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110th Congress 1st
Session COMMITTEE PRINT
_______________________________________________________________________
RULES ADOPTED BY THE COMMITTEES
OF THE HOUSE OF REPRESENTATIVES
----------
110th Congress
2007-2008
----------
compiled by the
COMMITTEE ON RULES
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13
Printed for the use of the Committee on Rules
RULES ADOPTED BY THE COMMITTEES OF THE HOUSE OF REPRESENTATIVES
110th Congress
1st Session COMMITTEE PRINT
_______________________________________________________________________
RULES ADOPTED BY THE COMMITTEES
OF THE HOUSE OF REPRESENTATIVES
__________
110th Congress
2007-2008
__________
compiled by the
COMMITTEE ON RULES
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13
Printed for the use of the Committee on Rules
U.S. GOVERNMENT PRINTING OFFICE
38-094 PDF WASHINGTON DC: 2007
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COMMITTEE ON RULES
LOUISE McINTOSH SLAUGHTER, New York, Chairwoman
JAMES P. McGOVERN, Massachusetts DAVID DREIER, California,
ALCEE L. HASTINGS, Florida Ranking Member
DORIS O. MATSUI, California LINCOLN DIAZ-BALART, Florida
DENNIS A. CARDOZA, California DOC HASTINGS, Washington
PETER WELCH, Vermont PETE SESSIONS, Texas
KATHY CASTOR, Florida
MICHAEL A. ARCURI, New York
BETTY SUTTON, Ohio
Dan Turton, Staff Director
Hugh Nathanial Halpern, Minority Staff Director
------
Subcommittee on Legislative and Budget Process
ALCEE L. HASTINGS, Florida, Chairman
DENNIS A. CARDOZA, California, LINCOLN DIAZ-BALART, Florida
PETER WELCH, Vermont DAVID DREIER, California
BETTY SUTTON, Ohio
LOUISE McINTOSH SLAUGHTER,
New York
------
Subcommittee on Rules and Organization of the House
JAMES P. McGOVERN, Massachusetts, Chairman
DORIS O. MATSUI, California, DOC HASTINGS, Washington
KATHY CASTOR, Florida PETE SESSIONS, Texas
MICHAEL A. ARCURI, New York
LOUISE McINTOSH SLAUGHTER,
New York
C O N T E N T S
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Part I.--Standing Committees of the House
Page
Committee on Agriculture......................................... 3
Committee on Appropriations...................................... 23
Committee on Armed Services...................................... 33
Committee on the Budget.......................................... 45
Committee on Education and Labor................................. 53
Committee on Energy and Commerce................................. 67
Committee on Financial Services.................................. 77
Committee on Foreign Affairs..................................... 91
Committee on Homeland Security................................... 109
Committee on House Administration................................ 121
Committee on the Judiciary....................................... 131
Committee on Natural Resources................................... 137
Committee on Oversight and Government Reform..................... 151
Committee on Rules............................................... 161
Committee on Science and Technology.............................. 171
Committee on Small Business...................................... 189
Committee on Standards of Official Conduct....................... 199
Committee on Transportation and Infrastructure................... 223
Committee on Veterans' Affairs................................... 239
Committee on Ways and Means...................................... 247
Part II.--Permanent Select Committee of the House
Permanent Select Committee on Intelligence....................... 259
Part III.--Select Committees of the House
Select Committee on Energy Independence and Global Warming....... 279
Select Committee to Investigate the Voting Irregularities of Aug.
2, 2007........................................................ 285
Part IV.--Congressional Joint Committees
Joint Economic Committee......................................... 289
Joint Committee of Congress on the Library....................... 295
Joint Committee on Printing...................................... 299
Joint Committee on Taxation...................................... 305
Appendix
Rule X. Organization of Committees............................... 307
Rule XI. Procedures of Committees and Unfinished Business........ 334
Rule XIII. Calendars and Committee Reports....................... 353
=======================================================================
PART I--STANDING COMMITTEES OF THE HOUSE
=======================================================================
Committee on Agriculture
COLLIN C. PETERSON, Minnesota,
Chairman
BOB GOODLATTE, Virginia, TIM HOLDEN, Pennsylvania
Ranking Member MIKE McINTYRE, North Carolina
TERRY EVERETT, Alabama BOB ETHERIDGE, North Carolina
FRANK D. LUCAS, Oklahoma LEONARD L. BOSWELL, Iowa
JERRY MORAN, Kansas JOE BACA, California
ROBIN HAYES, North Carolina DENNIS A. CARDOZA, California
TIMOTHY V. JOHNSON, Illinois DAVID SCOTT, Georgia
SAM GRAVES, Missouri JIM MARSHALL, Georgia
JO BONNER, Alabama STEPHANIE HERSETH SANDLIN, South
MIKE ROGERS, Alabama Dakota
STEVE KING, Iowa HENRY CUELLAR, Texas
MARILYN N. MUSGRAVE, Colorado JIM COSTA, California
RANDY NEUGEBAUER, Texas JOHN T. SALAZAR, Colorado
CHARLES W. BOUSTANY, Jr., BRAD ELLSWORTH, Indiana
Louisiana NANCY E. BOYDA, Kansas
JOHN R. ``RANDY'' KUHL, Jr., ZACHARY T. SPACE, Ohio
New York TIMOTHY J. WALZ, Minnesota
VIRGINIA FOXX, North Carolina KIRSTEN E. GILLIBRAND, New York
K. MICHAEL CONAWAY, Texas STEVE KAGEN, Wisconsin
JEFF FORTENBERRY, Nebraska EARL POMEROY, North Dakota
JEAN SCHMIDT, Ohio LINCOLN DAVIS, Tennessee
ADRIAN SMITH, Nebraska JOHN BARROW, Georgia
TIM WALBERG, Michigan NICK LAMPSON, Texas
[VACANCY]* JOE DONNELLY, Indiana
TIM MAHONEY, Florida
*Vacancy created by the resignation of Rep. Kevin McCarthy.
(Adopted January 23, 2007)
Rule I.--General Provisions
(a) Applicability of House Rules.--(1) The Rules of the
House shall govern the procedure of the Committee and its
subcommittees, and the rules of the Committee on Agriculture so
far as applicable shall be interpreted in accordance with the
Rules of the House, 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, are
nondebatable privileged motions in the Committee and its
subcommittees. (See Appendix A for the applicable Rules of the
U.S. House of Representatives.)
(2) As provided in clause 1(a)(2) of House rule XI, each
subcommittee is part of the Committee and is subject to the
authority and direction of the Committee and its rules so far
as applicable. (See also Committee rules III, IV, V, VI, VII
and X, infra.)
(b) Authority To Conduct Investigations.--The Committee and
its subcommittees, after consultation with the Chairman of the
Committee, may conduct such investigations and studies as they
may consider necessary or appropriate in the exercise of their
responsibilities under rule X of the Rules of the House and in
accordance with clause 2(m) of House rule XI.
(c) Authority To Print.--The Committee is authorized by the
Rules of the House to have printed and bound testimony and
other data presented at hearings held by the Committee and its
subcommittees. All costs of stenographic services and
transcripts in connection with any meeting or hearing of the
Committee and its subcommittees shall be paid from applicable
accounts of the House described in clause 1(i)(1) of House rule
X in accordance with clause 1(c) of House rule XI. (See also
paragraphs (d), (e) and (f) of Committee rule VIII.)
(d) Vice Chairman.--The Member of the majority party on the
Committee or subcommittee designated by the Chairman of the
full Committee shall be the vice chairman of the Committee or
subcommittee in accordance with clause 2(d) of House rule XI.
(e) Presiding Member.--If the Chairman of the Committee or
subcommittee is not present at any Committee or subcommittee
meeting or hearing, the vice chairman shall preside. If the
Chairman and vice chairman of the Committee or subcommittee are
not present at a Committee or subcommittee meeting or hearing
the ranking Member of the majority party who is present shall
preside in accordance with clause 2(d), House rule XI.
(f) Activities Report.--(1) The Committee shall submit to
the House, not later than January 2 of each odd-numbered year,
a report on the activities of the Committee under rules X and
XI of the Rules of the House during the Congress ending on
January 3 of such year. (See also Committee rule VIII(h)(2).)
(2) Such report shall include separate sections summarizing
the legislative and oversight activities of the Committee
during that Congress.
(3) The oversight section of such report shall include a
summary of the oversight plans submitted by the Committee
pursuant to clause 2(d) of House rule X, a summary of the
actions taken and recommendations made with respect to each
such plan, and a summary of any additional oversight activities
undertaken by the Committee, and any recommendations made or
actions taken with respect thereto.
(g) Publication of Rules.--The Committee's rules shall be
published in the Congressional Record not later than thirty
days after the Committee is elected in each odd-numbered year
as provided in clause 2(a) of House rule XI.
(h) Joint Committee Reports of Investigation or Study.--A
report of an investigation or study conducted jointly by more
than one committee may be filed jointly, provided that each of
the committees complies independently with all requirements for
approval and filing of the report.
Rule II.--Committee Business Meetings--Regular, Additional and Special
(a) Regular Meetings.--(1) Regular meetings of the
Committee, in accordance with clause 2(b) of House rule XI,
shall be held on the first Wednesday of every month to transact
its business unless such day is a holiday, or Congress is in
recess or is adjourned, in which case the Chairman shall
determine the regular meeting day of the Committee, if any, for
that month. The Chairman shall provide each member of the
Committee, as far in advance of the day of the regular meeting
as practicable, a written agenda of such meeting. Items may be
placed on the agenda by the Chairman or a majority of the
Committee. If the Chairman believes that there will not be any
bill, resolution or other matter considered before the full
Committee and there is no other business to be transacted at a
regular meeting, the meeting may be cancelled or it may be
deferred until such time as, in the judgment of the Chairman,
there may be matters which require the Committee's
consideration. This paragraph shall not apply to meetings of
any subcommittee. (See paragraph (f) of Committee rule X for
provisions that apply to meetings of subcommittees.)
(b) Additional Meetings.--The Chairman may call and
convene, as he or she considers necessary, after consultation
with the Ranking Minority Member of the Committee, 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 for such
additional meetings pursuant to a notice from the Chairman.
(c) Special Meetings.--If at least three members of the
Committee desire that a special meeting of the Committee be
called by the Chairman, those members may file in the offices
of the Committee their written request to the Chairman for such
special meeting. Such request shall specify the measure or
matters to be considered. Immediately upon the filing of the
request, the Majority Staff Director (serving as the clerk of
the Committee for such purpose) shall notify the Chairman of
the filing of the request. If, within three calendar days after
the filing of the request, the Chairman does not call the
requested special meeting to be held within 7 calendar days
after the filing of the request, a majority of the members of
the Committee may file in the offices of the Committee their
written notice that a special meeting of the Committee will be
held, specifying the date and hour thereof, and the measures or
matter to be considered at that special meeting in accordance
with clause 2(c)(2) of House rule XI. The Committee shall meet
on that date and hour. Immediately upon the filing of the
notice, the Majority Staff Director (serving as the clerk) of
the Committee shall notify all members of the Committee that
such meeting will be held and inform them of its date and hour
and the measure or matter to be considered, and only the
measure or matter specified in that notice may be considered at
that special meeting.
Rule III.--Open Meetings and Hearings; Broadcasting
(a) Open Meetings and Hearings.--Each meeting for the
transaction of business, including the markup of legislation,
and each hearing by the Committee or a subcommittee shall be
open to the public unless closed in accordance with clause 2(g)
of House rule XI. (See Appendix A.)
(b) Broadcasting and Photography.--Whenever a Committee or
subcommittee meeting for the transaction of business, including
the markup of legislation, or a hearing is open to the public,
that meeting or hearing shall be open to coverage by
television, radio, and still photography in accordance with
clause 4 of House rule XI (See Appendix A). When such radio
coverage is conducted in the Committee or subcommittee, written
notice to that effect shall be placed on the desk of each
Member. The Chairman of the Committee or subcommittee shall not
limit the number of television or still cameras permitted in a
hearing or meeting room to fewer than two representatives from
each medium (except for legitimate space or safety
considerations, in which case pool coverage shall be
authorized).
(c) Closed Meetings--Attendees.--No person other than
Members of the Committee or subcommittee and such congressional
staff and departmental representatives as the Committee or
subcommittee may authorize shall be present at any business or
markup session that has been closed to the public as provided
in clause 2(g)(1) of House rule XI.
(d) Addressing the Committee.--A Committee member may
address the Committee or a subcommittee on any bill, motion, or
other matter under consideration (See Committee rule VII(e)
relating to questioning a witness at a hearing). The time a
member may address the Committee or subcommittee for any such
purpose shall be limited to five minutes, except that this time
limit may be waived by unanimous consent. A member shall also
be limited in his or her remarks to the subject matter under
consideration, unless the Member receives unanimous consent to
extend his or her remarks beyond such subject.
(e) Meetings To Begin Promptly.--Subject to the presence of
a quorum, each meeting or hearing of the Committee and its
subcommittees shall begin promptly at the time so stipulated in
the public announcement of the meeting or hearing.
(f) Prohibition on Proxy Voting.--No vote by any Member of
the Committee or subcommittee with respect to any measure or
matter may be cast by proxy.
(g) Location of Persons at Meetings.--No person other than
the Committee or subcommittee Members and Committee or
subcommittee staff may be seated in the rostrum area during a
meeting of the Committee or subcommittee unless by unanimous
consent of Committee or subcommittee.
(h) Consideration of Amendments and Motions.--A Member,
upon request, shall be recognized by the Chairman to address
the Committee or subcommittee at a meeting for a period limited
to five minutes on behalf of an amendment or motion offered by
the Member or another Member, or upon any other matter under
consideration, unless the Member receives unanimous consent to
extend the time limit. Every amendment or motion made in
Committee or subcommittee shall, upon the demand of any Member
present, be reduced to writing, and a copy thereof shall be
made available to all Members present. Such amendment or motion
shall not be pending before the Committee or subcommittee or
voted on until the requirements of this paragraph have been
met.
(i) Demanding Record Vote.--(1) A record vote of the
Committee or subcommittee on a question or action shall be
ordered on a demand by one-fifth of the Members present.
(2) The Chairman of the Committee or Subcommittee may
postpone further proceedings when a record vote is ordered on
the question of approving a measure or matter or on adopting an
amendment. If the Chairman postpones further proceedings:
(A) the Chairman may resume such postponed
proceedings, after giving Members adequate notice, at a
time chosen in consultation with the Ranking Minority
Member; and
(B) notwithstanding any intervening order for the
previous question, the underlying proposition on which
proceedings were postponed shall remain subject to
further debate or amendment to the same extent as when
the question was postponed.
(j) Submission of Motions or Amendments in Advance of
Business Meetings.--The Committee and subcommittee Chairman may
request and Committee and subcommittee Members should, insofar
as practicable, cooperate in providing copies of proposed
amendments or motions to the Chairman and the Ranking Minority
Member of the Committee or the subcommittee twenty-four hours
before a Committee or subcommittee business meeting.
(k) Points of Order.--No point of order against the hearing
or meeting procedures of the Committee or subcommittee shall be
entertained unless it is made in a timely fashion.
(l) Limitation on Committee Sittings.--The Committee or
subcommittees may not sit during a joint session of the House
and Senate or during a recess when a joint meeting of the House
and Senate is in progress.
(m) Prohibition of Wireless Telephones.--Use of wireless
phones during a committee or subcommittee hearing or meeting is
prohibited.
Rule IV.--Quorums
(a) Working Quorum.--One-third of the members of the
Committee or a subcommittee shall constitute a quorum for
taking any action, other than as noted in paragraphs (b) and
(c).
(b) Majority Quorum.--A majority of the members of the
Committee or subcommittee shall constitute a quorum for:
(1) the reporting of a bill, resolution or other
measure (See clause 2(h)(1) of House rules XI, and
Committee rule VIII);
(2) the closing of a meeting or hearing to the public
pursuant to clauses 2(g) and 2(k)(5) of the rule XI of
the Rules of the House; and
(3) the authorizing of a subpoena as provided in
clause 2(m)(3), of House rule XI. (See also Committee
rule VI.)
(c) Quorum for Taking Testimony.--Two members of the
Committee or subcommittee shall constitute a quorum for the
purpose of taking testimony and receiving evidence.
Rule V.--Records
(a) Maintenance of Records.--The Committee shall keep a
complete record of all Committee and subcommittee action which
shall include-
(1) in the case of any meeting or hearing
transcripts, a substantially verbatim account of
remarks actually made during the proceedings, subject
only to technical, grammatical and typographical
corrections authorized by the person making the remarks
involved, and
(2) written minutes shall include a record of all
Committee and subcommittee action and a record of all
votes on any question and a tally on all record votes.
The result of each such record vote shall be made
available by the Committee for inspection by the public
at reasonable times in the offices of the Committee and
by telephone request. Information so available for
public inspection shall include a description of the
amendment, motion, order or other proposition and the
name of each member voting for and each member voting
against such amendment, motion, order, or proposition,
and the names of those members present but not voting.
(b) Access to and Correction of Records.--Any public
witness, or person authorized by such witness, during Committee
office hours in the Committee offices and within two weeks of
the close of hearings, may obtain a transcript copy of that
public witness's testimony and make such technical, grammatical
and typographical corrections as authorized by the person
making the remarks involved as will not alter the nature of
testimony given. There shall be prompt return of such corrected
copy of the transcript to the Committee. Members of the
Committee or subcommittee shall receive copies of transcripts
for their prompt review and correction and prompt return to the
Committee. The Committee or subcommittee may order the printing
of a hearing record without the corrections of any Member or
witness if it determines that such Member or witness has been
afforded a reasonable time in which to make such corrections
and further delay would seriously impede the consideration of
the legislative action that is subject of the hearing. The
record of a hearing shall be closed ten calendar days after the
last oral testimony, unless the Committee or subcommittee
determines otherwise. Any person requesting to file a statement
for the record of a hearing must so request before the hearing
concludes and must file the statement before the record is
closed unless the Committee or subcommittee determines
otherwise. The Committee or subcommittee may reject any
statement in light of its length or its tendency to defame,
degrade, or incriminate any person.
(c) Property of the House.--All Committee and subcommittee
hearings, records, data, charts, and files shall be kept
separate and distinct from the congressional office records of
the Members serving as Chairman and such records shall be the
property of the House and all Members of the House shall have
access thereto. The Majority Staff Director shall promptly
notify the Chairman and the Ranking Minority Member of any
request for access to such records.
(d) Availability of Archived Records.--The records of the
Committee at the National Archives and Records Administration
shall be made available for public use in accordance with House
rule VII. The Chairman shall notify the Ranking Minority Member
of the Committee of the need for a Committee order pursuant to
clause 3(b)(3) or clause 4(b) of such House rule, to withhold a
record otherwise available.
(e) Special Rules for Certain Records and Proceedings.--A
stenographic record of a business meeting of the Committee or
subcommittee may be kept and thereafter may be published if the
Chairman of the Committee, after consultation with the Ranking
Minority Member, determines there is need for such a record.
The proceedings of the Committee or subcommittee in a closed
meeting, evidence or testimony in such meeting, shall not be
divulged unless otherwise determined by a majority of the
Committee or subcommittee.
(f) Electronic Availability of Committee Publications.--To
the maximum extent feasible, the Committee shall make its
publications available in electronic form.
Rule VI.--Power To Sit and Act; Subpoena Power
(a) Authority To Sit and Act.--For the purpose of carrying
out any of its function and duties under House rules X and XI,
the Committee and each of its subcommittees is authorized
(subject to paragraph (b)(1) of this rule)--(1) to sit and act
at such times and places within the United States whether the
House is in session, has recessed, or has adjourned and to hold
such hearings, and
(2) to require, by subpoena or otherwise, the attendance
and testimony of such witnesses and the production of such
books, records, correspondence, memoranda, papers and
documents, as it deems necessary. The Chairman of the Committee
or subcommittee, or any member designated by the Chairman, may
administer oaths to any witness.
(b) Issuance of Subpoenas.--(1) A subpoena may be
authorized and issued by the Committee or subcommittee under
paragraph (a)(2) in the conduct of any investigation or series
of investigations or activities, only when authorized by a
majority of the members voting, a majority being present, as
provided in clause 2(m)(3)(A) of House rule XI. Such authorized
subpoenas shall be signed by the Chairman of the Committee or
by any member designated by the Committee. As soon as
practicable after a subpoena is issued under this rule, the
Chairman shall notify all members of the Committee of such
action.
(2) Notice of a meeting to consider a motion to authorize
and issue a subpoena should be given to all Members of the
Committee by 5 p.m. of the day preceding such meeting.
(3) Compliance with any subpoena issued by the Committee or
subcommittee under paragraph (a)(2) may be enforced only as
authorized or directed by the House.
(4) A subpoena duces tecum may specify terms of return
other than at a meeting or hearing of the committee or
subcommittee authorizing the subpoena.
(c) Expenses of Subpoenaed Witnesses.--Each witness who has
been subpoenaed, upon the completion of his or her testimony
before the Committee or any subcommittee, may report to the
offices of the Committee, and there sign appropriate vouchers
for travel allowances and attendance fees to which he or she is
entitled. If hearings are held in cities other than Washington
D.C., the subpoenaed witness may contact the Majority Staff
Director of the Committee, or his or her representative, before
leaving the hearing room.
Rule VII.--Hearing Procedures
(a) Power To Hear.--For the purpose of carrying out any of
its functions and duties under House rule X and XI, the
Committee and its subcommittees are authorized to sit and hold
hearings at any time or place within the United States whether
the House is in session, has recessed, or has adjourned. (See
paragraph (a) of Committee rule VI and paragraph (f) of
Committee rule X for provisions relating to subcommittee
hearings and meetings.)
(b) Announcement.--The Chairman of the Committee shall
after consultation with the Ranking Minority Member of the
Committee, make a public announcement of the date, place and
subject matter of any Committee hearing at least one week
before the commencement of the hearing. The Chairman of a
subcommittee shall schedule a hearing only after consultation
with the Chairman of the Committee and after consultation with
the Ranking Minority Member of the subcommittee, and the
Chairmen of the other subcommittees after such consultation
with the Committee Chairman, and shall request the Majority
Staff Director to make a public announcement of the date,
place, and subject matter of such hearing at least one week
before the hearing. If the Chairman of the Committee or the
subcommittee, with concurrence of the Ranking Minority Member
of the Committee or subcommittee, determines there is good
cause to begin the hearing sooner, or if the Committee or
subcommittee so determines by majority vote, a quorum being
present for the transaction of business, the Chairman of the
Committee or subcommittee, as appropriate, shall request the
Majority Staff Director to make such public announcement at the
earliest possible date. The clerk of the Committee shall
promptly notify the Daily Digest Clerk of the Congressional
Record, and shall promptly enter the appropriate information
into the Committee scheduling service of the House Information
Systems as soon as possible after such public announcement is
made.
(c) Scheduling of Witnesses.--Except as otherwise provided
in this rule, the scheduling of witnesses and determination of
the time allowed for the presentation of testimony at hearings
shall be at the discretion of the Chairman of the Committee or
subcommittee, unless a majority of the Committee or
subcommittee determines otherwise.
(d) Written Statement; Oral Testimony.--(1) Each witness
who is to appear before the Committee or a subcommittee, shall
insofar as practicable file with the Majority Staff Director of
the Committee, at least two working days before day of his or
her appearance, a written statement of proposed testimony.
Witnesses shall provide sufficient copies of their statement
for distribution to Committee or subcommittee Members, staff,
and the news media. Insofar as practicable, the Committee or
subcommittee staff shall distribute such written statements to
all Members of the Committee or subcommittee as soon as they
are received as well as any official reports from departments
and agencies on such subject matter. All witnesses may be
limited in their oral presentations to brief summaries of their
statements within the time allotted to them, at the discretion
of the Chairman of the Committee or subcommittee, in light of
the nature of the testimony and the length of time available.
(2) As noted in paragraph (a) of Committee rule VI, the
Chairman of the Committee or one of its subcommittees, or any
Member designated by the Chairman, may administer an oath to
any witness.
(3) To the greatest extent practicable, each witness
appearing in a non-governmental capacity shall include with the
written statement of proposed testimony a curriculum vitae and
disclosure of the amount and source (by agency and program) of
any Federal grant (or subgrant thereof) or contract (or
subcontract thereof) received during the current fiscal year or
either of the two preceding fiscal years.
(e) Questioning of Witnesses.--Committee or subcommittee
Members may question witnesses only when they have been
recognized by the Chairman of the Committee or subcommittee for
that purpose. Each Member so recognized shall be limited to
questioning a witness for five minutes until such time as each
Member of the Committee or subcommittee who so desires has had
an opportunity to question the witness for five minutes; and
thereafter the Chairman of the Committee or subcommittee may
limit the time of a further round of questioning after giving
due consideration to the importance of the subject matter and
the length of time available. All questions put to witnesses
shall be germane to the measure or matter under consideration.
Unless a majority of the Committee or subcommittee determines
otherwise, no committee or subcommittee staff shall interrogate
witnesses.
(f) Extending Questioning for Designed Members.--
Notwithstanding paragraph (e), the Chairman and Ranking
Minority member may designate an equal number of Members from
each party to question a witness for a period not longer than
60 minutes.
(g) Witnesses for the Minority.--When any hearing is
conducted by the Committee or any subcommittee upon any measure
or matter, the minority party members on the Committee or
subcommittee shall be entitled, upon request to the Chairman by
a majority of those minority members before the completion of
such hearing, to call witnesses selected by the minority to
testify with respect to that measure or matter during at least
one day of hearing thereon as provided in clause 2(j)(1) of
House rule XI.
(h) Summary of Subject Matter.--Upon announcement of a
hearing, to the extent practicable, the Committee shall make
available immediately to all members of the Committee a concise
summary of the subject matter (including legislative reports
and other material) under consideration. In addition, upon
announcement of a hearing and subsequently as they are
received, the Chairman of the Committee or subcommittee shall,
to the extent practicable, make available to the members of the
Committee any official reports from departments and agencies on
such matter. (See Committee rule X(f).)
(i) Open Hearings.--Each hearing conducted by the Committee
or subcommittee shall be open to the public, including radio,
television and still photography coverage, except as provided
in clause 4 of House rule XI (see also Committee rule III
(b).). In any event, no Member of the House may be excluded
from nonparticipatory attendance at any hearing unless the
House by majority vote shall authorize the Committee or
subcommittee, for purposes of a particular series of hearings
on a particular bill or resolution or on a particular subject
of investigation, to close its hearings to Members by means of
the above procedure.
(j) Hearings and Reports.--(1)(i) The Chairman of the
Committee or subcommittee at a hearing shall announce in an
opening statement the subject of the investigation. A copy of
the Committee rules (and the applicable provisions of clause 2
of House rule XI, regarding hearing procedures, an excerpt of
which appears in Appendix A thereto) shall be made available to
each witness upon request. Witnesses at hearings may be
accompanied by their own counsel for the purpose of advising
them concerning their constitutional rights. The Chairman of
the Committee or subcommittee may punish breaches of order and
decorum, and of professional ethics on the part of counsel, by
censure and exclusion from the hearings; but only the full
Committee may cite the offender to the House for contempt.
(ii) Whenever it is asserted by a member of the committee
that the evidence or testimony at a hearing may tend to defame,
degrade, or incriminate any person, or it is asserted by a
witness that the evidence or testimony that the witness would
give at a hearing may tend to defame, degrade, or incriminate
the witness, such testimony or evidence shall be presented in
executive session, notwithstanding the provisions of paragraph
(j) of this rule, if by a majority of those present, there
being in attendance the requisite number required under the
rules of the Committee to be present for the purpose of taking
testimony, the Committee or subcommittee determines that such
evidence or testimony may tend to defame, degrade, or
incriminate any person. The Committee or subcommittee shall
afford a person an opportunity voluntarily to appear as a
witness; and the Committee or subcommittee shall receive and
shall dispose of requests from such person to subpoena
additional witnesses.
(iii) No evidence or testimony taken in executive session
may be released or used in public sessions without the consent
of the Committee or subcommittee. In the discretion of the
Committee or subcommittee, witnesses may submit brief and
pertinent statements in writing for inclusion in the record.
The Committee or subcommittee is the sole judge of the
pertinency of testimony and evidence adduced at its hearings. A
witness may obtain a transcript copy of his or her testimony
given at a public session or, if given at an executive session,
when authorized by the Committee or subcommittee. (See
paragraph (c) of Committee rule V.)
(2) A proposed investigative or oversight report shall be
considered as read if it has been available to the members of
the Committee for at least 24 hours (excluding Saturdays,
Sundays, or legal holidays except when the House is in session
on such day) in advance of their consideration.
Rule VIII.--The Reporting of Bills and Resolutions
(a) Filing of Reports.--The Chairman shall report or cause
to be reported promptly to the House any bill, resolution, or
other measure approved by the Committee and shall take or cause
to be taken all necessary steps to bring such bill, resolution,
or other measure to a vote. No bill, resolution, or measure
shall be reported from the Committee unless a majority of
Committee is actually present. A Committee report on any bill,
resolution, or other measure approved by the Committee shall be
filed within seven calendar days (not counting days on which
the House is not in session) after the day on which there has
been filed with the Majority Staff Director of the Committee a
written request, signed by a majority of the Committee, for the
reporting of that bill or resolution. The Majority Staff
Director of the Committee shall notify the Chairman immediately
when such a request is filed.
(b) Content of Reports.--Each Committee report on any bill
or resolution approved by the Committee shall include as
separately identified sections:
(1) a statement of the intent or purpose of the bill
or resolution;
(2) a statement describing the need for such bill or
resolution;
(3) a statement of Committee and subcommittee
consideration of the measure including a summary of
amendments and motions offered and the actions taken
thereon;
(4) the results of each record vote on any amendment
in the Committee and subcommittee and on the motion to
report the measure or matter, including the names of
those Members and the total voting for and the names of
those Members and the total voting against such
amendment or motion (See clause 3(b) of House rule
XIII);
(5) the oversight findings and recommendations of the
Committee with respect to the subject matter of the
bill or resolution as required pursuant to clause
3(c)(1) of House rule XIII and clause 2(b)(1) of House
rule X;
(6) the detailed statement described in section
308(a) of the Congressional Budget Act of 1974 if the
bill or resolution provides new budget authority (other
than continuing appropriations), new spending authority
described in section 401(c)(2) of such Act, new credit
authority, or an increase or decrease in revenues or
tax expenditures, except that the estimates with
respect to new budget authority shall include, when
practicable, a comparison of the total estimated
funding level for the relevant program (or programs) to
the appropriate levels under current law;
(7) the estimate of costs and comparison of such
estimates, if any, prepared by the Director of the
Congressional Budget Office in connection with such
bill or resolution pursuant to section 402 of the
Congressional Budget Act of 1974 if submitted in timely
fashion to the Committee;
(8) a statement of general performance goals and
objectives, including outcome-related goals and
objectives, for which the measure authorizes funding;
(9) a statement citing the specific powers granted to
the Congress in the Constitution to enact the law
proposed by the bill or joint resolution;
(10) an estimate by the committee of the costs that
would be incurred in carrying out such bill or joint
resolution in the fiscal year in which it is reported
and for its authorized duration or for each of the five
fiscal years following the fiscal year of reporting,
whichever period is less (see rule XIII, clause
3(d)(2), (3) and (h)(2), (3)), together with--(i) a
comparison of these estimates with those made and
submitted to the Committee by any Government agency
when practicable, and
(ii) a comparison of the total estimated funding
level for the relevant program (or programs) with
appropriate levels under current law (The provisions of
this clause do not apply if a cost estimate and
comparison prepared by the Director of the
Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974 has been timely
submitted prior to the filing of the report and
included in the report);
(11) a list of congressional earmarks, limited tax
benefits, and limited tariff benefits in the bill or in
the report (and the name of any Member, Delegate, or
Resident Commissioner who submitted a request to the
committee for each respective item included in such
list) or a statement that the proposition contains no
congressional earmarks, limited tax benefits, or
limited tariff benefits;
(12) the changes in existing law (if any) shown in
accordance with clause 3 of House rule XIII;
(13) the determination required pursuant to section
5(b) of Public Law 92-463, if the legislation reported
establishes or authorizes the establishment of an
advisory committee; and
(14) the information on Federal and intergovernmental
mandates required by section 423(c) and (d) of the
Congressional Budget Act of 1974, as added by the
Unfunded Mandates Reform Act of 1995 (P.L. 104-4).
(15) a statement regarding the applicability of
section 102(b)(3) of the Congressional Accountability
Act, Public Law 104-1.
(c) Supplemental, Minority, or Additional Views.--If, at
the time of approval of any measure or matter by the Committee,
any Member of the Committee gives notice of intention to file
supplemental, minority, or additional views, that Member shall
be entitled to not less than two subsequent calendar days
(excluding Saturdays, Sundays, and legal holidays except when
the House is in session on such date) in which to file such
views, in writing and signed by that Member, with the Majority
Staff Director of the Committee. When time guaranteed by this
paragraph has expired (or if sooner, when all separate views
have been received), the Committee may arrange to file its
report with the Clerk of the House not later than one hour
after the expiration of such time. All such views (in
accordance with House rule XI, clause 2(l) and House rule XIII,
clause 3(a)(1)), as filed by one or more Members of the
Committee, shall be included within and made a part of the
report filed by the Committee with respect to that bill or
resolution.
(d) Printing of Reports.--The report of the Committee on
the measure or matter noted in paragraph (a) above shall be
printed in a single volume, which shall:
(1) include all supplemental, minority or additional
views that have been submitted by the time of the
filing of the report; and
(2) bear on its cover a recital that any such
supplemental, minority, or additional views (and any
material submitted under House rule XII, clause
3(a)(1)) are included as part of the report.
(e) Immediate Printing; Supplemental Reports.--Nothing in
this rule shall preclude (1) the immediate filing or printing
of a Committee report unless timely request for the opportunity
to file supplemental, minority, or additional views has been
made as provided by paragraph (c), or (2) the filing by the
Committee of any supplemental report on any bill or resolution
that may be required for the correction of any technical error
in a previous report made by the Committee on that bill or
resolution.
(f) Availability of Printed Hearing Records.--If hearings
have been held on any reported bill or resolution, the
Committee shall make every reasonable effort to have the record
of such hearings printed and available for distribution to the
Members of the House prior to the consideration of such bill or
resolution by the House. Each printed hearing of the Committee
or any of its subcommittees shall include a record of the
attendance of the Members.
(g) Committee Prints.--All Committee or subcommittee prints
or other Committee or subcommittee documents, other than
reports or prints of bills, that are prepared for public
distribution shall be approved by the Chairman of the Committee
or the Committee prior to public distribution.
(h) Post Adjournment Filing of Committee Reports.--(1)
After an adjournment of the last regular session of a Congress
sine die, an investigative or oversight report approved by the
Committee may be filed with the Clerk at any time, provided
that if a member gives notice at the time of approval of
intention to file supplemental, minority, or additional views,
that member shall be entitled to not less than seven calendar
days in which to submit such views for inclusion with the
report.
(2) After an adjournment of the last regular session of a
Congress sine die, the Chairman of the Committee may file at
any time with the Clerk the Committee's activity report for
that Congress pursuant to clause 1(d)(1) of rule XI of the
Rules of the House without the approval of the Committee,
provided that a copy of the report has been available to each
member of the Committee for at least seven calendar days and
the report includes any supplemental, minority, or additional
views submitted by a member of the Committee.
(i) The Chairman is directed to offer a motion under clause
1 of rule XXII of the Rules of the House whenever the Chairman
considers it appropriate.
Rule IX.--Other Committee Activities
(a) Oversight Plan.--Not later than February 15 of the
first session of a Congress, the Chairman shall convene the
Committee in a meeting that is open to the public and with a
quorum present to adopt its oversight plans for that Congress.
Such plans shall be submitted simultaneously to the Committee
on Government Reform and to the Committee on House
Administration. In developing such plans the Committee shall,
to the maximum extent feasible--(1) consult with other
committees of the House that have jurisdiction over the same or
related laws, programs, or agencies within its jurisdiction,
with the objective of ensuring that such laws, programs, or
agencies are reviewed in the same Congress and that there is a
maximum of coordination between such committees in the conduct
of such reviews; and such plans shall include an explanation of
what steps have been and will be taken to ensure such
coordination and cooperation;
(2) review specific problems with federal rules,
regulations, statutes, and court decisions that are ambiguous,
arbitrary, or nonsensical, or that impose severe financial
burdens on individuals; and
(3) give priority consideration to including in its plans
the review of those laws, programs, or agencies operating under
permanent budget authority or permanent statutory authority;
and
(4) have a view toward ensuring that all significant laws,
programs, or agencies within its jurisdiction are subject to
review at least once every ten years. The Committee and its
appropriate subcommittees shall review and study, on a
continuing basis, the impact or probable impact of tax policies
affecting subjects within its jurisdiction as provided in
clause 2(d) of House rule X. The Committee shall include in the
report filed pursuant to clause 1(d) of House rule XI a summary
of the oversight plans submitted by the Committee under clause
2(d) of House rule X, a summary of actions taken and
recommendations made with respect to each such plan, and a
summary of any additional oversight activities undertaken by
the Committee and any recommendations made or actions taken
thereon.
(b) Annual Appropriations.--The Committee shall, in its
consideration of all bills and joint resolutions of a public
character within its jurisdiction, ensure that appropriations
for continuing programs and activities of the Federal
government and the District of Columbia government will be made
annually to the maximum extent feasible and consistent with the
nature, requirements, and objectives of the programs and
activities involved. The Committee shall review, from time to
time, each continuing program within its jurisdiction for which
appropriations are not made annually in order to ascertain
whether such program could be modified so that appropriations
therefor would be made annually.
(c) Budget Act Compliance: Views and Estimates (See
Appendix B).--Not later than six weeks after the President
submits his budget under section 1105(a) of title 31, United
State Code, or at such time as the Committee on the Budget may
request, the Committee shall submit to the Committee on the
Budget (1) its views and estimates with respect to all matters
to be set forth in the concurrent resolution on the budget for
the ensuing fiscal year (under section 301 of the Congressional
Budget Act of 1974--see Appendix B) that are within its
jurisdiction or functions; and (2) an estimate of the total
amounts of new budget authority, and budget outlays resulting
therefrom, to be provided or authorized in all bills and
resolutions within its jurisdiction that it intends to be
effective during that fiscal year.
(d) Budget Act Compliance: Recommended Changes.--Whenever
the Committee is directed in a concurrent resolution on the
budget to determine and recommend changes in laws, bills, or
resolutions under the reconciliation process, it shall promptly
make such determination and recommendations, and report a
reconciliation bill or resolution (or both) to the House or
submit such recommendations to the Committee on the Budget, in
accordance with the Congressional Budget Act of 1974 (See
Appendix B).
(e) Conference Committees.--Whenever in the legislative
process it becomes necessary to appoint conferees, the Chairman
shall, after consultation with the Ranking minority member,
determine the number of conferees the Chairman deems most
suitable and then recommend to the Speaker as conferees, in
keeping with the number to be appointed by the Speaker as
provided in House rule I, clause 11, the names of those Members
of the Committee of not less than a majority who generally
supported the House position and who were primarily responsible
for the legislation. The Chairman shall, to the fullest extent
feasible, include those Members of the Committee who were the
principal proponents of the major provisions of the bill as it
passed the House and such other Committee Members of the
majority party as the Chairman may designate in consultation
with the Members of the majority party. Such recommendations
shall provide a ratio of majority party Members to minority
party Members no less favorable to the majority party than the
ratio of majority party Members to minority party Members on
the Committee. In making recommendations of minority party
Members as conferees, the Chairman shall consult with the
Ranking Minority Member of the Committee.
Rule X.--Subcommittees
(a) Number and Composition.--There shall be such
subcommittees as specified in paragraph (c) of this rule. Each
of such subcommittees shall be composed of the number of
members set forth in paragraph (c) of this rule, including ex
officio members. The Chairman and Ranking Minority Member of
the Committee serve as ex officio Members of the Subcommittees.
(See paragraph (e) of this rule.) The Chairman may create
additional subcommittees of an ad hoc nature as the Chairman
determines to be appropriate subject to any limitations
provided for in the House Rules.
(b) Ratios.--On each subcommittee, there shall be a ratio
of majority party members to minority party members which shall
be consistent with the ratio on the full Committee. In
calculating the ratio of majority party members to minority
party members, there shall be included the ex officio members
of the subcommittees and ratios below reflect that fact.
(c) Jurisdiction.--Each subcommittee shall have the
following general jurisdiction and number of members:
Conservation, Credit, Energy, and Research (28 Members, 15
Majority and 13 Minority).--Soil, water, and resource
conservation, small watershed program, energy and biobased
energy production, rural electrification, agricultural credit,
and agricultural research, education and extension services.
Department Operations, Oversight, Nutrition and Forestry (13
Members, 7 Majority and 6 Minority).--Agency oversight, review
and analysis, special investigations, food stamps, nutrition
and consumer programs, forestry in general, and forest reserves
other than those created from the public domain. General Farm
Commodities and Risk Management (20 Members, 11 Majority and 9
Minority).--Program and markets related to cotton, cottonseed,
wheat, feed grains, soybeans, oilseeds, rice, dry beans, peas,
lentils, the Commodity Credit Corporation, crop insurance, and
commodity exchanges. Horticulture and Organic Agriculture (13
Members, 7 Majority and 6 Minority).--Fruits and vegetables,
honey and bees, marketing and promotion orders, plant
pesticides, quarantine, adulteration of seeds, and insect
pests, and organic agriculture. Livestock, Dairy, and Poultry
(20 Members, 11 Majority and 9 Minority).--Livestock, dairy,
poultry, meat, seafood and seafood products, inspection,
marketing, and promotion of such commodities, aquaculture,
animal welfare, and grazing. Specialty Crops, Rural Development
and Foreign Agriculture (13 Members, 7 Majority and 6
Minority).--Peanuts, sugar, tobacco, marketing orders relating
to such commodities, rural development, farm security and
family farming matters, biotechnology, foreign agricultural
assistance, and trade promotion programs, generally.
(d) Referral of Legislation.--(1)(a) In General.--All
bills, resolutions, and other matters referred to the Committee
shall be referred to all subcommittees of appropriate
jurisdiction within 2 weeks after being referred to the
Committee. After consultation with the Ranking Minority Member,
the Chairman may determine that the Committee will consider
certain bills, resolutions, or other matters.
(b) Trade Matters.--Unless action is otherwise taken under
subparagraph (3), bills, resolutions, and other matters
referred to the Committee relating to foreign agriculture,
foreign food or commodity assistance, and foreign trade and
marketing issues will be considered by the Committee.
(2) The Chairman, by a majority vote of the Committee, may
discharge a subcommittee from further consideration of any
bill, resolution, or other matter referred to the subcommittee
and have such bill, resolution or other matter considered by
the Committee. The Committee having referred a bill,
resolution, or other matter to a subcommittee in accordance
with this rule may discharge such subcommittee from further
consideration thereof at any time by a vote of the majority
members of the Committee for the Committee's direct
consideration or for reference to another subcommittee.
(3) Unless the Committee, a quorum being present, decides
otherwise by a majority vote, the Chairman may refer bills,
resolutions, legislation or other matters not specifically
within the jurisdiction of a subcommittee, or that is within
the jurisdiction of more than one subcommittee, jointly or
exclusively as the Chairman deems appropriate, including
concurrently to the subcommittees with jurisdiction,
sequentially to the subcommittees with jurisdiction (subject to
any time limits deemed appropriate), divided by subject matter
among the subcommittees with jurisdiction, or to an ad hoc
subcommittee appointed by the Chairman for the purpose of
considering the matter and reporting to the Committee thereon,
or make such other provisions deemed appropriate.
(e) Participation and Service of Committee Members on
Subcommittees.--(1) The Chairman and the Ranking Minority
Member shall serve as ex officio members of all subcommittees
and shall have the right to vote on all matters before the
subcommittees. The Chairman and the Ranking Minority Member may
not be counted for the purpose of establishing a quorum.
(2) Any member of the Committee who is not a member of the
subcommittee may have the privilege of sitting and
nonparticipatory attendance at subcommittee hearings or
meetings in accordance with clause 2(g)(2) of House rule XI.
Such member may not:
(i) vote on any matter;
(ii) be counted for the purpose of establishing a
quorum;
(iii) participate in questioning a witness under the
five minute rule, unless permitted to do so by the
subcommittee Chairman in consultation with the Ranking
Minority Member or a majority of the subcommittee, a
quorum being present;
(iv) raise points of order; or
(v) offer amendments or motions.
(f) Subcommittee Hearings and Meetings.--(1) Each
subcommittee is authorized to meet, hold hearings, receive
evidence, and make recommendations to the Committee on all
matters referred to it or under its jurisdiction after
consultation by the subcommittee Chairmen with the Committee
Chairman. (See Committee rule VII.)
(2) After consultation with the Committee Chairman,
subcommittee Chairmen shall set dates for hearings and meetings
of their subcommittees and shall request the Majority Staff
Director to make any announcement relating thereto. (See
Committee rule VII(b).) In setting the dates, the Committee
Chairman and subcommittee Chairman shall consult with other
subcommittee Chairmen and relevant Committee and Subcommittee
Ranking Minority Members in an effort to avoid simultaneously
scheduling Committee and subcommittee meetings or hearings to
the extent practicable.
(3) Notice of all subcommittee meetings shall be provided
to the Chairman and the Ranking Minority Member of the
Committee by the Majority Staff Director.
(4) Subcommittees may hold meetings or hearings outside of
the House if the Chairman of the Committee and other
subcommittee Chairmen and the Ranking Minority Member of the
subcommittee is consulted in advance to ensure that there is no
scheduling problem. However, the majority of the Committee may
authorize such meeting or hearing.
(5) The provisions regarding notice and the agenda of
Committee meetings under Committee rule II(a) and special or
additional meetings under Committee rule II(b) shall apply to
subcommittee meetings.
(6) If a vacancy occurs in a subcommittee chairmanship, the
Chairman may set the dates for hearings and meetings of the
subcommittee during the period of vacancy. The Chairman may
also appoint an acting subcommittee Chairman until the vacancy
is filled.
(g) Subcommittee Action.--(1) Any bill, resolution,
recommendation, or other matter forwarded to the Committee by a
subcommittee shall be promptly forwarded by the subcommittee
Chairman or any subcommittee member authorized to do so by the
subcommittee.
(2) Upon receipt of such recommendation, the Majority Staff
Director of the Committee shall promptly advise all members of
the Committee of the subcommittee action.
(3) The Committee shall not consider any matters
recommended by subcommittees until two calendar days have
elapsed from the date of action, unless the Chairman or a
majority of the Committee determines otherwise.
(h) Subcommittee Investigations.--No investigation shall be
initiated by a subcommittee without the prior consultation with
the Chairman of the Committee or a majority of the Committee.
Rule XI.--Committee Budget, Staff, and Travel
(a) Committee Budget.--The Chairman, in consultation with
the majority members of the Committee, and the minority members
of the Committee, shall prepare a preliminary budget for each
session of the Congress. Such budget shall include necessary
amounts for staff personnel, travel, investigation, and other
expenses of the Committee and subcommittees. After consultation
with the Ranking Minority Member, the Chairman shall include an
amount budgeted to minority members for staff under their
direction and supervision. Thereafter, the Chairman shall
combine such proposals into a consolidated Committee budget,
and shall take whatever action is necessary to have such budget
duly authorized by the House.
(b) Committee Staff.--(1) The Chairman shall appoint and
determine the remuneration of, and may remove, the professional
and clerical employees of the Committee not assigned to the
minority. The professional and clerical staff of the Committee
not assigned to the minority shall be under the general
supervision and direction of the Chairman, who shall establish
and assign the duties and responsibilities of such staff
members and delegate such authority as he or she determines
appropriate. (See House rule X, clause 9)
(2) The Ranking Minority member of the Committee shall
appoint and determine the remuneration of, and may remove, the
professional and clerical staff assigned to the minority within
the budget approved for such purposes. The professional and
clerical staff assigned to the minority shall be under the
general supervision and direction of the Ranking Minority
Member of the Committee who may delegate such authority as he
or she determines appropriate.
(3) From the funds made available for the appointment of
Committee staff pursuant to any primary or additional expense
resolution, the Chairman shall ensure that each subcommittee is
adequately funded and staffed to discharge its responsibilities
and that the minority party is fairly treated in the
appointment of such staff (See House rule X, clause 6(d)).
(c) Committee Travel.--(1) 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
regarding domestic and foreign travel (See House rule XI,
clause 2(n) and House rule X, clause 8 (reprinted in Appendix
A)). Official travel 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 Committee Member and any Committee staff member in
connection with the attendance of hearings conducted by the
Committee and its subcommittees 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:
(i) The purpose of the official travel;
(ii) 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;
(iii) The location of the event for which the
official travel is to be made; and
(iv) The names of members and Committee staff seeking
authorization.
(2) 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 to be paid
for out of funds allocated to the Committee, prior
authorization must be obtained from the subcommittee Chairman
and the full Committee Chairman. Such prior authorization shall
be given by the Chairman only upon the representation by the
applicable subcommittee Chairman in writing setting forth those
items enumerated in clause (1).
(3) Within 60 days of the conclusion of any official travel
authorized under this rule, there shall be submitted to the
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.
(4) Local currencies owned by the United States shall be
made available to the Committee and its employees engaged in
carrying out their official duties outside the United States,
its territories or possessions. No appropriated funds shall be
expended for the purpose of defraying expenses of Members of
the Committee or is employees in any country where local
currencies are available for this purpose; and the following
conditions shall apply with respect to their use of such
currencies;
(i) No Member or employee of the Committee shall
receive or expend local currencies for subsistence in
any country at a rate in excess of the maximum per diem
rate set forth in applicable Federal law; and
(ii) Each Member or employee of the Committee shall
make an itemized report to the Chairman within 60 days
following the completion of travel showing the dates
each country was visited, the amount of per diem
furnished, the cost of transportation furnished, and
any funds expended for any other official purpose, and
shall summarize in these categories the total foreign
currencies and appropriated funds expended. All such
individual reports shall be filed by the Chairman with
the Committee on House Administration and shall be open
to public inspection.
Rule XII.--Amendment of Rules
These rules may be amended by a majority vote of the
Committee. A proposed change in these rules shall not be
considered by the Committee as provided in clause 2 of House
rule XI, unless written notice of the proposed change has been
provided to each Committee member two legislative days in
advance of the date on which the matter is to be considered.
Any such change in the rules of the Committee shall be
published in the Congressional Record within 30 calendar days
after its approval.
Committee on Appropriations
DAVID R. OBEY, Wisconsin, Chairman
JERRY LEWIS, California, JOHN P. MURTHA, Pennsylvania
Ranking Member NORMAN D. DICKS, Washington
C. W. BILL YOUNG, Florida ALAN B. MOLLOHAN, West Virginia
RALPH REGULA, Ohio MARCY KAPTUR, Ohio
HAROLD ROGERS, Kentucky PETER J. VISCLOSKY, Indiana
FRANK R. WOLF, Virginia NITA M. LOWEY, New York
JAMES T. WALSH, New York JOSE E. SERRANO, New York
DAVID L. HOBSON, Ohio ROSA L. DeLAURO, Connecticut
JOE KNOLLENBERG, Michigan JAMES P. MORAN, Virginia
JACK KINGSTON, Georgia JOHN W. OLVER, Massachusetts
RODNEY P. FRELINGHUYSEN, ED PASTOR, Arizona
New Jersey DAVID E. PRICE, North Carolina
ROGER F. WICKER, Mississippi CHET EDWARDS, Texas
TODD TIAHRT, Kansas ROBERT E. ``BUD'' CRAMER, Jr.,
ZACH WAMP, Tennessee Alabama
TOM LATHAM, Iowa PATRICK J. KENNEDY, Rhode Island
ROBERT B. ADERHOLT, Alabama MAURICE D. HINCHEY, New York
JO ANN EMERSON, Missouri LUCILLE ROYBAL-ALLARD, California
KAY GRANGER, Texas SAM FARR, California
JOHN E. PETERSON, Pennsylvania JESSE L. JACKSON, Jr., Illinois
VIRGIL H. GOODE, Jr., Virginia CAROLYN C. KILPATRICK, Michigan
RAY LaHOOD, Illinois ALLEN BOYD, Florida
DAVE WELDON, Florida CHAKA FATTAH, Pennsylvania
MICHAEL K. SIMPSON, Idaho STEVEN R. ROTHMAN, New Jersey
JOHN ABNEY CULBERSON, Texas SANFORD D. BISHOP, Jr., Georgia
MARK STEVEN KIRK, Illinois MARION BERRY, Arkansas
ANDER CRENSHAW, Florida BARBARA LEE, California
DENNIS R. REHBERG, Montana TOM UDALL, New Mexico
JOHN R. CARTER, Texas ADAM B. SCHIFF, California
RODNEY ALEXANDER, Louisiana MICHAEL M. HONDA, California
KEN CALVERT, California* BETTY McCOLLUM, Minnesota
STEVE ISRAEL, New York
TIM RYAN, Ohio
C. A. DUTCH RUPPERSBERGER,
Maryland
BEN CHANDLER, Kentucky
DEBBIE WASSERMAN SCHULTZ,
Florida
CIRO D. RODRIGUEZ, Texas
----------
*Appointed to the Appropriations Committee on May 10, 2007, filling a
vacancy created by the April 20, 2007 resignation of Rep. John
Doolittle.
(Adopted January 16, 2007)
RESOLVED, That the rules and practices of the Committee on
Appropriations, House of Representatives, in the One Hundred
Ninth Congress, except as otherwise provided hereinafter, shall
be and are hereby adopted as the rules and practices of the
Committee on Appropriations in the One Hundred Tenth Congress.
The foregoing resolution adopts the following rules:
Sec. 1: Power To Sit and Act
(a) For the purpose of carrying out any of its functions
and duties under rules X and XI of the Rules of the House of
Representatives, the Committee and each of its subcommittees is
authorized:
(1) To sit and act at such times and places within
the United States whether the House is in session, has
recessed, or has adjourned, and to hold such hearings
as it deems necessary; and
(2) To require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, reports, correspondence,
memorandums, papers, and documents as it deems
necessary.
(b) The Chairman, or any Member designated by the Chairman,
may administer oaths to any witness.
(c) A subpoena may be authorized and issued by the
Committee or its subcommittees under subsection (a)(2) in the
conduct of any investigation or activity or series of
investigations or activities, only when authorized by a
majority of the Members of the Committee voting, a majority
being present. The power to authorize and issue subpoenas under
subsection (a)(2) may be delegated to the Chairman pursuant to
such rules and under such limitations as the Committee may
prescribe. Authorized subpoenas shall be signed by the Chairman
or by any Member designated by the Committee.
(d) Compliance with any subpoena issued by the Committee or
its subcommittees may be enforced only as authorized or
directed by the House.
Sec. 2: Subcommittees
(a) The Majority Caucus of the Committee shall establish
the number of subcommittees and shall determine the
jurisdiction of each subcommittee.
(b) Each subcommittee is authorized to meet, hold hearings,
receive evidence, and report to the Committee all matters
referred to it.
(c) All legislation and other matters referred to the
Committee shall be referred to the sub committee of appropriate
jurisdiction within two weeks unless, by majority vote of the
Majority Members of the full Committee, consideration is to be
by the full Committee.
(d) The Majority Caucus of the Committee shall determine an
appropriate ratio of Majority to Minority Members for each
subcommittee. The Chairman is authorized to negotiate that
ratio with the Minority; Provided, however, That party
representation in each subcommittee, including ex-officio
members, shall be no less favorable to the Majority than the
ratio for the full Committee.
(e) The Chairman and Ranking Minority Member of the full
Committee are each authorized to sit as a member of all
subcommittees and to participate, including voting, in all of
the work of the subcommittees.
Sec. 3: Staffing
(a) Committee Staff.--The Chairman is authorized to appoint
the staff of the Committee, and make adjustments in the job
titles and compensation thereof subject to the maxi mum rates
and conditions established in Clause 9(c) of rule X of the
Rules of the House of Representatives. In addition, he is
authorized, in his discretion, to arrange for their specialized
training. The Chairman is also authorized to employ additional
personnel as necessary.
(b) Assistants to Members.--(1) Each of the top twenty-one
senior majority and minority Members of the full Committee may
select and designate one staff member who shall serve at the
pleasure of that Member. Effective as of such date as the
Chairman may determine, all other Members of the Committee may
also each select and designate one such staff member.
(2) Effective as of such date as the Chairman may
determine, the Chairman and Ranking Minority Member of the full
committee and of each subcommittee may each select and
designate one staff member, in addition to the staff member
designated under the preceding paragraph, who shall serve at
the pleasure of the Member making the designation.
(3) Staff members designated under this subsection shall be
compensated at a rate, determined by the Member, not to exceed
75 per centum of the maximum established in Clause 9 (c) of
rule X of the Rules of the House of Representatives. Effective
as of such date as the Chairman may determine, the limit on
compensation under this subsection shall be increased to 80 per
centum of such maximum.
(4) Members designating staff members under this subsection
must specifically certify by letter to the Chairman that the
employees are needed and will be utilized for Committee work.
Sec. 4: Committee Meetings
(a) Regular Meeting Day.--The regular meeting day of the
Committee shall be the first Wednesday of each month while the
House is in session, unless the Committee has met within the
past 30 days or the Chairman considers a specific meeting
unnecessary in the light of the requirements of the Committee
business schedule.
(b) Additional and Special Meetings.--(1) The Chairman 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 for such
purpose pursuant to that call of the Chairman.
(2) If at least three Committee Members desire that a
special meeting of the Commit tee be called by the Chairman,
those Members may file in the Committee Offices a written
request to the Chairman for that special meeting. Such request
shall specify the measure or matter to be considered. Upon the
filing of the request, the Committee Clerk shall notify the
Chairman.
(3) If within three calendar days after the filing of the
request, the Chairman does not call the requested special
meeting to be held within seven calendar days after the filing
of the request, a majority of the Committee Members may file in
the Committee Offices their written notice that a special
meeting will be held, specifying the date and hour of such
meeting, and the measure or matter to be considered. The
Committee shall meet on that date and hour.
(4) Immediately upon the filing of the notice, the
Committee Clerk shall notify all Committee Members that such
special meeting will be held and inform them of its date and
hour and the measure or matter to be considered. Only the
measure or matter specified in that notice may be considered at
the special meeting.
(c) Vice Chairman To Preside in Absence of Chairman.--A
member of the majority party on the Committee or subcommittee
thereof designated by the Chairman of the full Committee shall
be vice chairman of the Committee or subcommittee, as the case
may be, and shall preside at any meeting during the temporary
absence of the chairman. If the chairman and vice chairman of
the Committee or subcommittee are not present at any meeting of
the Committee or subcommittee, the ranking member of the
majority party who is present shall preside at that meeting.
(d) Business Meetings.--(1) Each meeting for the
transaction of business, including the markup of legislation,
of the Committee and its subcommittees shall be open to the
public except when the Committee or the subcommittee concerned,
in open session and with a majority present, deter mines by
roll call vote that all or part of the remainder of the meeting
on that day shall be closed.
(2) No person other than Committee Members and such
congressional staff and depart mental representatives as they
may authorize shall be present at any business or markup
session which has been closed.
(e) Committee Records.--(1) The Committee shall keep a
complete record of all Committee action, including a record of
the votes on any question on which a roll call is demanded. The
result of each roll call vote shall be available for inspection
by the public during regular business hours in the Committee
Offices. The information made available for public inspection
shall include a description of the amendment, motion, or other
proposition, and the name of each Member voting for and each
Member voting against, and the names of those Members present
but not voting.
(2) All hearings, records, data, charts, and files of the
Committee shall be kept separate and distinct from the
congressional office records of the Chairman of the Committee.
Such records shall be the property of the House, and all
Members of the House shall have access thereto.
(3) The records of the Committee at the National Archives
and Records Administration shall be made available in
accordance with rule VII of the Rules of the House, except that
the Committee authorizes use of any record to which Clause 3
(b)(4) of rule VII of the Rules of the House would otherwise
apply after such record has been in existence for 20 years. The
Chairman shall notify the Ranking Minority Mem ber of any
decision, pursuant to Clause 3 (b)(3) or Clause 4 (b) of rule
VII of the Rules of the House, to withhold a record otherwise
available, and the matter shall be presented to the Committee
for a determination upon the written request of any Member of
the Committee.
Sec. 5: Committee and Subcommittee Hearings
(a) Overall Budget Hearings.--Overall budget hearings by
the Committee, including the hearing required by Section 242
(c) of the Legislative Reorganization Act of 1970 and Clause 4
(a)(1) of rule X of the Rules of the House of Representatives
shall be conducted in open session except when the Committee in
open session and with a majority present, deter mines by roll
call vote that the testimony to be taken at that hearing on
that day may be related to a matter of national security;
except that the Committee may by the same procedure close one
subsequent day of hearing. A transcript of all such hearings
shall be printed and a copy furnished to each Member, Delegate,
and the Resident Commissioner from Puerto Rico.
(b) Other Hearings.--(1) All other hearings conducted by
the Committee or its subcommittees shall be open to the public
except when the Committee or subcommittee in open session and
with a majority present determines by roll call vote that all
or part of the remainder of that hearing on that day shall be
closed to the public because disclosure of testimony, evidence,
or other matters to be considered would endanger the national
security or would violate any law or rule of the House of
Representatives. Notwithstanding the requirements of the
preceding sentence, a majority of those present at a hearing
conducted by the Committee or any of its subcommittees, there
being in attendance the number required under Section 5 (c) of
these Rules to be present for the purpose of taking testimony,
(1) may vote to close the hearing for the sole purpose of
discussing whether testimony or evidence to be received would
endanger the national security or violate Clause 2(k)(5) of
rule XI of the Rules of the House of Representatives or (2) may
vote to close the hearing, as provided in Clause 2(k)(5) of
such rule. No Member of the House of Representatives may be
excluded from nonparticipatory attendance at any hearing of the
Committee or its subcommittees unless the House of
Representatives shall by majority vote authorize the Committee
or any of its sub committees, for purposes of a particular
series of hearings on a particular article of legislation or on
a particular subject of investigation, to close its hearings to
Members by the same procedures designated in this subsection
for closing hearings to the public; Provided, however, That the
Committee or its subcommittees may by the same pro cedure vote
to close five subsequent days of hearings.
(2) Subcommittee chairmen shall coordinate the development
of schedules for meetings or hearings after consultation with
the Chairman and other subcommittee chairmen with a view toward
avoiding simultaneous scheduling of Committee and subcommittee
meetings or hearings.
(3) Each witness who is to appear before the Committee or
any of its subcommittees as the case may be, insofar as is
practicable, shall file in advance of such appearance, a
written statement of the proposed testimony and shall limit the
oral presentation at such appearance to a brief summary, except
that this provision shall not apply to any witness appearing
before the Committee in the overall budget hearings.
(4) Each witness appearing in a nongovernmental capacity
before the Committee, or any of its subcommittees as the case
may be, shall to the greatest extent practicable, submit a
written statement including a curriculum vitae and a disclosure
of the amount and source (by agency and program) of any Federal
grant (or subgrant thereof) or contract (or subcontract
thereof) received during the current fiscal year or either of
the two previous fiscal years by the witness or by an entity
represented by the witness.
(c) Quorum for Taking Testimony.--The number of Members of
the Committee which shall constitute a quorum for taking
testimony and receiving evidence in any hearing of the
Committee shall be two.
(d) Calling and Interrogation of Witnesses.--(1) The
Minority Members of the Committee or its subcommittees shall be
entitled, upon request to the Chairman or subcommittee
chairman, by a majority of them before completion of any
hearing, to call witnesses selected by the Minority to testify
with respect to the matter under consideration during at least
one day of hearings thereon.
(2) The Committee and its subcommittees shall observe the
five-minute rule during the interrogation of witnesses until
such time as each Member of the Committee or subcommittee who
so desires has had an opportunity to question the witness.
(e) Broadcasting and Photographing of Committee Meetings
and Hearings.--Whenever a hearing or meeting conducted by the
full Committee or any of its subcommittees is open to the
public, those proceedings shall be open to coverage by
television, radio, and still photography, as provided in Clause
(4)(f) of rule XI of the Rules of the House of Representatives.
Neither the full Committee Chairman or subcommittee chairman
shall limit the number of television or still cameras to fewer
than two representatives from each medium.
(f) Subcommittee Meetings.--No subcommittee shall sit while
the House is reading an appropriation measure for amendment
under the five-minute rule or while the Committee is in
session.
(g) Public Notice of Committee Hearings.--The Chairman of
the Committee shall make public announcement of the date,
place, and subject matter of any Committee or subcommittee
hearing at least one week before the commencement of the
hearing. If the Chairman of the Committee or subcommittee, with
the concurrence of the ranking minority member of the Committee
or respective subcommittee, determines there is good cause to
begin the hearing sooner, or if the Committee or subcommittee
so determines by majority vote, a quorum being present for the
transaction of business, the Chairman or subcommittee chairman
shall make the announcement at the earliest possible date. Any
announcement made under this subsection shall be promptly
published in the Daily Digest and promptly entered into the
Committee scheduling service of the House Information Systems.
Sec. 6: Procedures for Reporting Bills and Resolutions
(a) Prompt Reporting Requirement.--(1) It shall be the duty
of the Chairman to report, or cause to be reported promptly to
the House any bill or resolution approved by the Committee and
to take or cause to be taken necessary steps to bring the
matter to a vote.
(2) In any event, a report on a bill or resolution which
the Committee has approved shall be filed within seven calendar
days (exclusive of days in which the House is not in session)
after the day on which there has been filed with the Committee
Clerk a written request, signed by a majority of Committee
Members, for the reporting of such bill or resolution. Upon the
filing of any such request, the Committee Clerk shall notify
the Chairman immediately of the filing of the request. This
subsection does not apply to the reporting of a regular
appropriation bill or to the reporting of a resolution of
inquiry addressed to the head of an executive department.
(b) Presence of Committee Majority.--No measure or
recommendation shall be reported from the Committee unless a
majority of the Committee was actually present.
(c) Rollcall Votes.--With respect to each rollcall vote on
a motion to report any measure or matter of a public character,
and on any amendment offered to the measure of matter, the
total number of votes cast for and against, and the names of
those Members voting for and against, shall be included in the
Committee report on the measure or matter.
(d) Compliance With Congressional Budget Act.--A Committee
report on a bill or resolution which has been approved by the
Committee shall include the statement required by Section
308(a) of the Congressional Budget Act of 1974, separately set
out and clearly identified, if the bill or resolution provides
new budget authority.
(e) Constitutional Authority Statement.--Each report of the
Committee on a bill or joint resolution of a public character
shall include a statement citing the specific powers granted to
the Congress in the Constitution to enact the law proposed by
the bill or joint resolution.
(f) Changes in Existing Law.--Committee report on a general
appropriation bill shall contain a concise statement describing
fully the effect of any provision of the bill which directly or
indirectly changes the application of existing law.
(g) Rescissions and Transfers.--Each bill or resolution
reported by the Committee shall include separate headings for
rescissions and transfers of unexpended balances with all
proposed rescissions and transfers listed therein. The report
of the Committee accompanying such a bill or resolution shall
include a separate section with respect to such rescissions or
transfers.
(h) Listing of Unauthorized Appropriations.--Each Committee
report on a general appropriation bill shall contain a list of
all appropriations contained in the bill for any expenditure
not currently authorized by law for the period concerned
(except for classified intelligence or national security
programs, projects, or activities) along with a statement of
the last year for which such expenditures were authorized, the
level of expenditures authorized for that year, the actual
level of expenditures for that year, and the level of
appropriations in the bill for such expenditures.
(i) Supplemental or Minority Views.--(1) If, at the time
the Committee approves any measure or matter, any Committee
Member gives notice of intention to file supplemental,
minority, or additional views, the Member shall be entitled to
not less than two additional calendar days after the day of
such notice (excluding Saturdays, Sundays, and legal holidays)
in which to file such views in writing and signed by the
Member, with the Clerk of the Committee. All such views so
filed shall be included in and shall be a part of the report
filed by the Committee with respect to that measure or matter.
(2) The Committee report on that measure or matter shall be
printed in a single volume which--
(i) shall include all supplemental, minority, or
additional views which have been submitted by the time
of the filing of the report, and
(ii) shall have on its cover a recital that any such
supplemental, minority, or additional views are
included as part of the report.
(3) This subsection does not preclude--
(i) the immediate filing or printing of a Committee
report unless timely request for the opportunity to
file supplemental, minority, or additional views has
been made as provided by such subsection; or
(ii) the filing by the Committee of a supplemental
report on a measure or matter which may be required for
correction of any technical error in a previous report
made by the Committee on that measure or matter.
(4) If, at the time a subcommittee approves any measure or
matter for recommendation to the full Committee, any Member of
that subcommittee who gives notice of intention to offer
supplemental, minority, or additional views shall be entitled,
insofar as is practicable and in accordance with the printing
requirements as determined by the subcommittee, to include such
views in the Committee Print with respect to that measure or
matter.
(j) Availability of Reports.--A copy of each bill,
resolution, or report shall be made available to each Member of
the Committee at least three calendar days (excluding
Saturdays, Sundays, and legal holidays) in advance of the date
on which the Committee is to consider each bill, resolution, or
report; Provided, That this subsection may be waived by
agreement between the Chairman and the Ranking Minority Member
of the full Committee.
(k) Performance Goals and Objectives.--Each Committee
report shall contain a statement of general performance goals
and objectives, including outcome-related goals and objectives,
for which the measure authorizes funding.
(l) Motion To Go to Conference.--The Chairman is directed
to offer a motion under clause 1 of rule XXII of the Rules of
the House whenever the Chairman considers it appropriate.
Sec. 7: Voting
(a) No vote by any Member of the Committee or any of its
subcommittees with respect to any measure or matter may be cast
by proxy.
(b) The vote on any question before the Committee shall be
taken by the yeas and nays on the demand of one-fifth of the
Members present.
(c) The Chairman of the Committee or the chairman of any of
its subcommittees may--
(1) postpone further proceedings when a record vote
is ordered on the question of approving a measure or
matter or on adopting an amendment;
(2) resume proceedings on a postponed question at any
time after reasonable notice. 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.
Sec. 8: Studies and Examinations
The following procedure shall be applicable with respect to
the conduct of studies and examinations of the organization and
operation of Executive Agencies under authority contained in
Section 202(b) of the Legislative Reorganization Act of 1946
and in Clause (3)(a) of rule X of the Rules of the House of
Representatives:
(a) The Chairman is authorized to appoint such staff and,
in his discretion, arrange for the procurement of temporary
services of consultants, as from time to time may be required.
(b) Studies and examinations will be initiated upon the
written request of a subcommittee which shall be reasonably
specific and definite in character, and shall be initiated only
by a majority vote of the subcommittee, with the chairman of
the subcommittee and the ranking minority member thereof
participating as part of such majority vote. When so initiated
such request shall be filed with the Clerk of the Committee for
submission to the Chairman and the Ranking Minority Member and
their approval shall be required to make the same effective.
Notwithstanding any action taken on such request by the
chairman and ranking minority member of the subcommittee, a
request may be approved by a majority of the Committee.
(c) Any request approved as provided under subsection (b)
shall be immediately turned over to the staff appointed for
action.
(d) Any information obtained by such staff shall be
reported to the chairman of the subcommittee requesting such
study and examination and to the Chairman and Ranking Minority
Member, shall be made available to the members of the
subcommittee concerned, and shall not be released for
publication until the subcommittee so determines.
(e) Any hearings or investigations which may be desired,
aside from the regular hearings on appropriation items, when
approved by the Committee, shall be conducted by the
subcommittee having jurisdiction over the matter.
Sec. 9: Official Travel
(a) The chairman of a subcommittee shall approve requests
for travel by subcommittee members and staff for official
business within the jurisdiction of that subcommittee. The
ranking minority member of a subcommittee shall concur in such
travel requests by minority members of that subcommittee and
the Ranking Minority Member shall concur in such travel
requests for Minority Members of the Committee. Requests in
writing covering the purpose, itinerary, and dates of proposed
travel shall be submitted for final approval to the Chairman.
Specific approval shall be required for each and every trip.
(b) The Chairman is authorized during the recess of the
Congress to approve travel authorizations for Committee Members
and staff, including travel outside the United States.
(c) As soon as practicable, the Chairman shall direct the
head of each Government agency concerned not to honor requests
of subcommittees, individual Members, or staff for travel, the
direct or indirect expenses of which are to be defrayed from an
executive appropriation, except upon request from the Chairman.
(d) In accordance with Clause 8 of rule X of the Rules of
the House of Representatives and Section 502(b) of the Mutual
Security Act of 1954, as amended, local currencies owned by the
United States shall be available to Committee Members and staff
engaged in carrying out their official duties outside the
United States, its territories, or possessions. No Committee
Member or staff member shall receive or expend local currencies
for subsistence in any country at a rate in excess of the
maximum per diem rate set forth in applicable Federal law.
(e) Travel Reports.--(1) Members or staff shall make a
report to the Chairman on their travel, covering the purpose,
results, itinerary, expenses, and other pertinent comments.
(2) With respect to travel outside the United States or its
territories or possessions, the report shall include: (1) an
itemized list showing the dates each country was visited, the
amount of per diem furnished, the cost of transportation
furnished, and any funds expended for any other official
purpose; and (2) a summary in these categories of the total
foreign currencies and/or appropriated funds expended. All such
individual reports on foreign travel shall be filed with the
Chairman no later than sixty days following completion of the
travel for use in complying with reporting requirements in
applicable Federal law, and shall be open for public
inspection.
(3) Each Member or employee performing such travel shall be
solely responsible for supporting the amounts reported by the
Member or employee.
(4) No report or statement as to any trip shall be
publicized making any recommendations in behalf of the
Committee without the authorization of a majority of the
Committee.
(f) Members and staff of the Committee performing
authorized travel on official business pertaining to the
jurisdiction of the Committee shall be governed by applicable
laws or regulations of the House and of the Committee on House
Administration pertaining to such travel, and as promulgated
from time to time by the Chairman.
Committee on Armed Services
IKE SKELTON, Missouri, Chairman
DUNCAN HUNTER, California, JOHN M. SPRATT, Jr., South
Ranking Member Carolina
JIM SAXTON, New Jersey SOLOMON P. ORTIZ, Texas
JOHN M. McHUGH, New York GENE TAYLOR, Mississippi
TERRY EVERETT, Alabama NEIL ABERCROMBIE, Hawaii
ROSCOE G. BARTLETT, Maryland SILVESTRE REYES, Texas
HOWARD P. ``BUCK'' McKEON, VIC SNYDER, Arkansas
California ADAM SMITH, Washington
MAC THORNBERRY, Texas LORETTA SANCHEZ, California
WALTER B. JONES, North Carolina MIKE McINTYRE, North Carolina
ROBIN HAYES, North Carolina ELLEN O. TAUSCHER, California
W. TODD AKIN, Missouri ROBERT A. BRADY, Pennsylvania
J. RANDY FORBES, Virginia ROBERT E. ANDREWS, New Jersey
JEFF MILLER, Florida SUSAN A. DAVIS, California
JOE WILSON, South Carolina RICK LARSEN, Washington
FRANK A. LoBIONDO, New Jersey JIM COOPER, Tennessee
TOM COLE, Oklahoma JIM MARSHALL, Georgia
ROB BISHOP, Utah MADELEINE Z. BORDALLO, Guam
MICHAEL R. TURNER, Ohio MARK UDALL, Colorado
JOHN KLINE, Minnesota DAN BOREN, Oklahoma
CANDICE S. MILLER, Michigan BRAD ELLSWORTH, Indiana
PHIL GINGREY, Georgia NANCY E. BOYDA, Kansas
MIKE ROGERS, Alabama PATRICK J. MURPHY, Pennsylvania
TRENT FRANKS, Arizona HENRY C. ``HANK'' JOHNSON, Jr.,
BILL SHUSTER, Pennsylvania* Georgia
THELMA D. DRAKE, Virginia CAROL SHEA-PORTER, New Hampshire
CATHY McMORRIS RODGERS, JOE COURTNEY, Connecticut
Washington DAVID LOEBSACK, Iowa
K. MICHAEL CONAWAY, Texas KIRSTEN E. GILLIBRAND, New York
GEOFF DAVIS, Kentucky JOE SESTAK, Pennsylvania
[VACANCY]*** GABRIELLE GIFFORDS, Arizona
ELIJAH E. CUMMINGS, Maryland
KENDRICK B. MEEK, Florida
KATHY CASTOR, Florida
JAMES R. LANGEVIN, Rhode
Island****
----------
*Appointed to the Armed Services Committee on May 10, 2007, filling a
vacancy created by the May 16, 2007 resignation of Rep. Ken Calvert
(CA).
**Vacancy created by the resignation from Congress of Rep. Martin
Meehan (MA) on July 1, 2007.
***Vacancy created by the death of Rep. Jo Ann Davis on October 6,
2007.
****Appointed to the Armed Services Committee on September 20, 2007,
filling a vacancy created by the resignation from Congress of Rep.
Martin Meehan (MA) on July 1, 2007.
(Adopted January 10, 2007)
Rule 1.--Application of House Rules
The Rules of the House of Representatives are the rules of
the Committee on Armed Services (hereinafter referred to in
these rules as the ``Committee'') and its subcommittees so far
as applicable.
Rule 2.--Full Committee Meeting Date
(a) The Committee shall meet every Wednesday at 10:00 a.m.,
when the House of Representatives is in session, and at such
other times as may be fixed by the Chairman of the Committee
(hereinafter referred to as the ``Chairman''), or by written
request of members of the Committee pursuant to clause 2(c) of
rule XI of the Rules of the House of Representatives.
(b) A Wednesday meeting of the Committee may be dispensed
with by the Chairman, but such action may be reversed by a
written request of a majority of the members of the Committee.
Rule 3.--Subcommittee Meeting Dates
Each subcommittee is authorized to meet, hold hearings,
receive evidence, and report to the Committee on all matters
referred to it. Insofar as possible, meetings of the Committee
and its subcommittees shall not conflict. A subcommittee
Chairman shall set meeting dates after consultation with the
Chairman, other subcommittee Chairmen, and the Ranking Minority
Member of the subcommittee with a view toward avoiding,
whenever possible, simultaneous scheduling of committee and
subcommittee meetings or hearings.
Rule 4.--Jurisdiction and Membership of Committee and Subcommittees
(a) Jurisdiction.--(1) The Committee retains jurisdiction
of all subjects listed in clause 1(c) of rule X of the Rules of
the House of Representatives and retains exclusive jurisdiction
for: defense policy generally, ongoing military operations, the
organization and reform of the Department of Defense and
Department of Energy, counter-drug programs, acquisition and
industrial base policy, technology transfer and export
controls, joint interoperability, the Cooperative Threat
Reduction program, Department of Energy nonproliferation
programs, and detainee affairs and policy. While subcommittees
are provided jurisdictional responsibilities in subparagraph
(2), the Committee retains the right to exercise oversight and
legislative jurisdiction over all subjects within its purview
under rule X of the Rules of the House of Representatives.
(2) The Committee shall be organized to consist of seven
standing subcommittees with the following jurisdictions:
Subcommittee on Air and Land Forces: All Army and Air
Force acquisition programs (except strategic missiles,
special operations and information technology
programs). In addition, the subcommittee will be
responsible for deep strike bombers and related
systems, National Guard and Army and Air Force reserve
modernization, and ammunition programs.
Subcommittee on Readiness: Military readiness,
training, logistics and maintenance issues and
programs. In addition, the subcommittee will be
responsible for all military construction,
installations and family housing issues, including the
base closure process.
Subcommittee on Terrorism, Unconventional Threats and
Capabilities: Department of Defense counter-
proliferation and counter-terrorism programs and
initiatives. In addition, the subcommittee will be
responsible for Special Operations Forces; science and
technology policy, including the Defense Advanced
Research Projects Agency and information technology
programs; force protection policy and oversight;
homeland defense and consequence management programs
within the committee's jurisdiction; and related
intelligence support.
Subcommittee on Military Personnel: Military
personnel policy, reserve component integration and
employment issues, military health care, military
education and POW/MIA issues. In addition, the
subcommittee will be responsible for Morale, Welfare
and Recreation issues and programs.
Subcommittee on Strategic Forces: Strategic Forces
(except deep strike systems), space programs, ballistic
missile defense, intelligence policy and national
programs and Department of Energy national security
programs (except non-proliferation programs).
Subcommittee on Seapower and Expeditionary Forces:
Navy and Marine Corps programs (except strategic
weapons, space, special operations and information
technology programs) and Naval Reserve equipment. In
addition, the subcommittee will be responsible for
Maritime programs under the jurisdiction of the
Committee as delineated in rule X, clauses 5, 6, and 9
of the Rules of the House of Representatives.
Subcommittee on Oversight and Investigations: Any
matter within the jurisdiction of the Committee,
subject to the concurrence of the Chairman of the
Committee and, as appropriate, affected subcommittee
chairmen. The subcommittee shall have no legislative
jurisdiction.
(b) Membership of the Subcommittees.--(1) Subcommittee
memberships, with the exception of membership on the
Subcommittee on Oversight and Investigations, shall be filled
in accordance with the rules of the Majority party's caucus and
the Minority party's conference, respectively.
(2) The Chairman and Ranking Minority Member of the
Subcommittee on Oversight and Investigations shall be filled in
accordance with the rules of the Majority party's caucus and
the Minority party's conference, respectively. Consistent with
the party ratios established by the Majority party, all other
Majority members of the subcommittee shall be appointed by the
Chairman of the Committee, and all other Minority members shall
be appointed by the Ranking Minority Member of the Committee.
Rule 5.--Committee Panels and Task Forces
(a) Committee Panels.--(1) The Chairman may designate a
panel of the Committee consisting of members of the Committee
to inquire into and take testimony on a matter or matters that
fall within the jurisdiction of more than one subcommittee and
to report to the Committee.
(2) No panel appointed by the Chairman shall continue in
existence for more than six months after the appointment. A
panel so appointed may, upon the expiration of six months, be
reappointed by the Chairman for a period of time which is not
to exceed six months.
(3) Consistent with the party ratios established by the
Majority party, all Majority members of the panels shall be
appointed by the Chairman of the Committee, and all Minority
members shall be appointed by the Ranking Minority Member of
the Committee. The Chairman of the Committee shall choose one
of the Majority members so appointed who does not currently
chair another subcommittee of the Committee to serve as
Chairman of the panel. The Ranking Minority Member of the
Committee shall similarly choose the Ranking Minority Member of
the panel.
(4) No panel shall have legislative jurisdiction.
(b) Committee and Subcommittee Task Forces.--(1) The
Chairman of the Committee, or a Chairman of a subcommittee with
the concurrence of the Chairman of the Committee, may designate
a task force to inquire into and take testimony on a matter
that falls within the jurisdiction of the Committee or
subcommittee, respectively. The Chairman and Ranking Minority
Member of the Committee or subcommittee shall each appoint an
equal number of members to the task force. The Chairman of the
Committee or subcommittee shall choose one of the members so
appointed, who does not currently chair another subcommittee of
the Committee, to serve as Chairman of the task force. The
Ranking Minority Member of the Committee or subcommittee shall
similarly appoint the Ranking Minority Member of the task
force.
(2) No task force appointed by the Chairman of the
Committee or subcommittee shall continue in existence for more
than three months. A task force may only be reappointed for an
additional three months with the written concurrence of the
Chairman and Ranking Minority Member of the Committee or
subcommittee whose Chairman appointed the task force.
(3) No task force shall have legislative jurisdiction.
Rule 6.--Reference and Consideration of Legislation
(a) The Chairman shall refer legislation and other matters
to the appropriate subcommittee or to the full Committee.
(b) Legislation shall be taken up for a hearing or markup
only when called by the Chairman of the Committee or
subcommittee, as appropriate, or by a majority of those present
and voting.
(c) The Chairman, with approval of a majority vote of a
quorum of the Committee, shall have authority to discharge a
subcommittee from consideration of any measure or matter
referred thereto and have such measure or matter considered by
the Committee.
(d) Reports and recommendations of a subcommittee may not
be considered by the Committee until after the intervention of
three calendar days from the time the report is approved by the
subcommittee and available to the members of the Committee,
except that this rule may be waived by a majority vote of a
quorum of the Committee.
Rule 7.--Public Announcement of Hearings and Meetings
Pursuant to clause 2(g)(3) of rule XI of the Rules of the
House of Representatives, the Chairman of the Committee, or of
any subcommittee, panel, or task force shall make public
announcement of the date, place, and subject matter of any
hearing before that body at least one week before the
commencement of the hearing. However, if the Chairman of the
Committee, or of any subcommittee, panel, or task force, with
the concurrence of the respective Ranking Minority Member,
determines that there is good cause to begin the hearing
sooner, or if the Committee, subcommittee, panel, or task force
so determines by majority vote, a quorum being present for the
transaction of business, such chairman shall make the
announcement at the earliest possible date. Any announcement
made under this rule shall be promptly published in the Daily
Digest, promptly entered into the committee scheduling service
of the House Information Resources, and promptly posted to the
internet web page maintained by the Committee.
Rule 8.--Broadcasting of Committee Hearings and Meetings
Clause 4 of rule XI of the Rules of the House of
Representatives shall apply to the Committee.
Rule 9.--Meetings and Hearings Open to the Public
(a) Each hearing and meeting for the transaction of
business, including the markup of legislation, conducted by the
Committee, or any subcommittee, panel, or task force, to the
extent that the respective body is authorized to conduct
markups, shall be open to the public except when the Committee,
subcommittee, panel, or task force in open session and with a
majority being present, determines by record vote that all or
part of the remainder of that hearing or meeting on that day
shall be in executive session because disclosure of testimony,
evidence, or other matters to be considered would endanger the
national security, would compromise sensitive law enforcement
information, or would violate any law or rule of the House of
Representatives. Notwithstanding the requirements of the
preceding sentence, a majority of those present, there being in
attendance no fewer than two members of the Committee,
subcommittee, panel, or task force may vote to close a hearing
or meeting for the sole purpose of discussing whether testimony
or evidence to be received would endanger the national
security, would compromise sensitive law enforcement
information, or would violate any law or rule of the House of
Representatives. If the decision is to proceed in executive
session, the vote must be by record vote and in open session, a
majority of the Committee, subcommittee, panel, or task force
being present.
(b) Whenever it is asserted by a member of the committee or
subcommittee that the evidence or testimony at a hearing may
tend to defame, degrade, or incriminate any person, or it is
asserted by a witness that the evidence or testimony that the
witness would give at a hearing may tend to defame, degrade, or
incriminate the witness, notwithstanding the requirements of
(a) and the provisions of clause 2(g)(2) of rule XI of the
Rules of the House of Representatives, such evidence or
testimony shall be presented in executive session, if by a
majority vote of those present, there being in attendance no
fewer than two members of the Committee or subcommittee, the
Committee or subcommittee determines that such evidence may
tend to defame, degrade or incriminate any person. A majority
of those present, there being in attendance no fewer than two
members of the Committee or subcommittee may also vote to close
the hearing or meeting for the sole purpose of discussing
whether evidence or testimony to be received would tend to
defame, degrade or incriminate any person. The Committee or
subcommittee shall proceed to receive such testimony in open
session only if the Committee or subcommittee, a majority being
present, determines that such evidence or testimony will not
tend to defame, degrade or incriminate any person.
(c) Notwithstanding the foregoing, and with the approval of
the Chairman, each member of the Committee may designate by
letter to the Chairman, only one member of that member's
personal staff, which may include fellows, with Top Secret
security clearance to attend hearings of the Committee, or that
member's subcommittee(s), panel(s), or task force(s) (excluding
briefings or meetings held under the provisions of committee
rule 9(a)), which have been closed under the provisions of rule
9(a) above for national security purposes for the taking of
testimony. The attendance of such a staff member or fellow at
such hearings is subject to the approval of the Committee,
subcommittee, panel, or task force as dictated by national
security requirements at that time. The attainment of any
required security clearances is the responsibility of
individual members of the Committee.
(d) Pursuant to clause 2(g)(2) of rule XI of the Rules of
the House of Representatives, no Member, Delegate, or Resident
Commissioner may be excluded from nonparticipatory attendance
at any hearing of the Committee or a subcommittee, unless the
House of Representatives shall by majority vote authorize the
Committee or subcommittee, for purposes of a particular series
of hearings on a particular article of legislation or on a
particular subject of investigation, to close its hearings to
Members, Delegates, and the Resident Commissioner by the same
procedures designated in this rule for closing hearings to the
public.
