[Congressional Record Volume 153, Number 18 (Tuesday, January 30, 2007)]
[House]
[Pages H1021-H1023]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page H1021]]
 PUBLICATION OF THE RULES OF THE COMMITTEE ON OVERSIGHT AND GOVERNMENT 
                         REFORM, 110TH CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from California (Mr. Waxman) is recognized for 5 minutes.
  Mr. WAXMAN. Madam 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 Oversight and Government Reform for the 110th Congress. 
These rules were adopted by voice vote on January 18, 2007, at an open 
meeting of the Committee.

    Resolution of the Committee on Oversight and Government Reform--
Adoption of the Rules of the Committee--U.S. House of Representatives, 
                    110th Congress, January 18, 2007


                      Rule 1--Application of Rules

       Except where the terms ``full committee'' and 
     ``subcommittee'' are specifically referred to, the following 
     rules shall apply to the Committee on Oversight and 
     Government Reform and its subcommittees as well as to the 
     respective chairs. [See House Rule XI, 1.]


                            Rule 2--Meetings

       The regular meetings of the full Committee shall be held on 
     the second Thursday of each month at 10 a.m., when the House 
     is in session. The chairman is authorized to dispense with a 
     regular meeting or to change the date thereof, and to call 
     and convene additional meetings, when circumstances warrant. 
     A special meeting of the Committee may be requested by 
     members of the Committee following the provisions of House 
     Rule XI, clause 2(c)(2). Subcommittees shall meet at the call 
     of the subcommittee chairs. Every member of the Committee or 
     the appropriate subcommittee, unless prevented by unusual 
     circumstances, shall be provided with a memorandum at least 
     three calendar days before each meeting or hearing explaining 
     (1) the purpose of the meeting or hearing; and (2) the names, 
     titles, background and reasons for appearance of any 
     witnesses. The ranking minority member shall be responsible 
     for providing the same information on witnesses whom the 
     minority may request. [See House Rule XI, 2 (b) and (c).]


                            Rule 3--Quorums

       (a) A majority of the members of the Committee shall form a 
     quorum, except that two members shall constitute a quorum for 
     taking testimony and receiving evidence, and one third of 
     members shall form a quorum for taking any action other than 
     for which the presence of a majority of the Committee is 
     otherwise required. If the chairman is not present at any 
     meeting of the committee or subcommittee, the ranking member 
     of the majority party on the Committee or subcommittee who is 
     present shall preside at that meeting.
       (b) The chairman of the Committee may, at the request of a 
     subcommittee chair, make a temporary assignment of any member 
     of the Committee to such subcommittee for the purpose of 
     constituting a quorum at and participating in any public 
     hearing by such subcommittee to be held outside of 
     Washington, DC. Members appointed to such temporary positions 
     shall not be voting members. The chairman shall give 
     reasonable notice of such temporary assignment to the ranking 
     members of the Committee and subcommittee. [See House Rule 
     XI, 2(h).]


                       Rule 4--Committee Reports

       Bills and resolutions approved by the Committee shall be 
     reported by the chairman following House Rule XIII, clauses 
     2-4. A proposed report shall not be considered in 
     subcommittee or full Committee unless the proposed report has 
     been available to the members of such subcommittee or full 
     Committee for at least three calendar days (excluding 
     Saturdays, Sundays, and legal holidays, unless the House 
     is in session on such days) before consideration of such 
     proposed report in subcommittee or full Committee. Any 
     report will be considered as read if available to the 
     members at least 24 hours before consideration, excluding 
     Saturdays, Sundays, and legal holidays unless the House is 
     in session on such days. If hearings have been held on the 
     matter reported upon, every reasonable effort shall be 
     made to have such hearings printed and available to the 
     members of the subcommittee or full Committee before the 
     consideration of the proposed report in such subcommittee 
     or full Committee. Every investigative report shall be 
     approved by a majority vote of the Committee at a meeting 
     at which a quorum is present. Supplemental, minority, or 
     additional views may be filed following House Rule XI, 
     clause 2(l) and Rule XIII, clause 3(a)(1). The time 
     allowed for filing such views shall be three calendar 
     days, beginning on the day of notice, but excluding 
     Saturdays, Sundays, and legal holidays (unless the House 
     is in session on such a day), unless the Committee agrees 
     to a different time, but agreement on a shorter time shall 
     require the concurrence of each member seeking to file 
     such views. An investigative or oversight report may be 
     filed after sine die adjournment of the last regular 
     session of Congress, provided that if a member gives 
     timely notice of intention to file supplemental, minority 
     or additional views, that member shall be entitled to not 
     less than seven calendar days in which to submit such 
     views for inclusion with the report. Only those reports 
     approved by a majority vote of the Committee may be 
     ordered printed, unless otherwise required by the Rules of 
     the House of Representatives.


