[Congressional Record Volume 141, Number 12 (Friday, January 20, 1995)]
[House]
[Pages H464-H466]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


 RULES OF PROCEDURE FOR THE COMMITTEE ON HOUSE OVERSIGHT FOR THE 104TH 
                                CONGRESS

  (Mr. THOMAS asked and was given permission to extend his remarks at 
this point in the Record and to include extraneous matter.)
  Mr. THOMAS. Mr. Speaker, pursuant to and in accordance with clause 
2(a) of rule XI of the Rules of the House of Representatives, I submit 
for publication in the Congressional Record a copy of the rules of the 
Committee on House Oversight for the 104th Congress as approved by the 
committee on January 11, 1994.
  Rules of Procedure of the Committee on House Oversight, One Hundred 
                            Fourth Congress


                     rule no. 1--general provisions

       (a) The Rules of the House are the rules of the committee 
     so far as applicable, except that a motion to recess from day 
     to day is a motion of high privilege in committees.
       (b) The committee is authorized at any time to conduct such 
     investigations and studies as it may consider necessary or 
     appropriate in the exercise of its responsibilities under 
     House Rule X and (subject to the adoption of expense 
     resolutions as required by House Rule XI, clause 5) to incur 
     expenses (including travel expenses) in connection therewith.
       (c) The committee is authorized to have printed and bound 
     testimony and other data presented at hearings held by the 
     committee, and to distribute such information by electronic 
     means; information distributed by electronic means shall also 
     be printed. All costs of stenographic services and 
     transcripts in connection with any meeting or hearing of the 
     committee shall be paid from the appropriate House account.
       (d) The committee shall submit to the House, not later than 
     January 2 of each odd-numbered a year, a report on the 
     activities of the committee under House Rules X and XI during 
     the Congress ending at noon on January 3 of such year.
       (e) The committee's rules shall be published in the 
     Congressional Record not later than 30 days after the 
     Congress convenes in each odd-numbered year.


                rule no. 2--regular and special meetings

       (a) The regular meeting date of the Committee on House 
     Oversight shall be the second Wednesday of every month when 
     the House is in session in accordance with Clause 2(b) of 
     House Rule XI. Additional meetings may be called by the 
     chairman as he may deem necessary or at the request of a 
     majority of the members of the committee in accordance with 
     Clause 2(c) of House Rule XI. The determination of the 
     business to be considered at each meeting shall be made by 
     the chairman subject to Clause 2(c) of House Rule XI. A 
     regularly scheduled meeting need not be held if there is no 
     business to be considered.
       (b) If the chairman of the committee is not present at any 
     meeting of the committee, or at the discretion of the 
     chairman, the vice chairman of the committee shall preside at 
     the meeting. If the chairman and vice chairman of the 
     committee are not present at any meeting of the committee, 
     the ranking member of the majority party who is present shall 
     preside at the meeting.


                        rule no. 3--open meeting

       As required by Clause 2(g), of House Rule XI, each meeting 
     for the transaction of business, including the markup of 
     legislation, of the committee, shall be open to the public 
     except when the committee, in open session and with a quorum 
     present, determines by rollcall vote that all or part of the 
     remainder of the meeting on that day shall be closed to the 
     public because disclosure of matters to be considered would 
     endanger national security, would compromise sensitive law 
     enforcement information, or would tend to defame, degrade or 
     incriminate any person, or otherwise would violate any law or 
     rule of the House: Provided, however, That no person other 
     than members of the committee, and such congressional staff 
     and such departmental representatives as they may authorize, 
     shall be present in any business or markup session which has 
     been closed to the public.


                   rule no. 4--records and rollcalls

       (a) The result of each rollcall vote in any meeting of the 
     committee shall be transmitted for publication in the 
     Congressional Record as soon as possible, but in no case 
     later than two legislative days following such rollcall vote, 
     and shall be made available for inspection by the public at 
     reasonable times at the committee offices, including a 
     description of the amendment, motion, order or other 
     proposition; the name of each member voting for and against; 
     and the members present but not voting.
       (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 
     chairman of the committee; and such records shall be the 
     property of the House and all members of the House shall have 
     access thereto.
       (c) House records of the committee which are at the 
     National Archives shall be made available pursuant to House 
     Rule XXXVI. The chairman of the committee shall notify the 
     ranking minority party member of any decision to withhold a 
     record pursuant to the rule, and shall present the matter to 
     the committee upon written request of any committee member.


