[Senate Report 113-5]
[From the U.S. Government Publishing Office]
113th Congress Report
SENATE
1st Session 113-5
_______________________________________________________________________
R E P O R T
ON THE ACTIVITIES
of the
COMMITTEE ON FINANCE
of the
UNITED STATES SENATE
during the
112th CONGRESS
pursuant to
Rule XXVI of the Standing Rules
of the
UNITED STATES SENATE
March 21, 2013.--Ordered to be printed
?
[112th Congress--Committee Membership]
COMMITTEE ON FINANCE
MAX BAUCUS, Montana, Chairman
JOHN D. ROCKEFELLER IV, West ORRIN G. HATCH, Utah
Virginia CHUCK GRASSLEY, Iowa
KENT CONRAD, North Dakota OLYMPIA J. SNOWE, Maine
JEFF BINGAMAN, New Mexico JON KYL, Arizona
JOHN F. KERRY, Massachusetts MIKE CRAPO, Idaho
RON WYDEN, Oregon PAT ROBERTS, Kansas
CHARLES E. SCHUMER, New York JOHN ENSIGN, Nevada\1\
DEBBIE STABENOW, Michigan MICHAEL B. ENZI, Wyoming
MARIA CANTWELL, Washington JOHN CORNYN, Texas
BILL NELSON, Florida TOM COBURN, Oklahoma
ROBERT MENENDEZ, New Jersey JOHN THUNE, South Dakota
THOMAS R. CARPER, Delaware RICHARD BURR, North
BENJAMIN L. CARDIN, Maryland Carolina\2\
Russell Sullivan, Staff Director
Chris Campbell, Republican Staff Director
SUBCOMMITTEES
______
HEALTH CARE
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
JEFF BINGAMAN, New Mexico JOHN ENSIGN, Nevada\1\
JOHN F. KERRY, Massachusetts CHUCK GRASSLEY, Iowa
RON WYDEN, Oregon JON KYL, Arizona
DEBBIE STABENOW, Michigan PAT ROBERTS, Kansas
MARIA CANTWELL, Washington MICHAEL B. ENZI, Wyoming
ROBERT MENENDEZ, New Jersey JOHN CORNYN, Texas
THOMAS R. CARPER, Delaware TOM COBURN, Oklahoma
BENJAMIN L. CARDIN, Maryland RICHARD BURR, North Carolina\3\
______
TAXATION AND IRS OVERSIGHT
KENT CONRAD, North Dakota, Chairman
MAX BAUCUS, Montana JON KYL, Arizona
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
CHARLES E. SCHUMER, New York MIKE CRAPO, Idaho
RON WYDEN, Oregon PAT ROBERTS, Kansas
MARIA CANTWELL, Washington JOHN ENSIGN, Nevada\1\
BILL NELSON, Florida MICHAEL B. ENZI, Wyoming
ROBERT MENENDEZ, New Jersey JOHN CORNYN, Texas
THOMAS R. CARPER, Delaware TOM COBURN, Oklahoma\3\
BENJAMIN L. CARDIN, Maryland JOHN THUNE, South Dakota
(ii)
?
ENERGY, NATURAL RESOURCES, AND INFRASTRUCTURE
JEFF BINGAMAN, New Mexico, Chairman
JOHN D. ROCKEFELLER IV, West JOHN CORNYN, Texas
Virginia CHUCK GRASSLEY, Iowa
KENT CONRAD, North Dakota PAT ROBERTS, Kansas
JOHN F. KERRY, Massachusetts MICHAEL B. ENZI, Wyoming
MARIA CANTWELL, Washington JOHN THUNE, South Dakota
BILL NELSON, Florida RICHARD BURR, North Carolina\3\
THOMAS R. CARPER, Delaware
______
INTERNATIONAL TRADE, CUSTOMS, AND GLOBAL COMPETITIVENESS
RON WYDEN, Oregon, Chairman
JOHN D. ROCKEFELLER IV, West JOHN THUNE, South Dakota
Virginia ORRIN G. HATCH, Utah
JOHN F. KERRY, Massachusetts CHUCK GRASSLEY, Iowa
CHARLES E. SCHUMER, New York MIKE CRAPO, Idaho
DEBBIE STABENOW, Michigan PAT ROBERTS, Kansas
BILL NELSON, Florida
ROBERT MENENDEZ, New Jersey
______
SOCIAL SECURITY, PENSIONS, AND FAMILY POLICY
DEBBIE STABENOW, Michigan, Chairman
JOHN D. ROCKEFELLER IV, West TOM COBURN, Oklahoma
Virginia ORRIN G. HATCH, Utah
CHARLES E. SCHUMER, New York JON KYL, Arizona
BENJAMIN L. CARDIN, Maryland
______
FISCAL RESPONSIBILITY AND ECONOMIC GROWTH
BILL NELSON, Florida, Chairman
MAX BAUCUS, Montana MIKE CRAPO, Idaho
KENT CONRAD, North Dakota JOHN ENSIGN, Nevada\1\
JEFF BINGAMAN, New Mexico TOM COBURN, Oklahoma
RICHARD BURR, North Carolina\3\
----------
\1\Resigned from the Senate May 3, 2011.
\2\Joined committee May 11, 2011.
\3\Appointed May 11, 2011.
(iii)
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LETTER OF TRANSMITTAL
----------
U.S. Senate,
Committee on Finance,
Washington, DC, March 31, 2013.
Honorable Nancy Erickson,
Secretary, U.S. Senate,
Washington, DC.
Dear Madam Secretary: In accordance with rule XXVI of the
Standing Rules of the United States Senate and the pertinent
unanimous consent order pertaining to this rule, I am
transmitting herewith a report on the activities of the
Committee on Finance of the United States Senate for the 112th
Congress.
Sincerely,
Max Baucus, Chairman.
(v)
C O N T E N T S
__________
Page
112th Congress--Committee Membership............................. ii
Letter of Transmittal............................................ v
Committee Jurisdiction........................................... 1
Rules of Procedure............................................... 2
Tax--Summary of Activities....................................... 5
Full Committee Hearings...................................... 7
Bicameral Hearings........................................... 14
Roundtable, Joint Committee on Taxation...................... 15
Full Committee Executive Meetings............................ 15
Senators' Only Meetings...................................... 16
Subcommittee on Energy, Natural Resources, and Infrastructure 16
Subcommittee on Fiscal Responsibility and Economic Growth.... 17
Trade--Summary of Activities..................................... 19
Full Committee Hearings...................................... 21
Full Committee Executive Meetings............................ 22
Subcommittee on International Trade, Customs, and Global
Competitiveness............................................ 22
Health--Summary of Activities.................................... 25
Full Committee Hearings...................................... 27
Full Committee Legislative Activities........................ 30
Roundtable Discussions....................................... 30
Subcommittee on Health Care.................................. 32
Social Security--Summary of Activities........................... 33
Full Committee Hearings...................................... 33
Oversight and Investigations--Summary of Activities.............. 35
TARP Oversight............................................... 35
Health Care Conflicts of Interest............................ 35
Staff Report on Medtronic's Influence on Peer-Reviewed
Medical Journal Articles............................... 35
Staff Report on For-Profit Home Health Companies Gaming
Medicare Payment System................................ 35
Investigation into Narcotic Painkiller Manufacturers'
Ties to Medical Groups................................. 36
Staff Report on Sanofi-Aventis Use of Third Parties to
Lobby the FDA.......................................... 36
Potential Conflicts of Interest Among Medicare
Contractors............................................ 36
Non-Profit Tax Oversight..................................... 37
Investigation of Disabled Veterans National Foundation... 37
Letter to the IRS Concerning Non-Profit Campaign Activity 37
Medical Device Industry...................................... 38
GAO Report on Medical Device Pricing Transparency........ 38
Nominations...................................................... 39
Bills and Resolutions Referred to the Committee.................. 47
Reports, Prints, and Studies..................................... 49
Official Communications.......................................... 51
(vii)
113th Congress Report
SENATE
1st Session 113-5
======================================================================
REPORT ON THE ACTIVITIES OF THE COMMITTEE ON FINANCE DURING THE 112TH
CONGRESS
_______
March 21, 2013.--Ordered to be printed
_______
Mr. Baucus, from the Committee on Finance, submitted the following
REPORT
This report reviews the legislative and oversight
activities of the Committee on Finance during the 112th
Congress. These activities parallel the broad scope of
responsibilities vested in the committee by the Legislative
Reorganization Act of 1946, as amended, rule XXV(k) of the
Standing Rules of the Senate, and additional authorizing
resolutions.
COMMITTEE JURISDICTION
Rule XXV(i) of the Standing Rules of the Senate requires
reference to this committee of all proposed legislation, and
other matters, dealing with (i) Committee on Finance, to which
committee shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
1. Bonded debt of the United States, except as
provided in the Congressional Budget Act of 1974.
2. Customs, collection districts, and ports of entry
and delivery.
3. Deposit of public moneys.
4. General revenue sharing.
5. Health programs under the Social Security Act and
health programs financed by a specific tax or trust
fund.
6. National social security.
7. Reciprocal trade agreements.
8. Revenue measures generally, except as provided in
the Congressional Budget Act of 1974.
9. Revenue measures relating to the insular
possessions.
10. Tariffs and import quotas, and matters related
thereto.
11. Transportation of dutiable goods.
(1)
COMMITTEE RULES
I. RULES OF PROCEDURE
Rule 1. Regular Meeting Days.--The regular meeting day of the
committee shall be the second and fourth Tuesday of each month, except
that if there be no business before the committee the regular meeting
shall be omitted.
Rule 2. Committee Meetings.--(a) Except as provided by paragraph 3
of Rule XXVI of the Standing Rules of the Senate (relating to special
meetings called by a majority of the committee) and subsection (b) of
this rule, committee meetings, for the conduct of business, for the
purpose of holding hearings, or for any other purpose, shall be called
by the chairman. Members will be notified of committee meetings at
least 48 hours in advance, unless the chairman determines that an
emergency situation requires a meeting on shorter notice. The
notification will include a written agenda together with materials
prepared by the staff relating to that agenda. After the agenda for a
committee meeting is published and distributed, no nongermane items may
be brought up during that meeting unless at least two-thirds of the
members present agree to consider those items.
(b) In the absence of the chairman, meetings of the committee may
be called by the ranking majority member of the committee who is
present, provided authority to call meetings has been delegated to such
member by the chairman.
Rule 3. Presiding Officer.--(a) The chairman shall preside at all
meetings and hearings of the committee except that in his absence the
ranking majority member who is present at the meeting shall preside.
(b) Notwithstanding the rule prescribed by subsection (a) any
member of the committee may preside over the conduct of a hearing.
Rule 4. Quorums.--(a) Except as provided in subsection (b) one-
third of the membership of the committee, including not less than one
member of the majority party and one member of the minority party,
shall constitute a quorum for the conduct of business.
(b) Notwithstanding the rule prescribed by subsection (a) one
member shall constitute a quorum for the purpose of conducting a
hearing.
Rule 5. Reporting of Measures or Recommendations.--No measure or
recommendation shall be reported from the committee unless a majority
of the committee is actually present and a majority of those present
concur.
Rule 6. Proxy Voting; Polling.--(a) Except as provided by
paragraph 7(a)(3) of Rule XXVI of the Standing Rules of the Senate
(relating to limitation on use of proxy voting to report a measure or
matter), members who are unable to be present may have their vote
recorded by proxy.
(b) At the discretion of the committee, members who are unable to
be present and whose vote has not been cast by proxy may be polled for
the purpose of recording their vote on any rollcall taken by the
committee.
Rule 7. Order of Motions.--When several motions are before the
committee dealing with related or overlapping matters, the chairman may
specify the order in which the motions shall be voted upon.
Rule 8. Bringing a Matter to a Vote.--If the chairman determines
that a motion or amendment has been adequately debated, he may call for
a vote on such motion or amendment, and the vote shall then be taken,
unless the committee votes to continue debate on such motion or
amendment, as the case may be. The vote on a motion to continue debate
on any motion or amendment shall be taken without debate.
Rule 9. Public Announcement of Committee Votes.--Pursuant to
paragraph 7(b) of Rule XXVI of the Standing Rules of the Senate
(relating to public announcement of votes), the results of rollcall
votes taken by the committee on any measure (or amendment thereto) or
matter shall be announced publicly not later than the day on which such
measure or matter is ordered reported from the committee.
Rule 10. Subpoenas.--Subpoenas for attendance of witnesses and the
production of memoranda, documents, and records shall be issued by the
chairman, or by any other member of the committee designated by him.
Rule 11. Nominations.--In considering a nomination, the committee
may conduct an investigation or review of the nominee's experience,
qualifications, and suitability, to serve in the position to which he
or she has been nominated. To aid in such investigation or review, each
nominee may be required to submit a sworn detailed statement including
biographical, financial, policy, and other information which the
committee may request. The committee may specify which items in such
statement are to be received on a confidential basis. Witnesses called
to testify on the nomination may be required to testify under oath.
Rule 12. Open Committee Hearings.--To the extent required by
paragraph 5 of Rule XXVI of the Standing Rules of the Senate (relating
to limitations on open hearings), each hearing conducted by the
committee shall be open to the public.
Rule 13. Announcement of Hearings.--The committee shall undertake
consistent with the provisions of paragraph 4(a) of Rule XXVI of the
Standing Rules of the Senate (relating to public notice of committee
hearings) to issue public announcements of hearings it intends to hold
at least one week prior to the commencement of such hearings.
Rule 14. Witnesses at Hearings.--(a) Each witness who is scheduled
to testify at any hearing must submit his written testimony to the
staff director not later than noon of the business day immediately
before the last business day preceding the day on which he is scheduled
to appear. Such written testimony shall be accompanied by a brief
summary of the principal points covered in the written testimony.
Having submitted his written testimony, the witness shall be allowed
not more than 10 minutes for oral presentation of his statement.
(b) Witnesses may not read their entire written testimony, but
must confine their oral presentation to a summarization of their
arguments.
(c) Witnesses shall observe proper standards of dignity, decorum
and propriety while presenting their views to the committee. Any
witness who violates this rule shall be dismissed, and his testimony
(both oral and written) shall not appear in the record of the hearing.
(d) In scheduling witnesses for hearings, the staff shall attempt
to schedule witnesses so as to attain a balance of views early in the
hearings. Every member of the committee may designate witnesses who
will appear before the committee to testify. To the extent that a
witness designated by a member cannot be scheduled to testify during
the time set aside for the hearing, a special time will be set aside
for the witness to testify if the member designating that witness is
available at that time to chair the hearing.
Rule 15. Audiences.--Persons admitted into the audience for open
hearings of the committee shall conduct themselves with the dignity,
decorum, courtesy and propriety traditionally observed by the Senate.
Demonstrations of approval or disapproval of any statement or act by
any member or witness are not allowed. Persons creating confusion or
distractions or otherwise disrupting the orderly proceeding of the
hearing shall be expelled from the hearing.
