[House Prints 110-A]
[From the U.S. Government Publishing Office]
110th Congress 1st Committee
Session COMMITTEE PRINT Print 110-A
_______________________________________________________________________
COMMITTEE ON HOMELAND SECURITY
U.S. HOUSE OF REPRESENTATIVES
__________
RULES AND APPENDIX
for the
COMMITTEE ON HOMELAND SECURITY
during the
ONE HUNDRED TENTH CONGRESS
FIRST SESSION
__________
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Adopted February 2007
U.S. GOVERNMENT PRINTING OFFICE
33-583 PDF WASHINGTON : 2007
COMMITTEE ON HOMELAND SECURITY
BENNIE G. THOMPSON, Mississippi, Chairman
LORETTA SANCHEZ, California, Vice PETER T. KING, New York
Chair LAMAR SMITH, Texas
EDWARD J. MARKEY, Massachusetts CHRISTOPHER SHAYS, Connecticut
NORMAN D. DICKS, Washington MARK E. SOUDER, Indiana
JANE HARMAN, California TOM DAVIS, Virginia
PETER A. DeFAZIO, Oregon DANIEL E. LUNGREN, California
NITA M. LOWEY, New York MIKE ROGERS, Alabama
ELEANOR HOLMES NORTON, BOBBY JINDAL, Louisiana
District of Columbia DAVID G. REICHERT, Washington
ZOE LOFGREN, California MICHAEL T. McCAUL, Texas
SHEILA JACKSON-LEE, Texas CHARLES W. DENT, Pennsylvania
DONNA M. CHRISTENSEN, GINNY BROWN-WAITE, Florida
U.S. Virgin Islands GUS M. BILIRAKIS, Florida
BOB ETHERIDGE, North Carolina DAVID DAVIS, Tennessee
JAMES R. LANGEVIN, Rhode Island PAUL C. BROUN, Georgia
HENRY CUELLAR, Texas
CHRISTOPHER P. CARNEY, Pennsylvania
YVETTE D. CLARKE, New York
AL GREEN, Texas
ED PERLMUTTER, Colorado
Jessica Herrera-Flanigan, Staff Director & General Counsel
Rosaline Cohen, Chief Counsel
Michael Twinchek, Chief Clerk
Robert O'Connor, Minority Staff Director
(II)
C O N T E N T S
Rules of the Committee
Rule I--General Provisions................................... 1
Rule II--Time of Meetings.................................... 1
Rule III--Notice and Publication............................. 2
Rule IV--Open Meetings and Hearings; Broadcasting............ 2
Rule V--Procedures for Meeting and Hearings.................. 3
Rule VI--Witnesses........................................... 4
Rule VII--Quorum............................................. 5
Rule VIII--Decorum........................................... 5
Rule IX--Subcommittees....................................... 5
Rule X--Referrals to Subcommittees........................... 6
Rule XI--Subpoenas........................................... 7
Rule XII--Committee Staff.................................... 8
Rule XIII--Member and Staff Travel........................... 8
Rule XIV--Classified and Other Confidential Information...... 9
Rule XV--Committee Records................................... 10
Rule XVI--Changes to Committee Rules......................... 12
Appendix
Comittee on Homeland Security and Access Control Policy...... 13
Applicable Provisions of House Rules......................... 21
Legislative History to accompany changes to Rule X, 109th
Congress................................................... 76
Memorandum of Understanding.................................. 80
(III)
COMMITTEE RULES
Adopted January 23, 2007
RULE I. GENERAL PROVISIONS.
(A) Applicability of the Rules of the U.S. House of
Representatives.-- The Rules of the U.S. House of
Representatives (the ``House'') are the rules of the
Committee on Homeland Security (the ``Committee'') and
its subcommittees insofar as applicable.
(B) Applicability to Subcommittees.--Except where the
terms ``Full Committee'' and ``subcommittee'' are
specifically mentioned, the following rules shall apply
to the Committee's subcommittees and their respective
Chairmen and Ranking Minority Members to the same
extent as they apply to the Full Committee and its
Chairman and Ranking Minority Member.
(C) Appointments by the Chairman.--The Chairman shall
designate a Member of the Majority party to serve as
Vice Chairman of the Full Committee. The Vice Chairman
of the Full Committee shall preside at any meeting or
hearing of the Full Committee during the temporary
absence of the Chairman. In the absence of both the
Chairman and Vice Chairman, the Chairman's designee
shall preside.
(D) Recommendation of Conferees.--Whenever the Speaker
of the House is to appoint a conference committee on a
matter within the jurisdiction of the Full Committee,
the Chairman shall recommend to the Speaker of the
House conferees from the Full Committee. In making
recommendations of Minority Members as conferees, the
Chairman shall do so with the concurrence of the
Ranking Minority Member of the Committee.
(E) Motions To Disagree.--The Chairman is directed to
offer a motion under clause 1 of Rule XXII of the Rules
of the House whenever the Chairman considers it
appropriate.
(F) Committee Website.--The Chairman shall maintain an
official Committee web site for the purposes of
furthering the Committee's legislative and oversight
responsibilities, including communicating information
about the Committee's activities to Committee Members,
other Members and the public at large. The Ranking
Minority Member may maintain a similar website for the
same purposes.
RULE II.--TIME OF MEETINGS.
(A) Regular Meeting Date.--The regular meeting date and
time for the transaction of business of the Full
Committee shall be on the first Wednesday that the
House is in Session each month, unless otherwise
directed by the Chairman.
(B) Additional Meetings.--At the discretion of the
Chairman, additional meetings of the Committee may be
scheduled for the consideration of any bill or other
matters pending before the Committee or to conduct
other Committee business. The Committee shall meet for
such purposes pursuant to the call of the Chairman.
(C) Consideration.--Except in the case of a special
meeting held under clause 2(c)(2) of House Rule XI, the
determination of the business to be considered at each
meeting of the Committee shall be made by the Chairman.
RULE III.--NOTICE AND PUBLICATION.
(A) Notice.--
(1) Hearings.--The date, time, place and
subject matter of any hearing of the Committee
shall, except as provided in the Committee
rules, be announced by notice at least one week
in advance of the commencement of such hearing.
The names of all witnesses scheduled to appear
at such hearing shall be provided to Members no
later than 48 hours prior to the commencement
of such hearing. These notice requirements may
be waived by the Chairman with the concurrence
of the Ranking Minority Member.
(2) Meetings. -- The date, time, place and
subject matter of any meeting, other than a
hearing or a regularly scheduled meeting, shall
be announced at least 36 hours in advance of a
meeting to take place on a day the House is in
session, and 72 hours in advance of a meeting
to take place on a day the House is not in
session, except in the case of a special
meeting called under clause 2(c)(2) of House
Rule XI. These notice requirements may be
waived by the Chairman with the concurrence of
the Ranking Minority Member.
(a) Copies of any measure to be
considered for approval by the
Committee at any meeting, including any
mark, print or amendment in the nature
of a substitute shall be provided to
the Members at least 24 hours in
advance.
(b) The requirement in subsection (a)
may be waived or abridged by the
Chairman, with advance notice to the
Ranking Minority Member.
(3) Publication. -- The meeting or hearing
announcement shall be promptly published in the
Daily Digest portion of the Congressional
Record. To the greatest extent practicable,
meeting announcements shall be entered into the
Committee scheduling service of the House
Information Resources.
RULE IV.--OPEN MEETINGS AND HEARINGS; BROADCASTING.
(A) Open Meetings. -- All meetings and hearings of the
Committee shall be open to the public including to
radio, television and still photography coverage,
except as provided by Rule XI of the Rules of the House
or when the Committee, in open session and with a
Majority present, determines by recorded vote that all
or part of the remainder of that hearing on that day
shall be closed to the public because disclosure of
testimony, evidence, or other matters to be considered
would endanger the national security, compromise
sensitive law enforcement information, tend to defame,
degrade or incriminate a witness, or violate any law or
rule of the House of Representatives.
(B) Broadcasting. -- Whenever any hearing or meeting
conducted by the Committee is open to the public, the
Committee shall permit that hearing or meeting to be
covered by television broadcast, internet broadcast,
print media, and still photography, or by any of such
methods of coverage, in accordance with the provisions
of clause 4 of Rule XI of the Rules of the House.
Operation and use of any Committee operated broadcast
system shall be fair and nonpartisan and in accordance
with clause 4(b) of Rule XI and all other applicable
rules of the Committee and the House. Priority shall be
given by the Committee to members of the Press
Galleries.
(C) Transcripts.--A transcript shall be made of the
testimony of each witness appearing before the
Committee during a Committee hearing. All transcripts
of meetings or hearings that are open to the public
shall be made available.
RULE V.--PROCEDURES FOR MEETINGS AND HEARINGS.
(A) Opening Statements.--At any meeting of the
Committee, the Chairman and Ranking Minority Member
shall be entitled to present oral opening statements of
five minutes each. Other Members may submit written
opening statements for the record. The Chairman
presiding over the meeting may permit additional
opening statements by other Members of the Full
Committee or of that subcommittee, with the concurrence
of the Ranking Minority Member.
(B) The Five-Minute Rule.--The time any one Member may
address the Committee on any bill, motion, or other
matter under consideration by the Committee shall not
exceed five minutes, and then only when the Member has
been recognized by the Chairman, except that this time
limit may be extended when permitted by unanimous
consent.
(C) Postponement of Vote.--The Chairman may postpone
further proceedings when a record vote is ordered on
the question of approving any measure or matter or
adopting an amendment. The Chairman may resume
proceedings on a postponed vote at any time, provided
that all reasonable steps have been taken to notify
Members of the resumption of such proceedings. When
proceedings resume on a postponed question,
notwithstanding any intervening order for the previous
question, an underlying proposition shall remain
subject to further debate or amendment to the same
extent as when the question was postponed.
(D) Contempt Procedures.--No recommendation that a
person be cited for contempt of Congress shall be
forwarded to the House unless and until the Full
Committee has, upon notice to all its Members, met and
considered the alleged contempt. The person to be cited
for contempt shall be afforded, upon notice of at least
72 hours, an opportunity to state why he or she should
not be held in contempt prior to a vote of the Full
Committee, with a quorum being present, on the question
whether to forward such recommendation to the House.
Such statement shall be, in the discretion of the
Chairman, either in writing or in person before the
Full Committee.
RULE VI.--WITNESSES.
(A) Questioning of Witnesses.--
(1) Questioning of witnesses by Members will be
conducted under the five-minute rule unless the
Committee adopts a motion permitted by House
Rule XI (2)(j)(2).
(2) In questioning witnesses under the 5-minute
rule, the Chairman and the Ranking Minority
Member shall first be recognized. In a
subcommittee meeting or hearing, the Chairman
and Ranking Minority Member of the Full
Committee are then recognized. All other
Members that arrive before the commencement of
the meeting or hearing will be recognized in
the order of seniority on the Committee,
alternating between Majority and Minority
Members. Committee Members arriving after the
commencement of the hearing shall be recognized
in order of appearance, alternating between
Majority and Minority Members, after all
Members present at the beginning of the hearing
have been recognized. Each Member shall be
recognized at least once before any Member is
given a second opportunity to question a
witness.
(3) The Chairman, in consultation with the
Ranking Minority Member, or the Committee by
motion may permit an extension of the period of
questioning of a witness beyond five minutes
but the time allotted must be equally
apportioned to the Majority party and the
Minority and may not exceed one hour in the
aggregate.
(4) The Chairman, in consultation with the
Ranking Minority Member, or the Committee by
motion may permit Committee staff of the
Majority and Minority to question a witness for
a specified, total period that is equal for
each side and not longer than 30 minutes for
each side.
(B) Minority Witnesses.--Whenever a hearing is
conducted by the Committee upon any measure or matter,
the Minority party Members on the Committee shall be
entitled, upon request to the Chairman by a Majority of
those Minority Members before the completion of such
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.
(C) Oath or Affirmation.--The Chairman of the Committee
or any Member designated by the Chairman, may
administer an oath to any witness.
(D) Statements by Witnesses.--
(1) Consistent with the notice given, witnesses
shall submit a prepared or written statement
for the record of the proceedings (including,
where practicable, an electronic copy) with the
Clerk of the Committee no less than 48 hours in
advance of the witness's appearance before the
Committee. Unless the 48 hour requirement is
waived or otherwise modified by the Chairman
after consultation with the Ranking Minority
Member, the failure to comply with this
requirement may result in the exclusion of the
written testimony from the hearing record and/
or the barring of an oral presentation of the
testimony.
(2) To the greatest extent practicable, the
written testimony of each witness appearing in
a non-governmental capacity shall include a
curriculum vitae and a disclosure of the amount
and source (by agency and program) of any
Federal grant (or subgrant thereof) or contract
(or subcontract thereof) received during the
current fiscal year or either of the two
preceding fiscal years by the witness or by an
entity represented by the witness to the extent
that such information is relevant to the
subject matter of, and the witness'
representational capacity at, the hearing.
RULE VII.--QUORUM.
Quorum Requirements.--Two Members shall constitute a
quorum for purposes of taking testimony and receiving
evidence. One-third of the Members of the Committee
shall constitute a quorum for conducting business,
except for (1) reporting a measure or recommendation;
(2) closing Committee meetings to the public, pursuant
to Committee Rule IV; (3) authorizing the issuance of
subpoenas; and (4) any other action for which an actual
majority quorum is required by any rule of the House of
Representatives or by law. The Chairman shall make
reasonable efforts, including consultation with the
Ranking Minority Member when scheduling meetings and
hearings, to ensure that a quorum for any purpose will
include at least one minority Member of the Committee.
RULE VIII.--DECORUM.
(A) Breaches of Decorum.--The Chairman may punish
breaches of order and decorum, by censure and exclusion
from the hearing; and the Committee may cite the
offender to the House for contempt.
(B) Access to Dais.--Access to the dais before, during
and after a hearing, markup or other meeting of the
Committee shall be limited to Members and staff of the
Committee. Subject to availability of space on the
dais, a Member may have a personal staff present on the
dais during periods when the Member is seated on the
dais at the hearing.
(C) Wireless Communications Use Prohibited.-- During a
hearing, mark-up, or other meeting of the Committee,
ringing or audible sounds or conversational use of
cellular telephones or other electronic devices is
prohibited in the Committee room.
RULE IX.--SUBCOMMITTEES.
(A) Generally.--The Full Committee shall be organized
into the following six standing subcommittees:
(1) Subcommittee on Border, Maritime and Global
Counterterrorism;
(2) Subcommittee on Emergency Communications,
Preparedness, and Response;
(3) Subcommittee on Transportation Security and
Infrastructure Protection;
(4) Subcommittee on Intelligence, Information
Sharing, and Terrorism Risk Assessment;
(5) Subcommittee on Emerging Threats,
Cybersecurity, and Science and Technology; and
(6) Subcommittee on Management, Investigations,
and Oversight.
(B) Selection and Ratio of Subcommittee Members.--The
Chairman and Ranking Member of the Full Committee shall
select their respective Members of each subcommittee.
The ratio of Majority to Minority Members shall be
comparable to the ratio of Majority to Minority Members
on the Full Committee, except that each subcommittee
shall have at least two more Majority Members than
Minority Members.
(C) Ex Officio Members.--The Chairman and Ranking
Minority Member of the Full Committee shall be ex
officio members of each subcommittee but are not
authorized to vote on matters that arise before each
subcommittee. The Chairman and Ranking Minority Member
of the Full Committee shall not be counted to satisfy
the quorum requirement for any purpose other than
taking testimony unless they are regular members of
that subcommittee.
(D) Powers and Duties of Subcommittees.--Except as
otherwise directed by the Chairman of the Full
Committee, each subcommittee is authorized to meet,
hold hearings, receive testimony, mark up legislation,
and report to the Full Committee on all matters within
its purview. Subcommittee Chairmen shall set hearing
and meeting dates only with the approval of the
Chairman of the Full Committee. To the greatest extent
practicable, no more than one meeting and hearing
should be scheduled for a given time.
(E) Special Voting Provision.--If a tie vote occurs in
a subcommittee on the question of reporting any measure
to the Full Committee, the measure shall be placed on
the agenda for Full Committee consideration as if it
had been ordered reported by the subcommittee without
recommendation.
(F) Task Forces or Select Subcommittees.--The Chairman,
with the concurrence of the Ranking Minority Member,
may create task forces of limited duration to carry out
specifically enumerated duties and functions within the
jurisdiction of the Committee subject to any
limitations provided for in the House Rules or other
Caucus or Conference Rules. Any task force created
under this rule shall be subject to all applicable
Committee and House rules and other laws in the conduct
of its duties and functions.
RULE X.--REFERRALS TO SUBCOMMITTEES.
