Promoting Global Competitiveness for American Workers and Businesses

Treasury and HHS ConfirmationsHouse Ways and Means Subcommittee on Tax · December 3, 2025 · 119th Congress
The House Ways and Means Subcommittee on Tax held this hearing on December 3, 2025, to review how the 2017 Tax Cuts and Jobs Act and the 2025 "Working Families Tax Cuts" (OB3/HR1) reshaped US international tax rules — including GILTI, BEAT, and FDII — and to assess US global competitiveness. Begins at ▶ 0:20:36
Transcript
Highlights

Title

International tax reform successes debated alongside tariffs' economic toll

Purpose

The House Ways and Means Subcommittee on Tax held this hearing on December 3, 2025, to review how the 2017 Tax Cuts and Jobs Act and the 2025 "Working Families Tax Cuts" (OB3/HR1) reshaped US international tax rules — including GILTI, BEAT, and FDII — and to assess US global competitiveness. Republicans, including former Ways and Means Chairman Kevin Brady, framed the hearing around permanence and reshoring; Democrats used the hearing to redirect attention to the Trump administration's tariffs, which they argued function as a large, regressive tax on households, farmers, and small businesses. Witnesses included Brady, tax attorney Bret Wells, Sylvamo VP of Tax Agnes Webb, and UCLA tax law professor Kimberly Clausing. Begins at▶ 0:20:36

Who spoke

• Chairman Mike Kelly (R-PA)▶ 0:20:36: Opened by crediting the 2017 TCJA and 2025 Working Families Tax Cuts Act with ending corporate inversions▶ 0:21:34 and criticized OECD Pillar One/Two as costing the US over $120 billion in tax revenue over 10 years per Joint Committee on Taxation estimates▶ 0:22:54; later questioned Brady on how the 2025 law built on 2017 reforms▶ 0:50:42 and Webb on capital-investment decisions▶ 0:54:36.

• Ranking Member Mike Thompson (D-CA)▶ 0:23:53: Argued the hearing should address "the elephant in the room" — Trump tariffs — citing a Napa manufacturer (Advanced Pressure Technology) that closed and laid off 237 workers▶ 0:25:27, an $1,700-per-household tariff tax cited from Clausing's testimony▶ 0:25:56, and an over-50% drop in US agricultural exports to China▶ 0:26:17; later pressed Clausing on housing and grocery cost impacts of tariffs▶ 0:59:05▶ 1:00:12.

• Kevin Brady, former Ways and Means Chairman (R-TX), witness▶ 0:29:38: Testified that TCJA lowered the corporate rate to 21% and eliminated inversions▶ 0:31:23, and that the 2025 law strengthened GILTI, BEAT, and FDII further▶ 0:33:13; in Q&A, defended the border-adjustment tax concept from 2017▶ 1:04:06 and declined to directly re-affirm his 2018 statement that tariffs are taxes▶ 2:21:59.

• Bret Wells, University of Houston law professor, witness▶ 0:34:58: Said Congress's reform of Section 163(j) and enactment of Section 59A were the most comprehensive inbound earnings-stripping fix in decades▶ 0:36:38, argued Section 951A is a more effective global minimum tax than OECD Pillar Two▶ 0:37:31, and proposed closing a "CFC inbound tax planning" loophole that lets offshore affiliates sell into the US at lower tax rates▶ 0:38:23.

• Agnes Webb, VP of Tax, Sylvamo, witness▶ 0:40:13: Said TCJA's 21% rate and territorial system let Sylvamo, headquartered in Memphis, invest domestically rather than face a 35% repatriation tax▶ 0:41:41, and described a ~$150 million 2025 investment in South Carolina facilities enabled by permanent 100% expensing▶ 0:44:15.

• Kimberly Clausing, UCLA tax law professor, witness▶ 0:45:04: Testified Trump tariffs amount to roughly $1,700/year per household and over $2 trillion over a decade, the largest tax increase as a share of GDP since 1982▶ 0:45:27▶ 0:46:24; said tariffs are regressive, burden farmers and manufacturing workers, and that TCJA/OB3 had little discernible effect on wages once deficit effects are counted▶ 2:14:08.

• Rep. David Schweikert (R-AZ)▶ 1:02:38: Asked Brady whether the 2017 border-adjustment tax concept remains economically viable given other countries' VAT rebate arbitrage▶ 1:03:02; Brady explained it aimed to create a level playing field and near-zero investment tax but lacked votes due to retailer and refiner concerns▶ 1:04:06▶ 1:05:53.

