Madam Speaker, pursuant to clause 2 of rule XI, I submit for publication in the Congressional Record the rules of the Committee on Appropriations for the 111th Congress, adopted on January 21, 2009. Committee on Appropriations, Committee…
Madam Speaker, pursuant to clause 2 of rule XI, I submit for publication in the Congressional Record the rules of the Committee on Appropriations for the 111th Congress, adopted on January 21, 2009.
Committee on Appropriations, Committee Rules, Effective for One Hundred
Eleventh Congress, Approved January 21, 2009
RESOLVED, That the rules and practices of the Committee on
Appropriations, House of Representatives, in the One Hundred
Tenth Congress, except as otherwise provided hereinafter,
shall be and are hereby adopted as the rules and practices of
the Committee on Appropriations in the One Hundred Eleventh
Congress.
The foregoing resolution adopts the following rules:
Sec. 1: Power to Sit and Act
(a) For the purpose of carrying out any of its functions
and duties under Rules X and XI of the Rules of the House of
Representatives, the Committee and each of its subcommittees
is authorized:
(1) To sit and act at such times and places within the
United States whether the House is in session, has recessed,
or has adjourned, and to hold such hearings as it deems
necessary; and (2) To require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the production
of such books, reports, correspondence, memorandums, papers,
and documents as it deems necessary.
(b) The Chairman, or any Member designated by the Chairman,
may administer oaths to any witness.
(c) A subpoena may be authorized and issued by the
Committee or its subcommittees under subsection (a)(2) in the
conduct of any investigation or activity or series of
investigations or activities, only when authorized by a
majority of the Members of the Committee voting, a majority
being present. The power to authorize and issue subpoenas
under subsection (a)(2) may be delegated to the Chairman
pursuant to such rules and under such limitations as the
Committee may prescribe. Authorized subpoenas shall be signed
by the Chairman or by any Member designated by the Committee.
(d) Compliance with any subpoena issued by the Committee or
its subcommittees may be enforced only as authorized or
directed by the House.
Sec. 2: Subcommittees
(a) The Majority Caucus of the Committee shall establish
the number of subcommittees and shall determine the
jurisdiction of each subcommittee.
(b) Each subcommittee is authorized to meet, hold hearings,
receive evidence, and report to the Committee all matters
referred to it.
(c) All legislation and other matters referred to the
Committee shall be referred to the subcommittee of
appropriate jurisdiction within two weeks unless, by majority
vote of the Majority Members of the full Committee,
consideration is to be by the full Committee.
(d) The Majority Caucus of the Committee shall determine an
appropriate ratio of Majority to Minority Members for each
subcommittee. The Chairman is authorized to negotiate that
ratio with the Minority; Provided, however, That party
representation in each subcommittee, including ex-officio
members, shall be no less favorable to the Majority than the
ratio for the full Committee.
(e) The Chairman and Ranking Minority Member of the full
Committee are each authorized to sit as a member of all
subcommittees and to participate, including voting, in all of
the work of the subcommittees.
Sec. 3: Staffing
(a) Committee Staff--The Chairman is authorized to appoint
the staff of the Committee, and make adjustments in the job
titles and compensation thereof subject to the maximum rates
and conditions established in Clause 9(c) of Rule X of the
Rules of the House of Representatives. In addition, he is
authorized, in his discretion, to arrange for their
specialized training. The Chairman is also authorized to
employ additional personnel as necessary.
(b) Assistants to Members:
(1) Each of the top twenty-one senior majority and minority
Members of the full
Committee may select and designate one staff member who shall
serve at the pleasure of that Member. Effective as of such
date as the Chairman may determine, all other Members of the
Committee may also each select and designate one such staff
member.
(2) Effective as of such date as the Chairman may
determine, the Chairman and Ranking Minority Member of the
full committee and of each subcommittee may each select and
designate one staff member, in addition to the staff member
designated under the preceding paragraph, who shall serve at
the pleasure of the Member making the designation.
(3) Staff members designated under this subsection shall be
compensated at a rate, determined by the Member, not to
exceed 75 per centum of the maximum established in Clause 9
(c) of Rule X of the Rules of the House of Representatives.
Effective as of such date as the Chairman may determine, the
limit on compensation under this subsection shall be
increased to 80 per centum of such maximum.
(4) Members designating staff members under this subsection
must specifically certify by letter to the Chairman that the
employees are needed and will be utilized for Committee work.
