    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 108th Congress]
    [108th Congress]
    [House Document 107-284]
    [Rules of the House of Representatives]
    [Pages 529-588]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                     Rule XI

    In general
                procedures of committees and unfinished business

    787. Committee procedure.

      1.  (a)(1)(A) Except as provided
    in subdivision (B), the Rules of the House are the rules of its
    committees and subcommittees so far as applicable.

      (B) A motion to recess from day to day, and a motion to dispense with
    the first reading (in full) of a bill or resolution, if printed copies
    are available, each shall be privileged in committees and subcommittees
    and shall be decided without debate.

      (2) 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.

      Paragraph (a)(1) was first adopted December 8, 1931 (VIII, 2215), and
    amended March 23, 1955 (pp. 3569, 3585). In the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144), paragraph (a)(2) was incorporated into the
    rules, together with the reference to subcommittees contained in
    paragraph (a)(1), having been contained in the Legislative
    Reorganization Act of 1970 (84 Stat. 1140). This clause was amended in
    the 99th Congress to allow a privileged motion in committee and
    subcommittee to dispense with the first reading of a measure where
    printed copies are available (H. Res. 7, Jan. 3, 1985, p. 393). Clerical
    and stylistic changes were effected when the House recodified its rules
    in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----). See
    Jefferson's Manual at Sec. 412, supra, for the requirement that a bill
    or resolution be read in full upon demand, prior to being read by
    paragraphs or sections for amendment.

    [[Page 530]]

      Each committee may appoint subcommittees (VI, 532), which should
    include majority and minority representation (IV, 4551), and confer on
    them powers delegated to the committee itself (VI, 532) except such
    powers as are reserved to the full committee by the Rules of the House;
    but express authority has also been given subcommittees by the House
    (III, 1754-1759, 1801, 2499, 2504, 2508, 2517; IV, 4548).

      As indicated in Sec. 369, supra, clause 1(a)(1)(A) enables standing
    and select committees to enforce in committee applicable House rules of
    decorum, such as clause 2 of rule I and rule XVII.

    Sec. 788. Investigative authority.

      (b)(1)  Each committee may
    conduct at any time such investigations and studies as it considers
    necessary or appropriate in the exercise of its responsibilities under
    rule X. Subject to the adoption of expense resolutions as required by
    clause 6 of rule X, each committee may incur expenses, including travel
    expenses, in connection with such investigations and studies.

      (2) A proposed investigative or oversight report shall be considered
    as read in committee if it has been available to the members for at
    least 24 hours (excluding Saturdays, Sundays, or legal holidays except
    when the House is in session on such a day).

      (3) A report of an investigation or study conducted jointly by more
    than one committee may be filed jointly, provided that each of the
    committees complies independently with all requirements for approval and
    filing of the report.

      (4) After an adjournment sine die of the last regular session of a
    Congress, an investigative or oversight report may be filed with the
    Clerk at any time, provided that a member who gives timely notice of
    intention to file supplemental, minority, or additional views shall be
    entitled to not less than seven calendar days in which to submit such
    views for inclusion in the report.

    [[Page 531]]

    of rule XI, eliminated the necessity that each committee obtain such
    authority each Congress by a separate resolution reported from the
    Committee on Rules. Paragraphs (b)(2), (b)(3), and (b)(4) were added in
    the 105th Congress (H. Res. 5, Jan. 7, 1997, p. 121).
    Clerical and stylistic changes were effected when the House recodified
    its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).

      Paragraph (b)(1) was incorporated into the rules under the Committee
    Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470), and, together with clauses 2(m) and 2(n)

    Sec. 789. Printing and binding.

      (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(i)(1) of rule X.

      Paragraph (c) was made part of the rules by the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470). In the 105th and 106th Congresses, it was
    amended to update a reference to the ``contingent fund'' (H. Res. 5,
    Jan. 7, 1997, p. 121; H. Res. 5, Jan. 6, 1999, p. ----).
    Clerical and stylistic changes were effected when the House recodified
    its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).

    Sec. 790. Activity reports.

      (d)(1)  Each committee shall
    submit to the House not later than January 2 of each odd-numbered year a
    report on the activities of that committee under this rule and rule X
    during the Congress ending at noon on January 3 of such year.

      (2) Such report shall include separate sections summarizing the
    legislative and oversight activities of that committee during that
    Congress.

    [[Page 532]]

    plan, a summary of any additional oversight activities undertaken by
    that committee, and any recommendations made or actions taken thereon.
      (3) The oversight section of such report shall include a summary of
    the oversight plans submitted by the committee under clause 2(d) of rule
    X, a summary of the actions taken and recommendations made with respect
    to each such

      (4) After an adjournment sine die of the last regular session of a
    Congress, the chairman of a committee may file an activities report
    under subparagraph (1) with the Clerk at any time and without approval
    of the committee, provided that--

          (A) a copy of the report has been available to each member of the
    committee for at least seven calendar days; and

          (B) the report includes any supplemental, minority, or additional
    views submitted by a member of the committee.

      The provisions of paragraph (d)(1) were first made requirements of the
    rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144,
    incorporating the provisions of sec. 118(b) of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140)), and effective on January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470) exemptions from
    the reporting requirements for the Committees on Appropriations, the
    Budget, House Administration, Rules, and Standards of Official Conduct
    were removed, so the paragraph from that point applied to all
    committees. The 104th Congress added paragraphs (d)(2) and (d)(3) to
    require that activity reports include separate sections on legislative
    and oversight activities, including a summary comparison of oversight
    plans and eventual recommendations and actions (sec. 203(b), H. Res. 6,
    Jan. 4, 1995, p. 467). Paragraph (d)(4) was added in the 105th Congress
    (H. Res. 5, Jan. 7, 1997, p. 121). Clerical and stylistic
    changes were effected when the House recodified its rules in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page 533]]

    Adoption of written rules
      Under the Unfunded Mandates Reform Act of 1995, the Committee on Rules
    is required to include in its activity report a separate item
    identifying all waivers of points of order relating to Federal mandates,
    listed by bill or joint resolution number and subject matter (sec.
    107(b), P.L. 104-4; 109 Stat. 63).

    791. Committee rules.

      2.  (a)(1) Each standing committee
    shall adopt written rules governing its procedure. Such rules--

          (A) shall be adopted in a meeting that is open to the public
    unless the committee, in open session and with a quorum present,
    determines by record vote that all or part of the meeting on that day
    shall be closed to the public;

          (B) may not be inconsistent with the Rules of the House or with
    those provisions of law having the force and effect of Rules of the
    House; and

          (C) shall in any event incorporate all of the succeeding
    provisions of this clause to the extent applicable.

      (2) Each committee shall submit its rules for publication in the
    Congressional Record not later than 30 days after the committee is
    elected in each odd-numbered year.

    [[Page 534]]

    mony. In overturning a perjury conviction, the court held that the
    unpublished committee rule was not valid. United States v. Reinecke, 524
    F.2d 435 (D.C. Cir. 1975). Clerical and stylistic changes were effected
    when the House recodified its rules in the 106th Congress (H. Res. 5,
    Jan. 6, 1999, p. ----).
      The requirement that standing committees adopt written rules was first
    incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144), having been included in the Legislative Reorganization
    Act of 1970 (84 Stat. 1140). Under the Committee Reform Amendments of
    1974, clause 2(a) became effective in essentially its present form on
    January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the
    94th Congress it was amended to permit a record vote to close the
    committee meeting at which committee rules are adopted only on the day
    of the meeting (H. Res. 5, Jan. 14, 1975, p. 20). In the 102d Congress
    it was amended to allow a committee 30 days after the election of its
    members, rather than after the convening of the Congress, to publish its
    rules in the Congressional Record (H. Res. 5, Jan. 3, 1991, p. 39). The
    provision requiring publication of committee rules in the Congressional
    Record derived from statute (2 U.S.C. 190a-2 (repealed 1979)). A court
    interpreted that statute to be mandatory in a case where a Senate
    committee failed to publish in the Record a rule regarding a quorum for
    the purpose of taking sworn testi

      Committees have historically adopted rules under which they function
    (I, 707; III, 1841, 1842; VIII, 2214). Committee rules are compiled by
    the Committee on Rules each Congress as a committee print. It is the
    responsibility of the committees, and not the House, to construe and
    enforce additional committee rules on the calling of committee meetings
    (Speaker Albert, July 22, 1974, pp. 24436-47). This provision requires a
    select committee to publish its adopted rules in the Record (June 25,
    1998, p. ----).

    Sec. 792. Committee procedure generally.

      Failure  to follow
    certain procedural requirements imposed on committees by this rule may
    invalidate committee actions. Violation of the requirements as to open
    meetings and hearings and other hearing irregularities improperly
    overruled (see clause 2(g)(5) of rule XI) or the prescribed committee
    procedures for reporting bills and resolutions (clause 2(h) of rule XI)
    may in some instances be the basis for a point of order in the House,
    resulting in the recommitment of the bill. However, a point of order
    does not ordinarily lie in the House against consideration of a bill by
    reason of defective committee procedures occurring prior to the time the
    bill is ordered reported to the House (Procedure, ch. 17,
    Sec. 11.1).

      Many of the procedures applicable to committees derive from
    Jefferson's Manual, which govern the House and its committees in all
    cases to which they are applicable (clause 1 of rule
    XXVIII). A committee may act only when together, and not by
    separate consultation and consent, nothing being the report (or
    recommendation) of the committee except what has been agreed to in
    committee actually assembled (see Jefferson's Manual at Sec. 407,
    supra). A measure before a committee for consideration must be read for
    amendment by section as in the House (see Jefferson's Manual at
    Sec. Sec. 412-414, supra), and reading of the measure and of amendments
    thereto must be in full. The procedures applicable in the House as in
    the Committee of the Whole (see Sec. Sec. 424 and 427, supra) generally
    apply to proceedings in committees of the House of Representatives,
    except that since a measure considered in committee must be read for
    amendment, a motion to limit debate under the five-minute rule in
    committee must be confined to the portion of the bill then pending. The
    previous question may only be moved on the measure in committee if the
    entire measure has been read, or considered as read, for amendment.

    [[Page 535]]

    Regular meeting days
      Committees generally conduct their business under the five-minute rule
    but may employ the ordinary motions which are in order in the House,
    such as under clause 4 of rule XVI, and may also employ the motion to
    limit debate under the five-minute rule on a proposition which has been
    read.

    793. Committee meetings.

      (b)  Each standing committee shall
    establish regular meeting days for the conduct of its business, which
    shall be not less frequent than monthly. Each such committee shall meet
    for the consideration of a bill or resolution pending before the
    committee or the transaction of other committee business on all regular
    meeting days fixed by the committee unless otherwise provided by written
    rule adopted by the committee.
    Additional and special meetings

      (c)(1) The chairman of each standing committee may call and convene,
    as he considers necessary, additional and special meetings of the
    committee for the consideration of a bill or resolution pending before
    the committee or for the conduct of other committee business, subject to
    such rules as the committee may adopt. The committee shall meet for such
    purpose under that call of the chairman.

