[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[C. Committee Procedure]
[Â§ 14. Generally]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2672-2688]
 
                               CHAPTER 17
 
                               Committees
 
                         C. COMMITTEE PROCEDURE
 
Sec. 14. Generally


    Certain of the rules of the House pertain directly to committee 
procedure. All committees and subcommittees are expressly subject to 
House rules as ``far as applicable''; and each committee must adopt 
written adopt written rules ``not inconsistent'' with the rules of the 
House which ``shall be binding'' on each subcommittee thereof. 
Expressly deemed to be part of is parent committee, each subcommittee 
is ``subject to the

[[Page 2673]]

authority and direction to that committee.''(15)
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15. The exception to this rule is that a motion to express from day to 
        day is a motion of high privilege in committees and 
        subcommittees. See Rule XI clauses 1(a), 2(a), House Rules and 
        Manual Sec. Sec. 703(a), 704 (1979).
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    The initial contact of a standing committee with a pubic measure or 
matter within its jurisdiction takes place formally when the Speaker, 
pursuant to his authority under the rules,(16) refers the 
particular measure or matter to the committee. Barring an error of 
reference (~17) resulting in a rereferral, the committee 
then acquires jurisdiction over the measure.
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16. Rule XXII clause 4(a), House Rules and Manual Sec. 854 (1979).
17. Rule XXII clause 4(a), House Rules and Manual Sec. 854 (1979). See 
        also Sec. Sec. 27, 28, infra, and Ch. 16, supra.
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    Standing committees are obliged to adopt written rules establishing 
fixed meeting dates ``not less frequent than monthly'' for the 
transaction of business.(18) Such meetings are ``open to the 
public except when the committee or subcommittee, in open session and 
with a majority present, determines by rollcall vote that all or part 
of the remainder of the meeting on that day shall be closed to the 
public.'' (19) While the chairman of the committee may call 
as many additional meetings ``as he considers necessary,'' 
(1) where three members of a standing committee file a 
written request (2) for a special meeting, and the chairman 
fails to act within prescribed time limits,(3) a majority of 
the committee members may file a written notice in the committee 
offices that a special meeting will be held.(4) If the
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18. Rule XI clause 2(b), House Rules and Manual Sec. 705 (1979).
19. It should be noted, however, that in addition to committee members, 
        such congressional staff and departmental representatives as 
        the committee chooses to authorize (and only such individuals) 
        may be present at any closed business or markup session. This 
        provision does not apply, though, to open committee hearings or 
        any meeting relating solely to internal budget or personnel 
        matters; see Rule XI clause 2(g)(1), House Rules and Manual 
        Sec. 708 (1979).
 1. Rule XI clause 2(c)(1), House Rules and Manual Sec. 705 (1979).
 2. The request, which is addressed to the chairman, must be filed in 
        the committee offices and must specify the measure or matter to 
        be considered. See Rule XI clause 2(c)(2), House Rules and 
        Manual Sec. 705 (1979).
 3. If the chairman desires to call the special meeting, he must 
        announce it within three calendar days of the filing of the 
        request, and he must schedule the special meeting within seven 
        calendar days of the filing.
 4. The notice must specify the date, the hour, and the measure or 
        matter to be considered. Only the matter specified in the 
        notice may be considered.
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[[Page 2674]]

chairman is not present at any meeting of the committee, the meeting is 
chaired by the ranking member of the majority party who is 
present.(5) Since 1971, committees have been permitted to 
sit while the House was in session,(6) although only certain 
committees may sit without special leave while the House is reading a 
measure for amendment under the five-minute rule.(7~) In 
1977, the rule was amended to permit committees to sit during any 
period for which the legislative schedule has been announced by the 
leadership, unless 10 or more Members object.
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 5. Rule XI clause 2(d), House Rules and Manual Sec. 705 (1979).
 6. See Sec. 16, infra.
 7. See Rule XI clause 2(i), House Rules and Manual Sec. 710 (1979).
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    Committee procedures regarding records, hearings, and reports are 
extensively detailed in the rules. A complete record is required of all 
committee action.(8) Each committee must make available for 
public inspection at reasonable times the result of every rollcall vote 
taken at any committee meeting; this information must include a 
description of the proposition and the names of all members voting for 
and against ``whether by proxy (9) or in person,'' as well 
as the names of those present but not voting.(10) Where a 
committee casts a record vote to report any public bill or resolution, 
the committee report must contain the total number of votes cast for 
and against the reporting out of the measure. Testimony from committee 
hearings, as well as the committee's records, data, charts, and files 
must be ``kept separate and distinct'' from the congressional office 
records of the chairman of the committee.(11) The testimony 
and data may be printed and bound by the committee, and are regarded as 
the property of the House--with reasonable access to be made available 
to all Members.
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 8. Rule XI clause 2(e)(1), House Rules and Manual Sec. 706 (1979).
 9. Although the House, of course, does not allow the use of proxy 
        votes on the floor, the rules do permit their use in committees 
        subject to certain restrictions. See Rule XI clause 2(f), House 
        Rules and Manual Sec. 707 (1979).
10. Rule XI clause 2(e)(1), House Rules and Manual Sec. 706 (1979).
11. Rule XI clause 2(e)(2), House Rules and Manual Sec. 706 (1979).
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    Committee hearings are governed by many provisions of the House 
rules. Each committee (12) must make public announcement of 
the date, place, and subject

