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[Discussion Draft]
[Discussion Draft]
117th CONGRESS
1st Session
Rules of the Committee on Rules
U.S. House of Representatives
Rules for the 117th Congress
Rule 1.—General Provisions
(a)
The Rules of the House are the rules of the Committee and its 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 non-debatable privileged motions in the Committee. A proposed investigative or oversight report shall be considered as read if it has been available to the members of the Committee for at least 24 hours (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such day).
(b)
Each subcommittee is a part of the Committee, and is subject to the authority and direction of the Committee and to its rules so far as applicable.
(c)
The provisions of clause 2 of rule XI of the Rules of the House are incorporated by reference as the rules of the Committee to the extent applicable.
(d)
The Committee’s rules shall be published in the Congressional Record not later than 30 days after the Committee is elected in each odd-numbered year.
Rule 2.—Regular, Additional, and Special Meetings
(a)
(1)
The Committee shall regularly meet at 5:00 p.m. on the first day on which votes are scheduled of each week when the House is in session.
(2)
A regular meeting of the Committee may be dispensed with if, in the judgment of the Chair, there is no need for the meeting.
(3)
Additional regular meetings and hearings of the Committee may be called by the Chair.
Notice for Regular Meetings
(b)
The Chair shall notify in electronic or written form each member of the Committee of the agenda of each regular meeting of the Committee at least 48 hours before the time of the meeting and shall provide to each member of the Committee, at least 24 hours before the time of each regular meeting:
(1)
for each bill or resolution scheduled on the agenda for consideration of a rule, a copy of—
(A)
the text of the bill or resolution;
(B)
the text of any committee reports thereon; and
(C)
any available letter requesting a rule for the bill or resolution; and
(2)
for each other bill, resolution, report, or other matter on the agenda a copy of—
(A)
the bill, resolution, report, or materials relating to the other matter in question; and
(B)
any report on the bill, resolution, report, or any other matter made by any subcommittee of the Committee.
(c)
(1)
The Chair may call an emergency meeting of the Committee at any time on any measure or matter which the Chair determines to be of an emergency nature; provided, however, that the Chair has made an effort to consult the ranking minority member, or, in such member's absence, the next ranking minority party member of the Committee.
(2)
As soon as possible after calling an emergency meeting of the Committee, the Chair shall notify each member of the Committee of the time and location of the meeting.
(3)
To the extent feasible, the notice provided under paragraph (2) shall include the agenda for the emergency meeting and copies of available materials which would otherwise have been provided under subsection (b) if the emergency meeting was a regular meeting.
(d)
Special meetings shall be called and convened as provided in clause 2(c)(2) of rule XI of the Rules of the House.
Rule 3.—Meeting and Hearing Procedures
(a)
(1)
Meetings and hearings of the Committee shall be called to order and presided over by the Chair or, in the Chair's absence, by the member designated by the Chair as the Vice Chair of the Committee, or by the ranking majority member of the Committee present as Acting Chair.
(2)
Meetings and hearings of the Committee shall be open to the public unless closed in accordance with clause 2(g) of rule XI of the Rules of the House of Representatives.
(3)
Any meeting or hearing of the Committee that is open to the public shall be open to coverage by television, radio, and still photography in accordance with the provisions of clause 4 of rule XI of the Rules of the House (which are incorporated by reference as part of these rules).
(4)
Before a motion to report a rule is offered, a copy of the language recommended shall be furnished to each member of the Committee.
(b)
(1)
For the purpose of hearing testimony on requests for rules, five members of the Committee shall constitute a quorum.
(2)
For the purpose of taking testimony and receiving evidence on measures or matters of original jurisdiction before the Committee, three members of the Committee shall constitute a quorum.
(3)
A majority of the members of the Committee shall constitute a quorum for the purposes of: reporting any measure or matter; authorizing a subpoena; closing a meeting or hearing pursuant to clause 2(g) of rule XI of the Rules of the House (except as provided in clause 2(g)(2)(A) and (B)); or taking any other action.
(c)
(1)
No vote may be conducted on any measure or motion pending before the Committee unless a majority of the members of the Committee is actually present for such purpose.
(2)
A record vote of the Committee shall be provided on any question before the Committee upon the request of any member.
(3)
No vote by any member of the Committee on any measure or matter may be cast by proxy.