    [[Page 536]]

    after the filing of the request) a majority of the members of the
    committee may file in the offices of the committee their written notice
    that a special meeting of the committee will be held. The written notice
    shall specify the date and hour of the special meeting and the measure
    or matter to be considered. The committee shall meet on that date and
    hour. Immediately upon the filing of the notice, the clerk of the
    committee shall notify all members of the committee that such special
    meeting will be held and inform them of its date and hour and the
    measure or matter to be considered. Only the measure or matter specified
    in that notice may be considered at that special meeting.
    Temporary absence of chairman
      (2) Three or more members of a standing committee may file in the
    offices of the committee a written request that the chairman call a
    special meeting of the committee. Such request shall specify the measure
    or matter to be considered. Immediately upon the filing of the request,
    the clerk of the committee shall notify the chairman of the filing of
    the request. If the chairman does not call the requested special meeting
    within three calendar days after the filing of the request (to be held
    within seven calendar days

      (d) A member of the majority party on each standing committee or
    subcommittee thereof shall be designated by the chairman of the full
    committee as the vice chairman of the committee or subcommittee, as the
    case may be, and shall preside during the absence of the chairman from
    any meeting. If the chairman and vice chairman of a committee or
    subcommittee are not present at any meeting of the committee or
    subcommittee, the ranking majority member who is present shall preside
    at that meeting.

    [[Page 537]]

    men of the committee and its subcommittees (sec. 223(c), H. Res. 6, Jan.
    4, 1995, p. 477). Clerical and stylistic changes were effected when the
    House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. ----).
      Paragraphs (b), (c), and (d) were first adopted on December 8, 1931
    (VIII, 2208), were amended on January 3, 1953 (p. 24), and were revised
    both by the Legislative Reorganization Act of 1970 (84 Stat. 1140) and
    in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). In the 102d
    Congress paragraph (d) was amended to provide that the ranking majority
    Member of each committee and subcommittee be designated as its vice
    chairman (H. Res. 5, Jan. 3, 1991, p. 39). In the 104th Congress
    paragraph (d) was amended to permit the chairman of a full committee to
    designate vice chair

      A committee scheduled to meet on stated days, when convened on such
    day with a quorum present may proceed to the transaction of business
    regardless of the absence of the chairman (VIII, 2213, 2214). A
    committee meeting being adjourned for lack of a quorum, a majority of
    the members of the committee may not, without the consent of the
    chairman, call a meeting of the committee on the same day (VIII, 2213).
    Committee records

    794. Required records.

      (e)(1)(A)  Each committee shall keep
    a complete record of all committee action which shall include--

          (i) in the case of a meeting or hearing transcript, a
    substantially verbatim account of remarks actually made during the
    proceedings, subject only to technical, grammatical, and typographical
    corrections authorized by the person making the remarks involved; and

          (ii) a record of the votes on any question on which a record vote
    is demanded.

    [[Page 538]]

    Sec. 795. Public availability.

      (B)(i)  Except as provided in
    subdivision (B)(ii) and subject to paragraph (k)(7), the result of each
    such record vote shall be made available by the committee for inspection
    by the public at reasonable times in its offices. Information so
    available for public inspection shall include a description of the
    amendment, motion, order, or other proposition, the name of each member
    voting for and each member voting against such amendment, motion, order,
    or proposition, and the names of those members of the committee present
    but not voting.

      (ii) The result of any record vote taken in executive session in the
    Committee on Standards of Official Conduct may not be made available for
    inspection by the public without an affirmative vote of a majority of
    the members of the committee.

    Sec. 796. Committee files.

      (2)(A)  Except as provided in
    subdivision (B), all committee hearings, records, data, charts, and
    files shall be kept separate and distinct from the congressional office
    records of the member serving as its chairman. Such records shall be the
    property of the House, and each Member, Delegate, and the Resident
    Commissioner shall have access thereto.

      (B) A Member, Delegate, or Resident Commissioner, other than members
    of the Committee on Standards of Official Conduct, may not have access
    to the records of that committee respecting the conduct of a Member,
    Delegate, Resident Commissioner, officer, or employee of the House
    without the specific prior permission of that committee.

    [[Page 539]]

      (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.

      The first sentence of paragraph (e)(1) was rewritten entirely in the
    104th Congress (sec. 206, H. Res. 6, Jan. 4, 1995, p. 475). Its
    predecessor, requiring a complete record of all committee actions,
    including votes on any question on which a roll call was demanded, was
    enacted as section 133(b) of the Legislative Reorganization Act of 1946
    (60 Stat. 812) and made part of the standing rules on January 3, 1953
    (p. 24). The requirement that committee roll calls be subject to public
    inspection was added by section 104(b) of the Legislative Reorganization
    Act of 1970 (84 Stat. 1140) and made a part of the rules in the 92d
    Congress (H. Res. 5, Jan. 22, 1971, p. 144). The qualified exception for
    the Committee on Standards of Official Conduct from the requirement of
    public availability of record votes was added in the 105th Congress
    (sec. 8, H. Res. 168, Sept. 18, 1997, p. ----). Effective on January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), the requirement
    that proxy votes in committee be made available for public inspection
    was eliminated from this paragraph since proxies were prohibited as of
    that date, but in the 94th Congress clause 2(f) of rule XI was amended
    to permit proxies in committee, and this paragraph was likewise amended
    to reinsert the requirement of availability for public inspection (H.
    Res. 5, Jan. 14, 1975, p. 20). When proxy voting was again eliminated in
    the 104th Congress, the reference thereto in the third sentence of
    paragraph (e)(1) was deleted (sec. 104(b), H. Res. 6, Jan. 4, 1995, p.
    463). Paragraph (e)(2) derives from section 202(d) of the Legislative
    Reorganization Act of 1946 (60 Stat. 812), was made a part of the rules
    in the 83d Congress (H. Res. 5, Jan. 3, 1953, p. 24), and was amended in
    the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to restrict the
    access of Members to certain records of the Committee on Standards of
    Official Conduct. Paragraph (e)(3) was added in the 101st Congress (H.
    Res. 5, Jan. 3, 1989, p. 72). Paragraph (e)(4) was added in the 105th
    Congress (H. Res. 5, Jan. 7, 1997, p. 121). Clerical and
    stylistic changes were effected when the House recodified its rules in
    the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page 540]]

    access to committee records and materials which are the property of the
    House does not necessarily apply to records within the possession of the
    executive branch which the members of the committee have been allowed to
    examine under limited conditions at the discretion of the executive
    agency in possession of such materials (Speaker O'Neill, July 31, 1980,
    p. 20765). Also, this clause does not apply to records (an executive
    communication not yet referred to committee) in the possession of the
    House (Sept. 9, 1998, p. ----). In the 105th Congress the House adopted
    a resolution restricting Members' access to documents received from an
    independent counsel (said to relate to possible grounds for impeachment
    of the President) and referred to the Committee on the Judiciary (H.
    Res. 525, Sept. 11, 1998, p. ----). Compare this clause with clause
    11(g)(3) of rule X, which only permits access of nonmembers of the
    Select Committee on Intelligence to classified information in the
    possession of that committee when authorized by that committee.
      A Member's right to access to committee records under this clause does
    not entitle him to make photostatic copies of such records (Speaker
    Rayburn, Aug. 14, 1957, pp. 14737-39), and such records may not be
    brought into the well of the House if the committee has not authorized
    such action (Speaker Rayburn, June 3, 1960, p. 11820). Furthermore, such
    access allows a Member to examine executive session materials only in
    committee rooms and does not permit a Member to copy or to take personal
    notes from such materials, to keep such notes or copies in his personal
    office files, or to release such materials to the public without the
    consent of the committee or subcommittee under clause 2(k)(7) of rule XI
    (Speaker O'Neill, Dec. 6, 1977, pp. 38470-73). This clause allowing all
    Members

      Although all Members have access to committee records
    under this clause, testimony or evidence taken in executive sessions of
    a committee is under the control and subject to the regulation of the
    committee and, under clause 2(k)(7) of rule XI (Sec. 803, infra), cannot
    be released without the consent of the committee (June 26, 1961, p.
    11233; see also Deschler, ch. 17, Sec. 18). A resolution
    directing a standing committee to release executive-session material
    referred to it as such by special rule of the House was held to propose
    a change in the rules and, therefore, not to constitute a question of
    the privileges of the House under rule IX (Sept. 23, 1998, p. ----).

    Prohibition against proxy voting
      In implementing clause 2(e), committees may prescribe regulations to
    govern the manner of access to their records, such as requiring
    examination only in committee rooms. See, for example, the rules of the
    Committees on the Budget, International Relations, and Armed Services,
    as compiled by the Committee on Rules.

    797. Ban on proxies.

      (f)  A vote by a member of a committee
    or subcommittee with respect to any measure or matter may not be cast by
    proxy.

    [[Page 541]]

      The 104th Congress adopted paragraph (f) in this form (sec. 104, H.
    Res. 6, Jan. 4, 1995, p. 463). An earlier form of the provision was
    enacted as section 106(b) of the Legislative Reorganization Act of 1970
    (84 Stat. 1140) and made part of the standing rules in the 92d Congress
    (H. Res. 5, Jan. 22, 1971, p. 144). Clerical and stylistic changes were
    effected when the House recodified its rules in the 106th Congress (H.
    Res. 5, Jan. 6, 1999, p. ----).

    Open meetings and hearings
      The original form of this paragraph permitted committees to adopt
    written rules permitting proxies in writing, designating the persons to
    execute them and specifying the measures or matters to which they
    applied. Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470), proxies in committee were prohibited, but in the 94th
    Congress (H. Res. 5, Jan. 14, 1975, p. 20), the rule was amended to
    permit proxies in committees with additional restrictions requiring an
    assertion that the grantor was absent on official business or otherwise
    unable to attend, requiring the Member to sign and date the proxy, and
    permitting general proxies for procedural matters.

    [[Page 542]]

    committee hearings, which are governed by clause 4(a)(1) of rule X or by
    subparagraph (2).

    798. Open meetings and hearings.

      (g)(1)  Each meeting for
    the transaction of business, including the markup of legislation, by a
    standing committee or subcommittee thereof (other than the Committee on
    Standards of Official Conduct or its subcommittees) shall be open to the
    public, including to radio, television, and still photography coverage,
    except when the committee or subcommittee, in open session and with a
    majority present, determines by record vote that all or part of the
    remainder of the meeting on that day shall be in executive session
    because disclosure of matters to be considered would endanger national
    security, would compromise sensitive law enforcement information, would
    tend to defame, degrade, or incriminate any person, or otherwise would
    violate a law or rule of the House. Persons, other than members of the
    committee and such noncommittee Members, Delegates, Resident
    Commissioner, congressional staff, or departmental representatives as
    the committee may authorize, may not be present at a business or markup
    session that is held in executive session. This subparagraph does not
    apply to open

      (2)(A) Each hearing conducted by a committee or subcommittee (other
    than the Committee on Standards of Official Conduct or its
    subcommittees) shall be open to the public, including to radio,
    television, and still photography coverage, except when the committee or
    subcommittee, in open session and with a majority present, determines by
    record vote that all or part of the remainder of that hearing on that
    day shall be closed to the public because disclosure of testimony,
    evidence, or other matters to be considered would endanger national
    security, would compromise sensitive law enforcement information, or
    would violate a law or rule of the House.

      (B) Notwithstanding the requirements of subdivision (A), in the
    presence of the number of members required under the rules of the
    committee for the purpose of taking testimony, a majority of those
    present may--

          (i) agree to close the hearing for the sole purpose of discussing
    whether testimony or evidence to be received would endanger national
    security, would compromise sensitive law enforcement information, or
    would violate clause 2(k)(5); or

          (ii) agree to close the hearing as provided in clause 2(k)(5).

