[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[D. Jurisdiction of Committees]
[Â§ 51. Committee on Ways and Means]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3025-3032]
 
                               CHAPTER 17
 
                               Committees
 
                         C. COMMITTEE PROCEDURE
 
Sec. 51. Committee on Ways and Means

    The Committee on Ways and Means was established as a standing 
committee on Jan. 7, 1802,(14) at which time it held ju
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14. 4 Hinds' Precedents Sec. 4020.
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risdiction over both revenue and appropriation bills, general oversight 
of the debt and the departments of government, and veterans' 
affairs.(15) Over time, some of this jurisdiction was 
transferred to other committees. In 1814, the Committee on Public 
Expenditures took over the subject of governmental departments; in 
1824, a Committee on Veterans' Affairs garnered that subject, and in 
1865, when the Committee on Appropriations was created and given 
jurisdiction over appropriation of the revenue, the Committee on Ways 
and Means' jurisdiction was largely restricted to revenue-raising 
measures, and the consideration of reports from the 
Treasury.(16) In 1880, the bonded debt of the United States 
formally became one of the committee's responsibilities. And, in 1947, 
by virtue of the Legislative Reorganization Act of 1946,(17) 
the committee lost previously held jurisdiction over the subject of 
recesses and final adjournments to the Committee on Rules while the 
main elements of its jurisdiction were more fully defined and have 
remained part of the committee's mandate in 1973.
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15. Linda H. Kamm, ``Monographs on the Committees of the House of 
        Representatives'' (93d Cong. 2d Sess., Dec. 13, 1974), 
        committee print, p. 154.
16. 4 Hinds' Precedents Sec. 4020.
17.  60 Stat. 812.
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    It should be noted that the committee's revenue jurisdiction has 
extended to such subjects as transportation of dutiable goods, 
collection districts, ports of entry and delivery,(18~) 
customs unions, reciprocity treaties,(19) revenue relations 
of the United States with Puerto Rico,(20) the revenue bills 
relating to agricultural products generally, excepting 
oleomargarine,(1) and tax on cotton and grain futures.
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18. 4 Hinds' Precedents Sec. 4026.
19. Id. at Sec. 4021.
20. Id. at Sec. 4025.
 1. Id. at Sec. 4022.
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    The committee has long held jurisdiction over subjects relating to 
the Treasury of the United States and the deposit of public moneys  
although it failed to make good a claim to the subjects of ``national 
finances'' and ``preservation of the Government credit.'' 
(3)
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 2. Id. at Sec. 4028.
 3. Id. at Sec. 4023.
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    Having once held jurisdiction over seal herds and other revenue-
producing animals in Alaska, the committee lost this jurisdiction to 
the Committee on Merchant Marine and Fisheries in the 68th 
Congress.(4) The committee also used to report resolutions 
dis
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 4. 7 Cannon's Precedents Sec. Sec. 1725, 1851.
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tributing the President's annual message,(5) but the 
practice was discontinued as of the first session of the 64th 
Congress.(6)
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 5. 4 Hinds' Precedents Sec. 4030.
 6. 8 Cannon's Precedents Sec. 3350.
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    The jurisdiction of the Committee on Ways and Means pursuant to the 
1973 rules read as follows: (7)
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 7. Rule XI clause 21, House Rules and Manual Sec. 724 (1973). See Rule 
        X clause 1 (v), House Rules and Manual Sec. 691 (1979).
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        (a) Customs, collection districts, and ports of entry and 
    delivery.
        (b) National social security.
        (c) Reciprocal trade agreements.
        (d) Revenue measures generally.
        (e) Revenue measures relating to the insular possession.
        (f) The bonded debt of the United States.
        (g) The deposit of public moneys.
        (h) Transportation of dutiable goods.

