[House Prints, 112th Congress]
[From the U.S. Government Publishing Office]
112th Congress
1st Session COMMITTEE PRINT
_______________________________________________________________________
RULES ADOPTED BY THE COMMITTEES
OF THE HOUSE OF REPRESENTATIVES
----------
112th Congress
2011-2012
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compiled by the
COMMITTEE ON RULES
Printed for the use of the Committee on Rules
112th Congress
1st Session COMMITTEE PRINT
_______________________________________________________________________
RULES ADOPTED BY THE COMMITTEES
OF THE HOUSE OF REPRESENTATIVES
__________
112th Congress
2011-2012
__________
compiled by the
COMMITTEE ON RULES
Printed for the use of the Committee on Rules
____
U.S. GOVERNMENT PRINTING OFFICE
68-512 WASHINGTON : 2011
COMMITTEE ON RULES
DAVID DREIER, California, Chairman
PETE SESSIONS, Texas LOUISE McINTOSH SLAUGHTER,
Vice Chairman Ranking Member
VIRGINIA FOXX, North Carolina JAMES P. McGOVERN, Massachusetts
ROB BISHOP, Utah ALCEE L. HASTINGS, Florida
ROB WOODALL, Georgia JARED POLIS, Colorado
RICHARD B. NUGENT, Florida
TIM SCOTT, South Carolina
DANIEL WEBSTER, Florida
Hugh Nathanial Halpern, Staff Director
Miles M. Lackey, Minority Staff Director
------
Subcommittee on Legislative and Budget Process
PETE SESSIONS, Texas, Chairman
VIRGINIA FOXX, North Carolina ALCEE L. HASTINGS, Florida
ROB WOODALL, Georgia Ranking Member
DANIEL WEBSER, Florida JARED POLIS, Colorado
DAVID DREIER, California
------
Subcommittee on Rules and Organization of the House
RICHARD B. NUGENT, Florida, Chairman
ROB BISHOP, Utah JAMES P. McGOVERN, Massachusetts
TIM SCOTT, South Carolina Ranking Member
DAVID DREIER, California 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...................................... 25
Committee on Armed Services...................................... 37
Committee on the Budget.......................................... 49
Committee on Education and the Workforce......................... 59
Committee on Energy and Commerce................................. 75
Committee on Ethics.............................................. 85
Committee on Financial Services.................................. 113
Committee on Foreign Affairs..................................... 127
Committee on Homeland Security................................... 145
Committee on House Administration................................ 159
Committee on the Judiciary....................................... 169
Committee on Natural Resources................................... 175
Committee on Oversight and Government Reform..................... 189
Committee on Rules............................................... 199
Committee on Science, Space and Technology....................... 209
Committee on Small Business...................................... 225
Committee on Transportation and Infrastructure................... 237
Committee on Veterans' Affairs................................... 253
Committee on Ways and Means...................................... 261
Part II.--Permanent Select Committee of the House
Permanent Select Committee on Intelligence....................... 273
Part III.--Congressional Joint Committees
Joint Select Committee on Deficit Reduction...................... 293
Joint Economic Committee......................................... 297
Joint Committee of Congress on the Library....................... 303
Joint Committee on Printing...................................... 307
Joint Committee on Taxation...................................... 313
Appendix
Rule X. Organization of Committees............................... 315
Rule XI. Procedures of Committees and Unfinished Business........ 342
Rule XIII. Calendars and Committee Reports....................... 316
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PART I--STANDING COMMITTEES OF THE HOUSE
=======================================================================
Committee on Agriculture
FRANK LUCAS, Oklahoma, Chairman
COLLIN PETERSON, Minnesota, BOB GOODLATTE, Virginia,
Ranking Member Vice Chairman
TIM HOLDEN, Pennsylvania TIMOTHY V. JOHNSON, Illinois
MIKE McINTRYRE, North Carolina STEVE KING, Iowa
LEONARD BOSWELL, Iowa RANDY NEUGEBAUER, Texas
JOE BACA, California K. MICHAEL CONAWAY, Texas
DENNIS CARDOZA, California JEFF FORTENBERRY, Nebraska
DAVID SCOTT, Georgia JEAN SCHMIDT, Ohio
HENRY CUELLAR, Texas GLENN THOMPSON, Pennsylvania
JIM COSTA, California THOMAS J. ROONEY, Florida
TIMOTHY J. WALZ, Minnesota MARLIN STUTZMAN, Indiana
KURT SCHRADER, Oregon BOB GIBBS, Ohio
LARRY KISSEL, North Carolina AUSTIN SCOTT, Georgia
BILL OWENS, New York SCOTT R. TIPTON, Colorado
CHELLIE PINGREE, Maine STEVE SOUTHERLAND, Florida
JOE COURTNEY, Connecticut RICK CRAWFORD, Arkansas
PETER WELCH, Vermont MARTHA ROBY, Alabama
MARCIA L. FUDGE, Ohio TIM HUELSKAMP, Kansas
GREGORIO SABLAN, Northern Mariana IslandsT DESJARLAIS, Tennessee
TERRI A. SEWELL, Alabama RENEE L. ELLMERS, North Carolina
JAMES McGOVERN, Massachusetts CHRISTOPHER P. GIBSON, New York
RANDY HULTGREN, Illinois
VICKY HARTZLER, Missouri
ROBERT T. SCHILLING, Illinois
REID J. RIBBLE, Wisconsin
KRISTI NOEM, South Dakota
(Adopted January 25, 2011)
Rule 1. 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
non-debatable 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) Publication of Rules.--The Committee's rules shall be
publicly available in electronic form and published in the
Congressional Record not later than 30 days after the Chair is
elected in each odd-numbered year as provided in clause 2(a) of
House rule XI.
(g) 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 2.--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.--(1) The Chairman may call and
convene, as he or she considers necessary, which may not
commence earlier than the third day on which members have
notice thereof after consultation with the Ranking Minority
Member of the Committee or after concurrence with the Ranking
Minority Member, 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
the notice from the Chairman.
(2) A hearing or meeting may begin sooner than specified in
clause (1) (in which case the chair shall make the announcement
specified at the earliest possible time) 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.
(3) At least 24 hours prior to the commencement of a
meeting for the markup of a measure or matter the Chair shall
cause the text of such measure or matter to be made publicly
available in electronic form.
(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 3.--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:
(1) To the maximum extent practicable the Committee
shall provide audio and video coverage of each hearing
or meeting for the transaction of business in a manner
that allows the public to easily listen to and view the
proceedings and shall maintain the recordings of such
coverage in a manner that is easily accessible to the
public.
(2) 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) not withstanding 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 4.--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), 2(k)(5) and 2(k)(7) of the
rule XI of the Rules of the House;
(3) the authorizing of a subpoena as provided in
clause 2(m)(3), of House rule XI (See also Committee
rule VI.); and
(4) as where required by a rule of the House.
(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 5.--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
and also made publicly available in electronic form within 48
hours of such record vote. Not later than 24 hours after
adoption of an amendment to a measure or matter, the chair of
the Committee shall cause the text of such amendment adopted
thereto to be made publicly available in electronic form.
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 6.--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 7.--Hearing Procedures
(a) Power to Hear.--For the purpose of carrying out any of
its functions and duties under House rules 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. Such statements, with
appropriate redactions to protect the privacy of witnesses,
shall be made publicly available in electronic form not later
than one day after the witness appears.
(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) Extended Questioning for Designated 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
(i) 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 8.--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 the 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(1) 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 9.--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;
(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;
(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; and
(5) include proposals to cut or eliminate programs,
including mandatory spending programs, that are
inefficient, duplicative, outdated, or more
appropriately administered by State or local
governments.
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.
(f)(1) The Committee, or a subcommittee, shall hold at
least one hearing during each 120-day period following the
establishment of the committee on the topic of waste, fraud,
abuse, or mismanagement in Government programs which the
committee may authorize.
(2) A hearing described in subparagraph (1) shall include a
focus on the most egregious instances of waste, fraud, abuse,
or mismanagement as documented by any report the committee has
received from a Federal Office of the Inspector General or the
Comptroller General of the United States.
(g) The Committee or a subcommittee, shall hold at least
one hearing in any session in which the committee has received
disclaimers of agency financial statements from auditors of any
Federal agency that the committee may authorize to hear
testimony on such disclaimers from representatives of any such
agency.
(h) The Committee or a subcommittee, shall hold at least
one hearing on issues raised by reports issued by the
Comptroller General of the United States indicating that
Federal programs or operations that the committee may authorize
are at high risk for waste, fraud, and mismanagement, known as
the ``high-risk-list'' or the ``high-risk series''.
(i)(1) Not later than the 30th day after June 1 and
December 1, the Committee shall submit to the House a
semiannual report on the activities of the committee. After
adjournment sine die of a regular session of Congress, or after
December 15, whichever occurs first, the Chair may file the
second or fourth semiannual report, a copy of which shall be
made available to each member of the committee for at least
seven calendar days, with the Clerk at any time.
(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.
Rule 10.--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 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, Energy, and Forestry (22 members, 12
majority and 10 minority).--Soil, water, and resource
conservation, small watershed program, energy and
biobased energy production, rural electrification,
forestry in general and forest reserves other than
those created from the public domain.
Department Operations, Oversight, and Credit (10
members, 6 majority and 4 minority).--Agency oversight,
review and analysis, special investigations, and
agricultural credit.
General Farm Commodities and Risk Management (26
members, 15 majority and 11 minority).--Program and
markets related to cotton, cottonseed, wheat, feed
grains, soybeans, oilseeds, rice, dry beans, peas,
lentils, the Commodity Credit Corporation, risk
management, including crop insurance, commodity
exchanges and specialty crops.
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.
Nutrition and Horticulture (10 members, 6 majority
and 4 minority).--Food stamps, nutrition and consumer
programs, fruits and vegetables, honey and bees,
marketing and promotion orders, plant pesticides,
quarantine, adulteration of seeds and insect pests, and
organic agriculture.
Rural Development, Research, Biotechnology, and
Foreign Agriculture (14 members, 8 majority and 6
minority).--Rural Development, farm security and family
farming, research, education and extension,
biotechnology, foreign agriculture 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 a 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 11.--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 12.--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
HAROLD ROGERS, Kentucky, Chairman
NORMAN D. DICKS, Washington, C. W. BILL YOUNG, Florida
Ranking Member JERRY LEWIS, California
MARCY KAPTUR, Ohio FRANK R. WOLF, Virginia
PETER J. VISCLOSKY, Indiana JACK KINGSTON, Georgia
NITA M. LOWEY, New York RODNEY P. FRELINGHUYSEN, New
JOSE E. SERRANO, New York Jersey
ROSA L. DeLAURO, Connecticut TOM LATHAM, Iowa
JAMES P. MORAN, Virginia ROBERT B. ADERHOLT, Alabama
JOHN W. OLVER, Massachusetts JO ANN EMERSON, Missouri
ED PASTOR, Arizona KAY GRANGER, Texas
DAVID E. PRICE, North Carolina MICHAEL K. SIMPSON, Idaho
MAURICE D. HINCHEY, New York JOHN ABNEY CULBERSON, Texas
LUCILLE ROYBAL-ALLARD, California ANDER CRENSHAW, Florida
SAM FARR, California DENNY REHBERG, Montana
JESSE L. JACKSON, Jr., Illinois JOHN R. CARTER, Texas
CHAKA FATTAH, Pennsylvania RODNEY ALEXANDER, Louisiana
STEVEN R. ROTHMAN, New Jersey KEN CALVERT, California
SANFORD D. BISHOP, Jr., Georgia JO BONNER, Alabama
BARBARA LEE, California STEVEN C. LaTOURETTE, Ohio
ADAM B. SCHIFF, California TOM COLE, Oklahoma
MICHAEL M. HONDA, California JEFF FLAKE, Arizona
BETTY McCOLLUM, Minnesota MARIO DIAZ-BALART, Florida
CHARLES W. DENT, Pennsylvania
STEVE AUSTRIA, Ohio
CYNTHIA M. LUMMIS, Wyoming
TOM GRAVES, Georgia
KEVIN YODER, Kansas
STEVE WOMACK, Arkansas
ALAN NUNNELEE, Mississippi
(Approved February 8, 2011)
RESOLVED, That the rules and practices of the Committee on
Appropriations, House of Representatives, in the One Hundred
Eleventh 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 Twelfth
Congress. The foregoing resolution adopts the following rules:
Rule 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.
Rule 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 subcommittee 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.
Rule 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 maximum 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 Chairman and Ranking
Minority Member of a Subcommittee or the Full Committee,
including a Chairman Emeritus may select and designate one
staff member who shall serve at the pleasure of that Member.
(2) Notwithstanding, (b)(1) The Chairman may prescribe such
terms and conditions necessary to achieve a reduction in the
number of Assistants to Members previously designated by a
Member of the Committee prior to the adoption of the Rules of
the House establishing the Committee for the 112th Congress.
(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.
(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.
Rule 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 Committee 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, determines 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 departmental representatives as they
may authorize shall be present at any business or markup
session which has been closed.
(3) The Chairman shall announce the date, place, and
subject matter of each committee meeting for the transaction of
business, which may not commence earlier than the third day on
which members have notice thereof, 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 meeting sooner, in which case the Chairman shall make
the announcement at the earliest possible date. An announcement
shall be published promptly in the Daily Digest and made
publicly available in electronic form.
(4) At least 24 hours prior to the commencement of a
meeting for the markup of a bill or resolution, or at the time
an announcement is made pursuant to the preceding subparagraph
within 24 hours before such meeting, the Chairman shall cause
the text of such bill or resolution to be made publicly
available in electronic form.
(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 and also made available in electronic form within 48
hours of such record vote. 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 Member 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.
(f) Availability of Amendments Adopted.--Not later than 24
hours after the adoption of amendment to a bill or resolution,
the Chairman shall cause the text of any amendment adopted
thereto to be made publicly available in electronic form.
Rule 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, determines 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 subcommittees, 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 procedure 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. Such statements, with appropriate
redactions to protect the privacy of witnesses, shall be made
publicly available in electronic form not later than one day
after the witness appears.
(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 (except for
legitimate space or safety, in which case pool coverage shall
be authorized). To the maximum practicable, the Committee shall
provide audio and video coverage of each hearing or meeting for
the transaction of business in a manner that allows the public
to easily listen to and view the proceedings and shall maintain
the recordings of such coverage in a manner that is easily
accessible to the public.
(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 made publicly available in
electronic form.
Rule 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) Roll Call Votes.--With respect to each roll call 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.--Each 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.
Rule 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.
Rule 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.
Rule 9.--Temporary Investigative Task Forces
(a) The Chairman of the Full Committee, in consultation
with the Ranking Member of the Full Committee, may establish
and appoint members to serve on task forces of the Committee,
to examine specific activities for a limited period of time in
accordance with clause 5(b)2(C) of rule X of the Rules of the
House.
(b) The Chairman of the Full Committee shall issue a
written directive, in consultation with the Ranking Member of
the Full Committee, delineating the specific activities to be
reviewed by a task force constituted pursuant to the preceding
paragraph.
(c) A task force constituted under this section shall
provide a written report of its findings and recommendations to
the Full Committee Chairman and Ranking Member and members of
the relevant subcommittees having jurisdiction over the matters
reviewed. Such report shall be approved by a majority vote of
the task force and shall include any supplemental, minority, or
additional views submitted by a Member of the task force or a
member of a subcommittee having jurisdiction over the matter
reviewed.
(d) Any information obtained during the course of such
investigation, and any report produced by, a task force
pursuant to this section, shall not be released until the
Chairman of the Full Committee has authorized such release.
(e) The Chairman is authorized to appoint such staff, and,
in his discretion, arrange for the procurement of temporary
services, as from time to time may be required.
Rule 10.--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 Report.--(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.
Rule 11.--Activities Reports
(a) Not later than the 30th day after June 1 and December
1, the Committee shall submit to the House a semiannual report
on the activities of the Committee.
(b) After adjournment sine die of a regular session of
Congress, or after December 15, whichever occurs first, the
Chairman may file the second or fourth semiannual report with
the Clerk of the House at any time 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
calendar days and the report includes any supplemental,
minority, or additional views submitted by a Member of the
Committee.
Committee on Armed Services
HOWARD P. ``BUCK'' McKEON,
California, Chairman
ADAM SMITH, Washington, ROSCOE G. BARTLETT, Maryland
Ranking Member MAC THORNBERRY, Texas,
SILVERSTER REYES, Texas Vice Chairman
LORETTA SANCHEZ, California WALTER B. JONES, North Carolina
MIKE McINTYRE, North Carolina W. TODD AKIN, Missouri
ROBERT A. BRADY, Pennsylvania J. RANDY FORBES, Virginia
ROB ANDREWS, New Jersey JEFF MILLER, Florida
SUSAN A. DAVIS, California JOE WILSON, South Carolina
JAMES R. LANGEVIN, Rhode Island FRANK A. LoBIONDO, New Jersey
RICK LARSEN, Washington MICHAEL TURNER, Ohio
JIM COOPER, Tennessee JOHN KLINE, Minnesota
MADELEINE Z. BORDALLO, Guam MIKE ROGERS, Alabama
JOE COURTNEY, Connecticut TRENT FRANKS, Arizona
DAVID LOEBSACK, Iowa BILL SCHUSTER, Pennsylvania
GABRIELLE GIFFORDS, Arizona K. MICHAEL CONAWAY, Texas
NIKI TSONGAS, Massachusetts DOUG LAMBORN, Colorado
CHELLIE PINGREE, Maine ROB WITTMAN, Virginia
LARRY KISSELL, North Carolina DUNCAN HUNTER, California
MARTIN HEINRICH, New Mexico JOHN C. FLEMING, Louisiana
WILLIAM L. OWENS, New York MIKE COFFMAN, Colorado
JOHN GARAMENDI, California THOMAS J. ROONEY, Florida
MARK CRITZ, Pennsylvania TODD RUSSELL PLATTS, Pennsylvania
TIM RYAN, Ohio SCOTT RIGELL, Virginia
C.A. DUTCH RUPPERSBERGER, Maryland CHRIS GIBSON, New York
HANK JOHNSON, Georgia VICKY HARTZLER, Missouri
BETTY SUTTON, Ohio JOE HECK, Nevada
COLLEEN HANABUSA, Hawaii BOBBY SCHILLING, Illinois
JON RUNYAN, New Jersey
AUSTIN SCOTT, Georgia
TIM GRIFFIN, Arkansas
STEVE PALAZZO, Mississippi
ALLEN WEST, Florida
MARTHA ROBY, Alabama
MO BROOKS, Alabama
TODD YOUNG, Indiana
(Adopted January 20, 2011)
Rule 1.--General Provisions
(a) 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.
(b) Pursuant to clause 2(a)(2) of rule XI of the Rules of
the House of Representatives, the Committee's rules shall be
publicly available in electronic form and published in the
Congressional Record not later than 30 days after the chair of
the committee is elected in each odd-numbered year.
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) and clause 3(b) 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, security and humanitarian assistance (except special
operations-related activities) of the Department of Defense,
acquisition and industrial base policy, technology transfer and
export controls, joint interoperability, the Cooperative Threat
Reduction program, Department of Energy nonproliferation
programs, detainee affairs and policy, intelligence policy,
force protection policy and inter-agency reform as it pertains
to the Department of Defense and the nuclear weapons programs
of the Department of Energy. 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 Tactical Air and Land Forces: All
Army, Air Force and Marine Corps acquisition programs
(except Marine Corps amphibious assault vehicle
programs, strategic missiles, space, lift programs,
special operations, science and technology programs,
and information technology accounts). In addition, the
subcommittee will be responsible for Navy and Marine
Corps aviation programs, National Guard and Army, Air
Force and Marine Corps Reserve modernization, and
ammunition programs.
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 Readiness: Military readiness,
training, logistics and maintenance issues and
programs. In addition, the subcommittee will be
responsible for all military construction, depot
policy, civilian personnel policy, environmental
policy, installations and family housing issues,
including the base closure process, and energy policy
and programs of the Department of Defense.
Subcommittee on Seapower and Projection Forces: Navy
acquisition programs, Naval Reserve equipment, and
Marine Corps amphibious assault vehicle programs
(except strategic weapons, space, special operations,
science and technology programs, and information
technology programs), deep strike bombers and related
systems, lift programs, and seaborne unmanned aerial
systems. In addition, the subcommittee will be
responsible for Maritime programs under the
jurisdiction of the Committee as delineated in
paragraphs 5, 6, and 9 of clause 1(c) of rule X of the
Rules of the House of Representatives.
Subcommittee on Strategic Forces: Strategic weapons
(except deep strike bombers and related systems), space
programs, ballistic missile defense, national
intelligence programs, and Department of Energy
national security programs (except non-proliferation
programs).
Subcommittee on Emerging Threats and Capabilities:
Defense-wide and joint enabling activities and programs
to include: Special Operations Forces; counter-
proliferation and counter-terrorism programs and
initiatives; science and technology policy and
programs; information technology programs; homeland
defense and Department of Defense related consequence
management programs; related intelligence support; and
other enabling programs and activities to include cyber
operations, strategic communications, and information
operations.
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 conference
and the Minority party's caucus, 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 conference
and the Minority party's caucus, 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.
(3) The Chairman of the Committee and Ranking Minority
Member thereof may sit as ex officio members of all
subcommittees. Ex officio members shall not vote in
subcommittee hearings or meetings or be taken into
consideration for the purpose of determining the ratio of the
subcommittees or establishing a quorum at subcommittee hearings
or meetings.
(4) A member of the Committee who is not a member of a
particular subcommittee may sit with the subcommittee and
participate during any of its hearings but shall not have
authority to vote, cannot be counted for the purpose of
achieving a quorum, and cannot raise a point of order at the
hearing.
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 the Committee
or subcommittee, as appropriate.
(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.
(e) The Chairman, in consultation with the Ranking Minority
Member, shall establish criteria for recommending legislation
and other matters to be considered by the House of
Representatives, pursuant to clause 1 of rule XV of the Rules
of the House of Representatives. Such criteria shall not
conflict with the Rules of the House of Representatives and
other applicable rules.
Rule 7.--Public Announcement of Hearings and Meetings
(a) 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 a public
announcement of the date, place, and subject matter of any
hearing or meeting before that body at least one week before
the commencement of a hearing and at least three days before
the commencement of a meeting. 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 or
meeting 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 made publicly available in electronic form.
(b) At least 24 hours prior to the commencement of a
meeting for the markup of legislation, or at the time of an
announcement under paragraph (a) made within 24 hours before
such meeting, the Chairman of the Committee, or of any
subcommittee, panel, or task force shall cause the text of such
measure or matter to be made publicly available in electronic
form as provided in clause 2(g)(4) of rule XI of the Rules of
the House of Representatives.
Rule 8.--Broacasting of Committee Hearings and Meetings
(a) Pursuant to clause 2(e)(5) of rule XI of the Rules of
the House of Representatives, the Committee shall, to the
maximum extent practicable, provide audio and video coverage of
each hearing or meeting for the transaction of business in a
manner that allows the public to easily listen to and view the
proceedings. The Committee shall maintain the recordings of
such coverage in a manner that is easily accessible to the
public.
(b) 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, one member of that member's personal
staff, and an alternate, 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) Subject to rule 15, 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) Pursuant to rule 4 and subject to rule 15, a member of
the Committee who is not a member of a subcommittee may be
recognized by a subcommittee chairman in order of their arrival
and after all present subcommittee members have been
recognized.
(3) 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
Minority 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.
(c) Pursuant to clause 2(g)(5) of rule XI of the Rules of
the House of Representatives, written witness statements, with
appropriate redactions to protect the privacy of the witness,
shall be made publicly available in electronic form not later
than one day after the witness appears.
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 conducted by the
Committee, subcommittee, or panel will be published officially
in substantially verbatim form, with the material requested for
the record inserted at that place requested, or at the end of
the record, as appropriate. The transcripts of markups
conducted by the Committee or any subcommittee may be published
officially in verbatim form. Any requests to correct any
errors, other than those 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 markup 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, or the Staff
Director's designee. 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.
(c) Not later than 24 hours after the adoption of any
amendment to a measure or matter considered by the Committee,
the Chairman shall cause the text of each such amendment to be
made publicly available in electronic form as provided in
clause 2(e)(6) of rule XI of the Rules of the House of
Representatives.
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 and also made publicly available in electronic
form within 48 hours of such record vote pursuant to clause
2(e)(1)B(i) of rule XI of the Rules of the House of
Representatives. Information so available 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 and Other 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 that is
received which is 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.
(c) The Chairman of the Committee shall, in consultation
with the Ranking Minority Member, establish such procedures as
in his judgment may be necessary to prevent the unauthorized
disclosure of any proprietary information that is received by
the Committee, subcommittee, panel, or task force. Such
procedures shall be consistent with the Rules of the House of
Representatives and applicable law.
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.
Rule 24.--Committee Activity Reports
Not later than the 30th day after June 1 and December 1,
the Committee shall submit to the House a semiannual report on
its activities, pursuant to clause 1(d) of rule XI of the Rules
of the House of Representatives.
Committee on the Budget
PAUL RYAN, Wisconsin, Chairman
CHRIS VAN HOLLEN, Maryland, SCOTT GARRETT, New Jersey,
Ranking Member Vice Chairman
ALLYSON SCHWARTZ, Pennsylvania MIKE SIMPSON, Idaho
MARCY KAPTUR, Ohio JOHN CAMPBELL, California
LLOYD DOGGETT, Texas KEN CALVERT, California
EARL BLUMENAUER, Oregon TODD AKIN, Missouri
BETTY McCOLLUM, Minnesota TOM COLE, Oklahoma
JOHN YARMUTH, Kentucky TOM PRICE, Georgia
BILL PASCRELL, New Jersey TOM McCLINTOCK, California
MIKE HONDA, California JASON CHAFFETZ, Utah
TIM RYAN, Ohio MARLIN STUTZMAN, Indiana
DEBBIE WASSERMAN SCHULTZ, Florida JAMES LANKFORD, Oklahoma
GWEN MOORE, Wisconsin DIANE BLACK, Tennessee
KATHY CASTOR, Florida REID RIBBLE, Wisconsin
HEATH SCHULER, North Carolina BILL FLORES, Texas
PAUL TONKO, New York MICK MULVANEY, South Carolina
KAREN BASS, California TIM HUELSKAMP, Kansas
TODD YOUNG, Indiana
JUSTIN AMASH, Michigan
TODD ROKITA, Indiana
FRANK GUINTA, New Hampshire
ROB WOODALL, Georgia
(Adopted January 26, 2011)
GENERAL APPLICABILITY
Rule 1.--Applicability of House Rules
(a) 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, or a motion to
recess subject to the call of the Chair (within 24 hours), or 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 privilege 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) The Committee's rules shall be publicly available in
electronic form and published in the Congressional Record not
later than 30 days after the Chair of the Committee is elected
in each odd-numbered year.
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.
(c) Regular meetings shall be canceled when they conflict
with meetings of either party's caucus or conference.
(d) The Chairman shall give written notice of the date,
place, and subject matter of any Committee meeting, which may
not commence earlier than the third day on which members have
notice thereof, 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 Chair shall make the announcement at the
earliest possible date. An announcement shall be published
promptly in the Daily Digest and made publicly available in
electronic form.
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) 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.
(b) 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).
(c) 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.
(d) Not later than 24 hours after commencing a meeting to
consider a measure or matter, the Chair of the Committee shall
cause the text of such measure or matter and any amendment
adopted thereto to be made publicly available in electronic
form.
Rule 5.--Quorums
(a) 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
Committee members, a quorum being present.
Rule 8.--Availability of Legislation
(a) 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 24 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.
(b) At least 24 hours prior to the commencement of a
meeting for the markup of legislation the Chair shall cause the
text of such legislation to be made publicly available in
electronic form.
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.--Roll Call Votes
(a) A roll call 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 roll call may be had on the request of any
member.
(b) No vote may be conducted on any measure or motion
pending before the Committee unless a quorum is present for
such purpose.
(c) No vote by any member of the Committee on any measure
or matter may be cast by proxy.
(d) In accordance with clause 2(e)(1)(B) of rule XI, a
record of the vote of each Committee member on each recorded
vote shall be available for public inspection at the offices of
the Committee and also made publicly available in electronic
form within 48 hours of such record vote, and, with respect to
any roll call 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.
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. Such announcement shall be published promptly in
the Daily Digest and made publicly available in electronic
form.
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 Committee members present at the time
the hearing is called to order shall be recognized in
order of seniority; and
(3) Finally, the Committee members not present at the
time the hearing is called to order may be recognized
in the order of their arrival at the hearing.
(c) In recognizing Committee 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.
(d) Notwithstanding the provisions of subparagraph (A), the
Chair and Ranking Minority Member may designate an equal number
of members from each party to question a witness for a period
not longer than 30 minutes, or may designate staff from each
party to question a witness for a period not longer than 30
minutes.
Rule 15.--Subpoenas and Oaths
(a) In accordance with House rule XI, clause 2(m) subpoenas
authorized by a majority of the Committee or by the Chair
(pursuant to such rules and limitations as the Committee may
prescribe) 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.
(c) Such statements, with appropriate redactions to protect
the privacy of witnesses, shall be made publicly available in
electronic form not later than one day after the witness
appears.
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
(a) 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, gender, 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
Representative 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
(a) 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.