(e) The Committee or the subcommittee may vote, by the same
procedure, to meet in executive session for up to five
additional consecutive days of hearings.
Rule 10.--Quorum
(a) For purposes of taking testimony and receiving
evidence, two members shall constitute a quorum.
(b) One-third of the members of the Committee or
subcommittee shall constitute a quorum for taking any action,
with the following exceptions, in which case a majority of the
Committee or subcommittee shall constitute a quorum:
(1) Reporting a measure or recommendation;
(2) Closing committee or subcommittee meetings and
hearings to the public;
(3) Authorizing the issuance of subpoenas;
(4) Authorizing the use of executive session
material; and
(5) Voting to proceed in open session after voting to
close to discuss whether evidence or testimony to be
received would tend to defame, degrade, or incriminate
any person.
(c) No measure or recommendation shall be reported to the
House of Representatives unless a majority of the Committee is
actually present.
Rule 11.--The Five-Minute Rule
(a) The time any one member may address the Committee or
subcommittee on any measure or matter under consideration shall
not exceed five minutes and then only when the member has been
recognized by the Chairman or subcommittee chairman, as
appropriate, except that this time limit may be exceeded by
unanimous consent. Any member, upon request, shall be
recognized for not more than five minutes to address the
Committee or subcommittee on behalf of an amendment which the
member has offered to any pending bill or resolution. The five-
minute limitation shall not apply to the Chairman and Ranking
Minority Member of the Committee or subcommittee.
(b)(1) Members who are present at a hearing of the
Committee or subcommittee when a hearing is originally convened
shall be recognized by the Chairman or subcommittee chairman,
as appropriate, in order of seniority. Those members arriving
subsequently shall be recognized in order of their arrival.
Notwithstanding the foregoing, the Chairman and the Ranking
Minority Member will take precedence upon their arrival. In
recognizing members to question witnesses in this fashion, the
Chairman shall take into consideration the ratio of the
Majority to Minority members present and shall establish the
order of recognition for questioning in such a manner as not to
disadvantage the members of either party.
(2) The Chairman of the Committee or a subcommittee, with
the concurrence of the respective Ranking Minority Member, may
depart with the regular order for questioning which is
specified in paragraphs (a) and (b) of this rule provided that
such a decision is announced prior to the hearing or prior to
the opening statements of the witnesses and that any such
departure applies equally to the Majority and the Minority.
(c) No person other than a Member, Delegate, or Resident
Commissioner of Congress and committee staff may be seated in
or behind the dais area during Committee, subcommittee, panel,
or task force hearings and meetings.
Rule 12.--Power To Sit and Act; Subpoena Power
(a) For the purpose of carrying out any of its functions
and duties under rules X and XI of the Rules of the House of
Representatives, the Committee and any subcommittee is
authorized (subject to subparagraph (b)(1) of this paragraph):
(1) to sit and act at such times and places within
the United States, whether the House is in session, has
recessed, or has adjourned, and to hold hearings, and
(2) to require by subpoena, or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memorandums, papers and documents, including, but not
limited to, those in electronic form, as it considers
necessary.
(b)(1) A subpoena may be authorized and issued by the
Committee, or any subcommittee with the concurrence of the full
Committee Chairman and after consultation with the Ranking
Member of the Committee, under subparagraph (a)(2) in the
conduct of any investigation, or series of investigations or
activities, only when authorized by a majority of the members
voting, a majority of the Committee or subcommittee being
present. Authorized subpoenas shall be signed only by the
Chairman, or by any member designated by the Committee.
(2) Pursuant to clause 2(m) of rule XI of the Rules of the
House of Representatives, compliance with any subpoena issued
by the Committee or any subcommittee under subparagraph (a)(2)
may be enforced only as authorized or directed by the House of
Representatives.
Rule 13.--Witness Statements
(a) Any prepared statement to be presented by a witness to
the Committee or a subcommittee shall be submitted to the
Committee or subcommittee at least 48 hours in advance of
presentation and shall be distributed to all members of the
Committee or subcommittee as soon as practicable but not less
than 24 hours in advance of presentation. A copy of any such
prepared statement shall also be submitted to the Committee in
electronic form. If a prepared statement contains national
security information bearing a classification of secret or
higher, the statement shall be made available in the Committee
rooms to all members of the Committee or subcommittee as soon
as practicable but not less than 24 hours in advance of
presentation; however, no such statement shall be removed from
the Committee offices. The requirement of this rule may be
waived by a majority vote of the Committee or subcommittee, a
quorum being present. In cases where a witness does not submit
a statement by the time required under this rule, the Chairman
of the Committee or subcommittee, as appropriate, with the
concurrence of the respective Ranking Minority Member, may
elect to exclude the witness from the hearing.
(b) The Committee and each subcommittee shall require each
witness who is to appear before it to file with the Committee
in advance of his or her appearance a written statement of the
proposed testimony and to limit the oral presentation at such
appearance to a brief summary of the submitted written
statement.
Rule 14.--Administering Oaths to Witnesses
(a) The Chairman, or any member designated by the Chairman,
may administer oaths to any witness.
(b) Witnesses, when sworn, shall subscribe to the following
oath:
Do you solemnly swear (or affirm) that the testimony
you will give before this Committee (or subcommittee)
in the matters now under consideration will be the
truth, the whole truth, and nothing but the truth, so
help you God?
Rule 15.--Questioning of Witnesses
(a) When a witness is before the Committee or a
subcommittee, members of the Committee or subcommittee may put
questions to the witness only when recognized by the Chairman
or subcommittee chairman, as appropriate, for that purpose
according to rule 11 of the Committee.
(b) Members of the Committee or subcommittee who so desire
shall have not more than five minutes to question each witness
or panel of witnesses, the responses of the witness or
witnesses being included in the five-minute period, until such
time as each member has had an opportunity to question each
witness or panel of witnesses. Thereafter, additional rounds
for questioning witnesses by members are within the discretion
of the Chairman or subcommittee chairman, as appropriate.
(c) Questions put to witnesses before the Committee or
subcommittee shall be pertinent to the measure or matter that
may be before the Committee or subcommittee for consideration.
Rule 16.--Publication of Committee Hearings and Markups
The transcripts of those hearings and mark-ups conducted by
the Committee, subcommittee, or panel will be published
officially in verbatim form, with the material requested for
the record inserted at that place requested, or at the end of
the record, as appropriate. Any requests to correct any errors,
other than those in transcription, or disputed errors in
transcription, will be appended to the record, and the
appropriate place where the change is requested will be
footnoted. Any transcript published under this rule shall
include the results of record votes conducted in the session
covered by the transcript and shall also include materials that
have been submitted for the record and are covered under rule
19. The handling and safekeeping of these materials shall fully
satisfy the requirements of rule 20. No transcript of an
executive session conducted under rule 9 shall be published
under this rule.
Rule 17.--Voting and Rollcalls
(a) Voting on a measure or matter may be by record vote,
division vote, voice vote, or unanimous consent.
(b) A record vote shall be ordered upon the request of one-
fifth of those members present.
(c) No vote by any member of the Committee or a
subcommittee with respect to any measure or matter shall be
cast by proxy.
(d) In the event of a vote or votes, when a member is in
attendance at any other committee, subcommittee, or conference
committee meeting during that time, the necessary absence of
that member shall be so noted in the record vote record, upon
timely notification to the Chairman by that member.
(e) The Chairman of the Committee or a subcommittee, as
appropriate, with the concurrence of the Ranking Minority
Member or the most senior Minority member who is present at the
time, may elect to postpone requested record votes until such
time or point at a mark-up as is mutually decided. When
proceedings resume on a postponed question, notwithstanding any
intervening order for the previous question, the underlying
proposition shall remain subject to further debate or amendment
to the same extent as when the question was postponed.
Rule 18.--Committee Reports
(a) If, at the time of approval of any measure or matter by
the Committee, any member of the Committee gives timely notice
of intention to file supplemental, Minority, additional or
dissenting views, that member shall be entitled to not less
than two calendar days (excluding Saturdays, Sundays, and legal
holidays except when the House is in session on such days) in
which to file such views, in writing and signed by that member,
with the staff director of the Committee. All such views so
filed by one or more members of the Committee shall be included
within, and shall be a part of, the report filed by the
Committee with respect to that measure or matter.
(b) With respect to each record vote on a motion to report
any measure or matter, and on any amendment offered to the
measure or matter, the total number of votes cast for and
against, the names of those voting for and against, and a brief
description of the question, shall be included in the committee
report on the measure or matter.
Rule 19.--Public Inspection of Committee Rollcalls
The result of each record vote in any meeting of the
Committee shall be made available by the Committee for
inspection by the public at reasonable times in the offices of
the Committee. Information so available for public inspection
shall include a description of the amendment, motion, order, or
other proposition and the name of each member voting for and
each member voting against such amendment, motion, order, or
proposition and the names of those members present but not
voting.
Rule 20.--Protection of National Security Information
(a) Except as provided in clause 2(g) of rule XI of the
Rules of the House of Representatives, all national security
information bearing a classification of secret or higher which
has been received by the Committee or a subcommittee shall be
deemed to have been received in executive session and shall be
given appropriate safekeeping.
(b) The Chairman of the Committee shall, with the approval
of a majority of the Committee, establish such procedures as in
his judgment may be necessary to prevent the unauthorized
disclosure of any national security information received
classified as secret or higher. Such procedures shall, however,
ensure access to this information by any member of the
Committee or any other Member, Delegate, or Resident
Commissioner of the House of Representatives, staff of the
Committee, or staff designated under rule 9(c) who have the
appropriate security clearances and the need to know, who has
requested the opportunity to review such material.
Rule 21.--Committee Staffing
The staffing of the Committee, the standing subcommittees,
and any panel or task force designated by the Chairman or
chairmen of the subcommittees shall be subject to the rules of
the House of Representatives.
Rule 22.--Committee Records
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.
Rule 23.--Hearing Procedures
Clause 2(k) of rule XI of the Rules of the House of
Representatives shall apply to the Committee.
Committee on the Budget
JOHN M. SPRATT, Jr., South
Carolina, Chairman
PAUL RYAN, Wisconsin, ROSA L. DeLAURO, Connecticut,
Ranking Member Vice Chair
JO BONNER, Alabama CHET EDWARDS, Texas
SCOTT GARRETT, New Jersey JIM COOPER, Tennessee
J. GRESHAM BARRETT, THOMAS H. ALLEN, Maine
South Carolina ALLYSON Y. SCHWARTZ, Pennsylvania
MARIO DIAZ-BALART, Florida MARCY KAPTUR, Ohio
JEB HENSARLING, Texas XAVIER BECERRA, California
DANIEL E. LUNGREN, California LLOYD DOGGETT, Texas
MICHAEL K. SIMPSON, Idaho EARL BLUMENAUER, Oregon
PATRICK T. McHENRY, North Carolina MARION BERRY, Arkansas
CONNIE MACK, Florida ALLEN BOYD, Florida
K. MICHAEL CONAWAY, Texas JAMES P. McGOVERN, Massachusetts
JOHN CAMPBELL, California ROBERT E. ANDREWS, New Jersey
PATRICK J. TIBERI, Ohio ROBERT C. ``BOBBY'' SCOTT,
JON C. PORTER, Nevada Virginia
RODNEY ALEXANDER, Louisiana BOB ETHERIDGE, North Carolina
ADRIAN SMITH, Nebraska DARLENE HOOLEY, Oregon
[VACANCY]* BRIAN BAIRD, Washington
DENNIS MOORE, Kansas
TIMOTHY H. BISHOP, New York
GWEN MOORE, Wisconsin**
[VACANCY]***
----------
*Vacancy created by the resignation of Rep. Thaddeus McCotter on May
15, 2007.
**Appointed to the Budget Committee on March 19, 2007, filling a
vacancy created by the February 16, 2007 resignation of Rep. Lois
Capps.
***Vacancy created by the resignation of Rep. Betty Sutton on July 12,
2007.
(Adopted January 18, 2007)
GENERAL APPLICABILITY
Rule 1.--Applicability of House Rules
Except as otherwise specified herein, the Rules of the
House are the rules of the committee so far as applicable,
except that a motion to recess from day to day is a motion of
high privilege.
MEETINGS
Rule 2.--Regular Meetings
(a) The regular meeting day of the committee shall be the
second Wednesday of each month at 11 a.m., while the House is
in session.
(b) The chairman is authorized to dispense with a regular
meeting when the chairman determines there is no business to be
considered by the committee. The chairman shall give written
notice to that effect to each member of the committee as far in
advance of the regular meeting day as the circumstances permit.
(c) Regular meetings shall be canceled when they conflict
with meetings of either party's caucus or conference.
Rule 3.--Additional and Special Meetings
(a) The chairman may call and convene additional meetings
of the committee as the chairman considers necessary, or
special meetings at the request of a majority of the members of
the committee in accordance with House rule XI, clause 2(c).
(b) In the absence of exceptional circumstances, the
chairman shall provide written notice of additional meetings to
the office of each member at least 24 hours in advance while
Congress is in session, and at least 3 days in advance when
Congress is not in session.
Rule 4.--Open Business Meetings
(a) Each meeting for the transaction of committee business,
including the markup of measures, shall be open to the public
except when the committee, in open session and with a quorum
present, determines by roll call vote that all or part of the
remainder of the meeting on that day shall be closed to the
public in accordance with House rule XI, clause 2(g)(1).
(b) No person other than members of the committee and such
congressional staff and departmental representatives as the
committee may authorize shall be present at any business or
markup session which has been closed to the public.
Rule 5.--Quorums
A majority of the committee shall constitute a quorum. No
business shall be transacted and no measure or recommendation
shall be reported unless a quorum is actually present.
Rule 6.--Recognition
Any member, when recognized by the chairman, may address
the committee on any bill, motion, or other matter under
consideration before the committee. The time of such member
shall be limited to 5 minutes until all members present have
been afforded an opportunity to comment.
Rule 7.--Consideration of Business
Measures or matters may be placed before the committee, for
its consideration, by the chairman or by a majority vote of the
members of the committee, a quorum being present.
Rule 8.--Availability of Legislation
The committee shall consider no bill, joint resolution, or
concurrent resolution unless copies of the measure have been
made available to all committee members at least [4] 6 hours
prior to the time at which such measure is to be considered.
When considering concurrent resolutions on the budget, this
requirement shall be satisfied by making available copies of
the complete chairman's mark (or such material as will provide
the basis for committee consideration). The provisions of this
rule may be suspended with the concurrence of the chairman and
ranking minority member.
Rule 9.--Procedure for Consideration of Budget Resolution
(a) It shall be the policy of the committee that the
starting point for any deliberations on a concurrent resolution
on the budget should be the estimated or actual levels for the
fiscal year preceding the budget year.
(b) In the consideration of a concurrent resolution on the
budget, the committee shall first proceed, unless otherwise
determined by the committee, to consider budget aggregates,
functional categories, and other appropriate matters on a
tentative basis, with the document before the committee open to
amendment. Subsequent amendments may be offered to aggregates,
functional categories, or other appropriate matters, which have
already been amended in their entirety.
(c) Following adoption of the aggregates, functional
categories, and other matters, the text of a concurrent
resolution on the budget incorporating such aggregates,
functional categories, and other appropriate matters shall be
considered for amendment and a final vote.
Rule 10.--Rollcall Votes
A rollcall of the members may be had upon the request of at
least one-fifth of those present. In the apparent absence of a
quorum, a rollcall may be had on the request of any member.
HEARINGS
Rule 11.--Announcement of Hearings
The chairman shall make a public announcement of the date,
place, and subject matter of any committee hearing at least 1
week before the hearing, beginning with the day in which the
announcement is made and ending the day preceding the scheduled
hearing unless the chairman, with the concurrence of the
ranking minority member, or the committee by majority vote with
a quorum present for the transaction of business, determines
there is good cause to begin the hearing sooner, in which case
the chairman shall make the announcement at the earliest
possible date.
Rule 12.--Open Hearings
(a) Each hearing conducted by the committee or any of its
task forces shall be open to the public except when the
committee or task force, in open session and with a quorum
present, determines by roll call vote that all or part of the
remainder of that hearing on that day shall be closed to the
public because disclosure of testimony, evidence, or other
matters to be considered would endanger the national security,
or would compromise sensitive law enforcement information, or
would tend to defame, degrade, or incriminate any person, or
would violate any law or rule of the House of Representatives.
The committee or task forces may by the same procedure vote to
close one subsequent day of hearing.
(b) For the purposes of House rule XI, clause 2(g)(2), the
task forces of the committee are considered to be
subcommittees.
Rule 13.--Quorums
For the purpose of hearing testimony, not less than two
members of the committee shall constitute a quorum.
Rule 14.--Questioning Witnesses
(a) Questioning of witnesses will be conducted under the 5-
minute rule unless the committee adopts a motion pursuant to
House rule XI clause 2(j).
(b) In questioning witnesses under the 5-minute rule:
(1) First, the chairman and the ranking minority
member shall be recognized;
(2) Next, the members present at the time the hearing
is called to order shall be recognized in order of
seniority; and
(3) Finally, members not present at the time the
hearing is called to order may be recognized in the
order of their arrival 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 the members of the majority.
Rule 15.--Subpoenas and Oaths
(a) In accordance with House rule XI, clause 2(m) subpoenas
authorized by a majority of the committee may be issued over
the signature of the chairman or of any member of the committee
designated by him, and may be served by any person designated
by the chairman or such member.
(b) The chairman, or any member of the committee designated
by the chairman, may administer oaths to witnesses.
Rule 16.--Witnesses' Statements
(a) So far as practicable, any prepared statement to be
presented by a witness shall be submitted to the committee at
least 24 hours in advance of presentation, and shall be
distributed to all members of the committee in advance of
presentation.
(b) To the greatest extent possible, each witness appearing
in a nongovernmental capacity shall include with the written
statement of proposed testimony a curriculum vitae and a
disclosure of the amount and source (by agency and program) of
any Federal grant (or sub-grant thereof) or contract (or
subcontract thereof) received during the current fiscal year or
either of the two preceding fiscal years.
PRINTS AND PUBLICATIONS
Rule 17.--Committee Prints
All committee prints and other materials prepared for
public distribution shall be approved by the committee prior to
any distribution, unless such print or other material shows
clearly on its face that it has not been approved by the
committee.
Rule 18.--Committee Publications on the Internet
To the maximum extent feasible, the committee shall make
its publications available in electronic form.
STAFF
Rule 19.--Committee Staff
(a) Subject to approval by the committee, and to the
provisions of the following paragraphs, the professional and
clerical staff of the committee shall be appointed, and may be
removed, by the chairman.
(b) Committee staff shall not be assigned any duties other
than those pertaining to committee business, and shall be
selected without regard to race, creed, sex, or age, and solely
on the basis of fitness to perform the duties of their
respective positions.
(c) All committee staff shall be entitled to equitable
treatment, including comparable salaries, facilities, access to
official committee records, leave, and hours of work.
(d) Notwithstanding paragraphs a, b, and c, staff shall be
employed in compliance with House rules, the Employment and
Accountability Act, the Fair Labor Standards Act of 1938, and
any other applicable Federal statutes.
Rule 20.--Staff Supervision
(a) Staff shall be under the general supervision and
direction of the chairman, who shall establish and assign their
duties and responsibilities, delegate such authority as he
deems appropriate, fix and adjust staff salaries (in accordance
with House rule X, clause 9(c)) and job titles, and, at his
discretion, arrange for their specialized training.
(b) Staff assigned to the minority shall be under the
general supervision and direction of the minority members of
the committee, who may delegate such authority, as they deem
appropriate.
RECORDS
Rule 21.--Preparation and Maintenance of Committee Records
(a) A substantially verbatim account of remarks actually
made during the proceedings shall be made of all hearings and
business meetings subject only to technical, grammatical, and
typographical corrections.
(b) The proceedings of the committee shall be recorded in a
journal, which shall among other things, include a record of
the votes on any question on which a record vote is demanded.
(c) Members of the committee shall correct and return
transcripts of hearings as soon as practicable after receipt
thereof, except that any changes shall be limited to technical,
grammatical, and typographical corrections.
(d) Any witness may examine the transcript of his own
testimony and make grammatical, technical, and typographical
corrections.
(e) The chairman may order the printing of a hearing record
without the corrections of any member or witness if he
determines that such member or witness has been afforded a
reasonable time for correction, and that further delay would
seriously impede the committee's responsibility for meeting its
deadlines under the Congressional Budget Act of 1974.
(f) Transcripts of hearings and meetings may be printed if
the chairman decides it is appropriate, or if a majority of the
members so request.
Rule 22.--Access to Committee Records
(a)(1) The chairman shall promulgate regulations to provide
for public inspection of roll call votes and to provide access
by members to committee records (in accordance with House rule
XI, clause 2(e)).
(2) Access to classified testimony and information shall be
limited to Members of Congress and to House Budget Committee
staff and staff of the Office of Official Reporters who have
appropriate security clearance.
(3) Notice of the receipt of such information shall be sent
to the committee members. Such information shall be kept in the
committee safe, and shall be available to members in the
committee office.
(b) 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 the rule, 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.
OVERSIGHT
Rule 23.--General Oversight
(a) The committee shall review and study, on a continuing
basis, the application, administration, execution, and
effectiveness of those laws, or parts of laws, the subject of
which is within its jurisdiction.
(b) The committee is authorized at any time to conduct such
investigations and studies as it may consider necessary or
appropriate in the exercise of its responsibilities under
clause (1)(d) of rule X of the Rules of the House, and, subject
to the adoption of expense resolutions as required by clause 6
of rule X, to incur expenses (including travel expenses) in
connection therewith.
(c) Not later than February 15 of the first session of a
Congress, the committee shall meet in open session, with a
quorum present, to adopt its oversight plans for that Congress
for submission to the Committee on House Administration and the
Committee on Government Reform in accordance with the
provisions of clause (2)(d) of House rule X.
REPORTS
Rule 24.--Availability Before Filing
(a) Any report accompanying any bill or resolution ordered
reported to the House by the committee shall be available to
all committee members at least 36 hours prior to filing with
the House.
(b) No material change shall be made in any report made
available to members pursuant to section (a) without the
concurrence of the ranking minority member or by a majority
vote of the committee.
(c) Notwithstanding any other rule of the committee, either
or both subsections (a) and (b) may be waived by the chairman
or with a majority vote by the committee.
Rule 25.--Report on the Budget Resolution
The report of the committee to accompany a concurrent
resolution on the budget shall include a comparison of the
estimated or actual levels for the year preceding the budget
year with the proposed spending and revenue levels for the
budget year and each out year along with the appropriate
percentage increase or decrease for each budget function and
aggregate. The report shall include any roll call vote on any
motion to amend or report any measure.
Rule 26.--Parliamentarian's Status Report and Section 302 Status Report
(a)(1) In order to carry out its duty under sections 311
and 312 of the Congressional Budget Act to advise the House of
Representatives as to the current level of spending and
revenues as compared to the levels set forth in the latest
agreed-upon concurrent resolution on the budget, the committee
shall advise the Speaker on at least a monthly basis when the
House is in session as to its estimate of the current level of
spending and revenue. Such estimates shall be prepared by the
staff of the committee, transmitted to the Speaker in the form
of a Parliamentarian's Status Report, and printed in the
Congressional Record.
(2) The committee authorizes the chairman, in consultation
with the ranking minority member, to transmit to the Speaker
the Parliamentarian's Status Report described above.
(b)(1) In order to carry out its duty under sections 302
and 312 of the Congressional Budget Act to advise the House of
Representatives as to the current level of spending within the
jurisdiction of committees as compared to the appropriate
allocations made pursuant to the Budget Act in conformity with
the latest agreed-upon concurrent resolution on the budget, the
committee shall, as necessary, advise the Speaker as to its
estimate of the current level of spending within the
jurisdiction of appropriate committees. Such estimates shall be
prepared by the staff of the committee and transmitted to the
Speaker in the form of a Section 302 Status Report.
(2) The committee authorizes the chairman, in consultation
with the ranking minority member, to transmit to the Speaker
the Section 302 Status Report described above.
Rule 27.--Activity Report
After an adjournment of the last regular session of a
Congress sine die, the Chair of the committee may file any time
with the Clerk the committee's activity report for that
Congress pursuant to clause (1)(d)(1) of rule XI of the Rules
of the House without the approval of the committee, if a copy
of the report has been available to each member of the
committee for at least seven calendar days and the report
includes any supplemental, minority, or additional views
submitted by a member of the committee.
MISCELLANEOUS
Rule 28.--Broadcasting of Meetings and Hearings
(a) It shall be the policy of the committee to give all
news media access to open hearings of the committee, subject to
the requirements and limitations set forth in House rule XI,
clause 4.
(b) Whenever any committee business meeting is open to the
public, that meeting may be covered, in whole or in part, by
television broadcast, radio broadcast, still photography, or by
any of such methods of coverage, in accordance with House rule
XI, clause 4.
Rule 29.--Appointment of Conferees
(a) Majority party members recommended to the Speaker as
conferees shall be recommended by the chairman subject to the
approval of the majority party members of the committee.
(b) The chairman shall recommend such minority party
members as conferees as shall be determined by the minority
party; the recommended party representation shall be in
approximately the same proportion as that in the committee.
Rule 30.--Waivers
When a reported bill or joint resolution, conference
report, or anticipated floor amendment violates any provision
of the Congressional Budget Act of 1974, the chairman may, if
practical, consult with the committee members on whether the
chairman should recommend, in writing, that the Committee on
Rules report a special rule that enforces the Act by not
waiving the applicable points of order during the consideration
of such measure.
Committee on Education and Labor
GEORGE MILLER, California,
Chairman
HOWARD P. ``BUCK'' McKEON, DALE E. KILDEE, Michigan
California, Ranking Member DONALD M. PAYNE, New Jersey
THOMAS E. PETRI, Wisconsin ROBERT E. ANDREWS, New Jersey
PETER HOEKSTRA, Michigan ROBERT C. ``BOBBY'' SCOTT,
MICHAEL N. CASTLE, Delaware Virginia
MARK E. SOUDER, Indiana LYNN C. WOOLSEY, California
VERNON J. EHLERS, Michigan RUBEN HINOJOSA, Texas
JUDY BIGGERT, Illinois CAROLYN McCARTHY, New York
TODD RUSSELL PLATTS, Pennsylvania JOHN F. TIERNEY, Massachusetts
RIC KELLER, Florida DENNIS J. KUCINICH, Ohio
JOE WILSON, South Carolina DAVID WU, Oregon
JOHN KLINE, Minnesota RUSH D. HOLT, New Jersey
CATHY McMORRIS RODGERS, SUSAN A. DAVIS, California
Washington DANNY K. DAVIS, Illinois
KENNY MARCHANT, Texas RAUL M. GRIJALVA, Arizona
TOM PRICE, Georgia TIMOTHY H. BISHOP, New York
LUIS G. FORTUNO, Puerto Rico LINDA T. SANCHEZ, California
CHARLES W. BOUSTANY, Jr., JOHN P. SARBANES, Maryland
Louisiana JOE SESTAK, Pennsylvania
VIRGINIA FOXX, North Carolina DAVID LOEBSACK, Iowa
JOHN R. ``RANDY'' KUHL, Jr., New YorkMAZIE K. HIRONO, Hawaii
ROB BISHOP, Utah JASON ALTMIRE, Pennsylvania
DAVID DAVIS, Tennessee JOHN A. YARMUTH, Kentucky
TIMOTHY WALBERG, Michigan PHIL HARE, Illinois
DEAN HELLER, Nevada* YVETTE D. CLARKE, New York
JOE COURTNEY, Connecticut
CAROL SHEA-PORTER, New Hampshire
----------
*Appointed to the Education and Labor Committee on March 12, 2007,
filling a vacancy created by the March 9, 2007 resignation of Rep. Bob
Inglis.
(Adopted January 24, 2007)
Rule 1.--Regular, Additional, and Special Meetings: Vice Chairman
(a) Regular meetings of the Committee shall be held on the
second Wednesday of each month at 9:30 a.m., while the House is
in session. When the Chairman believes that the Committee will
not be considering any bill or resolution before the Committee
and that there is no other business to be transacted at a
regular meeting, he will give each member of the Committee, as
far in advance of the day of the regular meeting as the
circumstances make practicable, a written notice to that
effect; and no regular Committee meeting shall be held on that
day.
(b) The Chairman 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 for such purposes pursuant to that call of
the Chairman.
(c) If at least three members of the Committee desire that
a special meeting of the Committee be called by the Chairman,
those members may file in the offices of the Committee their
written request to the Chairman for that special meeting.
Immediately upon the filing of the request, the staff director
of the Committee shall notify the Chairman of the filing of the
request. If, within three calendar days after the filing of the
request, the Chairman does not call the requested special
meeting to be held within seven calendar days after the filing
of the request, a majority of the members of the Committee may
file in the offices of the Committee their written notice that
a special meeting of the Committee will be held, specifying the
date and hour thereof, and the measure or matter to be
considered at that special meeting. The Committee shall meet on
that date and hour. Immediately upon the filing of the notice,
the staff director of the Committee shall notify all members of
the Committee that such meeting will be held and inform them of
its date and hour and the measure or matter to be considered;
and only the measure or matter specified in that notice may be
considered at that special meeting.
(d) Legislative meetings of the Committee and its
subcommittees shall be open to the public, including radio,
television and still photography coverage, unless such meetings
are closed pursuant to the requirements of House Rules. No
business meeting of the Committee, other than regularly
scheduled meetings, may be held without each member being given
reasonable notice.
(e) The Chairman of the Committee or of a subcommittee, as
appropriate, shall preside at meetings or hearings, or, in the
absence of the Chairman, the vice chairman, or the Chairman's
designee shall preside.
Rule 2.--Questioning of Witnesses
(a) Subject to clauses (b) and (c), Committee members may
question witnesses only when they have been recognized by the
Chairman for that purpose, and only for a 5-minute period until
all members present have had an opportunity to question a
witness. The questioning of witnesses in both Committee and
subcommittee hearings shall be initiated by the Chairman,
followed by the ranking minority party member and all other
members alternating between the majority and minority party.
The Chairman shall exercise discretion in determining the order
in which members will be recognized. In recognizing members to
question witnesses in this fashion, the Chairman shall take
into consideration the ratio of the majority to minority party
members present and shall establish the order of recognition
for questioning in such a manner as not to place the members of
the majority party in a disadvantageous position.
(b) The Chairman may permit a specified number of members
to question a witness for longer than five minutes. The time
for extended questioning of a witness under this clause shall
be equal for the majority party and the minority party and may
not exceed one hour in the aggregate.
(c) The Chairman may permit Committee staff for the
majority and the minority party members to question a witness
for equal specified periods. The time for extended questioning
of a witness under this clause shall be equal for the majority
party and the minority party and may not exceed one hour in the
aggregate.
Rule 3.--Records and Rollcalls
(a) Written records shall be kept of the proceedings of the
Committee and of each subcommittee, including a record of the
votes on any question on which a roll call is demanded. The
result of each such roll call vote shall be made available by
the Committee or subcommittee for inspection by the public at
reasonable times in the offices of the Committee or
subcommittee. Information so available for public inspection
shall include a description of the amendment, motion, order, or
other proposition and the name of each member voting for and
each member voting against such amendment, motion, order, or
proposition, and the names of those members present but not
voting. A record vote may be demanded by one-fifth of the
members present or, in the apparent absence of a quorum, by any
one member.
(b) In accordance with rule VII of the Rules of the House
of Representatives, any official permanent record of the
Committee (including any record of a legislative, oversight, or
other activity of the Committee or any subcommittee) shall be
made available for public use if such record has been in
existence for 30 years, except that--
(1) any record that the Committee (or a subcommittee)
makes available for public use before such record is
delivered to the Archivist under clause 2 of rule VII
of the Rules of the House of Representatives shall be
made available immediately, including any record
described in subsection (a) of this rule;
(2) any investigative record that contains personal
data relating to a specific living individual (the
disclosure of which would be an unwarranted invasion of
personal privacy), any administrative record with
respect to personnel, and any record with respect to a
hearing closed pursuant to clause 2(g)(2) of rule XI of
the Rules of the House of Representatives shall be
available if such record has been in existence for 50
years; or
(3) except as otherwise provided by order of the
House, any record of the Committee for which a time,
schedule, or condition for availability is specified by
order of the Committee (entered during the Congress in
which the record is made or acquired by the Committee)
shall be made available in accordance with the order of
the Committee.
(c) The official permanent records of the Committee include
noncurrent records of the Committee (including subcommittees)
delivered by the Clerk of the House of Representatives to the
Archivist of the United States for preservation at the National
Archives and Records Administration, which are the property of
and remain subject to the rules and orders of the House of
Representatives.
(d)(1) Any order of the Committee with respect to any
matter described in paragraph (2) of this subsection shall be
adopted only if the notice requirements of Committee rule 17(c)
have been met, a quorum consisting of a majority of the members
of the Committee is present at the time of the vote, and a
majority of those present and voting approve the adoption of
the order, which shall be submitted to the Clerk of the House
of Representatives, together with any accompanying report.
(2) This subsection applies to any order of the Committee
which--(A) provides for the non-availability of any record
subject to subsection (b) of this rule for a period longer than
the period otherwise applicable; or
(B) is subsequent to, and constitutes a later order under
clause 4(b) of rule VII of the Rules of the House of
Representatives, regarding a determination of the Clerk of the
House of Representatives with respect to authorizing the
Archivist of the United States to make available for public use
the records delivered to the Archivist under clause 2 of rule
VII of the Rules of the House of Representatives; or
(C) specifies a time, schedule, or condition for
availability pursuant to subsection (b) (3) of this rule.
Rule 4.--Standing Subcommittees and Jurisdiction
(a) There shall be five standing subcommittees. In addition
to the conducting oversight in the area of their respective
jurisdictions as required in clause 2 of House rule X, each
subcommittee shall have the following jurisdictions:
Subcommittee on Early Childhood, Elementary and
Secondary Education.--Including education from early
learning through the high school level including, but
not limited to, elementary and secondary education,
education of the disabled, the homeless and migrant and
agricultural labor. Also including school construction,
overseas dependent schools, career and technical
training, school safety and alcohol and drug abuse
prevention, educational research and improvement,
including the Institute of Education Sciences; and
early care and education programs and early learning
programs, including the Head Start Act and the Child
Care and Development Block Grant Act.
Subcommittee on Higher Education, Lifelong Learning
and Competitiveness.--Education and training beyond the
high school level including, but not limited to higher
education generally, postsecondary student assistance
and employment services, the Higher Education Act;
postsecondary career and technical education, training
and apprenticeship including the Workforce Investment
Act, displaced homemakers, adult basic education
(family literacy), rehabilitation, professional
development, and training programs from immigration
funding; pre-service and in-service teacher training,
including Title II of the Elementary and Secondary
Education Act and Title II of the Higher Education Act;
science and technology programs; affirmative action in
higher education; Title IX of the Education Amendments
of 1972; all welfare reform programs including, work
incentive programs, welfare-to-work requirements; the
Native American Programs Act, the Robert A. Taft
Institute, and Institute for Peace.
Subcommittee on Healthy Families and Communities.--
Adolescent development and training programs, including
but not limited to those providing for the care and
treatment of certain at risk youth, including the
Juvenile Justice and Delinquency Prevention Act and the
Runaway and Homeless Youth Act; all matters dealing
with child abuse and domestic violence, including the
Child Abuse Prevention and Treatment Act, and child
adoption; school lunch and child nutrition, poverty
programs including the Community Services Block Grant
Act, and the Low Income Home Energy Assistance Program
(LIHEAP); all matters dealing with programs and
services for the elderly, including nutrition programs
and the Older Americans Act; environmental education;
all domestic volunteer programs; library services and
construction, and programs related to the arts and
humanities, museum services, and arts and artifacts
indemnity.
Subcommittee on Workforce Protections.--Wages and
hours of labor including, but not limited to, Davis-
Bacon Act, Walsh-Healey Act, Fair Labor Standards Act,
workers' compensation including, Longshore and Harbor
Workers' Compensation Act, Federal Employees'
Compensation Act, Migrant and Seasonal Agricultural
Worker Protection Act, Service Contract Act, Family and
Medical Leave Act, Worker Adjustment and Retraining
Notification Act, including training for dislocated
workers, Employee Polygraph Protection Act of 1988,
trade and immigration issues as they impact employers
and workers, and workers' health and safety including,
but not limited to, occupational safety and health,
mine health and safety, youth camp safety, and migrant
and agricultural labor health and safety.
Subcommittee on Health, Employment, Labor and
Pensions.--All matters dealing with relationships
between employers and workers generally including, but
not limited to, the National Labor Relations Act, Labor
Management Relations Act, Labor-Management Reporting
and Disclosure Act, Bureau of Labor Statistics,
employment-related retirement security, including
pension, health and other employee benefits, the
Employee Retirement Income Security Act (ERISA); all
matters related to equal employment opportunity and
civil rights in employment, including affirmative
action.
(b) The majority party members of the Committee may provide
for such temporary, ad hoc subcommittees as determined to be
appropriate.
Rule 5.--Ex Officio Membership
The Chairman of the Committee and the ranking minority
party member shall be ex officio members, but not voting
members, of each subcommittee to which such Chairman or ranking
minority party member has not been assigned.
Rule 6.--Special Assignment of Members
To facilitate the oversight and other legislative and
investigative activities of the Committee, the Chairman of the
Committee may, at the request of a subcommittee chairman, make
a temporary assignment of any member of the Committee to such
subcommittee for the purpose of constituting a quorum and of
enabling such member to participate in any public hearing,
investigation, or study by such subcommittee to be held outside
of Washington, DC. Any member of the Committee may attend
public hearings of any subcommittee and any member of the
Committee may question witnesses only when they have been
recognized by the Chairman for that purpose.
Rule 7.--Subcommittee Scheduling
Subcommittee chairmen shall set meeting dates after
consultation with the Chairman and other subcommittee chairmen
with a view toward avoiding simultaneous scheduling of
Committee and subcommittee meetings or hearings, wherever
possible. Available dates for subcommittee meetings during the
session shall be assigned by the Chairman to the subcommittees
as nearly as practicable in rotation and in accordance with
their workloads. As far as practicable, the Chairman shall not
schedule simultaneous subcommittee markups, a subcommittee
markup during a full Committee markup, or any hearing during a
markup.
Rule 8.--Subcommittee Rules
The rules of the Committee shall be the rules of its
subcommittees.
Rule 9.--Committee Staff
(a) The employees of the Committee shall be appointed by
the Chairman in consultation with subcommittee chairmen and
other majority party members of the Committee within the budget
approved for such purposes by the Committee.
(b) The staff appointed by the minority shall have their
remuneration determined in such manner as the minority party
members of the Committee shall determine within the budget
approved for such purposes by the Committee.
Rule 10.--Supervision and Duties of Committee Staff
The staff of the Committee shall be under the general
supervision and direction of the Chairman, who shall establish
and assign the duties and responsibilities of such staff
members and delegate authority as he determines appropriate.
The staff appointed by the minority shall be under the general
supervision and direction of the minority party members of the
Committee, who may delegate such authority as they determine
appropriate. All Committee staff shall be assigned to Committee
business and no other duties may be assigned to them.
Rule 11.--Hearings Procedure
(a) The Chairman, in the case of hearings to be conducted
by the Committee, and the appropriate subcommittee chairman, in
the case of hearings to be conducted by a subcommittee, shall
make public announcement of the date, place, and subject matter
of any hearing to be conducted on any measure or matter at
least one week before the commencement of that hearing unless
the Committee or subcommittee determines that there is good
cause to begin such hearing at an earlier date. In the latter
event, the Chairman or the subcommittee chairman, as the case
may be, shall make such public announcement at the earliest
possible date. To the extent practicable, the Chairman or the
subcommittee chairman shall make public announcement of the
final list of witnesses scheduled to testify at least 48 hours
before the commencement of the hearing. The staff director of
the Committee shall promptly notify the Daily Digest Clerk of
the Congressional Record as soon as possible after such public
announcement is made.
(b) All opening statements at hearings conducted by the
Committee or any subcommittee will be made part of the
permanent written record. Opening statements by members may not
be presented orally, unless the Chairman of the Committee or
any subcommittee determines that one statement from the
Chairman or a designee will be presented, in which case the
ranking minority party member or a designee may also make a
statement. If a witness scheduled to testify at any hearing of
the Committee or any subcommittee is a constituent of a member
of the Committee or subcommittee, such member shall be entitled
to introduce such witness at the hearing.
(c) To the extent practicable, witnesses who are to appear
before the Committee or a subcommittee shall file with the
staff director of the Committee, at least 48 hours in advance
of their appearance, a written statement of their proposed
testimony, together with a brief summary thereof, and shall
limit their oral presentation to a summary thereof. The staff
director of the Committee shall promptly furnish to the staff
director of the minority a copy of such testimony submitted to
the Committee pursuant to this rule.
(d) When any hearing is conducted by the Committee or any
subcommittee upon any measure or matter, the minority party
members on the Committee shall be entitled, upon request to the
Chairman by a majority of those minority party members before
the completion of such hearing, to call witnesses selected by
the minority to testify with respect to that measure or matter
during at least one day of hearing thereon. The minority party
may waive this right by calling at least one witness during a
Committee hearing or subcommittee hearing.
Rule 12.--Meetings--Hearings--Quorum
(a) Subcommittees are authorized to hold hearings, receive
exhibits, hear witnesses, and report to the Committee for final
action, together with such recommendations as may be agreed
upon by the subcommittee. No such meetings or hearings,
however, shall be held outside of Washington, DC, or during a
recess or adjournment of the House without the prior
authorization of the Committee Chairman. Where feasible and
practicable, 14 days' notice will be given of such meeting or
hearing.
(b) One-third of the members of the Committee or
subcommittee shall constitute a quorum for taking any action
other than amending Committee rules, closing a meeting from the
public, reporting a measure or recommendation, or in the case
of the Committee or a subcommittee authorizing a subpoena. For
the enumerated actions, a majority of the Committee or
subcommittee shall constitute a quorum. Any two members shall
constitute a quorum for the purpose of taking testimony and
receiving evidence.
(c) When a bill or resolution is being considered by the
Committee or a subcommittee, members shall provide the clerk in
a timely manner a sufficient number of written copies of any
amendment offered, so as to enable each member present to
receive a copy thereof prior to taking action. A point of order
may be made against any amendment not reduced to writing. A
copy of each such amendment shall be maintained in the public
records of the Committee or subcommittee, as the case may be.
(d) In the conduct of hearings of subcommittees sitting
jointly, the rules otherwise applicable to all subcommittees
shall likewise apply to joint subcommittee hearings for
purposes of such shared consideration.
(e) No person other than a Member of Congress or
Congressional staff may walk in, stand in, or be seated at the
rostrum area during a meeting or hearing of the Committee or
subcommittee unless authorized by the Chairman.
Rule 13.--Subpoena Authority
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. The Chairman shall notify the ranking minority
member prior to issuing any subpoena under such authority. To
the extent practicable, the Chairman shall consult with the
ranking minority member at least 24 hours in advance of a
subpoena being issued under such authority, excluding
Saturdays, Sundays, and federal holidays. As soon as
practicable after issuing any subpoena under such authority,
the Chairman shall notify in writing all members of the
Committee of the issuance of the subpoena.
Rule 14.--Reports of Subcommittees
(a) Whenever a subcommittee has ordered a bill, resolution,
or other matter to be reported to the Committee, the chairman
of the subcommittee reporting the bill, resolution, or matter
to the Committee, or any member authorized by the subcommittee
to do so, may report such bill, resolution, or matter to the
Committee. It shall be the duty of the chairman of the
subcommittee to report or cause to be reported promptly such
bill, resolution, or matter, and to take or cause to be taken
the necessary steps to bring such bill, resolution, or matter
to a vote.
(b) In any event, the report, described in the proviso in
subsection (d) of this rule, of any subcommittee on a measure
which has been approved by the subcommittee shall be filed
within seven calendar days (exclusive of days on which the
House is not in session) after the day on which there has been
filed with the staff director of the Committee a written
request, signed by a majority of the members of the
subcommittee, for the reporting of that measure. Upon the
filing of any such request, the staff director of the Committee
shall transmit immediately to the chairman of the subcommittee
a notice of the filing of that request.
(c) All Committee or subcommittee reports printed pursuant
to legislative study or investigation and not approved by a
majority vote of the Committee or subcommittee, as appropriate,
shall contain the following disclaimer on the cover of such
report:
This report has not been officially adopted by the
Committee on Education and Labor (or pertinent
subcommittee thereof) and therefore may not necessarily
reflect the views of its members.
The minority party members of the Committee or subcommittee
shall have three calendar days, excluding weekends and
holidays, to file, as part of the printed report, supplemental,
minority, or additional views.
(d) Bills, resolutions, or other matters favorably reported
by a subcommittee shall automatically be placed upon the agenda
of the Committee as of the time they are reported. No bill or
resolution or other matter reported by a subcommittee shall be
considered by the full Committee unless it has been delivered
or electronically sent to all members and notice of its prior
transmission has been in the hands of all members at least 48
hours prior to such consideration; a member of the Committee
shall receive, upon his or her request, a paper copy of such
bill, resolution, or other matter reported. When a bill is
reported from a subcommittee, such measure shall be accompanied
by a section-by-section analysis; and, if the Chairman of the
Committee so requires (in response to a request from the
ranking minority member of the Committee or for other reasons),
a comparison showing proposed changes in existing law.
(e) To the extent practicable, any report prepared pursuant
to a Committee or subcommittee study or investigation shall be
available to members no later than 48 hours prior to
consideration of any such report by the Committee or
subcommittee, as the case may be.
Rule 15.--Votes
(a) With respect to each roll call vote on a motion to
report any bill, resolution or matter of a public character,
and on any amendment offered thereto, the total number of votes
cast for and against, and the names of those members voting for
and against, shall be included in the Committee report on the
measure or matter.
(b) In accordance with clause 2(h) of House rule XI, the
Chairman of the Committee or a subcommittee is authorized to
postpone further proceedings when a record vote is ordered on
the question of approving a measure or matter or on adopting an
amendment. Such Chairman may resume proceedings on a postponed
request at any time after reasonable notice. 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.
(c) In determining the order in which amendments to a
matter pending before the committee will be considered, the
Chairman may give priority to:
(1) The Chairman's mark, and
(2) Amendments, otherwise in order, that have been
filed with the Committee at least 24 hours prior to the
Committee or subcommittee business meeting on said
measure or matter.
Rule 16.--Authorization for Travel
(a) Consistent with the primary expense resolution and such
additional expense resolutions as may have been approved; the
provisions of this rule shall govern travel of Committee
members and staff. Travel to be paid from funds set aside for
the full Committee for any member or any staff member shall be
paid only upon the prior authorization of the Chairman. Travel
may be authorized by the Chairman for any member and any staff
member in connection with the attendance of hearings conducted
by the Committee or any subcommittee thereof and meetings,
conferences, and investigations which involve activities or
subject matter under the general jurisdiction of the Committee.
The Chairman shall review travel requests to assure the
validity to Committee business. Before such authorization is
given, there shall be submitted to the Chairman in writing the
following:
(1) The purpose of the travel;
(2) The dates during which the travel is to be made
and the date or dates of the event for which the travel
is being made;
(3) The location of the event for which the travel is
to be made; and
(4) The names of members and staff seeking
authorization.
(b)(1) In the case of travel outside the United States of
members and staff of the Committee for the purpose of
conducting hearings, investigations, studies, or attending
meetings and conferences involving activities or subject matter
under the legislative assignment of the Committee or pertinent
subcommittees, prior authorization must be obtained from the
Chairman, or, in the case of a subcommittee, from the
subcommittee chairman and the Chairman. Before such
authorization is given, there shall be submitted to the
Chairman, in writing, a request for such authorization. Each
request, which shall be filed in a manner that allows for a
reasonable period of time for review before such travel is
scheduled to begin, shall include the following:
(A) The purpose of travel;
(B) The dates during which the travel will occur;
(C) The names of the countries to be visited and the
length of time to be spent in each;
(D) An agenda of anticipated activities for each
country for which travel is authorized together with a
description of the purpose to be served and the areas
of Committee jurisdiction involved; and
(E) The names of members and staff for whom
authorization is sought.
(2) Requests for travel outside the United States may be
initiated by the Chairman or the chairman of a subcommittee
(except that individuals may submit a request to the Chairman
for the purpose of attending a conference or meeting) and shall
be limited to members and permanent employees of the Committee.
(3) The Chairman shall not approve a request involving
travel outside the United States while the House is in session
(except in the case of attendance at meetings and conferences
or where circumstances warrant an exception).
(4) At the conclusion of any hearing, investigation, study,
meeting, or conference for which travel outside the United
States has been authorized pursuant to this rule, each
subcommittee (or members and staff attending meetings or
conferences) shall submit a written report to the Chairman
covering the activities of the subcommittee and containing the
results of these activities and other pertinent observations or
information gained as a result of such travel.
(c) Members and staff of the Committee performing
authorized travel on official business shall be governed by
applicable laws, resolutions, or regulations of the House and
of the Committee on House Administration pertaining to such
travel, including rules, procedures, and limitations prescribed
by the Committee on House Administration with respect to
domestic and foreign expense allowances.
(d) Prior to the Chairman's authorization for any travel,
the ranking minority party member shall be given a copy of the
written request therefor.
Rule 17.--Referral of Bills, Resolutions, and Other Matters
(a) The Chairman shall consult with subcommittee chairmen
regarding referral, to the appropriate subcommittees, of such
bills, resolutions, and other matters, which have been referred
to the Committee. Once printed copies of a bill, resolution, or
other matter are available to the Committee, the Chairman
shall, within three weeks of such availability, provide notice
of referral, if any, to the appropriate subcommittee.
(b) Referral to a subcommittee shall not be made until
three days shall have elapsed after written notification of
such proposed referral to all subcommittee chairmen, at which
time such proposed referral shall be made unless one or more
subcommittee chairmen shall have given written notice to the
Chairman of the full Committee and to the chairman of each
subcommittee that he [or she] intends to question such proposed
referral at the next regularly scheduled meeting of the
Committee, or at a special meeting of the Committee called for
that purpose, at which time referral shall be made by the
majority members of the Committee. All bills shall be referred
under this rule to the subcommittee of proper jurisdiction
without regard to whether the author is or is not a member of
the subcommittee. A bill, resolution, or other matter referred
to a subcommittee in accordance with this rule may be recalled
therefrom at any time by a vote of the majority members of the
Committee for the Committee's direct consideration or for
reference to another subcommittee.
(c) All members of the Committee shall be given at least 24
hours' notice prior to the direct consideration of any bill,
resolution, or other matter by the Committee; but this
requirement may be waived upon determination, by a majority of
the members voting, that emergency or urgent circumstances
require immediate consideration thereof.
Rule 18.--Committee Reports
(a) All Committee reports on bills or resolutions shall
comply with the provisions of clause 2 of rule XI and clauses
2, 3, and 4 of rule XIII of the Rules of the House of
Representatives.
(b) No such report shall be filed until copies of the
proposed report have been available to all members at least 36
hours prior to such filing in the House. No material change
shall be made in the report distributed to members unless
agreed to by majority vote; but any member or members of the
Committee may file, as part of the printed report, individual,
minority, or dissenting views, without regard to the preceding
provisions of this rule.
(c) Such 36-hour period shall not conclude earlier than the
end of the period provided under clause 4 of rule XIII of the
Rules of the House of Representatives after the Committee
approves a measure or matter if a member, at the time of such
approval, gives notice of intention to file supplemental,
minority, or additional views for inclusion as part of the
printed report.
(d) The report on activities of the Committee required
under clause 1 of rule XI of the Rules of the House of
Representatives shall include the following disclaimer in the
document transmitting the report to the Clerk of the House:
This report has not been officially adopted by the
Committee on Education and Labor or any subcommittee
thereof and therefore may not necessarily reflect the
views of its members.
Such disclaimer need not be included if the report was
circulated to all members of the Committee at least 7 days
prior to its submission to the House and provision is made for
the filing by any member, as part of the printed report, of
individual, minority, or dissenting views.
Rule 19.--Measures To Be Considered Under Suspension
A member of the Committee may not seek to suspend the Rules
of the House on any bill, resolution, or other matter which has
been modified after such measure is ordered reported, unless
notice of such action has been given to the Chairman and
ranking minority member of the full Committee.
Rule 20.--Budget and Expenses
(a) The Chairman in consultation with the majority party
members of the Committee shall prepare a preliminary budget.
Such budget shall include necessary amounts for staff
personnel, for necessary travel, investigation, and other
expenses of the committee; and, after consultation with the
minority party membership, the Chairman shall include amounts
budgeted to the minority party members for staff personnel to
be under the direction and supervision of the minority party,
travel expenses of minority party members and staff, and
minority party office expenses. All travel expenses of minority
party members and staff shall be paid for out of the amounts so
set aside and budgeted. The Chairman shall take whatever action
is necessary to have the budget as finally approved by the
Committee duly authorized by the House. After such budget shall
have been adopted, no change shall be made in such budget
unless approved by the Committee. The Chairman or the chairman
of any standing subcommittee may initiate necessary travel
requests as provided in rule 16 within the limits of their
portion of the consolidated budget as approved by the House,
and the Chairman may execute necessary vouchers therefor.
(b) Subject to the Rules of the House of Representatives
and procedures prescribed by the Committee on House
Administration, and with the prior authorization of the
Chairman of the Committee in each case, there may be expended
in any one session of Congress for necessary travel expenses of
witnesses attending hearings in Washington, DC:
(1) Out of funds budgeted and set aside for each
subcommittee, not to exceed $5,000 for expenses of
witnesses attending hearings of each such subcommittee;
(2) Out of funds budgeted for the full Committee
majority, not to exceed $5,000 for expenses of
witnesses attending full Committee hearings; and
(3) Out of funds set aside to the minority party
members,
(A) Not to exceed, for each of the
subcommittees, $5,000 for expenses of witnesses
attending subcommittee hearings, and
(B) Not to exceed $5,000 for expenses of
witnesses attending full Committee hearings.
(c) A full and detailed monthly report accounting for all
expenditures of Committee funds shall be maintained in the
Committee office, where it shall be available to each member of
the committee. Such report shall show the amount and purpose of
each expenditure, and the budget to which such expenditure is
attributed.
Rule 21.--Appointment of Conferees, Notice of Conference Meetings and
Conference Motion
(a) Whenever in the legislative process it becomes
necessary to appoint conferees, the Chairman shall recommend to
the Speaker as conferees the names of those members of the
subcommittee which handled the legislation in the order of
their seniority upon such subcommittee and such other Committee
members as the Chairman may designate with the approval of the
majority party members. Recommendations of the Chairman to the
Speaker shall provide a ratio of majority party members to
minority party members no less favorable to the majority party
than the ratio of majority members to minority party members on
the full committee. In making assignments of minority party
members as conferees, the Chairman shall consult with the
ranking minority party member of the Committee.
(b) After the appointment of conferees pursuant to clause
11 of rule I of the Rules of the House of Representatives for
matters within the jurisdiction of the Committee, the Chairman
shall notify all members appointed to the conference of
meetings at least 48 hours before the commencement of the
meeting. If such notice is not possible, then notice shall be
given as soon as possible.
(c) The Chairman is directed 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 22.--Broadcasting of Committee Hearings and Meetings
(a) Television, Radio and Still Photography.--(1) Whenever
a hearing or meeting conducted by the Committee or any
subcommittee is open to the public, those proceedings shall be
open to coverage by television, radio, and still photography
subject to the requirements of clause 4 of rule XI of the Rules
of the House of Representatives and except when the hearing or
meeting is closed pursuant to the Rules of the House of
Representatives and of the Committee. The coverage of any
hearing or meeting of the Committee or any subcommittee thereof
by television, radio, or still photography shall be under the
direct supervision of the Chairman of the Committee, the
subcommittee chairman, or other member of the Committee
presiding at such hearing or meeting and may be terminated by
such member in accordance with the Rules of the House.
(2) Personnel providing coverage by the television and
radio media shall be then currently accredited to the Radio and
Television Correspondents' Galleries.
(3) Personnel providing coverage by still photography shall
be then currently accredited to the Press Photographers'
Gallery.
(b) Internet Broadcast.--An open meeting or hearing of the
Committee or subcommittee may be covered and recorded, in whole
or in part, by Internet broadcast, unless such meeting or
hearing is closed pursuant to the Rules of the House and of the
Committee. Such coverage shall be fair and nonpartisan and in
accordance with clause 4(b) of House rule XI and other
applicable rules of the House of Representatives and of the
Committee. Members of the Committee shall have prompt access to
any recording of such coverage to the extent that such coverage
is maintained. Personnel providing such coverage shall be
employees of the House of Representatives or currently
accredited to the Radio and Television Correspondents'
Galleries.
Rule 23.--Changes in Committee Rules
The Committee shall not consider a proposed change in these
rules unless the text of such change has been delivered or
electronically sent to all members and notice of its prior
transmission has been in the hands of all members at least 48
hours prior to such consideration; a member of the Committee
shall receive, upon his or her request, a paper copy of the
proposed change.
Committee on Energy and Commerce
JOHN D. DINGELL, Michigan,
Chairman
JOE BARTON, Texas, HENRY A. WAXMAN, California
Ranking Member EDWARD J. MARKEY, Massachusetts
RALPH M. HALL, Texas RICK BOUCHER, Virginia
J. DENNIS HASTERT, Illinois EDOLPHUS TOWNS, New York
FRED UPTON, Michigan FRANK PALLONE, Jr., New Jersey
CLIFF STEARNS, Florida BART GORDON, Tennessee
NATHAN DEAL, Georgia BOBBY L. RUSH, Illinois
ED WHITFIELD, Kentucky ANNA G. ESHOO, California
BARBARA CUBIN, Wyoming BART STUPAK, Michigan
JOHN SHIMKUS, Illinois ELIOT L. ENGEL, New York
HEATHER WILSON, New Mexico ALBERT RUSSELL WYNN, Maryland
JOHN B. SHADEGG, Arizona GENE GREEN, Texas
CHARLES W. ``CHIP'' PICKERING, DIANA DeGETTE, Colorado, Vice
Mississippi Chairman
VITO FOSSELLA, New York LOIS CAPPS, California
STEVE BUYER, Indiana MICHAEL F. DOYLE, Pennsylvania
GEORGE RADANOVICH, California JANE HARMAN, California
JOSEPH R. PITTS, Pennsylvania THOMAS H. ALLEN, Maine
MARY BONO, California JANICE D. SCHAKOWSKY, Illinois
GREG WALDEN, Oregon HILDA L. SOLIS, California
LEE TERRY, Nebraska CHARLES A GONZALEZ, Texas
MIKE FERGUSON, New Jersey JAY INSLEE, Washington
MIKE ROGERS, Michigan TAMMY BALDWIN, Wisconsin
SUE WILKINS MYRICK, MIKE ROSS, Arkansas
North Carolina DARLENE HOOLEY, Oregon
JOHN SULLIVAN, Oklahoma* ANTHONY D. WEINER, New York
TIM MURPHY, Pennsylvania JIM MATHESON, Utah
MICHAEL C. BURGESS, Texas G.K. BUTTERFIELD, North Carolina
MARSHA BLACKBURN, Tennessee** CHARLIE MELANCON, Louisiana
JOHN BARROW, Georgia
BARON P. HILL, Indiana
----------
*Appointed to the Energy and Commerce Committee June 27, 2007.
**Appointed to the Energy and Commerce Committee on March 12, 2007,
filling a vacancy created by the death of Rep. Charlie Norwood on
February 13, 2007.
(Adopted January 10, 2007)
Rule 1.--General Provisions
(a) Rules of the Committee.--The Rules of the House are the
rules of the Committee on Energy and Commerce (hereinafter the
``Committee'') and its subcommittees so far as is 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 nondebatable
and privileged in the Committee and its subcommittees.
(b) Rules of the Subcommittees.--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.
Rule 2.--Time and Place of Meetings
(a) Regular Meeting Days.--The Committee shall meet on the
fourth Tuesday of each month at 10 a.m., for the consideration
of bills, resolutions, and other business, if the House is in
session on that day. If the House is not in session on that day
and the Committee has not met during such month, the Committee
shall meet at the earliest practicable opportunity when the
House is again in session. The chairman of the Committee may,
at his discretion, cancel, delay, or defer any meeting required
under this section, after consultation with the ranking
minority member.
(b) Additional Meetings.--The chairman 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 for such purposes
pursuant to that call of the chairman.
(c) Vice Chairmen; Presiding Member.--The chairman shall
designate a member of the majority party to serve as vice
chairman of the Committee, and shall designate a majority
member of each subcommittee to serve as vice chairman of each
subcommittee. The vice chairman of the Committee or
subcommittee, as the case may be, shall preside at any meeting
or hearing during the temporary absence of the chairman. If the
chairman and vice chairman of the Committee or subcommittee are
not present at any meeting or hearing, the ranking member of
the majority party who is present shall preside at the meeting
or hearing.
(d) Open Meetings and Hearings.--Except as provided by the
Rules of the House, each meeting of the Committee or any of its
subcommittees for the transaction of business, including the
markup of legislation, and each hearing, shall be open to the
public including to radio, television and still photography
coverage, consistent with the provisions of rule XI of the
Rules of the House.
Rule 3.--Agenda
The agenda for each Committee or subcommittee meeting
(other than a hearing), setting out the date, time, place, and
all items of business to be considered, shall be provided to
each member of the Committee at least 36 hours in advance of
such meeting.
Rule 4.--Procedure
(a)(1) Hearings.--The date, time, place, and subject matter
of any hearing of the Committee or any of its subcommittees
shall be announced at least one week in advance of the
commencement of such hearing, unless the Committee or
subcommittee determines in accordance with clause 2(g)(3) of
rule XI of the Rules of the House that there is good cause to
begin the hearing sooner.
(2)(A) Meetings.--The date, time, place, and subject matter
of any meeting (other than a hearing) scheduled on a Tuesday,
Wednesday, or Thursday when the House will be in session, shall
be announced at least 36 hours (exclusive of Saturdays,
Sundays, and legal holidays except when the House is in session
on such days) in advance of the commencement of such meeting.
(3) Motions.--Pursuant to clause 1(a)(2) of rule XI of the
Rules of the House, privileged motions to recess from day to
day, or recess subject to the call of the Chair (within 24
hours), and to dispense with the first reading (in full) of a
bill or resolution if printed copies are available shall be
decided without debate.
(B) Other Meetings.--The date, time, place, and subject
matter of a meeting (other than a hearing or a meeting to which
subparagraph (A) applies) shall be announced at least 72 hours
in advance of the commencement of such meeting.
(b)(1) Requirements for Testimony.--Each witness who is to
appear before the Committee or a subcommittee shall file with
the clerk of the Committee, at least two working days in
advance of his or her appearance, sufficient copies, as
determined by the chairman of the Committee or a subcommittee,
of a written statement of his or her proposed testimony to
provide to members and staff of the Committee or subcommittee,
the news media, and the general public. Each witness shall, to
the greatest extent practicable, also provide a copy of such
written testimony in an electronic format prescribed by the
chairman. Each witness shall limit his or her oral presentation
to a brief summary of the argument. The chairman of the
Committee or of a subcommittee, or the presiding member, may
waive the requirements of this paragraph or any part thereof.
(2) Additional Requirements for Testimony.--To the greatest
extent practicable, the written testimony of each witness
appearing in a non-governmental capacity shall include a
curriculum vitae and a disclosure of the amount and source (by
agency and program) of any federal grant (or subgrant thereof)
or contract (or subcontract thereof) received during the
current fiscal year or either of the two preceding fiscal years
by the witness or by an entity represented by the witness.
(c)(1) Questioning Witnesses.--The right to interrogate the
witnesses before the Committee or any of its subcommittees
shall alternate between majority and minority members. Each
member shall be limited to 5 minutes in the interrogation of
witnesses until such time as each member who so desires has had
an opportunity to question witnesses. No member shall be
recognized for a second period of 5 minutes to interrogate a
witness until each member of the Committee present has been
recognized once for that purpose. While the Committee or
subcommittee is operating under the 5-minute rule for the
interrogation of witnesses, the chairman shall recognize in
order of appearance members who were not present when the
meeting was called to order after all members who were present
when the meeting was called to order have been recognized in
the order of seniority on the Committee or subcommittee, as the
case may be.
(2) Questions for the Record.--Each member may submit to
the Chairman of the Committee or the subcommittee additional
questions for the record, to be answered by the witnesses who
have appeared. Each member shall provide a copy of the
questions in an electronic format to the clerk of the Committee
no later than ten business days following a hearing. The
Chairman shall transmit all questions received from members of
the Committee or the subcommittee to the appropriate witness,
and include the transmittal letter and the responses from the
witnesses in the hearing record.
(d) Explanation of Subcommittee Action.--No bill,
recommendation, or other matter reported by a subcommittee
shall be considered by the full Committee unless the text of
the matter reported, together with an explanation, has been
available to members of the Committee for at least 36 hours.
Such explanation shall include a summary of the major
provisions of the legislation, an explanation of the
relationship of the matter to present law, and a summary of the
need for the legislation. All subcommittee actions shall be
reported promptly by the clerk of the Committee to all members
of the Committee.
(e) Opening Statements.--(1) All written opening statements
at hearings conducted by the committee or any of its
subcommittees shall be made part of the permanent hearing
record.
(2) Statements shall be limited to 5 minutes each for the
chairman and ranking minority member (or their respective
designee) of the Committee or subcommittee, as applicable, and
3 minutes each for all other members. With the consent of the
Committee, prior to the recognition of the first witness for
testimony, any Member, when recognized for an opening
statement, may completely defer his or her opening statement
and instead use those three minutes during the initial round of
questioning.
(3) At any hearing of the full Committee, the chairman may
limit opening statements for Members (including, at the
discretion of the Chairman, the chairman and ranking minority
member) to one minute. At any hearing conducted by any
subcommittee, the chairman of that subcommittee, with the
consent of its ranking minority member, may reduce the time for
statements by members or defer statements until the conclusion
of testimony.
Rule 5.--Waiver of Agenda, Notice, and Layover Requirements
Requirements of rules 3, 4(a)(2), and 4(d) may be waived by
a majority of those present and voting (a majority being
present) of the Committee or subcommittee, as the case may be.
Rule 6.--Quorum
Testimony may be taken and evidence received at any hearing
at which there are present not fewer than two members of the
Committee or subcommittee in question. A majority of the
members of the Committee shall constitute a quorum for the
purposes of reporting any measure or matter, of authorizing a
subpoena, or of closing a meeting or hearing pursuant to clause
2(g) of rule XI of the Rules of the House (except as provided
in clause 2(g)(2)(A) and (B)). For the purposes of taking any
action other than those specified in the preceding sentence,
one-third of the members of the Committee or subcommittee shall
constitute a quorum.
Rule 7.--Official Committee Records
(a)(1) Journal.--The proceedings of the Committee shall be
recorded in a journal which shall, among other things, show
those present at each meeting, and include a record of the vote
on any question on which a record vote is demanded and a
description of the amendment, motion, order, or other
proposition voted. A copy of the journal shall be furnished to
the ranking minority member.
(2) Record Votes.--A record vote may be demanded by one-
fifth of the members present or, in the apparent absence of a
quorum, by any one member. No demand for a record vote shall be
made or obtained except for the purpose of procuring a record
vote or in the apparent absence of a quorum. The result of each
record vote in any meeting of the Committee shall be made
available in the Committee office for inspection by the public,
as provided in rule XI, clause 2(e) of the Rules of the House.
(b) Archived Records.--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. The chairman shall notify the ranking
minority member of any decision, pursuant to clause 3(b)(3) or
clause 4(b) of the rule, 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 chairman shall consult with the ranking minority
member on any communication from the Archivist of the United
States or the Clerk of the House concerning the disposition of
noncurrent records pursuant to clause 3(b) of the rule.
Rule 8.--Subcommittees
There shall be such standing subcommittees with such
jurisdiction and size as determined by the majority party
caucus of the Committee. The jurisdiction, number, and size of
the subcommittees shall be determined by the majority party
caucus prior to the start of the process for establishing
subcommittee chairmanships and assignments.
Rule 9.--Powers and Duties of Subcommittees
Each subcommittee is authorized to meet, hold hearings,
receive testimony, mark up legislation, and report to the
Committee on all matters referred to it. Subcommittee chairmen
shall set hearing and meeting dates only with the approval of
the chairman of the Committee with a view toward assuring the
availability of meeting rooms and avoiding simultaneous
scheduling of Committee and subcommittee meetings or hearings
whenever possible.
Rule 10.--Reference of Legislation and Other Matters
All legislation and other matters referred to the Committee
shall be referred to the subcommittee of appropriate
jurisdiction within two weeks of the date of receipt by the
Committee unless action is taken by the full committee within
those two weeks, or by majority vote of the members of the
Committee, consideration is to be by the full Committee. In the
case of legislation or other matter within the jurisdiction of
more than one subcommittee, the chairman of the Committee may,
in his discretion, refer the matter simultaneously to two or
more subcommittees for concurrent consideration, or may
designate a subcommittee of primary jurisdiction and also refer
the matter to one or more additional subcommittees for
consideration in sequence (subject to appropriate time
limitations), either on its initial referral or after the
matter has been reported by the subcommittee of primary
jurisdiction. Such authority shall include the authority to
refer such legislation or matter to an ad hoc subcommittee
appointed by the chairman, with the approval of the Committee,
from the members of the subcommittee having legislative or
oversight jurisdiction.
Rule 11.--Ratio of Subcommittees
The majority caucus of the Committee shall determine an
appropriate ratio of majority to minority party members for
each subcommittee and the chairman shall negotiate that ratio
with the minority party, provided that the ratio of party
members on each subcommittee shall be no less favorable to the
majority than that of the full Committee, nor shall such ratio
provide for a majority of less than two majority members.
Rule 12.--Subcommittee Membership
(a) Selection of Subcommittee Members.--Prior to any
organizational meeting held by the Committee, the majority and
minority caucuses shall select their respective members of the
standing subcommittees.
(b) Ex Officio Members.--The chairman and ranking minority
member of the Committee shall be ex officio members with voting
privileges of each subcommittee of which they are not assigned
as members and may be counted for purposes of establishing a
quorum in such subcommittees.
Rule 13.--Managing Legislation on the House Floor
The chairman, in his discretion, shall designate which
member shall manage legislation reported by the Committee to
the House.
Rule 14.--Committee Professional and Clerical Staff Appointments
(a) Delegation of Staff.--Whenever the chairman of the
Committee determines that any professional staff member
appointed pursuant to the provisions of clause 9 of rule X of
the House of Representatives, who is assigned to such chairman
and not to the ranking minority member, by reason of such
professional staff member's expertise or qualifications will be
of assistance to one or more subcommittees in carrying out
their assigned responsibilities, he may delegate such member to
such subcommittees for such purpose. A delegation of a member
of the professional staff pursuant to this subsection shall be
made after consultation with subcommittee chairmen and with the
approval of the subcommittee chairman or chairmen involved.
(b) Minority Professional Staff.--Professional staff
members appointed pursuant to clause 9 of rule X of the House
of Representatives, who are assigned to the ranking minority
member of the Committee and not to the chairman of the
Committee, shall be assigned to such Committee business as the
minority party members of the Committee consider advisable.
(c) Additional Staff Appointments.--In addition to the
professional staff appointed pursuant to clause 9 of rule X of
the House of Representatives, the chairman of the Committee
shall be entitled to make such appointments to the professional
and clerical staff of the Committee as may be provided within
the budget approved for such purposes by the Committee. Such
appointee shall be assigned to such business of the full
Committee as the chairman of the Committee considers advisable.
(d) Sufficient Staff.--The chairman shall ensure that
sufficient staff is made available to each subcommittee to
carry out its responsibilities under the rules of the
Committee.
(e) Fair Treatment of Minority Members in Appointment of
Committee Staff.--The chairman shall ensure that the minority
members of the Committee are treated fairly in appointment of
Committee staff.
(f) Contracts for Temporary or Intermittent Services.--Any
contract for the temporary services or intermittent service of
individual consultants or organizations to make studies or
advise the Committee or its subcommittees with respect to any
matter within their jurisdiction shall be deemed to have been
approved by a majority of the members of the Committee if
approved by the chairman and ranking minority member of the
Committee. Such approval shall not be deemed to have been given
if at least one-third of the members of the Committee request
in writing that the Committee formally act on such a contract,
if the request is made within 10 days after the latest date on
which such chairman or chairmen, and such ranking minority
member or members, approve such contract.
Rule 15.--Supervision, Duties of Staff
(a) Supervision of Majority Staff.--The professional and
clerical staff of the Committee not assigned to the minority
shall be under the supervision and direction of the chairman
who, in consultation with the chairmen of the subcommittees,
shall establish and assign the duties and responsibilities of
such staff members and delegate such authority as he determines
appropriate.
(b) Supervision of Minority Staff.--The professional and
clerical staff assigned to the minority shall be under the
supervision and direction of the minority members of the
Committee, who may delegate such authority as they determine
appropriate.
Rule 16.--Committee Budget
(a) Preparation of Committee Budget.--The chairman of the
Committee, after consultation with the ranking minority member
of the Committee and the chairmen of the subcommittees, shall
for the 110th Congress prepare a preliminary budget for the
Committee, with such budget including necessary amounts for
professional and clerical staff, travel, investigations,
equipment and miscellaneous expenses of the Committee and the
subcommittees, and which shall be adequate to fully discharge
the Committee's responsibilities for legislation and oversight.
Such budget shall be presented by the chairman to the majority
party caucus of the Committee and thereafter to the full
Committee for its approval.
(b) Approval of the Committee Budget.--The chairman shall
take whatever action is necessary to have the budget as finally
approved by the Committee duly authorized by the House. No
proposed Committee budget may be submitted to the Committee on
House Administration unless it has been presented to and
approved by the majority party caucus and thereafter by the
full Committee. The chairman of the Committee may authorize all
necessary expenses in accordance with these rules and within
the limits of the Committee's budget as approved by the House.
(c) Monthly Expenditures Report.--Committee members shall
be furnished a copy of each monthly report, prepared by the
chairman for the Committee on House Administration, which shows
expenditures made during the reporting period and cumulative
for the year by the Committee and subcommittees, anticipated
expenditures for the projected Committee program, and detailed
information on travel.
Rule 17.--Broadcasting of Committee Hearings
Any meeting or hearing that is open to the public may be
covered in whole or in part by radio or television or still
photography, subject to the requirements of clause 4 of rule XI
of the Rules of the House. The coverage of any hearing or other
proceeding of the Committee or any subcommittee thereof by
television, radio, or still photography shall be under the
direct supervision of the chairman of the Committee, the
subcommittee chairman, or other member of the Committee
presiding at such hearing or other proceeding and may be
terminated by such member in accordance with the Rules of the
House.
Rule 18.--Comptroller General Audits
The chairman of the Committee is authorized to request
verification examinations by the Comptroller General of the
United States pursuant to Title V, Part A of the Energy Policy
and Conservation Act (Public Law 94-163), after consultation
with the members of the Committee.
Rule 19.--Subpoenas
The Committee, or any subcommittee, may authorize and issue
a subpoena under clause 2(m)(2)(A) of rule XI of the House, if
authorized by a majority of the members of the Committee or
subcommittee (as the case may be) voting, a quorum being
present. Authorized subpoenas may be issued over the signature
of the chairman of the Committee or any member designated by
the Committee, and may be served by any person designated by
such chairman or member. The chairman of the Committee may
authorize and issue subpoenas under such clause during any
period for which the House has adjourned for a period in excess
of 3 days when, in the opinion of the chairman, authorization
and issuance of the subpoena is necessary to obtain the
material set forth in the subpoena. The chairman shall report
to the members of the Committee on the authorization and
issuance of a subpoena during the recess period as soon as
practicable but in no event later than one week after service
of such subpoena.
Rule 20.--Travel of Members and Staff
(a) Approval of Travel.--Consistent with the primary
expense resolution and such additional expense resolutions as
may have been approved, travel to be reimbursed from funds set
aside for the Committee for any member or any staff member
shall be paid only upon the prior authorization of the
chairman. Travel may be authorized by the chairman for any
member and any staff member in connection with the attendance
of hearings conducted by the Committee or any subcommittee
thereof and meetings, conferences, and investigations which
involve activities or subject matter under 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 travel; (2) the dates during
which the travel is to be made and the date or dates of the
event for which the travel is being made; (3) the location of
the event for which the travel is to be made; and (4) the names
of members and staff seeking authorization.
(b) Approval of Travel by Minority Members and Staff.--In
the case of travel by minority party members and minority party
professional staff for the purpose set out in (a), the prior
approval, not only of the chairman but also of the ranking
minority member, shall be required. Such prior authorization
shall be given by the chairman only upon the representation by
the ranking minority member in writing setting forth those
items enumerated in (1), (2), (3), and (4) of paragraph (a).
Committee on Financial Services
BARNEY FRANK, Massachusetts,
Chairman
SPENCER BACHUS, Alabama, PAUL E. KANJORKSI, Pennsylvania
Ranking Member MAXINE WATERS, California
RICHARD H. BAKER, Louisiana CAROLYN B. MALONEY, New York
DEBORAH PRYCE, Ohio LUIS V. GUTIERREZ, Illinois
MICHAEL N. CASTLE, Delaware NYDIA M. VELAZQUEZ, New York
PETER T. KING, New York MELVIN L. WATT, North Carolina
EDWARD R. ROYCE, California GARY L. ACKERMAN, New York
FRANK D. LUCAS, Oklahoma JULIA CARSON, Indiana
RON PAUL, Texas BRAD SHERMAN, California
STEVEN C. LaTOURETTE, Ohio GREGORY W. MEEKS, New York
DONALD A. MANZULLO, Illinois DENNIS MOORE, Kansas
WALTER B. JONES, North Carolina MICHAEL E. CAPUANO, Massachusetts
JUDY BIGGERT, Illinois RUBEN HINOJOSA, Texas
CHRISTOPHER SHAYS, Connecticut WM. LACY CLAY, Missouri
GARY G. MILLER, California CAROLYN McCARTHY, New York
SHELLEY MOORE CAPITO, JOE BACA, California
West Virginia STEPHEN F. LYNCH, Massachusetts
TOM FEENEY, Florida BRAD MILLER, North Carolina
JEB HENSARLING, Texas DAVID SCOTT, Georgia
SCOTT GARRETT, New Jersey AL GREEN, Texas
GINNY BROWN-WAITE, Florida EMANUEL CLEAVER, Missouri
J. GRESHAM BARRETT, MELISSA L. BEAN, Illinois
South Carolina GWEN MOORE, Wisconsin
JIM GERLACH, Pennsylvania LINCOLN DAVIS, Tennessee
STEVAN PEARCE, New Mexico ALBIO SIRES, New Jersey
RANDY NEUGEBAUER, Texas PAUL W. HODES, New Hampshire
TOM PRICE, Georgia KEITH ELLISON, Minnesota
GEOFF DAVIS, Kentucky RON KLEIN, Florida
PATRICK T. McHENRY, North Carolina TIM MAHONEY, Florida
JOHN CAMPBELL, California CHARLES A. WILSON, Ohio
ADAM H. PUTNAM, Florida ED PERLMUTTER, Colorado
MICHELE BACHMANN, Minnesota CHRISTOPHER S. MURPHY, Connecticut
PETER J. ROSKAM, Illinois JOE DONNELLY, Indiana
KENNY MARCHANT, Texas* ROBERT WEXLER, Florida**
THADDEUS G. McCOTTER, JIM MARSHALL, Georgia
Michigan*** DAN BOREN, Oklahoma
KEVIN McCARTHY****
----------
*Appointed to the Financial Services Committee on March 12, 2007,
filling a vacancy created by the resignation of Rep. Marsha Blackburn
effective on that day.
**Appointed to the Financial Services Committee on January 23, 2007.
***Appointed to the Financial Services Committee on May 10, 2007,
filling a vacancy created by the April 25, 2007 resignation of Rep.
Rick Renzi.
****Appointed to the Financial Services Committee on October 2, 2007,
filling a vacancy created by the death of Rep. Paul E. Gillmor on
September 5, 2007.
(Adopted January 31, 2007 as amended February 13, 2007)
Rule 1.--General Provisions
(a) The rules of the House are the rules of the Committee
on Financial Services (hereinafter in these rules referred to
as the ``Committee'') 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, are privileged
motions in the Committee and shall be considered without
debate. A proposed investigative or oversight report shall be
considered as read if it has been available to the members of
the Committee for at least 24 hours (excluding Saturdays,
Sundays, or legal holidays except when the House is in session
on such day).
(b) Each subcommittee is a part of the Committee, and is
subject to the authority and direction of the Committee and to
its rules so far as applicable.
(c) The provisions of clause 2 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.--Meetings
CALLING OF MEETINGS
(a)(1) The Committee shall regularly meet on the first
Tuesday of each month when the House is in session.
(2) A regular meeting of the Committee may be dispensed
with if, in the judgment of the Chairman of the Committee
(hereinafter in these rules referred to as the ``Chair''),
there is no need for the meeting.
(3) Additional regular meetings and hearings of the
Committee may be called by the Chair, in accordance with clause
2(g)(3) of rule XI of the rules of the House.
(4) Special meetings shall be called and convened by the
Chair as provided in clause 2(c)(2) of rule XI of the Rules of
the House.
NOTICE FOR MEETINGS
(b)(1) The Chair shall notify each member of the Committee
of the agenda of each regular meeting of the Committee at least
two calendar days before the time of the meeting.
(2) The Chair shall provide to each member of the
Committee, at least two calendar days before the time of each
regular meeting for each measure or matter on the agenda a copy
of--
(A) the measure or materials relating to the matter
in question; and
(B) an explanation of the measure or matter to be
considered, which, in the case of an explanation of a
bill, resolution, or similar measure, shall include a
summary of the major provisions of the legislation, an
explanation of the relationship of the measure to
present law, and a summary of the need for the
legislation.
(3) The agenda and materials required under this subsection
shall be provided to each member of the Committee at least
three calendar days before the time of the meeting where the
measure or matter to be considered was not approved for full
Committee consideration by a subcommittee of jurisdiction.
(4) The provisions of this subsection may be waived by a
two-thirds vote of the Committee, or by the Chair with the
concurrence of the ranking minority member.
Rule 3.--Meeting and Hearing Procedures
IN GENERAL
(a)(1) Meetings and hearings of the Committee shall be
called to order and presided over by the Chair or, in the
Chair's absence, by the member designated by the Chair as the
Vice Chair of the Committee, or by the ranking majority member
of the Committee present as Acting Chair.
(2) Meetings and hearings of the Committee shall be open to
the public unless closed in accordance with clause 2(g) of rule
XI of the Rules of the House.
(3) Any meeting or hearing of the Committee that is open to
the public shall be open to coverage by television broadcast,
radio broadcast, and still photography in accordance with the
provisions of clause 4 of rule XI of the Rules of the House
(which are incorporated by reference as part of these rules).
Operation and use of any Committee operated broadcast system
shall be fair and nonpartisan and in accordance with clause
4(b) of rule XI and all other applicable rules of the Committee
and the House.
(4) Opening statements by members at the beginning of any
hearing or meeting of the Committee shall be limited to 5
minutes each for the Chair or ranking minority member, or their
respective designee, and 3 minutes each for all other members.
(5) No person, other than a Member of Congress, Committee
staff, or an employee of a Member when that Member has an
amendment under consideration, may stand in or be seated at the
rostrum area of the Committee rooms unless the Chair determines
otherwise.
QUORUM
(b)(1) For the purpose of taking testimony and receiving
evidence, two members of the Committee shall constitute a
quorum.
(2) A majority of the members of the Committee shall
constitute a quorum for the purposes of reporting any measure
or matter, of authorizing a subpoena, of closing a meeting or
hearing pursuant to clause 2(g) of rule XI of the rules of the
House (except as provided in clause 2(g)(2)(A) and (B)) or of
releasing executive session material pursuant to clause 2(k)(7)
of rule XI of the rules of the House.
(3) For the purpose of taking any action other than those
specified in paragraph (2) one-third of the members of the
Committee shall constitute a quorum.
VOTING
(c)(1) No vote may be conducted on any measure or matter
pending before the Committee unless the requisite number of
members of the Committee is actually present for such purpose.
(2) A record vote of the Committee shall be provided on any
question before the Committee upon the request of one-fifth of
the members present.
(3) No vote by any member of the Committee on any measure
or matter may be cast by proxy.
(4) In accordance with clause 2(e)(1)(B) of rule XI, a
record of the vote of each member of the Committee on each
record vote on any measure or matter before the Committee shall
be available for public inspection at the offices of the
Committee, and, with respect to any record vote on any motion
to report or on any amendment, shall be included in the report
of the Committee showing the total number of votes cast for and
against and the names of those members voting for and against.
(5) Postponed Record Votes.--(A) Subject to subparagraph
(B), 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, but no later
than the next meeting day.
(B) In exercising postponement authority under subparagraph
(A), the Chairman shall take all reasonable steps necessary to
notify members on the resumption of proceedings on any
postponed record vote;
(C) 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.
HEARING PROCEDURES
(d)(1)(A) The Chair shall make public announcement of the
date, place, and subject matter of any committee hearing at
least one week before the commencement of the hearing, unless
the Chair, with the concurrence of the ranking minority member,
or the Committee by majority vote with a quorum present for the
transaction of business, determines there is good cause to
begin the hearing sooner, in which case the Chair shall make
the announcement at the earliest possible date.
(B) Not less than three days before the commencement of a
hearing announced under this paragraph, the Chair shall provide
to the members of the Committee a concise summary of the
subject of the hearing, or, in the case of a hearing on a
measure or matter, a copy of the measure or materials relating
to the matter in question and a concise explanation of the
measure or matter to be considered.
(2) To the greatest extent practicable--
(A) each witness who is to appear before the
Committee shall file with the Committee two business
days in advance of the appearance sufficient copies
(including a copy in electronic form), as determined by
the Chair, of a written statement of proposed testimony
and shall limit the oral presentation to the Committee
to brief summary thereof; and
(B) each witness appearing in a non-governmental
capacity shall include with the written statement of
proposed testimony a curriculum vitae and a disclosure
of the amount and source (by agency and program) of any
Federal grant (or subgrant thereof) or contract (or
subcontract thereof) received during the current fiscal
year or either of the two preceding fiscal years.
(3) The requirements of paragraph (2)(A) may be modified or
waived by the Chair when the Chair determines it to be in the
best interest of the Committee.
(4) The five-minute rule shall be observed in the
interrogation of witnesses before the Committee until each
member of the Committee has had an opportunity to question the
witnesses. No member shall be recognized for a second period of
5 minutes to interrogate witnesses until each member of the
Committee present has been recognized once for that purpose.
(5) Whenever any hearing is conducted by the Committee on
any measure or matter, the minority party members of the
Committee shall be entitled, upon the request of a majority of
them before the completion of the hearing, to call witnesses
with respect to that measure or matter during at least one day
of hearing thereon.
SUBPOENAS AND OATHS
(e)(1) Pursuant to clause 2(m) of rule XI of the Rules of
the House, a subpoena may be authorized and issued by the
Committee or a subcommittee in the conduct of any investigation
or series of investigations or activities, only when authorized
by a majority of the members voting, a majority being present,
or pursuant to paragraph (2).
(2) The Chair, with the concurrence of the ranking minority
member, may authorize and issue subpoenas under such clause
during any period for which the House has adjourned for a
period in excess of 3 days when, in the opinion of the Chair,
authorization and issuance of the subpoena is necessary to
obtain the material or testimony set forth in the subpoena. The
Chair shall report to the members of the Committee on the
authorization and issuance of a subpoena during the recess
period as soon as practicable, but in no event later than one
week after service of such subpoena.
(3) Authorized subpoenas shall be signed by the Chair or by
any member designated by the Committee, and may be served by
any person designated by the Chair or such member.
(4) The Chair, or any member of the Committee designated by
the Chair, may administer oaths to witnesses before the
Committee.
