[House Prints 112-A]
[From the U.S. Government Publishing Office]
112th Congress } { Committee
1st Session } COMMITTEE PRINT { Print 112-A
_______________________________________________________________________
COMMITTEE ON HOMELAND SECURITY
U.S. HOUSE OF REPRESENTATIVES
__________
RULES AND APPENDIX
for the
COMMITTEE ON HOMELAND SECURITY
during the
ONE HUNDRED TWELFTH CONGRESS
FIRST SESSION
__________
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Adopted January 2011
----------
U.S. GOVERNMENT PRINTING OFFICE
64-703 PDF WASHINGTON : 2011
112th Congress } { Committee
1st Session } COMMITTEE PRINT { Print 112-A
_______________________________________________________________________
COMMITTEE ON HOMELAND SECURITY
U.S. HOUSE OF REPRESENTATIVES
__________
RULES AND APPENDIX
for the
COMMITTEE ON HOMELAND SECURITY
during the
ONE HUNDRED TWELFTH CONGRESS
FIRST SESSION
__________
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Adopted January 2011
COMMITTEE ON HOMELAND SECURITY
Peter T. King, New York, Chairman
Lamar Smith, Texas Bennie G. Thompson, Mississippi,
Daniel E. Lungren, California Loretta Sanchez, California
Mike Rogers, Alabama Jane Harman, California
Michael T. McCaul, Texas Sheila Jackson Lee, Texas
Gus M. Bilirakis, Florida Henry Cuellar, Texas
Paul C. Broun, Georgia Yvette D. Clarke, New York
Candice S. Miller, Michigan Laura Richardson, California
Tim Walberg, Michigan Donna M. Christensen, U.S. Virgin
Chip Cravaack, Minnesota Islands
Joe Walsh, Illinois Danny K. Davis, Illinois
Patrick Meehan, Pennsylvania Brian Higgins, New York
Ben Quayle, Arizona Jackie Speier, California
Scott Rigell, Virginia Cedric L. Richmond, Louisiana
Billy Long, Missouri Hansen Clarke, Michigan
Jeff Duncan, South Carolina William R. Keating, Massachusetts
Tom Marino, Pennsylvania
Blake Farenthold, Texas
Mo Brooks, Alabama
Michael Russell, Staff Director & Chief Counsel
Mandy Bowers, Senior Policy Director
Michael Twinchek, Chief Clerk
I. Lanier Avant, Minority Staff Director
(II)
C O N T E N T S
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Page
Rules of the Committee on Homeland Security
Rule I.--General Provisions...................................... 1
Rule II.--Time of Meetings....................................... 2
Rule III.--Notice and Publication................................ 2
Rule IV.--Open Meetings and Hearings; Broadcasting............... 3
Rule V.--Procedures for Meetings and Hearings.................... 4
Rule VI.--Witnesses.............................................. 4
Rule VII.--Quorum................................................ 6
Rule VIII.--Decorum.............................................. 6
Rule IX.--Subcommittees.......................................... 6
Rule X.--Committee Panels........................................ 7
Rule XI.--Referrals to Subcommittees............................. 8
Rule XII.--Subponeas............................................. 8
Rule XIII.--Committee Staff...................................... 9
Rule XIV.--Committee Member and Committee Staff Travel........... 10
Rule XV.--Classified and Controlled Unclassified Information..... 11
Rule XVI.--Committee Records..................................... 12
Rule XVII.--Committee Rules...................................... 13
Appendices
Applicable Provisions of House Rules 17
Rule VII--Records of the House............................... 17
Rule X--Organization of Committees........................... 19
Rule XI--Procedures of Committees and Unfinished Business.... 29
Rule XII--Receipt and Referral of Measures and Matters....... 38
Rule XII--Calendars and Committee Reports.................... 41
Rule XVII--Decorum and Debate................................ 45
Rule XXI--Restrictions on Certain Bills...................... 47
Rule XXIII--Code of Official Conduct......................... 51
Rule XXV--Limitations on Outside Earned Income and Acceptance
of Gifts................................................... 55
Rule XXIV--Limitations on Use of Official Funds.............. 56
Rule XXVI--Financial Disclosure.............................. 70
Rule XXVI--Disclosure by Members and Staff of Employment
Negotiations............................................... 92
Legislative History to Accompany Changes to Rule X (109th
Congress) 95
Committee Rules
Adopted January 26, 2011
RULE I.--GENERAL PROVISIONS.
(A) Applicability of the Rules of the U.S. House of
Representatives.--The Rules of the U.S. House of
Representatives (the ``House'') are the rules of the
Committee on Homeland Security (the ``Committee'') and
its subcommittees insofar as applicable.
(B) Applicability to Subcommittees.--Except where the
terms ``Full Committee'' and ``subcommittee'' are
specifically mentioned, the following rules shall apply
to the Committee's subcommittees and their respective
Chairmen and Ranking Minority Members to the same
extent as they apply to the Full Committee and its
Chairman and Ranking Minority Member.
(C) Appointments by the Chairman.--Clause 2(d) of Rule
XI of the House shall govern the designation of a Vice
Chairman of the Full Committee.
(D) 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 web site for the
same purposes. The official Committee web site shall
display a link on its home page to the web site
maintained by the Ranking Minority Member.
(G) Activity Report.--Not later than the 30th day after
June 1 and December 1, the Committee shall submit to
the House a semiannual report on the activities of the
Committee. After adjournment sine die of a regular
session of Congress, or after December 15, whichever
occurs first, the Chair may file the second or fourth
semiannual report with the Clerk at any time and
without approval of the Committee provided that a copy
of the report has been available to each Member of the
Committee for at least seven calendar days and the
report includes any supplemental, minority, or
additional views submitted by a Member of the
Committee.
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 at 10:00 a.m. on the first Wednesday
that the House is in Session each month, unless
otherwise directed by the Chairman.
(B) Additional Meetings.--At the discretion of the
Chairman, additional meetings of the Committee may be
scheduled for the consideration of any legislation or
other matters pending before the Committee or to
conduct other Committee business. The Committee shall
meet for such purposes pursuant to the call of the
Chairman.
(C) Consideration.--Except in the case of a special
meeting held under clause 2(c)(2) of House Rule XI, the
determination of the business to be considered at each
meeting of the Committee shall be made by the Chairman.
RULE III.--NOTICE AND PUBLICATION.
(A) Notice.--
(1) Hearings.--Pursuant to clause 2(g)(3) of
rule XI of the Rules of the House of
Representatives, the Chairman of the Committee
shall make public announcement of the date,
place, and subject matter of any hearing before
the Full Committee or subcommittee, which may
not commence earlier than one week after such
notice. However, if the Chairman of the
Committee, with the concurrence of the Ranking
Minority Member, determines that there is good
cause to begin the hearing sooner, or if the
Committee so determines by majority vote, a
quorum being present for the transaction of
business, the Chairman shall make the
announcement at the earliest possible date. 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.
(2) Meetings.--The date, time, place and
subject matter of any meeting, other than a
hearing or a regularly scheduled meeting, may
not commence earlier than the third day on
which Members have notice thereof except in the
case of a special meeting called under clause
2(c)(2) of House Rule XI. These notice
requirements may be waived if the Chairman with
the concurrence of the Ranking Minority Member,
determines that there is good cause to begin
the meeting sooner or if the Committee so
determines by majority vote, a quorum being
present for the transaction of business.
(a) Copies of any measure or matter 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) At least 24 hours prior to the
commencement of a meeting for the
markup of a measure or matter, the text
of such measure or matter, including
any mark, print or amendment in the
nature of a substitute, shall be made
publicly available in electronic form
and, to the extent practicable, posted
on the official Committee web site.
(c) Not later than 24 hours after
concluding a meeting to consider a
measure or matter, the text of such
measure or matter as ordered forwarded
or reported, including any adopted
amendments, shall be made publicly
available in electronic form and, to
the extent practicable, posted on the
official Committee web site.
(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. Pursuant to clause 2(e) of rule XI of the
Rules of the House of Representatives, the Committee
shall, to the greatest extent practicable, provide
audio and video coverage of each hearing or meeting in
a manner that allows the public to easily listen to and
view the proceedings and shall maintain the recordings
of such coverage in a manner that is easily accessible
to the public.
(C) Transcripts.--A transcript shall be made of the
testimony of each witness appearing before the
Committee during a Committee hearing. All transcripts
of meetings or hearings that are open to the public
shall be made available.
RULE 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,
including, when practicable, circulation of notice by
the Clerk of the Committee. 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
clause 2(j)(2) of House Rule XI.
(2) In questioning witnesses under the five--
minute rule, the Chairman and the Ranking
Minority Member shall first be recognized. In a
subcommittee meeting or hearing, the Chairman
and Ranking Minority Member of the Full
Committee are then recognized. All other
Members 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 period of time, but the time
allotted must be equally apportioned to the
Majority and Minority staff and may not exceed
one hour in the aggregate.
(B) Minority Witnesses.--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. The Clerk of the Committee shall
provide any such prepared or written statement
submitted to the Clerk prior to the hearing to
the Members of the Committee prior to the
commencement of the hearing.
(2) To the greatest extent practicable, the
written testimony of each witness appearing in
a non--governmental capacity shall include a
curriculum vita 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. Such
disclosures shall be made publicly available,
with appropriate redactions to protect the
privacy of the witness, in electronic form not
later than one day after the witness appears.
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, Committee Members' personal staff may be
present on the dais during a hearing if their employing
Member is seated on the dais and during a markup or
other meeting if their employing Member is the author
of a measure or amendment under consideration by the
Committee, but only during the time that the measure or
amendment is under active consideration by the
Committee, or otherwise at the discretion of the
Chairman, or of the Ranking Minority Member for
personal staff employed by a Minority Member.
(C) Wireless Communications Use Prohibited.--During a
hearing, mark--up, or other meeting of the Committee,
ringing or audible sounds or conversational use of
cellular telephones or other electronic devices is
prohibited in the Committee room.
RULE IX.--SUBCOMMITTEES.
(A) Generally.--The Full Committee shall be organized
into the following six standing subcommittees and shall
have specific responsibility for such measures or
matters as the Chairman refers to it:
(1) Subcommittee on Border and Maritime
Security
(2) Subcommittee on Emergency Preparedness,
Response and Communications
(3) Subcommittee on Transportation Security
(4) Subcommittee on Counterterrorism and
Intelligence
(5) Subcommittee on Cybersecurity,
Infrastructure Protection, and Security
Technologies
(6) Subcommittee on Oversight, Investigations,
and Management
(B) Selection and Ratio of Subcommittee Members.--The
Chairman and Ranking Minority Member of the Full
Committee shall select their respective Members of each
subcommittee. The ratio of Majority to Minority Members
shall be comparable to the Full Committee, except that
each subcommittee shall have at least two more Majority
Members than Minority Members.
(C) Ex Officio Members.--The Chairman and Ranking
Minority Member of the Full Committee shall be ex
officio members of each subcommittee but are not
authorized to vote on matters that arise before each
subcommittee. The Chairman and Ranking Minority Member
of the Full Committee shall only be counted to satisfy
the quorum requirement for the purpose of taking
testimony and receiving evidence.
(D) Powers and Duties of Subcommittees.--Except as
otherwise directed by the Chairman of the Full
Committee, each subcommittee is authorized to meet,
hold hearings, receive testimony, mark up legislation,
and report to the Full Committee on all matters within
its purview. Subcommittee Chairmen shall set hearing
and meeting dates only with the approval of the
Chairman of the Full Committee. To the greatest extent
practicable, no more than one meeting and hearing
should be scheduled for a given time.
(E) Special Voting Provision.--If a tie vote occurs in
a Subcommittee on the question of forwarding 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.
RULE X.--COMMITTEE PANELS.
(A) Designation.--The Chairman of the Full Committee,
with the concurrence of the Ranking Minority Member,
may designate a panel of the Committee consisting of
Members of the Committee to inquire into and take
testimony on a matter or matters that warrant enhanced
consideration and to report to the Committee.
(B) Duration.--No panel appointed by the Chairman shall
continue in existence for more than six months after
the appointment.
(C) Party Ratios and Appointment.--Consistent with the
party ratios established by the Majority party, all
Majority members of the panels shall be appointed by
the Chairman of the Committee, and all Minority members
shall be appointed by the Ranking Minority Member of
the Committee. The Chairman of the Committee shall
choose one of the Majority Members so appointed who
does not currently chair another Subcommittee of the
Committee to serve as Chairman of the panel. The
Ranking Minority Member of the Committee shall
similarly choose the Ranking Minority Member of the
panel.
(D) Ex Officio Members.--The Chairman and Ranking
Minority Member of the Full Committee may serve as ex--
officio Members of each committee panel but are not
authorized to vote on matters that arise before a
committee panel and shall not be counted to satisfy the
quorum requirement for any purpose other than taking
testimony.
(E) Jurisdiction.--No panel shall have legislative
jurisdiction.
(F) Applicability of Committee Rules.--Any designated
panel shall be subject to all Committee Rules herein.
RULE XI.--REFERRALS TO SUBCOMMITTEES.
Referral of Bills and Other Matters by Chairman.--Except
for bills and other matters retained by the Chairman for Full
Committee consideration, each bill or other matter referred to
the Full Committee shall be referred by the Chairman to one or
more subcommittees within two weeks of receipt by the
Committee. In referring any measure or matter to a
subcommittee, the Chair may specify a date by which the
subcommittee shall report thereon to the Full Committee. Bills
or other matters referred to subcommittees may be reassigned or
discharged by the Chairman.
RULE XII.--SUBPOENAS.
(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 pursuant to a concurrent
resolution 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 XIII.--COMMITTEE STAFF.
(A) Generally.--Committee staff members are subject to
the provisions of clause 9 of House Rule X and must be
eligible to be considered for routine access to
classified information.
(B) Staff Assignments.--For purposes of these rules,
Committee staff means the employees of the Committee,
detailees, fellows, or any other person engaged by
contract or otherwise to perform services for, or at
the request of, the Committee. All such persons shall
be either Majority, Minority, or shared staff. The
Chairman shall appoint, 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 XIV.--COMMITTEE MEMBER AND COMMITTEE 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 Committee Member or Committee staff shall be paid
only upon the prior authorization of the Chairman.
