[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
[104th Congress]
[House Document 103-342]
[Rules of the House of Representatives]
[Pages 451-515]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 451]]
Rule XI.
RULES OF PROCEDURES FOR COMMITTEES.
In General
| Sec. 703a. Committee procedure. | 1. (a)(1) The Rules of the House are the rules of its committees and subcommittees so far as applicable, except that a motion to recess from day to day, and a motion to dispense with the first reading (in full) of a bill or resolution, if printed copies are available, are nondebatable motions of high privilege in committees and subcommittees. |
| Sec. 703b. Investigative authority. | (b) Each committee is authorized at any time to conduct such investigations and studies as it may consider necessary or appropriate in the exercise of its re |
| Sec. 703c. Printing and binding. | (c) Each committee is authorized to have printed and bound testimony and other data presented at hearings held by the committee. All costs of stenographic services and transcripts in connection with any meeting or hearing of a committee shall be paid from the contingent fund of the House. |
| Sec. 703d. Activity reports. | (d)(1) Each committee shall submit to the House not later than January 2 of each odd-numbered year, a report on the activities of that committee under this rule and rule X during the Congress ending on January 3 of such year. |
| 704a. Committee rules. | 2. (a) Each standing committee of the House shall adopt written rules governing its procedure. Such rules-- |
| Sec. 704b. Committee Procedure generally. | Failure to follow certain procedural requirements imposed on committees by this rule may invalidate committee actions. Violation of the requirements as to open meetings and hearings and other hearing irregularities improperly overruled (see clause 2(g)(5) of rule XI) or the prescribed committee procedures for reporting bills and resolutions (clause 2(1) of rule XI) or failure to adhere to the prohibition against committees meeting without permission while the House is operating under the five-minute rule (clause 2(i) of rule XI) |
| 705. Committee meetings. | (b) Each standing committee of the House shall adopt regular meeting days, which shall be not less frequent than monthly, for the conduct of its business. Each such committee shall meet, for the consideration of any bill or resolution pending before the committee or for the transaction of other committee business, on all regular meeting days fixed by the committee, unless otherwise provided by written rule adopted by the committee. |
| 706a. Required records. | (e)(1) Each committee shall keep a complete record of all committee action which shall include-- |
| Sec. 706b. Public availability. | (B) a record of the votes on any question on which a rollcall vote is demanded. The result of each such rollcall vote shall be made available by the committee for inspection by the public at reasonable times in the offices of the committee. Information so available for public inspection shall include a description of the amendment, motion, order, or other proposition and the name of each Member voting for and each Member voting against such amendment, motion, order, or proposition, and the names of those Members present but not voting. |
| Sec. 706c. Committee files. | (2) All committee hearings, records, data, charts, and files shall be kept separate and distinct from the congressional office records of the Member serving as chairman of the committee; and such records shall be the property of the House and all Members of the House shall have access thereto, except that in the case of records in the Committee on Standards of Official Conduct respecting the conduct of any Member, officer, or employee of |
| 707. Ban on proxies. | (f) No vote by any member of any committee or subcommittee with respect to any measure or matter may be cast by proxy. |
| 708. | (g)(1) Each meeting for the transaction of business, including the markup of legislation, of each standing committee or subcommittee thereof shall be open to the public, including to radio, television, and still photography coverage, except as provided by clause 3(f)(2), 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 because disclosure of matters to be considered would endanger national security, would compromise sensitive law enforcement information, would tend to defame, degrade or incriminate any person, or otherwise would violate any law or rule of the House: Provided, however, That no person other than members of the committee and such congressional staff and such departmental representatives as they may authorize shall be present at any business or markup session which has been closed to the public. This paragraph does not apply to open committee hearings which are provided for by clause 4(a)(1) of rule X or by subparagraph (2) of this paragraph. |
