committee_header.gif

DRAFT MODEL COMMITTEE RULES
108th CONGRESS

Revised for the newly adopted rules of the House for the 108th Congress

[Bracketed provisions are optional or discretionary with the committee]
Underlined provisions are new provisions for the 108th 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, is a non-debatable motion of high privilege 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.

Regular Meetings

(a)(1) The Committee shall regularly meet at [time] on [day] of each [week or month] when the House is in session.

(2) A regular meeting of the Committee may be dispensed with if, in the judgment of the Chairman of the Committee (hereafter in these rules referred to as the "Chair"), there is no need for the meeting.

(3) Additional regular meetings and hearings, in accordance with clause 2(g)(3) of rule XI of the rules of the House, of the Committee may be called by the Chair.

[Notice for Regular Meetings]

[ (b)(1) The Chair shall notify each member of the Committee of the agenda of each regular meeting of the Committee at least [number] hours before the time of the meeting.

(2) The Chair shall provide to each member of the Committee, at least [number] hours before the time of each regular meeting for each 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.]

[Emergency Meetings]

[ (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 members 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.]

Special Meetings

(d) Special meetings shall be called and convened by the Chair as provided in clause 2(c)(2) of rule XI of the Rules of the House.

RULE 3. -- MEETING AND HEARING PROCEDURES.

In General

(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 broadcast, radio broadcast, 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). Operation and use of any Committee internet broadcast system shall be fair and nonpartisan and in accordance with clause 4(b)of rule XI and all other applicable rules of the Committee and the House.

Quorum

(b)(1) For the purpose of taking testimony and receiving evidence, [specify number which cannot be less than two] members of the Committee shall constitute a quorum.

(2) A majority of the members of the Committee shall constitute a quorum for the purposes of reporting any measure or matter, of authorizing a subpoena, or of 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 of releasing executive session material pursuant to clause 2(k)(7) of rule XI of the rules of the House.

[(3) For the purpose of taking any action other than those specified in paragraph (2) one-third of the members of the Committee shall constitute a quorum.] {Note: A majority quorum is required of the committees on Appropriations, Budget, and Ways and Means for taking any action.}

Voting

(c)(1) No vote may be conducted on any measure or motion pending before the Committee unless the requisite number 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 one-fifth of the members present {Note: committees may make it easier, e.g., "upon the request of any member," but not tougher, e.g., "one-fifth of the members of the committee."}

(3) No vote by any member of the Committee on any measure or matter may be cast by proxy.

[(4)(A) Subject to subparagraph (B), the Chairman may postpone further proceedings when a record vote is ordered on the question of approving any measure or matter or adopting an amendment. The Chairman may resume proceedings on a postponed request at any time.
(B) In exercising postponement authority under subparagraph (A), the Chairman shall take all reasonable steps necessary to notify members on the resumption of proceedings on any postponed record vote.
(C) When proceedings resume on a postponed question, notwithstanding any intervening order for the previous question, an underlying proposition shall remain subject to further debate or amendment to the same extent as when the question was postponed.]

(5) In accordance with clause 2(e)(1)(B) of rule XI, a record of the vote of each Member of the Committee on each record vote on any matter before the Committee shall be available for public inspection at the offices of the Committee, and, with respect to any rollcall 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.

Hearing Procedures

(d)(1) The Chair shall make public announcement of the date, place, and subject matter of any committee hearing at least one week before the commencement of the hearing, unless the Chair, with the concurrence of the ranking minority member, or the committee by majority vote with a quorum present for the transaction of business, determines there is good cause to begin the hearing sooner, in which case the Chair shall make the announcement at the earliest possible date.

(2) To the greatest extent practicable: (A) each witness who is to appear before the Committee shall file with the committee [at least x-hours] in advance of the appearance a written statement of proposed testimony and shall limit the oral presentation to the Committee to brief summary thereof; and (B) each witness appearing in a non-governmental capacity shall include with the written statement of proposed testimony a curriculum vitae and a disclosure of the amount and source (by agency and program) of any Federal grant (or subgrant thereof) or contract (or subcontract thereof) received during the current fiscal year or either of the two preceding fiscal years.