Travel may be authorized by the Chairman for any
Committee Member or Committee staff only in connection
with official Committee business, such as the
attendance of hearings conducted by the Committee and
meetings, conferences, site visits, and investigations
that involve activities or subject matters under the
general jurisdiction of the Full Committee.
(1) Proposed Travel by Majority Party Committee
Members and Committee Staff.--In the case of
proposed travel by Majority party Committee
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;
(d) the estimated total cost of the travel; and
(e) 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 a subject matter
under 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 Committee
Members and Committee Staff.--In the case of
proposed travel by Minority party Committee
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),
(d) and (e) of subparagraph (1) and his or her
determination that such travel complies with
the other requirements of subparagraph (1).
(B) Foreign Travel.--All Committee Members and
Committee staff requests for foreign travel must
include a written representation setting forth the
information specified in items (a), (b), (c), (d) and
(e) of subparagraph (A)(1) and be submitted to the
Chairman not fewer than ten business days prior to the
start of the travel. Within thirty days of the
conclusion of any such foreign travel authorized under
this rule, there shall be submitted to the Chairman a
written report summarizing the information gained as a
result of the travel in question, or other Committee
objectives served by such travel. The requirements of
this section may be waived or abridged by the Chairman.
(C) Compliance with Committee Travel Policy and
Guidelines.--Travel must be in accordance with the
Committee Travel Policy and Guidelines, as well as with
House Rules, the Travel Guidelines and Regulations and
any additional guidance set forth by the Committee on
Ethics and the Committee on House Administration.
Committee Members and staff shall follow these rules,
policies, guidelines, and regulations in requesting and
proceeding with any Committee--related travel.
RULE XV.--CLASSIFIED AND CONTROLLED UNCLASSIFIED INFORMATION.
(A) Security Precautions.--Committee staff offices,
including Majority and Minority offices, shall operate
under strict security precautions administered by the
Security Officer of the Committee. A security officer
shall be on duty at all times during normal office
hours. Classified documents and controlled unclassified
information (CUI)-- formerly known as sensitive but
unclassified (SBU) information-- may be destroyed,
discussed, examined, handled, reviewed, stored,
transported and used only in an appropriately secure
manner in accordance with all applicable laws,
executive orders, and other governing authorities. Such
documents may be removed from the Committee's offices
only in furtherance of official Committee business.
Appropriate security procedures, as determined by the
Chairman in consultation with the Ranking Minority
Member, shall govern the handling of such documents
removed from the Committee's offices.
(B) Temporary Custody of Executive Branch Material.--
Executive branch documents or other materials
containing classified information in any form that were
not made part of the record of a Committee hearing, did
not originate in the Committee or the House, and are
not otherwise records of the Committee shall, while in
the custody of the Committee, be segregated and
maintained by the Committee in the same manner as
Committee records that are classified. Such documents
and other materials shall be returned to the Executive
branch agency from which they were obtained at the
earliest practicable time.
(C) Access by Committee Staff.--Access to classified
information supplied to the Committee shall be limited
to Committee staff members with appropriate security
clearances and a need--to--know, as determined by the
Chairman or Ranking Minority Member, and under the
direction of the Majority or Minority Staff Directors.
(D) Maintaining Confidentiality.--No Committee Member
or Committee staff shall disclose, in whole or in part
or by way of summary, to any person who is not a
Committee Member or authorized Committee staff for any
purpose or in connection with any proceeding, judicial
or otherwise, any testimony given before the Committee
in executive session. Classified information and
controlled unclassified information (CUI) shall be
handled in accordance with all applicable laws,
executive orders, and other governing authorities and
consistently with the provisions of these rules and
Committee procedures.
(E) Oath.--Before a Committee Member or Committee staff
may have access to classified information, the
following oath (or affirmation) shall be executed:
I do solemnly swear (or affirm) that I will not
disclose any classified information received in
the course of my service on the Committee on
Homeland Security, except as authorized by the
Committee or the House of Representatives or in
accordance with the Rules of such Committee or
the Rules of the House.
Copies of the executed oath (or affirmation) shall be
retained by the Clerk of the Committee as part of the
records of the Committee.
(F) Disciplinary Action.--The Chairman shall
immediately consider disciplinary action in the event
any Committee Member or Committee staff member fails to
conform to the provisions of these rules governing the
disclosure of classified or unclassified information.
Such disciplinary action may include, but shall not be
limited to, immediate dismissal from the Committee
staff, criminal referral to the Justice Department, and
notification of the Speaker of the House. With respect
to Minority staff, the Chairman shall consider such
disciplinary action in consultation with the Ranking
Minority Member.
RULE XVI.--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 clause 2(e) of House Rule XI .
(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) Availability of Committee Records.--The Committee
shall keep a complete record of all Committee action
including recorded votes and attendance at hearings and
meetings. Information so available for public
inspection shall include a description of each
amendment, motion, order, or other proposition,
including the name of the Member who offered the
amendment, motion, order, or other proposition, and the
name of each Member voting for and each Member voting
against each such amendment, motion, order, or
proposition, as well as the names of those Members
present but not voting. Such record shall be made
available to the public at reasonable times within the
Committee offices and also made publicly available in
electronic form and posted on the official Committee
web site within 48 hours of such record vote.
(G) Separate and Distinct.--All Committee records and
files must be kept separate and distinct from the
office records of the Members serving as Chairman and
Ranking Minority Member. Records and files of Members'
personal offices shall not be considered records or
files of the Committee.
(H) Disposition of Committee Records.--At the
conclusion of each Congress, non--current records of
the Committee shall be delivered to the Archivist of
the United States in accordance with Rule VII of the
Rules of the House.
(I) Archived Records.--The records of the Committee at
the National Archives and Records Administration shall
be made available for public use in accordance with
Rule VII of the Rules of the House. The Chairman shall
notify the Ranking Minority Member of any decision,
pursuant to clause 3(b)(3) or clause 4(b) of the Rule,
to withhold a record otherwise available, and the
matter shall be presented to the Committee for a
determination on the written request of any member of
the Committee. The Chairman shall consult with the
Ranking Minority Member on any communication from the
Archivist of the United States or the Clerk of the
House concerning the disposition of noncurrent records
pursuant to clause 3(b) of the Rule.
RULE XVII.-- COMMITTEE RULES.
(A) Availability of Committee Rules in Electronic
Form.--Pursuant to clause 2(a) of rule XI of the Rules
of the House of Representatives, the Committee shall
make its rules publicly available in electronic form
and posted on the official Committee web site and shall
submit such rules for publication in the Congressional
Record not later than 30 days after the Chairman of the
Committee is elected in each odd--numbered year.
(B) Changes to Committee Rules.--These rules may be
modified, amended, or repealed by the Full Committee
provided that a notice in writing of the proposed
change has been given to each Member at least 48 hours
prior to the meeting at which action thereon is to be
taken and such changes are not inconsistent with the
Rules of the House of Representatives.
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A P P E N D I C E S
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Applicable Provisions of House Rules
RULES of the HOUSE OF REPRESENTATIVES
ONE HUNDRED TWELFTH CONGRESS
(January 5, 2011)
RULE VII
RECORDS OF THE HOUSE
Archiving
1. (a) At the end of each Congress, the chair of each
committee shall transfer to the Clerk any noncurrent
records of such committee, including the subcommittees
thereof.
(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
chair 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 therefor.
* * * * * * *
RULE X
ORGANIZATION OF COMMITTEES
Committees and their legislative jurisdictions
1. There shall be in the House the following standing
committees, each of which shall have the jurisdiction
and related functions assigned by this clause and
clauses 2, 3, and 4. All bills, resolutions, and other
matters relating to subjects within the jurisdiction of
the standing committees listed in this clause shall be
referred to those committees, in accordance with clause
2 of rule XII, as follows:
* * * * * * *
(j) Committee on Homeland Security.
(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;
(E) have a view toward insuring against
duplication of Federal programs; and
(F) include proposals to cut or
eliminate programs, including mandatory
spending programs, that are
inefficient, duplicative, outdated, or
more appropriately administered by
State or local governments.
(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)(1) The Committee on Homeland Security shall
review and study on a continuing basis all Government
activities relating to homeland security, including the
interaction of all departments and agencies with the
Department of Homeland Security.
(2) In addition, the committee shall
review and study on a primary and
continuing basis all Government
activities, programs and organizations
related to homeland security that fall
within its primary legislative
jurisdiction.
* * * * * * *
Additional functions of committees
* * * * * * *
4. (e)(1) Each standing committee shall, in its
consideration of all public bills and public joint
resolutions within its jurisdiction, ensure that
appropriations for continuing programs and activities
of the Federal Government and the government of the
District of Columbia will be made annually to the
maximum extent feasible and consistent with the nature,
requirement, and objective of the programs and
activities involved. In this subparagraph programs and
activities of the Federal Government and the government
of the District of Columbia includes programs and
activities of any department, agency, establishment,
wholly owned Government corporation, or instrumentality
of the Federal Government or of the government of the
District of Columbia.
(2) Each standing committee shall review from
time to time each continuing program within its
jurisdiction for which appropriations are not
made annually to ascertain whether the program
should be modified to provide for annual
appropriations.
Budget Act responsibilities
(f)(1) Each standing committee shall submit to the
Committee on the Budget not later than six weeks after
the President submits his budget, or at such time as
the Committee on the Budget may request--
(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.
* * * * * * *
Election and membership of standing committees
5. (a)(1) The standing committees specified in clause 1
shall be elected by the House within seven calendar
days after the commencement of each Congress, from
nominations submitted by the respective party caucus or
conference. A resolution proposing to change the
composition of a standing committee shall be privileged
if offered by direction of the party caucus or
conference concerned.
* * * * * * *
(4)(A) At the beginning of a Congress, the Speaker or
his designee and the Minority Leader or his designee
each shall name 10 Members, Delegates, or the Resident
Commissioner from his respective party who are not
members of the Committee on Ethics to be available to
serve on investigative subcommittees of that committee
during that Congress. The lists of Members, Delegates,
or the Resident Commissioner so named shall be
announced to the House.
* * * * * * *
(b)(1) Membership on a standing committee during the
course of a Congress shall be contingent on continuing
membership in the party caucus or conference that
nominated the Member, Delegate, or Resident
Commissioner concerned for election to such committee.
Should a Member, Delegate, or Resident Commissioner
cease to be a member of a particular party caucus or
conference, that Member, Delegate, or Resident
Commissioner shall automatically cease to be a member
of each standing committee to which he was elected on
the basis of nomination by that caucus or conference.
The chair of the relevant party caucus or conference
shall notify the Speaker whenever a Member, Delegate,
or Resident Commissioner ceases to be a member of that
caucus or conference. The Speaker shall notify the
chair of each affected committee that the election of
such Member, Delegate, or Resident Commissioner to the
committee is automatically vacated under this
subparagraph.
(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 chair
or ranking minority member of a
committee on each of its subcommittees
under a committee rule does not count
against the limitation on subcommittee
service.
* * * * * * *
(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
chair thereof. In the temporary absence
of the chair, the member next in rank
(and so on, as often as the case shall
happen) shall act as chair. Rank shall
be determined by the order members are
named in resolutions electing them to
the committee. In the case of a
permanent vacancy in the elected
chairmanship of a committee, the House
shall elect another chair.
* * * * * * *
(d)(1) Except as permitted by subparagraph (2), a
committee may have not more than five subcommittees.
(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 expenditures for the respective
anticipated activities and programs of the
committee, commission, or other entity as may
be appropriate to provide the House with basic
estimates of the expenditures contemplated by
the primary expense resolution.
(b) After the date of adoption by the House of a
primary expense resolution for a committee, commission,
or other entity for a Congress, authorization for the
payment of additional expenses (including staff
salaries) in that Congress may be procured by one or
more supplemental expense resolutions reported by the
Committee on House Administration, as necessary. A
supplemental expense resolution reported to the House
may not be considered in the House unless a printed
report thereon was available on the previous calendar
day. For the information of the House, such report
shall--
(1) state the total amount of additional funds
to be provided to the committee, commission, or
other entity under the supplemental expense
resolution and the purposes for which those
additional funds are available; and
(2) state the reasons for the failure to
procure the additional funds for the committee,
commission, or other entity by means of the
primary expense resolution.
(c) The preceding provisions of this
clause do not apply to--
(1) a resolution providing for the payment from
committee salary and expense accounts of the
House of sums necessary to pay compensation for
staff services performed for, or to pay other
expenses of, a committee, commission, or other
entity at any time after the beginning of an
odd numbered year and before the date of
adoption by the House of the primary expense
resolution described in paragraph (a) for that
year; or
(2) a resolution providing each of the standing
committees in a Congress additional office
equipment, airmail and special-delivery postage
stamps, supplies, staff personnel, or any other
specific item for the operation of the standing
committees, and containing an authorization for
the payment from committee salary and expense
accounts of the House of the expenses of any of
the foregoing items provided by that
resolution, subject to and until enactment of
the provisions of the resolution as permanent
law.
(d) From the funds made available for
the appointment of committee staff by a
primary or additional expense
resolution, the chair of each committee
shall ensure that sufficient staff is
made available to each subcommittee to
carry out its responsibilities under
the rules of the committee and that the
minority party is treated fairly in the
appointment of such staff.
(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 chair of the committee, except as provided in
paragraph (e), and approved by the Committee on House
Administration.
(e) Notwithstanding any provision of law, rule of the
House, or other authority, from noon on January 3 of
the first session of a Congress until the election by
the House of the committee concerned in that Congress,
payments under this clause shall be made on vouchers
signed by the ranking member of the committee as it was
constituted at the expiration of the preceding Congress
who is a member of the majority party in the present
Congress.
(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 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 the expenses of such individual 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)
incurred during that day.
(3) Each member or employee of a committee
shall make to the chair of the committee an
itemized report showing the dates each country
was visited, the amount of per diem furnished,
the cost of transportation furnished, and funds
expended for any other official purpose and
shall summarize in these categories the total
foreign currencies or appropriated funds
expended. Each report shall be filed with the
chair of the committee not later than 60 days
following the completion of travel for use in
complying with reporting requirements in
applicable Federal law and shall be open for
public inspection.