(4)
A record of the vote of each member of the Committee on each record vote on any measure or matter before the Committee shall be made publicly available in electronic form within 48 hours, and with respect to any record vote on any motion to amend or report, shall be included in the report of the Committee showing the total number of votes cast for and against and the names of those members voting for and against.
(d)
(1)
With regard to hearings on matters of original jurisdiction, to the greatest extent practicable:
(A)
each witness who is to appear before the Committee shall file with the Committee at least 24 hours in advance of the appearance a statement of proposed testimony in written and electronic form and shall limit the oral presentation to the Committee to a brief summary thereof; and
(B)
In the case of a witness appearing in a nongovernmental capacity, a written statement of proposed testimony shall include—
(i)
a curriculum vitae;
(ii)
a disclosure of any Federal grants or contracts, or contracts, or grants, or payments originating with a foreign government, received during the past 36 months by the witness or by an entity represented by the witness and related to the subject matter of the hearing;
(iii)
a disclosure of whether the witness is a fiduciary (including, but not limited to, a director, officer, advisor, or resident agent) of any organization or entity that has an interest in the subject matter of a hearing.
(C)
The disclosure referred to in subdivision (B)(ii) shall include—
(i)
the amount and country of origin of any payment or contract related to the subject matter of the hearing originating with a foreign government.
(ii)
the amount and country of origin of any payment or contract related to the subject matter of the hearing originating with a foreign government.
(D)
Such statements, with appropriate redactions to protect the privacy or security of the witness, shall be made publicly available in electronic form 24 hours before the witness appears to the extent practicable, but not later than one day after the witness appears.
(2)
The five-minute rule shall be observed in the interrogation of each witness before the Committee until each member of the Committee has had an opportunity to question the witness.
(3)
The provisions of clause 2(k) of rule XI of the Rules of the House shall apply to any hearing conducted by the Committee.
(e)
(1)
Pursuant to clause 2(m) of rule XI of the Rules of the House of Representatives, a subpoena may be authorized and issued by the Committee or a subcommittee in the conduct of any investigation or series of investigations or activities, only when authorized by a majority of the members voting, a majority being present.
(2)
The Chair may authorize and issue subpoenas under such clause during any period in which the House has adjourned for a period of longer than three days.
(3)
Authorized subpoenas shall be signed by the Chair or by any member designated by the Committee, and may be served by any person designated by the Chair or such member.
(4)
The Chair, or any member of the Committee designated by the Chair, may administer oaths to witnesses before the Committee.
Rule 4.—General Oversight Responsibilities
The Committee shall review and study, on a continuing basis, the application, administration, execution, and effectiveness of those laws, or parts of laws, the subject matter of which is within its jurisdiction.
Establishment and Responsibilities of Subcommittees
(a)
(1)
There shall be three subcommittees of the Committee as follows:
(A)
Subcommittee on Legislative and Budget Process, which shall have general responsibility for measures or matters related to relations between the Congress and the Executive Branch.
(B)
Subcommittee on Rules and Organization of the House, which shall have general responsibility for measures or matters related to process and procedures of the House, relations between the two Houses of Congress, relations between the Congress and the Judiciary, and internal operations of the House.
(C)
Subcommittee on Expedited Procedures, which shall have general responsibility for measures or matters related to expedited procedures for floor consideration in law or in the Rules of the House of Representatives.
(2)
In addition, each such subcommittee shall have specific responsibility for such other measures or matters as the Chair refers to it.
(3)
Each subcommittee of the Committee shall review and study, on a continuing basis, the application, administration, execution, and effectiveness of those laws, or parts of laws, the subject matter of which is within its general responsibility.
Referral of Measures and Matters to Subcommittees
(b)
(1)
No special order providing for the consideration of any bill or resolution shall be referred to a subcommittee of the Committee.
(2)
The Chair shall refer to a subcommittee such measures or matters of original jurisdiction as the Chair deems appropriate given its jurisdiction and responsibilities.
(3)
All other measures or matters of original jurisdiction shall be subject to consideration by the full Committee.
(4)
In referring any measure or matter of original jurisdiction to a subcommittee, the Chair may specify a date by which the subcommittee shall report thereon to the Committee.
(5)
The Committee by motion may discharge a subcommittee from consideration of any measure or matter referred to a subcommittee of the Committee.
Composition of Subcommittees
(c)
The size and ratio of each subcommittee shall be determined by the Committee and members shall be elected to each subcommittee, and to the positions of chair and ranking minority member thereof, in accordance with the rules of the respective party caucuses. The Chair of the full committee may designate a member of the majority party on each subcommittee as its vice chair.
