Mr. Speaker, I submit the Committee on the Judiciary's Rules of Procedure for the 111th Congress adopted on January 22, 2009, reflecting the addition yesterday of Mike Quigley as a member of the Committee. Rules of Procedure Rule I. The…
Mr. Speaker, I submit the Committee on the Judiciary's Rules of Procedure for the 111th Congress adopted on January 22, 2009, reflecting the addition yesterday of Mike Quigley as a member of the Committee.
Rules of Procedure
Rule I.
The Rules of the House of Representatives are the rules of
the Committee on the Judiciary and its Subcommittees with the
following specific additions thereto.
Rule II. Committee Meetings
(a) The regular meeting day of the Committee on the
Judiciary for the conduct of its business shall be on
Wednesday of each week while the House is in session.
(b) Additional meetings may be called by the Chairman and a
regular meeting of the Committee may be dispensed with when,
in the judgment of the Chairman, there is no need therefor.
(c) At least 24 hours (excluding Saturdays, Sundays and
legal holidays when the House is not in session) before each
scheduled Committee or Subcommittee meeting, each Member of
the Committee or Subcommittee shall be furnished a list of
the bill(s) and subject(s) to be considered and/or acted upon
at the meeting. Bills or subjects not listed shall be subject
to a point of order unless their consideration is agreed to
by a two-thirds vote of the Committee or Subcommittee.
(d) In an emergency that does not reasonably allow for 24
hours' notice, the Chairman may waive the 24-hour notice
requirement with the agreement of the Ranking Minority
Member.
(e) Committee and Subcommittee meetings for the transaction
of business, i.e., meetings other than those held for the
purpose of taking testimony, shall be open to the public
except when the Committee or Subcommittee determines by
majority vote to close the meeting because disclosure of
matters to be considered would endanger national security,
would compromise sensitive law enforcement information, or
would tend to defame, degrade or incriminate any person or
otherwise would violate any law or rule of the House.
(f) Every motion made to the Committee and entertained by
the Chairman shall be reduced to writing upon demand of any
Member, and a copy made available to each Member present.
(g) For purposes of taking any action at a meeting of the
full Committee or any Subcommittee thereof, a quorum shall be
constituted by the presence of not less than one-third of the
Members of the Committee or subcommittee, except that a full
majority of the Members of the Committee or Subcommittee
shall constitute a quorum for purposes of reporting a measure
or recommendation from the Committee or Subcommittee, closing
a meeting to the public, or authorizing the issuance of a
subpoena.
(h)(1) Subject to subparagraph (2), 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.
(2) In exercising postponement authority under subparagraph
(1), the Chairman shall take all reasonable steps necessary
to notify Members on the resumption of proceedings on any
postponed record vote.
(3) 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.
(i) Transcripts of markups shall be recorded and may be
published in the same manner as hearings before the
Committee.
(j) Without further action of the Committee, the Chairman
is directed to offer a motion under clause 1 of rule XXII of
the Rules of the House of Representatives whenever the
Chairman considers it appropriate.
Rule III. Hearings
(a) The Committee Chairman or any subcommittee chairman
shall make public announcement of the date, place, and
subject matter of any hearing to be conducted by it on any
measure or matter at least one week before the commencement
of that hearing. If the Chairman of the Committee, or
Subcommittee, with the concurrence of the Ranking Minority
Member, 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.
(b) Committee and Subcommittee hearings shall be open to
the public except when the Committee or Subcommittee
determines by majority vote to close the meeting because
disclosure of matters to be considered would endanger
national security, would compromise sensitive law enforcement
information, or would tend to defame, degrade or incriminate
any person or otherwise would violate any law or rule of the
House.
(c) For purposes of taking testimony and receiving evidence
before the Committee or any Subcommittee, a quorum shall be
constituted by the presence of two Members.
(d) In the course of any hearing each Member shall be
allowed five minutes for the interrogation of a witness until
such time as each Member who so desires has had an
opportunity to question the witness.
(e) The transcripts of those hearings conducted by the
Committee which are decided to be printed shall be published
in verbatim form, with the material requested for the record
inserted at that place requested, or at the end of the
record, as appropriate. Individuals, including Members of
Congress, whose comments are to be published as part of a
Committee document shall be given the opportunity to verify
the accuracy of the transcription in advance of publication.
