[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 11. Committees]
[From the U.S. Government Publishing Office, www.gpo.gov]


                              HOUSE PRACTICE

              A. Generally; Establishing Committees

  Sec.  1.  The Committee System; Standing, Select, and Joint Committees
  Sec.  2.  Establishing Committees
  Sec.  3.  Committee Expenses; Funding

              B. Chairs, Members, and Staff; Elections and Appointments

  Sec.  4.  In General; Membership and Seniority
  Sec.  5.  Numerical Composition of Committees; Party Ratios
  Sec.  6.  The Chair's Role
  Sec.  7.  Committee Employees and Staff

              C. Committee Functions; Jurisdiction and Authority

  Sec.  8.  Legislative Jurisdiction
  Sec.  9.  Oversight Jurisdiction
  Sec. 10.  Investigative Jurisdiction and Authority
  Sec. 11.  Standing Committees
  Sec. 12.  Select Committees
  Sec. 13.  -- Particular Uses of Select Committees
  Sec. 14.  Joint Committees

              D. Procedure in Committees

  Sec. 15.  Committee Rules; Applicable House Rules
  Sec. 16.  Records, Files, and Transcripts; Disclosure and Disposition; 
  Member Access
  Sec. 17.  Meetings
  Sec. 18.  -- Consideration and Debate; Voting
  Sec. 19.  Hearings
  Sec. 20.  Hearings and Meetings as Open or Closed
  Sec. 21.  Quorum Requirements
  Sec. 22.  -- In Ordering a Report to the House
  Sec. 23.  -- Points of Order Based on Reporting Requirements
  Sec. 24.  Witnesses

[[Page 236]]

  Sec. 25.  -- Rights or Privileges of Witnesses
  Sec. 26.  -- Proceedings Against Recalcitrant Witnesses
  Sec. 27.  Media Coverage of Hearings and Meetings

              E. Committee Reports

  Sec. 28.  In General
  Sec. 29.  Form and Contents of Report
  Sec. 30.  Comparative Prints; The Ramseyer Rule
  Sec. 31.  Printing; Referral to Calendars
  Sec. 32.  Supplemental, Minority, and Additional Views
  Sec. 33.  Filing Reports
  Sec. 34.  Calling Up; Time to Report
  Sec. 35.  Availability (``Layover'') Requirements
  Sec. 36.  Points of Order Relating to Reports
        Research References
          4 Hinds Sec. Sec. 4019-4703
          7 Cannon Sec. Sec. 1721-2170; 8 Cannon Sec. Sec. 2171-2317
          Deschler Ch 17
          Manual Sec. Sec. 714-814, 816, 831-863

                   A. Generally; Establishing Committees


  Sec. 1 . The Committee System; Standing, Select, and Joint Committees

                          The Role of Committees

      The committee system is as old as the House itself, having been 
  patterned after the English House of Commons, the colonial assemblies, 
  and the Continental Congress. Although during its first quarter 
  century the House relied primarily upon select committees and the 
  Committee of the Whole, the first standing committee dates from 1789.
      The committees of the House play a prominent role at every stage 
  of the legislative process. As a general rule, proposed legislative 
  measures are referred to committees before receiving consideration in 
  the House itself. Manual Sec. 446. A committee may report a measure 
  with or without amendments (which may rewrite the measure entirely), 
  report adversely, or fail to

[[Page 237]]

  report the measure at all. For a discussion of discharge procedures, 
  see Discharging Measures From Committees.
      The role of the committee does not terminate with the reporting of 
  the bill to the House. When a bill reaches the floor, members of the 
  committee reporting it are entitled to priority in recognition for the 
  purpose of offering amendments, and general debate is generally under 
  the control of the chair and ranking minority member. See 
  Consideration and Debate and Amendments. Finally, members of the 
  reporting committees are often appointed by the Speaker to serve on 
  the conference committee to resolve differences between competing 
  forms of the bill. See Conferences Between the Houses.

           Standing, Select, and Joint Committees Distinguished

      House committees are of three distinct types: (1) standing 
  committees, whose members are elected by the House, (2) select 
  committees (also called special committees), whose members are 
  appointed by the Speaker, and (3) joint committees, whose members are 
  chosen according to the provisions of the statute or concurrent 
  resolution creating them. Variations of these three categories are 
  discussed in later sections.
      Standing committees (created in the standing rules) receive bills 
  and other measures within their jurisdiction upon referral from the 
  Speaker. See Introduction and Reference of Bills. Select committees 
  are established (usually outside the standing rules) to consider a 
  particular matter or subject and may or may not have legislative 
  jurisdiction. A select committee often expires when it issues its 
  final report on the matter for which it was created. 4 Hinds 
  Sec. Sec. 4403-4405; see Sec. 12, infra. Joint committees take up 
  matters of concern to both Houses. See Sec. 14, infra.

                   Committee of the Whole Distinguished

      The Committee of the Whole has been described as a committee of 
  the House, although it is not a committee in the customary sense. 4 
  Hinds Sec. 4706. The Committee of the Whole, unlike regular 
  committees, does not have a fixed membership. All Members of the House 
  may attend and participate in its deliberations under special rules 
  designed to encourage wide-ranging debate and to expedite legislation. 
  The Committee of the Whole itself has no power to authorize or appoint 
  a committee. 4 Hinds Sec. 4710. Because of its unique role in the 
  procedures of the House, the Committee of the Whole is addressed in a 
  separate chapter of this work. See Committees of the Whole.

[[Page 238]]

                    Conference Committees Distinguished

      Conference committees are used primarily to resolve differences 
  between the House and Senate on measures that have passed the two 
  Houses and also are addressed in a separate chapter. See Conferences 
  Between the Houses.

                               Subcommittees

      Standing committees may establish subcommittees to study 
  legislation, hold hearings, and make reports to the full committee. 
  With certain exceptions, clause 5(d) of rule X precludes a committee 
  from establishing more than five subcommittees. In addition to the 
  exceptions found in the rule itself, the House has occasionally made 
  further exceptions to that stricture. See, e.g., 107-1, H. Res. 5, 
  Jan. 3, 2001, p 26; 108-1, H. Res. 5, Jan. 7, 2003, p 11. Clause 5(d) 
  was adopted in the 104th Congress to replace a requirement that all 
  standing committees having more than 20 members establish at least 
  four subcommittees. Manual Sec. 762; see Sec. 11, infra.
      Subcommittees have no power to report directly to the House, 
  absent specific authority to do so and are subject to the control of 
  the full committee. Manual Sec. 787. Other subunits of committees, 
  such as ``task forces,'' have no formal recognition or authority under 
  the standing rules of the House unless formally established by the 
  House. See, e.g., 102-2, H. Res. 258, Feb. 5, 1992, p 1621.

                                Commissions

      Commissions are analogous to select committees in that they are 
  established to study a particular problem; but a commission is 
  distinguishable from a select committee in that its membership may 
  include private citizens, Members of the House and Senate, and 
  representatives from other branches of government. See, e.g., 94-2, H. 
  Res. 1368, July 1, 1976, p 21795 (creating the Commission on 
  Administrative Review); 6 USC Sec. 101 note (creating the National 
  Commission on Terrorist Attacks Upon the United States).

                          Duration of Committees

      The committees of the House remain in existence only during the 
  two-year term of a Congress which created them. The standing 
  committees of the House are usually reconstituted by a new Congress 
  after the standing rules or resolutions specifically creating new 
  committees are adopted. Deschler Ch 17 Sec. 1.2 (note).
      Select committees expire with the term of the Congress in which 
  they were created or at such earlier date as may be specified in the 
  resolution

[[Page 239]]

  creating them. Deschler Ch 17 Sec. Sec. 1, 5.5. Unless permanently 
  established, a select committee ceases to exist when it finally 
  reports in full on the subject committed to it but may be revived by 
  action of the House in referring a new matter to it. 4 Hinds 
  Sec. Sec. 4403-4405. A select committee that expires in one Congress 
  may be reconstituted in the next. Deschler Ch 17 Sec. 5.5. In one 
  instance, a select committee was reconstituted (and its existence 
  extended through subsequent resolution) solely for the purpose of 
  completing activities directly associated with the declassification 
  and public release of its report. Manual Sec. 1112a.
      Joint committees established by statute remain in existence beyond 
  the Congress in which they were created unless otherwise provided, 
  although the members thereof must be chosen anew in each Congress. 
  Deschler Ch 17 Sec. 1.


  Sec. 2 . Establishing Committees

                            Standing Committees

      Standing committees are ordinarily established with the adoption 
  of the standing rules on opening day for a Congress. They also may be 
  subsequently established by a simple resolution reported from the 
  Committee on Rules, usually by way of amendment to the House rules. 
  Deschler Ch 17 Sec. Sec. 2.1, 2.3. For a discussion of adoption of 
  rules of a new Congress, see Assembly of Congress.
      A resolution reported by the Committee on Rules during a Congress 
  establishing a new committee, changing the name or authority of a 
  committee, or abolishing a committee and transferring its jurisdiction 
  and records to another committee is called up as privileged and is 
  debatable under the hour rule in the House. Deschler Ch 17 
  Sec. Sec. 2.1, 2.4, 2.6.

                             Select Committees

      Select committees are normally established by a resolution 
  reported from the Committee on Rules. Deschler Ch 17 Sec. Sec. 5.3, 
  5.5. However, in one instance, a select committee was created pursuant 
  to a floor amendment (offered to the Committee Reform Amendments of 
  1974). 93-2, H. Res. 988, Oct. 8, 1974, p 34470. In another instance, 
  a select committee was created as a separate order included in a 
  resolution adopting the standing rules of the House. 108-1, H. Res. 5, 
  Jan. 7, 2003, p 11. The House also has adopted a privileged resolution 
  reported from the Committee on Rules establishing a new select 
  subcommittee of a standing committee. 104-2, H. Res. 416, May 8, 1996, 
  p 10484. A select subcommittee of a standing committee has also been 
  created by an unreported resolution considered under a separate

[[Page 240]]

  order included in a resolution adopting the standing rules of the 
  House. 110-1, H. Res. 35, Jan. 9, 2007, p 567. For a list of current 
  select committees, see Manual Sec. Sec. 1112a, 1112b.
      A resolution creating a select committee may specify the 
  jurisdiction and powers of the select committee and may place it under 
  the authority of a standing committee. Deschler Ch 17 Sec. Sec. 5.2, 
  5.3; Sec. 12, infra.
      A resolution creating a select committee is reported and called up 
  as privileged, because the Committee on Rules may report at any time 
  on rules, and the creation of such a committee is the equivalent of a 
  new rule. Manual Sec. 853; Deschler Ch 17 Sec. 5.1. If such a 
  resolution is not reported by the Committee on Rules, it is not 
  privileged, and unanimous consent or a special order of business 
  reported by the Committee on Rules is necessary to permit its 
  consideration. 95-1, Jan. 4, 1977, p 72. The Committee on Rules itself 
  may not report such a resolution as privileged if it contains 
  provisions outside the jurisdiction of the committee. Deschler Ch 17 
  Sec. 1.1 (note). However, if such a resolution is referred to another 
  committee for consideration of a provision that also is privileged, 
  both committees may report the resolution as privileged. See, e.g., 
  102-1, H. Res. 258, Nov. 19, 1991, p 32903 (resolution contained a 
  provision funding the select committee from the ``applicable accounts 
  of the House'').

                         Special Ad Hoc Committees

      Under the earlier practice of the House, special committees to 
  consider a particular matter could be established by way of a motion 
  or other proposition to refer. 4 Hinds Sec. Sec. 4401, 4402; 5 Hinds 
  Sec. Sec. 6633, 6634. Thus, the House could refer a message of the 
  President to a special committee to be appointed by the Speaker. At 
  the same time the House could instruct the committee and specify the 
  number of members to be appointed. 5 Hinds Sec. 6633. It was held in 
  this regard that the House need not refer to a special committee 
  already in existence but could refer to one to be subsequently 
  appointed. 5 Hinds Sec. 6634. An ad hoc select committee may be 
  established by a resolution called up as a question of the privileges 
  of the House. 102-2, H. Res. 431, Apr. 9, 1992, p 9029 (resolution 
  laid on the table); 110-1, H. Res. 611, Aug. 3, 2007, p 22769.
      Special ad hoc committees may be established pursuant to clause 
  2(c) of rule XII. Under this rule, the Speaker has authority to refer 
  a matter to a special ad hoc committee appointed by the Speaker to 
  consider that matter and report thereon to the House. The appointment 
  must be made with the approval of the House and include members of the 
  committees having legislative jurisdiction. Pursuant to this 
  authority, the Speaker may, with the approval of the House, appoint a 
  special ad hoc committee to consider a par

[[Page 241]]

  ticular measure, or a particular bill and similar subsequent bills. A 
  resolution authorizing the Speaker to take such action is privileged 
  when offered from the floor at the Speaker's request. Manual 
  Sec. 816b.

                             Joint Committees

      Joint committees are created by law or by concurrent resolution. 
  Manual Sec. Sec. 1108-1112; Deschler Ch 17 Sec. 7; see Sec. 14, infra. 
  A joint committee may be created and vested with jurisdiction as one 
  part of a comprehensive bill or as the sole purpose of a joint 
  resolution. 6 Cannon Sec. 371; Deschler Ch 17 Sec. Sec. 7.4, 7.5. A 
  joint committee created by concurrent resolution must expire (unless 
  reconstituted) with the Congress in which it was created. 4 Hinds 
  Sec. 4409.
      A concurrent resolution establishing a joint committee, if 
  reported by the Committee on Rules, is called up as privileged by that 
  committee. Deschler Ch 17 Sec. 7.1. However, such a resolution may not 
  be reported as privileged if it contains an authorization for 
  appropriations. Deschler Ch 17 Sec. 7.5. Debate on the resolution is 
  under the hour rule. Deschler Ch 17 Sec. 7.1.

                                Commissions

      Commissions are ordinarily created by statute. See, e.g., the 
  Abraham Lincoln Bicentennial Commission (36 USC Sec. 101 (note)). They 
  may also be created by House resolution. See, e.g., the Commission on 
  Administrative Review, 94-2, H. Res. 1368, July 1, 1976, p 21795; the 
  House Democracy Partnership, 109-1, H. Res. 135, Mar. 14, 2005, p 4527 
  (re-established in succeeding Congresses); and the Tom Lantos Human 
  Rights Commission, 110-2, H. Res. 1451, Sept. 24, 2008, p __ (re-
  established in succeeding Congresses).


  Sec. 3 . Committee Expenses; Funding

      Authorization for the payment of committee expenses for a 
  particular Congress is obtained pursuant to ``one primary expense 
  resolution'' for each committee (the Committee on Appropriations 
  excepted). Clause 6 of rule X. The request for such authorization is 
  made to the Committee on House Administration, which has jurisdiction 
  over such expenditures. Clause 1(k) of rule X. In recent years, the 
  Committee on House Administration has combined the individual 
  committee funding resolutions into a single resolution to expedite 
  consideration in the House. See, e.g., 112-1, H. Res. 147, Mar. 17, 
  2011, p __.
      Authorization for the payment of additional committee expenses not 
  covered by the primary expense resolution may be obtained pursuant to 
  one or more ``supplemental expense resolutions.'' Clause 6(b) of rule 
  X.

[[Page 242]]

      The primary and supplemental expense resolutions, are subject to a 
  one-calendar-day layover requirement. A supplemental expense 
  resolution that is not reported by the Committee on House 
  Administration may be considered by unanimous consent (subject to the 
  Speaker's guidelines for recognition of unanimous-consent requests). 
  107-2, H. Res. 359, Mar. 7, 2002, p 2738.
      Funds for the Committee on Appropriations are appropriated by the 
  annual appropriation bill for the legislative branch.


         B. Chairs, Members, and Staff; Elections and Appointments


  Sec. 4 . In General; Membership and Seniority

               Standing and Select Committees Distinguished

      Until 1911, the members and the chairs of the standing and select 
  committees of the House were generally appointed by the Speaker, 
  although in rare instances a committee chose its own chair. See 4 
  Hinds Sec. 4524. Since 1911, standing committee chairs and members 
  have been elected by the House as part of a three-step procedure. 
  First, with certain exceptions, a selection committee--sometimes 
  called a committee on committees or a steering committee--of each 
  party caucus recommends candidates for committee assignments. Second, 
  the party caucus approves the recommendations of the selection 
  committee. Third, the House approves the recommendations of the 
  caucuses, which are brought before the House as privileged 
  resolutions. Clause 5(a)(1) of rule X; Manual Sec. Sec. 317, 757; 4 
  Hinds Sec. 4513; 8 Cannon Sec. 2201. The rules of the Democratic 
  Caucus and the Republican Conference may prescribe different 
  nomination procedures for certain committees. Furthermore, the Speaker 
  has retained the authority, under clause 11 of rule I, to appoint 
  Members to select committees. Manual Sec. 637.

