patient care at a substantial number of dialysis
facilities and the government's lapses in providing sufficient
oversight. At the Chairman's request, the Government
Accountability Office issued a report finding improper staff
training, inadequate supervision, and sloppy care of patients
who are afraid to complain because they fear retaliation or of
being ``dumped'' from their local dialysis treatment center and
then being forced to travel long distances for their
constantly-needed dialysis treatments. CMS has prepared revised
Conditions of Participation and currently is awaiting their
clearance by the Office of Management and Budget. The Committee
will continue to monitor improvements at CMS.
HHS Oversight--Improper Medical Payments
Chairman Grassley wrote to the Inspector General at the
Department of Health and Human Services (HHS) seeking valid
statistics about the level of improper Medicare payments being
made by the government. Specifically, Senator Grassley
challenged the government's decision to change the methodology
it uses to determine the improper payment rate, thereby nearly
cutting in half the statistically valid, but much higher rate
that it had previously been using. In March 2004, the HHS
Office of Inspector General confirmed that HHS had corrected
its earlier methodology.
SSA Fraud--Disability Program
Chairman Grassley and Ranking Member Baucus won Senate
approval of bipartisan legislation to rein in several sources
of fraud, waste, and abuse of Social Security programs.
Specifically, the Chairman and Ranking Member targeted fugitive
felons who work the system to get Social Security benefits
while fleeing from justice, as well as financial guardians of
the disabled who make off with the payments of those in their
care. The Social Security Protection Act of 2003, promoted by
the Chairman and signed into Public Law 108-203, gives the
Social Security Administration important new tools to fight
waste, fraud and abuse, including making fugitive felons
ineligible to receive benefits under the Old Age, Survivors and
Disability Insurance program. The bill provided funds for the
Social Security Administration to conduct a survey that would
for the first time produce statistically significant measures
of the degree to which benefit payments managed by
representative payees are not being used for the welfare of
beneficiaries. The bill also closed the ``last day'' loophole
in the application of the Government Pension Offset, as
recommended by the Government Accountability Office.
HHS Oversight--Use of Medicaid Consultants
Chairman Grassley wrote to the Department of Health and
Human Services (HHS) and the Government Accountability Office
(GAO) asking for an explanation about consulting firms that
charge states to help states increase their Medicaid
reimbursements. Senator Grassley sought details about the size
and scope of the problem nationwide, and information about
whether consultants play a legitimate role in State budgeting
or make the financial situation worse for all taxpayers by
consuming money meant to help each state's poorest residents.
The Senator raised concerns that states may, in fact, be
encouraged by their consultants to increase their Medicaid
claims, since the consultants are reimbursed on a contingency
fee basis and, therefore, may be tempted to inflate Medicaid
claims. GAO is in the process of conducting a review requested
by Chairman Grassley.
CMS-Fraud-Durable Medical Equipment (Power Wheelchairs)
Chairman Grassley wrote to the Centers for Medicare and
Medicaid Services (CMS) inquiring about whether CMS has struck
the proper balance between policing potential fraud and
preserving beneficiaries' access to medically necessary power
wheelchairs. Senator Grassley asked CMS to explain how it
developed its criteria and procedures for determining
eligibility of individuals for power wheelchairs. He wanted to
ensure that any individuals who qualify for a Medicare-financed
motorized wheelchair should receive one. In January, Senator
Grassley had asked the Government Accountability Office to
analyze whether the Medicare reimbursement rules for motorized
wheelchairs were too loose, enabling some providers to exploit
the rules and over-bill or defraud Medicare. The Committee
intends to continue to monitor CMS and its payments for
motorized wheelchairs.
FDA Oversight--Antidepressants in Children
Chairman Grassley initiated an investigation into the Food
and Drug Administration (FDA) concerning the effect of
antidepressants on children and their possible link to suicide.
Subsequently, Chairman Grassley wrote to Tommy Thompson, the
Secretary of Health and Human Services to ask about the FDA's
decision not to make public the scientific report that
eventually led to the issuance of a public health advisory
about anti-depressants and a possible link to suicide among
children and adolescents. In particular, the Chairman wrote
that he was troubled by the allegations that the FDA was not
forthcoming about the dangers associated with the use of
antidepressants in children and adolescents, and that Dr.
Andrew Mosholder, an FDA scientist, had been barred from
publicly presenting his report findings about these dangers.
Furthermore, the Chairman also said he was troubled that the
FDA's Office of Internal Affairs had reportedly initiated an
investigation into uncovering who had provided information to
the press about Dr. Mosholder's findings.
Six weeks later, Chairman Grassley wrote to Secretary
Thompson and Acting Food and Drug Commissioner Lester Crawford
to inquire about an FDA contract with Columbia University to
study the risk to children of antidepressants. In his letter,
Senator Grassley voiced his concern that the Food and Drug
Administration was attempting (through the outside evaluation
underway by Columbia University) to undermine the findings of
the scientist who had identified the possible link between
child suicide and antidepressants. Chairman Grassley also
questioned Secretary Thompson and Acting FDA Commissioner
Crawford about the FDA's handling of information related to
antidepressants and suicide, and asked a series of additional
questions about possible efforts by FDA to withhold information
from the public. Senator Grassley also described new concerns
about the relationship between the Office of New Drugs and the
Office of Drug Safety within the Food and Drug Administration.
In addition, Chairman Grassley sent letters to eight major
drug makers asking them about the information they had provided
to the FDA with regard to the anti-depressants they
manufactured and the rate of suicide among young people taking
those medications. The manufacturers included Pfizer, Inc.,
Wyeth Pharmaceuticals, GlaxoSmithKline, Bristol-Myers Squibb
Company, Organon Pharmaceuticals USA Inc., Solvay
Pharmaceuticals Inc., Eli Lilly & Company, and Forest
Pharmaceuticals, Inc. Previously, FDA had asked the
manufacturers for pediatric trial data regarding their
antidepressant drugs. The Chairman's letter sought to determine
if the drug companies withheld any safety information from the
Food and Drug Administration about those drugs.
Chairman Grassley also requested that Secretary Thompson
and Acting Commissioner Crawford consider the prompt adoption
of new warnings for pediatric antidepressants, including a
prominent, black-box warning. The recommendations had been made
by an expert advisory panel looking into the effect of
antidepressants on adolescents and children. Senator Grassley
wrote ``I trust that the FDA will very quickly and fully
consider the Advisory Committee's recommendations about the
'black box' and 'med guides' before the lives of more children
are needlessly lost because parents and others lack adequate,
readily understandable information when they most need it at
the precise moment when they must make critical life and death
health care decisions for themselves or their loved ones.''
A ``black box'' warning is now required on all
antidepressants that prominently notes suicidal behavior
concerns, and Chairman Grassley has requested bi-monthly
briefings for Committee staff by the FDA, including any
milestones, timetables, and any identified impediments that may
require a legislative fix.
CMS Quality of Care--Feeding Assistants and Nursing Home Care
Chairman Grassley joined another Member of Congress and
wrote to the Secretary Thompson to ask for a report on the use
of feeding assistants in nursing homes and to secure the
release of more accurate data to the public about nursing home
staffing. Under new rules issued in late 2003, feeding
assistants are now allowed to feed nursing home patients.
Previously, only trained health care workers could perform this
job. Senator Grassley emphasized the need to carefully monitor
the new rules, so that they do not result in malnutrition and
dehydration of patients in nursing homes. In addition, he said
that the public availability of accurate staffing data will
make it easier to compare nursing homes. The Committee will
continue to keep monitoring the progress made by the Centers
for Medicare and Medicaid Services.
CMS Fraud--Medicaid Drug Prices
Chairman Grassley and Ranking Member Baucus wrote to 19
leading drug companies to ask those drug manufacturers
questions about how they price for Medicaid eight top-selling
classes of pharmaceutical drugs. Grassley and Baucus said they
wanted to know if drug companies have been inappropriately
using an exception to the best-price reporting requirements
that apply to the Medicaid drug rebate program. To participate
in the drug rebate program, a drug company must report to the
government its best price, which is the lowest price its drug
was sold to any purchaser in the United States. Congress
created an exception to best-price reporting to encourage drug
companies to continue making drugs available to charitable
organizations at cheaper than market rates.
Grassley said the question is, ``are drug companies abiding
by both the letter and spirit of the law with regard to that
exception?'' Senators Grassley and Baucus have been working to
bring down the high cost of prescription drugs. The drug makers
who received a letter from Grassley and Baucus were Pfizer,
Inc., GlaxoSmithKline, Johnson & Johnson, Merck & Co., Inc.,
AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company,
Novartis Pharmaceuticals Corporation, Amgen, Inc., Wyeth
Pharmaceuticals, Eli Lilly & Company, Aventis Pharmaceuticals
Inc., Abbott Laboratories, Hoffmann-La Roche Inc., TAP
Parmaceutical Products Inc., Schering-Plough Corporation,
Boehringer Ingelheim Pharmaceuticals, Inc., Forest
Pharmaceuticals, Inc., Sanofi-Synthelabo and Eisai, Inc.
DOJ Oversight--Pharmaceutical Fraud
Chairman Grassley wrote to Attorney General John Ashcroft
to request a briefing from the Justice Department about its
ongoing drug company investigations, including whistleblower
cases. Senator Grassley's letter said that the Committee has
been reviewing some of the business practices by drug companies
participating in the Medicaid drug rebate program. Senator
Grassley noted that Pfizer, Inc. agreed to pay a Medicaid fraud
settlement with the Department of Justice (DOJ), totaling $430
million, including a $240 million criminal fine and $190
million in civil settlements. Grassley indicated his concern
that projected Medicaid spending for 2004 is to be over $300
billion. According to Senator Grassley, Medicaid spending has
even surpassed Medicare as the largest government health
program in the United States. He also stated that hundreds of
billions of taxpayer dollars are at stake and oversight of the
Medicaid program appears to be a decade or more behind
oversight of the Medicare program.
The Chairman indicated that among the most troubling issues
is the extent to which the drug industry is profiting at the
expense of America's taxpayers. In fact, Grassley stated his
concern that every one of these settlements involved Medicaid
liability and likely represented just the tip of the iceberg.
With potential astronomical profits, it appears that some drug
companies are not always abiding by either the spirit or the
letter of the law. He contended that the Committee will
continue to examine drug companies' business practices closely
with respect to Federal programs and the exorbitant costs that
American taxpayers pay for drugs. He said, ``Any drug company
that improperly lines its pockets with Medicaid dollars, which
are intended to benefit low-income Americans, pregnant women
and poor children, should know that America's taxpayers, myself
included, expect that it should be held fully accountable.''
CMS Quality of Care--Nursing Home Data
Chairman Grassley wrote to Mark McClellan, Administrator of
the CMS, saying that the Federal Government should improve the
quality of information it makes available to the public about
the care provided in the nation's nursing homes. Senator
Grassley noted a report issued by the HHS Inspector General
that found that Americans who rely on Nursing Home Compare have
only a one in five chance that the information will be
accurate. Nursing Home Compare is a Web site that provides
information about the past performance of every Medicare- and
Medicaid-certified nursing home in the country. Senator
Grassley noted that the odds may be even worse for individuals
and families searching for information about nursing homes
because the data presented by Nursing Home Compare is based on
inspection results, and there are serious deficiencies in the
Federal-State survey and certification process for nursing
homes. Grassley said that American's struggling with the
difficult decision to choose a nursing home deserve better
information than CMS is providing them.
Senator Grassley had previously written to CMS spelling out
similar concerns that had been identified by his own
investigative staff. Included in his staff's findings were
reports that State surveyors who assess nursing home conditions
had been pressured to go easy on long-term facilities or to
overlook, downgrade, or revise adverse findings and
deficiencies.
HHS Fraud--Administration of the Medicaid 340B Drug Discount Program
Chairman Grassley wrote to Tommy Thompson, the Secretary of
Health and Human Services, and Elizabeth Duke, the
Administrator of Health Resources and Services Administration
(HRSA) to ask for a complete, detailed, written accounting of
how HRSA did or did not implement the recommendations made by
the Department of Health and Human Services' Office of
Inspector General (OIG) in its recently-issued evaluation
report entitled: Appropriateness of 340B Drug Prices (OEI-05-
02-00070). The OIG report found that drug companies had
repeatedly overcharged public hospitals and clinics for low-
income patients, making them pay more than the maximum prices
that were allowed by Federal law. In just one month, for
example, the OIG found that 340B entities overpaid drug
companies more than $41 million for prescription drugs. The
letter noted that the Committee would maintain close scrutiny
of the drug pricing practices by many drug companies
participating in Federal health care programs and asked HRSA
for detailed information about the 340B overcharges, which
continue to be reviewed.
