[Congressional Record Volume 171, Number 36 (Monday, February 24, 2025)]
[House]
[Pages H761-H764]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PUBLICATION OF COMMITTEE RULES
rules of the committee on ways and means for the 119th congress
House of Representatives,
Committee on Ways and Means,
Washington, DC, February 24, 2025.
Hon. Mike Johnson,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to clause 2(a)(2) of House rule
XI, the Committee on Ways and Means adopted its rules for the
119th Congress on January 14, 2025, and I submit them now for
publication in the Congressional Record.
Sincerely,
Jason Smith,
Chairman.
A. GENERAL
Rule 1. Application of House Rules
The rules of the House are the rules of the Committee on
Ways and Means and its subcommittees so far as applicable,
except that a motion to recess from day to day, and a motion
to dispense with the first reading (in full) of a bill or
resolution, if printed copies are available, is a non-
debatable motion of high privilege in the Committee.
Each subcommittee of the Committee is part of the Committee
and is subject to the authority and direction of the
Committee and to its rules so far as applicable. Written
rules adopted by the Committee, not inconsistent with the
Rules of the House, shall be binding on each subcommittee of
the Committee.
The provisions of rule XI of the Rules of the House are
incorporated by reference as the rules of the Committee to
the extent applicable.
Rule 2. Meeting Date and Quorums
The regular meeting day of the Committee on Ways and Means
shall be each Wednesday while the House is in session.
However, the Committee shall not meet on the regularly
scheduled meeting day if there is no business to be
considered.
A majority of the Committee constitutes a quorum for
business; provided however, that two Members shall constitute
a quorum at any regularly scheduled hearing called for the
purpose of taking testimony and receiving evidence. In
establishing a quorum for purposes of a public hearing, every
effort shall be made to secure the presence of at least one
Member each from the majority and the minority.
The Chair of the Committee may call and convene, as he or
she considers necessary, additional meetings of the Committee
for the consideration of any bill or resolution pending
before the Committee or for the conduct of other Committee
business. The Committee shall meet pursuant to the call of
the Chair.
Rule 3. Committee Budget
For each Congress, the Chair, in consultation with the
Majority Members of the Committee, shall prepare a
preliminary budget. Such budget shall include necessary
amounts for staff personnel, travel, investigation, and other
expenses of the Committee. After consultation with the
Minority Members, the Chair shall include an amount budgeted
by Minority Members for staff under their direction and
supervision.
Rule 4. publication of committee documents
Any Committee or Subcommittee print, document, or similar
material prepared for public distribution shall either be
approved by the Committee or Subcommittee prior to
distribution and opportunity afforded for the inclusion of
supplemental, minority or additional views, or such document
shall prominently display near the top of its cover the
following: ``Majority [or Minority] Staff Report,'' as
appropriate.
The requirements of this rule shall apply only to the
publication of policy-oriented, analytical documents, and not
to the publication of public hearings, legislative documents,
documents which are administrative in nature or reports which
are required to be submitted to the Committee under public
law. The appropriate characterization of a document subject
to this rule shall be determined after consultation with the
Minority.
Rule 5. official travel
Consistent with the primary expense resolution and such
additional expense resolution as may have been approved, the
provisions of this rule shall govern official travel of
Committee Members and Committee staff. Official travel to be
reimbursed from funds set aside for the full Committee for
any Member or any Committee staff member shall be paid only
upon the prior authorization of the Chair. Official travel
may be authorized by the Chair for any Member and any
Committee staff member in connection with the attendance at
hearings conducted by the Committee, its Subcommittees, or
any other Committee or Subcommittee of the Congress on
matters relevant to the general jurisdiction of the
Committee, and meetings, conferences, facility inspections,
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and investigations which involve activities or subject matter
relevant to the general jurisdiction of the Committee. Before
such authorization is given, there shall be submitted to the
Chair in writing the following:
(1) The purpose of the official travel;
(2) The dates during which the official travel is to be
made and the date or dates of the event for which the
official travel is being made;
(3) The location of the event for which the official travel
is to be made; and
(4) The names of the Members and Committee staff seeking
authorization.