                              Electing Chair

      Pursuant to nominations submitted by the majority party caucus, 
  one member of each standing committee is elected as its chair at the 
  commencement of each Congress. Manual Sec. 761. A Member's service as 
  chair of the same committee (with the exception of the Committee on 
  Rules) is limited to three consecutive Congresses. Clause 5(c)(2) of 
  rule X. Nominations for chairs are submitted to the House for its 
  approval in the election resolution. Deschler Ch 17 Sec. 8.1. Such a 
  resolution is normally called up as privileged by the chair of the 
  majority party caucus, often as part of a resolution electing all 
  majority members to those committees. Deschler Ch 17 Sec. 8.7 (note). 
  For an example of a resolution electing only committee chairs, and one

[[Page 243]]

  electing only ranking minority members, see 111-1, H. Res. 8 and H. 
  Res. 12, Jan. 6, 2009, p __, p __.
      In the event of a permanent vacancy in the elected chair, the 
  House elects a successor pursuant to a privileged resolution. Manual 
  Sec. 761. This procedure is followed when a vacancy is created on a 
  standing committee by the death of its chair or after a chair has 
  resigned. Deschler Ch 17 Sec. Sec. 8.3, 8.5, 8.6. In the absence of 
  the chair, the member next in rank as named in the resolution electing 
  the committee acts as chair. Manual Sec. 761.
      Where the chair is unable to carry out the responsibilities of the 
  position, the House may, in the election resolution, provide for a 
  delegation of powers and duties to an acting chair until further 
  ordered by the House. Manual Sec. 761. Similarly, the resolution 
  electing minority members to a committee may devolve the role of 
  ranking minority member to the next-senior minority member of a 
  standing committee (where the ranking minority member remained absent 
  due to physical infirmity). 105-2, H. Res. 369, Feb. 25, 1998, p 1967.

                            Election of Members

      Resolutions electing Members to standing committees have 
  traditionally been offered from the floor and called up as privileged 
  at the direction of the party organization. 8 Cannon Sec. Sec. 2171, 
  2179, 2182. Each party's resolution, if adopted, elects en bloc those 
  Members from that particular party to the various standing committees. 
  Deschler Ch 17 Sec. 9.1. Such a resolution is not divisible under 
  clause 5(b)(1) of rule XVI. Manual Sec. 919. However, it is debatable 
  and subject to amendment until such time as the previous question is 
  ordered. 8 Cannon Sec. Sec. 2172, 2174.
      Under clause 5(b)(1) of rule X, service on a standing committee is 
  contingent upon continuing membership in the nominating party caucus. 
  Such service automatically ceases upon termination of caucus 
  membership. Manual Sec. 760.
      No Member may serve simultaneously as a member of more than two 
  standing committees or four subcommittees unless approved by the House 
  on recommendation of the caucus. Clause 5(b)(2) of rule X. A Member 
  may be removed from a committee by privileged resolution. See, e.g., 
  109-2, H. Res. 872, June 16, 2006, p 11618.

                                 Seniority

      Committee seniority is shown by the order in which the Members' 
  names are listed in the election resolution. Deschler Ch 17 Sec. 11.1. 
  A resolution electing a Member to a committee may include the 
  designation of rank on the committee (Deschler Ch 17 Sec. 9.6) and may 
  be made effective retro

[[Page 244]]

  actively (Deschler Ch 17 Sec. 9.16). A resolution may also alter the 
  rank among sitting committee members. See, e.g., 107-1, H. Res. 85, 
  Mar. 8, 2001, p 3295.


  Sec. 5 . Numerical Composition of Committees; Party Ratios

                              Committee Size

      Clause 5(a)(3) of rule X limits the size of only one standing 
  committee of the House, the Committee on Ethics, which is set at five 
  majority and five minority members. Manual Sec. 759. The sizes of 
  other committees of the House are negotiated by the Majority and 
  Minority Leaders at the direction of their respective party 
  organizations. Deschler Ch 17 Sec. 9. The size of each committee is 
  ultimately determined by the number of Members elected to each 
  committee pursuant to clause 5(a) of rule X. Manual Sec. 757.

                               Party Ratios

      The allocation of majority party and minority party representation 
  on committees is normally determined through negotiations between the 
  majority and minority leadership. Historically, the party ratios on 
  most standing committees have tended to reflect the relative 
  membership of the two parties in the House as a whole. Deschler Ch 17 
  Sec. 9.4. Sometimes, however, the membership of a committee is equally 
  divided between the majority and minority parties where bipartisan 
  deliberations are considered essential. See, e.g., clause 5(a)(3) of 
  rule X, requiring the members of the Committee on Ethics to be five 
  from the majority party and five from the minority party.
      Disproportionate party ratios on committees may also be traced to 
  the rules of the party caucus. Deschler Ch 3 Sec. 9. Moreover, some 
  House committees, such as the Committee on Rules and the Committee on 
  House Administration, have traditionally reflected disproportionate 
  ratios in favor of the majority party. See, e.g., 8 Cannon Sec. 2184.


  Sec. 6 . The Chair's Role

      The powers and duties of the full committee chairs are derived 
  from custom and from the rules of the House. The chair of a committee:

     Presides over committee meetings. Manual Sec. 317.
     Schedules meetings and hearings subject to rule XI.
     Administers oaths to witnesses in hearings in the committee or 
         delegates that authority. Manual Sec. 805; 2 USC Sec. 191. In 
         one instance, the chair of an investigating committee 
         administered the oath to himself and testified. 3 Hinds 
         Sec. 1821.
     May punish breaches of order and decorum by censure and 
         exclusion from hearings. Manual Sec. 803.

[[Page 245]]

     Authorizes and issues subpoenas when the power to do so has 
         been delegated by the committee. Manual Sec. 805.
     Fixes, within certain guidelines, the salaries of staff. 
         Manual Sec. 777.
     Submits committee reports to the House, even if not concurring 
         therein. Clause 2(b)(1) of rule XIII; 4 Hinds Sec. Sec. 4670, 
         4671. However, a committee may order its report to be made by 
         some other member or even by a member of the minority party. 4 
         Hinds Sec. Sec. 4669, 4672, 4673.
     Submits privileged reports to the House from the floor. Manual 
         Sec. 418.
     Manages bills of the committee in the House under the 
         responsibility to take steps necessary to bring the measure or 
         matter to a vote. Such managerial status entitles the chair at 
         all stages to prior recognition for allowable motions intended 
         to expedite it. Manual Sec. 834; 2 Hinds Sec. Sec. 1452, 1457; 
         6 Cannon Sec. Sec. 296, 300.
     Receives priority in recognition when Senate amendments to the 
         bill are debated. 2 Hinds Sec. 1452.


  Sec. 7 . Committee Employees and Staff

      The employment of committee staff is governed by clause 9 of rule 
  X (Manual Sec. Sec. 771-781) and by statute (see, e.g., 5 USC 
  Sec. Sec. 5315, 5316, setting permissible rates of staff pay).
      The House rules place a limit on the number of professional staff 
  members which may be appointed to a standing committee (the Committee 
  on Appropriations excepted) and on the number of professional staff 
  members which may be selected by the minority. Manual Sec. Sec. 771-
  774. The Committee on Appropriations is subject to a separate rule 
  permitting the appointment, in addition to a clerk and assistants for 
  the minority, of such staff as are determined by majority vote to be 
  necessary. Clause 9(d) of rule X.


            C. Committee Functions; Jurisdiction and Authority


  Sec. 8 . Legislative Jurisdiction

                   Generally; Referrals and Rereferrals

      The legislative jurisdiction of each standing committee is 
  specified and defined by rule X. Manual Sec. Sec. 714-41. Areas of 
  legislative interest have been divided under rule X into distinct 
  subject matter classifications, with jurisdiction over each being 
  allocated to a standing or select committee. The Speaker refers bills 
  and other matters to committees pursuant to the jurisdiction of each 
  committee as defined by rule X, taking into account any relevant 
  precedents. Under clause 2 of rule XII, the Speaker is required to 
  refer a measure to more than one committee where it involves subject 
  matter assigned to different committees. Manual Sec. 816. Under clause 
  2(c)(1) of rule

[[Page 246]]

  XII, the Speaker is required to indicate a primary committee of 
  jurisdiction (except where it is determined that extraordinary 
  circumstances justify review by more than one committee as though 
  primary). Additional committees of initial referral are listed after 
  the primary committee. The Speaker imposes time limits on the 
  additional committees once the primary committee reports. Clause 2(c) 
  of rule XII; Manual Sec. 816. Under clause 2 of rule XII, the Speaker 
  also may refer a measure sequentially to a committee upon reporting by 
  the committees of initial referral. The Speaker imposes time limits on 
  sequential referrals. For a discussion of referrals generally, see 
  Bills and Resolutions.
      Rule X requires the Speaker to refer public measures in accordance 
  with its terms and gives some discretion to Members in referring 
  private bills. Manual Sec. Sec. 714, 818. However, the House itself 
  may refer bills to any committee without regard to the rules of 
  jurisdiction, and jurisdiction is thereby conferred. 4 Hinds 
  Sec. Sec. 4362-4364, 4375; 5 Hinds Sec. 5527; 7 Cannon Sec. Sec. 2105, 
  2131.
      The committees, because they are created by the House, exercise no 
  authority or jurisdiction beyond that specifically conferred by the 
  rules or by special authorization of the House itself. 7 Cannon 
  Sec. 780. However, the House may confer jurisdiction on a committee by 
  the adoption of a special order of business from the Committee on 
  Rules. 7 Cannon Sec. 780. A bill may be originated by a committee 
  which has been given jurisdiction to do so by order or rule of the 
  House. 4 Hinds Sec. 3365. Jurisdictional authority, in addition to 
  that specified in rule X, may be vested in a committee pursuant to:

     A resolution enlarging the jurisdiction of a committee or 
         authorizing it to study and report on a particular matter. 3 
         Hinds Sec. 1753.
     A change in the rules of the House by adoption of a resolution 
         from the Committee on Rules. 91-2, July 8, 1970, p 32136.
     A motion to rerefer or recommit.

      The erroneous reference of a public bill, if it remains 
  uncorrected, gives the committee authority to report that measure. 4 
  Hinds Sec. Sec. 4365-4371; 7 Cannon Sec. 2108. However, such is not 
  the case with respect to a private bill unless the reference is made 
  by action of the House itself. 4 Hinds Sec. Sec. 3364, 4382-4391; 7 
  Cannon Sec. 2131.

                            Informal Agreements

      Questions relating to the jurisdiction over a subject by two or 
  more committees are sometimes resolved pursuant to an informal 
  agreement or memorandum of understanding between the committees 
  involved. See, e.g., 96-2, Mar. 25, 1980, pp 6405, 6406, 6408-10 
  (memorandum of under

[[Page 247]]

  standing among six different committees on energy measures); 104-1, 
  Jan. 4, 1995 (memorandum of understanding between two committees 
  concerning the budget process); 104-1, Jan. 30, 1995, p 2888 
  (memorandum of understanding between two committees concerning 
  jurisdiction over the merchant marine resulting from the dissolution 
  of the Committee on Merchant Marine and Fisheries); 110-1, Jan. 4, 
  2007, p 16 (memorandum of understanding between two committees 
  concerning jurisdiction over departments, agencies, and programs 
  relating to homeland security). Although these memoranda may explain 
  understandings, they may not alter explicit jurisdictional statements 
  in the rules. Committee reports often contain an exchange of letters 
  between committee chairs waiving a committee's claim to review a 
  particular bill, with the understanding that this surrender of 
  jurisdiction over the matter is not permanent. See, e.g., 106-2, H. 
  Rept. 106-616.

                   Points of Order; Erroneous Referrals

      The Speaker's referral of a bill is not subject to a point of 
  order. Manual Sec. 825; 4 Hinds Sec. 4372; Deschler Ch 17 
  Sec. Sec. 26, 27.9. Under clause 7(a) of rule XII, a motion to correct 
  an erroneous reference is privileged if authorized either by the 
  committee to which the bill had been erroneously referred or by the 
  committee claiming jurisdiction. The motion is not debatable. Under 
  the modern practice, however, erroneous referrals are corrected by 
  unanimous consent. The Speaker may also sequentially refer a measure 
  (upon reporting by the committee of initial referral) to a committee 
  that was erroneously excluded from the initial referral.
      The Speaker's standard phrasing for multiple referral of measures 
  is as follows: ``in each case for consideration of such provisions as 
  fall within the jurisdiction of the committee concerned.'' As a 
  result, a committee may not mark up portions of a bill that fall 
  entirely outside the jurisdiction of the committee (though they may 
  mark up portions with shared jurisdiction). In a committee of 
  referral, a point of order lies against an amendment that falls 
  entirely outside the jurisdiction of the committee.


  Sec. 9 . Oversight Jurisdiction

                                 Generally

      The oversight function of the House arises from its duty to 
  exercise continuous vigilance over the administration and execution of 
  the laws by the departments and agencies of the Federal government. 
  Legislative oversight as a continuing function was given to all 
  standing committees by the Legislative Reorganization Act of 1946, 
  which provided that each standing committee ``shall exercise 
  continuous watchfulness'' over administrative

[[Page 248]]

  agencies, and by the Legislative Reorganization Act of 1970, which 
  required periodic reports by committees on their oversight activities. 
  Clause 2 of rule X requires the standing committees to exercise 
  general oversight. Manual Sec. Sec. 742, 743. In the 111th Congress, 
  clauses 2(n), (o), and (p) were added to rule XI, requiring committees 
  to hold hearings on ``waste, fraud, abuse, or mismanagement in 
  Government programs,''and related financial statement disclaimers by 
  agency auditors or Comptroller General reports.

                General and Special Oversight Distinguished

      The House rules impose both general and special oversight 
  responsibilities on standing committees. General legislative oversight 
  is performed by all standing committees, although special oversight 
  functions, under clause 3 of rule X, are given to certain standing 
  committees. Manual Sec. Sec. 742, 744. Additional budget and other 
  oversight-related functions are delineated in clause 4 of rule X. 
  Manual Sec. Sec. 745-756.


  Sec. 10 . Investigative Jurisdiction and Authority

                            Standing Committees

      Under clause 1(b) of rule XI, each standing committee is 
  authorized to conduct such investigations as it considers necessary or 
  appropriate in carrying out the jurisdictional responsibilities given 
  to it under rule X. Manual Sec. 788. To carry out its duties, each 
  committee and each subcommittee is authorized by clause 2(m) of rule 
  XI to hold hearings and to subpoena witnesses or compel the production 
  of documents. Manual Sec. 805. As to the issuance and enforcement of 
  subpoenas, see Sec. 24, infra.

                        Select or Joint Committees

      Lacking general investigative authority, a select or joint 
  committee must be given specific authority to undertake an 
  investigation. Such authority may be given pursuant to:

     A statute conferring investigative powers. See, e.g., 26 USC 
         Sec. 8022 (conferring investigative duties on the Joint 
         Committee on Internal Revenue Taxation).
     A concurrent resolution. See, e.g., 102-2, H. Con. Res. 192, 
         Aug. 6, 1992, p 21961 (establishing the Joint Committee on the 
         Organization of Congress).
     A standing rule of the House. See, e.g., clause 11 of rule X 
         (establishing the Permanent Select Committee on Intelligence).

[[Page 249]]

     A simple resolution. See, e.g., 105-2, H. Res. 463, June 18, 
         1998, pp 12876-80, (establishing the Select Committee on U.S. 
         National Security and Military/Commercial Concerns with China); 
         110-1, H. Res. 202, Mar. 8, 2007, p 5797 (establishing the 
         Select Committee on Energy Independence and Global Warming).

                            Scope; Limitations

      The investigative power that is exercised by the House through its 
  committees is inherent in the power to make laws. Watkins v. United 
  States, 354 U.S. 178 (1957). In so ruling, courts have reasoned, ``A 
  legislative body cannot legislate wisely or effectively in the absence 
  of information respecting the conditions which the legislation is 
  intended to affect or change.'' McGrain v. Daugherty, 273 U.S. 135 
  (1927); Eastland v. United States Servicemen's Fund, 421 U.S. 491 
  (1975).
      This investigative power encompasses inquiries concerning the 
  administration of existing laws and the need for proposed legislation. 
  It extends to studies of social, economic, or political problems, and 
  probes departmental corruption, inefficiency, or waste at the Federal 
  level. Watkins, 354 U.S. 178. Although broad, this power of 
  investigation is not unlimited. It may be exercised only in aid of the 
  ``legislative function.'' Kilbourn v. Thompson, 103 U.S. 168 (1881). 
  It is said that Congress has no general power to inquire into private 
  affairs and that the subject of inquiry must be one ``on which 
  legislation could be had.'' McGrain, 273 U.S. 135.
      Since 1952, the courts have declined to presume the existence of a 
  legislative purpose and have narrowly construed resolutions granting 
  authority to committees to conduct investigations. United States v. 
  Rumely, 345 U.S. 41 (1952). The investigative power cannot be used to 
  expose merely for the sake of exposure or to inquire into matters 
  which are within the exclusive province of one of the other branches 
  of government or which are reserved to the States. Deschler Ch 15 
  Sec. 1.
      A further requirement for the validity of a committee 
  investigation is that it must have been expressly or implicitly 
  authorized in accordance with congressional procedures. Deschler Ch 15 
  Sec. 1. Thus, the courts have refused to convict a witness for 
  contempt arising out of a subcommittee investigation where that 
  investigation had not been approved by a majority of the parent 
  committee, as was required by the committee rule. Gojack v. United 
  States, 384 U.S. 702 (1966).
      The courts will not look to the motives which may have prompted a 
  congressional investigation. Watkins, 354 U.S. 178. The courts also 
  will not question the wisdom of the investigation or its methodology. 
  Doe v. McMillan, 412 U.S. 306 (1973). The very nature of the 
  investigative function is

[[Page 250]]

  such that it may take the searchers up some ``blind alleys'' and into 
  nonproductive enterprises. The validity of a legislative inquiry is 
  not contingent on a predictable end result. Eastland, 421 U.S. 491.