(c)(1) In carrying out the activities of a committee
outside the United States in a country where local
currencies are unavailable, a member or employee of a
committee may not receive reimbursement for expenses
(other than for transportation) in excess of the
maximum per diem set forth in applicable Federal law.
(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 chair
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
Ethics or the Permanent Select Committee on
Intelligence) so request, not more than 10
persons (or one-third of the total professional
committee staff appointed under this clause,
whichever is fewer) may be selected, by
majority vote of the minority party members,
for appointment by the committee as
professional staff members under subparagraph
(1). The committee shall appoint persons so
selected whose character and qualifications are
acceptable to a majority of the committee. If
the committee determines that the character and
qualifications of a person so selected are
unacceptable, a majority of the minority party
members may select another person for
appointment by the committee to the
professional staff until such appointment is
made. Each professional staff member appointed
under this subparagraph shall be assigned to
such committee business as the minority party
members of the committee consider advisable.
(b)(1) The professional staff members of each standing
committee--
(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 chair
certifies that the compensation paid by the
committee for any such staff is commensurate
with the work performed for the committee in
accordance with clause 8 of rule XXIII.
(B) The use of any ``associate'' or
``shared'' staff by a committee other
than the Committee on Appropriations
shall be subject to the review of, and
to any terms, conditions, or
limitations established by, the
Committee on House Administration in
connection with the reporting of any
primary or additional expense
resolution.
(c) Each employee on the professional or investigative
staff of a standing committee shall be entitled to pay
at a single gross per annum rate, to be fixed by the
chair and that does not exceed the maximum rate of pay
as in effect from time to time under applicable
provisions of law.
(d) Subject to appropriations hereby authorized, the
Committee on Appropriations may appoint by majority
vote such staff as it determines to be necessary (in
addition to the clerk of the committee and assistants
for the minority). The staff appointed under this
paragraph, other than minority assistants, shall
possess such qualifications as the committee may
prescribe.
(e) A committee may not appoint to its staff an expert
or other personnel detailed or assigned from a
department or agency of the Government except with the
written permission of the Committee on House
Administration.
(f) If a request for the appointment of a minority
professional staff member under paragraph (a) is made
when no vacancy exists for such an appointment, the
committee nevertheless may appoint under paragraph (a)
a person selected by the minority and acceptable to the
committee. A person so appointed shall serve as an
additional member of the professional staff of the
committee until such a vacancy occurs (other than a
vacancy in the position of head of the professional
staff, by whatever title designated), at which time
that person is considered as appointed to that vacancy.
Such a person shall be paid from the applicable
accounts of the House described in clause 1(j)(1) of
rule X. If such a vacancy occurs on the professional
staff when seven or more persons have been so appointed
who are eligible to fill that vacancy, a majority of
the minority party members shall designate which of
those persons shall fill the vacancy.
(g) Each staff member appointed pursuant to a request
by minority party members under paragraph (a), and each
staff member appointed to assist minority members of a
committee pursuant to an expense resolution described
in clause 6(a), shall be accorded equitable treatment
with respect to the fixing of the rate of pay, the
assignment of work facilities, and the accessibility of
committee records.
(h) Paragraph (a) may not be construed to authorize the
appointment of additional professional staff members of
a committee pursuant to a request under paragraph (a)
by the minority party members of that committee if 10
or more professional staff members provided for in
paragraph (a)(1) who are satisfactory to a majority of
the minority party members are otherwise assigned to
assist the minority party members.
(i) Notwithstanding paragraph (a)(2), a committee may
employ nonpartisan staff, in lieu of or in addition to
committee staff designated exclusively for the majority
or minority party, by an affirmative vote of a majority
of the members of the majority party and of a majority
of the members of the minority party.
* * * * * * *
RULE XI
PROCEDURES OF COMMITTEES AND UNFINISHED BUSINESS
In general
1. (a)(1)(A) The Rules of the House are the rules of its
committees and subcommittees so far as applicable.
(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 shall be
privileged if printed copies
are available.
(B) A motion accorded privilege under
this subparagraph shall be decided
without debate.
(b)(1) Each committee may conduct at any time such
investigations and studies as it considers necessary or
appropriate in the exercise of its responsibilities
under rule X. Subject to the adoption of expense
resolutions as required by clause 6 of rule X, each
committee may incur expenses, including travel
expenses, in connection with such investigations and
studies.
(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(k)(1) of rule X.
(d)(1) Not later than the 30th day after June 1 and
December 1, a committee shall submit to the House a
semiannual report on the activities of that committee.
(2) Such report shall include--
(A) separate sections summarizing the
legislative and oversight activities of
that committee under this rule and rule
X during the applicable period;
(B) in the case of the first such
report, a summary of the oversight
plans submitted by the committee under
clause 2(d) of rule X;
(C) a summary of the actions taken and
recommendations made with respect to
the oversight plans specified in
subdivision (B);
(D) a summary of any additional
oversight activities undertaken by that
committee and any recommendations made
or actions taken thereon; and
(E) a delineation of any hearings held
pursuant to clauses 2(n), (o), or (p)
of this rule.
(3) After an adjournment sine die of a regular
session of a Congress, or after December 15,
whichever occurs first, the chair of a
committee may file the second or fourth
semiannual report described in 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 makes its rules
publically available in electronic form and
submit such rules for publication in the
Congressional Record not later than 30 days
after the chair of the committee is elected in
each odd-numbered year.
(3) A committee may adopt a rule providing that
the chair be directed to offer a motion under
clause 1 of rule XXII whenever the chair
considers it appropriate.
Regular meeting days
(b) Each standing committee shall establish regular
meeting days for the conduct of its business, which
shall be not less frequent than monthly. Each such
committee shall meet for the consideration of a bill or
resolution pending before the committee or the
transaction of other committee business on all regular
meeting days fixed by the committee unless otherwise
provided by written rule adopted by the committee.
Additional and special meetings
(c)(1) The chair of each standing committee may call
and convene, as he considers necessary, additional and
special meetings of the committee for the consideration
of a bill or resolution pending before the committee or
for the conduct of other committee business, subject to
such rules as the committee may adopt. The committee
shall meet for such purpose under that call of the
chair.
(2) Three or more members of a standing
committee may file in the offices of the
committee a written request that the chair call
a special meeting of the committee. Such
request shall specify the measure or matter to
be considered. Immediately upon the filing of
the request, the clerk of the committee shall
notify the chair of the filing of the request.
If the chair does not call the requested
special meeting within three calendar days
after the filing of the request (to be held
within seven calendar days after the filing of
the request) a majority of the members of the
committee may file in the offices of the
committee their written notice that a special
meeting of the committee will be held. The
written notice shall specify the date and hour
of the special meeting and the measure or
matter to be considered. The committee shall
meet on that date and hour. Immediately upon
the filing of the notice, the clerk of the
committee shall notify all members of the
committee that such special meeting will be
held and inform them of its date and hour and
the measure or matter to be considered. Only
the measure or matter specified in that notice
may be considered at that special meeting.
Temporary absence of chair
(d) A member of the majority party on each standing
committee or subcommittee thereof shall be designated
by the chair of the full committee as the vice chair of
the committee or subcommittee, as the case may be, and
shall preside during the absence of the chair from any
meeting. If the chair and vice chair of a committee or
subcommittee are not present at any meeting of the
committee or subcommittee, the ranking majority member
who is present shall preside at that meeting.
Committee records
(e)(1)(A) Each committee shall keep a complete record
of all committee action which shall include--
(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 and also made
publicly available in electronic form
within 48 hours of such record vote.
Information so available shall include
a description of the amendment, motion,
order, or other proposition, the name
of each member voting for and each
member voting against such amendment,
motion, order, or proposition, and the
names of those members of the committee
present but not voting.
(ii) The result of any record
vote taken in executive session
in the Committee on Ethics may
not be made available for
inspection by the public
without an affirmative vote of
a majority of the members of
the committee.
(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 chair. 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 Ethics, may not have
access to the records of that committee
respecting the conduct of a Member,
Delegate, Resident Commissioner,
officer, or employee of the House
without the specific prior permission
of that committee.
(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.
(5) To the maximum extent practicable, each
committee shall--
(A) provide audio and video coverage of
each hearing or meeting for the
transaction of business in a manner
that allows the public to easily listen
to and view the proceedings; and
(B) maintain the recordings of such
coverage in a manner that is easily
accessible to the public.
Prohibition against proxy voting
(f) A vote by a member of a committee or subcommittee
with respect to any measure or matter may not be cast
by proxy.
Open meetings and hearings
(g)(1) Each meeting for the transaction of business,
including the markup of legislation, by a standing
committee or subcommittee thereof (other than the
Committee on Ethics or its subcommittees) shall be open
to the public, including to radio, television, and
still photography coverage, except when the committee
or subcommittee, in open session and with a majority
present, determines by record vote that all or part of
the remainder of the meeting on that day shall be in
executive session because disclosure of matters to be
considered would endanger national security, would
compromise sensitive law enforcement information, would
tend to defame, degrade, or incriminate any person, or
otherwise would violate a law or rule of the House.
Persons, other than members of the committee and such
noncommittee Members, Delegates, Resident Commissioner,
congressional staff, or departmental representatives as
the committee may authorize, may not be present at a
business or markup session that is held in executive
session. This subparagraph does not apply to open
committee hearings, which are governed by clause
4(a)(1) of rule X or by subparagraph (2).
(2)(A) Each hearing conducted by a
committee or subcommittee (other than
the Committee on Ethics or its
subcommittees) shall be open to the
public, including to radio, television,
and still photography coverage, except
when the committee or subcommittee, in
open session and with a majority
present, determines by record vote that
all or part of the remainder of that
hearing on that day shall be closed to
the public because disclosure of
testimony, evidence, or other matters
to be considered would endanger
national security, would compromise
sensitive law enforcement information,
or would violate a law or rule of the
House.
(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 Ethics or its
subcommittees) unless the House
by majority vote authorizes a
particular committee or
subcommittee, for purposes of a
particular series of hearings
on a particular article of
legislation or on a particular
subject of investigation, to
close its hearings to Members,
Delegates, and the Resident
Commissioner by the same
procedures specified in this
subparagraph for closing
hearings to the public.
(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)(A) The chair of a committee shall announce
the date, place, and subject matter of-
(i) a committee hearing, which
may not commence earlier than
one week after such notice; or
(ii) a committee meeting, which
may not commence earlier than
the third day on which members
have notice thereof.
(B) A hearing or meeting may begin
sooner than specified in subdivision
(A) in either of the following
circumstances (in which case the chair
shall make the announcement specified
in subdivision (A) at the earliest
possible time):
(i) the chair of the committee,
with the concurrence of the
ranking minority member,
determines that there is good
cause; or
(ii) the committee so
determines by majority vote in
the presence of the number of
members required under the
rules of the committee for the
transaction of business.
(C) An announcement made under this
subparagraph shall be published
promptly in the Daily Digest and made
publicly available in electronic form.
(D) This subparagraph and subparagraph
(4) shall not apply to the Committee on
Rules.
(4) At least 24 hours prior to the commencement
of a meeting for the markup of legislation, or
at the time of an announcement under
subparagraph (3)(B) made within 24 hours before
such meeting, the chair of the committee shall
cause the text of such legislation to be made
publicly available in electronic form.
(5) Each committee shall, to the
greatest extent practicable, require
witnesses who appear before it to
submit in advance written statements of
proposed testimony and to limit their
initial presentations to the committee
to brief summaries thereof. In the case
of a witness appearing in a
nongovernmental capacity, a written
statement of proposed testimony shall
include a curriculum vitae and a
disclosure of the amount and source (by
agency and program) of each Federal
grant (or subgrant thereof) or contract
(or subcontract thereof) received
during the current fiscal year or
either of the two previous fiscal years
by the witness or by an entity
represented by the witness. Such
statements, with appropriate redactions
to protect the privacy of the witness,
shall be made publicly available in
electronic form not later than one day
after the witness appears.
(6)(A) Except as provided in
subdivision (B), a point of order does
not lie with respect to a measure
reported by a committee on the ground
that hearings on such measure were not
conducted in accordance with this
clause.
(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.
(7) This paragraph does not apply to
hearings of the Committee on
Appropriations under clause 4(a)(1) of
rule X.
Quorum requirements
(h)(1) A measure or recommendation may not be reported
by a committee unless a majority of the committee is
actually present.
(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 chair 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 chair
by a majority of them before the completion of the
hearing, to call witnesses selected by the minority to
testify with respect to that measure or matter during
at least one day of hearing thereon.
(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 chair 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 chair may punish breaches of order and
decorum, and of professional ethics on the part
of counsel, by censure and exclusion from the
hearings; and the committee may cite the
offender to the House for contempt.
(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
chair 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 chair of the committee, or a member
designated by the chair, 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 chair of
the committee under such rules and
under such limitations as the committee
may prescribe. Authorized subpoenas
shall be signed by the chair of the
committee or by a member designated by
the committee.
(ii) In the case of a
subcommittee of the Committee
on Ethics, a subpoena may be
authorized and issued only by
an affirmative vote of a
majority of its members.
(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.
(n)(1) Each standing committee, or a subcommittee
thereof, shall hold at least one hearing during each
120-day period following the establishment of the
committee on the topic of waste, fraud, abuse, or
mismanagement in Government programs which that
committee may authorize.
(2) A hearing described in subparagraph (1)
shall include a focus on the most egregious
instances of waste, fraud, abuse, or
mismanagement as documented by any report the
committee has received from a Federal Office of
the Inspector General or the Comptroller
General of the United States.
(o) Each committee, or a subcommittee thereof, shall
hold at least one hearing in any session in which the
committee has received disclaimers of agency financial
statements from auditors of any Federal agency that the
committee may authorize to hear testimony on such
disclaimers from representatives of any such agency.
(p) Each standing committee, or a subcommittee thereof,
shall hold at least one hearing on issues raised by
reports issued by the Comptroller General of the United
States indicating that Federal programs or operations
that the committee may authorize are at high risk for
waste, fraud, and mismanagement, known as the ``high-
risk list'' or the ``high-risk series.''
* * * * * * *
RULE XII
RECEIPT AND REFERRAL OF MEASURES AND MATTERS
* * * * * * *
Referral
2.(a) The Speaker shall refer each bill, resolution, or
other matter that relates to a subject listed under a
standing committee named in clause 1 of rule X in
accordance with the provisions of this clause.
