[House Prints 115-A]
[From the U.S. Government Publishing Office]
115th Congress } { Committee
1st Session } COMMITTEE PRINT { Print 115-A
_______________________________________________________________________
COMMITTEE ON HOMELAND SECURITY
U.S. HOUSE OF REPRESENTATIVES
----------
RULES AND APPENDIX
for the
COMMITTEE ON HOMELAND SECURITY
during the
ONE HUNDRED FIFTEENTH CONGRESS
FIRST SESSION
----------
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Adopted February 1, 2017
115th Congress } { Committee
1st Session } COMMITTEE PRINT { Print 115-A
_______________________________________________________________________
COMMITTEE ON HOMELAND SECURITY
U.S. HOUSE OF REPRESENTATIVES
__________
RULES AND APPENDIX
for the
COMMITTEE ON HOMELAND SECURITY
during the
ONE HUNDRED FIFTEENTH CONGRESS
FIRST SESSION
__________
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Adopted February 1, 2017
COMMITTEE ON HOMELAND SECURITY
Michael T. McCaul, Texas, Chairman
Lamar Smith, Texas Bennie G. Thompson, Mississippi
Peter T. King, New York Sheila Jackson Lee, Texas
Mike Rogers, Alabama James R. Langevin, Rhode Island
Jeff Duncan, South Carolina Cedric L. Richmond, Louisiana
Tom Marino, Pennsylvania William R. Keating, Massachusetts
Lou Barletta, Pennsylvania Donald M. Payne, Jr., New Jersey
Scott Perry, Pennsylvania Filemon Vela, Texas
John Katko, New York Bonnie Watson Coleman, New Jersey
Will Hurd, Texas Kathleen M. Rice, New York
Martha McSally, Arizona J. Luis Correa, California
John Ratcliffe, Texas Val Butler Demings, Florida
Daniel M. Donovan, Jr., New York Nanette Diaz Barragan, California
Mike Gallagher, Wisconsin
Clay Higgins, Louisiana
John H. Rutherford, Florida
Thomas A. Garrett, Jr., Virginia
Brian K. Fitzpatrick, Pennsylvania
Brendan P. Shields, Staff Director
Joan V. O'Hara, General Counsel
Michael S. Twinchek, Chief Clerk
Hope Goins, Minority Staff Director
(II)
C O N T E N T S
----------
Page
Rules of the Committee on Homeland Security
Rule I.--General Provisions...................................... 1
Rule II.--Subcommittees.......................................... 1
Rule III.--Special Committee Panels.............................. 2
Rule IV.--Regular Meetings....................................... 2
Rule V.--Notice and Publication.................................. 3
Rule VI.--Open Meetings and Hearings; Broadcasting............... 4
Rule VII.--Procedures for Meetings and Hearings.................. 4
Rule VIII.--Witnesses............................................ 5
Rule IX.--Quorum................................................. 6
Rule X.--Decorum................................................. 7
Rule XI.--Referrals to Subcommittees............................. 7
Rule XII.--Subponeas; Counsel.................................... 7
Rule XIII.--Committee Staff...................................... 8
Rule XIV.--Classified and Controlled Unclassified Information.... 9
Rule XV.--Committee Records...................................... 10
Rule XVI.--Committee Rules....................................... 11
Appendices
Committee Policies
Security Access and Control Policy........................... 15
Travel Policy and Guidelines for Committee Members and
Committee Staff............................................ 25
Applicable Provisions of House Rules
Rule VII--Records of the House............................... 33
Rule X--Organization of Committees........................... 34
Rule XI--Procedures of Committees and Unfinished Business.... 41
Rule XII--Receipt and Referral of Measures and Matters....... 47
Rule XIII--Calendars and Committee Reports................... 48
Rule XVII--Decorum and Debate................................ 52
Rule XXI--Restrictions on Certain Bills...................... 53
Rule XXIX--General Provisions................................ 56
Jurisdictional History
Legislative History to Accompany Changes to Rule X
(109th Congress)......................................... 57
Memorandum of Understanding Between the Committee on
Transportation and Infrastructure and the Committee on
Homeland Security
(110th Congress)......................................... 60
Changes to the Standing Rules--Section-By-Section Anaysis
(113th Congress)......................................... 61
Memorandum Regarding Authorization of the Department of
Homeland Security
(115th Congress)......................................... 62
Rules of the Committee on Homeland Security
115th Congress
Adopted February 1, 2017
RULE I.--GENERAL PROVISIONS.
(A) Applicability of the Rules of the U.S. House of
Representatives.--The Rules of the U.S. House of
Representatives (the ``House'') are the rules of the Committee
on Homeland Security (the ``Committee'') and its subcommittees
insofar as applicable.
(B) Applicability to Subcommittees.--Except where the terms
``Full Committee'' and ``subcommittee'' are specifically
mentioned, the following rules shall apply to the Committee's
subcommittees and their respective Chairmen and Ranking
Minority Members to the same extent as they apply to the Full
Committee and its Chairman and Ranking Minority Member.
(C) Appointments by the Chairman.--Clause 2(d) of Rule XI of
the House shall govern the designation of a Vice Chairman of
the Full Committee.
(D) Conferences.--The Chairman is authorized to offer a motion
under clause 1 of Rule XXII of the Rules of the House whenever
the Chairman considers it appropriate.
(E) Committee Website.--The Chairman shall maintain an official
Committee web site for the purposes of furthering the
Committee's legislative and oversight responsibilities,
including communicating information about the Committee's
activities to Committee Members, other Members, and the public
at large. The Ranking Minority Member may maintain a similar
web site for the same purposes. The official Committee web site
shall display a link on its home page to the web site
maintained by the Ranking Minority Member.
(F) Activity Report.--The Committee shall submit a report to
the House on the activities of the Committee in accordance with
House rule XI 1(d).
RULE II.--SUBCOMMITTEES.
(A) Generally.--The Full Committee shall be organized into the
following six standing subcommittees and each shall have
specific responsibility for such measures or matters as the
Chairman refers to it:
L(1) Subcommittee on Counterterrorism and
Intelligence;
L(2) Subcommittee on Border and Maritime Security;
L(3) Subcommittee on Cybersecurity and,
Infrastructure Protection;
L(4) Subcommittee on Oversight and Management
Efficiency;
L(5) Subcommittee on Transportation and Protective
Security; and
L(6) Subcommittee on Emergency Preparedness, Response
and Communications.
(B) Selection and Ratio of Subcommittee Members.--The Chairman
and Ranking Minority Member of the Full Committee shall select
their respective Members of each subcommittee. The ratio of
Majority to Minority Members shall be comparable to the Full
Committee, consistent with the party ratios established by the
Majority party, except that each subcommittee shall have at
least two more Majority Members than Minority Members.
(C) Ex Officio Members.--The Chairman and Ranking Minority
Member of the Full Committee shall be ex officio members of
each subcommittee but are not authorized to vote on matters
that arise before each subcommittee. The Chairman and Ranking
Minority Member of the Full Committee shall only be counted to
satisfy the quorum requirement for the purpose of taking
testimony and receiving evidence.
(D) Powers and Duties of Subcommittees.--Except as otherwise
directed by the Chairman of the Full Committee, each
subcommittee is authorized to meet, hold hearings, receive
testimony, mark up legislation, and report to the Full
Committee on all matters within its purview. Subcommittee
Chairmen shall set hearing and meeting dates only with the
approval of the Chairman of the Full Committee. To the greatest
extent practicable, no more than one meeting and hearing should
be scheduled for a given time.
RULE III.--SPECIAL COMMITTEE PANELS.
(A) Designation.--The Chairman of the Full Committee may
designate a special panel of the Committee consisting of
Members of the Committee to inquire into and take testimony on
a matter or matters that warrant enhanced consideration, and to
report to the Committee.
(B) Party Ratios and Appointment.--The chairman of a special
panel shall be appointed by the Chairman of the Full Committee.
The Ranking Minority Member of the Full Committee may select a
ranking minority member for a special panel and may appoint
additional minority members, consistent with the ratio of the
full committee. The Chairman and Ranking Minority Member may
serve as ex officio members.
(C) Duration.--No special panel shall continue in existence for
more than six months.
(D) Jurisdiction.--No panel shall have legislative
jurisdiction.
RULE IV.--REGULAR MEETINGS.
(A) Regular Meeting Date.--The regular meeting date and time
for the transaction of business of the Full Committee shall be
at 10:00 a.m. on the first Wednesday that the House is in
Session each month, unless otherwise directed by the Chairman.
(B) Additional Meetings.--At the discretion of the Chairman,
additional meetings of the Committee may be scheduled for the
consideration of any legislation or other matters pending
before the Committee, or to conduct other Committee business.
The Committee shall meet for such purposes pursuant to the call
of the Chairman.
(C) Consideration.--Except in the case of a special meeting
held under clause 2(c)(2) of House Rule XI, the determination
of the business to be considered at each meeting of the
Committee shall be made by the Chairman.
RULE V.--NOTICE AND PUBLICATION.
(A) Notice.--
L(1) Hearings.--
L(a) Pursuant to clause 2(g)(3) of rule XI of the
Rules of the House of Representatives, the Chairman of
the Committee shall make public announcement of the
date, place, and subject matter of any hearing before
the Full Committee or subcommittee, which may not
commence earlier than one week after such notice.
L(b) However, a hearing may begin sooner than
specified in (a) if the Chairman of the Committee, with
the concurrence of the Ranking Minority Member,
determines that there is good cause to begin such
hearing sooner, or if the Committee so determines by
majority vote, a quorum being present for the
transaction of business. If such a determination is
made, the Chairman shall make the announcement required
under (a) at the earliest possible date. To the extent
practicable, the names of all witnesses scheduled to
appear at such hearing shall be provided to Members no
later than 48 hours prior to the commencement of such
hearing.
L(2) Meetings.-- The Chair shall announce the date,
time, place and subject matter of any meeting, which
may not commence earlier than the third day on which
Members have notice thereof except in the case of a
special meeting called under clause 2(c)(2) of House
Rule XI. These notice requirements may be waived if the
Chairman with the concurrence of the Ranking Minority
Member, determines that there is good cause to begin
the meeting sooner or if the Committee so determines by
majority vote, a quorum being present for the
transaction of business.
L(a) At least 48 hours prior to the commencement of
a meeting for the markup of legislation, or at the time
of announcement of the meeting, if less than 48 hours
under Rule V(A)(2), the text of such legislation to be
marked up shall be provided to the Members, made
publicly available in electronic form, and posted on
the official Committee web site.
L(b) Not later than 24 hours after concluding a
meeting to consider legislation, the text of such
legislation as ordered forwarded or reported, including
any amendments adopted or defeated, shall be made
publicly available in electronic form.
L(3) Briefings.-- The Chairman shall provide notice
of the date, time, place, and subject matter of a
Member briefing. To the extent practicable, a Member
briefing shall not commence earlier than the third day
on which Members have notice thereof.
L(4) Publication.--House Rule XI 2(g)(3)(C) is hereby
incorporated by reference.
RULE VI.--OPEN MEETINGS AND HEARINGS; BROADCASTING.
(A) Open Meetings.--
L(1) All meetings and hearings of the Committee shall
be open to the public including to radio, television,
and still photography coverage, except as provided by
Rule XI of the Rules of the House or when the
Committee, in open session and with a majority present,
determines by recorded vote that all or part of the
remainder of that hearing on that day shall be closed
to the public because disclosure of testimony,
evidence, or other matters to be considered would
endanger the national security, compromise sensitive
law enforcement information, tend to defame, degrade or
incriminate a witness, or violate any law or rule of
the House of Representatives.
L(2) The Committee or Subcommittee may meet in
executive session for up to five additional consecutive
days of hearings if agreed to by the same procedure.
(B) Broadcasting.--Whenever any hearing or meeting conducted by
the Committee is open to the public, the Committee shall permit
that hearing or meeting to be covered by television broadcast,
internet broadcast, print media, and still photography, or by
any of such methods of coverage, in accordance with the
provisions of clause 4 of Rule XI of the Rules of the House.
Operation and use of any Committee operated broadcast system
shall be fair and nonpartisan and in accordance with clause
4(b) of Rule XI and all other applicable rules of the Committee
and the House. Priority shall be given by the Committee to
members of the Press Galleries. Pursuant to clause 2(e) of rule
XI of the Rules of the House of Representatives, the Committee
shall, to the greatest extent practicable, provide audio and
video coverage of each hearing or meeting in a manner that
allows the public to easily listen to and view the proceedings
and shall maintain the recordings of such coverage in a manner
that is easily accessible to the public.
(C) Transcripts.--A transcript shall be made of the testimony
of each witness appearing before the Committee during a
Committee hearing. All transcripts of meetings or hearings that
are open to the public shall be made available.
RULE VII.--PROCEDURES FOR MEETINGS AND HEARINGS.
(A) Opening Statements.--At any meeting of the Committee, the
Chairman and Ranking Minority Member shall be entitled to
present oral opening statements of five minutes each. Other
Members may submit written opening statements for the record.
The Chairman presiding over the meeting may permit additional
opening statements by other Members of the Full Committee or of
that subcommittee, with the concurrence of the Ranking Minority
Member.
(B) The Five-Minute Rule.--The time any one Member may address
the Committee on any bill, motion, or other matter under
consideration by the Committee shall not exceed five minutes,
and then only when the Member has been recognized by the
Chairman, except that this time limit may be extended when
permitted by unanimous consent.
(C) Postponement of Vote.--The Chairman may postpone further
proceedings when a record vote is ordered on the question of
approving any measure or matter or adopting an amendment and
may resume proceedings on a postponed vote at any time after
reasonable notice to Members by the Clerk or other designee of
the Chairman. When proceedings resume on a postponed question,
notwithstanding any intervening order for the previous
question, an underlying proposition shall remain subject to
further debate or amendment to the same extent as when the
question was postponed.
(D) Record.--Members may have 10 business days to submit to the
Chief Clerk of the Committee their statements for the record,
and, in the case of a hearing, additional questions for the
hearing record to be directed towards a witness at the hearing.
Rule VIII.--WITNESSES.
(A) Questioning of Witnesses.--
L(1) Questioning of witnesses by Members will be
conducted under the five- minute rule unless the
Committee adopts a motion permitted by clause 2(j)(2)
of House Rule XI.
L(2) In questioning witnesses under the five-minute
rule, the Chairman and the Ranking Minority Member
shall first be recognized. In a subcommittee meeting or
hearing, the Chairman and Ranking Minority Member of
the Full Committee are then recognized. All other
Members who are present before the commencement of the
meeting or hearing will be recognized in the order of
seniority on the Committee, alternating between
Majority and Minority Members. Committee Members
arriving after the commencement of the hearing shall be
recognized in order of appearance, alternating between
Majority and Minority Members, after all Members
present at the beginning of the hearing have been
recognized. To the extent practicable, each Member
shall be recognized at least once before any Member is
given a second opportunity to question a witness.
L(3) The Chairman, in consultation with the Ranking
Minority Member, or the Committee by motion, may permit
a specified number of Members to question a witness for
a period longer than five minutes, but the time
allotted must be equally apportioned to the Majority
party and the Minority and may not exceed one hour in
the aggregate.
L(4) The Chairman, in consultation with the Ranking
Minority Member, or the Committee by motion, may permit
Committee staff of the Majority and Minority to
question a witness for a specified period of time, but
the time allotted must be equally apportioned to the
Majority and Minority staff and may not exceed one hour
in the aggregate.
(B) Minority Witnesses.-- House Rule XI 2 (j)(1) is hereby
incorporated by reference.
(C) Oath or Affirmation.--The Chairman of the Committee or any
Member designated by the Chairman, may administer an oath to
any witness.
(D) Statements by Witnesses.--
L(1) Consistent with the notice given, and to the
greatest extent practicable, witnesses shall submit a
prepared or written statement for the record of the
proceedings (including, where practicable, an
electronic copy) with the Clerk of the Committee no
less than 48 hours in advance of the witness's
appearance before the Committee.
L(2) In the case of a witness appearing in a non-
governmental capacity, a written statement of proposed
testimony shall include a curriculum vita and a
disclosure of any Federal grants or contracts, or
contracts or payments originating with a foreign
government, received during the current calendar year
or either of the two preceding calendar years by the
witness or by an entity represented by the witness and
related to the subject matter of the hearing. Such
disclosures shall include the amount and source of each
Federal grant (or subgrant thereof) or contract (or
subcontract thereof) related to the subject matter of
the hearing, and the amount and country of origin of
any payment or contract related to the subject matter
jurisdiction of the hearing originating with a foreign
government. Such statements, with the appropriate
redactions to protect the privacy or security of the
witness, shall be made publicly available in electronic
form not later than one day after the witness appears.
RULE IX.--QUORUM.
Quorum Requirements.--Two Members shall constitute a quorum for
purposes of taking testimony and receiving evidence. One-third
of the Members of the Committee shall constitute a quorum for
conducting business, except for (1) reporting a measure or
recommendation; (2) closing Committee meetings to the public,
pursuant to Committee Rule IV; (3) any other action for which
an actual majority quorum is required by any rule of the House
of Representatives or by law. The Chairman's staff shall
consult with the Ranking Minority Member's staff when
scheduling meetings and hearings, to ensure that a quorum for
any purpose will include at least one Minority Member of the
Committee.
RULE X.--DECORUM.
(A) Breaches of Decorum.--The Chairman may punish breaches of
order and decorum, by censure and exclusion from a hearing or
meeting and the Committee may cite the offender to the House
for contempt.
(B) Access to Dais.--Access to the dais before, during, and
after a hearing, markup, or other meeting of the Committee
shall be limited to Members and staff of the Committee. Subject
to availability of space on the dais, Committee Members'
personal staff may be present on the dais during a hearing if
their employing Member is seated on the dais and during a
markup or other meeting if their employing Member is the author
of a measure or amendment under consideration by the Committee,
but only during the time that the measure or amendment is under
active consideration by the Committee, or otherwise at the
discretion of the Chairman, or of the Ranking Minority Member
for personal staff employed by a Minority Member.
(C) Wireless Communications Use Prohibited.--During a hearing,
mark-up, or other meeting of the Committee, ringing or audible
sounds or conversational use of cellular telephones or other
electronic devices is prohibited in the Committee room.
