Rules of the
Committee on Education and the Workforce
together with
PERTINENT HOUSE RULE
106th CONGRESS
Adopted January 7, 1999
Contents:
RULE 1. REGULAR, ADDITIONAL, &
SPECIAL MEETINGS: VICE-CHAIRMAN
RULE 2. QUESTIONING OF WITNESSES
RULE 3. RECORDS & ROLLCALLS
RULE 4. STANDING SUBCOMMITTEES & JURISDICTION
RULE 5. EX OFFICIO MEMBERSHIP
RULE 6. SPECIAL ASSIGNMENT OF MEMBERS
RULE 7. SUBCOMMITTEE CHAIRMANSHIPS
RULE 8. SUBCOMMITTEE SCHEDULING
RULE 9. SUBCOMMITTEE RULES
RULE 10. COMMITTEE STAFF
RULE 11. SUPERVISION & DUTIES OF COMMITTEE STAFF
RULE 12. HEARINGS PROCEDURE
RULE 13. MEETINGS-HEARINGS-QUORUMS
RULE 14. SUBPOENA AUTHORITY
RULE 15. REPORTS OF SUBCOMMITTEES
RULE 16. VOTES
RULE 17. AUTHORIZATION FOR TRAVEL
RULE 18. REFERRAL OF BILLS, RESOLUTIONS, & OTHER
MATTERS
RULE 19. COMMITTEE REPORTS
RULE 20. MEASURES TO BE CONSIDERED UNDER SUSPENSION
RULE 21. BUDGET & EXPENSES
RULE 22. APPOINTMENT OF CONFEREES & NOTICE OF
CONFERENCE MEETINGS
RULE 23. BROADCASTING OF COMMITTEE HEARINGS & MEETINGS
RULE 24. INTERROGATORIES AND DEPOSITIONS
RULE 25. CHANGES IN COMMITTEE RULES
RULE XI, CLAUSE 2(K)
RULE 1. REGULAR, ADDITIONAL, & SPECIAL
MEETINGS: VICE-CHAIRMAN
(a) Regular meetings of the committee shall be held on the second Wednesday of each
month at 9:30 a.m., while the House is in session. When the Chairman believes that the
committee will not be considering any bill or resolution before the committee and that
there is no other business to be transacted at a regular meeting, he will give each member
of the committee, as far in advance of the day of the regular meeting as the circumstances
make practicable, a written notice to that effect; and no committee meeting shall be held
on that day.
(b) 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 purposes pursuant to that call of the Chairman.
(c) If at least three members of the committee desire that a special
meeting of the committee be called by the Chairman, those members may file in the offices
of the committee their written request to the Chairman for that special meeting.
Immediately upon the filing of the request, the staff director of the committee shall
notify the Chairman of the filing of the request. 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 members of
the committee may file in the offices of the committee their written notice that a special
meeting of the committee will be held, specifying the date and hour thereof, and the
measure or matter to be considered at that special meeting. The committee shall meet on
that date and hour. Immediately upon the filing of the notice, the staff director of the
committee shall notify all members of the committee that such meeting will be held and
inform them of its date and hour and the measure or matter to be considered; and only the
measure or matter specified in that notice may be considered at that special meeting.
(d) All legislative meetings of the committee and its subcommittees shall
be open to the public, including radio, television and still photography coverage. No
business meeting of the committee, other than regularly scheduled meetings, may be held
without each member being given reasonable notice. Such meeting shall be called to order
and presided over by the Chairman, or in the absence of the Chairman, by the
vice-chairman, or the Chairman's designee.
(e)(1) The Chairman of the committee and of each of the subcommittees
shall designate a vice-chairman of the committee or subcommittee, as the case may be.
(2) The Chairman of the committee or of a subcommittee, as appropriate,
shall preside at meetings or hearings, or, in the absence of the chairman, the
vice-chairman, or the Chairman's designee shall preside.
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RULE 2. QUESTIONING OF WITNESSES
(a) Subject to clauses (b) and (c), Committee members may question
witnesses only when they have been recognized by the Chairman for that purpose, and only
for a 5-minute period until all members present have had an opportunity to question a
witness. The questioning of witnesses in both committee and subcommittee hearings shall be
initiated by the Chairman, followed by the ranking minority party member and all other
members alternating between the majority and minority party in order of the member's
appearance at the hearing. In recognizing members to question witnesses in this fashion,
the Chairman shall take into consideration the ratio of the majority to minority party
members present and shall establish the order of recognition for questioning in such a
manner as not to place the members of the majority party in a disadvantageous position.