                    Obstructing Committee Investigation

      A Federal statute provides criminal penalties for those who 
  corruptly influence, obstruct, or impede ``due and proper'' 
  congressional inquiry. 18 USC Sec. 1505. Indictments under Sec. 1505 
  have been upheld despite contentions that the committee violated its 
  own rules and those of the House. United States v. Poindexter, 725 F. 
  Supp. 13 (D.D.C. 1989); United States v. Mitchell, 877 F.2d 204 (4th 
  Cir. 1989).


  Sec. 11 . Standing Committees

      Standing committees were not used extensively during the earliest 
  Congresses. It was the general practice of the House to refer matters 
  to a Committee of the Whole to develop the primary objectives of a 
  proposal, and then to commit such matters to select committees to 
  draft specific bills.
      At the start of the 19th century, standing committees began to 
  proliferate. By mid-century the House had 34 standing committees, and 
  by 1900 it had 58. Subsequent additions raised the number of standing 
  committees to 61 by 1905. However, in the 1920's the House 
  consolidated numerous committees and again vested in the Committee on 
  Appropriations jurisdiction over all general appropriation bills. 7 
  Cannon Sec. 1741. Further reductions in the number of committees in 
  the House were made by the Legislative Reorganization Act of 1946 (60 
  Stat. 812). By dropping relatively inactive committees and by merging 
  those with similar functions and jurisdiction, the Act reduced the 
  total number of standing committees in the House from 44 to 19. 
  Between 1946 and 1995, this number fluctuated only slightly with minor 
  additions and consolidation.
      In 1995 the House again reorganized its committee system, 
  reestablishing the number at 19 by abolishing three committees and 
  altering the jurisdiction of several others. 104-1, H. Res. 6, Jan. 4, 
  1995, p 462. Under clause 5(d) of rule X, a standing committee may 
  have no more than five subcommittees. However, clause 5(d) excepts 
  from that stricture (1) a committee that maintains a subcommittee on 
  oversight, which may have six subcommittees; (2) the Committee on 
  Appropriations, which may have 13 subcommittees; and (3) the Committee 
  on Oversight and Government Reform, which may have seven 
  subcommittees. Manual Sec. 762. The House has occasionally excepted 
  other committees from that stricture. See, e.g., 107-1, H. Res. 5, 
  Jan. 3, 2001, p 26; 108-1, H. Res. 5, Jan. 7, 2003, p 11.

[[Page 251]]

      In the 109th Congress, the House established a Committee on 
  Homeland Security as a standing committee, replacing a prior select 
  committee. Corresponding changes were made to the jurisdictions of the 
  Committees on the Judiciary, Transportation and Infrastructure, and 
  Ways and Means. The Speaker announced that referrals to the prior 
  select committee would not constitute precedent for referrals to the 
  standing committee. 109-1, Jan. 4, 2005, p 71.
      The standing committees of the House, with their antecedent 
  committees, are shown in the following table. This table provides 
  citations to relevant statutes or precedents and to the authority for 
  legislative jurisdiction and/or oversight functions, where applicable.
        

                    Standing Committees (112th Cong.)
            Jurisdiction, Oversight Function, and Antecedents
------------------------------------------------------------------------
Standing Committees (112th Cong.)          Antecedent Committees
------------------------------------------------------------------------
Agriculture
  Established 1820; 4 Hinds Sec.
   4149
  Legislative jurisdiction,
   Manual Sec.  715
  Oversight functions, Manual
   Sec. Sec.  742, 755, 756
 
Appropriations
  Established 1865; 4 Hinds Sec.   Ways and Means (in part), 1802
   4032
  Legislative jurisdiction,
   Manual Sec.  716
  Oversight and additional
   functions, Manual Sec. Sec.
   744-747, 755, 756
 
Armed Services
  Established 1947; 60 Stat. 812   Military Affairs, 1822
  Legislative jurisdiction,        Naval Affairs, 1822
   Manual Sec.  718                Militia, 1835
  Oversight and additional         Atomic Energy (Joint Committee), 1946
   functions, Manual Sec. Sec.
   742-744, 755, 756
  Formerly known as ``National
   Security'' 1995, Manual Sec.
   718
 
Budget
  Established 1974; 88 Stat. 299
  Legislative jurisdiction,
   Manual Sec.  719
  Oversight functions, Manual
   Sec. Sec.  742-744, 748, 756
 

[[Page 252]]

 
Education and the Workforce
  Established 1947; 60 Stat. 812   Education, 1867
  Legislative jurisdiction,        Labor, 1883
   Manual Sec.  720
  Oversight functions, Manual
   Sec. Sec.  742-744, 755, 756
  Formerly known as ``Education
   and Labor'' 1947, ``Economic
   and Educational
   Opportunities'' 1995,
   ``Education and the
   Workforce'' 1997, ``Education
   and Labor'' 2007, Manual Sec.
   720
 
Energy and Commerce
  Established 1795; 4 Hinds Sec.   Commerce and Manufacturers, 1795
   4096
  Legislative jurisdiction,        Coinage, Weights and Measures, 1867
   Manual Sec.  721
  Oversight functions, Manual      Atomic Energy (Joint Committee), 1946
   Sec. Sec.  742-744, 755, 756
  Formerly known as ``Interstate
   and Foreign Commerce'' 1892,
   ``Commerce and Health'' 1975,
   ``Interstate and Foreign
   Commerce'' 1975, ``Energy and
   Commerce'' 1980, ``Commerce''
   1995, Manual Sec.  721
 
Ethics
  Established 1967; 90-2, H. Res.  Standards and Conduct (Select
   418                              Committee), 1966
  Legislative jurisdiction,        Ethics (Select Committee), 1977
   Manual Sec. Sec.  721b, 721c
  Oversight functions, Manual
   Sec.  742
  Formerly known as ``Standards
   of Official Conduct'' 1967,
   Manual Sec.  721b
 
Financial Services
  Established 1865; 4 Hinds Sec.
   4082
  Legislative jurisdiction,
   Manual Sec.  722
  Oversight and additional
   functions, Manual Sec. Sec.
   742, 743, 755, 756

[[Page 253]]

 
  Formerly known as ``Banking and  .....................................
   Currency'' 1865, ``Coinage,
   Weights and Measures'' 1867,
   ``Banking, Currency and
   Housing'' 1974, ``Banking,
   Finance and Urban Affairs''
   1977, ``Banking and Financial
   Services'' 1995, Manual Sec.
   722
 
Foreign Affairs
  Established 1822; 4 Hinds Sec.   Atomic Energy (Joint Committee), 1946
   4162
  Legislative jurisdiction,
   Manual Sec.  723
  Oversight functions, Manual
   Sec. Sec.  742-744, 755, 756
  Formerly known as ``Foreign
   Affairs'' 1822,
   ``International Relations''
   1975, ``Foreign Affairs''
   1979, ``International
   Relations'' 1995, Manual Sec.
   723
 
Homeland Security
  Established 2005                 Homeland Security (Select Committee),
  Legislative jurisdiction,         2002
   Manual Sec. Sec.  723a, 723b    Homeland Security (Select Committee),
  Oversight and additional          2003
   functions, Manual Sec. Sec.
   742-744, 755, 756
 
House Administration
  Established 1947; 60 Stat. 812   Enrolled Bills, 1789
  Legislative jurisdiction,        Elections, 1794, 1895
   Manual Sec. Sec.  724-728       Accounts, 1805
  Oversight and additional         Mileage, 1837
   functions, Manual Sec. Sec.     Printing, 1846
   742, 743, 750-756               Disposition of Executive Papers, 1889
  Formerly known as ``House        Ventilation and Acoustics, 1893
   Oversight'' 1995, Manual Sec.   Memorials, 1929
   724
 
Judiciary
  Established 1813; 4 Hinds Sec.   Claims, 1794
   4054
  Continued, 1947, 60 Stat. 812    Patents, 1837

[[Page 254]]

 
  Legislative jurisdiction,        Revision of the Laws, 1868
   Manual Sec. Sec.  729, 730      War Claims, 1883
  Oversight functions, Manual      Immigration and Naturalization, 1893
   Sec. Sec.  742, 743, 755, 756   Internal Security, 1969
 
 Natural Resources
  Established 1805; 4 Hinds Sec.   Private Land Claims, 1816
   4194
  Legislative jurisdiction,        Indian Affairs, 1821
   Manual Sec.  731
  Oversight functions, Manual      Territories, 1825
   Sec. Sec.  742-744, 755, 756    Mines and Mining, 1865
  Formerly known as ``Public       Merchant Marine and Fisheries (in
   Lands'' 1805, ``Insular          part), 1887
   Affairs'' 1899, ``Interior and  Irrigation of Arid Lands, 1893
   Insular Affairs'' 1951,         Atomic Energy (Joint Committee), 1946
   ``Natural Resources'' 1993,
   ``Resources'' 1995, Manual
   Sec.  731
 
Oversight and Government Reform
  Established 1927; 7 Cannon Sec.  District of Columbia, 1808
    2041
  Legislative jurisdiction,        Public Expenditures, 1814
   Manual Sec.  732
  Oversight and additional         State, Treasury, War, Navy, and Post
   functions, Manual Sec. Sec.      Office, 1816
   742-744, 749, 755, 756
  Formerly known as                Justice, 1874
   ``Expenditures in the           Agriculture, 1889
   Executive Departments'' 1927,   Commerce and Labor, 1905
   ``Government Operations''       Post Office and Civil Service, 1947
   1952, ``Government Reform and
   Oversight'' 1995, ``Government
   Reform'' 1999, Manual Sec.
   732
 
Rules
  Established 1880; 4 Hinds Sec.   Rules (Select Committee), 1789
   4321
  Mandated by law, 1947, 60 Stat.
   812
  Legislative jurisdiction,
   Manual Sec. Sec.  733, 734
  Oversight functions, Manual
   Sec. Sec.  742-744, 756
 

[[Page 255]]

 
Science, Space, and Technology
  Established 1958; 85-2, H. Res.  Merchant Marine and Fisheries (in
   496                              part), 1887
  Legislative jurisdiction,        Atomic Energy (Joint Committee), 1946
   Manual Sec.  735                Astronautics and Space Exploration
  Oversight functions, Manual       (Select Committee), 1958
   Sec. Sec.  742-744, 755, 756
  Formerly known as ``Science and
   Astronautics'' 1958, ``Science
   and Technology'' 1975,
   ``Science, Space, and
   Technology'' 1987, ``Science''
   1995, ``Science and
   Technology'' 2007, Manual Sec.
    735
 
Small Business
  Established 1975; 93-2, H. Res.  Small Business (Select Committee),
   988                              1941
  Legislative jurisdiction,
   Manual Sec.  736
  Oversight functions, Manual      Small Business (Permanent Select
   Sec. Sec.  742-744, 755, 756     Committee), 1971
 
Transportation and Infrastructure
  Established 1947; 60 Stat. 812   Public Buildings and Grounds, 1837
  Legislative jurisdiction,        Mississippi Levies, 1875
   Manual Sec.  739
  Oversight functions, Manual      Rivers and Harbors, 1883
   Sec. Sec.  742, 743, 755, 756   Merchant Marine and Fisheries (in
  Formerly known as ``Public        part), 1887
   Works and Transportation''      Roads, 1913
   1975, Manual Sec.  739          Flood Control, 1916
 
Veterans' Affairs
  Established 1947; 60 Stat. 812   Pensions and Revolutionary Claims,
  Legislative jurisdiction,          1813
   Manual Sec.  740
  Oversight functions, Manual      Revolutionary Pensions, 1825
   Sec. Sec.  742, 743, 755, 756   Invalid Pensions, 1831
                                   World War Veterans' Legislation, 1924
 
Ways and Means
  Established 1802; 4 Hinds Sec.   Ways and Means (Select Committee),
   4020                             1789
  Legislative jurisdiction,
   Manual Sec.  741
  Oversight functions, Manual
   Sec. Sec.  742, 743, 755, 756
------------------------------------------------------------------------


[[Page 256]]

  Sec. 12 . Select Committees

      Select (or special) committees were used extensively by the House 
  during the early Congresses. In the Jeffersonian era, it was common 
  practice to refer each proposal to a select committee created to draft 
  the appropriate legislative language for the measure. Manual Sec. 401. 
  By the Third Congress, 350 select committees had been named. However, 
  as standing committees came to be recognized as the most appropriate 
  forum for the development of legislation, the use of select committees 
  declined steadily. By the 23d Congress, the number of select 
  committees had been reduced to 35. By the 106th Congress, only the 
  Permanent Select Committee on Intelligence remained. Clause 11 of rule 
  X; Manual Sec. 1112a. A select committee identified as permanent is 
  reconstituted in each Congress upon adoption of the rules of the 
  House. Select committees have been established with oversight 
  jurisdiction only (for example, the Select Committee on Energy 
  Independence and Global Warming. Manual Sec. 1112c).
      In the modern era, select committees are created primarily to 
  investigate conditions or events. As pointed out elsewhere, all 
  committee investigations must be undertaken in furtherance of a 
  constitutionally assigned function of Congress. Deschler Ch 15 Sec. 1; 
  see Sec. 10, supra.
      Select committees have also been created to study and report on 
  matters with a view toward legislative action. Most select committees 
  of this type lacked authority to report legislation. Instead, they 
  were directed to assess the adequacy of existing laws and, if 
  necessary, to make legislative recommendations. However, several 
  select committees have been empowered to report legislation directly 
  to the House. Deschler Ch 17 Sec. 6. For example, the Select Committee 
  on Homeland Security was required to report to the House its 
  recommendations on a bill establishing a Department of Homeland 
  Security. In making its recommendation, the select committee was 
  required to take into consideration recommendations by each committee 
  to which such bill was initially referred. 107-2, H. Res. 449, June 
  19, 2002, p 10722. In the 108th Congress, the House established a 
  successor to the Select Committee on Homeland Security, granting it 
  jurisdiction over matters relating to the Homeland Security Act of 
  2002 (the law enacted on the recommendation of the predecessor select 
  committee). In the 109th Congress, the Committee on Homeland Security 
  became a standing committee of the House. For further discussion on 
  the establishment of select committees, see Guidelines for the 
  Establishment of Select Committees, Committee on Rules, 98-1, 
  February, 1983.
      Finally, select committees have been created to supervise certain 
  routine housekeeping functions; for example, the Select Committee on 
  the House

[[Page 257]]

  Beauty Shop (95-1, H. Res. 1000), the Select Committee on the House 
  Recording Studio (Pub. L. 84-624), the Select Committee on the House 
  Restaurant (95-1, H. Res. 472), and the Select Committee to Regulate 
  Parking on the House Side of the Capitol (95-1, H. Res. 282).


  Sec. 13 . -- Particular Uses of Select Committees

      The House has established more than 20 select committees since 
  passage of the Legislative Reorganization Act of 1946. The table below 
  identifies some of these committees for purposes of illustration. The 
  table shows these committees by name (or paraphrase thereof), dates of 
  creation and termination, and authority, including legislative 
  authority. With the two exceptions noted--Campaign Expenditures and 
  Small Business--the table excludes those committees existing before 
  1947 which were subsequently reconstituted.
        

                            Select Committees
------------------------------------------------------------------------
                       Jurisdiction--Investigative          Reporting
    Committee                   Authority                   Authority
------------------------------------------------------------------------
Aging
  Established      Problems of the older American;      To report
   Jan. 3, 1975;    income maintenance, housing, and     annually to the
   93-2, H. Res.    health; welfare programs             House; no
   988                                                   legislative
  Terminated Jan.                                        authority
   5, 1993,
   Manual Sec.
   784
 
Astronautics and
 Space
 Exploration
  Established      All aspects and problems relating    To report to the
   Mar. 25, 1958;   to the exploration of outer space;   House, by bill
   85-2, H. Res.    resources, personnel, equipment,     or otherwise
   496              and facilities; legislation
  Terminated July
   21, 1958;
   became
   standing
   Committee on
   Science and
   Astronautics
 
Assassinations
  Established      Circumstances surrounding the death  To report to the
   Sept. 17,        of John F. Kennedy and the death     House on the
   1976; 94-2, H.   of Martin Luther King, Jr.           result of its
   Res. 1540                                             investigation
  Terminated Jan.                                        (see H. Rept.
   3, 1979                                               95-1828); no
                                                         legislative
                                                         authority
 

[[Page 258]]

 
Campaign
 Expenditures
  Established May  Election disputes; electoral fraud;  Reporting
   29, 1928; 70-    excessive campaign expenditures of   authority
   1, H. Res. 232   Presidential or congressional        varied from
  Reestablished     candidates                           Congress to
   by each                                               Congress
   Congress
   through 92-2
 
Chemicals,
 Pesticides, and
 Insecticides
 Affecting Foods
  Established      Chemicals, compounds, and            To report to the
   June 20, 1950;   synthetics in the production of      House on its
   81-2, H. Res.    food products; health factors; the   investigation
   323              agricultural economy; toxic          with
  Terminated Jan.   residues; effect on soil and         recommendations
   3, 1953          vegetation                           for legislation
                                                         (see H. Rept.
                                                         82-2182); no
                                                         legislative
                                                         authority
 
Children, Youth
 and Families
  Established      Income maintenance; health;          To report to the
   Sept. 29,        nutrition; education; welfare;       House on the
   1982, 97-2, H.   employment                           results of its
   Res. 421                                              investigations;
  Reestablished                                          no legislative
   by each                                               authority
   Congress
   through 102-2.
 
