[Congressional Record Volume 159, Number 8 (Wednesday, January 23, 2013)]
[House]
[Pages H259-H275]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PUBLICATION OF COMMITTEE RULES
Rules of the Committee on Rules for the 113th Congress
Mr. SESSIONS. Mr. Speaker, I submit the attached copy of the rules of
the Committee on Rules for the U.S. House of Representatives for the
113th Congress:
RULE I--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
the first day on which votes are scheduled 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 the 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 in electronic or written form
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 available 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--MEETING 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 of the House (which are
incorporated by reference as part of these rules).
(4) Before a motion to report a rule is offered, a copy of
the language recommended shall be furnished to each member of
the Committee.
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; authorizing a subpoena; closing a meeting
or hearing pursuant to clause 2(g) of rule XI of
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the Rules of the House (except as provided in clause
2(g)(2)(A) and (B)); or 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 measure or matter before the
Committee shall be made publicly available in electronic form
within 48 hours, 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 Oversight and 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)(1) 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.
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
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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.
(3) In the case of a resolution providing for consideration
of a measure, the Committee report accompanying such
resolution shall include an accurate explanation of any
waivers of points of order, including a detailed explanation
of all points of order.
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.
Audio and Video Coverage
(c) The Chair shall provide, to the maximum extent
practicable,--
(1) Complete and unedited audio and video broadcasts of all
committee hearings and meetings; and
(2) For distribution of such broadcasts and unedited
recordings thereof to the public and for the storage of audio
and video recordings of the proceedings. Proceedings shall be
broadcast live on the Majority Committee website and
recordings shall be made available on such website within one
calendar day of the proceeding.
Committee Publications on the Internet
(d) To the maximum extent feasible, the Committee shall
make its publications available in electronic form.
Journal
(e)(1) The Committee shall maintain a Committee Journal,
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 Journal shall be published periodically, but in no case
less often than once in each session of Congress. (2) A rule
is considered as formally requested when the Chairman of a
committee of primary jurisdiction 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 the bill or resolution,
as reported, together with the final committee report
thereon.
Other Procedures
(f) 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 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.
____
Rules of the Committee on Natural Resources for the 113th Congress
Mr. HASTINGS of Washington. Mr. Speaker, I submit for publication the
attached copy of the rules of the Committee on Natural Resources for
the U.S. House of Representatives for the 113th Congress:
RULE 1. RULES OF THE HOUSE; VICE CHAIRMEN
(a) Applicability of House Rules.
(1) The Rules of the House of Representatives, so far as
they are applicable, are the rules of the Committee on
Natural Resources (hereinafter in these rules referred to as
the ``Committee'') and its Subcommittees.
(2) Each Subcommittee is part of the Committee and is
subject to the authority, direction and rules of the
Committee. References in these rules to ``Committee'' and
``Chairman'' shall apply to each Subcommittee and its
Chairman wherever applicable.
(3) House Rule XI is incorporated and made a part of the
rules of the Committee to the extent applicable.
(b) Vice Chairmen.--Unless inconsistent with other rules,
the Chairman shall appoint Vice Chairmen of the Committee and
the Subcommittees. If the Chairman of the Committee or
Subcommittee is not present at any meeting of the Committee
or Subcommittee, as the case may be, the Vice Chairman shall
preside. If the Vice Chairman is not present, the ranking
Member of the Majority party on the Committee or Subcommittee
who is present shall preside at that meeting.
RULE 2. MEETINGS IN GENERAL
(a) Scheduled Meetings.--The Committee shall meet at 10
a.m. every Wednesday when the House is in session if so
noticed by the Chairman under Committee Rule 3(a). The
Committee shall also meet at the call of the Chairman subject
to advance notice to all Members of the Committee. Special
meetings shall be called and convened by the Chairman as
provided in clause 2(c)(1) of House Rule XI. Any Committee
meeting or hearing that conflicts with a party caucus,
conference, or similar party meeting shall be rescheduled at
the discretion of the Chairman, in consultation with the
Ranking Minority Member. The Committee may not sit during a
joint session of the House and Senate or during a recess when
a joint meeting of the House and Senate is in progress.
(b) Open Meetings.--Each meeting for the transaction of
business, including the markup of legislation, and each
hearing of the Committee or a Subcommittee shall be open to
the public, except as provided by clause 2(g) and clause 2(k)
of House Rule XI.
(c) Broadcasting.--Whenever a meeting for the transaction
of business, including the markup of legislation, or a
hearing is open to the public, that meeting or hearing shall
be open to coverage by television, radio, and still
photography in accordance with clause 4 of House Rule XI. The
provisions of clause 4(f) of House Rule XI are specifically
made part of these rules by reference. To the maximum extent
practicable, the Committee shall provide audio and visual
coverage of each hearing or meeting for the transaction of
business in a manner that allows the public to easily listen
to and view the proceedings, and maintain the recordings of
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such coverage in a manner that is easily accessible to the
public. Operation and use of any Committee Internet broadcast
system shall be fair and nonpartisan and in accordance with
clause 4(b) of House Rule XI and all other applicable rules
of the Committee and the House.
(d) Oversight Plan.--No later than February 15 of the first
session of each Congress, the Committee shall adopt its
oversight plans for that Congress in accordance with clause
2(d)(1) of House Rule X.
RULE 3. MEETING AND HEARING PROCEDURES IN GENERAL
(a) Notice and Information for Members and the Public.
(1) The Chairman shall publicly announce the date, place
and subject matter of: (i) a Committee hearing, which may not
commence earlier than one week after such notice; or (ii) a
Committee meeting, which may not commence earlier than the
third day on which Members have notice thereof.
(2) A hearing or meeting may begin sooner if the Chairman,
with the concurrence of the Ranking Minority Member,
determines that there is good cause to begin the meeting or
hearing sooner, or if the Committee so determines by majority
vote. In these cases, the Chairman shall publicly announce
the meeting or hearing at the earliest possible time. The
Chief Legislative Clerk of the Committee shall promptly
notify the Daily Digest Clerk of the Congressional Record and
shall promptly make publicly available in electronic form the
appropriate information as soon as possible after the public
announcement is made.
(3) To the extent practicable, a background memorandum
prepared by the Majority staff for the Majority Members and
the Minority staff for the Minority Members summarizing the
major provisions of any bill being considered by the
Committee, including the need for the bill and its effect on
current law, will be available for the Members of the
Committee no later than 48 hours before the meeting.
(b) Public Availability of Markup Text.--At least 24 hours
prior to the markup of any legislation (or at the time of an
announcement under paragraph (a)(2) above made within 24
hours before such meeting), the Chairman shall cause the text
of such legislation to be made publicly available in
electronic form.
(c) Meetings and Hearings to Begin Promptly.--Each meeting
or hearing of the Committee shall begin promptly at the time
stipulated in the public announcement of the meeting or
hearing.
(d) Addressing the Committee.--A Committee Member may
address the Committee or a Subcommittee on any bill, motion,
or other matter under consideration or may question a witness
at a hearing only when recognized by the Chairman for that
purpose. The time a Member may address the Committee or
Subcommittee for any purpose or to question a witness shall
be limited to five minutes, except as provided in Committee
Rule 4(f). A Member shall limit his remarks to the subject
matter under consideration. The Chairman shall enforce the
preceding provision.
(e) Quorums.
(1) A majority of the Members of the Committee shall
constitute a quorum for the reporting of any measure or
recommendation, the authorizing of a subpoena, the closing of
any meeting or hearing to the public under clause 2(g)(1),
clause 2(g)(2)(A) and clause 2(k)(5)(B) of House Rule XI, and
the releasing of executive session materials under clause
2(k)(7) of House Rule X. Testimony and evidence may be
received at any hearing at which there are at least two
Members of the Committee present. For the purpose of
transacting all other business of the Committee, one third of
the Members shall constitute a quorum.
(2) When a call of the roll is required to ascertain the
presence of a quorum, the offices of all Members shall be
notified and the Members shall have not less than 15 minutes
to prove their attendance. The Chairman shall have the
discretion to waive this requirement when a quorum is
actually present or whenever a quorum is secured and may
direct the Chief Legislative Clerk to note the names of all
Members present within the 15-minute period.
(f) Participation of Members in Committee and
Subcommittees.--Any Member of the Committee may sit with any
Subcommittee during any meeting or hearing, and by unanimous
consent of the Members of the Subcommittee, may participate
in such meeting or hearing. However, a Member who is not a
Member of the Subcommittee may not vote on any matter before
the Subcommittee, be counted for purposes of establishing a
quorum or raise points of order.
(g) Proxies.--No vote in the Committee or its Subcommittees
may be cast by proxy.
(h) Record Votes.--Record votes shall be ordered on the
demand of one-fifth of the Members present, or by any Member
in the apparent absence of a quorum.
(i) Postponed Record Votes.
(1) Subject to paragraph (2), the Chairman may, after
consultation with the Ranking Minority Member, postpone
further proceedings when a record vote is ordered on the
question of approving any measure or matter or adopting an
amendment. The Chairman shall resume proceedings on a
postponed request at any time after reasonable notice, but no
later than the next meeting day.
(2) Notwithstanding any intervening order for the previous
question, when proceedings resume on a postponed question
under paragraph (1), an underlying proposition shall remain
subject to further debate or amendment to the same extent as
when the question was postponed.
(3) This rule shall apply to Subcommittee proceedings.
(j) Privileged Motions.--A motion to recess from day to
day, a motion to recess subject to the call of the Chairman
(within 24 hours), and a motion to dispense with the first
reading (in full) of a bill or resolution if printed copies
are available, are nondebatable motions of high privilege.
(k) Layover and Copy of Bill.--No measure or recommendation
reported by a Subcommittee shall be considered by the
Committee until two calendar days from the time of
Subcommittee action. No bill shall be considered by the
Committee unless a copy has been delivered to the office of
each Member of the Committee requesting a copy. These
requirements may be waived by a majority vote of the
Committee at the time of consideration of the measure or
recommendation.
(l) Access to Dais and Conference Room.--Access to the
hearing rooms' daises (and to the conference rooms adjacent
to the Committee hearing rooms) shall be limited to Members
of Congress and employees of the Committee during a meeting
of the Committee, except that Committee Members' personal
staff may be present on the daises if their employing Member
is the author of a bill or amendment under consideration by
the Committee, but only during the time that the bill or
amendment is under active consideration by the Committee.
Access to the conference rooms adjacent to the Committee
hearing rooms shall be limited to Members of Congress and
employees of Congress during a meeting of the Committee.
(m) Cellular Telephones.--The use of cellular telephones is
prohibited on the Committee dais or in the Committee hearing
rooms during a meeting of the Committee.
(n) Motion to go to Conference with the Senate.--The
Chairman may offer a motion under clause 1 of Rule XXII
whenever the Chairman considers it appropriate.
RULE 4. HEARING PROCEDURES
(a) Written Statement; Oral Testimony.--Each witness who is
to appear before the Committee or a Subcommittee shall file
with the Chief Legislative Clerk of the Committee or
Subcommittee Clerk, at least two working days before the day
of his or her appearance, a written statement of their
proposed testimony. Each witness shall limit his or her oral
presentation to a five-minute summary of the written
statement, unless the Chairman, in consultation with the
Ranking Minority Member, extends this time period. In
addition, all witnesses shall be required to submit with
their testimony a resume or other statement describing their
education, employment, professional affiliations and other
background information pertinent to their testimony. Failure
to comply with these requirements may result in the exclusion
of the written testimony from the hearing record and/or the
barring of an oral presentation of the testimony.
(b) Minority Witnesses.--When any hearing is conducted by
the Committee or any Subcommittee upon any measure or matter,
the Minority party Members on the Committee or Subcommittee
shall be entitled, upon request to the Chairman by a majority
of those Minority Members before the completion of the
hearing, to call witnesses selected by the Minority to
testify with respect to that measure or matter during at
least one day of hearings thereon.
(c) Information for Members.--After announcement of a
hearing, the Committee shall make available as soon as
practicable to all Members of the Committee a tentative
witness list and to the extent practicable the Majority staff
shall make available to the Majority Members and the Minority
staff shall make available to the Minority Members a
memorandum explaining the subject matter of the hearing
(including relevant legislative reports and other necessary
material). In addition, the Chairman shall make available to
the Members of the Committee any official reports from
departments and agencies on the subject matter as they are
received.
(d) Subpoenas.--The Committee or a Subcommittee may
authorize and issue a subpoena under clause 2(m) of House
Rule XI if authorized by a majority of the Members voting. In
addition, the Chairman of the Committee may authorize and
issue subpoenas during any period of time in which the House
of Representatives has adjourned for more than three days.
Subpoenas shall be signed only by the Chairman of the
Committee, or any Member of the Committee authorized by the
Committee, and may be served by any person designated by the
Chairman or Member.
(e) Oaths.--The Chairman of the Committee or any Member
designated by the Chairman may administer oaths to any
witness before the Committee. All witnesses appearing in
hearings may be administered the following oath by the
Chairman or his designee prior to receiving the testimony:
``Do you solemnly swear or affirm that the testimony that you
are about to give is the truth, the whole truth, and nothing
but the truth, so help you God?''
Opening Statements; Questioning of Witnesses.
(1) Opening statements by Members may not be presented
orally, unless the Chairman or his designee makes a
statement, in which case the Ranking Minority Member or his
[[Page H263]]
designee may also make a statement. If a witness scheduled to
testify at any hearing of the Committee is a constituent of a
Member of the Committee, that Member shall be entitled to
introduce the witness at the hearing.
(2) The questioning of witnesses in Committee and
Subcommittee hearings shall be initiated by the Chairman,
followed by the Ranking Minority Member and all other Members
alternating between the Majority and Minority parties. In
recognizing Members to question witnesses, the Chairman shall
take into consideration the ratio of the Majority to Minority
Members present and shall establish the order of recognition
for questioning in a manner so as not to disadvantage the
Members of the Majority or the Members of the Minority. A
motion is in order to allow designated Majority and Minority
party Members to question a witness for a specified period to
be equally divided between the Majority and Minority parties.
