[House Prints, 112th Congress]
[From the U.S. Government Publishing Office]
112th 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
MARCH 2011
Printed for the use of the Committee on Oversight and Government Reform
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COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM
DARRELL E. ISSA, California Chairman
DAN BURTON, Indiana ELIJAH E. CUMMINGS, Maryland,
JOHN L. MICA, Florida Ranking Minority Member
TODD RUSSELL PLATTS, Pennsylvania EDOLPHUS TOWNS, New York
MICHAEL R. TURNER, Ohio CAROLYN B. MALONEY, New York
PATRICK T. McHENRY, North Carolina ELEANOR HOLMES NORTON, District of
JIM JORDAN, Ohio Columbia
JASON CHAFFETZ, Utah DENNIS J. KUCINICH, Ohio
CONNIE MACK, Florida JOHN F. TIERNEY, Massachusetts
TIM WALBERG, Michigan WM. LACY CLAY, Missouri
JAMES LANKFORD, Oklahoma STEPHEN F. LYNCH, Massachusetts
JUSTIN AMASH, Michigan JIM COOPER, Tennessee
ANN MARIE BUERKLE, New York GERALD E. CONNOLLY, Virginia
PAUL A. GOSAR, Arizona MIKE QUIGLEY, Illinois
RAUL R. LABRADOR, Idaho DANNY K. DAVIS, Illinois
PATRICK MEEHAN, Pennsylvania BRUCE L. BRALEY, Iowa
SCOTT DESJARLAIS, Tennessee PETER WELCH, Vermont
JOE WALSH, Illinois JOHN A. YARMUTH, Kentucky
TREY GOWDY, South Carolina CHRISTOPHER S. MURPHY, Connecticut
DENNIS A. ROSS, Florida JACKIE SPEIER, California
FRANK C. GUINTA, New Hampshire
BLAKE FARENTHOLD, Texas
MIKE KELLY, Pennsylvania
Lawrence J. Brady, Staff Director
John Cuaderes, Deputy Staff Director
Robert Borden, General Counsel
Linda Good, Chief Clerk
Dave Rapallo, Minority Staff Director
(ii)
C O N T E N T S
__________
Page
I. Rules of the Committee on Government Reform.......................1
Rule 1.--Application of rules............................ 1
Rule 2.--Meetings........................................ 1
Rule 3.--Quorums......................................... 1
Rule 4.--Committee reports............................... 2
Rule 5.--Record votes.................................... 2
Rule 6.--Subcommittees; referrals........................ 2
Rule 7.--Subcommittee scheduling......................... 4
Rule 8.--Staff........................................... 4
Rule 9.--Hearings........................................ 4
Rule 10.--Committee records, open meetings, transparency. 5
Rule 11.--Audio and visual coverage of committee
proceedings.......................................... 6
Rule 12.--Additional duties of chairman.................. 6
Rule 13.--Consideration of certain bills and resolutions. 7
Rule 14.--Panels and task forces......................... 7
Rule 15.--Deposition authority........................... 7
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..................................... 12
3. Additional functions of committees--Rule X, Clause
4 of the House..................................... 14
B. Procedures of committees and unfinished business--Rule
XI of the House...................................... 16
C. Filing and printing of reports--Rule XIII of the House 29
III.Selected matters of interest.....................................33
A. 2 U.S.C. sec. 191. Oaths to witnesses................. 33
B. 2 U.S.C. sec. 192. Refusal of witness to testify or
produce papers....................................... 33
C. 2 U.S.C. sec. 193. Privilege of witnesses............. 33
D. 2 U.S.C. sec. 194. Certification of failure to testify
or produce; grand jury action........................ 33
E. 5 U.S.C. sec. 2954. Information to committees of
Congress on request.................................. 34
F. 18 U.S.C. sec. 1001. Statements or Entries Generally.. 34
G. 18 U.S.C. sec. 1505. Obstruction of proceedings before
departments, agencies, and committees................ 35
H. 18 U.S.C. sec. 6005. Congressional proceedings........ 35
I. 31 U.S.C. sec. 712. Investigating the use of public
money................................................ 36
J. 31 U.S.C. sec. 717. Evaluating programs and activities
of the United States Government...................... 36
K. 31 U.S.C. sec. 719. Comptroller General reports....... 36
L. 31 U.S.C. sec. 1113. Congressional information........ 37
(iii)
I. RULES OF THE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM
U.S. House of Representatives
112th Congress
----------
The Committee on Oversight and Government Reform, on
January 25, 2011, 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 and ranking minority members.
