[House Prints, 110th Congress]
[From the U.S. Government Publishing Office]
110th Congress 1st
Session HOUSE OF REPRESENTATIVES
_______________________________________________________________________
RULES
of the
COMMITTEE ON OVERSIGHT
AND GOVERNMENT REFORM
HOUSE OF REPRESENTATIVES
together with
SELECTED RULES OF THE
HOUSE OF REPRESENTATIVES
(Including Clause 2 of House Rule XI)
and
SELECTED STATUTES OF INTEREST
[GRAPHIC] [TIFF OMITTED] CONGRESS.#13
FEBRUARY 2007
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COMMITTEE ON OVERSISGHT AND GOVERNMENT REFORM
HENRY A. WAXMAN, California, Chairman
TOM LANTOS, California TOM DAVIS, Virginia
EDOLPHUS TOWNS, New York DAN BURTON, Indiana
PAUL E. KANJORSKI, Pennsylvania CHRISTOPHER SHAYS, Connecticut
CAROLYN B. MALONEY, New York JOHN M. McHUGH, New York
ELIJAH E. CUMMINGS, Maryland JOHN L. MICA, Florida
DENNIS J. KUCINICH, Ohio MARK E. SOUDER, Indiana
DANNY K. DAVIS, Illinois TODD RUSSELL PLATTS, Pennsylvania
JOHN F. TIERNEY, Massachusetts CHRIS CANNON, Utah
WM. LACY CLAY, Missouri JOHN J. DUNCAN, Jr., Tennessee
DIANE E. WATSON, California MICHAEL R. TURNER, Ohio
STEPHEN F. LYNCH, Massachusetts DARRELL E. ISSA, California
BRIAN HIGGINS, New York KENNY MARCHANT, Texas
JOHN A. YARMUTH, Kentucky LYNN A. WESTMORELAND, Georgia
BRUCE L. BRALEY, Iowa PATRICK T. McHENRY, North Carolina
ELEANOR HOLMES NORTON, District of VIRGINIA FOXX, North Carolina
Columbia BRIAN P. BILBRAY, California
BETTY McCOLLUM, Minnesota BILL SALI, Idaho
JIM COOPER, Tennessee ------ ------
CHRIS VAN HOLLEN, Maryland
PAUL W. HODES, New Hampshire
CHRISTOPHER S. MURPHY, Connecticut
JOHN P. SARBANES, Maryland
PETER WELCH, Vermont
Phil Schiliro, Chief of Staff
Phil Barnett, Staff Director/Chief Counsel
Earley Green, Chief Clerk
David Marin, Minority Staff Director
(ii)
C O N T E N T S
__________
Page
I. Rules of the Committee on Government Reform.......................1
II. Selected Rules of the House of Representatives...................11
A. 1. Powers and duties of the committee--Rule X of the
House................................................ 11
2. General oversight responsibilities--Rule X, Clause
2 of the House..................................... 13
3. Additional functions of committees--Rule X, Clause
4 of the House..................................... 15
B. Procedures of committees and unfinished business--Rule
XI of the House...................................... 23
C. Filing and printing of reports--Rule XIII of the House 35
III.Selected matters of interest.....................................39
A. 2 U.S.C. sec. 191. Oaths to witnesses................. 39
B. 2 U.S.C. sec. 192. Refusal of witness to testify or
produce papers....................................... 39
C. 2 U.S.C. sec. 193. Privilege of witnesses............. 39
D. 2 U.S.C. sec. 194. Certification of failure to testify
or produce; grand jury action........................ 39
E. 5 U.S.C. sec. 2954. Information to committees of
Congress on request.................................. 40
F. 18 U.S.C. sec. 1505. Obstruction of proceedings before
departments, agencies, and committees................ 40
G. 18 U.S.C. sec. 6005. Congressional proceedings........ 40
H. 31 U.S.C. sec. 712. Investigating the use of public
money................................................ 41
I. 31 U.S.C. sec. 717. Evaluating programs and activities
of the United States Government...................... 41
J. 31 U.S.C. sec. 719. Comptroller General reports....... 42
K. 31 U.S.C. sec. 1113. Congressional information........ 42
(iii)
I. RULES OF THE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM
U.S. House of Representatives
110th Congress
----------
Rule XI, clause 1(a)(1)(A) of the House of Representatives
provides:
The Rules of the House are the rules of its
committees and subcommittees so far as applicable.
Rule XI, clause 2(a)(1) of the House of Representatives
provides, in part:
Each standing committee shall adopt written rules
governing its procedure. * * *
In accordance with this, the Committee on Oversight and
Government Reform, on January 18, 2007, adopted the rules of
the committee:
Rule 1.--Application of Rules
Except where the terms ``full committee'' and
``subcommittee'' are specifically referred to, the following
rules shall apply to the Committee on Oversight and Government
Reform and its subcommittees as well as to the respective
chairs.
[See House Rule XI, 1.]
Rule 2.--Meetings
The regular meetings of the full committee shall be held on
the second Thursday of each month at 10 a.m., when the House is
in session. The chairman is authorized to dispense with a
regular meeting or to change the date thereof, and to call and
convene additional meetings, when circumstances warrant. A
special meeting of the committee may be requested by members of
the committee following the provisions of House Rule XI, clause
2(c)(2). Subcommittees shall meet at the call of the
subcommittee chairs. Every member of the committee or the
appropriate subcommittee, unless prevented by unusual
circumstances, shall be provided with a memorandum at least
three calendar days before each meeting or hearing explaining
(1) the purpose of the meeting or hearing; and (2) the names,
titles, background and reasons for appearance of any witnesses.
The ranking minority member shall be responsible for providing
the same information on witnesses whom the minority may
request.
[See House Rule XI, 2 (b) and (c).]
Rule 3.--Quorums
(a) A majority of the members of the committee shall form a
quorum, except that two members shall constitute a quorum for
taking testimony and receiving evidence, and one-third of the
members shall form a quorum for taking any action other than
for which the presence of a majority of the committee is
otherwise required. If the chairman is not present at any
meeting of the committee or subcommittee, the ranking member of
the majority party on the committee or subcommittee who is
present shall preside at that meeting.
(b) The chairman of the committee may, at the request of a
subcommittee chair, make a temporary assignment of any member
of the committee to such subcommittee for the purpose of
constituting a quorum at and participating in any public
hearing by such subcommittee to be held outside of Washington,
DC. Members appointed to such temporary positions shall not be
voting members. The chairman shall give reasonable notice of
such temporary assignment to the ranking members of the
committee and subcommittee.
[See House Rule XI, 2(h).]
Rule 4.--Committee Reports
Bills and resolutions approved by the committee shall be
reported by the chairman following House Rule XIII, clauses 2-
4.
A proposed report shall not be considered in subcommittee
or full committee unless the proposed report has been available
to the members of such subcommittee or full committee for at
least three calendar days (excluding Saturdays, Sundays, and
legal holidays, unless the House is in session on such days)
before consideration of such proposed report in subcommittee or
full committee. Any report will be considered as read if
available to the members at least 24 hours before
consideration, excluding Saturdays, Sundays, and legal holidays
unless the House is in session on such days. If hearings have
been held on the matter reported upon, every reasonable effort
shall be made to have such hearings printed and available to
the members of the subcommittee or full committee before the
consideration of the proposed report in such subcommittee or
full committee. Every investigative report shall be approved by
a majority vote of the committee at a meeting at which a quorum
is present.