This period shall not exceed one hour in the aggregate.
(g) Materials for Hearing Record.--Any materials submitted
specifically for inclusion in the hearing record must address
the announced subject matter of the hearing and be submitted
to the relevant Subcommittee Clerk or Chief Legislative Clerk
no later than 10 business days following the last day of the
hearing.
(h) Claims of Privilege.--Claims of common-law privileges
made by witnesses in hearings, or by interviewees or
deponents in investigations or inquiries, are applicable only
at the discretion of the Chairman, subject to appeal to the
Committee.
RULE 5. FILING OF COMMITTEE REPORTS
(a) Duty of Chairman.--Whenever the Committee authorizes
the favorable reporting of a measure from the Committee, the
Chairman or his designee shall report the same to the House
of Representatives and shall take all steps necessary to
secure its passage without any additional authority needing
to be set forth in the motion to report each individual
measure. In appropriate cases, the authority set forth in
this rule shall extend to moving in accordance with the Rules
of the House of Representatives that the House be resolved
into the Committee of the Whole House on the State of the
Union for the consideration of the measure; and to moving in
accordance with the Rules of the House of Representatives for
the disposition of a Senate measure that is substantially the
same as the House measure as reported.
(b) Filing.--A report on a measure which has been approved
by the Committee shall be filed within seven calendar days
(exclusive of days on which the House of Representatives is
not in session) after the day on which there has been filed
with the Committee Chief Legislative Clerk a written request,
signed by a majority of the Members of the Committee, for the
reporting of that measure. Upon the filing with the Committee
Chief Legislative Clerk of this request, the Chief
Legislative Clerk shall transmit immediately to the Chairman
notice of the filing of that request.
(c) Supplemental, Additional or Minority Views.--Any Member
may, if notice is given by any Member at the time a bill or
resolution is approved by the Committee, file supplemental,
additional, or minority views. These views must be in writing
and signed by each Member joining therein and be filed with
the Committee Chief Legislative Clerk not less than two
additional calendar days (excluding Saturdays, Sundays and
legal holidays except when the House is in session on those
days) of the time the bill or resolution is approved by the
Committee. This paragraph shall not preclude the filing of
any supplemental report on any bill or resolution that may be
required for the correction of any technical error in a
previous report made by the Committee on that bill or
resolution.
(d) Review by Members.--Each Member of the Committee shall
be given an opportunity to review each proposed Committee
report before it is filed with the Clerk of the House of
Representatives. Nothing in this paragraph extends the time
allowed for filing supplemental, additional or minority views
under paragraph (c).
(e) Disclaimer.--All Committee or Subcommittee reports
printed and not approved by a majority vote of the Committee
or Subcommittee, as appropriate, shall contain the following
disclaimer on the cover of the report:
``This report has not been officially adopted by the
{Committee on Natural Resources} {Subcommittee} and may not
therefore necessarily reflect the views of its Members.''
RULE 6. ESTABLISHMENT OF SUBCOMMITTEES; FULL COMMITTEE JURISDICTION;
BILL REFERRALS
(a) Subcommittees.--There shall be five standing
Subcommittees of the Committee, with the following
jurisdiction and responsibilities:
Subcommittee on Public Lands and Environmental Regulation
(1) The National Environmental Policy Act in general.
(2) Measures and matters related to the National Park
System and its units, including Federal reserved water
rights.
(3) The National Wilderness Preservation System.
(4) Wild and Scenic Rivers System, National Trails System,
national heritage areas and other national units established
for protection, conservation, preservation or recreational
development, other than coastal barriers.
(5) Military parks and battlefields, national cemeteries
administered by the Secretary of the Interior, parks in and
within the vicinity of the District of Columbia and the
erection of monuments to the memory of individuals.
(6) Federal and non-Federal outdoor recreation plans,
programs and administration including the Land and Water
Conservation Fund Act of 1965 and the Outdoor Recreation Act
of 1963.
(7) Preservation of prehistoric ruins and objects of
interest on the public domain and other historic preservation
programs and activities, including national monuments,
historic sites and programs for international cooperation in
the field of historic preservation.
(8) Matters concerning the following agencies and programs:
Urban Parks and Recreation Recovery Program, Historic
American Buildings Survey, Historic American Engineering
Record, and U.S. Holocaust Memorial.
(9) Public lands generally, including measures or matters
relating to entry, easements, withdrawals, grazing and
Federal reserved water rights.
(10) Forfeiture of land grants and alien ownership,
including alien ownership of mineral lands.
(11) Cooperative efforts to encourage, enhance and improve
international programs for the protection of the environment
and the conservation of natural resources otherwise within
the jurisdiction of the Subcommittee.
(12) Forest reservations, including management thereof,
created from the public domain.
(13) Public forest lands generally, including measures or
matters related to entry, easements, withdrawals, grazing and
Federal reserved water rights.
(14) General and continuing oversight and investigative
authority over activities, policies and programs within the
jurisdiction of the Subcommittee.
Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs
(1) All matters regarding insular areas of the United
States.
(2) All measures or matters regarding the Freely Associated
States and Antarctica.
(3) Fisheries management and fisheries research generally,
including the management of all commercial and recreational
fisheries (except for the reauthorization of the Magnuson-
Stevens Fishery Conservation and Management Act),
interjurisdictional fisheries, international fisheries
agreements, aquaculture, seafood safety and fisheries
promotion.
(4) Wildlife resources, including research, restoration,
refuges and conservation.
(5) All matters pertaining to the protection of coastal and
marine environments, including estuarine protection.
(6) Coastal barriers.
(7) Oceanography.
(8) Ocean engineering, including materials, technology and
systems.
(9) Coastal zone management.
(10) Marine sanctuaries.
(11) U.N. Convention on the Law of the Sea.
(12) Sea Grant programs and marine extension services.
(13) Cooperative efforts to encourage, enhance and improve
international programs for the protection of the environment
and the conservation of natural resources otherwise within
the jurisdiction of the Subcommittee.
(14) General and continuing oversight and investigative
authority over activities, policies and programs within the
jurisdiction of the Subcommittee.
Subcommittee on Water and Power
(1) Generation and marketing of electric power from Federal
water projects by Federally chartered or Federal regional
power marketing authorities.
(2) All measures and matters concerning water resources
planning conducted pursuant to the Water Resources Planning
Act, water resource research and development programs and
saline water research and development.
(3) Compacts relating to the use and apportionment of
interstate waters, water rights and major interbasin water or
power movement programs.
(4) All measures and matters pertaining to irrigation and
reclamation projects and other water resources development
and recycling programs, including policies and procedures.
(5) Indian water rights and settlements.
(6) Cooperative efforts to encourage, enhance and improve
international programs for the protection of the environment
and the conservation of natural resources otherwise within
the jurisdiction of the Subcommittee.
(7) General and continuing oversight and investigative
authority over activities, policies and programs within the
jurisdiction of the Subcommittee.
Subcommittee on Energy and Mineral Resources
(I) All measures and matters concerning the U.S. Geological
Survey, except for the activities and programs of the Water
Resources Division or its successor.
(2) All measures and matters affecting geothermal
resources.
(3) Conservation of United States uranium supply.
[[Page H264]]
(4) Mining interests generally, including all matters
involving mining regulation and enforcement, including the
reclamation of mined lands, the environmental effects of
mining, and the management of mineral receipts, mineral land
laws and claims, long-range mineral programs and deep seabed
mining.
(5) Mining schools, experimental stations and long-range
mineral programs.
(6) Mineral resources on public lands.
(7) Conservation and development of oil and gas resources
of the Outer Continental Shelf.
(8) Petroleum conservation on the public lands and
conservation of the radium supply in the United States.
(9) Measures and matters concerning the transportation of
natural gas from or within Alaska and disposition of oil
transported by the trans-Alaska oil pipeline.
(10) Rights of way over public lands for underground
energy-related transportation.
(11) Cooperative efforts to encourage, enhance and improve
international programs for the protection of the environment
and the conservation of natural resources otherwise within
the jurisdiction of the Subcommittee.
(12) General and continuing oversight and investigative
authority over activities, policies and programs within the
jurisdiction of the Subcommittee.
Subcommittee on Indian and Alaska Native Affairs
(1) Measures relating to the welfare of Native Americans,
including management of Indian lands in general and special
measures relating to claims which are paid out of Indian
funds.
(2) All matters regarding the relations of the United
States with Native Americans and Native American tribes,
including special oversight functions under House Rule X.
(3) All matters regarding Native Alaskans.
(4) All matters related to the Federal trust responsibility
to Native Americans and the sovereignty of Native Americans.
(b) Full Committee.--The following measures and matters
shall be retained at the Full Committee:
(1) Environmental and habitat measures of general
applicability, including the Endangered Species Act and
reauthorization of the Magnuson-Stevens Fishery Conservation
and Management Act.
(2) All matters regarding Native Hawaiians.
(3) Cooperative efforts to encourage, enhance and improve
international programs for the protection of the environment
and the conservation of natural resources otherwise within
the jurisdiction of the Full Committee under this paragraph.
(4) All other measures and matters retained by the Full
Committee, including those retained under Committee Rule
6(e).
(5) General and continuing oversight and investigative
authority over activities, policies and programs within the
jurisdiction of the Committee under House Rule X.
(c) Ex-officio Members.--The Chairman and Ranking Minority
Member of the Committee may serve as ex-officio Members of
each standing Subcommittee to which the Chairman or the
Ranking Minority Member have not been assigned. Ex-officio
Members shall have the right to fully participate in
Subcommittee activities but may not vote and may not be
counted in establishing a quorum.
(d) Powers and Duties of Subcommittees. Each Subcommittee
is authorized to meet, hold hearings, receive evidence and
report to the Committee on all matters within its
jurisdiction. Each Subcommittee shall review and study, on a
continuing basis, the application, administration, execution
and effectiveness of those statutes, or parts of statutes,
the subject matter of which is within that Subcommittee's
jurisdiction; and the organization, operation, and
regulations of any Federal agency or entity having
responsibilities in or for the administration of such
statutes, to determine whether these statutes are being
implemented and carried out in accordance with the intent of
Congress. Each Subcommittee shall review and study any
conditions or circumstances indicating the need of enacting
new or supplemental legislation within the jurisdiction of
the Subcommittee. Each Subcommittee shall have general and
continuing oversight and investigative authority over
activities, policies and programs within the jurisdiction of
the Subcommittee.
(e) Referral to Subcommittees; Recall.
(1) Except as provided in paragraph (2) and for those
measures or matters retained at the Full Committee, every
legislative measure or other matter referred to the Committee
shall be referred to the Subcommittee of jurisdiction within
two weeks of the date of its referral to the Committee. If
any measure or matter is within or affects the jurisdiction
of one or more Subcommittees, the Chairman may refer that
measure or matter simultaneously to two or more Subcommittees
for concurrent consideration or for consideration in sequence
subject to appropriate time limits, or divide the matter into
two or more parts and refer each part to a Subcommittee.
(2) The Chairman, with the approval of a majority of the
Majority Members of the Committee, may refer a legislative
measure or other matter to a select or special Subcommittee.
A legislative measure or other matter referred by the
Chairman to a Subcommittee may be recalled from the
Subcommittee for direct consideration by the Full Committee,
or for referral to another Subcommittee, provided Members of
the Committee receive one week written notice of the recall
and a majority of the Members of the Committee do not object.
In addition, a legislative measure or other matter referred
by the Chairman to a Subcommittee may be recalled from the
Subcommittee at any time by majority vote of the Committee
for direct consideration by the Full Committee or for
referral to another Subcommittee.
Consultation.--Each Subcommittee Chairman shall consult
with the Chairman of the Full Committee prior to setting
dates for Subcommittee meetings with a view towards avoiding
whenever possible conflicting Committee and Subcommittee
meetings.
(g) Vacancy.--A vacancy in the membership of a Subcommittee
shall not affect the power of the remaining Members to
execute the functions of the Subcommittee.
RULE 7. TASK FORCES, SPECIAL OR SELECT SUBCOMMITTEES
(a) Appointment.--The Chairman of the Committee is
authorized, after consultation with the Ranking Minority
Member, to appoint Task Forces, or special or select
Subcommittees, to carry out the duties and functions of the
Committee.
(b) Ex-Officio Members.--The Chairman and Ranking Minority
Member of the Committee may serve as ex-officio Members of
each Task Force, or special or select Subcommittee if they
are not otherwise members. Ex-officio Members shall have the
right to fully participate in activities but may not vote and
may not be counted in establishing a quorum.
(c) Party Ratios.--The ratio of Majority Members to
Minority Members, excluding ex-officio Members, on each Task
Force, special or select Subcommittee shall be as close as
practicable to the ratio on the Full Committee.
(d) Temporary Resignation.--A Member can temporarily resign
his or her position on a Subcommittee to serve on a Task
Force, special or select Subcommittee without prejudice to
the Member's seniority on the Subcommittee.
(e) Chairman and Ranking Minority Member.--The Chairman of
any Task Force, or special or select Subcommittee shall be
appointed by the Chairman of the Committee. The Ranking
Minority Member shall select a Ranking Minority Member for
each Task Force, or standing, special or select Subcommittee.
RULE 8. RECOMMENDATION OF CONFEREES
Whenever it becomes necessary to appoint conferees on a
particular measure, the Chairman shall recommend to the
Speaker as conferees those Majority Members, as well as those
Minority Members recommended to the Chairman by the Ranking
Minority Member, primarily responsible for the measure. The
ratio of Majority Members to Minority Members recommended for
conferences shall be no greater than the ratio on the
Committee.
RULE 9. COMMITTEE RECORDS
(a) Segregation of Records.--All Committee records shall be
kept separate and distinct from the office records of
individual Committee Members serving as Chairmen or Ranking
Minority Members. These records shall be the property of the
House and all Members shall have access to them in accordance
with clause 2(e)(2) of House Rule XI.
