[House Prints 109-D]
[From the U.S. Government Publishing Office]
109th Congress Committee
1st Session COMMITTEE PRINT Print 109-D
_______________________________________________________________________
RULES FOR THE
COMMITTEE ON ENERGY AND COMMERCE
U.S. HOUSE OF REPRESENTATIVES
109th CONGRESS
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
March 2005
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COMMITTEE ON ENERGY AND COMMERCE
JOE BARTON, Texas, Chairman
RALPH M. HALL, Texas JOHN D. DINGELL, Michigan
MICHAEL BILIRAKIS, Florida Ranking Member
Vice Chairman HENRY A. WAXMAN, California
FRED UPTON, Michigan EDWARD J. MARKEY, Massachusetts
CLIFF STEARNS, Florida RICK BOUCHER, Virginia
PAUL E. GILLMOR, Ohio EDOLPHUS TOWNS, New York
NATHAN DEAL, Georgia FRANK PALLONE, Jr., New Jersey
ED WHITFIELD, Kentucky SHERROD BROWN, Ohio
CHARLIE NORWOOD, Georgia BART GORDON, Tennessee
BARBARA CUBIN, Wyoming BOBBY L. RUSH, Illinois
JOHN SHIMKUS, Illinois ANNA G. ESHOO, California
HEATHER WILSON, New Mexico BART STUPAK, Michigan
JOHN B. SHADEGG, Arizona ELIOT L. ENGEL, New York
CHARLES W. ``CHIP'' PICKERING, ALBERT R. WYNN, Maryland
Mississippi, Vice Chairman GENE GREEN, Texas
VITO FOSSELLA, New York TED STRICKLAND, Ohio
ROY BLUNT, Missouri DIANA DeGETTE, Colorado
STEVE BUYER, Indiana LOIS CAPPS, California
GEORGE RADANOVICH, California MIKE DOYLE, Pennsylvania
CHARLES F. BASS, New Hampshire TOM ALLEN, Maine
JOSEPH R. PITTS, Pennsylvania JIM DAVIS, Florida
MARY BONO, California JAN SCHAKOWSKY, Illinois
GREG WALDEN, Oregon HILDA L. SOLIS, California
LEE TERRY, Nebraska CHARLES A. GONZALEZ, Texas
MIKE FERGUSON, New Jersey JAY INSLEE, Washington
MIKE ROGERS, Michigan TAMMY BALDWIN, Wisconsin
C.L. ``BUTCH'' OTTER, Idaho MIKE ROSS, Arkansas
SUE MYRICK, North Carolina
JOHN SULLIVAN, Oklahoma
TIM MURPHY, Pennsylvania
MICHAEL C. BURGESS, Texas
MARSHA BLACKBURN, Tennessee
Bud Albright, Staff Director
James D. Barnette, Deputy Staff Director and General Counsel
Reid P.F. Stuntz, Minority Staff Director and Chief Counsel
(ii)
C O N T E N T S
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Page
Rule 1....................................................... 1
Rule 2....................................................... 1
Rule 3....................................................... 2
Rule 4....................................................... 2
Rule 5....................................................... 3
Rule 6....................................................... 4
Rule 7....................................................... 4
Rule 8....................................................... 4
Rule 9....................................................... 4
Rule 10...................................................... 4
Rule 11...................................................... 5
Rule 12...................................................... 5
Rule 13...................................................... 5
Rule 14...................................................... 5
Rule 15...................................................... 6
Rule 16...................................................... 6
Rule 17...................................................... 7
Rule 18...................................................... 7
Rule 19...................................................... 7
Rule 20...................................................... 7
Appendices................................................... 8
(iii)
RULES FOR THE COMMITTEE ON ENERGY
AND COMMERCE
U.S. HOUSE OF REPRESENTATIVES
109th CONGRESS
Rule 1. General Provisions. (a) Rules of the Committee. The
Rules of the House are the rules of the Committee on Energy and
Commerce (hereinafter the ``Committee'') and its subcommittees
so far as is applicable, except that a motion to recess from
day to day, and a motion to dispense with the first reading (in
full) of a bill or resolution, if printed copies are available,
is nondebatable and privileged in the Committee and its
subcommittees.
(b) Rules of the Subcommittees. Each subcommittee of the
Committee is part of the Committee and is subject to the
authority and direction of the Committee and to its rules so
far as applicable. Written rules adopted by the Committee, not
inconsistent with the Rules of the House, shall be binding on
each subcommittee of the Committee.
Rule 2. Time and Place of Meetings. (a) Regular Meeting
Days. The Committee shall meet on the fourth Tuesday of each
month at 10 a.m., for the consideration of bills, resolutions,
and other business, if the House is in session on that day. If
the House is not in session on that day and the Committee has
not met during such month, the Committee shall meet at the
earliest practicable opportunity when the House is again in
session. The chairman of the Committee may, at his discretion,
cancel, delay, or defer any meeting required under this
section, after consultation with the ranking minority member.
(b) Additional Meetings. The chairman may call and convene,
as he considers necessary, additional meetings of the Committee
for the consideration of any bill or resolution pending before
the Committee or for the conduct of other Committee business.
The Committee shall meet for such purposes pursuant to that
call of the chairman.
(c) Vice Chairmen; Presiding Member. The chairman shall
designate a member of the majority party to serve as vice
chairman of the Committee, and shall designate a majority
member of each subcommittee to serve as vice chairman of each
subcommittee. The vice chairman of the Committee or
subcommittee, as the case may be, shall preside at any meeting
or hearing during the temporary absence of the chairman. If the
chairman and vice chairman of the Committee or subcommittee are
not present at any meeting or hearing, the ranking member of
the majority party who is present shall preside at the meeting
or hearing.
(d) Open Meetings and Hearings. Except as provided by the
Rules of the House, each meeting of the Committee or any of its
subcommittees for the transaction of business, including the
markup of legislation, and each hearing, shall be open to the
public including to radio, television and still photography
coverage, consistent with the provisions of Rule XI of the
Rules of the House.