Rule 16. Broadcasting of Hearings.--(a) Broadcasting of open
hearings by television or radio coverage shall be allowed upon approval
by the chairman of a request filed with the staff director not later
than noon of the day before the day on which such coverage is desired.
(b) If such approval is granted, broadcasting coverage of the
hearing shall be conducted unobtrusively and in accordance with the
standards of dignity, propriety, courtesy and decorum traditionally
observed by the Senate.
(c) Equipment necessary for coverage by television and radio
media shall not be installed in, or removed from, the hearing room
while the committee is in session.
(d) Additional lighting may be installed in the hearing room by
the media in order to raise the ambient lighting level to the lowest
level necessary to provide adequate television coverage of the hearing
at the then current state of the art of television coverage.
(e) The additional lighting authorized by subsection (d) of this
rule shall not be directed into the eyes of any members of the
committee or of any witness, and at the request of any such member or
witness, offending lighting shall be extinguished.
Rule 17. Subcommittees.--(a) The chairman, subject to the approval
of the committee, shall appoint legislative subcommittees. All
legislation shall be kept on the full committee calendar unless a
majority of the members present and voting agree to refer specific
legislation to an appropriate subcommittee.
(b) The chairman may limit the period during which House-passed
legislation referred to a subcommittee under paragraph (a) will remain
in that subcommittee. At the end of that period, the legislation will
be restored to the full committee calendar. The period referred to in
the preceding sentences should be 6 weeks, but may be extended in the
event that adjournment or a long recess is imminent.
(c) All decisions of the chairman are subject to approval or
modification by a majority vote of the committee.
(d) The full committee may at any time by majority vote of those
members present discharge a subcommittee from further consideration of
a specific piece of legislation.
(e) The chairman and ranking minority member shall serve as
nonvoting ex officio members of the subcommittees on which they do not
serve as voting members.
(f) Any member of the committee may attend hearings held by any
subcommittee and question witnesses testifying before that
subcommittee.
(g) Subcommittee meeting times shall be coordinated by the staff
director to ensure that--
(1) no subcommittee meeting will be held when the committee
is in executive session, except by unanimous consent;
(2) no more than one subcommittee will meet when the full
committee is holding hearings; and
(3) not more than two subcommittees will meet at the same
time.
Notwithstanding paragraphs (2) and (3), a subcommittee may meet
when the full committee is holding hearings and two subcommittees may
meet at the same time only upon the approval of the chairman and the
ranking minority member of the committee and subcommittees involved.
(h) All nominations shall be considered by the full committee.
(i) The chairman will attempt to schedule reasonably frequent
meetings of the full committee to permit consideration of legislation
reported favorably to the committee by the subcommittees.
Rule 18. Transcripts of Committee Meetings.--An accurate record
shall be kept of all markups of the committee, whether they be open or
closed to the public. A transcript, marked as ``uncorrected,'' shall be
available for inspection by Members of the Senate, or members of the
committee together with their staffs, at any time. Not later than 21
business days after the meeting occurs, the committee shall make
publicly available through the Internet--
(a) a video recording;
(b) an audio recording; or
(c) after all members of the committee have had a reasonable
opportunity to correct their remarks for grammatical errors or to
accurately reflect statements, a corrected transcript;
and such record shall remain available until the end of the Congress
following the date of the meeting.
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
During the 112th Congress, the Senate Finance Committee
played a critical role in passing legislation to make permanent
the tax cuts enacted in 2001 and 2003 for most taxpayers,
provide permanent AMT relief, and provide permanent estate tax
relief. It also played a critical role in extending tax cuts
enacted in 2009 related to children, work and education, the
payroll tax rate reduction, excise taxes that finance
transportation-related trust funds, and expiring tax provisions
for individuals, businesses, and the energy sector.
A series of hearings held by the Senate Finance Committee
during the 112th Congress evaluated a number of options related
to deficit reduction and tax reform. For example, hearings
evaluated tax reform options related to business and
international tax reform, and incentives for investment,
innovation, homeownership, charitable giving, and education.
2011 Legislation
On February 8, 2011, the committee considered and reported
a Chairman's Mark entitled, ``Airport and Airway Trust Fund
Reauthorization Act of 2011.'' Portions of this bill passed the
Senate as H.R. 1079, the ``Airport and Airway Extension Act of
2011,'' on March 29, 2011. The act extends the increased excise
taxes on aviation fuels and the excise tax on air
transportation of persons and property. It became law on March
31, 2011 (Pub. L. No. 112-7).
On April 5, 2011, H.R. 4, the ``Comprehensive 1099 Taxpayer
Protection and Repayment of Exchange Subsidy Overpayments Act
of 2011,'' was passed in the Senate. The act repeals
information reporting requirements for payments made by
businesses for goods and property, and payments made to
corporations. It also increases the amounts required for
repayment on reconciliation of advance premium assistance tax
credits associated with health insurance exchanges. It became
law on April 14, 2011 (Pub. L. No. 112-9).
On May 24, 2011, H.R. 1893, the ``Airport and Airway
Extension Act of 2011, Part II,'' was passed in the Senate. The
act extends the increased excise taxes on aviation fuels and
the excise tax on air transportation of persons and property.
It became law on May 31, 2011 (Pub. L. No. 112-16).
On June 27, 2011, H.R. 2279, the ``Airport and Airway
Extension Act of 2011, Part III,'' was passed in the Senate.
The act extends the increased excise taxes on aviation fuels
and the excise tax on air transportation of persons and
property. It became law on June 29, 2011 (Pub. L. No. 112-21).
On August 5, 2011, H.R. 2553, the ``Airport and Airway
Extension Act of 2011, Part IV,'' was passed in the Senate. The
act extends the increased excise taxes on aviation fuels and
the excise tax on air transportation of persons and property.
It became law on August 5, 2011 (Pub. L. No. 112-27).
On September 15, 2011, H.R. 2887, the ``Surface and Air
Transportation Programs Extension Act of 2011,'' was passed in
the Senate. The act extends excise taxes on gasoline and other
fuels, certain heavy vehicles, and tires. The act also extends
the increased excise taxes on aviation fuels and the excise tax
on air transportation of persons and property. It became law on
September 16, 2011 (Pub. L. No. 112-30).
On October 12, 2011, H.R. 3080, the ``United States-Korea
Free Trade Agreement Implementation Act,'' was passed in the
Senate. Tax provisions in the act increase penalties on paid
preparers who fail to comply with earned income credit due
diligence requirements, require additional information related
to prison inmates, increase certain customs user fees, extend
user fees for certain customs services, and increase required
estimated tax payments for certain corporations. It became law
on October 21, 2011 (Pub. L. No. 112-41).
On November 10, 2011, H.R. 674, a bill to ``To amend the
Internal Revenue Code of 1986 to repeal the imposition of 3
percent withholding on certain payments made to vendors by
government entities, to modify the calculation of modified
adjusted gross income for purposes of determining eligibility
for certain healthcare-related programs, and for other
purposes'' was passed in the Senate. It became law on November
21, 2011 (Pub. L. No. 112-56).
On December 23, 2011, H.R. 3765, the ``Temporary Payroll
Tax Cut Continuation Act of 2011,'' was passed in the Senate.
The act extends the 2 percentage point reduction in employment
tax rates for employees and self-employed individuals. It
became law on December 23, 2011 (Pub. L. No. 112-78).
2012 Legislation
On January 26, 2012, H.R. 3800, the ``Airport and Airway
Extension Act of 2012,'' was passed in the Senate. The act
extends the increased excise taxes on aviation fuels and the
excise tax on air transportation of persons and property. It
became law on January 31, 2012 (Pub. L. No. 112-91).
On February 6, 2012, H.R. 658, the ``FAA Modernization and
Reform Act of 2012,'' was passed in the Senate. The act extends
excise taxes collected for the Airport and Airway Trust Fund
and extends the authorization to make expenditures from the
fund. The act also clarifies the taxation of aircraft operating
on a non-established line, fixed wing emergency aircraft, as
well as fractional aircraft while also imposing an additional
surtax on fractional aircraft. Finally, the act allows airline
workers to rollover bankruptcy settlements into a traditional
individual retirement account and limits the ability to take a
deduction for stock purchases for certain indirect ownership
structures. It became law on February 14, 2012 (Pub. L. No.
112-95).
On February 7, 2012, the committee considered and reported
a Chairman's Mark entitled, ``The Highway Investment, Job
Creation, and Economic Growth Act of 2012.'' Portions of this
bill were later passed in the Senate on June 29, 2012, in H.R.
4348, the ``Moving Ahead for Progress in the 21st Century
Act.'' The act extends highway excise taxes, provides for
pension funding interest rate stabilization, enhances the
ability of employers to transfer excess pension assets to fund
retiree health benefits, and expands the definition of a
tobacco manufacturer to include businesses operating roll-your-
own cigarette machines. It became law on July 6, 2012 (Pub. L.
No. 112-141).
On February 17, 2012, H.R. 3630, the ``Middle Class Tax
Relief and Job Creation Act of 2012,'' was passed in the
Senate. The act extends the 2 percentage point reduction in
employment tax rates for employees and self-employed
individuals. It became law on February 22, 2012 (Pub. L. No.
112-96).
On March 29, 2012, H.R. 4281, the ``Surface Transportation
Extension Act of 2012,'' was passed in the Senate. The act
extends excise taxes on gasoline and other fuels, certain heavy
vehicles, and tires. It became law on March 30, 2012 (Pub. L.
No. 112-102).
On June 29, 2012, H.R. 6064, the ``Temporary Surface
Transportation Extension Act of 2012,'' passed in the Senate.
The act extends excise taxes on gasoline and other fuels,
certain heavy vehicles, and tires. It became law on June 29,
2012 (Pub. L. No. 112-140).
On August 28, 2012, S. 3521, the ``Family and Business Tax
Cut Certainty Act of 2012,'' was reported to the Senate out of
the Committee on Finance. The act extends through 2013 numerous
expiring provisions for individuals, including AMT relief, as
well as expiring provisions for businesses and the energy
sector. It became part of the American Taxpayer Relief Act of
2012, passed on January 2, 2013.
On January 1, 2013, H.R. 8, the ``American Taxpayer Relief
Act of 2012,'' was passed in the Senate. The act permanently
extends the tax cuts enacted in 2001 and 2003 for most
taxpayers, provides permanent AMT relief, and provides
permanent estate tax relief. It also extends other tax cuts
expiring in 2011 and 2012, through the end of 2013, including
bonus depreciation for businesses and those provisions
contained in the Family and Business Tax Cut Certainty Act. The
bill also extended through 2017 certain expiring provisions
enacted in 2009, including the American Opportunity Tax Credit
and modifications to the Child Tax Credit and the Earned Income
Tax Credit. It became law on January 2, 2013 (Pub. L. No. 112-
240).
Full Committee Hearings
2011
February 3, 2011--``Status of the Airport and Airway Trust
Fund.'' The purpose of this hearing was to examine the
state of the Airport and Airway Trust Fund (AATF), and
provide background on tax issues related to FAA
reauthorization. Testimony was received from Gerald
Dillingham, Director of Physical Infrastructure Issues,
U.S. Government Accountability Office, Washington, DC.
February 16, 2011--``The President's Budget for Fiscal Year
2012.'' The purpose of this hearing was to examine the
plans in the President's 2013 budget proposal to continue
the economic recovery, create jobs, reform the tax code and
reduce the deficit. Testimony was heard from Honorable
Timothy Geithner, Secretary of the Treasury, United States
Department of the Treasury, Washington, DC.
March 1, 2011--``How Did We Get Here? Changes in the Law and
Tax Environment Since the Tax Reform Act of 1986.'' The
purpose of the hearing was to discuss how the tax law and
the environment in which the tax system operates have
changed since the passage of the Tax Reform Act of 1986.
Testimony was received from Honorable Fred Goldberg, Jr.,
Former Assistant Secretary of the Treasury for Tax Policy,
1992, United States Department of the Treasury, Washington,
DC, and Former Commissioner, 1989-1992, Internal Revenue
Service, Washington, DC; Honorable Jonathan Talisman,
Former Assistant Secretary of the Treasury for Tax Policy,
2000-2001, United States Department of the Treasury,
Washington, DC; Honorable Mark Weinberger, Former Assistant
Secretary of the Treasury for Tax Policy, 2001-2002, United
States Department of the Treasury, Washington, DC;
Honorable Pamela Olson, Former Assistant Secretary of the
Treasury for Tax Policy, 2002-2004, United States
Department of the Treasury, Washington, DC; and Honorable
Eric Solomon, Former Assistant Secretary of the Treasury
for Tax Policy, 2006-2009, United States Department of the
Treasury, Washington, DC.
March 8, 2011--``Does the Tax System Support Economic
Efficiency, Job Creation, and Broad-Based Economic
Growth?'' The purpose of the hearing was to analyze to what
extent the current tax system distorts the economic
decisions of individuals, families and businesses, and how
these distortions affect economic efficiency, including job
creation and broad-based economic growth. Testimony was
received from Alan Auerbach, Robert D. Burch Professor of
Economics and Law, University of California Berkeley,
Berkeley, CA; R. Glenn Hubbard, Dean and Russell L. Carson
Professor of Finance and Economics, Columbia University
Graduate School of Business, New York, NY; James K.
Galbraith, Lloyd M. Bentsen, Jr. Chair in Government/
Business Relations and Professor of Government, The
University of Texas at Austin, Austin, TX; and Michael
Graetz, Isidor and Seville Sulzbacher Professor of Law,
Columbia Law School, New York, NY.
March 30, 2011--``How Do Complexity, Uncertainty, and Other
Factors Impact Responses to Tax Incentives?'' This hearing
focused on factors that affect how taxpayers (both
businesses and individuals) understand and respond to
incentives intentionally created in the tax code. Some
factors affecting responsiveness that the hearing addressed
included: how complex or uncertain a tax incentive is, how
they are framed and administered, and whether they are
delivered in a timely manner and marketed. Testimony was
heard from Raj Chetty, Professor, Department of Economics,
Harvard University, Cambridge, MA; Robert Carroll,
Principal, Quantitative Economics and Statistics, Ernst and
Young LLP, Washington, DC; and Eric J. Toder, Institute
Fellow, Urban Institute, and Co-Director, Urban Institute-
Brookings Institution Tax Policy Center, Washington, DC.
April 12, 2011--``Best Practices in Tax Administration: A Look
Across the Globe.'' The purpose of the hearing was to
discuss how various revenue authorities are improving tax
administration--what is working well, how new approaches
have been implemented, and what are best practices.
Testimony was received from Michael Brostek, Director, Tax
Policy and Administration, Strategic Issues, U.S.
Government Accountability Office, Washington, DC; Brian
Erard, B.E. and Associates, Reston, VA; and Michael
Gaffney, Tax Partner, PricewaterhouseCoopers, New York, NY.
