Union Calendar No. 473
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1 Union Calendar No. 473 105TH CONGRESS REPORT 2d Session HOUSE OF REPRESENTATIVES 105±832 "! REPORT ON THE LEGISLATIVE AND OVERSIGHT ACTIVITIES OF THE COMMITTEE ON WAYS AND MEANS DURING THE 105TH CONGRESS DECEMBER 18, 1998.ÐCommitted to the Committee of the Whole House on the State of the Union and ordered to be printed U.S. GOVERNMENT PRINTING OFFICE 69±006 WASHINGTON : 1998 COMMITTEE ON WAYS AND MEANS BILL ARCHER, Texas, Chairman PHILIP M. CRANE, Illinois CHARLES B. RANGEL, New York BILL THOMAS, California FORTNEY PETE STARK, California E. CLAY SHAW, JR., Florida ROBERT T. MATSUI, California NANCY L. JOHNSON, Connecticut BARBARA B. KENNELLY, Connecticut JIM BUNNING, Kentucky WILLIAM J. COYNE, Pennsylvania AMO HOUGHTON, New York SANDER M. LEVIN, Michigan WALLY HERGER, California BENJAMIN L. CARDIN, Maryland JIM MCCRERY, Louisiana JIM MCDERMOTT, Washington DAVE CAMP, Michigan GERALD D. KLECZKA, Wisconsin JIM RAMSTAD, Minnesota JOHN LEWIS, Georgia JIM NUSSLE, Iowa RICHARD E. NEAL, Massachusetts SAM JOHNSON, Texas MICHAEL R. MCNULTY, New York JENNIFER DUNN, Washington WILLIAM J. JEFFERSON, Louisiana MAC COLLINS, Georgia JOHN S. TANNER, Tennessee ROB PORTMAN, Ohio XAVIER BECERRA, California PHILIP S. ENGLISH, Pennsylvania KAREN L. THURMAN, Florida JOHN ENSIGN, Nevada JON CHRISTENSEN, Nebraska WES WATKINS, Oklahoma J.D. HAYWORTH, Arizona JERRY WELLER, Illinois KENNY HULSHOF, Missouri (II) LETTER OF TRANSMITTAL HOUSE OF REPRESENTATIVES, COMMITTEE ON WAYS AND MEANS, Washington, DC, December 18, 1998. Hon. ROBIN H. CARLE, Clerk of the House of Representatives, The Capitol, Washington DC. DEAR MS. CARLE: I am herewith transmitting, pursuant to House Rule XI, clause 2(d), the report of the Committee on Ways and Means on its legislative and oversight activities during the 105th Congress. With best personal regards, Sincerely, BILL ARCHER, Chairman. (III) C O N T E N T S Page Transmittal Letter ................................................................................................... III Forward .................................................................................................................... VII I. Legislative Activity Review ............................................................................. 1 A. Legislative Review of Budget Reconciliation: Balanced Budget Act of 1997 and Taxpayer Relief Act of 1997 ............................................. 1 B. Legislative Review of Tax, Trust Fund, and Pension Issues ............ 7 C. Legislative Review of Trade Issues ..................................................... 13 D. Legislative Review of Health Issues ................................................... 33 E. Legislative Review of Social Security Issues ...................................... 36 F. Legislative Review of Human Resources Issues ................................ 39 G. Legislative Review of Debt Issues ....................................................... 46 II. Oversight Activity Review ............................................................................... 46 A. Oversight Agenda ................................................................................. 46 B. Actions taken and recommendations made with respect to over- sight plan ................................................................................................ 55 C. Additional oversight activities, and any recommendations or ac- tions taken .............................................................................................. 67 Appendix I. Jurisdiction of the Committee on Ways and Means ........................ 71 Appendix II. Historical Note ................................................................................... 86 Appendix III. Statistical Review of the Activities of the Committee on Ways and Means ............................................................................................................ 92 Appendix IV. Chairmen of the Committee on Ways and Means and Member- ship of the Committee from the 1st through the 105th Congresses ................ 