Any requests by those Members, staff or witnesses to correct
any errors other than errors in the transcription, or
disputed errors in transcription, shall be appended to the
record, and the appropriate place where the change is
requested will be footnoted. Prior to approval by the
Chairman of hearings conducted jointly with another
congressional Committee, a memorandum of understanding shall
be prepared which incorporates an agreement for the
publication of the verbatim transcript.
Rule IV. Broadcasting
Whenever a hearing or meeting conducted by the Committee or
any Subcommittee is open to the public, those proceedings
shall be open to coverage by television, radio and still
photography except when the hearing or meeting is closed
pursuant to the Committee Rules of Procedure.
Rule V. Standing Subcommittees
(a) The full Committee shall have jurisdiction over the
following subject matters: copyright, patent, and trademark
law, information technology, tort liability, including
medical malpractice and product liability, legal reform
generally, and such other matters as determined by the
Chairman.
(b) There shall be five standing Subcommittees of the
Committee on the Judiciary, with jurisdictions as follows:
(1) Subcommittee on Courts and Competition Policy:
antitrust law, monopolies, and restraints of trade,
administration of U.S. courts, Federal Rules of Evidence,
Civil and Appellate Procedure, judicial ethics, other
appropriate matters as referred by the Chairman, and relevant
oversight.
(2) Subcommittee on the Constitution, Civil Rights, and
Civil Liberties: constitutional amendments, constitutional
rights, federal civil rights laws, ethics in government,
other appropriate matters as referred by the Chairman, and
relevant oversight.
(3) Subcommittee on Commercial and Administrative Law:
bankruptcy and commercial law, bankruptcy judgeships,
administrative law, independent counsel, state taxation
affecting interstate commerce, interstate compacts, other
appropriate matters as referred by the Chairman, and relevant
oversight.
(4) Subcommittee on Crime, Terrorism, and Homeland
Security: Federal Criminal Code, drug enforcement,
sentencing, parole and pardons, terrorism, internal and
homeland security, Federal Rules of Criminal Procedure,
prisons, criminal law enforcement, other appropriate matters
as referred by the Chairman, and relevant oversight.
(5) Subcommittee on Immigration, Citizenship, Refugees,
Border Security, and International Law: immigration and
naturalization, border security, admission of refugees,
treaties, conventions and international agreements, claims
against the United States, federal charters of incorporation,
private immigration and claims bills, non-border enforcement,
other appropriate matters
as referred by the Chairman, and relevant oversight.
(c) The Chairman of the Committee and Ranking Minority
Member thereof shall be ex officio Members, but not voting
Members, of each Subcommittee to which such Chairman or
Ranking Minority Member has not been assigned by resolution
of the Committee. Ex officio Members shall not be counted as
present for purposes of constituting a quorum at any hearing
or meeting of such Subcommittee.
Rule VI. Powers and Duties of Subcommittees
Each Subcommittee is authorized to meet, hold hearings,
receive evidence, and report to the full Committee on all
matters referred to it or under its jurisdiction.
Subcommittee chairmen shall set dates for hearings and
meetings of their respective Subcommittees after consultation
with the Chairman and other Subcommittee chairmen with a view
toward avoiding simultaneous scheduling of full Committee and
Subcommittee meetings or hearings whenever possible.
Rule VII. Non-Legislative Reports
No report of the Committee or Subcommittee which does not
accompany a measure or matter for consideration by the House
shall be published unless all Members of the Committee or
Subcommittee issuing the report shall have been apprised of
such report and given the opportunity to give notice of
intention to file supplemental, additional, or dissenting
views as part of the report. In no case shall the time in
which to file such views be less than three calendar days
(excluding Saturdays, Sundays and legal holidays when the
House is not in session).
Rule VIII. Committee Records
The records of the Committee at the National Archives and
Records Administration shall be made available for public use
according to the Rules of the House. The Chairman shall
notify the Ranking Minority Member of any decision to
withhold a record otherwise available, and the matter shall
be presented to the Committee for a determination on the
written request of any Member of the Committee.
Rule IX. Official Committee Website
(a) The Chairman 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.
(b) The Chairman shall make the record of the votes on any
question on which a record vote is demanded in the full
Committee available on the Committee's official website not
later than 3 legislative days after such vote is taken. Such
record shall identify or describe 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 the Members voting
present.
(c) The Ranking Member 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.