Supplemental, minority, or additional views may be filed
following House Rule XI, clause 2(l) and Rule XIII, clause
3(a)(1). The time allowed for filing such views shall be three
calendar days, beginning on the day of notice, but excluding
Saturdays, Sundays, and legal holidays (unless the House is in
session on such a day), unless the committee agrees to a
different time, but agreement on a shorter time shall require
the concurrence of each member seeking to file such views.
An investigative or oversight report may be filed after
sine die adjournment of the last regular session of Congress,
provided that if a member gives timely notice of intention to
file supplemental, minority or additional views, that member
shall be entitled to not less than seven calendar days in which
to submit such views for inclusion with the report.
Only those reports approved by a majority vote of the
committee may be ordered printed, unless otherwise required by
the Rules of the House of Representatives.
Rule 5.--Proxy Votes
In accordance with the Rules of the House of
Representatives, members may not vote by proxy on any measure
or matter before the committee or any subcommittee.
[See House Rule XI, 2(f).]
Rule 6.--Record Votes
A record vote of the members may be had upon the request of
any member upon approval of a one-fifth vote of the members
present.
Rule 7.--Record of Committee Actions
The committee staff shall maintain in the committee offices
a complete record of committee actions from the current
Congress including a record of the rollcall votes taken at
committee business meetings. The original records, or true
copies thereof, as appropriate, shall be available for public
inspection whenever the committee offices are open for public
business. The staff shall assure that such original records are
preserved with no unauthorized alteration, additions, or
defacement.
[See House Rule XI, 2(e).]
Rule 8.--Subcommittees; Referrals
(a) There shall be five standing subcommittees with
appropriate party ratios. The chairman shall assign members to
subcommittees. Minority party assignments shall be made only
with the concurrence of the ranking minority member. The
subcommittees shall have the following fixed jurisdictions:
(1) The Subcommittee on Domestic Policy--Oversight
jurisdiction over domestic policies, including matters
relating to energy, labor, education, criminal justice,
and the economy. The subcommittee also has legislative
jurisdiction over the Office of National Drug Control
Policy;
(2) The Subcommittee on Federal Workforce, Postal
Service, and the District of Columbia--Federal employee
issues, the municipal affairs (other than
appropriations) of the District of Columbia, and the
Postal Service. The subcommittee's jurisdiction
includes postal namings, holidays, and celebrations;
(3) The Subcommittee on Government Management,
Organization, and Procurement--The management of
government operations, reorganizations of the executive
branch, and Federal procurement;
(4) The Subcommittee on Information Policy, Census,
and National Archives--Public information and records
laws such as the Freedom of Information Act, the
Presidential Records Act, and the Federal Advisory
Committee Act, the Census Bureau, and the National
Archives and Records Administration; and
(5) The Subcommittee on National Security and Foreign
Affairs--Oversight jurisdiction over national security,
homeland security, and foreign affairs.
(b) Bills, resolutions, and other matters shall be
expeditiously referred by the chairman to subcommittees for
consideration or investigation in accordance with their fixed
jurisdictions. Where the subject matter of the referral
involves the jurisdiction of more than one subcommittee or does
not fall within any previously assigned jurisdiction, the
chairman shall refer the matter as he may deem advisable.
Bills, resolutions, and other matters referred to subcommittees
may be reassigned by the chairman when, in his judgment, the
subcommittee is not able to complete its work or cannot reach
agreement therein. In a subcommittee having an even number of
members, if there is a tie vote with all members voting on any
measure, the measure shall be placed on the agenda for full
committee consideration as if it had been ordered reported by
the subcommittee without recommendation. This provision shall
not preclude further action on the measure by the subcommittee.
Rule 9.--Ex Officio Members
The chairman and the ranking minority member of the
committee shall be ex officio members of all subcommittees.
They are authorized to vote on subcommittee matters; but,
unless they are regular members of the subcommittee, they shall
not be counted in determining a subcommittee quorum other than
a quorum for taking testimony.
Rule 10.--Staff
Except as otherwise provided by House Rule X, clauses 6, 7
and 9, the chairman of the full committee shall have the
authority to hire and discharge employees of the professional
and clerical staff of the full committee and of subcommittees.
Rule 11.--Staff Direction
Except as otherwise provided by House Rule X, clauses 6, 7
and 9, the staff of the committee shall be subject to the
direction of the chairman of the full committee and shall
perform such duties as he may assign.
Rule 12.--Hearing Dates and Witnesses
(a) Each subcommittee of the committee is authorized to
meet, hold hearings, receive testimony, mark up legislation,
and report to the full committee on any measure or matter
referred to it.
(b) No subcommittee of the committee may meet or hold a
hearing at the same time as a meeting or hearing of the
committee.
(c) The chair of each subcommittee shall set hearing and
meeting dates only with the approval of the chairman with a
view toward assuring the availability of meeting rooms and
avoiding simultaneous scheduling of committee and subcommittee
meetings or hearings.
(d) Each subcommittee chair shall notify the chairman of
any hearing plans at least two weeks before the date of
commencement of hearings, including the date, place, subject
matter, and the names of witnesses, willing and unwilling, who
would be called to testify, including, to the extent the chair
is advised thereof, witnesses whom the minority members may
request.
(e) Witnesses appearing before the committee shall, so far
as practicable, submit written statements at least 24 hours
before their appearance and, when appearing in a non-
governmental capacity, provide a curriculum vitae and a listing
of any Federal Government grants and contracts received in the
previous fiscal year.
[See House Rules XI, 2 (g)(3), (g)(4), (j) and (k).]
Rule 13.--Open Meetings
Meetings for the transaction of business and hearings of
the committee shall be open to the public or closed in
accordance with Rule XI of the House of Representatives.
[See House Rules XI, 2 (g) and (k).]
Rule 14.--Five-Minute Rule
(a) A committee member may question a witness only when
recognized by the chairman for that purpose. In accordance with
House Rule XI, clause 2(j)(2), each committee member may
request up to five minutes to question a witness until each
member who so desires has had such opportunity. Until all such
requests have been satisfied, the chairman shall, so far as
practicable, recognize alternately based on seniority of those
majority and minority members present at the time the hearing
was called to order and others based on their arrival at the
hearing. After that, additional time may be extended at the
direction of the chairman.
(b) The chairman, with the concurrence of the ranking
minority member, or the committee by motion, may permit an
equal number of majority and minority members to question a
witness for a specified, total period that is equal for each
side and not longer than thirty minutes for each side.
(c) The chairman, with the concurrence of the ranking
minority member, or the committee by motion, may permit
committee staff of the majority and minority to question a
witness for a specified, total period that is equal for each
side and not longer than thirty minutes for each side.
(d) Nothing in paragraph (b) or (c) affects the rights of a
Member (other than a Member designated under paragraph (b)) to
question a witness for 5 minutes in accordance with paragraph
(a) after the questioning permitted under paragraph (b) or (c).
In any extended questioning permitted under paragraph (b) or
(c), the chairman shall determine how to allocate the time
permitted for extended questioning by majority members or
majority committee staff and the ranking minority member shall
determine how to allocate the time permitted for extended
questioning by minority members or minority committee staff.
The chairman or the ranking minority member, as applicable, may
allocate the time for any extended questioning permitted to
staff under paragraph (c) to members.
Rule 15.--Investigative Hearing Procedures
Investigative hearings shall be conducted according to the
procedures in House Rule XI, clause 2(k). All questions put to
witnesses before the committee shall be relevant to the subject
matter before the committee for consideration, and the chairman
shall rule on the relevance of any questions put to the
witnesses.
