[Congressional Record Volume 151, Number 21 (Tuesday, March 1, 2005)]
[House]
[Pages H822-H824]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PUBLICATION OF THE RULES OF THE COMMITTEE ON THE BUDGET FOR THE 109TH 
                                CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Iowa (Mr. Nussle) is recognized for 5 minutes.
  Mr. NUSSLE. Mr. Speaker, in accordance with clause 2(a) of Rule XI of 
the Rules of the House of Representatives, I submit for printing in the 
Congressional Record the Rules of the Committee on the Budget for the 
109th Congress.
  These rules were adopted by the Committee on the Budget by voice vote 
at an organizational meeting held by the Committee on February 2, 2005.
  If there are any questions on the Committee Rules, please contact 
Paul Restuccia, Chief Counsel of the Budget Committee, at 6-7270.

                  Rules of the Committee on the Budget


                         General Applicability

     Rule 1--Applicability of House Rules
       Except as otherwise specified herein, the Rules of the 
     House are the rules of the committee so far as applicable, 
     except that a motion to recess from day to day is a motion of 
     high privilege.

[[Page H823]]

                                Meetings

     Rule 2--Regular meetings
       (a) The regular meeting day of the committee shall be the 
     second Wednesday of each month at 11 a.m., while the House is 
     in session.
       (b) The Chairman is authorized to dispense with a regular 
     meeting when the Chairman determines there is no business to 
     be considered by the committee. The Chairman shall give 
     written notice to that effect to each member of the committee 
     as far in advance of the regular meeting day as the 
     circumstances permit.
       (c) Regular meetings shall be canceled when they conflict 
     with meetings of either party's caucus or conference.
     Rule 3--Additional and special meetings
       (a) The Chairman may call and convene additional meetings 
     of the committee as the Chairman considers necessary, or 
     special meetings at the request of a majority of the members 
     of the committee in accordance with House Rule XI, clause 
     2(c).
       (b) In the absence of exceptional circumstances, the 
     Chairman shall provide written notice of additional meetings 
     to the office of each member at least 24 hours in advance 
     while Congress is in session, and at least three days in 
     advance when Congress is not in session.
     Rule 4--0pen business meetings
       (a) Each meeting for the transaction of committee business, 
     including the markup of measures, shall be open to the public 
     except when the committee, in open session and with a quorum 
     present, determines by roll call vote that all or part of the 
     remainder of the meeting on that day shall be closed to the 
     public in accordance with House Rule XI, clause 2(g)(1).
       (b) No person other than members of the committee and such 
     congressional staff and departmental representatives as the 
     committee may authorize shall be present at any business or 
     markup session which has been closed to the public.
     Rule 5--Quorums
       A majority of the committee shall constitute a quorum. No 
     business shall be transacted and no measure or recommendation 
     shall be reported unless a quorum is actually present.
     Rule 6--Recognition
       Any member, when recognized by the Chairman, may address 
     the committee on any bill, motion, or other matter under 
     consideration before the committee. The time of such member 
     shall be limited to five minutes until all members present 
     have been afforded an opportunity to comment.
     Rule 7--Consideration of business
       Measures or matters may be placed before the committee, for 
     its consideration, by the Chairman or by a majority vote of 
     the members of the committee, a quorum being present.
     Rule 8--Availability of legislation
       The committee shall consider no bill, joint resolution, or 
     concurrent resolution unless copies of the measure have been 
     made available to all committee members at least four hours 
     prior to the time at which such measure is to be considered. 
     When considering concurrent resolutions on the budget, this 
     requirement shall be satisfied by making available copies of 
     the complete Chairman's mark (or such material as will 
     provide the basis for committee consideration). The 
     provisions of this rule may be suspended with the concurrence 
     of the Chairman and Ranking Minority Member.
     Rule 9--Procedure for consideration of budget resolution
       (a) It shall be the policy of the committee that the 
     starting point for any deliberations on a concurrent 
     resolution on the budget should be the estimated or actual 
     levels for the fiscal year preceding the budget year.
       (b) In the consideration of a concurrent resolution on the 
     budget, the committee shall first proceed, unless otherwise 
     determined by the committee, to consider budget aggregates, 
     functional categories, and other appropriate matters on a 
     tentative basis, with the document before the committee open 
     to amendment. Subsequent amendments may be offered to 
     aggregates, functional categories, or other appropriate 
     matters, which have already been amended in their entirety.
       (c) Following adoption of the aggregates, functional 
     categories, and other matters, the text of a concurrent 
     resolution on the budget incorporating such 
     aggregates, functional categories, and other appropriate 
     matters shall be considered for amendment and a final 
     vote.
     Rule 10--Roll call votes
       A roll call of the members may be had upon the request of 
     at least one-fifth of those present. In the apparent absence 
     of a quorum, a roll call may be had on the request of any 
     member.