(b) The Speaker shall refer matters under paragraph (a)
in such manner as to ensure to the maximum extent
feasible that each committee that has jurisdiction
under clause 1 of rule X over the subject matter of a
provision thereof may consider such provision and
report to the House thereon. Precedents, rulings, or
procedures in effect before the Ninety-Fourth Congress
shall be applied to referrals under this clause only to
the extent that they will contribute to the achievement
of the objectives of this clause.
(c) In carrying out paragraphs (a) and (b) with respect
to the referral of a matter, the Speaker--
(1) shall designate a committee of primary
jurisdiction (except where the Speaker
determines that extraordinary circumstances
justify review by more than one committee as
though primary);
(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.
(c)(1) A bill or joint resolution may not be
introduced unless the sponsor submits for
printing in the Congressional Record a
statement citing as specifically as practicable
the power or powers granted to Congress in the
Constitution to enact the bill or joint
resolution. The statement shall appear in a
portion of the Record designated for that
purpose and be made publicly available in
electronic form by the Clerk.
(2) Before consideration of a Senate
bill or joint resolution, the chair of
a committee of jurisdiction may submit
the statement required under
subparagraph (1) as though the chair
were the sponsor of the Senate bill or
joint resolution.
Executive communications
8. Estimates of appropriations and all other communications
from the executive departments intended for the consideration
of any committees of the House shall be addressed to the
Speaker for referral as provided in clause 2 of rule XIV.
RULE XIII
CALENDARS AND COMMITTEE REPORTS
Calendars
1. (a) All business reported by committees shall be referred to
one of the following three calendars:
(1) A Calendar of the Committee of the Whole
House on the state of the Union, to which shall
be referred public bills and public resolutions
raising revenue, involving a tax or charge on
the people, directly or indirectly making
appropriations of money or property or
requiring such appropriations to be made,
authorizing payments out of appropriations
already made, releasing any liability to the
United States for money or property, or
referring a claim to the Court of Claims.
(2) A House Calendar, to which shall be
referred all public bills and public
resolutions not requiring referral to the
Calendar of the Committee of the Whole House on
the state of the Union.
(3) A Private Calendar as provided in clause 5
of rule XV, to which shall be referred all
private bills and private resolutions.
(b) There is established a Calendar of Motions to
Discharge Committees as provided in clause 2 of rule
XV.
Filing and printing of reports
2.(a)(1) Except as provided in subparagraph (2), all
reports of committees (other than those filed from the
floor as privileged) shall be delivered to the Clerk
for printing and reference to the proper calendar under
the direction of the Speaker in accordance with clause
1. The title or subject of each report shall be entered
on the Journal and printed in the Congressional Record.
(2) A bill or resolution reported adversely
shall be laid on the table unless a committee
to which the bill or resolution was referred
requests at the time of the report its referral
to an appropriate calendar under clause 1 or
unless, within three days thereafter, a Member,
Delegate, or Resident Commissioner makes such a
request.
(b)(1) It shall be the duty of the chair of each
committee to report or cause to be reported promptly to
the House a measure or matter approved by the committee
and to take or cause to be taken steps necessary to
bring the measure or matter to a vote.
(2) In any event, the report of a committee on
a measure that has been approved by the
committee shall be filed within seven calendar
days (exclusive of days on which the House is
not in session) after the day on which a
written request for the filing of the report,
signed by a majority of the members of the
committee, has been filed with the clerk of the
committee. The clerk of the committee shall
immediately notify the chair of the filing of
such a request. This subparagraph does not
apply to a report of the Committee on Rules
with respect to a rule, joint rule, or order of
business of the House, or to the reporting of a
resolution of inquiry addressed to the head of
an executive department.
(c) All supplemental, minority, or additional views
filed under clause 2(l) of rule XI by one or more
members of a committee shall be included in, and shall
be a part of, the report filed by the committee with
respect to a measure or matter. When time guaranteed by
clause 2(l) of rule XI has expired (or, if sooner, when
all separate views have been received), the committee
may arrange to file its report with the Clerk not later
than one hour after the expiration of such time. This
clause and provisions of clause 2(l) of rule XI do not
preclude the immediate filing or printing of a
committee report in the absence of a timely request for
the opportunity to file supplemental, minority, or
additional views as provided in clause 2(l) of rule XI.
Content of reports
3. (a)(1) Except as provided in subparagraph (2), the
report of a committee on a measure or matter shall be
printed in a single volume that--
(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 Ethics.
(c) The report of a committee on a measure that has
been approved by the committee shall include,
separately set out and clearly identified, the
following:
(1) Oversight findings and recommendations
under clause 2(b)(1) of rule X.
(2) The statement required by section 308(a) of
the Congressional Bud get Act of 1974, except
that an estimate of new budget authority shall
include, when practicable, a comparison of the
total estimated funding level for the relevant
programs to the appropriate levels under
current law.
(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) 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.
(2)(A) In subparagraph (1) the term
``Government agency'' includes any department,
agency, establishment, wholly owned Government
corporation, or instrumentality of the Federal
Government or the government of the District of
Columbia.
* * * * * * *
(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.
* * * * * * *
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.
* * * * * * *
Resolutions of inquiry
7. A report on a resolution of inquiry addressed to the head of
an executive department may be filed from the floor as
privileged. If such a resolution is not reported to the House
within 14 legislative days after its introduction, a motion to
discharge a committee from its consideration shall be
privileged.
* * * * * * *
RULE XVII
DECORUM AND DEBATE
Decorum
1. (a) A Member, Delegate, or Resident Commissioner who desires
to speak or deliver a matter to the House shall 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 on the floor of the House may not smoke or
use a mobile electronic device that impairs decorum. The
Sergeant-at-Arms is charged with the strict enforcement of this
clause.
Exhibits
6. When the use of an exhibit in debate is objected to by a
Member, Delegate, or Resident Commissioner, the Chair, in his
discretion, may submit the question of its use to the House
without debate.
Galleries
7. During a session of the House, it shall not be in order for
a Member, Delegate, or Resident Commissioner to introduce to or
to bring to the attention of the House an occupant in the
galleries of the House. The Speaker may not entertain a request
for the suspension of this rule by unanimous consent or
otherwise.
Congressional Record
8. (a) The Congressional Record shall be a substantially
verbatim account of remarks made during the proceedings of the
House, subject only to technical, grammatical, and
typographical corrections authorized by the Member, Delegate,
or Resident Commissioner making the remarks.
(b) Unparliamentary remarks may be deleted only by
permission or order of the House.
(c) This clause establishes a standard of conduct
within the meaning of clause 3(a)(2) of rule XI.
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 XXI
RESTRICTIONS ON CERTAIN BILLS
Reservation of certain points of order
1. At the time a general appropriation bill is reported, all
points of order against provisions therein shall be considered
as reserved.
* * * * * * *
Appropriations on legislative bills
4. A bill or joint resolution carrying an appropriation may not
be reported by a committee not having jurisdiction to report
appropriations, and an amendment proposing an appropriation
shall not be in order during the consideration of a bill or
joint resolution reported by a committee not having that
jurisdiction. A point of order against an appropriation in such
a bill, joint resolution, or amendment thereto may be raised at
any time during pendency of that measure for amendment.
Tax and tariff measures and amendments
5. (a)(1) A bill or joint resolution carrying a tax or tariff
measure may not be reported by a committee not having
jurisdiction to report tax or tariff measures, and an amendment
in the House or proposed by the Senate carrying a tax or tariff
measure shall not be in order during the consideration of a
bill or joint resolution reported by a committee not having
that jurisdiction. A point of order against a tax or tariff
measure in such a bill, joint resolution, or amendment thereto
may be raised at any time during pendency of that measure for
amendment.
(2) For purposes of paragraph (1), a tax or
tariff measure includes an amendment proposing
a limitation on funds in a general
appropriation bill for the administration of a
tax or tariff.
* * * * * * *
9. (a) It shall not be in order to consider--
(1) a bill or joint resolution reported by a
committee unless the report includes a list of
congressional earmarks, limited tax benefits,
and limited tariff benefits in the bill or in
the report (and the name of any Member,
Delegate, or Resident Commissioner who
submitted a request to the committee for each
respective item included in such list) or a
statement that the proposition contains no
congressional earmarks, limited tax benefits,
or limited tariff benefits;
(2) a bill or joint resolution not reported by
a committee unless the chair of each committee
of initial referral has caused a list of
congressional earmarks, limited tax benefits,
and limited tariff benefits in the bill (and
the name of any Member, Delegate, or Resident
Commissioner who submitted a request to the
committee for each respective item included in
such list) or a statement that the proposition
contains no congressional earmarks, limited tax
benefits, or limited tariff benefits to be
printed in the Congressional Record prior to
its consideration;
(3) an amendment to a bill or joint resolution
to be offered at the outset of its
consideration for amendment by a member of a
committee of initial referral as designated in
a report of the Committee on Rules to accompany
a resolution prescribing a special order of
business unless the proponent has caused a list
of congressional earmarks, limited tax
benefits, and limited tariff benefits in the
amendment (and the name of any Member,
Delegate, or Resident Commissioner who
submitted a request to the proponent for each
respective item included in such list) or a
statement that the proposition contains no
congressional earmarks, limited tax benefits,
or limited tariff benefits to be printed in the
Congressional Record prior to its
consideration; or
(4) a conference report to accompany a bill or
joint resolution unless the joint explanatory
statement prepared by the managers on the part
of the House and the managers on the part of
the Senate includes a list of congressional
earmarks, limited tax benefits, and limited
tariff benefits in the conference report or
joint statement (and the name of any Member,
Delegate, Resident Commissioner, or Senator who
submitted a request to the House or Senate
committees of jurisdiction for each respective
item included in such list) or a statement that
the proposition contains no congressional
earmarks, limited tax benefits, or limited
tariff benefits.
(b) It shall not be in order to consider a conference
report to accompany a regular general appropriation
bill unless the joint explanatory statement prepared by
the managers on the part of the House and the managers
on the part of the Senate includes--
(1) a list of congressional earmarks, limited
tax benefits, and limited tariff benefits in
the conference report or joint statement (and
the name of any Member, Delegate, Resident
Commissioner, or Senator who submitted a
request to the House or Senate committees of
jurisdiction for each respective item included
in such list) that were neither committed to
the conference committee by either House nor in
a report of a committee of either House on such
bill or on a companion measure; or
(2) a statement that the proposition contains
no such congressional earmarks, limited tax
benefits, or limited tariff benefits.
(c) It shall not be in order to consider a rule or
order that waives the application of paragraph (a) or
(b). As disposition of a point of order under this
paragraph or paragraph (b), the Chair shall put the
question of consideration with respect to the rule or
order or conference report, as applicable. The question
of consideration shall be debatable for 10 minutes by
the Member initiating the point of order and for 10
minutes by an opponent, but shall otherwise be decided
without intervening motion except one that the House
adjourn.
(d) In order to be cognizable by the Chair, a point of
order raised under paragraph (a) may be based only on
the failure of a report, submission to the
Congressional Record, or joint explanatory statement to
include a list required by paragraph (a) or a statement
that the proposition contains no congressional
earmarks, limited tax benefits, or limited tariff
benefits.
(e) For the purpose of this clause, the term
``congressional earmark'' means a provision or report
language included primarily at the request of a Member,
Delegate, Resident Commissioner, or Senator providing,
authorizing or recommending a specific amount of
discretionary budget authority, credit authority, or
other spending authority for a contract, loan, loan
guarantee, grant, loan authority, or other expenditure
with or to an entity, or targeted to a specific State,
locality or Congressional district, other than through
a statutory or administrative formula driven or
competitive award process.
(f) For the purpose of this clause, the term ``limited
tax benefit'' means--
(1) any revenue-losing provision that--
(A) provides a Federal tax deduction,
credit, exclusion, or preference to 10
or fewer beneficiaries under the
Internal Revenue Code of 1986, and
(B) contains eligibility criteria that
are not uniform in application with
respect to potential beneficiaries of
such provision; or
(2) any Federal tax provision which provides
one beneficiary temporary or permanent
transition relief from a change to the Internal
Revenue Code of 1986.
(g) For the purpose of this clause, the term ``limited
tariff benefit'' means a provision modifying the
Harmonized Tariff Schedule of the United States in a
manner that benefits 10 or fewer entities.
10.(a)(1) Except as provided in paragraphs (b) and (c), it
shall not be in order to consider a bill or joint resolution,
or an amendment thereto or a conference report thereon, if the
provisions of such measure have the net effect of increasing
mandatory spending for the period of either--
(A) the current year, the budget year,
and the four fiscal years following
that budget year; or
(B) the current year, the budget year,
and the nine fiscal years following
that budget year.
(2) For the purpose of this clause, the terms
`budget year' and `current year' have the
meanings specified in section 250 of the
Balanced Budget and Emergency Deficit Control
Act of 1985, and the term `mandatory spending'
has the meaning of `direct spending' specified
in such section 250 except that such term shall
also include provisions in appropriation Acts
that make outyear modifications to substantive
law as described in section 3(4)(C) of the
Statutory Pay-As-You-Go Act of 2010.
(b) If a bill or joint resolution, or an amendment
thereto, is considered pursuant to a special order of
the House directing the Clerk to add as new matter at
the end of such bill or joint resolution the entire
text of a separate measure or measures as passed by the
House, the new matter proposed to be added shall be
included in the evaluation under paragraph (a) of the
bill, joint resolution, or amendment.
(c)(1) Except as provided in subparagraph (2), the
evaluation under paragraph (a) shall exclude a
provision expressly designated as an emergency for the
Statutory Pay-As-You-Go Act of 2010, in the case of a
point of order under this clause against consideration
of-
(A) a bill or joint resolution;
(B) an amendment made in order as
original text by a special order of
business;
(C) a conference report; or
(D) an amendment between the Houses.
(2) In the case of an amendment (other than one
specified in subparagraph (1)) to a bill or
joint resolution, the evaluation under
paragraph (a) shall give no cognizance to any
designation of emergency.
11. It shall not be in order to consider a bill or joint
resolution which has not been reported by a committee until the
third calendar day (excluding Saturdays, Sundays, or legal
holidays except when the House is in session on such a day) on
which such measure has been available to Members, Delegates,
and the Resident Commissioner.
