Rules and Budget Law
Rule 1 – Applicability of House Rules
(a) Except as otherwise specified herein, the Rules of the House of Representatives are the rules of the Committee so far as applicable, except that a motion to recess from day to day, or a motion to recess subject to the call of the Chair (within 24 hours), or a motion to dispense with the first reading (in full) of a bill or resolution, if printed copies are available, is a non-debatable motion of privilege in the Committee. A proposed investigative or oversight report shall be considered as read if it has been available to the members of the Committee for at least 24 hours (excludingS aturdays, Sundays, or legal holidays except when the House is in session on such day).
(b) The Committee’s rules shall be publicly available in electronic form and published in the Congressional Record not later than 60 days after the Chair of the Committee is elected in each odd-numbered year.
(c) The Chair, in consultation with the Ranking minority member, may establish such other procedures and take such actions as may be necessary to carry out these rules or facilitate the effective operation of the Committee.
Rule 2 – Vice Chair
The Chair of the Committee shall designate a member of the majority party to serve as Vice Chair of the Committee in accordance with clause 2(d) of Rule XI of the Rules of the House of Representatives. The Vice Chair shall preside at any meeting or hearing during the temporary absence of the Chair.
Rule 3 – Regular Meetings
(a) The regular meeting day of the Committee shall be the second Wednesday of each month at 11a.m., while the House is in session, if notice is given pursuant to paragraph(c) and paragraph (g)(3) of clause 2(g)(3) of ule XI of the Rules of the House of Representatives.
(b) Regular meetings shall be canceled when they conflict with meetings of either party’s caucus or conference.
(c) The Chair shall give written notice of the date, place, and subject matter of any Committee meeting, 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 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.
Rule 4 – Additional and Special Meetings
(a) The Chair may call and convene additional meetings of the Committee as the Chair considers necessary or special meetings at the request of a majority of the members of the Committee in accordance with clause 2(c) of Rule XI of the Rules of the House of Representatives.
(b) In the absence of exceptional circumstances, the Chair shall provide public electronic notice of additional meetings to the office of each member at least 24 hours in advance while Congress is in session, and at least three days in advance when Congress is not in session.
Rule 5 – Open Business Meetings
(a) Meetings and hearings of the Committee shall be called to order and presided over by the Chair or, in the Chair's absence, by the member designated by the Chair as the Vice Chair of the Committee, or by the Ranking majority member of the Committee present as Acting Chair.
(b) Each meeting for the transaction of Committee business, including the markup of measures, shall be open to the public except when the Committee, in open session and with a quorum present, determines by roll call vote that all or part of the remainder of the meeting on that day shall be closed to the public in accordance with clause 2(g)(1) of Rule XI of the Rules of the House of Representatives.
(c) No person, other than members of the Committee and such congressional staff and departmental representatives as the Committee may authorize, shall be present at any business or markup session which has been closed to the public.
(d) Not later than 24 hours after commencing a meeting to consider a measure or matter, the Chair of the Committee shall cause the text of such measure or matter and any amendment adopted thereto to be made publicly available in electronic form.
Rule 6 – Quorum
A majority of the Committee shall constitute a quorum. No business shall be transacted and no measure or recommendation shall be reported unless a quorum is actually present.
Rule 7 – Recognition
Any member, when recognized by the Chair, may address the Committee on any bill, motion, or other matter under consideration before the Committee. The time of such member shall be limited to 5 minutes until all members present have been afforded an opportunity to comment.
Rule 8 – Consideration of Business
Measures or matters may be placed before the Committee, for its consideration, by the Chair or by a majority vote of the Committee members, a quorum being present.
Rule 9 – Availability of Legislation
(a) The Committee shall consider no bill, joint resolution, or concurrent resolution unless copies of the measure have been made available to all Committee members at least 24 hours prior to the time at which such measure is to be considered. When considering concurrent resolutions on the budget, this requirement shall be satisfied by making available copies of the complete Chairman’s mark (or such material as will provide the basis for Committee consideration). The provisions of this rule may be suspended with the concurrence of the Chair and Ranking minority member.
(b) At least 24 hours prior to the commencement of a meeting for the markup of legislation, the Chair shall cause the text of such legislation to be made publicly available in electronic form.