(b) Not later than the 30th day after June 1 and December
1, the Committee shall submit to the House a semiannual report
on the activities of the Committee. After adjournment sine die
of a regular session of Congress, or after December 15,
whichever occurs first, the Chair may file the second or fourth
semiannual report with the Clerk at any time and without
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.
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 the Workforce
JOHN KLINE, Minnesota, Chairman
GEORGE MILLER, California, THOMAS E. PETRI, Wisconsin
Ranking Member HOWARD P. ``BUCK'' McKEON,
DALE E. KILDEE, Michigan California
DONALD M. PAYNE, New Jersey JUDY BIGGERT, Illinois
ROBERT E. ANDREWS, New Jersey TODD RUSSELL PLATTS, Pennsylvania
ROBERT C. SCOTT, Virginia JOE WILSON, South Carolina
LYNN C. WOOLSEY, California VIRGINIA FOXX, North Carolina
RUBEN HINOJOSA, Texas BOB GOODLATTE, Virginia
CAROLYN McCARTHY, New York DUNCAN D. HUNTER, California
JOHN F. TIERNEY, Massachusetts DAVID P. ROE, Tennessee
DENNIS J. KUCINICH, Ohio GLENN THOMPSON, Pennsylvania
DAVID WU, Oregon TIM WALBERG, Michigan
RUSH D. HOLT, New Jersey SCOTT DesJARLAIS, Tennessee
SUSAN A. DAVIS, California RICHARD HANNA, New York
RAUL M. GRIJALVA, Arizona TODD ROKITA, Indiana
LARRY BUCSHON, Indiana
TREY GOWDY, South Carolina
LOU BARLETTA, Pennsylvania
KRISTI NOEM, South Dakota
MARTHA ROBY, Alabama
JOE HECK, Nevada
DENNIS ROSS, Florida
MIKE KELLY, Pennsylvania
(Adopted January 25, 2011)
Rule 1.--Regular, Additional, and Special Meetings
(a) Regular meetings of the Committee shall be held on the
second Wednesday of each month at 10:00 a.m., while the House
is in session. When the Chair determines that the Committee
will not consider any bill or resolution before the Committee
and that there is no other business to be transacted at a
regular meeting, he or she will give each member of the
Committee, as far in advance of the day of the regular meeting
as the circumstances make practicable, written notice to that
effect, and no regular Committee meeting shall be held on that
day.
(b) The Chair 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.
(c) If at least three members of the Committee desire that
a special meeting of the Committee be called by the Chair,
those members may file in the offices of the Committee their
written request to the Chair for that special meeting.
Immediately upon the filing of the request, the staff director
of the Committee shall notify the Chair of the filing of the
request. If, within three calendar days after the filing of the
request, the Chair 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. 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. The Committee shall meet on that date and hour
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 the Rules
of the House of Representatives. No business meeting of the
Committee, other than regularly scheduled meetings, may be held
without each member being given reasonable notice.
(e) The Chair of the Committee or of a subcommittee, as
appropriate, shall preside at meetings or hearings. In the
absence of the Chair of the Committee or of a subcommittee,
members shall preside as provided in clause 2(d) of rule XI of
the Rules of the House of Representatives. 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 Chair.
Rule 2.--Standing Subcommittees and Jurisdiction
(a) There shall be four standing subcommittees. In addition
to conducting oversight in the area of their respective
jurisdictions as required in clause 2 of rule X of the Rules of
the House of Representatives, each subcommittee shall have the
following jurisdiction:
Subcommittee on Early Childhood, Elementary, and
Secondary Education.--Education from early learning
through the high school level including, but not
limited to, elementary and secondary education, special
education, homeless education, and migrant education;
overseas dependent schools; career and technical
education; school safety and alcohol and drug abuse
prevention; school lunch and child nutrition programs;
educational research and improvement including the
Institute of Education Sciences; environmental
education; pre-service and in-service teacher
professional development including Title II of the
Elementary and Secondary Education Act and Title II of
the Higher Education Act; early care and education
programs including the Head Start Act and the Child
Care and Development Block Grant Act; 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; and all matters dealing with child
abuse and domestic violence including the Child Abuse
Prevention and Treatment Act and child adoption.
Subcommittee on Higher Education and Workforce
Training.--Education and training beyond the high
school level including, but not limited to, higher
education generally, postsecondary student assistance
and employment services, and the Higher Education Act;
Title IX of the Education Amendments of 1972; all
domestic volunteer programs; all programs related to
the arts and humanities, museum and library services,
and arts and artifacts indemnity; postsecondary career
and technical education, apprenticeship programs, and
job training including the Workforce Investment Act,
vocational rehabilitation, and training programs from
immigration funding; science and technology programs;
adult basic education (family literacy); all welfare
reform programs including work incentive programs and
welfare-to-work requirements; poverty programs
including the Community Services Block Grant Act and
the Low Income Home Energy Assistance Program (LIHEAP);
the Native American Programs Act; the Institute of
Peace; and all matters dealing with programs and
services for the elderly including nutrition programs
and the Older Americans Act.
Subcommittee on Workforce Protections.--Wages and
hours of workers including, but not limited to, the
Davis-Bacon Act, the Walsh-Healey Act, the Service
Contract Act, and the Fair Labor Standards Act;
workers' compensation including the Federal Employees'
Compensation Act, the Longshore and Harbor Workers'
Compensation Act, and the Black Lung Benefits Act; the
Migrant and Seasonal Agricultural Worker Protection
Act; the Family and Medical Leave Act; the Worker
Adjustment and Retraining Notification Act; the
Employee Polygraph Protection Act of 1988; trade and
immigration issues as they impact employers and
workers; and workers' safety and health including, but
not limited to, occupational safety and health, mine
safety and health, and migrant and agricultural worker
safety and health.
Subcommittee on Health, Employment, Labor, and
Pensions.--All matters dealing with relationships
between employers and employees including, but not
limited to, the National Labor Relations Act, the
Labor-Management Relations Act, and the Labor-
Management Reporting and Disclosure Act; the Bureau of
Labor Statistics; employment-related health and
retirement security including pension, health, and
other employee benefits and the Employee Retirement
Income Security Act (ERISA); and all matters related to
equal employment opportunity and civil rights in
employment.
(b) The majority party members of the Committee may provide
for such temporary, ad hoc subcommittees as determined to be
appropriate.
Rule 3.--Ex Officio Membership
The Chair of the Committee and the ranking minority party
member shall be ex officio members, but not voting members, of
each subcommittee to which such Chair or ranking minority party
member has not been assigned.
Rule 4.--Subcommittee Scheduling
(a) Subcommittee chair shall set meeting or hearing dates
after consultation with the Chair and other subcommittee chair
with a view toward avoiding simultaneous scheduling of
Committee and subcommittee meetings or hearings, wherever
possible. No such meetings or hearings, however, shall be held
outside of Washington, D.C., or during a recess or adjournment
of the House of Representatives without the prior authorization
of the Committee Chair. Where practicable, 14 days' notice will
be given of such meeting or hearing.
(b) Available dates for subcommittee meetings during the
session shall be assigned by the Chair to the subcommittees as
nearly as practicable in rotation and in accordance with their
workloads. As far as practicable, the Chair shall not schedule
simultaneous subcommittee markups, a subcommittee markup during
a full Committee markup, or any hearing during a markup.
Rule 5.--Subcommittee Rules
The rules of the Committee shall be the rules of its
subcommittees.
Rule 6.--Special Assignment of Members
To facilitate the oversight and other legislative and
investigative activities of the Committee, the Chair 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 and of
enabling such member to participate in any public hearing,
investigation, or study by such subcommittee to be held outside
of Washington, D.C. 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 Chair for that purpose.
Rule 7.--Hearing Procedure
(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 week before the commencement of that hearing unless the
Chair of the Committee, with the concurrence of the ranking
minority member, determines that there is good cause to begin
such hearing at an earlier date or 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. In the latter event, the Chair or the subcommittee
chair, as the case may be, shall have such an announcement
promptly published in the Daily Digest and made publicly
available in electronic form. To the extent practicable, the
Chair or the subcommittee chair 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 practicable
after such public announcement is made.
(b) 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.
(c) 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 Chair of the Committee or any
subcommittee determines that one statement from the Chair 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 briefly
introduce such witness at the hearing.
(d) 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.
(e) 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
Chair 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.
(f) 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.
Rule 8.--Questioning of Hearing Witnesses
(a) Subject to clauses (b), (c), and (d), a Committee
member may question hearing witnesses only when the member has
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 questioning of witnesses
in both Committee and subcommittee hearings shall be initiated
by the Chair, followed by the ranking minority party member and
all other members alternating between the majority and minority
party. The Chair shall exercise discretion in determining the
order in which members will be recognized. In recognizing
members to question witnesses in this fashion, the Chair 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 Chair 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 Chair 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.
(d) In an investigative hearing or in an executive session,
the Chair's authority to extend questioning under subsection
(b) and (c) of this rule shall be equal for the majority and
the minority party and may not exceed one hour in the
aggregate, and shall only be conducted by counsel for the
majority and the minority party when authorized under
subsection (c) of this rule.
Rule 9.--Subpoena Authority
The power to authorize and issue subpoenas is delegated to
the Chair 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 Chair shall notify the ranking minority
member prior to issuing any subpoena under such authority. To
the extent practicable, the Chair 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 Chair shall notify in writing all members of the Committee
of the issuance of the subpoena.
Rule 10.--Deposition Procedure
(a) In accordance with the Committee receiving
authorization by the House of Representatives for the taking of
depositions in furtherance of a Committee investigation, the
Chair, upon consultation with the ranking minority member, may
order the taking of depositions pursuant to notice or subpoena
as contemplated by this rule.
(b) The Chair or majority staff shall consult with the
ranking minority member or minority staff no less than three
business days before any notice or subpoena for a deposition is
issued. After such consultation, all members shall receive
written notice that a notice or subpoena for a deposition will
be issued.
(c) A notice or subpoena issued under this rule shall
specify the date, time, and place of the deposition and the
method or methods by which the deposition will be recorded.
Prior to testifying, a deponent shall be provided with a copy
of the Committee's rules, the House Resolution authorizing the
taking of the deposition, and rule X of the Rules of the House
of Representatives.
(d)(1) A deposition shall be conducted by one or more
members or Committee counsel as designated by the Chair or
ranking minority member.
(2) A deposition shall be taken under oath or affirmation
administered by a member or a person otherwise authorized to
administer oaths and affirmations.
(3) A deposition shall be, unless waived by the deponent,
attended by a member of the Committee.
(e) A deponent may be accompanied at a deposition by
counsel to advise the deponent of the deponent's rights. Only
members and Committee counsel, however, may examine the
deponent. No one may be present at a deposition other than
members, Committee staff designated by the Chair or ranking
minority member, such individuals as may be required to
administer the oath or affirmation and transcribe or record the
proceedings, the deponent, and the deponent's counsel
(including personal counsel and counsel for the entity
employing the deponent if the scope of the deposition is
expected to cover actions taken as part of the deponent's
employment). Observers or counsel for other persons or entities
may not attend.
(f)(1) Unless the majority, minority, and deponent agree
otherwise, questions in a 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 counsel conducting the deposition agree to a different
length of questioning. In each round, a member or Committee
counsel designated by the Chair shall ask questions first, and
the member or Committee counsel designated by the ranking
minority member shall ask questions second.
(2) Any objection made during a deposition must be stated
concisely and in a non-argumentative and non-suggestive manner.
Deponent may refuse to answer a question only to preserve a
privilege. When the deponent has objected and refused to answer
a question to preserve a privilege, the Chair may rule on any
such objection after the deposition has adjourned. If the Chair
overrules any such objection and thereby orders a deponent to
answer any question to which a privilege objection was lodged,
such ruling shall be filed with the clerk of the Committee and
shall be provided to members and the deponent no less than
three days before the ruling is enforced at a reconvened
deposition. If a member of the Committee appeals in writing the
ruling of the Chair, the appeal shall be preserved for
Committee consideration. A deponent who refuses to answer a
question after being directed to answer by the Chair in writing
may be subject to sanction, except that no sanctions may be
imposed if the ruling of the Chair is reversed on appeal. In
all cases, when deposition testimony for which an objection has
been made is offered for admission in evidence before the
Committee, all properly lodged objections then made shall be
timely and shall be considered by the Committee prior to
admission in evidence before the Committee.
(g) Deposition testimony shall be transcribed by
stenographic means and may also be video recorded. The clerk of
the Committee shall receive the transcript and any video
recording and promptly forward such to minority staff at the
same time the clerk distributes such to other majority staff.
(h) The individual administering the oath shall certify on
the transcript that the deponent was duly sworn. The
transcriber shall certify that the transcript is a true,
verbatim record of the testimony, and the transcript and any
exhibits shall be filed, as shall any video recording, with the
clerk of the Committee. In no case shall any video recording be
considered the official transcript of a deposition or otherwise
supersede the certified written transcript.
(i) After receiving the transcript, majority staff shall
make available the transcript for review by the deponent or
deponent's counsel. No later than ten business days thereafter,
the deponent may submit suggested changes to the Chair.
Committee majority staff may direct the clerk of the Committee
to note any typographical errors, including any requested by
the deponent or minority staff, via an errata sheet appended to
the transcript. Any proposed substantive changes,
modifications, clarifications, or amendments to the deposition
testimony must be submitted by the deponent as an affidavit
that includes the deponent's reasons therefore. Any substantive
changes, modifications, clarifications, or amendments shall be
included as an appendix to the transcript, a copy of which
shall be promptly forwarded to minority staff.
(j) The Chair and ranking minority member shall consult
regarding the release of deposition transcript or electronic
recordings. If either objects in writing to a proposed release
of a deposition transcript or electronic recording or a portion
thereof, the matter shall be promptly referred to the Committee
for resolution.
Rule 11.--Quorums
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.
Rule 12.--Referral of Bills, Resolutions, and Other Matters
(a) The Chair shall consult with subcommittee chair
regarding referral to the appropriate subcommittees of such
bills, resolutions, and other matters that have been referred
to the Committee. Once copies of a bill, resolution, or other
matter are available to the Committee, the Chair 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 have elapsed after written notification of such
proposed referral to all subcommittee chair, at which time such
proposed referral shall be made unless one or more subcommittee
chair shall have given written notice to the Chair of the full
Committee and to the chair 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. Upon a
majority vote of the Committee, a bill, resolution, or other
matter referred to a subcommittee in accordance with this rule
may be recalled at any time for the Committee's direct
consideration or for reference to another subcommittee.
(c) The Chair shall announce the date, place, and subject
matter of a Committee meeting, which may not commence earlier
than the third day on which members have notice thereof; but
this requirement may be waived if the Chair of the Committee,
with the concurrence of the ranking minority member, determines
that there is good cause or 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 such
business.
(d) 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.
(e) In determining the order in which amendments to a
matter pending before the Committee or a subcommittee will be
considered, the Chair may give priority to:
(1) The Chair'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 13.--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 rule XI of the Rules
of the House of Representatives, the Chair 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 Chair 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 14.--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 and shall be made available on the Committee's
website within 48 hours of such record vote. Information so
available for public inspection and on the Committee's website
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 present but not
voting. The text of an amendment offered to a measure or matter
considered in Committee shall be made publicly available in
electronic form not later than 24 hours after its final
disposition in Committee. 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 of Representatives, 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 12(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 15.--Reports
(a) Reports of the Committee.--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.
(1) 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 of
Representatives. No material change shall be made in
the report distributed to members unless agreed to by
the ranking minority member; 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.
(2) 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.
(3) 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.
(b) Disclaimers.--(1) A 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 of Representatives: This report has not been
officially adopted by the Committee on Education and the
Workforce 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 of Representatives and provision is
made for the filing by any member, as part of the printed
report, of individual, minority, or dissenting views.
(2) 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 the Workforce (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.
(c) Reports of Subcommittees.--Whenever a subcommittee has
ordered a bill, resolution, or other matter to be reported to
the Committee, the chair 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 chair 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.
(1) In any event, the report, described in the
proviso in subsection (c)(2) 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 chair
of the subcommittee a notice of the filing of that
request.
(2) 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 Chair 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.
Rule 16.--Appointment of Conferees, Notice of Conference Meetings, and
Conference Motion
(a) Whenever in the legislative process it becomes
necessary to appoint conferees, the Chair 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 Chair may designate with the approval of the
majority party members. Recommendations of the Chair 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 Chair 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 Chair
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 Chair is directed to offer a motion under clause 1
of rule XXII of the Rules of the House of Representatives
whenever the Chair considers it appropriate.
Rule 17.--Measures to be Considered Under Suspension
A member of the Committee may not seek to suspend the Rules
of the House of Representatives 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 Chair and ranking minority member of the full Committee.
Rule 18.--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 Chair of the Committee, the
subcommittee chair, 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 of Representatives.
(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 accredited to the Press Photographers' Gallery.
(b) Audio and Video Coverage of Committee Hearings and
Meetings.--To the maximum extent practicable, the Committee
shall provide audio and video coverage of each hearing or
meeting for the transaction of business in a manner that allows
the public to easily listen to and view the proceedings and
shall maintain the recordings of such coverage in a manner that
is easily accessible to the public. Such coverage shall be fair
and nonpartisan in accordance with clause 4(b) of rule XI of
the Rules of the House of Representatives and other applicable
rules of the House of Representatives and of the Committee.
Personnel providing such coverage shall be employees of the
House of Representatives or currently accredited to the Radio
and Television Correspondents' Galleries.
Rule 19.--Committee Staff
(a) The employees of the Committee shall be appointed by
the Chair in consultation with subcommittee chair 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 20.--Supervision and Duties of Committee Staff
The staff of the Committee shall be under the general
supervision and direction of the Chair, who shall establish and
assign the duties and responsibilities of such staff members
and delegate authority as he or she 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 21.--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 Chair. Travel may
be authorized by the Chair 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 that involve activities or
subject matter under the general jurisdiction of the Committee.
The Chair shall review travel requests to assure the validity
to Committee business. 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 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
Chair, or, in the case of a subcommittee, from the subcommittee
chair and 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 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 Chair or the chair of a subcommittee (except
that individuals may submit a request to the Chair for the
purpose of attending a conference or meeting) and shall be
limited to members and permanent employees of the Committee.
(3) The Chair 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 Chair
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 of
Representatives 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 Chair's authorization for any travel, the
ranking minority party member shall be given a copy of the
written request therefor.
Rule 22.--Budget and Expenses
(a) The Chair, 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 Chair 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 Chair shall take whatever action is
necessary to have the budget as finally approved by the
Committee duly authorized by the House of Representatives.
After such budget shall have been adopted, no change shall be
made in such budget unless approved by the Committee. The Chair
or the chair of any standing subcommittee may initiate
necessary travel requests as provided in Committee rule 21
within the limits of their portion of the consolidated budget
as approved by the House, and the Chair 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 Chair
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, D.C.:
(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 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
FRED UPTON, Michigan, Chairman
HENRY A. WAXMAN, California, JOE BARTON, Texas
Ranking Member CLIFF STEARNS, Florida
JOHN D. DINGELL, Michigan ED WHITFIELD, Kentucky
EDWARD J. MARKEY, Massachusetts JOHN SHIMKUS, Illinois
EDOLPHUS TOWNS, New York JOSEPH R. PITTS, Pennsylvania
FRANK PALLONE, Jr., New Jersey MARY BONO MACK, California
BOBBY L. RUSH, Illinois GREG WALDEN, Oregon
ANNA G. ESHOO, California LEE TERRY, Nebraska
ELIOT L. ENGEL, New York MIKE RODGERS, Michigan
GENE GREEN, Texas SUE MYRICK, North Carolina
DIANA DeGETTE, Colorado JOHN SULLIVAN, Oklahoma
LOIS CAPPS, California TIM MURPHY, Pennsylvania
MICHAEL F. DOYLE, Pennsylvania MICHAEL BURGESS, Texas
JAN SCHAKOWSKY, Illinois MARSHA BLACKBURN, Tennessee
CHARLES A. GONZALEZ, Texas BRIAN P. BILBRAY, California
JAY INSLEE, Washington CHARLES F. BASS, New Hampshire
TAMMY BALDWIN, Wisconsin PHIL GINGREY, Georgia
MIKE ROSS, Arkansas STEVE SCALISE, Louisiana
JIM MATHESON, Utah BOB LATTA, Ohio
G.K. BUTTERFIELD, North Carolina CATHY McMORRIS RODGERS, Washington
JOHN BARROW, Georgia GREGG HARPER, Mississippi
DORIS O. MATSUI, California LEONARD LANCE, New Jersey
DONNA CHRISTENSEN, United States Virgin IslandsDY, Louisiana
KATHY CASTOR, Florida BRETT GUTHRIE, Kentucky
PETE OLSON, Texas
DAVID McKINLEY, West Virginia
CORY GARDNER, Colorado
MIKE POMPEO, Kansas
ADAM KINZINGER, Illinois
MORGAN GRIFFITH, Virginia
(Adopted January 20, 2011)
Rule 1.--General Provisions
(a) Rules of the Committee.--The Rules of the House are the
rules of the Committee on Energy and Commerce (the
``Committee'') and its subcommittees so far as is applicable.
(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 is 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.--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) Notice.--The date, time, place, and subject matter of
any meeting of the Committee 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. The date,
time, place, and subject matter of other meetings when the
House is in session shall be announced to allow Members to have
at least three days notice (exclusive of Saturdays, Sundays,
and legal holidays except when the House is in session on such
days) of such meeting. The date, time, place, and subject
matter of all other meetings shall be announced at least 72
hours in advance of the commencement of such meeting.
(d) Agenda.--The agenda for each Committee meeting, setting
out 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.
(e) Availability of Texts.--No bill, recommendation, or
other matter shall be considered by the Committee unless the
text of the matter, together with an explanation, has been
available to members of the Committee for three days (or 24
hours in the case of a substitute for introduced legislation).
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.
(f) Waiver.--The requirements of subsections (c), (d), and
(e) may be waived by a majority of those present and voting (a
majority being present) of the Committee or by the chairman
with the concurrence of the ranking member, as the case may be.
Rule 3.--Hearings
(a) Notice.--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 a
determination is made 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.
(b) Memorandum.--Each member of the Committee shall be
provided, except in the case of unusual circumstances, with a
memorandum at least 48 hours before each hearing explaining (1)
the purpose of the hearing and (2) the names of any witnesses.
(c) Witnesses.--(1) 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 the
Committee 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 argument. The chairman of the
Committee or the presiding member may waive the requirements of
this paragraph or any part thereof.
(2) To the greatest extent practicable, the written
testimony of each witness appearing in a nongovernmental
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.
(d) Questioning.--(1) The right to interrogate the
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.
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.
(2) 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. The
chairman with the concurrence of the ranking minority member,
or the Committee by motion, may also 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.
(3) Each member may submit to the chairman of the Committee
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.
Rule 4.--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, other than the Oversight and
Investigations 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.
Rule 5.--Open Proceedings
Except as provided by the Rules of the House, each meeting
and hearing of the Committee 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 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 in question. A majority of the members of the
Committee shall constitute a quorum for those actions for which
the House Rules require a majority quorum. For the purposes of
taking any other action, one-third of the members of the
Committee 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
publicly available in electronic form on the Committee's
website and in the Committee office for inspection by the
public, as provided in rule XI, clause 2(e) of the Rules of the
House, within 24 hours. Such result 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. The
chairman, with the concurrence of the ranking minority member,
may from time to time postpone record votes ordered on
amendments to be held at a time certain during the
consideration of legislation.
(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
(a) Establishment.--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.
(b) Powers and Duties.--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.
(c) 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.
(d) 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.
(e) 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. The minority chairman emeritus
shall be an ex officio member without voting privileges of each
subcommittee of which the minority chairman emeritus is not
assigned as a member and shall not be counted for purposes of
establishing a quorum on any such subcommittee.
Rule 9.--Opening Statements
(a) Written Statements.--All written opening statements at
hearings and business meetings conducted by the committee shall
be made part of the permanent record.
(b) Length.--(1) At full committee hearings, the chairman
and ranking minority member shall be limited to 5 minutes each
for an opening statement, and may designate another member to
give an opening statement of not more than 5 minutes. At
subcommittee hearings, the subcommittee chairman and ranking
minority member of the subcommittee shall be limited to 5
minutes each for an opening statement. In addition, the full
committee chairman and ranking minority member shall each be
allocated 5 minutes for an opening statement for themselves or
their designees.
(2) At any business meeting of the Committee, 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. The chairman may further limit opening
statements for Members (including, at the discretion of the
Chairman, the chairman and ranking minority member) to one
minute.
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 matters 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 subcommittees having legislative or
oversight jurisdiction.
Rule 11.--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 12.--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 13.--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 14.--Committee Budget
(a) Administration of Committee Budget.--The chairman of
the Committee, in consultation with the ranking minority
member, shall for the 112th Congress attempt to ensure that the
Committee receives necessary amounts for professional and
clerical staff, travel, investigations, equipment and
miscellaneous expenses of the Committee and the subcommittees,
which shall be adequate to fully discharge the Committee's
responsibilities for legislation and oversight.
(b) 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 15.--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 16.--Subpoenas
The chairman of the Committee may, after consultation with
the ranking minority member, authorize and issue a subpoena
under clause 2(m) of rule XI of the House. If the ranking
minority member objects to the proposed subpoena in writing,
the matter shall be referred to the Committee for resolution.
The chairman of the Committee may authorize and issue subpoenas
without referring the matter to the Committee for resolution
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. 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 17.--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).
Rule 18.--Website
The chairman shall maintain an official Committee website
for the purposes 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 website for the purpose of carrying out official
responsibilities, including communicating information about the
activities of the minority members of the Committee to
Committee members and other members of the House.
Rule 19.--Conferences
The chairman of the 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.
Committee on Ethics
JO BONNER, Alabama, Chairman
LINDA T. SANCHEZ, California MICHAEL McCAUL, Texas
Ranking Member MIKE CONAWAY, Texas
MAZIE HIRONO, Hawaii CHARLES DENT, Pennsylvania
JOHN YARMUTH, Kentucky GREGG HARPER, Mississippi
DONNA EDWARDS, Maryland
PEDRO PIERLUISI, Puerto Rico
(Adopted February 15, 2011)
FOREWORD
The Committee on Ethics 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, 112th 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 Chair 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 Ethics.
(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) ``Investigate,'' ``Investigating,'' and/or
``Investigation'' mean review of the conduct of a Member,
officer or employee of the House of Representatives that is
conducted or authorized by the Committee, an investigative
subcommittee, or the Chair and Ranking Minority Member of the
Committee.
(e) ``Board'' means the Board of the Office of
Congressional Ethics.
(f) ``Referral'' means a report sent to the Committee from
the Board pursuant to House Rules and all applicable House
Resolutions regarding the conduct of a House Member, officer or
employee, including any accompanying findings or other
supporting documentation.
(g) ``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.
(h) ``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.
(i) ``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.
(j) ``Sanction Hearing'' means a Committee hearing to
determine what sanction, if any, to adopt or to recommend to
the House of Representatives.
(k) ``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.
(l) ``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.
(m) ``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,
including reviews of requests for privately-sponsored travel
pursuant to the Committee's travel regulations; 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 Chair 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) Requests for privately-sponsored travel shall be
treated like any other request for a written opinion for
purposes of paragraphs (g) through (l).
(1) The Committee's Travel Guidelines and Regulations
shall govern the request submission and Committee
approval process for privately-sponsored travel
consistent with House Rules.
(2) A request for privately-sponsored travel of a
Member, officer, or employee shall include a completed
and signed Traveler Form that attaches the Private
Sponsor Certification Form and includes all information
required by the Committee's travel regulations. A
private sponsor offering officially-connected travel to
a Member, officer, or employee must complete and sign a
Private Sponsor Certification Form, and provide a copy
of that form to the invitee(s).
(3) Any individual who knowingly and willfully
falsifies, or who knowingly and willfully fails to file
a Traveler Form or Private Sponsor Certification Form
may be subject to civil penalties and criminal
sanctions pursuant to 18 U.S.C. Sec. 1001.
(g) 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.
(h) Where a request is unclear or incomplete, the Office of
Advice and Education may seek additional information from the
requester.
(i) The Chair 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 Chair or Ranking Minority Member requests
a written opinion, or seeks a waiver, extension, or approval
pursuant to rules 3(m), 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.
(j) The Committee shall keep confidential any request for
advice from a Member, officer, or employee, as well as any
response thereto. Upon request of any Member, officer, or
employee who has submitted a written request for an opinion or
submitted a request for privately-sponsored travel, the
Committee may release to the requesting individual a copy of
their own written request for advice or submitted travel forms,
any subsequent written communications between such individual
and Committee staff regarding the request, and any Committee
advisory opinion or travel letter issued to that individual in
response. The Committee shall not release any internal
Committee staff work product, communications or notes in
response to such a request, except as authorized by the
Committee.
(k) 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.
(l) 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.
(m) 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.
(n) 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.
(o) 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) Any Financial Disclosure Reports filed by Members of
the Board of the Office of Congressional Ethics that are
forwarded to the Committee by the Clerk shall not be subject to
paragraphs (d) through (q) of this rule regarding Financial
Disclosure Statements filed pursuant to Title I of the Ethics
in Government Act of 1978. The Office of Congressional Ethics
retains jurisdiction over review of the timeliness and
completeness of filings by Members of the Board as the Board's
supervising ethics office.
(d) The Chair 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.
(e) 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.
(f) 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 Chair and Ranking Minority Member are
authorized to approve requests that the fee be waived
based on extraordinary circumstances.
