| |
RULE XI: PROCEDURES OF COMMITTEES AND
UNFINISHED BUSINESS
In general
(a)(1)(A) The Rules of the House are the rules of its committees and subcommittees so far as applicable. (B) Each subcommittee is a part of its committee and is subject to the authority and direction of that committee and to its rules, so far as applicable.
(2)(A) In a committee or subcommittee— (i) a motion to recess from day to day, or to recess subject to the call of the Chair (within 24 hours), shall be privileged; and (ii) a motion to dispense with the first reading (in full) of a bill or resolution shall be privileged if printed copies are available. (B) A motion accorded privilege under this subparagraph shall be decided without debate.
(b)(1) Each committee may conduct at any time such investigations and studies as it considers necessary or appropriate in the exercise of its responsibilities under rule X. Subject to the adoption of expense resolutions as required by clause 6 of rule X, each committee may incur expenses, including travel expenses, in connection with such investigations and studies.
(2) A proposed investigative or oversight report shall be considered as read in committee if it has been available to the members for at least 24 hours (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such a day).
(3) A report of an investigation or study conducted jointly by more than one committee may be filed jointly, provided that each of the committees complies independently with all requirements for approval and filing of the report.
(4) After an adjournment sine die of the last regular session of a Congress, an investigative or oversight report may be filed with the Clerk at any time, provided that a member who gives timely notice of intention to file supplemental, minority, or additional views shall be entitled to not less than seven calendar days in which to submit such views for inclusion in the report.
(c) Each committee may have printed and bound such testimony and other data as may be presented at hearings held by the committee or its subcommittees. All costs of stenographic services and transcripts in connection with a meeting or hearing of a committee shall be paid from the applicable accounts of the House described in clause 1(j)(1) of rule X.
(d)(1) Each committee shall submit to the House not later than January 2 of each odd-numbered year a report on the activities of that committee under this rule and rule X during the Congress ending at noon on January 3 of such year.
(2) Such report shall include separate sections summarizing the legislative and oversight activities of that committee during that Congress.
(3) The oversight section of such report shall include a summary of the oversight plans submitted by the committee under clause 2(d) of rule X, a summary of the actions taken and recommendations made with respect to each such plan, a summary of any additional oversight activities undertaken by that committee, and any recommendations made or actions taken thereon.
(4) After an adjournment sine die of the last regular session of a Congress, the chairman of a committee may file an activities report under subparagraph (1) with the Clerk at any time and without approval of the committee, provided that— (A) a copy of the report has been available to each member of the committee for at least seven calendar days; and (B) the report includes any supplemental, minority, or additional views submitted by a member of the committee.
Adoption of written rules
2. (a)(1) Each standing committee shall adopt written rules governing its procedure. Such rules—
(A) shall be adopted in a meeting that is open to the public unless the committee, in open session and with a quorum present, determines by record vote that all or part of the meeting on that day shall be closed to the public;
(B) may not be inconsistent with the Rules of the House or with those provisions of law having the force and effect of Rules of the House; and
(C) shall in any event incorporate all of the succeeding provisions of this clause to the extent applicable. (2) Each committee shall submit its rules for publication in the Congressional Record not later than 30 days after the committee is elected in each odd-numbered year. (3) A committee may adopt a rule providing that the chairman be directed to offer a motion under clause 1 of rule XXII whenever the chairman considers it appropriate.
Regular meeting days
(b) Each standing committee shall establish regular meeting days for the conduct of its business, which shall be not less frequent than monthly. Each such committee shall meet for the consideration of a bill or resolution pending before the committee or the transaction of other committee business on all regular meeting days fixed by the committee unless otherwise provided by written rule adopted by the committee.
Additional and special meetings
(c)(1) The chairman of each standing committee may call and convene, as he considers necessary, additional and special meetings of the committee for the consideration of a bill or resolution pending before the committee or for the conduct of other committee business, subject to such rules as the committee may adopt. The committee shall meet for such purpose under that call of the chairman.
(2) Three or more members of a standing committee may file in the offices of the committee a written request that the chairman call a special meeting of the committee. Such request shall specify the measure or matter to be considered. Immediately upon the filing of the request, the clerk of the committee shall notify the chairman of the filing of the request. If the chairman does not call the requested special meeting within three calendar days after the filing of the request (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. The written notice shall specify the date and hour of the special meeting and the measure or matter to be considered. The committee shall meet on that date and hour. Immediately upon the filing of the notice, the clerk of the committee shall notify all members of the committee that such special meeting will be held and inform them of its date and hour and the measure or matter to be considered. Only the measure or matter specified in that notice may be considered at that special meeting.
Temporary absence of chairman
(d) A member of the majority party on each standing committee or subcommittee thereof shall be designated by the chairman of the full committee as the vice chairman of the committee or subcommittee, as the case may be, and shall preside during the absence of the chairman from any meeting. If the chairman and vice chairman of a committee or subcommittee are not present at any meeting of the committee or subcommittee, the ranking majority member who is present shall preside at that meeting.
Committee records
(e)(1)(A) Each committee shall keep a complete record of all committee action which shall include—
(i) in the case of a meeting or hearing transcript, a substantially verbatim account of remarks actually made during the proceedings, subject only to technical, grammatical, and typographical corrections authorized by the person making the remarks involved; and
(ii) a record of the votes on any question on which a record vote is demanded. (B)(i) Except as provided in subdivision (B)(ii) and subject to paragraph (k)(7), the result of each such record vote shall be made available by the committee for inspection by the public at reasonable times in its offices. Information so available for public inspection shall include a description of the amendment, motion, order, or other proposition, the name of each member voting for and each member voting against such amendment, motion, order, or proposition, and the names of those members of the committee present but not voting. (ii) The result of any record vote taken in executive session in the Committee on Standards of Official Conduct may not be made available for inspection by the public without an affirmative vote of a majority of the members of the committee.