April 13, 2011--``Perspectives on Deficit Reduction.'' The
purpose of this hearing was to examine and discuss several
different plausible strategies of deficit reduction.
Testimony was heard from J.D. Foster, Norman B. Ture Senior
Fellow, Economics of Fiscal Policy, The Heritage
Foundation, Washington, DC; Honorable David Walker, Former
U.S. Comptroller General, Founder and CEO, Comeback America
Initiative, Bridgeport, CT; and Alan S. Blinder, Gordon S.
Rentschler Memorial Professor of Economics and Public
Affairs, Princeton University, and Vice-Chairman,
Promontory Interfinancial Network, Princeton, NJ.
May 3, 2011--``Is the Distribution of Tax Burdens and Tax
Benefits Equitable?'' The purpose of the hearing was to
provide the committee with some background on the
distribution of tax burdens and tax benefits on individuals
and whether such distribution of income is equitable in
light of broader socioeconomic, historical, and comparative
trends. Testimony was heard from Daniel Shaviro, Wayne
Perry Professor of Taxation, New York University School of
Law, New York, NY; Scott Hodge, President, Tax Foundation,
Washington, DC; Aviva Aron-Dine, Ph.D. Candidate,
Department of Economics, Massachusetts Institute of
Technology, Cambridge, MA; and Alan Reynolds, Senior
Fellow, Cato Institute, Washington, DC.
May 4, 2011--``Budget Enforcement Mechanisms.'' The purpose of
this hearing was to evaluate the need for and potential
efficacy of a budget enforcement mechanism as a deficit
reduction strategy. Testimony was received from Susan J.
Irving, Director for Federal Budget Analysis, Strategic
Issues, U.S. Government Accountability Office, Washington,
DC; Paul Van de Water, Senior Fellow, Center on Budget and
Policy Priorities, Washington, DC; and Honorable Phil
Gramm, Vice Chairman, UBS Investment Bank, UBS AG, New
York, NY.
May 12, 2011--``Oil and Gas Tax Incentives and Rising Energy
Prices.'' The purpose of this hearing was to evaluate
current tax provisions pertaining to the oil and gas
industry in the context of rising energy prices. Testimony
was received from John Watson, Chairman of the Board and
Chief Executive Officer, Chevron Corporation, San Ramon,
CA; Marvin Odum, U.S. President, Shell Oil Company,
Houston, TX; H. Lamar McKay, Chairman and President, BP
America Inc., Houston, TX; James Mulva, Chairman and Chief
Executive Officer, ConocoPhillips, Houston, TX; and Rex
Tillerson, Chairman and Chief Executive Officer, Exxon
Mobil Corporation, Irving, TX.
May 17, 2011--``Financing 21st-Century Infrastructure.'' The
purpose of the hearing was to examine the current state of
public financing of transportation infrastructure and
discuss options to improve our infrastructure funding
system in light of the expiration of the highway trust fund
on September 30, 2011. Testimony was heard from Joseph
Kile, Assistant Director for Microeconomic Studies,
Congressional Budget Office, Washington, DC; Honorable Ed
Rendell, Co-Chair, Building America's Future Educational
Fund, Washington, DC; Matthew Posner, Director, Municipal
Market Advisors, Chicago, IL; and Gabriel Roth, Civil
Engineer and Transport Economist, Chevy Chase, MD.
June 28, 2011--``Complexity and the Tax Gap: Making Tax
Compliance Easier and Collecting What's Due.'' This hearing
examined the burden faced by individuals and small
businesses in complying with our Nation's tax laws.
Additionally, it focused on how large these compliance
burdens are, who bears the burdens, and the major sources
of compliance costs. The hearing also addressed the tax
gap, including the major sources of noncompliance and
evasion, the extent to which the tax gap is related to tax
complexity and the effect of the tax gap on the economy in
general and the fairness of the tax system specifically.
Testimony was heard from Michael Brostek, Director, Tax
Policy and Administration, Strategic Issues, U.S.
Government Accountability Office, Washington, DC; Nina E.
Olson, National Taxpayer Advocate, Internal Revenue
Service, Washington, DC; David Kirkham, President, Kirkham
Motorsports, Provo, UT; and Kris Carpenter, Founder/CEO,
Sanctuary Spa and Salon, Billings, MT.
July 26, 2011--``Perspectives on Deficit Reduction: A Review of
Key Issues.'' This hearing covered a range of pertinent
political and policy-related issues and strategies
pertaining to deficit reduction. Testimony was heard from
Robert Greenstein, President, Center on Budget and Policy
Priorities, Washington, DC; Lawrence B. Lindsey, President
and Chief Executive Officer, The Lindsey Group, and former
Director of the National Economic Council 2001-2002,
Fairfax, VA; Michael Ettlinger, Vice President for Economic
Policy, Center for American Progress, Washington, DC; and
Chris Edwards, Director, Tax Policy Studies, Cato
Institute, Washington, DC.
July 27, 2011--``CEO Perspectives on How the Tax Code Affects
Hiring, Business, and Economic Growth.'' The purpose of the
hearing was to examine how the tax laws affect business
decisions, including hiring, investment in capital assets,
and other business transactions. Testimony was heard from
Michael T. Duke, President and Chief Executive Officer,
Wal-Mart Stores, Inc., Bentonville, AR; Thomas J. Falk,
Chairman and Chief Executive Officer, Kimberly-Clark
Corporation, Irving, TX; Gregory S. Lang, President and
Chief Executive Officer, PMC-Sierra, Inc., Sunnyvale, CA;
and Larry J. Merlo, President and Chief Executive Officer,
CVS Caremark Corporation.
September 8, 2011--``Tax Reform Options: International
Issues.'' The purpose of the hearing was to examine
potential improvements to the tax laws affecting
international business, investment, and employment,
including both investment by U.S. businesses in foreign
countries (outbound investment) and investment by foreign
businesses in the U.S. (inbound investment). Testimony was
heard from Philip R. West, Partner, Steptoe and Johnson
LLP, Washington, DC; James R. Hines, Jr., L. Hart Wright
Collegiate Professor of Law, University of Michigan Law
School, Ann Arbor, MI; Scott Naatjes, Vice President and
General Tax Counsel, Cargill, Incorporated, Wayzata, MN;
and Reuven S. Avi-Yonah, Irwin I. Cohn Professor of Law,
University of Michigan Law School, Ann Arbor, MI.
September 14, 2011--``Tax Reform Options: Marginal Rates on
High-Income Taxpayers, Capital Gains, and Dividends.'' The
purpose of the hearing was to examine tax reform options
related to marginal tax rates for high-income taxpayers,
capital gains, and dividends. Testimony was received from
Dennis Mehiel, Chairman of the Board, U.S. Corrugated,
Inc., Valhalla, NY; Stephen J. Entin, President and
Executive Director, Institute for Research on the Economics
of Taxation, Washington, DC; Bill Rys, Tax Counsel,
National Federation of Independent Business, Washington,
DC; and Leonard E. Burman, Daniel Patrick Moynihan
Professor of Public Affairs at the Maxwell School of
Syracuse University, Syracuse, NY.
September 15, 2011--``Tax Reform Options: Promoting Retirement
Security.'' The purpose of the hearing was to discuss how
the incentives to save for retirement in the tax code are
functioning and potential adjustments to these incentives
in the context of comprehensive tax reform. Testimony was
heard from Jack VanDerhei, Research Director, Employee
Benefit Research Institute, Washington, DC; William G.
Gale, Senior Fellow, Brookings Institution, Washington, DC;
Judy A. Miller, Chief of Actuarial Issues/Director of
Retirement Policy, American Society of Pension
Professionals and Actuaries, Arlington, VA; and Karen
Friedman, Executive Vice President and Policy Director,
Pension Rights Center, Washington, DC.
September 20, 2011--``Tax Reform Options: Incentives for
Innovation.'' The purpose of the hearing was to discuss tax
reform options related to the proper and most effective
role of government in incentivizing R&D. Testimony was
received from Scott Wallsten, Vice President for Research
and Senior Fellow, Technology Policy Institute and Senior
Policy Fellow, Georgetown Center for Business and Public
Policy, Washington, DC; Michael D. Rashkin, Author,
Practical Guide to Research and Development Tax Incentives:
Federal, State, and Foreign, Saratoga, CA; Annette Nellen,
Professor, Department of Accounting and Finance, College of
Business at San Jose State University, San Jose, CA; and
Dirk Pilat, Head, Structural Policy Division, Organization
for Economic Cooperation and Development Directorate for
Science, Technology, and Industry, Paris, France.
October 6, 2011--``Tax Reform Options: Incentives for
Homeownership.'' The purpose of the hearing was to examine
the effectiveness of tax incentives for homeownership and
potentials reforms of these incentives in the context of
comprehensive tax reform. Testimony was heard from
Honorable John B. Breaux, Senior Counsel, Patton Boggs LLP,
Washington, DC; Karl ``Chip'' Case, Professor of Economics
Emeritus, Wellesley College and Senior Fellow, Joint Center
for Housing Studies, Harvard University, Wellesley, MA;
Robert D. Dietz, Assistant Vice President for Tax and
Policy Issues, National Association of Home Builders,
Washington, DC; Richard Green, Director of Lusk Center for
Real Estate, University Southern California, Los Angeles,
CA; and Gregory M. Nelson, Vice President and Assistant
Secretary, Pulte Group, Inc., Bloomfield, MI.
October 18, 2011--``Tax Reform Options: Incentives for
Charitable Giving.'' The purpose of the hearing was to
examine the effectiveness of the tax deduction for
charitable giving in incentivizing contributions and
potential reform options in the context of comprehensive
tax reform. Testimony was received from Frank Sammartino,
Assistant Director for Tax Analysis, Congressional Budget
Office, Washington, DC; Elder Dallin H. Oaks, The Quorum of
the Twelve Apostles, The Church of Jesus Christ of Latter-
day Saints, Salt Lake City, UT; Eugene Steuerle, Richard B.
Fisher Chair and Institute Fellow, The Urban Institute,
Washington, DC; Brian A. Gallagher, President and CEO,
United Way Worldwide, Alexandria, VA; and Roger Colinvaux,
Associate Professor, The Catholic University of America,
Columbus School of Law, Washington, DC.
2012
January 31, 2012--``Extenders and Tax Reform: Seeking Long-Term
Solutions.'' The purpose of the hearing was to examine how
best to approach the traditional tax extenders in order to
create certainty and allow businesses to invest confidently
and create jobs. The hearing also evaluated traditional
extenders through the lens of tax reform. Testimony was
received from Rosanne Altshuler, Professor and Chair of the
Economics Department, Rutgers University, New Brunswick,
NJ; Jason J. Fichtner, Senior Research Fellow, Mercatus
Center, George Mason University, Arlington, VA; Calvin H.
Johnson, Andrews and Kurth Centennial Professor of Law, The
University of Texas School of Law, Austin, TX; and Caroline
L. Harris, Chief Tax Counsel and Director of Tax Policy,
U.S. Chamber of Commerce, Washington, DC.
February 14, 2012--``President's Budget for Fiscal Year 2013.''
The purpose of this hearing was to discuss job creation and
the President's budget for Fiscal Year 2013. Testimony was
received from Honorable Timothy Geithner, Secretary of the
Treasury, United States Department of the Treasury,
Washington, DC.
March 6, 2012--``Tax Reform Options: Incentives for Capital
Investment and Manufacturing.'' The purpose of the hearing
was to examine the effectiveness of existing tax incentives
for capital investment and manufacturing, and potential
reform options in the context of comprehensive tax reform.
Testimony was received from Jane G. Gravelle, Senior
Specialist in Economic Policy, Congressional Research
Service, Library of Congress, Washington, DC; Ike Brannon,
Director of Economic Policy and Congressional Relations,
American Action Forum, Washington, DC; Robert D. Atkinson,
President, Information Technology and Innovation
Foundation, Washington, DC; J.D. Foster, Norman B. Ture
Senior Fellow, Economics of Fiscal Policy, The Heritage
Foundation, Washington, DC; and Michelle Hanlon, Associate
Professor of Accounting, Massachusetts Institute of
Technology, Sloan School of Management, Cambridge, MA.
April 25, 2012--``Tax Reform: What It Means for State and Local
Tax and Fiscal Policy.'' The purpose of the hearing was to
examine the effects of Federal tax reform on state and
local tax and fiscal policy. Testimony was received from
Frank Sammartino, Assistant Director for Tax Analysis,
Congressional Budget Office, Washington, DC; Kim Rueben,
Senior Fellow, Urban-Brookings Tax Policy Center,
Washington, DC; Walter Hellerstein, Francis Shackelford
Distinguished Professor of Taxation Law, University of
Georgia School of Law, Athens, GA; Joseph Henchman, Vice
President of Legal and State Projects, Tax Foundation,
Washington, DC; and Sanford Zinman, Owner, Zinman
Accounting, White Plains, NY.
April 26, 2012--``Tax Filing Season: Improving the Taxpayer
Experience.'' The purpose of the hearing was to examine the
hurdles taxpayers face during tax filing season and discuss
ways to simplify and improve the taxpayer experience.
Testimony was received from James White, Director, Tax
Issues, U.S. Government Accountability Office, Washington,
DC; Troy Lewis, Lewis and Associates, CPAs LLC, Draper, UT;
Beth Tucker, Deputy Commissioner, Operations Support,
Internal Revenue Service, Washington, DC; and Teresa
Thompson, Local Taxpayer Advocate for Montana, Taxpayer
Advocate Service, Helena, MT.
May 15, 2012--``Tax Reform: What it Could Mean for Tribes and
Territories.'' The purpose of the hearing was to review how
tax reform could affect U.S. territories and tribes.
Testimony was received from Sarah Hall Ingram,
Commissioner, Tax Exempt and Government Entities, Internal
Revenue Service, Washington, DC; Honorable Robert Odawi
Porter, President, Seneca Nation of Indians, Salamanca, NY;
Lindsay G. Robertson, Professor of Law, University of
Oklahoma College of Law, Norman, OK; and Steven Maguire,
Specialist in Public Finance, Congressional Research
Service, Washington, DC.
June 12, 2012--``Tax Reform: Impact on U.S. Energy Policy.''
The purpose of the hearing was to discuss three issues: the
impact the U.S. tax code has on energy policy, given that
the tax code provides 85 percent of government support for
energy in the U.S.; the role the U.S. tax code should play
in U.S. energy policy; and options for energy tax reform.
Testimony was received from Honorable Don Nickles, Chairman
and CEO, The Nickles Group, LLC, Washington, DC; Honorable
Phillip Sharp, President, Resource for the Future,
Washington, DC; Dale Jorgenson, Samuel W. Morris University
Professor, Harvard University, Cambridge, MA; and Harold
Hamm, Chief Executive Officer, Continental Resources Inc.,
Oklahoma City, OK.
