[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 11. Committees]
[From the U.S. Government Printing Office, www.gpo.gov]


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                         CHAPTER 11 - COMMITTEES

                              HOUSE PRACTICE

              A. Generally; Establishing Committees

  Sec.  1.  The Committee System; Standing, Select, and Joint Committees
  Sec.  2.  Establishing Committees
  Sec.  3.  Committee Expenses; Funding

              B. Chairmen, Members, and Staff; Elections and 
                 Appointments

  Sec.  4.  In General; Membership and Seniority
  Sec.  5.  Numerical Composition of Committees; Party Ratios
  Sec.  6.  The Chairman's Role
  Sec.  7.  Committee Employees and Staff

              C. Committee Functions; Jurisdiction and Authority

  Sec.  8.  Legislative Jurisdiction
  Sec.  9.  Oversight Jurisdiction
  Sec. 10.  Investigative Jurisdiction and Authority
  Sec. 11.  Standing Committees
  Sec. 12.  Select Committees
  Sec. 13.  -- Particular Uses of Select Committees
  Sec. 14.  Joint Committees

              D. Procedure in Committees

  Sec. 15.  Committee Rules; Applicable House Rules
  Sec. 16.  Records, Files, and Transcripts; Disclosure and Disposition; 
  Member Access
  Sec. 17.  Meetings
  Sec. 18.  -- Consideration and Debate; Voting
  Sec. 19.  Hearings
  Sec. 20.  Hearings and Meetings as Open or Closed
  Sec. 21.  Quorum Requirements
  Sec. 22.  -- In Ordering a Report to the House
  Sec. 23.  --  -- Points of Order
  Sec. 24.  Witnesses

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  Sec. 25.  -- Rights or Privileges of Witnesses
  Sec. 26.  -- Proceedings Against Recalcitrant Witnesses
  Sec. 27.  Media Coverage of Hearings and Meetings

              E. Committee Reports

  Sec. 28.  In General
  Sec. 29.  Form and Contents of Report
  Sec. 30.  Comparative Prints; The Ramseyer Rule
  Sec. 31.  Printing; Referral to Calendars
  Sec. 32.  Supplemental, Minority, and Additional Views
  Sec. 33.  Filing Reports
  Sec. 34.  Calling Up; Time to Report
  Sec. 35.  Availability (``Layover'') Requirements
  Sec. 36.  Points of Order Relating to Reports
        Research References
          4 Hinds Sec. Sec. 4019-4703
          7 Cannon Sec. Sec. 1721-2317
          Deschler Ch 17
          Manual Sec. Sec. 714-814, 816, 831-863

                   A. Generally; Establishing Committees


  Sec. 1 . The Committee System; Standing, Select, and Joint Committees

                          The Role of Committees

      The committees of the House play a prominent role at every stage 
  of the legislative process. As a general rule, proposed legislative 
  measures are referred to committees before receiving consideration in 
  the House itself. Manual Sec. 446. A committee may report a measure 
  with or without amendments (which may rewrite the measure entirely), 
  report adversely, or fail to report the measure at all. For a 
  discussion of discharge procedures, see Discharging Measures From 
  Committees.
      The role of the committee does not terminate with the reporting of 
  the bill to the House. When a bill reaches the floor, members of the 
  committee reporting it are entitled to prior recognition for the 
  purpose of offering amendments, and general debate is generally under 
  the control of the chair

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  man and ranking minority member. See Consideration and Debate and 
  Amendments. Finally, members of the reporting committees are often 
  appointed by the Speaker to serve on the conference committee to 
  resolve differences between competing forms of the bill. See 
  Conferences Between the Houses.
      The committee system is as old as the House itself, having been 
  patterned after the English House of Commons, the colonial assemblies, 
  and the Continental Congress. Although during its first quarter 
  century the House relied primarily upon select committees and the 
  Committee of the Whole, the first standing committee dates from 1789.

           Standing, Select, and Joint Committees Distinguished

      House committees are of three distinct types: (1) standing 
  committees, whose members are elected by the House, (2) select 
  committees [also called special committees], whose members are 
  appointed by the Speaker, and (3) joint committees, whose members are 
  chosen according to the provisions of the statute or resolution 
  creating them. Variations of these three categories are discussed in 
  later sections.
      Standing committees (created in the standing rules) receive bills 
  and other measures within their jurisdiction upon referral from the 
  Speaker. See Introduction and Reference of Bills. Select committees 
  are established (usually outside the standing rules) to consider a 
  particular matter or subject and may or may not have legislative 
  jurisdiction. A select committee often expires when when it issues its 
  final report on the matter for which it was created. 4 Hinds 
  Sec. Sec. 4403-4405; see Sec. 12, infra. Joint committees take up 
  matters of concern to both Houses. See Sec. 14, infra.

                   Committee of the Whole Distinguished

      The Committee of the Whole has been described as a committee of 
  the House, although it is not a committee in the customary sense. 4 
  Hinds Sec. 4706. The Committee of the Whole, unlike regular 
  committees, does not have a fixed membership. All Members of the House 
  may attend and participate in its deliberations under special rules 
  designed to encourage wide-ranging debate and to expedite legislation. 
  The Committee of the Whole itself has no power to authorize or appoint 
  a committee. 4 Hinds Sec. 4710. Because of its unique role in the 
  procedures of the House, the Committee of the Whole is addressed in a 
  separate chapter of this work. See Committees of the Whole.

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                    Conference Committees Distinguished

      Conference committees are used primarily to resolve differences 
  between the House and Senate on measures that have passed the two 
  Houses and also are addressed in a separate chapter. See Conferences 
  Between the Houses.

                               Subcommittees

      Standing committees may establish subcommittees to study 
  legislation, hold hearings, and make reports to the full committee. 
  With certain exceptions, rule X clause 5(d) precludes a committee from 
  establishing more than five subcommittees. In addition to the 
  exceptions found in the rule itself, the House has occasionally made 
  further exceptions to that stricture. See, e.g., 107-1, H. Res. 5, 
  Jan. 3, 2001, p ____; 108-1, H. Res. 5, Jan. 7, 2003, p ____. Clause 
  5(d) was adopted in the 104th Congress to replace a requirement that 
  all standing committees having more than 20 members establish at least 
  four subcommittees. Manual Sec. 762; see Sec. 11, infra.
      Subcommittees have no power to report directly to the House, 
  absent specific authority to do so and are subject to the control of 
  the full committee. Manual Sec. 787. Other subunits of committees, 
  such as ``task forces,'' have no formal recognition or authority under 
  the standing rules of the House unless formally established by the 
  House. See, e.g., 102-2, H. Res. 258, Feb. 5, 1992, p 1621.

                                Commissions

      Commissions are analogous to select committees in that they are 
  established to study a particular problem; but a commission is 
  distinguishable from a select committee in that its membership may 
  include private citizens, Members of the House and Senate, and 
  representatives from other branches of government. See, e.g., 94-2, H. 
  Res. 1368, July 1, 1976, p 21795 (creating the Commission on 
  Administrative Review); 6 USC Sec. 101 note (creating the National 
  Commission on Terrorist Attacks Upon the United States).

                          Duration of Committees

      The committees of the House remain in existence only during the 
  two-year term of a Congress which created them. The standing 
  committees of the House are usually reconstituted by a new Congress 
  after the standing rules or resolutions specifically creating new 
  committees are adopted. Deschler Ch 17 Sec. 1.2 (note).
      Select committees expire with the term of the Congress in which 
  they were created or at such earlier date as may be specified in the 
  resolution

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  creating them. Deschler Ch 17 Sec. Sec. 1, 5.5. Unless permanently 
  established, a select committee ceases to exist when it finally 
  reports in full on the subject committed to it but may be revived by 
  action of the House in referring a new matter to it. 4 Hinds 
  Sec. Sec. 4403-4405. A select committee that expires in one Congress 
  may be reconstituted in the next. Deschler Ch 17 Sec. 5.5. In one 
  instance, a select committee was reconstituted (and its existence 
  extended through subsequent resolution) solely for the purpose of 
  completing activities directly associated with the declassification 
  and public release of its report. Manual Sec. 1112a.
      Joint committees established by statute remain in existence beyond 
  the Congress in which they were created unless otherwise provided, 
  although the members thereof must be chosen anew in each Congress. 
  Deschler Ch 17 Sec. 1.


  Sec. 2 . Establishing Committees

                            Standing Committees

      Standing committees are ordinarily established with the adoption 
  of the standing rules on opening day for a Congress. They also may be 
  subsequently established by a simple resolution reported from the 
  Committee on Rules, usually by way of amendment to the House rules. 
  Deschler Ch 17 Sec. Sec. 2.1-2.3. For a discussion of adoption of 
  rules of a new Congress, see Assembly of Congress.
      A resolution reported by the Committee on Rules during a Congress 
  establishing a new committee, changing the name or authority of a 
  committee, or abolishing a committee and transferring its jurisdiction 
  and records to another committee is called up as privileged and is 
  debatable under the hour rule in the House. Deschler Ch 17 
  Sec. Sec. 2.1, 2.4-2.6.

                             Select Committees

      Select committees are normally established by a resolution 
  reported from the Committee on Rules. Deschler Ch 17 Sec. Sec. 5.3, 
  5.5. However, in one instance, a select committee was created pursuant 
  to a floor amendment (offered to the Committee Reform Amendments of 
  1974). 93-2, H. Res. 988, Oct. 8, 1974, p 34470. In another instance, 
  a select committee was created as a separate order included in a 
  resolution adopting the standing rules of the House. 108-1, H. Res. 5, 
  Jan. 7, 2003, p ____. The House also has adopted a privileged 
  resolution reported from the Committee on Rules establishing a new 
  select subcommittee of a standing committee. 104-2, H. Res. 416, May 
  8, 1996, p 10484. For a list of current select committees, see Manual 
  Sec. 1112a.

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      A resolution creating a select committee may specify the 
  jurisdiction and powers of the committee and may place it under the 
  authority of a standing committee. Deschler Ch 17 Sec. Sec. 5.2, 5.3; 
  Sec. 12, infra.
      A resolution creating a select committee is reported and called up 
  as privileged, because the Committee on Rules may report at any time 
  on rules, and the creation of such a committee is the equivalent of a 
  new rule. Manual Sec. 853; Deschler Ch 17 Sec. 5.1. If such a 
  resolution is not reported by the Committee on Rules, it is not 
  privileged, and unanimous consent or a special order reported by the 
  Committee on Rules is necessary to permit its consideration. 95-1, 
  Jan. 4, 1977, p 72. The Committee on Rules itself may not report such 
  a resolution as privileged if it contains provisions outside the 
  jurisdiction of the committee. Deschler Ch 17 Sec. 1.1 (note). 
  However, if such a resolution is referred to another committee for 
  consideration of a provision that also is privileged, both committees 
  may report the resolution as privileged. See, e.g., 102-1, H. Res. 
  258, Nov. 19, 1991, p 32903 (resolution contained a provision funding 
  the select committee from the ``applicable accounts of the House'').

                         Special Ad Hoc Committees

      Under the earlier practice of the House, special committees to 
  consider a particular matter could be established by way of a motion 
  or other proposition to refer. 4 Hinds Sec. Sec. 4401, 4402; 5 Hinds 
  Sec. Sec. 6633, 6634. Thus, the House could refer a message of the 
  President to a special committee to be appointed by the Speaker. At 
  the same time the House could instruct the committee and specify the 
  number of members to be appointed. 5 Hinds Sec. 6633. It was held in 
  this regard that the House need not refer to a special committee 
  already in existence but could refer to one to be subsequently 
  appointed. 5 Hinds Sec. 6634. An ad hoc select committee may be 
  established by a resolution called up as a question of privileges of 
  the House. 102-2, H. Res. 431, Apr. 9, 1992, p 9029 (resolution laid 
  on the table).
      Special ad hoc committees may be established pursuant to rule XII 
  clause 2(c). Under this rule, the Speaker has authority to refer a 
  matter to a special ad hoc committee appointed by him to consider that 
  matter and report thereon to the House. The appointment must be made 
  with the approval of the House and include members of the committees 
  having legislative jurisdiction. Pursuant to this authority, the 
  Speaker may, with the approval of the House, appoint a special ad hoc 
  committee to consider a particular measure, or a particular bill and 
  similar subsequent bills. A resolution authorizing the Speaker to take 
  such action is privileged when offered from the floor at the Speaker's 
  request. Manual Sec. 816.

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                             Joint Committees

      Joint committees are created by law or by concurrent resolution. 
  Manual Sec. Sec. 1108-1112; Deschler Ch 17 Sec. 7; see Sec. 14, infra. 
  A joint committee may be created and vested with jurisdiction as one 
  part of a comprehensive bill or as the sole purpose of a joint 
  resolution. 6 Cannon Sec. 371; Deschler Ch 17 Sec. Sec. 7.4, 7.5. A 
  joint committee created by concurrent resolution must expire (unless 
  reconstituted) with the Congress in which it was created. 4 Hinds 
  Sec. 4409.
      A concurrent resolution establishing a joint committee, if 
  reported by the Committee on Rules, is called up as privileged by that 
  committee. Deschler Ch 17 Sec. 7.1. However, such a resolution may not 
  be reported as privileged if it contains an authorization for 
  appropriations. Deschler Ch 17 Sec. 7.5. Debate on the resolution is 
  under the hour rule. Deschler Ch 17 Sec. 7.1.

                                Commissions

      Commissions are ordinarily created by statute. See, e.g., the 
  Abraham Lincoln Bicentennial Commission (36 USC Sec. 101 (note)). They 
  may also be created by House resolution. See, e.g., the Commission on 
  Administrative Review, 94-2, H. Res. 1368, July 1, 1976, p 21795.


  Sec. 3 . Committee Expenses; Funding

      Authorization for the payment of committee expenses for a 
  particular Congress is obtained pursuant to ``one primary expense 
  resolution'' for each committee (the Appropriations Committee 
  excepted). Rule X clause 6. The request for such authorization is made 
  to the Committee on House Administration, which has jurisdiction over 
  such expenditures. Rule X clause 1(i). The primary expense resolution 
  is reported to the House by the committee, with an accompanying report 
  containing information as to the anticipated activities of the 
  committee in question. See, e.g., 106-1, H. Res. 101, H. Rept. 106-72, 
  Mar. 23, 1999.
      Authorization for the payment of additional committee expenses not 
  covered by the primary expense resolution may be obtained pursuant to 
  one or more ``supplemental expense resolutions.'' Rule X clause 6(b).
      The primary and supplemental expense resolutions, which provide 
  funds under rule X clause 6 for a single committee, are subject to a 
  one-calendar-day layover requirement. A supplemental expense 
  resolution that is not reported by the Committee on House 
  Administration may be considered by unanimous consent (subject to the 
  Speaker's guidelines for recognition of unanimous-consent requests). 
  107-2, H. Res. 359, Mar. 7, 2002, p ____.

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      Funds for the Committee on Appropriations are appropriated by the 
  annual appropriation bill for the legislative branch.


        B. Chairmen, Members, and Staff; Elections and Appointments


  Sec. 4 . In General; Membership and Seniority

               Standing and Select Committees Distinguished

      Until 1911, the members and the chairmen of the standing and 
  select committees of the House were generally appointed by the 
  Speaker, although in rare instances a committee chose its own 
  chairman. See 4 Hinds Sec. 4524. Since 1911, standing committee 
  chairmen and members have been elected by the House as part of a 
  three-step procedure. First, with certain exceptions, a selection 
  committee--sometimes called a committee on committees or a steering 
  committee--of each party caucus recommends candidates for committee 
  assignments. Second, the party caucus approves the recommendations of 
  the selection committee. Third, the House approves the recommendations 
  of the caucuses, which are brought before the House as privileged 
  resolutions. Rule X clause 5(a)(1); Manual Sec. Sec. 317, 757; 4 Hinds 
  Sec. 4513; 8 Cannon Sec. 2201. The rules of the Democratic Caucus and 
  the Republic Conference prescribe different nomination procedures for 
  the selection of Members to the Committees on Rules and House 
  Administration (the Speaker or the Minority Leader recommends those 
  committee assignments directly to their respective party caucus, 
  bypassing the selection committee). See, e.g., rules 14 and 15, Rules 
  of the Democratic Caucus, 107th Cong. Rule X clause 5(a)(2) dictates 
  the composition of the Committee on the Budget, which is reflected in 
  the party caucus rules relating to the nominations for that committee. 
  See e.g., rule 12, Rules of the Republican Conference, 108th Cong. 
  Furthermore, the Speaker has retained the authority, under rule I 
  clause 11, to appoint Members to select committees. Manual Sec. 637.