Sec. 4: Committee Meetings
(a) Regular Meeting Day--The regular meeting day of the
Committee shall be the first Wednesday of each month while
the House is in session, unless the Committee has met within
the past 30 days or the Chairman considers a specific meeting
unnecessary in the light of the requirements of the Committee
business schedule.
(b) Additional and Special Meetings:
(1) The Chairman may call and convene, as he considers
necessary, additional meetings of the Committee for the
consideration of any bill or resolution pending before the
Committee or for the conduct of other Committee business. The
Committee shall meet for such purpose pursuant to that call
of the Chairman.
(2) If at least three Committee Members desire that a
special meeting of the Committee be called by the Chairman,
those Members may file in the Committee Offices a written
request to the Chairman for that special meeting. Such
request shall specify the measure or matter to be considered.
Upon the filing of the request, the Committee Clerk shall
notify the Chairman.
(3) If within three calendar days after the filing of the
request, the Chairman does not call the requested special
meeting to be held within seven calendar days after the
filing of the request, a majority of the Committee Members
may file in the Committee Offices their written notice that a
special meeting will be held, specifying the date and hour of
such meeting, and the measure or matter to be considered. The
Committee shall meet on that date and hour.
(4) Immediately upon the filing of the notice, the
Committee Clerk shall notify all Committee Members that such
special meeting will be held and inform them of its date and
hour and the measure or matter to be considered. Only the
measure or matter specified in that notice may be considered
at the special meeting.
(c) Vice Chairman To Preside in Absence of Chairman--A
member of the majority party on the Committee or subcommittee
thereof designated by the Chairman of the full Committee
shall be vice chairman of the Committee or subcommittee, as
the case may be, and shall preside at any meeting during the
temporary absence of the chairman. If the chairman and vice
chairman of the Committee or subcommittee are not present at
any meeting of the Committee or subcommittee, the ranking
member of the majority party who is present shall preside at
that meeting.
(d) Business Meetings:
(1) Each meeting for the transaction of business, including
the markup of legislation, of the Committee and its
subcommittees shall be open to the public except when the
Committee or the subcommittee concerned, in open session and
with a majority present, determines by roll call vote that
all or part of the remainder of the meeting on that day shall
be closed.
(2) No person other than Committee Members and such
congressional staff and departmental representatives as they
may authorize shall be present at any business or markup
session which has been closed.
(e) Committee Records:
(1) The Committee shall keep a complete record of all
Committee action, including a record of the votes on any
question on which a roll call is demanded. The result of each
roll call vote shall be available for inspection by the
public during regular business hours in the Committee
Offices. The information made available for public inspection
shall include a description of the amendment, motion, or
other proposition, and the name of each Member voting for and
each Member voting against, and the names of those Members
present but not voting.
(2) All hearings, records, data, charts, and files of the
Committee shall be kept separate and distinct from the
congressional office records of the Chairman of the
Committee. Such records shall be the property of the House,
and all Members of the House shall have access thereto.
(3) The records of the Committee at the National Archives
and Records Administration shall be made available in
accordance with Rule VII of the Rules of the House, except
that the Committee authorizes use of any record to which
Clause 3 (b)(4) of Rule VII of the Rules of the House would
otherwise apply after such record has been in existence for
20 years. The Chairman shall notify the Ranking Minority
Member of any decision, pursuant to Clause 3 (b)(3) or Clause
4 (b) of Rule VII of the Rules of the House, to withhold a
record otherwise available, and the matter shall be presented
to the Committee for a determination upon the written request
of any Member of the Committee.
(f) Availability of Record Votes on the Committee's
Website.--In addition to any other requirement of these rules
or the Rules of the House, the Chairman shall make the record
of the votes on any question on which a record vote is
demanded available on the Committee's website not later than
3 legislative days after such vote is taken. Such record
shall include a description of the amendment, motion, order,
or other proposition, the name of each member voting for and
each member voting against such amendment, motion, order, or
proposition, and the names of those members of the committee
present but not voting.
Sec. 5: Committee and Subcommittee Hearings
(a) Overall Budget Hearings--Overall budget hearings by the
Committee, including the hearing required by Section 242 (c)
of the Legislative Reorganization Act of 1970 and Clause 4
(a)(1) of Rule X of the Rules of the House of Representatives
shall be conducted in open session except when the Committee
in open session and with a majority present, determines by
roll call vote that the testimony to be taken at that hearing
on that day may be related to a matter of national security;
except that the Committee may by the same procedure close one
subsequent day of hearing. A transcript of all such hearings
shall be printed and a copy furnished to each Member,
Delegate, and the Resident Commissioner from Puerto Rico.