DOJ False Claims Act--Pharmaceutical Fraud
Chairman Grassley wrote to 19 drug companies urging them to
inform their employees about the provisions of the False Claims
Act in order to help prevent fraud in Federal health care
programs. The 19 pharmaceutical companies who received a letter
from Grassley included Schering-Plough Corporation, Pfizer,
Inc., GlaxoSmithKline, Johnson & Johnson, Merck & Co., Inc.,
AstraZeneca Pharmaceuticals LP, Bristol-Myers Squibb Company,
Novartis Pharmaceuticals Corporation, Amgen, Inc., Wyeth
Pharmaceuticals, Eli Lilly & Company, Aventis Pharmaceuticals
Inc., Abbott Laboratories, Hoffmann-La Roche Inc., TAP
Pharmaceutical Products Inc., Boehringer Ingelheim
Pharmaceuticals, Inc., Forest Pharmaceuticals, Inc., Sanofi-
Synthelabo and Eisai, Inc.
Senator Grassley, the Senate author of the 1986
whistleblower amendments strengthening the False Claims Act, is
a strong proponent of the False Claims Act and the importance
of whistleblowers. He believes more must be done to deter the
perception that fraud settlements are the cost of doing
business with the Federal Government. ``Taxpayers can't
continue to subsidize those drug companies that rely on ill-
gotten profits.'' It was a whistleblower's complaint about
Schering-Plough Corporation that led to a settlement by that
company with the government to pay a fine of $52.5 million and
more than $290 million to resolve civil liabilities in
connection with its illegal and fraudulent pricing of its drug,
Claritin. The Committee is continuing to address those
companies who feel it is unnecessary to inform their employees
about the provisions of the False Claims Act in order to
prevent fraud.
HHS/CMS Oversight of Medicaid Fraud, Waste and Abuse
Chairman Grassley wrote a letter to Tommy Thompson,
Secretary of HHS, and Mark McClellan, Administrator of the CMS,
about a Government Accountability Office (GAO) report entitled:
Medicaid Program Integrity: State and Federal Efforts to
Prevent and Detect Improper Payments (GAO-04-707). The GAO
review had been conducted at Senator Grassley's request.
Medicaid provides health care to an estimated 53 million low-
income Americans, including children, pregnant women,
individuals with disabilities and the elderly, and its
projected spending for FY 2004 was to exceed $300 billion. GAO
found that Medicaid's size and diversity made it vulnerable to
fraud and that oversight by the Centers for Medicare & Medicaid
Services (CMS) may be insufficient relative to the risk of
serious financial loss. For example, GAO disclosed that CMS
allocated only $26,000 and had only eight employees working on
Medicaid program integrity.
Responding to the GAO report, Senator Grassley expressed
his concern that hundreds of billions of taxpayer dollars are
at stake, and oversight of the Medicaid program has not kept
pace with the degree of Medicare oversight. The Senator asked
CMS to provide more intense oversight of Medicaid and will
monitor CMS's progress in this regard.
FDA Oversight--Merck (Vioxx)
Chairman Grassley wrote a letter to Merck & Co., Inc.,
about its communication with the Food and Drug Administration
(FDA) on Vioxx. Among other things, Senator Grassley questioned
the communication between the Food and Drug Administration and
Merck in the weeks leading up to the drug maker pulling its
arthritis medicine Vioxx from the global marketplace.
Specifically, Senator Grassley raised concerns about an
agreement between FDA and Merck to give the drug company a
``heads up'' whenever FDA planned to publish a drug study that
might negatively affect the drug company. Grassley said ``The
issue for doctors and their patients is, did the government
agency that's supposed to regulate pharmaceuticals have an
inappropriate agreement with Merck? And did a cozy relationship
between the FDA and a pharmaceutical company allow a drug with
known safety risks to stay on the market longer than it should
have? Part of the answer may rest in what Merck was or was not
telling the FDA,'' This was part of Senator Grassley's
congressional investigation of the way that the Food and Drug
Administration dealt internally with information about problems
with Vioxx. Three weeks later, Chairman Grassley also sent a
letter to Lester Crawford, Acting Commissioner of the Food and
Drug Administration, asking what actions FDA took in response
to known risks about Vioxx.
On November 18, 2004, Chairman Grassley held a hearing on
this particular issue entitled ``FDA, Merck, and Vioxx: Putting
Patient Safety First?'' The hearing examined whether the FDA's
relationship with the pharmaceutical industry and whether FDA
had made fundamental errors in the way it managed the public
health risks associated with Vioxx, a drug that had been
costing the Medicaid program more than $1 billion per year.
GSA Oversight--Costs for Relocating Federal Employees
Chairman Grassley initiated follow-up action on his earlier
investigation into relocation expenses paid for with taxpayer
dollars. Accordingly, he sent letters to Joshua Bolton,
Director of the Office of Management and Budget, and Stephen A.
Perry, Administrator of the General Services Administration
(GSA), about his concerns with the high cost, wasteful
practices, and weak management oversight by the government when
it pays to move Federal employees to other areas for their
jobs. ``The Federal Government's employee relocation program
appears to be costing taxpayers hundreds of millions of dollars
each year,'' Grassley said. ``Yet, no one has the foggiest idea
how many employees are relocated on the taxpayers' dime, how
much it's costing the taxpayers, and what taxpayers are really
getting in return.'' Grassley cited admissions by GSA in a
draft report it prepared that acknowledges that the results for
statutorily-required biennial reports were not even published
over the past six years ``because data quantity and quality
remained poor in all surveys.'' Grassley said that while many
government agencies acknowledge that they do not have accurate
cost data, in those instances where some data are available
from Federal agencies, the cost for many government moves
frequently surpasses $100,000, with a number of individual
relocation moves exceeding $150,000. In fact, at least one
employee move actually cost the Federal Government more than
$250,000.
In his letter, Senator Grassley asked GSA to advise him
promptly of the names of any agencies that failed to provide
GSA with accurate and complete data on employee moves, the
names of invited agencies that were not actively participating
in the Relocation Best Practices Committee, detailed
information about the home sale expenses paid by the government
for employee moves, and the measures that have been taken to
revise the Relocation Income Tax provisions that result in
overcompensating Federal employees for their moves.
GAO Oversight--Congressional Protocols
The Chairman sent several letters to David Walker, the
Comptroller General of the Government Accountability Office
(GAO), raising several questions and concerns about GAO's
proposed draft protocols that describe its working
relationships with the Congress. Chairman Grassley's specific
concerns included the significance of the proposed changes. In
particular, the Chairman questioned whether requests from
individual Members or from Committee leaders who might be
operating outside of their committees' strict jurisdictions,
should be relegated to a priority below that of GAO's own self-
initiated work, as GAO was suggesting. He felt this could be
troubling, since many issues may overlap or impact the
jurisdiction of multiple committees. He also questioned whether
GAO should be the most appropriate entity to determine whether
another Member should also be included in a requested review,
rather than deferring to the wishes of the initial requestor.
In addition, Senator Grassley wrote that he believed that
it would be inconsistent with the best interest of good
government to require that Committee leaders approve any GAO
requests that fall within their Committees' respective areas of
jurisdiction. The Senator wrote that he could envision
circumstances that would benefit from a GAO review, but which
may not have the full support of the Chair, thereby needlessly
stifling the legitimate gathering of independent data and
subsequent discussions. Furthermore, the Chairman questioned
GAO's right not to honor those requests that it did not
consider to be bipartisan. Finally, Senator Grassley mentioned
his concerns about possible limitations upon Congress by GAO to
access to its workpapers. The Chairman recommended that GAO
reconsider its proposed changes and then hold briefings for
House and Senate staff. Following its receipt of the Chairman's
letter, GAO substantially revised its protocols and provided
briefings to both houses of Congress.
Department of Labor Oversight--Trade Adjustment Assistance
Chairman Grassley and Ranking Minority Member Baucus asked
the Government Accountability Office (GAO) to review the
implementation by Federal, State, and local authorities of the
Trade Adjustment Assistance Reform Act of 2002. The Trade
Adjustment Assistance program provides job training, income
support, and health coverage assistance to workers who have
lost their jobs due to foreign competition. The Trade
Adjustment Assistance Reform Act consolidated two prior TAA
programs, expanded eligibility to new categories of workers,
and expanded the benefits available to workers in the program.
In light of reports that some States were experiencing
difficulties managing the new, consolidated trade adjustment
assistance program, Senators Grassley and Baucus asked the GAO
to determine: the extent to which statutorily mandated changes
are being implemented in a timely and effective manner; provide
worker participation and benefit utilization rates before and
after reform implementation; and assess any difficulties faced
by Federal or State authorities in administering the program.
The GAO found that the Department of Labor had largely
completed the implementation phase of the Act, but that
implementation of some program reforms, such as the Alternative
Trade Adjustment Assistance program, was delayed in some
important respects. It also found that certain key provisions
of the Reform Act may be having unintended negative
consequences for State administrators and workers, including
the training enrollment deadlines and the individual
qualification criteria for the health coverage tax credit and
alternative trade adjustment assistance. GAO further noted a
nationwide shortfall in retraining funds relative to the number
of eligible workers. Finally, GAO noted steps the Department of
Labor is taking to improve its previously inadequate
performance measurement system for the TAA program. Following
up on these findings, Senators Grassley and Baucus have asked
the GAO to provide additional analysis of the Department of
Labor's data collection and performance measurement systems and
to further study the implementation of the Reform Act.
Internal Revenue Service Oversight--Health Coverage Tax Credit
Chairman Grassley and Ranking Minority Member Baucus asked
the Government Accountability Office to review the
implementation of the health coverage tax credit (HCTC) created
in the Trade Adjustment Assistance Reform Act of 2002. The HCTC
program provides a 65 percent tax credit toward the purchase of
health coverage for displaced workers eligible for Trade
Adjustment Assistance (TAA) and for certain retirees receiving
pension benefits through the Pension Benefit Guarantee
Corporation (PBGC). The HCTC is largely operated at the Federal
level by the Internal Revenue Service, but aspects of its
administration are the responsibilities of the Department of
Labor, the Department of Health and Human Services, and the
PBGC. Each State must provide qualified options for those who
qualify for the credit but either lack COBRA continuation
coverage or choose not to enroll in COBRA. Although noting that
the HCTC program is still relatively new, GAO found that early
enrollment in the program is well below projected levels. GAO
identified several possible causes for this low enrollment,
including restrictive deadlines, complicated enrollment
requirements, and higher than expected premiums, particularly
in States permitting medical underwriting of premiums. GAO also
noted very high administrative costs during the start-up phase
of the program and proposed legislative or administrative fixes
for some of the barriers they identified to broader
participation in the HCTC program. Following up on these
findings, Senators Grassley and Baucus have asked the GAO to
provide additional analysis of the experience of workers with
the HCTC program through a series of case studies.
Terrorism Financing
Chairman Grassley and Senator Baucus conducted oversight
activities on terrorism financing to answer the following
questions:
(1) Is the Administration effectively coordinating
the 20 or more Federal agencies and Departments that
work on terrorism financing;
(2) Should we be concerned that the Department with
the greatest expertise, the Treasury Department, is no
longer coordinating the interagency effort on terrorism
financing, as it did in recent years;
(3) Does the Treasury Department have the resources
it needs for anti-terrorism financing efforts;
(4) Why Saddam Hussein's $4 billion was not recovered
after the invasion of Iraq; and
(5) Are resources dedicated to track down terrorist
funds being used wisely?
On March 29 the Chairman and Senator Baucus wrote the
President to express their concern that the terrorism financing
effort was ``heavy on generals but light on soldiers.'' They
asked whether there was a lack of direct authority and
resources to ensure that policy initiatives for which Treasury
is held accountable are put into practice.
The Chairman and Senator Baucus also sent a letter to
Secretary Snow on April 28 asking specific questions about the
Treasury Department's record since 1995 of assets seized and/or
frozen, how many Treasury employees are assigned to each
threat--such as Al Qaeda and Hamas, and the status of the
search for Saddam Hussein's funds.
The Finance Committee held an open and a closed hearing on
terrorism financing issues.
Corporate Investments in Nations Sponsoring Terrorism
Chairman Grassley and Senator Baucus led an inquiry into
the practices of U.S. companies in complying with a law which
sets standards for parent corporations of subsidiaries that
trade with terrorist states. Letters were sent to a number of
companies requesting information on what products were sold to
Iran, whether the company board of directors discussed doing
business with Iran, and how the corporations acted to comply
with the law.
U.S. law allows corporations to set up subsidiaries that
trade with terrorist states such as Iran and Sudan as long as
those subsidiaries are not ``controlled'' by the parent
corporation; nor can the parent corporation approve or
facilitate such trade. The Committee felt it was essential to
establish the facts with regard to U.S. corporations whose
subsidiaries trade with terrorist nations. The war on terror
makes it important to review the law allowing trade with
terrorist states and question whether it is the right policy.