                          rule no. 5--proxies

       No vote by any member in the committee may be cast by 
     proxy.


            rule no. 6--power to sit and act; subpoena power

       (a) For the purpose of carrying out any of its functions 
     and duties under House Rules X and XI, the committee, is 
     authorized (subject to subparagraph (b)(1) of this 
     paragraph)--
       (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, memorandums, papers, and 
     documents; as it deems necessary. The chairman of the 
     committee, or any member designated by the chairman, may 
     administer oaths of any witness.
       (b)(1) A subpoena may be authorized and issued by the 
     committee 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. The 
     power to authorize and issue subpoenas under subparagraph 
     (a)(2) may be delegated to the chairman of the committee 
     pursuant to such rules and under such limitations as the 
     committee may prescribe. Authorized subpoenas shall be signed 
     by the chairman of the committee or by any member designated 
     by the committee.
       (2) Compliance with any subpoena issued by the committee 
     may be enforced only as authorized or directed by the House.


                          rule no. 7--quorums

       No measure or recommendation shall be reported to the House 
     unless a majority of the committee is actually present. For 
     the purposes of taking any action other than reporting any 
     measure, issuance of a subpoena, closing meetings, 
     promulgating committee orders, or changing the rules of the 
     committee, the quorum shall be one-third of the members of 
     the committee. For purposes of taking testimony and receiving 
     evidence, two members shall constitute a quorum.


                         rule no. 8--amendments

       Any amendment offered to any pending legislation before the 
     committee must be made available in written form when 
     requested by any member of the committee. If such amendment 
     is not available in written form when requested, the chair 
     will allow an appropriate period of time for the provision 
     thereof.


                     rule no. 9--hearing procedures

       (a) The chairman, in the case of hearings to be conducted 
     by the committee, shall make public announcement of the date, 
     place, and subject matter of any hearing to be conducted on 
     any measure or matter at least 1 week before the commencement 
     of that hearing unless the committee determines that there is 
     good cause to begin such hearing at an earlier date. In the 
     latter event the chairman shall 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 as soon as 
     possible after such public announcement is made.
       (b) Unless excused by the chairman, each witness who is to 
     appear before the committee shall file with the clerk of the 
     committee, at least 48 hours in advance of his or her 
     appearance, a written statement of his or her proposed 
     testimony and shall limit his or her oral presentation to a 
     summary of his or her statement.
       (c) When any hearing is conducted by the committee upon any 
     measure or matter, the minority party members on the 
     committee shall be entitled, upon request to the chairman by 
     a majority of those minority members before the completion of 
     such hearing, to call witnesses selected by the minority to 
     testify with respect to that measure or matter during at 
     least one day of hearings thereon.
       (d) Committee members may question witnesses only when they 
     have been recognized by the chairman for that purpose, and 
     only 
     [[Page H465]] for a 5-minute period until all members present 
     have had an opportunity to question a witness. The 5-minute 
     period for questioning a witness by any one member can be 
     extended only with the unanimous consent of all members 
     present. The questioning of a witness in committee hearings 
     shall be initiated by the chairman, followed by the ranking 
     minority party member and all other members alternating 
     between the majority and minority. In recognizing members to 
     question witnesses in this fashion, the chairman shall take 
     into consideration the ratio of the majority to minority 
     members present and shall establish the order of recognition 
     for questioning in such a manner as not to disadvantage the 
     members of the majority. The chairman may accomplish this by 
     recognizing two majority members for each minority member 
     recognized.
       (f) The following additional rules shall apply to hearings:
       (1) The chairman at a hearing shall announce in an opening 
     statement the subject of the investigation.
       (2) A copy of the committee rules and this clause shall be 
     made available to each witness.
       (3) Witnesses at hearings may be accompanied by their own 
     counsel for the purpose of advising them concerning their 
     constitutional rights.
       (4) The chairman may punish breaches of order and decorum, 
     and of professional ethics on the part of counsel, by censure 
     and exclusion from the hearings; and the committee may cite 
     the offender to the House for contempt.
       (5) If the committee determines that evidence or testimony 
     at a hearing may tend to defame, degrade, or incriminate any 
     person, it shall--
       (A) afford such person an opportunity voluntarily to appear 
     as a witness;
       (B) receive such evidence or testimony in executive 
     session; and
       (C) receive and dispose of requests from such person to 
     subpoena additional witnesses.
       (6) Except as provided in subparagraph (f)(5), the chairman 
     shall receive and the committee shall dispose of requests to 
     subpoena additional witnesses.
       (7) No evidence or testimony taken in executive session may 
     be released or used in public sessions without the consent of 
     the committee.
       (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 pertinency of testimony and evidence adduced at its 
     hearing.
       (9) A witness may obtain a transcript copy of his testimony 
     given at a public session or, if given at an executive 
     session, when authorized by the committee.