                                HEARINGS

     Rule 11--Announcement of hearings
       The Chairman shall make a public announcement of the date, 
     place, and subject matter of any committee hearing at least 1 
     week before the hearing, beginning with the day in which the 
     announcement is made and ending the day preceding the 
     scheduled hearing unless the Chairman, with the concurrence 
     of the Ranking Minority Member, or the committee by majority 
     vote with a quorum present for the transaction of business, 
     determines there is good cause to begin the hearing sooner, 
     in which case the Chairman shall make the announcement at the 
     earliest possible date.
     Rule 12--0pen hearings
       (a) Each hearing conducted by the committee or any of its 
     task forces shall be open to the public except when the 
     committee or task force, in open session and with a quorum 
     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 compromise sensitive law enforcement 
     information, or would tend to defame, degrade, or incriminate 
     any person, or would violate any law or rule of the House of 
     Representatives. The committee or task forces may by the same 
     procedure vote to close one subsequent day of hearing.
       (b) For the purposes of House Rule XI, clause 2(g)(2), the 
     task forces of the committee are considered to be 
     subcommittees.
     Rule 13--Quorums
       For the purpose of hearing testimony, not less than two 
     members of the committee shall constitute a quorum.
     Rule 14--Questioning witnesses
       (a) Questioning of witnesses will be conducted under the 
     five-minute rule unless the committee adopts a motion 
     pursuant to House Rule XI clause 2(j).
       (b) In questioning witnesses under the 5-minute rule:
       (I) First, the Chairman and the Ranking Minority Member 
     shall be recognized;
       (2) Next, the members present at the time the hearing is 
     called to order shall be recognized in order of seniority; 
     and
       (3) Finally, members not present at the time the hearing is 
     called to order may be recognized in the order of their 
     arrival at the hearing.
       In recognizing members to question witnesses, the Chairman 
     may take into consideration the ratio of majority members to 
     minority members and the number of majority and minority 
     members present and shall apportion the recognition for 
     questioning in such a manner as not to disadvantage the 
     members of the majority.
     Rule 15--Subpoenas and oaths
       (a) In accordance with House Rule XI, clause 2(m) subpoenas 
     authorized by a majority of the committee may be issued over 
     the signature of the Chairman or of any member of the 
     committee designated by him, and may be served by any person 
     designated by the Chairman or such member.
       (b) The Chairman, or any member of the committee designated 
     by the Chairman, may administer oaths to witnesses.
     Rule 16--Witnesses' statements
       (a) So far as practicable, any prepared statement to be 
     presented by a witness shall be submitted to the committee at 
     least 24 hours in advance of presentation, and shall be 
     distributed to all members of the committee in advance of 
     presentation.
       (b) To the greatest extent possible, each witness appearing 
     in a nongovernmental capacity shall include with the written 
     statement of proposed testimony a curriculum vitae and a 
     disclosure of the amount and source (by agency and program) 
     of any Federal grant (or sub-grant thereof) or contract (or 
     subcontract thereof) received during the current fiscal year 
     or either of the two preceding fiscal years.


