[House Prints, 115th Congress]
[From the U.S. Government Publishing Office]
[COMMITTEE PRINT]
115th Congress }
HOUSE OF REPRESENTATIVES
1st Session }
_______________________________________________________________________
RULES
of the
COMMITTEE ON OVERSIGHT
AND GOVERNMENT REFORM
HOUSE OF REPRESENTATIVES
together with
SELECTED RULES OF THE
HOUSE OF REPRESENTATIVES
and
SELECTED STATUTES OF INTEREST
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
2017
Printed for the use of the Committee on Oversight and
Government Reform
115th Congress }
HOUSE OF REPRESENTATIVES
1st Session }
_______________________________________________________________________
RULES
of the
COMMITTEE ON OVERSIGHT
AND GOVERNMENT REFORM
HOUSE OF REPRESENTATIVES
together with
SELECTED RULES OF THE
HOUSE OF REPRESENTATIVES
and
SELECTED STATUTES OF INTEREST
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
2017
Printed for the use of the Committee on Oversight and Government
Reform
______
U.S. GOVERNMENT PUBLISHING OFFICE
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COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM
TREY GOWDY, South Carolina, Chairman
John J. Duncan, Jr., Tennessee Elijah E. Cummings, Maryland,
Darrell E. Issa, California Ranking Minority Member
Jim Jordan, Ohio Carolyn B. Maloney, New York
Mark Sanford, South Carolina Eleanor Holmes Norton, District of
Justin Amash, Michigan Columbia
Paul A. Gosar, Arizona Wm. Lacy Clay, Missouri
Scott DesJarlais, Tennessee Stephen F. Lynch, Massachusetts
Blake Farenthold, Texas Jim Cooper, Tennessee
Virginia Foxx, North Carolina Gerald E. Connolly, Virginia
Thomas Massie, Kentucky Robin L. Kelly, Illinois
Mark Meadows, North Carolina Brenda L. Lawrence, Michigan
Ron DeSantis, Florida Bonnie Watson Coleman, New Jersey
Dennis A. Ross, Florida Stacey E. Plaskett, Virgin Islands
Mark Walker, North Carolina Val Butler Demings, Florida
Rod Blum, Iowa Raja Krishnamoorthi, Illinois
Jody B. Hice, Georgia Jamie Raskin, Maryland
Steve Russell, Oklahoma Peter Welch, Vermont
Glenn Grothman, Wisconsin Matt Cartwright, Pennsylvania
Will Hurd, Texas Mark DeSaulnier, California
Gary J. Palmer, Alabama Jimmy Gomez, California
James Comer, Kentucky
Paul Mitchell, Michigan
Greg Gianforte, Montana
Sheria Clarke, Staff Director
Robert Borden, Deputy Staff Director
William H.W. McKenna, General Counsel & Parliamentarian
Laura Rush, Chief Clerk
David Rapallo, Minority Staff Director
C O N T E N T S
__________
Page
I. Rules of the Committee on Oversight and Government Reform.........1
Rule 1.--General......................................... 1
Rule 2.--Meetings........................................ 1
Rule 3.--Quorums......................................... 2
Rule 4.--Committee Reports............................... 2
Rule 5.--Record Votes.................................... 3
Rule 6.--Subcommittees; Referrals........................ 3
Rule 7.--Subcommittee Hearing and Meeting Procedure...... 4
Rule 8.--Staff........................................... 5
Rule 9.--Hearings........................................ 5
Rule 10.--Committee Records, Open Meetings, Transparency. 6
Rule 11.--Audio and Visual Coverage of Committee
Proceedings.......................................... 6
Rule 12.--Additional Duties of the Chair of the Committee 7
Rule 13.--Consideration of Certain Bills and Resolutions. 8
Rule 14.--Panels and Task Forces......................... 8
Rule 15.--Deposition Authority........................... 8
Rule 16.--Witness Procedure.............................. 10
II. Selected Rules of the House of Representatives...................13
A. 1. Powers and Duties of the Committee--Rule X of the
House................................................ 13
2. General Oversight Responsibilities--Rule X, Clauses
2 and 3 of the House............................... 14
3. Additional Functions of Committees--Rule X, Clause
4 of the House and H. Res. 5....................... 17
B. Procedures of Committees and Unfinished Business--Rule
XI of the House...................................... 19
C. Reports_Selected Excerpts from Rule XIII, Clauses 2, 3
and 4 of the House................................... 32
III.Selected Matters of Interest.....................................37
A. 2 U.S.C. Sec. 191. Oaths to witnesses................. 37
B. 2 U.S.C. Sec. 192. Refusal of witness to testify or
produce papers....................................... 37
C. 2 U.S.C. Sec. 193. Privilege of witnesses............. 37
D. 2 U.S.C. Sec. 194. Certification of failure to testify
or produce; grand jury action........................ 37
E. 5 U.S.C. Sec. 552a. Privacy Act exemptions............ 38
F. 5 U.S.C. Sec. 2302. Prohibited personnel practices.... 39
G. 5 U.S.C. Sec. 2954. Information to committees of
Congress on request.................................. 39
H. 5 U.S.C. Sec. 7211. Employees' right to petition
Congress............................................. 40
