[Congressional Record Volume 161, Number 2 (Wednesday, January 7, 2015)]
[Extensions of Remarks]
[Page E21]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          PROCEDURES FOR THE USE OF STAFF DEPOSITION AUTHORITY

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                           HON. PETE SESSIONS

                                of texas

                    in the house of representatives

                       Wednesday, January 7, 2015

  Mr. SESSIONS. Mr. Speaker, pursuant to section 3(b)(2) of House 
Resolution 5, 114th Congress, and section 4(c)(5)(B) of House 
Resolution 567, 113th Congress, I hereby submit the following 
regulations regarding the conduct of depositions by committee and 
select committee staff for printing in the Congressional Record:
  1. Notice for the taking of depositions shall specify the date, time, 
and place of examination (if other than within the committee offices). 
Depositions shall be taken under oath administered by a member or a 
person otherwise authorized to administer oaths.
  2. Consultation with the ranking minority member shall include three 
business days' notice before any deposition is taken. All members of 
the committee shall also receive three-business days notice that a 
deposition has been scheduled.
  3. 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 or ranking minority 
member, an official reporter, the witness, and the witness's counsel. 
Observers or counsel for other persons, or for agencies under 
investigation, may not attend.
  4. At least one member of the committee shall be present at each 
deposition taken by the committee, unless the witness to be deposed 
agrees in writing to waive this requirement.
  5. A deposition shall be conducted by any member or staff attorney 
designated by the chair or ranking minority member. When depositions 
are conducted by committee staff attorneys, there shall be no more than 
two committee staff attorneys permitted to question a witness per 
round. One of the committee staff attorneys shall be designated by the 
chair and the other by the ranking minority member. Other committee 
staff members designated by the chair or ranking minority member may 
attend, but may not pose questions to the witness.
  6. 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 shall ask questions first, and the member or committee staff 
attorney designated by the ranking minority member shall ask questions 
second.
  7. 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 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 to answer by the 
chair in writing may be subject to sanction, except that no sanctions 
may be imposed if the ruling of the chair is reversed on appeal.
  8. 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. 
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.
  9. The individual administering the oath, if other than a member, 
shall certify on the transcript that the witness was duly sworn. The 
transcriber shall certify that the transcript is a true record of the 
testimony, and the transcript shall be filed, together with any 
electronic recording, with the clerk of the committee in Washington, 
DC. Depositions shall be considered to have been taken in Washington, 
DC, as well as the location actually taken once filed there with the 
clerk of the committee for the committee's use. The chair and the 
ranking minority member shall be provided with a copy of the 
transcripts of the deposition at the same time.
  10. The chair and ranking minority member shall consult regarding the 
release of depositions. If either objects in writing to a proposed 
release of a deposition or a portion thereof, the matter shall be 
promptly referred to the committee for resolution.
  11. A witness shall not be required to testify unless the witness has 
been provided with a copy of rule XI of the Rules of the House of 
Representatives and these procedures.

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