    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
    [112nd Congress]
    [House Document 111-157]
    [Rules of the House of Representatives]
    [Pages 541-607]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 541]]

                                     Rule XI

    In general
                procedures of committees and unfinished business

    787. Committee procedure.

      1.  (a)(1)(A) The Rules of the
    House are the rules of its committees and subcommittees so far as
    applicable.

      (B) Each subcommittee is a part of its committee and is subject to the
    authority and direction of that committee and to its rules, so far as
    applicable.

      (2)(A) In a committee or subcommittee--

          (i) a motion to recess from day to day, or to recess subject to
    the call of the Chair (within 24 hours), shall be privileged; and

          (ii) a motion to dispense with the first reading (in full) of a
    bill or resolution shall be privileged if printed copies are available.

      (B) A motion accorded privilege under this subparagraph shall be
    decided without debate.

    [[Page 542]]

    Manual that a bill or
    resolution be read in full upon demand, before being read by paragraphs
    or sections for amendment, see Sec. 412, supra.
      This paragraph was first adopted December 8, 1931, to provide that the
    Rules of the House are the rules of the standing committees (without
    reference to subcommittees) and to provide for a privileged motion to
    recess from day to day (VIII, 2215). The paragraph was amended March 23,
    1955, when the House adopted rules governing committee investigations
    that are now embodied in clause 2 (pp. 3569-3585). In the 92d Congress
    paragraph (a) was amended in the form contained in the Legislative
    Reorganization Act of 1970 (84 Stat. 1140) to specifically address
    subcommittees (H. Res. 5, Jan. 22, 1971, p. 144). It was amended again
    in the 99th Congress to allow a privileged motion to dispense with the
    first reading of a measure if 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. 47). In the 109th Congress paragraph (a) was reorganized and
    amended to provide for a privileged motion to recess subject to the call
    of the chair (within 24 hours) (sec. 2(d), H. Res. 5, Jan. 4, 2005, p.
    43). For the requirement in Jefferson's

      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 also has 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.

    [[Page 543]]

    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.

      (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,

      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)
    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. 47).

    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(k)(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. 47), and conforming
    changes were effected in the 109th and 112th Congresses (sec. 2(a), H.
    Res. 5, Jan. 4, 2005, p. 42; sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p.
    _). Clerical and stylistic changes were effected when the House
    recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    47).

    Sec. 790. Activity reports.

      (d)(1)  Not later than the 30th
    day after June 1 and December 1, a committee shall submit to the House a
    semiannual report on the activities of that committee.

    [[Page 544]]

      (2) Such report shall include--

          (A) separate sections summarizing the legislative and oversight
    activities of that committee under this rule and rule X during the
    applicable period;

          (B) in the case of the first such report, a summary of the
    oversight plans submitted by the committee under clause 2(d) of rule X;

          (C) a summary of the actions taken and recommendations made with
    respect to the oversight plans specified in subdivision (B);

          (D) a summary of any additional oversight activities undertaken by
    that committee and any recommendations made or actions taken thereon;
    and

          (E) a delineation of any hearings held pursuant to clauses 2(n),
    (o), or (p) of this rule.

      (3) After an adjournment sine die of a regular session of a Congress,
    or after December 15, whichever occurs first, the chair of a committee
    may file the second or fourth semiannual report described in
    subparagraph (1) with the Clerk at any time and without approval of the
    committee, provided that--

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

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

    [[Page 545]]

    the Committees on Appropriations,
    the Budget, House Administration, Rules, and Ethics (formerly 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. 47). In the 111th Congress, the
    House amended subparagraph (3) to require the inclusion of hearings
    under paragraphs (n), (o), and (p) of this clause in the oversight
    section of activities reports (H. Res. 40, Jan. 14, 2009, p. _), and
    eliminated a gender-based reference (sec. 2(l), H. Res. 5, Jan. 6, 2009,
    p. _). In the 112th Congress, the paragraph was rewritten entirely to
    increase to semiannual the frequency of reports and to clarify late-
    session filing (sec. 2(e)(13), H. Res. 5, Jan. 5, 2011, p. _).
      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

    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

    [[Page 546]]

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

      (2) Each committee shall make its rules publicly available in
    electronic form and submit such rules for publication in the
    Congressional Record not later than 30 days after the chair of the
    committee is elected in each odd-numbered year.

      (3) A committee may adopt a rule providing that the chair be directed
    to offer a motion under clause 1 of rule XXII whenever the chair
    considers it appropriate.