I. 18 U.S.C. Sec. 1001. Statements or entries generally.. 40
J. 18 U.S.C. Sec. 1505. Obstruction of proceedings before
departments, agencies, and committees................ 40
K. 18 U.S.C. Sec. 1621. Perjury generally................ 41
L. 18 U.S.C. Sec. 6005. Congressional proceedings........ 41
M. 28 U.S.C. Sec. 535. Investigation of crimes involving
Government officers and employees; limitations....... 42
N. 31 U.S.C. Sec. 712. Investigating the use of public
money................................................ 42
O. 31 U.S.C. Sec. 717. Evaluating programs and activities
of the United States Government...................... 42
P. 31 U.S.C. Sec. 719. Comptroller General reports....... 43
Q. 31 U.S.C. Sec. 1113. Congressional information........ 43
I. RULES OF THE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM
U.S. House of Representatives
115th Congress
----------
Rule 1.--General
(a) Rules of the House. The Rules of the House are the
rules of the Committee on Oversight and Government Reform
(``the Committee'') and its subcommittees so far as applicable.
(b) Application of the Rules. Except where the terms ``the
Committee'' and ``subcommittee'' are specifically referred to,
the following rules shall apply to the Committee and its
subcommittees as well as to their respective chairs, ranking
minority members, members, and staff.
Rule 2.--Meetings
(a) Regular Meetings. The regular meetings of the Committee
shall be held on the second Thursday of each month at 10 a.m.,
when the House is in session. The Chair of the Committee is
authorized to dispense with a regular meeting or to change the
date thereof when circumstances warrant.
(b) Additional and Special Meetings. The Chair of the
Committee may 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).
(c) Subcommittee Meetings. Each subcommittee shall meet at
the call of its chair, subject to Rule 7.
(d) Presiding Member. The chair of the Committee or a
subcommittee shall preside over each meeting and hearing
thereof (``the presiding member''). If the chair of the
Committee or a subcommittee is not present during a meeting or
hearing thereof, the Vice Chair of the Committee or
subcommittee, designated pursuant to House Rule XI, clause
2(d), shall serve as the presiding member during the absence of
the chair. If the chair and vice chair of the Committee or a
subcommittee are not present during a meeting or hearing
thereof, the ranking member of the majority party on the
Committee or subcommittee who is present shall serve as the
presiding member during the absence of the chair and vice
chair.
(e) Notice. The chair of the Committee or a subcommittee
shall announce the date, place, and subject matter of a meeting
or hearing pursuant to House Rule XI, clause 2(g)(3)(A).
(f) Agenda. Every member of the Committee, unless prevented
by unusual circumstances, shall be provided with a memorandum
at least 72 hours 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.
(g) Availability of Text. To the maximum extent
practicable, amendments to a measure or matter shall be
submitted in writing or electronically to the designee of the
chair and ranking minority member of the Committee or a
subcommittee at least 24 hours prior to its consideration of
the measure or matter. The chair may exercise discretion to
give priority to amendments submitted in advance.
Rule 3.--Quorums
(a) Generally. A majority of the members of the Committee
or a subcommittee shall form a quorum for the Committee or
subcommittee, respectively, 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 or subcommittee is otherwise
required.
(b) Subcommittee Field Hearings. The Chair of the Committee
may, at the request of a subcommittee chair, make a temporary
assignment of any member of the Committee to such subcommittee
for the purpose of constituting a quorum at and participating
in any public hearing by such subcommittee to be held outside
of Washington, DC. A member appointed to such temporary
positions shall not be a voting member. The Chair of the
Committee shall give reasonable notice of such temporary
assignment to the ranking minority member of the Committee and
of the respective subcommittee.
Rule 4.--Committee Reports
(a) Bills and Resolutions. Each bill or resolution approved
by the Committee shall be reported by the Chair of the
Committee pursuant to House Rule XIII, clauses 2-4.
(b) Approval of Investigative and Oversight Reports. Only
those investigative or oversight reports approved by a majority
vote of the Committee at a meeting at which a quorum is present
may be ordered printed, unless otherwise required by the Rules
of the House of Representatives.
(c) Notice of Investigative and Oversight Reports. 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 a
hearing has been held on the matter reported upon, every
reasonable effort shall be made to have such hearing printed
and available to the members of the Committee before the
consideration of the proposed report in the Committee.