[[Page 2675]]

matter of any hearing it plans to conduct at least one week before the 
commencement of the hearing unless the committee finds good cause to 
begin the hearing sooner, in which event the announcement must be made 
at the earliest possible date.(13) The announcement is then 
published in the daily digest portion of the Congressional Record. At 
the commencement of an investigative hearing, the chairman must 
announce in an opening statement the subject of the 
investigation.(14)
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12. Except the Committee on Rules.
13. Rule XI clause 2(g)(3), House Rules and Manual Sec. 708 (1979).
14. Rule XI clause 2(k)(1), House Rules and Manual Sec. 712 (1979).
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    As with committee meetings for the transaction of business, any 
determination to close a committee hearing to the public must be made 
in open session, with a majority present, and by roll call vote; 
(15) however, the reasons for such action are expressly 
limited to those circumstances (1) in which disclosure of matters to be 
considered would endanger the national security or violate a law or 
rule of the House, or (2) where evidence may ten`1 to defame, degrade, 
or incriminate any person. Each committee is obliged to require, ``so 
far as practicable,'' (16) that each prospective witness 
file a written statement of his proposed testimony in advance and limit 
his oral presentation to a summary thereof. In the committee's 
discretion, witnesses may also submit brief, sworn statements in 
writing for inclusion in the record.(17) They may be 
accompanied by their own counsel for the purpose of being advised of 
their constitutional rights.(18)
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15. Rule XI clause 2(g)(2), House Rules and Manual Sec. 708 (1979).
16. Rule XI clause 2(g)(4), House Rules and Manual Sec. 708 (1979).
17. Rule XI clause 2(k)(8), House Rules and Manual Sec. 712 (1979).
18. Rule XI clause 2(k)(3), House Rules and Manual Sec. 712 (1979).
            The following paragraph, excerpted from the Committee on 
        Internal Security's ``Rules of Committee Procedure'' for the 
        91st Congress, may be helpful in understanding the limited role 
        of counsel as well as the absence of the adversarial process at 
        committee hearings.
            ``The rules of legislative bodies and their committees 
        differ from those of courts. The procedures of any body must be 
        geared to its purpose. Courts have one purpose, Congressional 
        Committees another. Courts conduct trials to determine guilt or 
        innocence, or to adjudicate rights. Court proceedings are 
        adversary in nature; committee proceedings are not. Committees 
        hold hearings to develop information that will assist in the 
        enactment of legislation. Courtroom procedures are not followed 
        in Congressional hearings or vice versa, because any attempt to 
        apply the rules of one to the other would tend to frustrate the 
        attainment of the different purposes for which they were 
        created. Court procedures governing the reception of evidence 
        and the examination of witnesses are not binding on the 
        Committees of the Congress.''
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[[Page 2676]]

However, the chairman and the committee are empowered by the rules to 
take specified measures in the event of a breach either of order and 
decorum or professional ethics on the part of counsel.(19)
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19. Rule XI clause 2(k)(4), House Rules and Manual Sec. 712 (1979).
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    Witnesses are entitled to a copy of the committee rules, if any, as 
well as a copy of the clause governing committee 
hearings.(20) They may also obtain transcripts of their 
public testimony--committee authorization being required for 
transcripts of their executive session testimony.(1)
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20. Rule XI clause 2(k)(2), House Rules and Manual Sec. 712 (1979).
 1. Rule XI clause 2(k)(9), House Rules and Manual Sec. 712 (1979).
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    Every committee may fix a particular number of its members to 
constitute a quorum for purposes of taking testimony and receiving 
evidence, but under no circumstances may this number be less than 
two.(2) Where, prior to the completion of a committee 
hearing, a majority of the minority party members address a request to 
the chairman to call witnesses of their own selection to testify about 
the subject under consideration, those members are entitled to ``at 
least one day of hearing thereon.'' Moreover, all committees must 
provide in their rules of procedure for the application of the five-
minute rule in the interrogation of witnesses ``until such time as each 
member of the committee who so desires has had an opportunity to 
question the witness.'' (3) If it is asserted that evidence 
or testimony at an investigatory hearing may tend to defame, degrade, 
or incriminate any person, such evidence or testimony shall be 
presented in executive session if, by a majority of those present (the 
requisite number required under the committee rules for the purpose of 
taking testimony being present) the committee determines that such 
evidence or testimony may tend to defame, degrade, or incriminate any 
person. However, the committee shall proceed to receive such testimony 
in open session only if a majority of the members, a majority being 
present, determine that such evidence or testimony will not tend to 
defame, degrade, or incriminate any person.
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 2. Rule XI clause 2(h)(1), House Rules and Manual Sec. 709 (1979).
 3. Rule XI clauses 2(j)(1) and 2(j)(2), House Rules and Manual 
        Sec. 711 (1979).
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[[Page 2677]]