Rule 16.--Stenographic Record
A stenographic record of all testimony shall be kept of
public hearings and shall be made available on such conditions
as the chairman may prescribe.
Rule 17.--Audio and Visual Coverage of Committee Proceedings
(a) An open meeting or hearing of the committee or a
subcommittee may be covered, in whole or in part, by television
broadcast, radio broadcast, Internet broadcast, and still
photography, unless closed subject to the provisions of House
Rule XI, clause 2(g). Any such coverage shall conform with the
provisions of House Rule XI, clause 4.
(b) Use of the Committee Broadcast System shall be fair and
nonpartisan, and in accordance with House Rule XI, clause 4(b),
and all other applicable rules of the House of Representatives
and the Committee on Oversight and Government Reform. Members
of the committee shall have prompt access to a copy of coverage
by the Committee Broadcast System, to the extent that such
coverage is maintained.
(c) Personnel providing coverage of an open meeting or
hearing of the committee or a subcommittee by Internet
broadcast, other than through the Committee Broadcast System,
shall be currently accredited to the Radio and Television
Correspondents' Galleries.
Rule 18.--Committee Web site
The chairman shall maintain an official committee Web site
for the purpose of furthering the committee's legislative and
oversight responsibilities, including communicating information
about the committee's activities to committee members and other
members of the House. The ranking minority member may maintain
an official Web site for the purpose of carrying out official
responsibilities including but not limited to communicating
information about the activities of the minority to committee
members and other members of the House.
Rule 19.--Additional Duties and Authorities of Chairman
The chairman of the full committee shall:
(a) Make available to other committees the findings
and recommendations resulting from the investigations
of the committee or its subcommittees as required by
House Rule X, clause 4(c)(2);
(b) Direct such review and studies on the impact or
probable impact of tax policies affecting subjects
within the committee's jurisdiction as required by
House Rule X, clause 2(c);
(c) Submit to the Committee on the Budget views and
estimates required by House Rule X, clause 4(f), and to
file reports with the House as required by the
Congressional Budget Act;
(d) Authorize and issue subpoenas as provided in
House Rule XI, clause 2(m), in the conduct of any
investigation or activity or series of investigations
or activities within the jurisdiction of the committee;
(e) Prepare, after consultation with subcommittee
chairs and the minority, a budget for the committee
which shall include an adequate budget for the
subcommittees to discharge their responsibilities;
(f) Make any necessary technical and conforming
changes to legislation reported by the committee upon
unanimous consent; and
(g) The chairman is directed to offer a motion under
clause 1 of Rule XXII of the Rules of the House
whenever the chairman considers it appropriate.
Rule 20.--Subjects of Stamps
The committee has adopted the policy that the determination
of the subject matter of commemorative stamps and new semi-
postal issues is properly for consideration by the Postmaster
General and that the committee will not give consideration to
legislative proposals specifying the subject matter of
commemorative stamps and new semi-postal issues. It is
suggested that recommendations for the subject matter of stamps
be submitted to the Postmaster General.
Rule 21.--Panels and Task Forces
(a) The chairman of the committee is authorized to appoint
panels or task forces to carry out the duties and functions of
the committee.
(b) The chairman and ranking minority member of the
committee may serve as ex-officio members of each panel or task
force.
(c) The chairman of any panel or task force shall be
appointed by the chairman of the committee. The ranking
minority member shall select a ranking minority member for each
panel or task force.
(d) The House and committee rules applicable to
subcommittee meetings, hearings, recommendations and reports
shall apply to the meetings, hearings, recommendations and
reports of panels and task forces.
(e) No panel or task force so appointed shall continue in
existence for more than six months. A panel or task force so
appointed may, upon the expiration of six months, be
reappointed by the chairman.
Rule 22.--Deposition Authority
The chairman, upon consultation with the ranking minority
member, may order the taking of depositions, under oath and
pursuant to notice or subpoena.
Notices for the taking of depositions shall specify the
date, time, and place of examination. Depositions shall be
taken under oath administered by a member or a person otherwise
authorized to administer oaths.
Consultation with the ranking minority member shall include
three business days written notice before any deposition is
taken. All members shall also receive three business days
written notice that a deposition has been scheduled.
Witnesses may be accompanied at a deposition by counsel to
advise them of their rights. No one may be present at
depositions except members, committee staff designated by the
chairman or ranking minority member, an official reporter, the
witness, and the witness's counsel. Observers or counsel for
other persons, or for agencies under investigation, may not
attend.
A deposition shall be conducted by any member or staff
attorney designated by the chairman or ranking minority member.
When depositions are conducted by committee staff attorneys,
there shall be no more than two committee staff attorneys
permitted to question a witness per round. One of the committee
staff attorneys shall be designated by the chairman and the
other by the ranking minority member. Other committee staff
members designated by the chairman or ranking minority member
may attend, but may not pose questions to the witness.
Questions in the deposition shall be propounded in rounds,
alternating between the majority and minority. A single round
shall not exceed 60 minutes per side, unless the members or
staff attorneys conducting the deposition agree to a different
length of questioning. In each round, a member or committee
staff attorney designated by the chairman shall ask questions
first, and the member or committee staff attorney designated by
the ranking minority member shall ask questions second.
The chairman may rule on any objections raised during a
deposition. If a member of the committee appeals in writing the
ruling of the chairman, the appeal shall be preserved for
committee consideration. A witness that refuses to answer a
question after being directed to answer by the chairman may be
subject to sanction, except that no sanctions may be imposed if
the ruling of the chairman is reversed on appeal.
Committee staff shall ensure that the testimony is either
transcribed or electronically recorded or both. If a witness's
testimony is transcribed, the witness or the witness's counsel
shall be afforded an opportunity to review a copy. No later
than five days thereafter, the witness may submit suggested
changes to the chairman. Committee staff may make any
typographical and technical changes requested by the witness.
Substantive changes, modifications, clarifications, or
amendments to the deposition transcript submitted by the
witness must be accompanied by a letter signed by the witness
requesting the changes and a statement of the witness's reasons
for each proposed change. Any substantive changes,
modifications, clarifications, or amendments shall be included
as an appendix to the transcript conditioned upon the witness
signing the transcript.
The individual administering the oath, if other than a
member, shall certify on the transcript that the witness was
duly sworn. The transcriber shall certify that the transcript
is a true record of the testimony, and the transcript shall be
filed, together with any electronic recording, with the clerk
of the committee in Washington, DC. Depositions shall be
considered to have been taken in Washington, DC, as well as the
location actually taken once filed there with the clerk of the
committee for the committee's use. The chairman and the ranking
minority member shall be provided with a copy of the
transcripts of the deposition at the same time.
The chairman and ranking minority member shall consult
regarding the release of depositions. If either objects in
writing to a proposed release of a deposition or a portion
thereof, the matter shall be promptly referred to the committee
for resolution.
A witness shall not be required to testify unless the
witness has been provided with a copy of the committee's rules.
II. SELECTED RULES OF THE HOUSE OF REPRESENTATIVES
----------
A. 1. Powers and Duties of the Committee--Rule X of the House
House Rule X provides for the organization of standing
committees. The first paragraph of clause 1 of Rule X and
subdivision (m) thereof reads as follows:
Organization of Committees
Committees and their legislative jurisdictions
1. There shall be in the House the following standing
committees, each of which shall have the jurisdiction and
related functions assigned by this clause and clauses 2, 3, and
4. All bills, resolutions, and other matters relating to
subjects within the jurisdiction of the standing committees
listed in this clause shall be referred to those committees, in
accordance with clause 2 of rule XII, as follows:
* * * * *
(m) Committee on Oversight and Government Reform.