Referral of Bills and Other Matters by Chairman.--
Except for bills and other matters retained by the
Chairman for Full Committee consideration, each bill or
other matters referred to the Full Committee shall be
referred by the Chairman to one or more subcommittees.
In referring any measure or matter to a subcommittee,
the Chair may specify a date by which the subcommittee
shall report thereon to the Full Committee. Bills or
other matters referred to subcommittees may be
reassigned or discharged by the Chairman.
RULE XI.--SUBPOENAS.
(A) Authorization.--Pursuant to clause 2(m) of Rule XI
of the House, a subpoena may be authorized and issued
under the seal of the House and attested by the Clerk
of the House, and may be served by any person
designated by the Full Committee for the furtherance of
an investigation with authorization by--
(1) a majority of the Full Committee, a quorum
being present; or
(2) the Chairman of the Full Committee, after
consultation with the Ranking Minority Member
of the Full Committee, during any period for
which the House has adjourned for a period in
excess of 3 days when, in the opinion of the
Chairman of the Full Committee, authorization
and issuance of the subpoena is necessary to
obtain the material or testimony set forth in
the subpoena. The Chairman of the Full
Committee shall notify Members of the Committee
of the authorization and issuance of a subpoena
under this rule as soon as practicable, but in
no event later than one week after service of
such subpoena.
(B) Disclosure.--Provisions may be included in a
subpoena with the concurrence of the Chairman and the
Ranking Minority Member of the Full Committee, or by
the Committee, to prevent the disclosure of the Full
Committee's demands for information when deemed
necessary for the security of information or the
progress of an investigation, including but not limited
to prohibiting the revelation by witnesses and their
counsel of Full Committee's inquiries.
(C) Subpoena duces tecum.--A subpoena duces tecum may
be issued whose return to the Committee Clerk shall
occur at a time and place other than that of a
regularly scheduled meeting.
(D) Affidavits and Depositions.--The Chairman of the
Full Committee, in consultation with the Ranking
Minority Member of the Full Committee, or the Committee
may authorize the taking of an affidavit or deposition
with respect to any person who is subpoenaed under
these rules but who is unable to appear in person to
testify as a witness at any hearing or meeting. Notices
for the taking of depositions shall specify the date,
time and place of examination. Depositions shall be
taken under oath administered by a Member or a person
otherwise authorized by law to administer oaths. Prior
consultation with the Ranking Minority Member of the
Full Committee shall include written notice three
business days before any deposition is scheduled to
provide an opportunity for Minority staff to be present
during the questioning.
RULE XII.--COMMITTEE STAFF.
(A) Generally.--Committee staff members are subject to
the provisions of clause 9 of House Rule X and must be
eligible to be considered for routine access to
classified information.
(B) Staff Assignments.--For purposes of these rules,
Committee staff means the employees of the Committee,
detailees, fellows or any other person engaged by
contract or otherwise to perform services for, or at
the request of, the Committee. All such persons shall
be either Majority, Minority, or shared staff. The
Chairman shall appoint, determine remuneration of,
supervise and may remove Majority staff. The Ranking
Minority Member shall appoint, determine remuneration
of, supervise and may remove Minority staff. In
consultation with the Ranking Minority Member, the
Chairman may appoint, determine remuneration of,
supervise and may remove shared staff that is assigned
to service of the Committee. The Chairman shall certify
Committee staff appointments, including appointments by
the Ranking Minority Member, as required.
(C) Divulgence of Information.--Prior to the public
acknowledgement by the Chairman or the Committee of a
decision to initiate an investigation of a particular
person, entity, or subject, no member of the Committee
staff shall knowingly divulge to any person any
information, including non-classified information,
which comes into his or her possession by virtue of his
or her status as a member of the Committee staff, if
the member of the Committee staff has a reasonable
expectation that such information may alert the subject
of a Committee investigation to the existence, nature,
or substance of such investigation, unless authorized
to do so by the Chairman or the Committee.
RULE XIII.--MEMBER AND STAFF TRAVEL
(A) Approval of Travel.--Consistent with the primary
expense resolution and such additional expense
resolutions as may have been approved, travel to be
reimbursed from funds set aside for the Committee for
any Member or any Committee staff shall be paid only
upon the prior authorization of the Chairman. Travel
may be authorized by the Chairman for any Member and
any Committee staff only in connection with official
Committee business, such as the attendance of hearings
conducted by the Committee and meetings, conferences,
site visits, and investigations that involve activities
or subject matter under the general jurisdiction of the
Full Committee.
(1) Proposed Travel by Majority Party Members
and Staff.--
In the case of proposed travel by Majority
party Members or Committee staff, before such
authorization is given, there shall be
submitted to the Chairman in writing the
following: (a) the purpose of the travel; (b)
the dates during which the travel is to be made
and the date or dates of the event for which
the travel is being made; (c) the location of
the event for which the travel is to be made;
and (d) the names of Members and staff seeking
authorization. On the basis of that
information, the Chairman shall determine
whether the proposed travel is for official
Committee business, concerns subject matter
within the jurisdiction of the Full Committee,
and is not excessively costly in view of the
Committee business proposed to be conducted.
(2) Proposed Travel by Minority Party Members
and Staff.--
In the case of proposed travel by Minority
party Members or Committee staff, the Ranking
Minority Member shall provide to the Chairman a
written representation setting forth the
information specified in items (a), (b), (c),
and (d) of subparagraph (1) and his or her
determination that such travel complies with
the other requirements of subparagraph (1).
(B) Foreign Travel.--All Committee Member and staff
requests for Committee-funded foreign travel must be
submitted to the Chairman, through the Chief Financial
Officer of the Committee, not less than seven business
days prior to the start of the travel. Within 60 days
of the conclusion of any such foreign travel authorized
under this rule, there shall be submitted to the
Chairman a written report summarizing the information
gained as a result of the travel in question, or other
Committee objectives served by such travel.
RULE XIV.--CLASSIFIED AND OTHER CONFIDENTIAL INFORMATION.
(A) Security Precautions.--Committee staff offices,
including Majority and Minority offices, shall operate
under strict security precautions administered by the
Security Officer of the Committee. A security officer
shall be on duty at all times during normal office
hours. Classified documents and sensitive but
unclassified (SBU) documents (including but not limited
to those marked with dissemination restrictions such as
Sensitive Security Information (SSI), Law Enforcement
Sensitive (LES), For Official Use Only (FOUO), or
Critical Infrastructure Information (CII)) may be
examined only in an appropriately secure manner. Such
documents may be removed from the Committee's offices
in furtherance of official Committee business.
Appropriate security procedures shall govern the
handing of such documents removed from the Committee's
offices.
(B) Temporary Custody of Executive Branch Material.--
Executive branch documents or other materials
containing classified information in any form that were
not made part of the record of a Committee hearing, did
not originate in the Committee or the House, and are
not otherwise records of the Committee shall, while in
the custody of the Committee, be segregated and
maintained by the Committee in the same manner as
Committee records that are classified. Such documents
and other materials shall be returned to the Executive
branch agency from which they were obtained at the
earliest practicable time.
(C) Access by Committee Staff.--Access to classified
information supplied to the Committee shall be limited
to Committee staff members with appropriate security
clearance and a need-to-know, as determined by the
Chairman and Ranking Minority Member and under their
direction of the Majority and Minority Staff Directors.
(D) Maintaining Confidentiality.--No Member of the
Committee or Committee staff shall disclose, in whole
or in part or by way of summary, to any person who is
not a Member of the Committee or an authorized member
of Committee staff for any purpose or in connection
with any proceeding, judicial or otherwise, any
testimony given before the Committee in executive
session. Classified information and sensitive but
unclassified (SBU) information (including but not
limited to documents marked with dissemination
restrictions such as Sensitive Security Information
(SSI), Law Enforcement Sensitive (LES), For Official
Use Only (FOUO), or Critical Infrastructure Information
(CII)) shall be handled in accordance with all
applicable provisions of law and consistent with the
provisions of these rules.
(E) Oath.--Before a Member or Committee staff member
may have access to classified information, the
following oath (or affirmation) shall be executed:
I do solemnly swear (or affirm) that I will not
disclose any classified information received in
the course of my service on the Committee on
Homeland Security, except as authorized by the
Committee or the House of Representatives
or in accordance with the Rules of such
Committee or the Rules of the House.
Copies of the executed oath (or affirmation) shall be retained
by the Clerk as part of the records of the Committee.
(F) Disciplinary Action.--The Chairman shall
immediately consider disciplinary action in the event
any Committee Member or member of the Committee staff
fails to conform to the provisions of these rules
governing the disclosure of classified or unclassified
information. Such disciplinary action may include, but
shall not be limited to, immediate dismissal from the
Committee staff, criminal referral to the Justice
Department, and notification of the Speaker of the
House. With respect to Minority party staff, the
Chairman shall consider such disciplinary action in
consultation with the Ranking Minority Member.
RULE XV.--COMMITTEE RECORDS
(A) Committee Records.--Committee Records shall
constitute all data, charts and files in possession of
the Committee and shall be maintained in accordance
with House Rule XI, clause 2(e).
(B) Legislative Calendar.--The Clerk of the Committee
shall maintain a printed calendar for the information
of each Committee Member showing any procedural or
legislative measures considered or scheduled to be
considered by the Committee, and the status of such
measures and such other matters as the Committee
determines shall be included. The calendar shall be
revised from time to time to show pertinent changes. A
copy of such revisions shall be made available to each
Member of the Committee upon request.
(C) Members Right To Access.--Members of the Committee
and of the House shall have access to all official
Committee Records. Access to Committee files shall be
limited to examination within the Committee offices at
reasonable times. Access to Committee Records that
contain classified information shall be provided in a
manner consistent with these rules.
(D) Removal of Committee Records.--Files and records of
the Committee are not to be removed from the Committee
offices. No Committee files or records that are not
made publicly available shall be photocopied by any
Member.
(E) Executive Session Records.--Evidence or testimony
received by the Committee in executive session shall
not be released or made available to the public unless
agreed to by the Committee. Members may examine the
Committee's executive session records, but may not make
copies of, or take personal notes from, such records.
(F) Public Inspection.--The Committee shall keep a
complete record of all Committee action including
recorded votes. Information so available for public
inspection shall include a description of each
amendment, motion, order or other proposition and the
name of each Member voting for and each Member voting
against each such amendment, motion, order, or
proposition, as well as the names of those Members
present but not voting. Such record shall be made
available to the public at reasonable times within the
Committee offices.
(G) Separate and Distinct.--All Committee records and
files must be kept separate and distinct from the
office records of the Members serving as Chairman and
Ranking Minority Member. Records and files of Members'
personal offices shall not be considered records or
files of the Committee.
(H) Disposition of Committee Records.--At the
conclusion of each Congress, non-current records of the
Committee shall be delivered to the Archivist of the
United States in accordance with Rule VII of the Rules
of the House.
(I) Archived Records.--The records of the Committee at
the National Archives and Records Administration shall
be made available for public use in accordance with
Rule VII of the Rules of the House. The Chairman shall
notify the Ranking Minority Member of any decision,
pursuant to clause 3(b)(3) or clause 4(b) of the Rule,
to withhold a record otherwise available, and the
matter shall be presented to the Committee for a
determination on the written request of any member of
the Committee. The Chairman shall consult with the
Ranking Minority Member on any communication from the
Archivist of the United States or the Clerk of the
House concerning the disposition of noncurrent records
pursuant to clause 3(b) of the Rule.
RULE XVI.--CHANGES TO COMMITTEE RULES
These rules may be modified, amended, or repealed by the
Full Committee provided that a notice in writing of the
proposed change has been given to each Member at least 48 hours
prior to the meeting at which action thereon is to be taken.
A P P E N D I X
----------
COMMITTEE ON HOMELAND SECURITY
SECURITY AND ACCESS CONTROL POLICY
March 5, 2007
In accordance with Executive Order 12958 (Classified
National Security Information) and Rule XIV of the Committee on
Homeland Security (``Committee''), the following Security and
Access Control Policy is established. It shall apply to Members
of Congress, as well as all Majority and Minority professional
staff members, interagency detailees, and fellows (collectively
``Committee personnel''). It is effective from the time of this
writing through the end of the 110th Congress.
Section 1. Committee Security Officer
Subsection A. The Committee shall designate a
professional staff member, interagency detailee, or
fellow to serve as the Committee's full-time Security
Officer. The Security Officer shall serve as the
principle security liaison for the Committee with the
National Intelligence Council, the Office of the
Director of National Intelligence, and the 16 members
of the Intelligence Community.
Subsection B. The Committee Security Officer is the
principle liaison with the Capitol Police, and
coordinates security requests for classified hearings
and briefings, as well as meetings and travel for the
Members. In addition, the Security Officer shall serve
as the point of contact regarding threats to Committee
Members or witnesses, as appropriate, while Committee
business is occurring.
Subsection C. The Security Officer provides properly
justified requests for security clearances to the
Sergeant at Arms, and tracks the completion of security
clearances for staff. The Security Officer serves as
the point-of-contact for the Sergeant of Arms on all
security and clearance matters for the Committee.
Subsection D. The Security Officer is responsible for
receiving, inventorying, distributing, tracking, and
destroying the Committee's classified holdings, in
accordance with Department of Defense (DoD) and Central
Intelligence Agency (CIA) procedures. Responsibilities
also include SCIF access controls, clearance processing
for meetings on and outside Capitol Hill, and clearance
request processing and tracking.
Subsection E. The Security Officer is responsible for
the enforcement of this Security and Access Control
Policy. The Security Officer is responsible for
conducting investigations into the mishandling of
classified or sensitive materials, violations of the
Security and Access Control Policy, or any other breach
of security in cooperation with the Sergeant at Arms or
other relevant authorities. In this capacity, the
Security Officer shall report to the Chairman and the
Ranking Member, as appropriate, any violations of the
policy, as well as Committee and House Rules relating
to the protection of classified information.
Subsection F. The Security Officer shall arrange for
all staff with clearances to receive a yearly mandatory
training session on the proper use, storage, handling,
and destruction of classified and sensitive materials.
Subsection G. The Security Officer shall carry out his/
her duties in a fair and non-partisan manner, providing
the same consideration and right of access to
classified Committee holdings to Members and Committee
personnel from both the majority and minority parties.
Section 2. Appropriate Committee Space; Access to SCIF
Subsection A. (1) Currently, the Sensitive
Compartmented Information Facility (SCIF) located in
H2-176A Ford House Office Building is the only
Committee office area officially designated as secure
for the purpose of processing, storing, discussing,
transmitting, reproducing or disposing of classified
information for the normal course of day-to-day
Committee business.
(2) Any such processing, storing, discussing,
transmitting, reproducing or disposing of
classified information in the common areas of
Committee offices or otherwise outside a SCIF
or properly secured area is prohibited, except
that 1) classified information may, as deemed
appropriate, be displayed, disseminated, and
discussed in a Committee hearing room during
closed session pursuant to House Rule XI and
Committee Rule IV, following a security sweep
of the premises, and 2) certain classified
materials may, as appropriate, be reviewed and
discussed in an appropriately secured area or
on a secure phone that has been approved by the
Security Officer. Under no circumstances,
however, should personnel or Members discuss
classified information over unsecured
telephones, in public conveyances or places, or
in any other manner that permits interception
by unauthorized persons.
(3) This policy applies to documents, material,
and information provided to the Committee by
congressional or executive branch entities or
generated by the Committee in the course of its
activities that bear a classification of
Confidential, Secret or Top Secret, including
all codeword and special access classified
information.
(4) Electronic communication devices (including
but not limited to BlackBerries, cellular
phones, PDAs and/or pagers) cannot be taken
into the SCIF. Committee personnel will make
arrangements for the proper safekeeping of such
devices outside the meeting room.
Subsection B. The Security Officer will arrange for the
House Identification cards of the Majority and Minority
Staff Directors, the Chief Clerk, and the Intelligence,
Information Sharing and Terrorism Risk Assessment
Subcommittee Majority and Minority Directors to unlock
and access the SCIF during working hours. Access to the
SCIF will include the ability to access and use the
equipment, technology, and resources (e.g. designated
safe(s), STE, and classified computer(s)) located in
the SCIF. Any additional Committee staff SCIF ID access
requests must be approved by the Majority Staff
Director or Minority Staff Director. These individuals
will also be provided individual access to the
Committee's classified computer system for the creation
and storage of classified Committee documents.
Subsection C. The Security Officer shall be provided as
much advance notice as possible of any classified
briefings scheduled to occur in the SCIF. The Security
Officer shall be given a list, at least twenty-four
hours in advance, of all Members and Committee staff,
detailees, and fellows attending a briefing in the
SCIF.
