[Congressional Record Volume 151, Number 8 (Tuesday, February 1, 2005)]
[House]
[Pages H259-H260]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Wisconsin (Mr. Sensenbrenner) is recognized for 5 
minutes.
  Mr. SENSENBRENNER. Mr. Speaker, pursuant to clause 2(a)(2) of rule XI 
of the Rules of the House of Representatives, I hereby submit the rules 
of the Committee on the Judiciary for the 109th Congress for 
publication in the Congressional Record. These rules were adopted by 
the Committee on January 26, in a meeting that was open to the public.

                           Rules of Procedure


                                Rule I.

       The Rules of the House of Representatives are the rules of 
     the Committee on the Judiciary and its Subcommittees with the 
     following specific additions thereto.


                      Rule II. Committee Meetings

       (a) The regular meeting day of the Committee on the 
     Judiciary for the conduct of its business shall be on Tuesday 
     of each week while the House is in session.
       (b) Additional meetings may be called by the Chairman and a 
     regular meeting of the Committee may be dispensed with when, 
     in the judgment of the Chairman, there is no need therefor.
       (c) At least 24 hours (excluding Saturdays, Sundays and 
     legal holidays when the House is not in session) before each 
     scheduled Committee or Subcommittee meeting, each Member of 
     the Committee or Subcommittee shall be furnished a list of 
     the bill(s) and subject(s) to be considered and/or acted upon 
     at the meeting. Bills or subjects not listed shall be subject 
     to a point of order unless their consideration is agreed to 
     by a two-thirds vote of the Committee or Subcommittee.
       (d) The Chairman, with such notice to the Ranking Minority 
     Member as is practicable, may call and convene, as he 
     considers necessary, additional meetings of the Committee for 
     the consideration of any bill or resolution pending before 
     the Committee or for the conduct of other Committee business. 
     The Committee shall meet for such purpose pursuant to that 
     call of the Chairman.
       (e) Committee and Subcommittee meetings for the transaction 
     of business, i.e. meetings other than those held for the 
     purpose of taking testimony, shall be open to the public 
     except when the Committee or Subcommittee determines by 
     majority vote to close the meeting 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.
       (f) Every motion made to the Committee and entertained by 
     the Chairman shall be reduced to writing upon demand of any 
     Member, and a copy made available to each Member present.
       (g) For purposes of taking any action at a meeting of the 
     full Committee or any Subcommittee thereof, a quorum shall be 
     constituted by the presence of not less than one-third of the 
     Members of the Committee or

[[Page H260]]

     subcommittee, except that a full majority of the Members of 
     the Committee or Subcommittee shall constitute a quorum for 
     purposes of reporting a measure or recommendation from the 
     Committee or Subcommittee, closing a meeting to the public, 
     or authorizing the issuance of a subpoena.
       (h)(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.
       (i) Transcripts of markups shall be recorded and may be 
     published in the same manner as hearings before the Committee 
     and shall be included as part of the legislative report 
     unless waived by the Chairman.
       (j) Without further action of the Committee, the Chairman 
     is directed to offer a motion under clause 1 of rule XXII of 
     the Rules of the House of Representatives whenever the 
     Chairman considers it appropriate.


                           Rule III. Hearings

       (a) The Committee Chairman or any Subcommittee chairman 
     shall make public announcement of the date, place, and 
     subject matter of any hearing to be conducted by it on any 
     measure or matter at least one week before the commencement 
     of that hearing. If the Chairman of the Committee, or 
     Subcommittee, with the concurrence of the Ranking Minority 
     Member, determines there is good cause to begin the hearing 
     sooner, or if the Committee or Subcommittee so determines by 
     majority vote, a quorum being present for the transaction of 
     business, the Chairman or Subcommittee chairman shall make 
     the announcement at the earliest possible date.
       (b) Committee and Subcommittee hearings shall be open to 
     the public except when the Committee or Subcommittee 
     determines by majority vote to close the meeting 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.
       (c) For purposes of taking testimony and receiving evidence 
     before the Committee or any Subcommittee, a quorum shall be 
     constituted by the presence of two Members.
       (d) In the course of any hearing each Member shall be 
     allowed five minutes for the interrogation of a witness until 
     such time as each Member who so desires has had an 
     opportunity to question the witness.
       (e) The transcripts of those hearings conducted by the 
     Committee which are decided to be printed shall be published 
     in verbatim form, with the material requested for the record 
     inserted at that place requested, or at the end of the 
     record, as appropriate. Individuals, including Members of 
     Congress, whose comments are to be published as part of a 
     Committee document shall be given the opportunity to verify 
     the accuracy of the transcription in advance of publication. 
     Any requests by those Members, staff or witnesses to correct 
     any errors other than errors in the transcription, or 
     disputed errors in transcription, shall be appended to the 
     record, and the appropriate place where the change is 
     requested will be footnoted. Prior to approval by the 
     Chairman of hearings conducted jointly with another 
     congressional Committee, a memorandum of understanding shall 
     be prepared which incorporates an agreement for the 
     publication of the verbatim transcript.