                          Rule 5--Proxy Votes

       In accordance with the Rules of the House of 
     Representatives, members may not vote by proxy on any measure 
     or matter before the Committee or any subcommittee. [See 
     House Rule XI, 2(f).]


                          Rule 6--Record Votes

       A record vote of the members may be had upon the request of 
     any member upon approval of a one-fifth vote of the members 
     present.


                  Rule 7--Record of Committee Actions

       The Committee staff shall maintain in the Committee offices 
     a complete record of Committee actions from the current 
     Congress including a record of the rollcall votes taken at 
     Committee business meetings. The original records, or true 
     copies thereof, as appropriate, shall be available for public 
     inspection whenever the Committee offices are open for public 
     business. The staff shall assure that such original records 
     are preserved with no unauthorized alteration, additions, or 
     defacement. [See House Rule XI, 2(e).]


                    Rule 8--Subcommittees; Referrals

       (a) There shall be five standing subcommittees with 
     appropriate party ratios. The chairman shall assign members 
     to the subcommittees. Minority party assignments shall be 
     made only with the concurrence of the ranking minority 
     member. The subcommittees shall have the following fixed 
     jurisdictions:
       (1) The Subcommittee on Domestic Policy--Oversight 
     jurisdiction over domestic policies, including matters 
     relating to energy, labor, education, criminal justice, and 
     the economy. The Subcommittee also has legislative 
     jurisdiction over the Office of National Drug Control Policy;
       (2) The Subcommittee on Federal Workforce, Postal Service, 
     and the District of Columbia--Federal employee issues, the 
     municipal affairs (other than appropriations) of the District 
     of Columbia, and the Postal Service. The Subcommittee's 
     jurisdiction includes postal namings, holidays, and 
     celebrations;
       (3) The Subcommittee on Government Management, 
     Organization, and Procurement--The management of government 
     operations, reorganizations of the executive branch, and 
     federal procurement;
       (4) The Subcommittee on Information Policy, Census, and 
     National Archives--Public information and records laws such 
     as the Freedom of Information Act, the Presidential Records 
     Act, and the Federal Advisory Committee Act, the Census 
     Bureau, and the National Archives and Records Administration; 
     and
       (5) The Subcommittee on National Security and Foreign 
     Affairs--Oversight jurisdiction over national security, 
     homeland security, and foreign affairs.
       (b) Bills, resolutions, and other matters shall be 
     expeditiously referred by the chairman to subcommittees for 
     consideration or investigation in accordance with their fixed 
     jurisdictions. Where the subject matter of the referral 
     involves the jurisdiction of more than one subcommittee or 
     does not fall within any previously assigned jurisdiction, 
     the chairman shall refer the matter as he may deem advisable. 
     Bills, resolutions, and other matters referred to 
     subcommittees may be reassigned by the chairman when, in his 
     judgment, the subcommittee is not able to complete its work 
     or cannot reach agreement therein. In a subcommittee having 
     an even number of members, if there is a tie vote with all 
     members voting on any measure, the measure shall be placed on 
     the agenda for full Committee consideration as if it had been 
     ordered reported by the subcommittee without recommendation. 
     This provision shall not preclude further action on the 
     measure by the subcommittee.