      rule no. 10--procedures for reporting bills and resolutions

       (a)(1) It shall be the duty of the chairman of the 
     committee to report or cause to be reported promptly to the 
     House any measure approved by the committee and to take or 
     cause to be taken necessary steps to bring the matter to a 
     vote.
       (2) In any event, the report of the committee on a measure 
     which has been approved by the committee shall be filed 
     within 7 calendar days (exclusive of days on which the House 
     is not in session) after the day on which there has been 
     filed with the clerk of the committee a written request, 
     signed by a majority of the members of the committee, for the 
     reporting of that measure. Upon the filing of any such 
     request, the clerk of the committee shall transmit 
     immediately to the chairman of the committee notice of the 
     filing of that request.
       (b)(1) No measure or recommendation shall be reported from 
     the committee unless a majority of the committee was actually 
     present.
       (2) With respect to each rollcall vote on a motion to 
     report any measure or matter of a public character, and on 
     any amendment offered to the measure or matter, the total 
     number of votes cast for and against, and the names of those 
     members voting for and against, shall be included in the 
     committee report on the measure or matter.
       (c) The report of the committee on a measure which has been 
     approved by the committee shall include--
       (1) the oversight findings and recommendations required 
     pursuant to House Rule X, of clause 2(b)(1) separately set 
     out and clearly identified;
       (2) the statement required by section 308(a)(1) of the 
     Congressional Budget Act of 1974, separately set out and 
     clearly identified, if the measure provides new budget 
     authority or new or increased tax expenditures;
       (3) the estimate and comparison prepared by the Director of 
     the Congressional Budget Office under section 403 of such 
     Act, separately set out and clearly identified, whenever the 
     Director (if timely submitted prior to the filing of the 
     report) has submitted such estimate and comparison to the 
     committee; and
       (4) a summary of the oversight findings and recommendations 
     made by the Committee on Government Reform and Oversight 
     under House Rule XI, clause 2(1)(3)(D) separately set out and 
     clearly identified whenever such findings and recommendations 
     have been submitted to the committee in a timely fashion to 
     allow an opportunity to consider such findings and 
     recommendations during the committee's deliberations on the 
     measure.
       (d) Each report of the committee on each bill or joint 
     resolution of a public character reported by the committee 
     shall contain a detailed analytical statement as to whether 
     the enactment of such bill or joint resolution into law may 
     have an inflationary impact on prices and costs in the 
     operation of the national economy.
       (e) If, at the time of approval of any measure or matter by 
     the committee, any member of the committee gives notice of 
     intention of file supplemental, minority, or additional 
     views, that member shall be entitled to not less than 3 
     calendar days, commencing on the day on which the measure or 
     matter(s) was approved, excluding Saturdays, Sundays, and 
     legal holidays, in which to file such views, in writing and 
     signed by that member, with the clerk of the committee. All 
     such views so filed by one or more members of the committee 
     shall be included within, and shall be a part of, the report 
     filed by the committee with respect to that measure or 
     matter. The report of the committee upon that measure or 
     matter shall be printed in a single volume which--
       (1) shall include all supplemental, minority, or additional 
     views which have been submitted by the time of the filing of 
     the report, and
       (2) shall bear upon its cover a recital that any such 
     supplemental, minority, or additional views (and any material 
     submitted under subparagraphs (c)(3) and (c)(4) are included 
     as part of the report. This subparagraph does not preclude--
       (A) 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
       (B) the filing of any supplemental report upon any measure 
     or matter which may be required for the correction of any 
     technical error in a previous report made by the committee 
     upon that measure or matter.
       (f) If hearings have been held on any such measure or 
     matter so reported, the committee shall make every reasonable 
     effort to have such hearings printed and available for 
     distribution to the members of the House prior to the 
     consideration of such measure or matter in the House.
       (g) The chairman of the committee may designate any member 
     of the committee to act as ``floor manager'' of a bill or 
     resolution during its consideration in the House.