SPECIAL PROCEDURES
(f)(1)(A) Commemorative Medals and Coins.--It shall not be
in order for the Subcommittee on Domestic and International
Monetary Policy, Trade, and Technology to hold a hearing on any
commemorative medal or commemorative coin legislation unless
the legislation is cosponsored by at least two-thirds of the
members of the House.
(B) It shall not be in order for the subcommittee to
approve a bill or measure authorizing commemorative coins for
consideration by the full Committee which does not conform with
the mintage restrictions established by section 5112 of title
31, United States Code.
(C) In considering legislation authorizing Congressional
gold medals, the subcommittee shall apply the following
standards--
(i) the recipient shall be a natural person;
(ii) the recipient shall have performed an
achievement that has an impact on American history and
culture that is likely to be recognized as a major
achievement in the recipient's field long after the
achievement;
(iii) the recipient shall not have received a medal
previously for the same or substantially the same
achievement;
(iv) the recipient shall be living or, if deceased,
shall have been deceased for not less than 5 years and
not more than 25 years;
(v) the achievements were performed in the
recipient's field of endeavor, and represent either a
lifetime of continuous superior achievements or a
single achievement so significant that the recipient is
recognized and acclaimed by others in the same field,
as evidenced by the recipient having received the
highest honors in the field.
(2) Testimony of Certain Officials.--(A) Notwithstanding
subsection (a)(4), when the Chair announces a hearing of the
Committee for the purpose of receiving--
(i) testimony from the Chairman of the Federal
Reserve Board pursuant to section 2B of the Federal
Reserve Act (12 U.S.C. 221 et seq.), or
(ii) testimony from the Chairman of the Federal
Reserve Board or a member of the President's cabinet at
the invitation of the Chair, the Chair may, in
consultation with the ranking minority member, limit
the number and duration of opening statements to be
delivered at such hearing. The limitation shall be
included in the announcement made pursuant to
subsection (d)(l)(A), and shall provide that the
opening statements of all members of the Committee
shall be made a part of the hearing record.
(B) Notwithstanding subsection (a)(4), at any hearing of
the Committee for the purpose of receiving testimony (other
than testimony described in clause (i) or (ii) of subparagraph
(A)), the Chair may, in consultation with the ranking minority
member, limit the duration of opening statements to ten
minutes, to be divided between the Chair and Chair of the
pertinent subcommittee, or the Chair's designee, and ten
minutes, to be controlled by the ranking minority member, or
his designee. Following such time, the duration for opening
statements may be extended by either the Chair or ranking
minority member for an additional ten minutes each, to be
divided at the discretion of the Chair or ranking minority
member. The Chair shall provide that the opening statements for
all members of the Committee shall be made a part of the
hearing record.
(C) At any hearing of a subcommittee, the Chair of the
subcommittee may, in consultation with the ranking minority
member of the subcommittee, limit the duration of opening
statements to ten minutes, to be divided between the majority
and minority. Following such time, the duration for opening
statements may be extended by either the Chair of the
subcommittee or ranking minority member of the subcommittee for
an additional ten minutes each, to be divided at the discretion
of the Chair of the subcommittee or ranking minority member of
the subcommittee. The Chair of the subcommittee shall ensure
that opening statements for all members be made part of the
hearing record.
(D) If the Chair and ranking minority member acting jointly
determine that extraordinary circumstances exist necessitating
allowing members to make opening statements, subparagraphs (B)
or (C), as the case may be, shall not apply to such hearing.
Rule 4.--Procedures for Reporting Measures or Matters
(a) No measure or matter shall be reported from the
Committee unless a majority of the Committee is actually
present.
(b) The Chair of the Committee shall report or cause to be
reported promptly to the House any measure approved by the
Committee and take necessary steps to bring a matter to a vote.
(c) The report of the Committee on a measure which has been
approved by the Committee shall be filed within seven calendar
days (exclusive of days on which the House is not in session)
after the day on which there has been filed with the clerk of
the Committee a written request, signed by a majority of the
members of the Committee, for the reporting of that measure
pursuant to the provisions of clause 2(b)(2) of rule XIII of
the Rules of the House.
(d) All reports printed by the Committee pursuant to a
legislative study or investigation and not approved by a
majority vote of the Committee shall contain the following
disclaimer on the cover of such report: ``This report has not
been officially adopted by the Committee on Financial Services
and may not necessarily reflect the views of its Members.''
(e) The Chair is directed to offer a motion under clause 1
of rule XXII of the Rules of the House whenever the Chair
considers it appropriate.
Rule 5.--Subcommittees
ESTABLISHMENT AND RESPONSIBILITIES OF SUBCOMMITTEES
(a)(1) There shall be 5 subcommittees of the Committee as
follows:
(A) Subcommittee on Capital Markets, Insurance, and
Government Sponsored Enterprises.--The jurisdiction of
the Subcommittee on Capital Markets, Insurance, and
Government Sponsored Enterprises includes--
(i) securities, exchanges, and finance;
(ii) capital markets activities, including
business capital formation and venture capital;
(iii) activities involving futures, forwards,
options, and other types of derivative
instruments;
(iv) the Securities and Exchange Commission;
(v) secondary market organizations for home
mortgages, including the Federal National
Mortgage Association, the Federal Home Loan
Mortgage Corporation, and the Federal
Agricultural Mortgage Corporation;
(vi) the Office of Federal Housing Enterprise
Oversight;
(vii) the Federal Home Loan Banks;
(viii) the Federal Housing Finance Board;
(ix) terrorism risk insurance; and
(x) insurance generally.
(B) Subcommittee on Domestic and International
Monetary Policy, Trade, and Technology.--The
jurisdiction of the Subcommittee on Domestic and
International Monetary Policy, Trade, and Technology
includes--
(i) financial aid to all sectors and elements
within the economy;
(ii) economic growth and stabilization;
(iii) defense production matters as contained
in the Defense Production Act of 1950, as
amended;
(iv) domestic monetary policy, and agencies
which directly or indirectly affect domestic
monetary policy, including the effect of such
policy and other financial actions on interest
rates, the allocation of credit, and the
structure and functioning of domestic financial
institutions;
(v) coins, coinage, currency, and medals,
including commemorative coins and medals, proof
and mint sets and other special coins, the
Coinage Act of 1965, gold and silver, including
the coinage thereof (but not the par value of
gold), gold medals, counterfeiting, currency
denominations and design, the distribution of
coins, and the operations of the Bureau of the
Mint and the Bureau of Engraving and Printing;
(vi) development of new or alternative forms
of currency;
(vii) multilateral development lending
institutions, including activities of the
National Advisory Council on International
Monetary and Financial Policies as related
thereto, and monetary and financial
developments as they relate to the activities
and objectives of such institutions;
(viii) international trade, including but not
limited to the activities of the Export-Import
Bank;
(ix) the International Monetary Fund, its
permanent and temporary agencies, and all
matters related thereto; and
(x) international investment policies, both
as they relate to United States investments for
trade purposes by citizens of the United States
and investments made by all foreign entities in
the United States.
(C) Subcommittee on Financial Institutions and
Consumer Credit.--The jurisdiction of the Subcommittee
on Financial Institutions and Consumer Credit
includes--
(i) all agencies, including the Office of the
Comptroller of the Currency, the Federal
Deposit Insurance Corporation, the Board of
Governors of the Federal Reserve System and the
Federal Reserve System, the Office of Thrift
Supervision, and the National Credit Union
Administration, which directly or indirectly
exercise supervisory or regulatory authority in
connection with, or provide deposit insurance
for, financial institutions, and the
establishment of interest rate ceilings on
deposits;
(ii) the chartering, branching, merger,
acquisition, consolidation, or conversion of
financial institutions;
(iii) consumer credit, including the
provision of consumer credit by insurance
companies, and further including those matters
in the Consumer Credit Protection Act dealing
with truth in lending, extortionate credit
transactions, restrictions on garnishments,
fair credit reporting and the use of credit
information by credit bureaus and credit
providers, equal credit opportunity, debt
collection practices, and electronic funds
transfers;
(iv) creditor remedies and debtor defenses,
Federal aspects of the Uniform Consumer Credit
Code, credit and debit cards, and the
preemption of State usury laws;
(v) consumer access to financial services,
including the Home Mortgage Disclosure Act and
the Community Reinvestment Act;
(vi) the terms and rules of disclosure of
financial services, including the
advertisement, promotion and pricing of
financial services, and availability of
government check cashing services;
(vii) deposit insurance; and
(viii) consumer access to savings accounts
and checking accounts in financial
institutions, including lifeline banking and
other consumer accounts.
(D) Subcommittee on Housing and Community
Opportunity.--The jurisdiction of the Subcommittee on
Housing and Community Opportunity includes--
(i) housing (except programs administered by
the Department of Veterans Affairs), including
mortgage and loan insurance pursuant to the
National Housing Act; rural housing; housing
and homeless assistance programs; all
activities of the Government National Mortgage
Association; private mortgage insurance;
housing construction and design and safety
standards; housing-related energy conservation;
housing research and demonstration programs;
financial and technical assistance for
nonprofit housing sponsors; housing counseling
and technical assistance; regulation of the
housing industry (including landlord/tenant
relations); and real estate lending including
regulation of settlement procedures;
(ii) community development and community and
neighborhood planning, training and research;
national urban growth policies; urban/rural
research and technologies; and regulation of
interstate land sales;
(iii) government sponsored insurance
programs, including those offering protection
against crime, fire, flood (and related land
use controls), earthquake and other natural
hazards, but not including terrorism risk
insurance; and
(iv) the qualifications for and designation
of Empowerment Zones and Enterprise Communities
(other than matters relating to tax benefits).
(E) Subcommittee on Oversight and Investigations.--
The jurisdiction of the Subcommittee on Oversight and
Investigations includes--
(i) the oversight of all agencies,
departments, programs, and matters within the
jurisdiction of the Committee, including the
development of recommendations with regard to
the necessity or desirability of enacting,
changing, or repealing any legislation within
the jurisdiction of the Committee, and for
conducting investigations within such
jurisdiction; and
(ii) research and analysis regarding matters
within the jurisdiction of the Committee,
including the impact or probable impact of tax
policies affecting matters within the
jurisdiction of the Committee.
(2) In addition, each such subcommittee shall have specific
responsibility for such other measures or matters as the Chair
refers to it.
(3) Each subcommittee of the Committee shall review and
study, on a continuing basis, the application, administration,
execution, and effectiveness of those laws, or parts of laws,
the subject matter of which is within its general
responsibility.
REFERRAL OF MEASURES AND MATTERS TO SUBCOMMITTEES
(b)(1) The Chair shall regularly refer to one or more
subcommittees such measures and matters as the Chair deems
appropriate given its jurisdiction and responsibilities. In
making such a referral, the Chair may designate a subcommittee
of primary jurisdiction and subcommittees of additional or
sequential jurisdiction.
(2) All other measures or matters shall be subject to
consideration by the full Committee.
(3) In referring any measure or matter to a subcommittee,
the Chair may specify a date by which the subcommittee shall
report thereon to the Committee.
(4) The Committee by motion may discharge a subcommittee
from consideration of any measure or matter referred to a
subcommittee of the Committee.
COMPOSITION OF SUBCOMMITTEES
(c)(1) Members shall be elected to each subcommittee and to
the positions of chair and ranking minority member thereof, in
accordance with the rules of the respective party caucuses. The
Chair of the Committee shall designate a member of the majority
party on each subcommittee as its vice chair.
(2) The Chair and ranking minority member of the Committee
shall be ex officio members with voting privileges of each
subcommittee of which they are not assigned as members and may
be counted for purposes of establishing a quorum in such
subcommittees.
(3) The subcommittees shall be comprised as follows:
(A) The Subcommittee on Capital Markets, Insurance,
and Government Sponsored Enterprises shall be comprised
of 49 members, 26 elected by the majority caucus and 23
elected by the minority caucus.
(B) The Subcommittee on Domestic and International
Monetary Policy, Trade, and Technology shall be
comprised of 26 members, 14 elected by the majority
caucus and 12 elected by the minority caucus.
(C) The Subcommittee on Financial Institutions and
Consumer Credit shall be comprised of 47 members, 25
elected by the majority caucus and 22 elected by the
minority caucus.
(D) The Subcommittee on Housing and Community
Opportunity shall be comprised of 26 members, 14
elected by the majority caucus and 12 elected by the
minority caucus.
(E) The Subcommittee on Oversight and Investigations
shall be comprised of 20 members, 11 elected by the
majority caucus and 9 elected by the minority caucus.
SUBCOMMITTEE MEETINGS AND HEARINGS
(d)(1) Each subcommittee of the Committee is authorized to
meet, hold hearings, receive testimony, mark up legislation,
and report to the full Committee on any measure or matter
referred to it, consistent with subsection (a).
(2) No subcommittee of the Committee may meet or hold a
hearing at the same time as a meeting or hearing of the
Committee.
(3) The chair of each subcommittee shall set hearing and
meeting dates only with the approval of the Chair with a view
toward assuring the availability of meeting rooms and avoiding
simultaneous scheduling of Committee and subcommittee meetings
or hearings.
EFFECT OF A VACANCY
(e) Any vacancy in the membership of a subcommittee shall
not affect the power of the remaining members to execute the
functions of the subcommittee as long as the required quorum is
present.
RECORDS
(f) Each subcommittee of the Committee shall provide the
full Committee with copies of such records of votes taken in
the subcommittee and such other records with respect to the
subcommittee as the Chair deems necessary for the Committee to
comply with all rules and regulations of the House.
Rule 6.--Staff
IN GENERAL
(a)(1) Except as provided in paragraph (2), the
professional and other staff of the Committee shall be
appointed, and may be removed by the Chair, and shall work
under the general supervision and direction of the Chair.
(2) All professional and other staff provided to the
minority party members of the Committee shall be appointed, and
may be removed, by the ranking minority member of the
Committee, and shall work under the general supervision and
direction of such member.
(3) It is intended that the skills and experience of all
members of the Committee staff be available to all members of
the Committee.
SUBCOMMITTEE STAFF
(b) From funds made available for the appointment of staff,
the Chair of the Committee shall, pursuant to clause 6(d) of
rule X of the Rules of the House, ensure that sufficient staff
is made available so that each subcommittee can carry out its
responsibilities under the rules of the Committee and that the
minority party is treated fairly in the appointment of such
staff.
COMPENSATION OF STAFF
(c)(1) Except as provided in paragraph (2), the Chair shall
fix the compensation of all professional and other staff of the
Committee.
(2) The ranking minority member shall fix the compensation
of all professional and other staff provided to the minority
party members of the Committee.
Rule 7.--Budget and Travel
BUDGET
(a)(1) The Chair, in consultation with other members of the
Committee, shall prepare for each Congress a budget providing
amounts for staff, necessary travel, investigation, and other
expenses of the Committee and its subcommittees.
(2) From the amount provided to the Committee in the
primary expense resolution adopted by the House of
Representatives, the Chair, after consultation with the ranking
minority member, shall designate an amount to be under the
direction of the ranking minority member for the compensation
of the minority staff, travel expenses of minority members and
staff, and minority office expenses. All expenses of minority
members and staff shall be paid for out of the amount so set
aside.
TRAVEL
(b)(1) The Chair may authorize travel for any member and
any staff member of the Committee in connection with activities
or subject matters under the general jurisdiction of the
Committee. Before such authorization is granted, there shall be
submitted to the Chair in writing the following:
(A) The purpose of the travel.
(B) The dates during which the travel is to occur.
(C) The names of the States or countries to be
visited and the length of time to be spent in each.
(D) The names of members and staff of the Committee
for whom the authorization is sought.
(2) Members and staff of the Committee shall make a written
report to the Chair on any travel they have conducted under
this subsection, including a description of their itinerary,
expenses, and activities, and of pertinent information gained
as a result of such travel.
(3) Members and staff of the Committee performing
authorized travel on official business shall be governed by
applicable laws, resolutions, and regulations of the House and
of the Committee on House Administration.
Rule 8.--Committee Administration
RECORDS
(a)(1) There shall be a transcript made of each regular
meeting and hearing of the Committee, and the transcript may be
printed if the Chair decides it is appropriate or if a majority
of the members of the Committee requests such printing. Any
such transcripts shall be a substantially verbatim account of
remarks actually made during the proceedings, subject only to
technical, grammatical, and typographical corrections
authorized by the person making the remarks. Nothing in this
paragraph shall be construed to require that all such
transcripts be subject to correction and publication.
(2) The Committee shall keep a record of all actions of the
Committee and of its subcommittees. The record shall contain
all information required by clause 2(e)(1) of rule XI of the
Rules of the House and shall be available for public inspection
at reasonable times in the offices of the Committee.
(3) All Committee hearings, records, data, charts, and
files shall be kept separate and distinct from the
congressional office records of the Chair, shall be the
property of the House, and all Members of the House shall have
access thereto as provided in clause 2(e)(2) of rule XI of the
Rules of the House.
(4) 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 the rule, to withhold a record otherwise available, and
the matter shall be presented to the Committee for a
determination on written request of any member of the
Committee.
COMMITTEE PUBLICATIONS ON THE INTERNET
(b) To the maximum extent feasible, the Committee shall
make its publications available in electronic form.
Committee on Foreign Affairs
TOM LANTOS, California, Chairman
ILEANA ROS-LEHTINEN, Florida, HOWARD L. BERMAN, California
Ranking Member GARY L. ACKERMAN, New York
CHRISTOPHER H. SMITH, New Jersey ENI F. H. FALEOMAVAEGA, American
DAN BURTON, Indiana Samoa
ELTON GALLEGLY, California DONALD M. PAYNE, New Jersey
DANA ROHRABACHER, California BRAD SHERMAN, California
DONALD A. MANZULLO, Illinois ROBERT WEXLER, Florida
EDWARD R. ROYCE, California ELIOT L. ENGEL, New York
STEVE CHABOT, Ohio BILL DELAHUNT, Massachusetts
THOMAS G. TANCREDO, Colorado GREGORY W. MEEKS, New York
RON PAUL, Texas DIANE E. WATSON, California
JEFF FLAKE, Arizona ADAM SMITH, Washington
MIKE PENCE, Indiana RUSS CARNAHAN, Missouri
JOE WILSON, South Carolina JOHN S. TANNER, Tennessee
JOHN BOOZMAN, Arkansas GENE GREEN, Texas*
J. GRESHAM BARRETT, South Carolina LYNN C. WOOLSEY, California
CONNIE MACK, Florida SHEILA JACKSON LEE, Texas
JEFF FORTENBERRY, Nebraska RUBEN HINOJOSA, Texas
MICHAEL T. McCAUL, Texas JOSEPH CROWLEY, New York*
TED POE, Texas DAVID WU, Oregon
BOB INGLIS, South Carolina BRAD MILLER, North Carolina
LUIS G. FORTUNO, Puerto Rico LINDA T. SANCHEZ, California
GUS M. BILIRAKIS, Florida** DAVID SCOTT, Georgia
[VACANCY]*** JIM COSTA, California
ALBIO SIRES, New Jersey
GABRIELLE GIFFORDS, Arizona
RON KLEIN, Florida
----------
*Appointed to the Foreign Affairs Committee on April 19, 2007.
**Appointed to the Foreign Affairs Committee on May 10, 2007, filling a
vacancy created by the May 15, 2007 resignation of Rep. Thaddeus
McCotter.
***Vacancy created by the death of Rep. Jo Ann Davis on October 6,
2007.
(Adopted January 23, 2007)
Rule 1.--General Provisions
The Rules of the House of Representatives, and in
particular, the committee rules enumerated in clause 2 of rule
XI, are the rules of the Committee on Foreign Affairs
(hereafter referred to as the ``Committee''), to the extent
applicable. A motion to recess and a motion to dispense with
the first reading (in full) of a bill or resolution, if printed
copies are available, are privileged non-debatable motions in
Committee. The Chairman of the Committee on Foreign Affairs
(hereinafter referred to as the ``Chairman'') shall consult the
Ranking Minority Member to the extent possible with respect to
the business of the Committee. Each subcommittee of the
Committee is a part of the Committee and is subject to the
authority and direction of the Committee and to its rules, to
the extent applicable.
Rule 2.--Date of Meeting
The regular meeting date of the Committee shall be the
first Tuesday of every month when the House of Representatives
is in session pursuant to clause 2(b) of rule XI of the House
of Representatives. Additional meetings may be called by the
Chairman as he may deem necessary or at the request of a
majority of the Members of the Committee in accordance with
clause 2(c) of rule XI of the House of Representatives. The
determination of the business to be considered at each meeting
shall be made by the Chairman subject to clause 2(c) of rule XI
of the House of Representatives. A regularly scheduled meeting
need not be held if, in the judgment of the Chairman, there is
no business to be considered.
Rule 3.--Quorum
For purposes of taking testimony and receiving evidence,
two Members shall constitute a quorum, and the Chairman of the
Full Committee or subcommittee shall make every effort to
ensure that the relevant Ranking Minority Member or another
Minority Member is present at the time a hearing is convened.
One-third of the Members of the Committee shall constitute
quorum for taking any action, except: (1) reporting a measure
or recommendation; (2) closing Committee meetings and hearings
to the public; (3) authorizing the issuance of subpoenas; and
(4) any other action for which an actual majority quorum is
required by any rule of the House of Representatives or by law.
No measure or recommendation shall be reported to the House of
Representatives unless a majority of the Committee is actually
present. A record vote may be demanded by one-fifth of the
Members present or, in the apparent absence of a quorum, by any
one Member.
Rule 4.--Meetings and Hearings Open to the Public
(a) Meetings.--(1) Each meeting for the transaction of
business, including the markup of legislation, of the Committee
or a subcommittee shall be open to the public except when the
Committee or subcommittee, in open session and with a majority
present, determines by record vote that all or part of the
remainder of the meeting on that day shall be closed to the
public, because disclosure of matters to be considered would
endanger national security, would compromise sensitive law
enforcement information, or would tend to defame, degrade or
incriminate any person or otherwise violate any labor rule of
the House of Representatives. No person other than Members of
the Committee and such congressional staff and departmental
representatives as the Committee or subcommittee may authorize
shall be present at any business or markup session which has
been closed to the public. This subsection does not apply to
open Committee hearings which are provided for by subsection
(b) of this rule.
(2) 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. When exercising
postponement authority, the Chairman shall take all reasonable
steps necessary 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.
(b) Hearings.--(1) Each hearing conducted by the Committee
or a subcommittee shall be open to the public except when the
Committee or subcommittee, in open session and with a majority
present, determines by record vote that all or part of the
remainder of that hearing on that day should be closed to the
public because disclosure of testimony, evidence or other
matters to be considered would endanger the national security,
would compromise sensitive law enforcement information, or
otherwise would violate any law or rule of the House of
Representatives. Notwithstanding the preceding sentence, a
majority of those present, there being in attendance the
requisite number required under the rules of the Committee to
be present for the purpose of taking testimony--
(A) may vote to close the hearing for the sole
purpose of discussing whether testimony or evidence to
be received would endanger the national security, would
compromise sensitive law enforcement information, or
violate paragraph (2) of this subsection; or
(B) May vote to close the hearing, as provided in
paragraph (2) of this subsection.
(2) Whenever it is asserted by a Member of the Committee
that the evidence or testimony at a hearing may tend to defame,
degrade, or incriminate any person, or it is asserted by a
witness that the evidence or testimony that the witness would
give at a hearing may tend to defame, degrade, or incriminate
the witness--
(A) such testimony or evidence shall be presented in
executive session, notwithstanding the provisions of
paragraph (1) of this subsection, if by a majority of
those present, there being in attendance the requisite
number required under the rules of the Committee to be
present for the purpose of taking testimony, the
Committee or subcommittee determines that such evidence
or testimony may tend to defame, degrade, or
incriminate any person; and
(B) The Committee or subcommittee shall proceed to
receive such testimony in open session only if the
Committee, a majority being present, determines that
such evidence or testimony will not tend to defame,
degrade, or incriminate any person.
(3) No Member of the House of Representatives may be
excluded from non-participatory attendance at any hearing of
the Committee or a subcommittee unless the House of
Representatives has by majority vote authorized the Committee
or subcommittee, for purposes of a particular series of
hearings, on a particular article of legislation or on a
particular subject of investigation, to close its hearings to
Members by the same procedures designated in this subsection
for closing hearings to the public.
(4) The Committee or a subcommittee may by the procedure
designated in this subsection vote to close one (1) subsequent
day of hearing.
(5) No congressional staff shall be present at any meeting
or hearing of the Committee or a subcommittee that has been
closed to the public, and at which classified information will
be involved, unless such person is authorized access to such
classified information in accordance with rule XX of the House
of Representatives.
Rule 5.--Announcement of Hearings and Markups
(a) Hearings.--Public announcement shall be made of the
date, place, and subject matter of any hearing to be conducted
by the Committee or a subcommittee at the earliest possible
date, and in any event at least one (1) week before the
commencement of that hearing. If the Chairman of the Committee
or the subcommittee, with the concurrence of the Ranking
Minority Member, determines that there is good cause to begin a
hearing sooner, or if the Committee or subcommittee so
determines by majority vote in the presence of the number of
members required under the rules of the Committee for the
taking of action, the Chairman of the Committee shall make the
announcement at the earliest possible date.
(b) Markups and Other Meetings To Transact Business.--The
Chairman or subcommittee chairman may call or convene, as he
considers necessary, meetings of the Committee or subcommittee
for the consideration of a bill or resolution pending before
the Committee or subcommittee, as the case may be, or for the
conduct of other Committee or subcommittee business. Public
announcement shall be made of the date, place and subject
matter of any markup or other meeting to conduct business at
the earliest possible date, and in any event at least one (1)
week before the commencement of such markup or meeting, unless
the Chairman or subcommittee Chairman determines, in
consultation with the Ranking Minority Member, that there is
good cause to begin such a markup or meeting on an earlier
date. If such determination is made, the Chairman of the
Committee shall make the announcement at the earliest possible
date. The agenda for each Committee and subcommittee markup or
other meeting to transact business, setting out all items of
business to be considered, including whenever possible a copy
of any bill or other document scheduled for markup, shall be
furnished to each Committee or subcommittee Member by delivery
to the Member's office at least 24 hours (excluding Saturdays,
Sundays, and legal holidays) before the meeting. Bills on
subjects not listed on such agenda shall be subject to a point
of order unless their consideration is agreed to by a two-
thirds vote of the Committee or subcommittee, or by the
Chairman of the Committee or subcommittee, with the concurrence
of the Ranking Minority Member.
(c) Publication.--Public announcement of all hearings and
markups shall be published in the Daily Digest portion of the
Congressional Record. Members shall be notified by the Chief of
Staff of all meetings (including markups and hearings) and
briefings of subcommittees and of the Full Committee.
Rule 6.--Witnesses
(a) Interrogation of Witnesses.--(1) In so far as
practicable, witnesses shall be permitted to present their oral
statements without interruption subject to reasonable time
constraints imposed by the Chairman, with questioning by the
Committee Members taking place afterward. Members should
refrain from questions until such statements are completed.
(2) In recognizing Members, the Chairman shall, to the
extent practicable, give preference to the Members on the basis
of their arrival at the hearing, taking into consideration the
majority and minority ratio of the Members actually present. A
Member desiring to speak or ask a question shall address the
Chairman and not the witness.
(3) Subject to paragraph (4), each Member may interrogate
the witness for 5 minutes, the reply of the witness being
included in the 5-minute period. After all Members have had an
opportunity to ask questions, the round shall begin again under
the 5-minute rule.
(4) Notwithstanding paragraph (3), the Chairman, with the
concurrence of the Ranking Minority Member, may permit one (1)
or more majority Members of the Committee designated by the
Chairman to question a witness for a specified period of not
longer than 30 minutes. On such occasions, an equal number of
minority Members of the Committee designated by the Ranking
Minority Member shall be permitted to question the same witness
for the same period of time. Committee staff may be permitted
to question a witness for equal specified periods either with
the concurrence of the Chairman and Ranking Minority Member or
by motion. However, in no case may questioning by Committee
staff proceed before each Member of the Committee who wishes to
speak under the 5-minute rule has had one opportunity to do so.
(b) Statements of Witnesses.--Each witness who is to appear
before the Committee or a subcommittee is required to file with
the clerk of the Committee, at least two (2) working days in
advance of his or her appearance, sufficient copies, as
determined by the Chairman of the Committee or subcommittee, of
his or her proposed testimony to provide to Members and staff
of the Committee or subcommittee, the news media, and the
general public. The witness shall limit his or her oral
presentation to a brief summary of his or her testimony. In the
case of a witness appearing in a nongovernmental capacity, a
written statement of proposed testimony shall, to the extent
practicable, include a curriculum vitae and a disclosure of the
amount and source (by agency and program) of any Federal grant
(or subgrant thereof) or contract (or subcontract thereof)
received during the current fiscal year or either of the two
previous fiscal years by the witness or by an entity
represented by the witness, to the extent that such information
is relevant to the subject matter of, and the witness'
representational capacity at, the hearing.
To the extent practicable, each witness should provide the
text of his or her proposed testimony in machine-readable form,
along with any attachments and appendix materials.
The Committee or subcommittee shall notify Members at least
two working days in advance of a hearing of the availability of
testimony submitted by witnesses.
The requirements of this subsection or any part thereof may
be waived by the Chairman of the Committee or subcommittee, or
the presiding Member, or the Ranking Member of the Committee or
subcommittee as it relates to witnesses who are called by the
minority to testify, provided that the witness or the Chairman
or Ranking Minority Member has submitted, prior to the
witness's appearance, a written explanation to the reasons
testimony has not been made available to the Committee or
subcommittee. In the event a witness who is not an official of
the U.S. Government neither submits his or her testimony at
least two working days in advance of his or her appearance nor
has a written explanation been submitted as to prior
availability, the witness shall be released from testifying
unless a majority of the Committee or subcommittee votes to
accept his or her testimony.
(c) Oaths.--The Chairman, or any Member of the Committee
designated by the Chairman, may administer oaths to any witness
appearing before the Committee.
Rule 7.--Preparation and Maintenance of Committee Records
An accurate stenographic record shall be made of all
hearings and markup sessions. Members of the Committee and any
witness may examine the transcript of his or her own remarks
and may make any grammatical or technical changes that do not
substantively alter the record. Any such Member or witness
shall return the transcript to the Committee offices within
five (5) calendar days (not including Saturdays, Sundays, and
legal holidays) after receipt of the transcript, or as soon
thereafter as is practicable.
Any information supplied for the record at the request of a
Member of the Committee shall be provided to the Member when
received by the Committee.
Transcripts of hearings and markup sessions (except for the
record of a meeting or hearing which is closed to the public)
shall be printed as soon as is practicable after receipt of the
corrected versions, except that the Chairman may order the
transcript of a hearing to be printed without the corrections
of a Member or witness if the Chairman determines that such
Member or witness has been afforded a reasonable time to
correct such transcript and such transcript has not been
returned within such time.
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 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 the
rule, 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 8.--Extraneous Material in Committee Hearings Prints
No extraneous material shall be printed in either the body
or appendices of any Committee or subcommittee hearing, except
matter which has been accepted for inclusion in the record
during the hearing or by agreement of the Chairman and Ranking
Minority Member of the Committee or subcommittee within five
calendar days of the hearing. Copies of bills and other
legislation under consideration and responses to written
questions submitted by Members shall not be considered
extraneous material.
Extraneous material in either the body or appendices of any
hearing to be printed which would be in excess of eight (8)
printed pages (for any one submission) shall be accompanied by
a written request to the Chairman. Such written request shall
contain an estimate in writing from the Public Printer of the
probable cost of publishing such material.
Rule 9.--Public Availability of Committee Votes
The result of each record vote in any meeting of the
Committee shall be made available for inspection by the public
at reasonable times at the Committee offices. Such result shall
include a description of the amendment, motion, order, or other
proposition, the name of each Member voting for and against,
and the Members present but not voting.
Rule 10.--Proxies
Proxy voting is not permitted in the Committee or in
subcommittees.
Rule 11.--Reports
(a) Reports on Bills and Resolutions.--To the extent
practicable, not later than 24 hours before a report is to be
filed with the Clerk of the House on a measure that has been
ordered reported by the Committee, the Chairman shall make
available for inspection by all Members of the Committee a copy
of the draft Committee report in order to afford Members
adequate information and the opportunity to draft and file any
supplemental, minority or additional views which they may deem
appropriate.
With respect to each record vote on a motion to report any
measure or matter of a public character, and on any amendment
offered to the measure or matter, the total number of votes
cast for and against, and the names of those Members voting for
and against, shall be included in any Committee report on the
measure or matter.
(b) Prior Approval of Certain Reports.--No Committee,
subcommittee, or staff report, study, or other document which
purports to express publicly the views, findings, conclusions,
or recommendations of the Committee or a subcommittee may be
released to the public or filed with the Clerk of the House
unless approved by a majority of the Committee or subcommittee,
as appropriate. A proposed investigative or oversight report
shall be considered as read if it has been available to Members
of the Committee for at least 24 hours (excluding Saturdays,
Sundays, or legal holidays except when the House is in session
on such a day). In any case in which clause 2(l) of rule XI and
clause 3(a)(1) of rule XIII of the House of Representatives
does not apply, each Member of the Committee or subcommittee
shall be given an opportunity to have views or a disclaimer
included as part of the material filed or released, as the case
maybe.
(c) Foreign Travel Reports.--At the same time that the
report required by clause 8(b)(3) of rule X of the House of
Representatives, regarding foreign travel reports, is submitted
to the Chairman, Members and employees of the Committee shall
provide a report to the Chairman listing all official meetings,
interviews, inspection tours and other official functions in
which the individual participated, by country and date. Under
extraordinary circumstances, the Chairman may waive the listing
in such report of an official meeting, interview, inspection
tour, or other official function. The report shall be
maintained in the Full Committee offices and shall be available
for public inspection during normal business hours.
Rule 12.--Reporting Bills and Resolutions
Except in unusual circumstances, bills and resolutions will
not be considered by the Committee unless and until the
appropriate subcommittee has recommended the bill or resolution
for Committee action, and will not be taken to the House of
Representatives for action unless and until the Committee has
ordered reported such bill or resolution, a quorum being
present.
Except in unusual circumstances, a bill or resolution
originating in the House of Representatives that contains
exclusively findings and policy declarations or expressions of
the sense of the House of Representatives or the sense of the
Congress shall not be considered by the Committee or a
subcommittee unless such bill or resolution has at least 25
House co-sponsors, at least 10 of whom are Members of the
Committee.
For purposes of this rule, unusual circumstances will be
determined by the Chairman, after consultation with the Ranking
Minority Member and such other Members of the Committee as the
Chairman deems appropriate.
The Chairman is directed to offer a motion under clause 1
of rule XXII of the Rules of the House whenever the Chairman
considers it appropriate.
Rule 13.--Staff Services
The Committee staff shall be selected and organized so that
it can provide a comprehensive range of professional services
in the field of foreign affairs to the Committee, the
subcommittees, and all its Members. The staff shall include
persons with training and experience in foreign affairs, making
available to the Committee individuals with knowledge of major
countries, areas, and U.S. overseas programs and operations.
Subject to clause 9 of rule X of the House of
Representatives, the staff of the Committee, except as provided
in paragraph (c), shall be appointed, and may be removed, by
the Chairman with the approval of the majority of the Members
in the majority party of the Committee. Their remuneration
shall be fixed by the Chairman, and they shall work under the
general supervision and direction of the Chairman. Staff
assignments are to be authorized by the Chairman or by the
Chief of Staff under the direction of the Chairman.
Subject to clause 9 of rule X of the House of
Representatives, the staff of the Committee assigned to the
minority shall be appointed, their remuneration determined, and
may be removed, by the Ranking Minority Member with the
approval of the majority of the minority party Members of the
Committee. No minority staff person shall be compensated at a
rate which exceeds that paid his or her majority staff
counterpart. Such staff shall work under the general
supervision and direction of the Ranking Minority Member with
the approval or consultation of the minority Members of the
Committee.
The Chairman shall ensure that sufficient staff is made
available to each subcommittee to carry out its
responsibilities under the rules of the Committee. The Chairman
shall ensure that the minority party is fairly treated in the
appointment of such staff.
Rule 14.--Number and Jurisdiction of Subcommittees
(a) Full Committee.--The Full Committee will be responsible
for oversight and legislation relating to: foreign assistance
(including development assistance, Millennium Challenge
Corporation, the Millennium Challenge Account, HIV/AIDS in
foreign countries, security assistance, and Public Law 480
programs abroad); the Peace Corps; national security
developments affecting foreign policy; strategic planning and
agreements; war powers, treaties, executive agreements, and the
deployment and use of United States Armed Forces; peacekeeping,
peace enforcement, and enforcement of United Nations or other
international sanctions; arms control and disarmament issues;
the United States Agency for International Development;
activities and policies of the State, Commerce and Defense
Departments and other agencies related to the Arms Export
Control Act, and the Foreign Assistance Act including export
and licensing policy for munitions items and technology and
dual-use equipment and technology; international law; promotion
of democracy; international law enforcement issues, including
narcotics control programs and activities; Broadcasting Board
of Governors; embassy security; international broadcasting;
public diplomacy, including international communication,
information policy, international education, and cultural
programs; and all other matters not specifically assigned to a
subcommittee. The Full Committee will have jurisdiction over
legislation with respect to the administration of the Export
Administration Act, including the export and licensing of dual-
use equipment and technology and other matters related to
international economic policy and trade not otherwise assigned
to a subcommittee and with respect to the United Nations, its
affiliated agencies and other international organizations,
including assessed and voluntary contributions to such
organizations. The Full Committee may conduct oversight with
respect to any matter within the jurisdiction of the Committee
as defined in the Rules of the House of Representatives.
(b) Subcommittees.--There shall be seven (7) standing
subcommittees. The names and jurisdiction of those
subcommittees shall be as follows:
(1) Functional Subcommittees.--There shall be two
subcommittees with functional jurisdiction:
Subcommittee on Terrorism, Nonproliferation,
and Trade.--Oversight and legislative
responsibilities over the United States efforts
to manage and coordinate international programs
to combat terrorism as coordinated by the
Department of State and other agencies,
including diplomatic, economic, and military
assistance programs in areas designed to
prevent terrorism, and efforts intended to
identify, arrest, and bring international
terrorists to justice. Oversight of, and (to
the degree applicable to matters outside the
Foreign Assistance Act, the Arms Export Control
Act, the Export Administration Act, sanctions
laws pertaining to individual countries and the
provision of foreign assistance) legislation
pertaining to: nonproliferation including
matters relating to arms transfer policy;
export control policy including the transfer of
dual-use equipment and technology; matters
involving nuclear, chemical, biological and
other weapons of mass destruction; and
legislation aimed at the promotion of sanctions
and other nonproliferation matters generally.
Oversight of matters relating to international
economic and trade policy; commercial
intercourse with foreign countries;
international investment policy; the Overseas
Private Investment Corporation and the Trade
and Development Agency; commodity agreements;
and special oversight of international
financial and monetary institutions; the
Export-Import Bank, and customs. Legislative
jurisdiction over measures related to export
promotion and measures related to the Overseas
Private Investment Corporation and the Trade
and Development Agency.
Subcommittee on International Organizations,
Human Rights, and Oversight.--With the
concurrence of the Full Committee Chairman,
oversight and investigations of all matters
within the jurisdiction of the Committee.
Responsibility for oversight of, and (to the
degree applicable to matters outside the
Foreign Assistance Act, the Arms Export Control
Act, the Export Administration Act, and the
provision of foreign assistance) legislation
pertaining to implementation of the Universal
Declaration of Human Rights, and other matters
relating to internationally-recognized human
rights, including sanctions legislation aimed
at the promotion of human rights and democracy
generally; parliamentary conferences and
exchanges; the American Red Cross; and the
United Nations, its affiliated agencies and
other international organizations, including
assessed and voluntary contributions to such
organizations.
(2) Regional Subcommittees.--There shall be five
subcommittees with regional jurisdiction: the
Subcommittee on Europe; the Subcommittee on the Middle
East and South Asia; the Subcommittee on the Western
Hemisphere; the Subcommittee on Africa and Global
Health; and the Subcommittee on Asia, the Pacific, and
the Global Environment (including the Central Asian
republics). Two of the regional subcommittees, the
Subcommittee on Africa and Global Health and the
Subcommittee on Asia, the Pacific, and the Global
Environment, shall also have functional jurisdiction.
The regional subcommittees shall have jurisdiction
over the following within their respective regions:
(1) Matters affecting the political relations
between the United States and other countries
and regions, including resolutions or other
legislative measures directed to such
relations.
(2) Legislation with respect to disaster
assistance outside the Foreign Assistance Act,
boundary issues, and international claims.
(3) Legislation with respect to region- or
country-specific loans or other financial
relations outside the Foreign Assistance Act.
(4) Resolutions of disapproval under section
36(b) of the Arms Export Control Act, with
respect to foreign military sales.
(5) Legislation and oversight regarding human
rights practices in particular countries.
(6) Oversight of regional lending
institutions.
(7) Oversight of matters related to the
regional activities of the United Nations, of
its affiliated agencies, and of other
multilateral institutions.
(8) Identification and development of options
for meeting future problems and issues relating
to U.S. interests in the region.
(9) Base rights and other facilities access
agreements and regional security pacts.
(10) Oversight of matters relating to
parliamentary conferences and exchanges
involving the region.
(11) Concurrent oversight jurisdiction with
respect to matters assigned to the functional
subcommittees insofar as they may affect the
region.
(12) Oversight of all foreign assistance
activities affecting the region.
(13) Such other matters as the Chairman of
the Full Committee may determine.
Subcommittee on Africa and Global Health.--In
addition to its regional jurisdiction,
responsibility for oversight of international
health issues, including transboundary
infectious diseases and programs related to
enhancing global capacity to address health
issues.
Subcommittee on Asia, the Pacific, and the
Global Environment.--In addition to its
regional jurisdiction, responsibility for
oversight of international environmental
policy, international fishing agreements and
scientific developments affecting foreign
policy.
Rule 15.--Powers and Duties of Subcommittees
Each subcommittee is authorized to meet, hold hearings,
receive evidence, and report to the Full Committee on all
matters referred to it. Subcommittee chairmen shall set meeting
dates after consultation with the Chairman, other subcommittee
chairmen, the relevant Ranking Minority Member and other
appropriate Members, with a view toward minimizing scheduling
conflicts. It shall be the practice of the Committee that
meetings of subcommittees not be scheduled to occur
simultaneously with meetings of the Full Committee.
In order to ensure orderly administration and fair
assignment of hearing and meeting rooms, the subject, time, and
location of hearings and meetings shall be arranged in advance
with the Chairman through the Chief of Staff of the Committee.
The Chairman of the Full Committee shall designate a Member
of the majority party on each subcommittee as its vice
chairman.
The Chairman and the Ranking Minority Member may attend the
meetings and participate in the activities of all subcommittees
of which they are not Members, except that they may not vote or
be counted for a quorum in such subcommittees.
Rule 16.--Referral of Bills by Chairman
In accordance with rule 14 of the Committee and to the
extent practicable, all legislation and other matters referred
to the Committee shall be referred by the Chairman to a
subcommittee of primary jurisdiction within two (2) weeks. In
accordance with rule 14 of the Committee, legislation may also
be referred to additional subcommittees for consideration.
Unless otherwise directed by the Chairman, such subcommittees
shall act on or be discharged from consideration of legislation
that has been approved by the subcommittee of primary
jurisdiction within two (2) weeks of such action. In referring
any legislation to a subcommittee, the Chairman may specify a
date by which the subcommittee shall report thereon to the Full
Committee.
The Subcommittee on International Organizations, Human
Rights and Oversight and the subcommittees with regional
jurisdiction shall have joint jurisdiction over legislation
regarding human rights practices in particular countries within
the region.
The Chairman may designate a subcommittee chairman or other
Member to take responsibility as manager of a bill or
resolution during its consideration in the House of
Representatives.
Rule 17.--Party Ratios on Subcommittees and Conference Committees
The majority party caucus of the Committee shall determine
an appropriate ratio of majority to minority party Members for
each subcommittee. Party representation on each subcommittee or
conference committee shall be no less favorable to the majority
party than the ratio for the Full Committee. The Chairman and
the Ranking Minority Member are authorized to negotiate matters
affecting such ratios including the size of subcommittees and
conference committees.
Rule 18.--Subcommittee Funding and Records
Each subcommittee shall have adequate funds to discharge
its responsibility for legislation and oversight.
In order to facilitate Committee compliance with clause
2(e)(1) of rule XI of the House of Representatives, each
subcommittee shall keep a complete record of all subcommittee
actions which shall include a record of the votes on any
question on which a record vote is demanded. The result of each
record vote shall be promptly made available to the Full
Committee for inspection by the public in accordance with rule
9 of the Committee.
All subcommittee hearings, records, data, charts, and files
shall be kept distinct from the congressional office records of
the Member serving as chairman of the subcommittee.
Subcommittee records shall be coordinated with the records of
the Full Committee, shall be the property of the House, and all
Members of the House shall have access thereto.
Rule 19.--Meetings of Subcommittee Chairmen
The Chairman shall call a meeting of the subcommittee
chairmen on a regular basis not less frequently than once a
month. Such a meeting need not be held if there is no business
to conduct. It shall be the practice at such meetings to review
the current agenda and activities of each of the subcommittees.
Rule 20.--Access to Classified Information
(a) Authorized Persons.--In accordance with the
stipulations of the Rules of the House of Representatives, all
Members of the House who have executed the oath required by
clause 13 of rule XXIII of the House of Representatives shall
be authorized to have access to classified information within
the possession of the Committee.
Members of the Committee staff shall be considered
authorized to have access to classified information within the
possession of the Committee when they have the proper security
clearances, when they have executed the oath required by clause
13 of rule XXIII of the House of Representatives, and when they
have a demonstrable need to know. The decision on whether a
given staff member has a need to know will be made on the
following basis:
(1) In the case of the Full Committee majority staff,
by the Chairman, acting through the Chief of Staff;
(2) In the case of the Full Committee minority staff,
by the Ranking Minority Member of the Committee, acting
through the Minority Chief of Staff;
(3) In the case of subcommittee majority staff, by
the chairman of the subcommittee;
(4) In the case of the subcommittee minority staff,
by the Ranking Minority Member of the subcommittee. No
other individuals shall be considered authorized
persons, unless so designated by the Chairman.
(b) Designated Persons.--Each Committee Member is permitted
to designate one member of his or her staff as having the right
of access to information classified confidential. Such
designated persons must have the proper security clearance,
have executed the oath required by clause 13 of rule XXIII of
the House of Representatives, and have a need to know as
determined by his or her principal. Upon request of a Committee
Member in specific instances, a designated person also shall be
permitted access to information classified secret which has
been furnished to the Committee pursuant to section 36 of the
Arms Export Control Act, as amended. Upon the written request
of a Committee Member and with the approval of the Chairman in
specific instances, a designated person may be permitted access
to other classified materials. Designation of a staff person
shall be by letter from the Committee Member to the Chairman.
(c) Location.--Classified information will be stored in
secure safes in the Committee rooms. All materials classified
top secret must be stored in a Secure Compartmentalized
Information Facility (SCIF).
(d) Handling.--Materials classified confidential or secret
may be taken from Committee offices to other Committee offices
and hearing rooms by Members of the Committee and authorized
Committee staff in connection with hearings and briefings of
the Committee or its subcommittees for which such information
is deemed to be essential. Removal of such information from the
Committee offices shall be only with the permission of the
Chairman under procedures designed to ensure the safe handling
and storage of such information at all times. Except as
provided in this paragraph, top secret materials may not be
taken from the SCIF for any purpose, except that such materials
may be taken to hearings and other meetings that are being
conducted at the top secret level when necessary. Top secret
materials may otherwise be used under conditions approved by
the Chairman after consultation with the Ranking Minority
Member.
(e) Notice.--Appropriate notice of the receipt of
classified documents received by the Committee from the
Executive Branch will be sent promptly to Committee Members
through the Survey of Activities or by other means.
(f) Access.--Except as provided for above, access to
materials classified top secret or otherwise restricted held by
the Committee will be in the SCIF. The following procedures
will be observed:
(1) Authorized or designated persons will be admitted
to the SCIF after inquiring of the Chief of Staff or an
assigned staff member. Access to the SCIF will be
afforded during regular Committee hours.
(2) Authorized or designated persons will be required
to identify themselves, to identify the documents or
information they wish to view, and to sign the
Classified Materials Log, which is kept with the
classified information.
(3) The assigned staff member will be responsible for
maintaining a log which identifies: (1) authorized and
designated persons seeking access, (2) the classified
information requested, and (3) the time of arrival and
departure of such persons. The assigned staff member
will also assure that the classified materials are
returned to the proper location.
(4) The Classified Materials Log will contain a
statement acknowledged by the signature of the
authorized or designated person that he or she has read
the Committee rules and will abide by them.
(g) Divulgence.--Classified information provided to the
Committee by the Executive Branch shall be handled in
accordance with the procedures that apply within the Executive
Branch for the protection of such information. Any classified
information to which access has been gained through the
Committee may not be divulged to any unauthorized person.
Classified material shall not be photocopied or otherwise
reproduced. In no event shall classified information be
discussed in a non-secure environment. Apparent violations of
this rule should be reported as promptly as possible to the
Chairman for appropriate action.
(h) Other Regulations.--The Chairman, after consultation
with the Ranking Minority Member, may establish such additional
regulations and procedures as in his judgment may be necessary
to safeguard classified information under the control of the
Committee. Members of the Committee will be given notice of any
such regulations and procedures promptly. They may be modified
or waived in any or all particulars by a majority vote of the
Full Committee.
Rule 21.--Broadcasting of Committee Hearings and Meetings
All Committee and subcommittee meetings or hearings which
are open to the public may be covered, in whole or in part, by
television broadcast, radio broadcast, and still photography,
or by any such methods of coverage in accordance with the
provisions of clause 3 of House rule XI.
The Chairman or subcommittee chairman shall determine, in
his or her discretion, the number of television and still
cameras permitted in a hearing or meeting room, but shall not
limit the number of television or still cameras to fewer than
two (2) representatives from each medium.
Such coverage shall be in accordance with the following
requirements contained in section 116(b) of the Legislative
Reorganization Act of 1970, and clause 4 of XI of the Rules of
the House of Representatives:
(a) If the television, Internet or radio coverage of the
hearing or meeting is to be presented to the public as live
coverage, that coverage shall be conducted and presented
without commercial sponsorship.
(b) No witness served with a subpoena by the Committee
shall be required against his will to be photographed at any
hearing or to give evidence or testimony while the broadcasting
of that hearing, by radio or television is being conducted. At
the request of any such witness who does not wish to be
subjected to radio, television, Internet or still photography
coverage, all lenses shall be covered and all microphones used
for coverage turned off. This subparagraph is supplementary to
clause 2(k)(5) of rule XI of the Rules of the House of
Representatives relating to the protection of the rights of
witnesses.
(c) The allocation among cameras permitted by the Chairman
or subcommittee chairman in a hearing room shall be in
accordance with fair and equitable procedures devised by the
Executive Committee of the Radio and Television Correspondents'
Galleries.
(d) Television cameras shall be placed so as not to
obstruct in any way the space between any witness giving
evidence or testimony and Member of the Committee or its
subcommittees or the visibility of that witness and that Member
to each other.
(e) Television cameras shall operate from fixed positions
but shall not be placed in positions which obstruct
unnecessarily the coverage of the hearing by the other media.
(f) Equipment necessary for coverage by the television and
radio media shall not be installed in, or removed from, the
hearing or meeting room while the Committee or subcommittee is
in session.
(g) Floodlights, spotlights, strobe lights, and flashguns
shall not be used in providing any method of coverage of the
hearing or meeting, except that the television media may
install additional lighting in the hearing room, without cost
to the Government, in order to raise the ambient lighting level
in the hearing room to the lowest level necessary to provide
adequate television coverage of the hearing or meeting at the
current state-of-the-art level of television coverage.
(h) In the allocation of the number of still photographers
permitted by the Chairman or subcommittee chairman in a hearing
or meeting room, preference shall be given to photographers
from Associated Press Photos, United Press International News
pictures, and Reuters. If requests are made by more of the
media than will be permitted by the Chairman or subcommittee
chairman for coverage of the hearing or meeting by still
photography, that coverage shall be made on the basis of a fair
and equitable pool arrangement devised by the Standing
Committee of Press Photographers.
(i) Photographers shall not position themselves, at any
time during the course of the hearing or meeting, between the
witness table and the Members of the Committee or its
subcommittees.
(j) Photographers shall not place themselves in positions
which obstruct unnecessarily the coverage of the hearing by the
other media.
(k) Personnel providing coverage by the television and
radio media shall be currently accredited to the Radio and
Television Correspondents' Galleries.
(l) Personnel providing coverage by still photography shall
be currently accredited to the Press Photographers' Gallery
Committee of Press Photographers.
(m) Personnel providing coverage by the television and
radio media and by still photography shall conduct themselves
and their coverage activities in an orderly and unobtrusive
manner.
Rule 22.--Subpoena Powers
A subpoena may be authorized and issued by the Chairman, in
accordance with clause 2(m) of rule XI of the House of
Representatives, in the conduct of any investigation or
activity or series of investigations or activities within the
jurisdiction of the Committee, following consultation with the
Ranking Minority Member.
In addition, a subpoena may be authorized and issued by the
Committee or its subcommittees in accordance with clause 2(m)
of rule XI of the House of the Representatives, in the conduct
of any investigation or activity or series of investigations or
activities, when authorized by a majority of the Members
voting, a majority of the Committee or subcommittee being
present.
Authorized subpoenas shall be signed by the Chairman or by
any Member designated by the Committee.
Rule 23.--Recommendation for Appointment of Conferees
Whenever the Speaker is to appoint a conference committee,
the Chairman shall recommend to the Speaker as conferees those
Members of the Committee who are primarily responsible for the
legislation (including to the full extent practicable the
principal proponents of the major provisions of the bill as it
passed the House), who have actively participated in the
Committee or subcommittee consideration of the legislation, and
who agree to attend the meetings of the conference. With regard
to the appointment of minority Members, the Chairman shall
consult with the Ranking Minority Member.
Rule 24.--General Oversight
Not later than February 15th of the first session of a
Congress, the Committee shall meet in open session, with a
quorum present, to adopt its oversight plans for that Congress
for submission to the Committee on House Oversight and the
Committee on Oversight and Government Reform, in accordance
with the provisions of clause 2(d) of rule X of the House of
Representatives.
Rule 25.--Other Procedures and Regulations
The Chairman, in consultation with the Ranking Minority
Member, may establish such other procedures and take such
actions as may be necessary to carry out the foregoing rules or
to facilitate the effective operation of the Committee. Any
additional procedures or regulations may be modified or
rescinded in any or all particulars by a majority vote of the
Full Committee.
Committee on Homeland Security
BENNIE G. THOMPSON, Mississippi,
Chairman
PETER T. KING, New York, LORETTA SANCHEZ, California, Vice
Ranking Member Chairwoman
LAMAR S. SMITH, Texas EDWARD J. MARKEY, Massachusetts
CHRISTOPHER SHAYS, Connecticut NORMAN D. DICKS, Washington
MARK E. SOUDER, Indiana JANE HARMAN, California
TOM DAVIS, Virginia PETER A. DeFAZIO, Oregon
DANIEL E. LUNGREN, California NITA M. LOWEY, New York
MIKE ROGERS, Alabama ELEANOR HOLMES NORTON,
BOBBY JINDAL, Louisiana District of Columbia
DAVE G. REICHERT, Washington ZOE LOFGREN, California
MICHAEL T. McCAUL, Texas SHEILA JACKSON-LEE, Texas
CHARLIE DENT, Pennsylvania DONNA M. CHRISTENSEN, US Virgin
GINNY BROWN-WAITE, Florida Islands
GUS M. BILIRAKIS, Florida BOB ETHERIDGE, North Carolina
DAVID DAVIS, Tennessee JAMES R. LANGEVIN, Rhode Island
PAUL C. BROUN, Georgia* HENRY CUELLAR, Texas
CHRISTOPHER P. CARNEY,
Pennsylvania
YVETTE D. CLARKE, New York
AL GREEN, Texas
ED PERLMUTTER, Colorado
BILL PASCRELL, New Jersey***
----------
*Appointed to the Homeland Security Committee on July 25, 2007
following his election in a special election.
**Kevin McCarthy was appointed to the Homeland Security Committee on
March 12, 2007, filling a vacancy created by the resignation of Rep.
Marsha Blackburn effective that same day. He resigned from the
Committee July 27, 2007.
***Appointed to the Homeland Security Committee on September 20, 2007.
(Adopted January 23, 2007)
Rule I.--General Provisions
(A) Applicability of the Rules of the U.S. House of
Representatives.--The Rules of the U.S. House of
Representatives (the ``House'') are the rules of the Committee
on Homeland Security (the ``Committee'') and its subcommittees
insofar as applicable.
(B) Applicability to Subcommittees.--Except where the terms
``Full Committee'' and ``subcommittee'' are specifically
mentioned, the following rules shall apply to the Committee's
subcommittees and their respective Chairmen and Ranking
Minority Members to the same extent as they apply to the Full
Committee and its Chairman and Ranking Minority Member.
(C) Appointments by the Chairman.--The Chairman shall
designate a Member of the Majority party to serve as Vice
Chairman of the Full Committee. The Vice Chairman of the Full
Committee shall preside at any meeting or hearing of the Full
Committee during the temporary absence of the Chairman. In the
absence of both the Chairman and Vice Chairman, the Chairman's
designee shall preside.
(D) Recommendation of Conferees.--Whenever the Speaker of
the House is to appoint a conference committee on a matter
within the jurisdiction of the Full Committee, the Chairman
shall recommend to the Speaker of the House conferees from the
Full Committee. In making recommendations of Minority Members
as conferees, the Chairman shall do so with the concurrence of
the Ranking Minority Member of the Committee.
(E) Motions To Disagree.--The Chairman is directed to offer
a motion under clause 1 of rule XXII of the Rules of the House
whenever the Chairman considers it appropriate.
(F) Committee Web Site.--The Chairman shall maintain an
official Committee web site for the purposes of furthering the
Committee's legislative and oversight responsibilities,
including communicating information about the Committee's
activities to Committee Members, other Members and the public
at large. The Ranking Minority Member may maintain a similar
web site for the same purposes.
Rule II.--Time of Meetings
(A) Regular Meeting Date.--The regular meeting date and
time for the transaction of business of the Full Committee
shall be on the first Wednesday that the House is in Session
each month, unless otherwise directed by the Chairman.
(B) Additional Meetings.--At the discretion of the
Chairman, additional meetings of the Committee may be scheduled
for the consideration of any bill or other matters pending
before the Committee or to conduct other Committee business.
The Committee shall meet for such purposes pursuant to the call
of the Chairman.
(C) Consideration.--Except in the case of a special meeting
held under clause 2(c)(2) of House rule XI, the determination
of the business to be considered at each meeting of the
Committee shall be made by the Chairman.
Rule III.--Notice and Publication
(A) Notice.--
(1) Hearings.--The date, time, place and subject
matter of any hearing of the Committee shall, except as
provided in the Committee rules, be announced by notice
at least one week in advance of the commencement of
such hearing. The names of all witnesses scheduled to
appear at such hearing shall be provided to Members no
later than 48 hours prior to the commencement of such
hearing. These notice requirements may be waived by the
Chairman with the concurrence of the Ranking Minority
Member.
(2) Meetings.--The date, time, place and subject
matter of any meeting, other than a hearing or a
regularly scheduled meeting, shall be announced at
least 36 hours in advance of a meeting to take place on
a day the House is in session, and 72 hours in advance
of a meeting to take place on a day the House is not in
session, except in the case of a special meeting called
under clause 2(c)(2) of House rule XI. These notice
requirements may be waived by the Chairman with the
concurrence of the Ranking Minority Member.
(a) Copies of any measure to be considered
for approval by the Committee at any meeting,
including any mark, print or amendment in the
nature of a substitute shall be provided to the
Members at least 24 hours in advance.
(b) The requirement in subsection (a) may be
waived or abridged by the Chairman, with
advance notice to the Ranking Minority Member.
(3) Publication.--The meeting or hearing announcement shall
be promptly published in the Daily Digest portion of the
Congressional Record. To the greatest extent practicable,
meeting announcements shall be entered into the Committee
scheduling service of the House Information Resources.
Rule IV.--Open Meetings and Hearings; Broadcasting
(A) Open Meetings.--All meetings and hearings of the
Committee shall be open to the public including to radio,
television and still photography coverage, except as provided
by rule XI of the Rules of the House or when the Committee, in
open session and with a Majority present, determines by
recorded vote that all or part of the remainder of that hearing
on that day shall be closed to the public because disclosure of
testimony, evidence, or other matters to be considered would
endanger the national security, compromise sensitive law
enforcement information, tend to defame, degrade or incriminate
a witness, or violate any law or rule of the House of
Representatives.
(B) Broadcasting.--Whenever any hearing or meeting
conducted by the Committee is open to the public, the Committee
shall permit that hearing or meeting to be covered by
television broadcast, internet broadcast, print media, and
still photography, or by any of such methods of coverage, in
accordance with the provisions of clause 4 of rule XI of the
Rules of the House. Operation and use of any Committee operated
broadcast system shall be fair and nonpartisan and in
accordance with clause 4(b) of rule XI and all other applicable
rules of the Committee and the House. Priority shall be given
by the Committee to members of the Press Galleries.
(C) Transcripts.--A transcript shall be made of the
testimony of each witness appearing before the Committee during
a Committee hearing. All transcripts of meetings or hearings
that are open to the public shall be made available.
Rule V.--Procedures for Meetings and Hearings
(A) Opening Statements.--At any meeting of the Committee,
the Chairman and Ranking Minority Member shall be entitled to
present oral opening statements of five minutes each. Other
Members may submit written opening statements for the record.
The Chairman presiding over the meeting may permit additional
opening statements by other Members of the Full Committee or of
that subcommittee, with the concurrence of the Ranking Minority
Member.
(B) The Five-Minute Rule.--The time any one Member may
address the Committee on any bill, motion, or other matter
under consideration by the Committee shall not exceed five
minutes, and then only when the Member has been recognized by
the Chairman, except that this time limit may be extended when
permitted by unanimous consent.
(C) Postponement of Vote.--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
vote at any time, provided that all reasonable steps have been
taken to notify Members of the resumption of such proceedings.
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.
(D) Contempt Procedures.--No recommendation that a person
be cited for contempt of Congress shall be forwarded to the
House unless and until the Full Committee has, upon notice to
all its Members, met and considered the alleged contempt. The
person to be cited for contempt shall be afforded, upon notice
of at least 72 hours, an opportunity to state why he or she
should not be held in contempt prior to a vote of the Full
Committee, with a quorum being present, on the question whether
to forward such recommendation to the House. Such statement
shall be, in the discretion of the Chairman, either in writing
or in person before the Full Committee.
Rule VI.--Witnesses
(A) Questioning of Witnesses.--
(1) Questioning of witnesses by Members will be
conducted under the five-minute rule unless the
Committee adopts a motion permitted by House rule
XI(2)(j)(2).
(2) In questioning witnesses under the 5-minute rule,
the Chairman and the Ranking Minority Member shall
first be recognized. In a subcommittee meeting or
hearing, the Chairman and Ranking Minority Member of
the Full Committee are then recognized. All other
Members that arrive before the commencement of the
meeting or hearing will be recognized in the order of
seniority on the Committee, alternating between
Majority and Minority Members. Committee Members
arriving after the commencement of the hearing shall be
recognized in order of appearance, alternating between
Majority and Minority Members, after all Members
present at the beginning of the hearing have been
recognized. Each Member shall be recognized at least
once before any Member is given a second opportunity to
question a witness.
(3) The Chairman, in consultation with the Ranking
Minority Member, or the Committee by motion may permit
an extension of the period of questioning of a witness
beyond five minutes but the time allotted must be
equally apportioned to the Majority party and the
Minority and may not exceed one hour in the aggregate.
(4) The Chairman, in consultation with the Ranking
Minority Member, or the Committee by motion may permit
Committee staff of the Majority and Minority to
question a witness for a specified, total period that
is equal for each side and not longer than 30 minutes
for each side.
(B) Minority Witnesses.--Whenever a hearing is conducted by
the Committee upon any measure or matter, the Minority party
Members on the Committee shall be entitled, upon request to the
Chairman by a Majority of those Minority Members before the
completion of such hearing, to call witnesses selected by the
Minority to testify with respect to that measure or matter
during at least one day of hearing thereon.
(C) Oath or Affirmation.--The Chairman of the Committee or
any Member designated by the Chairman, may administer an oath
to any witness.
(D) Statements by Witnesses.--
(1) Consistent with the notice given, witnesses shall
submit a prepared or written statement for the record
of the proceedings (including, where practicable, an
electronic copy) with the Clerk of the Committee no
less than 48 hours in advance of the witness's
appearance before the Committee. Unless the 48 hour
requirement is waived or otherwise modified by the
Chairman after consultation with the Ranking Minority
Member, the failure to comply with this requirement may
result in the exclusion of the written testimony from
the hearing record and/or the barring of an oral
presentation of the testimony.
(2) To the greatest extent practicable, the written
testimony of each witness appearing in a non-
governmental capacity shall include a curriculum vitae
and a disclosure of the amount and source (by agency
and program) of any Federal grant (or subgrant thereof)
or contract (or subcontract thereof) received during
the current fiscal year or either of the two preceding
fiscal years by the witness or by an entity represented
by the witness to the extent that such information is
relevant to the subject matter of, and the witness'
representational capacity at, the hearing.
Rule VII.--Quorum
Quorum Requirements.--Two Members shall constitute a quorum
for purposes of taking testimony and receiving evidence. One-
third of the Members of the Committee shall constitute a quorum
for conducting business, except for (1) reporting a measure or
recommendation; (2) closing Committee meetings to the public,
pursuant to Committee rule IV; (3) authorizing the issuance of
subpoenas; and (4) any other action for which an actual
majority quorum is required by any rule of the House of
Representatives or by law. The Chairman shall make reasonable
efforts, including consultation with the Ranking Minority
Member when scheduling meetings and hearings, to ensure that a
quorum for any purpose will include at least one minority
Member of the Committee.
Rule VIII.--Decorum
(A) Breaches of Decorum.--The Chairman may punish breaches
of order and decorum, by censure and exclusion from the
hearing; and the Committee may cite the offender to the House
for contempt.
(B) Access to Dais.--Access to the dais before, during and
after a hearing, mark up or other meeting of the Committee
shall be limited to Members and staff of the Committee. Subject
to availability of space on the dais, a Member may have a
personal staff present on the dais during periods when the
Member is seated on the dais at the hearing.
(C) Wireless Communications Use Prohibited.--During a
hearing, mark-up, or other meeting of the Committee, ringing or
audible sounds or conversational use of cellular telephones or
other electronic devices is prohibited in the Committee room.
Rule IX.--Subcommittees
(A) Generally.--The Full Committee shall be organized into
the following six standing subcommittees:
(1) Subcommittee on Border, Maritime and Global
Counterterrorism;
(2) Subcommittee on Emergency Communications,
Preparedness, and Response;
(3) Subcommittee on Transportation Security and
Infrastructure Protection;
(4) Subcommittee on Intelligence, Information Sharing
and Terrorism Risk Assessment;
(5) Subcommittee on Emerging Threats, Cybersecurity,
and Science and Technology; and
(6) Subcommittee on Management, Investigations, and
Oversight.
(B) Selection and Ratio of Subcommittee Members.--The
Chairman and Ranking Member of the Full Committee shall select
their respective Members of each subcommittee. The ratio of
Majority to Minority Members shall be comparable to the ratio
of Majority to Minority Members on the Full Committee, except
that each subcommittee shall have at least two more Majority
Members than Minority Members.
(C) Ex Officio Members.--The Chairman and Ranking Minority
Member of the Full Committee shall be ex officio members of
each subcommittee but are not authorized to vote on matters
that arise before each subcommittee. The Chairman and Ranking
Minority Member of the Full Committee shall not be counted to
satisfy the quorum requirement for any purpose other than
taking testimony unless they are regular members of that
subcommittee.
(D) Powers and Duties of Subcommittees.--Except as
otherwise directed by the Chairman of the Full Committee, each
subcommittee is authorized to meet, hold hearings, receive
testimony, mark up legislation, and report to the Full
Committee on all matters within its purview. Subcommittee
Chairmen shall set hearing and meeting dates only with the
approval of the Chairman of the Full Committee. To the greatest
extent practicable, no more than one meeting and hearing should
be scheduled for a given time.
(E) Special Voting Provision.--If a tie vote occurs in a
subcommittee on the question of reporting any measure to the
Full Committee, the measure shall be placed on the agenda for
Full Committee consideration as if it had been ordered reported
by the subcommittee without recommendation.
(F) Task Forces or Select Subcommittees.--The Chairman,
with the concurrence of the Ranking Minority Member, may create
task forces of limited duration to carry out specifically
enumerated duties and functions within the jurisdiction of the
Committee subject to any limitations provided for in the House
Rules or other Caucus or Conference Rules. Any task force
created under this rule shall be subject to all applicable
Committee and House rules and other laws in the conduct of its
duties and functions.
Rule X.--Referrals to Subcommittees
Referral of Bills and Other Matters by Chairman.--Except
for bills and other matters retained by the Chairman for Full
Committee consideration, each bill or other matters referred to
the Full Committee shall be referred by the Chairman to one or
more subcommittees. In referring any measure or matter to a
subcommittee, the Chair may specify a date by which the
subcommittee shall report thereon to the Full Committee. Bills
or other matters referred to subcommittees may be reassigned or
discharged by the Chairman.
Rule XI.--Subpoenas
(A) Authorization.--Pursuant to clause 2(m) of rule XI of
the House, a subpoena may be authorized and issued under the
seal of the House and attested by the Clerk of the House, and
may be served by any person designated by the Full Committee
for the furtherance of an investigation with authorization by--
(1) a majority of the Full Committee, a quorum being
present; or
(2) the Chairman of the Full Committee, after
consultation with the Ranking Minority Member of the
Full Committee, during any period for which the House
has adjourned for a period in excess of 3 days when, in
the opinion of the Chairman of the Full Committee,
authorization and issuance of the subpoena is necessary
to obtain the material or testimony set forth in the
subpoena. The Chairman of the Full Committee shall
notify Members of the Committee of the authorization
and issuance of a subpoena under this rule as soon as
practicable, but in no event later than one week after
service of such subpoena.
(B) Disclosure.--Provisions may be included in a subpoena
with the concurrence of the Chairman and the Ranking Minority
Member of the Full Committee, or by the Committee, to prevent
the disclosure of the Full Committee's demands for information
when deemed necessary for the security of information or the
progress of an investigation, including but not limited to
prohibiting the revelation by witnesses and their counsel of
Full Committee's inquiries.
(C) Subpoena duces tecum.--Subpoena duces tecum may be
issued whose return to the Committee Clerk shall occur at a
time and place other than that of a regularly scheduled
meeting.
(D) Affidavits and Depositions.--The Chairman of the Full
Committee, in consultation with the Ranking Minority Member of
the Full Committee, or the Committee may authorize the taking
of an affidavit or deposition with respect to any person who is
subpoenaed under these rules but who is unable to appear in
person to testify as a witness at any hearing or meeting.
Notices for the taking of depositions shall specify the date,
time and place of examination. Depositions shall be taken under
oath administered by a Member or a person otherwise authorized
by law to administer oaths. Prior consultation with the Ranking
Minority Member of the Full Committee shall include written
notice three business days before any deposition is scheduled
to provide an opportunity for Minority staff to be present
during the questioning.
Rule XII.--Committee Staff
(A) Generally.--Committee staff members are subject to the
provisions of clause 9 of House rule X and must be eligible to
be considered for routine access to classified information.
(B) Staff Assignments.--For purposes of these rules,
Committee staff means the employees of the Committee,
detailees, fellows or any other person engaged by contract or
otherwise to perform services for, or at the request of, the
Committee. All such persons shall be either Majority, Minority,
or shared staff. The Chairman shall appoint, determine
remuneration of, supervise and may remove Majority staff. The
Ranking Minority Member shall appoint, determine remuneration
of, supervise and may remove Minority staff. In consultation
with the Ranking Minority Member, the Chairman may appoint,
determine remuneration of, supervise and may remove shared
staff that is assigned to service of the Committee. The
Chairman shall certify Committee staff appointments, including
appointments by the Ranking Minority Member, as required.
(C) Divulgence of Information.--Prior to the public
acknowledgement by the Chairman or the Committee of a decision
to initiate an investigation of a particular person, entity, or
subject, no member of the Committee staff shall knowingly
divulge to any person any information, including non-classified
information, which comes into his or her possession by virtue
of his or her status as a member of the Committee staff, if the
member of the Committee staff has a reasonable expectation that
such information may alert the subject of a Committee
investigation to the existence, nature, or substance of such
investigation, unless authorized to do so by the Chairman or
the Committee.
Rule XIII.--Member and Staff Travel
(A) Approval of Travel.--Consistent with the primary
expense resolution and such additional expense resolutions as
may have been approved, travel to be reimbursed from funds set
aside for the Committee for any Member or any Committee staff
shall be paid only upon the prior authorization of the
Chairman. Travel may be authorized by the Chairman for any
Member and any Committee staff only in connection with official
Committee business, such as the attendance of hearings
conducted by the Committee and meetings, conferences, site
visits, and investigations that involve activities or subject
matter under the general jurisdiction of the Full Committee.
(1) Proposed Travel by Majority Party Members and
Staff.--In the case of proposed travel by Majority
party Members or Committee staff, before such
authorization is given, there shall be submitted to the
Chairman in writing the following: (a) the purpose of
the travel; (b) the dates during which the travel is to
be made and the date or dates of the event for which
the travel is being made; (c) the location of the event
for which the travel is to be made; and (d) the names
of Members and staff seeking authorization. On the
basis of that information, the Chairman shall determine
whether the proposed travel is for official Committee
business, concerns subject matter within the
jurisdiction of the Full Committee, and is not
excessively costly in view of the Committee business
proposed to be conducted.
(2) Proposed Travel by Minority Party Members and
Staff.--In the case of proposed travel by Minority
party Members or Committee staff, the Ranking Minority
Member shall provide to the Chairman a written
representation setting forth the information specified
in items (a), (b), (c), and (d) of subparagraph (1) and
his or her determination that such travel complies with
the other requirements of subparagraph (1).
(B) Foreign Travel.--All Committee Member and staff
requests for Committee-funded foreign travel must be submitted
to the Chairman, through the Chief Financial Officer of the
Committee, not less than seven business days prior to the start
of the travel. Within 60 days of the conclusion of any such
foreign travel authorized under this rule, there shall be
submitted to the Chairman a written report summarizing the
information gained as a result of the travel in question, or
other Committee objectives served by such travel.
Rule XIV.--Classified and Other Confidential Information
(A) Security Precautions. Committee staff offices,
including Majority and Minority offices, shall operate under
strict security precautions administered by the Security
Officer of the Committee. A security officer shall be on duty
at all times during normal office hours. Classified documents
and sensitive but unclassified (SBU) documents (including but
not limited to those marked with dissemination restrictions
such as Sensitive Security Information (SSI), Law Enforcement
Sensitive (LES), For Official Use Only (FOUO), or Critical
Infrastructure Information (CII)) may be examined only in an
appropriately secure manner. Such documents may be removed from
the Committee's offices in furtherance of official Committee
business. Appropriate security procedures shall govern the
handing of such documents removed from the Committee's offices.
(B) Temporary Custody of Executive Branch Material.--
Executive branch documents or other materials containing
classified information in any form that were not made part of
the record of a Committee hearing, did not originate in the
Committee or the House, and are not otherwise records of the
Committee shall, while in the custody of the Committee, be
segregated and maintained by the Committee in the same manner
as Committee records that are classified. Such documents and
other materials shall be returned to the Executive branch
agency from which they were obtained at the earliest
practicable time.
(C) Access by Committee Staff.--Access to classified
information supplied to the Committee shall be limited to
Committee staff members with appropriate security clearance and
a need-to-know, as determined by the Chairman and Ranking
Minority Member and under their direction of the Majority and
Minority Staff Directors.
(D) Maintaining Confidentiality.--No Member of the
Committee or Committee staff shall disclose, in whole or in
part or by way of summary, to any person who is not a Member of
the Committee or an authorized member of Committee staff for
any purpose or in connection with any proceeding, judicial or
otherwise, any testimony given before the Committee in
executive session. Classified information and sensitive but
unclassified (SBU) information (including but not limited to
documents marked with dissemination restrictions such as
Sensitive Security Information (SSI), Law Enforcement Sensitive
(LES), For Official Use Only (FOUO), or Critical Infrastructure
Information (CII)) shall be handled in accordance with all
applicable provisions of law and consistent with the provisions
of these rules.
(E) Oath.--Before a Member or Committee staff member may
have access to classified information, the following oath (or
affirmation) shall be executed:
I do solemnly swear (or affirm) that I will not
disclose any classified information received in the
course of my service on the Committee on Homeland
Security, except as authorized by the Committee or the
House of Representatives or in accordance with the
Rules of such Committee or the Rules of the House.
Copies of the executed oath (or affirmation) shall be
retained by the Clerk as part of the records of the
Committee.
(F) Disciplinary Action.--The Chairman shall immediately
consider disciplinary action in the event any Committee Member
or member of the Committee staff fails to conform to the
provisions of these rules governing the disclosure of
classified or unclassified information. Such disciplinary
action may include, but shall not be limited to, immediate
dismissal from the Committee staff, criminal referral to the
Justice Department, and notification of the Speaker of the
House. With respect to Minority party staff, the Chairman shall
consider such disciplinary action in consultation with the
Ranking Minority Member.
Rule XV.--Committee Records
(A) Committee Records.--Committee Records shall constitute
all data, charts and files in possession of the Committee and
shall be maintained in accordance with House rule XI, clause
2(e).
(B) Legislative Calendar.--The Clerk of the Committee shall
maintain a printed calendar for the information of each
Committee Member showing any procedural or legislative measures
considered or scheduled to be considered by the Committee, and
the status of such measures and such other matters as the
Committee determines shall be included. The calendar shall be
revised from time to time to show pertinent changes. A copy of
such revisions shall be made available to each Member of the
Committee upon request.
(C) Members Right to Access.--Members of the Committee and
of the House shall have access to all official Committee
Records. Access to Committee files shall be limited to
examination within the Committee offices at reasonable times.
Access to Committee Records that contain classified information
shall be provided in a manner consistent with these rules.
(D) Removal of Committee Records.--Files and records of the
Committee are not to be removed from the Committee offices. No
Committee files or records that are not made publicly available
shall be photocopied by any Member.
(E) Executive Session Records.--Evidence or testimony
received by the Committee in executive session shall not be
released or made available to the public unless agreed to by
the Committee. Members may examine the Committee's executive
session records, but may not make copies of, or take personal
notes from, such records.
(F) Public Inspection.--The Committee shall keep a complete
record of all Committee action including recorded votes.
Information so available for public inspection shall include a
description of each amendment, motion, order or other
proposition and the name of each Member voting for and each
Member voting against each such amendment, motion, order, or
proposition, as well as the names of those Members present but
not voting. Such record shall be made available to the public
at reasonable times within the Committee offices.
(G) Separate and Distinct.--All Committee records and files
must be kept separate and distinct from the office records of
the Members serving as Chairman and Ranking Minority Member.
Records and files of Members' personal offices shall not be
considered records or files of the Committee.
(H) Disposition of Committee Records.--At the conclusion of
each Congress, non-current records of the Committee shall be
delivered to the Archivist of the United States in accordance
with rule VII of the Rules of the House.
(I) Archived Records.--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. The Chairman shall notify the Ranking
Minority Member of any decision, pursuant to clause 3(b)(3) or
clause 4(b) of the rule, 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 Chairman shall consult with the Ranking Minority
Member on any communication from the Archivist of the United
States or the Clerk of the House concerning the disposition of
noncurrent records pursuant to clause 3(b) of the rule.
Rule XVI.--Changes to Committee Rules
These rules may be modified, amended, or repealed by the
Full Committee provided that a notice in writing of the
proposed change has been given to each Member at least 48 hours
prior to the meeting at which action thereon is to be taken.
Committee on House Administration
ROBERT A. BRADY, Pennsylvania,
Chairman*
VERNON J. EHLERS, Michigan, ZOE LOFGREN, California
Ranking Member MICHAEL E. CAPUANO, Massachusetts
DANIEL E. LUNGREN, California CHARLES A. GONZALEZ, Texas
KEVIN McCARTHY, California SUSAN A. DAVIS, California
ARTUR DAVIS, Alabama**
----------
*Elected Chairman of the Committee on House Administration on May 24,
2007 following the death of Chairwoman Juanita Millender-McDonald on
April 22, 2007.
**Appointed to the Committee on House Administration on May 3, 2007,
filling a vacancy created by the death of Chairwoman Juanita Millender-
McDonald on April 22, 2007.
(Adopted February 16, 2007)
Rule No. 1--General Provisions
(a) The Rules of the House are the rules of the Committee
so far as applicable, except that a motion to recess from day
to day is a privileged motion in the Committee. Each
subcommittee of the Committee is a part of the Committee and is
subject to the authority and direction of the chair and to its
rules as far as applicable.
(b) The Committee is authorized at any time to conduct such
investigations and studies as it may consider necessary or
appropriate in the exercise of its responsibilities under House
rule X and, subject to the adoption of expense resolutions as
required by House rule X, clause 6, to incur expenses
(including travel expenses) in connection therewith.
(c) The Committee is authorized to have printed and bound
testimony and other data presented at hearings held by the
Committee, and to make such information available to the
public. All costs of stenographic services and transcripts in
connection with any meeting or hearing of the Committee shall
be paid from the appropriate House account.
(d) The Committee shall submit to the House, not later than
January 2 of each odd-numbered year, a report on the activities
of the committee under House rules X and XI during the Congress
ending at noon on January 3 of such year.
(e) The Committee's rules shall be published in the
Congressional Record not later than 30 days after the Committee
is elected in each odd-numbered year.
Rule No. 2--Regular and Special Meetings
(a) The regular meeting date of the Committee on House
Administration shall be the second Wednesday of every month
when the House is in session in accordance with Clause 2(b) of
House rule XI. Additional meetings may be called by the Chair
of the Committee as she or he may deem necessary or at the
request of a majority of the members of the Committee in
accordance with Clause 2(c) of House rule XI. The determination
of the business to be considered at each meeting shall be made
by the Chair subject to Clause 2(c) of House rule XI. A
regularly scheduled meeting may be dispensed with if, in the
judgment of the Chair, there is no need for the meeting.
(b) If the Chair is not present at any meeting of the
Committee, or at the discretion of the Chair, the Vice Chair of
the Committee shall preside at the meeting. If the Chair and
Vice Chair of the Committee are not present at any meeting of
the Committee, the ranking member of the majority party who is
present shall preside at the meeting.
Rule No. 3--Open Meetings
As required by Clause 2(g), of House rule XI, each meeting
for the transaction of business, including the markup of
legislation of the Committee shall be open to the public except
when the Committee in open session and with a quorum present
determines by record vote that all or part of the remainder of
the meeting on that day shall be closed to the public because
disclosure of matters to be considered would endanger national
security, would compromise sensitive law enforcement
information, or would tend to defame, degrade or incriminate
any person, or otherwise would violate any law or rule of the
House: Provided, however, that no person other than members of
the Committee, and such congressional staff and such other
persons as the Committee may authorize, shall be present in any
business or markup session which has been closed to the public.
Rule No. 4--Records and Rollcalls
(a)(1) A record vote shall be held if requested by any
member of the Committee.
(a)(2) The result of each record vote in any meeting of the
Committee shall be made available for inspection by the public
at reasonable times at the Committee offices, including a
description of the amendment, motion, order or other
proposition; the name of each member voting for and against;
and the members present but not voting.
(b)(1) Subject to subparagraph (2), 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.
(2) In exercising postponement authority under subparagraph
(1), the Chair shall take all reasonable steps necessary to
notify members on the resumption of proceedings on any
postponed record vote.
(3) 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.
(c) All Committee and subcommittee hearings, records, data,
charts, and files shall be kept separate and distinct from the
congressional office records of the member serving as Chair;
and such records shall be the property of the House and all
members of the House shall have access thereto.
(d) House records of the Committee which are at the
National Archives shall be made available pursuant to House
rule VII. The Chair shall notify the ranking minority member of
any decision to withhold a record pursuant to the rule, and
shall present the matter to the Committee upon written request
of any Committee member.
(e) To the maximum extent feasible, the Committee shall
make its publications available in electronic form.
Rule No. 5--Proxies
No vote by any member in the Committee may be cast by
proxy.
Rule No. 6--Power To Sit and Act; Subpoena Power
(a) For the purpose of carrying out any of its functions
and duties under House rules X and XI, the Committee or any
subcommittee thereof is authorized (subject to subparagraph
(b)(1) of this paragraph)--
(1) to sit and act at such times and places within
the United States, whether the House is in session, has
recessed, or has adjourned, and to hold such hearings;
and
(2) to require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memorandums, papers, documents and other materials as
it deems necessary, including materials in electronic
form. The Chair, or any member designated by the Chair,
may administer oaths to any witness.
(b)(1) A subpoena may be authorized and issued by the
Committee or subcommittee in the conduct of any investigation
or series of investigations or activities, only when authorized
by a majority of the members voting, a majority being present.
The power to authorize and issue subpoenas under subparagraph
(a)(2) may be delegated to the Chair pursuant to such rules and
under such limitations as the Committee may prescribe.
Authorized subpoenas shall be signed by the Chair or by any
member designated by the Committee, and may be served by any
person designated by the Chair or such member.
(2) Compliance with any subpoena issued by the Committee or
a subcommittee may be enforced only as authorized or directed
by the House.
Rule No. 7--Quorums
No measure or recommendation shall be reported to the House
unless a majority of the Committee is actually present. For the
purposes of taking any action other than reporting any measure,
issuance of a subpoena, closing meetings, promulgating
Committee orders, or changing the rules of the Committee, one-
third of the members of the Committee shall constitute a
quorum. For purposes of taking testimony and receiving
evidence, two members shall constitute a quorum.
Rule No. 8--Amendments
Any amendment offered to any pending legislation before the
Committee or a subcommittee must be made available in written
form when requested by any member of the Committee. If such
amendment is not available in written form when requested, the
Chair will allow an appropriate period of time for the
provision thereof.
Rule No. 9--Hearing Procedures
(a) The Chair, in the case of hearings to be conducted by
the Committee, and the appropriate subcommittee chair, in the
case of hearings to be conducted by a subcommittee, shall make
public announcement of the date, place, and subject matter of
any hearing to be conducted on any measure or matter at least
one (1) week before the commencement of that hearing. If the
Chair, with the concurrence of the ranking minority member,
determines that there is good cause to begin the hearing
sooner, or if the Committee so determines by majority vote, a
quorum being present, the Chair shall make the announcement at
the earliest possible date. The clerk of the Committee shall
promptly notify the Daily Digest Clerk of the Congressional
Record as soon as possible after such public announcement is
made.
(b) Unless excused by the Chair, each witness who is to
appear before the 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 his or her proposed
testimony and shall limit his or her oral presentation to a
summary of his or her statement.
(c) When any hearing is conducted by the Committee upon any
measure or matter, the minority party members on the Committee
shall be entitled, upon request to the Chair by a majority of
those minority members before the completion of such hearing,
to call witnesses selected by the minority to testify with
respect to that measure or matter during at least one day of
hearings thereon.
(d) All other members of the Committee may have the
privilege of sitting with any subcommittee during its hearings
or deliberations and may participate in such hearings or
deliberations, but no member who is not a member of the
subcommittee shall count for a quorum or offer any motion or
amendment or vote on any matter before the subcommittee.
(e) Committee or subcommittee members may question
witnesses only when they have been recognized by the Chair for
that purpose, and only for a 5-minute period until all members
present have had an opportunity to question a witness. The 5-
minute period for questioning a witness by any one member can
be extended as provided by House Rules. The questioning of a
witness in Committee or subcommittee hearings shall be
initiated by the Chair, followed by the ranking minority member
and all other members alternating between the majority and
minority. In recognizing members to question witnesses in this
fashion, the Chair shall take into consideration the ratio of
the majority to minority members present and shall establish
the order of recognition for questioning in such a manner as
not to disadvantage the members of the majority. The Chair may
accomplish this by recognizing two majority members for each
minority member recognized.
