[House Prints 113-A]
[From the U.S. Government Publishing Office]
113th Congress } { Committee
COMMITTEE PRINT
1st Session } { Print 113-A
_______________________________________________________________________
RULES FOR THE
COMMITTEE ON FINANCIAL SERVICES
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRTEENTH CONGRESS
FIRST SESSION
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 2013
113th Congress } { Committee
COMMITTEE PRINT
1st Session } { Print 113-A
_______________________________________________________________________
RULES FOR THE
COMMITTEE ON FINANCIAL SERVICES
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRTEENTH CONGRESS
FIRST SESSION
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 2013
_____
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20402-0001
HOUSE COMMITTEE ON FINANCIAL SERVICES
JEB HENSARLING, Texas, Chairman
GARY G. MILLER, California, Vice MAXINE WATERS, California, Ranking
Chairman Member
SPENCER BACHUS, Alabama, Chairman CAROLYN B. MALONEY, New York
Emeritus NYDIA M. VELAZQUEZ, New York
PETER T. KING, New York MELVIN L. WATT, North Carolina
EDWARD R. ROYCE, California BRAD SHERMAN, California
FRANK D. LUCAS, Oklahoma GREGORY W. MEEKS, New York
SHELLEY MOORE CAPITO, West Virginia MICHAEL E. CAPUANO, Massachusetts
SCOTT GARRETT, New Jersey RUBEN HINOJOSA, Texas
RANDY NEUGEBAUER, Texas WM. LACY CLAY, Missouri
PATRICK T. McHENRY, North Carolina CAROLYN McCARTHY, New York
JOHN CAMPBELL, California STEPHEN F. LYNCH, Massachusetts
MICHELE BACHMANN, Minnesota DAVID SCOTT, Georgia
KEVIN McCARTHY, California AL GREEN, Texas
STEVAN PEARCE, New Mexico EMANUEL CLEAVER, Missouri
BILL POSEY, Florida GWEN MOORE, Wisconsin
MICHAEL G. FITZPATRICK, KEITH ELLISON, Minnesota
Pennsylvania ED PERLMUTTER, Colorado
LYNN A. WESTMORELAND, Georgia JAMES A. HIMES, Connecticut
BLAINE LUETKEMEYER, Missouri GARY C. PETERS, Michigan
BILL HUIZENGA, Michigan JOHN C. CARNEY, Jr., Delaware
SEAN P. DUFFY, Wisconsin TERRI A. SEWELL, Alabama
JAMES B. RENACCI, Ohio BILL FOSTER, Illinois
ROBERT HURT, Virginia DANIEL T. KILDEE, Michigan
MICHAEL G. GRIMM, New York PATRICK MURPHY, Florida
STEVE STIVERS, Ohio JOHN K. DELANEY, Maryland
STEPHEN LEE FINCHER, Tennessee KYRSTEN SINEMA, Arizona
MARLIN A. STUTZMAN, Indiana JOYCE BEATTY, Ohio
MICK MULVANEY, South Carolina DENNY HECK, Washington
RANDY HULTGREN, Illinois
DENNIS A. ROSS, Florida
ROBERT PITTENGER, North Carolina
ANN WAGNER, Missouri
GARLAND ``ANDY'' BARR, Kentucky
TOM COTTON, Arkansas
Shannon McGahn, Staff Director
James H. Clinger, Chief Counsel
C O N T E N T S
----------
Rules
Page
Rule 1--General Provisions..................................... 1
Rule 2--Meetings............................................... 1
Rule 3--Meeting and Hearing Procedures......................... 2
Rule 4--Procedures for Reporting Measures or Matters........... 7
Rule 5--Subcommittees.......................................... 7
Rule 6--Staff.................................................. 12
Rule 7--Budget and Travel...................................... 12
Rule 8--Committee Administration............................... 13
Appendices
Appendix 1--Applicable Provisions of House Rules............... 15
Appendix 2--Chair's Policy Regarding Postponed Votes........... 31
RULES OF THE COMMITTEE ON
FINANCIAL SERVICES
U.S. House of Representatives
113th Congress
----------
Rule 1
General Provisions
(a) The rules of the House are the rules of the Committee
on Financial Services (hereinafter in these rules referred to
as the ``Committee'') and its subcommittees so far as
applicable, except that a motion to recess from day to day, and
a motion to dispense with the first reading (in full) of a bill
or resolution, if printed copies are available, are privileged
motions in the Committee and shall be considered without
debate. A proposed investigative or oversight report shall be
considered as read if it has been available to the members of
the Committee for at least 24 hours (excluding Saturdays,
Sundays, or legal holidays except when the House is in session
on such day).
(b) Each subcommittee is a part of the Committee, and is
subject to the authority and direction of the Committee and to
its rules so far as applicable.
(c) The provisions of clause 2 of rule XI of the Rules of
the House are incorporated by reference as the rules of the
Committee to the extent applicable.
Rule 2
Meetings
Calling of Meetings
(a)(1) The Committee shall regularly meet on the first
Tuesday of each month when the House is in session.
(2) A regular meeting of the Committee may be
dispensed with if, in the judgment of the Chairman of
the Committee (hereinafter in these rules referred to
as the ``Chair''), there is no need for the meeting.
(3) Additional regular meetings and hearings of the
Committee may be called by the Chair, in accordance
with clause 2(g)(3) of rule XI of the rules of the
House.
(4) Special meetings shall be called and convened by
the Chair as provided in clause 2(c)(2) of rule XI of
the Rules of the House.
Notice for Meetings
(b)(1) The Chair shall notify each member of the Committee
of the agenda of each regular meeting of the Committee at least
three calendar days (excluding Saturdays, Sundays, and legal
holidays except when the House is in session on any such day)
before the time of the meeting.
