[House Prints, 113th Congress]
[From the U.S. Government Publishing Office]
Rules of the Committee
on Agriculture
U.S. House of Representatives
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
ADOPTED JANUARY 23, 2013
REVISED FEBRUARY 13, 2013
113th CONGRESS
Rules of the Committee
on Agriculture
U.S. House of Representatives
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
ADOPTED JANUARY 23, 2013
REVISED FEBRUARY 13, 2013
113th CONGRESS
COMMITTEE ON AGRICULTURE
FRANK D. LUCAS, Oklahoma, Chairman
BOB GOODLATTE, Virginia, COLLIN C. PETERSON, Minnesota,
Vice Chairman Ranking Minority Member
STEVE KING, Iowa MIKE McINTYRE, North Carolina
RANDY NEUGEBAUER, Texas DAVID SCOTT, Georgia
MIKE ROGERS, Alabama JIM COSTA, California
K. MICHAEL CONAWAY, Texas TIMOTHY J. WALZ, Minnesota
GLENN THOMPSON, Pennsylvania KURT SCHRADER, Oregon
BOB GIBBS, Ohio MARCIA L. FUDGE, Ohio
AUSTIN SCOTT, Georgia JAMES P. McGOVERN, Massachusetts
SCOTT R. TIPTON, Colorado SUZAN K. DelBENE, Washington
ERIC A. ``RICK'' CRAWFORD, GLORIA NEGRETE McLEOD, California
Arkansas FILEMON VELA, Texas
MARTHA ROBY, Alabama MICHELLE LUJAN GRISHAM, New Mexico
SCOTT DesJARLAIS, Tennessee ANN M. KUSTER, New Hampshire
CHRISTOPHER P. GIBSON, New York RICHARD M. NOLAN, Minnesota
VICKY HARTZLER, Missouri PETE P. GALLEGO, Texas
REID J. RIBBLE, Wisconsin WILLIAM L. ENYART, Illinois
KRISTI L. NOEM, South Dakota JUAN VARGAS, California
DAN BENISHEK, Michigan CHERI BUSTOS, Illinois
JEFF DENHAM, California SEAN PATRICK MALONEY, New York
STPEHEN LEE FINCHER, Tennessee JOE COURTNEY, Connecticut
DOUG LaMALFA, California JOHN GARAMENDI, California
RICHARD HUDSON, North Carolina
RODNEY DAVIS, Illinois
CHRIS COLLINS, New York
TED S. YOHO, Florida
------
Nicole Scott, Staff Director
Josh Mathis, Deputy Staff Director
Kevin J. Kramp, Chief Counsel
Debbie Smith, Chief Clerk
Tamara Hinton, Communications Director
Robert L. Larew, Minority Staff Director
TABLE OF CONTENTS
Page
General Provisions................................1........... I.
(a) Applicability of House Rules.................1
(b) Authority to Conduct Investigations..........1
(c) Authority to Print...........................1
(d) Vice Chairman................................2
(e) Presiding Member.............................2
(f) Publication of Rules.........................2
(g) Joint Committee Reports of Investigation or
Study..........................................2
Committee Business Meetings.......................2........... II.
(a) Regular Meetings.............................2
(b) Additional Meetings..........................3
(c) Special Meetings.............................3
Open Meetings and Hearings; Broadcasting..........4........... III.
(a) Open Meetings and Hearings...................4
(b) Broadcasting and Photography.................4
(c) Closed Meetings--Attendees...................4
(d) Addressing the Committee.....................5
(e) Meetings to Begin Promptly...................5
(f) Prohibition on Proxy Voting..................5
(g) Location of Persons at Meetings..............5
(h) Consideration of Amendments and Motions......5
(i) Demanding Record Vote........................5
(j) Submission of Motions or Amendments In Advance
of Business Meeting............................6
(k) Points of Order..............................6
(l) Limitation on Committee Sittings.............6
(m) Prohibition of Wireless Telephones...........6
Quorums...........................................6........... IV.
(a) Working Quorum...............................6
(b) Majority Quorum..............................7
(c) Quorum for Taking Testimony..................7
Records...........................................7........... V.
(a) Maintenance of Records.......................7
(b) Access to and Correction of Records..........8
(c) Property of the House........................8
(d) Availability of Archived Records.............9
(e) Special Rules for Certain Records and
Proceedings....................................9
(f) Electronic Availability of Committee
Publications...................................9
Power to Sit and Act; Subpoena Power..............9........... VI.
(a) Authority to Sit and Act.....................9
(b) Issuance of Subpoenas........................9
(c) Expenses of Subpoenaed Witness..............10
Hearing Procedures...............................10........... VII.
(a) Power to Hear...............................10
(b) Announcement................................11
(c) Scheduling of Witnesses.....................11
(d) Written Statement; Oral Testimony...........11
(e) Questioning of Witnesses....................12
(f) Extended Questioning for Designated Members.12
(g) Witnesses for the Minority..................13
(h) Summary of Subject Matter...................13
(i) Open Hearings...............................13
(j) Hearings and Reports........................13
The Reporting of Bills and Resolutions...........15........... VIII.
(a) Filing of Reports...........................15
(b) Content of Reports..........................15
(c) Supplemental, Minority, or Additional Views.17
(d) Printing of Reports.........................18
(e) Immediate Printing; Supplemental Reports....18
(f) Availability of Printed Hearing Records.....18
(g) Committee Prints............................19
(h) Post Adjournment Filing of Committee Reports19
(i) Conference..................................19
Other Committee Activities.......................19........... IX.
(a) Oversight Plan..............................19
(b) Annual Appropriations.......................20
(c) Budget Act Compliance: Views and Estimates..21
(d) Budget Act Compliance: Recommended Changes..21
(e) Conference Committees.......................21
(f) Hearing on Waste, Fraud, and Abuse..........22
(g) Hearing on Agency Financial Statements......22
(h) Hearing on GAO High-Risk-List...............22
(i) Activities Report...........................22
Subcommittees....................................23........... X.
(a) Number and Composition......................23
(b) Ratios......................................23
(c) Jurisdiction................................23
(d) Referral of Legislation.....................24
(e) Participation and Service of Committee Members
on Subcommittees..............................25
(f) Subcommittee Hearings and Meetings..........26
(g) Subcommittee Action.........................27
(h) Subcommittee Investigations.................27
Committee Budget, Staff, and Travel..............27........... XI.
(a) Committee Budget............................27
(b) Committee Staff.............................27
(c) Committee Travel............................28
Amendment of Rules...............................30........... XII.
APPENDIXES
Appendix A--Excerpts of House Rules Pertaining to
Committee Functions..............................31
Appendix B--Excerpts of Relevant Provisions of
Congressional Budget Act of 1974.................69
RULES OF THE COMMITTEE ON AGRICULTURE
U.S. House of Representatives
113th Congress
I. GENERAL PROVISIONS
(a) Applicability of House Rules.--(1) The Rules of the House shall
govern the procedure of the Committee and its subcommittees, and the
Rules of the Committee on Agriculture so far as applicable shall be
interpreted in accordance with the Rules of the House, except that a
motion to recess from day to day, and a motion to dispense with the first
reading (in full) of a bill or resolution, if printed copies are
available, are non-debatable privileged motions in the Committee and its
subcommittees. (See Appendix A for the applicable Rules of the House of
Representatives.)
(2) As provided in clause 1(a)(2) of House Rule XI, each Subcommittee
is part of the Committee and is subject to the authority and direction of
the Committee and its Rules so far as applicable. (See also Committee
Rules III, IV, V, VI, VII and X, infra.)
(b) Authority to Conduct Investigations.--The Committee and its
subcommittees, after consultation with the Chairman of the Committee, may
conduct such investigations and studies as they may consider necessary or
appropriate in the exercise of their responsibilities under Rule X of the
Rules of the House and in accordance with clause 2(m) of House Rule XI.
(c) Authority to Print.--The Committee is authorized by the Rules of
the House to have printed and bound testimony and other data presented at
hearings held by the Committee and its subcommittees. All costs of
stenographic services and transcripts in connection with any meeting or
hearing of the Committee and its subcommittees shall be paid from
applicable accounts of the House described in clause 1(i)(1) of House
Rule X in accordance with clause 1(c) of House Rule XI. (See also
paragraphs (d), (e) and (f) of Committee Rule VIII.)
(d) Vice Chairman.--The Member of the majority party on the Committee
or Subcommittee designated by the Chairman of the full Committee shall be
the Vice Chairman of the Committee or Subcommittee in accordance with
clause 2(d) of House Rule XI.
(e) Presiding Member.--If the Chairman of the Committee or Subcommittee
is not present at any Committee or Subcommittee meeting or hearing, the
Vice Chairman shall preside. If the Chairman and Vice Chairman of the
Committee or Subcommittee are not present at a Committee or Subcommittee
meeting or hearing the Ranking Member of the majority party who is
present shall preside in accordance with clause 2(d), House Rule XI.
(f) Publication of Rules.--The Committee's Rules shall be publicly
available in electronic form and published in the Congressional Record
not later than 30 days after the Chair is elected in each odd-numbered
year as provided in clause 2(a) of House Rule XI.
(g) Joint Committee Reports of Investigation or Study.--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.
II. COMMITTEE BUSINESS MEETINGS--REGULAR, ADDITIONAL AND SPECIAL
(a) Regular Meetings.--(1) Regular meetings of the Committee, in
accordance with clause 2(b) of House Rule XI, shall be held on the first
Wednesday of every month to transact its business if notice is given
pursuant to clause 2(g)(3) of House Rule XI. The Chairman shall provide
each Member of the Committee, as far in advance of the day of the regular
meeting as practicable, a written agenda of such meeting. Items may be
placed on the agenda by the Chairman or a majority of the Committee. This
paragraph shall not apply to meetings of any Subcommittee. (See paragraph
(f) of Committee Rule X for provisions that apply to meetings of
subcommittees.)
(b) Additional Meetings.--(1) The Chairman may call and convene, as he
or she considers necessary, which may not commence earlier than the third
day on which Members have notice thereof after consultation with the
Ranking Minority Member of the Committee or after concurrence with the
Ranking Minority Member, additional meetings of the Committee for the
consideration of any bill or resolution pending before the Committee or
for the conduct of other Committee business. The Committee shall meet for
such additional meetings pursuant to the notice from the Chairman.
(2) A hearing or meeting may begin sooner than specified in clause (1)
(in which case the Chair shall make the announcement specified at the
earliest possible time) if the Committee so determines by majority vote
in the presence of the number of Members required under the Rules of the
Committee for the transaction of business.
(3) At least 24 hours prior to the commencement of a meeting for the
markup of a measure or matter the Chair shall cause the text of such
measure or matter to be made publicly available in electronic form.
(c) Special Meetings.--If at least three Members of the Committee
desire that a special meeting of the Committee be called by the Chairman,
those Members may file in the offices of the Committee their written
request to the Chairman for such special meeting. Such request shall
specify the measure or matters to be considered. Immediately upon the
filing of the request, the majority staff director (serving as the clerk
of the Committee for such purpose) shall notify the Chairman of the
filing of the request. If, within 3 calendar days after the filing of the
request, the Chairman does not call the requested special meeting to be
held within 7 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, specifying the date and hour thereof, and the measures or matter to
be considered at that special meeting in accordance with clause 2(c)(2)
of House Rule XI. The Committee shall meet on that date and hour.
Immediately upon the filing of the notice, the majority staff director
(serving as the clerk) of the Committee shall notify all Members of the
Committee that such meeting will be held and inform them of its date and
hour and the measure or matter to be considered, and only the measure or
matter specified in that notice may be considered at that special
meeting.
III. OPEN MEETINGS AND HEARINGS; BROADCASTING
(a) Open Meetings and Hearings.--Each meeting for the transaction of
business, including the markup of legislation, and each hearing by the
Committee or a Subcommittee shall be open to the public unless closed in
accordance with clause 2(g) of House Rule XI. (See Appendix A.)
(b) Broadcasting and Photography.--Whenever a Committee or Subcommittee
meeting for the transaction of business, including the markup of
legislation, or a hearing is open to the public, that meeting or hearing
shall:
(1) To the maximum extent practicable 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 shall maintain the recordings of such coverage
in a manner that is easily accessible to the public.
(2) Be open to coverage by television, radio, and still photography
in accordance with clause 4 of House Rule XI (See Appendix A). When
such radio coverage is conducted in the Committee or Subcommittee,
written notice to that effect shall be placed on the desk of each
Member. The Chairman of the Committee or Subcommittee, shall not limit
the number of television or still cameras permitted in a hearing or
meeting room to fewer than two representatives from each medium (except
for legitimate space or safety considerations, in which case pool
coverage shall be authorized).
(c) Closed Meetings--Attendees.--No person other than Members of the
Committee or Subcommittee and such congressional staff and departmental
representatives as the Committee or Subcommittee may authorize shall be
present at any business or markup session that has been closed to the
public as provided in clause 2(g)(1) of House Rule XI.
(d) Addressing the Committee.--A Committee Member may address the
Committee or a Subcommittee on any bill, motion, or other matter under
consideration. (See Committee Rule VII(e) relating to questioning a
witness at a hearing.) The time a Member may address the Committee or
Subcommittee for any such purpose shall be limited to 5 minutes, except
that this time limit may be waived by unanimous consent. A Member shall
also be limited in his or her remarks to the subject matter under
consideration, unless the Member receives unanimous consent to extend his
or her remarks beyond such subject.
(e) Meetings to Begin Promptly.--Subject to the presence of a quorum,
each meeting or hearing of the Committee and its subcommittees shall
begin promptly at the time so stipulated in the public announcement of
the meeting or hearing.
(f) Prohibition on Proxy Voting.--No vote by any Member of the
Committee or Subcommittee with respect to any measure or matter may be
cast by proxy.
(g) Location of Persons at Meetings.--No person other than the
Committee or Subcommittee Members and Committee or Subcommittee staff may
be seated in the rostrum area during a meeting of the Committee or
Subcommittee unless by unanimous consent of the Committee or
Subcommittee.
(h) Consideration of Amendments and Motions.--A Member, upon request,
shall be recognized by the Chairman to address the Committee or
Subcommittee at a meeting for a period limited to 5 minutes on behalf of
an amendment or motion offered by the Member or another Member, or upon
any other matter under consideration, unless the Member receives
unanimous consent to extend the time limit. Every amendment or motion
made in Committee or Subcommittee shall, upon the demand of any Member
present, be reduced to writing, and a copy thereof shall be made
available to all Members present. Such amendment or motion shall not be
pending before the Committee or Subcommittee or voted on until the
requirements of this paragraph have been met.
(i) Demanding Record Vote.--
(1) A record vote of the Committee or Subcommittee on a question or
action shall be ordered on a demand by \1/5\ of the Members present.