RULE XI.--REFERRALS TO SUBCOMMITTEES.
Referral of Bills and Other Matters by Chairman.--Except for
bills and other matters retained by the Chairman for Full
Committee consideration, each bill or other matter referred to
the Full Committee shall be referred by the Chairman to one or
more subcommittees within two weeks of receipt by the
Committee. In referring any measure or matter to a
subcommittee, the Chair may specify a date by which the
subcommittee shall report thereon to the Full Committee. Bills
or other matters referred to subcommittees may be reassigned or
discharged by the Chairman.
RULE XII.--SUBPOENAS; COUNSEL.
(A) Authorization.-- The power to authorize and issue subpoenas
is delegated to the Chairman of the Full Committee, as provided
for under clause 2(m)(3)(A)(i) of Rule XI of the Rules of the
House of Representatives. The Chairman shall notify the Ranking
Minority Member prior to issuing any subpoena under such
authority. To the extent practicable, the Chairman shall
consult with the Ranking Minority Member at least 24 hours in
advance of a subpoena being issued under such authority,
excluding Saturdays, Sundays, and Federal holidays. The
Chairman of the Full Committee shall notify Members of the
Committee of the authorization and issuance of a subpoena under
this rule as soon as practicable, but in no event later than
one week after service of such subpoena.
(B) Disclosure.--Provisions may be included in a subpoena with
the concurrence of the Chairman and the Ranking Minority Member
of the Full Committee, or by the Committee, to prevent the
disclosure of the Full Committee's demands for information when
deemed necessary for the security of information or the
progress of an investigation, including but not limited to
prohibiting the revelation by witnesses and their counsel of
Full Committee's inquiries.
(C) Subpoena duces tecum.--A subpoena duces tecum may be issued
whose return to the Committee Clerk shall occur at a time and
place other than that of a regularly scheduled meeting.
(D) Counsel.--When representing a witness or entity before the
Committee in response to a document request, request for
transcribed interview, or subpoena from the Committee, or in
connection with testimony before the Committee at a hearing,
counsel for the witness or entity must promptly submit to the
Committee a notice of appearance specifying the following: (a)
counsel's name, firm or organization, and contact information;
and (b) each client represented by the counsel in connection
with the proceeding. Submission of a notice of appearance
constitutes acknowledgement that counsel is authorized to
accept service of process by the Committee on behalf of such
client(s), and that counsel is bound by and agrees to comply
with all applicable House and Committee rules and regulations.
RULE XIII.--COMMITTEE STAFF.
(A) Generally.--Committee staff members are subject to the
provisions of clause 9 of House Rule X and must be eligible to
be considered for routine access to classified information.
(B) Staff Assignments.--For purposes of these rules, Committee
staff means the employees of the Committee, detailees, fellows,
or any other person engaged by contract or otherwise to perform
services for, or at the request of, the Committee. All such
persons shall be either Majority, Minority, or shared staff.
The Chairman shall appoint, supervise, where applicable
determine remuneration of, and may remove Majority staff. The
Ranking Minority Member shall appoint, supervise, where
applicable determine remuneration of, and may remove Minority
staff. In consultation with the Ranking Minority Member, the
Chairman may appoint, supervise, determine remuneration of and
may remove shared staff that is assigned to service of the
Committee. The Chairman shall certify Committee staff
appointments, including appointments by the Ranking Minority
Member, as required.
(C) Divulgence of Information.--Prior to the public
acknowledgement by the Chairman or the Committee of a decision
to initiate an investigation of a particular person, entity, or
subject, no member of the Committee staff shall knowingly
divulge to any person any information, including non-classified
information, which comes into his or her possession by virtue
of his or her status as a member of the Committee staff, if the
member of the Committee staff has a reasonable expectation that
such information may alert the subject of a Committee
investigation to the existence, nature, or substance of such
investigation, unless authorized to do so by the Chairman or
the Committee.
RULE XIV.--CLASSIFIED AND CONTROLLED UNCLASSIFIED INFORMATION.
(A) Security Precautions.--Committee staff offices, including
Majority and Minority offices, shall operate under strict
security precautions administered by the Security Officer of
the Committee. A security officer shall be on duty at all times
during normal office hours. Classified documents and controlled
unclassified information (CUI)- formerly known as sensitive but
unclassified (SBU) information- may be destroyed, discussed,
examined, handled, reviewed, stored, transported and used only
in an appropriately secure manner in accordance with all
applicable laws, executive orders, and other governing
authorities. Such documents may be removed from the Committee's
offices only in furtherance of official Committee business.
Appropriate security procedures, as determined by the Chairman
in consultation with the Ranking Minority Member, shall govern
the handling of such documents removed from the Committee's
offices.
(B) Temporary Custody of Executive Branch Material.--Executive
branch documents or other materials containing classified
information in any form that were not made part of the record
of a Committee hearing, did not originate in the Committee or
the House, and are not otherwise records of the Committee
shall, while in the custody of the Committee, be segregated and
maintained by the Committee in the same manner as Committee
records that are classified. Such documents and other materials
shall be returned to the Executive branch agency from which
they were obtained at the earliest practicable time.
(C) Access by Committee Staff.--Access to classified
information supplied to the Committee shall be limited to
Committee staff members with appropriate security clearances
and a need-to-know, as determined by the Chairman or Ranking
Minority Member, and under the direction of the Majority or
Minority Staff Directors.
(D) Maintaining Confidentiality.--No Committee Member or
Committee staff shall disclose, in whole or in part or by way
of summary, to any person who is not a Committee Member or
authorized Committee staff for any purpose or in connection
with any proceeding, judicial or otherwise, any testimony given
before the Committee in executive session except for purposes
of obtaining an official classification of such testimony.
Classified information and controlled unclassified information
(CUI) shall be handled in accordance with all applicable laws,
executive orders, and other governing authorities and
consistently with the provisions of these rules and Committee
procedures.
(E) Oath.--Before a Committee Member or Committee staff may
have access to classified information, the following oath (or
affirmation) shall be executed:
I do solemnly swear (or affirm) that I will not
disclose any classified information received in
the course of my service on the Committee on
Homeland Security, except as authorized by the
Committee or the House of Representatives or in
accordance with the Rules of such Committee or
the Rules of the House.
Copies of the executed oath (or affirmation) shall be retained
by the Clerk of the Committee as part of the records of the
Committee.
(F) Disciplinary Action.--The Chairman shall immediately
consider disciplinary action in the event any Committee Member
or Committee staff member fails to conform to the provisions of
these rules governing the disclosure of classified or
unclassified information. Such disciplinary action may include,
but shall not be limited to, immediate dismissal from the
Committee staff, criminal referral to the Justice Department,
and notification of the Speaker of the House. With respect to
Minority staff, the Chairman shall consider such disciplinary
action in consultation with the Ranking Minority Member.
RULE XV.--COMMITTEE RECORDS.
(A) Committee Records.-- House Rule XI 2(e) is hereby
incorporated by reference.
(B) Legislative Calendar.--The Clerk of the Committee shall
maintain a printed calendar for the information of each
Committee Member showing any procedural or legislative measures
considered or scheduled to be considered by the Committee, and
the status of such measures and such other matters as the
Committee determines shall be included. The calendar shall be
revised from time to time to show pertinent changes. A copy of
such revisions shall be made available to each Member of the
Committee upon request.
(C) Members Right To Access.--Members of the Committee and of
the House shall have access to all official Committee Records.
Access to Committee files shall be limited to examination
within the Committee offices at reasonable times. Access to
Committee Records that contain classified information shall be
provided in a manner consistent with these rules.
(D) Removal of Committee Records.--Files and records of the
Committee are not to be removed from the Committee offices. No
Committee files or records that are not made publicly available
shall be photocopied by any Member.
(E) Executive Session Records.--Evidence or testimony received
by the Committee in executive session shall not be released or
made available to the public unless authorized by the
Committee, a majority being present. Such information may be
made available to appropriate government personnel for purposes
of classification. Members may examine the Committee's
executive session records, but may not make copies of, or take
personal notes from, such records.
(F) Availability of Committee Records.--The Committee shall
keep a complete record of all Committee action including
recorded votes and attendance at hearings and meetings.
Information so available for public inspection shall include a
description of each amendment, motion, order, or other
proposition, including the name of the Member who offered the
amendment, motion, order, or other proposition, and the name of
each Member voting for and each Member voting against each such
amendment, motion, order, or proposition, as well as the names
of those Members present but not voting. Such record shall be
made available to the public at reasonable times within the
Committee offices and also made publicly available in
electronic form and posted on the official Committee web site
within 48 hours of such record vote.
(G) Separate and Distinct.--All Committee records and files
must be kept separate and distinct from the office records of
the Members serving as Chairman and Ranking Minority Member.
Records and files of Members' personal offices shall not be
considered records or files of the Committee.
(H) Disposition of Committee Records.--At the conclusion of
each Congress, non-current records of the Committee shall be
delivered to the Archivist of the United States in accordance
with Rule VII of the Rules of the House.
(I) Archived Records.--The records of the Committee at the
National Archives and Records Administration shall be made
available for public use in accordance with Rule VII of the
Rules of the House. The Chairman shall notify the Ranking
Minority Member of any decision, pursuant to clause 3(b)(3) or
clause 4(b) of the Rule, to withhold a record otherwise
available, and the matter shall be presented to the Committee
for a determination on the written request of any member of the
Committee. The Chairman shall consult with the Ranking Minority
Member on any communication from the Archivist of the United
States or the Clerk of the House concerning the disposition of
noncurrent records pursuant to clause 3(b) of the Rule.
RULE XVI.--COMMITTEE RULES.
(A) Availability of Committee Rules in Electronic Form.--House
Rule XI 2(a) is hereby incorporated by reference.
(B) Changes to Committee Rules.--These rules may be modified,
amended, or repealed by the Full Committee provided that a
notice in writing of the proposed change has been given to each
Member at least 48 hours prior to the meeting at which action
thereon is to be taken and such changes are not inconsistent
with the Rules of the House of Representatives.
=======================================================================
A P P E N D I C E S
=======================================================================
Security and Access Control Policy
115th Congress
Signed February 1, 2017
------
In accordance with Executive Order 12958 (Classified
National Security Information) and Rule XIV of the Committee on
Homeland Security (``Committee''), the following Security and
Access Control Policy is established. It shall apply to Members
of Congress, as well as all Majority and Minority staff
members, interagency detailees, fellows, and interns
(collectively ``Committee personnel''). It is effective from
the time of this writing through the end of the 115th Congress.
SECTION 1. COMMITTEE SECURITY DIRECTOR.
SUBSECTION A.
The Committee will designate a staff member to serve as the
Committee's nonpartisan Security Director. The Security
Director, appointed by the Chairman with notification to the
Ranking Minority Member, shall serve as the principle security
liaison for the Committee with the National Intelligence
Council, the Office of the Director of National Intelligence,
and other members of the Intelligence Community. The Committee
Security Director shall be the Committee's Classified Material
Control Officer (CMCO), and be responsible for ensuring that
any Committee staff member with a security clearance is briefed
on the contents of this policy.
SUBSECTION B. PRINCIPLES OF FAIR ACCESS.
(1) LThe Security Director, and those acting in such a
capacity, shall carry out his/her duties in a fair and
nonpartisan manner, providing the same consideration
and right of access to classified Committee holdings to
Members of the Committee and Committee staff from both
the Majority and Minority parties.
(2 LThe Security Director shall establish a list of shared
security spaces and resources that will be available to
all appropriately cleared Committee staff provided
that:
(a) LSuch shared security spaces shall not include
spaces specifically designated as Majority staff
spaces;
(b) LThe Security Director develops an electronic
calendar to schedule shared security spaces on a first
come, first served basis (except that priority will be
given to the Chairman, then Ranking Member, and then
Committee Members based on seniority in the House);
(c) LSuch shared security resources shall include access
to secure telephone equipment and CAPNET; and
(d) LSuch shared security resources shall include access
to classified Committee holdings provided an adequate
mechanism for tracking access is established.
(3) LThe Majority and Minority staff directors shall each
designate one alternate CMCO who shall liaise with the
Security Director for all clearance and security
matters, and who shall be equally responsible for
maintaining and auditing the classified material
inventory. Such an audit shall be conducted at least
bi-annually, with interim periodic inventory checks.
(4) LUnescorted access to shared security spaces and
resources may only be provided to appropriately cleared
staff with a Top Secret clearance who are authorized
access to Sensitive Compartmented Information.
SUBSECTION C.
The Committee Security Director shall be the principle
liaison with the Capitol Police, in coordination with the
Majority Staff Director, and coordinate security requests for
classified hearings, briefings, meetings, and travel for the
Members. In addition, the Security Director shall serve as the
point of contact regarding threats to Committee Members or
witnesses, as appropriate, while Committee business is
occurring, in coordination with the Majority Staff Director
and, in matters related to a Minority Member, in coordination
with the Minority Staff Director.
SUBSECTION D.
The Security Director shall provide properly justified
requests for security clearances to the Sergeant at Arms of the
House of Representatives, and track the completion of security
clearances for Committee staff. The Security Director shall
serve as the point-of-contact for the Sergeant at Arms on all
security and clearance matters for the Committee.
SUBSECTION E.
The Security Director shall be responsible for receiving,
inventorying, distributing, tracking, archiving, and destroying
the Committee's classified holdings, in accordance with
Department of Defense (DoD) and Central Intelligence Agency
(CIA) procedures. Responsibilities also include Sensitive
Compartmented Information Facility (SCIF) access controls,
clearance processing for meetings on and outside Capitol Hill,
and clearance request processing and tracking.
SUBSECTION F.
The Security Director or his designee shall be available
from 9:00 a.m. to 6:00 p.m. on days when the House is in
session, and 9:00 a.m. to 5:00 p.m. on business days when the
House is not in session, to receive classified materials. If
the Security Director or the Chief Clerk is unavailable to
receive classified materials, a designated alternate identified
by the Majority Staff Director, with notification to the
Minority Staff Director, shall be available to receive, log,
and securely store the materials in the SCIF in either House
Visitor Center 302 (HVC 302) or H2-176 Ford House Office
Building (Ford H2-l76).
SUBSECTION G.
The Security Director shall be responsible for the
enforcement of this Security and Access Control Policy. The
Security Director is responsible for conducting investigations
into the mishandling of classified or sensitive materials,
violations of the Security and Access Control Policy, or any
other breach of security in cooperation with the Sergeant at
Arms or other relevant authorities. In this capacity, the
Security Director shall report to the Chairman any violations
of the policy, as well as Committee and House Rules relating to
the protection of classified information.
SUBSECTION H.
The Security Director shall arrange for all staff with
clearances to receive a yearly mandatory training session on
the proper use, storage, handling, and destruction of
classified and sensitive materials, as required by the House
Sergeant at Arms' Security Awareness Education and Awareness
Training program.
SECTION 2. ACCESS TO SECURE COMMITTEE SPACES.
SUBSECTION A.
(1) LCurrently, the HVC and Ford SCIFs are the only
Committee office areas designated as secure for the
purpose of processing, storing, discussing,
transmitting, reproducing or disposing of classified
information for the normal course of day-to-day
Committee business.
(2) LAny such processing, storing, discussing,
transmitting, reproducing or disposing of classified
information in the common areas of Committee offices or
otherwise outside a SClF or properly secured area is
prohibited, except that a) classified information may,
as deemed appropriate, be displayed, disseminated, and
discussed in a Committee hearing room during closed
session pursuant to House Rule Xl, clause 2(g) and
Committee Rule VI(A) following a security sweep of the
premises, and b) certain classified materials may, as
appropriate, be reviewed and discussed in an
appropriately secured area or on a secure phone that
has been approved and provided by the Sergeant at Arms.
Under no circumstances, however, should staff or
Members discuss classified information over unsecured
telephones, in public conveyances or places, or in any
other manner that permits interception by unauthorized
persons.
(3) LThis policy applies to documents, materials, and
information provided to the Committee by Congressional
or Executive Branch entities or generated by the
Committee in the course of its activities that bear a
classification of Confidential, Secret, or Top Secret,
including all codeword and special access classified
information.
(4) LElectronic communication devices (including but not
limited to BlackBerries, cellular phones, PDAs and/or
pagers) cannot be taken into any designated SCIF. The
Security Director will make arrangements for the proper
safekeeping of such devices outside the meeting room.
SUBSECTION B.
The Security Director will arrange for the House
identification cards of the Majority Staff Director, the Chief
Clerk, the Counterterrorism and Intelligence Subcommittee
Majority Staff Director, and other staff designated by the
Chairman, to unlock and access shared security spaces. All
other Committee staff shall arrange access with the Security
Director. Access to the shared security spaces will include the
ability to access and use the equipment, technology, and
resources (e.g., designated safe(s), STE(s), and classified
computer(s)) located in the SClF. Any additional Committee
staff SCIF ID access requests must be approved by the Chairman.
These individuals will also be provided individual access to
the Committee's classified computer system for the creation and
storage of classified Committee documents. The Chairman shall
designate separate workspace for use by the Majority and
Minority staff during regular Committee business hours.
SUBSECTION C.
The Security Director shall be provided as much advance
notice as possible of any classified briefings or meetings
scheduled to occur in HVC 302 or Ford H2-176. To the maximum
extent practicable, the Security Director shall be given a
list, at least 24 hours in advance, of all briefers, non-
Committee Members, staff, detailees, and fellows attending a
briefing in either the HVC or Ford SClF.
SUBSECTION D.
In the event of an emergency after regular business hours,
Members and staff may access the HVC or Ford SCIF through the
Security Director or an appropriate alternate (as outlined in
section 5).
SECTION 3. PERSONS ELIGIBLE TO ACCESS CLASSIFIED COMMITTEE
HOLDINGS.
SUBSECTION A.
Access to classified Committee holdings are generally
limited to Committee Members and staff with appropriate
security clearances and a ``need-to know,'' as determined by
the Chairman and Ranking Member and under the direction of the
Majority and Minority Staff Directors or their designees.
Before a Member or Committee staff member may have access to
classified information, they must sign the Oath for Access to
Classified information (copy attached) in accordance with
Committee Rule XV and Clause 13 of House Rule XXIII.
SUBSECTION B.