                       Rule 9--Ex Officio Members

       The chairman and the ranking minority member of the 
     Committee shall be ex officio members of all subcommittees. 
     They are authorized to vote on subcommittee matters; but, 
     unless they are regular members of the subcommittee, they 
     shall not be counted in determining a subcommittee quorum 
     other than a quorum for taking testimony.


                             Rule 10--Staff

       Except as otherwise provided by House Rule X, clauses 6, 7 
     and 9, the chairman of the full Committee shall have the 
     authority to hire and discharge employees of the professional 
     and clerical staff of the full Committee and of 
     subcommittees.


                        Rule 11--Staff Direction

       Except as otherwise provided by House Rule X, clauses 6, 7 
     and 9, the staff of the Committee shall be subject to the 
     direction of the chairman of the full Committee and shall 
     perform such duties as he may assign.


                  Rule 12--Hearing Dates and Witnesses

       (a) 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.
       (b) No subcommittee of the Committee may meet or hold a 
     hearing at the same time as a meeting or hearing of the 
     Committee.
       (c) The chair of each subcommittee shall set hearing and 
     meeting dates only with the approval of the chairman with a 
     view toward assuring the availability of meeting rooms and 
     avoiding simultaneous scheduling of Committee and 
     subcommittee meetings or hearings.
       (d) Each subcommittee chair shall notify the chairman of 
     any hearing plans at least

[[Page H1022]]

     two weeks before the date of commencement of the hearings, 
     including the date, place, subject matter, and the names of 
     witnesses, willing and unwilling, who would be called to 
     testify, including, to the extent the chair is advised 
     thereof, witnesses whom the minority members may request.
       (e) Witnesses appearing before the Committee shall so far 
     as practicable, submit written statements at least 24 hours 
     before their appearance and, when appearing in a non-
     governmental capacity, provide a curriculum vitae and a 
     listing of any Federal Government grants and contracts 
     received in the previous fiscal year. [See House Rules XI, 2 
     (g)(3), (g)(4), (j) and (k).]


                         Rule 13--Open Meetings

       Meetings for the transaction of business and hearings of 
     the Committee shall be open to the public or closed in 
     accordance with Rule XI of the House of Representatives. [See 
     House Rules XI, 2 (g) and (k).]


                       Rule 14--Five-Minute Rule

       (a) A Committee member may question a witness only when 
     recognized by the chairman for that purpose. In accordance 
     with House Rule XI, clause 2(j)(2), each Committee member may 
     request up to five minutes to question a witness until each 
     member who so desires has had such opportunity. Until all 
     such requests have been satisfied, the chairman shall, so far 
     as practicable, recognize alternately based on seniority of 
     those majority and minority members present at the time the 
     hearing was called to order and others based on their arrival 
     at the hearing. After that, additional time may be extended 
     at the direction of the chairman.
       (b) The chairman, with the concurrence of the ranking 
     minority member, or the Committee by motion, may permit an 
     equal number of majority and minority members to question a 
     witness for a specified, total period that is equal for each 
     side and not longer than thirty minutes for each side.
       (c) The chairman, with the concurrence of the ranking 
     minority member, or the Committee by motion, may permit 
     Committee staff of the majority and minority to question a 
     witness for a specified, total period that is equal for each 
     side and not longer than thirty minutes for each side.
       (d) Nothing in paragraph (b) or (c) affects the rights of a 
     Member (other than a Member designated under paragraph (b)) 
     to question a witness for 5 minutes in accordance with 
     paragraph (a) after the questioning permitted under paragraph 
     (b) or ( c). In any extended questioning permitted under 
     paragraph (b) or ( c), the chairman shall determine how to 
     allocate the time permitted for extended questioning by 
     majority members or majority Committee staff and the ranking 
     minority member shall determine how to allocate the time 
     permitted for extended questioning by minority members or 
     minority committee staff. The chairman or the ranking 
     minority member, as applicable, may allocate the time for any 
     extended questioning permitted to staff under paragraph (c) 
     to members.