 
Committees
  Established      Rules X and XI of the rules of the   To report to the
   Jan. 31, 1973;   House; committee structure; number   House by bill,
   93-1, H. Res.    and size of committees;              resolution, or
   132              jurisdiction; committee procedure;   otherwise (see
  Terminated Dec.   meetings, staffing, and facilities   H. Rept. 96-
   20, 1974;                                             866)
   reestablished
   1979; 96-1, H.
   Res. 118;
   records
   transferred to
   Committee on
   Rules, Apr. 1,
   1980
 

[[Page 259]]

 
Communist
 Aggression
  Established      Seizure of Latvia and Estonia by     To report to the
   July 27, 1953;   the U.S.S.R.; treatment of the       House on its
   83-1, H. Res.    Baltic peoples during this period    study together
   346                                                   with
  Terminated Dec.                                        recommendations
   31, 1954                                              (see H. Rept.
                                                         83-2650); no
                                                         legislative
                                                         authority
 
Congressional
 Operations
  Established      Organization and operation of the    To report
   Mar. 28, 1977;   U.S. Congress; cooperation between   recommendations
   95-1, H. Res.    the Houses; relationship with        on subjects
   420              other branches of government         specified (see
  Terminated Jan.                                        H. Rept. 95-
   3, 1979                                               1843); no
                                                         legislative
                                                         authority
 
Congressional
 Pages
  Established      General welfare and education of     To report on the
   Sept. 30,        congressional pages                  results of its
   1964; 88-2, H.                                        investigations
   Res. 847                                              (see H. Rept.
  Terminated Jan.                                        88-1945); to
   4, 1965                                               make
                                                         recommendations
 
Covert Arms
 Transactions
 with Iran
  Established      Investigation of the ``Iran-Contra   To report on the
   Jan. 7, 1984;    affair''; met jointly with Senate    results of its
   100-1, H. Res.   Select Committee                     investigations
   12                                                    (see H. Rept.
  Terminated Nov.                                        100-433)
   13, 1987
 
Crime
  Established May  All aspects of crime in the United   To report on its
   1, 1969; 91-1,   States; its elements, causes, and    investigation
   H. Res. 17       extent; reciprocity of               with
  Terminated June   information; urban crime             recommendations
   30, 1973                                              (see H. Rept.
                                                         93-358); no
                                                         legislative
                                                         authority
 

[[Page 260]]

 
Energy
  Established      Message of the President dated Apr.  To report to the
   Apr. 21, 1977;   20, 1977, and other communications   House by bill
   95-1, H. Res.    relating thereto; bills or           or otherwise
   508              resolutions sequentially referred    (see H. Rept.
  Terminated Jan.   thereto                              95-543)
   3, 1979;
   jurisdiction
   transferred to
   Energy and
   Commerce, 97th
   Cong.
 
Energy
 Independence and
 Global Warming
  Established      To investigate reducing U.S.         To report on
   Mar. 8, 2007;    dependence on foreign sources of     policies,
   110-1, H. Res.   energy and reducing activities       strategies, and
   202              that contribute to climate change    new
  Terminated Jan.   and global warming.                  technologies
   3, 2011                                               related to its
                                                         investigations
 
Ethics -
 Standards and
 Conduct of
 Members
  Established      Rules or regulations necessary or    To make
   Oct. 19, 1966;   desirable to ensure proper           recommendations
   89-2, H. Res.    standards of conduct by Members      to the House by
   1013             and by officers or employees of      report or
  Terminated Dec.   the House; reporting of statutory    resolution
   27, 1966;        violations
   standing
   Committee on
   Standards of
   Official
   Conduct (now
   Ethics)
   created Apr.
   13, 1967
 
Ethics
  Established      Certain bills and resolutions        To report to the
   Mar. 9, 1977;    relating to ethical standards of     House on the
   95-1, H. Res.    Members contained in standing        measure
   383              rules; regulations relating          specified (see
  Terminated Jan.   thereto; advisory opinions           H. Rept. 95-
   3, 1979                                               1837); to
                                                         report
                                                         regulations; to
                                                         recommend
                                                         legislation
 

[[Page 261]]

 
Ethics
  Established      Continue investigation of a Member   To resolve the
   Jan. 7, 1997;    by the Committee on Standards of     inquiry and
   105-1, H. Res.   Official Conduct (now Ethics),       report to the
   5                begun in the prior Congress          House (see H.
  Terminated Jan.                                        Rept. 105-1; H.
   21, 1997                                              Res. 31)
 
Export Controls
  Established      The Export Control Act of 1949;      To report on its
   Sept. 7, 1961;   assessment of accomplishments        investigation
   87-1, H. Res.    under that Act; improvements in      together with
   403              administration and enforcement;      any
  Terminated May    congressional oversight              recommendations
   31, 1962                                              (see H. Rept.
                                                         87-1753); no
                                                         legislative
                                                         authority
 
Foreign Aid
  Established      Basic needs of foreign nations and   To report to the
   July 22, 1947;   peoples; relief in terms of food     House as deemed
   80-1, H. Res.    and clothing; resources and          appropriate; no
   296              facilities; agencies                 legislative
  Terminated May                                         authority
   3, 1948
 
Government
 Research
  Established      Research programs of Federal         To report its
   Sept. 11,        agencies; expenditures for           findings to the
   1963; 88-1, H.   research programs; costs of          House with
   Res. 504         government research                  recommended
  Terminated Jan.                                        legislation
   3, 1965                                               (see H. Rept.
                                                         88-1143)
 
Homeland Security
  Established      Develop recommendations on such      To report its
   June 19, 2002;   matters that relate to the           recommendation
   107-2, H. Res.   establishment of a department of     to the House on
   449              homeland security as may be          a bill
  Terminated        referred to it by the Speaker and    establishing a
   after final      on recommendations submitted to it   department of
   disposition of   by standing committees to which      homeland
   specified bill   the Speaker referred a bill          security (see
   (Nov. 25,        establishing such department         H. Rept. 107-
   2002)                                                 609)
 

[[Page 262]]

 
Homeland Security
  Established      Develop recommendations on such      To report its
   Jan. 7, 2003;    matters that relate to the           recommendations
   108-1, H. Res.   Homeland Security Act of 2002 as     to the House by
   5                may be referred to it by the         bill or
  Terminated Jan.   Speaker; to conduct oversight of     otherwise on
   3, 2005          laws, programs, and Government       matters
                    activities relating to homeland      referred to it
                    security; to conduct a study of      by the Speaker;
                    the operation and implementation     to report its
                    of the rules of the House,           recommendations
                    including rule X, with respect to    on changes to
                    homeland security                    House rules to
                                                         the Committee
                                                         on Rules
 
Hunger
  Established      International programs; world food   To conduct
   Feb. 22, 1984;   security; malnutrition; food         studies and
   98-2, H. Res.    production and distribution;         make
   15               agribusiness role                    recommendations
  Reestablished                                          about possible
   each Congress                                         legislation
   through 102-2;
   Reestablishmen
   t rejected
   Feb. 4, 1993;
   103-1, H. Res.
   18
 
Hurricane Katrina
  Established      The local, State, and Federal        To conduct an
   Sept. 15,        preparation for, and response to,    investigation
   2005; 109-1,     Hurricane Katrina                    and report its
   H. Res. 437                                           findings to the
  Terminated Mar.                                        House by Feb.
   16, 2006                                              15, 2006
 
Intelligence
  Established      Proposals concerning the             To report to the
   Feb. 19, 1975;   intelligence and intelligence-       House on the
   94-1, H. Res.    related programs and activities of   nature and
   138              the U.S. Government; oversight;      extent of
  Terminated Feb.   proposed legislation and other       intelligence
   11, 1976;        matters relating to the CIA          activities of
   became                                                U.S.
   permanent                                             departments and
   select                                                agencies by
   committee,                                            legislation or
   July 14, 1977,                                        otherwise (see
   H. Res. 658                                           H. Rept. 94-
   (clause 11 of                                         833)
   rule X; Manual
   Sec.  785)
 

[[Page 263]]

 
Katyn Forest
 Massacre
  Established      The massacre of thousands of Polish  To report to the
   Sept. 18,        officers in the Katyn Forest in      House on
   1951; 82-1, H.   territory then under the control     completion of
   Res. 390         of the U.S.S.R.                      its hearings
  Terminated Dec.                                        (see H. Rept.
   22, 1952                                              82-2505); no
                                                         legislative
                                                         authority
 
Lobbying
 Activities
  Established      Lobbying activities intended to      To submit
   Aug. 12, 1949;   influence legislation; activities    reports on the
   81-1, H. Res.    of Federal agencies intended to      results of its
   298              influence legislation                study (see H.
  Terminated end                                         Rept. 81-3239);
   of the 81st                                           no legislative
   Cong.                                                 authority
 
Narcotics Abuse
 and Control
  Established      International traffic in narcotics;  To report to the
   July 29, 1976;   prevention; enforcement; organized   House on its
   94-2, H. Res.    crime; drug abuse; treatment;        investigations;
   1350             rehabilitation                       no legislative
  Reestablished                                          authority
   each Congress
   through 102-2
 
Newsprint
  Established      Need for adequate supplies of        To submit
   Feb. 26, 1947;   newsprint and related products;      reports with
   80-1, H. Res.    production possibilities and         recommendations
   58               prospects                            (see H. Rept.
  Terminated Dec.                                        80-2471); no
   31, 1948                                              legislative
                                                         authority
 
Offensive and
 Undesirable
 Literature
  Established May  The extent to which books,           To report to the
   12, 1952; 82-    magazines, and comic books contain   House with
   2, H. Res. 596   immoral, obscene, or otherwise       recommendations
  Terminated Dec.   offensive matter; availability       , including
   31, 1952         through the U.S. mails; adequacy     recommendations
                    of existing laws                     for legislation
                                                         (see H. Rept.
                                                         82-2510); no
                                                         legislative
                                                         authority
 

[[Page 264]]

 
Outer Continental
 Shelf
  Established      A bill relating to the management    To report the
   Apr. 12, 1975;   of oil and natural gas in the        bill and other
   94-1, H. Res.    Outer Continental Shelf; marine      legislation
   412              and coastal environments; certain    referred to it;
  Terminated Jan.   related matters on this subject on   transmit its
   3, 1979;         referral to it by the Speaker        findings and
   succeeded by                                          make a full
   another select                                        report to the
   committee on                                          House (see H.
   the same                                              Rept. 96-1214)
   subject (96-1,
   H. Res. 53),
   which
   terminated
   July 31, 1980
 
Population
  Established      Causes of changing population        To report on the
   Sept. 28,        conditions; population               results of its
   1977; 95-1, H.   characteristics relative to          investigation
   Res. 70          limited resources; population        (see H. Rept.
  Terminated end    planning; global population-         95-1842); no
   of the 95th      related issues                       legislative
   Cong.                                                 authority
 
Professional
 Sports
  Established May  Need for legislation with respect    To report to the
   18, 1976; 94-    to professional sports               House on the
   2, H. Res.                                            results of its
   1186                                                  inquiry (see H.
  Terminated Jan.                                        Rept. 94-1786);
   3, 1977                                               no legislative
                                                         authority
 
Right of Member
 To Be Sworn In
  Established      The right of Adam Clayton Powell     To report to the
   Jan. 10, 1967;   (N.Y.) to be sworn in in the 90th    House within
   90-1, H. Res.    Congress and to a seat therein       five weeks (see
   1                                                     H. Rept. 90-
  Terminated Feb.                                        27); no
   23, 1967                                              legislative
                                                         authority
 

[[Page 265]]

 
Small Business
  Established      Assistance to small business; small  Reported to the
   Dec. 4, 1941;    business protection; financial       House on
   77-1, H. Res.    aid; small business participation    results of its
   294              in Federal procurement               investigations;
  Reestablished                                          no legislative
   each Congress                                         authority
   until 1970;                                           before becoming
   became a                                              a standing
   standing                                              committee
   committee
   1975; 94-1, H.
   Res. 988;
   clause 1 of
   rule X; Manual
   Sec.  736
 
Survivors'
 Benefits
  Established      Benefits provided under Federal law  To prepare such
   Aug. 4, 1954;    for dependents of deceased members   legislation; to
   83-2, H. Res.    and former members of the armed      report on the
   549              forces                               results of its
  Terminated Jan.                                        investigation
   15, 1956                                              (see H. Rept.
                                                         83-9282)
 
Tax-exempt
 Foundations and
 Organizations
  Established      Educational and philanthropic        To report to the
   Apr. 4, 1952;    foundations and related              House on the
   82-2, H. Res.    organizations exempt from Federal    results of its
   561              income taxation; use of              investigation
  Terminated Dec.   foundations                          (see H. Rept.
   16, 1954                                              82-2681); no
                                                         legislative
                                                         authority
 
Transactions on
 Commodity
 Exchanges
  Established      Purchases and sales of commodities;  To report to the
   Dec. 18, 1947;   commodities for future delivery;     House on
   80-1, H. Res.    activities of Federal agencies and   completion of
   404              individuals therein as affecting     its
  Terminated Dec.   the price of commodities             investigation
   31, 1948                                              (see H. Rept.
                                                         80-2472); no
                                                         legislative
                                                         authority
 
U.S. Military
 Involvement in
 Southeast Asia
  Established      All aspects of U.S. military         To report on its
   June 8, 1970;    involvement in Southeast Asia        investigation
   91-2, H. Res.                                         (see H. Rept.
   976                                                   91-1276); no
  Terminated July                                        legislative
   6, 1970                                               authority
 

[[Page 266]]

 
U.S. National
 Security and
 Military/
 Commercial
 Concerns with
 China
  Established      Investigate technology transfers to  To report on its
   June 18, 1998;   China; successor select committee    investigation
   105-2, H. Res.   assigned to produce unclassified     (see H. Rept.
   463;             version of report filed by           105-851)
   reestablished    predecessor committee                (declassified,
   Jan. 6, 1999,                                         in part,
   106-1, H. Res.                                        pursuant to H.
   5; extended                                           Res. 5 (106-
   Mar. 24, Apr.                                         1)); no
   29, May 13,                                           legislative
   1999, 106-1,                                          authority
   H. Res. 129,
   H. Res. 153,
   H. Res. 170
   (respectively)
  Terminated May
   31, 1999
 
U.S. Servicemen
 Missing in
 Action in
 Southeast Asia
  Established      U.S. servicemen identified as        To report to the
   Sept. 11,        missing in action; recovery of       House on its
   1975; 94-1, H.   bodies of known dead;                investigation
   Res. 335         international inspection teams       (see H. Rept.
  Terminated Mar.                                        94-1764); no
   13, 1977                                              legislative
                                                         authority
 
Voting
 Irregularities
 of Aug. 2, 2007
  Established      The circumstances surrounding a      To conduct an
   Aug. 3, 2007;    vote on Aug. 2, 2007                 investigation
   110-1, H. Res.                                        and produce an
   611                                                   interim report
  Terminated Jan.                                        by Sept. 30,
   3, 2009                                               2007, and a
                                                         final report by
                                                         Sept. 15, 2008
 
White County
 Bridge
 Commission
  Established May  Financial position of the White      To report to the
   25, 1955; 84-    County Bridge Commission; monies     House with
   1, H. Res. 244   received and expenditures made;      recommendations
  Terminated Apr.   anticipated toll-free use            (see H. Rept.
   25, 1956                                              84-2052); no
                                                         legislative
                                                         authority
 

[[Page 267]]

 
World War II
 Veterans
  Established      Abuses in education, training and    To report on the
   Aug. 28, 1950;   loan guarantee programs of World     results of its
   81-2, H. Res.    War II veterans                      investigation
   474                                                   (see H. Rept.
  Terminated Feb.                                        2501); no
   2, 1951                                               legislative
                                                         authority
------------------------------------------------------------------------

  Sec. 14 . Joint Committees

                                 Generally

      Joint committees are composed of Members from both Houses. 
  Jefferson noted that joint committees were used by the two Houses of 
  the English Parliament. Manual Sec. 325. Since the First Congress, a 
  joint committee has been used to make arrangements for the 
  inauguration of the President and Vice President. Manual Sec. 1112; 3 
  Hinds Sec. 1986. The early congresses formed joint standing committees 
  on the Library and Printing, which exist to this day. Manual 
  Sec. Sec. 1110, 1111; 4 Hinds Sec. Sec. 4337, 4347. For a current list 
  of joint committees, see Manual Sec. Sec. 1108-1112.
      Joint committees, or committees of the House and Senate acting 
  jointly, have been used to investigate problems relating to 
  immigration (4 Hinds Sec. 4415), to resolve a dispute relating to the 
  electoral count (3 Hinds Sec. 1953), and to investigate the revision 
  and codification of the laws (4 Hinds Sec. 4410).

                    Jurisdiction, Functions, and Duties

      Joint committees are used for study and investigation, supervision 
  and oversight, and sometimes for purely ceremonial activities. Joint 
  committees generally function in areas beyond the jurisdiction of any 
  particular committee of either House. Deschler Ch 17 Sec. 7. Joint 
  committees may report to both Houses if so directed (4 Hinds 
  Sec. Sec. 4421, 4422), or to either House (4 Hinds Sec. 4432; 7 Cannon 
  Sec. 2167).
      A joint committee created by concurrent resolution may be 
  instructed by the two Houses acting concurrently or, if so authorized, 
  by either House acting independently. 4 Hinds Sec. 4421. However, a 
  joint committee created by statute is not susceptible to control by 
  one House; and its duties may not be enlarged or diminished by either 
  House acting independently. 7 Cannon Sec. 2164. A joint committee 
  created by concurrent resolution must be reestablished by a subsequent 
  Congress.