    [[Page 543]]

    mittee on Standards of Official Conduct or its subcommittees) unless the
    House by majority vote authorizes a particular committee or
    subcommittee, for purposes of a particular series of hearings on a
    particular article of legislation or on a particular subject of
    investigation, to close its hearings to Members, Delegates, and the
    Resident Commissioner by the same procedures specified in this
    subparagraph for closing hearings to the public.
      (C) A Member, Delegate, or Resident Commissioner may not be excluded
    from non-
    participatory attendance at a hearing of a committee or subcommittee
    (other than the Com

      (D) The committee or subcommittee may vote by the same procedure
    described in this subparagraph to close one subsequent day of hearing,
    except that the Committee on Appropriations, the Committee on Armed
    Services, and the Permanent Select Committee on Intelligence, and the
    subcommittees thereof, may vote by the same procedure to close up to
    five additional, consecutive days of hearings.

    [[Page 544]]

    paragraph shall be published promptly in the Daily Digest and made
    available in electronic form.
      (3) The chairman of each committee (other than the Committee on Rules)
    shall make public announcement of the date, place, and subject matter of
    a committee hearing at least one week before the commencement of the
    hearing. If the chairman of the committee, with the concurrence of the
    ranking minority member, determines that there is good cause to begin a
    hearing sooner, or if the committee so determines by majority vote in
    the presence of the number of members required under the rules of the
    committee for the transaction of business, the chairman shall make the
    announcement at the earliest possible date. An announcement made under
    this sub

      (4) Each committee shall, to the greatest extent practicable, require
    witnesses who appear before it to submit in advance written statements
    of proposed testimony and to limit their initial presentations to the
    committee to brief summaries thereof. In the case of a witness appearing
    in a nongovernmental capacity, a written statement of proposed testimony
    shall include a curriculum vitae and a disclosure of the amount and
    source (by agency and program) of each Federal grant (or subgrant
    thereof) or contract (or subcontract thereof) received during the
    current fiscal year or either of the two previous fiscal years by the
    witness or by an entity represented by the witness.

      (5)(A) Except as provided in subdivision (B), a point of order does
    not lie with respect to a measure reported by a committee on the ground
    that hearings on such measure were not conducted in accordance with this
    clause.

      (B) A point of order on the ground described in subdivision (A) may be
    made by a member of the committee that reported the measure if such
    point of order was timely made and improperly disposed of in the
    committee.

      (6) This paragraph does not apply to hearings of the Committee on
    Appropriations under clause 4(a)(1) of rule X.

    [[Page 545]]

    93d Cong., pp. 6713-20). They were amended in the 94th Congress (H. Res.
    5, Jan. 14, 1975, p. 20), to limit to one day (in case of a committee
    meeting) or to one day plus one subsequent day (in the case of a
    hearing) the period during which a committee may close its session. They
    were again amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp.
    53-70), to require that a majority (rather than a quorum) be present
    when a committee or subcommittee votes to close a meeting or hearing and
    to provide that a noncommittee Member cannot be excluded from a hearing
    except by a vote of the House. However, subparagraph (2) was amended in
    the 96th Congress (H. Res. 5, Jan. 15, 1979, p. 8) to permit a majority
    of those present under the rules of the committee for the purpose of
    taking testimony (not less than two members as provided in clause
    2(h)(2) of rule XI) to vote to close a hearing either to discuss whether
    the testimony would endanger national security or would violate clause
    2(k)(5) of this rule, or to proceed to close the hearing as provided by
    clause 2(k)(5). In the 98th Congress subparagraph (2) was amended
    further to permit the Committees on Appropriations, Armed Services, and
    Intelligence, and their subcommittees, when voting in open session with
    a quorum present, to close a hearing on that particular day and for up
    to five additional days, for a total of not to exceed six days (H. Res.
    5, Jan. 3, 1983, p. 34). In the 104th Congress the paragraph was amended
    to require that meetings and hearings open to the public also be open to
    broadcast and photographic media; subparagraph (2) was further amended
    to permit closed meetings only on specified conditions and to delete an
    exception for meetings relating to internal budget or personnel matters
    and to specify a new condition (sensitive law enforcement information)
    for closing hearings (sec. 105, H. Res. 6, Jan. 4, 1995, p. 463). The
    paragraph was also amended to conform references to renamed committees
    (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 467; H. Res. 5, Jan. 6, 1999,
    p. ----). In the 105th Congress subparagraphs (1) and (2) were again
    amended to reflect an amendment to former clause 4(e)(3) of rule X
    (currently clause 3 of rule XI) requiring meetings of the Committee on
    Standards of Official Conduct to occur in executive session (except for
    adjudicatory subcommittee meetings or full committee sanction hearings)
    unless opened by an affirmative vote of a majority of members (sec. 5,
    H. Res. 168, Sept. 18, 1997, p. ----). Subparagraphs (3)-(6) derive from
    sections 111(b), 113(b), 115(b), and 242(c) respectively of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140) and became part
    of the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144).
    Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470), these provisions were inadvertently omitted from the rules, and
    were therefore reinserted in the 94th Congress (H. Res. 5, Jan. 14,
    1975, p. 20). Subparagraph (3) was amended in the 97th Congress (H. Res.
    5, Jan. 5, 1981, pp. 98-113) to add the requirement of prompt entering
    of public notice of committee meetings into the committee scheduling
    service of the House Information Resources. Subparagraph (3) was again
    amended in the 104th Congress to permit the calling of a hearing on less
    than seven days' notice upon

    [[Page 546]]

    a determination of good cause either by vote of the committee or
    subcommittee or by its chairman with the concurrence of its ranking
    minority member (H. Res. 43, Jan. 31, 1995, p. 3028). In the 105th and
    106th Congresses subparagraphs (3) and (2) (respectively) were amended
    to effect a technical correction (H. Res. 5, Jan. 7, 1997, p.
    121; H. Res. 5, Jan. 6, 1999, p. ----). Subparagraph (4)
    was rewritten in the 105th Congress to encourage committees to elicit
    curricula vitae and disclosures of certain interests from
    nongovernmental witnesses (H. Res. 5, Jan. 7, 1997, p.
    121). Clerical and stylistic changes were effected when
    the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. ----).
      Subparagraphs (1) and (2) relating to open committee meetings and
    hearings, were first made part of the rules on March 7, 1973 (H. Res.
    259,

    Quorum requirements
      In the 105th Congress the House adopted a resolution restricting
    access to meetings and hearings held by the Committee on the Judiciary
    on a communication received from an independent counsel relating to
    possible grounds for impeachment of the President (H. Res. 525, Sept.
    11, 1998, p. ----).

    799. Requirement of quorum.

      (h)(1)  A measure or
    recommendation may not be reported by a committee unless a majority of
    the committee is actually present.

      This subparagraph (former clause 2(l)(2)(A) is from section 133(d) of
    the Legislative Reorganization Act of 1946 (60 Stat. 812) and was made a
    part of the rules on January 3, 1953 (p. 24). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 2(l)(2)(A) of rule XI (H. Res. 5, Jan. 6, 1999, p. ----).
    The point of order that a bill was reported from a committee without a
    formal meeting and a quorum present comes too late if debate has started
    on a bill in the House (VIII, 2223; Feb. 24, 1947, p. 1374). No
    committee report is valid unless authorized with a quorum of the
    committee actually present at the time the vote is taken (IV, 4584;
    VIII, 2211, 2212, 2221, 2222), and while Speakers have indicated that
    committee members may come and go during the course of the vote if the
    roll call indicates that a quorum was present (VIII, 2222), where it is
    admitted that a quorum was not in the room at any time during the vote
    and the committee transcript does not show a quorum acting as a quorum,
    the Chair will sustain the point of order (VIII, 2212). In the 103d
    Congress, this provision was amended to provide that responses to roll
    calls in committee be deemed contemporaneous and to require that a point
    of no quorum with respect to a committee report be timely asserted in
    committee or considered waived (H. Res. 5, Jan. 5, 1993, p. 49), but in
    the 104th Congress both of those features were deleted from the rule
    (sec. 207, H. Res. 6, Jan. 4, 1995, p. 467).

    [[Page 547]]

    was actually present when the bill was ordered reported the Speaker
    overruled a point of order made under this provision (Oct. 22, 1987, p.
    28807). A point of no quorum pending a committee vote on ordering a
    measure reported may provoke a quorum call requiring a majority of the
    committee to be present in the committee room. A committee may act only
    when together, nothing being the report of the committee except what has
    been agreed to in committee actually assembled (see Jefferson's Manual
    at Sec. 407, supra).

      Where the committee transcript was not conclusive and the manager of
    the bill gave absolute assurance that a majority of the full committee

    Sec. 800. Reduced quorum.

      (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.

      Subparagraphs (2) and (3) (former subparagraphs (1) and (2)) were
    adopted in the 84th Congress and only related to the authority of a
    committee to fix a quorum of not less than two for taking testimony (H.
    Res. 151, Mar. 23, 1955, pp. 3569, 3585). In the 95th Congress (H. Res.
    5, Jan. 4, 1977, pp. 53-70) subparagraph (3) (former subparagraph (2))
    was added to authorize committees to fix a quorum less than a majority
    for certain other action. Before the House recodified its rules in the
    106th Congress, paragraph (h) consisted only of subparagraphs (2) and
    (3) (H. Res. 5, Jan. 6, 1999, p. ----). Subparagraph (3) was amended in
    the 107th Congress to preserve all requirements for a majority quorum
    found in House rules (sec. 2(i), H. Res. 5, Jan. 3, 2001, p. ----).
    Under clause 2(g) of this rule, a majority of a committee or
    subcommittee must be present when a committee or subcommittee votes to
    close a meeting or hearing. Under clause 2(m) of this rule a majority of
    a committee or subcommittee must be present to authorize and issue a
    subpoena. Under subparagraph (1) a majority of a committee or
    subcommittee must be present to order a measure or recommendation
    reported.

    [[Page 548]]

    depositions or interrogatories before one member or staff of the
    committee must be specifically conferred by the House (see, e.g., H.
    Res. 167, 105th Cong., June 20, 1997, p. ----).

      By unanimous consent the Committee on Standards of Official Conduct
    was authorized to receive evidence and take testimony before a quorum of
    one of its members for the remainder of the second session of the 100th
    Congress (Oct. 13, 1988, p. 30467). Authority for a committee to conduct

    Sec. 800a. Postponing votes in
    committee.

       (4)(A)  Each committee may adopt a rule authorizing the chairman of
    a committee or subcommittee--

          (i) to postpone further proceedings when a record vote is ordered
    on the question of approving a measure or matter or on adopting an
    amendment; and

          (ii) to resume proceedings on a postponed question at any time
    after reasonable notice.

      (B) A rule adopted pursuant to this subparagraph shall provide that
    when proceedings resume on a postponed question, notwithstanding any
    intervening order for the previous question, an underlying proposition
    shall remain subject to further debate or amendment to the same extent
    as when the question was postponed.

      This subpararaph was added in the 108th Congress (sec. 2(g), H. Res.
    5, Jan. 7, 2003, p. ----).
    Limitation on committee sittings

    801. Committees not to sit.

      (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.