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 pursuant to 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, 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.
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 who is present shall
preside at that meeting.
(b) The chairman of the full committee may, at the request
of a subcommittee chair, make a temporary assignment of any
member of the full 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 minority
members of the committee.
Rule 4.--Committee Reports
(a) Bills and resolutions approved by the full committee
shall be reported by the chairman pursuant to House Rule XIII,
clauses 2-4.
(b) A proposed investigative or oversight report shall not
be considered in the committee unless the proposed report has
been available to the members of the 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 the committee. 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 committee before the
consideration of the proposed report in the committee.
(c) Every investigative or oversight report shall be
approved by a majority vote of the committee at a meeting at
which a quorum is present. If at the time of approval of such a
report a member of the committee gives notice of intent to file
supplemental, minority, or additional views that member shall
be entitled to file such views following House Rule XI, clause
2(l) and Rule XIII, clause 3(a)(1).
(d) Only those investigative or oversight 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.--Record Votes
(a) 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.
(b) Pursuant to House Rule XI, clause 2(h)(4), the chairman
is authorized 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 to resume proceedings on
a postponed question at any time after reasonable notice. 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. After
consultation with the ranking minority member, the chairman
shall take reasonable steps to notify members on the resumption
of proceedings on any postponed record vote.
Rule 6.--Subcommittees; Referrals
(a) There shall be seven standing subcommittees with
appropriate party ratios. The chairman shall assign members to
the 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 Federal Workforce, U.S. Postal
Service and Labor Policy.--Legislative jurisdiction over the
Federal civil service and the U.S. Postal Service. The
subcommittee also has oversight jurisdiction over labor policy;
(2) The Subcommittee on Government Organization, Efficiency
and Financial Management.--Legislative jurisdiction over
government management and accounting measures, the economy,
efficiency, and management of government operations and
activities (other than procurement and data standards), Federal
property, and reorganizations of the executive branch;
(3) The Subcommittee on Health Care, District of Columbia,
Census and the National Archives.--Legislative jurisdiction
over drug policy, the District of Columbia, the Census Bureau,
and Federal records (including the National Archives and
Records Administration and the Presidential Records Act). The
subcommittee also has oversight jurisdiction over Federal
health care policy, food and drug safety, public support for
the arts, libraries and museums, criminal justice, and
transportation;
(4) The Subcommittee on National Security, Homeland Defense
and Foreign Operations.--Oversight jurisdiction over national
security, homeland security, foreign operations, immigration,
and emergency management;
(5) The Subcommittee on Regulatory Affairs, Stimulus
Oversight and Government Spending.--Legislative jurisdiction
over Federal paperwork reduction, data quality, and the Office
of Information and Regulatory Affairs. The subcommittee also
has oversight jurisdiction over regulatory affairs, stimulus
policy, Federal spending, education, agriculture, and
communications policy;
(6) The Subcommittee on TARP, Financial Services and
Bailouts of Public and Private Programs.--Oversight
jurisdiction over financial and monetary policy, banking,
housing, and insurance regulation, financial crisis and
rescues, and tax policy; and
(7) The Subcommittee on Technology, Information Policy,
Intergovernmental Relations and Procurement Reform.--
Legislative jurisdiction over public information, including the
Freedom of Information Act and Federal Advisory Committee Act,
Federal information technology and data standards, procurement
and grant reform, the relationship between the Federal
Government and States and municipalities, including unfunded
mandates. The subcommittee also has oversight jurisdiction over
public broadcasting.
(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 re-referred or discharged by the chairman when, in his
judgment, the subcommittee is not able to complete its work or
cannot reach agreement therein.
(c) The chairman and the ranking minority member of the
full 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 7.--Subcommittee Scheduling
(a) Each subcommittee 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 may meet or hold a hearing at the same
time as a meeting or hearing of the full committee.
(c) The chair of each subcommittee shall set hearing and
meeting dates only with the approval of the full committee
chairman with a view toward assuring the availability of
meeting rooms and avoiding simultaneous scheduling of committee
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 the 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.
Rule 8.--Staff
(a) 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 committee.
(b) 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 or she may assign.
Rule 9.--Hearings
(a) A committee member may question witnesses only when
recognized by the chairman for that purpose. In accordance with
House Rule XI, clause 2(j)(2), the five-minute rule shall apply
during the questioning of witnesses in a hearing. 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.