      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 in which a Senate
    committee failed to publish in the Record a rule regarding a quorum for
    the purpose of taking sworn testimony. 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. 47).
    Subparagraph (2) was amended in the 112th Congress to require committee
    rules to also be publicly available in electronic form, and to begin the
    day-count for submission from the election of the chair (vice the
    committee) (sec. 2(c)(8), H. Res. 5, Jan. 5, 2011, p. _). Subparagraph
    (3) was added in the 109th Congress (sec. 2(d), H. Res. 5, Jan. 4, 2005,
    p. 43). Gender-based references were eliminated in the 111th Congress
    (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _).

    [[Page 547]]

    bert, July 22, 1974, pp. 24436-47). This provision
    requires a select committee to publish its adopted rules in the Record
    (June 25, 1998, p. 14014).
      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 Al

    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 before 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 governs the House and its committees in all
    cases to which it is applicable (clause 1 of rule XXIX). 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, 427, supra) generally apply to proceedings in committees
    of the House of Representatives, except that because 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 motion for the previous question
    may be applied to a question under debate in committee when it has been
    read (or considered as read) for amendment in its entirety.

      Committees generally conduct their business under the five-minute rule
    but may employ the ordinary motions that are in order in the House, such
    as under clause 4 of rule XVI.
    Regular meeting days

    [[Page 548]]

    unless otherwise provided by
    written rule adopted by the committee.
    Additional and special meetings

    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

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

    [[Page 549]]

    tify all members of the committee that
    such special meeting will be held and inform them of its date and hour
    and the measure or matter to be considered. Only the measure or matter
    specified in that notice may be considered at that special meeting.
    Temporary absence of chair
      (2) Three or more members of a standing committee may file in the
    offices of the committee a written request that the chair call a special
    meeting of the committee. Such request shall specify the measure or
    matter to be considered. Immediately upon the filing of the request, the
    clerk of the committee shall notify the chair of the filing of the
    request. If the chair does not call the requested special meeting within
    three calendar days after the filing of the request (to be held within
    seven calendar days after the filing of the request) a majority of the
    members of the committee may file in the offices of the committee their
    written notice that a special meeting of the committee will be held. The
    written notice shall specify the date and hour of the special meeting
    and the measure or matter to be considered. The committee shall meet on
    that date and hour. Immediately upon the filing of the notice, the clerk
    of the committee shall no

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

      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
    chair (H. Res. 5, Jan. 3, 1991, p. 39). In the 104th Congress paragraph
    (d) was amended to permit the chair of a full committee to designate
    vice chairs 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. 47). Gender-based references were eliminated in the
    111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _).

    [[Page 550]]

    Committee records
      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 chair (VIII, 2213, 2214). These
    precedents should be read in light of paragraph (d) and clause 5(c) of
    rule X. 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 chair, call a meeting of the committee on the same day (VIII,
    2213).

    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.

    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 and also made publicly
    available in electronic form within 48 hours of such record vote.
    Information so available shall include a description of the amendment,
    motion, order, or other proposition, the name of each member voting for
    and each member voting against such amendment, motion, order, or
    proposition, and the names of those members of the committee present but
    not voting.

    [[Page 551]]

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

    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 chair. Such records shall be the
    property of the House, and each Member, Delegate, and the Resident
    Commissioner shall have access thereto.

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

      (3) Each committee shall include in its rules standards for
    availability of records of the committee delivered to the Archivist of
    the United States under rule VII. Such standards shall specify
    procedures for orders of the committee under clause 3(b)(3) and clause
    4(b) of rule VII, including a requirement that nonavailability of a
    record for a period longer than the period otherwise applicable under
    that rule shall be approved by vote of the committee.

      (4) Each committee shall make its publications available in electronic
    form to the maximum extent feasible.

      (5) To the maximum extent practicable, each committee shall--

    [[Page 552]]

    ness in a manner that allows the public
    to easily listen to and view the proceedings; and
          (A) provide audio and video coverage of each hearing or meeting
    for the transaction of busi

          (B) maintain the recordings of such coverage in a manner that is
    easily accessible to the public.

      (6) Not later than 24 hours after the adoption of any amendment to a
    measure or matter considered by a committee, the chair of such committee
    shall cause the text of each such amendment to be made publicly
    available in electronic form.

