RULES OF THE COMMITTEE ON RULES

RULES OF THE COMMITTEE ON RULES

U.S. House of Representatives

105th Congress

RULE 1. -- GENERAL PROVISIONS.

(a) The rules of the House are the rules of the Committee and its subcommittees so far as applicable, except that a motion to recess from day to day, and a motion to dispense with the first reading (in full) of a bill or resolution, if printed copies are available, are non-debatable motions of high privilege in the Committee. A proposed investigative or oversight report shall be considered as read if it has been available to the members of the Committee for at least 24 hours (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such day).

(b) Each subcommittee is a part of the Committee, and is subject to the authority and direction of the Committee and to its rules so far as applicable.

(c) The provisions of clause 2 of rule XI of the rules of the House are incorporated by reference as the rules of the Committee to the extent applicable.

(d) The Committee's rules shall be published in the Congressional Record not later than 30 days after the Committee is elected in each odd-numbered year.

RULE 2 -- REGULAR, ADDITIONAL, AND SPECIAL MEETINGS.

Regular Meetings

(a)(1) The Committee shall regularly meet at 10:30 a.m. on Tuesday of each week when the House is in session.

(2) A regular meeting of the Committee may be dispensed with if, in the judgment of the Chairman of the Committee (hereafter in these rules referred to as the "Chair"), there is no need for the meeting.

(3) Additional regular meetings and hearings of the Committee may be called by the Chair.

Notice for Regular Meetings

(b) The Chair shall notify each member of the Committee of the agenda of each regular meeting of the Committee at least 48 hours before the time of the meeting and shall provide to each member of the Committee, at least 24 hours before the time of each regular meeting

(1) for each bill or resolution scheduled on the agenda for consideration of a rule, a copy of

(A) the bill or resolution,

(B) any committee reports thereon, and

(2) for each other bill, resolution, report, or other matter on the agenda a copy of --

(A) the bill, resolution, report, or materials relating to the other matter in question; and

(B) any report on the bill, resolution, report, or any other matter made by any subcommittee of the Committee.

Emergency Meetings

(c)(1) The Chair may call an emergency meeting of the Committee at any time on any measure or matter which the Chair determines to be of an emergency nature; provided, however, that the Chair has made an effort to consult the ranking minority member, or, in such member's absence, the next ranking minority party members of the Committee.

(2) As soon as possible after calling an emergency meeting of the Committee, the Chair shall notify each member of the Committee of the time and location of the meeting.

(3) To the extent feasible, the notice provided under paragraph (2) shall include the agenda for the emergency meeting and copies of available materials which would otherwise have been provided under subsection (b) if the emergency meeting was a regular meeting.

Special Meetings

(d) Special meetings shall be called and convened as provided in clause 2(c)(2) of rule XI of the Rules of the House.

RULE 3 -- MEETING AND HEARING PROCEDURES.

In General

(a)(1) Meetings and hearings of the Committee shall be called to order and presided over by the Chair or, in the Chair's absence, by the member designated by the Chair as the Vice Chair of the Committee, or by the ranking majority member of the Committee present as Acting Chair.

(2) Meetings and hearings of the committee shall be open to the public unless closed in accordance with clause 2(g) of rule XI of the Rules of the House of Representatives.

(3) Any meeting or hearing of the Committee that is open to the public shall be open to coverage by television, radio, and still photography in accordance with the provisions of clause 3 of the House rule XI (which are incorporated by reference as part of these rules).

(4) When a recommendation is made as to the kind of rule which should be granted for consideration of a bill or resolution, a copy of the language recommended shall be furnished to each member of the Committee at the beginning of the Committee meeting at which the rule is to be considered or as soon thereafter as the proposed language becomes available.

Quorum

(b)(1) For the purpose of hearing testimony on requests for rules, five members of the Committee shall constitute a quorum.

(2) For the purpose of taking testimony and receiving evidence on measures or matters of original jurisdiction before the Committee, three members of the Committee shall constitute a quorum.

(3) A majority of the members of the Committee shall constitute a quorum for the purposes of reporting any measure or matter, of authorizing a subpoena, of closing a meeting or hearing pursuant to clause 2(g) of rule XI of the Rules of the House (except as provided in clause 2(g)(2)(A) and (B), or of taking any other action.

Voting

(c)(1) No vote may be conducted on any measure or motion pending before the Committee unless a majority of the members of the Committee is actually present for such purpose.

(2) A rollcall vote of the Committee shall be provided on any question before the Committee upon the request of any member.

(3) No vote by any member of the Committee on any measure or matter may be cast by proxy.

