(4) A measure or matter reported by any committee (except the Committee on Appropriations, the Committee on House Administration, the Committee on Rules, and the Committee on Standards of Official Conduct) shall not be considered in the House unless the report of that committee upon that measure or matter has been available to the Members of the House for at least three calendar days (excluding Saturdays, Sundays, and legal holidays) prior to the consideration of that measure or matter in the House. If hearings have been held on any such measure or matter so reported, the committee reporting the measure or matter shall make every reasonable effort to have such hearings printed and available for distribution to the Members of the House prior to the consideration of such measure or matter in the House. This subparagraph shall not apply to

(A) any measure for the declaration of war, or the declaration of a national emergency, by the Congress; and

(B) any executive decision, determination, or action which would become, or continue to be, effective unless disapproved or otherwise invalidated by one or both Houses of Congress. (5) If, within seven calendar days after a measure has, by resolution, been made in order for consideration by the House, no motion has been offered that the House consider that measure, the Speaker may, in his discretion, recognize any member of the committee which reported that measure to offer a motion that the House shall consider that measure if that committee has duly authorized that member to offer that motion.

Sec. 108(b)

Sec. 109

(e) No measure or recommendation shall be Sec. 106(b) reported from any committee unless a majority of the committee were actually present. No vote by any member of any committee with respect to any measure or matter may be cast by proxy unless such committee, by written rule adopted by the committee, permits voting by proxy and requires that the proxy authorization shall be in writing, shall designate the person who is to execute the proxy authorization, and shall be limited to a specific measure or matter and any amendments or motions pertaining thereto.

(f) (1) Each committee of the House (except the Sec. 111(b) Committee on Rules) shall make public announcement of the date, place, and subject matter of any hearing to be conducted by the committee on any measure or matter at least one week before the commencement of that hearing, unless the committee determines that there is good cause to begin. such hearing at an earlier date. If the committee.

Sec. 112(b)

Sec. 113(b)

Sec. 114(b)

H. Res. 5

Sec. 115(b)

Sec. 242(c) (2)

Sec. 242(c) (1)

makes that determination, the committee shall make such public announcement at the earliest possible date. Such public announcement also shall be published in the Daily Digest portion of the Congressional Record as soon as possible after such public announcement is made by the committee.

(2) Each hearing conducted by each committee shall be open to the public except when the committee, by majority vote, determines otherwise.1

(3) Each committee shall require, so far as practicable, each witness who is to appear before it to file with the committee, in advance of his appearance, a written statement of his proposed testimony and to limit his oral presentation at his appearance to a brief summary of his argument.

(4) Whenever any hearing is conducted by any committee 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. All committees shall provide in their rules of procedure for the application of the five-minute rule in the interrogation of witnesses until such time as each member of the committee who so desires has had an opportunity to question the witness.

(5) No point of order shall lie with respect to any measure reported by any committee on the ground that hearings upon such measure were not conducted in accordance with the provisions of this clause; except that a point of order on that ground may be made by any member of the committee which has reported the measure if, in the committee, such point of order was (A) timely made and (B) improperly overruled or not properly considered.

(6) The preceding provisions of this paragraph do not apply to hearings on the Budget by the Committee on Appropriations under paragraph (g) of this clause.

(g) (1) The Committee on Appropriations shall, within thirty days after the transmittal of the Budget to the Congress each year, hold hearings on the Budget as a whole with particular reference to

(A) the basic recommendations and budgetary policies of the President in the presentation of the Budget; and

(B) the fiscal, financial, and economic assumptions used as bases in arriving at total estimated expenditures and receipts.

1 Clause 26(f) of Rule XI, which relates to open business meetings of standing committres is, by its terms, inapplicable to this subparagraph.