Sections 3. Persons Eligible to Access Classified Committee
Holdings
Subsection A. Access to classified Committee holdings
are limited to Members of Congress and Committee
personnel with appropriate security clearances and a
need-to-know, as determined by the Chairman and Ranking
Minority Member and under the direction of the Majority
and Minority Staff Directors. Before a Member or
Committee personnel may have access to classified
information, they must sign the Oath for Access to
Classified Information in accordance with Committee
Rule XIV(E) and Clause 13 of House Rule XXIII.
Subsection B. Non-Committee Members having a need to
know, as determined by the Chairman and Ranking Member,
may access Committee holdings only if they have
complied with Clause 13 of House Rule XXIII. The
Chairman, in consultation with the Ranking Member, may
place additional restrictions on non-Committee Member
access to the Committee's classified committee holdings
as appropriate and necessary.
Section 4. Requests for Classified Materials to Be Delivered to
the Committee
SubSection A. The Security Officer shall be responsible
for processing and logging all requests to other
agencies or branches of the U.S. Government for
classified material to be delivered to the Committee.
Only the Security Officer is authorized to officially
process requests for classified material to be
delivered to the Committee.
Subsection B. Only the Security Officer and the Clerk
of the Committee shall be authorized to accept
classified holdings delivered to the Committee. In the
event a staff member inadvertently receives or opens an
envelope containing classified material, the individual
will not open the inner, marked envelope but shall
immediately report the receipt of the envelope to the
Committee Security Officer and await instructions.
Subsection C. When Committee personnel request written,
classified material from an agency in the normal course
of Committee business, that person shall notify the
Security Officer immediately of the request, so that a
formal written request can be sent on behalf of the
Committee. If the material requested is of an urgent
nature, the staffer shall notify of the Security
Officer of that fact. The delivery, acceptance, and
access to the requested material shall not be delayed
pending the written request. For all materials that are
deemed urgent, the Security Officer shall provide
notice to the requesting staffer and the appropriate
Staff Director upon receipt of the materials.
Notification for all other materials delivered to the
Committee shall be handled in accordance with Section
6, Subsection E.
Section 5. Requests for Review of Classified Holdings in the
SCIF.
Subsection A. All efforts to accommodate requests for
review of classified Committee holdings in the SCIF
will be made during work hours (9am-6pm). If after-
hours access is necessary, the relevant staff member
shall notify the Security Officer and appropriate Staff
Director in a timely manner to arrange for authorized
personnel to be present, in accordance with Section 8
below. If the Security Officer is not available to
accommodate a request, whether during business or
after-hours, Section 7 below shall govern.
Subsection B. Committee Members directly seeking to
review classified Committee holdings should contact the
Majority Staff Director or Minority Staff Director and
identify the specific Committee holdings requested for
review. Committee Member requests shall be treated as a
priority and all reasonable requests shall be
accommodated, as allowed by law, executive order, and
rules and policies of the House and the Committee.
Subsection C. Non-Committee Members directly seeking to
review classified Committee holdings should contact the
Majority Staff Director or Minority Staff Director and
identify the specific Committee holdings requested for
review. Such requests shall be accommodated, so long as
they do not interfere with requests from Committee
Members and the non-Committee Members need to know is
determined by the Chairman and Ranking Member. In order
to access a specific holding, non-Committee Members
must sign a Member Access Information Sheet identifying
the material and the time of arrival and departure of
Members requesting access to classified information.
The Security Officer, or a designated appropriately
cleared Committee staff member will be present while a
non-Committee Member reviews classified information.
The Security Officer will maintain the signed Member
Access Information Sheet.
Subsection D. (1) All Committee staff members will
inform the Security Officer in a timely fashion and
provide a brief explanation of his/her ``need-to-know''
when requesting specific Committee holdings.
(2) If a Committee staff member is
searching for holdings on a specific
subject area, the Security Officer will
be responsible for promptly informing
that personnel of all the relevant
holdings in the Committee's possession.
(3) General requests to browse the
classified inventory holdings from
Committee personnel will not be
granted, though the Majority and
Minority Staff Directors may designate
a specific individual on each of their
staffs to periodically review the
inventory list in furtherance of
Committee business.
Subsection E. The Security Officer will keep all
requests for access to specific classified material
confidential and not share any requests with any other
Committee Members or personnel, except where it is
necessary for the Security Officer to consult with
relevant Staff Directors to resolve any concerns with
the request
Section 6. Review of Classified Committee Holdings.
Subsection A. (1). It is expected that the storage,
production, reproduction, discussion, or review of
classified committee holdings will occur in the
Committee's SCIF. Any such storage, production,
reproduction, discussion, or review of classified
information in the common areas of Committee offices or
otherwise outside a SCIF or properly secured area is
prohibited, except that 1) classified information may,
as deemed appropriate, be displayed, disseminated, and
discussed in a Committee hearing room during closed
session pursuant to House Rule XI and Committee Rule
IV, following a security sweep of the premises, and 2)
certain classified materials may, as appropriate, be
reviewed and discussed in an appropriately secured area
or on a secure phone that has been approved by the
Security Officer. Under no circumstances, however,
should personnel or Members discuss classified
information over unsecured telephones, in public
conveyances or places, or in any other manner that
permits interception by unauthorized persons.
(2) In any event, no classified
Committee document will be removed from
the SCIF without the prior approval of
the Security Officer, in consultation
with the appropriate Staff Director(s).
Proper handling procedures must be
demonstrated and chain of custody
established prior to releasing such
documents. It is understood that if
classified committee holdings are
approved for removal from the SCIF, the
rooms where the classified material is
reviewed or discussed shall be secured
to the extent practicable to
accommodate the classification level of
the most sensitive material being
handled.
(3) This policy applies to documents,
material, and information provided to
the Committee by congressional or
executive branch entities that bear a
classification of Confidential, Secret
or Top Secret, including all codeword
and special access classified
information.
Subsection B. If documents are improperly removed from
the SCIF, the Majority Staff Director shall be
notified. If the matter involves the removal of
documents by a minority staff member, the Minority
Staff Director shall also be consulted.
Subsection C. No reproduction or recordings may be made
of any portion of the classified information reviewed
by Members or Committee staff. Any notes containing
classified information must be maintained within the
SCIF.
Subsection D. Classified documents newly created within
the SCIF or during closed session pursuant to Rule XI
and Committee Rule IV shall be marked according to the
highest level of classification contained in the
documents or testimony from which they originated. They
are also Committee holdings and must be treated as such
in accordance with Committee rules. The Majority and
Minority Staff Directors will be the only personnel to
classify such documents; their respective approval is
required.
Subsection E. A once weekly unclassified notice of
newly arrived documents shall be sent to the Majority
and Minority Staff Directors. As appropriate, the
Security Officer shall also notify the relevant Staff
Director(s) if any documents were requested by specific
Committee personnel. In addition, the Majority and
Minority Staff Directors shall assign an individual
from each of their respective offices to review the
Committee's inventory every December with the Security
Officer.
Section 7. Use of the STE in the SCIF
Any requests for accessing the STE shall be made to the
Security Officer in a timely fashion. All efforts to
accommodate requests will be made during work hours
(9am-6pm). If after-hours access is necessary, the
relevant staff member shall notify the Security Officer
and appropriate Staff Director in a timely manner to
arrange for authorized personnel to be present.
Section 8. Procedures for When the Security Officer is
Unavailable/Out of the Office
Subsection A. If a staff member has contacted the
Security Officer and the Officer is out of the office
or unavailable to provide access to the specific
holdings in a reasonable timeframe, then the requesting
staff member may inform the Majority or Minority Staff
Director of his or her ``need to know'' and the
respective Staff Director may approve access to the
specific holdings.
Subsection B. If approved, the staff member shall be
accompanied by the Clerk of the Committee or other
designated staff member, who shall provide access to
the SCIF and the classified holding in question. Only
the specified classified holding may be reviewed.
Subsection C. The accompanying staff member shall be
required to complete a Committee Personnel Access
Sheet, identifying the material and the time of arrival
and departure of the reviewing staff member and
attesting that the Committee's security and access
control policy was adhered to during the access and
review of the holding. Such sheet shall be left with
the Clerk's Office immediately after the accompanying
staff member leaves the SCIF.
Subsection D. In addition, if the staff member approved
for access is a minority staff member, the Minority
Staff Director shall notify the Majority Staff Director
that access has been approved and the staff member
should be allowed in the Majority offices to enter the
SCIF. If the request is for an after-hours review, the
Majority Staff Director will provide reasonable
accommodation and a majority staff member to escort the
staff member(s) in and out of the majority offices to
enter the SCIF.
Section 9. Procedures for Classified Hearings and Briefings
Subsection A. Classified hearings and briefings shall
be limited to Committee Members and Committee staff
members with appropriate security clearance and a need-
to-know, as determined by the Chairman and Ranking
Minority Member and under the direction of the Majority
and Minority Staff Directors. If appropriate and
necessary, the Chairman and Ranking Minority Member may
agree to make exceptions on a case-by-case basis to
allow attendance by appropriately cleared non-Committee
staff and Members with a need-to-know. All such
individuals allowed this exception must be in
compliance with all Committee and House rules regarding
access to information.
SubSection B. Requests by Committee personnel to attend
classified hearings or briefings held in secure areas
of other committees will also be governed by the
security procedures of the relevant committee. Requests
for access to such meetings will be made no later than
close of business the day before the event.
Subsection C. If Committee personnel organize a
classified briefing, meeting, or hearing for a space
outside of the Committee's offices, he/she shall notify
the Security Officer as soon as possible. The Security
Officer shall be responsible for assuring that
clearances are passed and arrangements are made for
such classified briefing or hearing.
Subsection D. No classified material provided at a
hearing, briefing or meeting may be removed from the
meeting room, except as provided in Subsection D of
this Section.
Subsection E. Any classified notes made by a Member or
staff during a classified hearing, briefing, or meeting
must be provided to Security Officer for secure storage
or proper disposal. If such classified hearing,
briefing, or meeting occurs in a secure setting outside
the Committee's offices, notes and materials may be
transported in an appropriate secure fashion to the
Committee offices for secure storage or proper disposal
by the Security Officer. For each such hearing,
briefing, and meeting, the Majority and Minority Staff
Directors shall each designate an appropriately cleared
staff member to handle the transportation of such
materials to the Security Officer.
Section 10. Committee Staff Clearances--Eligibility and
Processing
Subsection A. It is expected that all Committee
personnel shall apply for a security clearance, the
type of which shall be determined by the Majority and
Minority Staff Directors, respectively. Exceptions may
be determined necessary or appropriate by the Majority
and Minority Staff Director.
Subsection B. The Security Officer, upon being notified
by the Majority or Minority Staff Director that a
Committee staff member is in need of a clearance, shall
promptly facilitate the application and processing of
that staff member's clearance. The Security Officer
shall keep the staffer informed throughout the
clearance process, and, if problems arise, inform the
appropriate Staff Director.
Subsection C. On a monthly basis, the Security Officer
shall notify the Majority and Minority Staff Director
of the status of the security clearance reviews for
their respective Committee personnel.
Section 11. Violations of the Policy
The Chairman shall immediately consider disciplinary action
in the event any Committee Member or member of the Committee
staff fails to conform to this policy. Such disciplinary action
may include, but shall not be limited to, immediate dismissal
from the Committee staff, criminal referral to the Justice
Department, and notification of the Speaker of the House. With
respect to a Minority staffer, the Chairman shall consider such
disciplinary action in consultation with the Ranking Minority
Member.
------
APPLICABLE PROVISIONS OF HOUSE RULES
RULES
for the
HOUSE OF REPRESENTATIVES
ONE HUNDRED TENTH CONGRESS
(May 24, 2007)
----------
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 clause 4(b) 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); and
(b) with respect to an officer of the House
elected under rule II, an official, permanent
record made or acquired in the course of the
duties of such officer.
* * * * *
Withdrawal of papers
7. A memorial or other paper presented to the House may
not be withdrawn from its files without its leave. If
withdrawn certified copies thereof shall be left in the
office of the Clerk. When an act passes for the
settlement of a claim, the Clerk may transmit to the
officer charged with the settlement thereof the papers
on file in his office relating to such claim. The Clerk
may lend temporarily to an officer or bureau of the
executive departments any papers on file in his office
relating to any matter pending before such officer or
bureau, taking proper receipt therefore.
* * * * *
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:
* * * * *
(i) Committee on Homeland Security.
(1) Overall homeland security policy.
(2) Organization and administration of
the Department of Homeland Security.
(3) Functions of the Department of
Homeland Security relating to the
following:
(A) Border and port security
(except immigration policy and
non-border enforcement).
(B) Customs (except customs
revenue).
(C) Integration, analysis, and
dissemination of homeland
security information.
(D) Domestic preparedness for
and collective response to
terrorism.
(E) Research and development.
(F) Transportation security.
* * * * *
General oversight responsibilities
2. (a) The various standing committees shall have
general oversight responsibilities as provided in
paragraph (b) in order to assist the House in--
(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
Oversight and 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;
(D) have a view toward ensuring
that all significant laws,
programs, or agencies within
its jurisdiction are subject to
review every 10 years; and
(E) have a view toward insuring
against duplication of Federal
programs.
(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 Oversight and
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. (g) The Committee on Homeland Security shall review
and study on a continuing basis all Government
activities relating to homeland security, including the
interaction of all departments and agencies with the
Department of Homeland Security.
* * * * *
Additional functions of committees
4. (e)(1) Each standing committee shall, in its
consideration of all public bills and public joint
resolutions within its jurisdiction, ensure that
appropriations for continuing programs and activities
of the Federal Government and the government of the
District of Columbia will be made annually to the
maximum extent feasible and consistent with the nature,
requirement, and objective of the programs and
activities involved. In this subparagraph programs and
activities of the Federal Government and the government
of the District of Columbia includes programs and
activities of any department, agency, establishment,
wholly owned Government corporation, or instrumentality
of the Federal Government or of the government of the
District of Columbia.
(2) Each standing committee shall
review from time to time each
continuing program within its
jurisdiction for which appropriations
are not made annually to ascertain
whether the program should be modified
to provide for annual appropriations.
* * * * *
Budget Act responsibilities
4. (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. (a)(1) The standing committees specified in clause 1
shall be elected by the House within seven calendar
days after the commencement of each Congress, from
nominations submitted by the respective party caucus or
conference. A resolution proposing to change the
composition of a standing committee shall be privileged
if offered by direction of the party caucus or
conference concerned.
(b)(1) Membership on a standing committee
during the course of a Congress shall be
contingent on continuing membership in the
party caucus or conference that nominated the
Member, Delegate, or Resident Commissioner
concerned for election to such committee.
Should a Member, Delegate, or Resident
Commissioner cease to be a member of a
particular party caucus or conference, that
Member, Delegate, or Resident Commissioner
shall automatically cease to be a member of
each standing committee to which he was elected
on the basis of nomination by that caucus or
conference. The chairman of the relevant party
caucus or conference shall notify the Speaker
whenever a Member, Delegate, or Resident
Commissioner ceases to be a member of that
caucus or conference. The Speaker shall notify
the chairman of each affected committee that
the election of such Member, Delegate, or
Resident Commissioner to the committee is
automatically vacated under this subparagraph.
(2) (A) Except as specified in
subdivision (B), a Member, Delegate, or
Resident Commissioner may not serve
simultaneously as a member of more than
two standing committees or more than
four subcommittees of the standing
committees.
(B) (i) Ex officio service by a
chairman or ranking minority
member of a committee on each
of its subcommittees under a
committee rule does not count
against the limitation on
subcommittee service.
(ii) Service on an
investigative
subcommittee of the
Committee on Standards
of Official Conduct
under paragraph (a)(4)
does not count against
the limitation on
subcommittee service.
(iii) Any other
exception to the
limitations in
subdivision (A) may be
approved by the House
on the recommendation
of the relevant party
caucus or conference.
(C) In this subparagraph the
term ``subcommittee'' includes
a panel (other than a special
oversight panel of the
Committee on Armed Services),
task force, special
subcommittee, or other subunit
of a standing committee that is
established for a cumulative
period longer than six months
in a Congress.
(c)(1) One of the members of each standing
committee shall be elected by the House, on the
nomination of the majority party caucus or
conference, as chairman thereof. In the
temporary absence of the chairman, the member
next in rank (and so on, as often as the case
shall happen) shall act as chairman. Rank shall
be determined by the order members are named in
resolutions electing them to the committee. In
the case of a permanent vacancy in the elected
chairmanship of a committee, the House shall
elect another chairman.