               Rule 15--Investigative Hearing Procedures

       Investigative hearings shall be conducted according to the 
     procedures in House Rule XI, clause 2(k). All questions put 
     to witnesses before the Committee shall be relevant to the 
     subject matter before the Committee for consideration, and 
     the chairman shall rule on the relevance of any questions put 
     to the witnesses.


                      Rule 16--Stenographic Record

       A stenographic record of all testimony shall be kept of 
     public hearings and shall be made available on such 
     conditions as the chairman may prescribe.


      Rule 17--Audio and Visual Coverage of Committee Proceedings

       (a) An open meeting or hearing of the Committee or a 
     subcommittee may be covered, in whole or in part, by 
     television broadcast, radio broadcast, Internet broadcast, 
     and still photography, unless closed subject to the 
     provisions of House Rule XI, clause 2(g). Any such coverage 
     shall conform with the provisions of House Rule XI, clause 4.
       (b) Use of the Committee Broadcast System shall be fair and 
     nonpartisan, and in accordance with House Rule XI, clause 
     4(b), and all other applicable rules of the House of 
     Representatives and the Committee on Government Reform. 
     Members of the committee shall have prompt access to a copy 
     of coverage by the Committee Broadcast System, to the extent 
     that such coverage is maintained.
       (c) Personnel providing coverage of an open meeting or 
     hearing of the Committee or a subcommittee by Internet 
     broadcast, other than through the Committee Broadcast System, 
     shall be currently accredited to the Radio and Television 
     Correspondents' Galleries.


                       Rule 18--Committee Website

       The chairman shall maintain an official Committee website 
     for the purpose of furthering the Committee's legislative and 
     oversight responsibilities, including communicating 
     information about the Committee's activities to Committee 
     members and other members of the House. The ranking minority 
     member may maintain an official website for the purpose of 
     carrying out official responsibilities including but not 
     limited to communicating information about the activities of 
     the minority to Committee members and other members of the 
     House.


                 Rule 19--Additional Duties of Chairman

       The chairman of the full Committee shall:
       (a) Make available to other committees the findings and 
     recommendations resulting from the investigations of the 
     Committee or its subcommittees as required by House Rule X, 
     clause 4(c)(2);
       (b) Direct such review and studies on the impact or 
     probable impact of tax policies affecting subjects within the 
     Committee's jurisdiction as required by House Rule X, clause 
     2(c);
       (c) Submit to the Committee on the Budget views and 
     estimates required by House Rule X, clause 4(f), and to file 
     reports with the House as required by the Congressional 
     Budget Act;
       (d) Authorize and issue subpoenas as provided in House Rule 
     XI, clause 2(m), in the conduct of any investigation or 
     activity or series of investigations or activities within the 
     jurisdiction of the Committee;
       (e) Prepare, after consultation with subcommittee chairs 
     and the minority, a budget for the Committee which shall 
     include an adequate budget for the subcommittees to discharge 
     their responsibilities;
       (f) Make any necessary technical and conforming changes to 
     legislation reported by the committee upon unanimous consent; 
     and
       (g) 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.


                      Rule 20--Subjects of Stamps

       The Committee has adopted the policy that the determination 
     of the subject matter of commemorative stamps and new semi-
     postal issues is properly is for consideration by the 
     Postmaster General and that the Committee will not give 
     consideration to legislative proposals specifying the subject 
     matter of commemorative stamps and new semi-postal issues. It 
     is suggested that recommendations for the subject matter of 
     stamps be submitted to the Postmaster General.


                    Rule 21--Panels and Task Forces

       (a) The chairman of the Committee is authorized to appoint 
     panels or task forces to carry out the duties and functions 
     of the Committee.
       (b) The chairman and ranking minority member of the 
     Committee may serve as ex-officio members of each panel or 
     task force.
       (c) The chairman of any panel or task force shall be 
     appointed by the chairman of the Committee. The ranking 
     minority member shall select a ranking minority member for 
     each panel or task force.
       (d) The House and Committee rules applicable to 
     subcommittee meetings, hearings, recommendations, and reports 
     shall apply to the meetings, hearings, recommendations, and 
     reports of panels and task forces.
       (e) No panel or task force so appointed shall continue in 
     existence for more than six months. A panel or task force so 
     appointed may, upon the expiration of six months, be 
     reappointed by the chairman.