(b) Availability.--The Committee shall make available to
the public for review at reasonable times in the Committee
office transcripts of public meetings and hearings, except
those that are unrevised or unedited and intended solely for
the use of the Committee.
(c) Archived Records.--Records of the Committee which are
deposited with the National Archives shall be made available
for public use pursuant to House Rule VII. The Chairman of
the Committee shall notify the Ranking Minority Member of any
decision, pursuant to clause 3(b)(3) or clause 4(b) of House
Rule VII, to withhold, or to provide a time, schedule or
condition for availability of any record otherwise available.
At the written request of any Member of the Committee, the
matter shall be presented to the Committee for a
determination and shall be subject to the same notice and
quorum requirements for the conduct of business under
Committee Rule 3.
(d) Records of Closed Meetings.--Notwithstanding the other
provisions of this rule, no records of Committee meetings or
hearings which were closed to the public pursuant to the
Rules of the House of Representatives shall be released to
the public unless the Committee votes to release those
records in accordance with the procedure used to close the
Committee meeting.
(e) Classified Materials.--All classified materials shall
be maintained in an appropriately secured location and shall
be released only to authorized persons for review, who shall
not remove the material from the Committee offices without
the written permission of the Chairman.
(I) Committee Information Available for the Public.--In
addition to any other requirement of these rules or the Rules
of the House of Representatives, the Chairman shall cause to
be made available publicly in electronic form the following:
(1) a record of the votes on any question on which a
recorded vote is taken which shall be posted no later than 24
hours after the vote is taken that shall include:
[[Page H265]]
(i) a copy of the amendment or a detailed description of
the motion, order or other proposition; and
(ii) the name of each Member voting for and each Member
voting against such amendment, motion, order, or proposition,
the names of those Members voting present, and the names of
any Member not present.
(2) copies of all amendments adopted in Committee by voice
vote or unanimous consent within 24 hours of the adoption of
the amendment.
(3) the rules of the Committee, once adopted, and any
amendments thereto, in accordance with clause 2(a)(2) of
House Rule XI.
(4) the statements required under the second sentence of
clause 2(g)(5) of House Rule XI, with appropriate redactions
to protect the privacy of the witness, which shall be posted
no later than one day after the witness appears before the
Committee.
RULE 10. COMMITTEE BUDGET AND EXPENSES
(a) Budget.--At the beginning of each Congress, after
consultation with the Chairman of each Subcommittee and the
Ranking Minority Member, the Chairman shall present to the
Committee for its approval a budget covering the funding
required for staff, travel, and miscellaneous expenses.
(b) Expense Resolution.---Upon approval by the Committee of
each budget, the Chairman, acting pursuant to clause 6 of
House Rule X, shall prepare and introduce in the House a
supporting expense resolution, and take all action necessary
to bring about its approval by the Committee on House
Administration and by the House of Representatives.
(c) Amendments.--The Chairman shall report to the Committee
any amendments to each expense resolution and any related
changes in the budget.
(d) Additional Expenses.--Authorization for the payment of
additional or unforeseen Committee expenses may be procured
by one or more additional expense resolutions processed in
the same manner as set out under this rule.
(e) Month Reports.--Copies of each monthly report, prepared
by the Chairman for the Committee on House Administration,
which shows expenditures made during the reporting period and
cumulative for the year, anticipated expenditures for the
projected Committee program, and detailed information on
travel, shall be available to each Member.
RULE 11. COMMITTEE STAFF
(a) Rules and Policies.--Committee staff members are
subject to the provisions of clause 9 of House Rule X, as
well as any written personnel policies the Committee may from
time to time adopt.
(b) Majority and Nonpartisan Staff.--The Chairman shall
appoint, determine the remuneration of, and may remove, the
legislative and administrative employees of the Committee not
assigned to the Minority. The legislative and administrative
staff of the Committee not assigned to the Minority shall be
under the general supervision and direction of the Chairman,
who shall establish and assign the duties and
responsibilities of these staff members and delegate any
authority he determines appropriate.
(c) Minority Staff.--The Ranking Minority Member of the
Committee shall appoint, determine the remuneration of, and
may remove, the legislative and administrative staff assigned
to the Minority within the budget approved for those
purposes. The legislative and administrative staff assigned
to the Minority shall be under the general supervision and
direction of the Ranking Minority Member of the Committee who
may delegate any authority he determines appropriate.
(d) Availability.--The skills and services of all Committee
staff shall be available to all Members of the Committee.
RULE 12. COMMITTEE TRAVEL
In addition to any written travel policies the Committee
may from time to time adopt, all travel of Members and staff
of the Committee or its Subcommittees, to hearings, meetings,
conferences and investigations, including all foreign travel,
must be authorized by the Full Committee Chairman prior to
any public notice of the travel and prior to the actual
travel. In the case of Minority staff, all travel shall first
be approved by the Ranking Minority Member. Funds authorized
for the Committee under clauses 6 and 7 of House Rule X are
for expenses incurred in the Committee's activities within
the United States.
RULE 13. CHANGES TO COMMITTEE RULES
The rules of the Committee may be modified, amended, or
repealed, by a majority vote of the Committee, provided that
written notice of the proposed change has been provided each
Member of the Committee prior to the meeting date on which
the changes are to be discussed and voted on consistent with
Committee Rule 3(a). A change to the rules of the Committee
shall be published in the Congressional Record no later than
30 days after its approval and made publicly available in
electronic form.
RULE 14. OTHER PROCEDURES
The Chairman may establish procedures and take actions as
may be necessary to carry out the rules of the Committee or
to facilitate the effective administration of the Committee,
in accordance with the rules of the Committee and the Rules
of the House of Representatives.
____
Rules of the Committee on Agriculture for the 113th Congress
Mr. LUCAS. Mr. Speaker, I am pleased to submit for printing, pursuant
to rule XI, clause 2(a) of the Rules of the House, a copy of the Rules
of the Committee on Agriculture, which were adopted at the
organizational meeting of the Committee on January 23, 2013.
Apendix A of the Committee Rules will include excerpts from the Rules
of the House relevant to the operation of the Committee. Appendix B
will include relevant excerpts from the Congressional Budget Act of
1974. In the interests of minimizing printing costs, Appendices A and B
are omitted from this submission.
RULE I.--GENERAL PROVISIONS
(a) Applicability of House Rules.--(1) The Rules of the
House shall govern the procedure of the Committee and its
subcommittees, and the rules of the Committee on Agriculture
so far as applicable shall be interpreted in accordance with
the Rules of the House, 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 and its subcommittees. (See Appendix A for the
applicable Rules of the U.S. House of Representatives.)
(2) As provided in clause 1(a)(2) of House Rule XI, each
subcommittee is part of the Committee and is subject to the
authority and direction of the Committee and its rules so far
as applicable. (See also Committee rules III, IV, V, VI, VII
and X, infra.)
(b) Authority to Conduct Investigations.--The Committee and
its subcommittees, after consultation with the Chairman of
the Committee, may conduct such investigations and studies as
they may consider necessary or appropriate in the exercise of
their responsibilities under Rule X of the Rules of the House
and in accordance with clause 2(m) of House Rule XI.
(c) Authority to Print.--The Committee is authorized by the
Rules of the House to have printed and bound testimony and
other data presented at hearings held by the Committee and
its subcommittees. All costs of stenographic services and
transcripts in connection with any meeting or hearing of the
Committee and its subcommittees shall be paid from applicable
accounts of the House described in clause 1(i)(1) of House
Rule X in accordance with clause 1(c) of House Rule XI. (See
also paragraphs (d), (e) and (f) of Committee rule VIII.)
(d) Vice Chairman.--The Member of the majority party on the
Committee or subcommittee designated by the Chairman of the
full Committee shall be the vice chairman of the Committee or
subcommittee in accordance with clause 2(d) of House Rule XI.
(e) Presiding Member.--If the Chairman of the Committee or
subcommittee is not present at any Committee or subcommittee
meeting or hearing, the vice chairman shall preside. If the
Chairman and vice chairman of the Committee or subcommittee
are not present at a Committee or subcommittee meeting or
hearing the ranking Member of the majority party who is
present shall preside in accordance with clause 2(d), House
Rule XI.
(f) Publication of Rules.--The Committee's rules shall be
publicly available in electronic form and published in the
Congressional Record not later than 30 days after the Chair
is elected in each odd-numbered year as provided in clause
2(a) of House Rule XI.
(g) Joint Committee Reports of Investigation or Study.--A
report of an investigation or study conducted jointly by more
than one committee may be filed jointly, provided that each
of the committees complies independently with all
requirements for approval and filing of the report.
RULE II.--COMMITTEE BUSINESS MEETINGS--REGULAR, ADDITIONAL AND SPECIAL
(a) Regular Meetings.--(1) Regular meetings of the
Committee, in accordance with clause 2(b) of House Rule XI,
shall be held on the first Wednesday of every month to
transact its business if notice is given pursuant to clause
2(g)(3) of House Rule XI. The Chairman shall provide each
member of the Committee, as far in advance of the day of the
regular meeting as practicable, a written agenda of such
meeting. Items may be placed on the agenda by the Chairman or
a majority of the Committee. This paragraph shall not apply
to meetings of any subcommittee. (See paragraph (f) of
Committee rule X for provisions that apply to meetings of
subcommittees.)
(b) Additional Meetings.--(1) The Chairman may call and
convene, as he or she considers necessary, which may not
commence earlier than the third day on which members have
notice thereof after consultation with the Ranking Minority
Member of the Committee or after concurrence with the Ranking
Minority Member, 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 additional meetings pursuant to
the notice from the Chairman.
(2) A hearing or meeting may begin sooner than specified in
clause (1) (in which case the chair shall make the
announcement specified at the earliest possible time) if the
committee so determines by majority vote in the presence of
the number of members required under the rules of the
committee for the transaction of business.
[[Page H266]]
(3) At least 24 hours prior to the commencement of a
meeting for the markup of a measure or matter the Chair shall
cause the text of such measure or matter to be made publicly
available in electronic form.
(c) Special Meetings.--If at least three members of the
Committee desire that a special meeting of the Committee be
called by the Chairman, those members may file in the offices
of the Committee their written request to the Chairman for
such special meeting. Such request shall specify the measure
or matters to be considered. Immediately upon the filing of
the request, the Majority Staff Director (serving as the
clerk of the Committee for such purpose) shall notify the
Chairman of the filing of the request. If, within three
calendar days after the filing of the request, the Chairman
does not call the requested special meeting to be held within
7 calendar days after the filing of the request, a majority
of the members of the Committee may file in the offices of
the Committee their written notice that a special meeting of
the Committee will be held, specifying the date and hour
thereof, and the measures or matter to be considered at that
special meeting in accordance with clause 2(c)(2) of House
Rule XI. The Committee shall meet on that date and hour.
Immediately upon the filing of the notice, the Majority Staff
Director (serving as the clerk) of the Committee shall notify
all members of the Committee that such meeting will be held
and inform them of its date and hour and the measure or
matter to be considered, and only the measure or matter
specified in that notice may be considered at that special
meeting.
RULE III.--OPEN MEETINGS AND HEARINGS; BROADCASTING
(a) Open Meetings and Hearings.--Each meeting for the
transaction of business, including the markup of legislation,
and each hearing by the Committee or a subcommittee shall be
open to the public unless closed in accordance with clause
2(g) of House Rule XI. (See Appendix A.)
(b) Broadcasting and Photography.--Whenever a Committee or
subcommittee meeting for the transaction of business,
including the markup of legislation, or a hearing is open to
the public, that meeting or hearing shall:
(1) To the maximum extent practicable the Committee shall
provide audio and video coverage of each hearing or meeting
for the transaction of business in a manner that allows the
public to easily listen to and view the proceedings and shall
maintain the recordings of such coverage in a manner that is
easily accessible to the public.
(2) Be open to coverage by television, radio, and still
photography in accordance with clause 4 of House Rule XI (See
Appendix A). When such radio coverage is conducted in the
Committee or subcommittee, written notice to that effect
shall be placed on the desk of each Member. The Chairman of
the Committee or subcommittee, shall not limit the number of
television or still cameras permitted in a hearing or meeting
room to fewer than two representatives from each medium
(except for legitimate space or safety considerations, in
which case pool coverage shall be authorized).
(c) Closed Meetings--Attendees.--No person other than
Members of the Committee or subcommittee and such
congressional staff and departmental representatives as the
Committee or subcommittee may authorize shall be present at
any business or markup session that has been closed to the
public as provided in clause 2(g)(1) of House Rule XI.
(d) Addressing the Committee.--A Committee member may
address the Committee or a subcommittee on any bill, motion,
or other matter under consideration (See Committee rule VII
(e) relating to questioning a witness at a hearing). The time
a member may address the Committee or subcommittee for any
such purpose shall be limited to five minutes, except that
this time limit may be waived by unanimous consent. A member
shall also be limited in his or her remarks to the subject
matter under consideration, unless the Member receives
unanimous consent to extend his or her remarks beyond such
subject.
(e) Meetings to Begin Promptly.--Subject to the presence of
a quorum, each meeting or hearing of the Committee and its
subcommittees shall begin promptly at the time so stipulated
in the public announcement of the meeting or hearing.
(f) Prohibition on Proxy Voting.--No vote by any Member of
the Committee or subcommittee with respect to any measure or
matter may be cast by proxy.
(g) Location of Persons at Meetings.--No person other than
the Committee or subcommittee Members and Committee or
subcommittee staff may be seated in the rostrum area during a
meeting of the Committee or subcommittee unless by unanimous
consent of Committee or subcommittee.
(h) Consideration of Amendments and Motions.--A Member,
upon request, shall be recognized by the Chairman to address
the Committee or subcommittee at a meeting for a period
limited to five minutes on behalf of an amendment or motion
offered by the Member or another Member, or upon any other
matter under consideration, unless the Member receives
unanimous consent to extend the time limit. Every amendment
or motion made in Committee or subcommittee shall, upon the
demand of any Member present, be reduced to writing, and a
copy thereof shall be made available to all Members present.
