[Congressional Record Volume 143, Number 12 (Tuesday, February 4, 1997)]
[House]
[Pages H264-H267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




RULES OF PROCEDURE FOR THE COMMITTEE ON HOUSE OVERSIGHT, 105TH CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from California [Mr. Thomas] is recognized for 5 minutes.
  Mr. THOMAS. Mr. Speaker, pursuant to the requirements of clause 2 of 
rule XI of the Rules of the House of Representatives, I hereby submit 
for publication in the Congressional Record the rules of the Committee 
on House Oversight for the 105th Congress, as adopted by the committee 
in open session on January 8, 1997.

[[Page H265]]

         Rules of Procedure of the Committee on House Oversight


                               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. 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 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 
     Committee is elected 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 meetings
       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.
       (d) To the maximum extent feasible, the Committee shall 
     make its publications available in electronic form.


                               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 one (1) week before the 
     commencement of that hearing. If the chairman of the 
     committee, with the concurrence of the ranking minority 
     member, determines that there is good cause to begin the 
     hearing sooner, or if the committee so determines by majority 
     vote, a quorum being present for the transaction of business, 
     the chairman shall make the announcement at the earliest 
     possible date. The 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 a witness only when they 
     have been recognized by the chairman for that purpose, and 
     only for a 5-minute period until all members present have had 
     an opportunity to question the witness. The 5-minute period 
     for questioning a witness by any one member can be extended 
     as provided by House Rules. 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.
       (e) 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

[[Page H266]]

     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 measures or matters
       (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 to 
     the House 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(l)(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 include a statement citing the specific powers granted 
     to the Congress in the Constitution to enact the law proposed 
     by the bill or joint resolution.
       (e) 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, that member shall be entitled to not less than two 
     additional calendar days after the day of such notice, 
     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 published and available 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.


                              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

[[Page H267]]

     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 spend 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 spend 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) 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. Chairmen 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.

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