June 19, 2012--``Confronting the Looming Fiscal Crisis.'' The
purpose of this hearing was to discuss plans for deficit
reduction and the year-end fiscal crisis. Testimony was
received from Honorable Pete Domenici, Senior Fellow and
Co-Chair, Debt Reduction Task Force, Bipartisan Policy
Center, Washington, DC; and Honorable Alice Rivlin, Co-
Chair, Debt Reduction Task Force, Bipartisan Policy Center,
and Senior Fellow in the Economic Studies Program,
Brookings Institution, Washington, DC.
July 10, 2012--``Boosting Opportunities and Growth Through Tax
Reform: Helping More Young People Achieve the American
Dream.'' The purpose of the hearing was to explore the ways
tax reform can boost economic opportunity and help secure
the American Dream for young people and future generations.
Testimony was heard from. Katherine S. Newman, James B.
Knapp Dean of The Zanvyl Krieger School of Arts and
Sciences, The Johns Hopkins University, Baltimore, MD;
Miles Corak, Graduate School of Public and International
Affairs, University of Ottawa, Ottawa, Ontario, Canada;
Lars J. Lefgren, Associate Professor, Department of
Economics, Brigham Young University, Salt Lake City, UT;
Erin Currier, Project Manager, Economic Mobility Project,
The Pew Charitable Trusts, Washington, DC; and Eugene
Steuerle, Richard B. Fisher Chair and Institute Fellow, The
Urban Institute, Washington, DC.
July 25, 2012--``Education Tax Incentives and Tax Reform.'' The
purpose of the hearing was to examine how education tax
incentives should be treated in tax reform. Testimony was
received from Waded Cruzado, President, Montana State
University, Bozeman, MT; Lynne Munson, President and
Executive Director, Common Core, Washington, DC; Susan
Dynarski, Professor, University of Michigan, Ann Arbor, MI;
Scott Hodge, President, Tax Foundation, Washington, DC; and
James White, Director, Tax Issues, U.S. Government
Accountability Office, Washington, DC.
August 1, 2012--``Tax Reform: Examining the Taxation of
Business Entities.'' The purpose of the hearing was to
examine the different taxation of business entities
structured as corporations versus pass-throughs and to
consider proposals to alter those rules. Testimony was
received from Harrison T. LeFrak, Vice Chairman, The LeFrak
Organization, New York, NY; Dana L. Trier, Adjunct
Professor in Taxation, University of Miami School of Law
and Columbia Law School, New York, NY; Alvin C. Warren,
Ropes and Gray Professor of Law, Harvard Law School,
Cambridge, MA; and Fred C. De Hosson, Partner, Baker and
McKenzie, Amsterdam, The Netherlands.
Bicameral Hearings
2011
July 13, 2011--Joint Hearing with U.S. House Committee on Ways
and Means on ``Tax Reform and the Tax Treatment of Debt and
Equity.'' The purpose of the hearing was to review the tax
treatment of debt and equity and the potential impacts of
such treatment on the economy, job creation and household
and business debt levels. Testimony was received from
Thomas Barthold, Chief of Staff, Joint Committee on
Taxation, Washington, DC; Honorable Pamela Olson, Partner,
Skadden, Arps, Slate, Meagher, and Flom, and former
Assistant Secretary of the Treasury for Tax Policy,
Washington, DC; Victor Fleischer, Associate Professor of
Law, University of Colorado Law School, Boulder, CO; Mihir
A. Desai, Mizuho Financial Group Professor of Finance,
Harvard Business School, Boston, MA; and Simon Johnson,
Ronald A. Kurtz Professor of Entrepreneurship, and former
Economic Counsellor and Director of the Research Department
at the International Monetary Fund, Massachusetts Institute
of Technology, Sloan School of Management, Cambridge, MA.
December 6, 2011--Joint Hearing with U.S. House Committee on
Ways and Means on ``Tax Reform and the Tax Treatment of
Financial Products.'' The purpose of the hearing was to
review the tax treatment of financial products. Testimony
was received from Thomas Barthold, Chief of Staff, Joint
Committee on Taxation, Washington, DC; Alex Raskolnikov,
Charles Evans Gerber Professor of Law and Co-chair of the
Charles E. Gerber Transactional Studies Program, Columbia
Law School, New York, NY; Andrea S. Kramer, Partner,
McDermott Will and Emery LLP, Chicago, IL; and David S.
Miller, Partner, Cadwalader, Wickersham, and Taft LLP, New
York, NY.
2012
September 20, 2012--Joint Hearing with U.S. House Committee on
Ways and Means on ``Tax Reform and the Tax Treatment of
Capital Gains.'' The purpose of the hearing was to examine
the tax treatment of capital gains in the context of broad
tax reform. Testimony was received from David H. Brockway,
Partner, Bingham McCutchen LLP, Washington, DC; Lawrence B.
Lindsey, President and CEO, The Lindsey Group, Fairfax, VA;
Leonard E. Burman, Daniel Patrick Moynihan Professor of
Public Affairs, Maxwell School, University of Syracuse,
Syracuse, NY; David L. Verrill, Founder, Hub Angels
Investment Group LLC, Cambridge, MA; and William D.
Stanfill, General Partner, Montegra Capital Income Fund,
Denver, CO.
Roundtable, Joint Committee on Taxation
2011
April 6, 2011--U.S. Joint Committee on Taxation hearing on
``Ideas on Reforming the U.S. Internal Revenue Code.'' The
purpose of this hearing was to examine lessons from the
1986 tax reform for comprehensive tax reform today.
Testimony was received from Honorable James Baker III,
Former Secretary of the Treasury 1985-1988, United States
Department of the Treasury, Houston, TX; and Honorable
Richard A. Gephardt, Former Minority Leader, United States
House of Representatives, Washington, DC.
Full Committee Executive Meetings
2011
February 8, 2011--Open Executive Session to consider a
Chairman's Mark entitled ``Airport and Airway Trust Fund
Reauthorization Act of 2011.''
2012
January 24, 2012--Conference Committee on H.R. 3630: Temporary
Payroll Tax Cut Continuation Act of 2011.
February 1, 2012--Continuation of the Conference Committee on
H.R. 3630: Temporary Payroll Tax Cut Continuation Act of
2011.
February 2, 2012--Continuation of the Conference Committee on
H.R. 3630: Temporary Payroll Tax Cut Continuation Act of
2011.
February 7, 2012--Continuation of the Conference Committee on
H.R. 3630: Temporary Payroll Tax Cut Continuation Act of
2011.
February 7, 2012--Open Executive Session to consider a
Chairman's Mark entitled, ``The Highway Investment, Job
Creation, and Economic Growth Act of 2012.''
August 2, 2012--Open Executive Session to consider the Family
and Business Tax Cut Certainty Act of 2012.
Senators' Only Meetings
2011
December 1, 2011--Senators' Meeting to discuss year-end
legislation.
2012
February 1, 2012--Senators' Meeting to discuss transportation
issues.
February 25, 2012--Senators' Meeting to discuss tax extenders.
June 12, 2012--Senators' Meeting to discuss Russia permanent
normal trade relations (PNTR), tax extenders, and other
committee matters.
July 30, 2012--Senators' Meeting to discuss tax extenders.
July 31, 2012--Senators' Meeting to discuss tax extenders.
September 19, 2012--Senators' Meeting with Tom Barthold to
discuss fiscal cliff.
Subcommittee on Energy, Natural Resources,
and Infrastructure
2011
December 14, 2011--``Alternative Energy Tax Incentives: The
Effect of Short-Term Extensions on Alternative Technology
Investment, Domestic Manufacturing, and Jobs.'' This
hearing focused on the frequent short-term extensions and
expiration of alternative energy tax policies as well as
the effect this has had on the alternative energy industry
including manufacturing facilities, supply chain issues and
employment. Testimony was heard from Molly Sherlock,
Analyst Economics, Congressional Research Service,
Washington, DC; Will Coleman, Partner, Mohr Davidow
Ventures, Menlo Park, CA; Martha Wyrsch, President, Vestas-
American Wind Technology, Portland, OR; Paul Soanes,
President and CEO, Renewable Biofuels, Houston, TX; and
Margo Thorning, Senior Vice President and Chief Economist,
American Council for Capital Formation, Washington, DC.
2012
March 27, 2012--``Renewable Energy Tax Incentives: How Have the
Recent and Pending Expirations of Key Incentives Affected
the Renewable Energy Industry in the United States?'' This
hearing focused on how the recent and pending expirations
of energy tax policies affects deployment of renewable
energy facilities, energy efficiency measures, and advanced
biofuels. Testimony was heard from Ethan Zindler, Head of
Policy Analysis, Bloomberg New Energy Finance, Washington,
DC; John Purcell, Vice President-Wind Energy, Leeco Steel,
Lisle, IL; Benjamin Zycher, Visiting Scholar, American
Enterprise Institute, Washington, DC; and John P. Ragan,
Vice President of Business Development and Government
Affairs, TPI Composites, Scottsdale, AZ.
December 12, 2012--``Tax Reform and Federal Energy Policy:
Incentives to Promote Energy Efficiency.'' This hearing
focused on understanding the opportunities presented to our
economy, our energy infrastructure, and to the environment
that result from the efficient use of our resources;
considering if creating incentives through the tax code is
a sensible and efficient way of promoting energy efficiency
investments; and examining how we can improve our existing
incentives to make them more effective, easier to use, and
less expensive to the federal government. Testimony was
heard from Dan Arvizu, Director, National Renewable Energy
Laboratory, Golden, CO; Steve Nadel, Executive Director,
American Council for an Energy-Efficient Economy,
Washington, DC; Mark F. Wagner, Vice President Government
Relations, Johnson Controls, Inc, Washington, DC; and Matt
Golden, Principal, Efficiency.org, Policy Chair, Efficiency
First, San Francisco, CA.
Subcommittee on Fiscal Responsibility and Economic Growth
2011
May 25, 2011--``The Spread of Tax Fraud by Identity Theft: A
Threat to Taxpayers, A Drain on the Public Treasury.'' This
hearing focused on the growing problem of tax fraud through
identity theft and allowed members of the subcommittee to
hear firsthand from taxpayers who have fallen victim to
complex, identity-related tax scams. The hearing explored
the scope and magnitude of identity theft in the tax
system; common fact patterns in tax fraud and ID theft
cases; and laws, regulations, and administrative practices
in place to prevent the processing of fraudulent tax
returns and protect victims. Testimony was heard from
Sharon Hawa, victim of tax-related identity theft, Bronx,
NY; Terry McClung, Jr., victim of tax-related identity
theft, Finksburg, MD; Anonymous Witness, victim of tax-
related identity theft, Miami, FL; Nina Olsen, National
Taxpayer Advocate, Internal Revenue Service, Washington,
DC; James White, Director, Tax Issues, United States
Government Accountability Office, Washington, DC; and Beth
Tucker, Deputy Commissioner, Operations Support, Internal
Revenue Service, Washington, DC.
September 13, 2011--``Examining Whether There is a Role for Tax
Reform in Comprehensive Deficit Reduction and U.S. Fiscal
Policy.'' This hearing focused on whether tax reform should
play a role in any ``grand bargain'' to bring down the
federal budget deficit. Testimony was heard from Alan C.
Greenspan, President, Greenspan Associates LLC, Washington,
DC; John B. Taylor, Mary and Robert Raymond Professor of
Economics and George P. Shultz Senior Fellow in Economics,
Stanford University, Hoover Institution, Stanford, CA;
Martin S. Feldstein, George F. Baker Professor of
Economics, Harvard University, Cambridge, MA; The Honorable
John M. Engler, President, Business Roundtable, Washington,
DC; and Edward D. Kleinbard, Professor of Law, USC Gould
School of Law, Los Angeles, CA.
2012
March 20, 2012--``Tax Fraud by Identity Theft, Part 2: Status,
Progress, and Potential Solutions.'' This hearing focused
on evaluating the IRS's response to the increasing problem
of tax fraud through identity theft and examining what more
could be done to help victims and protect taxpayer money.
Testimony was heard from Steven T. Miller, Deputy
Commissioner for Services and Enforcement, Internal Revenue
Service, Washington, DC; Ronald A. Cimino, Deputy Assistant
Attorney General for Criminal Matters, Tax Division, United
States Department of Justice, Washington, DC; Nina E.
Olson, National Taxpayer Advocate, Internal Revenue
Service, Washington, DC; Sal Augeri, Detective, Criminal
Intelligence Bureau, Tampa Police Department, Tampa, FL;
Bernard F. McKay, Vice President, Global Corporate Affairs,
Intuit, Inc., Washington, DC; and Kirsten Trusko, President
and Executive Director, Network Branded Prepaid Card
Association, Montvale, NJ.
TRADE
SUMMARY OF ACTIVITIES
During the 112th Congress, the committee exercised its
oversight responsibilities and enacted important legislation
related to international trade and customs law and the American
economy. A brief summary of the committee's activity is
provided below.
During the first session, the committee held several
hearings including a hearing on the 2011 trade agenda,
receiving testimony from U.S. Trade Representative Ronald Kirk.
The committee also convened a hearing on Asia-Pacific Economic
Cooperation (APEC), which the United States hosted in 2011. The
hearing focused on creating economic growth by removing
barriers to trade. During that hearing, testimony was received
from the Office of the United States Trade Representative and
manufacturing and services industry representatives. The
committee also held hearings on three free trade agreements:
the U.S.-Colombia Trade Promotion Agreement, the U.S.-Panama
Trade Promotion Agreement, and the U.S.-Korea Free Trade
Agreement. During these hearings, the committee received
testimony from the Office of the United States Trade
Representative, the Department of Labor, and other
stakeholders, including agricultural, manufacturing and labor
union representatives. The committee also conducted a hearing
to consider four trade nominees.
The committee convened in open executive session to
consider, review, and make recommendations on proposed
legislation implementing the U.S.-Colombia Trade Promotion
Agreement, the U.S.-Panama Trade Promotion Agreement, and the
U.S.-Korea Free Trade Agreement. The committee held a second
open executive session to consider S. 1641, S. 1642, and S.
1643, the bills to implement the three free trade agreements,
as well as the associated Statements of Administrative Action.
During this executive session the committee also considered the
nominations of Michael W. Punke to be a Deputy United States
Trade Representative, Islam A. Siddiqui to be Chief
Agricultural Negotiator in the Office of the United States
Trade Representative, Paul Piquado to be an Assistant Secretary
of Commerce, and David S. Johanson to be a Commissioner of the
United States International Trade Commission.
The Chairman and Ranking Member worked together to pass, on
October 21, 2011, the U.S.-Colombia Trade Promotion Agreement
(Pub. L. 112-42), which also renewed and extended the Andean
Trade Promotion Act through July 31, 2013, the U.S.-Panama
Trade Promotion Agreement (Pub. L. 112-43), and the U.S.-Korea
Free Trade Agreement (Pub. L. 112-41). The committee also
extended Trade Adjustment Assistance (TAA) through December 31,
2013, and the Generalized System of Preferences (GSP) through
July 31, 2013 (Pub. L. 112-40).