Such amendment or motion shall not be pending before the
Committee or subcommittee or voted on until the requirements
of this paragraph have been met.
(i) Demanding Record Vote.--
(1) A record vote of the Committee or subcommittee on a
question or action shall be ordered on a demand by one-fifth
of the Members present.
(2) The Chairman of the Committee or Subcommittee may
postpone further proceedings when a record vote is ordered on
the question of approving a measure or matter or on adopting
an amendment. If the Chairman postpones further proceedings:
(A) the Chairman may resume such postponed proceedings,
after giving Members adequate notice, at a time chosen in
consultation with the Ranking Minority Member; and
(B) notwithstanding any intervening order for the previous
question, the underlying proposition on which proceedings
were postponed shall remain subject to further debate or
amendment to the same extent as when the question was
postponed.
(j) Submission of Motions or Amendments In Advance of
Business Meetings.--The Committee and subcommittee-Chairman
may request and Committee and subcommittee Members should,
insofar as practicable, cooperate in providing copies of
proposed amendments or motions to the Chairman and the
Ranking Minority Member of the Committee or the subcommittee
twenty-four hours before a Committee or subcommittee business
meeting.
(k) Points of Order.-- No point of order against the
hearing or meeting procedures of the Committee or
subcommittee shall be entertained unless it is made in a
timely fashion.
(l) Limitation on Committee Sittings.--The Committee or
subcommittees may not sit during a joint session of the House
and Senate or during a recess when a joint meeting of the
House and Senate is in progress.
(m) Prohibition of Wireless Telephones.--Use of wireless
phones during a committee or subcommittee hearing or meeting
is prohibited.
RULE IV.--QUORUMS.
(a) Working Quorum.--One-third of the members of the
Committee or a subcommittee shall constitute a quorum for
taking any action, other than as noted in paragraphs (b) and
(c).
(b) Majority Quorum.--A majority of the members of the
Committee or subcommittee shall constitute a quorum for:
(1) the reporting of a bill, resolution or other measure
(See clause 2(h)(1) of House Rules XI, and Committee rule
VIII);
(2) the closing of a meeting or hearing to the public
pursuant to clauses 2(g), 2(k)(5) and 2(k)(7) of the Rule XI
of the Rules of the House;
(3) the authorizing of a subpoena as provided in clause
2(m)(3), of House Rule XI (See also Committee rule VI.); and
(4) as where required by a rule of the House.
(c) Quorum for Taking Testimony.--Two members of the
Committee or subcommittee shall constitute a quorum for the
purpose of taking testimony and receiving evidence.
RULE V.--RECORDS.
(a) Maintenance of Records.--The Committee shall keep a
complete record of all Committee and subcommittee action
which shall include--
(1) in the case of any meeting or hearing transcripts, 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 involved, and
(2) written minutes shall include a record of all Committee
and subcommittee action and a record of all votes on any
question and a tally on all record votes.
The result of each such record vote shall be made available
by the Committee for inspection by the public at reasonable
times in the offices of the Committee and by telephone
request and also made publicly available in electronic form
within 48 hours of such record vote. Not later than 24 hours
after adoption of an amendment to a measure or matter, the
chair of the Committee shall cause the text of such amendment
adopted thereto to be made publicly available in electronic
form. Information so available for public inspection shall
include a description of the amendment, motion, order or
other proposition and the name of each member voting for and
each member voting against such amendment, motion, order, or
proposition, and the names of those members present but not
voting.
(b) Access to and Correction of Records.--Any public
witness, or person authorized by such witness, during
Committee office hours in the Committee offices and within
two weeks of the close of hearings, may obtain a transcript
copy of that public witness's testimony and make such
technical, grammatical and typographical corrections as
authorized by the person making the remarks involved as will
not alter the nature of testimony given. There shall be
prompt return of such corrected copy of the transcript to the
Committee. Members of the Committee or subcommittee shall
receive copies of transcripts for their prompt review and
correction and prompt return to the Committee. The
Committee or subcommittee may order the printing of a
hearing record without the corrections of any Member or
witness if it determines that such Member or witness has
been afforded a reasonable time in which to make such
corrections and further delay would seriously impede the
consideration of the legislative action that is subject of
the hearing.
[[Page H267]]
The record of a hearing shall be closed ten calendar days
after the last oral testimony, unless the Committee or
subcommittee determines otherwise. Any person requesting
to file a statement for the record of a hearing must so
request before the hearing concludes and must file the
statement before the record is closed unless the Committee
or subcommittee determines otherwise. The Committee or
subcommittee may reject any statement in light of its
length or its tendency to defame, degrade, or incriminate
any person.
(c) Property of the House.--All Committee and subcommittee
records (including hearings data, charts, and files) shall be
kept separate and distinct from the congressional office
records of the Members serving as Chairman and such records
shall be the property of the House and all Members of the
House shall have access thereto. The Majority Staff Director
shall promptly notify the Chairman and the Ranking Minority
Member of any request for access to such records.
(d) Availability of Archived Records.--The records of the
Committee at the National Archives and Records Administration
shall be made available for public use in accordance with
House Rule VII. The Chairman shall notify the Ranking
Minority Member of the Committee of the need for a Committee
order pursuant to clause 3(b)(3) or clause 4(b) of such House
Rule, to withhold a record otherwise available.
(e) Special Rules for Certain Records and Proceedings.--A
stenographic record of a business meeting of the Committee or
subcommittee may be kept and thereafter may be published if
the Chairman of the Committee, after consultation with the
Ranking Minority Member, determines there is need for such a
record. The proceedings of the Committee or subcommittee in a
closed meeting, evidence or testimony in such meeting, shall
not be divulged unless otherwise determined by a majority of
the Committee or subcommittee.
(f) Electronic Availability of Committee Publications.--To
the maximum extent feasible, the Committee shall make its
publications available in electronic form.
RULE VI.--POWER TO SIT AND ACT; SUBPOENA POWER.
(a) Authority to Sit and Act.--For the purpose of carrying
out any of its function and duties under House Rules X and
XI, the Committee and each of its subcommittees is authorized
(subject to paragraph (b)(1) of this rule)--
(1) 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
(2) to require, by subpoena or otherwise, the attendance
and testimony of such witnesses and the production of such
books, records, correspondence, memoranda, papers and
documents, as it deems necessary. The Chairman of the
Committee or subcommittee, or any member designated by the
Chairman, may administer oaths to any witness.
(b) Issuance of Subpoenas.--(1) A subpoena may be
authorized and issued by the Committee or subcommittee under
paragraph (a)(2) 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, as provided in clause 2(m)(3)(A) of House Rule XI.
Such authorized subpoenas shall be signed by the Chairman of
the Committee or by any member designated by the Committee.
As soon as practicable after a subpoena is issued under this
rule, the Chairman shall notify all members of the Committee
of such action.
(2) Notice of a meeting to consider a motion to authorize
and issue a subpoena should be given to all Members of the
Committee by 5 p.m. of the day preceding such meeting.
(3) Compliance with any subpoena issued by the Committee or
subcommittee under paragraph (a)(2) may be enforced only as
authorized or directed by the House.
(4) A subpoena duces tecum may specify terms of return
other than at a meeting or hearing of the committee or
subcommittee authorizing the subpoena.
(c) Expenses of Subpoenaed Witnesses.--Each witness who has
been subpoenaed, upon the completion of his or her testimony
before the Committee or any subcommittee, may report to the
offices of the Committee, and there sign appropriate vouchers
for travel allowances and attendance fees to which he or she
is entitled. If hearings are held in cities other than
Washington D.C., the subpoenaed witness may contact the
Majority Staff Director of the Committee, or his or her
representative, before leaving the hearing room.
RULE VII.--HEARING PROCEDURES.
(a) Power to Hear.--For the purpose of carrying out any of
its functions and duties under House Rule X and XI, the
Committee and its subcommittees are authorized to sit
and hold hearings at any time or place within the United
States whether the House is in session, has recessed, or
has adjourned. (See paragraph (a) of Committee rule VI and
paragraph (f) of Committee rule X for provisions relating
to subcommittee hearings and meetings.)
(b) Announcement.--The Chairman of the Committee shall
after consultation with the Ranking Minority Member of the
Committee, make a public announcement of the date, place and
subject matter of any Committee hearing at least one week
before the commencement of the hearing. The Chairman of a
subcommittee shall schedule a hearing only after consultation
with the Chairman of the Committee and after consultation
with the Ranking Minority Member of the subcommittee, and the
Chairmen of the other subcommittees after such consultation
with the Committee Chairman, and shall request the Majority
Staff Director to make a public announcement of the date,
place, and subject matter of such hearing at least one week
before the hearing. If the Chairman of the Committee or the
subcommittee, with concurrence of the Ranking Minority Member
of the Committee or 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 of the
Committee or subcommittee, as appropriate, shall request the
Majority Staff Director to make such public announcement at
the earliest possible date. The clerk of the Committee shall
promptly notify the Daily Digest Clerk of the Congressional
Record, and shall promptly enter the appropriate information
into the Committee scheduling service of the House
Information Systems as soon as possible after such public
announcement is made.
(c) Scheduling of Witnesses.--Except as otherwise provided
in this rule, the scheduling of witnesses and determination
of the time allowed for the presentation of testimony at
hearings shall be at the discretion of the Chairman of the
Committee or subcommittee, unless a majority of the Committee
or subcommittee determines otherwise.
(d) Written Statement; Oral Testimony.--(1) Each witness
who is to appear before the Committee or a subcommittee,
shall insofar as practicable file with the Majority Staff
Director of the Committee, at least two working days before
day of his or her appearance, a written statement of proposed
testimony. Witnesses shall provide sufficient copies of their
statement for distribution to Committee or subcommittee
Members, staff, and the news media. Insofar as practicable,
the Committee or subcommittee staff shall distribute such
written statements to all Members of the Committee or
subcommittee as soon as they are received as well as any
official reports from departments and agencies on such
subject matter. All witnesses may be limited in their oral
presentations to brief summaries of their statements within
the time allotted to them, at the discretion of the Chairman
of the Committee or subcommittee, in light of the nature of
the testimony and the length of time available.
(2) As noted in paragraph (a) of Committee rule VI, the
Chairman of the Committee or one of its subcommittees, or any
Member designated by the Chairman, may administer an oath to
any witness.
(3) To the greatest extent practicable, each witness
appearing in a non-governmental capacity shall include with
the written statement of proposed testimony a curriculum
vitae and 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. Such
statements, with appropriate redactions to protect the
privacy of witnesses, shall be made publicly available in
electronic form not later than one day after the witness
appears.
(e) Questioning of Witnesses.--Committee or subcommittee
Members may question witnesses only when they have been
recognized by the Chairman of the Committee or subcommittee
for that purpose. Each Member so recognized shall be limited
to questioning a witness for five minutes until such time as
each Member of the Committee or subcommittee who so desires
has had an opportunity to question the witness for five
minutes; and thereafter the Chairman of the Committee or
subcommittee may limit the time of a further round of
questioning after giving due consideration to the importance
of the subject matter and the length of time available. All
questions put to witnesses shall be germane to the measure or
matter under consideration. Unless a majority of the
Committee or subcommittee determines otherwise, no committee
or subcommittee staff shall interrogate witnesses.
(f) Extended Questioning for Designated Members.--
Notwithstanding paragraph (e), the Chairman and Ranking
Minority member may designate an equal number of Members from
each party to question a witness for a period not longer than
60 minutes.
(g) Witnesses for the Minority.--When any hearing is
conducted by the Committee or any subcommittee upon any
measure or matter, the minority party members on the
Committee or subcommittee shall be entitled, upon request to
the Chairman by a majority of those minority members before
the completion of such hearing, to call witnesses selected by
the minority to testify with respect to that measure or
matter during at least one day of hearing thereon as
provided in clause 2(j)(1) of House Rule XI.
(h) Summary of Subject Matter.--Upon announcement of a
hearing, to the extent practicable, the Committee shall make
available immediately to all members of the Committee a
concise summary of the subject matter (including legislative
reports and other material) under consideration. In addition,
upon announcement of a hearing and subsequently as they are
received, the Chairman of the Committee or subcommittee
shall, to the extent practicable, make available to the
members of the Committee any
[[Page H268]]
official reports from departments and agencies on such
matter. (See Committee rule X(f).)
(i) Open Hearings.--Each hearing conducted by the Committee
or subcommittee shall be open to the public, including radio,
television and still photography coverage, except as provided
in clause 4 of House Rule XI (see also Committee rule III
(b).). In any event, no Member of the House may be excluded
from nonparticipatory attendance at any hearing unless the
House by majority vote shall authorize the Committee or
subcommittee, for purposes of a particular series of hearings
on a particular bill or resolution or on a particular subject
of investigation, to close its hearings to Members by means
of the above procedure.
(j) Hearings and Reports.--(1)(i) The Chairman of the
Committee or subcommittee at a hearing shall announce in an
opening statement the subject of the investigation. A copy of
the Committee rules (and the applicable provisions of clause
2 of House Rule XI, regarding hearing procedures, an excerpt
of which appears in Appendix A thereto) shall be made
available to each witness upon request. Witnesses at hearings
may be accompanied by their own counsel for the purpose of
advising them concerning their constitutional rights. The
Chairman of the Committee or subcommittee may punish breaches
of order and decorum, and of professional ethics on the part
of counsel, by censure and exclusion from the hearings; but
only the full Committee may cite the offender to the House
for contempt.
