[Congressional Record Volume 151, Number 17 (Wednesday, February 16, 2005)]
[House]
[Pages H679-H682]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from California (Mr. Lewis) is recognized for 5 minutes.
  Mr. LEWIS of California. Mr. Speaker, pursuant to clause 2 of rule XI 
I submit for printing in the Record the Rules and Practices of the 
Committee on Appropriations as follows:
  Practices:

                                     

[[Page H680]]

                      Committee on Appropriations


                            COMMITTEE RULES

                Effective For One Hundred Ninth Congress

                       Approved February 15, 2005

       Resolved, That the rules and practices of the Committee on 
     Appropriations, House of Representatives, in the One Hundred 
     Eighth Congress, except as otherwise provided hereinafter, 
     shall be and are hereby adopted as the rules and practices of 
     the Committee on Appropriations in the One Hundred Ninth 
     Congress.
       The foregoing resolution adopts the following rules:
     Sec. 1: Power to Sit and Act
       For the purpose of carrying out any of its functions and 
     duties under Rules X and XI of the Rules of the House of 
     Representatives, the Committee or any of its subcommittees is 
     authorized:
       (a) 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
       (b) To require, by subpoena or otherwise, the attendance 
     and testimony of such witnesses and the production of such 
     books, reports, correspondence, memorandums, papers, and 
     documents as it deems necessary. The Chairman, or any Member 
     designated by the Chairman, may administer oaths to any 
     witness.
       (c) A subpoena may be authorized and issued by the 
     Committee or its subcommittees under subsection 1(b) in the 
     conduct of any investigation or activity or series of 
     investigations or activities, only when authorized by a 
     majority of the Members of the Committee voting, a majority 
     being present. The power to authorize and issue subpoenas 
     under subsection 1(b) 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.
       (d) Compliance with any subpoena issued by the Committee or 
     its subcommittees may be enforced only as authorized or 
     directed by the House.
     Sec. 2: Subcommittees
       (a) The Majority Caucus of the Committee shall establish 
     the number of subcommittees and shall determine the 
     jurisdiction of each subcommittee.
       (b) Each subcommittee is authorized to meet, hold hearings, 
     receive evidence, and report to the Committee all matters 
     referred to it.
       (c) All legislation and other matters referred to the 
     Committee shall be referred to the subcommittee of 
     appropriate jurisdiction within two weeks unless, by majority 
     vote of the Majority Members of the full Committee, 
     consideration is to be by the full Committee.
       (d) The Majority Caucus of the Committee shall determine an 
     appropriate ratio of Majority to Minority Members for each 
     subcommittee. The Chairman is authorized to negotiate that 
     ratio with the Minority; Provided, however, That party 
     representation in each subcommittee, including ex-officio 
     members, shall be no less favorable to the Majority than the 
     ratio for the full Committee.
       (e) The Chairman and Ranking Minority Member of the full 
     Committee are authorized to sit as a member of all 
     subcommittees and to participate, including voting, in all 
     its work.
     Sec. 3: Staffing
       (a) Committee Staff--The Chairman is authorized to appoint 
     the staff of the Committee, and make adjustments in the job 
     titles and compensation thereof subject to the maximum rates 
     and conditions established in Clause 9(c) of Rule X of the 
     Rules of the House of Representatives. In addition, he is 
     authorized, in his discretion, to arrange for their 
     specialized training. The Chairman is also authorized to 
     employ additional personnel as necessary.
       (b) Assistants to Members--Each of the top twenty-one 
     senior majority and minority Members of the full Committee 
     may select and designate one staff member who shall serve at 
     the pleasure of that Member. Such staff members shall be 
     compensated at a rate, determined by the Member, not to 
     exceed 75 per centum of the maximum established in Clause 
     9(c) of Rule X of the Rules of the House of Representatives; 
     Provided, That Members designating staff members under this 
     subsection must specifically certify by letter to the 
     Chairman that the employees are needed and will be utilized 
     for Committee work.
     Sec. 4: Committee Meetings
       (a) Regular Meeting Day--The regular meeting day of the 
     Committee shall be the first Wednesday of each month while 
     the House is in session, unless the Committee has met within 
     the past 30 days or the Chairman considers a specific meeting 
     unnecessary in the light of the requirements of the Committee 
     business schedule.
       (b) Additional and Special Meetings:
       (1) The Chairman 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.
       (2) If at least three Committee Members desire that a 
     special meeting of the Committee be called by the Chairman, 
     those Members may file in the Committee Offices a written 
     request to the Chairman for that special meeting. Such 
     request shall specify the measure or matter to be considered. 
     Upon the filing of the request, the Committee Clerk shall 
     notify the Chairman.