In either case, the committee shall afford such person an opportunity 
to appear as a witness, and receive and dispose of requests from such 
person to subpena additional witnesses.(4) The committee 
chairman normally receives all requests to subpena additional 
witnesses,(5) and requests under this provision are disposed 
of by the committee. No evidence or testimony taken in executive 
session may be released or used in public sessions without the consent 
of the committee.(6)
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 4. Rule XI clause 2(k)(5), House Rules and Manual Sec. 712 (1979).
 5. Rule XI clause 2(k)(6), House Rules and Manual Sec. 712 (1979).
 6. Rule XI clause 2(k)(7), House Rules and Manual Sec. 712 (1979).
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    If a committee member intends to raise a point of order on the 
ground that the hearings on a measure were in violation of the 
committee hearing provisions of the rules,(7) such a point 
of order will not ultimately lie at the time the committee reports the 
measure unless the point of order was timely raised in the committee 
and improperly overruled or not, properly considered.
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 7. Rule XI clause 2(g)(5), House Rules and Manual Sec. 708 (1979).
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    The House has adopted a number of provisions in the rules 
pertaining to the conduct of media coverage of committee hearings open 
to the public. The intent of the rules is to provide ``for the 
education, enlightenment, and information of the general public on the 
basis of accurate and impartial news coverage.'' (8) It is 
also the rules' intent that radio and television tapes and television 
film not be used, or made available for use, as partisan political 
campaign material either to promote or to oppose the candidacy of any 
person for elective public office.(9) Moreover, the conduct 
of all individuals including committee members, staff, government 
officials and personnel, witnesses, members of the press, and the 
general public must be in ``strict conformity with and observance of 
the acceptable standards of dignity, propriety, courtesy, and decorum 
traditionally observed by the House.'' (10) The rules 
specify that individuals' behavior must not be such as to ``distort the 
objects and purposes of the hearings'' or to ``cast discredit or 
dishonor on the House, the committee, or any Member.'' Media coverage 
of committee hearings, the rules additionally point out, is

[[Page 2678]]

``a privilege made available by the House'' (11) and is 
permissible only if undertaken in ``strict conformity'' with the 
requirements laid down by the House.
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 8. Rule XI clause 3(a)(1), House Rules and Manual Sec. 720 (1979).
 9. Rule XI clause 3(b), House Rules and Manual Sec. 720 (1979).
10. Rule XI clause 3(c) House Rules and Manual Sec. 721 (1979).
11. Rule XI clause 3(d), House Rules and Manual Sec. 721 (1979).
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    In addition to the general requirements described above, the rules 
mandate highly specific directions to be followed by the media in 
covering a hearing. While any committee conducting a hearing open to 
the public may decide by majority vote to allow such media coverage as 
the committee chooses,(12) the committee must have adopted 
written rules pertaining thereto. Such rules must contain provisions 
prohibiting the following: (13) (1) any commercial 
sponsorship where the hearings are presented as live television or 
radio coverage; (2) the photographing, televising, or broadcasting of 
subpenaed witnesses against their will; (3) the use of more than four 
television cameras (each of which must occupy a fixed position); (4) 
the obstruction in any way by television cameras of the space between 
any witness and any member of the committee; (5) the placement of 
television cameras which unnecessarily obstruct coverage by other 
media; (6) the installation or removal of television or radio equipment 
while the committee is in session; (7) the use of floodlights, 
spotlights, strobelights, or flashguns in providing coverage; 
(14) (8) the presence of more than five still photographers 
from the press; (9) the intrusion, at any time, by photographers of the 
space between the witness table and the members of the committee; (10) 
the unnecessary obstruction by photographers of coverage by other 
media; (11) any coverage by television or radio personnel not then 
currently accredited to the Radio and Television Correspondents' 
Galleries; (12) any coverage by still photographers not then accredited 
to the Press Photographers' Gallery; and (13) any coverage by 
television, radio, or still photography personnel which fails to be 
orderly and unobtrusive.
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12. Rule XI clause 3(e), House Rules and Manual Sec. 722 (1979).
13. Rule XI clauses 3(f) (1)-(13), House Rules and Manual 
        Sec. Sec. 723-725 (1979).
14. Though the television media may raise the ambient lighting level to 
        ``the lowest level necessary'' to provide adequate coverage; 
        Rule XI clause 3(f)(7), House Rules and Manual Sec. 723 (1979).
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    Parliamentarian's Note: While the rule does not specifically 
address electronic taping of open meetings and hearings by persons not 
accredited to the Correspond