(1) Federal civil service, including
intergovernmental personnel; and the status of officers
and employees of the United States, including their
compensation, classification, and retirement.
(2) Municipal affairs of the District of Columbia in
general (other than appropriations).
(3) Federal paperwork reduction.
(4) Government management and accounting measures
generally.
(5) Holidays and celebrations.
(6) Overall economy, efficiency, and management of
government operations and activities, including Federal
procurement.
(7) National archives.
(8) Population and demography generally, including
the Census.
(9) Postal service generally, including
transportation of the mails.
(10) Public information and records.
(11) Relationship of the Federal Government to the
States and municipalities generally.
(12) Reorganizations in the executive branch of the
Government.
2. General Oversight Responsibilities--Rule X, Clauses 2 and 3 of the
House
Clause 2 of Rule X relates to general oversight
responsibilities. Paragraphs (a), (b), (c), (d), and (e) of
clause 2 read as follows:
2. (a) The various standing committees shall have general
oversight responsibilities as provided in paragraph (b) in
order to assist the House in--
(1) its analysis, appraisal, and evaluation of--
(A) the application, administration,
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execution, and effectiveness of Federal laws;
and
(B) conditions and circumstances that may
indicate the necessity or desirability of
enacting new or additional legislation; and
(2) its formulation, consideration, and enactment of
changes in Federal laws, and of such additional
legislation as may be necessary or appropriate.
(b)(1) In order to determine whether laws and programs
addressing subjects within the jurisdiction of a committee are
being implemented and carried out in accordance with the intent
of Congress and whether they should be continued, curtailed, or
eliminated, each standing committee (other than the Committee
on Appropriations) shall review and study on a continuing
basis--
(A) the application, administration, execution, and
effectiveness of laws and programs addressing subjects
within its jurisdiction;
(B) the organization and operation of Federal
agencies and entities having responsibilities for the
administration and execution of laws and programs
addressing subjects within its jurisdiction;
(C) any conditions or circumstances that may indicate
the necessity or desirability of enacting new or
additional legislation addressing subjects within its
jurisdiction (whether or not a bill or resolution has
been introduced with respect thereto); and
(D) future research and forecasting on subjects
within its jurisdiction.
(2) Each committee to which subparagraph (1) applies having
more than 20 members shall establish an oversight subcommittee,
or require its subcommittees to conduct oversight in 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 responsibilities.
(c) Each standing committee shall review and study on a
continuing basis the impact or probable impact of tax policies
affecting subjects within its jurisdiction as described in
clauses 1 and 3.
(d)(1) Not later than February 15 of the first session of a
Congress, each standing committee shall, 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 to the Committee on House Administration. In
developing its plan each committee shall, to the maximum extent
feasible--
(A) consult with other committees that have
jurisdiction over the same or related laws, programs,
or agencies within its jurisdiction with the objective
of ensuring maximum coordination and cooperation among
committees when conducting reviews of such laws,
programs, or agencies and include in its plan an
explanation of steps that have been or will be taken to
ensure such coordination and cooperation;
(B) review specific problems with Federal rules,
regulations, statutes, and court decisions that are
ambiguous, arbitrary, or nonsensical, or that impose
severe financial burdens on individuals;
(C) give priority consideration to including in its
plan the review of those laws, programs, or agencies
operating under permanent budget authority or permanent
statutory authority;
(D) have a view toward ensuring that all significant
laws, programs, or agencies within its jurisdiction are
subject to review every 10 years; and
(E) have a view toward insuring against duplication
of Federal programs.
(2) Not later than March 31 in the first session of a
Congress, after consultation with the Speaker, the Majority
Leader, and the Minority Leader, the Committee on Oversight and
Government Reform shall report to the House the oversight plans
submitted by committees together with any recommendations that
it, or the House leadership group described above, may make to
ensure the most effective coordination of oversight plans and
otherwise to achieve the objectives of this clause.
(e) The Speaker, with the approval of the House, may
appoint special ad hoc oversight committees for the purpose of
reviewing specific matters within the jurisdiction of two or
more standing committees.
Special oversight functions
Clause 3 of Rule X also relates to oversight functions.
Paragraph (i) reads as follows:
* * * * *
(i) The Committee on Oversight and Government Reform shall
review and study on a continuing basis the operation of
Government activities at all levels with a view to determining
their economy and efficiency.
3. Additional Functions of Committees--Rule X, Clauses 4, 6, 7, 8 and 9
of the House
Clause 4 of Rule X relates to additional functions of
committees and committee budgets. Paragraphs (a)(2), (c) and
(f) of clause 4 and clauses 6, 7, 8 and 9 read as follows:
4. (a)
* * * * *
(2) Pursuant to section 401(b)(2) of the Congressional
Budget Act of 1974, when a committee reports a bill or joint
resolution that provides new entitlement authority as defined
in section 3(9) of that Act, and enactment of the bill or joint
resolution, as reported, would cause a breach of the
committee's pertinent allocation of new budget authority under
section 302(a) of that Act, the bill or joint resolution may be
referred to the Committee on Appropriations with instructions
to report it with recommendations (which may include an
amendment limiting the total amount of new entitlement
authority provided in the bill or joint resolution). If the
Committee on Appropriations fails to report a bill or joint
resolution so referred within 15 calendar days (not counting
any day on which the House is not in session), the committee
automatically shall be discharged from consideration of the
bill or joint resolution, and the bill or joint resolution
shall be placed on the appropriate calendar.
* * * * *
(c)(1) The Committee on Oversight and Government Reform
shall--
(A) receive and examine reports of the Comptroller
General of the United States and submit to the House
such recommendations as it considers necessary or
desirable in connection with the subject matter of the
reports;
(B) evaluate the effects of laws enacted to
reorganize the legislative and executive branches of
the Government; and
(C) study intergovernmental relationships between the
United States and the States and municipalities and
between the United States and international
organizations of which the United States is a member.
(2) In addition to its duties under subparagraph (1), the
Committee on Oversight and Government Reform may at any time
conduct investigations of any matter without regard to clause
1, 2, 3, or this clause conferring jurisdiction over the matter
to another standing committee. The findings and recommendations
of the committee in such an investigation shall be made
available to any other standing committee having jurisdiction
over the matter involved.
(3)(A) The Committee on Oversight and Government Reform may
adopt a rule authorizing and regulating the taking of
depositions by a member or counsel of the committee, including
pursuant to subpoena under clause 2(m) of rule XI (which hereby
is made applicable for such purpose).
(B) A rule adopted by the committee pursuant to this
subparagraph--
(i) may provide that a deponent be directed
to subscribe an oath or affirmation before a
person authorized by law to administer the
same; and
(ii) shall ensure that the minority members
and staff of the committee are accorded
equitable treatment with respect to notice of
and a reasonable opportunity to participate in
any proceeding conducted thereunder.
(C) Information secured pursuant to the authority
described in subdivision (A) shall retain the character
of discovery until offered for admission in evidence
before the committee, at which time any proper
objection shall be timely.