       (3) If within three calendar days after the filing of the 
     request, the Chairman does not call the requested special 
     meeting to be held within seven calendar days after the 
     filing of the request, a majority of the Committee Members 
     may file in the Committee Offices their written notice that a 
     special meeting will be held, specifying the date and hour of 
     such meeting, and the measure or matter to be considered. The 
     Committee shall meet on that date and hour.
       (4) Immediately upon the filing of the notice, the 
     Committee Clerk shall notify all Committee Members that such 
     special meeting will be held and inform them of its date and 
     hour and the measure or matter to be considered. Only the 
     measure or matter specified in that notice may be considered 
     at the special meeting.
       (c) Vice Chairman To Preside in Absence of Chairman--A 
     member of the majority party on the Committee or subcommittee 
     thereof designated by the Chairman of the full Committee 
     shall be vice chairman of the Committee or subcommittee, as 
     the case may be, and shall preside at any meeting during the 
     temporary absence of the chairman. If the chairman and vice 
     chairman of the Committee or subcommittee are not present at 
     any meeting of the Committee or subcommittee, the ranking 
     member of the majority party who is present shall preside at 
     that meeting.
       (d) Business Meetings:
       (1) Each meeting for the transaction of business, including 
     the markup of legislation, of the Committee and its 
     subcommittees shall be open to the public except when the 
     Committee or its subcommittees, in open session and with a 
     majority present, determines by roll call vote that all or 
     part of the remainder of the meeting on that day shall be 
     closed.
       (2) No person other than Committee Members and such 
     congressional staff and departmental representatives as they 
     may authorize shall be present at any business or markup 
     session which has been closed.
       (e) Committee Records:
       (1) The Committee shall keep a complete record of all 
     Committee action, including a record of the votes on any 
     question on which a roll call is demanded. The result of each 
     roll call vote shall be available for inspection by the 
     public during regular business hours in the Committee 
     Offices. The information made available for public inspection 
     shall include a description of the amendment, motion, or 
     other proposition, and the name of each Member voting for and 
     each Member voting against, and the names of those Members 
     present but not voting.
       (2) All hearings, records, data, charts, and files of the 
     Committee shall be kept separate and distinct from the 
     congressional office records of the Chairman of the 
     Committee. Such records shall be the property of the House, 
     and all Members of the House shall have access thereto.
       (3) The records of the Committee at the National Archives 
     and Records Administration shall be made available in 
     accordance with Rule VII of the Rules of the House, except 
     that the Committee authorizes use of any record to which 
     Clause 3(b)(4) of Rule VII of the Rules of the House would 
     otherwise apply after such record has been in existence for 
     20 years. The Chairman shall notify the Ranking Minority 
     Member of any decision, pursuant to Clause 3(b)(3) or Clause 
     4(b) of Rule VII of the Rules of the House, to withhold a 
     record otherwise available, and the matter shall be presented 
     to the Committee for a determination upon the written request 
     of any Member of the Committee.
     Sec. 5: Committee and Subcommittee Hearings
       (a) Overall Budget Hearings--Overall budget hearings by the 
     Committee, including the hearing required by Section 242(c) 
     of the Legislative Reorganization Act of 1970 and Clause 
     4(a)(1) of Rule X of the Rules of the House of 
     Representatives shall be conducted in open session except 
     when the Committee in open session and with a majority 
     present, determines by roll call vote that the testimony to 
     be taken at that hearing on that day may be related to a 
     matter of national security; except that the Committee may by 
     the same procedure close one subsequent day of hearing. A 
     transcript of all such hearings shall be printed and a copy 
     furnished to each Member, Delegate, and the Resident 
     Commissioner from Puerto Rico.
       (b) Other Hearings:
       (1) All other hearings conducted by the Committee or its 
     subcommittees shall be open to the public except when the 
     Committee or subcommittee in open session and with a majority 
     present determines by roll call vote that all or part of the 
     remainder of that hearing on that day shall be closed to the 
     public because disclosure of testimony, evidence, or other 
     matters to be considered would endanger the national security 
     or would violate any law or Rule of the House of 
     Representatives. Notwithstanding the requirements of the 
     preceding sentence, a majority of those present at a hearing 
     conducted by the Committee or any of its subcommittees, there 
     being in attendance the number required under Section 5(c) of 
     these Rules to be present for the purpose of taking 
     testimony, (1) may vote to close the hearing for the sole 
     purpose of discussing whether testimony or evidence to be 
     received would