Rule 10 – Procedure for Consideration of Budget Resolution
(a) In the consideration of a concurrent resolution on the budget, the Committee shall first proceed, unless otherwise determined by the Committee, to consider budget aggregates, functional categories, and other appropriate matters on a tentative basis, with the document before the Committee open to amendment. Subsequent amendments may be offered to aggregates, functional categories, or other appropriate matters, which have already been amended in their entirety.
(b) Following adoption of the aggregates, functional categories, and other matters, the text of a concurrent resolution on the budget incorporating such aggregates, functional categories, and other appropriate matters shall be considered for amendment and a final vote.
Rule 11 – Roll Call Votes
(a) A roll call of the members may be had upon the request of at least one-fifth of those present. In the apparent absence of a quorum, a roll call may be had on the request of any member.
(b) No vote may be conducted on any measure or motion pending before the Committee unless a quorum is present for such purpose.
(c) In accordance with clause 2(e)(1)(B) of Rule XI of the Rules of the House of Representatives, a record of the vote of each Committee member on each recorded vote shall be available for public inspection at the offices of the Committee and also made publicly available in electronic form within 48 hours of such record vote, and, with respect to any roll call vote on any motion to amend or report, shall be included in the report of the Committee showing the total number of votes cast for and against and the names of those members voting for and against.
Rule 12 – Proxy Voting
No vote by any member of the Committee on any measure or matter may be cast by proxy.
Rule 13 – Announcement of Hearings
The Chair shall make a public announcement of the date, place, and subject matter of any Committee hearing at least one week before the hearing, beginning with the day in which the announcement is made and ending the day preceding the scheduled hearing 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 hearing sooner, in which case the Chair shall make the announcement at the earliest possible date. Such announcement shall be published promptly in the Daily Digest and made publicly available in electronic form.
Rule 14 – Open Hearings
(a) Each hearing conducted by the Committee or any of its task forces shall be open to the public except when the Committee or task force, in open session and with a quorum 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 compromise sensitive law enforcement information, or would tend to defame, degrade, or incriminate any person, or would violate any law or rule of the House of Representatives. The Committee or task forces may by the same procedure vote to close one subsequent day of hearing.
(b) For the purposes of clause 2(g)(2) of Rule XI of the Rules of the House of Representatives, the task forces of the Committee are considered to be subcommittees.
Rule 15 – Member Day Hearing Requirement
During the first session of the 116th Congress, the Committee shall hold a Member Day Hearing to hear testimony from members, delegates, and the resident commissioner – whether or not they are a member of the Committee – on budget priorities and process.
Rule 16 – Quorum
For the purpose of hearing testimony, not less than two members of the Committee shall constitute a quorum.
Rule 17 – Questioning Witnesses
(a) Questioning of witnesses will be conducted under the five-minute rule unless the Committee adopts a motion pursuant to clause 2(j) of Rule XI of the Rules of the House of Representatives.
(b) In questioning witnesses under the five-minute rule:
(1) First, the Chair and the Ranking minority member shall be recognized;
(2) Next, the Committee members present at the time the hearing is called to order shall be recognized in order of seniority; and
(3) Finally, the Committee members not present at the time the hearing is called to order may be recognized in the order of their arrival at the hearing.
(c) In recognizing Committee members to question witnesses, the Chair may take into consideration the ratio of majority members to minority members and the number of majority and minority members present and shall apportion the recognition for questioning in such a manner as not to disadvantage the members of the majority.
(d) Notwithstanding the provisions of section (a), the Chair and Ranking minority member may designate an equal number of members from each party to question a witness for a period not longer than 30 minutes, or may designate staff from each party to question a witness for a period not longer than 30 minutes.
Rule 18 – Subpoenas and Oaths
(a) In accordance with clause 2(m) of Rule XI of the Rules of the House of Representatives, subpoenas authorized by a majority of the Committee or by the Chair (pursuant to such rules and limitations as the Committee may prescribe) may be issued over the signature of the Chair or of any member of the Committee designated by him, and may be served by any person designated by the Chair or such member.
(b) The Chair, or any member of the Committee designated by the Chair, may administer oaths to witnesses.
Rule 19 – Witnesses’ Statements
(a) So far as practicable, any prepared statement to be presented by a witness shall be submitted to the Committee at least 24 hours in advance of presentation and shall be distributed to all members of the Committee in advance of presentation.
(b) To the greatest extent possible, each witness appearing in a nongovernmental capacity shall include with the written statement of proposed testimony a curriculum vitae and a disclosure of the amount and source (by agency and program) of any Federal grant (or sub-grant thereof) or contract (or subcontract thereof) received during the current fiscal year or either of the two preceding fiscal years.