* * * * * * *
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 behave 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 the beneficial interest of
such individual from any source, the receipt of which would
occur by virtue of influence improperly exerted from the
position of such individual 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 the campaign funds of such individual
separate from the personal funds of such individual;
(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 a campaign accounts of such
individual 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 such employee receives.
(b) In the case of a committee employee who works under
the direct supervision of a member of the committee
other than a chair, the chair 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 chair 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 the spouse
of such individual in a paid position;
and
(B) an employee of the House may not
accept compensation for work for a
committee on which the spouse of such
employee 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 such individual 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 the
innocence of such Member or until the Member 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
Representatives,'' 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 the employing authority of such employee of a
significant financial interest described in paragraph
(a) and obtains from such 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 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 appropriate 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 Commissioner or a
family member of a Member, Delegate, or
Resident Commissioner (including an aircraft
owned by an entity that is not a public
corporation in which the Member, Delegate,
Resident Commissioner or a family member of a
Member, Delegate, or Resident Commissioner 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 of rule XXV and shall be determined as under
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 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 chair 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 chair 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. In the
case of such an individual who is a member or employee
of a firm, partnership, or other business organization,
the other members and employees of the firm,
partnership, or other business organization shall be
subject to the same restrictions on lobbying that apply
to the individual under this paragraph.
RULE XXIV
LIMITATIONS ON USE OF OFFICIAL FUNDS
Limitations on use of official and unofficial accounts
1. (a) Except as provided in paragraph (b), a Member, Delegate,
or Resident Commissioner may not maintain, or have maintained
for the use of such individual, an unofficial office account.
Funds may not be paid into an unofficial office account.
(b)(1) Except as provided in subparagraph (2), a
Member, Delegate, or Resident Commissioner may defray
official expenses with funds of the principal campaign
committee of such individual under the Federal Election
Campaign Act of 1971 (2 U.S.C. 431 et seq.).
(2) The funds specified in subparagraph (1) may
not be used to defray official expenses for
mail or other communications, compensation for
services, office space, office furniture,
office equipment, or any associated information
technology services (excluding handheld
communications devices).
2. Notwithstanding any other provision of this rule, if an
amount from the Official Expenses Allowance of a Member,
Delegate, or Resident Commissioner is paid into the House
Recording Studio revolving fund for telecommunications
satellite services, the Member, Delegate, or Resident
Commissioner may accept reimbursement from nonpolitical
entities in that amount for transmission to the Clerk for
credit to the Official Expenses Allowance.
3. In this rule the term ``unofficial office account'' means an
account or repository in which funds are received for the
purpose of defraying otherwise unreimbursed expenses allowable
under section 162(a) of the Internal Revenue Code of 1986 as
ordinary and necessary in the operation of a congressional
office, and includes a newsletter fund referred to in section
527(g) of the Internal Revenue Code of 1986.
Limitations on use of the frank
4. A Member, Delegate, or Resident Commissioner shall mail
franked mail under section 3210(d) of title 39, United States
Code at the most economical rate of postage practicable.
5. Before making a mass mailing, a Member, Delegate, or
Resident Commissioner shall submit a sample or description of
the mail matter involved to the House Commission on
Congressional Mailing Standards for an advisory opinion as to
whether the proposed mailing is in compliance with applicable
provisions of law, rule, or regulation.
6. A mass mailing that is otherwise frankable by a Member,
Delegate, or Resident Commissioner under the provisions of
section 3210(e) of title 39, United States Code, is not
frankable unless the cost of preparing and printing it is
defrayed exclusively from funds made available in an
appropriation Act.
7. A Member, Delegate, or Resident Commissioner may not send a
mass mailing outside the congressional district from which
elected.
8. In the case of a Member, Delegate, or Resident Commissioner,
a mass mailing is not frankable under section 3210 of title 39,
United States Code, when it is postmarked less than 90 days
before the date of a primary or general election (whether
regular, special, or runoff) in which such individual is a
candidate for public office. If the mail matter is of a type
that is not customarily postmarked, the date on which it would
have been postmarked, if it were of a type customarily
postmarked, applies.
9. In this rule the term ``mass mailing'' means, with respect
to a session of Congress, a mailing of newsletters or other
pieces of mail with substantially identical content (whether
such pieces of mail are deposited singly or in bulk, or at the
same time or different times), totaling more than 500 pieces of
mail in that session, except that such term does not include a
mailing--
(a) of matter in direct response to a communication
from a person to whom the matter is mailed;
(b) from a Member, Delegate, or Resident Commissioner
to other Members, Delegates, the Resident Commissioner,
or Senators, or to Federal, State, or local government
officials; or
(c) of a news release to the communications media.
Prohibition on use of funds by Members not elected to
succeeding Congress
10. Funds from the applicable accounts described in clause
1(k)(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 such individual 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) receive 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 the name of such individual to be used 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 other
entity; or
(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, researcher, 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(d)(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 an 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 appearances,
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 the residence or principal place of
employment of such individual.
(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 such individual
became a Member, Delegate, Resident
Commissioner, officer, or 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 such individual 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 such
individual or the family of such
individual holds a controlling interest
and in which both personal services and
capital are income-producing factors,
any amount received by the Member,
Delegate, Resident Commissioner,
officer, or employee, so long as the
personal services actually rendered by
such individual 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 the official
position of such individual.
(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 the
official position of such individual
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 the
relationship of such
individual with the
individual giving the
gift, including any
previous exchange of
gifts between them.
(II) Whether to the
actual knowledge of
such individual 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 the
actual knowledge of
such individual 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 the duties of such
individual as an officeholder),
or of the spouse of such
individual, if such benefits
have not been offered or
enhanced because of the
official position of such
individual 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 an 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 the
official position of such
individual; 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 the value of 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 the duties of such individual 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 the duties of such
individual 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
subparagraph (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 acting as an agent for the
prosecution of a claim against the Government or if interested
in such claim, except as an original claimant or in the proper
discharge of official duties.
7. A Member, Delegate, or Resident Commissioner shall prohibit
all staff employed by that Member, Delegate, or Resident
Commissioner (including staff in personal, committee, and
leadership offices) from making any lobbying contact (as
defined in section 3 of the Lobbying Disclosure Act of 1995)
with that individual's spouse if that spouse is a lobbyist
under the Lobbying Disclosure Act of 1995 or is employed or
retained by such a lobbyist for the purpose of influencing
legislation.
8. During the dates on which the national political party to
which a Member (including a Delegate or Resident Commissioner)
belongs holds its convention to nominate a candidate for the
office of President or Vice President, the Member may not
participate in an event honoring that Member, other than in the
capacity as a candidate for such office, if such event is
directly paid for by a registered lobbyist under the Lobbying
Disclosure Act of 1995 or a private entity that retains or
employs such a registered lobbyist.
RULE XXVI
FINANCIAL DISCLOSURE
1. The Clerk shall send a copy of each report filed with the
Clerk under title I of the Ethics in Government Act of 1978
within the seven-day period beginning on the date on which the
report is filed to the Committee on Standards of Official
Conduct. By August 1 of each year, the Clerk shall compile all
such reports sent to the Clerk by Members within the period
beginning on January 1 and ending on June 15 of each year and
have them printed as a House document, which shall be made
available to the public.
2. For the purposes of this rule, the provisions of title I of
the Ethics in Government Act of 1978 shall be considered Rules
of the House as they pertain to Members, Delegates, the
Resident Commissioner, officers, and employees of the House.
3. Members of the board of the Office of Congressional Ethics
shall file annual financial disclosure reports with the Clerk
of the House on or before May 15 of each calendar year after
any year in which they perform the duties of that position.
Such reports shall be on a form prepared by the Clerk that is
substantially similar to form 450 of the Office of Government
Ethics. The Clerk shall send a copy of each such report filed
with the Clerk within the seven day period beginning on the
date on which the report is filed to the Committee on Standards
of Official Conduct and shall have them printed as a House
document and made available to the public pursuant to clause 1.
[Pertinent provisions of Title I of the Ethics in Government Act of
1978 (5 U.S.C. App. 101-111) follow:]
TITLE I-FINANCIAL DISCLOSURE
REQUIREMENTS OF FEDERAL PERSONNEL
Persons Required to File
SEC. 101. (a) Within thirty days of assuming the position of an
officer or employee described in subsection (f), an individual
shall file a report containing the information described in
section 102(b) unless the individual has left another position
described in subsection (f) within thirty days prior to
assuming such new position or has already filed a report under
this title with respect to nomination for the new position or
as a candidate for the position. * * *
(c) Within thirty days of becoming a candidate as
defined in section 301 of the Federal Campaign Act of
1971, in a calendar year for nomination or election to
the office of President, Vice President, or Member of
Congress, or on or before May 15 of that calendar year,
whichever is later, but in no event later than 30 days
before the election, and on or before May 15 of each
successive year an individual continues to be a
candidate, an individual other than an incumbent
President, Vice President, or Member of Congress shall
file a report containing the information described in
section 102(b). Notwithstanding the preceding sentence,
in any calendar year in which an individual continues
to be a candidate for any office but all elections for
such office relating to such candidacy were held in
prior calendar years, such individual need not file a
report unless he becomes a candidate for another
vacancy in that office or another office during that
year.
(d) Any individual who is an officer or employee
described in subsection (f) during any calendar year
and performs the duties of his position or office for a
period in excess of sixty days in that calendar year
shall file on or before May 15 of the succeeding year a
report containing the information described in section
102(a).
(e) Any individual who occupies a position described in
subsection (f) shall, on or before the thirtieth day
after termination of employment in such position, file
a report containing the information described in
section 102(a) covering the preceding calendar year if
the report required by subsection (d) has not been
filed and covering the portion of the calendar year in
which such termination occurs up to the date the
individual left such office or position, unless such
individual has accepted employment in another position
described in subsection (f).
(f) The officers and employees referred to in
subsections (a), (d), and (e) are-- * * *
(9) a Member of Congress as defined under
section 109(12);
(10) an officer or employee of the Congress as
defined under section 109(13); * * *
(g)(1) Reasonable extensions of time for filing any
report may be granted under procedures prescribed by
the supervising ethics office for each branch, but the
total of such extensions shall not exceed ninety days.
* * *
(h) The provisions of subsections (a), (b), and (e)
shall not apply to an individual who, as determined by
the designated agency ethics official or Secretary
concerned (or in the case of a Presidential appointee
under subsection (b), the Director of the Office of
Government Ethics), the congressional ethics
committees, or the Judicial Conference, is not
reasonably expected to perform the duties of his office
or position for more than sixty days in a calendar
year, except that if such individual performs the
duties of his office or position for more than sixty
days in a calendar year--
(1) the report required by subsections (a) and
(b) shall be filed within fifteen days of the
sixtieth day, and
(2) the report required by subsection (e) shall
be filed as provided in such subsection.
(i) The supervising ethics office for each branch may
grant a publicly available request for a waiver of any
reporting requirement under this section for an
individual who is expected to perform or has performed
the duties of his office or position less than one
hundred and thirty days in a calendar year, but only if
the supervising ethics office determines that--
(1) such individual is not a fulltime employee
of the Government,
(2) such individual is able to provide services
specially needed by the Government,
(3) it is unlikely that the individual's
outside employment or financial interests will
create a conflict of interest, and
(4) public financial disclosure by such
individual is not necessary in the
circumstances.
Contents of Reports
SEC. 102. (a) Each report filed pursuant to section 101 (d) and
(e) shall include a full and complete statement with respect to
the following:
(1)(A) The source, type, and amount or value of
income (other than income referred to in
subparagraph (B)) from any source (other than
from current employment by the United States
Government), and the source, date, and amount
of honoraria from any source, received during
the preceding calendar year, aggregating $200
or more in value and, effective January 1,
1991, the source, date, and amount of payments
made to charitable organizations in lieu of
honoraria, and the reporting individual shall
simultaneously file with the applicable
supervising ethics office, on a confidential
basis, a corresponding list of recipients of
all such payments, together with the dates and
amounts of such payments.
(B) The source and type of income which
consists of dividends, rents, interest,
and capital gains, received during the
preceding calendar year which exceeds
$200 in amount or value, and an
indication of which of the following
categories the amount or value of such
item of income is within:
(i) not more than $1,000,
(ii) greater than $1,000 but
not more than $2,500,
(iii) greater than $2,500 but
not more than $5,000,
(iv) greater than $5,000 but
not more than $15,000,
(v) greater than $15,000 but
not more than $50,000,
(vi) greater than $50,000 but
not more than $100,000,
(vii) greater than $100,000 but
not more than $1,000,000,
(viii) greater than $1,000,000
but not more than $5,000,000,
or
(ix) greater than $5,000,000.
(2)(A) The identity of the source, a brief
description, and the value of all gifts
aggregating more than the minimal value as
established by section 7342(a)(5) of title 5,
United States Code, or $250, whichever is
greater, received from any source other than a
relative of the reporting individual during the
preceding calendar year, except that any food,
lodging, or entertainment received as personal
hospitality of an individual need not be
reported, and any gift with a fair market value
of $100 or less, as adjusted at the same time
and by the same percentage as the minimal value
is adjusted, need not be aggregated for
purposes of this subparagraph.
(B) The identity of the source and a
brief description (including a travel
itinerary, dates, and nature of
expenses provided) of reimbursements
received from any source aggregating
more than the minimal value as
established by section 7342(a)(5) of
title 5, United States Code, or $250,
whichever is greater, and received
during the preceding calendar year.
(C) In an unusual case, a gift need not
be aggregated under subparagraph (A) if
a publicly available request for a
waiver is granted.
(3) The identity and category of value of any
interest in property held during the preceding
calendar year in a trade or business, or for
investment or the production of income, which
has a fair market value which exceeds $1,000 as
of the close of the preceding calendar year,
excluding any personal liability owed to the
reporting individual by a spouse, or by a
parent, brother, sister, or child of the
reporting individual or of the reporting
individual's spouse, or any deposits
aggregating $5,000 or less in a personal
savings account. For purposes of this
paragraph, a personal savings account shall
include any certificate of deposit or any other
form of deposit in a bank, savings and loan
association, credit union, or similar financial
institution.