(f) The following additional rules shall apply to hearings
of the Committee or a subcommittee, as applicable:
(1) The Chair at a hearing shall announce in an
opening statement the subject of the investigation.
(2) A copy of the Committee rules and this clause
shall be made available to each witness as provided by
clause 2(k)(2) of rule XI.
(3) Witnesses at hearings may be accompanied by their
own counsel for the purpose of advising them concerning
their constitutional rights.
(4) The Chair may punish breaches of order and
decorum, and of professional ethics on the part of
counsel, by censure and exclusion from the hearings;
and the Committee may cite the offender to the House
for contempt.
(5) If the Committee determines that evidence or
testimony at a hearing may tend to defame, degrade, or
incriminate any person, it shall--
(A) afford such person an opportunity
voluntarily to appear as a witness;
(B) receive such evidence or testimony in
executive session; and
(C) receive and dispose of requests from such
person to subpoena additional witnesses.
(6) Except as provided in subparagraph (f)(5), the
Chair shall receive and the Committee shall dispose of
requests to subpoena additional witnesses.
(7) No evidence or testimony taken in executive
session may be released or used in public sessions
without the consent of the Committee.
(8) In the discretion of the Committee, witnesses may
submit brief and pertinent sworn statements in writing
for inclusion in the record. The Committee is the sole
judge of the pertinence of testimony and evidence
adduced at its hearing.
(9) A witness may obtain a transcript copy of his
testimony given at a public session or, if given at an
executive session, when authorized by the Committee.
Rule No. 10--Procedures for Reporting Measures or Matters
(a)(1) It shall be the duty of the Chair to report or cause
to be reported promptly to the House any measure approved by
the Committee and to take or cause to be taken necessary steps
to bring the matter to a vote.
(2) In any event, the report of the Committee on a measure
which has been approved by the Committee shall be filed within
7 calendar days (exclusive of days on which the House is not in
session) after the day on which there has been filed with the
clerk of the Committee a written request, signed by a majority
of the members of the Committee, for the reporting of that
measure. Upon the filing of any such request, the clerk of the
Committee shall transmit immediately to the Chair notice of the
filing of that request.
(b)(1) No measure or recommendation shall be reported to
the House unless a majority of the Committee is actually
present.
(2) With respect to each record vote on a motion to report
any measure or matter of a public character, and on any
amendment offered to the measure or matter, the total number of
votes cast for and against, and the names of those members
voting for and against, shall be included in the Committee
report on the measure or matter.
(c) The report of the Committee on a measure or matter
which has been approved by the Committee shall include the
matters required by Clause 3(c) of rule XIII of the Rules of
the House.
(d) Each report of the Committee on each bill or joint
resolution of a public character reported by the Committee
shall include a statement citing the specific powers granted to
the Congress in the Constitution to enact the law proposed by
the bill or joint resolution.
(e) If, at the time any measure or matter is ordered
reported by the Committee, any member of the Committee gives
notice of intention to file supplemental, minority, or
additional views, that member shall be entitled to not less
than two additional calendar days after the day of such notice,
commencing on the day on which the measure or matter(s) was
approved, excluding Saturdays, Sundays, and legal holidays, in
which to file such views, in writing and signed by that member,
with the clerk of the Committee. All such views so filed by one
or more members of the Committee shall be included within, and
shall be a part of, the report filed by the Committee with
respect to that measure or matter. The report of the Committee
upon that measure or matter shall be printed in a single volume
which--
(1) shall include all supplemental, minority, or
additional views, in the form submitted, by the time of
the filing of the report, and
(2) shall bear upon its cover a recital that any such
supplemental, minority, or additional views (and any
material submitted under subparagraph (c)) are included
as part of the report. This subparagraph does not
preclude--
(A) the immediate filing or printing of a
Committee report unless timely request for the
opportunity to file supplemental, minority, or
additional views has been made as provided by
paragraph (c); or
(B) the filing of any supplemental report
upon any measure or matter which may be
required for the correction of any technical
error in a previous report made by the
Committee upon that measure or matter.
(3) shall, when appropriate, contain the documents
required by Clause 3(e) of rule XIII of the Rules of
the House.
(f) The Chair, following consultation with the ranking
minority member, is directed to offer a motion under clause 1
of rule XXII of the Rules of the House, relating to going to
conference with the Senate, whenever the Chair considers it
appropriate.
(g) If hearings have been held on any such measure or
matter so reported, the Committee shall make every reasonable
effort to have such hearings published and available to the
members of the House prior to the consideration of such measure
or matter in the House.
(h) The Chair may designate any majority member of the
Committee to act as ``floor manager'' of a bill or resolution
during its consideration in the House.
Rule No. 11--Committee Oversight
The Committee shall conduct oversight of matters within the
jurisdiction of the Committee in accordance with House rule X,
clause 2 and clause 4. Not later than February 15 of the first
session of a Congress, the Committee shall, in a meeting that
is open to the public and with a quorum present, adopt its
oversight plan for that Congress in accordance with House rule
X, clause 2(d).
Rule No. 12--Review of Continuing Programs; Budget Act Provisions
(a) The Committee shall, in its consideration of all bills
and joint resolutions of a public character within its
jurisdiction, ensure that appropriation for continuing programs
and activities of the Federal Government will be made annually
to the maximum extent feasible and consistent with the nature,
requirement, and objectives of the programs and activities
involved. For the purposes of this paragraph a Government
agency includes the organizational units of government listed
in Clause 4(e) of rule X of House Rules.
(b) The Committee shall review, from time to time, each
continuing program within its jurisdiction for which
appropriations are not made annually in order to ascertain
whether such program could be modified so that appropriations
therefore would be made annually.
(c) The Committee shall, on or before February 25 of each
year, submit to the Committee on the Budget (1) its views and
estimates with respect to all matters to be set forth in the
concurrent resolution on the budget for the ensuing fiscal year
which are within its jurisdiction or functions, and (2) an
estimate of the total amounts of new budget authority, and
budget outlays resulting there from, to be provided or
authorized in all bills and resolutions within its jurisdiction
which it intends to be effective during that fiscal year.
(d) As soon as practicable after a concurrent resolution on
the budget for any fiscal year is agreed to, the Committee
(after consulting with the appropriate committee or committees
of the Senate) shall subdivide any allocation made to it in the
joint explanatory statement accompanying the conference report
on such resolution, and promptly report such subdivisions to
the House, in the manner provided by section 302 of the
Congressional Budget Act of 1974.
(e) Whenever the Committee is directed in a concurrent
resolution on the budget to determine and recommend changes in
laws, bills, or resolutions under the reconciliation process it
shall promptly make such determination and recommendations, and
report a reconciliation bill or resolution (or both) to the
House or submit such recommendations to the Committee on the
Budget, in accordance with the Congressional Budget Act of
1974.
Rule No. 13--Broadcasting of Committee Hearings and Meetings
Whenever any hearing or meeting conducted by the Committee
is open to the public, those proceedings shall be open to
coverage by television, radio, and still photography, as
provided in Clause 4 of House rule XI, subject to the
limitations therein. Operation and use of any Committee
Internet broadcast system shall be fair and nonpartisan and in
accordance with Clause 4(b) of rule XI and all other applicable
rules of the Committee and the House.
Rule No. 14--Committee and Subcommittee Staff
The staff of the Committee on House Administration shall be
appointed as follows:
A. The staff shall be appointed by the Chair or her or his
designee except as provided in paragraph (B), and may be
removed by the Chair and shall work under the general
supervision and direction of the Chair;
B. All staff provided to the minority party members of the
Committee shall be appointed by the ranking member or her or
his designee, and may be removed, by the ranking minority
member of the Committee, and shall work under the general
supervision and direction of such member;
C. The Chair shall fix the compensation of all staff of the
Committee, after consultation with the ranking minority member
regarding any minority party staff, within the budget approved
for such purposes for the Committee.
Rule No. 15--Travel of Members and Staff
(a) Consistent with the primary expense resolution and such
additional expense resolutions as may have been approved, the
provisions of this rule shall govern travel of Committee
members and staff. Travel for any member or any staff member
shall be paid only upon the prior authorization of the Chair or
her or his designee. Travel may be authorized by the Chair for
any member and any staff member in connection with the
attendance at hearings conducted by the Committee and meetings,
conferences, and investigations which involve activities or
subject matter under 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 travel;
(2) The dates during which the travel will occur;
(3) The locations to be visited and the length of
time to be spent in each; and
(4) The names of members and staff seeking
authorization.
(b)(1) In the case of travel outside the United States of
members and staff of the Committee for the purpose of
conducting hearings, investigations, studies, or attending
meetings and conferences involving activities or subject matter
under the legislative assignment of the committee, prior
authorization must be obtained from the Chair. Before such
authorization is given, there shall be submitted to the Chair,
in writing, a request for such authorization. Each request,
which shall be filed in a manner that allows for a reasonable
period of time for review before such travel is scheduled to
begin, shall include the following:
(A) the purpose of the travel;
(B) the dates during which the travel will occur;
(C) the names of the countries to be visited and the
length of time to be spent in each;
(D) an agenda of anticipated activities for each
country for which travel is authorized together with a
description of the purpose to be served and the areas
of committee jurisdiction involved; and
(E) the names of members and staff for whom
authorization is sought.
(2) At the conclusion of any hearing, investigation, study,
meeting or conference for which travel outside the United
States has been authorized pursuant to this rule, members and
staff attending meetings or conferences shall submit a written
report to the Chair covering the activities and other pertinent
observations or information gained as a result of such travel.
(c) Members and staff of the Committee performing
authorized travel on official business shall be governed by
applicable laws, resolutions, or regulations of the House and
of the Committee on House Administration pertaining to such
travel.
Rule No. 16--Number and Jurisdiction of Subcommittees
(a) There shall be two standing subcommittees, with party
ratios of members as indicated. Subcommittees shall have
jurisdictions as stated by these rules, may conduct oversight
over such subject matter, and may consider such legislation as
may be referred to them by the Chair. The names and
jurisdiction of the subcommittees shall be:
(1) Subcommittee on Capitol Security--(2/1).--Matters
pertaining to operations and security of the Congress,
and of the Capitol complex including the House wing of
the Capitol, the House Office Buildings, the Library of
Congress, and other policies and facilities supporting
congressional operations; the U.S. Capitol Police.
(2) Subcommittee on Elections--(4/2).--Matters
pertaining to the Federal Election Campaign Act, the
Federal Contested Elections Act, the Help America Vote
Act, the National Voter Registration Act, the Uniformed
and Overseas Citizens Absentee Voting Act, the Federal
Voting Assistance Program, the Bipartisan Campaign
Reform Act, the Americans with Disabilities Act
(accessibility for voters with disabilities), the
Federal Elections Commission (FEC), the Elections
Assistance Commission (EAC), and other election related
issues.
(b) The Chair may establish and appoint members to serve on
task forces of the Committee, to perform specific functions for
limited periods of time, as she or he deems appropriate.
Rule No. 17--Referral of Legislation to Subcommittees
The Chair may refer legislation or other matters to a
subcommittee, or subcommittees, as she or he considers
appropriate. The Chair may discharge any subcommittee of any
matter referred to it.
Rule No. 18--Powers and Duties of Subcommittees
Each subcommittee is authorized to meet, hold hearings,
receive evidence and report to the full committee on all
matters referred to it. No subcommittee shall meet during any
Committee meeting.
Rule No. 19--Other Procedures and Regulations
The Chair may establish such other procedures and take such
actions as may be necessary to carry out the foregoing rules or
to facilitate the effective operation of the committee.
Rule No. 20--Designation of Clerk of the Committee
For the purposes of these rules and the Rules of the House
of Representatives, the staff director of the Committee shall
act as the clerk of the Committee.
Committee on the Judiciary
JOHN CONYERS, Jr., Michigan,
Chairman
LAMAR SMITH, Texas, HOWARD L. BERMAN, California
Ranking Member RICK BOUCHER, Virginia
F. JAMES SENSENBRENNER, Jr., JERROLD NADLER, New York
Wisconsin ROBERT C. ``BOBBY'' SCOTT,
HOWARD COBLE, North Carolina Virginia
ELTON GALLEGLY, California MELVIN L. WATT, North Carolina
BOB GOODLATTE, Virginia ZOE LOFGREN, California
STEVE CHABOT, Ohio SHEILA JACKSON-LEE, Texas
DANIEL E. LUNGREN, California MAXINE WATERS, California
CHRIS CANNON, Utah WILLIAM D. DELAHUNT, Massachusetts
RIC KELLER, Florida ROBERT WEXLER, Florida
DARRELL E. ISSA, California LINDA T. SANCHEZ, California
MIKE PENCE, Indiana STEVE COHEN, Tennessee
J. RANDY FORBES, Virginia HENRY C. ``HANK'' JOHNSON, Jr.,
STEVE KING, Iowa Georgia
TOM FEENEY, Florida BETTY SUTTON, Ohio*
TRENT FRANKS, Arizona LUIS V. GUITIERREZ, Illinois
LOUIE GOHMERT, Texas BRAD SHERMAN, California
JIM JORDAN, Ohio TAMMY BALDWIN, Wisconsin**
ANTHONY D. WEINER, New York
ADAM B. SCHIFF, California
ARTUR DAVIS, Alabama
DEBBIE WASSERMAN SCHULTZ,
Florida***
KEITH ELLISON, Minnesota
----------
*Appointed to the Judiciary Committee on July 12, 2007, filling a
vacancy created by the resignation from Congress of Rep. Martin Meehan
on July 1, 2007.
**Appointed to the Judiciary Committee on April 17, 2007.
***Appointed to the Judiciary Committee on January 23, 2007.
(Adopted January 24, 2007)
Rule I.
The Rules of the House of Representatives are the rules of
the Committee on the Judiciary and its Subcommittees with the
following specific additions thereto.
Rule II.--Committee Meetings
(a) The regular meeting day of the Committee on the
Judiciary for the conduct of its business shall be on Wednesday
of each week while the House is in session.
(b) Additional meetings may be called by the Chairman and a
regular meeting of the Committee may be dispensed with when, in
the judgment of the Chairman, there is no need therefore.
(c) At least 24 hours (excluding Saturdays, Sundays and
legal holidays when the House is not in session) before each
scheduled Committee or Subcommittee meeting, each Member of the
Committee or Subcommittee shall be furnished a list of the
bill(s) and subject(s) to be considered and/or acted upon at
the meeting. Bills or subjects not listed shall be subject to a
point of order unless their consideration is agreed to by a
two-thirds vote of the Committee or Subcommittee.
(d) In an emergency that does not reasonably allow for 24
hours' notice, the Chairman may waive the 24-hour notice
requirement with the agreement of the Ranking Minority Member.
(e) Committee and Subcommittee meetings for the transaction
of business, i.e. meetings other than those held for the
purpose of taking testimony, shall be open to the public except
when the Committee or Subcommittee determines by majority vote
to close the meeting because disclosure of matters to be
considered would endanger national security, would compromise
sensitive law enforcement information, or would tend to defame,
degrade or incriminate any person or otherwise would violate
any law or rule of the House.
(f) Every motion made to the Committee and entertained by
the Chairman shall be reduced to writing upon demand of any
Member, and a copy made available to each Member present.
(g) For purposes of taking any action at a meeting of the
full Committee or any Subcommittee thereof, a quorum shall be
constituted by the presence of not less than one-third of the
Members of the Committee or subcommittee, except that a full
majority of the Members of the Committee or Subcommittee shall
constitute a quorum for purposes of reporting a measure or
recommendation from the Committee or Subcommittee, closing a
meeting to the public, or authorizing the issuance of a
subpoena.
(h)(1) Subject to subparagraph (2), 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.
(2) In exercising postponement authority under subparagraph
(1), the Chairman shall take all reasonable steps necessary to
notify Members on the resumption of proceedings on any
postponed record vote.
(3) 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.
(i) Transcripts of markups shall be recorded and may be
published in the same manner as hearings before the Committee.
(j) Without further action of the Committee, the Chairman
is directed 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 III.--Hearings
(a) The Committee Chairman or any Subcommittee chairman
shall make public announcement of the date, place, and subject
matter of any hearing to be conducted by it on any measure or
matter at least one week before the commencement of that
hearing. If the Chairman of the Committee, or Subcommittee,
with the concurrence of the Ranking Minority Member, determines
there is good cause to begin the hearing sooner, or if the
Committee or Subcommittee so determines by majority vote, a
quorum being present for the transaction of business, the
Chairman or Subcommittee chairman shall make the announcement
at the earliest possible date.
(b) Committee and Subcommittee hearings shall be open to
the public except when the Committee or Subcommittee determines
by majority vote to close the meeting because disclosure of
matters to be considered would endanger national security,
would compromise sensitive law enforcement information, or
would tend to defame, degrade or incriminate any person or
otherwise would violate any law or rule of the House.
(c) For purposes of taking testimony and receiving evidence
before the Committee or any Subcommittee, a quorum shall be
constituted by the presence of two Members.
(d) In the course of any hearing each Member shall be
allowed five minutes for the interrogation of a witness until
such time as each Member who so desires has had an opportunity
to question the witness.
(e) The transcripts of those hearings conducted by the
Committee which are decided to be printed shall be published in
verbatim form, with the material requested for the record
inserted at that place requested, or at the end of the record,
as appropriate. Individuals, including Members of Congress,
whose comments are to be published as part of a Committee
document shall be given the opportunity to verify the accuracy
of the transcription in advance of publication. Any requests by
those Members, staff or witnesses to correct any errors other
than errors in the transcription, or disputed errors in
transcription, shall be appended to the record, and the
appropriate place where the change is requested will be
footnoted. Prior to approval by the Chairman of hearings
conducted jointly with another congressional Committee, a
memorandum of understanding shall be prepared which
incorporates an agreement for the publication of the verbatim
transcript.
Rule IV.--Broadcasting
Whenever a hearing or meeting conducted by the Committee or
any Subcommittee is open to the public, those proceedings shall
be open to coverage by television, radio and still photography
except when the hearing or meeting is closed pursuant to the
Committee Rules of Procedure.
Rule V.--Standing Subcommittees
(a) The full Committee shall have jurisdiction over the
following subject matters: antitrust law, tort liability,
including medical malpractice and product liability, legal
reform generally, and such other matters as determined by the
Chairman.
(b) There shall be five standing Subcommittees of the
Committee on the Judiciary, with jurisdictions as follows:
(1) Subcommittee on Courts, the Internet, and
Intellectual Property.--Copyright, patent and trademark
law, information technology, administration of U.S.
courts, Federal Rules of Evidence, Civil and Appellate
Procedure, judicial ethics, other appropriate matters
as referred by the Chairman, and relevant oversight.
(2) Subcommittee on the Constitution, Civil Rights,
and Civil Liberties.--Constitutional Amendments,
constitutional rights, federal civil rights laws,
ethics in government, other appropriate matters as
referred by the Chairman, and relevant oversight.
(3) Subcommittee on Commercial and Administrative
Law.--Bankruptcy and commercial law, bankruptcy
judgeships, administrative law, independent counsel,
state taxation affecting interstate commerce,
interstate compacts, other appropriate matters as
referred by the Chairman, and relevant oversight.
(4) Subcommittee on Crime, Terrorism, and Homeland
Security.--Federal Criminal Code, drug enforcement,
sentencing, parole and pardons, terrorism, internal and
homeland security, Federal Rules of Criminal Procedure,
prisons, criminal law enforcement, other appropriate
matters as referred by the Chairman, and relevant
oversight.
(5) Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law.--
Immigration and naturalization, border security,
admission of refugees, treaties, conventions and
international agreements, claims against the United
States, federal charters of incorporation, private
immigration and claims bills, non-border enforcement,
other appropriate matters as referred by the Chairman,
and relevant oversight.
(c) The Chairman of the Committee and Ranking Minority
Member thereof shall be ex officio Members, but not voting
Members, of each Subcommittee to which such Chairman or Ranking
Minority Member has not been assigned by resolution of the
Committee. Ex officio Members shall not be counted as present
for purposes of constituting a quorum at any hearing or meeting
of such Subcommittee.
Rule VI.--Powers and Duties of Subcommittees
Each Subcommittee is authorized to meet, hold hearings,
receive evidence, and report to the full Committee on all
matters referred to it or under its jurisdiction. Subcommittee
chairmen shall set dates for hearings and meetings of their
respective Subcommittees after consultation with the Chairman
and other Subcommittee chairmen with a view toward avoiding
simultaneous scheduling of full Committee and Subcommittee
meetings or hearings whenever possible.
Rule VII.--Non-Legislative Reports
No report of the Committee or Subcommittee which does not
accompany a measure or matter for consideration by the House
shall be published unless all Members of the Committee or
Subcommittee issuing the report shall have been apprised of
such report and given the opportunity to give notice of
intention to file supplemental, additional, or dissenting views
as part of the report. In no case shall the time in which to
file such views be less than three calendar days (excluding
Saturdays, Sundays and legal holidays when the House is not in
session).
Rule VIII.--Committee Records
The records of the Committee at the National Archives and
Records Administration shall be made available for public use
according to the Rules of the House. The Chairman shall notify
the Ranking Minority Member of any decision 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.
Rule IX.--Official Committee Web Site
The Chairman shall maintain an official web site on behalf
of the Committee 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
Member is authorized to maintain a similar official web site on
behalf of the Committee Minority for the same purpose,
including communicating information about the activities of the
Minority to Committee Members and other Members of the House.
Committee on Natural Resources
NICK J. RAHALL, II, West Virginia,
Chairman
DON YOUNG, Alaska, DALE E. KILDEE, Michigan
Ranking Member ENI F. H. FALEOMAVAEGA, American
JIM SAXTON, New Jersey Samoa
ELTON GALLEGLY, California NEIL ABERCROMBIE, Hawaii
JOHN J. DUNCAN, Jr., Tennessee SOLOMON P. ORTIZ, Texas
WAYNE T. GILCHREST, Maryland FRANK PALLONE, Jr., New Jersey
CHRIS CANNON, Utah DONNA M. CHRISTENSEN, Virgin
THOMAS G. TANCREDO, Colorado Islands
JEFF FLAKE, Arizona GRACE F. NAPOLITANO, California
STEVAN PEARCE, New Mexico RUSH D. HOLT, New Jersey
HENRY E. BROWN, Jr., South Carolina RAUL M. GRIJALVA, Arizona
LUIS G. FORTUNO, Puerto Rico MADELEINE Z. BORDALLO, Guam
CATHY McMORRIS RODGERS, JIM COSTA, California
Washington DAN BOREN, Oklahoma
BOBBY JINDAL, Louisiana JOHN P. SARBANES, Maryland
LOUIE GOHMERT, Texas GEORGE MILLER, California
TOM COLE, Oklahoma EDWARD J. MARKEY, Massachusetts
ROB BISHOP, Utah PETER A. DeFAZIO, Oregon
BILL SHUSTER, Pennsylvania MAURICE D. HINCHEY, New York
DEAN HELLER, Nevada PATRICK J. KENNEDY, Rhode Island
BILL SALI, Idaho RON KIND, Wisconsin
DOUG LAMBORN, Colorado LOIS CAPPS, California
MARY FALLIN, Oklahoma* JAY INSLEE, Washington
[VACANCY]**** MARK UDALL, Colorado
JOE BACA, California
HILDA L. SOLIS, California
STEPHANIE HERSETH SANDLIN, South
Dakota
HEATH SHULER, North Carolina
----------
*Appointed to the Natural Resources Committee on May 10, 2007.
**Rep. Rick Renzi resigned from the Natural Resources Committee on
April 25, 2007.
***Rep. Ken Calvert resigned from the Natural Resources Committee on
May 16, 2007.
****Vacancy created by the resignation of Rep. Kevin McCarthy on
October 2, 2007.
(Adopted February 7, 2007)
Rule 1.--Rules of the House, Vice Chairmen
(a) Applicability of House Rules.--
(1) The Rules of the House of Representatives, so far
as they are applicable, are the rules of the Committee
and its Subcommittees.
(2) Each Subcommittee is part of the Committee and is
subject to the authority, direction and rules of the
Committee. References in these rules to ``Committee''
and ``Chairman'' shall apply to each Subcommittee and
its Chairman wherever applicable.
(3) House rule XI is incorporated and made a part of
the rules of the Committee to the extent applicable.
(b) Vice Chairmen.--Unless inconsistent with other rules,
the Chairman shall appoint a Vice Chairman of the Committee and
the Subcommittee Chairmen will appoint Vice Chairmen of each of
the
Rule 2.--Meetings in General
(a) Scheduled Meetings.--The Committee shall meet at 10
a.m. every Wednesday when the House is in session, unless
canceled by the Chairman. The Committee shall also meet at the
call of the Chairman subject to advance notice to all Members
of the Committee. Special meetings shall be called and convened
by the Chairman as provided in clause 2(c)(1) of House rule XI.
Any Committee meeting or hearing that conflicts with a party
caucus, conference, or similar party meeting shall be
rescheduled at the discretion of the Chairman, in consultation
with the Ranking Minority Member. The Committee may not sit
during a joint session of the House and Senate or during a
recess when a joint meeting of the House and Senate is in
progress.
(b) Open Meetings.--Each meeting for the transaction of
business, including the markup of legislation, and each hearing
of the Committee or a Subcommittee shall be open to the public,
except as provided by clause 2(g) and clause 2(k) of House rule
XI.
(c) Broadcasting.--Whenever a meeting for the transaction
of business, including the markup of legislation, or a hearing
is open to the public, that meeting or hearing shall be open to
coverage by television, radio, and still photography in
accordance with clause 4 of House rule XI. The provisions of
clause 4(f) of House rule XI are specifically made part of
these rules by reference. Operation and use of any Committee
Internet broadcast system shall be fair and nonpartisan and in
accordance with clause 4(b) of House rule XI and all other
applicable rules of the Committee and the House.
(d) Oversight Plan.--No later than February 15 of the first
session of each Congress, the Committee shall adopt its
oversight plans for that Congress in accordance with clause
2(d)(1) of House rule X.
Rule 3.--Procedures in General
(a) Agenda of Meetings; Information for Members.--An agenda
of the business to be considered at meetings shall be delivered
to the office of each Member of the Committee no later than 48
hours before the meeting. This requirement may be waived by a
majority vote of the Committee at the time of the consideration
of the measure or matter. To the extent practicable, a summary
of the major provisions of any bill being considered by the
Committee, including the need for the bill and its effect on
current law, will be available for the Members of the Committee
no later than 48 hours before the meeting.
(b) Meetings and Hearings To Begin Promptly.--Each meeting
or hearing of the Committee shall begin promptly at the time
stipulated in the public announcement of the meeting or
hearing.
(c) Addressing the Committee.--A Committee Member may
address the Committee or a Subcommittee on any bill, motion, or
other matter under consideration or may question a witness at a
hearing only when recognized by the Chairman for that purpose.
The time a Member may address the Committee or Subcommittee for
any purpose or to question a witness shall be limited to five
minutes, except as provided in Committee rule 4(g). A Member
shall limit his remarks to the subject matter under
consideration. The Chairman shall enforce the preceding
provision.
(d) Quorums.--
(1) A majority of the Members shall constitute a
quorum for the reporting of any measure or
recommendation, the authorizing of a subpoena, the
closing of any meeting or hearing to the public under
clause 2(g)(1), clause 2(g)(2)(A) and clause 2(k)(5)(B)
of House rule XI, and the releasing of executive
session materials under clause 2(k)(7) of House rule X.
Testimony and evidence may be received at any hearing
at which there are at least two Members of the
Committee present. For the purpose of transacting all
other business of the Committee, one third of the
Members shall constitute a quorum.
(2) When a call of the roll is required to ascertain
the presence of a quorum, the offices of all Members
shall be notified and the Members shall have not less
than 15 minutes to prove their attendance. The Chairman
shall have the discretion to waive this requirement
when a quorum is actually present or whenever a quorum
is secured and may direct the Chief Clerk to note the
names of all Members present within the 15-minute
period.
(e) Participation of Members in Committee and
Subcommittees.--All Members of the Committee may sit with any
Subcommittee during any hearing, and by unanimous consent of
the Members of the Subcommittee may participate in any meeting
or hearing. However, a Member who is not a Member of the
Subcommittee may not vote on any matter before the
Subcommittee, be counted for purposes of establishing a quorum
or raise points of order.
(f) Proxies.--No vote in the Committee or its Subcommittees
may be cast by proxy.
(g) Record Votes.--Record votes shall be ordered on the
demand of one-fifth of the Members present, or by any Member in
the apparent absence of a quorum.
(h) Postponed Record Votes.--
(1) Subject to paragraph (2), the Chairman may, after
consultation with the Ranking Minority Member, postpone
further proceedings when a record vote is ordered on
the question of approving any measure or matter or
adopting an amendment. The Chairman shall resume
proceedings on a postponed request at any time after
reasonable notice, but no later than the next meeting
day.
(2) Notwithstanding any intervening order for the
previous question, when proceedings resume on a
postponed question under paragraph (1), an underlying
proposition shall remain subject to further debate or
amendment to the same extent as when the question was
postponed.
(3) This rule shall apply to Subcommittee
proceedings.
(i) Privileged Motions.--A motion to recess from day to
day, a motion to recess subject to the call of the Chairman
(within 24 hours), and a motion to dispense with the first
reading (in full) of a bill or resolution if printed copies are
available, are nondebatable motions of high privilege.
(j) Layover and Copy of Bill.--No measure or recommendation
reported by a Subcommittee shall be considered by the Committee
until two calendar days from the time of Subcommittee action.
No bill shall be considered by the Committee unless a copy has
been delivered to the office of each Member of the Committee
requesting a copy. These requirements may be waived by a
majority vote of the Committee at the time of consideration of
the measure or recommendation.
(k) Access to Dais and Conference Room.--Access to the
hearing rooms' daises [and to the conference rooms adjacent to
the Committee hearing rooms] shall be limited to Members of
Congress and employees of the Committee during a meeting of the
Committee, except that Committee Members' personal staff may be
present on the daises if their employing Member is the author
of a bill or amendment under consideration by the Committee,
but only during the time that the bill or amendment is under
active consideration by the Committee. Access to the conference
rooms adjacent to the Committee hearing rooms shall be limited
to Members of Congress and employees of Congress during a
meeting of the Committee.
(l) Cellular Telephones.--The use of cellular telephones is
prohibited on the Committee dais or in the Committee hearing
rooms during a meeting of the Committee.
(m) Motion To Go to Conference With the Senate.--The
Chairman may offer a motion under clause 1 of rule XXII
whenever the Chairman considers it appropriate.
Rule 4.--Hearing Procedures
(a) Announcement.--The Chairman shall publicly announce the
date, place, and subject matter of any hearing at least one
week before the hearing unless the Chairman, with the
concurrence of the Ranking Minority Member, determines that
there is good cause to begin the hearing sooner, or if the
Committee so determines by majority vote. In these cases, the
Chairman shall publicly announce the hearing at the earliest
possible date. The Chief Clerk of the Committee shall promptly
notify the Daily Digest Clerk of the Congressional Record and
shall promptly enter the appropriate information on the
Committee's web site as soon as possible after the public
announcement is made.
(b) Written Statement; Oral Testimony.--Each witness who is
to appear before the Committee or a Subcommittee shall file
with the Chief Clerk of the Committee or Subcommittee Clerk, at
least two working days before the day of his or her appearance,
a written statement of proposed testimony. Failure to comply
with this requirement may result in the exclusion of the
written testimony from the hearing record and/or the barring of
an oral presentation of the testimony. Each witness shall limit
his or her oral presentation to a five-minute summary of the
written statement, unless the Chairman, in consultation with
the Ranking Minority Member, extends this time period. In
addition, all witnesses shall be required to submit with their
testimony a resume or other statement describing their
education, employment, professional affiliations and other
background information pertinent to their testimony.
(c) Minority Witnesses.--When any hearing is conducted by
the Committee or any Subcommittee upon any measure or matter,
the Minority party Members on the Committee or Subcommittee
shall be entitled, upon request to the Chairman by a majority
of those Minority Members before the completion of the hearing,
to call witnesses selected by the Minority to testify with
respect to that measure or matter during at least one day of
hearings thereon.
(d) Information for Members.--After announcement of a
hearing, the Committee shall make available as soon as
practicable to all Members of the Committee a tentative witness
list and to the extent practicable a memorandum explaining the
subject matter of the hearing (including relevant legislative
reports and other necessary material). In addition, the
Chairman shall make available to the Members of the Committee
any official reports from departments and agencies on the
subject matter as they are received.
(e) Subpoenas.--The Committee or a Subcommittee may
authorize and issue a subpoena under clause 2(m) of House rule
XI if authorized by a majority of the Members voting. In
addition, the Chairman of the Committee may authorize and issue
subpoenas during any period of time in which the House of
Representatives has adjourned for more than three days.
Subpoenas shall be signed only by the Chairman of the
Committee, or any Member of the Committee authorized by the
Committee, and may be served by any person designated by the
Chairman or Member.
(f) Oaths.--The Chairman of the Committee or any Member
designated by the Chairman may administer oaths to any witness
before the Committee. All witnesses appearing in hearings may
be administered the following oath by the Chairman or his
designee prior to receiving the testimony: ``Do you solemnly
swear or affirm that the testimony that you are about to give
is the truth, the whole truth, and nothing but the truth, so
help you God?''.
(g) Opening Statements; Questioning of Witnesses.--
(1) Opening statements by Members may not be
presented orally, unless the Chairman or his designee
makes a statement, in which case the Ranking Minority
Member or his designee may also make a statement. If a
witness scheduled to testify at any hearing of the
Committee is a constituent of a Member of the
Committee, that Member shall be entitled to introduce
the witness at the hearing.
(2) The questioning of witnesses in Committee and
Subcommittee hearings shall be initiated by the
Chairman, followed by the Ranking Minority Member and
all other Members alternating between the Majority and
Minority parties. In recognizing Members to question
witnesses, the Chairman shall take into consideration
the ratio of the Majority to Minority Members present
and shall establish the order of recognition for
questioning in a manner so as not to disadvantage the
Members of the Majority or the Members of the Minority.
A motion is in order to allow designated Majority and
Minority party Members to question a witness for a
specified period to be equally divided between the
Majority and Minority parties. This period shall not
exceed one hour in the aggregate.
(h) Materials for Hearing Record.--Any materials submitted
specifically for inclusion in the hearing record must address
the announced subject matter of the hearing and be submitted to
the relevant Subcommittee Clerk or Chief Clerk no later than 10
business days following the last day of the hearing.
(i) Claims of Privilege.--Claims of common-law privileges
made by witnesses in hearings, or by interviewees or deponents
in investigations or inquiries, are applicable only at the
discretion of the Chairman, subject to appeal to the Committee.
Rule 5.--Filing of Committee Reports
(a) Duty of Chairman.--Whenever the Committee authorizes
the favorable reporting of a measure from the Committee, the
Chairman or his designee shall report the same to the House of
Representatives and shall take all steps necessary to secure
its passage without any additional authority needing to be set
forth in the motion to report each individual measure. In
appropriate cases, the authority set forth in this rule shall
extend to moving in accordance with the Rules of the House of
Representatives that the House be resolved into the Committee
of the Whole House on the State of the Union for the
consideration of the measure; and to moving in accordance with
the Rules of the House of Representatives for the disposition
of a Senate measure that is substantially the same as the House
measure as reported.
(b) Filing.--A report on a measure which has been approved
by the Committee shall be filed within seven calendar days
(exclusive of days on which the House of Representatives is not
in session) after the day on which there has been filed with
the Committee Chief Clerk a written request, signed by a
majority of the Members of the Committee, for the reporting of
that measure. Upon the filing with the Committee Chief Clerk of
this request, the Chief Clerk shall transmit immediately to the
Chairman notice of the filing of that request.
(c) Supplemental, Additional or Minority Views.--Any Member
may, if notice is given at the time a bill or resolution is
approved by the Committee, file supplemental, additional, or
minority views. These views must be in writing and signed by
each Member joining therein and be filed with the Committee
Chief Clerk not less than two additional calendar days
(excluding Saturdays, Sundays and legal holidays except when
the House is in session on those days) of the time the bill or
resolution is approved by the Committee. This paragraph shall
not preclude the filing of any supplemental report on any bill
or resolution that may be required for the correction of any
technical error in a previous report made by the Committee on
that bill or resolution.
(d) Review by Members.--Each Member of the Committee shall
be given an opportunity to review each proposed Committee
report before it is filed with the Clerk of the House of
Representatives. Nothing in this paragraph extends the time
allowed for filing supplemental, additional or minority views
under paragraph (c).
(e) Disclaimer.--All Committee or Subcommittee reports
printed and not approved by a majority vote of the Committee or
Subcommittee, as appropriate, shall contain the following
disclaimer on the cover of the report: ``This report has not
been officially adopted by the (Committee on Natural Resources)
(Subcommittee) and may not therefore necessarily reflect the
views of its Members.''.
Rule 6.--Establishment of Subcommittees; Full Committee Jurisdiction;
Bill Referrals
(a) Subcommittees.--There shall be five standing
Subcommittees of the Committee, with the following jurisdiction
and responsibilities:
SUBCOMMITTEE ON NATIONAL PARKS, FORESTS AND PUBLIC LANDS
(1) Measures and matters related to the National Park
System and its units, including Federal reserved water rights.
(2) The National Wilderness Preservation System.
(3) Wild and Scenic Rivers System, National Trails System,
national heritage areas and other national units established
for protection, conservation, preservation or recreational
development, other than coastal barriers.
(4) Military parks and battlefields, national cemeteries
administered by the Secretary of the Interior, parks in and
within the vicinity of the District of Columbia and the
erection of monuments to the memory of individuals.
(5) Federal outdoor recreation plans, programs and
administration including the Land and Water Conservation Fund.
(6) Plans and programs concerning non-Federal outdoor
recreation and land use, including related plans and programs
authorized by the Land and Water Conservation Fund Act of 1965
and the Outdoor Recreation Act of 1963.
(7) Preservation of prehistoric ruins and objects of
interest on the public domain and other historic preservation
programs and activities, including national monuments, historic
sites and programs for international cooperation in the field
of historic preservation.
(8) Matters concerning the following agencies and programs:
Urban Parks and Recreation Recovery Program, Historic American
Buildings Survey, Historic American Engineering Record, and
U.S. Holocaust Memorial.
(9) Public lands generally, including measures or matters
relating to entry, easements, withdrawals, grazing and Federal
reserved water rights.
(10) Forfeiture of land grants and alien ownership,
including alien ownership of mineral lands.
(11) Cooperative efforts to encourage, enhance and improve
international programs for the protection of the environment
and the conservation of natural resources otherwise within the
jurisdiction of the Subcommittee.
(12) Forest reservations, including management thereof,
created from the public domain.
(13) Public forest lands generally, including measures or
matters related to entry, easements, withdrawals, grazing and
Federal reserved water rights.
(14) General and continuing oversight and investigative
authority over activities, policies and programs within the
jurisdiction of the Subcommittee.
SUBCOMMITTEE ON FISHERIES, WILDLIFE AND OCEANS
(1) Fisheries management and fisheries research generally,
including the management of all commercial and recreational
fisheries, the Magnuson-Stevens Fishery Conservation and
Management Act, interjurisdictional fisheries, international
fisheries agreements, aquaculture, seafood safety and fisheries
promotion.
(2) Wildlife resources, including research, restoration,
refuges and conservation.
(3) All matters pertaining to the protection of coastal and
marine environments, including estuarine protection.
(4) Coastal barriers.
(5) Oceanography.
(6) Ocean engineering, including materials, technology and
systems.
(7) Coastal zone management.
(8) Marine sanctuaries.
(9) U.N. Convention on the Law of the Sea.
(10) Sea Grant programs and marine extension services.
(11) Cooperative efforts to encourage, enhance and improve
international programs for the protection of the environment
and the conservation of natural resources otherwise within the
jurisdiction of the Subcommittee.
(12) General and continuing oversight and investigative
authority over activities, policies and programs within the
jurisdiction of the Subcommittee.
SUBCOMMITTEE ON WATER AND POWER
(1) Generation and marketing of electric power from Federal
water projects by Federally chartered or Federal regional power
marketing authorities.
(2) All measures and matters concerning water resources
planning conducted pursuant to the Water Resources Planning
Act, water resource research and development programs and
saline water research and development.
(3) Compacts relating to the use and apportionment of
interstate waters, water rights and major interbasin water or
power movement programs.
(4) All measures and matters pertaining to irrigation and
reclamation projects and other water resources development and
recycling programs, including policies and procedures.
(5) Indian water rights and settlements.
(6) Cooperative efforts to encourage, enhance and improve
international programs for the protection of the environment
and the conservation of natural resources otherwise within the
jurisdiction of the Subcommittee.
(7) General and continuing oversight and investigative
authority over activities, policies and programs within the
jurisdiction of the Subcommittee.
SUBCOMMITTEE ON ENERGY AND MINERAL RESOURCES
(1) All measures and matters concerning the U.S. Geological
Survey, except for the activities and programs of the Water
Resources Division or its successor.
(2) All measures and matters affecting geothermal
resources.
(3) Conservation of United States uranium supply.
(4) Mining interests generally, including all matters
involving mining regulation and enforcement, including the
reclamation of mined lands, the environmental effects of
mining, and the management of mineral receipts, mineral land
laws and claims, long-range mineral programs and deep seabed
mining.
(5) Mining schools, experimental stations and long-range
mineral programs.
(6) Mineral resources on public lands.
(7) Conservation and development of oil and gas resources
of the Outer Continental Shelf.
(8) Petroleum conservation on the public lands and
conservation of the radium supply in the United States.
(9) Measures and matters concerning the transportation of
natural gas from or within Alaska and disposition of oil
transported by the trans-Alaska oil pipeline.
(10) Rights of way over public lands for underground
energy-related transportation.
(11) Cooperative efforts to encourage, enhance and improve
international programs for the protection of the environment
and the conservation of natural resources otherwise within the
jurisdiction of the Subcommittee.
(12) General and continuing oversight and investigative
authority over activities, policies and programs within the
jurisdiction of the Subcommittee.
SUBCOMMITTEE ON INSULAR AFFAIRS
(1) All matters regarding insular areas of the United
States.
(2) All measures or matters regarding the Freely Associated
States and Antarctica.
(3) Cooperative efforts to encourage, enhance and improve
international programs for the protection of the environment
and the conservation of natural resources otherwise within the
jurisdiction of the Subcommittee.
(4) General and continuing oversight and investigative
authority over activities, policies and programs within the
jurisdiction of the Subcommittee.
(b) Full Committee.--The Full Committee shall have the
following jurisdiction and responsibilities:
(1) Environmental and habitat measures of general
applicability.
(2) Measures relating to the welfare of Native
Americans, including management of Indian lands in
general and special measures relating to claims which
are paid out of Indian funds.
(3) All matters regarding the relations of the United
States with Native Americans and Native American
tribes, including special oversight functions under
rule X of the Rules of the House of Representatives.
(4) All matters regarding Native Alaskans and Native
Hawaiians.
(5) All matters related to the Federal trust
responsibility to Native Americans and the sovereignty
of Native Americans.
(6) Cooperative efforts to encourage, enhance and
improve international programs for the protection of
the environment and the conservation of natural
resources otherwise within the jurisdiction of the Full
Committee under this paragraph.
(7) All measures and matters retained by the Full
Committee, including those retained under Committee
rule 6(e).
(8) General and continuing oversight and
investigative authority over activities, policies and
programs within the jurisdiction of the Committee under
House rule X.
(c) Ex-officio Members.--The Chairman and Ranking Minority
Member of the Committee may serve as ex-officio Members of each
standing Subcommittee to which the Chairman or the Ranking
Minority Member have not been assigned. Ex-officio Members
shall have the right to fully participate in Subcommittee
activities but may not vote and may not be counted in
establishing a quorum.
(d) Powers and Duties of Subcommittees.--Each Subcommittee
is authorized to meet, hold hearings, receive evidence and
report to the Committee on all matters within its jurisdiction.
Each Subcommittee shall review and study, on a continuing
basis, the application, administration, execution and
effectiveness of those statutes, or parts of statutes, the
subject matter of which is within that Subcommittee's
jurisdiction; and the organization, operation, and regulations
of any Federal agency or entity having responsibilities in or
for the administration of such statutes, to determine whether
these statutes are being implemented and carried out in
accordance with the intent of Congress. Each Subcommittee shall
review and study any conditions or circumstances indicating the
need of enacting new or supplemental legislation within the
jurisdiction of the Subcommittee. Each Subcommittee shall have
general and continuing oversight and investigative authority
over activities, policies and programs within the jurisdiction
of the Subcommittee.
(e) Referral to Subcommittees; Recall.--
(1) Except as provided in paragraph (2) and for those
matters within the jurisdiction of the Full Committee,
every legislative measure or other matter referred to
the Committee shall be referred to the Subcommittee of
jurisdiction within two weeks of the date of its
referral to the Committee. If any measure or matter is
within or affects the jurisdiction of one or more
Subcommittees, the Chairman may refer that measure or
matter simultaneously to two or more Subcommittees for
concurrent consideration or for consideration in
sequence subject to appropriate time limits, or divide
the matter into two or more parts and refer each part
to a Subcommittee.
(2) The Chairman, with the approval of a majority of
the Majority Members of the Committee, may refer a
legislative measure or other matter to a select or
special Subcommittee. A legislative measure or other
matter referred by the Chairman to a Subcommittee may
be recalled from the Subcommittee for direct
consideration by the Full Committee, or for referral to
another Subcommittee, provided Members of the Committee
receive one week written notice of the recall and a
majority of the Members of the Committee do not object.
In addition, a legislative measure or other matter
referred by the Chairman to a Subcommittee may be
recalled from the Subcommittee at any time by majority
vote of the Committee for direct consideration by the
Full Committee or for referral to another Subcommittee.
(f) Consultation.--Each Subcommittee Chairman shall consult
with the Chairman of the Full Committee prior to setting dates
for Subcommittee meetings with a view towards avoiding whenever
possible conflicting Committee and Subcommittee meetings.
(g) Vacancy.--A vacancy in the membership of a Subcommittee
shall not affect the power of the remaining Members to execute
the functions of the Subcommittee.
Rule 7.--Task Forces, Special or Select Subcommittees
(a) Appointment.--The Chairman of the Committee is
authorized, after consultation with the Ranking Minority
Member, to appoint Task Forces, or special or select
Subcommittees, to carry out the duties and functions of the
Committee.
(b) Ex-Officio Members.--The Chairman and Ranking Minority
Member of the Committee may serve as ex-officio Members of each
Task Force, or special or select Subcommittee if they are not
otherwise members. Ex-officio Members shall have the right to
fully participate in activities but may not vote and may not be
counted in establishing a quorum.
(c) Party Ratios.--The ratio of Majority Members to
Minority Members, excluding ex-officio Members, on each Task
Force, special or select Subcommittee shall be as close as
practicable to the ratio on the Full Committee.
(d) Temporary Resignation.--A Member can temporarily resign
his or her position on a Subcommittee to serve on a Task Force,
special or select Subcommittee without prejudice to the
Member's seniority on the Subcommittee.
(e) Chairman and Ranking Minority Member.--The Chairman of
any Task Force, or special or select Subcommittee shall be
appointed by the Chairman of the Committee. The Ranking
Minority Member shall select a Ranking Minority Member for each
Task Force, or standing, special or select Subcommittee.
Rule 8.--Recommendation of Conferees
Whenever it becomes necessary to appoint conferees on a
particular measure, the Chairman shall recommend to the Speaker
as conferees those Majority Members, as well as those Minority
Members recommended to the Chairman by the Ranking Minority
Member, primarily responsible for the measure. The ratio of
Majority Members to Minority Members recommended for
conferences shall be no greater than the ratio on the
Committee.
Rule 9.--Committee Records
(a) Segregation of Records.--All Committee records shall be
kept separate and distinct from the office records of
individual Committee Members serving as Chairmen or Ranking
Minority Members. These records shall be the property of the
House and all Members shall have access to them in accordance
with clause 2(e)(2) of House rule XI.
(b) Availability.--The Committee shall make available to
the public for review at reasonable times in the Committee
office the following records:
(1) transcripts of public meetings and hearings,
except those that are unrevised or unedited and
intended solely for the use of the Committee; and
(2) the result of each rollcall vote taken in the
Committee, including a description of the amendment,
motion, order or other proposition voted on, the name
of each Committee Member voting for or against a
proposition, and the name of each Member present but
not voting.
(c) Archived Records.--Records of the Committee which are
deposited with the National Archives shall be made available
for public use pursuant to House rule VII. The Chairman of the
Committee shall notify the Ranking Minority Member of any
decision, pursuant to clause 3(b)(3) or clause 4(b) of House
rule VII, to withhold, or to provide a time, schedule or
condition for availability of any record otherwise available.
At the written request of any Member of the Committee, the
matter shall be presented to the Committee for a determination
and shall be subject to the same notice and quorum requirements
for the conduct of business under Committee rule 3.
(d) Records of Closed Meetings.--Notwithstanding the other
provisions of this rule, no records of Committee meetings or
hearings which were closed to the public pursuant to the Rules
of the House of Representatives shall be released to the public
unless the Committee votes to release those records in
accordance with the procedure used to close the Committee
meeting.
(e) Classified Materials.--All classified materials shall
be maintained in an appropriately secured location and shall be
released only to authorized persons for review, who shall not
remove the material from the Committee offices without the
written permission of the Chairman.
Rule 10.--Committee Budget and Expenses
(a) Budget.--At the beginning of each Congress, after
consultation with the Chairman of each Subcommittee and the
Ranking Minority Member, the Chairman shall present to the
Committee for its approval a budget covering the funding
required for staff, travel, and miscellaneous expenses.
(b) Expense Resolution.--Upon approval by the Committee of
each budget, the Chairman, acting pursuant to clause 6 of House
rule X, shall prepare and introduce in the House a supporting
expense resolution, and take all action necessary to bring
about its approval by the Committee on House Administration and
by the House of Representatives.
(c) Amendments.--The Chairman shall report to the Committee
any amendments to each expense resolution and any related
changes in the budget.
(d) Additional Expenses.--Authorization for the payment of
additional or unforeseen Committee expenses may be procured by
one or more additional expense resolutions processed in the
same manner as set out under this rule.
(e) Monthly Reports.--Copies of each monthly report,
prepared by the Chairman for the Committee on House
Administration, which shows expenditures made during the
reporting period and cumulative for the year, anticipated
expenditures for the projected Committee program, and detailed
information on travel, shall be available to each Member.
Rule 11.--Committee Staff
(a) Rules and Policies.--Committee staff members are
subject to the provisions of clause 9 of House rule X, as well
as any written personnel policies the Committee may from time
to time adopt.
(b) Majority and Nonpartisan Staff.--The Chairman shall
appoint, determine the remuneration of, and may remove, the
legislative and administrative employees of the Committee not
assigned to the Minority. The legislative and administrative
staff of the Committee not assigned to the Minority shall be
under the general supervision and direction of the Chairman,
who shall establish and assign the duties and responsibilities
of these staff members and delegate any authority he determines
appropriate.
(c) Minority Staff.--The Ranking Minority Member of the
Committee shall appoint, determine the remuneration of, and may
remove, the legislative and administrative staff assigned to
the Minority within the budget approved for those purposes. The
legislative and administrative staff assigned to the Minority
shall be under the general supervision and direction of the
Ranking Minority Member of the Committee who may delegate any
authority he determines appropriate.
(d) Availability.--The skills and services of all Committee
staff shall be available to all Members of the Committee.
Rule 12.--Committee Travel
In addition to any written travel policies the Committee
may from time to time adopt, all travel of Members and staff of
the Committee or its Subcommittees, to hearings, meetings,
conferences and investigations, including all foreign travel,
must be authorized by the Full Committee Chairman prior to any
public notice of the travel and prior to the actual travel. In
the case of Minority staff, all travel shall first be approved
by the Ranking Minority Member. Funds authorized for the
Committee under clauses 6 and 7 of House rule X are for
expenses incurred in the Committee's activities within the
United States.
Rule 13.--Changes to Committee Rules
The rules of the Committee may be modified, amended, or
repealed, by a majority vote of the Committee, provided that 48
hours' written notice of the proposed change has been provided
each Member of the Committee prior to the meeting date on which
the changes are to be discussed and voted on. A change to the
rules of the Committee shall be published in the Congressional
Record no later than 30 days after its approval.
Rule 14.--Other Procedures
The Chairman may establish procedures and take actions as
may be necessary to carry out the rules of the Committee or to
facilitate the effective administration of the Committee, in
accordance with the rules of the Committee and the Rules of the
House of Representatives.
Committee on Oversight and Government Reform
HENRY A. WAXMAN, California,
Chairman
TOM DAVIS, Virginia, TOM LANTOS, California
Ranking Member EDOLPHUS TOWNS, New York
DAN BURTON, Indiana PAUL E. KANJORSKI, Pennsylvania
CHRISTOPHER SHAYS, Connecticut CAROLYN B. MALONEY, New York
JOHN M. McHUGH, New York ELIJAH E. CUMMINGS, Maryland
JOHN L. MICA, Florida DENNIS J. KUCINICH, Ohio
MARK E. SOUDER, Indiana DANNY K. DAVIS, Illinois
TODD RUSSELL PLATTS, JOHN F. TIERNEY, Massachusetts
Pennsylvania WM. LACY CLAY, Missouri
CHRIS CANNON, Utah DIANE E. WATSON, California
JOHN J. DUNCAN, Jr., Tennessee STEPHEN F. LYNCH, Massachusetts
MICHAEL R. TURNER, Ohio BRIAN HIGGINS, New York
DARRELL E. ISSA, California JOHN A. YARMUTH, Kentucky
KENNY MARCHANT, Texas BRUCE L. BRALEY, Iowa
LYNN A. WESTMORELAND, Georgia ELEANOR HOLMES NORTON,
PATRICK T. McHENRY, North Carolina District of Columbia
VIRGINIA FOXX, North Carolina BETTY McCOLLUM, Minnesota
BRIAN P. BILBRAY, California JIM COOPER, Tennessee
BILL SALI, Idaho CHRIS VAN HOLLEN, Maryland
JIM JORDAN, Ohio* PAUL W. HODES, New Hampshire
CHRISTOPHER S. MURPHY, Connecticut
JOHN P. SARBANES, Maryland
PETER WELCH, Vermont
----------
*Appointed to the Oversight and Government Reform Committee on May 10,
2007.
(Adopted January 18, 2007)
Rule 1.--Application of Rules
Except where the terms ``full committee''and
``subcommittee'' are specifically referred to, the following
rules shall apply to the Committee on Oversight and Government
Reform and its subcommittees as well as to the respective
chairs.
[See House rule XI, 1.]
Rule 2.--Meetings
The regular meetings of the full committee shall be held on
the second Thursday of each month at 10 a.m., when the House is
in session. The chairman is authorized to dispense with a
regular meeting or to change the date thereof, and to call and
convene additional meetings, when circumstances warrant. A
special meeting of the committee may be requested by members of
the committee following the provisions of House rule XI, clause
2(c)(2). Subcommittees shall meet at the call of the
subcommittee chairs. Every member of the committee or the
appropriate subcommittee, unless prevented by unusual
circumstances, shall be provided with a memorandum at least
three calendar days before each meeting or hearing explaining:
(1) the purpose of the meeting or hearing; and
(2) the names, titles, background and reasons for
appearance of any witnesses. The ranking minority
member shall be responsible for providing the same
information on witnesses whom the minority may request.
[See House rule XI, 2(b) and (c).]
Rule 3.--Quorums
(a) A majority of the members of the committee shall form a
quorum, except that two members shall constitute a quorum for
taking testimony and receiving evidence, and one-third of the
members shall form a quorum for taking any action other than
for which the presence of a majority of the committee is
otherwise required. If the chairman is not present at any
meeting of the committee or subcommittee, the ranking member of
the majority party on the committee or subcommittee who is
present shall preside at that meeting.
(b) The chairman of the committee may, at the request of a
subcommittee chair, make a temporary assignment of any member
of the committee to such subcommittee for the purpose of
constituting a quorum at and participating in any public
hearing by such subcommittee to be held outside of Washington,
DC. Members appointed to such temporary positions shall not be
voting members. The chairman shall give reasonable notice of
such temporary assignment to the ranking members of the
committee and subcommittee.
[See House rule XI, 2(h).]
Rule 4.--Committee Reports
Bills and resolutions approved by the committee shall be
reported by the chairman following House rule XIII, clauses 2-
4. A proposed report shall not be considered in subcommittee or
full committee unless the proposed report has been available to
the members of such subcommittee or full committee for at least
three calendar days (excluding Saturdays, Sundays, and legal
holidays, unless the House is in session on such days) before
consideration of such proposed report in subcommittee or full
committee. Any report will be considered as read if available
to the members at least 24 hours before consideration,
excluding Saturdays, Sundays, and legal holidays unless the
House is in session on such days. If hearings have been held on
the matter reported upon, every reasonable effort shall be made
to have such hearings printed and available to the members of
the subcommittee or full committee before the consideration of
the proposed report in such subcommittee or full committee.
Every investigative report shall be approved by a majority vote
of the committee at a meeting at which a quorum is present.
Supplemental, minority, or additional views may be filed
following House rule XI, clause 2(l) and rule XIII, clause
3(a)(1). The time allowed for filing such views shall be three
calendar days, beginning on the day of notice, but excluding
Saturdays, Sundays, and legal holidays (unless the House is in
session on such a day), unless the committee agrees to a
different time, but agreement on a shorter time shall require
the concurrence of each member seeking to file such views. An
investigative or oversight report may be filed after sine die
adjournment of the last regular session of Congress, provided
that if a member gives timely notice of intention to file
supplemental, minority or additional views, that member shall
be entitled to not less than seven calendar days in which to
submit such views for inclusion with the report. Only those
reports approved by a majority vote of the committee may be
ordered printed, unless otherwise required by the Rules of the
House of Representatives.
Rule 5.--Proxy Votes
In accordance with the Rules of the House of
Representatives, members may not vote by proxy on any measure
or matter before the committee or any subcommittee.
[See House rule XI, 2(f).]
Rule 6.--Record Votes
A record vote of the members may be had upon the request of
any member upon approval of a one-fifth vote of the members
present.
Rule 7.--Record of Committee Actions
The committee staff shall maintain in the committee offices
a complete record of committee actions from the current
Congress including a record of the rollcall votes taken at
committee business meetings. The original records, or true
copies thereof, as appropriate, shall be available for public
inspection whenever the committee offices are open for public
business. The staff shall assure that such original records are
preserved with no unauthorized alteration, additions, or
defacement.
[See House rule XI, 2(e).]
Rule 8.--Subcommittees; Referrals
(a) There shall be five standing subcommittees with
appropriate party ratios. The chairman shall assign members to
subcommittees. Minority party assignments shall be made only
with the concurrence of the ranking minority member. The
subcommittees shall have the following fixed jurisdictions:
(1) Subcommittee on Domestic Policy.--Oversight
jurisdiction over domestic policies, including matters
relating to energy, labor, education, criminal justice,
and the economy. The subcommittee also has legislative
jurisdiction over the Office of National Drug Control
Policy;
(2) Subcommittee on Federal Workforce, Postal
Service, and the District of Columbia.--Federal
employee issues, the municipal affairs (other than
appropriations) of the District of Columbia, and the
Postal Service. The subcommittee's jurisdiction
includes postal namings, holidays, and celebrations;
(3) Subcommittee on Government Management,
Organization, and Procurement.--The management of
government operations, reorganizations of the executive
branch, and Federal procurement;
(4) Subcommittee on Information Policy, Census, and
National Archives.--Public information and records laws
such as the Freedom of Information Act, the
Presidential Records Act, and the Federal Advisory
Committee Act, the Census Bureau, and the National
Archives and Records Administration; and
(5) Subcommittee on National Security and Foreign
Affairs.-- Oversight jurisdiction over national
security, homeland security, and foreign affairs.
(b) Bills, resolutions, and other matters shall be
expeditiously referred by the chairman to subcommittees for
consideration or investigation in accordance with their fixed
jurisdictions. Where the subject matter of the referral
involves the jurisdiction of more than one subcommittee or does
not fall within any previously assigned jurisdiction, the
chairman shall refer the matter as he may deem advisable.
Bills, resolutions, and other matters referred to subcommittees
may be reassigned by the chairman when, in his judgment, the
subcommittee is not able to complete its work or cannot reach
agreement therein. In a subcommittee having an even number of
members, if there is a tie vote with all members voting on any
measure, the measure shall be placed on the agenda for full
committee consideration as if it had been ordered reported by
the subcommittee without recommendation. This provision shall
not preclude further action on the measure by the subcommittee.
Rule 9.--Ex Officio Members
The chairman and the ranking minority member of the
committee shall be ex officio members of all subcommittees.
They are authorized to vote on subcommittee matters; but,
unless they are regular members of the subcommittee, they shall
not be counted in determining a subcommittee quorum other than
a quorum for taking testimony.
Rule 10.--Staff
Except as otherwise provided by House rule X, clauses 6, 7
and 9, the chairman of the full committee shall have the
authority to hire and discharge employees of the professional
and clerical staff of the full committee and of subcommittees.
Rule 11.--Staff Direction
Except as otherwise provided by House rule X, clauses 6, 7
and 9, the staff of the committee shall be subject to the
direction of the chairman of the full committee and shall
perform such duties as he may assign.
Rule 12.--Hearing Dates and Witnesses
(a) Each subcommittee of the committee is authorized to
meet, hold hearings, receive testimony, mark up legislation,
and report to the full committee on any measure or matter
referred to it.
(b) No subcommittee of the committee may meet or hold a
hearing at the same time as a meeting or hearing of the
committee.
(c) The chair of each subcommittee shall set hearing and
meeting dates only with the approval of the chairman with a
view toward assuring the availability of meeting rooms and
avoiding simultaneous scheduling of committee and subcommittee
meetings or hearings.
(d) Each subcommittee chair shall notify the chairman of
any hearing plans at least two weeks before the date of
commencement of hearings, including the date, place, subject
matter, and the names of witnesses, willing and unwilling, who
would be called to testify, including, to the extent the chair
is advised thereof, witnesses whom the minority members may
request.
(e) Witnesses appearing before the committee shall, so far
as practicable, submit written statements at least 24 hours
before their appearance and, when appearing in a non-
governmental capacity, provide a curriculum vitae and a listing
of any Federal Government grants and contracts received in the
previous fiscal year.
[See House rules XI, 2(g)(3), (g)(4), (j) and (k).]
Rule 13.--Open Meetings
Meetings for the transaction of business and hearings of
the committee shall be open to the public or closed in
accordance with rule XI of the House of Representatives.
[See House rules XI, 2(g) and (k).]
Rule 14.--Five-Minute Rule
(a) A committee member may question a witness only when
recognized by the chairman for that purpose. In accordance with
House rule XI, clause 2(j)(2), each committee member may
request up to five minutes to question a witness until each
member who so desires has had such opportunity. Until all such
requests have been satisfied, the chairman shall, so far as
practicable, recognize alternately based on seniority of those
majority and minority members present at the time the hearing
was called to order and others based on their arrival at the
hearing. After that, additional time may be extended at the
direction of the chairman.
(b) The chairman, with the concurrence of the ranking
minority member, or the committee by motion, may permit an
equal number of majority and minority members to question a
witness for a specified, total period that is equal for each
side and not longer than thirty minutes for each side.
(c) The chairman, with the concurrence of the ranking
minority member, or the committee by motion, may permit
committee staff of the majority and minority to question a
witness for a specified, total period that is equal for each
side and not longer than thirty minutes for each side.
(d) Nothing in paragraph (b) or (c) affects the rights of a
Member (other than a Member designated under paragraph (b)) to
question a witness for 5 minutes in accordance with paragraph
(a) after the questioning permitted under paragraph (b) or (c).
In any extended questioning permitted under paragraph (b) or
(c), the chairman shall determine how to allocate the time
permitted for extended questioning by majority members or
majority committee staff and the ranking minority member shall
determine how to allocate the time permitted for extended
questioning by minority members or minority committee staff.
The chairman or the ranking minority member, as applicable, may
allocate the time for any extended questioning permitted to
staff under paragraph (c) to members.
Rule 15.--Investigative Hearing Procedures
Investigative hearings shall be conducted according to the
procedures in House rule XI, clause 2(k). All questions put to
witnesses before the committee shall be relevant to the subject
matter before the committee for consideration, and the chairman
shall rule on the relevance of any questions put to the
witnesses.
Rule 16.--Stenographic Record
A stenographic record of all testimony shall be kept of
public hearings and shall be made available on such conditions
as the chairman may prescribe.
Rule 17.--Audio and Visual Coverage of Committee Proceedings
(a) An open meeting or hearing of the committee or a
subcommittee may be covered, in whole or in part, by television
broadcast, radio broadcast, Internet broadcast, and still
photography, unless closed subject to the provisions of House
rule XI, clause 2(g). Any such coverage shall conform with the
provisions of House rule XI, clause 4.
(b) Use of the Committee Broadcast System shall be fair and
nonpartisan, and in accordance with House rule XI, clause 4(b),
and all other applicable rules of the House of Representatives
and the Committee on Oversight and Government Reform. Members
of the committee shall have prompt access to a copy of coverage
by the Committee Broadcast System, to the extent that such
coverage is maintained.
(c) Personnel providing coverage of an open meeting or
hearing of the committee or a subcommittee by Internet
broadcast, other than through the Committee Broadcast System,
shall be currently accredited to the Radio and Television
Correspondents' Galleries.
Rule 18.--Committee Web Site
The chairman shall maintain an official committee Web site
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
an official Web site for the purpose of carrying out official
responsibilities including but not limited to communicating
information about the activities of the minority to committee
members and other members of the House.
Rule 19.--Additional Duties and Authorities of Chairman
The chairman of the full committee shall:
(a) Make available to other committees the findings and
recommendations resulting from the investigations of the
committee or its subcommittees as required by House rule X,
clause 4(c)(2);
(b) Direct such review and studies on the impact or
probable impact of tax policies affecting subjects within the
committee's jurisdiction as required by House rule X, clause
2(c);
(c) Submit to the Committee on the Budget views and
estimates required by House rule X, clause 4(f), and to file
reports with the House as required by the Congressional Budget
Act;
(d) Authorize and issue subpoenas as provided in House rule
XI, clause 2(m), in the conduct of any investigation or
activity or series of investigations or activities within the
jurisdiction of the committee;
(e) Prepare, after consultation with subcommittee chairs
and the minority, a budget for the committee which shall
include an adequate budget for the subcommittees to discharge
their responsibilities;
(f) Make any necessary technical and conforming changes to
legislation reported by the committee upon unanimous consent;
and
(g) The chairman is directed to offer a motion under clause
1 of rule XXII of the Rules of the House whenever the chairman
considers it appropriate.
Rule 20.--Subjects of Stamps
The committee has adopted the policy that the determination
of the subject matter of commemorative stamps and new semi-
postal issues is properly for consideration by the Postmaster
General and that the committee will not give consideration to
legislative proposals specifying the subject matter of
commemorative stamps and new semi-postal issues. It is
suggested that recommendations for the subject matter of stamps
be submitted to the Postmaster General.
Rule 21.--Panels and Task Forces
(a) The chairman of the committee is authorized to appoint
panels or task forces to carry out the duties and functions of
the committee.
(b) The chairman and ranking minority member of the
committee may serve as ex-officio members of each panel or task
force.
(c) The chairman of any panel or task force shall be
appointed by the chairman of the committee. The ranking
minority member shall select a ranking minority member for each
panel or task force.
(d) The House and committee rules applicable to
subcommittee meetings, hearings, recommendations and reports
shall apply to the meetings, hearings, recommendations and
reports of panels and task forces.
(e) No panel or task force so appointed shall continue in
existence for more than six months. A panel or task force so
appointed may, upon the expiration of six months, be
reappointed by the chairman.
Rule 22.--Deposition Authority
The chairman, upon consultation with the ranking minority
member, may order the taking of depositions, under oath and
pursuant to notice or subpoena. Notices for the taking of
depositions shall specify the date, time, and place of
examination. Depositions shall be taken under oath administered
by a member or a person otherwise authorized to administer
oaths. Consultation with the ranking minority member shall
include three business days written notice before any
deposition is taken. All members shall also receive three
business days written notice that a deposition has been
scheduled. Witnesses may be accompanied at a deposition by
counsel to advise them of their rights. No one may be present
at depositions except members, committee staff designated by
the chairman or ranking minority member, an official reporter,
the witness, and the witness's counsel. Observers or counsel
for other persons, or for agencies under investigation, may not
attend. A deposition shall be conducted by any member or staff
attorney designated by the chairman or ranking minority member.
When depositions are conducted by committee staff attorneys,
there shall be no more than two committee staff attorneys
permitted to question a witness per round. One of the committee
staff attorneys shall be designated by the chairman and the
other by the ranking minority member. Other committee staff
members designated by the chairman or ranking minority member
may attend, but may not pose questions to the witness.
Questions in the deposition shall be propounded in rounds,
alternating between the majority and minority. A single round
shall not exceed 60 minutes per side, unless the members or
staff attorneys conducting the deposition agree to a different
length of questioning. In each round, a member or committee
staff attorney designated by the chairman shall ask questions
first, and the member or committee staff attorney designated by
the ranking minority member shall ask questions second. The
chairman may rule on any objections raised during a deposition.
If a member of the committee appeals in writing the ruling of
the chairman, the appeal shall be preserved for committee
consideration. A witness that refuses to answer a question
after being directed to answer by the chairman may be subject
to sanction, except that no sanctions may be imposed if the
ruling of the chairman is reversed on appeal. Committee staff
shall ensure that the testimony is either transcribed or
electronically recorded or both. If a witness's testimony is
transcribed, the witness or the witness's counsel shall be
afforded an opportunity to review a copy. No later than five
days thereafter, the witness may submit suggested changes to
the chairman. Committee staff may make any typographical and
technical changes requested by the witness. Substantive
changes, modifications, clarifications, or amendments to the
deposition transcript submitted by the witness must be
accompanied by a letter signed by the witness requesting the
changes and a statement of the witness's reasons for each
proposed change. Any substantive changes, modifications,
clarifications, or amendments shall be included as an appendix
to the transcript conditioned upon the witness signing the
transcript. The individual administering the oath, if other
than a member, shall certify on the transcript that the witness
was duly sworn. The transcriber shall certify that the
transcript is a true record of the testimony, and the
transcript shall be filed, together with any electronic
recording, with the clerk of the committee in Washington, DC.
Depositions shall be considered to have been taken in
Washington, DC, as well as the location actually taken once
filed there with the clerk of the committee for the committee's
use. The chairman and the ranking minority member shall be
provided with a copy of the transcripts of the deposition at
the same time. The chairman and ranking minority member shall
consult regarding the release of depositions. If either objects
in writing to a proposed release of a deposition or a portion
thereof, the matter shall be promptly referred to the committee
for resolution. A witness shall not be required to testify
unless the witness has been provided with a copy of the
committee's rules.
Committee on Rules
LOUISE McINTOSH SLAUGHTER, New
York, Chairwoman
DAVID DREIER, California, JAMES P. McGOVERN, Massachusetts,
Ranking Member Vice Chairman
LINCOLN DIAZ-BALART, Florida ALCEE L. HASTINGS, Florida
DOC HASTINGS, Washington DORIS O. MATSUI, California
PETE SESSIONS, Texas DENNIS A. CARDOZA, California
PETER WELCH, Vermont
KATHY CASTOR, Florida
MICHAEL A. ARCURI, New York
BETTY SUTTON, Ohio
(Adopted January 12, 2007)
Rule 1.--General Provisions
(a) The rules of the House are the rules of the Committee
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, are non-debatable privileged motions in
the Committee. A proposed investigative or oversight report
shall be considered as read if it has been available to the
members of the Committee for at least 24 hours (excluding
Saturdays, Sundays, or legal holidays except when the House is
in session on such day).
(b) Each subcommittee is a part of the Committee, and is
subject to the authority and direction of the Committee and to
its rules so far as applicable.
(c) The provisions of clause 2 of rule XI of the rules of
the House are incorporated by reference as the rules of the
Committee to the extent applicable.
(d) The Committee's rules shall be published in the
Congressional Record not later than 30 days after the Committee
is elected in each odd-numbered year.
Rule 2.--Regular, Additional, and Special Meetings
REGULAR MEETINGS
(a)(1) The Committee shall regularly meet at 10:00 a.m. on
Tuesday of each week when the House is in session.
(2) A regular meeting of the Committee may be dispensed
with if, in the judgment of the Chairman of the Committee
(hereafter in these rules referred to as the ``Chair''), there
is no need for the meeting.
(3) Additional regular meetings and hearings of the
Committee may be called by the Chair.
NOTICE FOR REGULAR MEETINGS
(b) The Chair shall notify in electronic or written form
each member of the Committee of the agenda of each regular
meeting of the Committee at least 48 hours before the time of
the meeting and shall provide to each member of the Committee,
at least 24 hours before the time of each regular meeting.
(1) for each bill or resolution scheduled on the
agenda for consideration of a rule, a copy of--
(A) the bill or resolution;
(B) any committee reports thereon; and
(C) any letter requesting a rule for the bill
or resolution; and
(2) for each other bill, resolution, report, or other
matter on the agenda a copy of--
(A) the bill, resolution, report, or
materials relating to the other matter in
question; and
(B) any report on the bill, resolution,
report, or any other matter made by any
subcommittee of the Committee.
EMERGENCY MEETINGS
(c)(1) The Chair may call an emergency meeting of the
Committee at any time on any measure or matter which the Chair
determines to be of an emergency nature; provided, however,
that the Chair has made an effort to consult the ranking
minority member, or, in such member's absence, the next ranking
minority party member of the Committee.
(2) As soon as possible after calling an emergency meeting
of the Committee, the Chair shall notify each member of the
Committee of the time and location of the meeting.
(3) To the extent feasible, the notice provided under
paragraph (2) shall include the agenda for the emergency
meeting and copies of available materials which would otherwise
have been provided under subsection (b) if the emergency
meeting was a regular meeting.
SPECIAL MEETINGS
(d) Special meetings shall be called and convened as
provided in clause 2(c)(2) of rule XI of the Rules of the
House.
Rule 3.--Meeting and Hearing Procedures
IN GENERAL
(a)(1) Meetings and hearings of the Committee shall be
called to order and presided over by the Chair or, in the
Chair's absence, by the member designated by the Chair as the
Vice Chair of the Committee, or by the ranking majority member
of the Committee present as Acting Chair.
(2) Meetings and hearings of the committee shall be open to
the public unless closed in accordance with clause 2(g) of rule
XI of the Rules of the House of Representatives.
(3) Any meeting or hearing of the Committee that is open to
the public shall be open to coverage by television, radio, and
still photography in accordance with the provisions of clause 4
of rule XI of the rules of the House (which are incorporated by
reference as part of these rules).
(4) When a recommendation is made as to the kind of rule
which should be granted for consideration of a bill or
resolution, a copy of the language recommended shall be
furnished to each member of the Committee at the beginning of
the Committee meeting at which the rule is to be considered or
as soon thereafter as the proposed language becomes available.
QUORUM
(b)(1) For the purpose of hearing testimony on requests for
rules, five members of the Committee shall constitute a quorum.
(2) For the purpose of taking testimony and receiving
evidence on measures or matters of original jurisdiction before
the Committee, three members of the Committee shall constitute
a quorum.
(3) A majority of the members of the Committee shall
constitute a quorum for the purposes of reporting any measure
or matter, of authorizing a subpoena, of closing a meeting or
hearing pursuant to clause 2(g) of rule XI of the Rules of the
House (except as provided in clause 2(g)(2)(A) and (B), or of
taking any other action).
VOTING
(c)(1) No vote may be conducted on any measure or motion
pending before the Committee unless a majority of the members
of the Committee is actually present for such purpose.
(2) A record vote of the Committee shall be provided on any
question before the Committee upon the request of any member.
(3) No vote by any member of the Committee on any measure
or matter may be cast by proxy.
(4) A record of the vote of each Member of the Committee on
each record vote on any matter before the Committee shall be
available for public inspection at the offices of the
Committee, and with respect to any record vote on any motion to
amend or report, shall be included in the report of the
Committee showing the total number of votes cast for and
against and the names of those members voting for and against.
HEARING PROCEDURES
(d)(1) With regard to hearings on matters of original
jurisdiction, to the greatest extent practicable:
(A) each witness who is to appear before the
Committee shall file with the committee at least 24
hours in advance of the appearance a statement of
proposed testimony in written and electronic form and
shall limit the oral presentation to the Committee to a
brief summary thereof; and
(B) each witness appearing in a non-governmental
capacity shall include with the statement of proposed
testimony provided in written and electronic form a
curriculum vitae and a disclosure of the amount and
source (by agency and program) of any Federal grant (or
subgrant thereof) or contract (or subcontract thereof)
received during the current fiscal year or either of
the two preceding fiscal years.
(2) The five-minute rule shall be observed in the
interrogation of each witness before the Committee until each
member of the Committee has had an opportunity to question the
witness.
(3) The provisions of clause 2(k) of rule XI of the rules
of the House shall apply to any hearing conducted by the
committee.
SUBPOENAS AND OATHS
(e)(1) Pursuant to clause 2(m) of rule XI of the rules of
the House of Representatives, a subpoena may be authorized and
issued by the Committee or a subcommittee in the conduct of any
investigation or series of investigations or activities, only
when authorized by a majority of the members voting, a majority
being present.
(2) The Chair may authorize and issue subpoenas under such
clause during any period in which the House has adjourned for a
period of longer than three days.
(3) Authorized subpoenas shall be signed by the Chair or by
any member designated by the Committee, and may be served by
any person designated by the Chair or such member.
(4) The Chair, or any member of the Committee designated by
the Chair, may administer oaths to witnesses before the
Committee.
Rule 4.--General Oversight Responsibilities
(a) The Committee shall review and study, on a continuing
basis, the application, administration, execution, and
effectiveness of those laws, or parts of laws, the subject
matter of which is within its jurisdiction.
(b) Not later than February 15 of the first session of a
Congress, the committee shall meet in open session, with a
quorum present, to adopt its oversight plans for that Congress
for submission to the Committee on House Administration and the
Committee on Government Reform, in accordance with the
provisions of clause 2(d) of House rule X.
Rule 5.--Subcommittees
ESTABLISHMENT AND RESPONSIBILITIES OF SUBCOMMITTEES
(a)(1) There shall be two subcommittees of the Committee as
follows:
(A) Subcommittee on Legislative and Budget Process,
which shall have general responsibility for measures or
matters related to relations between the Congress and
the Executive Branch.
(B) Subcommittee on Rules and Organization of the
House, which shall have general responsibility for
measures or matters related to process and procedures
of the House, relations between the two Houses of
Congress, relations between the Congress and the
Judiciary, and internal operations of the House.
(2) In addition, each such subcommittee shall have specific
responsibility for such other measures or matters as the Chair
refers to it.
(3) Each subcommittee of the Committee shall review and
study, on a continuing basis, the application, administration,
execution, and effectiveness of those laws, or parts of laws,
the subject matter of which is within its general
responsibility.
REFERRAL OF MEASURES AND MATTERS TO SUBCOMMITTEES
(b)(1) In view of the unique procedural responsibilities of
the Committee, no special order providing for the consideration
of any bill or resolution shall be referred to a subcommittee
of the Committee.
(2) The Chair shall refer to a subcommittee such measures
or matters of original jurisdiction as the Chair deems
appropriate given its jurisdiction and responsibilities.
(3) All other measures or matters of original jurisdiction
shall be subject to consideration by the full Committee.
(4) In referring any measure or matter of original
jurisdiction to a subcommittee, the Chair may specify a date by
which the subcommittee shall report thereon to the Committee.
(5) The Committee by motion may discharge a subcommittee
from consideration of any measure or matter referred to a
subcommittee of the Committee.
COMPOSITION OF SUBCOMMITTEES
(c) The size and ratio of each subcommittee shall be
determined by the Committee and members shall be elected to
each subcommittee, and to the positions of chairman and ranking
minority member thereof, in accordance with the rules of the
respective party caucuses. The Chair of the full committee
shall designate a member of the majority party on each
subcommittee as its vice chairman.
SUBCOMMITTEE MEETINGS AND HEARINGS
(d)(1) Each subcommittee of the Committee is authorized to
meet, hold hearings, receive testimony, mark up legislation,
and report to the full Committee on any measure or matter
referred to it.
(2) No subcommittee of the Committee may meet or hold a
hearing at the same time as a meeting or hearing of the full
Committee is being held.
(3) The chairman of each subcommittee shall schedule
meetings and hearings of the subcommittee only after
consultation with the Chair.
QUORUM
(e)(1) For the purpose of taking testimony, two members of
the subcommittee shall constitute a quorum.
(2) For all other purposes, a quorum shall consist of a
majority of the members of a subcommittee.
EFFECT OF A VACANCY
(f) Any vacancy in the membership of a subcommittee shall
not affect the power of the remaining members to execute the
functions of the subcommittee.
RECORDS
(g) Each subcommittee of the Committee shall provide the
full Committee with copies of such records of votes taken in
the subcommittee and such other records with respect to the
subcommittee necessary for the Committee to comply with all
rules and regulations of the House.
Rule 6.--Staff
IN GENERAL
(a)(1) Except as provided in paragraphs (2) and (3), the
professional and other staff of the Committee shall be
appointed, by the Chair, and shall work under the general
supervision and direction of the Chair.
(2) All professional, and other staff provided to the
minority party members of the Committee shall be appointed, by
the ranking minority member of the Committee, and shall work
under the general supervision and direction of such member.
(3) The appointment of all professional staff shall be
subject to the approval of the Committee as provided by, and
subject to the provisions of, clause 9 of rule X of the Rules
of the House.
ASSOCIATE STAFF
(b) Associate staff for members of the Committee may be
appointed only at the discretion of the Chair (in consultation
with the ranking minority member regarding any minority party
associate staff), after taking into account any staff ceilings
and budgetary constraints in effect at the time, and any terms,
limits, or conditions established by the Committee on House
Administration under clause 9 of rule X of the rules of the
House.
SUBCOMMITTEE STAFF
(c) From funds made available for the appointment of staff,
the Chair of the Committee shall, pursuant to clause 6(d) of
rule X of the rules of the House, ensure that sufficient staff
is made available to each subcommittee to carry out its
responsibilities under the rules of the Committee, and, after
consultation with the ranking minority member of the Committee,
that the minority party of the Committee is treated fairly in
the appointment of such staff.
COMPENSATION OF STAFF
(d) The Chair shall fix the compensation of all
professional and other staff of the Committee, after
consultation with the ranking minority member regarding any
minority party staff.
CERTIFICATION OF STAFF
(e)(1) To the extent any staff member of the Committee or
any of its subcommittees does not work under the direct
supervision and direction of the Chair, the Member of the
Committee who supervises and directs the staff member's work
shall file with the Chief of Staff of the Committee (not later
than the tenth day of each month) a certification regarding the
staff member's work for that member for the preceding calendar
month.
(2) The certification required by paragraph (1) shall be in
such form as the Chair may prescribe, shall identify each staff
member by name, and shall state that the work engaged in by the
staff member and the duties assigned to the staff member for
the member of the Committee with respect to the month in
question met the requirements of clause 9 of rule X of the
rules of the House.
(3) Any certification of staff of the Committee, or any of
its subcommittees, made by the Chair in compliance with any
provision of law or regulation shall be made--
(A) on the basis of the certifications filed under
paragraph (1) to the extent the staff is not under the
Chair's supervision and direction, and
(B) on his own responsibility to the extent the staff
is under the Chair's direct supervision and direction.
Rule 7.--Budget, Travel, Pay of Witnesses
BUDGET
(a) The Chair, in consultation with other members of the
Committee, shall prepare for each Congress a budget providing
amounts for staff, necessary travel, investigation, and other
expenses of the Committee and its subcommittees.
TRAVEL
(b)(1) The Chair may authorize travel for any member and
any staff member of the Committee in connection with activities
or subject matters under the general jurisdiction of the
Committee. Before such authorization is granted, there shall be
submitted to the Chair in writing the following:
(A) The purpose of the travel.
(B) The dates during which the travel is to occur.
(C) The names of the States or countries to be
visited and the length of time to be spent in each.
(D) The names of members and staff of the Committee
for whom the authorization is sought.
(2) Members and staff of the Committee shall make a written
report to the Chair on any travel they have conducted under
this subsection, including a description of their itinerary,
expenses, and activities, and of pertinent information gained
as a result of such travel. (3) Members and staff of the
Committee performing authorized travel on official business
shall be governed by applicable laws, resolutions, and
regulations of the House and of the Committee on House
Administration.
PAY OF WITNESSES
(c) Witnesses may be paid from funds made available to the
Committee in its expense resolution subject to the provisions
of clause 5 of rule XI of the rules of the House.
Rule 8.--Committee Administration
REPORTING
(a) Whenever the Committee authorizes the favorable
reporting of a bill or resolution from the Committee--
(1) the Chair or acting Chair shall report it to the
House or designate a member of the Committee to do so,
and
(2) in the case of a bill or resolution in which the
Committee has original jurisdiction, the Chair shall
allow, to the extent that the anticipated floor
schedule permits, any member of the Committee a
reasonable amount of time to submit views for inclusion
in the Committee report on the bill or resolution. Any
such report shall contain all matters required by the
rules of the House of Representatives (or by any
provision of law enacted as an exercise of the
rulemaking power of the House) and such other
information as the Chair deems appropriate.
RECORDS
(b)(1) There shall be a transcript made of each regular
meeting and hearing of the Committee, and the transcript may be
printed if the Chair decides it is appropriate or if a majority
of the Members of the Committee requests such printing. Any
such transcripts shall be a substantially verbatim account of
remarks actually made during the proceedings, subject only to
technical, grammatical, and typographical corrections
authorized by the person making the remarks. Nothing in this
paragraph shall be construed to require that all such
transcripts be subject to correction and publication.
(2) The Committee shall keep a record of all actions of the
Committee and of its subcommittees. The record shall contain
all information required by clause 2(e)(1) of rule XI of the
rules of the House of Representatives and shall be available
for public inspection at reasonable times in the offices of the
Committee.
(3) All Committee hearings, records, data, charts, and
files shall be kept separate and distinct from the
congressional office records of the Chair, shall be the
property of the House, and all Members of the House shall have
access thereto as provided in clause 2(e)(2) of rule XI of the
Rules of the House.
(4) 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. The
Chair shall notify the ranking minority member of any decision,
pursuant to clause 3(b)(3) or clause 4(b) of the rule, to
withhold a record otherwise available, and the matter shall be
presented to the Committee for a determination on written
request of any member of the Committee.
COMMITTEE PUBLICATIONS ON THE INTERNET
(c) To the maximum extent feasible, the Committee shall
make its publications available in electronic form.
CALENDARS
(d)(1) The Committee shall maintain a Committee Calendar,
which shall include all bills, resolutions, and other matters
referred to or reported by the Committee and all bills,
resolutions, and other matters reported by any other committee
on which a rule has been granted or formally requested, and
such other matters as the Chair shall direct. The Calendar
shall be published periodically, but in no case less often than
once in each session of Congress.
(2) The staff of the Committee shall furnish each member of
the Committee with a list of all bills or resolutions:
(A) reported from the Committee but not yet
considered by the House, and
(B) on which a rule has been formally requested but
not yet granted. The list shall be updated each week
when the House is in session.
(3) For purposes of paragraphs (1) and (2), a rule is
considered as formally requested when the Chairman of a
committee which has reported a bill or resolution (or a member
of such committee authorized to act on the Chairman's behalf):
(A) has requested, in writing to the Chair, that a
hearing be scheduled on a rule for the consideration of
the bill or resolution, and
(B) has supplied the Committee with an adequate
number of copies of the bill or resolution, as
reported, together with the final printed committee
report thereon.
OTHER PROCEDURES
(e) The Chair may establish such other Committee procedures
and take such actions as may be necessary to carry out these
rules or to facilitate the effective operation of the Committee
and its subcommittees in a manner consistent with these rules.
Rule 9.--Amendments to Committee Rules
The rules of the Committee may be modified, amended or
repealed, in the same manner and method as prescribed for the
adoption of committee rules in clause 2 of rule XI of the Rules
of the House, but only if written notice of the proposed change
has been provided to each such Member at least 48 hours before
the time of the meeting at which the vote on the change occurs.