(2) The Chairman of the Committee or Subcommittee may postpone
further proceedings when a record vote is ordered on the question of
approving a measure or matter or adopting an amendment. If the Chairman
postpones further proceedings:
(A) the Chairman may resume such postponed proceedings, after
giving Members adequate notice, at a time chosen in consultation
with the Ranking Minority Member; and
(B) notwithstanding any intervening order for the previous
question,
the underlying proposition on which proceedings were postponed shall
remain subject to further debate or amendment to the same extent
as when the question was postponed.
(j) Submission of Motions or Amendments In Advance of Business
Meetings.--The Committee and Subcommittee Chairman may request and
Committee and Subcommittee Members should, insofar as practicable,
cooperate in providing copies of proposed amendments or motions to the
Chairman and the Ranking Minority Member of the Committee or the
Subcommittee 24 hours before a Committee or Subcommittee business
meeting.
(k) Points of Order.--No point of order against the hearing or meeting
procedures of the Committee or Subcommittee shall be entertained unless
it is made in a timely fashion.
(l) Limitation on Committee Sittings.--The Committee or subcommittees
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.
(m) Prohibition of Wireless Telephones.--Use of wireless telephones
during a Committee or Subcommittee hearing or meeting is prohibited.
IV. QUORUMS
(a) Working Quorum.--One-third of the Members of the Committee or a
Subcommittee shall constitute a quorum for taking any action, other than
as noted in paragraphs (b) and (c).
(b) Majority Quorum.--A majority of the Members of the Committee or
Subcommittee shall constitute a quorum for:
(1) the reporting of a bill, resolution or other measure. (See clause
2(h)(1) of House Rule XI, and Committee Rule VIII);
(2) the closing of a meeting or hearing to the public pursuant to
clauses 2(g), 2(k)(5) and 2(k)(7) of Rule XI of the Rules of the House;
and
(3) the authorizing of a subpoena as provided in clause 2(m)(3), of
House Rule XI. (See also Committee Rule VI.)
(4) as where required by a Rule of the House of Representatives.
(c) Quorum for Taking Testimony.--Two Members of the Committee or
Subcommittee shall constitute a quorum for the purpose of taking
testimony and receiving evidence.
V. RECORDS
(a) Maintenance of Records.--The Committee shall keep a complete record
of all Committee and Subcommittee action which shall include:
(1) in the case of any meeting or hearing transcripts, 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
(2) written minutes shall include a record of all Committee and
Subcommittee action and a record of all votes on any question and a
tally on all record votes.
The result of each such record vote shall be made available by the
Committee for inspection by the public at reasonable times in the offices
of the Committee and by telephone request and also made publicly
available in electronic form within 48 hours of such record vote. Not
later than 24 hours after adoption of an amendment to a measure or
matter, the chair of the Committee shall cause the text of such amendment
adopted thereto to be made publicly available in electronic form.
Information so available for public inspection shall include a
description of the amendment, motion, order or other proposition and the
name of each Member voting for and each Member voting against such
amendment, motion, order, or proposition, and the names of those Members
present but not voting.
(b) Access to and Correction of Records.--Any public witness, or person
authorized by such witness, during Committee office hours in the
Committee offices and within 10 calendar days of the close of hearings,
may obtain a transcript copy of that public witness's testimony and make
such technical, grammatical and typographical corrections as authorized
by the person making the remarks involved as will not alter the nature of
testimony given. There shall be prompt return of such corrected copy of
the transcript to the Committee. Members of the Committee or Subcommittee
shall receive copies of transcripts for their prompt review and
correction and prompt return to the Committee. The Committee or
Subcommittee may order the printing of a hearing record without the
corrections of any Member or witness if it determines that such Member or
witness has been afforded a reasonable time in which to make such
corrections and further delay would seriously impede the consideration of
the legislative action that is subject of the hearing. The record of a
hearing shall be closed 10 calendar days after the last oral testimony,
unless the Committee or Subcommittee determines otherwise. Any person
requesting to file a statement for the record of a hearing must so
request before the hearing concludes and must file the statement before
the record is closed unless the Committee or Subcommittee determines
otherwise. The Committee or Subcommittee may reject any statement in
light of its length or its tendency to defame, degrade, or incriminate
any person.
(c) Property of the House.--All Committee and Subcommittee records
(including hearings, data, charts, and files) shall be kept separate and
distinct from the congressional office records of the Members serving as
Chairman and such records shall be the property of the House and all
Members of the House shall have access thereto. The majority staff
director shall promptly notify the Chairman and the Ranking Minority
Member of any request for access to such records.
(d) Availability of Archived Records.--The records of the Committee at
the National Archives and Records Administration shall be made available
for public use in accordance with House Rule VII. The Chairman shall
notify the Ranking Minority Member of the Committee of the need for a
Committee order pursuant to clause 3(b)(3) or clause 4(b) of such House
Rule, to withhold a record otherwise available.
(e) Special Rules for Certain Records and Proceedings.--A stenographic
record of a business meeting of the Committee or Subcommittee shall be
kept and thereafter may be published if the Chairman of the Committee,
after consultation with the Ranking Minority Member, determines there is
need for such a record. The proceedings of the Committee or Subcommittee
in a closed meeting, evidence or testimony in such meeting, shall not be
divulged unless otherwise determined by a majority of the Committee or
Subcommittee.
(f) Electronic Availability of Committee Publications.--To the maximum
extent feasible, the Committee shall make its publications available in
electronic form.
VI. POWER TO SIT AND ACT; SUBPOENA POWER.
(a) Authority to Sit and Act.--For the purpose of carrying out any of
its function and duties under House Rules X and XI, the Committee and
each of its subcommittees is authorized (subject to paragraph (b)(1) of
this rule)--
(1) 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; and
(2) 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 deems necessary.
The Chairman of the Committee or Subcommittee, or any Member designated
by the Chairman, may administer oaths to any witness.
(b) Issuance of Subpoenas.--(1) A subpoena may be authorized and issued
by the Committee or Subcommittee under paragraph (a)(2) 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,
as provided in clause 2(m)(3)(A) of House Rule XI. Such authorized
subpoenas shall be signed by the Chairman of the Committee or by any
Member designated by the Committee. As soon as practicable after a
subpoena is issued under this rule, the Chairman shall notify all Members
of the Committee of such action.
(2) Notice of a meeting to consider a motion to authorize and issue a
subpoena should be given to all Members of the Committee by 5 p.m. of the
day preceding such meeting.
(3) Compliance with any subpoena issued by the Committee or
Subcommittee under paragraph (a)(2) may be enforced only as authorized or
directed by the House.
(4) A subpoena duces tecum may specify terms of return other than at
meeting or hearing of the Committee or Subcommittee authorizing the
subpoena.
(c) Expenses of Subpoenaed Witnesses.--Each witness who has been
subpoenaed, upon the completion of his or her testimony before the
Committee or any Subcommittee, may report to the offices of the
Committee, and there sign appropriate vouchers for travel allowances and
attendance fees to which he or she is entitled. If hearings are held in
cities other than Washington, D.C., the subpoenaed witness may contact
the majority staff director of the Committee, or his or her
representative, before leaving the hearing room.
VII. HEARING PROCEDURES.
(a) Power to Hear.--For the purpose of carrying out any of its
functions and duties under House Rule X and XI, the Committee and its
subcommittees are authorized to sit and hold hearings at any time or
place within the United States whether the House is in session, has
recessed, or has adjourned. (See paragraph (a) of Committee Rule VI and
paragraph (f) of Committee Rule X for provisions relating to Subcommittee
hearings and meetings.)
(b) Announcement.--The Chairman of the Committee shall after
consultation with the Ranking Minority Member of the Committee, make a
public announcement of the date, place and subject matter of any
Committee hearing at least 1 week before the commencement of the hearing.
The Chairman of a Subcommittee shall schedule a hearing only after
consultation with the Chairman of the Committee and after consultation
with the Ranking Minority Member of the Subcommittee, and the Chairmen of
the other subcommittees after such consultation with the Committee
Chairman, and shall request the majority staff director to make a public
announcement of the date, place, and subject matter of such hearing at
least 1 week before the hearing. If the Chairman of the Committee or the
Subcommittee, with concurrence of the Ranking Minority Member of the
Committee or Subcommittee, determines there is good cause to begin the
hearing sooner, or if the Committee or Subcommittee so determines by
majority vote, a quorum being present for the transaction of business,
the Chairman of the Committee or Subcommittee, as appropriate, shall
request the majority staff director to make such public announcement at
the earliest possible date. The clerk of the Committee shall promptly
notify the Daily Digest clerk of the Congressional Record, and shall
promptly enter the appropriate information into the Committee scheduling
service of the House Information Systems as soon as possible after such
public announcement is made.
(c) Scheduling of Witnesses.--Except as otherwise provided in this
rule, the scheduling of witnesses and determination of the time allowed
for the presentation of testimony at hearings shall be at the discretion
of the Chairman of the Committee or Subcommittee, unless a majority of
the Committee or Subcommittee determines otherwise.
(d) Written Statement; Oral Testimony.--(1) Each witness who is to
appear before the Committee or a Subcommittee, shall insofar as
practicable file with the majority staff director of the Committee, at
least 2 working days before [the] day of his or her appearance, a written
statement of proposed testimony. Witnesses shall provide sufficient
copies of their statement for distribution to Committee or Subcommittee
Members, staff, and the news media. Insofar as practicable, the Committee
or Subcommittee staff shall distribute such written statements to all
Members of the Committee or Subcommittee as soon as they are received as
well as any official reports from departments and agencies on such
subject matter. All witnesses may be limited in their oral presentations
to brief summaries of their statements within the time allotted to them,
at the discretion of the Chairman of the Committee or Subcommittee, in
light of the nature of the testimony and the length of time available.
(2) As noted in paragraph (a) of Committee Rule VI, the Chairman of the
Committee or one of its subcommittees, or any Member designated by the
Chairman, may administer an oath to any witness.
(3) To the greatest extent practicable, each witness appearing in a
non-governmental capacity shall include with the written statement of
proposed testimony a curriculum vitae and 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. Such statements, with
appropriate redactions to protect the privacy of witnesses, shall be made
publicly available in electronic form not later than 1 day after the
witness appears.
(e) Questioning of Witnesses.--Committee or Subcommittee Members may
question witnesses only when they have been recognized by the Chairman of
the Committee or Subcommittee for that purpose. Each Member so recognized
shall be limited to questioning a witness for 5 minutes until such time
as each Member of the Committee or Subcommittee who so desires has had an
opportunity to question the witness for 5 minutes; and thereafter the
Chairman of the Committee or Subcommittee may limit the time of a further
round of questioning after giving due consideration to the importance of
the subject matter and the length of time available. All questions put to
witnesses shall be germane to the measure or matter under consideration.
Unless a majority of the Committee or Subcommittee determines otherwise,
no Committee or Subcommittee staff shall interrogate witnesses.
(f) Extended Questioning for Designated Members.--Notwithstanding
paragraph (e), the Chairman and Ranking Minority Member may designate an
equal number of Members from each party to question a witness for a
period not longer than 60 minutes.
(g) Witnesses for the Minority.--When any hearing is conducted by the
Committee or any Subcommittee upon any measure or matter, the minority
party Members on the Committee or Subcommittee 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 1 day of hearing thereon as provided in clause 2(j)(1) of House
Rule XI.
(h) Summary of Subject Matter.--Upon announcement of a hearing, to the
extent practicable, the Committee shall make available immediately to all
Members of the Committee a concise summary of the subject matter
(including legislative reports and other material) under consideration.
In addition, upon announcement of a hearing and subsequently as they are
received, the Chairman of the Committee or Subcommittee shall, to the
extent practicable, make available to the Members of the Committee any
official reports from departments and agencies on such matter. (See
Committee Rule X(f).)
(i) Open Hearings.--Each hearing conducted by the Committee or
Subcommittee shall be open to the public, including radio, television and
still photography coverage, except as provided in clause 4 of House Rule
XI (see also Committee Rule III(b).). In any event, no Member of the
House may be excluded from nonparticipatory attendance at any hearing
unless the House by majority vote shall authorize the Committee or
Subcommittee, for purposes of a particular series of hearings on a
particular bill or resolution or on a particular subject of
investigation, to close its hearings to Members by means of the above
procedure.
(j) Hearings and Reports.--(1)(i) The Chairman of the Committee or
Subcommittee at a hearing shall announce in an opening statement the
subject of the investigation. A copy of the Committee Rules (and the
applicable provisions of clause 2 of House Rule XI, regarding hearing
procedures, an excerpt of which appears in Appendix A thereto) shall be
made available to each witness upon request. Witnesses at hearings may be
accompanied by their own counsel for the purpose of advising them
concerning their constitutional rights. The Chairman of the Committee or
Subcommittee may punish breaches of order and decorum, and of
professional ethics on the part of counsel, by censure and exclusion from
the hearings; but only the full Committee may cite the offender to the
House for contempt.
(ii) 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, such testimony or evidence shall be
presented in executive session, notwithstanding the provisions of
paragraph (i) of this rule, if by a majority of those present, there
being in attendance the requisite number required under the Rules of the
Committee to be present for the purpose of taking testimony, the
Committee or Subcommittee determines that such evidence or testimony may
tend to defame, degrade, or incriminate any person. The Committee or
Subcommittee shall afford a person an opportunity voluntarily to appear
as a witness; and the Committee or Subcommittee shall receive and shall
dispose of requests from such person to subpoena additional witnesses.
(iii) No evidence or testimony taken in executive session may be
released or used in public sessions without the consent of the Committee
or Subcommittee. In the discretion of the Committee or Subcommittee,
witnesses may submit brief and pertinent statements in writing for
inclusion in the record. The Committee or Subcommittee is the sole judge
of the pertinency of testimony and evidence adduced at its hearings. A
witness may obtain a transcript copy of his or her testimony given at a
public session or, if given at an executive session, when authorized by
the Committee or Subcommittee. (See paragraph (c) of Committee Rule V.)
(2) 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) in advance of their
consideration.
VIII. THE REPORTING OF BILLS AND RESOLUTIONS
(a) Filing of Reports.--The Chairman shall report or cause to be
reported promptly to the House any bill, resolution, or other measure
approved by the Committee and shall take or cause to be taken all
necessary steps to bring such bill, resolution, or other measure to a
vote. No bill, resolution, or measure shall be reported from the
Committee unless a majority of the Committee is actually present. A
Committee report on any bill, resolution, or other measure approved by
the Committee shall be filed within 7 calendar days (not counting days on
which the House is not in session) after the day on which there has been
filed with the majority staff director of the Committee a written
request, signed by a majority of the Committee, for the reporting of that
bill or resolution. The majority staff director of the Committee shall
notify the Chairman immediately when such a request is filed.