| 709. Quorum of two; of onethird. | (h)(1) Each committee may fix the number of its members to constitute a quorum for taking testimony and receiving evidence which shall be not less than two. |
| 710. Committees not to sit. | (i)(1) No committee of the House (except the Committee on Appropriations, the Committee on the Budget, the Committee on Rules, the Committee on Standards of Official Conduct, and the Committee on Ways and Means) may sit, without special leave, while the House is reading a measure for amendment under the five-minute rule. For purposes of this paragraph, special leave will be granted unless ten or more Members object; and shall be granted upon the adoption of a motion, which shall be highly privileged if offered by the majority leader, granting such leave to one or more committees. |
| 711. | (j)(1) 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 them before the completion of the hearing, to call witnesses selected by the minority to testify with respect to that measure or matter during at least one day of hearing thereon. |
| 712. | (k)(1) The chairman at an investigative hearing shall announce in an opening statement the subject of the investigation. |
| 713a. Chairman's duty. | (l)(1)(A) It shall be the duty of the chairman of each committee to report or cause to be reported promptly to the House any measure approved by the committee and to take or cause to be taken necessary steps to bring the matter to a vote. |
| Sec. 713b. Filing by majority of Committee. | (B) In any event, the report of any committee on a measure which has been approved by the committee shall be filed within seven calendar days (exclusive of days on which the House is not in session) after the day on which there has been filed with the clerk of the committee a written request, signed by a majority of the members of the committee, for the reporting of that measure. Upon the filing of any such request, the clerk of the committee shall transmit immediately to the chairman of the committee notice of the filing of that request. This subdivision does not apply to a report of the Committee on Rules with respect to the rules, joint rules, or order of business of the House or to the reporting of a resolution of inquiry addressed to the head of an executive department. |
| Sec. 713c. Requirement of quorum. | (2)(A) No measure or recommendation shall be reported from any committee unless a majority of the committee was actually present. |
| Sec. 713d. Vote on reporting. | (B) With respect to each rollcall vote on a motion to report any measure or matter of a public character, and on any amendment offered to the measure or matter, the total number of votes cast for and against, and the names of those members voting for and against, shall be included in the committee report on the measure or matter. |
| Sec. 713e. Content of reports. | (3) The report of any committee on a measure which has been approved by the committee shall include (A) the oversight findings and recommendations required pursuant to clause 2(b)(1) of rule X separately set out and clearly identified; (B) the statement required by section 308(a)(1) of the Congressional Budget Act of 1974, separately set out and clearly identified, if the measure provides new budget authority (other than continuing appropriations), new spending authority described in section 401(c)(2) of such Act, new credit authority, or an increase or decrease in revenues or tax expenditures, except that the estimates with respect to new budget authority shall include, when practicable, a comparison of |
| Sec. 713f. Inflationary impact. | (4) Each report of a committee on each bill or joint resolution of a public character reported by such committee shall contain a detailed analytical statement as to whether the enactment of such bill or joint resolution into law may have an inflationary impact on prices and costs in the operation of the national economy. |
| Sec. 713g. Application of laws to Legislative branch. | Under the Congressional Accountability Act of 1995, each report accompanying a bill or joint resolution relating to terms and conditions of employment or access to public services or accommodations must describe the manner in which the provisions apply to the Legislative branch or a statement of the reasons the provisions do not apply, and any Member may raise a point of order against the consideration of a bill or joint resolution not complying with this requirement (sec. 102(b)(3), P.L. 104-1; 109 Stat. 6). |