Rule 3. Agenda. The agenda for each Committee or
subcommittee meeting (other than a hearing), setting out the
date, time, place, and all items of business to be considered,
shall be provided to each member of the Committee at least 36
hours in advance of such meeting.
Rule 4. Procedure. (a)(1) Hearings. The date, time, place,
and subject matter of any hearing of the Committee or any of
its subcommittees shall be announced at least one week in
advance of the commencement of such hearing, unless the
Committee or subcommittee determines in accordance with clause
2(g)(3) of Rule XI of the Rules of the House that there is good
cause to begin the hearing sooner.
(2)(A) Meetings. The date, time, place, and subject matter
of any meeting (other than a hearing) scheduled on a Tuesday,
Wednesday, or Thursday when the House will be in session, shall
be announced at least 36 hours (exclusive of Saturdays,
Sundays, and legal holidays except when the House is in session
on such days) in advance of the commencement of such meeting.
(3) Motions. Pursuant to clause 1(a)(2) of rule XI of the
Rules of the House, privileged motions to recess from day to
day, or recess subject to the call of the Chair (within 24
hours), and to dispense with the first reading (in full) of a
bill or resolution if printed copies are available shall be
decided without debate.
(B) Other Meetings. The date, time, place, and subject
matter of a meeting (other than a hearing or a meeting to which
subparagraph (A) applies) shall be announced at least 72 hours
in advance of the commencement of such meeting.
(b)(1) Requirements for Testimony. Each witness who is to
appear before the Committee or a subcommittee shall file with
the clerk of the Committee, at least two working days in
advance of his or her appearance, sufficient copies, as
determined by the chairman of the Committee or a subcommittee,
of a written statement of his or her proposed testimony to
provide to members and staff of the Committee or subcommittee,
the news media, and the general public. Each witness shall, to
the greatest extent practicable, also provide a copy of such
written testimony in an electronic format prescribed by the
chairman. Each witness shall limit his or her oral presentation
to a brief summary of the argument. The chairman of the
Committee or of a subcommittee, or the presiding member, may
waive the requirements of this paragraph or any part thereof.
(2) Additional Requirements for Testimony. To the greatest
extent practicable, the written testimony of each witness
appearing in a nongovernmental capacity shall include a
curriculum vitae and a disclosure of the amount and source (by
agency and program) of any federal grant (or subgrant thereof)
or contract (or subcontract thereof) received during the
current fiscal year or either of the two preceding fiscal years
by the witness or by an entity represented by the witness.
(c)(1) Questioning Witnesses. The right to interrogate the
witnesses before the Committee or any of its subcommittees
shall alternate between majority and minority members. Each
member shall be limited to 5 minutes in the interrogation of
witnesses until such time as each member who so desires has had
an opportunity to question witnesses. No member shall be
recognized for a second period of 5 minutes to interrogate a
witness until each member of the Committee present has been
recognized once for that purpose. While the Committee or
subcommittee is operating under the 5minute rule for the
interrogation of witnesses, the chairman shall recognize in
order of appearance members who were not present when the
meeting was called to order after all members who were present
when the meeting was called to order have been recognized in
the order of seniority on the Committee or subcommittee, as the
case may be.
(2) Questions for the Record. Each member may submit to the
Chairman of the Committee or the subcommittee additional
questions for the record, to be answered by the witnesses who
have appeared. Each member shall provide a copy of the
questions in an electronic format to the clerk of the Committee
no later than ten business days following a hearing. The
Chairman shall transmit all questions received from members of
the Committee or the subcommittee to the appropriate witness,
and include the transmittal letter and the responses from the
witnesses in the hearing record.
(d) Explanation of Subcommittee Action. No bill,
recommendation, or other matter reported by a subcommittee
shall be considered by the full Committee unless the text of
the matter reported, together with an explanation, has been
available to members of the Committee for at least 36 hours.
Such explanation shall include a summary of the major
provisions of the legislation, an explanation of the
relationship of the matter to present law, and a summary of the
need for the legislation. All subcommittee actions shall be
reported promptly by the clerk of the Committee to all members
of the Committee.
(e) Opening Statements. (1) All written opening statements
at hearings conducted by the committee or any of its
subcommittees shall be made part of the permanent hearing
record.
(2) Statements shall be limited to 5 minutes each for the
chairman and ranking minority member (or their respective
designee) of the Committee or subcommittee, as applicable, and
3 minutes each for all other members. With the consent of the
Committee, prior to the recognition of the first witness for
testimony, any Member, when recognized for an opening
statement, may completely defer his or her opening statement
and instead use those three minutes during the initial round of
questioning.
(3) At any hearing of the full Committee, the chairman may
limit opening statements for Members (including, at the
discretion of the Chairman, the chairman and ranking minority
member) to one minute. At any hearing conducted by any
subcommittee, the chairman of that subcommittee, with the
consent of its ranking minority member, may reduce the time for
statements by members or defer statements until the conclusion
of testimony.
Rule 5. Waiver of Agenda, Notice, and Layover Requirements.
Requirements of rules 3, 4(a)(2), and 4(d) may be waived by a
majority of those present and voting (a majority being present)
of the Committee or subcommittee, as the case may be.
Rule 6. Quorum. Testimony may be taken and evidence
received at any hearing at which there are present not fewer
than two members of the Committee or subcommittee in question.
A majority of the members of the Committee shall constitute a
quorum for the purposes of reporting any measure or matter, of
authorizing a subpoena, or of closing a meeting or hearing
pursuant to clause 2(g) of Rule XI of the Rules of the House
(except as provided in clause 2(g)(2)(A) and (B)). For the
purposes of taking any action other than those specified in the
preceding sentence, onethird of the members of the Committee or
subcommittee shall constitute a quorum.
Rule 7. Official Committee Records. (a)(1) Journal. The
proceedings of the Committee shall be recorded in a journal
which shall, among other things, show those present at each
meeting, and include a record of the vote on any question on
which a record vote is demanded and a description of the
amendment, motion, order, or other proposition voted. A copy of
the journal shall be furnished to the ranking minority member.