(b) Content of Reports.--Each Committee report on any bill or
resolution approved by the Committee shall include as separately
identified sections:
(1) a statement of the intent or purpose of the bill or resolution;
(2) a statement describing the need for such bill or resolution;
(3) a statement of Committee and Subcommittee consideration of the
measure including a summary of amendments and motions offered and the
actions taken thereon;
(4) the results of the each record vote on any amendment in the
Committee and Subcommittee and on the motion to report the measure or
matter, including the names of those Members and the total voting for
and the names of those Members and the total voting against such
amendment or motion (See clause 3(b) of House Rule XIII);
(5) the oversight findings and recommendations of the Committee with
respect to the subject matter of the bill or resolution as required
pursuant to clause 3(c)(1) of House Rule XIII and clause 2(b)(1) of
House Rule X;
(6) the detailed statement described in House Rule XIII clasue
3(c)(2) section 308(a) of the Congressional Budget Act of 1974 if the
bill or resolution provides new budget authority (other than continuing
appropriations), new spending authority described in section 401(c)(2)
of such Act, new credit authority, or an increase or decrease in
revenues or tax expenditures, except that the estimates with respect to
new budget authority shall include, when practicable, a comparison of
the total estimated funding level for the relevant program (or
programs) to the appropriate levels under current law;
(7) the estimate of costs and comparison of such estimates, if any,
prepared by the Director of the Congressional Budget Office in
connection with such bill or resolution pursuant to section 402 of the
Congressional Budget Act of 1974 if submitted in timely fashion to the
Committee;
(8) a statement of general performance goals and objectives,
including outcome-related goals and objectives, for which the measure
authorizes funding;
(9) an estimate by the Committee of the costs that would be incurred
in carrying out such bill or joint resolution in the fiscal year in
which it is reported and for its authorized duration or for each of the
5 fiscal years following the fiscal year of reporting, whichever period
is less (see Rule XIII, clause 3(d)(2), (3) and (h)(2), (3)), together
with--
(i) a comparison of these estimates with those made and submitted
to the Committee by any Government agency when practicable; and
(ii) a comparison of the total estimated funding level for the
relevant program (or programs) with appropriate levels under current
law (The provisions of this clause do not apply if a cost estimate
and comparison prepared by the Director of the Congressional Budget
Office under section 403 of the Congressional Budget Act of 1974 has
been timely submitted prior to the filing of the report and included
in the report);
(10) 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;
(11) the changes in existing law (if any) shown in accordance with
clause 3 of House Rule XIII;
(12) the determination required pursuant to section 5(b) of Public
Law 92-463, if the legislation reported establishes or authorizes the
establishment of an advisory Committee;
(13) the information on Federal and intergovernmental mandates
required by section 423(c) and (d) of the Congressional Budget Act of
1974, as added by the Unfunded Mandates Reform Act of 1995 (P.L. 104-
4);
(14) a statement regarding the applicability of section 102(b)(3) of
the Congressional Accountability Act, Public Law 104-1;
(15) a statement indicating whether any provision of the measure
establishes or reauthorizes a program of the Federal Government known
to be duplicative of another Federal program. The Statement shall at a
minimum explain whether--
(A) any such program was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of Public
Law 111-139; or
(B) the most recent catalog of Federal Domestic Assistance,
published pursuant to the Federal Program Information Act (Public Law
95-220, as amended by Public Law 98-169), identified other programs
related to the program established or reauthorized by the measure;
and
(16) a statement estimating the number of directed rule makings
required by the measure.
(c) Supplemental, Minority, or Additional Views.--If, at the time of
approval of any measure or matter by the Committee, any Member of the
Committee gives notice of intention to file supplemental, minority, or
additional views, all Members shall be entitled to not less than 2
subsequent calendar days (excluding Saturdays, Sundays, and legal
holidays except when the House is in session on such date) in which to
file such writing and signed views, with the majority staff director of
the Committee. When time guaranteed by this paragraph has expired (or if
sooner, when all separate views have been received), the Committee may
arrange to file its report with the Clerk of the House not later than 1
hour after the expiration of such time. All such views (in accordance
with House Rule XI, clause 2(1) and House Rule XIII, clause 3(a)(1)), as
filed by one or more Members of the Committee, shall be included within
and made a part of the report filed by the Committee with respect to that
bill or resolution.
(d) Printing of Reports.--The report of the Committee on the measure or
matter noted in paragraph (a) above shall be printed in a single volume,
which shall:
(1) include all supplemental, minority or additional views that have
been submitted by the time of the filing of the report; and
(2) bear on its cover a recital that any such supplemental, minority,
or additional views (and any material submitted under House Rule XII,
clause 3(a)(1)) are included as part of the report.
(e) Immediate Printing; Supplemental Reports.--Nothing in this rule
shall preclude--
(1) the immediate filing or printing of a Committee report unless
timely request for the opportunity to file supplemental, minority, or
additional views has been made as provided by paragraph (c); or
(2) the filing by the Committee of any supplemental report on any
bill or resolution that may be required for the correction of any
technical error in a previous report made by the Committee on that bill
or resolution.
(f) Availability of Printed Hearing Records.--If hearings have been
held on any reported bill or resolution, the Committee shall make every
reasonable effort to have the record of such hearings printed and
available for distribution to the Members of the House prior to the
consideration of such bill or resolution by the House. Each printed
hearing of the Committee or any of its subcommittees shall include a
record of the attendance of the Members.
(g) Committee Prints.--All Committee or Subcommittee prints or other
Committee or Subcommittee documents, other than reports or prints of
bills, that are prepared for public distribution shall be approved by the
Chairman of the Committee or the Subcommittee prior to public
distribution.
(h) Post Adjournment Filing of Committee Reports.--(1) After an
adjournment of the last regular session of a Congress sine die, an
investigative or oversight report approved by the Committee may be filed
with the Clerk at any time, provided that if a Member gives notice at the
time of approval of intention to file supplemental, minority, or
additional views, that Member shall be entitled to not less than 7
calendar days in which to submit such views for inclusion with the
report.
(2) After an adjournment of the last regular session of a Congress sine
die, the Chairman of the Committee may file at any time with the Clerk of
the House the Committee's activity report for that Congress pursuant to
clause 1(d)(1) of Rule XI of the Rules of the House of Representatives
without the approval of the Committee, provided that a copy of the report
has been available to each Member of the Committee for at least 7
calendar days and the report includes any supplemental, minority, or
additional views submitted by a Member of the Committee.
(i) Conference.--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.
IX. OTHER COMMITTEE ACTIVITIES
(a) Oversight Plan.--Not later than February 15 of the first session of
a Congress, the Chairman shall convene the Committee in a meeting that is
open to the public and with a quorum present to adopt its oversight plans
for that Congress. Such plans shall be submitted simultaneously to the
Committee on Oversight and Government Reform and to the Committee on
House Administration. In developing such plans the Committee shall, to
the maximum extent feasible--
(1) consult with other committees of the House that have jurisdiction
over the same or related laws, programs, or agencies within its
jurisdiction, with the objective of ensuring that such laws, programs,
or agencies are reviewed in the same Congress and that there is a
maximum of coordination between such committees in the conduct of such
reviews; and such plans shall include an explanation of what steps have
been and will be taken to ensure such coordination and cooperation;
(2) 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;
(3) give priority consideration to including in its plans the review
of those laws, programs, or agencies operating under permanent budget
authority or permanent statutory authority;
(4) have a view toward ensuring that all significant laws, programs,
or agencies within its jurisdiction are subject to review at least once
every 10 years; and
(5) 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.
The Committee and its appropriate subcommittees shall review and study,
on a continuing basis, the impact or probable impact of tax policies
affecting subjects within its jurisdiction as provided in clause 2(d) of
House Rule X. The Committee shall include in the report filed pursuant to
clause 1(d) of House Rule XI a summary of the oversight plans submitted
by the Committee under clause 2(d) of House Rule X, a summary of actions
taken and recommendations made with respect to each such plan, and a
summary of any additional oversight activities undertaken by the
Committee and any recommendations made or actions taken thereon.
(b) Annual Appropriations.--The Committee shall, in its consideration
of all bills and joint resolutions of a public character within its
jurisdiction, ensure that appropriations for continuing programs and
activities of the Federal Government and the District of Columbia
Government will be made annually to the maximum extent feasible and
consistent with the nature, requirements, and objectives of the programs
and activities involved. The Committee shall review, from time to time,
each continuing program within its jurisdiction for which appropriations
are not made annually in order to ascertain whether such program could be
modified so that appropriations therefore would be made annually.
(c) Budget Act Compliance: Views and Estimates (See Appendix B).--Not
later than 6 weeks after the President submits his budget under section
1105(a) of title 31, United States Code, or at such time as the Committee
on the Budget may request, the Committee shall submit to the Committee on
the Budget (1) 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 (under section 301 of the Congressional Budget Act of 1974--
see Appendix B) that are within its jurisdiction or functions; and (2) 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.
(d) Budget Act Compliance: Recommended Changes.--Whenever the Committee
is directed in a concurrent resolution on the budget to determine and
recommend changes in laws, bills, or resolutions under the reconciliation
process, it shall promptly make such determination and recommendations,
and report a reconciliation bill or resolution (or both) to the House or
submit such recommendations to the Committee on the Budget, in accordance
with the Congressional Budget Act of 1974 (See Appendix B).
(e) Conference Committees.--Whenever in the legislative process it
becomes necessary to appoint conferees, the Chairman shall, after
consultation with the Ranking Minority Member, determine the number of
conferees the Chairman deems most suitable and then recommend to the
Speaker as conferees, in keeping with the number to be appointed by the
Speaker as provided in clause House Rule I, clause 11, the names of those
Members of the Committee of not less than a majority who generally
supported the House position and who were primarily responsible for the
legislation. The Chairman shall, to the fullest extent feasible, include
those Members of the Committee who were the principal proponents of the
major provisions of the bill as it passed the House and such other
Committee Members of the majority party as the Chairman may designate in
consultation with the Members of the majority party. Such recommendations
shall provide a ratio of majority party Members to minority party Members
no less favorable to the majority party than the ratio of majority party
Members to minority party Members on the Committee. In making
recommendations of minority party Members as conferees, the Chairman
shall consult with the Ranking Minority Member of the Committee.
(f) Hearing on Waste, Fraud, and Abuse.--(1) The Committee, or a
Subcommittee, 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 the 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.
(g) Hearing on Agency Financial Statements.--The Committee or a
Subcommittee, 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.
(h) Hearing on GAO High-Risk-List.--The Committee or a Subcommittee,
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'.
(i) Activities Report.--(1) Not later than January 2 of each year, the
Committee shall submit to the House a 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
report, a copy of which shall be made available to each Member of the
Committee for at least 7 calendar days, with the Clerk at any time.
(2) Such report shall include separate sections summarizing the
legislative and oversight activities of the Committee during that
Congress.
(3) The oversight section of such report shall include a summary of the
oversight plans submitted by the Committee pursuant to clause 2(d) of
House Rule X, a summary of the actions taken and recommendations made
with respect to each such plan, and a summary of any additional oversight
activities undertaken by the Committee, and any recommendations made or
actions taken with respect thereto.
X. SUBCOMMITTEES
(a) Number and Composition.--There shall be such subcommittees as
specified in paragraph (c) of this rule. Each of such subcommittees shall
be composed of the number of Members set forth in paragraph (c) of this
rule, including ex officio Members.\1\ The Chairman may create additional
subcommittees of an ad hoc nature as the Chairman determines to be
appropriate subject to any limitations provided for in the House Rules.
---------------------------------------------------------------------------
\1\ The Chairman and Ranking Minority Member of the Committee serve as
ex officio Members of the subcommittees. (See paragraph (e) of this
rule).
---------------------------------------------------------------------------
(b) Ratios.--On each Subcommittee, there shall be a ratio of majority
party Members to minority party Members which shall be consistent with
the ratio on the full Committee. In calculating the ratio of majority
party Members to minority party Members, there shall be included the ex
officio Members of the subcommittees and ratios below reflect that fact.
(c) Jurisdiction.--Each Subcommittee shall have the following general
jurisdiction and number of Members:
General Farm Commodities and Risk Management (29 members, 16 majority and
13 minority).--Program and markets related to cotton, cottonseed,
wheat, feed grains, soybeans, oilseeds, rice, dry beans, peas,
lentils, the Commodity Credit Corporation, risk management, including
crop insurance, commodity exchanges, and specialty crops.
Livestock, Rural Development, and Credit (26 members, 14 majority and 12
minority).--Livestock, dairy, poultry, meat, seafood and seafood
products, inspection, marketing, and promotion of such commodities,
aquaculture, animal welfare and grazing, rural development, farm
security and family farming matters, and agricultural credit.
Department Operations, Oversight, and Nutrition (13 members, 7 majority
and 6 minority).--Agency oversight, review and analysis, special
investigations, food stamps, nutrition and consumer programs.
Conservation, Energy, and Forestry (18 members, 10 majority and 8
minority).--Soil, water, and resource conservation, small watershed
program, energy and biobased energy production, rural
electrification, forestry in general and forest reserves other than
those created in public domain.
Horticulture, Research, Biotechnology, and Foreign Agriculture (17
members, 9 majority and 8 minority).--Fruits and vegetables, honey
and bees, marketing and promotion orders, plant pesticides,
quarantine, adulteration of seeds and insect pests, and organic
agriculture, research, education and extension, biotechnology and
foreign agriculture assistance, and trade promotion programs,
generally.
(d) Referral of Legislation.--
(1)(a) In general.--All bills, resolutions, and other matters
referred to the Committee shall be referred to all subcommittees of
appropriate jurisdiction within 2 weeks after being referred to the
Committee. After consultation with the Ranking Minority Member, the
Chairman may determine that the Committee will consider certain bills,
resolutions, or other matters.
(b) Trade Matters.--Unless action is otherwise taken under
subparagraph (3), bills, resolutions, and other matters referred to the
Committee relating to foreign agriculture, foreign food or commodity
assistance, and foreign trade and marketing issues will be considered
by the Committee.
(2) The Chairman, by a majority vote of the Committee, may discharge
a Subcommittee from further consideration of any bill, resolution, or
other matter referred to the Subcommittee and have such bill,
resolution or other matter considered by the Committee. The Committee
having referred a bill, resolution, or other matter to a Subcommittee
in accordance with this rule may discharge such Subcommittee from
further consideration thereof at any time by a vote of the majority
Members of the Committee for the Committee's direct consideration or
for reference to another Subcommittee.
(3) Unless the Committee, a quorum being present, decides otherwise
by a majority vote, the Chairman may refer bills, resolutions,
legislation or other matters not specifically within the jurisdiction
of a Subcommittee, or that is within the jurisdiction of more than one
Subcommittee, jointly or exclusively as the Chairman deems appropriate,
including concurrently to the subcommittees with jurisdiction,
sequentially to the subcommittees with jurisdiction (subject to any
time limits deemed appropriate), divided by subject matter among the
subcommittees with jurisdiction, or to an ad hoc subcommittee appointed
by the Chairman for the purpose of considering the matter and reporting
to the Committee thereon, or make such other provisions deemed
appropriate.
