[Congressional Record Volume 151, Number 8 (Tuesday, February 1, 2005)]
[House]
[Pages H254-H256]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   PUBLICATION OF THE RULES OF THE COMMITTEE ON RULES, 109TH CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from California (Mr. Dreier) is recognized for 5 minutes.
  Mr. DREIER. Mr. Speaker, in accordance with clause 2 of rule XI of 
the Rules of the House, I am submitting the rules of the Committee on 
Rules for printing in the Congressional Record. On January 25, 2003, 
the Committee on Rules adopted by non-record vote, a quorum being 
present, the following committee rules.

                    RULES OF THE COMMITTEE ON RULES

                     U.S. House of Representatives


                             109th congress

                       Rule 1--General Provisions

       (a) The rules of the House are the rules of the Committee 
     and its subcommittees so far as applicable, 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. 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).
       (b) Each subcommittee is a part of the Committee, and is 
     subject to the authority and direction of the Committee and 
     to its rules so far as applicable.
       (c) The provisions of clause 2 of rule XI of the rules of 
     the House are incorporated by reference as the rules of the 
     Committee to the extent applicable.
       (d) 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 2--Regular, Additional, and Special Meetings


                            regular meetings

       (a)(1) The Committee shall regularly meet at 5:00 p.m. on 
     Tuesday of each week when the House is in session.
       (2) A regular meeting of the Committee may be dispensed 
     with if, in the judgment of the Chairman of the Committee 
     (hereafter in these rules referred to as the ``Chair''), 
     there is no need for meeting.
       (3) Additional regular meetings and hearings of the 
     Committee may be called by the Chair.


                      NOTICE FOR REGULAR MEETINGS

       (b) The Chair shall notify each member of the Committee of 
     the agenda of each regular meeting of the Committee at least 
     48 hours before the time of the meeting and shall provide to 
     each member of the Committee, at least 24 hours before the 
     time of each regular meeting.
       (1) for each bill or resolution scheduled on the agenda for 
     consideration of a rule, a copy of--
       (A) the bill or resolution;
       (B) any committee reports thereon; and
       (C) any letter requesting a rule for the bill or 
     resolution; and (2) for each other bill, resolution, report, 
     or other matter on the agenda a copy of
       (A) the bill, resolution, report, or materials relating to 
     the other matter in question; and
       (B) any report on the bill, resolution, report, or any 
     other matter made by any subcommittee of the Committee.


                           EMERGENCY MEETINGS

       (c)(1) The Chair may call an emergency meeting of the 
     Committee at any time on any measure or matter which the 
     Chair determines to be of an emergency nature; provided, 
     however, that the Chair has made an effort to consult the 
     ranking minority member, or, in such member's absence, the 
     next ranking minority party member of the Committee.
       (2) As soon as possible after calling an emergency meeting 
     of the Committee, the Chair shall notify each member of the 
     Committee of the time and location of the meeting.
       (3) To the extent feasible, the notice provided under 
     paragraph (2) shall include the agenda for the emergency 
     meeting and copies of available materials which would 
     otherwise have been provided under subsection (b) if the 
     emergency meeting was a regular meeting.


                            SPECIAL MEETINGS

       (d) Special meetings shall be called and convened as 
     provided in clause 2(c)(2) of rule XI of the Rules of the 
     House.

                Rule 3--Meetings and Hearing Procedures


                               IN GENERAL

       (a)(1) Meetings and hearings of the Committee shall be 
     called to order and presided over by the Chair or, in the 
     Chair's absence, by the member designated by the Chair as the 
     Vice Chair of the Committee, or by the ranking majority 
     member of the Committee present as Acting Chair.
       (2) Meetings and hearings of the committee shall be open to 
     the public unless closed in accordance with clause 2(g) of 
     rule XI of the Rules of the House of Representatives.
       (3) Any meeting or hearing of the Committee that is open to 
     the public shall be open to coverage by television, radio, 
     and still photography in accordance with the provisions of 
     clause 4 of rule XI of the rules

[[Page H255]]

     of the House (which are incorporated by reference as part of 
     these rules).
       (4) When a recommendation is made as to the kind of rule 
     which should be granted for consideration of a bill or 
     resolution, a copy of the language recommended shall be 
     furnished to each member of the Committee at the beginning of 
     the Committee meeting at which the rule is to be considered 
     or as soon thereafter as the proposed language becomes 
     available.