In the second session, the committee held a hearing on the
2012 trade agenda, receiving testimony from U.S. Trade
Representative Ronald Kirk. The committee also convened two
hearings on Russia's World Trade Organization accession. The
first focused on manufacturing, agriculture, intellectual
property rights, and transparency concerns and featured
testimony from private sector representatives. The second
Russia hearing focused on the administration's views of the
implications of Russia's WTO accession for the United States.
At this hearing, testimony was received from the Office of the
United States Trade Representative and the Departments of
Agriculture and State. In addition, the committee held a
hearing on the confirmation of Meredith M. Broadbent to be a
Member of the United States International Trade Commission.
The committee convened in open executive session to
consider the Chairman's mark of the Enforcing Orders and
Reducing Customs Evasion (ENFORCE) Act; the Citrus, Cotton, and
Wool Trust Funds; the African Growth and Opportunity Act (AGOA)
third-country fabric Amendments, Dominican Republic-Central
America-United States Free Trade Agreement (CAFTA-DR) Technical
Corrections, and Burma Sanctions extension; and Russia
Permanent Normal Trade Relations (PNTR) and Moldova PNTR. The
updated ENFORCE Act would establish specific procedures for
Customs and Border Protection (CBP) to follow when
investigating allegations of evasion of antidumping or
countervailing duties, and it would increase the ability of CBP
to obtain information and collect such duties. Russia and
Moldova PNTR authorized the extension of permanent
nondiscriminatory treatment to the products of Russia and
Moldova so that the United States could secure the full
benefits of their accessions to the WTO. The legislation
includes strong enforcement tools to ensure Russia lives up to
its international trade obligations, and provisions to help
advance human rights and the rule of law in Russia including
the imposition of sanctions on persons responsible for gross
violations of human rights.
The Chairman and Ranking Member worked together to pass
trade legislation on August 2, 2012 to extend until September
2015 the AGOA provision allowing duty-free access to the U.S.
market for apparel produced in sub-Saharan African countries
made from third-country fabric, to make technical corrections
and modifications to the rules of origin for certain textile
and apparel products under CAFTA-DR, and to renew import
sanctions against Burma for one year and reauthorize for three
years a fast-track process for Congress to approve annual
renewal of sanctions (Pub. L. 112-163).
The Chairman and Ranking Member also worked together to
pass trade legislation on December 6, 2012 to authorize the
extension of permanent nondiscriminatory treatment to the
products of Russia and Moldova, require reports on the
compliance of the Russian Federation with its obligations as a
member of the World Trade Organization (WTO), and impose
sanctions on persons responsible for gross violations of human
rights (Pub. L. 112-208).
Full Committee Hearings
2011
March 9, 2011--``President's 2011 Trade Agenda.'' Received
testimony from Ambassador Ronald Kirk, United States Trade
Representative.
March 31 2011--``APEC 2011: Breaking Down Barriers, Creating
Economic Growth.'' Received testimony from Ambassador John
Veroneau, Partner, Covington and Burling, Washington DC;
Ambassador Peter Scher, Executive Vice President for Global
Government Relations and Public Policy, JPMorgan Chase,
Washington DC; Bert Robins, Vice President and Co-Founder,
SeaCast, Inc.; Butte, MT and Richard M. Hartvigsen, Vice
President, Global Government Affairs, Nu Skin
International, Inc., Provo, UT.
May 11, 2011--``The U.S.-Colombia Trade Promotion Agreement.''
Received testimony from Ambassador Miriam Sapiro, Deputy
United States Trade Representative; Sandra Polaski, Deputy
Under Secretary for International Labor Affairs, United
States Department of Labor; General James T. Hill, U.S.
Army (Ret.) and former commander of the United States
Southern Command, Coral Gables, FL; Jeff Vogt, Deputy
Director, International Affairs Department,, AFL-CIO,
Washington, DC; and Gordon Stoner, President, Montana Grain
Growers Association, Great Falls, MT.
May 25, 2011--``The U.S.-Panama Trade Promotion Agreement.''
Received testimony from Ambassador Miriam Sapiro, Deputy
U.S. Trade Representative for Europe, the Middle East, and
the Americas; Jason Speer, Vice President, Quality Float
Works, Inc., Schaumburg, IL; and Garry Niemeyer, First Vice
President, National Corn Growers Association, Auburn, IL.
May 26, 2011--``The U.S.-Korea Free Trade Agreement.'' Received
testimony from Ambassador Demetrios Marantis, Deputy U.S.
Trade Representative; Errol Rice, Executive Vice President,
Montana Stockgrowers Association, Helena, MT; Thea Lee,
Deputy Chief of Staff, AFL-CIO, Washington, DC; and Timothy
Guertin, President and Chief Executive Officer, Varian
Medical Systems, Palo Alto, CA.
2012
March 7, 2012--``The President's 2012 Trade Agenda.'' Received
testimony from Ambassador Ronald Kirk, United States Trade
Representative.
March 15, 2012--``Russia's WTO Accession: Implications for the
United States.'' Received testimony from Samuel Allen,
Chairman and CEO, Deere and Company, Moline, IL; Ronald
Pollett, President and CEO, GE Russia/CIS, Moscow, Russia;
Watty Taylor, President, Montana Stockgrowers Association,
Helena, MT; Paul Williams, President and Chairman of the
Board, American Society of Composers, Authors and
Publishers, New York, NY; and The Honorable Alan Larson,
Chairman of the Board, Transparency International USA,
Washington, DC.
June 21, 2012--``Russia's WTO Accession: Administration's Views
on the Implications for the United States.'' Received
testimony from Ambassador Ronald Kirk, United States Trade
Representative; The Honorable Tom Vilsack, Secretary of
Agriculture; and The Honorable William J. Burns, Deputy
Secretary of State.
Full Committee Executive Meetings
2011
July 7, 2011--Open Executive Session to review and make
recommendations on proposed legislation implementing the
U.S.-Korea Free Trade Agreement, the U.S.-Panama Trade
Promotion Agreement, the U.S.-Colombia Trade Promotion
Agreement, as well as the Associated Proposed Statements of
Administrative Action.
October 11, 2011--Open Executive Session to consider S. 1641, a
bill to implement the U.S.-Colombia Trade Promotion
Agreement; S. 1642, a bill to implement the U.S.-Korea Free
Trade Agreement; S. 1643, a bill to implement the U.S.-
Panama Trade Promotion Agreement; as well as the associated
Statements of Administrative Action; and to consider
favorably reporting the nominations of Michael W. Punke, of
Montana, to be a Deputy United States Trade Representative,
with the rank of Ambassador, Executive Office of the
President; Islam A. Siddiqui, of Virginia, to be Chief
Agricultural Negotiator, Office of the United States Trade
Representative, with the rank of Ambassador, Executive
Office of the President; Paul Piquado, of the District of
Columbia, to be an Assistant Secretary of Commerce, United
States Department of Commerce; and David S. Johanson, of
Texas, to be a Member of the United States International
Trade Commission, for a term expiring December 16, 2018.
2012
July 18, 2012--Open Executive Session to consider the Enforcing
Orders and Reducing Customs Evasion (ENFORCE) Act; Citrus,
Cotton, and Wool Trust Funds; African Growth and
Opportunity Act (AGOA) Amendments, Dominican Republic-
Central America-United States Free Trade Agreement (CAFTA-
DR) Technical Corrections, Burma Sanctions; and Russia
Permanent Normal Trade Relations (PNTR) and Moldova PNTR.
Subcommittee on International Trade, Customs,
and Global Competitiveness
2011
May 5, 2011--``Enforcing America's Trade Laws in the Face of
Customs Fraud and Duty Evasion.'' Received testimony from
the Honorable Sherrod Brown, Senator from Ohio; The
Honorable Claire McCaskill, Senator from Missouri; The
Honorable Roy Blunt, Senator from Missouri; Robert Mahoney,
President, Tubular Products Group, Northwest Pipe Company,
Portland, OR; Richard Adee, Owner, Chairman, Adee Honey
Farms, American Honey Producers Associate Legislative
Committee, Bruce, SD; Karl Glassman, Executive Vice
President and Chief Operating Officer, Leggett and Platt
Incorporated, Carthage, MO; Marguerite E. Trossevin, Jochum
Shore and Trossevin on behalf of the Retail Industry
Leaders Association, Alexandria, VA; Roger Schagrin,
Chairman, Government Affairs Committee, Committee to
Support U.S. Trade Laws, Annapolis, MD; J. Scott Ballman,
Deputy Assistant Director, Homeland Security
Investigations, U.S. Immigration and Customs Enforcement,
U.S. Department of Homeland Security; Allen Gina, Assistant
Commissioner of International Trade, U.S. Customs and
Border Protection; Ronald Lorentzen, Deputy Assistant
Secretary for Import Administration, U.S. Department of
Commerce.
2012
April 18, 2012--``The Asia Pacific: Trade Opportunities for
Agriculture and Food Producers from the Great Plains to the
Pacific Northwest.'' Received testimony from Ambassador Isi
Siddiqui, Chief Agriculture Negotiator, Office of the
United States Trade Representative; The Honorable Robert
Hormats, Under Secretary for Economic Growth, Energy and
the Environment, U.S. Department of State; Darci Vetter,
Deputy Under Secretary, Farm and Foreign Agriculture
Services, U.S. Department of Agriculture; Mark Powers, Vice
President, Northwest Horticultural Council, Yakima, WA;
Paul Casper, President, South Dakota Soybean Association,
Lake Preston, SD; Steve Crider, International Sales
Manager, Amy's Kitchen, Burlington, WA; and Steve Thomson,
Executive Vice President, King Estate Winery, Eugene, OR.
HEALTH
SUMMARY OF ACTIVITIES
Throughout the 112th Congress, the committee acted several
times to prevent significant reductions in Medicare physician
payments. H.R. 3765, the Temporary Payroll Tax Cut Continuation
Act of 2011. The bill included two-month extensions of the 1.0
floor in the Work Geographic Index for any locality in which
the Index is less than 1.0, the exceptions process for therapy
caps, direct payments to independent laboratories for physician
pathology services, ambulance add-on payments, the outpatient
hold harmless provision, the minimum payment for bone mass
measurement, the Transitional Medical Assistance program, the
Qualified Individual program, and of the Section 508 hospital
program, and the mental health add-on payment. The bill also
prevented, for two months, a schedule reduction in Medicare
physician payments. H.R. 3765 passed the Senate by unanimous
consent on December 23, 2011. The House passed the identical
bill on December 23, 2011.
The committee further extended certain Medicare and
Medicaid provisions in the Conference Report for H.R. 3630, the
Middle Class Tax Relief and Job Creation Act of 2012. The bill
included a provision extending the 1.0 floor in the Work
Geographic Index for any locality in which the Index is less
than 1.0 for ten months, an extension of the outpatient hold
harmless provision for ten months, an extension of the
exceptions process for therapy caps for ten months, a provision
continuing direct payments to independent laboratories for
physician pathology services for ten months, an extension of
ambulance add-on payments for ten months, an extension of the
Transitional Medical Assistance program for ten months, and an
extension of the Qualified Individual program for ten months.
The bill phased out the Section 508 hospital program and the
mental health add-on payment after four month extensions of
both. The bill also prevented, for ten months, a schedule
reduction in Medicare physician payments. A number of health-
related offsets were part of the bill including, a reduction of
bad debt treated as an allowable cost in Medicare, rebasing
Medicare clinical laboratory payment rates, rebasing Medicaid
Disproportionate Share Hospital allotments for fiscal year
2021, a technical correction to the disaster recovery Federal
Medical Assistance Percentage (FMAP) provision of the
Affordable Care Act, and a reduction of the Prevention and
Public Health Fund. The Conference Report was agreed to by the
Senate on February 17, 2012. The House also agreed to the
Conference Report on February 17, 2012.
H.R. 674, the 3% Withholding Repeal and Job Creation Act,
used a health provision as an off-set. The bill required the
definition of modified adjusted gross income (MAGI) to include
Social Security benefits for Medicaid eligibility and Exchange
tax credits starting in 2014. H.R. 674 passed in the Senate on
November 10, 2011. The House passed the bill on November 16,
2011.
H.R. 2832, the Trade Adjustment Assistance Extension Act of
2011, also included a health provision as an off-set. The bill
expanded the geographic scope of Medicare Quality Improvement
Organization (QIO) state contracts to include national entities
and multiple QIOs within a geographic area. H.R. 2832 was
passed in the Senate on September 22, 2011. The House passed an
identical bill on October 12, 2011.
In H.R. 4348, the Moving Ahead for Progress in the 21st
Century Act, another health off-set was used. The bill required
that the corrected disaster-recovery FMAP be applied in October
of 2012 rather than October of 2013. The Conference Report was
agreed to in the Senate and the House on June 29, 2012.
The committee also achieved multiple extensions of the
Temporary Assistance to Needy Families (TANF) program. H.R.
2943, the Short-Term TANF Extension Act, extended basic TANF
funding for three months, through December 31, 2011. H.R. 2943
was passed in the Senate on September 23, 2011. The House
passed the identical bill on September 21, 2011.
H.R. 3765, the Temporary Payroll Tax Cut Continuation Act
of 2011, extended basic TANF funding for two months through
February 29, 2012.
H.R. 3630, the Middle Class Tax Relief and Job Creation Act
of 2012, extended basic TANF funding until September 30, 2012,
and prevented electronic benefit transaction access to TANF
cash at liquor stores, casinos, and adult entertainment clubs.
The bill also required states to report TANF data in a manner
that facilitates the exchange of that data with other programs'
data systems.
H.J. Res 117, Continuing Appropriations Resolution, 2013,
extended TANF funding through March 2013 at fiscal year 2012
levels. The Senate passed the Continuing Resolution on
September 22, 2012. The House passed the Continuing Resolution
on September 13, 2012.
The committee was also very active on Unemployment
Insurance during the 112th Congress. H.R. 2832, the Trade
Adjustment Assistance Extension Act of 2011, added new federal
requirements for state Unemployment Compensation programs
related to overpayment penalties for employers and claimants,
as well as to the reporting of rehired employees.
H.R. 3765, the Temporary Payroll Tax Cut Continuation Act
of 2011, extended the Emergency Unemployment Compensation (EUC)
program through March 6, 2012 and postponed the termination of
the program until August 15, 2012. The bill also extended
requirements that federal payments to states cover 100 percent
of EUC, and the three-year lookback trigger option for
emergency benefits.
H.R. 3630, the Middle Class Tax Relief and Job Creation Act
of 2012, extended the EUC program through December 2012, while
reducing the duration and availability of EUC benefits over
calendar year 2012. The bill also made reforms to state
Unemployment Compensation programs, provided EUC claimants with
additional reemployment services, and expanded programs to
provide alternatives to Unemployment Insurance benefits.