(g) Any late report that is submitted without a required
filing fee shall be deemed procedurally deficient and not
properly filed.
(h) The Chair 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.
(i) The Chair 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.
(j) 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.
(k) Each Financial Disclosure Statement shall be reviewed
within 60 days after the date of filing.
(l) 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.
(m) Within the time specified, including any extension
granted in accordance with clause (d), 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.
(n) 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.
(o) Within the time specified, including any extension
granted in accordance with clause (d), 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.
(p) The Committee shall be the final arbiter of whether any
Statement requires clarification or amendment.
(q) 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 Tuesday of each month, except when the House of
Representatives is not meeting on that day. When the Committee
Chair determines that there is sufficient reason, meetings may
be called on additional days. A regularly scheduled meeting
need not be held when the Chair determines there is no business
to be considered.
(b) The Chair 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 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
Chair.
(f) Insofar as practicable, notice for any Committee or
subcommittee meeting shall be provided at least seven days in
advance of the meeting. The Chair 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 the
individual 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 the employment or duties
with the Committee of such individual without specific prior
approval from the Chair 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
Chair and Ranking Minority Member each may appoint one
individual as a shared staff member from the respective
personal staff of the Chair or Ranking Minority Member to
perform service for the Committee. Such shared staff may assist
the Chair or Ranking Minority Member on any subcommittee on
which the Chair or Ranking Minority Member 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 Ethics, 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. This rule shall not prohibit
the Chair or Ranking Minority Member from disclosing to the
Board of the Office of Congressional Ethics the existence of a
Committee investigation, the name of the Member, officer or
employee of the House who is the subject of that investigation,
and a brief statement of the scope of that investigation in a
written request for referral pursuant to rule 17A(k). Such
disclosures will only be made subject to written confirmation
from the Board that the information provided by Chair or
Ranking Minority Member will be kept confidential by the Board.
(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) Except as provided in rule 17A, 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 Chair 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
Chair 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 Chair 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 Chair 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 such Member is the respondent.
(e) A member of the Committee may seek disqualification
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, the Chair 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) Adopting or amending 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) Adopting a recommendation to the House of
Representatives that a sanction be imposed.
(7) Adopting a report relating to the conduct of a
Member, officer, or employee.
(8) Issuing 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) 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.
(c) 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.
(d) 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 such Member believes the
information is submitted in good faith and warrants the
review and consideration of the Committee;
(3) the Committee, on its own initiative, undertakes
an investigation;
(4) a Member, officer, or employee is convicted in a
Federal, State, or local court of a felony;
(5) the House of Representatives, by resolution,
authorizes or directs the Committee to undertake an
inquiry or investigation; or
(6) a referral from the Board is transmitted to the
Committee.
(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
such Member 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 Chair and Ranking Minority Member
(a) Whenever information offered as a complaint is
submitted to the Committee, the Chair 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 Chair 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 Chair 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 Chair 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 Chair or Ranking Minority Member has placed
on the agenda the issue of whether to establish an
investigative subcommittee.
(d) If the Chair 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 Chair 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 Chair 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 5 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 the respondent 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 relevant to the
case from other sources prior to the establishment of an
investigative subcommittee only when so directed by the Chair
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.
Rule 17A.--Referrals from the Board of the Office of Congressional
Ethics
(a) The Committee has exclusive jurisdiction over the
interpretation, administration, and enforcement of the Code of
Official Conduct pursuant to clause 1(g) of House rule X.
Receipt of referrals from the Board under this rule does not
limit the Committee's discretion to address referrals in any
way through the appropriate procedures authorized by Committee
Rules. The Committee shall review the report and findings
transmitted by the Board without prejudice or presumptions as
to the merit of the allegations.
(b)(1) Whenever the Committee receives either (A) a
referral containing a written report and any findings and
supporting documentation from the Board; or (B) a referral from
the Board pursuant to a request under rule 17A(k), the Chair
shall have 45 calendar days or 5 legislative days after the
date the referral is received, whichever is later, to make
public the report and findings of the Board unless the Chair
and Ranking Minority Member jointly decide, or the Committee
votes, to withhold such information for not more than one
additional 45-day period.
(2) At least one calendar day before the Committee makes
public any report and findings of the Board the Chair shall
notify in writing the Board and the Member, officer, or
employee who is the subject of the referral of the impending
public release of these documents. At the same time, the Chair
shall transmit a copy of any public statement on the
Committee's disposition of the matter and any accompanying
Committee report to the individual who is the subject of the
referral.
(3) All public statements and reports and findings of the
Board that are required to be made public under this Rule shall
be posted on the Committee's website.
(c) If the OCE report and findings are withheld for an
additional 45-day period pursuant to paragraph (b)(1), the
Chair shall--
(1) make a public statement that the Committee has
decided or voted to extend the matter referred from the
Board on the day of such decision or vote; and
(2) make public the written report and findings
pursuant to paragraph (b) upon the termination of such
additional period.
(d) If the Board transmits a report with a recommendation
to dismiss or noting a matter as unresolved due to a tie vote,
and the Committee votes to extend the matter for an additional
period as provided in paragraph (b), the Committee is not
required to make a public statement that the Committee has
voted to extend the matter pursuant to paragraph (b)(1).
(e) If the Committee votes to dismiss a matter referred
from the Board, the Committee is not required to make public
the written report and findings of the Board pursuant to
paragraph (c) unless the Committee's vote is inconsistent with
the recommendation of the Board. A vote by the Committee to
dismiss a matter is not considered inconsistent with a report
from the Board that the matter is unresolved by the Board due
to a tie vote.
(f) Except as provided by paragraph (g):
(1) If the Committee establishes an investigative
subcommittee respecting any matter referred by the
Board, then the report and findings of the Board shall
not be made public until the conclusion of the
investigative subcommittee process pursuant to rule 19.
The Committee shall issue a public statement noting the
establishment of an investigative subcommittee, which
shall include the name of the Member, officer, or
employee who is the subject of the inquiry, and shall
set forth the alleged violation.
(2) If any such investigative subcommittee does not
conclude its review within one year after the Board's
referral, then the Committee shall make public the
report of the Board no later than one year after the
referral. If the investigative subcommittee does not
conclude its review before the end of the Congress in
which the report of the Board is made public, the
Committee shall make public any findings of the Board
on the last day of that Congress.
(g) If the vote of the Committee is a tie or the Committee
fails to act by the close of any applicable period(s) under
this rule, the report and the findings of the Board shall be
made public by the Committee, along with a public statement by
the Chair explaining the status of the matter.
(h)(1) If the Committee agrees to a request from an
appropriate law enforcement or regulatory authority to defer
taking action on a matter referred by the Board under paragraph
(b)--
(A) The Committee is not required to make public the
written report and findings of the Board pursuant to
paragraph (c), except that if the recommendation of the
Board is that the matter requires further review, the
Committee shall make public the written report of the
Board but not the findings; and
(B) The Committee shall make a public statement that
it is deferring taking action on the matter at the
request of such law enforcement or regulatory authority
within one day (excluding weekends and public holidays)
of the day that the Committee agrees to the request.
(2) If the Committee has not acted on the matter within one
year of the date the public statement described in paragraph
(h)(1)(B) is released, the Committee shall make a public
statement that it continues to defer taking action on the
matter. The Committee shall make a new statement upon the
expiration of each succeeding one-year period during which the
Committee has not acted on the matter.
(i) The Committee shall not accept, and shall return to the
Board, any referral from the Board within 60 days before a
Federal, State, or local election in which the subject of the
referral is a candidate.
(j) The Committee may postpone any reporting requirement
under this rule that falls within that 60-day period until
after the date of the election in which the subject of the
referral is a candidate. For purposes of calculating any
applicable period under this rule, any days within the 60-day
period before such an election shall not be counted.
(k)(1) At any time after the Committee receives written
notification from the Board of the Office of Congressional
Ethics that the Board is undertaking a review of alleged
conduct of any Member, officer, or employee of the House at a
time when the Committee is investigating, or has completed an
investigation of the same matter, the Committee may so notify
the Board in writing and request that the Board cease its
review and refer the matter to the Committee for its
consideration immediately. The Committee shall also notify the
Board in writing if the Committee has not reached a final
resolution of the matter or has not referred the matter to the
appropriate Federal or State authorities by the end of any
applicable time period specified in rule 17A (including any
permissible extension).
(2) The Committee may not request a second referral of the
matter from the Board if the Committee has notified the Board
that it is unable to resolve the matter previously requested
pursuant to this section. The Board may subsequently send a
referral regarding a matter previously requested and returned
by the Committee after the conclusion of the Board's review
process.
Rule 18.--Committee-Initiated Inquiry or Investigation
(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 the duties or the discharge of the
responsibilities of such individual. The Chair 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. The Chair and Ranking Minority Member may
also jointly take appropriate action consistent with Committee
Rules to resolve the matter.
(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
investigation into such person's own conduct shall be
considered 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)(1) 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.
(2) Not later than 30 days after a Member, officer or
employee of the House is indicted or otherwise formally charged
with criminal conduct in any Federal, State or local court, the
Committee shall either initiate an inquiry upon a majority vote
of the members of the Committee or submit a report to the House
describing its reasons for not initiating an inquiry and
describing the actions, if any, that the Committee has taken in
response to the allegations.
Rule 19.--Investigative Subcommittee
(a)(1) Upon the establishment of an investigative
subcommittee, the Chair 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 Chair and
Ranking Minority Member of the Committee. At the time of
appointment, the Chair shall designate one member of the
subcommittee to serve as the Chair and the Ranking Minority
Member shall designate one member of the subcommittee to serve
as the ranking minority member of the investigative
subcommittee. The Chair 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.
(2) The respondent shall be notified of the membership of
the investigative subcommittee and shall have 10 days after
such notice is transmitted to object to the participation of
any subcommittee member. Such objection shall be in writing and
must 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 any disqualification and may choose to seek
disqualification from participating in the inquiry pursuant to
rule 9(e).
(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 Chair 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 Chair 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 Chair or subcommittee
member designated by the Chair 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 Chair of the subcommittee or other presiding
member at any investigative subcommittee proceeding
shall rule upon any question of admissibility or
relevance 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. A
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 inquiry.
(e) Upon completion of the inquiry, 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 Violations
(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
the 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
Chair 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 Chair 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 Chair 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 Chair
of the investigative subcommittee to the Chair and Ranking
Minority Member of the Committee.
Rule 23.--Adjudicatory Hearings
(a) If a Statement of Alleged Violation is transmitted to
the Chair and Ranking Minority Member pursuant to rule 22, and
no waiver pursuant to rule 26(b) has occurred, the Chair shall
designate the members of the Committee who did not serve on the
investigative subcommittee to serve on an adjudicatory
subcommittee. The Chair and Ranking Minority Member of the
Committee shall be the Chair 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
10 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
any disqualification and may choose to seek disqualification
from serving on the subcommittee pursuant to rule 9(e).
(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 respondent's
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 5 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 Chair of the subcommittee or other presiding
member at an adjudicatory subcommittee hearing shall
rule upon any question of admissibility or relevance 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 ruling to the
members present at that proceeding. A 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 Chair 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 Chair 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 Chair 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 relevant
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
Chair.
(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 Chair's discretion. Subcommittee members may then
question witnesses. Unless otherwise directed by the
Chair, questions by Subcommittee members shall be
conducted under the five-minute rule.
(5) The Chair 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 Chair.
(k) 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 Chair 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 relevant
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 Chair or Committee member designated by the
Chair 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 the respondent's 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 respondent's 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 respondent's
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 respondent's 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 Chair 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 Chair and Ranking
Minority Member of the subcommittee, and outside counsel, if
any.
(i) Statements or information derived solely from a
respondent or respondent's 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 the respondent 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 Chair 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 Chair 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 the witness' own
deposition or other testimony taken in executive session, or,
with the approval of the Chair 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 a majority 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 Financial Services
SPENCER BACHUS, Alabama, Chairman
STEPHEN LEE FINCHER, Tennessee JEB HENSARLING, Texas,
BARNEY FRANK, Massachusetts, Vice Chairman
Ranking Member PETER T. KING, New York
MAXINE WATERS, California EDWARD R. ROYCE, California
CAROLYN B. MALONEY, New York FRANK D. LUCAS, Oklahoma
LUIS V. GUTIERREZ, Illinois RON PAUL, Texas
NYDIA M. VELAZQUEZ, New York DONALD A. MANZULLO, Illinois
MELVIN L. WATT, North Carolina WALTER B. JONES, North Carolina
GARY L. ACKERMAN, New York JUDY BIGGERT, Illinois
BRAD SHERMAN, California GARY G. MILLER, California
GREGORY W. MEEKS, New York SHELLEY MOORE CAPITO,
MICHAEL E. CAPUANO, Massachusetts West Virginia
RUBEN HINOJOSA, Texas SCOTT GARRETT, New Jersey
WM. LACY CLAY, Missouri RANDY NEUGEBAUER, Texas
CAROLYN McCARTHY, New York PATRICK T. McHENRY, North Carolina
JOE BACA, California JOHN CAMPBELL, California
STEPHEN F. LYNCH, Massachusetts MICHELE BACHMANN, Minnesota
BRAD MILLER, North Carolina THADDEUS G. McCOTTER, Michigan
DAVID SCOTT, Georgia KEVIN McCARTHY, California
AL GREEN, Texas STEVAN PEARCE, New Mexico
EMANUEL CLEAVER, Missouri BILL POSEY, Florida
GWEN MOORE, Wisconsin MICHAEL G. FITZPATRICK,
KEITH ELLISON, Minnesota Pennsylvania
ED PERLMUTTER, Colorado LYNN A. WESTMORELAND, Georgia
JOE DONNELLY, Indiana BLAINE LUETKEMEYER, Missouri
ANDRE CARSON, Indiana BILL HUIZENGA, Michigan
JAMES A. HIMES, Connecticut SEAN P. DUFFY, Wisconsin
GARY C. PETERS, Michigan NAN. A. S. HAYWORTH, New York
JOHN C. CARNEY, Jr., Delaware JAMES B. RENACCI, Ohio
ROBERT HURT, Virginia
ROBERT J. DOLD, Illinois
DAVID SCHWEIKERT, Arizona
MICHAEL G. GRIMM, New York
FRANCISCO ``QUICO'' CANSECO, Texas
STEVE STIVERS, Ohio
(Adopted January 25, 2011)
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
three calendar days before the time of the meeting.
(2) The Chair shall provide to each member of the
Committee, at least three 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) At least 24 hours prior to the commencement of a
meeting for the markup of legislation, the Chair shall cause
the text of such legislation to be made publicly available in
electronic form.
(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.
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) To the extent feasible, members and witnesses may use
the Committee equipment for the purpose of presenting
information electronically during a meeting or hearing provided
the information is transmitted to the appropriate Committee
staff in an appropriate electronic format at least one business
day before the meeting or hearing so as to ensure display
capacity and quality. The content of all materials must relate
to the pending business of the Committee and conform to the
rules of the House. The confidentiality of the material will be
maintained by the technical staff until its official
presentation to the Committee members. For the purposes of
maintaining the official records of the committee, printed
copies of all materials presented, to the extent practicable,
must accompany the presentations.
(6) 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 addition to any other requirement of these rules or
the Rules of the House, including clause 2(e)(1)(B) of rule XI,
the Chair shall make the record of the votes on any question on
which a record vote is demanded publicly available for
inspection at the offices of the Committee and in electronic
form on the Committee's Web site not later than one business
day after such vote is taken. Such record shall include in
electronic form the text 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. With respect to any record vote on any
motion to report or record vote on any amendment, a record of
such votes 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 of the committee present but not voting.
(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, not-
withstanding 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. At the same time the Chair
provides the information required by the preceding sentence,
the Chair shall also provide to the members of the Committee a
final list consisting of the names of each witness who is to
appear before the Committee at that hearing. The witness list
may not be modified within 24 hours of a hearing, unless the
Chair, with the concurrence of the ranking minority member,
determines there is good cause for such modification.
(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 hereof) or contract (or
subcontract thereof) received during the current fiscal
year or either of the two preceding fiscal years. Such
disclosure statements, with appropriate redactions to
protect the privacy of the witness, shall be made
publicly available in electronic form not later than
one day after the witness appears.
(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
five 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 three 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 Monetary Policy 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 five years
and not more than twenty five 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)(1)(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, after 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 designees, and ten
minutes, to be controlled by the ranking minority member, or
the ranking minority member's designees. Following such time,
the duration for opening statements may be extended by
agreement between the Chairman and ranking minority member, 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
Subcommittee Chair or Chair's designees and ten minutes, to be
controlled by the ranking minority member of the Subcommittee
or the ranking minority member's designees. Following such
time, the duration for opening statements may be extended by
agreement between the Chair of the subcommittee and ranking
minority member of the subcommittee, 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 shall be made a
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 six subcommittees of the Committee as
follows:
(A) Subcommittee on Capital Markets and Government
Sponsored Enterprises.--The jurisdiction of the
Subcommittee on Capital Markets 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 Federal Housing Finance Agency; and
(vii) the Federal Home Loan Banks.
(B) Subcommittee on Domestic Monetary Policy and
Technology.--The jurisdiction of the Subcommittee on
Domestic Monetary Policy 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;
and,
(vi) development of new or alternative forms
of currency.
(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) all matters related to the Bureau of
Consumer Financial Protection;
(iii) the chartering, branching, merger,
acquisition, consolidation, or conversion of
financial institutions;
(iv) 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;
(v) creditor remedies and debtor defenses,
Federal aspects of the Uniform Consumer Credit
Code, credit and debit cards, and the
preemption of State usury laws;
(vi) consumer access to financial services,
including the Home Mortgage Disclosure Act and
the Community Reinvestment Act;
(vii) 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;
(viii) deposit insurance; and
(ix) consumer access to savings accounts and
checking accounts in financial institutions,
including lifeline banking and other consumer
accounts.
(D) Subcommittee on Insurance, Housing and Community
Opportunity.--The jurisdiction of the Subcommittee on
Insurance, Housing and Community Opportunity includes--
(i) insurance generally; terrorism risk
insurance; private mortgage insurance;
government sponsored insurance programs,
including those offering protection against
crime, fire, flood (and related land use
controls), earthquake and other natural
hazards; the Federal Insurance Office;
(ii) 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; 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;
(iii) 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; and,
(iv) the qualifications for and designation
of Empowerment Zones and Enterprise Communities
(other than matters relating to tax benefits).
(E) Subcommittee on International Monetary Policy and
Trade.--The jurisdiction of the Subcommittee on
International Monetary Policy and Trade includes--
(i) 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;
(ii) international trade, including but not
limited to the activities of the Export-Import
Bank;
(iii) the International Monetary Fund, its
permanent and temporary agencies, and all
matters related thereto; and
(iv) 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.
(F) 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 sub-
committee 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 and
Government Sponsored Enterprises shall be comprised of
35 members, 20 elected by the majority caucus and 15
elected by the minority caucus.
(B) The Subcommittee on Domestic Monetary Policy and
Technology shall be comprised of 14 members, 8 elected
by the majority caucus and 6 elected by the minority
caucus.
(C) The Subcommittee on Financial Institutions and
Consumer Credit shall be comprised of 30 members, 17
elected by the majority caucus and 13 elected by the
minority caucus.
(D) The Subcommittee on Insurance, Housing and
Community Opportunity shall be comprised of 18 members,
10 elected by the majority caucus and 8 elected by the
minority caucus.
(E) The Subcommittee on International Monetary Policy
and Trade shall be comprised of 14 members, 8 elected
by the majority caucus and 6 elected by the minority
caucus.
(F) The Subcommittee on Oversight and Investigations
shall be comprised of 18 members, 10 elected by the
majority caucus and 8 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 in electronic form
and 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.
AUDIO AND VIDEO COVERAGE OF COMMITTEE HEARINGS AND MEETINGS
(c)(1) To the maximum extent feasible, the Committee shall
provide audio and video coverage of each hearing or meeting for
the transaction of business in a manner that allows the public
to easily listen to and view the proceedings; and,
(2) maintain the recordings of such coverage in a manner
that is easily accessible to the public.
Committee on Foreign Affairs
ILEANA ROS-LEHTINEN, Florida,
Chairwoman
HOWARD L. BERMAN, California, CHRISTOPHER H. SMITH, New Jersey
Ranking Member DAN BURTON, Indiana
GARY L. ACKERMAN, New York ELTON GALLEGLY, California,
ENI F.H. FALEOMAVAEGA, Vice Chairman
American Samoa DANA ROHRABACHER, California
DONALD M. PAYNE, New Jersey DONALD A. MANZULLO, Illinois
BRAD SHERMAN, California EDWARD ROYCE, California
ELIOT L. ENGEL, New York STEVE CHABOT, Ohio
GREGORY W. MEEKS, New York RON PAUL, Texas
RUSS CARNAHAN, Missouri MIKE PENCE, Indiana
ALBIO SIRES, New Jersey JOE WILSON, South Carolina
GERALD E. CONNOLLY, Virginia CONNIE MACK, Florida
THEODORE E. DEUTCH, Florida JEFF FORTENBERRY, Nebraska
DENNIS CARDOZA, California MICHAEL T. McCAUL, Texas
BEN CHANDLER, Kentucky TED POE, Texas
BRIAN HIGGINS, New York GUS M. BILIRAKIS, Florida
ALLYSON Y. SCHWARTZ, Pennsylvania JEAN SCHMIDT, Ohio
CHRISTOPHER S. MURPHY, BILL JOHNSON, Ohio
Connecticut DAVID RIVERA, Florida
FREDERICA WILSON, Florida MIKE KELLY, Pennsylvania
KAREN BASS, California TIM GRIFFIN, Arkansas
WILLIAM KEATING, Massachusetts TOM MARINO, Pennsylvania
DAVID CICILLINE, Rhode Island JEFF DUNCAN, South Carolina
ANN MARIE BUERKLE, New York
RENEE ELLMERS, North Carolina
(Adopted February 9, 2011)
Rule 1.--General Provisions
(a) 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.
(b) 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.
(c) The Chairman of the Committee on Foreign Affairs 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 the Chairman 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 a 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 a
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 of the Full Committee or a subcommittee
may postpone further proceedings when a record vote is ordered
on the question of approving any measure or matter, or adopting
an amendment. The relevant Chairman may resume proceedings on a
postponed request at any time. When exercising postponement
authority, the relevant 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 Full
Committee or a subcommittee, with the concurrence of the
relevant 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 Full Committee,
if concurring, shall make the announcement at the earliest
possible date.
(b) Markups and Other Meetings to Transact Business.--(1)
Convening.--The Chairman of the Full Committee or a
subcommittee may call or convene, as the relevant Chairman
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.
(2) Notice.--Public announcement shall be made by the
Chairman of the Full Committee 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 relevant Chairman determines, in consultation with the
relevant 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 Full Committee, if
concurring in that determination, shall make the announcement
at the earliest possible date.
(3) Agenda and Texts.--The relevant Chairman shall provide
to all Committee or subcommittee Members an 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 measure scheduled for
markup, at least 48 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 Full
Committee with the concurrence of the Ranking Minority Member.
The text of any measure to be marked up shall be made publicly
available in electronic form at least 24 hours prior to the
commencement of the markup meeting, or at the time of an
announcement under subparagraph (b)(2) made within 24 hours
before such meeting.
(c) Publication.--Public announcement of all hearings and
markups shall be published in the Daily Digest portion of the
Congressional Record and made publicly available in electronic
form. Members shall be notified by the Staff Director 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 of the Full Committee or a
subcommittee, with questioning by the Committee Members taking
place afterward. Members should refrain from questions until
such statements are completed.
(2) In recognizing Members, the relevant 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 relevant 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 relevant Chairman,
with the concurrence of the Ranking Minority Member, may permit
one (1) or more majority Members of the Committee designated by
the relevant 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 of the Full Committee 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) business days in
advance of his or her appearance, sufficient copies, as
determined by the Chairman of the Full Committee or a
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. To the extent practicable, each
witness also should provide that text, along with any
attachments and appendix materials, in electronic form. The
text of the testimony provided pursuant to this paragraph shall
be considered final, and may not be revised by the witness
after the Committee meeting at which the witness appears. 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. Such
statements, with appropriate redactions to protect the privacy
of the witness, shall be made publicly available in electronic
form not later than one day after the witness appears.
The Committee or subcommittee shall notify Members at least
two business 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 Full Committee or a
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 relevant Chairman or Ranking Minority Member has
submitted, prior to the witness's appearance, a written
explanation as 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 business 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 of the Full Committee or a
subcommittee, or any Member of the Committee designated by the
relevant 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
fourteen (14) 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 of the Full
Committee or a subcommittee and Ranking Minority Member of the
Committee or subcommittee within five (5) 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 relevant Chairman. Such written
request shall contain an estimate in writing from the Public
Printer of the probable cost of publishing such material.
Rule 9.--Information on Committee Action
(a) Record Votes.--The result of each record vote in any
meeting of the Committee outside of executive session shall be
made publicly available in electronic form within 48 hours of
such record vote. 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.
(b) Adopted Amendments.--Not later than 24 hours after the
adoption of any amendment to a measure or matter considered by
the Committee, the text of each such amendment shall be made
publicly available in electronic form.
(c) Hearing and Markup Attendance.--A list of the Members
in attendance at Committee hearings and markups shall be
maintained by the Committee, and may be made available to the
public by the Chairman, upon request.
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
may be.
(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 extraordinary 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 or a relevant subcommittee has ordered reported such
bill or resolution, a quorum being present.
Except in extraordinary 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, extraordinary 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 Committee or a subcommittee shall not consider a bill
or resolution originating in the House of Representatives that
expresses appreciation, commends, congratulates, celebrates,
recognizes the accomplishments of, or celebrates the
anniversary of, an entity, event, group, individual,
institution, team, or government program, or that acknowledges
or recognizes a period of time for such purposes, except in
circumstances determined by the Chairman with the concurrence
of the Ranking Minority Member.
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
Staff Director 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, and
efforts to bring international terrorists to
justice. With the concurrence of the Chairman
of the Full Committee, oversight of, and
legislation pertaining to, nonproliferation
matters involving nuclear, chemical, biological
and other weapons of mass destruction, except
for legislation involving the Foreign
Assistance Act, the Arms Export Control Act,
the Export Administration Act, and sanctions
laws pertaining to individual countries and the
provision of foreign assistance (which is
reserved to the Full Committee). Oversight of
matters relating to international economic and
trade policy; commerce 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. With the
concurrence of the Chairman of the Full
Committee, 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 Oversight and
Investigations.--With the concurrence of the
Chairman of the Full Committee, oversight and
investigations of all matters within the
jurisdiction of the Committee.
(2) Regional Subcommittees.--There shall be five
subcommittees with regional jurisdiction: the
Subcommittee on Europe and Eurasia (including Central
Asia); the Subcommittee on the Middle East and South
Asia; the Subcommittee on the Western Hemisphere; the
Subcommittee on Africa, Global Health, and Human
Rights; and the Subcommittee on Asia and the Pacific.
One of the regional subcommittees, the Subcommittee on
Africa, Global Health, and Human Rights, 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) Legislation and oversight regarding human rights
practices in particular countries.
(5) Oversight of regional lending institutions.
(6) Oversight of matters related to the regional
activities of the United Nations, of its affiliated
agencies, and of other multilateral institutions.
(7) Identification and development of options for
meeting future problems and issues relating to U.S.
interests in the region.
(8) Oversight of base rights and other facilities
access agreements and regional security pacts.
(9) Concurrent oversight jurisdiction with respect to
matters assigned to the functional subcommittees
insofar as they may affect the region.
(10) Oversight of foreign assistance activities
affecting the region, with the concurrence of the
Chairman of the Full Committee.
(11) Such other matters as the Chairman of the Full
Committee may determine.
The Subcommittee on Africa, Global Health,
and Human Rights.--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, population issues, legislation
and oversight pertaining to implementation of
the Universal Declaration of Human Rights, and
other matters relating to internationally-
recognized human rights, including legislation
aimed at the promotion of human rights and
democracy generally.
Rule 15.--Powers and Duties of Subcommittees
(a) In General.--Each subcommittee is authorized to meet,
hold hearings, receive evidence, and report to the Full
Committee on all matters referred to it.
(b) Scheduling.--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 Staff Director of the Committee.
(c) Vice Chairmen.--The Chairman of the Full Committee
shall designate a Member of the majority party on each
subcommittee as its vice chairman.
(d) Participation.--The Chairman of the Full Committee 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.
(e) Required Hearings.--During each 180-day period
following organization of the Committee, each of the five
regional subcommittees shall hold at least one hearing on each
of the following topics within the context of their respective
regions:
(1) U.S. national security interests;
(2) Human rights;
(3) U.S. economic interests; and
(4) Oversight of U.S. Government activities (which
can include and be combined with any of the topics in
(1)-(3), above).
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 Africa, Global Health, and Human Rights
and the other subcommittees with regional jurisdiction shall
have joint jurisdiction over legislation regarding human rights
practices in particular countries within their regions.
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 Staff Director;
(2) In the case of the Full Committee minority staff,
by the Ranking Minority Member of the Committee, acting
through the Minority Staff Director;
(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 of the Full
Committee.
(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 Office of the Security Officer and in the
Office of the Minority Staff Director. All materials classified
top secret or higher 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 approved storage areas 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.
Materials classified Top Secret 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 approved Committee spaces. The
following procedures will be observed:
(1) Authorized persons will be permitted access to
classified documents after inquiring of the Staff
Director or an assigned staff member. Access to the
SCIF will be afforded during regular Committee hours.
