Rules of The House of Representatives of The United States
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— 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) 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) 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.
(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 chairman
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.
(6)(A) The committee shall offer annual ethics training to each Member, Delegate, Resident Commissioner, officer, and employee of the House. Such training shall— (i) involve the classes of employees for whom the committee determines such training to be appropriate; and (ii) include such knowledge of the Code of Official Conduct and related House rules as may be determined appropriate by the committee. (B)(i) A new officer or employee of the House shall receive training under this paragraph not later than 60 days after beginning service to the House. (ii) Not later than January 31 of each year, each officer and employee of the House shall file a certification with the committee that the officer or employee attended ethics training in the last year as established by this subparagraph.1
(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.
If a complaint is not disposed of within
the applicable periods set forth in the
rules of the Committee on Standards of
Official Conduct, the chairman and
ranking minority member shall establish
jointly an investigative subcommittee
and forward the complaint,
or any portion thereof, to that subcommittee
for its consideration. However,
if at any time during those periods
either the chairman or ranking minority
member places on the agenda
the issue of whether to establish an investigative
subcommittee, then an investigative
subcommittee may be established
only by an affirmative vote
of a majority of the members 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 Fifth 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; 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), then they shall establish an
investigative subcommittee and forward
the complaint, or any portion
thereof, to that subcommittee for its
consideration. However, if, at any time
during those periods, either the chairman
or ranking minority member
places on the agenda the issue of
whether to establish an investigative
subcommittee, then an investigative
subcommittee may be established only
by an affirmative vote of a majority of
the members of the committee.
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; orInvestigative and adjudicatory subcommittees
(2) recommend to the committee that it authorize the establishment of an investigative subcommittee.
(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
(p) The committee shall adopt rules to provide that—
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 information 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 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;
(7) 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; and
(8) 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.
Committee reporting requirements
(q) The committee shall adopt rules
to provide that—
whenever an investigative subcommittee
does not adopt a statement
of alleged violation and transmits
a report to that effect to the
committee, the committee may by
an affirmative vote of a majority of
its members transmit such report to
the House of Representatives;
(2) 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
(3) 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.
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Rule XV
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Rule XXVII
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