(2) The Chair shall provide to each member of the
Committee, at least three calendar days (excluding
Saturdays, Sundays, and legal holidays except when the
House is in session on any such day) before the time of
each regular meeting for each measure or matter on the
agenda a copy of--
(A) the measure or materials relating to the
matter in question; and
(B) an explanation of the measure or matter
to be considered, which, in the case of an
explanation of a bill, resolution, or similar
measure, shall include a summary of the major
provisions of the legislation, an explanation
of the relationship of the measure to present
law, and a summary of the need for the
legislation.
(3) At least 24 hours prior to the commencement of a
meeting for the markup of legislation, the Chair shall
cause the text of such legislation to be made publicly
available in electronic form.
(4) The provisions of this subsection may be waived
by a two-thirds vote of the Committee or by the Chair
with the concurrence of the ranking minority member.
Rule 3
Meeting and Hearing Procedures
In General
(a)(1) Meetings and hearings of the Committee shall be
called to order and presided over by the Chair or, in the
Chair's absence, by the member designated by the Chair as the
Vice Chair of the Committee, or by the ranking majority member
of the Committee present as Acting Chair.
(2) Meetings and hearings of the committee shall be
open to the public unless closed in accordance with
clause 2(g) of rule XI of the Rules of the House.
(3) Any meeting or hearing of the Committee that is
open to the public shall be open to coverage by
television broadcast, radio broadcast, and still
photography in accordance with the provisions of clause
4 of rule XI of the Rules of the House (which are
incorporated by reference as part of these rules).
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.
(4) To the extent feasible, members and witnesses may
use the Committee equipment for the purpose of
presenting information electronically during a meeting
or hearing, provided the information is transmitted to
the appropriate Committee staff in an appropriate
electronic format at least one business day before the
meeting or hearing so as to ensure display capacity and
quality. The content of all materials must relate to
the pending business of the Committee and conform to
the rules of the House. The confidentiality of the
material will be maintained by the technical staff
until its official presentation to the Committee
members. For the purposes of maintaining the official
records of the committee, printed copies of all
materials presented, to the extent practicable, must
accompany the presentations.
(5) No person, other than a Member of Congress,
Committee staff, or an employee of a Member when that
Member has an amendment under consideration, may stand
in or be seated at the rostrum area of the Committee
rooms unless the Chair determines otherwise.
Quorum
(b)(1) For the purpose of taking testimony and receiving
evidence, two members of the Committee shall constitute a
quorum.
(2) A majority of the members of the Committee shall
constitute a quorum for the purposes of reporting any
measure or matter, of authorizing a subpoena, of
closing a meeting or hearing pursuant to clause 2(g) of
rule XI of the rules of the House (except as provided
in clause 2(g)(2)(A) and (B)) or of releasing executive
session material pursuant to clause 2(k)(7) of rule XI
of the rules of the House.
(3) For the purpose of taking any action other than
those specified in paragraph (2) one-third of the
members of the Committee shall constitute a quorum.
Voting
(c)(1) No vote may be conducted on any measure or matter
pending before the Committee unless the requisite number of
members of the Committee is actually present for such purpose.
(2) A record vote of the Committee shall be provided
on any question before the Committee upon the request
of one-fifth of the members present.
(3) No vote by any member of the Committee on any
measure or matter may be cast by proxy.
(4) In addition to any other requirement of these
rules or the Rules of the House, including clause
2(e)(1)(B) of rule XI, the Chair shall make the record
of the votes on any question on which a record vote is
demanded publicly available for inspection at the
offices of the Committee and in electronic form on the
Committee's Web site not later than one business day
after such vote is taken. Such record shall include in
electronic form the text 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. With respect to any record vote on any motion
to report or record vote on any amendment, a record of
such votes shall be included in the report of the
Committee showing the total number of votes cast for
and against and the names of those members of the
committee present but not voting.
(5) Postponed Record Votes.--(A) Subject to
subparagraph (B), the Chairman may postpone further
proceedings when a record vote is ordered on the
question of approving any measure or matter or adopting
an amendment. The Chairman may resume proceedings on a
postponed request at any time, but no later than the
next meeting day.
(B) In exercising postponement authority
under subparagraph (A), the Chairman shall take
all reasonable steps necessary to notify
members on the resumption of proceedings on any
postponed record vote.
(C) When proceedings resume on a postponed
question, not withstanding 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.
Hearing Procedures
(d)(1)(A) The Chair shall make public announcement of the
date, place, and subject matter of any committee hearing at
least one week before the commencement of the hearing, unless
the Chair, with the concurrence of the ranking minority member,
or the Committee by majority vote with a quorum present for the
transaction of business, determines there is good cause to
begin the hearing sooner, in which case the Chair shall make
the announcement at the earliest possible date.
(B) Not less than three days before the
commencement of a hearing announced under this
paragraph, the Chair shall provide to the
members of the Committee a concise summary of
the subject of the hearing, or, in the case of
a hearing on a measure or matter, a copy of the
measure or materials relating to the matter in
question and a concise explanation of the
measure or matter to be considered. At the same
time the Chair provides the information
required by the preceding sentence, the Chair
shall also provide to the members of the
Committee a final list consisting of the names
of each witness who is to appear before the
Committee at that hearing. The witness list may
not be modified within 24 hours of a hearing,
unless the Chair, with the concurrence of the
ranking minority member, determines there is
good cause for such modification.
(2) To the greatest extent practicable--
(A) each witness who is to appear before the
Committee shall file with the Committee two
business days in advance of the appearance
sufficient copies (including a copy in
electronic form), as determined by the Chair,
of a written statement of proposed testimony
and shall limit the oral presentation to the
Committee to brief summary thereof; and
(B) each witness appearing in a non-
governmental capacity shall include with the
written statement of proposed testimony a
curriculum vitae and a disclosure of the amount
and source (by agency and program) of any
Federal grant (or subgrant hereof) or contract
(or subcontract thereof) received during the
current fiscal year or either of the two
preceding fiscal years. Such disclosure
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.
