Mr. Speaker, I submit the following. 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…
Mr. Speaker, I submit the following.
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 on the second Wednesday of each month 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 Chairman of the Committee may call and convene, as he
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 Chairman, 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 Chairman shall include an amount
budgeted by Minority Members for staff under their direction
and supervision.
Thereafter, the Chairman shall combine such proposals into
a consolidated Committee budget, and shall present the same
to
the Committee for its approval or other action. The Chairman
shall take whatever action is necessary to have the budget as
finally approved by the Committee duly authorized by the
House. After said budget shall have been adopted, no
substantial change shall be made in such budget unless
approved by the Committee.
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 contain on its cover the following disclaimer:
Prepared for the use of Members of the Committee on Ways
and Means by members of its staff. This document has not been
officially approved by the Committee and may not reflect the
views of its Members.
Any such print, document, or other material not officially
approved by the Committee or Subcommittee shall not include
the names of its Members, other than the name of the full
Committee Chairman or Subcommittee Chairman under whose
authority the document is released. Any such document shall
be made available to the full Committee Chairman and Ranking
Minority Member not less than 3 calendar days (excluding
Saturdays, Sundays, and legal holidays) prior to its public
release.
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 Chairman. Official travel
may be authorized by the Chairman for any Member and any
Committee staff member in connection with the attendance of
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,
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
Chairman 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
Chairman and the full Committee Chairman. Such prior
authorization shall be given by the full Committee Chairman
only upon the representation by the applicable Subcommittee
Chairman 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 Chairman 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 Chairman 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 Chairman 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 and other members of the House. 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 and other members of the
House.
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 1, 2, 3, 4, 5 or 6
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 Human Resources; and a
Subcommittee on Select Revenue Measures. 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.
1. The Subcommittee on Trade shall consist of 14 Members, 9
of whom shall be Republicans and 5 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.
2. The Subcommittee on Oversight shall consist of 11
Members, 7 of whom shall be Republicans and 4 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 but shall be limited to existing law. 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 Chairman of the Subcommittee on Oversight
shall confer with the Chairman of the full Committee and the
Chairman of any other Subcommittee having jurisdiction.
3. The Subcommittee on Health shall consist of 14 Members,
9 of whom shall be Republicans and 5 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.
4. The Subcommittee on Social Security shall consist of 11
Members, 7 of whom shall be Republicans and 4 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.
5. The Subcommittee on Human Resources shall consist of 11
Members, 7 of whom shall be Republicans and 4 of whom shall
be Democrats.
The jurisdiction of the Subcommittee on Human Resources
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, eligibility of welfare
recipients for food stamps, and low-income energy assistance.
More specifically, the jurisdiction of the Subcommittee on
Human Resources shall include bills and matters relating to
titles I, IV, VI, X, XIV, XVI, XVII, XX and related
provisions of titles VII and XI of the Social Security Act.
The jurisdiction of the Subcommittee on Human Resources
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 Human Resources 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.
6. The Subcommittee on Select Revenue Measures shall
consist of 11 Members, 7 of whom shall be Republicans and 4
of whom shall be Democrats.
The jurisdiction of the Subcommittee on Select Revenue
Measures shall consist of those revenue measures that, from
time to time, shall be referred to it specifically by the
Chairman of the full Committee.
Rule 9. Ex-Officio Members of Subcommittees
The Chairman 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 10. 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 Chairman
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.
Rule 11. Reference of Legislation and Subcommittee Reports
Except for bills or measures retained by the Chairman of
the full Committee for full Committee consideration, every
bill or other measure referred to the Committee shall be
referred by the Chairman of the full Committee to the
appropriate Subcommittee in a timely manner. A Subcommittee
shall, within three legislative days of the referral,
acknowledge same to the full Committee.
After a measure has been pending in a Subcommittee for a
reasonable period of time, the Chairman of the full Committee
may make a request in writing to the Subcommittee that the
Subcommittee forthwith report the measure to the full
Committee with its recommendations. If within seven
legislative days after the Chairman's written request, the
Subcommittee has not so reported the measure, then there
shall be in order in the full Committee a motion to discharge
the Subcommittee from further consideration of the measure.
If such motion is approved by a majority vote of the full
Committee, the measure may thereafter be considered only by
the full Committee.
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)(2) of Rule XIII of the Rules of the House
of Representatives.
Rule 12. Recommendation for Appointment of Conferees
Whenever in the legislative process it becomes necessary to
appoint conferees, the Chairman of the full Committee shall
recommend to the Speaker as conferees the names of those
Committee Members as the Chairman may designate. In making
recommendations of Minority Members as conferees, the
Chairman shall consult with the Ranking Minority Member of
the Committee.
C. Hearings
Rule 13. 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)(4) 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. Oral testimony and
statements for the record, or written comments in response to
a request for comments by the Committee, will be accepted
only from citizens of the United States or corporations or
associations organized under the laws of one of the 50 States
of the United States or the District of Columbia, unless
otherwise directed by the Chairman of the full Committee or
Subcommittee involved. Written statements from non-citizens
may be considered for acceptance in the record if transmitted
to the Committee in writing by Members of Congress.
Rule 14. Questioning of Witnesses
Committee Members may question witnesses only when
recognized by the Chairman 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 Chairman and the Ranking Minority Member shall be
recognized first, after which Members who are in attendance
at the beginning of a hearing will be recognized in the order
of their seniority on the Committee. Other Members shall be
recognized in the order of their appearance at the hearing.
In recognizing Members to question witnesses, the Chairman
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 15. Subpoena Power
The power to authorize and issue subpoenas is delegated to
the Chairman 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 16. 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 Chairman of the
full Committee may order the printing of a hearing without
the corrections of a witness or Member if he 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 17. 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 Chairman 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 Chairman.
D. Markups
Rule 18. Previous Question
The Chairman 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 19. Postponement of Proceedings
The Chairman may postpone further proceedings when a record
vote is ordered on the question of approving any measure or
matter or adopting an amendment.
The Chairman may resume proceedings on a postponed request
at any time. In exercising postponement authority the
Chairman 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 20. Motion to go to Conference
The Chairman is authorized to offer a motion under clause 1
of rule XXII of the Rules
of the House of Representatives whenever the Chairman
considers it appropriate.
Rule 21. 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 Chairman of
the full Committee deems necessary. Official transcripts
shall not be removed from the Committee or Subcommittee
office.
If, however, (1) in the drafting of a Committee or
Subcommittee decision, 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.
Rule 22. Publication of Decisions and Legislative Language
A press release describing any tentative or final decision
made by the full Committee or a Subcommittee on legislation
under consideration shall be made available to each Member of
the Committee as soon as possible, but no later than the next
day. However, the legislative draft of any tentative or final
decision of the full Committee or a Subcommittee shall not be
publicly released until such draft is made available to each
Member of the Committee.
E. Staff
Rule 23. Supervision of Committee Staff
The staff of the Committee shall be under the general
supervision and direction of the Chairman 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 Chairman 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.