(ii) Whenever it is asserted by a member of the committee
that the evidence or testimony at a hearing may tend to
defame, degrade, or incriminate any person, or it is asserted
by a witness that the evidence or testimony that the witness
would give at a hearing may tend to defame, degrade, or
incriminate the witness, such testimony or evidence shall be
presented in executive session, notwithstanding the
provisions of paragraph (i) of this rule, if by a majority of
those present, there being in attendance the requisite number
required under the rules of the Committee to be present for
the purpose of taking testimony, the Committee or
subcommittee determines that such evidence or testimony may
tend to defame, degrade, or incriminate any person. The
Committee or subcommittee shall afford a person an
opportunity voluntarily to appear as a witness; and the
Committee or subcommittee shall receive and shall dispose of
requests from such person to subpoena additional witnesses.
(iii) No evidence or testimony taken in executive session
may be released or used in public sessions without the
consent of the Committee or subcommittee. In the discretion
of the Committee or subcommittee, witnesses may submit brief
and pertinent statements in writing for inclusion in the
record. The Committee or subcommittee is the sole judge of
the pertinency of testimony and evidence adduced at its
hearings. A witness may obtain a transcript copy of his or
her testimony given at a public session or, if given at an
executive session, when authorized by the Committee or
subcommittee. (See paragraph (c) of Committee rule V.)
(2) 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) in advance of their consideration.
RULE VIII.--THE REPORTING OF BILLS AND RESOLUTIONS
(a) Filing of Reports.--The Chairman shall report or cause
to be reported promptly to the House any bill, resolution, or
other measure approved by the Committee and shall take or
cause to be taken all necessary steps to bring such bill,
resolution, or other measure to a vote. No bill, resolution,
or measure shall be reported from the Committee unless a
majority of Committee is actually present. A Committee report
on any bill, resolution, or other measure approved by the
Committee shall be filed within seven calendar days (not
counting days on which the House is not in session) after the
day on which there has been filed with the Majority Staff
Director of the Committee a written request, signed by a
majority of the Committee, for the reporting of that bill or
resolution. The Majority Staff Director of the Committee
shall notify the Chairman immediately when such a request is
filed.
(b) Content of Reports.--Each Committee report on any bill
or resolution approved by the Committee shall include as
separately identified sections:
(1) a statement of the intent or purpose of the bill or
resolution;
(2) a statement describing the need for such bill or
resolution;
(3) a statement of Committee and subcommittee consideration
of the measure including a summary of amendments and motions
offered and the actions taken thereon;
(4) the results of the each record vote on any amendment in
the Committee and subcommittee and on the motion to report
the measure or matter, including the names of those Members
and the total voting for and the names of those Members and
the total voting against such amendment or motion (See clause
3(b) of House rule XIII);
(5) the oversight findings and recommendations of the
Committee with respect to the subject matter of the bill or
resolution as required pursuant to clause 3(c)(1) of House
Rule XIII and clause 2(b)(1) of House Rule X;
(6) the detailed statement described in House Rule XIII
clause 3(c)(2) and section 308(a) of the Congressional Budget
Act of 1974 if the bill or resolution provides new budget
authority (other than continuing appropriations), new
spending authority described in section 401(c)(2) of such
Act, new credit authority, or an increase or decrease in
revenues or tax expenditures, except that the estimates with
respect to new budget authority shall include, when
practicable, a comparison of the total estimated funding
level for the relevant program (or programs) to the
appropriate levels under current law;
(7) the estimate of costs and comparison of such estimates,
if any, prepared by the Director of the Congressional Budget
Office in connection with such bill or resolution pursuant to
section 402 of the Congressional Budget Act of 1974 if
submitted in timely fashion to the Committee;
(8) a statement of general performance goals and
objectives, including outcome-related goals and objectives,
for which the measure authorizes funding;
(9) an estimate by the committee of the costs that would be
incurred in carrying out such bill or joint resolution in the
fiscal year in which it is reported and for its authorized
duration or for each of the five fiscal years following the
fiscal year of reporting, whichever period is less (see Rule
XIII, clause 3(d)(2), (3) and (h)(2), (3)), together with--
(i) a comparison of these estimates with those made and
submitted to the Committee by any Government agency when
practicable, and (ii) a comparison of the total estimated
funding level for the relevant program (or programs) with
appropriate levels under current law (The provisions of this
clause do not apply if a cost estimate and comparison
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974 has
been timely submitted prior to the filing of the report and
included in the report);
(10) a list of congressional earmarks, limited tax
benefits, and limited tariff benefits in the bill or in the
report (and the name of any Member, Delegate, or Resident
Commissioner who submitted a request to the committee for
each respective item included in such list) or a statement
that the proposition contains no congressional earmarks,
limited tax benefits, or limited tariff benefits;
(11) the changes in existing law (if any) shown in
accordance with clause 3 of House Rule XIII;
(12) the determination required pursuant to section 5(b) of
Public Law 92-463, if the legislation reported establishes or
authorizes the establishment of an advisory committee; and
(13) the information on Federal and intergovernmental
mandates required by section 423(c) and (d) of the
Congressional Budget Act of 1974, as added by the Unfunded
Mandates Reform Act of 1995 (P.L. 104-4).
(14) a statement regarding the applicability of section
102(b)(3) of the Congressional Accountability Act, Public Law
104-1.
``(15) a statement indicating whether any provision of the
measure establishes or reauthorizes a program of the Federal
Government known to be duplicative of another Federal
program. The Statement shall at a minimum explain whether--
``(A) any such program was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139; or
``(B) the most recent catalog of Federal Domestic
Assistance, published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169), identified other programs related to the program
established or reauthorized by the measure''.
``(16) a statement estimating the number of directed rule
makings required by the measure.''
(c) Supplemental, Minority, or Additional Views.--If, at
the time of approval of any measure or matter by the
Committee, any Member of the Committee gives notice of
intention to file supplemental, minority, or additional
views, all Members shall be entitled to not less than two
subsequent calendar days (excluding Saturdays, Sundays, and
legal holidays except when the House is in session on such
date) in which toto file such writing and signed views, with
the Majority Staff Director of the Committee. When time
guaranteed by this paragraph has expired (or if sooner,
when all separate views have been received), the Committee
may arrange to file its report with the Clerk of the House
not later than one hour after the expiration of such time.
All such views (in accordance with House rule XI, clause
2(1) and House rule XIII, clause 3(a)(1)), as filed by one
or more Members of the Committee, shall be included within
and made a part of the report filed by the Committee with
respect to that bill or resolution.
(d) Printing of Reports.--The report of the Committee on
the measure or matter noted in paragraph (a) above shall be
printed in a single volume, which shall:
(1) include all supplemental, minority or additional views
that have been submitted by the time of the filing of the
report; and
(2) bear on its cover a recital that any such supplemental,
minority, or additional views (and any material submitted
under House rule XII, clause 3(a)(1)) are included as part of
the report.
(e) Immediate Printing; Supplemental Reports.-- Nothing in
this rule shall preclude (1) the immediate filing or printing
of a Committee report unless timely request for
[[Page H269]]
the opportunity to file supplemental, minority, or additional
views has been made as provided by paragraph (c), or (2) the
filing by the Committee of any supplemental report on any
bill or resolution that may be required for the correction of
any technical error in a previous report made by the
Committee on that bill or resolution.
(f) Availability of Printed Hearing Records.--If hearings
have been held on any reported bill or resolution, the
Committee shall make every reasonable effort to have the
record of such hearings printed and available for
distribution to the Members of the House prior to the
consideration of such bill or resolution by the House. Each
printed hearing of the Committee or any of its subcommittees
shall include a record of the attendance of the Members.
(g) Committee Prints.--All Committee or subcommittee prints
or other Committee or subcommittee documents, other than
reports or prints of bills, that are prepared for public
distribution shall be approved by the Chairman of the
Committee or the Committee prior to public distribution.
(h) Post Adjournment Filing of Committee Reports.--(1)
After an adjournment of the last regular session of a
Congress sine die, an investigative or oversight report
approved by the Committee may be filed with the Clerk at any
time, provided that if a member gives notice at the time of
approval 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.
(2) After an adjournment of the last regular session of a
Congress sine die, the Chairman of the Committee may file at
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,
provided that 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.
(i) 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 IX.--OTHER COMMITTEE ACTIVITIES
(a) Oversight Plan.--Not later than February 15 of the
first session of a Congress, the Chairman shall convene the
Committee in a meeting that is open to the public and with a
quorum present to adopt its oversight plans for that
Congress. Such plans shall be submitted simultaneously to the
Committee on Government Reform and to the Committee on House
Administration. In developing such plans the Committee shall,
to the maximum extent feasible--
(1) consult with other committees of the House that have
jurisdiction over the same or related laws, programs, or
agencies within its jurisdiction, with the objective of
ensuring that such laws, programs, or agencies are reviewed
in the same Congress and that there is a maximum of
coordination between such committees in the conduct of such
reviews; and such plans shall include an explanation of what
steps have been and will be taken to ensure such coordination
and cooperation;
(2) review specific problems with federal rules,
regulations, statutes, and court decisions that are
ambiguous, arbitrary, or nonsensical, or that impose severe
financial burdens on individuals;
(3) give priority consideration to including in its plans
the review of those laws, programs, or agencies operating
under permanent budget authority or permanent statutory
authority;
(4) have a view toward ensuring that all significant laws,
programs, or agencies within its jurisdiction are subject to
review at least once every ten years; and
(5) include proposals to cut or eliminate programs,
including mandatory spending programs, that are inefficient,
duplicative, outdated, or more appropriately administered
by State or local governments.
The Committee and its appropriate subcommittees shall
review and study, on a continuing basis, the impact or
probable impact of tax policies affecting subjects within its
jurisdiction as provided in clause 2(d) of House Rule X. The
Committee shall include in the report filed pursuant to
clause 1(d) of House Rule XI a summary of the oversight plans
submitted by the Committee under clause 2(d) of House Rule X,
a summary of actions taken and recommendations made with
respect to each such plan, and a summary of any additional
oversight activities undertaken by the Committee and any
recommendations made or actions taken thereon.
(b) Annual Appropriations.--The Committee shall, in its
consideration of all bills and joint resolutions of a public
character within its jurisdiction, ensure that appropriations
for continuing programs and activities of the Federal
government and the District of Columbia government will be
made annually to the maximum extent feasible and consistent
with the nature, requirements, and objectives of the programs
and activities involved. The Committee shall review, from
time to time, each continuing program within its jurisdiction
for which appropriations are not made annually in order to
ascertain whether such program could be modified so that
appropriations therefor would be made annually.
(c) Budget Act Compliance: Views and Estimates (See
Appendix B).--Not later than six weeks after the President
submits his budget under section 1105(a) of title 31, United
States Code, or at such time as the Committee on the Budget
may request, the Committee shall, submit to the Committee on
the Budget (1) its views and estimates with respect to all
matters to be set forth in the concurrent resolution on the
budget for the ensuing fiscal year (under section 301 of the
Congressional Budget Act of 1974--see Appendix B) that are
within its jurisdiction or functions; and (2) an estimate of
the total amounts of new budget authority, and budget outlays
resulting therefrom, to be provided or authorized in all
bills and resolutions within its jurisdiction that it intends
to be effective during that fiscal year.
(d) Budget Act Compliance: Recommended Changes.--Whenever
the Committee is directed in a concurrent resolution on the
budget to determine and recommend changes in laws, bills, or
resolutions under the reconciliation process, it shall
promptly make such determination and recommendations, and
report a reconciliation bill or resolution (or both) to the
House or submit such recommendations to the Committee on the
Budget, in accordance with the Congressional Budget Act of
1974 (See Appendix B).
(e) Conference Committees.--Whenever in the legislative
process it becomes necessary to appoint conferees, the
Chairman shall, after consultation with the Ranking Minority
Member, determine the number of conferees the Chairman deems
most suitable and then recommend to the Speaker as conferees,
in keeping with the number to be appointed by the Speaker as
provided in House Rule I, clause 11, the names of those
Members of the Committee of not less than a majority who
generally supported the House position and who were primarily
responsible for the legislation. The Chairman shall, to the
fullest extent feasible, include those Members of the
Committee who were the principal proponents of the major
provisions of the bill as it passed the House and such other
Committee Members of the majority party as the Chairman may
designate in consultation with the Members of the majority
party. Such recommendations shall provide a ratio of majority
party Members to minority party Members no less favorable to
the majority party than the ratio of majority party Members
to minority party Members on the Committee. In making
recommendations of Minority Party Members as conferees, the
Chairman shall consult with the Ranking Minority Member of
the Committee.
(f)(1) The Committee, or a subcommittee, shall hold at
least one hearing during each 120-day period following the
establishment of the committee on the topic of waste, fraud,
abuse, or mismanagement in Government programs which the
committee may authorize.
(2) A hearing described in subparagraph (1) shall include a
focus on the most egregious instances of waste, fraud, abuse,
or mismanagement as documented by any report the committee
has received from a Federal Office of the Inspector General
or the Comptroller General of the United States.
(g) The Committee or a subcommittee, shall hold at least
one hearing in any session in which the committee has
received disclaimers of agency financial statements from
auditors of any Federal agency that the committee may
authorize to hear testimony on such disclaimers from
representatives of any such agency.
(h) The Committee or a subcommittee, shall hold at least
one hearing on issues raised by reports issued by the
Comptroller General of the United States indicating that
Federal programs or operations that the committee may
authorize are at high risk for waste, fraud, and
mismanagement, known as the `high-risk-list' or the `high-
risk series'.
(i)(1) Not later than January 2 of each year, the Committee
shall submit to the House a report on the activities of the
committee. After adjournment sine die of a regular session
of Congress, or after December 15, whichever occurs first,
the Chair may file the report, a copy of which shall be
made available to each member of the committee for at
least seven calendar days, with the Clerk at any time.
(2) Such report shall include separate sections summarizing
the legislative and oversight activities of the Committee
during that Congress.
(3) The oversight section of such report shall include a
summary of the oversight plans submitted by the Committee
pursuant to clause 2(d) of House Rule X, a summary of the
actions taken and recommendations made with respect to each
such plan, and a summary of any additional oversight
activities undertaken by the Committee, and any
recommendations made or actions taken with respect thereto.
RULE X.--SUBCOMMITTEES
(a) Number and Composition.--There shall be such
subcommittees as specified in paragraph (c) of this rule.