(b) Other Hearings:
(1) All other hearings conducted by the Committee or its
subcommittees shall be open to the public except when the
Committee or subcommittee in open session and with a majority
present determines by roll call vote that all or part of the
remainder of that hearing on that day shall be closed to the
public because disclosure of testimony, evidence, or other
matters to be considered would endanger the national security
or would violate any law or Rule of the House of
Representatives. Notwithstanding the requirements of the
preceding sentence, a majority of those present at a hearing
conducted by the Committee or any of its subcommittees, there
being in attendance the number required under Section 5 (c)
of these Rules to be present for the purpose of taking
testimony, (1) may vote to close the hearing for the sole
purpose of discussing whether testimony or evidence to
be received would endanger the national security or
violate Clause 2 (k)(5) of Rule XI of the Rules of the
House of Representatives or (2) may vote to close the
hearing, as provided in Clause 2 (k)(5) of such Rule. No
Member of the House of Representatives may be excluded
from nonparticipatory attendance at any hearing of the
Committee or its subcommittees unless the House of
Representatives shall by majority vote authorize the
Committee or any of its subcommittees, for purposes of a
particular series of hearings on a particular article of
legislation or on a particular subject of investigation,
to close its hearings to Members by the same procedures
designated in this subsection for closing hearings to the
public; Provided, however, That the Committee or its
subcommittees may by the same procedure vote to close five
subsequent days of hearings.
(2) Subcommittee chairmen shall coordinate the development
of schedules for meetings or hearings after consultation with
the Chairman and other subcommittee chairmen with a view
toward avoiding simultaneous scheduling of Committee and
subcommittee meetings or hearings.
(3) Each witness who is to appear before the Committee or
any of its subcommittees as the case may be, insofar as is
practicable, shall file in advance of such appearance, a
written statement of the proposed testimony and shall limit
the oral presentation at such appearance to a brief summary,
except that this provision shall not apply to any witness
appearing before the Committee in the overall budget
hearings.
(4) Each witness appearing in a nongovernmental capacity
before the Committee, or any of its subcommittees as the case
may be, shall to the greatest extent practicable, submit a
written statement including 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 previous fiscal years by the witness or
by an entity represented by the witness.
(c) Quorum for Taking Testimony--The number of Members of
the Committee which shall constitute a quorum for taking
testimony and receiving evidence in any hearing of the
Committee shall be two.
(d) Calling and Interrogation of Witnesses:
(1) The Minority Members of the Committee or its
subcommittees shall be entitled, upon request to the Chairman
or subcommittee chairman, by a majority of them before
completion of any hearing, to call witnesses selected by the
Minority to testify with respect to the matter under
consideration during at least one day of hearings thereon.
(2) The Committee and its subcommittees shall observe the
five-minute rule during the interrogation of witnesses until
such time as each Member of the Committee or subcommittee who
so desires has had an opportunity to question the witness.
(e) Broadcasting and Photographing of Committee Meetings
and Hearings--Whenever a hearing or meeting conducted by the
full Committee or any of its subcommittees is open to the
public, those proceedings shall be open to coverage by
television, radio, and still photography, as provided in
Clause (4)(f) of Rule XI of the Rules of the House of
Representatives. Neither the full Committee Chairman or
subcommittee chairman shall limit the number of television or
still cameras to fewer than two representatives from each
medium.
(f) Subcommittee Meetings--No subcommittee shall sit while
the House is reading an appropriation measure for amendment
under the five-minute rule or while the Committee is in
session.
(g) Public Notice of Committee Hearings--The Chairman of
the Committee shall make public announcement of the date,
place, and subject matter of any Committee or subcommittee
hearing at least one week before the commencement of the
hearing. If the Chairman of the Committee or subcommittee,
with the concurrence of the ranking minority member of the
Committee or respective subcommittee, determines there is
good cause to begin the hearing sooner, or if the Committee
or subcommittee so determines by majority vote, a quorum
being present for the transaction of business, the Chairman
or subcommittee chairman shall make the announcement at the
earliest possible date. Any announcement made under this
subsection shall be promptly published in the Daily Digest
and promptly entered into the Committee scheduling service of
the House Information Systems.
Sec. 6: Procedures for Reporting Bills and Resolutions
(a) Prompt Reporting Requirement:
(1) It shall be the duty of the Chairman to report, or
cause to be reported promptly to the House any bill or
resolution approved by the Committee and to take or cause to
be taken necessary steps to bring the matter to a vote.