Treasury Secretary John Snow
The Committee examined a potential conflict of interest
matter involving Treasury Secretary John Snow. The Secretary
maintained an investment of $10 million in bonds issued by
Government Sponsored Enterprises (GSE) (Fannie Mae, Freddie
Mac, Federal Home Loan Bank) during almost 16 months of his
tenure as Secretary of Treasury, between February 3, 2003 and
May 14, 2004. During this period the Secretary apparently
participated in a decisionmaking process which considered
changes in the laws governing GSE oversight and regulation.
Secretary Snow contends that he did not know of this
investment until, upon review of his financial disclosure form
in May, he was told of a problem by the Department of
Treasury's ethics counsel. Subsequent to the review of his
financial disclosure form he divested himself of these bonds.
The Committee was concerned that the Secretary's internal
activities on GSE oversight and regulation issues had the
potential to affect the value of his investments. Because
potential criminal and civil penalties are provided for
conflict of interest violations, Senator Baucus referred to the
Justice Department documents related to the case.
CMS Oversight--Medicaid and SCHIP Waivers
Chairman Grassley and Ranking Member Baucus requested that
the Government Accountability Office (GAO) report on the
Centers for Medicare & Medicaid Services (CMS) activities to
approve State proposals to waive certain Federal requirements
under Medicaid and the State Children's Health Insurance
Program (SCHIP). Section 1115 of the Social Security Act gives
the Secretary of HHS the authority to waive certain Federal
statutory requirements under the Act. States can apply to the
Secretary for a waiver of certain requirements that are
normally attached to receipt of Federal Medicaid or SCHIP
matching funds. Senators Grassley and Baucus had requested an
initial GAO report on all section 1115 waivers in 2002 prompted
by concerns about whether section 1115 waivers were being used
to restructure the fundamental tenets of the Medicaid and SCHIP
programs. That report raised substantial concerns about whether
CMS had inappropriately waived budget-neutrality requirements,
statutory prohibitions on using Federal SCHIP funds to cover
childless adults, and due process protocols that mandated an
open and transparent process for developing and granting
waivers.
Senators Grassley and Baucus asked GAO to continue its
review of CMS' waiver activities. In 2004, GAO issued a second
report which updated its analysis of new waivers granted since
July 2002 and analyzed CMS' compliance with SCHIP's statutory
requirements. GAO found that CMS had approved three more State
waiver proposals that provided health coverage to childless
adults in violation of SCHIP's statutory requirements and four
more State waivers for coverage of parents or legal guardians
without requiring States to meet the cost-neutrality
requirements.
Senators Grassley and Baucus responded to the GAO report by
writing to Mark McClellan, the Administrator of CMS, in 2004 to
raise concerns regarding the use of waivers granted to States
for their Medicaid and SCHIP programs and to ask whether these
waivers were being used to circumvent the Congressional
process.
In August 2004, GAO issued a third report on CMS waiver
activities, which focused on the approvals of Pharmacy Plus
demonstration programs by HHS. In this report, GAO found
further abuses, noting that four waiver programs that had been
approved violated the budget neutrality requirement and would
actually increase Federal spending by $1.5 billion over five
years. GAO also found that CMS had required States to cap
Medicaid spending as a condition of approval of the waiver,
which would impose significant financial risks on the affected
States and could adversely impact access to services for other
vulnerable populations covered under the State Medicaid
programs.
Senator Baucus, joined by Senator Rockefeller, introduced
the Medicaid and SCHIP Safety and Preservation Act, S. 2222, to
address a number of the concerns identified in the GAO reports
on CMS waiver activities. S. 2222 would clarify and ensure that
Section 1115 of the Social Security Act (the so-called ``1115
waiver'' authority) could not be applied to erode core
objectives and statutory requirements of the Medicaid and SCHIP
programs. The bill would also protect and preserve the
integrity of Medicaid and SCHIP programs and the viability of
the health care safety net, and ensure greater transparency and
public input into the ``1115 waiver'' process.
HHS and SSA Oversight--Transfer of Medicare Administrative Appeals
Chairman Grassley and Ranking Member Baucus wrote to Health
and Human Services Secretary Tommy Thompson and Social Security
Commissioner Jo Anne Barnhart about the insufficiency of their
Report to Congress: Plan for the Transfer of Responsibility for
Medicare Appeals, which was submitted pursuant to section 931
of the Medicare Prescription Drug, Improvements, and
Modernization Act of 2003 (MMA). Senators Grassley and Baucus
also requested that the Government Accountability Office (GAO)
continue monitoring the agencies' implementation of the
transfer after the GAO submitted its report evaluating the
joint transfer plan as mandated by the MMA. Senator Grassley
and Senator Baucus continue to monitor the agencies' progress
as the mandated transfer date approaches.
Health Savings Accounts
Ranking Member Baucus and Senator Breaux requested that the
Government Accountability Office (GAO) review the workings of
health savings accounts (HSAs), the tax-favored savings
accounts established in conjunction with high-deductible health
insurance plans by the Medicare Prescription Drug,
Improvements, and Modernization Act of 2003 (MMA). The
Senators' request to GAO was to determine the effect HSAs have
on coverage and on health care costs, as well as identifying
any issues that arise during implementation of HSAs.
Consumer-Driven Health Care
Ranking Member Baucus requested that the Government
Accountability Office (GAO) conduct an analysis of the Federal
Employees Health Benefit Program (FEHBP) consumer-driven health
care plan, which is offered by the American Postal Workers
Union, which was introduced as an option for Federal civilian
employees in 2003. Consumer-driven health care is intended to
hold down costs by shifting financial responsibility for health
care to employees and by giving employees more incentives and
tools to manage their own care. Senator Baucus asked the GAO to
ensure that the consumer-driven health care plan under FEHBP is
meeting its goals and providing sufficient coverage.
CMS Oversight: Medicaid UPL and IGT State Financing Arrangements
Chairman Grassley and Ranking Member Baucus requested that
the Government Accountability Office (GAO) review the policies
implemented by the Centers for Medicare & Medicaid Services
(CMS) to protect against misappropriation of Federal funds
through the upper payment level (UPL) rules and
intergovernmental transfer (IGT) policies under the Medicaid
program. Title XIX of the Social Security Act authorizes
Federal Medicaid funds to be provided to the States to finance
health care for low-income, elderly, and disabled individuals,
subject to States' compliance with certain Federal
requirements. Among these is the requirement that States'
payment for services be consistent with efficiency, economy,
and quality of care, and not exceed the upper payment limit of
what Medicare pays for comparable services. After State abuses
of UPL payments came to light, Congress responded by passing
legislation to require the implementation of a rule to curtail
and phase out the use of UPL arrangements. The final rule in
2001 provided for varying transition periods for 18 States that
had relied to some extent on prior UPL arrangements, with some
transitions extending for up to 8 years. In prior reports, GAO
had raised concerns about the implementation of this policy. In
their February 2004 report, GAO found that two of the three
States permitted to have the longest transition period of eight
years did not meet CMS' own criteria for qualification. The
report also raised concerns about whether CMS had provided
States with sufficient notice and guidance of a uniform
enforcement policy to avoid future transgressions.
Senators Grassley and Baucus also requested a GAO analysis
of the scope of State intergovernmental transfer arrangements.
In March 2004, GAO issued a report which outlined how some
State financing arrangements including IGTs had been used by
States to maximize their Federal Medicaid payments and
discussed concerns about the extent to which such arrangements
undermined Medicaid's funding arrangement and the need to
curtail them.
Senator Baucus wrote a letter to CMS Administrator Mark
McClellan raising concerns about CMS' IGT policy and requesting
further information about how the IGT policy was being applied
and whether formal uniform guidance would be issued.
Medicaid Long-Term Care Partnerships
Chairman Grassley and Ranking Member Baucus, along with
Senator Rockefeller, requested that the Government
Accountability Office (GAO) review what has happened in the
four States that have implemented long-term care partnerships.
Long-term care partnerships allow individuals who purchase
private long-term care insurance and exhaust their benefits to
become eligible for Medicaid coverage for long-term care
services without being subject to the normal asset limits. The
GAO request focuses on the States' experiences with this
program, whether any savings have been achieved, and whether
this program ensures access to appropriate long-term care
services and provides adequate consumer protections.
CALENDAR OF HEARINGS
Jan. 28, 2003..................... Nomination of John W. Snow, of
Virginia, to be Secretary of the
U.S. Treasury
Jan. 30, 2003..................... U.S. Borders: Safe or Sieve?
Feb. 5, 2003...................... Revenue Proposals in the President's
FY 2004 Budget
Feb. 11, 2003..................... Examination of Proposals for
Economic Growth and Job Creation:
Incentives for Consumption
Feb. 12, 2003..................... Examination of Proposals for
Economic Growth and Job Creation:
Incentives for Investment
Feb. 12, 2003..................... Nominations of Joseph Robert Goeke,
to be Judge of the U.S. Tax Court,
the Judiciary; Glen L. Bower, to be
Judge of the U.S. Tax Court, the
Judiciary; Daniel Pearson, to be
Member of the U.S. International
Trade Commission; Charlotte A.
Lane, to be Member of the U.S.
International Trade Commission; and
Raymond T. Wagner, Jr. to be Member
of the Department of the Treasury,
Oversight Board
Feb. 13, 2003..................... Enron: The Joint Committee on
Taxation's Investigative Report
Feb. 20, 2003..................... Welfare Reform: Past Successes, New
Challenges (Field Hearing in Des
Moines, IA)
Feb. 27, 2003..................... Examining the Administration's
Fiscal Year 2004 Health Care
Priorities
Mar. 5, 2003...................... The Administration's Trade Agenda
Mar. 11, 2003..................... The Funding Challenge: Keeping
Defined Benefit Pension Plans
Afloat
Mar. 12, 2003..................... Welfare Reform: Building on Success
Mar. 18, 2003..................... Nomination of Mark W. Everson, to be
Commissioner of the Internal
Revenue, U.S. Department of the
Treasury
Apr. 1, 2003...................... Taxpayer Alert: Choosing a Paid
Preparer and the Pitfalls of
Charitable Car Donation
Apr. 1, 2003...................... Nominations of Mark Van Dyke Holmes,
Diane L. Kroupa, Robert Allen
Wherry, Jr., and Harry A. Haines to
be Judges of the U.S. Tax Court
Apr. 3, 2003...................... Purchasing Health Care Services in a
Competitive Environment
Apr. 8, 2003...................... Enron: Joint Committee on Taxation
Investigative Report, Compensation
and Related Issues
Apr. 9, 2003...................... 2003 Annual Report of the Board of
Trustees of the Federal Old Age and
Survivors Insurance and Disability
Insurance Trust Funds
Apr. 14, 2003..................... A Fair Deal for Rural America:
Fixing Medicare Reimbursement
May 13, 2003...................... Status of the Free Trade Area of the
Americas: Negotiations and
Preparations for the Miami
Ministerial (Subcommittee on
International Trade)
June 6, 2003...................... Strengthening and Improving the
Medicare Program
June 17, 2003..................... Implementation of U.S. Bilateral
Free Trade Agreements with
Singapore and Chile
June 26, 2003..................... Nominations of Josette Sheeran
Shiner, to be Deputy U.S. Trade
Representative, Executive Office of
the President and James J. Jochum,
to be Assistant Secretary,
Department of Commerce
July 8, 2003...................... Examination of U.S. Tax Policy and
Its Effect on the Domestic and
International Competitiveness of
U.S.-Based Operations
July 15, 2003..................... An Examination of U.S. Tax Policy
and Its Effect on the International
Competitiveness of U.S.-Owned
Foreign Operations
July 17, 2003..................... Nursing Home Quality Revisited: The
Good, the Bad, and the Ugly
July 30, 2003..................... Nominations of Robert Stanley
Nichols, to be Assistant Secretary
for Public Affairs, Department of
the Treasury, and Teresa M. Ressel,
to be Assistant Secretary for
Management, Department of the
Treasury
Aug. 26, 2003..................... Rural Economy, Renewable Energy, and
the Role of our Cooperatives
Sept. 4, 2003..................... U.S.-Cuba Economic Relations
Sept. 9, 2003..................... The Alias Among Us: The Homeland
Security and Terrorism Threat from
Document Fraud, Identity Theft, and
Social Security Number Misuse
Sept. 23, 2003.................... Unfulfilled Promises: Mexican
Barriers to U.S. Agricultural
Exports
Oct. 21, 2003..................... Tax Shelters: Who's Buying, Who's
Selling, and What's the Government
Doing About It?
