Mr. Speaker, pursuant to House Rule XI, the Committee on Oversight and Government Reform adopted its rules for the 113th Congress on January 22, 2013, and I submit them now for publication in the Congressional Record. Rule 1--Application…
Mr. Speaker, pursuant to House Rule XI, the Committee on Oversight and Government Reform adopted its rules for the 113th Congress on January 22, 2013, and I submit them now for publication in the Congressional Record.
Rule 1--Application of Rules
Except where the terms ``full committee'' and
``subcommittee'' are specifically referred to, the following
rules shall apply to the Committee on Oversight and
Government Reform and its subcommittees as well as to the
respective chairs and ranking minority members.
Rule 2--Meetings
The regular meetings of the full committee shall be held on
the second Thursday of each month at 10 a.m., when the House
is in session. The chairman is authorized to dispense with a
regular meeting or to change the date thereof, and to call
and convene additional meetings, when circumstances warrant.
A special meeting of the committee may be requested by
members of the committee pursuant to the provisions of House
Rule XI, clause 2(c)(2). Subcommittees shall meet at the call
of the subcommittee chairs. Every member of the committee,
unless prevented by unusual circumstances, shall be provided
with a memorandum at least three calendar days before each
meeting or hearing explaining: (1) the purpose of the meeting
or hearing; and (2) the names, titles, background and reasons
for appearance of any witnesses. The ranking minority member
shall be responsible for providing the same information on
witnesses whom the minority may request.
Rule 3--Quorums
(a) A majority of the members of the committee shall form a
quorum, except that two members shall constitute a quorum for
taking testimony and receiving evidence, and one third of the
members shall form a quorum for taking any action other than
for which the presence of a majority of the committee is
otherwise required. If the chairman is not present at any
meeting of the committee or subcommittee, the ranking member
of the majority party on the committee who is present shall
preside at that meeting.
(b) The chairman of the full committee may, at the request
of a subcommittee chair, make a temporary assignment of any
member of the full committee to such subcommittee for the
purpose of constituting a quorum at and participating in any
public hearing by such subcommittee to be held outside of
Washington, DC. Members appointed to such temporary positions
shall not be voting members. The chairman shall give
reasonable notice of such temporary assignment to the ranking
minority members of the committee.
Rule 4--Committee Reports
(a) Bills and resolutions approved by the full committee
shall be reported by the chairman pursuant to House Rule
XIII, clauses 2-4.
(b) A proposed investigative or oversight report shall not
be considered in the committee unless the proposed report has
been available to the members of the committee for at least
three calendar days (excluding Saturdays, Sundays, and legal
holidays, unless the House is in session on such days) before
consideration of such proposed report in the committee. If
hearings have been held on the matter reported upon, every
reasonable effort shall be made to have such hearings printed
and available to the members of the committee before the
consideration of the proposed report in the committee.
(c) Every investigative or oversight report shall be
approved by a majority vote of the committee at a meeting at
which a quorum is present. If at the time of approval of such
a report a member of the committee gives notice of intent to
file supplemental, minority, or additional views that
member shall be entitled to file such views following
House Rule XI, clause 2(l) and Rule XIII, clause 3(a)(1).
(d) Only those investigative or oversight reports approved
by a majority vote of the committee may be ordered printed,
unless otherwise required by the Rules of the House of
Representatives.
Rule 5--Record Votes
(a) A record vote of the members may be had upon the
request of any member upon approval of a one-fifth vote of
the members present.
(b) Pursuant to House Rule XI, clause 2(h)(4), the chairman
is authorized to postpone further proceedings when a record
vote is ordered on the question of approving a measure or
matter or on adopting an amendment and to resume proceedings
on a postponed question at any time after reasonable notice.
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. After consultation with the ranking
minority member, the chairman shall take reasonable steps to
notify members on the resumption of proceedings on any
postponed record vote.
Rule 6--Subcommittees; Referrals
(a) There shall be five standing subcommittees with
appropriate party ratios. The chairman shall assign members
to the subcommittees. Minority party assignments shall be
made only with the concurrence of the ranking minority
member. The subcommittees shall have the following fixed
jurisdictions:
(1) The Subcommittee on Federal Workforce, U.S. Postal
Service and the Census--Legislative jurisdiction over the
federal civil service, the U.S. Postal Service, and the
Census Bureau;
(2) The Subcommittee on Government Operations--Legislative
jurisdiction over government management and accounting
measures, the economy, efficiency, and management of
government operations and activities, procurement, federal
property, public information, including the Freedom of
Information Act and Federal Advisory Committee Act, federal
records (including the National Archives and Records
Administration and the Presidential Records Act) federal
information technology and data standards, grant reform, the
relationship between the federal government and states and
municipalities, including unfunded mandates;
(3) The Subcommittee on National Security--Oversight
jurisdiction over national security, homeland security,
foreign operations, immigration, emergency management, and
criminal justice. The Subcommittee also has legislative
jurisdiction over drug policy;
(4) The Subcommittee on Economic Growth, Job Creation, and
Regulatory Affairs--Oversight jurisdiction over regulatory
affairs, impediments to economic growth and job creation,
monetary policy, banking, infrastructure, and tax policy. The
Subcommittee also has legislative jurisdiction over federal
paperwork reduction, data quality, and the Office of
Information and Regulatory Affairs; and
(5) The Subcommittee on Energy Policy, Health Care and
Entitlements--Oversight jurisdiction over federal health care
policy, food and drug safety, energy policy, solvency of
federal entitlement programs.