* * * * *
Budget Act responsibilities
(f)(1) Each standing committee shall submit to the
Committee on the Budget not later than six weeks after the
President submits his budget, or at such time as the Committee
on the Budget may request--
(A) its views and estimates with respect to all
matters to be set forth in the concurrent resolution on
the budget for the ensuing fiscal year that are within
its jurisdiction or functions; and
(B) an estimate of the total amounts of new budget
authority, and budget outlays resulting therefrom, to
be provided or authorized in all bills and resolutions
within its jurisdiction that it intends to be effective
during that fiscal year.
(2) The views and estimates submitted by the Committee on
Ways and Means under subparagraph (1) shall include a specific
recommendation, made after holding public hearings, as to the
appropriate level of the public debt that should be set forth
in the concurrent resolution on the budget.
Expense resolutions
6. (a) Whenever a committee, commission, or other entity
(other than the Committee on Appropriations) is granted
authorization for the payment of its expenses (including staff
salaries) for a Congress, such authorization initially shall be
procured by one primary expense resolution reported by the
Committee on House Administration. A primary expense resolution
may include a reserve fund for unanticipated expenses of
committees. An amount from such a reserve fund may be allocated
to a committee only by the approval of the Committee on House
Administration. A primary expense resolution reported to the
House may not be considered in the House unless a printed
report thereon was available on the previous calendar day. For
the information of the House, such report shall--
(1) state the total amount of the funds to be
provided to the committee, commission, or other entity
under the primary expense resolution for all
anticipated activities and programs of the committee,
commission, or other entity; and
(2) to the extent practicable, contain such general
statements regarding the estimated foreseeable
expenditures for the respective anticipated activities
and programs of the committee, commission, or other
entity as may be appropriate to provide the House with
basic estimates of the expenditures contemplated by the
primary expense resolution.
(b) After the date of adoption by the House of a primary
expense resolution for a committee, commission, or other entity
for a Congress, authorization for the payment of additional
expenses (including staff salaries) in that Congress may be
procured by one or more supplemental expense resolutions
reported by the Committee on House Administration, as
necessary. A supplemental expense resolution reported to the
House may not be considered in the House unless a printed
report thereon was available on the previous calendar day. For
the information of the House, such report shall--
(1) state the total amount of additional funds to be
provided to the committee, commission, or other entity
under the supplemental expense resolution and the
purposes for which those additional funds are
available; and
(2) state the reasons for the failure to procure the
additional funds for the committee, commission, or
other entity by means of the primary expense
resolution.
(c) The preceding provisions of this clause do not apply
to--
(1) a resolution providing for the payment from
committee salary and expense accounts of the House of
sums necessary to pay compensation for staff services
performed for, or to pay other expenses of, a
committee, commission, or other entity at any time
after the beginning of an odd-numbered year and before
the date of adoption by the House of the primary
expense resolution described in paragraph (a) for that
year; or
(2) a resolution providing each of the standing
committees in a Congress additional office equipment,
airmail and special-delivery postage stamps, supplies,
staff personnel, or any other specific item for the
operation of the standing committees, and containing an
authorization for the payment from committee salary and
expense accounts of the House of the expenses of any of
the foregoing items provided by that resolution,
subject to and until enactment of the provisions of the
resolution as permanent law.
(d) From the funds made available for the appointment of
committee staff by a primary or additional expense resolution,
the chairman of each committee shall ensure that sufficient
staff is made available to each subcommittee to carry out its
responsibilities under the rules of the committee and that the
minority party is treated fairly in the appointment of such
staff.
(e) Funds authorized for a committee under this clause and
clauses 7 and 8 are for expenses incurred in the activities of
the committee.
Interim funding
7. (a) For the period beginning at noon on January 3 and
ending at midnight on March 31 in each odd-numbered year, such
sums as may be necessary shall be paid out of the committee
salary and expense accounts of the House for continuance of
necessary investigations and studies by--
(1) each standing and select committee established by
these rules; and
(2) except as specified in paragraph (b), each select
committee established by resolution.
(b) In the case of the first session of a Congress, amounts
shall be made available for a select committee established by
resolution in the preceding Congress only if--
(1) a resolution proposing to reestablish such select
committee is introduced in the present Congress; and
(2) the House has not adopted a resolution of the
preceding Congress providing for termination of funding
for investigations and studies by such select
committee.
(c) Each committee described in paragraph (a) shall be
entitled for each month during the period specified in
paragraph (a) to 9 percent (or such lesser percentage as may be
determined by the Committee on House Administration) of the
total annualized amount made available under expense
resolutions for such committee in the preceding session of
Congress.
(d) Payments under this clause shall be made on vouchers
authorized by the committee involved, signed by the chairman of
the committee, except as provided in paragraph (e), and
approved by the Committee on House Administration.
(e) Notwithstanding any provision of law, rule of the
House, or other authority, from noon on January 3 of the first
session of a Congress until the election by the House of the
committee concerned in that Congress, payments under this
clause shall be made on vouchers signed by--
(1) the member of the committee who served as
chairman of the committee at the expiration of the
preceding Congress; or
(2) if the chairman is not a Member, Delegate, or
Resident Commissioner in the present Congress, then the
ranking member of the committee as it was constituted
at the expiration of the preceding Congress who is a
member of the majority party in the present Congress.
(f)(1) The authority of a committee to incur expenses under
this clause shall expire upon adoption by the House of a
primary expense resolution for the committee.
(2) Amounts made available under this clause shall be
expended in accordance with regulations prescribed by the
Committee on House Administration.
(3) This clause shall be effective only insofar as it is
not inconsistent with a resolution reported by the Committee on
House Administration and adopted by the House after the
adoption of these rules.
Travel
8. (a) Local currencies owned by the United States shall be
made available to the committee and its employees engaged in
carrying out their official duties outside the United States or
its territories or possessions. Appropriated funds, including
those authorized under this clause and clauses 6 and 8, may not
be expended for the purpose of defraying expenses of members of
a committee or its employees in a country where local
currencies are available for this purpose.
(b) The following conditions shall apply with respect to
travel outside the United States or its territories or
possessions:
(1) A member or employee of a committee may not
receive or expend local currencies for subsistence in a
country for a day at a rate in excess of the maximum
per diem set forth in applicable Federal law.
(2) A member or employee shall be reimbursed for his
expenses for a day at the lesser of--
(A) the per diem set forth in applicable
Federal law; or
(B) the actual, unreimbursed expenses (other
than for transportation) he incurred during
that day.
(3) Each member or employee of a committee shall make
to the chairman of the committee an itemized report
showing the dates each country was visited, the amount
of per diem furnished, the cost of transportation
furnished, and funds expended for any other official
purpose and shall summarize in these categories the
total foreign currencies or appropriated funds
expended. Each report shall be filed with the chairman
of the committee not later than 60 days following the
completion of travel for use in complying with
reporting requirements in applicable Federal law and
shall be open for public inspection.
(c)(1) In carrying out the activities of a committee
outside the United States in a country where local currencies
are unavailable, a member or employee of a committee may not
receive reimbursement for expenses (other than for
transportation) in excess of the maximum per diem set forth in
applicable Federal law.
(2) A member or employee shall be reimbursed for his
expenses for a day, at the lesser of--
(A) the per diem set forth in applicable Federal law;
or
(B) the actual unreimbursed expenses (other than for
transportation) he incurred during that day.
(3) A member or employee of a committee may not receive
reimbursement for the cost of any transportation in connection
with travel outside the United States unless the member or
employee actually paid for the transportation.