| Sec. 713h. Unfunded mandates. | The Unfunded Mandates Reform Act of 1995 (P.L. 104-4; 109 Stat. 48 et seq.) added a new part B to title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that, effective on January 1, 1996, or 90 days after appropriations are made available to the Congressional Budget Office pursuant to the 1995 Act (whichever is earlier), imposes several requirements on committees with respect to measures effecting ``Federal mandates'' (secs. 423-424; 2 U.S.C. 659b-c) and establishes points of order to enforce those requirements (sec. 425; 2 U.S.C. 658d). See Sec. 1007, infra. |
| Sec. 714. Minority views. | (5) If, at the time of approval of any measure or matter by any committee, other than the Committee on Rules, any member of the committee gives notice of intention to file supplemental, minority, or additional views, that member shall be entitled to not less than three calendar days (excluding Saturdays, |
| Sec. 717. | (7) 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, any member of the committee which reported that measure may be recognized in the discretion of the Speaker to offer a motion that the House shall consider that measure, if that committee has duly authorized that member to offer that motion. |
| 718. Administration of oaths to witnesses. | (m)(1) For the purpose of carrying out any of its functions and duties under this rule and rule X (including any matters referred to it under clause 5 of rule X), any committee, or any subcommittee thereof, is authorized (subject to subparagraph (2)(A) of this paragraph)-- |
| Sec. 719a. Committee Travel. | (A) No member or employee of the committee shall receive or expend local currencies for subsistence in any country for any day at a rate in excess of the maximum per diem set forth in applicable Federal law, or if the Member or employee is reimbursed for any expenses for such day, then the lesser of the per diem or the actual, unreimbursed expenses (other than for transportation) incurred by the Member or employee during that day. |
| Sec. 719b. Travel reports. | (B) Each member or employee of the committee shall make to the chairman of the committee an itemized report showing the dates each country was visited, the amount of per diem furnished, the cost of transportation furnished, any funds ex |
| Sec. 720. | 3. (a) It is the purpose of this clause to provide a means, in conformity with acceptable standards of dignity, propriety, and decorum, by which committee hearings, or committee meetings, which are open to the public may be covered, by television broadcast, radio broadcast, and still photography, or by any of such methods of coverage-- |
| Sec. 721. Media coverage. | (c) It is, further, the intent of this clause that the general conduct of each meeting (whether of a hearing or otherwise) covered, under authority of this clause, by television broadcast, radio broadcast, and still photography, or by any of such methods of coverage, and the personal behavior of the committee members and staff, other Government officials and personnel, witnesses, television, radio, and press media personnel, and the general public at the hearing or other meeting shall be in strict conformity with and observance of the acceptable standards of dignity, propriety, courtesy, and decorum traditionally observed by the House in its operations and shall not be such as to-- |
| Sec. 722. When permitted. | (e) Whenever a hearing or meeting conducted by any committee or subcommittee of the House is open to the public, those proceedings shall be open to coverage by television, radio, and still photography, except as provided in paragraph (f)(2). A committee or subcommittee chairman may not limit the number of television or still cameras to fewer than two representatives from each medium (except for legitimate space or safety considerations, in which case pool coverage shall be authorized). |
| Sec. 723. Committee rules. | (f) The written rules which may be adopted by a committee under paragraph (e) of this clause shall contain provisions to the following effect: |
| Sec. 724. Press photographers. | (8) In the allocation of the number of still photographers permitted by a committee or subcommittee chairman in a hearing or meeting room, preference shall be given to photographers from Associated Press Photos and United Press International Newspictures. If requests are made by more of the media than will be permitted by a committee or subcommittee chairman for coverage of the hearing or meeting by still photography, that coverage shall be made on the basis of a fair and equitable pool arrangement devised by the Standing Committee of Press Photographers. |
| Sec. 725. Accreditation. | (11) Personnel providing coverage by the television and radio media shall be then currently accredited to the Radio and Television Correspondents' Galleries. |