(3)(A) 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. [(B) Notwithstanding the provisions of subparagraph (A), the Chair and ranking minority member may designate an equal number of members from each party to question a witness for a period not longer than 30 minutes, or may designate staff from each party to question a witness for a period not longer than 30 minutes.]

(4) Whenever any hearing is conducted by the committee on any measure or matter, the minority party members of the Committee shall be entitled, upon the request of a majority of them before the completion of the hearing, to call witnesses with respect to that measure or matter during at least one day of hearing thereon.

(5) The provisions of clause 2(k) of rule XI of the Rules of the House shall apply to any hearing conducted by the committee.

Subpoenas and Oaths

(e)(1) Pursuant to clause 2(m) of rule XI of the Rules, 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 [, or by the Chair pursuant to such rules and limitations as the committee may prescribe]. {Note: A committee may adopt a committee rule delegating the power to authorize subpoenas to the full committee chairman “pursuant to such rules and limitations as the committee may prescribe,” but may not delegate this authority to a subcommittee chairman.}

(2) 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.

(3) The Chair, or any member of the Committee designated by the Chair, may administer oaths to witnesses before the Committee.

RULE 4. -- PROCEDURES FOR REPORTING MEASURES OR MATTERS.

(a) No measure or matter shall be reported from the Committee unless a majority of the Committee is actually present.

(b) The Chair of the Committee shall report or cause to be reported promptly to the House any measure approved by the committee and take necessary steps to bring a matter to a vote.

(c) The report of the 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 pursuant to the provisions of clause 2(b)(2) of rule XIII of the Rules of the House.

(d) The report of the Committee on a measure or matter that has been approved by the Committee shall include the matters required by clauses 2(c) and 3 of rule XIII of the Rules of the House.

(e) If, at the time of approval of any measure or matter by the Committee, 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 two subsequent calendar days (excluding Saturdays, Sundays, and legal holidays except when the House is in session on such day), to file such views, in writing and signed by that member, with the clerk of the Committee.

(f) After an adjournment of the last regular session of a Congress sine die, an investigative or oversight report approved by the Committee may be filed with the Clerk at any time, provided that if a member gives timely notice of intention to file supplemental, minority, or additional views, that member shall be entitled to not less than seven calendar days in which to submit such views for inclusion with the report.

(g) After an adjournment of the last regular session of a Congress sine die, the Chair of the Committee may file with the Clerk at any time and without approval of the Committee, the Committee's activity report for that Congress pursuant to clause 1(d)(1) of rule XI of the Rules of the House without the approval of the Committee, provided that a copy of the report has been available to each member of the Committee for at least seven calendar days and the report includes any supplemental, minority, or additional views submitted by a member of the Committee.

RULE 5. -- GENERAL OVERSIGHT AND INVESTIGATIVE RESPONSIBILITIES.

(a)(1) 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.

(2) Not later than February 15 of the first session of a Congress, the committee shall meet in open session, with a quorum present, to adopt its oversight plans for that Congress for submission to the Committee on House Oversight and the Committee on Government Reform and Oversight, in accordance with the provisions of clause 2(d) of rule X of the Rules of the House.

(b) The Committee is authorized at any time to conduct such investigations and studies as it may consider necessary or appropriate in the exercise of its responsibilities under rule X of the Rules of the House, and, subject to the adoption of expense resolutions as required by clauses 6, 7, and 8 of rule X of the Rules of the House, to incur expenses (including travel expenses) in connection therewith.

RULE 6. -- SUBCOMMITTEES.

{Note: There is no requirement in House Rules that committees establish any subcommittees.}

[Establishment and Responsibilities of Subcommittees]

[(a)(1) There shall be [number] subcommittees of the Committee as follows:

(A) Name of subcommittee and its jurisdiction;

(B) List as many as is relevant; etc.