(e) 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.
(f) Witnesses appearing before the committee shall so far
as practicable, submit written statements at least 24 hours
before their appearance. Witnesses appearing in a non-
governmental capacity 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.
(g) The chairman or any member designated by the chairman
may administer oaths to any witness before the committee. All
witnesses appearing in hearings may be administered the
following oath by the chairman or his designee prior to
receiving the testimony: ``Do you solemnly swear or affirm that
the testimony that you are about to give is the truth, the
whole truth, and nothing but the truth, so help you God?''.
Rule 10.--Committee Records, Open Meetings, Transparency
(a) The committee staff shall maintain in the committee
offices a complete record of committee actions from the current
Congress including a record of the roll call 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.
(b) 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.
(c) Meetings for the transaction of business and hearings
of the committee shall be open to the public or closed in
accordance with the Rules of the House of Representatives.
(d) The chairman of the full committee shall maintain an
official website on behalf of the committee 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. To the greatest extent practicable, the chairman
shall ensure that committee records are made available on the
committee's official website in appropriate formats.
(e) The ranking minority member of the full committee is
authorized to maintain a similar official website on behalf of
the committee minority for the same purpose, including
communicating information about the activities of the minority
to committee members and other members of the House.
Rule 11.--Audio and Visual Coverage of Committee Proceedings
(a) An open meeting or hearing of the committee 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 Rules. Any such
coverage shall conform to 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 by internet broadcast, other than
through the Committee Broadcast System shall be currently
accredited to the Radio and Television Correspondents'
Galleries. If the Committee Broadcast System is not available,
the chairman may, with the concurrence of the ranking minority
member, direct staff to provide coverage in a manner that is
fair and nonpartisan and in accordance with House Rule XI,
clause 4.
Rule 12.--Additional Duties 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 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 the ranking minority
member, a budget for the committee;
(f) Make any necessary technical and conforming changes to
legislation reported by the committee upon unanimous consent;
and
(g) Offer motions under clause 1 of Rule XXII of the Rules
of the House (motion to request or agree to a conference)
whenever the chairman considers it appropriate.
Rule 13.--Consideration of Certain Bills and Resolutions
(a) The determination of the subject matter of
commemorative stamps and new semi-postal issues is properly for
consideration by the Postmaster General and 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.
(b) The consideration of bills designating facilities of
the United States Postal Service shall be conducted so as to
minimize the time spent on such matters by the committee and
the House of Representatives.
(c) The chairman shall not request to have scheduled any
resolution for consideration under suspension of the Rules,
which expresses appreciation, commends, congratulates,
celebrates, recognizes the accomplishments of, or celebrates
the anniversary of, an entity, event, group, individual,
institution, team or government program; or acknowledges or
recognizes a period of time for such purposes.
Rule 14.--Panels and Task Forces
(a) The chairman of the full 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 full
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 full committee. The ranking
minority member of the full committee 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 15.--Deposition Authority
(a) The chairman of the full committee, upon consultation
with the ranking minority member of the full committee, may
order the taking of depositions, under oath and pursuant to
notice or subpoena.
(b) Notices for the taking of depositions shall specify the
date, time, and place of examination (if other than within the
committee offices). Depositions shall be taken under oath
administered by a member or a person otherwise authorized to
administer oaths.
(c) Consultation with the ranking minority member shall
include three business days notice before any deposition is
taken. All members shall also receive three business days
notice that a deposition has been scheduled.
(d) 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 of the full committee, an
official reporter, the witness, and the witness's counsel.
Observers or counsel for other persons, or for agencies under
investigation, may not attend.
(e) At least one member of the committee shall be present
at each deposition taken by the committee, unless the witness
to be deposed agrees in writing to waive this requirement.
(f) 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.
(g) 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.
(h) Any objection made during a deposition must be stated
concisely and in a non-argumentative and non-suggestive manner.
The witness may refuse to answer a question only to preserve a
privilege. When the witness has objected and refused to answer
a question to preserve a privilege, the full committee chairman
may rule on any such objection after the deposition has
adjourned. If the chairman overrules any such objection and
thereby orders a witness to answer any question to which a
privilege objection was lodged, such ruling shall be filed with
the clerk of the committee and shall be provided to the members
and the witness no less than three days before the reconvened
deposition. If a member of the committee appeals in writing the
ruling of the chairman, the appeal shall be preserved for
committee consideration. A deponent who refuses to answer a
question after being directed to answer by the chairman in
writing may be subject to sanction, except that no sanctions
may be imposed if the ruling of the chairman is reversed on
appeal.