    [[Page 549]]

    p. 34470), the committees exempted from this clause were Appropriations,
    Budget, and Rules; and in the 95th Congress (H. Res. 5, Jan. 4, 1977,
    pp. 53-70), the Committee on Standards of Official Conduct was also
    exempted. The Committee on Ways and Means was traditionally permitted to
    sit during proceedings under the five-minute rule by unanimous consent
    granted each Congress (Jan. 29, 1975, p. 1677) until it was exempted
    from the rule in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-
    113). A provision that special leave to sit be granted if ten Members
    did not object was added to the clause in the 95th Congress (H. Res. 5,
    Jan. 4, 1977, pp. 53-70). An exemption for the Committee on House
    Administration and the prohibition against committee meetings during
    joint meetings or joint sessions were added in the 101st Congress (H.
    Res. 5, Jan. 3, 1989, p. 72). In the 103d Congress the prohibition
    against sitting during proceedings under the five-minute rule was
    stricken altogether (H. Res. 5, Jan. 5, 1993, p. 49), but in the 104th
    Congress the former rule was reinstated with exemptions for the
    Committees on Appropriations, the Budget, Rules, Standards of Official
    Conduct, and Ways and Means, and also with the provision for a
    privileged motion by the Majority Leader (sec. 208, H. Res. 6, Jan. 4,
    1995, p. 467), on which he controlled one hour of debate (Jan. 23, 1995,
    p. 2209). In the 105th Congress so much of paragraph (i) as related to
    proceedings under the five-minute rule was again stricken (H. Res. 5,
    Jan. 7, 1997, p. 121). Clerical and stylistic changes were
    effected when the House recodified its rules in the 106th Congress (H.
    Res. 5, Jan. 6, 1999, p. ----).

    Calling and questioning of witnesses
      A clause regulating when committees could sit had its origin in 1794.
    It was omitted from rule XI in the adoption of rules for the 80th
    Congress but remained effective as part of the Legislative
    Reorganization Act of 1946, the applicable provisions of which were
    continued as a part of the Rules of the House. While the rule formerly
    prohibited committees from sitting at any time when the House was in
    session, it was narrowed to proscribe sittings during the five-minute
    rule by the Legislative Reorganization Act of 1970 (sec. 117(b); 84
    Stat. 1140) and this revision was made part of the standing rules in the
    92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Effective January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,

    802. Witnesses.

      (j)(1)  Whenever a hearing is conducted by a
    committee on a measure or matter, the minority members of the committee
    shall be entitled, upon request to the chairman by a majority of them
    before the completion of the hearing, to call witnesses selected by the
    minority to testify with respect to that measure or matter during at
    least one day of hearing thereon.

    [[Page 550]]

    mittee who so desires has had an opportunity to question each witness.
      (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 com

      (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
      Paragraph (j)(1) was contained in section 114(b) of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140) and was made a part of the
    rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Paragraph
    (j)(2) was added to the rules on that latter date. While a majority of
    the minority members of a committee are entitled to call witnesses
    selected by the minority for at least one day of hearings, no rule of
    the House requires the calling of witnesses on opposing sides of an
    issue (Oct. 14, 1987, p. 27921). In the 105th Congress paragraph (j)(2)
    was redesignated as (2)(A) and two new subparagraphs were added as
    (2)(B) and (2)(C) to enable committees to permit extended examinations
    of witnesses (for 30 additional minutes) by designated members or by
    staff (H. Res. 5, Jan. 7, 1997, p. 121). A technical
    correction was effected in the 106th Congress to clarify the procedure
    to extend questioning, and clerical and stylistic changes were effected
    when the House recodified its rules in the same Congress (H. Res. 5,
    Jan. 6, 1999, p. ----).

    [[Page 551]]

    803. Hearing procedure.

      (k)(1)  The chairman at a hearing
    shall announce in an opening statement the subject of the hearing.

      (2) A copy of the committee rules and of this clause shall be made
    available to each witness on request.

      (3) Witnesses at hearings may be accompanied by their own counsel for
    the purpose of advising them concerning their constitutional rights.

      (4) The chairman may punish breaches of order and decorum, and of
    professional ethics on the part of counsel, by censure and exclusion
    from the hearings; and the committee may cite the offender to the House
    for contempt.

      (5) Whenever it is asserted by a member of the committee that the
    evidence or testimony at a hearing may tend to defame, degrade, or
    incriminate any person, or it is asserted by a witness that the evidence
    or testimony that the witness would give at a hearing may tend to
    defame, degrade, or incriminate the witness--

          (A) notwithstanding paragraph (g)(2), such testimony or evidence
    shall be presented in executive session if, in the presence of the
    number of members required under the rules of the committee for the
    purpose of taking testimony, the committee determines by vote of a
    majority of those present that such evidence or testimony may tend to
    defame, degrade, or incriminate any person; and

    [[Page 552]]

    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.
          (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.

      (6) Except as provided in subparagraph (5), the chairman shall receive
    and the committee shall dispose of requests to subpoena additional
    witnesses.

      (7) Evidence or testimony taken in executive session, and proceedings
    conducted in executive session, may be released or used in public
    sessions only when authorized by the committee, a majority being
    present.

      (8) In the discretion of the committee, witnesses may submit brief and
    pertinent sworn statements in writing for inclusion in the record. The
    committee is the sole judge of the pertinence of testimony and evidence
    adduced at its hearing.

      (9) A witness may obtain a transcript copy of his testimony given at a
    public session or, if given at an executive session, when authorized by
    the committee.

    [[Page 553]]

    to be defamatory in executive session upon a determination by a majority
    of those present that such testimony is indeed defamatory, degrading, or
    incriminating. It was amended in the 107th Congress to permit such an
    assertion to be made by the witness (with respect to himself) or a
    member of the Committee (with respect to any person) (sec. 2(j), H. Res.
    5, Jan. 3, 2001, p. ----). In the 105th Congress subparagraph (5) was
    amended to clarify a majority of those voting (a full quorum being
    present) may decide to proceed in open session (H. Res. 5, Jan. 7, 1997,
    p. 121). Clerical and stylistic changes were effected when
    the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. ----). ``Investigative'' was removed from the heading and
    subparagraphs (1), (3), and (5) of paragraph (k) in the 107th Congress
    to conform the rule to House practice, which is to
    apply this paragraph to all committee investigative, oversight,
    or legislative hearings (sec. 2(j), H. Res. 5, Jan. 3, 2001, p. ----).
      The provisions of paragraph (k) were first incorporated into the rules
    in the 84th Congress (H. Res. 151, Mar. 23, 1955, pp. 3569, 3585). The
    requirement of paragraph (k)(2) that a copy of committee rules be
    furnished to each witness was added in the 92d Congress (H. Res. 5, Jan.
    22, 1971, p. 144) and was amended in the 107th Congress to require the
    committee to furnish such rules only when the witness so requests (sec.
    2(j), H. Res. 5, Jan. 3, 2001, p. ----). The former requirement of
    paragraph (k)(9) that a witness must pay the cost of a transcript copy
    of his testimony was eliminated under the Committee Reform Amendments of
    1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,
    p. 34470). Paragraph (k)(5) was amended in the 96th Congress (H. Res. 5,
    Jan. 15, 1979, pp. 7-16) to permit a committee or subcommittee to hear
    testimony asserted

    Supplemental, minority, or additional views
      The requirements of clause 2(g)(1) and (2), and of 2(m)(2)(A), of this
    rule that a majority of the committee or subcommittee shall constitute a
    quorum for the purposes of closing meetings or hearings or issuing
    subpoenas have been construed to require, under clause 2(k)(7) of this
    rule, that a majority shall likewise constitute a quorum to release or
    make public any evidence or testimony received in any closed meeting or
    hearing and any other executive session record of the committee or
    subcommittee. See also clauses 11(c) and 11(g) of rule X, which provide
    that executive session material transmitted by the Permanent Select
    Committee on Intelligence to another committee of the House becomes the
    executive session material of the recipient committee by virtue of the
    nature of the material and the injunction of clause 11(g) of rule X
    which prohibit disclosure of information provided to committees or
    Members of the House except in a secret session. A resolution directing
    a standing committee to release executive-session material referred to
    it as such by special rule of the House was held to propose a change in
    the rules and, therefore, not to constitute a question of the privileges
    of the House under rule IX (Sept. 23, 1998, p. ----).

    [[Page 554]]

    such notice (excluding Saturdays, Sundays, and legal holidays except
    when the House is in session on such a day) to file such views, in
    writing and signed by that member, with the clerk of the committee.

    804. Minority views.

      (l)  If at the time of approval of a
    measure or matter by a committee (other than the Committee on Rules) a
    member of the committee gives notice of intention to file supplemental,
    minority, or additional views for inclusion in the report to the House
    thereon, that member shall be entitled to not less than two additional
    calendar days after the day of

    Power to sit and act; subpoena power
      This provision was originally included in section 107 of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140) and was
    incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144). In the 104th Congress it was amended to count as a
    ``calendar day'' any day on which the House is in session (H. Res. 254,
    Nov. 30, 1995, p. 35077). In the 105th Congress it was further amended
    to reduce the guaranteed time for composing separate views from three
    full days to two full days after the day of notice (H. Res. 5, Jan. 7,
    1997, p. 121). Before the House recodified its rules in
    the 106th Congress, paragraph (l) consisted of this paragraph and
    current clause 2(c) of rule XIII (H. Res. 5, Jan. 6, 1999, p. ----).

    805. Power to sit and to issue subpoenas; oaths.

      (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.

    [[Page 555]]

      (2) The chairman of the committee, or a member designated by the
    chairman, may administer oaths to witnesses.

      (3)(A)(i) Except as provided in subdivision (A)(ii), a subpoena may be
    authorized and issued by a committee or subcommittee under subparagraph
    (1)(B) in the conduct of an investigation or series of investigations or
    activities only when authorized by the committee or subcommittee, a
    majority being present. The power to authorize and issue subpoenas under
    subparagraph (1)(B) may be delegated to the chairman of the committee
    under such rules and under such limitations as the committee may
    prescribe. Authorized subpoenas shall be signed by the chairman of the
    committee or by a member designated by the committee.

      (ii) In the case of a subcommittee of the Committee on Standards of
    Official Conduct, a subpoena may be authorized and issued only by an
    affirmative vote of a majority of its members.

      (B) A subpoena duces tecum may specify terms of return other than at a
    meeting or hearing of the committee or subcommittee authorizing the
    subpoena.

      (C) Compliance with a subpoena issued by a committee or subcommittee
    under subparagraph (1)(B) may be enforced only as authorized or directed
    by the House.