(b) Bills, resolutions, and other matters shall be
expeditiously referred by the chairman to subcommittees for
consideration or investigation in accordance with their fixed
jurisdictions. Where the subject matter of the referral
involves the jurisdiction of more than one subcommittee or
does not fall within any previously assigned jurisdiction,
the chairman shall refer the matter as he may deem advisable.
Bills, resolutions, and other matters referred to
subcommittees may be re-referred or discharged by the
chairman when, in his judgment, the subcommittee is not able
to complete its work or cannot reach agreement therein.
(c) The chairman and the ranking minority member of the
full committee shall be ex officio members of all
subcommittees. They are authorized to vote on subcommittee
matters; but, unless they are regular members of the
subcommittee, they shall not be counted in determining a
subcommittee quorum other than a quorum for taking testimony.
Rule 7--Subcommittee Scheduling
(a) Each subcommittee 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.
(b) No subcommittee may meet or hold a hearing at the same
time as a meeting or hearing of the full committee.
(c) The chair of each subcommittee shall set hearing and
meeting dates only with the approval of the full committee
chairman with a view toward assuring the availability of
meeting rooms and avoiding simultaneous scheduling of
committee meetings or hearings.
(d) Each subcommittee chair shall notify the chairman of
any hearing plans at least two weeks before the date of
commencement of the hearings, including the date, place,
subject matter, and the names of witnesses, willing and
unwilling, who would be called to testify, including, to the
extent the chair is advised thereof, witnesses whom the
minority members may request.
Rule 8--Staff
(a) Except as otherwise provided by House Rule X, clauses
6, 7 and 9, the chairman of the full committee shall have the
authority to hire and discharge employees of the professional
and clerical staff of the committee.
(b) Except as otherwise provided by House Rule X, clauses
6, 7 and 9, the staff of the committee shall be subject to
the direction of the chairman of the full committee and shall
perform such duties as he or she may assign.
Rule 9--Hearings
(a) A committee member may question witnesses only when
recognized by the chairman for that purpose. In accordance
with House Rule XI, clause 2(j)(2), the five-minute rule
shall apply during the questioning of witnesses in a hearing.
The chairman shall, so far as practicable, recognize
alternately based on seniority of those majority and minority
members present at the time the hearing was called to order
and others based on their arrival at the hearing. After that,
additional time may be extended at the direction of the
chairman.
(b) The chairman, with the concurrence of the ranking
minority member, or the committee by motion, may permit an
equal number of majority and minority members to question a
witness for a specified, total period that is equal for each
side and not longer than thirty minutes for each side.
(c) The chairman, with the concurrence of the ranking
minority member, or the committee by motion, may permit
committee staff of the majority and minority to question a
witness for a specified, total period that is equal for each
side and not longer than thirty minutes for each side.
(d) Nothing in paragraph (b) or (c) affects the rights of a
member (other than a member designated under paragraph (b))
to question a witness for 5 minutes in accordance with
paragraph (a) after the questioning permitted under paragraph
(b) or (c). In any extended questioning permitted under
paragraph (b) or (c), the chairman shall determine how to
allocate the time permitted for extended questioning by
majority members or majority committee staff, and the ranking
minority member shall determine how to allocate the time
permitted for extended questioning by minority members or
minority committee staff The chairman or the ranking minority
member, as applicable, may allocate the time for any extended
questioning permitted to staff under paragraph (c) to
members.
(e) Hearings shall be conducted according to the procedures
in House Rule XI, clause 2(k). All questions put to witnesses
before the committee shall be relevant to the subject matter
before the Committee for consideration, and the chairman
shall rule on the relevance of any questions put to the
witnesses.
(f) Witnesses appearing before the committee shall so far
as practicable, submit written statements at least 24 hours
before their appearance. Witnesses appearing in a non-
governmental capacity shall include a curriculum vitae and a
disclosure of the amount and source (by agency and program)
of each federal grant (or subgrant thereof) or contract (or
subcontract thereof) received during the current fiscal year
or either of the two previous fiscal years, by the witness or
by an entity represented by the witness.