(2) Except in the case of the Committee
on Rules, a member of a standing
committee may not serve as chairman of
the same standing committee, or of the
same subcommittee of a standing
committee, during more than three
consecutive Congresses (disregarding
for this purpose any service for less
than a full session in a Congress).
(d)(1) Except as permitted by subparagraph (2),
a committee may have not more than five
subcommittees.
(2) A committee that maintains a
subcommittee on oversight may have not
more than six subcommittees. The
Committee on Appropriations may have
not more than 13 subcommittees. The
Committee on Oversight and Government
Reform may have not more than seven
subcommittees.
(e) The House shall fill a vacancy on a
standing committee by election on the
nomination of the respective party caucus or
conference.
Expense resolutions
6. (a) Whenever a committee, commission, or other
entity (other than the Committee on Appropriations) is
granted authorization for the payment of its expenses
(including staff salaries) for a Congress, such
authorization initially shall be procured by one
primary expense resolution reported by the Committee on
House Administration. A primary expense resolution may
include a reserve fund for unanticipated expenses of
committees. An amount from such a reserve fund may be
allocated to a committee only by the approval of the
Committee on House Administration. A primary expense
resolution reported to the House may not be considered
in the House unless a printed report thereon was
available on the previous calendar day. For the
information of the House, such report shall--
(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 expendi tures 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 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 clause 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 clause 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 clause shall expire upon
adoption by the House of a primary expense
resolution for the committee.
(2) Amounts made available under this
clause 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 of 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(j)(1) of rule X. If such a vacancy
occurs on the professional staff when seven or
more persons have been so appointed who are
eligible to fill that vacancy, a majority of
the minority party members shall designate
which of those persons shall fill the vacancy.
(g) Each staff member appointed pursuant to a
request by minority party members under
paragraph (a), and each staff member appointed
to assist minority members of a committee
pursuant to an expense resolution described in
clause 6(a), shall be accorded equitable
treatment with respect to the fixing of the
rate of pay, the assignment of work facilities,
and the accessibility of committee records.
(h) Paragraph (a) may not be construed to
authorize the appointment of additional
professional staff members of a committee
pursuant to a request under paragraph (a) by
the minority party members of that committee if
10 or more professional staff members provided
for in paragraph (a)(1) who are satisfactory to
a majority of the minority party members are
otherwise assigned to assist the minority party
members.
(i) Notwithstanding paragraph (a)(2), a
committee may employ nonpartisan staff, in lieu
of or in addition to committee staff designated
exclusively for the majority or minority party,
by an affirmative vote of a majority of the
members of the majority party and of a majority
of the members of the minority party.
* * * * *
RULE XI
Procedures of Committees and Unfinished Business
In general
1. (a) (1) (A) The Rules of the House are the rules of
its committees and subcommittees so far as applicable.
(B) Each subcommittee is a part
of its committee and is subject
to the authority and direction
of that committee and to its
rules, so far as applicable.
(2) (A) In a committee or subcommittee
(i) a motion to recess
from day to day, or to
recess subject to the
call of the Chair
(within 24 hours),
shall be privileged:
and
(ii) a motion to
dispense with the first
reading (in full) of a
bill or resolution, if
printed copies are
available.
(B) A motion accorded privilege
under this usbparagraph shall
be decided without debate.
(b) (1) Each committee may conduct at any time
such investigations and studies as it considers
necessary or appropriate in the exercise of its
responsibilities under rule X. Subject to the
adoption of expense resolutions as required by
clause 6 of rule X, each committee may incur
expenses, including travel expenses, in
connection with such investigations and
studies.
(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(j)(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.
(3) A committee may adopt a rule
providing that the chairman be directed
to offer a motion under clause 1 of
rule XXII whenever the chairman
considers it appropriate.
Regular meeting days
(b) Each standing committee shall establish
regular meeting days for the conduct of its
business, which shall be not less frequent than
monthly. Each such committee shall meet for the
consideration of a bill or resolution pending
before the committee or the transaction of
other committee business on all regular meeting
days fixed by the committee unless otherwise
provided by written rule adopted by the
committee.
Additional and special meetings
(c)(1) The chairman of each standing committee
may call and convene, as he considers
necessary, additional and special meetings of
the committee for the consideration of a bill
or resolution pending before the committee or
for the conduct of other committee business,
subject to such rules as the committee may
adopt. The committee shall meet for such
purpose under that call of the chairman.
(2) Three or more members of a standing
committee may file in the offices of
the committee a written request that
the chairman call a special meeting of
the committee. Such request shall
specify the measure or matter to be
considered. Immediately upon the filing
of the request, the clerk of the
committee shall notify the chairman of
the filing of the request. If the
chairman does not call the requested
special meeting within three calendar
days after the filing of the request
(to be held within seven calendar days
after the filing of the request) a
majority of the members of the
committee may file in the offices of
the committee their written notice that
a special meeting of the committee will
be held. The written notice shall
specify the date and hour of the
special meeting and the measure or
matter to be considered. The committee
shall meet on that date and hour.
Immediately upon the filing of the
notice, the clerk of the committee
shall notify all members of the
committee that such special meeting
will be held and inform them of its
date and hour and the measure or matter
to be considered. Only the measure or
matter specified in that notice may be
considered at that special meeting.
Temporary absence of chairman
(d) A member of the majority party on each
standing committee or subcommittee 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.
Resolutions of inquiry
7. A report on a resolution of inquiry addressed to the head of
an executive department may be filed from the floor as
privileged. If such a resolution is not reported to the House
within 14 legislative days after its introduction, a motion to
discharge a committee from its consideration shall be
privileged.
Prohibition against proxy voting
(f) A vote by a member of a committee or
subcommittee with respect to any measure or
matter may not be cast by proxy.
Open meetings and hearings
(g)(1) Each meeting for the transaction of
business, including the markup of legislation,
by a standing committee or subcommittee thereof
(other than the Committee on Standards of
Official Conduct or its subcommittees) shall be
open to the public, including to radio,
television, and still photography coverage,
except when the committee or subcommittee, in
open session and with a majority present,
determines by record vote that all or part of
the remainder of the meeting on that day shall
be in executive session because disclosure of
matters to be considered would endanger
national security, would compromise sensitive
law enforcement information, would tend to
defame, degrade, or incriminate any person, or
otherwise would violate a law or rule of the
House. Persons, other than members of the
committee and such noncommittee Members,
Delegates, Resident Commissioner, congressional
staff, or departmental representatives as the
committee may authorize, may not be present at
a business or markup session that is held in
executive session. This subparagraph does not
apply to open committee hearings, which are
governed by clause 4(a)(1) of rule X or by
subparagraph (2).
(2)(A) Each hearing conducted by a
committee or subcommittee (other than
the Committee on Standards of Official
Conduct or its subcommittees) shall be
open to the public, including to radio,
television, and still photography
coverage, except when the committee or
subcommittee, in open session and with
a majority present, determines by
record vote that all or part of the
remainder of that hearing on that day
shall be closed to the public because
disclosure of testimony, evidence, or
other matters to be considered would
endanger national security, would
compromise sensitive law enforcement
information, or would violate a law or
rule of the House.
(B) Notwithstanding the
requirements of subdivision
(A), in the presence of the
number of members required
under the rules of the
committee for the purpose of
taking testimony, a majority of
those present may--
(i) agree to close the
hearing for the sole
purpose of discussing
whether testimony or
evidence to be received
would endanger national
security, would
compromise sensitive
law enforcement
information, or would
violate clause 2(k)(5);
or
(ii) agree to close the
hearing as provided in
clause 2(k)(5).
(C) A Member, Delegate, or
Resident Commissioner may not
be excluded from
nonparticipatory attendance at
a hearing of a committee or
subcommittee (other than the
Committee on Standards of
Official Conduct or its
subcommittees) unless the House
by majority vote authorizes a
particular committee or
subcommittee, for purposes of a
particular series of hearings
on a particular article of
legislation or on a particular
subject of investigation, to
close its hearings to Members,
Delegates, and the Resident
Commissioner by the same
procedures specified in this
subparagraph for closing
hearings to the public.
(D) The committee or
subcommittee may vote by the
same procedure described in
this subparagraph to close one
subsequent day of hearing,
except that the Committee on
Appropriations, the Committee
on Armed Services, and the
Permanent Select Committee on
Intelligence, and the
subcommittees thereof, may vote
by the same procedure to close
up to five additional,
consecutive days of hearings.
(3) The chairman of each committee
(other than the Committee on Rules)
shall make public announcement of the
date, place, and subject matter of a
committee hearing at least one week
before the commencement of the hearing.
If the chairman of the committee, with
the concurrence of the ranking minority
member, determines that there is good
cause to begin a hearing sooner, or if
the committee so determines by majority
vote in the presence of the number of
members required under the rules of the
committee for the transaction of
business, the chairman shall make the
announcement at the earliest possible
date. An announcement made under this
subparagraph shall be published
promptly in the Daily Digest and made
available in electronic form.
(4) Each committee shall, to the
greatest extent practicable, require
witnesses who appear before it to
submit in advance written statements of
proposed testimony and to limit their
initial presentations to the committee
to brief summaries thereof. In the case
of a witness appearing in a
nongovernmental capacity, a written
statement of proposed testimony shall
include a curriculum vitae and a
disclosure of the amount and source (by
agency and program) of each Federal
grant (or subgrant thereof) or contract
(or subcontract thereof) received
during the current fiscal year or
either of the two previous fiscal years
by the witness or by an entity
represented by the witness.
(5)(A) Except as provided in
subdivision (B), a point of order does
not lie with respect to a measure
reported by a committee on the ground
that hearings on such measure were not
conducted in accordance with this
clause.
(B) A point of order on the
ground described in subdivision
(A) may be made by a member of
the committee that reported the
measure if such point of order
was timely made and improperly
disposed of in the committee.
(6) This paragraph does not apply to
hearings of the Committee on
Appropriations under clause 4(a)(1) of
rule X.
Quorum requirements
(h)(1) A measure or recommendation may not be
reported by a committee unless a majority of
the committee is actually present.
(2) Each committee may fix the number
of its members to constitute a quorum
for taking testimony and receiving
evidence, which may not be less than
two.
(3) Each committee (other than the
Committee on Appropriations, the
Committee on the Budget, and the
Committee on Ways and Means) may fix
the number of its members to constitute
a quorum for taking any action other
than one for which the presence of a
majority of the committee is otherwise
required, which may not be less than
one-third of the members.
(4)(A) Each committee may adopt a rule
authorizing the chairman of a committee
or subcommittee--
(i) to postpone further
proceedings when a
record vote is ordered
on the question of
approving a measure or
matter or on adopting
an amendment; and
(ii) to resume
proceedings on a
postponed question at
any time after
reasonable notice.
(B) A rule adopted pursuant to
this subparagraph shall provide
that when proceedings resume on
a postponed question,
notwithstanding any intervening
order for the previous
question, an underlying
proposition shall remain
subject to further debate or
amendment to the same extent as
when the question was
postponed.
Limitation on committee sittings
(i) A committee may not sit during a joint
session of the House and Senate or during a
recess when a joint meeting of the House and
Senate is in progress.
Calling and questioning of witnesses
(j)(1) Whenever a hearing is conducted by a
committee on a measure or matter, the minority
members of the committee shall be entitled,
upon request to the chairman by a majority of
them before the completion of the hearing, to
call witnesses selected by the minority to
testify with respect to that measure or matter
during at least one day of hearing thereon.
(2)(A) Subject to subdivisions (B) and
(C), each committee shall apply the
five-minute rule during the questioning
of witnesses in a hearing until such
time as each member of the committee
who so desires has had an opportunity
to question each witness.
(B) A committee may adopt a rule or
motion permitting a specified number of
its members to question a witness for
longer than five minutes. The time for
extended questioning of a witness under
this subdivision shall be equal for the
majority party and the minority party
and may not exceed one hour in the
aggregate.
(C) A committee may adopt a rule or
motion permitting committee staff for
its majority and minority party members
to question a witness for equal
specified periods. The time for
extended questioning of a witness under
this subdivision shall be equal for the
majority party and the minority party
and may not exceed one hour in the
aggregate.
Hearing procedures
(k)(1) The chairman at a hearing shall announce
in an opening statement the subject of the
hearing.
(2) A copy of the committee rules and
of this clause shall be made available
to each witness on request.
(3) Witnesses at hearings may be
accompanied by their own counsel for
the purpose of advising them concerning
their constitutional rights.
(4) The chairman may punish breaches of
order and decorum, and of professional
ethics on the part of counsel, by
censure and exclusion from the
hearings; and the committee may cite
the offender to the House for contempt.
(5) Whenever it is asserted by a member
of the committee that the evidence or
testimony at a hearing may tend to
defame, degrade, or incriminate any
person, or it is asserted by a witness
that the evidence or testimony that the
witness would give at a hearing may
tend to defame, degrade, or incriminate
the witness--
(A) notwithstanding paragraph
(g)(2), such testimony or
evidence shall be presented in
executive session if, in the
presence of the number of
members required under the
rules of the committee for the
purpose of taking testimony,
the committee determines by
vote of a majority of those
present that such evidence or
testimony may tend to defame,
degrade, or incriminate any
person; and
(B) the committee shall proceed
to receive such testimony in
open session only if the
committee, a majority being
present, determines that such
evidence or testimony will not
tend to defame, degrade, or
incriminate any person. In
either case the committee shall
afford such person an
opportunity voluntarily to
appear as a witness, and
receive and dispose of requests
from such person to subpoena
additional witnesses.
(6) Except as provided in subparagraph
(5), the chairman shall receive and the
committee shall dispose of requests to
subpoena additional witnesses.
(7) Evidence or testimony taken in
executive session, and proceedings
conducted in executive session, may be
released or used in public sessions
only when authorized by the committee,
a majority being present.
(8) In the discretion of the committee,
witnesses may submit brief and
pertinent sworn statements in writing
for inclusion in the record. The
committee is the sole judge of the
pertinence of testimony and evidence
adduced at its hearing.
(9) A witness may obtain a transcript
copy of his testimony given at a public
session or, if given at an executive
session, when authorized by the
committee.
Supplemental, minority, or additional views
(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 (3)(A)--
(A) to sit and act at such
times and places within the
United States, whether the
House is in session, has
recessed, or has adjourned, and
to hold such hearings as it
considers necessary; and
(B) to require, by subpoena or
otherwise, the attendance and
testimony of such witnesses and
the production of such books,
records, correspondence,
memoranda, papers, and
documents as it considers
necessary.
(2) The chairman of the committee, or a
member designated by the chairman, may
administer oaths to witnesses.
(3)(A)(i) Except as provided in
subdivision (A)(ii), a subpoena may be
authorized and issued by a committee or
subcommittee under subparagraph (1)(B)
in the conduct of an investigation or
series of investigations or activities
only when authorized by the committee
or subcommittee, a majority being
present. The power to authorize and
issue subpoenas under subparagraph
(1)(B) may be delegated to the chairman
of the committee under such rules and
under such limitations as the committee
may prescribe. Authorized subpoenas
shall be signed by the chairman of the
committee or by a member designated by
the committee.
(ii) In the case of a
subcommittee of the
Committee on Standards
of Official Conduct, a
subpoena may be
authorized and issued
only by an affirmative
vote of a majority of
its members.
(B) A subpoena duces tecum may
specify terms of return other
than at a meeting or hearing of
the committee or subcommittee
authorizing the subpoena.
(C) Compliance with a subpoena
issued by a committee or
subcommittee under subparagraph
(1)(B) may be enforced only as
authorized or directed by the
House.
* * * * *
RULE XII
RECEIPT AND REFERRAL OF MEASURES AND MATTERS
Referral
2. (a) The Speaker shall refer each bill, resolution,
or other matter that relates to a subject listed under
a standing committee named in clause 1 of rule X in
accordance with the provisions of this clause.
(b) The Speaker shall refer matters under
paragraph (a) in such manner as to ensure to
the maximum extent feasible that each committee
that has jurisdiction under clause 1 of rule X
over the subject matter of a provision thereof
may consider such provision and report to the
House thereon. Precedents, rulings, or
procedures in effect before the Ninety-Fourth
Congress shall be applied to referrals under
this clause only to the extent that they will
contribute to the achievement of the objectives
of this clause.
(c) In carrying out paragraphs (a) and (b) with
respect to the referral of a matter, the
Speaker--(1) shall designate a committee of
primary jurisdiction (except where he
determines that extraordinary circumstances
justify review by more than one committee as
though primary);
(2) may refer the matter to one or more
additional committees for consideration
in sequence, either initially or after
the matter has been reported by the
committee of primary jurisdiction;
(3) may refer portions of the matter
reflecting different subjects and
jurisdictions to one or more additional
committees;
(4) may refer the matter to a special,
ad hoc committee appointed by the
Speaker with the approval of the House,
and including members of the committees
of jurisdiction, for the specific
purpose of considering that matter and
reporting to the House thereon;
(5) may subject a referral to
appropriate time limitations; and
(6) may make such other provision as
may be considered appropriate.