• Rep. Gwen Moore (D-WI)▶ 1:08:00: Pressed Brady on whether Congress retains constitutional trade authority under Article I, Section 8▶ 1:08:23; cited Hellwick Carbon Products, a 97-year-old Wisconsin manufacturer denied a tariff exemption for copper powder, and got Clausing to say tariff exemptions have been "willy-nilly" and favor politically connected companies▶ 1:12:05▶ 1:12:29.

• Chairman Jason Smith (R-MO)▶ 1:13:44: Highlighted the June G7 side-by-side agreement removing retaliatory Section 899 provisions▶ 1:15:35 and cited zero corporate inversions since TCJA versus 71 under the Obama administration from 2009–2016▶ 1:17:31▶ 1:17:46; pressed Brady on the corporate rate cut's role in ending inversions▶ 1:18:06.

• Rep. Delbane▶ 1:24:30: Asked Clausing how small businesses would be disadvantaged relative to large firms if the Supreme Court strikes down IEEPA tariffs▶ 1:25:04, and what principles should guide tariff policy going forward▶ 1:27:05.

• Rep. Jodey Arrington (R-TX)▶ 1:30:10: Ran through a rapid Q&A with Brady on post-TCJA job creation, poverty rates, wage growth (9% average real wage growth in first three years)▶ 1:31:07▶ 1:31:20, and repatriated capital (over $1.5 trillion)▶ 1:31:43; disputed Clausing's characterization of tariffs as regressive by citing inflation and interest-rate increases under the Biden administration▶ 1:33:16.

• Rep. Snider▶ 1:36:11: Countered that constituents are not seeing falling prices, citing health-insurance premium increases of up to 114% nationally and 78% in his district▶ 1:36:39; described a company that canceled a $100 million district investment after the April 9 tariff announcement▶ 1:39:25.

• Rep. Hearn▶ 1:41:41: Praised the administration's stance on OECD tax sovereignty negotiations▶ 1:42:07 and asked Brady about the danger of digital service taxes (DSTs) targeting US companies▶ 1:44:08; Brady called DSTs discriminatory, protectionist measures subject to double taxation▶ 1:45:27.

• Rep. Essence▶ 1:46:48: Discussed the Pillar Two side-by-side negotiations, warning that with 28 days left in the year, slow-walking by other countries could force reinstatement of retaliatory protections▶ 1:47:17▶ 1:48:08; asked Brady what further BEAT/GILTI/FDII reforms should be pursued▶ 1:50:01.

• Rep. Beyer▶ 1:52:34: Drew on his experience as US Ambassador to Switzerland, noting roughly 600 US companies were based in Zug for tax-avoidance reasons and arguing base erosion remains unaddressed▶ 1:53:39; cited US growth of 1.8% versus 3.2% global growth this year and linked the gap to tariffs, immigration enforcement, and science-funding cuts▶ 1:54:04▶ 1:54:49; asked Clausing whether tariff exemptions amount to political corruption▶ 1:56:37.

• Rep. David Kustoff (R-TN)▶ 1:57:47: Asked Webb how Sylvamo's Memphis-area workers benefit from the tax cuts▶ 1:58:18 and how permanent 100% expensing for equipment and manufacturing structures affects the company's capital investment strategy▶ 2:00:26.

• Rep. Malitak▶ 2:03:21: Cited zero corporate inversions since TCJA versus 71 under President Obama▶ 2:04:00 and touted his medical-manufacturing reshoring legislation targeting economically distressed zones and reducing reliance on China▶ 2:06:24; asked Brady about pairing trade authority with tax incentives▶ 2:08:39.

• Rep. Stacey Plaskett (D-VI)▶ 2:09:57: Said GILTI functions as an unintended tariff on the US Virgin Islands' economic-development program and described her REVIVE VI Act with Rep. Ron Estes to fix it▶ 2:12:33▶ 2:13:03; asked Clausing whether TCJA/OB3 delivered broad wage gains — Clausing said economists would struggle to detect the tax cut's effect in wage and investment data▶ 2:14:08.

• Rep. Pster (Randy Feenstra, R-IA)▶ 2:15:34: Asked Webb how the FDII deduction (renamed FDII/FDDEI) helped Sylvamo's exports▶ 2:16:39 and about the removal of the tangible-asset offset broadening the deduction▶ 2:18:00; asked Brady how to keep the US attracting investment▶ 2:19:25.

• Rep. Jimmy Gomez (D-CA)▶ 2:21:02: Quoted Brady's 2018 statement that "tariffs are taxes" and pressed him to reaffirm it, which Brady declined to directly answer▶ 2:21:29▶ 2:21:59; cited rising auto-loan defaults and argued growth statistics mean little if they don't reach household budgets▶ 2:23:25.