Oct. 23, 2003..................... Company Owned Life Insurance
Nov. 4, 2003..................... Nominations of Michael O'Grady to be
Assistant Secretary of Health and
Human Services, Assistant Secretary
for Planning and Evaluation,
Department Health and Human
Services; Jennifer Baxendell Young
to be Assistant Secretary of Health
and Human Services, Assistant
Secretary for Legislation,
Department for Health and Human
Services; and Bradley D. Belt, to
be Member of the Social Security
Advisory Board, Social Security
Administration
Nov. 18, 2003..................... Nomination of Arnold I. Havens, to
be General Counsel for the
Department of the Treasury
Feb. 4, 2004...................... Administration's Health and Human
Services Budget Priorities
Feb. 10, 2004..................... Nomination of Samuel W. Bodman, to
be Deputy Secretary of the
Treasury, U.S. Department of the
Treasury
Feb. 12, 2004..................... Revenue Proposals in the President's
FY '05 Budget
Mar. 3, 2004...................... Health Insurance Challenges: ``Buyer
Beware''
Mar. 8, 2004...................... Nominations of Mark B. McClellan, to
be Administrator of the Center for
Medicare and Medicaid Services;
Brian Roseboro, to be Under
Secretary of the Department of the
Treasury; Donald Korb, to be Chief
Counsel for the Internal Revenue
Service and Assistant General
Counsel in the Department of the
Treasury; and Mark J. Warshawsky,
to be Assistant Secretary, U.S.
Department of the Treasury
Mar. 9, 2004...................... Administration's International Trade
Agenda
Mar. 10, 2004..................... U.S. Economic and Trade Policy in
the Middle East
Apr. 7, 2004...................... Strategies to Improve Access to
Medicaid Home- and Community-Based
Services
Apr. 15, 2004..................... International Trade and the Impact
on the U.S. Soda Ash Industry
(Field Hearing in Rock Springs, WY)
Apr. 27, 2004..................... International Trade and
Pharmaceuticals (Subcommittee on
International Trade and the
Subcommittee on Health Care)
Apr. 28, 2004..................... Taking the Taxpayers for a Ride:
Fraud and Abuse in the Power
Wheelchair Program
May 5, 2004....................... Benefits of a Healthy Marriage
May 19, 2004...................... Nominations of John O. Colvin, to be
Judge, U.S. Tax Court, the
Judiciary; Juan C. Zarate, to be
Assistant Secretary for Terrorism
Finance, U.S. Department of the
Treasury; and Stuart Levey to be
Under Secretary for Enforcement,
U.S. Department of the Treasury
May 19, 2004...................... Treasury Department and Terrorism
Financing
June 8, 2004...................... Medicare Drug Card: Delivering
Savings for Participating
Beneficiaries
June 15, 2004..................... United States-Australia and United
States-Morocco Free Trade Agreement
June 16, 2004..................... Strengthening Regulations and
Oversight to Better Ensure
Agriculture Financing Integrity
June 22, 2004..................... Charity Oversight and Reform:
Keeping Bad Things From Happening
to Good Charities
July 7, 2004...................... Nominations of J. Russell George, to
be Inspector General for Tax
Administration, U.S. Department of
the Treasury; Patrick P. O'Carroll,
Jr., to be Inspector General,
Social Security Administration;
Timothy Bitsberger, to be Assistant
Secretary of the Treasury, U.S.
Department of the Treasury; and
Paul Jones, to be Member of the
Internal Revenue Service Oversight
Board, U.S. Department of the
Treasury
July 21, 2004..................... Bridging the Tax Gap
July 22, 2004..................... The Role of Higher Education
Financing in Strengthening U.S.
Competitiveness in a Global Economy
Aug. 25, 2004..................... Saving America's Great Places: The
Role of Tax Incentives in
Preserving Rural Communities
Sept. 14, 2004.................... Implementing the Medicare
Prescription Drug Benefit and
Medicare Advantage Program:
Perspectives on the Proposed Rules
Sept. 21, 2004.................... Indian Jails: A Clarion Call for
Reform
Oct. 8, 2004...................... Nomination of Anna Escobedo Cabral
to be U.S. Treasurer, U.S.
Department of the Treasury
Nov. 18, 2004..................... FDA, Merck, and Vioxx: Putting
Patient Safety First?
BILLS AND RESOLUTIONS REFERRED AND CONSIDERED
There were 749 Senate bills and 17 House bills referred to
the Committee for consideration during the 108th Congress. In
addition, 19 Senate and House resolutions (joint, concurrent,
or simple resolutions) were referred to the Committee.
STATUS OF BILLS ON WHICH LEGISLATIVE ACTION WAS TAKEN
SENATE BILLS AND RESOLUTIONS
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Conference Report Agreed to in--
Bill No. Title Reported in Passed Senate Reported in Passed House ------------------------------------ Signed Into Law Public Law No.
Senate House Senate House
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S. 312 Availability of SCHIP June 24, 2003 June 26, 2003*
(H.R. 2854) Allotments for Fiscal Years S. Rpt. 108-78 (See H.R. 2854)
1998 through 2001
S. 351 Armed Forces Tax Fairness Act Feb. 11, 2003
(H.R. 1307) of 2003 (without written
rpt.)
S. 476 CARE Act of 2003 Feb. 27, 2003 Apr. 9, 2003*
S. Rpt. 108-11
S. 622 Family Opportunity Act of 2003 Sept. 30, 2003* May 6, 2003* (May 10, 2004--
S. Rpt. 108-157 Referred to
Energy and
Commerce)
S. 671 Miscellaneous Trade and Mar. 20, 2003 (See H.R. 1047)
(H.R. 1047) Technical Corrections Act of S. Rpt. 108-28
2003
S. 753 Tax Court Modernization Act May 5, 2003
S. Rpt. 108-42
S. 760 Clean Diamond Trade Act Apr. 9, 2003* (See H.R. 1584)
(H.R. 1584) S. Rpt. 108-36
(Apr. 30, 2003--
Indef.
postponed)
S. 882 Tax Administration Good May 4, 2004 (See H.R. 1528)
(H.R. 1528) Government Act S. Rpt. 108-257*
S. 1149 Energy Tax Incentives Act of May 23, 2003
2003 S. Rpt. 108-54
S. 1416 U.S.-Chile Free Trade Agreement July 22, 2003 (See H.R. 2738)
(H.R. 2738) Implementation Act S. Rpt. 108-116
(Reported
jointly w/
Judiciary)
S. 1417 U.S.-Singapore Free Trade July 22, 2003 (See H.R. 2739)
(H.R. 2739) Agreement Implementation Act S. Rpt. 108-117
(Reported
jointly w/
Judiciary)
S. 1637 Jumpstart Our Business Strength Nov. 7, 2003* May 11, 2004*
(H.R. 4520) (JOBS) Act S. Rpt. 108-192 (See H.R. 4520)
S. 2424 National Employee Savings and May 14, 2004
Trust Equity Guarantee Act S. Rpt. 108-266
S. 2610 U.S.-Australia Free Trade July 14, 2004 (See H.R. 4759)
(H.R. 4759) Agreement Implementation Act S. Rpt. 108-316
S. 2677 U.S.-Morocco Free Trade July 20, 2004 July 21, 2004
(H.R. 4842) Agreement Implementation Act S. Rpt. 108-317 (See H.R. 4842)
S.J. Res. 39 Approving the Renewal of Import June 15, 2004 (See H.J. Res.
(H.J. Res. 97) Restrictions Contained in the S. Rpt. 108-281 97)
Burmese Freedom and Democracy
Act of 2003
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*With amendments.
STATUS OF BILLS ON WHICH LEGISLATIVE ACTION WAS TAKEN
HOUSE BILLS AND RESOLUTIONS
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Conference Report Agreed to in--
Bill No. Title Reported in Passed House Reported in Passed Senate ------------------------------------ Signed Into Law Public Law No.
House Senate House Senate
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
H.R. 1047 Miscellaneous Trade and Mar. 4, 2003 Mar. 5, 2003 Mar. 6, 2003 Mar. 4, 2003* Oct. 8, 2003 Nov. 19, 2003 Dec. 3, 2003 108-429
(S. 671) Technical Corrections Act of H. Rpt. 108-771 S. Rpt. 108-28 H. Rpt. 108-771 H. Rpt. 108-771
2003
H.R. 1307 Armed Forces Tax Fairness Act Mar. 20, 2003 (Mar. 20, 2003-- Mar. 27, 2003*
(S. 351) of 2003 Received in
the Senate)
H.R. 1584 Clean Diamond Trade Act Apr. 8, 2003 Apr. 9, 2003 Apr. 10, 2003* Apr. 25, 2003 108-19
(S. 760) S. Rpt. 108-36
H.R. 2854 Availability of SCHIP July 25, 2003 (July 28, 2003-- July 31, 2003 Aug. 15, 2003 108-74
(S. 312) Allotments for Fiscal Years Received in
1998 through 2001 the Senate)
H.R. 1528 Tax Administration Good Apr. 8, 2003 June 19, 2003* (June 20, 2003-- May 19, 2003*
(S. 882) Government Act H. Rpt. 108-61 Fin. Cmte. (In lieu of S.
discharged) 882)
H.R. 2738 U.S.-Chile Free Trade Agreement July 21, 2003 July 24, 2003 (July 24, 2003-- July 31, 2003 Sept. 3, 2003 108-77
(S. 1416) Implementation Act H. Rpt. 108-224 placed on
cal.)
H.R. 2739 U.S.-Singapore Free Trade July 21, 2003 July 24, 2003 (July 24, 2003-- July 31, 2003 Sept. 3, 2003 108-78
(S. 1417) Agreement Implementation Act H. Rpt. 108-225 placed on
cal.)
H.R. 4520 American Jobs Creation Act of June 16, 2004 June 17, 2004* June 18, 2004 July 15, 2004* Oct. 7, 2004 Oct. 11, 2004 Oct. 22, 2004 108-357
(S. 1637) 2004 H. Rpt. 108-548 S. Rpt. 108-192 H. Rpt. 108-755 H. Rpt. 108-755
(June 21, 2004--
placed on
cal.)
H.R. 4759 U.S.-Australia Free Trade July 12, 2004 July 14, 2004 July 15, 2004 Aug. 3, 2004 108-286
(S. 2610) Agreement Implementation Act H. Rpt. 108-597
H.R. 4842 U.S.-Morocco Free Trade July 21, 2004 July 22, 2004 July 22, 2004 Aug. 17, 2004 108-302
(S. 2677) Agreement Implementation Act H. Rpt. 108-627
H.J. Res. 97 Approving the Renewal of Import June 3, 2004 June 14, 2004 June 24, 2004 July 7, 2004 108-272
(S.J. Res. 39) Restrictions Contained in the
Burmese Freedom and Democracy
Act of 2003
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*With amendments.
FULL COMMITTEE BUSINESS MEETINGS
January 30, 2003
Finance Committee Members considered the following items
during an Executive Session:
The Committee ordered favorably reported the following
business items:
Nomination of John Snow to be Secretary of the
Treasury, U.S. Department of the Treasury
February 5, 2003
Finance Committee Members considered the following items
during an Executive Session:
S. 351, Armed Forces Tax Fairness Act of 2003
S. 476, Savings for Working Families Act of 2003
February 14, 2003
Finance Committee Members considered the following items
during an Executive Session:
Committee Funding Resolution
Committee Rules
Adoption of Subcommittees
Designation of Committee Members to Serve on the Joint
Committee on Taxation
Designation of Committee Members to serve as
Congressional Advisors on Trade Policy and Negotiations
February 26, 2003 and February 27, 2003
Finance Committee Members considered the following items
during an Executive Session:
An original bill, entitled, the Miscellaneous Trade and
Technical Corrections Act of 2003.
March 5, 2003
Finance Committee Members considered the following items
during an Executive Session:
The Nomination of Daniel Pearson, to be a Member of the
United States International Trade Commission
The Nomination of Charlotte Lane, to be a Member of the
United States International Trade Commission
April 2, 2003
Finance Committee Members considered the following items
during an Executive Session:
Energy Tax Incentives Act
The Clean Diamond Trade Act
The Tax Court Modernization Act
The Nomination of Mark Everson, to be Commissioner of
Internal Revenue
The Nomination of Diane Kroupa, to be Judge of the
United States Tax Court
The Nomination of Harry Haines, to be Judge of the
United States Tax Court
The Nomination of Robert Wherry, Jr., to be Judge of
the United States Tax Court
The Nomination of Joseph Goeke, to be Judge of the
United States Tax Court
The Nomination of Raymond T. Wagner, Jr., to be Member
of the Oversight Board, U.S. Department of the Treasury
May 8, 2003
Finance Committee Members considered the following items
during an Executive Session:
A substitute for S.2, the Jobs and Growth Tax Act of
2003.