Any such change in the rules of the Committee shall be
published in the Congressional Record within 30 calendar days
after their approval.
Committee on Science and Technology
BART GORDON, Tennessee, Chairman
RALPH M. HALL, Texas, JERRY F. COSTELLO, Illinois
Ranking Member EDDIE BERNICE JOHNSON, Texas
F. JAMES SENSENBRENNER Jr., LYNN C. WOOLSEY, California
Wisconsin MARK UDALL, Colorado
LAMAR SMITH, Texas DAVID WU, Oregon
DANA ROHRABACHER, California BRIAN BAIRD, Washington
ROSCOE G. BARTLETT, Maryland BRAD MILLER, North Carolina
VERNON J. EHLERS, Michigan DANIEL LIPINSKI, Illinois,
FRANK D. LUCAS, Oklahoma Vice Chairman
JUDY BIGGERT, Illinois NICK LAMPSON, Texas
W. TODD AKIN, Missouri GABRIELLE GIFFORDS, Arizona
JO BONNER, Alabama JERRY McNERNEY, California
TOM FEENEY, Florida LAURA RICHARDSON, California*****
RANDY NEUGEBAUER, Texas PAUL E. KANJORSKI, Pennsylvania*
BOB INGLIS, South Carolina DARLENE HOOLEY, Oregon*
DAVID REICHERT, Washington** STEVEN R. ROTHMAN, New Jersey
MICHAEL T. McCAUL, Texas MICHAEL M. HONDA, California
MARIO DIAZ-BALART, Florida JIM MATHESON, Utah
PHIL GINGREY, Georgia MIKE ROSS, Arkansas
BRIAN P. BILBRAY, California BEN CHANDLER, Kentucky
ADRIAN SMITH, Nebraska RUSS CARNAHAN, Missouri
PAUL C. BROUN, Georgia*** CHARLIE MELANCON, Louisiana
[VACANCY] BARON P. HILL, Indiana
[VACANCY] HARRY E. MITCHELL, Arizona
CHARLES A. WILSON, Ohio
----------
*Appointed to the Science and Technology Committee on January 23, 2007.
**Appointed to the Science and Technology Committee on March 12, 2007.
***Appointed to the Science and Technology Committee on July 25, 2007
following his election in a special election.
****Rep. Ken Calvert resigned from the Science and Technology Committee
on May 16, 2007.
*****Appointed to the Science and Technology Committee on September 20,
2007, filling a vacancy created by the resignation of Rep. Michael
Honda effective that same day.
(Adopted January 24, 2007)
Rule 1.--General Provisions
GENERAL STATEMENT
(a) The Rules of the House of Representatives, as
applicable, shall govern the Committee and its Subcommittees,
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, are privileged
motions in the Committee and its Subcommittees and shall be
decided without debate. The rules of the Committee, as
applicable, shall be the rules of its Subcommittees. The rules
of germaneness shall be enforced by the Chairman. [XI 1(a)]
MEMBERSHIP
(b) A majority of the majority Members of the Committee
shall determine an appropriate ratio of majority to minority
Members of each Subcommittee and shall authorize the Chairman
to negotiate that ratio with the minority party; Provided,
however, that party representation on each Subcommittee
(including any ex-officio Members) shall be no less favorable
to the majority party than the ratio for the Full Committee.
Provided, further, that recommendations of conferees to the
Speaker shall provide a ratio of majority party Members to
minority party Members which shall be no less favorable to the
majority party than the ratio of the Full Committee.
POWER TO SIT AND ACT; SUBPOENA POWER
(c)(1) Notwithstanding paragraph (2), a subpoena may be
authorized and issued in the conduct of any investigation or
series of investigations or activities to require the
attendance and testimony of such witnesses and the production
of such books, records, correspondence, memoranda, papers and
documents as deemed necessary, only when authorized by majority
vote of the Full Committee or Subcommittee (as the case may
be), a majority of the Committee or Subcommittee being present.
Authorized subpoenas shall be signed only by the Chairman of
the Full Committee, or by any member designated by the
Chairman. [XI 2(m)]
(2) The Chairman of the Full Committee, after consultation
with the Ranking Minority Member of the Full Committee, or if
the Ranking Member cannot be reached, the Ranking Minority
Member of the relevant Subcommittee, may authorize and issue
such subpoenas as described in paragraph (1), during any period
in which the House has adjourned for a period longer than seven
(7) days. [XI 2(m)(3)(A)(i)]
(3) A subpoena duces tecum may specify terms of return
other than at a meeting or a hearing of the Committee.
SENSITIVE OR CONFIDENTIAL INFORMATION RECEIVED PURSUANT TO SUBPOENA
(d) Unless otherwise determined by the Committee or
Subcommittee, certain information received by the Committee or
Subcommittee pursuant to a subpoena not made part of the record
at an open hearing shall be deemed to have been received in
Executive Session when the Chairman of the Full Committee, in
his judgment and after consultation with the Ranking Minority
Member, deems that in view of all the circumstances, such as
the sensitivity of the information or the confidential nature
of the information, such action is appropriate.
NATIONAL SECURITY INFORMATION
(e) All national security information bearing a
classification of secret or higher which has been received by
the Committee or a Subcommittee shall be deemed to have been
received in Executive Session and shall be given appropriate
safekeeping. The Chairman of the Full Committee may establish
such regulations and procedures as in his judgment are
necessary to safeguard classified information under the control
of the Committee. Such procedures shall, however, ensure access
to this information by any Member of the Committee, or any
other Member of the House of Representatives who has requested
the opportunity to review such material.
OVERSIGHT
(f) Not later than February 15 of the first session of a
Congress, the Committee shall meet in open session, with a
quorum present, to adopt its oversight plans for that Congress
for submission to the Committee on Government Reform and the
Committee on House Administration, in accordance with the
provisions of clause 2(d) of rule X of the House of
Representatives.
(g) The Chairman of the Full Committee may undertake any
formal investigation in the name of the Committee after
consultation with the Ranking Minority Member of the Full
Committee.
(h) The Chairman of any Subcommittee shall not undertake
any formal investigation in the name of the Full Committee or
Subcommittee without formal approval by the Chairman of the
Full Committee, in consultation with other appropriate
Subcommittee Chairmen, and after consultation with the Ranking
Minority Member of the Full Committee. The Chairman of any
Subcommittee shall also consult with the Ranking Minority
Member of the Subcommittee before undertaking any investigation
in the name of the Committee.
ORDER OF BUSINESS
(i) The order of business and procedure of the Committee
and the subjects of inquiries or investigations will be decided
by the Chairman, subject always to an appeal to the Committee.
SUSPENDED PROCEEDINGS
(j) During the consideration of any measure or matter, the
Chairman of the Full Committee, or of any Subcommittee, or any
Member acting as such, may recess the Committee at any point.
Additionally, during the consideration of any measure or
matter, the Chairman of the Full Committee, or of any
Subcommittee shall suspend further proceedings after a question
has been put to the Committee at any time when there is a vote
by electronic device occurring in the House of Representatives.
Suspension of proceedings after a record vote is ordered on the
question of approving a measure or matter or on adopting an
amendment, shall be conducted in compliance with the provisions
of rule 2(t).
OTHER PROCEDURES
(k) The Chairman of the Full Committee, after consultation
with the Ranking Minority Member, may establish such other
procedures and take such actions as may be necessary to carry
out the foregoing rules or to facilitate the effective
operation of the Committee.
USE OF HEARING ROOMS
(l) In consultation with the Ranking Minority Member, the
Chairman of the full Committee shall establish guidelines for
use of Committee hearing rooms.
Rule 2.--Committee Meetings and Procedures
quorum [xi 2(h)]
(a)(1) One-third of the Members of the Committee shall
constitute a quorum for all purposes except as provided in
paragraphs (2) and (3) of this rule.
(2) A majority of the Members of the Committee shall
constitute a quorum in order to: (A) report or table any
legislation, measure, or matter; (B) close Committee meetings
or hearings pursuant to rules 2(c) and 2(d); and, (C) authorize
the issuance of subpoenas pursuant to rule 1(c).
(3) Two (2) Members of the Committee shall constitute a
quorum for taking testimony and receiving evidence, which,
unless waived by the Chairman of the Full Committee after
consultation with the Ranking Minority Member of the Full
Committee, shall include at least one (1) Member from each of
the majority and minority parties.
TIME AND PLACE
(b)(1) Unless dispensed with by the Chairman, the meetings
of the Committee shall be held on the 2nd and 4th Wednesdays of
each month the House is in session at 10:00 a.m. and at such
other times and in such places as the Chairman may designate.
[XI 2(b)]
(2) The Chairman of the Committee may convene, as
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
subject to such rules as the Committee may adopt. The Committee
shall meet for such purpose under that call of the Chairman.
[XI 2(c)]
(3) The Chairman shall make a public announcement of the
date, time, place and subject matter of any of its hearings,
and to the extent practicable, a list of witnesses at least one
(1) week before the commencement of the hearing. If the
Chairman, with the concurrence of the Ranking Minority Member,
determines there is good cause to begin the hearing sooner, or
if the Committee so determines by majority vote, a quorum being
present for the transaction of business, the Chairman shall
make the announcement at the earliest possible date. Any
announcement made under this rule shall be promptly published
in the Daily Digest, and promptly made available by electronic
form, including the Committee web site. [XI 2(g)(3)]
open meetings [xi 2(g)]
(c) Each meeting for the transaction of business, including
the markup of legislation, of the Committee shall be open to
the public, including to radio, television, and still
photography coverage, except when the Committee, in open
session and with a majority present, determines by record vote
that all or part of the remainder of the meeting on that day
shall be in executive session because disclosure of matters to
be considered would endanger national security, would
compromise sensitive law enforcement information, would tend to
defame, degrade or incriminate any person or otherwise would
violate any law or rule of the House. Persons other than
Members of the Committee and such non-Committee Members,
Delegates, Resident Commissioner, congressional staff, or
departmental representatives as the Committee may authorize,
may not be present at a business or markup session that is held
in executive session. This rule does not apply to open
Committee hearings which are provided for by rule 2(d).
(d)(1) Each hearing conducted by the Committee shall be
open to the public including radio, television, and still
photography coverage except when the Committee, in open session
and with a majority present, determines by record vote that all
or part of the remainder of that hearing on that day shall be
closed to the public because disclosure of testimony, evidence,
or other matters to be considered would endanger national
security, would compromise sensitive law enforcement
information, or would violate a law or rule of the House of
Representatives. Notwithstanding the requirements of the
preceding sentence, and rule 2(q) a majority of those present,
there being in attendance the requisite number required under
the rules of the Committee to be present for the purpose of
taking testimony:
(A) may vote to close the hearing for the sole
purpose of discussing whether testimony or evidence to
be received would endanger the national security, would
compromise sensitive law enforcement information or
would violate rule XI 2(k)(5) of the Rules of the House
of Representatives; or
(B) may vote to close the hearing, as provided in
rule XI 2(k)(5) of the Rules of the House of
Representatives. No Member, Delegate, or Resident
Commissioner may be excluded from non-participatory
attendance at any hearing of any Committee or
Subcommittee, unless the House of Representatives shall
by majority vote authorize a particular Committee or
Subcommittee, for purposes of a particular series of
hearings on a particular article of legislation or on a
particular subject of investigation, to close its
hearings to Members, Delegate, and the Resident
Commissioner by the same procedures designated in this
rule for closing hearings to the public; Provided,
however, that the Committee or Subcommittee may by the
same procedure, vote to close one subsequent day of the
hearing.
AUDIO AND VISUAL COVERAGE [XI, CLAUSE 4]
(e)(1) Whenever a hearing or meeting conducted by the
Committee is open to the public, these proceedings shall be
open to coverage by television, radio, and still photography,
except as provided in rule XI 4(f)(2) of the House of
Representatives. The Chairman shall not be able to limit the
number of television, or still cameras to fewer than two (2)
representatives from each medium (except for legitimate space
or safety considerations in which case pool coverage shall be
authorized).
(2)(A) Radio and television tapes, television film, and
internet recordings of any Committee hearings or meetings that
are open to the public may not be used, or made available for
use, as partisan political campaign material to promote or
oppose the candidacy of any person for elective public office.
(B) It is, further, the intent of this rule that the
general conduct of each meeting or hearing covered under
authority of this rule by audio or visual means, and the
personal behavior of the Committee Members and staff, other
government officials and personnel, witnesses, television,
radio, and press media personnel, and the general public at the
meeting or hearing, shall be in strict conformity with and
observance of the acceptable standards of dignity, propriety,
courtesy, and decorum traditionally observed by the House in
its operations, and may not be such as to:
(i) distort the objects and purposes of the meeting
or hearing or the activities of Committee Members in
connection with that meeting or hearing or in
connection with the general work of the Committee or of
the House; or
(ii) cast discredit or dishonor on the House, the
Committee, or a Member, Delegate, or Resident
Commissioner or bring the House, the Committee, or a
Member, Delegate, or Resident Commissioner into
disrepute.
(C) The coverage of Committee meetings and hearings by
audio and visual means shall be permitted and conducted only in
strict conformity with the purposes, provisions, and
requirements of this rule.
(f) The following shall apply to coverage of Committee
meetings or hearings by audio or visual means:
(1) If audio or visual coverage of the hearing or
meeting is to be presented to the public as live
coverage, that coverage shall be conducted and
presented without commercial sponsorship.
(2) The allocation among the television media of the
positions or the number of television cameras permitted
by a Committee or Subcommittee Chairman in a hearing or
meeting room shall be in accordance with fair and
equitable procedures devised by the Executive Committee
of the Radio and Television Correspondents' Galleries.
(3) Television cameras shall be placed so as not to
obstruct in any way the space between a witness giving
evidence or testimony and any member of the Committee
or the visibility of that witness and that member to
each other.
(4) Television cameras shall operate from fixed
positions but may not be placed in positions that
obstruct unnecessarily the coverage of the hearing or
meeting by the other media.
(5) Equipment necessary for coverage by the
television and radio media may not be installed in, or
removed from, the hearing or meeting room while the
Committee is in session.
(6)(A) Except as provided in subdivision (B),
floodlights, spotlights, strobelights, and flashguns
may not be used in providing any method of coverage of
the hearing or meeting.
(B) The television media may install additional
lighting in a hearing or meeting room, without cost to
the Government, in order to raise the ambient lighting
level in a hearing or meeting room to the lowest level
necessary to provide adequate television coverage of a
hearing or meeting at the current state of the art of
television coverage.
(7) In the allocation of the number of still
photographers permitted by a Committee or Subcommittee
Chairman in a hearing or meeting room, preference shall
be given to photographers from Associated Press Photos
and United Press International Newspictures. If
requests are made by more of the media than will be
permitted by a Committee or Subcommittee Chairman for
coverage of a hearing or meeting by still photography,
that coverage shall be permitted on the basis of a fair
and equitable pool arrangement devised by the Standing
Committee of Press Photographers.
(8) Photographers may not position themselves between
the witness table and the members of the Committee at
any time during the course of a hearing or meeting.
(9) Photographers may not place themselves in
positions that obstruct unnecessarily the coverage of
the hearing by the other media.
(10) Personnel providing coverage by the television
and radio media shall be currently accredited to the
Radio and Television Correspondents' Galleries.
(11) Personnel providing coverage by still
photography shall be currently accredited to the Press
Photographers' Gallery.
(12) Personnel providing coverage by the television
and radio media and by still photography shall conduct
themselves and their coverage activities in an orderly
and unobtrusive manner.
SPECIAL MEETINGS
(g) Rule XI 2(c) of the Rules of the House of
Representatives is hereby incorporated by reference (Special
Meetings).
VICE CHAIRMAN TO PRESIDE IN ABSENCE OF CHAIRMAN
(h) A Member of the majority party on the Committee, or any
Subcommittee, shall be designated by the Chairman of the Full
Committee as the Vice Chairman of the Committee or
Subcommittee, as the case may be, and shall preside during the
absence of the Chairman from any meeting. If the Chairman and
Vice-Chairman of the Committee or Subcommittee are not present
at any meeting of the Committee or Subcommittee, the Ranking
Majority Member who is present shall preside at that meeting.
[XI 2(d)]
OPENING STATEMENTS; 5-MINUTE RULE
(i) Insofar as is practicable, the Chairman, after
consultation with the Ranking Minority Member, shall limit the
total time of opening statements by Members to no more than 10
minutes, the time to be divided equally between the Chairman
and Ranking Minority Member. The time any one (1) Member may
address the Committee on any bill, motion or other matter under
consideration by the Committee or the time allowed for the
questioning of a witness at hearings before the Committee will
be limited to five (5) minutes, and then only when the Member
has been recognized by the Chairman, except that this time
limit may be waived by the Chairman or acting Chairman. [XI
2(j)]
(j) Notwithstanding rule 2(i), upon a motion the Chairman,
in consultation with the Ranking Minority Member, may designate
an equal number of members from each party to question a
witness for a period not to exceed one (1) hour in the
aggregate or, upon a motion, may designate staff from each
party to question a witness for equal specific periods that do
not exceed one (1) hour in the aggregate. [XI 2(j)]
PROXIES
(k) No Member may authorize a vote by proxy with respect to
any measure or matter before the Committee. [XI 2(f)]
WITNESSES
(l)(1) Insofar as is practicable, each witness who is to
appear before the Committee shall file no later than 24 hours
in advance of his or her appearance, both a statement of the
proposed testimony and a curriculum vitae in printed copy and
electronic form. Each witness shall limit his or her
presentation to a five (5) minute summary, provided that
additional time may be granted by the Chairman when
appropriate. [XI 2(g)(4)]
(2) To the greatest extent practicable, each witness
appearing before the Committee shall include with the written
statement of proposed testimony a disclosure of any financial
interests which are relevant to the subject of his or her
testimony. These include, but are not limited to, public and
private research grants, stock or stock options held in
publicly traded and privately owned companies, and any form of
payment or compensation from any relevant entity. The source
and amount of the financial interest should be included in this
disclosure.
(3) Members of the Committee have two weeks from the date
of a hearing to submit additional questions for the record, to
be answered by witnesses who have appeared in person. The
letters of transmittal and any responses thereto shall be
printed in the hearing record.
(m) Whenever any hearing is conducted by the Committee on
any measure or matter, the minority Members of the Committee
shall be entitled, upon request to the Chairman by a majority
of them before the completion of the hearing, to call witnesses
selected by the minority to testify with respect to the measure
or matter during at least one (1) day of hearing thereon. [XI
2(j)(1)]
HEARING PROCEDURES
(n) Rule XI 2(k) of the Rules of the House of
Representatives is hereby incorporated by reference.
BILL AND SUBJECT MATTER CONSIDERATION
(o) Bills and other substantive matters may be taken up for
consideration only when called by the Chairman of the Committee
or by a majority vote of a quorum of the Committee, except
those matters which are the subject of special-call meetings
outlined in rule 2(g). [XI 2(c)]
PRIVATE BILLS
(p) No private bill will be reported by the Committee if
there are two (2) or more dissenting votes. Private bills so
rejected by the Committee will not be reconsidered during the
same Congress unless new evidence sufficient to justify a new
hearing has been presented to the Committee.
CONSIDERATION OF MEASURE OR MATTER
(q)(1) It shall not be in order for the Committee to
consider any new or original measure or matter unless written
notice of the date, place and subject matter of consideration
and to the maximum extent practicable, a written copy of the
measure or matter to be considered, and to the maximum extent
practicable the original text for purposes of markup of the
measure to be considered have been available to each Member of
the Committee for at least 48 hours in advance of
consideration, excluding Saturdays, Sundays and legal holidays.
To the maximum extent practicable, amendments to the measure or
matter to be considered, shall be submitted in writing to the
Clerk of the Committee at least 24 hours prior to the
consideration of the measure or matter.
(2) Notwithstanding paragraph (1) of this rule,
consideration of any legislative measure or matter by the
Committee shall be in order by vote of two-thirds of the
Members present, provided that a majority of the Committee is
present.
REQUESTS FOR WRITTEN MOTIONS
(r) Any legislative or non-procedural motion made at a
regular or special meeting of the Committee and which is
entertained by the Chairman shall be presented in writing upon
the demand of any Member present and a copy made available to
each Member present.
REQUESTS FOR RECORD VOTES AT FULL COMMITTEE
(s) A record vote of the Members may be had at the request
of three (3) or more Members or, in the apparent absence of a
quorum, by any one (1) Member.
POSTPONEMENT OF PROCEEDINGS
(t) The Chairman of the Full Committee, or of any
Subcommittee, is authorized to postpone further proceedings
when a record vote is ordered on the question of approving a
measure or matter or on adopting an amendment, and to resume
proceedings on a postponed question at any time after
reasonable notice. Upon resuming proceedings 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. [XI (2)(h)(4)]
REPORT LANGUAGE ON USE OF FEDERAL RESOURCES
(u) No legislative report filed by the Committee on any
measure or matter reported by the Committee shall contain
language which has the effect of specifying the use of federal
resources more explicitly (inclusively or exclusively) than
that specified in the measure or matter as ordered reported,
unless such language has been approved by the Committee during
a meeting or otherwise in writing by a majority of the Members.
COMMITTEE RECORDS
(v)(1) The Committee shall keep a complete record of all
Committee action which shall include a record of the votes on
any question on which a record vote is demanded. The result of
each record vote shall be made available by the Committee for
inspection by the public at reasonable times in the offices of
the Committee. Information so available for public inspection
shall include a description of the amendment, motion, order, or
other proposition and the name of each Member voting for and
each Member voting against such amendment, motion, order, or
proposition, and the names of those Members present but not
voting. [XI 2(e)]
(2) 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 the rule, 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. [XI 2(e)(3)]
(3) To the maximum extent feasible, the Committee shall
make its publications available in electronic form, including
the Committee Web site. [XI 2(e)(4)]
(4)(A) Except as provided for in subdivision (B), all
Committee hearings, records, data, charts, and files shall be
kept separate and distinct from the congressional office
records of the member serving as its Chairman. Such records
shall be the property of the House, and each Member, Delegate,
and the Resident Commissioner, shall have access thereto.
(B) A Member, Delegate, or Resident Commissioner, other
than members of the Committee on Standards of Official Conduct,
may not have access to the records of the Committee respecting
the conduct of a Member, Delegate, Resident Commissioner,
officer, or employee of the House without the specific prior
permission of the Committee.
PUBLICATION OF COMMITTEE HEARINGS AND MARKUPS
(w) The transcripts of those hearings conducted by the
Committee shall be published as a substantially verbatim
account of remarks actually made during the proceedings,
subject only to technical, grammatical, and typographical
corrections authorized by the person making the remarks
involved. Transcripts of markups shall be recorded and
published in the same manner as hearings before the Committee
and shall be included as part of the legislative report unless
waived by the Chairman. [XI 2(e)(1)(A)]
COMMITTEE WEB SITE
(x) The Chairman shall maintain an official Committee Web
site 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 Web site for the same purpose,
including communicating information about the activities of the
minority to Committee Members and other Members of the House.
Rule 3.--Subcommittees
STRUCTURE AND JURISDICTION
(a) The Committee shall have the following standing
Subcommittees with the jurisdiction indicated.
(1) Subcommittee on Energy and Environment
Legislative jurisdiction and general oversight and
investigative authority on all matters relating to energy
research, development, and demonstration and projects therefor,
commercial application of energy technology, and environmental
research including:
<bullet> Department of Energy research, development,
and demonstration programs;
<bullet> Department of Energy laboratories;
<bullet> Department of Energy science activities;
<bullet> energy supply activities;
<bullet> nuclear, solar and renewable energy, and
other advanced energy technologies;
<bullet> uranium supply and enrichment, and
Department of Energy waste management and environment,
safety, and health activities as appropriate;
<bullet> fossil energy research and development;
<bullet> clean coal technology;
<bullet> energy conservation research and
development;
<bullet> energy aspects of climate change;
<bullet> pipeline research, development, and
demonstration projects;
<bullet> energy and environmental standards;
<bullet> energy conservation including building
performance, alternate fuels for and improved
efficiency of vehicles, distributed power systems, and
industrial process improvements;
<bullet> Environmental Protection Agency research and
development programs;
<bullet> National Oceanic and Atmospheric
Administration, including all activities related to
weather, weather services, climate, and the atmosphere,
and marine fisheries, and oceanic research;
<bullet> risk assessment activities; and
<bullet> scientific issues related to environmental
policy, including climate change.
(2) Subcommittee on Technology and Innovation
Legislative jurisdiction and general oversight and
investigative authority on all matters relating to
competitiveness, technology, standards, and innovation:
<bullet> standardization of weights and measures
including technical standards, standardization, and
conformity assessment;
<bullet> measurement, including the metric system of
measurement;
<bullet> the Technology Administration of the
Department of Commerce;
<bullet> the National Institute of Standards and
Technology;
<bullet> the National Technical Information Service;
<bullet> competitiveness, including small business
competitiveness;
<bullet> tax, antitrust, regulatory and other legal
and governmental policies as they relate to
technological development and commercialization;
<bullet> technology transfer including civilian use
of defense technologies;
<bullet> patent and intellectual property policy;
<bullet> international technology trade;
<bullet> research, development, and demonstration
activities of the Department of Transportation;
<bullet> surface and water transportation research,
development, and demonstration programs;
<bullet> earthquake programs (except for NSF) and
fire research programs including those related to
wildfire proliferation research and prevention;
<bullet> biotechnology policy;
<bullet> research, development, demonstration, and
standards related activities of the Department of
Homeland Security;
<bullet> Small Business Innovation Research and
Technology Transfer; and
<bullet> voting technologies and standards.
(3) Subcommittee on Research and Science Education
Legislative jurisdiction and general oversight and
investigative authority on all matters relating to science
policy and science education including:
<bullet> Office of Science and Technology Policy;
<bullet> all scientific research, and scientific and
engineering resources (including human resources),
math, science and engineering education;
<bullet> intergovernmental mechanisms for research,
development, and demonstration and cross-cutting
programs;
<bullet> international scientific cooperation;
<bullet> National Science Foundation, including NSF
earthquake programs;
<bullet> university research policy, including
infrastructure and overhead;
<bullet> university research partnerships, including
those with industry;
<bullet> science scholarships;
<bullet> issues relating to computers,
communications, and information technology;
<bullet> research and development relating to health,
biomedical, and nutritional programs;
<bullet> to the extent appropriate, agricultural,
geological, biological and life sciences research; and
<bullet> materials research, development, and
demonstration and policy.
(4) Subcommittee on Space and Aeronautics
Legislative jurisdiction and general oversight and
investigative authority on all matters relating to
astronautical and aeronautical research and development
including:
<bullet> national space policy, including access to
space;
<bullet> sub-orbital access and applications;
<bullet> National Aeronautics and Space
Administration and its contractor and government-
operated laboratories;
<bullet> space commercialization including the
commercial space activities relating to the Department
of Transportation and the Department of Commerce;
<bullet> exploration and use of outer space;
<bullet> international space cooperation;
<bullet> National Space Council;
<bullet> space applications, space communications and
related matters;
<bullet> earth remote sensing policy;
<bullet> civil aviation research, development, and
demonstration;
<bullet> research, development, and demonstration
programs of the Federal Aviation Administration; and
<bullet> space law.
(5) Subcommittee on Investigations and Oversight
General and special investigative and oversight authority
on all matters within the jurisdiction of the Committee on
Science and Technology.
REFERRAL OF LEGISLATION
(b) The Chairman shall refer all legislation and other
matters referred to the Committee to the Subcommittee or
Subcommittees of appropriate primary and secondary jurisdiction
within two (2) weeks unless the Chairman deems consideration is
to be by the Full Committee. Subcommittee Chairmen may make
requests for referral of specific matters to their Subcommittee
within the two (2) week period if they believe Subcommittee
jurisdictions so warrant.
EX-OFFICIO MEMBERS
(c) The Chairman and Ranking Minority Member shall serve as
ex-officio Members of all Subcommittees and shall have the
right to vote and be counted as part of the quorum and ratios
on all matters before the Subcommittee.
PROCEDURES
(d) No Subcommittee shall meet for markup or approval when
any other Subcommittee of the Committee or the Full Committee
is meeting to consider any measure or matter for markup or
approval.
(e) Each Subcommittee is authorized to meet, hold hearings,
receive evidence, and report to the Committee on all matters
referred to it. For matters within its jurisdiction, each
Subcommittee is authorized to conduct legislative,
investigative, forecasting, and general oversight hearings; to
conduct inquiries into the future; and to undertake budget
impact studies. Subcommittee Chairmen shall set meeting dates
after consultation with the Chairman and other Subcommittee
Chairmen with a view toward avoiding simultaneous scheduling of
Committee and Subcommittee meetings or hearings wherever
possible.
(f) Any Member of the Committee may have the privilege of
sitting with any Subcommittee during its hearings or
deliberations and may participate in such hearings or
deliberations, but no such Member who is not a Member of the
Subcommittee shall vote on any matter before such Subcommittee,
except as provided in rule 3(c).
(g) During any Subcommittee proceeding for markup or
approval, a record vote may be had at the request of one (1) or
more Members of that Subcommittee.
Rule 4.--Reports
SUBSTANCE OF LEGISLATIVE REPORTS
(a) The report of the Committee on a measure which has been
approved by the Committee shall include the following, to be
provided by the Committee:
(1) the oversight findings and recommendations
required pursuant to rule X 2(b)(1) of the Rules of the
House of Representatives, separately set out and
identified [XIII, 3(c)];
(2) the statement required by section 308(a) of the
Congressional Budget Act of 1974, separately set out
and identified, if the measure provides new budget
authority or new or increased tax expenditures as
specified in [XIII, 3(c)(2)];
(3) with respect to reports on a bill or joint
resolution of a public character, a ``Constitutional
Authority Statement'' citing the specific powers
granted to Congress by the Constitution pursuant to
which the bill or joint resolution is proposed to be
enacted.
(4) with respect to each record vote on a motion to
report any measure or matter of a public character, and
on any amendment offered to the measure or matter, the
total number of votes cast for and against, and the
names of those Members voting for and against, shall be
included in the Committee report on the measure or
matter;
(5) the estimate and comparison prepared by the
Committee under rule XIII, clause 3(d)(2) of the Rules
of the House of Representatives, unless the estimate
and comparison prepared by the Director of the
Congressional Budget Office prepared under subparagraph
2 of this rule has been timely submitted prior to the
filing of the report and included in the report [ XIII,
3(d)(3)(D)];
(6) in the case of a bill or joint resolution which
repeals or amends any statute or part thereof, the text
of the statute or part thereof which is proposed to be
repealed, and a comparative print of that part of the
bill or joint resolution making the amendment and of
the statute or part thereof proposed to be amended
[rule XIII, clause 3];
(7) a transcript of the markup of the measure or
matter unless waived under rule 2(v); and,
(8) a statement of general performance goals and
objectives, including outcome-related goals and
objectives, for which the measure authorizes funding.
[XIII, 3(c)]
(b) The report of the Committee on a measure which has been
approved by the Committee shall further include the following,
to be provided by sources other than the Committee:
(1) the estimate and comparison prepared by the
Director of the Congressional Budget Office required
under section 403 of the Congressional Budget Act of
1974, separately set out and identified, whenever the
Director (if timely, and submitted prior to the filing
of the report) has submitted such estimate and
comparison of the Committee [XIII, clauses 2-4];
(2) if the Committee has not received prior to the
filing of the report the material required under
paragraph (1) of this rule, then it shall include a
statement to that effect in the report on the measure.
MINORITY AND ADDITIONAL VIEWS [XI 2(L)]
(c) If, at the time of approval of any measure or matter by
the Committee, any Member of the Committee gives notice of
intention to file supplemental, minority, or additional views,
that Member shall be entitled to not less than two (2)
subsequent calendar days after the day of such notice
(excluding Saturdays, Sundays, and legal holidays) in which to
file such views, in writing and signed by that Member, with the
clerk of the Committee. All such views so filed by one (1) or
more Members of the Committee shall be included within, and
shall be a part of, the report filed by the Committee with
respect to that measure or matter. The report of the Committee
upon that measure or matter shall be printed in a single volume
which shall include all supplemental, minority, or additional
views, which have been submitted by the time of the filing of
the report, and shall bear upon its cover a recital that any
such supplemental, minority, or additional views (and any
material submitted under rule 4(b)(1)) are included as part of
the report. However, this rule does not preclude (1) the
immediate filing or printing of a Committee report unless
timely request for the opportunity to file supplemental,
minority, or additional views has been made as provided by this
rule or (2) the filing by the Committee of any supplemental
report upon any measure or matter which may be required for the
correction of any technical error in a previous report made by
that Committee upon that measure or matter.
(d) The Chairman of the Committee or Subcommittee, as
appropriate, shall advise Members of the day and hour when the
time for submitting views relative to any given report elapses.
No supplemental, minority, or additional views shall be
accepted for inclusion in the report if submitted after the
announced time has elapsed unless the Chairman of the Committee
or Subcommittee, as appropriate, decides to extend the time for
submission of views beyond the two (2) subsequent calendar days
after the day of notice, in which case he shall communicate
such fact to Members, including the revised day and hour for
submissions to be received, without delay.
CONSIDERATION OF SUBCOMMITTEE REPORTS
(e) After ordering a measure or matter reported, a
Subcommittee shall issue a Subcommittee report in such form as
the Chairman shall specify. Reports and recommendations of a
Subcommittee shall not be considered by the Full Committee
until after the intervention of 48 hours, excluding Saturdays,
Sundays and legal holidays, from the time the report is
submitted and made available to full Committee membership and
printed hearings thereon shall be made available, if feasible,
to the Members, except that this rule may be waived at the
discretion of the Chairman after consultation with the Ranking
Minority Member.
TIMING AND FILING OF COMMITTEE REPORTS [XIII]
(f) It shall be the duty of the Chairman to report or cause
to be reported promptly to the House any measure approved by
the Committee and to take or cause to be taken the necessary
steps to bring the matter to a vote. To the maximum extent
practicable, the written report of the Committee on such
measures shall be made available to the Committee membership
for review at least 24 hours in advance of filing.
(g) The report of the Committee on a measure which has been
approved by the Committee shall be filed within seven (7)
calendar days (exclusive of days on which the House is not in
session) after the day on which there has been filed with the
clerk of the Committee a written request, signed by the
majority of the Members of the Committee, for the reporting of
that measure. Upon the filing of any such request, the clerk of
the Committee shall transmit immediately to the Chairman of the
Committee notice of the filing of that request.
(h)(1) Any document published by the Committee as a House
Report, other than a report of the Committee on a measure which
has been approved by the Committee, shall be approved by the
Committee at a meeting, and Members shall have the same
opportunity to submit views as provided for in rule 4(c).
(2) Subject to paragraphs (3) and (4), the Chairman may
approve the publication of any document as a Committee print
which in his discretion he determines to be useful for the
information of the Committee.
(3) Any document to be published as a Committee print which
purports to express the views, findings, conclusions, or
recommendations of the Committee or any of its Subcommittees
must be approved by the Full Committee or its Subcommittees, as
applicable, in a meeting or otherwise in writing by a majority
of the Members, and such Members shall have the right to submit
supplemental, minority, or additional views for inclusion in
the print within at least 48 hours after such approval.
(4) Any document to be published as a Committee print other
than a document described in paragraph (3) of this rule: (A)
shall include on its cover the following statement: ``This
document has been printed for informational purposes only and
does not represent either findings or recommendations adopted
by this Committee;'' and (B) shall not be published following
the sine die adjournment of a Congress, unless approved by the
Chairman of the Full Committee after consultation with the
Ranking Minority Member of the Full Committee.
(i) A report of an investigation or study conducted jointly
by this Committee and one (1) or more other Committee(s) may be
filed jointly, provided that each of the Committees complies
independently with all requirements for approval and filing of
the report.
(j) After an adjournment of the last regular session of a
Congress sine die, an investigative or oversight report
approved by the Committee may be filed with the Clerk at any
time, provided that if a member gives notice at the time of
approval of intention to file supplemental, minority, or
additional views, that member shall be entitled to not less
than seven (7) calendar days in which to submit such views for
inclusion with the report.
(k) After an adjournment sine die of the last regular
session of a Congress, the Chairman may file the Committee's
Activity Report for that Congress under clause 1(d)(1) of rule
XI of the Rules of the House with the Clerk of the House at
anytime and without the approval of the Committee, provided
that a copy of the report has been available to each member of
the Committee for at least seven (7) calendar days and that the
report includes any supplemental, minority, or additional views
submitted by a member of the Committee. [XI 1(d), XI 1(d)(4)]
OVERSIGHT REPORTS
(l) A proposed investigative or oversight report shall be
considered as read if it has been available to the members of
the Committee for at least 24 hours (excluding Saturdays,
Sundays, or legal holidays except when the House is in session
on such day). [XI 1(b)(2)]
LEGISLATIVE AND OVERSIGHT JURISDICTION OF THE COMMITTEE ON SCIENCE AND
TECHNOLOGY
Rule X.--Organization of Committees
Committees and their legislative jurisdictions.
1. There shall be in the House the following standing
Committees, each of which shall have the jurisdiction and
related functions assigned to it by this clause and clauses 2,
3, and 4. All bills, resolutions, and other matters relating to
subjects within the jurisdiction of the standing Committees
listed in this clause shall be referred to those Committees, in
accordance with clause 2 of rule XII, as follows:
(o) Committee on Science and Technology.
(1) All energy research, development, and demonstration,
and projects therefor, and all federally owned or operated
nonmilitary energy laboratories.
(2) Astronautical research and development, including
resources, personnel, equipment, and facilities.
(3) Civil aviation research and development.
(4) Environmental research and development.
(5) Marine research.
(6) Commercial application of energy technology.
(7) National Institute of Standards and Technology,
standardization of weights and measures and the metric system.
(8) National Aeronautics and Space Administration.
(9) National Space Council.
(10) National Science Foundation.
(11) National Weather Service.
(12) Outer space, including exploration and control
thereof.
(13) Science Scholarships.
(14) Scientific research, development, and demonstration,
and projects therefor.
SPECIAL OVERSIGHT FUNCTIONS
3.(k) The Committee on Science and Technology shall review
and study on a continuing basis laws, programs, and Government
activities relating to nonmilitary research and development.''
Committee on Small Business
NYDIA VELAZQUEZ, New York,
Chairwoman
STEVE CHABOT, Ohio, HEATH SHULER, North Carolina
Ranking Member CHARLES A. GONZALEZ, Texas
ROSCOE G. BARLETT, Maryland RICK LARSEN, Washington
SAM GRAVES, Missouri RAUL M. GRIJALVA, Arizona
W. TODD AKIN, Missouri MICHAEL H. MICHAUD, Maine
BILL SHUSTER, Pennsylvania MELISSA L. BEAN, Illinois
MARILYN N. MUSGRAVE, Colorado HENRY CUELLAR, Texas
STEVE KING, Iowa DANIEL LIPINSKI, Illinois
JEFF A. FORTENBERRY, Nebraska GWEN MOORE, Wisconsin
LYNN WESTMORELAND, Georgia JASON ALTMIRE, Pennsylvania
LOUIE GOHMERT, Texas BRUCE L. BRALEY, Iowa
DEAN HELLER, Nevada YVETTE D. CLARKE, New York
DAVID DAVIS, Tennessee BRAD ELLSWORTH, Indiana
MARY FALLIN, Oklahoma HENRY C. ``HANK'' JOHNSON, Jr.,
VERN BUCHANAN, Florida Georgia
JIM JORDAN, Ohio JOE SESTAK, Pennsylvania
BRIAN HIGGINS, New York*
MAZIEK HIRONO, Hawaii**
----------
*Appointed to the Committee on Small Business on September 20, 2007,
filling a vacancy created by the death of Rep. Juanita Millender-
McDonald on April 22, 2007.
**Appointed to the Committee on Small Business on September 20, 2007,
filling a vacancy created by the resignation of Rep. William Jefferson
on June 5, 2007.
(Adopted January 31, 2007)
Rule 1.--General Provisions
The Rules of the House of Representatives, and in
particular the committee rules enumerated in rule XI, are the
rules of the Committee on Small Business to the extent
applicable and by this reference are incorporated. Each
subcommittee of the Committee on Small Business (hereinafter
referred to as the ``committee'') is a part of the committee
and is subject to the authority and direction of the committee,
and to its rules to the extent applicable.
Rule 2.--Referral of Bills by Chairwoman
Unless retained for consideration by the committee, all
legislation and other matters referred to the committee shall
be referred by the Chairwoman to the subcommittee of
appropriate jurisdiction within 14 calendar days. Where the
subject matter of the referral involves the jurisdiction of
more than one subcommittee or does not fall within any
previously assigned jurisdictions, the Chairwoman shall refer
the matter, as she may deem advisable.
Rule 3.--Date of Meeting
The regular meeting date of the committee shall be the
second Thursday of every month when the House is in session. A
regular meeting of the committee may be dispensed with if, in
the judgment of the Chairwoman, there is no need for the
meeting. Additional meetings may be called by the Chairwoman as
she may deem necessary or at the request of a majority of the
members of the committee in accordance with clause 2(c) of rule
XI of the House.
At least 3 days notice of such an additional meeting shall
be given unless the Chairwoman determines that there is good
cause to call the meeting on less notice.
The determination of the business to be considered at each
meeting shall be made by the Chairwoman subject to clause 2(c)
of rule XI of the House.
A regularly scheduled meeting need not be held if there is
no business to be considered or, upon at least 3 days notice,
it may be set for a different date.
Rule 4.--Announcement of Hearings
Unless the Chairwoman, with the concurrence of the Ranking
Minority Member, or the committee by majority vote, determines
that there is good cause to begin a hearing at an earlier date,
public announcement shall be made of the date, place and
subject matter of any hearing to be conducted by the committee
at least 7 calendar days before the commencement of that
hearing.
After announcement of a hearing, the committee shall make
available as soon as practicable to all Members of the
committee a tentative witness list and to the extent
practicable a memorandum explaining the subject matter of the
hearing (including relevant legislative reports and other
necessary material). In addition, the Chairwoman shall make
available as soon as practicable to the Members of the
committee any official reports from departments and agencies on
the subject matter as they are received.
Rule 5.--Meetings and Hearings Open to the Public
(A) Meetings.--Each meeting of the committee or its
subcommittees for the transaction of business, including the
markup of legislation, shall be open to the public, including
to radio, television and still photography coverage, except as
provided by clause 4 of rule XI of the House, except when the
committee or subcommittee, in open session and with a majority
present, determines by record vote that all or part of the
remainder of the meeting on that day shall be closed to the
public because disclosure of matters to be considered would
endanger national security, would compromise sensitive law
enforcement information, or would tend to defame, degrade or
incriminate any person or otherwise would violate any law or
rule of the House; Provided, however, that no person other than
members of the committee, and such congressional staff and such
executive branch representatives as they may authorize, shall
be present in any business meeting or markup session which has
been closed to the public.
(B) Hearings.--Each hearing conducted by the committee or
its subcommittees shall be open to the public, including radio,
television and still photography coverage, except when the
committee or subcommittee, in open session and with a majority
present, determines by record vote that all or part of the
remainder of the hearing on that day shall be closed to the
public because disclosure of testimony, evidence or other
matters to be considered would endanger the national security,
would compromise sensitive law enforcement information, or
would violate any law or rule of the House; Provided, however,
that the committee or subcommittee may by the same procedure
vote to close one subsequent day of hearings. Notwithstanding
the requirements of the preceding sentence, a majority of those
present, there being in attendance the requisite number
required under the rules of the committee to be present for the
purpose of taking testimony, (i) may vote to close the hearing
for the sole purpose of discussing whether testimony or
evidence to be received would endanger the national security,
would compromise sensitive law enforcement information, or
violate clause 2(k)(5) of rule XI of the House; or (ii) may
vote to close the hearing, as provided in clause 2(k)(5) of
rule XI of the House.
All members of the committee shall be able to participate
in any subcommittee hearing.
No member of the House may be excluded from non-
participatory attendance at any hearing of the committee or any
subcommittee, unless the House of Representatives shall by
majority vote authorize the committee or subcommittee, for
purposes of a particular series of hearings on a particular
article of legislation or on a particular subject of
investigation, to close its hearing to members by the same
procedures designated for closing hearings to the public. Such
members who would like to participate shall notify the Ranking
Minority Member and submit a request to the Chairwoman one day
in advance of such hearing.
Rule 6.--Witnesses
(A) Statement of Witnesses.--Each witness who is to appear
before the committee or subcommittee shall file with the
committee at least two business days before the day of his or
her appearance 75 copies of his or her written statement of
proposed testimony. Each witness shall also submit to the
committee a copy of his or her final prepared statement in an
electronic format at that time.
At least one copy of the statement of each witness shall be
furnished directly to the Ranking Minority Member. In addition,
all witnesses shall be required to submit with their testimony
a curriculum vitae or other statement describing their
education, employment, professional affiliations and other
background information pertinent to their testimony unless
waived by the Chairwoman. Each witness will complete a
disclosure form detailing any contracts or business that they
currently have with the federal government.
The committee will provide public access to its printed
materials, including the proposed testimony of witnesses, in
electronic form.
(B) Interrogation of Witnesses.--Whenever any hearing is
conducted by the committee or any subcommittee upon any measure
or matter, the minority party members on the committee shall be
entitled, upon request to the Chairwoman by a majority of those
minority members, to call a witness or witnesses selected by
the minority to testify with respect to that measure or matter.
The minority shall be entitled to a ratio of one-third of the
witnesses testifying. For the purposes of determining this
ratio, it shall not include testifying government officials.
The witnesses requested by the minority shall be invited to
testify by the Chairwoman and must furnish at least one copy of
his or her statement and any supplementary materials directly
to the Chairwoman within one business day before the day of his
or her appearance unless waived by the Chairwoman.
Except when the committee adopts a motion pursuant to
subdivisions (B) and (C) of clause 2(j)(2) of rule XI of the
rules of the House, committee members may question witnesses
only when they have been recognized by the Chairwoman for that
purpose, and only for a 5-minute period until all members
present have had an opportunity to question a witness. The
Chairwoman and the Ranking Member shall not be subject to the
5-minute period limitation. For all other Committee Members,
the 5-minute period for questioning a witness by any one member
can be extended only with the unanimous consent of all members
present. The Chairwoman, followed by the Ranking Minority
Member and all other members alternating between the majority
and minority, shall initiate the questioning of witnesses in
both the full and subcommittee hearings. The order for
questioning by members of each party shall be determined by the
time in which the member arrived at the hearing after the gavel
has been struck, with the first arriving having priority over
members of his or her party. If members arrive at the same
time, then seniority shall dictate the order.
In recognizing members to question witnesses, the
Chairwoman may take into consideration the ratio of majority
and minority members present in such a manner as not to
disadvantage the Members of either party. The Chairwoman, in
consultation with the Ranking Minority Member, may decrease the
5-minute time period in order to accommodate the needs of all
the Members present and the schedule of the witnesses.
Rule 7.--Subpoenas
A subpoena may be authorized and issued by the committee in
the conduct of any investigation or series of investigations or
activities to require the attendance and testimony of such
witness and the production of such books, records,
correspondence, memoranda, papers and documents, as deemed
necessary. Such a subpoena shall be authorized by a majority
vote of the full committee. The requirement that the
authorization of a subpoena require a majority vote may be
waived by the Ranking Minority Member. The Chairwoman may issue
a subpoena, in consultation with the Ranking Minority Member,
when the House is out for more than three legislative days.
Rule 8.--Quorum
No measure or recommendation shall be reported unless a
majority of the committee was actually present. For purposes of
taking testimony or receiving evidence, there shall be one
member from the majority and one member from the minority for
the purposes of a quorum. Such requirement shall be waived for
field hearings. For all other purposes, one-third of the
members (or 11 Members) shall constitute a quorum.
Rule 9.--Amendments During Mark-Up
Any amendment offered to any pending legislation before the
committee must be made available in written form when requested
by any member of the committee. If such amendment is not
available in written form when requested, the Chairwoman shall
allow an appropriate period for the provision thereof.
Rule 10.--Postponement of Proceedings
The Chairwoman in consultation with the Ranking Minority
Member may postpone further proceedings when a record vote is
ordered on the question of approving any measure or matter or
adopting an amendment. The Chairwoman may resume proceedings
postponed at any time, but no later than the next meeting day.
In exercising postponement authority, the Chairwoman shall take
all reasonable steps necessary to notify members on the
resumption of proceedings on any postponed recorded 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 11.--Number and Jurisdiction of Subcommittees
There will be five subcommittees as follows:
Finance and Tax (6 Democratic Members and 5 Republican
Members); Contracting and Technology (6 Democratic Members and
5 Republican Members); Regulations, Health Care, and Trade (8
Democratic Members and 7 Republican Members); Rural and Urban
Entrepreneurship (7 Democratic Members and 6 Republican
Members); Investigations and Oversight (4 Democratic Members
and 3 Republican Members).
During the 110th Congress, the Chairwoman and Ranking
Minority Member shall be ex officio members of all
subcommittees, without vote, and the full committee shall have
the authority to conduct oversight of all areas of the
committee's jurisdiction. In addition, all members of the
committee may participate in hearings of any subcommittee of
the committee. In addition to conducting oversight in the area
of their respective jurisdiction, each subcommittee shall have
the following jurisdiction:
SUBCOMMITTEE ON FINANCE AND TAX
The Small Business Administration (SBA) Lending and
Investment programs: Section 7(a) loan program, 504 Certified
Development Company program, Small Business Investment Company
program, Disaster Loan Assistance programs, and Microloan
program.
Access to capital and finance issues generally.
Oversight over tax policy and retirement/pension matters
affecting small businesses.
SUBCOMMITTEE ON CONTRACTING AND TECHNOLOGY
SBA Contracting programs including the following: Section
8(a) Business Development program, Small Disadvantaged Business
(SDB) certification operated by SBA, Women's Procurement
Program, HUBZone program, Surety Bond program, Service-disabled
veteran procurement, and Section 7(j) management and technical
assistance program.
SBA Technology programs: Small Business Innovation Research
(SBIR) program, Small Business Technology Transfer program.
Oversight of government-wide procurement practices and
programs affecting small businesses.
Oversight of technology and patent issues.
SUBCOMMITTEE ON REGULATIONS, HEALTH CARE, AND TRADE
The Regulatory Flexibility Act, the Small Business
Regulatory Enforcement Fairness Act, and the Paperwork
Reduction Act.
SBA's Office of Advocacy, National Ombudsman, and SBA small
business size standards.
Oversight of regulations and regulatory issues that affect
small businesses.
Oversight of health care coverage issues.
Oversight over issues affecting small health care
providers.
Oversight of trade issues, including SBA's Office of
International Trade.
SUBCOMMITTEE ON RURAL AND URBAN ENTREPRENEURSHIP
SBA entrepreneurial development programs: Women's Business
Centers, National Veterans Business Development Corporation,
Small Business Development Centers, SCORE, Drug Free Workplace
program, Office of Women's Business Ownership, and National
Women's Business Council (NWBC).
New Markets Venture Capital (NMVC) program, New Markets Tax
Credit program, BusinessLINC and the Program for Re-Investment
in Micro entrepreneurs.
General oversight of programs targeted toward urban and
rural economic growth as well as general federal government
entrepreneurial development programs.
Oversight of agricultural issues.
Oversight of energy issues.
SUBCOMMITTEE ON INVESTIGATIONS AND OVERSIGHT
Oversight of SBA Administration, Management, and Agency
Practices.
Oversight of activities by the Office of the Inspector
General at SBA.
Rule 12.--Committee Staff
(A) Majority Staff.--The employees of the committee, except
those assigned to the minority as provided below, shall be
appointed and assigned, and may be removed by the Chairwoman.
The Chairwoman shall fix their remuneration, and they shall be
under the general supervision and direction of the Chairwoman.
(B) Minority Staff.--The employees of the committee
assigned to the minority shall be appointed and assigned, and
their remuneration determined, as the Ranking Minority Member
of the committee shall determine.
(C) Subcommittee Staff.--The Chairwoman and Ranking
Minority Member of the full committee shall endeavor to ensure
that sufficient staff is made available to each subcommittee to
carry out its responsibilities under the rules of the
committee.
Rule 13.--Powers and Duties of Subcommittees
Each subcommittee is authorized to meet, hold hearings,
receive evidence, and report to the full committee on all
matters referred to it. Subcommittee chairmen shall set meeting
and hearing dates after approval of the Chairwoman of the full
committee. Meetings and hearings of subcommittees shall not be
scheduled to occur simultaneously with meetings or hearings of
the full committee.
Rule 14.--Records
The committee shall keep a complete record of all actions,
which shall include a record of the votes on any question on
which a record vote is demanded. The result of each
subcommittee record vote, together with a description of the
matter voted upon, shall promptly be made available to the full
committee. A record of such votes shall be made available for
inspection by the public at reasonable times in the offices of
the committee.
The committee shall keep a complete record of all committee
and subcommittee activity which, in the case of any meeting or
hearing transcript, shall include a substantially verbatim
account of remarks actually made during the proceedings,
subject only to technical, grammatical, and typographical
corrections authorized by the person making the remarks
involved.
The records of the committee at the National Archives and
Records Administration shall be made available in accordance
with rule VII of the Rules of the House. The Chairwoman of the
full committee shall notify the Ranking Minority Member of the
full committee of any decision, pursuant to clause 3(b)(3) or
clause 4(b) of rule VII of the House, to withhold a record
otherwise available, and the matter shall be presented to the
committee for a determination of the written request of any
member of the committee.
Rule 15.--Access to Classified or Sensitive Information
Access to classified or sensitive information supplied to
the committee and attendance at closed sessions of the
committee or its subcommittees shall be limited to members and
necessary committee staff and stenographic reporters who have
appropriate security clearance when the Chairwoman determines
that such access or attendance is essential to the functioning
of the committee.
The procedures to be followed in granting access to those
hearings, records, data, charts, and files of the committee
which involve classified information or information deemed to
be sensitive shall be as follows:
(A) Only Members of the House of Representatives and
specifically designated committee staff of the Committee on
Small Business may have access to such information.
(B) Members who desire to read materials that are in the
possession of the committee should notify the clerk of the
committee.
(C) The clerk will maintain an accurate access log, which
identifies the circumstances surrounding access to the
information, without revealing the material examined.
(D) If the material desired to be reviewed is material
which the committee or subcommittee deems to be sensitive
enough to require special handling, before receiving access to
such information, individuals will be required to sign an
access information sheet acknowledging such access and that the
individual has read and understands the procedures under which
access is being granted.
(E) Material provided for review under this rule shall not
be removed from a specified room within the committee offices.
(F) Individuals reviewing materials under this rule shall
make certain that the materials are returned to the proper
custodian.
(G) No reproductions or recordings may be made of any
portion of such materials.
(H) The contents of such information shall not be divulged
to any person in any way, form, shape, or manner, and shall not
be discussed with any person who has not received the
information in an authorized manner.
(I) When not being examined in the manner described herein,
such information will be kept in secure safes or locked file
cabinets in the committee offices.
(J) These procedures only address access to information the
committee or a subcommittee deems to be sensitive enough to
require special treatment.
(K) If a member of the House of Representatives believes
that certain sensitive information should not be restricted as
to dissemination or use, the member may petition the committee
or subcommittee to so rule. With respect to information and
materials provided to the committee by the executive branch,
the classification of information and materials as determined
by the executive branch shall prevail unless affirmatively
changed by the committee or the subcommittee involved, after
consultation with the appropriate executive agencies.
(L) Other materials in the possession of the committee are
to be handled in accordance with the normal practices and
traditions of the committee.
Rule 16.--Other Procedures
The Chairwoman of the full committee may establish such
other procedures and take such actions as may be necessary to
carry out the foregoing rules or to facilitate the effective
operation of the committee.
Rule 17.--Amendments to Committee Rules
The rules of the committee may be modified, amended or
repealed by a majority of the members, at a meeting
specifically called for such purpose, but only if written
notice of the proposed change has been provided to each such
member at least 3 days before the time of the meeting.
Rule 18.--Budget and Travel
(A) From the amount provided to the Committee in the
primary expense resolution adopted by the U.S. House of
Representatives for the 110th Congress, the Chairwoman, after
consultation with the Ranking Minority Member, shall designate
one-third of the budget under the direction of the Ranking
Minority Member for the purposes of minority staff, travel
expenses of minority staff and members, and minority office
expenses.
(B) The Chairwoman may authorize travel in connection with
activities or subject matters under the general jurisdiction of
the Committee.
(C) The Ranking Minority Member may authorize travel for
any minority member or minority committee staff member in
connection with activities or subject matters under the general
jurisdiction of the Committee. Before such travel, there shall
be submitted to the Chairwoman in writing the following at
least seven calendar days prior:
(a) The purpose of the travel.
(b) The dates during which the travel is to occur.
(c) The names of the States or countries to be
visited and the length of time spent in each.
(d) The names of members and staff of the committee
participating in such travel.
At the conclusion of such travel, a summary of the activity
and its accomplishments shall be provided to the Chairwoman
within ten calendar days.
Rule 19.--Committee Web Site
The Chairwoman shall maintain an official Committee Web
site 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
Members may maintain a similar Web site for the same purpose,
including communicating information about the activities of the
minority to Committee members and other Members of the House.
Rule 20.--Vice Chair
Pursuant to House Rules, the Chairwoman shall designate a
member of the majority party to serve as Vice Chairman of the
Committee. The Vice Chairman shall preside at any meeting or
hearing during the temporary absence of the Chairwoman. If the
Chairwoman and Vice Chairman are not present at any meeting or
hearing, the ranking member of the majority who is present
shall preside at the meeting or hearing.
Committee on Standards of Official Conduct
STEPHANIE TUBBS JONES, Ohio,
Chairwoman
DOC HASTINGS, Washington, GENE GREEN, Texas
Ranking Member LUCILLE ROYBAL-ALLARD, California
JO BONNER, Alabama MICHAEL F. DOYLE, Pennsylvania
J. GRESHAM BARRETT, WILLIAM D. DELAHUNT, Massachusetts
South Carolina
JOHN KLINE, Minnesota
MICHAEL T. McCAUL, Texas
(Adopted February 16, 2007)
FOREWORD
The Committee on Standards of Official Conduct is unique in
the House of Representatives. Consistent with the duty to carry
out its advisory and enforcement responsibilities in an
impartial manner, the Committee is the only standing committee
of the House of Representatives the membership of which is
divided evenly by party. These rules are intended to provide a
fair procedural framework for the conduct of the Committee's
activities and to help ensure that the Committee serves well
the people of the United States, the House of Representatives,
and the Members, officers, and employees of the House of
Representatives.
PART I--GENERAL COMMITTEE RULES
Rule 1.--General Provisions
(a) So far as applicable, these rules and the Rules of the
House of Representatives shall be the rules of the Committee
and any subcommittee. The Committee adopts these rules under
the authority of clause 2(a)(1) of rule XI of the Rules of the
House of Representatives, 110th Congress.
(b) The rules of the Committee may be modified, amended, or
repealed by a vote of a majority of the Committee.
(c) When the interests of justice so require, the
Committee, by a majority vote of its members, may adopt any
special procedures, not inconsistent with these rules, deemed
necessary to resolve a particular matter before it. Copies of
such special procedures shall be furnished to all parties in
the matter.
(d) The Chairman and Ranking Minority Member shall have
access to such information that they request as necessary to
conduct Committee business.
Rule 2.--Definitions
(a) ``Committee'' means the Committee on Standards of
Official Conduct.
(b) ``Complaint'' means a written allegation of improper
conduct against a Member, officer, or employee of the House of
Representatives filed with the Committee with the intent to
initiate an inquiry.
(c) ``Inquiry'' means an investigation by an investigative
subcommittee into allegations against a Member, officer, or
employee of the House of Representatives.
(d) ``Investigative Subcommittee'' means a subcommittee
designated pursuant to rule 19(a) to conduct an inquiry to
determine if a Statement of Alleged Violation should be issued.
(e) ``Statement of Alleged Violation'' means a formal
charging document filed by an investigative subcommittee with
the Committee containing specific allegations against a Member,
officer, or employee of the House of Representatives of a
violation of the Code of Official Conduct, or of a law, rule,
regulation, or other standard of conduct applicable to the
performance of official duties or the discharge of official
responsibilities.
(f) ``Adjudicatory Subcommittee'' means a subcommittee
designated pursuant to rule 23(a), that holds an adjudicatory
hearing and determines whether the counts in a Statement of
Alleged Violation are proved by clear and convincing evidence.
(g) ``Sanction Hearing'' means a Committee hearing to
determine what sanction, if any, to adopt or to recommend to
the House of Representatives.
(h) ``Respondent'' means a Member, officer, or employee of
the House of Representatives who is the subject of a complaint
filed with the Committee or who is the subject of an inquiry or
a Statement of Alleged Violation.
(i) ``Office of Advice and Education'' refers to the Office
established by section 803(i) of the Ethics Reform Act of 1989.
The Office handles inquiries; prepares written opinions in
response to specific requests; develops general guidance; and
organizes seminars, workshops, and briefings for the benefit of
the House of Representatives.
(j) ``Member'' means a Representative in, or a Delegate to,
or the Resident Commissioner to, the U.S. House of
Representatives.
Rule 3.--Advisory Opinions and Waivers
(a) The Office of Advice and Education shall handle
inquiries; prepare written opinions providing specific advice;
develop general guidance; and organize seminars, workshops, and
briefings for the benefit of the House of Representatives.
(b) Any Member, officer, or employee of the House of
Representatives, may request a written opinion with respect to
the propriety of any current or proposed conduct of such
Member, officer, or employee.
(c) The Office of Advice and Education may provide
information and guidance regarding laws, rules, regulations,
and other standards of conduct applicable to Members, officers,
and employees in the performance of their duties or the
discharge of their responsibilities.
(d) In general, the Committee shall provide a written
opinion to an individual only in response to a written request,
and the written opinion shall address the conduct only of the
inquiring individual, or of persons for whom the inquiring
individual is responsible as employing authority.
(e) A written request for an opinion shall be addressed to
the Chairman of the Committee and shall include a complete and
accurate statement of the relevant facts. A request shall be
signed by the requester or the requester's authorized
representative or employing authority. A representative shall
disclose to the Committee the identity of the principal on
whose behalf advice is being sought.
(f) The Office of Advice and Education shall prepare for
the Committee a response to each written request for an opinion
from a Member, officer or employee. Each response shall discuss
all applicable laws, rules, regulations, or other standards.
(g) Where a request is unclear or incomplete, the Office of
Advice and Education may seek additional information from the
requester.
(h) The Chairman and Ranking Minority Member are authorized
to take action on behalf of the Committee on any proposed
written opinion that they determine does not require
consideration by the Committee. If the Chairman or Ranking
Minority Member requests a written opinion, or seeks a waiver,
extension, or approval pursuant to rules 3(l), 4(c), 4(e), or
4(h), the next ranking member of the requester's party is
authorized to act in lieu of the requester.
(i) The Committee shall keep confidential any request for
advice from a Member, officer, or employee, as well as any
response thereto.
(j) The Committee may take no adverse action in regard to
any conduct that has been undertaken in reliance on a written
opinion if the conduct conforms to the specific facts addressed
in the opinion.
(k) Information provided to the Committee by a Member,
officer, or employee seeking advice regarding prospective
conduct may not be used as the basis for initiating an
investigation under clause 3(a)(2) or clause 3(b) of rule XI of
the Rules of the House of Representatives, if such Member,
officer, or employee acts in good faith in accordance with the
written advice of the Committee.
(l) A written request for a waiver of clause 5 of House
rule XXV (the House gift rule), or for any other waiver or
approval, shall be treated in all respects like any other
request for a written opinion.
(m) A written request for a waiver of clause 5 of House
rule XXV (the House gift rule) shall specify the nature of the
waiver being sought and the specific circumstances justifying
the waiver.
(n) An employee seeking a waiver of time limits applicable
to travel paid for by a private source shall include with the
request, evidence that the employing authority is aware of the
request. In any other instance where proposed employee conduct
may reflect on the performance of official duties, the
Committee may require that the requester submit evidence that
the employing authority knows of the conduct.
Rule 4.--Financial Disclosure
(a) In matters relating to Title I of the Ethics in
Government Act of 1978, the Committee shall coordinate with the
Clerk of the House of Representatives, Legislative Resource
Center, to assure that appropriate individuals are notified of
their obligation to file Financial Disclosure Statements and
that such individuals are provided in a timely fashion with
filing instructions and forms developed by the Committee.
(b) The Committee shall coordinate with the Legislative
Resource Center to assure that information that the Ethics in
Government Act requires to be placed on the public record is
made public.
(c) The Chairman and Ranking Minority Member are authorized
to grant on behalf of the Committee, requests for reasonable
extensions of time for the filing of Financial Disclosure
Statements. Any such request must be received by the Committee
no later than the date on which the statement in question is
due. A request received after such date may be granted by the
Committee only in extraordinary circumstances. Such extensions
for one individual in a calendar year shall not exceed a total
of 90 days. No extension shall be granted authorizing a
nonincumbent candidate to file a statement later than 30 days
prior to a primary or general election in which the candidate
is participating.
(d) An individual who takes legally sufficient action to
withdraw as a candidate before the date on which that
individual's Financial Disclosure Statement is due under the
Ethics in Government Act shall not be required to file a
Statement. An individual shall not be excused from filing a
Financial Disclosure Statement when withdrawal as a candidate
occurs after the date on which such Statement was due.
(e) Any individual who files a report required to be filed
under title I of the Ethics in Government Act more than 30 days
after the later of--
(1) the date such report is required to be filed, or
(2) if a filing extension is granted to such
individual, the last day of the filing extension
period, is required by such Act to pay a late filing
fee of $200. The Chairman and Ranking Minority Member
are authorized to approve requests that the fee be
waived based on extraordinary circumstances.
(f) Any late report that is submitted without a required
filing fee shall be deemed procedurally deficient and not
properly filed.
(g) The Chairman and Ranking Minority Member are authorized
to approve requests for waivers of the aggregation and
reporting of gifts as provided by section 102(a)(2)(C) of the
Ethics in Government Act. If such a request is approved, both
the incoming request and the Committee response shall be
forwarded to the Legislative Resource Center for placement on
the public record.
(h) The Chairman and Ranking Minority Member are authorized
to approve blind trusts as qualifying under section 102(f)(3)
of the Ethics in Government Act. The correspondence relating to
formal approval of a blind trust, the trust document, the list
of assets transferred to the trust, and any other documents
required by law to be made public, shall be forwarded to the
Legislative Resource Center for such purpose.
(i) The Committee shall designate staff counsel who shall
review Financial Disclosure Statements and, based upon
information contained therein, indicate in a form and manner
prescribed by the Committee whether the Statement appears
substantially accurate and complete and the filer appears to be
in compliance with applicable laws and rules.
(j) Each Financial Disclosure Statement shall be reviewed
within 60 days after the date of filing.
(k) If the reviewing counsel believes that additional
information is required because (1) the Statement appears not
substantially accurate or complete, or (2) the filer may not be
in compliance with applicable laws or rules, then the reporting
individual shall be notified in writing of the additional
information believed to be required, or of the law or rule with
which the reporting individual does not appear to be in
compliance. Such notice shall also state the time within which
a response is to be submitted. Any such notice shall remain
confidential.
(l) Within the time specified, including any extension
granted in accordance with clause (c), a reporting individual
who concurs with the Committee's notification that the
Statement is not complete, or that other action is required,
shall submit the necessary information or take appropriate
action. Any amendment may be in the form of a revised Financial
Disclosure Statement or an explanatory letter addressed to the
Clerk of the House of Representatives.
(m) Any amendment shall be placed on the public record in
the same manner as other Statements. The individual designated
by the Committee to review the original Statement shall review
any amendment thereto.
(n) Within the time specified, including any extension
granted in accordance with clause (c), a reporting individual
who does not agree with the Committee that the Statement is
deficient or that other action is required, shall be provided
an opportunity to respond orally or in writing. If the
explanation is accepted, a copy of the response, if written, or
a note summarizing an oral response, shall be retained in
Committee files with the original report.
(o) The Committee shall be the final arbiter of whether any
Statement requires clarification or amendment.
(p) If the Committee determines, by vote of a majority of
its members, that there is reason to believe that an individual
has willfully failed to file a Statement or has willfully
falsified or willfully failed to file information required to
be reported, then the Committee shall refer the name of the
individual, together with the evidence supporting its finding,
to the Attorney General pursuant to section 104(b) of the
Ethics in Government Act. Such referral shall not preclude the
Committee from initiating such other action as may be
authorized by other provisions of law or the Rules of the House
of Representatives.
Rule 5.--Meetings
(a) The regular meeting day of the Committee shall be the
second Wednesday of each month, except when the House of
Representatives is not meeting on that day. When the Committee
Chairman determines that there is sufficient reason, a meeting
may be called on additional days. A regularly scheduled meeting
need not be held when the Chairman determines there is no
business to be considered.
(b) The Chairman shall establish the agenda for meetings of
the Committee and the Ranking Minority Member may place
additional items on the agenda.
(c) All meetings of the Committee or any subcommittee shall
occur in executive session unless the Committee or
subcommittee, by an affirmative vote of a majority of its
members, opens the meeting or hearing to the public.
(d) Any hearing held by an adjudicatory subcommittee or any
sanction hearing held by the Committee shall be open to the
public unless the Committee or subcommittee, by an affirmative
vote of a majority of its members, closes the hearing to the
public.
(e) A subcommittee shall meet at the discretion of its
Chairman.
(f) Insofar as practicable, notice for any Committee or
subcommittee meeting shall be provided at least seven days in
advance of the meeting. The Chairman of the Committee or
subcommittee may waive such time period for good cause.
Rule 6.--Committee Staff
(a) The staff is to be assembled and retained as a
professional, nonpartisan staff.
(b) Each member of the staff shall be professional and
demonstrably qualified for the position for which he is hired.
(c) The staff as a whole and each individual member of the
staff shall perform all official duties in a nonpartisan
manner.
(d) No member of the staff shall engage in any partisan
political activity directly affecting any congressional or
presidential election.
(e) No member of the staff or outside counsel may accept
public speaking engagements or write for publication on any
subject that is in any way related to his or her employment or
duties with the Committee without specific prior approval from
the Chairman and Ranking Minority Member.
(f) All staff members shall be appointed by an affirmative
vote of a majority of the members of the Committee. Such vote
shall occur at the first meeting of the membership of the
Committee during each Congress and as necessary during the
Congress.
(g) Subject to the approval of the Committee on House
Administration, the Committee may retain counsel not employed
by the House of Representatives whenever the Committee
determines, by an affirmative vote of a majority of the members
of the Committee, that the retention of outside counsel is
necessary and appropriate.
(h) If the Committee determines that it is necessary to
retain staff members for the purpose of a particular
investigation or other proceeding, then such staff shall be
retained only for the duration of that particular investigation
or proceeding.
(i) Outside counsel may be dismissed prior to the end of a
contract between the Committee and such counsel only by a
majority vote of the members of the Committee.
(j) In addition to any other staff provided for by law,
rule, or other authority, with respect to the Committee, the
Chairman and Ranking Minority Member each may appoint one
individual as a shared staff member from his or her personal
staff to perform service for the Committee. Such shared staff
may assist the Chairman or Ranking Minority Member on any
subcommittee on which he serves. Only paragraphs (c) and (e) of
this rule and rule 7(b) shall apply to shared staff.
Rule 7.--Confidentiality
(a) Before any Member or employee of the Committee,
including members of an investigative subcommittee selected
under clause 5(a)(4) of rule X of the House of Representatives
and shared staff designated pursuant to Committee rule 6(j),
may have access to information that is confidential under the
rules of the Committee, the following oath (or affirmation)
shall be executed in writing:
I do solemnly swear (or affirm) that I will not
disclose, to any person or entity outside the Committee
on Standards of Official Conduct, any information
received in the course of my service with the
Committee, except as authorized by the Committee or in
accordance with its rules.
Copies of the executed oath shall be provided to the Clerk of
the House as part of the records of the House. Breaches of
confidentiality shall be investigated by the Committee and
appropriate action shall be taken.
(b) No member of the staff or outside counsel may make
public, unless approved by an affirmative vote of a majority of
the members of the Committee, any information, document, or
other material that is confidential, derived from executive
session, or classified and that is obtained during the course
of employment with the Committee.
(c) Committee members and staff shall not disclose any
evidence relating to an investigation to any person or
organization outside the Committee unless authorized by the
Committee.
(d) Members and staff of the Committee shall not disclose
to any person or organization outside the Committee, unless
authorized by the Committee, any information regarding the
Committee's or a subcommittee's investigative, adjudicatory or
other proceedings, including but not limited to: (i) the fact
or nature of any complaints; (ii) executive session
proceedings; (iii) information pertaining to or copies of any
Committee or subcommittee report, study or other document which
purports to express the views, findings, conclusions or
recommendations of the Committee or subcommittee in connection
with any of its activities or proceedings; or (iv) any other
information or allegation respecting the conduct of a Member,
officer or employee of the House.
(e) Except as otherwise specifically authorized by the
Committee, no Committee member or staff member shall disclose
to any person outside the Committee, the name of any witness
subpoenaed to testify or to produce evidence.
(f) The Committee shall not disclose to any person or
organization outside the Committee any information concerning
the conduct of a respondent until it has transmitted a
Statement of Alleged Violation to such respondent and the
respondent has been given full opportunity to respond pursuant
to rule 22. The Statement of Alleged Violation and any written
response thereto shall be made public at the first meeting or
hearing on the matter that is open to the public after such
opportunity has been provided. Any other materials in the
possession of the Committee regarding such statement may be
made public as authorized by the Committee to the extent
consistent with the Rules of the House of Representatives. If
no public hearing is held on the matter, the Statement of
Alleged Violation and any written response thereto shall be
included in the Committee's final report on the matter to the
House of Representatives.
(g) Unless otherwise determined by a vote of the Committee,
only the Chairman or Ranking Minority Member of the Committee,
after consultation with each other, may make public statements
regarding matters before the Committee or any subcommittee.
(h) The Committee may establish procedures necessary to
prevent the unauthorized disclosure of any testimony or other
information received by the Committee or its staff.
Rule 8.--Subcommittees--General Policy and Structure
(a) Notwithstanding any other provision of these Rules, the
Chairman and Ranking Minority Member of the Committee may
consult with an investigative subcommittee either on their own
initiative or on the initiative of the subcommittee, shall have
access to evidence and information before a subcommittee with
whom they so consult, and shall not thereby be precluded from
serving as full, voting members of any adjudicatory
subcommittee. Except for the Chairman and Ranking Minority
Member of the Committee pursuant to this paragraph, evidence in
the possession of an investigative subcommittee shall not be
disclosed to other Committee members except by a vote of the
subcommittee.
(b) The Committee may establish other noninvestigative and
nonadjudicatory subcommittees and may assign to them such
functions as it may deem appropriate. The membership of each
subcommittee shall provide equal representation for the
majority and minority parties.
(c) The Chairman may refer any bill, resolution, or other
matter before the Committee to an appropriate subcommittee for
consideration. Any such bill, resolution, or other matter may
be discharged from the subcommittee to which it was referred by
a majority vote of the Committee.
(d) Any member of the Committee may sit with any
noninvestigative or nonadjudicatory subcommittee, but only
regular members of such subcommittee may vote on any matter
before that subcommittee.
Rule 9.--Quorums and Member Disqualification
(a) The quorum for an investigative subcommittee to take
testimony and to receive evidence shall be two members, unless
otherwise authorized by the House of Representatives.
(b) The quorum for an adjudicatory subcommittee to take
testimony, receive evidence, or conduct business shall consist
of a majority plus one of the members of the adjudicatory
subcommittee.
(c) Except as stated in clauses (a) and (b) of this rule, a
quorum for the purpose of conducting business consists of a
majority of the members of the Committee or subcommittee.
(d) A member of the Committee shall be ineligible to
participate in any Committee or subcommittee proceeding in
which he is the respondent.
(e) A member of the Committee may disqualify himself from
participating in any investigation of the conduct of a Member,
officer, or employee of the House of Representatives upon the
submission in writing and under oath of an affidavit of
disqualification stating that the member cannot render an
impartial and unbiased decision. If the Committee approves and
accepts such affidavit of disqualification, or if a member is
disqualified pursuant to rule 17(e) or rule 23(a), the Chairman
shall so notify the Speaker and ask the Speaker to designate a
Member of the House of Representatives from the same political
party as the disqualified member of the Committee to act as a
member of the Committee in any Committee proceeding relating to
such investigation.
Rule 10.--Vote Requirements
(a) The following actions shall be taken only upon an
affirmative vote of a majority of the members of the Committee
or subcommittee, as appropriate:
(1) Issuing a subpoena.
(2) Adopting a full Committee motion to create an
investigative subcommittee.
(3) Adoption or amendment of a Statement of Alleged
Violation.
(4) Finding that a count in a Statement of Alleged
Violation has been proved by clear and convincing
evidence.
(5) Sending a letter of reproval.
(6) Adoption of a recommendation to the House of
Representatives that a sanction be imposed.
(7) Adoption of a report relating to the conduct of a
Member, officer, or employee.
(8) Issuance of an advisory opinion of general
applicability establishing new policy.
(b) Except as stated in clause (a), action may be taken by
the Committee or any subcommittee thereof by a simple majority,
a quorum being present.
(c) No motion made to take any of the actions enumerated in
clause (a) of this rule may be entertained by the Chair unless
a quorum of the Committee is present when such motion is made.
Rule 11.--Committee Records
(a) All communications and all pleadings pursuant to these
rules shall be filed with the Committee at the Committee's
office or such other place as designated by the Committee.
(b) All records of the Committee which have been delivered
to the Archivist of the United States shall be made available
to the public in accordance with rule VII of the Rules of the
House of Representatives.
Rule 12.--Broadcasts of Committee and Subcommittee Proceedings
(a) Television or radio coverage of a Committee or
subcommittee hearing or meeting shall be without commercial
sponsorship.
(b) No witness shall be required against his or her will to
be photographed or otherwise to have a graphic reproduction of
his or her image made at any hearing or to give evidence or
testimony while the broadcasting of that hearing, by radio or
television, is being conducted. At the request of any witness,
all media microphones shall be turned off, all television and
camera lenses shall be covered, and the making of a graphic
reproduction at the hearing shall not be permitted. This
paragraph supplements clause 2(k)(5) of rule XI of the Rules of
the House of Representatives relating to the protection of the
rights of witnesses.
(c) Not more than four television cameras, operating from
fixed positions, shall be permitted in a hearing or meeting
room. The Committee may allocate the positions of permitted
television cameras among the television media in consultation
with the Executive Committee of the Radio and Television
Correspondents' Galleries.
(d) Television cameras shall be placed so as not to
obstruct in any way the space between any witness giving
evidence or testimony and any member of the Committee, or the
visibility of that witness and that member to each other.
(e) Television cameras shall not be placed in positions
that unnecessarily obstruct the coverage of the hearing or
meeting by the other media.
PART II--INVESTIGATIVE AUTHORITY
Rule 13.--House Resolution
Whenever the House of Representatives, by resolution,
authorizes or directs the Committee to undertake an inquiry or
investigation, the provisions of the resolution, in conjunction
with these Rules, shall govern. To the extent the provisions of
the resolution differ from these Rules, the resolution shall
control.
Rule 14.--Committee Authority To Investigate--General Policy
(a) Pursuant to clause 3(b) of rule XI of the Rules of the
House of Representatives, the Committee may exercise its
investigative authority when:
(1) information offered as a complaint by a Member of
the House of Representatives is transmitted directly to
the Committee;
(2) information offered as a complaint by an
individual not a Member of the House is transmitted to
the Committee, provided that a Member of the House
certifies in writing that he or she believes the
information is submitted in good faith and warrants the
review and consideration of the Committee;
(3) the Committee, on its own initiative, establishes
an investigative subcommittee;
(4) a Member, officer, or employee is convicted in a
Federal, State, or local courts of a felony; or
(5) the House of Representatives, by resolution,
authorizes or directs the Committee to undertake an
inquiry or investigation.
(b) The Committee also has investigatory authority over:
(1) certain unauthorized disclosures of intelligence-
related information, pursuant to House rule X, clauses
11(g)(4) and (g)(5); or
(2) reports received from the Office of the Inspector
General pursuant to House rule II, clause 6(c)(5).
Rule 15.--Complaints
(a) A complaint submitted to the Committee shall be in
writing, dated, and properly verified (a document will be
considered properly verified where a notary executes it with
the language, ``Signed and sworn to (or affirmed) before me on
(date) by (the name of the person)'' setting forth in simple,
concise, and direct statements--
(1) the name and legal address of the party filing
the complaint (hereinafter referred to as the
``complainant'');
(2) the name and position or title of the respondent;
(3) the nature of the alleged violation of the Code
of Official Conduct or of other law, rule, regulation,
or other standard of conduct applicable to the
performance of duties or discharge of responsibilities;
and
(4) the facts alleged to give rise to the violation.
The complaint shall not contain innuendo, speculative
assertions, or conclusory statements.
(b) Any documents in the possession of the complainant that
relate to the allegations may be submitted with the complaint.
(c) Information offered as a complaint by a Member of the
House of Representatives may be transmitted directly to the
Committee.
(d) Information offered as a complaint by an individual not
a Member of the House may be transmitted to the Committee,
provided that a Member of the House certifies in writing that
he or she believes the information is submitted in good faith
and warrants the review and consideration of the Committee.
(e) A complaint must be accompanied by a certification,
which may be unsworn, that the complainant has provided an
exact copy of the filed complaint and all attachments to the
respondent.
(f) The Committee may defer action on a complaint against a
Member, officer, or employee of the House of Representatives
when the complaint alleges conduct that the Committee has
reason to believe is being reviewed by appropriate law
enforcement or regulatory authorities, or when the Committee
determines that it is appropriate for the conduct alleged in
the complaint to be reviewed initially by law enforcement or
regulatory authorities.
(g) A complaint may not be amended without leave of the
Committee. Otherwise, any new allegations of improper conduct
must be submitted in a new complaint that independently meets
the procedural requirements of the Rules of the House of
Representatives and the Committee's Rules.
(h) The Committee shall not accept, and shall return to the
complainant, any complaint submitted within the 60 days prior
to an election in which the subject of the complaint is a
candidate.
(i) The Committee shall not consider a complaint, nor shall
any investigation be undertaken by the Committee, of any
alleged violation which occurred before the third previous
Congress unless the Committee determines that the alleged
violation is directly related to an alleged violation which
occurred in a more recent Congress.
Rule 16.--Duties of Committee Chairman and Ranking Minority Member
(a) Whenever information offered as a complaint is
submitted to the Committee, the Chairman and Ranking Minority
Member shall have 14 calendar days or 5 legislative days,
whichever occurs first, to determine whether the information
meets the requirements of the Committee's rules for what
constitutes a complaint.
(b) Whenever the Chairman and Ranking Minority Member
jointly determine that information submitted to the Committee
meets the requirements of the Committee's rules for what
constitutes a complaint, they shall have 45 calendar days or 5
legislative days, whichever is later, after the date that the
Chairman and Ranking Minority Member determine that information
filed meets the requirements of the Committee's rules for what
constitutes a complaint, unless the Committee by an affirmative
vote of a majority of its members votes otherwise, to--
(1) recommend to the Committee that it dispose of the
complaint, or any portion thereof, in any manner that
does not require action by the House, which may include
dismissal of the complaint or resolution of the
complaint by a letter to the Member, officer, or
employee of the House against whom the complaint is
made;
(2) establish an investigative subcommittee; or
(3) request that the Committee extend the applicable
45-calendar day period when they determine more time is
necessary in order to make a recommendation under
paragraph (1) or (2) of rule 16(b).
(c) The Chairman and Ranking Minority Member may jointly
gather additional information concerning alleged conduct which
is the basis of a complaint or of information offered as a
complaint until they have established an investigative
subcommittee or the Chairman or Ranking Minority Member has
placed on the agenda the issue of whether to establish an
investigative subcommittee.
(d) If the Chairman and Ranking Minority Member jointly
determine that information submitted to the Committee meets the
requirements of the Committee rules for what constitutes a
complaint, and the complaint is not disposed of within 45
calendar days or 5 legislative days, whichever is later, and no
additional 45-day extension is made, then they shall establish
an investigative subcommittee and forward the complaint, or any
portion thereof, to that subcommittee for its consideration. If
at any time during the time period either the Chairman or
Ranking Minority Member places on the agenda the issue of
whether to establish an investigative subcommittee, then an
investigative subcommittee may be established only by an
affirmative vote of a majority of the members of the Committee.
(e) Whenever the Chairman and Ranking Minority Member
jointly determine that information submitted to the Committee
does not meet the requirements for what constitutes a complaint
set forth in the Committee rules, they may (1) return the
information to the complainant with a statement that it fails
to meet the requirements for what constitutes a complaint set
forth in the Committee's rules; or (2) recommend to the
Committee that it authorize the establishment of an
investigative subcommittee.
Rule 17.--Processing of Complaints
(a) If a complaint is in compliance with House and
Committee Rules, a copy of the complaint and the Committee
Rules shall be forwarded to the respondent within five days
with notice that the complaint conforms to the applicable
rules.
(b) The respondent may, within 30 days of the Committee's
notification, provide to the Committee any information relevant
to a complaint filed with the Committee. The respondent may
submit a written statement in response to the complaint. Such a
statement shall be signed by the respondent. If the statement
is prepared by counsel for the respondent, the respondent shall
sign a representation that he/she has reviewed the response and
agrees with the factual assertions contained therein.
(c) The Committee staff may request information from the
respondent or obtain additional information pertinent to the
case from other sources prior to the establishment of an
investigative subcommittee only when so directed by the
Chairman and Ranking Minority Member.
(d) The respondent shall be notified in writing regarding
the Committee's decision either to dismiss the complaint or to
create an investigative subcommittee.
(e) The respondent shall be notified of the membership of
the investigative subcommittee and shall have ten days after
such notice is transmitted to object to the participation of
any subcommittee member. Such objection shall be in writing and
shall be on the grounds that the subcommittee member cannot
render an impartial and unbiased decision. The subcommittee
member against whom the objection is made shall be the sole
judge of his or her disqualification.
Rule 18.--Committee-Initiated Inquiry
(a) Notwithstanding the absence of a filed complaint, the
Committee may consider any information in its possession
indicating that a Member, officer, or employee may have
committed a violation of the Code of Official Conduct or any
law, rule, regulation, or other standard of conduct applicable
to the conduct of such Member, officer, or employee in the
performance of his or her duties or the discharge of his or her
responsibilities. The Chairman and Ranking Minority Member may
jointly gather additional information concerning such an
alleged violation by a Member, officer, or employee unless and
until an investigative subcommittee has been established.
(b) If the Committee votes to establish an investigative
subcommittee, the Committee shall proceed in accordance with
rule 19.
(c) Any written request by a Member, officer, or employee
of the House of Representatives that the Committee conduct an
inquiry into such person's own conduct shall be processed in
accordance with subsection (a) of this rule.
(d) An inquiry shall not be undertaken regarding any
alleged violation that occurred before the third previous
Congress unless a majority of the Committee determines that the
alleged violation is directly related to an alleged violation
that occurred in a more recent Congress.
(e) An inquiry shall be undertaken by an investigative
subcommittee with regard to any felony conviction of a Member,
officer, or employee of the House of Representatives in a
Federal, State, or local court who has been sentenced.
Notwithstanding this provision, the Committee has the
discretion to initiate an inquiry upon an affirmative vote of a
majority of the members of the Committee at any time prior to
conviction or sentencing.
Rule 19.--Investigative Subcommittee
(a) Upon the establishment of an investigative
subcommittee, the Chairman and Ranking Minority Member of the
Committee shall designate four members (with equal
representation from the majority and minority parties) to serve
as an investigative subcommittee to undertake an inquiry.
Members of the Committee and Members of the House selected
pursuant to clause 5(a)(4)(A) of rule X of the House of
Representatives, are eligible for appointment to an
investigative subcommittee, as determined by the Chairman and
Ranking Minority Member of the Committee. At the time of
appointment, the Chairman shall designate one member of the
subcommittee to serve as the chairman and the Ranking Minority
Member shall designate one member of the subcommittee to serve
as the ranking minority member of the investigative
subcommittee. The Chairman and Ranking Minority Member of the
Committee may serve as members of an investigative
subcommittee, but may not serve as non-voting, ex-officio
members.
