[WPRT 108-1]
[From the U.S. Government Publishing Office]
108th Congress
1st Session COMMITTEE PRINT WMCP:
108-1
_______________________________________________________________________
COMMITTEE ON WAYS AND MEANS
U.S. HOUSE OF REPRESENTATIVES
__________
MANUAL OF RULES
OF THE
COMMITTEE ON WAYS AND MEANS
DURING THE
ONE HUNDRED EIGHTH CONGRESS
__________
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13
ADOPTED JANUARY 29, 2003
Prepared for the use of the Committee on Ways and Means by its staff
COMMITTEE ON WAYS AND MEANS
BILL THOMAS, California, Chairman
PHILIP M. CRANE, Illinois CHARLES B. RANGEL, New York
E. CLAY SHAW, Jr., Florida FORTNEY PETE STARK, California
NANCY L. JOHNSON, Connecticut ROBERT T. MATSUI, California
AMO HOUGHTON, New York SANDER M. LEVIN, Michigan
WALLY HERGER, California BENJAMIN L. CARDIN, Maryland
JIM McCRERY, Louisiana JIM McDERMOTT, Washington
DAVE CAMP, Michigan GERALD D. KLECZKA, Wisconsin
JIM RAMSTAD, Minnesota JOHN LEWIS, Georgia
JIM NUSSLE, Iowa RICHARD E. NEAL, Massachusetts
SAM JOHNSON, Texas MICHAEL R. McNULTY, New York
JENNIFER DUNN, Washington WILLIAM J. JEFFERSON, Louisiana
MAC COLLINS, Georgia JOHN S. TANNER, Tennessee
ROB PORTMAN, Ohio XAVIER BECERRA, California
PHIL ENGLISH, Pennsylvania LLOYD DOGGETT, Texas
J.D. HAYWORTH, Arizona EARL POMEROY, North Dakota
JERRY WELLER, Illinois MAX SANDLIN, Texas
KENNY C. HULSHOF, Missouri STEPHANIE TUBBS JONES, Ohio
SCOTT McINNIS, Colorado
RON LEWIS, Kentucky
MARK FOLEY, Florida
KEVIN BRADY, Texas
PAUL RYAN, Wisconsin
ERIC CANTOR, Virginia
Allison H. Giles, Chief of Staff
Janice Mays, Minority Chief Counsel
FOREWORD
This manual has been prepared to assist Members of the
Committee on Ways and Means, its staff, and the public. It
presents in two parts various rules that affect the
organization and procedures of the Committee on Ways and Means.
Part I contains rules adopted by the Committee for the 108th
Congress. Part II contains selected Rules of the House of
Representatives, which are also a part of the rules of the
Committee, affecting all standing committees of the House.
C O N T E N T S
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Page
Foreword......................................................... III
PART I--RULES OF THE COMMITTEE ON WAYS AND MEANS
A. General
Rule 1. Application of Rules..................................... 3
Rule 2. Meeting Date and Quorums................................. 3
Rule 3. Committee Budget......................................... 4
Rule 4. Publication of Committee Documents....................... 4
Rule 5. Official Travel.......................................... 5
Rule 6. Availability of Committee Records and Publications....... 5
Rule 7. Websites................................................. 6
B. Subcommittees
Rule 8. Subcommittee Ratios and Jurisdiction..................... 6
1. Subcommittee on Trade..................................... 6
2. Subcommittee on Oversight................................. 7
3. Subcommittee on Health.................................... 7
4. Subcommittee on Social Security........................... 7
5. Subcommittee on Human Resources........................... 7
6. Subcommittee on Select Revenue Measures................... 8
Rule 9. Ex Officio Members of Subcommittees...................... 8
Rule 10. Subcommittee Meetings................................... 8
Rule 11. Reference of Legislation and Subcommittee Reports....... 8
Rule 12. Recommendation for Appointment of Conferees............. 9
C. Hearings
Rule 13. Witnesses............................................... 9
Rule 14. Questioning of Witnesses................................ 10
Rule 15. Subpoena Power.......................................... 10
Rule 16. Records of Hearings..................................... 10
Rule 17. Broadcasting of Hearings................................ 10
D. Markups
Rule 18. Reconsideration of Previous Vote........................ 11
Rule 19. Previous Question....................................... 11
Rule 20. Postponement of Proceedings............................. 11
Rule 21. Official Transcripts of Markups and Other Committee
Meetings....................................................... 11
Rule 22. Publication of Decisions and Legislative Language....... 12
E. Staff
Rule 23. Supervision of Committee Staff.......................... 12
Rule 24. Staff Honoraria, Speaking Engagements, and Unofficial
Travel......................................................... 12
PART II--SELECTED RULES OF THE HOUSE OF REPRESENTATIVES
Rule VII. Records of the House................................... 17
Archiving.................................................... 17
Public Availability.......................................... 17
Definition of Record......................................... 18
Rule X. Organization of Committees............................... 18
Committees and Their Legislative Jurisdictions............... 18
General Oversight Responsibilities........................... 18
Special Oversight Functions.................................. 20
Additional Functions of Committees........................... 20
Budget Act Responsibilities.................................. 20
Election and Membership of Standing Committees............... 21
Expense Resolutions.......................................... 21
Interim Funding.............................................. 22
Travel....................................................... 23
Committee Staffs............................................. 24
Rule XI. Procedures of Committees and Unfinished Business........ 26
In General................................................... 26
Adoption of Written Rules.................................... 27
Regular Meeting Days......................................... 27
Additional and Special Meetings.............................. 27
Temporary Absence of Chairman................................ 28
Committee Records............................................ 28
Prohibition Against Proxy Voting............................. 29
Open Meetings and Hearings................................... 29
Quorum Requirements.......................................... 31
Limitation on Committee Sittings............................. 31
Calling and Questioning of Witnesses......................... 31
Hearing Procedures........................................... 32
Supplemental, Minority, or Additional Views.................. 32
Power to Sit and Act; Subpoena Power......................... 33
Audio and Visual Coverage of Committee Proceedings........... 33
Pay of Witnesses............................................. 35
Rule XIII. Calendars and Committee Reports....................... 35
Calendars.................................................... 35
Filing and Printing of Reports............................... 36
Content of Reports........................................... 37
Availability of Reports...................................... 39
Rule XVI. Motions and Amendments................................. 40
Motions...................................................... 40
Withdrawal................................................... 40
Question of Consideration.................................... 40
Precedence of Motions........................................ 40
Divisibility................................................. 41
Amendments................................................... 41
Germaneness.................................................. 41
Readings..................................................... 41
Rule XIX. Motions Following the Amendment Stage.................. 42
Previous Question............................................ 42
Recommit..................................................... 42
Reconsideration.............................................. 42
Rule XXI. Restrictions on Certain Bills.......................... 43
Reservation of Certain Points of Order....................... 43
General Appropriation Bills and Amendments................... 43
Transportation Obligation Limitations........................ 44
Appropriations on Legislative Bills.......................... 44
Tax and Tariff Measures and Amendments....................... 44
Passage of Tax Rate Increases................................ 44
Consideration of Retroactive Tax Rate Increases.............. 45
Designation of Public Works.................................. 45
Rule XXII. House and Senate Relations............................ 45
Rule XXVII. Statutory Limit on Public Debt....................... 46
=======================================================================
Part I
RULES OF THE COMMITTEE ON WAYS AND MEANS
U.S. HOUSE OF REPRESENTATIVES
108TH CONGRESS
=======================================================================
PART I
RULES OF THE COMMITTEE ON WAYS AND MEANS FOR THE 108th CONGRESS
Rule XI of the Rules of the House of Representatives,
provides in part:
* * * 1. (a)(1)(A) Except as provided in subdivision (B),
the Rules of the House are the rules of its committees and
subcommittees so far as applicable.
(B) A motion to recess from day to day, and a motion to
dispense with the first reading (in full) of a bill or
resolution, if printed copies are available, each shall be
privileged in committees and subcommittees and shall be decided
without debate.
(2) Each subcommittee is a part of its committee and is
subject to the authority and direction of that committee and to
its rules, so far as applicable. * * *
* * * 2. (a)(1) Each standing committee shall adopt written
rules governing its procedure. Such rules--
(A) shall be adopted in a meeting that is open to the
public unless the committee, in open session and with a quorum
present, determines by record vote that all or part of the
meeting on that day shall be closed to the public;
(B) may not be inconsistent with the Rules of the House or
with those provisions of law having the force and effect of
Rules of the House * * *.
In accordance with the foregoing, the Committee on Ways and
Means, on January 29, 2003, adopted the following as the Rules
of the Committee for the 108th Congress.
A. GENERAL
Rule 1. Application of Rules
Except where the terms ``full Committee'' and
``Subcommittee'' are specifically referred to, the following
rules shall apply to the Committee on Ways and Means and its
Subcommittees as well as to the respective Chairmen.
Rule 2. Meeting Date and Quorums
The regular meeting day of the Committee on Ways and Means
shall be on the second Wednesday of each month while the House
is in session. However, the Committee shall not meet on the
regularly scheduled meeting day if there is no business to be
considered.
A majority of the Committee constitutes a quorum for
business; provided however, that two Members shall constitute a
quorum at any regularly scheduled hearing called for the
purpose of taking testimony and receiving evidence. In
establishing a quorum for purposes of a public hearing, every
effort shall be made to secure the presence of at least one
Member each from the majority and the minority.
The Chairman of the Committee may call and convene, as he
considers necessary, additional meetings of the Committee for
the consideration of any bill or resolution pending before the
Committee or for the conduct of other Committee business. The
Committee shall meet pursuant to the call of the Chair.
Rule 3. Committee Budget
For each Congress, the Chairman, in consultation with the
Majority Members of the Committee, shall prepare a preliminary
budget. Such budget shall include necessary amounts for staff
personnel, travel, investigation, and other expenses of the
Committee. After consultation with the Minority Members, the
Chairman shall include an amount budgeted by Minority Members.
Thereafter, the Chairman shall combine such proposals into a
consolidated Committee budget, and shall present the same to
the Committee for its approval or other action. The Chairman
shall take whatever action is necessary to have the budget as
finally approved by the Committee duly authorized by the House.
After said budget shall have been adopted, no substantial
change shall be made in such budget unless approved by the
Committee.
Rule 4. Publication of Committee Documents
Any Committee or Subcommittee print, document, or similar
material prepared for public distribution shall either be
approved by the Committee or Subcommittee prior to distribution
and opportunity afforded for the inclusion of supplemental,
minority or additional views, or such document shall contain on
its cover the following disclaimer:
Prepared for the use of Members of the Committee on Ways
and Means by members of its staff. This document has not been
officially approved by the Committee and may not reflect the
views of its Members.
Any such print, document, or other material not officially
approved by the Committee or Subcommittee shall not include the
names of its Members, other than the name of the full Committee
Chairman or Subcommittee Chairman under whose authority the
document is released. Any such document shall be made available
to the full Committee Chairman and Ranking Minority Member not
less than 3 calendar days (excluding Saturdays, Sundays, and
legal holidays) prior to its public release.
The requirements of this rule shall apply only to the
publication of policy-oriented, analytical documents, and not
to the publication of public hearings, legislative documents,
documents which are administrative in nature or reports which
are required to be submitted to the Committee under public law.
The appropriate characterization of a document subject to this
rule shall be determined after consultation with the Minority.