In the case of official travel of Members and staff of a
Subcommittee to hearings, meetings, conferences, facility
inspections and investigations involving activities or
subject matter under the jurisdiction of such Subcommittee,
prior authorization must be obtained from the Subcommittee
Chair and the full Committee Chair. Such prior authorization
shall be given by the full Committee Chair only upon the
representation by the applicable Subcommittee Chair in
writing setting forth those items enumerated above.
Within 60 days of the conclusion of any official travel
authorized under this rule, there shall be submitted to the
full Committee Chair a written report covering the
information gained as a result of the hearing, meeting,
conference, facility inspection or investigation attended
pursuant to such official travel.
rule 6. availability of committee records and publications
The records of the Committee at the National Archives and
Records Administration shall be made available for public use
in accordance with Rule VII of the Rules of the House of
Representatives. The Chair shall notify the Ranking Minority
Member of any decision, pursuant to clause 3(b)(3) or clause
4(b) of Rule VII, to withhold a record otherwise available,
and the matter shall be presented to the Committee for a
determination on the written request of any Member of the
Committee. The Committee shall, to the maximum extent
feasible, make its publications available in electronic form.
rule 7. committee website
The Chair shall maintain an official Committee website for
the purpose of furthering the Committee's legislative and
oversight responsibilities, including communicating
information about the Committee's activities to Committee
members, other members of the House and the public. The
ranking minority member may maintain a similar website for
the same purpose, including communicating information about
the activities of the minority to Committee members, other
members of the House, and the public.
B. SUBCOMMITTEES
rule 8. subcommittee ratios and jurisdiction
All matters referred to the Committee on Ways and Means
involving revenue measures, except those revenue measures
referred to Subcommittees under paragraphs a, b, c, d, e or f
shall be considered by the full Committee and not in
Subcommittee. There shall be six standing Subcommittees as
follows: a Subcommittee on Trade; a Subcommittee on
Oversight; a Subcommittee on Health; a Subcommittee on Social
Security; a Subcommittee on Work and Welfare; and a
Subcommittee on Tax. The ratio of Republicans to Democrats on
any Subcommittee of the Committee shall be consistent with
the ratio of Republicans to Democrats on the full Committee.
(a) The Subcommittee on Trade shall consist of 21 Members,
12 of whom shall be Republicans and 9 of whom shall be
Democrats.
The jurisdiction of the Subcommittee on Trade shall include
bills and matters referred to the Committee on Ways and Means
that relate to customs and customs administration including
tariff and import fee structure, classification, valuation of
and special rules applying to imports, and special tariff
provisions and procedures which relate to customs operation
affecting exports and imports; import trade matters,
including import impact, industry relief from injurious
imports, adjustment assistance and programs to encourage
competitive responses to imports, unfair import practices
including antidumping and countervailing duty provisions, and
import policy which relates to dependence on foreign sources
of supply; commodity agreements and reciprocal trade
agreements involving multilateral and bilateral trade
negotiations and implementation of agreements involving
tariff and non-tariff trade barriers to and distortions of
international trade; international rules, organizations and
institutional aspects of international trade agreements;
budget authorizations for the customs revenue functions of
the Department of Homeland Security, the U.S. International
Trade Commission, and the U.S. Trade Representative; and
special trade-related problems involving market access,
competitive conditions of specific industries, export policy
and promotion, access to materials in short supply, bilateral
trade relations including trade with developing countries,
operations of multinational corporations, and trade with non-
market economies.
(b) The Subcommittee on Oversight shall consist of 13
Members, 8 of whom shall be Republicans and 5 of whom shall
be Democrats.
The jurisdiction of the Subcommittee on Oversight shall
include all matters within the scope of the full Committee's
jurisdiction. Said oversight jurisdiction shall not be
exclusive but shall be concurrent with that of the other
Subcommittees. With respect to matters involving the Internal
Revenue Code and other revenue issues, said concurrent
jurisdiction shall be shared with the full Committee. Before
undertaking any investigation or hearing, the Chair of the
Subcommittee on Oversight shall confer with the Chair of the
full Committee and the Chair of any other Subcommittee having
jurisdiction.