97 (V) FOREWORD Clause 1(d) of Rule XI of the Rules of the House, regarding the rules of procedure for committees, contains a requirement that each committee prepare a report at the conclusion of each Congress summarizing its activities. The 104th Congress added subsections on legislative and oversight activities, including a summary com- parison of oversight plans and eventual recommendations and ac- tions. The full text of the Rule follows: (d)(1) Each committee shall submit to the House not later than January 2 of each odd-numbered year, a report on the activities of that committee under this rule and rule X during the Congress ending on January 3 of such year. (2) Such report shall include separate sections summa- rizing the legislative and oversight activities of the com- mittee during that Congress. (3) The oversight section of such report shall include a summary of the oversight plans submitted by the commit- tee pursuant to clause 2(d) of rule X, a summary of the ac- tions taken and recommendations made with respect to each such plan, and a summary of any additional oversight activities undertaken by that committee, and any rec- ommendations made or actions taken thereon. The jurisdiction of the Committee on Ways and Means during the 105th Congress is provided in Rule X, clause 1(s), as follows: (s) Committee on Ways and Means. (1) Customs, collection districts, and ports of entry and delivery. (2) Reciprocal trade agreements. (3) Revenue measures generally. (4) Revenue measures relating to the insular posses- sions. (5) The bonded debt of the United States (subject to the last sentence of clause 4(g) of this rule). (6) The deposit of public moneys. (7) Transportation of dutiable goods. (8) Tax exempt foundations and charitable trusts. (9) National social security, except (A) health care and facilities programs that are supported from general reve- nues as opposed to payroll deductions and (B) work incen- tive programs. The general oversight responsibilities of committees are set forth in clause 2 of Rule X. The 104th Congress also added the require- ment in clause 2(d) of Rule X that each standing committee submit its oversight plans for each Congress. The text of the Rule, in perti- nent part, follows: (VII) VIII 2. (a) In order to assist the House inÐ (1) its analysis, appraisal, and evaluation of (A) the application, administration, execution, and effective- ness of the laws enacted by the Congress, or (B) condi- tions and circumstances which may indicate the neces- sity or desirability of enacting new or additional legis- lation, and (2) its formulation, consideration, and enactment of such modifications of or changes in those laws, and of such additional legislation, as may be necessary or ap- propriate, the various standing committees shall have oversight responsibilities as provided in paragraph (b). (b)(1) Each standing committee (other than the Committee on Appropriations and the Committee on the Budget) shall review and study, on a continuing basis, the application, administration, execution, and effectiveness of those laws, or parts of laws, the sub- ject matter of which is within the jurisdiction of that committee and the organization and operation of the Federal agencies and entities having responsibilities in or for the administration and execution thereof, in order to determine whether such laws and the pro- grams thereunder are being implemented and carried out in accordance with the intent of the Congress and whether such programs should be continued, curtailed, or eliminated. In addition, each such committee shall review and study any conditions or circumstances which may indicate the necessity or desirability of en- acting new or additional legislation within the juris- diction of that committee (whether or not any bill or resolution has been introduced with respect thereto), and shall on a continuing basis undertake future re- search and forecasting on matters within the jurisdic- tion of that committee. Each such committee having more than twenty members shall establish an over- sight subcommittee, or require its subcommittees, if any, to conduct oversight in the area of their respec- tive jurisdiction, to assist in carrying out its respon- sibilities under this subparagraph. The establishment of oversight subcommittees shall in no way limit the responsibility of the subcommittees with legislative ju- risdiction from carrying out their oversight respon- sibilities. * * * * * (c) Each standing committee of the House shall have the function of reviewing and studying on a continuing basis the impact or probable impact of tax policies af- fecting subjects within its jurisdiction as described in clauses 1 and 3. (d)(1) Not later than February 15 of the first session of a Congress, each standing committee of the House shall, in a meeting that is open to the public and with a quorum present, adopt its oversight plans for that Congress. Such plans shall be submitted simulta- IX neously to the Committee on Government Reform and Oversight and to the Committee on House Oversight. In developing such plans each committee shall, to the maximum extent feasibleÐ (A) consult with other committees of the House that have jurisdiction over the same or related laws, programs, or agencies within its jurisdiction, with the objective of ensuring that such laws, pro- grams, or agencies are reviewed in the same Con- gress and that there is a maximum of coordination between such committees in the conduct of such reviews;