Rule 5. Official Travel
Consistent with the primary expense resolution and such
additional expense resolution as may have been approved, the
provisions of this rule shall govern official travel of
Committee Members and Committee staff. Official travel to be
reimbursed from funds set aside for the full Committee for any
Member or any committee staff member shall be paid only upon
the prior authorization of the Chairman. Official travel may be
authorized by the Chairman for any Member and any committee
staff member in connection with the attendance of hearings
conducted by the Committee, its Subcommittees, or any other
Committee or Subcommittee of the Congress on matters relevant
to the general jurisdiction of the Committee, and meetings,
conferences, facility inspections, and investigations which
involve activities or subject matter relevant to the general
jurisdiction of the Committee. Before such authorization is
given, there shall be submitted to the Chairman in writing the
following:
(1) The purpose of the official travel;
(2) The dates during which the official travel is to
be made and the date or dates of the event for which
the official travel is being made;
(3) The location of the event for which the official
travel is to be made; and
(4) The names of Members and Committee staff seeking
authorization.
In the case of official travel of Members and staff of a
Subcommittee to hearings, meetings, conferences, facility
inspections and investigations involving activities or subject
matter under the jurisdiction of such Subcommittee prior
authorization must be obtained from the Subcommittee Chairman
and the full Committee Chairman. Such prior authorization shall
be given by the Chairman only upon the representation by the
applicable Subcommittee Chairman in writing setting forth those
items enumerated above.
Within 60 days of the conclusion of any official travel
authorized under this rule, there shall be submitted to the
full Committee Chairman a written report covering the
information gained as a result of the hearing, meeting,
conference, facility inspection or investigation attended
pursuant to such official travel.
Rule 6. Availability of Committee Records and Publications
The records of the Committee at the National Archives and
Records Administration shall be made available for public use
in accordance with Rule VII of the Rules of the House of
Representatives. The Chairman shall notify the Ranking Minority
Member of any decision, pursuant to clause 3(b)(3) or clause
4(b) of Rule VII, to withhold a record otherwise available, and
the matter shall be presented to the Committee for a
determination on the written request of any Member of the
Committee. The Committee shall, to the maximum extent feasible,
make its publications available in electronic form.
Rule 7. Websites
The minority shall be entitled to a separate website that
is linked to and accessible only from the full Committee's
website. For any website created under this policy, the Ranking
Minority Member is responsible for its content and must be
identified on the introductory page.
All Committee websites must comply with House Regulations.
The content of a committee website may not:
(1) Include personal, political, or campaign
information.
(2) Be directly linked or refer to websites created
or operated by campaign or any campaign related entity,
including political parties and campaign committees.
(3) Include grassroots lobbying or solicit support
for a Member's position.
(4) Generate, circulate, solicit or encourage signing
petitions.
(5) Include any advertisement for any private
individual, firm, or corporation, or imply in any
manner that the Government endorses or favors any
specific commercial product, commodity, or service.
B. SUBCOMMITTEES
Rule 8. Subcommittee Ratios and Jurisdiction
All matters referred to the Committee on Ways and Means
involving revenue measures, except those revenue measures
referred to Subcommittees under paragraphs 1, 2, 3, 4, 5, or 6
shall be considered by the full Committee and not in
Subcommittee. There shall be six standing Subcommittees as
follows: a Subcommittee on Trade; a Subcommittee on Oversight;
a Subcommittee on Health; a Subcommittee on Social Security; a
Subcommittee on Human Resources; and a Subcommittee on Select
Revenue Measures. The ratio of Republicans to Democrats on any
Subcommittee of the Committee shall be consistent with the
ratio of Republicans to Democrats on the full Committee.
1. The Subcommittee on Trade shall consist of 15 Members, 9
of whom shall be Republicans and 6 of whom shall be Democrats.
The jurisdiction of the Subcommittee on Trade shall include
bills and matters referred to the Committee on Ways and Means
that relate to customs and customs administration including
tariff and import fee structure, classification, valuation of
and special rules applying to imports, and special tariff
provisions and procedures which relate to customs operation
affecting exports and imports; import trade matters, including
import impact, industry relief from injurious imports,
adjustment assistance and programs to encourage competitive
responses to imports, unfair import practices including
antidumping and countervailing duty provisions, and import
policy which relates to dependence on foreign sources of
supply; commodity agreements and reciprocal trade agreements
including multilateral and bilateral trade negotiations and
implementation of agreements involving tariff and nontariff
trade barriers to and distortions of international trade;
international rules, organizations and institutional aspects of
international trade agreements; budget authorizations for the
U.S. Customs Service, the U.S. International Trade Commission,
and the U.S. Trade Representative; and special trade-related
problems involving market access, competitive conditions of
specific industries, export policy and promotion, access to
materials in short supply, bilateral trade relations including
trade with developing countries, operations of multinational
corporations, and trade with nonmarket economies.
2. The Subcommittee on Oversight shall consist of 13
Members, 8 of whom shall be Republicans and 5 of whom shall be
Democrats.
The jurisdiction of the Subcommittee on Oversight shall
include all matters within the scope of the full Committee's
jurisdiction but shall be limited to existing law. Said
oversight jurisdiction shall not be exclusive but shall be
concurrent with that of the other Subcommittees. With respect
to matters involving the Internal Revenue Code and other
revenue issues, said concurrent jurisdiction shall be shared
with the full Committee. Before undertaking any investigation
or hearing, the Chairman of the Subcommittee on Oversight shall
confer with the Chairman of the full Committee and the Chairman
of any other Subcommittee having jurisdiction.
3. The Subcommittee on Health shall consist of 13 Members,
8 of whom shall be Republicans and 5 of whom shall be
Democrats.
The jurisdiction of the Subcommittee on Health shall
include bills and matters referred to the Committee on Ways and
Means that relate to programs providing payments (from any
source) for health care, health delivery systems, or health
research. More specifically, the jurisdiction of the
Subcommittee on Health shall include bills and matters that
relate to the health care programs of the Social Security Act
(including titles V, XI (Part B), XVIII, and XIX thereof) and,
concurrent with the full Committee, tax credit and deduction
provisions of the Internal Revenue Code dealing with health
insurance premiums and health care costs.
4. The Subcommittee on Social Security shall consist of 13
Members, 8 of whom shall be Republicans and 5 of whom shall be
Democrats.
The jurisdiction of the Subcommittee on Social Security
shall include bills and matters referred to the Committee on
Ways and Means that relate to the Federal Old-Age, Survivors'
and Disability Insurance System, the Railroad Retirement
System, and employment taxes and trust fund operations relating
to those systems. More specifically, the jurisdiction of the
Subcommittee on Social Security shall include bills and matters
involving title II of the Social Security Act and Chapter 22 of
the Internal Revenue Code (the Railroad Retirement Tax Act), as
well as provisions in title VII and title XI of the Act
relating to procedure and administration involving the Old-Age,
Survivors' and Disability Insurance System.
5. The Subcommittee on Human Resources shall consist of 13
Members, 8 of whom shall be Republicans and 5 of whom shall be
Democrats.
The jurisdiction of the Subcommittee on Human Resources
shall include bills and matters referred to the Committee on
Ways and Means that relate to the public assistance provisions
of the Social Security Act including welfare reform,
supplemental security income, aid to families with dependent
children, social services, child support, eligibility of
welfare recipients for food stamps, and low-income energy
assistance. More specifically, the jurisdiction of the
Subcommittee on Human Resources shall include bills and matters
relating to titles I, IV, VI, X, XIV, XVI, XVII, XX and related
provisions of titles VII and XI of the Social Security Act.
The jurisdiction of the Subcommittee on Human Resources
shall also include bills and matters referred to the Committee
on Ways and Means that relate to the Federal-State system of
unemployment compensation, and the financing thereof, including
the programs for extended and emergency benefits. More
specifically, the jurisdiction of the Subcommittee on Human
Resources shall also include all bills and matters pertaining
to the programs of unemployment compensation under titles III,
IX and XII of the Social Security Act, Chapters 23 and 23A of
the Internal Revenue Code, the Federal-State Extended
Unemployment Compensation Act of 1970, the Emergency
Unemployment Compensation Act of 1974, and provisions relating
thereto.
6. The Subcommittee on Select Revenue Measures shall
consist of 13 Members, 8 of whom shall be Republicans and 5 of
whom shall be Democrats.
The jurisdiction of the Subcommittee on Select Revenue
Measures shall consist of those revenue measures that, from
time to time, shall be referred to it specifically by the
Chairman of the full Committee.
Rule 9. Ex-Officio Members of Subcommittees
The Chairman of the full Committee and the Ranking Minority
Member may sit as ex-officio Members of all Subcommittees. They
may be counted for purposes of assisting in the establishment
of a quorum for a Subcommittee. However, their absence shall
not count against the establishment of a quorum by the regular
Members of the Subcommittee. Ex-officio Members shall neither
vote in the Subcommittee nor be taken into consideration for
purposes of determining the ratio of the Subcommittee.
Rule 10. Subcommittee Meetings
Insofar as practicable, meetings of the full Committee and
its Subcommittees shall not conflict. Subcommittee Chairmen
shall set meeting dates after consultation with the Chairman of
the full Committee and other Subcommittee Chairmen with a view
toward avoiding, wherever possible, simultaneous scheduling of
full Committee and Subcommittee meetings or hearings.
Rule 11. Reference of Legislation and Subcommittee Reports
Except for bills or measures retained by the Chairman of
the full Committee for full Committee consideration, every bill
or other measure referred to the Committee shall be referred by
the Chairman of the full Committee to the appropriate
Subcommittee in a timely manner. A Subcommittee shall, within 3
legislative days of the referral, acknowledge same to the full
Committee.
After a measure has been pending in a Subcommittee for a
reasonable period of time, the Chairman of the full Committee
may make a request in writing to the Subcommittee that the
Subcommittee forthwith report the measure to the full Committee
with its recommendations. If within 7 legislative days after
the Chairman's written request, the Subcommittee has not so
reported the measure, then there shall be in order in the full
Committee a motion to discharge the Subcommittee from further
consideration of the measure. If such motion is approved by a
majority vote of the full Committee, the measure may thereafter
be considered only by the full Committee.
No measure reported by a Subcommittee shall be considered
by the full Committee unless it has been presented to all
Members of the full Committee at least 2 legislative days prior
to the full Committee's meeting, together with a comparison
with present law, a section-by-section analysis of the proposed
change, a section-by-section justification, and a draft
statement of the budget effects of the measure that is
consistent with the requirements for reported measures under
clause 3(d)(2) of Rule XIII of the Rules of the House of
Representatives.
Rule 12. Recommendation for Appointment of Conferees
Whenever in the legislative process it becomes necessary to
appoint conferees, the Chairman of the full Committee shall
recommend to the Speaker as conferees the names of those
Committee Members as the Chairman may designate. In making
recommendations of Minority Members as conferees, the Chairman
shall consult with the Ranking Minority Member of the
Committee.
C. HEARINGS
Rule 13. Witnesses
In order to assure the most productive use of the limited
time available to question hearing witnesses, a witness who is
scheduled to appear before the full Committee or a Subcommittee
shall file with the Clerk of the Committee at least 48 hours in
advance of his appearance a written statement of his proposed
testimony. In addition, all witnesses shall comply with
formatting requirements as specified by the Committee and the
Rules of the House. Failure to comply with the 48-hour rule may
result in a witness being denied the opportunity to testify in
person. Failure to comply with the formatting requirements may
result in a witness' statement being rejected for inclusion in
the published hearing record. In addition to the requirements
of clause 2(g)(4) of Rule XI, of the Rules of the House,
regarding information required of public witnesses, a witness
shall limit his oral presentation to a summary of his position
and shall provide sufficient copies of his written statement to
the Clerk for distribution to Members, staff and news media.