(b) In an inquiry undertaken by an investigative
subcommittee--
(1) All proceedings, including the taking of
testimony, shall be conducted in executive session and
all testimony taken by deposition or things produced
pursuant to subpoena or otherwise shall be deemed to
have been taken or produced in executive session.
(2) The Chairman of the investigative subcommittee
shall ask the respondent and all witnesses whether they
intend to be represented by counsel. If so, the
respondent or witnesses or their legal representatives
shall provide written designation of counsel. A
respondent or witness who is represented by counsel
shall not be questioned in the absence of counsel
unless an explicit waiver is obtained.
(3) The subcommittee shall provide the respondent an
opportunity to present, orally or in writing, a
statement, which must be under oath or affirmation,
regarding the allegations and any other relevant
questions arising out of the inquiry.
(4) The staff may interview witnesses, examine
documents and other evidence, and request that
submitted statements be under oath or affirmation and
that documents be certified as to their authenticity
and accuracy.
(5) The subcommittee, by a majority vote of its
members, may require, by subpoena or otherwise, the
attendance and testimony of witnesses and the
production of such books, records, correspondence,
memoranda, papers, documents, and other items as it
deems necessary to the conduct of the inquiry. Unless
the Committee otherwise provides, the subpoena power
shall rest in the Chairman and Ranking Minority Member
of the Committee and a subpoena shall be issued upon
the request of the investigative subcommittee.
(6) The subcommittee shall require that testimony be
given under oath or affirmation. The form of the oath
or affirmation shall be: ``Do you solemnly swear (or
affirm) that the testimony you will give before this
subcommittee in the matter now under consideration will
be the truth, the whole truth, and nothing but the
truth (so help you God)?'' The oath or affirmation
shall be administered by the Chairman or subcommittee
member designated by the Chairman to administer oaths.
(c) During the inquiry, the procedure respecting the
admissibility of evidence and rulings shall be as follows:
(1) Any relevant evidence shall be admissible unless
the evidence is privileged under the precedents of the
House of Representatives.
(2) The Chairman of the subcommittee or other
presiding member at any investigative subcommittee
proceeding shall rule upon any question of
admissibility or pertinency of evidence, motion,
procedure or any other matter, and may direct any
witness to answer any question under penalty of
contempt. A witness, witness' counsel, or a member of
the subcommittee may appeal any rulings to the members
present at that proceeding. The majority vote of the
members present at such proceeding on such appeal shall
govern the question of admissibility, and no appeal
shall lie to the Committee.
(3) Whenever a person is determined by a majority
vote to be in contempt of the subcommittee, the matter
may be referred to the Committee to determine whether
to refer the matter to the House of Representatives for
consideration.
(4) Committee counsel may, subject to subcommittee
approval, enter into stipulations with the respondent
and/or the respondent's counsel as to facts that are
not in dispute.
(d) Upon an affirmative vote of a majority of the
subcommittee members, and an affirmative vote of a majority of
the full Committee, an investigative subcommittee may expand
the scope of its investigation.
(e) Upon completion of the investigation, the staff shall
draft for the investigative subcommittee a report that shall
contain a comprehensive summary of the information received
regarding the alleged violations.
(f) Upon completion of the inquiry, an investigative
subcommittee, by a majority vote of its members, may adopt a
Statement of Alleged Violation if it determines that there is
substantial reason to believe that a violation of the Code of
Official Conduct, or of a law, rule, regulation, or other
standard of conduct applicable to the performance of official
duties or the discharge of official responsibilities by a
Member, officer, or employee of the House of Representatives
has occurred. If more than one violation is alleged, such
Statement shall be divided into separate counts. Each count
shall relate to a separate violation, shall contain a plain and
concise statement of the alleged facts of such violation, and
shall include a reference to the provision of the Code of
Official Conduct or law, rule, regulation or other applicable
standard of conduct governing the performance of duties or
discharge of responsibilities alleged to have been violated. A
copy of such Statement shall be transmitted to the respondent
and the respondent's counsel.
(g) If the investigative subcommittee does not adopt a
Statement of Alleged Violation, it shall transmit to the
Committee a report containing a summary of the information
received in the inquiry, its conclusions and reasons therefore,
and any appropriate recommendation.
Rule 20.--Amendments to Statements of Alleged Violation
(a) An investigative subcommittee may, upon an affirmative
vote of a majority of its members, amend its Statement of
Alleged Violation anytime before the Statement of Alleged
Violation is transmitted to the Committee; and
(b) If an investigative subcommittee amends its Statement
of Alleged Violation, the respondent shall be notified in
writing and shall have 30 calendar days from the date of that
notification to file an answer to the amended Statement of
Alleged Violation.
Rule 21.--Committee Reporting Requirements
(a) Whenever an investigative subcommittee does not adopt a
Statement of Alleged Violation and transmits a report to that
effect to the Committee, the Committee may by an affirmative
vote of a majority of its members transmit such report to the
House of Representatives;
(b) Whenever an investigative subcommittee adopts a
Statement of Alleged Violation but recommends that no further
action be taken, it shall transmit a report to the Committee
regarding the Statement of Alleged Violation; and
(c) Whenever an investigative subcommittee adopts a
Statement of Alleged Violation, the respondent admits to the
violations set forth in such Statement, the respondent waives
his or her right to an adjudicatory hearing, and the
respondent's waiver is approved by the Committee--
(1) the subcommittee shall prepare a report for
transmittal to the Committee, a final draft of which
shall be provided to the respondent not less than 15
calendar days before the subcommittee votes on whether
to adopt the report;
(2) the respondent may submit views in writing
regarding the final draft to the subcommittee within 7
calendar days of receipt of that draft;
(3) the subcommittee shall transmit a report to the
Committee regarding the Statement of Alleged Violation
together with any views submitted by the respondent
pursuant to subparagraph (2), and the Committee shall
make the report, together with the respondent's views,
available to the public before the commencement of any
sanction hearing; and
(4) the Committee shall by an affirmative vote of a
majority of its members issue a report and transmit
such report to the House of Representatives, together
with the respondent's views previously submitted
pursuant to subparagraph (2) and any additional views
respondent may submit for attachment to the final
report; and
(d) Members of the Committee shall have not less than 72
hours to review any report transmitted to the Committee by an
investigative subcommittee before both the commencement of a
sanction hearing and the Committee vote on whether to adopt the
report.
Rule 22.--Respondent's Answer
(a)(1) Within 30 days from the date of transmittal of a
Statement of Alleged Violation, the respondent shall file with
the investigative subcommittee an answer, in writing and under
oath, signed by respondent and respondent's counsel. Failure to
file an answer within the time prescribed shall be considered
by the Committee as a denial of each count.
(2) The answer shall contain an admission to or denial of
each count set forth in the Statement of Alleged Violation and
may include negative, affirmative, or alternative defenses and
any supporting evidence or other relevant information.
(b) The respondent may file a Motion for a Bill of
Particulars within 10 days of the date of transmittal of the
Statement of Alleged Violation. If a Motion for a Bill of
Particulars is filed, the respondent shall not be required to
file an answer until 20 days after the subcommittee has replied
to such motion.
(c)(1) The respondent may file a Motion to Dismiss within
10 days of the date of transmittal of the Statement of Alleged
Violation or, if a Motion for a Bill of Particulars has been
filed, within 10 days of the date of the subcommittee's reply
to the Motion for a Bill of Particulars. If a Motion to Dismiss
is filed, the respondent shall not be required to file an
answer until 20 days after the subcommittee has replied to the
Motion to Dismiss, unless the respondent previously filed a
Motion for a Bill of Particulars, in which case the respondent
shall not be required to file an answer until 10 days after the
subcommittee has replied to the Motion to Dismiss. The
investigative subcommittee shall rule upon any motion to
dismiss filed during the period between the establishment of
the subcommittee and the subcommittee's transmittal of a report
or Statement of Alleged Violation to the Committee or to the
Chairman and Ranking Minority Member at the conclusion of an
inquiry, and no appeal of the subcommittee's ruling shall lie
to the Committee.
(2) A Motion to Dismiss may be made on the grounds that the
Statement of Alleged Violation fails to state facts that
constitute a violation of the Code of Official Conduct or other
applicable law, rule, regulation, or standard of conduct, or on
the grounds that the Committee lacks jurisdiction to consider
the allegations contained in the Statement.
(d) Any motion filed with the subcommittee pursuant to this
rule shall be accompanied by a Memorandum of Points and
Authorities.
(e)(1) The Chairman of the investigative subcommittee, for
good cause shown, may permit the respondent to file an answer
or motion after the day prescribed above.
(2) If the ability of the respondent to present an adequate
defense is not adversely affected and special circumstances so
require, the Chairman of the investigative subcommittee may
direct the respondent to file an answer or motion prior to the
day prescribed above.
(f) If the day on which any answer, motion, reply, or other
pleading must be filed falls on a Saturday, Sunday, or holiday,
such filing shall be made on the first business day thereafter.
(g) As soon as practicable after an answer has been filed
or the time for such filing has expired, the Statement of
Alleged Violation and any answer, motion, reply, or other
pleading connected therewith shall be transmitted by the
Chairman of the investigative subcommittee to the Chairman and
Ranking Minority Member of the Committee.
Rule 23.--Adjudicatory Hearings
(a) If a Statement of Alleged Violation is transmitted to
the Chairman and Ranking Minority Member pursuant to rule 22,
and no waiver pursuant to rule 26(b) has occurred, the Chairman
shall designate the members of the Committee who did not serve
on the investigative subcommittee to serve on an adjudicatory
subcommittee. The Chairman and Ranking Minority Member of the
Committee shall be the Chairman and Ranking Minority Member of
the adjudicatory subcommittee unless they served on the
investigative subcommittee. The respondent shall be notified of
the designation of the adjudicatory subcommittee and shall have
ten days after such notice is transmitted to object to the
participation of any subcommittee member. Such objection shall
be in writing and shall be on the grounds that the member
cannot render an impartial and unbiased decision. The member
against whom the objection is made shall be the sole judge of
his or her disqualification.
(b) A majority of the adjudicatory subcommittee membership
plus one must be present at all times for the conduct of any
business pursuant to this rule.
(c) The adjudicatory subcommittee shall hold a hearing to
determine whether any counts in the Statement of Alleged
Violation have been proved by clear and convincing evidence and
shall make findings of fact, except where such violations have
been admitted by respondent.
(d) At an adjudicatory hearing, the subcommittee may
require, by subpoena or otherwise, the attendance and testimony
of such witnesses and production of such books, records,
correspondence, memoranda, papers, documents, and other items
as it deems necessary. Depositions, interrogatories, and sworn
statements taken under any investigative subcommittee direction
may be accepted into the hearing record.
(e) The procedures set forth in clause 2(g) and (k) of rule
XI of the Rules of the House of Representatives shall apply to
adjudicatory hearings. All such hearings shall be open to the
public unless the adjudicatory subcommittee, pursuant to such
clause, determines that the hearings or any part thereof should
be closed.
(f)(1) The adjudicatory subcommittee shall, in writing,
notify the respondent that the respondent and his or her
counsel have the right to inspect, review, copy, or photograph
books, papers, documents, photographs, or other tangible
objects that the adjudicatory subcommittee counsel intends to
use as evidence against the respondent in an adjudicatory
hearing. The respondent shall be given access to such evidence,
and shall be provided the names of witnesses the subcommittee
counsel intends to call, and a summary of their expected
testimony, no less than 15 calendar days prior to any such
hearing. Except in extraordinary circumstances, no evidence may
be introduced or witness called in an adjudicatory hearing
unless the respondent has been afforded a prior opportunity to
review such evidence or has been provided the name of the
witness.
(2) After a witness has testified on direct examination at
an adjudicatory hearing, the Committee, at the request of the
respondent, shall make available to the respondent any
statement of the witness in the possession of the Committee
which relates to the subject matter as to which the witness has
testified.
(3) Any other testimony, statement, or documentary evidence
in the possession of the Committee which is material to the
respondent's defense shall, upon request, be made available to
the respondent.
(g) No less than five days prior to the hearing, the
respondent or counsel shall provide the adjudicatory
subcommittee with the names of witnesses expected to be called,
summaries of their expected testimony, and copies of any
documents or other evidence proposed to be introduced.
(h) The respondent or counsel may apply to the subcommittee
for the issuance of subpoenas for the appearance of witnesses
or the production of evidence. The application shall be granted
upon a showing by the respondent that the proposed testimony or
evidence is relevant and not otherwise available to respondent.
The application may be denied if not made at a reasonable time
or if the testimony or evidence would be merely cumulative.
(i) During the hearing, the procedures regarding the
admissibility of evidence and rulings shall be as follows:
(1) Any relevant evidence shall be admissible unless
the evidence is privileged under the precedents of the
House of Representatives.
(2) The Chairman of the subcommittee or other
presiding member at an adjudicatory subcommittee
hearing shall rule upon any question of admissibility
or pertinency of evidence, motion, procedure, or any
other matter, and may direct any witness to answer any
question under penalty of contempt. A witness,
witness's counsel, or a member of the subcommittee may
appeal any ruling to the members present at that
proceeding. The majority vote of the members present at
such proceeding on such an appeal shall govern the
question of admissibility and no appeal shall lie to
the Committee.
(3) Whenever a witness is deemed by a Chairman or
other presiding member to be in contempt of the
subcommittee, the matter may be referred to the
Committee to determine whether to refer the matter to
the House of Representatives for consideration.
(4) Committee counsel may, subject to subcommittee
approval, enter into stipulations with the respondent
and/or the respondent's counsel as to facts that are
not in dispute.
(j) Unless otherwise provided, the order of an adjudicatory
hearing shall be as follows:
(1) The Chairman of the subcommittee shall open the
hearing by stating the adjudicatory subcommittee's
authority to conduct the hearing and the purpose of the
hearing.
(2) The Chairman shall then recognize Committee
counsel and the respondent's counsel, in turn, for the
purpose of giving opening statements.
(3) Testimony from witnesses and other pertinent
evidence shall be received in the following order
whenever possible:
(i) witnesses (deposition transcripts and
affidavits obtained during the inquiry may be
used in lieu of live witnesses if the witness
is unavailable) and other evidence offered by
the Committee counsel,
(ii) witnesses and other evidence offered by
the respondent,
(iii) rebuttal witnesses, as permitted by the
Chairman.
(4) Witnesses at a hearing shall be examined first by
counsel calling such witness. The opposing counsel may
then cross-examine the witness. Redirect examination
and recross-examination by counsel may be permitted at
the Chairman's discretion. Subcommittee members may
then question witnesses. Unless otherwise directed by
the Chairman, questions by Subcommittee members shall
be conducted under the five-minute rule.
(5) The Chairman shall then recognize Committee
counsel and respondent's counsel, in turn, for the
purpose of giving closing arguments. Committee counsel
may reserve time for rebuttal argument, as permitted by
the Chairman.
(k) A subpoena to a witness to appear at a hearing shall be
served sufficiently in advance of that witness' scheduled
appearance to allow the witness a reasonable period of time, as
determined by the Chairman of the adjudicatory subcommittee, to
prepare for the hearing and to employ counsel.
(l) Each witness appearing before the subcommittee shall be
furnished a printed copy of the Committee rules, the pertinent
provisions of the Rules of the House of Representatives
applicable to the rights of witnesses, and a copy of the
Statement of Alleged Violation.
(m) Testimony of all witnesses shall be taken under oath or
affirmation. The form of the oath or affirmation shall be: ``Do
you solemnly swear (or affirm) that the testimony you will give
before this subcommittee in the matter now under consideration
will be the truth, the whole truth, and nothing but the truth
(so help you God)?'' The oath or affirmation shall be
administered by the Chairman or Committee member designated by
the Chairman to administer oaths.
(n) At an adjudicatory hearing, the burden of proof rests
on Committee counsel to establish the facts alleged in the
Statement of Alleged Violation by clear and convincing
evidence. However, Committee counsel need not present any
evidence regarding any count that is admitted by the respondent
or any fact stipulated.
(o) As soon as practicable after all testimony and evidence
have been presented, the subcommittee shall consider each count
contained in the Statement of Alleged Violation and shall
determine by a majority vote of its members whether each count
has been proved. If a majority of the subcommittee does not
vote that a count has been proved, a motion to reconsider that
vote may be made only by a member who voted that the count was
not proved. A count that is not proved shall be considered as
dismissed by the subcommittee.
(p) The findings of the adjudicatory subcommittee shall be
reported to the Committee.
Rule 24.--Sanction Hearing and Consideration of Sanctions or Other
Recommendations
(a) If no count in a Statement of Alleged Violation is
proved, the Committee shall prepare a report to the House of
Representatives, based upon the report of the adjudicatory
subcommittee.
(b) If an adjudicatory subcommittee completes an
adjudicatory hearing pursuant to rule 23 and reports that any
count of the Statement of Alleged Violation has been proved, a
hearing before the Committee shall be held to receive oral and/
or written submissions by counsel for the Committee and counsel
for the respondent as to the sanction the Committee should
recommend to the House of Representatives with respect to such
violations. Testimony by witnesses shall not be heard except by
written request and vote of a majority of the Committee.
(c) Upon completion of any proceeding held pursuant to
clause (b), the Committee shall consider and vote on a motion
to recommend to the House of Representatives that the House
take disciplinary action. If a majority of the Committee does
not vote in favor of the recommendation that the House of
Representatives take action, a motion to reconsider that vote
may be made only by a member who voted against the
recommendation. The Committee may also, by majority vote, adopt
a motion to issue a Letter of Reproval or take other
appropriate Committee action.
(d) If the Committee determines a Letter of Reproval
constitutes sufficient action, the Committee shall include any
such letter as a part of its report to the House of
Representatives.
(e) With respect to any proved counts against a Member of
the House of Representatives, the Committee may recommend to
the House one or more of the following sanctions:
(1) Expulsion from the House of Representatives.
(2) Censure.
(3) Reprimand.
(4) Fine.
(5) Denial or limitation of any right, power,
privilege, or immunity of the Member if under the
Constitution the House of Representatives may impose
such denial or limitation.
(6) Any other sanction determined by the Committee to
be appropriate.
(f) With respect to any proved counts against an officer or
employee of the House of Representatives, the Committee may
recommend to the House one or more of the following sanctions:
(1) Dismissal from employment.
(2) Reprimand.
(3) Fine.
(4) Any other sanction determined by the Committee to
be appropriate.
(g) With respect to the sanctions that the Committee may
recommend, reprimand is appropriate for serious violations,
censure is appropriate for more serious violations, and
expulsion of a Member or dismissal of an officer or employee is
appropriate for the most serious violations. A recommendation
of a fine is appropriate in a case in which it is likely that
the violation was committed to secure a personal financial
benefit; and a recommendation of a denial or limitation of a
right, power, privilege, or immunity of a Member is appropriate
when the violation bears upon the exercise or holding of such
right, power, privilege, or immunity. This clause sets forth
general guidelines and does not limit the authority of the
Committee to recommend other sanctions.
(h) The Committee report shall contain an appropriate
statement of the evidence supporting the Committee's findings
and a statement of the Committee's reasons for the recommended
sanction.
Rule 25.--Disclosure of Exculpatory Information to Respondent
If the Committee, or any investigative or adjudicatory
subcommittee at any time receives any exculpatory information
respecting a Complaint or Statement of Alleged Violation
concerning a Member, officer, or employee of the House of
Representatives, it shall make such information known and
available to the Member, officer, or employee as soon as
practicable, but in no event later than the transmittal of
evidence supporting a proposed Statement of Alleged Violation
pursuant to rule 26(c). If an investigative subcommittee does
not adopt a Statement of Alleged Violation, it shall identify
any exculpatory information in its possession at the conclusion
of its inquiry and shall include such information, if any, in
the subcommittee's final report to the Committee regarding its
inquiry. For purposes of this rule, exculpatory evidence shall
be any evidence or information that is substantially favorable
to the respondent with respect to the allegations or charges
before an investigative or adjudicatory subcommittee.
Rule 26.--Rights of Respondents and Witnesses
(a) A respondent shall be informed of the right to be
represented by counsel, to be provided at his or her own
expense.
(b) A respondent may seek to waive any procedural rights or
steps in the disciplinary process. A request for waiver must be
in writing, signed by the respondent, and must detail what
procedural steps the respondent seeks to waive. Any such
request shall be subject to the acceptance of the Committee or
subcommittee, as appropriate.
(c) Not less than 10 calendar days before a scheduled vote
by an investigative subcommittee on a Statement of Alleged
Violation, the subcommittee shall provide the respondent with a
copy of the Statement of Alleged Violation it intends to adopt
together with all evidence it intends to use to prove those
charges which it intends to adopt, including documentary
evidence, witness testimony, memoranda of witness interviews,
and physical evidence, unless the subcommittee by an
affirmative vote of a majority of its members decides to
withhold certain evidence in order to protect a witness, but if
such evidence is withheld, the subcommittee shall inform the
respondent that evidence is being withheld and of the count to
which such evidence relates.
(d) Neither the respondent nor his counsel shall, directly
or indirectly, contact the subcommittee or any member thereof
during the period of time set forth in paragraph (c) except for
the sole purpose of settlement discussions where counsels for
the respondent and the subcommittee are present.
(e) If, at any time after the issuance of a Statement of
Alleged Violation, the Committee or any subcommittee thereof
determines that it intends to use evidence not provided to a
respondent under paragraph (c) to prove the charges contained
in the Statement of Alleged Violation (or any amendment
thereof), such evidence shall be made immediately available to
the respondent, and it may be used in any further proceeding
under the Committee's rules.
(f) Evidence provided pursuant to paragraph (c) or (e)
shall be made available to the respondent and his or her
counsel only after each agrees, in writing, that no document,
information, or other materials obtained pursuant to that
paragraph shall be made public until--
(1) such time as a Statement of Alleged Violation is
made public by the Committee if the respondent has
waived the adjudicatory hearing; or
(2) the commencement of an adjudicatory hearing if
the respondent has not waived an adjudicatory hearing;
but the failure of respondent and his counsel to so
agree in writing, and therefore not receive the
evidence, shall not preclude the issuance of a
Statement of Alleged Violation at the end of the period
referenced to in (c).
(g) A respondent shall receive written notice whenever--
(1) the Chairman and Ranking Minority Member
determine that information the Committee has received
constitutes a complaint;
(2) a complaint or allegation is transmitted to an
investigative subcommittee;
(3) that subcommittee votes to authorize its first
subpoena or to take testimony under oath, whichever
occurs first; and
(4) the Committee votes to expand the scope of the
inquiry of an investigative subcommittee.
(h) Whenever an investigative subcommittee adopts a
Statement of Alleged Violation and a respondent enters into an
agreement with that subcommittee to settle a complaint on which
the Statement is based, that agreement, unless the respondent
requests otherwise, shall be in writing and signed by the
respondent and the respondent's counsel, the Chairman and
Ranking Minority Member of the subcommittee, and the outside
counsel, if any.
(i) Statements or information derived solely from a
respondent or his counsel during any settlement discussions
between the Committee or a subcommittee thereof and the
respondent shall not be included in any report of the
subcommittee or the Committee or otherwise publicly disclosed
without the consent of the respondent.
(j) Whenever a motion to establish an investigative
subcommittee does not prevail, the Committee shall promptly
send a letter to the respondent informing him of such vote.
(k) Witnesses shall be afforded a reasonable period of
time, as determined by the Committee or subcommittee, to
prepare for an appearance before an investigative subcommittee
or for an adjudicatory hearing and to obtain counsel.
(l) Prior to their testimony, witnesses shall be furnished
a printed copy of the Committee's Rules of Procedure and the
provisions of the Rules of the House of Representatives
applicable to the rights of witnesses.
(m) Witnesses may be accompanied by their own counsel for
the purpose of advising them concerning their constitutional
rights. The Chairman may punish breaches of order and decorum,
and of professional responsibility on the part of counsel, by
censure and exclusion from the hearings; and the Committee may
cite the offender to the House of Representatives for contempt.
(n) Each witness subpoenaed to provide testimony or other
evidence shall be provided the same per diem rate as
established, authorized, and regulated by the Committee on
House Administration for Members, officers and employees of the
House, and as the Chairman considers appropriate, actual
expenses of travel to or from the place of examination. No
compensation shall be authorized for attorney's fees or for a
witness' lost earnings. Such per diem may not be paid if a
witness had been summoned at the place of examination.
(o) With the approval of the Committee, a witness, upon
request, may be provided with a transcript of his or her
deposition or other testimony taken in executive session, or,
with the approval of the Chairman and Ranking Minority Member,
may be permitted to examine such transcript in the office of
the Committee. Any such request shall be in writing and shall
include a statement that the witness, and counsel, agree to
maintain the confidentiality of all executive session
proceedings covered by such transcript.
Rule 27.--Frivolous Filings
If a complaint or information offered as a complaint is
deemed frivolous by an affirmative vote of a majority of the
members of the Committee, the Committee may take such action as
it, by an affirmative vote of its members, deems appropriate in
the circumstances.
Rule 28.--Referrals to Federal or State Authorities
Referrals made under clause 3(a)(3) of rule XI of the Rules
of the House of Representatives may be made by an affirmative
vote of two-thirds of the members of the Committee.
Committee on Transportation and Infrastructure
JAMES L. OBERSTAR, Minnesota,
Chairman
JOHN L. MICA, Florida, NICK J. RAHALL II, West Virginia
Ranking Member PETER A. DeFAZIO, Oregon Member
DON YOUNG, Alaska JERRY F. COSTELLO, Illinois
THOMAS E. PETRI, Wisconsin ELEANOR HOLMES NORTON,
HOWARD COBLE, North Carolina District of Columbia
JOHN J. DUNCAN, Jr., Tennessee JERROLD NADLER, New York
WAYNE T. GILCHREST, Maryland CORRINE BROWN, Florida
VERNON J. EHLERS, Michigan BOB FILNER, California
STEVEN C. LaTOURETTE, Ohio EDDIE BERNICE JOHNSON, Texas
RICHARD H. BAKER, Louisiana GENE TAYLOR, Mississippi
FRANK A LoBIONDO, New Jersey ELIJAH E. CUMMINGS, Maryland
JERRY MORAN, Kansas ELLEN O. TAUSCHER, California
GARY G. MILLER, California LEONARD L. BOSWELL, Iowa
ROBIN HAYES, North Carolina TIM HOLDEN, Pennsylvania
HENRY E. BROWN, Jr., South Carolina BRIAN BAIRD, Washington
TIMOTHY V. JOHNSON, Illinois RICK LARSEN, Washington
TODD RUSSELL PLATTS, MICHAEL E. CAPUANO, Massachusetts
Pennsylvania JULIA CARSON, Indiana
SAM GRAVES, Missouri TIMOTHY H. BISHOP, New York
BILL SHUSTER, Pennsylvania MICHAEL H. MICHAUD, Maine
JOHN BOOZMAN, Arkansas BRIAN HIGGINS, New York
SHELLEY MOORE CAPITO, RUSS CARNAHAN, Missouri
West Virginia* JOHN T. SALAZAR, Colorado
JIM GERLACH, Pennsylvania GRACE F. NAPOLITANO, California
MARIO DIAZ-BALART, Florida DANIEL LIPINSKI, Illinois
CHARLES W. DENT, Pennsylvania DORIS O. MATSUI, California
TED POE, Texas NICK LAMPSON, Texas
DAVID G. REICHERT, Washington ZACHARY T. SPACE, Ohio
CONNIE MACK, Florida MAZIE K. HIRONO, Hawaii
JOHN R. ``RANDY'' KUHL, Jr., BRUCE L. BRALEY, Iowa
New York JASON ALTMIRE, Pennsylvania
LYNN A. WESMORELAND, Georgia TIMOTHY J. WALZ, Minnesota
CHARLES W. BOUSTANY, Jr., HEATH SHULER, North Carolina
Louisiana MICHAEL A. ARCURI, New York
JEAN SCHMIDT, Ohio HARRY E. MITCHELL, Arizona
CANDICE S. MILLER, Michigan CHRISTOPHER P. CARNEY,
THELMA D. DRAKE, Virginia Pennsylvania
MARY FALLIN, Oklahoma JOHN J. HALL, New York
VERN BUCHANAN, Florida STEVE KAGEN, Wisconsin
STEVE COHEN, Tennessee
JERRY McNERNEY, California
LAURA RICHARDSON, California**
----------
*Appointed to the Transportation and Infrastructure Committee on March
12, 2007, filling a vacancy created by the March 9, 2007 resignation of
Rep. Kenny Marchant.
**Appointed to the Transportation and Infrastructure Committee on
September 20, 2007, filling a vacancy created by the death of Rep.
Juanita Millender-McDonald on April 22, 2007.
(Adopted January 17, 2007)
Rule I.--General Provisions
(a) Applicability of House Rules.--
(1) In General.--The Rules of the House are the rules
of the Committee 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, are non-debatable privileged motions in
the Committee and its subcommittees.
(2) Subcommittees.--Each subcommittee is part of the
Committee, and is subject to the authority and
direction of the Committee and its rules so far as
applicable.
(3) Incorporation of House Rule on Committee
Procedure.--Rule XI of the Rules of the House, which
pertains entirely to Committee procedure, is
incorporated and made a part of the rules of the
Committee to the extent applicable. Pursuant to clause
2(a)(3) of rule XI of the Rules of the House, the
Chairman is authorized to offer a motion under clause 1
of rule XXII of the Rules of the House whenever the
Chairman considers it appropriate.
(b) Publication of Rules.--The Committee's rules shall be
published in the Congressional Record not later than 30 days
after the Committee is elected in each odd-numbered year.
(c) Vice Chairman.--The Chairman shall appoint a vice
chairman of the Committee and of each subcommittee. If the
Chairman of the Committee or subcommittee is not present at any
meeting of the Committee or subcommittee, as the case may be,
the vice chairman shall preside. If the vice chairman is not
present, the ranking member of the majority party on the
Committee or subcommittee who is present shall preside at that
meeting.
Rule II.--Regular, Additional, and Special Meetings
(a) Regular Meetings.--
(1) In General.--Regular meetings of the Committee
shall be held on the first Wednesday of every month to
transact its business unless such day is a holiday, or
the House is in recess or is adjourned, in which case
the Chairman shall determine the regular meeting day of
the Committee for that month.
(2) Notice.--The Chairman shall give each member of
the Committee, as far in advance of the day of the
regular meeting as the circumstances make practicable,
a written notice of such meeting and the matters to be
considered at such meeting. To the maximum extent
practicable, the Chairman shall provide such notice at
least 3 days prior to such meeting.
(3) Cancellation or Deferral.--If the Chairman
believes that the Committee will not be considering any
bill or resolution before the full Committee and that
there is no other business to be transacted at a
regular meeting, the meeting may be canceled or it may
be deferred until such time as, in the judgment of the
Chairman, there may be matters which require the
Committee's consideration.
(4) Applicability.--This paragraph shall not apply to
meetings of any subcommittee.
(b) Additional Meetings.--The Chairman 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 for such
purpose pursuant to the call of the Chairman.
(c) Special Meetings.--If at least three members of the
Committee desire that a special meeting of the Committee be
called by the Chairman, those members may file in the offices
of the Committee their written request to the Chairman for that
special meeting. Such request shall specify the measure or
matter to be considered. Immediately upon the filing of the
request, the clerk of the Committee shall notify the Chairman
of the filing of the request. If, within 3 calendar days after
the filing of the request, the Chairman does not call the
requested special meeting to be held within 7 calendar days
after the filing of the request, a majority of the members of
the Committee may file in the offices of the Committee their
written notice that a special meeting of the Committee will be
held, specifying the date and hour thereof, and the measure or
matter to be considered at that special meeting. The Committee
shall meet on that date and hour. Immediately upon the filing
of the notice, the clerk of the Committee shall notify all
members of the Committee that such meeting will be held and
inform them of its date and hour and the measure or matter to
be considered; and only the measure or matter specified in that
notice may be considered at that special meeting.
(d) Prohibition on Sitting During Joint Session.--The
Committee may not sit during a joint session of the House and
Senate or during a recess when a joint meeting of the House and
Senate is in progress.
Rule III.--Meetings and Hearings Generally
(a) Open Meetings.--Each meeting for the transaction of
business, including the markup of legislation, and each hearing
of the Committee or a subcommittee shall be open to the public,
except as provided by clause 2(g) of rule XI of the Rules of
the House.
(b) Meetings To Begin Promptly.--Each meeting or hearing of
the Committee shall begin promptly at the time so stipulated in
the public announcement of the meeting or hearing.
(c) Addressing the Committee.--A Committee member may
address the Committee or a subcommittee on any bill, motion, or
other matter under consideration--
(1) only when recognized by the Chairman for that
purpose; and
(2) only for 5 minutes until such time as each member
of the Committee or subcommittee who so desires has had
an opportunity to address the Committee or
subcommittee.
A member shall be limited in his or her remarks to the subject
matter under consideration. The Chairman shall enforce this
subparagraph.
(d) Participation of Members in Subcommittee Meetings and
Hearings.--All members of the Committee who are not members of
a particular subcommittee may, by unanimous consent of the
members of such subcommittee, participate in any subcommittee
meeting or hearing. However, a member who is not a member of
the subcommittee may not vote on any matter before the
subcommittee, be counted for purposes of establishing a quorum,
or raise points of order.
(e) Broadcasting.--Whenever a meeting for the transaction
of business, including the markup of legislation, or a hearing
is open to the public, that meeting or hearing shall be open to
coverage by television, radio, and still photography in
accordance with clause 4 of rule XI of the Rules of the House.
Operation and use of any Committee Internet broadcast system
shall be fair and nonpartisan and in accordance with clause
4(b) of rule XI of the Rules of the House and all other
applicable rules of the Committee and the House.
(f) Access to the Dais and Lounges.--Access to the hearing
rooms' daises and to the lounges adjacent to the Committee
hearing rooms shall be limited to Members of Congress and
employees of Congress during a meeting or hearing of the
Committee unless specifically permitted by the Chairman or
ranking minority member.
(g) Use of Cellular Telephones.--The use of cellular
telephones in the Committee hearing room is prohibited during a
meeting or hearing of the Committee.
Rule IV.--Power To Sit and Act: Power To Conduct Investigations; Oaths;
Subpoena Power
(a) Authority To Sit and Act.--For the purpose of carrying
out any of its functions and duties under rules X and XI of the
Rules of the House, the Committee and each of its
subcommittees, is authorized (subject to paragraph (d)(1))--
(1) to sit and act at such times and places within
the United States whether the House is in session, has
recessed, or has adjourned and to hold such hearings;
and
(2) to require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memorandums, papers, and documents, as it deems
necessary.
(b) Authority To Conduct Investigations.--
(1) In General.--The Committee is authorized at any
time to conduct such investigations and studies as it
may consider necessary or appropriate in the exercise
of its responsibilities under rule X of the Rules of
the House and (subject to the adoption of expense
resolutions as required by rule X, clause 6 of the
Rules of the House) to incur expenses (including travel
expenses) in connection therewith.
(2) Major Investigations by Subcommittees.--A
subcommittee may not begin a major investigation
without approval of a majority of such subcommittee.
(c) Oaths.--The Chairman of the Committee, or any member
designated by the Chairman, may administer oaths to any
witness.
(d) Issuance of Subpoenas.--
(1) In General.--A subpoena may be issued by the
Committee or subcommittee under paragraph (a)(2) in the
conduct of any investigation or activity or series of
investigations or activities, only when authorized by a
majority of the members voting, a majority being
present. Such authorized subpoenas shall be signed by
the Chairman of the Committee or by any member
designated by the Committee. If a specific request for
a subpoena has not been previously rejected by either
the Committee or subcommittee, the Chairman of the
Committee, after consultation with the ranking minority
member of the Committee, may authorize and issue a
subpoena under paragraph (a)(2) in the conduct of any
investigation or activity or series of investigations
or activities, and such subpoena shall for all purposes
be deemed a subpoena issued by the Committee. As soon
as practicable after a subpoena is issued under this
rule, the Chairman shall notify all members of the
Committee of such action.
(2) Enforcement.--Compliance with any subpoena issued
by the Committee or subcommittee under paragraph (a)(2)
may be enforced only as authorized or directed by the
House.
(e) Expenses of Subpoenaed Witnesses.--Each witness who has
been subpoenaed, upon the completion of his or her testimony
before the Committee or any subcommittee, may report to the
offices of the Committee, and there sign appropriate vouchers
for travel allowances and attendance fees. If hearings are held
in cities other than Washington, D.C., the witness may contact
the counsel of the Committee, or his or her representative,
before leaving the hearing room.
Rule V.--Quorums and Record Votes; Postponement of Votes
(a) Working Quorum.--One-third of the members of the
Committee or a subcommittee shall constitute a quorum for
taking any action other than the closing of a meeting pursuant
to clauses 2(g) and 2(k)(5) of rule XI of the Rules of the
House, the authorizing of a subpoena pursuant to paragraph (d)
of Committee rule IV, the reporting of a measure or
recommendation pursuant to paragraph (b)(1) of Committee rule
VII, and the actions described in paragraphs (b), (c) and (d)
of this rule.
(b) Quorum for Reporting.--A majority of the members of the
Committee or a subcommittee shall constitute a quorum for the
reporting of a measure or recommendation.
(c) Approval of Certain Matters.--A majority of the members
of the Committee or a subcommittee shall constitute a quorum
for approval of a resolution concerning any of the following
actions:
(1) A prospectus for construction, alteration,
purchase or acquisition of a public building or the
lease of space as required by section 3307 of title 40,
United States Code.
(2) Survey investigation of a proposed project for
navigation, flood control, and other purposes by the
Corps of Engineers (section 4 of the Rivers and Harbors
Act of March 4, 1913, 33 U.S.C. 542).
(3) Construction of a water resources development
project by the Corps of Engineers with an estimated
Federal cost not exceeding $15,000,000 (section 201 of
the Flood Control Act of 1965).
(4) Deletion of water quality storage in a Federal
reservoir project where the benefits attributable to
water quality are 15 percent or more but not greater
than 25 percent of the total project benefits (section
65 of the Water Resources Development Act of 1974).
(5) Authorization of a Natural Resources Conservation
Service watershed project involving any single
structure of more than 4,000 acre feet of total
capacity (section 2 of P.L. 566, 83rd Congress).
(d) Quorum for Taking Testimony.--Two members of the
Committee or subcommittee shall constitute a quorum for the
purpose of taking testimony and receiving evidence.
(e) Record Votes.--A record vote may be demanded by one-
fifth of the members present.
(f) Postponement of Votes.--
(1) In General.--In accordance with clause 2(h)(4) of
rule XI of the Rules of the House, the Chairman of the
Committee or a subcommittee, after consultation with
the ranking minority member of the Committee or
subcommittee, may--
(A) postpone further proceedings when a
record vote is ordered on the question of
approving a measure or matter or on adopting an
amendment; and
(B) resume proceedings on a postponed
question at any time after reasonable notice.
(2) Resumption of Proceedings.--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 VI.--Hearing Procedures
(a) Announcement of Hearing.--The Chairman, in the case of
a hearing to be conducted by the Committee, and the appropriate
subcommittee chairman, in the case of a hearing to be conducted
by a subcommittee, shall make public announcement of the date,
place, and subject matter of such hearing at least one week
before the hearing. If the Chairman or the appropriate
subcommittee chairman, as the case may be, with the concurrence
of the ranking minority member of the Committee or subcommittee
as appropriate, determines there is good cause to begin the
hearing sooner, or if the Committee or subcommittee so
determines by majority vote, a quorum being present for the
transaction of business, the Chairman shall make the
announcement at the earliest possible date. The clerk of the
Committee shall promptly notify the Daily Digest Clerk of the
Congressional Record as soon as possible after such public
announcement is made.
(b) Written Statement; Oral Testimony.--So far as
practicable, each witness who is to appear before the Committee
or a subcommittee shall file with the clerk of the Committee or
subcommittee, at least 2 working days before the day of his or
her appearance, a written statement of proposed testimony and
shall limit his or her oral presentation to a summary of the
written statement.
(c) Minority Witnesses.--When any hearing is conducted by
the Committee or any subcommittee upon any measure or matter,
the minority party members on the Committee or subcommittee
shall be entitled, upon request to the Chairman by a majority
of those minority members before the completion of such
hearing, to call witnesses selected by the minority to testify
with respect to that measure or matter during at least one day
of hearing thereon.
(d) Summary of Subject Matter.--Upon announcement of a
hearing, to the extent practicable, the Committee shall make
available immediately to all members of the Committee a concise
summary of the subject matter (including legislative reports
and other material) under consideration. In addition, upon
announcement of a hearing and subsequently as they are
received, the Chairman shall make available to the members of
the Committee any official reports from departments and
agencies on such matter.
(e) Questioning of Witnesses.--The questioning of witnesses
in Committee and subcommittee hearings shall be initiated by
the Chairman, followed by the ranking minority member and all
other members alternating between the majority and minority
parties. In recognizing members to question witnesses in this
fashion, the Chairman shall take into consideration the ratio
of the majority to minority members present and shall establish
the order of recognition for questioning in such a manner as
not to disadvantage the members of the majority nor the members
of the minority. The Chairman may accomplish this by
recognizing two majority members for each minority member
recognized.
(f) Procedures for Questions.--
(1) In General.--A Committee member may question a
witness at a hearing--
(A) only when recognized by the Chairman for
that purpose; and
(B) subject to subparagraphs (2) and (3),
only for 5 minutes until such time as each
member of the Committee or subcommittee who so
desires has had an opportunity to question the
witness.
A member shall be limited in his or her remarks to the
subject matter under consideration. The Chairman shall
enforce this paragraph.
(2) Extended Questioning of Witnesses by Members.--
The Chairman of the Committee or a subcommittee, with
the concurrence of the ranking minority member, or the
Committee or subcommittee by motion, may permit a
specified number of its members to question a witness
for longer than 5 minutes. The time for extended
questioning of a witness under this subdivision shall
be equal for the majority party and minority party and
may not exceed one hour in the aggregate.
(3) Extended Questioning of Witnesses by Staff.--The
Chairman of the Committee or a subcommittee, with the
concurrence of the ranking minority member, or the
Committee or subcommittee by motion, may permit
committee staff for its majority and minority party
members to question a witness for equal specified
periods. The time for extended questioning of a witness
under this subdivision shall be equal for the majority
party and minority party and may not exceed one hour in
the aggregate.
(4) Right To Question Witnesses Following Extended
Questioning.--Nothing in subparagraph (2) or (3)
affects the right of a Member (other than a Member
designated under subparagraph (2)) to question a
witness for 5 minutes in accordance with subparagraph
(1)(B) after the questioning permitted under
subparagraph (2) or (3).
(g) Additional Hearing Procedures.--Clause 2(k) of rule XI
of the Rules of the House (relating to additional rules for
hearings) applies to hearings of the Committee and its
subcommittees.
Rule VII.--Procedures for Reporting Bills, Resolutions, and Reports
(a) Filing of Reports.--
(1) In General.--The Chairman of the Committee shall
report promptly to the House any measure or matter
approved by the Committee and take necessary steps to
bring the measure or matter to a vote.
(2) Requests for Reporting.--The report of the
Committee on a measure or matter which has been
approved by the Committee shall be filed within 7
calendar days (exclusive of days on which the House is
not in session) after the day on which there has been
filed with the clerk of the Committee a written
request, signed by a majority of the members of the
Committee, for the reporting of that measure or matter.
Upon the filing of any such request, the clerk of the
Committee shall transmit immediately to the Chairman of
the Committee notice of the filing of that request.
(b) Quorum; Record Votes.--
(1) Quorum.--No measure, matter, or recommendation
shall be reported from the Committee unless a majority
of the Committee was actually present.
(2) Record Votes.--With respect to each record vote
on a motion to report any measure or matter of a public
character, and on any amendment offered to the measure
or matter, the total number of votes cast for and
against, and the names of those members voting for and
against, shall be included in the Committee report on
the measure or matter.
(c) Required Matters.--The report of the Committee on a
measure or matter which has been approved by the Committee
shall include the items required to be included by clauses 2(c)
and 3 of rule XIII of the Rules of the House.
(d) Additional Views.--If, at the time of approval of any
measure or matter by the Committee, any member of the Committee
gives notice of intention to file supplemental, minority, or
additional views, that member shall be entitled to not less
than two additional calendar days after the day of such notice
(excluding Saturdays, Sundays, and legal holidays) in which to
file such views in accordance with clause 2(l) of rule XI of
the Rules of the House.
(e) Activities Report.--
(1) In General.--The Committee shall submit to the
House, not later than January 2 of each odd-numbered
year, a report on the activities of the Committee under
rules X and XI of the Rules of the House during the
Congress ending on January 3 of such year.
(2) Contents.--Such report shall include separate
sections summarizing the legislative and oversight
activities of the Committee during that Congress.
(3) Oversight Section.--The oversight section of such
report shall include a summary of the oversight plans
submitted by the Committee pursuant to clause 2(d) of
rule X of the Rules of the House, a summary of the
actions taken and recommendations made with respect to
each such plan, and a summary of any additional
oversight activities undertaken by the Committee, and
any recommendations made or actions taken thereon.
(f) Other Committee Materials.--
(1) In General.--All Committee and subcommittee
prints, reports, documents, or other materials, not
otherwise provided for under this rule, that purport to
express publicly the views of the Committee or any of
its subcommittees or members of the Committee or its
subcommittees shall be approved by the Committee or the
subcommittee prior to printing and distribution and any
member shall be given an opportunity to have views
included as part of such material prior to printing,
release, and distribution in accordance with paragraph
(d) of this rule.
(2) Documents Containing Views Other Than Member
Views.--A Committee or subcommittee document containing
views other than those of members of the Committee or
subcommittee shall not be published without approval of
the Committee or subcommittee.
(3) Disclaimer.--All Committee or subcommittee
reports printed pursuant to legislative study or
investigation and not approved by a majority vote of
the Committee or subcommittee, as appropriate, shall
contain the following disclaimer on the cover of such
report: ``This report has not been officially adopted
by the Committee on (or pertinent subcommittee thereof)
and may not therefore necessarily reflect the views of
its members.''.
(4) Compilations of Laws.--To the maximum extent
practicable, the Committee shall publish a compilation
of laws under the jurisdiction of each subcommittee.
(g) Availability of Publications.--Pursuant to clause
2(e)(4) of rule XI of the Rules of the House, the Committee
shall make its publications available in electronic form to the
maximum extent feasible.
Rule VIII.--Establishment of Subcommittees; Size and Party Ratios
(a) Establishment.--There shall be 6 standing
subcommittees. These subcommittees, with the following sizes
(including delegates) and majority/minority ratios, are:
(1) Subcommittee on Aviation (48 Members: 26 Majority
and 22 Minority).
(2) Subcommittee on Coast Guard and Maritime
Transportation (16 Members: 9 Majority and 7 Minority).
(3) Subcommittee on Economic Development, Public
Buildings, and Emergency Management (14 Members: 8
Majority and 6 Minority).
(4) Subcommittee on Highways and Transit (53 Members:
29 Majority and 24 Minority).
(5) Subcommittee on Railroads, Pipelines, and
Hazardous Materials (31 Members: 17 Majority and 14
Minority).
(6) Subcommittee on Water Resources and Environment
(40 Members: 22 Majority and 18 Minority).
(b) Ex Officio Members.--The Chairman and ranking minority
member of the Committee shall serve as ex officio voting
members on each subcommittee.
(c) Ratios.--On each subcommittee there shall be a ratio of
majority party members to minority party members which shall be
no less favorable to the majority party than the ratio for the
full Committee. In calculating the ratio of majority party
members to minority party members, there shall be included the
ex officio members of the subcommittees.
Rule IX.--Powers and Duties of Subcommittees
(a) Authority To Sit.--Each subcommittee is authorized to
meet, hold hearings, receive evidence, and report to the full
Committee on all matters referred to it or under its
jurisdiction. Subcommittee chairmen shall set dates for
hearings and meetings of their respective subcommittees after
consultation with the Chairman and other subcommittee chairmen
with a view toward avoiding simultaneous scheduling of full
Committee and subcommittee meetings or hearings whenever
possible.
(b) Consideration by Committee.--Each bill, resolution, or
other matter favorably reported by a subcommittee shall
automatically be placed upon the agenda of the Committee. Any
such matter reported by a subcommittee shall not be considered
by the Committee unless it has been delivered to the offices of
all members of the Committee at least 48 hours before the
meeting, unless the Chairman determines that the matter is of
such urgency that it should be given early consideration. Where
practicable, such matters shall be accompanied by a comparison
with present law and a section-by-section analysis.
Rule X.--Referral of Legislation to Subcommittees
(a) General Requirement.--Except where the Chairman of the
Committee determines, in consultation with the majority members
of the Committee, that consideration is to be by the full
Committee, each bill, resolution, investigation, or other
matter which relates to a subject listed under the jurisdiction
of any subcommittee established in Committee rule VIII referred
to or initiated by the full Committee shall be referred by the
Chairman to all subcommittees of appropriate jurisdiction
within two weeks. All bills shall be referred to the
subcommittee of proper jurisdiction without regard to whether
the author is or is not a member of the subcommittee.
(b) Recall From Subcommittee.--A bill, resolution, or other
matter referred to a subcommittee in accordance with this rule
may be recalled therefrom at any time by a vote of a majority
of the members of the Committee voting, a quorum being present,
for the Committee's direct consideration or for reference to
another subcommittee.
(c) Multiple Referrals.--In carrying out this rule with
respect to any matter, the Chairman may refer the matter
simultaneously to two or more subcommittees for concurrent
consideration or for consideration in sequence (subject to
appropriate time limitations in the case of any subcommittee
after the first), or divide the matter into two or more parts
(reflecting different subjects and jurisdictions) and refer
each such part to a different subcommittee, or make such other
provisions as he or she considers appropriate.
Rule XI.--Recommendation of Conferees
The Chairman of the Committee shall recommend to the
Speaker as conferees the names of those members (1) of the
majority party selected by the Chairman, and (2) of the
minority party selected by the ranking minority member of the
Committee. Recommendations of conferees to the Speaker shall
provide a ratio of majority party members to minority party
members which shall be no less favorable to the majority party
than the ratio for the Committee.
Rule XII.--Oversight
(a) Purpose.--The Committee shall carry out oversight
responsibilities as provided in this rule in order to assist
the House in--
(1) its analysis, appraisal, and evaluation of--
(A) the application, administration,
execution, and effectiveness of the laws
enacted by the Congress; or
(B) conditions and circumstances which may
indicate the necessity or desirability of
enacting new or additional legislation; and
(2) its formulation, consideration, and enactment of
such modifications or changes in those laws, and of
such additional legislation, as may be necessary or
appropriate.
(b) Oversight Plan.--Not later than February 15 of the
first session of each Congress, the Committee shall adopt its
oversight plans for that Congress in accordance with clause
2(d)(1) of rule X of the Rules of the House.
(c) Review of Laws and Programs.--The Committee and the
appropriate subcommittees shall cooperatively review and study,
on a continuing basis, the application, administration,
execution, and effectiveness of those laws, or parts of laws,
the subject matter of which is within the jurisdiction of the
Committee, and the organization and operation of the Federal
agencies and entities having responsibilities in or for the
administration and execution thereof, in order to determine
whether such laws and the programs thereunder are being
implemented and carried out in accordance with the intent of
the Congress and whether such programs should be continued,
curtailed, or eliminated. In addition, the Committee and the
appropriate subcommittees shall cooperatively review and study
any conditions or circumstances which may indicate the
necessity or desirability of enacting new or additional
legislation within the jurisdiction of the Committee (whether
or not any bill or resolution has been introduced with respect
thereto), and shall on a continuing basis undertake future
research and forecasting on matters within the jurisdiction of
the Committee.
(d) Review of Tax Policies.--The Committee and the
appropriate subcommittees shall cooperatively review and study
on a continuing basis the impact or probable impact of tax
policies affecting subjects within the jurisdiction of the
Committee.
Rule XIII.--Review of Continuing Programs; Budget Act Provisions
(a) Ensuring Annual Appropriations.--The Committee shall,
in its consideration of all bills and joint resolutions of a
public character within its jurisdiction, ensure that
appropriations for continuing programs and activities of the
Federal Government and the District of Columbia government will
be made annually to the maximum extent feasible and consistent
with the nature, requirements, and objectives of the programs
and activities involved.
(b) Review of Multi-Year Appropriations.--The Committee
shall review, from time to time, each continuing program within
its jurisdiction for which appropriations are not made annually
in order to ascertain whether such program could be modified so
that appropriations therefore would be made annually.
(c) Views and Estimates.--In accordance with clause 4(f)(1)
of rule X of the Rules of the House, the Committee shall submit
to the Committee on the Budget--
(1) its views and estimates with respect to all
matters to be set forth in the concurrent resolution on
the budget for the ensuing fiscal year which are within
its jurisdiction or functions; and
(2) an estimate of the total amount of new budget
authority, and budget outlays resulting therefrom, to
be provided or authorized in all bills and resolutions
within its jurisdiction which it intends to be
effective during that fiscal year.
(d) Budget Allocations.--As soon as practicable after a
concurrent resolution on the budget for any fiscal year is
agreed to, the Committee (after consulting with the appropriate
committee or committees of the Senate) shall subdivide any
allocations made to it in the joint explanatory statement
accompanying the conference report on such resolution, and
promptly report such subdivisions to the House, in the manner
provided by section 302 of the Congressional Budget Act of
1974.
(e) Reconciliation.--Whenever the Committee is directed in
a concurrent resolution on the budget to determine and
recommend changes in laws, bills, or resolutions under the
reconciliation process, it shall promptly make such
determination and recommendations, and report a reconciliation
bill or resolution (or both) to the House or submit such
recommendations to the Committee on the Budget, in accordance
with the Congressional Budget Act of 1974.
Rule XIV.--Records
(a) Keeping of Records.--The Committee shall keep a
complete record of all Committee action which shall include--
(1) in the case of any meeting or hearing transcripts, a
substantially verbatim account of remarks actually made during
the proceedings, subject only to technical, grammatical, and
typographical corrections authorized by the person making the
remarks involved; and (2) a record of the votes on any question
on which a record vote is demanded.
(b) Public Inspection.--The result of each such record vote
shall be made available by the Committee for inspection by the
public at reasonable times in the offices of the Committee.
Information so available for public inspection shall include a
description of the amendment, motion, order, or other
proposition and the name of each member voting for and each
member voting against such amendment, motion, order, or
proposition, and the names of those members present but not
voting.
(c) Property of The House.--All Committee hearings,
records, data, charts, and files shall be kept separate and
distinct from the congressional office records of the member
serving as Chairman of the Committee; and such records shall be
the property of the House and all members of the House shall
have access thereto.
(d) Availability of Archived Records.--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. The Chairman shall notify the
ranking minority member of the Committee of any decision,
pursuant to clause 3(b)(3) or clause 4(b) of such rule, to
withhold a record otherwise available, and the matter shall be
presented to the Committee for a determination on written
request of any member of the Committee.
(e) Authority To Print.--The Committee is authorized to
have printed and bound testimony and other data presented at
hearings held by the Committee. All costs of stenographic
services and transcripts in connection with any meeting or
hearing of the Committee shall be paid as provided in clause
1(c) of rule XI of the House.
Rule XV.--Committee Budgets
(a) Biennial Budget.--The Chairman, in consultation with
the chairman of each subcommittee, the majority members of the
Committee, and the minority members of the Committee, shall,
for each Congress, prepare a consolidated Committee budget.
Such budget shall include necessary amounts for staff
personnel, necessary travel, investigation, and other expenses
of the Committee.
(b) Additional Expenses.--Authorization for the payment of
additional or unforeseen Committee expenses may be procured by
one or more additional expense resolutions processed in the
same manner as set out herein.
(c) Travel Requests.--The Chairman or any chairman of a
subcommittee may initiate necessary travel requests as provided
in Committee rule XVII within the limits of the consolidated
budget as approved by the House and the Chairman may execute
necessary vouchers thereof.
(d) Monthly Reports.--Once monthly, the Chairman shall
submit to the Committee on House Administration, in writing, a
full and detailed accounting of all expenditures made during
the period since the last such accounting from the amount
budgeted to the Committee. Such report shall show the amount
and purpose of such expenditure and the budget to which such
expenditure is attributed. A copy of such monthly report shall
be available in the Committee office for review by members of
the Committee.
Rule XVI.--Committee Staff
(a) Appointment by Chairman.--The Chairman shall appoint
and determine the remuneration of, and may remove, the
employees of the Committee not assigned to the minority. The
staff of the Committee not assigned to the minority shall be
under the general supervision and direction of the Chairman,
who shall establish and assign the duties and responsibilities
of such staff members and delegate such authority as he or she
determines appropriate.
(b) Appointment by Ranking Minority Member.--The ranking
minority member of the Committee shall appoint and determine
the remuneration of, and may remove, the staff assigned to the
minority within the budget approved for such purposes. The
staff assigned to the minority shall be under the general
supervision and direction of the ranking minority member of the
Committee who may delegate such authority as he or she
determines appropriate.
(c) Intention Regarding Staff.--It is intended that the
skills and experience of all members of the Committee staff
shall be available to all members of the Committee.
Rule XVII.--Travel of Members and Staff
(a) Approval.--Consistent with the primary expense
resolution and such additional expense resolutions as may have
been approved, the provisions of this rule shall govern travel
of Committee members and staff. Travel to be reimbursed from
funds set aside for the Committee for any member or any staff
member shall be paid only upon the prior authorization of the
Chairman. Travel shall be authorized by the Chairman for any
member and any staff member in connection with the attendance
of hearings conducted by the Committee or any subcommittee and
meetings, conferences, and investigations which involve
activities or subject matter under 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 travel.
(2) The dates during which the travel is to be made
and the date or dates of the event for which the travel
is being made.
(3) The location of the event for which the travel is
to be made.
(4) The names of members and staff seeking
authorization.
(b) Subcommittee Travel.--In the case of travel of members
and staff of a subcommittee to hearings, meetings, conferences,
and investigations involving activities or subject matter under
the legislative assignment of such subcommittee, prior
authorization must be obtained from the subcommittee chairman
and the Chairman. Such prior authorization shall be given by
the Chairman only upon the representation by the chairman of
such subcommittee in writing setting forth those items
enumerated in subparagraphs (1), (2), (3), and (4) of paragraph
(a) and that there has been a compliance where applicable with
Committee rule VI.
(c) Travel Outside the United States.--
(1) In General.--In the case of travel outside the
United States of members and staff of the Committee or
of a subcommittee for the purpose of conducting
hearings, investigations, studies, or attending
meetings and conferences involving activities or
subject matter under the legislative assignment of the
Committee or pertinent subcommittee, prior
authorization must be obtained from the Chairman, or,
in the case of a subcommittee from the subcommittee
chairman and the Chairman. Before such authorization is
given there shall be submitted to the Chairman, in
writing, a request for such authorization. Each
request, which shall be filed in a manner that allows
for a reasonable period of time for review before such
travel is scheduled to begin, shall include the
following:
(A) The purpose of the travel.
(B) The dates during which the travel will
occur.
(C) The names of the countries to be visited
and the length of time to be spent in each.
(D) An agenda of anticipated activities for
each country for which travel is authorized
together with a description of the purpose to
be served and the areas of Committee
jurisdiction involved.
(E) The names of members and staff for whom
authorization is sought.
(2) Initiation of Requests.--Requests for travel
outside the United States may be initiated by the
Chairman or the chairman of a subcommittee (except that
individuals may submit a request to the Chairman for
the purpose of attending a conference or meeting) and
shall be limited to members and permanent employees of
the Committee.
(3) Reports by Staff Members.--At the conclusion of
any hearing, investigation, study, meeting, or
conference for which travel has been authorized
pursuant to this rule, each staff member involved in
such travel shall submit a written report to the
Chairman covering the activities and other pertinent
observations or information gained as a result of such
travel.
(d) Applicability of Laws, Rules, Policies.--Members and
staff of the Committee performing authorized travel on official
business shall be governed by applicable laws, resolutions, or
regulations of the House and of the Committee on House
Administration pertaining to such travel, and by the travel
policy of the Committee.
Committee on Veterans' Affairs
BOB FILNER, California, Chairman
STEVE BUYER, Indiana, Ranking Member CORRINE BROWN, Florida
CLIFF STEARNS, Florida VIC SNYDER, Arkansas
JERRY MORAN, Kansas MICHAEL H. MICHAUD, Maine
RICHARD H. BAKER, Louisiana STEPHANIE HERSETH SANDLIN, South
HENRY E. BROWN, Jr., South Carolina Dakota
JEFF MILLER, Florida HARRY E. MITCHELL, Arizona
JOHN BOOZMAN, Arkansas JOHN J. HALL, New York
GINNY BROWN-WAITE, Florida PHIL HARE, Illinois
MICHAEL R. TURNER, Ohio MICHAEL F. DOYLE, Pennsylvania
BRIAN P. BILBRAY, California SHELLEY BERKLEY, Nevada
DOUG LAMBORN, Colorado JOHN T. SALAZAR, Colorado
GUS M. BILIRAKIS, Florida CIRO D. RODRIGUEZ, Texas
VERN BUCHANAN, Florida* JOE DONNELLY, Indiana
JERRY McNERNEY, California
ZACHARY T. SPACE, Ohio
TIMOTHY J. WALZ, Minnesota
----------
*Appointed to the Veterans' Affairs Committee on March 12, 2007,
filling a vacancy created by the resignation of Rep. Dan Burton
effective that same day.
(Adopted January 30, 2007)
Rule 1.--General Provisions
(a) Applicability of House Rules.--The Rules of the House
are the rules of the Committee on Veterans' Affairs 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, are non-debatable privileged motions in
Committees and subcommittees.
(b) Subcommittees.--Each subcommittee of the Committee is a
part of the Committee and is subject to the authority and
direction of the Committee and to its rules so far as
applicable.
(c) Incorporation of House Rule on Committee Procedure.--
Rule XI of the Rules of the House, which pertains entirely to
Committee procedure, is incorporated and made part of the rules
of the Committee to the extent applicable. Pursuant to clause
2(a)(3) of rule XI of the Rules of the House, the Chairman of
the full Committee is directed to offer a motion under clause 1
of rule XXII of the Rules of the House whenever the Chairman
considers it appropriate.
(d) Vice Chairman.--Pursuant to clause 2(d) of rule XI of
the Rules of the House, the Chairman of the full Committee
shall designate the Vice Chairman of the Committee and a Vice
Chairman of each subcommittee established under rule 5(a)(1).
Rule 2.--Regular and Additional Meetings
(a) Regular Meetings.--The regular meeting day for the
Committee shall be at 10 a.m. on the second Wednesday of each
month in such place as the Chairman may designate. However, the
Chairman may dispense with a regular Wednesday meeting of the
Committee.
(b) Additional Meetings.--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 for such
purpose pursuant to the call of the Chairman.
(c) Notice.--The Chairman shall notify each member of the
Committee of the agenda of each regular and additional meeting
of the Committee at least 24 hours before the time of the
meeting, except under circumstances the Chairman determines to
be of an emergency nature. Under such circumstances, the
Chairman shall make an effort to consult the ranking minority
member, or in such member's absence, the next ranking minority
party member of the Committee.
Rule 3.--Meetings and Hearings Generally
(a) Open Meetings and Hearings.--Meetings and hearings of
the Committee and each of its subcommittees shall be open to
the public unless closed in accordance with clause 2(g) of rule
XI of the Rules of the House.
(b) Announcement of Hearing.--The Chairman, in the case of
a hearing to be conducted by the Committee, and the
subcommittee Chairman, in the case of a hearing to be conducted
by a subcommittee, shall make public announcement of the date,
place, and subject matter of any hearing to be conducted on any
measure or matter at least one week before the commencement of
that hearing unless the Committee or the subcommittee
determines that there is good cause to begin the hearing at an
earlier date. In the latter event, the Chairman or the
subcommittee Chairman, as the case may be, shall consult with
the ranking minority member and make such public announcement
at the earliest possible date. The clerk of the Committee shall
promptly notify the Daily Clerk of the Congressional Record and
the Committee scheduling service of the House Information
Resources as soon as possible after such public announcement is
made.
(c) Wireless Telephone Use Prohibited.--No person may use a
wireless telephone during a Committee or subcommittee meeting
or hearing.
(d) Media Coverage.--Any meeting of the Committee or its
subcommittees that is open to the public shall be open to
coverage by radio, television, and still photography in
accordance with the provisions of clause 4 of rule XI of the
Rules of the House.
(e) Requirements for Testimony.--
(1) Each witness who is to appear before the
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 his or her
proposed testimony. Each witness shall, to the greatest
extent practicable, also provide a copy of such written
testimony in an electronic format prescribed by the
Chairman. Each witness shall limit any oral
presentation to a summary of the written statement.
(2) Pursuant to clause 4 of rule XI of the Rules of
the House, in the case of a witness appearing in a non-
governmental capacity a written statement of proposed
testimony shall include a curriculum vitae and a
disclosure of the amount and source (by agency and
program) of any Federal grant (or subgrant thereof) or
contract (or subcontract thereof) received during the
current fiscal year or either of the two preceding
fiscal years by the witness or by an entity represented
by the witness.
(f) Calling and Questioning Witnesses.--
(1) Committee and subcommittee members may question
witnesses only when they have been recognized by the
Chairman of the Committee or subcommittee for that
purpose, and only for a 5-minute period until all
members present have had an opportunity to question a
witness. The 5-minute period for questioning a witness
by any one member may be extended only with the
unanimous consent of all members present. The
questioning of witnesses in both Committee and
subcommittee hearings shall be initiated by the
Chairman, followed by the ranking minority party member
and all other members alternating between the majority
and minority. Except as otherwise announced by the
Chairman at the beginning of a hearing, members who are
present at the start of the hearing will be recognized
before other members who arrive after the hearing has
begun. In recognizing members to question witnesses in
this fashion, the Chairman shall take into
consideration the ratio of the majority to minority
members present and shall establish the order of
recognition for questioning in such a manner as not to
disadvantage the members of the majority.
(2) Notwithstanding the provisions of paragraph (1)
regarding the 5-minute rule, the Chairman after
consultation with the ranking minority member may
designate an equal number of members of the Committee
or subcommittee majority and minority party to question
a witness for a period not longer than 30 minutes. In
no event shall the Chairman allow a member to question
a witness for an extended period under this rule until
all members present have had the opportunity to ask
questions under the 5-minute rule. The Chairman after
consultation with the ranking minority member may
permit Committee staff for its majority and minority
party members to question a witness for equal specified
periods of time.
(3) When a hearing is conducted by the Committee or a
subcommittee on any measure or matter, the minority
party members on the Committee shall be entitled, upon
request to the Chairman of a majority of those minority
members before the completion of the hearing, to call
witnesses selected by the minority to testify with
respect to that measure or matter during at least one
day of the hearing thereon.
(g) Subpoenas.--Pursuant to clause 2(m) of rule XI of the
Rules of the House, a subpoena may be authorized and issued by
the Committee or a subcommittee in the conduct of any
investigation or series of investigations or activities, only
when authorized by a majority of the members voting, a majority
being present.
Rule 4.--Quorum and Record Votes; Postponement of Proceedings
(a) Working Quorum.--A majority of the members of the
Committee shall constitute a quorum for business and a majority
of the members of any subcommittee shall constitute a quorum
thereof for business, except that two members shall constitute
a quorum for the purpose of taking testimony and receiving
evidence.
(b) Quorum for Reporting.--No measure or recommendation
shall be reported to the House of Representatives unless a
majority of the Committee was actually present.
(c) Record Votes.--A record vote may be demanded by one-
fifth of the members present or, in the apparent absence of a
quorum, by any one member. With respect to any record vote on
any motion to amend or report, the total number of votes cast
for and against, and the names of those members voting for and
against, shall be included in the report of the Committee on
the bill or resolution.
(d) Prohibition Against Proxy Voting.--No vote by any
member of the Committee or a subcommittee with respect to any
measure or matter may be cast by proxy.
(e) Postponing Proceedings.--Committee and subcommittee
chairmen may postpone further proceedings when a record vote is
ordered on the question of approving a measure or matter or on
adopting an amendment, and may resume proceedings within two
legislative days on a postponed question after reasonable
notice. 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 5.--Subcommittees
(a) Establishment and Jurisdiction.--
(1) There shall be four subcommittees of the
Committee as follows:
(A) Subcommittee on Disability Assistance and
Memorial Affairs, which shall have legislative,
oversight and investigative jurisdiction over
compensation; general and special pensions of
all the wars of the United States; life
insurance issued by the Government on account
of service in the Armed Forces; cemeteries of
the United States in which veterans of any war
or conflict are or may be buried, whether in
the United States or abroad, except cemeteries
administered by the Secretary of the Interior;
burial benefits; the Board of Veterans'
Appeals; and the United States Court of Appeals
for Veterans' Claims.
(B) Subcommittee on Economic Opportunity,
which shall have legislative, oversight and
investigative jurisdiction over education of
veterans, employment and training of veterans,
vocational rehabilitation, veterans' housing
programs, readjustment of servicemembers to
civilian life, and servicemembers civil relief.
(C) Subcommittee on Health, which shall have
legislative, oversight and investigative
jurisdiction over veterans' hospitals, medical
care, and treatment of veterans.
(D) Subcommittee on Oversight and
Investigations, which shall have oversight and
investigative jurisdiction over veterans'
matters generally, and over such matters as may
be referred to the subcommittee by the Chairman
of the full Committee for its oversight or
investigation and for its appropriate
recommendations. The subcommittee shall only
have legislative jurisdiction over such bills
or resolutions as may be referred to it by the
Chairman of the full Committee.
(2) Each subcommittee shall have responsibility for
such other measures or matters as the Chairman refers
to it.
(b) Vacancies.--Any vacancy in the membership of a
subcommittee shall not affect the power of the remaining
members to execute the functions of that subcommittee.
(c) Ratios.--On each subcommittee, there shall be a ratio
of majority party members to minority party members which shall
be consistent with the ratio on the full Committee.
(d) Referral to Subcommittees.--The Chairman of the
Committee may refer a measure or matter, which is within the
general responsibility of more than one of the subcommittees of
the Committee, as the Chairman deems appropriate. In referring
any measure or matter to a subcommittee, the Chairman of the
Committee may specify a date by which the subcommittee shall
report thereon to the Committee.
(e) Powers and Duties.--
(1) Each subcommittee is authorized to meet, hold
hearings, receive evidence, and report to the full
Committee on all matters referred to it or under its
jurisdiction. Subcommittee chairmen shall set dates for
hearings and meetings of their respective subcommittees
after consultation with the Chairman of the Committee
and other subcommittee chairmen with a view toward
avoiding simultaneous scheduling of Committee and
subcommittee meetings or hearings whenever possible.
(2) Whenever a subcommittee has ordered a bill,
resolution, or other matter to be reported to the
Committee, the Chairman of the subcommittee reporting
the bill, resolution, or matter to the full Committee,
or any member authorized by the subcommittee to do so
shall notify the Chairman and the ranking minority
party member of the Committee of the Subcommittee's
action.
(3) A member of the Committee who is not a member of
a particular subcommittee may sit with the subcommittee
during any of its meetings and hearings, but shall not
have authority to vote, cannot be counted for a quorum,
and cannot raise a point of order at the meeting or
hearing.
(4) Each subcommittee shall provide the Committee
with copies of such record votes taken in subcommittee
and such other records with respect to the subcommittee
as the Chairman of the Committee deems necessary for
the Committee to comply with all rules and regulations
of the House.
Rule 6.--General Oversight Responsibility
(a) Purpose.--Pursuant to clause 2 of rule X of the Rules
of the House, the Committee shall carry out oversight
responsibilities. In order to assist the House in--
(1) Its analysis, appraisal, evaluation of--
(A) The application, administration,
execution, and effectiveness of the laws
enacted by the Congress, or
(B) Conditions and circumstances which may
indicate the necessity or desirability of
enacting new or additional legislation, and
(2) Its formulation, consideration and enactment of
such modifications or changes in those laws, and of
such additional legislation, as may be necessary or
appropriate, the Committee and its various
subcommittees, consistent with their jurisdiction as
set forth in rule 5, shall have oversight
responsibilities as provided in subsection (b).
(b) Review of Laws and Programs.--The Committee and its
subcommittees shall review and study, on a continuing basis,
the applications, administration, execution, and effectiveness
of those laws, or parts of laws, the subject matter of which is
within the jurisdiction of the Committee or subcommittee, and
the organization and operation of the Federal agencies and
entities having responsibilities in or for the administration
and execution thereof, in order to determine whether such laws
and the programs thereunder are being implemented and carried
out in accordance with the intent of the Congress and whether
such programs should be continued, curtailed, or eliminated. In
addition, the Committee and its subcommittees shall review and
study any conditions or circumstances which may indicate the
necessity or desirability of enacting new or additional
legislation within the jurisdiction of the Committee or
subcommittee (whether or not any bill or resolution has been
introduced with respect thereto), and shall on a continuing
basis undertake future research and forecasting on matters
within the jurisdiction of the Committee or subcommittee.
(c) Oversight Plan.--Not later than February 15 of the
first session of a Congress, the Committee shall meet in open
session, with a quorum present, to adopt its oversight plans
for that Congress for submission to the Committee on House
Administration and the Committee on Oversight and Government
Reform, in accordance with the provisions of clause 2(d) of
rule X of the Rules of the House.
(d) Oversight by Subcommittees.--The existence and
activities of the Subcommittee on Oversight and Investigations
shall in no way limit the responsibility of the other
subcommittees of the Committee on Veterans' Affairs for
carrying out oversight duties.
Rule 7.--Budget Act Responsibilities
(a) Budget Act Responsibilities.--Pursuant to clause
4(f)(1) of rule X of the Rules of the House, the Committee
shall submit to the Committee on the Budget not later than six
weeks after the President submits his budget, or at such time
as the Committee on the Budget may request--
(1) Its views and estimates with respect to all
matters to be set forth in the concurrent resolution on
the budget for the ensuing fiscal year that are within
its jurisdiction or functions; and
(2) An estimate of the total amounts of new budget
authority, and budget outlays resulting therefrom, to
be provided or authorized in all bills and resolutions
within its jurisdiction that it intends to be effective
during that fiscal year.
Rule 8.--Records and Other Matters
(a) Transcripts.--There shall be a transcript made of each
regular and additional meeting and hearing of the Committee and
its subcommittees. Any such transcript shall be a substantially
verbatim account of remarks actually made during the
proceedings, subject only to technical, grammatical, and
typographical corrections authorized by the person making the
remarks involved.
(b) Records.--
(1) The Committee shall keep a record of all actions
of the Committee and each of its subcommittees. The
record shall contain all information required by clause
2(e)(1) of rule XI of the Rules of the House and shall
be available for public inspection at reasonable times
in the offices of the Committee.
(2) There shall be kept in writing a record of the
proceedings of the Committee and each of its
subcommittees, including a record of the votes on any
question on which a recorded vote is demanded. The
result of each such record vote shall be made available
by the Committee for inspection by the public at
reasonable times in the offices of the Committee.
Information so available for public inspection shall
include a description of the amendment, motion, order
or other proposition and the name of each member voting
for and each member voting against such amendment,
motion, order, or proposition, and the names of those
members present but not voting.
(c) Availability of Archived Records.--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. The Chairman shall notify the
ranking minority member of any decision, pursuant to clause 3
or clause 4 of rule VII of the Rules of the House, to withhold
a record otherwise available, and the matter shall be presented
to the Committee for a determination on written request of any
member of the Committee.
(d) Availability of Publications.--Pursuant to clause
2(e)(4) of rule XI of the Rules of the House, the Committee
shall make its publications available in electronic form to the
maximum extent feasible.
Committee on Ways and Means
CHARLES B. RANGEL, New York,
Chairman
JIM McCRERY, Louisiana, FORTNEY PETE STARK, California
Ranking Member SANDER M. LEVIN, Michigan
WALLY HERGER, California JIM McDERMOTT, Washington
DAVE CAMP, Michigan JOHN LEWIS, Georgia
JIM RAMSTAD, Minnesota RICHARD E. NEAL, Massachusetts
SAM JOHNSON, Texas MICHAEL R. McNULTY, New York
PHIL ENGLISH, Pennsylvania JOHN S. TANNER, Tennessee
JERRY WELLER, Illinois XAVIER BECERRA, California
KENNY C. HULSHOF, Missouri LLOYD DOGGETT, Texas
RON LEWIS, Kentucky EARL POMEROY, North Dakota
KEVIN BRADY, Texas STEPHANIE TUBBS JONES, Ohio
THOMAS M. REYNOLDS, New York MIKE THOMPSON, California
PAUL RYAN, Wisconsin JOHN B. LARSON, Connecticut
ERIC CANTOR, Virginia RAHM EMANUEL, Illinois
JOHN LINDER, Georgia EARL BLUMENAUER, Oregon
DEVIN NUNES, California RON KIND, Wisconsin
PATRICK J. TIBERI, Ohio BILL PASCRELL, Jr., New Jersey
JON C. PORTER, Nevada SHELLEY BERKLEY, Nevada
JOSEPH CROWLEY, New York
CHRIS VAN HOLLEN, Maryland
KENDRICK B. MEEK, Florida
ALLYSON Y. SCHWARTZ, Pennsylvania
ARTUR DAVIS, Alabama
(Adopted January 17, 2007)
PART I.--RULES OF THE COMMITTEE ON WAYS AND MEANS FOR THE 110TH
CONGRESS
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 Web Site
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 Income Security and Family Support; and a
Subcommittee on Select Revenue Measures. The ratio of Democrats
to Republicans on any Subcommittee of the Committee shall be
consistent with the ratio of Democrats to Republicans on the
full Committee.
1. The Subcommittee on Trade shall consist of 15 Members, 9
of whom shall be Democrats and 6 of whom shall be Republicans.
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 13
Members, 8 of whom shall be Democrats and 5 of whom shall be
Republicans.
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 13 Members,
8 of whom shall be Democrats and 5 of whom shall be
Republicans.
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 13
Members, 8 of whom shall be Democrats and 5 of whom shall be
Republicans.
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 Income Security and Family Support
shall consist of 13 Members, 8 of whom shall be Democrats and 5
of whom shall be Republicans.
The jurisdiction of the Subcommittee on Income Security and
Family Support 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 Income Security and Family Support 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 Income Security and
Family Support 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 Income Security and Family Support 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 13 Members, 8 of whom shall be Democrats and 5 of
whom shall be Republicans.
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
testimony 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.
=======================================================================
PART II--PERMANENT SELECT COMMITTEE OF THE HOUSE
=======================================================================
Permanent Select Committee on Intelligence
SILVESTRE REYES, Texas, Chairman
PETER HOEKSTRA, Michigan, ALCEE L. HASTINGS, Florida,
Ranking Member Vice Chairman
TERRY EVERETT, Alabama LEONARD L. BOSWELL, Iowa
ELTON GALLEGLY, California* ROBERT E. ``BUD'' CRAMER, Jr.,
HEATHER WILSON, New Mexico Alabama
MAC THORNBERRY, Texas ANNA G. ESHOO, California
JOHN M. MCHUGH, New York RUSH D. HOLT, New Jersey
TODD TIAHRT, Kansas C.A. DUTCH RUPPERSBERGER, Maryland
MIKE ROGERS, Michigan JOHN F. TIERNEY, Massachusetts
DARRELL E. ISSA, California MIKE THOMPSON, California
JANICE D. SCHAKOWSKY, Illinois
JAMES R. LANGEVIN, Rhode Island
PATRICK J. MURPHY, Pennsylvania
----------
*Appointed to the Intelligence Committee on May 22, 2007, filling a
vacancy created by the April 23, 2007 resignation of Rep. Rick Renzi.
(Adopted January 18, 2007)
Rule 1.--Meeting Day
Regular Meeting Day for the Full Committee. The regular
meeting day of the Committee for the transaction of Committee
business shall be the first Wednesday of each month, unless
otherwise directed by the Chairman.
Rule 2.--Notice for Meetings
(a) Generally.--In the case of any meeting of the
Committee, the Chief Clerk of the Committee shall provide
reasonable notice to every Member of the Committee. Such notice
shall provide the time and place of the meeting.
(b) Definition.--For purposes of this rule, ``reasonable
notice'' means:
(1) Written notification;
(2) Delivered by facsimile transmission, regular
mail, or electronic mail that is
(A) Delivered no less than 24 hours prior to
the event for which notice is being given, if
the event is to be held in Washington, D.C.; or
(B) Delivered no less than 48 hours prior to
the event for which notice is being given, if
the event is to be held outside Washington,
D.C.
(c) Exception.--In extraordinary circumstances only, the
Chairman may, after consulting with the Ranking Minority
Member, call a meeting of the Committee without providing
notice, as defined in subparagraph (b), to Members of the
Committee.
Rule 3.--Preparations for Committee Meetings
(a) Generally.--Designated Committee Staff, as directed by
the Chairman, shall brief Members of the Committee at a time
sufficiently prior to any Committee meeting in order to:
(1) Assist Committee Members in preparation for such
meeting; and
(2) Determine which matters Members wish considered
during any meeting.
(b) Briefing Materials.--(1) Such a briefing shall, at the
request of a Member, include a list of all pertinent papers,
and such other materials, that have been obtained by the
Committee that bear on matters to be considered at the meeting;
and
(2) The Staff Director shall also recommend to the Chairman
any testimony, papers, or other materials to be presented to
the Committee at the meeting of the Committee.
Rule 4.--Open Meetings
(a) Generally.--Pursuant to rule XI of the House, but
subject to the limitations of subsections (b) and (c),
Committee meetings held for the transaction of business and
Committee hearings shall be open to the public.
(b) Meetings.--Any meeting or portion thereof, for the
transaction of business, including the markup of legislation,
or any hearing or portion thereof, shall be closed to the
public, if the Committee determines by record vote in open
session, with a majority of the Committee present, that
disclosure of the matters to be discussed may:
(1) Endanger national security;
(2) Compromise sensitive law enforcement information;
(3) Tend to defame, degrade, or incriminate any
person; or
(4) Otherwise violate any law or Rule of the House.
(c) Hearings.--The Committee may vote to close a Committee
hearing pursuant to House rule X clause 11(d)(2), regardless of
whether a majority is present, so long as at least two Members
of the Committee are present, one of whom is a member of the
Minority and votes upon the motion.
(d) Briefings.--The Committee briefings shall be closed to
the public.
Rule 5.--Quorum
(a) Hearings.--For purposes of taking testimony, or
receiving evidence, a quorum shall consist of two Committee
Members, at least one of whom is a member of the Majority.
(b) Other Committee Proceedings.--For purposes of the
transaction of all other Committee business, other than the
consideration of a motion to close a hearing as described in
rule 4(c), a quorum shall consist of a majority of Members.
Rule 6.--Procedures for Amendments and Votes
(a) Amendments.--When a bill or resolution is being
considered by the Committee, Members shall provide the Chief
Clerk in a timely manner with a sufficient number of written
copies of any amendment offered, so as to enable each Member
present to receive a copy thereof prior to taking action. A
point of order may be made against any amendment not reduced to
writing. A copy of each such amendment shall be maintained in
the public records of the Committee.
(b) Reporting Recorded Votes.--Whenever the Committee
reports any measure or matter by record vote, the report of the
Committee upon such measure or matter shall include a
tabulation of the votes cast in favor of, and the votes cast in
opposition to, such measure or matter.
(c) Postponement of Further Proceedings.--In accordance
with clause 2(h) of House rule XI, the Chairman is authorized
to postpone further proceedings when a record vote is ordered
on the question of approving a measure or matter or adopting an
amendment. The Chairman may resume proceedings on a postponed
request at any time after reasonable notice. 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 7.--Subcommittees
(a) Generally.--
(1) Creation of subcommittees shall be by majority
vote of the Committee.
(2) Subcommittees shall deal with such legislation
and oversight of programs and policies as the Committee
may direct.
(3) Subcommittees shall be governed by these rules.
(4) For purposes of these rules, any reference herein
to the ``Committee'' shall be interpreted to include
subcommittees, unless otherwise specifically provided.
(b) Establishment of Subcommittees.--The Committee
establishes the following subcommittees:
(1) Subcommittee on Terrorism, Human Intelligence,
Analysis, and Counterintelligence;
(2) Subcommittee on Technical and Tactical
Intelligence;
(3) Subcommittee on Oversight and Investigations;
and,
(4) Subcommittee on Intelligence Community
Management.
(c) Subcommittee Membership.--
(1) Generally.--Each Member of the Committee may be
assigned to at least one of the four subcommittees.
(2) Ex Officio Membership.--In the event that the
Chairman and Ranking Minority Member of the full
Committee do not choose to sit as regular voting
members of one or more of the subcommittees, each is
authorized to sit as an ex officio member of the
subcommittees and participate in the work of the
subcommittees. When sitting ex officio, however, they:
(A) Shall not have a vote in the
subcommittee; and
(B) Shall not be counted for purposes of
determining a quorum.
(d) Regular Meeting Day for Subcommittees.--There is no
regular meeting day for subcommittees.
Rule 8.--Procedures for Taking Testimony or Receiving Evidence
(a) Notice.--Adequate notice shall be given to all
witnesses appearing before the Committee.
(b) Oath or Affirmation.--The Chairman may require
testimony of witnesses to be given under oath or affirmation.
(c) Administration of Oath or Affirmation.--Upon the
determination that a witness shall testify under oath or
affirmation, any Member of the Committee designated by the
Chairman may administer the oath or affirmation.
(d) Questioning of Witnesses.
(1) Generally.--Questioning of witnesses before the
Committee shall be conducted by Members of the
Committee.
(2) Exceptions.--
(A) The Chairman, in consultation with the
Ranking Minority Member, may determine that
Committee Staff will be authorized to question
witnesses at a hearing in accordance with
clause (2)(j) of House rule XI.
(B) The Chairman and Ranking Minority Member
are each authorized to designate Committee
Staff to conduct such questioning.
(e) Counsel for the Witness.--
(1) Generally.--Witnesses before the Committee may be
accompanied by counsel, subject to the requirements of
paragraph (2).
(2) Counsel Clearances Required.--In the event that a
meeting of the Committee has been closed because the
subject to be discussed deals with classified
information, counsel accompanying a witness before the
Committee must possess the requisite security clearance
and provide proof of such clearance to the Committee at
least 24 hours prior to the meeting at which the
counsel intends to be present.
(3) Failure to Obtain Counsel.--Any witness who is
unable to obtain counsel should notify the Committee.
If such notification occurs at least 24 hours prior to
the witness' appearance before the Committee, the
Committee shall then endeavor to obtain voluntary
counsel for the witness. Failure to obtain counsel,
however, will not excuse the witness from appearing and
testifying.
(4) Conduct of Counsel for Witnesses.--Counsel for
witnesses appearing before the Committee shall conduct
themselves ethically and professionally at all times in
their dealings with the Committee.
(A) A majority of Members of the Committee
may, should circumstances warrant, find that
counsel for a witness before the Committee
failed to conduct himself or herself in an
ethical or professional manner.
(B) Upon such finding, counsel may be subject
to appropriate disciplinary action.
(5) Temporary Removal of Counsel.--The Chairman may
remove counsel during any proceeding before the
Committee for failure to act in an ethical and
professional manner.
(6) Committee Reversal.--A majority of the Members of
the Committee may vote to overturn the decision of the
Chairman to remove counsel for a witness.
(7) Role of Counsel for Witness.--
(A) Counsel for a witness.--
(i) Shall not be allowed to examine
witnesses before the Committee, either
directly or through cross-examination;
but
(ii) May submit questions in writing
to the Committee that counsel wishes
propounded to a witness; or
(iii) May suggest, in writing to the
Committee, the presentation of other
evidence or the calling of other
witnesses.
(B) The Committee may make such use of any
such questions, or suggestions, as the
Committee deems appropriate.
(f) Statements by Witnesses.--
(1) Generally.--A witness may make a statement, which
shall be brief and relevant, at the beginning and at
the conclusion of the witness' testimony.
(2) Length.--Each such statement shall not exceed
five minutes in length, unless otherwise determined by
the Chairman.
(3) Submission to the Committee.--Any witness
desiring to submit a written statement for the record
of the proceeding shall submit a copy of the statement
to the Chief Clerk of the Committee.
(A) Such statements shall ordinarily be
submitted no less than 48 hours in advance of
the witness' appearance before the Committee
and shall be submitted in written and
electronic format.