(b) The Chairman may permit a specified number of members to question a
witness for longer than five minutes. The time for extended questioning of a witness under
this clause shall be equal for the majority party and the minority party and may not
exceed one hour in the aggregate.
(c) The Chairman may permit committee staff for the majority and the
minority party members to question a witness for equal specified periods. The time for
extended questioning of a witness under this clause shall be equal for the majority party
and the minority party and may not exceed one hour in the aggregate.
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RULE 3. RECORDS & ROLLCALLS
(a) Written records shall be kept of the proceedings of the committee and
of each subcommittee, including a record of the votes on any question on which a rollcall
is demanded. The result of each such rollcall vote shall be made available by the
committee or subcommittee for inspection by the public at reasonable times in the offices
of the committee or subcommittee. Information so available for public inspection shall
include a description of the amendment, motion, order, or other proposition and the name
of each member voting for and each member voting against such amendment, motion, order, or
proposition, and the names of those members present but not voting. A record vote may be
demanded by one-fifth of the members present or, in the apparent absence of a quorum, by
any one member.
(b) In accordance with Rule VII of the Rules of the House of
Representatives, any official permanent record of the committee (including any record
of a legislative, oversight, or other activity of the committee or any subcommittee) shall
be made available for public use if such record has been in existence for 30 years, except
that-
(1) any record that the committee (or a subcommittee) makes available for
public use before such record is delivered to the Archivist under clause 2 of Rule VII
of the Rules of the House of Representatives shall be made available immediately,
including any record described in subsection (a) of this Rule;
(2) any investigative record that contains personal data relating to a
specific living individual (the disclosure of which would be an unwarranted invasion of
personal privacy), any administrative record with respect to personnel, and any record
with respect to a hearing closed pursuant to clause 2(g)(2) of Rule XI of the Rules
of the House of Representatives shall be available if such record has been in
existence for 50 years; or
(3) except as otherwise provided by order of the House, any record of the
committee for which a time, schedule, or condition for availability is specified by order
of the committee (entered during the Congress in which the record is made or acquired by
the committee) shall be made available in accordance with the order of the committee.
(c) The official permanent records of the committee include noncurrent
records of the committee (including subcommittees) delivered by the Clerk of the House of
Representatives to the Archivist of the United States for preservation at the National
Archives and Records Administration, which are the property of and remain subject to the
rules and orders of the House of Representatives.
(d)(1) Any order of the committee with respect to any matter described in
paragraph (2) of this subsection shall be adopted only if the notice requirements of
committee Rule 18(c) have been met, a quorum consisting of a majority of the members of
the committee is present at the time of the vote, and a majority of those present and
voting approve the adoption of the order, which shall be submitted to the Clerk of the
House of Representatives, together with any accompanying report.
(2) This subsection applies to any order of the committee which-
(A) provides for the non-availability of any record subject to subsection
(b) of this rule for a period longer than the period otherwise applicable; or
(B) is subsequent to, and constitutes a later order under clause 4(b) of Rule
VII of the Rules of the House of Representatives, regarding a determination of
the Clerk of the House of Representatives with respect to authorizing the Archivist of the
United States to make available for public use the records delivered to the Archivist
under clause 2 of Rule VII of the Rules of the House of Representatives; or
(C) specifies a time, schedule, or condition for availability pursuant to
subsection (b)(3) of this Rule.
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RULE 4. STANDING SUBCOMMITTEES &
JURISDICTION
(a)There shall be five standing subcommittees with the following
jurisdictions:
Subcommittee on Early Childhood, Youth, and Families.-Education
from preschool through the high school level including, but not limited to, elementary and
secondary education generally, school lunch and child nutrition, and overseas dependent
schools; all matters dealing with programs and services for the care and treatment of
children, including the Head Start Act, the Juvenile Justice and Delinquency Prevention
Act, and the Runaway Youth Act; special education programs including, but not limited to,
alcohol and drug abuse, education of the disabled, environmental education, Office of
Educational Research and Improvement, migrant and agricultural labor education, daycare,
child adoption, child abuse and domestic violence; poverty programs, including the
Community Services Block Grant Act and the Low Income Home Energy Assistance Program
(LIHEAP). Also, the Subcommittee shall have oversight over Titles III, IV, V, VI (as it
pertains to block grants), VII, VIII, IX, X, XI, XII, XIII and XIV of the Elementary and
Secondary Education Act.