(d) The restrictions respecting travel outside the United
States set forth in paragraph (c) also shall apply to travel
outside the United States by a Member, Delegate, Resident
Commissioner, officer, or employee of the House authorized
under any standing rule.
Committee staffs
9. (a)(1) Subject to subparagraph (2) and paragraph (f),
each standing committee may appoint, by majority vote, not more
than 30 professional staff members to be compensated from the
funds provided for the appointment of committee staff by
primary and additional expense resolutions. Each professional
staff member appointed under this subparagraph shall be
assigned to the chairman and the ranking minority member of the
committee, as the committee considers advisable.
(2) Subject to paragraph (f) whenever a majority of the
minority party members of a standing committee (other than the
Committee on Standards of Official Conduct or the Permanent
Select Committee on Intelligence) so request, not more than 10
persons (or one-third of the total professional committee staff
appointed under this clause, whichever is fewer) may be
selected, by majority vote of the minority party members, for
appointment by the committee as professional staff members
under subparagraph (1). The committee shall appoint persons so
selected whose character and qualifications are acceptable to a
majority of the committee. If the committee determines that the
character and qualifications of a person so selected are
unacceptable, a majority of the minority party members may
select another person for appointment by the committee to the
professional staff until such appointment is made. Each
professional staff member appointed under this subparagraph
shall be assigned to such committee business as the minority
party members of the committee consider advisable.
(b)(1) The professional staff members of each standing
committee--
(A) may not engage in any work other than committee
business during congressional working hours; and
(B) may not be assigned a duty other than one
pertaining to committee business.
(2)(A) Subparagraph (1) does not apply to staff designated
by a committee as ``associate'' or ``shared'' staff who are not
paid exclusively by the committee, provided that the chairman
certifies that the compensation paid by the committee for any
such staff is commensurate with the work performed for the
committee in accordance with clause 8 of rule XXIII.
(B) The use of any ``associate'' or ``shared'' staff by a
committee other than the Committee on Appropriations shall be
subject to the review of, and to any terms, conditions, or
limitations established by, the Committee on House
Administration in connection with the reporting of any primary
or additional expense resolution.
(c) Each employee on the professional or investigative
staff of a standing committee shall be entitled to pay at a
single gross per annum rate, to be fixed by the chairman and
that does not exceed the maximum rate of pay as in effect from
time to time under applicable provisions of law.
(d) Subject to appropriations hereby authorized, the
Committee on Appropriations may appoint by majority vote such
staff as it determines to be necessary (in addition to the
clerk of the committee and assistants for the minority). The
staff appointed under this paragraph, other than minority
assistants, shall possess such qualifications as the committee
may prescribe.
(e) A committee may not appoint to its staff an expert or
other personnel detailed or assigned from a department or
agency of the Government except with the written permission of
the Committee on House Administration.
(f) If a request for the appointment of a minority
professional staff member under paragraph (a) is made when no
vacancy exists for such an appointment, the committee
nevertheless may appoint under paragraph (a) a person selected
by the minority and acceptable to the committee. A person so
appointed shall serve as an additional member of the
professional staff of the committee until such a vacancy occurs
(other than a vacancy in the position of head of the
professional staff, by whatever title designated), at which
time that person is considered as appointed to that vacancy.
Such a person shall be paid from the applicable accounts of the
House described in clause 1(j)(1) of rule X. If such a vacancy
occurs on the professional staff when seven or more persons
have been so appointed who are eligible to fill that vacancy, a
majority of the minority party members shall designate which of
those persons shall fill the vacancy.
(g) Each staff member appointed pursuant to a request by
minority party members under paragraph (a), and each staff
member appointed to assist minority members of a committee
pursuant to an expense resolution described in clause 6(a),
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.
(h) Paragraph (a) may not be construed to authorize the
appointment of additional professional staff members of a
committee pursuant to a request under paragraph (a) by the
minority party members of that committee if 10 or more
professional staff members provided for in paragraph (a)(1) who
are satisfactory to a majority of the minority party members
are otherwise assigned to assist the minority party members.
(i) Notwithstanding paragraph (a)(2), a committee may
employ nonpartisan staff, in lieu of or in addition to
committee staff designated exclusively for the majority or
minority party, by an affirmative vote of a majority of the
members of the majority party and of a majority of the members
of the minority party.
B. Procedure for Committees and Unfinished Business--Rule XI of the
House
Clauses 1, 2, 4, 5 and 6 of Rule XI are set out below.
In general
1. (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 resolutions 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 subcommittee) 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 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.
* * * * *
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.
C. Filing and Printing of Reports--Rule XIII, Clauses 2, 3 and 4 of the
House
2. (a)(1) Except as provided in subparagraph (2), all
reports of committees (other than those filed from the floor as
privileged) shall be delivered to the Clerk for printing and
reference to the proper calendar under the direction of the
Speaker in accordance with clause 1. The title or subject of
each report shall be entered on the Journal and printed in the
Congressional Record.
(2) A bill or resolution reported adversely shall be laid
on the table unless a committee to which the bill or resolution
was referred requests at the time of the report its referral to
an appropriate calendar under clause 1 or unless, within three
days thereafter, a Member, Delegate, or Resident Commissioner
makes such a request.
(b)(1) It shall be the duty of the chairman of each
committee to report or cause to be reported promptly to the
House a measure or matter approved by the committee and to take
or cause to be taken steps necessary to bring the measure or
matter to a vote.
(2) In any event, the report of a committee on a measure
that has been approved by the committee shall be filed within
seven calendar days (exclusive of days on which the House is
not in session) after the day on which a written request for
the filing of the report, signed by a majority of the members
of the committee, has been filed with the clerk of the
committee. The clerk of the committee shall immediately notify
the chairman of the filing of such a request. This subparagraph
does not apply to a report of the Committee on Rules with
respect to a rule, joint rule, or order of business of the
House, or to the reporting of a resolution of inquiry addressed
to the head of an executive department.
(c) All supplemental, minority, or additional views filed
under clause 2(l) of rule XI by one or more members of a
committee shall be included in, and shall be a part of, the
report filed by the committee with respect to a measure or
matter. When time guaranteed by clause 2(l) of rule XI has
expired (or, if sooner, when all separate views have been
received), the committee may arrange to file its report with
the Clerk not later than one hour after the expiration of such
time. This clause and provisions of clause 2(l) of rule XI do
not preclude the immediate filing or printing of a committee
report in the absence of a timely request for the opportunity
to file supplemental, minority, or additional views as provided
in clause 2(l) of rule XI.
Content of reports
3. (a)(1) Except as provided in subparagraph (2), the
report of a committee on a measure or matter shall be printed
in a single volume that--
(A) shall include all supplemental, minority, or
additional views that have been submitted by the time
of the filing of the report; and
(B) shall bear on its cover a recital that any such
supplemental, minority, or additional views (and any
material submitted under paragraph (c)(3)) are included
as part of the report.
(2) A committee may file a supplemental report for the
correction of a technical error in its previous report on a
measure or matter. A supplemental report only correcting errors
in the depiction of record votes under paragraph (b) may be
filed under this subparagraph and shall not be subject to the
requirement in clause 4 concerning the availability of reports.
(b) With respect to each record vote on a motion to report
a measure or matter of a public nature, and on any amendment
offered to the measure or matter, the total number of votes
cast for and against, and the names of members voting for and
against, shall be included in the committee report. The
preceding sentence does not apply to votes taken in executive
session by the Committee on Standards of Official Conduct.