                         Rule IV. Broadcasting

       Whenever a hearing or meeting conducted by the Committee or 
     any Subcommittee is open to the public, those proceedings 
     shall be open to coverage by television, radio and still 
     photography except when the hearing or meeting is closed 
     pursuant to the Committee Rules of Procedure.


                     Rule V. Standing Subcommittees

       (a) The full Committee shall have jurisdiction over the 
     following subject matters: antitrust law, tort liability, 
     including medical malpractice and product liability, legal 
     reform generally, and such other matters as determined by the 
     Chairman.
       (b) There shall be five standing Subcommittees of the 
     Committee on the Judiciary, with jurisdictions as follows:
       (1) Subcommittee on Courts, the Internet, and Intellect 
     Property: copyright, patent and trademark law, information 
     technology, administration of U.S. courts, Federal Rules of 
     Evidence, Civil and Appellate Procedure, judicial ethics, 
     other appropriate matters as referred by the Chairman, and 
     relevant oversight.
       (2) Subcommittee on the Constitution: constitutional 
     amendments, constitutional rights, federal civil rights laws, 
     ethics in government, other appropriate matters as referred 
     by the Chairman, and relevant oversight.
       (3) Subcommittee on Commercial and Administrative Law: 
     bankruptcy and commercial law, bankruptcy judgeships, 
     administrative law, independent counsel, state taxation 
     affecting interstate commerce, interstate compacts, other 
     appropriate matters as referred by the Chairman, and relevant 
     oversight.
       (4) Subcommittee on Crime, Terrorism and Homeland Security: 
     Federal Criminal Code, drug enforcement, sentencing, parole 
     and pardons, terrorism, internal and homeland security, 
     Federal Rules of Criminal Procedure, prisons, criminal law 
     enforcement, other appropriate matters as referred by the 
     Chairman, and relevant oversight.
       (5) Subcommittee on Immigration, Border Security, and 
     Claims: immigration and naturalization, border security, 
     admission of refugees, treaties, conventions and 
     international agreements, claims against the United States, 
     federal charters of incorporation, private immigration and 
     claims bills, non-border enforcement, other appropriate 
     matters as referred by the Chairman, and relevant oversight.
       (c) The Chairman of the Committee and Ranking Minority 
     Member thereof shall be ex officio Members, but not voting 
     Members, of each Subcommittee to which such Chairman or 
     Ranking Minority Member has not been assigned by resolution 
     of the Committee. Ex officio Members shall not be counted as 
     present for purposes of constituting a quorum at any hearing 
     or meeting of such Subcommittee.


              Rule VI. Powers and Duties of Subcommittees

       Each Subcommittee is authorized to meet, hold hearings, 
     receive evidence, and report to the full Committee on all 
     matters referred to it or under its jurisdiction. 
     Subcommittee chairmen shall set dates for hearings and 
     meetings of their respective Subcommittees after consultation 
     with the Chairman and other Subcommittee chairmen with a view 
     toward avoiding simultaneous scheduling of full Committee and 
     Subcommittee meetings or hearings whenever possible.


                   Rule VII. Non-Legislative Reports

       No report of the Committee or Subcommittee which does not 
     accompany a measure or matter for consideration by the House 
     shall be published unless all Members of the Committee or 
     Subcommittee issuing the report shall have been apprised of 
     such report and given the opportunity to give notice of 
     intention to file supplemental, additional, or dissenting 
     views as part of the report. In no case shall the time in 
     which to file such views be less than three calendar days 
     (excluding Saturdays, Sundays and legal holidays when the 
     House is not in session).


                      Rule VIII. Committee Records

       The records of the Committee at the National Archives and 
     Records Administration shall be made available for public use 
     according to the Rules of the House. The Chairman shall 
     notify the Ranking Minority Member of any decision to 
     withhold a record otherwise available, and the matter shall 
     be presented to the Committee for a determination on the 
     written request of any Member of the Committee.

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