(2) In any event, a report on a bill or resolution which
the Committee has approved shall be filed within seven
calendar days (exclusive of days in which the House is not in
session) after the day on which there has been filed with the
Committee Clerk a written request, signed by a majority of
Committee Members, for the reporting of such bill or
resolution. Upon the filing of any such request, the
Committee Clerk shall notify the Chairman immediately of the
filing of the request. This subsection does not apply to the
reporting of a regular appropriation bill or to the reporting
of a resolution of inquiry addressed to the head of an
executive department.
(b) Presence, of Committee Majority--No measure or
recommendation shall be reported from the Committee unless a
majority of the Committee was actually present.
(c) Roll Call Votes--With respect to each roll call vote on
a motion to report any measure or matter of a public
character, and on any amendment offered to the measure of
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.
(d) Compliance With Congressional Budget Act--A Committee
report on a bill or resolution which has been approved by the
Committee shall include the statement required by Section
308(a) of the Congressional Budget Act of 1974, separately
set out and clearly identified, if the bill or resolution
provides new budget authority.
(e) Constitutional Authority Statement--Each report of the
Committee on a bill or joint resolution of a public character
shall include a statement citing the specific powers granted
to the Congress in the Constitution to enact the law proposed
by the bill or joint resolution.
(f) Changes in Existing Law--Each Committee report on a
general appropriation bill shall contain a concise statement
describing fully the effect of any provision of the bill
which directly or indirectly changes the application of
existing law.
(g) Rescissions and Transfers--Each bill or resolution
reported by the Committee shall include separate headings for
rescissions and transfers of unexpended balances with all
proposed rescissions and transfers listed therein. The report
of the Committee accompanying such a bill or resolution shall
include a separate section with respect to such rescissions
or transfers.
(h) Listing of Unauthorized Appropriations--Each Committee
report on a general appropriation bill shall contain a list
of all appropriations contained in the bill for any
expenditure not currently authorized by law for the period
concerned (except for classified intelligence or national
security programs, projects, or activities) along with a
statement of the last year for which such expenditures were
authorized, the level of expenditures authorized for that
year, the actual level of expenditures for that year, and the
level of appropriations in the bill for such expenditures.
(i) Supplemental or Minority Views:
(1) If, at the time the Committee approves any measure or
matter, any Committee Member gives notice of intention to
file supplemental, minority, or additional views, the Member
shall be entitled to not less than two additional calendar
days after the day of such notice (excluding Saturdays,
Sundays, and legal holidays) in which to file such views in
writing and signed by the Member, with the Clerk of the
Committee. All such views so filed shall be included in and
shall be a part of the report filed by the Committee with
respect to that measure or matter.
(2) The Committee report on that measure or matter shall be
printed in a single volume which--
(i) shall include all supplemental, minority, or additional
views which have been submitted by the time of the filing of
the report, and
(ii) shall have on its cover a recital that any such
supplemental, minority, or additional views are included as
part of the report.
(3) This subsection does not preclude--
(i) the immediate filing or printing of a Committee report
unless timely request for the opportunity to file
supplemental, minority, or additional views has been made as
provided by such subsection; or
(ii) the filing by the Committee of a supplemental report
on a measure or matter which may be required for correction
of any technical error in a previous report made by the
Committee on that measure or matter.
(4) If, at the time a subcommittee approves any measure or
matter for recommendation to the full Committee, any Member
of that subcommittee who gives notice of intention to offer
supplemental, minority, or additional views shall be
entitled, insofar as is practicable and in accordance with
the printing requirements as determined by the subcommittee,
to include such views in the Committee Print with respect to
that measure or matter.
(j) Availability of Reports--A copy of each bill,
resolution, or report shall be made available to each Member
of the Committee at least three calendar days (excluding
Saturdays, Sundays, and legal holidays) in advance of the
date on which the Committee is to consider each bill,
resolution, or report; Provided, That this subsection may be
waived by agreement between the Chairman and the Ranking
Minority Member of the full Committee.
(k) Performance Goals and Objectives--Each Committee report
shall contain a statement of general performance goals and
objectives, including outcome-related goals and objectives,
for which the measure authorizes funding.
(l) Motion to go to Conference--The Chairman is directed to
offer a motion under clause 1 of rule XXII of the Rules of
the House whenever the Chairman considers it appropriate.