                             Electing Chairman

      Pursuant to nominations submitted by the majority party caucus, 
  one member of each standing committee is elected as its chairman at 
  the commencement of each Congress. Manual Sec. 761. Beginning with the 
  104th Congress, a Member's service as chairman of the same committee 
  is limited to three consecutive Congresses. The same limitation 
  applies to a subcommittee chairman. Rule X clause 5(c). Nominations 
  for chairmen are submitted to the House for its approval in the 
  election resolution. Deschler Ch

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  17 Sec. 8.1. Such a resolution is normally called up as privileged by 
  the chairman of the majority party caucus, often as part of a 
  resolution electing all majority members to those committees. Deschler 
  Ch 17 Sec. 8.7 (note). For an example of a resolution electing only 
  committee chairman, and one electing only ranking minority members, 
  see 108-1, H. Res. 22 and H. Res. 24, Jan. 8, 2003, p ____, p ____.
      In the event of a permanent vacancy in the chairmanship, the House 
  elects a successor pursuant to privileged resolution. Manual Sec. 761. 
  This procedure is followed when a vacancy is created on a standing 
  committee by the death of its chairman or after a chairman has 
  resigned. Deschler Ch 17 Sec. Sec. 8.3, 8.5, 8.6. In the temporary 
  absence of the chairman, the member next in rank as named in the 
  resolution electing the committee acts as chairman. Manual Sec. 761.
      Where the chairman is disabled and unable to carry out the 
  responsibilities of the Chair, the House may, in the election 
  resolution, provide for a delegation of powers and duties to an acting 
  chairman until further ordered by the House. Manual Sec. 761. 
  Similarly, the resolution electing minority members to a committee may 
  devolve the role of ranking minority member to the next-senior 
  minority member of a standing committee (where the ranking minority 
  member remained absent due to physical infirmity). 105-2, H. Res. 369, 
  Feb. 25, 1998, p ____.

                            Election of Members

      Resolutions electing Members to standing committees have 
  traditionally been offered from the floor and called up as privileged 
  at the direction of the party organization. 8 Cannon Sec. Sec. 2171, 
  2179, 2182. Each party's resolution, if adopted, elects en bloc those 
  Members from that particular party to the various standing committees. 
  Deschler Ch 17 Sec. 9.1. Such a resolution is not divisible under rule 
  XVI clause 5(b)(2). Manual Sec. 919. However, it is debatable and 
  subject to amendment until such time as the previous question is 
  ordered. 8 Cannon Sec. Sec. 2172, 2174.
      Under rule X clause 5(b)(1), service on a standing committee is 
  contingent upon continuing membership in the nominating party caucus. 
  Such service automatically ceases upon termination of caucus 
  membership. Manual Sec. 960.
      No Member may serve simultaneously as a member of more than two 
  standing committees or four subcommittees unless approved by the House 
  on recommendation of the caucus. Rule X clause 5(b)(2).

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                                 Seniority

      Committee seniority is shown by the order in which the Members' 
  names are listed in the election resolution. Deschler Ch 17 Sec. 11.1. 
  A resolution electing a Member to a committee may include the 
  designation of his rank on the committee (Deschler Ch 17 Sec. 9.6) and 
  may be made effective retroactively (Deschler Ch 17 Sec. 9.16). A 
  resolution may also alter the rank among sitting committee members. 
  See, e.g., 107-1, H. Res. 85, Mar. 8, 2001, p ____.


  Sec. 5 . Numerical Composition of Committees; Party Ratios

                              Committee Size

      Rule X clause 5(a)(3) limits the size of only one standing 
  committee of the House, the Committee on Standards of Official 
  Conduct, which is set at five majority and five minority members. 
  Manual Sec. 759. The sizes of other committees of the House are 
  negotiated by the Majority and Minority Leaders at the direction of 
  their respective party organizations. Deschler Ch 17 Sec. 9. The size 
  of each committee is ultimately determined by the number of Members 
  elected to each committee pursuant to rule X clause 5(a). Manual 
  Sec. 757.

                               Party Ratios

      The allocation of majority party and minority party representation 
  on committees is normally determined through negotiations between the 
  majority and minority leadership. Historically, the party ratios on 
  most standing committees have tended to reflect the relative 
  membership of the two parties in the House as a whole. Deschler Ch 17 
  Sec. 9.4. Sometimes, however, the membership of a committee is equally 
  divided between the majority and minority parties where bipartisan 
  deliberations are considered essential. See, e.g., rule X clause 
  5(a)(3), requiring the members of the Committee on Standards of 
  Official Conduct to be five from the majority party and five from the 
  minority party.
      Disproportionate party ratios on committees may also be traced to 
  the rules of the party caucus. Deschler Ch 3 Sec. 9. Moreover, some 
  House committees, such as the Committee on Rules, have traditionally 
  reflected disproportionate ratios in favor of the majority party. See, 
  e.g., 8 Cannon Sec. 2184.

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  Sec. 6 . The Chairman's Role

      The powers and duties of the full committee chairmen are derived 
  from custom and from the rules of the House. The chairman of a 
  committee:

     Presides over committee meetings. Manual Sec. 317.
     Administers oaths to witnesses in hearings in the committee or 
         delegates that authority. Manual Sec. 805; 2 USC Sec. 191. In 
         one instance, the chairman of an investigating committee 
         administered the oath to himself and testified. 3 Hinds 
         Sec. 1821.
     May punish breaches of order and decorum by censure and 
         exclusion from hearings. Manual Sec. 803.
     Authorizes and issues subpoenas when the power to do so has 
         been delegated to him by the committee. Manual Sec. 805.
     Fixes, within certain guidelines, the salaries of staff. 
         Manual Sec. 777.
     Submits reports of his committee to the House, even though he 
         may not have concurred therein. Rule XIII clause 2(b)(1); 4 
         Hinds Sec. Sec. 4670, 4671. However, a committee may order its 
         report to be made by some other member or even by a member of 
         the minority party. 4 Hinds Sec. Sec. 4669, 4672, 4673.
     Submits privileged reports to the House from the floor. Manual 
         Sec. 418.
     Manages bills of his committee in the House under his 
         responsibility to take steps necessary to bring the measure or 
         matter to a vote. Such managerial status entitles him at all 
         stages to prior recognition for allowable motions intended to 
         expedite it. Manual Sec. 834; 2 Hinds Sec. Sec. 1452, 1457; 6 
         Cannon Sec. Sec. 296, 300.
     Receives priority in recognition when Senate amendments to the 
         bill are debated. 2 Hinds Sec. 1452.


  Sec. 7 . Committee Employees and Staff

      The employment of committee staff is governed by rule X clause 9 
  (Manual Sec. Sec. 771-781) and by statute (see, e.g., 5 USC 
  Sec. Sec. 5315, 5316, setting permissible rates of staff pay).
      The House rules place a limit on the number of professional staff 
  members which may be appointed to a standing committee (the Committee 
  on Appropriations excepted) and on the number of professional staff 
  members which may be selected by the minority. Manual Sec. Sec. 771-
  774. The Appropriations Committee is subject to a separate rule 
  permitting the appointment, in addition to a clerk and assistants for 
  the minority, of such staff as are determined by majority vote to be 
  necessary. Rule X clause 9(d).

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            C. Committee Functions; Jurisdiction and Authority


  Sec. 8 . Legislative Jurisdiction

                   Generally; Referrals and Rereferrals

      The legislative jurisdiction of each standing committee is 
  specified and defined by rule X. Manual Sec. Sec. 714-741. Areas of 
  legislative interest have been divided under rule X into distinct 
  subject matter classifications, with jurisdiction over each being 
  allocated to a standing committee. The Speaker refers bills and other 
  matters to committees pursuant to the jurisdiction of each committee 
  as defined by rule X, taking into account any relevant precedents. 
  Under rule XII clause 2, the Speaker is required to refer a measure to 
  more than one committee where it involves subject matter assigned to 
  different committees. Manual Sec. 816. Under rule XII clause 2(c)(1), 
  the Speaker is required to indicate a primary committee of 
  jurisdiction (except where he determines that extraordinary 
  circumstances justify review by more than one committee as though 
  primary). Additional committees of initial referral are listed after 
  the primary committee. The Speaker imposes time limits on the 
  additional committees once the primary committee reports. Rule XII 
  clause 2(c); Manual Sec. 816. Under rule XII clause 2, the Speaker 
  also may refer a measure sequentially to a committee upon reporting by 
  the committees of initial referral. The Speaker imposes time limits on 
  all sequential referrals. For a discussion of referrals generally, see 
  Bills and Resolutions.
      Rule X requires the Speaker to refer public measures in accordance 
  with its terms and gives some discretion to Members in referring 
  private bills. Manual Sec. Sec. 714, 818. However, the House itself 
  may refer bills to any committee without regard to the rules of 
  jurisdiction, and jurisdiction is thereby conferred. 4 Hinds 
  Sec. Sec. 4362-4364, 4375; 5 Hinds Sec. 5527; 7 Cannon Sec. Sec. 2105, 
  2131.
      The committees, because they are created by the House, exercise no 
  authority or jurisdiction beyond that specifically conferred by the 
  rules or by special authorization of the House itself. 7 Cannon 
  Sec. 780. However, the House may confer jurisdiction on a committee by 
  the adoption of a special order from the Committee on Rules. 7 Cannon 
  Sec. 780. A bill may be originated by a committee which has been given 
  jurisdiction to do so by order

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  or rule of the House. 4 Hinds Sec. 3365. Jurisdictional authority, in 
  addition to that specified in rule X, may be vested in a committee 
  pursuant to:

     A resolution enlarging the jurisdiction of a committee or 
         authorizing it to study and report on a particular matter. 
         Manual Sec. 731; 3 Hinds Sec. 1753.
     A change in the rules of the House by adoption of a resolution 
         from the Committee on Rules. 91-2, July 8, 1970, p 32136.
     A motion to rerefer or recommit.

      The erroneous reference of a public bill, if it remains 
  uncorrected, gives the committee authority to report that measure. 4 
  Hinds Sec. Sec. 4365-4371; 7 Cannon Sec. 2108. However, such is not 
  the case with respect to a private bill unless the reference is made 
  by action of the House itself. 4 Hinds Sec. Sec. 3364, 4382-4391; 7 
  Cannon Sec. 2131.

                            Informal Agreements

      Questions relating to the jurisdiction over a subject by two or 
  more committees are sometimes resolved pursuant to an informal 
  agreement or memorandum of understanding between the committees 
  involved. See, e.g., 96-2, Mar. 25, 1980, pp 6405, 6406, 6408-10 
  (memorandum of understanding among six different committees on energy 
  measures);104-1, Jan. 4, 1995 (memorandum of understanding between two 
  committees concerning the budget process); 104-1, Jan. 30, 1995, p 
  2888 (memorandum of understanding between two committees concerning 
  jurisdiction over the merchant marine resulting from the dissolution 
  of the Committee on Merchant Marine and Fisheries); 107-1, Jan. 30, 
  2001 (memorandum of understanding between two committees concerning 
  jurisdiction over securities). Although these memoranda may explain 
  understandings, they may not alter explicit jurisdictional statements 
  in the rules. Committee reports often contain an exchange of letters 
  between committee chairmen waiving a committee's claim to review a 
  particular bill, with the understanding that this surrender of 
  jurisdiction over the matter is not permanent. See, e.g., 106-2, H. 
  Rept. 106-616.

                   Points of Order; Erroneous Referrals

      The Speaker's referral of a bill is not subject to a point of 
  order. Manual Sec. 825; 4 Hinds Sec. 4372; Deschler Ch 17 
  Sec. Sec. 26, 27.9. Under rule XII clause 7(a), a motion to correct an 
  erroneous reference is privileged if authorized either by the 
  committee to which the bill had been erroneously referred or by the 
  committee claiming jurisdiction. The motion is not debatable. Under 
  the modern practice, however, erroneous referrals are corrected by 
  unanimous consent. The Speaker may also sequentially refer a measure

[[Page 246]]

  (upon reporting by the committee of initial referral) to a committee 
  that was erroneously excluded from the initial referral.
      A point of order against specific language of a bill or an 
  amendment on the ground that its subject is within the jurisdiction of 
  another committee is sustainable in committee, if timely raised, based 
  on the Speaker's standard multiple referral of measures, which is as 
  follows: ``in each case for consideration of such provisions as fall 
  within the jurisdiction of the committee concerned.'' The point of 
  order against a portion of the bill is timely during a committee 
  markup if that portion of the bill is read for amendment. The Speaker 
  may decline to speculate as to what committee will have jurisdiction 
  over a particular bill until it has been examined. Deschler Ch 17 
  Sec. 27.2.


  Sec. 9 . Oversight Jurisdiction

                                 Generally

      The oversight function of the House arises from its duty to 
  exercise continuous vigilance over the administration and execution of 
  the laws by the departments and agencies of the Federal government. 
  Legislative oversight as a continuing function was given to all 
  standing committees by the Legislative Reorganization Act of 1946, 
  which provided that each standing committee ``shall exercise 
  continuous watchfulness'' over administrative agencies, and by the 
  Legislative Reorganization Act of 1970, which required periodic 
  reports by committees on their oversight activities. Rule X clause 2 
  requires the House standing committees to exercise general oversight. 
  Manual Sec. Sec. 742, 743.

                General and Special Oversight Distinguished

      The House rules impose both general and special oversight 
  responsibilities on its standing committees. General legislative 
  oversight is performed by all standing committees, although special 
  oversight functions, under rule X clause 3, are given to certain 
  standing committees. Manual Sec. Sec. 742, 744. Additional budget and 
  other oversight-related functions are delineated in rule X clause 4. 
  Manual Sec. Sec. 745-756.


  Sec. 10 . Investigative Jurisdiction and Authority

                            Standing Committees

      Under rule XI clause 1(b), each standing committee is authorized 
  to conduct such investigations as it considers necessary or 
  appropriate in carrying out the jurisdictional responsibilities given 
  to it under rule X. Manual Sec. 788. To carry out its duties, each 
  committee and each subcommittee is authorized by rule XI clause 2(m) 
  to hold hearings and to subpoena witnesses

[[Page 247]]

  or compel the production of documents. Manual Sec. 805. As to the 
  issuance and enforcement of subpoenas, see Sec. 24, infra.

                        Select or Joint Committees

      Lacking general investigative authority, a select or joint 
  committee must be given specific authority to undertake an 
  investigation. Such authority may be given pursuant to:

     A statute conferring investigative powers. See, e.g., 26 USC 
         Sec. 8022 (conferring investigative duties on the Joint 
         Committee on Internal Revenue Taxation).
     A concurrent resolution. See, e.g., 102-2, H. Con. Res. 192, 
         Aug. 6, 1992, p 21961 (establishing the Joint Committee on the 
         Organization of Congress).
     A standing rule of the House. See, e.g., rule X clause 11 
         (establishing the Permanent Select Committee on Intelligence).
     A simple resolution. See, e.g., 105-2, H. Res. 463, June 18, 
         1998, p ____, (establishing the Select Committee on U.S. 
         National Security and Military/Commercial Concerns with China).

                            Scope; Limitations

      The investigative power that is exercised by the House through its 
  committees is inherent in the power to make laws. Watkins v. United 
  States, 354 U.S. 178 (1957). In so ruling, courts have reasoned, ``A 
  legislative body cannot legislate wisely or effectively in the absence 
  of information respecting the conditions which the legislation is 
  intended to affect or change.'' McGrain v. Daugherty, 273 U.S. 135 
  (1927); Eastland v. United States Servicemen's Fund, 421 U.S. 491 
  (1975).
      This investigative power encompasses inquiries concerning the 
  administration of existing laws and the need for proposed legislation. 
  It extends to studies of social, economic, or political problems, and 
  probes departmental corruption, inefficiency, or waste at the Federal 
  level. Watkins, 354 U.S. 178. Although broad, this power of 
  investigation is not unlimited. It may be exercised only in aid of the 
  ``legislative function.'' Kilbourn v. Thompson, 103 U.S. 168 (1881). 
  It is said that Congress has no general power to inquire into private 
  affairs and that the subject of inquiry must be one ``on which 
  legislation could be had.'' McGrain, 273 U.S. 135.
      Since 1952, the courts have declined to presume the existence of a 
  legislative purpose and have narrowly construed resolutions granting 
  authority to committees to conduct investigations. United States v. 
  Rumely, 345 U.S. 41 (1952). The investigative power cannot be used to 
  expose merely for the sake of exposure or to inquire into matters 
  which are within the exclusive

[[Page 248]]

  province of one of the other branches of government or which are 
  reserved to the States. Deschler Ch 15 Sec. 1.
      A further requirement for the validity of a committee 
  investigation is that it must have been expressly or implicitly 
  authorized in accordance with congressional procedures. Deschler Ch 15 
  Sec. 1. Thus, the courts have refused to convict a witness for 
  contempt arising out of a subcommittee investigation where that 
  investigation had not been approved by a majority of the parent 
  committee, as was required by the committee rule. Gojack v. United 
  States, 384 U.S. 702 (1966).
      The courts will not look to the motives which may have prompted a 
  congressional investigation. Watkins, 354 U.S. 178. The courts also 
  will not question the wisdom of the investigation or its methodology. 
  Doe v. McMillan, 412 U.S. 306 (1973). The very nature of the 
  investigative function is such that it may take the searchers up some 
  ``blind alleys'' and into nonproductive enterprises. The validity of a 
  legislative inquiry is not contingent on a predictable end result. 
  Eastland, 421 U.S. 491.

