February 4, 2019 - Issue: Vol. 165, No. 21 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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PUBLICATION OF COMMITTEE RULES; Congressional Record Vol. 165, No. 21
(House of Representatives - February 04, 2019)
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[Pages H1345-H1348] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] PUBLICATION OF COMMITTEE RULES RULES OF THE COMMITTEE ON APPROPRIATIONS FOR THE 116TH CONGRESS Committee on Appropriations, Washington, DC, January 31, 2019. Hon. Nancy Pelosi, Speaker, House of Representatives, Washington, DC. Dear Madam Speaker: Pursuant to clause 2(a)(2) of House rule XI, the Committee on Appropriations adopted its rules for the 116th Congress on January 30, 2019, and I submit them now for publication in the Congressional Record. With best regards, Sincerely, Nita M. Lowey, Chairwoman. Resolved, That the rules and practices of the Committee on Appropriations, House of Representatives, in the One Hundred Fifteenth 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 Sixteenth 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 Chair, or any Member designated by the Chair, 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 [[Page H1346]] 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 Chair pursuant to such rules and under such limitations as the Committee may prescribe. Authorized subpoenas shall be signed by the Chair 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 2 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 Chair 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 Chair 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 Chair 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, she or he is authorized, in her or his discretion, to arrange for their specialized training. The Chair is also authorized to employ additional personnel as necessary. (b) Assistants to Members: (1) Each chair and ranking minority member of a subcommittee or the full Committee may select and designate not more than two staff members who shall serve at the pleasure of that Member. (2) 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, and subject to other terms and conditions established by the Chair. (3) Notwithstanding any other provision of this subsection, the Chair may prescribe such terms and conditions she or he deems necessary to regulate the number and compensation of Assistants to Members and retain Assistants to Members previously designated by a Member of the Committee prior to the adoption of the Rules of the House establishing the Committee for the 112th Congress. (4) Members designating staff members under this subsection must specifically certify by letter to the Chair 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 if notice is given pursuant to paragraph (d)(3). (b) Additional and Special Meetings: (1) The Chair may call and convene, as she or 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 Chair. (2) If at least three Committee Members desire that a special meeting of the Committee be called by the Chair, those Members may file in the Committee Offices a written request to the Chair 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 Chair. (3) If within 3 calendar days after the filing of the request, the Chair does not call the requested special meeting to be held within 7 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. Such notice shall also be made publicly available in electronic form and shall be deemed to satisfy paragraph (d)(3). Only the measure or matter specified in that notice may be considered at the special meeting. (c) Vice Chair To Preside in Absence of Chair--A member of the majority party on the Committee or subcommittee thereof designated by the Chair of the full Committee shall be vice chair of the Committee or subcommittee, as the case may be, and shall preside at any meeting during the temporary absence of the Chair. If the Chair and vice chair 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. (3) The Chair shall announce the date, place, and subject matter of each committee meeting for the transaction of business, which may not commence earlier than the third calendar day (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such a day) on which members have notice thereof, unless the Chair, with the concurrence of the Ranking Minority Member, or the Committee by majority vote with a quorum present for the transaction of business, determines there is good cause to begin the meeting sooner, in which case the Chair shall make the announcement at the earliest possible date. An announcement shall be published promptly in the Daily Digest and made publicly available in electronic form. (4) At least 24 hours prior to the commencement of a meeting for the markup of a bill or resolution, or at the time an announcement is made pursuant to the preceding subparagraph within 24 hours before such meeting, the Chair shall cause the text of such bill or resolution to be made publicly available in electronic form. (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 taken. The result of each roll call vote shall be available for inspection by the public during regular business hours in the Committee Offices and also made available in electronic form within 48 hours of such record vote. 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) Committee records (including hearings, data, charts, and files) shall be kept separate and distinct from the congressional office records of the Chair 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 Chair 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 Amendments Adopted--Not later than 24 hours after the adoption of an amendment to a bill or resolution, the Chair shall cause the text of any amendment adopted thereto to be made publicly available in electronic form. 