(e) Participation and Service of Committee Members on Subcommittees.--
(1) The Chairman and the Ranking Minority Member shall serve as ex
officio Members of all subcommittees and shall have the right to vote on
all matters before the subcommittees. The Chairman and the Ranking
Minority Member may not be counted for the purpose of establishing a
quorum.
(2) Any Member of the Committee who is not a Member of the Subcommittee
may have the privilege of sitting and nonparticipatory attendance at
Subcommittee hearings or meetings in accordance with clause 2(g)(2) of
House Rule XI. Such Member may not:
(i) vote on any matter;
(ii) be counted for the purpose of a establishing a quorum;
(iii) participate in questioning a witness under the 5-Minute Rule,
unless permitted to do so by the Subcommittee Chairman in consultation
with the Ranking Minority Member or a majority of the Subcommittee, a
quorum being present;
(iv) raise points of order; or
(v) offer amendments or motions.
(f) Subcommittee Hearings and Meetings.--(1) Each Subcommittee is
authorized to meet, hold hearings, receive evidence, and make
recommendations to the Committee on all matters referred to it or under
its jurisdiction after consultation by the Subcommittee Chairmen with the
Committee Chairman. (See Committee Rule VII.)
(2) After consultation with the Committee Chairman, Subcommittee
Chairmen shall set dates for hearings and meetings of their subcommittees
and shall request the majority staff director to make any announcement
relating thereto. (See Committee Rule VII(b).) In setting the dates, the
Committee Chairman and Subcommittee Chairman shall consult with other
Subcommittee Chairmen and relevant Committee and Subcommittee Ranking
Minority Members in an effort to avoid simultaneously scheduling
Committee and Subcommittee meetings or hearings to the extent
practicable.
(3) Notice of all Subcommittee meetings shall be provided to the
Chairman and the Ranking Minority Member of the Committee by the majority
staff director.
(4) Subcommittees may hold meetings or hearings outside of the House if
the Chairman of the Committee and other Subcommittee Chairmen and the
Ranking Minority Member of the Subcommittee is consulted in advance to
ensure that there is no scheduling problem. However, the majority of the
Committee may authorize such meeting or hearing.
(5) The provisions regarding notice and the agenda of Committee
meetings under Committee Rule II(a) and special or additional meetings
under Committee Rule II(b) shall apply to Subcommittee meetings.
(6) If a vacancy occurs in a Subcommittee chairmanship, the Chairman
may set the dates for hearings and meetings of the Subcommittee during
the period of vacancy. The Chairman may also appoint an acting
Subcommittee Chairman until the vacancy is filled.
(g) Subcommittee Action.--(1) Any bill, resolution, recommendation, or
other matter forwarded to the Committee by a Subcommittee shall be
promptly forwarded by the Subcommittee Chairman or any Subcommittee
Member authorized to do so by the Subcommittee.
(2) Upon receipt of such recommendation, the majority staff director of
the Committee shall promptly advise all Members of the Committee of the
Subcommittee action.
(3) The Committee shall not consider any matters recommended by
subcommittees until 2 calendar days have elapsed from the date of action,
unless the Chairman or a majority of the Committee determines otherwise.
(h) Subcommittee Investigations.--No investigation shall be initiated
by a Subcommittee without the prior consultation with the Chairman of the
Committee or a majority of the Committee.
XI. COMMITTEE BUDGET, STAFF, AND TRAVEL
(a) Committee Budget.--The Chairman, in consultation with the majority
Members of the Committee, and the minority Members of the Committee,
shall prepare a preliminary budget for each session of the Congress. Such
budget shall include necessary amounts for staff personnel, travel,
investigation, and other expenses of the Committee and subcommittees.
After consultation with the Ranking Minority Member, the Chairman shall
include an amount budgeted to minority Members for staff under their
direction and supervision. Thereafter, the Chairman shall combine such
proposals into a consolidated Committee budget, and shall take whatever
action is necessary to have such budget duly authorized by the House.
(b) Committee Staff.--(1) The Chairman shall appoint and determine the
remuneration of, and may remove, the professional and clerical employees
of the Committee not assigned to the minority. The professional and
clerical staff of the Committee not assigned to the minority shall be
under the general supervision and direction of the Chairman, who shall
establish and assign the duties and responsibilities of such staff
members and delegate such authority as he or she determines appropriate.
(See House Rule X, clause 9).
(2) The Ranking Minority Member of the Committee shall appoint and
determine the remuneration of, and may remove, the professional and
clerical staff assigned to the minority within the budget approved for
such purposes. The professional and clerical staff assigned to the
minority shall be under the general supervision and direction of the
Ranking Minority Member of the Committee who may delegate such authority
as he or she determines appropriate.
(3) From the funds made available for the appointment of Committee
staff pursuant to any primary or additional expense resolution, the
Chairman shall ensure that each Subcommittee is adequately funded and
staffed to discharge its responsibilities and that the minority party is
fairly treated in the appointment of such staff (See House Rule X, clause
6(d)).
(c) Committee Travel.--(1) Consistent with the primary expense
resolution and such additional expense resolution as may have been
approved, the provisions of this rule shall govern official travel of
Committee Members and Committee staff regarding domestic and foreign
travel (See House Rule XI, clause 2(n) and House Rule X, clause 8
(reprinted in Appendix A)). Official travel for any Member or any
Committee staff member shall be paid only upon the prior authorization of
the Chairman. Official travel may be authorized by the Chairman for any
Committee Member and any Committee staff member in connection with the
attendance of hearings conducted by the Committee and its subcommittees
and meetings, conferences, facility inspections, and investigations which
involve activities or subject matter relevant to the general jurisdiction
of the Committee. Before such authorization is given there shall be
submitted to the Chairman in writing the following:
(i) The purpose of the official travel;
(ii) The dates during which the official travel is to be made and the
date or dates of the event for which the official travel is being made;
(iii) The location of the event for which the official travel is to
be made; and
(iv) The names of Members and Committee staff seeking authorization.
(2) In the case of official travel of Members and staff of a
Subcommittee to hearings, meetings, conferences, facility inspections and
investigations involving activities or subject matter under the
jurisdiction of such Subcommittee to be paid for out of funds allocated
to the Committee, prior authorization must be obtained from the
Subcommittee Chairman and the full Committee Chairman. Such prior
authorization shall be given by the Chairman only upon the representation
by the applicable Subcommittee Chairman in writing setting forth those
items enumerated in clause (1).
(3) Within 60 days of the conclusion of any official travel authorized
under this rule, there shall be submitted to the Committee Chairman a
written report covering the information gained as a result of the
hearing, meeting, conference, facility inspection or investigation
attended pursuant to such official travel.
(4) 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, its territories or possessions. No
appropriated funds shall be expended for the purpose of defraying
expenses of Members of the Committee or its employees in any country
where local currencies are available for this purpose; and the following
conditions shall apply with respect to their use of such currencies;
(i) No Member or employee of the Committee shall receive or expend
local currencies for subsistence in any country at a rate in excess of
the maximum per diem rate set forth in applicable Federal law; and
(ii) Each Member or employee of the Committee shall make an itemized
report to the Chairman within 60 days following the completion of
travel showing the dates each country was visited, the amount of per
diem furnished, the cost of transportation furnished, and any funds
expended for any other official purpose, and shall summarize in these
categories the total foreign currencies and appropriated funds
expended. All such individual reports shall be filed by the Chairman
with the Committee on House Administration and shall be open to public
inspection.
XII. AMENDMENT OF RULES
These Rules may be amended by a majority vote of the Committee. A
proposed change in these Rules shall not be considered by the Committee
as provided in clause 2 of House Rule XI, unless written notice of the
proposed change has been provided to each Committee Member 2 legislative
days in advance of the date on which the matter is to be considered. Any
such change in the Rules of the Committee shall be published in the
Congressional Record within 30 calendar days after its approval.
APPENDIX A
EXCERPTS OF THE RULES OF THE HOUSE OF
REPRESENTATIVES FOR THE 113TH CONGRESS
PERTAINING TO COMMITTEE FUNCTIONS
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
* * * * *
(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.
* * * * *
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:
(a) Committee on Agriculture.
(1) Adulteration of seeds, insect pests, and protection of birds
and animals in forest reserves.
(2) Agriculture generally.
(3) Agricultural and industrial chemistry.
(4) Agricultural colleges and experiment stations.
(5) Agricultural economics and research.
(6) Agricultural education extension services.
(7) Agricultural production and marketing and stabilization of
prices of agricultural products, and commodities (not including
distribution outside of the United States).
(8) Animal industry and diseases of animals.
(9) Commodity exchanges.
(10) Crop insurance and soil conservation.
(11) Dairy industry.
(12) Entomology and plant quarantine.
(13) Extension of farm credit and farm security.
(14) Inspection of livestock, poultry, meat products, and seafood
and seafood products.
(15) Forestry in general and forest reserves other than those
created from the public domain.
(16) Human nutrition and home economics.
(17) Plant industry, soils, and agricultural engineering.
(18) Rural electrification.
(19) Rural development.
(20) Water conservation related to activities of the Department
of Agriculture.
* * * * *
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 sever 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. (a) The Committee on Appropriations shall conduct such studies and
examinations of the organization and operation of executive departments
and other executive agencies (including an agency the majority of the
stock of which is owned by the United States) as it considers necessary
to assist it in the determination of matters within its jurisdiction.
(b) The Committee on Armed Services shall review and study on a
continuing basis laws, programs, and Government activities relating to
international arms control and disarmament and the education of military
dependents in schools.
(c) The Committee on the Budget shall study on a continuing basis the
effect on budget outlays of relevant existing and proposed legislation
and report the results of such studies to the House on a recurring basis.
(d) The Committee on Education and the Workforce shall review, study,
and coordinate on a continuing basis laws, programs, and Government
activities relating to domestic educational programs and institutions and
programs of student assistance within the jurisdiction of other
committees.
(e) The Committee on Energy and Commerce shall review and study on a
continuing basis laws, programs, and Government activities relating to
nuclear and other energy and nonmilitary nuclear energy research and
development including the disposal of nuclear waste.
(f) The Committee on Foreign Affairs shall review and study on a
continuing basis laws, programs, and Government activities relating to
customs administration, intelligence activities relating to foreign
policy, international financial and monetary organizations, and
international fishing agreements.
(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.
(h) The Committee on Natural Resources shall review and study on a
continuing basis laws, programs, and Government activities relating to
Native Americans.
(i) The Committee on Oversight and Government Reform shall review and
study on a continuing basis the operation of Government activities at all
levels with a view to determining their economy and efficiency.
(j) The Committee on Rules shall review and study on a continuing basis
the congressional budget process, and the committee shall report its
findings and recommendations to the House from time to time.
(k) The Committee on Science, Space, and Technology shall review and
study on a continuing basis laws, programs, and Government activities
relating to nonmilitary research and development.
(l) The Committee on Small Business shall study and investigate on a
continuing basis the problems of all types of small business.
(m) The Permanent Select Committee on Intelligence shall review and
study on a continuing basis laws, programs, and activities of the
intelligence community and shall review and study on an exclusive basis
the sources and methods of entities described in clause 11(b)(1)(A).
Additional functions of committees
4. (a)(1)(A) the Committee on Appropriations shall, within 30 days
after the transmittal of the Budget to Congress each year, hold hearings
on the Budget as a whole with particular reference to--
(i) the basic recommendations and budgetary policies of the President
in the presentation of the Budget; and
(ii) the fiscal, financial, and economic assumptions used as bases in
arriving at total estimated expenditures and receipts.
* * * * *
(2) Pursuant to section 401(b)(2) of the Congressional Budget Act of
1974, when a committee reports a bill or joint resolution that provides
new entitlement authority as defined in section 3(9) of that Act, and
enactment of the bill or joint resolution, as reported, would cause a
breach of the committee's pertinent allocation of new budget authority
under section 302(a) of that Act, the bill or joint resolution may be
referred to the Committee on Appropriations with instructions to report
it with recommendations (which may include an amendment limiting the
total amount of new entitlement authority provided in the bill or joint
resolution). If the Committee on Appropriations fails to report a bill or
joint resolution so referred within 15 calendar days (not counting any
day on which the House is not in session), the committee automatically
shall be discharged from consideration of the bill or joint resolution,
and the bill or joint resolution shall be placed on the appropriate
calendar.
(3) In addition, the Committee on Appropriations shall study on a
continuing basis those provisions of law that (on the first day of the
first fiscal year for which the congressional budget process is
effective) provide spending authority or permanent budget authority and
shall report to the House from time to time its recommendations for
terminating or modifying such provisions.
(4) In the manner provided by section 302 of the Congressional Budget
Act of 1974, the Committee on Appropriations (after consulting with the
Committee on Appropriations of the Senate) shall subdivide any
allocations made to it in the joint explanatory statement accompanying
the conference report on such concurrent resolution, and promptly report
the subdivisions to the House as soon as practicable after a concurrent
resolution on the budget for a fiscal year is agreed to.
(b) the Committee on the Budget shall--
(1) review on a continuing basis the conduct by the Congressional
Budget Office of its functions and duties;
(2) hold hearings and receive testimony from Members, Senators,
Delegates, the Resident Commissioner, and such appropriate
representatives of Federal departments and agencies, the general
public, and national organizations as it considers desirable in
developing concurrent resolutions on the budget for each fiscal year;
(3) make all reports required of it by the Congressional Budget Act
of 1974;
(4) study on a continuing basis those provisions of law that exempt
Federal agencies or any of their activities or outlays from inclusion
in the Budget of the United States Government, and report to the House
from time to time its recommendations for terminating or modifying such
provisions;
(5) study on a continuing basis proposals designed to improve and
facilitate the congressional budget process, and report to the House
from time to time the results of such studies, together with its
recommendations; and
(6) request and evaluate continuing studies of tax expenditures,
devise methods of coordinating tax expenditures, policies, and programs
with direct budget outlays, and report the results of such studies to
the House on a recurring basis.
(c)(1) the Committee on Oversight and Government Reform shall--
(A) receive and examine reports of the Comptroller General of the
United States and submit to the House such recommendations as it
considers necessary or desirable in connection with the subject matter
of the reports;
(B) evaluate the effects of laws enacted to reorganize the
legislative and executive branches of the Government; and
(C) study intergovernmental relationships between the United States
and the States and municipalities and between the United States and
international organizations of which the United States is a member.
(2) In addition to its duties under subparagraph (1), the Committee on
Oversight and Government Reform may at any time conduct investigations of
any matter without regard to clause 1, 2, 3, or this clause conferring
jurisdiction over the matter to another standing committee. The findings
and recommendations of the committee in such an investigation shall be
made available to any other standing committee having jurisdiction over
the matter involved.
* * * * *
(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 submission of the budget by the
President, 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.
* * * * *
(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 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.
(ii) Service on an investigative subcommittee of the Committee on
Ethics under paragraph (a)(4) does not count against the limitation on
subcommittee service.