(2)(A) Except as provided in subdivision (B), all committee hearings, records, data, charts, and files shall be kept separate and distinct from the congressional office records of the member serving as its chairman. Such records shall be the property of the House, and each Member, Delegate, and the Resident Commissioner shall have access thereto. (B) A Member, Delegate, or Resident Commissioner, other than members of the Committee on Standards of Official Conduct, may not have access to the records of that committee respecting the conduct of a Member, Delegate, Resident Commissioner, officer, or employee of the House without the specific prior permission of that committee.
(3) Each committee shall include in its rules standards for availability of records of the committee delivered to the Archivist of the United States under rule VII. Such standards shall specify procedures for orders of the committee under clause 3(b)(3) and clause 4(b) of rule VII, including a requirement that nonavailability of a record for a period longer than the period otherwise applicable under that rule shall be approved by vote of the committee.
(4) Each committee shall make its publications available in electronic form to the maximum extent feasible.
Prohibition against proxy voting
(f) A vote by a member of a committee or subcommittee with respect to any measure or matter may not be cast by proxy.
Open meetings and hearings
(g)(1) Each meeting for the transaction
of business, including the markup
of legislation, by a standing committee
or subcommittee thereof (other
than the Committee on Standards of
Official Conduct or its subcommittees)
shall be open to the public, including to radio, television, and still photography
coverage, except when the committee
or subcommittee, in open session
and with a majority present, determines
by record vote that all or part
of the remainder of the meeting on
that day shall be in executive session
because disclosure of matters to be
considered would endanger national security,
would compromise sensitive law
enforcement information, would tend
to defame, degrade, or incriminate any
person, or otherwise would violate a
law or rule of the House. Persons, other
than members of the committee and
such noncommittee Members, Delegates,
Resident Commissioner, congressional
staff, or departmental representatives
as the committee may authorize, may not be present at a business or
markup session that is held in executive
session. This subparagraph does
not apply to open committee hearings,
which are governed by clause 4(a)(1) of
rule X or by subparagraph (2).
(2)(A) Each hearing conducted by a
committee or subcommittee (other
than the Committee on Standards of
Official Conduct or its subcommittees)
shall be open to the public, including
to radio, television, and still photography
coverage, except when the committee
or subcommittee, in open session
and with a majority present, determines
by record 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 national security,
would compromise sensitive law enforcement
information, or would violate
a law or rule of the House.
(B) Notwithstanding the requirements
of subdivision (A), in the presence
of the number of members required
under the rules of the committee
for the purpose of taking testimony,
a majority of those present
may— (i) agree to close the hearing for
the sole purpose of discussing whether
testimony or evidence to be received
would endanger national security,
would compromise sensitive law
enforcement information, or would
violate clause 2(k)(5); or
(ii) agree to close the hearing as
provided in clause 2(k)(5).
(C) A Member, Delegate, or Resident
Commissioner may not be excluded
from nonparticipatory attendance at a
hearing of a committee or subcommittee
(other than the Committee
on Standards of Official Conduct or its
subcommittees) unless the House by
majority vote authorizes a particular
committee or subcommittee, 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,
Delegates, and the Resident Commissioner
by the same procedures specified
in this subparagraph for closing hearings
to the public.
(D) The committee or subcommittee
may vote by the same procedure described
in this subparagraph to close
one subsequent day of hearing, except
that the Committee on Appropriations,
the Committee on Armed Services, and
the Permanent Select Committee on
Intelligence, and the subcommittees
thereof, may vote by the same procedure
to close up to five additional, consecutive
days of hearings.
(3) The chairman of each committee
(other than the Committee on Rules)
shall make public announcement of the
date, place, and subject matter of a
committee hearing at least one week
before the commencement of the hearing.
If the chairman of the committee,
with the concurrence of the ranking
minority member, determines that
there is good cause to begin a hearing
sooner, or if the committee so determines
by majority vote in the presence
of the number of members required
under the rules of the committee for
the transaction of business, the chairman
shall make the announcement at
the earliest possible date. An announcement
made under this subparagraph
shall be published promptly in
the Daily Digest and made available in
electronic form.
(4) Each committee shall, to the
greatest extent practicable, require
witnesses who appear before it to submit
in advance written statements of
proposed testimony and to limit their
initial presentations to the committee
to brief summaries thereof. In the case
of a witness appearing in a nongovernmental
capacity, a written statement
of proposed testimony shall include a
curriculum vitae and a disclosure of
the amount and source (by agency and
program) of each Federal grant (or
subgrant thereof) or contract (or subcontract
thereof) 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.
(5)(A) Except as provided in subdivision
(B), a point of order does not lie
with respect to a measure reported by
a committee on the ground that hearings
on such measure were not conducted
in accordance with this clause.
(B) A point of order on the ground described
in subdivision (A) may be made
by a member of the committee that reported
the measure if such point of
order was timely made and improperly
disposed of in the committee.
(6) This paragraph does not apply to
hearings of the Committee on Appropriations
under clause 4(a)(1) of
rule X.
Quorum requirements
(h)(1) A measure or recommendation may not be reported by a committee unless a majority of the committee is
actually present.
