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COMMITTEE OVERSIGHT & INVESTIGATIONS:
A USER’S GUIDE TO RELEVANT HOUSE RULES
General Oversight Responsibilities (clause 2, Rule X) –
Requires each standing committee (except Appropriations) to review on a continuing basis the laws, programs and agencies under its jurisdiction to determine whether they should be continued, curtailed, or terminated.
Oversight Subcommittees (clause 2(b)(2), Rule X) –
Requires each committee having more than 20 members to establish a subcommittee on oversight, or require its subcommittees to conduct oversight of their respective jurisdictions, to assist in carrying out its responsibilities under this clause. The establishment of an oversight subcommittee does not limit the responsibility of a subcommittee with legislative jurisdiction in carrying out its oversight duties.
Submission of Committee Oversight Plan (clause 2(d)(1), Rule X) –
Each standing committee shall, no later than February 15th of the first session of a Congress, in a meeting that is open to the public and with a quorum present, adopt its oversight plan for that Congress. Such plan shall be submitted simultaneously to the Committee on Oversight and Government Reform, and the Committee on House Administration.
Special Oversight Functions (clause 3, Rule X) –
Special oversight functions are assigned to the Committees on Appropriations, Armed Services, Budget, Education and Labor, Energy and Commerce, Government Reform, International Relations, Resources, Rules, Science, and Small Business. Additional
Functions of Committees (clause 4, Rule X) –
Additional review requirements for the Committees on Appropriations, Budget, Oversight and Government Reform, and House Administration (clauses 4(a)-(d)); Budget Act responsibilities for all standing committees (clause 4(f)); each standing committee should review from time to time those programs within its jurisdiction for which appropriations are not made annually (clause 4(e)(2)).
Committee Staff Rights (clause 9(g), Rule X) –
Each statutory and investigative staff member shall be accorded equitable treatment with respect to the fixing of the rate of pay, the assignment of work facilities, and the accessibility of committee records.
Investigative Authority (clause 1(b), Rule XI) –
Each 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 Rule X.
Committee Activity Reports (clause 1(d), Rule XI) –
Each committee shall submit to the House not later than January 2nd of each odd-numbered year a report on its legislative and oversight activities under Rule X. Any Member of the committee may exercise their right to file views.
Committee Meetings (clause 2(b) and (c), Rule XI) –
Committees must establish a regular meeting day (at least once a month); the chairman may call additional meetings; three or more members of a committee may file a written request for a special meeting and if the chairman does not call the meeting within 3 calendar days to be held within 7 calendar days, a majority of the committee members may file written notice that the special meeting will be called.
Committee Records (clause 2(e), Rule XI) –
Committees shall keep complete records and files; all committee hearings, records, data, charts and files shall be kept separate from the chairman's congressional office files. These records are considered the property of the House, and each Member, Delegate, and the Resident Commissioner shall have access to them, with the exception of the records of the Committee on Standards of Official Conduct.
Open Meetings and Hearings (clause 2(g), Rule XI) –
Committee meetings, with the exception of the Committee on Standards of Official Conduct, shall be open unless a majority votes (by record vote) to close a meeting (a majority being present); hearings shall be open unless a majority votes (by record vote) to close them for certain specified reasons, including national security or personal privacy reasons. No House Member, Delegate, or Resident Commissioner may be excluded from nonparticipatory attendance at any committee or subcommittee hearing, with the exception of the Committee on Standards of Official Conduct. Committee hearings must be publicly announced at least one week in advance unless the committee determines that there is "good cause," or the chairman and ranking member agree to begin a hearing sooner; and witnesses should be required to present advance copies of their written statements.
Committee Quorums (clause 2(h), Rule XI) –
Each committee may fix the quorum for taking testimony which shall not be less than two, and may fix a quorum at one-third of the members for taking any other action other than reporting measures. Exceptions to this rule are the Committees on Appropriations, Budget, and Ways and Means.
Minority Right to Call Witnesses (clause 2(j), Rule XI) –
Whenever a hearing is conducted on any measure or matter the Minority shall, upon the written request of a majority of the Minority members before the completion of the hearing, be entitled to call witnesses selected by the Minority during at least one day of hearing on the measure or matter.
Hearing Procedures (clause 2(k), Rule XI) –
This clause enumerates the duties of the chairman and rights of witnesses in connection with hearings, including procedures for taking potentially defamatory testimony in executive session. No evidence taken in executive session may be released or used in public session without a vote of the committee, a majority being present.
Committee Reports (clause 2(l), Rule XI and clause 3, Rule XIII) –
These clauses outline the certain matters that must be contained in committee reports. Members also have a minimum of two calendar days in which to file supplemental, minority, or additional views on any measure or matter, which must be included in the committee report.
Power to Sit and Act; Subpoena Power (clause 2(m), Rule XI) –
Committees are authorized to sit and act at any time in carrying out their functions under Rule X, and to require testimony or materials by subpoena or otherwise. A subpoena may be authorized and issued by a committee or subcommittee in the conduct of any investigation or series of investigations only when authorized by the committee or subcommittee, a majority being present. The power to authorize and issue subpoenas may be delegated to the chairman of the full committee pursuant to such rules and limitations as the committee may prescribe. Compliance with subpoenas may be enforced only as authorized or directed by the House. A majority vote of the full committee is necessary to issue a subpoena in the Committee on Standards and Official Conduct.
Investigative Authority of the Committee on Standards (clause 3, Rule XI) –
This clause outlines the investigative authorities of the Committee on Standards of Official Conduct with respect to the official conduct of Members, Delegates, the Resident Commissioner, and officers or employees of the House.
Audio and Visual Coverage of Committee Proceedings (clause 4(e), Rule XI) –
Whenever a committee meeting or hearing is open to the public, it must also be open to coverage by radio, television, and still photography.
Resolutions of Inquiry (clause 7, Rule XIII) –
All resolutions of inquiry addressed to the heads of executive departments shall be reported to the House within 14 legislative days after introduction. Resolutions of inquiry are simple House resolutions directing agency heads (or requesting the President) to produce certain factual information (not investigation, advice, or opinion).