(iii) Any other exception to the limitations in subdivision (A) may be
approved by the House on the recommendation of the relevant party caucus
or conference.
(C) In this subparagraph the term ``subcommittee'' includes a panel
(other than a special oversight panel of the Committee on Armed
Services), task force, special subcommittee, or other subunit of a
standing committee that is established for a cumulative period longer
than six months in a Congress.
(c)(1) One of the members of each standing committee shall be elected
by the House, on the nomination of the majority party caucus or
conference, as chair thereof. In the absence of the member serving as
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
vacancy in the elected chair of a committee, the House shall elect
another chair.
(2) Except in the case of the Committee on Rules, a member of a
standing committee may not serve as chair of the same standing committee,
or of the same subcommittee of a standing committee, during more than
three consecutive Congresses (disregarding for this purpose any service
for less than a full session in a Congress).
(d)(1) Except as permitted by subparagraph (2), a committee may have
not more than five subcommittees.
(2) A committee that maintains a subcommittee on oversight may have not
more than six subcommittees. The Committee on Appropriations may have not
more than 13 subcommittees. The Committee on Oversight and Government
Reform may have not more than seven subcommittees.
(e) The House shall fill a vacancy on a standing committee by election
on the nomination of the respective party caucus or conference.
Expense resolutions
6. (a) Whenever a committee, commission, or other entity (other than
the Committee on Appropriations) is granted authorization for the payment
of its expenses (including staff salaries) for a Congress, such
authorization initially shall be procured by one primary expense
resolution reported by the Committee on House Administration. A primary
expense resolution may include a reserve fund for unanticipated expenses
of committees. An amount from such a reserve fund may be allocated to a
committee only by the approval of the Committee on House Administration.
A primary expense resolution reported to the House may not be considered
in the House unless a printed report thereon was available on the
previous calendar day. For the information of the House, such report
shall--
(1) state the total amount of the funds to be provided to the
committee, commission, or other entity under the primary expense
resolution for all anticipated activities and programs of the
committee, commission, or other entity; and
(2) to the extent practicable, contain such general statements
regarding the estimated foreseeable 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 under this paragraph for a select committee established by
resolution in the preceding Congress only if--
(1) a resolution proposing to reestablish such select committee is
introduced in the present Congress; and
(2) the House has not adopted a resolution of the preceding Congress
providing for termination of funding for investigations and studies by
such select committee.
(c) Each committee described in paragraph (a) shall be entitled for
each month during the period specified in paragraph (a) to 9 percent (or
such lesser percentage as may be determined by the committee on House
Administration) of the total annualized amount made available under
expense resolutions for such committee in the preceding session of
Congress.
(d) Payments under this 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 clause 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 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) 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(k)(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.
Select and joint committees
10. (a) Membership on a select or joint committee appointed by the
Speaker under clause 11 of rule I during the course of a Congress shall
be contingent on continuing membership in the party caucus or conference
of which the Member, Delegate, or Resident Commissioner concerned was a
member at the time of appointment. Should a Member, Delegate, or Resident
Commissioner cease to be a member of that caucus or conference, that
Member, Delegate, or Resident Commissioner shall automatically cease to
be a member of any select or joint committee to which assigned. 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 a party caucus or conference. The Speaker shall notify the
chair of each affected select or joint committee that the appointment of
such Member, Delegate, or Resident Commissioner to the select or joint
committee is automatically vacated under this paragraph.
(b) Each select or joint committee, other than a conference committee,
shall comply with clause 2(a) of rule XI unless specifically exempted by
law.
* * * * *
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 a 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, 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
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.
* * * * *
(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.
(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 subcommittee) shall be open to
the public, including to radio, television, and still photography
coverage, except when the committee or subcommittee, in open session and
with a majority present, determines by record vote that all or part of
the remainder of the meeting on that day shall be in executive session
because disclosure of matters to be considered would endanger national
security, would compromise sensitive law enforcement information, would
tend to defame, degrade, or incriminate any person, or otherwise would
violate a law or rule of the House. Persons, other than members of the
committee and such noncommittee Members, Delegates, Resident
Commissioner, congressional staff, or departmental representatives as the
committee may authorize, may not be present at a business or markup
session that is held in executive session. This subparagraph does not
apply to open committee hearings, which are governed by clause 4(a)(1) of
rule X or by subparagraph (2).
(2)(A) Each hearing conducted by a committee or subcommittee (other
than the Committee on 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.
* * * * *
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 5-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 5 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 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 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''.
* * * * *
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.
Pay of witnesses
5. Witnesses appearing before the House or any of its committees shall
be paid the same per diem rate as established, authorized, and regulated
by the Committee on House Administration for Members, Delegates, the
Resident Commissioner, and employees of the House, plus actual expenses
of travel to or from the place of examination. Such per diem may not be
paid when a witness has been summoned at the place of examination.
Unfinished business of the session
6. All business of the House at the end of one session shall be resumed
at the commencement of the next session of the same Congress in the same
manner as if no adjournment had taken place.
* * * * *
Rule XXII
House and Senate Relations
Senate amendments
1. A motion to disagree to Senate amendments to a House proposition and
to request or agree to a conference with the Senate, or a motion to
insist on House amendments to a Senate proposition and to request or
agree to a conference with the Senate, shall be privilidged in the
discretion of the Speaker if offered by direction of the primary
committee and of all reporting committees that had initial referral of
the proposition.
* * * * *
APPENDIX B
EXCERPTS RELATING TO LEGISLATIVE PROCEDURE FROM THE CONGRESSIONAL BUDGET
ACT OF 1974 (2 U.S.C. 621 ET SEQ.)
declaration of purposes [2 U.S.C. 621]
Sec. 2. The Congress declares that it is essential--
(1) to assure effective congressional control over the budgetary
process;
(2) to provide for the congressional determination each year of the
appropriate level of Federal revenues and expenditures;
(3) to provide a system of impoundment control;
(4) to establish national budget priorities; and
(5) to provide for the furnishing of information by the executive
branch in a manner that will assist the Congress in discharging its
duties.
definitions [2 U.S.C. 622]
Sec. 3. In General.--For purposes of this Act--
(1) The terms ``budget outlays'' and ``outlays'' mean, with respect
to any fiscal year, expenditures and net lending of funds under budget
authority during such year.
(2) Budget authority and new budget authority.--
(A) In general.--The term ``budget authority'' means the authority
provided by Federal law to incur financial obligations, as follows:
(i) provisions of law that make funds available for obligation
and expenditure (other than borrowing authority), including the
authority to obligate and expend the proceeds of offsetting
receipts
and collections;
(ii) borrowing authority, which means authority granted to a
Federal entity to borrow and obligate and expend the borrowed
funds, including through the issuance of promissory notes or other
monetary credits;
(iii) contract authority, which means the making of funds avail-
able for obligation but not for expenditure; and
(iv) offsetting receipts and collections as negative budget
authority, and the reduction thereof as positive budget authority.
(B) Limitations on budget authority.--With respect to the Federal
Hospital Insurance Trust Fund, the Supplementary Medical Insurance
Trust Fund, the Unemployment Trust Fund, and the railroad retirement
account, any amount that is precluded from obligation in a fiscal
year by a provision of law (such as a limitation or a benefit
formula) shall not be budget authority in that year.
(C) New budget authority.--The term ``new budget authority'' means,
with respect to a fiscal year--
(i) budget authority that first becomes available for obligation
in that year, including budget authority that becomes available
in that year as a result of a reappropriation; or
(ii) a change in any account in the availability of unobligated
balances of budget authority carried over from a prior year,
resulting from a provision of law first effective in that year;
and includes a change in the estimated level of new budget authority
provided in indefinite amounts by existing law.
* * * * *
(4) The term ``concurrent resolution on the budget'' means--
(A) a concurrent resolution setting forth the congressional budget
for the United States Government for a fiscal year as provided in
section 301; and
(B) any other concurrent resolution revising the congressional
budget for the United States Government for a fiscal year as
described in section 304.
(5) The term ``appropriation Act'' means an Act referred to in
section 105 of title 1, United States Code.
(6) The term ``deficit'' means, with respect to a fiscal year, the
amount by which outlays exceed receipts during that year.
(7) The term ``surplus'' means, with respect to a fiscal year, the
amount by which receipts exceed outlays during that year.
(8) The term ``government-sponsored enterprise'' means a corporate
entity created by a law of the United States that--
(A)(i) has a Federal charter authorized by law;
(ii) is privately owned, as evidenced by capital stock owned by
private entities or individuals;
(iii) is under the direction of a board of directors, a majority of
which is elected by private owners;
(iv) is a financial institution with power to--
(I) make loans or loan guarantees for limited purposes such
as to provide credit for specific borrowers or one sector; and
(II) raise funds by borrowing (which does not carry the full
faith and credit of the Federal Government) or to guarantee the
debt of others in unlimited amounts; and
(B)(i) does not exercise powers that are reserved to the Government
as sovereign (such as the power to tax or to regulate interstate
commerce);
(ii) does not have the power to commit the Government financially
(but it may be a recipient of a loan guarantee commitment made by the
Government); and
(iii) has employees whose salaries and expenses are paid by the
enterprise and are not Federal employees subject to title 5.
(9) The term ``entitlement authority'' means--
(A) the authority to make payments (including loans and grants),
the budget authority for which is not provided for in advance by
appropriation Acts, to any person or government if, under the
provisions of the law containing that authority, the United States is
obligated to make such payments to persons or governments who meet
the requirements established by that law; and
(B) the food stamp program.
(10) The term ``credit authority'' means authority to incur direct
loan obligations or to incur primary loan guarantee commitments.
* * * * *
TITLE III--CONGRESSIONAL BUDGET PROCESS [2 U.S.C. Chapter 17A, Subchapter
1]
timetable [2 U.S.C. 631]
Sec. 300. The timetable with respect to the congressional budget
process for any fiscal year is as follows:
On or before: Action to be completed:First Monday in February............... President submits his budget.
February 15............................ Congressional Budget Office
submits report to Budget
Committees.
Not later than 6 weeks after President Committees submit views and
submits budget.\1\ estimates to Budget
Committees.
\1\ The date for committees'
submissions of views and estimates was
amended by the Budget Enforcement Act
of 1997 (sec. 10104(a), P.L. 105-33).
April 1................................ Senate Budget Committee reports
concurrent resolution on the
budget.
April 15............................... Congress completes action on
concurrent resolution on the
budget.
May 15................................. Annual appropriation bills may
be considered in the House.
June 10................................ House Appropriations Committee
reports last annual
appropriation bill.
June 15................................ Congress completes action on
reconciliation legislation.
June 30................................ House completes action on
annual appropriation bills.
October 1.............................. Fiscal year begins.
annual adoption of concurrent resolution on the budget [2 U.S.C. 632]
Sec. 301. (a) Content of Concurrent Resolution on the Budget.--On or
before April 15 of each year, the Congress shall complete action on a
concurrent resolution on the budget for the fiscal year beginning on
October 1 of such year. The concurrent resolution shall set forth
appropriate levels for the fiscal year beginning on October 1 of such
year and for at least each of the 4 ensuing fiscal years for the
following--
(1) totals of new budget authority and outlays;
(2) total Federal revenues and the amount, if any, by which the
aggregate level of Federal revenues should be increased or decreased by
bills and resolutions to be reported by the appropriate committees;
(3) the surplus or deficit in the budget;
(4) new budget authority and outlays for each major functional
category, based on allocations of the total levels set forth pursuant
to paragraph (1);
(5) the public debt;
(6) for purposes of Senate enforcement under this title, outlays of
the old-age, survivors, and disability insurance program established
under title II of the Social Security Act [42 U.S.C. 401 et seq.] for
the fiscal year of the resolution and for each of the 4 succeeding
fiscal years; and
(7) for purposes of Senate enforcement under this title, revenues of
the old-age, survivors, and disability insurance program established
under title II of the Social Security Act (and the related provisions
of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.]) for the
fiscal year of the resolution and for each of the 4 succeeding fiscal
years.
The concurrent resolution shall not include the outlays and revenue
totals of the old-age, survivors, and disability insurance program
established under title II of the Social Security Act or the related
provisions of the Internal Revenue Code of 1986 in the surplus or deficit
totals required by this subsection or in any other surplus or deficit
totals required by this title.
* * * * *
(d) Views and Estimates of Other Committees.--Within 6 weeks after the
President submits a budget under section 1105(a) of title 31, or at such
time as may be requested by the Committee on the Budget, each Committee
of the House of Representatives having legislative jurisdiction shall
submit to the Committee on the Budget of the House and each Committee of
the Senate having legislative jurisdiction shall submit to the Committee
on the Budget of the Senate its views and estimates (as determined by the
Committee making such submission) with respect to all matters set forth
in subsections (a) and (b) of this section which relate to matters within
the jurisdiction or functions of such Committee. The Joint Economic
Committee shall submit to the Committees on the Budget of both Houses its
recommendations as to the fiscal policy appropriate to the goals of the
Employment Act of 1946 [15 U.S.C. 1021 et seq.]. Any other Committee of
the House of Representatives or the Senate may submit to the Committee on
the Budget of its House, and any joint Committee of the Congress may
submit to the Committees on the Budget of both Houses, its views and
estimates with respect to all matters set forth in subsections (a) and
(b) of this section which relate to matters within its jurisdiction or
functions. Any committee of the House of Representatives or the Senate
that anticipates that the Committee will consider any proposed
legislation establishing, amending, or reauthorizing any Federal program
likely to have a significant budgetary impact on any State, local, or
tribal government, or likely to have a significant financial impact on
the private sector, including any legislative proposal submitted by the
executive branch likely to have such a budgetary or financial impact,
shall include its views and estimates on that proposal to the Committee
on the Budget of the applicable House.
* * * * *
committee allocations [2 U.S.C. 633]
Sec. 302. (a) Committee Spending Allocations.--
(1) Allocation among committees.--The joint explanatory statement
accompanying a conference report on a concurrent resolution on the
budget shall include an allocation, consistent with the resolution
recommended in the conference report, of the levels for the first
fiscal year of the resolution, for at least each of the ensuing 4
fiscal years, and a total for that period of fiscal years (except in
the case of the Committee on Appropriations only for the fiscal year of
that resolution) of--
(A) total new budget authority; and
(B) total outlays;
among each Committee of the House of Representatives or the Senate
that has jurisdiction over legislation providing or creating such
amounts.
(2) No double counting.--In the House of Representatives, any item
allocated to one Committee may not be allocated to another Committee.
(3) Further division of amounts.--
(A) In the senate.--In the Senate, the amount allocated to the
Committee on Appropriations shall be further divided among the
categories specified in section 250(c)(4) of the Balanced Budget and
Emergency Deficit Control Act of 1985 and shall not exceed the limits
for each category set forth in section 251(c) of that Act.