(c) The report of a committee on a measure that has been
approved by the committee shall include, separately set out and
clearly identified, the following:
(1) Oversight findings and recommendations under
clause 2(b)(1) of rule X.
(2) The statement required by section 308(a) of the
Congressional Budget Act of 1974, except that an
estimate of new budget authority shall include, when
practicable, a comparison of the total estimated
funding level for the relevant programs to the
appropriate levels under current law.
(3) An estimate and comparison prepared by the
Director of the Congressional Budget Office under
section 402 of the Congressional Budget Act of 1974 if
timely submitted to the committee before the filing of
the report.
(4) A statement of general performance goals and
objectives, including outcome-related goals and
objectives, for which the measure authorizes funding.
(d) Each report of a committee on a public bill or public
joint resolution shall contain the following:
(1) A statement citing the specific powers granted to
Congress in the Constitution to enact the law proposed
by the bill or joint resolution.
(2)(A) An estimate by the committee of the costs that
would be incurred in carrying out the bill or joint
resolution in the fiscal year in which it is reported
and in each of the five fiscal years following that
fiscal year (or for the authorized duration of any
program authorized by the bill or joint resolution if
less than five years);
(B) A comparison of the estimate of costs described
in subdivision (A) made by the committee with any
estimate of such costs made by a Government agency and
submitted to such committee; and
(C) When practicable, a comparison of the total
estimated funding level for the relevant programs with
the appropriate levels under current law.
(3)(A) In subparagraph (2) the term ``Government
agency'' includes any department, agency,
establishment, wholly owned Government corporation, or
instrumentality of the Federal Government or the
government of the District of Columbia.
(B) Subparagraph (2) does not apply to the Committee
on Appropriations, the Committee on House
Administration, the Committee on Rules, or the
Committee on Standards of Official Conduct, and does
not apply when a cost estimate and comparison prepared
by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act of
1974 has been included in the report under paragraph
(c)(3).
(e)(1) Whenever a committee reports a bill or joint
resolution proposing to repeal or amend a statute or part
thereof, it shall include in its report or in an accompanying
document--
(A) the text of a statute or part thereof that is
proposed to be repealed; and
(B) a comparative print of any part of the bill or
joint resolution proposing to amend the statute and of
the statute or part thereof proposed to be amended,
showing by appropriate typographical devices the
omissions and insertions proposed.
(2) If a committee reports a bill or joint resolution
proposing to repeal or amend a statute or part thereof with a
recommendation that the bill or joint resolution be amended,
the comparative print required by subparagraph (1) shall
reflect the changes in existing law proposed to be made by the
bill or joint resolution as proposed to be amended.
* * * * *
Availability of reports
4. (a)(1) Except as specified in subparagraph (2), it shall
not be in order to consider in the House a measure or matter
reported by a committee until the third calendar day (excluding
Saturdays, Sundays, or legal holidays except when the House is
in session on such a day) on which each report of a committee
on that measure or matter has been available to Members,
Delegates, and the Resident Commissioner.
(2) Subparagraph (1) does not apply to--
(A) a resolution providing a rule, joint rule, or
order of business reported by the Committee on Rules
considered under clause 6;
(B) a resolution providing amounts from the
applicable accounts described in clause 1(j)(1) of rule
X reported by the Committee on House Administration
considered under clause 6 of rule X;
(C) a resolution presenting a question of the
privileges of the House reported by any committee;
(D) a measure for the declaration of war, or the
declaration of a national emergency, by Congress; and
(E) a measure providing for the disapproval of a
decision, determination, or action by a Government
agency that would become, or continue to be, effective
unless disapproved or otherwise invalidated by one or
both Houses of Congress. In this subdivision the term
``Government agency'' includes any department, agency,
establishment, wholly owned Government corporation, or
instrumentality of the Federal Government or of the
government of the District of Columbia.
(b) A committee that reports a measure or matter shall make
every reasonable effort to have its hearings thereon (if any)
printed and available for distribution to Members, Delegates,
and the Resident Commissioner before the consideration of the
measure or matter in the House.
(c) A general appropriation bill reported by the Committee
on Appropriations may not be considered in the House until the
third calendar day (excluding Saturdays, Sundays, and legal
holidays except when the House is in session on such a day) on
which printed hearings of the Committee on Appropriations
thereon have been available to Members, Delegates, and the
Resident Commissioner.
III. SELECTED MATTERS OF INTEREST
A. 2 U.S.C. Sec. 191. Oaths to witnesses
The President of the Senate, the Speaker of the House of
Representatives, or a chairman of any joint committee
established by a joint or concurrent resolution of the two
Houses of Congress, or of a committee of the whole, or of any
committee of either House of Congress, is empowered to
administer oaths to witnesses in any case under their
examination.
Any member of either House of Congress may administer oaths
to witnesses in any matter depending in either House of
Congress of which he is a Member, or any committee thereof.
B. 2 U.S.C. Sec. 192. Refusal of witness to testify or produce papers
Every person who having been summoned as a witness by the
authority of either House of Congress to give testimony or to
produce papers upon any matter under inquiry before either
House, or any joint committee established by a joint or
concurrent resolution of the two Houses of Congress, or any
committee of either House of Congress, willfully makes default,
or who, having appeared, refuses to answer any question
pertinent to the question under inquiry, shall be deemed guilty
of a misdemeanor, punishable by a fine of not more than $1,000
nor less than $100 and imprisonment in a common jail for not
less than one month nor more than twelve months.
C. 2 U.S.C. Sec. 193. Privilege of witnesses
No witness is privileged to refuse to testify to any fact,
or to produce any paper, respecting which he shall be examined
by either House of Congress, or by any joint committee
established by a joint or concurrent resolution of the two
Houses of Congress, or by any committee of either House, upon
the ground that his testimony to such fact or his production of
such paper may tend to disgrace him or otherwise render him
infamous.
D. 2 U.S.C. Sec. 194. Certification of failure to testify or produce;
grand jury action
Whenever a witness summoned as mentioned in section 192 of
this title fails to appear to testify or fails to produce any
books, papers, records, or documents, as required, or whenever
any witness so summoned refuses to answer any question
pertinent to the subject under inquiry before either House, or
any joint committee established by a joint or concurrent
resolution of the two Houses of Congress, or any committee or
subcommittee of either House of Congress, and the fact of such
failure or failures is reported to either House while Congress
is in session or when Congress is not in session, a statement
of fact constituting such failure is reported to and filed with
the President of the Senate or the Speaker of the House, it
shall be the duty of the said President of the Senate or
Speaker of the House, as the case may be, to certify, and he
shall so certify, the statement of facts aforesaid under the
seal of the Senate or House, as the case may be, to the
appropriate U.S. attorney, whose duty it shall be to bring the
matter before the grand jury for its action.
E. 5 U.S.C. Sec. 2954. Information to Committees of Congress on Request
An Executive agency, on request of the Committee on
Government Operations of the House of Representatives, or of
any seven members thereof, or on request of the Committee on
Government Operations of the Senate, or any five members
thereof, shall submit any information requested of it relating
to any matter within the jurisdiction of the committee.