                     Rule 22--Deposition Authority

       The chairman, upon consultation with the ranking minority 
     member, may order the taking of depositions, under oath and 
     pursuant to notice or subpoena.
       Notices for the taking of depositions shall specify the 
     date, time, and place of examination. Depositions shall be 
     taken under oath administered by a member or a person 
     otherwise authorized to administer oaths.
       Consultation with the ranking minority member shall include 
     three business day's written notice before any deposition is 
     taken. All members shall also receive three business day's 
     written notice that a deposition has been scheduled.
       Witnesses may be accompanied at a deposition by counsel to 
     advise them of their rights. No one may be present at 
     depositions except members, Committee staff designated by the 
     chairman or ranking minority member, an official reporter, 
     the witness, and the witness's counsel. Observers or counsel 
     for other persons, or for agencies under investigation, may 
     not attend.
       A deposition shall be conducted by any member or staff 
     attorney designated by the chairman or ranking minority 
     member. When depositions are conducted by Committee staff 
     attorneys, there shall be no more than two Committee staff 
     attorneys permitted to question a witness per round. One of 
     the Committee staff attorneys shall be designated by the 
     chairman and the other by the ranking minority member. Other 
     Committee staff members designated by the chairman or ranking 
     minority member may attend, but may not pose questions to the 
     witness.
       Questions in the deposition shall be propounded in rounds, 
     alternating between the majority and minority. A single round 
     shall not exceed 60 minutes per side, unless the members or 
     staff attorneys conducting the deposition agree to a 
     different length of questioning. In each round, a member or 
     Committee staff attorney designated by the chairman shall ask 
     questions first, and the member or Committee staff attorney 
     designated by the ranking minority member shall ask questions 
     second.
       The chairman may rule on any objections raised during a 
     deposition. If a member of the Committee appeals in writing 
     the ruling of the chairman, the appeal shall be preserved for 
     Committee consideration. A witness that refuses to answer a 
     question after being directed to answer by the chairman may 
     be subject to sanction, except that no sanctions may be 
     imposed if the ruling of the chairman is reversed on appeal.

[[Page H1023]]

       Committee staff shall ensure that the testimony is either 
     transcribed or electronically recorded or both. If a 
     witness's testimony is transcribed, the witness or the 
     witness's counsel shall be afforded an opportunity to review 
     a copy. No later than five days thereafter, the witness may 
     submit suggested changes to the chairman. Committee staff may 
     make any typographical and technical changes requested by the 
     witness. Substantive changes, modifications, clarifications, 
     or amendments to the deposition transcript submitted by the 
     witness must be accompanied by a letter signed by the witness 
     requesting the changes and a statement of the witness's 
     reasons for each proposed change. Any substantive changes, 
     modifications, clarifications, or amendments shall be 
     included as an appendix to the transcript conditioned upon 
     the witness signing the transcript.
       The individual administering the oath, if other than a 
     member, shall certify on the transcript that the witness was 
     duly sworn. The transcriber shall certify that the transcript 
     is a true record of the testimony, and the transcript shall 
     be filed, together with any electronic recording, with the 
     clerk of the Committee in Washington, DC. Depositions shall 
     be considered to have been taken in Washington, DC, as well 
     as the location actually taken once filed there with the 
     clerk of the Committee for the Committee's use. The chairman 
     and the ranking minority member shall be provided with a copy 
     of the transcripts of the deposition at the same time.
       The chairman and ranking minority member shall consult 
     regarding the release of depositions. If either objects in 
     writing to a proposed release of a deposition or a portion 
     thereof, the matter shall be promptly referred to the 
     Committee for resolution.
       A witness shall not be required to testify unless the 
     witness has been provided with a copy of the Committee's 
     rules.

                          ____________________