Subcommittee on Postsecondary Education, Training, and Life-Long
Learning.- Vocational education and education beyond the high school level including,
but not limited to, higher education generally, training and apprenticeship (including the
Job Training Partnership Act, the Full Employment and Balanced Growth Act, displaced
homemakers, Work Incentive Program, welfare work requirements), adult basic education
(family literacy), rehabilitation, professional development, and postsecondary student
assistance, employment services, and pre-service and in-service teacher training; all
matters dealing with programs and services for the elderly, including nutrition programs
and the Older Americans Act; the Native American Programs Act, all domestic volunteer
programs, library services and construction, the Robert A. Taft Institute, the Institute
for Peace and programs related to the arts and humanities, museum services, and arts and
artifacts indemnity. Also, the Subcommittee shall have oversight over Titles II and VI (as
it pertains to federal funds for teachers) of the Elementary and Secondary Education Act.
Subcommittee on Workforce Protections.-Wages and hours of labor
including, but not limited to, Davis-Bacon Act, Walsh-Healey Act, Fair Labor Standards Act
(including child labor), workers' compensation generally, Longshore and Harbor Workers'
Compensation Act, Federal Employees' Compensation Act, Migrant and Seasonal Agricultural
Worker Protection Act, Service Contract Act, Family and Medical Leave Act, Worker
Adjustment and Retraining Notification Act, Employee Polygraph Protection Act of 1988,
workers' health and safety including, but not limited to, occupational safety and health,
mine health and safety, youth camp safety, and migrant and agricultural labor health and
safety.
Subcommittee on Employer-Employee Relations.-All matters dealing
with relationships between employers and employees generally including, but not limited
to, the National Labor Relations Act, Bureau of Labor Statistics, pension, health, and
other employee benefits, including the Employee Retirement Income Security Act (ERISA);
and all matters related to equal employment opportunity and civil rights in employment.
Subcommittee on Oversight and Investigations.-All matters related
to oversight and investigations of activities of all Federal departments and agencies
dealing with issues of education, human resources or workplace policy. This subcommittee
will not have legislative jurisdiction and no bills or resolutions will be referred to it.
(b) The following matters shall be held at the full committee for
consideration: the Elementary and Secondary Education Act, the Anti-Drug Abuse Act, the
Congressional Accountability Act, welfare, trade, immigration, homeless assistance and
national education standards.
(c) The majority party members of the committee may provide for such
temporary, ad hoc subcommittees as determined to be appropriate.
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RULE 5. EX OFFICIO MEMBERSHIP
The Chairman of the committee and the ranking minority party member shall
be ex officio members, but not voting members, of each subcommittee to which such
Chairman or ranking minority party member has not been assigned.
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RULE 6. SPECIAL ASSIGNMENT OF MEMBERS
To facilitate the oversight and other legislative and investigative
activities of the committee, the Chairman of the committee may, at the request of a
subcommittee chairman, make a temporary assignment of any member of the committee to such
subcommittee for the purpose of constituting a quorum and of enabling such member to
participate in any public hearing, investigation, or study by such subcommittee to be held
outside of Washington, DC. Any member of the committee may attend public hearings of any
subcommittee and any member of the committee may question witnesses only when they have
been recognized by the Chairman for that purpose.
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RULE 7. SUBCOMMITTEE CHAIRMANSHIPS
The method for selection of chairmen of the subcommittees shall be at the
discretion of the full committee Chairman, unless a majority of the majority party members
of the full committee disapprove of the action of the Chairman.
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RULE 8. SUBCOMMITTEE SCHEDULING
Subcommittee chairmen shall set meeting dates after consultation with the
Chairman and other subcommittee chairmen with a view toward avoiding simultaneous
scheduling of committee and subcommittee meetings or hearings, wherever possible.
Available dates for subcommittee meetings during the session shall be assigned by the
Chairman to the subcommittees as nearly as practicable in rotation and in accordance with
their workloads. No subcommittee markups shall be scheduled simultaneously. As far as
practicable, the Chairman shall not schedule a subcommittee markup during a full committee
markup, nor shall the Chairman schedule any hearing during a markup.
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RULE 9. SUBCOMMITTEE RULES
The rules of the committee shall be the rules of its subcommittees.
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RULE 10. COMMITTEE STAFF
(a) The employees of the committee shall be appointed by the Chairman in
consultation with subcommittee chairmen and other majority party members of the committee
within the budget approved for such purposes by the committee.
(b) The staff appointed by the minority shall have their remuneration
determined in such manner as the minority party members of the committee shall determine
within the budget approved for such purposes by the committee.