(i) 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.
(j) 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 of the full committee shall be provided with a
copy of the transcripts of the deposition at the same time.
(k) The chairman and ranking minority member of the full
committee 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 full committee for resolution.
(l) 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 (n) 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:
* * * * *
(n) 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,
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;
(E) have a view toward insuring against duplication
of Federal programs; and
(F) include proposals to cut or eliminate programs,
including mandatory spending programs, that are
inefficient, duplicative, outdated, or more
appropriately administered by State or local
governments.
(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.
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, Clause 4
Clause 4 of Rule X relates to additional functions of
committees. Paragraph (c) of clause 4 reads as follows:
(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). [See Committee Rule 15]
(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;
(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; and
(iii) shall, unless waived by the deponent, require
the attendance of a member of the committee.
(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.
B. Procedures of 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 resolution shall be privileged if
printed copies are available.
(B) A motion accorded privilege under this subparagraph
shall be decided without debate.
(b)(1) Each committee may conduct at any time such
investigations and studies as it considers necessary or
appropriate in the exercise of its responsibilities under rule
X. Subject to the adoption of expense resolutions as required
by clause 6 of rule X, each committee may incur expenses,
including travel expenses, in connection with such
investigations and studies.
(2) A proposed investigative or oversight report shall be
considered as read in committee if it has been available to the
members for at least 24 hours (excluding Saturdays, Sundays, or
legal holidays except when the House is in session on such a
day).
(3) A report of an investigation or study conducted jointly
by more than one committee may be filed jointly, provided that
each of the committees complies independently with all
requirements for approval and filing of the report.
(4) After an adjournment sine die of the last regular
session of a Congress, an investigative or oversight report may
be filed with the Clerk at any time, provided that a member who
gives timely notice of intention to file supplemental,
minority, or additional views shall be entitled to not less
than seven calendar days in which to submit such views for
inclusion in the report.
(c) Each committee may have printed and bound such
testimony and other data as may be presented at hearings held
by the committee or its subcommittees. All costs of
stenographic services and transcripts in connection with a
meeting or hearing of a committee shall be paid from the
applicable accounts of the House described in clause 1(j)(1) of
rule X.
(d)(1) Not later than the 30th day after June 1 and
December 1, a committee shall submit to the House a semiannual
report on the activities of that committee.
(2) Such report shall include--
(A) separate sections summarizing the legislative and
oversight activities of that committee under this rule
and rule X during the applicable period;
(B) in the case of the first such report, a summary
of the oversight plans submitted by the committee uncer
clause 2(d) of rule x;
(C) a summary of the actions taken and
recommendations made with respect to the oversight
plans specified in subdivision (B);
(D) a summary of any additional oversight activities
undertaken by that committee and any recommendations
made or actions taken thereon; and
(E) a delineation of any hearings held pursuant to
clauses 2(n), (o), or (p) of this rule.
(3) After an adjournment sine die of a regular session of a
Congress, or after December 15, whichever occurs first, the
chair of a committee may file the second or fourth semiannual
report described in 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 make its rules publicly available
in electronic form and submit such rules for publication in the
Congressional Record not later than 30 days after the chair of
the committee is elected in each odd-numbered year.
(3) A committee may adopt a rule providing that the chair
be directed to offer a motion under clause 1 of rule XXII
whenever the chair 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 chair of each standing committee may call and
convene, as the chair 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 chair.
(2) Three or more members of a standing committee may file
in the offices of the committee a written request that the
chair 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 chair of the filing of the request.
If the chair 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 chair
(d) A member of the majority party on each standing
committee or subcommittee thereof shall be designated by the
chair of the full committee as the vice chair of the committee
or subcommittee, as the case may be, and shall preside during
the absence of the chair from any meeting. If the chair and
vice chair 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 and also made
publically available in electronic form within 48 hours of such
record vote. 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 chair. 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.
(5) To the maximum extent practicable, each committee
shall--
(A) provide audio and video coverage of each hearing
or meeting for the transaction of business in a manner
that allows the public to easily listen to and view the
proceedings; and
(B) maintain the recordings of such coverage in a
manner that is easily accessible to the public.