(2) Each committee may fix the number
of its members to constitute a
quorum for taking testimony and receiving
evidence, which may not be
less than two.
(3) Each committee (other than the
Committee on Appropriations, the
Committee on the Budget, and the
Committee on Ways and Means) may
fix the number of its members to constitute
a quorum for taking any action
other than one for which the presence
of a majority of the committee is otherwise
required, which may not be less
than one-third of the members.
(4)(A) Each committee may adopt a
rule authorizing the chairman of a
committee or subcommittee— (i) to postpone further proceedings
when a record vote is ordered on the
question of approving a measure or
matter or on adopting an amendment;
and
(ii) to resume proceedings on a
postponed question at any time after
reasonable notice.
(B) A rule adopted pursuant to this
subparagraph shall provide that 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.
Limitation on committee sittings
(i) A committee may not sit during a joint session of the House and Senate or during a recess when a joint meeting of the House and Senate is in progress.
Calling and questioning of witnesses
(j)(1) Whenever a hearing is conducted
by a committee on a measure or
matter, the minority members of the
committee shall be entitled, upon request
to the chairman by a majority of
them before the completion of the
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.
(2)(A) Subject to subdivisions (B) and
(C), each committee shall apply the
five-minute rule during the questioning
of witnesses in a hearing until
such time as each member of the committee
who so desires has had an opportunity
to question each witness.
(B) A committee may adopt a rule or
motion permitting a specified number
of its members to question a witness
for longer than five minutes. The time
for extended questioning of a witness
under this subdivision shall be equal
for the majority party and the minority
party and may not exceed one hour
in the aggregate.
(C) A committee may adopt a rule or
motion permitting committee staff for
its majority and minority party members
to question a witness for equal
specified periods. The time for extended
questioning of a witness under
this subdivision shall be equal for the
majority party and the minority party
and may not exceed one hour in the aggregate.
Hearing procedures
(k)(1) The chairman at a hearing
shall announce in an opening statement
the subject of the hearing.
(2) A copy of the committee rules and
of this clause shall be made available
to each witness on request.
(3) Witnesses at 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 by a member
of the committee that the evidence
or testimony at a hearing may tend to
defame, degrade, or incriminate any
person, or it is asserted by a witness
that the evidence or testimony that
the witness would give at a hearing
may tend to defame, degrade, or incriminate
the witness— (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.
Supplemental, minority, or additional
views.
(l) If at the time of approval of a measure or matter by a committee (other than the Committee on Rules) a member of the committee gives notice of intention to file supplemental, minority, or additional views for inclusion in the report to the House thereon, that member shall be entitled to not less than two additional calendar days after the day of such notice (excluding Saturdays, Sundays, and legal holidays except when the House is in session on such a day) to file such views, in writing and signed by that member, with the clerk of the committee.
Power to sit and act; subpoena power
(m)(1) For the purpose of carrying
out any of its functions and duties
under this rule and rule X (including
any matters referred to it under clause
2 of rule XII), a committee or subcommittee
is authorized (subject to
subparagraph (3)(A))— (A) 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 considers
necessary; and
(B) to require, by subpoena or otherwise,
the attendance and testimony
of such witnesses and the production
of such books, records, correspondence,
memoranda, papers, and documents
as it considers necessary.
(2) The chairman of the committee,
or a member designated by the chairman,
may administer oaths to witnesses.
(3)(A)(i) Except as provided in subdivision
(A)(ii), a subpoena may be authorized
and issued by a committee or
subcommittee under subparagraph
(1)(B) in the conduct of an investigation
or series of investigations or activities
only when authorized by the
committee or subcommittee, a majority
being present. The power to authorize
and issue subpoenas under subparagraph
(1)(B) may be delegated to the
chairman of the committee under such
rules and under such limitations as the
committee may prescribe. Authorized
subpoenas shall be signed by the chair man of the committee or by a member
designated by the committee.
(ii) In the case of a subcommittee of
the Committee on Standards of Official
Conduct, a subpoena may be authorized
and issued only by an affirmative vote
of a majority of its members.
(B) A subpoena duces tecum may
specify terms of return other than at a
meeting or hearing of the committee
or subcommittee authorizing the subpoena.
(C) Compliance with a subpoena
issued by a committee or subcommittee
under subparagraph (1)(B)
may be enforced only as authorized or
directed by the House.
Committee on Standards of Official
Conduct
3. (a) The Committee on Standards of Official Conduct has the following
functions:
(1) The committee may recommend
to the House from time to time such
administrative actions as it may consider
appropriate to establish or enforce
standards of official conduct for
Members, Delegates, the Resident
Commissioner, officers, and employees
of the House. A letter of reproval
or other administrative action of the
committee pursuant to an investigation
under subparagraph (2) shall
only be issued or implemented as a
part of a report required by such subparagraph.
(2) The committee may investigate,
subject to paragraph (b), an alleged
violation by a Member, Delegate,
Resident Commissioner, officer, or
employee of the House of the Code of
Official Conduct or of a law, rule,
regulation, or other standard of conduct
applicable to the conduct of
such Member, Delegate, Resident
Commissioner, officer, or employee
in the performance of his duties or
the discharge of his responsibilities.
After notice and hearing (unless the
right to a hearing is waived by the
Member, Delegate, Resident Commissioner,
officer, or employee), the
committee shall report to the House
its findings of fact and recommendations,
if any, for the final disposition
of any such investigation and such
action as the committee may consider
appropriate in the circumstances.