(d) Additional Views. If at the time of approval of a
report, a member of the Committee gives notice of intent to
file supplemental, minority, additional, or dissenting views
any member of the Committee shall be entitled to file such
views following House Rule XI, clause 2(l) and Rule XIII,
clause 3(a)(1).
Rule 5.--Record Votes
(a) Request for Record Vote. 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) Postponement of a Record Vote. Pursuant to House Rule
XI, clause 2 (h)(4), the presiding member at a meeting 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 chair shall
take reasonable steps to notify members on the resumption of
proceedings on any postponed record vote.
Rule 6.--Subcommittees; Referrals
(a)(1) There shall be six subcommittees of the Committee,
with appropriate party ratios, as follows:
(A) Subcommittee on Government Operations,
which shall have legislative and oversight
jurisdiction over: government management and
accounting measures; the economy, efficiency,
and management of government operations and
activities; procurement; federal property;
public information; federal records; federal
civil service; government reorganizations; the
U.S. Postal Service; the National Archives; the
Census Bureau; and the District of Columbia.
(B) Subcommittee on Healthcare, Benefits, and
Administrative Rules, which shall have
oversight jurisdiction over: health care
policy, administration, and programs;
regulatory affairs; government-wide rules and
regulations; financial services; and the
administration and solvency of benefit and
entitlement programs; and legislative
jurisdiction over regulatory affairs and
federal paperwork reduction.
(C) Subcommittee on the Interior, Energy, and
Environment, which shall have oversight
jurisdiction over energy policy, public lands,
environmental policy, fish and wildlife,
mining, energy development, pollution, and
related regulations.
(D) Subcommittee on Information Technology,
which shall have oversight jurisdiction over:
information security, including cybersecurity
and federal information security; information
technology policy, management, and procurement;
emerging technologies; intellectual property;
telecommunications; and privacy.
(E) Subcommittee on Intergovernmental
Affairs, which shall have legislative and
oversight jurisdiction over the relationship
between the federal government and states and
municipalities, including unfunded mandates,
federal regulations, grants, and programs.
(F) Subcommittee on National Security, which
shall have oversight jurisdiction over:
national security, homeland security, foreign
operations, including the relationships between
the United States and international
organizations of which the United States is a
member, immigration, defense, and criminal
justice.
(2) In addition, each subcommittee shall have
specific responsibility for such other measures or
matters as the Chair of the Committee refers to it.
(3) Each subcommittee with legislative jurisdiction
shall review and study, on a continuing basis, the
application, administration, execution, and
effectiveness of those laws, or parts of laws, the
subject matter of which is within its general
responsibility.
(b) Referrals. Bills, resolutions, and other matters may be
expeditiously referred by the Chair of the Committee to
subcommittees, as appropriate in the determination of the Chair
of the Committee, for consideration or investigation in
accordance with subcommittees' jurisdictions. Bills,
resolutions, and other matters referred to subcommittees may be
re-referred or discharged by the Chair of the Committee when,
in the judgment of the Chair, the subcommittee is not able to
complete its work or cannot reach agreement therein.
(c) Membership. The Chair of the Committee shall assign
members to the subcommittees and shall designate the chair and
vice-chair of each subcommittee. Minority party assignments,
including designation of the ranking minority member of each
subcommittee, shall be made only with the concurrence of the
Ranking Minority Member of the Committee.
(d) Ex Officio Membership. The Chair of the Committee and
the Ranking Minority Member of the Committee shall be ex
officio members of all subcommittees. They are authorized to
vote on subcommittee matters; but, unless they are regular
members of the subcommittee, they shall not be counted in
determining a subcommittee quorum other than a quorum for
taking testimony.
Rule 7.--Subcommittee Hearing and Meeting Procedure
(a) Generally. Each subcommittee is authorized to meet,
hold hearings, receive testimony, markup legislation, and
report to the Committee on any measure or matter referred to
it.
(b) During Committee Meetings and Hearings. No subcommittee
may meet or hold a hearing at the same time as a meeting or
hearing of the Committee.
(c) Scheduling. Each subcommittee chair shall set hearing
and meeting dates only with the approval of the Chair of the
Committee with a view toward assuring the availability of
meeting rooms and avoiding simultaneous scheduling of meetings
or hearings.
Rule 8.--Staff
(a) Employment Authority. Except as otherwise provided by
House Rule X, clauses 6, 7 and 9, the Chair of the Committee
shall have the authority to hire and discharge employees of the
professional and clerical staff of the Committee and
subcommittees.
(b) Duties. Except as otherwise provided by House Rule X,
clauses 6, 7 and 9, the staff of the Committee and
subcommittees shall be subject to the direction of the Chair of
the Committee and shall perform such duties as the Chair of the
Committee may assign.