(6) Not later than 24 hours after the adoption of any
amendment to a measure or matter considered by a committee, the
chair of such committee shall cause the text of each such
amendment to be made publically available in electronic form.
Prohibition against proxy voting
(f) A vote by a member of a committee or subcommittee with
respect to any measure or matter may not be cast by proxy.
Open meetings and hearings
(g)(1) Each meeting for the transaction of business,
including the markup of legislation, by a standing committee or
subcommittee thereof (other than the Committee on Standards of
Official Conduct or its subcommittees) shall be open to the
public, including to radio, television, and still photography
coverage, except when the committee or subcommittee, in open
session and with a majority present, determines by record vote
that all or part of the remainder of the meeting on that day
shall be in executive session because disclosure of matters to
be considered would endanger national security, would
compromise sensitive law enforcement information, would tend to
defame, degrade, or incriminate any person, or otherwise would
violate a law or rule of the House. Persons, other than members
of the committee and such noncommittee Members, Delegates,
Resident Commissioner, congressional staff, or departmental
representatives as the committee may authorize, may not be
present at a business or markup session that is held in
executive session. This subparagraph does not apply to open
committee hearings, which are governed by clause 4(a)(1) of
rule X or by subparagraph (2).
(2)(A) Each hearing conducted by a committee or
subcommittee (other than the Committee on Standards of Official
Conduct or its subcommittees) shall be open to the public,
including to radio, television, and still photography coverage,
except when the committee or subcommittee, in open session and
with a majority present, determines by record vote that all or
part of the remainder of that hearing on that day shall be
closed to the public because disclosure of testimony, evidence,
or other matters to be considered would endanger national
security, would compromise sensitive law enforcement
information, or would violate a law or rule of the House.
(B) Notwithstanding the requirements of subdivision (A), in
the presence of the number of members required under the rules
of the committee for the purpose of taking testimony, a
majority of those present may--
(i) agree to close the hearing for the sole purpose
of discussing whether testimony or evidence to be
received would endanger national security, would
compromise sensitive law enforcement information, or
would violate clause 2(k)(5); or
(ii) agree to close the hearing as provided in clause
2(k)(5).
(C) A Member, Delegate, or Resident Commissioner may not be
excluded from nonparticipatory attendance at a hearing of a
committee or subcommittee (other than the Committee on
Standards of Official Conduct or its subcommittees) unless the
House by majority vote authorizes a particular committee or
subcommittee, for purposes of a particular series of hearings
on a particular article of legislation or on a particular
subject of investigation, to close its hearings to Members,
Delegates, and the Resident Commissioner by the same procedures
specified in this subparagraph for closing hearings to the
public.
(D) The committee or subcommittee may vote by the same
procedure described in this subparagraph to close one
subsequent day of hearing, except that the Committee on
Appropriations, the Committee on Armed Services, and the
Permanent Select Committee on Intelligence, and the
subcommittees thereof, may vote by the same procedure to close
up to five additional, consecutive days of hearings.
(3)(A) The chair of a committee shall announce the date,
place, and subject matter of--
(i) a committee hearing, which may not commence
earlier than one after such notice; or
(ii) a committee meeting, which may not commence
earlier than the third day on which members have notice
thereof.
(B) A hearing or meeting may begin sooner than specified in
subdivision (A) in either of the following circumstances (in
which case the chair shall make the announcement specified in
subdivision (A) at the earliest possible time):
(i) the chair of the committee, with the concurrence
of the ranking minority member, determines that there
is good cause; or
(ii) 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.
(C) An announcement made under this subparagraph shall be
published promptly in the Daily Digest and made publically
available in electronic form.
(D) This subparagraph and subparagraph (4) shall not apply
to the Committee on Rules.
(4) At least 24 hours prior to the commencement of a
meeting for the markup of legislation, or at the time of an
announcement under subparagraph (3)(B) made within 24 hours
before such meeting, the chair of the committee shall cause the
text of such legislation to be made publicly available in
electronic form.
(5) 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. Such statements, with appropriate
redactions to protect the privacy of the witness, shall be made
publicly available in electronic form not later than one day
after the witness appears.
(6)(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.
(7) This paragraph does not apply to hearings of the
Committee on Appropriations under clause 4(a)(1) of rule X.
Quorum requirements
(h)(1) A measure or recommendation may not be reported by a
committee unless a majority of the committee is actually
present.
