[Congressional Record Volume 159, Number 20 (Friday, February 8, 2013)]
[House]
[Pages H428-H430]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                     PUBLICATION OF COMMITTEE RULES


RULES OF THE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM FOR THE 113TH 
                                CONGRESS

  Mr. ISSA. Mr. Speaker, pursuant to House Rule XI, the Committee on 
Oversight and Government Reform adopted its rules for the 113th 
Congress on January 22, 2013, and I submit them now for publication in 
the Congressional Record.


                      Rule 1--Application of Rules

       Except where the terms ``full committee'' and 
     ``subcommittee'' are specifically referred to, the following 
     rules shall apply to the Committee on Oversight and 
     Government Reform and its subcommittees as well as to the 
     respective chairs and ranking minority members.


                            Rule 2--Meetings

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


                            Rule 3--Quorums

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


                       Rule 4--Committee Reports

       (a) Bills and resolutions approved by the full committee 
     shall be reported by the chairman pursuant to House Rule 
     XIII, clauses 2-4.
       (b) A proposed investigative or oversight report shall not 
     be considered in the committee unless the proposed report has 
     been available to the members of the committee for at least 
     three calendar days (excluding Saturdays, Sundays, and legal 
     holidays, unless the House is in session on such days) before 
     consideration of such proposed report in the committee. If 
     hearings have been held on the matter reported upon, every 
     reasonable effort shall be made to have such hearings printed 
     and available to the members of the committee before the 
     consideration of the proposed report in the committee.
       (c) Every investigative or oversight report shall be 
     approved by a majority vote of the committee at a meeting at 
     which a quorum is present. If at the time of approval of such 
     a report a member of the committee gives notice of intent to 
     file supplemental, minority, or additional views that 
     member shall be entitled to file such views following 
     House Rule XI, clause 2(l) and Rule XIII, clause 3(a)(1).
       (d) Only those investigative or oversight reports approved 
     by a majority vote of the committee may be ordered printed, 
     unless otherwise required by the Rules of the House of 
     Representatives.


                          Rule 5--Record Votes

       (a) A record vote of the members may be had upon the 
     request of any member upon approval of a one-fifth vote of 
     the members present.
       (b) Pursuant to House Rule XI, clause 2(h)(4), the chairman 
     is authorized to postpone further proceedings when a record 
     vote is ordered on the question of approving a measure or 
     matter or on adopting an amendment and to resume proceedings 
     on a postponed question at any time after reasonable notice. 
     When proceedings resume on a postponed question, 
     notwithstanding any intervening order for the previous 
     question, an underlying proposition shall remain subject to 
     further debate or amendment to the same extent as when the 
     question was postponed. After consultation with the ranking 
     minority member, the chairman shall take reasonable steps to 
     notify members on the resumption of proceedings on any 
     postponed record vote.


                    Rule 6--Subcommittees; Referrals

       (a) There shall be five standing subcommittees with 
     appropriate party ratios. The chairman shall assign members 
     to the subcommittees. Minority party assignments shall be 
     made only with the concurrence of the ranking minority 
     member. The subcommittees shall have the following fixed 
     jurisdictions:
       (1) The Subcommittee on Federal Workforce, U.S. Postal 
     Service and the Census--Legislative jurisdiction over the 
     federal civil service, the U.S. Postal Service, and the 
     Census Bureau;
       (2) The Subcommittee on Government Operations--Legislative 
     jurisdiction over government management and accounting 
     measures, the economy, efficiency, and management of 
     government operations and activities, procurement, federal 
     property, public information, including the Freedom of 
     Information Act and Federal Advisory Committee Act, federal 
     records (including the National Archives and Records 
     Administration and the Presidential Records Act) federal 
     information technology and data standards, grant reform, the 
     relationship between the federal government and states and 
     municipalities, including unfunded mandates;
       (3) The Subcommittee on National Security--Oversight 
     jurisdiction over national security, homeland security, 
     foreign operations, immigration, emergency management, and 
     criminal justice. The Subcommittee also has legislative 
     jurisdiction over drug policy;
       (4) The Subcommittee on Economic Growth, Job Creation, and 
     Regulatory Affairs--Oversight jurisdiction over regulatory 
     affairs, impediments to economic growth and job creation, 
     monetary policy, banking, infrastructure, and tax policy. The 
     Subcommittee also has legislative jurisdiction over federal 
     paperwork reduction, data quality, and the Office of 
     Information and Regulatory Affairs; and
       (5) The Subcommittee on Energy Policy, Health Care and 
     Entitlements--Oversight jurisdiction over federal health care 
     policy, food and drug safety, energy policy, solvency of 
     federal entitlement programs.
       (b) Bills, resolutions, and other matters shall be 
     expeditiously referred by the chairman to subcommittees for 
     consideration or investigation in accordance with their fixed 
     jurisdictions. Where the subject matter of the referral 
     involves the jurisdiction of more than one subcommittee or 
     does not fall within any previously assigned jurisdiction, 
     the chairman shall refer the matter as he may deem advisable. 
     Bills, resolutions, and other matters referred to 
     subcommittees may be re-referred or discharged by the 
     chairman when, in his judgment, the subcommittee is not able 
     to complete its work or cannot reach agreement therein.
       (c) The chairman and the ranking minority member of the 
     full committee shall be ex officio members of all 
     subcommittees. They are authorized to vote on subcommittee 
     matters; but, unless they are regular members of the 
     subcommittee, they shall not be counted in determining a 
     subcommittee quorum other than a quorum for taking testimony.