(3) The committee may report to
the appropriate Federal or State authorities,
either with the approval of
the House or by an affirmative vote
of two-thirds of the members of the
committee, any substantial evidence
of a violation by a Member, Delegate,
Resident Commissioner, officer, or
employee of the House, of a law applicable
to the performance of his duties
or the discharge of his responsibilities
that may have been disclosed
in a committee investigation.
(4) The committee may consider
the request of a Member, Delegate,
Resident Commissioner, officer, or
employee of the House for an advisory
opinion with respect to the general
propriety of any current or proposed
conduct of such Member, Delegate,
Resident Commissioner, officer,
or employee. With appropriate deletions
to ensure the privacy of the
person concerned, the committee
may publish such opinion for the
guidance of other Members, Delegates,
the Resident Commissioner,
officers, and employees of the House.
(5) The committee may consider
the request of a Member, Delegate,
Resident Commissioner, officer, or
employee of the House for a written
waiver in exceptional circumstances
with respect to clause 4 of rule XXIII.
(b)(1)(A) Unless approved by an affirmative
vote of a majority of its
members, the Committee on Standards
of Official Conduct may not report a
resolution, report, recommendation, or
advisory opinion relating to the official
conduct of a Member, Delegate,
Resident Commissioner, officer, or employee
of the House, or, except as provided
in subparagraph (2), undertake an
investigation of such conduct.
(B)(i) Upon the receipt of information
offered as a complaint that is in compliance
with this rule and the rules of
the committee, the chairman and ranking
minority member jointly may appoint
members to serve as an investigative
subcommittee.
(ii) The chairman and ranking minority
member of the committee jointly
may gather additional information
concerning alleged conduct that is the
basis of a complaint or of information
offered as a complaint until they have
established an investigative subcommittee
or either of them has placed
on the agenda of the committee the
issue of whether to establish an investigative
subcommittee.
(2) Except in the case of an investigation
undertaken by the committee on
its own initiative, the committee may
undertake an investigation relating to
the official conduct of an individual
Member, Delegate, Resident Commissioner,
officer, or employee of the
House only—
(A) upon receipt of information offered
as a complaint, in writing and
under oath, from a Member, Delegate,
or Resident Commissioner and
transmitted to the committee by
such Member, Delegate, or Resident
Commissioner; or
(B) upon receipt of information offered
as a complaint, in writing and
under oath, from a person not a
Member, Delegate, or Resident Commissioner
provided that a Member,
Delegate, or Resident Commissioner
certifies in writing to the committee
that he believes the information is
submitted in good faith and warrants
the review and consideration of the
committee.
(3) The committee may not undertake
an investigation of an alleged violation
of a law, rule, regulation, or
standard of conduct that was not in effect
at the time of the alleged violation.
The committee may not undertake
an investigation of such an alleged
violation that occurred before
the third previous Congress unless the
committee determines that the alleged
violation is directly related to an alleged
violation that occurred in a more
recent Congress.
(4) A member of the committee shall
be ineligible to participate as a member
of the committee in a committee
proceeding relating to the member’s official
conduct. Whenever a member of
the committee is ineligible to act as a
member of the committee under the
preceding sentence, the Speaker shall
designate a Member, Delegate, or Resident
Commissioner from the same political
party as the ineligible member
to act in any proceeding of the committee
relating to that conduct.
(5) A member of the committee may
disqualify himself from participating
in an investigation of the conduct of a
Member, Delegate, Resident Commissioner,
officer, or employee of the
House upon the submission in writing
and under oath of an affidavit of disqualification
stating that the member
cannot render an impartial and unbiased
decision in the case in which the
member seeks to be disqualified. If the
committee approves and accepts such
affidavit of disqualification, the chairman
shall so notify the Speaker and request
the Speaker to designate a Member,
Delegate, or Resident Commissioner
from the same political party as
the disqualifying member to act in any
proceeding of the committee relating
to that case.
(6) Information or testimony received,
or the contents of a complaint
or the fact of its filing, may not be
publicly disclosed by any committee or
staff member unless specifically authorized
in each instance by a vote of
the full committee.
(7) The committee shall have the
functions designated in titles I and V
of the Ethics in Government Act of
1978, in sections 7342, 7351, and 7353 of
title 5, United States Code, and in
clause 11(g)(4) of rule X.
(c)(1) Notwithstanding clause 2(g)(1)
of rule XI, each meeting of the Committee
on Standards of Official Conduct
or a subcommittee thereof shall
occur in executive session unless the
committee or subcommittee, by an affirmative
vote of a majority of its
members, opens the meeting to the
public.
(2) Notwithstanding clause 2(g)(2) of
rule XI, each hearing of an adjudicatory
subcommittee or sanction hearing
of the Committee on Standards of Official
Conduct shall be held in open session
unless the committee or subcommittee,
in open session by an affirmative
vote of a majority of its
members, closes all or part of the remainder
of the hearing on that day to
the public.
(d) Before a member, officer, or employee
of the Committee on Standards
of Official Conduct, including members
of a subcommittee of the committee
selected under clause 5(a)(4) of rule X
and shared staff, may have access to information that is confidential under the rules of the committee, the following
oath (or affirmation) shall be
executed: ‘‘I do solemnly swear (or affirm)
that I will not disclose, to any person
or entity outside the Committee on
Standards of Official Conduct, any
information received in the course of
my service with the committee, except
as authorized by the committee
or in accordance with its rules.’’ Copies of the executed oath shall be retained
by the Clerk as part of the
records of the House. This paragraph
establishes a standard of conduct within
the meaning of paragraph (a)(2).