                                 QUORUM

       (b)(1) For the purpose of hearing testimony on requests for 
     rules, five members of the Committee shall constitute a 
     quorum.
       (2) For the purpose of taking testimony and receiving 
     evidence on measures or matters of original jurisdiction 
     before the Committee, three members of the Committee shall 
     constitute a quorum.
       (3) A majority of the members of the Committee shall 
     constitute a quorum for the purposes of reporting any measure 
     or matter, of authorizing a subpoena, of closing a meeting or 
     hearing pursuant to clause 2(g) of rule XI of the Rules of 
     the House (except as provided in clause 2(g)(2)(A) and (B), 
     or of taking any other action.


                                 VOTING

       (c)(1) No vote may be conducted on any measure or motion 
     pending before the Committee unless a majority of the members 
     of the Committee is actually present for such purpose.
       (2) A record vote of the Committee shall be provided on any 
     question before the Committee upon the request of any member.
       (3) No vote by any member of the Committee on any measure 
     or matter may be cast by proxy.
       (4) A record of the vote of each Member of the Committee on 
     each record vote on any matter before the Committee shall be 
     available for public inspection at the offices of the 
     Committee, and with respect to any record vote on any motion 
     to amend or report, shall be included in the report of the 
     Committee showing the total number of votes cast for and 
     against and the names of those members voting for and 
     against.


                           HEARING PROCEDURES

       (d)(1) With regard to hearings on matters of original 
     jurisdiction, to the greatest extent practicable:
       (A) each witness who is to appear before the Committee 
     shall file with the committee at least 24 hours in advance of 
     the appearance a statement of proposed testimony in written 
     and electronic form and shall limit the oral presentation to 
     the Committee to a brief summary thereof; and
       (B) each witness appearing in a non-governmental capacity 
     shall include with the statement of proposed testimony 
     provided in written and electronic form a curriculum vitae 
     and a 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.
       (2) The five-minute rule shall be observed in the 
     interrogation of each witness before the Committee until each 
     member of the Committee has had an opportunity to question 
     the witness.
       (3) The provisions of clause 2(k) of rule XI of the rules 
     of the House shall apply to any hearing conducted by the 
     committee.


                          SUBPOENAS AND OATHS

       (e)(1) Pursuant to clause 2(m) of rule XI of the rules of 
     the House of Representatives, a subpoena may be authorized 
     and issued by the Committee or a subcommittee 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.
       (2) The Chair may authorize and issue subpoenas under such 
     clause during any period in which the House has adjourned for 
     a period of longer than three days.
       (3) Authorized subpoenas shall be signed by the Chair or by 
     any member designated by the Committee, and may be served by 
     any person designated by the Chair or such member.
       (4) The Chair, or any member of the Committee designated by 
     the Chair, may administer oaths to witnesses before the 
     Committee.

               Rule 4--General Oversight Responsibilities

       (a) The Committee shall review and study, on a continuing 
     basis, the application, administration, execution, and 
     effectiveness of those laws, or parts of laws, the subject 
     matter of which is within its jurisdiction.
       (b) Not later than February 15 of the first session of a 
     Congress, the committee shall meet in open session, with a 
     quorum present, to adopt its oversight plans for that 
     Congress for submission to the Committee on House 
     Administration and the Committee on Government Reform, in 
     accordance with the provisions of clause 2( d) of House rule 
     X.