Subcommittee Meetings and Hearings
(d)
(1)
Each subcommittee of the Committee is authorized to meet, hold hearings, receive testimony, mark up legislation, and report to the full Committee on any measure or matter referred to it.
(2)
No subcommittee of the Committee may meet or hold a hearing at the same time as a meeting or hearing of the full Committee is being held.
(3)
The chair of each subcommittee shall schedule meetings and hearings of the subcommittee only after consultation with the Chair.
(e)
(1)
For the purpose of taking testimony, two members of the subcommittee shall constitute a quorum.
(2)
For all other purposes, a quorum shall consist of a majority of the members of a subcommittee.
(f)
Any vacancy in the membership of a subcommittee shall not affect the power of the remaining members to execute the functions of the subcommittee.
(g)
Each subcommittee of the Committee shall provide the full Committee with copies of such records of votes taken in the subcommittee and such other records with respect to the subcommittee necessary for the Committee to comply with all rules and regulations of the House.
(a)
(1)
Except as provided in paragraphs (2) and (3), the professional and other staff of the Committee shall be appointed, by the Chair, and shall work under the general supervision and direction of the Chair.
(2)
All professional, and other staff provided to the minority party members of the Committee shall be appointed, by the ranking minority member of the Committee, and shall work under the general supervision and direction of such member.
(3)
The appointment of all professional staff shall be subject to the approval of the Committee as provided by, and subject to the provisions of, clause 9 of rule X of the Rules of the House.
(b)
Associate staff for members of the Committee may be appointed only at the discretion of the Chair (in consultation with the ranking minority member regarding any minority party associate staff), after taking into account any staff ceilings and budgetary constraints in effect at the time, and any terms, limits, or conditions established by the Committee on House Administration under clause 9 of rule X of the Rules of the House.
(c)
From funds made available for the appointment of staff, the Chair of the Committee shall, pursuant to clause 6(d) of rule X of the Rules of the House, ensure that sufficient staff is made available to each subcommittee to carry out its responsibilities under the rules of the Committee, and, after consultation with the ranking minority member of the Committee, that the minority party of the Committee is treated fairly in the appointment of such staff.
(d)
The Chair shall fix the compensation of all professional and other staff of the Committee, after consultation with the ranking minority member regarding any minority party staff.
(e)
(1)
To the extent any staff member of the Committee or any of its subcommittees does not work under the direct supervision and direction of the Chair, the member of the Committee who supervises and directs the staff member's work shall file with the Chief of Staff of the Committee (not later than the tenth day of each month) a certification regarding the staff member's work for that member for the preceding calendar month.
(2)
The certification required by paragraph (1) shall be in such form as the Chair may prescribe, shall identify each staff member by name, and shall state that the work engaged in by the staff member and the duties assigned to the staff member for the member of the Committee with respect to the month in question met the requirements of clause 9 of rule X of the rules of the House.
(3)
Any certification of staff of the Committee, or any of its subcommittees, made by the Chair in compliance with any provision of law or regulation shall be made—
(A)
on the basis of the certifications filed under paragraph (1) to the extent the staff is not under the Chair's supervision and direction, and
(B)
on his own responsibility to the extent the staff is under the Chair's direct supervision and direction.
Rule 7.—Budget, Travel, Pay of Witnesses
(a)
The Chair, in consultation with other members of the Committee, shall prepare for each Congress a budget providing amounts for staff, necessary travel, investigation, and other expenses of the Committee and its subcommittees.
(b)
(1)
The Chair may authorize travel for any member and any staff member of the Committee in connection with activities or subject matters under the general jurisdiction of the Committee. Before such authorization is granted, there shall be submitted to the Chair in writing the following:
(A)
The purpose of the travel.
(B)
The dates during which the travel is to occur.
(C)
The names of the States or countries to be visited and the length of time to be spent in each.
(D)
The names of members and staff of the Committee for whom the authorization is sought.
(2)
Members and staff of the Committee shall make a written report to the Chair on any travel they have conducted under this subsection, including a description of their itinerary, expenses, and activities, and of pertinent information gained as a result of such travel.
(3)
Members and staff of the Committee performing authorized travel on official business shall be governed by applicable laws, resolutions, and regulations of the House and of the Committee on House Administration.