(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) The Chair shall refer to a subcommittee such measures and matters as the Chair deems appropriate given its jurisdiction and responsibilities.

(2) All other measures or matters shall be subject to consideration by the full Committee.

(3) In referring any measure or matter to a subcommittee, the Chair may specify a date by which the subcommittee shall report thereon to the Committee.

(4) 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 chairman and ranking minority member thereof, in accordance with the rules of the respective party caucuses. The Chair of the full committee shall designate a member of the majority party on each subcommittee as its vice chairman.]

[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 chairman of each subcommittee shall schedule meetings and hearings of the subcommittee only after consultation with the Chair.

[Effect of a Vacancy]

[(e) Any vacancy in the membership of a subcommittee shall not affect the power of the remaining members to execute the functions of the subcommittee.]

[Records]

[(f) 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 as the Chair deems necessary for the Committee to comply with all rules and regulations of the House.]

RULE 7. -- STAFF.

In General

(a)(1) Except as provided in paragraphs (2) and (3), the professional and other staff of the Committee shall be appointed, and may be removed, 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, and may be removed, 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.

Subcommittee Staff

(b) 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.

Compensation of Staff

(c) 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.

Certification of Staff

(d)(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 staff director 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 8. -- BUDGET, TRAVEL, PAY OF WITNESSES.

Budget

(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.

Travel

(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.

Pay of Witnesses

(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 9. -- COMMITTEE ADMINISTRATION.

Records

(a)(1) There may [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 of Representatives. 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.

Committee Publications on the Internet

(b) To the maximum extent feasible, the Committee shall makes its publications available in electronic form.

[Calendars]

[(c)(1) The Committee shall maintain a Committee Calendar, which shall include all bills, resolutions, and other matters referred to or reported by the Committee. The Calendar shall be published periodically, but in no case less often than once in each session of Congress. {Note: There is no requirement in House Rules or statute that committees publish committee calendars, though most do at least on an annual basis.}

(2) The staff of the Committee shall furnish each member of the Committee on a [specified time period: e.g. weekly, monthly, or quarterly] basis with a list of all bills or resolutions reported from the Committee but not yet considered by the House.]

[RULE 10. -- 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 such Member at least [number] 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.]

ADDITIONAL NOTES & COMMENTS

1. Committees should remember that clause 1(a)(1)(A) of rule XI states that “Except as provided in subdivision (B),” (relating to motions to recess and to dispense with the first reading of a bill or resolution) “the Rules of the House are the rules of its committees and subcommittees as far as applicable.” Committees should attempt to ensure that their committee rules are consistent with House rules.

2. If the provisions of clauses 2 and 3 of House Rule XI are incorporated by reference (as suggested by model rules 1(c) and 3(a)(3)), rather than included in their entirety, they should be appended to the committee’s rules. And, in the case of a hearing, these should be included with the copy of committee rules provided in advance to witnesses upon request as required by clause 2(k)(2) of Rule XI (which already requires that a copy of clause 2 of rule XI be given to such witnesses).

3. The model rule 2 proposes four types of meetings -- though House Rules only provide for three -- regular meetings (on a specified day at least once a month -- specified time not required) [clause 2(b) of House Rule XI]; additional regular meetings [clause 2(c)(1) of House Rule XI]; and special meetings (which may ultimately be called by a majority of the members of the committee if the chairman denies a petition by at least three members of the committee for such a special meeting) [clause 2(c)(2) of Rule XI]. The model proposes a fourth category, “Emergency Meetings,” which may be called at any time after consultation with the ranking minority member, based on the expectation that most committee rules provide for specified advance notice of regular meetings.