(B) In the house.--In the House of Representatives, the amounts
allocated to each Committee for each fiscal year, other than the
Committee on Appropriations, shall be further divided between amounts
provided or required by law on the date of filing of that conference
report and amounts not so provided or required. The amounts allocated
to the Committee on Appropriations shall be further divided--
(i) between discretionary and mandatory amounts or programs,
as appropriate; and
(ii) consistent with the categories specified in section
250(c)(4)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
(4) Amounts not allocated.--In the House of Representatives or the
Senate, if a Committee receives no allocation of new budget authority
or outlays, that Committee shall be deemed to have received an
allocation equal to zero for new budget authority or outlays.
(5) Adjusting allocation of discretionary spending in the house of
representatives.--(A) If a concurrent resolution on the budget is not
adopted by April 15, the chairman of the Committee on the Budget of the
House of Representatives shall submit to the House, as soon as
practicable, an allocation under paragraph (1) to the Committee on
Appropriations consistent with the discretionary spending levels in the
most recently agreed to concurrent resolution on the budget for the
appropriate fiscal year covered by that resolution.
(B) As soon as practicable after an allocation under paragraph (1) is
submitted under this section, the Committee on Appropriations shall
make suballocations and report those suballocations to the House of
Representatives.
(b) Suballocations by Appropriations Committees.--As soon as
practicable after a concurrent resolution on the budget is agreed to, the
Committee on Appropriations of each House (after consulting with the
Committee on Appropriations of the other House) shall suballocate each
amount allocated to it for the budget year under subsection (a) of this
section among its subcommittees. Each Committee on Appropriations shall
promptly report to its House suballocations made or revised under this
subsection. The Committee on Appropriations of the House of
Representatives shall further divide among its subcommittees the
divisions made under subsection (a)(3)(B) of this section and promptly
report those divisions to the House.
(c) Point of Order.--After the Committee on Appropriations has received
an allocation pursuant to subsection (a) of this section for a fiscal
year, it shall not be in order in the House of Representatives or the
Senate to consider any bill, joint resolution, amendment, motion, or
conference report within the jurisdiction of that Committee providing new
budget authority for that fiscal year, until that Committee makes the
suballocations required by subsection (b) of this section.
(d) Subsequent Concurrent Resolutions.--In the case of a concurrent
resolution on the budget referred to in section 304, the allocations
under subsection (a) of this section and the subdivisions under
subsection (b) of this section shall be required only to the extent
necessary to take into account revisions made in the most recently agreed
to concurrent resolution on the budget.
* * * * *
(f) Legislation Subject to Point of Order.--
(1) In the house of representatives.--After the Congress has
completed action on a concurrent resolution on the budget for a fiscal
year, it shall not be in order in the House of Representatives to
consider any bill, joint resolution, or amendment providing new budget
authority for any fiscal year, or any conference report on any such
bill or joint resolution, if--
(A) the enactment of such bill or resolution as reported;
(B) the adoption and enactment of such amendment; or
(C) the enactment of such bill or resolution in the form
recommended in such conference report,
would cause the applicable allocation of new budget authority made
under subsection (a) or (b) of this section for the first fiscal year
or the total of fiscal years to be exceeded.
* * * * *
concurrent resolution on the budget must be adopted before budget-related
legislation is considered [2 U.S.C. 634]
Sec. 303. (a) In General.--Until the concurrent resolution on the
budget for a fiscal year has been agreed to, it shall not be in order in
the House of Representatives, with respect to the first fiscal year
covered by that resolution, or the Senate, with respect to any fiscal
year covered by that resolution, to consider any bill or joint
resolution, amendment or motion thereto, or conference report thereon
that--
(1) first provides new budget authority for that fiscal year;
(2) first provides an increase or decrease in revenues during that
fiscal year;
(3) provides an increase or decrease in the public debt limit to
become effective during that fiscal year;
(4) in the Senate only, first provides new entitlement authority for
that fiscal year; or
(5) in the Senate only, first provides for an increase or decrease in
outlays for that fiscal year.
(b) Exceptions in the House.--In the House of Representatives,
subsection (a) of this section does not apply--
(1)(A) to any bill or joint resolution, as reported, providing
advance discretionary new budget authority that first becomes available
for the first or second fiscal year after the budget year; or
(B) to any bill or joint resolution, as reported, first increasing or
decreasing revenues in a fiscal year following the fiscal year to which
the concurrent resolution applies;
(2) after May 15, to any general appropriation bill or amendment
thereto; or
(3) to any bill or joint resolution unless it is reported by a
Committee.
* * * * *
permissible revisions of concurrent resolutions on the budget [2 U.S.C.
635]
Sec. 304. At any time after the concurrent resolution on the budget for
a fiscal year has been agreed to pursuant to section 301, and before the
end of such fiscal year, the two Houses may adopt a concurrent resolution
on the budget which revises or reaffirms the concurrent resolution on the
budget for such fiscal year most recently agreed to.
[The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) deleted
subsection (b), relating to maximum deficit amount requirements for
revised budget resolutions, that had been added by the Balanced Budget
and Emergency Deficit Control Act of 1985 (tit. II, P.L. 99-177), and
redesignated the subsection on economic assumptions, originally added
by Public Law 100-119, as (b). The latter subsection (b) was deleted by
the Budget Enforcement Act of 1997 (sec. 10108, P.L. 105-33).]
provisions relating to the consideration of concurrent resolutions on the
budget [2 U.S.C. 636]
Sec. 305. (a) Procedure in House After Report of Committee; Debate.--
(1) When a concurrent resolution on the budget has been reported by
the Committee on the Budget of the House of Representatives and has
been referred to the appropriate calendar of the House, it shall be in
order on any day thereafter, subject to clause 2(l)(6) of rule XI of
the Rules of the House of Representatives, to move to proceed to the
consideration of the concurrent resolution. The motion is highly
privileged and is not debatable. An amendment to the motion is not in
order and it is not in order to move to reconsider the vote by which
the motion is agreed to or disagreed to.
* * * * *
house committee action on all appropriation bills to be completed by June
10 [2 U.S.C. 638]
Sec. 307. On or before June 10 of each year, the Committee on
Appropriations of the House of Representatives shall report annual
appropriation bills providing new budget authority under the jurisdiction
of all of its subcommittees for the fiscal year which begins on October 1
of that year.
[This section was rewritten by the Balanced Budget and Emergency
Deficit Control Act of 1985 (tit. II, P.L. 99-177) to establish June 10
as the annual target date for completion of House Committee action on
all regular appropriation bills.]
reports, summaries, and projections of congressional budget actions [2
U.S.C. 639]
Sec. 308. (a) Legislation Providing New Budget Authority or Providing
Increase or Decrease in Revenues or Tax Expenditures.--
(1) Whenever a Committee of either House reports to its House a bill
or joint resolution, or Committee amendment thereto, providing new
budget authority (other than continuing appropriations) or providing an
increase or decrease in revenues or tax expenditures for a fiscal year
(or fiscal years), the report accompanying that bill or joint
resolution shall contain a statement, or the Committee shall make
available such a statement in the case of an approved Committee
amendment which is not reported to its House, prepared after
consultation with the Director of the Congressional Budget Office--
(A) comparing the levels in such measure to the appropriate
allocations in the reports submitted under section 302(b) for the
most recently agreed to concurrent resolution on the budget for such
fiscal year (or fiscal years);
(B) containing a projection by the Congressional Budget Office of
how such measure will affect the levels of such budget authority,
budget outlays, revenues, or tax expenditures under existing law for
such fiscal year (or fiscal years) and each of the four ensuing
fiscal years, if timely submitted before such report is filed; and
(C) containing an estimate by the Congressional Budget Office of
the level of new budget authority for assistance to State and local
governments provided by such measure, if timely submitted before such
report is filed.
(2) Whenever a conference report is filed in either House and such
conference report or any amendment reported in disagreement or any
amendment contained in the joint statement of managers to be proposed
by the conferees in the case of technical disagreement on such bill or
joint resolution provides new budget authority (other than continuing
appropriations) or provides an increase or decrease in revenues for a
fiscal year (or fiscal years), the statement of managers accompanying
such conference report shall contain the information described in
paragraph (1), if available on a timely basis. If such information is
not available when the conference report is filed, the Committee shall
make such information available to Members as soon as practicable prior
to the consideration of such conference report.
* * * * *
reconciliation [2 U.S.C. 641]
Sec. 310. (a) Inclusion of Reconciliation Directives in Concurrent
Resolutions on the Budget.--A concurrent resolution on the budget for any
fiscal year, to the extent necessary to effectuate the provisions and
requirements of such resolution, shall--
(1) specify the total amount by which--
(A) new budget authority for such fiscal year;
(B) budget authority initially provided for prior fiscal years;
(C) new entitlement authority which is to become effective during
such fiscal year; and
(D) credit authority for such fiscal year,
contained in laws, bills, and resolutions within the jurisdiction of a
Committee, is to be changed and direct that Committee to determine
and recommend changes to accomplish a change of such total amount;
(2) specify the total amount by which revenues are to be changed and
direct that the committees having jurisdiction to determine and
recommend changes in the revenue laws, bills, and resolutions to
accomplish a change of such total amount;
(3) specify the amounts by which the statutory limit on the public
debt is to be changed and direct the Committee having jurisdiction to
recommend such change; or
(4) specify and direct any combination of the matters described in
paragraphs (1), (2), and (3) (including a direction to achieve deficit
reduction).
(b) Legislative Procedure.--If a concurrent resolution containing
directives to one or more committees to determine and recommend changes
in laws, bills, or resolutions is agreed to in accordance with subsection
(a) of this section, and--
(1) only one Committee of the House or the Senate is directed to
determine and recommend changes, that Committee shall promptly make
such determination and recommendations and report to its House
reconciliation legislation containing such recommendations; or
(2) more than one Committee of the House or the Senate is directed to
determine and recommend changes, each such Committee so directed shall
promptly make such determination and recommendations and submit such
recommendations to the Committee on the Budget of its House, which,
upon receiving all such recommendations, shall report to its House
reconciliation legislation carrying out all such recommendations
without any substantive revision.
For purposes of this subsection, a reconciliation resolution is a
concurrent resolution directing the Clerk of the House of Representatives
or the Secretary of the Senate, as the case may be, to make specified
changes in bills and resolutions which have not been enrolled.
(c) Compliance With Reconciliation Directions.--(1) Any Committee of
the House of Representatives or the Senate that is directed, pursuant to
a concurrent resolution on the budget, to determine and recommend changes
of the type described in paragraphs (1) and (2) of subsection (a) of this
section with respect to laws within its jurisdiction, shall be deemed to
have complied with such directions--
(A) if--
(i) the amount of the changes of the type described in paragraph
(1) of such subsection recommended by such Committee do not exceed or
fall below the amount of the changes such Committee was directed by
such concurrent resolution to recommend under that paragraph by more
than--
(I) in the Senate, 20 percent of the total of the amounts of
the changes such Committee was directed to make under paragraphs
(1) and (2) of such subsection; or
(II) in the House of Representatives, 20 percent of the sum
of the absolute value of the changes the Committee was directed
to make under paragraph (1) and the absolute value of the changes
the Committee was directed to make under paragraph (2); and
(ii) the amount of the changes of the type described in paragraph
(2) of such subsection recommended by such Committee do not exceed or
fall below the amount of the changes such Committee was directed by
such concurrent resolution to recommend under that paragraph by more
than--
(I) in the Senate, 20 percent of the total of the amounts of
the changes such Committee was directed to make under paragraphs
(1) and (2) of such subsection; or
(II) in the House of Representatives, 20 percent of the sum
of the absolute value of the changes the Committee was directed
to make under paragraph (1) and the absolute value of the changes
the Committee was directed to make under paragraph (2); and
(B) if the total amount of the changes recommended by such Committee
is not less than the total of the amounts of the changes such Committee
was directed to make under paragraphs (1) and (2) of such subsection.
(2)(A) Upon the reporting to the Committee on the Budget of the Senate
of a recommendation that shall be deemed to have complied with such
directions solely by virtue of this subsection, the chairman of that
Committee may file with the Senate appropriately revised allocations
under section 302(a) and revised functional levels and aggregates to
carry out this subsection.
(B) Upon the submission to the Senate of a conference report
recommending a reconciliation bill or resolution in which a Committee
shall be deemed to have complied with such directions solely by virtue of
this subsection, the chairman of the Committee on the Budget of the
Senate may file with the Senate appropriately revised allocations under
section 302(a) and revised functional levels and aggregates to carry out
this subsection.
* * * * *
budget-related legislation must be within appropriate levels [2 U.S.C.
642]
Sec. 311. (a) Enforcement of Budget Aggregates.--
(1) In house of representatives.--Except as provided by subsection
(c) of this section, after the Congress has completed action on a
concurrent resolution on the budget for a fiscal year, it shall not be
in order in the House of Representatives to consider any bill, joint
resolution, amendment, motion, or conference report providing new
budget authority or reducing revenues, if--
(A) the enactment of that bill or resolution as reported;
(B) the adoption and enactment of that amendment; or
(C) the enactment of that bill or resolution in the form
recommended in that conference report;
would cause the level of total new budget authority or total outlays
set forth in the applicable concurrent resolution on the budget for
the first fiscal year to be exceeded, or would cause revenues to be
less than the level of total revenues set forth in that concurrent
resolution
for the first fiscal year or for the total of that first fiscal year
and the ensuing fiscal years for which allocations are provided under
section 302(a), except when a declaration of war by the Congress
is in effect.
(2) In senate.--After a concurrent resolution on the budget is agreed
to, it shall not be in order in the Senate to consider any bill, joint
resolution, amendment, motion, or conference report that--
(A) would cause the level of total new budget authority or total
outlays set forth for the first fiscal year in the applicable
resolution to be exceeded; or
(B) would cause revenues to be less than the level of total
revenues set forth for that first fiscal year or for the total of
that first fiscal year and the ensuing fiscal years in the applicable
resolution for which allocations are provided under section 302(a).
* * * * *
(c) Exception in House of Representatives.--Subsection (a)(1) shall not
apply in the House of Representatives to any bill, joint resolution, or
amendment that provides new budget authority for a fiscal year or to any
conference report on any such bill or resolution, if--
(1) the enactment of that bill or resolution as reported;
(2) the adoption and enactment of that amendment; or
(3) the enactment of that bill or resolution in the form recommended
in that conference report;
would not cause the appropriate allocation of new budget authority made
pursuant to section 302(a) for that fiscal year to be exceeded.
* * * * *
determinations and points of order [2 U.S.C. 643]
Sec. 312. (a) Budget Committee Determinations.--For purposes of this
title and title IV, the levels of new budget authority, outlays, direct
spending, new entitlement authority, and revenues for a fiscal year shall
be determined on the basis of estimates made by the Committee on the
Budget of the House of Representatives or the Senate, as applicable.