The committee also achieved an extension of child welfare
programs. H.R. 2883, the Child and Family Services Improvement
and Innovation Act, extended funding authorization for the
Stephanie Tubbs Jones Child Welfare Services Program and the
Promoting Safe and Stable Families Program for five years. The
bill was passed in the Senate on September 22, 2011. The House
passed an identical bill on September 21, 2011.
Full Committee Hearings
2011
February 15, 2011--``The President's Fiscal Year 2012 Budget
Proposal.'' The purpose of this hearing was to introduce to
the committee the President's FY2012 proposed budget.
Testimony was received from the Honorable Kathleen
Sebelius, Secretary of Health and Human Services,
Washington, DC.
March 2, 2011--``Preventing Health Care Fraud: New Tools and
Approaches to Combat Old Challenges.'' This hearing focused
on recent activities by the Centers for Medicare and
Medicaid Services and the Department of Health and Human
Services Inspector General related to preventing health
care fraud as well as receiving an update on the
implementation of Medicare and Medicaid program integrity
policies enacted as part of the Affordable Care Act.
Testimony was received by the Honorable Daniel R. Levinson,
Inspector General of the Department of Health and Human
Services, Washington, DC; and Peter Budetti, MD, J.D.,
Deputy Administrator, Centers for Medicare and Medicaid
Services, Washington, DC.
March 10, 2011--``Innovations in Child Welfare Waivers:
Starting on the Pathway to Reform.'' The objective of this
hearing was to explore the ways in which state innovation,
facilitated by an expansion of child welfare waivers, can
improve outcomes for youth in foster care or at risk of
entering foster care. The witnesses included Charlie
McNeely, a former foster youth from Oregon; Joscelynn
Murdock, a former foster youth and an active advocate for
youth in foster care from California; Crystal Ward Allen,
MSW, LSW, the Executive Director of Public Children
Services Associate of Ohio; and William C. Bell, Ph.D., the
President and Chief Executive Officer of Casey Family
Programs.
March 16, 2011--``Health Reform: Lessons Learned During the
First Year.'' This hearing focused on the progress of
implementing the health reform law. The hearing marked the
one-year anniversary of enactment of the Affordable Care
Act, and witnesses discussed progress made in implementing
the law as well as highlighting benefits. The witnesses
included the Honorable Kathleen Sebelius, Secretary of
Health and Human Services, Washington, DC; Paul Van de
Water, Ph.D., Senior Fellow, Center on Budget and Policy
Priorities, Washington, DC; and Douglas Holtz-Eakin, Ph.D.,
President, American Action Forum, Washington, DC.
June 22, 2011--``Preserving Integrity, Preventing Overpayments,
and Eliminating Fraud in the Unemployment Insurance
System.'' This hearing examined ways to reduce inefficiency
and errors in the Unemployment Insurance system and to
assure that benefits are targeted to those who are entitled
to receive benefits. The witnesses included Jane Oates,
M.Ed., the Assistant Secretary for Employment and Training,
United States Department of Labor, Washington, DC; Kristen
Cox, the Executive Director of the Utah Department of
Workforce Services, Salt Lake City, UT; Paul Trause, the
Commissioner of the Washington Employment Security
Department, Olympia, WA; and Mike Cullen, the Managing
Director of On Point Technology, Inc., Oak Brook, Illinois.
June 23, 2011--``Health Care Entitlements: The Road Forward.''
This hearing focused on the effects Medicare and Medicaid
have on federal spending and their impact on the federal
budget deficit. Testimony was received from the Honorable
Deval Patrick, Governor of Massachusetts; the Honorable
Ernie Fletcher, former Governor of Kentucky; the Honorable
Bruce Vladeck, former Administrator of the Health Care
Financing Administration (now known as the Centers for
Medicare and Medicaid Services); and Douglas Holtz-Eakin,
former Director of the Congressional Budget Office.
July 14, 2011--Field Hearing on ``Perspectives on Medicaid from
Select Governors.'' The Finance Committee held a field
hearing at the Utah State Capitol. The hearing focused on
program administration and state budgets, highlighting some
of the challenges governors face in designing and running
their Medicaid programs. The witnesses were the Honorable
Gary Herbert, Governor of Utah; and the Honorable Haley
Barbour, Governor of Mississippi.
September 21, 2011--``Dually-Eligible Beneficiaries: Improving
Care While Lowering Costs.'' The Finance Committee held a
hearing focused on dually-eligible beneficiaries, those who
are eligible for both Medicare and Medicaid. The hearing
was held to: (1) highlight the work of the Medicare-
Medicaid Coordination Office (MMCO), which was created by
the Affordable Care Act to streamline the administration of
Medicare and Medicaid and (2) identify next steps for
Congress and the Administration that would further improve
care for these beneficiaries. Melanie Bella, the Director
of MMCO at the Centers for Medicare and Medicaid Services,
was the sole witness.
November 10, 2011--``Unemployment Insurance: The Path Back to
Work.'' The purpose of this hearing was to serve as a
catalyst for changing the Unemployment Insurance
conversation from a discussion focused solely on benefit
extensions, to a conversation that also included policies
that would assist unemployed Americans return to work. The
witnesses were Stephen Wander, Ph.D., a Visiting Fellow
from The Urban Institute, Washington, DC; Larry Temple, the
Executive Director of the Texas Workforce Commission,
Austin, TX; Charles J. Fogarty, the Director of Rhode
Island Department of Labor and Training, Cranston, RI; and
Don Peitersen, the Director of Unemployment Insurance and
Workforce Projects from the American Institute for Full
Employment, Aurora, CO.
December 7, 2011--``Drug Shortages: Why They Happen and What
They Mean.'' The purpose of this hearing was to examine the
causes of drug shortages, how drug shortages affect federal
health care programs and what, if any, tools are available
to policy makers to prevent or alleviate drug shortages.
Testimony was received from Kasey Thompson, PharmD, Vice
President of the American Society of Health-System
Pharmacists, Bethesda, MD; Patrick Cobb, MD, Oncologist
with the Frontier Cancer Center and Blood Institute,
Billings, MT; Scott Gottlieb, MD, Resident Fellow at the
American Enterprise Institute for Public Policy Research,
Washington, DC; and Rena Conti, Ph.D., Assistant Professor
at the University of Chicago, Chicago, IL.
2012
February 15, 2012--``The President's Budget for Fiscal Year
2013.'' The purpose of this hearing was to introduce to the
committee the President's FY2013 proposed budget. Testimony
was received from the Honorable Kathleen Sebelius,
Secretary of Health and Human Services, Washington, DC.
April 24, 2012--``Anatomy of a Fraud Bust: From Investigation
to Conviction.'' The purpose of this hearing was to walk
through how a health care fraud and abuse case is developed
from the initial discovery of aberrant activity all the way
through to investigation and prosecution. The hearing
focused on an investigation that resulted, at the time, in
the largest prosecution for false Medicare and Medicaid
billing. Testimony was received from the Honorable Daniel
R. Levinson, Inspector General, Department of Health and
Human Services, Washington, DC; Peter Budetti, MD, J.D.,
Deputy Administrator, Centers for Medicare and Medicaid
Services, Washington, DC; the Honorable Wifredo A. Ferrer,
United States Attorney, Southern District of Florida,
Department of Justice, Miami, FL; and Kathleen King,
Director, Health Care, United States Government
Accountability Office, Washington, DC.
May 23, 2012--``Progress in Health Care Delivery: Innovations
from the Field.'' This hearing focused on health care
delivery reforms. The witnesses discussed innovative
efforts throughout the health care system to improve
quality and lower costs to patients and to payers. The
hearing also highlighted collaboration within the provider
community, and collaboration between providers and the
federal government. The witnesses were Richard Migliori,
MD, Executive Vice President of Health Services,
UnitedHealth Group, Minnetonka, MN; Lee Sacks, MD,
Executive Vice President and Chief Medical Officer,
Advocate Health Care, Oak Brook, IL; Marc Malloy, Chief
Executive Officer, Renaissance Medical Management Company,
Wayne, PA; and Paul Diaz, J.D., Chief Executive Officer,
Kindred Healthcare, Louisville, KY.
June 5, 2012--``Combating Poverty: Understanding New Challenges
for Families.'' The purpose of this hearing was to
facilitate a broad conversation focused on poverty in the
United States. In addition, this hearing offered an
opportunity for committee members to learn about the state
of the Temporary Assistance for Needy Families program,
which was scheduled to expire on September 30, 2012. The
witnesses were Ron Haskins, Ph.D., a Senior Fellow in the
Economic Studies Program and Co-Director of the Center on
Children and Families at the Brookings Institution,
Washington, DC; Laura Lein, Ph.D., Dean of the University
of Michigan School of Social Work, Ann Arbor, MI; and Kay
Brown, MPA, the Director of the United States Government
Accountability Office's Education, Workforce and Income
Security team, Washington, DC.
August 8, 2012--``Healing in Indian Country: Ensuring Access to
Quality Health Care.'' The Finance Committee held a field
hearing at the Crow-Northern Cheyenne Hospital on the Crow
Reservation in Montana. The hearing was held to explore
solutions for improving health care in Indian Country. The
witnesses explained why American Indians and Alaska Natives
have a life expectancy that is five years shorter than that
of the general population and why it is so difficult to
recruit and retain doctors and nurses on reservations. The
hearing also focused on a response plan compiled by the
Centers for Medicare and Medicaid Services as an important
source of solutions at the Crow-Northern Cheyenne Hospital.
The witnesses were Cedric Black Eagle, Chairman, Crow
Nation, Crow Agency, MT; Henry Pretty On Top, Cabinet Head,
Crow Agency Health and Human Services, Crow Agency, MT; and
Robert McSwain, MPA, Deputy Director for Management
Operations, Indian Health Service, Rockville, MD.
Full Committee Legislative Activities
2011
September 20, 2011--Mark-Up: ``The Child and Family Services
Improvement and Innovation Act of 2011.'' The purpose of
this mark-up was to review a bill designed to reauthorize
funding for Promoting Safe and Stable Families and the
ability of states to receive child welfare waivers. This
Act extends funding authorization for the Stephanie Tubbs
Jones Child Welfare Services Program and the Promoting Safe
and Stable Families Program for five years (FY2012-FY2016).
The programs are authorized under Title IV-B of the Social
Security Act and received combined funding of $709 million
in FY2011. On September 20, 2011, the committee held a
markup of S. 1542 and unanimously agreed to favorably
report S. 1542 (without amendment) to the full Senate. On
September 22, 2011, the full Senate passed H.R. 2883 (same
bill as S. 1542) by unanimous consent. The House passed the
identical bill on September 21, 2011.
Roundtable Discussions
2012
May 10, 2012--Roundtable Discussion on ``Medicare Physician
Payments: Understanding the Past So We Can Envision the
Future.'' This was the first of three roundtables that
examined potential changes to Medicare physician payment
policies. The four participants, former administrators of
the Centers for Medicare and Medicaid Services (CMS) and
its predecessor, the Health Care Financing Administration
(HCFA), discussed the history of the sustainable growth
rate (SGR) formula, which has mandated significant
reductions to Medicare physician payments over the past
several years. Congress has overridden these reductions
through legislation. The former Administrators discussed
the history of the SGR as well as potential short- and
long-term solutions to reforming the Medicare physician
payment system. Their suggestions included developing
alternatives to the current fee-for-
service system that focus on reducing spending growth while
supporting patient-centered, coordinated care. The
panelists were Gail Wilensky, Ph.D., Senior Fellow, Project
Hope, Bethesda, MD; Bruce Vladeck, Ph.D., Senior Advisor,
Nexera, New York, NY; Thomas Scully, J.D., Senior Counsel,
Alston and Bird, Washington, DC; and Mark McClellan, MD,
Ph.D., Director of the Engelberg Center for Health Reform,
Brookings Institution, Washington, DC.
June 14, 2012--Roundtable Discussion on ``Medicare Physician
Payment Policy: Lessons from the Private Sector.'' This
roundtable addressed efforts the private sector is
undertaking to incentivize physicians to provide high
quality care at lower costs. Participants were
representatives from health insurance companies and an
independent physician association. They discussed their
respective organization's successes and challenges and how
their experiences could inform changes to the Medicare
physician payment system. Participants emphasized the need
for timely data to provide feedback and incentives for
physicians based upon quality and cost metrics. The
panelists were Dana Safran, ScD, Senior Vice President,
Blue Cross Blue Shield of Massachusetts, Boston, MA; Peter
Edwards, President of Provider Development, Humana,
Lexington, KY; Lonny Reisman, MD, Senior Vice President and
Chief Medical Officer, Aetna, Hartford, CT; Chet Burrell,
President and Chief Executive Officer, CareFirst Blue Cross
Blue Shield of Maryland, Washington, DC; and Darryl
Cardoza, Chief Executive Officer, Hill Physician Medical
Group, San Ramon, CA.
July 11, 2012--Roundtable Discussion on ``Medicare Physician
Payments: Perspectives from Physicians.'' This roundtable
engaged committee members in a discussion with
representatives of the physician community about changes to
the Medicare payment system that would incentivize
physicians to provide high quality, high value care. In
addition to the American Medical Association (AMA), the
participants represented a diversity of physician
specialties: family medicine, general surgery, cardiology,
and oncology. The group discussed the need to move away
from a volume-based system to one that rewards quality.
They stressed the need for Medicare to provide timely,
reliable data to help physicians improve their performance.
The panelists were Ardis Hoven, MD, Board of Trustees, AMA,
Lexington, KY; Glen Stream, MD, President, American Academy
of Family Physicians, Spokane, WA; W. Douglas Weaver, MD,
MACC, Vice President, Henry Ford Health System, Detroit,
MI; Frank Opelka, MD, FACS, Vice Chancellor of Clinical
Affairs and Professor of Surgery, Louisiana State
University Health Science Center, New Orleans, LA; and
Barbara McAneny, MD, Chief Executive Officer, New Mexico
Oncology Hematology Consultants, Albuquerque, NM.
Subcommittee on Health Care
2012
March 22, 2012--``Prescription Drug Abuse: How are Medicare and
Medicaid Adapting to the Challenge.'' The Subcommittee on
Health Care held a hearing on the devastating epidemic of
prescription drug abuse in West Virginia and throughout the
country, and the role that Medicare and Medicaid can play
in preventing and treating prescription drug overdose and
addiction. The hearing examined what Medicare and Medicaid
can do to give doctors, nurses, and pharmacists better
tools and training so they can help avoid overprescribing,
misuse or diversion of prescription drugs. Testimony was
heard from Jeffrey Coben, MD, Director, Injury Control
Research Center, West Virginia University, Charleston, WV;
Timothy C. Schwab, MD, FACP, Chief Medical Officer, SCAN
Health Plan, Long Beach, CA; Billy Millwee, MHA, Medicaid
Director, State of Texas; and Alex Cahana, MD, Chief of
Anesthesiology and Pain Medicine, University of Washington,
Seattle, WA.