                    Obstructing Committee Investigation

      A Federal statute provides criminal penalties for those who 
  corruptly influence, obstruct, or impede ``due and proper'' 
  congressional inquiry. 18 USC Sec. 1505. Indictments under Sec. 1505 
  have been upheld despite contentions that the committee violated its 
  own rules and those of the House. United States v. Poindexter, 725 F. 
  Supp. 13 (D.D.C. 1989); United States v. Mitchell, 877 F.2d 204 (4th 
  Cir. 1989).


  Sec. 11 . Standing Committees

      Standing committees were not used extensively during the earliest 
  Congresses. It was the general practice of the House to refer matters 
  to a Committee of the Whole to develop the primary objectives of a 
  proposal, and then to commit such matters to select committees to 
  draft specific bills.
      At the start of the 19th century, standing committees began to 
  proliferate. By mid-century the House had 34 standing committees, and 
  by 1900 it had 58. Subsequent additions raised the number of standing 
  committees to 61 by 1905. However, in the 1920's the House 
  consolidated numerous committees and again vested in the Committee on 
  Appropriations jurisdiction over all general appropriation bills. 7 
  Cannon Sec. 1741. Further reductions in the number of committees in 
  the House were made by the Legislative Reorganization Act of 1946 (60 
  Stat. 812). By dropping relatively inactive committees and by merging 
  those with similar functions and jurisdiction, the Act reduced the 
  total number of standing committees in the House from 44 to 19.

[[Page 249]]

      In 1995 the House again reorganized its committee system, 
  reestablishing the number at 19 by abolishing three committees and 
  altering the jurisdiction of several others. 104-1, H. Res. 6, Jan. 4, 
  1995, p 462. Under rule X clause 5(d), a standing committee may have 
  no more than five subcommittees. However, clause 5(d) excepts from 
  that stricture (1) a committee that maintains a subcommittee on 
  oversight, which may have six subcommittees; (2) the Committee on 
  Appropriations, which may have 13 subcommittees; and (3) the Committee 
  on Government Reform, which may have seven subcommittees. Manual 
  Sec. 762. The House has occasionally excepted other committees from 
  that stricture. See, e.g., 107-1, H. Res. 5, Jan. 3, 2001, p ____; 
  108-1, H. Res. 5, Jan. 7, 2003, p ____.
      The standing committees of the House, with their antecedent 
  committees, are shown in the following table. This table provides 
  citations to relevant statutes or precedents and to the authority for 
  legislative jurisdiction and/or oversight functions, where applicable.
        

                    Standing Committees (108th Cong.)
            Jurisdiction, Oversight Function, and Antecedents
------------------------------------------------------------------------
Standing Committees (108th Cong.)          Antecedent Committees
------------------------------------------------------------------------
Agriculture
  Established 1820; 4 Hinds Sec.
   4149
  Legislative jurisdiction,
   Manual Sec.  715
  Oversight functions, Manual
   Sec. Sec.  742, 743, 755, 756
 
Appropriations
  Established 1865; 4 Hinds Sec.   Ways and Means (in part), 1802
   4032
  Legislative jurisdiction,
   Manual Sec.  716
  Oversight and additional
   functions, Manual Sec. Sec.
   744-747, 755, 756
 
Armed Services
  Established 1947; 60 Stat. 812   Military Affairs, 1822
  Legislative jurisdiction,        Naval Affairs, 1822
   Manual Sec.  718                Militia, 1835
  Oversight and additional         Atomic Energy (Joint Committee), 1946
   functions, Manual Sec. Sec.
   742-744, 755, 756
  Formerly known as ``National
   Security'' 1995, Manual Sec.
   718
 
Budget
  Established 1974; 88 Stat. 299

[[Page 250]]

 
  Legislative jurisdiction,
   Manual Sec.  719
  Oversight functions, Manual
   Sec. Sec.  742-744, 748, 756
 
Education and the Workforce
  Established 1947; 60 Stat. 812   Education, 1867
  Legislative jurisdiction,        Labor, 1883
   Manual Sec.  720
  Oversight functions, Manual
   Sec. Sec.  742-744, 755, 756
  Formerly known as ``Education
   and Labor'' 1947, ``Economic
   and Educational
   Opportunities'' 1995, Manual
   Sec.  720
 
Energy and Commerce
  Established 1795; 4 Hinds Sec.   Commerce and Manufacturers, 1795
   4096
  Legislative jurisdiction,        Coinage, Weights and Measures, 1867
   Manual Sec.  721
  Oversight functions, Manual      Atomic Energy (Joint Committee), 1946
   Sec. Sec.  742-744, 755, 756
  Formerly known as ``Interstate
   and Foreign Commerce'' 1892,
   ``Commerce and Health'' 1975,
   ``Interstate and Foreign
   Commerce'' 1975, ``Energy and
   Commerce'' 1980, ``Commerce''
   1995, Manual Sec.  721
 
Financial Services
  Established 1865; 4 Hinds Sec.
   4082
  Legislative jurisdiction,
   Manual Sec.  722
  Oversight and additional
   functions, Manual Sec. Sec.
   742, 755, 756
  Formerly known as ``Banking and  .....................................
   Currency'' 1865, ``Coinage,
   Weights and Measures'' 1867,
   ``Banking, Currency and
   Housing'' 1974, ``Banking,
   Finance and Urban Affairs''
   1977, ``Banking and Financial
   Services'' 1995, Manual Sec.
   722
 
Government Reform
  Established 1927; 7 Cannon Sec.  District of Columbia, 1808
    2041
  Legislative jurisdiction,        Public Expenditures, 1814
   Manual Sec.  723

[[Page 251]]

 
  Oversight and additional         State, Treasury, War, Navy, and Post
   functions, Manual Sec. Sec.      Office, 1816
   742-744, 749, 755, 756
  Formerly known as                Justice, 1874
   ``Expenditures in the           Agriculture, 1889
   Executive Departments'' 1927,   Commerce and Labor, 1905
   ``Government Operations''       Post Office and Civil Service, 1947
   1952, ``Government Reform and
   Oversight'' 1995, Manual Sec.
   723
 
House Administration
  Established 1947; 60 Stat. 812   Enrolled Bills, 1789
  Legislative jurisdiction,        Elections, 1794, 1895
   Manual Sec. Sec.  724-728       Accounts, 1805
  Oversight and additional         Mileage, 1837
   functions, Manual Sec. Sec.     Printing, 1846
   742, 743, 750-756               Disposition of Executive Papers, 1889
  Formerly known as ``House        Ventilation and Acoustics, 1893
   Oversight'' 1995, Manual Sec.   Memorials, 1929
   724
 
International Relations
  Established 1822; 4 Hinds Sec.   Atomic Energy (Joint Committee), 1946
   4162
  Legislative jurisdiction,
   Manual Sec.  729
  Oversight functions, Manual
   Sec. Sec.  742-744, 755, 756
  Formerly known as ``Foreign
   Affairs'' 1822,
   ``International Relations''
   1975, ``Foreign Affairs''
   1979, Manual Sec.  729
 
Judiciary
  Established 1813; 4 Hinds Sec.   Claims, 1794
   4054
  Continued, 1947, 60 Stat. 812    Patents, 1837
  Legislative jurisdiction,        Revision of the Laws, 1868
   Manual Sec. Sec.  730, 731      War Claims, 1883
  Oversight functions, Manual      Immigration and Naturalization, 1893
   Sec. Sec.  742, 743, 755, 756   Internal Security, 1969
 
Resources
  Established 1805; 4 Hinds Sec.   Private Land Claims, 1816
   4194
  Legislative jurisdiction,        Indian Affairs, 1821
   Manual Sec.  732

[[Page 252]]

 
  Oversight functions, Manual      Territories, 1825
   Sec. Sec.  742-744, 755, 756    Mines and Mining, 1865
  Formerly known as ``Public       Merchant Marine and Fisheries (in
   Lands'' 1805, ``Insular          part), 1887
   Affairs'' 1899, ``Interior and  Irrigation of Arid Lands, 1893
   Insular Affairs'' 1951,         Atomic Energy (Joint Committee), 1946
   ``Natural Resources'' 1993,
   Manual Sec.  732
 
Rules
  Established 1880; 4 Hinds Sec.   Rules (Select Committee), 1789
   4321
  Mandated by law, 1947, 60 Stat.
   812
  Legislative jurisdiction,
   Manual Sec. Sec.  733, 734
  Oversight functions, Manual
   Sec. Sec.  742-744, 756
 
Science
  Established 1958; 85-2, H. Res.  Merchant Marine and Fisheries (in
   496                              part), 1887
  Legislative jurisdiction,        Atomic Energy (Joint Committee), 1946
   Manual Sec.  735                Astronautics and Space Exploration
  Oversight functions, Manual       (Select Committee), 1958
   Sec. Sec.  742-744, 755, 756
  Formerly known as ``Science and
   Astronautics'' 1958, ``Science
   and Technology'' 1975,
   ``Science, Space, and
   Technology'' 1987, Manual Sec.
    735
 
Small Business
  Established 1975; 93-2, H. Res.  Small Business (Select Committee),
   988                              1941
  Legislative jurisdiction,
   Manual Sec.  736
  Oversight functions, Manual      Small Business (Permanent Select
   Sec. Sec.  742-744, 755, 756     Committee), 1971
 
Standards of Official Conduct
  Established 1967; 90-2, H. Res.  Standards and Conduct (Select
   418                              Committee), 1966
  Legislative jurisdiction,        Ethics (Select Committee), 1977
   Manual Sec. Sec.  736, 737
  Oversight functions, Manual
   Sec.  742
 
Transportation and Infrastructure
  Established 1947; 60 Stat. 812   Public Buildings and Grounds, 1837
  Legislative jurisdiction,        Mississippi Levies, 1875
   Manual Sec.  739

[[Page 253]]

 
  Oversight functions, Manual      Rivers and Harbors, 1883
   Sec. Sec.  742, 743, 755, 756   Merchant Marine and Fisheries (in
  Formerly known as ``Public        part), 1887
   Works and Transportation''      Roads, 1913
   1975, Manual Sec.  739          Flood Control, 1916
 
Veterans' Affairs
  Established 1947; 60 Stat. 812   Pensions and Revolutionary Claims,
  Legislative jurisdiction,          1813
   Manual Sec.  740
  Oversight functions, Manual      Revolutionary Pensions, 1825
   Sec. Sec.  742, 743, 755, 756   Invalid Pensions, 1831
                                   World War Veterans' Legislation, 1924
 
Ways and Means
  Established 1802; 4 Hinds Sec.   Ways and Means (Select Committee),
   4020                             1789
  Legislative jurisdiction,
   Manual Sec.  741
  Oversight functions, Manual
   Sec. Sec.  742, 743, 755, 756
------------------------------------------------------------------------

  Sec. 12 . Select Committees

      Select (or special) committees were used extensively by the House 
  during the early Congresses. In the Jeffersonian era, it was common 
  practice to refer each proposal to a select committee created to draft 
  the appropriate legislative language for the measure. Manual Sec. 401. 
  By the Third Congress, 350 select committees had been named. However, 
  as standing committees came to be recognized as the most appropriate 
  forum for the development of legislation, the use of select committees 
  declined steadily. By the 23d Congress, the number of select 
  committees had been reduced to 35. By the 106th Congress, only the 
  Permanent Select Committee on Intelligence remained. Rule X clause 11; 
  Manual Sec. 1112a. A select committee identified as permanent is 
  reconstituted in each Congress upon adoption of the rules of the 
  House.
      In the modern era, select committees are created primarily to 
  investigate conditions or events. As pointed out elsewhere, all 
  committee investigations must be undertaken in furtherance of a 
  constitutionally assigned function of Congress. Deschler Ch 15 Sec. 1; 
  see Sec. 10, supra.

[[Page 254]]

      Select committees have also been created to study and report on 
  matters with a view toward legislative action. Most select committees 
  of this type lacked authority to report legislation. Instead, they 
  were directed to assess the adequacy of existing laws and, if 
  necessary, to make legislative recommendations. However, several 
  select committees have been empowered to report legislation directly 
  to the House. Deschler Ch 17 Sec. 6. For example, the Select Committee 
  on Homeland Security was required to report to the House its 
  recommendations on a bill establishing a Department of Homeland 
  Security. In making its recommendation, the select committee was 
  required to take into consideration recommendations by each committee 
  to which such bill was initially referred. 107-2, H. Res. 449, June 
  19, 2002, p ____. In the 108th Congress, the House established a 
  successor to the Select Committee on Homeland Security, granting it 
  jurisdiction over matters relating to the Homeland Security Act of 
  2002 (the law enacted on the recommendation of the predecessor select 
  committee). For further discussion on the establishment of select 
  committees, see Guidelines for the Establishment of Select Committees, 
  Committee on Rules, 98-1, February, 1983.
      Finally, select committees have been created to supervise certain 
  routine housekeeping functions; for example, the Select Committee on 
  the House Beauty Shop (95-1, H. Res. 1000), the Select Committee on 
  the House Recording Studio (Pub. L. No. 84-624), the Select Committee 
  on the House Restaurant (95-1, H. Res. 472), and the Select Committee 
  to Regulate Parking on the House Side of the Capitol (95-1, H. Res. 
  282).


  Sec. 13 . -- Particular Uses of Select Committees

      The House has established more than 20 select committees since 
  passage of the Legislative Reorganization Act of 1946. The table below 
  identifies some of these committees for purposes of illustration. The 
  table shows these committees by name (or paraphrase thereof), dates of 
  creation and termination, and authority, including legislative 
  authority. With the two exceptions noted--Campaign Expenditures and 
  Small Business--the table excludes those committees existing before 
  1947 which were subsequently reconstituted.
        

[[Page 255]]



                            Select Committees
------------------------------------------------------------------------
                       Jurisdiction--Investigative          Reporting
    Committee                   Authority                   Authority
------------------------------------------------------------------------
Aging
  Established      Problems of the older American;      To report
   Jan. 3, 1975;    income maintenance, housing, and     annually to the
   93-2, H. Res.    health; welfare programs             House; no
   988                                                   legislative
  Terminated Jan.                                        authority
   5, 1993,
   Manual Sec.
   784
 
Astronautics and
 Space
 Exploration
  Established      All aspects and problems relating    To report to the
   Mar. 25, 1958;   to the exploration of outer space;   House, by bill
   85-2, H. Res.    resources, personnel, equipment,     or otherwise
   496              and facilities; legislation
  Terminated July
   21, 1958;
   became
   standing
   Committee on
   Science and
   Astronautics
 
Assassinations
  Established      Circumstances surrounding the death  To report to the
   Sept. 17,        of John F. Kennedy and the death     House on the
   1976; 94-2, H.   of Martin Luther King, Jr.           result of its
   Res. 1540                                             investigation
  Terminated Jan.                                        (see H. Rept.
   3, 1979                                               95-1828); no
                                                         legislative
                                                         authority
 
Campaign
 Expenditures
  Established May  Election disputes; electoral fraud;  Reporting
   29, 1928; 70-    excessive campaign expenditures of   authority
   1, H. Res. 232   Presidential or congressional        varied from
  Reestablished     candidates                           Congress to
   by each                                               Congress
   Congress
   through 92-2
 
Chemicals,
 Pesticides, and
 Insecticides
 Affecting Foods
  Established      Chemicals, compounds, and            To report to the
   June 20, 1950;   synthetics in the production of      House on its
   81-2, H. Res.    food products; health factors; the   investigation
   323              agricultural economy; toxic          with
  Terminated Jan.   residues; effect on soil and         recommendations
   3, 1953          vegetation                           for legislation
                                                         (see H. Rept.
                                                         82-2182); no
                                                         legislative
                                                         authority
 

[[Page 256]]

 
Children, Youth
 and Families
  Established      Income maintenance; health;          To report to the
   Sept. 29,        nutrition; education; welfare;       House on the
   1982, 97-2, H.   employment                           results of its
   Res. 421                                              investigations;
  Reestablished                                          no legislative
   by each                                               authority
   Congress
   through 102-2.
 