Breaches of confidentiality shall be investigated
by the Committee on Standards
of Official Conduct and appropriate
action shall be taken.
(e)(1) If a complaint or information
offered as a complaint is deemed frivolous
by an affirmative vote of a majority
of the members of the Committee
on Standards of Official Conduct, the
committee may take such action as it,
by an affirmative vote of a majority of
its members, considers appropriate in
the circumstances.
(2) Complaints filed before the One
Hundred Ninth Congress may not be
deemed frivolous by the Committee on
Standards of Official Conduct.
Committee agendas
(f) The committee shall adopt rules providing that the chairman shall establish the agenda for meetings of the committee, but shall not preclude the ranking minority member from placing any item on the agenda.
Committee staff
(g)(1) The committee shall adopt
rules providing that— (A) the staff be assembled and retained
as a professional, nonpartisan
staff;
(B) each member of the staff shall
be professional and demonstrably
qualified for the position for which
he is hired;
(C) the staff as a whole and each
member of the staff shall perform all
official duties in a nonpartisan manner;
(D) no member of the staff shall engage
in any partisan political activity
directly affecting any congressional
or presidential election;
(E) no member of the staff or outside
counsel may accept public
speaking engagements or write for
publication on any subject that is in
any way related to his or her employment
or duties with the committee
without specific prior approval from
the chairman and ranking minority
member; and
(F) no member of the staff or outside
counsel may make public, unless
approved by an affirmative vote of a
majority of the members of the committee,
any information, document,
or other material that is confidential,
derived from executive session,
or classified and that is obtained during
the course of employment with
the committee.
(2) Only subdivisions (C), (E), and (F)
of subparagraph (1) shall apply to
shared staff.
(3)(A) All staff members shall be appointed
by an affirmative vote of a majority
of the members of the committee.
Such vote shall occur at the
first meeting of the membership of the
committee during each Congress and as
necessary during the Congress.
(B) Subject to the approval of the
Committee on House Administration,
the committee may retain counsel not
employed by the House of Representatives
whenever the committee determines,
by an affirmative vote of a majority
of the members of the committee,
that the retention of outside
counsel is necessary and appropriate.
(C) If the committee determines that
it is necessary to retain staff members
for the purpose of a particular investigation
or other proceeding, then such
staff shall be retained only for the duration
of that particular investigation
or proceeding.
(D) Outside counsel may be dismissed
before the end of a contract between
the committee and such counsel only
by an affirmative vote of a majority of
the members of the committee.
(4) In addition to any other staff provided
for by law, rule, or other authority,
with respect to the committee, the
chairman and ranking minority member
each may appoint one individual as
a shared staff member from his or her
personal staff to perform service for
the committee. Such shared staff may
assist the chairman or ranking minority
member on any subcommittee on
which he serves.
Meetings and hearings
(h)(1) The committee shall adopt rules providing that—
(A) all meetings or hearings of the committee or any subcommittee thereof, other than any hearing held by an adjudicatory subcommittee or any sanction hearing held by the committee, shall occur in executive session unless the committee or subcommittee by an affirmative vote of a majority of its members opens the meeting or hearing to the public; and
(B) any hearing held by an adjudicatory subcommittee or any sanction hearing held by the committee shall be open to the public unless the committee or subcommittee by an affirmative vote of a majority of its members closes the hearing to the public.
Public disclosure
(i) The committee shall adopt rules providing that, unless otherwise determined by a vote of the committee, only the chairman or ranking minority member, after consultation with each other, may make public statements regarding matters before the committee or any subcommittee thereof.
Requirements to constitute a complaint
(j) The committee shall adopt rules regarding complaints to provide that whenever information offered as a complaint is submitted to the committee, the chairman and ranking minority member shall have 14 calendar days or five legislative days, whichever is sooner, to determine whether the information meets the requirements of the rules of the committee for what constitutes a complaint.
Duties of chairman and ranking minority member regarding properly filed complaints
(k)(1) The committee shall adopt
rules providing that whenever the
chairman and ranking minority member
jointly determine that information
submitted to the committee meets the
requirements of the rules of the committee
for what constitutes a complaint,
they shall have 45 calendar days
or five legislative days, whichever is
later, after that determination (unless
the committee by an affirmative vote
of a majority of its members votes otherwise)
to—
(A) recommend to the committee
that it dispose of the complaint, or
any portion thereof, in any manner
that does not require action by the
House, which may include dismissal
of the complaint or resolution of the
complaint by a letter to the Member,
officer, or employee of the House
against whom the complaint is made;
(B) establish an investigative subcommittee
(unless, at any time during
the applicable periods of time
under this subparagraph, either the
chairman or ranking minority member
has placed on the agenda the
issue of whether to establish an investigative
subcommittee, in which
case an investigative subcommittee
may be established only by an affirmative
vote of a majority of the members
of the committee); or
(C) request that the committee extend
the applicable 45-calendar day
or five-legislative day period by one
additional 45-calendar day period
when they determine more time is
necessary in order to make a recommendation
under subdivision (A).
(2) The committee shall adopt rules
providing that if the chairman and
ranking minority member jointly determine
that information submitted to
the committee meets the requirements
of the rules of the committee for what
constitutes a complaint, and the complaint
is not disposed of within the applicable
time periods under subparagraph
(1), and an investigative subcommittee
has not been established,
then such complaint shall be dismissed.
