[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
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(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.
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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
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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
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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.
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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.
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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
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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
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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.