(c) The Subcommittee on Health shall consist of 19 Members,
11 of whom shall be Republicans and 8 of whom shall be
Democrats.
The jurisdiction of the Subcommittee on Health shall
include bills and matters referred to the Committee on Ways
and Means that relate to programs providing payments (from
any source) for health care, health delivery systems, or
health research. More specifically, the jurisdiction of the
Subcommittee on Health shall include bills and matters that
relate to the health care programs of the Social Security Act
(including titles V, XI (Part B), XVIII, and XIX thereof)
and, concurrent with the full Committee, tax credit and
deduction provisions of the Internal Revenue Code dealing
with health insurance premiums and health care costs.
(d) The Subcommittee on Social Security shall consist of 13
Members, 8 of whom shall be Republicans and 5 of whom shall
be Democrats.
The jurisdiction of the Subcommittee on Social Security
shall include bills and matters referred to the Committee on
Ways and Means that relate to the Federal Old Age, Survivors
and Disability Insurance System, the Railroad Retirement
System, and employment taxes and trust fund operations
relating to those systems. More specifically, the
jurisdiction of the Subcommittee on Social Security shall
include bills and matters involving title II of the Social
Security Act and Chapter 22 of the Internal Revenue Code (the
Railroad Retirement Tax Act), as well as provisions in title
VII and title XI of the Act relating to procedure and
administration involving the Old Age, Survivors' and
Disability Insurance System.
(e) The Subcommittee on Work and Welfare shall consist of
13 Members, 8 of whom shall be Republicans and 5 of whom
shall be Democrats.
The jurisdiction of the Subcommittee on Work and Welfare
shall include bills and matters referred to the Committee on
Ways and Means that relate to the public assistance
provisions of the Social Security Act, including temporary
assistance for needy families, child care, child and family
services, child support, foster care, adoption, supplemental
security income, social services, home visiting, and
eligibility of welfare recipients for food stamps. More
specifically, the jurisdiction of the Subcommittee on Work
and Welfare shall include bills and matters relating to
titles I, IV, VI, X, XIV, XVI, XVII, XX and related
provisions of titles V, VII and XI of the Social Security
Act.
The jurisdiction of the Subcommittee on Work and Welfare
shall also include bills and matters referred to the
Committee on Ways and Means that relate to the Federal-State
system of unemployment compensation, and the financing
thereof, including the programs for extended and emergency
benefits. More specifically, the jurisdiction of the
Subcommittee on Work and Welfare shall also include all bills
and matters pertaining to the programs of unemployment
compensation under titles III, IX and XII of the Social
Security Act, Chapters 23 and 23A of the Internal Revenue
Code, and the Federal-State Extended Unemployment
Compensation Act of 1970, and provisions relating thereto.
(f). The Subcommittee on Tax shall consist of 19 Members,
11 of whom shall be Republicans and 8 of whom shall be
Democrats.
The jurisdiction of the Subcommittee on Tax shall consist
of those revenue measures that, from time to time, shall be
referred to it specifically by the Chair of the full
Committee.
Rule 9. Committee Panels
Subject to clause 5(b)(2)(C) of Rule X of the Rules of the
House, the Chair may designate a select panel of the
Committee to inquire into and take testimony on matters of
special national interest. Any such panel shall be subject to
all Committee rules herein and shall not have legislative
jurisdiction.
Any select panel designated under this rule shall continue
in existence for six months after the date of the designation
and may be reauthorized in the discretion of the Chair for
subsequent six month terms.
Rule 10. Ex-Officio Members of Subcommittees
The Chair of the full Committee and the Ranking Minority
Member may sit as ex-officio Members of all Subcommittees.
They may be counted for purposes of assisting in the
establishment of a quorum for a Subcommittee. However, their
absence shall not count against the establishment of a quorum
by the regular Members of the Subcommittee. Ex-officio
Members shall neither vote in the Subcommittee nor be taken
into consideration for the purposes of determining the ratio
of the Subcommittee.