                         Rule 5--Subcommittees


          ESTABLISHMENT AND RESPONSIBILITIES OF SUBCOMMITTEES

       (a)(1) There shall be two subcommittees of the Committee as 
     follows:
       (A) Subcommittee on Legislative and Budget Process, which 
     shall have general responsibility for measures or matters 
     related to relations between the Congress and the Executive 
     Branch.
       (B) Subcommittee on Rules and Organization of the House, 
     which shall have general responsibility for measures or 
     matters related to process and procedures of the House, 
     relations between the two Houses of Congress, relations 
     between the Congress and the Judiciary, and internal 
     operations of the House.
       (2) In addition, each such subcommittee shall have specific 
     responsibility for such other measures or matters as the 
     Chair refers to it.
       (3) Each subcommittee of the Committee shall review and 
     study, on a continuing basis, the application, 
     administration, execution, and effectiveness of those 
     laws, or parts of laws, the subject matter of which is 
     within its general responsibility.


           REFERRAL OF MEASURES AND MATTERS TO SUBCOMMITTEES

       (b)(l) In view of the unique procedural responsibilities of 
     the Committee, no special order providing for the 
     consideration of any bill or resolution shall be referred to 
     a subcommittee of the Committee.
       (2) The Chair shall refer to a subcommittee such measures 
     or matters of original jurisdiction as the Chair deems 
     appropriate given its jurisdiction and responsibilities.
       (3) All other measures or matters of original jurisdiction 
     shall be subject to consideration by the full Committee.
       (4) In referring any measure or matter of original 
     jurisdiction to a subcommittee, the Chair may specify a date 
     by which the subcommittee shall report thereon to the 
     Committee.
       (5) The Committee by motion may discharge a subcommittee 
     from consideration of any measure or matter referred to a 
     subcommittee of the Committee.


                      COMPOSITION OF SUBCOMMITTEES

       (c) The size and ratio of each subcommittee shall be 
     determined by the Committee and members shall be elected to 
     each subcommittee, and to the positions of chairman and 
     ranking minority member thereof, in accordance with the rules 
     of the respective party caucuses. The Chair of the full 
     committee shall designate a member of the majority party on 
     each subcommittee as its vice chairman.


                   SUBCOMMITTEE MEETINGS AND HEARINGS

       (d)(1) Each subcommittee of the Committee is authorized to 
     meet, hold hearings, receive testimony, mark up legislation, 
     and report to the full Committee on any measure or matter 
     referred to it.
       (2) No subcommittee of the Committee may meet or hold a 
     hearing at the same time as a meeting or hearing of the full 
     Committee is being held.
       (3) The chairman of each subcommittee shall schedule 
     meetings and hearings of the subcommittee only after 
     consultation with the Chair.


                                 QUORUM

       (e)(1) For the purpose of taking testimony, two members of 
     the subcommittee shall constitute a quorum.
       (2) For all other purposes, a quorum shall consist of a 
     majority of the members of a subcommittee.


                          EFFECT OF A VACANCY

       (f) Any vacancy in the membership of a subcommittee shall 
     not affect the power of the remaining members to execute the 
     functions of the subcommittee.


                                RECORDS

       (g) Each subcommittee of the Committee shall provide the 
     full Committee with copies of such records of votes taken in 
     the subcommittee and such other records with respect to the 
     subcommittee necessary for the Committee to comply with all 
     rules and regulations of the House.

                             Rule 6--Staff


                               IN GENERAL

       (a)(1) Except as provided in paragraphs (2) and (3), the 
     professional and other staff of the Committee shall be 
     appointed, by the Chair, and shall work under the general 
     supervision and direction of the Chair.
       (2) All professional, and other staff provided to the 
     minority party members of the Committee shall be appointed, 
     by the ranking minority member of the Committee, and shall 
     work under the general supervision and direction of such 
     member.
       (3) The appointment of all professional staff shall be 
     subject to the approval of the Committee as provided by, and 
     subject to the provisions of, clause 9 of rule X of the Rules 
     of the House.