A witness appearing at a public hearing, or submitting a
statement for the record of a public hearing, or submitting
written comments in response to a published request for
comments by the Committee must include on his statement or
submission a list of all clients, persons, or organizations on
whose behalf the witness appears. Oral testimony and statements
for the record, or written comments in response to a request
for comments by the Committee, will be accepted only from
citizens of the United States or corporations or associations
organized under the laws of one of the 50 States of the United
States or the District of Columbia, unless otherwise directed
by the Chairman of the full Committee or Subcommittee involved.
Written statements from non-citizens may be considered for
acceptance in the record if transmitted to the Committee in
writing by Members of Congress.
Rule 14. Questioning of Witnesses
Committee Members may question witnesses only when
recognized by the Chairman for that purpose. All Members shall
be limited to 5 minutes on the initial round of questioning. In
questioning witnesses under the 5-minute rule, the Chairman and
the Ranking Minority Member shall be recognized first after
which Members who are in attendance at the beginning of a
hearing will be recognized in the order of their seniority on
the Committee. Other Members shall be recognized in the order
of their appearance at the hearing. In recognizing Members to
question witnesses, the Chairman may take into consideration
the ratio of Majority Members to Minority Members and the
number of Majority and Minority Members present and shall
apportion the recognition for questioning in such a manner as
not to disadvantage Members of the majority.
Rule 15. Subpoena Power
The power to authorize and issue subpoenas is delegated to
the Chairman of the full Committee, as provided for under
clause 2(m)(3)(A)(i) of Rule XI of the House of
Representatives.
Rule 16. Records of Hearings
An accurate stenographic record shall be kept of all
testimony taken at a public hearing. The staff shall transmit
to a witness the transcript of his testimony for correction and
immediate return to the Committee offices. Only changes in the
interest of clarity, accuracy and corrections in transcribing
errors will be permitted. Changes that substantially alter the
actual testimony will not be permitted. Members shall correct
their own testimony and return transcripts as soon as possible
after receipt thereof. The Chairman of the full Committee may
order the printing of a hearing without the corrections of a
witness or Member if he determines that a reasonable time has
been afforded to make corrections and that further delay would
impede the consideration of the legislation or other measure
that is the subject of the hearing.
Rule 17. Broadcasting of Hearings
The provisions of clause 4(f) of Rule XI of the Rules of
the House of Representatives are specifically made a part of
these rules by reference. In addition, the following policy
shall apply to media coverage of any meeting of the full
Committee or a Subcommittee:
(1) An appropriate area of the Committee's hearing
room will be designated for members of the media and
their equipment.
(2) No interviews will be allowed in the Committee
room while the Committee is in session. Individual
interviews must take place before the gavel falls for
the convening of a meeting or after the gavel falls for
adjournment.
(3) Day-to-day notification of the next day's
electronic coverage shall be provided by the media to
the Chairman of the full Committee through an
appropriate designee.
(4) Still photography during a Committee meeting will
not be permitted to disrupt the proceedings or block
the vision of Committee Members or witnesses.
(5) Further conditions may be specified by the
Chairman.
D. MARKUPS
Rule 18. Reconsideration of Previous Vote
When an amendment or other matter has been disposed of, it
shall be in order for any Member of the prevailing side, on the
same or next day on which a quorum of the Committee is present,
to move the reconsideration thereof, and such motion shall take
precedence over all other questions except the consideration of
a motion to adjourn.
Rule 19. Previous Question
The Chairman shall not recognize a Member for the purpose
of moving the previous question unless the Member has first
advised the Chair and the Committee that this is the purpose
for which recognition is being sought.
Rule 20. Postponement of Proceedings
The Chairman may postpone further proceedings when a record
vote is ordered on the question of approving any measure or
matter or adopting an amendment.
The Chairman may resume proceedings on a postponed request
at any time. In exercising postponement authority the Chairman
shall take reasonable steps to notify members on the resumption
of proceedings on any postponed record vote.
When proceedings resume on a postponed question,
notwithstanding any intervening order for the previous
question, an underlying proposition shall remain subject to
further debate or amendment to the same extent as when the
question was postponed.
Rule 21. Official Transcripts of Markups and Other Committee Meetings
An official stenographic transcript shall be kept
accurately reflecting all markups and other meetings of the
full Committee and the Subcommittees, whether they be open or
closed to the public. This official transcript, marked as
``uncorrected,'' shall be available for inspection by the
public (except for meetings closed pursuant to clause 2(g)(1)
of Rule XI of the Rules of the House), by Members of the House,
or by Members of the Committee together with their staffs,
during normal business hours in the full Committee or
Subcommittee office under such controls as the Chairman of the
full Committee deems necessary. Official transcripts shall not
be removed from the Committee or Subcommittee office. If,
however, (1) in the drafting of a Committee or Subcommittee
decision, the Office of the House Legislative Counsel or (2) in
the preparation of a Committee report, the Chief of Staff of
the Joint Committee on Taxation determines (in consultation
with appropriate majority and minority committee staff) that it
is necessary to review the official transcript of a markup,
such transcript may be released upon the signature and to the
custody of an appropriate committee staff person. Such
transcript shall be returned immediately after its review in
the drafting session.
The official transcript of a markup or Committee meeting
other than a public hearing shall not be published or
distributed to the public in any way except by a majority vote
of the Committee. Before any public release of the uncorrected
transcript, Members must be given a reasonable opportunity to
correct their remarks. In instances in which a stenographic
transcript is kept of a conference committee proceeding, all of
the requirements of this rule shall likewise be observed.
Rule 22. Publication of Decisions and Legislative Language
A press release describing any tentative or final decision
made by the full Committee or a Subcommittee on legislation
under consideration shall be made available to each Member of
the Committee as soon as possible, but no later than the next
day. However, the legislative draft of any tentative or final
decision of the full Committee or a Subcommittee shall not be
publicly released until such draft is made available to each
Member of the Committee.
E. STAFF
Rule 23. Supervision of Committee Staff
The staff of the Committee shall be under the general
supervision and direction of the Chairman of the full Committee
except as provided in clause 9 of Rule X of the Rules of the
House of Representatives concerning Committee expenses and
staff.
Pursuant to clause 6(d) of Rule X of the Rules of the House
of Representatives, the Chairman of the full Committee, from
the funds made available for the appointment of Committee staff
pursuant to primary and additional expense resolutions, shall
ensure that each Subcommittee receives sufficient staff to
carry out its responsibilities under the rules of the
Committee, and that the minority party is fairly treated in the
appointment of such staff.
Rule 24. Staff Honoraria, Speaking Engagements, and Unofficial Travel
This rule shall apply to all majority and minority staff of
the Committee and its Subcommittees.
a. Honoraria.--Under no circumstances shall a staff person
accept the offer of an honorarium. This prohibition includes
the direction of an honorarium to a charity.
b. Speaking engagements and unofficial travel.--
(1) Advance approval required.--In the case of all speaking
engagements, fact-finding trips, and other unofficial travel, a
staff person must receive approval by the full Committee
Chairman (or, in the case of the minority staff, from the
Ranking Minority Member) at least 7 calendar days prior to the
event.
(2) Request for approval.--A request for approval must be
submitted in writing to the full Committee Chairman (or, where
appropriate, the Ranking Minority Member) in connection with
each speaking engagement, fact-finding trip, or other
unofficial travel. Such request must contain the following
information:
(a) the name of the sponsoring organization and a general
description of such organization (nonprofit organization, trade
association, etc.);
(b) the nature of the event, including any relevant
information regarding attendees at such event;
(c) in the case of a speaking engagement, the subject of
the speech and duration of staff travel, if any; and
(d) in the case of a fact-finding trip or international
travel, a description of the proposed itinerary and proposed
agenda of substantive issues to be discussed, as well as a
justification of the relevance and importance of the fact-
finding trip or international travel to the staff member's
official duties.
(3) Reasonable travel and lodging expenses.--After receipt
of the advance approval described in (1) above, a staff person
may accept reimbursement by an appropriate sponsoring
organization of reasonable travel and lodging expenses
associated with a speaking engagement, fact-finding trip, or
international travel related to official duties, provided such
reimbursement is consistent with the Rules of the House of
Representatives. (In lieu of reimbursement after the event,
expenses may be paid directly by an appropriate sponsoring
organization.) The reasonable travel and lodging expenses of a
spouse (but not children) may be reimbursed (or directly paid)
by an appropriate sponsoring organization consistent with the
Rules of the House of Representatives.
(4) Trip summary and report.--In the case of any
reimbursement or direct payment associated with a fact-finding
trip or international travel, a staff person must submit,
within 60 days after such trip, a report summarizing the trip
and listing all expenses reimbursed or directly paid by the
sponsoring organization. This information shall be submitted to
the Chairman (or, in the case of the minority staff, to the
Ranking Minority Member).
c. Waiver.--The Chairman (or, where appropriate, the
Ranking Minority Member) may waive the application of section
(b) of this rule upon a showing of good cause.
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Part II
SELECTED RULES OF THE HOUSE OF REPRESENTATIVES
Part II of the Manual of Rules of the Committee on Ways and
Means consists of selected Rules of the House of
Representatives, which are also part of the Committee's rules
and which affect its organization, administration, and
operation. The rules cited herein are not exclusive of other
rules of the House of Representatives applicable to the
Committee, but rather are considered to be some of the more
important rules to which frequent reference is made.
=======================================================================
SELECTED RULES OF THE HOUSE OF REPRESENTATIVES
Rule VII. Records of the House
Archiving
1. (a) At the end of each Congress, the chairman of each
committee shall transfer to the Clerk any noncurrent records of
such committee, including the subcommittees thereof.
(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 paragraph (b), clause 4, and any order of the House.
(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.
(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.
(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.
(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 chairman and ranking minority member of
the Committee on House Administration of any such
determination.
(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.
(b) The Committee on House Administration may prescribe
guidelines and regulations governing the applicability and
implementation of this rule.
(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. 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),
including--
(a) 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);
* * * * * * *
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: * * *
(s) Committee on Ways and Means.
(1) Customs, collection districts, and ports of entry and
delivery.
(2) Reciprocal trade agreements.
(3) Revenue measures generally.
(4) Revenue measures relating to insular possessions.
(5) Bonded debt of the United States, subject to the last
sentence of clause 4(f).
(6) Deposit of public monies.
(7) Transportation of dutiable goods.
(8) Tax exempt foundations and charitable trusts.
(9) National social security (except health care and
facilities programs that are supported from general revenues as
opposed to payroll deductions and except work incentive
programs).
General Oversight Responsibilities
2. (a) The various standing committees shall have general
oversight responsibilities as provided in paragraph (b) in
order to assist the House in--
(1) its analysis, appraisal, and evaluation of--
(A) the application, administration, execution, and
effectiveness of Federal laws; and
(B) conditions and circumstances that may indicate the
necessity or desirability of enacting new or additional
legislation; and
(2) its formulation, consideration, and enactment of
changes in Federal laws, and of such additional legislation as
may be necessary or appropriate.