Rule 9.--Hearings
(a) Generally. Hearings shall be conducted according to the
procedures in House Rule XI, clause 2(k). All questions put to
witnesses before the Committee or a subcommittee shall be
relevant to the subject matter before the Committee or
subcommittee for consideration, and the presiding member shall
rule on the relevance of any question put to a witness.
(b) Recognition and Order of Questioning. A member may
question witnesses only when recognized by the presiding member
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 presiding member
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 presiding member.
(c) Extended Questioning. The presiding member, or the
Committee or subcommittee by motion, may permit a specified
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.
(d) Staff Questioning. The presiding member, or the
Committee or subcommittee by motion, may permit Committee or
subcommittee 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.
(e) Time for Questioning. Nothing in paragraph (c) or (d)
affects the rights of a member (other than a member designated
under paragraph (c)) to question a witness for 5 minutes in
accordance with paragraph (b). In any extended questioning
permitted under paragraph (c) or (d), the presiding member
shall determine how to allocate the time permitted for extended
questioning by majority members or staff, and the ranking
minority member shall determine how to allocate the time
permitted for extended questioning by minority members or
staff.
(f) Witness Statements. Witnesses appearing before the
Committee or a subcommittee shall, so far as practicable,
submit written statements at least 24 hours before their
appearance.
(g) Oaths. The presiding member may administer oaths to any
witness before the Committee or subcommittee. All witnesses
appearing in hearings may be administered the following oath by
the presiding member 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) Generally. The Committee and subcommittee staff shall
maintain in the Committee offices a complete record of
Committee and subcommittee actions from the current Congress
including a record of the roll call votes taken at 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) Transcripts of Proceedings. A stenographic record of
all testimony shall be kept of public hearings and shall be
made available on such conditions as the Chair of the Committee
may prescribe.
(c) Open Meetings. Meetings and hearings shall be open to
the public or closed in accordance with the Rules of the House
of Representatives.
(d) Committee Website. The Chair of the 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 Chair of
the Committee shall ensure that Committee records are made
available on the Committee's official website in appropriate
formats.
(e) Minority Website. The Ranking Minority Member of the
Committee is authorized to maintain an official website on
behalf of the minority members of the Committee for the same
purpose as in paragraph (d), including communicating
information about the activities of the minority to Committee
members and other members of the House.
(f) Archived Records. The records of the Committee at the
National Archives and Records Administration shall be made
available for public use in accordance with rule VII of the
Rules of the House. The Chair shall notify the Ranking Minority
Member of any decision, pursuant to clause 3(b)(3) or clause
4(b) of the rule, to withhold a record otherwise available, and
the matter shall be presented to the Committee for a
determination on written request of any member of the
Committee.
Rule 11.--Audio and Visual Coverage of Committee Proceedings
(a) Generally. An open meeting or hearing 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) Committee Broadcast System. 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 and the Committee. 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) Other Coverage. 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 Chair of the Committee may, with the
concurrence of the Ranking Minority Member of the Committee,
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 the Chair of the Committee
The Chair of the 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--
(1) the impact or probable impact of tax policies
affecting subjects within the Committee's jurisdiction,
as required by House Rule X, clause 2(c);
(2) the operation of Government activities at all
levels with a view to determining their economy and
efficiency, as required by House Rule X, clause 3(i);
(3) the effect of laws enacted to reorganize the
legislative and executive branches of the Government,
as required by House Rule X, clause 4(c)(1)(B); and
(4) 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,
as required by House Rule X, clause 4(c)(1)(C);
(c) Submit to the Committee on House Administration and the
Committee on Appropriations the Committee's authorization and
oversight plan as required by House Rule X, clause 2(d);
(d) Report to the House by March 31 in the first session of
Congress, after consultation with the Speaker, the Majority
Leader, and the Minority Leader, the authorization and
oversight plans submitted by committees together with any
recommendations that the Committee or the House leadership
group described above may make to ensure the most effective
coordination of authorization and oversight plans and otherwise
achieve the objectives of House Rule X, clause 2;
(e) Submit to the House such recommendations as the
Committee considers necessary or desirable in connection with
the reports of the Comptroller General, as required by House
Rule X, clause 4(c)(1)(A);
(f) 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;
(g) 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;
(h) Prepare, after consultation with the Ranking Minority
Member of the Committee, a budget for the Committee;
(i) Make any necessary technical and conforming changes to
legislation reported by the Committee upon unanimous consent;
and
(j) Offer motions under clause 1 of Rule XXII of the Rules
of the House (motion to request or agree to a conference)
whenever the Chair of the Committee considers it appropriate.