(2) Authorized 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
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.
(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 Regulation.--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 of the Full Committee or a subcommittee 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 rule 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
of the Full Committee or a subcommittee 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 of the Full Committee or a
subcommittee 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 of the Full Committee or a subcommittee 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 Administration 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.
In accordance with the provisions of clause 2(n) of rule XI
of the House of Representatives, the Committee or a
subcommittee thereof shall hold at least one hearing during
each 120-day period following its establishment on the topic of
waste, fraud, abuse, or mismanagement in programs within its
jurisdiction, as documented in reports received from a Federal
Office of the Inspector General or the Comptroller General of
the United States that have been provided to the Ranking
Minority Member prior to the notice of the hearing pursuant to
Committee rule 5.
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
PETER T. KING, New York, Chairman
BENNIE G. THOMPSON, Mississippi, LAMAR SMITH, Texas
Ranking Member DANIEL E. LUNGREN, California
LORETTA SANCHEZ, California MIKE ROGERS, Alabama
SHEILA JACKSON LEE, Texas MICHAEL T. McCAUL, Texas
HENRY CUELLAR, Texas GUS M. BILIRAKIS, Florida
YVETTE D. CLARKE, New York PAUL C. BROUN, Georgia
LAURA RICHARDSON, California CANDICE S. MILLER, Michigan
DANNY K. DAVIS, Illinois TIM WALBERG, Michigan
BRIAN HIGGINS, New York CHIP CRAVAACK, Minnesota
JACKIE SPEIER, California JOE WALSH, Illinois
CEDRIC L. RICHMOND, Louisiana PATRICK MEEHAN, Pennsylvania
HANSEN CLARKE, Michigan BEN QUAYLE, Arizona
WILLIAM R. KEATING, Massachusetts SCOTT RIGELL, Virginia
KATHLEEN C. HOCHUL, New York BILLY LONG, Missouri
JEFF DUNCAN, South Carolina
TOM MARINO, Pennsylvania
BLAKE FARENTHOLD, Texas
MO BROOKS, Alabama
(Adopted January 26, 2011)
Rule 1.--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.--Clause 2(d) of rule XI
of the House shall govern the designation of a Vice Chairman of
the Full Committee.
(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 Website.--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. The official Committee web site
shall display a link on its home page to the web site
maintained by the Ranking Minority Member.
(g) Activity Report.--Not later than the 30th day after
June 1 and December 1, the Committee shall submit to the House
a semiannual report on the activities of the Committee. After
adjournment sine die of a regular session of Congress, or after
December 15, whichever occurs first, the Chair may file the
second or fourth semiannual report with the Clerk at any time
and without 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.
Rule 2.--Time of Meetings
(a) Regular Meeting Date.--The regular meeting date and
time for the transaction of business of the Full Committee
shall be at 10:00 a.m. 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 legislation 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 3.--Notice and Publication
(a) Notice.--(1) Hearings.--Pursuant to clause 2(g)(3) of
rule XI of the Rules of the House of Representatives, the
Chairman of the Committee shall make public announcement of the
date, place, and subject matter of any hearing before the Full
Committee or subcommittee, which may not commence earlier than
one week after such notice. However, if the Chairman of the
Committee, 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 for the transaction of business, the
Chairman shall make the announcement at the earliest possible
date. 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.
(2) Meetings.--The date, time, place and subject matter of
any meeting, other than a hearing or a regularly scheduled
meeting, may not commence earlier than the third day on which
Members have notice thereof except in the case of a special
meeting called under clause 2(c)(2) of House rule XI. These
notice requirements may be waived if the Chairman with the
concurrence of the Ranking Minority Member, determines that
there is good cause to begin the meeting sooner or if the
Committee so determines by majority vote, a quorum being
present for the transaction of business.
(A) Copies of any measure or matter 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) At least 24 hours prior to the commencement of a
meeting for the markup of a measure or matter, the text
of such measure or matter, including any mark, print or
amendment in the nature of a substitute, shall be made
publicly available in electronic form and, to the
extent practicable, posted on the official Committee
web site.
(C) Not later than 24 hours after concluding a
meeting to consider a measure or matter, the text of
such measure or matter as ordered forwarded or
reported, including any adopted amendments, shall be
made publicly available in electronic form and, to the
extent practicable, posted on the official Committee
web site.
(3) Publications.--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 4.--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. Pursuant to
clause 2(e) of rule XI of the Rules of the House of
Representatives, the Committee shall, to the greatest extent
practicable, provide audio and video coverage of each hearing
or meeting in a manner that allows the public to easily listen
to and view the proceedings and shall maintain the recordings
of such coverage in a manner that is easily accessible to the
public.
(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 5.--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,
including, when practicable, circulation of notice by the Clerk
of the Committee. 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 6.--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 clause 2(j)(2) of
House rule XI.
(2) In questioning witnesses under the five-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 period of time, but the time allotted must be equally
apportioned to the Majority and Minority staff and may not
exceed one hour in the aggregate.
(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. The Clerk of the
Committee shall provide any such prepared or written statement
submitted to the Clerk prior to the hearing to the Members of
the Committee prior to the commencement of the hearing.
(2) To the greatest extent practicable, the written
testimony of each witness appearing in a non-governmental
capacity shall include a curriculum vita 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. Such disclosures shall be made
publicly available, with appropriate redactions to protect the
privacy of the witness, in electronic form not later than one
day after the witness appears.
Rule 7.--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 8.--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, markup, or other meeting of the Committee
shall be limited to Members and staff of the Committee. Subject
to availability of space on the dais, Committee Members'
personal staff may be present on the dais during a hearing if
their employing Member is seated on the dais and during a
markup or other meeting if their employing Member is the author
of a measure or amendment under consideration by the Committee,
but only during the time that the measure or amendment is under
active consideration by the Committee, or otherwise at the
discretion of the Chairman, or of the Ranking Minority Member
for personal staff employed by a Minority Member.
(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 9.--Subcommittees
(a) Generally.--The Full Committee shall be organized into
the following six standing subcommittees and shall have
specific responsibility for such measures or matters as the
Chairman refers to it:
(1) Subcommittee on Border and Maritime Security
(2) Subcommittee on Emergency Preparedness, Response
and Communications
(3) Subcommittee on Transportation Security
(4) Subcommittee on Counterterrorism and Intelligence
(5) Subcommittee on Cybersecurity, Infrastructure
Protection, and Security Technologies
(6) Subcommittee on Oversight, Investigations, and
Management
(b) Selection and Ratio of Subcommittee Members.--The
Chairman and Ranking Minority 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 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 only be counted to
satisfy the quorum requirement for the purpose of taking
testimony and receiving evidence.
(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 forwarding 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.
Rule 10.--Committee Panels
(a) Designation.--The Chairman of the Full Committee, with
the concurrence of the Ranking Minority Member, 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
warrant enhanced consideration and to report to the Committee.
(b) Duration.--No panel appointed by the Chairman shall
continue in existence for more than six months after the
appointment.
(c) Party Ratios and Appointment.--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.
(d) Ex Officio Members.--The Chairman and Ranking Minority
Member of the Full Committee may serve as ex-officio Members of
each committee panel but are not authorized to vote on matters
that arise before a committee panel and shall not be counted to
satisfy the quorum requirement for any purpose other than
taking testimony.
(e) Jurisdiction.--No panel shall have legislative
jurisdiction.
(f) Applicability of Committee Rules.--Any designated panel
shall be subject to all Committee Rules herein.
Rule 11.--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 matter referred to
the Full Committee shall be referred by the Chairman to one or
more subcommittees within two weeks of receipt by the
Committee. 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 12.--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 pursuant
to a concurrent resolution 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.--A 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 13.--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 14.--Committee Member and Committee 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 Committee Member or Committee
staff shall be paid only upon the prior authorization of the
Chairman. Travel may be authorized by the Chairman for any
Committee Member or 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
matters under the general jurisdiction of the Full Committee.
(1) Proposed Travel by Majority Party Committee
Members and Committee Staff.--In the case of proposed
travel by Majority party Committee 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; (d) the estimated total cost of the travel; and
(e) 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 a subject
matter under 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 Committee
Members and Committee Staff.--In the case of proposed
travel by Minority party Committee 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), (d) and
(e) of subparagraph (1) and his or her determination
that such travel complies with the other requirements
of subparagraph (1).
(b) Foreign Travel.--All Committee Members and Committee
staff requests for foreign travel must include a written
representation setting forth the information specified in items
(a), (b), (c), (d) and (e) of subparagraph (A)(1) and be
submitted to the Chairman not fewer than ten business days
prior to the start of the travel. Within thirty 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.
The requirements of this section may be waived or abridged by
the Chairman.
(c) Compliance with Committee Travel Policy and
Guidelines.--Travel must be in accordance with the Committee
Travel Policy and Guidelines, as well as with House Rules, the
Travel Guidelines and Regulations and any additional guidance
set forth by the Committee on Ethics and the Committee on House
Administration. Committee Members and staff shall follow these
rules, policies, guidelines, and regulations in requesting and
proceeding with any Committee-related travel.
Rule 15.--Classified and Controlled Unclassified 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 controlled unclassified information (CUI)--formerly known
as sensitive but unclassified (SBU) information--may be
destroyed, discussed, examined, handled, reviewed, stored,
transported and used only in an appropriately secure manner in
accordance with all applicable laws, executive orders, and
other governing authorities. Such documents may be removed from
the Committee's offices only in furtherance of official
Committee business. Appropriate security procedures, as
determined by the Chairman in consultation with the Ranking
Minority Member, shall govern the handling 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 clearances
and a need-to-know, as determined by the Chairman or Ranking
Minority Member, and under the direction of the Majority or
Minority Staff Directors.
(d) Maintaining Confidentiality.--No Committee Member or
Committee staff shall disclose, in whole or in part or by way
of summary, to any person who is not a Committee Member or
authorized 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 controlled unclassified information (CUI) shall
be handled in accordance with all applicable laws, executive
orders, and other governing authorities and consistently with
the provisions of these rules and Committee procedures.
(e) Oath.--Before a Committee Member or Committee staff 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 of the Committee 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 Committee staff member 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 staff, the Chairman shall consider such disciplinary
action in consultation with the Ranking Minority Member.
Rule 16.--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 clause 2(e) of House
rule XI.
(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) Availability of Committee Records.--The Committee shall
keep a complete record of all Committee action including
recorded votes and attendance at hearings and meetings.
Information so available for public inspection shall include a
description of each amendment, motion, order, or other
proposition, including the name of the Member who offered the
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 and also made publicly available in
electronic form and posted on the official Committee web site
within 48 hours of such record vote.
(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 17.--Committee Rules
(a) Availability of Committee Rules in Electronic Form.--
Pursuant to clause 2(a) of rule XI of the Rules of the House of
Representatives, the Committee shall make its rules publicly
available in electronic form and posted on the official
Committee web site and shall submit such rules for publication
in the Congressional Record not later than 30 days after the
Chairman of the Committee is elected in each odd-numbered year.
(b) 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 and such changes are not
inconsistent with the Rules of the House of Representatives.
Committee on House Administration
DANIEL E. LUNGREN, California,
Chairman
ROBERT BRADY, Pennsylvania, PHIL GINGREY, Georgia
Ranking Member GREGG HARPER, Mississippi
ZOE LOFGREN, California RICHARD NUGENT, Florida
CHARLIE GONZALEZ, Texas TODD ROKITA, Indiana
AARON SCHOCK, Illinois
(Adopted January 25, 2011)
Rule 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
the 30th day after June 1 and December 1 of each year, a
semiannual report on the activities of the committee under
House rules X and XI.
(e) The Committee's rules shall be made publicly available
in electronic form and published in the Congressional Record
not later than 30 days after the Committee is elected in each
odd-numbered year.
Rule 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.
(c) The Chair, in the case of meetings to be conducted by
the Committee, and the appropriate subcommittee chair, in the
case of meetings to be conducted by a subcommittee, shall make
public announcement of the date, place, and subject matter of
any meeting to be conducted on any measure or matter. Such
meeting shall not commence earlier than the third day on which
members have notice thereof. If the Chair, with the concurrence
of the ranking minority member, determines that there is good
cause to begin the meeting 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
announcement shall promptly be made publicly available in
electronic form and published in the Daily Digest.
(d) The Chair, in the case of meetings to be conducted by
the Committee, and the appropriate subcommittee chair, in the
case of meetings to be conducted by a subcommittee, shall make
available on the Committee's web site the text of any
legislation to be marked up at a meeting at least 24 hours
before such meeting (or at the time of an announcement made
within 24 hours of such meeting). This requirement shall also
apply to any resolution or regulation to be considered at a
meeting.
Rule 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.
To the maximum extent practicable, the Chair shall cause to be
provided audio and video coverage of each hearing or meeting
that allows the public to easily listen to and view the
proceedings and maintain the recordings of such coverage in a
manner that is easily accessible to the public.
Rule 4.--Records and Rollcalls
(a)(1) A record vote shall be held if requested by any
member of the Committee.
(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.
(3) The Chairman shall make the record of the votes on any
question on which a record vote is demanded available on the
Committee's website not later than 48 hours after such vote is
taken (excluding Saturdays, Sundays, and legal holidays). Such
record 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.
(4) The Chairman shall make available on the Committee's
website not later than 24 hours (excluding Saturdays, Sundays,
and legal holidays) after the adoption of any amendment to a
measure or matter the text of such amendment.
(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 5.--Proxies
No vote by any member in the Committee may be cast by
proxy.
Rule 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 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 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 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) Any member of the Committee may, if a subcommittee
grants unanimous consent for a specific hearing, be permitted
to sit during that hearing with a subcommittee on which he or
she does not serve, but no member who has not been elected to a
subcommittee shall count for a quorum, offer any measure,
motion, or amendment, or vote on any matter before that
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 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) 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.
(e) 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.
(f) 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.
(g) 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 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 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 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 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 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 minority member,
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 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;
(d) 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 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 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 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 Election Commission (FEC), the Election
Assistance Commission (EAC), and other election related
issues. Oversight of the Federal Election Commission
(FEC) and the Election Assistance Commission (EAC).
(2) Subcommittee on Oversight--(4/2). Matters
pertaining to operations of the Library of Congress,
the Botanic Garden, the Smithsonian Institution, the
Architect of the Capitol, the Capitol Visitors Center;
the Chief Administrative Officer, House Information
Resources, the Clerk of the House, the House Inspector
General, the Congressional Research Service and the
Office of Compliance.
(b) No subcommittee shall meet during any full Committee
meeting or hearing.
(c) 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 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 18.--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 19.--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
LAMAR SMITH, Texas, Chairman
JOHN CONYERS, Michigan, F. JAMES SENSENBRENNER, Jr.,
Ranking Member Wisconsin
HOWARD L. BERMAN, California HOWARD COBLE, North Carolina
JERROLD NADLER, New York ELTON GALLEGLY, California
ROBERT C. ``BOBBY'' SCOTT, Virginia BOB GOODLATTE, Virginia
MELVIN L. WATT, North Carolina DANIEL E. LUNGREN, California
ZOE LOFGREN, California STEVE CHABOT, Ohio
SHEILA JACKSON LEE, Texas DARRELL E. ISSA, California
MAXINE WATERS, California RANDY J. FORBES, Virginia
STEVE COHEN, Tennessee STEVE KING, Iowa
HENRY C. ``HANK'' JOHNSON, Jr., GeorgiaENT FRANKS, Arizona
PEDRO R. PIERLUISI, Puerto Rico LOUIE GOHMERT, Texas
MIKE QUIGLEY, Illinois JIM JORDAN, Ohio
JUDY CHU, California TED POE, Texas
THEODORE E. DEUTCH, Florida JASON CHAFFETZ, Utah
LINDA T. SANCHEZ, California TIM GRIFFIN, Arkansas
[VACANT] TOM MARINO, Pennsylvania
TREY GOWDY, South Carolina
DENNIS A. ROSS, Florida
SANDY ADAMS, Florida
BENJAMIN QUAYLE, Arizona
(Adopted January 19, 2011)
Rule 1.
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 2.--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 therefor.
(c) At least 3 days (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 3
days' notice, the Chairman may waive the 3-day notice
requirement with the concurrence of the Ranking Minority
Member.
(e) At least 48 hours prior to the commencement of a
meeting for the markup of legislation, the text of such
legislation shall be made publicly available in electronic
form.
(f) To the maximum extent practicable, amendments to a
measure or matter shall be submitted in writing or
electronically to the designee of both the Chairman and Ranking
Member at least 24 hours prior to the consideration of the
measure or matter. The Chairman may use his discretion to give
priority to amendments submitted in advance.
(g) 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.
(h) 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.
(i) 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.
(j)(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.
(k) Transcripts of markups shall be recorded and may be
published in the same manner as hearings before the Committee.
(l) 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 3.--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 4.--Broadcastings
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 5.--Standing Subcommittees
(a) The full Committee shall have jurisdiction over such
matters as determined by the Chairman.
(b) There shall be five standing subcommittees of the
Committee on the Judiciary, with jurisdictions as follows:
The Subcommittee on Courts, Commercial and
Administrative Law shall have jurisdiction over the
following subject matters: Administration of U.S.
Courts, Federal Rules of Evidence, Civil and Appellate
Procedure, judicial ethics, 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.
The Subcommittee on the Constitution shall have
jurisdiction over the following subject matters:
constitutional amendments, constitutional rights,
Federal civil rights, ethics in government, tort
liability, including medical malpractice and product
liability, legal reform generally, other appropriate
matters as referred by the Chairman, and relevant
oversight.
The Subcommittee on Intellectual Property,
Competition, and the Internet shall have jurisdiction
over the following subject matters: copyright, patent,
trademark law, information technology, antitrust
matters, other appropriate matters as referred by the
Chairman, and relevant oversight.
The Subcommittee on Crime, Terrorism, and Homeland
Security shall have jurisdiction over the following
subject matters: Federal Criminal Code, drug
enforcement, sentencing, parole and pardons, internal
and homeland security, Federal Rules of Criminal
Procedure, prisons, criminal law enforcement, and other
appropriate matters as referred by the Chairman, and
relevant oversight.
The Subcommittee on Immigration Policy and
Enforcement shall have jurisdiction over the following
subject matters: 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 6.--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 7.--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 8.--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 9.--Official Committee Website
(a) The Chairman shall maintain an official website 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.
(b) The Chairman shall make the record of the votes on any
question on which a record vote is demanded in the full
Committee available on the Committee's official website not
later than 48 hours after such vote is taken. Such record shall
identify or describe 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 the Members voting present.
(c) Not later than 24 hours after the adoption of any
amendment to a measure or matter considered by the Committee or
its subcommittees, the Chairman shall make the text of each
such amendment publicly available in electronic form.
(d) Not later than 3 days after the conclusion of a
Committee meeting, the transcript of such meeting and the text
of all amendments offered shall be made available on the
Committee website.
(e) The Ranking Member is authorized to maintain a similar
official website 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
DOC HASTINGS, Washington, Chairman
EDWARD MARKEY, Massachusetts, DON YOUNG, Alaska
Ranking Member JOHN DUNCAN, Tennessee
DALE KILDEE, Michigan LOUIE GOHMERT, Texas
PETER DeFAZIO, Oregon ROB BISHOP, Utah
ENI FALEOMAVAEGA, American Samoa DOUG LAMBORN, Colorado
FRANK PALLONE, New Jersey ROBERT WITTMAN, Virginia
GRACE NAPOLITANO, California PAUL BROUN, Georgia
RUSH HOLT, New Jersey JOHN FLEMING, Louisiana
RAUL GRIJALVA, Arizona MIKE COFFMAN, Colorado
MADELEINE BORDALLO, Guam TOM McCLINTOCK, California
JIM COSTA, California GLENN THOMPSON, Pennsylvania
DAN BOREN, Oklahoma JEFF DENHAM, California
GREGORIO SABLAN, Northern Mariana IslandsBENISHEK, Michigan
MARTIN HEINRICH, New Mexico DAVID RIVERA, Florida
BEN LUJAN, New Mexico JEFF DUNCAN, South Carolina
JOHN SARBANES, Maryland SCOTT TIPTON, Colorado
BETTY SUTTON, Ohio PAUL GOSAR, Arizona
NIKI TSONGAS, Massachusetts RAUL LABRADOR, Idaho
PEDRO PIERLUISI, Puerto Rico KRISTI NOEM, South Dakota
JOHN GARAMENDI, California STEVE SOUTHERLAND, Florida
COLLEEN HANABUSA, Hawaii BILL FLORES, Texas
[VACANT] ANDY HARRIS, Maryland
JEFF LANDRY, Louisiana
CHUCK FLEISCHMANN, Tennessee
JON RUNYAN, New Jersey
BILL JOHNSON, Ohio
(Adopted January 26, 2011)
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 on Natural Resources (hereinafter in
these rules referred to as 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 Vice Chairmen of the Committee and
the subcommittees. 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 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. To the maximum extent practicable,
the Committee shall provide audio and visual coverage of each
hearing or meeting for the transaction of business in a manner
that allows the public to easily listen to and view the
proceedings, and maintain the recordings of such coverage in a
manner that is easily accessible to the public. 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.--Meeting and Hearing Procedures in General
(a) Notice and Information for Members and the Public.--(1)
The Chairman shall publicly announce the date, place and
subject matter of: (i) a Committee hearing, which may not
commence earlier than one week after such notice; or (ii) a
Committee meeting, which may not commence earlier than the
third day on which Members have notice thereof.
(2) A hearing or meeting may begin sooner if the Chairman,
with the concurrence of the Ranking Minority Member, determines
that there is good cause to begin the meeting or hearing
sooner, or if the Committee so determines by majority vote. In
these cases, the Chairman shall publicly announce the meeting
or hearing at the earliest possible time. The Chief Legislative
Clerk of the Committee shall promptly notify the Daily Digest
Clerk of the Congressional Record and shall promptly make
publicly available in electronic form the appropriate
information as soon as possible after the public announcement
is made.
(3) To the extent practicable, a background memorandum
prepared by the Majority staff for the Majority Members and the
Minority staff for the Minority Members summarizing 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) Public Availability of Markup Text.--At least 24 hours
prior to the markup of any legislation (or at the time of an
announcement under paragraph (a)(2) above made within 24 hours
before such meeting), the Chairman shall cause the text of such
legislation to be made publicly available in electronic form.
(c) 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.
(d) 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(f). A Member
shall limit his remarks to the subject matter under
consideration. The Chairman shall enforce the preceding
provision.
(e) Quorums.--(1) A majority of the Members of the
Committee 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
Legislative Clerk to note the names of all Members present
within the 15-minute period.
(f) Participation of Members in Committee and
Subcommittees.--Any Member of the Committee may sit with any
subcommittee during any meeting or hearing, and by unanimous
consent of the Members of the subcommittee, may participate in
such 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.
(g) Proxies.--No vote in the Committee or its subcommittees
may be cast by proxy.
(h) 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.
(i) 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.
(j) 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.
(k) 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.
(l) 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.
(m) 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.
(n) 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) Written Statement; Oral Testimony.--Each witness who is
to appear before the Committee or a subcommittee shall file
with the Chief Legislative Clerk of the Committee or
subcommittee Clerk, at least two working days before the day of
his or her appearance, a written statement of their proposed
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. Failure to comply with these
requirements may result in the exclusion of the written
testimony from the hearing record and/or the barring of an oral
presentation of the testimony.
(b) 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.
(c) 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 the Majority staff shall
make available to the Majority Members and the Minority staff
shall make available to the Minority Members 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.
(d) 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.
(e) 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''
(f) 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.
(g) 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 Legislative Clerk no
later than 10 business days following the last day of the
hearing.
(h) 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 Legislative 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 Legislative Clerk of this request, the Chief Legislative
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 Legislative 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 and non-Federal outdoor recreation plans,
programs and administration including the Land and
Water Conservation Fund Act of 1965 and the Outdoor
Recreation Act of 1963.
(6) 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.
(7) 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.
(8) Public lands generally, including measures or
matters relating to entry, easements, withdrawals,
grazing and Federal reserved water rights.
(9) Forfeiture of land grants and alien ownership,
including alien ownership of mineral lands.
(10) 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.
(11) Forest reservations, including management
thereof, created from the public domain.
(12) Public forest lands generally, including
measures or matters related to entry, easements,
withdrawals, grazing and Federal reserved water rights.
(13) General and continuing oversight and
investigative authority over activities, policies and
programs within the jurisdiction of the subcommittee.
SUBCOMMITEE ON FISHERIES, WILDLIFE, OCEANS AND 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) Fisheries management and fisheries research
generally, including the management of all commercial
and recreational fisheries (except for the
reauthorization of the Magnuson-Stevens Fishery
Conservation and Management Act), interjurisdictional
fisheries, international fisheries agreements,
aquaculture, seafood safety and fisheries promotion.
(4) Wildlife resources, including research,
restoration, refuges and conservation.
(5) All matters pertaining to the protection of
coastal and marine environments, including estuarine
protection.
(6) Coastal barriers.
(7) Oceanography.
(8) Ocean engineering, including materials,
technology and systems.
(9) Coastal zone management.
(10) Marine sanctuaries.
(11) U.N. Convention on the Law of the Sea.
(12) Sea Grant programs and marine extension
services.
(13) 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.
(14) 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 INDIAN AND ALASKA NATIVE AFFAIRS
(1) 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.
(2) 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.
(3) All matters regarding Native Alaskans.
(4) All matters related to the Federal trust
responsibility to Native Americans and the sovereignty
of Native Americans.
(b) Full Committee.--The following measures and matters
shall be retained at the Full Committee:
(1) Environmental and habitat measures of general
applicability, including the National Environmental
Policy Act, the Endangered Species Act, and
reauthorization of the Magnuson-Stevens Fishery
Conservation and Management Act.
(2) All matters regarding Native Hawaiians.
(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 Full
Committee under this paragraph.
(4) All other measures and matters retained by the
Full Committee, including those retained under
Committee rule 6(e).
(5) 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 measures or matters
retained at 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 transcripts of public meetings and hearings, except
those that are unrevised or unedited and intended solely for
the use of the Committee.
(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.
(f) Committee Information Available for the Public.--In
addition to any other requirement of these rules or the Rules
of the House of Representatives, the Chairman shall cause to be
made available publicly in electronic form the following:
(1) a record of the votes on any question on which a
recorded vote is demanded which shall be posted no
later than 24 hours after the vote is taken that shall
include:
(i) a copy of the amendment or a detailed
description of the motion, order or other
proposition; and
(ii) the name of each Member voting for and
each Member voting against such amendment,
motion, order, or proposition, the names of
those Members voting present, and the names of
any Member not present.
(2) copies of all amendments adopted in Committee by
voice vote or unanimous consent within 24 hours of the
adoption of the amendment.
(3) the rules of the Committee, once adopted, and any
amendments thereto, in accordance with clause 2(a)(2)
of House rule XI.
(4) the statements required under the second sentence
of clause 2(g)(5) of House rule XI, with appropriate
redactions to protect the privacy of the witness, which
shall be posted no later than one day after the witness
appears before the Committee.
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) Month 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
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 consistent with
Committee rule 3(a). A change to the rules of the Committee
shall be published in the Congressional Record no later than 30
days after its approval and made publicly available in
electronic form.
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
DARRELL E. ISSA, California,
Chairman
ELIJAH E. CUMMINGS, Maryland, DAN BURTON, Indiana
Ranking Member JOHN L. MICA, Florida
EDOLPHUS TOWNS, New York TODD PLATTS, Pennsylvania
CAROLYN MALONEY, New York MICHAEL R. TURNER, Ohio
ELEANOR HOLMES NORTON, District of ColumbiaK T. McHENRY, North Carolina
DENNIS J. KUCINICH, Ohio JIM JORDAN, Ohio
JOHN F. TIERNEY, Massachusetts JASON CHAFFETZ, Utah
WM. LACY CLAY, Missouri CONNIE MACK, Florida
STEVEN F. LYNCH, Massachusetts TIM WALBERG, Michigan
JIM COOPER, Tennessee JAMES LANKFORD, Oklahoma
GERALD E. CONNOLLY, Virginia JUSTIN AMASH, Michigan
MIKE QUIGLEY, Illinois ANN MARIE BUERKLE, New York
DANNY K. DAVIS, Illinois PAUL GOSAR, Arizona
BRUCE BRALEY, Iowa RAUL LABRADOR, Idaho
PETER WELCH, Vermont PAT MEEHAN, Pennsylvania
JOHN YARMUTH, Kentucky SCOTT DESJARLAIS, Tennessee
CHRISTOPHER S. MURPHY, Connecticut JOE WALSH, Illinois
JACKIE SPEIER, California TREY GOWDY, South Carolina
DENNIS ROSS, Florida
FRANK GUINTA, New Hampshire
BLAKE FARENTHOLD, Texas
MIKE KELLY, Pennsylvania
(Adopted January 25, 2011)
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 and ranking minority members.
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 pursuant to 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, 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.
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 who is present shall
preside at that meeting.
(b) The chairman of the full committee may, at the request
of a subcommittee chair, make a temporary assignment of any
member of the full 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 minority
members of the committee.
Rule 4.--Committee Reports
(a) Bills and resolutions approved by the full committee
shall be reported by the chairman pursuant to House rule XIII,
clauses 2-4.
(b) A proposed investigative or oversight report shall not
be considered in the committee unless the proposed report has
been available to the members of the 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 the committee. 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 committee before the
consideration of the proposed report in the committee.