(2) Record Votes. A record vote may be demanded by onefifth
of the members present or, in the apparent absence of a quorum,
by any one member. No demand for a record vote shall be made or
obtained except for the purpose of procuring a record vote or
in the apparent absence of a quorum. The result of each record
vote in any meeting of the Committee shall be made available in
the Committee office for inspection by the public, as provided
in Rule XI, clause 2(e) of the Rules of the House.
(b) Archived Records. The records of the Committee at the
National Archives and Records Administration shall be made
available for public use in accordance with Rule VII of the
Rules of the House. The chairman shall notify the ranking
minority member of any decision, pursuant to clause 3 (b)(3) or
clause 4 (b) of the Rule, to withhold a record otherwise
available, and the matter shall be presented to the Committee
for a determination on the written request of any member of the
Committee. The chairman shall consult with the ranking minority
member on any communication from the Archivist of the United
States or the Clerk of the House concerning the disposition of
noncurrent records pursuant to clause 3(b) of the Rule.
Rule 8. Subcommittees. There shall be such standing
subcommittees with such jurisdiction and size as determined by
the majority party caucus of the Committee. The jurisdiction,
number, and size of the subcommittees shall be determined by
the majority party caucus prior to the start of the process for
establishing subcommittee chairmanships and assignments.
Rule 9. Powers and Duties of Subcommittees. Each
subcommittee is authorized to meet, hold hearings, receive
testimony, mark up legislation, and report to the Committee on
all matters referred to it. Subcommittee chairmen shall set
hearing and meeting dates only with the approval of the
chairman of the Committee with a view toward assuring the
availability of meeting rooms and avoiding simultaneous
scheduling of Committee and subcommittee meetings or hearings
whenever possible.
Rule 10. Reference of Legislation and Other Matters. All
legislation and other matters referred to the Committee shall
be referred to the subcommittee of appropriate jurisdiction
within two weeks of the date of receipt by the Committee unless
action is taken by the full committee within those two weeks,
or by majority vote of the members of the Committee,
consideration is to be by the full Committee. In the case of
legislation or other matter within the jurisdiction of more
than one subcommittee, the chairman of the Committee may, in
his discretion, refer the matter simultaneously to two or more
subcommittees for concurrent consideration, or may designate a
subcommittee of primary jurisdiction and also refer the matter
to one or more additional subcommittees for consideration in
sequence (subject to appropriate time limitations), either on
its initial referral or after the matter has been reported by
the subcommittee of primary jurisdiction. Such authority shall
include the authority to refer such legislation or matter to an
ad hoc subcommittee appointed by the chairman, with the
approval of the Committee, from the members of the subcommittee
having legislative or oversight jurisdiction.
Rule 11. Ratio of Subcommittees. The majority caucus of the
Committee shall determine an appropriate ratio of majority to
minority party members for each subcommittee and the chairman
shall negotiate that ratio with the minority party, provided
that the ratio of party members on each subcommittee shall be
no less favorable to the majority than that of the full
Committee, nor shall such ratio provide for a majority of less
than two majority members.
Rule 12. Subcommittee Membership. (a) Selection of
Subcommittee Members. Prior to any organizational meeting held
by the Committee, the majority and minority caucuses shall
select their respective members of the standing subcommittees.
(b) Ex Officio Members. The chairman and ranking minority
member of the Committee shall be ex officio members with voting
privileges of each subcommittee of which they are not assigned
as members and may be counted for purposes of establishing a
quorum in such subcommittees.
Rule 13. Managing Legislation on the House Floor. The
chairman, in his discretion, shall designate which member shall
manage legislation reported by the Committee to the House.
Rule 14. Committee Professional and Clerical Staff
Appointments. (a) Delegation of Staff. Whenever the chairman of
the Committee determines that any professional staff member
appointed pursuant to the provisions of clause 9 of Rule X of
the House of Representatives, who is assigned to such chairman
and not to the ranking minority member, by reason of such
professional staff member's expertise or qualifications will be
of assistance to one or more subcommittees in carrying out
their assigned responsibilities, he may delegate such member to
such subcommittees for such purpose. A delegation of a member
of the professional staff pursuant to this subsection shall be
made after consultation with subcommittee chairmen and with the
approval of the subcommittee chairman or chairmen involved.
(b) Minority Professional Staff. Professional staff members
appointed pursuant to clause 9 of Rule X of the House of
Representatives, who are assigned to the ranking minority
member of the Committee and not to the chairman of the
Committee, shall be assigned to such Committee business as the
minority party members of the Committee consider advisable.
(c) Additional Staff Appointments. In addition to the
professional staff appointed pursuant to clause 9 of Rule X of
the House of Representatives, the chairman of the Committee
shall be entitled to make such appointments to the professional
and clerical staff of the Committee as may be provided within
the budget approved for such purposes by the Committee. Such
appointee shall be assigned to such business of the full
Committee as the chairman of the Committee considers advisable.
(d) Sufficient Staff. The chairman shall ensure that
sufficient staff is made available to each subcommittee to
carry out its responsibilities under the rules of the
Committee.
(e) Fair Treatment of Minority Members in Appointment of
Committee Staff. The chairman shall ensure that the minority
members of the Committee are treated fairly in appointment of
Committee staff.
(f) Contracts for Temporary or Intermittent Services. Any
contract for the temporary services or intermittent service of
individual consultants or organizations to make studies or
advise the Committee or its subcommittees with respect to any
matter within their jurisdiction shall be deemed to have been
approved by a majority of the members of the Committee if
approved by the chairman and ranking minority member of the
Committee. Such approval shall not be deemed to have been given
if at least onethird of the members of the Committee request in
writing that the Committee formally act on such a contract, if
the request is made within 10 days after the latest date on
which such chairman or chairmen, and such ranking minority
member or members, approve such contract.