(3) The requirements of paragraph (2)(A) may be
modified or waived by the Chair when the Chair
determines it to be in the best interest of the
Committee.
(4) The five-minute rule shall be observed in the
interrogation of witnesses before the Committee until
each member of the Committee has had an opportunity to
question the witnesses. No member shall be recognized
for a second period of five minutes to interrogate
witnesses until each member of the Committee present
has been recognized once for that purpose.
(5) Whenever any hearing is conducted by the
Committee on any measure or matter, the minority party
members of the Committee shall be entitled, upon the
request of a majority of them before the completion of
the hearing, to call witnesses with respect to that
measure or matter during at least one day of hearing
thereon.
(6) At any hearing of the Committee for the purpose
of receiving testimony (other than testimony described
in clauses (i) or (ii) of subsection (f)(2)(A)), the
Chair may, after consultation with the ranking minority
member, limit the duration of opening statements to 20
minutes to be divided equally between and controlled by
the Chair and the ranking minority member or their
respective designees. At any hearing of the Committee
for the purpose of receiving testimony described in
clauses (i) or (ii) of subsection (f)(2)(A), the Chair
may, after consultation with the ranking minority
member, limit the duration of opening statements to 16
minutes to be divided equally between and controlled by
the Chair and the ranking minority member or their
respective designees. The duration for all opening
statements provided in this subsection for any hearing
may be extended by agreement between the Chair and
ranking minority member provided that any such extended
time be equally divided between and controlled by the
Chair and ranking minority member or their designees.
(7) Notwithstanding any member's oral delivery of an
opening statement, written opening statements by any
member of the Committee submitted to the Chair within 5
legislative days after the adjournment of a hearing
shall be made a part of the official hearing record
thereof.
(8) Subsections (6) and (7) shall apply with equal
force to hearings held by the subcommittees of the
Committee.
Subpoenas and Oaths
(e)(1) Pursuant to clause 2(m) of rule XI of the Rules of
the House, a subpoena may be authorized and issued by the
Committee or a subcommittee in the conduct of any investigation
or series of investigations or activities, only when authorized
by a majority of the members voting, a majority being present,
or pursuant to paragraph (2).
(2) The Chair, with the concurrence of the ranking
minority member, may authorize and issue subpoenas
under such clause during any period for which the House
has adjourned for a period in excess of three days
when, in the opinion of the Chair, authorization and
issuance of the subpoena is necessary to obtain the
material or testimony set forth in the subpoena. The
Chair shall report to the members of the Committee on
the authorization and issuance of a subpoena during the
recess period as soon as practicable, but in no event
later than one week after service of such subpoena.
(3) Authorized subpoenas shall be signed by the Chair
or by any member designated by the Committee, and may
be served by any person designated by the Chair or such
member.
(4) The Chair, or any member of the Committee
designated by the Chair, may administer oaths to
witnesses before the Committee.
Special Procedures
(f)(1)(A) Commemorative Medals and Coins.--It shall not be
in order for the Subcommittee on Domestic Monetary Policy and
Technology to hold a hearing on any commemorative medal or
commemorative coin legislation unless the legislation is
cosponsored by at least two-thirds of the members of the House.
(B) It shall not be in order for the
subcommittee to approve a bill or measure
authorizing commemorative coins for
consideration by the full Committee which does
not conform with the mintage restrictions
established by section 5112 of title 31, United
States Code.
(C) In considering legislation authorizing
Congressional gold medals, the subcommittee
shall apply the following standards--
(i) the recipient shall be a natural
person;
(ii) the recipient shall have
performed an achievement that has an
impact on American history and culture
that is likely to be recognized as a
major achievement in the recipient's
field long after the achievement;
(iii) the recipient shall not have
received a medal previously for the
same or substantially the same
achievement;
(iv) the recipient shall be living
or, if deceased, shall have been
deceased for not less than five years
and not more than twenty five years;
(v) the achievements were performed
in the recipient's field of endeavor,
and represent either a lifetime of
continuous superior achievements or a
single achievement so significant that
the recipient is recognized and
acclaimed by others in the same field,
as evidenced by the recipient having
received the highest honors in the
field.
(2) Testimony of Certain Officials.--
(A) When the Chair announces a hearing of the
Committee for the purpose of receiving--
(i) testimony from the Chairman of
the Federal Reserve Board pursuant to
section 2B of the Federal Reserve Act
(12 U.S.C. 221 et seq.), or
(ii) testimony from the Chairman of
the Federal Reserve Board or a member
of the President's cabinet at the
invitation of the Chair, the Chair may,
in consultation with the ranking
minority member, limit the number and
duration of opening statements to be
delivered at such hearing. The
limitation shall be included in the
announcement made pursuant to
subsection (d)(1)(A), and shall provide
that the opening statements of all
members of the Committee shall be made
a part of the hearing record.
Rule 4
Procedures for Reporting Measures or Matters
(a) No measure or matter shall be reported from the
Committee unless a majority of the Committee is actually
present.
(b) The Chair of the Committee shall report or cause to be
reported promptly to the House any measure approved by the
Committee and take necessary steps to bring a matter to a vote.
(c) The report of the Committee on a measure which 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 there has been filed with the clerk of
the Committee a written request, signed by a majority of the
members of the Committee, for the reporting of that measure
pursuant to the provisions of clause 2(b)(2) of rule XIII of
the Rules of the House.
