[Congressional Record Volume 141, Number 13 (Monday, January 23, 1995)]
[Extensions of Remarks]
[Page E156]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


 AMENDING HOUSE RULES TO PERMIT CHAIRMEN TO SCHEDULE COMMITTEE HEARINGS

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                        HON. GERALD B.H. SOLOMON

                              of new york

                    in the house of representatives

                        Monday, January 23, 1995
  Mr. SOLOMON. Mr. Speaker, today I am introducing a change in House 
rules designed to restore what has been the practice in this House for 
as long as I have been here, and that is to allow committee, and by 
implication, subcommittee, chairmen to schedule hearings of their 
committees and subcommittees.
  Clause 2(g)(3) of House rule XI requires each committee to announce 
hearings a week in advance unless the committee determines there is 
good cause to schedule a hearing sooner. While it has been the standing 
practice of committees to defer to the discretion of their chairmen to 
make this decision in setting hearings, according to the 
Parliamentarian's Office, committee should mean committee. Under clause 
2(g)(5) of rule XI, if a point of order is made against any improper 
hearing procedure in a timely manner in committee, and is improperly 
overruled or not considered, then it may be renewed on the floor 
against consideration of the bill that was the subject of the improper 
hearing.
  Such an instance has arisen already in this Congress, and, as far as 
we can determine, is the first time that a chairman's authority to 
schedule hearings has been challenged. As a result, we will have to 
waive that point of order to consider the bill in question.
  Mr. Speaker, in checking on the legislative history behind this rule, 
there is no explanation as to why the word ``committee'' is used 
regarding the announcement of hearings as opposed to ``chairman.'' The 
fact is that clause 2(c)(1) of rule XI already authorizes committee 
chairmen to call committee meetings without any prescribed advance 
notice. Certainly committee meetings, at which bills are marked-up and 
reported, are far more important than hearings.
  Finally, Mr. Speaker, I would think that Members would want to 
encourage chairmen to hold hearings as opposed to not doing so for fear 
of inviting points of order; or, in the alternative, of having to 
convene a committee meeting with a quorum present to first authorize 
any hearing.
  It would be my expectation that committee chairmen would not abuse 
this new rule by calling spur of the moment hearings under their 
authority to give less than a week's notice, and that this will only be 
done in the most urgent of circumstances.
  But I do think it is important that we allow committees to proceed 
with hearings on measures whenever possible, and that we not put 
obstacles in the way of chairmen who want to hold hearings prior to 
marking-up and reporting legislation.
  I intend to hold a markup on this rule change later this week so that 
we can proceed in an orderly fashion with hearings in this Congress.
  The text of the resolution follows:
                               H. Res. 43
       That, in rule XI of the Rules of the House of 
     Representatives, clause 2(g)(3) is amended clause to read as 
     follows:
       ``(3) The chairman of each committee of the House (except 
     the Committee on Rules) shall make public announcement of the 
     date, place and subject matter of any committee hearing at 
     least one week before the commencement of the hearing. If the 
     chairman of the committee determines that there is good cause 
     to begin the hearing sooner, the chairman shall make the 
     announcement at the earliest possible date. Any announcement 
     made under this subparagraph shall be promptly published in 
     the Daily Digest and promptly entered into the committee 
     scheduling service of the House Information Systems.''.
     

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