(3) The committee shall adopt rules
providing that before a letter described
in subparagraph (1)(A) is issued, the
committee shall transmit written notification
to the Member, officer, or employee
of the House against whom the
complaint is made of the right of such
person to review the contents of the
letter. Such person shall have seven calendar days after receipt of such notification
in which either to accept the
letter (in which case the committee
may issue the letter), to contest the
letter by submitting views in writing
(which shall be appended to the letter
when issued and made part of the
record), or to contest the letter by requesting
in writing that the committee
establish an adjudicatory subcommittee
as if the letter constituted
an adopted statement of alleged violation
(in which case the committee
shall establish an adjudicatory subcommittee
and shall not issue the letter).
(4) The committee shall adopt rules
providing that, if a letter described in
subparagraph (1)(A) references the official
conduct of a Member other than
one against whom the complaint is
made, the committee shall transmit
written notification to such Member of
the right of such Member to review the
contents of the letter. Such Member
shall have seven calendar days after receipt
of notification in which either to
submit views in writing (which shall be
made part of the record and appended
to the letter, if issued), or to request in
writing that the committee establish
an adjudicatory subcommittee as if the
letter constituted an adopted statement
of alleged violation (in which
case the committee shall establish an
adjudicatory subcommittee).
Duties of chairman and ranking minority member regarding information not constituting a complaint
(l) The committee shall adopt rules providing that whenever the chairman and ranking minority member jointly determine that information submitted to the committee does not meet the requirements of the rules of the committee for what constitutes a complaint, they may— (1) return the information to the complainant with a statement that it fails to meet the requirements of the rules of the committee for what constitutes a complaint; or (2) recommend to the committee that it authorize the establishment of an investigative subcommittee.
Investigative and adjudicatory subcommittees
(m) The committee shall adopt rules providing that—
(1)(A) an investigative subcommittee
shall be composed of four
Members (with equal representation
from the majority and minority parties)
whenever such a subcommittee
is established pursuant to the rules
of the committee;
(B) an adjudicatory subcommittee
shall be composed of the members of
the committee who did not serve on
the pertinent investigative subcommittee
(with equal representation
from the majority and minority
parties) whenever such a subcommittee
is established pursuant to
the rules of the committee; and
(C) notwithstanding any other provision
of this clause, the chairman
and ranking minority member of the
committee may consult with an investigative
subcommittee either on
their own initiative or on the initiative
of the subcommittee, shall have
access to information before a subcommittee
with which they so consult,
and shall not thereby be precluded
from serving as full, voting
members of any adjudicatory subcommittee;
(2) at the time of appointment, the
chairman shall designate one member
of a subcommittee to serve as
chairman and the ranking minority
member shall designate one member
of the subcommittee to serve as the
ranking minority member; and
(3) the chairman and ranking minority
member of the committee
may serve as members of an investigative
subcommittee, but may not
serve as non-voting, ex officio members.
Standard of proof for adoption of statement of alleged violation
(n) The committee shall adopt rules to provide that an investigative subcommittee
may adopt a statement of
alleged violation only if it determines
by an affirmative vote of a majority of
the members of the subcommittee that
there is substantial reason to believe
that a violation of the Code of Official
Conduct, or of a law, rule, regulation,
or other standard of conduct applicable
to the performance of official duties or
the discharge of official responsibilities
by a Member, officer, or employee of
the House of Representatives, has occurred.
Subcommittee powers
(o)(1) The committee shall adopt rules providing that an investigative subcommittee or an adjudicatory subcommittee
may authorize and issue
subpoenas only when authorized by an
affirmative vote of a majority of the
members of the subcommittee.
(2) The committee shall adopt rules
providing that an investigative subcommittee
may, upon an affirmative
vote of a majority of its members, expand
the scope of its investigation approved
by an affirmative vote of a majority
of the members of the committee.
(3) The committee shall adopt rules
to provide that— (A) an investigative subcommittee
may, upon an affirmative vote of a
majority of its members, amend its
statement of alleged violation anytime
before the statement of alleged
violation is transmitted to the committee;
and
(B) if an investigative subcommittee
amends its statement of
alleged violation, the respondent
shall be notified in writing and shall
have 30 calendar days from the date
of that notification to file an answer
to the amended statement of alleged
violation.