    [[Page 553]]

    7, 1997, p. 121). Subparagraphs (5) and
    (6) were added in the 112th Congress (secs. 2(c)(6), 2(c)(9), H. Res. 5,
    Jan. 5, 2011, p. _). Clerical and stylistic changes were effected when
    the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
    1999, p. 47). A gender-based reference was eliminated in the 111th
    Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). This paragraph was
    amended in the 112th Congress to reflect a change in committee name
    (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _).
      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 Ethics (formerly 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. 19336).
    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 because 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)(1) was amended in the 112th
    Congress to require that record votes be electronically available within
    48 hours (sec. 2(c)(5), H. Res. 5, Jan. 5, 2011, p. _). 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 Ethics (formerly 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.

      Although all Members have access to committee records under this
    clause, it is not without qualification. For example, this clause: (1)
    does not give a Member the right 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); (2)
    does not necessarily apply to records within the possession of the
    executive branch that 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); (3) does not apply to records (an executive communication not
    yet referred to committee) in the possession of the House (Sept. 9,
    1998, p. 19769). 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. 20020).

      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). 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 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). Compare this clause with clause 11(g)(3) of rule X,
    which only permits access of nonmembers of the Permanent Select
    Committee on Intelligence to classified information in the possession of
    that committee when authorized by that committee. A resolution directing
    a standing committee to release executive-session material referred to
    it 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. 21562).

    [[Page 554]]

    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.

    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.

      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. 47).

    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 555]]

    would tend to
    defame, degrade, or incriminate any person, or otherwise would violate a
    law or rule of the House. Persons, other than members of the committee
    and such noncommittee Members, Delegates, Resident Commissioner,
    congressional staff, or departmental representatives as the committee
    may authorize, may not be present at a business or markup session that
    is held in executive session. This subparagraph does not apply to open
    committee hearings, which are governed by clause 4(a)(1) of rule X or by
    subparagraph (2).

    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
    Ethics or its subcommittees) shall be open to the public, including to
    radio, television, and still photography coverage, except when the
    committee or subcommittee, in open session and with a majority present,
    determines by record vote that all or part of the remainder of the
    meeting on that day shall be in executive session because disclosure of
    matters to be considered would endanger national security, would
    compromise sensitive law enforcement information,

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

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

    [[Page 556]]

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

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

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

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

      (3)(A) The chair of a committee shall announce the date, place, and
    subject matter of--

    [[Page 557]]

          (i) a committee hearing, which may not commence earlier than one
    week after such notice; or

          (ii) a committee meeting, which may not commence earlier than the
    third day on which members have notice thereof.

      (B) A hearing or meeting may begin sooner than specified in
    subdivision (A) in either of the following circumstances (in which case
    the chair shall make the announcement specified in subdivision (A) at
    the earliest possible time):

          (i) the chair of the committee, with the concurrence of the
    ranking minority member, determines that there is good cause; or

          (ii) the committee so determines by majority vote in the presence
    of the number of members required under the rules of the committee for
    the transaction of business.

      (C) An announcement made under this subparagraph shall be published
    promptly in the Daily Digest and made publicly available in electronic
    form.

      (D) This subparagraph and subparagraph (4) shall not apply to the
    Committee on Rules.

      (4) At least 24 hours prior to the commencement of a meeting for the
    markup of legislation, or at the time of an announcement under
    subparagraph (3)(B) made within 24 hours before such meeting, the chair
    of the committee shall cause the text of such legislation to be made
    publicly available in electronic form.

    [[Page 558]]

    summaries thereof. In the case of a witness
    appearing in a nongovernmental capacity, a written statement of proposed
    testimony shall include a curriculum vitae and a disclosure of the
    amount and source (by agency and program) of each Federal grant (or
    subgrant thereof) or contract (or subcontract thereof) received during
    the current fiscal year or either of the two previous fiscal years by
    the witness or by an entity represented by the witness. Such statements,
    with appropriate redactions to protect the privacy of the witness, shall
    be made publicly available in electronic form not later than one day
    after the witness appears.
      (5) Each committee shall, to the greatest extent practicable, require
    witnesses who appear before it to submit in advance written statements
    of proposed testimony and to limit their initial presentations to the
    committee to brief