Each of such subcommittees shall be composed of the number of
members set forth in paragraph (c) of this rule, including ex
officio members. The Chairman may create additional
subcommittees of an ad hoc nature as the Chairman determines
to be appropriate subject to any limitations provided for in
the House Rules.
(b) Ratios.--On each subcommittee, there shall be a ratio
of majority party members to minority party members which
shall be consistent with the ratio on the full Committee. In
calculating the ratio of majority
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party members to minority party members, there shall be
included the ex officio members of the subcommittees and
ratios below reflect that fact.
(c) Jurisdiction.--Each subcommittee shall have the
following general jurisdiction and number of members:
General Farm Commodities and Risk Management (__ members,
__ majority and __ minority)--Program and markets related to
cotton, cottonseed, wheat, feed grains, soybeans, oilseeds,
rice, dry beans, peas, lentils, the Commodity Credit
Corporation, risk management, including crop insurance,
commodity exchanges, and specialty crops.
Livestock, Rural Development, and Credit (__members,
__majority and __minority)--Livestock, dairy, poultry, meat,
seafood and seafood products, inspection, marketing, and
promotion of such commodities, aquaculture, animal welfare
and grazing, rural development, farm security and family
farming matters, and agricultural credit.
Department Operations, Oversight, and Nutrition ( __
members, __majority and __minority)--Agency oversight, review
and analysis, special investigations, food stamps, nutrition
and consumer programs.
Conservation, Energy, and Forestry(__members, __majority
and __minority)--Soil, water, and resource conservation,
small watershed program, energy and biobased energy
production, rural electrification, forestry in general and
forest reserves other than those created in public domain.
Horticulture, Research, Biotechnology, and Foreign
Agriculture (__members, __majority and __minority)--Fruits
and vegetables, honey and bees, marketing and promotion
orders, plant pesticides, quarantine, adulteration of seeds
and insect pests, and organic agriculture, research,
education and extension, biotechnology and foreign
agriculture assistance, and trade promotion programs,
generally.
(d) Referral of Legislation.--(1)(a) In General.--All
bills, resolutions, and other matters referred to the
Committee shall be referred to all subcommittees of
appropriate jurisdiction within 2 weeks after being referred
to the Committee. After consultation with the Ranking
Minority Member, the Chairman may determine that the
Committee will consider certain bills, resolutions, or other
matters.
(b) Trade Matters.--Unless action is otherwise taken under
subparagraph (3), bills, resolutions, and other matters
referred to the Committee relating to foreign agriculture,
foreign food or commodity assistance, and foreign trade and
marketing issues will be considered by the Committee.
(2) The Chairman, by a majority vote of the Committee, may
discharge a subcommittee from further consideration of any
bill, resolution, or other matter referred to the
subcommittee and have such bill, resolution or other matter
considered by the Committee. The Committee having referred a
bill, resolution, or other matter to a subcommittee in
accordance with this rule may discharge such subcommittee
from further consideration thereof at any time by a vote
of the majority members of the Committee for the
Committee's direct consideration or for reference to
another subcommittee.
(3) Unless the Committee, a quorum being present, decides
otherwise by a majority vote, the Chairman may refer bills,
resolutions, legislation or other matters not specifically
within the jurisdiction of a subcommittee, or that is within
the jurisdiction of more than one subcommittee, jointly or
exclusively as the Chairman deems appropriate, including
concurrently to the subcommittees with jurisdiction,
sequentially to the subcommittees with jurisdiction (subject
to any time limits deemed appropriate), divided by subject
matter among the subcommittees with jurisdiction, or to an ad
hoc subcommittee appointed by the Chairman for the purpose of
considering the matter and reporting to the Committee
thereon, or make such other provisions deemed appropriate.
(e) Participation and Service of Committee Members on
Subcommittees.--(1) The Chairman and the Ranking Minority
Member shall serve as ex officio members of all subcommittees
and shall have the right to vote on all matters before the
subcommittees. The Chairman and the Ranking Minority Member
may not be counted for the purpose of establishing a quorum.
(2) Any member of the Committee who is not a member of the
subcommittee may have the privilege of sitting and
nonparticipatory attendance at subcommittee hearings or
meetings in accordance with clause 2(g)(2) of House Rule XI.
Such member may not:
(i) vote on any matter;
(ii) be counted for the purpose of a establishing a quorum;
(iii) participate in questioning a witness under the five
minute rule, unless permitted to do so by the subcommittee
Chairman in consultation with the Ranking Minority Member or
a majority of the subcommittee, a quorum being present;
(iv) raise points of order; or
(v) offer amendments or motions.
(f) Subcommittee Hearings and Meetings.--(1) Each
subcommittee is authorized to meet, hold hearings, receive
evidence, and make recommendations to the Committee on all
matters referred to it or under its jurisdiction after
consultation by the subcommittee Chairmen with the Committee
Chairman. (See Committee rule VII.)
(2) After consultation with the Committee Chairman,
subcommittee Chairmen shall set dates for hearings and
meetings of their subcommittees and shall request the
Majority Staff Director to make any announcement relating
thereto. (See Committee rule VII(b).) In setting the dates,
the Committee Chairman and subcommittee Chairman shall
consult with other subcommittee Chairmen and relevant
Committee and Subcommittee Ranking Minority Members in an
effort to avoid simultaneously scheduling Committee and
subcommittee meetings or hearings to the extent practicable.
(3) Notice of all subcommittee meetings shall be provided
to the Chairman and the Ranking Minority Member of the
Committee by the Majority Staff Director.
(4) Subcommittees may hold meetings or hearings outside of
the House if the Chairman of the Committee and other
subcommittee Chairmen and the Ranking Minority Member of the
subcommittee is consulted in advance to ensure that there is
no scheduling problem. However, the majority of the Committee
may authorize such meeting or hearing.
(5) The provisions regarding notice and the agenda of
Committee meetings under Committee rule II(a) and special or
additional meetings under Committee rule II(b) shall apply to
subcommittee meetings.
(6) If a vacancy occurs in a subcommittee chairmanship, the
Chairman may set the dates for hearings and meetings of the
subcommittee during the period of vacancy. The Chairman may
also appoint an acting subcommittee Chairman until the
vacancy is filled.
(g) Subcommittee Action.--(1) Any bill, resolution,
recommendation, or other matter forwarded to the Committee by
a subcommittee shall be promptly forwarded by the
subcommittee Chairman or any subcommittee member authorized
to do so by the subcommittee.
(2) Upon receipt of such recommendation, the Majority Staff
Director of the Committee shall promptly advise all members
of the Committee of the subcommittee action.
(3) The Committee shall not consider any matters
recommended by subcommittees until two calendar days have
elapsed from the date of action, unless the Chairman or a
majority of the Committee determines otherwise.
(h) Subcommittee Investigations.--No investigation shall be
initiated by a subcommittee without the prior consultation
with the Chairman of the Committee or a majority of the
Committee.
RULE XI.--COMMITTEE BUDGET, STAFF, AND TRAVEL
(a) Committee Budget.--The Chairman, in consultation with
the majority members of the Committee, and the minority
members of the Committee, shall prepare a preliminary budget
for each session of the Congress. Such budget shall include
necessary amounts for staff personnel, travel, investigation,
and other expenses of the Committee and subcommittees. After
consultation with the Ranking Minority Member, the Chairman
shall include an amount budgeted to minority members for
staff under their direction and supervision. Thereafter, the
Chairman shall combine such proposals into a consolidated
Committee budget, and shall take whatever action is necessary
to have such budget duly authorized by the House.
(b) Committee Staff.--(1) The Chairman shall appoint and
determine the remuneration of, and may remove, the
professional and clerical employees of the Committee not
assigned to the minority. The professional and clerical staff
of the Committee not assigned to the minority shall be under
the general supervision and direction of the Chairman, who
shall establish and assign the duties and responsibilities of
such staff members and delegate such authority as he or she
determines appropriate. (See House Rule X, clause 9)
(2) The Ranking Minority Member of the Committee shall
appoint and determine the remuneration of, and may remove,
the professional and clerical staff assigned to the minority
within the budget approved for such purposes. The
professional and clerical staff assigned to the minority
shall be under the general supervision and direction of the
Ranking Minority Member of the Committee who may delegate
such authority as he or she determines appropriate.
(3) From the funds made available for the appointment of
Committee staff pursuant to any primary or additional expense
resolution, the Chairman shall ensure that each subcommittee
is adequately funded and staffed to discharge its
responsibilities and that the minority party is fairly
treated in the appointment of such staff (See House Rule X,
clause 6(d)).
(c) Committee Travel.--(1) Consistent with the primary
expense resolution and such additional expense resolution as
may have been approved, the provisions of this rule shall
govern official travel of Committee members and Committee
staff regarding domestic and foreign travel (See House rule
XI, clause 2(n) and House Rule X, clause 8 (reprinted in
Appendix A)). Official travel for any member or any Committee
staff member shall be paid only upon the prior authorization
of the Chairman. Official travel may be authorized by the
Chairman for any Committee Member and any Committee staff
member in connection with the attendance of hearings
conducted by the Committee and its subcommittees and
meetings, conferences, facility inspections, and
investigations which involve
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activities or subject matter relevant to the general
jurisdiction of the Committee. Before such authorization is
given there shall be submitted to the Chairman in writing the
following:
(i) The purpose of the official travel;
(ii) The dates during which the official travel is to be
made and the date or dates of the event for which the
official travel is being made;
(iii) The location of the event for which the official
travel is to be made; and
(iv) The names of members and Committee staff seeking
authorization.
(2) In the case of official travel of members and staff of
a subcommittee to hearings, meetings, conferences, facility
inspections and investigations involving activities or
subject matter under the jurisdiction of such subcommittee to
be paid for out of funds allocated to the Committee, prior
authorization must be obtained from the subcommittee Chairman
and the full Committee Chairman. Such prior authorization
shall be given by the Chairman only upon the representation
by the applicable subcommittee Chairman in writing setting
forth those items enumerated in clause (1).
(3) Within 60 days of the conclusion of any official travel
authorized under this rule, there shall be submitted to the
Committee Chairman a written report covering the information
gained as a result of the hearing, meeting, conference,
facility inspection or investigation attended pursuant to
such official travel.
(4) Local currencies owned by the United States shall be
made available to the Committee and its employees engaged in
carrying out their official duties outside the United States,
its territories or possessions. No appropriated funds shall
be expended for the purpose of defraying expenses of Members
of the Committee or its employees in any country where local
currencies are available for this purpose; and the following
conditions shall apply with respect to their use of such
currencies;
(i) No Member or employee of the Committee 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; and
(ii) Each Member or employee of the Committee shall make an
itemized report to the Chairman within 60 days following the
completion of travel 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 shall summarize in these
categories the total foreign currencies and appropriated
funds expended. All such individual reports shall be filed by
the Chairman with the Committee on House Administration and
shall be open to public inspection.
RULE XII.--AMENDMENT OF RULES
These rules may be amended by a majority vote of the
Committee. A proposed change in these rules shall not be
considered by the Committee as provided in clause 2 of House
Rule XI, unless written notice of the proposed change has
been provided to each Committee member two legislative days
in advance of the date on which the matter is to be
considered. Any such change in the rules of the Committee
shall be published in the Congressional Record within 30
calendar days after its approval.
Rules of the Committee on Armed Services for the 113th Congress
Mr. McKEON. Mr. Speaker, I submit for publication the attached copy
of the rules of the Committee on Armed Services for the U.S. House of
Representatives for the 113th Congress, as adopted by the committee on
January 15, 2013.
RULE 1. GENERAL PROVISIONS
(a) The Rules of the House of Representatives are the rules
of the Committee on Armed Services (hereinafter referred to
in these rules as the ``Committee'') and its subcommittees so
far as applicable.
(b) Pursuant to clause 2(a)(2) of rule XI of the Rules of
the House of Representatives, the Committee's rules shall be
publicly available in electronic form and published in the
Congressional Record not later than 30 days after the chair
of the committee is elected in each odd-numbered year.
RULE 2. FULL COMMITTEE MEETING DATE
(a) The Committee shall meet every Wednesday at 10:00 a.m.,
when the House of Representatives is in session, and at such
other times as may be fixed by the Chairman of the Committee
(hereinafter referred to as the ``Chairman''), or by written
request of members of the Committee pursuant to clause 2(c)
of rule XI of the Rules of the House of Representatives.
(b) A Wednesday meeting of the Committee may be dispensed
with by the Chairman, but such action may be reversed by a
written request of a majority of the members of the
Committee.
RULE 3. SUBCOMMITTEE MEETING DATES
Each subcommittee is authorized to meet, hold hearings,
receive evidence, and report to the Committee on all matters
referred to it. Insofar as possible, meetings of the
Committee and its subcommittees shall not conflict. A
subcommittee Chairman shall set meeting dates after
consultation with the Chairman, other subcommittee Chairmen,
and the Ranking Minority Member of the subcommittee with a
view toward avoiding, whenever possible, simultaneous
scheduling of Committee and subcommittee meetings or
hearings.
RULE 4. JURISDICTION AND MEMBERSHIP OF COMMITTEE AND SUBCOMMITTEES
(a) Jurisdiction
(1) The Committee retains jurisdiction of all subjects
listed in clause 1(c) and clause 3(b) of rule X of the Rules
of the House of Representatives and retains exclusive
jurisdiction for: defense policy generally, ongoing military
operations, the organization and reform of the Department of
Defense and Department of Energy, counter-drug programs,
security and humanitarian assistance (except special
operations-related activities) of the Department of Defense,
acquisition and industrial base policy, technology transfer
and export controls, joint interoperability, the Cooperative
Threat Reduction program, Department of Energy
nonproliferation programs, detainee affairs and policy, force
protection policy and inter-agency reform as it pertains to
the Department of Defense and the nuclear weapons programs of
the Department of Energy. While subcommittees are provided
jurisdictional responsibilities in subparagraph (2), the
Committee retains the right to exercise oversight and
legislative jurisdiction over all subjects within its purview
under rule X of the Rules of the House of Representatives.
