1 Union Calendar No. 431 111TH CONGRESS " ! REPORT 2d Session HOUSE OF REPRESENTATIVES 111–708 REPORT ON THE LEGISLATIVE AND OVERSIGHT ACTIVITIES OF THE COMMITTEE ON WAYS AND MEANS DURING THE 111TH CONGRESS JANUARY 3, 2011.—Committed to the Committee of the Whole House on the State of the Union and ordered to be printed U.S. GOVERNMENT PRINTING OFFICE 99–006 WASHINGTON : 2011 VerDate Mar 15 2010 01:24 Jan 21, 2011 Jkt 099006 PO 00000 Frm 00001 Fmt 4012 Sfmt 4012 E:\HR\OC\HR708.XXX HR708 sroberts on DSK3CLS3C1PROD with REPORTS E:\Seals\Congress.#13 COMMITTEE ON WAYS AND MEANS SANDER M. LEVIN, Michigan, Acting Chairman CHARLES B. RANGEL, New York DAVE CAMP, Michigan FORTNEY PETE STARK, California WALLY HERGER, California JIM MCDERMOTT, Washington SAM JOHNSON, Texas JOHN LEWIS, Georgia KEVIN BRADY, Texas RICHARD E. NEAL, Massachusetts PAUL RYAN, Wisconsin JOHN S. TANNER, Tennessee ERIC CANTOR, Virginia XAVIER BECERRA, California JOHN LINDER, Georgia LLOYD DOGGETT, Texas DEVIN NUNES, California EARL POMEROY, North Dakota PAT TIBERI, Ohio MIKE THOMPSON, California GINNY BROWN-WAITE, Florida JOHN B. LARSON, Connecticut GEOFF DAVIS, Kentucky EARL BLUMENAUER, Oregon DAVID G. REICHERT, Washington RON KIND, Wisconsin CHARLES W. BOUSTANY, JR., Louisiana BILL PASCRELL, JR., New Jersey DEAN HELLER, Nevada SHELLEY BERKLEY, Nevada PETER J. ROSKAM, Illinois JOSEPH CROWLEY, New York CHRIS VAN HOLLEN, Maryland KENDRICK MEEK, Florida ALLYSON Y. SCHWARTZ, Pennsylvania ARTUR DAVIS, Alabama DANNY K. DAVIS, Illinois BOB ETHERIDGE, North Carolina LINDA T. SA´ NCHEZ, California BRIAN HIGGINS, New York JOHN A. YARMUTH, Kentucky (II) VerDate Mar 15 2010 01:24 Jan 21, 2011 Jkt 099006 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 E:\HR\OC\HR708.XXX HR708 sroberts on DSK3CLS3C1PROD with REPORTS LETTER OF TRANSMITTAL U.S. HOUSE OF REPRESENTATIVES, COMMITTEE ON WAYS AND MEANS, Washington, DC, January 3, 2011. Hon. LORRAINE C. MILLER, Office of the Clerk, House of Representatives, The Capitol, Washington, DC. DEAR MS. MILLER: I am herewith transmitting, pursuant to House Rule XI, clause 1(d), the report of the Committee on Ways and Means on its legislative and oversight activities during the 111th Congress. Sincerely, SANDER M. LEVIN, Acting Chairman. (III) VerDate Mar 15 2010 01:24 Jan 21, 2011 Jkt 099006 PO 00000 Frm 00003 Fmt 7633 Sfmt 7633 E:\HR\OC\HR708.XXX HR708 sroberts on DSK3CLS3C1PROD with REPORTS VerDate Mar 15 2010 01:24 Jan 21, 2011 Jkt 099006 PO 00000 Frm 00004 Fmt 7633 Sfmt 7633 E:\HR\OC\HR708.XXX HR708 sroberts on DSK3CLS3C1PROD with REPORTS C O N T E N T S Page Transmittal Letter ................................................................................................... III Foreword ................................................................................................................... VII I. Legislative Activity Review ............................................................................. 1 A. Legislative Review of Tax, Trust Fund, and Pension Issues ............ 1 B. Legislative Review of Trade Issues ..................................................... 17 C. Legislative Review of Health Issues ................................................... 33 D. Legislative Review of Social Security Issues ...................................... 000 E. Legislative Review of Income Security and Family Support Issues . 66 F. Legislative Review of Debt Issues ....................................................... 71 II. Oversight Activity Review ............................................................................... 72 A. Oversight Agenda ................................................................................. 72 B. Actions Taken and Recommendations Made With Respect to Over- sight Plan ............................................................................................... 79 Appendix I. Jurisdiction of the Committee on Ways and Means ........................ 89 Appendix II. Historical Note ................................................................................... 110 Appendix III. Statistical Review of the Activities of the Committee on Ways and Means ............................................................................................................ 116 Appendix IV. Chairmen of the Committee on Ways and Means and Member- ship of the Committee from the 1st through the 111th Congresses ................ 