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

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

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

    [[Page 559]]

    committee 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 and Armed Services,
    and the Permanent Select Committee on 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. 47). 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
    Ethics 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. 19336). Subparagraphs (3), (5), (6), and (7) 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 as follows: 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 hearings into the
    committee scheduling service of the House Information Resources; in the
    104th Congress to permit the calling of a hearing on less than seven
    days' notice upon a determination of good cause either by vote of the
    committee or subcommittee or by its chair with the concurrence of its
    ranking minority member (H. Res. 43, Jan. 31, 1995, p. 3028); and in the
    112th Congress to apply the notice requirement to meetings (sec.
    2(c)(3), H. Res. 5, Jan. 5, 2011, p. _). A new subparagraph (4) was
    inserted (and subsequent subparagraphs redesignated) in the 112th
    Congress to require availability of

    [[Page 560]]

    committee markup text (sec.
    2(c)(4), H. Res. 5, Jan. 5, 2011, p. _). 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. 47). Subparagraph (5) (then 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) and in the
    112th Congress to require electronic availability of such disclosures
    (sec. 2(c)(7), H. Res. 5, Jan. 5, 2011, p. _). Clerical and stylistic
    changes were effected when the House recodified its rules in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. 47). Gender-based references were
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    _). This paragraph was amended in the 112th Congress to reflect a change
    in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, 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, 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 the case of a
    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 sub

    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. 20020).

    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.

    [[Page 561]]

    the 104th Congress both of
    those features were deleted from the rule (sec. 207, H. Res. 6, Jan. 4,
    1995, p. 467).
      This subparagraph 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. 47). 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 although 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

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

    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) (formerly 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) (formerly 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. 47). 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. 25).

    [[Page 562]]

    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. 11677).

      By unanimous consent the Committee on Standards of Official Conduct
    (now Ethics) 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 (other than the committee on Oversight and Government Reform
    under clause 4(c) of rule X) to conduct depositions or interrogatories
    before one

    Sec. 800a. Postponing votes in committee.

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

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

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

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

      This subparagraph was added in the 108th Congress (sec. 2(g), H. Res.
    5, Jan. 7, 2003, p. 7). A gender-based reference was eliminated in the
    111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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 563]]

    p. 34470), the
    Committees on Appropriations, the Budget, and Rules were exempted from
    this clause; 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), who controls one hour of debate thereon (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. 47).

    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. Although 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 chair by a majority of them
    before the completion of the hearing, to call witnesses selected by the
    minority to testify with respect to that measure or matter during at
    least one day of hearing thereon.

    [[Page 564]]

    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. Although 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 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. 47). A gender-based reference was
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    _).

    [[Page 565]]

    803. Hearing procedure.

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

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

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

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

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

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

    [[Page 566]]

    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 chair shall receive
    and the committee shall dispose of requests to subpoena additional
    witnesses.

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

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

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

    [[Page 567]]

    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 that witness) or a member of the Committee (with
    respect to any person) (sec. 2(j), H. Res. 5, Jan. 3, 2001, p. 25). 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. 47). ``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. 25).
    Gender-based references were eliminated in the 111th Congress (sec.
    2(l), H. Res. 5, Jan. 6, 2009, 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. 25). The former requirement of
    paragraph (k)(9) that a witness must pay the cost of a transcript copy
    of 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 to be

    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 classified 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
    prohibits disclosure of information provided to committees or Members of
    the House except in a secret session. For a discussion of questions of
    the privileges of the House addressing committee hearing procedure, see
    Sec. 704, supra.

    [[Page 568]]

    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 such notice (excluding Saturdays,
    Sundays, and

    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. 47).

    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 569]]

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

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

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

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

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

    [[Page 570]]

    the chair 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 chair 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 Ethics
    (formerly Standards of Official Conduct) was adopted in the 105th
    Congress (sec. 15, H. Res. 168, Sept. 18, 1997, p. 19319). 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. 47). 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. 26). Gender-based
    references were eliminated in the 111th Congress (sec. 2(l), H. Res. 5,
    Jan. 6, 2009, p. _). This paragraph was amended in the 112th Congress to
    reflect a change in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5,
    2011, p. _).
      Before 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 chair
    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 the Speaker's hand and seal, and it
    must be attested by the Clerk pursuant to clause 2(d) of rule II
    (formerly 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 chair 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 the House
    of Congress of which a Member, or any committee thereof.

    [[Page 571]]

    such authority must
    be conferred by separate action of the House (see Sec. 800, supra).

      Although under this clause the Committee on Ethics 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 authorizes an
    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) (formerly subparagraph (2)(B)) has
    been interpreted to require authorization by the full House before a
    subcommittee chair could intervene in a lawsuit 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 or
    interrogatories. Except in the case of the Committee on Oversight and
    Government Reform under clause 4(c) of rule X,

    Sec. 805a. Certain hearings required.