Non-Committee Members having a ``need to know,'' as
determined by the Chairman, as provided in Clause 2(e)(2)(B) of
House Rule XI, may access Committee holdings only if they have
complied with Clause 13 of House Rule XXIII. The Chairman, in
consultation with the Ranking Member, may place additional
restrictions on non-Committee Member access to the Committee's
classified Committee holdings as appropriate and necessary.
SECTION 4. REQUESTS FOR CLASSIFIED MATERIALS TO BE DELIVERED TO
THE COMMITTEE.
SUBSECTION A.
The Security Director shall be responsible for processing
and logging all requests to other agencies or branches of the
U.S. Government for classified material to be delivered to the
Committee. Only the Security Director is authorized to process
official, written requests for classified material to be
delivered to the Committee.
SUBSECTION B.
Only the Security Director and designated alternates shall
be authorized to accept classified holdings delivered to the
Committee. In the event a staff member inadvertently receives
or opens an envelope containing classified material, the
individual will not open the inner, marked envelope but shall
immediately report the receipt of the envelope to the Committee
Security Director and await instructions.
SUBSECTION C.
When Committee Members or staff request written, classified
material from an agency in the normal course of Committee
business, that person shall notify the Security Director
immediately of the request. If the material requested is of an
urgent nature, the Member or staff member shall notify the
Security Director of that fact. For all materials that are
deemed urgent, the Security Director shall provide notice to
the requesting Member or staff member and the appropriate Staff
Director upon receipt of the materials. Notification for all
other materials delivered to the Committee shall be handled in
accordance with Section 6, Subsection E.
SECTION 5. REQUESTS FOR REVIEW OF CLASSIFIED HOLDINGS.
SUBSECTION A.
All efforts to accommodate requests for review of
classified Committee holdings in the HVC or Ford SCIF will be
made during business hours (9:00 a.m. to 6:00 p.m. weekdays,
excluding holidays). If after-hours access is necessary, the
relevant staff member shall notify the Security Director and
appropriate Staff Director in a timely manner to arrange for
authorized personnel to be present, in accordance with Section
7 below. If the Security Director is not available to
accommodate a request, whether during business hours or after-
hours, Section 7 below shall govern.
SUBSECTION B.
Committee Members directly seeking to review classified
Committee holdings shall contact the Security Director and
identify the specific Committee holdings requested for review.
Committee Member requests shall be treated as a priority and
all reasonable requests shall be accommodated, as allowed by
law, Executive Order, and the rules and policies of the House
and the Committee. In order to access a specific holding,
Committee Members must sign a Committee on Homeland Security
Signature Record (copy attached). The Security Director will
maintain the signed Committee on Homeland Security Signature
Record.
SUBSECTION C.
Non-Committee Members directly seeking to review classified
Committee holdings should contact the Security Director and
appropriate Staff Director and identify the specific Committee
holdings requested for review. Such requests may be
accommodated, so long as they do not interfere with requests
from Committee Members, and the non-Committee Member's ``need
to know'' is determined by the Chairman. In order to access a
specific holding, non-Committee Members must sign a Committee
on Homeland Security Signature Record, identifying the material
and the time of arrival and departure of Members requesting
access to classified information. The Security Director or a
designated appropriately cleared Committee staff member will be
present while a non-Committee Member reviews classified
information. The Security Director will maintain the signed
Committee on Homeland Security Signature Record.
SUBSECTION D.
(1) LAll Committee staff members will inform the Security
Director in a timely fashion and provide a brief
explanation of his/her ``need-to-know'' and the
authorization of the appropriate Staff Director when
requesting specific Committee holdings.
(2) LIf a Committee staff member is searching for holdings
on a specific subject area, the Security Director will
be responsible for promptly informing such staff member
of all the relevant holdings in the Committee's
possession.
(3) LGeneral requests from Committee staff members to
browse the classified inventory holdings will not be
granted, though the Majority and Minority Staff
Directors may designate a specific individual on each
of their respective staffs to periodically review the
inventory list in furtherance of official Committee
business.
(4) LAll Committee staff members accessing a classified
document in the Committee's inventory are required to
sign the Committee on Homeland Security Signature
Record. The Security Director will maintain the signed
Committee on Homeland Security Signature Record.
SUBSECTION E.
The Security Director will keep all requests for access to
specific classified material confidential and not share any
requests with any other Committee Members or staff, except
where it is necessary for the Security Director to consult with
relevant Staff Directors or designees to resolve any concerns
with the request.
SECTION 6. REVIEW OF CLASSIFIED COMMITTEE HOLDINGS.
SUBSECTION A.
(1) LIt is expected that the storage, production,
reproduction, discussion, or review of classified
Committee holdings will primarily occur in the
Committee's HVC and, occasionally, Ford SClF. Any such
storage, production, reproduction, discussion, or
review of classified information in the common areas of
Committee offices or otherwise outside a SCIF or
properly secured area is prohibited, except that a)
classified information may, as deemed appropriate, be
displayed, disseminated, and discussed in a Committee
hearing room during closed session pursuant to House
Rule XI(2)(g) and Committee Rule VI, following a
security sweep of the premises; and b) certain
classified materials may, as appropriate, be reviewed
and discussed in an appropriately secured area or on a
secure phone that has been approved by the Sergeant at
Arms. Under no circumstances, however, should Members
or staff discuss classified information over unsecured
telephones, in public conveyances or places, or in any
other manner that permits interception by unauthorized
persons.
(2) LIn any event, no classified Committee document will
be removed from the inventory without the prior
approval of the Security Director, in consultation with
the Majority Staff Director. Proper handling procedures
must be demonstrated and chain of custody established
prior to releasing such documents. It is understood
that if classified Committee holdings are approved for
removal from the HVC or Ford SCIF, the rooms where the
classified material is reviewed or discussed shall be
secured to the extent necessary to accommodate the
classification level of the most sensitive material
being handled.
(3) LThis policy applies to documents, material, and
information provided to the Committee by Congressional
or Executive Branch entities that bear a classification
of Confidential, Secret or Top Secret, including all
codeword and special access classified information.
SUBSECTION B.
If documents are improperly removed from the SCIF, the
Security Director and the Majority Staff Director shall be
notified immediately or upon realization of such a removal. If
the matter involves the removal of documents by a Minority
Member or Minority staff member, the Minority Staff Director
shall also be notified.
SUBSECTION C.
No reproduction or recordings may be made of any portion of
the classified information reviewed by Members or staff. Any
notes containing classified information must be maintained by
the Security Director within either the HVC or Ford SCIF.
SUBSECTION D.
Classified documents newly created within either the HVC or
Ford SCIF or during closed session pursuant to House Rule
XI(2)(g) and Committee Rule VI shall be marked according to the
highest level of classification contained in the documents or
testimony from which they originated. They are to be designated
Committee holdings and must be treated as such in accordance
with Committee rules. The Security Director, in coordination
with the Majority and Minority Staff Directors, will be the
only staff member to classify such documents, and shall do so
with the approval of the Chairman.
SUBSECTION E.
The Security Director shall send a daily, unclassified
notice of newly arrived documents to the Majority and Minority
Staff Directors and their designees. As appropriate, the
Security Director shall also notify the relevant Staff
Director(s) if specific Committee staff requested such
documents. In addition, the Majority and Minority Staff
Directors shall assign an individual from their respective
offices to review the Committee's inventory with the Security
Director every December.
SECTION 7. PROCEDURES FOR WHEN THE SECURITY DIRECTOR IS
UNAVAILABLE/OUT OF THE OFFICE.
SUBSECTION A.
If an appropriately-cleared staff member has contacted the
Security Director and the Security Director is out of the
office or unavailable to provide access to the specific
holdings in a reasonable timeframe, then the requesting staff
member may inform the Majority or Minority Staff Director of
his or her need to know and then request from the Majority
Staff Director timely access to the specific holdings.
SUBSECTION B.
If approved, the staff member shall be accompanied by a
staff member designated by the Majority Staff Director, who
shall provide access to the HVC or Ford SCIF and the classified
holding in question. Only the specified classified holding may
be reviewed by the requesting staff member.
SUBSECTION C.
The reviewing staff member shall be required to complete,
and the accompanying staff member to sign, a Committee on
Homeland Security Signature Record, identifying the material
and the time of arrival and departure of the reviewing staff
member and attesting that the Committee's security and access
control policy was adhered to during the access and review of
the holding. Such form shall be maintained with the material
reviewed.
SECTION 8. PROCEDURES FOR CLASSIFIED HEARINGS AND BRIEFINGS.
SUBSECTION A.
Classified hearings and briefings shall be limited to
Committee Members and Committee staff members with appropriate
security clearance and a need-to-know, as determined by the
Chairman (and also by the Ranking Minority Member regarding
Minority Members and staff) and under the direction of the
Majority and Minority Staff Directors. If appropriate and
necessary, the Chairman, in consultation with the Ranking
Minority Member, may agree to make exceptions on a case-by-case
basis to allow attendance by appropriately cleared non-
Committee Members and staff with a need-to-know. All such
individuals approved for this exception must be in compliance
with all Committee and House rules regarding access to
classified information.
SUBSECTION B.
Requests by Committee staff to attend classified hearings
or briefings held in secure areas of other committees will also
be governed by the security procedures of the relevant
committee. To the extent practicable, requests for access to
such meetings will be made no later than close of business the
day before the event.
SUBSECTION C.
If Committee staff organize a classified briefing, meeting,
or hearing for a space outside of the Committee's offices, he/
she shall notify the Security Director. The Security Director
shall be responsible for ensuring that clearances are passed
for such classified briefing or hearing.
SUBSECTION D.
No classified material provided at a hearing, briefing, or
meeting may be removed from the meeting room, except as
provided in Subsection E of this Section.
SUBSECTION E.
Any classified notes made by a Member or staff during a
classified hearing, briefing, or meeting must be provided to
the Security Director for secure storage or proper disposal. If
such classified hearing, briefing, or meeting occurs in a
secure setting outside the Committee's offices, notes and
materials may be transported in an appropriate secure manner to
the Committee offices for secure storage or proper disposal by
the Security Director. For each such hearing, briefing, and
meeting, the Security Director shall designate an appropriately
cleared staff member to handle the transportation of such
materials to the Security Director.
SECTION 9. COMMITTEE STAFF CLEARANCES--ELIGIBILITY AND
PROCESSING.
SUBSECTION A.
It is expected that all Committee staff shall apply for a
security clearance, the type of which shall be determined by
the Majority and Minority Staff Directors, respectively for
their offices. Exceptions may be determined necessary or
appropriate by the Majority and Minority Staff Directors.
SUBSECTION B.
The Security Director, upon being notified by the Majority
or Minority Staff Director that a Committee staff member is in
need of a clearance, shall promptly facilitate the application
and processing of that staff member's clearance. The Security
Director shall keep the staff member informed throughout the
clearance process. Staff whose primary responsibilities include
press or media communications shall not be given access to
Sensitive Compartmented Information.
SUBSECTION C.
On at least a monthly basis, the Security Director shall
notify the Majority and Minority Staff Directors of the status
of the security clearance reviews for their respective
Committee personnel.
SECTION 10. COMMUNICATIONS AND DATA PROCESSING EQUIPMENT.
Committee owned equipment including laptops, computers, and
telecommunications equipment, may not be taken on travel
outside the United States or its territories. The Majority and
Minority staffs of the Committee may keep a separate inventory
of laptops, computers and telecommunications equipment for such
purpose. Any exceptions to this policy must be approved by the
Majority Staff Director in coordination with the Security
Director. If any personally owned equipment is taken abroad,
upon return to the United States, it may never again be
connected to Committee owned equipment. Also it is strongly
recommended that staff do not take Committee owned equipment
into foreign embassies.
SECTION 11. VIOLATIONS OF THE POLICY.
The Chairman shall immediately consider disciplinary action
in the event any Committee Member or staff member fails to
conform to this policy. Such disciplinary action may include,
but shall not be limited to, immediate dismissal from the
Committee staff, notification of the Speaker of the House, or
criminal referral to the Department of Justice. With respect to
a Minority staff member, the Chairman shall consider such
disciplinary action in consultation with the Ranking Member.
Travel Policy & Guidelines for Committee Members & Committee Staff
115th Congress
Signed February 1, 2017
------
In accordance with House and Committee Rules, the Committee
on Homeland Security establishes the following travel policy.
The travel policy shall apply to Committee on Homeland Security
Members, as well as all Majority and Minority staff members,
interagency detailees, and fellows (collectively ``Committee
staff ''). The policy shall be effective from the time of its
adoption by the Chairman and Ranking Member through the end of
the 115th Congress.
SECTION 1. COMMITTEE MEMBER AND COMMITTEE STAFF REQUEST FOR THE
COMMITTEE PAID DOMESTIC TRAVEL AND ASSOCIATED COSTS
SUBSECTION A. GENERAL REQUIREMENTS.
(1) LConsistent 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 by any Committee Member and/or
Committee staff shall be paid only upon the prior
written authorization of the Chairman.
(2) LTravel may be authorized by the Chairman for any
Committee Member and/or Committee staff only in
connection with official Committee business, such as
the attendance of hearings conducted by the Committee
and meetings, conferences, site visits, and
investigations that involve activities and/or subject
matter under the general jurisdiction of the Committee.
(3) LAll travel shall be bi-partisan and led by a Majority
Member or Majority Committee staff. Priority shall be
given to Committee Members to participate in all
Committee-led travel, except where the Chairman
determines that participation by members of other
Committees should be prioritized, on a case-by-case
basis, in furtherance of the Committees oversight
activities. At the discretion of the Chair, these
requirements may be waived.
SUBSECTION B. REQUEST FOR AUTHORIZATION TO TRAVEL.
(1) LAll Majority Members and/or Committee staff seeking
approval for travel by the Chairman shall submit the
request in writing to the Majority Staff Director with
the following information:
(a) Lthe purpose of the travel and its nexus to official
Committee business;
(b) Lthe beginning/end of travel dates and date(s) of
the event for which the travel is being made;
(c) Lthe location of the event for which the travel is
to be made;
(d) Lthe names of Committee Members and/or Committee
staff seeking authorization;
(e) Lcosts associated with travel (e.g.: commercial
transportation, rental car, per diem rate http://
www.gsa.gov/portal/category/21287, conference or other
fees associated with travel);
(f) Litinerary or agenda attached with travel request;
and
(g) Lthe Chairman's determination that such travel
complies with the other requirements of Committee Rule
XIV(A)(1).
(2) LIn the case of proposed travel by Minority Members
and/or Minority Committee staff, the Ranking Member
shall provide to the Chairman a written representation
setting forth the following:
(a) Lthe purpose of the travel and its nexus to official
Committee business;
(b) Lthe beginning/end of travel dates and date(s) of
the event for which the travel is being made;
(c) Lthe location of the event for which the travel is
to be made;
(d) Lthe names of Minority Committee Members and/or
Minority Committee staff seeking authorization;
(e) Lcosts associated with travel (e.g.: commercial
transportation, rental car, per diem rate http://
www.gsa.gov/portal/category/21287, conference or other
fees associated with travel);
(f) Litinerary or agenda attached with travel request;
and
(g) Lthe Ranking Member's determination that such travel
complies with the other requirements of Committee Rule
XIV(A)(2).
SUBSECTION C. AUTHORIZATION TO TRAVEL.
Upon receiving written requests for Committee travel, the
Chairman shall determine if the travel purpose(s) is within the
jurisdiction of the Committee; how the travel will further the
official business of the Committee and its Members and/or
staff; whether the travel is occurring while the House is in/
out of session; that expenses are not excessive for the
proposed Committee travel; and unless an exception is made in
consultation with the Ranking Member, as appropriate, is bi-
partisan. The Chairman will only approve travel that has met
the above requirements. Requests made by the Minority must have
the approval of the Ranking Member. The Ranking Member will
also ensure that the above requirements are met.
SUBSECTION D. RECEIPTS AND REIMBURSEMENTS.
(1) LMembers and Committee staff shall submit all receipts
and requests for reimbursement within 30 days of the
conclusion of the travel to the Chief Financial
Officer. The attached Travel Reimbursement Form shall
be used to request reimbursements. This form is also
found on the Committee's ``S'' Drive and ``T'' Drive.
(2) LReimbursements will only be allowed for those
expenses that the House has deemed acceptable for
reimbursement. Unless authorized by the Chairman, in
consultation with the Ranking Member, as appropriate,
Members and Committee staff will not receive
reimbursement for actual expenses exceeding the
published General Services Administration (GSA) Federal
per diem rates for the relevant year.
(3) LAny Member or Committee staff not submitting their
receipts in a timely manner may be denied by the
Chairman, in consultation with the Ranking Member, as
appropriate, from receiving a reimbursement. In
egregious circumstances, the Chairman may refuse to
grant any future requests for travel from a Member or
Committee staff violating this policy.
SUBSECTION E. STAFF SUPPORT.
Staff support for Committee travel, in accordance with
House Rules, will be provided by Committee staff only. No
Committee funds will be authorized or used for travel by non-
Committee staff. However, a Member with a medical condition
requiring non-Committee staff support may work with the Chief
Administrative Office and the Committee on House Administration
to ensure that the Member receives adequate medical staff
assistance while on travel with the Committee.
SUBSECTION F. COMPLIANCE WITH HOUSE TRAVEL GUIDELINES AND REGULATIONS.
Travel must be in accordance with the Committee Travel
Policy and Guidelines, as well as with House Rules, the Travel
Guidelines and Regulations and any additional guidance set
forth by the Committee on Ethics and the Committee on House
Administration. Committee Members and staff shall follow these
rules, policies, guidelines, and regulations in requesting and
proceeding with any Committee-related travel.
SECTION 2. COMMITTEE-LED FOREIGN TRAVEL
SUBSECTION A. GENERAL.
Members interested in specific foreign travel to be taken
by the Committee as part of its official business should submit
a request in writing to the Chairman or, in the case of
Minority Members, the Ranking Member, and their respective
Staff Directors. All foreign travel must be bi-partisan and led
by a Majority Member. Priority shall be given to Committee
Members to participate in all Committee-led travel, except
where the Chairman determines that participation by members of
other Committees should be prioritized, on a case-by-case
basis, in furtherance of the Committees oversight activities.
SUBSECTION B. REQUEST FOR AUTHORIZATION.