(4) The identity and category of value of the
total liabilities owed to any creditor other
than a spouse, or a parent, brother, sister, or
child of the reporting individual or of the
reporting individual's spouse which exceed
$10,000 at any time during the preceding
calendar year, excluding--
(A) any mortgage secured by real
property which is a personal residence
of the reporting individual or his
spouse; and
(B) any loan secured by a personal
motor vehicle, household furniture, or
appliances, which loan does not exceed
the purchase price of the item which
secures it. With respect to revolving
charge accounts, only those with an
outstanding liability which exceeds
$10,000 as of the close of the
preceding calendar year need be
reported under this paragraph.
(5) Except as provided in this paragraph, a
brief description, the date, and category of
value of any purchase, sale or exchange during
the preceding calendar year exceeds $1,000--
(A) in real property, other than
property used solely as a personal
residence of the reporting individual
or his spouse; or
(B) in stocks, bonds, commodities
futures, and other forms of securities.
Reporting is not required under this paragraph
of any transaction solely by and between the
reporting individual, his spouse, or dependent
children.
(6)(A) The identity of all positions held on or
before the date of filing during the current
calendar year (and, for the first report filed
by an individual, during the two-year period
preceding such calendar year) as an officer,
director, trustee, partner, proprietor,
representative, employee, or consultant of any
corporation, company, firm, partnership, or
other business enterprise, any nonprofit
organization, any labor organization, or any
educational or other institution other than the
United States. This subparagraph shall not
require the reporting of positions held in any
religious, social, fraternal, or political
entity and positions solely of an honorary
nature.
(B) If any person, other than the
United States Government, paid a
nonelected reporting individual
compensation in excess of $5,000 in any
of the two calendar years prior to the
calendar year during which the
individual files his first report under
this title, the individual shall
include in the report--
(i) the identity of each source
of such compensation; and
(ii) a brief description of the
nature of the duties performed
or services rendered by the
reporting individual for each
such source. The preceding
sentence shall not require any
individual to include in such
report any information which is
considered confidential as a
result of a privileged
relationship, established by
law, between such individual
and any person nor shall it
require an individual to report
any information with respect to
any person for whom services
were provided by any firm or
association of which such
individual was a member,
partner, or employee unless
such individual was directly
involved in the provision of
such services.
(7) A description of the date, parties to, and
terms of any agreement or arrangement with
respect to (A) future employment; (B) a leave
of absence during the period of the reporting
individual's Government service; (C)
continuation of payments by a former employer
other than the United States Government; and
(D) continuing participation in an employee
welfare or benefit plan maintained by a former
employer.
(8) The category of the total cash value of any
interest of the reporting individual in a
qualified blind trust, unless the trust
instrument was executed prior to July 24, 1995
and precludes the beneficiary from receiving
information on the total cash value of any
interest in the qualified blind trust.
(b)(1) Each report filed pursuant to subsections (a),
(b), and (c) of section 101 shall include a full and
complete statement with respect to the information
required by-
(A) paragraph (1) of subsection (a) for
the year of filing and the preceding
calendar year,
(B) paragraphs (3) and (4) of
subsection (a) as of the date specified
in the report but which is less than
thirty-one days before the filing date,
and
(C) paragraphs (6) and (7) of
subsection (a) as of the filing date
but for periods described in such
paragraphs.
(2)(A) In lieu of filling out one or more
schedules of a financial disclosure form, an
individual may supply the required information
in an alternative format, pursuant to either
rules adopted by the supervising ethics office
for the branch in which such individual serves
or pursuant to a specific written determination
by such office for a reporting individual.
(B) In lieu of indicating the category
of amount or value of any item
contained in any report filed under
this title, a reporting individual may
indicate the exact dollar amount of
such item.
(c) In the case of any individual described in section
101(e), any reference to the preceding calendar year
shall be considered also to include that part of the
calendar year of filing up to the date of the
termination of employment.
(d)(1) The categories for reporting the amount or value
of the items covered in paragraphs (3), (4), (5), and
(8) of subsection (a) are as follows:
(A) not more than $15,000;
(B) greater than $15,000 but not more
than $50,000;
(C) greater than $50,000 but not more
than $100,000;
(D) greater than $100,000 but not more
than $250,000;
(E) greater than $250,000 but not more
than $500,000;
(F) greater than $500,000 but not more
than $1,000,000;
(G) greater than $1,000,000 but not
more than $5,000,000;
(H) greater than $5,000,000 but not
more than $25,000,000;
(I) greater than $25,000,000 but not
more than $50,000,000; and
(J) greater than $50,000,000.
(2) For the purposes of paragraph (3) of
subsection (a) if the current value of an
interest in real property (or an interest in a
real estate partnership) is not ascertainable
without an appraisal, an individual may list
(A) the date of purchase and the purchase price
of the interest in the real property, or (B)
the assessed value of the real property for tax
purposes, adjusted to reflect the market value
of the property used for the assessment if the
assessed value is computed at less than 100
percent of such market value, but such
individual shall include in his report a full
and complete description of the method used to
determine such assessed value, instead of
specifying a category of value pursuant to
paragraph (1) of this subsection. If the
current value of any other item required to be
reported under paragraph (3) of subsection (a)
is not ascertainable without an appraisal, such
individual may list the book value of a
corporation whose stock is not publicly traded,
the net worth of a business partnership, the
equity value of an individually owned business,
or with respect to other holdings, any
recognized indication of value, but such
individual shall include in his report a full
and complete description of the method used in
determining such value. In lieu of any value
referred to in the preceding sentence, an
individual may list the assessed value of the
item for tax purposes, adjusted to reflect the
market value of the item used for the
assessment if the assessed value is computed at
less than 100 percent of such market value, but
a full and complete description of the method
used in determining such assessed value shall
be included in the report.
(e)(1) Except as provided in the last sentence of this
paragraph, each report required by section 101 shall
also contain information listed in paragraphs (1)
through (5) of subsection (a) of this section
respecting the spouse or dependent child of the
reporting individual as follows:
(A) The source of items of earned
income earned by a spouse from any
person which exceed $1,000 and the
source and amount of any honoraria
received by a spouse, except that, with
respect to earned income (other than
honoraria), if the spouse is
selfemployed in business or a
profession, only the nature of such
business or profession need be
reported.
(B) All information required to be
reported in subsection (a)(1)(B) with
respect to income derived by a spouse
or dependent child from any asset held
by the spouse or dependent child and
reported pursuant to subsection (a)(3).
(C) In the case of any gifts received
by a spouse or dependent child which
are not received totally independent of
the relationship of the spouse or
dependent child to the reporting
individual, the identity of the source
and a brief description of gifts of
transportation, lodging, food, or
entertainment and a brief description
and the value of other gifts.
(D) In the case of any reimbursements
received by a spouse or dependent child
which are not received totally
independent of the relationship of the
spouse or dependent child to the
reporting individual, the identity of
the source and a brief description of
each such reimbursement.
(E) In the case of items described in
paragraphs (3) through (5) of
subsection (a), all information
required to be reported under these
paragraphs other than items (i) which
the reporting individual certifies
represent the spouse's or dependent
child's sole financial interest or
responsibility and which the reporting
individual has no knowledge of, (ii)
which are not in any way, past or
present, derived from the income,
assets, or activities of the reporting
individual, and (iii) from which the
reporting individual neither derives,
nor expects to derive, any financial or
economic benefit.
(F) For purposes of this section,
categories with amounts or values
greater than $1,000,000 set forth in
sections 102(a)(1)(B) and 102(d)(1)
shall apply to the income, assets, or
liabilities of spouses and dependent
children only if the income, assets, or
liabilities are held jointly with the
reporting individual. All other income,
assets, or liabilities of the spouse or
dependent children required to be
reported under this section in an
amount or value greater than $1,000,000
shall be categorized only as an amount
or value greater than $1,000,000.
Reports required by subsections (a),
(b), and (c) of section 101 shall, with
respect to the spouse and dependent
child of the reporting individual, only
contain information listed in
paragraphs (1), (3), and (4) of
subsection (a), as specified in this
paragraph.
(2) No report shall be required with respect to
a spouse living separate and apart from the
reporting individual with the intention of
terminating the marriage or providing for
permanent separation; or with respect to any
income or obligations of an individual arising
from the dissolution of his marriage or the
permanent separation from his spouse.
(f)(1) Except as provided in paragraph (2), each
reporting individual shall report the information
required to be reported pursuant to subsections (a),
(b), and (c) of this section with respect to the
holdings of and the income from a trust or other
financial arrangement from which income is received by,
or with respect to which a beneficial interest in
principal or income is held by, such individual, his
spouse, or any dependent child.
(2) A reporting individual need not report the
holdings of or the source of income from any of
the holdings of--
(A) any qualified blind trust (as
defined in paragraph (3));
(B) a trust--
(i) which was not created
directly by such individual,
his spouse, or any dependent
child, and
(ii) the holdings or sources of
income of which such
individual, his spouse, and any
dependent child have no
knowledge of; or
(C) an entity described under the
provisions of paragraph (8), but such
individual shall report the category of
the amount of income received by him,
his spouse, or any dependent child from
the trust or other entity under
subsection (a)(1)(B) of this section.
(3) For purpose of this subsection, the term
``qualified blind trust'' includes any trust in
which a reporting individual, his spouse, or
any minor or dependent child has a beneficial
interest in the principal or income, and which
meets the following requirements:
(A)(i) The trustee of the trust and any
other entity designated in the trust
instrument to perform fiduciary duties
is a financial institution, an
attorney, a certified public
accountant, a broker, or an investment
advisor who--
(I) is independent of and not
associated with any interested
party so that the trustee or
other person cannot be
controlled or influenced in the
administration of the trust by
any interested party;
(II) is not and has not been an
employee of or affiliated with
any interested party and is not
a partner of, or involved in
any joint venture or other
investment with, any interested
party; and
(III) is not a relative of any
interested party.
(ii) Any officer or employee of
a trustee or other entity who
is involved in the management
or control of the trust--
(I) is independent of and not
associated with any interested
party so that such officer or
employee cannot be controlled
or influenced in the
administration of the trust by
any interested party;
(II) is not a partner of, or
involved in any joint venture
or other investment with, any
interested party; and
(III) is not a relative of any
interested party.
(B) Any asset transferred to the trust
by an interested party is free of any
restriction with respect to its
transfer or sale unless such
restriction is expressly approved by
the supervising ethics office of the
reporting individual.
(C) The trust instrument which
establishes the trust provides that--
(i) except to the extent
provided in subparagraph (B) of
this paragraph, the trustee in
the exercise of his authority
and discretion to manage and
control the assets of the trust
shall not consult or notify any
interested party;
(ii) the trust shall not
contain any asset the holding
of which by an interested party
is prohibited by any law or
regulation;
(iii) the trustee shall
promptly notify the reporting
individual and his supervising
ethics office when the holdings
of any particular asset
transferred to the trust by any
interested party are disposed
of or when the value of such
holding is less than $1,000;
(iv) the trust tax return shall
be prepared by the trustee or
his designee, and such return
and any information relating
thereto (other than the trust
income summarized in
appropriate categories
necessary to complete an
interested party's tax return),
shall not be disclosed to any
interested party;
(v) an interested party shall
not receive any report on the
holdings and sources of income
of the trust, except a report
at the end of each calendar
quarter with respect to the
total cash value of the
interest of the interested
party in the trust or the net
income or loss of the trust or
any reports necessary to enable
the interested party to
complete an individual tax
return required by law or to
provide the information
required by subsection (a)(1)
of this section, but such
report shall not identify any
asset or holding;
(vi) except for communications
which solely consist of
requests for distributions of
cash or other unspecified
assets of the trust, there
shall be no direct or indirect
communication between the
trustee and an interested party
with respect to the trust
unless such communication is in
writing and unless it relates
only (I) to the general
financial interest and needs of
the interested party
(including, but not limited to,
an interest in maximizing
income or long-term capital
gain), (II) to the notification
of the trustee of a law or
regulation subsequently
applicable to the reporting
individual which prohibits the
interested party from holding
an asset, which notification
directs that the asset not be
held by the trust, or (III) to
directions to the trustee to
sell all of an asset initially
placed in the trust by an
interested party which in the
determination of the reporting
individual creates a conflict
of interest or the appearance
thereof due to the subsequent
assumption of duties by the
reporting individual (but
nothing herein shall require
any such direction); and
(vii) the interested parties
shall make no effort to obtain
information with respect to the
holdings of the trust,
including obtaining a copy of
any trust tax return filed or
any information relating
thereto except as otherwise
provided in this subsection.
(D) The proposed trust instrument and
the proposed trustee is approved by the
reporting individual's supervising
ethics office.
(E) For purposes of this subsection,
``interested party'' means a reporting
individual, his spouse, and any minor
or dependent child; ``broker'' has the
meaning set forth in section 3(a)(4) of
the Securities and Exchange Act of 1934
(15 U.S.C. 78c(a)(4)); and ``investment
adviser'' includes any investment
adviser who, as determined under
regulations prescribed by the
supervising ethics office, is generally
involved in his role as such an adviser
in the management or control of trusts.
(F) Any trust qualified by a
supervising ethics office before the
effective date of title II of the
Ethics Reform Act of 1989 shall
continue to be governed by the law and
regulations in effect immediately
before such effective date.
(4)(A) An asset placed in a trust by an
interested party shall be considered a
financial interest of the reporting individual,
for the purposes of any applicable conflict of
interest statutes, regulations, or rules of the
Federal Government (including section 208 of
title 18, United States Code), until such time
as the reporting individual is notified by the
trustee that such asset has been disposed of,
or has a value of less than $1,000.