May 13, 2003
Finance Committee Members considered the following items
during an Executive Session:
An original bill, the text of which was reported by the
Committee on Finance on May 8, 2003, for the purposes
of meeting Finance Committee reconciliation
instructions.
June 5, 2003
Finance Committee Members considered the following items
during an Executive Session:
A revenue title to S. 824, the Aviation Investment and
Revitalization Vision Act.
June 12, 2003
Finance Committee Members considered the following items
during an Executive Session:
S. 1, Prescription Drug and Medicare Improvement Act of
2003
S. 312, Availability of SCHIP Allotments for Fiscal
Years 1998-2001.
July 10, 2003
Finance Committee Members informally considered the
following items during a Committee meeting:
Proposed legislation implementing the U.S.-Singapore
Free Trade Agreement and the U.S.-Chile Free Trade
Agreement.
July 17, 2003
Finance Committee Members considered the following items
during an Executive Session:
Proposed legislation implementing the U.S.-Singapore
Free Trade Agreement and the U.S.-Chile Free Trade
Agreement.
July 30, 2003
Finance Committee Members considered the following items
during an Executive Session:
The Nomination of Josette Shiner, to be Deputy United
States Trade Representative, Executive Office of the
President
The Nomination of James Jochum, to be Assistant
Secretary, U. S. Department of Commerce
The Nomination of Robert Nichols, to be Assistant
Secretary for Public Affairs, U. S. Department of the
Treasury
September 10, 2003
Finance Committee Members considered the following items
during an Executive Session:
H.R. 4, Personal Responsibility, Work, and Promotion
Act of 2003
S. 622, The Family Opportunity Act of 2003
September 17, 2003
Finance Committee Members considered the following items
during an Executive Session:
H.R. 743, The Social Security Protection Act of 2003
S. 1548, Volumetric Ethanol Excise Tax Credit Act of
2003
S. 2424, National Employee Savings and Trust Equity
Guarantee Act.
October 1, 2003
Finance Committee Members considered the following items
during an Executive Session:
S. 1637, the ``Jumpstart Our Business Strength (JOBS)
Act of 2003.''
November 12, 2003
Finance Committee Members considered the following items
during an Executive Session:
The Nomination of Michael O'Grady, to be Assistant
Secretary of Health and Human Services, U. S.
Department of Health and Human Services
The Nomination of Jennifer Young, to be Assistant
Secretary of Health and Human Services, U. S.
Department of Health and Human Services
The Nomination of Bradley Belt, to be Member of the
Social Security Advisory Board, Social Security
Administration
November 21, 2003
Finance Committee Members considered the following items
during an Executive Session:
The Nomination of Arnold Havens, to be General Counsel
for the Department of Treasury, U.S. Department of the
Treasury
February 2, 2004
Finance Committee Members considered the following items
during an Executive Session:
S. 2424, National Employee Savings and Trust Equity
Guarantee Act, Extension of Highway Trust Fund
S. 882, Tax Administration Good Government Act.
February 12, 2004
Finance Committee Members considered the following items
during an Executive Session:
The Nomination of Samuel Bodman, to be Assistant
Secretary of the Treasury, U.S. Department of the
Treasury
March 9, 2004
Finance Committee Members considered the following items
during an Executive Session:
The Nomination of Mark B. McClellan, Administrator,
Centers for Medicare and Medicaid Services
The Nomination of Brian Roseboro, to be Under
Secretary, U.S. Department of the Treasury
The Nomination of Mark J. Warshawsky, to be Assistant
Secretary, U.S. Department of the Treasury.
March 30, 2004
Finance Committee Members considered the following items
during an Executive Session:
The Nomination of Donald Korb, to be Chief Counsel for
the Internal Revenue Service and an Assistant General
Counsel, U.S. Department of the Treasury
May 20, 2004
Finance Committee Members considered the following items
during an Executive Session:
The Nomination of John O. Colvin, to be Judge of the
United States Tax Court
The Nomination of Juan C. Zarate, to be Assistant
Secretary for Terrorism Finance, U.S. Department of the
Treasury
The Nomination of Stuart Levey, to be Under Secretary
for Enforcement, U.S. Department of the Treasury
June 15, 2004
Finance Committee Members considered the following items
during an Executive Session:
S.J. Res. 39, Approving the Renewal of Import
Restrictions Contained in the Burmese Freedom and
Democracy Act of 2003.
June 23, 2004
Finance Committee Members informally considered the
following items during a Committee Meeting:
Review and make recommendations on proposed legislation
implementing the U.S.-Australia Free Trade Agreement
June 24, 2004
Finance Committee Members informally considered the
following items during a Committee Meeting:
Continued Executive Session to review and make
recommendations on proposed legislation implementing
the U.S.-Australia Free Trade Agreement.
July 14, 2004
Finance Committee Members informally considered the
following items during a Committee Meeting:
To consider proposed legislation implementing the U.S.-
Morocco Free Trade Agreement
S. 2610, the U.S.-Australia Free Trade Agreement.
July 20, 2004
Finance Committee Members considered the following items
during an Executive Session:
S. 2677, the U.S.-Morocco Free Trade Agreement;
H.R. 982, To Clarify the Tax Treatment of Bonds and
other Obligations Issued by the Government of American
Samoa
The Nomination of Charles Kolbe, to be Member, IRS
Oversight Board
The Nomination of Timothy Bitsberger, to be Assistant
Secretary for Financial Markets, U.S. Department of the
Treasury
The Nomination of Patrick O'Carroll, to be Inspector
General, Social Security Administration
The Nomination of Paul Jones, to be Member, IRS
Oversight Board
September 15, 2004 and September 20, 2004
Finance Committee Members considered the following items
during an Executive Session:
S. 333, John Breaux Elder Justice Act
The Nomination of Joey Russell George, to be Treasury
Inspector General for Tax Administration, U.S.
Department of the Treasury
CALENDAR OF NOMINATIONS
Nov. 16, 2004
WAGNER, JR., RAYMOND THOMAS, to be Member of the Internal
Revenue Service Oversight Board, Department of the
Treasury; vice Oversight Board for a term expiring
September 14, 2009. (Reappointment)
Nov. 16, 2004--Received in the Senate and referred to the
Committee on Finance.
Dec. 8, 2004--Returned to the President under the provisions
of Senate Rule XXXI, paragraph 6 of the Standing Rules
of the Senate at the sine die adjournment of the 108th
Congress.
Oct. 7, 2004
DAMELIN, HAROLD, to be Inspector General, Department of the
Treasury, Department of the Treasury; vice Jeffrey Rush,
Jr., resigned.
Oct. 7, 2004--Received in the Senate and referred to the
Committee on Finance.
Dec. 8, 2004--Returned to the President under the provisions
of Senate Rule XXXI, paragraph 6 of the Standing Rules
of the Senate at the sine die adjournment of the 108th
Congress.
Sept. 20, 2004
DELGADO-JENKINS, JESUS H., to be Assistant Secretary of the
Treasury, Department of the Treasury; vice Teresa M.
Ressel, resigned.
Sept. 20, 2004--Received in the Senate and referred to the
Committee on Finance.
Dec. 8, 2004--Returned to the President under the provisions
of Senate Rule XXXI, paragraph 6 of the Standing Rules
of the Senate at the sine die adjournment of the 108th
Congress.
Sept. 10, 2004
JONES, PAUL, to be Member of the Internal Revenue Service
Oversight Board, Department of the Treasury; vice Oversight
Board for a term expiring September 14, 2008, vice Charles
L. Kolbe, term expired, to which position he was appointed
during the last recess of the Senate.
Sept. 10, 2004--Received in the Senate and referred to the
Committee on Finance.
Dec. 8, 2004--Returned to the President under the provisions
of Senate Rule XXXI, paragraph 6 of the Standing Rules
of the Senate at the sine die adjournment of the 108th
Congress.
July 22, 2004
CABRAL, ANNA ESCOBEDO, to be Treasurer of the United States,
Department of the Treasury; vice Rosario Marin.
July 22, 2004--Received in the Senate and referred to the
Committee on Finance.
Oct. 11, 2004--Senate Committee on Finance discharged by
Unanimous Consent.
Oct. 11, 2004--Placed on Senate Executive Calendar. Calendar
No. 934.
Nov. 21, 2004--Confirmed by the Senate by Voice Vote.
July 22, 2004
JENNER, GREGORY FRANKLIN, to be Assistant Secretary of the
Treasury, Department of the Treasury; vice Pamela F. Olson,
resigned.
July 22, 2004--Received in the Senate and referred to the
Committee on Finance.
Dec. 8, 2004--Returned to the President under the provisions
of Senate Rule XXXI, paragraph 6 of the Standing Rules
of the Senate at the sine die adjournment of the 108th
Congress.
July 19, 2004
LEVINSON, DANIEL R., to be Inspector General, Department of
Health and Human Services; vice Janet Rehnquist, resigned.
July 19, 2004--Received in the Senate and referred to the
Committee on Finance.
Dec. 8, 2004--Returned to the President under the provisions
of Senate Rule XXXI, paragraph 6 of the Standing Rules
of the Senate at the sine die adjournment of the 108th
Congress.
May 13, 2004
COLVIN, JOHN O., to be Judge of the United States Tax Court,
the Judiciary.
May 13, 2004--Received in the Senate and referred to the
Committee on Finance.
May 19, 2004--Committee on Finance. Hearings held.
May 20, 2004--Committee on Finance. Ordered to be reported
favorably.
May 20, 2004--Reported by Senator Grassley, Committee on
Finance, without printed report.
May 20, 2004--Placed on Senate Executive Calendar. Calendar
No. 695. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
July 22, 2004--Confirmed by the Senate by Voice Vote.
May 11, 2004
BITSBERGER, TIMOTHY S., to be Assistant Secretary of the
Treasury, Department of the Treasury; vice Brian Carlton
Roseboro, resigned.
May 11, 2004--Received in the Senate and referred to the
Committee on Finance.
July 7, 2004--Committee on Finance. Hearings held.
July 20, 2004--Committee on Finance. Ordered to be reported
favorably.
July 20, 2004--Reported by Senator Grassley, Committee on
Finance, without printed report.
July 20, 2004--Placed on Senate Executive Calendar. Calendar
No. 795. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Nov. 21, 2004--Confirmed by the Senate by Voice Vote.
Apr. 8, 2004
O'CARROLL, JR., PATRICK P., to be Inspector General, Social
Security Administration, Social Security Administration;
vice James G. Huse, Jr., retired.
Apr. 8, 2004--Received in the Senate and referred to the
Committee on Finance, and if and when reported, to be
sequentially referred to the Committee on Governmental
Affairs for not more than 20 days.
July 7, 2004--Committee on Finance. Hearings held.
July 20, 2004--Committee on Finance. Ordered to be reported
favorably.
July 20, 2004--Reported by Senator Grassley, Committee on
Finance, without printed report.
July 20, 2004--Referred to the Committee on Governmental
Affairs pursuant to an order of the Senate of January
15, 2003.
Sept. 20, 2004--Senate Committee on Governmental Affairs
discharged. Pursuant to an order of the Senate on
January 15, 2003.
Sept. 20, 2004--Placed on Senate Executive Calendar. Calendar
No. 813.
Nov. 21, 2004--Confirmed by the Senate by Voice Vote.
Apr. 8, 2004
LEVEY, STUART, to be Under Secretary of the Treasury for
Enforcement, Department of the Treasury; vice Jimmy Gurule,
resigned.
Apr. 8, 2004--Received in the Senate and referred to the
Committee on Finance.
May 19, 2004--Committee on Finance. Hearings held.
May 20, 2004--Committee on Finance. Ordered to be reported
favorably.
May 20, 2004--Reported by Senator Grassley, Committee on
Finance, without printed report.
May 20, 2004--Placed on Senate Executive Calendar. Calendar
No. 698. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
July 8, 2004--Referred to the Committee on Banking, Housing,
and Urban Affairs by unanimous consent agreement on
July 8, 2004.
July 15, 2004--Committee on Banking, Housing, and Urban
Affairs. Hearings held.
July 20, 2004--Committee on Banking, Housing, and Urban
Affairs. Ordered to be reported favorably.
July 8, 2004--Referred to Senate Committee on Finance. By
unanimous consent agreement on July 8, 2004, ordering
that when the nomination is reported out by the
Committee on Banking, it also be automatically
discharged from the Committee on Finance and placed on
the Executive Calendar.
July 20, 2004--Reported by Senator Shelby, Committee on
Banking, Housing, and Urban Affairs, without printed
report.
July 20, 2004--Senate Committee on Finance discharged by
Unanimous Consent. Agreement of July 8, 2004.
July 20, 2004--Placed on Senate Executive Calendar. Calendar
No. 799. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
July 21, 2004--Confirmed by the Senate by Voice Vote.