(1) LAll Committee Member and/or Committee staff requests
for Committee-led foreign travel must be submitted in
writing to the Chairman, through the Majority Staff
Director of the Committee, and, to the greatest extent
practicable, to the Ranking Minority Member not less
than 20 business days, but, absent extenuating
circumstances, not less than 10 business days in any
case, prior to the proposed start of the travel. Such a
request must include:
(a) LAn itinerary of the proposed travel (including all
cities and countries by date);
(b) LA description of the purpose of the trip and its
relationship to the Committee's work;
(c) LIf commercial travel is contemplated, the estimated
cost of airline tickets, the carriers to be used, and
the class of service;
(d) LConfirmation that the trip is not occurring while
the House is in session and will not interfere with a
Member's representational duties;
(e) LThe name of the Majority Member leading the trip,
names of Members and Committee staff seeking
authorization; and
(f) LWhether authorization for the spouses or adult
children of Members to travel is requested for protocol
purposes.
(2) LIf the foreign travel under this section is requested
by a Minority Member, the request must be submitted to
and approved by the Ranking Member, prior to submission
of the request to the Chairman.
(3) LIf the Chairman has authorized the request of foreign
travel, the Department of State is responsible for all
costs associated with the authorized travel. Any
requests for the Committee to pay for foreign travel
will be denied.
(4) LThe Chairman will authorize actual expenses for
lodging. Requests for additional excess per diem will
be denied, unless the State Department advises the
Chairman it necessary for a particular country.
SUBSECTION C. AUTHORIZATION AND APPROVAL.
(1) LThe Chairman may only approve foreign travel requests
that satisfy the requirements in Subsection B above;
however, the requirements may be waived or abridged by
the Chairman. If, however, the Chairman determines that
the travel is excessive in cost in view of the
Committee business proposed to be conducted, interferes
with the Committee's schedule, or otherwise is not
conducive to Committee business, travel will be denied.
(2) LAll Committee-led travel must comply with the Fly
America Act, which requires that U.S. flag carriers be
used for official travel involving trans-oceanic
flights.
SUBSECTION D. APPROVAL OF SPOUSES, ADULT CHILDREN, AND NON-RELATIVES TO
TRAVEL WITH COMMITTEE MEMBERS.
The Chairman may only authorize foreign travel for Members
and staff of the Committee and, when necessary for protocol
purposes, spouses of Members. If a Member of the Committee does
not have a spouse, an adult child of the Member may be
authorized to travel for protocol purposes only. Authorization
for an adult who is not the spouse or adult child of a
Committee Member to travel with a Member for protocol purposes
may only be approved by the Speaker. Any non-Member traveling
for protocol purposes will be responsible for all expenses
incurred (including airfare).
SUBSECTION E. STAFF SUPPORT AND COVERAGE OF EXPENSES.
Staff support for Committee travel, in accordance with
House Rules, will be provided by Committee staff only. No
Committee funds will be authorized or used for any expenses
related to foreign travel. However, a Member with a medical
condition requiring non-Committee staff support may work with
the Chief Administrative Office and the Committee on House
Administration to ensure that the Member receives adequate
medical staff assistance.
SUBSECTION F. COMPLIANCE WITH HOUSE TRAVEL GUIDELINES AND REGULATIONS.
All Members are reminded that travel must be in accordance
with House Rules, the Travel Guidelines and Regulations, as
well as any additional guidance, as set forth by the Committee
on Ethics and the Committee on House Administration. In
addition, Members seeking authorization for foreign travel are
expected to have reviewed the Official Travel Guide for the
U.S. Congress published by the U.S. Department of State. It is
expected that Members are familiar with these rules,
guidelines, and regulations and will follow them in requesting
and proceeding with any Committee-related travel.
SUBSECTION G. USE OF DEPARTMENT OF DEFENSE AIRCRAFT.
The availability of Department of Defense aircraft to
support Congressional foreign travel is extremely limited. The
Chairman shall have the authority to determine which Committee
travel requests by Members merit military air support requests.
The Chairman will also submit a request to the Speaker's Office
to obtain approval on the use of Military Support.
SUBSECTION H. AFTER-ACTION REPORT.
(1) LWithin thirty days of the conclusion of any such
foreign travel authorized under this rule, there shall
be submitted to the Chairman a written report
summarizing the information gained as a result of the
travel in question, or other Committee objectives
served by such travel.
(2) LIn accordance with House Rule X.8.(b)(3), each Member
shall submit within 10 business days following the
foreign travel to the Chairman an itemized report
showing for each country: 1) the dates visited; 2) the
amount of per diem received; 3) the cost of
transportation furnished; 4) funds expended for any
other official purpose; and 5) a summary for each of
these categories the total U.S. or foreign currencies
or appropriated funds expended.
Each report shall be filed with the Chairman not later than
10 days following the completion of travel for use in complying
with reporting requirements in applicable Federal law and shall
be open for public inspection. The Chairman may refuse to grant
any future requests for travel from a Member or Committee staff
violating this policy.
SUBSECTION I. RECEIPTS AND REIMBURSEMENTS.
The use of Committee funds shall not be approved for any
foreign travel expenses. The Chairman, in consultation with the
Ranking Member if the travel involves a Minority Member, may,
however, approve for the Committee to pay for miscellaneous
expenses related to domestic travel (e.g. parking, cab to
airport).
SECTION 3. COMMITTEE MEMBER'S REQUEST FOR THE COMMITTEE TO
AUTHORIZE FOREIGN TRAVEL ORGANIZED BY ANOTHER COMMITTEE OR
EXECUTIVE AGENCY
SUBSECTION A. REQUEST FOR AUTHORIZATION.
A Committee Member may request authorization for foreign
travel organized by another Committee or Executive Agency. A
written request to the Chairman must be submitted at least 10
business days in advance stating:
(1) Lthe name of the leading Majority Member for the
travel;
(2) Lthe Committee or Executive Agency organizing the
proposed trip;
(3) La description of the purpose of the trip and its
relationship to the Committee's work; and
(4) Lin the case of a Minority Member, verification that
the Ranking Member has been consulted regarding the
trip and given his approval to submit the request.
SUBSECTION B. APPROVAL OF AUTHORIZATION.
After the Chairman authorizes the Member to travel, the
Chief Financial Officer of the Committee will submit the
appropriate correspondence to the State Department and the
Department of Defense (if DOD aircraft will be utilized).
These letters will then be forwarded to the requesting
Member.
SUBSECTION C. USE OF COMMITTEE FUNDS FOR FOREIGN TRAVEL ORGANIZED BY
ANOTHER COMMITTEE OR EXECUTIVE AGENCY.
The use of Committee funds shall not be approved for
foreign travel organized by another Committee or Executive
Agency. The Chairman, in consultation with the Ranking Member
if the travel involves a Minority Member, may, however, approve
for the Committee to pay for miscellaneous expenses related to
domestic travel (e.g. parking, cab to airport).
SUBSECTION D. AFTER-ACTION REPORT.
In accordance with House Rule X.8.(b)(3), each Member shall
submit to the Chairman an itemized report showing for each
country: 1) the dates visited; 2) the amount of per diem
received; 3) the cost of transportation furnished; 4) funds
expended for any other official purpose; and 5) a summary for
each of these categories the total U.S. or foreign currencies
or appropriated funds expended. Each report shall be filed with
the Chairman not later than 10 days following the completion of
travel for use in complying with reporting requirements in
applicable Federal law, including the Foreign Travel Quarterly
Report, and shall be open for public inspection. The Chairman
may refuse to grant any future requests for travel from a
Member or staff member violating this policy.
Applicable Provisions of House Rules
RULES of the HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTEENTH CONGRESS
(January 5, 2017)
RULE VII
RECORDS OF THE HOUSE
Archiving
1. (a) At the end of each Congress, the chair of each
committee shall transfer to the Clerk any noncurrent records of
such committee, including the subcommittees thereof.
L(b) At the end of each Congress, each officer of the House
elected under rule II shall transfer to the Clerk any
noncurrent records made or acquired in the course of the duties
of such officer.
2. The Clerk shall deliver the records transferred under
clause 1, together with any other noncurrent records of the
House, to the Archivist of the United States for preservation
at the National Archives and Records Administration. Records so
delivered are the permanent property of the House and remain
subject to this rule and any order of the House.
Public availability
3. (a) The Clerk shall authorize the Archivist to make
records delivered under clause 2 available for public use,
subject to clause 4(b) and any order of the House.
L(b)(1) A record shall immediately be made available if it
was previously made available for public use by the House or a
committee or a subcommittee.
L (2) An investigative record that contains personal data
relating to a specific living person (the disclosure of which
would be an unwarranted invasion of personal privacy), an
administrative record relating to personnel, or a record
relating to a hearing that was closed under clause 2(g)(2) of
rule XI shall be made available if it has been in existence for
50 years.
L (3) A record for which a time, schedule, or condition
for availability is specified by order of the House shall be
made available in accordance with that order. Except as
otherwise provided by order of the House, a record of a
committee for which a time, schedule, or condition for
availability is specified by order of the committee (entered
during the Congress in which the record is made or acquired by
the committee) shall be made available in accordance with the
order of the committee.
L(4) A record (other than a record referred to in
subparagraph (1), (2), or (3) shall be made available if it has
been in existence for 30 years.
4. (a) A record may not be made available for public use
under clause 3 if the Clerk determines that such availability
would be detrimental to the public interest or inconsistent
with the rights and privileges of the House. The Clerk shall
notify in writing the chair and ranking minority member of the
Committee on House Administration of any such determination.
L(b) A determination of the Clerk under paragraph (a) is
subject to later orders of the House and, in the case of a
record of a committee, later orders of the committee.
5. (a) This rule does not supersede rule VIII or clause 11 of
rule X and does not authorize the public disclosure of any
record if such disclosure is prohibited by law or executive
order of the President.
L(b) The Committee on House Administration may prescribe
guidelines and regulations governing the applicability and
implementation of this rule.
L(c) A committee may withdraw from the National Archives
and Records Administration any record of the committee
delivered to the Archivist under this rule. Such a withdrawal
shall be on a temporary basis and for official use of the
committee.
Definition of record
6. (a)(a) In this rule the term ``record'' means any
official, permanent record of the House (other than a record of
an individual Member, Delegate, or Resident Commissioner as
described in paragraph (b)), including-
L (1) with respect to a committee, an official, permanent
record of the committee (including any record of a legislative,
oversight, or other activity of such committee or a
subcommittee thereof); and
L (2) with respect to an officer of the House elected
under rule II, an official, permanent record made or acquired
in the course of the duties of such officer.
L(b) Records created, generated, or received by the
congressional office of a Member, Delegate, or the Resident
Commissioner in the performance of official duties are
exclusively the personal property of the individual Member,
Delegate, or the Resident Commissioner and such Member,
Delegate, or Resident Commissioner has control over such
records.
Withdrawal of papers
7. A memorial or other paper presented to the House may not
be withdrawn from its files without its leave. If withdrawn
certified copies thereof shall be left in the office of the
Clerk. When an act passes for the settlement of a claim, the
Clerk may transmit to the officer charged with the settlement
thereof the papers on file in his office relating to such
claim. The Clerk may lend temporarily to an officer or bureau
of the executive departments any papers on file in his office
relating to any matter pending before such officer or bureau,
taking proper receipt therefor.
* * * * * * *
RULE X
ORGANIZATION OF COMMITTEES
Committees and their legislative jurisdictions
1. There shall be in the House the following standing
committees, each of which shall have the jurisdiction and
related functions assigned by this clause and clauses 2, 3, and
4. All bills, resolutions, and other matters relating to
subjects within the jurisdiction of the standing committees
listed in this clause shall be referred to those committees, in
accordance with clause 2 of rule XII, as follows:
* * * * * * *
(j) Committee on Homeland Security.
L(1) Overall homeland security policy.
L(2) Organization, administration, and general management
of the Department of Homeland Security.
L(3) Functions of the Department of Homeland Security
relating to the following:
L (A) Border and port security (except immigration policy
and non--border enforcement).
L (B) Customs (except customs revenue).
L (C) Integration, analysis, and dissemination of homeland
security information.
L (D) Domestic preparedness for and collective response to
terrorism.
L (E) Research and development.
L (F) Transportation security.
* * * * * * *
General oversight responsibilities
2. (a) The various standing committees shall have general
oversight responsibilities as provided in paragraph (b) in
order to assist the House in--
L(1) its analysis, appraisal, and evaluation of--
L (A) the application, administration, execution, and
effectiveness of Federal laws; and
L (B) conditions and circumstances that may indicate the
necessity or desirability of enacting new or additional
legislation; and
L(2) its formulation, consideration, and enactment of
changes in Federal laws, and of such additional legislation as
may be necessary or appropriate.
(b)(1) In order to determine whether laws and programs
addressing subjects within the jurisdiction of a committee are
being implemented and carried out in accordance with the intent
of Congress and whether they should be continued, curtailed, or
eliminated, each standing committee (other than the Committee
on Appropriations) shall review and study on a continuing
basis--
L (A) the application, administration, execution, and
effectiveness of laws and programs addressing subjects within
its jurisdiction;
L (B) the organization and operation of Federal agencies
and entities having responsibilities for the administration and
execution of laws and programs addressing subjects within its
jurisdiction;
L (C) any conditions or circumstances that may indicate
the necessity or desirability of enacting new or additional
legislation addressing subjects within its jurisdiction
(whether or not a bill or resolution has been introduced with
respect thereto); and
L (D) future research and forecasting on subjects within
its jurisdiction.
L(2) Each committee to which subparagraph (1) applies
having more than 20 members shall establish an oversight
subcommittee, or require its subcommittees to conduct oversight
in their respective jurisdictions, to assist in carrying out
its responsibilities under this clause. The establishment of an
oversight subcommittee does not limit the responsibility of a
subcommittee with legislative jurisdiction in carrying out its
oversight responsibilities.
(c) Each standing committee shall review and study on a
continuing basis the impact or probable impact of tax policies
affecting subjects within its jurisdiction as described in
clauses 1 and 3.
(d)(1) Not later than February 15 of the first session of a
Congress, each standing committee (other than the Committee on
Appropriations, the Committee on Ethics, and the Committee on
Rules) shall, in a meeting that is open to the public, adopt
its authorization and oversight plan for that Congress. Such
plan shall be submitted simultaneously to the Committee on
Oversight and Government Reform, the Committee on House
Administration, and the Committee on Appropriations.
L(2) Each such plan shall include, with respect to programs
and agencies within the committee's jurisdiction, and to the
maximum extent practicable--
L (A) a list of such programs or agencies with lapsed
authorizations that received funding in the prior fiscal year
or, in the case of a program or agency with a permanent
authorization, which has not been subject to a comprehensive
review by the committee in the prior three Congresses;
L (B) a description of each such program or agency to be
authorized in the current Congress;
L (C) a description of each such program or agency to be
authorized in the next Congress, if applicable;
L (D) a description of any oversight to support the
authorization of each such program or agency in the current
Congress; and
L (E) recommendations for changes to existing law for
moving such programs or agencies from mandatory funding to
discretionary appropriations, where appropriate.
L(3) Each such plan may include, with respect to the
programs and agencies within the committee's jurisdiction--
L (A) recommendations for the consolidation or termination
of such programs or agencies that are duplicative, unnecessary,
or inconsistent with the appropriate roles and responsibilities
of the Federal Government;
L (B) recommendations for changes to existing law related
to Federal rules, regulations, statutes, and court decisions
affecting such programs and agencies that are inconsistent with
the authorities of the Congress under Article I of the
Constitution; and
L (C) a description of such other oversight activities as
the committee may consider necessary.
L (4) In the development of such plan, the chair of each
committee shall coordinate with other committees of
jurisdiction to ensure that programs and agencies are subject
to routine, comprehensive authorization efforts.
L (5) Not later than March 31 in the first session of a
Congress, after consultation with the Speaker, the Majority
Leader, and the Minority Leader, the Committee on Oversight and
Government Reform shall report to the House the authorization
and oversight plans submitted by committees together with any
recommendations that it, or the House leadership group
described above, may make to ensure the most effective
coordination of authorization and oversight plans and otherwise
to achieve the objectives of this clause.
(e) The Speaker, with the approval of the House, may appoint
special ad hoc oversight committees for the purpose of
reviewing specific matters within the jurisdiction of two or
more standing committees.
Special oversight functions
* * * * * * *
3. (g)(1) The Committee on Homeland Security shall review and
study on a continuing basis all Government activities relating
to homeland security, including the interaction of all
departments and agencies with the Department of Homeland
Security.
L (2) In addition, the committee shall review and study on
a primary and continuing basis all Government activities,
programs and organizations related to homeland security that
fall within its primary legislative jurisdiction.
* * * * * * *
Additional functions of committees
* * * * * * *
4. (e)(1) Each standing committee shall, in its consideration
of all public bills and public joint resolutions within its
jurisdiction, ensure that appropriations for continuing
programs and activities of the Federal Government and the
government of the District of Columbia will be made annually to
the maximum extent feasible and consistent with the nature,
requirement, and objective of the programs and activities
involved. In this subparagraph programs and activities of the
Federal Government and the government of the District of
Columbia includes programs and activities of any department,
agency, establishment, wholly owned Government corporation, or
instrumentality of the Federal Government or of the government
of the District of Columbia.
L(2) Each standing committee shall review from time to time
each continuing program within its jurisdiction for which
appropriations are not made annually to ascertain whether the
program should be modified to provide for annual
appropriations.
Budget Act responsibilities
(f)(1) Each standing committee shall submit to the Committee
on the Budget not later than six weeks after the President
submits his budget, or at such time as the Committee on the
Budget may request--
L (A) its views and estimates with respect to all matters
to be set forth in the concurrent resolution on the budget for
the ensuing fiscal year that are within its jurisdiction or
functions; and
L (B) an estimate of the total amounts of new budget
authority, and budget outlays resulting therefrom, to be
provided or authorized in all bills and resolutions within its
jurisdiction that it intends to be effective during that fiscal
year.
* * * * * * *
Election and membership of standing committees
5. (a)(1) The standing committees specified in clause 1 shall
be elected by the House within seven calendar days after the
commencement of each Congress, from nominations submitted by
the respective party caucus or conference. A resolution
proposing to change the composition of a standing committee
shall be privileged if offered by direction of the party caucus
or conference concerned.