(b)(1) In order to determine whether laws and programs
addressing subjects within the jurisdiction of a committee are
being implemented and carried out in accordance with the intent
of Congress and whether they should be continued, curtailed, or
eliminated, each standing committee (other than the Committee
on Appropriations) shall review and study on a continuing
basis--
(A) the application, administration, execution, and
effectiveness of laws and programs addressing subjects within
its jurisdiction;
(B) the organization and operation of Federal agencies and
entities having responsibilities for the administration and
execution of laws and programs addressing subjects within its
jurisdiction;
(C) any conditions or circumstances that may indicate the
necessity or desirability of enacting new or additional
legislation addressing subjects within its jurisdiction
(whether or not a bill or resolution has been introduced with
respect thereto); and
(D) future research and forecasting on subjects within its
jurisdiction.
(2) Each committee to which subparagraph (1) applies having
more than 20 members shall establish an oversight subcommittee,
or require its subcommittees to conduct oversight in their
respective jurisdictions, to assist in carrying out its
responsibilities under this clause. The establishment of an
oversight subcommittee does not limit the responsibility of a
subcommittee with legislative jurisdiction in carrying out its
oversight responsibilities.
(c) Each standing committee shall review and study on a
continuing basis the impact or probable impact of tax policies
affecting subjects within its jurisdiction as described in
clauses 1 and 3.
(d)(1) Not later than February 15 of the first session of a
Congress, each standing committee shall, in a meeting that is
open to the public and with a quorum present, adopt its
oversight plan for that Congress. Such plan shall be submitted
simultaneously to the Committee on Government Reform and to the
Committee on House Administration. In developing its plan each
committee shall, to the maximum extent feasible--
(A) consult with other committees that have jurisdiction
over the same or related laws, programs, or agencies within its
jurisdiction with the objective of ensuring maximum
coordination and cooperation among committees when conducting
reviews of such laws, programs, or agencies and include in its
plan an explanation of steps that have been or will be taken to
ensure such coordination and cooperation;
(B) review specific problems with Federal rules,
regulations, statutes, and court decisions that are ambiguous,
arbitrary, or nonsensical, or that impose severe financial
burdens on individuals;
(C) give priority consideration to including in its plan
the review of those laws, programs, or agencies operating under
permanent budget authority or permanent statutory authority;
and
(D) have a view toward ensuring that all significant laws,
programs, or agencies within its jurisdiction are subject to
review every 10 years.
(2) Not later than March 31 in the first session of a
Congress, after consultation with the Speaker, the Majority
Leader, and the Minority Leader, the Committee on Government
Reform shall report to the House the oversight plans submitted
by committees together with any recommendations that it, or the
House leadership group described above, may make to ensure the
most effective coordination of oversight plans and otherwise to
achieve the objectives of this clause.
(e) The Speaker, with the approval of the House, may
appoint special ad hoc oversight committees for the purpose of
reviewing specific matters within the jurisdiction of two or
more standing committees.
Special Oversight Functions
3. * * *
(f) The Committee on International Relations shall review
and study on a continuing basis laws, programs, and Government
activities relating to customs administration, intelligence
activities relating to foreign policy, international financial
and monetary organizations, and international fishing
agreements.
* * * * * * *
Additional Functions of Committees
4. * * *
(b) The Committee on the Budget shall--* * *
(6) request and evaluate continuing studies of tax
expenditures, devise methods of coordinating tax expenditures,
policies, and programs with direct budget outlays, and report
the results of such studies to the House on a recurring basis.
* * * * * * *
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--
(A) its views and estimates with respect to all matters to
be set forth in the concurrent resolution on the budget for the
ensuing fiscal year that are within its jurisdiction or
functions; and
(B) an estimate of the total amounts of new budget
authority, and budget outlays resulting therefrom, to be
provided or authorized in all bills and resolutions within its
jurisdiction that it intends to be effective during that fiscal
year.
(2) The views and estimates submitted by the Committee on
Ways and Means under subparagraph (1) shall include a specific
recommendation, made after holding public hearings, as to the
appropriate level of the public debt that should be set forth
in the concurrent resolution on the budget.
* * * * * * *
Election and Membership of Standing Committees
5. * * *
(2)(A) The Committee on the Budget shall be composed of
members as follows:
(i) Members, Delegates, or the Resident Commissioner who
are members of other standing committees, including five who
are members of the Committee on Appropriations and five who are
members of the Committee on Ways and Means;
* * * * * * *
Expense Resolutions
6. (a) Whenever a committee, commission, or other entity
(other than the Committee on Appropriations) is granted
authorization for the payment of its expenses (including staff
salaries) for a Congress, such authorization initially shall be
procured by one primary expense resolution reported by the
Committee on House Administration. A primary expense resolution
may include a reserve fund for unanticipated expenses of
committees.
An amount from such a reserve fund may be allocated to a
committee only by the approval of the Committee on House
Administration. A primary expense resolution reported to the
House may not be considered in the House unless a printed
report thereon was available on the previous calendar day. For
the information of the House, such report shall--
(1) state the total amount of the funds to be provided to
the committee, commission, or other entity under the primary
expense resolution for all anticipated activities and programs
of the committee, commission, or other entity; and
(2) to the extent practicable, contain such general
statements regarding the estimated foreseeable expenditures for
the respective anticipated activities and programs of the
committee, commission, or other entity as may be appropriate to
provide the House with basic estimates of the expenditures
contemplated by the primary expense resolution.
(b) After the date of adoption by the House of a primary
expense resolution for a committee, commission, or other entity
for a Congress, authorization for the payment of additional
expenses (including staff salaries) in that Congress may be
procured by one or more supplemental expense resolutions
reported by the Committee on House Administration, as
necessary. A supplemental expense resolution reported to the
House may not be considered in the House unless a printed
report thereon was available on the previous calendar day. For
the information of the House, such report shall--
(1) state the total amount of additional funds to be
provided to the committee, commission, or other entity under
the supplemental expense resolution and the purposes for which
those additional funds are available; and
(2) state the reasons for the failure to procure the
additional funds for the committee, commission, or other entity
by means of the primary expense resolution.
(c) The preceding provisions of this clause do not apply
to--
(1) a resolution providing for the payment from committee
salary and expense accounts of the House of sums necessary to
pay compensation for staff services performed for, or to pay
other expenses of, a committee, commission, or other entity at
any time after the beginning of an odd-numbered year and before
the date of adoption by the House of the primary expense
resolution described in paragraph (a) for that year; or
(2) a resolution providing each of the standing committees
in a Congress additional office equipment, airmail and special-
delivery postage stamps, supplies, staff personnel, or any
other specific item for the operation of the standing
committees, and containing an authorization for the payment
from committee salary and expense accounts of the House of the
expenses of any of the foregoing items provided by that
resolution, subject to and until enactment of the provisions of
the resolution as permanent law.
(d) From the funds made available for the appointment of
committee staff by a primary or additional expense resolution,
the chairman of each committee shall ensure that sufficient
staff is made available to each subcommittee to carry out its
responsibilities under the rules of the committee and that the
minority party is treated fairly in the appointment of such
staff.
(e) Funds authorized for a committee under this clause and
clauses 7 and 8 are for expenses incurred in the activities of
the committee.
Interim Funding
7. (a) For the period beginning at noon on January 3 and
ending at midnight on March 31 in each odd-numbered year, such
sums as may be necessary shall be paid out of the committee
salary and expense accounts of the House for continuance of
necessary investigations and studies by--
(1) each standing and select committee established by these
rules; and
(2) except as specified in paragraph (b), each select
committee established by resolution.
(b) In the case of the first session of a Congress, amounts
shall be made available under this paragraph for a select
committee established by resolution in the preceding Congress
only if--
(1) a resolution proposing to reestablish such select
committee is introduced in the present Congress; and
(2) the House has not adopted a resolution of the preceding
Congress providing for termination of funding for
investigations and studies by such select committee.
(c) Each committee described in paragraph (a) shall be
entitled for each month during the period specified in
paragraph (a) to 9 percent (or such lesser percentage as may be
determined by the Committee on House Administration) of the
total annualized amount made available under expense
resolutions for such committee in the preceding session of
Congress.
(d) Payments under this paragraph shall be made on vouchers
authorized by the committee involved, signed by the chairman 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
paragraph shall be made on vouchers signed by--
(1) the member of the committee who served as chairman of
the committee at the expiration of the preceding Congress; or
(2) if the chairman is not a Member, Delegate, or Resident
Commissioner in the present Congress, then the ranking member
of the committee as it was constituted at the expiration of the
preceding Congress who is a member of the majority party in the
present Congress.
(f)(1) The authority of a committee to incur expenses under
this paragraph shall expire upon adoption by the House of a
primary expense resolution for the committee.
(2) Amounts made available under this paragraph shall be
expended in accordance with regulations prescribed by the
Committee on House Administration.
(3) This clause shall be effective only insofar as it is
not inconsistent with a resolution reported by the Committee on
House Administration and adopted by the House after the
adoption of these rules.
Travel
8. (a) Local currencies owned by the United States shall be
made available to the committee and its employees engaged in
carrying out their official duties outside the United States or
its territories or possessions. Appropriated funds, including
those authorized under this clause and clauses 6 and 8, may not
be expended for the purpose of defraying expenses of members of
a committee or its employees in a country where local
currencies are available for this purpose.
(b) The following conditions shall apply with respect to
travel outside the United States or its territories or
possessions:
(1) A member or employee of a committee may not receive or
expend local currencies for subsistence in a country for a day
at a rate in excess of the maximum per diem set forth in
applicable Federal law.
(2) A member or employee shall be reimbursed for his
expenses for a day at the lesser of--
(A) the per diem set forth in applicable Federal law; or
(B) the actual, unreimbursed expenses (other than for
transportation) he incurred during that day.
(3) Each member or employee of a committee shall make to
the chairman 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 chairman of
the committee not later than 60 days following the completion
of travel for use in complying with reporting requirements in
applicable Federal law and shall be open for public inspection.
(c)(1) In carrying out the activities of a committee
outside the United States in a country where local currencies
are unavailable, a member or employee of a committee may not
receive reimbursement for expenses (other than for
transportation) in excess of the maximum per diem set forth in
applicable Federal law.
(2) A member or employee shall be reimbursed for his
expenses for a day, at the lesser of--
(A) the per diem set forth in applicable Federal law; or
(B) the actual unreimbursed expenses (other than for
transportation) he incurred during that day.
(3) A member or employee of a committee may not receive
reimbursement for the cost of any transportation in connection
with travel outside the United States unless the member or
employee actually paid for the transportation.
(d) The restrictions respecting travel outside the United
States set forth in paragraph (c) also shall apply to travel
outside the United States by a Member, Delegate, Resident
Commissioner, officer, or employee of the House authorized
under any standing rule.
Committee Staffs
9. (a)(1) Subject to subparagraph (2) and paragraph (f),
each standing committee may appoint, by majority vote, not more
than 30 professional staff members to be compensated from the
funds provided for the appointment of committee staff by
primary and additional expense resolutions. Each professional
staff member appointed under this subparagraph shall be
assigned to the chairman and the ranking minority member of the
committee, as the committee considers advisable.
(2) Subject to paragraph (f) whenever a majority of the
minority party members of a standing committee (other than the
Committee on Standards of Official Conduct 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 each standing
committee--
(A) may not engage in any work other than committee
business during congressional working hours; and
(B) may not be assigned a duty other than one pertaining to
committee business.