(B) In the event that the hearing was called
with less than 24 hours notice, written
statements should be submitted as soon as
practicable prior to the hearing.
(g) Objections and Ruling.--
(1) Generally.--Any objection raised by a witness, or
counsel for the witness, shall be ruled upon by the
Chairman, and such ruling shall be the ruling of the
Committee.
(2) Committee Action.--A ruling by the Chairman may
be overturned upon a majority vote of the Committee.
(h) Transcripts.--
(1) Transcript Required.--A transcript shall be made
of the testimony of each witness appearing before the
Committee during any hearing of the Committee.
(2) Opportunity to Inspect.--Any witness testifying
before the Committee shall be given a reasonable
opportunity to inspect the transcript of the hearing,
and may be accompanied by counsel to determine whether
such testimony was correctly transcribed. Such counsel:
(A) May review the transcript only if he or
she has the appropriate security clearances
necessary to review any classified aspect of
the transcript; and
(B) Should, to the extent possible, be the
same counsel that was present for such
classified testimony.
(3) Corrections.--
(A) Pursuant to rule XI of the House Rules,
any corrections the witness desires to make in
a transcript shall be limited to technical,
grammatical, and typographical corrections.
(B) Corrections may not be made to change the
substance of the Testimony.
(C) Such corrections shall be submitted in
writing to the Committee within 7 days after
the transcript is made available to the
witnesses.
(D) Any questions arising with respect to
such corrections shall be decided by the
Chairman.
(4) Copy for the Witness.--At the request of the
witness, any portion of the witness' testimony given in
executive session shall be made available to that
witness if that testimony is subsequently quoted or
intended to be made part of a public record. Such
testimony shall be made available to the witness at the
witness' expense.
(i) Requests to Testify.--
(1) Generally.--The Committee will consider requests
to testify on any matter or measure pending before the
Committee.
(2) Recommendations for Additional Evidence.--Any
person who believes that testimony, other evidence, or
commentary, presented at a public hearing may tend to
affect adversely that person's reputation may submit to
the Committee, in writing:
(A) A request to appear personally before the
Committee;
(B) A sworn statement of facts relevant to
the testimony, evidence, or commentary; or
(C) Proposed questions for the cross-
examination of other witnesses.
(3) Committee's Discretion.--The Committee may take
those actions it deems appropriate with respect to such
requests.
(j) Contempt Procedures.--Citations for contempt of
Congress shall be forwarded to the House only if:
(1) Reasonable notice is provided to all Members of
the Committee of a meeting to be held to consider any
such contempt recommendations;
(2) The Committee has met and considered the contempt
allegations;
(3) The subject of the allegations was afforded an
opportunity to state either in writing or in person,
why he or she should not be held in contempt; and
(4) The Committee agreed by majority vote to forward
the citation recommendations to the House.
(k) Release of Name of Witness.--
(1) Generally.--At the request of a witness scheduled
to be heard by the Committee, the name of that witness
shall not be released publicly prior to, or after, the
witness' appearance before the Committee.
(2) Exceptions.--Notwithstanding paragraph (1), the
chairman may authorize the release to the public of the
name of any witness scheduled to appear before the
Committee.
Rule 9.--Investigations
(a) Commencing Investigations.--The Committee shall conduct
investigations only if approved by the Chairman, in
consultation with the Ranking Minority Member.
(b) Conducting Investigation.--An authorized investigation
may be conducted by Members of the Committee or Committee Staff
members designated by the Chairman, in consultation with the
Ranking Minority Member, to undertake any such investigation.
Rule 10.--Subpoenas
(a) Generally.--All subpoenas shall be authorized by the
Chairman of the full Committee, upon consultation with the
Ranking Minority Member, or by vote of the Committee.
(b) Subpoena Contents.-Any subpoena authorized by the
Chairman of the full Committee, or the Committee, may compel:
(1) The attendance of witnesses and testimony before
the Committee, or
(2) The production of memoranda, documents, records,
or any other tangible item.
(c) Signing of Subpoena.--A subpoena authorized by the
Chairman of the full Committee, or the Committee, may be signed
by the Chairman, or by any Member of the Committee designated
to do so by the Committee.
(d) Subpoena Service.--A subpoena authorized by the
Chairman of the full Committee, or the Committee, may be served
by any person designated to do so by the Chairman.
(e) Other Requirements.--Each subpoena shall have attached
thereto a copy of these rules.
Rule 11.--Committee Staff
(a) Definition.--For the purpose of these rules,
``Committee Staff'' or ``Staff of the Committee'' means:
(1) Employees of the Committee;
(2) Consultants to the Committee;
(3) Employees of other Government agencies detailed
to the Committee; or
(4) Any other person engaged by contract, or
otherwise, to perform services for, or at the request
of, the Committee.
(b) Appointment of Committee Staff and Security
Requirements.--
(1) Chairman's Authority.--Except as provided in
paragraph (2), the Committee Staff shall be appointed,
and may be removed, by the Chairman and shall work
under the general supervision and direction of the
Chairman.
(2) Staff Assistance to Minority Membership.--Except
as provided in paragraphs (3) and (4) and except as
otherwise provided by Committee Rules, the Committee
Staff provided to the Minority Party Members of the
Committee shall be appointed, and may be removed, by
the Ranking Minority Member of the Committee, and shall
work under the general supervision and direction of
such member.
(3) Security Clearance Required.--All offers of
employment for prospective Committee Staff positions
shall be contingent upon:
(A) The results of a background
investigation; and
(B) A determination by the Chairman that
requirements for the appropriate security
clearances have been met.
(4) Security Requirements.--Notwithstanding paragraph
(2), the Chairman shall supervise and direct the
Committee Staff with respect to the security and
nondisclosure of classified information. Committee
Staff shall comply with requirements necessary to
ensure the security and nondisclosure of classified
information as determined by the Chairman in
consultation with the Ranking Minority Member.
Rule 12.--Limit on Discussion of Classified Work of the Committee
(a) Prohibition.--
(1) Generally.--Except as otherwise provided by these
rules and the Rules of the House of Representatives,
Members and Committee Staff shall not at any time,
either during that person's tenure as a Member of the
Committee or as Committee Staff, or anytime thereafter,
discuss or disclose, or cause to be discussed or
disclosed:
(A) The classified substance of the work of
the Committee;
(B) Any information received by the Committee
in executive session;
(C) Any classified information received by
the Committee from any source; or
(D) The substance of any hearing that was
closed to the public pursuant to these rules or
the Rules of the House.
(2) Non-Disclosure in Proceedings.--
(A) Members of the Committee and the
Committee Staff shall not discuss either the
substance or procedure of the work of the
Committee with any person not a Member of the
Committee or the Committee Staff in connection
with any proceeding, judicial or otherwise,
either during the person's tenure as a Member
of the Committee, or of the Committee Staff, or
at any time thereafter, except as directed by
the Committee in accordance with the Rules of
the House and these rules.
(B) In the event of the termination of the
Committee, Members and Committee Staff shall be
governed in these matters in a manner
determined by the House concerning discussions
of the classified work of the Committee.
(3) Exceptions.--
(A) Notwithstanding the provisions of
subsection (a)(1), Members of the Committee and
the Committee Staff may discuss and disclose
those matters described in subsection (a)(1)
with:
(i) Members and staff of the Senate
Select Committee on Intelligence
designated by the chairman of that
committee;
(ii) The chairmen and ranking
minority members of the House and
Senate Committees on Appropriations and
staff of those committees designated by
the chairmen of those committees;
(iii) The chairman and ranking
minority member of the Subcommittee on
Defense of the House Committee on
Appropriations and staff of that
subcommittee as designated by the
chairman of that subcommittee; and
(iv) Members and staff of the
Intelligence Oversight Panel of the
House Appropriations Committee
designated by the chairman of that
panel.
(B) Notwithstanding the provisions of
subsection (a)(1), Members of the Committee and
the Committee Staff may discuss and disclose
only that budget-related information necessary
to facilitate the enactment of the annual
defense authorization bill with the chairmen
and ranking minority members of the House and
Senate Committees on Armed Services and the
staff of those committees designated by the
chairmen of those committees.
(C) Notwithstanding the provisions of
subsection (a)(1), Members of the Committee and
the Committee Staff may discuss with and
disclose to the chairman and ranking minority
member of a subcommittee of the House
Appropriations Committee with jurisdiction over
an agency or program within the National
Intelligence Program (NIP), and staff of that
subcommittee as designated by the chairman of
that subcommittee, only that budget-related
information necessary to facilitate the
enactment of an appropriations bill within
which is included an appropriation for an
agency or program within the NIP.
(D) The Chairman may, in consultation with
the Ranking Minority Member, upon the written
request to the Chairman from the Inspector
General of an element of the Intelligence
Community, grant access to Committee
transcripts or documents that are relevant to
an investigation of an allegation of possible
false testimony or other inappropriate conduct
before the Committee, or that are otherwise
relevant to the Inspector General's
investigation.
(E) Upon the written request of the head of
an Intelligence Community element, the Chairman
may, in consultation with the Ranking Minority
Member, make available Committee briefing or
hearing transcripts to that element for review
by that element if a representative of that
element testified, presented information to the
Committee, or was present at the briefing or
hearing the transcript of which is requested
for review.
(F) Members and Committee Staff may discuss
and disclose such matters as otherwise directed
by the Committee.
(b) Non-Disclosure Agreement.--
(1) Generally.--All Committee Staff must, before
joining the Committee, agree in writing, as a condition
of employment, not to divulge or cause to be divulged
any classified information which comes into such
person's possession while a member of the Committee
Staff, to any person not a Member of the Committee or
the Committee Staff, except as authorized by the
Committee in accordance with the Rules of the House and
these rules.
(2) Other Requirements.--In the event of the
termination of the Committee, Members and Committee
Staff must follow any determination by the House of
Representatives with respect to the protection of
classified information received while a Member of the
Committee or as Committee Staff.
(3) Requests for Testimony of Staff.--
(A) All Committee Staff must, as a condition
of employment agree in writing to notify the
Committee immediately of any request for
testimony received while a member of the
Committee Staff, or at any time thereafter,
concerning any classified information received
by such person while a member of the Committee
Staff.
(B) Committee Staff shall not disclose, in
response to any such request for testimony, any
such classified information, except as
authorized by the Committee in accordance with
the Rules of the House and these rules.
(C) In the event of the termination of the
Committee, Committee Staff will be subject to
any determination made by the House of
Representatives with respect to any requests
for testimony involving classified information
received while a member of the Committee Staff.
Rule 13.--Classified Material
(a) Receipt of Classified Information.--
(1) Generally.--In the case of any information that
has been classified under established security
procedures and submitted to the Committee by any
source, the Committee shall receive such classified
information as executive session material.
(2) Staff Receipt of Classified Materials.--For
purposes of receiving classified information, the
Committee Staff is authorized to accept information on
behalf of the Committee.
(b) Non-Disclosure of Classified Information.--Any
classified information received by the Committee, from any
source, shall not be disclosed to any person not a Member of
the Committee or the Committee Staff, or otherwise released,
except as authorized by the Committee in accord with the Rules
of the House and these rules.
Rule 14.--Procedures Related to Handling of Classified Information
(a) Security Measures.--
(1) Strict Security.--The Committee's offices shall
operate under strict security procedures administered
by the Director of Security and Registry of the
Committee under the direct supervision of the Staff
Director.
(2) U.S. Capitol Police Presence Required.--At least
one U.S. Capitol Police officer shall be on duty at all
times outside the entrance to Committee offices to
control entry of all persons to such offices.
(3) Identification Required.--Before entering the
Committee's offices all persons shall identify
themselves to the U.S. Capitol Police officer described
in paragraph (2) and to a Member of the Committee or
Committee Staff.
(4) Maintenance of Classified Materials.--Classified
documents shall be segregated and maintained in
approved security storage locations.
(5) Examination of Classified Materials.--Classified
documents in the Committee's possession shall be
examined in an appropriately secure manner.
(6) Prohibition on Removal of Classified Materials.--
Removal of any classified document from the Committee's
offices is strictly prohibited, except as provided by
these rules.
(7) Exception.--Notwithstanding the prohibition set
forth in paragraph (6), a classified document, or copy
thereof, may be removed from the Committee's offices in
furtherance of official Committee business. Appropriate
security procedures shall govern the handling of any
classified documents removed from the Committee's
offices.
(b) Access to Classified Information by Member.--All
Members of the Committee shall at all times have access to all
classified papers and other material received by the Committee
from any source.
(c) Need-to-know.--
(1) Generally.--Committee Staff shall have access to
any classified information provided to the Committee on
a strict ``need-to-know'' basis, as determined by the
Committee, and under the Committee's direction by the
Staff Director.
(2) Appropriate Clearances Required.--Committee Staff
must have the appropriate clearances prior to any
access to compartmented information.
(d) Oath.--
(1) Requirement.--Before any Member of the Committee,
or the Committee Staff, shall have access to classified
information, the following oath shall be executed:
I do solemnly swear (or affirm) that I will not
disclose or cause to be disclosed any classified
information received in the course of my service on the
House Permanent Select Committee on Intelligence,
except when authorized to do so by the Committee or the
House of Representatives.
(2) Copy.--A copy of such executed oath shall be
retained in the files of the Committee.
(e) Registry.--
(1) Generally.--The Committee shall maintain a
registry that:
(A) Provides a brief description of the
content of all classified documents provided to
the Committee by the executive branch that
remain in the possession of the Committee; and
(B) Lists by number all such documents.
(2) Designation by the Staff Director.--The Staff
Director shall designate a member of the Committee
Staff to be responsible for the organization and daily
maintenance of such registry.
(3) Availability.--Such registry shall be available
to all Members of the Committee and Committee Staff.
(f) Requests by Members of Other Committees.--Pursuant to
the Rules of the House, Members who are not Members of the
Committee may be granted access to such classified transcripts,
records, data, charts, or files of the Committee, and be
admitted on a non-participatory basis to classified hearings of
the Committee involving discussions of classified material in
the following manner:
(1) Written Notification Required.--Members who
desire to examine classified materials in the
possession of the Committee, or to attend Committee
hearings or briefings on a non-participatory basis,
must notify the Chief Clerk of the Committee in
writing.
(2) Committee Consideration.--The Committee shall
consider each such request by non-Committee Members at
the earliest practicable opportunity. The Committee
shall determine, by roll call vote, what action it
deems appropriate in light of all of the circumstances
of each request. In its determination, the Committee
shall consider:
(A) The sensitivity to the national defense
or the confidential conduct of the foreign
relations of the United States of the
information sought;
(B) The likelihood of its being directly or
indirectly disclosed;
(C) The jurisdictional interest of the Member
making the request; and
(D) Such other concerns, constitutional or
otherwise, as may affect the public interest of
the United States.
(3) Committee Action.--After consideration of the
Member's request, the Committee may take any action it
may deem appropriate under the circumstances, including
but not limited to:
(A) Approving the request, in whole or part;
(B) Denying the request;
(C) Providing the requested information or
material in a different form than that sought
by the Member; or
(D) Making the requested information or
material available to all Members of the House.
(4) Requirements for Access by Non-Committee
Members.--Prior to a non-Committee Member being given
access to classified information pursuant to this
subsection, the requesting Member shall:
(A) Provide the Committee a copy of the oath
executed by such Member pursuant to House rule
XXIII, clause 13; and
(B) Agree in writing not to divulge any
classified information provided to the Member
pursuant to this subsection to any person not a
Member of the Committee or the Committee Staff,
except as otherwise authorized by the Committee
in accordance with the Rules of the House and
these rules.
(5) Consultation Authorized.--When considering a
Member's request, the Committee may consult the
Director of National Intelligence and such other
officials it considers necessary.
(6) Finality of Committee Decision.--
(A) Should the Member making such a request
disagree with the Committee's determination
with respect to that request, or any part
thereof, that Member must notify the Committee
in writing of such disagreement.
(B) The Committee shall subsequently consider
the matter and decide, by record vote, what
further action or recommendation, if any, the
Committee will take.
(g) Advising the House or Other Committees.--Pursuant to
Section 501 of the National Security Act of 1947 (50 U.S.C.
413), and to the Rules of the House, the Committee shall call
to the attention of the House, or to any other appropriate
committee of the House, those matters requiring the attention
of the House, or such other committee, on the basis of the
following provisions:
(1) By Request of Committee Member.--At the request
of any Member of the Committee to call to the attention
of the House, or any other committee, executive session
material in the Committee's possession, the Committee
shall meet at the earliest practicable opportunity to
consider that request.
(2) Committee Consideration of Request.--The
Committee shall consider the following factors, among
any others it deems appropriate:
(A) The effect of the matter in question on
the national defense or the foreign relations
of the United States;
(B) Whether the matter in question involves
sensitive intelligence sources and methods;
(C) Whether the matter in question otherwise
raises questions affecting the national
interest; and
(D) Whether the matter in question affects
matters within the jurisdiction of another
Committee of the House.
(3) Views of Other Committees.--In examining such
factors, the Committee may seek the opinion of Members
of the Committee appointed from standing committees of
the House with jurisdiction over the matter in
question, or submissions from such other committees.
(4) Other Advice.--The Committee may, during its
deliberations on such requests, seek the advice of any
executive branch official.
(h) Reasonable Opportunity to Examine Materials.--Before
the Committee makes any decision regarding any request for
access to any classified information in its possession, or a
proposal to bring any matter to the attention of the House or
another committee, Members of the Committee shall have a
reasonable opportunity to examine all pertinent testimony,
documents, or other materials in the Committee's possession
that may inform their decision on the question.
(i) Notification to the House.--The Committee may bring a
matter to the attention of the House when, after consideration
of the factors set forth in this rule, it considers the matter
in question so grave that it requires the attention of all
Members of the House, and time is of the essence, or for any
reason the Committee finds compelling.
(j) Method of Disclosure to the House.--
(1) Should the Committee decide by roll call vote
that a matter requires the attention of the House as
described in subsection (i), it shall make arrangements
to notify the House promptly.
(2) In such cases, the Committee shall consider
whether:
(A) To request an immediate secret session of
the House (with time equally divided between
the Majority and the Minority); or
(B) To publicly disclose the matter in
question pursuant to clause 11(g) of House rule
X.
(k) Requirement to Protect Sources and Methods.--In
bringing a matter to the attention of the House, or another
committee, the Committee, with due regard for the protection of
intelligence sources and methods, shall take all necessary
steps to safeguard materials or information relating to the
matter in question.
(l) Availability of Information to Other Committees.--The
Committee, having determined that a matter shall be brought to
the attention of another committee, shall ensure that such
matter, including all classified information related to that
matter, is promptly made available to the chairman and ranking
minority member of such other committee.
(m) Provision of Materials.--The Director of Security and
Registry for the Committee shall provide a copy of these rules,
and the applicable portions of the Rules of the House of
Representatives governing the handling of classified
information, along with those materials determined by the
Committee to be made available to such other committee of the
House or non-Committee Member.
(n) Ensuring Clearances and Secure Storage.--The Director
of Security and Registry shall ensure that such other committee
or non-Committee Member receiving such classified materials may
properly store classified materials in a manner consistent with
all governing rules, regulations, policies, procedures, and
statutes.
(o) Log.--The Director of Security and Registry for the
Committee shall maintain a written record identifying the
particular classified document or material provided to such
other committee or non-Committee Member, the reasons agreed
upon by the Committee for approving such transmission, and the
name of the committee or non-Committee Member receiving such
document or material.
(p) Miscellaneous Requirements.--
(1) Staff Director's Additional Authority.--The Staff
Director is further empowered to provide for such
additional measures, which he or she deems necessary,
to protect such classified information authorized by
the Committee to be provided to such other committee or
non-Committee Member.
(2) Notice to Originating Agency.--In the event that
the Committee authorizes the disclosure of classified
information provided to the Committee by an agency of
the executive branch to a non-Committee Member or to
another committee, the Chairman may notify the
providing agency of the Committee's action prior to the
transmission of such classified information.
Rule 15.--Legislative Calendar
(a) Generally.--The Chief Clerk, under the direction of the
Staff Director, shall maintain a printed calendar that lists:
(1) The legislative measures introduced and referred
to the Committee;
(2) The status of such measures; and
(3) Such other matters that the Committee may
require.
(b) Revisions to the Calendar.--The calendar shall be
revised from time to time to show pertinent changes.
(c) Availability.--A copy of each such revision shall be
furnished to each Member, upon request.
(d) Consultation with Appropriate Government Entities.--
Unless otherwise directed by the Committee, legislative
measures referred to the Committee may be referred by the Chief
Clerk to the appropriate department or agency of the Government
for reports thereon.
Rule 16.--Committee Web Site
The Chairman shall maintain an official Committee web site
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.
Rule 17.--Motions To Go to Conference
In accordance with clause 2(a) of House rule XI, the
Chairman is authorized and directed to offer a privileged
motion to go to conference under clause 1 of House rule XXII
whenever the Chairman considers it appropriate.
Rule 18.--Committee Travel
(a) Authority.--The Chairman may authorize Members and
Committee Staff to travel on Committee business.
(b) Requests.--
(1) Member Requests.--Members requesting
authorization for such travel shall state the purpose
and length of the trip, and shall submit such request
directly to the Chairman.
(2) Committee Staff Requests.--Committee Staff
requesting authorization for such travel shall state
the purpose and length of the trip, and shall submit
such request through their supervisors to the Staff
Director and the Chairman.
(c) Notification to Members.--
(1) Generally.--Members shall be notified of all
foreign travel of Committee Staff not accompanying a
Member.
(2) Content.--All Members are to be advised, prior to
the commencement of such travel, of its length, nature,
and purpose.
(d) Trip Reports.--
(1) Generally.--A full report of all issues discussed
during any travel shall be submitted to the Chief Clerk
of the Committee within a reasonable period of time
following the completion of such trip.
(2) Availability of Reports.--Such report shall be:
(A) Available for review by any Member or
appropriately cleared Committee Staff; and
(B) Considered executive session material for
purposes of these rules.
(e) Limitations on Travel.--
(1) Generally.--The Chairman is not authorized to
permit travel on Committee business of Committee Staff
who have not satisfied the requirements of subsection
(d) of this rule.
(2) Exception.--The Chairman may authorize Committee
Staff to travel on Committee business, notwithstanding
the requirements of subsections (d) and (e) of this
rule,
(A) At the specific request of a Member of
the Committee; or
(B) In the event there are circumstances
beyond the control of the Committee Staff
hindering compliance with such requirements.
(f) Definitions.--For purposes of this rule the term
``reasonable period of time'' means:
(1) No later than 60 days after returning from a
foreign trip; and
(2) No later than 30 days after returning from a
domestic trip.
Rule 19.--Disciplinary Actions
(a) Generally.--The Committee shall immediately consider
whether disciplinary action shall be taken in the case of any
member of the Committee Staff alleged to have failed to conform
to any rule of the House of Representatives or to these rules.
(b) Exception.--In the event the House of Representatives
is:
(1) In a recess period in excess of 3 days; or
(2) Has adjourned sine die; the Chairman of the full
Committee, in consultation with the Ranking Minority
Member, may take such immediate disciplinary actions
deemed necessary.
(c) Available Actions.--Such disciplinary action may
include immediate dismissal from the Committee Staff.
(d) Notice to Members.--All Members shall be notified as
soon as practicable, either by facsimile transmission or
regular mail, of any disciplinary action taken by the Chairman
pursuant to subsection (b).
(e) Reconsideration of Chairman's Actions.--A majority of
the Members of the full Committee may vote to overturn the
decision of the Chairman to take disciplinary action pursuant
to subsection (b).
Rule 20.--Broadcasting Committee Meetings
Whenever any hearing or meeting conducted by the Committee
is open to the public, a majority of the Committee may permit
that hearing or meeting to be covered, in whole or in part, by
television broadcast, radio broadcast, and still photography,
or by any of such methods of coverage, subject to the
provisions and in accordance with the spirit of the purposes
enumerated in the Rules of the House.
Rule 21.--Committee Records Transferred to the National Archives
(a) Generally.--The records of the Committee at the
National Archives and Records Administration shall be made
available for public use in accordance with the Rules of the
House of Representatives.
(b) Notice of Withholding.--The Chairman shall notify the
Ranking Minority Member of any decision, pursuant to the Rules
of the House of Representatives, to withhold a record otherwise
available, and the matter shall be presented to the full
Committee for a determination of the question of public
availability on the written request of any Member of the
Committee.
Rule 22.--Changes in Rules
(a) Generally.--These rules may be modified, amended, or
repealed by vote of the full Committee.
(b) Notice of Proposed Changes.--A notice, in writing, of
the proposed change shall be given to each Member at least 48
hours prior to any meeting at which action on the proposed rule
change is to be taken.
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PART III--SELECT COMMITTEES OF THE HOUSE
=======================================================================
Select Committee on Energy Independence and Global Warming
EDWARD J. MARKEY, Massachusetts,
Chairman
F. JAMES SENSENBRENNER, Jr., EARL BLUMENAUER, Oregon
JOHN B. SHADEGG, Arizona JAY INSLEE, Washington
GREG WALDEN, Oregon Wisconsin, Ranking Member
CANDICE S. MILLER, Michigan JOHN B. LARSON, Connecticut
JOHN SULLIVAN, Oklahoma HILDA L. SOLIS, California
MARSHA BLACKBURN, Tennessee STEPHANIE HERSETH SANDLIN, South
Dakota
EMANUEL CLEAVER, Missouri
JOHN J. HALL, New York
JERRY McNERNEY, California
(Adopted March 27, 2007)
Rule 1.--General Provisions
The Rules of the House are the rules of the Select
Committee on Energy Independence and Global Warming
(hereinafter ``Committee'') so far as they are applicable.
Rule 2.--Time and Place of Meetings
(a) Regular Meeting Days.--The Committee shall meet on the
first Tuesday of each month at 10 a.m., for the consideration
of any pending business, if the House is in session on that
day. If the House is not in session on that day and the
Committee has not met during such month, the Committee shall
meet at the earliest practicable opportunity when the House is
again in session. The Chairman may, at his discretion, cancel,
delay, or defer any meeting required under this section, after
consultation with the Ranking Minority Member.
(b) Additional Meetings.--The Chairman may call and
convene, as he considers necessary, additional meetings of the
Committee for the consideration of Committee business. The
Committee shall meet for such purposes pursuant to that call of
the Chairman.
(c) Vice Chairman; Presiding Member.--The Chairman shall
designate a member of the majority party to serve as Vice
Chairman of the Committee. The Vice Chairman shall preside at
any meeting or hearing during the temporary absence of the
Chairman. If the Chairman and Vice Chairman are not present at
any meeting or hearing, the most senior present member of the
majority party shall preside at the meeting or hearing.
(d) Open Meetings and Hearings.--Each meeting and hearing
of the Committee for the transaction of business shall be open
to the public, including to radio, television and still
photography coverage, consistent with the provisions of rule XI
of the Rules of the House.
Rule 3.--Agenda
The agenda for each Committee meeting other than a hearing,
setting out the date, time, place, and all items of business to
be considered, shall be provided to each member of the
Committee at least 24 hours in advance of such meeting.
Rule 4.--Procedure
(a) Hearings.--The date, time, place, and subject matter of
any hearing of the Committee shall be announced at least one
week in advance of the commencement of such hearing, unless the
Chairman, with the concurrence of the Ranking Minority Member,
determines in accordance with clause 2(g)(3) of rule XI of the
Rules of the House, that there is good cause to begin the
hearing sooner. In such cases, the Chairman shall make the
announcement at the earliest possible date.
(b) Meetings.--The date, time, place, and subject matter of
any meeting (other than a hearing) scheduled on a Tuesday,
Wednesday, or Thursday when the House is scheduled to be in
session shall be announced at least 24 hours (exclusive of
Saturdays, Sundays, and legal holidays, except when the House
is in session on such days) in advance of the commencement of
such meeting.
(c) Motions.--Pursuant to clause 1(a)(2) of rule XI of the
Rules of the House, privileged motions to recess from day to
day, or recess subject to the call of the Chair (within 24
hours), shall be decided without debate.
(d)(1) Requirements for Testimony.--Each witness who is to
appear before the Committee shall file with the clerk of the
Committee, at least two working days in advance of his or her
appearance, sufficient copies, as determined by the Chairman,
of a written statement of his or her proposed testimony to
provide to members and staff of the Committee, the news media,
and the general public. Each witness shall, to the greatest
extent practicable, also provide a copy of such written
testimony in an electronic format prescribed by the Chairman.
Each witness shall limit his or her oral presentation to a
brief summary of the testimony. The Chairman, or the presiding
member, may waive the requirements of this paragraph or any
part thereof.
(2) Additional Requirements for Testimony.--To the greatest
extent practicable, the written testimony of each witness
appearing in a non-governmental capacity shall include a
curriculum vitae and a disclosure of the amount and source (by
agency and program) of any federal grant (or sub grant thereof)
or contract (or subcontract thereof) received during the
current fiscal year or either of the two preceding fiscal years
by the witness or by an entity represented by the witness.
(A) Questioning Witnesses. The right to question
witnesses before the Committee shall alternate between
majority and minority members. Each member shall be
limited to 5 minutes in the interrogation of witnesses
until such time as each member who so desires has had
an opportunity to question witnesses. No member shall
be recognized for a second period of 5 minutes to
interrogate a witness until each member of the
Committee present has been recognized once for that
purpose. While the Committee is operating under the 5-
minute rule for the interrogation of witnesses, the
Chairman shall recognize, in order of appearance,
members who were not present when the meeting was
called to order after all members who were present when
the meeting was called to order have been recognized in
the order of seniority on the Committee.
(B) Questions for the Record. Subject to the Rules of
the House, each member may submit to the Chairman
additional questions for the record, to be answered by
the witnesses who have appeared. Each member shall
provide a copy of the questions in an electronic format
to the clerk of the Committee no later than ten
business days following a hearing. The Chairman shall
transmit all questions received from members of the
Committee to the appropriate witness and include the
transmittal letter and the responses from the witnesses
in the hearing record.
(C) Opening Statements. (1) All written opening
statements at hearings conducted by the Committee shall
be made part of the permanent hearing record.
(2) The Chairman and Ranking Minority Member (or their
respective designees) are entitled to deliver a 5 minute
opening statement prior to the recognition of the first witness
for testimony. Opening statements by other members of the
Committee are subject to the discretion of the Chairman.
Rule 5.--Waiver of Agenda, Notice, and Opening Statement Requirements
Requirements of rules 3, 4(a)(1), 4(a)(2), and 4(d) may be
waived for good cause by the Chairman, with the concurrence of
the Ranking Minority Member.
Rule 6.--Quorum
Testimony may be taken and evidence received at any hearing
at which there are present not fewer than two members of the
Committee. A majority of the members of the Committee shall
constitute a quorum when otherwise required by the Rules of the
House. For the purposes of taking any action other than those
specified in the preceding sentences, one third of the members
of the Committee shall constitute a quorum.
Rule 7.--Journal
The proceedings of the Committee shall be recorded in a
journal which shall, among other things, show those present at
each meeting and hearing, and shall include a record of the
votes on any question on which a record vote is demanded, a
description of the motion, order, or other proposition voted,
and the name of each member voting for and each member voting
against such motion, order, or proposition, and the names of
those members voting present. A copy of the journal shall be
furnished to the Ranking Minority Member and made available to
the public in a timely fashion.
Rule 8.--Committee Professional and Clerical Staff
(a) Committee staff members are subject to the provisions
of clause 9 of rule X, as well as any written personnel
policies the Committee may from time to time adopt. The
Chairman shall determine the remuneration of legislative and
administrative employees of the Committee.
(b) The Chairman shall appoint, and may remove, the
legislative and administrative employees of the Committee not
assigned to the minority.
(c) Minority Professional Staff. Professional staff members
appointed pursuant to clause 9 of rule X of the House of
Representatives, who are assigned to the Ranking Minority
Member, and not to the Chairman, shall be assigned to such
Committee business as the Ranking Minority Member considers
advisable.
(d) Additional Staff Appointments. In addition to the
professional staff appointed pursuant to clause 9 of rule X of
the House of Representatives, the Chairman shall be entitled to
make such appointments to the clerical staff of the Committee
as may be provided within the budget approved for such purposes
by the Committee. Such appointees shall be assigned to such
business of the Committee as the Chairman considers advisable.
Rule 9.--Supervision, Duties of Staff
(a) Committee staff members are subject to the provisions
of clause 9(b) of rule X.
(b) Supervision of Majority Staff. The professional and
clerical staff of the Committee not assigned to the minority
shall be under the supervision and direction of the Chairman,
who shall establish and assign the duties and responsibilities
of such staff members and delegate such authority as he
determines appropriate.
(c) Supervision of Minority Staff. The professional and
clerical staff assigned to the minority shall be under the
supervision and direction of the Ranking Minority Member, who
shall establish and assign the duties and responsibilities of
such staff members and delegate such authority as he determines
appropriate.
Rule 10.--Committee Expenditures
Copies of each monthly report (prepared by the Chairman of
the Committee on House Administration and showing expenditures
made during the reporting period and cumulative for the year by
the Committee), anticipated expenditures for the projected
Committee program, and detailed information on travel, shall be
available to each member.
Rule 11.--Broadcasting of Committee Hearings
Any meeting or hearing that is open to the public may be
covered in whole or in part by radio or television or still
photography, subject to the requirements of clause 4 of rule XI
of the Rules of the House. The coverage of any hearing or other
proceeding of the Committee by television, radio, or still
photography shall be under the direct supervision of the
Chairman and may be terminated in accordance with the Rules of
the House.
Rule 12.--Subpoenas
The Committee may authorize and issue a subpoena under
clause 2(m) of rule XI of the House.
Rule 13.--Travel of Members and Staff
(a) Approval of Travel. Consistent with the primary expense
resolution and such additional expense resolutions as may have
been approved, travel to be reimbursed from funds set aside for
the Committee for any member or any staff member shall be paid
only upon the prior authorization of the Chairman. Travel may
be authorized by the Chairman for any member and any staff
member in connection with the attendance of hearings conducted
by the Committee or any subcommittee thereof and meetings,
conferences, and investigations which involve activities or
subject matter under 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 travel;
(2) the dates during which the travel is to be made
and the date or dates of the event for which the travel
is being made;
(3) the location of the event for which the travel is
to be made; and
(4) the names of members and staff seeking
authorization.
(b) Approval of Travel by Minority Members and Staff. In
the case of travel by minority party members and minority party
professional staff for the purpose set out in paragraph (a),
the prior approval, not only of the Chairman but also of the
Ranking Minority Member, shall be required. Such prior
authorization shall be given by the Chairman only upon the
representation by the Ranking Minority Member, in writing,
setting forth those items enumerated in (1), (2), (3), and (4)
of paragraph (a).
Select Committee to Investigate the Voting Irregularities of August 2,
2007
WILLIAM D. DELAHUNT,
Massachusetts, Chairman
MIKE PENCE, Indiana, Ranking Member ARTUR DAVIS, Alabama
STEVEN C. LaTOURETTE, Ohio STEPHANIE HERSETH SANDLIN, South
KENNY C. HULSHOF, Missouri Dakota
(Adopted September 27, 2007)
Resolved, That the Rules of the Select Committee to
Investigate the Voting Irregularities of August 2, 2007 shall
be as follows: Except as provided in paragraphs (1)-(4), rule
XI and clause 2(c) of rule XIII of the Rules of the House of
Representatives shall be rules of the Select Committee.
(1) Regular Meeting Days. If the House is in session, the
Committee shall meet on the first Thursday of each month at 9
a.m. for the consideration of any pending business. If the
House is not in session on that day and the Committee has not
met during such month, the Committee shall meet at the earliest
practicable opportunity when the House is again in session. The
Chairman may, at his discretion, cancel, delay, or defer any
meeting required under this section, after consultation with
the Ranking Minority Member.
(2) Questioning Witnesses. The chairman, with the
concurrence of the ranking minority member, may permit an equal
number of majority and minority members to question a witness
for a specified period that is equal for each side and not
longer than 30 minutes for each side at a time. The chairman
and ranking minority member shall each determine how to
allocate this time for their members.
(3) Views. Supplemental, minority, or additional views may
be filed under rule XI and rule XIII of the Rules of the House
of Representatives, and the time allowed for filing of such
views shall be three calendar days, beginning on the day of
notice, but excluding Saturdays, Sundays, and legal holidays
(unless the House is in session on such a day), unless the
Committee agrees to a different time.
(4) Quorum. For the purpose of taking testimony and
receiving evidence, one Member from the majority and one Member
from the minority shall constitute a quorum, unless otherwise
agreed to by the ranking minority member.
=======================================================================
PART IV--CONGRESSIONAL JOINT COMMITTEES
=======================================================================
Joint Economic Committee
CHARLES E. SCHUMER, Senator from
New York, Chairman
CAROLYN B. MALONEY, Representative
from New York, Vice Chair
SENATE HOUSE
EDWARD M. KENNEDY, MAURICE D. HINCHEY, New York
Massachusetts BARON P. HILL, Indiana
JEFF BINGAMAN, New Mexico LORETTA SANCHEZ, California
AMY KLOBUCHAR, Minnesota ELIJAH E. CUMMINGS, Maryland
ROBERT P. CASEY, Pennsylvania LLOYD DOGGETT, Texas
JIM WEBB, Virginia
Minority Senators Minority Members
SAM BROWNBACK, Kansas JIM SAXTON, New Jersey
JOHN E. SUNUNU, New Hampshire KEVIN BRADY, Texas
JIM DeMINT, South Carolina PHIL ENGLISH, Pennsylvania
ROBERT F. BENNETT, Utah RON PAUL, Texas
(Adopted April 5, 2007)
Rule 1
The rules of the Senate and House, insofar as they are
applicable, shall govern the committee and its subcommittees.
The rules of the Committee, insofar as they are applicable,
shall be the rules of any subcommittee of the Committee.
Rule 2
The meetings of the Committee shall be held at such times
and in such places as the Chairman may designate, or at such
times as a quorum of the Committee may request in writing, with
adequate advance notice provided to all members of the
Committee. Subcommittee meetings shall not be held when the
full Committee is meeting. Where these rules require a vote of
the members of the Committee, polling of members either in
writing or by telephone shall not be permitted to substitute
for a vote taken at a Committee meeting, unless the Ranking
Minority Member assents to a waiver of this requirement.
Rule 3
Ten members of the Committee shall constitute a quorum. A
majority of the members of a subcommittee shall constitute a
quorum of such subcommittee.
Rule 4
Written or telegraphic proxies of Committee members will be
received and recorded on any vote taken by the Committee,
except at the organization meeting at the beginning of each
Congress, or for the purpose of creating a quorum.
Rule 5
The Chairman may name standing or special subcommittees.
Any member of the Committee shall have the privilege of sitting
with any subcommittee during its hearings or deliberations, but
no such member who is not a member of the subcommittee shall
vote on any matter before such subcommittee.
Rule 6
The chairmanship and vice chairmanship of the Committee
shall alternate between the House and Senate by Congresses. The
senior member of the minority party in the House of Congress
opposite to that of the Chairman shall be the Ranking Minority
Member of the Committee. In the event the House and Senate are
under different party control, the Chairman and Vice Chairman
shall represent the majority party in the respective Houses.
Rule 7
Questions as to the order of business and the procedure of
the Committee shall in the first instance be decided by the
Chairman, subject always to an appeal to the Committee.
Rule 8
All hearings conducted by the Committee or its
subcommittees shall be open to the public except where the
Committee or subcommittee, as the case may be, by a majority
vote orders an executive session. Whenever possible, all public
hearings shall include some sessions held on the Senate side
and some on the House side. House and Senate members shall
alternate in order of seating and interrogation.
Rule 9
So far as practicable all witnesses appearing before the
Committee shall file advance written statements of their
proposed testimony, and their oral testimony shall be limited
to brief summaries. Brief insertions of additional germane
material will be received for the record, subject to the
approval of the Chairman.
Rule 10
An accurate stenographic record shall be kept of all
testimony and each witness provided with a copy thereof.
Witnesses may make changes in testimony for the purpose of
correcting grammatical errors, obvious errors of fact, and
errors of transcription. Brief supplemental materials when
required to clarify the transcript may be inserted in the
record subject to the approval of the Chairman. Witnesses shall
be allowed 3 days within which to correct and return the
transcript of their testimony. If not so returned, the clerk
may close the record whenever necessary.
Rule 11
Each member of the Committee shall be provided with a copy
of the hearings transcript for the purpose of correcting errors
of transcription and grammar, and clarifying questions or
remarks. If another person is authorized by a Committee member
to make his corrections, the clerk shall be so notified.
Members who have received unanimous consent to submit
written questions to witnesses shall be allowed 2 days within
which to submit these to the executive director for
transmission to the witnesses. The record may be held open for
a period not to exceed 1 week awaiting responses by witnesses.
Rule 12
Testimony received in executive hearings shall not be
released or included in any report without the approval of a
majority of the Committee.
Rule 13
The Chairman shall provide adequate time for questioning of
witnesses by all members, and the rule of germaneness shall be
enforced in all hearings.
Rule 14
None of the hearings of the Committee shall be telecast or
broadcast, whether directly or through such devices as
recordings, tapes, motion pictures, or other mechanical means,
if in conflict with a rule or practice of the House on the side
of the Capitol where hearings are being held. If no general
rule or practice prevails in regard to such telecasts or
broadcasts, none of the hearings of the Committee shall be
telecast or broadcast unless approved by a majority of the
members of the Committee.
Telecasts or broadcasts of any such portion of hearings of
the Committee as may include testimony of a witness, shall not
be authorized if such witness objects to such telecast or
broadcast: Provided, That such witness shall be afforded the
opportunity to make such objection, if any, to the Committee at
a time when the proceedings are not being telecast or
broadcast.
Rule 15
No Committee report shall be made public or transmitted to
the Congress without the approval of a majority of the
Committee except that when the Congress has adjourned,
subcommittees may by majority vote and with the express
permission of the full Committee submit reports to the full
Committee and simultaneously release same to the public:
Provided, That any member of the Committee may make a report
supplementary to or dissenting from the majority report. Such
supplementary or dissenting reports should be as brief as
possible. Factual reports by the Committee staff may be printed
for the distribution to Committee members and the public only
upon authorization of the Chairman of the full Committee either
with the approval of a majority of the Committee or with the
consent of the Ranking Minority Member.
Rule 16
No summary of a Committee report, prediction of the
contents of a report, or statement of conclusions concerning
any investigation shall be made by a member of the Committee or
of the Committee staff prior to the issuance of a report of the
Committee.
Rule 17
There shall be kept a complete record of all Committee
proceedings and actions. The clerk of the Committee, or a
designated member of the Committee staff, shall act as
recording secretary of all proceedings before the Committee and
shall prepare and circulate to all members of the Committee the
minutes of such proceedings. Minutes circulated will be
considered approved unless objection is registered prior to the
next Committee meeting. The records of the Committee shall be
open to all members of the Committee.
Rule 18
The Committee shall have a professional and clerical staff
under the supervision of an executive director. The Committee
shall appoint and remove the executive director with the
approval of not less than 10 members of the Committee. Staff
operating procedures shall be determined by the executive
director, with the approval of the Chairman of the Committee,
and after notification to the Ranking Minority Member with
respect to basic revisions. The executive director under the
general supervision of the Chairman is authorized to deal
directly with agencies of the Government and with non-
Government groups and individuals on behalf of the Committee.
The professional members of the Committee staff shall be
appointed and removed on the recommendation of the executive
director with approval by a majority vote of the Committee. The
professional staff members, including the executive director,
shall be persons selected without regard to political
affiliations who, as a result of training, experience, and
attainments, are exceptionally qualified to analyze and
interpret economic developments and programs. The clerical and
temporary staff shall be appointed and removed by the executive
director with the approval of the Chairman, and after
notification to the Ranking Minority Member. The Committee
staff shall serve all members of the Committee in an objective,
non partisan manner. From time to time, upon request the
executive director shall designate individual members of the
staff to assist subcommittees, individual Committee members,
and the minority members. The staff, to the extent possible,
shall be organized along functional lines to permit
specialization.
Rule 19
Attendance at executive sessions shall be limited to
members of the Committee and of the Committee staff. Other
persons whose presence is requested or consented to by the
Committee may be admitted to such sessions.
Rule 20
Selection of witnesses for Committee hearings shall be made
by the Committee staff under the direction of the Chairman. A
list of proposed witnesses shall be submitted to the members of
the Committee for review sufficiently in advance of the
hearings to permit suggestions by the Committee members to
receive appropriate consideration.
Rule 21
The Chairman of the Committee shall have the overall
responsibility for preparing and carrying out the Committee's
program, including staff duties, subject to prior approval of
each item on the program by a majority of the Committee or,
alternatively, by the Ranking Minority Member. Prior to and
during the transition from one Congress to another, the
outgoing Committee shall prepare and have ready a plan for the
consideration of the President's Economic Report and the
preparation of the Committee's report thereon in order to meet
the March 1 deadline established by Public Law 304 (79th
Cong.), as amended.
Rule 22
Proposals for amending Committee rules shall be sent to all
members at least 1 week before final action is taken thereon,
unless the amendment is made by unanimous consent. Approval by
at least 11 members of the Committee shall be required to amend
these rules.
Rule 23
The information contained in any books, papers, or
documents furnished to the Committee by any individual,
partnership, corporation, or other legal entity shall, upon the
request of the individual, partnership, corporation, or other
entity furnishing the same, be maintained in strict confidence
by the members and staff of the Committee, except that any such
information may be released outside of executive session of the
Committee if the release thereof is effected in a manner which
will not reveal the identity of such individual, partnership,
corporation, or entity: Provided, That the Committee by
majority vote may authorize the disclosure of the identity of
any such individual, partnership, corporation, or entity in
connection with any pending hearing or as a part of a duly
authorized report of the Committee if such release is deemed
essential to the performance of the functions of the Committee
and is in the public interest.
Joint Committee of Congress on the Library
DIANE FEINSTEIN, Senator from
California, Chairman
ROBERT A. BRADY, Representative
from Pennsylvania, Vice Chair*
SENATE HOUSE
CHRISTOPHER J. DODD, Connecticut ZOE LOFGREN, California
CHARLES E. SCHUMER, New York DEBBIE WASSERMAN SCHULTZ, Florida
Minority Senators Minority Members
ROBERT F. BENNETT, Utah VERNON J. EHLERS, Michigan
TED STEVENS, Alaska DANIEL E. LUNGREN, California
----------
*Elected Vice Chair of the Joint Committee on the Library following the
death of Rep. Juanita Millender-McDonald on April 22, 2007.
(Adopted April 18, 2007)
Title I.--Meeetings of the Committee
(1) Regular meetings may be called by the chairman, with
the concurrence of the vice-chairman, as may be deemed
necessary or pursuant to the provision of paragraph 3 of rule
XXVI of the Standing Rules of the Senate.
(2) Meetings of the committee, including meetings to
conduct hearings, shall be open to the public, except that a
meeting or series of meetings by the committee on the same
subject for a period of no more than 14 calendar days may be
closed to the public on a motion made and seconded to go into
closed session to discuss only whether the matters enumerated
in subparagraphs (A) through (F) would require the meeting to
be closed followed immediately by a recorded vote in open
session by a majority of the members of the committee when it
is determined that the matters to be discussed or the testimony
to be taken at such meeting or meetings--
(A) will disclose matters necessary to be kept secret
in the interests of national defense or the
confidential conduct of the foreign relations of the
United States;
(B) will relate solely to matters of the committee
staff personnel or internal staff management or
procedures;
(C) will tend to charge an individual with a crime or
misconduct, to disgrace or injure the professional
standing of an individual, or otherwise to expose an
individual to public contempt or obloquy, or will
represent a clearly unwarranted invasion of privacy of
an individual;
(D) will disclose the identity of any informer or law
enforcement agent or will disclose any information
relating to the investigation or prosecution of a
criminal offense that is required to be kept secret in
the interest of effective law enforcement;
(E) will disclose information relating to the trade
secrets or financial or commercial information
pertaining specifically to a given person if--
1. an Act of Congress requires the
information to be kept confidential by
Government officers and employees; or
2. the information has been obtained by the
Government on a confidential basis, other than
through an application by such person for a
specific Government financial or other benefit,
and is required to be kept secret in order to
prevent undue injury to the benefit, and is
required to be kept secret in order to prevent
undue injury to the competitive position of
such person; or
(F) may divulge matters required to be kept
confidential under the provisions of law or Government
regulation. (Paragraph 5(b) of rule XXVI of the
Standing Rules of the Senate.)
(3) Written notices of committee meetings will normally be
sent by the committee's staff director to all members at least
3 days in advance. In addition, the committee staff will email
or telephone reminders of committee meetings to all members of
the committee or to the appropriate staff assistants in their
offices.
(4) A copy of the committee's intended agenda enumerating
separate items of committee business will normally be sent to
all members of the committee by the staff director at least 1
day in advance of all meetings. This does not preclude any
member of the committee from raising appropriate non-agenda
topics.
(5) Any witness who is to appear before the committee in
any hearing shall file with the clerk of the committee at least
3 business days before the date of his or her appearance, a
written statement of his or her proposed testimony and an
executive summary thereof, in such form as the chairman may
direct, unless the chairman waived such a requirement for good
cause.
Title II.--Quorums
(1) Pursuant to paragraph 7(a)(1) of rule XXVI of the
Standing Rules, 4 members of the committee shall constitute a
quorum.
(2) Pursuant to paragraph 7(a)(2) of rule XXVI of the
Standing Rules, 2 members of the committee shall constitute a
quorum for the purpose of taking testimony; provided, however,
once a quorum is established, any one member can continue to
take such testimony.
(3) Under no circumstance may proxies be considered for the
establishment of a quorum.
Title III.--Voting
(1) Voting in the committee on any issue will normally be
by voice vote.
(2) If a third of the members present so demand, a recorded
vote will be taken on any question by rollcall.
(3) The results of the rollcall votes taken in any meeting
upon a measure, or any amendment thereto, shall be stated in
the committee report on that measure unless previously
announced by the committee, and such report or announcement
shall include a tabulation of the votes cast in favor and the
votes cast in opposition to each measure and amendment by each
member of the committee. (Paragraph 7(b) and (c) of rule XXVI
of the Standing Rules.)
(4) Proxy voting shall be allowed on all measures and
matters before the committee. However, the vote of the
committee to report a measure or matters shall require the
concurrence of a majority of the members of the committee who
are physically present at the time of the vote. Proxies will be
allowed in such cases solely for the purpose of recording a
member's position on the question and then only in those
instances when the absentee committee member has been informed
of the question and has affirmatively requested that he be
recorded. (Paragraph 7(a)(3) of rule XXVI of the Standing
Rules.)
Title IV.--Delegation of Authority to the Chairman and Vice Chairman
(1) The chairman and vice chairman are authorized to sign
all necessary vouchers and routine papers for which the
committee's approval is required and to decide on the
committee's behalf on all routine business.
(2) The chairman is authorized to engage commercial
reporters for the preparation of transcripts of committee
meetings and hearings.
(3) The chairman is authorized to issue, on behalf of the
committee, regulations normally promulgated by the committee at
the beginning of each session.
Joint Committee on Printing
ROBERT A. BRADY, Representative
from Pennsylvania, Chairman
DIANE FEINSTEIN, Senator from
California, Vice Chairman
SENATE HOUSE
DANIEL K. INOUYE, Hawaii MICHAEL E. CAPUANO, Massachusetts
PATTY MURRAY, Washington SUSAN A. DAVIS, California
Minority Senators Minority Members
ROBERT F. BENNETT, Utah VERNON J. EHLERS, Michigan
SAXBY CHAMBLISS, Georgia KEVIN McCARTHY, California
(Adopted April 18, 2007)
Rule 1.--Committee Rules
(a) The rules of the Senate and House insofar as they are
applicable, shall govern the Committee.
(b) The Committee's rules shall be published in the
Congressional Record as soon as possible following the
Committee's organizational meeting in each odd-numbered year.
(c) Where these rules require a vote of the members of the
Committee, polling of members either in writing or by telephone
shall not be permitted to substitute for a vote taken at a
Committee meeting, unless the ranking minority member assents
to waiver of this requirement.
(d) Proposals for amending Committee rules shall be sent to
all members at least one week before final action is taken
thereon, unless the amendment is made by unanimous consent.
Rule 2.--Regular Committee Meetings
(a) The regular meeting date of the Committee shall be the
second Wednesday of every month when the House and Senate are
in session. A regularly scheduled meeting need not be held if
there is no business to be considered and after appropriate
notification is made to the ranking minority member. Additional
meetings may be called by the Chairman, as he may deem
necessary or at the request of the majority of the members of
the Committee.
(b) If the Chairman of the Committee is not present at any
meeting of the Committee, the vice Chairman or ranking member
of the majority party on the Committee who is present shall
preside at the meeting.
Rule 3.--Quorum
(a) Five members of the Committee shall constitute a
quorum, which is required for the purpose of closing meetings,
promulgating Committee orders or changing the rules of the
Committee.
(b) Three members shall constitute a quorum for purposes of
taking testimony and receiving evidence.
Rule 4.--Proxies
(a) Written or telegraphic proxies of Committee members
will be received and recorded on any vote taken by the
Committee, except for the purpose of creating a quorum.
(b) Proxies will be allowed on any such votes for the
purpose of recording a member's position on a question only
when the absentee Committee member has been informed of the
question and has affirmatively requested that he be recorded.
Rule 5.--Open and Closed Meetings
(a) Each meeting for the transaction of business of the
Committee shall be open to the public except when the
Committee, in open session and with a quorum present,
determines by roll call vote that all or part of the remainder
of the meeting on that day shall be closed to the public. No
such vote shall be required to close a meeting that relates
solely to internal budget or personnel matters.
(b) No person other than members of the Committee, and such
congressional staff and other representatives as they may
authorize, shall be present in any business session that has
been closed to the public.
Rule 6.--Alternating Chairmanship and Vice-Chairmanship by Congresses
(a) The Chairmanship and vice Chairmanship of the Committee
shall alternate between the House and the Senate by Congresses:
The senior member of the minority party in the House of
Congress opposite of that of the Chairman shall be the ranking
minority member of the Committee.
(b) In the event the House and Senate are under different
party control, the Chairman and vice Chairman shall represent
the majority party in their respective Houses. When the
Chairman and vice Chairman represent different parties, the
vice Chairman shall also fulfill the responsibilities of the
ranking minority member as prescribed by these rules.
Rule 7.--Parliamentary Questions
Questions as to the order of business and the procedures of
Committee shall in the first instance be decided by the
Chairman; subject always to an appeal to the Committee.
Rule 8.--Hearings: Public Announcements and Witnesses
(a) The Chairman, in the case of hearings to be conducted
by the Committee, shall make public announcement of the date,
place and subject matter of any hearing to be conducted on any
measure or matter at least one week before the commencement of
that hearing unless the Committee determines that there is good
cause to begin such hearing at an earlier date. In the latter
event, the Chairman shall make such public announcement at the
earliest possible date. The staff director of the Committee
shall promptly notify the Daily Digest of the Congressional
Record as soon as possible after such public announcement is
made.
(b) So far as practicable, all witnesses appearing before
the Committee shall file advance written statements of their
proposed testimony at least 48 hours in advance of their
appearance and their oral testimony shall be limited to brief
summaries. Limited insertions or additional germane material
will be received for the record, subject to the approval of the
Chairman.
Rule 9.--Official Hearing Record
(a) An accurate stenographic record shall be kept of all
Committee proceedings and actions. Brief supplemental materials
when required to clarify the transcript may be inserted in the
record subject to the approval of the Chairman.
(b) Each member of the Committee shall be provided with a
copy of the hearing transcript for the purpose of correcting
errors of transcription and grammar, and clarifying questions
or remarks. If any other person is authorized by a Committee
Member to make his corrections, the staff director shall be so
notified.
(c) Members who have received unanimous consent to submit
written questions to witnesses shall be allowed two days within
which to submit these to the staff director for transmission to
the witnesses. The record may be held open for a period not to
exceed two weeks awaiting the responses by witnesses.
(d) A witness may obtain a transcript copy of his testimony
given at a public session or, if given at an executive session,
when authorized by the Committee. Testimony received in closed
hearings shall not be released or included in any report
without the approval of the Committee.
Rule 10.--Witnesses for Committee Hearings
(a) Selection of witnesses for Committee hearings shall be
made by the Committee staff under the direction of the
Chairman. A list of proposed witnesses shall be submitted to
the members of the Committee for review sufficiently in advance
of the hearings to permit suggestions by the Committee members
to receive appropriate consideration.
(b) The Chairman shall provide adequate time for
questioning of witnesses by all members, including minority
Members and the rule of germaneness shall be enforced in all
hearings notified.
(c) Whenever a hearing is conducted by the Committee upon
any measure or matter, the minority on the Committee shall be
entitled, upon unanimous request to the Chairman before the
completion of such hearings, to call witnesses selected by the
minority to testify with respect to the measure or matter
during at least one day of hearing thereon.
Rule 11.--Confidential Information Furnished to the Committee
The information contained in any books, papers or documents
furnished to the Committee by any individual, partnership,
corporation or other legal entity shall, upon the request of
the individual, partnership, corporation or entity furnishing
the same, be maintained in strict confidence by the members and
staff of the Committee, except that any such information may be
released outside of executive session of the Committee if the
release thereof is effected in a manner which will not reveal
the identity of such individual, partnership, corporation or
entity in connection with any pending hearing or as a part of a
duly authorized report of the Committee if such release is
deemed essential to the performance of the functions of the
Committee and is in the public interest.
Rule 12.--Broadcasting of Committee Hearings
The rule for broadcasting of Committee hearings shall be
the same as rule XI, clause 4, of the Rules of the House of
Representatives.
Rule 13.--Committee Reports
(a) No Committee report shall be made public or transmitted
to the Congress without the approval of a majority of the
Committee except when Congress has adjourned: provided that any
member of the Committee may make a report supplementary to or
dissenting from the majority report. Such supplementary or
dissenting reports should be as brief as possible.
(b) Factual reports by the Committee staff may be printed
for distribution to Committee members and the public only upon
authorization of the Chairman either with the approval of a
majority of the Committee or with the consent of the ranking
minority member.
Rule 14.--Confidentiality of Committee Reports
No summary of a Committee report, prediction of the
contents of a report, or statement of conclusions concerning
any investigation shall be made by a member of the Committee or
by any staff member of the Committee prior to the issuance of a
report of the Committee.
Rule 15.--Committee Staff
(a) The Committee shall have a staff director, selected by
the Chairman. The staff director shall be an employee of the
House of Representatives or of the Senate.
(b) The Ranking Minority Member may designate an employee
of the House of Representatives or of the Senate as the
minority staff director.
(c) The staff director, under the general supervision of
the Chairman, is authorized to deal directly with agencies of
the Government and with non-Government groups and individuals
on behalf of the Committee.
(d) The Chairman or staff director shall timely notify the
Ranking Minority Member or the minority staff director of
decisions made on behalf of the Committee.
Rule 16.--Committee Chairman
The Chairman of the Committee may establish such other
procedures and take such actions as may be necessary to carry
out the foregoing rules or to facilitate the effective
operation of the Committee. Specifically, the Chairman is
authorized, during the interim periods between meetings of the
Committee, to act on all requests submitted by any executive
department, independent agency, temporary or permanent
commissions and committees of the Federal Government, the
Government Printing Office and any other Federal entity,
pursuant to the requirements of applicable Federal law and
regulations.
Joint Committee on Taxation
CHARLES B. RANGEL, Representative
from New York, Chairman
MAX BAUCUS, Senator from Montana,
Vice Chairman
SENATE HOUSE
JOHN D. ROCKEFELLER IV, FORTNEY PETE STARK, California
West Virginia SANDER M. LEVIN, Michigan
KENT CONRAD, North Dakota
Minority Senators Minority Members
CHUCK GRASSLEY, Iowa JIM MCCRERY, Louisiana
ORRIN G. HATCH, Utah WALLY HERGER, California
A description of the Joint Committee on Taxation and the
rules by which it functions can be found in the United States
of America Internal Revenue Code, Title 26. Therefore, the
Joint Committee does not adopt written rules.
=======================================================================
APPENDIX
=======================================================================
Rule X
Organization of Committees
COMMITTEES AND THEIR LEGISLATIVE JURISDICTIONS
1. There shall be in the House the following standing
committees, each of which shall have the jurisdiction and
related functions assigned by this clause and clauses 2, 3, and
4. All bills, resolutions, and other matters relating to
subjects within the jurisdiction of the standing committees
listed in this clause shall be referred to those committees, in
accordance with clause 2 of rule XII, as follows:
(a) Committee on Agriculture.
(1) Adulteration of seeds, insect pests, and protection of
birds and animals in forest reserves.
(2) Agriculture generally.
(3) Agricultural and industrial chemistry.
(4) Agricultural colleges and experiment stations.
(5) Agricultural economics and research.
(6) Agricultural education extension services.
(7) Agricultural production and marketing and stabilization
of prices of agricultural products, and commodities (not
including distribution outside of the United States).
(8) Animal industry and diseases of animals.
(9) Commodity exchanges.
(10) Crop insurance and soil conservation.
(11) Dairy industry.
(12) Entomology and plant quarantine.
(13) Extension of farm credit and farm security.
(14) Inspection of livestock, poultry, meat products, and
seafood and seafood products.
(15) Forestry in general and forest reserves other than
those created from the public domain.
(16) Human nutrition and home economics.
(17) Plant industry, soils, and agricultural engineering.
(18) Rural electrification.
(19) Rural development.
(20) Water conservation related to activities of the
Department of Agriculture.
(b) Committee on Appropriations.
(1) Appropriation of the revenue for the support of the
Government.
(2) Rescissions of appropriations contained in
appropriation Acts.
(3) Transfers of unexpended balances.
(4) Bills and joint resolutions reported by other
committees that provide new entitlement authority as defined in
section 3(9) of the Congressional Budget Act of 1974 and
referred to the committee under clause 4(a)(2).
(c) Committee on Armed Services.
(1) Ammunition depots; forts; arsenals; and Army, Navy, and
Air Force reservations and establishments.
(2) Common defense generally.
(3) Conservation, development, and use of naval petroleum
and oil shale reserves.
(4) The Department of Defense generally, including the
Departments of the Army, Navy, and Air Force, generally.
(5) Interoceanic canals generally, including measures
relating to the maintenance, operation, and administration of
interoceanic canals.
(6) Merchant Marine Academy and State Maritime Academies.
(7) Military applications of nuclear energy.
(8) Tactical intelligence and intelligence-related
activities of the Department of Defense.
(9) National security aspects of merchant marine, including
financial assistance for the construction and operation of
vessels, maintenance of the U.S. shipbuilding and ship repair
industrial base, cabotage, cargo preference, and merchant
marine officers and seamen as these matters relate to the
national security.
(10) Pay, promotion, retirement, and other benefits and
privileges of members of the armed forces.
(11) Scientific research and development in support of the
armed services.
(12) Selective service.
(13) Size and composition of the Army, Navy, Marine Corps,
and Air Force.
(14) Soldiers' and sailors' homes.
(15) Strategic and critical materials necessary for the
common defense.
(d) Committee on the Budget.
(1) Concurrent resolutions on the budget (as defined in
section 3(4) of the Congressional Budget Act of 1974), other
matters required to be referred to the committee under titles
III and IV of that Act, and other measures setting forth
appropriate levels of budget totals for the United States
Government.
(2) Budget process generally.
(3) Establishment, extension, and enforcement of special
controls over the Federal budget, including the budgetary
treatment of off budget Federal agencies and measures providing
exemption from reduction under any order issued under part C of
the Balanced Budget and Emergency Deficit Control Act of 1985.
(e) Committee on Education and Labor.
(1) Child labor.
(2) Gallaudet University and Howard University and
Hospital.
(3) Convict labor and the entry of goods made by convicts
into interstate commerce.
(4) Food programs for children in schools.
(5) Labor standards and statistics.
(6) Education or labor generally.
(7) Mediation and arbitration of labor disputes.
(8) Regulation or prevention of importation of foreign
laborers under contract.
(9) Workers' compensation.
(10) Vocational rehabilitation.
(11) Wages and hours of labor.
(12) Welfare of miners.
(13) Work incentive programs.
(f) Committee on Energy and Commerce.
(1) Biomedical research and development.
(2) Consumer affairs and consumer protection.
(3) Health and health facilities (except health care
supported by payroll deductions).
(4) Interstate energy compacts.
(5) Interstate and foreign commerce generally.
(6) Exploration, production, storage, supply, marketing,
pricing, and regulation of energy resources, including all
fossil fuels, solar energy, and other unconventional or
renewable energy resources.
(7) Conservation of energy resources.
(8) Energy information generally.
(9) The generation and marketing of power (except by
federally chartered or Federal regional power marketing
authorities); reliability and interstate transmission of, and
ratemaking for, all power; and siting of generation facilities
(except the installation of interconnections between Government
waterpower projects).
(10) General management of the Department of Energy and
management and all functions of the Federal Energy Regulatory
Commission.
(11) National energy policy generally.
(12) Public health and quarantine.
(13) Regulation of the domestic nuclear energy industry,
including regulation of research and development reactors and
nuclear regulatory research.
(14) Regulation of interstate and foreign communications.
(15) Travel and tourism.
The committee shall have the same jurisdiction with respect
to regulation of nuclear facilities and of use of nuclear
energy as it has with respect to regulation of nonnuclear
facilities and of use of nonnuclear energy.
(g) Committee on Financial Services.
(1) Banks and banking, including deposit insurance and
Federal monetary policy.
(2) Economic stabilization, defense production,
renegotiation, and control of the price of commodities, rents,
and services.
(3) Financial aid to commerce and industry (other than
transportation).
(4) Insurance generally.
(5) International finance.
(6) International financial and monetary organizations.
(7) Money and credit, including currency and the issuance
of notes and redemption thereof; gold and silver, including the
coinage thereof; valuation and revaluation of the dollar.
(8) Public and private housing.
(9) Securities and exchanges.
(10) Urban development.
(h) Committee on Foreign Affairs.
(1) Relations of the United States with foreign nations
generally.
(2) Acquisition of land and buildings for embassies and
legations in foreign countries.
(3) Establishment of boundary lines between the United
States and foreign nations.
(4) Export controls, including nonproliferation of nuclear
technology and nuclear hardware.
(5) Foreign loans.
(6) International commodity agreements (other than those
involving sugar), including all agreements for cooperation in
the export of nuclear technology and nuclear hardware.
(7) International conferences and congresses.
(8) International education.
(9) Intervention abroad and declarations of war.
(10) Diplomatic service.
(11) Measures to foster commercial intercourse with foreign
nations and to safeguard American business interests abroad.
(12) International economic policy.
(13) Neutrality.
(14) Protection of American citizens abroad and
expatriation.
(15) The American National Red Cross.
(16) Trading with the enemy.
(17) United Nations organizations.
(i) Committee on Homeland Security.
(1) Overall homeland security policy.
(2) Organization and administration of the Department of
Homeland Security.
(3) Functions of the Department of Homeland Security
relating to the following:
(A) Border and port security (except immigration policy and
non-border enforcement).
(B) Customs (except customs revenue).
(C) Integration, analysis, and dissemination of homeland
security information.
(D) Domestic preparedness for and collective response to
terrorism.
(E) Research and development.
(F) Transportation security.
(j) Committee on House Administration.
(1) Appropriations from accounts for committee salaries and
expenses (except for the Committee on Appropriations); House
Information Resources; and allowance and expenses of Members,
Delegates, the Resident Commissioner, officers, and
administrative offices of the House.
(2) Auditing and settling of all accounts described in
subparagraph (1).
(3) Employment of persons by the House, including staff for
Members, Delegates, the Resident Commissioner, and committees;
and reporters of debates, subject to rule VI.
(4) Except as provided in paragraph (r)(11), the Library of
Congress, including management thereof; the House Library;
statuary and pictures; acceptance or purchase of works of art
for the Capitol; the Botanic Garden; and purchase of books and
manuscripts.
(5) The Smithsonian Institution and the incorporation of
similar institutions (except as provided in paragraph (r)(11)).
(6) Expenditure of accounts described in subparagraph (1).
(7) Franking Commission.
(8) Printing and correction of the Congressional Record.
(9) Accounts of the House generally.
(10) Assignment of office space for Members, Delegates, the
Resident Commissioner, and committees.
(11) Disposition of useless executive papers.
(12) Election of the President, Vice President, Members,
Senators, Delegates, or the Resident Commissioner; corrupt
practices; contested elections; credentials and qualifications;
and Federal elections generally.
(13) Services to the House, including the House Restaurant,
parking facilities, and administration of the House Office
Buildings and of the House wing of the Capitol.
(14) Travel of Members, Delegates, and the Resident
Commissioner.
(15) Raising, reporting, and use of campaign contributions
for candidates for office of Representative, of Delegate, and
of Resident Commissioner.
(16) Compensation, retirement, and other benefits of the
Members, Delegates, the Resident Commissioner, officers, and
employees of Congress.
(k) Committee on the Judiciary.
(1) The judiciary and judicial proceedings, civil and
criminal.
(2) Administrative practice and procedure.
(3) Apportionment of Representatives.
(4) Bankruptcy, mutiny, espionage, and counterfeiting.
(5) Civil liberties.
(6) Constitutional amendments.
(7) Criminal law enforcement.
(8) Federal courts and judges, and local courts in the
Territories and possessions.
(9) Immigration policy and nonborder enforcement.
(10) Interstate compacts generally.
(11) Claims against the United States.
(12) Meetings of Congress; attendance of Members,
Delegates, and the Resident Commissioner; and their acceptance
of incompatible offices.
(13) National penitentiaries.
(14) Patents, the Patent and Trademark Office, copyrights,
and trademarks.
(15) Presidential succession.
(16) Protection of trade and commerce against unlawful
restraints and monopolies.
(17) Revision and codification of the Statutes of the
United States.
(18) State and territorial boundary lines.
(19) Subversive activities affecting the internal security
of the United States.
(l) Committee on Natural Resources.
(1) Fisheries and wildlife, including research,
restoration, refuges, and conservation.
(2) Forest reserves and national parks created from the
public domain.
(3) Forfeiture of land grants and alien ownership,
including alien ownership of mineral lands.
(4) Geological Survey.
(5) International fishing agreements.
(6) Interstate compacts relating to apportionment of waters
for irrigation purposes.
(7) Irrigation and reclamation, including water supply for
reclamation projects and easements of public lands for
irrigation projects; and acquisition of private lands when
necessary to complete irrigation projects.
(8) Native Americans generally, including the care and
allotment of Native American lands and general and special
measures relating to claims that are paid out of Native
American funds.
(9) Insular possessions of the United States generally
(except those affecting the revenue and appropriations).
(10) Military parks and battlefields, national cemeteries
administered by the Secretary of the Interior, parks within the
District of Columbia, and the erection of monuments to the
memory of individuals.
(11) Mineral land laws and claims and entries thereunder.
(12) Mineral resources of public lands.
(13) Mining interests generally.
(14) Mining schools and experimental stations.
(15) Marine affairs, including coastal zone management
(except for measures relating to oil and other pollution of
navigable waters).
(16) Oceanography.
(17) Petroleum conservation on public lands and
conservation of the radium supply in the United States.
(18) Preservation of prehistoric ruins and objects of
interest on the public domain.
(19) Public lands generally, including entry, easements,
and grazing thereon.
(20) Relations of the United States with Native Americans
and Native American tribes.
(21) Trans-Alaska Oil Pipeline (except ratemaking).
(m) Committee on Oversight and Government Reform.
(1) Federal civil service, including intergovernmental
personnel; and the status of officers and employees of the
United States, including their compensation, classification,
and retirement.
(2) Municipal affairs of the District of Columbia in
general (other than appropriations).
(3) Federal paperwork reduction.
(4) Government management and accounting measures
generally.
(5) Holidays and celebrations.
(6) Overall economy, efficiency, and management of
government operations and activities, including Federal
procurement.
(7) National archives.
(8) Population and demography generally, including the
Census.
(9) Postal service generally, including transportation of
the mails.
(10) Public information and records.
(11) Relationship of the Federal Government to the States
and municipalities generally.
(12) Reorganizations in the executive branch of the
Government.
(n) Committee on Rules.
(1) Rules and joint rules (other than those relating to the
Code of Official Conduct) and the order of business of the
House.
(2) Recesses and final adjournments of Congress.
(o) Committee on Science and Technology.
(1) All energy research, development, and demonstration,
and projects therefor, and all federally owned or operated
nonmilitary energy laboratories.
(2) Astronautical research and development, including
resources, personnel, equipment, and facilities.
(3) Civil aviation research and development.
(4) Environmental research and development.
(5) Marine research.
(6) Commercial application of energy technology.
(7) National Institute of Standards and Technology,
standardization of weights and measures, and the metric system.
(8) National Aeronautics and Space Administration.
(9) National Space Council.
(10) National Science Foundation.
(11) National Weather Service.
(12) Outer space, including exploration and control
thereof.
(13) Science scholarships.
(14) Scientific research, development, and demonstration,
and projects therefor.
(p) Committee on Small Business.
(1) Assistance to and protection of small business,
including financial aid, regulatory flexibility, and paperwork
reduction.
(2) Participation of small-business enterprises in Federal
procurement and Government contracts.
(q) Committee on Standards of Official Conduct.
The Code of Official Conduct.
(r) Committee on Transportation and Infrastructure.
(1) Coast Guard, including lifesaving service, lighthouses,
lightships, ocean derelicts, and the Coast Guard Academy.
(2) Federal management of emergencies and natural
disasters.
(3) Flood control and improvement of rivers and harbors.
(4) Inland waterways.
(5) Inspection of merchant marine vessels, lights and
signals, lifesaving equipment, and fire protection on such
vessels.
(6) Navigation and laws relating thereto, including
pilotage.
(7) Registering and licensing of vessels and small boats.
(8) Rules and international arrangements to prevent
collisions at sea.
(9) The Capitol Building and the Senate and House Office
Buildings.
(10) Construction or maintenance of roads and post roads
(other than appropriations therefor).
(11) Construction or reconstruction, maintenance, and care
of buildings and grounds of the Botanic Garden, the Library of
Congress, and the Smithsonian Institution.
(12) Merchant marine (except for national security aspects
thereof).
(13) Purchase of sites and construction of post offices,
customhouses, Federal courthouses, and Government buildings
within the District of Columbia.
(14) Oil and other pollution of navigable waters, including
inland, coastal, and ocean waters.
(15) Marine affairs, including coastal zone management, as
they relate to oil and other pollution of navigable waters.
(16) Public buildings and occupied or improved grounds of
the United States generally.
(17) Public works for the benefit of navigation, including
bridges and dams (other than international bridges and dams).
(18) Related transportation regulatory agencies (except the
Transportation Security Administration).
(19) Roads and the safety thereof.
(20) Transportation, including civil aviation, railroads,
water transportation, transportation safety (except automobile
safety and transportation security functions of the Department
of Homeland Security), transportation infrastructure,
transportation labor, and railroad retirement and unemployment
(except revenue measures related thereto).
(21) Water power.
(s) Committee on Veterans' Affairs.
(1) Veterans' measures generally.
(2) Cemeteries of the United States in which veterans of
any war or conflict are or may be buried, whether in the United
States or abroad (except cemeteries administered by the
Secretary of the Interior).
(3) Compensation, vocational rehabilitation, and education
of veterans.
(4) Life insurance issued by the Government on account of
service in the Armed Forces.
(5) Pensions of all the wars of the United States, general
and special.
(6) Readjustment of servicemembers to civil life.
(7) Servicemembers' civil relief.
(8) Veterans' hospitals, medical care, and treatment of
veterans.
(t) Committee on Ways and Means.
(1) Customs revenue, collection districts, and ports of
entry and delivery.
(2) Reciprocal trade agreements.
(3) Revenue measures generally.
(4) Revenue measures relating to insular possessions.
(5) Bonded debt of the United States, subject to the last
sentence of clause 4(f).
(6) Deposit of public monies.
(7) Transportation of dutiable goods.
(8) Tax exempt foundations and charitable trusts.
(9) National social security (except health care and
facilities programs that are supported from general revenues as
opposed to payroll deductions and except work incentive
programs).
GENERAL OVERSIGHT RESPONSIBILITIES
2. (a) The various standing committees shall have general
oversight responsibilities as provided in paragraph (b) in
order to assist the House in--
(1) its analysis, appraisal, and evaluation of--
(A) the application, administration,
execution, and effectiveness of Federal laws;
and
(B) conditions and circumstances that may
indicate the necessity or desirability of
enacting new or additional legislation; and
(2) its formulation, consideration, and enactment of
changes in Federal laws, and of such additional
legislation as may be necessary or appropriate.
(b)(1) In order to determine whether laws and programs
addressing subjects within the jurisdiction of a committee are
being implemented and carried out in accordance with the intent
of Congress and whether they should be continued, curtailed, or
eliminated, each standing committee (other than the Committee
on Appropriations) shall review and study on a continuing
basis--
(A) the application, administration, execution, and
effectiveness of laws and programs addressing subjects
within its jurisdiction;
(B) the organization and operation of Federal
agencies and entities having responsibilities for the
administration and execution of laws and programs
addressing subjects within its jurisdiction;
(C) any conditions or circumstances that may indicate
the necessity or desirability of enacting new or
additional legislation addressing subjects within its
jurisdiction (whether or not a bill or resolution has
been introduced with respect thereto); and
(D) future research and forecasting on subjects
within its jurisdiction.
(2) Each committee to which subparagraph (1) applies having
more than 20 members shall establish an oversight subcommittee,
or require its subcommittees to conduct oversight in their
respective jurisdictions, to assist in carrying out its
responsibilities under this clause. The establishment of an
oversight subcommittee does not limit the responsibility of a
subcommittee with legislative jurisdiction in carrying out its
oversight responsibilities.
(c) Each standing committee shall review and study on a
continuing basis the impact or probable impact of tax policies
affecting subjects within its jurisdiction as described in
clauses 1 and 3.
(d)(1) Not later than February 15 of the first session of a
Congress, each standing committee shall, in a meeting that is
open to the public and with a quorum present, adopt its
oversight plan for that Congress. Such plan shall be submitted
simultaneously to the Committee on Oversight and Government
Reform and to the Committee on House Administration. In
developing its plan each committee shall, to the maximum extent
feasible--
(A) consult with other committees that have
jurisdiction over the same or related laws, programs,
or agencies within its jurisdiction with the objective
of ensuring maximum coordination and cooperation among
committees when conducting reviews of such laws,
programs, or agencies and include in its plan an
explanation of steps that have been or will be taken to
ensure such coordination and cooperation;
(B) review specific problems with Federal rules,
regulations, statutes, and court decisions that are
ambiguous, arbitrary, or nonsensical, or that impose
severe financial burdens on individuals;
(C) give priority consideration to including in its
plan the review of those laws, programs, or agencies
operating under permanent budget authority or permanent
statutory authority;
(D) have a view toward ensuring that all significant
laws, programs, or agencies within its jurisdiction are
subject to review every 10 years; and
(E) have a view toward insuring against duplication
of Federal programs.
(2) Not later than March 31 in the first session of a
Congress, after consultation with the Speaker, the Majority
Leader, and the Minority Leader, the Committee on Oversight and
Government Reform shall report to the House the oversight plans
submitted by committees together with any recommendations that
it, or the House leadership group described above, may make to
ensure the most effective coordination of oversight plans and
otherwise to achieve the objectives of this clause.
(e) The Speaker, with the approval of the House, may
appoint special ad hoc oversight committees for the purpose of
reviewing specific matters within the jurisdiction of two or
more standing committees.
SPECIAL OVERSIGHT FUNCTIONS
3. (a) The Committee on Appropriations shall conduct such
studies and examinations of the organization and operation of
executive departments and other executive agencies (including
an agency the majority of the stock of which is owned by the
United States) as it considers necessary to assist it in the
determination of matters within its jurisdiction.
(b) The Committee on Armed Services shall review and study
on a continuing basis laws, programs, and Government activities
relating to international arms control and disarmament and the
education of military dependents in schools.
(c) The Committee on the Budget shall study on a continuing
basis the effect on budget outlays of relevant existing and
proposed legislation and report the results of such studies to
the House on a recurring basis.
(d) The Committee on Education and Labor shall review,
study, and coordinate on a continuing basis laws, programs, and
Government activities relating to domestic educational programs
and institutions and programs of student assistance within the
jurisdiction of other committees.
(e) The Committee on Energy and Commerce shall review and
study on a continuing basis laws, programs, and Government
activities relating to nuclear and other energy and nonmilitary
nuclear energy research and development including the disposal
of nuclear waste.
(f) The Committee on Foreign Affairs shall review and study
on a continuing basis laws, programs, and Government activities
relating to customs administration, intelligence activities
relating to foreign policy, international financial and
monetary organizations, and international fishing agreements.
(g) The Committee on Homeland Security shall review and
study on a continuing basis all Government activities relating
to homeland security, including the interaction of all
departments and agencies with the Department of Homeland
Security.
(h) The Committee on Natural Resources shall review and
study on a continuing basis laws, programs, and Government
activities relating to Native Americans.
(i) The Committee on Oversight and Government Reform shall
review and study on a continuing basis the operation of
Government activities at all levels with a view to determining
their economy and efficiency.
(j) The Committee on Rules shall review and study on a
continuing basis the congressional budget process, and the
committee shall report its findings and recommendations to the
House from time to time.
(k) The Committee on Science and Technology shall review
and study on a continuing basis laws, programs, and Government
activities relating to nonmilitary research and development.
(l) The Committee on Small Business shall study and
investigate on a continuing basis the problems of all types of
small business.
(m) The Permanent Select Committee on Intelligence shall
review and study on a continuing basis laws, programs, and
activities of the intelligence community and shall review and
study on an exclusive basis the sources and methods of entities
described in clause 11(b)(1)(A).
ADDITIONAL FUNCTIONS OF COMMITTEES
4. (a)(1)(A) The Committee on Appropriations shall, within
30 days after the transmittal of the Budget to Congress each
year, hold hearings on the Budget as a whole with particular
reference to--
(i) the basic recommendations and budgetary policies
of the President in the presentation of the Budget; and
(ii) the fiscal, financial, and economic assumptions
used as bases in arriving at total estimated
expenditures and receipts.
(B) In holding hearings under subdivision (A), the
committee shall receive testimony from the Secretary of the
Treasury, the Director of the Office of Management and Budget,
the Chairman of the Council of Economic Advisers, and such
other persons as the committee may desire.
(C) A hearing under subdivision (A), or any part thereof,
shall be held in open session, except when the committee, in
open session and with a quorum present, determines by record
vote that the testimony to be taken at that hearing on that day
may be related to a matter of national security. The committee
may by the same procedure close one subsequent day of hearing.
A transcript of all such hearings shall be printed and a copy
thereof furnished to each Member, Delegate, and the Resident
Commissioner.
(D) A hearing under subdivision (A), or any part thereof,
may be held before a joint meeting of the committee and the
Committee on Appropriations of the Senate in accordance with
such procedures as the two committees jointly may determine.
(2) Pursuant to section 401(b)(2) of the Congressional
Budget Act of 1974, when a committee reports a bill or joint
resolution that provides new entitlement authority as defined
in section 3(9) of that Act, and enactment of the bill or joint
resolution, as reported, would cause a breach of the
committee's pertinent allocation of new budget authority under
section 302(a) of that Act, the bill or joint resolution may be
referred to the Committee on Appropriations with instructions
to report it with recommendations (which may include an
amendment limiting the total amount of new entitlement
authority provided in the bill or joint resolution). If the
Committee on Appropriations fails to report a bill or joint
resolution so referred within 15 calendar days (not counting
any day on which the House is not in session), the committee
automatically shall be discharged from consideration of the
bill or joint resolution, and the bill or joint resolution
shall be placed on the appropriate calendar.
(3) In addition, the Committee on Appropriations shall
study on a continuing basis those provisions of law that (on
the first day of the first fiscal year for which the
congressional budget process is effective) provide spending
authority or permanent budget authority and shall report to the
House from time to time its recommendations for terminating or
modifying such provisions.
(4) In the manner provided by section 302 of the
Congressional Budget Act of 1974, the Committee on
Appropriations (after consulting with the Committee on
Appropriations of the Senate) shall subdivide any allocations
made to it in the joint explanatory statement accompanying the
conference report on such concurrent resolution, and promptly
report the subdivisions to the House as soon as practicable
after a concurrent resolution on the budget for a fiscal year
is agreed to.
(5)(A) There is established a Select Intelligence Oversight
Panel of the Committee on Appropriations (hereinafter in this
paragraph referred to as the ``select panel''). The select
panel shall be composed of not more than 13 Members, Delegates,
or the Resident Commissioner appointed by the Speaker, of whom
not more than eight may be from the same political party. The
select panel shall include the chairman and ranking minority
member of the Committee on Appropriations, the chairman and
ranking minority member of its Subcommittee on Defense, six
additional members of the Committee on Appropriations, and
three members of the Permanent Select Committee on
Intelligence.
(B) The Speaker shall designate one member of the select
panel as its chairman and one member as its ranking minority
member.
(C) Each member on the select panel shall be treated as
though a member of the Committee on Appropriations for purposes
of the select panel.
(D) The select panel shall review and study on a continuing
basis budget requests for and execution of intelligence
activities; make recommendations to relevant subcommittees of
the Committee on Appropriations; and, on an annual basis,
prepare a report to the Defense Subcommittee of the Committee
on Appropriations containing budgetary and oversight
observations and recommendations for use by such subcommittee
in preparation of the classified annex to the bill making
appropriations for the Department of Defense.
(E) Rule XI shall apply to the select panel in the same
manner as a subcommittee (except for clause 2(m)(1)(B) of that
rule).
(F) A subpoena of the Committee on Appropriations or its
Subcommittee on Defense may specify terms of return to the
select panel.
(b) The Committee on the Budget shall--
(1) review on a continuing basis the conduct by the
Congressional Budget Office of its functions and
duties;
(2) hold hearings and receive testimony from Members,
Senators, Delegates, the Resident Commissioner, and
such appropriate representatives of Federal departments
and agencies, the general public, and national
organizations as it considers desirable in developing
concurrent resolutions on the budget for each fiscal
year;
(3) make all reports required of it by the
Congressional Budget Act of 1974;
(4) study on a continuing basis those provisions of
law that exempt Federal agencies or any of their
activities or outlays from inclusion in the Budget of
the United States Government, and report to the House
from time to time its recommendations for terminating
or modifying such provisions;
(5) study on a continuing basis proposals designed to
improve and facilitate the congressional budget
process, and report to the House from time to time the
results of such studies, together with its
recommendations; and
(6) request and evaluate continuing studies of tax
expenditures, devise methods of coordinating tax
expenditures, policies, and programs with direct budget
outlays, and report the results of such studies to the
House on a recurring basis.
(c)(1) The Committee on Oversight and Government Reform
shall--
(A) receive and examine reports of the Comptroller
General of the United States and submit to the House
such recommendations as it considers necessary or
desirable in connection with the subject matter of the
reports;
(B) evaluate the effects of laws enacted to
reorganize the legislative and executive branches of
the Government; and
(C) study intergovernmental relationships between the
United States and the States and municipalities and
between the United States and international
organizations of which the United States is a member.
(2) In addition to its duties under subparagraph (1), the
Committee on Oversight and Government Reform may at any time
conduct investigations of any matter without regard to clause
1, 2, 3, or this clause conferring jurisdiction over the matter
to another standing committee. The findings and recommendations
of the committee in such an investigation shall be made
available to any other standing committee having jurisdiction
over the matter involved.
(3)(A) The Committee on Oversight and Government Reform may
adopt a rule authorizing and regulating the taking of
depositions by a member or counsel of the committee, including
pursuant to subpoena under clause 2(m) of rule XI (which hereby
is made applicable for such purpose).
(B) A rule adopted by the committee pursuant to this
subparagraph--
(i) may provide that a deponent be directed to
subscribe an oath or affirmation before a person
authorized by law to administer the same; and
(ii) shall ensure that the minority members and staff
of the committee are accorded equitable treatment with
respect to notice of and a reasonable opportunity to
participate in any proceeding conducted thereunder.
(C) Information secured pursuant to the authority described
in subdivision (A) shall retain the character of discovery
until offered for admission in evidence before the committee,
at which time any proper objection shall be timely.