Rule 13.--Consideration of Certain Bills and Resolutions
(a) Commemorative Stamps. 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) Postal Naming Bills. 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.
(c) Resolutions. The Chair of the Committee 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) Generally. The Chair of the Committee is authorized to
appoint panels or task forces to carry out the duties and
functions of the Committee.
(b) Ex Officio Membership. The Chair and Ranking Minority
Member of the Committee may serve as ex-officio members of each
panel or task force established under this Rule.
(c) Appointment of Leadership. The chair of any panel or
task force shall be appointed by the Chair of the Committee.
The Ranking Minority Member of the Committee shall select a
ranking minority member for each panel or task force.
(d) Application of Rules. 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) Termination. No panel or task force appointed under
this Rule shall continue in existence for more than six months.
A panel or task force appointed under this Rule may, upon the
expiration of six months, be reappointed by the chair.
Rule 15.--Deposition Authority
(a) Generally. The Chair of the Committee, upon
consultation with the Ranking Minority Member of the Committee,
may order the taking of depositions, under oath and pursuant to
notice or subpoena.
(b) Notices. Notices for the taking of depositions shall
specify the date, time, and place of examination (if other than
within the Committee offices).
(c) Oaths. Depositions shall be taken under oath
administered by a member or a person otherwise authorized to
administer oaths.
(d) Consultation. Consultation with the Ranking Minority
Member of the Committee 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.
(e) Attendance. 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 Chair of the Committee or the Ranking
Minority Member of the 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.
(f) Requirement of Member Attendance. At least one member
of the Committee shall be present at each deposition taken by
the Committee, unless--
(1) the witness to be deposed agrees in writing to
waive this requirement; or
(2) the Committee authorizes the taking of a
specified deposition pursuant to H. Res. 5 without the
presence of a member of the Committee during a
specified period, provided that the House is not in
session on the day of the deposition.
(g) Who May Question. A deposition shall be conducted by
any member or staff attorney designated by the Chair of the
Committee or Ranking Minority Member of the Committee. 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 Chair of the Committee and
the other by the Ranking Minority Member of the Committee.
Other Committee staff members designated by the Chair of the
Committee or Ranking Minority Member of the Committee may
attend, but may not pose questions to the witness.
(h) Order of Questions. 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 Chair of
the Committee shall ask questions first, and the member or
Committee staff attorney designated by the Ranking Minority
Member of the Committee shall ask questions second.
(i) Objections. 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 Chair
of the Committee may rule on any such objection after the
deposition has adjourned. If the Chair of the Committee
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 Chair, the
appeal shall be preserved for Committee consideration. A
deponent who refuses to answer a question after being directed
by the Chair in writing to answer may be subject to sanction,
except that no sanctions may be imposed if the ruling of the
Chair is reversed by the Committee on appeal.
(j) Record of Testimony. 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 Chair of the Committee.
Committee staff may make any typographical and technical
changes. 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.
(k) Transcription Requirements. 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, D.C. Depositions shall be considered to have
been taken in Washington, D.C., as well as the location
actually taken once filed there with the clerk of the Committee
for the Committee's use. The Chair of the Committee and the
Ranking Minority Member of the Committee shall be provided with
a copy of the transcripts of the deposition at the same time.
(l) Release. The Chair of the Committee and Ranking
Minority Member of the 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 Committee for
resolution.
(m) Provision of Rules to Witnesses. A witness shall not be
required to testify unless the witness has been provided with a
copy of the Committee's rules.
Rule 16.--Witness Procedure
(a) Witness Disclosures. Witnesses appearing at a hearing
of the Committee or a subcommittee 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), as well as the amount and source of payments or
contracts originating from foreign governments, insofar as they
relate to the subject matter of the hearing, received during
the current calendar year or either of the two previous
calendar years, by the witness or by an entity represented by
the witness.
(b) Representation by Counsel. When representing a witness
or entity before the Committee or a subcommittee in response to
a request or subpoena from the Committee, or in connection with
testimony before the Committee or a subcommittee, counsel for
the witness or entity must promptly submit to the Committee a
notice of appearance specifying the following: (1) counsel's
name, firm or organization, bar membership, and contact
information including email; and (2) each client or entity
represented by the counsel in connection with the proceeding.
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 (other than the Committee on
Appropriations, the Committee on Ethics, and the Committee on
Rules) shall, in a meeting that is open to the public, adopt
its authorization and oversight plan for that Congress. Such
plan shall be submitted simultaneously to the Committee on
Oversight and Government Reform, the Committee on House
Administration, and the Committee on Appropriations.