(g) The chairman or any member designated by the chairman
may administer oaths to any witness before the committee. All
witnesses appearing in hearings may be administered the
following oath by the Chairman or his designee prior to
receiving the testimony: ``Do you solemnly swear or affirm
that the testimony that you are about to give is the truth,
the whole truth, and nothing but the truth, so help you
God?''.
Rule 10--Committee Records, Open Meetings, Transparency
(a) The committee staff shall maintain in the committee
offices a complete record of committee actions from the
current Congress including a record of the roll call votes
taken at committee business meetings. The original records,
or true copies thereof, as appropriate, shall be available
for public inspection whenever the committee offices are open
for public business. The staff shall assure that such
original records are preserved with no unauthorized
alteration, additions, or defacement.
(b) A stenographic record of all testimony shall be kept of
public hearings and shall be made available on such
conditions as the chairman may prescribe.
(c) Meetings for the transaction of business and hearings
of the committee shall be open to the public or closed in
accordance with the Rules of the House of Representatives.
(d) The chairman of the full committee shall maintain an
official website on behalf of the committee for the purpose
of furthering the committee's legislative and oversight
responsibilities, including communicating information about
the Committee's activities to committee members and other
members of the House. To the greatest extent practicable,
the chairman shall ensure that committee records are made
available on the committee's official website in
appropriate formats.
(e) The ranking minority member of the full committee is
authorized to maintain a similar official website on behalf
of the committee minority for the same purpose, including
communicating information about the activities of the
minority to committee members and other members of the House.
Rule 11--Audio and Visual Coverage of Committee Proceedings
(a) An open meeting or hearing of the committee may be
covered, in whole or in part, by television broadcast, radio
broadcast, internet broadcast, and still photography, unless
closed subject to the provisions of House Rules. Any such
coverage shall conform to the provisions of House Rule XI,
clause 4.
(b) Use of the Committee Broadcast System shall be fair and
nonpartisan, and in accordance with House Rule XI, clause
4(b), and all other applicable rules of the House of
Representatives and the Committee on Oversight and Government
Reform. Members of the committee shall have prompt access to
a copy of coverage by the Committee Broadcast System, to the
extent that such coverage is maintained.
(c) Personnel providing coverage of an open meeting or
hearing of the committee by internet broadcast, other than
through the Committee Broadcast System shall be currently
accredited to the Radio and Television Correspondents'
Galleries. If the Committee Broadcast System is not
available, the chairman may, with the concurrence of the
ranking minority member, direct staff to provide coverage in
a manner that is fair and nonpartisan and in accordance with
House Rule XI, clause 4.
Rule 12--Additional Duties of Chairman
The chairman of the full committee shall:
(a) Make available to other committees the findings and
recommendations resulting from the investigations of the
committee as required by House Rule X, clause 4(c)(2);
(b) Direct such review and studies on the impact or
probable impact of tax policies affecting subjects within the
committee's jurisdiction as required by House Rule X, clause
2(c);
(c) Submit to the Committee on the Budget views and
estimates required by House Rule X, clause 4(f), and to file
reports with the House as required by the Congressional
Budget Act;
(d) Authorize and issue subpoenas as provided in House Rule
XI, clause 2(m), in the conduct of any investigation or
activity or series of investigations or activities within the
jurisdiction of the Committee;
(e) Prepare, after consultation with the ranking minority
member, a budget for the Committee;
(f) Make any necessary technical and conforming changes to
legislation reported by the committee upon unanimous consent;
and
(g) Offer motions under clause 1 of Rule XXII of the Rules
of the House (motion to request or agree to a conference)
whenever the chairman considers it appropriate.
Rule 13--Consideration of Certain Bills and Resolutions
(a) The determination of the subject matter of
commemorative stamps and new semi-postal issues is properly
for consideration by the Postmaster General and the committee
will not give consideration to legislative proposals
specifying the subject matter of commemorative stamps and new
semi-postal issues. It is suggested that recommendations for
the subject matter of stamps be submitted to the Postmaster
General.
(b) The consideration of bills designating facilities of
the United States Postal Service shall be conducted so as to
minimize the time spent on such matters by the committee and
the House of Representatives.
(c) The Chairman shall not request to have scheduled any
resolution for consideration under suspension of the Rules,
which expresses appreciation, commends, congratulates,
celebrates, recognizes the accomplishments of, or celebrates
the anniversary of an entity, event, group, individual,
institution, team or government program; or acknowledges or
recognizes a period of time for such purposes.
Rule 14--Panels and Task Forces
(a) The chairman of the full committee is authorized to
appoint panels or task forces to carry out the duties and
functions of the committee.