Rule 11. Subcommittee Meetings
Insofar as practicable, meetings of the full Committee and
its Subcommittees shall not conflict. Subcommittee Chairmen
shall set meeting dates after consultation with the Chair of
the full Committee and other Subcommittee Chairmen with a
view towards avoiding, wherever possible, simultaneous
scheduling of full Committee and Subcommittee meetings or
hearings.
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Rule 12. Reference of Legislation and Subcommittee Reports
Except for bills or measures retained by the Chair of the
full Committee for full Committee consideration, every bill
or other measure referred to the Committee shall be referred
by the Chair of the full Committee to the appropriate
Subcommittee in a timely manner.
No measure reported by a Subcommittee shall be considered
by the full Committee unless it has been presented to all
Members of the full Committee at least two legislative days
prior to the full Committee's meeting, together with a
comparison with present law, a section-by-section analysis of
the proposed change, a section-by-section justification, and
a draft statement of the budget effects of the measure that
is consistent with the requirements for reported measures
under clause 3(d)(1) of Rule XIII of the Rules of the House
of Representatives.
Rule 13. Recommendation for Appointment of Conferees
Whenever in the legislative process it becomes necessary to
appoint conferees, the Chair of the full Committee shall
recommend to the Speaker as conferees the names of those
Committee Members as the Chair may designate. In making
recommendations of Minority Members as conferees, the Chair
shall consult with the Ranking Minority Member of the
Committee.
C. HEARINGS
Rule 14. Witnesses
In order to assure the most productive use of the limited
time available to question hearing witnesses, a witness who
is scheduled to appear before the full Committee or a
Subcommittee shall file with the Clerk of the Committee at
least 48 hours in advance of his or her appearance a written
statement of their proposed testimony. In addition, all
witnesses shall comply with formatting requirements as
specified by the Committee and the Rules of the House.
Failure to comply with the 48-hour rule may result in a
witness being denied the opportunity to testify in person.
Failure to comply with the formatting requirements may result
in a witness' statement being rejected for inclusion in the
published hearing record. In addition to the requirements of
clause 2(g)(5) of Rule XI of the Rules of the House regarding
information required of public witnesses, a witness shall
limit his or her oral presentation to a summary of their
position and shall provide sufficient copies of their written
statement to the Clerk for distribution to Members, staff and
news media.
A witness appearing at a public hearing, or submitting a
statement for the record of a public hearing, or submitting
written comments in response to a published request for
comments by the Committee must include in their statement or
submission, a list of all clients, persons or organizations
on whose behalf the witness appears.
Rule 15. Questioning of Witnesses
Committee Members may question witnesses only when
recognized by the Chair for that purpose. All Members shall
be limited to five minutes on the initial round of
questioning. In questioning witnesses under the five minute
rule, the Chair and the Ranking Minority Member shall be
recognized first. In recognizing Members to question
witnesses, the Chair may take into consideration Member
attendance at the start of a hearing, and give priority to
those in attendance at the start of a hearing. The Chair may
take into consideration the ratio of Majority Members to
Minority Members and the number of Majority and Minority
Members present and shall apportion the recognition for
questioning in such a manner as not to disadvantage Members
of the Majority.
Rule 16. Subpoena Power
The power to authorize and issue subpoenas is delegated to
the Chair of the full Committee, as provided for under clause
2(m)(3)(A)(i) of Rule XI of the Rules of the House of
Representatives.
Rule 17. Deposition Authority
The Regulations for the Use of Deposition Authority as
issued by the Committee on Rules pursuant to H. Res. 5
titled--Adopting the Rules of the House of Representatives
for the One Hundred Eighteenth Congress, and for other
purposes--are incorporated by reference and shall be
considered the rules of the Committee.
Rule 18. Records of Hearings
An accurate stenographic record shall be kept of all
testimony taken at a public hearing.
The staff shall transmit to a witness the transcript of his
or her testimony for correction and immediate return to the
Committee offices. Only changes in the interest of clarity,
accuracy and corrections in transcribing errors will be
permitted. Changes that substantially alter the actual
testimony will not be permitted. Members shall have the
opportunity to correct their own remarks before publication.