(2) Each such plan shall include, with respect to
programs and agencies within the committee's
jurisdiction, and to the maximum extent practicable--
(A) a list of such programs or agencies with
lapsed authorizations that received funding in
the prior fiscal year or, in the case of a
program or agency with a permanent
authorization, which has not been subject to a
comprehensive review by the committee in the
prior three Congresses;
(B) a description of each such program or
agency to be authorized in the current
Congress;
(C) a description of each such program or
agency to be authorized in the next Congress,
if applicable;
(D) a description of any oversight to support
the authorization of each such program or
agency in the current Congress; and
(E) recommendations for changes to existing
law for moving such programs or agencies from
mandatory funding to discretionary
appropriations, where appropriate.
(3) Each such plan may include, with respect to the
programs and agencies within the committee's
jurisdiction--
(A) recommendations for the consolidation or
termination of such programs or agencies that
are duplicative, unnecessary, or inconsistent
with the appropriate roles and responsibilities
of the Federal Government;
(B) recommendations for changes to existing
law related to Federal rules, regulations,
statutes, and court decisions affecting such
programs and agencies that are inconsistent
with the authorities of the Congress under
Article I of the Constitution; and
(C) a description of such other oversight
activities as the committee may consider
necessary.
(4) In the development of such plan, the chair of
each committee shall coordinate with other committees
of jurisdiction to ensure that programs and agencies
are subject to routine, comprehensive authorization
efforts.
(5) 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 authorization and 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
authorization and oversight plans and otherwise to
achieve the objectives of this clause.
(e) The Speaker, with the approval of the House, may
appoint special ad hoc oversight committees for the purpose of
reviewing specific matters within the jurisdiction of two or
more standing committees.
Special oversight functions
Clause 3 of Rule X also relates to oversight functions.
Paragraph (i) reads as follows:
* * * * *
(i) The Committee on Oversight and Government Reform shall
review and study on a continuing basis the operation of
Government activities at all levels with a view to determining
their economy and efficiency.
3. Additional Functions of Committees--Rule X, Clause 4 of the House
and H. Res. 5
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).
(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 timely.
Staff Deposition Authority.
Section 3(b) of H. Res. 5, adopted at the beginning of the
115th Congress, provides staff deposition authority to each
standing committee separate from the Committee's deposition
authority in House Rule X, clause 4. Section (3)(b) reads as
follows:
(1) During the One Hundred Fifteenth Congress, the
chair of a standing committee (other than the Committee
on House Administration or the Committee on Rules), and
the chair of the Permanent Select Committee on
Intelligence, upon consultation with the ranking
minority member of such committee, may order the taking
of depositions, including pursuant to subpoena, by a
member or counsel of such committee.
(2) Depositions taken under the authority prescribed
in this subsection shall be subject to regulations
issued by the chair of the Committee on Rules and
printed in the Congressional Record.
(3) At least one member of the committee shall be
present at each deposition taken under the authority
prescribed in this subsection, unless--
(A) the witness to be deposed agrees in
writing to waive this requirement; or
(B) the committee authorizes the taking of a
specified deposition without the presence of a
member during a specified period, provided that
the House is not in session on the day of the
deposition.
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, additional, or dissenting 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(k)(1) of
rule X.
(d)(1) Not later than January 2 of each odd-numbered year,
a committee shall submit to the House a 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 Congress;
(B) a summary of the authorization and oversight
plans submitted by the committee under clause 2(d) of
rule X;
(C) a summary of the actions taken and
recommendations made with respect to the authorization
and 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 the last regular
session of a Congress, or after December 15 of an even-numbered
year, whichever occurs first, the chair of a committee may file
the 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,
additional, or dissenting 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;
(C) shall in any event incorporate all of the
succeeding provisions of this clause to the extent
applicable; and
(D) shall include provisions to govern the
implementation of clause 4 as provided in paragraph (f)
of such clause.
(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 if notice is given
pursuant to paragraph (g)(3).
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. Such notice shall also be made publicly available
in electronic form and shall be deemed to satisfy paragraph
(g)(3)(A)(ii). 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 taken.
(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
publicly available in electronic form within 48 hours of such
record vote. Information so available 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 Ethics 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
records (including hearings, 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 Ethics, 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 publicly 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 Ethics 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 Ethics 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 Ethics
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, the Committee
on Homeland Security 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 week 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 publicly
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)(A) 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.
(B) 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 any Federal
grants or contracts, or contracts or payments originating with
a foreign government, received during the current calendar year
or either of the two previous calendar years by the witness or
by an entity represented by the witness and related to the
subject matter of the hearing.
(C) The disclosure referred to in subdivision (B) shall
include_
(i) the amount and source of each Federal grant (or
subgrant thereof) or contract (or subcontract thereof)
related to the subject matter of the hearing; and
(ii) the amount and country of origin of any payment
or contract related to the subject matter of the
hearing originating with a foreign government.