(d) A bill for the payment or adjudication of a
private claim against the Government may not be
referred to a committee other than the
Committee on Foreign Affairs or the Committee
on the Judiciary, except by unanimous consent.
Petitions, memorials, and private bills
3. If a Member, Delegate, or Resident Commissioner has
a petition, memorial, or private bill to present, he
shall endorse his name, deliver it to the Clerk, and
may specify the reference or disposition to be made
thereof. Such petition, memorial, or private bill
(except when judged by the Speaker to be obscene or
insulting) shall be entered on the Journal with the
name of the Member, Delegate, or Resident Commissioner
presenting it and shall be printed in the Congressional
Record.
4. A private bill or private resolution (including an
omnibus claim or pension bill), or amendment thereto,
may not be received or considered in the House if it
authorizes or directs--
(a) the payment of money for property damages,
for personal injuries or death for which suit
may be instituted under the Tort Claims
Procedure provided in title 28, United States
Code, or for a pension (other than to carry out
a provision of law or treaty stipulation);
(b) the construction of a bridge across a
navigable stream; or
(c) the correction of a military or naval
record.
Prohibition on commemorations
5. (a) A bill or resolution, or an amendment thereto,
may not be introduced or considered in the House if it
establishes or expresses a commemoration.
(b) In this clause the term ``commemoration''
means a remembrance, celebration, or
recognition for any purpose through the
designation of a specified period of time.
Excluded matters
6. A petition, memorial, bill, or resolution excluded
under this rule shall be returned to the Member,
Delegate, or Resident Commissioner from whom it was
received. A petition or private bill that has been
inappropriately referred may, by direction of the
committee having possession of it, be properly referred
in the manner originally presented. An erroneous
reference of a petition or private bill under this
clause does not confer jurisdiction on a committee to
consider or report it.
Sponsorship
7. (a) Bills, memorials, petitions, and resolutions,
endorsed with the names of Members, Delegates, or the
Resident Commissioner introducing them, may be
delivered to the Speaker to be referred. The titles and
references of all bills, memorials, petitions,
resolutions, and other documents referred under this
rule shall be entered on the Journal and printed in the
Congressional Record. An erroneous reference may be
corrected by the House in accordance with rule X on any
day immediately after the Pledge of Allegiance to the
Flag by unanimous consent or motion. Such a motion
shall be privileged if offered by direction of a
committee to which the bill has been erroneously
referred or by direction of a committee claiming
jurisdiction and shall be decided without debate.
(b)(1) The primary sponsor of a public bill or
public resolution may name cosponsors. The name
of a cosponsor added after the initial printing
of a bill or resolution shall appear in the
next printing of the bill or resolution on the
written request of the primary sponsor. Such a
request may be submitted to the Speaker at any
time until the last committee authorized to
consider and report the bill or resolution
reports it to the House or is discharged from
its consideration.
(2) The name of a cosponsor of a bill
or resolution may be deleted by
unanimous consent. The Speaker may
entertain such a request only by the
Member, Delegate, or Resident
Commissioner whose name is to be
deleted or by the primary sponsor of
the bill or resolution, and only until
the last committee authorized to
consider and report the bill or
resolution reports it to the House or
is discharged from its consideration.
The Speaker may not entertain a request
to delete the name of the primary
sponsor of a bill or resolution. A
deletion shall be indicated by date in
the next printing of the bill or
resolution.
(3) The addition or deletion of the
name of a cosponsor of a bill or
resolution shall be entered on the
Journal and printed in the
Congressional Record of that day.
(4) A bill or resolution shall be
reprinted on the written request of the
primary sponsor. Such a request may be
submitted to the Speaker only when 20
or more cosponsors have been added
since the last printing of the bill or
resolution.
(5) When a bill or resolution is
introduced by request,'' those words
shall be entered on the Journal and
printed in the Congressional Record.
Executive communications
8. Estimates of appropriations and all other
communications from the executive departments intended
for the consideration of any committees of the House
shall be addressed to the Speaker for referral as
provided in clause 2 of rule XIV.
* * * * *
RULE XIII
CALENDARS AND COMMITTEE REPORTS
Calendars
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)) 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 or
clause 6 concerning the availability of
reports.
(b) With respect to each record vote on a
motion to report a measure or matter of a
public nature, and on any amendment offered to
the measure or matter, the total number of
votes cast for and against, and the names of
members voting for and against, shall be
included in the committee report. The preceding
sentence does not apply to a report by the
Committee on Rules on a rule, joint rule, or
the order of business or to votes taken in
executive session by the Committee on 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.
(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
currently authorized by law for
the period concerned (excepting
classified intelligence or
national security programs,
projects, or activities), along
with a statement of the last
year for which such
expenditures were authorized,
the level of expenditures
authorized for that year, the
actual level of expenditures
for that year, and the level of
appropriations in the bill for
such expenditures.
(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.
* * * * *
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(j)(1) of rule X reported by
the Committee on House
Administration considered under
clause 6 of rule X;
(C) a resolution presenting a
question of the privileges of
the House reported by any
committee;
(D) a measure for the
declaration of war, or the
declaration of a national
emergency, by Congress; and
(E) a measure providing for the
disapproval of a decision,
determination, or action by a
Government agency that would
become, or continue to be,
effective unless disapproved or
otherwise invalidated by one or
both Houses of Congress. In
this subdivision the term
``Government agency'' includes
any department, agency,
establishment, wholly owned
Government corporation, or
instrumentality of the Federal
Government or of the government
of the District of Columbia.
(b) A committee that reports a measure or
matter shall make every reasonable effort to
have its hearings thereon (if any) printed and
available for distribution to Members,
Delegates, and the Resident Commissioner before
the consideration of the measure or matter in
the House.
(c) A general appropriation bill
reported by the Committee on
Appropriations may not be considered in
the House until the third calendar day
(excluding Saturdays, Sundays, and
legal holidays except when the House is
in session on such a day) on which
printed hearings of the Committee on
Appropriations thereon have been
available to Members, Delegates, and
the Resident Commissioner.
Privileged reports, generally
5. (a) The following committees shall have leave to
report at any time on the following matters,
respectively:
(1) The Committee on Appropriations, on
general appropriation bills and on
joint resolutions continuing
appropriations for a fiscal year after
September 15 in the preceding fiscal
year.
(2) The Committee on the Budget, on the
matters required to be reported by such
committee under titles III and IV of
the Congressional Budget Act of 1974.
(3) The Committee on House
Administration, on enrolled bills, on
contested elections, on matters
referred to it concerning printing for
the use of the House or the two Houses,
on expenditure of the applicable
accounts of the House described in
clause 1(j)(1) of rule X, and on
matters relating to preservation and
availability of noncurrent records of
the House under rule VII.
(4) The Committee on Rules, on rules,
joint rules, and the order of business.
(5) The Committee on Standards of
Official Conduct, on resolutions
recommending action by the House with
respect to a Member, Delegate, Resident
Commissioner, officer, or employee of
the House as a result of an
investigation by the committee relating
to the official conduct of such Member,
Delegate, Resident Commissioner,
officer, or employee.
(b) A report filed from the floor as privileged
under paragraph (a) may be called up as a
privileged question by direction of the
reporting committee, subject to any requirement
concerning its availability to Members,
Delegates, and the Resident Commissioner under
clause 4 or concerning the timing of its
consideration under clause 6.
Resolutions of inquiry
7. A report on a resolution of inquiry addressed to the
head of an executive department may be filed from the
floor as privileged. If such a resolution is not
reported to the House within 14 legislative days after
its introduction, a motion to discharge a committee
from its consideration shall be privileged.
* * * * *
RULE XV
Business in Order on Special Days
Discharge motions, second and fourth Mondays
2. (a) Motions to discharge committees shall be in
order on the second and fourth Mondays of a month.
(b)(1) A Member may present to the Clerk a
motion in writing to discharge--
(A) a committee from
consideration of a public bill
or public resolution that has
been referred to it for 30
legislative days or
(B) the Committee on Rules from
consideration of a resolution
that has been referred to it
for seven legislative days and
that proposes a special order
of business for the
consideration of a public bill
or public resolution that has
been reported by a standing
committee or has been referred
to a standing committee for 30
legislative days.
(2) Only one motion may be presented
for a bill or resolution. A Member may
not file a motion to discharge the
Committee on Rules from consideration
of a resolution providing for the
consideration of more than one public
bill or public resolution or admitting
or effecting a nongermane amendment to
a public bill or public resolution.
(c) A motion presented under paragraph (b)
shall be placed in the custody of the Clerk,
who shall arrange a convenient place for the
signatures of Members. A signature may be
withdrawn by a Member in writing at any time
before a motion is entered on the Journal. The
Clerk shall make signatures a matter of public
record, causing the names of the Members who
have signed a discharge motion during a week to
be published in a portion of the Congressional
Record designated for that purpose on the last
legislative day of the and making cumulative
lists of such names available each day for
public inspection in an appropriate office of
the House. The Clerk shall devise a means for
making such lists available to offices of the
House and to the public in electronic form.
When a majority of the total membership of the
House shall have signed the motion, it shall be
entered on the Journal, published with the
signatures thereto in the Record, and referred
to the Calendar of Motions to Discharge
Committees.
(d) On the second and fourth Mondays of a month
(except during the last six days of a session
of Congress), immediately after the Pledge of
Allegiance to the Flag, a motion to discharge
that has been on the calendar for at least
seven legislative days shall be privileged if
called up by a Member whose signature appears
thereon. When such a motion is called up, the
House shall proceed to its consideration under
this paragraph without intervening motion
except one motion to adjourn. Privileged
motions to discharge shall have precedence in
the order of their entry on the Journal.
(2) When a motion to discharge is
called up, the bill or resolution to
which it relates shall be read by title
only. The motion is debatable for 20
minutes, one-half in favor of the
motion and one-half in opposition
thereto.
(e)(1) If a motion prevails to discharge the
Committee on Rules from consideration of a
resolution, the House shall immediately
consider the resolution, pending which the
Speaker may entertain one motion that the House
adjourn but may not entertain any other
dilatory motion until the resolution has been
disposed of. If the resolution is adopted, the
House shall immediately proceed to its
execution.
(2) If a motion prevails to discharge a
standing committee from consideration
of a public bill or public resolution,
a motion that the House proceed to the
immediate consideration of such bill or
resolution shall be privileged if
offered by a Member whose signature
appeared on the motion to discharge.
the motion to proceed is not debatable.
If the motion to proceed is adopted,
the bill or resolution shall be
considered immediately under the
general rules of the House. If
unfinished before adjournment of the
day on which it is called up, the bill
or resolution shall remain the
unfinished business until it is
disposed of. If the motion to proceed
is rejected, the bill or resolution
shall be referred to the appropriate
calendar, where it shall have the same
status as if the committee from which
it was discharged had duly reported it
to the House.
(f)(1) When a motion to discharge originated
under this clause has once been acted on by the
House, it shall not be in order to entertain
during the same session of Congress--
(A) a motion to discharge a
committee from consideration of
that bill or resolution or of
any other bill or resolution
that, by relating in substance
to or dealing with the same
subject matter, is
substantially the same; or
(B) a motion to discharge the
Committee on Rules from
consideration of a resolution
providing a special order of
business for the consideration
of that bill or resolution or
of any other bill or resolution
that, by relating in substance
to or dealing with the same
subject matter, is
substantially the same.
(2) A motion to discharge on the
Calendar of Motions to Discharge
Committees that is rendered out of
order under subparagraph (1) shall be
stricken from that calendar.
Calendar Call of Committees,
Wednesdays
6. (a) On Wednesday of each week, business shall not be
in order before completion of the call of the
committees (except as provided by clause 4 of rule XIV)
unless two-thirds of the Members voting, a quorum being
present, agree to a motion that the House dispense with
the call. Such a motion shall be privileged. Debate on
such a motion shall be limited to five minutes in
support and five minutes in opposition.
(b) A bill or resolution on either the House or
the Union Calendar, except bills or resolutions
that are privileged under the Rules of the
House, may be called under this clause. A bill
or resolution called up from the Union Calendar
shall be considered in the Committee of the
Whole House on the State of the Union without
motion, subject to clause 3 of rule XVI.
General debate on a measure considered under
this clause shall be confined to the measure
and may not exceed two hours equally divided
between a proponent and an opponent.
(c) When a committee has occupied the call
under this clause on one Wednesday, it shall
not be in order on a succeeding Wednesday to
consider unfinished business previously called
up by that committee until the other committees
have been called in their turn unless--
(1) the previous question has been ordered on such
unfinished business; or
(2) the House adopts a motion to dispense with the call
under paragraph (A).
(d) If any committee has not been called under
this clause during a session of a Congress,
then at the next session of that Congress the
call shall resume where it left off at the end
of the preceding session.
(e) This clause does not apply during the last
two weeks of a session of Congress.
(f) The Speaker may not entertain a motion that the
Speaker be authorized to declare a recess on a
Wednesday except during the last two weeks of a session
of Congress.
* * * * *
RULE XVII
DECORUM AND DEBATE
Decorum
1. (a) A Member, Delegate, or Resident Commissioner who
desires to speak or deliver a matter to the House shall
rise and respectfully address himself to ``Mr.
Speaker'' and, on being recognized, may address the
House from any place on the floor. When invited by the
Chair, a Member, Delegate, or Resident Commissioner may
speak from the Clerk's desk.
(b) Remarks in debate (which may include
references to the Senate or its Members) shall
be confined to the question under debate,
avoiding personality.
Recognition
2. When two or more Members, Delegates, or the Resident
Commissioner rise at once, the Speaker shall name the
Member, Delegate, or Resident Commissioner who is first
to speak. A Member, Delegate, or Resident Commissioner
may not occupy more than one hour in debate on a
question in the House or in the Committee of the Whole
House on the state of the Union except as otherwise
provided in this rule.
Managing debate
3. (a) The Member, Delegate, or Resident Commissioner
who calls up a measure may open and close debate
thereon. When general debate extends beyond one day,
that Member, Delegate, or Resident Commissioner shall
be entitled to one hour to close without regard to the
time used in opening.
(b) Except as provided in paragraph (a), a
Member, Delegate, or Resident Commissioner may
not speak more than once to the same question
without leave of the House.
(c) A manager of a measure who opposes an
amendment thereto is entitled to close
controlled debate thereon.
Call to order
4. (a) If a Member, Delegate, or Resident Commissioner,
in speaking or otherwise, transgresses the Rules of the
House, the Speaker shall, or a Member, Delegate, or
Resident Commissioner may, call to order the offending
Member, Delegate, or Resident Commissioner, who shall
immediately sit down unless permitted on motion of
another Member, Delegate, or the Resident Commissioner
to explain. If a Member, Delegate, or Resident
Commissioner is called to order, the Member, Delegate,
or Resident Commissioner making the call to order shall
indicate the words excepted to, which shall be taken
down in writing at the Clerk's desk and read aloud to
the House.
(b) The Speaker shall decide the validity of a
call to order. The House, if appealed to, shall
decide the question without debate. If the
decision is in favor of the Member, Delegate,
or Resident Commissioner called to order, the
Member, Delegate, or Resident Commissioner
shall be at liberty to proceed, but not
otherwise. If the case requires it, an
offending Member, Delegate, or Resident
Commissioner shall be liable to censure or such
other punishment as the House may consider
proper. A Member, Delegate, or Resident
Commissioner may not be held to answer a call
to order, and may not be subject to the censure
of the House therefor, if further debate or
other business has intervened.
Comportment
5. When the Speaker is putting a question or addressing
the House, a Member, Delegate, or Resident Commissioner
may not walk out of or across the Hall. When a Member,
Delegate, or Resident Commissioner is speaking, a
Member, Delegate, or Resident Commissioner may not pass
between the person speaking and the Chair. During the
session of the House, a Member, Delegate, or Resident
Commissioner may not wear a hat or remain by the
Clerk's desk during the call of the roll or the
counting of ballots. A person may not smoke or use a
wireless telephone or personal computer on the floor of
the House. The Sergeant-at-Arms is charged with the
strict enforcement of this clause.
Exhibits
6. When the use of an exhibit in debate is objected to
by a Member, Delegate, or Resident Commissioner, the
Chair, in his discretion, may submit the question of
its use to the House without debate.
Galleries
7. During a session of the House, it shall not be in
order for a Member, Delegate, or Resident Commissioner
to introduce to or to bring to the attention of the
House an occupant in the galleries of the House. The
Speaker may not entertain a request for the suspension
of this rule by unanimous consent or otherwise.