Rule 15. Supervision, Duties of Staff. (a) Supervision of
Majority Staff. The professional and clerical staff of the
Committee not assigned to the minority shall be under the
supervision and direction of the chairman who, in consultation
with the chairmen of the subcommittees, shall establish and
assign the duties and responsibilities of such staff members
and delegate such authority as he determines appropriate.
(b) Supervision of Minority Staff. The professional and
clerical staff assigned to the minority shall be under the
supervision and direction of the minority members of the
Committee, who may delegate such authority as they determine
appropriate.
Rule 16. Committee Budget. (a) Preparation of Committee
Budget. The chairman of the Committee, after consultation with
the ranking minority member of the Committee and the chairmen
of the subcommittees, shall for the 109th Congress prepare a
preliminary budget for the Committee, with such budget
including necessary amounts for professional and clerical
staff, travel, investigations, equipment and miscellaneous
expenses of the Committee and the subcommittees, and which
shall be adequate to fully discharge the Committee's
responsibilities for legislation and oversight. Such budget
shall be presented by the chairman to the majority party caucus
of the Committee and thereafter to the full Committee for its
approval.
(b) Approval of the Committee Budget. The chairman shall
take whatever action is necessary to have the budget as finally
approved by the Committee duly authorized by the House. No
proposed Committee budget may be submitted to the Committee on
House Administration unless it has been presented to and
approved by the majority party caucus and thereafter by the
full Committee. The chairman of the Committee may authorize all
necessary expenses in accordance with these rules and within
the limits of the Committee's budget as approved by the House.
(c) Monthly Expenditures Report. Committee members shall be
furnished a copy of each monthly report, prepared by the
chairman for the Committee on House Administration, which shows
expenditures made during the reporting period and cumulative
for the year by the Committee and subcommittees, anticipated
expenditures for the projected Committee program, and detailed
information on travel.
Rule 17. Broadcasting of Committee Hearings. Any meeting or
hearing that is open to the public may be covered in whole or
in part by radio or television or still photography, subject to
the requirements of clause 4 of Rule XI of the Rules of the
House. The coverage of any hearing or other proceeding of the
Committee or any subcommittee thereof by television, radio, or
still photography shall be under the direct supervision of the
chairman of the Committee, the subcommittee chairman, or other
member of the Committee presiding at such hearing or other
proceeding and may be terminated by such member in accordance
with the Rules of the House.
Rule 18. Comptroller General Audits. The chairman of the
Committee is authorized to request verification examinations by
the Comptroller General of the United States pursuant to Title
V, Part A of the Energy Policy and Conservation Act (Public Law
94163), after consultation with the members of the Committee.
Rule 19. Subpoenas. The Committee, or any subcommittee, may
authorize and issue a subpoena under clause 2(m)(2)(A) of Rule
XI of the House, if authorized by a majority of the members of
the Committee or subcommittee (as the case may be) voting, a
quorum being present. Authorized subpoenas may be issued over
the signature of the chairman of the Committee or any member
designated by the Committee, and may be served by any person
designated by such chairman or member. The chairman of the
Committee may authorize and issue subpoenas under such clause
during any period for which the House has adjourned for a
period in excess of 3 days when, in the opinion of the
chairman, authorization and issuance of the subpoena is
necessary to obtain the material set forth in the subpoena. The
chairman shall report to the members of the Committee on the
authorization and issuance of a subpoena during the recess
period as soon as practicable but in no event later than one
week after service of such subpoena.
Rule 20. Travel of Members and Staff. (a) Approval of
Travel. Consistent with the primary expense resolution and such
additional expense resolutions as may have been approved,
travel to be reimbursed from funds set aside for the Committee
for any member or any staff member shall be paid only upon the
prior authorization of the chairman. Travel may be authorized
by the chairman for any member and any staff member in
connection with the attendance of hearings conducted by the
Committee or any subcommittee thereof and meetings,
conferences, and investigations which involve activities or
subject matter under the general jurisdiction of the Committee.
Before such authorization is given there shall be submitted to
the chairman in writing the following: (1) the purpose of the
travel; (2) the dates during which the travel is to be made and
the date or dates of the event for which the travel is being
made; (3) the location of the event for which the travel is to
be made; and (4) the names of members and staff seeking
authorization.
(b) Approval of Travel by Minority Members and Staff. In
the case of travel by minority party members and minority party
professional staff for the purpose set out in (a), the prior
approval, not only of the chairman but also of the ranking
minority member, shall be required. Such prior authorization
shall be given by the chairman only upon the representation by
the ranking minority member in writing setting forth those
items enumerated in (1), (2), (3), and (4) of paragraph (a).
Appendices: Clauses 2 and 4 of Rule XI and Clauses 2 and 3 of
Rule XIII of the Rules of the House of Representatives for the
109th Congress
January 4, 2005
RULE XI: PROCEDURES OF COMMITTEES AND UNFINISHED BUSINESS
Clause 2: Committee Rules
Adoption of written rules
2. (a)(1) Each standing committee shall adopt written rules
governing its procedure. Such rules--
(A) shall be adopted in a meeting that is open to the
public unless the committee, in open session and with a
quorum present, determines by record vote that all or
part of the meeting on that day shall be closed to the
public;
(B) may not be inconsistent with the Rules of the
House or with those provisions of law having the force
and effect of Rules of the House; and
(C) shall in any event incorporate all of the
succeeding provisions of this clause to the extent
applicable.
(2) Each committee shall submit its rules for publication
in the Congressional Record not later than 30 days after the
committee is elected in each odd-numbered year.
(3) A committee may adopt a rule providing that the
chairman be directed to offer a motion under clause 1 of rule
XXII whenever the chairman considers it appropriate.
Regular meeting days
(b) Each standing committee shall establish regular meeting
days for the conduct of its business, which shall be not less
frequent than monthly. Each such committee shall meet for the
consideration of a bill or resolution pending before the
committee or the transaction of other committee business on all
regular meeting days fixed by the committee unless otherwise
provided by written rule adopted by the committee.
