[Congressional Record (Bound Edition), Volume 157 (2011), Part 1]
[Extensions of Remarks]
[Pages 563-565]
[From the U.S. Government Publishing Office, www.gpo.gov]




          RULES OF PROCEDURE OF THE COMMITTEE ON THE JUDICIARY

                                 ______
                                 

                            HON. LAMAR SMITH

                                of texas

                    in the house of representatives

                       Thursday, January 20, 2011

  Mr. SMITH of Texas. Mr. Speaker, I would like to submit the Rules of 
Procedure of the Committee on the Judiciary. They were adopted by the 
Committee on January 19, 2011.

                          Members of Committee


                      one hundred twelfth congress

       Lamar Smith, Texas, Chairman
       F. James Sensenbrenner, Jr., Wisconsin
       Howard Coble, North Carolina
       Elton Gallegly, California
       Bob Goodlatte, Virginia
       Daniel E. Lungren, California
       Steve Chabot, Ohio
       Darrell Issa, California
       Mike Pence, Indiana
       J. Randy Forbes, Virginia
       Steve King, Iowa
       Trent Franks, Arizona
       Louie Gohmert, Texas
       Jim Jordan, Ohio
       Ted Poe, Texas
       Jason Chaffetz, Utah
       Tom Reed, New York
       Tim Griffin, Arkansas
       Tom Marino, Pennsylvania
       Trey Gowdy, South Carolina
       Dennis Ross, Florida
       Sandy Adams, Florida
       Ben Quayle, Arizona
       John Conyers, Jr., Michigan, Ranking Member
       Howard L. Berman, California
       Jerrold Nadler, New York
       Robert C. ``Bobby'' Scott, Virginia
       Melvin L. Watt, North Carolina
       Zoe Lofgren, California
       Sheila Jackson Lee, Texas
       Maxine Waters, California
       Steve Cohen, Tennessee
       Henry C. ``Hank'' Johnson, Jr., Georgia
       Pedro Pierluisi, Puerto Rico
       Mike Quigley, Illinois
       Judy Chu, California
       Ted Deutch, Florida
       Linda T. Sanchez, California
       Debbie Wasserman Schultz, Florida

                           Rules of Procedure


                                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) At least 3 days (excluding Saturdays, Sundays and legal 
     holidays when the House is not in session) before each 
     scheduled Committee or Subcommittee meeting, each Member of 
     the Committee or Subcommittee shall be furnished a list of 
     the bill(s) and subject(s) to be considered and/or acted upon 
     at the meeting. Bills or subjects not listed shall be subject 
     to a point of order unless their consideration is agreed to 
     by a two-thirds vote of the Committee or Subcommittee.
       (d) In an emergency that does not reasonably allow for 3 
     days' notice, the Chairman may waive the 3-day notice 
     requirement with the concurrence of the Ranking Minority 
     Member.
       (e) 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.
       (f) To the maximum extent practicable, amendments to a 
     measure or matter shall be

[[Page 564]]

     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.
       (1) 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.
       (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 Courts, Commercial and Administrative 
     Law shall have jurisdiction over the following subject 
     matters: Administration of U.S. Courts, Federal Rules of 
     Evidence, Civil and Appellate Procedure, judicial ethics, 
     bankruptcy and commercial law, bankruptcy judgeships, 
     administrative law, independent counsel, state taxation 
     affecting interstate commerce, interstate compacts, other 
     appropriate matters as referred by the Chairman, and relevant 
     oversight.
       The Subcommittee on the Constitution 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 Intellectual Property, Competition, and 
     the Internet shall have jurisdiction over the following 
     subject matters: copyright, patent, trademark law, 
     information technology, antitrust matters, other appropriate 
     matters as referred by the Chairman, and relevant oversight.
       The Subcommittee on Crime, Terrorism, and Homeland Security 
     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 Policy and Enforcement 
     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 enforcement, 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

[[Page 565]]

     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.

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