(b) The chairman and ranking minority member of the full
committee may serve as ex-officio members of each panel or
task force.
(c) The chairman of any panel or task force shall be
appointed by the chairman of the full committee. The ranking
minority member of the full committee shall select a ranking
minority member for each panel or task force.
(d) The House and committee rules applicable to
subcommittee meetings, hearings, recommendations, and reports
shall apply to the meetings, hearings, recommendations, and
reports of panels and task forces.
(e) No panel or task force so appointed shall continue in
existence for more than six months. A panel or task force so
appointed may, upon the expiration of six months, be
reappointed by the chairman.
Rule 15--Deposition Authority
(a) The chairman of the full committee, upon consultation
with the ranking minority member of the full committee, may
order the taking of depositions, under oath and pursuant to
notice or subpoena.
(b) Notices for the taking of depositions shall specify the
date, time, and place of examination (if other than within
the committee offices). Depositions shall be taken under oath
administered by a member or a person otherwise authorized to
administer oaths.
(c) Consultation with the ranking minority member shall
include three business days notice before any deposition is
taken. All members shall also receive three business days
notice that a deposition has been scheduled.
(d) Witnesses may be accompanied at a deposition by counsel
to advise them of their rights. No one may be present at
depositions except members, committee staff designated by the
chairman or ranking minority member of the full committee, an
official reporter, the witness, and the witness's counsel.
Observers or counsel for other persons, or for agencies under
investigation, may not attend.
(e) At least one member of the committee shall be present
at each deposition taken by the committee, unless the witness
to be deposed agrees in writing to waive this requirement.
(f) A deposition shall be conducted by any member or staff
attorney designated by the chairman or ranking minority
member. When depositions are conducted by committee staff
attorneys, there shall be no more than two committee staff
attorneys permitted to question a witness per round. One of
the committee staff attorneys shall be designated by the
chairman and the other by the ranking minority member. Other
committee staff members designated by the chairman or ranking
minority member may attend, but may not pose questions to the
witness.
(g) Questions in the deposition shall be propounded in
rounds, alternating between
the majority and minority. A single round shall not exceed 60
minutes per side, unless the members or staff attorneys
conducting the deposition agree to a different length of
questioning. In each round, a member or committee staff
attorney designated by the chairman shall ask questions
first, and the member or committee staff attorney designated
by the ranking minority member shall ask questions second.
(h) Any objection made during a deposition must be stated
concisely and in a non-argumentative and non-suggestive
manner. The witness may refuse to answer a question only to
preserve a privilege. When the witness has objected and
refused to answer a question to preserve a privilege, the
full committee chairman may rule on any such objection after
the deposition has adjourned. If the chairman overrules any
such objection and thereby orders a witness to answer any
question to which a privilege objection was lodged, such
ruling shall be filed with the clerk of the committee and
shall be provided to the members and the witness no less than
three days before the reconvened deposition. If a member of
the committee appeals in writing the ruling of the chairman,
the appeal shall be preserved for committee consideration. A
deponent who refuses to answer a question after being
directed to answer by the chairman in writing may be subject
to sanction, except that no sanctions may be imposed if the
ruling of the chairman is reversed on appeal.
(i) Committee staff shall ensure that the testimony is
either transcribed or electronically recorded or both. If a
witness's testimony is transcribed, the witness or the
witness's counsel shall be afforded an opportunity to review
a copy. No later than five days thereafter, the witness may
submit suggested changes to the chairman. Committee staff may
make any typographical and technical changes. Substantive
changes, modifications, clarifications, or amendments to the
deposition transcript submitted by the witness must be
accompanied by a letter signed by the witness requesting the
changes and a statement of the witness's reasons for each
proposed change. Any substantive changes, modifications,
clarifications, or amendments shall be included as an
appendix to the transcript conditioned upon the witness
signing the transcript.
(j) The individual administering the oath, if other than a
member, shall certify on the transcript that the witness was
duly sworn. The transcriber shall certify that the transcript
is a true record of the testimony, and the transcript shall
be filed, together with any electronic recording, with the
clerk of the Committee in Washington, DC. Depositions shall
be considered to have been taken in Washington, DC, as well
as the location actually taken once filed there with the
clerk of the Committee for the Committee's use. The chairman
and the ranking minority member of the full committee shall
be provided with a copy of the transcripts of the deposition
at the same time.
(k) The chairman and ranking minority member of the full
committee shall consult regarding the release of depositions.
If either objects in writing to a proposed release of a
deposition or a portion thereof, the matter shall be promptly
referred to the full committee for resolution.
(l) A witness shall not be required to testify unless the
witness has been provided with a copy of the committee's
rules.