(2)(A) Subparagraph (1) does not apply to staff designated
by a committee as ``associate'' or ``shared'' staff who are not
paid exclusively by the committee, provided that the chairman
certifies that the compensation paid by the committee for any
such staff is commensurate with the work performed for the
committee in accordance with clause 8 of rule XXIII.
(B) The use of any ``associate'' or ``shared'' staff by a
committee other than the Committee on Appropriations shall be
subject to the review of, and to any terms, conditions, or
limitations established by, the Committee on House
Administration in connection with the reporting of any primary
or additional expense resolution.
(c) Each employee on the professional or investigative
staff of a standing committee shall be entitled to pay at a
single gross per annum rate, to be fixed by the chairman 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(i)(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 paragraph (a) of
clause 6, 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) Except as provided in subdivision (B), the
Rules of the House are the rules of its committees and
subcommittees so far as applicable.
(B) A motion to recess from day to day, and a motion to
dispense with the first reading (in full) of a bill or
resolution, if printed copies are available, each shall be
privileged in committees and subcommittees and shall be decided
without debate.
(2) 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.
(b)(1) Each committee may conduct at any time such
investigations and studies as it considers necessary or
appropriate in the exercise of its responsibilities under rule
X. Subject to the adoption of expense resolutions as required
by clause 6 of rule X, each committee may incur expenses,
including travel expenses, in connection with such
investigations and studies.
(2) A proposed investigative or oversight report shall be
considered as read in committee if it has been available to the
members for at least 24 hours (excluding Saturdays, Sundays, or
legal holidays except when the House is in session on such a
day).
(3) A report of an investigation or study conducted jointly
by more than one committee may be filed jointly, provided that
each of the committees complies independently with all
requirements for approval and filing of the report.
(4) After an adjournment sine die of the last regular
session of a Congress, an investigative or oversight report may
be filed with the Clerk at any time, provided that a member who
gives timely notice of intention to file supplemental,
minority, or additional views shall be entitled to not less
than seven calendar days in which to submit such views for
inclusion in the report.
(c) Each committee may have printed and bound such
testimony and other data as may be presented at hearings held
by the committee or its subcommittees. All costs of
stenographic services and transcripts in connection with a
meeting or hearing of a committee shall be paid from the
applicable accounts of the House described in clause 1(i)(1) of
rule X.
(d)(1) Each committee shall submit to the House not later
than January 2 of each odd-numbered year a report on the
activities of that committee under this rule and rule X during
the Congress ending at noon on January 3 of such year.
(2) Such report shall include separate sections summarizing
the legislative and oversight activities of that committee
during that Congress.
(3) The oversight section of such report shall include a
summary of the oversight plans submitted by the committee under
clause 2(d) of rule X, a summary of the actions taken and
recommendations made with respect to each such plan, a summary
of any additional oversight activities undertaken by that
committee, and any recommendations made or actions taken
thereon.
(4) After an adjournment sine die of the last regular
session of a Congress, the chairman of a committee may file an
activities report under subparagraph (1) with the Clerk at any
time and without approval of the committee, provided that--
(A) a copy of the report has been available to each member
of the committee for at least seven calendar days; and
(B) the report includes any supplemental, minority, or
additional views submitted by a member of the committee.
Adoption of Written Rules
2. (a)(1) Each standing committee shall adopt written rules
governing its procedure. Such rules--
(A) shall be adopted in a meeting that is open to the
public unless the committee, in open session and with a quorum
present, determines by record vote that all or part of the
meeting on that day shall be closed to the public;
(B) may not be inconsistent with the Rules of the House or
with those provisions of law having the force and effect of
Rules of the House; and
(C) shall in any event incorporate all of the succeeding
provisions of this clause to the extent applicable.
(2) Each committee shall submit its rules for publication
in the Congressional Record not later than 30 days after the
committee is elected in each odd-numbered year.
Regular Meeting Days
(b) Each standing committee shall establish regular meeting
days for the conduct of its business, which shall be not less
frequent than monthly. Each such committee shall meet for the
consideration of a bill or resolution pending before the
committee or the transaction of other committee business on all
regular meeting days fixed by the committee unless otherwise
provided by written rule adopted by the committee.
Additional and Special Meetings
(c)(1) The chairman of each standing committee may call and
convene, as he considers necessary, additional and special
meetings of the committee for the consideration of a bill or
resolution pending before the committee or for the conduct of
other committee business, subject to such rules as the
committee may adopt. The committee shall meet for such purpose
under that call of the chairman.
(2) Three or more members of a standing committee may file
in the offices of the committee a written request that the
chairman call a special meeting of the committee. Such request
shall specify the measure or matter to be considered.
Immediately upon the filing of the request, the clerk of the
committee shall notify the chairman of the filing of the
request. If the chairman does not call the requested special
meeting within three calendar days after the filing of the
request (to be held within seven calendar days after the filing
of the request) a majority of the members of the committee may
file in the offices of the committee their written notice that
a special meeting of the committee will be held. The written
notice shall specify the date and hour of the special meeting
and the measure or matter to be considered. The committee shall
meet on that date and hour. Immediately upon the filing of the
notice, the clerk of the committee shall notify all members of
the committee that such special meeting will be held and inform
them of its date and hour and the measure or matter to be
considered. Only the measure or matter specified in that notice
may be considered at that special meeting.
Temporary Absence of Chairman
(d) A member of the majority party on each standing
committee or subcommittee thereof shall be designated by the
chairman of the full committee as the vice chairman of the
committee or subcommittee, as the case may be, and shall
preside during the absence of the chairman from any meeting. If
the chairman and vice chairman of a committee or subcommittee
are not present at any meeting of the committee or
subcommittee, the ranking majority member who is present shall
preside at that meeting.
Committee Records
(e)(1)(A) Each committee shall keep a complete record of
all committee action which shall include--
(i) in the case of a meeting or hearing transcript, a
substantially verbatim account of remarks actually made during
the proceedings, subject only to technical, grammatical, and
typographical corrections authorized by the person making the
remarks involved; and
(ii) a record of the votes on any question on which a
record vote is demanded.
(B)(i) Except as provided in subdivision (B)(ii) and
subject to paragraph (k)(7), the result of each such record
vote shall be made available by the committee for inspection by
the public at reasonable times in its offices. Information so
available for public inspection shall include a description of
the amendment, motion, order, or other proposition, the name of
each member voting for and each member voting against such
amendment, motion, order, or proposition, and the names of
those members of the committee present but not voting.
(ii) The result of any record vote taken in executive
session in the Committee on Standards of Official Conduct may
not be made available for inspection by the public without an
affirmative vote of a majority of the members of the committee.
(2)(A) Except as provided in subdivision (B), all committee
hearings, records, data, charts, and files shall be kept
separate and distinct from the congressional office records of
the member serving as its chairman. Such records shall be the
property of the House, and each Member, Delegate, and the
Resident Commissioner shall have access thereto.
(B) A Member, Delegate, or Resident Commissioner, other
than members of the Committee on Standards of Official Conduct,
may not have access to the records of that committee respecting
the conduct of a Member, Delegate, Resident Commissioner,
officer, or employee of the House without the specific prior
permission of that committee.
(3) Each committee shall include in its rules standards for
availability of records of the committee delivered to the
Archivist of the United States under rule VII. Such standards
shall specify procedures for orders of the committee under
clause 3(b)(3) and clause 4(b) of rule VII, including a
requirement that nonavailability of a record for a period
longer than the period otherwise applicable under that rule
shall be approved by vote of the committee.
(4) Each committee shall make its publications available in
electronic form to the maximum extent feasible.
Prohibition Against Proxy Voting
(f) A vote by a member of a committee or subcommittee with
respect to any measure or matter may not be cast by proxy.
Open Meetings and Hearings
(g)(1) Each meeting for the transaction of business,
including the markup of legislation, by a standing committee or
subcommittee thereof (other than the Committee on Standards of
Official Conduct or its subcommittee) shall be open to the
public, including to radio, television, and still photography
coverage, except when the committee or subcommittee, in open
session and with a majority present, determines by record vote
that all or part of the remainder of the meeting on that day
shall be in executive session because disclosure of matters to
be considered would endanger national security, would
compromise sensitive law enforcement information, would tend to
defame, degrade, or incriminate any person, or otherwise would
violate a law or rule of the House. Persons, other than members
of the committee and such noncommittee Members, Delegates,
Resident Commissioner, congressional staff, or departmental
representatives as the committee may authorize, may not be
present at a business or markup session that is held in
executive session. This subparagraph does not apply to open
committee hearings, which are governed by clause 4(a)(1) of
rule X or by subparagraph (2).
(2)(A) Each hearing conducted by a committee or
subcommittee (other than the Committee on Standards of Official
Conduct or its subcommittees) shall be open to the public,
including to radio, television, and still photography coverage,
except when the committee or subcommittee, in open session and
with a majority present, determines by record vote that all or
part of the remainder of that hearing on that day shall be
closed to the public because disclosure of testimony, evidence,
or other matters to be considered would endanger national
security, would compromise sensitive law enforcement
information, or would violate a law or rule of the House.
(B) Notwithstanding the requirements of subdivision (A), in
the presence of the number of members required under the rules
of the committee for the purpose of taking testimony, a
majority of those present may--
(i) agree to close the hearing for the sole purpose of
discussing whether testimony or evidence to be received would
endanger national security, would compromise sensitive law
enforcement information, or would violate clause 2(k)(5); or
(ii) agree to close the hearing as provided in clause
2(k)(5).
(C) A Member, Delegate, or Resident Commissioner may not be
excluded from nonparticipatory attendance at a hearing of a
committee or subcommittee (other than the Committee on
Standards of Official Conduct or its subcommittees) unless the
House by majority vote authorizes a particular committee or
subcommittee, for purposes of a particular series of hearings
on a particular article of legislation or on a particular
subject of investigation, to close its hearings to Members,
Delegates, and the Resident Commissioner by the same procedures
specified in this subparagraph for closing hearings to the
public.
(D) The committee or subcommittee may vote by the same
procedure described in this subparagraph to close one
subsequent day of hearing, except that the Committee on
Appropriations, the Committee on Armed Services, and the
Permanent Select Committee on Intelligence, and the
subcommittees thereof, may vote by the same procedure to close
up to five additional, consecutive days of hearings.
(3) The chairman of each committee (other than the
Committee on Rules) shall make public announcement of the date,
place, and subject matter of a committee hearing at least one
week before the commencement of the hearing. If the chairman of
the committee, with the concurrence of the ranking minority
member, determines that there is good cause to begin a hearing
sooner, or if the committee so determines by majority vote in
the presence of the number of members required under the rules
of the committee for the transaction of business, the chairman
shall make the announcement at the earliest possible date. An
announcement made under this subparagraph shall be published
promptly in the Daily Digest and made available in electronic
form.
(4) Each committee shall, to the greatest extent
practicable, require witnesses who appear before it to submit
in advance written statements of proposed testimony and to
limit their initial presentations to the committee to brief
summaries thereof. In the case of a witness appearing in a
nongovernmental capacity, a written statement of proposed
testimony shall include a curriculum vitae and a disclosure of
the amount and source (by agency and program) of each Federal
grant (or subgrant thereof) or contract (or subcontract
thereof) received during the current fiscal year or either of
the two previous fiscal years by the witness or by an entity
represented by the witness.