    The following list of legislative subject categories provides some 
additional insight into the scope of the committee's jurisdiction 
beyond that specified in the rules (8)
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 8. Linda H. Kamm, ``Monographs on the Committees of the House of 
        Representatives'' (93d Cong. 2d Sess., Dec. 13, 1974), 
        committee print, pp. 150, 151 [enumeration and punctuation 
        added].
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        (1) Airport trust fund;
        (2) Highway trust fund;
        (3) National health insurance;
        (4) Public Debt;
        (5) Renegotiation;
        (6) Revenue sharing;
        (7) Social Security: (a) Disability insurance, (b) Maternal and 
    Child Health Care, (c) Medicaid, (d) Medicare, (e) Old Age and 
    Survivors' Insurance, (f) Public assistance, aid for families with 
    dependent children, (g) Public assistance, social services, (h) 
    Public assistance, supplemental security income for aged, blind and 
    disabled, and (i) Unemployment Compensation;
        (8) Taxes, corporate income;
        (9) Taxes, disability insurance fund;
        (10) Taxes, estate;
        (11) Taxes, excise;
        (12) Taxes, gift;
        (13) Taxes, individual income;
        (14) Taxes, interest equalization;
        (15) Taxes, old age and survivors' insurance fund;
        (16) Taxes, unemployment compensation;
        (17) Trade, adjustment assistance;
        (18) Trade, customs administration;
        (19) Trade, import control;
        (20) Trade, negotiating authority;
        (21) Trade, reciprocal agreements;
        (22) Trade, tariffs.

    In an effort to clarify the scope of its subject matter, the 
committee identified four main areas in its legislative activity report 
for the 92d Congress as comprising the major focus of its jurisdiction. 
Those areas (9) are, as follows:
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 9. Cited by Linda H. Kamm, ``Monographs on the Committees of the House 
        of Representatives'' (93d Cong. 2d Sess., Dec. 13, 1974), 
        committee print, pp. 149, 150.

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[[Page 3028]]

    1. Federal revenue measures generally. Included in this category 
are personal and corporate income taxes, excise taxes, estate taxes, 
gift taxes, miscellaneous taxes, and tax aspects of both the Highway 
and Airport Trust Funds. With respect to the trust funds, the committee 
prepares the revenue-generating provisions of law while the Committee 
on Public Works [for the Highway Trust Fund] and the Committee on 
Interstate and Foreign Commerce [for the Airport Trust Fund] prepare 
the nontax aspects of the legislation. Aviation, including jurisdiction 
over the Airport Trust Fund, was transferred from the Committee on 
Interstate and Foreign Commerce to the Committee on Public Works and 
Transportation by the Committee Reform Amendments of 
1974.(10)
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10. H. Res. 988, 120 Cong. Rec. 34447-70, 93d Cong. 2d Sess., Oct. 8, 
        1974, effective Jan. 3, 1975.
            The Committee on Ways and Means generates all revenue-
        raising legislation including payments into trust funds with 
        the exception of the railroad retirement fund. This fund is 
        within the jurisdiction of the Committee on Interstate and 
        Foreign Commerce.
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    2. The bonded debt of the United States. The Committee on Ways and 
Means provides the House with an overview of revenues, spending, and 
the financial stability of the Nation as a whole in conjunction with 
its legislative responsibilities in this area.
    3. National social security programs. The basic programs are:

        (a) Old-Age, Survivors' and Disability Insurance, which is the 
    basic Social Security program;
        (b) Medicare, which provides basic hospital benefits for people 
    over 65 and eligible disabled persons and voluntary medical 
    insurance for the elderly and disabled;
        (c) Medicaid, under which states receive grants-in-aid to help 
    pay for medical care for the poor;
        (d) Public assistance, including supplemental security income 
    for the aged, blind and disabled, aid to families with dependent 
    children, maternal and child health care and social services;
        (e) Unemployment Compensation, which involves trust funds in 
    each of the 50 states, includes programs for extended and emergency 
    benefits in times of high unemployment.

    Medicaid and other health care and programs supported by general 
revenues, as opposed to payroll deductions, were transferred to the 
Committee on Interstate and Foreign Commerce. Supplemental medical 
benefits under part B title 18 of the Social Security Act, since 
neither financed from payrolls nor from general revenues but rather 
financed by deductions from payments to retired social security 
recipients, do