[[Page 2679]]

ents' Gallery, such taping is not permitted except by express 
permission of the committee.
    No measure or recommendation may be reported from any committee 
unless a majority of the committee were actually 
present.(15) Committee members may use proxy votes, however, 
providing that their committee has adopted a written rule permitting 
proxies which requires each such authorization to be in writing 
asserting that the Member is absent on official business or is 
otherwise unable to attend the meeting and designating the person who 
may cast the vote, and limiting the exercise of the proxy to a specific 
measure or matter and any amendments or motions pertaining 
thereto.(16) Any bill or resolution reported by a committee 
must be accompanied by a written report which shall be 
printed.(17)
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15. Rule XI clause 2(l) (2)(A), House Rules and Manual Sec. 713(c) 
        (1979). See also Sec. 23, infra.
16. Rule XI clause 2(f), House Rules and Manual Sec. 707 (1979).
17. Rule XVIII clause 2, House Rules and Manual Sec. 821 (1979).
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    Each committee chairman is under an affirmative duty to report or 
cause to be reported promptly to the House any measure approved by his 
committee; this duty extends to taking ``the necessary steps to bring 
the matter to a vote.(18) However, the report of any 
committee (19) ``shall be filed within seven calendar days 
[emphasis added]'' (20) after the day on which the committee 
clerk has received a written request signed by a majority of committee 
members calling for the reporting of that measure.
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18. Rule XI clause 2(l) (1)(A), House Rules and Manual Sec. 713(a) 
        (1979).
19. This provision does not apply to the Committee on Rules; Rule XI 
        clause 2(l)(1)(B), House Rules and Manual Sec. 713(a) (1979). 
        Nor does this provision apply to the Committee on 
        Appropriations prior to compliance with Rule XI clause 
        2(l)(1)(C), requiring complete subcommittee markup and full 
        committee action on all regular appropriation bills for that 
        year and submission to the House of a summary report comparing 
        the committee's recommendations with the appropriate levels of 
        budget outlays and new budget authority as set forth in the 
        most recently agreed to concurrent resolution on the budget for 
        that year.
20. This time period is ``exclusive of days on which the House is not 
        in session;'' Rule XI clause 2(l)(1)(B), House Rules and Manual 
        Sec. 713(a) (1979).
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    If any committee member, at the time a measure or matter is 
approved by the committee,(1)
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 1. Rule XI clause 2(l)(5), House Rules and Manual Sec. 714 (1979). 
        This provision does not apply to the Committee on Rules.
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[[Page 2680]]

gives notice of his intent to file any additional views, he has at 
least three calendar days (2) in which to file such views, 
in writing and signed, with the committee clerk. All of such views 
filed by one or more committee members must comprise an actual part of 
the committee report on the measure. Moreover, the report must be 
printed in a single volume which, in addition to containing all timely 
submitted additional views, must also ``bear upon its cover a recital 
that supplemental, minority, or additional views are included as part 
of the report.'' None of these requirements, however, precludes the 
immediate filing or printing of a committee report where no timely 
request is made to file additional views or where the committees filing 
of a supplemental report is required for the correction of any 
technical error in the previous report.
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 2. This time period excludes Saturdays, Sundays, and legal holidays.
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    Except for those reports which are privileged under the rules 
(3) all committee reports together with the views of the 
minority must be delivered to the Clerk for printing and reference to 
the proper calendar under the direction of the Speaker.(4) 
Should a bill be adversely reported it is laid on the table unless the 
committee reporting the bill at the time or any Member within three 
days thereafter requests its reference to the calendar.(5)
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 3. See Rule XI clause 4(a), House Rules and Manual Sec. 726 (1979).
 4. Rule XIII clause 2, House Rules and Manual Sec. 743 (1979).
 5. Rule XIII clause 2, House Rules and Manual Sec. 744 (1979).
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    Where a measure would repeal or amend any statute or part thereof, 
the committee must include in its accompanying report: (a) the relevant 
portion of the statute which is proposed to be repealed; and (b) a 
comparative print of that portion of the measure making the amendment 
and of that part of the statute proposed to be amended using 
typographical devices to indicate the omissions and insertions that are 
proposed.(6) Additionally the report accompanying each bill 
or joint resolution of a public char
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 6. If the committee reports a bill or joint resolution with amendments 
        or an amendment in the nature of a substitute for the entire 
        bill, the report must include a comparative print showing any 
        changes in existing law, proposed by the amendments or 
        substitute instead of as in the bill as introduced; see Rule 
        XIII clause 3, House Rules and Manual Sec. 745 (1979).
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[[Page 2681]]