Congressional Record
8. (a) The Congressional Record shall be a
substantially verbatim account of remarks made during
the proceedings of the House, subject only to
technical, grammatical, and typographical corrections
authorized by the Member, Delegate, or Resident
Commissioner making the remarks.
(b) Unparliamentary remarks may be deleted only
by permission or order of the House.
(c) This clause establishes a standard of
conduct within the meaning of clause 3(a)(2) of
rule XI.
Secret sessions
9. When confidential communications are received from
the President, or when the Speaker or a Member,
Delegate, or Resident Commissioner informs the House
that he has communications that he believes ought to be
kept secret for the present, the House shall be cleared
of all persons except the Members, Delegates, Resident
Commissioner, and officers of the House for the reading
of such communications, and debates and proceedings
thereon, unless otherwise ordered by the House.
* * * * *
RULE XXIII
CODE OF OFFICIAL CONDUCT
There is hereby established by and for the House the following
code of conduct, to be known as the ``Code of Official
Conduct'':
1. A Member, Delegate, Resident Commissioner, officer,
or employee of the House shall conduct himself at all
times in a manner that shall reflect creditably on the
House.
2. A Member, Delegate, Resident Commissioner, officer,
or employee of the House shall adhere to the spirit and
the letter of the Rules of the House and to the rules
of duly constituted committees thereof.
3. A Member, Delegate, Resident Commissioner, officer,
or employee of the House may not receive compensation
and may not permit compensation to accrue to his
beneficial interest from any source, the receipt of
which would occur by virtue of influence improperly
exerted from his position in Congress.
4. A Member, Delegate, Resident Commissioner, officer,
or employee of the House may not accept gifts except as
provided by clause 5 of rule XXV.
5. A Member, Delegate, Resident Commissioner, officer,
or employee of the House may not accept an honorarium
for a speech, a writing for publication, or other
similar activity, except as otherwise provided under
rule XXV.
6. A Member, Delegate, or Resident Commissioner--
(a) shall keep his campaign funds separate from
his personal funds;
(b) may not convert campaign funds to personal
use in excess of an amount representing
reimbursement for legitimate and verifiable
campaign expenditures; and
(c) except as provided in clause 1(b) of rule
XXIV, may not expend funds from his campaign
account that are not attributable to bona fide
campaign or political purposes.
7. A Member, Delegate, or Resident Commissioner shall
treat as campaign contributions all proceeds from
testimonial dinners or other fundraising events.
8. (a) A Member, Delegate, Resident Commissioner, or
officer of the House may not retain an employee who
does not perform duties for the offices of the
employing authority commensurate with the compensation
he receives.
(b) In the case of a committee employee who
works under the direct supervision of a member
of the committee other than a chairman, the
chairman may require that such member affirm in
writing that the employee has complied with
clause 8(a) (subject to clause 9 of rule X) as
evidence of compliance by the chairman with
this clause and with clause 9 of rule X.
(c)(1) Except as specified in subparagraph
(2)--(A) a Member, Delegate, or Resident
Commissioner may not retain his spouse in a
paid position; and (B) an employee of the House
may not accept compensation for work for a
committee on which his spouse serves as a
member.
(2) Subparagraph (1) shall not apply in
the case of a spouse whose pertinent
employment predates the One Hundred
Seventh Congress.
9. A Member, Delegate, Resident Commissioner, officer,
or employee of the House may not discharge and may not
refuse to hire an individual, or otherwise discriminate
against an individual with respect to compensation,
terms, conditions, or privileges of employment, because
of the race, color, religion, sex (including marital or
parental status), disability, age, or national origin
of such individual, but may take into consideration the
domicile or political affiliation of such individual.
10. A Member, Delegate, or Resident Commissioner who
has been convicted by a court of record for the
commission of a crime for which a sentence of two or
more years( imprisonment may be imposed should refrain
from participation in the business of each committee of
which he is a member, and a Member should refrain from
voting on any question at a meeting of the House or of
the Committee of the Whole House on the state of the
Union, unless or until judicial or executive
proceedings result in reinstatement of the presumption
of his innocence or until he is reelected to the House
after the date of such conviction.
11. A Member, Delegate, or Resident Commissioner may
not authorize or otherwise allow an individual, group,
or organization not under the direction and control of
the House to use the words ``Congress of the United
States,'' ``House of Represen tatives,'' or ``Official
Business,'' or any combination of words thereof, on any
letterhead or envelope.
12. (a) Except as provided in paragraph (b), an
employee of the House who is required to file a report
under rule XXVI may not participate personally and
substantially as an employee of the House in a contact
with an agency of the executive or judicial branches of
Government with respect to nonlegislative matters
affecting any nongovernmental person in which the
employee has a significant financial interest.
(b) Paragraph (a) does not apply if an
employee first advises his employing
authority of a significant financial
interest described in paragraph (a) and
obtains from his employing authority a
written waiver stating that the
participation of the employee in the
activity described in paragraph (a) is
necessary. A copy of each such waiver
shall be filed with the Committee on
Standards of Official Conduct.
13. Before a Member, Delegate, Resident Commissioner,
officer, or employee of the House may have access to
classified information, the following oath (or
affirmation) shall be executed: ``I do solemnly swear
(or affirm) that I will not disclose any classified
information received in the course of my service with
the House of Representatives, except as authorized by
the House of Representatives or in accordance with its
Rules.'' Copies of the executed oath (or affirmation)
shall be retained by the Clerk as part of the records
of the House. The Clerk shall make signatures a matter
of public record, causing the names of each Member,
Delegate, or Resident Commissioner who has signed the
oath during a week (if any) to be published in a
portion of the Congressional Record designated for that
purpose on the last legislative day of the week and
making cumulative lists of such names available each
day for public inspection in an appropriate office of
the House.
14. A Member, Delegate, or Resident Commissioner may
not, with the intent to influence on the basis of
partisan political affiliation make an employment
decision or employment practice of any private entity--
(a) take or withhold, or offer or threaten to
take or withhold, an official act; or
(b) influence, or offer or threaten to
influence, the official act of another.
15. (a) Except as provided in paragraph (b), a Member,
Delegate, or Resident Commissioner may not use personal
funds, official funds, or campaign funds for a flight
on an aircraft.
(b) Paragraph (a) does not apply if--
(1) the aircraft is operated by an air
carrier or commercial operator
certificated by the Federal Aviation
Administration and the flight is
required to be conducted under air
carrier safety rules, or, in the case
of travel which is abroad, by an air
carrier or commercial operator
certificated by an appropriated foreign
civil aviation authority and the flight
is required to be conducted under air
carrier safety rules;
(2) the aircraft is owned or leased by
a Member, delegate, Resident member
(including an aircraft owned by an
entity that is not a public corporation
in which the Member, Delegate, Resident
Commissioner or his or her family
member has an ownership interest,
provided that such Member, Delegate, or
Resident Commissioner does not use the
aircraft any more than the Member,
Delegate, Resident Commissioner, or
family member's proportionate share of
ownership allows);
(3) the flight consists of the personal
use of an aircraft by a Member,
Delegate, or Resident Commissioner that
is supplied by an individual on the
basis of personal friendship; or
(4) the aircraft is operated by an
entity of the Federal government or an
entity of the government of any State.
(c) In this clause--
(1) the term ``campaign funds''
includes funds of any political
committee under the Federal Election
Campaign Act of 1971, without regard to
whether the committee is an authorized
committee of the Member, Delegate, or
Resident Commissioner involved under
such Act;
(2) the term ``family member'' means an
individual who is related to the
Member, Delegate, or Resident
Commissioner, as father, mother, son,
daughter, brother, sister, husband,
wife, father-in-law, or mother-in-law;
and
(3) the term ``on the basis of personal
friendship'' has the same meaning as in
clause 5(a)(3)(D)(ii) of rule XXV.
16. A Member, Delegate, or Resident Commissioner may
not condition the inclusion of language to provide
funding for a congressional earmark, a limited tax
benefit, or a limited tariff benefit in any bill or
joint resolution (or an accompanying report) or in any
conference report on a bill or joint resolution
(including an accompanying joint explanatory statement
of managers) on any vote cast by another Member,
Delegate, or Resident Commissioner. For purposes of
this clause and clause 17, the terms ``congressional
earmark,'' ``limited tax benefit,'' and ``limited
tariff benefit'' shall have the meanings given to them
in clause 9 of rule XXI.
17. (a) A Member, Delegate, or Resident Commissioner
who requests a congressional earmark, a limited tax
benefit, or a limited tariff benefit in any bill or
joint resolution (or an accompanying report) or in any
conference report on a bill or joint resolution (or an
accompanying joint statement of managers) shall provide
a written statement to the chairman and ranking
minority member of the committee of jurisdiction,
including--
(1) the name of the Member, Delegate,
or Resident Commissioner;
(2) in the case of a congressional
earmark, the name and address of the
intended recipient or, if there is no
specifically intended recipient, the
intended location of the activity;
(3) in the case of a limited tax or
tariff benefit, identification of the
individual or entities reasonably
anticipated to benefit, to the extent
known to the Member, Delegate, or
Resident Commissioner;
(4) the purpose of such congressional
earmark or limited tax or tariff
benefit; and
(5) a certification that the Member,
Delegate, or Resident Commissioner or
spouse has no financial interest in
such congressional earmark or limited
tax or tariff benefit.
(b) Each committee shall maintain the
information transmitted under paragraph (a),
and the written disclosures for any
congressional earmarks, limited tax benefits,
or limited tariff benefits included in any
measure reported by the committee or conference
report filed by the chairman of the committee
or any subcommittee thereof shall be open for
public inspection.
18. (a) In this Code of Official Conduct, the term
``officer or employee of the House'' means an
individual whose compensation is disbursed by the Chief
Administrative Officer.
(b) An individual whose services are
compensated by the House pursuant to a
consultant contract shall be considered an
employee of the House for purposes of clauses
1, 2, 3, 4, 8, 9, and 13 of this rule. An
individual whose services are compensated by
the House pursuant to a consultant contract may
not lobby the contracting committee or the
members or staff of the contracting committee
on any matter. Such an individual may lobby
other Members, Delegates, or the Resident
Commissioner or staff of the House on matters
outside the jurisdiction of the contracting
committee.
* * * * *
RULE XXIV
LIMITATIONS ON USE OF OFFICIAL FUNDS
Prohibition on use of funds by Members not elected to
succeeding Congress
1. Funds from the applicable accounts described in
clause 1(j)1) of rule X, including funds from committee
expense resolutions, and funds in any local currencies
owned by the United States may not be made available
for travel by a Member, Delegate, Resident
Commissioner, or Senator after the date of a general
election in which he was not elected to the succeeding
Congress or, in the case of a Member, Delegate, or
Resident Commissioner who is not a candidate in a
general election, after the earlier of the date of such
general election or the adjournment sine die of the
last regular session of the Congress.
* * * * *
RULE XXV
Limitations on Outside Earned
Income and Acceptance of Gifts
Outside earned income; honoraria
1. (a) Except as provided by paragraph (b), a Member,
Delegate, Resident Commissioner, officer, or employee
of the House may not--
(1) have outside earned income
attributable to a calendar year that
exceeds 15 percent of the annual rate
of basic pay for level II of the
Executive Schedule under section 5313
of title 5, United States Code, as of
January 1 of that calendar year; or
(2) relieve any honorarium, except that
an officer or employee of the House who
is paid at a rate less than 120 percent
of the minimum rate of basic pay for
GS-15 of the General Schedule may
receive an honorarium unless the
subject matter is directly related to
the official duties of the individual,
the payment is made because of the
status of the individual with the
House, or the person offering the
honorarium has interests that may be
substantially affected by the
performance or nonperformance of the
official duties of the individual.
(b) In the case of an individual who becomes a
Member, Delegate, Resident Commissioner,
officer, or employee of the House, such
individual may not have outside earned income
attributable to the portion of a calendar year
that occurs after such individual becomes a
Member, Delegate, Resident Commissioner,
officer, or employee that exceeds 15 percent of
the annual rate of basic pay for level II of
the Executive Schedule under section 5313 of
title 5, United States Code, as of January 1 of
that calendar year multiplied by a fraction,
the numerator of which is the number of days
the individual is a Member, Delegate, Resident
Commissioner, officer, or employee during that
calendar year and the denominator of which is
365.
(c) A payment in lieu of an honorarium that is
made to a charitable organization on behalf of
a Member, Delegate, Resident Commissioner,
officer, or employee of the House may not be
received by that Member, Delegate, Resident
Commissioner, officer, or employee. Such a
payment may not exceed $2,000 or be made to a
charitable organization from which the Member,
Delegate, Resident Commissioner, officer, or
employee or a parent, sibling, spouse, child,
or dependent relative of the Member, Delegate,
Resident Commissioner, officer, or employee,
derives a financial benefit.
2. A Member, Delegate, Resident Commissioner, officer,
or employee of the House may not--
(a) receive compensation for affiliating with
or being employed by a firm, partnership,
association, corporation, or other entity that
provides professional services involving a
fiduciary relationship except for the practice
of medicine.
(b) permit his name to be sued by such a firm,
partnership, association, corporation, or other
entity;
(c) receive compensation for practicing a
profession that involves a fiduciary
relationship except for the practice of
medicine;
(d) serve for compensation as an officer or
member of the board of an association,
corporation, or entity;
(e) receive compensation for teaching, without
the prior notification and approval of the
Committee on Standards of Official Conduct.
Copyright royalties
3. (a) A Member, Delegate, Resident Commissioner,
officer, or employee of the House may not receive an
advance payment on copyright royalties. This paragraph
does not prohibit a literary agent, researcher, or
other individual (other than an individual employed by
the House or a relative of a Member, Delegate Resident
Commissioner, officer, or employee) working on behalf
of a Member, Delegate, Resident Commissioner, officer,
or employee with respect to a publication from
receiving an advance payment of a copyright royalty
directly from a publisher and solely for the benefit of
that literary agent, research, or other individual.
(b) A Member, Delegate, Resident Commissioner,
officer, or employee of the House may not
receive copyright royalties under a contract
entered into on or after January 1, 1996,
unless that contract is first approved by the
Committee on Standards of Official Conduct as
complying with the requirement of clause
4(c)(1)(E) (that royalties are received from an
established publisher under usual and customary
contractual terms).
Definitions
4. (a)(1) In this rule, except as provided in
subparagraph (2), the term ``officer or employee of the
House'' means an individual (other than a Member,
Delegate, or Resident Commissioner) whose pay is
disbursed by the Chief Administrative Officer, who is
paid at a rate equal to or greater than 120 percent of
the minimum rate of basic pay for GS-15 of the General
Schedule, and who is so employed for more than 90 days
in a calendar year.
(2)(A) When used with respect to an
honorarium, the term ``officer or
employee of the House'' means and
individual (other than a Member,
Delegate, or Resident Commissioner)
whose salary is disbursed by the Chief
Administrative Officer.
(B) When used in clause 5 of
this rule, the terms
``officer'' and ``employee''
have the same meanings as in
rule XXIII.
(b) In this rule the term ``honorarium'' means
a payment of money or a thing of value for an
appearance, speech, or article (including a
series of appearance, speeches, or articles) by
a Member, Delegate, Resident Commissioner,
officer, or employee of the House, excluding
any actual and necessary travel expenses
incurred by that Member, Delegate, Resident
Commissioner, officer, or employee (and one
relative) to the extent that such expenses are
paid or reimbursed by any other person. The
amount otherwise determined shall be reduced by
the amount of any such expenses to the extent
that such expenses are not so paid or
reimbursed.
(c) In this rule the term ``travel expenses''
means, with respect to a Member Delegate,
Resident Commissioner, officer, or employee of
the House, or a relative of such Member,
Delegate, Resident Commissioner, officer, or
employee, the cost of transportation, and the
cost of lodging and meals while away from his
residence or principal place of employment.
(d)(1) In this rule the term ``outside earned
income'' means, with respect to a Member,
Delegate, Resident Commissioner, officer, or
employee of the House, wages, salaries, fees,
and other amounts received or to be received as
compensation for personal services actually
rendered, but does not include--
(A) the salary of a Member,
Delegate, Resident
Commissioner, officer, or
employee;
(B) any compensation derived by
a Member, Delegate, Resident
Commissioner, officer, or
employee of the House for
personal services actually
rendered before the adoption of
this rule or before he or she
became a Member, Delegate,
Resident Commissioner, officer,
of employee;
(C) any amount paid by, or on
behalf of, a Member, Delegate,
Resident Commissioner, officer,
or employee of the House to a
tax qualified pension, profit-
sharing, or stock bonus plan
and received by him or her from
such a plan;
(D) in the case of a Member,
Delegate, Resident
Commissioner, officer, or
employee of the House engaged
in a trade or business in which
he or his family holds a
controlling interest and in
which both personal services
actually rendered by him in the
trade or business do not
generate a significant amount
of income; or
(E) copyright royalties
received from established
publishers under usual and
customary contractual terms;
and
(2) outside earned income shall be
determined without regard to community
property law.