121 (V) VerDate Mar 15 2010 01:24 Jan 21, 2011 Jkt 099006 PO 00000 Frm 00005 Fmt 5904 Sfmt 5904 E:\HR\OC\HR708.XXX HR708 sroberts on DSK3CLS3C1PROD with REPORTS VerDate Mar 15 2010 01:24 Jan 21, 2011 Jkt 099006 PO 00000 Frm 00006 Fmt 5904 Sfmt 5904 E:\HR\OC\HR708.XXX HR708 sroberts on DSK3CLS3C1PROD with REPORTS 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 at noon on January 3 of such year. (2) Such report shall include separate sections summa- rizing the legislative and oversight activities of that com- mittee during that Congress. (3) The oversight section of such report shall include a summary of the oversight plans submitted by the com- mittee under clause 2(d) of rule X, a summary of the ac- tions taken and recommendations made with respect to each such plan, a summary of any additional oversight ac- tivities undertaken by that committee, and any rec- ommendations made or actions taken thereon. (4) After an adjourmnent sine die of the last regular ses- sion of a Congress, the chairman of a committee may file an activities report under subparagraph (1) with the Clerk at any time and without approval of the committee, pro- vided that. (A) a copy of the report has been available to each member of the committee for at least seven calendar days; and (B) the report includes any supplemental, minority, or additional view submitted by a member of the com- mittee. The jurisdiction of the Committee on Ways and Means during the 111th Congress is provided in Rule X, clause 1(t), as follows: (t) Committee on Ways and Means. (1) Customs revenue, collection districts, and ports of entry and delivery. (2) Reciprocal trade agreements. (3) Revenue measures generally. (4) Revenue measures relating to insular posses- sions. (5) Bonded debt of the United States, subject to the last sentence of clause 4(f). (6) Deposit of public monies. (VII) VerDate Mar 15 2010 01:24 Jan 21, 2011 Jkt 099006 PO 00000 Frm 00007 Fmt 7633 Sfmt 6969 E:\HR\OC\HR708.XXX HR708 sroberts on DSK3CLS3C1PROD with REPORTS VIII (7) Transportation of dutiable goods. (8) Tax exempt foundations and charitable trusts. (9) National social security (except health care and facilities programs that are supported from general revenues as opposed to payroll deductions and except work incentive programs). 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 of Rule X that each standing committee submit its oversight plans for each Congress. The text of the Rule, in perti- nent part, follows: 2. (a) The various standing committees shall have gen- eral oversight responsibilities as provided in paragraph (b) in order to assist the House in (1) its analysis, appraisal, and evaluation of (A) the application, administration, execution,. and effectiveness of Federal laws; and (B) conditions and circumstances that may indi- cate the necessity or desirability of enacting new or additional legislation; and (2) its formulation, consideration, and enactment of changes in Federal laws, and of such additional legis- lation as may be necessary or appropriate. (b)(1) In order to determine whether laws and programs addressing subjects within the jurisdiction of a committee are being implemented and carried out in accordance with the intent of Congress and whether they should be contin- ued, curtailed, or eliminated, each standing committee (other than the Committee on Appropriations) shall review and study on a continuing basis (A) the application, administration, execution, and effectiveness of laws and programs addressing subjects within its jurisdiction; (B) the organization and operation of Federal agen- cies and entities having responsibilities for the admin- istration and execution of laws and programs address- ing subjects within its jurisdiction; (C) any conditions or circumstances that may indi- cate the necessity or desirability of enacting new or additional legislation addressing subjects within its ju- risdiction (whether or not a bill or resolution has been introduced with respect thereto); and (D) future research and forecasting on subjects with- in its jurisdiction. (2) Each committee to which subparagraph (1) applies having more than 20 members shall establish an oversight subcommittee, or require its subcommittees to conduct oversight in their respective jurisdictions, to assist in car- rying out its responsibilities under this clause. The estab- lishment of an oversight subcommittee does not limit the responsibility of a subcommittee with legislative jurisdic- tion in