                        PRINTS AND PUBLICATIONS

     Rule 17--Committee prints
       All committee prints and other materials prepared for 
     public distribution shall be approved by the committee prior 
     to any distribution, unless such print or other material 
     shows clearly on its face that it has not been approved by 
     the committee.
     Rule 18--Committee publications on the Internet
       To the maximum extent feasible, the committee shall make 
     its publications available in electronic form.


                                 STAFF

     Rule 19--Committee staff
       (a) Subject to approval by the committee, and to the 
     provisions of the following paragraphs, the professional and 
     clerical staff of the committee shall be appointed, and may 
     be removed, by the Chairman.
       (b) Committee staff shall not be assigned any duties other 
     than those pertaining to committee business, and shall be 
     selected without regard to race, creed, sex, or age, and 
     solely on the basis of fitness to perform the duties of their 
     respective positions.
       (c) All committee staff shall be entitled to equitable 
     treatment, including comparable salaries, facilities, access 
     to official committee records, leave, and hours of work.
       (d) Notwithstanding paragraphs a, b, and c, staff shall be 
     employed in compliance with House rules, the Employment and 
     Accountability Act, the Fair Labor Standards Act of 1938, and 
     any other applicable Federal statutes.
     Rule 20--Staff supervision
       (a) Staff shall be under the general supervision and 
     direction of the Chairman, who shall establish and assign 
     their duties and responsibilities, delegate such authority as 
     he deems appropriate, fix and adjust staff salaries (in 
     accordance with House Rule X, clause 9(c)) and job titles, 
     and, at his discretion, arrange for their specialized 
     training.
       (b) Staff assigned to the minority shall be under the 
     general supervision and direction of the minority members of 
     the committee, who may delegate such authority, as they deem 
     appropriate.

[[Page H824]]

                                RECORDS

     Rule 21--Preparation and maintenance of committee records
       (a) A substantially verbatim account of remarks actually 
     made during the proceedings shall be made of all hearings and 
     business meetings subject only to technical, grammatical, and 
     typographical corrections.
       (b) The proceedings of the committee shall be recorded in a 
     journal, which shall among other things, include a record of 
     the votes on any question on which a record vote is demanded.
       ( c) Members of the committee shall correct and return 
     transcripts of hearings as soon as practicable after receipt 
     thereof, except that any changes shall be limited to 
     technical, grammatical, and typographical corrections.
       (d) Any witness may examine the transcript of his own 
     testimony and make grammatical, technical, and typographical 
     corrections.
       (e) The Chairman may order the printing of a hearing record 
     without the corrections of any member or witness if he 
     determines that such member or witness has been afforded a 
     reasonable time for correction, and that further delay would 
     seriously impede the committee's responsibility for meeting 
     its deadlines under the Congressional Budget Act of 1974.
       (t) Transcripts of hearings and meetings may be printed if 
     the Chairman decides it is appropriate, or if a majority of 
     the members so request.
     Rule 22--Access to committee records
       (a) (1) The Chairman shall promulgate regulations to 
     provide for public inspection of roll call votes and to 
     provide access by members to committee records (in accordance 
     with House Rule XI, clause 2(e)).
       (2) Access to classified testimony and information shall be 
     limited to Members of Congress and to House Budget Committee 
     staff and staff of the Office of Official Reporters who have 
     appropriate security clearance.
       (3) Notice of the receipt of such information shall be sent 
     to the committee members. Such information shall be kept in 
     the committee safe, and shall be available to members in the 
     committee office.
       (b) 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 of 
     Representatives. The Chairman 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 the written request of any member of 
     the committee.


                               OVERSIGHT

     Rule 23--General oversight
       (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 of 
     which is within its jurisdiction.
       (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 
     clause (1)(d) of Rule X of the Rules of the House, and, 
     subject to the adoption of expense resolutions as required 
     by clause 6 of Rule X, to incur expenses (including travel 
     expenses) in connection therewith.
       (c) 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.