Mar. 11, 2004
ZARATE, JUAN CARLOS, to be Assistant Secretary of the Treasury,
Department of the Treasury; vice Kenneth Lawson, resigned.
Mar. 11, 2004--Received in the Senate and referred to the
Committee on Finance.
May 19, 2004--Committee on Finance. Hearings held.
May 20, 2004--Committee on Finance. Ordered to be reported
favorably.
May 20, 2004--Reported by Senator Grassley, Committee on
Finance, without printed report.
May 20, 2004--Placed on Senate Executive Calendar. Calendar
No. 697. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
July 8, 2004--Referred to the Committee on Banking, Housing,
and Urban Affairs by unanimous consent agreement on
July 8, 2004.
July 15, 2004--Committee on Banking, Housing, and Urban
Affairs. Hearings held.
July 20, 2004--Committee on Banking, Housing, and Urban
Affairs. Ordered to be reported favorably.
July 8 , 2004--Referred to Senate Committee on Finance. By
unanimous consent agreement on July 8, 2004, ordering
that when the nomination is reported out by the
Committee on Banking, it also be automatically
discharged from the Committee on Finance and placed on
the Executive Calendar.
July 20, 2004--Reported by Senator Shelby, Committee on
Banking, Housing, and Urban Affairs, without printed
report.
July 20, 2004--Senate Committee on Finance discharged by
Unanimous Consent. Agreement of July 8, 2004.
July 20, 2004--Placed on Senate Executive Calendar. Calendar
No. 798. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
July 21, 2004--Confirmed by the Senate by Voice Vote.
Feb. 26, 2004
McCLELLAN, MARK B., to be Administrator of the Centers for
Medicare and Medicaid Services, Centers for Medicare and
Medicaid Services; vice Thomas Scully, resigned.
Feb. 26, 2004--Received in the Senate and referred to the
Committee on Finance.
Mar. 8, 2004--Committee on Finance. Hearings held.
Mar. 9, 2004--Committee on Finance. Ordered to be reported
favorably.
Mar. 9, 2004--Reported by Senator Grassley, Committee on
Finance, without printed report.
Mar. 9, 2004--Placed on Senate Executive Calendar. Calendar
No. 587. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Mar. 12, 2004--Confirmed by the Senate by Voice Vote.
Jan. 21, 2004
BELT, BRADLEY D., to be Member of the Social Security Advisory
Board, Social Security Administration; vice Stanford G.
Ross, term expired, to which position he was appointed
during the last recess of the Senate.
Jan. 21, 2004--Received in the Senate and referred to the
Committee on Finance.:
Apr. 26, 2004--Received message of withdrawal of nomination
from the President.
Dec. 9, 2003
ROSEBORO, BRIAN CARLTON, to be Under Secretary of the Treasury,
Department of the Treasury; vice Peter R. Fisher, resigned.
Dec. 9, 2003--Received in the Senate and referred to the
Committee on Finance.
Mar. 8, 2004--Committee on Finance. Hearings held.
Mar. 9, 2004--Committee on Finance. Ordered to be reported
favorably.
Mar. 9, 2004--Reported by Senator Grassley, Committee on
Finance, without printed report.
Mar. 9, 2004--Placed on Senate Executive Calendar. Calendar
No. 585. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Apr. 8, 2004--Confirmed by the Senate by Voice Vote.
Dec. 9, 2003
KORB, DONALD, to be Chief Counsel for the Internal Revenue
Service and Assistant General Counsel in the Department of
the Treasury; vice and an Assistant General Counsel in the
Department of the Treasury, vice B. John Williams, Jr.
Dec. 9, 2003--Received in the Senate and referred to the
Committee on Finance.
Mar. 8, 2004--Committee on Finance. Hearings held.
Mar. 30, 2004--Committee on Finance. Ordered to be reported
favorably.
Mar. 30, 2004--Reported by Senator Grassley, Committee on
Finance, without printed report.
Mar. 30, 2004--Placed on Senate Executive Calendar. Calendar
No. 597. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Apr. 8, 2004--Confirmed by the Senate by Voice Vote.
Dec. 9, 2003
KOLBE, CHARLES L., to be Member of the Internal Revenue Service
Oversight Board, Department of the Treasury; vice Oversight
Board for the remainder of the term expiring September 14,
2004, vice Steve H. Nickles, resigned.
Dec. 9, 2003--Received in the Senate and referred to the
Committee on Finance.
July 20, 2004--Committee on Finance. Ordered to be reported
favorably.
July 20, 2004--Reported by Senator Grassley, Committee on
Finance, without printed report.
July 20, 2004--Placed on Senate Executive Calendar. Calendar
No. 796. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
July 22, 2004--Confirmed by the Senate by Voice Vote.
Dec. 9, 2003
JONES, PAUL, to be Member of the Internal Revenue Service
Oversight Board, Department of the Treasury; vice Oversight
Board for a term expiring September 14, 2008, vice Charles
L. Kolbe, term expired.
Dec. 9, 2003--Received in the Senate and referred to the
Committee on Finance.
July 7, 2004--Committee on Finance. Hearings held.
July 20, 2004--Committee on Finance. Ordered to be reported
favorably.
July 20, 2004--Reported by Senator Grassley, Committee on
Finance, without printed report.
July 20, 2004--Placed on Senate Executive Calendar. Calendar
No. 797. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Nov. 21, 2004--Confirmed by the Senate by Voice Vote.
Dec. 9, 2003
JEPSON, ROBERT, to be Member of the Internal Revenue Service
Oversight Board, Department of the Treasury; vice Oversight
Board for a term expiring September 14, 2008, vice Karen
Hastie Williams, term expired.
Dec. 9, 2003--Received in the Senate and referred to the
Committee on Finance.
Sept. 13, 2004--Received message of withdrawal of nomination
from the President.
Dec. 9, 2003
BODMAN, SAMUEL W., to be Deputy Secretary of the Treasury,
Department of the Treasury; vice Kenneth W. Dam, resigned.
Dec. 9, 2003--Received in the Senate and referred to the
Committee on Finance.
Feb. 10, 2004--Committee on Finance. Hearings held.
Feb. 12, 2004--Committee on Finance. Ordered to be reported
favorably.
Feb. 12, 2004--Reported by Senator Grassley, Committee on
Finance, without printed report.
Feb. 12, 2004--Placed on Senate Executive Calendar. Calendar
No. 553. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Feb. 12, 2004--Confirmed by the Senate by Voice Vote.
Nov. 25, 2003
WARSHAWSKY, MARK J., to be Assistant Secretary of Treasury,
Department of the Treasury; vice Richard Clarida, resigned.
Nov. 25, 2003--Received in the Senate and referred to the
Committee on Finance.
Mar. 8, 2004--Committee on Finance. Hearings held.
Mar. 9, 2004--Committee on Finance. Ordered to be reported
favorably.
Mar. 9, 2004--Reported by Senator Grassley, Committee on
Finance, without printed report.
Mar. 9, 2004--Placed on Senate Executive Calendar. Calendar
No. 586. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Mar. 12, 2004--Confirmed by the Senate by Voice Vote.
Nov. 19, 2003
GEORGE, J. RUSSELL, to be Inspector General for Tax
Administration, Department of the Treasury; vice David C.
Williams.
Nov. 19, 2003--Received in the Senate and referred to the
Committee on Finance.
July 7, 2004--Committee on Finance. Hearings held.
Sept. 15, 2004--Committee on Finance. Committee consideration
held.
Sept. 20, 2004--Reported by Senator Grassley, Committee on
Finance, without printed report.
Sept. 20, 2004--Committee on Finance. Ordered to be reported
favorably.
Sept. 20, 2004--Received in the Senate and referred to the
Committee on Governmental Affairs for not to exceed 20
days pursuant to the order of January 15, 2003.
Oct. 10, 2004--Senate Committee on Governmental Affairs
discharged. Pursuant to an order of the Senate of
January 15, 2003.
Oct. 10, 2004--Placed on Senate Executive Calendar pursuant
to an order of the Senate of January 15, 2003. Calendar
No. 924.
Nov. 21, 2004--Confirmed by the Senate by Voice Vote.
Oct. 29, 2003
HAVENS, ARNOLD I., to be General Counsel for the Department of
the Treasury, Department of the Treasury; vice David
Aufhauser.
Oct. 29, 2003--Received in the Senate and referred to the
Committee on Finance.
Nov. 18, 2003--Committee on Finance. Hearings held.
Nov. 21, 2003--Committee on Finance. Ordered to be reported
favorably.
Nov. 21, 2003--Reported by Senator Grassley, Committee on
Finance, without printed report.
Nov. 21, 2003--Placed on Senate Executive Calendar. Calendar
No. 489. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Dec. 9, 2003--Confirmed by the Senate by Voice Vote.
Oct. 1, 2003
PEARSON, DANIEL, to be Member of the United States
International Trade Commission, United States International
Trade Commission; vice Lynn M. Bragg, term expired, to
which position he was appointed during the last recess of
the Senate.
Oct. 1, 2003--Received in the Senate and referred to the
Committee on Finance.
Dec. 08, 2004--Returned to the President under the provisions
of Senate Rule XXXI, paragraph 6 of the Standing Rules
of the Senate at the sine die adjournment of the 108th
Congress.
Oct. 1, 2003
LANE, CHARLOTTE A., to be Member of the United States
International Trade Commission, United States International
Trade Commission; vice Dennis M. Devaney, to which position
she was appointed during the last recess of the Senate.
Oct. 1, 2003--Received in the Senate and referred to the
Committee on Finance.
Dec. 8, 2004--Returned to the President under the provisions
of Senate Rule XXXI, paragraph 6 of the Standing Rules
of the Senate at the sine die adjournment of the 108th
Congress.
Sept. 8, 2003
O'GRADY, MICHAEL, to be Assistant Secretary of Health and Human
Services, Department of Health and Human Services; vice
Piyush Jindal, resigned.
Sept. 8, 2003--Received in the Senate and referred to the
Committee on Finance.
Nov. 4, 2003--Committee on Finance. Hearings held.
Nov. 12, 2003--Committee on Finance. Ordered to be reported
favorably.
Nov. 12, 2003--Reported by Senator Grassley, Committee on
Finance, without printed report.
Nov. 12, 2003--Placed on Senate Executive Calendar. Calendar
No. 475. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Dec. 9, 2003--Confirmed by the Senate by Voice Vote.
Sept. 3, 2003
YOUNG, JENNIFER, to be Assistant Secretary of Health and Human
Services, Department of Health and Human Services; vice
Scott Whitaker.
Sept. 3, 2003--Received in the Senate and referred to the
Committee on Finance.
Nov. 4, 2003--Committee on Finance. Hearings held.
Nov. 12, 2003--Committee on Finance. Ordered to be reported
favorably.
Nov. 12, 2003--Reported by Senator Grassley, Committee on
Finance, without printed report.
Nov. 12, 2003--Placed on Senate Executive Calendar. Calendar
No. 474. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Dec. 9, 2003--Confirmed by the Senate by Voice Vote.
Sept. 3, 2003
BELT, BRADLEY D., to be Member of the Social Security Advisory
Board, Social Security Administration; vice Stanford G.
Ross, term expired.
Sept. 3, 2003--Received in the Senate and referred to the
Committee on Finance.
Nov. 4, 2003--Committee on Finance. Hearings held.
Nov. 12, 2003--Committee on Finance. Ordered to be reported
favorably.
Nov. 12, 2003--Reported by Senator Grassley, Committee on
Finance, without printed report.
Nov. 12, 2003--Placed on Senate Executive Calendar. Calendar
No. 473. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Apr. 26, 2004--Received message of withdrawal of nomination
from the President.
July 22, 2003
WEEMS, KERRY N., to be Assistant Secretary of Health and Human
Services, Department of Health and Human Services; vice
Janet Hale, resigned.
July 22, 2003--Received in the Senate and referred to the
Committee on Finance.
Sept. 4, 2003--Received message of withdrawal of nomination
from the President.
July 17, 2003
SCHWAB, SUSAN C., to be Deputy Secretary of the Treasury,
Department of the Treasury; vice Kenneth W. Dam, resigned.
July 17, 2003--Received in the Senate and referred to the
Committee on Finance.
Dec. 9, 2003--Received message of withdrawal of nomination
from the President.
June 2, 2003
SHINER, JOSETTE SHEERAN, to be Deputy United States Trade
Representative, Executive Office of the President; vice Jon
M. Huntsman, Jr.
June 2, 2003--Received in the Senate and referred to the
Committee on Finance.
June 26, 2003--Committee on Finance. Hearings held.
Aug. 1, 2003--Committee on Finance. Ordered to be reported
favorably.