* * * * * * *
(4)(A) At the beginning of a Congress, the Speaker or his
designee and the Minority Leader or his designee each shall
name 10 Members, Delegates, or the Resident Commissioner from
his respective party who are not members of the Committee on
Ethics to be available to serve on investigative subcommittees
of that committee during that Congress. The lists of Members,
Delegates, or the Resident Commissioner so named shall be
announced to the House.
* * * * * * *
(b)(1) Membership on a standing committee during the course
of a Congress shall be contingent on continuing membership in
the party caucus or conference that nominated the Member,
Delegate, or Resident Commissioner concerned for election to
such committee. Should a Member, Delegate, or Resident
Commissioner cease to be a member of a particular party caucus
or conference, that Member, Delegate, or Resident Commissioner
shall automatically cease to be a member of each standing
committee to which he was elected on the basis of nomination by
that caucus or conference. The chair of the relevant party
caucus or conference shall notify the Speaker whenever a
Member, Delegate, or Resident Commissioner ceases to be a
member of that caucus or conference. The Speaker shall notify
the chair of each affected committee that the election of such
Member, Delegate, or Resident Commissioner to the committee is
automatically vacated under this subparagraph.
L(2)(A) Except as specified in subdivision (B), a Member,
Delegate, or Resident Commissioner may not serve simultaneously
as a member of more than two standing committees or more than
four subcommittees of the standing committees.
L (B) (i) Ex officio service by a chair or ranking
minority member of a committee on each of its subcommittees
under a committee rule does not count against the limitation on
subcommittee service.
* * * * * * *
L (iii) Any other exception to the limitations in
subdivision (A) may be approved by the House on the
recommendation of the relevant party caucus or conference.
L(C) In this subparagraph the term ``subcommittee''
includes a panel (other than a special oversight panel of the
Committee on Armed Services), task force, special subcommittee,
or other subunit of a standing committee that is established
for a cumulative period longer than six months in a Congress.
L (c)(1) One of the members of each standing committee
shall be elected by the House, on the nomination of the
majority party caucus or conference, as chair thereof. In the
temporary absence of the chair, the member next in rank (and so
on, as often as the case shall happen) shall act as chair. Rank
shall be determined by the order members are named in
resolutions electing them to the committee. In the case of a
permanent vacancy in the elected chairmanship of a committee,
the House shall elect another chair.
* * * * * * *
(d)(1) Except as permitted by subparagraph (2), a committee
may have not more than five subcommittees.
L(2)(A) A committee that maintains a subcommittee on
oversight may have not more than six subcommittees.
L (B) The Committee on Appropriations may have not more
than 13 subcommittees.
L (C) The Committee on Armed Services may have not more
than seven subcommittees.
L (D) The Committee on Foreign Affairs may have not more
than seven subcommittees.
L (E) The Committee on Oversight and Government Reform may
have not more than seven subcommittees.
L (F) The Committee on Transportation and Infrastructure
may have not more than six subcommittees
(e) The House shall fill a vacancy on a standing committee by
election on the nomination of the respective party caucus or
conference.
Expense resolutions
6. (a) Whenever a committee, commission, or other entity
(other than the Committee on Appropriations) is granted
authorization for the payment of its expenses (including staff
salaries) for a Congress, such authorization initially shall be
procured by one primary expense resolution reported by the
Committee on House Administration. A primary expense resolution
may include a reserve fund for unanticipated expenses of
committees. An amount from such a reserve fund may be allocated
to a committee only by the approval of the Committee on House
Administration. A primary expense resolution reported to the
House may not be considered in the House unless a printed
report thereon was available on the previous calendar day. For
the information of the House, such report shall--
L(1) state the total amount of the funds to be provided to
the committee, commission, or other entity under the primary
expense resolution for all anticipated activities and programs
of the committee, commission, or other entity; and
L(2) to the extent practicable, contain such general
statements regarding the estimated foreseeable expenditures for
the respective anticipated activities and programs of the
committee, commission, or other entity as may be appropriate to
provide the House with basic estimates of the expenditures
contemplated by the primary expense resolution.
(b) After the date of adoption by the House of a primary
expense resolution for a committee, commission, or other entity
for a Congress, authorization for the payment of additional
expenses (including staff salaries) in that Congress may be
procured by one or more supplemental expense resolutions
reported by the Committee on House Administration, as
necessary. A supplemental expense resolution reported to the
House may not be considered in the House unless a printed
report thereon was available on the previous calendar day. For
the information of the House, such report shall--
L(1) state the total amount of additional funds to be
provided to the committee, commission, or other entity under
the supplemental expense resolution and the purposes for which
those additional funds are available; and
L(2) state the reasons for the failure to procure the
additional funds for the committee, commission, or other entity
by means of the primary expense resolution.
L (c) The preceding provisions of this clause do not apply
to--
L(1) a resolution providing for the payment from committee
salary and expense accounts of the House of sums necessary to
pay compensation for staff services performed for, or to pay
other expenses of, a committee, commission, or other entity at
any time after the beginning of an odd numbered year and before
the date of adoption by the House of the primary expense
resolution described in paragraph (a) for that year; or
L(2) a resolution providing each of the standing committees
in a Congress additional office equipment, airmail and special-
delivery postage stamps, supplies, staff personnel, or any
other specific item for the operation of the standing
committees, and containing an authorization for the payment
from committee salary and expense accounts of the House of the
expenses of any of the foregoing items provided by that
resolution, subject to and until enactment of the provisions of
the resolution as permanent law.
L (d) From the funds made available for the appointment of
committee staff by a primary or additional expense resolution,
the chair of each committee shall ensure that sufficient staff
is made available to each subcommittee to carry out its
responsibilities under the rules of the committee and that the
minority party is treated fairly in the appointment of such
staff.
L (e) Funds authorized for a committee under this clause
and clauses 7 and 8 are for expenses incurred in the activities
of the committee.
Interim funding
7. (a) For the period beginning at noon on January 3 and ending
at midnight on March 31 in each odd-numbered year, such sums as
may be necessary shall be paid out of the committee salary and
expense accounts of the House for continuance of necessary
investigations and studies by--
L(1) each standing and select committee established by
these rules; and
L(2) except as specified in paragraph (b), each select
committee established by resolution.
(b) In the case of the first session of a Congress, amounts
shall be made available for a select committee established by
resolution in the preceding Congress only if--
L(1) a resolution proposing to reestablish such select
committee is introduced in the present Congress; and
L(2) the House has not adopted a resolution of the
preceding Congress providing for termination of funding for
investigations and studies by such select committee.
(c) Each committee described in paragraph (a) shall be
entitled for each month during the period specified in
paragraph (a) to 9 percent (or such lesser percentage as may be
determined by the Committee on House Administration) of the
total annualized amount made available under expense
resolutions for such committee in the preceding session of
Congress.
(d) Payments under this clause shall be made on vouchers
authorized by the committee involved, signed by the chair of
the committee, except as provided in paragraph (e), and
approved by the Committee on House Administration.
(e) Notwithstanding any provision of law, rule of the House,
or other authority, from noon on January 3 of the first session
of a Congress until the election by the House of the committee
concerned in that Congress, payments under this clause shall be
made on vouchers signed by the ranking member of the committee
as it was constituted at the expiration of the preceding
Congress who is a member of the majority party in the present
Congress.
L(f)(1) The authority of a committee to incur expenses
under this clause shall expire upon adoption by the House of a
primary expense resolution for the committee.
L(2) Amounts made available under this clause shall be
expended in accordance with regulations prescribed by the
Committee on House Administration.
L(3) This clause shall be effective only insofar as it is
not inconsistent with a resolution reported by the Committee on
House Administration and adopted by the House after the
adoption of these rules.
Travel
8.(a) Local currencies owned by the United States shall be
made available to the committee and its employees engaged in
carrying out their official duties outside the United States or
its territories or possessions. Appropriated funds, including
those authorized under this clause and clauses 6 may not be
expended for the purpose of defraying expenses of members of a
committee or its employees in a country where local currencies
are available for this purpose.
(b) The following conditions shall apply with respect to
travel outside the United States or its territories or
possessions:
L(1) A member or employee of a committee may not receive or
expend local currencies for subsistence in a country for a day
at a rate in excess of the maximum per diem set forth in
applicable Federal law.
L(2) A member or employee shall be reimbursed for the
expenses of such individual for a day at the lesser of--
L (A) the per diem set forth in applicable Federal law; or
L (B) the actual, unreimbursed expenses (other than for
transportation) incurred during that day.
L(3) Each member or employee of a committee shall make to
the chair of the committee an itemized report showing the dates
each country was visited, the amount of per diem furnished, the
cost of transportation furnished, and funds expended for any
other official purpose and shall summarize in these categories
the total foreign currencies or appropriated funds expended.
Each report shall be filed with the chair of the committee not
later than 60 days following the completion of travel for use
in complying with reporting requirements in applicable Federal
law and shall be open for public inspection.
(c)(1) In carrying out the activities of a committee outside
the United States in a country where local currencies are
unavailable, a member or employee of a committee may not
receive reimbursement for expenses (other than for
transportation) in excess of the maximum per diem set forth in
applicable Federal law.
L(2) A member or employee shall be reimbursed for his
expenses for a day, at the lesser of--
L (A) the per diem set forth in applicable Federal law; or
L (B) the actual unreimbursed expenses (other than for
transportation) he incurred during that day.
L(3) A member or employee of a committee may not receive
reimbursement for the cost of any transportation in connection
with travel outside the United States unless the member or
employee actually paid for the transportation.
(d) The restrictions respecting travel outside the United
States set forth in paragraph (c) also shall apply to travel
outside the United States by a Member, Delegate, Resident
Commissioner, officer, or employee of the House authorized
under any standing rule.
Committee staffs
9. (a)(1) Subject to subparagraph (2) and paragraph (f), each
standing committee may appoint, by majority vote, not more than
30 professional staff members to be compensated from the funds
provided for the appointment of committee staff by primary and
additional expense resolutions. Each professional staff member
appointed under this subparagraph shall be assigned to the
chair and the ranking minority member of the committee, as the
committee considers advisable.
L(2) Subject to paragraph (f) whenever a majority of the
minority party members of a standing committee (other than the
Committee on Ethics or the Permanent Select Committee on
Intelligence) so request, not more than 10 persons (or one-
third of the total professional committee staff appointed under
this clause, whichever is fewer) may be selected, by majority
vote of the minority party members, for appointment by the
committee as professional staff members under subparagraph (1).
The committee shall appoint persons so selected whose character
and qualifications are acceptable to a majority of the
committee. If the committee determines that the character and
qualifications of a person so selected are unacceptable, a
majority of the minority party members may select another
person for appointment by the committee to the professional
staff until such appointment is made. Each professional staff
member appointed under this subparagraph shall be assigned to
such committee business as the minority party members of the
committee consider advisable.
(b)(1) The professional staff members of each standing
committee--
L (A) may not engage in any work other than committee
business during congressional working hours; and
L (B) may not be assigned a duty other than one pertaining
to committee business.
L(2)(A) Subparagraph (1) does not apply to staff designated
by a committee as ``associate'' or ``shared'' staff who are not
paid exclusively by the committee, provided that the chair
certifies that the compensation paid by the committee for any
such staff is commensurate with the work performed for the
committee in accordance with clause 8 of rule XXIII.
L (B) The use of any ``associate'' or ``shared'' staff by
a committee other than the Committee on Appropriations shall be
subject to the review of, and to any terms, conditions, or
limitations established by, the Committee on House
Administration in connection with the reporting of any primary
or additional expense resolution.
(c) Each employee on the professional or investigative staff
of a standing committee shall be entitled to pay at a single
gross per annum rate, to be fixed by the chair and that does
not exceed the maximum rate of pay as in effect from time to
time under applicable provisions of law.
(d) Subject to appropriations hereby authorized, the
Committee on Appropriations may appoint by majority vote such
staff as it determines to be necessary (in addition to the
clerk of the committee and assistants for the minority). The
staff appointed under this paragraph, other than minority
assistants, shall possess such qualifications as the committee
may prescribe.
(e) A committee may not appoint to its staff an expert or
other personnel detailed or assigned from a department or
agency of the Government except with the written permission of
the Committee on House Administration.
(f) If a request for the appointment of a minority
professional staff member under paragraph (a) is made when no
vacancy exists for such an appointment, the committee
nevertheless may appoint under paragraph (a) a person selected
by the minority and acceptable to the committee. A person so
appointed shall serve as an additional member of the
professional staff of the committee until such a vacancy occurs
(other than a vacancy in the position of head of the
professional staff, by whatever title designated), at which
time that person is considered as appointed to that vacancy.
Such a person shall be paid from the applicable accounts of the
House described in clause 1(j)(1) of rule X. If such a vacancy
occurs on the professional staff when seven or more persons
have been so appointed who are eligible to fill that vacancy, a
majority of the minority party members shall designate which of
those persons shall fill the vacancy.
(g) Each staff member appointed pursuant to a request by
minority party members under paragraph (a), and each staff
member appointed to assist minority members of a committee
pursuant to an expense resolution described in clause 6(a),
shall be accorded equitable treatment with respect to the
fixing of the rate of pay, the assignment of work facilities,
and the accessibility of committee records.
(h) Paragraph (a) may not be construed to authorize the
appointment of additional professional staff members of a
committee pursuant to a request under paragraph (a) by the
minority party members of that committee if 10 or more
professional staff members provided for in paragraph (a)(1) who
are satisfactory to a majority of the minority party members
are otherwise assigned to assist the minority party members.
(i) Notwithstanding paragraph (a)(2), a committee may employ
nonpartisan staff, in lieu of or in addition to committee staff
designated exclusively for the majority or minority party, by
an affirmative vote of a majority of the members of the
majority party and of a majority of the members of the minority
party.
* * * * * * *
RULE XI
PROCEDURES OF COMMITTEES AND UNFINISHED BUSINESS
In general
1. (a)(1)(A) The Rules of the House are the rules of its
committees and subcommittees so far as applicable.
L (B) Each subcommittee is a part of its committee and is
subject to the authority and direction of that committee and to
its rules, so far as applicable.
L(2)(A) In a committee or subcommittee-
L (i) a motion to recess from day to day, or to recess
subject to the call of the Chair (within 24 hours), shall be
privileged; and
L (ii) a motion to dispense with the first reading (in
full) of a bill or resolution shall be privileged if printed
copies are available.
L (B) A motion accorded privilege under this subparagraph
shall be decided without debate.
(b)(1) Each committee may conduct at any time such
investigations and studies as it considers necessary or
appropriate in the exercise of its responsibilities under rule
X. Subject to the adoption of expense resolutions as required
by clause 6 of rule X, each committee may incur expenses,
including travel expenses, in connection with such
investigations and studies.
L(2) A proposed investigative or oversight report shall be
considered as read in committee if it has been available to the
members for at least 24 hours (excluding Saturdays, Sundays, or
legal holidays except when the House is in session on such a
day).
L(3) A report of an investigation or study conducted
jointly by more than one committee may be filed jointly,
provided that each of the committees complies independently
with all requirements for approval and filing of the report.
L(4) After an adjournment sine die of the last regular
session of a Congress, an investigative or oversight report may
be filed with the Clerk at any time, provided that a member who
gives timely notice of intention to file supplemental,
minority, or additional views shall be entitled to not less
than seven calendar days in which to submit such views for
inclusion in the report.
(c) Each committee may have printed and bound such testimony
and other data as may be presented at hearings held by the
committee or its subcommittees. All costs of stenographic
services and transcripts in connection with a meeting or
hearing of a committee shall be paid from the applicable
accounts of the House described in clause 1(k)(1) of rule X.
(d)(1) Not later than January 2 of each year a committee
shall submit to the House a report on the activities of that
committee.
L(2) Such report shall include--
L (A) separate sections summarizing the legislative and
oversight activities of that committee under this rule and rule
X during the applicable period;
L (B) in the case of the first such report in each
Congress, a summary of the oversight plans submitted by the
committee under clause 2(d) of rule X;
L (C) a summary of the actions taken and recommendations
made with respect to the oversight plans specified in
subdivision (B);
L (D) a summary of any additional oversight activities
undertaken by that committee and any recommendations made or
actions taken thereon; and
L (E) a delineation of any hearings held pursuant to
clauses 2(n), (o), or (p) of this rule.
L(3) After an adjournment sine die of a regular session of
a Congress, or after December 15, whichever occurs first, the
chair of a committee may file the report described in
subparagraph (1) with the Clerk at any time and without
approval of the committee, provided that--
L (A) a copy of the report has been available to each
member of the committee for at least seven calendar days; and
L (B) the report includes any supplemental, minority, or
additional views submitted by a member of the committee.
Adoption of written rules
2. (a)(1) Each standing committee shall adopt written rules
governing its procedure. Such rules--
L (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;
L (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
L (C) shall in any event incorporate all of the succeeding
provisions of this clause to the extent applicable.
L(2) Each committee shall makes its rules publically
available in electronic form and submit such rules for
publication in the Congressional Record not later than 30 days
after the chair of the committee is elected in each odd-
numbered year.
L(3) A committee may adopt a rule providing that the chair
be directed to offer a motion under clause 1 of rule XXII
whenever the chair considers it appropriate.
Regular meeting days
(b) Each standing committee shall establish regular meeting
days for the conduct of its business, which shall be not less
frequent than monthly. Each such committee shall meet for the
consideration of a bill or resolution pending before the
committee or the transaction of other committee business on all
regular meeting days fixed by the committee if notice is given
pursuant to paragraph (g)(3).
Additional and special meetings
(c)(1) The chair 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 chair.
L(2) Three or more members of a standing committee may file
in the offices of the committee a written request that the
chair call a special meeting of the committee. Such request
shall specify the measure or matter to be considered.
Immediately upon the filing of the request, the clerk of the
committee shall notify the chair of the filing of the request.
If the chair does not call the requested special meeting within
three calendar days after the filing of the request (to be held
within seven calendar days after the filing of the request) a
majority of the members of the committee may file in the
offices of the committee their written notice that a special
meeting of the committee will be held. The written notice shall
specify the date and hour of the special meeting and the
measure or matter to be considered. The committee shall meet on
that date and hour. Immediately upon the filing of the notice,
the clerk of the committee shall notify all members of the
committee that such special meeting will be held and inform
them of its date and hour and the measure or matter to be
considered. Such notice shall also be made publicly available
in electronic form and shall be deemed to satisfy paragraph
(g)(3)(A)(ii). Only the measure or matter specified in that
notice may be considered at that special meeting.