[[Page 3029]]

not fall within either committee's exclusive jurisdiction and have been 
a matter of joint jurisdiction since 1974. Work incentive programs 
within the Social Security Act were transferred to the Committee on 
Education and Labor, by the Committee Reform Amendments of 
1974.(11)
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11. H. Res. 988, 120 Cong. Rec. 34447-70, 93d Cong. 2d Sess., Oct. 8, 
        1974, effective Jan. 3, 1975.
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    4. Trade and tariff legislation. The committee's jurisdiction over 
tariffs stems from a period when they were a major source of revenue. 
Trade jurisdiction has included the Reciprocal Trade Agreements Act and 
the Trade Expansion Act of 1962.
    Much of the committee's oversight work involves the Department of 
Health, Education, and Welfare, and the Department of the Treasury 
although committee-sponsored legislation is administered by many 
departments. Also within the committee's oversight jurisdiction are the 
Tariff Commission and the Tax Court. In addition, the committee 
frequently consults with a number of departments in the course of 
preparing legislation. Examples of the latter would include the 
Departments of Agriculture on trade matters, Commerce on tariffs, 
Health, Education, and Welfare on social security and health, Interior 
on mining tax treatment and fishing trust funds, Labor on work 
incentives, State on trade and tariffs, Treasury on customs, taxes, 
trade, trust funds, and the economy, generally, and Transportation on 
highway and airport trust funds.(12)
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12. Linda H. Kamm, ``Monographs on the Committees of the House of 
        Representatives'' (93d Cong. 2d Sess., Dec. 13, 1974), 
        committee print, p. 155.
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    As the precedents reveal, the committee's jurisdiction has also 
extended to such subjects as agricultural employment insofar as it 
relates to the Social Security Act,(13) codifying the 
internal revenue laws of the United States,(14) taxation 
aspects of the Civil Service Retirement Act,(15) directing 
the Secretary of State through a resolution of inquiry to transmit 
information about foreign trade agreements,(16) and 
providing a federal war service bonus for District of Columbia 
residents.(17)
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13. Sec. Sec. 51.1, 51.2, infra.
14. Sec. 51.4, infra.
15. Sec. 51.3, infra.
16. Sec. 51.5, infra.
17. Sec. 51.7, infra.
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    For many years, the Committee on Ways and Means conducted all 
business in the full committee and did not have established 
subcommittees. However, the Com

[[Page 3030]]

mittee Reform Amendments of 1974 required each standing committee that 
has more than 20 members to establish at least four subcommittees [Rule 
X clause 6(c), House Rules and Manual Sec. 701(c) 
(1979)].(18) Since that time the committee has maintained 
subcommittees with legislative jurisdiction as well as an oversight 
subcommittee.
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18. H. Res. 5, 121 Cong. Rec. 20-32, 94th Cong. 1st Sess., effective 
        Jan. 14, 1975.
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    Some of the effects of the Committee Reform Amendments on the 
Committee on Ways and Means have heretofore been mentioned. In sum, the 
committee obtained jurisdiction over tax-exempt foundations and 
charitable trusts, and lost jurisdiction over: health care and 
facilities supported by general revenues; work incentive programs; 
general revenue sharing; and renegotiation (to the Committee on Banking 
and Currency).(19)
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19. H. Res. 988, 120 Cong. Rec. 34447-70, 93d Cong. 2d Sess., Oct. 8, 
        1974, effective Jan. 3, 
        1975.                          -------------------
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Agricultural Employment and the Social Security Act

Sec. 51.1 The Committee on Ways and Means and not the Committee on 
    Agriculture had jurisdiction of a bill to amend the Farm Credit Act 
    of 1933, as amended, and the Federal Farm Loan Act, as amended, to 
    provide that after a certain date, employment by production credit 
    associations and national farm loan associations would be covered 
    by the old-age and survivors insurance benefit provisions of the 
    Social Security Act.

    On June 18, 1947,(20) Clifford R. Hope, of Kansas, 
Chairman of the Committee on Agriculture, obtained unanimous consent to 
have his committee discharged from further consideration of the bill 
(H.R. 2415), and to have it referred to the Committee on Ways and 
Means.
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20. 93 Cong. Rec. 7262, 7263, 80th Cong. 1st Sess.
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Sec. 51.2 The Committee on Ways and Means and not the Committee on 
    Agriculture has jurisdiction of a bill to extend the period during 
    which income from agricultural labor and nursing services may be 
    disregarded by the states in making old-age assistance payments 
    without prejudicing their rights to grants-in-aid under the Social 
    Security Act