(4) A record of the vote of each Member of the Committee on each rollcall vote on any matter before the Committee shall be available for public inspection at the offices of the Committee, and, with respect to any rollcall vote on any motion to amend or report, shall be included in the report of the Committee showing the total number of votes cast for and against and the names of those members voting for and against.

Hearing Procedures

(d)(1) With regard to hearings on matters of original jurisdiction, to the greatest extent practicable: (A) each witness who is to appear before the Committee shall file with the committee at least 24 hours in advance of the appearance a statement of proposed testimony in written and electronic form and shall limit the oral presentation to the Committee to a brief summary thereof; and (B) each witness appearing in a non-governmental capacity shall include with the statement of proposed testimony provided in written and electronic form a curriculum vitae and a disclosure of the amount and source (by agency and program) of any Federal grant (or subgrant thereof) or contract (or subcontract thereof) received during the current fiscal year or either of the two preceding fiscal years.

(2) The five-minute rule shall be observed in the interrogation of each witness before the Committee until each member of the Committee has had an opportunity to question the witness.

(3) The provisions of clause 2(k) of rule XI of the rules of the House shall apply to any investigative hearing conducted by the committee.

Subpoenas and Oaths

(e)(1) Pursuant to clause 2(m) of rule XI of the rules of the House of Representatives, a subpoena may be authorized and issued by the Committee or a subcommittee in the conduct of any investigation or series of investigations or activities, only when authorized by a majority of the members voting, a majority being present.

(2) The Chair may authorize and issue subpoenas under such clause during any period in which the House has adjourned for a period of longer than three days.

(3) Authorized subpoenas shall be signed by the Chair or by any member designated by the Committee, and may be served by any person designated by the Chair or such member.

(4) The Chair, or any member of the Committee designated by the Chair, may administer oaths to witnesses before the Committee.

RULE 4. -- GENERAL OVERSIGHT AND INVESTIGATIVE RESPONSIBILITIES.

(a) The Committee shall review and study, on a continuing basis, the application, administration, execution, and effectiveness of those laws, or parts of laws, the subject matter of which is within its jurisdiction.

(b) Not later than February 15 of the first session of a Congress, the committee shall meet in open session, with a quorum present, to adopt its oversight plans for that Congress for submission to the Committee on House Oversight and the Committee on Government Reform and Oversight, in accordance with the provisions of clause 2(d) of House rule X.

RULE 5 -- SUBCOMMITTEES.

Establishment and Responsibilities of Subcommittees

(a)(1) There shall be two subcommittees of the Committee as follows:

(A) Subcommittee on Legislative and Budget Process, which shall have general responsibility for measures or matters related to relations between the Congress and the Executive Branch.

(B) Subcommittee on Rules and Organization of the House, which shall have general responsibility for measures or matters related to relations between the two Houses of Congress, relations between the Congress and the Judiciary, and internal operations of the House.

(2) In addition, each such subcommittee shall have specific responsibility for such other measures or matters as the Chair refers to it.

(3) Each subcommittee of the Committee shall review and study, on a continuing basis, the application, administration, execution, and effectiveness of those laws, or parts of laws, the subject matter of which is within its general responsibility.

Referral of Measures and Matters to Subcommittees

(b)(1) In view of the unique procedural responsibilities of the Committee, no special order providing for the consideration of any bill or resolution shall be referred to a subcommittee of the Committee.

(2) The Chair shall refer to a subcommittee such measures or matters of original jurisdiction as the Chair deems appropriate given its jurisdiction and responsibilities.

(3) All other measures or matters of original jurisdiction shall be subject to consideration by the full Committee.

(4) In referring any measure or matter of original jurisdiction to a subcommittee, the Chair may specify a date by which the subcommittee shall report thereon to the Committee.

(5) The Committee by motion may discharge a subcommittee from consideration of any measure or matter referred to a subcommittee of the Committee.

Composition of Subcommittees

(c) The size and ratio of each subcommittee shall be determined by the Committee and members shall be elected to each subcommittee, and to the positions of chairman and ranking minority member thereof, in accordance with the rules of the respective party caucuses. The Chair of the full committee shall designate a member of the majority party on each subcommittee as its vice chairman.

Subcommittee Meetings and Hearings

(d)(1) Each subcommittee of the Committee is authorized to meet, hold hearings, receive testimony, mark up legislation, and report to the full Committee on any measure or matter referred to it.

(2) No subcommittee of the Committee may meet or hold a hearing at the same time as a meeting or hearing of the full Committee is being held.