(d) All reports printed by the Committee pursuant to a
legislative study or investigation and not approved by a
majority vote of the Committee shall contain the following
disclaimer on the cover of such report: ``This report has not
been officially adopted by the Committee on Financial Services
and may not necessarily reflect the views of its Members.''
(e) The Chair is directed to offer a motion under clause 1
of rule XXII of the Rules of the House whenever the Chair
considers it appropriate.
Rule 5
Subcommittees
Establishment and Responsibilities of Subcommittees
(a)(1) There shall be five subcommittees of the Committee
as follows:
(A) Subcommittee on capital markets and government
sponsored enterprises.--The jurisdiction of the
Subcommittee on Capital Markets and Government
Sponsored Enterprises includes--
(i) securities, exchanges, and finance;
(ii) capital markets activities, including
business capital formation and venture capital;
(iii) activities involving futures, forwards,
options, and other types of derivative
instruments;
(iv) the Securities and Exchange Commission;
(v) secondary market organizations for home
mortgages, including the Federal National
Mortgage Association, the Federal Home Loan
Mortgage Corporation, and the Federal
Agricultural Mortgage Corporation;
(vi) the Federal Housing Finance Agency; and
(vii) the Federal Home Loan Banks.
(B) Subcommittee on financial institutions and
consumer credit.--The jurisdiction of the Subcommittee
on Financial Institutions and Consumer Credit
includes--
(i) all agencies, including the Office of the
Comptroller of the Currency, the Federal
Deposit Insurance Corporation, the Board of
Governors of the Federal Reserve System and the
Federal Reserve System, and the National Credit
Union Administration, which directly or
indirectly exercise supervisory or regulatory
authority in connection with, or provide
deposit insurance for, financial institutions,
and the establishment of interest rate ceilings
on deposits;
(ii) all matters related to the Bureau of
Consumer Financial Protection;
(iii) the chartering, branching, merger,
acquisition, consolidation, or conversion of
financial institutions;
(iv) consumer credit, including the provision
of consumer credit by insurance companies, and
further including those matters in the Consumer
Credit Protection Act dealing with truth in
lending, extortionate credit transactions,
restrictions on garnishments, fair credit
reporting and the use of credit information by
credit bureaus and credit providers, equal
credit opportunity, debt collection practices,
and electronic funds transfers, including
consumer transactions using mobile devices;
(v) creditor remedies and debtor defenses,
Federal aspects of the Uniform Consumer Credit
Code, credit and debit cards, and the
preemption of State usury laws;
(vi) consumer access to financial services,
including the Home Mortgage Disclosure Act and
the Community Reinvestment Act;
(vii) the terms and rules of disclosure of
financial services, including the
advertisement, promotion and pricing of
financial services, and availability of
government check cashing services;
(viii) deposit insurance; and
(ix) consumer access to savings accounts and
checking accounts in financial institutions,
including lifeline banking and other consumer
accounts.
(C) Subcommittee on housing and insurance.--The
jurisdiction of the Subcommittee on Housing and
Insurance includes--
(i) insurance generally; terrorism risk
insurance; private mortgage insurance;
government sponsored insurance programs,
including those offering protection against
crime, fire, flood (and related land use
controls), earthquake and other natural
hazards; the Federal Insurance Office;
(ii) housing (except programs administered by
the Department of Veterans Affairs), including
mortgage and loan insurance pursuant to the
National Housing Act; rural housing; housing
and homeless assistance programs; all
activities of the Government National Mortgage
Association; housing construction and design
and safety standards; housing-related energy
conservation; housing research and
demonstration programs; financial and technical
assistance for nonprofit housing sponsors;
housing counseling and technical assistance;
regulation of the housing industry (including
landlord/tenant relations); and real estate
lending including regulation of settlement
procedures;
(iii) community development and community and
neighborhood planning, training and research;
national urban growth policies; urban/rural
research and technologies; and regulation of
interstate land sales; and,
(iv) the qualifications for and designation
of Empowerment Zones and Enterprise Communities
(other than matters relating to tax benefits).
(D) Subcommittee on monetary policy and trade.--The
jurisdiction of the Subcommittee on Monetary Policy and
Trade includes--
(i) financial aid to all sectors and elements
within the economy;
(ii) economic growth and stabilization;
(iii) defense production matters as contained
in the Defense Production Act of 1950, as
amended;
(iv) domestic monetary policy, and agencies
which directly or indirectly affect domestic
monetary policy, including the effect of such
policy and other financial actions on interest
rates, the allocation of credit, and the
structure and functioning of domestic financial
institutions;
(v) coins, coinage, currency, and medals,
including commemorative coins and medals, proof
and mint sets and other special coins, the
Coinage Act of 1965, gold and silver, including
the coinage thereof (but not the par value of
gold), gold medals, counterfeiting, currency
denominations and design, the distribution of
coins, and the operations of the Bureau of the
Mint and the Bureau of Engraving and Printing;
(vi) development of new or alternative forms
of currency;
(vii) multilateral development lending
institutions, including activities of the
National Advisory Council on International
Monetary and Financial Policies as related
thereto, and monetary and financial
developments as they relate to the activities
and objectives of such institutions;
(viii) international trade, including but not
limited to the activities of the Export-Import
Bank;
(ix) the International Monetary Fund, its
permanent and temporary agencies, and all
matters related thereto; and
(x) international investment policies, both
as they relate to United States investments for
trade purposes by citizens of the United States
and investments made by all foreign entities in
the United States.
(E) Subcommittee on oversight and investigations.--
The jurisdiction of the Subcommittee on Oversight and
Investigations includes--
(i) the oversight of all agencies,
departments, programs, and matters within the
jurisdiction of the Committee, including the
development of recommendations with regard to
the necessity or desirability of enacting,
changing, or repealing any legislation within
the jurisdiction of the Committee, and for
conducting investigations within such
jurisdiction; and
(ii) research and analysis regarding matters
within the jurisdiction of the Committee,
including the impact or probable impact of tax
policies affecting matters within the
jurisdiction of the Committee.