Temporary absence of chair
(d) A member of the majority party on each standing committee
or subcommittee thereof shall be designated by the chair of the
full committee as the vice chair of the committee or
subcommittee, as the case may be, and shall preside during the
absence of the chair from any meeting. If the chair and vice
chair of a committee or subcommittee are not present at any
meeting of the committee or subcommittee, the ranking majority
member who is present shall preside at that meeting.
Committee records
(e)(1)(A) Each committee shall keep a complete record of all
committee action which shall include--
L (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
L (ii) a record of the votes on any question on which a
record vote is taken.
L (B)(i) Except as provided in subdivision (B)(ii) and
subject to paragraph (k)(7), the result of each such record
vote shall be made available by the committee for inspection by
the public at reasonable times in its offices and also made
publicly available in electronic form within 48 hours of such
record vote. Information so available shall include a
description of the amendment, motion, order, or other
proposition, the name of each member voting for and each member
voting against such amendment, motion, order, or proposition,
and the names of those members of the committee present but not
voting.
L (ii) The result of any record vote taken in executive
session in the Committee on Ethics may not be made available
for inspection by the public without an affirmative vote of a
majority of the members of the committee.
L(2)(A) Except as provided in subdivision (B), all
committee records (including hearings, data, charts, and files)
shall be kept separate and distinct from the congressional
office records of the member serving as its chair. Such records
shall be the property of the House, and each Member, Delegate,
and the Resident Commissioner shall have access thereto.
L (B) A Member, Delegate, or Resident Commissioner, other
than members of the Committee on Ethics, may not have access to
the records of that committee respecting the conduct of a
Member, Delegate, Resident Commissioner, officer, or employee
of the House without the specific prior permission of that
committee.
L(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.
L(4) Each committee shall make its publications available
in electronic form to the maximum extent feasible.
L(5) To the maximum extent practicable, each committee
shall--
L (A) provide audio and video coverage of each hearing or
meeting for the transaction of business in a manner that allows
the public to easily listen to and view the proceedings; and
L (B) maintain the recordings of such coverage in a manner
that is easily accessible to the public.
Prohibition against proxy voting
(f) A vote by a member of a committee or subcommittee with
respect to any measure or matter may not be cast by proxy.
Open meetings and hearings
(g)(1) Each meeting for the transaction of business,
including the markup of legislation, by a standing committee or
subcommittee thereof (other than the Committee on Ethics or its
subcommittees) shall be open to the public, including to radio,
television, and still photography coverage, except when the
committee or subcommittee, in open session and with a majority
present, determines by record vote that all or part of the
remainder of the meeting on that day shall be in executive
session because disclosure of matters to be considered would
endanger national security, would compromise sensitive law
enforcement information, would tend to defame, degrade, or
incriminate any person, or otherwise would violate a law or
rule of the House. Persons, other than members of the committee
and such noncommittee Members, Delegates, Resident
Commissioner, congressional staff, or departmental
representatives as the committee may authorize, may not be
present at a business or markup session that is held in
executive session. This subparagraph does not apply to open
committee hearings, which are governed by clause 4(a)(1) of
rule X or by subparagraph (2).
L (2)(A) Each hearing conducted by a committee or
subcommittee (other than the Committee on Ethics or its
subcommittees) shall be open to the public, including to radio,
television, and still photography coverage, except when the
committee or subcommittee, in open session and with a majority
present, determines by record vote that all or part of the
remainder of that hearing on that day shall be closed to the
public because disclosure of testimony, evidence, or other
matters to be considered would endanger national security,
would compromise sensitive law enforcement information, or
would violate a law or rule of the House.
L (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--
L (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
L (ii) agree to close the hearing as provided in clause
2(k)(5).
L (C) A Member, Delegate, or Resident Commissioner may
not be excluded from nonparticipatory attendance at a hearing
of a committee or subcommittee (other than the Committee on
Ethics or its subcommittees) unless the House by majority vote
authorizes a particular committee or subcommittee, for purposes
of a particular series of hearings on a particular article of
legislation or on a particular subject of investigation, to
close its hearings to Members, Delegates, and the Resident
Commissioner by the same procedures specified in this
subparagraph for closing hearings to the public.
L (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.
L(3)(A) The chair of a committee shall announce the date,
place, and subject matter of-
L (i) a committee hearing, which may not commence
earlier than one week after such notice; or
L (ii) a committee meeting, which may not commence
earlier than the third day on which members have notice
thereof.
L (B) A hearing or meeting may begin sooner than specified
in subdivision (A) in either of the following circumstances (in
which case the chair shall make the announcement specified in
subdivision (A) at the earliest possible time):
L (i) the chair of the committee, with the concurrence
of the ranking minority member, determines that there is good
cause; or
L (ii) the committee so determines by majority vote in
the presence of the number of members required under the rules
of the committee for the transaction of business.
L (C) An announcement made under this subparagraph shall
be published promptly in the Daily Digest and made publicly
available in electronic form.
L (D) This subparagraph and subparagraph (4) shall not
apply to the Committee on Rules.
L(4) At least 24 hours prior to the commencement of a
meeting for the markup of legislation, or at the time of an
announcement under subparagraph (3)(B) made within 24 hours
before such meeting, the chair of the committee shall cause the
text of such legislation to be made publicly available in
electronic form.
L (5) Each committee shall, to the greatest extent
practicable, require witnesses who appear before it to submit
in advance written statements of proposed testimony and to
limit their initial presentations to the committee to brief
summaries thereof. In the case of a witness appearing in a
nongovernmental capacity, a written statement of proposed
testimony shall include a curriculum vitae and a disclosure of
the amount and source (by agency and program) of each Federal
grant (or subgrant thereof) or contract (or subcontract
thereof) received during the current fiscal year or either of
the two previous fiscal years by the witness or by an entity
represented by the witness. Such statements, with appropriate
redactions to protect the privacy of the witness, shall be made
publicly available in electronic form not later than one day
after the witness appears.
L (6)(A) Except as provided in subdivision (B), a point of
order does not lie with respect to a measure reported by a
committee on the ground that hearings on such measure were not
conducted in accordance with this clause.
L (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.
L (7) This paragraph does not apply to hearings of the
Committee on Appropriations under clause 4(a)(1) of rule X.
Quorum requirements
(h)(1) A measure or recommendation may not be reported by a
committee unless a majority of the committee is actually
present.
L(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.
L(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.
L(4)(A) Each committee may adopt a rule authorizing the
chair of a committee or subcommittee--
L (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
L (ii) to resume proceedings on a postponed question at
any time after reasonable notice.
L (B) A rule adopted pursuant to this subparagraph shall
provide that when proceedings resume on a postponed question,
notwithstanding any intervening order for the previous
question, an underlying proposition shall remain subject to
further debate or amendment to the same extent as when the
question was postponed.
Limitation on committee sittings
(i) A committee may not sit during a joint session of the
House and Senate or during a recess when a joint meeting of the
House and Senate is in progress.
Calling and questioning of witnesses
(j)(1) Whenever a hearing is conducted by a committee on a
measure or matter, the minority members of the committee shall
be entitled, upon request to the chair by a majority of them
before the completion of the hearing, to call witnesses
selected by the minority to testify with respect to that
measure or matter during at least one day of hearing thereon.
L(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.
L (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.
L (C) A committee may adopt a rule or motion permitting
committee staff for its majority and minority party members to
question a witness for equal specified periods. The time for
extended questioning of a witness under this subdivision shall
be equal for the majority party and the minority party and may
not exceed one hour in the aggregate.
Hearing procedures
(k)(1) The chair at a hearing shall announce in an opening
statement the subject of the hearing.
L(2) A copy of the committee rules and of this clause shall
be made available to each witness on request.
L(3) Witnesses at hearings may be accompanied by their own
counsel for the purpose of advising them concerning their
constitutional rights.
L(4) The chair may punish breaches of order and decorum,
and of professional ethics on the part of counsel, by censure
and exclusion from the hearings; and the committee may cite the
offender to the House for contempt.
L(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--
L (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
L (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.
L 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.
L(6) Except as provided in subparagraph (5), the chair
shall receive and the committee shall dispose of requests to
subpoena additional witnesses.
L(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.
L(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.
L(9) A witness may obtain a transcript copy of his
testimony given at a public session or, if given at an
executive session, when authorized by the committee.
Supplemental, minority, or additional views
(l) If at the time of approval of a measure or matter by a
committee (other than the Committee on Rules) a member of the
committee gives notice of intention to file supplemental,
minority, or additional views for inclusion in the report to
the House thereon, all members 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 written and
signed views 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))--
L (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
L (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.
L(2) The chair of the committee, or a member designated by
the chair, may administer oaths to witnesses.
L (3)(A)(i) Except as provided in subdivision (A)(ii), a
subpoena may be authorized and issued by a committee or
subcommittee under subparagraph (1)(B) in the conduct of an
investigation or series of investigations or activities only
when authorized by the committee or subcommittee, a majority
being present. The power to authorize and issue subpoenas under
subparagraph (1)(B) may be delegated to the chair of the
committee under such rules and under such limitations as the
committee may prescribe. Authorized subpoenas shall be signed
by the chair of the committee or by a member designated by the
committee.
L (ii) In the case of a subcommittee of the Committee on
Ethics, a subpoena may be authorized and issued only by an
affirmative vote of a majority of its members.
L (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.
L (C) Compliance with a subpoena issued by a committee or
subcommittee under subparagraph (1)(B) may be enforced only as
authorized or directed by the House.
(n)(1) Each standing committee, or a subcommittee thereof,
shall hold at least one hearing during each 120-day period
following the establishment of the committee on the topic of
waste, fraud, abuse, or mismanagement in Government programs
which that committee may authorize.
L(2) A hearing described in subparagraph (1) shall include
a focus on the most egregious instances of waste, fraud, abuse,
or mismanagement as documented by any report the committee has
received from a Federal Office of the Inspector General or the
Comptroller General of the United States.
(o) Each committee, or a subcommittee thereof, shall hold at
least one hearing in any session in which the committee has
received disclaimers of agency financial statements from
auditors of any Federal agency that the committee may authorize
to hear testimony on such disclaimers from representatives of
any such agency.
(p) Each standing committee, or a subcommittee thereof, shall
hold at least one hearing on issues raised by reports issued by
the Comptroller General of the United States indicating that
Federal programs or operations that the committee may authorize
are at high risk for waste, fraud, and mismanagement, known as
the ``high-risk list'' or the ``high-risk series.''
* * * * * * *
RULE XII
RECEIPT AND REFERRAL OF MEASURES AND MATTERS
* * * * * * *
Referral
2.(a) The Speaker shall refer each bill, resolution, or other
matter that relates to a subject listed under a standing
committee named in clause 1 of rule X in accordance with the
provisions of this clause.
(b) The Speaker shall refer matters under paragraph (a) in
such manner as to ensure to the maximum extent feasible that
each committee that has jurisdiction under clause 1 of rule X
over the subject matter of a provision thereof may consider
such provision and report to the House thereon. Precedents,
rulings, or procedures in effect before the Ninety-Fourth
Congress shall be applied to referrals under this clause only
to the extent that they will contribute to the achievement of
the objectives of this clause.
(c) In carrying out paragraphs (a) and (b) with respect to
the referral of a matter, the Speaker--
L(1) shall designate a committee of primary jurisdiction
(except where the Speaker determines that extraordinary
circumstances justify review by more than one committee as
though primary);
L(2) may refer the matter to one or more additional
committees for consideration in sequence, either initially or
after the matter has been reported by the committee of primary
jurisdiction;
L(3) may refer portions of the matter reflecting different
subjects and jurisdictions to one or more additional
committees;
L(4) may refer the matter to a special, ad hoc committee
appointed by the Speaker with the approval of the House, and
including members of the committees of jurisdiction, for the
specific purpose of considering that matter and reporting to
the House thereon;
L(5) may subject a referral to appropriate time
limitations; and
L(6) may make such other provision as may be considered
appropriate.
(d) A bill for the payment or adjudication of a private claim
against the Government may not be referred to a committee other
than the Committee on Foreign Affairs or the Committee on the
Judiciary, except by unanimous consent.
Petitions, memorials, and private bills
3. If a Member, Delegate, or Resident Commissioner has a
petition, memorial, or private bill to present, he shall
endorse his name, deliver it to the Clerk, and may specify the
reference or disposition to be made thereof. Such petition,
memorial, or private bill (except when judged by the Speaker to
be obscene or insulting) shall be entered on the Journal with
the name of the Member, Delegate, or Resident Commissioner
presenting it and shall be printed in the Congressional Record.
4. A private bill or private resolution (including an omnibus
claim or pension bill), or amendment thereto, may not be
received or considered in the House if it authorizes or
directs--
(a) the payment of money for property damages, for personal
injuries or death for which suit may be instituted under the
Tort Claims Procedure provided in title 28, United States Code,
or for a pension (other than to carry out a provision of law or
treaty stipulation);
(b) the construction of a bridge across a navigable stream;
or
(c) the correction of a military or naval record.
Prohibition on commemorations
5. (a) A bill or resolution, or an amendment thereto, may not
be introduced or considered in the House if it establishes or
expresses a commemoration.
(b) In this clause the term ``commemoration'' means a
remembrance, celebration, or recognition for any purpose
through the designation of a specified period of time.
Excluded matters
6. A petition, memorial, bill, or resolution excluded under
this rule shall be returned to the Member, Delegate, or
Resident Commissioner from whom it was received. A petition or
private bill that has been inappropriately referred may, by
direction of the committee having possession of it, be properly
referred in the manner originally presented. An erroneous
reference of a petition or private bill under this clause does
not confer jurisdiction on a committee to consider or report
it.
Sponsorship
7. (a) Bills, memorials, petitions, and resolutions, endorsed
with the names of Members, Delegates, or the Resident
Commissioner introducing them, may be delivered to the Speaker
to be referred. The titles and references of all bills,
memorials, petitions, resolutions, and other documents referred
under this rule shall be entered on the Journal and printed in
the Congressional Record. An erroneous reference may be
corrected by the House in accordance with rule X on any day
immediately after the Pledge of Allegiance to the Flag by
unanimous consent or motion. Such a motion shall be privileged
if offered by direction of a committee to which the bill has
been erroneously referred or by direction of a committee
claiming jurisdiction and shall be decided without debate.
L(b)(1) The primary sponsor of a public bill or public
resolution may name cosponsors. The name of a cosponsor added
after the initial printing of a bill or resolution shall appear
in the next printing of the bill or resolution on the written
request of the primary sponsor. Such a request may be submitted
to the Speaker at any time until the last committee authorized
to consider and report the bill or resolution reports it to the
House or is discharged from its consideration.
L (2) The name of a cosponsor of a bill or resolution may
be deleted by unanimous consent. The Speaker may entertain such
a request only by the Member, Delegate, or Resident
Commissioner whose name is to be deleted or by the primary
sponsor of the bill or resolution, and only until the last
committee authorized to consider and report the bill or
resolution reports it to the House or is discharged from its
consideration. The Speaker may not entertain a request to
delete the name of the primary sponsor of a bill or resolution.
A deletion shall be indicated by date in the next printing of
the bill or resolution.
L (3) The addition or deletion of the name of a cosponsor
of a bill or resolution shall be entered on the Journal and
printed in the Congressional Record of that day.
L (4) A bill or resolution shall be reprinted on the
written request of the primary sponsor. Such a request may be
submitted to the Speaker only when 20 or more cosponsors have
been added since the last printing of the bill or resolution.
L (5) When a bill or resolution is introduced ``by
request,'' those words shall be entered on the Journal and
printed in the Congressional Record.
L(c)(1) A bill or joint resolution may not be introduced
unless the sponsor submits for printing in the Congressional
Record a statement citing as specifically as practicable the
power or powers granted to Congress in the Constitution to
enact the bill or joint resolution. The statement shall appear
in a portion of the Record designated for that purpose and be
made publicly available in electronic form by the Clerk.
L (2) Before consideration of a Senate bill or joint
resolution, the chair of a committee of jurisdiction may submit
the statement required under subparagraph (1) as though the
chair were the sponsor of the Senate bill or joint resolution.
Executive communications
8. Estimates of appropriations and all other communications
from the executive departments intended for the consideration
of any committees of the House shall be addressed to the
Speaker for referral as provided in clause 2 of rule XIV.
RULE XIII
CALENDARS AND COMMITTEE REPORTS
Calendars
1. (a) All business reported by committees shall be referred to
one of the following three calendars:
L(1) A Calendar of the Committee of the Whole House on the
state of the Union, to which shall be referred public bills and
public resolutions raising revenue, involving a tax or charge
on the people, directly or indirectly making appropriations of
money or property or requiring such appropriations to be made,
authorizing payments out of appropriations already made, or
releasing any liability to the United States for money or
property.
L(2) A House Calendar, to which shall be referred all
public bills and public resolutions not requiring referral to
the Calendar of the Committee of the Whole House on the state
of the Union.
L(3) A Private Calendar as provided in clause 5 of rule XV,
to which shall be referred all private bills and private
resolutions.
(b) There is established a Calendar of Motions to Discharge
Committees as provided in clause 2 of rule XV.
Filing and printing of reports
2.(a)(1) Except as provided in subparagraph (2), all reports
of committees (other than those filed from the floor as
privileged) shall be delivered to the Clerk for printing and
reference to the proper calendar under the direction of the
Speaker in accordance with clause 1. The title or subject of
each report shall be entered on the Journal and printed in the
Congressional Record.
L(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 chair of each committee to
report or cause to be reported promptly to the House a measure
or matter approved by the committee and to take or cause to be
taken steps necessary to bring the measure or matter to a vote.
L(2) In any event, the report of a committee on a measure
that has been approved by the committee shall be filed within
seven calendar days (exclusive of days on which the House is
not in session) after the day on which a written request for
the filing of the report, signed by a majority of the members
of the committee, has been filed with the clerk of the
committee. The clerk of the committee shall immediately notify
the chair of the filing of such a request. This subparagraph
does not apply to a report of the Committee on Rules with
respect to a rule, joint rule, or order of business of the
House, or to the reporting of a resolution of inquiry addressed
to the head of an executive department.