(3) The chairman of each subcommittee shall schedule meetings and hearings of the subcommittee only after consultation with the Chair.

Quorum

(e)(1) For the purpose of taking testimony, two members of the subcommittee shall constitute a quorum.

(2) For all other purposes, a quorum shall consist of a majority of the members of a subcommittee.

Effect of a Vacancy

(f) Any vacancy in the membership of a subcommittee shall not affect the power of the remaining members to execute the functions of the subcommittee.

Records

(g) Each subcommittee of the Committee shall provide the full Committee with copies of such records of votes taken in the subcommittee and such other records with respect to the subcommittee necessary for the Committee to comply with all rules and regulations of the House.

RULE 6 -- STAFF.

In General

(a)(1) Except as provided in paragraphs (2) and (3), the professional and other staff of the Committee shall be appointed, by the Chair, and shall work under the general supervision and direction of the Chair.

(2) All professional, and other staff provided to the minority party members of the Committee shall be appointed, by the ranking minority member of the Committee, and shall work under the general supervision and direction of such member.

(3) The appointment of all professional staff shall be subject to the approval of the Committee as provided by, and subject to the provisions of, clause 6 of rule XI of the Rules of the House.

Associate Staff

(b) Associate staff for members of the Committee may be appointed only at the discretion of the Chair (in consultation with the ranking minority member regarding any minority party associate staff), after taking into account any staff ceilings and budgetary constraints in effect at the time, and any terms, limits, or conditions established by the Committee on House Oversight under clause 6 of House rule XI.

Subcommittee Staff

(c) From funds made available for the appointment of staff, the Chair of the Committee shall, pursuant to clause 5(d) of House rule XI, ensure that sufficient staff is made available to each subcommittee to carry out its responsibilities under the rules of the Committee, and, after consultation with the ranking minority member of the Committee, that the minority party of the Committee is treated fairly in the appointment of such staff.

Compensation of Staff

(d) The Chair shall fix the compensation of all professional and other staff of the Committee, after consultation with the ranking minority member regarding any minority party staff.

Certification of Staff

(e)(1) To the extent any staff member of the Committee or any of its subcommittees does not work under the direct supervision and direction of the Chair, the Member of the Committee who supervises and directs the staff member's work shall file with the Chief of Staff of the Committee (not later than the tenth day of each month) a certification regarding the staff member's work for that member for the preceding calendar month.

(2) The certification required by paragraph (1) shall be in such form as the Chair may prescribe, shall identify each staff member by name, and shall state that the work engaged in by the staff member and the duties assigned to the staff member for the member of the Committee with respect to the month in question met the requirements of clause 6 of rule XI of the Rules of the House of Representatives.

(3) Any certification of staff of the Committee, or any of its subcommittees, made by the Chair in compliance with any provision of law or regulation shall be made (A) on the basis of the certifications filed under paragraph (1) to the extent the staff is not under the Chair's supervision and direction, and (B) on his own responsibility to the extent the staff is under the Chair's direct supervision and direction.

RULE 7 -- BUDGET, TRAVEL, PAY OF WITNESSES.

Budget

(a) The Chair, in consultation with other members of the Committee, shall prepare for each Congress a budget providing amounts for staff, necessary travel, investigation, and other expenses of the Committee and its subcommittees.

Travel

(b)(1) The Chair may authorize travel for any member and any staff member of the Committee in connection with activities or subject matters under the general jurisdiction of the Committee. Before such authorization is granted, there shall be submitted to the Chair in writing the following:

(A) The purpose of the travel.

(B) The dates during which the travel is to occur.

(C)The names of the States or countries to be visited and the length of time to be spent in each.

(D) The names of members and staff of the Committee for whom the authorization is sought.

(2) Members and staff of the Committee shall make a written report to the Chair on any travel they have conducted under this subsection, including a description of their itinerary, expenses, and activities, and of pertinent information gained as a result of such travel.

(3) Members and staff of the Committee performing authorized travel on official business shall be governed by applicable laws, resolutions, and regulations of the House and of the Committee on House Oversight.

Pay of Witnesses

(c) Witnesses may be paid from funds made available to the Committee in its expense resolution subject to the provisions of rule XXXV of the rules of the House.

RULE 8 -- COMMITTEE ADMINISTRATION.

Reporting

(a) Whenever the Committee authorizes the favorable reporting of a bill or resolution from the Committee --

(1) the Chair or acting Chair shall report it to the House or designate a member of the Committee to do so, and

(2) in the case of a bill or resolution in which the Committee has original jurisdiction, the Chair shall allow, to the extent that the anticipated floor schedule permits, any member of the Committee a reasonable amount of time to submit views for inclusion in the Committee report on the bill or resolution.