The Chair of the full Committee may order the printing of a
hearing without the corrections of a witness or Member if he
or she determines that a reasonable time has been afforded to
make corrections and that further delay would impede the
consideration of the legislation or other measure that is the
subject of the hearing.
rule 19. broadcasting of hearings
The provisions of clause 4(f) of rule XI of the Rules of
the House of Representatives are specifically made a part of
these rules by reference. In addition, the following policy
shall apply to media coverage of any meeting of the full
Committee or a Subcommittee:
(1) An appropriate area of the Committee's hearing room
will be designated for members of the media and their
equipment.
(2) No interviews will be allowed in the Committee room
while the Committee is in session. Individual interviews must
take place before the gavel falls for the convening of a
meeting or after the gavel falls for adjournment.
(3) Day-to-day notification of the next day's electronic
coverage shall be provided by the media to the Chair of the
full Committee through an appropriate designee.
(4) Still photography during a Committee meeting will not
be permitted to disrupt the proceedings or block the vision
of Committee Members or witnesses.
(5) Further conditions may be specified by the Chair.
D. MARKUPS
rule 20. previous question
The Chair shall not recognize a Member for the purpose of
moving the previous question unless the Member has first
advised the Chair and the Committee that this is the purpose
for which recognition is being sought.
rule 21. postponement of proceedings
The Chair may postpone further proceedings when a record
vote is ordered on the question of approving any measure or
matter or adopting an amendment.
The Chair may resume proceedings on a postponed request at
any time. In exercising postponement authority the Chair
shall take reasonable steps to notify Members on the
resumption of proceedings on any postponed record vote.
When proceedings resume on a postponed question,
notwithstanding any intervening order for the previous
question, an underlying proposition shall remain subject to
further debate or amendment to the same extent as when the
question was postponed.
rule 22. motion to go to conference
The Chair is authorized to offer a motion under clause 1 of
rule XXII of the Rules of the House of Representatives
whenever the Chair considers it appropriate.
rule 23. official transcripts of markups and other committee meetings
An official stenographic transcript shall be kept
accurately reflecting all markups and other official meetings
of the full Committee and the Subcommittees, whether they be
open or closed to the public. This official transcript,
marked as ``uncorrected,'' shall be available for inspection
by the public (except for meetings closed pursuant to clause
2(g)(1) of rule XI of the Rules of the House), by Members of
the House, or by Members of the Committee together with their
staffs, during normal business hours in the full Committee or
Subcommittee office under such controls as the Chair of the
full Committee deems necessary.
The Chair may provide a Member of the Committee with
electronic access to an unofficial transcript of an open
markup or other open official meeting of the full Committee
or a Subcommittee upon written request by the Member to the
Chair, but the Member shall not cause such electronic
unofficial transcript to be published or otherwise made
publicly available.
If (1) in executing technical and conforming changes, the
Office of the House Legislative Counsel or (2) in the
preparation of a Committee report, the Chief of Staff of the
Joint Committee on Taxation determines (in consultation with
appropriate majority and minority committee staff) that it is
necessary to review the official transcript of a markup, such
transcript may be released upon the signature and to the
custody of an appropriate committee staff person. Such
transcript shall be returned immediately after its review in
the drafting session.
The official transcript of a markup or Committee meeting
other than a public hearing shall not be published or
distributed to the public in any way except by a majority
vote of the Committee. Before any public release of the
uncorrected transcript, Members must be given a reasonable
opportunity to correct their remarks. In instances in which a
stenographic transcript is kept of a conference committee
proceeding, all of the requirements of this rule shall
likewise be observed.
E. STAFF
rule 24. Supervision of Committee Staff
The staff of the Committee shall be under the general
supervision and direction of the Chair of the full Committee
except as provided in clause 9 of rule X of the Rules of the
House of Representatives concerning Committee expenses and
staff.
Pursuant to clause 6(d) of rule X of the Rules of the House
of Representatives, the Chair of the full Committee, from the
funds made available for the appointment of Committee staff
pursuant to primary and additional expense resolutions, shall
ensure that each Subcommittee receives sufficient staff to
carry out its responsibilities under the rules of the
Committee, and that the minority party is fairly treated in
the appointment of such staff.
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