(B)(i) The provisions of subparagraph
(A) shall not apply with respect to a
trust created for the benefit of a
reporting individual, or the spouse,
dependent child, or minor child of such
a person, if the supervising ethics
office for such reporting individual
finds that--
(I) the assets placed in the
trust consist of a well-
diversified portfolio of
readily marketable securities;
(II) none of the assets consist
of securities of entities
having substantial activities
in the area of the reporting
individual's primary area of
responsibility;
(III) the trust instrument
prohibits the trustee,
notwithstanding the provisions
of paragraphs (3)(C) (iii) and
(iv) of this subsection, from
making public or informing any
interested party of the sale of
any securities;
(IV) the trustee is given power
of attorney, notwithstanding
the provisions of paragraph
(3)(C)(v) of this subsection,
to prepare on behalf of any
interested party the personal
income tax returns and similar
returns which may contain
information relating to the
trust; and
(V) except as otherwise
provided in this paragraph, the
trust instrument provides (or
in the case of a trust
established prior to the
effective date of this Act
which by its terms does not
permit amendment, the trustee,
the reporting individual, and
any other interested party
agree in writing) that the
trust shall be administered in
accordance with the
requirements of this subsection
and the trustee of such trust
meets the requirements of
paragraph (3)(A). * * *
(5)(A) The reporting individual shall, within
thirty days after a qualified blind trust is
approved by his supervising ethics office, file
with such office a copy of--
(i) the executed trust
instrument of such trust (other
than those provisions which
relate to the testamentary
disposition of the trust
assets), and
(ii) a list of the assets which
were transferred to such trust,
including the category of value
of each asset as determined
under subsection (d) of this
section. This subparagraph
shall not apply with respect to
a trust meeting the
requirements for being
considered a qualified blind
trust under paragraph (7) of
this subsection.
(B) The reporting individual shall,
within thirty days of transferring an
asset (other than cash) to a previously
established qualified blind trust,
notify his supervising ethics office of
the identity of each such asset and the
category of value of each asset as
determined under subsection (d) of this
section.
(C) Within thirty days of the
dissolution of a qualified blind trust,
a reporting individual shall--
(i) notify his supervising
ethics office of such
dissolution, and
(ii) file with such office a
copy of a list of the assets of
the trust at the time of such
dissolution and the category of
value under subsection (d) of
this section of each such
asset.
(D) Documents filed under subparagraphs
(A), (B), and (C) of this paragraph and
the lists provided by the trustee of
assets placed in the trust by an
interested party which have been sold
shall be made available to the public
in the same manner as a report is made
available under section 105 and the
provisions of that section shall apply
with respect to such documents and
lists.
(E) A copy of each written
communication with respect to the trust
under paragraph (3)(C)(vi) shall be
filed by the person initiating the
communication with the reporting
individual's supervising ethics office
within five days of the date of the
communication.
(6)(A) A trustee of a qualified blind trust
shall not knowingly and willfully, or
negligently, (i) disclose any information to an
interested party with respect to such trust
that may not be disclosed under paragraph (3)
of this subsection; (ii) acquire any holding
the ownership of which is prohibited by the
trust instrument; (iii) solicit advice from any
interested party with respect to such trust,
which solicitation is prohibited by paragraph
(3) of this subsection or the trust agreement;
or (iv) fail to file any document required by
this subsection.
(B) A reporting individual shall not
knowingly and willfully, or
negligently, (i) solicit or receive any
information with respect to a qualified
blind trust of which he is an
interested party that may not be
disclosed under paragraph (3)(C) of
this subsection or (ii) fail to file
any document required by this
subsection.
(C)(i) The Attorney General may bring a
civil action in any appropriate United
States district court against any
individual who knowingly and willfully
violates the provisions of subparagraph
(A) or (B) of this paragraph. The court
in which such action is brought may
assess against such individual a civil
penalty in any amount not to exceed
$10,000.
(ii) The Attorney General may
bring a civil action in any
appropriate United States
district court against any
individual who negligently
violates the provisions of
subparagraph (A) or (B) of this
paragraph. The court in which
such action is brought may
assess against such individual
a civil penalty in any amount
not to exceed $5,000.
(7) Any trust may be considered to be a
qualified blind trust if--
(A) the trust instrument is amended to
comply with the requirements of
paragraph (3) or, in the case of a
trust instrument which does not by its
terms permit amendment, the trustee,
the reporting individual, and any other
interested party agree in writing that
the trust shall be administered in
accordance with the requirements of
this subsection and the trustee of such
trust meets the requirements of
paragraph (3)(A); except that in the
case of any interested party who is a
dependent child, a parent or guardian
of such child may execute the agreement
referred to in this subparagraph;
(B) a copy of the trust instrument
(except testamentary provisions) and a
copy of the agreement referred to in
subparagraph (A), and a list of the
assets held by the trust at the time of
approval by the supervising ethics
office, including the category of value
of each asset as determined under
subsection (d) of this section, are
filed with such office and made
available to the public as provided
under paragraph (5)(D) of this
subsection; and
(C) the supervising ethics office
determines that approval of the trust
arrangement as a qualified blind trust
is in the particular case appropriate
to assure compliance with applicable
laws and regulations.
(8) A reporting individual shall not be
required to report the financial interests held
by a widely held investment fund (whether such
fund is a mutual fund, regulated investment
company, pension or deferred compensation plan,
or other investment fund), if--
(A)(i) the fund is publicly traded; or
(ii) the assets of the fund are
widely diversified; and
(B) the reporting individual neither
exercises control over nor has the
ability to exercise control over the
financial interests held by the fund.
(g) Political campaign funds, including campaign
receipts and expenditures, need not be included in any
report filed pursuant to this title.
(h) A report filed pursuant to subsection (a), (d), or
(e) of section 101 need not contain the information
described in subparagraphs (A), (B), and (C) of
subsection (a)(2) with respect to gifts and
reimbursements received in a period when the reporting
individual was not an officer or employee of the
Federal Government.
(i) A reporting individual shall not be required under
this title to report--
(1) financial interests in or income derived
from--
(A) any retirement system under title
5, United States Code (including the
Thrift Savings Plan under subchapter
III of chapter 84 of such title); or
(B) any other retirement system
maintained by the United States for
officers or employees of the United
States, including the President, or for
members of the uniformed services; or
(2) benefits received under the Social Security
Act.
Filing of Reports
SEC. 103. (a) Except as otherwise provided in this section, the
reports required under this title shall be filed by the
reporting individual with the designated agency ethics official
at the agency by which he is employed (or in the case of an
individual described in section 101(e), was employed) or in
which he will serve. The date any report is received (and the
date of receipt of any supplemental report) shall be noted on
such report by such official. * * *
(g) Each supervising Ethics Office shall develop and
make available forms for reporting the information
required by this title.
(h)(1) The reports required under this title shall be
filed by a reporting individual with--
(A)(i)(I) the Clerk of the House of
Representatives, in the case of a
Representative in Congress, a Delegate to
Congress, the Resident Commissioner from Puerto
Rico, an officer or employee of the Congress
whose compensation is disbursed by the Clerk of
the House of Representatives, an officer or
employee of the Architect of the Capitol,
United States Capitol Police, the United States
Botanic Garden, the Congressional Budget
Office, the Government Printing Office, the
Library of Congress, or the Copyright Royalty
Tribunal (including any individual terminating
service, under section 101(e), in any office or
position referred to in this subclause), or an
individual described in section 101(c) who is a
candidate for nomination or election as a
Representative in Congress, a Delegate to
Congress, or the Resident Commissioner from
Puerto Rico; * * *
(ii) in the case of an officer or
employee of the Congress as described
under section 101(f)(10) who is
employed by an agency or commission
established in the legislative branch
after the date of the enactment of the
Ethics Reform Act of 1989--
(I) the Secretary of the Senate
or the Clerk of the House of
Representatives, as the case
may be, as designated in the
statute establishing such
agency or commission; or
(II) if such statute does not
designate such committee, the
Secretary of the Senate for
agencies and commissions
established in even numbered
calendar years, and the Clerk
of the House of Representatives
for agencies and commissions
established in odd numbered
calendar years; * * *
(2) The date any report is received (and the
date of receipt of any supplemental report)
shall be noted on such report by such
committee.
(i) A copy of each report filed under
this title by a Member or an individual
who is a candidate for the office of
Member shall be sent by the Clerk of
the House of Representatives or
Secretary of the Senate, as the case
may be, to the appropriate State
officer designated under section 316(a)
of the Federal Election Campaign Act of
1971 of the State represented by the
Member or in which the individual is a
candidate, as the case may be, within
the 30-day period beginning on the day
the report is filed with the Clerk or
Secretary.
(j)(1) A copy of each report filed under this title
with the Clerk of the House of Representatives shall be
sent by the Clerk to the Committee on Standards of
Official Conduct of the House of Representatives within
the 7-day period beginning on the day the report is
filed. * * *
(k) In carrying out their responsibilities under this
title with respect to candidates for office, the Clerk
of the House of Representatives and the Secretary of
the Senate shall avail themselves of the assistance of
the Federal Election Commission. The Commission shall
make available to the Clerk and the Secretary on a
regular basis a complete list of names and addresses of
all candidates registered with the Commission, and
shall cooperate and coordinate its candidate
information and notification program with the Clerk and
the Secretary to the greatest extent possible.
Failure to File or Filing False Reports
SEC. 104. (a) The Attorney General may bring a civil action in
any appropriate United States district court against any
individual who knowingly and willfully falsifies or who
knowingly and willfully fails to file or report any information
that such individual is required to report pursuant to section
102. The court in which such action is brought may assess
against such individual a civil penalty in any amount, not to
exceed $10,000.
(b) The head of each agency, each Secretary concerned,
the Director of the Office of Government Ethics, each
congressional ethics committee, or the Judicial
Conference, as the case may be, shall refer to the
Attorney General the name of any individual which such
official or committee has reasonable cause to believe
has willfully failed to file a report or has willfully
falsified or willfully failed to file information
required to be reported.
(c) The President, the Vice President, the Secretary
concerned, the head of each agency, the Office of
Personnel Management, a congressional ethics committee,
and the Judicial Conference of the United States, may
take any appropriate personnel or other action in
accordance with applicable law or regulation against
any individual failing to file a report or falsifying
or failing to report information required to be
reported.
(d)(1) Any individual who files a report required to be
filed under this title more than 30 days after the
later of-
(A) the date such report is required to
be filed pursuant to the provisions of
this title and the rules and
regulations promulgated thereunder; or
(B) if a filing extension is granted to
such individual under section 101(g),
the last day of the filing extension
period, shall, at the direction of and
pursuant to regulations issued by the
supervising ethics office, pay a filing
fee of $200. All such fees shall be
deposited in the miscellaneous receipts
of the Treasury. The authority under
this paragraph to direct the payment of
a filing fee may be delegated by the
supervising ethics office in the
executive branch to other agencies in
the executive branch.
(2) The supervising ethics office may waive the
filing fee under this subsection in
extraordinary circumstances.
Custody of and Public Access to Reports
SEC. 105. (a) Each agency, each supervising ethics office in
the executive or judicial branch, the Clerk of the House of
Representatives, and the Secretary of the Senate shall make
available to the public, in accordance with subsection (b),
each report filed under this title with such agency or office
or with the Clerk or the Secretary of the Senate. * * *
(b)(1) Except as provided in the second sentence of
this subsection, each agency, each supervising ethics
office in the executive or judicial branch, the Clerk
of the House of Representatives, and the Secretary of
the Senate shall, within thirty days after any report
is received under this title by such agency or office
or by the Clerk or the Secretary of the Senate, as the
case may be, permit inspection of such report by or
furnish a copy of such report to any person requesting
such inspection or copy. With respect to any report
required to be filed by May 15 of any year, such report
shall be made available for public inspection within 30
calendar days after May 15 of such year or within 30
days of the date of filing of such a report for which
an extension is granted pursuant to section 101(g). The
agency, office, Clerk, or Secretary of the Senate, as
the case may be may require a reasonable fee to be paid
in any amount which is found necessary to recover the
cost of reproduction or mailing of such report
excluding any salary of any employee involved in such
reproduction or mailing. A copy of such report may be
furnished without charge or at a reduced charge if it
is determined that waiver or reduction of the fee is in
the public interest.
(2) Notwithstanding paragraph (1), a report may
not be made available under this section to any
person nor may any copy thereof be provided
under this section to any person except upon a
written application by such person stating--
(A) that person's name, occupation and
address;
(B) the name and address of any other
person or organization on whose behalf
the inspection or copy is requested;
and
(C) that such person is aware of the
prohibitions on the obtaining or use of
the report. Any such application shall
be made available to the public
throughout the period during which the
report is made available to the public.
(3)(A) This section does not require the
immediate and unconditional availability of
reports filed by an individual described in
section 109(8) or 109(10) of this Act if a
finding is made by the Judicial Conference, in
consultation with United States Marshall
Service, that revealing personal and sensitive
information could endanger that individual.
(B) A report may be redacted pursuant
to this paragraph only--
(i) to the extent necessary to
protect the individual who
filed the report; and
(ii) for as long as the danger
to such individual exists.
(C) The Administrative Office of the
United States Courts shall submit to
the Committees on the Judiciary of the
House of Representatives and of the
Senate an annual report with respect to
the operation of this paragraph
includinga--
(i) the total number of reports
redacted pursuant to this
paragraph;
(ii) the total number of
individuals whose reports have
been redacted pursuant to this
paragraph; and
(iii) the types of threats
against individuals whose
reports are redacted, if
appropriate.
(D) The Judicial Conference, in
consultation with the Department of
Justice, shall issue regulations
setting forth the circumstances under
which redaction is appropriate under
this paragraph and the procedures for
redaction.
(E) This paragraph shall expire on
December 31, 2005, and apply to filings
through calendar year 2005.
(c)(1) It shall be unlawful for any person to obtain or
use a report-
(A) for any unlawful purpose;
(B) for any commercial purpose, other
than by news and communications media
for dissemination to the general
public;
(C) for determining or establishing the
credit rating of any individual; or
(D) for use, directly or indirectly, in
the solicitation of money for any
political, charitable, or other
purpose.
(2) The Attorney General may bring a civil
action against any person who obtains or uses a
report for any purpose prohibited in paragraph
(1) of this subsection. The court in which such
action is brought may assess against such
person a penalty in any amount not to exceed
$10,000. Such remedy shall be in addition to
any other remedy available under statutory or
common law.
(d) Any report filed with or transmitted to an agency
or supervising ethics office or to the Clerk of the
House of Representatives or the Secretary of the Senate
pursuant to this title shall be retained by such agency
or office or by the Clerk or the Secretary of the
Senate, as the case may be. Such report shall be made
available to the public for a period of six years after
receipt of the report. After such six-year period the
report shall be destroyed unless needed in an ongoing
investigation, except that in the case of an individual
who filed the report pursuant to section 101(b) and was
not subsequently confirmed by the Senate, or who filed
the report pursuant to section 101(c) and was not
subsequently elected, such reports shall be destroyed
one year after the individual either is no longer under
consideration by the Senate or is no longer a candidate
for nomination or election to the Office of President,
Vice President, or as a Member of Congress, unless
needed in an ongoing investigation.