Any such report shall contain all matters required by the rules of the House of Representatives (or by any provision of law enacted as an exercise of the rulemaking power of the House) and such other information as the Chair deems appropriate.

Records

(b)(1) There shall be a transcript made of each regular meeting and hearing of the Committee, and the transcript may be printed if the Chair decides it is appropriate or if a majority of the Members of the Committee requests such printing. Any such transcripts shall be 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. Nothing in this paragraph shall be construed to require that all such transcripts be subject to correction and publication.

(2) The Committee shall keep a record of all actions of the Committee and of its subcommittees. The record shall contain all information required by clause 2(e)(1) of rule XI of the rules of the House of Representatives and shall be available for public inspection at reasonable times in the offices of the Committee.

(3) All Committee hearings, records, data, charts, and files shall be kept separate and distinct from the congressional office records of the Chair, shall be the property of the House, and all Members of the House shall have access thereto as provided in clause 2(e)(2) of rule XI of the Rules of the House.

(4) The records of the Committee at the National Archives and Records Administration shall be made available for public use in accordance with rule XXXVI of the rules of the House of Representatives. The Chair shall notify the ranking minority member of any decision, pursuant to clause 3(b)(3) or clause 4(b) of the rule, to withhold a record otherwise available, and the matter shall be presented to the Committee for a determination on written request of any member of the Committee.

Committee Publications on the Internet

Calendars

(d)(1) The Committee shall maintain a Committee Calendar, which shall include all bills, resolutions, and other matters referred to or reported by the Committee and all bills, resolutions, and other matters reported by any other committee on which a rule has been granted or formally requested, and such other matters as the Chair shall direct. The Calendar shall be published periodically, but in no case less often than once in each session of Congress.

(2) The staff of the Committee shall furnish each member of the Committee with a list of all bills or resolutions (A) reported from the Committee but not yet considered by the House, and (B) on which a rule has been formally requested but not yet granted. The list shall be updated each week when the House is in session.

(3) For purposes of paragraphs (1) and (2), a rule is considered as formally requested when the Chairman of a committee which has reported a bill or resolution (or a member of such committee authorized to act on the Chairman's behalf) (A) has requested, in writing to the Chair, that a hearing be scheduled on a rule for the consideration of the bill or resolution, and (B) has supplied the Committee with an adequate number of copies of the bill or resolution, as reported, together with the final printed committee report thereon.

Other Procedures

(e) The Chair may establish such other Committee procedures and take such actions as may be necessary to carry out these rules or to facilitate the effective operation of the Committee and its subcommittees in a manner consistent with these rules.

RULE 9 -- AMENDMENTS TO COMMITTEE RULES.

The rules of the Committee may be modified, amended or repealed, in the same manner and method as prescribed for the adoption of committee rules in clause 2 of rule XI of the Rules of the House, but only if written notice of the proposed change has been provided to each such Member at least 48 hours before the time of the meeting at which the vote on the change occurs. Any such change in the rules of the Committee shall be published in the Congressional Record within 30 calendar days after their approval.

ADDITIONAL NOTES & COMMENTS

1. If the provisions of clauses 2 and 3 of House Rule XI are incorporated by reference (as suggested by model rules 1(c) and 3(a)(3)), rather than included in their entirety, they should be appended to the committee's rules. And, in the case of an investigative hearing, these should be included with the copy of committee rules provided in advance to witnesses as required by clause 2(k)(2) of Rule XI (which already requires that a copy of clause 2 of rule XI be given to such witnesses).

2. Committees should note that the current prohibition on committees' sitting while the House is considering amendments under the five-minute rule (clause 2(I)(1)) is proposed to be stricken in the Rules of the 105th Congress, and therefore should be stricken from your committee rules. The prohibition on committees sitting during a joint session or joint meeting of the House and Senate in clause 2(I)(2) will be retained in the rules of the 105th Congress.

3. The model rule 2 proposes four types of meetings -- though House Rules only provide for three -- regular meetings (on a specified day at least once a month -- specified time not required) [clause 2(b) of House Rule XI]; additional regular meetings [clause 2(c)(1) of House Rule XI]; and special meetings (which may ultimately be called by a majority of the members of the committee if the chairman denies a petition by at least three members of the committee for such a special meeting) [clause 2(c)(2) of Rule XI]. The model proposes a fourth category, "Emergency Meetings," which may be called at any time after consultation with the ranking minority member, based on the expectation that most committee rules provide for specified advance notice of regular meetings.