| Sec. 726. | 4. (a) The following committees shall have leave to report at any time on the matters herein stated, namely: The Committee on Appropriations--on general appropriation bills and on joint resolutions continuing appropriations for a fiscal year if reported after September 15 preceding the beginning of such fiscal year; the Committee on the Budget--on the matters required to be reported by such committee under Titles III and IV of the Congressional Budget Act of 1974; the Committee on House Oversight--on enrolled bills, con |
| Sec. 727. Privileged reports defined. | The matters reported under the provisions of this clause are denominated ``privileged reports'' or ``privileged questions,'' and since the privilege relates merely to the order of business under the rules, they must be distinguished from ``questions of privilege'' which relate to the safety or dignity of the House itself defined in rule IX (III, 2718). Therefore, ``questions of privilege'' take precedence over these matters which are privileged under the rules (III, 2426-2530; V, 6454; VIII, 3465). |
| Sec. 728. The privilege of individual committees for reports. | The privilege given by this clause to the Committee on Rules is confined to ``action touching rules, joint rules, and order of business'' and this committee may not report as privileged a concurrent resolution providing for a Senate investigating committee (VIII, 2255), or provide for the appointment of a clerk (VIII, 2256); but the privilege has been held to include the right to report special orders for the consideration of individual bills or classes of bills (V, 6774), or the consideration of a specified amendment to a bill and prescribing a mode of considering such amendment (VIII, 2258). A special rule providing for the consideration of a bill is not invalidated by the fact that at the time the rule was reported, the bill was not on the Calendar (VIII, 2259; Speaker McCormack, Aug. 19, 1964, pp. 20212-13). The authority to report special orders of business includes authority to recommend consideration of measures and amendments thereto the subject of which might be separately pending before a standing committee (Apr. 15, 1986, p. 7531); to make in order the consideration of the text of an introduced bill as original text in a reported bill (Oct. 9, 1986, p. 29973); to permit consideration of a previously unnumbered and unsponsored measure which comes into existence by virtue of adoption by the House of the special order (Speaker O'Neill, Apr. 16, 1986, p. 7610); to recommend a ``hereby'' resolution, e.g., that a concurrent resolution correcting the enrollment of a bill be considered as adopted by the House upon the adoption of the special order (Speaker Wright, May 4, 1988, p. 9865), or that a Senate amendment pending at the Speaker's table and otherwise requiring consideration in Committee of the Whole under clause 1 of rule XX be ``hereby'' considered as adopted upon adoption of the special order (Deschler's Precedents, vol. 6, ch. 21, sec. 16.11; Feb. 4, 1993, p. ----); to provide that an amendment containing an appropriation in violation of clause 5(a) of rule XXI be considered as adopted in the House when the reported bill is under consideration (Feb. 24, 1993, p. ----); to provide that an amendment containing an appropriation in violation of clause 2 of rule XXI be considered as adopted in the House when the reported bill is under consideration (July 27, 1993, p. ----); and to provide that a nongermane amendment otherwise in violation of clause 7 of rule XVI be con |
| Sec. 729a. Reports from Committee on Rules. | (b) It shall always be in order to call up for consideration a report from the Committee on Rules on a rule, joint rule, or the order of business (except it shall not be called up for consideration on the same day it is presented to the House, unless so determined by a vote of not less than two-thirds of the Members voting, but this provision shall not apply during the last three days of the session), and, pending the consideration thereof, the Speaker may entertain one motion that the House adjourn; but after the result is announced the Speaker shall not entertain any other dilatory motion until the report shall have been |
| Sec. 729b. Dilatory motions not permitted. | In the later practice it has been held that the question of consideration may not be raised against a report from the Committee on Rules (V, 4961-4963; VIII, 2440, 2441). The clause forbidding dilatory motions has been construed strictly (V, 5740-5742), and in the later practice the motion to commit after the ordering of the previous question has been excluded (V, 5593- 5601; VIII, 2270, 2750; Feb. 22, 1984, p. 2965), as has an appeal (though not a motion to reconsider the vote on ordering the previous question) (V, 5739), and the motion to postpone to a day certain (Oct. 9, 1986, p. 29972). Before debate has begun on a report from the Committee on Rules, a question of the privileges of the House takes precedence (VIII, 3491; Mar. 11, 1987, p. 5403). In the event that the previous