SOCIAL SECURITY
SUMMARY OF ACTIVITIES
During the 112th Congress, the committee held hearings
about how Social Security benefits should be considered in
efforts to reduce the federal budget deficit and how the Agency
is administering the Social Security and SSI programs.
Full Committee Hearings
May 10, 2011--``Perspectives on Deficit Reduction: Social
Security.'' This hearing featured the testimony of James
Roosevelt, Jr., J.D., President and Chief Executive
Officer, Tufts Health Plan, Watertown, MA; Charles Blahous,
Ph.D., Research Fellow, Hoover Institute, Washington, DC;
Nancy Altman, Chair, Pension Rights Center, and Co-Chair,
Strengthen Social Security Campaign, Washington, DC; and
Alex Brill, Research Fellow, American Enterprise Institute,
Washington, DC. The testimony focused on how the Social
Security program should be considered in the context of
legislative efforts to reduce the federal deficit. Some
panel members testified that Social Security should not be
addressed as a part of deficit reduction because Social
Security is funded by a dedicated payroll tax and has
sufficient resources in the Social Security trust fund to
pay full benefits until 2036. Others felt that since Social
Security is currently paying out more in benefits than its
dedicated sources of revenue, changes to Social Security
should be considered in efforts to reduce the federal
deficit.
May 17, 2012--``The Social Security Administration: Is it
Meeting its Responsibilities to Save Taxpayer Dollars and
Serve the Public?'' This hearing featured the testimony of
The Honorable Michael Astrue, Commissioner, United States
Social Security Administration, Baltimore, MD. The hearing
focused on whether or not the Agency has made sufficient
progress on the backlog of disability claims and how the
level of administrative funding the Agency receives
directly impacts the Agency's ability to process claims
while also conducting program integrity work.
OVERSIGHT AND INVESTIGATIONS
SUMMARY OF ACTIVITIES
TARP Oversight
Chairman Baucus is continuing to monitor quarterly reports
from the Special Inspector General for the Troubled Asset
Relief Program (SIGTARP) which performs audits and
investigations to safeguard the TARP program. In addition to
bringing transparency and accountability to the TARP program
through its auditing work, SIGTARP has assisted in delivering
criminal charges and civil cases against companies and
individuals attempting to defraud the program. Chairman Baucus
fought to include the Special Inspector General for the
Troubled Asset Relief Program (TARP) requirement in the
Emergency Economic Stabilization Act of 2008 to protect
taxpayer interests and guard against waste, fraud and abuse in
the Treasury's financial rescue program.
Health Care Conflicts of Interest
Staff Report on Medtronic's Influence on Peer-Reviewed Medical Journal
Articles
In June 2011, Chairman Baucus and Senator Grassley
initiated an investigation into Medtronic's financial
relationship with its physician consultants concerning INFUSE,
a product used in spinal fusion surgery, after it was reported
that peer reviewed medical journal articles authored by
Medtronic consultants did not report dangerous side effects
experienced by patients. After analyzing thousands of documents
provided to the committee by Medtronic, Senators Baucus and
Grassley published a staff report in October 2012 showing that
Medtronic employees collaborated with physician authors to edit
and write segments of the medical journal articles without
disclosure. In addition, the investigation found that
physicians who authored studies about INFUSE received $210
million in payments from Medtronic over a 15-year period.
Staff Report on For-Profit Home Health Companies Gaming Medicare
Payment System
In October 2011, Chairman Baucus and Senator Grassley
released a Finance Committee staff report showing tactics used
by major for-profit home health companies to game Medicare. The
result has been waste of taxpayer dollars and the delivery of
what could be medically-unnecessary patient care to increase
the companies' profits. The Senators initiated the
investigation into the improper practices as part of the
committee's oversight role of the Medicare and Medicaid
programs and the Senators' ongoing commitment to protect
patients and taxpayer dollars from waste, fraud, and abuse.
Senators Baucus and Grassley began their investigation into
home health therapy practices in May 2010 in response to a
media report that these home health companies took advantage of
the Medicare therapy payment system by providing medically
unnecessary patient care. The committee staff report examines
documents provided by home health companies which show how
therapists were encouraged to target the most profitable number
of therapy visits, even when patient need may not have required
such visits. In addition, therapy visit records for each
company showed concentrated numbers of therapy visits at or
just above the point at which a ``bonus'' payment was triggered
by the Medicare program.
Investigation into Narcotic Painkiller Manufacturers' Ties to Medical
Groups
In May 2012, Chairman Baucus and Senator Grassley initiated
an ongoing investigation into the connections of drug
manufacturers Purdue Pharma, Endo Pharmaceuticals, and Johnson
and Johnson with medical groups and physicians who have
advocated the increased use of narcotic painkillers, or
opioids. The Senators also asked seven other medical groups to
produce information about their financial ties and
collaborations with opioid manufacturers. The inquiry will help
to establish whether they have promoted misleading information
about the risks and benefits of opioids while receiving
financial support from opioid manufacturers. Senators Baucus
and Grassley requested documents and financial information from
the companies and noted that deaths resulting from opioid
overdoses have recently skyrocketed, growing nearly 400 percent
between 1999 and 2008. They also highlighted news reports
suggesting the increase may be driven by misinformation and
dubious marketing practices used by the pharmaceutical
companies and the medical organizations they fund.
Staff Report on Sanofi-Aventis Use of Third Parties to Lobby the FDA
In May 2011, an investigation led by Chairman Baucus and
Senator Grassley found that the pharmaceutical company Sanofi
planned a coordinated strategy to delay generic alternatives to
its blockbuster blood-thinner drug Lovenox. The strategy took
advantage of the FDA's citizen petition process, which allows
individuals and experts to raise concerns about the
alternatives. The Senators requested records from Sanofi
following reports that it had financial ties with two medical
groups, the Society of Hospital Medicine and the North American
Thrombosis Forum, along with a Duke University medical
professor, Dr. Victor Tapson. The documents reviewed by the
committee staff showed that the groups involved each
participated in the petition process following encouragement
from Sanofi. And, the Society of Hospital Medicine and the
North American Thrombosis Forum received more than two million
dollars each from Sanofi, while Dr. Tapson received more than
$200,000.
Potential Conflicts of Interest Among Medicare Contractors
In March 2011, Chairman Baucus joined Senator Carper and
Senator McCaskill in examining potential conflicts of interest
among Medicare contracts. A survey by congressional staff found
that some Medicare Administrative Contractors, which handle
Medicare reimbursements, have financial relationships with Zone
Program Integrity Contractors, which perform oversight on the
work of the Medicare Administrative Contractors. Also, some of
these oversight contractors have financial relationships with
Medicare providers. In response to these concerns, the Senators
requested that the HHS Inspector General conduct a review of
relevant contracts to ensure compliance with federal
regulations. In July 2012, the IG released a report finding
that CMS did not have an adequate conflict of interest policy
in place, which is standard practice among federal agencies.
Many contractors' bids contained incomplete or inconsistent
information, with some contractor bids failing to provide all
relevant and required information regarding financial interests
with other contractors. As a result of the Inspector General's
review, CMS has improved its contractor bids review process,
requiring contractors to provide more complete conflict of
interest documents and information, as well as more consistent
bid reviews. Additionally, the agency will implement its first
written conflict of interest policy.
Non-Profit Tax Oversight
Investigation of Disabled Veterans National Foundation
In May 2012, Chairman Baucus and Senator Burr initiated an
investigation into the potential abuses of tax-exempt nonprofit
status by the Disabled Veterans National Foundation (DVNF),
following reports of questionable financial ties between DVNF
and Quadriga Art, a marketing firm that handles its direct
mail. According to tax records, DVNF raised tens of millions of
dollars over a two year period, yet reports indicate very
little of the money went to directly help disabled veterans.
Instead, DVNF apparently paid large sums to Quadriga Art in
2009 and 2010. In a letter sent to DVNF President Precilla
Wilkewitz, Baucus and Burr requested documents and information
relating to DVNF's fundraising and marketing activities,
services provided to disabled veterans, and connections to
Quadriga. In addition, Chairman Baucus and Senator Burr sent a
letter to Quadriga Art in September 2012 asking for additional
information about the company's financial relationship with
DVNF.
Letter to the IRS Concerning Non-Profit Campaign Activity
In November 2010, Chairman Baucus asked the IRS to examine
major 501(c)(4), 501(c)(5), and 501(c)(6) non-profit
organizations to ensure that political activity was not their
primary purpose and that they were not acting as a conduit to
advance private interests. In early 2012, the IRS sent detailed
questionnaires to some non-profit applicants to certify
compliance with the requirement that political activity was not
the groups' primary purpose. In addition the IRS briefed
committee staff about the review process to ensure compliance
with non-profit tax laws.
Medical Device Industry
GAO Report on Medical Device Pricing Transparency
In February 2012, Chairman Baucus released the results of a
GAO report he requested that found both a lack of medical
device pricing transparency and hospital bargaining power and a
lack of information presented to Medicare regarding the
implantable devices. The report also found wide discrepancy in
the prices hospitals paid for implantable medical devices. GAO
noted that for one particular device, the difference between
the lowest and highest price hospitals reported paying was as
high as $9,000. In another example, one hospital paid 83
percent more than another for the exact same knee implant.
Chairman Baucus said the next step should be to find an
effective mechanism to increase transparency that would help
contain costs, preserve high-quality care and save taxpayer
dollars.
NOMINATIONS
F. Scott Kieff, of Illinois, to be a Member of the United
States International Trade Commission for the term
expiring June 16, 2020, vice Daniel Pearson, term
expired.
Sept. 11, 2012--Received in the Senate and referred to the
Committee on Finance.
Jan. 3, 2013--Returned to the President under the provisions
of Senate Rule XXXI, paragraph 6 of the Standing
Rules of the Senate.
Christopher J. Meade, of New York, to be General Counsel for
the Department of the Treasury, vice George Wheeler
Madison, resigned.
Aug. 2, 2012--Received in the Senate and referred to the
Committee on Finance.
Dec. 20, 2012--Committee on Finance. Hearings held.
Jan. 3, 2013--Returned to the President under the provisions
of Senate Rule XXXI, paragraph 6 of the Standing
Rules of the Senate.
William B. Shultz, of the District of Columbia, to be General
Counsel of the Department of Health and Human Services,
vice Daniel Meron.
Apr. 18, 2012--Received in the Senate and referred to the
Committee on Finance.
Dec. 20, 2012--Committee on Finance. Hearings held.
Jan. 3, 2013--Returned to the President under the provisions
of Senate Rule XXXI, paragraph 6 of the Standing
Rules of the Senate.
Marilyn B. Tavenner, of Virginia, to be Administrator of the
Centers for Medicare and Medicaid Services, vice Donald
M. Berwick, resigned.
Dec. 1, 2011--Received in the Senate and referred to the
Committee on Finance.
Jan. 3, 2013--Returned to the President under the provisions
of Senate Rule XXXI, paragraph 6 of the Standing
Rules of the Senate.
Mark J. Mazur, of New Jersey, to be an Assistant Secretary of
the Treasury, vice Michael F. Mundaca, resigned.
Nov. 15, 2011--Received in the Senate and referred to the
Committee on Finance.
May 8, 2012--Committee on Finance. Hearings held.
June 29, 2012--Committee on Finance. Ordered to be reported
favorably.
June 29, 2012--Reported by Senator Baucus, Committee on
Finance, without printed report.
June 29, 2012--Placed on Senate Executive Calendar. Calendar
No. 827. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Aug. 2, 2012--Confirmed by the Senate by Voice Vote.
Meredith M. Broadbent, of Virginia, to be a Member of the
United States International Trade Commission for a term
expiring June 16, 2017, vice Deanna Tanner Okun, term
expired.
Nov. 8, 2011--Received in the Senate and referred to the
Committee on Finance.
May 8, 2012--Committee on Finance. Hearings held.
June 29, 2012--Committee on Finance. Ordered to be reported
favorably.
June 29, 2012--Reported by Senator Baucus, Committee on
Finance, without printed report.
June 29, 2012--Placed on Senate Executive Calendar. Calendar
No. 826. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Aug. 2, 2012--Confirmed by the Senate by Voice Vote.
Matthew S. Rutherford, of Illinois, to be an Assistant
Secretary of the Treasury, vice Mary John Miller.
Sept. 23, 2011--Received in the Senate and referred to the
Committee on Finance.
May 8, 2012--Committee on Finance. Hearings held.
June 29, 2012--Committee on Finance. Ordered to be reported
favorably.
June 29, 2012--Reported by Senator Baucus, Committee on
Finance, without printed report.
June 29, 2012--Placed on Senate Executive Calendar. Calendar
No. 825. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Alastair M. Fitzpayne, of Maryland, to be a Deputy Under
Secretary of the Treasury, vice Kim N. Wallace.
Sept. 15, 2011--Received in the Senate.
Sept. 15, 2011--Placed on Senate Executive Calendar in the
Privileged Nomination section with nominee
information requested by the Committee on Finance,
pursuant to S. Res. 116, 112th Congress.
Oct. 17, 2011--Referred to the Committee on Finance pursuant
to S. Res. 116, 112th Congress as requested by
Senator Grassley.
Nov. 17, 2011--Committee on Finance. Hearings held. Hearings
printed: S. Hrg. 112-657.
Dec. 17, 2011--Committee on Finance. Ordered to be reported
favorably.
Dec. 17, 2011--Reported by Senator Baucus, Committee on
Finance, without printed report.
Dec. 17, 2011--Placed on Senate Executive Calendar. Calendar
No. 544. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Mar. 29, 2012--Confirmed by the Senate by Voice Vote.
Ronald Lee Buch, of Virginia, to be a Judge of the United
States Tax Court for a term of fifteen years, vice
David Laro, term expired.
Sept. 15, 2011--Received in the Senate and referred to the
Committee on Finance.
Dec. 11, 2012--Committee on Finance. Hearings held.
Dec. 21, 2012--Committee on Finance. Ordered to be reported
favorably.
Dec. 21, 2012--Reported by Senator Baucus, Committee on
Finance, without printed report.
Dec. 21, 2012--Placed on Senate Executive Calendar. Calendar
No. 959. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Jan. 1, 2013--Confirmed by the Senate by Voice Vote.
Joseph H. Gale, of Virginia, to be a Judge of the United States
Tax Court for a term of fifteen years. (Reappointment)
July 11, 2011--Received in the Senate and referred to the
Committee on Finance.
Sept. 12, 2011--Committee on Finance. Hearings held. Hearings
printed: S. Hrg. 112-580.
Sept. 20, 2011--Committee on Finance. Ordered to be reported
favorably.
Sept. 20, 2011--Reported by Senator Baucus, Committee on
Finance, without printed report.