acter reported by any committee (with specified exceptions) must 
contain: (7) (a) in the case of measures affecting the 
revenues, a committee estimate of the gain or loss in revenues for a 
one-year period; (b) in all other cases, a committee estimate of the 
prospective cost of carrying out a measure in the fiscal year it is 
reported and in each of the five fiscal years following that fiscal 
year; (8) and (c) a comparison of the committee estimate 
with any estimate made by any government agency and submitted to the 
committee.(9) If these estimate requirements are not within 
the report of the committee reporting such a measure, the measure's 
consideration ``shall not be in order.''(10) The Committee 
Reform Amendments imposed, effective Jan. 3, 1975, some additional 
requirements on the contents of reports (see Sec. 58, infra).
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 7. Rule XIII clause 7, House Rules and Manual Sec. 748b (1979). This 
        provision does not apply to the Committee on Appropriations, 
        the Committee on House Administration, the Committee on Rules, 
        and the Committee on Standards of Official Conduct.
 8. If the program does not extend to five years, then the estimate 
        need only cover the authorized duration period.
 9. The rule defines a government agency as including ``any department, 
        agency, establishment, wholly owned Government corporation, or 
        instrumentality of the Federal Government or the government of 
        the District of Columbia.'' See Rule XIII clause 7(c), House 
        Rules and Manual Sec. 748b (1979).
10. Rule XIII clause 7(1), House Rules and Manual Sec. 748b (1979).
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    Prior to House consideration of a measure or matter reported by a 
committee, there are certain other procedural steps which must be 
undertaken. With certain exceptions, no measure or matter reported by 
any committee may be considered in the House (11) until the 
third calendar day (12) after the particular committee 
report has been made available to House Members. In addition, if the 
committee held hearings on the matter, it must take ``every reasonable 
effort to have such hearings printed and available for distribution to 
the Members'' prior to
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11. Rule XI clause 2(l)(6), House Rules and Manual Sec. 715 (1979). 
        Under Rule XXI clause 7, House Rules and Manual Sec. 848 (1979) 
        no general appropriation bill may be considered in the House 
        until printed committee hearings and a committee report thereon 
        have been available for the Members of the House for at least 
        three calendar days (excluding Saturdays, Sundays, and legal 
        holidays).
12. Excluding Saturdays, Sundays, and legal holidays; Rule XI clause 
        2(1) (6), House Rules and Manual Sec. 715 (1979).
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[[Page 2682]]

House consideration of the matter.(13) If, within seven 
calendar days after a measure has, by resolution, been made in order 
for consideration by the House, no motion has been offered that the 
House consider that measure, the Speaker may, in his discretion, 
recognize any member of the committee which reported that measure to 
offer a motion that the House shall consider that measure, if that 
committee has duly authorized that member to offer that 
motion.(14)
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13. Exceptions to this include any measure for the declaration of war 
        or the declaration of a national emergency and any executive 
        action which would become or remain effective unless 
        disapproved by one or both Houses of Congress; Rule XI clause 
        2(1)(6), House Rules and Manual Sec. 715 (1979).
14. Rule XI clause 2(l) House Ruless and Manual Sec. 717 (1979).
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    House rules setting forth the order of business (15) 
provide for a ``morning hour for the consideration of bills called up 
by committees.'' (16) After unfinished business is disposed 
of and in the absence of any privileged interruptions,(17) 
the Speaker is directed by the rules (18) to ``call each 
standing committee in regular order, and then select committees.'' Each 
committee when named may call up for consideration any bill reported by 
it on a previous day and on the House Calendar. If the call of the 
committees is not completed before the House passes to other business, 
the Speaker resumes the next call where he left off, giving preference 
to the last bill under consideration. However, if any committee has 
occupied the morning hour for two days, it is not in order to call up 
any other bill until the other committees have been called in their 
turn.
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15. For more extensive coverage of this subject, see Ch. 21, infra.
16. Rule XXIV clause 1, House Rules and Manual Sec. 878 (1979).
17. There are many privileged matters which may interrupt the order of 
        business. See House Rules and Manual Sec. 880 (1979).
18. Rule XXIV clause 4, House Rules and Manual Sec. 889 (1979).
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    The ``morning hour'' provisions are but one method (and one 
infrequently utilized) through which committees call up for 
consideration the measures they have reported. There are several other 
procedures for bringing reported bills before the House which bypass 
the regular order of business. These include (1) consideration pursuant 
to a unanimous-consent request; (2) the offering of a motion by 
direction of the Committee on Appropriations that the House resolve 
itself into the Committee