[[Page 268]]

                            Composition; Voting

      Recent joint committees have featured an equal number of Members 
  from both Houses, with the chair alternating between the House and 
  Senate, and with each member having one vote. Deschler Ch 17 Sec. 7.
      The table below shows the major joint committees that were 
  established during the post-1946 era, their composition, and their 
  jurisdiction and functions:
        

                            Joint Committees
------------------------------------------------------------------------
            Committees                   Jurisdiction and Functions
------------------------------------------------------------------------
Atomic Energy                      Development, use, and control of
  Established 1946; 42 USC Sec.     atomic energy; to report legislation
 2251                               and make recommendations within its
  House members: 9                  jurisdiction; legislative
  Senate members: 9                 jurisdiction abolished 1977; 95-1,
  Terminated Jan. 4, 1977           H. Res. 5
 
Congressional Operations           Identification of court proceedings
  Established 1970; 2 USC Sec.      affecting Congress; organization and
 Sec.  411-417                      operation of the Congress;
  House members: 5                  supervision of the Office of
  Senate members: 5                 Placement and Management; no
  Inactive since 94th Cong.;        legislative jurisdiction
 Select Committee on
 Congressional Operations
 created, 95-1, H. Res. 420
 
Defense Production                 Review of programs established by the
  Established 1950; 50 USC App      Defense Production Act of 1950;
 Sec.  2161                         Federal emergency preparedness and
  House members: 5                  mobilization policy; integrity of
  Senate members: 5                 defense contracts and the
  Terminated Mar. 1, 1992; no       procurement process; to report to
 appointments after Sept. 30,       the House and Senate on its studies,
 1978                               with recommendations
 
Deficit Reduction                  Report recommendations to Congress to
  Established 2011; Pub. L. 112-    reduce the deficit by at least $1.5
 25                                 trillion over the period of fiscal
  House members: 6                  years 2012 to 2021
  Senate members: 6
  Terminated Jan. 31, 2012
 

[[Page 269]]

 
Economic                           Economic Report by the President;
  Established 1946; 15 USC Sec.     means of promoting national policy
 1021                               on employment; short-term and medium-
  House members: 10                 term economic goals; to report to
  Senate members: 10                the House and Senate (by March 1)
  (Manual Sec.  1108)               and to each Budget Committee (by
                                    March 15)
 
Housing                            Housing needs in U.S.; building
  Established 1947; H. Con. Res.    material shortages; building costs;
 104                                building codes and zoning laws;
  House members: 7                  housing loans and insurance;
  Senate members: 7                 veterans' preferences; findings to
  Terminated 80th Cong.             be reported to the House and Senate
 
Inaugural Ceremonies               The necessary arrangements for the
  Established 1789; reestablished   inauguration of the President-elect
 every other Congress by            and the Vice President-elect
 concurrent resolution
  House members: 3
  Senate members: 3
 
Internal Revenue Taxation          Operation and effects of Federal
  Established 1926; 26 USC Sec.     system of internal revenue taxation;
 8002                               to report to the Committee on Ways
  House members: 5                  and Means, and, in its discretion,
  Senate members: 5                 directly to the House
  (Manual Sec.  1109)
 
Library                            Management and expansion of the
  Established 1806; 2 USC Sec.      Library of Congress; rules and
 132b                               regulations for the government of
  House members: 5                  the Library; development of Botanic
  Senate members: 5                 Garden; gifts for the benefit of the
  (Manual Sec.  1110)               Library; statues and other works of
                                    art in the Capitol
 
Organization of Congress           Organization and operation of
  Two separate joint committees     Congress; relationship between the
  Established 1965; S. Con. Res.    two Houses and between the Congress
 2                                  and other branches of government;
  Established 1992; H. Con. Res.    committees; to report to the House
 192; (Reestablished Pub. L. 102-   and Senate
 392)
  House members: 12
  Senate members: 12
  Terminated Dec. 31, 1967
  Terminated Dec. 31, 1993
 

[[Page 270]]

 
Printing                           Inefficiencies or waste in the
  Established 1846; 44 USC Sec.     printing, binding, and distribution
 901                                of government publications;
  House members: 5                  arrangement and style of the
  Senate members: 5                 Congressional Record; printing of
  (Manual Sec.  1111)               the legislative program for each
                                    day; listing of committee meetings
                                    and hearings
 
Washington Metropolitan Problems   Growth and expansion of the District
  Established 1957; H. Con. Res.    of Columbia and its metropolitan
 172                                area; effectiveness of agencies and
  House members: 3                  instrumentalities concerned
  Senate members: 3                 therewith; to report to the House
  Terminated 86th Cong.             and Senate
------------------------------------------------------------------------

                        D. Procedure in Committees


  Sec. 15 . Committee Rules; Applicable House Rules

                                 Generally

      House committees are required to follow the procedures prescribed 
  by the rules of the House ``so far as applicable.'' Clause 1(a) of 
  rule XI; Manual Sec. 787. They are also bound by those provisions of 
  Jefferson's Manual that are consistent with the rules of the House. 
  Manual Sec. Sec. 792, 1105. Finally, they are bound by their written 
  rules which are adopted by each standing committee under clause 2(a) 
  of rule XI. Manual Sec. 791. Committee rules must be published in the 
  Congressional Record and made publicly available in electronic form 
  within 30 days after the chair of the committee is elected and are 
  compiled by the Committee on Rules each Congress as a committee print. 
  Manual Sec. 791. If a committee meets pursuant to a rule which has not 
  been published, the proceedings may be held insufficient to support a 
  perjury conviction for alleged false testimony given to that 
  committee. United States v. Reinecke, 524 F.2d 435 (D.C. Cir. 1975).
      Clause 1(a)(2) of rule XI states that each subcommittee of a 
  committee is a part of that committee and subject to its authority, 
  direction, and rules. However, clause 2 of rule XI grants certain 
  authorities specifically to subcommittees, such as authorizing and 
  issuing subpoenas. See, e.g., clause 2(m) of rule XI.

[[Page 271]]

                              Points of Order

      A point of order does not ordinarily lie in the House against 
  consideration of a bill by reason of defective committee procedures 
  occurring before the time the bill is ordered reported to the House. 
  Manual Sec. 792. Thus, a point of order that a measure was ordered 
  reported in violation of a committee rule requiring advance notice of 
  the committee meeting will not lie in the House--the interpretation of 
  committee rules being within the cognizance of the committee and not 
  the House. Manual Sec. 791.
      On the other hand, if a committee procedure directly violates a 
  rule of the House, or if a rule specifically permits, a point of order 
  may be raised in the House, which may result in the recommittal of the 
  bill. Manual Sec. Sec. 792, 799. For example, a point of order against 
  a measure on the ground that the hearings on such measure were not 
  properly conducted as required by the rules may be raised in the House 
  by a committee member if the point of order was timely made and 
  improperly overruled or not properly considered in committee. Clause 
  2(g)(6) of rule XI.
      A deficiency in a committee report may be the subject of a point 
  of order in the House. Manual Sec. Sec. 837-849. A committee report 
  that erroneously reflects the information required under clause 3 of 
  rule XIII--for example, that committee reports reflect the total 
  number of votes cast for and against any public measure or matter and 
  any amendment thereto and the names of those voting for and against--
  may be subject to a point of order. Manual Sec. 839. This error may be 
  corrected by a supplemental report that need not be separately 
  available for three days. Manual Sec. 838.


  Sec. 16 . Records, Files, and Transcripts; Disclosure and Disposition; 
            Member Access

                         Generally; Voting Records

      Each committee must keep a complete record of all committee 
  action. Manual Sec. 794. A meeting or hearing transcript (if made) 
  must include, under clause 2(e)(1) of rule XI, a substantially 
  verbatim account of remarks actually made. All committee records and 
  files must be kept separate from the office records of the member 
  serving as chair. Manual Sec. 796. The text of any amendment adopted 
  in committee must be made publicly available in electronic form no 
  later than 24 hours after adoption. Manual Sec. 796.
      The record of committee action must include the votes on any 
  question on which a roll call vote is demanded, and the result of each 
  such vote must be made available by the committee for inspection by 
  the public and made publicly available in electronic form. Manual 
  Sec. 795. In addition, committee

[[Page 272]]

  reports must include all record votes on motions to report and on any 
  amendments. Manual Sec. 839.

                   Members' Right of Access; Disclosure

      Under clause 2(e) of rule XI, the records and files of a committee 
  are considered the property of the House and accessible to all Members 
  of the House. However, clause 2(e) of rule XI includes an exception to 
  that rule for certain records of the Committee on Ethics and clauses 
  11(c) and 11(g) of rule X include exceptions for the Permanent Select 
  Committee on Intelligence. On one occasion the House restricted access 
  to executive session material of a committee, notwithstanding clause 
  2(e) of rule XI, to members of the committee and to such employees of 
  the committee as were designated by the chair after consultation with 
  the ranking minority member. 105-2, H. Res. 525, Sept. 11, 1998, pp 
  20020, 20021.
      Clause 2(e) does not entitle a Member to bring committee materials 
  into the well of the House and does not necessarily apply to records 
  within the possession of the executive branch that members of the 
  committee have been allowed to examine under limited conditions at the 
  discretion of the agency. 96-2, July 31, 1980, p 20765. Furthermore, 
  committees may prescribe regulations to govern the manner of access, 
  such as limiting examination of files to committee rooms or 
  prohibiting the making of photocopies. Manual Sec. 796; 85-1, Aug. 14, 
  1957, p 14737.

             Use of Information Obtained in Executive Session

      Testimony or evidence taken in an executive session of a committee 
  is under the control of and subject to the regulation of the committee 
  and, under clause 2(k) of rule XI, cannot be released or made public 
  without the consent of the committee. Thus, although a Member's right 
  of access under clause 2(e) of rule XI may allow examination of 
  executive session materials in committee rooms, it does not permit 
  copying or taking of personal notes from such materials, keeping such 
  notes in personal office files, or releasing such materials to the 
  public without the consent of the committee or subcommittee. Manual 
  Sec. 796. Evidence or testimony taken in executive session of a 
  committee may later be made public by vote of the committee. Deschler 
  Ch 17 Sec. 22.2. A committee may take such action even with respect to 
  evidence or testimony taken in executive session under clause 2(k)(5) 
  of rule XI that tends to degrade, defame, or incriminate. Deschler Ch 
  17 Sec. 22.3. A committee may also take such action with respect to 
  threshold discussions held in executive session under clause 
  2(g)(2)(B) of rule XI to explore whether evidence or testimony should 
  be received in executive session.

[[Page 273]]

      Clause 2(k)(7) of rule XI, which requires a majority of the 
  committee to constitute a quorum for closing a meeting or hearing, 
  also requires a full quorum to release or make public evidence or 
  testimony received in executive session. The chair has no unilateral 
  authority to release such material. Under clause 2(k)(7), executive 
  session material may be released only when authorized by the 
  committee, a majority being present. Manual Sec. 803.
      Clauses 11(c) and 11(g) of rule XI provide that classified 
  material transmitted by the Permanent Select Committee on Intelligence 
  to another committee of the House becomes the executive session 
  material of the recipient committee by virtue of the nature of the 
  material and the injunction of clause 11(g) of rule X, which prohibits 
  disclosure of such information to Members of the House except in a 
  secret session. Clause 3(b)(6) of rule XI prohibits the public 
  disclosure of complaints or information received by the Committee on 
  Ethics except as specifically authorized by that committee in each 
  instance.
      Under clause 6(b) of rule VIII, minutes or transcripts of 
  executive sessions, or evidence received during such sessions, may not 
  be disclosed or copied in response to a subpoena. A subpoena duces 
  tecum requesting production of executive session records of a 
  committee from a prior Congress may be laid before the House pending a 
  determination as to its propriety. 97-1, Apr. 28, 1981, p 7603.

                     Disposition of Committee Records

      The House may adopt a resolution providing for the disposition of 
  the records and files of a select or other committee. On one occasion, 
  the House required that the files of a select committee be held intact 
  and turned over to a newly created committee with similar 
  jurisdiction. Deschler Ch 17 Sec. 19.3. On another occasion, the House 
  gave a select committee the authority to dispose of its records 
  consistent with the rules and laws concerning classified information. 
  106-1, sec. 2(f)(3), H. Res. 5, Jan. 6, 1999, p 76. Pursuant to that 
  authority the select committee transferred its records to the Clerk 
  and instructed the Clerk to grant access to those records only with 
  the approval of the chair and ranking minority member of the former 
  select committee (so long as each remains a Member) and, thereafter, 
  with the approval of the Permanent Select Committee on Intelligence. 
  Manual Sec. 1112a. In the absence of specific disposition by the 
  House, clause 1 of rule VII requires the chair of each committee to 
  deliver to the Clerk all noncurrent records of the committee. Manual 
  Sec. 695. Clause 3 of rule VII outlines the procedures for the public 
  release of noncurrent records.

[[Page 274]]

               Reference in Debate to Transcripts or Minutes

      Under early decisions of the House, it was not in order in debate 
  to refer to the proceedings of a committee except as had been formally 
  reported to the House. 5 Hinds Sec. Sec. 5080-5083; 8 Cannon 
  Sec. Sec. 2485-2493; Deschler Ch 17 Sec. Sec. 20.1, 20.2. The 
  rationale for the early decisions was to protect the confidentiality 
  and independence of committee proceedings and to permit flexibility 
  and compromise in committee deliberations. 8 Cannon Sec. 2491. Today, 
  however, the rules require that committee meetings be open to the 
  public unless properly closed by vote of the committee. Committee 
  proceedings are widely available on television and by other means. 
  These considerations mitigate against the application of the rule of 
  nondisclosure to meetings and hearings which are open to the public. 
  Manual Sec. 360; Deschler Ch 17 Sec. 20.1. On the other hand, it is 
  clear that the rule protecting committee proceedings from disclosure 
  in House debate is applicable to executive session proceedings. 8 
  Cannon Sec. 2493; Deschler Ch 17 Sec. 20. Thus, it has been held not 
  in order in debate in the House to refer to or quote from the minutes 
  of an executive session of a committee, unless the committee has voted 
  to make such proceedings public. Manual Sec. 319. The precedents 
  clearly prevent reference in debate to committee actions which impugn 
  the motives of committee members, whether or not by name. Deschler-
  Brown Ch 29 Sec. 54.3.


  Sec. 17 . Meetings

               Regular Meetings; Calling Additional Meetings

      Standing committees must fix regular meeting days. Manual 
  Sec. 793. These meeting days may be on a weekly, biweekly, or monthly 
  basis but must be at least once a month. Clause 2(b) of rule XI; 
  Manual Sec. 407. Additional meetings may be called by the chair as 
  deemed necessary, and a mechanism exists that allows a majority of the 
  committee to require that a special meeting be held to consider a 
  particular measure or matter. Manual Sec. 793. Pursuant to clause 3(g) 
  of rule XI, a committee meeting may not commence until the third day 
  on which members have notice thereof, and text of the legislation to 
  be marked up must be available to members in electronic form 24 hours 
  prior to the commencement of the meeting. Where a committee has a 
  fixed date to meet, a quorum of the committee may convene on that date 
  without call of the chair and transact business regardless of the 
  chair's absence. Clause 2(d) of rule XI; 8 Cannon Sec. 2214. In the 
  absence of the chair or vice chair designated by the chair, the 
  ranking majority member who is present presides at the meeting. Clause 
  2(d) of rule XI.

[[Page 275]]

  Sec. 18 . -- Consideration and Debate; Voting

                        Generally; Motion Practice

      Committees generally conduct their business under the five-minute 
  rule and may employ the ordinary motions and procedures which are in 
  order in the House under clause 4 of rule XVI, as well as those 
  procedures which are in order in the House as in the Committee of the 
  Whole. Manual Sec. Sec. 424, 427, 792, 911. These include:

     The reading for amendment by section as in the Committee of 
         the Whole and the reading of the measure and amendments thereto 
         in full. Manual Sec. 792.
     Dispensing with the first reading (in full) of a bill or 
         resolution if printed copies are available. Clause 
         1(a)(2)(A)(ii) of rule XI.
     Limiting the time for debate and the motion to limit debate 
         under the five-minute rule. Manual Sec. 792; 4 Hinds Sec. 4573.
     The motion for the previous question. Manual Sec. 994.
     Voting by the yeas and nays. 4 Hinds Sec. 4572.
     The motion to refer. Manual Sec. 916.
     The motion to lay on the table, but tabling an amendment also 
         carries the bill to the table. 3 Hinds Sec. 1737; 4 Hinds 
         Sec. 4568.
     The motion to reconsider. 4 Hinds Sec. Sec. 4570, 4571.
     The taking of an appeal from a decision of the Chair. 4 Hinds 
         Sec. 4569.
     The motion to recess from day to day or subject to the call of 
         the Chair (within 24 hours). Manual Sec. 787.

      A proposed investigative or oversight report shall be considered 
  as read in committee if it has been available to the members for at 
  least 24 hours (excluding Saturdays, Sundays, or legal holidays except 
  when the House is in session on such a day). Clause 1(b)(2) of rule 
  XI.

                               Proxy Voting

      Proxy voting in committees, once permitted under certain 
  conditions, was banned beginning in the 104th Congress under clause 
  2(f) of rule XI. Manual Sec. 797.