F. 18 U.S.C. Sec. 1505. Obstruction of Proceedings Before Departments,
Agencies, and Committees
Whoever, with intent to avoid, evade, prevent, or obstruct
compliance, in whole or in part, with any civil investigative
demand duly and properly made under the Antitrust Civil Process
Act, willfully withholds, misrepresents, removes from any
place, conceals, covers up, destroys, mutilates, alters, or by
other means falsifies any documentary material, answers to
written interrogatories, or oral testimony, which is the
subject of such demand; or attempts to do so or solicits
another to do so; or
Whoever corruptly, or by threats or force, or by any
threatening letter or communication influences, obstructs, or
impedes or endeavors to influence, obstruct, or impede the due
and proper administration of the law under which any pending
proceeding is being had before any department or agency of the
United States, or the due and proper exercise of the power of
inquiry under which any inquiry or investigation is being had
by either House, or any committee of either House or any joint
committee of the Congress--
Shall be fined under this title or imprisoned not more than
five years, or both.
G. 18 U.S.C. Sec. 6005. Congressional proceedings
(a) In the case of any individual who has been or may be
called to testify or provide other information at any
proceeding before or ancillary to either House of Congress, or
any committee, or any subcommittee of either House, or any
joint committee of the two Houses, a United States district
court shall issue, in accordance with subsection (b) of this
section, upon the request of a duly authorized representative
of the House of Congress or the committee concerned, an order
requiring such individual to give testimony or provide other
information which he refuses to give or provide on the basis of
his privilege against self-incrimination, such order to become
effective as provided in section 6002 of this title.
(b) Before issuing an order under subsection (a) of this
section, a United States district court shall find that--
(1) in the case of a proceeding before or ancillary
to either House of Congress, the request for such an
order has been approved by an affirmative vote of a
majority of the Members present of that House;
(2) in the case of a proceeding before or ancillary
to a committee or a subcommittee of either House of
Congress or a joint committee of both Houses, the
request for such an order has been approved by an
affirmative vote of two-thirds of the members of the
full committee; and
(3) ten days or more prior to the day on which the
request for such an order was made, the Attorney
General was served with notice of an intention to
request the order.
(c) Upon application of the Attorney General, the United
States district court shall defer the issuance of any order
under subsection (a) of this section for such period, not
longer than twenty days from the date of the request for such
order, as the Attorney General may specify.
H. 31 U.S.C. Sec. 712. Investigating the Use of Public Money
The Comptroller General shall--
* * * * * * *
(3) analyze expenditures of each executive agency the
Comptroller General believes will help Congress decide whether
public money has been used and expended economically and
efficiently;
(4) make an investigation and report ordered by either
House of Congress or a committee of Congress having
jurisdiction over revenue, appropriations, or expenditures; and
(5) give a committee of Congress having jurisdiction over
revenue, appropriations, or expenditures the help and
information the committee requests.
I. 31 U.S.C. Sec. 717. Evaluating Programs and Activities of the United
States Government
* * * * * * *
(d)(1) On request of a committee of Congress, the
Comptroller General shall help the committee to--
(A) develop a statement of legislative goals and ways
to assess and report program performance related to the
goals, including recommended ways to assess
performance, information to be reported, responsibility
for reporting, frequency of reports, and feasibility of
pilot testing; and
(B) assess program evaluations prepared by and for an
agency.
(2) On request of a member of Congress, the Comptroller
General shall give the member a copy of the material the
Comptroller General compiles in carrying out this subsection
that has been released by the committee for which the material
was compiled.
J. 31 U.S.C. Sec. 719. Comptroller General Reports
* * * * * * *
(d) The Comptroller General shall report on analyses
carried out under section 712(3) of this title to the
Committees on Governmental Affairs and Appropriations of the
Senate, the Committees on Government Operations and
Appropriations of the House, and the committees with
jurisdiction over legislation related to the operation of each
executive agency.\1\
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\1\ For other requirements which relate to General Accounting
Office reports to Congress and which affect the committee, see secs.
232 and 236 of the Legislative Reorganization Act of 1970 (Public Law
91-150).
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* * * * * * *
(h) On request of a committee of Congress, the Comptroller
General shall explain to discuss with the committee or
committee staff a report the Comptroller General makes that
would help the committee--
(1) evaluate a program or activity of an agency
within the jurisdiction of the committee; or
(2) in its consideration of proposed legislation.
K. 31 U.S.C. Sec. 1113. Congressional Information
(a)(1) When requested by a committee of Congress having
jurisdiction over receipts or appropriations, the President
shall provide the committee with assistance and information.
(2) When requested by a committee of Congress, additional
information related to the amount of an appropriation
originally requested by an Office of Inspector General shall be
submitted to the committee.
(b) When requested by a committee of Congress, by the
Comptroller General, or by the Director of the Congressional
Budget Office, the Secretary of the Treasury, the Director of
the Office of Management and Budget, and the head of each
executive agency shall--
(1) provide information on the location and kind of
available fiscal, budget, and program information;
(2) to the extent practicable, prepare summary tables
of that fiscal, budget, and program information and
related information of the committee, the Comptroller
General, or the Director of the Congressional Budget
Office considers necessary; and
(3) provide a program evaluation carried out or
commissioned by an executive agency.
(c) In cooperation with the Director of the Congressional
Budget Office, the Secretary, and the Director of the Office of
Management and Budget, the Comptroller General shall--
(1) establish and maintain a current directory of
sources of, and information systems for, fiscal,
budget, and program information and a brief description
of the contents of each source and system;
(2) when requested, provide assistance to committees
of Congress and members of Congress in obtaining
information from the sources in the directory; and
(3) when requested, provide assistance to committees
and the extent practicable, to members of Congress in
evaluating the information from the sources in the
directory; and
(d) To the extent they consider necessary, the Comptroller
General and the Director of the Congressional Budget Office
individually or jointly shall establish and maintain a file of
information to meet recurring needs of Congress for fiscal,
budget, and program information to carry out this section and
sections 717 and 1112 of this title. The file shall include
information on budget requests, congressional authorizations to
obligations and expenditures. The Comptroller General and the
Director shall maintain the file and an index so that it is
easier for the committees and agencies of Congress to use the
file and index through data processing and communications
techniques.
(e)(1) The Comptroller General shall--
(A) carry out a continuing program to identify the
needs of committees and members of Congress for fiscal
budget, and program information to carry out this
section and section 1112 of this title;
(B) assist committees of Congress in developing their
information needs;
(C) monitor recurring reporting requirements of
Congress and committees; and
(D) make recommendations to Congress and committees
for changes and improvements in those reporting
requirements to meet information needs identified by
the Comptroller General, to improve their usefulness to
congressional users, and to eliminate unnecessary
reporting.
(2) Before September 2 of each year, the Comptroller
General shall report to Congress on--
(A) the needs identified under paragraph (1)(A) of
this subsection;
(B) the relationship of those needs to existing
reporting requirements;
(C) the extent to which reporting by the executive
branch of the United States Government currently meets
the identified needs;
(D) the changes to standard classifications necessary
to meet congressional needs;
(E) activities, progress, and results of the program
of the Comptroller General under paragraph (1)(B)-(D)
of this subsection; and
(F) progress of the executive branch in the prior
year.
(3) Before March 2 of each year, the Director of the Office
of Management and Budget and the Secretary shall report to
Congress on plans for meeting the needs identified under
paragraph (1)(A) of this subsection, including--
(A) plans for carrying out changes to classifications
to meet information needs of Congress;
(B) the status of information systems in the prior
year; and
(C) the use of standard classifications.
(Public Law 97-258, Sept. 13, 1982, 96 Stat. 914; Public Law
97-452, Sec. 1(3), Jan. 12, 1983, 96 Stat. 2467.)