[Congressional Record Volume 149, Number 41 (Thursday, March 13, 2003)]
[House]
[Pages H1882-H1885]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  PUBLICATION OF THE RULES OF THE COMMITTEE ON HOUSE ADMINISTRATION, 
                             108TH CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Ohio (Mr. Ney) is recognized for 5 minutes.
  Mr. NEY. Mr. Speaker, pursuant to clause 2(a)(2) of Rule XI, I hereby 
submit for the Record the Committee on House Administration's Rules for 
the 108th Congress. The Committee Rules were adopted by the Committee 
on House Administration on February 5, 2003.

             Rules of the Committee on House Administration


                     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 privileged motion in the Committee.
       (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 X, clause 6, 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 
     Administration 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 of the Committee (hereinafter in these rules 
     referred to as 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 may be 
     dispensed with if, in the judgment of the Chairman, there is 
     no need for the meeting.
       (b) If the Chairman 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 record vote that all or part of the 
     remainder of the meeting on that day shall be closed to

[[Page H1883]]

     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 record 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 record 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)(1) Subject to subparagraph (2), the Chairman may 
     postpone further proceedings when a record vote is ordered on 
     the question of approving any measure or matter or adopting 
     an amendment. The Chairman may resume proceedings on a 
     postponed request at any time.
       (2) In exercising postponement authority under subparagraph 
     (1), the Chairman shall take all reasonable steps necessary 
     to notify members on the resumption of proceedings on any 
     postponed record vote.
       (3) 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.
       (c) 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; and such records shall be the property of the House 
     and all members of the House shall have access thereto.
       (d) House records of the Committee which are at the 
     National Archives shall be made available pursuant to House 
     Rule VII. The Chairman 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.
       (e) To the maximum extent feasible, the Committee shall 
     make its publications available in electronic form.
       (f) All Committee resolutions and Committee motions (other 
     than procedural motions) adopted by the Committee during a 
     Congress shall be numbered consecutively.


                          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, or any member 
     designated by the Chairman, may administer others to 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 pursuant to such 
     rules and under such limitations as the Committee may 
     prescribe. Authorized subpoenas shall be signed by the 
     Chairman or by any member designated by the Committee, and 
     may be served by any person designated by the Chairman or 
     such member.
       (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, one-third of the members of the Committee shall 
     constitute a quorum. 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, 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 witnesses 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 a 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 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 (e)(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 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 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 is actually 
     present.
       (2) With respect to each record vote on a motion to report 
     any measure or matter of a

[[Page H1884]]

     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 or matter 
     which has been approved by the Committee shall include the 
     matters required by Clause 3(c) of Rule XIII of the Rules of 
     the House.
       (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 members 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 subparagraph (c) are included as part of the 
     report. This subparagraph does not preclude--
       (A) the immediate filing or printing of the 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.
       (3) shall, when appropriate, contain the documents required 
     by Clause 3(e) of Rule XIII of the Rules of the House.
       (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 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. 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, ensure 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 4(e) of Rule X 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 
     therefore 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 4 of House Rule XI, subject to the 
     limitations therein. Operation and use of any Committee 
     Internet broadcast system shall be fair and nonpartisan and 
     in accordance with Clause 4(b) of rule XI and all other 
     applicable rules of the Committee and the House.


                      rule no. 14: committee staff

       The staff of the Committee on House Administration 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) 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 Administration pertaining to such 
     travel.


      Rule No. 16: POWERS AND DUTIES OF SUBUNITS OF THE COMMITTEE

       The Chairman 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 subunit shall be designated chairman of the subunit by 
     the Chairman. 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. 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

[[Page H1885]]

     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 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.

                          ____________________