(2) In addition, each such subcommittee shall have specific
responsibility for such other measures or matters as the Chair
refers to it.
(3) Each subcommittee of the Committee shall review and
study, on a continuing basis, the application, administration,
execution, and effectiveness of those laws, or parts of laws,
the subject matter of which is within its general
responsibility.
Referral of Measures and Matters to Subcommittees
(b)(1) The Chair shall regularly refer to one or more
subcommittees such measures and matters as the Chair deems
appropriate given its jurisdiction and responsibilities. In
making such a referral, the Chair may designate a subcommittee
of primary jurisdiction and subcommittees of additional or
sequential jurisdiction.
(2) All other measures or matters shall be subject to
consideration by the full Committee.
(3) In referring any measure or matter to a
subcommittee, the Chair may specify a date by which the
subcommittee shall report thereon to the Committee.
(4) The Committee by motion may discharge a
subcommittee from consideration of any measure or
matter referred to a sub- committee of the Committee.
Composition of Subcommittees
(c)(1) Members shall be elected to each subcommittee and to
the positions of chair and ranking minority member thereof, in
accordance with the rules of the respective party caucuses. The
Chair of the Committee shall designate a member of the majority
party on each subcommittee as its vice chair. The Chair may
designate one member of the Committee who previously has served
as the chairman of the Committee as the Chairman Emeritus.
(2) The Chair and ranking minority member of the
Committee shall be ex officio members with voting
privileges of each subcommittee of which they are not
assigned as members and may be counted for purposes of
establishing a quorum in such subcommittees. The
Chairman Emeritus shall be an ex officio member without
voting privileges of each subcommittee to which he or
she is not assigned and shall not count for purposes of
establishing a quorum in such subcommittees.
(3) The subcommittees shall be comprised as follows:
(A) The Subcommittee on Capital Markets and
Government Sponsored Enterprises shall be
comprised of 33 members, 18 elected by the
majority caucus and 15 elected by the minority
caucus.
(B) The Subcommittee on Financial
Institutions and Consumer Credit shall be
comprised of 31 members, 17 elected by the
majority caucus and 14 elected by the minority
caucus.
(C) The Subcommittee on Housing and Insurance
shall be comprised of 20 members, 11 elected by
the majority caucus and 9 elected by the
minority caucus.
(D) The Subcommittee on Monetary Policy and
Trade shall be comprised of 20 members, 11
elected by the majority caucus and 9 elected by
the minority caucus.
(E) The Subcommittee on Oversight and
Investigations shall be comprised of 20
members, 11 elected by the majority caucus and
9 elected by the minority caucus.
Subcommittee Meetings and Hearings
(d)(1) Each subcommittee of the Committee is authorized to
meet, hold hearings, receive testimony, mark up legislation,
and report to the full Committee on any measure or matter
referred to it, consistent with subsection (a).
(2) No subcommittee of the Committee may meet or hold
a hearing at the same time as a meeting or hearing of
the Committee.
(3) The chair of each subcommittee shall set hearing
and meeting dates only with the approval of the Chair
with a view toward assuring the availability of meeting
rooms and avoiding simultaneous scheduling of Committee
and subcommittee meetings or hearings.
Effect of a Vacancy
(e) Any vacancy in the membership of a subcommittee shall
not affect the power of the remaining members to execute the
functions of the subcommittee as long as the required quorum is
present.
Records
(f) Each subcommittee of the Committee shall provide the
full Committee with copies of such records of votes taken in
the subcommittee and such other records with respect to the
subcommittee as the Chair deems necessary for the Committee to
comply with all rules and regulations of the House.
Rule 6
Staff
In General
(a)(1) Except as provided in paragraph (2), the
professional and other staff of the Committee shall be
appointed, and may be removed by the Chair, and shall work
under the general supervision and direction of the Chair.
(2) All professional and other staff provided to the
minority party members of the Committee shall be
appointed, and may be removed, by the ranking minority
member of the Committee, and shall work under the
general supervision and direction of such member.
(3) It is intended that the skills and experience of
all members of the Committee staff be available to all
members of the Committee.
Subcommittee Staff
(b) From funds made available for the appointment of staff,
the Chair of the Committee shall, pursuant to clause 6(d) of
rule X of the Rules of the House, ensure that sufficient staff
is made available so that each subcommittee can carry out its
responsibilities under the rules of the Committee and that the
minority party is treated fairly in the appointment of such
staff.
Compensation of Staff
(c)(1) Except as provided in paragraph (2), the Chair shall
fix the compensation of all professional and other staff of the
Committee.
(2) The ranking minority member shall fix the
compensation of all professional and other staff
provided to the minority party members of the
Committee.
Rule 7
Budget and Travel
Budget
(a)(1) The Chair, in consultation with other members of the
Committee, shall prepare for each Congress a budget providing
amounts for staff, necessary travel, investigation, and other
expenses of the Committee and its subcommittees.
(2) From the amount provided to the Committee in the
primary expense resolution adopted by the House of
Representatives, the Chair, after consultation with the
ranking minority member, shall designate an amount to
be under the direction of the ranking minority member
for the compensation of the minority staff, travel
expenses of minority members and staff, and minority
office expenses. All expenses of minority members and
staff shall be paid for out of the amount so set aside.
Travel
(b)(1) The Chair may authorize travel for any member and
any staff member of the Committee in connection with activities
or subject matters under the general jurisdiction of the
Committee. Before such authorization is granted, there shall be
submitted to the Chair in writing the following:
(A) The purpose of the travel.