Additional and special meetings
(c)(1) The chairman of each standing committee may call and
convene, as he considers necessary, additional and special
meetings of the committee for the consideration of a bill or
resolution pending before the committee or for the conduct of
other committee business, subject to such rules as the
committee may adopt. The committee shall meet for such purpose
under that call of the chairman.
(2) Three or more members of a standing committee may file
in the offices of the committee a written request that the
chairman call a special meeting of the committee. Such request
shall specify the measure or matter to be considered.
Immediately upon the filing of the request, the clerk of the
committee shall notify the chairman of the filing of the
request. If the chairman does not call the requested special
meeting within three calendar days after the filing of the
request (to be held within seven calendar days after the filing
of the request) a majority of the members of the committee may
file in the offices of the committee their written notice that
a special meeting of the committee will be held. The written
notice shall specify the date and hour of the special meeting
and the measure or matter to be considered. The committee shall
meet on that date and hour. Immediately upon the filing of the
notice, the clerk of the committee shall notify all members of
the committee that such special meeting will be held and inform
them of its date and hour and the measure or matter to be
considered. Only the measure or matter specified in that notice
may be considered at that special meeting.
Temporary absence of chairman
(d) A member of the majority party on each standing
committee or subcommittee hereof shall be designated by the
chairman of the full committee as the vice chairman of the
committee or subcommittee, as the case may be, and shall
preside during the absence of the chairman from any meeting. If
the chairman and vice chairman of a committee or subcommittee
are not present at any meeting of the committee or
subcommittee, the ranking majority member who is present shall
preside at that meeting.
Committee records
(e)(1)(A) Each committee shall keep a complete record of
all committee action which shall include--
(i) in the case of a meeting or hearing transcript, a
substantially verbatim account of remarks actually made
during the proceedings, subject only to technical,
grammatical, and typographical corrections authorized
by the person making the remarks involved; and
(ii) a record of the votes on any question on which a
record vote is demanded.
(B)(i) Except as provided in subdivision (B)(ii) and
subject to paragraph (k)(7), the result of each such record
vote shall be made available by the committee for inspection by
the public at reasonable times in its offices. Information so
available for public inspection shall include a description of
the amendment, motion, order, or other proposition, the name of
each member voting for and each member voting against such
amendment, motion, order, or proposition, and the names of
those members of the committee present but not voting.
(ii) The result of any record vote taken in executive
session in the Committee on Standards of Official Conduct may
not be made available for inspection by the public without an
affirmative vote of a majority of the members of the committee.
(2)(A) Except as provided in subdivision (B), all committee
hearings, records, data, charts, and files shall be kept
separate and distinct from the congressional office records of
the member serving as its chairman. Such records shall be the
property of the House, and each Member, Delegate, and the
Resident Commissioner shall have access thereto.
(B) A Member, Delegate, or Resident Commissioner, other
than members of the Committee on Standards of Official Conduct,
may not have access to the records of that committee respecting
the conduct of a Member, Delegate, Resident Commissioner,
officer, or employee of the House without the specific prior
permission of that committee.
(3) Each committee shall include in its rules standards for
availability of records of the committee delivered to the
Archivist of the United States under rule VII. Such standards
shall specify procedures for orders of the committee under
clause 3(b)(3) and clause 4(b) of rule VII, including a
requirement that nonavailability of a record for a period
longer than the period otherwise applicable under that rule
shall be approved by vote of the committee.
(4) Each committee shall make its publications available in
electronic form to the maximum extent feasible.
Prohibition against proxy voting
(f) A vote by a member of a committee or subcommittee with
respect to any measure or matter may not be cast by proxy.
Open meetings and hearings
(g)(1) Each meeting for the transaction of business,
including the markup of legislation, by a standing committee or
subcommittee thereof (other than the Committee on Standards of
Official Conduct or its subcommittees) shall be open to the
public, including to radio, television, and still photography
coverage, except when the committee or subcommittee, in open
session and with a majority present, determines by record vote
that all or part of the remainder of the meeting on that day
shall be in executive session because disclosure of matters to
be considered would endanger national security, would
compromise sensitive law enforcement information, would tend to
defame, degrade, or incriminate any person, or otherwise would
violate a law or rule of the House. Persons, other than members
of the committee and such noncommittee Members, Delegates,
Resident Commissioner, congressional staff, or departmental
representatives as the committee may authorize, may not be
present at a business or markup session that is held in
executive session. This subparagraph does not apply to open
committee hearings, which are governed by clause 4(a)(1) of
rule X or by subparagraph (2).
(2)(A) Each hearing conducted by a committee or
subcommittee (other than the Committee on Standards of Official
Conduct or its subcommittees) shall be open to the public,
including to radio, television, and still photography coverage,
except when the committee or subcommittee, in open session and
with a majority present, determines by record vote that all or
part of the remainder of that hearing on that day shall be
closed to the public because disclosure of testimony, evidence,
or other matters to be considered would endanger national
security, would compromise sensitive law enforcement
information, or would violate a law or rule of the House.
(B) Notwithstanding the requirements of subdivision (A), in
the presence of the number of members required under the rules
of the committee for the purpose of taking testimony, a
majority of those present may--
(i) agree to close the hearing for the sole purpose
of discussing whether testimony or evidence to be
received would endanger national security, would
compromise sensitive law enforcement information, or
would violate clause 2(k)(5); or
(ii) agree to close the hearing as provided in clause
2(k)(5).
(C) A Member, Delegate, or Resident Commissioner may not be
excluded from nonparticipatory attendance at a hearing of a
committee or subcommittee (other than the Committee on
Standards of Official Conduct or its subcommittees) unless the
House by majority vote authorizes a particular committee or
subcommittee, for purposes of a particular series of hearings
on a particular article of legislation or on a particular
subject of investigation, to close its hearings to Members,
Delegates, and the Resident Commissioner by the same procedures
specified in this subparagraph for closing hearings to the
public.
(D) The committee or subcommittee may vote by the same
procedure described in this subparagraph to close one
subsequent day of hearing, except that the Committee on
Appropriations, the Committee on Armed Services, and the
Permanent Select Committee on Intelligence, and the
subcommittees thereof, may vote by the same procedure to close
up to five additional, consecutive days of hearings.