(c) Such statements, with appropriate redactions to protect the privacy of witnesses, shall be made publicly available in electronic form not later than one day after the witness appears.
PRINTS AND PUBLICATIONS
Rule 20 – Committee Prints
All Committee prints and other materials prepared for public distribution shall be approved by the Committee prior to any distribution, unless such print or other material shows clearly on its face that it has not been approved by the Committee.
Rule 21 – Committee Publications on the Internet
To the maximum extent feasible, the Committee shall make its publications available in electronic form.
Rule 22 – Committee Staff
(a) Subject to approval by the Committee and to the provisions of the following sections, the professional and clerical staff of the Committee shall be appointed, and may be removed, by the Chair.
(b) Committee staff shall not be assigned any duties other than those pertaining to Committee business, and shall be selected without regard to race, religion, national origin, sex, gender identity, sexual orientation, or age, and solely on the basis of fitness to perform the duties of their respective positions.
(c) All Committee staff shall be entitled to equitable treatment, including comparable salaries, facilities, access to official Committee records, leave, and hours of work.
(d) Notwithstanding sections (a), (b), and (c), staff shall be employed in compliance with House Rules, the Employment and Accountability Act, the Fair Labor Standards Act of 1938, and any other applicable Federal statutes.
Rule 23 – Staff Supervision
(a) Staff shall be under the general supervision and direction of the Chair, who shall establish and assign their duties and responsibilities, delegate such authority as he or she deems appropriate, fix and adjust staff salaries (in accordance with Rule X, clause 9(c) of the Rules of the House of Representatives) and job titles, and, at his or her discretion, arrange for their specialized training.
(b) Staff assigned to the minority shall be under the general supervision and direction of the minority members of the Committee, who may delegate such authority, as they deem appropriate.
Rule 24 – Preparation and Maintenance of Committee Records
(a) A substantially verbatim account of remarks actually made during the proceedings shall be made of all hearings and business meetings subject only to technical, grammatical, and typographical corrections.
(b) The proceedings of the Committee shall be recorded in a journal, which shall among other things, include a record of the votes on any question on which a record vote is taken.
(c) Members of the Committee shall correct and return transcripts of hearings as soon as practicable after receipt thereof, except that any changes shall be limited to technical, grammatical, and typographical corrections.
(d) Any witness may examine the transcript of his or her own testimony and make grammatical, technical, and typographical corrections.
(e) The Chair may order the printing of a hearing record without the corrections of any member or witness if he or she determines that such member or witness has been afforded a reasonable time for correction, and that further delay would seriously impede the Committee’s responsibility for meeting its deadlines under the Congressional Budget Act of 1974.
(f) Transcripts of hearings and meetings may be printed if the Chair decides it is appropriate, or if a majority of the members so request.
Rule 25 – Access to Committee Records
(a) The Chair shall promulgate regulations to provide for public inspection of roll call votes and to provide access by members to Committee records (in accordance with clause 2(e) of Rule XI of the Rules of the House of Representatives).
(b) Access to classified testimony and information shall be limited to members of Congress and to House Budget Committee staff and staff of the Office of Official Reporters who have appropriate security clearance.
(c) Notice of the receipt of such information shall be sent to the Committee members. Such information shall be kept in the Committee safe and shall be available to members in the Committee office.
(d) The records of the Committee at the National Archives and Records Administration shall be made available for public use in accordance with Rule VII of the Rules of the House of Representatives. The Chair shall notify the Ranking minority member of any decision, pursuant to clause 3(b)(3) or clause 4(b) of the rule, 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 26 – General Oversight
(a) The Committee shall review and study, on a continuing basis, the application, administration, execution, and effectiveness of those laws, or parts of laws, the subject of which is within its jurisdiction.
(b) The Committee is authorized at any time to conduct such investigations and studies as it may consider necessary or appropriate in the exercise of its responsibilities under clause 1(d) of Rule X of the Rules of the House of Representatives, and, subject to the adoption of expense resolutions as required by clause 6 of Rule X of the House Rules, to incur expenses (including travel expenses) in connection therewith.
(c) Not later than March 1 of the first session of a Congress, the Chair shall prepare, in consultation with the Ranking minority member, and submit to the Committees on Oversight and Reform and House Administration an oversight plan for that Congress in accordance with the provisions of clause 2(d) of Rule X of the Rules of the House of Representatives. The Chair shall provide a copy of that plan to each member of the Committee for at least seven calendar days and must include any supplemental, minority, additional, or dissenting views submitted by a member of the Committee.