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RULE 11. SUPERVISION & DUTIES OF COMMITTEE
STAFF
The staff of the committee shall be under the general supervision and
direction of the Chairman, who shall establish and assign the duties and responsibilities
of such staff members and delegate authority as he determines appropriate. The staff
appointed by the minority shall be under the general supervision and direction of the
minority party members of the committee, who may delegate such authority as they determine
appropriate. All committee staff shall be assigned to committee business and no other
duties may be assigned to them.
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RULE 12. HEARINGS PROCEDURE
(a) The Chairman, in the case of hearings to be conducted by the
committee, and the appropriate subcommittee chairman, in the case of hearings to be
conducted by a subcommittee, shall make public announcement of the date, place, and
subject matter of any hearing to be conducted on any measure or matter at least one week
before the commencement of that hearing unless the committee or subcommittee determines
that there is good cause to begin such hearing at an earlier date. In the latter event,
the Chairman or the subcommittee chairman, as the case may be, shall make such public
announcement at the earliest possible date. To the extent practicable, the Chairman or the
subcommittee chairman shall make public announcement of the final list of witnesses
scheduled to testify at least 48 hours before the commencement of the hearing. The staff
director of the committee shall promptly notify the Daily Digest Clerk of the
Congressional Record as soon as possible after such public announcement is made.
(b) All opening statements at hearings conducted by the committee or any
subcommittee will be made part of the permanent written record. Opening statements by
members may not be presented orally, unless the Chairman of the committee or any
subcommittee determines that one statement from the Chairman or a designee will be
presented, in which case the ranking minority party member or a designee may also make a
statement. If a witness scheduled to testify at any hearing of the Committee or any
subcommittee is a constituent of a member of the committee or subcommittee, such member
shall be entitled to introduce such witness at the hearing.
(c) To the extent practicable, witnesses who are to appear before the
committee or a subcommittee shall file with the staff director of the committee, at least
48 hours in advance of their appearance, a written statement of their proposed
testimony, together with a brief summary thereof, and shall limit their oral presentation
to a summary thereof. The staff director of the committee shall promptly furnish to the
staff director of the minority a copy of such testimony submitted to the committee
pursuant to this rule.
(d) When any hearing is conducted by the committee or any subcommittee
upon any measure or matter, the minority party members on the committee shall be entitled,
upon request to the Chairman by a majority of those minority party members before the
completion of such hearing, to call witnesses selected by the minority to testify with
respect to that measure or matter during at least one day of hearing thereon. The minority
party may waive this right by calling at least one witness during a committee hearing or
subcommittee hearing.
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RULE 13. MEETINGS-HEARINGS-QUORUMS
(a) Subcommittees are authorized to hold hearings, receive exhibits, hear
witnesses, and report to the committee for final action, together with such
recommendations as may be agreed upon by the subcommittee. No such meetings or hearings,
however, shall be held outside of Washington, DC, or during a recess or adjournment of the
House without the prior authorization of the committee Chairman. Where feasible and
practicable, 14 days' notice will be given of such meeting or hearing.
(b) One-third of the members of the committee or subcommittee shall
constitute a quorum for taking any action other than amending committee rules, closing a
meeting from the public, reporting a measure or recommendation, or in the case of the
committee or a subcommittee authorizing a subpoena. For the enumerated actions, a
majority of the committee or subcommittee shall constitute a quorum. Any two members shall
constitute a quorum for the purpose of taking testimony and receiving evidence.
(c) When a bill or resolution is being considered by the committee or a
subcommittee, members shall provide the clerk in a timely manner a sufficient number of
written copies of any amendment offered, so as to enable each member present to receive a
copy thereof prior to taking action. A point of order may be made against any amendment
not reduced to writing. A copy of each such amendment shall be maintained in the public
records of the committee or subcommittee, as the case may be.
(d) In the conduct of hearings of subcommittees sitting jointly,
the rules otherwise applicable to all subcommittees shall likewise apply to joint
subcommittee hearings for purposes of such shared consideration.
(e) No person other than a Member of Congress or Congressional staff may
walk in, stand in, or be seated at the rostrum area during a meeting or hearing of the
Committee or Subcommittee unless authorized by the Chairman.
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RULE 14. SUBPOENA AUTHORITY
The power to authorize and issue subpoenas is delegated to the Chairman of
the full committee, as provided for under clause 2(m)(3)(A)(i) of Rule XI of the Rules
of the House of Representatives. The Chairman shall notify the ranking minority member
prior to issuing any subpoena under such authority. To the extent practicable, the
Chairman shall consult with the ranking minority member at least 24 hours in advance of a
subpoena being issued under such authority, excluding Saturdays, Sundays, and federal
holidays. As soon as practicable after issuing any subpoena under such authority, the
Chairman shall notify in writing all members of the Committee of the issuance of the
subpoena.