• Rep. Carol Miller (R-WV)▶ 2:26:15: Noted her Saving Gig Economy Taxpayers Act, incorporated into the 2025 law, restored the 1099-K reporting threshold to $20,000/200 transactions▶ 2:26:42; asked Wells for one policy change to reduce international tax complexity, prompting his proposal to narrow Subpart F now that Section 951A exists▶ 2:29:54▶ 2:30:10.

• Rep. Mandine▶ 2:31:35: Asked Brady how TCJA's international provisions reversed capital lockout and inversions▶ 2:33:28 and cited a National Association of Manufacturers estimate that failing to pass the 2025 tax package would have cost 6 million jobs, $540 billion in wages, and $1 trillion in GDP▶ 2:36:06.

• Rep. Steven Horsford (D-NV)▶ 2:37:08: Said tariffs are the largest US tax increase as a share of GDP since 1993▶ 2:37:59 and cited a 2.5 million drop in Las Vegas visitors and a 6.4% year-over-year decline in Harry Reid Airport passengers▶ 2:39:13▶ 2:39:24; noted Costco's lawsuit seeking tariff refunds and said small businesses lack the resources to sue▶ 2:40:59.

• Rep. Marion▶ 2:43:04: Self-described as a fellow Texan to Brady, discussed BEAT's unintended effect of discouraging IP repatriation and said he is drafting legislation to adjust BEAT rules to encourage it▶ 2:44:27▶ 2:47:38.

• Rep. Davis▶ 2:48:27: Asked Clausing how tariff-driven price increases affect foster youth, seniors, and other vulnerable groups▶ 2:49:08, citing an estimated 650,000–800,000 additional people pushed below the poverty line and 14%/13% price increases for textiles and vehicles▶ 2:50:27▶ 2:50:52.

Key moments

• Thompson cited a Napa, California manufacturer (Advanced Pressure Technology) that permanently closed and laid off 237 workers, attributing it to tariff-driven trade disruption, and quoted Clausing's estimate that tariffs cost each US household about $1,700 a year▶ 0:25:27▶ 0:25:56.

• Clausing testified that if tariffs continue at current levels, they represent a decade-long tax increase of over $2 trillion — the largest tax increase as a share of GDP since 1982 — and that manufacturing compliance costs alone run $40–70 billion▶ 0:45:27▶ 0:47:18.

• Smith and Arrington both cited zero corporate inversions since TCJA passed, contrasted with 71 inversions between 2009 and 2016 under President Obama▶ 1:17:31▶ 1:31:33.

• Moore highlighted Hellwick Carbon Products, a 97-year-old Wisconsin family manufacturer denied a tariff waiver for imported copper powder; Clausing responded that tariff exemptions in the first Trump administration correlated with political donations▶ 1:11:45▶ 1:12:29.

• Beyer, drawing on his tenure as US Ambassador to Switzerland, said roughly 600 US companies were based in Zug largely for tax-avoidance purposes and that US growth this year (1.8%) trails global growth (3.2%)▶ 1:53:09▶ 1:54:04.

• Gomez confronted Brady with a 2018 quote in which Brady called tariffs taxes that "impede economic growth" and pressed him to reaffirm it; Brady declined to give a direct yes/no answer▶ 2:21:29▶ 2:21:59.

• Clausing noted CBO's dynamic score of the House version of OB3 found it more costly than the static score, indicating the bill's negative growth effects (from added deficits and debt) outweighed its projected benefits▶ 2:15:02.

• Horsford cited a 2.5 million drop in Las Vegas visitors from January–September 2025 and a 6.4% year-over-year decline in Harry Reid International Airport passengers, and noted Costco's lawsuit seeking tariff refunds that small businesses cannot afford to pursue▶ 2:39:13▶ 2:40:59.

• Rep. Essence flagged 28 days remaining in the year to finalize the Pillar Two "side-by-side" agreement, warning of a return to retaliatory tax measures if G7 partners continue slow-walking implementation▶ 1:47:17▶ 1:48:08.

• Davis and Clausing discussed estimates that 2025 tariffs will push 650,000–800,000 additional Americans below the poverty line, with textile prices rising an estimated 14% and vehicle prices 13%▶ 2:50:27▶ 2:50:52.

Metadata

CommitteeHouse Ways and Means Subcommittee on Tax
Chamber / CongressHouse · 119th Congress
DateDecember 3, 2025
TypeHearing
Witnesses
Dr. Kimberly Clausing — Eric M. Zolt Professor of Tax Law and Policy, University of California, Los Angeles
Ms. Agnes Webb — Vice President of Tax, Sylvamo
Dr. Bret Wells — John Mixon Chair and Professor of Law, University of Houston Law Center
The Honorable Kevin Brady — 66th Chairman, House Committee on Ways & Means
Videoyoutube
Transcript428 caption blocks · 24,457 words · 2:54:55 runtime
EventCongress.gov 118719