* * * * *
TITLE IV--FISCAL PROCEDURES [2 U.S.C. Chapter 17A, Subchapter II]
Part A--General Provisions
budget-related legislation not subject to appropriations [2 U.S.C. 651]
Sec. 401. (a) Controls on Certain Budget-related Legislation Not
Subject to Appropriations.--It shall not be in order in either the House
of Representatives or the Senate to consider any bill or joint resolution
(in the House of Representatives only, as reported), amendment, motion,
or conference report that provides--
(1) new authority to enter into contracts under which the United
States is obligated to make outlays;
(2) new authority to incur indebtedness (other than indebtedness
incurred under chapter 31 of title 31) for the repayment of which the
United States is liable; or
(3) new credit authority;
unless that bill, joint resolution, amendment, motion, or conference
report also provides that the new authority is to be effective for any
fiscal year only to the extent or in the amounts provided in advance in
appropriation Acts.
(b) Legislation Providing New Entitlement Authority.--
(1) Point of order.--It shall not be in order in either the House of
Representatives or the Senate to consider any bill or joint resolution
(in the House of Representatives only, as reported), amendment, motion,
or conference report that provides new entitlement authority that is to
become effective during the current fiscal year.
(2) If any Committee of the House of Representatives or the Senate
reports any bill or resolution which provides new entitlement authority
which is to become effective during a fiscal year and the amount of new
budget authority which will be required for such fiscal year if such
bill or resolution is enacted as so reported exceeds the appropriate
allocation of new budget authority reported under section 302(b) in
connection with the most recently agreed to concurrent resolution on
the budget for such fiscal year, such bill or resolution shall then be
referred to the Committee on Appropriations of the Senate or may then
be referred to the Committee on Appropriations of the House, as the
case may be, with instructions to report it, with the Committee's
recommendations, within 15 calendar days (not counting any day on which
that House is not in session) beginning with the day following the day
on which it is so referred. If the Committee on Appropriations of
either House fails to report a bill or resolution referred to it under
this paragraph within such 15-day period, the Committee shall
automatically be discharged from further consideration of such bill or
resolution and such bill or resolution shall be placed on the
appropriate calendar.
(3) The Committee on Appropriations of each House shall have
jurisdiction to report any bill or resolution referred to it under
paragraph (2) with an amendment which limits the total amount of new
spending authority provided in such bill or resolution.
(c) Exceptions.--
(1) Subsections (a) and (b) of this section shall not apply to new
authority described in those subsections if outlays from that new
authority [will] \2\ flow--
---------------------------------------------------------------------------
\2\ Paragraph (4)(A) of section 10116(a) of Public Law 105-33 amended
this provision as shown above. However, the word ``will'' probably should
have appeared in the matter proposed to be stricken by that public law.
(A) from a trust fund established by the Social Security Act (as in
effect on July 12, 1974 [42 U.S.C. 301 et seq.]); or
(B) from any other trust fund, 90 percent or more of the receipts
of which consist or will consist of amounts (transferred from the
general fund of the Treasury) equivalent to amounts of taxes (related
to the purposes for which such outlays are or will be made) received
in the Treasury under specified provisions of the Internal Revenue
Code of 1986 [26 U.S.C. 1 et seq.].
(2) Subsections (a) and (b) of this section shall not apply to new
authority described in those subsections to the extent that--
(A) the outlays resulting therefrom are made by an organization
which is (i) a mixed-ownership Government corporation (as defined in
section 201 of the Government Corporation Control Act), or (ii) a
wholly owned Government corporation (as defined in section 101 of
such Act) which is specifically exempted by law from compliance with
any or all of the provisions of that Act, as of December 12, 1985
[the date of enactment of the Balanced Budget and Emergency Deficit
Control Act of 1985]; or
(B) the outlays resulting therefrom consist exclusively of the
proceeds of gifts or bequests made to the United States for a
specific purpose.
* * * * *
analysis by congressional budget office [2 U.S.C. 653]
Sec. 402. The Director of the Congressional Budget Office shall, to the
extent practicable, prepare for each bill or resolution of a public
character reported by any Committee of the House of Representatives or
the Senate (except the Committee on Appropriations of each House), and
submit to such committee--
(1) an estimate of the costs which would be incurred in carrying out
such bill or resolution in the fiscal year in which it is to become
effective and in each of the 4 fiscal years following such fiscal year,
together with the basis for each such estimate;
(2) a comparison of the estimates of costs described in paragraph (1)
with any available estimates of costs made by such Committee or by any
Federal agency; and
(3) a description of each method for establishing a Federal financial
commitment contained in such bill or resolution.
The estimates, comparison, and description so submitted shall be included
in the report accompanying such bill or resolution if timely submitted to
such Committee before such report is filed.
[The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
II, P.L. 99-177) amended this section by adding paragraph (4) to
subsection (a), along with a conforming change to the second sentence
of that subsection. Public Law 97-108 previously amended section 403 by
adding subsections (a)(2), (b), and (c). The Unfunded Mandates Reform
Act of 1995 deleted from this section a requirement that the Director
estimate costs incurred by State and local governments, in favor of a
more particularized requirement in section 424, infra (sec. 104, P.L.
104-4; 109 Stat. 62). The Budget Enforcement Act of 1997 (sec. 10116,
P.L. 105-33) redesignated this section, formerly section 403, as
section 402. A Committee cost estimate identifying certain spending
authority as recurring annually and indefinitely was held necessarily
to address the five-year period required by section 308 (Nov. 20, 1993,
p. 31354).]
* * * * *
study by the government accountability office of forms of federal
financial commitment not reviewed annually by
congress [2 U.S.C. 654]
Sec. 404. The Government Accountability Office shall study those
provisions of law which provide mandatory spending and report to the
Congress its recommendations for the appropriate form of financing for
activities or programs financed by such provisions not later than
eighteen months after December 12, 1985. Such report shall be revised
from time to time.
[This section, formerly section 405, was redesignated by the Budget
Enforcement Act of 1997 (sec. 10116(c)(1), P.L. 105-33).]
off-budget agencies, programs, and activities [2 U.S.C. 655]
Sec. 405. (a) Notwithstanding any other provision of law, budget
authority, credit authority, and estimates of outlays and receipts for
activities of the Federal budget which are off-budget immediately prior
to December 12, 1985, not including activities of the Federal Old-Age and
Survivors Insurance and Federal Disability Insurance Trust Funds, shall
be included in a budget submitted pursuant to section 1105 of title 31,
and in a concurrent resolution on the budget reported pursuant to section
301 or section 304 of this Act and shall be considered, for purposes of
this Act, budget authority, outlays, and spending authority in accordance
with definitions set forth in this Act.
(b) All receipts and disbursements of the Federal Financing Bank with
respect to any obligations which are issued, sold, or guaranteed by a
Federal agency shall be treated as a means of financing such agency for
purposes of section 1105 of title 31, and for purposes of this Act.
[This section, formerly section 406, was redesignated by the Budget
Enforcement Act of 1997 (sec. 10116(c)(1), P.L. 105-33).]
member user group [2 U.S.C. 656]
Sec. 406. The Speaker of the House of Representatives, after consulting
with the Minority Leader of the House, may appoint a Member User Group
for the purpose of reviewing budgetary scorekeeping rules and practices
of the House and advising the Speaker from time to time on the effect and
impact of such rules and practices.
[The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
II, sec. 214, P.L. 99-177) added sections 405, 406, and 407 as new
sections at the end of title IV. This section, formerly section 407,
was redesignated by the Budget Enforcement Act of 1997 (tit. X, sec.
10116(c)(1), P.L. 105-33).]
* * * * *
Part B--Federal Mandates
definitions [2 U.S.C. 658]
Sec. 421. Definitions.--For purposes of this part:
(1) Agency.--The term ``agency'' has the same meaning as defined in
section 551(1) of title 5, but does not include independent regulatory
agencies.
(2) Amount.--The term ``amount'', with respect to an authorization of
appropriations for Federal financial assistance, means the amount of
budget authority for any Federal grant assistance program or any
Federal program providing loan guarantees or direct loans.
(3) Direct costs.--The term ``direct costs''--
(A)(i) in the case of a Federal intergovernmental mandate, means
the aggregate estimated amounts that all State, local, and tribal
governments would be required to spend or would be prohibited from
raising in revenues in order to comply with the Federal
intergovernmental mandate; or
(ii) in the case of a provision referred to in paragraph
(5)(A)(ii), means the amount of Federal financial assistance
eliminated or reduced;
(B) in the case of a Federal private sector mandate, means the
aggregate estimated amounts that the private sector will be required
to spend in order to comply with the Federal private sector mandate;
(C) shall be determined on the assumption that--
(i) State, local, and tribal governments, and the private sector
will take all reasonable steps necessary to mitigate the costs
resulting from the Federal mandate, and will comply with
applicable standards of practice and conduct established by recog-
nized professional or trade associations; and
(ii) reasonable steps to mitigate the costs shall not include
increases in State, local, or tribal taxes or fees; and
(D) shall not include--
(i) estimated amounts that the State, local, and tribal govern-
ments (in the case of a Federal intergovernmental mandate) or
the private sector (in the case of a Federal private sector
mandate)
would spend--
(I) to comply with or carry out all applicable Federal, State,
local, and tribal laws and regulations in effect at the time
of the adoption of the Federal mandate for the same activity
as is affected by that Federal mandate; or
(II) to comply with or carry out State, local, and tribal
govern-
mental programs, or private-sector business or other activities
in effect at the time of the adoption of the Federal mandate
for the same activity as is affected by that mandate; or
(ii) expenditures to the extent that such expenditures will be
offset by any direct savings to the State, local, and tribal
govern-
ments, or by the private sector, as a result of--
(I) compliance with the Federal mandate; or
(II) other changes in Federal law or regulation that are
enacted
or adopted in the same bill or joint resolution or
proposed or final Federal regulation and that govern the same
activity as is affected by the Federal mandate.
(4) Direct savings.--The term ``direct savings'', when used with
respect to the result of compliance with the Federal mandate--
(A) in the case of a Federal intergovernmental mandate, means the
aggregate estimated reduction in costs to any State, local, or tribal
government as a result of compliance with the Federal
intergovernmental mandate; and
(B) in the case of a Federal private sector mandate, means the
aggregate estimated reduction in costs to the private sector as a
result of compliance with the Federal private sector mandate.
(5) Federal intergovernmental mandate.--The term ``Federal
intergovernmental mandate'' means--
(A) any provision in legislation, statute, or regulation that--
(i) would impose an enforceable duty upon State, local, or tribal
governments, except--
(I) a condition of Federal assistance; or
(II) a duty arising from participation in a voluntary Federal
program, except as provided in subparagraph (B); or
(ii) would reduce or eliminate the amount of authorization of
appropriations for--
(I) Federal financial assistance that would be provided to
State,
local, or tribal governments for the purpose of complying with
any such previously imposed duty unless such duty is reduced
or eliminated by a corresponding amount; or
(II) the control of borders by the Federal Government; or
reimbursement to State, local, or tribal governments for the
net cost associated with illegal, deportable, and excludable
aliens,
including court-mandated expenses related to emergency health
care, education or criminal justice; when such a reduction or
elimination would result in increased net costs to State, local,
or tribal governments in providing education or emergency
health care to, or incarceration of, illegal aliens; except that
this subclause shall not be in effect with respect to a State,
local, or tribal government, to the extent that such government
has not fully cooperated in the efforts of the Federal Government
to locate, apprehend, and deport illegal aliens;
(B) any provision in legislation, statute, or regulation that
relates to a then-existing Federal program under which $500,000,000
or more is provided annually to State, local, and tribal governments
under entitlement authority, if the provision--
(i)(I) would increase the stringency of conditions of assistance
to State, local, or tribal governments under the program; or
(II) would place caps upon, or otherwise decrease, the Federal
Government's responsibility to provide funding to State, local, or
tribal governments under the program; and
(ii) the State, local, or tribal governments that participate in
the Federal program lack authority under that program to amend
their financial or programmatic responsibilities to continue prov-
iding required services that are affected by the legislation,
statute,
or regulation.
(6) Federal mandate.--The term ``Federal mandate'' means a Federal
intergovernmental mandate or a Federal private sector mandate, as
defined in paragraphs (5) and (7).
(7) Federal private sector mandate.--The term ``Federal private
sector mandate'' means any provision in legislation, statute, or
regulation that--
(A) would impose an enforceable duty upon the private sector
except--
(i) a condition of Federal assistance; or
(ii) a duty arising from participation in a voluntary Federal
program; or
(B) would reduce or eliminate the amount of authorization of
appropriations for Federal financial assistance that will be provided
to the private sector for the purposes of ensuring compliance with
such duty.
(8) Local government.--The term ``local government'' has the same
meaning as defined in section 6501(6) of title 31.
(9) Private sector.--The term ``private sector'' means all persons or
entities in the United States, including individuals, partnerships,
associations, corporations, and educational and nonprofit institutions,
but shall not include State, local, or tribal governments.
(10) Regulation; rule.--The term ``regulation'' or ``rule'' (except
with respect to a rule of either House of the Congress) has the meaning
of ``rule'' as defined in section 601(2) of title 5.
(11) Small government.--The term ``small government'' means any small
governmental jurisdictions defined in section 601(5) of title 5, and
any tribal government.
(12) State.--The term ``State'' has the same meaning as defined in
section 6501(9) of title 31.
(13) Tribal government.--The term ``tribal government'' means any
Indian tribe, band, nation, or other organized group or community,
including any Alaska Native village or regional or village corporation
as defined in or established pursuant to the Alaska Native Claims
Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.) which is
recognized as eligible for the special programs and services provided
by the United States to Indians because of their special status as
Indians.
exclusions [2 U.S.C. 658a]
Sec. 422 Exclusions. This part shall not apply to any provision in a
bill, joint resolution, amendment, motion, or conference report before
Congress that--
(1) enforces constitutional rights of individuals;
(2) establishes or enforces any statutory rights that prohibit
discrimination on the basis of race, color, religion, sex, national
origin, age, handicap, or disability;
(3) requires compliance with accounting and auditing procedures with
respect to grants or other money or property provided by the Federal
Government;
(4) provides for emergency assistance or relief at the request of any
State, local, or tribal government or any official of a State, local,
or tribal government;
(5) is necessary for the national security or the ratification or
implementation of international treaty obligations;
(6) the President designates as emergency legislation and that the
Congress so designates in statute; or
(7) relates to the old-age, survivors, and disability insurance
program under title II of the Social Security Act (including taxes
imposed by sections 3101(a) and 3111(a) of the Internal Revenue Code of
1986 [42 U.S.C. 401 et seq.] (relating to old-age, survivors, and
disability insurance).
duties of congressional committees [2 U.S.C. 658b]
Sec. 423. Duties of Congressional Committees.--(a) In General.--When a
Committee of authorization of the Senate or the House of Representatives
reports a bill or joint resolution of public character that includes any
Federal mandate, the report of the Committee accompanying the bill or
joint resolution shall contain the information required by subsections
(c) and (d) of this section.