(c) Every investigative or oversight report shall be
approved by a majority vote of the committee at a meeting at
which a quorum is present. If at the time of approval of such a
report a member of the committee gives notice of intent to file
supplemental, minority, or additional views that member shall
be entitled to file such views following House rule XI, clause
2(l) and rule XIII, clause 3(a)(1).
(d) Only those investigative or oversight 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.--Record Votes
(a) 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.
(b) Pursuant to House Rule XI, clause 2(h)(4), the chairman
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. 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. After
consultation with the ranking minority member, the chairman
shall take reasonable steps to notify members on the resumption
of proceedings on any postponed record vote.
Rule 6.--Subcommittees; Referrals
(a) There shall be seven standing subcommittees with
appropriate party ratios. The chairman shall assign members to
the 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) The subcommittee on Federal Workforce, U.S.
Postal Service and Labor Policy--Legislative
jurisdiction over the federal civil service and the
U.S. Postal Service. The subcommittee also has
oversight jurisdiction over labor policy;
(2) The subcommittee on Government Organization,
Efficiency and Financial Management--Legislative
jurisdiction over government management and accounting
measures, the economy, efficiency, and management of
government operations and activities (other than
procurement and data standards), federal property, and
reorganizations of the executive branch;
(3) The subcommittee on Health Care, District of
Columbia, Census and the National Archives--Legislative
jurisdiction over drug policy, the District of
Columbia, the Census Bureau, and federal records
(including the National Archives and Records
Administration and the Presidential Records Act). The
subcommittee also has oversight jurisdiction over
federal health care policy, food and drug safety,
public support for the arts, libraries and museums,
criminal justice, and transportation;
(4) The subcommittee on National Security, Homeland
Defense and Foreign Operations--Oversight jurisdiction
over national security, homeland security, foreign
operations, immigration, and emergency management;
(5) The Subcommittee on Regulatory Affairs, Stimulus
Oversight and Government Spending--Legislative
jurisdiction over federal paperwork reduction, data
quality, and the Office of Information and Regulatory
Affairs. The subcommittee also has oversight
jurisdiction over regulatory affairs, stimulus policy,
federal spending, education, agriculture, and
communications policy;
(6) The subcommittee on TARP, Financial Services and
Bailouts of Public and Private Programs--Oversight
jurisdiction over financial and monetary policy,
banking, housing, and insurance regulation, financial
crisis and rescues, and tax policy; and
(7) The subcommittee on Technology, Information
Policy, Intergovernmental Relations and Procurement
Reform--Legislative jurisdiction over public
information, including the Freedom of Information Act
and Federal Advisory Committee Act, federal information
technology and data standards, procurement and grant
reform, the relationship between the federal government
and states and municipalities, including unfunded
mandates. The subcommittee also has oversight
jurisdiction over public broadcasting.
(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 re-referred or discharged by the chairman when, in his
judgment, the subcommittee is not able to complete its work or
cannot reach agreement therein.
(c) The chairman and the ranking minority member of the
full 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 7.--Subcommittee Scheduling
(a) Each subcommittee 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 may meet or hold a hearing at the same
time as a meeting or hearing of the full committee.
(c) The chair of each subcommittee shall set hearing and
meeting dates only with the approval of the full committee
chairman with a view toward assuring the availability of
meeting rooms and avoiding simultaneous scheduling of committee
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 the 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.
Rule 8.--Staff
(a) 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 committee.
(b) 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 or she may assign.
Rule 9.--Hearings
(a) A committee member may question witnesses only when
recognized by the chairman for that purpose. In accordance with
House rule XI, clause 2(j)(2), the five-minute rule shall apply
during the questioning of witnesses in a hearing. 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.
(e) 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.
(f) Witnesses appearing before the committee shall so far
as practicable, submit written statements at least 24 hours
before their appearance. Witnesses appearing in a non-
governmental capacity 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.
(g) The chairman 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?''.
Rule 10.--Committee Records, Open Meetings, Transparency
(a) The committee staff shall maintain in the committee
offices a complete record of committee actions from the current
Congress including a record of the roll call 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.
(b) 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.
(c) Meetings for the transaction of business and hearings
of the committee shall be open to the public or closed in
accordance with the Rules of the House of Representatives.
(d) The chairman of the full committee shall maintain an
official website 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. To the greatest extent practicable, the chairman
shall ensure that committee records are made available on the
committee's official website in appropriate formats.
(e) The ranking minority member of the full committee is
authorized to maintain a similar official website 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.
Rule 11.--Audio and Visual Coverage of Committee Proceedings
(a) An open meeting or hearing of the committee 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 Rules. Any such
coverage shall conform to 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 by internet broadcast, other than
through the Committee Broadcast System shall be currently
accredited to the Radio and Television Correspondents'
Galleries. If the Committee Broadcast System is not available,
the chairman may, with the concurrence of the ranking minority
member, direct staff to provide coverage in a manner that is
fair and nonpartisan and in accordance with House rule XI,
clause 4.
Rule 12.--Additional Duties 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 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 the ranking minority
member, a budget for the Committee;
(f) Make any necessary technical and conforming changes to
legislation reported by the committee upon unanimous consent;
and
(g) Offer motions under clause 1 of rule XXII of the Rules
of the House (motion to request or agree to a conference)
whenever the chairman considers it appropriate.
Rule 13.--Consideration of Certain Bills and Resolutions
(a) The determination of the subject matter of
commemorative stamps and new semi-postal issues is properly for
consideration by the Postmaster General and 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.
(b) The consideration of bills designating facilities of
the United States Postal Service shall be conducted so as to
minimize the time spent on such matters by the committee and
the House of Representatives.
(c) The Chairman shall not request to have scheduled any
resolution for consideration under suspension of the Rules,
which expresses appreciation, commends, congratulates,
celebrates, recognizes the accomplishments of, or celebrates
the anniversary of, an entity, event, group, individual,
institution, team or government program; or acknowledges or
recognizes a period of time for such purposes.
Rule 14.--Panels and Task Forces
(a) The chairman of the full 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 full
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 full committee. The ranking
minority member of the full committee 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 15.--Deposition Authority
(a) The chairman of the full committee, upon consultation
with the ranking minority member of the full committee, may
order the taking of depositions, under oath and pursuant to
notice or subpoena.
(b) Notices for the taking of depositions shall specify the
date, time, and place of examination (if other than within the
committee offices). Depositions shall be taken under oath
administered by a member or a person otherwise authorized to
administer oaths.
(c) Consultation with the ranking minority member shall
include three business days notice before any deposition is
taken. All members shall also receive three business days
notice that a deposition has been scheduled.
(d) 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 of the full committee, an
official reporter, the witness, and the witness's counsel.
Observers or counsel for other persons, or for agencies under
investigation, may not attend.
(e) At least one member of the committee shall be present
at each deposition taken by the committee, unless the witness
to be deposed agrees in writing to waive this requirement.
(f) 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.
(g) 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.
(h) Any objection made during a deposition must be stated
concisely and in a non-argumentative and non-suggestive manner.
The witness may refuse to answer a question only to preserve a
privilege. When the witness has objected and refused to answer
a question to preserve a privilege, the full committee chairman
may rule on any such objection after the deposition has
adjourned. If the chairman overrules any such objection and
thereby orders a witness to answer any question to which a
privilege objection was lodged, such ruling shall be filed with
the clerk of the committee and shall be provided to the members
and the witness no less than three days before the reconvened
deposition. If a member of the committee appeals in writing the
ruling of the chairman, the appeal shall be preserved for
committee consideration. A deponent who refuses to answer a
question after being directed to answer by the chairman in
writing may be subject to sanction, except that no sanctions
may be imposed if the ruling of the chairman is reversed on
appeal.
(i) 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.
(j) 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 of the full committee shall be provided with a
copy of the transcripts of the deposition at the same time.
(k) The chairman and ranking minority member of the full
committee 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 full committee for resolution.
(l) 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
DAVID DREIER, California, Chairman
LOUISE McINTOSH SLAUGHTER, New York PETE SESSIONS, Texas, Vice
JAMES P. McGOVERN, Massachusetts Chairman
ALCEE L. HASTINGS, Florida VIRGINIA FOXX, North Carolina
JARED POLIS, Colorado ROB BISHOP, Utah
ROB WOODALL, Georgia
RICHARD NUGENT, Florida
TIM SCOTT, South Carolina
DANIEL WEBSTER, Florida
(Adopted January 5, 2011)
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 measure or matter before the Committee
shall be made publicly available in electronic form within 48
hours, 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, Space, and Technology
RALPH M. HALL, Texas, Chairman
EDDIE BERNICE JOHNSON, Texas, F. JAMES SENSENBRENNER,
Ranking Member Wisconsin
JERRY F. COSTELLO, Illinois LAMAR S. SMITH, Texas
LYNN WOOLSEY, California DANA ROHRABACHER, California
ZOE LOFGREN, California ROSCOE G. BARTLETT, Maryland
DAVID WU, Oregon FRANK D. LUCAS, Oklahoma
BRAD MILLER, North Carolina JUDY BIGGERT, Illinois
DANIEL LIPINSKI, Illinois W. TODD AKIN, Missouri
GABRIELLE GIFFORDS, Arizona RANDY NEUGEBAUER, Texas
DONNA EDWARDS, Maryland MICHAEL T. McCAUL, Texas
MARCIA L. FUDGE, Ohio PAUL BROUN, Georgia
BEN RAY LUJAN, New Mexico SANDY ADAMS, Florida
PAUL TONKO, New York BENJAMIN QUAYLE, Arizona
JERRY McNERNEY, California CHARLES J. ``CHUCK'' FLEISCHMANN,
JOHN SARBANES, Maryland Tennessee
TERRI SEWELL, Alabama SCOTT RIGELL, Virginia
FREDERICA WILSON, Florida STEVEN PALAZZO, Mississippi
HANSEN CLARKE, Michigan MO BROOKS, Alabama
ANDY HARRIS, M.D., Maryland
RANDY HULTGREN, Illinois
CHIP CRAVAACK, Minnesota
LARRY BUCSHON, Indiana
DAN BENISHEK, Michigan
(Adopted February 10, 2011)
Rule 1.--General Provisions
(a) In General.--The Rules of the House of Representatives,
so far as applicable, shall govern the Committee and its
subcommittees, except that a motion to recess from day to day,
or a motion to recess subject to the call of the chair (within
24 hours), or 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 privilege in the Committee. [House
rule XI 1(a)]
(b) Subcommitees.--Each Subcommittee is a part of the
Committee and is subject to the authority and direction of the
Committee and 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. [House rule XI 1(a)]
(c) Committee Rules.--The Committee's rules shall be
publicly available in electronic form and published in the
Congressional Record not later than 30 days after the Chair of
the Committee is elected in each odd-numbered year. [House rule
XI 2(a)(2)]
(d) Availability of Publications.--To the maximum extent
feasible, the Committee shall make its publications available
in electronic form, including on the Committee website. [House
rule XI 2(e)(4)]
(e) Committee Website.--The Chair of the Committee 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 of the Committee 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.
(f) Vice Chair; Presiding Member.--The Chair shall
designate a member of the majority party to serve as Vice Chair
of the Committee, and shall designate a majority member of each
Subcommittee to serve as Vice Chair of each subcommittee. The
vice chair of the Committee or subcommittee, as the case may
be, shall preside at any meeting or hearing during the
temporary absence of the Chair. If the Chair or Vice Chair 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. [House Rule XI
2(d)] (1)
(g) Motion To Go to Conference.--The Chair is directed to
offer a motion under clause l of rule XXII of the Rules of the
House whenever the Chair considers it appropriate. [House rule
XI 2(a)(3)]
(h) Conference Committees.--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 Committee.
(i) Use of Hearing Rooms.--In consultation with the Ranking
Minority Member, the Chair of the Committee shall establish
guidelines for the use of Committee hearing rooms.
(j) National Security Information.--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 Chair of the Committee may
establish such regulations and procedures as in the Chair's
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.
(k) Other Procedures.--The Chair of the Committee, after
consultation with the Ranking Minority Member of the Committee,
may establish such other procedures and take such actions as
may be necessary to carry out these rules or to facilitate the
effective operation of the Committee.
Rule 2.--Regular, Additional, and Special Meetings
(a) Regular Meetings.--Unless dispensed with by the Chair
of the Committee, the Committee shall meet on the second (2nd)
Wednesday of each month at 10:00 a.m. if the House is in
session. 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. [House rule XI 2(b)]
(b) Additional Meetings.--The Chair of the Committee may
call and convene, as the Chair considers necessary and in
accordance with rule 4(b), 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 under that call of
the Chair. [House rule XI 2(c)(1)]
(c) Special Meetings.--Rule XI 2(c) of the Rules of the
House of Representatives is hereby incorporated by reference.
[House rule XI 2(c)(2)]
Rule 3.--Meetings and Hearings Generally
(a) In General.--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 Vice Chair of the Committee or by
the ranking majority member of the Committee present as Acting
Chair. [House rule XI 2(d)]
(b) Opening Statements.--Insofar as is practicable, the
Chair, 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 Chair and Ranking Minority Member.
(c) Addressing the Committee.--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 Chair. This time limit may be
waived by the Chair pursuant to unanimous consent. [House rule
XI 2(j)(2)]
(d) Requests for Written Motions.--Any motion made at a
meeting of the Committee and which is entertained by the Chair
of the Committee or the Subcommittee shall be presented in
writing upon the demand of any Member present and a copy made
available to each Member present.
(e) Open Meetings and Hearings.--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, including to radio, television, and still
photography coverage, unless closed in accordance with clause
2(g) or 2(k)(5) of rule XI of the Rules of the House of
Representatives.
(f) Audio and Visual Coverage.--
(1) Whenever a hearing or meeting conducted by the
Committee is open to the public, these proceedings
shall be open to coverage by audio and visual means,
except as provided in rule XI 4(f)(2) of the House of
Representatives.
(2) To the maximum extent practicable the audio and
video coverage shall be in a manner that allows the
public to easily listen to and view the proceedings.
(3) Operation and use of any Committee internet
broadcast system shall be fair and nonpartisan and in
accordance with all other applicable rules of the
Committee and the House.
(4) To the maximum extent practicable, the Committee
shall maintain the recordings of the coverage of such
hearings or meetings in a manner easily accessible to
the public.
(5) The Chair of the Committee or Subcommittee may
not 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).
(6) Radio and television tapes, television films, 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.
(7) 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:
(A) 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
(B) 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.
(8) 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.
(9) The following shall apply to coverage of
Committee meetings or hearings by audio or visual
means:
(A) 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.
(B) The allocation among the television media
of the positions or the number of television
cameras permitted by a Committee or
Subcommittee Chair 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.
(C) 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.
(D) 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.
(E) 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.
(F)(i) Except as provided in subdivision
(ii), floodlights, spotlights, strobe lights,
and flashguns may not be used in providing any
method of coverage of the hearing or meeting.
(ii) 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.
(G) If requests are made by more of the media
than will be permitted by a Committee or
Subcommittee Chair 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.
(H) 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.
(I) Photographers may not place themselves in
positions that obstruct unnecessarily the
coverage of the hearing by the other media.
(J) Personnel providing coverage by the
television and radio media shall be currently
accredited to the Radio and Television
Correspondents' Galleries.
(K) Personnel providing coverage by still
photography shall be currently accredited to
the Press Photographers' Gallery.
(L) 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. [House rule XI (4)]
Rule 4.--Consideration of Measure or Matter
(a) In General.--Bills and other substantive matters may be
taken up for consideration only when called by the Chair of the
Committee, except those matters which are the subject of
special call meetings outlined in rule 2(c).
(b) Notice.--
(1)(A) The Chair of the Committee shall announce the
date, place, and subject matter of a committee meeting,
which may not commence earlier than the third day on
which members have notice thereof. [House rule XI
2(g)(3)]
(B) A committee meeting may begin sooner than
specified in subdivision (A) (in which case the Chair
shall make the announcement specified in subdivision
(A) at the earliest possible time) if--
(i) the Chair of the Committee, with the
concurrence of the ranking minority member,
determines there is good cause to do so; or
(ii) the Committee so determines by majority
vote, a quorum being present. [House rule XI
2(g)(3)]
(2)(A) At least 24 hours prior to the commencement of
a meeting for the consideration of a measure or matter,
or at the time of the announcement under (b)(1)(B) made
within 24 hours before such meeting, the Chair shall
cause the text of such measure or matter to be made
publicly available in electronic form. [House rule XI
2(g)(4)]
(B) To the maximum extent practicable, a written copy
of the measure or matter to be considered and the
original text of the measure to be considered for
purposes of markup shall be made publicly available in
electronic form for at least 48 hours in advance of
consideration, excluding Saturdays, Sundays and legal
holidays.
(3) A notice provided shall be published promptly in
the Daily Digest and made publicly available in
electronic form. [House rule XI 2(g)(3)]
(c) Submission of Amendments.--To the maximum extent
practicable, amendments to a measure or matter shall be
submitted in writing to the Clerk of the Committee at least 24
hours prior to the consideration of the measure or matter.
(d) Investigative or Oversight Reports.--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). [House rule
XI 1(b)(2)]
(e) Private Bills.--No private bill will be scheduled by
the Chair of the Committee if there are two (2) or more Members
who object to its consideration.
Rule 5.--Power To Sit and Act; Subpoena Power
(a) In General.--(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 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 Chair
of the Committee, or by any Member designated by the Chair.
[House rule XI 2(m)(3)(A)]
(2) The Chair of the Committee, after consultation with the
Ranking Minority Member of the 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 three (3) days.
[House rule XI 2(m)(3)(A)]
(3) A subpoena duces tecum may specify terms of return
other than at a meeting or a hearing of the Committee. [House
rule XI 2(m)(3)(B)]
(4) The Chair, or any Member of the Committee designated by
the Chair, may administer oaths to witnesses before the
Committee. [House rule XI 2(m)(2)]
(b) Sensitive or Confidential Information.--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 Chair of the Committee, in the Chair's judgment and after
consultation with the Ranking Minority Member of the Committee,
deems that in view of all of the circumstances, such as the
sensitivity of the information or the confidential nature of
the information, such action is appropriate.
Rule 6.--Quorums and Voting
(a) Quorums.--(1) One-third (1/3) of the Members of the
Committee shall constitute a quorum for all purposes except as
provided in paragraphs (2) and (3) of this rule. [House rule XI
2(h)(3)]
(2) A majority of the Members of the Committee shall
constitute a quorum for the purposes of reporting any measure
or matter, authorizing a subpoena, closing a meeting or hearing
pursuant to clause 2(g) of rule XI of the House, releasing
executive session material pursuant to clause 2(k)(7) of rule
XI of the Rules of the House, or where required by any other
Rule of the House.
(3) Two (2) Members of the Committee shall constitute a
quorum for taking testimony and receiving evidence, which,
unless waived by the Chair of the Committee after consultation
with the Ranking Minority Member of the Committee, shall
include at least one (1) Member from each of the majority and
minority parties. [House rule XI 2(h)(2)]
(b) Voting by Proxy.--No Member may authorize a vote by
proxy with respect to any measure or matter before the
Committee. [House rule XI 2(f)]
(c) Requests for Record Vote.--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 anyone (1) Member.
(d) Postponement of Proceedings.--The Chair of the
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. [House rule XI 2(h)(4)]
Rule 7.--Hearing Procedures
(a) Announcement of Hearing.--The Chair shall make a public
announcement of the date, place, and subject matter of a
hearing, and to the extent practicable, a list of witnesses at
least one (1) week before the commencement of the hearing. If
the Chair, 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 Chair shall make
the announcement at the earliest possible date. Any
announcement made under this Rule shall be promptly published
in the Daily Digest, and made available in electronic form.
[House rule XI 2(g)(3)]
(b) Witness Statement; Testimony.--
(1) Insofar as is practicable, no later than 48 hours
in advance of his or her appearance, each witness who
is to appear before the Committee shall file in printed
copy and in electronic form a written statement of his
or her proposed testimony and a curriculum vitae.
[House rule XI 2(g)(5)]
(2) Each witness shall limit his or her presentation
to a five (5) minute summary, provided that additional
time may be granted by the Chair of the Committee or
Subcommittee when appropriate.
(3) In the case of a witness appearing in a
nongovernmental capacity, a written statement of
proposed testimony shall include 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.
Such statements, with appropriate redactions to protect
the privacy of the witness, shall be made publicly
available in electronic form not later than one day
after the witness appears. [House rule XI 2(g)(5)]
(c) Questioning Witnesses.--The right to interrogate a
witness before the Committee shall alternate between Majority
and Minority Members. Each Member shall be limited to five (5)
minutes in the interrogation of witnesses until such time as
each Member present who wishes to be recognized has been
recognized once for that purpose. No member may be recognized
for a second period of interrogation until each Member present
has been recognized at least once. [House rule XI 2(j)(2)]
(d) Extended Questioning of Witnesses by Members.--
Notwithstanding Rule 3(c), upon a motion, the Chair, in
consultation with the Ranking Minority Member, may designate an
equal number of Members from each party to question a witness
for a period of time equally divided between the majority party
and the minority party, 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. [House rule XI
2(j)(2)]
(e) Minority Witnesses.--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 Chair
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. [House rule XI 2(j)(1)]
(f) Additional Questions for the Record.--Members of the
Committee have two (2) 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.
(g) Additional Hearing Procedures.--Rule XI 2(k) of the
Rules of the House of Representatives is hereby incorporated by
reference.
Rule 8.--Procedures for Reporting Measures or Matters
(a) Filing of reports.--
(1) It shall be the duty of the Chair of the
Committee 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
filing. [House rule XIII 2(b)(1)]
(2) 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
Chair of the Committee notice of the filing of that
request. [House rule XIII 2(b)(2)]
(b) Contents of Report.--The report of the Committee on a
measure or matter that has been approved by the Committee shall
include the matters required by clauses 2(c) and 3 of rule XIII
of the Rules of the House.
(c) Supplemental; Minority, or Additional Views.--Clause
2(I) of House Rule XI is hereby incorporated by reference.
(d) Immediate Printing; Supplemental Reports.-- This rule
does not preclude--
(1) the immediate filing or printing of a Committee
report unless a 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.
(e) Report Language on Use of Federal Resources.--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.
Rule 9.--Other Committee Publications
(a) House Reports.--
(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 8(c).
(2) Not later than the 30th day after June 1 and
December 1, the Committee shall submit to the House a
semiannual report on the activities of the Committee.
(b) Other Documents.--
(1) Subject to paragraph (2) and (3), the Chair of
the Committee may approve the publication of any
document as a Committee print which in the Chair's
discretion the Chair determines to be useful for the
information of the Committee.
(2) 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, other than a report of the
Committee on a measure which has been approved by the
Committee, must be approved by the 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.
(3) Any document to be published as a Committee
print, other than a document described in subsection
(2) of this rule, shall--
(A) 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) not be published following the sine die
adjournment of a Congress, unless approved by
the Chair of the Committee after consultation
with the Ranking Minority Member of the
Committee.
(c) Joint Investigation or Study.--A report of an
investigation or study conducted jointly by the 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.
[House rule XI 1(b)(2)]
(d) 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 (7)
calendar days in which to submit such views for
inclusion with the report. [House rule XI 1(b)(4)]
(2) After an adjournment sine die of a regular
session of a Congress or after December 15, whichever
occurs first, the Chair of the Committee may file the
second and fourth semiannual Activity Report for that
Congress with the Clerk of the House at any time 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. [House rule XI 1(d)]
Rule 10.--General Oversight and Investigative Responsibilities
(a) Oversight.--
(1) In General.--The Committee shall conduct
oversight of matters within the jurisdiction of the
Committee in accordance with House Rule X, clause 2 and
shall review and study on a continuing basis laws,
programs, and Government activities relating to
nonmilitary research and development. [House rule X
3(k)]
(2) 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 plan for that Congress for submission to
the Committee on Oversight and 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. [House rule X 2(d)]
(b) Investigations.--
(1) In General.--The Chair of the Committee may
undertake any formal investigation in the name of the
Committee after consultation with the Ranking Minority
Member of the Committee.
(2) Subcommittee Investigations.--The Chair of any
Subcommittee shall not undertake any formal
investigation in the name of the Committee or
Subcommittee without formal approval by the Chair of
the Committee, in consultation with other appropriate
Subcommittee Chairs, and after consultation with the
Ranking Minority Member of the Committee. The Chair of
any Subcommittee shall also consult with the Ranking
Minority Member of the Subcommittee before undertaking
any investigation in the name of the Committee.
Rule 11.--Subcommittees
(a) Establishment and Jurisdiction of Subcommitees.--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:
(A) Department of Energy research,
development, and demonstration programs;
(B) Department of Energy laboratories;
(C) Department of Energy science activities;
(D) energy supply activities;
(E) nuclear, solar and renewable energy, and
other advanced energy technologies;
(F) uranium supply and enrichment, and
Department of Energy waste management and
environment, safety, and health activities, as
appropriate;
(G) fossil energy research and development;
(H) clean coal technology;
(I) energy conservation research and
development;
(J) energy aspects of climate change;
(K) pipeline research, development, and
demonstration projects;
(L) energy and environmental standards;
(M) energy conservation, including building
performance, alternate fuels for and improved
efficiency of vehicles, distributed power
systems, and industrial process improvements;
(N) Environmental Protection Agency research
and development programs;
(O) the National Oceanic and Atmospheric
Administration, including all activities
related to weather, weather services, climate,
the atmosphere, marine fisheries, and oceanic
research;
(P) risk assessment activities; and
(Q) 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,
including:
(A) standardization of weights and measures,
including technical standards, standardization,
and conformity assessment;
(B) measurement, including the metric system
of measurement;
(C) the Technology Administration of the
Department of Commerce;
(D) the National Institute of Standards and
Technology;
(E) the National Technical Information
Service;
(F) competitiveness, including small business
competitiveness;
(G) tax; antitrust, regulatory and other
legal and governmental policies as they relate
to technological development and
commercialization;
(H) technology transfer, including civilian
use of defense technologies;
(I) patent and intellectual property policy;
(J) international technology trade;
(K) research, development, and demonstration
activities of the Department of Transportation;
(L) surface and water transportation
research, development, and demonstration
programs;
(M) earthquake programs (except for NSF) and
fire research programs, including those related
to wildfire proliferation research and
prevention;
(N) biotechnology policy;
(O) research, development, demonstration, and
standards-related activities of the Department
of Homeland Security;
(P) Small Business Innovation Research and
Technology Transfer; and
(Q) 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:
(A) the Office of Science and Technology
Policy;
(B) all scientific research, and scientific
and engineering resources (including human
resources), science, technology, engineering
and mathematics education;
(C) intergovernmental mechanisms for
research, development, and demonstration and
cross-cutting programs;
(D) international scientific cooperation;
(E) National Science Foundation, including
earthquake programs;
(F) university research policy, including
infrastructure and overhead;
(G) university research partnerships,
including those with industry;
(H) science scholarships;
(I) computing, communications, networking,
and information technology;
(J) research and development relating to
health, biomedical, and nutritional programs;
(K) research, development, and demonstration
relating to nanoscience, nanoengineering, and
nanotechnology;
(L) to the extent appropriate, agricultural,
geological, biological and life sciences
research;
(M) and 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:
(A) national space policy, including access
to space;
(B) sub-orbital access and applications;
(C) National Aeronautics and Space
Administration and its contractor and
government-operated labs;
(D) space commercialization, including
commercial space activities relating to the
Department of Transportation and the Department
of Commerce;
(E) exploration and use of outer space;
(F) international space cooperation;
(G) the National Space Council;
(H) space applications, space communications
and related matters;
(I) earth remote sensing policy;
(J) civil aviation research, development, and
demonstration;
(K) research, development; and demonstration
programs of the Federal Aviation
Administration; and
(L) space law.
(5) Subcommittee on Investigations and Oversight.--
General and special investigative authority on all
matters within the jurisdiction of the Committee on
Science, Space, and Technology.
(b) Ratios.--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
Chair of the Committee to negotiate that ratio with the
minority party; Provided, however, that the ratio of majority
Members to minority Members on each Subcommittee (including any
ex-officio Members) shall be no less favorable to the majority
party than the ratio for the Committee.
(c) Ex-Officio Members.--The Chair of the Committee and
Ranking Minority Member of the Committee 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.
(d) Referral of Legislation.--The Chair of the Committee
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 of the
matters being referred to the Committee, unless the Chair of
the Committee deems consideration is to be by the Committee.
Subcommittee Chairs may make requests for referral of specific
matters to their Subcommittee within the two (2) week period if
they believe Subcommittee jurisdictions so warrant.
(e) Procedures.--
(1) No Subcommittee shall meet to consider for markup
or approval any measure or matter when the Committee or
any other Subcommittee of the Committee is meeting to
consider any measure or matter for markup or approval.
(2) Each Subcommittee is authorized to meet, hold
hearings, receive testimony or evidence, mark up
legislation, 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.
(3) Subcommittee Chairs shall set meeting dates after
consultation with the Chair of the Committee and other
Subcommittee Chairs with a view toward avoiding
simultaneous scheduling of Committee and Subcommittee
meetings or hearings wherever possible.
(4) 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 Member who is not a
Member of the Subcommittee shall vote on any matter
before such Subcommittee, except as provided in
subsection (c) of this rule.
(5) During consideration of any measure or matter for
markup or approval in a Subcommittee proceeding, a
record vote may be had at the request of one (1) or
more Members of that Subcommittee.