                    Rule 7--Subcommittee Scheduling

       (a) Each subcommittee is authorized to meet, hold hearings, 
     receive testimony, mark up legislation, and report to the 
     full committee on any measure or matter referred to it.
       (b) No subcommittee may meet or hold a hearing at the same 
     time as a meeting or hearing of the full committee.
       (c) The chair of each subcommittee shall set hearing and 
     meeting dates only with the approval of the full committee 
     chairman with a view toward assuring the availability of 
     meeting rooms and avoiding simultaneous scheduling of 
     committee meetings or hearings.
       (d) Each subcommittee chair shall notify the chairman of 
     any hearing plans at least two weeks before the date of 
     commencement of the hearings, including the date, place, 
     subject matter, and the names of witnesses, willing and 
     unwilling, who would be called to testify, including, to the 
     extent the chair is advised thereof, witnesses whom the 
     minority members may request.


                             Rule 8--Staff

       (a) Except as otherwise provided by House Rule X, clauses 
     6, 7 and 9, the chairman of the full committee shall have the 
     authority to hire and discharge employees of the professional 
     and clerical staff of the committee.
       (b) Except as otherwise provided by House Rule X, clauses 
     6, 7 and 9, the staff of the committee shall be subject to 
     the direction of the chairman of the full committee and shall 
     perform such duties as he or she may assign.


                            Rule 9--Hearings

       (a) A committee member may question witnesses only when 
     recognized by the chairman for that purpose. In accordance 
     with House Rule XI, clause 2(j)(2), the five-minute rule 
     shall apply during the questioning of witnesses in a hearing. 
     The chairman shall, so far as practicable, recognize 
     alternately based on seniority of those majority and minority 
     members present at the time the hearing was called to order 
     and others based on their arrival at the hearing. After that, 
     additional time may be extended at the direction of the 
     chairman.
       (b) The chairman, with the concurrence of the ranking 
     minority member, or the committee by motion, may permit an 
     equal number of majority and minority members to question a 
     witness for a specified, total period that is equal for each 
     side and not longer than thirty minutes for each side.

[[Page H429]]

       (c) The chairman, with the concurrence of the ranking 
     minority member, or the committee by motion, may permit 
     committee staff of the majority and minority to question a 
     witness for a specified, total period that is equal for each 
     side and not longer than thirty minutes for each side.
       (d) Nothing in paragraph (b) or (c) affects the rights of a 
     member (other than a member designated under paragraph (b)) 
     to question a witness for 5 minutes in accordance with 
     paragraph (a) after the questioning permitted under paragraph 
     (b) or (c). In any extended questioning permitted under 
     paragraph (b) or (c), the chairman shall determine how to 
     allocate the time permitted for extended questioning by 
     majority members or majority committee staff, and the ranking 
     minority member shall determine how to allocate the time 
     permitted for extended questioning by minority members or 
     minority committee staff The chairman or the ranking minority 
     member, as applicable, may allocate the time for any extended 
     questioning permitted to staff under paragraph (c) to 
     members.
       (e) Hearings shall be conducted according to the procedures 
     in House Rule XI, clause 2(k). All questions put to witnesses 
     before the committee shall be relevant to the subject matter 
     before the Committee for consideration, and the chairman 
     shall rule on the relevance of any questions put to the 
     witnesses.
       (f) Witnesses appearing before the committee shall so far 
     as practicable, submit written statements at least 24 hours 
     before their appearance. Witnesses appearing in a non-
     governmental capacity shall include a curriculum vitae and a 
     disclosure of the amount and source (by agency and program) 
     of each federal grant (or subgrant thereof) or contract (or 
     subcontract thereof) received during the current fiscal year 
     or either of the two previous fiscal years, by the witness or 
     by an entity represented by the witness.
       (g) The chairman 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?''.


