[Congressional Record Volume 161, Number 172 (Monday, November 30, 2015)]
[House]
[Pages H8640-H8642]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                     PUBLICATION OF COMMITTEE RULES


AMENDMENT TO THE RULES OF THE COMMITTEE ON WAYS AND MEANS FOR THE 114TH 
                                CONGRESS

                                         House of Representatives,


                                  Committee on Ways and Means,

                                Washington, DC, November 30, 2015.
     Hon. Paul D. Ryan,
     Speaker, The Capitol,
     Washington, DC.
       Dear Mr. Speaker: I am pleased to submit for printing in 
     the Congressional Record, pursuant to Rule XI, clause 2(a) of 
     the Rules of the House, a copy of the Rules of the Committee 
     on Ways and Means, which were adopted at the organizational 
     meeting of the Committee on January 21, 2015, and were 
     revised at the business meeting of the Committee on November 
     18, 2015.
           Sincerely,
                                                      Kevin Brady,
     Chairman.
                                  ____


           (As Adopted by the Committee on November 18, 2015)


                               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.


               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 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 Tax Policy. 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 16 Members, 
     10 of whom shall be Republicans and 6 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

[[Page H8641]]

     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 18 Members, 
     11 of whom shall be Republicans and 7 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.
       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 Tax Policy shall consist of 14 
     Members, 9 of whom shall be Republicans and 5 of whom shall 
     be Democrats.
       The jurisdiction of the Subcommittee on Tax Policy 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)(1) 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)(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. 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

[[Page H8642]]

     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.

                          ____________________