(B) The dates during which the travel is to
occur.
(C) The names of the States or countries to
be visited and the length of time to be spent
in each.
(D) The names of members and staff of the
Committee for whom the authorization is sought.
(2) Members and staff of the Committee shall make a
written report to the Chair on any travel they have
conducted under this subsection, including a
description of their itinerary, expenses, and
activities, and of pertinent information gained as a
result of such travel.
(3) Members and staff of the Committee performing
authorized travel on official business shall be
governed by applicable laws, resolutions, and
regulations of the House and of the Committee on House
Administration.
Rule 8
Committee Administration
Records
(a)(1) There shall be a transcript made of each regular
meeting and hearing of the Committee, and the transcript may be
printed if the Chair decides it is appropriate or if a majority
of the members of the Committee requests such printing. Any
such transcripts shall be a substantially verbatim account of
remarks actually made during the proceedings, subject only to
technical, grammatical, and typographical corrections
authorized by the person making the remarks. Nothing in this
paragraph shall be construed to require that all such
transcripts be subject to correction and publication.
(2) The Committee shall keep a record of all actions
of the Committee and of its subcommittees. The record
shall contain all information required by clause
2(e)(1) of rule XI of the Rules of the House and shall
be available in electronic form and for public
inspection at reasonable times in the offices of the
Committee.
(3) All Committee hearings, records, data, charts,
and files shall be kept separate and distinct from the
congressional office records of the Chair, shall be the
property of the House, and all Members of the House
shall have access thereto as provided in clause 2(e)(2)
of rule XI of the Rules of the House.
(4) The records of the Committee at the National
Archives and Records Administration shall be made
available for public use in accordance with rule VII of
the Rules of the House of Representatives. The Chair
shall notify the ranking minority member of any
decision, pursuant to clause 3(b)(3) or clause 4(b) of
the rule, to withhold a record otherwise available, and
the matter shall be presented to the Committee for a
determination on written request of any member of the
Committee.
Committee Publications on the Internet
(b) The Chair shall maintain an official Committee website
for the purpose of carrying out the official responsibilities
of the Committee, including communicating information about the
Committee's activities. The ranking minority member may
maintain an official website. To the maximum extent feasible,
the Committee shall make its publications available in
electronic form on the official Committee website maintained by
the Chair.
Audio and Video Coverage of Committee Hearings and Meetings
(c)(1) To the maximum extent feasible, the Committee shall
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,
(2) maintain the recordings of such coverage in a
manner that is easily accessible to the public.
APPENDIX 1
Applicable Provisions of Clauses 1, 2, and 4 of Rule XI and Clauses 2
and 3 of Rule XIII of the Rules of the House of Representatives for the
113th Congress
January 3, 2013
RULE XI: PROCEDURES OF COMMITTEES AND UNFINISHED BUSINESS
Clauses 1 and 2: Rules for Standing Committees
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 January 2 of each year, a committee
shall submit to the House a 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 in
each Congress, 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
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 make its rules publicly
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 if notice is given
pursuant to paragraph (g)(3).
Additional and special meetings
(c)(1) The chair of each standing committee may call and
convene, as the chair 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. Such notice shall also be made
publicly available in electronic form and shall be
deemed to satisfy paragraph (g)(3)(A)(ii). Only the
measure or matter specified in that notice may be
considered at that special meeting.
Temporary absence of chair
(d) A member of the majority party on each standing
committee or subcommittee thereof shall be designated by the
chair of the full committee as the vice chair of the committee
or subcommittee, as the case may be, and shall preside during
the absence of the chair from any meeting. If the chair and
vice chair of a committee or subcommittee are not present at
any meeting of the committee or subcommittee, the ranking
majority member who is present shall preside at that meeting.
Committee records
(e)(1)(A) Each committee shall keep a complete record of
all committee action which shall include--
(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
taken.
(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 records (including hearings, data, charts,
and files) shall be kept separate and distinct from the
congressional office records of the member serving as
its chair. Such records shall be the property of the
House, and each Member, Delegate, and the Resident
Commissioner shall have access thereto.
(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.
(6) Not later than 24 hours after the adoption of any
amendment to a measure or matter considered by a
committee, the chair of such committee shall cause the
text of each such amendment to be made publicly
available in electronic form.
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 the
testimony of such witness given at a public session or,
if given at an executive session, when authorized by
the committee.
Supplemental, minority, or additional views
(l) If at the time of approval of a measure or matter by a
committee (other than the Committee on Rules) a member of the
committee gives notice of intention to file supplemental,
minority, or additional views for inclusion in the report to
the House thereon, all members shall be entitled to not less
than two additional calendar days after the day of such notice
(excluding Saturdays, Sundays, and legal holidays except when
the House is in session on such a day) to file such written and
signed views with the clerk of the committee.
Power to sit and act; subpoena power
(m)(1) For the purpose of carrying out any of its functions
and duties under this rule and rule X (including any matters
referred to it under clause 2 of rule XII), a committee or
subcommittee is authorized (subject to subparagraph (3)(A))--
(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.''
Clause 4: Audio and visual coverage of committee proceedings
4. (a) The purpose of this clause is to provide a means, in
conformity with acceptable standards of dignity, propriety, and
decorum, by which committee hearings or committee meetings that
are open to the public may be covered by audio and visual
means--
(1) for the education, enlightenment, and
information of the general public, on the basis
of accurate and impartial news coverage,
regarding the operations, procedures, and
practices of the House as a legislative and
representative body, and regarding the
measures, public issues, and other matters
before the House and its committees, the
consideration thereof, and the action taken
thereon; and
(2) for the development of the perspective
and understanding of the general public with
respect to the role and function of the House
under the Constitution as an institution of the
Federal Government.