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RULE 15. REPORTS OF SUBCOMMITTEES
(a) Whenever a subcommittee has ordered a bill, resolution, or other
matter to be reported to the committee, the chairman of the subcommittee reporting the
bill, resolution, or matter to the committee, or any member authorized by the subcommittee
to do so, may report such bill, resolution, or matter to the committee. It shall be the
duty of the chairman of the subcommittee to report or cause to be reported promptly such
bill, resolution, or matter, and to take or cause to be taken the necessary steps to bring
such bill, resolution, or matter to a vote.
(b) In any event, the report, described in the proviso in subsection (d)
of this rule, of any subcommittee on a measure which has been approved by the subcommittee
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 staff director of the
committee a written request, signed by a majority of the members of the subcommittee, for
the reporting of that measure. Upon the filing of any such request, the staff director of
the committee shall transmit immediately to the chairman of the subcommittee a notice of
the filing of that request.
(c) All committee or subcommittee reports printed pursuant to legislative
study or investigation and not approved by a majority vote of the committee or
subcommittee, as appropriate, shall contain the following disclaimer on the cover of such
report:
This report has not been officially adopted by the Committee on Education and the
Workforce (or pertinent subcommittee thereof) and may not therefore necessarily
reflect the views of its members.
The minority party members of the committee or subcommittee shall have
three calendar days, excluding weekends and holidays, to file, as part of the printed
report, supplemental, minority, or additional views.
(d) Bills, resolutions, or other matters favorably reported by a
subcommittee shall automatically be placed upon the agenda of the committee as of the time
they are reported. No bill or resolution or other matter reported by a subcommittee shall
be considered by the full committee unless it has been delivered or electronically sent to
all members and notice of its prior transmission has been in the hands of all members at
least 48 hours prior to such consideration; a member of the Committee shall receive, upon
his or her request, a paper copy of the such bill, resolution, or other matter reported.
When a bill is reported from a subcommittee, such measure shall be accompanied by a
section-by-section analysis; and, if the Chairman of the committee so requires (in
response to a request from the ranking minority member of the committee or for other
reasons), a comparison showing proposed changes in existing law.
(e) To the extent practicable, any report prepared pursuant to a committee
or subcommittee study or investigation shall be available to members no later than 48
hours prior to consideration of any such report by the committee or subcommittee, as the
case may be.
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RULE 16. VOTES
With respect to each rollcall vote on a motion to report any bill,
resolution or matter of a public character, and on any amendment offered thereto, 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.
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RULE 17. AUTHORIZATION FOR TRAVEL
(a) Consistent with the primary expense resolution and such additional
expense resolutions as may have been approved, the provisions of this rule shall govern
travel of committee members and staff. Travel to be paid from funds set aside for the full
committee for any member or any staff member shall be paid only upon the prior
authorization of the Chairman. Travel may be authorized by the Chairman for any member and
any staff member in connection with the attendance of hearings conducted by the committee
or any subcommittee thereof and meetings, conferences, and investigations which involve
activities or subject matter under the general jurisdiction of the committee. The Chairman
shall review travel requests to assure the validity to committee business. Before such
authorization is given, there shall be submitted to the Chairman in writing the following:
(1) the purpose of the travel;
(2) the dates during which the travel is to be made and the date or dates
of the event for which the travel is being made;
(3) the location of the event for which the travel is to be made; and
(4) the names of members and staff seeking authorization.
(b)(1) In the case of travel outside the United States of members and
staff of the committee for the purpose of conducting hearings, investigations, studies, or
attending meetings and conferences involving activities or subject matter under the
legislative assignment of the committee or pertinent subcommittees, prior authorization
must be obtained from the Chairman, or, in the case of a subcommittee, from the
subcommittee chairman and the Chairman. Before such authorization is given, there shall be
submitted to the Chairman, in writing, a request for such authorization. Each request,
which shall be filed in a manner that allows for a reasonable period of time for review
before such travel is scheduled to begin, shall include the following:
(A) the purpose of travel;
(B) the dates during which the travel will occur;
(C) the names of the countries to be visited and the length of time to be
spent in each;
(D) an agenda of anticipated activities for each country for which travel
is authorized together with a description of the purpose to be served and the areas of
committee jurisdiction involved; and
(E) the names of members and staff for whom authorization is sought.
(2) Requests for travel outside the United States may be initiated by the
Chairman or the chairman of a subcommittee (except that individuals may submit a request
to the Chairman for the purpose of attending a conference or meeting) and shall be limited
to members and permanent employees of the committee.