Due process rights of respondents and witnesses
(p) The committee shall adopt rules
to provide that—
(1) not less than 10 calendar days
before a scheduled vote by an investigative
subcommittee on a statement
of alleged violation, the subcommittee
shall provide the respondent
with a copy of the statement of
alleged violation it intends to adopt
together with all evidence it intends
to use to prove those charges which
it intends to adopt, including documentary
evidence, witness testimony,
memoranda of witness interviews,
and physical evidence, unless
the subcommittee by an affirmative
vote of a majority of its members decides
to withhold certain evidence in
order to protect a witness; but if such
evidence is withheld, the subcommittee
shall inform the respondent
that evidence is being withheld
and of the count to which such evidence
relates;
(2) neither the respondent nor his
counsel shall, directly or indirectly,
contact the subcommittee or any
member thereof during the period of
time set forth in paragraph (1) except
for the sole purpose of settlement
discussions where counsel for the respondent
and the subcommittee are
present;
(3) if, at any time after the
issuance of a statement of alleged
violation, the committee or any subcommittee
thereof determines that it
intends to use evidence not provided
to a respondent under paragraph (1)
to prove the charges contained in the
statement of alleged violation (or
any amendment thereof), such evidence
shall be made immediately
available to the respondent, and it
may be used in any further proceeding
under the rules of the committee;
(4) evidence provided pursuant to
paragraph (1) or (3) shall be made
available to the respondent and his
or her counsel only after each agrees,
in writing, that no document, information,
or other materials obtained
pursuant to that paragraph shall be
made public until—
(A) such time as a statement of
alleged violation is made public by
the committee if the respondent
has waived the adjudicatory hearing;
or
(B) the commencement of an adjudicatory
hearing if the respondent
has not waived an adjudicatory
hearing;
but the failure of respondent and his
counsel to so agree in writing, and
their consequent failure to receive
the evidence, shall not preclude the
issuance of a statement of alleged
violation at the end of the period referred
to in paragraph (1);
(5) a respondent shall receive written
notice whenever—
(A) the chairman and ranking minority
member determine that in formation the committee has received
constitutes a complaint;
(B) a complaint or allegation is
transmitted to an investigative
subcommittee;
(C) an investigative subcommittee
votes to authorize its
first subpoena or to take testimony
under oath, whichever occurs first;
or
(D) an investigative subcommittee
votes to expand the
scope of its investigation;
(6) whenever notification of the
committee’s decision either to dismiss
a complaint or to create an investigative
subcommittee is transmitted
to a respondent, such respondent
shall have seven calendar days
after receipt of such notification in
which to submit views in writing,
which shall be appended to the notification
and made part of the record;
(7) whenever notification of the
committee’s decision either to dismiss
a complaint or to create an investigative
subcommittee is transmitted
to a respondent and the notification
references the official conduct
of a Member other than the respondent,
the committee also shall
send the notification to such Member,
who shall have seven calendar
days after receipt of such notification
in which either to submit views
in writing (which shall be appended
to the notification and made part of
the record), or to request in writing
that the committee establish an adjudicatory
subcommittee as if the notification
constituted an adopted
statement of alleged violation (in
which case the committee shall establish
an adjudicatory subcommittee);
(8) whenever an investigative subcommittee
adopts a statement of alleged
violation and a respondent enters
into an agreement with that subcommittee
to settle a complaint on
which that statement is based, that
agreement, unless the respondent requests
otherwise, shall be in writing
and signed by the respondent and respondent’s
counsel, the chairman and
ranking minority member of the subcommittee,
and the outside counsel,
if any;
(9) statements or information derived
solely from a respondent or his
counsel during any settlement discussions
between the committee or a
subcommittee thereof and the respondent
shall not be included in any
report of the subcommittee or the
committee or otherwise publicly disclosed
without the consent of the respondent;
(10) whenever a motion to establish
an investigative subcommittee does
not prevail, the committee shall
promptly send a letter to the respondent
informing him of such vote;
(11) a respondent shall be informed
of the right to be represented by
counsel of his or her choice (even if
such counsel represents another respondent or a witness), to be provided
at his or her own expense; and
(12) a witness shall be afforded a
reasonable period of time, as determined
by the committee or subcommittee,
to prepare for an appearance
before an investigative subcommittee
or for an adjudicatory
hearing and to obtain counsel of his
or her choice (even if such counsel
represents a respondent or another
witness).
Committee reporting requirements
(q) The committee shall adopt rules
to provide that—
(1) Whenever an investigative subcommittee
does not adopt a statement
of alleged violation—
(A) it shall transmit a report to
that effect to the respondent, who
shall have seven calendar days
after receipt of such report to submit
views in writing, which shall be
appended to the report and made
part of the record;
(B) it shall thereafter transmit
the report (together with views received
under subparagraph (2), if
any) to the committee; and
(C) the committee may by an affirmative
vote of a majority of its
members transmit such report to
the House;
(2) whenever an investigative subcommittee
does not adopt a statement
of alleged violation and prepares
a report to that effect, and
such report alleges that a Member
(other than one who is the subject of
the statement of alleged violation)
has or may have violated the Code of
Official Conduct—
(A) the subcommittee shall transmit
a copy of the report to such
Member; and
(B) such Member shall have seven
calendar days after receipt of the
report (after which the report shall
be transmitted to the committee
and handled in the manner prescribed
in subparagraph (1)) to—
(i) submit views in writing,
which shall be appended to the
report and made part of the
record; or
(ii) request in writing that the
committee establish an adjudicatory
subcommittee as if the allegations
in the report constituted
an adopted statement of alleged
violation, in which case the committee
shall establish an adjudicatory
subcommittee;
(3) whenever an investigative subcommittee
adopts a statement of alleged
violation, the respondent admits
to the violations set forth in
such statement, the respondent
waives his or her right to an adjudicatory
hearing, and the respondent’s
waiver is approved by the
committee—
(A) the subcommittee shall prepare
a report for transmittal to the
committee, a final draft of which
shall be provided to the respondent
not less than 15 calendar days before
the subcommittee votes on
whether to adopt the report;
(B) the respondent may submit
views in writing regarding the final
draft to the subcommittee within
seven calendar days of receipt of
that draft;
(C) the subcommittee shall transmit
a report to the committee regarding
the statement of alleged
violation together with any views
submitted by the respondent pursuant
to subdivision (B), and the committee
shall make the report together
with the respondent’s views
available to the public before the
commencement of any sanction
hearing; and
(D) the committee shall by an affirmative
vote of a majority of its
members issue a report and transmit
such report to the House of
Representatives, together with the
respondent’s views previously submitted
pursuant to subdivision (B)
and any additional views respondent
may submit for attachment to
the final report; and
(4) members of the committee shall
have not less than 72 hours to review
any report transmitted to the committee
by an investigative subcommittee
before both the commencement
of a sanction hearing and
the committee vote on whether to
adopt the report.