    [[Page 556]]

    the chairman of the full committee or any member designated by the
    committee (H. Res. 5, Jan. 14, 1975, p. 20). In the 95th
    Congress the paragraph was amended to permit a
    subcommittee, as well as a full committee, to
    authorize subpoenas and to allow a full committee to
    delegate such authority to the chairman of the full committee (H.
    Res. 5, Jan. 4, 1977, pp. 53-70). The special rule for authorizing and
    issuing a subpoena of a subcommittee of the Committee on Standards of
    Official Conduct was adopted in the 105th Congress (sec. 15, H. Res.
    168, Sept. 18, 1997, p. ----). In the 106th Congress subparagraph (3)(B)
    was added, and clerical and stylistic changes were effected when the
    House recodified its rules in the same Congress (H. Res. 5, Jan. 6,
    1999, p. ----). A clerical correction was effected to paragraph (m)(1)
    in the 107th Congress to correct a cross reference (sec. 2(x), H. Res.
    5, Jan. 3, 2001, p. ----).
      Prior to the adoption of clause 2(m) under the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470), only the Committees on Appropriations, the
    Budget, Government Operations, Internal Security, and Standards of
    Official Conduct were permitted by the standing rules to perform the
    functions as specified in subparagraphs (1)(A) and (1)(B), and other
    standing and select committees were given those authorities by separate
    resolutions reported from the Committee on Rules each Congress. In the
    94th Congress the paragraph was amended to require authorized subpoenas
    to be signed by

      A subpoena issued under this clause need only be signed by the
    chairman of the committee or by any member designated by the committee,
    whereas when the House issues an order or warrant the Speaker must under
    clause 4 of rule I issue the summons under his hand and seal, and it
    must be attested by the Clerk pursuant to clause 2(c) of rule II (former
    clause 3 of rule III) (III, 1668; see H. Rept. 96-1078, p. 22). Pursuant
    to 2 U.S.C. 191, 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, and 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.

    [[Page 557]]

    Committee on Standards of Official Conduct
      While under this clause the Committee on Standards of Official Conduct
    may issue subpoenas in investigating the conduct of a Member, officer,
    or employee of the House (the extent of the committee's jurisdiction
    under rule X and functions under clause 3 of rule XI), where the House
    mandates a possible investigation by that committee of other persons not
    directly associated with the House, the committee's jurisdiction is
    thereby enlarged and a broader subpoena authority must be conferred on
    the committee (Mar. 3, 1976, p. 5165). Subparagraph (3)(B) (former
    subparagraph (2)(B)) has been interpreted to require authorization by
    the full House before a subcommittee chairman could intervene in a law
    suit in order to gain access to documents subpoenaed by the
    subcommittee. In re Beef Industry Antitrust Litigation, 589 F.2d 786
    (5th Cir. 1979). The authority conferred in clause 2(m)(1)(B) to require
    information ``by subpoena or otherwise'' has not been interpreted to
    authorize depositions and interrogatories. That authority must be
    conferred by separate action of the House (see Sec. 800, supra).

    806. Standards of Official Conduct; additional
    duties.

      3. (a) The  Committee on Standards of Official Conduct has the following
    functions:

          (1) The committee may recommend to the House from time to time
    such administrative actions as it may consider appropriate to establish
    or enforce standards of official conduct for Members, Delegates, the
    Resident Commissioner, officers, and employees of the House. A letter of
    reproval or other administrative action of the committee pursuant to an
    investigation under subparagraph (2) shall only be issued or implemented
    as a part of a report required by such subparagraph.

    [[Page 558]]

    the committee may consider appropriate in the circumstances.
          (2) The committee may investigate, subject to paragraph (b), an
    alleged violation by a Member, Delegate, Resident Commissioner, officer,
    or employee of the House of the Code of Official Conduct or of a law,
    rule, regulation, or other standard of conduct applicable to the conduct
    of such Member, Delegate, Resident Commissioner, officer, or employee in
    the performance of his duties or the discharge of his responsibilities.
    After notice and hearing (unless the right to a hearing is waived by the
    Member, Delegate, Resident Commissioner, officer, or employee), the
    committee shall report to the House its findings of fact and
    recommendations, if any, for the final disposition of any such
    investigation and such action as

          (3) The committee may report to the appropriate Federal or State
    authorities, either with the approval of the House or by an affirmative
    vote of two-thirds of the members of the committee, any substantial
    evidence of a violation by a Member, Delegate, Resident Commissioner,
    officer, or employee of the House, of a law applicable to the
    performance of his duties or the discharge of his responsibilities that
    may have been disclosed in a committee investigation.

          (4) The committee may consider the request of a Member, Delegate,
    Resident Commissioner, officer, or employee of the House for an advisory
    opinion with respect to the general propriety of any current or proposed
    conduct of such Member, Delegate, Resident Commissioner, officer, or
    employee. With appropriate deletions to ensure the privacy of the person
    concerned, the committee may publish such opinion for the guidance of
    other Members, Delegates, the Resident Commissioner, officers, and
    employees of the House.

          (5) The committee may consider the request of a Member, Delegate,
    Resident Commissioner, officer, or employee of the House for a written
    waiver in exceptional circumstances with respect to clause 4 of rule
    XXIII.

    [[Page 559]]

    a resolution, report, recommendation, or advisory opinion relating to
    the official conduct of a Member, Delegate, Resident Commissioner,
    officer, or employee of the House, or, except as provided in
    subparagraph (2), undertake an investigation of such conduct.
      (b)(1)(A) Unless approved by an affirmative vote of a majority of its
    members, the Committee on Standards of Official Conduct may not report

      (B)(i) Upon the receipt of information offered as a complaint that is
    in compliance with this rule and the rules of the committee, the
    chairman and ranking minority member jointly may appoint members to
    serve as an investigative subcommittee.

      (ii) The chairman and ranking minority member of the committee jointly
    may gather additional information concerning alleged conduct that is the
    basis of a complaint or of information offered as a complaint until they
    have established an investigative subcommittee or either of them has
    placed on the agenda of the committee the issue of whether to establish
    an investigative subcommittee.

      (2) Except in the case of an investigation undertaken by the committee
    on its own initiative, the committee may undertake an investigation
    relating to the official conduct of an individual Member, Delegate,
    Resident Commissioner, officer, or employee of the House only--

    [[Page 560]]

          (A) upon receipt of information offered as a complaint, in writing
    and under oath, from a Member, Delegate, or Resident Commissioner and
    transmitted to the committee by such Member, Delegate, or Resident
    Commissioner; or

          (B) upon receipt of information offered as a complaint, in writing
    and under oath, from a person not a Member, Delegate, or Resident
    Commissioner provided that a Member, Delegate, or Resident Commissioner
    certifies in writing to the committee that he believes the information
    is submitted in good faith and warrants the review and consideration of
    the committee.
    If a complaint is not disposed of within the applicable periods set
    forth in the rules of the Committee on Standards of Official Conduct,
    the chairman and ranking minority member shall establish jointly an
    investigative subcommittee and forward the complaint, or any portion
    thereof, to that subcommittee for its consideration. However, if at any
    time during those periods either the chairman or ranking minority member
    places on the agenda the issue of whether to establish an investigative
    subcommittee, then an investigative subcommittee may be established only
    by an affirmative vote of a majority of the members of the committee.

    [[Page 561]]

      (3) The committee may not undertake an investigation of an alleged
    violation of a law, rule, regulation, or standard of conduct that was
    not in effect at the time of the alleged violation. The committee may
    not undertake an investigation of such an alleged violation that
    occurred before the third previous Congress unless the committee
    determines that the alleged violation is directly related to an alleged
    violation that occurred in a more recent Congress.

      (4) A member of the committee shall be ineligible to participate as a
    member of the committee in a committee proceeding relating to the
    member's official conduct. Whenever a member of the committee is
    ineligible to act as a member of the committee under the preceding
    sentence, the Speaker shall designate a Member, Delegate, or Resident
    Commissioner from the same political party as the ineligible member to
    act in any proceeding of the committee relating to that conduct.

      (5) A member of the committee may disqualify himself from
    participating in an investigation of the conduct of a Member, Delegate,
    Resident Commissioner, officer, or employee of the House upon the
    submission in writing and under oath of an affidavit of disqualification
    stating that the member cannot render an impartial and unbiased decision
    in the case in which the member seeks to be disqualified. If the
    committee approves and accepts such affidavit of disqualification, the
    chairman shall so notify the Speaker and request the Speaker to
    designate a Member, Delegate, or Resident Commissioner from the same
    political party as the disqualifying member to act in any proceeding of
    the committee relating to that case.

    [[Page 562]]

      (6) Information or testimony received, or the contents of a complaint
    or the fact of its filing, may not be publicly disclosed by any
    committee or staff member unless specifically authorized in each
    instance by a vote of the full committee.

      (7) The committee shall have the functions designated in titles I and
    V of the Ethics in Government Act of 1978, in sections 7342, 7351, and
    7353 of title 5, United States Code, and in clause 11(g)(4) of rule X.

      (c)(1) Notwithstanding clause 2(g)(1) of rule XI, each meeting of the
    Committee on Standards of Official Conduct or a subcommittee thereof
    shall occur in executive session unless the committee or subcommittee,
    by an affirmative vote of a majority of its members, opens the meeting
    to the public.

      (2) Notwithstanding clause 2(g)(2) of rule XI, each hearing of an
    adjudicatory subcommittee or sanction hearing of the Committee on
    Standards of Official Conduct shall be held in open session unless the
    committee or subcommittee, in open session by an affirmative vote of a
    majority of its members, closes all or part of the remainder of the
    hearing on that day to the public.

      (d) Before a member, officer, or employee of the Committee on
    Standards of Official Conduct, including members of a subcommittee of
    the committee selected under clause 5(a)(4) of rule X and shared staff,
    may have access to information that is confidential under the rules of
    the committee, the following oath (or affirmation) shall be executed:

    [[Page 563]]

    thorized by the committee or in accordance with its rules.''
    Copies of the executed oath shall be retained by the Clerk as part of
    the records of the House. This paragraph establishes a standard of
    conduct within the meaning of paragraph (a)(2). Breaches of
    confidentiality shall be investigated by the Committee on Standards of
    Official Conduct and appropriate action shall be taken.
          ``I do solemnly swear (or affirm) that I will not disclose, to any
    person or entity outside the Committee on Standards of Official Conduct,
    any information received in the course of my service with the committee,
    except as au

      (e)(1) If a complaint or information offered as a complaint is deemed
    frivolous by an affirmative vote of a majority of the members of the
    Committee on Standards of Official Conduct, the committee may take such
    action as it, by an affirmative vote of a majority of its members,
    considers appropriate in the circumstances.

      (2) Complaints filed before the One Hundred Fifth Congress may not be
    deemed frivolous by the Committee on Standards of Official Conduct.

      The investigative authority contained in this provision
    (former clause 4(e) of rule X) was first conferred upon the commitee in
    the 90th Congress (H. Res. 1099, Apr. 3, 1968, p. 8802). Effective
    January 3, 1975, the former requirement in paragraph (b)(1)(A) (former
    clause 4(e)(2)(A) of rule X) that seven committee members must authorize
    an investigation was changed to permit a majority of the commitee to
    provide that authorization (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470). That provision was further amended in the 105th Congress to
    permit the chairman and ranking minority member, with respect to a
    properly filed complaint, to gather additional information or to
    establish an investigative subcommittee (sec. 11, H. Res. 168, Sept. 18,
    1997, p. ----). Paragraph (b)(5) (former clause 4(e)(2)(E) of rule X)
    was added in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), to
    provide a mechanism for a committee member to disqualify himself from
    participating in an investigation, and paragraph (b)(6) (former clause
    4(e)(2)(F) of rule X) was added in the 96th Congress (H. Res. 5, Jan.
    15, 1979, p. 8).