                              Postponed Votes

      In the 108th Congress, clause 2(h) of rule XI was amended to 
  permit each committee to adopt a rule authorizing the chair of a 
  committee or subcommittee to postpone a record vote on the question of 
  approving a measure or matter or on adopting an amendment. Proceedings 
  may be resumed on a postponed question at any time after reasonable 
  notice. A committee rule permitting such postponed votes must provide 
  that when proceedings resume on a postponed question, notwithstanding 
  any intervening order for the pre

[[Page 276]]

  vious question, the underlying proposition must remain subject to 
  further debate or amendment to the same extent as when the question 
  was postponed.


  Sec. 19 . Hearings

                        Generally; Uses of Hearings

      The three most common uses of hearings held by the committees of 
  the House are: (1) to consider the enactment of a measure into law and 
  to provide a forum where information and opinions on the measure can 
  be presented; (2) to inform the House as to activities that may call 
  for legislation; and (3) to invoke the investigative powers of the 
  House as overseer of Federal programs and operations.
      Hearings have included such publicized investigations as the 
  Credit Mobilier Corporation bribery charge investigation of 1872 (2 
  Hinds Sec. 1286), the Un-American activities investigations beginning 
  in the 1930's (Deschler Ch 15 Sec. 1.32), the investigation of covert 
  arms transactions with Iran in 1988 (100-1, H. Res. 12, Jan. 7, 1987, 
  p 821), the investigation of political fundraising improprieties (105-
  1, H. Res. 167, June 20, 1997, p 11677), and the investigation of 
  whether the impeachment of President Clinton was warranted (105-2, H. 
  Res. 581, Oct. 8, 1998, p 24679).

                         Announcement of Hearings

      A chair must announce a hearing at least one week in advance, 
  although the chair and ranking minority member acting jointly, or the 
  committee by majority vote with a business quorum present, may 
  determine that there is good cause to begin the hearing sooner. In 
  such a case the chair must make the announcement at the earliest 
  possible date. The announcement must be published in the Daily Digest 
  and made publicly available in electronic form. Manual Sec. 798. The 
  Committee on Rules is exempted from this requirement.


  Sec. 20 . Hearings and Meetings as Open or Closed

                                 Generally

      All committee or subcommittee meetings and hearings must be open 
  to the public, including the media, unless the committee, in open 
  session with a majority present, votes to close all or part of the 
  remainder of the meeting or hearing on that day for one of the 
  permissible reasons stated in the rule. Clause 2(g) of rule XI; see 
  also clause 2(k)(5) of rule XI. Permissible reasons include national 
  security, the compromise of sensitive law enforcement information, 
  violation of a law or rule of the House, or a situation where 
  testimony might incriminate, defame, or degrade a person.

[[Page 277]]

      Only members of the committee and such noncommittee Members, 
  staff, and departmental representatives as the committee may authorize 
  may be present at a meeting held in executive session. Clause 2(g)(1) 
  of rule XI. A committee or subcommittee may not exclude noncommittee 
  Members from nonparticipatory attendance at a hearing unless so 
  authorized by the House. Clause 2(g)(2) of rule XI.
      A motion to close a committee meeting or hearing, like the motion 
  for a secret session in the House, is not debatable. Manual Sec. 969. 
  Under rule XI clause 2(g)(2)(D), all committees may vote to close a 
  hearing for one additional day. The Committees on Appropriations and 
  Armed Services and the Permanent Select Committee on Intelligence may 
  close a hearing for up to five additional, consecutive days. Manual 
  Sec. 798.

     Evidence or Testimony Tending to Defame, Degrade, or Incriminate

      Clause 2(k)(5) of rule XI requires certain procedural steps 
  whenever a member of the committee asserts that evidence or testimony 
  before a committee hearing may tend to defame, degrade, or incriminate 
  any person. Witnesses also may make such assertions with respect to 
  themselves. Manual Sec. Sec. 798, 803. A majority of those present may 
  vote to (1) receive the evidence or testimony in executive session 
  under clause 2(k)(5) or (2) go into executive session under clause 
  2(g)(2)(B) of rule XI to hold threshold discussions to explore whether 
  the evidence or testimony may tend to defame, degrade, or incriminate. 
  To continue the hearing in open session, a majority quorum of the 
  committee or subcommittee must be present to entertain a motion that 
  the evidence or testimony is in fact not defamatory, incriminating, or 
  degrading and the committee should proceed in open session. Such a 
  motion requires a majority for adoption. An opportunity to appear 
  voluntarily must be afforded to the witness in either case. Manual 
  Sec. 803.
      A point of order may be raised against a privileged report of a 
  committee relating to the contemptuous refusal of a witness to testify 
  on the ground that the committee had violated clause 2(k)(5) of rule 
  XI. Deschler Ch 15 Sec. 15. If a witness appears in response to a 
  subpoena and, when called, properly asserts grounds for an executive 
  session, the committee must determine whether the testimony will tend 
  to defame, degrade, or incriminate, even though the witness may have 
  ignored a previous opportunity to appear voluntarily to testify. 
  However, the proper assertion must be made by the witness to the 
  committee. If the witness leaves the hearing room without making any 
  statement other than a refusal to testify, the committee is not 
  obligated to go into executive session, because the proceedings have 
  not reached the point where the witness has demanded that the 
  committee determine whether the testimony would tend to degrade, 
  defame, or incriminate.

[[Page 278]]

   The determination that evidence or testimony may tend to degrade, 
  defame, or incriminate lies with the committee and not with the 
  witness. Deschler Ch 15 Sec. 15.


  Sec. 21 . Quorum Requirements

                                 Generally

      Historically, a majority of a committee constituted a quorum for 
  the transaction of business. Manual Sec. 409; 4 Hinds Sec. Sec. 4540, 
  4552. Under current clause 2(h) of rule XI, committees may fix the 
  quorum required for the taking of testimony at a hearing to not less 
  than two and (except for Appropriations, Budget, and Ways and Means) 
  may fix the quorum for the conduct of business, other than actions for 
  which a majority of the committee is required, at not less than one-
  third.
      Minimum quorum requirements for committees and subcommittees of 
  the House are as follows:
        

------------------------------------------------------------------------
         Action               Minimum Quorum        Clause 2 of Rule XI
------------------------------------------------------------------------
  To report a measure    A majority of the              (h)(1)
   or recommendation      committee, ``actually         Manual Sec.  799
                          present''
 
  To report contempt     A majority of the              (h)(1)
                          committee                     Manual Sec.  799
 
  To authorize and       A majority of the              (m)(2)
   issue a subpoena       committee                     Manual Sec.  805
 
  To close a meeting or  A majority of the              (g)(1), (2)
   hearing                committee                     Manual Sec.  798
 
  To make public         A majority of the              (k)(7)
   evidence taken in      committee                     Manual Sec.  803
   executive session
 
  To immunize a witness  A majority of the              18 USC Sec.
                          committee                6005
 
 
  To take evidence or    A majority of the              (k)(5)
   testimony in open      committee                     Manual Sec.  803
   session after
   assertion that it
   defames, degrades or
   incriminates
 

[[Page 279]]

 
  To take testimony or   Two members                    (h)(2)
   receive evidence at                                  Manual Sec.  800
   hearing
 
  To close a hearing     Two members                    (k)(5)
   where assertion of                                   Manual Sec.  803
   defamatory testimony
   or evidence is made
 
  To take any other      One-third of membership        (h)(3)
   action                                               Manual Sec.  800
------------------------------------------------------------------------

  Sec. 22 . -- In Ordering a Report to the House

                                 Generally

      A standing committee cannot validly report a measure unless the 
  report has been authorized at a formal meeting of the committee with a 
  quorum present. Clause 2(h) of rule XI; Manual Sec. 799; 8 Cannon 
  Sec. Sec. 2220-2222; Deschler Ch 17 Sec. 23.2.
      A point of order of no quorum may provoke a quorum call to obtain 
  the presence of a majority of the committee in the committee room. 
  Manual Sec. 799.

                          Contemporaneous Meeting

      The report is not valid unless authorized with a quorum of the 
  committee actually present at the time the vote is taken. Manual 
  Sec. 799. This rule is derived from Jefferson's Manual, which states 
  that a committee may act only when together--``nothing being the 
  report of the committee but what has been agreed to in committee 
  actually assembled.'' Manual Sec. 407. This requirement means that a 
  majority must be contemporaneously assembled when the question is put 
  or at some point while the vote is taken.
      Although Speakers have indicated that committee members may come 
  and go during the course of the vote if the roll call indicates that a 
  quorum was present, where it is admitted that a quorum was not in the 
  room at any time during the vote and the committee transcript does not 
  show a quorum acting as a quorum, the Chair will sustain the point of 
  order against the measure when called up in the House. 8 Cannon 
  Sec. Sec. 2212, 2222. A poll of committee members by telephone will 
  not suffice. Deschler Ch 17 Sec. 23.2.

[[Page 280]]

                        Obsolete ``Rolling Quorum''

      In the 103d Congress the rules were amended to permit a ``rolling 
  quorum'' by allowing a majority to be deemed present if the committee 
  records showed that a majority responded on a roll call vote on the 
  motion to report in question. 103-1, H. Res. 5, Jan. 5, 1993, p 49. 
  This language was deleted in the 104th Congress, thus restoring the 
  previous requirement that a ``majority of the committee be actually 
  present'' at the time a measure is ordered reported. Unlike a House 
  floor vote, during which Members may come and go during the course of 
  a vote, the committee quorum rule, absent the old ``rolling quorum'' 
  latitude, means a committee cannot simply leave a vote open until a 
  sufficient number of Members have responded to their names.


  Sec. 23 . -- Points of Order Based on Reporting Requirements

                                 Generally

      Unless a point of order is raised, the House assumes that reports 
  from committees are authorized with a quorum present. Deschler Ch 17 
  Sec. 23. Quorum issues raised by a point of order are often determined 
  on the basis of information in the report or supplied by the chair of 
  the committee in question, and the Speaker may question the chair as 
  to the circumstances of the meeting and the number of committee 
  members present at that meeting. Manual Sec. 799; Deschler Ch 17 
  Sec. 23.5. Where the chair admits that the bill was reported when a 
  quorum was not present, the point of order against the bill on that 
  ground will be sustained. Deschler Ch 17 Sec. 25.2. If the point of 
  order is sustained, the bill is automatically recommitted. Deschler Ch 
  17 Sec. Sec. 23.2, 25.2.
      Where a bill is being considered under suspension of the rules, a 
  point of order will not lie against the bill on the ground that a 
  quorum was not present when the bill was reported from committee. 
  Deschler Ch 17 Sec. 24.8.
      The absence of a quorum at the time a ``clean'' bill is ordered 
  reported gives rise to a point of order on the House floor, even 
  though the chair had been previously instructed by the committee to 
  report the bill. Cf. Deschler Ch 17 Sec. 23.6.

                                Timeliness

      A point of order that a bill was reported from a committee in the 
  absence of a quorum is properly raised in the House when the bill is 
  called up for consideration or pending the Speaker's declaration, or a 
  vote on a motion, that the House resolve itself into the Committee of 
  the Whole for the consideration of the bill. Deschler Ch 17 
  Sec. Sec. 24.2, 24.4; 101-1, May 16,

[[Page 281]]

  1989, p 9356. It has been ruled that such a point of order comes too 
  late if raised:

     After consideration of the bill has begun in the House. 8 
         Cannon Sec. 2223.
     After the House has resolved into the Committee of the Whole 
         for the consideration of the measure. Deschler Ch 17 Sec. 24.5.
     After debate on the measure has started in the House. Deschler 
         Ch 17 Sec. 24.6.
     After adoption of the measure. Deschler Ch 17 Sec. 24.7.

      The point of order is premature and will not be entertained:

     Where a resolution providing for the consideration of the bill 
         is before the House. Deschler Ch 17 Sec. 24.2.
     Pending a unanimous-consent request to consider the measure 
         otherwise not privileged for consideration. 90-2, Oct. 11, 
         1968, p 30751.

      Clause 2(g)(6)(B) of rule XI precludes a point of order against 
  consideration of a reported measure, on the ground that hearings on 
  such measure were conducted without a proper quorum, unless that point 
  was timely made and improperly disposed of in committee.


  Sec. 24 . Witnesses

                      Summoning Witnesses; Subpoenas

      Witnesses are summoned before a committee pursuant to authority 
  conferred on it by the House to send for persons or papers. 3 Hinds 
  Sec. 1750. Clause 2(m) of rule XI permits committees and subcommittees 
  to issue a subpoena when authorized by a majority of the members 
  voting, a majority being present. This authority does not extend to 
  other subunits of a committee such as ``task forces.'' Full-committee 
  chairs may authorize and issue subpoenas when that authority is 
  delegated by the full committee, either on an ad hoc basis or by 
  committee rule. Such subpoenas must be signed by the chair of the 
  committee or by a member designated by the committee. Subpoenas issued 
  to persons are returnable at the committee or subcommittee. A subpoena 
  duces tecum, one that commands the production of documents, may 
  specify terms of return other than at a meeting or a hearing. Clause 
  2(m)(3)(C) of rule XI.
      Clause 2(k)(5) of rule XI requires committees and subcommittees to 
  afford any person who may be defamed, degraded, or incriminated by 
  testimony or evidence the opportunity to voluntarily appear as a 
  witness. That clause and clause 2(k)(6) also require committees and 
  subcommittees to dispose of requests from such person, or requests 
  made by committee members during hearings, to subpoena additional 
  witnesses. Such interlocutory re

[[Page 282]]

  quests can cover the full range of persons and papers for which 
  subpoenas may be authorized under clause 2(m).
      Under clause 2(m) of rule XI, compliance with a committee subpoena 
  may be enforced only as authorized by the House. This clause has been 
  interpreted to require authorization by the full House before a 
  subcommittee chair may intervene in a lawsuit in order to gain access 
  to documents subpoenaed by the subcommittee. In re Beef Industry 
  Antitrust Litigation, 589 F.2d 786 (5th Cir. 1979); see also Contempt. 
  Clause 2(m) does not authorize a committee to conduct a deposition or 
  interrogatory before one member or before staff of the committee. 
  Except in the case of the Committee on Oversight and Government Reform 
  under clause 4(c) of rule X, such authority must be conferred by 
  separate action of the House. Manual Sec. Sec. 800, 805.

                        Interrogation of Witnesses

      Under clause 2(j)(2)(A) of rule XI, questioning of a witness 
  appearing before a committee proceeds under the five-minute rule. Each 
  member must be given an opportunity to question a witness for five 
  minutes. Where more than one witness testifies in a ``panel,'' each 
  member is permitted to question each witness in the panel for five 
  minutes. Clauses 2(j)(2)(B) and 2(j)(2)(C) enable committees to permit 
  extended examinations of witnesses for 30 additional minutes by 
  designated members, or by staff, of each party.

                     Witnesses Called by the Minority

      Under clause 2(j)(1) of rule XI, whenever a hearing is conducted 
  by a committee on a measure or matter, the minority members on the 
  committee have the right to call witnesses of their own choosing to 
  testify on that measure or matter of a hearing for one day. Such a 
  request must be supported by a majority of the minority members and 
  submitted to the chair before completion of the hearing. The chair may 
  set the day under a reasonable schedule. Manual Sec. 802.

                                  Perjury

      It is a felony to give perjurious testimony before a congressional 
  committee. 18 USC Sec. 1621. It is a felony to make false, fictitious, 
  or fraudulent statements before any department or agency of the United 
  States, including congressional committees. 18 USC Sec. 1001. However, 
  the courts have ruled that the facts sought must be in aid of the 
  committee's legislative purpose. The committee may recall a witness 
  for additional testimony on a point already testified to, or question 
  such witness about a prior denial, or address questions which are not 
  clearly in aid of legislation, but a perjury indictment may not be 
  found on false testimony in response to questions which are not

[[Page 283]]

  asked for the purpose of eliciting facts material to the committee's 
  investigation. United States v. Cross, 170 F. Supp. 303 (D.D.C. 1959).
      A quorum of a committee must be present when testimony is given to 
  support a charge of perjury. Manual Sec. Sec. 343, 409, 803;  
  Christoffel v. United States, 338 U.S. 84 (1949). The absence of a 
  quorum of a committee at the time a witness willfully fails to produce 
  subpoenaed documents is not a valid defense in a prosecution for 
  contempt where the witness failed to raise that objection before the 
  committee. United States v. Bryan, 339 U.S. 323 (1950); United States 
  v. Fleischman, 339 U.S. 349 (1950).

                         Use of Written Statements

      Under clause 2(g)(5) of rule XI, committees are encouraged to 
  require each prospective witness to file a written statement of 
  proposed testimony in advance and limit oral presentation to a summary 
  thereof. The committees also must require, to the greatest extent 
  practicable, nongovernmental witnesses who submit written statements 
  to submit with such statement curriculum vitae and disclosures of 
  Federal grants or contracts received over the previous three years. 
  Under clause 2(k)(8) of rule XI witnesses are permitted, at the 
  discretion of the committee, to submit brief, sworn statements in 
  writing for inclusion in the committee record.

                           Subpoena Duces Tecum

      Under clause 2(m)(3)(B) of rule XI, a subpoena for documents may 
  specify terms of return other than at a meeting or hearing of the 
  committee or subcommittee authorizing the subpoena, such as at 
  committee offices.

                               Witness Fees

      Clause 5 of rule XI authorizes the Committee on House 
  Administration to establish the per diem and travel rates of 
  reimbursement of witnesses. Some committees, in their rules, prescribe 
  procedures for disbursing such fees, such as the signing of 
  appropriate vouchers.