(c) All supplemental, minority, or additional views filed
under clause 2(l) of rule XI by one or more members of a
committee shall be included in, and shall be a part of, the
report filed by the committee with respect to a measure or
matter. When time guaranteed by clause 2(l) of rule XI has
expired (or, if sooner, when all separate views have been
received), the committee may arrange to file its report with
the Clerk not later than one hour after the expiration of such
time. This clause and provisions of clause 2(l) of rule XI do
not preclude the immediate filing or printing of a committee
report in the absence of a timely request for the opportunity
to file supplemental, minority, or additional views as provided
in clause 2(l) of rule XI.
Content of reports
3. (a)(1) Except as provided in subparagraph (2), the report
of a committee on a measure or matter shall be printed in a
single volume that--
L (A) shall include all supplemental, minority, or
additional views that have been submitted by the time of the
filing of the report; and
L (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.
L(2) A committee may file a supplemental report for the
correction of a technical error in its previous report on a
measure or matter. A supplemental report only correcting errors
in the depiction of record votes under paragraph (b) may be
filed under this subparagraph and shall not be subject to the
requirement in clause 4 or clause 6 concerning the availability
of reports.
(b) With respect to each record vote on a motion to report a
measure or matter of a public nature, and on any amendment
offered to the measure or matter, the total number of votes
cast for and against, and the names of members voting for and
against, shall be included in the committee report. The
preceding sentence does not apply to a report by the Committee
on Rules on a rule, joint rule, or the order of business or to
votes taken in executive session by the Committee on Ethics.
(c) The report of a committee on a measure that has been
approved by the committee shall include, separately set out and
clearly identified, the following:
L(1) Oversight findings and recommendations under clause
2(b)(1) of rule X.
L(2) The statement required by section 308(a) of the
Congressional Bud get 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.
L(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.
L(4) A statement of general performance goals and
objectives, including outcome related goals and objectives, for
which the measure authorizes funding.
L(5) On a bill or joint resolution that establishes or
reauthorizes a Federal program, a statement indicating whether
any such program is known to be duplicative of another such
program, including at a minimum an explanation of whether any
such program was included in a report to Congress pursuant to
section 21 of Public Law 111-139 or whether the most recent
Catalog of Federal Domestic Assistance (published pursuant to
section 6104 of title 31, United States Code) identified other
programs related to the program established or reauthorized by
the measure.
(d) Each report of a committee on a public bill or public
joint resolution shall contain the following:
L(1)(A) An estimate by the committee of the costs that
would be incurred in carrying out the bill or joint resolution
in the fiscal year in which it is reported and in each of the
five fiscal years following that fiscal year (or for the
authorized duration of any program authorized by the bill or
joint resolution if less than five years);
L (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
L (C) when practicable, a comparison of the total
estimated funding level for the relevant programs with the
appropriate levels under current law.
L(2)(A) In subparagraph (1) the term ``Government agency''
includes any department, agency, establishment, wholly owned
Government corporation, or instrumentality of the Federal
Government or the government of the District of Columbia.
L (B) Subparagraph (1) does not apply to the Committee on
Appropriations, the Committee on House Administration, the
Committee on Rules, or the Committee on Ethics, and does not
apply when a cost estimate and comparison prepared by the
Director of the Congressional Budget Office under section 402
of the Congressional Budget Act of 1974 has been included in
the report under paragraph (c)(3).
(e)(1) Whenever a committee reports a bill or joint
resolution proposing to repeal or amend a statute or part
thereof, it shall include in its report or in an accompanying
document (showing by appropriate typographical devices the
omissions and insertions proposed)--
L (A) the entire text of each section of a statute that is
proposed to be repealed; and
L (B) a comparative print of each amendment to the entire
text of a section of a statute that the bill or joint
resolution proposes to make.
L(2) If a committee reports a bill or joint resolution
proposing to repeal or amend a statute or part thereof with a
recommendation that the bill or joint resolution be amended,
the comparative print required by subparagraph (1) shall
reflect the changes in existing law proposed to be made by the
bill or joint resolution as proposed to be amended.
(f)(1) A report of the Committee on Appropriations on a
general appropriation bill shall include--
L (A) a concise statement describing the effect of any
provision of the accompanying bill that directly or indirectly
changes the application of existing law; and
L (B) a list of all appropriations contained in the bill
for expenditures not currently authorized by law for the period
concerned (excepting classified intelligence or national
security programs, projects, or activities), along with a
statement of the last year for which such expenditures were
authorized, the level of expenditures authorized for that year,
the actual level of expenditures for that year, and the level
of appropriations in the bill for such expenditures.
L(2) Whenever the Committee on Appropriations reports a
bill or joint resolution including matter specified in clause
1(b)(2) or (3) of rule X, it shall include--
L (A) in the bill or joint resolution, separate headings
for ``Rescissions'' and ``Transfers of Unexpended Balances'';
and
L (B) in the report of the committee, a separate section
listing such rescissions and transfers.
(g) Whenever the Committee on Rules reports a resolution
proposing to repeal or amend a standing rule of the House, it
shall include in its report or in an accompanying document--
L(1) the text of any rule or part thereof that is proposed
to be repealed; and
L(2) a comparative print of any part of the resolution
proposing to amend the rule and of the rule or part thereof
proposed to be amended, showing by appropriate typographical
devices the omissions and insertions proposed.
(h) It shall not be in order to consider a bill or joint
resolution reported by the Committee on Ways and Means that
proposes to amend the Internal Revenue Code of 1986 unless--
L(1) the report includes a tax complexity analysis prepared
by the Joint Committee on Taxation in accordance with section
4022(b) of the Internal Revenue Service Restructuring and
Reform Act of 1998; or
L(2) the chair of the Committee on Ways and Means causes
such a tax complexity analysis to be printed in the
Congressional Record before consideration of the bill or joint
resolution.
* * * * * * *
Availability of reports
4. (a)(1) Except as specified in subparagraph (2), it shall not
be in order to consider in the House a measure or matter
reported by a committee until the third calendar day (excluding
Saturdays, Sundays, or legal holidays except when the House is
in session on such a day) on which each report of a committee
on that measure or matter has been available to Members,
Delegates, and the Resident Commissioner.
L(2) Subparagraph (1) does not apply to--
L (A) a resolution providing a rule, joint rule, or order
of business reported by the Committee on Rules considered under
clause 6;
L (B) a resolution providing amounts from the applicable
accounts described in clause 1(j)(1) of rule X reported by the
Committee on House Administration considered under clause 6 of
rule X;
L (C) a resolution presenting a question of the privileges
of the House reported by any committee;
L (D) a measure for the declaration of war, or the
declaration of a national emergency, by Congress; and
L (E) a measure providing for the disapproval of a
decision, determination, or action by a Government agency that
would become, or continue to be, effective unless disapproved
or otherwise invalidated by one or both Houses of Congress. In
this subdivision the term ``Government agency'' includes any
department, agency, establishment, wholly owned Government
corporation, or instrumentality of the Federal Government or of
the government of the District of Columbia.
(b) A committee that reports a measure or matter shall make
every reasonable effort to have its hearings thereon (if any)
printed and available for distribution to Members, Delegates,
and the Resident Commissioner before the consideration of the
measure or matter in the House.
(c) A general appropriation bill reported by the Committee on
Appropriations may not be considered in the House until the
third calendar day (excluding Saturdays, Sundays, and legal
holidays except when the House is in session on such a day) on
which printed hearings of the Committee on Appropriations
thereon have been available to Members, Delegates, and the
Resident Commissioner.
* * * * * * *
Resolutions of inquiry
7. A report on a resolution of inquiry addressed to the head of
an executive department may be filed from the floor as
privileged. If such a resolution is not reported to the House
within 14 legislative days after its introduction, a motion to
discharge a committee from its consideration shall be
privileged.
* * * * * * *
RULE XVII
DECORUM AND DEBATE
Decorum
1. (a) A Member, Delegate, or Resident Commissioner who desires
to speak or deliver a matter to the House shall respectfully
address the Speaker and, on being recognized, may address the
House from any place on the floor. When invited by the Chair, a
Member, Delegate, or Resident Commissioner may speak from the
Clerk's desk.
(b) Remarks in debate (which may include references to the
Senate or its Members) shall be confined to the question under
debate, avoiding personality.
Recognition
2. When two or more Members, Delegates, or the Resident
Commissioner seek recognition, the Speaker shall name the
Member, Delegate, or Resident Commissioner who is first to
speak. A Member, Delegate, or Resident Commissioner may not
occupy more than one hour in debate on a question in the House
or in the Committee of the Whole House on the state of the
Union except as otherwise provided in this rule
Managing debate
3. (a) The Member, Delegate, or Resident Commissioner who calls
up a measure may open and close debate thereon. When general
debate extends beyond one day, that Member, Delegate, or
Resident Commissioner shall be entitled to one hour to close
without regard to the time used in opening.
(b) Except as provided in paragraph (a), a Member, Delegate,
or Resident Commissioner may not speak more than once to the
same question without leave of the House.
(c) A manager of a measure who opposes an amendment thereto
is entitled to close controlled debate thereon.
Call to order
4. (a) If a Member, Delegate, or Resident Commissioner, in
speaking or otherwise, transgresses the Rules of the House, the
Speaker shall, or a Member, Delegate, or Resident Commissioner
may, call to order the offending Member, Delegate, or Resident
Commissioner, who shall immediately sit down unless permitted
on motion of another Member, Delegate, or the Resident
Commissioner to explain. If a Member, Delegate, or Resident
Commissioner is called to order, the Member, Delegate, or
Resident Commissioner making the call to order shall indicate
the words excepted to, which shall be taken down in writing at
the Clerk's desk and read aloud to the House.
(b) The Speaker shall decide the validity of a call to order.
The House, if appealed to, shall decide the question without
debate. If the decision is in favor of the Member, Delegate, or
Resident Commissioner called to order, the Member, Delegate, or
Resident Commissioner shall be at liberty to proceed, but not
otherwise. If the case requires it, an offending Member,
Delegate, or Resident Commissioner shall be liable to censure
or such other punishment as the House may consider proper. A
Member, Delegate, or Resident Commissioner may not be held to
answer a call to order, and may not be subject to the censure
of the House therefor, if further debate or other business has
intervened.
Comportment
5. When the Speaker is putting a question or addressing the
House, a Member, Delegate, or Resident Commissioner may not
walk out of or across the Hall. When a Member, Delegate, or
Resident Commissioner is speaking, a Member, Delegate, or
Resident Commissioner may not pass between the person speaking
and the Chair. During the session of the House, a Member,
Delegate, or Resident Commissioner may not wear a hat or remain
by the Clerk's desk during the call of the roll or the counting
of ballots. A person on the floor of the House may not smoke or
use a mobile electronic device that impairs decorum. The
Sergeant-at-Arms is charged with the strict enforcement of this
clause.
Exhibits
6. When the use of an exhibit in debate is objected to by a
Member, Delegate, or Resident Commissioner, the Chair, in his
discretion, may submit the question of its use to the House
without debate.
Galleries
7. During a session of the House, it shall not be in order for
a Member, Delegate, or Resident Commissioner to introduce to or
to bring to the attention of the House an occupant in the
galleries of the House. The Speaker may not entertain a request
for the suspension of this rule by unanimous consent or
otherwise.
Congressional Record
8. (a) The Congressional Record shall be a substantially
verbatim account of remarks made during the proceedings of the
House, subject only to technical, grammatical, and
typographical corrections authorized by the Member, Delegate,
or Resident Commissioner making the remarks.
(b) Unparliamentary remarks may be deleted only by permission
or order of the House.
(c) This clause establishes a standard of conduct within the
meaning of clause 3(a)(2) of rule XI.
Legislative Proceedings
9. (a) A Member, Delegate, the Resident Commissioner, officer,
or employee of the House may not engage in disorderly or
disruptive conduct in the Chamber, including--
L(1) intentionally obstructing or impeding the passage of
others in the Chamber;
L(2) the use of an exhibit to impede, disrupt, or disturb
the proceedings of the House; and
L(3) the denial of legislative instruments to others
seeking to engage in legislative proceedings.
(b) This clause establishes a standard of conduct within the
meaning of clause 3(a)(2) of rule XI.
Secret sessions
10. When confidential communications are received from the
President, or when the Speaker or a Member, Delegate, or
Resident Commissioner informs the House that he has
communications that he believes ought to be kept secret for the
present, the House shall be cleared of all persons except the
Members, Delegates, Resident Commissioner, and officers of the
House for the reading of such communications, and debates and
proceedings thereon, unless otherwise ordered by the House.
* * * * * * *
RULE XXI
RESTRICTIONS ON CERTAIN BILLS
Reservation of certain points of order
1. At the time a general appropriation bill is reported, all
points of order against provisions therein shall be considered
as reserved.
* * * * * * *
Appropriations on legislative bills
4. A bill or joint resolution carrying an appropriation may not
be reported by a committee not having jurisdiction to report
appropriations, and an amendment proposing an appropriation
shall not be in order during the consideration of a bill or
joint resolution reported by a committee not having that
jurisdiction. A point of order against an appropriation in such
a bill, joint resolution, or amendment thereto may be raised at
any time during pendency of that measure for amendment.
Tax and tariff measures and amendments
5. (a)(1) A bill or joint resolution carrying a tax or tariff
measure may not be reported by a committee not having
jurisdiction to report tax or tariff measures, and an amendment
in the House or proposed by the Senate carrying a tax or tariff
measure shall not be in order during the consideration of a
bill or joint resolution reported by a committee not having
that jurisdiction. A point of order against a tax or tariff
measure in such a bill, joint resolution, or amendment thereto
may be raised at any time during pendency of that measure for
amendment.
L(2) For purposes of paragraph (1), a tax or tariff measure
includes an amendment proposing a limitation on funds in a
general appropriation bill for the administration of a tax or
tariff.
* * * * * * *
9. (a) It shall not be in order to consider--
L(1) a bill or joint resolution reported by a committee
unless the report includes a list of congressional earmarks,
limited tax benefits, and limited tariff benefits in the bill
or in the report (and the name of any Member, Delegate, or
Resident Commissioner who submitted a request to the committee
for each respective item included in such list) or a statement
that the proposition contains no congressional earmarks,
limited tax benefits, or limited tariff benefits;
L(2) a bill or joint resolution not reported by a committee
unless the chair of each committee of initial referral has
caused a list of congressional earmarks, limited tax benefits,
and limited tariff benefits in the bill (and the name of any
Member, Delegate, or Resident Commissioner who submitted a
request to the committee for each respective item included in
such list) or a statement that the proposition contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits to be printed in the Congressional Record prior to its
consideration;
L(3) an amendment to a bill or joint resolution to be
offered at the outset of its consideration for amendment by a
member of a committee of initial referral as designated in a
report of the Committee on Rules to accompany a resolution
prescribing a special order of business unless the proponent
has caused a list of congressional earmarks, limited tax
benefits, and limited tariff benefits in the amendment (and the
name of any Member, Delegate, or Resident Commissioner who
submitted a request to the proponent for each respective item
included in such list) or a statement that the proposition
contains no congressional earmarks, limited tax benefits, or
limited tariff benefits to be printed in the Congressional
Record prior to its consideration; or
L(4) a conference report to accompany a bill or joint
resolution unless the joint explanatory statement prepared by
the managers on the part of the House and the managers on the
part of the Senate includes a list of congressional earmarks,
limited tax benefits, and limited tariff benefits in the
conference report or joint statement (and the name of any
Member, Delegate, Resident Commissioner, or Senator who
submitted a request to the House or Senate committees of
jurisdiction for each respective item included in such list) or
a statement that the proposition contains no congressional
earmarks, limited tax benefits, or limited tariff benefits.
(b) It shall not be in order to consider a conference report
to accompany a regular general appropriation bill unless the
joint explanatory statement prepared by the managers on the
part of the House and the managers on the part of the Senate
includes--
L(1) a list of congressional earmarks, limited tax
benefits, and limited tariff benefits in the conference report
or joint statement (and the name of any Member, Delegate,
Resident Commissioner, or Senator who submitted a request to
the House or Senate committees of jurisdiction for each
respective item included in such list) that were neither
committed to the conference committee by either House nor in a
report of a committee of either House on such bill or on a
companion measure; or
L(2) a statement that the proposition contains no such
congressional earmarks, limited tax benefits, or limited tariff
benefits.
(c) It shall not be in order to consider a rule or order that
waives the application of paragraph (a) or (b). As disposition
of a point of order under this paragraph or paragraph (b), the
Chair shall put the question of consideration with respect to
the rule or order or conference report, as applicable. The
question of consideration shall be debatable for 10 minutes by
the Member initiating the point of order and for 10 minutes by
an opponent, but shall otherwise be decided without intervening
motion except one that the House adjourn.
(d) In order to be cognizable by the Chair, a point of order
raised under paragraph (a) may be based only on the failure of
a report, submission to the Congressional Record, or joint
explanatory statement to include a list required by paragraph
(a) or a statement that the proposition contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits.
(e) For the purpose of this clause, the term ``congressional
earmark'' means a provision or report language included
primarily at the request of a Member, Delegate, Resident
Commissioner, or Senator providing, authorizing or recommending
a specific amount of discretionary budget authority, credit
authority, or other spending authority for a contract, loan,
loan guarantee, grant, loan authority, or other expenditure
with or to an entity, or targeted to a specific State, locality
or Congressional district, other than through a statutory or
administrative formula driven or competitive award process.
(f) For the purpose of this clause, the term ``limited tax
benefit'' means--
L(1) any revenue-losing provision that--
L (A) provides a Federal tax deduction, credit, exclusion,
or preference to 10 or fewer beneficiaries under the Internal
Revenue Code of 1986, and
L (B) contains eligibility criteria that are not uniform
in application with respect to potential beneficiaries of such
provision; or
L(2) any Federal tax provision which provides one
beneficiary temporary or permanent transition relief from a
change to the Internal Revenue Code of 1986.
(g) For the purpose of this clause, the term ``limited tariff
benefit'' means a provision modifying the Harmonized Tariff
Schedule of the United States in a manner that benefits 10 or
fewer entities.