(2) The Committee shall be organized to consist of seven
standing subcommittees with the following jurisdictions:
Subcommittee on Tactical Air and Land Forces: All Army, Air
Force and Marine Corps acquisition programs (except Marine
Corps amphibious assault vehicle programs, strategic
missiles, space, lift programs, special operations, science
and technology programs, and information technology accounts)
and the associated weapons systems sustainment. In addition,
the subcommittee will be responsible for Navy and Marine
Corps aviation programs and the associated weapons systems
sustainment, National Guard and Army, Air Force and Marine
Corps Reserve modernization, and ammunition programs.
Subcommittee on Military Personnel: Military personnel
policy, Reserve Component integration and employment issues,
military health care, military education, and POW/MIA issues.
In addition, the subcommittee will be responsible for Morale,
Welfare and Recreation issues and programs.
Subcommittee on Readiness: Military readiness, training,
logistics and maintenance issues and programs. In addition,
the subcommittee will be responsible for all military
construction, depot policy, civilian personnel policy,
environmental policy, installations and family housing
issues, including the base closure process, and energy policy
and programs of the Department of Defense.
Subcommittee on Seapower and Projection Forces: Navy
acquisition programs, Naval Reserve equipment, and Marine
Corps amphibious assault vehicle programs (except strategic
weapons, space, special operations, science and technology
programs, and information technology programs), deep strike
bombers and related systems, lift programs, seaborne unmanned
aerial systems and the associated weapons systems
sustainment. In addition, the subcommittee will be
responsible for Maritime programs under the jurisdiction of
the Committee as delineated in paragraphs 5, 6, and 9 of
clause 1(c) of rule X of the Rules of the House of
Representatives.
Subcommittee on Strategic Forces: Strategic weapons (except
deep strike bombers and related systems), space programs
(including national intelligence space programs), ballistic
missile defense, the associated weapons systems sustainment,
and Department of Energy national security programs (except
non-proliferation programs).
Subcommittee on Intelligence, Emerging Threats and
Capabilities: Defense-wide and joint enabling activities and
programs to include: Special Operations Forces; counter-
proliferation and counter-terrorism programs and initiatives;
science and technology policy and programs; information
technology programs; homeland defense and Department of
Defense related consequence management programs; related
intelligence support; and other enabling programs and
activities to include cyber operations, strategic
communications, and information operations. In addition the
subcommittee will be responsible for intelligence policy
(including coordination of military intelligence programs),
national-intelligence programs (excluding national
intelligence space programs), and DoD elements that are part
of the Intelligence Community.
Subcommittee on Oversight and Investigations: Any matter
within the jurisdiction of the Committee, subject to the
concurrence of the Chairman of the Committee and, as
appropriate, affected subcommittee chairmen. The subcommittee
shall have no legislative jurisdiction.
(b) Membership of the Subcommittees
(1) Subcommittee memberships, with the exception of
membership on the Subcommittee on Oversight and
Investigations, shall be filled in accordance with the rules
of the Majority party's conference and the Minority party's
caucus, respectively.
(2) The Chairman and Ranking Minority Member of the
Subcommittee on Oversight and Investigations shall be filled
in accordance with the rules of the Majority party's
conference and the Minority party's caucus, respectively.
Consistent with the party ratios established by the Majority
party, all
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other Majority members of the subcommittee shall be appointed
by the Chairman of the Committee, and all other Minority
members shall be appointed by the Ranking Minority Member of
the Committee.
(3) The Chairman of the Committee and Ranking Minority
Member thereof may sit as ex officio members of all
subcommittees. Ex officio members shall not vote in
subcommittee hearings or meetings or be taken into
consideration for the purpose of determining the ratio of the
subcommittees or establishing a quorum at subcommittee
hearings or meetings.
(4) A member of the Committee who is not a member of a
particular subcommittee may sit with the subcommittee and
participate during any of its hearings but shall not have
authority to vote, cannot be counted for the purpose of
achieving a quorum, and cannot raise a point of order at the
hearing.
RULE 5. COMMITTEE PANELS AND TASK FORCES
(a) Committee Panels
(1) The Chairman may designate a panel of the Committee
consisting of members of the Committee to inquire into and
take testimony on a matter or matters that fall within the
jurisdiction of more than one subcommittee and to report to
the Committee.
(2) No panel appointed by the Chairman shall continue in
existence for more than six months after the appointment. A
panel so appointed may, upon the expiration of six months, be
reappointed by the Chairman for a period of time which is not
to exceed six months.
(3) Consistent with the party ratios established by the
Majority party, all Majority members of the panels shall be
appointed by the Chairman of the Committee, and all Minority
members shall be appointed by the Ranking Minority Member of
the Committee. The Chairman of the Committee shall choose one
of the Majority members so appointed who does not currently
chair another subcommittee of the Committee to serve as
Chairman of the panel. The Ranking Minority Member of the
Committee shall similarly choose the Ranking Minority Member
of the panel.
(4) No panel shall have legislative jurisdiction.
(b) Committee and Subcommittee Task Forces
(1) The Chairman of the Committee, or a Chairman of a
subcommittee with the concurrence of the Chairman of the
Committee, may designate a task force to inquire into and
take testimony on a matter that falls within the jurisdiction
of the Committee or subcommittee, respectively. The Chairman
and Ranking Minority Member of the Committee or subcommittee
shall each appoint an equal number of members to the task
force. The Chairman of the Committee or subcommittee shall
choose one of the members so appointed, who does not
currently chair another subcommittee of the Committee, to
serve as Chairman of the task force. The Ranking Minority
Member of the Committee or subcommittee shall similarly
appoint the Ranking Minority Member of the task force.
(2) No task force appointed by the Chairman of the
Committee or subcommittee shall continue in existence for
more than three months. A task force may only be reappointed
for an additional three months with the written concurrence
of the Chairman and Ranking Minority Member of the Committee
or subcommittee whose Chairman appointed the task force.
(3) No task force shall have legislative jurisdiction.
RULE 6. REFERENCE AND CONSIDERATION OF LEGISLATION
(a) The Chairman shall refer legislation and other matters
to the appropriate subcommittee or to the full Committee.
(b) Legislation shall be taken up for a hearing or markup
only when called by the Chairman of the Committee or
subcommittee, as appropriate, or by a majority of the
Committee or subcommittee, as appropriate.
(c) The Chairman, with approval of a majority vote of a
quorum of the Committee, shall have authority to discharge a
subcommittee from consideration of any measure or matter
referred thereto and have such measure or matter considered
by the Committee.
(d) Reports and recommendations of a subcommittee may not
be considered by the Committee until after the intervention
of three calendar days from the time the report is approved
by the subcommittee and available to the members of the
Committee, except that this rule may be waived by a majority
vote of a quorum of the Committee.
(e) The Chairman, in consultation with the Ranking Minority
Member, shall establish criteria for recommending legislation
and other matters to be considered by the House of
Representatives, pursuant to clause I of rule XV of the Rules
of the House of Representatives. Such criteria shall not
conflict with the Rules of the House of Representatives and
other applicable rules.
RULE 7. PUBLIC ANNOUNCEMENT OF HEARINGS AND MEETINGS
(a) Pursuant to clause 2(g)(3) of rule XI of the Rules of
the House of Representatives, the Chairman of the Committee,
or of any subcommittee, panel, or task force, shall make a
public announcement of the date, place, and subject matter of
any hearing or meeting before that body at least one week
before the commencement of a hearing and at least three days
before the commencement of a meeting. However, if the
Chairman of the Committee, or of any subcommittee, panel, or
task force, with the concurrence of the respective Ranking
Minority Member, determines that there is good cause to begin
the hearing or meeting sooner, or if the Committee,
subcommittee, panel, or task force so determines by majority
vote, a quorum being present for the transaction of business,
such chairman shall make the announcement at the earliest
possible date. Any announcement made under this rule shall be
promptly published in the Daily Digest, promptly entered into
the committee scheduling service of the House Information
Resources, and promptly made publicly available in electronic
form.
(b) At least 24 hours prior to the commencement of a
meeting for the markup of legislation, or at the time of an
announcement under paragraph (a) made within 24 hours before
such meeting, the Chairman of the Committee, or of any
subcommittee, panel, or task force shall cause the text of
such measure or matter to be made publicly available in
electronic form as provided in clause 2(g)(4) of rule XI of
the Rules of the House of Representatives.
RULE 8. BROADCASTING OF COMMITTEE HEARINGS AND MEETINGS
(a) Pursuant to clause 2(e)(5) of rule XI of the Rules of
the House of Representatives, the Committee shall, to the
maximum extent practicable, provide audio and video coverage
of each hearing or meeting for the transaction of business in
a manner that allows the public to easily listen to and view
the proceedings. The Committee shall maintain the recordings
of such coverage in a manner that is easily accessible to the
public.
(b) Clause 4 of rule XI of the Rules of the House of
Representatives shall apply to the Committee.
RULE 9. MEETINGS AND HEARINGS OPEN TO THE PUBLIC
(a) Each hearing and meeting for the transaction of
business, including the markup of legislation, conducted by
the Committee, or any subcommittee, panel, or task force, to
the extent that the respective body is authorized to conduct
markups, shall be open to the public except when the
Committee, subcommittee, panel, or task force in open session
and with a majority being present, determines by record vote
that all or part of the remainder of that hearing or meeting
on that day shall be in executive session because disclosure
of testimony, evidence, or other matters to be considered
would endanger the national security, would compromise
sensitive law enforcement information, or would violate any
law or rule of the House of Representatives. Notwithstanding
the requirements of the preceding sentence, a majority of
those present, there being in attendance no fewer than two
members of the Committee, subcommittee, panel, or task force
may vote to close a hearing or meeting for the sole purpose
of discussing whether testimony or evidence to be received
would endanger the national security, would compromise
sensitive law enforcement information, or would violate any
law or rule of the House of Representatives. If the decision
is to proceed in executive session, the vote must be by
record vote and in open session, a majority of the Committee,
subcommittee, panel, or task force being present.
(b) Whenever it is asserted by a member of the Committee or
subcommittee that the evidence or testimony at a hearing may
tend to defame, degrade, or incriminate any person, or it is
asserted by a witness that the evidence or testimony that the
witness would give at a hearing may tend to defame, degrade,
or incriminate the witness, notwithstanding the requirements
of (a) and the provisions of clause 2(g)(2) of rule XI of the
Rules of the House of Representatives, such evidence or
testimony shall be presented in executive session, if by a
majority vote of those present, there being in attendance no
fewer than two members of the Committee or subcommittee, the
Committee or subcommittee determines that such evidence may
tend to defame, degrade, or incriminate any person. A
majority of those present, there being in attendance no fewer
than two members of the Committee or subcommittee may also
vote to close the hearing or meeting for the sole purpose of
discussing whether evidence or testimony to be received would
tend to defame, degrade, or incriminate any person. The
Committee or subcommittee shall proceed to receive such
testimony in open session only if the Committee or
subcommittee, a majority being present, determines that
such evidence or testimony will not tend to defame,
degrade, or incriminate any person.
(c) Notwithstanding the foregoing, and with the approval of
the Chairman, each member of the Committee may designate by
letter to the Chairman, one member of that member's personal
staff, and an alternate, which may include fellows, with Top
Secret security clearance to attend hearings of the
Committee, or that member's subcommittee(s), panel(s), or
task force(s) (excluding briefings or meetings held under the
provisions of committee rule 9(a)), which have been closed
under the provisions of rule 9(a) above for national security
purposes for the taking of testimony. The attendance of such
a staff member or fellow at such hearings is subject to the
approval of the Committee, subcommittee, panel, or task force
as dictated by national security requirements at that time.
The attainment of any required security clearances is the
responsibility of individual members of the Committee.
[[Page H273]]
(d) Pursuant to clause 2(g)(2) of rule XI of the Rules of
the House of Representatives, no Member, Delegate, or
Resident Commissioner may be excluded from nonparticipatory
attendance at any hearing of the Committee or a subcommittee,
unless the House of Representatives shall by majority vote
authorize the Committee or subcommittee, 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, Delegates, and the Resident
Commissioner by the same procedures designated in this rule
for closing hearings to the public.
(e) The Committee or the subcommittee may vote, by the same
procedure, to meet in executive session for up to five
additional consecutive days of hearings.
RULE 10. QUORUM
(a) For purposes of taking testimony and receiving
evidence, two members shall constitute a quorum.
(b) One-third of the members of the Committee or
subcommittee shall constitute a quorum for taking any action,
with the following exceptions, in which case a majority of
the Committee or subcommittee shall constitute a quorum:
(1) Reporting a measure or recommendation;
(2) Closing Committee or subcommittee meetings and hearings
to the public;
(3) Authorizing the issuance of subpoenas;
(4) Authorizing the use of executive session material; and
(5) Voting to proceed in open session after voting to close
to discuss whether evidence or testimony to be received would
tend to defame, degrade, or incriminate any person.
(c) No measure or recommendation shall be reported to the
House of Representatives unless a majority of the Committee
is actually present.
RULE 11. THE FIVE-MINUTE RULE
(a) Subject to rule 15, the time any one member may address
the Committee or subcommittee on any measure or matter under
consideration shall not exceed five minutes and then only
when the member has been recognized by the Chairman or
subcommittee chairman, as appropriate, except that this time
limit may be exceeded by unanimous consent. Any member, upon
request, shall be recognized for not more than five minutes
to address the Committee or subcommittee on behalf of an
amendment which the member has offered to any pending bill or
resolution. The five-minute limitation shall not apply to the
Chairman and Ranking Minority Member of the Committee or
subcommittee.