 
Committees
  Established      Rules X and XI of the rules of the   To report to the
   Jan. 31, 1973;   House; committee structure; number   House by bill,
   93-1, H. Res.    and size of committees;              resolution, or
   132              jurisdiction; committee procedure;   otherwise (see
  Terminated Dec.   meetings, staffing, and facilities   H. Rept. 96-
   20, 1974;                                             866)
   reestablished
   1979; 96-1, H.
   Res. 118;
   records
   transferred to
   Committee on
   Rules, Apr. 1,
   1980
 
Communist
 Aggression
  Established      Seizure of Latvia and Estonia by     To report to the
   July 27, 1953;   the U.S.S.R.; treatment of the       House on its
   83-1, H. Res.    Baltic peoples during this period    study together
   346                                                   with
  Terminated Dec.                                        recommendations
   31, 1954                                              (see H. Rept.
                                                         83-2650); no
                                                         legislative
                                                         authority
 
Congressional
 Operations
  Established      Organization and operation of the    To report
   Mar. 28, 1977;   U.S. Congress; cooperation between   recommendations
   95-1, H. Res.    the Houses; relationship with        on subjects
   420              other branches of government         specified (see
  Terminated Jan.                                        H. Rept. 95-
   3, 1979                                               1843); no
                                                         legislative
                                                         authority
 
Congressional
 Pages
  Established      General welfare and education of     To report on the
   Sept. 30,        congressional pages                  results of its
   1964; 88-2, H.                                        investigations
   Res. 847                                              (see H. Rept.
  Terminated Jan.                                        88-1945); to
   4, 1965                                               make
                                                         recommendations
 

[[Page 257]]

 
Covert Arms
 Transactions
 with Iran
  Established      Investigation of the ``Iran-Contra   To report on the
   Jan. 7, 1984;    affair''; met jointly with Senate    results of its
   100-1, H. Res.   Select Committee                     investigations
   12                                                    (see H. Rept.
  Terminated Nov.                                        100-433)
   13, 1987
 
Crime
  Established May  All aspects of crime in the United   To report on its
   1, 1969; 91-1,   States; its elements, causes, and    investigation
   H. Res. 17       extent; reciprocity of               with
  Terminated June   information; urban crime             recommendations
   30, 1973                                              (see H. Rept.
                                                         93-358); no
                                                         legislative
                                                         authority
 
Energy
  Established      Message of the President dated Apr.  To report to the
   Apr. 21, 1977;   20, 1977, and other communications   House by bill
   95-1, H. Res.    relating thereto; bills or           or otherwise
   508              resolutions sequentially referred    (see H. Rept.
  Terminated Jan.   thereto                              95-543)
   3, 1979;
   jurisdiction
   transferred to
   Energy and
   Commerce, 97th
   Cong.
 
Ethics -
 Standards and
 Conduct of
 Members
  Established      Rules or regulations necessary or    To make
   Oct. 19, 1966;   desirable to ensure proper           recommendations
   89-2, H. Res.    standards of conduct by Members      to the House by
   1013             and by officers or employees of      report or
  Terminated Dec.   the House; reporting of statutory    resolution
   27, 1966;        violations
   standing
   Committee on
   Standards of
   Official
   Conduct
   created Apr.
   13, 1967
 
Ethics
  Established      Certain bills and resolutions        To report to the
   Mar. 9, 1977;    relating to ethical standards of     House on the
   95-1, H. Res.    Members contained in standing        measure
   383              rules; regulations relating          specified (see
  Terminated Jan.   thereto; advisory opinions           H. Rept. 95-
   3, 1979                                               1837); to
                                                         report
                                                         regulations; to
                                                         recommend
                                                         legislation
 

[[Page 258]]

 
Ethics
  Established      Continue investigation of a Member   To resolve the
   Jan. 7, 1997;    by the Committee on Standards of     inquiry and
   105-1, H. Res.   Official Conduct, begun in the       report to the
   5                prior Congress                       House (see H.
  Terminated Jan.                                        Rept. 105-1; H.
   21, 1997                                              Res. 31)
 
Export Controls
  Established      The Export Control Act of 1949;      To report on its
   Sept. 7, 1961;   assessment of accomplishments        investigation
   87-1, H. Res.    under that Act; improvements in      together with
   403              administration and enforcement;      any
  Terminated May    congressional oversight              recommendations
   31, 1962                                              (see H. Rept.
                                                         87-1753); no
                                                         legislative
                                                         authority
 
Foreign Aid
  Established      Basic needs of foreign nations and   To report to the
   July 22, 1947;   peoples; relief in terms of food     House as deemed
   80-1, H. Res.    and clothing; resources and          appropriate; no
   296              facilities; agencies                 legislative
  Terminated May                                         authority
   3, 1948
 
Government
 Research
  Established      Research programs of Federal         To report its
   Sept. 11,        agencies; expenditures for           findings to the
   1963; 88-1, H.   research programs; costs of          House with
   Res. 504         government research                  recommended
  Terminated Jan.                                        legislation
   3, 1965                                               (see H. Rept.
                                                         88-1143)
 
Homeland Security
  Established      Develop recommendations on such      To report its
   June 19, 2002;   matters that relate to the           recommendation
   107-2, H. Res.   establishment of a department of     to the House on
   449              homeland security as may be          a bill
  Terminated        referred to it by the Speaker and    establishing a
   after final      on recommendations submitted to it   department of
   disposition of   by standing committees to which      homeland
   specified bill   the Speaker referred a bill          security (see
   (Nov. 25,        establishing such department         H. Rept. 107-
   2002)                                                 609)
 

[[Page 259]]

 
Homeland Security
  Established      Develop recommendations on such      To report its
   Jan. 7, 2003;    matters that relate to the           recommendations
   108-1, H. Res.   Homeland Security Act of 2002 as     to the House by
   5                may be referred to it by the         bill or
                    Speaker; to conduct oversight of     otherwise on
                    laws, programs, and Government       matters
                    activities relating to homeland      referred to it
                    security; to conduct a study of      by the Speaker;
                    the operation and implementation     to report its
                    of the rules of the House,           recommendations
                    including rule X, with respect to    on changes to
                    homeland security                    House rules to
                                                         the Committee
                                                         on Rules
 
Hunger
  Established      International programs; world food   To conduct
   Feb. 22, 1984;   security; malnutrition; food         studies and
   98-2, H. Res.    production and distribution;         make
   15               agribusiness role                    recommendations
  Reestablished                                          about possible
   each Congress                                         legislation
   through 102-2
 
Intelligence
  Established      Proposals concerning the             To report to the
   Feb. 19, 1975;   intelligence and intelligence-       House on the
   94-1, H. Res.    related programs and activities of   nature and
   138              the U.S. Government; oversight;      extent of
  Terminated Feb.   proposed legislation and other       intelligence
   11, 1976;        matters relating to the CIA          activities of
   became                                                U.S.
   permanent                                             departments and
   select                                                agencies by
   committee,                                            legislation or
   July 14, 1977,                                        otherwise (see
   H. Res. 658                                           H. Rept. 94-
   (rule X clause                                        833)
   11; Manual
   Sec.  785)
 
Katyn Forest
 Massacre
  Established      The massacre of thousands of Polish  To report to the
   Sept. 18,        officers in the Katyn Forest in      House on
   1951; 82-1, H.   territory then under the control     completion of
   Res. 390         of the U.S.S.R.                      its hearings
  Terminated Dec.                                        (see H. Rept.
   22, 1952                                              82-2505); no
                                                         legislative
                                                         authority
 

[[Page 260]]

 
Lobbying
 Activities
  Established      Lobbying activities intended to      To submit
   Aug. 12, 1949;   influence legislation; activities    reports on the
   81-1, H. Res.    of Federal agencies intended to      results of its
   298              influence legislation                study (see H.
  Terminated end                                         Rept. 81-3239);
   of the 81st                                           no legislative
   Cong.                                                 authority
 
Narcotics Abuse
 and Control
  Established      International traffic in narcotics;  To report to the
   July 29, 1976;   prevention; enforcement; organized   House on its
   94-2, H. Res.    crime; drug abuse; treatment;        investigations;
   1350             rehabilitation                       no legislative
  Reestablished                                          authority
   each Congress
   through 102-2
 
Newsprint
  Established      Need for adequate supplies of        To submit
   Feb. 26, 1947;   newsprint and related products;      reports with
   80-1, H. Res.    production possibilities and         recommendations
   58               prospects                            (see H. Rept.
  Terminated Dec.                                        80-2471); no
   31, 1948                                              legislative
                                                         authority
 
Offensive and
 Undesirable
 Literature
  Established May  The extent to which books,           To report to the
   12, 1952; 82-    magazines, and comic books contain   House with
   2, H. Res. 596   immoral, obscene, or otherwise       recommendations
  Terminated Dec.   offensive matter; availability       , including
   31, 1952         through the U.S. mails; adequacy     recommendations
                    of existing laws                     for legislation
                                                         (see H. Rept.
                                                         82-2510); no
                                                         legislative
                                                         authority
 
Outer Continental
 Shelf
  Established      A bill relating to the management    To report the
   Apr. 12, 1975;   of oil and natural gas in the        bill and other
   94-1, H. Res.    Outer Continental Shelf; marine      legislation
   412              and coastal environments; certain    referred to it;
  Terminated Jan.   related matters on this subject on   transmit its
   3, 1979;         referral to it by the Speaker        findings and
   succeeded by                                          make a full
   another select                                        report to the
   committee on                                          House (see H.
   the same                                              Rept. 96-1214)
   subject (96-1,
   H. Res. 53),
   which
   terminated
   July 31, 1980
 

[[Page 261]]

 
Population
  Established      Causes of changing population        To report on the
   Sept. 28,        conditions; population               results of its
   1977; 95-1, H.   characteristics relative to          investigation
   Res. 70          limited resources; population        (see H. Rept.
  Terminated end    planning; global population-         95-1842); no
   of the 95th      related issues                       legislative
   Cong.                                                 authority
 
Professional
 Sports
  Established May  Need for legislation with respect    To report to the
   18, 1976; 94-    to professional sports               House on the
   2, H. Res.                                            results of its
   1186                                                  inquiry (see H.
  Terminated Jan.                                        Rept. 94-1786);
   3, 1977                                               no legislative
                                                         authority
 
Right of Member
 To Be Sworn In
  Established      The right of Adam Clayton Powell     To report to the
   Jan. 10, 1967;   (N.Y.) to be sworn in in the 90th    House within
   90-1, H. Res.    Congress and to a seat therein       five weeks (see
   1                                                     H. Rept. 90-
  Terminated Feb.                                        27); no
   23, 1967                                              legislative
                                                         authority
 
Small Business
  Established      Assistance to small business; small  Reported to the
   Dec. 4, 1941;    business protection; financial       House on
   77-1, H. Res.    aid; small business participation    results of its
   294              in Federal procurement               investigations;
  Reestablished                                          no legislative
   each Congress                                         authority
   until 1970;                                           before becoming
   became a                                              a standing
   standing                                              committee
   committee
   1975; 94-1, H.
   Res. 988; rule
   X clause 1;
   Manual Sec.
   736
 
Survivors'
 Benefits
  Established      Benefits provided under Federal law  To prepare such
   Aug. 4, 1954;    for dependents of deceased members   legislation; to
   83-2, H. Res.    and former members of the armed      report on the
   549              forces                               results of its
  Terminated Jan.                                        investigation
   15, 1956                                              (see H. Rept.
                                                         83-9282)
 

[[Page 262]]

 
Tax-exempt
 Foundations and
 Organizations
  Established      Educational and philanthropic        To report to the
   Apr. 4, 1952;    foundations and related              House on the
   82-2, H. Res.    organizations exempt from Federal    results of its
   561              income taxation; use of              investigation
  Terminated Dec.   foundations                          (see H. Rept.
   16, 1954                                              82-2681); no
                                                         legislative
                                                         authority
 
Transactions on
 Commodity
 Exchanges
  Established      Purchases and sales of commodities;  To report to the
   Dec. 18, 1947;   commodities for future delivery;     House on
   80-1, H. Res.    activities of Federal agencies and   completion of
   404              individuals therein as affecting     its
  Terminated Dec.   the price of commodities             investigation
   31, 1948                                              (see H. Rept.
                                                         80-2472); no
                                                         legislative
                                                         authority
 
U.S. Military
 Involvement in
 Southeast Asia
  Established      All aspects of U.S. military         To report on its
   June 8, 1970;    involvement in Southeast Asia        investigation
   91-2, H. Res.                                         (see H. Rept.
   976                                                   91-1276); no
  Terminated July                                        legislative
   6, 1970                                               authority
 
U.S. National
 Security and
 Military/
 Commercial
 Concerns with
 China
  Established      Investigate technology transfers to  To report on its
   June 18, 1998;   China; successor select committee    investigation
   105-2, H. Res.   assigned to produce unclassified     (see H. Rept.
   463;             version of report filed by           105-851)
   reestablished    predecessor committee                (declassified,
   Jan. 6, 1999,                                         in part,
   106-1, H. Res.                                        pursuant to H.
   5; extended                                           Res. 5 (106-
   Mar. 24, Apr.                                         1)); no
   29, May 13,                                           legislative
   1999, 106-1,                                          authority
   H. Res. 129,
   H. Res. 153,
   H. Res. 170
   (respectively)
  Terminated May
   31, 1999
 

[[Page 263]]

 
U.S. Servicemen
 Missing in
 Action in
 Southeast Asia
  Established      U.S. servicemen identified as        To report to the
   Sept. 11,        missing in action; recovery of       House on its
   1975; 94-1, H.   bodies of known dead;                investigation
   Res. 335         international inspection teams       (see H. Rept.
  Terminated Mar.                                        94-178); no
   13, 1977                                              legislative
                                                         authority
 
White County
 Bridge
 Commission
  Established May  Financial position of the White      To report to the
   25, 1955; 84-    County Bridge Commission; monies     House with
   1, H. Res. 244   received and expenditures made;      recommendations
  Terminated Apr.   anticipated toll-free use            (see H. Rept.
   25, 1956                                              84-2052); no
                                                         legislative
                                                         authority
 
World War II
 Veterans
  Established      Abuses in education, training and    To report on the
   Aug. 28, 1950;   loan guarantee programs of World     results of its
   81-2, H. Res.    War II veterans                      investigation
   474                                                   (see H. Rept.
  Terminated Feb.                                        2501); no
   2, 1951                                               legislative
                                                         authority
------------------------------------------------------------------------

  Sec. 14 . Joint Committees

                                 Generally

      Joint committees are composed of Members from both Houses. 
  Jefferson noted that joint committees were used by the two Houses of 
  the English Parliament. Manual Sec. 325. Since the First Congress, a 
  joint committee has been used to make arrangements for the 
  inauguration of the President and Vice President. Manual Sec. 1112; 3 
  Hinds Sec. 1986. The early congresses formed joint standing committees 
  on the Library and Printing, which exist to this day. Manual 
  Sec. Sec. 1110, 1111; 4 Hinds Sec. Sec. 4337, 4347. For a current list 
  of all joint committees, see Manual Sec. 1108-1112.
      Joint committees, or committees of the House and Senate acting 
  jointly, have been used to investigate problems relating to 
  immigration (4 Hinds Sec. 4415), to resolve a dispute relating to the 
  electoral count (3 Hinds Sec. 1953), and to investigate the revision 
  and codification of the laws (4 Hinds Sec. 4410).

[[Page 264]]

                    Jurisdiction, Functions, and Duties

      Joint committees are used for study and investigation, supervision 
  and oversight, and sometimes for purely ceremonial activities. Joint 
  committees generally function in areas beyond the jurisdiction of any 
  particular committee of either House. Deschler Ch 17 Sec. 7. Joint 
  committees may report to both Houses if so directed (4 Hinds 
  Sec. Sec. 4421, 4422), or to either House (4 Hinds Sec. 4432; 7 Cannon 
  Sec. 2167).
      A joint committee created by concurrent resolution may be 
  instructed by the two Houses acting concurrently or, if so authorized, 
  by either House acting independently. 4 Hinds Sec. 4421. However, a 
  joint committee created by statute is not susceptible to control by 
  one House; and its duties may not be enlarged or diminished by either 
  House acting independently. 7 Cannon Sec. 2164. A joint committee 
  created by concurrent resolution must be reestablished by a subsequent 
  Congress.