10.(a)(1) Except as provided in paragraphs (b) and (c), it
shall not be in order to consider a bill or joint resolution,
or an amendment thereto or a conference report thereon, if the
provisions of such measure have the net effect of increasing
mandatory spending for the period of either--
L (A) the current year, the budget year, and the four
fiscal years following that budget year; or
L (B) the current year, the budget year, and the nine
fiscal years following that budget year.
L(2) For the purpose of this clause, the terms `budget
year' and `current year' have the meanings specified in section
250 of the Balanced Budget and Emergency Deficit Control Act of
1985, and the term `mandatory spending' has the meaning of
`direct spending' specified in such section 250 except that
such term shall also include provisions in appropriation Acts
that make outyear modifications to substantive law as described
in section 3(4)(C) of the Statutory Pay-As-You-Go Act of 2010.
(b) If a bill or joint resolution, or an amendment thereto,
is considered pursuant to a special order of the House
directing the Clerk to add as new matter at the end of such
bill or joint resolution the entire text of a separate measure
or measures as passed by the House, the new matter proposed to
be added shall be included in the evaluation under paragraph
(a) of the bill, joint resolution, or amendment.
(c)(1) Except as provided in subparagraph (2), the evaluation
under paragraph (a) shall exclude a provision expressly
designated as an emergency for the Statutory Pay-As-You-Go Act
of 2010, in the case of a point of order under this clause
against consideration of-
L (A) a bill or joint resolution;
L (B) an amendment made in order as original text by a
special order of business;
L (C) a conference report; or
L (D) an amendment between the Houses.
L(2) In the case of an amendment (other than one specified
in subparagraph (1)) to a bill or joint resolution, the
evaluation under paragraph (a) shall give no cognizance to any
designation of emergency.
11. It shall not be in order to consider a bill or joint
resolution which has not been reported by a committee until the
third calendar day (excluding Saturdays, Sundays, or legal
holidays except when the House is in session on such a day) on
which such measure has been available to Members, Delegates,
and the Resident Commissioner.
12. (a)(1) Before a bill or joint resolution proposing to
repeal or amend a statute or part thereof may be considered,
there shall be made available on a publicly available website
of the House an easily searchable electronic comparative print
that shows how the bill or joint resolution proposes to change
current law, showing (to the greatest extent practicable) by
appropriate typographical devices the omissions and insertions
proposed.
L(2) Before an amendment in the nature of a substitute may
be considered if the amendment proposes to repeal or amend a
statute or part thereof, there shall be made available on a
publicly available website of the House an easily searchable
electronic comparative print that shows (to the greatest extent
practicable) how the amendment proposes to change current law,
showing by appropriate typographical devices the omissions and
insertions proposed.
(b) If a committee reports a bill or joint resolution, before
the bill or joint resolution may be considered with text
different from the text reported, there shall be made available
on a publicly available website of the House a document that
shows, by appropriate typographical devices, the differences
between the text of the bill or joint resolution as proposed to
be considered and the text of the bill or joint resolution as
reported.\1\
---------------------------------------------------------------------------
\1\ The effective date of clause 12 is December 31, 2017.
---------------------------------------------------------------------------
* * * * * * *
RULE XXIXX
GENERAL PROVISIONS
1. The provisions of law that constituted the Rules of the
House at the end of the previous Congress shall govern the
House in all cases to which they are applicable, and the rules
of parliamentary practice comprised by Jefferson's Manual shall
govern the House in all cases to which they are applicable and
in which they are not inconsistent with the Rules and orders of
the House.
2. In these rules words importing one gender include the other
as well.
3. If a measure or matter is publicly available at an
electronic document repository operated by the Clerk, it shall
be considered as having been available to Members, Delegates,
and the Resident Commissioner for purposes of these rules.
4. Authoritative guidance from the Committee on the Budget
concerning the impact of a legislative proposition on the
levels of new budget authority, outlays, direct spending, new
entitlement authority and revenues may be provided by the chair
of the committee.
* * * * * * *
JURISDICTIONAL HISTORY
Legislative History To Accompany Changes to Rule X
109th Congress
[Congressional Record H25 January 4, 2005]
Rule X and the Committee on Homeland Security
Legislative History
Overall homeland security policy--The jurisdiction of the
Committee on Homeland Security over ``overall homeland security
policy'' is to be interpreted on a government-wide or multi-
agency basis similar to the Committee on Government Reform's
jurisdiction over ``overall economy, efficiency, and management
of government operations and activities. . . .'' Surgical
addresses of homeland security policy in sundry areas of
jurisdiction occupied by other committees would not be referred
to the Committee on Homeland Security on the basis of
``overall'' homeland security policy jurisdiction. For example,
the Committee on Homeland Security shall have jurisdiction over
a bill coordinating the homeland security efforts by all of the
critical infrastructure protection sectors. Jurisdiction over a
bill addressing the protection of a particular sector would lie
with the committee otherwise having jurisdiction over that
sector. Organization and administration of the Department of
Homeland Security--The jurisdiction of the Committee on
Homeland Security would apply only to organizational or
administrative aspects of the Department where another
committee's jurisdiction did not clearly apply. The Committee's
jurisdiction is to be confined to organizational and
administrative efforts and would not apply to programmatic
efforts within the Department of Homeland Security within the
jurisdiction of other committees. Homeland Security Oversight--
this would vest the Committee on Homeland Security with
oversight jurisdiction over the homeland security community of
the United States. Nothing in this clause shall be construed as
prohibiting or otherwise restricting the authority of any other
committee to study and review homeland security activities to
the extent that such activity directly affects a matter
otherwise within the jurisdiction of that committee.
Individual committee concerns
Agriculture--The jurisdiction of the Committee on Homeland
Security over ``border and port security'' shall be limited to
agricultural importation and entry inspection activities of the
Department of Homeland Security under section 421 of the
Homeland Security Act of 2002. The Committee on Agriculture
shall retain jurisdiction over animal and plant disease policy
including the authority reserved to the Department of
Agriculture to regulate policy under section 421 of the
Homeland Security Act of 2002, and the Animal Health Protection
Act, the Plant Protection Act, the Plant Quarantine Act, and
the Agriculture Quarantine Inspection User Fee Account. The
Committee on Agriculture shall retain jurisdiction over the
agricultural research and diagnosis mission at the Plum Island
Animal Disease Center.
Armed Services--The Committee on Armed Services shall
retain jurisdiction over warfighting, the military defense of
the United States, and other military activities, including any
military response to terrorism, pursuant to section 876 of the
Homeland Security Act of 2002.
Energy and Commerce--The Committee on Homeland Security
shall have jurisdiction over measures that address the
Department of Homeland Security's activities for domestic
preparedness and collective response to terrorism. The words
``to terrorism'' require a direct relation to terrorism. The
Committee on Homeland Security's jurisdiction over ``collective
response to terrorism'' means that it shall receive referrals
of bills addressing the Department of Homeland Security's
responsibilities for, and assistance to, first responders as a
whole. The Committee on Energy and Commerce (and other relevant
committees) shall retain their jurisdiction over bills
addressing the separate entities that comprise the first
responders. For example, the Committee on Energy and Commerce
shall retain its jurisdiction over a bill directing the
Department of Health and Human Services to train emergency
medical personnel.
Financial Services--The Committee on Financial Services
shall retain jurisdiction over the National Flood Insurance
Program and Emergency Food and Shelter Program of FEMA, and the
Defense Production Act. The Committee on Financial Services
shall retain its jurisdiction over the anti-money laundering,
terrorist financing, and anti-counterfeiting activities within
the Department of the Treasury and the financial regulators.
Government Reform--The Committee on Homeland Security shall
have jurisdiction over ``the organization and administration of
the Department of Homeland Security.'' The Committee on
Government Reform shall retain jurisdiction over federal civil
service, the overall economy, efficiency, and management of
government operations and activities, including Federal
procurement, and federal paperwork reduction. The Committee on
Government Reform shall retain jurisdiction over government-
wide information management efforts including the Federal
Information Security Management Act. The Committee on Homeland
Security shall have jurisdiction over integration, analysis,
and dissemination of homeland security information by the
Department of Homeland Security, and the Committee on
Government Reform shall retain jurisdiction over measures
addressing public information and records generally including
the Privacy Act and the Freedom of Information Act. The
Committee on Government Reform shall have jurisdiction over the
policy coordination responsibilities of the Office of
Counternarcotics Enforcement.
Intelligence--The Permanent Select Committee on
Intelligence shall retain jurisdiction over the intelligence
and intelligence-related activities of all departments and
agencies of the Federal Government, including the Office of the
Director of National Intelligence and the National
Counterterrorism Center as defined in the Intelligence Reform
and Terrorism Prevention Act of 2004.
Judiciary--The Committee on the Judiciary shall retain
jurisdiction over immigration policy and non-border enforcement
of the immigration laws. Its jurisdiction over immigration
policy shall include matters such as the immigration and
naturalization process, numbers of aliens (including immigrants
and non-immigrants) allowed, classifications and lengths of
allowable stay, the adjudication of immigration petitions and
the requirements for the same, the domestic adjudication of
immigration petitions and applications submitted to the
Department of Labor or the Department of Homeland Security and
setting policy with regard to visa issuance and acceptance. Its
jurisdiction over non-border enforcement shall be limited to
those aspects of immigration enforcement not associated with
the immediate entry of individuals into the country, including
those aspects of the Bureau of Immigration and Customs
Enforcement. The Committee on Homeland Security shall have
jurisdiction over border and port security including the
immigration responsibilities of inspectors at ports of entry
and the border patrol. As used in the new Rule X(1)(l)(9) and
this legislative history, the word ``immigration'' shall be
construed to include ``naturalization'' and no substantive
change is intended by the new rule's not containing the word
``naturalization.''
Science--The Committee on Science shall retain some
jurisdiction over the research and development activities of
the Department of Homeland Security as such matters are
incidental to the Committee on Science's existing jurisdiction
(except where those activities are in the jurisdiction of
another committee).
Transportation and Infrastructure--The Committee on
Transportation and Infrastructure shall retain jurisdiction
over the Coast Guard. However, the Committee on Homeland
Security has jurisdiction over port security, and some Coast
Guard responsibilities in that area will fall within the
jurisdiction of both committees. Jurisdiction over emergency
preparedness will be split between the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security. The Committee on Transportation and Infrastructure
shall retain its jurisdiction under clause 1(r)(2) over
``federal management of emergencies and natural disasters.''
This means that the committee retains its general jurisdiction
over the emergency preparedness and response operations of the
Federal Emergency Management Agency (FEMA). Bills addressing
FEMA's general preparation for disaster from any cause shall be
referred to the Committee on Transportation and Infrastructure.
The Committee on Homeland Security shall have jurisdiction over
the Department of Homeland Security's responsibilities with
regard to emergency preparedness only as they relate to acts of
terrorism. Thus, the Committee on Homeland Security shall have
jurisdiction over the responsibilities of the Office for
Domestic Preparedness, in accordance with section 430 of the
Homeland Security Act of 2002. As indicated earlier, the
Committee on Homeland Security's jurisdiction over ``collective
response to terrorism'' means that it would receive referrals
of bills addressing the Department of Homeland Security's
responsibilities for, and assistance to, first responders as a
whole and not over measures addressing first responder
communities individually. The Committee on Homeland Security
shall have jurisdiction over the functions of the Department of
Homeland Security relating to transportation security, while
the Committee on Transportation and Infrastructure shall retain
its jurisdiction over transportation safety. In general, the
Committee on Homeland Security would have jurisdiction over
bills addressing the Transportation Security Administration and
the Committee on Transportation and Infrastructure would have
jurisdiction over bills addressing the various entities within
the Department of Transportation having responsibility for
transportation safety, such as the Federal Aviation
Administration and the Federal Motor Carrier Safety
Administration. The jurisdiction of the Committee on Homeland
Security does not include expenditures from trust funds under
the jurisdiction of other committees, including but not limited
to the Highway Trust Fund, the Airport and Airway Trust Fund,
the Harbor Maintenance Trust Fund, the Federal Buildings Fund,
and the Inland Waterways Trust Fund.
Ways and Means--The jurisdiction of the Committee on Ways
and Means over ``customs revenue'' is intended to include those
functions contemplated in section 412(b)(2) of the Homeland
Security Act of 2002 and includes those functions as carried
out in collection districts and ports of entry and delivery.
------
Memorandum of Understanding Between the Committee on Transportation and
Infrastructure and the Committee on Homeland Security
[Congressional Record, H15, January 4, 2007]
On January 4, 2005, the U.S. House of Representatives
adoptedH. Res. 5, establishing the Rules of the House for the
109th Congress. Section 2(a) established the Committee on
Homeland Security as a standing committee of the House of
Representatives with specific legislative jurisdiction under
House Rule X. A legislative history to accompany the changes to
House Rule X was inserted in the Congressional Record on
January 4, 2005.
The Committee on Transportation and Infrastructure and
theCommittee on Homeland Security (hereinafter ``Committees'')
jointly agree to the January 4, 2005 legislative history as the
authoritative source of legislative history of section 2(a) of
H. Res. 5 with the following two clarifications.
First, with regard to the Federal Emergency Management
Agency's, FEMA, emergency preparedness and response programs,
theCommittee on Homeland Security has jurisdiction over the
Department of Homeland Security's responsibilities with regard
to emergency preparedness and collective response only as they
relate to terrorism. However, in light of the federal emergency
management reforms that were enacted as title VI of Public Law
109(295, a bill amending FEMA's all-hazards emergency
preparedness programs that necessarily addresses FEMA's
terrorism preparedness programs would be referred to the
Committee on Transportation and Infrastructure; in addition,
the Committee on Homeland Security would have a jurisdictional
interest in such bill. Nothing in this Memorandum of
Understanding affects the jurisdiction of the Committee on
Transportation and Infrastructure of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act and the Federal
Fire Prevention and Control Act of 1974.
Second, with regard to port security, the Committee on
Homeland Security has jurisdiction over port security, and some
Coast Guard responsibilities in that area fall within the
jurisdiction of both Committees. A bill addressing the
activities, programs, assets, and personnel of the Coast Guard
as they relate to port security and non-port security missions
would be referred to the Committee on Transportation and
Infrastructure; in addition, the Committee on Homeland Security
would have a jurisdictional interest in such bill.
This Memorandum of Understanding between the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security provides further clarification to the January 4, 2005
legislative history of the jurisdiction of the Committees only
with regard to these two specific issues. The Memorandum does
not address any other issues and does not affect the
jurisdiction of other committees.
JAMES L. OBERSTAR
Chairman-designate,
Committee on Transportation & Infrastructure
BENNIE G. THOMPSON
Chairman-designate,
Committee on Homeland Security
------
Changes to the Standing Rules
Section-By-Section Analysis
113th Congress
[Congressional Record, H12 January 3, 2013]
Clarifications in Rule X. Subsection (c) makes two
clarifications with respect to clause 1 of rule X. Paragraph
(1) clarifies that the Committee on Homeland Security's
jurisdiction includes the general management of the Department
of Homeland Security. This change is intended to clarify the
Committee's existing jurisdiction over the organization and
administration of the department, and is not intended to alter
the pattern of bill referrals to the Committee on Homeland
Security, nor is it intended to alter the existing oversight
jurisdiction of the Committee on Homeland Security. Paragraph
(2) conforms terminology used in the Committee on Natural
Resources jurisdiction to terminology recognized by the
Departments of State and Interior.
------
Memorandum Regarding Authorization of the Department of Homeland
Security
[Congressional Record, E47 Wednesday, January 11, 2017]
We, the chairs of the committees with jurisdiction over the
Department of Homeland Security or its components, are hereby
recording our agreement on the following principles for the
115th Congress:
1. The Department of Homeland Security (``the Department'')
and its components should be authorized on a regular basis to
ensure robust oversight and improve its operation.
2. Committees with jurisdiction over the Department and its
components will prioritize the authorization of the Department
and any unauthorized or expiring component in that committee's
authorization and oversight plan.
3. To the maximum extent practicable, the committees with
jurisdiction over unauthorized or expiring components of the
Department shall coordinate with the Committee on Homeland
Security to produce a comprehensive authorization bill for the
Department.
4. The Committee on Homeland Security shall coordinate with
the committees with jurisdiction over unauthorized or expiring
components of the Department in the development of any
comprehensive authorization bill for the Department.
5. The Committee on Homeland Security and the committees
with jurisdiction over components of the Department shall
jointly develop a process for the vetting and pre-clearing of
base text and amendments offered at subcommittee and full
committee markups of a DHS authorization bill in the Committee
on Homeland Security that fall within the jurisdiction of a
committee other than or in addition to the Committee on
Homeland Security.
6. The committees will expedite consideration of any
comprehensive authorization bill for the Department, including
timely resolution of any matters subject to a sequential or
additional referral.
7. To the extent that there are policy differences between
the committees regarding a provision of the comprehensive
authorization bill for the Department, the committees will make
best efforts to resolve any such dispute.
8. The Committee on Homeland Security Committee shall not
include any provision in a comprehensive authorization bill
that the chair of the Committee on Ways and Means has
determined to be a revenue provision or a provision affecting
revenue. If the chair of the Committee on Ways and Means makes
such a determination, nothing in this agreement shall be
construed to preclude that chair from exercising an additional
or sequential referral over the measure, or a point of order
under clause 5(a) of Rule XXI of the Rules of the House of
Representatives.
9. Nothing in this agreement shall be construed as altering
any committee's jurisdiction under rule X of the Rules of the
House of Representatives or the referral of any measure
thereunder.
10. Further, nothing in this memorandum precludes a further
agreement between the committees with regard to the
implementation of a process to ensure regular comprehensive
authorizations of the Department.
Signed,
GREGG WALDEN, Chair,
Committee on Energy and Commerce.
DEVIN NUNES, Chair,
Permanent Select Committee on Intelligence.
JASON CHAFFETZ, Chair,
Committee on Oversight and Government Reform.
BILL SHUSTER, Chair,
Committee on Transportation and Infrastructure.
MICHAEL T. MCCAUL, Chair,
Committee on Homeland Security.
BOB GOODLATTE, Chair,
Committee on the Judiciary.
LAMAR SMITH, Chair,
Committee on Science, Space and Technology.
KEVIN BRADY, Chair,
Committee on Ways and Means.
[all]