Rule 27 – Availability Before Filing
(a) Any report accompanying any bill or resolution ordered reported to the House by the Committee shall be available to all Committee members at least 36 hours prior to filing with the House.
(b) No material change shall be made in any report made available to members pursuant to section (a) without the concurrence of the Ranking minority member or by a majority vote of the Committee.
(c) Notwithstanding any other rule of the Committee, either or both sections (a) and (b) may be waived by the Chair or with a majority vote by the Committee.
Rule 28 – Report on the Budget Resolution
The report of the Committee to accompany a concurrent resolution on the budget shall include any roll call vote on any motion to amend or report any measure.
Rule 29 – Parliamentarian’s Status Report and Section 302 Status Report
(a) (1) In order to carry out its duty under sections 311 and 312 of the Congressional Budget Act of 1974 to advise the House of Representatives as to the current level of spending and revenues as compared to the levels set forth in the latest agreed-upon concurrent resolution on the budget, the Committee shall advise the Speaker on at least a monthly basis when the House is in session as to its estimate of the current level of spending and revenue. Such estimates shall be prepared by the staff of the Committee, transmitted to the Speaker in the form of a Parliamentarian’s Status Report, and printed in the Congressional Record.
(2) The Committee authorizes the Chair, in consultation with the Ranking minority member, to transmit to the Speaker the Parliamentarian’s Status Report described above.
(b) (1) In order to carry out its duty under sections 302 and 312 of the Congressional Budget Act of 1974 to advise the House of Representatives as to the current level of spending within the jurisdiction of committees as compared to the appropriate allocations made pursuant to the Act in conformity with the latest agreed-upon concurrent resolution on the budget, the Committee shall, as necessary, advise the Speaker as to its estimate of the current level of spending within the jurisdiction of appropriate committees. Such estimates shall be prepared by the staff of the Committee and transmitted to the Speaker in the form of a Section 302 Status Report.
(2) The Committee authorizes the Chair, in consultation with the Ranking minority member, to transmit to the Speaker the Section 302 Status Report described above.
Rule 30 – Activity Report
(a) After an adjournment sine die of a regular session of a Congress or after December 15 of an even-numbered year, the chair of the Committee may file at any time with the Clerk the Committee’s activity report for that Congress pursuant to clause 1(d)(1) of Rule XI of the Rules of the House of Representatives without the approval of the Committee, if a copy of the report has been available to each member of the Committee for at least seven calendar days and the report includes any supplemental, minority, or additional views submitted by a member of the Committee.
(b) Such report shall include separate sections summarizing the legislative and oversight activities of the Committee; a summary of the actions taken and recommendations made; a summary of any additional oversight activities undertaken by the Committee, and any recommendations made or actions taken thereon; and a delineation of any hearings held.
Rule 31 – Broadcasting of Meetings and Hearings
(a) It shall be the policy of the Committee to give all news media access to open hearings of the Committee, subject to the requirements and limitations set forth in clause 4 of Rule XI of the Rules of the House of Representatives.
(b) Whenever any Committee business meeting is open to the public, that meeting may be covered, in whole or in part, by television broadcast, radio broadcast, still photography, or by any of such methods of coverage, in accordance with clause 4 of Rule XI of the Rules of the House of Representatives.
Rule 32 – Committee Website
(a) The Chair shall maintain an official Committee website for the purpose of furthering the Committee’s legislative and oversight responsibilities, including communicating information about the Committee’s activities to Committee members, other members of the House, and the public. The Ranking minority member may maintain a similar website for the same purpose, including communicating information about the activities of the minority to Committee members, other members of the House, and the public.
Rule 33 – Appointment of Conferees
(a) Majority party members recommended to the Speaker as conferees shall be recommended by the Chair subject to the approval of the majority party members of the Committee.
(b) The Chair shall recommend such minority party members as conferees as shall be determined by the minority party; the recommended party representation shall be in approximately the same proportion as that in the Committee.
Rule 34 – Waivers
When a reported bill or joint resolution, conference report, or anticipated floor amendment violates any provision of the Congressional Budget Act of 1974, the Chair may, if practical, consult with the Committee members on whether the Chair should recommend, in writing, that the Committee on Rules report a special rule that enforces the Act by not waiving the applicable points of order during the consideration of such measure.