(5)(A) Except as provided in subdivision (B), a point of
order does not lie with respect to a measure reported by a
committee on the ground that hearings on such measure were not
conducted in accordance with this clause.
(B) A point of order on the ground described in subdivision
(A) may be made by a member of the committee that reported the
measure if such point of order was timely made and improperly
disposed of in the committee.
(6) This paragraph does not apply to hearings of the
Committee on Appropriations under clause 4(a)(1) of rule X.
Quorum Requirements
(h)(1) A measure or recommendation may not be reported by a
committee unless a majority of the committee is actually
present.
(2) Each committee may fix the number of its members to
constitute a quorum for taking testimony and receiving
evidence, which may not be less than two.
(3) Each committee (other than the Committee on
Appropriations, the Committee on the Budget, and the Committee
on Ways and Means) may fix the number of its members to
constitute a quorum for taking any action other than one for
which the presence of a majority of the committee is otherwise
required, which may not be less than one-third of the members.
(4)(A) Each committee may adopt a rule authorizing the
chairman of a committee or subcommittee--
(i) to postpone further proceedings when a record vote is
ordered on the question of approving a measure or matter or on
adopting an amendment; and
(ii) to resume proceedings on a postponed question at any
time after reasonable notice.
(B) A rule adopted pursuant to this subparagraph shall
provide that when proceedings resume on a postponed question,
notwithstanding any intervening order for the previous
question, an underlying proposition shall remain subject to
further debate or amendment to the same extent as when the
question was postponed.
Limitation on Committee Sittings
(i) A committee may not sit during a joint session of the
House and Senate or during a recess when a joint meeting of the
House and Senate is in progress.
Calling and Questioning of Witnesses
(j)(1) Whenever a hearing is conducted by a committee on a
measure or matter, the minority members of the committee shall
be entitled, upon request to the chairman by a majority of them
before the completion of the hearing, to call witnesses
selected by the minority to testify with respect to that
measure or matter during at least one day of hearing thereon.
(2)(A) Subject to subdivisions (B) and (C), each committee
shall apply the five-minute rule during the questioning of
witnesses in a hearing until such time as each member of the
committee who so desires has had an opportunity to question
each witness.
(B) A committee may adopt a rule or motion permitting a
specified number of its members to question a witness for
longer than five minutes. The time for extended questioning of
a witness under this subdivision shall be equal for the
majority party and the minority party and may not exceed one
hour in the aggregate.
(C) A committee may adopt a rule or motion permitting
committee staff for its majority and minority party members to
question a witness for equal specified periods. The time for
extended questioning of a witness under this subdivision shall
be equal for the majority party and the minority party and may
not exceed one hour in the aggregate.
Hearing Procedures
(k)(1) The chairman at a hearing shall announce in an
opening statement the subject of hearing.
(2) A copy of the committee rules and of this clause shall
be made available to each witness on request.
(3) Witnesses at hearings may be accompanied by their own
counsel for the purpose of advising them concerning their
constitutional rights.
(4) The chairman may punish breaches of order and decorum,
and of professional ethics on the part of counsel, by censure
and exclusion from the hearings; and the committee may cite the
offender to the House for contempt.
(5) Whenever it is asserted that the evidence or testimony
at an investigative 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 hearing
may tend to defame, degrade or incriminate the witness--
(A) notwithstanding paragraph (g)(2), such testimony or
evidence shall be presented in executive session if, in the
presence of the number of members required under the rules of
the committee for the purpose of taking testimony, the
committee determines by vote of a majority of those present
that such evidence or testimony may tend to defame, degrade, or
incriminate any person; and
(B) the committee shall proceed to receive such testimony
in open session only if the committee, a majority being
present, determines that such evidence or testimony will not
tend to defame, degrade, or incriminate any person. In either
case the committee shall afford such person an opportunity
voluntarily to appear as a witness, and receive and dispose of
requests from such person to subpoena additional witnesses.
(6) Except as provided in subparagraph (5), the chairman
shall receive and the committee shall dispose of requests to
subpoena additional witnesses.
(7) Evidence or testimony taken in executive session, and
proceedings conducted in executive session, may be released or
used in public sessions only when authorized by the committee,
a majority being present.
(8) In the discretion of the committee, witnesses may
submit brief and pertinent sworn statements in writing for
inclusion in the record. The committee is the sole judge of the
pertinence of testimony and evidence adduced at its hearing.
(9) A witness may obtain a transcript copy of his testimony
given at a public session or, if given at an executive session,
when authorized by the committee.
Supplemental, Minority, or Additional Views
(l) If at the time of approval of a measure or matter by a
committee (other than the Committee on Rules) a member of the
committee gives notice of intention to file supplemental,
minority, or additional views for inclusion in the report to
the House thereon, that member shall be entitled to not less
than two additional calendar days after the day of such notice
(excluding Saturdays, Sundays, and legal holidays except when
the House is in session on such a day) to file such views, in
writing and signed by that member, with the clerk of the
committee.
Power To Sit and Act; Subpoena Power
(m)(1) For the purpose of carrying out any of its functions
and duties under this rule and rule X (including any matters
referred to it under clause 2 of rule XII), a committee or
subcommittee is authorized (subject to subparagraph (2)(A))--
(A) to sit and act at such times and places within the
United States, whether the House is in session, has recessed,
or has adjourned, and to hold such hearings as it considers
necessary; and
(B) to require, by subpoena or otherwise, the attendance
and testimony of such witnesses and the production of such
books, records, correspondence, memoranda, papers, and
documents as it considers necessary.
(2) The chairman of the committee, or a member designated
by the chairman, may administer oaths to witnesses.
(3)(A)(i) Except as provided in subdivision (A)(ii), a
subpoena may be authorized and issued by a committee or
subcommittee under subparagraph (1)(B) in the conduct of an
investigation or series of investigations or activities only
when authorized by the committee or subcommittee, a majority
being present. The power to authorize and issue subpoenas under
subparagraph (1)(B) may be delegated to the chairman of the
committee under such rules and under such limitations as the
committee may prescribe. Authorized subpoenas shall be signed
by the chairman of the committee or by a member designated by
the committee.
(ii) In the case of a subcommittee of the Committee on
Standards of Official Conduct, a subpoena may be authorized and
issued only by an affirmative vote of a majority of its
members.
(B) A subpoena duces tecum may specify terms of return
other than at a meeting or hearing of the committee or
subcommittee authorizing the subpoena.
(C) Compliance with a subpoena issued by a committee or
subcommittee under subparagraph (1)(B) may be enforced only as
authorized or directed by the House.
* * * * * * *
Audio and Visual Coverage of Committee Proceedings
4. (a) The purpose of this clause is to provide a means, in
conformity with acceptable standards of dignity, propriety, and
decorum, by which committee hearings or committee meetings that
are open to the public may be covered by audio and visual
means--
(1) for the education, enlightenment, and information of
the general public, on the basis of accurate and impartial news
coverage, regarding the operations, procedures, and practices
of the House as a legislative and representative body, and
regarding the measures, public issues, and other matters before
the House and its committees, the consideration thereof, and
the action taken thereon; and
(2) for the development of the perspective and
understanding of the general public with respect to the role
and function of the House under the Constitution as an
institution of the Federal Government.
(b) In addition, it is the intent of this clause that radio
and television tapes and television film of any coverage under
this clause may not be used, or made available for use, as
partisan political campaign material to promote or oppose the
candidacy of any person for elective public office.
(c) It is, further, the intent of this clause that the
general conduct of each meeting (whether of a hearing or
otherwise) covered under authority of this clause by audio or
visual means, and the personal behavior of the committee
members and staff, other Government officials and personnel,
witnesses, television, radio, and press media personnel, and
the general public at the hearing or other meeting, shall be in
strict conformity with and observance of the acceptable
standards of dignity, propriety, courtesy, and decorum
traditionally observed by the House in its operations, and may
not be such as to--
(1) distort the objects and purposes of the hearing or
other meeting or the activities of committee members in
connection with that hearing or meeting or in connection with
the general work of the committee or of the House; or
(2) cast discredit or dishonor on the House, the committee,
or a Member, Delegate, or Resident Commissioner or bring the
House, the committee, or a Member, Delegate, or Resident
Commissioner into disrepute.
(d) The coverage of committee hearings and meetings by
audio and visual means shall be permitted and conducted only in
strict conformity with the purposes, provisions, and
requirements of this clause.
(e) Whenever a hearing or meeting conducted by a committee
or subcommittee is open to the public, those proceedings shall
be open to coverage by audio and visual means. A committee or
subcommittee chairman may not limit the number of television or
still cameras to fewer than two representatives from each
medium (except for legitimate space or safety considerations,
in which case pool coverage shall be authorized).
(f) Each committee shall adopt written rules to govern its
implementation of this clause. Such rules shall contain
provisions to the following effect:
(1) If audio or visual coverage of the hearing or meeting
is to be presented to the public as live coverage, that
coverage shall be conducted and presented without commercial
sponsorship.
(2) The allocation among the television media of the
positions or the number of television cameras permitted by a
committee or subcommittee chairman in a hearing or meeting room
shall be in accordance with fair and equitable procedures
devised by the Executive Committee of the Radio and Television
Correspondents' Galleries.
(3) Television cameras shall be placed so as not to
obstruct in any way the space between a witness giving evidence
or testimony and any member of the committee or the visibility
of that witness and that member to each other.
(4) Television cameras shall operate from fixed positions
but may not be placed in positions that obstruct unnecessarily
the coverage of the hearing or meeting by the other media.
(5) Equipment necessary for coverage by the television and
radio media may not be installed in, or removed from, the
hearing or meeting room while the committee is in session.
(6)(A) Except as provided in subdivision (B), floodlights,
spotlights, strobelights, and flashguns may not be used in
providing any method of coverage of the hearing or meeting.
(B) The television media may install additional lighting in
a hearing or meeting room, without cost to the Government, in
order to raise the ambient lighting level in a hearing or
meeting room to the lowest level necessary to provide adequate
television coverage of a hearing or meeting at the current
state of the art of television coverage.
(7) In the allocation of the number of still photographers
permitted by a committee or subcommittee chairman in a hearing
or meeting room, preference shall be given to photographers
from Associated Press Photos and United Press International
Newspictures. If requests are made by more of the media than
will be permitted by a committee or subcommittee chairman for
coverage of a hearing or meeting by still photography, that
coverage shall be permitted on the basis of a fair and
equitable pool arrangement devised by the Standing Committee of
Press Photographers.
(8) Photographers may not position themselves between the
witness table and the members of the committee at any time
during the course of a hearing or meeting.
(9) Photographers may not place themselves in positions
that obstruct unnecessarily the coverage of the hearing by the
other media.
(10) Personnel providing coverage by the television and
radio media shall be currently accredited to the Radio and
Television Correspondents' Galleries.
(11) Personnel providing coverage by still photography
shall be currently accredited to the Press Photographers'
Gallery.
(12) Personnel providing coverage by the television and
radio media and by still photography shall conduct themselves
and their coverage activities in an orderly and unobtrusive
manner.
Pay of Witnesses
5. Witnesses appearing before the House or any of its
committees shall be paid the same per diem rate as established,
authorized, and regulated by the Committee on House
Administration for Members, Delegates, the Resident
Commissioner, and employees of the House, plus actual expenses
of travel to or from the place of examination. Such per diem
may not be paid when a witness has been summoned at the place
of examination.