[[Page H681]]

     endanger the national security or violate Clause 2(k)(5) of 
     Rule XI of the Rules of the House of Representatives or (2) 
     may vote to close the hearing, as provided in Clause 2(k)(5) 
     of such Rule. No Member of the House of Representatives may 
     be excluded from nonparticipatory attendance at any hearing 
     of the Committee or its subcommittees unless the House of 
     Representatives shall by majority vote authorize the 
     Committee or any of its subcommittees, for purposes of a 
     particular series of hearings on a particular article of 
     legislation or on a particular subject of investigation, to 
     close its hearings to Members by the same procedures 
     designated in this subsection for closing hearings to the 
     public; Provided, however, That the Committee or its 
     subcommittees may by the same procedure vote to close five 
     subsequent days of hearings.
       (2) Subcommittee chairmen shall coordinate the development 
     of schedules for meetings or hearings after consultation with 
     the Chairman and other subcommittee chairmen with a view 
     toward avoiding simultaneous scheduling of Committee and 
     subcommittee meetings or hearings.
       (3) Each witness who is to appear before the Committee or 
     any of its subcommittees as the case may be, insofar as is 
     practicable, shall file in advance of such appearance, a 
     written statement of the proposed testimony and shall limit 
     the oral presentation at such appearance to a brief summary, 
     except that this provision shall not apply to any witness 
     appearing before the Committee in the overall budget 
     hearings.
       (4) Each witness appearing in a nongovernmental capacity 
     before the Committee, or any of its subcommittees as the case 
     may be, shall to the greatest extent practicable, submit a 
     written statement including 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 previous fiscal years by the witness or 
     by an entity represented by the witness.
       (c) Quorum for Taking Testimony--The number of Members of 
     the Committee which shall constitute a quorum for taking 
     testimony and receiving evidence in any hearing of the 
     Committee shall be two.
       (d) Calling and Interrogation of Witnesses:
       (1) The Minority Members of the Committee or its 
     subcommittees shall be entitled, upon request to the Chairman 
     or subcommittee chairman, by a majority of them before 
     completion of any hearing, to call witnesses selected by the 
     Minority to testify with respect to the matter under 
     consideration during at least one day of hearings thereon.
       (2) The Committee and its subcommittees shall observe the 
     five-minute rule during the interrogation of witnesses until 
     such time as each Member of the Committee or subcommittee who 
     so desires has had an opportunity to question the witness.
       (e) Broadcasting and Photographing of Committee Meetings 
     and Hearings--Whenever a hearing or meeting conducted by the 
     full Committee or any of its subcommittees is open to the 
     public, those proceedings shall be open to coverage by 
     television, radio, and still photography, as provided in 
     Clause (4)(f) of Rule XI of the Rules of the House of 
     Representatives. Neither the full Committee Chairman or 
     Subcommittee Chairman shall limit the number of television or 
     still cameras to fewer than two representatives from each 
     medium.
       (f) Subcommittee Meetings--No subcommittee shall sit while 
     the House is reading an appropriation measure for amendment 
     under the five-minute rule or while the Committee is in 
     session.
       (g) Public Notice of Committee Hearings--The Chairman of 
     the Committee shall make public announcement of the date, 
     place, and subject matter of any Committee or subcommittee 
     hearing at least one week before the commencement of the 
     hearing. If the Chairman of the Committee or subcommittee, 
     with the concurrence of the ranking minority member of the 
     Committee or respective subcommittee, 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. Any announcement made under this 
     subparagraph shall be promptly published in the Daily Digest 
     and promptly entered into the Committee scheduling service of 
     the House Information Systems.
     Sec. 6: Procedures for Reporting Bills and Resolutions
       (a) Prompt Reporting Requirement:
       (1) It shall be the duty of the Chairman to report, or 
     cause to be reported promptly to the House any bill or 
     resolution 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, a report on a bill or resolution which 
     the Committee has approved shall be filed within seven 
     calendar days (exclusive of days in which the House is not in 
     session) after the day on which there has been filed with the 
     Committee Clerk a written request, signed by a majority of 
     Committee Members, for the reporting of such bill or 
     resolution. Upon the filing of any such request, the 
     Committee Clerk shall notify the Chairman immediately of the 
     filing of the request. This subsection does not apply to the 