    [[Page 564]]

    tive action of the commitee to be implemented as part of a report to the
    House, with no action required of the House; (2) paragraph (a)(2)
    (former clause 4(e)(1)(B) of rule X) was amended to require the
    committee to report to the House its findings of fact and
    any recommendations respecting the final disposition of a matter in
    which it votes to undertake an investigation; (3) a new paragraph (a)(4)
    (former clause 4(e)(1)(E) of rule X) was added to empower the commitee
    to consider requests that the rule restricting the acceptance of gifts
    be waived in exceptional circumstances; and (4) paragraph (b)(3) (former
    clause 4(e)(2)(C) of rule X) was amended to set a general limitation on
    actions for committee consideration of ethics matters.
      This provision was amended in several particulars by the Ethics Reform
    Act of 1989 (P.L. 101-194): (1) paragraph (a)(1) (former clause
    4(e)(1)(A) of rule X) was amended to enable a letter of reproval or
    other administra

      In the beginning of the 105th Congress a subparagraph (3) was added at
    the end of former clause 4(e) of rule X to establish a Select Committee
    on Ethics only to resolve a specific inquiry originally undertaken by
    the standing Committee on Standards of Official Conduct in the 104th
    Congress but not concluded (H. Res. 5, Jan. 7, 1997, p.
    121). The select commitee filed one report to the House
    (H. Rept. 105-1, H. Res. 31, Jan. 21, 1997, p. 393). The
    current form of paragraph (c) (former clause 4(e)(3) of rule X) was
    adopted later in the 105th Congress (sec. 5, H. Res. 168, Sept. 18,
    1997, p. ----).

    Committee agendas
      Additional amendments to this provision were adopted in the 105th
    Congress as follows: (1) paragraphs (d) and (3) (former clauses 4(e)(4)
    and 4(e)(5)) were adopted (sec. 6 and sec. 19, H. Res. 168, Sept. 18,
    1997, p. ----); (2) paragraph (b)(2) (former clause 4(e)(2)(B) of rule
    X) was amended to address the disposition of a complaint after
    expiration of periods set forth in the commitee rules and to specify
    parameters for the filing of complaints by non-Members (sec. 11, H. Res.
    168, Sept. 18, 1997, p. ----); and (3) paragraph (a)(3) (former clause
    4(e)(1)(C) of rule X) was amended to permit the commitee to report to
    the appropriate authorities substantial evidence of a violation of law
    by an affirmative vote of two-thirds of the members of the commitee
    without the approval of the House (sec. 18, H. Res. 168, Sept. 18, 1997,
    p. ----). Before the House recodified its rules in the 106th Congress,
    this provision was found in former clause 4(e) of rule X and paragraph
    (b)(7) was found in former clause 1(p) of rule X (H. Res. 5, Jan. 6,
    1999, p. ----). Clause 3(a)(5) was amended in the 107th Congress to
    reflect the redesignation of a rule (sec. 2(s), H. Res. 5, Jan. 3, 2001,
    p. ----).

    [[Page 565]]

    ranking minority member from placing any item on the agenda.
    Committee staff

    806a. Standards of Official Conduct; committee
    rules.

      (f)  The committee shall adopt rules providing that the chairman
    shall establish the agenda for meetings of the committee, but shall not
    preclude the

      (g)(1) The committee shall adopt rules providing that--

          (A) the staff be assembled and retained as a professional,
    nonpartisan staff;

          (B) each member of the staff shall be professional and
    demonstrably qualified for the position for which he is hired;

          (C) the staff as a whole and each member of the staff shall
    perform all official duties in a nonpartisan manner;

          (D) no member of the staff shall engage in any partisan political
    activity directly affecting any congressional or presidential election;

          (E) no member of the staff or outside counsel may accept public
    speaking engagements or write for publication on any subject that is in
    any way related to his or her employment or duties with the committee
    without specific prior approval from the chairman and ranking minority
    member; and

    [[Page 566]]

          (F) no member of the staff or outside counsel may make public,
    unless approved by an affirmative vote of a majority of the members of
    the committee, any information, document, or other material that is
    confidential, derived from executive session, or classified and that is
    obtained during the course of employment with the committee.

      (2) Only subdivisions (C), (E), and (F) of subparagraph (1) shall
    apply to shared staff.

      (3)(A) All staff members shall be appointed by an affirmative vote of
    a majority of the members of the committee. Such vote shall occur at the
    first meeting of the membership of the committee during each Congress
    and as necessary during the Congress.

      (B) Subject to the approval of the Committee on House Administration,
    the committee may retain counsel not employed by the House of
    Representatives whenever the committee determines, by an affirmative
    vote of a majority of the members of the committee, that the retention
    of outside counsel is necessary and appropriate.

      (C) If the committee determines that it is necessary to retain staff
    members for the purpose of a particular investigation or other
    proceeding, then such staff shall be retained only for the duration of
    that particular investigation or proceeding.

      (D) Outside counsel may be dismissed before the end of a contract
    between the committee and such counsel only by an affirmative vote of a
    majority of the members of the committee.

    [[Page 567]]

    minority member on any subcommittee on which he serves.
    Meetings and hearings
      (4) In addition to any other staff provided for by law, rule, or other
    authority, with respect to the committee, the chairman and ranking
    minority member each may appoint one individual as a shared staff member
    from his or her personal staff to perform service for the committee.
    Such shared staff may assist the chairman or ranking

      (h)(1) The committee shall adopt rules providing that--

          (A) all meetings or hearings of the committee or any subcommittee
    thereof, other than any hearing held by an adjudicatory subcommittee or
    any sanction hearing held by the committee, shall occur in executive
    session unless the committee or subcommittee by an affirmative vote of a
    majority of its members opens the meeting or hearing to the public; and

          (B) any hearing held by an adjudicatory subcommittee or any
    sanction hearing held by the committee shall be open to the public
    unless the committee or subcommittee by an affirmative vote of a
    majority of its members closes the hearing to the public.
    Public disclosure

      (i) The committee shall adopt rules providing that, unless otherwise
    determined by a vote of the committee, only the chairman or ranking
    minority member, after consultation with each other, may make public
    statements regarding matters before the committee or any subcommittee
    thereof.
    Requirements to constitute a complaint

    [[Page 568]]

    mittee, the chairman and ranking minority member shall have 14 calendar
    days or five legislative days, whichever is sooner, to determine whether
    the information meets the requirements of the rules of the committee for
    what constitutes a complaint.
    Duties of chairman and ranking minority member regarding properly filed
      (j) The committee shall adopt rules regarding complaints to provide
    that whenever information offered as a complaint is submitted to the com

            complaints

      (k)(1) The committee shall adopt rules providing that whenever the
    chairman and ranking minority member jointly determine that information
    submitted to the committee meets the requirements of the rules of the
    committee for what constitutes a complaint, they shall have 45 calendar
    days or five legislative days, whichever is later, after that
    determination (unless the committee by an affirmative vote of a majority
    of its members votes otherwise) to--

          (A) recommend to the committee that it dispose of the complaint,
    or any portion thereof, in any manner that does not require action by
    the House, which may include dismissal of the complaint or resolution of
    the complaint by a letter to the Member, officer, or employee of the
    House against whom the complaint is made;

          (B) establish an investigative subcommittee; or

    [[Page 569]]

    essary in order to make a recommendation under subdivision (A).
          (C) request that the committee extend the applicable 45-calendar
    day or five-legislative day period by one additional 45-calendar day
    period when they determine more time is nec

      (2) The committee shall adopt rules providing that if the chairman and
    ranking minority member jointly determine that information submitted to
    the committee meets the requirements of the rules of the committee for
    what constitutes a complaint, and the complaint is not disposed of
    within the applicable time periods under subparagraph (1), then they
    shall establish an investigative subcommittee and forward the complaint,
    or any portion thereof, to that subcommittee for its consideration.
    However, if, at any time during those periods, either the chairman or
    ranking minority member places on the agenda the issue of whether to
    establish an investigative subcommittee, then an investigative
    subcommittee may be established only by an affirmative vote of a
    majority of the members of the committee.
    Duties of chairman and ranking minority member regarding information not

            constituting a complaint

      (l) The committee shall adopt rules providing that whenever the
    chairman and ranking minority member jointly determine that information
    submitted to the committee does not meet the requirements of the rules
    of the committee for what constitutes a complaint, they may--

    [[Page 570]]

          (1) return the information to the complainant with a statement
    that it fails to meet the requirements of the rules of the committee for
    what constitutes a complaint; or

          (2) recommend to the committee that it authorize the establishment
    of an investigative subcommittee.
    Investigative and adjudicatory subcommittees

      (m) The committee shall adopt rules providing that--

          (1)(A) an investigative subcommittee shall be composed of four
    Members (with equal representation from the majority and minority
    parties) whenever such a subcommittee is established pursuant to the
    rules of the committee;

          (B) an adjudicatory subcommittee shall be composed of the members
    of the committee who did not serve on the pertinent investigative
    subcommittee (with equal representation from the majority and minority
    parties) whenever such a subcommittee is established pursuant to the
    rules of the committee; and

          (C) notwithstanding any other provision of this clause, the
    chairman and ranking minority member of the committee may consult with
    an investigative subcommittee either on their own initiative or on the
    initiative of the subcommittee, shall have access to information before
    a subcommittee with which they so consult, and shall not thereby be
    precluded from serving as full, voting members of any adjudicatory
    subcommittee;

    [[Page 571]]

    ing minority member shall designate one member of the subcommittee to
    serve as the ranking minority member; and
          (2) at the time of appointment, the chairman shall designate one
    member of a subcommittee to serve as chairman and the rank

          (3) the chairman and ranking minority member of the committee may
    serve as members of an investigative subcommittee, but may not serve as
    non-voting, ex officio members.
    Standard of proof for adoption of statement of alleged violation

      (n) The committee shall adopt rules to provide that an investigative
    subcommittee may adopt a statement of alleged violation only if it
    determines by an affirmative vote of a majority of the members of the
    subcommittee that there is substantial reason to believe that a
    violation of the Code of Official Conduct, or of a law, rule,
    regulation, or other standard of conduct applicable to the performance
    of official duties or the discharge of official responsibilities by a
    Member, officer, or employee of the House of Representatives, has
    occurred.
    Subcommittee powers

      (o)(1) The committee shall adopt rules providing that an investigative
    subcommittee or an adjudicatory subcommittee may authorize and issue
    subpoenas only when authorized by an affirmative vote of a majority of
    the members of the subcommittee.