                            Composition; Voting

      Recent joint committees have featured an equal number of Members 
  from both Houses, with the chairmanship alternating between the House 
  and Senate, and with each member having one vote. Deschler Ch 17 
  Sec. 7.
      The table below shows the major joint committees that were 
  established during the post-1946 era, their composition, and their 
  jurisdiction and functions:
        

                            Joint Committees
------------------------------------------------------------------------
            Committees                   Jurisdiction and Functions
------------------------------------------------------------------------
Atomic Energy (18 mbrs)            Development, use, and control of
  Established 1946; 42 USC Sec.     atomic energy; to report legislation
 2251                               and make recommendations within its
  House mbrs: 9                     jurisdiction; legislative
  Senate mbrs: 9                    jurisdiction abolished 1977; 95-1,
  Terminated Jan. 4, 1977           H. Res. 5
 
Congressional Operations (10       Identification of court proceedings
 mbrs)                              affecting Congress; organization and
  Established 1970; 2 USC Sec.      operation of the Congress;
 Sec.  411-417                      supervision of the Office of
  House mbrs: 5                     Placement and Management; no
  Senate mbrs: 5                    legislative jurisdiction
  Inactive since 94th Cong.;
 Select Committee on
 Congressional Operations
 created, 95-1, H. Res. 420
 

[[Page 265]]

 
Defense Production (10 mbrs)       Review of programs established by the
  Established 1950; 50 USC App      Defense Production Act of 1950;
 Sec.  2161                         Federal emergency preparedness and
  House mbrs: 5                     mobilization policy; integrity of
  Senate mbrs: 5                    defense contracts and the
  Terminated Mar. 1, 1992; no       procurement process; to report to
 appointments after Sept. 30,       the House and Senate on its studies,
 1978                               with recommendations
 
Economic (20 mbrs)                 Economic Report by the President;
  Established 1946; 15 USC Sec.     means of promoting national policy
 1021                               on employment; short-term and medium-
  House mbrs: 10                    term economic goals; to report to
  Senate mbrs: 10                   the House and Senate (by March 1)
  (Manual Sec.  1108)               and to each Budget Committee (by
                                    March 15)
 
Housing (14 mbrs)                  Housing needs in U.S.; building
  Established 1947; H. Con. Res.    material shortages; building costs;
 104                                building codes and zoning laws;
  House mbrs: 7                     housing loans and insurance;
  Senate mbrs: 7                    veterans' preferences; findings to
  Terminated 80th Cong.             be reported to the House and Senate
 
Internal Revenue Taxation (10      Operation and effects of Federal
 mbrs)                              system of internal revenue taxation;
  Established 1926; 26 USC Sec.     to report to the Committee on Ways
 8002                               and Means, and, in its discretion,
  House mbrs: 5                     directly to the House
  Senate mbrs: 5
  (Manual Sec.  1109)
 
Library (10 mbrs)                  Management and expansion of the
  Established 1806; 2 USC Sec.      Library of Congress; rules and
 132b                               regulations for the government of
  House mbrs: 5                     the Library; development of Botanic
  Senate mbrs: 5                    Garden; gifts for the benefit of the
  (Manual Sec.  1110)               Library; statues and other works of
                                    art in the Capitol
 

[[Page 266]]

 
Organization of Congress (24       Organization and operation of
 mbrs)                              Congress; relationship between the
  Two separate joint committees     two Houses and between the Congress
  Established 1965; S. Con. Res.    and other branches of government;
 2                                  committees; to report to the House
  Established 1992; H. Con. Res.    and Senate
 192; (Reestablished Pub. L. No.
 102-392)
  House mbrs: 12
  Senate mbrs: 12
  Terminated Dec. 31, 1967
  Terminated Dec. 31, 1993
 
Printing (10 mbrs)                 Inefficiencies or waste in the
  Established 1846; 44 USC Sec.     printing, binding, and distribution
 901                                of government publications;
  House mbrs: 5                     arrangement and style of the
  Senate mbrs: 5                    Congressional Record; printing of
  (Manual Sec.  1111)               the legislative program for each
                                    day; listing of committee meetings
                                    and hearings
 
Washington Metropolitan Problems   Growth and expansion of the District
  Established 1957; H. Con. Res.    of Columbia and its metropolitan
 172                                area; effectiveness of agencies and
  Terminated 86th Cong.             instrumentalities concerned
                                    therewith; to report to the House
                                    and Senate
------------------------------------------------------------------------

                        D. Procedure in Committees


  Sec. 15 . Committee Rules; Applicable House Rules

                                 Generally

      House committees are required to follow the procedures prescribed 
  by the rules of the House ``so far as applicable.'' Rule XI clause 
  1(a); Manual Sec. 787. They are also bound by those provisions of 
  Jefferson's Manual that are consistent with the rules of the House. 
  Manual Sec. Sec. 792, 1104. Finally, they are bound by their written 
  rules which are adopted by each standing committee under rule XI 
  clause 2(a). Manual Sec. 791. Committee rules must be published in the 
  Congressional Record within 30 days after the committee is elected and 
  are compiled by the Committee on Rules each Congress as a committee 
  print. Manual Sec. 791. If a committee meets pursuant to a rule which 
  has not been published, the proceedings may be held insuffi

[[Page 267]]

  cient to support a perjury conviction for alleged false testimony 
  given to that committee. United States v. Reinecke, 524 F.2d 435 (D.C. 
  Cir. 1975).
      Rule XI clause 1(a)(2) states that each subcommittee of a 
  committee is a part of that committee and subject to its authority, 
  direction, and rules. However, rule XI clause 2 grants certain 
  authorities specifically to subcommittees, such as authorizing and 
  issuing subpoenas. See, e.g., rule XI clause 2(m). Certain other 
  authorities granted under, or prescribed by, rule XI clause 2 are not 
  specifically granted to subcommittees, but have been interpreted to 
  apply to subcommittees. See, e.g., rule XI clauses 2(c), 2(e), 
  2(g)(3), 2(g)(4), 2(h)(3), 2(i), 2(j), and 2(k).

                              Points of Order

      A point of order does not ordinarily lie in the House against 
  consideration of a bill by reason of defective committee procedures 
  occurring before the time the bill is ordered reported to the House. 
  Manual Sec. 792. Thus, a point of order that a measure was ordered 
  reported in violation of a committee rule requiring advance notice of 
  the committee meeting will not lie in the House--the interpretation of 
  committee rules being within the cognizance of the committee and not 
  the House. Manual Sec. 791.
      On the other hand, if a committee procedure directly violates a 
  rule of the House, or if a rule specifically permits, a point of order 
  may be raised in the House, which may result in the recommital of the 
  bill. Manual Sec. Sec. 792, 799. For example, a point of order against 
  a measure on the ground that the hearings on such measure were not 
  properly conducted as required by the rules may be raised in the House 
  by a committee member if the point of order was timely made and 
  improperly overruled or not properly considered in committee. Rule XI 
  clause 2(g)(5).
      A deficiency in a committee report may be the subject of a point 
  of order in the House. Manual Sec. Sec. 837-849. A committee report 
  that erroneously reflects the information required under rule XIII 
  clause 3--for example, that committee reports reflect the total number 
  of votes cast for and against any public measure or matter and any 
  amendment thereto and the names of those voting for and against--may 
  be subject to a point of order. Manual Sec. 839. This error may be 
  corrected by a supplemental report that need not be separately 
  available for three days. Manual Sec. 838.

[[Page 268]]

  Sec. 16 . Records, Files, and Transcripts; Disclosure and Disposition; 
            Member Access

                         Generally; Voting Records

      Each committee must keep a complete record of all committee 
  action. Manual Sec. 794. A meeting or hearing transcript must include, 
  under rule XI clause 2(e)(1), a substantially verbatim account of 
  remarks actually made. All committee records and files must be kept 
  separate from the office records of the member serving as chairman. 
  Manual Sec. 796.
      The record of committee action must include the votes on any 
  question on which a roll call vote is demanded, and the result of each 
  such vote must be made available by the committee for inspection by 
  the public. Manual Sec. 795. In addition, committee reports must 
  include all record votes on motions to report and on any amendments. 
  Manual Sec. 839.

                   Members' Right of Access; Disclosure

      Under rule XI clause 2(e), the records and files of a committee 
  are considered the property of the House and accessible to all Members 
  of the House. However, rule XI clause 2(e) includes an exception to 
  that rule for certain records of the Committee on Standards of 
  Official Conduct and rule X clauses 11(c) and 11(g) include exceptions 
  for the Permanent Select Committee on Intelligence. On one occasion 
  the House restricted access to executive session material of a 
  committee, notwithstanding rule XI clause 2(e), to members of the 
  committee and to such employees of the committee as were designated by 
  the chairman after consultation with the ranking minority member. 105-
  2, H. Res. 252, Sept. 11, 1998, p ____.
      Clause 2(e) does not entitle a Member to bring committee materials 
  into the well of the House and does not necessarily apply to records 
  within the possession of the executive branch that members of the 
  committee have been allowed to examine under limited conditions at the 
  discretion of the agency. Furthermore, committees may prescribe 
  regulations to govern the manner of access, such as limiting 
  examination of files to committee rooms or prohibiting the making of 
  photocopies. Manual Sec. 796.

             Use of Information Obtained in Executive Session

      Testimony or evidence taken in an executive session of a committee 
  is under the control of and subject to the regulation of the committee 
  and, under rule XI clause 2(k), cannot be released or made public 
  without the consent of the committee. Thus, although a Member's right 
  of access under rule XI clause 2(e) may allow him to examine executive 
  session materials in committee rooms, it does not permit him to copy 
  or take personal notes

[[Page 269]]

  from such materials, to keep such notes in his personal office files, 
  or to release such materials to the public without the consent of the 
  committee or subcommittee. Manual Sec. 796. Evidence or testimony 
  taken in executive session of a committee may later be made public by 
  vote of the committee. Deschler Ch 17 Sec. 22.2. A committee may take 
  such action even with respect to evidence or testimony taken in 
  executive session under rule XI clause 2(k)(5) that tended to degrade, 
  defame, or incriminate. Deschler Ch 17 Sec. 22.3. A committee may also 
  take such action with respect to threshold discussions held in 
  executive session under rule XI clause 2(g)(2)(B) to explore whether 
  evidence or testimony should be received in executive session.
      Rule XI clause 2(k)(7), which requires a majority of the committee 
  to constitute a quorum for closing a meeting or hearing, also requires 
  a full quorum to release or make public evidence or testimony received 
  in executive session. The chairman has no unilateral authority to 
  release such material. Under clause 2(k)(7), executive session 
  material may be released only when authorized by the committee, a 
  majority being present. Manual Sec. 803.
      Rule X clauses 11(c) and 11(g) provide that executive session 
  material transmitted by the Permanent Select Committee on Intelligence 
  to another committee of the House becomes the executive session 
  material of the recipient committee by virtue of the nature of the 
  material and the injunction of rule X clause 11(g), which prohibit 
  disclosure of such information to Members of the House except in a 
  secret session. Rule XI clause 3(b)(6) prohibits the public disclosure 
  of complaints or information received by the Committee on Standards of 
  Official Conduct except as specifically authorized by that committee 
  in each instance.
      Under rule VIII clause 6(b), minutes or transcripts of executive 
  sessions, or evidence received during such sessions, may not be 
  disclosed or copied in response to a subpoena. A subpoena duces tecum 
  requesting production of executive session records of a committee from 
  a prior Congress may be laid before the House pending a determination 
  as to its propriety. 97-1, Apr. 28, 1981, p 7603.

                     Disposition of Committee Records

      The House may adopt a resolution providing for the disposition of 
  the records and files of a select or other committee. On one occasion, 
  the House required that the files of a select committee be held intact 
  and turned over to a newly created committee with similar 
  jurisdiction. Deschler Ch 17 Sec. 19.3. On another occasion, the House 
  gave a select committee the authority to dispose of its records 
  consistent with the rules and laws concerning classified information. 
  106-1, sec. 2(f)(3), H. Res. 5, Jan. 6, 1999, p ____. Pursuant to that 
  authority the select committee transferred its records to the

[[Page 270]]

  Clerk and instructed the Clerk to grant access to those records only 
  with the approval of the chairman and ranking minority member of the 
  former select committee (so long as each remains a Member) and, 
  thereafter, with the approval of the Permanent Select Committee on 
  Intelligence. Manual Sec. 1112a. In the absence of specific 
  disposition by the House, rule VII clause 1 requires the chairman of 
  each committee to deliver to the Clerk all noncurrent records of the 
  committee. Manual Sec. 695. Rule VII clause 3 outlines the procedures 
  for the public release of noncurrent records.

               Reference in Debate to Transcripts or Minutes

      Under early decisions of the House, it was not in order in debate 
  to refer to the proceedings of a committee except as had been formally 
  reported to the House. 5 Hinds Sec. Sec. 5080-5083; 8 Cannon 
  Sec. Sec. 2485-2493; Deschler Ch 17 Sec. Sec. 20.1, 20.2. The 
  rationale for the early decisions was to protect the confidentiality 
  and independence of committee proceedings and to permit flexibility 
  and compromise in committee deliberations. 8 Cannon Sec. 2491. Today, 
  however, the rules require that committee meetings be open to the 
  public unless properly closed by vote of the committee, and 
  transcripts of committee proceedings are widely available. These 
  considerations mitigate against the application of the rule of 
  nondisclosure to meetings and hearings which are open to the public. 
  Manual Sec. 360; Deschler Ch 17 Sec. 20.1. On the other hand, it is 
  clear that the rule protecting committee proceedings from disclosure 
  in House debate is applicable to executive session proceedings. 8 
  Cannon Sec. 2493; Deschler Ch 17 Sec. 20. Thus, it has been held not 
  in order in debate in the House to refer to or quote from the minutes 
  of an executive session of a committee, unless the committee has voted 
  to make such proceedings public. Manual Sec. 319. The precedents 
  clearly prevent reference in debate to committee actions which impugn 
  the motives of committee members, whether or not by name. Deschler-
  Brown Ch 29 Sec. 54.3.


  Sec. 17 . Meetings

               Regular Meetings; Calling Additional Meetings

      Standing committees must fix regular meeting days. Manual 
  Sec. 793. These meeting days may be on a weekly, biweekly, or monthly 
  basis but must be at least once a month. Rule XI clause 2(b); Manual 
  Sec. 407. Additional meetings may be called by the chairman as he may 
  deem necessary, and a mechanism exists that allows a majority of the 
  committee to require that a special meeting be held to consider a 
  particular measure or matter. Manual Sec. 793. Where a committee has a 
  fixed date to meet, a quorum of the committee may convene on that date 
  without call of the chairman and

[[Page 271]]

  transact business regardless of his absence. Rule XI clause 2(d); 8 
  Cannon Sec. 2214. In the temporary absence of the chairman or vice 
  chairman designated by the chairman, the ranking majority member who 
  is present presides at the meeting. Rule XI clause 2(d).


  Sec. 18 . -- Consideration and Debate; Voting

                        Generally; Motion Practice

      Committees generally conduct their business under the five-minute 
  rule and may employ the ordinary motions and procedures which are in 
  order in the House under rule XVI clause 4, as well as those 
  procedures which are in order in the House as in the Committee of the 
  Whole. Manual Sec. Sec. 424, 427, 792, 911. These include:

     The reading for amendment by section as in the Committee of 
         the Whole and the reading of the measure and amendments thereto 
         in full. Manual Sec. 792.
     Dispensing with the first reading (in full) of a bill or 
         resolution if printed copies are available. Rule XI clause 
         1(a)(1)(B).
     Limiting the time for debate and the motion to limit debate 
         under the five-minute rule. Manual Sec. 792; 4 Hinds Sec. 4573.
     The motion for the previous question. Manual Sec. 994.
     Voting by the yeas and nays. 4 Hinds Sec. 4572.
     The motion to refer. Manual Sec. 916.
     The motion to lay on the table, but tabling an amendment also 
         carries the bill to the table. 3 Hinds Sec. 1737; 4 Hinds 
         Sec. 4568.
     The motion to reconsider. 4 Hinds Sec. Sec. 4570, 4571.
     The taking of an appeal from a decision of the Chair. 4 Hinds 
         Sec. 4569.
     The motion to recess from day to day. Manual Sec. 787.

      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). Rule XI clause 1(b)(2).

                               Proxy Voting

      Proxy voting in committees, once permitted under certain 
  conditions, was banned beginning in the 104th Congress under rule XI 
  clause 2(f). Manual Sec. 797.

                              Postponed Votes

      In the 108th Congress, rule XI clause 2(h) was amended to permit 
  each committee to adopt a rule authorizing the chairman of a committee 
  or subcommittee to postpone a record vote on the question of approving 
  a measure

[[Page 272]]

  or matter or on adopting an amendment. Proceedings may be resumed on a 
  postponed question at any time after reasonable notice. A committee 
  rule permitting such postponed votes must provide that when 
  proceedings resume on a postponed question, notwithstanding any 
  intervening order for the previous question, the underlying 
  proposition must remain subject to further debate or amendment to the 
  same extent as when the question was postponed.