July 31, 2003--Reported by Senator Grassley, Committee on
Finance, without printed report.
July 31, 2003--Placed on Senate Executive Calendar. Calendar
No. 344. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Aug. 1, 2003--Confirmed by the Senate by Voice Vote.
Apr. 10, 2003
NICHOLS, ROBERT STANLEY, to be Assistant Secretary, Department
of the Treasury; vice Michele A. Davis.
Apr. 10, 2003--Received in the Senate and referred to the
Committee on Finance.
July 31, 2003--Committee on Finance. Hearings held.
Aug. 1, 2003--Committee on Finance. Ordered to be reported
favorably.
July 31, 2003--Reported by Senator Grassley, Committee on
Finance, without printed report.
July 31, 2003--Placed on Senate Executive Calendar. Calendar
No. 346. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Aug. 1, 2003--Confirmed by the Senate by Voice Vote.
Apr. 9, 2003
JOCHUM, JAMES J., to be Assistant Secretary, Department of
Commerce; vice Faryar Shirzad.
Apr. 9, 2003--Received in the Senate and referred to the
Committee on Finance (for Import Administration).
June 26, 2003--Committee on Finance. Hearings held.
Aug. 1, 2003--Committee on Finance. Ordered to be reported
favorably.
July 31, 2003--Reported by Senator Grassley, Committee on
Finance, without printed report.
July 31, 2003--Placed on Senate Executive Calendar. Calendar
No. 345. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Aug. 1, 2003--Confirmed by the Senate by Voice Vote.
Apr. 2, 2003
RESSEL, TERESA M., to be Assistant Secretary of the Treasury,
Department of the Treasury; vice Edward Kingman, Jr.
Apr. 2, 2003--Received in the Senate and referred to the
Committee on Finance.
July 31, 2003--Committee on Finance. Hearings held.
Aug. 1, 2003--Senate Committee on Finance discharged by
Unanimous Consent.
Aug. 1, 2003--Confirmed by the Senate by Voice Vote.
Feb. 25, 2003
HOLMES, MARK VAN DYKE, to be Judge of the United States Tax
Court, The Judiciary; vice Julian L. Jacobs, term expired.
Feb. 25, 2003--Received in the Senate and referred to the
Committee on Finance.
Apr. 1, 2003--Committee on Finance. Hearings held.
Apr. 2, 2003--Committee on Finance. Ordered to be reported
favorably.
Apr. 2, 2003--Reported by Senator Grassley, Committee on
Finance, without printed report.
Apr. 2, 2003--Placed on Senate Executive Calendar. Calendar
No. 102. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Apr. 3, 2003--Confirmed by the Senate by Voice Vote.
Feb. 25, 2003
KROUPA, DIANE L., to be Judge of the United States Tax Court,
the Judiciary; vice Robert P. Ruwe, term expired.
Feb. 25, 2003--Received in the Senate and referred to the
Committee on Finance.
Apr. 3, 2003--Confirmed by the Senate by Voice Vote.
Feb. 12, 2003
HAINES, HARRY A., to be Judge of the United States Tax Court,
The Judiciary; vice Renato Beghe, retiring.
Feb. 12, 2003--Received in the Senate and referred to the
Committee on Finance.
Apr. 1, 2003--Committee on Finance. Hearings held.
Apr. 2, 2003--Committee on Finance. Ordered to be reported
favorably.
Apr. 2, 2003--Reported by Senator Grassley, Committee on
Finance, without printed report.
Apr. 2, 2003--Placed on Senate Executive Calendar. Calendar
No. 100. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Apr. 3, 2003--Confirmed by the Senate by Voice Vote.
Feb. 6, 2003
WHERRY, JR., ROBERT ALLEN, to be Judge of the United States Tax
Court, The Judiciary; vice Laurence J. Whalen, term
expired.
Feb. 6, 2003--Received in the Senate and referred to the
Committee on Finance.
Apr. 1, 2003--Committee on Finance. Hearings held.
Apr. 2, 2003--Committee on Finance. Ordered to be reported
favorably.
Apr. 2, 2003--Reported by Senator Grassley, Committee on
Finance, without printed report.
Apr. 2, 2003--Placed on Senate Executive Calendar. Calendar
No. 99. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Apr. 3, 2003--Confirmed by the Senate by Voice Vote.
Jan. 22, 2003
EVERSON, MARK W., to be Commissioner of Internal Revenue,
Department of the Treasury; vice Charles Rossotti, term
expired.
Jan. 22, 2003--Received in the Senate and referred to the
Committee on Finance.
Apr. 2, 2003--Committee on Finance. Ordered to be reported
favorably.
Apr. 2, 2003--Reported by Senator Grassley, Committee on
Finance, without printed report.
Apr. 2, 2003--Placed on Senate Executive Calendar. Calendar
No. 103. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
May 01, 2003--Confirmed by the Senate by Voice Vote.
Jan. 15, 2003
GOEKE, JOSEPH ROBERT, to be Judge of the United States Tax
Court, The Judiciary; vice Herbert L. Chabot.
Jan. 15, 2003--Received in the Senate and referred to the
Committee on Finance.
Feb. 12, 2003--Committee on Finance. Hearings held.
Apr. 2, 2003--Committee on Finance. Ordered to be reported
favorably.
Apr. 2, 2003--Reported by Senator Grassley, Committee on
Finance, without printed report.
Apr. 2, 2003--Placed on Senate Executive Calendar. Calendar
No. 98. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Apr. 3, 2003--Confirmed by the Senate by Voice Vote.
Jan. 13, 2003
SNOW, JOHN W., to be Secretary of the Treasury, Department of
the Treasury; vice Paul Henry O'Neill, resigned.
Jan. 13, 2003--Received in the Senate and referred to the
Committee on Finance.
Jan. 30, 2003--Committee on Finance. Ordered to be reported
favorably.
Jan. 30, 2003--Reported by Senator Grassley, Committee on
Finance, without printed report.
Jan. 30, 2003--Placed on Senate Executive Calendar. Calendar
No. 20. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Jan. 30, 2003--Confirmed by the Senate by Unanimous Consent
Vote.
Jan. 9, 2003
WAGNER, JR., RAYMOND T., to be Member of, Department of the
Treasury; vice Oversight Board for the remainder of the
term expiring September 14, 2004, vice George L. Farr.
Jan. 9, 2003--Received in the Senate and referred to the
Committee on Finance.
Feb. 12, 2003--Committee on Finance. Hearings held.
Apr. 2, 2003--Committee on Finance. Ordered to be reported
favorably.
Apr. 2, 2003--Reported by Senator Grassley, Committee on
Finance, without printed report.
Apr. 2, 2003--Placed on Senate Executive Calendar. Calendar
No. 104. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Apr. 3, 2003--Confirmed by the Senate by Voice Vote.
Jan. 9, 2003
PEARSON, DANIEL, to be Member of, United States International
Trade Commission; vice Lynn M. Bragg, term expired.
Jan. 9, 2003--Received in the Senate and referred to the
Committee on Finance.
Feb. 12, 2003--Committee on Finance. Hearings held.
Mar. 5, 2003--Committee on Finance. Ordered to be reported
favorably.
Mar. 5, 2003--Reported by Senator Grassley, Committee on
Finance, without printed report.
Mar. 5, 2003--Placed on Senate Executive Calendar. Calendar
No. 48. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Nov. 21, 2004--Confirmed by the Senate by Voice Vote.
Jan. 9, 2003
LANE, CHARLOTTE A., to be Member of, United States
International Trade Commission; vice Dennis M. Devaney.
Jan. 9, 2003--Received in the Senate and referred to the
Committee on Finance.
Feb. 12, 2003--Committee on Finance. Hearings held.
Mar. 5, 2003--Reported by Senator Grassley, Committee on
Finance, without printed report.
Mar. 5, 2003--Placed on Senate Executive Calendar. Calendar
No. 49. Subject to nominee's commitment to respond to
requests to appear and testify before any duly
constituted committee of the Senate.
Nov. 21, 2004--Confirmed by the Senate by Voice Vote.
Jan. 7, 2003
BOWER, GLEN L., to be Judge of the United States Tax Court, The
Judiciary; vice Carolyn Miller Parr, term expired.
Jan. 7, 2003--Received in the Senate and referred to the
Committee on Finance.
Mar. 22, 2004--Received message of withdrawal of nomination
from the President.
REPORTS, PRINTS, AND STUDIES
During the 108th Congress, the Committee and supporting
Joint Committees, prepared and issued 24 reports, special
prints, and studies on the following topics:
No. Title
108-036 Clean Diamond Trade Act (S. 760)
108-078 Availability of SCHIP Allotments for Fiscal Years 1998 through
2001 (S. 312)
108-281 Approving the Renewal of Import Restrictions Contained in the
Burmese Freedom and Democracy Act of 2003 (S.J. Res. 39)
108-031 Report on the Activities of the Committee on Finance of the
United States Senate during the 107th Congress Pursuant To
Rule XXVI of the Standing Rules of the United States Senate
108-042 Tax Court Modernization Act (S. 753)
108-157 Family Opportunity Act of 2003 (S. 622)
108-003 Armed Forces Tax Fairness Act of 2003 (S. 351)
108-317 United States-Morocco Free Trade Agreement Implementation Act
Filed, Under Authority of the Order of the Senate of July 22,
2004 (S. 2677)
108-316 United States-Australia Free Trade Agreement Implementation
Act Filed Under Authority of the Order of the Senate of July
22, 2004 (S. 2610)
108-117 United States-Singapore Free Trade Agreement Implementation
Act (S. 1417)
108-176 Social Security Protection Act of 2003 (H.R. 743)
108-116 United States-Chile Free Trade Agreement Implementation Act
(S. 1416)
108-054 Energy Tax Incentives Act of 2003 (S. 1149)
108-257 Tax Administration Good Government Act (S. 882)
108-011 Savings for Working Families Act of 2003 (CARE) (S. 476)
108-028 Miscellaneous Trade and Technical Corrections Act of 2003 (S.
671)
108-266 National Employee Savings and Trust Equity Guarantee Act (S.
2424)
108-162 Personal Responsibility and Individual Development for
Everyone Act (PRIDE) (H.R. 4)
108-192 Jumpstart Our Business Strength (JOBS) Act (S. 1637)
108-053 Description of the John Breaux Elder Justice Act (Committee
Print)
108-696 Working Families Tax Relief Act of 2004 (H.R. 1308) (Committee
Print)
108-026 Description of the Jobs and Growth Reconciliation Act of 2003
(Committee Print)
108-029 Description of the Prescription Drug and Medicare Improvement
Act of 2003 (Committee Print)
108-015 Report of Staff Investigation of Enron Corp. and Related
Entities Regarding the Guatemalan Power Project (Committee
Print)
OFFICIAL COMMUNICATIONS
During the 108th Congress, a total of 1,055 official
communications were submitted to the Committee. Of these, 20
were Presidential Messages; 945 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 90 petitions and memorials.
STATUS OF BILLS ON WHICH LEGISLATIVE ACTION WAS TAKEN
S. 185, To Establish a Chief Agricultural Negotiator in the Office of
the U.S. Trade Representative. Reported in Senate Nov. 3, 1999
(Finance Committee discharge). Passed Senate Nov. 3, 1999 (Referred
to House Ways and Means Committee Nov. 4, 1999).
S. 262 (H.R. 435), Miscellaneous Trade and Technical Corrections Act of
1999. Reported in Senate Feb. 3, 1999, Senate Report 106-2. Passed
Senate (See H.R. 435).
S. 279 (H.R. 5), Senior Citizen's Freedom to Work Act. Reported in
Senate (See H.R. 5).
S. 331 (H.R. 1180), Work Incentives Improvement Act of 1999. Reported
in Senate Mar. 26, 1999, Senate Report 106-37. Passed Senate June
16, 1999 (Senate incorporated this measure in H.R. 1180 Oct. 21,
1999), (Senate Passed H.R. 1180 in lieu of this measure). (See H.R.
1180).
S. 494, Nursing Home Residential Security Act of 1999. Reported in
Senate Mar. 10, 1999, Senate Report 106-13 (Placed on Senate
Calendar).
S. 662 (H.R. 4386), Breast and Cervical Cancer Treatment Act. Reported
in Senate June 27, 2000, Senate Report 106-323.
S. 1134, Affordable Education Act of 1999. Reported in Senate May 26,
1999, Senate Report 106-54. Passed Senate Mar. 2, 2000.
S. 1254, Steel Trade Enforcement Act of 1999. Reported in Senate June
21, 1999 (Without written report). Sept. 10, 1999 (Report filed--
Senate Report 106-155).
S. 1386, Trade Adjustment Assistance Act. Reported in Senate July 16,
1999 (Without written report). July 22, 1999 (Report filed--Senate
Report 106-119).