                            ASSOCIATE STAFF

       (b) Associate staff for members of the Committee may be 
     appointed only at the discretion of the Chair (in 
     consultation with the ranking minority member regarding any 
     minority party associate staff), after taking into account 
     any staff ceilings and budgetary constraints in effect at the 
     time, and any terms, limits, or conditions established by the 
     Committee on House Administration under clause 9 of rule X of 
     the rules of the House.


                           SUBCOMMITTEE STAFF

       (c) From funds made available for the appointment of staff, 
     the Chair of the Committee shall, pursuant to clause 6( d) of 
     rule X of the rules of the House, ensure that sufficient 
     staff is made available to each subcommittee to carry out its 
     responsibilities under the rules of the Committee, and, after 
     consultation with the ranking minority member of the 
     Committee, that the minority party of the Committee is 
     treated fairly in the appointment of such staff.

[[Page H256]]

                         COMPENSATION OF STAFF

       (d) The Chair shall fix the compensation of all 
     professional and other staff of the Committee, after 
     consultation with the ranking minority member regarding any 
     minority party staff.


                         CERTIFICATION OF STAFF

       (e)(1) To the extent any staff member of the Committee or 
     any of its subcommittees does not work under the direct 
     supervision and direction of the Chair, the Member of the 
     Committee who supervises and directs the staff member's work 
     shall file with the Chief of Staff of the Committee (not 
     later than the tenth day of each month) a certification 
     regarding the staff member's work for that member for the 
     preceding calendar month.
       (2) The certification required by paragraph (1) shall be in 
     such form as the Chair may prescribe, shall identify each 
     staff member by name, and shall state that the work engaged 
     in by the staff member and the duties assigned to the staff 
     member for the member of the Committee with respect to the 
     month in question met the requirements of clause 9 of rule X 
     of the rules of the House.
       (3) Any certification of staff of the Committee, or any of 
     its subcommittees, made by the Chair in compliance with any 
     provision of law or regulation shall be made--
       (A) on the basis of the certifications filed under 
     paragraph (1) to the extent the staff is not under the 
     Chair's supervision and direction, and
       (B) on his own responsibility to the extent the staff is 
     under the Chair's direct supervision and direction.

                Rule 7--Budget, Travel, Pay of Witnesses


                                 BUDGET

       (a) The Chair, in consultation with other members of the 
     Committee, shall prepare for each Congress a budget providing 
     amounts for staff, necessary travel, investigation, and other 
     expenses of the Committee and its subcommittees.


                                 TRAVEL

       (b)(1) The Chair may authorize travel for any member and 
     any staff member of the Committee in connection with 
     activities or subject matters under the general jurisdiction 
     of the Committee. Before such authorization is granted, there 
     shall be submitted to the Chair in writing the following:
       (A) The purpose of the travel.
       (B) The dates during which the travel is to occur.
       (C) The names of the States or countries to be visited and 
     the length of time to be spent in each.
       (D) The names of members and staff of the Committee for 
     whom the authorization is sought.
       (2) Members and staff of the Committee shall make a written 
     report to the Chair on any travel they have conducted under 
     this subsection, including a description of their itinerary, 
     expenses, and activities, and of pertinent information gained 
     as a result of such travel.
       (3) Members and staff of the Committee performing 
     authorized travel on official business shall be governed by 
     applicable laws, resolutions, and regulations of the House 
     and of the Committee on House Administration.


                            PAY OF WITNESSES

       (c) Witnesses may be paid from funds made available to the 
     Committee in its expense resolution subject to the provisions 
     of clause 5 of rule XI of the rules of the House.