(b) In addition, it is the intent of this clause that
radio and television tapes and television film of any
coverage under this clause may not be used, or made
available for use, as partisan political campaign
material to promote or oppose the candidacy of any
person for elective public office.
(c) It is, further, the intent of this clause that
the general conduct of each meeting (whether of a
hearing or otherwise) covered under authority of this
clause by audio or visual means, and the personal
behavior of the committee members and staff, other
Government officials and personnel, witnesses,
television, radio, and press media personnel, and the
general public at the hearing or other meeting, shall
be in strict conformity with and observance of the
acceptable standards of dignity, propriety, courtesy,
and decorum traditionally observed by the House in its
operations, and may not be such as to--
(1) distort the objects and purposes of the
hearing or other meeting or the activities of
committee members in connection with that
hearing or meeting or in connection with the
general work of the committee or of the House;
or
(2) cast discredit or dishonor on the House,
the committee, or a Member, Delegate, or
Resident Commissioner or bring the House, the
committee, or a Member, Delegate, or Resident
Commissioner into disrepute.
(d) The coverage of committee hearings and meetings
by audio and visual means shall be permitted and
conducted only in strict conformity with the purposes,
provisions, and requirements of this clause.
(e) Whenever a hearing or meeting conducted by a
committee or subcommittee is open to the public, those
proceedings shall be open to coverage by audio and
visual means. A committee or subcommittee chair may not
limit the number of television or still cameras to
fewer than two representatives from each medium (except
for legitimate space or safety considerations, in which
case pool coverage shall be authorized).
(f) Each committee shall adopt written rules to
govern its implementation of this clause. Such rules
shall contain provisions to the following effect:
(1) If audio or visual coverage of the
hearing or meeting is to be presented to the
public as live coverage, that coverage shall be
conducted and presented without commercial
sponsorship.
(2) The allocation among the television media
of the positions or the number of television
cameras permitted by a committee or
subcommittee chair in a hearing or meeting room
shall be in accordance with fair and equitable
procedures devised by the Executive Committee
of the Radio and Television Correspondents'
Galleries.
(3) Television cameras shall be placed so as
not to obstruct in any way the space between a
witness giving evidence or testimony and any
member of the committee or the visibility of
that witness and that member to each other.
(4) Television cameras shall operate from
fixed positions but may not be placed in
positions that obstruct unnecessarily the
coverage of the hearing or meeting by the other
media.
(5) Equipment necessary for coverage by the
television and radio media may not be installed
in, or removed from, the hearing or meeting
room while the committee is in session.
(6)(A) Except as provided in subdivision (B),
floodlights, spotlights, strobelights, and flashguns
may not be used in providing any method of coverage of
the hearing or meeting.
(B) The television media may install
additional lighting in a hearing or meeting
room, without cost to the Government, in order
to raise the ambient lighting level in a
hearing or meeting room to the lowest level
necessary to provide adequate television
coverage of a hearing or meeting at the current
state of the art of television coverage.
(7) If requests are made by more of the media than
will be permitted by a committee or subcommittee chair
for coverage of a hearing or meeting by still
photography, that coverage shall be permitted on the
basis of a fair and equitable pool arrangement devised
by the Standing Committee of Press Photographers.
(8) Photographers may not position themselves between
the witness table and the members of the committee at
any time during the course of a hearing or meeting.
(9) Photographers may not place themselves in
positions that obstruct unnecessarily the coverage of
the hearing by the other media.
(10) Personnel providing coverage by the television
and radio media shall be currently accredited to the
Radio and Television Correspondents' Galleries.
(11) Personnel providing coverage by still
photography shall be currently accredited to the Press
Photographers' Gallery.
(12) Personnel providing coverage by the television
and radio media and by still photography shall conduct
themselves and their coverage activities in an orderly
and unobtrusive manner.
RULE XIII: CALENDARS AND COMMITTEE REPORTS
Clause 2: Filing and Printing of Reports
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)
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
(other than those filed as privileged) 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.
Clause 3: 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 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 Budget Act of 1974, except
that an estimate of new budget authority shall
include, when practicable, a comparison of the
total estimated funding level for the relevant
programs to the appropriate levels under
current law.
(3) An estimate and comparison prepared by
the Director of the Congressional Budget Office
under section 402 of the Congressional Budget
Act of 1974 if timely submitted to the
committee before the filing of the report.
(4) A statement of general performance goals
and objectives, including outcome-related goals
and objectives, for which the measure
authorizes funding.
(d) Each report of a committee on a public bill or
public joint resolution shall contain the following:
(1)(A) 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.
(B) Subparagraph (1) does not apply
to the Committee on Appropriations, the
Committee on House Administration, the
Committee on Rules, or the Committee on
Ethics, and does not apply when a cost
estimate and comparison prepared by the
Director of the Congressional Budget
Office under section 402 of the
Congressional Budget Act of 1974 has
been included in the report under
paragraph (c)(3).
(e)(1) Whenever a committee reports a bill or joint
resolution proposing to repeal or amend a statute or
part thereof, it shall include in its report or in an
accompanying document--
(A) the text of a statute or part
thereof that is proposed to be
repealed; and
(B) a comparative print of any part
of the bill or joint resolution
proposing to amend the statute and of
the statute or part thereof proposed to
be amended, showing by appropriate
typographical devices the omissions and
insertions proposed.
(2) If a committee reports a bill or joint
resolution proposing to repeal or amend a
statute or part thereof with a recommendation
that the bill or joint resolution be amended,
the comparative print required by subparagraph
(1) shall reflect the changes in existing law
proposed to be made by the bill or joint
resolution as proposed to be amended.