        Rule 10--Committee Records, Open Meetings, Transparency

       (a) The committee staff shall maintain in the committee 
     offices a complete record of committee actions from the 
     current Congress including a record of the roll call votes 
     taken at committee business meetings. The original records, 
     or true copies thereof, as appropriate, shall be available 
     for public inspection whenever the committee offices are open 
     for public business. The staff shall assure that such 
     original records are preserved with no unauthorized 
     alteration, additions, or defacement.
       (b) A stenographic record of all testimony shall be kept of 
     public hearings and shall be made available on such 
     conditions as the chairman may prescribe.
       (c) Meetings for the transaction of business and hearings 
     of the committee shall be open to the public or closed in 
     accordance with the Rules of the House of Representatives.
       (d) The chairman of the full committee 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. To the greatest extent practicable, 
     the chairman shall ensure that committee records are made 
     available on the committee's official website in 
     appropriate formats.
       (e) The ranking minority member of the full committee 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.


      Rule 11--Audio and Visual Coverage of Committee Proceedings

       (a) An open meeting or hearing of the committee may be 
     covered, in whole or in part, by television broadcast, radio 
     broadcast, internet broadcast, and still photography, unless 
     closed subject to the provisions of House Rules. Any such 
     coverage shall conform to the provisions of House Rule XI, 
     clause 4.
       (b) Use of the Committee Broadcast System shall be fair and 
     nonpartisan, and in accordance with House Rule XI, clause 
     4(b), and all other applicable rules of the House of 
     Representatives and the Committee on Oversight and Government 
     Reform. Members of the committee shall have prompt access to 
     a copy of coverage by the Committee Broadcast System, to the 
     extent that such coverage is maintained.
       (c) Personnel providing coverage of an open meeting or 
     hearing of the committee by internet broadcast, other than 
     through the Committee Broadcast System shall be currently 
     accredited to the Radio and Television Correspondents' 
     Galleries. If the Committee Broadcast System is not 
     available, the chairman may, with the concurrence of the 
     ranking minority member, direct staff to provide coverage in 
     a manner that is fair and nonpartisan and in accordance with 
     House Rule XI, clause 4.


                 Rule 12--Additional Duties of Chairman

       The chairman of the full committee shall:
       (a) Make available to other committees the findings and 
     recommendations resulting from the investigations of the 
     committee as required by House Rule X, clause 4(c)(2);
       (b) Direct such review and studies on the impact or 
     probable impact of tax policies affecting subjects within the 
     committee's jurisdiction as required by House Rule X, clause 
     2(c);
       (c) Submit to the Committee on the Budget views and 
     estimates required by House Rule X, clause 4(f), and to file 
     reports with the House as required by the Congressional 
     Budget Act;
       (d) Authorize and issue subpoenas as provided in House Rule 
     XI, clause 2(m), in the conduct of any investigation or 
     activity or series of investigations or activities within the 
     jurisdiction of the Committee;
       (e) Prepare, after consultation with the ranking minority 
     member, a budget for the Committee;
       (f) Make any necessary technical and conforming changes to 
     legislation reported by the committee upon unanimous consent; 
     and
       (g) Offer motions under clause 1 of Rule XXII of the Rules 
     of the House (motion to request or agree to a conference) 
     whenever the chairman considers it appropriate.


        Rule 13--Consideration of Certain Bills and Resolutions

       (a) The determination of the subject matter of 
     commemorative stamps and new semi-postal issues is properly 
     for consideration by the Postmaster General and the committee 
     will not give consideration to legislative proposals 
     specifying the subject matter of commemorative stamps and new 
     semi-postal issues. It is suggested that recommendations for 
     the subject matter of stamps be submitted to the Postmaster 
     General.
       (b) The consideration of bills designating facilities of 
     the United States Postal Service shall be conducted so as to 
     minimize the time spent on such matters by the committee and 
     the House of Representatives.
       (c) The Chairman shall not request to have scheduled any 
     resolution for consideration under suspension of the Rules, 
     which expresses appreciation, commends, congratulates, 
     celebrates, recognizes the accomplishments of, or celebrates 
     the anniversary of an entity, event, group, individual, 
     institution, team or government program; or acknowledges or 
     recognizes a period of time for such purposes.