                    rule no. 11--committee oversight

       The committee shall conduct oversight of matters within the 
     jurisdiction of the committee in accordance with House Rule 
     X, clause 2 and clause 4(d)(2). Not later than February 15 of 
     the first session of a Congress, the Committee shall, in a 
     meeting that is open to the public and with a quorum present, 
     adopt its oversight plans for that Congress in accordance 
     with House Rule X, clause 2(d).


   rule no. 12--review of continuing programs; budget act provisions

       (a) The committee shall, in its consideration of all bills 
     and joint resolutions of a public character within its 
     jurisdiction, insure that appropriation 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, 
     requirement, and objectives of the programs and activities 
     involved. For the purposes of this paragraph a Government 
     agency includes the organizational units of government listed 
     in clause 7(c) of Rule XIII of House Rules.
       (b) The committee shall review, from time to time, each 
     continuing program
      within its jurisdictions for which appropriations are not 
     made annually in order to ascertain whether such program 
     could be modified so that appropriations therefor would be 
     made annually.
       (c) The committee shall, on or before February 25 of each 
     year, 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 which 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 which it intends to be effective during that 
     fiscal year.
       (d) As soon as practicable after a concurrent resolution on 
     the budget for any fiscal year is agreed to, the committee 
     (after consulting with the appropriate committee or 
     committees of the Senate) shall subdivide any allocation made 
     to it, the joint explanatory statement accompany the 
     conference report on such resolution, and promptly report 
     such subdivisions to the House, in the manner provided by 
     section 302 of the Congressional Budget Act of 1974.
       (e) 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.
   [[Page H466]] Rule No. 13--BROADCASTING OF COMMITTEE HEARINGS AND 
                                MEETINGS

       Whenever any hearing or meeting conducted by the committee 
     is open to the public, those proceedings shall be open to 
     coverage by television, radio, and still photography, as 
     provided in Clause 3 of House Rule XI, subject to the 
     limitations therein.


                      Rule No. 14--COMMITTEE STAFF

       The staff of the Committee on House Oversight shall be 
     appointed as follows:
       A. The committee staff shall be appointed, except as 
     provided in paragraph (B), and may be removed by the chairman 
     and shall work under the general supervision and direction of 
     the chairman;
       B. All staff provided to the minority party members of the 
     committee shall be appointed, and may be removed, by the 
     Ranking Minority Member of the committee, and shall work 
     under the general supervision and direction of such Member;
       C. The chairman shall fix the compensation of all staff of 
     the committee, after consultation with the Ranking Minority 
     Member regarding any minority party staff, within the budget 
     approved for such purposes for the committee.