(2) Each committee may fix the number of its members to
constitute a quorum for taking testimony and receiving
evidence, which may not be less than two.
(3) Each committee (other than the Committee on
Appropriations, the Committee on the Budget, and the Committee
on Ways and Means) may fix the number of its members to
constitute a quorum for taking any action other than one for
which the presence of a majority of the committee is otherwise
required, which may not be less than one-third of the members.
(4)(A) Each committee may adopt a rule authorizing the
chair 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 chair 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 chair 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 chair 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 chair 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 the testimony
of such witness 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 chair of the committee, or a member designated by
the chair, 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 chair of the
committee under such rules and under such limitations as the
committee may prescribe. Authorized subpoenas shall be signed
by the chair of the committee or by a member designated by the
committee.
(ii) In the case of a subcommittee of the Committee
on Ethics, 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.
(n)(1) Each standing committee, or a subcommittee thereof,
shall hold at least one hearing during each 120-day period
following the establishment of the committee on the topic of
waste, fraud, abuse, or mismanagement in Government programs
which that committee may authorize.
(2) A hearing described in subparagraph (1) shall include a
focus on the most egregious instances of waste, fraud, abuse,
or mismanagement as documented by any report the committee has
received from a Federal Office of the Inspector General or the
Comptroller General of the United States.
(o) Each committee, or a subcommittee thereof, shall hold
at least one hearing in any session in which the committee has
received disclaimers of agency financial statements from
auditors of any Federal agency that the committee may authorize
to hear testimony on such disclaimers from representatives of
any such agency.
(p) Each standing committee, or a subcommittee thereof,
shall hold at least one hearing on issues raised by reports
issued by the Comptroller General of the United States
indicating that Federal programs or operations that the
committee may authorize are at high risk for waste, fraud, and
mismanagement, known as the ``high-risk list'' or the ``high-
risk series.''
* * * * *
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 chair 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 chair 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) If requests are made by more of the media than
will be permitted by a committee or subcommittee chair
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. Reports--Rule XIII, Clauses 2, 3 and 4 of the House
Filing and printing of reports
2. (a)(1) Except as provided in subparagraph (2), all
reports of committees (other than those filed from the floor)
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 (other than
those filed as privileged) 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 chair 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 chair 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 or clause 6 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 Ethics.
(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) 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.
(2)(A) In subparagraph (1) 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 (1) does not apply to the Committee on
Appropriations, the Committee on House Administration, the
Committee on Rules, or the Committee on Ethics, 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.
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 United States 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. 1001. Statements or Entries Generally
(a) Except as otherwise provided in this section, whoever,
in any matter within the jurisdiction of the executive,
legislative, or judicial branch of the Government of the United
States, knowingly and willfully--
(1) falsifies, conceals, or covers up by any trick,
scheme, or device a material fact;
(2) makes any materially false, fictitious, or
fraudulent statement or representation; or
(3) makes or uses any false writing or document
knowing the same to contain any materially false,
fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5
years or, if the offense involves international or domestic
terrorism (as defined in section 2331), imprisoned not more
than 8 years, or both. If the matter relates to an offense
under chapter 109A, 109B, 110, or 117, or section 1591, then
the term of imprisonment imposed under this section shall be
not more than 8 years.
(b) Subsection (a) does not apply to a party to a judicial
proceeding, or that party's counsel, for statements,
representations, writings or documents submitted by such party
or counsel to a judge or magistrate in that proceeding.
(c) With respect to any matter within the jurisdiction of
the legislative branch, subsection (a) shall apply only to--
(1) administrative matters, including a claim for
payment, a matter related to the procurement of
property or services, personnel or employment
practices, or support services, or a document required
by law, rule, or regulation to be submitted to the
Congress or any office or officer within the
legislative branch; or
(2) any investigation or review, conducted pursuant
to the authority of any committee, subcommittee,
commission or office of the Congress, consistent with
applicable rules of the House or Senate.
G. 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, imprisoned not more than 5
years or, if the offense involves international or domestic
terrorism (as defined in section 2331), imprisoned not more
than 8 years, or both.
H. 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.
I. 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.
J. 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.
K. 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 Government
Accountability 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 and 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.
L. 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, to the extent practicable, to members of Congress
in evaluating the information obtained from the sources
in the directory.
(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
obligate and expend, apportionment and reserve actions, and
obligations and expenditures. The Comptroller General and the
Director shall maintain the file and an index to the file 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.)