     reporting of a regular appropriation bill or to the reporting 
     of a resolution of inquiry addressed to the head of an 
     executive department.
       (b) Presence of Committee Majority--No measure or 
     recommendation shall be reported from the Committee unless a 
     majority of the Committee was actually present.
       (c) Rollcall Votes--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 of 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.
       (d) Compliance With Congressional Budget Act--A Committee 
     report on a bill or resolution which has been approved by the 
     Committee shall include the statement required by section 
     308(a) of the Congressional Budget Act of 1974, separately 
     set out and clearly identified, if the bill or resolution 
     provides new budget authority.
       (e) Constitutional Authority Statement--Each report of the 
     committee on a bill or joint resolution of a public character 
     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.
       (f) Changes in Existing Law--Each Committee report on a 
     general appropriation bill shall contain a concise statement 
     describing fully the effect of any provision of the bill 
     which directly or indirectly changes the application of 
     existing law.
       (g) Rescissions and Transfers--Each bill or resolution 
     reported by the Committee shall include separate headings for 
     rescissions and transfers of unexpended balances with all 
     proposed rescissions and transfers listed therein. The report 
     of the Committee accompanying such a bill or resolution shall 
     include a separate section with respect to such rescissions 
     or transfers.
       (h) Listing of Unauthorized Appropriations--Each Committee 
     report on a general appropriations bill shall contain a list 
     of all appropriations contained in the bill for any 
     expenditure not previously authorized by law (except for 
     classified intelligence or national security programs, 
     projects, or activities) along with a statement of the last 
     year for which such expenditures were authorized, the level 
     of expenditures authorized for that year, the actual level of 
     expenditures for that year, and the level of appropriations 
     in the bill for such expenditures.
       (i) Supplemental or Minority Views:
       (1) If, at the time the Committee approves any measure or 
     matter, any Committee Member gives notice of intention to 
     file supplemental, minority, or additional views, the Member 
     shall be entitled to not less than two additional calendar 
     days after the day of such notice (excluding Saturdays, 
     Sundays, and legal holidays) in which to file such views in 
     writing and signed by the Member, with the Clerk of the 
     Committee. All such views so filed shall be included in and 
     shall be a part of the report filed by the Committee with 
     respect to that measure or matter.
       (2) The Committee report on that measure or matter shall be 
     printed in a single volume which--
       (i) shall include all supplemental, minority, or additional 
     views which have been submitted by the time of the filing of 
     the report, and
       (ii) shall have on its cover a recital that any such 
     supplemental, minority, or additional views are included as 
     part of the report.
       (3) Subsection (i)(1) of this section, above, does not 
     preclude--
       (i) 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 such subsection; or
       (ii) the filing by the Committee of a supplemental report 
     on a measure or matter which may be required for correction 
     of any technical error in a previous report made by the 
     Committee on that measure or matter.
       (4) If, at the time a subcommittee approves any measure or 
     matter for recommendation to the full Committee, any Member 
     of that subcommittee who gives notice of intention to offer 
     supplemental, minority, or additional views shall be 
     entitled, insofar as is practicable and in accordance with 
     the printing requirements as determined by the subcommittee, 
     to include such views in the Committee Print with respect to 
     that measure or matter.
       (j) Availability of Reports--A copy of each bill, 
     resolution, or report shall be made available to each Member 
     of the Committee at least three calendar days (excluding 
     Saturdays, Sundays, and legal holidays) in advance of the 
     date on which the Committee is to consider each bill, 
     resolution, or report; Provided, That this subsection may be 
     waived by agreement between the Chairman and the Ranking 
     Minority Member of the full Committee.
       (k) Performance Goals and Objectives--Each Committee report 
     shall contain a statement of general performance goals and 
     objectives, including outcome-related goals and objectives, 
     for which the measure authorizes funding.
       (l) The Chairman is directed to offer a motion under clause 
     1 of rule XXII of the Rules of the House whenever the 
     Chairman considers it appropriate.
     Sec. 7: Voting
       (a) No vote by any Member of the Committee or any of its 
     subcommittees with respect to any measure or matter may be 
     cast by proxy.