                    Rule 14--Panels and Task Forces

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


                     Rule 15--Deposition Authority

       (a) The chairman of the full committee, upon consultation 
     with the ranking minority member of the full committee, may 
     order the taking of depositions, under oath and pursuant to 
     notice or subpoena.
       (b) Notices for the taking of depositions shall specify the 
     date, time, and place of examination (if other than within 
     the committee offices). Depositions shall be taken under oath 
     administered by a member or a person otherwise authorized to 
     administer oaths.
       (c) Consultation with the ranking minority member shall 
     include three business days notice before any deposition is 
     taken. All members shall also receive three business days 
     notice that a deposition has been scheduled.
       (d) Witnesses may be accompanied at a deposition by counsel 
     to advise them of their rights. No one may be present at 
     depositions except members, committee staff designated by the 
     chairman or ranking minority member of the full committee, an 
     official reporter, the witness, and the witness's counsel. 
     Observers or counsel for other persons, or for agencies under 
     investigation, may not attend.
       (e) At least one member of the committee shall be present 
     at each deposition taken by the committee, unless the witness 
     to be deposed agrees in writing to waive this requirement.
       (f) A deposition shall be conducted by any member or staff 
     attorney designated by the chairman or ranking minority 
     member. When depositions are conducted by committee staff 
     attorneys, there shall be no more than two committee staff 
     attorneys permitted to question a witness per round. One of 
     the committee staff attorneys shall be designated by the 
     chairman and the other by the ranking minority member. Other 
     committee staff members designated by the chairman or ranking 
     minority member may attend, but may not pose questions to the 
     witness.
       (g) Questions in the deposition shall be propounded in 
     rounds, alternating between

[[Page H430]]

     the majority and minority. A single round shall not exceed 60 
     minutes per side, unless the members or staff attorneys 
     conducting the deposition agree to a different length of 
     questioning. In each round, a member or committee staff 
     attorney designated by the chairman shall ask questions 
     first, and the member or committee staff attorney designated 
     by the ranking minority member shall ask questions second.
       (h) Any objection made during a deposition must be stated 
     concisely and in a non-argumentative and non-suggestive 
     manner. The witness may refuse to answer a question only to 
     preserve a privilege. When the witness has objected and 
     refused to answer a question to preserve a privilege, the 
     full committee chairman may rule on any such objection after 
     the deposition has adjourned. If the chairman overrules any 
     such objection and thereby orders a witness to answer any 
     question to which a privilege objection was lodged, such 
     ruling shall be filed with the clerk of the committee and 
     shall be provided to the members and the witness no less than 
     three days before the reconvened deposition. If a member of 
     the committee appeals in writing the ruling of the chairman, 
     the appeal shall be preserved for committee consideration. A 
     deponent who refuses to answer a question after being 
     directed to answer by the chairman in writing may be subject 
     to sanction, except that no sanctions may be imposed if the 
     ruling of the chairman is reversed on appeal.
       (i) Committee staff shall ensure that the testimony is 
     either transcribed or electronically recorded or both. If a 
     witness's testimony is transcribed, the witness or the 
     witness's counsel shall be afforded an opportunity to review 
     a copy. No later than five days thereafter, the witness may 
     submit suggested changes to the chairman. Committee staff may 
     make any typographical and technical changes. Substantive 
     changes, modifications, clarifications, or amendments to the 
     deposition transcript submitted by the witness must be 
     accompanied by a letter signed by the witness requesting the 
     changes and a statement of the witness's reasons for each 
     proposed change. Any substantive changes, modifications, 
     clarifications, or amendments shall be included as an 
     appendix to the transcript conditioned upon the witness 
     signing the transcript.
       (j) The individual administering the oath, if other than a 
     member, shall certify on the transcript that the witness was 
     duly sworn. The transcriber shall certify that the transcript 
     is a true record of the testimony, and the transcript shall 
     be filed, together with any electronic recording, with the 
     clerk of the Committee in Washington, DC. Depositions shall 
     be considered to have been taken in Washington, DC, as well 
     as the location actually taken once filed there with the 
     clerk of the Committee for the Committee's use. The chairman 
     and the ranking minority member of the full committee shall 
     be provided with a copy of the transcripts of the deposition 
     at the same time.
       (k) The chairman and ranking minority member of the full 
     committee shall consult regarding the release of depositions. 
     If either objects in writing to a proposed release of a 
     deposition or a portion thereof, the matter shall be promptly 
     referred to the full committee for resolution.
       (l) A witness shall not be required to testify unless the 
     witness has been provided with a copy of the committee's 
     rules.

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