                Rule No. 15--TRAVEL OF MEMBERS AND STAFF

       (a) Consistent with the primary expense resolution and such 
     additional expense resolutions as may have been approved, the 
     provisions of this rule shall govern travel of committee 
     members and staff. Travel for any member or any staff member 
     shall be paid only upon the prior authorization of the 
     chairman. Travel may be authorized by the chairman for any 
     member and any staff member in connection with the attendance 
     of hearings conducted by the committee and meetings, 
     conferences, and investigations which involve activities or 
     subject matter under the general jurisdiction of the 
     committee. Before such authorization is given there shall be 
     submitted to the chairman in writing the following:
       (1) The purpose of the travel;
       (2) The dates during which the travel will occur;
       (3) The locations to be visited and the length of time to 
     be spent in each;
       (4) The names of members and staff seeking authorization.
       (b)(1) In the case of travel outside the United States of 
     members and staff of the committee for the purpose of 
     conducting hearings, investigations, studies, or attending 
     meetings and conferences involving activities or subject 
     matter under the legislative assignment of the committee, 
     prior authorization must be obtained from the chairman. 
     Before such authorization is given, there shall be submitted 
     to the chairman, in writing, a request for such 
     authorization. Each request, which shall be filed in a manner 
     that allows for a reasonable period of time for review before 
     such travel is scheduled to begin, shall include the 
     following:
       (A) the purpose of the travel;
       (B) the dates during which the travel will occur;
       (C) the names of the countries to be visited and the length 
     of time to be spent in each;
       (D) an agenda of anticipated activities for each country 
     for which travel is authorized together with a description of 
     the purpose to be served and the areas of committee 
     jurisdiction involved; and
       (E) the names of members and staff for whom authorization 
     is sought.
       (2) Requests for travel outside the United States shall be 
     initiated by the Chairman and shall be limited to members and 
     permanent employees of the committee.
       (3) At the conclusion of any hearing, investigation, study, 
     meeting or conference for which travel outside the United 
     States has been authorized pursuant to this rule, members and 
     staff attending meetings or conferences shall submit a 
     written report to the chairman covering the activities and 
     other pertinent observations or information gained as a 
     result of such travel.
       (c) Members and staff of the committee performing 
     authorized travel on official business shall be governed by 
     applicable laws, resolutions, or regulations of the House and 
     of the Committee on House Oversight pertaining to such 
     travel.


      rule no. 16--powers and duties of subunits of the committee

       The chairman of the committee is authorized to establish 
     appropriately named subunits, such as task forces, composed 
     of members of the committee, for any purpose, measure or 
     matter; one member of each such subunit shall be designated 
     chairman of the subunit by the chairman of the committee. All 
     such subunits shall be considered ad hoc subcommittees of the 
     committee. The rules of the committee shall be the rules of 
     any subunit of the committee, so far as applicable, or as 
     otherwise directed by the chairman of the committee. Each 
     subunit of the committee is authorized to meet, hold 
     hearings, receive evidence, and to require, by subpoena or 
     otherwise, the attendance and testimony of such witnesses and 
     the production of such books, records, correspondence, 
     memorandums, papers, and documents, as it deems necessary, 
     and to report to the full committee on all measures or 
     matters for which it was created. Chairman of subunits of the 
     committee shall set meeting dates with the approval of the 
     chairman of the full committee, with a view toward avoiding 
     simultaneous scheduling of committee and subunit meetings or 
     hearings wherever possible. It shall be the practice of the 
     committee that meetings of subunits not be scheduled to occur 
     simultaneously with meetings of the full committee. In order 
     to ensure orderly and fair assignment of hearing and meeting 
     rooms, hearings and meetings should be arranged in advance 
     with the chairman through the clerk of the committee.


             rule no. 17--other procedures and regulations

       The chairman of the full committee may establish such other 
     procedures and take such actions as may be necessary to carry 
     out the foregoing rules or to facilitate the effective 
     operation of the committee.


           rule no. 18--designation of clerk of the committee

       For the purposes of these rules and the Rules of the House 
     of Representatives, the staff director of the committee shall 
     act as the clerk of the committee.
     

                          ____________________