(3) The Chairman shall not approve a request involving travel outside the
United States while the House is in session (except in the case of attendance at meetings
and conferences or where circumstances warrant an exception).
(4) At the conclusion of any hearing, investigation, study, meeting, or
conference for which travel outside the United States has been authorized pursuant to this
rule, each subcommittee (or members and staff attending meetings or conferences) shall
submit a written report to the Chairman covering the activities of the subcommittee and
containing the results of these activities and other pertinent observations or information
gained as a result of such travel.
(c) Members and staff of the committee performing authorized travel on
official business shall be governed by applicable laws, resolutions, or regulations of the
House and of the Committee on House Oversight pertaining to such travel, including rules,
procedures, and limitations prescribed by the Committee on House Oversight with respect to
domestic and foreign expense allowances.
(d) Prior to the Chairman's authorization for any travel, the ranking
minority party member shall be given a copy of the written request therefor.
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RULE 18. REFERRAL OF BILLS, RESOLUTIONS, & OTHER MATTERS
(a) The Chairman shall consult with subcommittee chairmen regarding
referral, to the appropriate subcommittees, of such bills, resolutions, and other matters,
which have been referred to the committee. Once printed copies of a bill, resolution, or
other matter are available to the Committee, the Chairman shall, within three weeks of
such availability, provide notice of referral, if any, to the appropriate subcommittee.
(b) Referral to a subcommittee shall not be made until three days shall
have elapsed after written notification of such proposed referral to all subcommittee
chairmen, at which time such proposed referral shall be made unless one or more
subcommittee chairmen shall have given written notice to the Chairman of the full
committee and to the chairman of each subcommittee that he [or she] intends to question
such proposed referral at the next regularly scheduled meeting of the committee, or at a
special meeting of the committee called for that purpose, at which time referral shall be
made by the majority members of the committee. All bills shall be referred under this rule
to the subcommittee of proper jurisdiction without regard to whether the author is or is
not a member of the subcommittee. A bill, resolution, or other matter referred to a
subcommittee in accordance with this rule may be recalled therefrom at any time by a vote
of the majority members of the committee for the committee's direct consideration or for
reference to another subcommittee.
(c) All members of the committee shall be given at least 24 hours' notice
prior to the direct consideration of any bill, resolution, or other matter by the
committee; but this requirement may be waived upon determination, by a majority of the
members voting, that emergency or urgent circumstances require immediate consideration
thereof.
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RULE 19. COMMITTEE REPORTS
(a) All committee reports on bills or resolutions shall comply with the
provisions of clause 2 of Rule XI and clauses 2, 3, and 4 of Rule XIII of
the Rules of the House of Representatives.
(b) No such report shall be filed until copies of the proposed report have
been available to all members at least 36 hours prior to such filing in the House. No
material change shall be made in the report distributed to members unless agreed to by
majority vote; but any member or members of the committee may file, as part of the printed
report, individual, minority, or dissenting views, without regard to the preceding
provisions of this rule.
(c) Such 36-hour period shall not conclude earlier than the end of the
period provided under clause 4 of Rule XIII of the Rules of the House of
Representatives after the committee approves a measure or matter if a member, at the
time of such approval, gives notice of intention to file supplemental, minority, or
additional views for inclusion as part of the printed report.
(d) The report on activities of the committee required under clause 1 of Rule
XI of the Rules of the House of Representatives, shall include the following
disclaimer in the document transmitting the report to the Clerk of the House:
This report has not been officially adopted by the Committee on Education and the
Workforce or any subcommittee thereof and therefore may not necessarily reflect the
views of its members.
Such disclaimer need not be included if the report was circulated to all
members of the committee at least 7 days prior to its submission to the House and
provision is made for the filing by any member, as part of the printed report, of
individual, minority, or dissenting views.
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RULE 20. MEASURES TO BE CONSIDERED UNDER
SUSPENSION
A member of the committee may not seek to suspend the Rules of the House
on any bill, resolution, or other matter which has been modified after such measure is
ordered reported, unless notice of such action has been given to the Chairman and ranking
minority member of the full committee.