(3) The chairman of each committee (other than the
Committee on Rules) shall make public announcement of the date,
place, and subject matter of a committee hearing at least one
week before the commencement of the hearing. If the chairman of
the committee, with the concurrence of the ranking minority
member, determines that there is good cause to begin a hearing
sooner, or if the committee so determines by majority vote in
the presence of the number of members required under the rules
of the committee for the transaction of business, the chairman
shall make the announcement at the earliest possible date. An
announcement made under this subparagraph shall be published
promptly in the Daily Digest and made available in electronic
form.
(4) Each committee shall, to the greatest extent
practicable, require witnesses who appear before it to submit
in advance written statements of proposed testimony and to
limit their initial presentations to the committee to brief
summaries thereof. In the case of a witness appearing in a
nongovernmental capacity, a written statement of proposed
testimony shall include a curriculum vitae and a disclosure of
the amount and source (by agency and program) of each Federal
grant (or subgrant thereof) or contract (or subcontract
thereof) received during the current fiscal year or either of
the two previous fiscal years by the witness or by an entity
represented by the witness.
(5)(A) Except as provided in subdivision (B), a point of
order does not lie with respect to a measure reported by a
committee on the ground that hearings on such measure were not
conducted in accordance with this clause.
(B) A point of order on the ground described in subdivision
(A) may be made by a member of the committee that reported the
measure if such point of order was timely made and improperly
disposed of in the committee.
(6) This paragraph does not apply to hearings of the
Committee on Appropriations under clause 4(a)(1) of rule X.
Quorum requirements
(h)(1) A measure or recommendation may not be reported by a
committee unless a majority of the committee is actually
present.
(2) Each committee may fix the number of its members to
constitute a quorum for taking testimony and receiving
evidence, which may not be less than two.
(3) Each committee (other than the Committee on
Appropriations, the Committee on the Budget, and the Committee
on Ways and Means) may fix the number of its members to
constitute a quorum for taking any action other than one for
which the presence of a majority of the committee is otherwise
required, which may not be less than one-third of the members.
(4)(A) Each committee may adopt a rule authorizing the
chairman of a committee or subcommittee--
(i) to postpone further proceedings when a record
vote is ordered on the question of approving a measure
or matter or on adopting an amendment; and
(ii) to resume proceedings on a postponed question at
any time after reasonable notice.
(B) A rule adopted pursuant to this subparagraph shall
provide that when proceedings resume on a postponed question,
notwithstanding any intervening order for the previous
question, an underlying proposition shall remain subject to
further debate or amendment to the same extent as when the
question was postponed.
Limitation on committee sittings
(i) A committee may not sit during a joint session of the
House and Senate or during a recess when a joint meeting of the
House and Senate is in progress.
Calling and questioning of witnesses
(j)(1) Whenever a hearing is conducted by a committee on a
measure or matter, the minority members of the committee shall
be entitled, upon request to the chairman by a majority of them
before the completion of the hearing, to call witnesses
selected by the minority to testify with respect to that
measure or matter during at least one day of hearing thereon.
(2)(A) Subject to subdivisions (B) and (C), each committee
shall apply the five-minute rule during the questioning of
witnesses in a hearing until such time as each member of the
committee who so desires has had an opportunity to question
each witness.
(B) A committee may adopt a rule or motion permitting a
specified number of its members to question a witness for
longer than five minutes. The time for extended questioning of
a witness under this subdivision shall be equal for the
majority party and the minority party and may not exceed one
hour in the aggregate.
(C) A committee may adopt a rule or motion permitting
committee staff for its majority and minority party members to
question a witness for equal specified periods. The time for
extended questioning of a witness under this subdivision shall
be equal for the majority party and the minority party and may
not exceed one hour in the aggregate.
Hearing procedures
(k)(1) The chairman at a hearing shall announce in an
opening statement the subject of the hearing.
(2) A copy of the committee rules and of this clause shall
be made available to each witness on request.
(3) Witnesses at hearings may be accompanied by their own
counsel for the purpose of advising them concerning their
constitutional rights.
(4) The chairman may punish breaches of order and decorum,
and of professional ethics on the part of counsel, by censure
and exclusion from the hearings; and the committee may cite the
offender to the House for contempt.
(5) Whenever it is asserted by a member of the committee
that the evidence or testimony at a hearing may tend to defame,
degrade, or incriminate any person, or it is asserted by a
witness that the evidence or testimony that the witness would
give at a hearing may tend to defame, degrade, or incriminate
the witness--
(A) notwithstanding paragraph (g)(2), such testimony or
evidence shall be presented in executive session if, in the
presence of the number of members required under the rules of
the committee for the purpose of taking testimony, the
committee determines by vote of a majority of those present
that such evidence or testimony may tend to defame, degrade, or
incriminate any person; and
(B) the committee shall proceed to receive such testimony
in open session only if the committee, a majority being
present, determines that such evidence or testimony will not
tend to defame, degrade, or incriminate any person. In either
case the committee shall afford such person an opportunity
voluntarily to appear as a witness, and receive and dispose of
requests from such person to subpoena additional witnesses.
(6) Except as provided in subparagraph (5), the chairman
shall receive and the committee shall dispose of requests to
subpoena additional witnesses.
(7) Evidence or testimony taken in executive session, and
proceedings conducted in executive session, may be released or
used in public sessions only when authorized by the committee,
a majority being present.
(8) In the discretion of the committee, witnesses may
submit brief and pertinent sworn statements in writing for
inclusion in the record. The committee is the sole judge of the
pertinence of testimony and evidence adduced at its hearing.
(9) A witness may obtain a transcript copy of his testimony
given at a public session or, if given at an executive session,
when authorized by the committee.
Supplemental, minority, or additional views
(1) If at the time of approval of a measure or matter by a
committee (other than the Committee on Rules) a member of the
committee gives notice of intention to file supplemental,
minority, or additional views for inclusion in the report to
the House thereon, that member shall be entitled to not less
than two additional calendar days after the day of such notice
(excluding Saturdays, Sundays, and legal holidays except when
the House is in session on such a day) to file such views, in
writing and signed by that member, with the clerk of the
committee.