                                REPORTS

     Rule 24--Availability before filing
       (a) Any report accompanying any bill or resolution ordered 
     reported to the House by the committee shall be available to 
     all committee members at least 36 hours prior to filing with 
     the House.
       (b) No material change shall be made in any report made 
     available to members pursuant to section (a) without the 
     concurrence of the Ranking Minority Member or by a majority 
     vote of the committee.
       (c) Notwithstanding any other rule of the committee, either 
     or both subsections (a) and (b) may be waived by the Chairman 
     or with a majority vote by the committee.
     Rule 25--Report on the budget resolution
       The report of the committee to accompany a concurrent 
     resolution on the budget shall include a comparison of the 
     estimated or actual levels for the year preceding the budget 
     year with the proposed spending and revenue levels for the 
     budget year and each out year along with the appropriate 
     percentage increase or decrease for each budget function and 
     aggregate. The report shall include any roll call vote on any 
     motion to amend or report any measure.
     Rule 26--Parliamentarian's Status Report and Section 302 
         Status Report
       (a) (l) In order to carry out its duty under sections 311 
     and 312 of the Congressional Budget Act to advise the House 
     of Representatives as to the current level of spending and 
     revenues as compared to the levels set forth in the latest 
     agreed-upon concurrent resolution on the budget, the 
     committee shall advise the Speaker on at least a monthly 
     basis when the House is in session as to its estimate of the 
     current level of spending and revenue. Such estimates shall 
     be prepared by the staff of the committee, transmitted to the 
     Speaker in the form of a Parliamentarian's Status Report, and 
     printed in the Congressional Record.
       (2) The committee authorizes the Chairman, in consultation 
     with the Ranking Minority Member, to transmit to the Speaker 
     the Parliamentarian's Status Report described above.
       (1) In order to carry out its duty under sections 302 and 
     312 of the Congressional Budget Act to advise the House of 
     Representatives as to the current level of spending within 
     the jurisdiction of committees as compared to the appropriate 
     allocations made pursuant to the Budget Act in conformity 
     with the latest agreed-upon concurrent resolution on the 
     budget, the committee shall, as necessary, advise the Speaker 
     as to its estimate of the current level of spending within 
     the jurisdiction of appropriate committees. Such estimates 
     shall be prepared by the staff of the committee and 
     transmitted to the Speaker in the form of a Section 302 
     Status Report.
       (2) The committee authorizes the Chairman, in consultation 
     with the Ranking Minority Member, to transmit to the Speaker 
     the Section 302 Status Report described above.
     Rule 27--Activity report
       After an adjournment of the last regular session of a 
     Congress sine die, the Chair of the committee may file any 
     time with the Clerk the committee's activity report for that 
     Congress pursuant to clause (1)(d)(1) of rule XI of the Rules 
     of the House without the approval of the committee, if a copy 
     of the report has been available to each member of the 
     committee for at least seven calendar days and the report 
     includes any supplemental, minority, or additional views 
     submitted by a member of the committee.


                             MISCELLANEOUS

     Rule 28--Broadcasting of meetings and hearings
       (a) It shall be the policy of the committee to give all 
     news media access to open hearings of the committee, subject 
     to the requirements and limitations set forth in House Rule 
     XI, clause 4.
       (b) Whenever any committee business meeting is open to the 
     public, that meeting may be covered, in whole or in part, by 
     television broadcast, radio broadcast, still photography, or 
     by any of such methods of coverage, in accordance with House 
     Rule XI, clause 4.
     Rule 29--Appointment of conferees
       (a) Majority party members recommended to the Speaker as 
     conferees shall be recommended by the Chairman subject to the 
     approval of the majority party members of the committee.
       (b) The Chairman shall recommend such minority party 
     members as conferees as shall be determined by the minority 
     party; the recommended party representation shall be in 
     approximately the same proportion as that in the committee.
     Rule 30--Waivers
       When a reported bill or joint resolution, conference 
     report, or anticipated floor amendment violates any provision 
     of the Congressional Budget Act of 1974, the Chairman may, if 
     practical, consult with the committee members on whether the 
     Chairman should recommend, in writing, that the Committee on 
     Rules report a special rule that enforces the Act by not 
     waiving the applicable points of order during the 
     consideration of such measure.

                          ____________________