4. Model rule 3(a)(3) is updated to reflect the growing use of internet broadcasting of committee hearings and meetings.

5. Model rule 3(c)(4) is a reflection of House Rule XI, clause 2(h)(4), which allows for committees to adopt a rule allowing the chairman to postpone ordered record votes on the approval of measures (bills and resolutions), matters (committee oversight plan, views & estimates, contempt reports, issuing a subpoena, etc.), or on adopting amendments. The new rule does not authorize chairmen to postpone any other type of vote, which includes any "procedural" votes. Adoption of this rule by committees is optional. However, if adopted, it is required that the committee rule provide that when proceedings resume on a postponed question, notwithstanding any intervening order for the previous question, that an underlying proposition shall remain subject to further debate or amendment to the same extent as when the question was postponed.

6. Model rule 3(d)(2) specifies the requirement that non-governmental witnesses must include with their advance written testimony a curriculum vitae and disclosure by source and amount of Federal grants and contracts received in the current and preceding two fiscal years. Since the language of the House rule states that “Each committee shall, to the greatest extent practicable, require witnesses” to provide advance copies of their statements with the required information (for non-governmental witnesses), the failure of a witness to fully comply would not give rise to a point of order to prevent the witness from testifying. However, the best means of ensuring compliance would be for the chairman to object to including the witness’ written testimony in the hearing record until the witness has provided the required information for inclusion. The committee is not required to publish written testimony in its hearing record; this is done by unanimous consent, subject to objection by any member.

7. Model rule 3(d)(3)(B) allows, pursuant to clause 2(j)(2) of House rule XI, a committee, by committee rule or motion, to permit designated members or staff to question witnesses for periods longer than 5 minutes. Since this is discretionary, even if a committee does not include this in its committee rules, it is in order at any hearing to consider a motion to allow for such extended questioning for that day (or series of hearings).

8. Model rule 4(d) references the clauses of House Rules that require certain matters to be included in committee reports.

9. Model rule 4(e) incorporates the rule that provides two days for filing views with a report after a measure is ordered reported. Additionally, committees have automatic leave until an hour after midnight on that second day to file the report if the opportunity for views has been requested. Where there has been no request by members to file views, there is no automatic right to file a report when the House is not in session. Example #1: If a committee orders a bill reported on a Wednesday, and a request has been made to file views, the committee will have until an hour after midnight on Friday (two days after approval), to file its report with the views, even if the House is not in session on Friday. Example #2: If a Committee orders a bill reported on Wednesday, and no request is made for the filing of views, the committee may only file its report on a day when and while the House is in session, unless special leave is granted by the House (usually done by unanimous consent), e.g., to have until midnight Friday to file.

10. Model rule 4(f) reflects the House rule that permits committees to file investigative or oversight reports at any time after the last session of a Congress has adjourned sine die, and permits committee members to have seven calendar days to file views “if timely requested.” The model rule has been drafted to make clear that the report must be approved by the committee (either prior to sine die adjournment or at a regularly scheduled meeting thereafter), and the request for filing views must be made at the time of approval of the report.

11.Model rule 4(g) permits committee activity reports to be filed after the sine die adjournment of the last session of a Congress without committee approval, but again permitting members seven calendar days in which to file views. The seven days begin on the date on which the report is made available to members of the committee. Under the current practice, committees are given special leave of the House to file their activities reports after the sine die adjournment, and it is understood that they need not meet to approve them. However, it is also understood that the opportunity to file views still applies and that the seven day time frame includes weekends and holidays.

12. Model rule 7(a) reflects clause 9 of House rule X regarding the appointment of committee staff. Each committee is entitled to not more than 30 professional staff which must be approved by vote of the committee (clause 9(a) of rule X). The minority is entitled to 10 of the 30 professional staff (approved by a majority of the minority), but subject to rejection by a majority of the committee, in which case the minority can nominate another staffer (clause 9(b) of rule X). Additional staff (beyond the core staff of 30 professionals) are not subject to approval by the committee.

13. Model rule 9(b) reflects the House rule that committees make their “publications” available in electronic form, “to the maximum extent feasible.” As a general rule of thumb, a “publication” should be considered anything in written form which the committee makes available to the public which is feasible to put on the Internet. It should not be confined to official documents filed with the Clerk and/or published by GPO.