                    Rule 8--Committee Administration


                               REPORTING

       (a) Whenever the Committee authorizes the favorable 
     reporting of a bill or resolution from the Committee--
       (1) the Chair or acting Chair shall report it to the House 
     or designate a member of the Committee to do so, and
       (2) in the case of a bill or resolution in which the 
     Committee has original jurisdiction, the Chair shall allow, 
     to the extent that the anticipated floor schedule permits, 
     any member of the Committee a reasonable amount of time to 
     submit views for inclusion in the Committee report on the 
     bill or resolution.
       Any such report shall contain all matters required by the 
     Rules of the House of Representatives (or by any provision of 
     law enacted as an exercise of the rulemaking power of the 
     House) and such other information as the Chair deems 
     appropriate.


                                RECORDS

       (b)(1) There shall be a transcript made of each regular 
     meeting and hearing of the Committee, and the transcript may 
     be printed if the Chair decides it is appropriate or if a 
     majority of the Members of the Committee requests such 
     printing. Any such transcripts shall be 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. Nothing in this paragraph shall be construed to 
     require that all such transcripts be subject to correction 
     and publication.
       (2) The Committee shall keep a record of all actions of the 
     Committee and of its subcommittees. The record shall contain 
     all information required by clause 2(e)(1) of rule XI of the 
     rules of the House of Representatives and shall be 
     available for public inspection at reasonable times in the 
     offices of the Committee.
       (3) All Committee hearings, records, data, charts, and 
     files shall be kept separate and distinct from the 
     congressional office records of the Chair, shall be the 
     property of the House, and all Members of the House shall 
     have access thereto as provided in clause 2(e)(2) of rule XI 
     of the Rules of the House.
       (4) The records of the Committee at the National Archives 
     and Records Administration shall be made available for public 
     use in accordance with rule VII of the rules of the House. 
     The Chair shall notify the ranking minority member of any 
     decision, pursuant to clause 3(b)(3) or clause 4(b) of the 
     rule, to withhold a record otherwise available, and the 
     matter shall be presented to the Committee for a 
     determination on written request of any member of the 
     Committee.


                 COMMITTEE PUBLICATIONS ON THE INTERNET

       (c) To the maximum extent feasible, the Committee shall 
     makes its publications available in electronic form.


                               CALENDARS

       (d)(1) The Committee shall maintain a Committee Calendar, 
     which shall include all bills, resolutions, and other matters 
     referred to or reported by the Committee and all bills, 
     resolutions, and other matters reported by any other 
     committee on which a rule has been granted or formally 
     requested, and such other matters as the Chair shall direct. 
     The Calendar shall be published periodically, but in no case 
     less often than once in each session of Congress.
       (2) The staff of the Committee shall furnish each member of 
     the Committee with a list of all bills or resolutions (A) 
     reported from the Committee but not yet considered by the 
     House, and (B) on which a rule has been formally requested 
     but not yet granted. The list shall be updated each week when 
     the House is in session.
       (3) For purposes of paragraphs (1) and (2), a rule is 
     considered as formally requested when the Chairman of a 
     committee which has reported a bill or resolution (or a 
     member of such committee authorized to act on the Chairman's 
     behalf):
       (A) has requested, in writing to the Chair, that a hearing 
     be scheduled on a rule for the consideration of the bill or 
     resolution, and
       (B) has supplied the Committee with an adequate number of 
     copies of the bill or resolution, as reported, together with 
     the final printed committee report thereon.


                            OTHER PROCEDURES

       (e) The Chair may establish such other Committee procedures 
     and take such actions as may be necessary to carry out these 
     rules or to facilitate the effective operation of the 
     Committee and its subcommittees in a manner consistent with 
     these rules.

                 Rule 9--Amendments to Committee Rules

       The rules of the Committee may be modified, amended or 
     repealed, in the same manner and method as prescribed for the 
     adoption of committee rules in clause 2 of rule XI of the 
     Rules of the House, but only if written notice of the 
     proposed change has been provided to each such Member at 
     least 48 hours before the time of the meeting at which the 
     vote on the change occurs.
       Any such change in the rules of the Committee shall be 
     published in the Congressional Record within 30 calendar days 
     after their approval.

                          ____________________