Sec. 7: Voting
(a) No vote by any Member of the Committee or any of its
subcommittees with respect to any measure or matter may be
cast by proxy.
(b) The vote on any question before the Committee shall be
taken by the yeas and nays on the demand of one-fifth of the
Members present.
(c) The Chairman of the Committee or the chairman of any of
its subcommittees may--
(1) postpone further proceedings when a record vote is
ordered on the question of approving a measure or matter or
on adopting an amendment;
(2) 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.
Sec. 8: Studies and Examinations
The following procedure shall be applicable with respect to
the conduct of studies and examinations of the organization
and operation of Executive Agencies under authority contained
in Section 202(b) of the Legislative Reorganization Act of
1946 and in Clause (3)(a) of Rule X of the Rules of the House
of Representatives:
(a) The Chairman is authorized to appoint such staff and,
in his discretion, arrange for the procurement of temporary
services of consultants, as from time to time may be
required.
(b) Studies and examinations will be initiated upon the
written request of a subcommittee which shall be reasonably
specific and definite in character, and shall be initiated
only by a majority vote of the subcommittee, with the
chairman of the subcommittee and the ranking minority member
thereof participating as part of such majority vote. When so
initiated such request shall be filed with the Clerk of the
Committee for submission to the Chairman and the Ranking
Minority Member and their approval shall be required to make
the same effective. Notwithstanding any action taken on such
request by the chairman and ranking minority member of the
subcommittee, a request may be approved by a majority of the
Committee.
(c) Any request approved as provided under subsection (b)
shall be immediately turned over to the staff appointed for
action.
(d) Any information obtained by such staff shall be
reported to the chairman of the subcommittee requesting such
study and examination and to the Chairman and Ranking
Minority Member, shall be made available to the members of
the subcommittee concerned, and shall not be released for
publication until the subcommittee so determines.
(e) Any hearings or investigations which may be desired,
aside from the regular hearings on appropriation items, when
approved by the Committee, shall be conducted by the
subcommittee having jurisdiction over the matter.
Sec. 9: Official Travel
(a) The chairman of a subcommittee shall approve requests
for travel by subcommittee members and staff for official
business within the jurisdiction of that subcommittee. The
ranking minority member of a subcommittee shall concur in
such travel requests by minority members of that subcommittee
and the Ranking Minority Member shall concur in such travel
requests for Minority Members of the Committee. Requests in
writing covering the purpose, itinerary, and dates of
proposed travel shall be submitted for final approval to the
Chairman. Specific approval shall be required for each and
every trip.
(b) The Chairman is authorized during the recess of the
Congress to approve travel authorizations for Committee
Members and staff, including travel outside the United
States.
(c) As soon as practicable, the Chairman shall direct the
head of each Government agency concerned not to honor
requests of subcommittees, individual Members, or staff for
travel, the direct or indirect expenses of which are to be
defrayed from an executive appropriation, except upon request
from the Chairman.
(d) In accordance with Clause 8 of Rule X of the Rules of
the House of Representatives and Section 502 (b) of the
Mutual Security Act of 1954, as amended, local currencies
owned by the United States shall be available to Committee
Members and staff engaged in carrying out their official
duties outside the United States, its territories, or
possessions. No Committee Member or staff member shall
receive or expend local currencies for subsistence in any
country at a rate in excess of the maximum per diem rate set
forth in applicable Federal law.
(e) Travel Reports:
(1) Members or staff shall make a report to the Chairman on
their travel, covering the purpose, results, itinerary,
expenses, and other pertinent comments.
(2) With respect to travel outside the United. States or
its territories or possessions, the report shall include: (1)
an itemized list showing the dates each country was visited,
the amount of per diem furnished, the cost of transportation
furnished, and any funds expended for any other official
purpose; and (2) a summary in these categories of the total
foreign currencies and/or appropriated funds expended. All
such individual reports on foreign travel shall be filed with
the Chairman no later than sixty days following completion of
the travel for use in complying with reporting requirements
in applicable Federal law, and shall be open for public
inspection.
(3) Each Member or employee performing such travel shall be
solely responsible for supporting the amounts reported by the
Member or employee.
(4) No report or statement as to any trip shall be
publicized making any recommendations in behalf of the
Committee without the authorization of a majority of the
Committee.
(f) Members and staff of the Committee performing
authorized travel on official business pertaining to the
jurisdiction of the Committee shall be governed by applicable
laws or regulations of the House and of the Committee on
House Administration pertaining to such travel, and as
promulgated from time to time by the Chairman.