  Sec. 25 . -- Rights or Privileges of Witnesses

                     Generally; Under the Constitution

      Committee investigations must be conducted in accordance with the 
  Constitution, particularly the first, fourth, and fifth amendments. 
  Witnesses appearing at hearings cannot be compelled to give evidence 
  or testimony against themselves, cannot be subjected to unreasonable 
  search and seizure, and cannot have their first amendment freedoms of 
  speech, press, religion, or political belief and association abridged. 
  Watkins v. United States, 354 U.S. 178 (1957).

[[Page 284]]

                 The Privilege Against Self-incrimination

      The privilege against self-incrimination may be invoked by a 
  person subpoenaed to testify or produce materials before a House 
  committee notwithstanding the fact that a congressional investigation 
  is not a ``criminal case'' in the conventional sense. 3 Hinds 
  Sec. Sec. 1699, 2514. The assertion of the privilege against self-
  incrimination need take no particular form, provided the committee can 
  reasonably be expected to understand it as an attempt to invoke the 
  privilege. Quinn v. United States, 349 U.S. 155 (1955). At the same 
  time, a witness may waive the privilege by failing to assert it, 
  expressly disclaiming it, or testifying on the same matters concerning 
  which the privilege is later claimed. Deschler Ch 15 Sec. 9. Thus, 
  after testifying to an incriminating fact, a witness may not refuse to 
  answer more questions on the same subject on the ground that such 
  answers would further incriminate. Rogers v. United States, 340 U.S. 
  367 (1951).

                            Immunity Procedures

      A witness who refuses to testify before a congressional committee 
  on the basis of the privilege against self-incrimination may be 
  granted immunity by court order and, under certain conditions, 
  compelled to testify or provide information to the committee. 18 USC 
  Sec. Sec. 6002, 6005. Under the statute, the request for the court 
  order must have been approved by two-thirds of the entire membership 
  of the committee. The statute has been upheld as constitutional. 
  Application of U.S. Senate Select Committee on Presidential Campaign 
  Activities, 361 F. Supp. 1270 (D.D.C. 1973); see also 6 Cannon 
  Sec. 354.

                       Under the Rules of the House

      A witness appearing at a hearing before a committee of the House 
  is entitled to certain rights or privileges under the rules of the 
  House. Clause 2(k) of rule XI; Manual Sec. 803. Under these rules, a 
  witness is entitled:

     To a copy of the committee rules (upon request).
     To be accompanied by counsel to advise on constitutional 
         rights.
     To seek a closed hearing if the evidence or testimony tends to 
         defame, degrade, or incriminate.
     To submit requests for committees to subpoena additional 
         witnesses.
     To submit brief and pertinent sworn statements in writing for 
         inclusion in the committee record (at discretion of committee).
     To a transcript of such witness's testimony if given in an 
         open hearing.

      Although the applicable rule permits witnesses to have counsel at 
  hearings to advise on constitutional rights, it is the witness, not 
  counsel, who has ultimate responsibility for protecting the witness's 
  rights and invoking

[[Page 285]]

  the procedural safeguards guaranteed under the rules of the House. The 
  attorney for the witness may not, as a matter of right, present 
  argument or make demands on the committee. Deschler Ch 15 Sec. 14.3.


  Sec. 26 . -- Proceedings Against Recalcitrant Witnesses

      An individual who fails or refuses to comply with a House subpoena 
  may be cited for contempt of Congress. The Supreme Court has found the 
  subpoena power to be an ``indispensable ingredient'' of the 
  legislative powers granted to Congress by the Constitution. Eastland 
  v. United States Servicemen's Fund, 421 U.S. 491 (1975). Although the 
  Constitution does not expressly grant Congress the power to punish 
  witnesses for contempt, that power has been deemed an inherent 
  attribute of the legislative authority of Congress. See Anderson v. 
  Dunn, 19 U.S. 204 (1821). To supplement this inherent power, the 
  Congress in 1857 adopted an alternative statutory contempt procedure. 
  Under this statute, the House may certify to the appropriate U.S. 
  Attorney the witness's refusal to comply with a congressional 
  subpoena. House certification is effected by its adoption of a report 
  from the committee where the refusal took place. The contempt is 
  punishable by fine and imprisonment. 2 USC Sec. Sec. 192, 194. For 
  comprehensive discussion, see Contempt; Manual Sec. Sec. 293-299.


  Sec. 27 . Media Coverage of Hearings and Meetings

      Clause 4 of rule XI requires that open committee hearings and 
  meetings be open to audio, video, and photographic coverage by 
  accredited press representatives. Manual Sec. Sec. 807-812. The rule 
  also requires committees to adopt written rules to govern such 
  coverage within certain parameters set forth in the rule. Clause 
  2(e)(5) of rule XI provides that, to the maximum extent practicable, 
  committees shall provide audio and video coverage of each meeting or 
  hearing and make such coverage (and recordings thereof) easily 
  accessible to the public.


                           E. Committee Reports


  Sec. 28 . In General

                Necessity of Report; Chair's Duty to Report

      Under clause 2 of rule XIII (first adopted in 1880), a bill 
  reported from a committee must be accompanied by a written report. 
  Manual Sec. 833. Reported bills that are not accompanied by a written 
  report are not placed on a calendar. 8 Cannon Sec. 2783.

[[Page 286]]

      The report of a committee is in the nature of argument or 
  explanation. The report on a legislative measure does not itself come 
  before the House for amendment or other specific action. 4 Hinds 
  Sec. 4674; Deschler Ch 17 Sec. 58. The Speaker makes no determinations 
  as to the sufficiency of a report beyond specific requirements of 
  House rules. 2 Hinds Sec. 1339.
      It is the duty of each committee chair to ``promptly'' report 
  measures approved by the committee to the House. Clause 2(b)(1) of 
  rule XIII; Manual Sec. 834. Under this rule, if the report on such a 
  measure is not filed by the chair of the committee, a majority of its 
  members may file a written request for the filing of the report. 
  Within seven calendar days (exclusive of the days on which the House 
  is not in session) after the filing of the request, the committee 
  report is to be filed. Excepted from this rule are certain reports of 
  the Committee on Rules and reports on resolutions of inquiry. Manual 
  Sec. 835.

                    Committee Authorization or Approval

      When a committee concludes consideration of a bill, a motion to 
  order the measure reported is in order. 4 Hinds Sec. 4667. In this 
  respect, the House has adhered to the principle that the reporting of 
  a measure must be authorized by the committee acting together at a 
  formal meeting of the committee with a quorum present. Clause 2(h)(1) 
  of rule XI; Manual Sec. 407; 4 Hinds Sec. 4585; 8 Cannon 
  Sec. Sec. 2221, 2222, 2249.
      Objection being made that the text of a report does not reflect 
  the actions of a committee, the question as to the reception of the 
  report may be submitted to the House. 4 Hinds Sec. 4591. If a bill is 
  held to be improperly reported, the bill is not entitled to a place on 
  the calendar. 4 Hinds Sec. 3117. After the House has voted to consider 
  a bill or after consideration has begun in the House, it is too late 
  to raise the question of authorization or to question the validity of 
  the committee's action in reporting the bill. 4 Hinds Sec. Sec. 4598, 
  4599; 8 Cannon Sec. Sec. 2223, 2225.
      The rules of the House do not require that committees separately 
  approve legislative reports. A point of order that a committee did not 
  vote to approve a report as required by the rules of the committee is 
  properly made in committee and not in the House. Deschler Ch 17 
  Sec. 58.5.

                                Recommittal

      The failure of a committee report to comply with the rules of the 
  House, such as the reporting requirements contained in rule XIII, may 
  result in automatic recommittal of the bill if a point of order is 
  sustained. See, e.g., 8 Cannon Sec. 2237. Under clause 3(a)(2) of rule 
  XIII, a committee may file a supplemental report to correct technical 
  errors in its initial report. Such

[[Page 287]]

  supplemental report is subject to a new three-day availability under 
  clause 4(a) of rule XIII, except that a supplemental report only 
  correcting errors in the depiction of record votes under clause 3(b) 
  of rule XIII is not subject to such availability requirement. If the 
  bill is recommitted because of a defective report, further proceedings 
  are de novo and all committee formalities necessary to the first 
  report are likewise necessary to authorize a second report. 8 Cannon 
  Sec. 2221.

                      Adverse or Unfavorable Reports

      A committee may report a bill adversely, even though the committee 
  originated the bill. Manual Sec. 832; 4 Hinds Sec. 4659. A committee 
  may also report a bill to the House with no recommendation for action. 
  4 Hinds Sec. Sec. 4661, 4662. If the committee is unable to agree on a 
  recommendation for action, it may submit a statement of this fact in 
  the report (4 Hinds Sec. 4665), in which case the report may include 
  minority views alone (2 Hinds Sec. 945) or simply set forth the 
  propositions representing the opposing contentions (3 Hinds Sec. 2497; 
  4 Hinds Sec. 4664). Motions to report favorably, unfavorably, or with 
  no recommendation have no priority over each other in committee and 
  are not in order as amendments to each other.

                  Multiple Reports; Supplemental Reports

      The report of a committee must be confined to a single volume, and 
  ordinarily only one report is filed on each bill. Sec. 29, infra. 
  Indeed, it has been held that two reports may not be filed from the 
  Committee on Rules to accompany the same rule or order of business. 
  Deschler Ch 17 Sec. 58.2.
      However, clause 3(a)(2) of rule XIII permits the filing of a 
  supplemental report to correct a technical error in a previous report, 
  and unanimous consent is not required. Deschler Ch 17 Sec. 64.1. The 
  authority to file a supplemental report to correct a technical error 
  in a previous report does not include the authority to file a 
  supplemental report (1) to correct the failure of a committee to 
  comply at all with the reporting requirements set forth in rule XIII 
  (such as the requirement to include a committee cost estimate); (2) to 
  change a statement of legislative intent contained in the initial 
  report (Deschler Ch 17 Sec. 64.1 (note)); (3) to include additional 
  views not timely submitted for inclusion with the report; or (4) to 
  outline substantive interpretations of a previously reported bill. In 
  those cases, unanimous consent is required for a committee to file a 
  supplemental report. In any case, a supplemental report is subject to 
  the three-day layover requirement under clause 4(a) of rule XIII 
  unless it only corrects errors in the depiction of record votes. 
  Clause 3(a)(2) of rule XIII.

[[Page 288]]

             Reporting Bills with Amendments; ``Clean'' Bills

      A committee may report a bill with sundry amendments for the 
  consideration of the House. Where a bill has been extensively amended 
  in the committee, its members may instruct the chair to incorporate 
  the changes into an amendment in the nature of a substitute or to 
  introduce a ``clean'' bill, which reflects the committee's action. If 
  the latter course is chosen, the new bill must be introduced through 
  the hopper. In either case, the committee cannot vote to report until 
  it has the perfected text before it. Deschler Ch 17 Sec. 23.6.


  Sec. 29 . Form and Contents of Report

      Rule XIII governs the form and content of committee reports. 
  Clauses 2(a) and 3(a) of rule XIII, respectively, require that 
  committee reports be printed and confined to a single volume. Verbal 
  statements will not be received in the House as the report of a 
  committee. 4 Hinds Sec. Sec. 4654, 4655.
      Under rule XIII, a report on any measure or matter shall include:

     Minority, supplemental, or additional views if properly 
         submitted. Clause 3(a).
     The total number of record votes cast in committee for or 
         against the reporting of the measure or matter and on any 
         amendment thereto, and the names of those voting for or 
         against. Clause 3(b).
     Oversight findings and recommendations required pursuant to 
         clause 2(b)(1) of rule X. Clause 3(c)(1).
     A statement of performance goals and objectives. Clause 
         3(c)(4).

      Under rule XIII, a report on any public bill or joint resolution 
  shall include:

     A statement describing fiscal ramifications of the measure as 
         required by section 308 of the Congressional Budget Act of 
         1974, if the measure provides new budget authority or new or 
         increased tax expenditures. Clause 3(c)(2).
     An estimate and comparison required under section 402 of the 
         Congressional Budget Act as to the costs anticipated in 
         carrying out the bill or joint resolution over specified 
         periods of time, if timely submitted. Clause 3(c)(3).
     An estimate by the committee of the costs incurred in carrying 
         out the bill or joint resolution in the fiscal year it is 
         reported and in each of five following fiscal years (which may 
         be satisfied by including a section 402 estimate). Clause 
         3(d)(1).
     A comparative print indicating changes in existing law (the 
         Ramseyer Rule). Clause 3(e); Sec. 30, infra.


[[Page 289]]



      Clause 3(f) of rule XIII requires a report of the Committee on 
  Appropriations on a general appropriation bill to include:

     A description of the effect of any provision of the 
         accompanying bill that changes the existing law.
     A list of unauthorized appropriations contained in the bill.
     A list of rescissions and transfers.

      In addition, clause 3(f)(2)(A) requires an appropriation bill or 
  joint resolution to include separate headings for ``Rescissions'' and 
  ``Transfers of Unexpended Balances'' contained in the bill or joint 
  resolution.
      Clause 3(g) of rule XIII requires a report of the Committee on 
  Rules on a resolution proposing to repeal or amend a standing rule of 
  the House to include a ``Ramseyer'' comparison of the proposed text 
  with the existing rule. Sec. 30, infra.
      Clause 3(h) of rule XIII requires a report of the Committee on 
  Ways and Means on a measure proposing to amend the Internal Revenue 
  Code of 1986 to include (or to be printed in the Congressional Record 
  by the chair of the Committee on Ways and Means before consideration) 
  a ``tax complexity analysis'' and a ``macroeconomic impact analysis'' 
  prepared by the Joint Committee on Internal Revenue Taxation.
      Reports are also required to contain identification and cost-
  estimates of Federal mandates under the Unfunded Mandates Reform Act 
  of 1995 (Manual Sec. Sec. 843, 1127) and a description of the 
  applicability of the measure to the Legislative Branch under the 
  Congressional Accountability Act of 1995 (Manual Sec. 842). Under 
  clause 9 of rule XXI, a point of order lies against consideration of a 
  bill or joint resolution reported by a committee where the committee 
  report fails to include a list of congressional earmarks, limited tax 
  benefits, and limited tariff benefits contained in the measure (or a 
  statement that the measure contains no such provisions). For a more 
  detailed discussion of earmarks, see Budget Process.


  Sec. 30 . Comparative Prints; The Ramseyer Rule

                                 Generally

      Clause 3(e) of rule XIII, the Ramseyer rule, was first 
  incorporated into the House rules in 1929. It was named for its 
  author, C. William Ramseyer. 8 Cannon Sec. 2234. This rule provides 
  that whenever a committee reports a measure repealing or amending a 
  statute, the committee report must include the text of the statute and 
  a comparative print showing the proposed omissions and insertions by 
  stricken-through type and italics, parallel columns, or other 
  appropriate typographical devices. The purpose of the rule is to in

[[Page 290]]

  form Members of any changes in existing law by the proposed 
  legislation. Deschler Ch 17 Sec. 60.
      The Ramseyer rule requires that the statute proposed to be amended 
  be quoted in the report; it is not sufficient that it is incorporated 
  in the bill. 8 Cannon Sec. 2238. However, a comparative print need 
  only be prepared for the affected part of the law. Deschler Ch 17 
  Sec. 60.6. If the bill amends existing law by the addition of a 
  proviso, the report should quote in full the section immediately 
  preceding the proposed amendment. 8 Cannon Sec. 2237.
      Where a committee reports a bill with amendments, the comparative 
  print required by the rule must show the changes in existing law 
  proposed by the bill as amended, rather than by the bill as 
  introduced. Deschler Ch 17 Sec. 60.4. Where there has been a multiple 
  referral of a measure to two or more committees, each committee need 
  only depict the changes it recommends and not the changes recommended 
  by the other committees. Manual Sec. 816.

                            Application of Rule

      To fall within the purview of the Ramseyer rule, a bill must 
  repeal or amend a statute directly, and a general reference to the 
  subject treated in a statute without the proposition of a specific 
  amendment is not sufficient. 8 Cannon Sec. 2235. Provisions in a bill 
  which merely waive certain statutory requirements or grant an 
  exemption therefrom are not specifically amendatory of existing law 
  and therefore are not subject to the Ramseyer rule requirements. 
  Deschler Ch 17 Sec. 60.7. Thus, the Ramseyer rule has been held 
  inapplicable to a joint resolution extending the period for State 
  ratification of a constitutional amendment submitted to the States, 
  where the resolution did not specifically change the deadline for 
  ratification, but merely extended the period ``notwithstanding'' any 
  provision in the prior law. 95-2, Aug. 15, 1978, p 26204. A point of 
  order will not lie against a committee report merely because the 
  comparative print required by the Ramseyer rule includes laws which 
  are not affected by the reported bill but which are included to give 
  full information to the Members. Deschler Ch 17 Sec. 60.3.
      The Ramseyer rule is applicable whenever a committee reports a 
  bill repealing or amending ``a statute or part thereof.'' Manual 
  Sec. 846. Thus, the rule is not applicable to:

     A bill changing the rules of evidence for the District of 
         Columbia courts. Deschler Ch 17 Sec. 6.8.
     Bills discharged from a committee (as distinguished from bills 
         reported by a committee). Deschler Ch 17 Sec. 60.10.
     Bills amending simple resolutions. 8 Cannon Sec. 2239.