Audio and visual coverage of committee proceedings
4.
(a) The purpose of this clause is to
provide a means, in conformity with
acceptable standards of dignity, propriety,
and decorum, by which committee
hearings or committee meetings
that are open to the public may be
covered by audio and visual means—
(1) for the education, enlightenment,
and information of the general
public, on the basis of accurate and
impartial news coverage, regarding
the operations, procedures, and practices
of the House as a legislative and
representative body, and regarding
the measures, public issues, and
other matters before the House and
its committees, the consideration
thereof, and the action taken thereon;
and
(2) for the development of the perspective
and understanding of the
general public with respect to the
role and function of the House under
the Constitution as an institution of
the Federal Government.
(b) In addition, it is the intent of this
clause that radio and television tapes
and television film of any coverage
under this clause may not be used, or
made available for use, as partisan political
campaign material to promote
or oppose the candidacy of any person
for elective public office.
(c) It is, further, the intent of this
clause that the general conduct of each
meeting (whether of a hearing or otherwise)
covered under authority of this
clause by audio or visual means, and
the personal behavior of the committee members and staff, other Government
officials and personnel, witnesses, television,
radio, and press media personnel,
and the general public at the
hearing or other meeting, shall be in
strict conformity with and observance
of the acceptable standards of dignity,
propriety, courtesy, and decorum traditionally
observed by the House in its
operations, and may not be such as to—
(1) distort the objects and purposes
of the hearing or other meeting or
the activities of committee members
in connection with that hearing or
meeting or in connection with the
general work of the committee or of
the House; or
(2) cast discredit or dishonor on the
House, the committee, or a Member,
Delegate, or Resident Commissioner
or bring the House, the committee,
or a Member, Delegate, or Resident
Commissioner into disrepute.
(d) The coverage of committee hearings
and meetings by audio and visual
means shall be permitted and conducted
only in strict conformity with
the purposes, provisions, and requirements
of this clause.
(e) Whenever a hearing or meeting
conducted by a committee or subcommittee
is open to the public, those
proceedings shall be open to coverage
by audio and visual means. A committee
or subcommittee chairman may
not limit the number of television or
still cameras to fewer than two representatives
from each medium (except
for legitimate space or safety considerations,
in which case pool coverage
shall be authorized).
(f) Each committee shall adopt written
rules to govern its implementation
of this clause. Such rules shall contain
provisions to the following effect:
(1) If audio or visual coverage of
the hearing or meeting is to be presented
to the public as live coverage,
that coverage shall be conducted and
presented without commercial sponsorship.
(2) The allocation among the television
media of the positions or the
number of television cameras permitted
by a committee or subcommittee
chairman in a hearing or
meeting room shall be in accordance
with fair and equitable procedures
devised by the Executive Committee
of the Radio and Television Correspondents’
Galleries.
(3) Television cameras shall be
placed so as not to obstruct in any
way the space between a witness giving
evidence or testimony and any
member of the committee or the visibility
of that witness and that member
to each other.
(4) Television cameras shall operate
from fixed positions but may not
be placed in positions that obstruct
unnecessarily the coverage of the
hearing or meeting by the other
media.
(5) Equipment necessary for coverage
by the television and radio
media may not be installed in, or removed
from, the hearing or meeting
room while the committee is in session.
(6)(A) Except as provided in subdivision
(B), floodlights, spotlights,
strobelights, and flashguns may not
be used in providing any method of
coverage of the hearing or meeting.
(B) The television media may install
additional lighting in a hearing
or meeting room, without cost to the
Government, in order to raise the
ambient lighting level in a hearing or
meeting room to the lowest level
necessary to provide adequate television
coverage of a hearing or meeting
at the current state of the art of
television coverage.
(7) In the allocation of the number
of still photographers permitted by a
committee or subcommittee chairman
in a hearing or meeting room,
preference shall be given to photographers
from Associated Press
Photos and United Press International
Newspictures. If requests
are made by more of the media than
will be permitted by a committee or
subcommittee chairman for coverage
of a hearing or meeting by still photography,
that coverage shall be permitted
on the basis of a fair and equitable
pool arrangement devised by
the Standing Committee of Press
Photographers.
(8) Photographers may not position
themselves between the witness table
and the members of the committee at
any time during the course of a hearing
or meeting.
(9) Photographers may not place
themselves in positions that obstruct
unnecessarily the coverage of the
hearing by the other media.
(10) Personnel providing coverage
by the television and radio media
shall be currently accredited to the
Radio and Television Correspondents’
Galleries.
(11) Personnel providing coverage
by still photography shall be currently
accredited to the Press Photographers’ Gallery.
(12) Personnel providing coverage
by the television and radio media and
by still photography shall conduct
themselves and their coverage activities
in an orderly and unobtrusive
manner.
Pay of witnesses
5. Witnesses appearing before the
House or any of its committees shall be
paid the same per diem rate as established,
authorized, and regulated by
the Committee on House Administration
for Members, Delegates, the Resident
Commissioner, and employees of
the House, plus actual expenses of travel
to or from the place of examination.
Such per diem may not be paid when a
witness has been summoned at the
place of examination.
Unfinished business of the session
6. All business of the House at the end of one session shall be resumed at the commencement of the next session of the same Congress in the same manner as if no adjournment had taken place.
| |
|