    [[Page 572]]

    expand the scope of its investigation approved by an affirmative vote of
    a majority of the members of the committee.
      (2) The committee shall adopt rules providing that an investigative
    subcommittee may, upon an affirmative vote of a majority of its members,

      (3) The committee shall adopt rules to provide that--

          (A) an investigative subcommittee may, upon an affirmative vote of
    a majority of its members, amend its statement of alleged violation
    anytime before the statement of alleged violation is transmitted to the
    committee; and

          (B) if an investigative subcommittee amends its statement of
    alleged violation, the respondent shall be notified in writing and shall
    have 30 calendar days from the date of that notification to file an
    answer to the amended statement of alleged violation.
    Due process rights of respondents

      (p) The committee shall adopt rules to provide that--

    [[Page 573]]

    witness; but if such evidence is withheld, the subcommittee shall inform
    the respondent that evidence is being withheld and of the count to which
    such evidence relates;
          (1) not less than 10 calendar days before a scheduled vote by an
    investigative subcommittee on a statement of alleged violation, the
    subcommittee shall provide the respondent with a copy of the statement
    of alleged violation it intends to adopt together with all evidence it
    intends to use to prove those charges which it intends to adopt,
    including documentary evidence, witness testimony, memoranda of witness
    interviews, and physical evidence, unless the subcommittee by an
    affirmative vote of a majority of its members decides to withhold
    certain evidence in order to protect a

          (2) neither the respondent nor his counsel shall, directly or
    indirectly, contact the subcommittee or any member thereof during the
    period of time set forth in paragraph (1) except for the sole purpose of
    settlement discussions where counsel for the respondent and the
    subcommittee are present;

          (3) if, at any time after the issuance of a statement of alleged
    violation, the committee or any subcommittee thereof determines that it
    intends to use evidence not provided to a respondent under paragraph (1)
    to prove the charges contained in the statement of alleged violation (or
    any amendment thereof), such evidence shall be made immediately
    available to the respondent, and it may be used in any further
    proceeding under the rules of the committee;

          (4) evidence provided pursuant to paragraph (1) or (3) shall be
    made available to the respondent and his or her counsel only after each
    agrees, in writing, that no document, information, or other materials
    obtained pursuant to that paragraph shall be made public until--

    [[Page 574]]

              (A) such time as a statement of alleged violation is made
    public by the committee if the respondent has waived the adjudicatory
    hearing; or

              (B) the commencement of an adjudicatory hearing if the
    respondent has not waived an adjudicatory hearing;

        but the failure of respondent and his counsel to so agree in
    writing, and their consequent failure to receive the evidence, shall not
    preclude the issuance of a statement of alleged violation at the end of
    the period referred to in paragraph (1);

          (5) a respondent shall receive written notice whenever--

              (A) the chairman and ranking minority member determine that
    information the committee has received constitutes a complaint;

              (B) a complaint or allegation is transmitted to an
    investigative subcommittee;

              (C) an investigative subcommittee votes to authorize its first
    subpoena or to take testimony under oath, whichever occurs first; or

              (D) an investigative subcommittee votes to expand the scope of
    its investigation;

    [[Page 575]]

          (6) whenever an investigative subcommittee adopts a statement of
    alleged violation and a respondent enters into an agreement with that
    subcommittee to settle a complaint on which that statement is based,
    that agreement, unless the respondent requests otherwise, shall be in
    writing and signed by the respondent and respondent's counsel, the
    chairman and ranking minority member of the subcommittee, and the
    outside counsel, if any;

          (7) statements or information derived solely from a respondent or
    his counsel during any settlement discussions between the committee or a
    subcommittee thereof and the respondent shall not be included in any
    report of the subcommittee or the committee or otherwise publicly
    disclosed without the consent of the respondent; and

          (8) whenever a motion to establish an investigative subcommittee
    does not prevail, the committee shall promptly send a letter to the
    respondent informing him of such vote.
    Committee reporting requirements

      (q) The committee shall adopt rules to provide that--

          (1) whenever an investigative subcommittee does not adopt a
    statement of alleged violation and transmits a report to that effect to
    the committee, the committee may by an affirmative vote of a majority of
    its members transmit such report to the House of Representatives;

          (2) whenever an investigative subcommittee adopts a statement of
    alleged violation, the respondent admits to the violations set forth in
    such statement, the respondent waives his or her right to an
    adjudicatory hearing, and the respondent's waiver is approved by the
    committee--

    [[Page 576]]

    fore the subcommittee votes on whether to adopt the report;
              (A) the subcommittee shall prepare a report for transmittal to
    the committee, a final draft of which shall be provided to the
    respondent not less than 15 calendar days be

              (B) the respondent may submit views in writing regarding the
    final draft to the subcommittee within seven calendar days of receipt of
    that draft;

              (C) the subcommittee shall transmit a report to the committee
    regarding the statement of alleged violation together with any views
    submitted by the respondent pursuant to subdivision (B), and the
    committee shall make the report together with the respondent's views
    available to the public before the commencement of any sanction hearing;
    and

              (D) the committee shall by an affirmative vote of a majority
    of its members issue a report and transmit such report to the House of
    Representatives, together with the respondent's views previously
    submitted pursuant to subdivision (B) and any additional views
    respondent may submit for attachment to the final report; and

          (3) members of the committee shall have not less than 72 hours to
    review any report transmitted to the committee by an investigative
    subcommittee before both the commencement of a sanction hearing and the
    committee vote on whether to adopt the report.

    [[Page 577]]

    relating to the Committee on Standards of Official Conduct and the
    process by which the House enforces standards of official conduct (Feb.
    12, 1997, p. ----). The moratorium was extended through September 10,
    1997 (July 30, 1997, p. ----). On September 18, 1997, the House adopted
    the recommendations of the task force with certain amendments (H. Res.
    168, 105th Cong., p. ----), which included not only changes to the
    standing Rules of the House but also free-standing directives to the
    Committee on Standards of Official Conduct, which were reaffirmed for
    the 106th Congress (sec. 2(c), H. Res. 5, Jan. 6, 1999, p. ----) and
    again in the 107th Congress with an exception to section 13 (sec. 3(a),
    H. Res. 5, Jan. 3, 2001, p. ----). In the 108th Congress the pertinent
    freestanding provisions were codified (including the exception to
    section 13 added in the 107th Congress) as new paragraphs (f) through
    (q) of clause 3 (sec. 2(h), H. Res. 5, Jan. 7, 2003, p. ----).
      In the 105th Congress a 12-member bipartisan task force was informally
    appointed by the Majority and Minority Leaders to conduct a
    comprehensive review of the House ethics process. At the same time an
    order of the House was adopted imposing a moratorium on filing or
    processing ethics complaints and on raising certain questions of
    privilege under rule IX with respect to official conduct. The moratorium
    was imposed in the expectation that the recommendations of the task
    force would include changes

      Section 803 of the Ethics Reform Act of 1989 (2 U.S.C.
    29d) contains several free-standing
    provisions, which are carried in this annotation. The
    requirement that the respective party caucuses nominate seven
    majority and seven minority members should be read in light of
    clause 5 of rule X, setting the composition of the committee at 10, five
    from the majority and five from the minority. The requirement that the
    committee adopt rules establishing investigative and adjudicative
    subcommittees should be read in light of clause 3(m), which constitutes
    the same requirement. The references to clause 5(d) of rule XI applied
    to a former rule regarding minority staffing requirements, which was
    eliminated in the 104th Congress (sec. 101(c)(5), H. Res. 6, Jan. 4,
    1995, p. 462).

     ``Sec. 803. Reforms Respecting the Committee on Standards of Official
                                   __________

                                   Conduct.--

                                      * * *

      ``(b) committee composition.--The respective party caucus or
    conference of the House of Representatives shall each nominate to the
    House of Representatives at the beginning of each Congress 7 members to
    serve on the Committee on Standards of Official Conduct.

      ``(c) investigative subcommittees.--The Committee on Standards of
    Official Conduct shall adopt rules providing--

              ``(1) for the establishment of a 4 or 6-member investigative

            subcommittee (with equal representation from the majority and

            minority parties) whenever the committee votes to undertake any

            investigation;

              ``(2) that the senior majority and minority members on an

            investigative subcommittee shall serve as the chairman and

    [[Page 578]]

            ranking minority member of the subcommittee; and

              ``(3) that the chairman and ranking minority member of the

            full committee may only serve as non-voting, ex officio members

            on an investigative subcommittee.
    ``Clause 5(d) of rule XI of the Rules of the House of Representatives
    shall not apply to any investigative subcommittee.

      ``(d) adjudicatory subcommittees.--The Committee on Standards of
    Official Conduct shall adopt rules providing--

              ``(1) that upon the completion of an investigation, an

            investigative subcommittee shall report its findings and

            recommendations to the committee;

              ``(2) that, if an investigative subcommittee by majority vote

            of its membership adopts a statement of alleged violation, the

            remaining members of the committee shall comprise an

            adjudicatory subcommittee to hold a disciplinary hearing on the

            violation alleged in the statement;

              ``(3) that any statement of alleged violation and any written

            response thereto shall be made public at the first meeting or

            hearing on the matter which is open to the public after the

            respondent has been given full opportunity to respond to the

            statement in accordance with committee rules, but, if no public

            hearing or meeting is held on the matter, the statement of

            alleged violation and any written response thereto shall be

            included in the committee's final report to the House of

            Representatives as required by clause 4(e)(1)(B) of rule X of

            the Rules of the House of Representatives;

              ``(4) that a quorum for an adjudicatory subcommittee for the

            purpose of taking testimony and conducting any business shall

            consist of a majority of the membership of the subcommittee plus

            one; and

              ``(5) that an adjudicatory subcommittee shall determine, after

            receiving evidence, whether the counts in the statement have

            been proved and shall report its findings to the committee.
    ``Clause 5(d) of rule XI of the Rules of the House of Representatives
    shall not apply to any adjudicatory subcommittee.

                                      * * *

      ``(i) advice and education.--(1) The Committee on Standards of
    Official Conduct shall establish within the Committee an Office on
    Advice and Education (hereinafter in this subsection referred to as the
    `Office') under the supervision of the chairman.

              ``(2) The Office shall be headed by a director who shall be

            appointed by the chairman, in consultation with the ranking

            minority member, and shall be comprised of such staff as the

            chairman determines is necessary to carry out the

            responsibilities of the Office.

              ``(3) The primary responsibilities of the Office shall

            include:

                      ``(A) Providing information and guidance to Members,

                    officers and employees of the House regarding any laws,

                    rules, regulations, and other standards of conduct

    [[Page 579]]

                    applicable to such individ

                    uals in their official capacities, and any

                    interpretations and advisory opinions of the committee.

                      ``(B) Submitting to the chairman and ranking minority

                    member of the committee any written request from any

                    such Member, officer or employee for an interpretation

                    of applicable laws, rules, regulations, or other

                    standards of conduct, together with any recommendations

                    thereon.

                      ``(C) Recommending to the committee for its

                    consideration formal advisory opinions of general

                    applicability.

                      ``(D) Developing and carrying out, subject to the

                    approval of the chairman, periodic educational briefings

                    for Members, officers and employees of the House on

                    those laws, rules, regulations, or other standards of

                    conduct applicable to them.

              ``(4) No information provided to the Committee on Standards of

            Official Conduct by a Member, officer or employee of the House

            of Representatives when seeking advice regarding prospective

            conduct of such Member, officer or employee may be used as the

            basis for initiating an investigation under clause 4(e)(1)(B) of

            rule X of the Rules of the House of Representatives, if such

            Member, officer or employee acts in accordance with the written

            advice of the committee.''.