[[Page 291]]



      The Ramseyer rule is not applicable to reports accompanying simple 
  resolutions. 93-2, Sept. 30, 1974, p 32956. However, a Ramseyer-type 
  comparative print is required under clause 3(g) of rule XIII whenever 
  the Committee on Rules reports a resolution proposing to repeal or 
  amend a standing rule of the House or part thereof. This clause does 
  not apply to resolutions that merely provide temporary waivers of 
  rules during the consideration of particular legislative business and 
  does not apply to a resolution providing for the consideration of a 
  bill with textual modifications that would effect certain changes in 
  House rules on enactment of the bill into law but not itself repealing 
  or amending any rule. Manual Sec. 848.
      The Ramseyer rule applies to general appropriation bills where 
  such bills include legislative provisions. 8 Cannon Sec. 2241. General 
  appropriation bills are also subject to a separate rule requiring that 
  the report contain a statement of the effect of any changes in 
  existing law. Clause 3(f) of rule XIII.

                          Substantial Compliance

      A Ramseyer rule violation may occur even though the bill in 
  question proposes but one minor and obvious change in existing law. 8 
  Cannon Sec. 2236. Under the doctrine of substantial compliance, 
  however, the Speaker has overruled Ramseyer points of order on the 
  rationale that the committee had substantially complied with the 
  requirements of the rule and that deviations were minor and 
  inconsequential. Deschler Ch 17 Sec. Sec. 60.11-60.14. Thus, the 
  Speaker has upheld a report, even though it contained errors in 
  typography and punctuation and failed to indicate a relatively 
  insignificant date change. Deschler Ch 17 Sec. 60.14.

                              Points of Order

      The point of order that a report fails to comply with the Ramseyer 
  rule is properly made when the bill is called up in the House and 
  before the House has resolved into the Committee of the Whole for its 
  consideration. 8 Cannon Sec. Sec. 2243, 2245; Deschler Ch 17 
  Sec. Sec. 60.15-60.18. The point of order does not lie in the 
  Committee of the Whole. Deschler Ch 17 Sec. 60.16. Thus, the proper 
  time to raise the point of order is when the motion is made to go 
  into, or the Speaker declares the House resolved into, the Committee 
  of the Whole to consider the bill. If that motion is withdrawn, the 
  Chair is not obliged to rule on the point of order. Manual Sec. 905. 
  When a point of order is raised that a report is in violation of the 
  Ramseyer rule, it is incumbent on the proponent of the point of order 
  to cite the specific statute which will be amended by the pending 
  bill. 8 Cannon Sec. 2246.

[[Page 292]]

      Compliance with the Ramseyer rule may be waived by unanimous 
  consent or by a special order of business. Deschler Ch 17 
  Sec. Sec. 60.19, 60.20. However, a special order of business providing 
  for the consideration of a bill, unless specifically waiving points of 
  order, does not preclude the point of order that the report on such a 
  bill fails to comply with the Ramseyer rule. 8 Cannon Sec. 2245.

                     Recommittal; Supplemental Report

      Technical defects in a Ramseyer may be remedied by a supplemental 
  report, which may be filed with the Clerk under clause 3(a)(2) of rule 
  XIII without unanimous consent. 8 Cannon Sec. 2247. Two remedies are 
  available to the Chair when a point of order for failure to comply 
  with the Ramseyer rule is sustained. The Chair may recommit the bill 
  to the respective committees reporting it. 8 Cannon Sec. 2237; 
  Deschler Ch 17 Sec. 60.2. This was the automatic remedy before the 
  adoption of clause 3(a)(2) of rule XIII. When a bill was recommitted 
  for failure to conform to the rule, further proceedings were de novo 
  and the bill was considered again and reported by the committee as if 
  no previous report had been made. 8 Cannon Sec. 2249. In the 
  alternative, the Chair may announce that consideration of the bill 
  must await the filing of a supplemental report under clause 3(a)(2) to 
  cure the defect. The latter remedy is most suitable where the 
  violation is merely technical.


  Sec. 31 . Printing; Referral to Calendars

                                 Generally

      Unless a report is privileged for immediate consideration, it is 
  delivered to the Clerk for printing and reference to the proper 
  calendar under the direction of the Speaker. Manual Sec. 831; Sec. 33, 
  infra. Privileged reports are filed from the floor while the House is 
  in session and referred to the appropriate calendar and ordered 
  printed by the Speaker. Deschler Ch 17 Sec. 58.
      For more discussion of referrals, including sequential referrals, 
  see Bills and Resolutions.

                              Adverse Reports

      Under clause 2(a)(2) of rule XIII, a bill reported adversely is 
  laid on the table unless the reporting committee or a Member requests 
  the Clerk to refer the bill to a calendar. Nonprivileged reports on 
  resolutions adversely reported are not printed unless a request is 
  made that they be referred to a calendar. Deschler Ch 17 Sec. 59.1. 
  However, reports on resolutions of inquiry are privileged, are 
  reported as such (whether favorable or adverse) and are printed and 
  referred. Manual Sec. 864; see also Calendars.

[[Page 293]]

                            Correcting an Error

      A ``star print'' is a reprint of a committee report or reported 
  bill to correct errors in the first printing of the report. A ``star 
  print'' may be authorized by the Speaker to correct an error made by 
  the Government Printing Office. 95-2, June 23, 1978, p 18806. A 
  committee may correct a technical error in its report by filing a 
  supplemental report under clause 3(a)(2) of rule XIII. Sec. 28, supra.


  Sec. 32 . Supplemental, Minority, and Additional Views

      The members of a committee who are in the minority may not present 
  a proposition of legislation but have the right to file views to 
  accompany the report. 4 Hinds Sec. Sec. 4601-4605. Unless filed with 
  the report, minority views may be presented only by consent of the 
  House. 4 Hinds Sec. 4600; 8 Cannon Sec. 2231.
      Clause 2(l) of rule XI entitles a member of the committee who 
  gives notice to two additional calendar days to file with the clerk of 
  the committee supplemental, additional, or minority views. The member 
  must give notice at the time of the approval of the report. The right 
  to submit additional views inures to all members of the committee and 
  not simply the member who gives notice. The two calendar days begin 
  the day after the measure is ordered reported and do not count 
  Saturdays, Sundays, and legal holidays except when the House is in 
  session. Such views must be in writing and signed by the submitting 
  member. Manual Sec. 804. If one member makes a timely request for 
  filing views, all other members of the committee may submit views for 
  inclusion in the report within the two-day window. Deschler Ch 17 
  Sec. 64. Views may also be called ``separate,'' ``concurrent,'' or 
  ``dissenting.''
      Under clause 2(c) of rule XIII, views submitted under clause 2(l) 
  of rule XI must be included in, and must be part of, the report. Under 
  clause 3(a) of rule XIII, the cover of the report must recite the 
  inclusion of such views. When the two additional days guaranteed by 
  clause 2(l) of rule XI expire, the committee may arrange to file its 
  report with the Clerk not later than one hour after the expiration of 
  such time, even if the House is not in session. Clause 2(c) of rule 
  XIII.


  Sec. 33 . Filing Reports

      Nonprivileged reports are filed by delivering them to the Clerk 
  for reference to the calendars under the direction of the Speaker. 
  Manual Sec. 831. Privileged reports are filed from the floor and 
  referred to the appropriate calendar by the Speaker. Manual Sec. 853; 
  Deschler Ch 17 Sec. 58.

[[Page 294]]

      Ordinarily, a committee report on a bill or other measure reported 
  to the House must accompany the reported measure. Manual 
  Sec. Sec. 831, 853. Except as provided in clause 2(c) of rule XIII, or 
  in the case of an expiring referral, unanimous consent is required to 
  file a committee report when the House is not in session, and such 
  permission may not be obtained by motion. Manual Sec. 418; Deschler Ch 
  17 Sec. 62; Sec. 32, supra. A special order of business may provide 
  committees with authority to file supplemental reports. 110-2, Apr. 
  23, 2008, p 6706.
      The House may extend the time for a select committee to file a 
  report pursuant to a simple resolution (105-1, H. Res. 170, May 13, 
  1999, p 9499) or by agreement to a unanimous-consent request (94-2, 
  Aug. 2, 1976, p 25086). An extension of time to file has been given to 
  a joint committee pursuant to a joint resolution and to a unanimous-
  consent request agreed to in each House. Deschler Ch 17 
  Sec. Sec. 62.10, 62.11.


  Sec. 34 . Calling Up; Time to Report

            Privileged and Nonprivileged Reports Distinguished

      Certain committee reports may be called up as privileged under the 
  rules and precedents of the House. If privileged, a report may be 
  filed from the floor at any time; its consideration is preferential 
  and does not require a special order of business from the Committee on 
  Rules. Deschler Ch 17 Sec. 63. The report may be privileged even 
  though the measure in question is reported adversely. 6 Hinds 
  Sec. 413; 8 Cannon Sec. 2310; Deschler Ch 17 Sec. 63.3.
      Privileged status is accorded to:

     Reports on Presidential vetoes. Deschler Ch 17 Sec. Sec. 63.1, 
         63.2.
     Reports on impeachments and matter incidental thereto. 
         Deschler Ch 17 Sec. 63.3.
     Reports on questions involving the privileges of the House, 
         such as reports relating to the refusal of a witness to testify 
         or produce documents. Deschler Ch 17 Sec. Sec. 63.4-63.7.
     Reports on resolutions of inquiry. 6 Cannon Sec. 404.
     Reports by those committees specified by clause 5 of rule XIII 
         to report at any time on particular matters, subject to 
         applicable layover requirements. Manual Sec. 855.
     Reports which may be reported at any time by specific 
         authorization of a House resolution. Deschler Ch 17 Sec. 63.10.
     Reports on measures which may be reported at any time pursuant 
         to statute, as in the case of certain resolutions of 
         disapproval. Manual Sec. 1130; Deschler Ch 17 Sec. 63.11 
         (note).

      As noted above, certain committees are, under clause 5 of rule 
  XIII, given leave to report at any time on matters particularized in 
  the rule. Man

[[Page 295]]

  ual Sec. Sec. 853, 855. This privilege to report at any time does not 
  extend to matters not specified by the rule. 4 Hinds Sec. 4622; 8 
  Cannon Sec. 2286. The committees with leave to report at any time on 
  specified matters under this rule are shown in the table below:

 
                                                         Eligible
                                                          Matters
                           Committee                        and
                                                         Measures
 
        Rules                                            Rules,
                                                          joint
                                                          rules,
                                                          and the
                                                          order
                                                          of
                                                          busines
                                                          s.
 
        Appropriations                                   General
                                                          appropr
                                                          iation
                                                          bills,
                                                          certain
                                                          joint
                                                          resolut
                                                          ions
                                                          continu
                                                          ing
                                                          appropr
                                                          iations
                                                          , but
                                                          not
                                                          appropr
                                                          iations
                                                          for
                                                          specifi
                                                          c
                                                          purpose
                                                          s (8
                                                          Cannon
                                                          Sec.  2
                                                          285)
 
        Budget                                           Matters
                                                          under
                                                          titles
                                                          III and
                                                          IV of
                                                          the
                                                          Congres
                                                          sional
                                                          Budget
                                                          Act of
                                                          1974
 
        House Administration                             Enrolled
                                                          bills;
                                                          electio
                                                          n
                                                          contest
                                                          s;
                                                          printin
                                                          g;
                                                          noncurr
                                                          ent
                                                          House
                                                          records
                                                          ;
                                                          expendi
                                                          tures
                                                          of
                                                          applica
                                                          ble
                                                          account
                                                          s of
                                                          the
                                                          House
 
        Ethics                                           Certain
                                                          resolut
                                                          ions
                                                          recomme
                                                          nding
                                                          action
                                                          with
                                                          respect
                                                          to a
                                                          Member,
                                                          officer
                                                          , or
                                                          employe
                                                          e
 

      The right to report at any time is said to carry with it the right 
  to consideration at any time (4 Hinds Sec. 3131), subject to 
  applicable layover requirements (see Sec. 35, infra). However, such 
  right does not exist when in conflict with other rules of the House. 8 
  Cannon Sec. 2291. Measures reported under a leave to report at any 
  time yield to matter enjoying a higher privilege in the order of 
  business, to questions of privilege (Manual Sec. 854; 6 Cannon 
  Sec. 557), and to measures already given a priority by a special order 
  of business (4 Hinds Sec. Sec. 3175, 3176).
      Where a committee has been given the privilege of reporting at any 
  time with respect to a certain matter, it may report Senate bills as 
  well as House bills under the privileged status given. Deschler Ch 17 
  Sec. 63.10.
      Generally, nonprivileged reports are made by delivering them to 
  the Clerk. Manual Sec. 831. Reports privileged under the rules must be 
  made from the floor. Manual Sec. 853; 4 Hinds Sec. 3146; 8 Cannon 
  Sec. Sec. 2230, 2233.

[[Page 296]]

                         Who May Call Up; Reading

      A committee ordinarily authorizes its chair to submit and call up 
  its report. Manual Sec. 834; 4 Hinds Sec. 4669. The chair may do so 
  even though not concurring therein. 4 Hinds Sec. 4670. However, the 
  committee may authorize other members of the committee to present 
  reports, and under some circumstances minority members of the 
  committee have been ordered to present the report of the committee. 4 
  Hinds Sec. Sec. 4669, 4672, 4673; 8 Cannon Sec. Sec. 2314, 2315.
      Reports are not normally read by the Clerk. However, in a few 
  cases, where a report does not accompany a bill or other proposition 
  of action, but presents facts and conclusions under consideration by 
  the House, it is read by the Clerk (such as the predicate for a 
  contempt resolution). Manual Sec. 422.

                                Withdrawal

      The chair of a committee, having made a report to the House in 
  accordance with instructions from the committee, may not withdraw it 
  except by consent of the House. 4 Hinds Sec. 4690; 8 Cannon Sec. 2312. 
  When placed on the calendar, a bill is not subject to further 
  consideration by the committee reporting it. 8 Cannon Sec. Sec. 2218, 
  2307.


  Sec. 35 . Availability (``Layover'') Requirements

      With certain exceptions, clause 4(a) of rule XIII requires that a 
  committee report on a measure or matter be available to Members for 
  three calendar days (excluding Saturdays, Sundays, and legal holidays, 
  unless in session) before the measure may be considered in the House. 
  The rule permits consideration of a measure on the third day a report 
  is available rather than on the fourth day following its availability. 
  Manual Sec. 850. The three-day rule runs anew from the time of 
  availability of a supplemental report to correct a technical error in 
  a previous report, except to correct errors in the depiction of record 
  votes. Clause 3(a) of rule XIII; Deschler Ch 17 Sec. 64.1. A measure 
  or matter made publicly available in electronic form at a location 
  designated by the Committee on House Administration is considered as 
  having been made available to Members. Clause 3 of rule XXIX.

[[Page 297]]

      Clause 4 of rule XIII exempts the following from the three-day 
  layover requirement:

     A resolution from the Committee on Rules providing a rule, 
         joint rule, or order of business (clause 4(a)(2)(A)), such 
         reports being subject to a separate one-day layover requirement 
         unless the House determines by a vote of two-thirds to consider 
         the resolution on the same day (clause 6(a)(1)).
     A resolution from the Committee on House Administration 
         providing committee expenses (clause 4(a)(2)(B)), such reports 
         being subject to a separate one-day layover requirement (clause 
         6(a) of rule X).
     A resolution presenting a question of the privileges of the 
         House. Clause 4(a)(2)(C).
     A measure for the declaration of war or national emergency. 
         Clause 4(a)(2)(D).
     A measure providing approval or disapproval of impending 
         actions or determinations by a government agency. Clause 
         4(a)(2)(E).

      Points of order against consideration of a bill for failure of the 
  report thereon to be available for three days may be waived pursuant 
  to a resolution from the Committee on Rules (see, e.g., 106-1, H. Res. 
  136, Apr. 13, 1999, p 6284), which waiver may be called up the same 
  day reported from Committee on Rules without a two-thirds vote (clause 
  6(a)(2) of rule XIII).


  Sec. 36 . Points of Order Relating to Reports

                                 Generally

      A point of order will lie in the House against consideration of a 
  measure for failure of the committee report on the measure to include 
  any of the reporting requirements outlined in Sec. 29, supra.
      A point of order will also lie in the House against consideration 
  of a measure for failure of the committee report to meet the 
  availability requirements (Sec. 35, supra) and to report a measure 
  without a sufficient quorum (Sec. 21, supra).
      Points of order against consideration for noncompliance with the 
  rules in the preparation of the report should be made in the House. A 
  point of order that a committee report is not in proper form does not 
  lie in the Committee of the Whole. Deschler-Brown Ch 29 Sec. 20.28.
      The Chair does not rule on points of order relating to the 
  sufficiency, insufficiency, or legal effect of committee reports, 
  those being matters for the House to decide. 4 Hinds Sec. 1339; 
  Deschler Ch 17 Sec. Sec. 58.3, 58.4. Similarly, a point of order will 
  not lie against a committee report that included an executive 
  communication on the ground that the communication failed to comply 
  with the statute that required the communication. Deschler Ch 17 
  Sec. 58.1.

[[Page 298]]

      Points of order as to reports on appropriation bills, see 
  Appropriations.

                          Waiving Points of Order

      Points of order against a measure for defects in a committee 
  report may be waived by adoption of a special order of business from 
  the Committee on Rules, an order of the House granted by unanimous 
  consent, and by consideration of the bill under suspension of the 
  rules. Deschler Ch 17 Sec. 58.