Sept. 20, 2011--Placed on Senate Executive Calendar. Calendar
No. 370. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Sept. 26, 2011--Confirmed by the Senate by Voice Vote.
Mary John Miller, of Maryland, to be an Under Secretary of the
Treasury, vice Jeffrey Alan Goldstein.
July 5, 2011--Received in the Senate and referred to the
Committee on Finance.
Nov. 17, 2011--Committee on Finance. Hearings held. Hearings
printed: S. Hrg. 112-657.
Dec. 17, 2011--Committee on Finance. Ordered to be reported
favorably.
Dec. 17, 2011--Reported by Senator Baucus, Committee on
Finance, without printed report.
Dec. 17, 2011--Placed on Senate Executive Calendar. Calendar
No. 541. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Mar. 29, 2012--Confirmed by the Senate by Voice Vote.
Albert G. Lauber, of the District of Columbia, to be a Judge of
the United States Tax Court for a term of fifteen
years, vice Stephen J. Swift, resigned.
May 26, 2011--Received in the Senate and referred to the
Committee on Finance.
Dec. 11, 2012--Committee on Finance. Hearings held.
Dec. 21, 2012--Committee on Finance. Ordered to be reported
favorably.
Dec. 21, 2012--Reported by Senator Baucus, Committee on
Finance, without printed report.
Dec. 21, 2012--Placed on Senate Executive Calendar. Calendar
No. 958. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Jan. 1, 2013--Confirmed by the Senate by Voice Vote.
Kathleen Kerrigan, of Massachusetts, to be a Judge of the
United States Tax Court for a term of fifteen years,
vice Harry A. Haines, term expired.
May 26, 2011--Received in the Senate and referred to the
Committee on Finance.
Nov. 17, 2011--Committee on Finance. Hearings held. Hearings
printed: S. Hrg. 112-657.
Dec. 17, 2011--Committee on Finance. Ordered to be reported
favorably.
Dec. 17, 2011--Reported by Senator Baucus, Committee on
Finance, without printed report.
Dec. 17, 2011--Placed on Senate Executive Calendar. Calendar
No. 543. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Mar. 29, 2012--Confirmed by the Senate by Voice Vote.
Janice Eberly, of Illinois, to be an Assistant Secretary of the
Treasury, vice Alan B. Krueger, resigned.
May 4, 2011--Received in the Senate and referred to the
Committee on Finance.
July 28, 2011--Committee on Finance. Hearings held. Hearings
printed: S. Hrg. 112-573.
Sept. 20, 2011--Committee on Finance. Ordered to be reported
favorably.
Sept. 20, 2011--Reported by Senator Baucus, Committee on
Finance, without printed report.
Sept. 20, 2011--Placed on Senate Executive Calendar. Calendar
No. 367. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Oct. 21, 2011--Confirmed by the Senate by Voice Vote.
David S. Johanson, of Texas, to be a Member of the United
States International Trade Commission for a term
expiring December 16, 2018, vice Charlotte A. Lane,
term expired.
Apr. 8, 2011--Received in the Senate and referred to the
Committee on Finance.
Sept. 12, 2011--Committee on Finance. Hearings held. Hearings
printed: S. Hrg. 112-580.
Oct. 11, 2011--Committee on Finance. Ordered to be reported
favorably.
Oct. 11, 2011--Reported by Senator Baucus, Committee on
Finance, without printed report.
Oct. 11, 2011--Placed on Senate Executive Calendar. Calendar
No. 420. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Oct. 31, 2011--Confirmed by the Senate by Voice Vote.
Paul Piquado, of the District of Columbia, to be an Assistant
Secretary of Commerce, vice David M. Spooner, resigned.
Mar. 4, 2011--Received in the Senate and referred to the
Committee on Finance.
Sept. 12, 2011--Committee on Finance. Hearings held. Hearings
printed: S. Hrg. 112-580.
Oct. 11, 2011--Committee on Finance. Ordered to be reported
favorably.
Oct. 11, 2011--Reported by Senator Baucus, Committee on
Finance, without printed report.
Oct. 11, 2011--Placed on Senate Executive Calendar. Calendar
No. 419. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Oct. 21, 2011--Confirmed by the Senate by Voice Vote.
Henry J. Aaron, of the District of Columbia, to be a Member of
the Social Security Advisory Board for a term expiring
September 30, 2014, vice Jeffrey Robert Brown, term
expired.
Feb. 14, 2011--Received in the Senate and referred to the
Committee on Finance.
Nov. 17, 2011--Committee on Finance. Hearings held. Hearings
printed: S. Hrg. 112-657.
Dec. 17, 2011--Committee on Finance. Ordered to be reported
favorably.
Dec. 17, 2011--Reported by Senator Baucus, Committee on
Finance, without printed report.
Dec. 17, 2011--Placed on Senate Executive Calendar. Calendar
No. 542. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Jan. 3, 2013--Returned to the President under the provisions
of Senate Rule XXXI, paragraph 6 of the Standing
Rules of the Senate.
David S. Cohen, of Maryland, to be Under Secretary for
Terrorism and Financial Crimes, vice Stuart Levey,
resigning.
Jan. 26, 2011--Received in the Senate and referred to the
Committee on Finance.
Apr. 7, 2011--Committee on Finance. Hearings held. Hearings
printed: S. Hrg. 112-462.
Apr. 13, 2011--By unanimous consent agreement, nomination to
be sequentially referred to the Committee on
Banking, Housing, and Urban Affairs.
Apr. 14, 2011--Committee on Finance. Ordered to be reported
favorably.
Apr. 14, 2011--Reported by Senator Baucus, Committee on
Finance, without printed report.
Apr. 14, 2011--Referred sequentially to the Committee on
Banking, Housing, and Urban Affairs under authority
of the order of the Senate of April 13, 2011.
May 3, 2011--Committee on Banking, Housing, and Urban
Affairs. Hearings held. Hearings printed: S. Hrg.
112-115.
May 12, 2011--Committee on Banking, Housing, and Urban
Affairs. Ordered to be reported favorably.
May 12, 2011--Reported by Senator Johnson (SD), Committee on
Banking, Housing, and Urban Affairs, without
printed report.
May 12, 2011--Placed on Senate Executive Calendar. Calendar
No. 120. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
June 30, 2011--Confirmed by the Senate by Voice Vote.
Timothy Charles Scheve, of Pennsylvania, to be a Member of the
Internal Revenue Service Oversight Board for a term
expiring September 14, 2015, vice Nancy Killefer, term
expired.
Jan. 26, 2011--Received in the Senate and referred to the
Committee on Finance.
Jan. 24, 2012--Received message of withdrawal of nomination
from the President.
Richard Sorian, of New York, to be an Assistant Secretary of
Health and Human Services, vice Christina H. Pearson,
resigned.
Jan. 26, 2011--Received in the Senate and referred to the
Committee on Finance.
Dec. 16, 2011--Received message of withdrawal of nomination
from the President.
Juan F. Vasquez, of Texas, to be a Judge of the United States
Tax Court for a term of fifteen years. (Reappointment)
Jan. 26, 2011--Received in the Senate and referred to the
Committee on Finance.
July 28, 2011--Committee on Finance. Hearings held. Hearings
printed: S. Hrg. 112-573.
Sept. 20, 2011--Committee on Finance. Ordered to be reported
favorably.
Sept. 20, 2011--Reported by Senator Baucus, Committee on
Finance, without printed report.
Sept. 20, 2011--Placed on Senate Executive Calendar. Calendar
No. 369. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Sept. 26, 2011--Confirmed by the Senate by Voice Vote.
Islam A. Siddiqui, of Virginia, to be Chief Agricultural
Negotiator, Office of the United States Trade
Representative, with the rank of Ambassador, vice
Richard T. Crowder.
Jan. 26, 2011--Received in the Senate and referred to the
Committee on Finance.
Sept. 12, 2011--Committee on Finance. Hearings held. Hearings
printed: S. Hrg. 112-580.
Oct. 11, 2011--Committee on Finance. Ordered to be reported
favorably.
Oct. 11, 2011--Reported by Senator Baucus, Committee on
Finance, without printed report.
Oct. 11, 2011--Placed on Senate Executive Calendar. Calendar
No. 418. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Oct. 21, 2011--Confirmed by the Senate by Voice Vote.
Michael W. Punke, of Montana, to be a Deputy United States
Trade Representative, with the Rank of Ambassador, vice
Peter F. Allgeier, resigned.
Jan. 26, 2011--Received in the Senate and referred to the
Committee on Finance.
Sept. 12, 2011--Committee on Finance. Hearings held. Hearings
printed: S. Hrg. 112-580.
Oct. 11, 2011--Committee on Finance. Ordered to be reported
favorably.
Oct. 11, 2011--Reported by Senator Baucus, Committee on
Finance, without printed report.
Oct. 11, 2011--Placed on Senate Executive Calendar. Calendar
No. 417. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Oct. 21, 2011--Confirmed by the Senate by Voice Vote.
Michael F. Mundaca, of New York, to be an Assistant Secretary
of the Treasury, vice Eric Solomon, resigned.
Jan. 26, 2011--Received in the Senate and referred to the
Committee on Finance.
July 29, 2011--Received message of withdrawal of nomination
from the President.
Alan D. Bersin, of California, to be Commissioner of Customs,
Department of Homeland Security, vice W. Ralph Basham.
Jan. 26, 2011--Received in the Senate and referred to the
Committee on Finance.
Feb. 1, 2012--Received message of withdrawal of nomination
from the President.
Donald M. Berwick, of Massachusetts, to be Administrator of the
Centers for Medicare and Medicaid Services, vice Mark
B. McClellan.
Jan. 26, 2011--Received in the Senate and referred to the
Committee on Finance.
Dec. 1, 2011--Received message of withdrawal of nomination
from the President.
Jenni Rane LeCompte, of the District of Columbia, to be an
Assistant Secretary of the Treasury, vice Michele A.
Davis, resigned.
Jan. 5, 2011--Received in the Senate and referred to the
Committee on Finance.
Apr. 7, 2011--Committee on Finance. Hearings held. Hearings
printed: S. Hrg. 112-462.
Apr. 14, 2011--Committee on Finance. Ordered to be reported
favorably.
Apr. 14, 2011--Reported by Senator Baucus, Committee on
Finance, without printed report.
Apr. 14, 2011--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.
June 30, 2011--Confirmed by the Senate by Voice Vote.
Maurice B. Foley, of Maryland, to be a Judge of the United
States Tax Court for a term of fifteen years.
(Reappointment)
Jan. 5, 2011--Received in the Senate and referred to the
Committee on Finance.
July 28, 2011--Committee on Finance. Hearings held. Hearings
printed: S. Hrg. 112-573.
Sept. 20, 2011--Committee on Finance. Ordered to be reported
favorably.
Sept. 20, 2011--Reported by Senator Baucus, Committee on
Finance, without printed report.
Sept. 20, 2011--Placed on Senate Executive Calendar. Calendar
No. 368. Subject to nominee's commitment to respond
to requests to appear and testify before any duly
constituted committee of the Senate.
Sept. 26, 2011--Confirmed by the Senate by Voice Vote.
BILLS AND RESOLUTIONS REFERRED
TO THE COMMITTEE
There were 1349 Senate bills and 11 House bills referred to
the committee for consideration during the 112th Congress. In
addition, 20 Senate and House resolutions (joint, concurrent or
simple resolutions) were referred to the committee.
REPORTS, PRINTS, AND STUDIES
During the 112th Congress, the committee and supporting
joint committees, prepared and issued 15 reports, special
prints, and studies on the following topics:
------------------------------------------------------------------------
Title Document no. To accompany
------------------------------------------------------------------------
A BILL TO CREATE A CITRUS TRUST 112-227........... S. 3568
FUND, TO RENEW AND MODIFY THE
COTTON TRUST FUND, AND TO
MODIFY AND EXTEND THE WOOL
TRUST FUND.
RUSSIA AND MOLDOVA JACKSON-VANIK 112-226........... S. 3406
REPEAL AND MAGNITSKY RULE OF
LAW ACCOUNTABILITY ACT.
AMENDING THE AFRICAN GROWTH AND 112-225........... S. 3326
OPPORTUNITY ACT TO EXTEND THE
THIRD-COUNTRY FABRIC PROGRAM
AND TO ADD SOUTH SUDAN TO THE
LIST OF COUNTRIES ELIGIBLE FOR
DESIGNATION UNDER THE ACT, TO
MAKE TECHNICAL CORRECTIONS TO
THE HARMONIZED TARIFF SCHEDULE
OF THE UNITED STATES RELATING
TO THE TEXTILE AND APPAREL
RULES OF ORIGIN FOR THE
DOMINICAN REPUBLIC-CENTRAL
AMERICA-UNITED STATES FREE
TRADE AGREEMENT, AND TO APPROVE
THE RENEWAL OF IMPORT
RESTRICTIONS CONTAINED IN THE
BURMESE FREEDOM AND DEMOCRACY
ACT OF 2003.
UNITED STATES-PANAMA TRADE 112-224........... S. 1643
PROMOTION AGREEMENT
IMPLEMENTATION ACT.
UNITED STATES-KOREA FREE TRADE 112-223........... S. 1642
AGREEMENT IMPLEMENTATION ACT.
UNITED STATES-COLOMBIA TRADE 112-222........... S. 1641
PROMOTION AGREEMENT
IMPLEMENTATION ACT.
ENFORCING ORDERS AND REDUCING 112-209........... S. 3524
CUSTOMS EVASION ACT OF 2012.
FAMILY AND BUSINESS TAX CUT 112-208........... S. 3521
CERTAINTY ACT OF 2012.
HIGHWAY INVESTMENT, JOB 112-152........... S. 2132
CREATION, AND ECONOMIC GROWTH
ACT OF 2012.
STAFF REPORT ON MEDTRONIC'S 112-38............ ..................
INFLUENCE ON INFUSE CLINICAL
STUDIES.
STAFF REPORT ON HOME HEALTH AND 112-24............ ..................
THE MEDICARE THERAPY THRESHOLD.
STAFF REPORT ON SANOFI'S 112-20............ ..................
STRATEGIC USE OF THIRD PARTIES
TO INFLUENCE THE FDA.
REPORT ON THE ACTIVITIES OF THE 112-11............ ..................
COMMITTEE ON FINANCE OF THE
UNITED STATES SENATE DURING THE
111TH CONGRESS PURSUANT TO RULE
XXVI OF THE STANDING RULES OF
THE UNITED STATES SENATE.
RULES OF PROCEDURE, SENATE 112-8............. ..................
COMMITTEE ON FINANCE.
AIRPORT AND AIRWAY TRUST FUND 112-1............. S. 340
REAUTHORIZATION ACT OF 2011.
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OFFICIAL COMMUNICATIONS
During the 112th Congress, a total of 634 official
communications were submitted to the committee. Of these, 12
were Presidential Messages; 609 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 13 Petitions and Memorials.