[Congressional Record Volume 165, Number 39 (Tuesday, March 5, 2019)]
[House]
[Pages H2353-H2357]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     PUBLICATION OF COMMITTEE RULES


 rules of the committee on oversight and reform for the 116th congress

                                         House of Representatives,


                            Committee on Oversight and Reform,

                                    Washington, DC, March 4, 2019.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: Pursuant to clause 2(a)(2) of House 
     rule XI, the Committee on

[[Page H2354]]

     Oversight and Reform adopted its rules for the 116th Congress 
     on January 29, 2019, and I submit them now for publication in 
     the Congressional Record.
           Sincerely,
                                               Elijah E. Cummings,
                                                         Chairman.
       Enclosure.


                            Rule 1.--General

       (a) Rules of the House. The Rules of the House are the 
     rules of the Committee on Oversight and 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 three calendar days (excluding Saturdays, Sundays, 
     and legal holidays, unless the House is in session on such 
     days) before each meeting or hearing explaining: (1) the 
     purpose of the meeting or hearing; and (2) the names, titles, 
     background and reasons for appearance of any witnesses. The 
     Ranking Minority Member shall be responsible for providing 
     the same information on witnesses whom the minority may 
     request.
       (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 pursuant to this 
     process.


                            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(1) 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 five subcommittees of the Committee, 
     with appropriate party ratios, as follows:
       (A) Subcommittee on Civil Rights and Civil Liberties, which 
     has oversight jurisdiction over: issues related to civil 
     rights, civil liberties and the equal protection of laws, 
     including voting rights, freedom of religion, speech, press, 
     and assembly; equal employment; nondisclosure agreements; and 
     criminal justice reform policies; and legislative and 
     oversight jurisdiction over the Census Bureau and the Census.
       (B) Subcommittee on Economic and Consumer Policy, which 
     shall have oversight jurisdiction over: income inequality and 
     policies that affect the growth and prosperity of the middle 
     class, including education, housing, labor, trade, small 
     business, agriculture; securities regulation; consumer 
     protection; private sector information technology security, 
     policy, and management; intellectual property; 
     telecommunications; and federal acquisition policy unrelated 
     to national security and information technology.
       (C) Subcommittee on Environment, which shall have oversight 
     jurisdiction over: global climate change; environmental 
     protection, public lands, endangered species, air and water 
     quality; oceans; public health; conservation; international 
     agreements; energy policy, research and development; and 
     oversight and legislative jurisdiction over regulatory 
     affairs and federal paperwork reduction.
       (D) Subcommittee on Government Operations, which shall have 
     legislative and oversight jurisdiction over: the federal 
     civil service; whistleblower protections; the U.S. Postal 
     Service; government management and accounting measures; the 
     economy, efficiency, and management of government operations 
     and activities; government reorganization; intergovernmental 
     affairs, including with state and local governments; federal 
     information technology security, acquisition policy, and 
     management; and federal property.
       (E) Subcommittee on National Security, which shall have 
     oversight jurisdiction over: national security; homeland 
     security; foreign operations, including the relationships of 
     the United States with other nations; immigration; defense; 
     issues affecting veterans; and oversight and legislative 
     jurisdiction over federal acquisition policy related to 
     national security.
       (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

[[Page H2355]]

     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). The Chair of the 
     Committee or subcommittee shall make an opening statement 
     as set forth in House Rule XI, clause 2(k)(1). In 
     addition, the Ranking Minority Member of the Committee or 
     subcommittee may make an opening statement. 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 conclusion of the members' opening statements as 
     determined by the Chair for the majority members and the 
     Ranking Minority Member for the minority members. Other 
     members will be recognized based on their arrival at the 
     hearing. 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, 
     including the Executive Office of the President, 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 the 
     Committee's oversight plan as required by House Rule X, 
     clause 2(d);
       (d) Report to the House by April 15 in the first session of 
     Congress, after consultation with the Speaker, the Majority 
     Leader, and the Minority Leader, the 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 
     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

[[Page H2356]]

     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. All members 
     shall also receive three calendar days' written notice 
     (excluding Saturdays, Sundays, and legal holidays, unless the 
     House is in session on such days) that a deposition has been 
     scheduled, except in exigent circumstances. Depositions may 
     continue from day to day.
       (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 calendar days' 
     notice (excluding Saturdays, Sundays, and legal holidays, 
     unless the House is in session on such days), and a copy of a 
     proposed deposition subpoena, if applicable, before any 
     deposition is taken.
       (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) Joint Depositions. The Chair of the Committee may 
     designate a deposition as part of a joint investigation 
     between committees, and in that case, provide notice to 
     members of both committees.
       (g) Who May Question. A deposition shall be conducted by 
     any member or counsel designated by the Chair of the 
     Committee or Ranking Minority Member of the Committee. When 
     depositions are conducted by Committee counsel, there shall 
     be no more than two Committee counsel permitted to question a 
     witness per round. One of the Committee counsel 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 counsel conducting the deposition 
     agree to a different length of questioning. In each round, 
     the member(s) or Committee counsel designated by the Chair of 
     the Committee shall ask questions first, and the member(s) or 
     Committee counsel 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 
     refused to answer a question to preserve a privilege, members 
     or staff may (i) proceed with the deposition, or (ii) either 
     at that time or at a subsequent time, seek a ruling from the 
     Chair either by telephone or otherwise. If the Chair of the 
     Committee overrules any such objection during the deposition, 
     the witness shall be ordered to answer. If following the 
     deposition's recess, 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, or orally during the 
     proceeding as reflected in the record, 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 after 
     the witness has been notified of the opportunity to review 
     the transcript, 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 in advance 
     regarding the release of deposition testimony, transcripts, 
     or recordings, and portions thereof. If either objects in 
     writing to a proposed release of a deposition testimony, 
     transcript or recording, 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 and Privilege 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.
       (c) Privileges. The Chair of the Committee has the 
     authority to rule on assertions of privilege.
       (1) For the Chair to consider assertions of privilege over 
     testimony or statements, witnesses or entities must clearly 
     state the specific privilege being asserted and the reason 
     for the assertion on or before the scheduled date of 
     testimony or appearance, or upon a demand from the Chair of 
     the Committee that provides for a subsequent due date.
       (2) For the Chair to consider an assertion of privilege 
     over a document, on or before the scheduled date of testimony 
     or appearance, or upon a demand from the Chair of the 
     Committee that provides for a subsequent due date, the 
     assertion must be set forth in a privilege log that includes 
     the following information for each document for which a

[[Page H2357]]

     privilege is asserted: (a) every privilege asserted; (b) the 
     type of document; (c) the general subject matter; (d) the 
     date, author, addressee, and any other recipients; (e) the 
     relationship of the author and addressee to each other; and 
     (f) the basis for the privilege asserted.
       (3) The only assertions of executive privilege that the 
     Chair of the Committee will consider are those made in 
     writing by an executive branch official authorized to assert 
     the privilege.
       (4) The Chair of the Committee may waive or modify any of 
     the requirements of this rule in order to facilitate 
     cooperation.

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