(6) 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 the rules
and regulations of the House.
(f) Consideration of Subcommittee Reports.--After ordering
a measure or matter reported, a Subcommittee shall issue a
Subcommittee report in such form as the Chair of the Committee
shall specify. To the maximum extent practicable, reports and
recommendations of a Subcommittee shall not be considered by
the 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 the Members of
the Committee and printed hearings thereon shall be made
available, if feasible, to the Members of the Committee, except
that this rule may be waived at the discretion of the Chair of
the Committee after consultation with the Ranking Minority
Member of the Committee.
Rule 12.--Committee Records
(a) Transcripts.--The transcripts of those hearings
conducted by the Committee and Subcommittees 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 Chair of the Committee. [House Rule
XI 2(e)(1)(A)]
(b) Keeping of Records.--
(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
included in the report of the Committee, made available
by the Committee for inspection by the public at
reasonable times in the offices of the Committee and
shall be made publicly available in electronic form
within 48 hours of such record vote. [House rule XI
2(e)(1)(B)]
(2) Information made 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. [House rule XI
2(e)(1)(B)]
(3) Not later than 24 hours after the adoption of any
amendment to a measure or matter considered by the
Committee, the Chair shall cause the text of each such
amendment to be made publicly available in electronic
form. [House rule XI 2(e)(6)]
(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 of Representatives. The Chair of
the Committee shall notify the Ranking Minority Member of the
Committee of any decision, pursuant to rule VII 3(b)(3) or
clause 4(b) of the Rules of the House of Representatives, 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. [House rule XI 2(e)(3)]
(d) Property of House.--
(1) Except as provided for in paragraph (2), 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 Chair. Such records shall be the property of the
House, and each Member, Delegate, and Resident
Commissioner, shall have access thereto.
(2) 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. [House rule XI 2(e)(2)]
Committee on Small Business
SAM GRAVES, Missouri, Chairman
NYDIA VELAZQUEZ, New York, ROSCOE BARTLETT, Maryland
Ranking Member STEVE CHABOT, Ohio
KURT SCHRADER, Oregon STEVE KING, Iowa
MARK CRITZ, Pennsylvania MIKE COFFMAN, Colorado
JASON ALTMIRE, Pennsylvania MICK MULVANEY, South Carolina
YVETTE CLARKE, New York SCOTT TIPTON, Colorado
JUDY CHU, California JAIME HERRERA BEUTLER,
DAVID CICILLINE, Rhode Island Washington
CEDRIC RICHMOND, Louisiana ALLEN WEST, Florida
GARY PETERS, Michigan RENEE ELLMERS, North Carolina
BILL OWENS, New York JOE WALSH, Illinois
WILLIAM KEATING, Massachusetts JEFF LANDRY, Louisiana
LOU BARLETTA, Pennsylvania
RICHARD HANNA, New York
(Adopted January 26, 2011)
Rule 1.--General Provisions
The Rules of the House of Representatives, in total (but
especially with the operations of committees rule X, cl. 1(p),
cl. 2, cl. 3(l), and rule XI) are the rules of the Committee on
Small Business to the extent applicable and are incorporated by
reference. Each subcommittee of the Committee on Small Business
(``the Committee'') is a part of the Committee and is subject
to the authority and direction of the Committee, and to the
rules of the House and the rules adopted herein to the extent
applicable.
Rule 2.--Referral of Bills by the Chair
The Chair will retain consideration of all legislation
referred to the Committee by the Speaker. No action will be
required of a subcommittee before legislation is considered for
report by the Committee. Subcommittee chairs, pursuant to the
rules set out herein, may hold hearings on any bill referred to
the Committee.
Rule 3.--Date of Meeting
The regular meeting date of the Committee shall be the
second Wednesday of every month when the House is in session.
The Chair may dispense with the meeting of the Committee, if in
the sole discretion of the Chair, there is no need for such
meeting. Additional meetings may be called as deemed necessary
by the Chair or at the request of the majority Members of the
Committee pursuant to rule XI, cl. 2(c) of the rules of the
House.
At least 3 days notice of such an additional meeting shall
be given unless the Chair, with the concurrence of the Ranking
Minority Member, determines that there is good cause to call
the meeting on less notice or upon a vote by a majority of the
Committee (a quorum being present). To the extent possible, the
three days shall be counted from the 72 hours before the time
of the meeting. Announcements of the meeting shall be published
promptly in the Daily Digest and made publicly available in
electronic form.
The determination of the business to be considered at each
meeting shall be made by the Chair subject to limitations set
forth in House rule XI, cl. 2(c).
The Chair shall provide to each Member of the Committee, to
the extent practicable, at least 48 hours in advance of a
meeting, a copy of the bill, resolution, report or other item
to be considered at the meeting, but no later than 24 hours
before the meeting. Such material also shall be made available
to the public at least 24 hours in advance in electronic form.
The rules for notice and meetings as set forth in rule 3 of
these Rules shall not apply to special and emergency meetings.
Clause 2(c)(2) of rule XI and clause 2(g)(3)(A) of rule XI of
the Rules of the House, as applicable, shall apply to such
meetings.
A record vote of the Committee shall be provided on any
question before the Committee upon the request of any Member of
the Committee. A record of the vote of each Member of the
Committee on a matter before the Committee shall be available
in electronic form within 48 hours of such record vote, and,
with respect to any roll call 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.
The Chair of the Committee shall, not later than 24 hours
after consideration of a bill, resolution, report or other item
cause the text of the reported item and any amendment adopted
thereto to be made publicly available in electronic form.
Rule 4.--Announcement of Hearings
Public announcement of the date, place, and subject matter
of any hearing to be conducted by the Committee shall be made
no later than 7 calendar days before the commencement of the
hearing. To the extent possible, the seven days shall be
counted from 168 hours before the time of the Committee's
hearing. The Chair, with the concurrence of the Ranking
Minority Member, or upon a vote by the majority of the
Committee (a quorum being present), may authorize a hearing to
commence on less than 7 calendar days notice.
(a) Witness Lists.--Unless the Chair determines it is
impracticable to do so, the Committee shall make a tentative
witness list available at the time it makes the public
announcement of the hearing. If a tentative witness list is not
made available at the time of the announcement of the hearing,
such witness list shall be made available as soon as
practicable after such announcement is made. A final witness
list shall be issued by the Committee no later than 48 hours
prior to the commencement of the hearing.
(b) Material for the Hearing.--The Chair shall provide to
all Members of the Committee, as soon as practicable after the
announcement of the hearing, a memorandum explaining the
subject matter of the hearing and any official reports from
departments and agencies on the subject matter of the hearing.
Such material shall be made available to all Members of the
Committee no later than 48 hours before the commencement of the
hearing unless the Chair, after consultation with the Ranking
Minority Member, determines that certain reports from
departments or agencies should not be made available prior to
the commencement of the hearing. Material provided by the Chair
to all Members, whether provided prior to or at the hearing,
shall be placed on the Committee website no later than 48 hours
after the commencement of the hearing unless such material
contains sensitive or classified information in which case such
material shall be handled pursuant to rule 15 of the
Committee's Rules.
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 House Rule XI, cl. 4. provided however, that no
person other than Members of the Committee, and such
congressional staff and such executive branch representatives
they may authorize, shall be present in any meeting which has
been closed to the public.
The Chair and Ranking Minority Member are ex officio
Members of all Subcommittees for the purpose of any meeting or
hearing conducted by a Subcommittee.
(b) Hearings.--Each hearing conducted by the Committee or
its Subcommittees shall be open to the public, including radio,
television and still photography coverage. If the majority of
Members of the Committee or subcommittee present at the
hearing, determine by a recorded vote in open session that all
or part of the remainder of the hearing on that day shall be
closed to the public because the 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 the
Committee or Subcommittee may by the same procedure also vote
to close one subsequent day of hearings. Notwithstanding the
requirements of the preceding sentence, a majority of those
present (if the requisite number of Members are present under
Committee rules for the purpose of taking testimony) may vote:
(i) to close the hearing for the sole purpose of discussing
whether the testimony or evidence to be received would endanger
the national security, would compromise sensitive law
enforcement information, or violate rule XI, cl. 2(k)(5) of the
House or (ii) to close the hearing, as provided clause 2(k)(5)
of rule XI of the House.
The Chair and Ranking Minority Member are ex officio
Members of all Subcommittees any hearing conducted by a
Subcommittee. Members of the Committee who wish to participate
in a hearing of the Subcommittee to which they are not Members
shall make such request to the Chair and the Ranking Minority
Member of the Subcommittee at the commencement of the hearing.
The Chair, after consultation with the Ranking Minority Member
of the Subcommittee, shall grant such request.
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 Subcommittees, for
purposes of a particular subject of investigation, to close its
hearing to Members by the same procedures designated to close
hearings to the public.
Members of Congress who are not Members of the Committee
but would like to participate in a hearing shall notify the
Chair and the Ranking Minority Member and submit a formal
request no later than 24 hours before the commencement of the
meeting or hearing.
To the maximum extent practicable, the Committee shall
provide audio and video coverage of each hearing or meeting for
the transaction of business in a manner that allows the public
to easily listen and view the proceedings and shall maintain
the recordings of such coverage in a manner easily accessible
to the public.
Rule 6.--Witnesses
(a) Statement of Witnesses.--Each witness who is to appear
before the Committee or Subcommittee shall file an electronic
copy of the testimony with the Committee and the Ranking
Minority Member no later than 48 hours before the commencement
of the hearing. In addition, the witness shall provide 75
copies of the testimony by the commencement of the hearing. The
Chair may waive the requirement by the witness providing 75
copies in which case the Committee or Subcommittee shall
provide the 75 copies.
Each non-governmental witness shall provide to the
Committee and the Ranking Minority Member, no later than 48
hours before the commencement of the hearing, a curriculum
vitae or other statement describing their education,
employment, professional affiliation or other background
information pertinent to their testimony.
As required by rule XI, cl. 2(g) of the Rules of the House,
each non-governmental witness before the commencement of the
hearing shall file with the Chair a disclosure form detailing
any contracts or grants that the witness has with the federal
government.
The failure to provide the materials set forth by the
deadlines set forth in these rules may be grounds for excluding
both the oral and written testimony of the witness unless
waived by the Chair of the Committee or Subcommittee.
The Committee will provide public access to printed
materials, including the testimony of witnesses in electronic
form on the Committee's website no later than 24 hours after
the hearing is adjourned. Supplemental material provided after
the hearing adjourns, shall be placed on the Committee website
no later than 24 hours after receipt of such material.
(b) Number of Witnesses and Witnesses Selected by the
Minority.--For any hearing conducted by the Committee or
Subcommittee there shall be no more than four non-governmental
witnesses of which the Ranking Minority Member of the Committee
or Subcommittee (as appropriate) is entitled to select one
witness for the hearing. Witnesses selected by the Ranking
Minority Member of the Committee or Subcommittee shall be
invited to testify by the Chair of the Committee or
Subcommittee (as appropriate). Rule 6(A) shall apply with equal
force to witnesses selected by the Ranking Minority Member of
the Committee or Subcommittee.
The limitations set forth in the preceding paragraph shall
not apply if the Committee holds a hearing to honor the work of
the small business community in conjunction with the annual
celebration of Small Business Week. Witness limitations for
such a hearing shall be determined by the Chair in consultation
with the Ranking Minority Member.
(c) Interrogation of Witnesses.--Except when the Committee
adopts a motion pursuant to subdivisions (B) and (C) of clause
2(i)(2) of rule XI of the Rules of the House, Committee Members
may question witnesses only when they have been recognized by
the Chair for that purpose.
The Chair and Ranking Minority Member of the Committee or
Subcommittee shall face no limitation on the length of the time
that they may question a witness. After recognition by the
Chair, other Members shall have the opportunity, as set forth
in rule XI, cl. 2(j) of the Rules of the House, to question
each witness on the panel for a period not to exceed 5 minutes.
For any hearing, the Chair of the Committee or Subcommittee
may offer a motion to extend the questioning of a witness or
witnesses by Members other than the Chair or Ranking Minority
Member identified in the motion for more than five minutes as
set forth in rule XI, cl. 2(j)(B).
The Chair of the Committee or Subcommittee shall commence
questioning followed by the Ranking Minority Member.
Thereafter, questioning shall alternate between the majority
and minority Members by the time in which the Member arrived at
the hearing after the gavel has been struck to commence the
hearing, with the first arriving having priority over Members
of his or her party. If Members arrive simultaneously or are
there prior to the gavel being struck to commence the hearing,
order of questioning shall be based on seniority.
In recognizing Members to question witnesses, the Chair may
take into consideration the ratio of majority and minority
Members present in such a manner as to not disadvantage the
Members of either party.
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 document, as deemed
necessary. Such subpoena shall be authorized by a majority of
the full Committee. The requirement that the authorization of a
subpoena require a majority vote may be waived by the Ranking
Member of the Committee. The Chair may issue a subpoena, in
consultation with the Ranking Minority Member, when the House
is out for session for more than three legislative days.
Rule 8.--Quorum
A quorum, for purposes of reporting a measure or
recommendation, shall be a majority of the Committee Members.
For purposes of taking testimony or receiving evidence, a
quorum shall be one Member from the Majority and one Member
from the Minority. The Chair of the Committee or Subcommittee
shall exercise reasonable comity by waiting for the Ranking
Minority Member even if a quorum is present before striking the
gavel to commence the hearing. For hearings held by the
Committee or a Subcommittee in a location other than the
Committee's hearing room in Washington, DC, a quorum shall be
deemed to present if the Chair of the Committee or Subcommittee
is present.
Rule 9.--Amendments During Mark-Up
Any amendment offered to any pending legislation before the
Committee must be made available in written form by any Member
of the Committee. If such amendment is not available in written
form when requested, the Chair shall allow an appropriate
period for the provision thereof. Such period shall not
prejudice the offering of such amendment.
For amendments to be accepted during mark-up, there is no
requirement that the amendments be filed prior to commencement
of the mark-up or prepared with the assistance of the Office of
Legislative Counsel. Even though it is not necessary, Members
seeking to amend legislation during mark-up should draft
amendments with the assistance of the Office of Legislative
Counsel and consult with the Chair or Ranking Member's staff
(as appropriate) in the preparation of such amendments.
Rule 10.--Postponement of Proceedings
The Chair 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 Chair may resume postponed proceedings, but
no later than 24 hours after such postponement, unless the
House is not in session or there are conflicts with Member
schedules that make it unlikely a quorum will be present to
conduct business on the postponed proceeding. In such cases,
the Chair will consult with Members to set a time as early as
possible to resume proceedings but in no event later than the
next meeting date as set forth in rule 3 of these rules. 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:
THE SUBCOMMITTEE ON AGRICULTURE, ENERGY AND TRADE
This Subcommittee (which will consist of seven (7)
Republican Members and five (5) Democratic Members) will
address policies that enhance rural economic growth, increasing
America's energy independence and ensuring that America's small
businesses can compete effectively in a global marketplace:
Oversight of agricultural policies;
Oversight of environmental issues and
regulations (including agencies such as the
Environmental Protection Agency and the Army Corps of
Engineers);
Oversight of energy issues, including
expansion of domestic resources whether they are
renewable or non-renewable;
Oversight of international trade policy with
particular emphasis on agencies that provide direct
assistance to small businesses, such as: the Small
Business Administration's (SBA) Office of International
Trade, the Department of Commerce's United States
Export Assistance Centers, the Department of
Agriculture's Foreign Agricultural Service, and the
Export-Import Bank.
Oversight of infringement of intellectual property rights
by foreign competition.
THE SUBCOMMITTEE ON HEALTHCARE AND TECHNOLOGY
This Subcommittee (which will consist of eight (8)
Republican Members and five (5) Democratic Members) will
address how healthcare policies may inhibit or promote economic
growth and job creation by small businesses. In addition, the
Subcommittee will examine small business job growth through the
creation and adoption of advanced technologies:
Oversight of the implementation of the
Patient Protection and Affordable Care Act;
Oversight of availability and affordability
of healthcare coverage for small businesses;
Oversight of general technology issues,
including intellectual property policy in the United
States;
Oversight of United States
telecommunications policies including, but not limited
to, the National Broadband Plan and allocation of
electromagnetic spectrum;
The Small Business Innovation Research
Program;
Small Business Technology Transfer Program.
THE SUBCOMMITTEE ON ECONOMIC GROWTH, TAX AND CAPITAL ACCESS
This Subcommittee (which will consist of seven (7)
Republican Members and five (5) Democratic Members) will
evaluate the operation of the financial markets in the United
States and their ability to provide needed capital to small
businesses. In addition, the Subcommittee will review federal
programs, especially those overseen by the SBA, aimed at
assisting entrepreneurs in obtaining needed capital. Since the
tax policy plays an integral role in access to capital, this
Committee also will examine the impact of federal tax policies
on small businesses:
Oversight of capital access and financial
markets;
Implementation of the Dodd-Frank Wall Street
Reform and Consumer Protection Act;
SBA financial assistance programs, including
guaranteed loans, microloans, certified development
company loans, and small business investment companies;
Oversight of the Department of Agriculture
business and industry guaranteed loan program;
Oversight of general tax policy affecting
small businesses.
The management of the SBA disaster loan program.
THE SUBCOMMITTE ON INVESTIGATIONS, OVERSIGHT AND REGULATIONS
This Subcommittee (which will consist of seven (7)
Republican Members and five (5) Democratic Members) will probe
the efficient operation of government programs that affect
small businesses, including the SBA, and develop proposals to
make them operate in a more cost-effective manner. This
Subcommittee also will review the regulatory burdens imposed on
small businesses and how those burdens may be alleviated:
Oversight of general issues affecting small
businesses and federal agencies;
Oversight of the management of the SBA;
Oversight of the SBA Inspector General;
Implementation of the Regulatory Flexibility
Act;
Oversight of the Office of Information and
Regulatory Affairs at the Office of Management and
Budget;
Use of the Congressional Review Act;
Transparency of the federal rulemaking process
as required by the Administrative Procedure and Data
Quality Acts;
Implementation of the Paperwork Reduction Act.
THE SUBCOMMITTEE ON CONTRACTING AND WORKFORCE
This Subcommittee (which will consist of seven (7)
Republican Members and five (5) Democratic Members) will assess
the federal procurement system, including those programs
designed specifically to enhance participation by small
businesses in providing goods and services to the federal
government. The Subcommittee will examine various programs
designed to provide technical assistance to small businesses,
whether specifically aimed at federal contractors or small
businesses in general. Finally, the Subcommittee will review
the broad scope of workforce issues that affect the ability of
small businesses to obtain and maintain qualified employees:
Oversight of government-wide procurement
practices and programs affecting small businesses;
Oversight of federal procurement policies that
inhibit or expand participation by small businesses in
the federal contracting marketplace;
All contracting programs established by the
Small Business Act, including HUBZone, 8(a), Women-,
and Service Disabled Veteran-Owned Small Business
Programs;
Technical assistance provided to federal
contractors and perspective contractors through SBA
personnel, Offices of Small and Disadvantaged Business
Utilization, and Procurement Technical Assistance
Centers;
The SBA Surety Bond guarantee program;
Oversight of all federal policies that affect
the workforce including, but not limited to, the roles
of the Department of Labor and the National Labor
Relations Board;
SBA entrepreneurial development and technical
assistance programs unrelated to participation in the
federal government contracting.
Rule 12.--Powers and Duties of Subcommittees
Each Subcommittee is authorized to meet, hold hearings,
receive evidence, and report to the Committee on any matters
referred to it. Prior to the scheduling of any meeting or
hearing of a Subcommittee, the Chair of the Subcommittee shall
obtain the approval of the Chair of the Committee.
No hearing or meeting of a Subcommittee shall take place at
the same time as the meeting or hearing of the full Committee
or another Subcommittee, provided however, that the
Subcommittee Chairs may hold field hearings that conflict with
those held by other Subcommittees of the Committee.
Rule 13.--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 Chair of the
Committee. The Chair shall fix their remuneration and they
shall be under the general supervision and direction of the
Chair.
(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.--There shall be no separate staff
assigned to Subcommittees. The Chair and Ranking Member shall
endeavor to ensure that sufficient committee staff is made
available in order that each Subcommittee may carry out the
responsibilities set forth in rule 11, supra.
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 recorded vote is demanded. The result of any vote by
the Committee, or if applicable by a Subcommittee, included a
voice vote shall be posted on the Committee's website within 24
hours after the vote has been taken. Such record shall include
a description of the amendment, motion, order, or other
proposition, the name of the Member voting for and against such
amendment, motion, order, or other proposition, and the names
of Members present but not voting. For any amendment, motion,
order, or other proposition decided by voice vote, the record
shall include a description and whether the voice vote was in
favor or against.
The Committee shall keep a complete record of all Committee
and Subcommittee activity which, in the case of a meeting or
hearing transcript shall include a substantially verbatim
account of the remarks actually made during the proceedings
subject only to technical, grammatical, and typographical
corrections authorized by the person making the remarks.
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 Chair of the
Committee shall notify the Ranking Member of the Committee of
any decision, pursuant to rule VII, cl. 3(b)(3) or cl. 4 (b),
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.
The Committee Rules shall be made publicly available in
electronic form and published in the Congressional Record not
later than 30 days after the Chair of the Committee is elected
in each odd-numbered year.
Rule 15.--Access to Classified or Sensitive Information
Access to classified or sensitive information supplied to
the Committee or Subcommittees and attendance at closed
sessions of the Committee or a Subcommittee shall be limited to
Members and necessary Committee staff and stenographic
reporters who have appropriate security clearance when the
Chair determines that such access or attendance is essential to
the functioning of the Committee or one of its Subcommittees.
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
possession of the Committee shall notify the Clerk of
the Committee in writing.
(C) The Clerk of the Committee 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 the manner
authorized by the rules of the Committee.
(I) When not being examined in the manner described
herein, such information will be kept in secure safes
or locked file cabinets within the Committee offices.
(J) These procedures only address access to
information the Committee or 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 or an independent
agency as that term is defined in 44 U.S.C. Sec. 3502,
the classification of information and materials as
determined by the Executive Branch or independent
agency shall prevail unless affirmatively changed by
the Committee or Subcommittee involved, after
consultation with the Executive Branch or independent
agency.
(L) Other materials in the possession of the
Committee are to be handled in the accordance with
normal practices and traditions of the Committee.
Rule 16.--Other Procedures
The Chair 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.
Rule 17.--Amendments to Committee Rules
The rules of the Committee may be modified, amended or
repealed by a majority vote of the Members, at a meeting
specifically called for such purpose, but only if written
notice of the proposed change or changes has been provided to
each Member of the Committee at least 72 hours prior to the
time of the meeting of the Committee to consider such change or
changes.
Rule 18.--Budget and Travel
From the amount provided to the Committee in the primary
expense resolution adopted by the House of Representatives in
the 112th Congress, the Chair, 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.
The Chair may authorize travel in connection with
activities or subject matters under the legislative or
oversight jurisdiction of the Committee as set forth in rule X
of the Rules of the House.
The Ranking Minority Member may authorize travel for any
Minority Member or staff of the minority in connection with
activities or subject matters under the Committee's
jurisdiction as set forth in rule X of the Rules of the House.
Before such travel, there shall be submitted to the Chair of
the Committee in writing the following at least seven (7)
calendar days prior specifying: 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; and d) the names of Members and staff of the
Committee participating in such travel. Prior approval shall
not be required of Minority Staff traveling to participate in a
deposition, authorized by the Chair in rule 16 of these Rules
of an individual located outside of Washington, DC metropolitan
area.
Rule 19.--Committee Website
The Chair shall maintain an official Committee website for
the purpose of furthering the Committee's legislative and
oversight responsibilities, including communicating information
about 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.
Rule 20.--Vice Chair
Pursuant to the Rules of the House, the Chair shall
designate a Member of the Majority to serve as Vice Chair of
the Committee. The Vice Chair shall preside at any meeting or
hearing during the temporary absence of the Chair. The Chair
also reserves the right to designate a Member of the Committee
Majority to serve as the Chair at a hearing or meeting.
Committee on Transportation and Infrastructure
JOHN L. MICA, Florida, Chairman
NICK J. RAHALL, II, West Virginia, DON YOUNG, Alaska
Ranking Member THOMAS E. PETRI, Wisconsin
PETER A. DeFAZIO, Oregon HOWARD COBLE, North Carolina
JERRY F. COSTELLO, Illinois JOHN J. DUNCAN, Jr., Tennessee
ELEANOR HOLMES NORTON, FRANK A. LoBIONDO, New Jersey
District of Columbia GARY MILLER, California
JERROLD NADLER, New York TIMOTHY V. JOHNSON, Illinois
CORRINE BROWN, Florida SAM GRAVES, Missouri
BOB FILNER, California BILL SHUSTER, Pennsylvania
EDDIE BERNICE JOHNSON, Texas SHELLEY MOORE CAPITO,
ELIJAH E. CUMMINGS, Maryland West Virginia
LEONARD BOSWELL, Iowa JEAN SCHMIDT, Ohio
TIM HOLDEN, Pennsylvania CANDICE MILLER, Michigan
RICK LARSEN, Washington DUNCAN HUNTER, California
MICHAEL E. CAPUANO, Massachusetts ANDY HARRIS, Maryland
TIMOTHY H. BISHOP, New York RICK CRAWFORD, Arkansas
MICHAEL H. MICHAUD, Maine JAIME HERRERA BEUTLER,
RUSS CARNAHAN, Missouri Washington
GRACE NAPOLITANO, California FRANK GUINTA, New Hampshire
DANIEL LIPINSKI, Illinois RANDY HULTGREN, Illinois
MAZIE HIRONO, Hawaii LOU BARLETTA, Pennsylvania
JASON ALTMIRE, Pennsylvania CHIP CRAVAACK, Minnesota
TIMOTHY J. WALZ, Minnesota BLAKE FARENTHOLD, Texas
HEATH SHULER, North Carolina LARRY BUCSHON, Indiana
STEVE COHEN, Tennessee BILLY LONG, Missouri
LAURA A. RICHARDSON, California BOB GIBBS, Ohio
ALBIO SIRES, New Jersey PATRICK MEEHAN, Pennsylvania
DONNA F. EDWARDS, Maryland RICHARD HANNA, New York
JEFF LANDRY, Louisiana
STEVE SOUTHERLAND, Florida
JEFF DENHAM, California
JAMES LANKFORD, Oklahoma
REID RIBBLE, Wisconsin
CHUCK FLEISCHMANN, Tennessee
(Adopted January 26, 2011)
Rule 1.--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 of the Committee 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.--Pursuant to clause 2(a) of rule
XI of the Rules of the House, the Committee's rules shall be
publicly available in electronic form and published in the
Congressional Record not later than 30 days after the Chairman
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 2.--Regular, Additional, and Special Meetings
(a) Regular Meetings.--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. A regular meeting of the Committee may be dispensed with
if, in the judgment of the Chairman, there is no need for the
meeting. 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) Notice.--
(1) Minimum Notice Period.--Pursuant to clause
2(g)(3) of Rule XI of the Rules of the House, the
Chairman shall make a public announcement of the date,
place, and subject matter of a Committee or
subcommittee meeting, which may not commence earlier
than the third day on which members have notice
thereof.
(2) Changes in Meeting Times.--A meeting may commence
sooner than announced if the Chairman, with concurrence
of the ranking minority member, determines there is
good cause to begin the meeting sooner or the Committee
or subcommittee so determines by majority vote, a
quorum being present for the transaction of business.
The Chairman shall make a public announcement of the
meeting time change at the earliest possible
opportunity.
(3) Notification of Daily Digest Clerk.--The clerk of
the Committee shall notify the Daily Digest Clerk of
the Congressional Record as soon as possible after a
public announcement of a time change for a Committee or
subcommittee meeting is made under this paragraph.
(e) 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 3.--Meetings and Hearings Generally
(a) Minimum Period for Availability of Committee Markup
Text.--Pursuant to clause 2(g)(4) of rule XI of the Rules of
the House, the Chairman of shall make publicly available, in
electronic form, the text of any legislation to be marked up at
least 24 hours prior to the commencement of a meeting for the
markup of legislation, or at the time of a meeting announcement
under paragraph (a)(2)(B) of Committee rule II if made within
24 hours before such meeting.
(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) of rule XI of the Rules of
the House.
(c) 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.
(d) 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, or for a period of time
designated by the Chairman with concurrence of the
ranking minority member, 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 paragraph.
(e) 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.
(f) 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. Further,
pursuant to clause 2(e)(5) of rule XI of the Rules of the
House, the Committee shall provide audio and video coverage of
each hearing or meeting for the transaction of business in a
manner that allows the public to easily listen to and view the
proceedings. The Committee shall also maintain the recordings
of such coverage in a manner that is easily accessible to the
public.
(g) 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.
(h) Use of Cellular Telephones.--The use of cellular
telephones in the Committee hearing room is prohibited during a
meeting or hearing of the Committee.
(i) Availability of Text of Amendments in Electronic
Form.--Pursuant to clause 2(e) of rule XI of the Rules of the
House, not later than 24 hours after the adoption of any
amendment to a measure or matter considered by the Committee,
the Chairman shall cause the text of the amendment to be made
publicly available in electronic form.
Rule 4.--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, 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 5.--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.
(g) Availability of Record Votes in Electronic Form.--
Pursuant to clause 2(e)(1)(B)(i) of rule XI of the Rules of the
House, the Chairman shall make the result of any record vote
publicly available for inspection at reasonable times in the
offices of the Committee and in electronic form within 48 hours
of such record vote.