[[Page 2683]]

of the Whole for the consideration of a general appropriation bill; 
(1) (3) the calling up of a conference report; 
(2) (4) the reporting of a special order by the Committee on 
Rules for the immediate consideration of a measure by the House; 
(3) (5) the consideration of privileged bills reported under 
the right to report at any time; (4) (6) the call of 
committees on [Calendar] Wednesdays for the consideration of bills on 
the House and Union Calendars; (5) (7) the consideration of 
measures on the Private Calendar on the first and third Tuesdays of 
each month; (6) (8) the offering of motions to discharge 
committees from public bills and resolutions on the second and fourth 
Mondays of each month; (7) (9) the consideration of measures 
reported by the Committee on the District of Columbia on the second and 
fourth Mondays of each month; (8) (10) the consideration of 
bills on the Consent Calendar on the first and third Mondays of each 
month; (~9~) (11) the making of a motion to suspend the 
rules and pass bills on the first and third Mondays of each month and 
on the Tuesdays immediately following those days; (10) and 
(12) the consideration of bills coming over from a previous day with 
the previous question ordered.(11)
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 1. See Rule XVI clause 9, House Rules and Manual Sec. 802 (1979), and 
        Rule X clause 1 (b)(1), House Rules and Manual Sec. 671(a) 
        (1979). Rule XI clause 4(a), House Rules and Manual Sec. 726 
        (1979) (H. Res. 988, 93d Cong. 2d Sess.) removed the privileged 
        status of reports on bills raising revenue reported from the 
        Committee on Ways and Means. Rule XVI clause 9 does not bestow 
        privilege on revenue bills, but merely relates to their place 
        in the order of business when otherwise in order.
 2. See Rule XXVIII clause 1(a), House Rules and Manual Sec. 909 
        (1979).
 3. See Rule XI clause 4(a), House Rules and Manual Sec. 726 (1979).
 4. See Rule XI clause 4(a), House Rules and Manual Sec. 726 (1979).
 5. See Rule XXIV clause 7, House Rules and Manual Sec. 897 (1979).
 6. See Rule XXIV clause 6, House Rules and Manual Sec. 893 (1979).
 7. See Rule XXVII clause 4, House Rules and Manual Sec. 908 (1979); 
        see also Ch. 18, infra.
 8. See Rule XXIV clause 8, House Rules and Manual Sec. 899 (1979).
 9. See Rule XIII clause 4, House Rules and Manual Sec. 746 (1979).
10. In the 95th Congress, the rule was amended to permit the Speaker to 
        recognize for such motions on every Monday and Tuesday (H. Res. 
        5, Jan. 4, 1977). See Rule XXVII clause 1, House Rules and 
        Manual Sec. 902 (1979).
11. See note to Rule XXIV clause 3, House Rules and Manual Sec. 887 
        (1979).
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    The selection, duties, remuneration, and status of committees' 
professional staff members are

[[Page 2684]]