  Sec. 19 . Hearings

                        Generally; Uses of Hearings

      The three most common uses of hearings held by the committees of 
  the House are: (1) to consider the enactment of a measure into law and 
  to provide a forum where information and opinions on the measure can 
  be presented; (2) to inform the House as to activities that may call 
  for legislation; and (3) to invoke the investigative powers of the 
  House as overseer of Federal programs and operations. Manual Sec. 256.
      Hearings have included such publicized investigations as the 
  Credit Mobilier Corporation bribery charge investigation of 1872 (2 
  Hinds Sec. 1286), the Un-American activities investigations beginning 
  in the 1930's (Deschler Ch 15 Sec. 1.32), the investigation of covert 
  arms transactions with Iran in 1988 (100-1, H. Res. 12, Jan. 7, 1987, 
  p 821), the investigation of political fundraising improprieties (105-
  1, H. Res. 167, June 20, 1997, p ____), and the investigation of 
  whether the impeachment of President Clinton was warranted (105-2, H. 
  Res. 581, Oct. 8, 1998, p ____).

                         Announcement of Hearings

      A chairman must announce a hearing at least one week in advance, 
  although the chairman and ranking minority member acting jointly, or 
  the committee by majority vote with a business quorum present, may 
  determine that there is good cause to begin the hearing sooner. In 
  such a case the chairman must make the announcement at the earliest 
  possible date. The announcement must be published in the Daily Digest 
  and made available in electronic form. Manual Sec. 798. The Committee 
  on Rules is exempted from this requirement.


  Sec. 20 . Hearings and Meetings as Open or Closed

                                 Generally

      All committee or subcommittee meetings and hearings must be open 
  to the public, including the media, unless the committee, in open 
  session with a majority present, votes to close all or part of the 
  remainder of the meeting or hearing on that day for one of the 
  permissible reasons stated in the rule.

[[Page 273]]

   Rule XI clause 2(g). Permissible reasons include national security, 
  the compromise of sensitive law enforcement information, violation of 
  a law or rule of the House, or a situation where testimony might 
  incriminate, defame, or degrade a person.
      Only members of the committee and such noncommittee Members, 
  staff, and departmental representatives as the committee may authorize 
  may be present at a meeting held in executive session. Rule XI clause 
  2(g)(1). A committee or subcommittee may not exclude from 
  nonparticipatory attendance noncommittee Members from a hearing unless 
  so authorized by the House. Rule XI clause 2(g)(2).
      A motion to close a committee meeting or hearing, like the motion 
  for a secret session in the House, is not debatable. Manual Sec. 969. 
  Under rule XI clause 2(g)(2)(D), all committees may vote to close a 
  hearing for one additional day. The Committees on Appropriations and 
  Armed Services and the Permanent Select Committee on Intelligence may 
  close a hearing for up to five additional, consecutive days. Manual 
  Sec. 798.

     Evidence or Testimony Tending to Defame, Degrade, or Incriminate

      Rule XI clause 2(k)(5) requires certain procedural steps whenever 
  a member of the committee asserts that evidence or testimony before a 
  committee hearing may tend to defame, degrade, or incriminate any 
  person or a witness so asserts for himself. Manual Sec. Sec. 798, 803. 
  A majority of those present may vote to (1) receive the evidence or 
  testimony in executive session under clause 2(k)(5) or (2) go into 
  executive session under rule XI clause 2(g)(2)(B) to hold threshold 
  discussions to explore whether the evidence or testimony may tend to 
  defame, degrade, or incriminate. To continue the hearing in open 
  session, a majority quorum of the committee or subcommittee must be 
  present to entertain a motion that the evidence or testimony is in 
  fact not defamatory, incriminating, or degrading and the committee 
  should proceed in open session. Such a motion requires a majority for 
  adoption. An opportunity to appear voluntarily must be afforded to the 
  witness in either case. Manual Sec. 803.
      A point of order may be raised against a privileged report of a 
  committee relating to the contemptuous refusal of a witness to testify 
  on the ground that the committee had violated rule XI clause 2(k)(5). 
  Deschler Ch 15 Sec. 15. If a witness appears in response to a subpoena 
  and, when called, properly asserts grounds for an executive session, 
  the committee must determine whether the testimony will tend to 
  defame, degrade, or incriminate, even though the witness may have 
  ignored a previous opportunity to appear voluntarily to testify. 
  However, the proper assertion must be made by the witness to the 
  committee. If the witness leaves the hearing room without

[[Page 274]]

  making any statement other than that he refuses to testify, the 
  committee is not obligated to go into executive session, because the 
  proceedings have not reached the point where the witness has demanded 
  that the committee determine whether the testimony would tend to 
  degrade, defame, or incriminate. The determination that evidence or 
  testimony may tend to degrade, defame, or incriminate lies with the 
  committee and not with the witness. Deschler Ch 15 Sec. 15.


  Sec. 21 . Quorum Requirements

                                 Generally

      Historically, a majority of a committee constituted a quorum for 
  the transaction of business. Manual Sec. 409; 4 Hinds Sec. Sec. 4540, 
  4552. Under current rule XI clause 2(h), committees may fix the quorum 
  required for the taking of testimony at a hearing to not less than two 
  and (except for Appropriations, Budget, and Ways and Means) may fix 
  the quorum for the conduct of business, other than the reporting of a 
  measure, at not less than one-third.
      Minimum quorum requirements for committees and subcommittees of 
  the House are as follows:
        

------------------------------------------------------------------------
         Action               Minimum Quorum         Rule XI Clause 2
------------------------------------------------------------------------
  To report a measure    A majority of the              (h)(1)
   or recommendation      committee, ``actually         Manual Sec.  799
                          present''
 
  To authorize and       A majority of the              (m)(2)
   issue a subpoena       committee                     Manual Sec.  805
 
  To close a meeting or  A majority of the              (g)(1), (2)
   hearing                committee                     Manual Sec.  798
 
  To make public         A majority of the              (k)(7)
   evidence taken in      committee                     Manual Sec.  803
   executive session
 
  To take evidence or    A majority of the              (k)(5)
   testimony in open      committee                     Manual Sec.  803
   session after
   assertion that it
   defames, degrades or
   incriminates
 
  To take testimony or   Two members                    (h)(2)
   receive evidence at                                  Manual Sec.  800
   hearing
 

[[Page 275]]

 
  To close a hearing     Two members                    (k)(5)
   where assertion of                                   Manual Sec.  803
   defamatory testimony
   or evidence is made
 
  To take any other      One-third of membership        (h)(3)
   action                                               Manual Sec.  800
------------------------------------------------------------------------

  Sec. 22 . -- In Ordering a Report to the House

                                 Generally

      A standing committee cannot validly report a measure unless the 
  report has been authorized at a formal meeting of the committee with a 
  quorum present. Rule XI clause 2(h); Manual Sec. 799; 8 Cannon 
  Sec. Sec. 2220-2222; Deschler Ch 17 Sec. 23.2.
      A point of order of no quorum may provoke a quorum call to obtain 
  the presence of a majority of the committee in the committee room. 
  Manual Sec. 799.

                          Contemporaneous Meeting

      The report is not valid unless authorized with a quorum of the 
  committee actually present at the time the vote is taken. Manual 
  Sec. 799. This rule is derived from Jefferson's Manual, which states 
  that a committee may act only when together--``nothing being the 
  report of the committee but what has been agreed to in committee 
  actually assembled.'' Manual Sec. 407. This requirement means that a 
  majority must be contemporaneously assembled when the question is put 
  or at some point while the vote is taken.
      Although Speakers have indicated that committee members may come 
  and go during the course of the vote if the roll call indicates that a 
  quorum was present, where it is admitted that a quorum was not in the 
  room at any time during the vote and the committee transcript does not 
  show a quorum acting as a quorum, the Chair will sustain the point of 
  order. 8 Cannon Sec. Sec. 2212, 2222. A poll of committee members by 
  telephone will not suffice. Deschler Ch 17 Sec. 23.2.

                        Obsolete ``Rolling Quorum''

      In the 103d Congress the rules were amended to permit a ``rolling 
  quorum'' by allowing a majority to be deemed present if the committee 
  records showed that a majority responded on a roll call vote on the 
  motion to report in question. 103-1, H. Res. 5, Jan. 5, 1993, p 49. 
  This language

[[Page 276]]

  was deleted in the 104th Congress, thus restoring the previous 
  requirement that a ``majority of the committee be actually present'' 
  at the time a measure is ordered reported. Unlike a House floor vote, 
  during which Members may come and go during the course of a vote, the 
  committee quorum rule, absent the old ``rolling quorum'' latitude, 
  means a committee cannot simply leave a vote open until a sufficient 
  number of Members have responded to their names.


  Sec. 23 . --  -- Points of Order

                                 Generally

      Unless a point of order is raised, the House assumes that reports 
  from committees are authorized with a quorum present. Deschler Ch 17 
  Sec. 23. Quorum issues raised by a point of order are often determined 
  on the basis of information in the report or supplied by the chairman 
  of the committee in question, and the Speaker may question the 
  chairman as to the circumstances of the meeting and the number of 
  committee members present at that meeting. Manual Sec. 799; Deschler 
  Ch 17 Sec. 23.5. Where the chairman admits that the bill was reported 
  when a quorum was not present, the point of order against the bill on 
  that ground will be sustained. Deschler Ch 17 Sec. 25.2. If the point 
  of order is sustained, the bill is automatically recommitted. Deschler 
  Ch 17 Sec. Sec. 23.2, 25.2.
      Where a bill is being considered under suspension of the rules, a 
  point of order will not lie against the bill on the ground that a 
  quorum was not present when the bill was reported from committee. 
  Deschler Ch 17 Sec. 24.8.
      The absence of a quorum at the time a ``clean'' bill is ordered 
  reported gives rise to a point of order on the House floor, even 
  though the chairman had been previously instructed by the committee to 
  report the bill. Deschler Ch 17 Sec. 23.6.

                                Timeliness

      A point of order that a bill was reported from a committee in the 
  absence of a quorum is properly raised in the House when the bill is 
  called up for consideration or pending the Speaker's declaration, or a 
  vote on a motion, that the House resolve itself into the Committee of 
  the Whole for the consideration of the bill. Deschler Ch 17 
  Sec. Sec. 24.2, 24.4. It has been ruled that such a point of order 
  comes too late if raised:

     After consideration of the bill has begun in the House. 8 
         Cannon Sec. 2223.
     After the House has resolved into the Committee of the Whole 
         for the consideration of the measure. Deschler Ch 17 Sec. 24.5.

[[Page 277]]

     After debate on the measure has started in the House. Deschler 
         Ch 17 Sec. 24.6.
     After adoption of the measure. Deschler Ch 17 Sec. 24.7.

      The point of order is premature and will not be entertained:

     Where a resolution providing for the consideration of the bill 
         is before the House. Deschler Ch 17 Sec. 24.2.
     Pending a unanimous-consent request to consider the measure 
         otherwise not privileged for consideration. 90-2, Oct. 11, 
         1968, p 30751.

      Rule XI clause 2(g)(5)(B) precludes a point of order against 
  consideration of a reported measure, on the ground that hearings on 
  such measure were conducted without a proper quorum, unless that point 
  was timely made and improperly disposed of in committee.


  Sec. 24 . Witnesses

                      Summoning Witnesses; Subpoenas

      Witnesses are summoned before a committee pursuant to authority 
  conferred on it by the House to send for persons or papers. 3 Hinds 
  Sec. 1750. Rule XI clause 2(m) permits committees and subcommittees to 
  issue a subpoena when authorized by a majority of the members voting, 
  a majority being present. This authority does not extend to other 
  subunits of a committee such as ``task forces.'' Full-committee 
  chairmen may authorize and issue subpoenas when that authority is 
  delegated by the full committee, either on an ad hoc basis or by 
  committee rule. Such subpoenas must be signed by the chairman of the 
  committee or by a member designated by the committee. Subpoenas issued 
  to persons are returnable at the committee or subcommittee. A subpoena 
  duces tecum, one that commands the production of documents, may 
  specify terms of return other than at a meeting or a hearing. Rule XI 
  clause 2(m)(3)(C).
      Rule XI clause 2(k)(5) requires committees and subcommittees to 
  afford any person who may be defamed, degraded, or incriminated by 
  testimony or evidence the opportunity to voluntarily appear as a 
  witness. That clause and clause 2(k)(6) also require committees and 
  subcommittees to dispose of requests from such person, or requests 
  made by committee members during hearings, to subpoena additional 
  witnesses. Such interlocutory requests can cover the full range of 
  persons and papers for which subpoenas may be authorized under clause 
  2(m).
      Under rule XI clause 2(m), compliance with a committee subpoena 
  may be enforced only as authorized by the House. This clause has been 
  interpreted to require authorization by the full House before a 
  subcommittee chairman may intervene in a lawsuit in order to gain 
  access to documents

[[Page 278]]

  subpoenaed by the subcommittee. In re Beef Industry Antitrust 
  Litigation, 589 F.2d 786 (5th Cir. 1979); see also Contempt. Clause 
  2(m) does not authorize a committee to conduct a deposition or 
  interrogatory before one Member or before staff of the committee. Such 
  authority must be conferred by separate action of the House. Manual 
  Sec. Sec. 800, 805.

                        Interrogation of Witnesses

      Under rule XI clause 2(j)(2)(A), questioning of a witness 
  appearing before a committee proceeds under the five-minute rule. Each 
  member must be given an opportunity to question a witness for five 
  minutes. Where more than one witness testifies in a ``panel,'' each 
  member is permitted to question each witness in the panel for five 
  minutes. Clauses 2(j)(2)(B) and 2(j)(2)(C) enable committees to permit 
  extended examinations of witnesses for 30 additional minutes by 
  designated members, or by staff, of each party.

                     Witnesses Called by the Minority

      Under rule XI clause 2(j)(1), whenever a hearing is conducted by a 
  committee on a measure or matter, the minority members on the 
  committee have the right to call witnesses of their own choosing to 
  testify on that measure or matter of a hearing for one day. Such a 
  request must be supported by a majority of the minority members and 
  submitted to the chairman before completion of the hearing. The 
  chairman may set the day under a reasonable schedule. Manual Sec. 802.

                                  Perjury

      It is a felony to give perjurious testimony before a congressional 
  committee. 18 USC Sec. 1621. It is a felony to make false, fictitious, 
  or fraudulent statements before any department or agency of the United 
  States, including congressional committees. 18 USC Sec. 1001. However, 
  the courts have ruled that the facts sought must be in aid of the 
  committee's legislative purpose. The committee may recall a witness 
  for additional testimony on a point already testified to, or question 
  him about a prior denial, or address questions to him which are not 
  clearly in aid of legislation, but a perjury indictment may not be 
  found on false testimony in response to questions which are not asked 
  for the purpose of eliciting facts material to the committee's 
  investigation. United States v. Cross, 170 F. Supp. 303 (D.D.C., 
  1959).
      A quorum of a committee must be present when testimony is given to 
  support a charge of perjury. Manual Sec. Sec. 343, 409, 803;  
  Christoffel v. United States, 338 U.S. 84 (1949). The absence of a 
  quorum of a committee at the time a witness willfully fails to produce 
  subpoenaed documents is not a valid defense in a prosecution for 
  contempt where the witness failed to raise

[[Page 279]]

  that objection before the committee. United States v. Bryan, 339 U.S. 
  323 (1950); United States v. Fleischman, 339 U.S. 349 (1950).

                         Use of Written Statements

      Under rule XI clause 2(g)(4), committees are encouraged to require 
  each prospective witness to file a written statement of proposed 
  testimony in advance and limit oral presentation to a summary thereof. 
  The committees also must require, to the greatest extent practicable, 
  nongovernmental witnesses who submit written statements to submit with 
  such statement curriculum vitae and disclosures of Federal grants or 
  contracts received over the previous three years. Under rule XI clause 
  2(k)(8) witnesses are permitted, at the discretion of the committee, 
  to submit brief, sworn statements in writing for inclusion in the 
  committee record.

                           Subpoena Duces Tecum

      Under rule XI clause 2(m)(3)(B), a subpoena for documents may 
  specify terms of return other than at a meeting or hearing of the 
  committee or subcommittee authorizing the subpoena, such as at 
  committee offices.

                               Witness Fees

      Rule XI clause 5 authorizes the Committee on House Administration 
  to establish the per diem and travel rates of reimbursement of 
  witnesses. Some committees, in their rules, prescribe procedures for 
  disbursing such fees, such as the signing of appropriate vouchers.


  Sec. 25 . -- Rights or Privileges of Witnesses

                     Generally; Under the Constitution

      Committee investigations must be conducted in accordance with the 
  Constitution, particularly the first, fourth, and fifth amendments. 
  Witnesses appearing at hearings cannot be compelled to give evidence 
  or testimony against themselves, cannot be subjected to unreasonable 
  search and seizure, and cannot have their first amendment freedoms of 
  speech, press, religion, or political belief and association abridged. 
  Watkins v. United States, 354 U.S. 178 (1957).