* * * * * * *
Rule XIII. Calendars and Committee Reports
Calendars
1. (a) All business reported by committees shall be
referred to one of the following three calendars:
(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,
releasing any liability to the United States for money or
property, or referring a claim to the Court of Claims.
(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.
(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 Corrections Calendar as provided
in clause 6 of rule XV.
(c) 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.
(2) A bill or resolution reported adversely shall be laid
on the table unless a committee to which the bill or resolution
was referred requests at the time of the report its referral to
an appropriate calendar under clause 1 or unless, within three
days thereafter, a Member, Delegate, or Resident Commissioner
makes such a request.
(b)(1) It shall be the duty of the chairman of each
committee to report or cause to be reported promptly to the
House a measure or matter approved by the committee and to take
or cause to be taken steps necessary to bring the measure or
matter to a vote.
(2) In any event, the report of a committee on a measure
that has been approved by the committee shall be filed within
seven calendar days (exclusive of days on which the House is
not in session) after the day on which a written request for
the filing of the report, signed by a majority of the members
of the committee, has been filed with the clerk of the
committee. The clerk of the committee shall immediately notify
the chairman of the filing of such a request. This subparagraph
does not apply to a report of the Committee on Rules with
respect to a rule, joint rule, or order of business of the
House, or to the reporting of a resolution of inquiry addressed
to the head of an executive department.
(c) All supplemental, minority, or additional views filed
under clause 2(l) of rule XI by one or more members of a
committee shall be included in, and shall be a part of, the
report filed by the committee with respect to a measure or
matter. When time guaranteed by clause 2(l) of rule XI has
expired (or, if sooner, when all separate views have been
received), the committee may arrange to file its report with
the Clerk not later than one hour after the expiration of such
time. This clause and provisions of clause 2(l) of rule XI do
not preclude the immediate filing or printing of a committee
report in the absence of a timely request for the opportunity
to file supplemental, minority, or additional views as provided
in clause 2(l) of rule XI.
Content of Reports
3. (a)(1) Except as provided in subparagraph (2), the
report of a committee on a measure or matter shall be printed
in a single volume that--
(A) shall include all supplemental, minority, or additional
views that have been submitted by the time of the filing of the
report; and
(B) shall bear on its cover a recital that any such
supplemental, minority, or additional views (and any material
submitted under paragraph (c)(3) or (4)) are included as part
of the report.
(2) A committee may file a supplemental report for the
correction of a technical error in its previous report on a
measure or matter. A supplemental report only correcting errors
in the depiction of record votes under paragraph (b) may be
filed under this subparagraph and shall not be subject to the
requirement in clause 4 concerning the availability of reports.
(b) With respect to each record vote on a motion to report
a measure or matter of a public nature, and on any amendment
offered to the measure or matter, the total number of votes
cast for and against, and the names of members voting for and
against, shall be included in the committee report. The
preceding sentence does not apply to votes taken in executive
session by the Committee on Standards of Official Conduct.
(c) The report of a committee on a measure that has been
approved by the committee shall include, separately set out and
clearly identified, the following:
(1) Oversight findings and recommendations under clause
2(b)(1) of rule X.
(2) The statement required by section 308(a) of the
Congressional Budget Act of 1974, except that an estimate of
new budget authority shall include, when practicable, a
comparison of the total estimated funding level for the
relevant programs to the appropriate levels under current law.
(3) An estimate and comparison prepared by the Director of
the Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974 if timely submitted to the
committee before the filing of the report.
(4) A statement of general performance goals and
objectives, including outcome-related goals and objectives, for
which the measure authorizes funding.
(d) Each report of a committee on a public bill or public
joint resolution shall contain the following:
(1) A statement citing the specific powers granted to
Congress in the Constitution to enact the law proposed by the
bill or joint resolution.
(2)(A) An estimate by the committee of the costs that would
be incurred in carrying out the bill or joint resolution in the
fiscal year in which it is reported and in each of the five
fiscal years following that fiscal year (or for the authorized
duration of any program authorized by the bill or joint
resolution if less than five years);
(B) A comparison of the estimate of costs described in
subdivision (A) made by the committee with any estimate of such
costs made by a Government agency and submitted to such
committee; and
(C) When practicable, a comparison of the total estimated
funding level for the relevant programs with the appropriate
levels under current law.
(3)(A) In subparagraph (2) the term ``Government agency''
includes any department, agency, establishment, wholly owned
Government corporation, or instrumentality of the Federal
Government or the government of the District of Columbia.
(B) Subparagraph (2) does not apply to the Committee on
Appropriations, the Committee on House Administration, the
Committee on Rules, or the Committee on Standards of Official
Conduct, and does not apply when a cost estimate and comparison
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act of 1974 has
been included in the report under paragraph (c)(3).
(e)(1) Whenever a committee reports a bill or joint
resolution proposing to repeal or amend a statute or part
thereof, it shall include in its report or in an accompanying
document--
(A) the text of a statute or part thereof that is proposed
to be repealed; and
(B) a comparative print of any part of the bill or joint
resolution proposing to amend the statute and of the statute or
part thereof proposed to be amended, showing by appropriate
typographical devices the omissions and insertions proposed.
(2) If a committee reports a bill or joint resolution
proposing to repeal or amend a statute or part thereof with a
recommendation that the bill or joint resolution be amended,
the comparative print required by subparagraph (1) shall
reflect the changes in existing law proposed to be made by the
bill or joint resolution as proposed to be amended.
(f)(1) A report of the Committee on Appropriations on a
general appropriation bill shall include--
(A) a concise statement describing the effect of any
provision of the accompanying bill that directly or indirectly
changes the application of existing law; and
(B) a list of all appropriations contained in the bill for
expenditures not previously authorized by law for the period
concerned (except 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 appropriations in the bill for such expenditures.
(2) Whenever the Committee on Appropriations reports a bill
or joint resolution including matter specified in clause
1(b)(2) or (3) of rule X, it shall include--
(A) in the bill or joint resolution, separate headings for
``Rescissions'' and ``Transfers of Unexpended Balances'' and
(B) in the report of the committee, a separate section
listing such rescissions and transfers.
(g) Whenever the Committee on Rules reports a resolution
proposing to repeal or amend a standing rule of the House, it
shall include in its report or in an accompanying document--
(1) the text of any rule or part thereof that is proposed
to be repealed; and
(2) a comparative print of any part of the resolution
proposing to amend the rule and of the rule or part thereof
proposed to be amended, showing by appropriate typographical
devices the omissions and insertions proposed.
(h)(1) It shall not be in order to consider a bill or joint
resolution reported by the Committee on Ways and Means that
proposes to amend the Internal Revenue Code of 1986 unless--
(A) the report includes a tax complexity analysis prepared
by the Joint Committee on Internal Revenue Taxation in
accordance with section 4022(b) of the Internal Revenue Service
Restructuring and Reform Act of 1998; or
(B) the chairman of the Committee on Ways and Means causes
such a tax complexity analysis to be printed in the
Congressional Record before consideration of the bill or joint
resolution.
(2)(A) It shall not be in order to consider a bill or joint
resolution reported by the Committee on Ways and Means that
proposes to amend the Internal Revenue Code of 1986 unless--
(i) the report includes a macroeconomic impact analysis;
(ii) the report includes a statement from the Joint
Committee on Internal Revenue Taxation explaining why a
macroeconomic impact analysis is not calculable; or
(iii) the chairman of the Committee on Ways and Means
causes a macroeconomic impact analysis to be printed in the
Congressional Record before consideration of the bill or joint
resolution.
(B) In subdivision (A), the term ``macroeconomic impact
analysis'' means--
(i) an estimate prepared by the Joint Committee on Internal
Revenue Taxation of the changes in economic output, employment,
capital stock, and tax revenues expected to result from
enactment of the proposal; and
(ii) a statement from the Joint Committee on Internal
Revenue Taxation identifying the critical assumptions and the
source of data underlying that estimate.
Availability of Reports
4. (a)(1) Except as specified in subparagraph (2), it shall
not be in order to consider in the House a measure or matter
reported by a committee until the third calendar day (excluding
Saturdays, Sundays, or legal holidays except when the House is
in session on such a day) on which each report of a committee
on that measure or matter has been available to Members,
Delegates, and the Resident Commissioner.
(2) Subparagraph (1) does not apply to--
(A) a resolution providing a rule, joint rule, or order of
business reported by the Committee on Rules considered under
clause 6;
(B) a resolution providing amounts from the applicable
accounts described in clause 1(i)(1) of rule X reported by the
Committee on House Administration considered under clause 6 of
rule X;
(C) a bill called from the Corrections Calendar under
clause 6 of rule XV;
(D) a resolution presenting a question of the privileges of
the House reported by any committee;
(E) a measure for the declaration of war, or the
declaration of a national emergency, by Congress; and
(F) 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.
* * * * * * *
Rule XVI. Motions and Amendments
Motions
1. Every motion entertained by the Speaker shall be reduced
to writing on the demand of a Member, Delegate, or Resident
Commissioner and, unless it is withdrawn the same day, shall be
entered on the Journal with the name of the Member, Delegate,
or Resident Commissioner offering it. A dilatory motion may not
be entertained by the Speaker.
Withdrawal
2. When a motion is entertained, the Speaker shall state it
or cause it to be read aloud by the Clerk before it is debated.
The motion then shall be in the possession of the House but may
be withdrawn at any time before a decision or amendment
thereon.
Question of Consideration
3. When a motion or proposition is entertained, the
question, ``Will the House now consider it?'' may not be put
unless demanded by a Member, Delegate, or Resident
Commissioner.
Precedence of Motions
4. (a) When a question is under debate, only the following
motions may be entertained (which shall have precedence in the
following order):
(1) To adjourn.
(2) To lay on the table.
(3) For the previous question.
(4) To postpone to a day certain.
(5) To refer.
(6) To amend.
(7) To postpone indefinitely.
(b) A motion to adjourn, to lay on the table, or for the
previous question shall be decided without debate. A motion to
postpone to a day certain, to refer, or to postpone
indefinitely, being decided, may not be allowed again on the
same day at the same stage of the question.
(c)(1) It shall be in order at any time for the Speaker, in
his discretion, to entertain a motion--
(A) that the Speaker be authorized to declare a recess; or
(B) that when the House adjourns it stand adjourned to a
day and time certain.
(2) Either motion shall be of equal privilege with the
motion to adjourn and shall be decided without debate.
Divisibility
5. (a) Except as provided in paragraph (b), a question
shall be divided on the demand of a Member, Delegate, or
Resident Commissioner before the question is put if it includes
propositions so distinct in substance that, one being taken
away, a substantive proposition remains.
(b)(1) A motion or resolution to elect members to a
standing committee of the House, or to a joint standing
committee, is not divisible.
(2) A resolution or order reported by the Committee on
Rules providing a special order of business is not divisible.
(c) A motion to strike and insert is not divisible, but
rejection of a motion to strike does not preclude another
motion to amend.
Amendments
6. When an amendable proposition is under consideration, a
motion to amend and a motion to amend that amendment shall be
in order, and it also shall be in order to offer a further
amendment by way of substitute for the original motion to
amend, to which one amendment may be offered but which may not
be voted on until the original amendment is perfected. An
amendment may be withdrawn in the House at any time before a
decision or amendment thereon. An amendment to the title of a
bill or resolution shall not be in order until after its
passage or adoption and shall be decided without debate.