also subject to certain procedural requirements specified in the rules.
    With the exceptions of the Committee on Appropriations and the 
Committee on the Budget, all standing committees are granted 
authorization for the payment of their expenses, other than those 
expenses to be paid from appropriations provided by statute, through 
the means of primary expense resolutions and, if necessary, additional 
expense resolutions during the year.(12) This information is 
discussed at length in the immediately preceding section. The primary 
expense resolution is intended to provide funds from the contingent 
fund of the House to pay committee expenses for the particular year. No 
primary expense resolution may be considered unless a printed report 
from the Committee on House Administration on the measure has been 
available to the Members for at least one calendar day prior to its 
consideration in the House. The report must state the total amount of 
funds sought for all anticipated activities and programs of the 
committee as well as a breakdown, to the extent practicable, of the 
foreseeable expenditures for the anticipated activities and programs of 
the committee.(~13) If the primary expense resolution has 
been adopted by the House, and thereafter the committee needs 
additional funds for expenses, such funding may be procured by one or 
more additional expense resolutions.(14~) An additional 
expense resolution may not be considered unless a report on the 
resolution has been available to Members for at least one calendar day 
prior to its consideration in the House. The report must state the 
total amount of additional funds sought by the committee, the purpose 
or purposes for which additional funding is necessary, and the reason 
or reasons for failure to procure the additional funds through the 
primary resolution.(15)
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12. Rule XI clause 5, House Rules and Manual Sec. 732(a) (1979). 
        Excluded from the provisions of the rule are certain 
        resolutions relating to the payment of a committee's expenses 
        prior to adoption of the committee's primary expense 
        resolution; and any resolution providing, in any Congress, for 
        payment of specified additional expenses for all standing 
        committees of the House, ``subject to and until enactment of 
        the provisions of the resolution as permanent law.'' Rule XI 
        clause 5(c), House Rules and Manual Sec. 732(c)(1979).
13. Rule XI clauses 5(a) (1) and (2), House Rules and Manual 
        Sec. 732(b) (1979).
14. Rule XI clause 5(b), House Rules and Manual Sec. 732(c) (1979).
15. Prior to the 94th Congress, both primary expense resolutions and 
        additional expense resolutions must have granted certain 
        considerations in the appointment of committee staff personnel 
        to the minority party members on a committee. See note to Rule 
        XI clause 5, House Rules and Manual Sec. 732(e) (1979).

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[[Page 2685]]

    The rules (16) provide that each standing committee 
(17) ``shall review and study, on a continuing basis, the 
application, administration, and execution of those laws, or parts of 
laws, the subject matter of which is within the jurisdiction of that 
committee.'' (18)
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16. Rule X clause 2, House Rules and Manual Sec. 692(a) (1979).
17. With the exception of the Committees on Appropriations and the 
        Budget; Rule X clause 2(b)(1), House Rules and Manual 
        Sec. 692(a) (1979).
18. See Rule X clause 2, House Rules and Manual Sec. Sec. 692(a), 
        692(b) (1979). For the practice regarding general oversight 
        responsibilities prior to the 94th Congress, see the note to 
        Rule X clause 2.
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    In the course of consideration of all bills and joint resolutions 
of a public character within its jurisdiction, each committee must 
``endeavor to insure'' that all continuing programs of the federal 
government (and of the government of the District of Columbia) within 
its jurisdiction, are designed, and all continuing activities of 
government agencies, within the committee's jurisdiction, are carried 
on ``so that, to the extent consistent with the nature, requirements, 
and objectives of those programs and activities, appropriations 
therefor will be made annually.'' (19) Moreover, each 
standing committee is obliged to review ``from time to time'' all 
continuing programs within its jurisdiction for which appropriations 
are not made annually in order to ascertain whether such programs could 
be modified so that appropriations therefor would be made annually 
(20~) The Committee Reform Amendments of 1974 imposed, 
effective Jan. 3, 1975, new general and specific oversight activities 
on committees.\1\
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19. Rule X clause 4(f)(1), House Rules and Manual Sec. 699(a) (1979) .
20. Rule X clause 4(f)(2), House Rules and Manual Sec. 699(a) (1979).
 1. See Rule X clauses 2, 3, and 4, added by H. Res. 988, 93d Cong. 2d 
        Sess., House Rules and Manual Sec. Sec. 692(a)-699(c) (1979).
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    The House rules provide that each committee clerk must, within 
three days of the final adjournment of a Congress, deliver to the Clerk 
of the House ``all bills, joint resolutions, petitions, and other 
papers referred to the committee, together with all evidence'' taken by 
the committee pursuant to House authorization during the Congress and 
not reported to the House. Moreover, if for any reason any committee 
clerk fails to com

[[Page 2686]]

ply with this rule, the Clerk of the House is obliged, within three 
days thereafter, to ``take into his keeping all such papers and 
testimony.'' The rules further provide that at the close of each 
Congress, the Clerk of the House must obtain all noncurrent records of 
each committee (and of the House) and transfer them to the General 
Services Administration ``for preservation subject to the order of the 
House.'' (2)
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 2. Rule XXXVI clauses 1 and 2, House Rules and Manual Sec. 932 (1979).
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                          Collateral Reference
Leading Cases on Congressional Investigatory Power, compiled by the 
    Joint Committee on Congressional Operations, Committee Print, 94th 
    Cong. 2d Sess., Jan. 
    1976.                          -------------------

Five-minute Rule for Interrogation of Witnesses

Sec. 14.1 The 92d Congress added a new provision to the rules requiring 
    committees to apply the five-minute rule during interrogation of 
    witnesses until each member has had the opportunity to question 
    each witness.