(b) Submission of Bills to Director.--When a Committee of authorization
of the Senate or the House of Representatives orders reported a bill or
joint resolution of a public character, the Committee shall promptly
provide the bill or joint resolution to the Director of the Congressional
Budget Office and shall identify to the Director any Federal mandates
contained in the bill or resolution.
(c) Reports on Federal Mandates.--Each report described under
subsection (a) of this section shall contain--
(1) an identification and description of any Federal mandates in the
bill or joint resolution, including the direct costs to State, local,
and tribal governments, and to the private sector, required to comply
with the Federal mandates;
(2) a qualitative, and if practicable, a quantitative assessment of
costs and benefits anticipated from the Federal mandates (including the
effects on health and safety and the protection of the natural
environment); and
(3) a statement of the degree to which a Federal mandate affects both
the public and private sectors and the extent to which Federal payment
of public sector costs or the modification or termination of the
Federal mandate as provided under section 425(a)(2) would affect the
competitive balance between State, local, or tribal governments and the
private sector including a description of the actions, if any, taken by
the Committee to avoid any adverse impact on the private sector or the
competitive balance between the public sector and the private sector.
(d) Intergovernmental Mandates.--If any of the Federal mandates in the
bill or joint resolution are Federal intergovernmental mandates, the
report required under subsection (a) of this section shall also contain--
(1)(A) a statement of the amount, if any, of increase or decrease in
authorization of appropriations under existing Federal financial
assistance programs, or of authorization of appropriations for new
Federal financial assistance, provided by the bill or joint resolution
and usable for activities of State, local, or tribal governments
subject to the Federal intergovernmental mandates;
(B) a statement of whether the Committee intends that the Federal
intergovernmental mandates be partly or entirely unfunded, and if so,
the reasons for that intention; and
(C) if funded in whole or in part, a statement of whether and how the
Committee has created a mechanism to allocate the funding in a manner
that is reasonably consistent with the expected direct costs among and
between the respective levels of State, local, and tribal government;
and
(2) any existing sources of Federal assistance in addition to those
identified in paragraph (1) that may assist State, local, and tribal
governments in meeting the direct costs of the Federal
intergovernmental mandates; \3\
---------------------------------------------------------------------------
\3\ Subsection (d)(3) was added by Pub. L. 106-141 2(a).
---------------------------------------------------------------------------
(3) if the bill or joint resolution would make the reduction
specified in section 421(5)(B)(i)(II), a statement of how the committee
specifically intends the States to implement the reduction and to what
extent the legislation provides additional flexibility, if any, to
offset the reduction.
(e) Preemption Clarification and Information.--When a Committee of
authorization of the Senate or the House of Representatives reports a
bill or joint resolution of public character, the Committee report
accompanying the bill or joint resolution shall contain, if relevant to
the bill or joint resolution, an explicit statement on the extent to
which the bill or joint resolution is intended to preempt any State,
local, or tribal law, and, if so, an explanation of the effect of such
preemption.
(f) Publication of Statement From Director.--
(1) In general.--Upon receiving a statement from the Director under
section 424, a Committee of the Senate or the House of Representatives
shall publish the statement in the Committee report accompanying the
bill or joint resolution to which the statement relates if the
statement is available at the time the report is printed.
(2) Other publication of statement of director.--If the statement is
not published in the report, or if the bill or joint resolution to
which the statement relates is expected to be considered by the Senate
or the House of Representatives before the report is published, the
Committee shall cause the statement, or a summary thereof, to be
published in the Congressional Record in advance of floor consideration
of the bill or joint resolution.
duties of director; statements on bills and joint resolutions other than
appropriations bills and joint resolutions
[2 U.S.C. 658c]
Sec. 424. Duties of Director; Statements on Bills and Joint Resolutions
Other Than Appropriations Bills and Joint Resolutions.--(a) Federal
Intergovernmental Mandates in Reported Bills and Resolutions.--For each
bill or joint resolution of a public character reported by any Committee
of authorization of the Senate or the House of Representatives, the
Director of the Congressional Budget Office shall prepare and submit to
the Committee a statement as follows:
(1) Contents.--If the Director estimates that the direct cost of all
Federal intergovernmental mandates in the bill or joint resolution will
equal or exceed $50,000,000 (adjusted annually for inflation) in the
fiscal year in which any Federal intergovernmental mandate in the bill
or joint resolution (or in any necessary implementing regulation) would
first be effective or in any of the 4 fiscal years following such
fiscal year, the Director shall so state, specify the estimate, and
briefly explain the basis of the estimate.
(2) Estimates.--Estimates required under paragraph (1) shall include
estimates (and brief explanations of the basis of the estimates) of--
(A) the total amount of direct cost of complying with the Federal
intergovernmental mandates in the bill or joint resolution;
(B) if the bill or resolution contains an authorization of
appropriations under section 425(a)(2)(B), the amount of new budget
authority for each fiscal year for a period not to exceed 10 years
beyond the effective date necessary for the direct cost of the
intergovernmental mandate; and
(C) the amount, if any, of increase in authorization of
appropriations under existing Federal financial assistance programs,
or of authorization of appropriations for new Federal financial
assistance, provided by the bill or joint resolution and usable by
State, local, or tribal governments for activities subject to the
Federal intergovernmental mandates.\4\
---------------------------------------------------------------------------
\4\ Subsection (a)(3) was redesignated as (a)(4) and the new (a)(3) was
added by Pub. L. 106-141, 2(a).
(3) Additional flexibility information.--The Director shall include
in the statement submitted under this subsection, in the case of
legislation that makes changes as described in section
---------------------------------------------------------------------------
421(5)(B)(i)(II)--
(A) if no additional flexibility is provided in the legislation, a
description of whether and how the States can offset the reduction
under existing law; or
(B) if additional flexibility is provided in the legislation,
whether the resulting savings would offset the reductions in that
program assuming the States fully implement that additional
flexibility.
(4) Estimate not feasible.--If the Director determines that it is not
feasible to make a reasonable estimate that would be required under
paragraphs (1) and (2), the Director shall not make the estimate, but
shall report in the statement that the reasonable estimate cannot be
made and shall include the reasons for that determination in the
statement. If such determination is made by the Director, a point of
order under this part shall lie only under section 425(a)(1) and as if
the requirement of section 425(a)(1) had not been met.
(b) Federal Private Sector Mandates in Reported Bills and Joint
Resolutions.--For each bill or joint resolution of a public character
reported by any Committee of authorization of the Senate or the House of
Representatives, the Director of the Congressional Budget Office shall
prepare and submit to the Committee a statement as follows:
(1) Contents.--If the Director estimates that the direct cost of all
Federal private sector mandates in the bill or joint resolution will
equal or exceed $100,000,000 (adjusted annually for inflation) in the
fiscal year in which any Federal private sector mandate in the bill or
joint resolution (or in any necessary implementing regulation) would
first be effective or in any of the 4 fiscal years following such
fiscal year, the Director shall so state, specify the estimate, and
briefly explain the basis of the estimate.
(2) Estimates.--Estimates required under paragraph (1) shall include
estimates (and a brief explanation of the basis of the estimates) of--
(A) the total amount of direct costs of complying with the Federal
private sector mandates in the bill or joint resolution; and
(B) the amount, if any, of increase in authorization of
appropriations under existing Federal financial assistance programs,
or of authorization of appropriations for new Federal financial
assistance, provided by the bill or joint resolution usable by the
private sector for the activities subject to the Federal private
sector mandates.
(3) Estimate not feasible.--If the Director determines that it is not
feasible to make a reasonable estimate that would be required under
paragraphs (1) and (2), the Director shall not make the estimate, but
shall report in the statement that the reasonable estimate cannot be
made and shall include the reasons for that determination in the
statement.
(c) Legislation Falling Below Direct Costs Thresholds.--If the Director
estimates that the direct costs of a Federal mandate will not equal or
exceed the thresholds specified in subsections (a) and (b) of this
section, the Director shall so state and shall briefly explain the basis
of the estimate.
(d) Amended Bills and Joint Resolutions; Conference Reports.--If a bill
or joint resolution is passed in an amended form (including if passed by
one House as an amendment in the nature of a substitute for the text of a
bill or joint resolution from the other House) or is reported by a
Committee of conference in amended form, and the amended form contains a
Federal mandate not previously considered by either House or which
contains an increase in the direct cost of a previously considered
Federal mandate, then the Committee of conference shall ensure, to the
greatest extent practicable, that the Director shall prepare a statement
as provided in this subsection or a supplemental statement for the bill
or joint resolution in that amended form.
legislation subject to point of order [2 U.S.C. 658d]
Sec. 425. Legislation Subject to Point of Order.--(a) In General.--It
shall not be in order in the Senate or the House of Representatives to
consider--
(1) any bill or joint resolution that is reported by a Committee
unless the Committee has published a statement of the Director on the
direct costs of Federal mandates in accordance with section 423(f)
before such consideration, except this paragraph shall not apply to any
supplemental statement prepared by the Director under section 424(d);
and
(2) any bill, joint resolution, amendment, motion, or conference
report that would increase the direct costs of Federal
intergovernmental mandates by an amount that causes the thresholds
specified in section 424(a)(1) to be exceeded, unless--
(A) the bill, joint resolution, amendment, motion, or conference
report provides new budget authority or new entitlement authority in
the House of Representatives or direct spending authority in the
Senate for each fiscal year for such mandates included in the bill,
joint resolution, amendment, motion, or conference report in an
amount equal to or exceeding the direct costs of such mandate; or
(B) the bill, joint resolution, amendment, motion, or conference
report includes an authorization for appropriations in an amount
equal to or exceeding the direct costs of such mandate, and--
(i) identifies a specific dollar amount of the direct costs of
such mandate for each year up to 10 years during which such
mandate shall be in effect under the bill, joint resolution, amend-
ment, motion or conference report, and such estimate is consistent
with the estimate determined under subsection (e) for each fiscal
year;
(ii) identifies any appropriation bill that is expected to
provide
for Federal funding of the direct cost referred to under clause
(i); and
(iii)(I) provides that for any fiscal year the responsible
Federal
agency shall determine whether there are insufficient
appropriations
for that fiscal year to provide for the direct costs under clause
(i) of such mandate, and shall (no later than 30 days after
the beginning of the fiscal year) notify the appropriate
authorizing
committees of Congress of the determination and submit either--
(aa) a statement that the agency has determined, based on
a re-estimate of the direct costs of such mandate, after
consulta-
tion with State, local, and tribal governments, that the amount
appropriated is sufficient to pay for the direct costs of
such mandate; or
(bb) legislative recommendations for either implementing a
less costly mandate or making such mandate ineffective for the
fiscal year;
(II) provides for expedited procedures for the consideration of
the statement or legislative recommendations referred to in sub-
clause (I) by Congress no later than 30 days after the statement
or recommendations are submitted to Congress; and
(III) provides that such mandate shall--
(aa) in the case of a statement referred to in subclause
(I)(aa),
cease to be effective 60 days after the statement is submitted
unless Congress has approved the agency's determination by
joint resolution during the 60-day period;
(bb) cease to be effective 60 days after the date the
legislative
recommendations of the responsible Federal agency are submitted
to Congress under subclause (I)(bb) unless Congress provides
otherwise by law; or
(cc) in the case that such mandate that has not yet taken
effect, continue not to be effective unless Congress provides
otherwise by law.
(b) Rule of Construction.--The provisions of subsection (a)(2)(B)(iii)
of this section shall not be construed to prohibit or otherwise restrict
a State, local, or tribal government from voluntarily electing to remain
subject to the original Federal intergovernmental mandate, complying with
the programmatic or financial responsibilities of the original Federal
intergovernmental mandate and providing the funding necessary consistent
with the costs of Federal agency assistance, monitoring, and enforcement.
* * * * *
provisions relating to house of representatives [2 U.S.C. 658e]
Sec. 426. Provisions Relating to House of Representatives.--(a)
Enforcement in the House of Representatives.--It shall not be in order in
the House of Representatives to consider a rule or order that waives the
application of section 425.
(b) Disposition of Points of Order.--
(1) Application to house of representatives.--This subsection shall
apply only to the House of Representatives.
(2) Threshold burden.--In order to be cognizable by the Chair, a
point of order under section 425 or subsection (a) of this section must
specify the precise language on which it is premised.
(3) Question of consideration.--As disposition of points of order
under section 425 or subsection (a) of this section, the Chair shall
put the question of consideration with respect to the proposition that
is the subject of the points of order.
(4) Debate and intervening motions.--A question of consideration
under this section shall be debatable for 10 minutes by each Member
initiating a point of order and for 10 minutes by an opponent on each
point of order, but shall otherwise be decided without intervening
motion except one that the House adjourn or that the Committee of the
Whole rise, as the case may be.
(5) Effect on amendment in order as original text.--The disposition
of the question of consideration under this subsection with respect to
a bill or joint resolution shall be considered also to determine the
question of consideration under this subsection with respect to an
amendment made in order as original text.
* * * * *
clarification of application [2 U.S.C. 658e]
Sec. 428. Clarification of Application.--(a) In General.--This part
applies to any bill, joint resolution, amendment, motion, or conference
report that reauthorizes appropriations, or that amends existing
authorizations of appropriations, to carry out any statute, or that
otherwise amends any statute, only if enactment of the bill, joint
resolution, amendment, motion, or conference report--
(1) would result in a net reduction in or elimination of
authorization of appropriations for Federal financial assistance that
would be provided to State, local, or tribal governments for use for
the purpose of complying with any Federal intergovernmental mandate, or
to the private sector for use to comply with any Federal private sector
mandate, and would not eliminate or reduce duties established by the
Federal mandate by a corresponding amount; or
(2) would result in a net increase in the aggregate amount of direct
costs of Federal intergovernmental mandates or Federal private sector
mandates other than as described in paragraph (1).
(b) Direct Costs.--
(1) In general.--For purposes of this part, the direct cost of the
Federal mandates in a bill, joint resolution, amendment, motion, or
conference report that reauthorizes appropriations, or that amends
existing authorizations of appropriations, to carry out a statute, or
that otherwise amends any statute, means the net increase, resulting
from enactment of the bill, joint resolution, amendment, motion, or
conference report, in the amount described under paragraph (2)(A) over
the amount described under paragraph (2)(B).
(2) Amounts.--The amounts referred to under paragraph (1) are--
(A) the aggregate amount of direct costs of Federal mandates that
would result under the statute if the bill, joint resolution,
amendment, motion, or conference report is enacted; and
(B) the aggregate amount of direct costs of Federal mandates that
would result under the statute if the bill, joint resolution,
amendment, motion, or conference report were not enacted.
(3) Extension of authorization of appropriations.--For purposes of
this section, in the case of legislation to extend authorization of
appropriations, the authorization level that would be provided by the
extension shall be compared to the authorization level for the last
year in which authorization of appropriations is already provided.
* * * * *