(D) Such statements, with appropriate redactions to protect
the privacy or security 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, additional, or dissenting 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, additional, or dissenting views for inclusion in the
report to the House thereon, all members 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
written and signed views 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 for any partisan political campaign
purpose or be made available for such use.
(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) Written rules adopted by each committee pursuant to
clause 2(a)(1)(D) 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--Selected Excerpts from 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 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, additional, or dissenting
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, additional, or dissenting 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,
additional, or dissenting 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, additional, or dissenting 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.
(5) On a bill or joint resolution that establishes or
reauthorizes a Federal program, a statement indicating
whether any such program is known to be duplicative of
another such program, including at a minimum an
explanation of whether any such program was included in
a report to Congress pursuant to section 21 of Public
Law 111-139 or whether the most recent Catalog of
Federal Domestic Assistance (published pursuant to
section 6104 of title 31, United States Code)
identified other programs related to the program
established or reauthorized by the measure.
(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 (showing by appropriate typographical devices the
omissions and insertions proposed)_
(A) the entire text of each section of a statute that
is proposed to be repealed; and
(B) a comparative print of each amendment to the
entire text of a section of a statute that the bill or
joint resolution proposes to make.
(2) If a committee reports a bill or joint resolution
proposing to repeal or amend a statute or part thereof with a
recommendation that the bill or joint resolution be amended,
the comparative print required by subparagraph (1) shall
reflect the changes in existing law proposed to be made by the
bill or joint resolution as proposed to be amended.
Availability of reports
4. (a)(1) Except as specified in subparagraph (2), it shall
not be in order to consider in the House a measure or matter
reported by a committee until the third calendar day (excluding
Saturdays, Sundays, or legal holidays except when the House is
in session on such a day) on which each report of a committee
on that measure or matter has been available to Members,
Delegates, and the Resident Commissioner.
(2) Subparagraph (1) does not apply to_
(A) a resolution providing a rule, joint rule, or
order of business reported by the Committee on Rules
considered under clause 6;
(B) a resolution providing amounts from the
applicable accounts described in clause 1(k)(1) of rule
X reported by the Committee on House Administration
considered under clause 6 of rule X;
(C) a resolution presenting a question of the
privileges of the House reported by any committee;
(D) a measure for the declaration of war, or the
declaration of a national emergency, by Congress; and
(E) a measure providing for the disapproval of a
decision, determination, or action by a Government
agency that would become, or continue to be, effective
unless disapproved or otherwise invalidated by one or
both Houses of Congress. In this subdivision the term
``Government agency'' includes any department, agency,
establishment, wholly owned Government corporation, or
instrumentality of the Federal Government or of the
government of the District of Columbia.
(b) A committee that reports a measure or matter shall make
every reasonable effort to have its hearings thereon (if any)
printed and available for distribution to Members, Delegates,
and the Resident Commissioner before the consideration of the
measure or matter in the House.
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. 552a. Privacy Act exemptions
(b) Conditions of Disclosure.--No agency shall disclose any
record which is contained in a system of records by any means
of communication to any person, or to another agency, except
pursuant to a written request by, or with the prior written
consent of, the individual to whom the record pertains, unless
disclosure of the record would be--
(1) to those officers and employees of the agency
which maintains the record who have a need for the
record in the performance of their duties;
(2) required under section 552 of this title;
(3) for a routine use as defined in subsection (a)(7)
of this section and described under subsection
(e)(4)(D) of this section;
(4) to the Bureau of the Census for purposes of
planning or carrying out a census or survey or related
activity pursuant to the provisions of title 13;
(5) to a recipient who has provided the agency with
advance adequate written assurance that the record will
be used solely as a statistical research or reporting
record, and the record is to be transferred in a form
that is not individually identifiable;
(6) to the National Archives and Records
Administration as a record which has sufficient
historical or other value to warrant its continued
preservation by the United States Government, or for
evaluation by the Archivist of the United States or the
designee of the Archivist to determine whether the
record has such value;
(7) to another agency or to an instrumentality of any
governmental jurisdiction within or under the control
of the United States for a civil or criminal law
enforcement activity if the activity is authorized by
law, and if the head of the agency or instrumentality
has made a written request to the agency which
maintains the record specifying the particular portion
desired and the law enforcement activity for which the
record is sought;
(8) to a person pursuant to a showing of compelling
circumstances affecting the health or safety of an
individual if upon such disclosure notification is
transmitted to the last known address of such
individual;
(9) to either House of Congress, or, to the extent of
matter within its jurisdiction, any committee or
subcommittee thereof, any joint committee of Congress
or subcommittee of any such joint committee;
(10) to the Comptroller General, or any of his
authorized representatives, in the course of the
performance of the duties of the Government
Accountability Office;
(11) pursuant to the order of a court of competent
jurisdiction; or
(12) to a consumer reporting agency in accordance
with section 3711(e) of title 31.