                 The Privilege Against Self-incrimination

      The privilege against self-incrimination may be invoked by a 
  person subpoenaed to testify or produce materials before a House 
  committee notwithstanding the fact that a congressional investigation 
  is not a ``criminal case'' in the conventional sense. 3 Hinds 
  Sec. Sec. 1699, 2514. The assertion of the privilege against self-
  incrimination need take no particular form, pro

[[Page 280]]

  vided the committee can reasonably be expected to understand it as an 
  attempt to invoke the privilege. Quinn v. United States, 349 U.S. 155 
  (1955). At the same time, a witness may waive the privilege by failing 
  to assert it, expressly disclaiming it, or testifying on the same 
  matters concerning which he later claims the privilege. Deschler Ch 15 
  Sec. 9. Thus, after testifying to an incriminating fact, a witness may 
  not refuse to answer more questions on the same subject on the ground 
  that such answers would further incriminate. Rogers v. United States, 
  340 U.S. 367 (1951).

                            Immunity Procedures

      A witness who refuses to testify before a congressional committee 
  on the basis of his privilege against self-incrimination may be 
  granted immunity by court order and, under certain conditions, 
  compelled to testify or provide information to the committee. 18 USC 
  Sec. Sec. 6002, 6005. Under the statute, the request for the court 
  order must have been approved by two-thirds of the entire membership 
  of the committee. The statute has been upheld as constitutional. 
  Application of U.S. Senate Select Committee on Presidential Campaign 
  Activities, 361 F. Supp. 1270 (D.D.C., 1973); see also 6 Cannon 
  Sec. 354.

                       Under the Rules of the House

      A witness appearing at a hearing before a committee of the House 
  is entitled to certain rights or privileges under the rules of the 
  House. Rule XI clause 2(k); Manual Sec. 803. Under these rules, a 
  witness is entitled:

     To a copy of the committee rules (upon request).
     To be accompanied by counsel to advise on constitutional 
         rights.
     To seek a closed hearing if the evidence or testimony tends to 
         defame, degrade, or incriminate him.
     To submit requests for committees to subpoena additional 
         witnesses.
     To submit brief and pertinent sworn statements in writing for 
         inclusion in the committee record (at discretion of committee).
     To a transcript of his testimony if given in an open hearing.

      Although the applicable rule permits witnesses to have counsel at 
  hearings to advise on constitutional rights, it is the witness, not 
  counsel, who has ultimate responsibility for protecting his rights and 
  invoking the procedural safeguards guaranteed under the rules of the 
  House. The attorney for the witness may not, as a matter of right, 
  present argument or make demands on the committee. Deschler Ch 15 
  Sec. 14.3.

[[Page 281]]

  Sec. 26 . -- Proceedings Against Recalcitrant Witnesses

      An individual who fails or refuses to comply with a House subpoena 
  may be cited for contempt of Congress. The Supreme Court has found the 
  subpoena power to be an ``indispensable ingredient'' of the 
  legislative powers granted to Congress by the Constitution. Eastland 
  v. United States Servicemen's Fund, 421 U.S. 491 (1975). Although the 
  Constitution does not expressly grant Congress the power to punish 
  witnesses for contempt, that power has been deemed an inherent 
  attribute of the legislative authority of Congress. See Anderson v. 
  Dunn, 19 U.S. 204 (1821). To supplement this inherent power, the 
  Congress in 1857 adopted an alternative statutory contempt procedure. 
  Under this statute, the House may certify to the appropriate U.S. 
  Attorney the witness's refusal to comply with a congressional 
  subpoena. House certification is effected by its adoption of a report 
  from the committee where the refusal took place. The contempt is 
  punishable by fine and imprisonment. 2 USC Sec. Sec. 192, 194. For 
  comprehensive discussion, see Contempt; Manual Sec. Sec. 293-299.


  Sec. 27 . Media Coverage of Hearings and Meetings

      Rule XI clause 4 requires that open committee hearings and 
  meetings be open to audio, video, and photographic coverage by 
  accredited press representatives. Manual Sec. Sec. 807-812. The rule 
  also requires committees to adopt written rules to govern such 
  coverage within certain parameters set forth in the rule.


                           E. Committee Reports


  Sec. 28 . In General

              Necessity of Report; Chairman's Duty to Report

      Under rule XIII clause 2 (first adopted in 1880), a bill reported 
  from a committee must be accompanied by a written report. Manual 
  Sec. 833. Reported bills that are not accompanied by a written report 
  are not placed on a calendar. 8 Cannon Sec. 2783.
      The report of a committee is in the nature of argument or 
  explanation. The report on a legislative measure does not itself come 
  before the House for amendment or other specific action. 4 Hinds 
  Sec. 4674; Deschler Ch 17 Sec. 58. The Speaker makes no determinations 
  as to the sufficiency of a report beyond specific requirements of 
  House rules. 2 Hinds Sec. 1339.
      It is the duty of each committee chairman to ``promptly'' report 
  measures approved by the committee to the House. Rule XIII clause 
  2(b)(1);

[[Page 282]]

  Manual Sec. 834. Under this rule, if the report on such a measure is 
  not filed by the chairman of the committee, a majority of its members 
  may file a written request for the filing of the report. Within seven 
  calendar days (exclusive of the days on which the House is not in 
  session) after the filing of the request, the committee report itself 
  is to be filed. Excepted from this rule are certain reports of the 
  Committee on Rules and reports on resolutions of inquiry. Manual 
  Sec. 835.

                    Committee Authorization or Approval

      When a committee concludes consideration of a bill, a motion to 
  order the measure reported is in order. 4 Hinds Sec. 4667. In this 
  respect, the House has adhered to the principle that the reporting of 
  a measure must be authorized by the committee acting together at a 
  formal meeting of the committee with a quorum present. Rule XI clause 
  2(h)(1); Manual Sec. 407; 4 Hinds Sec. 4585; 8 Cannon Sec. Sec. 2221, 
  2222, 2249.
      Objection being made that the text of a report does not reflect 
  the actions of a committee, the question as to the reception of the 
  report may be submitted to the House. 4 Hinds Sec. 4591. If a bill is 
  held to be improperly reported, the bill is not entitled to a place on 
  the calendar. 4 Hinds Sec. 3117. After the House has voted to consider 
  a bill or after consideration has begun in the House, it is too late 
  to raise the question of authorization or to question the validity of 
  the committee's action in reporting the bill. 4 Hinds Sec. Sec. 4598, 
  4599; 8 Cannon Sec. Sec. 2223, 2225.
      The rules of the House do not require that committees separately 
  approve legislative reports. A point of order that a committee did not 
  vote to approve a report as required by the rules of the committee is 
  properly made in committee and not in the House. Deschler Ch 17 
  Sec. 58.5.

                                Recommittal

      The failure of a committee report to comply with the rules of the 
  House, such as the reporting requirements contained in rule XIII, may 
  result in automatic recommittal of the bill if a point of order is 
  sustained. See, e.g., 8 Cannon Sec. 2237. Under rule XIII clause 
  3(a)(2), a committee may file a supplemental report to correct 
  technical errors in its initial report. Such supplemental report is 
  subject to a new three-day availability under rule XIII clause 4(a), 
  except that a supplemental report only correcting errors in the 
  depiction of record votes under rule XIII clause 3(b) is not subject 
  to such availability requirement. If the bill is recommitted because 
  of a defective report, further proceedings are de novo and all 
  committee formalities necessary to the first report are likewise 
  necessary to authorize a second report. 8 Cannon Sec. 2221.

[[Page 283]]

                      Adverse or Unfavorable Reports

      A committee may report a bill adversely, even though the committee 
  originated the bill. Manual Sec. 832; 4 Hinds Sec. 4659. A committee 
  may also report a bill to the House with no recommendation for action. 
  4 Hinds Sec. Sec. 4661, 4662. If the committee is unable to agree on a 
  recommendation for action, it may submit a statement of this fact in 
  the report (4 Hinds Sec. 4665), in which case the report may include 
  minority views alone (2 Hinds Sec. 945) or simply set forth the 
  propositions representing the opposing contentions (3 Hinds Sec. 2497; 
  4 Hinds Sec. 4664). Motions to report favorably, unfavorably, or with 
  no recommendation have no priority over each other in committee and 
  are not in order as amendments to each other.

                  Multiple Reports; Supplemental Reports

      The report of a committee must be confined to a single volume, and 
  ordinarily only one report is filed on each bill. Sec. 29, infra. 
  Indeed, it has been held that two reports may not be filed from the 
  Committee on Rules to accompany the same rule or order of business. 
  Deschler Ch 17 Sec. 58.2.
      However, rule XIII clause 3(a)(2) permits the filing of a 
  supplemental report to correct a technical error in a previous report, 
  and unanimous consent is not required. Deschler Ch 17 Sec. 64.1. The 
  authority to file a supplemental report to correct a technical error 
  in a previous report does not include the authority to file a 
  supplemental report (1) to correct the failure of a committee to 
  comply at all with the reporting requirements set forth in rule XIII 
  (such as the requirement to include a committee cost estimate); (2) to 
  change a statement of legislative intent contained in the initial 
  report (Deschler Ch 17 Sec. 64.1 (note)); (3) to include additional 
  views not timely submitted for inclusion with the report; or (4) to 
  outline substantive interpretations of a previously reported bill. In 
  those cases, unanimous consent is required for a committee to file a 
  supplemental report. In any case, a supplemental report is subject to 
  the three-day layover requirement under rule XIII clause 4(a) unless 
  it only corrects errors in the depiction of record votes. Rule XIII 
  clause 3(a)(2).

             Reporting Bills with Amendments; ``Clean'' Bills

      A committee may report a bill with sundry amendments for the 
  consideration of the House. Where a bill has been extensively amended 
  in the committee, its members may instruct the chairman to incorporate 
  the changes into an amendment in the nature of a substitute or to 
  introduce a ``clean'' bill, which reflects the committee's action. If 
  the latter course is chosen, the new bill must be introduced through 
  the hopper. In either case,

[[Page 284]]

  the committee cannot vote to report until it has the perfected text 
  before it. Deschler Ch 17 Sec. 23.6.


  Sec. 29 . Form and Contents of Report

      Rule XIII governs the form and content of committee reports. Rule 
  XIII clauses 2(a) and 3(a), respectively, require that committee 
  reports be printed and confined to a single volume. Verbal statements 
  will not be received in the House as the report of a committee. 4 
  Hinds Sec. Sec. 4654, 4655.
      Under rule XIII, a report on any measure or matter shall include:

     Minority, supplemental, or additional views if properly 
         submitted. Clause 3(a).
     The total number of record votes cast in committee for or 
         against the reporting of the measure or matter and on any 
         amendment thereto, and the names of those voting for or 
         against. Clause 3(b).
     Oversight findings and recommendations required pursuant to 
         clause 2(b)(1) of rule X. Clause 3(c)(1).
     A statement of performance goals and objectives. Clause 
         3(c)(4).

      Under rule XIII, a report on any public bill or joint resolution 
  shall include:

     A statement describing fiscal ramifications of the measure as 
         required by section 308 of the Congressional Budget Act of 
         1974, if the measure provides new budget authority or new or 
         increased tax expenditures. Clause 3(c)(2).
     An estimate and comparison required under section 402 of the 
         Congressional Budget Act as to the costs anticipated in 
         carrying out the bill or joint resolution over specified 
         periods of time, if timely submitted. Clause 3(c)(3).
     A statement citing constitutional authority of Congress to 
         enact the bill or joint resolution. Clause 3(d)(1); Manual 
         Sec. 841.
     An estimate by the committee of the costs incurred in carrying 
         out the bill or joint resolution in the fiscal year it is 
         reported and in each of five following fiscal years (which may 
         be satisfied by including a section 402 estimate). Clause 
         3(d)(2).
     A comparative print indicating changes in existing law (the 
         Ramseyer Rule). Clause 3(e); Sec. 30, infra.

      Rule XIII clause 3(f) requires a report of the Committee on 
  Appropriations on a general appropriation bill to include:

     A description of the effect of any provision of the 
         accompanying bill that changes the existing law.
     A list of unauthorized appropriations contained in the bill.
     A list of rescissions and transfers.


[[Page 285]]



      In addition, clause 3(f)(2)(A) requires an appropriation bill or 
  joint resolution to include separate headings for ``Rescissions'' and 
  ``Transfers of Unexpended Balances'' contained in the bill or joint 
  resolution.
      Rule XIII clause 3(g) requires a report of the Committee on Rules 
  on a resolution proposing to repeal or amend a standing rule of the 
  House to include a ``Ramseyer'' comparison of the proposed text with 
  the existing rule. Sec. 30, infra.
      Rule XIII clause 3(h) requires a report of the Committee on Ways 
  and Means on a measure proposing to amend the Internal Revenue Code of 
  1986 to include (or to be printed in the Congressional Record by the 
  chairman of the Committee on Ways and Means before consideration) a 
  ``tax complexity analysis'' and a ``macroeconomic impact analysis'' 
  prepared by the Joint Committee on Internal Revenue Taxation.
      Reports are also required to contain identification and cost-
  estimates of Federal mandates under the Unfunded Mandates Reform Act 
  of 1995 (Manual Sec. Sec. 843, 1127) and a description of the 
  applicability of the measure to the Legislative Branch under the 
  Congressional Accountability Act of 1995 (Manual Sec. 842).


  Sec. 30 . Comparative Prints; The Ramseyer Rule

                                 Generally

      Rule XIII clause 3(e), the Ramseyer rule, was first incorporated 
  into the House rules in 1929. It was named for its author, C. William 
  Ramseyer. 8 Cannon Sec. 2234. This rule provides that whenever a 
  committee reports a measure repealing or amending a statute, the 
  committee report must include the text of the statute and a 
  comparative print showing the proposed omissions and insertions by 
  stricken-through type and italics, parallel columns, or other 
  appropriate typographical devices. The purpose of the rule is to 
  inform Members of any changes in existing law by the proposed 
  legislation. Deschler Ch 17 Sec. 60.
      The Ramseyer rule requires that the statute proposed to be amended 
  be quoted in the report; it is not sufficient that it is incorporated 
  in the bill. 8 Cannon Sec. 2238. However, a comparative print need 
  only be prepared for the affected part of the law. Deschler Ch 17 
  Sec. 60.6. If the bill amends existing law by the addition of a 
  proviso, the report should quote in full the section immediately 
  preceding the proposed amendment. 8 Cannon Sec. 2237.
      Where a committee reports a bill with amendments, the comparative 
  print required by the rule must show the changes in existing law 
  proposed by the bill as amended, rather than by the bill as 
  introduced. Deschler Ch 17 Sec. 60.4. Where there has been a multiple 
  referral of a measure to two or

[[Page 286]]

  more committees, each committee need only Ramseyer the changes it 
  recommends and not the changes recommended by the other committees. 
  Manual Sec. 816.

                            Application of Rule

      To fall within the purview of the Ramseyer rule, a bill must 
  repeal or amend a statute in terms, and a general reference to the 
  subject treated in a statute without the proposition of a specific 
  amendment is not sufficient. 8 Cannon Sec. 2235. Provisions in a bill 
  which merely waive certain statutory requirements or grant an 
  exemption therefrom are not specifically amendatory of existing law 
  and therefore are not subject to the Ramseyer rule requirements. 
  Deschler Ch 17 Sec. 60.7. Thus, the Ramseyer rule has been held 
  inapplicable to a joint resolution extending the period for State 
  ratification of a constitutional amendment submitted to the States, 
  where the resolution did not specifically change the deadline for 
  ratification, but merely extended the period ``notwithstanding'' any 
  provision in the prior law. 95-2, Aug. 15, 1978, p 26204. A point of 
  order will not lie against a committee report merely because the 
  comparative print required by the Ramseyer rule includes laws which 
  are not affected by the reported bill but which are included to give 
  full information to the Members. Deschler Ch 17 Sec. 60.3.
      The Ramseyer rule is applicable whenever a committee reports a 
  bill repealing or amending ``a statute or part thereof.'' Manual 
  Sec. 846. Thus, the rule is not applicable to:

     A bill changing the rules of evidence for the District of 
         Columbia courts. Deschler Ch 17 Sec. 6.8.
     Bills discharged from a committee (as distinguished from bills 
         reported by a committee). Deschler Ch 17 Sec. 60.10.
     Bills amending simple resolutions. 8 Cannon Sec. 2239.

      The Ramseyer rule is not applicable to reports accompanying simple 
  resolutions. 93-2, Sept. 30, 1974, p 32956. However, a Ramseyer-type 
  comparative print is required under rule XIII clause 3(g) whenever the 
  Committee on Rules reports a resolution proposing to repeal or amend a 
  standing rule of the House or part thereof. This clause does not apply 
  to resolutions that merely provide temporary waivers of rules during 
  the consideration of particular legislative business and does not 
  apply to a resolution providing for the consideration of a bill with 
  textual modifications that would effect certain changes in House rules 
  on enactment of the bill into law but not itself repealing or amending 
  any rule. Manual Sec. 848.
      The Ramseyer rule applies to general appropriation bills where 
  such bills include legislative provisions. 8 Cannon Sec. 2241. General 
  appropriation

[[Page 287]]

  bills are also subject to a separate rule requiring that the report 
  contain a statement of the effect of any changes in existing law. Rule 
  XIII clause 3(f).