(b)(1) Members who are present at a hearing of the
Committee or subcommittee when a hearing is originally
convened shall be recognized by the Chairman or subcommittee
chairman, as appropriate, in order of seniority. Those
members arriving subsequently shall be recognized in order of
their arrival. Notwithstanding the foregoing, the Chairman
and the Ranking Minority Member will take precedence upon
their arrival. In recognizing members to question witnesses
in this fashion, the Chairman shall take into consideration
the ratio of the Majority to Minority members present and
shall establish the order of recognition for questioning in
such a manner as not to disadvantage the members of either
party.
(2) Pursuant to rule 4 and subject to rule 15, a member of
the Committee who is not a member of a subcommittee may be
recognized by a subcommittee chairman in order of their
arrival and after all present subcommittee members have been
recognized.
(3) The Chairman of the Committee or a subcommittee, with
the concurrence of the respective Ranking Minority Member,
may depart with the regular order for questioning which is
specified in paragraphs (a) and (b) of this rule provided
that such a decision is announced prior to the hearing or
prior to the opening statements of the witnesses and that any
such departure applies equally to the Majority and the
Minority.
(c) No person other than a Member, Delegate, or Resident
Commissioner of Congress and committee staff may be seated in
or behind the dais area during Committee, subcommittee,
panel, or task force hearings and meetings.
RULE 12. POWER TO SIT AND ACT; SUBPOENA POWER
(a) 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 and any subcommittee is
authorized (subject to subparagraph (b)(1) of this
paragraph):
(1) 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 hearings, and
(2) to require by subpoena, or otherwise, the attendance
and testimony of such witnesses and the production of such
books, records, correspondence, memorandums, papers and
documents, including, but not limited to, those in electronic
form, as it considers necessary.
(b)(1) A subpoena may be authorized and issued by the
Committee, or any subcommittee with the concurrence of the
full Committee Chairman and after consultation with the
Ranking Minority Member of the Committee, under subparagraph
(a)(2) in the conduct of any investigation, or series of
investigations or activities, only when authorized by a
majority of the members voting, a majority of the Committee
or subcommittee being present. Authorized subpoenas shall be
signed only by the Chairman, or by any member designated by
the Committee.
(2) Pursuant to clause 2(m) of rule XI of the Rules of the
House of Representatives, compliance with any subpoena issued
by the Committee or any subcommittee under subparagraph
(a)(2) may be enforced only as authorized or directed by the
House of Representatives.
RULE 13. WITNESS STATEMENTS
(a) Any prepared statement to be presented by a witness to
the Committee or a subcommittee shall be submitted to the
Committee or subcommittee at least 48 hours in advance of
presentation and shall be distributed to all members of the
Committee or subcommittee as soon as practicable but not less
than 24 hours in advance of presentation. A copy of any such
prepared statement shall also be submitted to the Committee
in electronic form. If a prepared statement contains national
security information bearing a classification of Secret or
higher, the statement shall be made available in the
Committee rooms to all members of the Committee or
subcommittee as soon as practicable but not less than 24
hours in advance of presentation; however, no such statement
shall be removed from the Committee offices. The requirement
of this rule may be waived by a majority vote of the
Committee or subcommittee, a quorum being present. In cases
where a witness does not submit a statement by the time
required under this rule, the Chairman of the Committee or
subcommittee, as appropriate, with the concurrence of the
respective Ranking Minority Member, may elect to exclude the
witness from the hearing.
(b) The Committee and each subcommittee shall require each
witness who is to appear before it to file with the Committee
in advance of his or her appearance a written statement of
the proposed testimony and to limit the oral presentation at
such appearance to a brief summary of the submitted written
statement.
(c) Pursuant to clause 2(g)(5) of rule XI of the Rules of
the House of Representatives, written witness statements,
with appropriate redactions to protect the privacy of the
witness, shall be made publicly available in electronic form
not later than one day after the witness appears.
RULE 14. ADMINISTERING OATHS TO WITNESSES
(a) The Chairman, or any member designated by the Chairman,
may administer oaths to any witness.
(b) Witnesses, when sworn, shall subscribe to the following
oath:
``Do you solemnly swear (or affirm) that the testimony you
will give before this Committee (or subcommittee) in the
matters now under consideration will be the truth, the whole
truth, and nothing but the truth, so help you God?''
RULE 15. QUESTIONING OF WITNESSES
(a) When a witness is before the Committee or a
subcommittee, members of the Committee or subcommittee may
put questions to the witness only when recognized by the
Chairman or subcommittee chairman, as appropriate, for that
purpose according to rule 11 of the Committee.
(b) Members of the Committee or subcommittee who so desire
shall have not more than five minutes to question each
witness or panel of witnesses, the responses of the witness
or witnesses being included in the five-minute period, until
such time as each member has had an opportunity to question
each witness or panel of witnesses. Thereafter, additional
rounds for questioning witnesses by members are within the
discretion of the Chairman or subcommittee chairman, as
appropriate.
(c) Questions put to witnesses before the Committee or
subcommittee shall be pertinent to the measure or matter that
may be before the Committee or subcommittee for
consideration.
RULE 16. PUBLICATION OF COMMITTEE HEARINGS AND MARKUPS
The transcripts of those hearings conducted by the
Committee, subcommittee, or panel will be published
officially in substantially verbatim form, with the material
requested for the record inserted at that place requested, or
at the end of the record, as appropriate. The transcripts of
markups conducted by the Committee or any subcommittee may be
published officially in verbatim form. Any requests to
correct any errors, other than those in transcription, will
be appended to the record, and the appropriate place where
the change is requested will be footnoted. Any transcript
published under this rule shall include the results of
record votes conducted in the session covered by the
transcript and shall also include materials that have been
submitted for the record and are covered under rule 19.
The handling and safekeeping of these materials shall
fully satisfy the requirements of rule 20. No transcript
of an executive session conducted under rule 9 shall be
published under this rule.
RULE 17. VOTING AND ROLLCALLS
(a) Voting on a measure or matter may be by record vote,
division vote, voice vote, or unanimous consent.
(b) A record vote shall be ordered upon the request of one-
fifth of those members present.
(c) No vote by any member of the Committee or a
subcommittee with respect to any measure or matter shall be
cast by proxy.
[[Page H274]]
(d) In the event of a vote or votes, when a member is in
attendance at any other committee, subcommittee, or
conference committee meeting during that time, the necessary
absence of that member shall be so noted in the record vote
record, upon timely notification to the Chairman by that
member.
(e) The Chairman of the Committee or a subcommittee, as
appropriate, with the concurrence of the Ranking Minority
Member or the most senior Minority member who is present at
the time, may elect to postpone requested record votes until
such time or point at a markup as is mutually decided. When
proceedings resume on a postponed question, notwithstanding
any intervening order for the previous question, the
underlying proposition shall remain subject to further debate
or amendment to the same extent as when the question was
postponed.
RULE 18. COMMITTEE REPORTS
(a) If, at the time of approval of any measure or matter by
the Committee, any member of the Committee gives timely
notice of intention to file supplemental, Minority,
additional or dissenting views, all members shall be entitled
to not less than two calendar days (excluding Saturdays,
Sundays, and legal holidays except when the House is in
session on such days) in which to file such written and
signed views with the Staff Director of the Committee, or the
Staff Director's designee. All such views so filed by one or
more members of the Committee shall be included within, and
shall be a part of, the report filed by the Committee with
respect to that measure or matter.
(b) With respect to each record vote on a motion to report
any measure or matter, and on any amendment offered to the
measure or matter, the total number of votes cast for and
against, the names of those voting for and against, and a
brief description of the question, shall be included in the
Committee report on the measure or matter.
(c) Not later than 24 hours after the adoption of any
amendment to a measure or matter considered by the Committee,
the Chairman shall cause the text of each such amendment to
be made publicly available in electronic form as provided in
clause 2(e)(6) of rule XI of the Rules of the House of
Representatives.
RULE 19. PUBLIC INSPECTION OF COMMITTEE ROLLCALLS
The result of each record vote in any meeting of the
Committee shall be made available by the Committee for
inspection by the public at reasonable times in the offices
of the Committee and also made publicly available in
electronic form within 48 hours of such record vote pursuant
to clause 2(e)(1)B(i) of rule XI of the Rules of the House of
Representatives. Information so available shall include a
description of the amendment, motion, order, or other
proposition and the name of each member voting for and each
member voting against such amendment, motion, order, or
proposition and the names of those members present but not
voting.
RULE 20. PROTECTION OF NATIONAL SECURITY AND OTHER INFORMATION
(a) Except as provided in clause 2(g) of rule XI of the
Rules of the House of Representatives, all national security
information bearing a classification of Secret or higher
which has been received by the Committee or a subcommittee
shall be deemed to have been received in executive session
and shall be given appropriate safekeeping.
(b) The Chairman of the Committee shall, with the approval
of a majority of the Committee, establish such procedures as
in his judgment may be necessary to prevent the unauthorized
disclosure of any national security information that is
received which is classified as Secret or higher. Such
procedures shall, however, ensure access to this information
by any member of the Committee or any other Member, Delegate,
or Resident Commissioner of the House of Representatives,
staff of the Committee, or staff designated under rule 9(c)
who have the appropriate security clearances and the need to
know, who has requested the opportunity to review such
material.
(c) The Chairman of the Committee shall, in consultation
with the Ranking Minority Member, establish such procedures
as in his judgment may be necessary to prevent the
unauthorized disclosure of any proprietary information that
is received by the Committee, subcommittee, panel, or task
force. Such procedures shall be consistent with the Rules of
the House of Representatives and applicable law.
RULE 21. COMMITTEE STAFFING
The staffing of the Committee, the standing subcommittees,
and any panel or task force designated by the Chairman or
chairmen of the subcommittees shall be subject to the Rules
of the House of Representatives.
RULE 22. COMMITTEE RECORDS
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 rule VII, 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.
RULE 23. HEARING PROCEDURES
Clause 2(k) of rule XI of the Rules of the House of
Representatives shall apply to the Committee.
RULE 24. COMMITTEE ACTIVITY REPORTS
Not later than January 2nd of each year the Committee shall
submit to the House a report on its activities, pursuant to
clause 1(d) of rule XI of the Rules of the House of
Representatives.
Rules of the Committee on the Judiciary for the 113th Congress
Mr. GOODLATTE. Mr. Speaker, I submit for publication the attached
copy of the rules of the Committee on the Judiciary for the U.S. House
of Representatives for the 113th Congress, as adopted by the Committee
on January 23, 2013:
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
Wednesday 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) The Chairman shall furnish each Member of the Committee
or Subcommittee with the date, place, and a list of bills and
subjects to be considered at a Committee or Subcommittee
meeting, which may not commence earlier than the third day on
which Members have notice thereof (excluding Saturdays,
Sundays and legal holidays when the House is not in session).
(d) At least 48 hours prior to the commencement of a
meeting for the markup of legislation, the text of such
legislation shall be made publicly available in electronic
form.
(e) In an emergency that does not reasonably allow for the
notice requirements in (c) and (d), the Chairman may waive
the notice requirements with the concurrence of the Ranking
Minority Member.
(f) To the maximum extent practicable, amendments to a
measure or matter shall be submitted in writing or
electronically to the designee of both the Chairman and
Ranking Member at least 24 hours prior to the consideration
of the measure or matter. The Chairman may use his discretion
to give priority to amendments submitted in advance.
(g) 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.
(h) 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.
(i) 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 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.
(j)(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.
(k) Transcripts of markups shall be recorded and may be
published in the same manner as hearings before the
Committee.
(l) 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.
[[Page H275]]
(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 such
matters as determined by the Chairman.
(b) There shall be five standing Subcommittees of the
Committee on the Judiciary, with jurisdictions as follows:
The Subcommittee on the Constitution and Civil Justice
shall have jurisdiction over the following subject matters:
constitutional amendments, constitutional rights, Federal
civil rights, ethics in government, tort liability, including
medical malpractice and product liability, legal reform
generally, other appropriate matters as referred by the
Chairman, and relevant oversight.
The Subcommittee on Courts, Intellectual Property, and the
Internet shall have jurisdiction over the following subject
matters: Administration of U.S. Courts, Federal Rules of
Evidence, Civil and Appellate Procedure, judicial ethics,
copyright, patent, trademark law, information technology,
other appropriate matters as referred to by the Chairman, and
relevant oversight.
The Subcommittee on Crime, Terrorism, Homeland Security,
and Investigations shall have jurisdiction over the following
subject matters: Federal Criminal Code, drug enforcement,
sentencing, parole and pardons, internal and homeland
security, Federal Rules of Criminal Procedure, prisons,
criminal law enforcement, and other appropriate matters as
referred by the Chairman, and relevant oversight.
The Subcommittee on Immigration and Border Security shall
have jurisdiction over the following subject matters:
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 immigration enforcement, other appropriate matters as
referred by the Chairman, and relevant oversight.
The Subcommittee on Regulatory Reform, Commercial and
Antitrust Law shall have jurisdiction over the following
subject matters: bankruptcy and commercial law, bankruptcy
judgeships, administrative law, independent counsel, state
taxation affecting interstate commerce, interstate compacts,
antitrust matters, 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.
Rule IX. Official Committee Website
(a) The Chairman shall maintain an official website on
behalf of the Committee 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.
(b) The Chairman shall make the record of the votes on any
question on which a record vote is demanded in the full
Committee available on the Committee's official website not
later than 48 hours after such vote is taken. Such record
shall identify or describe the amendment, motion, order, or
other proposition, the name of each Member voting for and
each Member voting against such amendment, motion, order, or
proposition, and the names of the Members voting present.
(c) Not later than 24 hours after the adoption of any
amendment to a measure or matter considered by the Committee
or its Subcommittees, the Chairman shall make the text of
each such amendment publicly available in electronic form.
(d) Not later than 3 days after the conclusion of a
Committee meeting, the transcript of such meeting and the
text of all amendments offered shall be made available on the
Committee website.
(e) The Ranking Member is authorized to maintain a similar
official website on behalf of the Committee Minority for the
same purpose, including communicating information about the
activities of the Minority to Committee Members and other
Members of the House.
____________________