(e) In this rule the term ``charitable
organization'' means an organization described
in section 170(c) of the Internal Revenue code
of 1986.
Gifts
5. (a)(1)(A)(i) A Member, Delegate, Resident
Commissioner, officer, or employee of the House may not
knowingly accept a gift except as provided in this
clause.
(ii) A Member,
Delegate, Resident
Commissioner, officer,
or employee of the
House may not knowingly
accept a gift from a
registered lobbyist or
agent of a foreign
principal or from a
private entity that
retains or employs
registered lobbyists or
agents of a foreign
principal except as
provided in
subparagraph (3) of
this paragraph.
(B)(i) A Member, Delegate,
Resident Commissioner, officer,
or employee of the House may
accept a gift (other than cash
or cash equivalent) not
prohibited by subdivision
(A)(ii) that the Member,
Delegate, Resident
Commissioner, officer, or
employee reasonably and in good
faith believes to have a value
of less than $50 and a
cumulative value from one
source during a calendar year
of less than $100. A gift
having a value of less than $10
does not count toward the $100
annual limit. The value of
perishable food sent to an
office shall be allocated among
the individual recipients and
not to the Member, Delegate, or
Resident Commissioner. Formal
recordkeeping is not required
by this subdivision, but a
Member, Delegate, Resident
Commissioner, officer, or
employee of the House shall
make a good faith effort to
comply with this subdivision.
(ii) A gift of a ticket
to a sporting or
entertainment event
shall be valued at the
face value of the
ticket or, in the case
of a ticket without a
face value, at the
highest cost of a
ticket with a face
value for the event.
The price printed on a
ticket to an event
shall be deemed its
face value only if it
also is the price at
which the issuer offers
that ticket for sale to
the public.
(2)(A) In this clause the term ``gift''
means a gratuity, favor, discount,
entertainment, hospitality, loan,
forbearance, or other item having
monetary value. The term includes gifts
of services, training, transportation,
lodging, and meals, whether provided in
kind, by purchase of a ticket, payment
in advance, or reimbursement after the
expense has been incurred.
(B)(i) A gift to a family
member of a Member, Delegate,
Resident Commissioner, officer,
or employee of the House, or a
gift to any other individual
based on that individual's
relationship with the Member,
Delegate, Resident
Commissioner, officer, or
employee, shall be considered a
gift to the Member, Delegate,
Resident Commissioner, officer,
or employee if it is given with
the knowledge and acquiescence
of the Member, Delegate,
Resident Commissioner, officer,
or employee and the Member,
Delegate, Resident
Commissioner, officer, or
employee has reason to believe
the gift was given because of
his official position.
(ii) If food or
refreshment is provided
at the same time and
place to both a Member,
Delegate, Resident
Commissioner, officer,
or employee of the
House and the spouse or
dependent thereof, only
the food or refreshment
provided to the Member,
Delegate, Resident
Commissioner, officer,
or employee shall be
treated as a gift for
purposes of this
clause.
(3) The restrictions in subparagraph
(1) do not apply to the following:
(A) Anything for which the
Member, Delegate, Resident
Commissioner, officer, or
employee of the House pays the
market value, or does not use
and promptly returns to the
donor.
(B) A contribution, as defined
in section 301(8) of the
Federal Election Campaign Act
of 1971 (2 U.S.C. 431) that is
lawfully made under that Act, a
lawful contribution for
election to a State or local
government office, or
attendance at a fundraising
event sponsored by a political
organization described in
section 527(e) of the Internal
Revenue Code of 1986.
(C) A gift from a relative as
described in section 109(16) of
title I of the Ethics in
Government Act of 1978 (5
U.S.C. App. 109(16)).
(D)(i) Anything provided by an
individual on the basis of a
personal friendship unless the
Member, Delegate, Resident
Commissioner, officer, or
employee of the House has
reason to believe that, under
the circumstances, the gift was
provided because of his
official position and not
because of the personal
friendship.
(ii) In determining
whether a gift is
provided on the basis
of personal friendship,
the Member, Delegate,
Resident Commissioner,
officer, or employee of
the House shall
consider the
circumstances under
which the gift was
offered, such as:
(I) The history of his
relationship with the
individual giving the
gift, including any
previous exchange of
gifts between them.
(II) Whether to his
actual knowledge the
individual who gave the
gift personally paid
for the gift or sought
a tax deduction or
business reimbursement
for the gift.
(III) Whether to his
actual knowledge the
individual who gave the
gift also gave the same
or similar gifts to
other Members,
Delegates, the Resident
Commissioners,
officers, or employees
of the House.
(E) Except as provided in
paragraph (e)(3), a
contribution or other payment
to a legal expense fund
established for the benefit of
a Member, Delegate, Resident
Commissioner, officer, or
employee of the House that is
otherwise lawfully made in
accordance with the
restrictions and disclosure
requirements of the Committee
on Standards of Official
Conduct.
(F) A gift from another Member,
Delegate, Resident
Commissioner, officer, or
employee of the House or
Senate.
(G) Food, refreshments,
lodging, transportation, and
other benefits--
(i) resulting from the
outside business or
employment activities
of the Member,
Delegate, Resident
Commissioner, officer,
or employee of the
House (or other outside
activities that are not
connected to his duties
as an officeholder), or
of his spouse, if such
benefits have not been
offered or enhanced
because of his official
position and are
customarily provided to
others in similar
circumstances;
(ii) customarily
provided by a
prospective employer in
connection with bona
fide employment
discussions; or
(iii) provided by a
political organization
described in section
527(e) of the Internal
Revenue Code of 1986 in
connection with a
fundraising or campaign
event sponsored by such
organization.
(H) Pension and other benefits
resulting from continued
participation in an employee
welfare and benefits plan
maintained by a former
employer.
(I) Informational materials
that are sent to the office of
the Member, Delegate, Resident
Commissioner, officer, or
employee of the House in the
form of books, articles,
periodicals, other written
materials, audiotapes,
videotapes, or other forms of
communication.
(J) Awards or prizes that are
given to competitors in
contests or events open to the
public, including random
drawings.
(K) Honorary degrees (and
associated travel, food,
refreshments, and
entertainment) and other bona
fide, nonmonetary awards
presented in recognition of
public service (and associated
food, refreshments, and
entertainment provided in the
presentation of such degrees
and awards).
(L) Training (including food
and refreshments furnished to
all attendees as an integral
part of the training) if such
training is in the interest of
the House.
(M) Bequests, inheritances, and
other transfers at death.
(N) An item, the receipt of
which is authorized by the
Foreign Gifts and Decorations
Act, the Mutual Educational and
Cultural Exchange Act, or any
other statute.
(O) Anything that is paid for
by the Federal Government, by a
State or local government, or
secured by the Government under
a Government contract.
(P) A gift of personal
hospitality (as defined in
section 109(14) of the Ethics
in Government Act) of an
individual other than a
registered lobbyist or agent of
a foreign principal.
(Q) Free attendance at a widely
attended event permitted under
subparagraph (4).
(R) Opportunities and benefits
that are--
(i) available to the
public or to a class
consisting of all
Federal employees,
whether or not
restricted on the basis
of geographic
consideration;
(ii) offered to members
of a group or class in
which membership is
unrelated to
congressional
employment;
(iii) offered to
members of an
organization, such as
an employees'
association or
congressional credit
union, in which
membership is related
to congressional
employment and similar
opportunities are
available to large
segments of the public
through organizations
of similar size;
(iv) offered to a group
or class that is not
defined in a manner
that specifically
discriminates among
Government employees on
the basis of branch of
Government or type of
responsibility, or on a
basis that favors those
of higher rank or rate
of pay;
(v) in the form of
loans from banks and
other financial
institutions on terms
generally available to
the public; or
(vi) in the form of
reduced membership or
other fees for
participation in
organization activities
offered to all
Government employees by
professional
organizations if the
only restrictions on
membership relate to
professional
qualifications.
(S) A plaque, trophy, or other
item that is substantially
commemorative in nature and
that is intended for
presentation.
(T) Anything for which, in an
unusual case, a waiver is
granted by the Committee on
Standards of Official Conduct.
(U) Food or refreshments of a
nominal value offered other
than as a part of a meal.
(V) Donations of products from
the district or State that the
Member, Delegate, or Resident
Commissioner represents that
are intended primarily for
promotional purposes, such as
display or free distribution,
and are of minimal value to any
single recipient.
(W) An item of nominal value
such as a greeting card,
baseball cap, or a T-shirt.
(4)(A) A Member, Delegate, Resident
Commissioner, officer, or employee of
the House may accept an offer of free
attendance at a widely attended
convention, conference, symposium,
forum, panel discussion, dinner,
viewing, reception, or similar event,
provided by the sponsor of the event,
if--
(i) the Member,
Delegate, Resident
Commissioner, officer,
or employee of the
House participates in
the event as a speaker
or a panel participant,
by presenting
information related to
Congress or matters
before Congress, or by
performing a ceremonial
function appropriate to
his official position;
or
(ii) attendance at the
event is appropriate to
the performance of the
official duties or
representative function
of the Member,
Delegate, Resident
Commissioner, officer,
or employee of the
House.
(B) A Member, Delegate,
Resident Commissioner, officer,
or employee of the House who
attends an event described in
subdivision (A) may accept a
sponsor's unsolicited offer of
free attendance at the event
for an accompanying individual.
(C) A Member, Delegate,
Resident Commissioner, officer,
or employee of the House, or
the spouse or dependent
thereof, may accept a sponsor's
unsolicited offer of free
attendance at a charity event,
except that reimbursement for
transportation and lodging may
not be accepted in connection
with the event unless--
(i) all of the net
proceeds of the event
are for the benefit of
an organization
described in section
501(c)(3) of the
Internal Revenue Code
of 1986 and exempt from
taxation under section
501(a) of such Code;
(ii) reimbursement for
the transportation and
lodging in connection
with the event is paid
by such organization;
and
(iii) the offer of free
attendance at the event
is made by such
organization.
(D) In this paragraph the term
``free attendance'' may include
waiver of all or part of a
conference or other fee, the
provision of local
transportation, or the
provision of food,
refreshments, entertainment,
and instructional materials
furnished to all attendees as
an integral part of the event.
The term does not include
entertainment collateral to the
event, nor does it include food
or refreshments taken other
than in a group setting with
all or substantially all other
attendees.
(5) A Member, Delegate, Resident
Commissioner, officer, or employee of
the House may not accept a gift of
value which exceeds $250 on the basis
of the personal friendship exception in
subparagraph (3)(D) unless the
Committee on Standards of Official
Conduct issues a written determination
that such exception applies. A
determination under this subparagraph
is not required for gifts given on the
basis of the family relationship
exception in subparagraph (3)(C).
(6) When it is not practicable to
return a tangible item because it is
perishable, the item may, at the
discretion of the recipient, be given
to an appropriate charity or destroyed.
(b)(1)(A) A reimbursement (including payment in
kind) to a Member, Delegate, Resident
Commissioner, officer, or employee of the House
for necessary transportation, lodging, and
related expenses for travel to a meeting,
speaking engagement, factfinding trip, or
similar event in connection with his duties as
an officeholder shall be considered as a
reimbursement to the House and not a gift
prohibited by this clause when it is from a
private source other than a registered lobbyist
or agent of a foreign principal or a private
entity that retains or employs registered
lobbyists or agents of a foreign principal
(except as provided in subdivision (C)), if the
Member, Delegate, Resident Commissioner,
officer, or employee--
(i) in the case of an
employee, receives
advance authorization,
from the Member,
Delegate, Resident
Commissioner, or
officer under whose
direct supervision the
employee works, to
accept reimbursement;
and
(ii) discloses the
expenses reimbursed or
to be reimbursed and
the authorization to
the Clerk within 15
days after the travel
is completed.
(B) For purposes of subdivision
(A), events, the activities of
which are substantially
recreational in nature, are not
considered to be in connection
with the duties of a Member,
Delegate, Resident
Commissioner, officer, or
employee of the House as an
officeholder.
(C) A reimbursement (including
payment in kind) to a Member,
Delegate, Resident
Commissioner, officer, or
employee of the House for any
purpose described in
subdivision (A) also shall be
considered as a reimbursement
to the House and not a gift
prohibited by this clause
(without regard to whether the
source retains or employs
registered lobbyists or agents
of a foreign principal) if it
is, under regulations
prescribed by the Committee on
Standards of Official Conduct
to implement this provision--
(i) directly from an
institution of higher
education within the
meaning of section 101
of the Higher Education
Act of 1965; or
(ii) provided only for
attendance at or
participation in a one-
day event (exclusive of
travel time and an
overnight stay).
Regulations prescribed to implement this provision may permit a
two-night stay when determined by the committee on a case-by-
case basis to be practically required to participate in the
one-day event.
(2) Each advance authorization to
accept reimbursement shall be signed by
the Member, Delegate, Resident
Commissioner, or officer of the House
under whose direct supervision the
employee works and shall include--
(A) the name of the employee;
(B) the name of the person who
will make the reimbursement;
(C) the time, place, and
purpose of the travel; and
(D) a determination that the
travel is in connection with
the duties of the employee as
an officeholder and would not
create the appearance that the
employee is using public office
for private gain.
(3) Each disclosure made under
subparagraph (1)(A) shall be signed by
the Member, Delegate, Resident
Commissioner, or officer (in the case
of travel by that Member, Delegate,
Resident Commissioner, or officer) or
by the Member, Delegate, Resident
Commissioner, or officer under whose
direct supervision the employee works
(in the case of travel by an employee)
and shall include--
(A) a good faith estimate of
total transportation expenses
reimbursed or to be reimbursed;
(B) a good faith estimate of
total lodging expenses
reimbursed or to be reimbursed;
(C) a good faith estimate of
total meal expenses reimbursed
or to be reimbursed;
(D) a good faith estimate of
the total of other expenses
reimbursed or to be reimbursed;
(E) a determination that all
such expenses are necessary
transportation, lodging, and
related expenses as defined in
subparagraph (4);
(F) a description of meetings
and events attended; and
(G) in the case of a
reimbursement to a Member,
Delegate, Resident
Commissioner, or officer, a
determination that the travel
was in connection with his
duties as an officeholder and
would not create the appearance
that the Member, Delegate,
Resident Commissioner, or
officer is using public office
for private gain.
(4) In this paragraph the term
``necessary transportation, lodging,
and related expenses''--
(A) includes reasonable
expenses that are necessary for
travel for a period not
exceeding four days within the
United States or seven days
exclusive of travel time
outside of the United States
unless approved in advance by
the Committee on Standards of
Official Conduct;
(B) is limited to reasonable
expenditures for
transportation, lodging,
conference fees and materials,
and food and refreshments,
including reimbursement for
necessary transportation,
whether or not such
transportation occurs within
the periods described in
subdivision (A);
(C) does not include
expenditures for recreational
activities, nor does it include
entertainment other than that
provided to all attendees as an
integral part of the event,
except for activities or
entertainment otherwise
permissible under this clause;
and
(D) may include travel expenses
incurred on behalf of a
relative of the Member,
Delegate, Resident
Commissioner, officer, or
employee.
(5) The Clerk of the House shall make
all advance authorizations,
certifications, and disclosures filed
pursuant to this paragraph available
for public inspection as soon as
possible after they are received.
(c)(1)(A) Except as provided in subdivision
(B), a Member, Delegate, Resident Commissioner,
officer, or employee of the House may not
accept a reimbursement (including payment in
kind) for transportation, lodging, or related
expenses for a trip on which the traveler is
accompanied on any segment by a registered
lobbyist or agent of a foreign principal.
(B) Subdivision (A) does not
apply to a trip for which the
source of reimbursement is an
institution of higher education
within the meaning of section
101 of the Higher Education Act
of 1965.
(2) A Member, Delegate, Resident
Commissioner, officer, or employee of
the House may not accept a
reimbursement (including payment in
kind) for transportation, lodging, or
related expenses under the exception in
paragraph (b)(1)(C)(ii) of this clause
for a trip that is financed in whole or
in part by a private entity that
retains or employs registered lobbyists
or agents of a foreign principal unless
any involvement of a registered
lobbyist or agent of a foreign
principal in the planning,
organization, request, or arrangement
of the trip is de minimis under rules
prescribed by the Committee on
Standards of Official Conduct to
implement paragraph (b)(1)(C) of this
clause.