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 [[Page H1347]] 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 5 subsequent days of hearings. (2) Subcommittee chairs shall coordinate the development of schedules for meetings or hearings after consultation with the Chair and other subcommittee chairs 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), or contracts or payments originating from a foreign government, 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 and related to the subject matter of the hearing. Such statements, with appropriate redactions to protect the privacy of witnesses, shall be made publicly available in electronic form not later than 1 day after the witness appears. The disclosure referred to in this paragraph shall include the amount and source of each Federal grant (or subgrant thereof) or contract (or subcontract thereof) related to the subject matter of the hearing, and the amount and country of origin of any payment or contract related to the subject matter of the hearing originating with a foreign government. (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 Chair or subcommittee chair, 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 1 day of hearings thereon. (2) The Committee and its subcommittees shall observe the 5-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, and shall be conducted in accordance with the requirements set forth in clause (4)(f) of rule XI of the Rules of the House of Representatives. Neither the full Committee Chair or subcommittee chair shall limit the number of television or still cameras to fewer than two representatives from each medium (except for legitimate space or safety, in which case pool coverage shall be authorized). To the maximum practicable, the Committee shall provide audio and video coverage of each hearing or meeting for the transaction of business in a manner that allows the public to easily listen to and view the proceedings and shall maintain the recordings of such coverage in a manner that is easily accessible to the public. (f) Subcommittee Meetings--No subcommittee shall sit while the House is reading an appropriation measure for amendment under the 5-minute rule or while the Committee is in session. (g) Public Notice of Committee Hearings--The Chair of the Committee shall make public announcement of the date, place, and subject matter of any Committee or subcommittee hearing at least 1 week before the commencement of the hearing. If the Chair 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 Chair or subcommittee chair shall make the announcement at the earliest possible date. Any announcement made under this subsection shall be promptly published in the Daily Digest and made publicly available in electronic form. Sec. 6: Procedures for Reporting Bills and Resolutions (a) Prompt Reporting Requirement: (1) It shall be the duty of the Chair 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 7 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 Chair 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) 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. (f) 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. (g) 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. (h) Duplicative Programs--Each Committee report on a bill or joint resolution that establishes or reauthorizes a Federal program shall contain a statement indicating whether such program is known to be duplicative of another program, pursuant to clause 3(c)(5) of rule XIII of the Rules of the House of Representatives. (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, additional, or dissenting views, all Members shall be entitled to not less than 2 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, additional, or dissenting 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, additional, or dissenting 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, additional, or dissenting 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, additional, or dissenting views shall be entitled, insofar [[Page H1348]] 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 3 calendar days (excluding Saturdays, Sundays, and legal holidays except when the House is in session on such a day) 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 Chair 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 Chair is directed to offer a motion under clause 1 of rule XXII of the Rules of the House whenever the Chair 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 Chair of the Committee or the chair 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 Chair is authorized to appoint such staff and, in her or 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 chair 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 Chair 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 chair 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 chair of the subcommittee requesting such study and examination and to the Chair 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: Temporary Investigative Task Forces (a) The Chair of the full Committee, in consultation with the Ranking Member of the full Committee, may establish and appoint members to serve on task forces of the Committee, to examine specific activities for a limited period of time in accordance with clause 5(b)(2)(C) of rule X of the Rules of the House. (b) The Chair of the full Committee shall issue a written directive, in consultation with the Ranking Member of the full Committee, delineating the specific activities to be reviewed by a task force constituted pursuant to the preceding paragraph. (c) A task force constituted under this section shall provide a written report of its findings and recommendations to the full Committee Chair and Ranking Member and members of the relevant subcommittees having jurisdiction over the matters reviewed. Such report shall be approved by a majority vote of the task force and shall include any supplemental, minority, additional, or dissenting views submitted by a Member of the task force or a member of a subcommittee having jurisdiction over the matter reviewed. (d) Any information obtained during the course of such investigation, and any report produced by, a task force pursuant to this section, shall not be released until the Chair of the full Committee has authorized such release. (e) The Chair is authorized to appoint such staff, and, in her or his discretion, arrange for the procurement of temporary services, as from time to time may be required. Sec. 10: Official Travel (a) The chair 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 Chair. Specific approval shall be required for each and every trip. (b) The Chair 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 Chair shall direct the head of each Government agency concerned 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, only upon request from the Chair. (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 Chair 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 Chair no later than 60 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 on 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 Chair. Sec. 11. Activities Reports (a) Not later than January 2 of each odd-numbered year, the Committee shall submit to the House a report on the activities of the Committee. (b) After adjournment sine die of a regular session of Congress, or after December 15, whichever occurs first, the Chair may file the report with the Clerk of the House at any time and without the approval of the Committee, provided that a copy of the report has been available to each Member of the Committee for at least 7 calendar days and the report includes any supplemental, minority, additional, or dissenting views submitted by a Member of the Committee. ____________________
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