Power to sit and act; subpoena power
(m)(1) For the purpose of carrying out any of its functions
and duties under this rule and rule X (including any matters
referred to it under clause 2 of rule XII), a committee or
subcommittee is authorized (subject to subparagraph (3)(A))--
(A) to sit and act at such times and places within
the United States, whether the House is in session, has
recessed, or has adjourned, and to hold such hearings
as it considers necessary; and
(B) to require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memoranda, papers, and documents as it considers
necessary.
(2) The chairman of the committee, or a member designated
by the chairman, may administer oaths to witnesses.
(3)(A)(i) Except as provided in subdivision (A)(ii), a
subpoena may be authorized and issued by a committee or
subcommittee under subparagraph (1)(B) in the conduct of an
investigation or series of investigations or activities only
when authorized by the committee or subcommittee, a majority
being present. The power to authorize and issue subpoenas under
subparagraph (1)(B) may be delegated to the chairman of the
committee under such rules and under such limitations as the
committee may prescribe. Authorized subpoenas shall be signed
by the chairman of the committee or by a member designated by
the committee.
(ii) In the case of a subcommittee of the Committee on
Standards of Official Conduct, a subpoena may be authorized and
issued only by an affirmative vote of a majority of its
members.
(B) A subpoena duces tecum may specify terms of return
other than at a meeting or hearing of the committee or
subcommittee authorizing the subpoena.
(C) Compliance with a subpoena issued by a committee or
subcommittee under subparagraph (1)(B) may be enforced only as
authorized or directed by the House.
* * * * * * *
Clause 4: Audio and visual coverage of committee proceedings
4. (a) The purpose of this clause is to provide a means, in
conformity with acceptable standards of dignity, propriety, and
decorum, by which committee hearings or committee meetings that
are open to the public may be covered by audio and visual
means--
(1) for the education, enlightenment, and information
of the general public, on the basis of accurate and
impartial news coverage, regarding the operations,
procedures, and practices of the House as a legislative
and representative body, and regarding the measures,
public issues, and other matters before the House and
its committees, the consideration thereof, and the
action taken thereon; and
(2) for the development of the perspective and
understanding of the general public with respect to the
role and function of the House under the Constitution
as an institution of the Federal Government.
(b) In addition, it is the intent of this clause that radio
and television tapes and television film of any coverage under
this clause may not be used, or made available for use, as
partisan political campaign material to promote or oppose the
candidacy of any person for elective public office.
(c) It is, further, the intent of this clause that the
general conduct of each meeting (whether of a hearing or
otherwise) covered under authority of this clause by audio or
visual means, and the personal behavior of the committee
members and staff, other Government officials and personnel,
witnesses, television, radio, and press media personnel, and
the general public at the hearing or other meeting, shall be in
strict conformity with and observance of the acceptable
standards of dignity, propriety, courtesy, and decorum
traditionally observed by the House in its operations, and may
not be such as to--
(1) distort the objects and purposes of the hearing
or other meeting or the activities of committee members
in connection with that hearing or meeting or in
connection with the general work of the committee or of
the House; or
(2) cast discredit or dishonor on the House, the
committee, or a Member, Delegate, or Resident
Commissioner or bring the House, the committee, or a
Member, Delegate, or Resident Commissioner into
disrepute.
(d) The coverage of committee hearings and meetings by
audio and visual means shall be permitted and conducted only in
strict conformity with the purposes, provisions, and
requirements of this clause.
(e) Whenever a hearing or meeting conducted by a committee
or subcommittee is open to the public, those proceedings shall
be open to coverage by audio and visual means. A committee or
subcommittee chairman may not limit the number of television or
still cameras to fewer than two representatives from each
medium (except for legitimate space or safety considerations,
in which case pool coverage shall be authorized).
(f) Each committee shall adopt written rules to govern its
implementation of this clause. Such rules shall contain
provisions to the following effect:
(1) If audio or visual coverage of the hearing or
meeting is to be presented to the public as live
coverage, that coverage shall be conducted and
presented without commercial sponsorship.
(2) The allocation among the television media of the
positions or the number of television cameras permitted
by a committee or subcommittee chairman in a hearing or
meeting room shall be in accordance with fair and
equitable procedures devised by the Executive Committee
of the Radio and Television Correspondents' Galleries.
(3) Television cameras shall be placed so as not to
obstruct in any way the space between a witness giving
evidence or testimony and any member of the committee
or the visibility of that witness and that member to
each other.
(4) Television cameras shall operate from fixed
positions but may not be placed in positions that
obstruct unnecessarily the coverage of the hearing or
meeting by the other media.
(5) Equipment necessary for coverage by the
television and radio media may not be installed in, or
removed from, the hearing or meeting room while the
committee is in session.
(6)(A) Except as provided in subdivision (B),
floodlights, spotlights, strobelights, and flashguns
may not be used in providing any method of coverage of
the hearing or meeting.
(B) The television media may install additional
lighting in a hearing or meeting room, without cost to
the Government, in order to raise the ambient lighting
level in a hearing or meeting room to the lowest level
necessary to provide adequate television coverage of a
hearing or meeting at the current state of the art of
television coverage.
(7) In the allocation of the number of still
photographers permitted by a committee or subcommittee
chairman in a hearing or meeting room, preference shall
be given to photographers from Associated Press Photos
and United Press International Newspictures. If
requests are made by more of the media than will be
permitted by a committee or subcommittee chairman for
coverage of a hearing or meeting by still photography,
that coverage shall be permitted on the basis of a fair
and equitable pool arrangement devised by the Standing
Committee of Press Photographers.
(8) Photographers may not position themselves between
the witness table and the members of the committee at
any time during the course of a hearing or meeting.
(9) Photographers may not place themselves in
positions that obstruct unnecessarily the coverage of
the hearing by the other media.