S. 1387, African Growth and Opportunity Act. Reported in Senate July
16, 1999 (Without written report). July 20, 1999 (Report filed--
Senate Report 106-112). Passed Senate (See H.R. 434).
S. 1388, To Extend the Generalized System of Preferences. Reported in
Senate July 16, 1999 (Without written report). Aug. 4, 1999 (Report
filed--Senate Report 106-137).
S. 1389, U.S.-Caribbean Basin Trade Enhancement Act. Reported in Senate
July 16, 1999 (Without written report). Sept. 16, 1999 (Report
filed--Senate Report 106-160).
S. 1429, Taxpayer Refund Act of 1999. Reported in Senate July 26, 1999,
Senate Report 106-120 (July 30, 1999--returned to Senate Calendar).
Passed Senate (Senate incorporated this measure in H.R. 2488, July
30, 1999. (Passed H.R. 2488 in lieu of this measure) (See H.R.
2488).
S. 1788, Medicare, Medicaid, and SCHIP Adjustment Act of 1999. Reported
in Senate Oct. 26, 1999, Senate Report 106-199 (Placed on Senate
Calendar).
S. 1792, Tax Relief Extension Act of 1999. Reported in Senate Oct. 26,
1999, Senate Report 106-201. Passed Senate Oct. 29, 1999, (See
Conference Report On H.R. 1180--Report 106-478).
S. 1928, Medicare Subvention Demonstration for Veterans Act of 1999.
Reported in Senate Nov. 16, 1999, Senate Report 106-222 (Placed on
Senate Calendar).
S. 2277 (H.R. 4444), China Permanent Normal Trade Relations. Reported
in Senate May 25, 2000, Senate Report 106-305 (See H.R. 4444).
S. 2346 (H.R. 6), Marriage Tax Relief Act of 2000. Reported in Senate
Apr. 4, 2000, Senate Report 106-253 (Placed on Senate Calendar).
(See H.R. 6).
S. 2742 (H.R. 4717), Tax Exempt Political Disclosure Act. Reported in
Senate (June 15, 2000--Introduced in the Senate) (June 16, 2000--
Read second time and placed on the Calendar).
S. 2839 (H.R. 4810), Marriage Tax Reconciliation Act of 2000. Reported
in Senate July 5, 2000, Senate Report 106-329. Passed Senate (July
14, 2000 Senate incorporated this measure in H.R. 4810 as an
amendment).
S. 3267, Retired Coal Miners Health Benefit Security Act. Reported in
Senate Nov. 1, 2000, Senate Report 106-512 (Placed on Senate
Calendar).
S. Res. 150, Authorizing Expenditures by the Committee on Finance.
Reported in Senate July 15, 1999, (Without written report).
Referred to the Committee on Rules.
H.R. 5, Senior Citizen's Freedom to Work Act of 2000. Reported in House
Mar. 1, 2000, House Report 106-507 (Ways and Means). Passed House
Mar. 1, 2000. Reported in Senate (Mar. 2, 2000, Received In Senate
Placed on Calendar). Passed Senate Mar. 22, 2000. Signed Into Law
Apr. 7, 2000. To amend title II of the Social Security Act to
eliminate the earnings test for individuals who have attained
retirement age.
H.R. 6 (S. 2346), Marriage Tax Penalty Relief. Reported in House Feb.
7, 2000, House Report 106-493. Passed House Feb. 10, 2000. Reported
in Senate (Apr. 11, 2000 Laid before the Senate) (Apr. 27, 2000
Cloture motion not invoked).
H.R. 8, Estate Tax Elimination. Reported in House June 6, 2000, House
Report 106-651. Passed House June 9, 2000. Reported in Senate (June
12, 2000 Received In Senate). Passed Senate July 14, 2000. Signed
Into Law (Vetoed by President--Aug. 31, 2000).
H.R. 434, African Growth & Opportunity Act. Reported in House Feb. 16,
1999 (International Relations) House Report 106-19 part I, June 17,
1999 (Ways and Means) House Report 106-19 part II. Passed House
July 16, 1999. Passed Senate Nov. 3, 1999. Conference Report Agreed
to in House May 4, 2000, Report 106-606. Conference Report Agreed
to in Senate May 11, 2000, Report 106-606. Signed Into Law May 18,
2000. To authorize a new trade and investment policy for sub-Sahara
Africa, expand trade benefits to the countries in the Caribbean
Basin, renew the generalized system of preferences, and reauthorize
the trade adjustment assistance programs. May 11, 2000--Cleared for
White House. May 15, 2000--Message on Senate action sent to the
House. May 16, 2000--Presented to President. May 18, 2000--Signed
by President. Became Public Law: 106-200.
H.R. 435 (S.262), Miscellaneous Trade & Technical Corrections Act.
Passed House Feb. 9, 1999. Passed Senate May 27, 1999. Signed Into
Law June 25, 1999. To make miscellaneous and technical changes to
various trade laws, and for other purposes. June 7, 1999--Cleared
for White House. June 14, 1999--Presented to President. June 25,
1999--Signed by President. Became Public Law: 106-36.
H.R. 1102, Pension Reform Act. Reported in House Sept. 24, 1999, Report
106-331, part I. Passed House July 19, 2000 (July 20, 2000 Received
In the Senate). Reported in Senate Sept. 13, 2000, Report 106-411.
H.R. 1180 (S.331), Ticket to Work. Reported in House July 1, 1999,
House Report 106-220, part I. Passed House Oct. 19, 1999. Passed
Senate Oct. 21, 1999. Conference Report Agreed to in House Nov. 18,
1999, Report 106-478. Conference Report Agreed to in Senate Nov.
19, 1999, Report 106-478. Signed Into Law Dec. 17, 1999. To amend
the Social Security Act to expand the availability of health care
coverage for working individuals with disabilities, to establish a
Ticket to Work and Self-Sufficiency Program in the Social Security
Administration, to provide such individuals with meaningful
opportunities to work, and for other purposes. Nov. 18, 1999--
Cleared for White House. Dec. 6, 1999--Presented to President. Dec.
17, 1999--Signed by President. Became Public Law: 106-170.
H.R. 1264, Right to Know National Payroll Act. Passed House July 18,
2000 (July 19, 2000, Received in the Senate, placed on Calendar).
H.R. 1802, Foster Care Independence Act of 1999. Reported in House June
10, 1999, Report 106-182, part I (Ways and Means). Passed House
June 25, 1999. Reported in Senate June 30, 1999 (Finance Committee
discharged). Passed Senate Nov. 19, 1999.
H.R. 1833, Trade Agency Authorizations, Drug Free Borders, and
Prevention of On-Line Child Pornography Act of 1999. Reported in
House May 24, 1999, Report 106-161 (Ways and Means). Passed House
May 25, 1999. Reported in Senate July 20, 1999 (Without written
report) Sept. 10, 1999 (Report filed--Senate Report 106-156).
Passed Senate Aug. 5, 1999.
H.R. 2488, Marriage Penalty. Reported in House July 16, 1999, House
Report 106-238. Passed House July 22, 1999. Passed Senate July 30,
1999. Conference Report Agreed to in House Aug. 4, 1999, Report
106-289. Conference Report Agreed to in Senate Aug. 5, 1999, Report
106-289. (Vetoed by President--Sept. 23, 1999).
H.R. 2723, Managed Care Improvement Act. Reported in Senate Oct. 7,
1999 (Laid on the table), (Text of H.R. 2723 was added as new
matter to H.R. 2990).
H.R. 3070 (S. 331), Ticket to Work. Reported in House Oct. 18, 1999,
(Ways and Means) Report 106-393, part I.
H.R. 3073, Fathers Count Act of 1999. Reported in House Oct. 28, 1999,
Report 106-424, part I. Passed House Nov. 10, 1999. Reported in
Senate (Nov. 16, 1999--Received in Senate) (Nov. 19, 1999 Referred
to Finance Committee).
H.R. 3075, Medicare Balanced Budget Refinement Act of 1999. Reported in
House Nov. 2, 1999 Report 106-436, part I. Passed House Nov. 6,
1999. Reported in Senate (Nov. 8, 1999. Received in Senate) (Nov.
19, 1999 Referred to Finance).
H.R. 3916, Telephone Excise Tax. Reported in House May 22, 2000, House
Report 106-631. Passed House May 25, 2000. Reported in Senate July
5, 2000, Report 106-328 (Placed on Senate calendar).
H.R. 4163, Taxpayer Bill of Rights 2000. Reported in House Apr. 10,
2000 Report 106-506. Passed House Apr. 11, 2000. Reported in Senate
(Apr. 12, 2000--Received in Senate and referred to Finance
Committee).
H.R. 4199, To Terminate the Internal Revenue Code of 1986. Passed House
Apr. 13, 2000. Reported in Senate (May 2, 2000--Received in the
Senate and referred to Finance Committee).
H.R. 4444, China Permanent Normal Trade Relations. Reported in House
May 22, 2000, House Report 106-632. Passed House May 24, 2000.
Reported in Senate (July 27, 2000 Cloture on motion to proceed by
Senate). Passed Senate Sept. 19, 2000. Signed Into Law Oct. 10,
2000. To authorize extension of nondiscriminatory treatment (normal
trade relations treatment) to the People's Republic of China, and
to establish a framework for relations between the United States
and the People's Republic of China. Sept. 19, 2000--Cleared for
White House. Oct. 6, 2000--Message on Senate action sent to the
House. Oct. 10, 2000--Presented to President. Oct. 10, 2000--Signed
by President.
H.R. 4680, Medicare Prescription Drugs. Reported in House June 27,
2000, Report 106-703, part I. Passed House June 28, 2000. Reported
in Senate (June 29, 2000--Received in Senate) (June 30, 2000--Read
second time and placed on Senate Calendar).
H.R. 4717 (S. 2742), 527 and Tax-Exempt Organizations. Reported in
House June 27, 2000, Report 106-702 (Placed on Union calendar).
H.R. 4810 (S. 2839), Marriage Tax Relief Reconciliation Act of 2000.
Passed House July 12, 2000. Passed Senate July 18, 2000. Conference
Report Agreed to in House July 19, 2000, Report 106-765. Conference
Report Agreed to in Senate July 21, 2000, Report 106-765. (Aug. 5,
2000 Vetoed by the President).
H.R. 4843, Pension Reform. Reported in House July 17, 2000, Report 106-
753 (July 19, 2000--Text as reported was considered as adopted in
H.R. 1102).
H.R. 4844, Railroad Retirement and Survivors' Improvement Act of 2000.
Reported in House July 20, 2000 Committee on Transportation. Report
106-777, part I. July 26, 2000, Ways and Means Report 106-777, part
II. Passed House Sept. 7, 2000. Reported in Senate Oct. 3, 2000,
Report 106-475.
H.R. 4865, Social Security Benefits Tax Relief Act of 2000. Reported in
House July 24, 2000, Report 106-780. Passed House July 27, 2000.
Reported in Senate (July 23, 2000--Received in the Senate and
referred to Finance Committee).
H.R. 4866, Debt Relief Reconciliation. Passed House July 18, 2000.
Reported in Senate (July 19, 2000 Received In the Senate and
referred to Finance Committee).
H.R. 4868, Miscellaneous Trade & Technical Corrections Act of 2000.
Reported in House July 25, 2000, Report 106-789. Passed House July
25, 2000. Reported in Senate Oct. 12, 2000, Report 106-503. Passed
Senate Oct. 13, 2000. Signed Into Law Nov. 9, 2000. To amend the
Harmonized Tariff Schedule of the United States to modify
temporarily certain rates of duty, to make other technical
amendments to the trade laws, and for other purposes. Oct. 26,
2000--Cleared for White House. Nov. 2, 2000--Presented to
President. Nov. 9, 2000--Signed by President. Became Public Law:
106-476.
H.R. 4923, Community Renewal. Passed House July 25, 2000. Reported in
Senate (July 26, 2000--Received in the Senate) (July 27, 2000--Read
first time and placed on Senate Calendar).
H.R. 4986, Foreign Sales Corporation Repeal & Extraterritorial Income
Exclusion Act of 2000. Reported in House Sept. 13, 2000 Report 106-
845. Passed House Sept. 13, 2000. Reported in Senate Sept. 20, 2000
Report 106-416. Passed Senate Nov. 1, 2000. Signed Into Law Nov.
15, 2000. To amend the Internal Revenue Code of 1986 to repeal the
provisions relating to foreign sales corporations (FSCs) and to
exclude extraterritorial income from gross income. Nov. 14, 2000--
Cleared for White House. Nov. 14, 2000--Presented to President.
Nov. 15, 2000--Signed by President. Nov. 15, 2000. Became Public
Law: 106-519. deg.