(d)(1) The Committee on House Administration shall--
(A) provide policy direction for the Inspector
General and oversight of the Clerk, Sergeant-at-Arms,
Chief Administrative Officer, and Inspector General;
(B) have the function of accepting on behalf of the
House a gift, except as otherwise provided by law, if
the gift does not involve a duty, burden, or condition,
or is not made dependent on some future performance by
the House; and
(C) promulgate regulations to carry out subdivision
(B).
(2) An employing office of the House may enter into a
settlement of a complaint under the Congressional
Accountability Act of 1995 that provides for the payment of
funds only after receiving the joint approval of the chairman
and ranking minority member of the Committee on House
Administration concerning the amount of such payment.
(e)(1) Each standing committee shall, in its consideration
of all public bills and public joint resolutions within its
jurisdiction, ensure that appropriations for continuing
programs and activities of the Federal Government and the
government of the District of Columbia will be made annually to
the maximum extent feasible and consistent with the nature,
requirement, and objective of the programs and activities
involved. In this subparagraph programs and activities of the
Federal Government and the government of the District of
Columbia includes programs and activities of any department,
agency, establishment, wholly owned Government corporation, or
instrumentality of the Federal Government or of the government
of the District of Columbia.
(2) Each standing committee shall review from time to time
each continuing program within its jurisdiction for which
appropriations are not made annually to ascertain whether the
program should be modified to provide for annual
appropriations.
BUDGET ACT RESPONSIBILITIES
(f)(1) Each standing committee shall submit to the
Committee on the Budget not later than six weeks after the
President submits his budget, or at such time as the Committee
on the Budget may request--
(A) its views and estimates with respect to all
matters to be set forth in the concurrent resolution on
the budget for the ensuing fiscal year that are within
its jurisdiction or functions; and
(B) an estimate of the total amounts of new budget
authority, and budget outlays resulting therefrom, to
be provided or authorized in all bills and resolutions
within its jurisdiction that it intends to be effective
during that fiscal year.
(2) The views and estimates submitted by the Committee on
Ways and Means under subparagraph (1) shall include a specific
recommendation, made after holding public hearings, as to the
appropriate level of the public debt that should be set forth
in the concurrent resolution on the budget.
ELECTION AND MEMBERSHIP OF STANDING COMMITTEES
5. (a)(1) The standing committees specified in clause 1
shall be elected by the House within seven calendar days after
the commencement of each Congress, from nominations submitted
by the respective party caucus or conference. A resolution
proposing to change the composition of a standing committee
shall be privileged if offered by direction of the party caucus
or conference concerned.
(2)(A) The Committee on the Budget shall be composed of
members as follows:
(i) Members, Delegates, or the Resident Commissioner
who are members of other standing committees, including
five from the Committee on Appropriations, five from
the Committee on Ways and Means, and one from the
Committee on Rules;
(ii) one Member designated by the elected leadership
of the majority party; and
(iii) one Member designated by the elected leadership
of the minority party.
(B) Except as permitted by subdivision (C), a member of the
Committee on the Budget other than one described in subdivision
(A)(ii) or (A)(iii) may not serve on the committee during more
than four Congresses in a period of six successive Congresses
(disregarding for this purpose any service for less than a full
session in a Congress).
(C) In the case of a Member, Delegate, or Resident
Commissioner elected to serve as the chairman or the ranking
minority member of the committee, tenure on the committee shall
be limited only by paragraph (c)(2) of this clause.
(3)(A) The Committee on Standards of Official Conduct shall
be composed of 10 members, five from the majority party and
five from the minority party.
(B) Except as permitted by subdivision (C), a member of the
Committee on Standards of Official Conduct may not serve on the
committee during more than three Congresses in a period of five
successive Congresses (disregarding for this purpose any
service for less than a full session in a Congress).
(C) A member of the Committee on Standards of Official
Conduct may serve on the committee during a fourth Congress in
a period of five successive Congresses only as either the
chairman or the ranking minority member of the committee.
(4)(A) At the beginning of a Congress, the Speaker or his
designee and the Minority Leader or his designee each shall
name 10 Members, Delegates, or the Resident Commissioner from
his respective party who are not members of the Committee on
Standards of Official Conduct to be available to serve on
investigative subcommittees of that committee during that
Congress. The lists of Members, Delegates, or the Resident
Commissioner so named shall be announced to the House.
(B) Whenever the chairman and the ranking minority member
of the Committee on Standards of Official Conduct jointly
determine that Members, Delegates, or the Resident Commissioner
named under subdivision (A) should be assigned to serve on an
investigative subcommittee of that committee, each of them
shall select an equal number of such Members, Delegates, or
Resident Commissioner from his respective party to serve on
that subcommittee.
(b)(1) Membership on a standing committee during the course
of a Congress shall be contingent on continuing membership in
the party caucus or conference that nominated the Member,
Delegate, or Resident Commissioner concerned for election to
such committee. Should a Member, Delegate, or Resident
Commissioner cease to be a member of a particular party caucus
or conference, that Member, Delegate, or Resident Commissioner
shall automatically cease to be a member of each standing
committee to which he was elected on the basis of nomination by
that caucus or conference. The chairman of the relevant party
caucus or conference shall notify the Speaker whenever a
Member, Delegate, or Resident Commissioner ceases to be a
member of that caucus or conference. The Speaker shall notify
the chairman of each affected committee that the election of
such Member, Delegate, or Resident Commissioner to the
committee is automatically vacated under this subparagraph.
(2)(A) Except as specified in subdivision (B), a Member,
Delegate, or Resident Commissioner may not serve simultaneously
as a member of more than two standing committees or more than
four subcommittees of the standing committees.
(B)(i) Ex officio service by a chairman or ranking minority
member of a committee on each of its subcommittees under a
committee rule does not count against the limitation on
subcommittee service.
(ii) Service on an investigative subcommittee of the
Committee on Standards of Official Conduct under paragraph
(a)(4) does not count against the limitation on subcommittee
service.
(iii) Any other exception to the limitations in subdivision
(A) may be approved by the House on the recommendation of the
relevant party caucus or conference.
(C) In this subparagraph the term subcommittee'' includes a
panel (other than a special oversight panel of the Committee on
Armed Services), task force, special subcommittee, or other
subunit of a standing committee that is established for a
cumulative period longer than six months in a Congress.
(c)(1) One of the members of each standing committee shall
be elected by the House, on the nomination of the majority
party caucus or conference, as chairman thereof. In the
temporary absence of the chairman, the member next in rank (and
so on, as often as the case shall happen) shall act as
chairman. Rank shall be determined by the order members are
named in resolutions electing them to the committee. In the
case of a permanent vacancy in the elected chairmanship of a
committee, the House shall elect another chairman.
(2) Except in the case of the Committee on Rules, a member
of a standing committee may not serve as chairman of the same
standing committee, or of the same subcommittee of a standing
committee, during more than three consecutive Congresses
(disregarding for this purpose any service for less than a full
session in a Congress).
(d)(1) Except as permitted by subparagraph (2), a committee
may have not more than five subcommittees.
(2) A committee that maintains a subcommittee on oversight
may have not more than six subcommittees. The Committee on
Appropriations may have not more than 13 subcommittees. The
Committee on Oversight and Government Reform may have not more
than seven subcommittees.
(e) The House shall fill a vacancy on a standing committee
by election on the nomination of the respective party caucus or
conference.
EXPENSE RESOLUTIONS
6. (a) Whenever a committee, commission, or other entity
(other than the Committee on Appropriations) is granted
authorization for the payment of its expenses (including staff
salaries) for a Congress, authorization for the payment of
additional expenses (including staff salaries) in that Congress
may be procured by one or more supplemental expense resolutions
reported by the Committee on House Administration, as
necessary. A supplemental expense resolution reported to the
House may not be considered in the House unless a printed
report thereon was available on the previous calendar day. For
the information of the House, such report shall--
(1) state the total amount of additional funds to be
provided to the committee, commission, or other entity
under the supplemental expense resolution and the
purposes for which those additional funds are
available; and
(2) state the reasons for the failure to procure the
additional funds for the committee, commission, or
other entity by means of the primary expense
resolution.
(c) The preceding provisions of this clause do not apply
to--
(1) a resolution providing for the payment from
committee salary and expense accounts of the House of
sums necessary to pay compensation for staff services
performed for, or to pay other expenses of, a
committee, commission, or other entity at any time
after the beginning of an odd numbered year and before
the date of adoption by the House of the primary
expense resolution described in paragraph (a) for that
year; or
(2) a resolution providing each of the standing
committees in a Congress additional office equipment,
airmail and special-delivery postage stamps, supplies,
staff personnel, or any other specific item for the
operation of the standing committees, and containing an
authorization for the payment from committee salary and
expense accounts of the House of the expenses of any of
the foregoing items provided by that resolution,
subject to and until enactment of the provisions of the
resolution as permanent law.
(d) From the funds made available for the appointment of
committee staff by a primary or additional expense resolution,
the chairman of each committee shall ensure that sufficient
staff is made available to each subcommittee to carry out its
responsibilities under the rules of the committee and that the
minority party is treated fairly in the appointment of such
staff.
(e) Funds authorized for a committee under this clause and
clauses 7 and 8 are for expenses incurred in the activities of
the committee.
INTERIM FUNDING
7. (a) For the period beginning at noon on January 3 and
ending at midnight on March 31 in each odd-numbered year, such
sums as may be necessary shall be paid out of the committee
salary and expense accounts of the House for continuance of
necessary investigations and studies by--
(1) each standing and select committee established by
these rules; and
(2) except as specified in paragraph (b), each select
committee established by resolution.
(b) In the case of the first session of a Congress, amounts
shall be made available for a select committee established by
resolution in the preceding Congress only if--
(1) a resolution proposing to reestablish such select
committee is introduced in the present Congress; and
(2) the House has not adopted a resolution of the
preceding Congress providing for termination of funding
for investigations and studies by such select
committee.
(c) Each committee described in paragraph (a) shall be
entitled for each month during the period specified in
paragraph (a) to 9 percent (or such lesser percentage as may be
determined by the Committee on House Administration) of the
total annualized amount made available under expense
resolutions for such committee in the preceding session of
Congress.
(d) Payments under this clause shall be made on vouchers
authorized by the committee involved, signed by the chairman of
the committee, except as provided in paragraph (e), and
approved by the Committee on House Administration.
(e) Notwithstanding any provision of law, rule of the
House, or other authority, from noon on January 3 of the first
session of a Congress until the election by the House of the
committee concerned in that Congress, payments under this
clause shall be made on vouchers signed by--
(1) the member of the committee who served as
chairman of the committee at the expiration of the
preceding Congress; or
(2) if the chairman is not a Member, Delegate, or
Resident Commissioner in the present Congress, then the
ranking member of the committee as it was constituted
at the expiration of the preceding Congress who is a
member of the majority party in the present Congress.
(f)(1) The authority of a committee to incur expenses under
this clause shall expire upon adoption by the House of a
primary expense resolution for the committee.
(2) Amounts made available under this clause shall be
expended in accordance with regulations prescribed by the
Committee on House Administration.
(3) This clause shall be effective only insofar as it is
not inconsistent with a resolution reported by the Committee on
House Administration and adopted by the House after the
adoption of these rules.
TRAVEL
8. (a) Local currencies owned by the United States shall be
made available to the committee and its employees engaged in
carrying out their official duties outside the United States or
its territories or possessions. Appropriated funds, including
those authorized under this clause and clauses 6 and 8, may not
be expended for the purpose of defraying expenses of members of
a committee or its employees in a country where local
currencies are available for this purpose.
(b) The following conditions shall apply with respect to
travel outside the United States or its territories or
possessions:
(1) A member or employee of a committee may not
receive or expend local currencies for subsistence in a
country for a day at a rate in excess of the maximum
per diem set forth in applicable Federal law.
(2) A member or employee shall be reimbursed for his
expenses for a day at the lesser of--
(A) the per diem set forth in applicable
Federal law; or
(B) the actual, unreimbursed expenses (other
than for transportation) he incurred during
that day.
(3) Each member or employee of a committee shall make
to the chairman of the committee an itemized report
showing the dates each country was visited, the amount
of per diem furnished, the cost of transportation
furnished, and funds expended for any other official
purpose and shall summarize in these categories the
total foreign currencies or appropriated funds
expended. Each report shall be filed with the chairman
of the committee not later than 60 days following the
completion of travel for use in complying with
reporting requirements in applicable Federal law and
shall be open for public inspection.
(c)(1) In carrying out the activities of a committee
outside the United States in a country where local currencies
are unavailable, a member or employee of a committee may not
receive reimbursement for expenses (other than for
transportation) in excess of the maximum per diem set forth in
applicable Federal law.
(2) A member or employee shall be reimbursed for his
expenses for a day, at the lesser of--
(A) the per diem set forth in applicable Federal law;
or
(B) the actual unreimbursed expenses (other than for
transportation) he incurred during that day.
(3) A member or employee of a committee may not receive
reimbursement for the cost of any transportation in connection
with travel outside the United States unless the member or
employee actually paid for the transportation.
(d) The restrictions respecting travel outside the United
States set forth in paragraph (c) also shall apply to travel
outside the United States by a Member, Delegate, Resident
Commissioner, officer, or employee of the House authorized
under any standing rule.
COMMITTEE STAFFS
9. (a)(1) Subject to subparagraph (2) and paragraph (f),
each standing committee may appoint, by majority vote, not more
than 30 professional staff members to be compensated from the
funds provided for the appointment of committee staff by
primary and additional expense resolutions. Each professional
staff member appointed under this subparagraph shall be
assigned to the chairman and the ranking minority member of the
committee, as the committee considers advisable.
(2) Subject to paragraph (f) whenever a majority of the
minority party members of a standing committee (other than the
Committee on Standards of Official Conduct or the Permanent
Select Committee on Intelligence) so request, not more than 10
persons (or one-third of the total professional committee staff
appointed under this clause, whichever is fewer) may be
selected, by majority vote of the minority party members, for
appointment by the committee as professional staff members
under subparagraph (1). The committee shall appoint persons so
selected whose character and qualifications are acceptable to a
majority of the committee. If the committee determines that the
character and qualifications of a person so selected are
unacceptable, a majority of the minority party members may
select another person for appointment by the committee to the
professional staff until such appointment is made. Each
professional staff member appointed under this subparagraph
shall be assigned to such committee business as the minority
party members of the committee consider advisable.
(b)(1) The professional staff members of each standing
committee--
(A) may not engage in any work other than committee
business during congressional working hours; and
(B) may not be assigned a duty other than one
pertaining to committee business.
(2)(A) Subparagraph (1) does not apply to staff designated
by a committee as ``associate'' or ``shared'' staff who are not
paid exclusively by the committee, provided that the chairman
certifies that the compensation paid by the committee for any
such staff is commensurate with the work performed for the
committee in accordance with clause 8 of rule XXIII.
(B) The use of any ``associate'' or ``shared'' staff by a
committee other than the Committee on Appropriations shall be
subject to the review of, and to any terms, conditions, or
limitations established by, the Committee on House
Administration in connection with the reporting of any primary
or additional expense resolution.
(c) Each employee on the professional or investigative
staff of a standing committee shall be entitled to pay at a
single gross per annum rate, to be fixed by the chairman and
that does not exceed the maximum rate of pay as in effect from
time to time under applicable provisions of law.
(d) Subject to appropriations hereby authorized, the
Committee on Appropriations may appoint by majority vote such
staff as it determines to be necessary (in addition to the
clerk of the committee and assistants for the minority). The
staff appointed under this paragraph, other than minority
assistants, shall possess such qualifications as the committee
may prescribe.
(e) A committee may not appoint to its staff an expert or
other personnel detailed or assigned from a department or
agency of the Government except with the written permission of
the Committee on House Administration.
(f) If a request for the appointment of a minority
professional staff member under paragraph (a) is made when no
vacancy exists for such an appointment, the committee
nevertheless may appoint under paragraph (a) a person selected
by the minority and acceptable to the committee. A person so
appointed shall serve as an additional member of the
professional staff of the committee until such a vacancy occurs
(other than a vacancy in the position of head of the
professional staff, by whatever title designated), at which
time that person is considered as appointed to that vacancy.
Such a person shall be paid from the applicable accounts of the
House described in clause 1(j)(1) of rule X. If such a vacancy
occurs on the professional staff when seven or more persons
have been so appointed who are eligible to fill that vacancy, a
majority of the minority party members shall designate which of
those persons shall fill the vacancy.
(g) Each staff member appointed pursuant to a request by
minority party members under paragraph (a), and each staff
member appointed to assist minority members of a committee
pursuant to an expense resolution described in clause 6(a),
shall be accorded equitable treatment with respect to the
fixing of the rate of pay, the assignment of work facilities,
and the accessibility of committee records.
(h) Paragraph (a) may not be construed to authorize the
appointment of additional professional staff members of a
committee pursuant to a request under paragraph (a) by the
minority party members of that committee if 10 or more
professional staff members provided for in paragraph (a)(1) who
are satisfactory to a majority of the minority party members
are otherwise assigned to assist the minority party members.
(i) Notwithstanding paragraph (a)(2), a committee may
employ nonpartisan staff, in lieu of or in addition to
committee staff designated exclusively for the majority or
minority party, by an affirmative vote of a majority of the
members of the majority party and of a majority of the members
of the minority party.
SELECT AND JOINT COMMITTEES
10. (a) Membership on a select or joint committee appointed
by the Speaker under clause 11 of rule I during the course of a
Congress shall be contingent on continuing membership in the
party caucus or conference of which the Member, Delegate, or
Resident Commissioner concerned was a member at the time of
appointment. Should a Member, Delegate, or Resident
Commissioner cease to be a member of that caucus or conference,
that Member, Delegate, or Resident Commissioner shall
automatically cease to be a member of any select or joint
committee to which he is assigned. The chairman of the relevant
party caucus or conference shall notify the Speaker whenever a
Member, Delegate, or Resident Commissioner ceases to be a
member of a party caucus or conference. The Speaker shall
notify the chairman of each affected select or joint committee
that the appointment of such Member, Delegate, or Resident
Commissioner to the select or joint committee is automatically
vacated under this paragraph.
(b) Each select or joint committee, other than a conference
committee, shall comply with clause 2(a) of rule XI unless
specifically exempted by law.
PERMANENT SELECT COMMITTEE ON INTELLIGENCE
11. (a)(1) There is established a Permanent Select
Committee on Intelligence (hereafter in this clause referred to
as the ``select committee''). The select committee shall be
composed of not more than 21 Members, Delegates, or the
Resident Commissioner, of whom not more than 12 may be from the
same party. The select committee shall include at least one
Member, Delegate, or the Resident Commissioner from each of the
following committees:
(A) the Committee on Appropriations;
(B) the Committee on Armed Services;
(C) the Committee on Foreign Affairs; and
(D) the Committee on the Judiciary.
(2) The Speaker and the Minority Leader shall be ex officio
members of the select committee but shall have no vote in the
select committee and may not be counted for purposes of
determining a quorum thereof.
(3) The Speaker and Minority Leader each may designate a
member of his leadership staff to assist him in his capacity as
ex officio member, with the same access to committee meetings,
hearings, briefings, and materials as employees of the select
committee and subject to the same security clearance and
confidentiality requirements as employees of the select
committee under this clause.
(4)(A) Except as permitted by subdivision (B), a Member,
Delegate, or Resident Commissioner, other than the Speaker or
the Minority Leader, may not serve as a member of the select
committee during more than four Congresses in a period of six
successive Congresses (disregarding for this purpose any
service for less than a full session in a Congress).
(B) In the case of a Member, Delegate, or Resident
Commissioner appointed to serve as the chairman or the ranking
minority member of the select committee, tenure on the select
committee shall not be limited.
(b)(1) There shall be referred to the select committee
proposed legislation, messages, petitions, memorials, and other
matters relating to the following:
(A) The Central Intelligence Agency, the Director of
National Intelligence, and the National Intelligence
Program as defined in section 3(6) of the National
Security Act of 1947.
(B) Intelligence and intelligence-related activities
of all other departments and agencies of the
Government, including the tactical intelligence and
intelligence-related activities of the Department of
Defense.
(C) The organization or reorganization of a
department or agency of the Government to the extent
that the organization or reorganization relates to a
function or activity involving intelligence or
intelligence-related activities.
(D) Authorizations for appropriations, both direct
and indirect, for the following:
(i) The Central Intelligence Agency, the
Director of National Intelligence, and the
National Intelligence Program as defined in
section 3(6) of the National Security Act of
1947.
(ii) Intelligence and intelligence-related
activities of all other departments and
agencies of the Government, including the
tactical intelligence and intelligence-related
activities of the Department of Defense.
(iii) A department, agency, subdivision, or
program that is a successor to an agency or
program named or referred to in (i) or (ii).
(2) Proposed legislation initially reported by the select
committee (other than provisions solely involving matters
specified in subparagraph (1)(A) or subparagraph (1)(D)(i))
containing any matter otherwise within the jurisdiction of a
standing committee shall be referred by the Speaker to that
standing committee. Proposed legislation initially reported by
another committee that contains matter within the jurisdiction
of the select committee shall be referred by the Speaker to the
select committee if requested by the chairman of the select
committee.
(3) Nothing in this clause shall be construed as
prohibiting or otherwise restricting the authority of any other
committee to study and review an intelligence or intelligence-
related activity to the extent that such activity directly
affects a matter otherwise within the jurisdiction of that
committee.
(4) Nothing in this clause shall be construed as amending,
limiting, or otherwise changing the authority of a standing
committee to obtain full and prompt access to the product of
the intelligence and intelligence-related activities of a
department or agency of the Government relevant to a matter
otherwise within the jurisdiction of that committee.
(c)(1) For purposes of accountability to the House, the
select committee shall make regular and periodic reports to the
House on the nature and extent of the intelligence and
intelligence-related activities of the various departments and
agencies of the United States. The select committee shall
promptly call to the attention of the House, or to any other
appropriate committee, a matter requiring the attention of the
House or another committee. In making such report, the select
committee shall proceed in a manner consistent with paragraph
(g) to protect national security.
(2) The select committee shall obtain annual reports from
the Director of National Intelligence, the Director of the
Central Intelligence Agency, the Secretary of Defense, the
Secretary of State, and the Director of the Federal Bureau of
Investigation. Such reports shall review the intelligence and
intelligence-related activities of the agency or department
concerned and the intelligence and intelligence-related
activities of foreign countries directed at the United States
or its interests. An unclassified version of each report may be
made available to the public at the discretion of the select
committee. Nothing herein shall be construed as requiring the
public disclosure in such reports of the names of persons
engaged in intelligence or intelligence-related activities for
the United States or the divulging of intelligence methods
employed or the sources of information on which the reports are
based or the amount of funds authorized to be appropriated for
intelligence and intelligence-related activities.
(3) Within six weeks after the President submits a budget
under section 1105(a) of title 31, United States Code, or at
such time as the Committee on the Budget may request, the
select committee shall submit to the Committee on the Budget
the views and estimates described in section 301(d) of the
Congressional Budget Act of 1974 regarding matters within the
jurisdiction of the select committee.
(d)(1) Except as specified in subparagraph (2), clauses
8(a), (b), and (c) and 9(a), (b), and (c) of this rule, and
clauses 1, 2, and 4 of rule XI shall apply to the select
committee to the extent not inconsistent with this clause.
(2) Notwithstanding the requirements of the first sentence
of clause 2(g)(2) of rule XI, in the presence of the number of
members required under the rules of the select committee for
the purpose of taking testimony or receiving evidence, the
select committee may vote to close a hearing whenever a
majority of those present determines that the testimony or
evidence would endanger the national security.
(e) An employee of the select committee, or a person
engaged by contract or otherwise to perform services for or at
the request of the select committee, may not be given access to
any classified information by the select committee unless such
employee or person has--
(1) agreed in writing and under oath to be bound by
the Rules of the House, including the jurisdiction of
the Committee on Standards of Official Conduct and of
the select committee concerning the security of
classified information during and after the period of
his employment or contractual agreement with the select
committee; and
(2) received an appropriate security clearance, as
determined by the select committee in consultation with
the Director of National Intelligence, that is
commensurate with the sensitivity of the classified
information to which such employee or person will be
given access by the select committee.
(f) The select committee shall formulate and carry out such
rules and procedures as it considers necessary to prevent the
disclosure, without the consent of each person concerned, of
information in the possession of the select committee that
unduly infringes on the privacy or that violates the
constitutional rights of such person. Nothing herein shall be
construed to prevent the select committee from publicly
disclosing classified information in a case in which it
determines that national interest in the disclosure of
classified information clearly outweighs any infringement on
the privacy of a person.
(g)(1) The select committee may disclose publicly any
information in its possession after a determination by the
select committee that the public interest would be served by
such disclosure. With respect to the disclosure of information
for which this paragraph requires action by the select
committee--
(A) the select committee shall meet to vote on the
matter within five days after a member of the select
committee requests a vote; and
(B) a member of the select committee may not make
such a disclosure before a vote by the select committee
on the matter, or after a vote by the select committee
on the matter except in accordance with this paragraph.
(2)(A) In a case in which the select committee votes to
disclose publicly any information that has been classified
under established security procedures, that has been submitted
to it by the executive branch, and that the executive branch
requests be kept secret, the select committee shall notify the
President of such vote.
(B) The select committee may disclose publicly such
information after the expiration of a five-day period following
the day on which notice of the vote to disclose is transmitted
to the President unless, before the expiration of the five-day
period, the President, personally in writing, notifies the
select committee that he objects to the disclosure of such
information, provides his reasons therefor, and certifies that
the threat to the national interest of the United States posed
by the disclosure is of such gravity that it outweighs any
public interest in the disclosure.
(C) If the President, personally in writing, notifies the
select committee of his objections to the disclosure of
information as provided in subdivision (B), the select
committee may, by majority vote, refer the question of the
disclosure of such information, with a recommendation thereon,
to the House. The select committee may not publicly disclose
such information without leave of the House.
(D) Whenever the select committee votes to refer the
question of disclosure of any information to the House under
subdivision (C), the chairman shall, not later than the first
day on which the House is in session following the day on which
the vote occurs, report the matter to the House for its
consideration.
(E) If the chairman of the select committee does not offer
in the House a motion to consider in closed session a matter
reported under subdivision (D) within four calendar days on
which the House is in session after the recommendation
described in subdivision (C) is reported, then such a motion
shall be privileged when offered by a Member, Delegate, or
Resident Commissioner. In either case such a motion shall be
decided without debate or intervening motion except one that
the House adjourn.
(F) Upon adoption by the House of a motion to resolve into
closed session as described in subdivision (E), the Speaker may
declare a recess subject to the call of the Chair. At the
expiration of the recess, the pending question, in closed
session, shall be, ``Shall the House approve the recommendation
of the select committee?''
(G) Debate on the question described in subdivision (F)
shall be limited to two hours equally divided and controlled by
the chairman and ranking minority member of the select
committee. After such debate the previous question shall be
considered as ordered on the question of approving the
recommendation without intervening motion except one motion
that the House adjourn. The House shall vote on the question in
open session but without divulging the information with respect
to which the vote is taken. If the recommendation of the select
committee is not approved, then the question is considered as
recommitted to the select committee for further recommendation.
(3)(A) Information in the possession of the select
committee relating to the lawful intelligence or intelligence-
related activities of a department or agency of the United
States that has been classified under established security
procedures, and that the select committee has determined should
not be disclosed under subparagraph (1) or (2), may not be made
available to any person by a Member, Delegate, Resident
Commissioner, officer, or employee of the House except as
provided in subdivision (B).
(B) The select committee shall, under such regulations as
it may prescribe, make information described in subdivision (A)
available to a committee or a Member, Delegate, or Resident
Commissioner, and permit a Member, Delegate, or Resident
Commissioner to attend a hearing of the select committee that
is closed to the public. Whenever the select committee makes
such information available, it shall keep a written record
showing, in the case of particular information, which committee
or which Member, Delegate, or Resident Commissioner received
the information. A Member, Delegate, or Resident Commissioner
who, and a committee that, receives information under this
subdivision may not disclose the information except in a closed
session of the House.
(4) The Committee on Standards of Official Conduct shall
investigate any unauthorized disclosure of intelligence or
intelligence-related information by a Member, Delegate,
Resident Commissioner, officer, or employee of the House in
violation of subparagraph (3) and report to the House
concerning any allegation that it finds to be substantiated.
(5) Upon the request of a person who is subject to an
investigation described in subparagraph (4), the Committee on
Standards of Official Conduct shall release to such person at
the conclusion of its investigation a summary of its
investigation, together with its findings. If, at the
conclusion of its investigation, the Committee on Standards of
Official Conduct determines that there has been a significant
breach of confidentiality or unauthorized disclosure by a
Member, Delegate, Resident Commissioner, officer, or employee
of the House, it shall report its findings to the House and
recommend appropriate action. Recommendations may include
censure, removal from committee membership, or expulsion from
the House, in the case of a Member, or removal from office or
employment or punishment for contempt, in the case of an
officer or employee.
(h) The select committee may permit a personal
representative of the President, designated by the President to
serve as a liaison to the select committee, to attend any
closed meeting of the select committee.
(i) Subject to the Rules of the House, funds may not be
appropriated for a fiscal year, with the exception of a bill or
joint resolution continuing appropriations, or an amendment
thereto, or a conference report thereon, to, or for use of, a
department or agency of the United States to carry out any of
the following activities, unless the funds shall previously
have been authorized by a bill or joint resolution passed by
the House during the same or preceding fiscal year to carry out
such activity for such fiscal year:
(1) The activities of the Director of National
Intelligence and the Office of the Director of National
Intelligence.
(2) The activities of the Central Intelligence
Agency.
(3) The activities of the Defense Intelligence
Agency.
(4) The activities of the National Security Agency.
(5) The intelligence and intelligence-related
activities of other agencies and subdivisions of the
Department of Defense.
(6) The intelligence and intelligence-related
activities of the Department of State.
(7) The intelligence and intelligence-related
activities of the Federal Bureau of Investigation.
(8) The intelligence and intelligence-related
activities of all other departments and agencies of the
executive branch.
(j)(1) In this clause the term ``intelligence and
intelligence-related activities'' includes--
(A) the collection, analysis, production,
dissemination, or use of information that relates to a
foreign country, or a government, political group,
party, military force, movement, or other association
in a foreign country, and that relates to the defense,
foreign policy, national security, or related policies
of the United States and other activity in support of
the collection, analysis, production, dissemination, or
use of such information;
(B) activities taken to counter similar activities
directed against the United States;
(C) covert or clandestine activities affecting the
relations of the United States with a foreign
government, political group, party, military force,
movement, or other association;
(D) the collection, analysis, production,
dissemination, or use of information about activities
of persons within the United States, its territories
and possessions, or nationals of the United States
abroad whose political and related activities pose, or
may be considered by a department, agency, bureau,
office, division, instrumentality, or employee of the
United States to pose, a threat to the internal
security of the United States; and
(E) covert or clandestine activities directed against
persons described in subdivision (D).
(2) In this clause the term ``department or agency''
includes any organization, committee, council, establishment,
or office within the Federal Government.
(3) For purposes of this clause, reference to a department,
agency, bureau, or subdivision shall include a reference to any
successor department, agency, bureau, or subdivision to the
extent that a successor engages in intelligence or
intelligence-related activities now conducted by the
department, agency, bureau, or subdivision referred to in this
clause.
(k) Clause 12(a) of rule XXII does not apply to meetings of
a conference committee respecting legislation (or any part
thereof) reported by the Permanent Select Committee on
Intelligence.
Rule XI
Procedures of Committees and Unfinished Business
IN GENERAL
1. (a)(1)(A) The Rules of the House are the rules of its
committees and subcommittees so far as applicable.
(B) Each subcommittee is a part of its committee and is
subject to the authority and direction of that committee and to
its rules, so far as applicable.
(2)(A) In a committee or subcommittee--
(i) a motion to recess from day to day, or to recess
subject to the call of the Chair (within 24 hours),
shall be privileged; and
(ii) a motion to dispense with the first reading (in
full) of a bill or resolution shall be privileged if
printed copies are available.
(B) A motion accorded privilege under this subparagraph
shall be decided without debate.
(b)(1) Each committee may conduct at any time such
investigations and studies as it considers necessary or
appropriate in the exercise of its responsibilities under rule
X. Subject to the adoption of expense resolutions as required
by clause 6 of rule X, each committee may incur expenses,
including travel expenses, in connection with such
investigations and studies.
(2) A proposed investigative or oversight report shall be
considered as read in committee if it has been available to the
members for at least 24 hours (excluding Saturdays, Sundays, or
legal holidays except when the House is in session on such a
day).
(3) A report of an investigation or study conducted jointly
by more than one committee may be filed jointly, provided that
each of the committees complies independently with all
requirements for approval and filing of the report.
(4) After an adjournment sine die of the last regular
session of a Congress, an investigative or oversight report may
be filed with the Clerk at any time, provided that a member who
gives timely notice of intention to file supplemental,
minority, or additional views shall be entitled to not less
than seven calendar days in which to submit such views for
inclusion in the report.
(c) Each committee may have printed and bound such
testimony and other data as may be presented at hearings held
by the committee or its subcommittees. All costs of
stenographic services and transcripts in connection with a
meeting or hearing of a committee shall be paid from the
applicable accounts of the House described in clause 1(j)(1) of
rule X.
(d)(1) Each committee shall submit to the House not later
than January 2 of each odd-numbered year a report on the
activities of that committee under this rule and rule X during
the Congress ending at noon on January 3 of such year.
(2) Such report shall include separate sections summarizing
the legislative and oversight activities of that committee
during that Congress.
(3) The oversight section of such report shall include a
summary of the oversight plans submitted by the committee under
clause 2(d) of rule X, a summary of the actions taken and
recommendations made with respect to each such plan, a summary
of any additional oversight activities undertaken by that
committee, and any recommendations made or actions taken
thereon.
(4) After an adjournment sine die of the last regular
session of a Congress, the chairman of a committee may file an
activities report under subparagraph (1) with the Clerk at any
time and without approval of the committee, provided that--
(A) a copy of the report has been available to each
member of the committee for at least seven calendar
days; and
(B) the report includes any supplemental, minority,
or additional views submitted by a member of the
committee.
ADOPTION OF WRITTEN RULES
2. (a)(1) Each standing committee shall adopt written rules
governing its procedure. Such rules--
(A) shall be adopted in a meeting that is open to the
public unless the committee, in open session and with a
quorum present, determines by record vote that all or
part of the meeting on that day shall be closed to the
public;
(B) may not be inconsistent with the Rules of the
House or with those provisions of law having the force
and effect of Rules of the House; and
(C) shall in any event incorporate all of the
succeeding provisions of this clause to the extent
applicable.
(2) Each committee shall submit its rules for publication
in the Congressional Record not later than 30 days after the
committee is elected in each odd-numbered year.
(3) A committee may adopt a rule providing that the
chairman be directed to offer a motion under clause 1 of rule
XXII whenever the chairman considers it appropriate.
REGULAR MEETING DAYS
(b) Each standing committee shall establish regular meeting
days for the conduct of its business, which shall be not less
frequent than monthly. Each such committee shall meet for the
consideration of a bill or resolution pending before the
committee or the transaction of other committee business on all
regular meeting days fixed by the committee unless otherwise
provided by written rule adopted by the committee.
ADDITIONAL AND SPECIAL MEETINGS
(c)(1) The chairman of each standing committee may call and
convene, as he considers necessary, additional and special
meetings of the committee for the consideration of a bill or
resolution pending before the committee or for the conduct of
other committee business, subject to such rules as the
committee may adopt. The committee shall meet for such purpose
under that call of the chairman.
(2) Three or more members of a standing committee may file
in the offices of the committee a written request that the
chairman call a special meeting of the committee. Such request
shall specify the measure or matter to be considered.
Immediately upon the filing of the request, the clerk of the
committee shall notify the chairman of the filing of the
request. If the chairman does not call the requested special
meeting within three calendar days after the filing of the
request (to be held within seven calendar days after the filing
of the request) a majority of the members of the committee may
file in the offices of the committee their written notice that
a special meeting of the committee will be held. The written
notice shall specify the date and hour of the special meeting
and the measure or matter to be considered. The committee shall
meet on that date and hour. Immediately upon the filing of the
notice, the clerk of the committee shall notify all members of
the committee that such special meeting will be held and inform
them of its date and hour and the measure or matter to be
considered. Only the measure or matter specified in that notice
may be considered at that special meeting.
TEMPORARY ABSENCE OF CHAIRMAN
(d) A member of the majority party on each standing
committee or subcommittee thereof shall be designated by the
chairman of the full committee as the vice chairman of the
committee or subcommittee, as the case may be, and shall
preside during the absence of the chairman from any meeting. If
the chairman and vice chairman of a committee or subcommittee
are not present at any meeting of the committee or
subcommittee, the ranking majority member who is present shall
preside at that meeting.
COMMITTEE RECORDS
(e)(1)(A) Each committee shall keep a complete record of
all committee action which shall include--
(i) in the case of a meeting or hearing transcript, a
substantially verbatim account of remarks actually made
during the proceedings, subject only to technical,
grammatical, and typographical corrections authorized
by the person making the remarks involved; and
(ii) a record of the votes on any question on which a
record vote is demanded.
(B)(i) Except as provided in subdivision (B)(ii) and
subject to paragraph (k)(7), the result of each such record
vote shall be made available by the committee for inspection by
the public at reasonable times in its offices. Information so
available for public inspection shall include a description of
the amendment, motion, order, or other proposition, the name of
each member voting for and each member voting against such
amendment, motion, order, or proposition, and the names of
those members of the committee present but not voting.
(ii) The result of any record vote taken in executive
session in the Committee on Standards of Official Conduct may
not be made available for inspection by the public without an
affirmative vote of a majority of the members of the committee.
(2)(A) Except as provided in subdivision (B), all committee
hearings, records, data, charts, and files shall be kept
separate and distinct from the congressional office records of
the member serving as its chairman. Such records shall be the
property of the House, and each Member, Delegate, and the
Resident Commissioner shall have access thereto.
(B) A Member, Delegate, or Resident Commissioner, other
than members of the Committee on Standards of Official Conduct,
may not have access to the records of that committee respecting
the conduct of a Member, Delegate, Resident Commissioner,
officer, or employee of the House without the specific prior
permission of that committee.
(3) Each committee shall include in its rules standards for
availability of records of the committee delivered to the
Archivist of the United States under rule VII. Such standards
shall specify procedures for orders of the committee under
clause 3(b)(3) and clause 4(b) of rule VII, including a
requirement that nonavailability of a record for a period
longer than the period otherwise applicable under that rule
shall be approved by vote of the committee.
(4) Each committee shall make its publications available in
electronic form to the maximum extent feasible.
PROHIBITION AGAINST PROXY VOTING
(f) A vote by a member of a committee or subcommittee with
respect to any measure or matter may not be cast by proxy.
OPEN MEETINGS AND HEARINGS
(g)(1) Each meeting for the transaction of business,
including the markup of legislation, by a standing committee or
subcommittee thereof (other than the Committee on Standards of
Official Conduct or its subcommittees) shall be open to the
public, including to radio, television, and still photography
coverage, except when the committee or subcommittee, in open
session and with a majority present, determines by record vote
that all or part of the remainder of the meeting on that day
shall be in executive session because disclosure of matters to
be considered would endanger national security, would
compromise sensitive law enforcement information, would tend to
defame, degrade, or incriminate any person, or otherwise would
violate a law or rule of the House. Persons, other than members
of the committee and such noncommittee Members, Delegates,
Resident Commissioner, congressional staff, or departmental
representatives as the committee may authorize, may not be
present at a business or markup session that is held in
executive session. This subparagraph does not apply to open
committee hearings, which are governed by clause 4(a)(1) of
rule X or by subparagraph (2).
(2)(A) Each hearing conducted by a committee or
subcommittee (other than the Committee on Standards of Official
Conduct or its subcommittees) shall be open to the public,
including to radio, television, and still photography coverage,
except when the committee or subcommittee, in open session and
with a majority present, determines by record vote that all or
part of the remainder of that hearing on that day shall be
closed to the public because disclosure of testimony, evidence,
or other matters to be considered would endanger national
security, would compromise sensitive law enforcement
information, or would violate a law or rule of the House.
(B) Notwithstanding the requirements of subdivision (A), in
the presence of the number of members required under the rules
of the committee for the purpose of taking testimony, a
majority of those present may--
(i) agree to close the hearing for the sole purpose
of discussing whether testimony or evidence to be
received would endanger national security, would
compromise sensitive law enforcement information, or
would violate clause 2(k)(5); or
(ii) agree to close the hearing as provided in clause
2(k)(5).
(C) A Member, Delegate, or Resident Commissioner may not be
excluded from nonparticipatory attendance at a hearing of a
committee or subcommittee (other than the Committee on
Standards of Official Conduct or its subcommittees) unless the
House by majority vote authorizes a particular committee or
subcommittee, for purposes of a particular series of hearings
on a particular article of legislation or on a particular
subject of investigation, to close its hearings to Members,
Delegates, and the Resident Commissioner by the same procedures
specified in this subparagraph for closing hearings to the
public.
(D) The committee or subcommittee may vote by the same
procedure described in this subparagraph to close one
subsequent day of hearing, except that the Committee on
Appropriations, the Committee on Armed Services, and the
Permanent Select Committee on Intelligence, and the
subcommittees thereof, may vote by the same procedure to close
up to five additional, consecutive days of hearings.
(3) The chairman of each committee (other than the
Committee on Rules) shall make public announcement of the date,
place, and subject matter of a committee hearing at least one
week before the commencement of the hearing. If the chairman of
the committee, with the concurrence of the ranking minority
member, determines that there is good cause to begin a hearing
sooner, or if the committee so determines by majority vote in
the presence of the number of members required under the rules
of the committee for the transaction of business, the chairman
shall make the announcement at the earliest possible date. An
announcement made under this subparagraph shall be published
promptly in the Daily Digest and made available in electronic
form.
(4) Each committee shall, to the greatest extent
practicable, require witnesses who appear before it to submit
in advance written statements of proposed testimony and to
limit their initial presentations to the committee to brief
summaries thereof. In the case of a witness appearing in a
nongovernmental capacity, a written statement of proposed
testimony shall include a curriculum vitae and a disclosure of
the amount and source (by agency and program) of each Federal
grant (or subgrant thereof) or contract (or subcontract
thereof) received during the current fiscal year or either of
the two previous fiscal years by the witness or by an entity
represented by the witness.
(5)(A) Except as provided in subdivision (B), a point of
order does not lie with respect to a measure reported by a
committee on the ground that hearings on such measure were not
conducted in accordance with this clause.
(B) A point of order on the ground described in subdivision
(A) may be made by a member of the committee that reported the
measure if such point of order was timely made and improperly
disposed of in the committee.
(6) This paragraph does not apply to hearings of the
Committee on Appropriations under clause 4(a)(1) of rule X.
QUORUM REQUIREMENTS
(h)(1) A measure or recommendation may not be reported by a
committee unless a majority of the committee is actually
present.
(2) Each committee may fix the number of its members to
constitute a quorum for taking testimony and receiving
evidence, which may not be less than two.
(3) Each committee (other than the Committee on
Appropriations, the Committee on the Budget, and the Committee
on Ways and Means) may fix the number of its members to
constitute a quorum for taking any action other than one for
which the presence of a majority of the committee is otherwise
required, which may not be less than one-third of the members.
(4)(A) Each committee may adopt a rule authorizing the
chairman of a committee or subcommittee--
(i) to postpone further proceedings when a record
vote is ordered on the question of approving a measure
or matter or on adopting an amendment; and
(ii) to resume proceedings on a postponed question at
any time after reasonable notice.
(B) A rule adopted pursuant to this subparagraph shall
provide that 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.
LIMITATION ON COMMITTEE SITTINGS
(i) A committee may not sit during a joint session of the
House and Senate or during a recess when a joint meeting of the
House and Senate is in progress.
CALLING AND QUESTIONING OF WITNESSES
(j)(1) Whenever a hearing is conducted by a committee on a
measure or matter, the minority members of the committee shall
be entitled, upon request to the chairman by a majority of them
before the completion of the hearing, to call witnesses
selected by the minority to testify with respect to that
measure or matter during at least one day of hearing thereon.
(2)(A) Subject to subdivisions (B) and (C), each committee
shall apply the five-minute rule during the questioning of
witnesses in a hearing until such time as each member of the
committee who so desires has had an opportunity to question
each witness.
(B) A committee may adopt a rule or motion permitting a
specified number of its members to question a witness for
longer than five minutes. The time for extended questioning of
a witness under this subdivision shall be equal for the
majority party and the minority party and may not exceed one
hour in the aggregate.
(C) A committee may adopt a rule or motion permitting
committee staff for its majority and minority party members to
question a witness for equal specified periods. The time for
extended questioning of a witness under this subdivision shall
be equal for the majority party and the minority party and may
not exceed one hour in the aggregate.
HEARING PROCEDURES
(k)(1) The chairman at a hearing shall announce in an
opening statement the subject of the hearing.
(2) A copy of the committee rules and of this clause shall
be made available to each witness on request.
(3) Witnesses at hearings may be accompanied by their own
counsel for the purpose of advising them concerning their
constitutional rights.
(4) The chairman may punish breaches of order and decorum,
and of professional ethics on the part of counsel, by censure
and exclusion from the hearings; and the committee may cite the
offender to the House for contempt.
(5) Whenever it is asserted by a member of the committee
that the evidence or testimony at a hearing may tend to defame,
degrade, or incriminate any person, or it is asserted by a
witness that the evidence or testimony that the witness would
give at a hearing may tend to defame, degrade, or incriminate
the witness--
(A) notwithstanding paragraph (g)(2), such testimony
or evidence shall be presented in executive session if,
in the presence of the number of members required under
the rules of the committee for the purpose of taking
testimony, the committee determines by vote of a
majority of those present that such evidence or
testimony may tend to defame, degrade, or incriminate
any person; and
(B) the committee shall proceed to receive such
testimony in open session only if the committee, a
majority being present, determines that such evidence
or testimony will not tend to defame, degrade, or
incriminate any person. In either case the committee
shall afford such person an opportunity voluntarily to
appear as a witness, and receive and dispose of
requests from such person to subpoena additional
witnesses.
(6) Except as provided in subparagraph (5), the chairman
shall receive and the committee shall dispose of requests to
subpoena additional witnesses.
(7) Evidence or testimony taken in executive session, and
proceedings conducted in executive session, may be released or
used in public sessions only when authorized by the committee,
a majority being present.
(8) In the discretion of the committee, witnesses may
submit brief and pertinent sworn statements in writing for
inclusion in the record. The committee is the sole judge of the
pertinence of testimony and evidence adduced at its hearing.
(9) A witness may obtain a transcript copy of his testimony
given at a public session or, if given at an executive session,
when authorized by the committee.
SUPPLEMENTAL, MINORITY, OR ADDITIONAL VIEWS
(l) If at the time of approval of a measure or matter by a
committee (other than the Committee on Rules) a member of the
committee gives notice of intention to file supplemental,
minority, or additional views for inclusion in the report to
the House thereon, that member shall be entitled to not less
than two additional calendar days after the day of such notice
(excluding Saturdays, Sundays, and legal holidays except when
the House is in session on such a day) to file such views, in
writing and signed by that member, with the clerk of the
committee.
POWER TO SIT AND ACT; SUBPOENA POWER
(m)(1) For the purpose of carrying out any of its functions
and duties under this rule and rule X (including any matters
referred to it under clause 2 of rule XII), a committee or
subcommittee is authorized (subject to subparagraph (3)(A))--
(A) to sit and act at such times and places within
the United States, whether the House is in session, has
recessed, or has adjourned, and to hold such hearings
as it considers necessary; and
(B) to require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memoranda, papers, and documents as it considers
necessary.
(2) The chairman of the committee, or a member designated
by the chairman, may administer oaths to witnesses.
(3)(A)(i) Except as provided in subdivision (A)(ii), a
subpoena may be authorized and issued by a committee or
subcommittee under subparagraph (1)(B) in the conduct of an
investigation or series of investigations or activities only
when authorized by the committee or subcommittee, a majority
being present. The power to authorize and issue subpoenas under
subparagraph (1)(B) may be delegated to the chairman of the
committee under such rules and under such limitations as the
committee may prescribe. Authorized subpoenas shall be signed
by the chairman of the committee or by a member designated by
the committee.
(ii) In the case of a subcommittee of the Committee on
Standards of Official Conduct, a subpoena may be authorized and
issued only by an affirmative vote of a majority of its
members.
(B) A subpoena duces tecum may specify terms of return
other than at a meeting or hearing of the committee or
subcommittee authorizing the subpoena.
(C) Compliance with a subpoena issued by a committee or
subcommittee under subparagraph (1)(B) may be enforced only as
authorized or directed by the House.
COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT
3. (a) The Committee on Standards of Official Conduct has
the following functions:
(1) The committee may recommend to the House from
time to time such administrative actions as it may
consider appropriate to establish or enforce standards
of official conduct for Members, Delegates, the
Resident Commissioner, officers, and employees of the
House. A letter of reproval or other administrative
action of the committee pursuant to an investigation
under subparagraph (2) shall only be issued or
implemented as a part of a report required by such
subparagraph.
(2) The committee may investigate, subject to
paragraph (b), an alleged violation by a Member,
Delegate, Resident Commissioner, officer, or employee
of the House of the Code of Official Conduct or of a
law, rule, regulation, or other standard of conduct
applicable to the conduct of such Member, Delegate,
Resident Commissioner, officer, or employee in the
performance of his duties or the discharge of his
responsibilities. After notice and hearing (unless the
right to a hearing is waived by the Member, Delegate,
Resident Commissioner, officer, or employee), the
committee shall report to the House its findings of
fact and recommendations, if any, for the final
disposition of any such investigation and such action
as the committee may consider appropriate in the
circumstances.
(3) The committee may report to the appropriate
Federal or State authorities, either with the approval
of the House or by an affirmative vote of two-thirds of
the members of the committee, any substantial evidence
of a violation by a Member, Delegate, Resident
Commissioner, officer, or employee of the House, of a
law applicable to the performance of his duties or the
discharge of his responsibilities that may have been
disclosed in a committee investigation.
(4) The committee may consider the request of a
Member, Delegate, Resident Commissioner, officer, or
employee of the House for an advisory opinion with
respect to the general propriety of any current or
proposed conduct of such Member, Delegate, Resident
Commissioner, officer, or employee. With appropriate
deletions to ensure the privacy of the person
concerned, the committee may publish such opinion for
the guidance of other Members, Delegates, the Resident
Commissioner, officers, and employees of the House.
(5) The committee may consider the request of a
Member, Delegate, Resident Commissioner, officer, or
employee of the House for a written waiver in
exceptional circumstances with respect to clause 4 of
rule XXIII.
(6)(A) The committee shall offer annual ethics
training to each Member, Delegate, Resident
Commissioner, officer, and employee of the House. Such
training shall--
(i) involve the classes of employees for whom
the committee determines such training to be
appropriate; and
(ii) include such knowledge of the Code of
Official Conduct and related House rules as may
be determined appropriate by the committee.
(B)(i) A new officer or employee of the House shall
receive training under this paragraph not later than 60
days after beginning service to the House.
(ii) Not later than January 31 of each year, each
officer and employee of the House shall file a
certification with the committee that the officer or
employee attended ethics training in the last year as
established by this subparagraph.
(b)(1)(A) Unless approved by an affirmative vote of a
majority of its members, the Committee on Standards of Official
Conduct may not report a resolution, report, recommendation, or
advisory opinion relating to the official conduct of a Member,
Delegate, Resident Commissioner, officer, or employee of the
House, or, except as provided in subparagraph (2), undertake an
investigation of such conduct.
(B)(i) Upon the receipt of information offered as a
complaint that is in compliance with this rule and the rules of
the committee, the chairman and ranking minority member jointly
may appoint members to serve as an investigative subcommittee.
(ii) The chairman and ranking minority member of the
committee jointly may gather additional information concerning
alleged conduct that is the basis of a complaint or of
information offered as a complaint until they have established
an investigative subcommittee or either of them has placed on
the agenda of the committee the issue of whether to establish
an investigative subcommittee.
(2) Except in the case of an investigation undertaken by
the committee on its own initiative, the committee may
undertake an investigation relating to the official conduct of
an individual Member, Delegate, Resident Commissioner, officer,
or employee of the House only--
(A) upon receipt of information offered as a
complaint, in writing and under oath, from a Member,
Delegate, or Resident Commissioner and transmitted to
the committee by such Member, Delegate, or Resident
Commissioner; or
(B) upon receipt of information offered as a
complaint, in writing and under oath, from a person not
a Member, Delegate, or Resident Commissioner provided
that a Member, Delegate, or Resident Commissioner
certifies in writing to the committee that he believes
the information is submitted in good faith and warrants
the review and consideration of the committee. If a
complaint is not disposed of within the applicable
periods set forth in the rules of the Committee on
Standards of Official Conduct, the chairman and ranking
minority member shall establish jointly an
investigative subcommittee and forward the complaint,
or any portion thereof, to that subcommittee for its
consideration. However, if at any time during those
periods either the chairman or ranking minority member
places on the agenda the issue of whether to establish
an investigative subcommittee, then an investigative
subcommittee may be established only by an affirmative
vote of a majority of the members of the committee.
(3) The committee may not undertake an investigation of an
alleged violation of a law, rule, regulation, or standard of
conduct that was not in effect at the time of the alleged
violation. The committee may not undertake an investigation of
such an alleged violation that occurred before the third
previous Congress unless the committee determines that the
alleged violation is directly related to an alleged violation
that occurred in a more recent Congress.
(4) A member of the committee shall be ineligible to
participate as a member of the committee in a committee
proceeding relating to the member's official conduct. Whenever
a member of the committee is ineligible to act as a member of
the committee under the preceding sentence, the Speaker shall
designate a Member, Delegate, or Resident Commissioner from the
same political party as the ineligible member to act in any
proceeding of the committee relating to that conduct.
(5) A member of the committee may disqualify himself from
participating in an investigation of the conduct of a Member,
Delegate, Resident Commissioner, officer, or employee of the
House upon the submission in writing and under oath of an
affidavit of disqualification stating that the member cannot
render an impartial and unbiased decision in the case in which
the member seeks to be disqualified. If the committee approves
and accepts such affidavit of disqualification, the chairman
shall so notify the Speaker and request the Speaker to
designate a Member, Delegate, or Resident Commissioner from the
same political party as the disqualifying member to act in any
proceeding of the committee relating to that case.
(6) Information or testimony received, or the contents of a
complaint or the fact of its filing, may not be publicly
disclosed by any committee or staff member unless specifically
authorized in each instance by a vote of the full committee.
(7) The committee shall have the functions designated in
titles I and V of the Ethics in Government Act of 1978, in
sections 7342, 7351, and 7353 of title 5, United States Code,
and in clause 11(g)(4) of rule X.
(c)(1) Notwithstanding clause 2(g)(1) of rule XI, each
meeting of the Committee on Standards of Official Conduct or a
subcommittee thereof shall occur in executive session unless
the committee or subcommittee, by an affirmative vote of a
majority of its members, opens the meeting to the public.
(2) Notwithstanding clause 2(g)(2) of rule XI, each hearing
of an adjudicatory subcommittee or sanction hearing of the
Committee on Standards of Official Conduct shall be held in
open session unless the committee or subcommittee, in open
session by an affirmative vote of a majority of its members,
closes all or part of the remainder of the hearing on that day
to the public.
(d) Before a member, officer, or employee of the Committee
on Standards of Official Conduct, including members of a
subcommittee of the committee selected under clause 5(a)(4) of
rule X and shared staff, may have access to information that is
confidential under the rules of the committee, the following
oath (or affirmation) shall be executed: ``I do solemnly swear
(or affirm) that I will not disclose, to any person or entity
outside the Committee on Standards of Official Conduct, any
information received in the course of my service with the
committee, except as authorized by the committee or in
accordance with its rules.'' Copies of the executed oath shall
be retained by the Clerk as part of the records of the House.
This paragraph establishes a standard of conduct within the
meaning of paragraph (a)(2). Breaches of confidentiality shall
be investigated by the Committee on Standards of Official
Conduct and appropriate action shall be taken.
(e)(1) If a complaint or information offered as a complaint
is deemed frivolous by an affirmative vote of a majority of the
members of the Committee on Standards of Official Conduct, the
committee may take such action as it, by an affirmative vote of
a majority of its members, considers appropriate in the
circumstances.
(2) Complaints filed before the One Hundred Fifth Congress
may not be deemed frivolous by the Committee on Standards of
Official Conduct.
COMMITTEE AGENDAS
(f) The committee shall adopt rules providing that the
chairman shall establish the agenda for meetings of the
committee, but shall not preclude the ranking minority member
from placing any item on the agenda.
COMMITTEE STAFF
(g)(1) The committee shall adopt rules providing that--
(A) the staff be assembled and retained as a
professional, nonpartisan staff;
(B) each member of the staff shall be professional
and demonstrably qualified for the position for which
he is hired;
(C) the staff as a whole and each member of the staff
shall perform all official duties in a nonpartisan
manner;
(D) no member of the staff shall engage in any
partisan political activity directly affecting any
congressional or presidential election;
(E) no member of the staff or outside counsel may
accept public speaking engagements or write for
publication on any subject that is in any way related
to his or her employment or duties with the committee
without specific prior approval from the chairman and
ranking minority member; and
(F) no member of the staff or outside counsel may
make public, unless approved by an affirmative vote of
a majority of the members of the committee, any
information, document, or other material that is
confidential, derived from executive session, or
classified and that is obtained during the course of
employment with the committee.
(2) Only subdivisions (C), (E), and (F) of subparagraph (1)
shall apply to shared staff.
(3)(A) All staff members shall be appointed by an
affirmative vote of a majority of the members of the committee.
Such vote shall occur at the first meeting of the membership of
the committee during each Congress and as necessary during the
Congress.
(B) Subject to the approval of the Committee on House
Administration, the committee may retain counsel not employed
by the House of Representatives whenever the committee
determines, by an affirmative vote of a majority of the members
of the committee, that the retention of outside counsel is
necessary and appropriate.
(C) If the committee determines that it is necessary to
retain staff members for the purpose of a particular
investigation or other proceeding, then such staff shall be
retained only for the duration of that particular investigation
or proceeding.
(D) Outside counsel may be dismissed before the end of a
contract between the committee and such counsel only by an
affirmative vote of a majority of the members of the committee.
(4) In addition to any other staff provided for by law,
rule, or other authority, with respect to the committee, the
chairman and ranking minority member each may appoint one
individual as a shared staff member from his or her personal
staff to perform service for the committee. Such shared staff
may assist the chairman or ranking minority member on any
subcommittee on which he serves.
MEETINGS AND HEARINGS
(h)(1) The committee shall adopt rules providing that--
(A) all meetings or hearings of the committee or any
subcommittee thereof, other than any hearing held by an
adjudicatory subcommittee or any sanction hearing held
by the committee, shall occur in executive session
unless the committee or subcommittee by an affirmative
vote of a majority of its members opens the meeting or
hearing to the public; and
(B) any hearing held by an adjudicatory subcommittee
or any sanction hearing held by the committee shall be
open to the public unless the committee or subcommittee
by an affirmative vote of a majority of its members
closes the hearing to the public.
PUBLIC DISCLOSURE
(i) The committee shall adopt rules providing that, unless
otherwise determined by a vote of the committee, only the
chairman or ranking minority member, after consultation with
each other, may make public statements regarding matters before
the committee or any subcommittee thereof.
REQUIREMENTS TO CONSTITUTE A COMPLAINT
(j) The committee shall adopt rules regarding complaints to
provide that whenever information offered as a complaint is
submitted to the committee, the chairman and ranking minority
member shall have 14 calendar days or five legislative days,
whichever is sooner, to determine whether the information meets
the requirements of the rules of the committee for what
constitutes a complaint.
DUTIES OF CHAIRMAN AND RANKING MINORITY MEMBER REGARDING PROPERLY FILED
COMPLAINTS
(k)(1) The committee shall adopt rules providing that
whenever the chairman and ranking minority member jointly
determine that information submitted to the committee meets the
requirements of the rules of the committee for what constitutes
a complaint, they shall have 45 calendar days or five
legislative days, whichever is later, after that determination
(unless the committee by an affirmative vote of a majority of
its members votes otherwise) to--
(A) recommend to the committee that it dispose of the
complaint, or any portion thereof, in any manner that
does not require action by the House, which may include
dismissal of the complaint or resolution of the
complaint by a letter to the Member, officer, or
employee of the House against whom the complaint is
made;
(B) establish an investigative subcommittee; or
(C) request that the committee extend the applicable
45-calendar day or five-legislative day period by one
additional 45-calendar day period when they determine
more time is necessary in order to make a
recommendation under subdivision (A).
(2) The committee shall adopt rules providing that if the
chairman and ranking minority member jointly determine that
information submitted to the committee meets the requirements
of the rules of the committee for what constitutes a complaint,
and the complaint is not disposed of within the applicable time
periods under subparagraph (1), then they shall establish an
investigative subcommittee and forward the complaint, or any
portion thereof, to that subcommittee for its consideration.
However, if, at any time during those periods, either the
chairman or ranking minority member places on the agenda the
issue of whether to establish an investigative subcommittee,
then an investigative subcommittee may be established only by
an affirmative vote of a majority of the members of the
committee.
DUTIES OF CHAIRMAN AND RANKING MINORITY MEMBER REGARDING INFORMATION
NOT CONSTITUTING A COMPLAINT
(l) The committee shall adopt rules providing that whenever
the chairman and ranking minority member jointly determine that
information submitted to the committee does not meet the
requirements of the rules of the committee for what constitutes
a complaint, they may--
(1) return the information to the complainant with a
statement that it fails to meet the requirements of the
rules of the committee for what constitutes a
complaint; or
(2) recommend to the committee that it authorize the
establishment of an investigative subcommittee.
INVESTIGATIVE AND ADJUDICATORY SUBCOMMITTEES
(m) The committee shall adopt rules providing that--
(1)(A) an investigative subcommittee shall be
composed of four Members (with equal representation
from the majority and minority parties) whenever such a
subcommittee is established pursuant to the rules of
the committee;
(B) an adjudicatory subcommittee shall be composed of
the members of the committee who did not serve on the
pertinent investigative subcommittee (with equal
representation from the majority and minority parties)
whenever such a subcommittee is established pursuant to
the rules of the committee; and
(C) notwithstanding any other provision of this
clause, the chairman and ranking minority member of the
committee may consult with an investigative
subcommittee either on their own initiative or on the
initiative of the subcommittee, shall have access to
information before a subcommittee with which they so
consult, and shall not thereby be precluded from
serving as full, voting members of any adjudicatory
subcommittee;
(2) at the time of appointment, the chairman shall
designate one member of a subcommittee to serve as
chairman and the ranking minority member shall
designate one member of the subcommittee to serve as
the ranking minority member; and
(3) the chairman and ranking minority member of the
committee may serve as members of an investigative
subcommittee, but may not serve as non-voting, ex
officio members.
STANDARD OF PROOF FOR ADOPTION OF STATEMENT OF ALLEGED VIOLATION
(n) The committee shall adopt rules to provide that an
investigative subcommittee may adopt a statement of alleged
violation only if it determines by an affirmative vote of a
majority of the members of the subcommittee that there is
substantial reason to believe that a violation of the Code of
Official Conduct, or of a law, rule, regulation, or other
standard of conduct applicable to the performance of official
duties or the discharge of official responsibilities by a
Member, officer, or employee of the House of Representatives,
has occurred.
SUBCOMMITTEE POWERS
(o)(1) The committee shall adopt rules providing that an
investigative subcommittee or an adjudicatory subcommittee may
authorize and issue subpoenas only when authorized by an
affirmative vote of a majority of the members of the
subcommittee.
(2) The committee shall adopt rules providing that an
investigative subcommittee may, upon an affirmative vote of a
majority of its members, expand the scope of its investigation
approved by an affirmative vote of a majority of the members of
the committee.
(3) The committee shall adopt rules to provide that--
(A) an investigative subcommittee may, upon an
affirmative vote of a majority of its members, amend
its statement of alleged violation anytime before the
statement of alleged violation is transmitted to the
committee; and
(B) if an investigative subcommittee amends its
statement of alleged violation, the respondent shall be
notified in writing and shall have 30 calendar days
from the date of that notification to file an answer to
the amended statement of alleged violation.
DUE PROCESS RIGHTS OF RESPONDENTS
(p) The committee shall adopt rules to provide that--
(1) not less than 10 calendar days before a scheduled
vote by an investigative subcommittee on a statement of
alleged violation, the subcommittee shall provide the
respondent with a copy of the statement of alleged
violation it intends to adopt together with all
evidence it intends to use to prove those charges which
it intends to adopt, including documentary evidence,
witness testimony, memoranda of witness interviews, and
physical evidence, unless the subcommittee by an
affirmative vote of a majority of its members decides
to withhold certain evidence in order to protect a
witness; but if such evidence is withheld, the
subcommittee shall inform the respondent that evidence
is being withheld and of the count to which such
evidence relates;
(2) neither the respondent nor his counsel shall,
directly or indirectly, contact the subcommittee or any
member thereof during the period of time set forth in
paragraph (1) except for the sole purpose of settlement
discussions where counsel for the respondent and the
subcommittee are present;
(3) if, at any time after the issuance of a statement
of alleged violation, the committee or any subcommittee
thereof determines that it intends to use evidence not
provided to a respondent under paragraph (1) to prove
the charges contained in the statement of alleged
violation (or any amendment thereof), such evidence
shall be made immediately available to the respondent,
and it may be used in any further proceeding under the
rules of the committee;
(4) evidence provided pursuant to paragraph (1) or
(3) shall be made available to the respondent and his
or her counsel only after each agrees, in writing, that
no document, information, or other materials obtained
pursuant to that paragraph shall be made public until--
(A) such time as a statement of alleged
violation is made public by the committee if
the respondent has waived the adjudicatory
hearing; or
(B) the commencement of an adjudicatory
hearing if the respondent has not waived an
adjudicatory hearing; but the failure of
respondent and his counsel to so agree in
writing, and their consequent failure to
receive the evidence, shall not preclude the
issuance of a statement of alleged violation at
the end of the period referred to in paragraph
(1);
(5) a respondent shall receive written notice
whenever--
(A) the chairman and ranking minority member
determine that information the committee has
received constitutes a complaint;
(B) a complaint or allegation is transmitted
to an investigative subcommittee;
1(C) an investigative subcommittee votes to
authorize its first subpoena or to take
testimony under oath, whichever occurs first;
or
(D) an investigative subcommittee votes to
expand the scope of its investigation;
(6) whenever an investigative subcommittee adopts a
statement of alleged violation and a respondent enters
into an agreement with that subcommittee to settle a
complaint on which that statement is based, that
agreement, unless the respondent requests otherwise,
shall be in writing and signed by the respondent and
respondent's counsel, the chairman and ranking minority
member of the subcommittee, and the outside counsel, if
any;
(7) statements or information derived solely from a
respondent or his counsel during any settlement
discussions between the committee or a subcommittee
thereof and the respondent shall not be included in any
report of the subcommittee or the committee or
otherwise publicly disclosed without the consent of the
respondent; and
(8) whenever a motion to establish an investigative
subcommittee does not prevail, the committee shall
promptly send a letter to the respondent informing him
of such vote.
COMMITTEE REPORTING REQUIREMENTS
(q) The committee shall adopt rules to provide that--
(1) whenever an investigative subcommittee does not
adopt a statement of alleged violation and transmits a
report to that effect to the committee, the committee
may by an affirmative vote of a majority of its members
transmit such report to the House of Representatives;
(2) whenever an investigative subcommittee adopts a
statement of alleged violation, the respondent admits
to the violations set forth in such statement, the
respondent waives his or her right to an adjudicatory
hearing, and the respondent's waiver is approved by the
committee--
(A) the subcommittee shall prepare a report
for transmittal to the committee, a final draft
of which shall be provided to the respondent
not less than 15 calendar days before the
subcommittee votes on whether to adopt the
report;
(B) the respondent may submit views in
writing regarding the final draft to the
subcommittee within seven calendar days of
receipt of that draft;
(C) the subcommittee shall transmit a report
to the committee regarding the statement of
alleged violation together with any views
submitted by the respondent pursuant to
subdivision (B), and the committee shall make
the report together with the respondent's views
available to the public before the commencement
of any sanction hearing; and
(D) the committee shall by an affirmative
vote of a majority of its members issue a
report and transmit such report to the House of
Representatives, together with the respondent's
views previously submitted pursuant to
subdivision (B) and any additional views
respondent may submit for attachment to the
final report; and
(3) members of the committee shall have not less than
72 hours to review any report transmitted to the
committee by an investigative subcommittee before both
the commencement of a sanction hearing and the
committee vote on whether to adopt the report.
AUDIO AND VISUAL COVERAGE OF COMMITTEE PROCEEDINGS
4. (a) The purpose of this clause is to provide a means, in
conformity with acceptable standards of dignity, propriety, and
decorum, by which committee hearings or committee meetings that
are open to the public may be covered by audio and visual
means--
(1) for the education, enlightenment, and information
of the general public, on the basis of accurate and
impartial news coverage, regarding the operations,
procedures, and practices of the House as a legislative
and representative body, and regarding the measures,
public issues, and other matters before the House and
its committees, the consideration thereof, and the
action taken thereon; and
(2) for the development of the perspective and
understanding of the general public with respect to the
role and function of the House under the Constitution
as an institution of the Federal Government.
(b) In addition, it is the intent of this clause that radio
and television tapes and television film of any coverage under
this clause may not be used, or made available for use, as
partisan political campaign material to promote or oppose the
candidacy of any person for elective public office.
(c) It is, further, the intent of this clause that the
general conduct of each meeting (whether of a hearing or
otherwise) covered under authority of this clause by audio or
visual means, and the personal behavior of the committee
members and staff, other Government officials and personnel,
witnesses, television, radio, and press media personnel, and
the general public at the hearing or other meeting, shall be in
strict conformity with and observance of the acceptable
standards of dignity, propriety, courtesy, and decorum
traditionally observed by the House in its operations, and may
not be such as to--
(1) distort the objects and purposes of the hearing
or other meeting or the activities of committee members
in connection with that hearing or meeting or in
connection with the general work of the committee or of
the House; or
(2) cast discredit or dishonor on the House, the
committee, or a Member, Delegate, or Resident
Commissioner or bring the House, the committee, or a
Member, Delegate, or Resident Commissioner into
disrepute.
(d) The coverage of committee hearings and meetings by
audio and visual means shall be permitted and conducted only in
strict conformity with the purposes, provisions, and
requirements of this clause.
(e) Whenever a hearing or meeting conducted by a committee
or subcommittee is open to the public, those proceedings shall
be open to coverage by audio and visual means. A committee or
subcommittee chairman may not limit the number of television or
still cameras to fewer than two representatives from each
medium (except for legitimate space or safety considerations,
in which case pool coverage shall be authorized).
(f) Each committee shall adopt written rules to govern its
implementation of this clause. Such rules shall contain
provisions to the following effect:
(1) If audio or visual coverage of the hearing or
meeting is to be presented to the public as live
coverage, that coverage shall be conducted and
presented without commercial sponsorship.
(2) The allocation among the television media of the
positions or the number of television cameras permitted
by a committee or subcommittee chairman in a hearing or
meeting room shall be in accordance with fair and
equitable procedures devised by the Executive Committee
of the Radio and Television Correspondents' Galleries.
(3) Television cameras shall be placed so as not to
obstruct in any way the space between a witness giving
evidence or testimony and any member of the committee
or the visibility of that witness and that member to
each other.
(4) Television cameras shall operate from fixed
positions but may not be placed in positions that
obstruct unnecessarily the coverage of the hearing or
meeting by the other media.
(5) Equipment necessary for coverage by the
television and radio media may not be installed in, or
removed from, the hearing or meeting room while the
committee is in session.
(6)(A) Except as provided in subdivision (B),
floodlights, spotlights, strobelights, and flashguns
may not be used in providing any method of coverage of
the hearing or meeting.
(B) The television media may install additional
lighting in a hearing or meeting room, without cost to
the Government, in order to raise the ambient lighting
level in a hearing or meeting room to the lowest level
necessary to provide adequate television coverage of a
hearing or meeting at the current state of the art of
television coverage.
(7) In the allocation of the number of still
photographers permitted by a committee or subcommittee
chairman in a hearing or meeting room, preference shall
be given to photographers from Associated Press Photos
and United Press International Newspictures. If
requests are made by more of the media than will be
permitted by a committee or subcommittee chairman for
coverage of a hearing or meeting by still photography,
that coverage shall be permitted on the basis of a fair
and equitable pool arrangement devised by the Standing
Committee of Press Photographers.
(8) Photographers may not position themselves between
the witness table and the members of the committee at
any time during the course of a hearing or meeting.
(9) Photographers may not place themselves in
positions that obstruct unnecessarily the coverage of
the hearing by the other media.
(10) Personnel providing coverage by the television
and radio media shall be currently accredited to the
Radio and Television Correspondents' Galleries.
(11) Personnel providing coverage by still
photography shall be currently accredited to the Press
Photographers' Gallery.
(12) Personnel providing coverage by the television
and radio media and by still photography shall conduct
themselves and their coverage activities in an orderly
and unobtrusive manner.
PAY OF WITNESSES
5. Witnesses appearing before the House or any of its
committees shall be paid the same per diem rate as established,
authorized, and regulated by the Committee on House
Administration for Members, Delegates, the Resident
Commissioner, and employees of the House, plus actual expenses
of travel to or from the place of examination. Such per diem
may not be paid when a witness has been summoned at the place
of examination.
UNFINISHED BUSINESS OF THE SESSION
6. All business of the House at the end of one session
shall be resumed at the commencement of the next session of the
same Congress in the same manner as if no adjournment had taken
place.
Rule XIII
Calendars and Committee Reports
CALENDARS
1. (a) All business reported by committees shall be
referred to one of the following three calendars:
(1) A Calendar of the Committee of the Whole House on
the state of the Union, to which shall be referred
public bills and public resolutions raising revenue,
involving a tax or charge on the people, directly or
indirectly making appropriations of money or property
or requiring such appropriations to be made,
authorizing payments out of appropriations already
made, releasing any liability to the United States for
money or property, or referring a claim to the Court of
Claims.
(2) A House Calendar, to which shall be referred all
public bills and public resolutions not requiring
referral to the Calendar of the Committee of the Whole
House on the state of the Union.
(3) A Private Calendar as provided in clause 5 of
rule XV, to which shall be referred all private bills
and private resolutions.
(b) There is established a Calendar of Motions to Discharge
Committees as provided in clause 2 of rule XV.
FILING AND PRINTING OF REPORTS
2. (a)(1) Except as provided in subparagraph (2), all
reports of committees (other than those filed from the floor as
privileged) shall be delivered to the Clerk for printing and
reference to the proper calendar under the direction of the
Speaker in accordance with clause 1. The title or subject of
each report shall be entered on the Journal and printed in the
Congressional Record.
(2) A bill or resolution reported adversely shall be laid
on the table unless a committee to which the bill or resolution
was referred requests at the time of the report its referral to
an appropriate calendar under clause 1 or unless, within three
days thereafter, a Member, Delegate, or Resident Commissioner
makes such a request.
(b)(1) It shall be the duty of the chairman of each
committee to report or cause to be reported promptly to the
House a measure or matter approved by the committee and to take
or cause to be taken steps necessary to bring the measure or
matter to a vote.
(2) In any event, the report of a committee on a measure
that has been approved by the committee shall be filed within
seven calendar days (exclusive of days on which the House is
not in session) after the day on which a written request for
the filing of the report, signed by a majority of the members
of the committee, has been filed with the clerk of the
committee. The clerk of the committee shall immediately notify
the chairman of the filing of such a request. This subparagraph
does not apply to a report of the Committee on Rules with
respect to a rule, joint rule, or order of business of the
House, or to the reporting of a resolution of inquiry addressed
to the head of an executive department.
(c) All supplemental, minority, or additional views filed
under clause 2(l) of rule XI by one or more members of a
committee shall be included in, and shall be a part of, the
report filed by the committee with respect to a measure or
matter. When time guaranteed by clause 2(l) of rule XI has
expired (or, if sooner, when all separate views have been
received), the committee may arrange to file its report with
the Clerk not later than one hour after the expiration of such
time. This clause and provisions of clause 2(l) of rule XI do
not preclude the immediate filing or printing of a committee
report in the absence of a timely request for the opportunity
to file supplemental, minority, or additional views as provided
in clause 2(l) of rule XI.
CONTENT OF REPORTS
3. (a)(1) Except as provided in subparagraph (2), the
report of a committee on a measure or matter shall be printed
in a single volume that--
(A) shall include all supplemental, minority, or
additional views that have been submitted by the time
of the filing of the report; and
(B) shall bear on its cover a recital that any such
supplemental, minority, or additional views (and any
material submitted under paragraph (c)(3)) are included
as part of the report.
(2) A committee may file a supplemental report for the
correction of a technical error in its previous report on a
measure or matter. A supplemental report only correcting errors
in the depiction of record votes under paragraph (b) may be
filed under this subparagraph and shall not be subject to the
requirement in clause 4 or clause 6 concerning the availability
of reports.
(b) With respect to each record vote on a motion to report
a measure or matter of a public nature, and on any amendment
offered to the measure or matter, the total number of votes
cast for and against, and the names of members voting for and
against, shall be included in the committee report. The
preceding sentence does not apply to a report by the Committee
on Rules on a rule, joint rule, or the order of business or to
votes taken in executive session by the Committee on Standards
of Official Conduct.
(c) The report of a committee on a measure that has been
approved by the committee shall include, separately set out and
clearly identified, the following:
(1) Oversight findings and recommendations under
clause 2(b)(1) of rule X.
(2) The statement required by section 308(a) of the
Congressional Budget Act of 1974, except that an
estimate of new budget authority shall include, when
practicable, a comparison of the total estimated
funding level for the relevant programs to the
appropriate levels under current law.
(3) An estimate and comparison prepared by the
Director of the Congressional Budget Office under
section 402 of the Congressional Budget Act of 1974 if
timely submitted to the committee before the filing of
the report.
(4) A statement of general performance goals and
objectives, including outcome-related goals and
objectives, for which the measure authorizes funding.
(d) Each report of a committee on a public bill or public
joint resolution shall contain the following:
(1) A statement citing the specific powers granted to
Congress in the Constitution to enact the law proposed
by the bill or joint resolution.
(2)(A) An estimate by the committee of the costs that
would be incurred in carrying out the bill or joint
resolution in the fiscal year in which it is reported
and in each of the five fiscal years following that
fiscal year (or for the authorized duration of any
program authorized by the bill or joint resolution if
less than five years);
(B) a comparison of the estimate of costs described
in subdivision (A) made by the committee with any
estimate of such costs made by a Government agency and
submitted to such committee; and
(C) when practicable, a comparison of the total
estimated funding level for the relevant programs with
the appropriate levels under current law.
(3)(A) In subparagraph (2) the term ``Government
agency'' includes any department, agency,
establishment, wholly owned Government corporation, or
instrumentality of the Federal Government or the
government of the District of Columbia.
(B) Subparagraph (2) does not apply to the Committee
on Appropriations, the Committee on House
Administration, the Committee on Rules, or the
Committee on Standards of Official Conduct, and does
not apply when a cost estimate and comparison prepared
by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act of
1974 has been included in the report under paragraph
(c)(3).
(e)(1) Whenever a committee reports a bill or joint
resolution proposing to repeal or amend a statute or part
thereof, it shall include in its report or in an accompanying
document--
(A) the text of a statute or part thereof that is
proposed to be repealed; and
(B) a comparative print of any part of the bill or
joint resolution proposing to amend the statute and of
the statute or part thereof proposed to be amended,
showing by appropriate typographical devices the
omissions and insertions proposed.
(2) If a committee reports a bill or joint resolution
proposing to repeal or amend a statute or part thereof with a
recommendation that the bill or joint resolution be amended,
the comparative print required by subparagraph (1) shall
reflect the changes in existing law proposed to be made by the
bill or joint resolution as proposed to be amended.
(f)(1) A report of the Committee on Appropriations on a
general appropriation bill shall include--
(A) a concise statement describing the effect of any
provision of the accompanying bill that directly or
indirectly changes the application of existing law; and
(B) a list of all appropriations contained in the
bill for expenditures not currently authorized by law
for the period concerned (excepting classified
intelligence or national security programs, projects,
or activities), along with a statement of the last year
for which such expenditures were authorized, the level
of expenditures authorized for that year, the actual
level of expenditures for that year, and the level of
appropriations in the bill for such expenditures.
(2) Whenever the Committee on Appropriations reports a bill
or joint resolution including matter specified in clause
1(b)(2) or (3) of rule X, it shall include--
(A) in the bill or joint resolution, separate
headings for ``Rescissions'' and ``Transfers of
Unexpended Balances''; and
(B) in the report of the committee, a separate
section listing such rescissions and transfers.
(g) Whenever the Committee on Rules reports a resolution
proposing to repeal or amend a standing rule of the House, it
shall include in its report or in an accompanying document--
(1) the text of any rule or part thereof that is
proposed to be repealed; and
(2) a comparative print of any part of the resolution
proposing to amend the rule and of the rule or part
thereof proposed to be amended, showing by appropriate
typographical devices the omissions and insertions
proposed.
(h)(1) It shall not be in order to consider a bill or joint
resolution reported by the Committee on Ways and Means that
proposes to amend the Internal Revenue Code of 1986 unless--
(A) the report includes a tax complexity analysis
prepared by the Joint Committee on Internal Revenue
Taxation in accordance with section 4022(b) of the
Internal Revenue Service Restructuring and Reform Act
of 1998; or
(B) the chairman of the Committee on Ways and Means
causes such a tax complexity analysis to be printed in
the Congressional Record before consideration of the
bill or joint resolution.
(2)(A) It shall not be in order to consider a bill or joint
resolution reported by the Committee on Ways and Means that
proposes to amend the Internal Revenue Code of 1986 unless--
(i) the report includes a macroeconomic impact
analysis;
(ii) the report includes a statement from the Joint
Committee on Internal Revenue Taxation explaining why a
macroeconomic impact analysis is not calculable; or
(iii) the chairman of the Committee on Ways and Means
causes a macroeconomic impact analysis to be printed in
the Congressional Record before consideration of the
bill or joint resolution.
(B) In subdivision (A), the term ``macroeconomic impact
analysis'' means--
(i) an estimate prepared by the Joint Committee on
Internal Revenue Taxation of the changes in economic
output, employment, capital stock, and tax revenues
expected to result from enactment of the proposal; and
(ii) a statement from the Joint Committee on Internal
Revenue Taxation identifying the critical assumptions
and the source of data underlying that estimate.
AVAILABILITY OF REPORTS
4. (a)(1) Except as specified in subparagraph (2), it shall
not be in order to consider in the House a measure or matter
reported by a committee until the third calendar day (excluding
Saturdays, Sundays, or legal holidays except when the House is
in session on such a day) on which each report of a committee
on that measure or matter has been available to Members,
Delegates, and the Resident Commissioner.
(2) Subparagraph (1) does not apply to--
(A) a resolution providing a rule, joint rule, or
order of business reported by the Committee on Rules
considered under clause 6;
(B) a resolution providing amounts from the
applicable accounts described in clause 1(j)(1) of rule
X reported by the Committee on House Administration
considered under clause 6 of rule X;
(C) a resolution presenting a question of the
privileges of the House reported by any committee;
(D) a measure for the declaration of war, or the
declaration of a national emergency, by Congress; and
(E) a measure providing for the disapproval of a
decision, determination, or action by a Government
agency that would become, or continue to be, effective
unless disapproved or otherwise invalidated by one or
both Houses of Congress. In this subdivision the term
``Government agency'' includes any department, agency,
establishment, wholly owned Government corporation, or
instrumentality of the Federal Government or of the
government of the District of Columbia.
(b) A committee that reports a measure or matter shall make
every reasonable effort to have its hearings thereon (if any)
printed and available for distribution to Members, Delegates,
and the Resident Commissioner before the consideration of the
measure or matter in the House.
(c) A general appropriation bill reported by the Committee
on Appropriations may not be considered in the House until the
third calendar day (excluding Saturdays, Sundays, and legal
holidays except when the House is in session on such a day) on
which printed hearings of the Committee on Appropriations
thereon have been available to Members, Delegates, and the
Resident Commissioner.
PRIVILEGED REPORTS, GENERALLY
5. (a) The following committees shall have leave to report
at any time on the following matters, respectively:
(1) The Committee on Appropriations, on general
appropriation bills and on joint resolutions continuing
appropriations for a fiscal year after September 15 in
the preceding fiscal year.
(2) The Committee on the Budget, on the matters
required to be reported by such committee under titles
III and IV of the Congressional Budget Act of 1974.
(3) The Committee on House Administration, on
enrolled bills, on contested elections, on matters
referred to it concerning printing for the use of the
House or the two Houses, on expenditure of the
applicable accounts of the House described in clause
1(j)(1) of rule X, and on matters relating to
preservation and availability of noncurrent records of
the House under rule VII.
(4) The Committee on Rules, on rules, joint rules,
and the order of business.
(5) The Committee on Standards of Official Conduct,
on resolutions recommending action by the House with
respect to a Member, Delegate, Resident Commissioner,
officer, or employee of the House as a result of an
investigation by the committee relating to the official
conduct of such Member, Delegate, Resident
Commissioner, officer, or employee.
(b) A report filed from the floor as privileged under
paragraph (a) may be called up as a privileged question by
direction of the reporting committee, subject to any
requirement concerning its availability to Members, Delegates,
and the Resident Commissioner under clause 4 or concerning the
timing of its consideration under clause 6.
PRIVILEGED REPORTS BY THE COMMITTEE ON RULES
6. (a) A report by the Committee on Rules on a rule, joint
rule, or the order of business may not be called up for
consideration on the same day it is presented to the House
except--
(1) when so determined by a vote of two-thirds of the
Members voting, a quorum being present;
(2) in the case of a resolution proposing only to
waive a requirement of clause 4 or of clause 8 of rule
XXII concerning the availability of reports; or
(3) during the last three days of a session of
Congress.
(b) Pending the consideration of a report by the Committee
on Rules on a rule, joint rule, or the order of business, the
Speaker may entertain one motion that the House adjourn but may
not entertain any other dilatory motion until the report shall
have been disposed of.
(c) The Committee on Rules may not report--
(1) a rule or order proposing that business under
clause 6 of rule XV be set aside by a vote of less than
two-thirds of the Members voting, a quorum being
present; or
(2) a rule or order that would prevent the motion to
recommit a bill or joint resolution from being made as
provided in clause 2(b) of rule XIX, including a motion
to recommit with instructions to report back an
amendment otherwise in order, if offered by the
Minority Leader or a designee, except with respect to a
Senate bill or resolution for which the text of a
House-passed measure has been substituted.
(d) The Committee on Rules shall present to the House
reports concerning rules, joint rules, and the order of
business, within three legislative days of the time when they
are ordered. If such a report is not considered immediately, it
shall be referred to the calendar. If such a report on the
calendar is not called up by the member of the committee who
filed the report within seven legislative days, any member of
the committee may call it up as a privileged question on the
day after the calendar day on which the member announces to the
House his intention to do so. The Speaker shall recognize a
member of the committee who rises for that purpose.
(e) An adverse report by the Committee on Rules on a
resolution proposing a special order of business for the
consideration of a public bill or public joint resolution may
be called up as a privileged question by a Member, Delegate, or
Resident Commissioner on a day when it is in order to consider
a motion to discharge committees under clause 2 of rule XV.
(f) If the House has adopted a resolution making in order a
motion to consider a bill or resolution, and such a motion has
not been offered within seven calendar days thereafter, such a
motion shall be privileged if offered by direction of all
reporting committees having initial jurisdiction of the bill or
resolution.
(g) Whenever the Committee on Rules reports a resolution
providing for the consideration of a measure, it shall (to the
maximum extent possible) specify in the resolution the object
of any waiver of a point of order against the measure or
against its consideration.
Resolutions of inquiry
7. A report on a resolution of inquiry addressed to the
head of an executive department may be filed from the floor as
privileged. If such a resolution is not reported to the House
within 14 legislative days after its introduction, a motion to
discharge a committee from its consideration shall be
privileged.
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