Rule 6.--Hearing Procedures
Announcement of Hearing.--
(1) Minimum Notice Period.--Pursuant to clause
2(g)(3) of rule XI of the Rules of the House, the
Chairman shall make a public announcement of the date,
place, and subject matter of a Committee or
subcommittee hearing, which may not commence earlier
than the one week after such notice.
(2) Changes in Hearing Times.--A hearing may commence
sooner than announced if the Chairman, with concurrence
of the ranking minority member, determines there is
good cause to begin the hearing sooner or the Committee
so determines by majority vote, a quorum being present
for the transaction of business. The Chairman shall
make a public announcement of the hearing time change
at the earliest possible opportunity.
(3) Notification of Daily Digest Clerk.--The clerk of
the Committee shall notify the Daily Digest Clerk of
the Congressional Record as soon as possible after a
public announcement of a time change for a Committee or
subcommittee hearing is made under this paragraph.
(b) Written Statement; Oral Testimony.--
(1) Filing of Statement.--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.
(2) Truth in Testimony Information.--Pursuant to
clause 2(g)(5) of rule XI of the Rules of the House, 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.
(3) Availability of Information in Electronic Form.--
Statements filed under this paragraph, with appropriate
redaction to protect the privacy of the witness, shall
be made publicly available in electronic form not later
than one day after the witness appears.
(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
subparagraph.
(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 7.--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.--Not later than the 30th day after
June 1 and December 1, the Committee shall submit to
the House a semiannual report on the activities of the
Committee.
(2) Contents.--The report shall include--
(A) separate sections summarizing the
legislative and oversight activities of the
Committee under rules X and XI of the Rules of
the House during the applicable period;
(B) in the case of the first such report, a
summary of the oversight plans submitted by the
Committee under clause 2(d) of rule X of the
Rules of the House;
(C) a summary of the actions taken and
recommendations made with respect to the
oversight plans specified in subdivision (B);
(D) a summary of any additional oversight
activities undertaken by the Committee and any
recommendations made or actions taken thereon;
and
(E) a delineation of any hearings held
pursuant to clauses 2(n), (o), or (p) of rule
XI of the rules of the House.
(3) Second and Fourth Reports.--After an adjournment
sine die of a regular session of a Congress, or after
December 15, whichever occurs first, the Chairman may
file the second or fourth semiannual report described
in subparagraph (1) with the Clerk of the House 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.
(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 Transportation and Infrastructure
(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 8.--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 (30 Members: 17 Majority
and 13 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 (18 Members: 10
Majority and 8 Minority).
(4) Subcommittee on Highways and Transit (43 Members:
24 Majority and 19 Minority).
(5) Subcommittee on Railroads, Pipelines, and
Hazardous Materials (32 Members: 18 Majority and 14
Minority).
(6) Subcommittee on Water Resources and Environment
(34 Members: 19 Majority and 15 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 9.--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 10.--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 11.--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 12.--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 plan 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 13.--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 14.--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 15.--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 16.--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 17.--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.
(d) Reports by Members and Staff.--Within 15 legislative
days from the conclusion of any hearing, investigation, study,
meeting, or conference for which travel has been authorized
pursuant to this rule, each member and 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.
(e) 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
JEFF MILLER, Florida, Chairman
BOB FILNER, California, CLIFF STEARNS, Florida
Ranking Member DOUG LAMBORN, Colorado
CORRINE BROWN, Florida GUS M. BILIRAKIS, Florida,
SILVESTRE REYES, Texas Vice Chairman
MICHAEL H. MICHAUD, Maine DAVID P. ROE, Tennessee
LINDA T. SANCHEZ, California MARLIN A. STUTZMAN, Indiana
BRUCE L. BRALEY, Iowa BILL FLORES, Texas
JERRY McNERNEY, California BILL JOHNSON, Ohio
JOE DONNELLY, Indiana JEFF DENHAM, California
TIMOTHY J. WALZ, Minnesota JON RUNYAN, New Jersey
JOHN BARROW, Georgia DAN BENISHEK, Michigan
RUSS CARNAHAN, Missouri ANN MARIE BUERKLE, New York
TIM HUELSKAMP, Kansas
(Adopted January 26, 2011)
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.
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 House Rule XI.
(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.
(h) Notice Requirements.--The text of all bills or
resolutions for markup shall be made available to both majority
and minority staff at least 48 hours prior to a scheduled
markup, except as agreed to by unanimous consent. All primary
amendments must be submitted to both majority and minority
staff no less than 24 hours prior to a scheduled markup, except
as agreed to by unanimous consent.
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 the Veterans Health
Administration (VHA) including medical
services, medical support and compliance,
medical facilities, medical and prosthetic
research, and major and minor construction.
(D) Subcommittee on Oversight and
Investigations, which shall have oversight and
investigative jurisdiction over veterans'
matters generally, information technology,
procurement, 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 have
legislative jurisdiction over such bills or
resolutions as may be referred to it by the
Chairman of the full Committee. Provided,
however, that the activities of the
Subcommittee shall in no way limit the
responsibility of the other subcommittees of
the Committee on Veterans' Affairs for carrying
out their oversight duties.
(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) Referrals 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.
Rule 9.--Travel
(a) Requirements for Travel.--All requests for travel,
funded by the Committee, for Members and staff in connection
with activities or subject matters under the general
jurisdiction of the Committee, shall be submitted to the Chair
for approval or disapproval. All travel requests should be
submitted to the Chair at least five working days in advance of
the proposed travel. For all travel funded by any other source,
notice shall be given to the Chair at least five working days
in advance of the proposed travel. All travel requests shall be
submitted to the Chair in writing and include the following:
(1) The purpose of the travel.
(2) The dates during which the travel is to occur.
(3) The names of the locations to be visited and the
length of time to be spent in each.
(4) The names of members and staff of the Committee
for whom the authorization is sought. Travel by the
minority shall be submitted to the Chair via the
Ranking Member.
(b) Trip Reports.--Members and staff shall make a written
report to the Chair within 15 working days on all travel
approved under this subsection. Reports shall include a
description of their itinerary, expenses, and activities, and
pertinent information gained as a result of such travel.
When travel involves majority and minority Members or
staff, the majority shall submit the report to the Chair on
behalf of the majority and minority. The minority may append
additional remarks to the report at their discretion.
(c) Applicability of House Rules.--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.
Committee on Ways and Means
DAVE CAMP, Michigan, Chairman
SANDER LEVIN, Michigan, WALLY HERGER, California
Ranking Member SAM JOHNSON, Texas
CHARLES B. RANGEL, New York KEVIN BRADY, Texas
FORTNEY PETE STARK, California PAUL RYAN, Wisconsin
JIM McDERMOTT, Washington DEVIN NUNES, California
JOHN LEWIS, Georgia PAT TIBERI, Ohio
RICHARD E. NEAL, Massachusetts GEOFF DAVIS, Kentucky
XAVIER BECERRA, California DAVE G. REICHERT, Washington
LLOYD DOGGETT, Texas CHARLES W. BOUSTANY, Jr.,
MIKE THOMPSON, California Louisiana
JOHN B. LARSON, Connecticut PETER J. ROSKAM, Illinois
EARL BLUMENAUER, Oregon JIM GERLACH, Pennsylvania
RON KIND, Wisconsin TOM PRICE, Georgia
BILL PASCRELL, Jr., New Jersey VERN BUCHANAN, Florida
SHELLEY BERKLEY, Nevada ADRIAN SMITH, Nebraska
JOSEPH CROWLEY, New York AARON SCHOCK, Illinois
LYNN JENKINS, Kansas
ERIK PAULSEN, Minnesota
KENNY MARCHANT, Texas
RICK BERG, North Dakota
DIANE BLACK, Tennessee
TOM REED, New York
(Adopted January 18, 2011)
A. GENERAL
Rule 1.--Application of House Rules
The rules of the House are the rules of the Committee on
Ways and Means and its subcommittees so far as applicable,
except that a motion to recess from day to day, and a motion to
dispense with the first reading (in full) of a bill or
resolution, if printed copies are available, is a non-debatable
motion of high privilege in the Committee.
Each subcommittee of the Committee is part of the Committee
and is subject to the authority and direction of the Committee
and to its rules so far as applicable. Written rules adopted by
the Committee, not inconsistent with the Rules of the House,
shall be binding on each subcommittee of the Committee.
The provisions of rule XI of the Rules of the House are
incorporated by reference as the rules of the Committee to the
extent applicable.
Rule 2.--Meeting Date and Quorums
The regular meeting day of the Committee on Ways and Means
shall be on the second Wednesday of each month while the House
is in session. However, the Committee shall not meet on the
regularly scheduled meeting day if there is no business to be
considered.
A majority of the Committee constitutes a quorum for
business; provided however, that two Members shall constitute a
quorum at any regularly scheduled hearing called for the
purpose of taking testimony and receiving evidence. In
establishing a quorum for purposes of a public hearing, every
effort shall be made to secure the presence of at least one
Member each from the majority and the minority.
The Chairman of the Committee may call and convene, as he
considers necessary, additional meetings of the Committee for
the consideration of any bill or resolution pending before the
Committee or for the conduct of other Committee business. The
Committee shall meet pursuant to the call of the Chair.
Rule 3.--Committee Budget
For each Congress, the Chairman, in consultation with the
Majority Members of the Committee, shall prepare a preliminary
budget. Such budget shall include necessary amounts for staff
personnel, travel, investigation, and other expenses of the
Committee. After consultation with the Minority Members, the
Chairman shall include an amount budgeted by Minority Members
for staff under their direction and supervision.
Thereafter, the Chairman shall combine such proposals into
a consolidated Committee budget, and shall present the same to
the Committee for its approval or other action. The Chairman
shall take whatever action is necessary to have the budget as
finally approved by the Committee duly authorized by the House.
After said budget shall have been adopted, no substantial
change shall be made in such budget unless approved by the
Committee.
Rule 4.--Publication of Committee Documents
Any Committee or subcommittee print, document, or similar
material prepared for public distribution shall either be
approved by the Committee or subcommittee prior to distribution
and opportunity afforded for the inclusion of supplemental,
minority or additional views, or such document shall contain on
its cover the following disclaimer:
Prepared for the use of Members of the Committee on
Ways and Means by members of its staff. This document
has not been officially approved by the Committee and
may not reflect the views of its Members.
Any such print, document, or other material not officially
approved by the Committee or subcommittee shall not include the
names of its Members, other than the name of the full Committee
Chairman or subcommittee Chairman under whose authority the
document is released. Any such document shall be made available
to the full Committee Chairman and Ranking Minority Member not
less than 3 calendar days (excluding Saturdays, Sundays, and
legal holidays) prior to its public release.
The requirements of this rule shall apply only to the
publication of policy-oriented, analytical documents, and not
to the publication of public hearings, legislative documents,
documents which are administrative in nature or reports which
are required to be submitted to the Committee under public law.
The appropriate characterization of a document subject to this
rule shall be determined after consultation with the Minority.
Rule 5.--Official Travel
Consistent with the primary expense resolution and such
additional expense resolution as may have been approved, the
provisions of this rule shall govern official travel of
Committee Members and Committee staff. Official travel to be
reimbursed from funds set aside for the full Committee for any
Member or any Committee staff member shall be paid only upon
the prior authorization of the Chairman. Official travel may be
authorized by the Chairman for any Member and any Committee
staff member in connection with the attendance of hearings
conducted by the Committee, its subcommittees, or any other
Committee or subcommittee of the Congress on matters relevant
to the general jurisdiction of the Committee, and meetings,
conferences, facility inspections, and investigations which
involve activities or subject matter relevant to the general
jurisdiction of the Committee. Before such authorization is
given, there shall be submitted to the Chairman in writing the
following:
(1) The purpose of the official travel;
(2) The dates during which the official travel is to
be made and the date or dates of the event for which
the official travel is being made;
(3) The location of the event for which the official
travel is to be made; and
(4) The names of the Members and Committee staff
seeking authorization.
In the case of official travel of Members and staff of a
Subcommittee to hearings, meetings, conferences, facility
inspections and investigations involving activities or subject
matter under the jurisdiction of such subcommittee, prior
authorization must be obtained from the subcommittee Chairman
and the full Committee Chairman. Such prior authorization shall
be given by the full Committee Chairman only upon the
representation by the applicable Subcommittee Chairman in
writing setting forth those items enumerated above.
Within 60 days of the conclusion of any official travel
authorized under this rule, there shall be submitted to the
full Committee Chairman a written report covering the
information gained as a result of the hearing, meeting,
conference, facility inspection or investigation attended
pursuant to such official travel.
Rule 6.--Availability of Committee Records and Publications
The records of the Committee at the National Archives and
Records Administration shall be made available for public use
in accordance with rule VII of the Rules of the House of
Representatives. The Chairman shall notify the Ranking Minority
Member of any decision, pursuant to clause 3(b)(3) or clause
4(b) of rule VII, to withhold a record otherwise available, and
the matter shall be presented to the Committee for a
determination on the written request of any Member of the
Committee. The Committee shall, to the maximum extent feasible,
make its publications available in electronic form.
Rule 7.--Committee Website
The Chairman shall maintain an official Committee website
for the purpose of furthering the Committee's legislative and
oversight responsibilities, including communicating information
about the Committee's activities to Committee members and other
members of the House. The ranking minority member may maintain
a similar website for the same purpose, including communicating
information about the activities of the minority to Committee
members and other members of the House.
B. SUBCOMMITTEES
Rule 8.--Subcommittee Ratios and Jurisdiction
All matters referred to the Committee on Ways and Means
involving revenue measures, except those revenue measures
referred to Subcommittees under paragraphs 1, 2, 3, 4, 5 or 6
shall be considered by the full Committee and not in
Subcommittee. There shall be six standing Subcommittees as
follows: a Subcommittee on Trade; a Subcommittee on Oversight;
a Subcommittee on Health; a Subcommittee on Social Security; a
Subcommittee on Human Resources; and a Subcommittee on Select
Revenue Measures. The ratio of Republicans to Democrats on any
Subcommittee of the Committee shall be consistent with the
ratio of Republicans to Democrats on the full Committee.
(1) The Subcommittee on Trade shall consist of 14
Members, 9 of whom shall be Republicans and 5 of whom
shall be Democrats.
The jurisdiction of the Subcommittee on Trade shall include
bills and matters referred to the Committee on Ways and Means
that relate to customs and customs administration including
tariff and import fee structure, classification, valuation of
and special rules applying to imports, and special tariff
provisions and procedures which relate to customs operation
affecting exports and imports; import trade matters, including
import impact, industry relief from injurious imports,
adjustment assistance and programs to encourage competitive
responses to imports, unfair import practices including
antidumping and countervailing duty provisions, and import
policy which relates to dependence on foreign sources of
supply; commodity agreements and reciprocal trade agreements
involving multilateral and bilateral trade negotiations and
implementation of agreements involving tariff and non-tariff
trade barriers to and distortions of international trade;
international rules, organizations and institutional aspects of
international trade agreements; budget authorizations for the
customs revenue functions of the Department of Homeland
Security, the U.S. International Trade Commission, and the U.S.
Trade Representative; and special trade-related problems
involving market access, competitive conditions of specific
industries, export policy and promotion, access to materials in
short supply, bilateral trade relations including trade with
developing countries, operations of multinational corporations,
and trade with non-market economies.
(2) The Subcommittee on Oversight shall consist of 11
Members, 7 of whom shall be Republicans and 4 of whom
shall be Democrats.
The jurisdiction of the Subcommittee on Oversight shall
include all matters within the scope of the full Committee's
jurisdiction but shall be limited to existing law. Said
oversight jurisdiction shall not be exclusive but shall be
concurrent with that of the other Subcommittees. With respect
to matters involving the Internal Revenue Code and other
revenue issues, said concurrent jurisdiction shall be shared
with the full Committee. Before undertaking any investigation
or hearing, the Chairman of the Subcommittee on Oversight shall
confer with the Chairman of the full Committee and the Chairman
of any other subcommittee having jurisdiction.
(3) The Subcommittee on Health shall consist of 14
Members, 9 of whom shall be Republicans and 5 of whom
shall be Democrats.
The jurisdiction of the Subcommittee on Health shall
include bills and matters referred to the Committee on Ways and
Means that relate to programs providing payments (from any
source) for health care, health delivery systems, or health
research. More specifically, the jurisdiction of the
Subcommittee on Health shall include bills and matters that
relate to the health care programs of the Social Security Act
(including titles V, XI (Part B), XVIII, and XIX thereof) and,
concurrent with the full Committee, tax credit and deduction
provisions of the Internal Revenue Code dealing with health
insurance premiums and health care costs.
(4) The Subcommittee on Social Security shall consist
of 11 Members, 7 of whom shall be Republicans and 4 of
whom shall be Democrats.
The jurisdiction of the Subcommittee on Social Security
shall include bills and matters referred to the Committee on
Ways and Means that relate to the Federal Old Age, Survivors'
and Disability Insurance System, the Railroad Retirement
System, and employment taxes and trust fund operations relating
to those systems. More specifically, the jurisdiction of the
Subcommittee on Social Security shall include bills and matters
involving title II of the Social Security Act and Chapter 22 of
the Internal Revenue Code (the Railroad Retirement Tax Act), as
well as provisions in title VII and title XI of the Act
relating to procedure and administration involving the Old Age,
Survivors' and Disability Insurance System.
(5) The Subcommittee on Human Resources shall consist
of 11 Members, 7 of whom shall be Republicans and 4 of
whom shall be Democrats.
The jurisdiction of the Subcommittee on Human Resources
shall include bills and matters referred to the Committee on
Ways and Means that relate to the public assistance provisions
of the Social Security Act, including temporary assistance for
needy families, child care, child and family services, child
support, foster care, adoption, supplemental security income,
social services, eligibility of welfare recipients for food
stamps, and low-income energy assistance. More specifically,
the jurisdiction of the Subcommittee on Human Resources shall
include bills and matters relating to titles I, IV, VI, X, XIV,
XVI, XVII, XX and related provisions of titles VII and XI of
the Social Security Act.
The jurisdiction of the Subcommittee on Human Resources
shall also include bills and matters referred to the Committee
on Ways and Means that relate to the Federal-State system of
unemployment compensation, and the financing thereof, including
the programs for extended and emergency benefits. More
specifically, the jurisdiction of the Subcommittee on Human
Resources shall also include all bills and matters pertaining
to the programs of unemployment compensation under titles III,
IX and XII of the Social Security Act, Chapters 23 and 23A of
the Internal Revenue Code, and the Federal-State Extended
Unemployment Compensation Act of 1970, and provisions relating
thereto.
(6) The Subcommittee on Select Revenue Measures shall
consist of 11 Members, 7 of whom shall be Republicans
and 4 of whom shall be Democrats.
The jurisdiction of the Subcommittee on Select Revenue
Measures shall consist of those revenue measures that, from
time to time, shall be referred to it specifically by the
Chairman of the full Committee.
Rule 9.--Ex-Officio Members of Subcommittees
The Chairman of the full Committee and the Ranking Minority
Member may sit as ex-officio Members of all subcommittees. They
may be counted for purposes of assisting in the establishment
of a quorum for a subcommittee. However, their absence shall
not count against the establishment of a quorum by the regular
Members of the subcommittee. Ex-officio Members shall neither
vote in the subcommittee nor be taken into consideration for
the purposes of determining the ratio of the subcommittee.
Rule 10.--Subcommittee Meetings
Insofar as practicable, meetings of the full Committee and
its subcommittees shall not conflict. Subcommittee Chairmen
shall set meeting dates after consultation with the Chairman of
the full Committee and other Subcommittee Chairmen with a view
towards avoiding, wherever possible, simultaneous scheduling of
full Committee and subcommittee meetings or hearings.
Rule 11.--Reference of Legislation and Subcommittee Reports
Except for bills or measures retained by the Chairman of
the full Committee for full Committee consideration, every bill
or other measure referred to the Committee shall be referred by
the Chairman of the full Committee to the appropriate
Subcommittee in a timely manner. A subcommittee shall, within
three legislative days of the referral, acknowledge same to the
full Committee.
After a measure has been pending in a Subcommittee for a
reasonable period of time, the Chairman of the full Committee
may make a request in writing to the subcommittee that the
subcommittee forthwith report the measure to the full Committee
with its recommendations. If within seven legislative days
after the Chairman's written request, the Subcommittee has not
so reported the measure, then there shall be in order in the
full Committee a motion to discharge the Subcommittee from
further consideration of the measure. If such motion is
approved by a majority vote of the full Committee, the measure
may thereafter be considered only by the full Committee.
No measure reported by a subcommittee shall be considered
by the full Committee unless it has been presented to all
Members of the full Committee at least two legislative days
prior to the full Committee's meeting, together with a
comparison with present law, a section-by-section analysis of
the proposed change, a section-by-section justification, and a
draft statement of the budget effects of the measure that is
consistent with the requirements for reported measures under
clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives.
Rule 12.--Recommendation for Appointment of Conferees
Whenever in the legislative process it becomes necessary to
appoint conferees, the Chairman of the full Committee shall
recommend to the Speaker as conferees the names of those
Committee Members as the Chairman may designate. In making
recommendations of Minority Members as conferees, the Chairman
shall consult with the Ranking Minority Member of the
Committee.
C. HEARINGS
Rule 13.--Witnesses
In order to assure the most productive use of the limited
time available to question hearing witnesses, a witness who is
scheduled to appear before the full Committee or a subcommittee
shall file with the Clerk of the Committee at least 48 hours in
advance of his or her appearance a written statement of their
proposed testimony. In addition, all witnesses shall comply
with formatting requirements as specified by the Committee and
the Rules of the House. Failure to comply with the 48-hour rule
may result in a witness being denied the opportunity to testify
in person. Failure to comply with the formatting requirements
may result in a witness' statement being rejected for inclusion
in the published hearing record. In addition to the
requirements of clause 2(g)(4) of rule XI of the Rules of the
House regarding information required of public witnesses, a
witness shall limit his or her oral presentation to a summary
of their position and shall provide sufficient copies of their
written statement to the Clerk for distribution to Members,
staff and news media.
A witness appearing at a public hearing, or submitting a
statement for the record of a public hearing, or submitting
written comments in response to a published request for
comments by the Committee must include in their statement or
submission, a list of all clients, persons or organizations on
whose behalf the witness appears. Oral testimony and statements
for the record, or written comments in response to a request
for comments by the Committee, will be accepted only from
citizens of the United States or corporations or associations
organized under the laws of one of the 50 States of the United
States or the District of Columbia, unless otherwise directed
by the Chairman of the full Committee or Subcommittee involved.
Written statements from non-citizens may be considered for
acceptance in the record if transmitted to the Committee in
writing by Members of Congress.
Rule 14.--Questioning of Witnesses
Committee Members may question witnesses only when
recognized by the Chairman for that purpose. All Members shall
be limited to five minutes on the initial round of questioning.
In questioning witnesses under the five minute rule, the
Chairman and the Ranking Minority Member shall be recognized
first, after which Members who are in attendance at the
beginning of a hearing will be recognized in the order of their
seniority on the Committee. Other Members shall be recognized
in the order of their appearance at the hearing. In recognizing
Members to question witnesses, the Chairman may take into
consideration the ratio of Majority Members to Minority Members
and the number of Majority and Minority Members present and
shall apportion the recognition for questioning in such a
manner as not to disadvantage Members of the majority.
Rule 15.--Subpoena Power
The power to authorize and issue subpoenas is delegated to
the Chairman of the full Committee, as provided for under
clause 2(m)(3)(A)(i) of rule XI of the Rules of the House of
Representatives.
Rule 16.--Records of Hearings
An accurate stenographic record shall be kept of all
testimony taken at a public hearing. The staff shall transmit
to a witness the transcript of his or her testimony for
correction and immediate return to the Committee offices. Only
changes in the interest of clarity, accuracy and corrections in
transcribing errors will be permitted. Changes that
substantially alter the actual testimony will not be permitted.
Members shall have the opportunity to correct their own remarks
before publication. The Chairman of the full Committee may
order the printing of a hearing without the corrections of a
witness or Member if he determines that a reasonable time has
been afforded to make corrections and that further delay would
impede the consideration of the legislation or other measure
that is the subject of the hearing.
Rule 17.--Broadcasting of Hearings
The provisions of clause 4(f) of rule XI of the Rules of
the House of Representatives are specifically made a part of
these rules by reference. In addition, the following policy
shall apply to media coverage of any meeting of the full
Committee or a Subcommittee:
(1) An appropriate area of the Committee's hearing
room will be designated for members of the media and
their equipment.
(2) No interviews will be allowed in the Committee
room while the Committee is in session. Individual
interviews must take place before the gavel falls for
the convening of a meeting or after the gavel falls for
adjournment.
(3) Day-to-day notification of the next day's
electronic coverage shall be provided by the media to
the Chairman of the full Committee through an
appropriate designee.
(4) Still photography during a Committee meeting will
not be permitted to disrupt the proceedings or block
the vision of Committee Members or witnesses.
(5) Further conditions may be specified by the
Chairman.
D. MARKUPS
Rule 18.--Previous Question
The Chairman shall not recognize a Member for the purpose
of moving the previous question unless the Member has first
advised the Chair and the Committee that this is the purpose
for which recognition is being sought.
Rule 19.--Postponement of Proceedings
The Chairman may postpone further proceedings when a record
vote is ordered on the question of approving any measure or
matter or adopting an amendment.
The Chairman may resume proceedings on a postponed request
at any time. In exercising postponement authority the Chairman
shall take reasonable steps to notify Members on the resumption
of proceedings on any postponed record vote.
When proceedings resume on a postponed question,
notwithstanding any intervening order for the previous
question, an underlying proposition shall remain subject to
further debate or amendment to the same extent as when the
question was postponed.
Rule 20.--Motion to Go to Conference
The Chairman is authorized to offer a motion under clause 1
of rule XXII of the Rules of the House of Representatives
whenever the Chairman considers it appropriate.
Rule 21.--Official Transcript 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.
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PART II--PERMANENT SELECT COMMITTEE OF THE HOUSE
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Permanent Select Committee on Intelligence
MIKE ROGERS, Michigan, Chairman
C.A. DUTCH RUPPERSBERGER, MAC THORNBERRY, Texas
Maryland, Ranking Member SUE MYRICK, North Carolina
MIKE THOMPSON, California JEFF MILLER, Florida
JAN SCHAKOWSKY, Illinois MIKE CONAWAY, Texas
JIM LANGEVIN, Rhode Island PETER KING, New York
ADAM SCHIFF, California FRANK LoBIONDO, New Jersey
DAN BOREN, Oklahoma DEVIN NUNES, California
LUIS GUTIERREZ, Illinois LYNN WESTMORELAND, Georgia
BEN CHANDLER, Kentucky MICHELE BACHMANN, Minnesota
THOMAS J. ROONEY, Florida
JOE HECK, Nevada
(Adopted February 9, 2011)
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 Thursday of each month, unless
otherwise directed by the Chair.
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, place, and subject matter of the
meeting, and shall be made consistent with the provisions of
clause 2(g)(3) of House rule XI.
(b) Hearings.--Except as provided in subsection (d), a
Committee hearing may not commence earlier than one week after
such notice.
(c) Business Meetings.--Except as provided in subsection
(d), a Committee business meeting may not commence earlier than
the third day on which Members have notice thereof.
(d) Exception.--A hearing or business meeting may begin
sooner than otherwise specified in either of the following
circumstances (in which case the Chair shall provide the notice
at the earliest possible time):
(1) the Chair, with the concurrence of the Ranking
Minority Member, determines there is good cause; or
(2) 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.
(e) Definition.--For purposes of this rule, ``notice''
means:
(1) Written notification; or
(2) Notification delivered by facsimile transmission,
regular mail, or electronic mail.
Rule 3.--Preparations for Committee Meetings
(a) Generally.--Designated Committee Staff, as directed by
the Chair, 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
Chair 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 House rule XI, 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 clause 11(d)(2) of House rule X, 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.--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 Record 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 Chair 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 Chair 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.
(d) Availability of Record Votes on Committee Website.--In
addition to any other requirement of the Rules of the House,
the Chair shall make the record votes on any measure or matter
on which a record vote is taken, other than a motion to close a
Committee hearing, briefing, or meeting, available on the
Committee's website not later than 2 business days after such
vote is taken. Such record shall include an unclassified
description of the amendment, motion, order, or other
proposition, the name of each member voting in favor of, and
each member voting in opposition to, such amendment, motion,
order, or proposition, and the names of those members of the
Committee present but not voting.
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; and,
(3) Subcommittee on Oversight and Investigations.
(c) Subcommittee Membership.--
(1) Generally.--Each member of the Committee may be
assigned to at least one of the subcommittees.
(2) Ex Officio Membership.--In the event that the
Chair 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 Chair 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
Chair 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 Chair, 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 Chair 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 Chair 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
Chair 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 Chair.
(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
Chair, and such ruling shall be the ruling of the
Committee.
(2) Committee Action.--A ruling by the Chair 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 Chair.
(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 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
Chair 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 Chair, in consultation
with the Ranking Minority Member.
(b) Conducting Investigations.--An authorized investigation
may be conducted by members of the Committee or Committee Staff
designated by the Chair, in consultation with the Ranking
Minority Member, to undertake any such investigation.
Rule 10.--Subpoenas
(a) Generally.--All subpoenas shall be authorized by the
Chair 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
Chair 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
Chair of the full Committee, or the Committee, may be signed by
the Chair, or by any member of the Committee designated to do
so by the Committee.