(10) Personnel providing coverage by the television
and radio media shall be currently accredited to the
Radio and Television Correspondents' Galleries.
(11) Personnel providing coverage by still
photography shall be currently accredited to the Press
Photographers' Gallery.
(12) Personnel providing coverage by the television
and radio media and by still photography shall conduct
themselves and their coverage activities in an orderly
and unobtrusive manner.
* * * * * * *
RULE XIII: CALENDARS AND COMMITTEE REPORTS
Clause 2: Filing and printing of reports
2. (a)(1) Except as provided in subparagraph (2), all
reports of committees (other than those filed from the floor as
privileged) shall be delivered to the Clerk for printing and
reference to the proper calendar under the direction of the
Speaker in accordance with clause 1. The title or subject of
each report shall be entered on the Journal and printed in the
Congressional Record.
(2) A bill or resolution reported adversely shall be laid
on the table unless a committee to which the bill or resolution
was referred requests at the time of the report its referral to
an appropriate calendar under clause 1 or unless, within three
days thereafter, a Member, Delegate, or Resident Commissioner
makes such a request.
(b)(1) It shall be the duty of the chairman of each
committee to report or cause to be reported promptly to the
House a measure or matter approved by the committee and to take
or cause to be taken steps necessary to bring the measure or
matter to a vote.
(2) In any event, the report of a committee on a measure
that has been approved by the committee shall be filed within
seven calendar days (exclusive of days on which the House is
not in session) after the day on which a written request for
the filing of the report, signed by a majority of the members
of the committee, has been filed with the clerk of the
committee. The clerk of the committee shall immediately notify
the chairman of the filing of such a request. This subparagraph
does not apply to a report of the Committee on Rules with
respect to a rule, joint rule, or order of business of the
House, or to the reporting of a resolution of inquiry addressed
to the head of an executive department.
(c) All supplemental, minority, or additional views filed
under clause 2(l) of rule XI by one or more members of a
committee shall be included in, and shall be a part of, the
report filed by the committee with respect to a measure or
matter. When time guaranteed by clause 2(l) of rule XI has
expired (or, if sooner, when all separate views have been
received), the committee may arrange to file its report with
the Clerk not later than one hour after the expiration of such
time. This clause and provisions of clause 2(l) of rule XI do
not preclude the immediate filing or printing of a committee
report in the absence of a timely request for the opportunity
to file supplemental, minority, or additional views as provided
in clause 2(l) of rule XI.
Clause 3: Content of reports
3. (a)(1) Except as provided in subparagraph (2), the
report of a committee on a measure or matter shall be printed
in a single volume that--
(A) shall include all supplemental, minority, or
additional views that have been submitted by the time
of the filing of the report; and
(B) shall bear on its cover a recital that any such
supplemental, minority, or additional views (and any
material submitted under paragraph (c)(3)) are included
as part of the report.
(2) A committee may file a supplemental report for the
correction of a technical error in its previous report on a
measure or matter. A supplemental report only correcting errors
in the depiction of record votes under paragraph (b) may be
filed under this subparagraph and shall not be subject to the
requirement in clause 4 concerning the availability of reports.
(b) With respect to each record vote on a motion to report
a measure or matter of a public nature, and on any amendment
offered to the measure or matter, the total number of votes
cast for and against, and the names of members voting for and
against, shall be included in the committee report. The
preceding sentence does not apply to votes taken in executive
session by the Committee on Standards of Official Conduct.
(c) The report of a committee on a measure that has been
approved by the committee shall include, separately set out and
clearly identified, the following:
(1) Oversight findings and recommendations under
clause 2(b)(1) of rule X.
(2) The statement required by section 308(a) of the
Congressional Budget Act of 1974, except that an
estimate of new budget authority shall include, when
practicable, a comparison of the total estimated
funding level for the relevant programs to the
appropriate levels under current law.
(3) An estimate and comparison prepared by the
Director of the Congressional Budget Office under
section 402 of the Congressional Budget Act of 1974 if
timely submitted to the committee before the filing of
the report.
(4) A statement of general performance goals and
objectives, including outcome-related goals and
objectives, for which the measure authorizes funding.
(d) Each report of a committee on a public bill or public
joint resolution shall contain the following:
(1) A statement citing the specific powers granted to
Congress in the Constitution to enact the law proposed
by the bill or joint resolution.
(2)(A) An estimate by the committee of the costs that
would be incurred in carrying out the bill or joint
resolution in the fiscal year in which it is reported
and in each of the five fiscal years following that
fiscal year (or for the authorized duration of any
program authorized by the bill or joint resolution if
less than five years);
(B) a comparison of the estimate of costs described
in subdivision (A) made by the committee with any
estimate of such costs made by a Government agency and
submitted to such committee; and
(C) when practicable, a comparison of the total
estimated funding level for the relevant programs with
the appropriate levels under current law.
(3)(A) In subparagraph (2) the term ``Government
agency'' includes any department, agency,
establishment, wholly owned Government corporation, or
instrumentality of the Federal Government or the
government of the District of Columbia.
(B) Subparagraph (2) does not apply to the Committee
on Appropriations, the Committee on House
Administration, the Committee on Rules, or the
Committee on Standards of Official Conduct, and does
not apply when a cost estimate and comparison prepared
by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act of
1974 has been included in the report under paragraph
(c)(3).
(e)(1) Whenever a committee reports a bill or joint
resolution proposing to repeal or amend a statute or part
thereof, it shall include in its report or in an accompanying
document--
(A) the text of a statute or part thereof that is
proposed to be repealed; and
(B) a comparative print of any part of the bill or
joint resolution proposing to amend the statute and of
the statute or part thereof proposed to be amended,
showing by appropriate typographical devices the
omissions and insertions proposed.
(2) If a committee reports a bill or joint resolution
proposing to repeal or amend a statute or part thereof with a
recommendation that the bill or joint resolution be amended,
the comparative print required by subparagraph (1) shall
reflect the changes in existing law proposed to be made by the
bill or joint resolution as proposed to be amended.