(f)(1) A report of the Committee on Appropriations on
a general appropriation bill shall include--
(A) a concise statement describing
the effect of any provision of the
accompanying bill that directly or
indirectly changes the application of
existing law; and
(B) a list of all appropriations
contained in the bill for expenditures
not currently authorized by law for the
period concerned (excepting classified
intelligence or national security
programs, projects, or activities),
along with a statement of the last year
for which such expenditures were
authorized, the level of expenditures
authorized for that year, the actual
level of expenditures for that year,
and the level of appropriations in the
bill for such expenditures.
(2) Whenever the Committee on Appropriations
reports a bill or joint resolution including
matter specified in clause 1(b)(2) or (3) of
rule X, it shall include--
(A) in the bill or joint resolution,
separate headings for ``Rescissions''
and ``Transfers of Unexpended
Balances''; and
(B) in the report of the committee, a
separate section listing such
rescissions and transfers.
(g) Whenever the Committee on Rules reports a
resolution proposing to repeal or amend a standing rule
of the House, it shall include in its report or in an
accompanying document--
(1) the text of any rule or part thereof that
is proposed to be repealed; and
(2) a comparative print of any part of the
resolution proposing to amend the rule and of
the rule or part thereof proposed to be
amended, showing by appropriate typographical
devices the omissions and insertions proposed.
(h)(1) It shall not be in order to consider a bill or
joint resolution reported by the Committee on Ways and
Means that proposes to amend the Internal Revenue Code
of 1986 unless--
(A) the report includes a tax
complexity analysis prepared by the
Joint Committee on Internal Revenue
Taxation in accordance with section
4022(b) of the Internal Revenue Service
Restructuring and Reform Act of 1998;
or
(B) the chair of the Committee on
Ways and Means causes such a tax
complexity analysis to be printed in
the Congressional Record before
consideration of the bill or joint
resolution.
(2)(A) It shall not be in order to consider a
bill or joint resolution reported by the
Committee on Ways and Means that proposes to
amend the Internal Revenue Code of 1986
unless--
(i) the report includes a
macroeconomic impact analysis;
(ii) the report includes a
statement from the Joint
Committee on Internal Revenue
Taxation explaining why a
macroeconomic impact analysis
is not calculable; or
(iii) the chair of the
Committee on Ways and Means
causes a macroeconomic impact
analysis to be printed in the
Congressional Record before
consideration of the bill or
joint resolution.
(B) In subdivision (A), the term
``macroeconomic impact analysis''
means--
(i) an estimate prepared by
the Joint Committee on Internal
Revenue Taxation of the changes
in economic output, employment,
capital stock, and tax revenues
expected to result from
enactment of the proposal; and
(ii) a statement from the
Joint Committee on Internal
Revenue Taxation identifying
the critical assumptions and
the source of data underlying
that estimate.
APPENDIX 2
Chair's Policy Regarding Postponed Votes
January 23, 2013
Rule 3(c)(5) of the Rules of the Committee on Financial
Services for the 113th Congress (adopted pursuant to clause
2(h)(4) of rule XI of the Rules of the House of Representatives
for the 113th Congress) authorizes the Chairman to postpone
ordered record votes on the question of approving any measure
or matter or adopting an amendment under certain circumstances.
The Committee rule further provides that the Chairman may
resume proceedings on a postponed vote at any time, but not
later than the next meeting day.
The following policy was first announced by the Chair at
the Committee's organizational meeting on February 5, 2003 and
circulated to the Members of the Committee in a memorandum
dated February 11, 2003. The policy has been continued since
that time and is reprinted here for easy reference.
----------
In General
Members are advised that this policy applies equally to
meetings of the full Committee and subcommittees, and will be
printed in the Committee's rules pamphlet. The Chair has
consulted with the ranking minority member in the formulation
of this policy and will continue to consult with him regarding
its application.
As announced at the Committee's organizational meeting, the
purpose of this rule is to improve the efficiency of the
Committee's meetings, and will not be used to advantage or
disadvantage any member seeking to offer an amendment. In order
to ensure that the Chair can effectively administer the rule
and provide for orderly markups, it is essential that Members
inform the Chair of their intention to offer a particular
amendment as soon as possible. The Chair cannot protect Members
if he does not know of their amendment. Members are further
advised that the Chair intends for this rule to be used
sparingly, in cases where the Committee faces a long markup on
a series of bills or amendments. It does not substitute for the
active attendance and participation of Members in Committee
meetings.
In Particular
1. In the application of the rule, the Chair will consult
regularly with the ranking minority member regarding the
postponement of votes, including the decision on whether to
postpone a particular vote and on when proceedings will resume.
2. A record vote on an amendment will not be postponed if
doing so would prejudice a member with regard to the offering
of another amendment.
3. The Chair will make every reasonable effort to group the
consideration of amendments and the resumption of proceedings
on postponed votes so as to permit the offering of all known
amendments.
4. No more than 6 record votes will be postponed before the
resumption of proceedings on the series, except with the
specific agreement of the ranking minority member.
5. When proceedings resume on postponed record votes, the
first vote in any series (or in the case of a single postponed
vote, that vote), will remain open for 15 minutes, or until all
members of the Committee or subcommittee are recorded.
Subsequent votes in a series will not be held open.
6. The Chair will make every reasonable effort to notify
members regarding the resumption of proceedings on postponed
record votes, both prior to and at the time that proceedings
resume on any postponed record vote, which includes
notification through electronic means.
7. Members are strongly encouraged to attend all committee
meetings. However, if members cannot attend the Committee
meeting, they are advised to monitor the proceedings through
the Committee broadcasts on the House cable system or the
Committee's webcast, and to have staff present at the meeting.
The Chair believes that this policy will result in the fair
application of the rule, the protection of Members' rights to
offer amendments, and an improvement in the efficiency of
Committee meetings.