    On Jan. 21, 1971,(3) the House entertained consideration 
of a resolution (H. Res. 5) which provided, in part:
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 3. 117 Cong. Rec. 14, 92d Cong. 1st Sess.
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        That the Rules of the House of Representatives of the Ninety-
    first Congress, together with all applicable provisions of the 
    Legislative Reorganization Act of 1946, as amended, and the 
    Legislative Reorganization Act of 1970, be, and they are hereby 
    adopted as the Rules of the House of Representatives of the Ninety-
    second Congress, with the following amendments as part thereof. . . 
    .

    Among the amendments referred to therein was the following:

        In clause 27(f)(4) of Rule XI,(4) insert the 
    following new sentence at the end thereof:
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 4. This clause then read [Rule Xl clause 27(f)(4), House Rules and 
        Manual Sec. 735(f)(4) (1971)] as follows:
            ``(4) Whenever any hearing is conducted by any committee 
        upon any measure or matter, the minority party members on the 
        committee shall be entitled, upon request to the chairman by a 
        majority of those minority party members before the completion 
        of such hearing, to call witnesses selected by the minority to 
        testify with respect to that measure or matter during at least 
        one day of hearing thereon.''
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        ``All committees shall provide in their rules of procedure for 
    the application of the 5 minute rule in the interrogation of 
    witnesses until such time as each member of the committee who so 
    desires has had an opportunity to question the witness.''

    Further consideration of the proposal having been put over

[[Page 2687]]

until the next day, the resolution (H. Res. 5) was adopted on Jan. 22, 
1971,(5) and the rule was amended, accordingly.
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 5. 117 Cong. Rec. 144, 92d Cong. 1st Sess.
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Increasing Witnesses' Compensation

Sec. 14.2 In the 91st Congress, the rules of the House were amended to 
    increase the fee of witnesses subpenaed by its committees from $9 
    to $20 per day, and their travel expenses from 7 cents per mile to 
    12 cents per mile.

    On Aug. 12, 1969,(6) by direction of the Committee on 
Rules, Mr. Spark M. Matsunaga, of Hawaii, called up a resolution (H. 
Res. 495), and asked for its immediate consideration.
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 6. 115 Cong. Rec. 23354, 23355, 91st Cong. 1st Sess.
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    The Clerk then read the resolution, as follows:

        Resolved, That rule XXXV of the Rules of the House of 
    Representatives is amended to read as follows:

                                ``RULE XXXV.

                            ``PAY OF WITNESSES.

        ``The rule for paying witnesses subpenaed to appear before the 
    House or any of its committees shall be as follows: For each day a 
    witness shall attend, the sum of twenty dollars; and actual 
    expenses of travel in coming to or going from the place of 
    examination, not to exceed twelve cents per mile; but nothing shall 
    be paid for travel when the witness has been summoned at the place 
    of examination.''

    In the ensuing discussion, Mr. Richard H. Ichord, of Missouri, 
pointed out that the then-prevailing rule (7) was ``woefully 
inadequate'' (8) inasmuch as subpenaed witnesses were only 
allotted $9 per day for each day of attendance and 7 cents per mile for 
the distance they were obliged to travel. He noted additionally that:
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 7. Rule XXXV had read [H. Jour. 1324 90th Cong. 2d Sess. (1968)] as 
        follows:
            ``The rule for paying witnesses subpenaed to appear before 
        the House or either of its committees shall be as follows: For 
        each day a witness shall attend, the sum of nine dollars; for 
        each mile he shall travel in coming to or going from the place 
        of examination, the sum of seven cents each way; but nothing 
        shall be paid for traveling when the witness has been summoned 
        at the place of trial.''
 8. 115 Cong. Rec. 23355, 91st Cong. 1st Sess.
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        . . . A night's lodging in Washington in even modest 
    accommodations cannot conceivably be secured for anything in the 
    vicinity of $9; and this would leave the matter of meals, taxis, 
    and so forth, still unaccounted for. The rate of 7 cents per mile 
    is inadequate for the payment of air fare, except for travel from 
    the Far West.

[[Page 2688]]

    The resolution was agreed to shortly thereafter.(9)
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 9. Id. at p. 23356.
            In the 94th Congress, the House amended Rule XXXV by 
        removing the $20 per diem and 12 cents per mile limits on pay 
        for subpenaed House and committee witnesses and setting the 
        amount at the same rate fixed by the Committee on House 
        Administration for Members' and employees' travel, to be paid 
        to all witnesses whether or not subpenaed. See Deschler's 
        Procedure, Ch. 17 Sec. 11.4 (95th Cong.).
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