Review of Reports
SEC. 106. (a)(1) Each designated agency ethics official or
Secretary concerned shall make provisions to ensure that each
report filed with him under this title is reviewed within sixty
days after the date of such filing, except that the Director of
the Office of Government Ethics shall review only those reports
required to be transmitted to him under this title within sixty
days after the date of transmittal.
(2) Each congressional ethics committee and the
Judicial Conference shall make provisions to
ensure that each report filed under this title
is reviewed within sixty days after the date of
such filing.
(b)(1) If after reviewing any report under subsection
(a), the Director of the Office of Government Ethics,
the Secretary concerned, the designated agency ethics
official, a person designated by the congressional
ethics committee, or a person designated by the
Judicial Conference, as the case may be, is of the
opinion that on the basis of information contained in
such report the individual submitting such report is in
compliance with applicable laws and regulations, he
shall state such opinion on the report, and shall sign
such report.
(2) If the Director of the Office of Government
Ethics, the Secretary concerned, the designated
agency ethics official, a person designated by
the congressional ethics committee, or a person
designated by the Judicial Conference, after
reviewing any report under subsection (a)-
(A) believes additional information is
required to be submitted, he shall
notify the individual submitting such
report what additional information is
required and the time by which it must
be submitted, or (B) is of the opinion,
on the basis of information submitted,
that the individual is not in
compliance with applicable laws and
regulations, he shall notify the
individual, afford a reasonable
opportunity for a written or oral
response, and after consideration of
such response, reach an opinion as to
whether or not, on the basis of
information submitted, the individual
is in compliance with such laws and
regulations.
(3) If the Director of the Office of Government
Ethics, the Secretary concerned, the designated
agency ethics official, a person designated by
a congressional ethics committee, or a person
designated by the Judicial Conference, reaches
an opinion under paragraph (2)(B) that an
individual is not in compliance with applicable
laws and regulations, the official or committee
shall notify the individual of that opinion
and, after an opportunity for personal
consultation (if practicable), determine and
notify the individual of which steps, if any,
would in the opinion of such official or
committee be appropriate for assuring
compliance with such laws and regulations and
the date by which such steps should be taken.
Such steps may include, as appropriate-
(A) divestiture,
(B) restitution,
(C) the establishment of a blind trust,
(D) request for an exemption under
section 208(b) of title 18, United
States Code, or
(E) voluntary request for transfer,
reassignment, limitation of duties, or
resignation. The use of any such steps
shall be in accordance with such rules
or regulations as the supervising
ethics office may prescribe.
(4) If steps for assuring compliance with
applicable laws and regulations are not taken
by the date set under paragraph (3) by an
individual in a position in the executive
branch (other than in the Foreign Service or
the uniformed services), appointment to which
requires the advice and consent of the Senate,
the matter shall be referred to the President
for appropriate action.
(5) If steps for assuring compliance with
applicable laws and regulations are not taken
by the date set under paragraph (3) by a member
of the Foreign Service or the uniformed
services, the Secretary concerned shall take
appropriate action.
(6) If steps for assuring compliance with
applicable laws and regulations are not taken
by the date set under paragraph (3) by any
other officer or employee, the matter shall be
referred to the head of the appropriate agency,
the congressional ethics committee, or the
Judicial Conference, for appropriate action;
except that in the case of the Postmaster
General or Deputy Postmaster General, the
Director of the Office of Government Ethics
shall recommend to the Governors of the Board
of Governors of the United States Postal
Service the action to be taken.
(7) Each supervising ethics office may render
advisory opinions interpreting this title
within its respective jurisdiction.
Notwithstanding any other provision of law, the
individual to whom a public advisory opinion is
rendered in accordance with this paragraph, and
any other individual covered by this title who
is involved in a fact situation which is
indistinguishable in all material aspects, and
who acts in good faith in accordance with the
provisions and findings of such advisory
opinion shall not, as a result of such act, be
subject to any penalty or sanction provided by
this title.
Confidential Reports and Other Additional Requirements
SEC. 107. (a)(1) Each supervising ethics office may require
officers and employees under its jurisdiction (including
special Government employees as defined in section 202 of title
18, United States Code) to file confidential financial
disclosure reports, in such form as the supervising ethics
office may prescribe. The information required to be reported
under this subsection by the officers and employees of any
department or agency shall be set forth in rules or regulations
prescribed by the supervising ethics office, and may be less
extensive than otherwise required by this title, or more
extensive when determined by the supervising ethics office to
be necessary and appropriate in light of sections 202 through
209 of title 18, United States Code, regulations promulgated
thereunder, or the authorized activities of such officers or
employees. Any individual required to file a report pursuant to
section 101 shall not be required to file a confidential report
pursuant to this subsection, except with respect to information
which is more extensive than information otherwise required by
this title. Subsections (a), (b), and (d) of section 105 shall
not apply with respect to any such report.
(2) Any information required to be provided by
an individual under this subsection shall be
confidential and shall not be disclosed to the
public.
(3) Nothing in this subsection exempts any
individual otherwise covered by the requirement
to file a public financial disclosure report
under this title from such requirement.
(b) The provisions of this title requiring the
reporting of information shall supersede any general
requirement under any other provision of law or
regulation with respect to the reporting of information
required for purposes of preventing conflicts of
interest or apparent conflicts of interest. Such
provisions of this title shall not supersede the
requirements of section 7342 of title 5, United States
Code.
(c) Nothing in this Act requiring reporting of
information shall be deemed to authorize the receipt of
income, gifts, or reimbursements; the holding of
assets, liabilities, or positions; or the participation
in transactions that are prohibited by law, Executive
order, rule, or regulation.
Authority of Comptroller General
SEC. 108. (a) The Comptroller General shall have access to
financial disclosure reports filed under this title for the
purposes of carrying out his statutory responsibilities.
(b) No later than December 31, 1992, and regularly
thereafter, the Comptroller General shall conduct a
study to determine whether the provisions of this title
are being carried out effectively.
Definitions
SEC. 109. For the purposes of this title, the term-
(1) ``congressional ethics committees'' means the
Select Committee on Ethics of the Senate and the
Committee on Standards of Official Conduct of the House
of Representatives;
(2) ``dependent child'' means, when used with respect
to any reporting individual, any individual who is a
son, daughter, stepson, or stepdaughter and who-
(A) is unmarried and under age 21 and is living
in the household of such reporting individual;
or
(B) is a dependent of such reporting individual
within the meaning of section 152 of the
Internal Revenue Code of 1986;
(3) ``designated agency ethics official'' means an
officer or employee who is designated to administer the
provisions of this title within an agency; * * *
(5) ``gift'' means a payment, advance, forbearance,
rendering, or deposit of money, or any thing of value,
unless consideration of equal or greater value is
received by the donor, but does not include-
(A) bequest and other forms of inheritance;
(B) suitable mementos of a function honoring
the reporting individual;
(C) food, lodging, transportation, and
entertainment provided by a foreign government
within a foreign country or by the United
States Government, the District of Columbia, or
a State or local government or political
subdivision thereof;
(D) food and beverages which are not consumed
in connection with a gift of overnight lodging;
(E) communications to the offices of a
reporting individual, including subscriptions
to newspapers and periodicals; or
(F) consumable products provided by home-State
businesses to the offices of a reporting
individual who is an elected official, if those
products are intended for consumption by
persons other than such reporting individual;
(6) ``honoraria'' has the meaning given such term in
section 505 of this Act;
(7) ``income'' means all income from whatever source
derived, including but not limited to the following
items: compensation for services, including fees,
commissions, and similar items; gross income derived
from business (and net income if the individual elects
to include it); gains derived from dealings in
property; interest; rents; royalties; dividends;
annuities; income from life insurance and endowment
contracts; pensions; income from discharge of
indebtedness; distributive share of partnership income;
and income from an interest in an estate or trust; * *
*
(11) ``legislative branch'' includes-
(A) the Architect of the Capitol;
(B) the Botanic Gardens;
(C) the Congressional Budget Office;
(D) the Government Accountability Office;
(E) the Government Printing Office;
(F) the Library of Congress;
(G) the United States Capitol Police;
(H) the Office of Technology Assessment; and
(I) any other agency, entity, office, or
commission established in the legislative
branch;
(12) ``Member of Congress'' means a United States
Senator, a Representative in Congress, a Delegate to
Congress, or the Resident Commissioner from Puerto
Rico;
(13) ``officer or employee of the Congress'' means-
(A) any individual described under subparagraph
(B), other than a Member of Congress or the
Vice President, whose compensation is disbursed
by the Secretary of the Senate or the Clerk of
the House of Representatives;
(B)(i) each officer or employee of the
legislative branch who, for at least 60 days,
occupies a position for which the rate of basic
pay is equal to or greater than 120 percent of
the minimum rate of basic pay payable for GS-15
of the General Schedule; and
(ii) at least one principal assistant
designated for purposes of this
paragraph by each Member who does not
have an employee who occupies a
position for which the rate of basic
pay is equal to or greater than 120
percent of the minimum rate of basic
pay payable for GS-15 of the General
Schedule;
(14) ``personal hospitality of any individual'' means
hospitality extended for a nonbusiness purpose by an
individual, not a corporation or organization, at the
personal residence of that individual or his family or
on property or facilities owned by that individual or
his family;
(15) ``reimbursement'' means any payment or other thing
of value received by the reporting individual, other
than gifts, to cover travel-related expenses of such
individual other than those which are-
(A) provided by the United States Government,
the District of Columbia, or a State or local
government or political subdivision thereof;
(B) required to be reported by the reporting
individual under section 7342 of title 5,
United States Code; or
(C) required to be reported under section 304
of the Federal Election Campaign Act of 1971 (2
U.S.C. 434);
(16) ``relative'' means an individual who is related to
the reporting individual, as father, mother, son,
daughter, brother, sister, uncle, aunt, great aunt,
great uncle, first cousin, nephew, niece, husband,
wife, grandfather, grandmother, grandson,
granddaughter, father-in-law, mother-in-law, son-in-
law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, half sister, or
who is the grandfather or grandmother of the spouse of
the reporting individual, and shall be deemed to
include the fiance or fiancee of the reporting
individual; * * *
(18) ``supervising ethics office'' means-
(A) the Senate Committee on Ethics of the
Senate, for Senators, officers and employees of
the Senate, and other officers or employees of
the legislative branch required to file
financial disclosure reports with the Secretary
of the Senate pursuant to section 103(h) of
this title;
(B) the Committee on Standards of Official
Conduct of the House of Representatives, for
Members, officers and employees of the House of
Representatives and other officers or employees
of the legislative branch required to file
financial disclosure reports with the Clerk of
the House of Representatives pursuant to
section 103(h) of this title;
(C) the Judicial Conference for judicial
officers and judicial employees; and
(D) the Office of Government Ethics for all
executive branch officers and employees; and
(19) ``value'' means a good faith estimate of the
dollar value if the exact value is neither known nor
easily obtainable by the reporting individual.
Notice of Actions Taken to Comply with Ethics Agreements
SEC. 110. (a) In any case in which an individual agrees with
that individual's designated agency ethics official, the Office
of Government Ethics, a Senate confirmation committee, a
congressional ethics committee, or the Judicial Conference, to
take any action to comply with this Act or any other law or
regulation governing conflicts of interest of, or establishing
standards of conduct applicable with respect to, officers or
employees of the Government, that individual shall notify in
writing the designated agency ethics official, the Office of
Government Ethics, the appropriate committee of the Senate, the
congressional ethics committee, or the Judicial Conference, as
the case may be, of any action taken by the individual pursuant
to that agreement. Such notification shall be made not later
than the date specified in the agreement by which action by the
individual must be taken, or not later than three months after
the date of the agreement, if no date for action is so
specified.
(b) If an agreement described in subsection (a) requires that
the individual recuse himself or herself from particular
categories of agency or other official action, the individual
shall reduce to writing those subjects regarding which the
recusal agreement will apply and the process by which it will
be determined whether the individual must recuse himself or
herself in a specific instance. An individual shall be
considered to have complied with the requirements of subsection
(a) with respect to such recusal agreement if such individual
files a copy of the document setting forth the information
described in the preceding sentence with such individual's
designated agency ethics official or the appropriate
supervising ethics office within the time prescribed in the
last sentence of subsection (a).
Administration of Provisions
SEC. 111. The provisions of this title shall be administered by
* * *
(2) the Select Committee on Ethics of the Senate and the
Committee on Standards of Official Conduct of the House of
Representatives, as appropriate, with regard to officers and
employees described in paragraphs (9) and (10) of section
101(f). * * *
RULE XXVII
DISCLOSURE BY MEMBERS AND STAFF OF EMPLOYMENT NEGOTIATIONS
1. A Member, Delegate, or Resident Commissioner shall not
directly negotiate or have any agreement of future employment
or compensation unless such Member, Delegate, or Resident
Commissioner, within 3 business days after the commencement of
such negotiation or agreement of future employment or
compensation, files with the Committee on Standards of Official
Conduct a statement, which must be signed by the Member,
Delegate, or Resident Commissioner, regarding such negotiations
or agreement, including the name of the private entity or
entities involved in such negotiations or agreement, and the
date such negotiations or agreement commenced.
2. An officer or an employee of the House earning in excess of
75 percent of the salary paid to a Member shall notify the
Committee on Standards of Official Conduct that such individual
is negotiating or has any agreement of future employment or
compensation.
3. The disclosure and notification under this rule shall be
made within 3 business days after the commencement of such
negotiation or agreement of future employment or compensation.
4. A Member, Delegate, or Resident Commissioner, and an officer
or employee to whom this rule applies, shall recuse himself or
herself from any matter in which there is a conflict of
interest or an appearance of a conflict for that Member,
Delegate, Resident Commissioner, officer, or employee under
this rule and shall notify the Committee on Standards of
Official Conduct of such recusal. A Member, Delegate, or
Resident Commissioner making such recusal shall, upon such
recusal, submit to the Clerk for public disclosure the
statement of disclosure under clause 1 with respect to which
the recusal was made.
* * * * * * *
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.