      (n)(1)  Each standing
    committee, or a subcommittee thereof, shall hold at least one hearing
    during each 120-day period following the establishment of the committee
    on the topic of waste, fraud, abuse, or mismanagement in Government
    programs which that committee may authorize.

      (2) A hearing described in subparagraph (1) shall include a focus on
    the most egregious instances of waste, fraud, abuse, or mismanagement as
    documented by any report the committee has received from a Federal
    Office of the Inspector General or the Comptroller General of the United
    States.

      (o) Each committee, or a subcommittee thereof, shall hold at least one
    hearing in any session in which the committee has received disclaimers
    of agency financial statements from auditors of any Federal agency that
    the committee may authorize to hear testimony on such disclaimers from
    representatives of any such agency.

      (p) Each standing committee, or a subcommittee thereof, shall hold at
    least one hearing on issues raised by reports issued by the Comptroller
    General of the United States indicating that Federal programs or
    operations that the committee may authorize are at high risk for waste,
    fraud, and mismanagement, known as the ``high-risk list'' or the ``high-
    risk series.''

    [[Page 572]]

    Committee on Ethics
      Paragraphs (n), (o), and (p) were added in the 111th Congress (H. Res.
    40, Jan. 14, 2009, p. _).

    806. Ethics; additional duties.

      3. (a) The  Committee on
    Ethics 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 573]]

          (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 the duties or the discharge of the responsibilities
    of such individual. 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 the committee may consider
    appropriate in the circumstances.

          (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 the duties or the discharge of the responsibilities of
    such individual 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 574]]

          (6)(A) The committee shall offer annual ethics training to each
    Member, Delegate, Resident Commissioner, officer, and employee of the
    House. Such training shall--

              (i) involve the classes of employees for whom the committee
    determines such training to be appropriate; and

              (ii) include such knowledge of the Code of Official Conduct
    and related House rules as may be determined appropriate by the
    committee.

          (B)(i) A new officer or employee of the House shall receive
    training under this paragraph not later than 60 days after beginning
    service to the House.

          (ii) Not later than January 31 of each year, each officer and
    employee of the House shall file a certification with the committee that
    the officer or employee attended ethics training in the last year as
    established by this subparagraph.

      (b)(1)(A) Unless approved by an affirmative vote of a majority of its
    members, the Committee on Ethics may not report 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)(i) Upon the receipt of information offered as a complaint that is
    in compliance with this rule and the rules of the committee, the chair
    and ranking minority member jointly may appoint members to serve as an
    investigative subcommittee.

    [[Page 575]]

    formation 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.
      (ii) The chair and ranking minority member of the committee jointly
    may gather additional in

      (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--

          (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;

          (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 such Member, Delegate, or
    Resident Commissioner believes the information is submitted in good
    faith and warrants the review and consideration of the committee; or

    [[Page 576]]

    Committee on Ethics, the chair 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 chair 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.
          (C) upon receipt of a report regarding a referral from the board
    of the Office of Congressional Ethics.
    If a complaint is not disposed of within the applicable periods set
    forth in the rules of the

      (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.

    [[Page 577]]

      (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 seek disqualification 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
    chair 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.

      (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.

    [[Page 578]]

    board
    pursuant to a request under paragraph (r), the chair of the Committee on
    Ethics shall make public the written report and findings of the board
    unless the chair and ranking member, acting jointly, decide or the
    committee votes to withhold such information for not more than one
    additional period of the same duration, in which case the chair shall--
      (8)(A) Except as provided by subdivisions (B), (C), and (D), not later
    than 45 calendar days or 5 legislative days, whichever is later, after
    receipt of a written report and any findings and supporting
    documentation regarding a referral from the board of the Office of
    Congressional Ethics or of a referral of the matter from the

          (i) upon the termination of such additional period, make public
    the written report and findings; and

          (ii) upon the day of such decision or vote, make a public
    statement that the committee has voted to extend the matter relating to
    the referral made by the board of the Office of Congressional Ethics
    regarding the Member, officer, or employee of the House who is the
    subject of the applicable referral.
    At least one calendar day before the committee makes public any written
    report and findings of the board, the chair shall notify such board and
    the applicable Member, officer, or employee of that fact and transmit to
    such individual a copy of the statement on the committee's disposition
    of, and any committee report on, the matter.