[[Page H682]]

       (b) The vote on any question before the Committee shall be 
     taken by the yeas and nays on the demand of one-fifth of the 
     Members present.
       (c) The Chairman of the Committee and any of its 
     subcommittees may--
       (1) postpone further proceedings when a record vote is 
     ordered on the question of approving a measure or matter or 
     on adopting an amendment;
       (2) resume proceedings on a postponed question at any time 
     after reasonable notice.
       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.
     Sec. 8: Studies and Examinations
       The following procedure shall be applicable with respect to 
     the conduct of studies and examinations of the organization 
     and operation of Executive Agencies under authority contained 
     in Section 202(b) of the Legislative Reorganization Act of 
     1946 and in Clause (3)(a) of Rule X of the Rules of the House 
     of Representatives:
       (a) The Chairman is authorized to appoint such staff and, 
     in his discretion, arrange for the procurement of temporary 
     services of consultants, as from time to time may be 
     required.
       (b) Studies and examinations will be initiated upon the 
     written request of a subcommittee which shall be reasonably 
     specific and definite in character, and shall be initiated 
     only by a majority vote of the subcommittee, with the 
     chairman of the subcommittee and the ranking minority member 
     thereof participating as part of such majority vote. When so 
     initiated such request shall be filed with the Clerk of the 
     Committee for submission to the Chairman and the Ranking 
     Minority Member and their approval shall be required to make 
     the same effective. Notwithstanding any action taken on such 
     request by the chairman and ranking minority member of the 
     subcommittee, a request may be approved by a majority of the 
     Committee.
       (c) Any request approved as provided under subsection (b) 
     shall be immediately turned over to the staff appointed for 
     action.
       (d) Any information obtained by such staff shall be 
     reported to the chairman of the subcommittee requesting such 
     study and examination and to the Chairman and Ranking 
     Minority Member, shall be made available to the members of 
     the subcommittee concerned, and shall not be released for 
     publication until the subcommittee so determines.
       (e) Any hearings or investigations which may be desired, 
     aside from the regular hearings on appropriation items, when 
     approved by the Committee, shall be conducted by the 
     subcommittee having jurisdiction over the matter.
     Sec. 9: Official Travel
       (a) The chairman of a subcommittee shall approve requests 
     for travel by subcommittee members and staff for official 
     business within the jurisdiction of that subcommittee. The 
     ranking minority member of a subcommittee shall concur in 
     such travel requests by minority members of that subcommittee 
     and the Ranking Minority Member shall concur in such travel 
     requests for Minority Members of the Committee. Requests in 
     writing covering the purpose, itinerary, and dates of 
     proposed travel shall be submitted for final approval to the 
     Chairman. Specific approval shall be required for each and 
     every trip.
       (b) The Chairman is authorized during the recess of the 
     Congress to approve travel authorizations for Committee 
     Members and staff, including travel outside the United 
     States.
       (c) As soon as practicable, the Chairman shall direct the 
     head of each Government agency concerned not to honor 
     requests of subcommittees, individual Members, or staff for 
     travel, the direct or indirect expenses of which are to be 
     defrayed from an executive appropriation, except upon request 
     from the Chairman.
       (d) In accordance with Clause 8 of Rule X of the Rules of 
     the House of Representatives and section 502(b) of the Mutual 
     Security Act of 1954, as amended, local currencies owned by 
     the United States shall be available to Committee Members and 
     staff engaged in carrying out their official duties outside 
     the United States, its territories, or possessions. No 
     Committee Member or staff member shall receive or expend 
     local currencies for subsistence in any country at a rate in 
     excess of the maximum per diem rate set forth in applicable 
     Federal law.
       (e) Travel Reports:
       (1) Members or staff shall make a report to the Chairman on 
     their travel, covering the purpose, results, itinerary, 
     expenses, and other pertinent comments.
       (2) With respect to travel outside the United States or its 
     territories or possessions, the report shall include: (1) An 
     itemized list showing the dates each country was visited, the 
     amount of per diem furnished, the cost of transportation 
     furnished, and any funds expended for any other official 
     purpose; and (2) a summary in these categories of the total 
     foreign currencies and/or appropriated funds expended. All 
     such individual reports on foreign travel shall be filed with 
     the Chairman no later than sixty days following completion of 
     the travel for use in complying with reporting requirements 
     in applicable Federal law, and shall be open for public 
     inspection.
       (3) Each Member or employee performing such travel shall be 
     solely responsible for supporting the amounts reported by the 
     Member or employee.
       (4) No report or statement as to any trip shall be 
     publicized making any recommendations in behalf of the 
     Committee without the authorization of a majority of the 
     Committee.
       (f) Members and staff of the Committee performing 
     authorized travel on official business pertaining to the 
     jurisdiction of the Committee shall be governed by applicable 
     laws or regulations of the House and of the Committee on 
     House Administration pertaining to such travel, and as 
     promulgated from time to time by the Chairman.

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