Germaneness
7. No motion or proposition on a subject different from
that under consideration shall be admitted under color of
amendment.
Readings
8. Bills and joint resolutions are subject to readings as
follows:
(a) A first reading is in full when the bill or joint
resolution is first considered.
(b) A second reading occurs only when the bill or joint
resolution is read for amendment in a Committee of the Whole
House on the state of the Union under clause 5 of rule XVIII.
(c) A third reading precedes passage when the Speaker
states the question: ``Shall the bill [or joint resolution] be
engrossed [when applicable] and read a third time?'' If that
question is decided in the affirmative, then the bill or joint
resolution shall be read the final time by title and then the
question shall be put on its passage.
* * * * * * *
Rule XIX. Motions Following the Amendment Stage
Previous Question
1. (a) There shall be a motion for the previous question,
which, being ordered, shall have the effect of cutting off all
debate and bringing the House to a direct vote onthe immediate
question or questions on which it has been ordered. Whenever the
previous question has been ordered on an otherwise debatable question
on which there has been no debate, it shall be in order to debate that
question for 40 minutes, equally divided and controlled by a proponent
of the question and an opponent. The previous question may be moved and
ordered on a single question, on a series of questions allowable under
the rules, or on an amendment or amendments, or may embrace all
authorized motions or amendments and include the bill or resolution to
its passage, adoption, or rejection.
(b) Incidental questions of order arising during the
pendency of a motion for the previous question shall be
decided, whether on appeal or otherwise, without debate.
Recommit
2. (a) After the previous question has been ordered on
passage or adoption of a measure, or pending a motion to that
end, it shall be in order to move that the House recommit (or
commit, as the case may be) the measure, with or without
instructions, to a standing or select committee. For such a
motion to recommit, the Speaker shall give preference in
recognition to a Member, Delegate, or Resident Commissioner who
is opposed to the measure.
(b) Except as provided in paragraph (c), if a motion that
the House recommit a bill or joint resolution on which the
previous question has been ordered to passage includes
instructions, it shall be debatable for 10 minutes equally
divided between the proponent and an opponent.
(c) On demand of the floor manager for the majority, it
shall be in order to debate the motion for one hour equally
divided and controlled by the proponent and an opponent.
Reconsideration
3. When a motion has been carried or lost, it shall be in
order on the same or succeeding day for a Member on the
prevailing side of the question to enter a motion for the
reconsideration thereof. The entry of such a motion shall take
precedence over all other questions except the consideration of
a conference report or a motion to adjourn, and may not be
withdrawn after such succeeding day without the consent of the
House. Once entered, a motion may be called up for
consideration by any Member. During the last six days of a
session of Congress, such a motion shall be disposed of when
entered.
4. A bill, petition, memorial, or resolution referred to a
committee, or reported therefrom for printing and recommitment,
may not be brought back to the House on a motion to reconsider.
* * * * * * *
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.
General Appropriation Bills and Amendments
2. (a)(1) An appropriation may not be reported in a general
appropriation bill, and may not be in order as an amendment
thereto, for an expenditure not previously authorized by law,
except to continue appropriations for public works and objects
that are already in progress.
(2) A reappropriation of unexpended balances of
appropriations may not be reported in a general appropriation
bill, and may not be in order as an amendment thereto, except
to continue appropriations for public works and objects that
are already in progress. This subparagraph does not apply to
transfers of unexpended balances within the department or
agency for which they were originally appropriated that are
reported by the Committee on Appropriations.
(b) A provision changing existing law may not be reported
in a general appropriation bill, including a provision making
the availability of funds contingent on the receipt or
possession of information not required by existing law for the
period of the appropriation, except germane provisions that
retrench expenditures by the reduction of amounts of money
covered by the bill (which may include those recommended to the
Committee on Appropriations by direction of a legislative
committee having jurisdiction over the subject matter) and
except rescissions of appropriations contained in appropriation
Acts.
(c) An amendment to a general appropriation bill shall not
be in order if changing existing law, including an amendment
making the availability of funds contingent on the receipt or
possession of information not required by existing law for the
period of the appropriation. Except as provided in paragraph
(d), an amendment proposing a limitation not specifically
contained or authorized in existing law for the period of the
limitation shall not be in order during consideration of a
general appropriation bill.
(d) After a general appropriation bill has been read for
amendment, a motion that the Committee of the Whole House on
the state of the Union rise and report the bill to the House
with such amendments as may have been adopted shall, if offered
by the Majority Leader or a designee, have precedence over
motions to amend the bill. If such a motion to rise and report
is rejected or not offered, amendments proposing limitations
not specifically contained or authorized in existing law for
the period of the limitation or proposing germane amendments
that retrench expenditures by reductions of amounts of money
covered by the bill may be considered.
(e) A provision other than an appropriation designated an
emergency under section 251(b)(2) or section 252(e) of the
Balanced Budget and Emergency Deficit Control Act, a rescission
of budget authority, or a reduction in direct spending or an
amount for a designated emergency may not be reported in an
appropriation bill or joint resolution containing an emergency
designation under section 251(b)(2) or section 252(e) of such
Act and may not be in order as an amendment thereto.
(f) During the reading of an appropriation bill for
amendment in the Committee of the Whole House on the state of
the Union, it shall be in order to consider en bloc amendments
proposing only to transfer appropriations among objects in the
bill without increasing the levels of budget authority or
outlays in the bill. When considered en bloc under this
paragraph, such amendments may amend portions of the bill not
yet read for amendment (following disposition of any points of
order against such portions) and is not subject to a demand for
division of the question in the House or in the Committee of
the Whole.
Transportation Obligation Limitations
3. It shall not be in order to consider a bill, joint
resolution, amendment, or conference report that would cause
obligation limitations to be below the level for any fiscal
year set forth in section 8103 of the Transportation Equity Act
for the 21st Century, as adjusted, for the highway category or
the mass transit category, as applicable.
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 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.
(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.
Passage of Tax Rate Increases
(b) A bill or joint resolution, amendment, or conference
report carrying a Federal income tax rate increase may not be
considered as passed or agreed to unless so determined by a
vote of not less than three-fifths of the Members voting, a
quorum being present. In this paragraph the term ``Federal
income tax rate increase'' means any amendment to subsection
(a), (b), (c), (d), or (e) of section 1, or to section 11(b) or
55(b), of the Internal Revenue Code of 1986, that imposes a new
percentage as a rate of tax and thereby increases the amount of
tax imposed by any such section.
Consideration of Retroactive Tax Rate Increases
(c) It shall not be in order to consider a bill, joint
resolution, amendment, or conference report carrying a
retroactive Federal income tax rate increase. In this
paragraph--
(1) the term ``Federal income tax rate increase'' means any
amendment to subsection (a), (b), (c), (d), or (e) of section
1, or to section 11(b) or 55(b), of the Internal Revenue Code
of 1986, that imposes a new percentage as a rate of tax and
thereby increases the amount of tax imposed by any such
section; and
(2) a Federal income tax rate increase is retroactive if it
applies to a period beginning before the enactment of the
provision.
Designation of public works
6. It shall not be in order to consider a bill, joint
resolution, amendment, or conference report that provides for
the designation or redesignation of a public work in honor of
an individual then serving as a Member, Delegate, Resident
Commissioner, or Senator.
Rule XXII. House And Senate Relations
* * * * * * *
11. It shall not be in order to consider a conference
report to accompany a bill or joint resolution that proposes to
amend the Internal Revenue Code of 1986 unless--
(a) the joint explanatory statement of the managers
includes a tax complexity analysis prepared by the Joint
Committee on Internal Revenue Taxation in accordance with
section 4022(b) of the Internal Revenue Service Restructuring
and Reform Act of 1998; or
(b) the chairman of the Committee on Ways and Means causes
such a tax complexity analysis to be printed in the
Congressional Record before consideration of the conference
report.
12. (a)(1) Subject to subparagraph (2), a meeting of each
conference committee shall be open to the public.
(2) In open session of the House, a motion that managers on
the part of the House be permitted to close to the public a
meeting or meetings of their conference committee shall be
privileged, shall be decided without debate, and shall be
decided by a record vote.
(b) A point of order that a conference committee failed to
comply with paragraph (a) may be raised immediately after the
conference report is read or considered as read. If such a
point of order is sustained, the conference report shall be
considered as rejected, the House shall be considered to have
insisted on its amendments or on disagreement to the Senate
amendments, as the case may be, and to have requested a further
conference with the Senate, and the Speaker may appoint new
conferees without intervening motion.
Rule XXVII. Statutory Limit on Public Debt
1. Upon adoption by Congress of a concurrent resolution on
the budget under section 301 or 304 of the Congressional Budget
Act of 1974 that sets forth, as the appropriate level of the
public debt for the period to which the concurrent resolution
relates, an amount that is different from the amount of the
statutory limit on the public debt that otherwise would be in
effect for that period, the Clerk shall prepare an engrossment
of a joint resolution increasing or decreasing, as the case may
be, the statutory limit on the public debt in the form
prescribed in clause 2. Upon engrossment of the joint
resolution, the vote by which the concurrent resolution on the
budget was finally agreed to in the House shall also be
considered as a vote on passage of the joint resolution in the
House, and the joint resolution shall be considered as passed
by the House and duly certified and examined. The engrossed
copy shall be signed by the Clerk and transmitted to the Senate
for further legislative action.
2. The matter after the resolving clause in a joint
resolution described in clause 1 shall be as follows: ``That
subsection (b) of section 3101 of title 31, United States Code,
is amended by striking out the dollar limitation contained in
such subsection and inserting in lieu thereof `$________'.'',
with the blank being filled with a dollar limitation equal to
the appropriate level of the public debt set forth pursuant to
section 301(a)(5) of the Congressional Budget Act of 1974 in
the relevant concurrent resolution described in clause 1. If an
adopted concurrent resolution under clause 1 sets forth
different appropriate levels of the public debt for separate
periods, only one engrossed joint resolution shall be prepared
under clause 1; and the blank referred to in the preceding
sentence shall be filled with the limitation that is to apply
for each period.
3. (a) The report of the Committee on the Budget on a
concurrent resolution described in clause 1 and the joint
explanatory statement of the managers on a conference report to
accompany such a concurrent resolution each shall contain a
clear statement of the effect the eventual enactment of a joint
resolution engrossed under this rule would have on the
statutory limit on the public debt.
(b) It shall not be in order for the House to consider a
concurrent resolution described in clause 1, or a conference
report thereon, unless the report of the Committee on the
Budget or the joint explanatory statement of the managers
complies with paragraph a).
4. Nothing in this rule shall be construed as limiting or
otherwise affecting--
(a) the power of the House or the Senate to consider and
pass bills or joint resolutions, without regard to the
procedures under clause 1, that would change the statutory
limit on the public debt; or
(b) the rights of Members, Delegates, the Resident
Commissioner, or committees with respect to the introduction,
consideration, and reporting of such bills or joint
resolutions.
5. In this rule the term ``statutory limit on the public
debt'' means the maximum face amount of obligations issued
under authority of chapter 31 of title 31, United States Code,
and obligations guaranteed as to principal and interest by the
United States (except such guaranteed obligations as may be
held by the Secretary of the Treasury), as determined under
section 3101(b) of such title after the application of section
3101(a) of such title, that may be outstanding at any one time.