(c)
Witnesses may be paid from funds made available to the Committee in its expense resolution subject to the provisions of clause 5 of rule XI of the Rules of the House.
Rule 8.—Committee Administration
(a)
Whenever the Committee authorizes the favorable reporting of a bill or resolution from the Committee—
(1)
The Chair or acting Chair shall report it to the House or designate a member of the Committee to do so.
(2)
In the case of a bill or resolution in which the Committee has original jurisdiction, the Chair shall allow, to the extent that the anticipated floor schedule permits, any member of the Committee a reasonable amount of time to submit views for inclusion in the Committee report on the bill or resolution. Any such report shall contain all matters required by the Rules of the House of Representatives (or by any provision of law enacted as an exercise of the rulemaking power of the House) and such other information as the Chair deems appropriate.
(3)
In the case of a resolution providing for consideration of a measure, the Committee report accompanying such resolution shall include an accurate explanation of any waivers of points of order, including a detailed explanation of all points of order.
(b)
(1)
There shall be a transcript made of each regular meeting and hearing of the Committee, and the transcript may be printed if the Chair decides it is appropriate or if a majority of the members of the Committee requests such printing. Any such transcripts shall be a substantially verbatim account of remarks actually made during the proceedings, subject only to technical, grammatical, and typographical corrections authorized by the person making the remarks. Nothing in this paragraph shall be construed to require that all such transcripts be subject to correction and publication.
(2)
The Committee shall keep a record of all actions of the Committee and of its subcommittees. The record shall contain all information required by clause 2(e)(1) of rule XI of the Rules of the House of Representatives and shall be available for public inspection at reasonable times in the offices of the Committee.
(3)
All Committee hearings, records, data, charts, and files shall be kept separate and distinct from the congressional office records of the Chair, shall be the property of the House, and all Members of the House shall have access thereto as provided in clause 2(e)(2) of rule XI of the Rules of the House.
(4)
The records of the Committee at the National Archives and Records Administration shall be made available for public use in accordance with rule VII of the Rules of the House. The Chair shall notify the ranking minority member of any decision, pursuant to clause 3(b)(3) or clause 4(b) of the rule, to withhold a record otherwise available, and the matter shall be presented to the Committee for a determination on written request of any member of the Committee.
(c)
The Chair shall provide, to the maximum extent practicable—
(1)
complete and unedited audio and video broadcasts of all committee hearings and meetings; and
(2)
for distribution of such broadcasts and unedited recordings thereof to the public and for the storage of audio and video recordings of the proceedings. Proceedings shall be broadcast live on the Majority Committee website and recordings shall be made available on such website within one calendar day of the proceeding.
Committee Publications on the Internet
(d)
To the maximum extent feasible, the Committee shall make its publications available in electronic form.
(e)
(1)
The Committee shall maintain a Committee Journal, which shall include all bills, resolutions, and other matters referred to or reported by the Committee and all bills, resolutions, and other matters reported by any other committee on which a rule has been granted or formally requested, and such other matters as the Chair shall direct. The Journal shall be published periodically, but in no case less often than once in each session of Congress.
(2)
A rule is considered as formally requested when the Chairman of a committee of primary jurisdiction which has reported a bill or resolution (or a member of such committee authorized to act on the Chairman's behalf):
(A)
has requested, in writing to the Chair, that a hearing be scheduled on a rule for the consideration of the bill or resolution; and
(B)
has supplied the Committee with the bill or resolution, as reported, together with the final committee report thereon.
Survey of Activities Requirement
(f)
The Committee’s Survey of Activities, filed pursuant to clause 1(d) of rule XI of the Rules of the House, shall include a compilation of all known waivers of points of order previously disclosed in reports from the Committee on Rules pursuant to paragraph (a)(3) of this rule or included in the Congressional Record.
(g)
The Chair may establish such other Committee procedures and take such actions as may be necessary to carry out these rules or to facilitate the effective operation of the Committee and its subcommittees in a manner consistent with these rules.
Rule 9.—Amendments to Committee Rules
The rules of the Committee may be modified, amended or repealed, in the same manner and method as prescribed for the adoption of committee rules in clause 2 of rule XI of the Rules of the House, but only if written notice of the proposed change has been provided to each Member at least 48 hours before the time of the meeting at which the vote on the change occurs. Any such change in the rules of the Committee shall be published in the Congressional Record within 30 calendar days after their approval.