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RULE 21. BUDGET & EXPENSES
(a) The Chairman in consultation with the majority party members of the
committee shall prepare a preliminary budget. Such budget shall include necessary amounts
for staff personnel, for necessary travel, investigation, and other expenses of the
committee; and, after consultation with the minority party membership, the Chairman shall
include amounts budgeted to the minority party members for staff personnel to be under the
direction and supervision of the minority party, travel expenses of minority party members
and staff, and minority party office expenses. All travel expenses of minority party
members and staff shall be paid for out of the amounts so set aside and budgeted. The
Chairman shall take whatever action is necessary to have the budget as finally approved by
the committee duly authorized by the House. After such budget shall have been adopted, no
change shall be made in such budget unless approved by the committee. The Chairman or the
chairman of any standing subcommittee may initiate necessary travel requests as provided
in Rule 16 within the limits of their portion of the consolidated budget as approved by
the House, and the Chairman may execute necessary vouchers therefor.
(b) Subject to the rules of the House of Representatives and procedures
prescribed by the Committee on House Oversight, and with the prior authorization of the
Chairman of the committee in each case, there may be expended in any one session of
Congress for necessary travel expenses of witnesses attending hearings in Washington, DC:
(1) out of funds budgeted and set aside for each subcommittee, not to
exceed $5,000 for expenses of witnesses attending hearings of each such subcommittee;
(2) out of funds budgeted for the full committee majority, not to exceed
$5,000 for expenses of witnesses attending full committee hearings; and
(3) out of funds set aside to the minority party members,
(A) not to exceed, for each of the subcommittees, $5,000 for expenses of
witnesses attending subcommittee hearings, and
(B) not to exceed $5,000 for expenses of witnesses attending full
committee hearings.
(c) A full and detailed monthly report accounting for all expenditures of
committee funds shall be maintained in the committee office, where it shall be available
to each member of the committee. Such report shall show the amount and purpose of each
expenditure, and the budget to which such expenditure is attributed.
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RULE 22. APPOINTMENT OF CONFEREES & NOTICE
OF CONFERENCE MEETINGS
(a) Whenever in the legislative process it becomes necessary to appoint
conferees, the Chairman shall recommend to the Speaker as conferees the names of those
members of the subcommittee which handled the legislation in the order of their seniority
upon such subcommittee and such other committee members as the Chairman may designate with
the approval of the majority party members. Recommendations of the Chairman to the Speaker
shall provide a ratio of majority party members to minority party members no less
favorable to the majority party than the ratio of majority members to minority party
members on the full committee. In making assignments of minority party members as
conferees, the Chairman shall consult with the ranking minority party member of the
committee.
(b) After the appointment of conferees pursuant to clause 11 of Rule I
of the Rules of the House of Representatives for matters within the jurisdiction of
the committee, the Chairman shall notify all members appointed to the conference of
meetings at least 48 hours before the commencement of the meeting. If such notice is not
possible, then notice shall be given as soon as possible.
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RULE 23. BROADCASTING OF COMMITTEE HEARINGS &
MEETINGS
(a) 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
electronic media and still photography subject to the requirements of Rule XI,
clause 4 of the Rules of the House of Representatives and except when the
hearing or meeting is closed pursuant to the Rules of the House of Representatives
and of the Committee. The coverage of any hearing or meeting of the Committee or any
subcommittee thereof by electronic media or still photography shall be under the direct
supervision of the Chairman of the Committee, the subcommittee chairman, or other member
of the Committee presiding at such hearing or meeting and may be terminated by such member
in accordance with the Rules of the House.
(b) Personnel providing coverage by the television and radio media shall
be then currently accredited to the Radio and Television Correspondents' Galleries.
(c) Personnel providing coverage by still photography shall be then
currently accredited to the Press Photographers' Gallery.
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RULE 24. INTERROGATORIES AND DEPOSITIONS
(a) Pursuant to an appropriate House Resolution, the Chairman,
after consultation with the ranking minority member, may order the taking of
interrogatories or depositions. Notices for the taking of depositions shall specify the
date, time, and place of examination. Answers to interrogatories shall be answered fully
in writing under oath, and depositions shall be taken under oath administered by a member
or a person otherwise authorized by law to administer oaths. Consultation with the ranking
minority member shall include three business days written notice before any deposition is
taken. All members shall also receive three business days written notice that a deposition
has been scheduled.
(b) The committee shall not initiate contempt proceedings based on the
failure of a witness to appear at a deposition unless the deposition notice was
accompanied by a committee subpoena issued by the chairman.
(c) 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, or
committee contractors designated by the chairman or the ranking minority member, an
official reporter, the witness, and the witness's counsel. Observers or counsel for other
persons or for agencies under investigation may not attend.