4. Model rule 3(d)(1) reflects a House Rules change early in the 104th Congress that now specifies that less than a week's advance notice of a hearing must either be approved with the concurrence of the ranking minority member or by vote of the committee with a requisite quorum present for transacting business (one-third if the committee adopts that requirement; a majority quorum if not) [House Rule XI, clause 2(g)(3), adopted Jan. 31, 1995, H. Res. 43]. Many committee rules still allow the Chair to call a hearing with less than a week's notice. This should be changed.

5. Model rule 3(d)(2) includes the proposed change for the 105th Congress to require non-governmental witnesses to include with their advance written testimony a curriculum vitae and disclosure by source and amount of Federal grants and contracts received in the current and preceding two fiscal years. Since the proposed House rule includes the language, "Each committee shall, to the greatest extent practicable, require witnesses" to provide advance copies of their statements with the required information (for non-governmental witnesses), the failure of a witness to fully comply would not give rise to a point of order to prevent the witness from testifying. However, the best means of ensuring compliance would be for the chairman to object to including the witness' written testimony in the hearing record until the witness has provided the required information for inclusion. The committee is not required to publish written testimony in its hearing record; this is done by unanimous consent, subject to objection by any member.

6. Model rule 3(d)(3)(B) includes the proposed change in House rules that allows a committee, by committee rule or motion, to permit designated members or staff to question witnesses for periods longer than 5 minutes. Since this is discretionary, even if you do not include this in your committee rules, it is in order at any hearing to consider a motion to allow for such extended questioning for that day (or series of hearings).

7. Model rule 4(d) references the clauses of House Rules that require certain matters to be included in committee reports. If your rules specify these matters, you should be aware that clause 2(l)(4) of House Rule XI is proposed to be amended in the 105th Congress to repeal the inflation impact statement requirement and replace it with a "Constitutional Authority Statement" requirement.

8. Model rule 4(e) includes the newly proposed House Rule change for the 105th that shortens the time frame for filing views with a report from three days after a measure is ordered reported to two days. Moreover, the change gives committees automatic leave until an hour after midnight on that second day to file the report if the opportunity for views has been requested. Where there has been no request by members to file views, there is no automatic right to file a report when the House is not in session. Example #1: If you order a bill reported on a Wednesday, and a request has been made to file views, you will have until an hour after midnight on Friday (two days after approval), to file your report with the views, even if the House is not in session on Friday. Example #2: If you order a bill reported on Wednesday, and no request is made for the filing of views, you may only file your report on a day when and while the House is in session, unless special leave is requested of the House, e.g., to have until midnight Friday to file.

9. Model rule 4(f) reflects the proposed new House rule that permits committees to file investigative or oversight reports at any time after the last session of a Congress has adjourned sine die, and permits committee members to have seven calendar days to file views "if timely requested." The model rule has been drafted to make clear that the report must be approved by the committee (either prior to sine die adjournment or at a regularly scheduled meeting thereafter), and the request for filing views must be made at the time of approval of the report.

10. Model rule 4(g) permits committee activity reports to be filed after the sine die adjournment of the last session of a Congress without committee approval, but again permitting members seven calendar days in which to file views. The seven days begin on the date on which the report is made available to members of the committee. Under the current practice committees are given special leave of the House to file their activities reports after the sine die adjournment, and it is understood that they need not meet to approve them. However, it is also understood that the opportunity to file views still applies (currently three days excluding Saturdays, Sundays, and legal holidays except when the House is in session). The new seven day time frame does not exclude weekends and holidays (nor does the preceding rule's authority on investigative reports).

11. Model rule 7(a) reflects House Rule XI, clause 6 of rule XI regarding the appointment of committee staff. Each committee is entitled to not more than 30 professional staff which must be approved by vote of the committee. Rule XI, clause 6(a)) The minority is entitled to 10 of the 30 professional staff (approved by a majority of the minority), but subject to rejection by a majority of the committee, in which case the minority can nominate another staffer (clause 6(b) of rule XI). Additional staff (beyond the core staff of 30 professionals) are not subject to approval by the committee.

12. Model rule 9(b) reflects the newly proposed House rule for the 105th Congress that committees make their "publications" available in electronic form, "to the maximum extent feasible." Guidelines as to what materials should be made available and on what sites will be developed with committee staff directors, House Oversight, and H.I.R. As a general rule of thumb to begin with, a "publication" should be considered anything in written form which the committee makes available to the public which is feasible to put on the Internet. It should not be confined to official documents filed with the Clerk and/or published by GPO.