                          Substantial Compliance

      A Ramseyer rule violation may occur even though the bill in 
  question proposes but one minor and obvious change in existing law. 8 
  Cannon Sec. 2236. Under the doctrine of substantial compliance, 
  however, the Speaker has overruled Ramseyer points of order on the 
  rationale that the committee had substantially complied with the 
  requirements of the rule and that deviations were minor and 
  inconsequential. Deschler Ch 17 Sec. Sec. 60.11-60.14. Thus, the 
  Speaker has upheld a report, even though it contained errors in 
  typography and punctuation and failed to indicate a relatively 
  insignificant date change. Deschler Ch 17 Sec. 60.14.

                              Points of Order

      The point of order that a report fails to comply with the Ramseyer 
  rule is properly made when the bill is called up in the House and 
  before the House has resolved into the Committee of the Whole for its 
  consideration. 8 Cannon Sec. Sec. 2243, 2245; Deschler Ch 17 
  Sec. Sec. 60.15-60.18. The point of order does not lie in the 
  Committee of the Whole. Deschler Ch 17 Sec. 60.16. Thus, the proper 
  time to raise the point of order is when the motion is made to go 
  into, or the Speaker declares the House resolved into, the Committee 
  of the Whole to consider the bill. If that motion is withdrawn, the 
  Chair is not obliged to rule on the point of order. Manual Sec. 905. 
  When a point of order is raised that a report is in violation of the 
  Ramseyer rule, it is incumbent on the proponent of the point of order 
  to cite the specific statute which will be amended by the pending 
  bill. 8 Cannon Sec. 2246.
      Compliance with the Ramseyer rule may be waived by unanimous 
  consent or by special rule. Deschler Ch 17 Sec. Sec. 60.19, 60.20. 
  However, a special order providing for the consideration of a bill, 
  unless specifically waiving points of order, does not preclude the 
  point of order that the report on such a bill fails to comply with the 
  Ramseyer rule. 8 Cannon Sec. 2245.

                     Recommittal; Supplemental Report

      Technical defects in a Ramseyer may be remedied by a supplemental 
  report, which may be filed with the Clerk under rule XIII clause 
  3(a)(2) without unanimous consent. 8 Cannon Sec. 2247. Two remedies 
  are available to the Chair when he sustains a point of order for 
  failure to comply with the Ramseyer rule. The Chair may recommit the 
  bill to the respective committees reporting it. 8 Cannon Sec. 2237; 
  Deschler Ch 17 Sec. 60.2. This was the automatic remedy before the 
  adoption of rule XIII clause 3(a)(2). When a

[[Page 288]]

  bill was recommitted for failure to conform to the rule, further 
  proceedings were de novo and the bill was considered again and 
  reported by the committee as if no previous report had been made. 8 
  Cannon Sec. 2249. In the alternative, the Chair may announce that 
  consideration of the bill must await the filing of a supplemental 
  report under clause 3(a)(2) to cure the defect. The latter remedy is 
  most suitable where the violation is merely technical.


  Sec. 31 . Printing; Referral to Calendars

                                 Generally

      Unless a report is privileged for immediate consideration, it is 
  delivered to the Clerk for printing and reference to the proper 
  calendar under the direction of the Speaker. Manual Sec. 831; Sec. 33, 
  infra. Privileged reports are filed from the floor while the House is 
  in session and referred to the appropriate calendar and ordered 
  printed by the Speaker. Deschler Ch 17 Sec. 58.
      Referrals, including sequential referrals, see Bills and 
  Resolutions.

                              Adverse Reports

      Under rule XIII clause 2(a)(2), a bill reported adversely is laid 
  on the table unless the reporting committee or a Member requests the 
  Clerk to refer the bill to a calendar. Nonprivileged reports on 
  resolutions adversely reported are not printed unless a request is 
  made that they be referred to a calendar. Deschler Ch 17 Sec. 59.1. 
  However, reports on resolutions of inquiry, are considered privileged, 
  are reported as such, whether favorable or adverse, and are printed 
  and referred. Manual Sec. 864; see also Calendars.

                            Correcting an Error

      A ``star print'' is a reprint of a committee report or reported 
  bill to correct errors in the first printing of the report. A ``star 
  print'' may be authorized by the Speaker to correct an error made by 
  the Government Printing Office. 95-2, June 23, 1978, p 18806. A 
  committee may correct a technical error in its report by filing a 
  supplemental report under rule XIII clause 3(a)(2). Sec. 28, supra.


  Sec. 32 . Supplemental, Minority, and Additional Views

      The members of a committee who are in the minority may not present 
  a proposition of legislation but have the right to file views to 
  accompany the report. 4 Hinds Sec. Sec. 4601-4605. Unless filed with 
  the report, minority views may be presented only by consent of the 
  House. 4 Hinds Sec. 4600; 8 Cannon Sec. 2231.

[[Page 289]]

      Rule XI clause 2(l) entitles a member of the committee who gives 
  notice to two additional calendar days to file with the clerk of the 
  committee supplemental, additional, or minority views. The member must 
  give notice at the time of the approval of the report. The two 
  calendar days begin the day after the measure is ordered reported and 
  do not count Saturdays, Sundays, and legal holidays except when the 
  House is in session. Such views must be in writing and signed by the 
  submitting member. Manual Sec. 804. If one member makes a timely 
  request for filing views, all other members of the committee may 
  submit views for inclusion in the report up to the time that member 
  submits his views. Deschler Ch 17 Sec. 64. Views may also be called 
  ``separate,'' ``concurrent,'' or ``dissenting.''
      Under rule XIII clause 2(c), views submitted under rule XI clause 
  2(l) must be included in, and must be part of, the report. Under rule 
  XIII clause 3(a), the cover of the report must recite the inclusion of 
  such views. When the two additional days guaranteed by rule XI clause 
  2(l) expire, the committee may arrange to file its report with the 
  Clerk not later than one hour after the expiration of such time, even 
  if the House is not in session. Rule XIII clause 2(c).


  Sec. 33 . Filing Reports

      Nonprivileged reports are filed by delivering them to the Clerk 
  for reference to the calendars under the direction of the Speaker. 
  Manual Sec. 831. Privileged reports are filed from the floor and 
  referred to the appropriate calendar by the Speaker. Manual Sec. 853; 
  Deschler Ch 17 Sec. 58.
      Ordinarily, a committee report on a bill or other measure reported 
  to the House must accompany the reported measure. Manual 
  Sec. Sec. 831, 853. Except as provided in rule XIII clause 2(c), 
  unanimous consent is required to file a committee report when the 
  House is not in session, and such permission may not be obtained by 
  motion. Manual Sec. 418; Deschler Ch 17 Sec. 62; Sec. 32, supra.
      The House may extend the time for a select committee to file a 
  report pursuant to a simple resolution (105-1, H. Res. 170, May 13, 
  1999, p ____) or by agreement to a unanimous-consent request (94-2, 
  Aug. 2, 1976, p 25086). An extension of time to file has been given to 
  a joint committee pursuant to a joint resolution and to a unanimous-
  consent request agreed to in each House. Deschler Ch 17 
  Sec. Sec. 62.10, 62.11.

[[Page 290]]

  Sec. 34 . Calling Up; Time to Report

            Privileged and Nonprivileged Reports Distinguished

      Certain committee reports may be called up as privileged under the 
  rules and precedents of the House. If privileged, a report may be 
  filed from the floor at any time; its consideration is preferential 
  and does not require a special rule from the Committee on Rules. 
  Deschler Ch 17 Sec. 63. The report may be privileged even though the 
  measure in question is reported adversely. 6 Hinds Sec. 413; 8 Cannon 
  Sec. 2310; Deschler Ch 17 Sec. 63.3.
      Privileged status is accorded to:

     Reports on Presidential vetoes. Deschler Ch 17 Sec. Sec. 63.1, 
         63.2.
     Reports on impeachments and matter incidental thereto. 
         Deschler Ch 17 Sec. 63.3.
     Reports on questions involving the privileges of the House, 
         such as reports relating to the refusal of a witness to testify 
         or produce documents. Deschler Ch 17 Sec. Sec. 63.4-63.7.
     Reports by those committees specified by rule XIII clause 5 to 
         report at any time on particular matters, subject to applicable 
         layover requirements. Manual Sec. 855.
     Reports which may be reported at any time by specific 
         authorization of a House resolution. Deschler Ch 17 Sec. 63.10.
     Reports on measures which may be reported at any time pursuant 
         to statute, as in the case of certain resolutions of 
         disapproval. Manual Sec. 1130; Deschler Ch 17 Sec. 63.11 
         (note).

      As noted above, certain committees are, under rule XIII clause 5, 
  given leave to report at any time on matters particularized in the 
  rule. Manual Sec. Sec. 853, 855. This privilege to report at any time 
  does not extend to matters not specified by the rule. 4 Hinds 
  Sec. 4622; 8 Cannon Sec. 2286. The committees with leave to report at 
  any time on specified matters under this rule are shown in the table 
  below:

 
                                                         Eligible
                                                          Matters
                           Committee                        and
                                                         Measures
 
        Rules                                            Rules,
                                                          joint
                                                          rules,
                                                          and the
                                                          order
                                                          of
                                                          busines
                                                          s.
 
        Appropriations                                   General
                                                          appropr
                                                          iation
                                                          bills,
                                                          certain
                                                          joint
                                                          resolut
                                                          ions
                                                          continu
                                                          ing
                                                          appropr
                                                          iations
                                                          , but
                                                          not
                                                          appropr
                                                          iations
                                                          for
                                                          specifi
                                                          c
                                                          purpose
                                                          s (8
                                                          Cannon
                                                          Sec.  2
                                                          285)
 

[[Page 291]]

 
        Budget                                           Matters
                                                          under
                                                          titles
                                                          III and
                                                          IV of
                                                          the
                                                          Congres
                                                          sional
                                                          Budget
                                                          Act of
                                                          1974
 
        House Administration                             Enrolled
                                                          bills;
                                                          electio
                                                          n
                                                          contest
                                                          s;
                                                          printin
                                                          g;
                                                          noncurr
                                                          ent
                                                          House
                                                          records
                                                          ;
                                                          expendi
                                                          tures
                                                          of
                                                          applica
                                                          ble
                                                          account
                                                          s of
                                                          the
                                                          House
 
        Standards of Official Conduct                    Certain
                                                          resolut
                                                          ions
                                                          recomme
                                                          nding
                                                          action
                                                          with
                                                          respect
                                                          to a
                                                          Member,
                                                          officer
                                                          , or
                                                          employe
                                                          e
 

      The right to report at any time is said to carry with it the right 
  to consideration at any time (4 Hinds Sec. 3131), subject to 
  applicable layover requirements (see Sec. 35, infra). However, such 
  right does not exist when in conflict with other rules of the House. 8 
  Cannon Sec. 2291. Measures reported under a leave to report at any 
  time yield to matter enjoying a higher privilege in the order of 
  business, to questions of privilege (Manual Sec. 854; 6 Cannon 
  Sec. 557), and to measures already given a priority by a special order 
  (4 Hinds Sec. Sec. 3175, 3176).
      Where a committee has been given the privilege of reporting at any 
  time with respect to a certain matter, it may report Senate bills as 
  well as House bills under the privileged status given. Deschler Ch 17 
  Sec. 63.10.
      Generally, nonprivileged reports are made by delivering them to 
  the Clerk. Manual Sec. 831. Reports privileged under the rules must be 
  made from the floor. Manual Sec. 853; 4 Hinds Sec. 3146; 8 Cannon 
  Sec. Sec. 2230, 2233. Privileged reports filed under rule XIII clause 
  2(c), and reports privileged by statute, are excepted from the general 
  rule that privileged reports must be filed from the floor in order to 
  preserve their privilege. Deschler Ch 17 Sec. 63.11.

                         Who May Call Up; Reading

      A committee ordinarily authorizes its chairman to submit and call 
  up its report. Manual Sec. 834; 4 Hinds Sec. 4669. He may do so even 
  though he has not concurred therein. 4 Hinds Sec. 4670. However, the 
  committee may authorize other members of the committee to present 
  reports, and under some circumstances minority members of the 
  committee have been ordered to present the report of the committee. 4 
  Hinds Sec. Sec. 4669, 4672, 4673; 8 Cannon Sec. Sec. 2314, 2315.
      Reports are not normally read by the Clerk. However, in a few 
  cases, where a report does not accompany a bill or other proposition 
  of action, but presents facts and conclusions under consideration by 
  the House, it is read

[[Page 292]]

  by the Clerk (such as the predicate for a contempt resolution). Manual 
  Sec. 422.

                                Withdrawal

      The chairman of a committee, having made a report to the House in 
  accordance with instructions from his committee, may not withdraw it 
  except by consent of the House. 4 Hinds Sec. 4690; 8 Cannon Sec. 2312. 
  When placed on the calendar, a bill is not subject to further 
  consideration by the committee reporting it. 8 Cannon Sec. Sec. 2218, 
  2307.


  Sec. 35 . Availability (``Layover'') Requirements

      With certain exceptions, rule XIII clause 4(a) requires that a 
  committee report on a measure or matter be available to Members for 
  three calendar days (excluding Saturdays, Sundays, and legal holidays, 
  unless in session) before the measure may be considered in the House. 
  The rule permits consideration of a measure on the third day a report 
  is available rather than on the fourth day following its availability. 
  Manual Sec. 850. The three-day rule runs anew from the time of 
  availability of a supplemental report to correct a technical error in 
  a previous report, except to correct errors in the depiction of record 
  votes. Rule XIII clause 3(a); Deschler Ch 17 Sec. 64.1.
      Rule XIII clause 4 exempts the following from the three-day 
  layover requirement:

     A resolution from the Committee on Rules providing a rule, 
         joint rule, or order of business (clause 4(a)(2)(A)), such 
         reports being subject to a separate one-day layover requirement 
         unless the House determines by a vote of two-thirds to consider 
         the resolution on the same day (clause 6(a)(1)).
     A resolution from the Committee on House Administration 
         providing committee expenses (clause 4(a)(2)(B)), such reports 
         being subject to a separate one-day layover requirement (rule X 
         clause 6(a)).
     A bill called from the Corrections Calendar under rule XV 
         clause 6. Clause 4(a)(2)(C).
     A resolution presenting a question of the privileges of the 
         House. Clause 4(a)(2)(D).
     A measure for the declaration of war or national emergency. 
         Clause 4(a)(2)(E).
     A measure providing approval or disapproval of impending 
         actions or determinations by a government agency. Clause 
         4(a)(2)(F).

      Points of order against consideration of a bill for failure of the 
  report thereon to be available for three days may be waived pursuant 
  to a resolution from the Committee on Rules (see e.g., 106-1, H. Res. 
  136, Apr. 13, 1999, p ____), which waiver may be called up the same 
  day reported from Committee on Rules without a two-thirds vote (rule 
  XIII clause 6(a)(2)).

[[Page 293]]

  Sec. 36 . Points of Order Relating to Reports

                                 Generally

      A point of order will lie in the House against consideration of a 
  measure for failure of the committee report on the measure to include 
  any of the reporting requirements outlined in section 29, supra.
      A point of order will also lie in the House against consideration 
  of a measure for failure of the committee report to meet the 
  availability requirements (Sec. 35, supra) and to report a measure 
  without a sufficient quorum (Sec. 21, supra).
      Points of order against consideration for noncompliance with the 
  rules in the preparation of the report should be made in the House. A 
  point of order that a committee report is not in proper form does not 
  lie in the Committee of the Whole. Deschler-Brown Ch 29 Sec. 20.28.
      The Chair does not rule on points of order relating to the 
  sufficiency, insufficiency, or legal effect of committee reports, 
  those being matters for the House to decide. 4 Hinds Sec. 1339; 
  Deschler Ch 17 Sec. Sec. 58.3, 58.4. Similarly, a point of order will 
  not lie against a committee report that included an executive 
  communication on the ground that the communication failed to comply 
  with the statute that required the communication. Deschler Ch 17 
  Sec. 58.1.
      Points of order as to reports on appropriation bills, see 
  Appropriations.

                          Waiving Points of Order

      Points of order against a measure for defects in a committee 
  report may be waived by adoption of a rule from the Committee on 
  Rules, an order of the House granted by unanimous consent, and by 
  consideration of the bill under suspension of the rules. Deschler Ch 
  17 Sec. 58.