(2) In holding hearings pursuant to subparagraph (1) of this paragraph, the committee shall receive testimony from the Secretary of the Treasury, the Director of the Office of Management and Budget, the Chairman of the Council of Economic Advisers, and such other persons as the committee may desire. (3) Hearings pursuant to subparagraph (1) of this paragraph shall be held in open session, except when the committee determines that the testimony to be taken at that hearing may relate to a matter of national security. A transcript of all such hearings shall be printed and a copy thereof furnished to each Member and the Resident Commissioner from Puerto Rico.3

(4) Hearings pursuant to subparagraph (1) of this paragraph, or any part thereof, may be held before joint meetings of the committee and the Committee on Appropriations of the Senate in accordance with such procedures as the two committees jointly may determine.

(h) Each committee may fix the number of its N.C. members to constitute a quorum for taking testimony and receiving evidence, which shall be not less than two.

(i) The chairman at an investigative hearing shall N.C. announce in an opening statement the subject of the investigation.

(j) A copy of the committee rules, if any, and this Sec. 129()) clause of this Rule shall be made available to the witness."

(k) Witnesses at investigative hearings may be N.C. accompanied by their own counsel for the purpose of advising them concerning their constitutional rights.

(1) The chairman may punish breaches of order N.C. 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.

(m) If the committee determines that evidence or N.C. testimony at an investigative hearing may tend to defame, degrade, or incriminate any person, it shall

(1) receive such evidence or testimony in executive session;

(2) afford such person an opportunity voluntarily to appear as a witness; and

(3) receive and dispose of requests from such person to subpena additional witnesses.

2 (Same as footnote 1, above.)

H. Res. 5 does not contain any express language adding, District of Columbia Delegate here.

Sec. 129 (3) simply directed change of italicized words in prior Rule XI, 27(1); viz, "A copy of the committee rules if any, and paragraph 27 of rule XI of the House of Representatives shall be made available to the witness." Note that H. Res. 5, amending Clause 27 (a), now makes adoption of committee rules mandatory.

N.C.

N.C.

N.C.

N.C.

(n) Except as provided in paragraph (m), the chairman shall receive and the committee shall dispose of requests to subpena additional witnesses.

(0) No evidence or testimony taken in executive session may be released or used in public sessions without the consent of the committee.

(p) 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 pertinency of testimony and evidence adduced at its hearing.

(q) Upon payment of the cost thereof, 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.

D. House Rule XI, 28. Legislative Review by Committees

Clause 28, relating to legislative review by committees, was amended by sections 118(b) and 252 (c) of the Legislative Reorganization Act of 1970. It now reads as follows:

28. (a) In order to assist the House in

(1) its analysis, appraisal, and evaluation of the application, administration, and execution of the laws enacted by the Congress, and

(2) its formulation, consideration, and enactment of such modifications of or changes in those laws, and of such additional legislation, as may be necessary or appropriate,

each standing committee shall review and study, on a continuing basis, the application, administration, and execution of those laws, or parts of laws, the subject matter of which is within the jurisdiction of that committee.

(b) Each standing committee shall submit to the House, not later than January 2 of each oddnumbered year beginning on or after January 1, 1973, a report on the activities of that committee under this clause during the Congress ending at noon on January 3 of such year.

(c) The preceding provisions of this clause do not apply to the Committee on Appropriations, the Committee on House Administration, the Committee on Rules, and the Committee on Standards of Official Conduct.

Sec. 118(b)

(d) Each standing committee of the House shall, Sec. 252(c) in its consideration of all bills and joint resolutions of a public character within its jurisdiction, endeavor to insure that

(1) all continuing programs of the Federal Government, and of the government of the District of Columbia, within the jurisdiction of that committee, are designed; and

(2) all continuing activities of Government agencies, within the jurisdiction of that committee, are carried on;

so that, to the extent consistent with the nature, requirements, and objectives of those programs and activities, appropriations therefor will be made annually. For the purposes of this paragraph, a Government agency includes the organizational units of government listed in paragraph (d) of clause 7 of Rule XIII.