(3) A Member, Delegate, Resident
Commissioner, officer, or employee of
the House may not accept a
reimbursement (including payment in
kind) for transportation, lodging, or
related expenses for a trip (other than
a trip permitted under paragraph
(b)(1)(C) of this clause) if such trip
is in any part planned, organized,
requested, or arranged by a registered
lobbyist or agent of a foreign
principal.
(d) A Member, Delegate, Resident Commissioner,
officer, or employee of the House shall, before
accepting travel otherwise permissible under
paragraph (b)(1) of this clause from any
private source--
(1) provide to the Committee on
Standards of Official Conduct before
such trip a written certification
signed by the source or (in the case of
a corporate person) by an officer of
the source--
(A) that the trip will not be
financed in any part by a
registered lobbyist or agent of
a foreign principal;
(B) that the source either--
(i) does not retain or
employ registered
lobbyists or agents of
a foreign principal; or
(ii) is an institution
of higher education
within the meaning of
section 101 of the
Higher Education Act of
1965; or
(iii) certifies that
the trip meets the
requirements specified
in rules prescribed by
the Committee on
Standards of Official
Conduct to implement
paragraph (b)(1)(C)(ii)
of this clause and
specifically details
the extent of any
involvement of a
registered lobbyist or
agent of a foreign
principal in the
planning, organization,
request, or arrangement
of the trip considered
to qualify as de
minimis under such
rules;
(C) that the source will not
accept from another source any
funds earmarked directly or
indirectly for the purpose of
financing any aspect of the
trip;
(D) that the traveler will not
be accompanied on any segment
of the trip by a registered
lobbyist or agent of a foreign
principal (except in the case
of a trip for which the source
of reimbursement is an
institution of higher education
within the meaning of section
101 of the Higher Education Act
of 1965); and
(E) that (except as permitted
in paragraph (b)(1)(C) of this
clause) the trip will not in
any part be planned, organized,
requested, or arranged by a
registered lobbyist or agent of
a foreign principal; and
(2) after the Committee on Standards of
Official Conduct has promulgated the
regulations mandated in paragraph
(i)(1)(B) of this clause, obtain the
prior approval of the committee for
such trip.
(e) A gift prohibited by paragraph (a)(1)
includes the following:
(1) Anything provided by a registered
lobbyist or an agent of a foreign
principal to an entity that is
maintained or controlled by a Member,
Delegate, Resident Commissioner,
officer, or employee of the House.
(2) A charitable contribution (as
defined in section 170(c) of the
Internal Revenue Code of 1986) made by
a registered lobbyist or an agent of a
foreign principal on the basis of a
designation, recommendation, or other
specification of a Member, Delegate,
Resident Commissioner, officer, or
employee of the House (not including a
mass mailing or other solicitation
directed to a broad category of persons
or entities), other than a charitable
contribution permitted by paragraph
(f).
(3) A contribution or other payment by
a registered lobbyist or an agent of a
foreign principal to a legal expense
fund established for the benefit of a
Member, Delegate, Resident
Commissioner, officer, or employee of
the House.
(4) A financial contribution or
expenditure made by a registered
lobbyist or an agent of a foreign
principal relating to a conference,
retreat, or similar event, sponsored by
or affiliated with an official
congressional organization, for or on
behalf of Members, Delegates, the
Resident Commissioner, officers, or
employees of the House.
(f)(1) A charitable contribution (as defined in
section 170(c) of the Internal Revenue Code of
1986) made by a registered lobbyist or an agent
of a foreign principal in lieu of an honorarium
to a Member, Delegate, Resident Commissioner,
officer, or employee of the House is not
considered a gift under this clause if it is
reported as provided in subparagraph (2).
(2) A Member, Delegate, Resident
Commissioner, officer, or employee who
designates or recommends a contribution
to a charitable organization in lieu of
an honorarium described in subparagraph
(1) shall report within 30 days after
such designation or recommendation to
the Clerk--
(A) the name and address of the
registered lobbyist who is
making the contribution in lieu
of an honorarium;
(B) the date and amount of the
contribution; and
(C) the name and address of the
charitable organization
designated or recommended by
the Member, Delegate, or
Resident Commissioner. The
Clerk shall make public
information received under this
subparagraph as soon as
possible after it is received.
(g) In this clause--
(1) the term ``registered lobbyist''
means a lobbyist registered under the
Federal Regulation of Lobbying Act or
any successor statute;
(2) the term ``agent of a foreign
principal'' means an agent of a foreign
principal registered under the Foreign
Agents Registration Act; and
(3) the terms ``officer'' and
``employee'' have the same meanings as
in rule XXIII.
(h) All the provisions of this clause shall be
interpreted and enforced solely by the
Committee on Standards of Official Conduct. The
Committee on Standards of Official Conduct is
authorized to issue guidance on any matter
contained in this clause.
(i)(1) Not later than 45 days after the date of
adoption of this paragraph and at annual
intervals thereafter, the Committee on
Standards of Official Conduct shall develop and
revise, as necessary--
(A) guidelines on judging the
reasonableness of an expense or
expenditure for purposes of
this clause, including the
factors that tend to
establish--
(i) a connection
between a trip and
official duties;
(ii) the reasonableness
of an amount spent by a
sponsor;
(iii) a relationship
between an event and an
officially connected
purpose; and
(iv) a direct and
immediate relationship
between a source of
funding and an event;
and
(B) regulations describing the
information it will require
individuals subject to this
clause to submit to the
committee in order to obtain
the prior approval of the
committee for any travel
covered by this clause,
including any required
certifications.
(2) In developing and revising
guidelines under paragraph (1)(A), the
committee shall take into account the
maximum per diem rates for official
Government travel published annually by
the General Services Administration,
the Department of State, and the
Department of Defense.
Claims against the Government
6. A person may not be an officer or employee of the
House, or continue in its employment, if he acts as an
agent for the prosecution of a claim against the
Government or if he is interested in such claim, except
as an original claimant or in the proper discharge of
official duties.
Legislative History To Accompany Changes to Rule X
109th Congress
[Congressional Record H25 January 4, 2005]
Rule X and the Committee on Homeland Security
Legislative history
Overall homeland security policy--The jurisdiction of the
Committee on Homeland Security over ``overall homeland security
policy'' is to be interpreted on a government-wide or multi-
agency basis similar to the Committee on Government Reform's
jurisdiction over ``overall economy, efficiency, and management
of government operations and activities. . . .'' Surgical
addresses of homeland security policy in sundry areas of
jurisdiction occupied by other committees would not be referred
to the Committee on Homeland Security on the basis of
``overall'' homeland security policy jurisdiction. For example,
the Committee on Homeland Security shall have jurisdiction over
a bill coordinating the homeland security efforts by all of the
critical infrastructure protection sectors. Jurisdiction over a
bill addressing the protection of a particular sector would lie
with the committee otherwise having jurisdiction over that
sector. Organization and administration of the Department of
Homeland Security--The jurisdiction of the Committee on
Homeland Security would apply only to organizational or
administrative aspects of the Department where another
committee's jurisdiction did not clearly apply. The Committee's
jurisdiction is to be confined to organizational and
administrative efforts and would not apply to programmatic
efforts within the Department of Homeland Security within the
jurisdiction of other committees. Homeland Security Oversight--
this would vest the Committee on Homeland Security with
oversight jurisdiction over the homeland security community of
the United States. Nothing in this clause shall be construed as
prohibiting or otherwise restricting the authority of any other
committee to study and review homeland security activities to
the extent that such activity directly affects a matter
otherwise within the jurisdiction of that committee.
Individual committee concerns
Agriculture--The jurisdiction of the Committee on Homeland
Security over ``border and port security'' shall be limited to
agricultural importation and entry inspection activities of the
Department of Homeland Security under section 421 of the
Homeland Security Act of 2002. The Committee on Agriculture
shall retain jurisdiction over animal and plant disease policy
including the authority reserved to the Department of
Agriculture to regulate policy under section 421 of the
Homeland Security Act of 2002, and the Animal Health Protection
Act, the Plant Protection Act, the Plant Quarantine Act, and
the Agriculture Quarantine Inspection User Fee Account. The
Committee on Agriculture shall retain jurisdiction over the
agricultural research and diagnosis mission at the Plum Island
Animal Disease Center.
Armed Services--The Committee on Armed Services shall
retain jurisdiction over warfighting, the military defense of
the United States, and other military activities, including any
military response to terrorism, pursuant to section 876 of the
Homeland Security Act of 2002.
Energy and Commerce--The Committee on Homeland Security
shall have jurisdiction over measures that address the
Department of Homeland Security's activities for domestic
preparedness and collective response to terrorism. The words
``to terrorism'' require a direct relation to terrorism. The
Committee on Homeland Security's jurisdiction over ``collective
response to terrorism'' means that it shall receive referrals
of bills addressing the Department of Homeland Security's
responsibilities for, and assistance to, first responders as a
whole. The Committee on Energy and Commerce (and other relevant
committees) shall retain their jurisdiction over bills
addressing the separate entities that comprise the first
responders. For example, the Committee on Energy and Commerce
shall retain its jurisdiction over a bill directing the
Department of Health and Human Services to train emergency
medical personnel.
Financial Services--The Committee on Financial Services
shall retain jurisdiction over the National Flood Insurance
Program and Emergency Food and Shelter Program of FEMA, and the
Defense Production Act. The Committee on Financial Services
shall retain its jurisdiction over the anti-money laundering,
terrorist financing, and anti-counterfeiting activities within
the Department of the Treasury and the financial regulators.
Government Reform--The Committee on Homeland Security shall
have jurisdiction over ``the organization and administration of
the Department of Homeland Security.'' The Committee on
Government Reform shall retain jurisdiction over federal civil
service, the overall economy, efficiency, and management of
government operations and activities, including Federal
procurement, and federal paperwork reduction. The Committee on
Government Reform shall retain jurisdiction over government-
wide information management efforts including the Federal
Information Security Management Act. The Committee on Homeland
Security shall have jurisdiction over integration, analysis,
and dissemination of homeland security information by the
Department of Homeland Security, and the Committee on
Government Reform shall retain jurisdiction over measures
addressing public information and records generally including
the Privacy Act and the Freedom of Information Act. The
Committee on Government Reform shall have jurisdiction over the
policy coordination responsibilities of the Office of
Counternarcotics Enforcement.
Intelligence--The Permanent Select Committee on
Intelligence shall retain jurisdiction over the intelligence
and intelligence--related activities of all departments and
agencies of the Federal Government, including the Office of the
Director of National Intelligence and the National
Counterterrorism Center as defined in the Intelligence Reform
and Terrorism Prevention Act of 2004.
Judiciary--The Committee on the Judiciary shall retain
jurisdiction over immigration policy and non-border enforcement
of the immigration laws. Its jurisdiction over immigration
policy shall include matters such as the immigration and
naturalization process, numbers of aliens (including immigrants
and non-immigrants) allowed, classifications and lengths of
allowable stay, the adjudication of immigration petitions and
the requirements for the same, the domestic adjudication of
immigration petitions and applications submitted to the
Department of Labor or the Department of Homeland Security and
setting policy with regard to visa issuance and acceptance. Its
jurisdiction over non-border enforcement shall be limited to
those aspects of immigration enforcement not associated with
the immediate entry of individuals into the country, including
those aspects of the Bureau of Immigration and Customs
Enforcement. The Committee on Homeland Security shall have
jurisdiction over border and port security including the
immigration responsibilities of inspectors at ports of entry
and the border patrol. As used in the new Rule X(1)(l)(9) and
this legislative history, the word ``immigration'' shall be
construed to include ``naturalization'' and no substantive
change is intended by the new rule's not containing the word
``naturalization.''
Science--The Committee on Science shall retain some
jurisdiction over the research and development activities of
the Department of Homeland Security as such matters are
incidental to the Committee on Science's existing jurisdiction
(except where those activities are in the jurisdiction of
another committee).
Transportation and Infrastructure--The Committee on
Transportation and Infrastructure shall retain jurisdiction
over the Coast Guard. However, the Committee on Homeland
Security has jurisdiction over port security, and some Coast
Guard responsibilities in that area will fall within the
jurisdiction of both committees. Jurisdiction over emergency
preparedness will be split between the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security. The Committee on Transportation and Infrastructure
shall retain its jurisdiction under clause 1(r)(2) over
``federal management of emergencies and natural disasters.''
This means that the committee retains its general jurisdiction
over the emergency preparedness and response operations of the
Federal Emergency Management Agency (FEMA). Bills addressing
FEMA's general preparation for disaster from any cause shall be
referred to the Committee on Transportation and Infrastructure.
The Committee on Homeland Security shall have jurisdiction over
the Department of Homeland Security's responsibilities with
regard to emergency preparedness only as they relate to acts of
terrorism. Thus, the Committee on Homeland Security shall have
jurisdiction over the responsibilities of the Office for
Domestic Preparedness, in accordance with section 430 of the
Homeland Security Act of 2002. As indicated earlier, the
Committee on Homeland Security's jurisdiction over ``collective
response to terrorism'' means that it would receive referrals
of bills addressing the Department of Homeland Security's
responsibilities for, and assistance to, first responders as a
whole and not over measures addressing first responder
communities individually. The Committee on Homeland Security
shall have jurisdiction over the functions of the Department of
Homeland Security relating to transportation security, while
the Committee on Transportation and Infrastructure shall retain
its jurisdiction over transportation safety. In general, the
Committee on Homeland Security would have jurisdiction over
bills addressing the Transportation Security Administration and
the Committee on Transportation and Infrastructure would have
jurisdiction over bills addressing the various entities within
the Department of Transportation having responsibility for
transportation safety, such as the Federal Aviation
Administration and the Federal Motor Carrier Safety
Administration. The jurisdiction of the Committee on Homeland
Security does not include expenditures from trust funds under
the jurisdiction of other committees, including but not limited
to the Highway Trust Fund, the Airport and Airway Trust Fund,
the Harbor Maintenance Trust Fund, the Federal Buildings Fund,
and the Inland Waterways Trust Fund.
Ways and Means--The jurisdiction of the Committee on Ways
and Means over ``customs revenue'' is intended to include those
functions contemplated in section 412(b)(2) of the Homeland
Security Act of 2002 and includes those functions as carried
out in collection districts and ports of entry and delivery.
------
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE AND
THE COMMITTEE ON HOMELAND SECURITY
[Congressional Record H15, January 4, 2007]
On January 4, 2005, the U.S. House of Representatives
adopted H. Res. 5, establishing the Rules of the House for the
109th Congress. Section 2(a) established the Committee on
Homeland Security as a standing committee of the House of
Representatives with specific legislative jurisdiction under
House Rule X. A legislative history to accompany the changes to
House Rule X was inserted in the Congressional Record on
January 4, 2005.
The Committee on Transportation and Infrastructure and the
Committee on Homeland Security (hereinafter ``Committees'')
jointly agree to the January 4, 2005 legislative history as the
authoritative source of legislative history of section 2(a) of
H. Res. 5 with the following two clarifications.
First, with regard to the Federal Emergency Management
Agency's, FEMA, emergency preparedness and response programs,
the Committee on Homeland Security has jurisdiction over the
Department of Homeland Security's responsibilities with regard
to emergency preparedness and collective response only as they
relate to terrorism. However, in light of the federal emergency
management reforms that were enacted as title VI of Public Law
109(295, a bill amending FEMA's all-hazards emergency
preparedness programs that necessarily addresses FEMA's
terrorism preparedness programs would be referred to the
Committee on Transportation and Infrastructure; in addition,
the Committee on Homeland Security would have a jurisdictional
interest in such bill. Nothing in this Memorandum of
Understanding affects the jurisdiction of the Committee on
Transportation and Infrastructure of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act and the Federal
Fire Prevention and Control Act of 1974.
Second, with regard to port security, the Committee on
Homeland Security has jurisdiction over port security, and some
Coast Guard responsibilities in that area fall within the
jurisdiction of both Committees. A bill addressing the
activities, programs, assets, and personnel of the Coast Guard
as they relate to port security and non-port security missions
would be referred to the Committee on Transportation and
Infrastructure; in addition, the Committee on Homeland Security
would have a jurisdictional interest in such bill.
This Memorandum of Understanding between the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security provides further clarification to the January 4, 2005
legislative history of the jurisdiction of the Committees only
with regard to these two specific issues. The Memorandum does
not address any other issues and does not affect the
jurisdiction of other committees.
James L. Oberstar
Chairman-designate,
Committee on Transportation & Infrastructure
Bennie G. Thompson
Chairman-designate,
Committee on Homeland Security