question is rejected on a privileged resolution from the Committee on Rules, the provisions of clause 4(b) prohibiting ``dilatory'' motions no longer strictly apply; the resolution is subject to amendment, further debate, or a motion to table or refer, and the Member who lead the opposition to the previous question has the prior right to recognition (Oct. 19, 1966, pp. 27713, 27725-29; May 29, 1980, pp. 12667-78), subject to being preempted by a preferential motion offered by another Member (Aug. 13, 1982, pp. 20969, 20975-78). The member of the Committee on Rules calling up a privileged resolution on behalf of the Committee may offer an amendment, and House rules do not require a specific authorization from the Committee (Sept. 25, 1990, p. ----). A motion to table such a pending amendment is dilatory and not in order under clause 4(b) of rule XI, but the motion to reconsider the vote on ordering the previous question on the rule and amendment thereto is not (see V, 5739; Sept. 25, 1990, p. ----), and may be laid on the table without carrying with it the resolution itself (Sept. 25, 1990, p. ----). The motion to adjourn is admissible during the consideration of a report from the Committee on Rules, though not when another Member has the floor (Sept. 27, 1993, p. ----). Where the House adjourns during the consideration of a report from the Committee on Rules, further consideration of the report becomes the unfinished business on the following |
| Sec. 729c. Restrictions on authority of Committee on Rules. | From 1934 until the amendment of clause 4(b) in the 104th Congress (sec. 210, H. Res. 6, Jan. 4, 1995, p. ----), it was consistently held that the Committee on Rules could recommend a special order that limited, but did not totally prohibit, a motion to recommit pending passage of a bill or joint resolution, as by precluding the motion from containing instructions relating to specified amendments (Speaker Rainey, sustained on appeal, Jan. 11, 1934, pp. 479-83); or by omitting to preserve the availability of amendatory instructions in the case that the bill is entirely rewritten by the adoption of a substitute made in order as original text (Speaker Foley, June 4, 1991, p. ----; Speaker Foley, Nov. 25, 1991, p. ----); or by expressly allowing only a simple (``straight'') motion to recommit (without instructions) (sustained by tabling of appeal, Oct. 16, 1990, p. ----; sustained by tabling of appeal, Feb. 26, 1992, p. ----; Speaker Foley, sustained by tabling of appeal, May 7, 1992, p. ----; Speaker Foley, sustained by tabling of appeal, June 16, 1992, p. ----; Nov. 21, 1993, p. ----; Nov. 22, 1993, p. ----). A special order providing for consideration of a bill under suspension of the rules does not prevent a motion to recommit from being made ``as provided in clause 4 of rule XVI,'' i.e., after the previous question is ordered on passage, a procedure not applicable to a motion to suspend the rules (Speaker Foley, June 21, 1990, p. ----). See Deschler's Precedents, vol. 6, ch. 21, sec. 26.11; see generally Deschler's Precedents, vol. 7, ch. 23, sec. 25. |
| Sec. 729d. Unfunded mandates. | The Unfunded Mandates Reform Act of 1995 (P.L. 104-4; 109 Stat. 48 et seq.) added a new part B to title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658g) that, effective on January 1, 1996, or 90 days after appropriations are made available to the Congressional Budget Office pursuant to the 1995 Act (whichever is earlier), imposes several requirements on committees with respect to ``Federal mandates'' (secs. 423-424; 2 U.S.C. 658b-c), establishes points of order to enforce those requirements (sec. 425; 2 U.S.C. 658d), and precludes the consideration of a rule or order waiving such points of order in the House (sec. 426(a); 2 U.S.C. 658e(a)). See Sec. 1007, infra. |
| Sec. 730. Filing reports. | (c) The Committee on Rules shall present to the House reports concerning rules, joint rules, and order of business, within three legislative days of the time when the bill or resolution involved is ordered reported by the committee. If any such rule or order is not considered immediately, it shall be referred to the calendar and, if not called up by the Member making the report within seven legislative days thereafter, any member of the Rules Committee may call it up as a question of privilege (but only on the day after the calendar day on which such Member announces to the House his intention to do so) and the Speaker shall recognize any member of the Rules Committee seeking recognition for that purpose. If the Committee on Rules makes an adverse report on any resolution pending before the committee, providing for an order of business for the |
| Sec. 731. Comparative print. | (d) Whenever the Committee on Rules reports a resolution repealing or amending any of the Rules of the House of Representatives or part thereof it shall include in its report or in an accompanying document-- |