                                   __________

    [[Page 580]]

    direction of the House, the acting chairman of the Committee on
    Standards of Official Conduct inserted in the Record names and pertinent
    account information of Members and former Members found to have abused
    the privileges of the ``bank'' in the Office of the Sergeant-at-Arms (H.
    Res. 393, Apr. 1, 1992, p. 7888). In the 106th Congress the chairman of
    the Committee on Standards of Official Conduct inserted in the Record an
    explanation of the committee's amendment to committee rule 20(f) to
    reflect that the full committee retains discretion whether to report to
    the House that an investigative subcommittee has not adopted a statement
    of alleged violation (Apr. 13, 2000, p. ----). In the 106th Congress the
    committee filed a report issuing a letter of reproval regarding the
    conduct of a Member (Oct. 16, 2000, p. ----).
      On occasions where the House has directed the committee to conduct
    specific investigations by separate resolution, it has authorized the
    committee to take depositions with one Member present, notwithstanding
    clause 2(h) of rule XI, to serve subpoenas within or without the United
    States, and to participate by special counsel in relevant judicial
    proceedings (see H. Res. 252, 95th Cong., Feb. 9, 1977, pp. 3966-75; H.
    Res. 608, Mar. 27, 1980, pp. 6995-98; H. Res. 254, June 30, 1983, p.
    18279), and to investigate persons other than Members, officers and
    employees with expanded subpoena authority (see H. Res. 1054, 94th
    Cong., Mar. 3, 1976, pp. 5165-68). By unanimous consent the committee
    was authorized to receive evidence and take testimony before a quorum of
    one of its Members for the remainder of the second session of the 100th
    Congress (Oct. 13, 1988, p. 30467). By resolutions considered as
    questions of the privileges of the House, the committee has been
    directed to investigate illegal solicitation of political contributions
    in the House Office Building by unnamed sitting Members (July 10, 1985,
    p. 18397); to review GAO audits of the operations of the ``bank'' in the
    Office of the Sergeant-at-Arms (Oct. 3, 1991, p. 25435), to disclose the
    names and pertinent account information of Members and former Members
    found to have abused the privileges of that entity (Mar. 12, 1992, p.
    5519), and to disclose further account information respecting Members
    and former Members having checks held by that entity (Mar. 12, 1992, p.
    5534); and to investigate violations of confidentiality by staff engaged
    in the investigation of the operation and management of the Office of
    the Postmaster (July 22, 1992, p. 18786). In compliance with one such

      Under clause 3(b)(4) (former clause 4(e)(2)(D) of rule X), a member of
    the Committee on Standards of Official Conduct is ineligible to
    participate in a committee proceeding relating to that member's official
    conduct. Upon notification to the Speaker of such ineligibility, the
    Speaker designates another Member of the same political party as the
    ineligible member to serve on the committee during proceedings relating
    to that conduct (Speaker O'Neill, Feb. 5, 1980, p. 1908; July 23, 1996,
    p. 18596). Under clause 3(b)(5) (former clause 4(e)(2)(E) of rule X), a
    member of the committee may be recused from serving on the committee
    during proceedings relating to a pending investigation by submitting an
    affidavit of disqualification to the committee stating that the member
    cannot render an impartial and unbiased decision relating to that
    investigation. If the committee accepts the affidavit, the chairman
    notifies the Speaker and requests the Speaker to designate another
    Member from the same political party as the disqualified member to serve
    on the committee during proceedings relating to that investigation
    (Speaker O'Neill, Mar. 18, 1980).

    [[Page 581]]

    Audio and visual coverage of committee proceedings
      The committee has compiled statutory and rule-based ethical standards
    in the House Ethics Manual (102d Cong., 2d Sess.). In the Manual, the
    committee incorporates its advisory opinions issued under clause 3(a)(4)
    (former clause 4(e)(1)(D) of rule X), together with advisory opinions
    issued by the former Select Committee on Ethics, in its discussions of
    various ethical issues, including gifts, outside income, financial
    disclosure, staff rights and duties, official allowances and franking,
    casework considerations, campaign financing and practices, and
    involvement with official and unofficial organizations. The committee
    has also compiled a complete statement of the rules on gifts and travel,
    which supersedes Chapter 2 of the 1992 House Ethics Manual (Gifts and
    Travel, 106th Cong., 2d Sess.) and a complete statement of the
    rules on campaign funds, which supersedes chapter 8 of such Manual
    (Campaign Activity, 107th Cong.).

    807. Coverage of committee proceedings.

      4.  (a) The purpose
    of this clause is to provide a means, in conformity with acceptable
    standards of dignity, propriety, and decorum, by which committee
    hearings or committee meetings that are open to the public may be
    covered by audio and visual means--

          (1) for the education, enlightenment, and information of the
    general public, on the basis of accurate and impartial news coverage,
    regarding the operations, procedures, and practices of the House as a
    legislative and representative body, and regarding the measures, public
    issues, and other matters before the House and its committees, the
    consideration thereof, and the action taken thereon; and

          (2) for the development of the perspective and understanding of
    the general public with respect to the role and function of the House
    under the Constitution as an institution of the Federal Government.

      (b) In addition, it is the intent of this clause that radio and
    television tapes and television film of any coverage under this clause
    may not be used, or made available for use, as partisan political
    campaign material to promote or oppose the candidacy of any person for
    elective public office.

    [[Page 582]]

    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--

    Sec. 808. Media coverage.

      (c) It is,  further, the intent of
    this clause that the general conduct of each meeting (whether of a
    hearing or otherwise)

          (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.

    [[Page 583]]

    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).

    Sec. 809. When permitted.

      (e) Whenever  a hearing or meeting
    conducted by a committee or subcommittee is open to the public, those
    proceedings shall be open to coverage by audio and visual means. A
    committee or subcommittee chairman may not limit the number of
    television

    Sec. 810. Committee rules.

      (f) Each  committee shall adopt
    written rules to govern its implementation of this clause. Such rules
    shall contain provisions to the following effect:

          (1) If audio or visual coverage of the hearing or meeting is to be
    presented to the public as live coverage, that coverage shall be
    conducted and presented without commercial sponsorship.

          (2) The allocation among the television media of the positions or
    the number of television cameras permitted by a committee or
    subcommittee chairman in a hearing or meeting room shall be in
    accordance with fair and equitable procedures devised by the Executive
    Committee of the Radio and Television Correspondents' Galleries.

          (3) Television cameras shall be placed so as not to obstruct in
    any way the space between a witness giving evidence or testimony and any
    member of the committee or the visibility of that witness and that
    member to each other.

          (4) Television cameras shall operate from fixed positions but may
    not be placed in positions that obstruct unnecessarily the coverage of
    the hearing or meeting by the other media.

    [[Page 584]]

    stalled in, or removed from, the hearing or meeting room while the
    committee is in session.
          (5) Equipment necessary for coverage by the television and radio
    media may not be in

          (6)(A) Except as provided in subdivision (B), floodlights,
    spotlights, strobelights, and flash-
    guns may not be used in providing any method of coverage of the hearing
    or meeting.

          (B) The television media may install additional lighting in a
    hearing or meeting room, without cost to the Government, in order to
    raise the ambient lighting level in a hearing or meeting room to the
    lowest level necessary to provide adequate television coverage of a
    hearing or meeting at the current state of the art of television
    coverage.

          (7) In the allocation of the number of still photographers
    permitted by a committee or subcommittee chairman in a hearing or
    meeting room, preference shall be given to photographers from Associated
    Press Photos and United Press International Newspictures. If requests
    are made by more of the media than will be permitted by a committee or
    subcommittee chairman for coverage of a hearing or meeting by still
    photography, that coverage shall be permitted on the basis of a fair and
    equitable pool arrangement devised by the Standing Committee of Press
    Photographers.

    [[Page 585]]

    Sec. 811. 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.

    Sec. 812. Accreditation.

          (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.

    [[Page 586]]

    105th Congress (H. Res. 301, Nov. 12, 1997, p. ----). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 3 of rule XI (H. Res. 5, Jan. 6, 1999, p. ----).

    Pay of witnesses
      The rule permitting broadcasting of committee hearings was contained
    in section 116(b) of the Legislative Reorganization Act of 1970 (84
    Stat. 1140) and became part of the rules in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). In the 93d Congress (H. Res. 1107, July 22,
    1974, p. 24447), the rule was amended to permit committees to adopt
    rules allowing coverage of committee meetings as well as hearings.
    Paragraphs (e), (f)(3), (f)(5), and (f)(8) of this clause were amended
    in the 99th Congress to remove the limit on the number of television
    cameras (previously four) and press photographers (previously five)
    covering committee proceedings, and to provide the committee or
    subcommittee chairman with the discretion to determine the appropriate
    number (H. Res. 7, Jan. 3, 1985, p. 393). At the beginning of the 104th
    Congress paragraph (d) was amended to delete the former characterization
    of broadcast and photographic coverage of committee meetings and
    hearings as ``a privilege made available by the House,'' and paragraph
    (e) was amended to eliminate the requirement that a committee vote to
    permit broadcast and photographic coverage of open hearings and meetings
    and to prohibit chairmen from limiting coverage to less than two
    representatives from each medium, except where space or safety
    considerations warrant pool coverage (sec. 105, H. Res. 6, Jan. 4, 1995,
    p. 463). Later in the 104th Congress this clause was again amended to
    make conforming changes in its heading and in paragraph (f) (H. Res.
    254, Nov. 30, 1995, p. 35077). Former clause 4(f)(2), permitting a
    witness to terminate audio and visual (including photographic) coverage,
    was eliminated in the

    813. Fees of witnesses before the House or
    committees.

      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.

      This clause (former rule XXXV) was adopted in 1872, with amendments in
    1880 (III, 1825), 1930 (VI, 393), April 19, 1955 (p. 4722), August 12,
    1969 (H. Res. 495, 91st Cong., p. 23355), and July 28, 1975 (H. Res.
    517, 94th Cong. p. 25258). The last amendment eliminated the specific
    per diem and travel rate of reimbursement and allowed actual travel
    costs and per diem for witnesses requested or subpoenaed to appear at
    the same rate as established by the Committee on House Administration
    for Members and employees. In the 104th and 106th Congresses it was
    amended to conform references to a renamed committee (sec. 202(b), H.
    Res. 6, Jan. 4, 1995, p. 467; H. Res. 5, Jan. 6, 1999, p. ----). Before
    the House recodified its rules in the 106th Congress, this provision was
    found in former rule XXXV (H. Res. 5, Jan. 6, 1999, p. ----). For
    further provisions relating to witnesses, see clauses 2(j) and (k) of
    rule XI (Sec. Sec. 802-803, supra).

    [[Page 587]]

    Unfinished business of the session
      Regulations of the Committee on House Administration do not permit per
    diem reimbursement for witnesses. Regulations for reimbursement of
    actual travel costs may be found in the Committees' Congressional
    Handbook, Committee on House Administration, under the section entitled
    ``Hearings and Meetings.''

    814. Resumption of business of a preceding
    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.

      At first the Congress attempted to follow the rule of the English
    Parliament that business unfinished in one session should begin anew at
    the next; but in 1818, after an investigation of a joint committee in
    1816, a rule was adopted that House bills remaining undetermined in the
    House should be continued at the next session after six days. This rule
    did not reach House bills sent to the Senate; but in 1848 the two Houses
    remedied this omission by a joint rule. Business referred to committees
    of the House was still subject to the old rule of Parliament; but in
    1860 the present rule was adopted as a supplement to the rule of 1818.
    In 1890, desiring to do away with the limitation of the six days and
    apparently overlooking the main purpose of the rule of 1818, the House
    rescinded that portion of this provision which dated from 1818. Also, in
    1876 the joint rules were abrogated, leaving no provision, except the
    headline of the rule, for the continuance of business not before
    committees. The practice, however, had become so well established that
    no question has ever been raised (V, 6727). Before the House recodified
    its rules in the 106th Congress, this provision was found in former rule
    XXVI (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page 588]]

      The business of conferences between the two Houses is not interrupted
    by an adjournment of a session which does not terminate the Congress (V,
    6260-6262), and even where one House asks a conference at one session
    the other may agree to it in the next session (V, 6286). Where bills
    were enrolled and signed by the presiding officers of the two Houses at
    the close of one session they were sent to the President and approved at
    the beginning of the next session (IV, 3486-3488).