F. 5 U.S.C. Sec. 2302. Prohibited personnel practices
(b) Any employee who has authority to take, direct others
to take, recommend, or approve any personnel action, shall not,
with respect to such authority--(13) implement or enforce any
nondisclosure policy, form, or agreement, if such policy, form,
or agreement does not contain the following statement: ``These
provisions are consistent with and do not supersede, conflict
with, or otherwise alter the employee obligations, rights, or
liabilities created by existing statute or Executive order
relating to (1) classified information, (2) communications to
Congress, (3) the reporting to an Inspector General of a
violation of any law, rule, or regulation, or mismanagement, a
gross waste of funds, an abuse of authority, or a substantial
and specific danger to public health or safety, or (4) any
other whistleblower protection. The definitions, requirements,
obligations, rights, sanctions, and liabilities created by
controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling.''
This subsection shall not be construed to authorize the
withholding of information from Congress or the taking of any
personnel action against an employee who discloses information
to Congress. For purposes of paragraph (8), (i) any presumption
relating to the performance of a duty by an employee whose
conduct is the subject of a disclosure as defined under
subsection (a)(2)(D) may be rebutted by substantial evidence,
and (ii) a determination as to whether an employee or applicant
reasonably believes that such employee or applicant has
disclosed information that evidences any violation of law,
rule, regulation, gross mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and specific danger to
public health or safety shall be made by determining whether a
disinterested observer with knowledge of the essential facts
known to and readily ascertainable by the employee or applicant
could reasonably conclude that the actions of the Government
evidence such violations, mismanagement, waste, abuse, or
danger.
G. 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
Governmental Affairs 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.
H. 5 U.S.C. Sec. 7211. Employees' right to petition Congress
The right of employees, individually or collectively, to
petition Congress or a Member of Congress, or to furnish
information to either House of Congress, or to a committee or
Member thereof, may not be interfered with or denied.
I. 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 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.
J. 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.
K. 18 U.S.C. Sec. 1621. Perjury generally
Whoever--
(1) having taken an oath before a competent tribunal,
officer, or person, in any case in which a law of the
United States authorizes an oath to be administered,
that he will testify, declare, depose, or certify
truly, or that any written testimony, declaration,
deposition, or certificate by him subscribed, is true,
willfully and contrary to such oath states or
subscribes any material matter which he does not
believe to be true; or
(2) in any declaration, certificate, verification, or
statement under penalty of perjury as permitted under
section 1746 of title 28, United States Code, willfully
subscribes as true any material matter which he does
not believe to be true;
is guilty of perjury and shall, except as otherwise
expressly provided by law, be fined under this title or
imprisoned not more than five years, or both. This section is
applicable whether the statement or subscription is made within
or without the United States.
L. 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.
M. 28 U.S.C. Sec. 535. Investigation of crimes involving Government
officers and employees; limitations
* * * * * * *
(b) Any information, allegation, matter, or complaint
witnessed, discovered, or received in a department or agency of
the executive branch of the Government relating to violations
of Federal criminal law involving Government officers and
employees shall be expeditiously reported to the Attorney
General by the head of the department or agency, or the
witness, discoverer, or recipient, as appropriate, unless--
(1) the responsibility to perform an investigation
with respect thereto is specifically assigned otherwise
by another provision of law; or
(2) as to any department or agency of the Government,
the Attorney General directs otherwise with respect to
a specified class of information, allegation, or
complaint.
N. 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.
O. 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.
P. 31 U.S.C. Sec. 719. Comptroller General reports
* * * * * * *
(d) The Comptroller General shall report on analyses
carried out under section 712(3) of this title to the
Committees on Governmental Affairs and Appropriations of the
Senate, the Committees on Government Operations and
Appropriations of the House, and the committees with
jurisdiction over legislation related to the operation of each
executive agency.\1\
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\1\ For other requirements which relate to General Accounting
Office reports to Congress and which affect the committee, see secs.
232 and 236 of the Legislative Reorganization Act of 1970 (Public Law
91-150).
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* * * * * * *
(h) On request of a committee of Congress, the Comptroller
General shall explain to discuss with the committee or
committee staff a report the Comptroller General makes that
would help the committee--
(1) evaluate a program or activity of an agency
within the jurisdiction of the committee; or
(2) in its consideration of proposed legislation.
Q. 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; and
(d) To the extent they consider necessary, the Comptroller
General and the Director of the Congressional Budget Office
individually or jointly shall establish and maintain a file of
information to meet recurring needs of Congress for fiscal,
budget, and program information to carry out this section and
sections 717 and 1112 of this title. The file shall include
information on budget requests, congressional authorizations to
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.
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