(d) Subpoena Service.--A subpoena authorized by the Chair
of the full Committee, or the Committee, may be served by any
person designated to do so by the Chair.
(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) Chair's Authority.--Except as provided in
paragraph (2), the Committee Staff shall be appointed,
and may be removed, by the Chair and shall work under
the general supervision and direction of the Chair.
(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 Chair that
requirements for the appropriate security
clearances have been met.
(4) Security Requirements.--Notwithstanding paragraph
(2), the Chair 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 Chair 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 of the Committee 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 chair 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; and,
(iii) The chair and ranking minority
member of the Subcommittee on Defense
of the House Committee on
Appropriations and staff of that
subcommittee as designated by the chair
of that subcommittee, or Members of
that subcommittee designated by the
Chair pursuant to clause (g)(1) of
Committee rule 12.
(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 as 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 chair 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 chair 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 Chair may, in consultation with the
Ranking Minority Member, upon the written
request to the Chair 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 Chair
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.
(4) Records of Closed Proceedings.--Any records or
notes taken by any person memorializing material
otherwise prohibited from disclosure by members of the
Committee and Committee staff under these rules,
including information received in executive session and
the substance of any hearing or briefing that was
closed to the public, shall remain Committee material
subject to these rules and may not be publicly
discussed, disclosed, or caused to be publicly
discussed or disclosed, unless authorized by the
Committee consistent with these rules.
(b) Non-Disclosure Agreement.--
(1) Generally.--All Committee Staff must, before
joining the Committee Staff, 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 accordance with the
Rules of the House and these rules.
(c) Exception for Non-Exclusive Materials.--
(1) Non-Exclusive Materials.--Any materials provided
to the Committee by the executive branch, if provided
in whole or in part for the purpose of review by
members who are not members of the Committee, shall be
received or held by the Committee on a non-exclusive
basis. Classified information provided to the Committee
shall be considered to have been provided on an
exclusive basis unless the executive branch provides a
specific, written statement to the contrary.
(2) Access for Non-Committee Members.--In the case of
materials received on a non-exclusive basis, the Chair,
in consultation with the Ranking Minority Member, may
grant non-Committee members access to such materials in
accordance with the requirements of rule 14(f)(4),
notwithstanding paragraphs (1), (2), and (3) of rule
14.
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 Members.--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. Such notification shall state with specificity
the justification for the request and the need for
access.
(2) Committee Consideration.--The Committee shall
consider each such request by non-Committee members at
the earliest practicable opportunity. The Committee
shall determine, by record 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
deems 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) Admission of Designated Members of the Subcommittee on
Defense of the Committee on Appropriations.--Notwithstanding
the provisions of subsection (f), the Chair may admit no more
than three designated Members of the Subcommittee on Defense of
the Committee on Appropriations to classified hearings and
briefings of the Committee involving discussions of classified
material. Such Members may also be granted access to classified
transcripts, records, data, charts or files of the Committee
incident to such attendance.
(1) Designation.--The Chair may designate three
Members of the subcommittee to be eligible for
admission in consultation with the Ranking Minority
Member, of whom not more than two may be from the same
political party. Such designation shall be effective
for the entire Congress.
(2) Admission.--The Chair may determine whether to
admit designated Members at each hearing or briefing of
the Committee involving discussions of classified
material. If the Chair admits any of the designated
Members to a particular hearing or briefing, all three
of the designated Members shall be admitted to that
hearing or briefing. Designated Members shall not be
counted for quorum purposes and shall not have a vote
in any meeting.
(3) Requirements for Access.--Prior to being given
access to classified information pursuant to this
subsection, a designated 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 a designated Member
or authorized Staff of the Subcommittee on
Defense of the Committee on Appropriations,
except as otherwise authorized by the Committee
in accordance with the Rules of the House and
these rules.
(h) 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.
(i) 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.
(j) 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.
(k) Method of Disclosure to the House.--
(1) Should the Committee decide by record 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.
(l) 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.
(m) 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 chair and ranking
minority member of such other committee.
(n) 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.
(o) 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.
(p) 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.
(q) 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 Chair 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 Website
The Chair 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 Chair
is authorized and directed to offer a privileged motion to go
to conference under clause 1 of House rule XXII whenever the
Chair considers it appropriate.
Rule 18.--Committee Travel
(a) Authority.--The Chair 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 Chair.
(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 Chair.
(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 Chair 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 Chair 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 Chair 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 Chair
pursuant to subsection (b).
(e) Reconsideration of Chair's Actions.--A majority of the
members of the full Committee may vote to overturn the decision
of the Chair 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 Chair 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--CONGRESSIONAL JOINT COMMITTEES
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Joint Select Committee on Deficit Reduction
JEB HENSARLING, Representative
from Texas, Co-Chairman
PATTY MURRAY, Senator from
Washington, Co-Chairman
SENATE HOUSE
MAX BAUCUS, Montana DAVE CAMP, Michigan
JOHN KERRY, Massachusetts FRED UPTON, Michigan
Minority Senators Minority Members
JON KYL, Arizona XAVIER BECERRA, California
ROB PORTMAN, Ohio JAMES CLYBURN, South Carolina
PAT TOOMEY, Pennsylvania CHRIS VAN HOLLEN, Maryland
(Adopted September 8, 2011)
Rule I.--In General
(1) The provisions of the Budget Control Act of 2011 (P.L.
112-25) governing the proceedings of the Joint Select Committee
on Deficit Reduction are hereby incorporated by reference and
nothing herein shall be construed as superseding any provision
of that Act.
(2) The rules of the Senate and the House of
Representatives, to the extent that they are applicable to
committees, including rule XXVI of the Standing Rules of the
Senate and clause 2 of rule XI of the Rules of the House of
Representatives for the 112th Congress, and do not conflict
with the applicable provisions of the Budget Control Act, shall
govern the proceedings of the Joint Select Committee.
(3) If a measure or matter is publicly available in
electronic form on the website maintained by the Joint Select
Committee, it shall be considered to have been available to
members of the Joint Select Committee for purposes of these
rules.
(4) In each case where authority is granted to the Co-
Chairs of the Joint Select Committee, such authority may only
be exercised jointly by the Co-Chairs.
Rule II.--Meetings and Hearings
Meetings
(1) The Joint Select Committee shall regularly meet for the
transaction of business at times and dates determined jointly
by the Co-Chairs.
(2)(a) The Co-Chairs shall provide an agenda to the Joint
Select Committee members not less than 48 hours in advance of
any such meeting.
(b) The Co-Chairs shall make the text of any measure or
matter described in a meeting agenda available to the members
of the Joint Select Committee not less than 24 hours in advance
of any such meeting, except that no vote on such measure or
matter shall occur in violation of section 401(b)(5)(D) of the
Budget Control Act of 2011.
Hearings
(3)(a) Consistent with section 401(b)(5)(F)(ii)(I) of the
Budget Control Act of 2011, the Co-Chairs shall make a public
announcement of the date, place, time, and subject matter of
any hearing not less than seven days in advance of such
hearing, unless the Co-Chairs jointly determine that there is
good cause to begin such hearing at an earlier date.
(b) Each witness appearing before the Joint Select
Committee shall file a written statement of testimony at least
two calendar days before the appearance of the witness.
(c) The Co-Chairs shall each control up to 15 minutes each
for the opening statements of Members of the Joint Committee at
each hearing.
Voting and Quorums
(4) Seven members of the Joint Select Committee shall
constitute a quorum for purposes of voting, meeting, and
holding hearings.
(5) The Co-Chairs shall conduct a record vote on any
motion, amendment, measure, or matter upon the request of any
member of the Joint Select Committee.
(6) The Co-Chairs may jointly agree to set a series of
votes on any amendment or agreeing to a measure or matter, or
postpone a requested record vote on such amendment, measure or
matter, to occur at a time certain. Reasonable notice shall be
given to members prior to resuming proceedings on any postponed
question.
(7) The Joint Committee may not vote on any final report,
final recommendations, or a final bill unless the Congressional
Budget Office estimates are available for consideration by all
members of the Joint Committee at least 48 hours prior to the
vote.
(8) No proxy voting shall be allowed on behalf of the
members of the Joint Select Committee.
Rule III.--Staffing and Records
Staff
(1) The staff of the Joint Select Committee shall be
appointed as provided in sections 401(b)(4)(c)(ii) and 401(c)
of the Budget Control Act of 2011.
Records
(2) The Joint Select Committee shall maintain a complete
record of all committee action, including--
(a) in the case of a hearing or meeting 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
(b) the result of each record vote taken by the Joint
Select Committee, including a description of the
amendment, motion, order, or other proposition, the
name of each member voting for and voting against such
amendment, motion, order, or other proposition, and the
names of the members of the Joint Select Committee
present but not voting.
(3) Upon the termination of the Joint Select Committee, the
records of the Joint Select Committee shall be treated as
Senate records under S. Res. 474, 96th Congress as directed by
the Secretary of the Senate.
Rule IV.--Content of Report
In the report required under section 401(b)(3)(B)(i) of the
Budget Control Act of 2011, the Joint Select Committee shall
include--
(a) with respect to each record vote on a motion to
report the Joint Select Committee's recommendations or
accompanying legislative language, and on any amendment
offered to the recommendations or language, the total
number of votes cast for and against, and the names of
members voting for and against;
(b) an estimate by the Congressional Budget Office of
the budgetary effects of the legislation (in the same
manner as the estimate required by section
401(b)(5)(D)(ii) of the Budget Control Act of 2011);
and
(c) a statement on the deficit reduction achieved by
the legislation over the period of fiscal years 2012 to
2021 (in the manner as required by section
401(b)(3)(B)(i)(II) of the Budget Control Act of 2011);
and
(d) a statement by the Joint Select Committee on the
possible effects of the legislation on economic growth,
employment, and United States competitiveness, if
practicable; and
(e) the text of any statute or part thereof that is
proposed to be repealed and a comparative print of any
part of the legislative language proposing to amend a
statute and of the statute or part thereof proposed to
be amended, showing by appropriate typographical
devices the omissions and insertions proposed.
Rule V.--Public Access and Transparency
(1)(a) The Joint Select Committee shall establish and
maintain a publicly available website, and shall make its
publications available in electronic form thereon. Such
publications will include final Committee transcripts and
hearing materials as available.
(b) Not later than 24 hours after the adoption of any
amendment to the report or legislative language, the Co-Chairs
shall make the text of each such amendment publicly available
in electronic form on the Joint Select Committee's website.
(c) Not later than 48 hours after a record vote is
completed, the information described in clause 2(b) of rule III
shall be made publicly available in electronic form on the
Joint Select Committee's website.
(2) Each hearing and meeting of the Joint Select Committee
shall be open to the public and the media unless the Joint
Select Committee, in open session and a quorum being present,
determines by majority vote that such hearing or meeting shall
be held in closed session. No vote on the recommendations,
report or legislative language of the Joint Select Committee,
or amendment thereto, may be taken in closed session.
(3) To the maximum extent practicable, the Joint Select
Committee shall--
(a) provide audio and video coverage of each hearing
or meeting for the transaction of business in a manner
that allows the public to easily listen to and view the
proceedings; and
(b) maintain the recordings of such coverage in a
manner that is easily accessible to the public.
Joint Economic Committee
Senator ROBERT CASEY,
Pennsylvania, Chairman
Representative KEVIN BRADY, Texas,
Vice Chairman
SENATE HOUSE
JEFF BINGAMAN, New Mexico MICHAEL BURGESS, Texas
AMY KLOBUCHAR, Minnesota JOHN CAMPBELL, California
JIM WEBB, Virginia JUSTIN AMASH, Michigan
MARK WARNER, Virginia SEAN P. DUFFY, Wisconsin
BERNIE SANDERS, Vermont MICK MULVANEY, South Carolina
Minority Senators Minority Members
JIM DeMINT, South Carolina MAURICE HINCHEY, New York
DAN COATS, Indiana CAROLYN B. MALONEY, New York
MIKE LEE, Utah ELIJAH CUMMINGS, Maryland
PAT TOOMEY, Pennsylvania LORETTA SANCHEZ, California
(Adopted April 4, 2011)
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 the 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 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
Senator CHARLES SCHUMER, New York,
Chairman
Representative GREGG HARPER,
Mississippi, Vice Chairman
SENATE HOUSE
RICHARD J. DURBIN, Illinois DANIEL LUNGREN, California
PATRICK J. LEAHY, Vermont ANDER CRENSHAW, Florida
Minority Senators Minority Members
LAMAR ALEXANDER, Tennessee ROBERT BRADY, Pennsylvania
THAD COCHRAN, Mississippi ZOE LOFGREN, California
(Adopted June 22, 2011)
Title I.--Meetings 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 nonagenda
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 and 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 in 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
Representative GREGG HARPER,
Mississippi, Chairman
Senator CHARLES SCHUMER, New York,
Vice Chairman
SENATE HOUSE
PATTY MURRAY, Washington DANIEL LUNGREN, California
TOM UDALL, New Mexico AARON SCHOCK, Illinois
Minority Senators Minority Members
LAMAR ALEXANDER, Tennessee ROBERT BRADY, Pennsylvania
SAXBY CHAMBLISS, Georgia CHARLES A. GONZALEZ, Texas
(Adopted June 22, 2011)
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
DAVE CAMP, Representative from
Michigan, Chairman
MAX BAUCUS, Senator from Montana,
Vice Chairman
SENATE HOUSE
JOHN D. ROCKEFELLER IV, West WALLY HERGER, California
Virginia SAM JOHNSON, Texas
KENT CONRAD, North Dakota
Minority Senators Minority Members
CHUCK GRASSLEY, Iowa SANDER M. LEVIN, Michigan
ORRIN G. HATCH, Utah CHARLES B. RANGEL, New York
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
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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
(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.
(16) Cemeteries administered by the Department of
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 the Workforce.
(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 Ethics.
The Code of Official Conduct.
(h) 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.
(i) 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.
(j) 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.
(k) 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.
(l) 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 non-border 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.
(m) 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).
(n) 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.
(o) 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.
(p) Committee on Science, Space, 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.
(q) 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.
(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 service-members 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;
(E) have a view toward insuring against
duplication of Federal programs; and
(F) include proposals to cut or eliminate
programs, including mandatory spending
programs, that are inefficient, duplicative,
outdated, or more appropriately administered by
State or local governments.
(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 the Workforce 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)(1) 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.
(2) In addition, the committee shall review and study on a
primary and continuing basis all Government activities,
programs and organizations related to homeland security that
fall within its primary legislative jurisdiction.
(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, Space, 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.
(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;
(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; and
(iii) shall, unless waived by the deponent, require
the attendance of a member of the committee.
(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) oversee the management of services provided to
the House by the Architect of the Capitol, except those
services that lie within the jurisdiction of the
Committee on Transportation and Infrastructure under
clause 1(r);
(C) 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;
(D) promulgate regulations to carry out subdivision
(C); and
(E) establish and maintain standards for making
documents publicly available in electronic form by the
House and its committees.
(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 chair 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
submission of the budget by the President, 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) A Member, Delegate, or Resident Commissioner may exceed
the limitation of subdivision (B) if elected to serve a second
consecutive Congress as the chair or a second consecutive
Congress as the ranking minority member.
(3)(A) The Committee on Ethics 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 Ethics 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 Ethics may serve on the
committee during a fourth Congress in a period of five
successive Congresses only as either the chair or the ranking
minority member of the committee.
(4)(A) At the beginning of a Congress, the Speaker or a
designee and the Minority Leader or a designee each shall name
10 Members, Delegates, or the Resident Commissioner from the
respective party of such individual who are not members of the
Committee on Ethics 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 chair and the ranking minority member of
the Committee on Ethics 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 the respective party of such individual 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 elected on the basis of nomination by that
caucus or conference. The chair 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 chair
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 chair 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 Ethics 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 chair thereof. In the absence of the member
serving as chair, the member next in rank (and so on, as often
as the case shall happen) shall act as chair. Rank shall be
determined by the order members are named in resolutions
electing them to the committee. In the case of a vacancy in the
elected chair of a committee, the House shall elect another
chair.
(2) Except in the case of the Committee on Rules, a member
of a standing committee may not serve as chair 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, such authorization initially shall be
procured by one primary expense resolution reported by the
Committee on House Administration. A primary expense resolution
may include a reserve fund for unanticipated expenses of
committees. An amount from such a reserve fund may be allocated
to a committee only by the approval of the Committee on House
Administration. A primary 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 the funds to be
provided to the committee, commission, or other entity
under the primary expense resolution for all
anticipated activities and programs of the committee,
commission, or other entity; and
(2) to the extent practicable, contain such general
statements regarding the estimated foreseeable
expenditures for the respective anticipated activities
and programs of the committee, commission, or other
entity as may be appropriate to provide the House with
basic estimates of the expenditures contemplated by the
primary expense resolution.
(b) After the date of adoption by the House of a primary
expense resolution for a committee, commission, or other entity
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 chair 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 chair 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 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 clause 6, 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 the
expenses of such individual 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) incurred during that
day.
(3) Each member or employee of a committee shall make
to the chair 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 chair 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 the
expenses of such individual 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) 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 chair 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 Ethics 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 chair 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 chair 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(k)(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 assigned. The chair 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 chair 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 20 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
respective leadership staff member to assist in the capacity of
the Speaker or Minority Leader 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 chair 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 chair 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 Ethics and of the select committee
concerning the security of classified information
during and after the period of the employment or
contractual agreement of such employee or person 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 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 the President objects to the disclosure
of such information, provides 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 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 chair 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 chair 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 chair 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 Ethics 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
Ethics 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 Ethics 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(k)(1) of
rule X.
(d)(1) Not later than the 30th day after June 1 and
December 1, a committee shall submit to the House a semiannual
report on the activities of that committee.
(2) Such report shall include--
(A) separate sections summarizing the legislative and
oversight activities of that committee under this rule
and rule X during the applicable period;
(B) in the case of the first such report, a summary
of the oversight plans submitted by the committee under
clause 2(d) of rule X;
(C) a summary of the actions taken and
recommendations made with respect to the oversight
plans specified in subdivision (B);
(D) a summary of any additional oversight activities
undertaken by that committee and any recommendations
made or actions taken thereon; and
(E) a delineation of any hearings held pursuant to
clauses 2(n), (o), or (p) of this rule.
(3) After an adjournment sine die of a regular session of a
Congress, or after December 15, whichever occurs first, the
chair of a committee may file the second or fourth semiannual
report described in 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 make its rules publicly available
in electronic form and submit such rules for publication in the
Congressional Record not later than 30 days after the chair of
the committee is elected in each odd-numbered year.
(3) A committee may adopt a rule providing that the chair
be directed to offer a motion under clause 1 of rule XXII
whenever the chair 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 chair of each standing committee may call and
convene, as the chair 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 chair.
(2) Three or more members of a standing committee may file
in the offices of the committee a written request that the
chair 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 chair of the filing of the request.
If the chair 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 CHAIR
(d) A member of the majority party on each standing
committee or subcommittee thereof shall be designated by the
chair of the full committee as the vice chair of the committee
or subcommittee, as the case may be, and shall preside during
the absence of the chair from any meeting. If the chair and
vice chair 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 and also made
publicly available in electronic form within 48 hours
of such record vote. Information so available 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 Ethics 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 chair. 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 Ethics, 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.
(5) To the maximum extent practicable, each committee
shall--
(A) provide audio and video coverage of each hearing
or meeting for the transaction of business in a manner
that allows the public to easily listen to and view the
proceedings; and
(B) maintain the recordings of such coverage in a
manner that is easily accessible to the public.
(6) Not later than 24 hours after the adoption of any
amendment to a measure or matter considered by a committee, the
chair of such committee shall cause the text of each such
amendment to be made publicly available in electronic form.
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 Ethics 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 Ethics 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 Ethics
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)(A) The chair of a committee shall announce the date,
place, and subject matter of--
(i) a committee hearing, which may not commence
earlier than one week after such notice; or
(ii) a committee meeting, which may not commence
earlier than the third day on which members have notice
thereof.
(B) A hearing or meeting may begin sooner than specified in
subdivision (A) in either of the following circumstances (in
which case the chair shall make the announcement specified in
subdivision (A) at the earliest possible time):
(i) the chair of the committee, with the concurrence
of the ranking minority member, determines that there
is good cause; or
(ii) 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.
(C) An announcement made under this subparagraph shall be
published promptly in the Daily Digest and made publicly
available in electronic form.
(D) This subparagraph and subparagraph (4) shall not apply
to the Committee on Rules.
(4) At least 24 hours prior to the commencement of a
meeting for the markup of legislation, or at the time of an
announcement under subparagraph (3)(B) made within 24 hours
before such meeting, the chair of the committee shall cause the
text of such legislation to be made publicly available in
electronic form.
(5) 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. Such statements, with appropriate
redactions to protect the privacy of the witness, shall be made
publicly available in electronic form not later than one day
after the witness appears.
(6)(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.
(7) 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
chair 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 chair 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 chair 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 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) 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 chair 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 the testimony
of such witness 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 chair of the committee, or a member designated by
the chair, 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 chair of the
committee under such rules and under such limitations as the
committee may prescribe. Authorized subpoenas shall be signed
by the chair of the committee or by a member designated by the
committee.
(ii) In the case of a subcommittee of the Committee on
Ethics, 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.
(n)(1) Each standing committee, or a subcommittee thereof,
shall hold at least one hearing during each 120-day period
following the establishment of the committee on the topic of
waste, fraud, abuse, or mismanagement in Government programs
which that committee may authorize.
(2) A hearing described in subparagraph (1) shall include a
focus on the most egregious instances of waste, fraud, abuse,
or mismanagement as documented by any report the committee has
received from a Federal Office of the Inspector General or the
committee thereof, shall hold at least one hearing in any
session in which the committee has received disclaimers of
agency financial statements from auditors of any Federal agency
that the committee may authorize to hear testimony on such
disclaimers from representatives of any such agency.
(p) Each standing committee, or a subcommittee thereof,
shall hold at least one hearing on issues raised by reports
issued by the Comptroller General of the United States
indicating that Federal programs or operations that the
committee may authorize are at high risk for waste, fraud, and
mismanagement, known as the ``high-risk list'' or the ``high-
risk series.''
COMMITTEE ON ETHICS
3. (a) The Committee on Ethics 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 the duties or the discharge of the
responsibilities of such individual. 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 the duties or the
discharge of the responsibilities of such individual
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 Ethics 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 chair and ranking minority member jointly
may appoint members to serve as an investigative subcommittee.
(ii) The chair 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;
(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 such Member,
Delegate, or Resident Commissioner believes the
information is submitted in good faith and warrants the
review and consideration of the committee; or
(C) upon receipt of a report regarding a referral
from the board of the Office of Congressional Ethics.
If a complaint is not disposed of within the applicable periods
set forth in the rules of the Committee on Ethics, the chair
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 chair
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 seek disqualification
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 chair 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.
(8)(A) Except as provided by subdivisions (B), (C), and
(D), not later than 45 calendar days or 5 legislative days,
whichever is later, after receipt of a written report and any
findings and supporting documentation regarding a referral from
the board of the Office of Congressional Ethics or of a
referral of the matter from the board pursuant to a request
under paragraph (r), the chair of the Committee on Ethics shall
make public the written report and findings of the board unless
the chair and ranking member, acting jointly, decide or the
committee votes to withhold such information for not more than
one additional period of the same duration, in which case the
chair shall--
(i) upon the termination of such additional period,
make public the written report and findings; and
(ii) upon the day of such decision or vote, make a
public statement that the committee has voted to extend
the matter relating to the referral made by the board
of the Office of Congressional Ethics regarding the
Member, officer, or employee of the House who is the
subject of the applicable referral.
At least one calendar day before the committee makes public
any written report and findings of the board, the chair shall
notify such board and the applicable Member, officer, or
employee of that fact and transmit to such individual a copy of
the statement on the committee's disposition of, and any
committee report on, the matter.
(B)(i) Notwithstanding subdivision (A)(i), if the committee
votes to dismiss a matter which is the subject of a referral
from the board of the Office of Congressional Ethics, the
committee is not required to make public the written report and
findings described in such subdivision unless the committee's
vote is inconsistent with the recommendation of the board. For
purposes of the previous sentence, a vote by the committee to
dismiss a matter is not inconsistent with a report from the
board respecting the matter as unresolved due to a tie vote.
(ii) Notwithstanding subdivision (A)(ii), if the board
transmits a report respecting any matter with a recommendation
to dismiss or as unresolved due to a tie vote, and the
committee votes to extend the matter for an additional period
as provided in subdivision (A), the committee is not required
to make a public statement that the committee has voted to
extend the matter.
(iii) Except as provided by subdivision (E), if the
committee establishes an investigative subcommittee respecting
any such matter, then the report and findings of the board
shall not be made public until the conclusion of the
investigative subcommittee process and the committee shall
issue a public statement of the establishment of an
investigative subcommittee, which statement shall include the
name of the applicable Member, officer, or employee, and shall
set forth the alleged violation. If any such investigative
subcommittee does not conclude its review within one year after
the board transmits a report respecting any matter, then the
committee shall make public the report and upon the expiration
of the Congress in which the report is made public, the
committee shall make public any findings.
(C)(i) If, after receipt of a written report and any
findings and supporting documentation regarding a referral from
the board of the Office of Congressional Ethics or of a
referral of the matter from the board pursuant to a request
under paragraph (r), the committee agrees to a request from an
appropriate law enforcement or regulatory authority to defer
taking action on the matter--
(I) notwithstanding subdivision (A)(i), the committee
is not required to make public the written report and
findings described in such subdivision, except that if
the recommendation of the board with respect to the
report is that the matter requires further review, the
committee shall make public the written report but not
the findings; and
(II) before the end of the first day (excluding
Saturdays, Sundays, and public holidays) after the day
that the committee agrees to the request, the committee
shall make a public statement that it is deferring
taking action on the matter at the request of such
authority.
(ii) If, upon the expiration of the one-year period that
begins on the date the committee makes the public statement
described in item (i)(II), the committee has not acted on the
matter, the committee shall make a new public statement that it
is still deferring taking action on the matter, and shall make
a new statement upon the expiration of each succeeding one-year
period during which the committee has not acted on the matter.
(D) The committee may not receive any referral from the
board of the Office of Congressional Ethics within 60 days
before a Federal, State, or local election in which the subject
of the referral is a candidate. The committee may delay any
reporting requirement under this subparagraph that falls within
that 60-day period until the end of such period and in that
case, for purposes of subdivision (A), days within the 60-day
period shall not be counted.
(E) If, at the close of any applicable period for a
reporting requirement under this subparagraph with respect to a
referral from the board of the Office of Congressional Ethics,
the vote of the committee is a tie or the committee fails to
act, the report and the findings of the board shall be made
public by the committee, along with a public statement by the
chair explaining the status of the matter.
(c)(1) Notwithstanding clause 2(g)(1) of rule XI, each
meeting of the Committee on Ethics 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 Ethics 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 Ethics, 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 Ethics, 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 Ethics 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 Ethics, 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 Ethics.
COMMITTEE AGENDAS
(f) The committee shall adopt rules providing that the
chair 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
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 the employment or duties with the committee of such
individual without specific prior approval from the
chair 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
chair and ranking minority member each may appoint one
individual as a shared staff member from the respective
personal staff of the chair or ranking minority member to
perform service for the committee. Such shared staff may assist
the chair or ranking minority member on any subcommittee on
which the chair or ranking minority member 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 chair
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 chair 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 CHAIR AND RANKING MINORITY MEMBER REGARDING PROPERLY FILED
COMPLAINTS
(k)(1) The committee shall adopt rules providing that
whenever the chair 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
chair 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 chair
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 CHAIR AND RANKING MINORITY MEMBER REGARDING INFORMATION NOT
CONSTITUTING A COMPLAINT
(l) The committee shall adopt rules providing that whenever
the chair 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 chair 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 chair shall
designate one member of a subcommittee to serve as
chair and the ranking minority member shall designate
one member of the subcommittee to serve as the ranking
minority member; and
(3) the chair 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
when 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 the counsel of the
respondent 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 the
counsel of the respondent 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 the counsel of the respondent 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 chair 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;
(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 chair and ranking minority
member of the subcommittee, and the outside counsel, if
any;
(7) statements or information derived solely from a
respondent or the counsel of a respondent 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 the
respondent 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 the 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.
(r) Upon receipt of any written notification from the board
of the Office of Congressional Ethics that the board is
undertaking a review of any alleged conduct of any Member,
officer, or employee of the House and if the committee is
investigating such matter, the committee may at any time so
notify the board and request that the board cease its review
and refer the matter to the committee for its consideration. If
at the end of the applicable time period (including any
permissible extension) the committee has not reached a final
resolution of the matter or has not referred the matter to the
appropriate Federal or State authorities, the committee shall
so notify the board of the Office of Congressional Ethics in
writing. The committee may not request the same matter from the
board more than one time.
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 chair 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 chair 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) If requests are made by more of the media than
will be permitted by a committee or subcommittee chair
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
* * * * * * *
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)
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 (other than
those filed as privileged) 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 chair 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 chair 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 votes taken in executive
session by the Committee on Ethics.
(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) 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.
(2)(A) In subparagraph (1) 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 (1) does not apply to the Committee
on Appropriations, the Committee on House
Administration, the Committee on Rules, or the
Committee on Ethics, 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 chair 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 chair 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(k)(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(k)(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 Ethics, 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 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 joint 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 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.