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    On June 4, 1947,(21) Clifford R. Hope, of Kansas, 
Chairman of the Committee on Agriculture, obtained unanimous consent to 
have his committee discharged from further consideration of the bill 
(S. 1072), and to have it rereferred to the Committee on Ways and 
Means.(22)
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21. 93 Cong. Rec. 6344, 80th Cong. 1st Sess.
22. S. 1072 was reported by the Committee on Ways and Means on June 26, 
        1947 (H. Rept. No. 713).
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Civil Service Retirement Act and Annuity Taxation

Sec. 51.3 The Committee on Ways and Means and not the Committee on Post 
    Office and Civil Service has jurisdiction of a bill to amend the 
    Civil Service Retirement Act approved May 29, 1930, as amended, so 
    as to exempt annuity payments under such act from taxation.

    On Feb. 15, 1951,(23) Thomas J. Murray, of Tennessee, 
Chairman of the Committee on Post Office and Civil Service, obtained 
unanimous consent to have his committee discharged from further 
consideration of the bill (H.R. 2575), and to have it rereferred to the 
Committee on Ways and Means.(1)
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23. 97 Cong Rec. 1294, 82d Cong. 1st Sess.
 1. See 93 Cong. Rec. 209, 80th Cong. 1st Sess., Jan. 9, 1947, where a 
        similar bill (H.R. 738), in an earlier Congress was directly 
        referred to the Committee on Ways and Means.
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Codification of Internal Revenue Laws

Sec. 51.4 The Committee on Ways and Means and not the Committee on the 
    Revision of the Laws (now the Committee on the Judiciary), was, by 
    unanimous consent, granted jurisdiction of a bill to consolidate 
    and codify the internal revenue laws of the United States.

    On Jan. 18, 1939,(2) Robert L. Doughton, of North 
Carolina, Chairman of the Committee on Ways and Means, introduced the 
bill (H.R. 2762), and asked unanimous consent that it be referred to 
his committee. In so doing, he noted that the Chairman of the Committee 
on Revision of the Laws (now the Committee on the Judiciary), had no 
objection to this request.
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 2. 84 Cong. Rec. 449, 76th Cong. 1st Sess.
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    Immediately thereafter, the House granted unanimous 
consent.(3)
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 3. H.R. 2762 was reported by the Committee on Ways and Means on Jan. 
        20, 1939 (H. Rept. No. 6).

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[[Page 3032]]

    Parliamentarian's Note: At the time, the Committee on Ways and 
Means had jurisdiction over matters relating ``to the revenue and such 
measures as purport to raise revenue and the bonded debt of the United 
States,'' (4) while the Committee on the Revision of the 
Laws had jurisdiction over subjects relating to ``the revision and 
codification of the statutes of the United States.'' (5)
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 4. H. Jour. 1118, 76th Cong. 1st Sess. (1939).
 5. Id. at p. 1119.
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Foreign Trade Information--Resolutions of Inquiry

Sec. 51.5 The Committee on Ways and Means and not the Committee on 
    Foreign Affairs had jurisdiction of a resolution of inquiry 
    directing the Secretary of State to transmit to the House 
    information touching upon the failure of the Republics of Brazil 
    and Colombia to ratify certain trade agreements.

    On June 3, 1935,(6) Mr. Harold Knutson, of Minnesota, 
offered the resolution (H. Res. 236), which was referred to the 
Committee on Ways and Means.
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 6. 79 Cong. Rec. 8604, 74th Cong. 1st Sess.

Tax Incentives to Improve Economic Circumstances of Indians

Sec. 51.6 In the 88th Congress, the Committee on Ways and Means and not 
    the Committee on Interior and Insular Affairs had jurisdiction of a 
    bill to improve the economic circumstances of Indians by, inter 
    alia, providing tax incentives (including deductions from gross 
    income under the Internal Revenue Code) for persons investing in 
    Indian property or furthering industrialization on Indian 
    reservations.

    On Feb. 1, 1964,(7) Wayne N. Aspinall, of Colorado, 
Chairman of the Committee on Interior and Insular Affairs, obtained 
unanimous consent to have his committee discharged from further 
consideration of the bill (H.R. 980), and to have it rereferred to the 
Committee on Ways and Means.
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 7. 110 Cong. Rec. 1582, 88th Cong. 2d Sess.

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