| Sec. 731a. Specifying waivers. | (e) Whenever the Committee on Rules reports a resolution providing for the consideration of any measure, it shall, to the maximum extent possible, specify in the resolution the object of any waiver of a point of order against the measure or against its consideration. |
| Sec. 732a. Primary expense resolution. | 5. (a) Whenever any committee, commission, or other entity (except the Committee on Appropriations) is to be granted authorization for the payment of its expenses (including all staff salaries) for a Congress, such authorization initially shall be procured by one primary expense resolution re |
| Sec. 732c. Additional expense resolution. | (b) After the date of adoption by the House of any such primary expense resolution for any such committee, commission, or other entity for any Congress, authorization for the payment of additional expenses (including staff salaries) in that Congress may be procured by one or more supplemental expense resolutions reported by the Committee |
| Sec. 732cc. Exception for certain initial funding. | (1) any resolution providing for the payment from committee salary and expense accounts of the House of sums necessary to pay compensation for staff services performed for, or to pay other expenses of, any committee, commission or other entity at any time from and after the beginning of any odd-numbered year and before the date of adoption by the House of the primary expense resolution providing funds to pay the expenses of that committee, commission or other entity for that Congress; or |
| Sec. 732d. Funds for committee staffs; expense resolutions. | (d) From the funds made available for the appointment of committee staff pursuant to any primary or additional expense resolution, the chairman of each committee shall ensure that sufficient staff is made available to each subcommittee to carry out its responsibilities under the rules of the committee, and that the minority party is fairly treated in the appointment of such staff. |
| Sec. 732e. Travel by members not reelected. | (e) No primary expense resolution or additional expense resolution of a committee may provide for the payment or reimbursement of expenses incurred by any member of the committee for travel by the member after the date of the general election of Members in which the Member is not elected to the succeeding Congress, or in the case of a Member who is not a candidate in such general election, the earlier of the date of such general election or the adjournment sine die of the last regular session of the Congress. |
| Sec. 732f. Interim funding. | (f)(1) For continuance of necessary investigations and studies by-- |
| Sec. 733a. Thirty professional staff. |
6. (a)(1) Subject to
subparagraph (2) and paragraph (f), each standing committee may appoint,
by majority vote of the committee, not more than thirty professional
staff members from the funds provided for the appointment of
committee < |
| Sec. 733c. Minority. | (2) Subject to paragraph (f) of this clause, whenever a majority of the minority party members of a standing com |
| Sec. 734a. Staff duties. | (b)(1) The professional staff members of each standing committee |
| Sec. 734b. ``Associate'' or ``shared'' staff. | (2) This paragraph does not apply to any staff designated by a committee as ``associate'' or ``shared'' staff who are not paid exclusively by the committee, provided that the chairman certifies that the com |
| Sec. 735. Pay. | (c) Each employee on the professional and investigative staff of each standing committee shall be entitled to pay at a single gross per annum rate, to be fixed by the chairman, which does not exceed the maximum rate of pay, as in effect from time to time, under applicable provisions of law. |
| Sec. 736. Staff, Committees on Appropriations. | (d) Subject to appropriations hereby authorized, the Committee on Appropriations may appoint such staff, in addition to the clerk thereof and assistants for the minority, as it determines by majority vote to be necessary, such personnel, other than minority assistants, to possess such qualifications as the committee may prescribe. |
| Sec. 737. | (e) No committee shall appoint to its staff any experts or other personnel detailed or assigned from any department or agency of the Government, except with the written permission of the Committee on House Oversight. |
| Sec. 739. Reports on staff. | Effective in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), former clause 6(j), which was added on January 3, 1953 (p. 24) and which was contained in section 134(b) of the Legislative Reorganization Act of 1945, was deleted; that clause required committees to report semiannually to the Clerk, for printing in the Con |