(d) A deposition shall be conducted by any member, committee staff or
committee contractor designated by the chairman or ranking minority member. When
depositions are conducted by committee staff or committee contractors there shall be no
more than two committee staff or committee contractors permitted to question a witness per
round. One of the committee staff or committee contractors shall be designated by the
chairman and the other shall be designated by the ranking minority member. Other committee
staff designated by the chairman or the ranking minority member may attend, but are not
permitted to pose questions to the witness.
(e) Questions in the deposition will be propounded in rounds. A round
shall include as much time as is necessary to ask all pending questions. In each round, a
member, or committee staff or committee contractor designated by the chairman shall ask
questions first, and the member, committee staff or committee contractor designated by the
ranking minority member shall ask questions second.
(f) An objection by the witness as to the form of a question shall be
noted for the record. If a witness objects to a question and refuses to answer, the
member, committee staff or committee contractor may proceed with the deposition, or may
obtain, at that time or a subsequent time, a ruling on the objection by telephone or
otherwise from the chairman or a member designated chairman. The committee shall not
initiate procedures leading to contempt proceedings based on a refusal to answer a
question at a deposition unless the witness refuses to testify after an objection of the
witness has been overruled and after the witness has been ordered by the chairman or a
member designated by the chairman to answer the question. Overruled objections shall be
preserved for committee consideration within the meaning of clause 2(k)(8) of Rule XI
of the Rules of the House of Representatives.
(g) Committee staff shall insure 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 calendar days thereafter, the witness may submit suggested changes to the chairman.
Committee staff may make any typographical and technical changes requested by the witness.
Substantive changes, modifications, clarifications, or amendments to the deposition
transcript submitted by the witness must be accompanied by a letter requesting the changes
and a statement of the witness's reasons for each proposed change. A letter requesting any
substantive changes, modifications, clarifications, or amendments must be signed by the
witness. Any substantive changes, modifications, clarifications, or amendments shall be
included as an appendix to the transcript conditioned upon the witness signing the
transcript.
(h) The individual administering the oath, if other than a member, shall
certify on the transcript that the witness was duly sworn. Transcription and recording
services shall be provided through the House Office of the Official Reporters.
(i) A witness shall not be required to testify unless the witness has been
provided with a copy of the committee's rules.
(j) This rule is applicable to the committee's investigation into the
administration of labor laws by government agencies, including the Departments of Labor
and Justice concerning the International Brotherhood of the Teamsters and other related
matters.
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RULE 25. CHANGES IN COMMITTEE RULES
The committee shall not consider a proposed change in these rules unless
the text of such change has been delivered or electronically sent to all member and notice
of its prior transmission has been in the hands of all members at least 48 hours prior to
such consideration; a member of the Committee shall receive, upon his or her request, a
paper copy of the such proposed change.
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PERTINENT RULE OF THE U.S. HOUSE OF
REPRESENTATIVES -- 106TH CONGRESS
RULE XI, CLAUSE 2(K)
Investigative hearing procedures
(k)(1) The chairman at an investigative hearing shall announce in an opening statement
the subject of the investigation.
(2) A copy of the committee rules and of this clause shall be made available to each
witness.
(3) Witnesses at investigative hearings may be accompanied by their own counsel for the
purpose of advising them concerning their constitutional rights.
(4) The chairman may punish breaches of order and decorum, and of professional ethics
on the part of counsel, by censure and exclusion from the hearings; and the committee may
cite the offender to the House for contempt.
(5) Whenever it is asserted that the evidence or testimony at an investigative hearing
may tend to defame, degrade, or incriminate any person --
(A) notwithstanding paragraph (g)(2), such testimony or evidence shall be presented in
executive session if, in the presence of the number of members required under the rules of
the committee for the purpose of taking testimony, the committee determines by vote of a
majority of those present that such evidence or testimony may tend to defame, degrade, or
incriminate any person; and
(B) the committee shall proceed to receive such testimony in open session only if the
committee, a majority being present, determines that such evidence or testimony will not
tend to defame, degrade, or incriminate any person. In either case the committee shall
afford such person an opportunity voluntarily to appear as a witness, and receive and
dispose of requests from such person to subpoena additional witnesses.
(6) Except as provided in subparagraph (5), the chairman shall receive and the
committee shall dispose of requests to subpoena additional witnesses.
(7) Evidence or testimony taken in executive session, and proceedings conducted in
executive session, may be released or used in public sessions only when authorized by the
committee, a majority being present.
(8) In the discretion of the committee, witnesses may submit brief and pertinent sworn
statements in writing for inclusion in the record. The committee is the sole judge of the
pertinence of testimony and evidence adduced at its hearing.
(9) A witness may obtain a transcript copy of his testimony given at a public session
or, if given at an executive session, when authorized by the committee.
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