    [[Page 579]]

    previous sentence,
    a vote by the committee to dismiss a matter is not inconsistent with a
    report from the board respecting the matter as unresolved due to a tie
    vote.
      (B)(i) Notwithstanding subdivision (A)(i), if the committee votes to
    dismiss a matter which is the subject of a referral from the board of
    the Office of Congressional Ethics, the committee is not required to
    make public the written report and findings described in such
    subdivision unless the committee's vote is inconsistent with the
    recommendation of the board. For purposes of the

      (ii) Notwithstanding subdivision (A)(ii), if the board transmits a
    report respecting any matter with a recommendation to dismiss or as
    unresolved due to a tie vote, and the committee votes to extend the
    matter for an additional period as provided in subdivision (A), the
    committee is not required to make a public statement that the committee
    has voted to extend the matter.

      (iii) Except as provided by subdivision (E), if the committee
    establishes an investigative subcommittee respecting any such matter,
    then the report and findings of the board shall not be made public until
    the conclusion of the investigative subcommittee process and the
    committee shall issue a public statement of the establishment of an
    investigative subcommittee, which statement shall include the name of
    the applicable Member, officer, or employee, and shall set forth the
    alleged violation. If any such investigative subcommittee does not
    conclude its review within one year after the board transmits a report
    respecting any matter, then the committee shall make public the report
    and upon the expiration of the Congress in which the report is made
    public, the committee shall make public any findings.

    [[Page 580]]

    Congressional Ethics or of a referral of the matter from
    the board pursuant to a request under paragraph (r), the committee
    agrees to a request from an appropriate law enforcement or regulatory
    authority to defer taking action on the matter--
      (C)(i) If, after receipt of a written report and any findings and
    supporting documentation regarding a referral from the board of the
    Office of

          (I) notwithstanding subdivision (A)(i), the committee is not
    required to make public the written report and findings described in
    such subdivision, except that if the recommendation of the board with
    respect to the report is that the matter requires further review, the
    committee shall make public the written report but not the findings; and

          (II) before the end of the first day (excluding Saturdays,
    Sundays, and public holidays) after the day that the committee agrees to
    the request, the committee shall make a public statement that it is
    deferring taking action on the matter at the request of such authority.

      (ii) If, upon the expiration of the one-year period that begins on the
    date the committee makes the public statement described in item (i)(II),
    the committee has not acted on the matter, the committee shall make a
    new public statement that it is still deferring taking action on the
    matter, and shall make a new statement upon the expiration of each
    succeeding one-year period during which the committee has not acted on
    the matter.

    [[Page 581]]

    local election in which the subject of the referral is a
    candidate. The committee may delay any reporting requirement under this
    subparagraph that falls within that 60-day period until the end of such
    period and in that case, for purposes of subdivision (A), days within
    the 60-day period shall not be counted.
      (D) The committee may not receive any referral from the board of the
    Office of Congressional Ethics within 60 days before a Federal, State,
    or

      (E) If, at the close of any applicable period for a reporting
    requirement under this subparagraph with respect to a referral from the
    board of the Office of Congressional Ethics, the vote of the committee
    is a tie or the committee fails to act, the report and the findings of
    the board shall be made public by the committee, along with a public
    statement by the chair explaining the status of the matter.

      (c)(1) Notwithstanding clause 2(g)(1) of rule XI, each meeting of the
    Committee on Ethics 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 Ethics
    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.

    [[Page 582]]

    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:
      (d) Before a member, officer, or employee of the Committee on Ethics,
    including members of a subcommittee of the committee selected under

          ``I do solemnly swear (or affirm) that I will not disclose, to any
    person or entity outside the Committee on Ethics, any information
    received in the course of my service with the committee, except as
    authorized 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 Ethics and
    appropriate action shall be taken.

      (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 Ethics, 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 Ethics.

    [[Page 583]]

    ing 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. 19318). Paragraph (b)(5) (formerly 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 seek
    disqualification from participating in an investigation, and paragraph
    (b)(6) (formerly clause 4(e)(2)(F) of rule X) was added in the 96th
    Congress (H. Res. 5, Jan. 15, 1979, p. 8).
      The investigative authority contained in this provision (formerly
    clause 4(e) of rule X) was first conferred upon the committee in the
    90th Congress (H. Res. 1099, Apr. 3, 1968, p. 8802). Effective January
    3, 1975, the former requirement in paragraph (b)(1)(A) (formerly clause
    4(e)(2)(A) of rule X) that not less than seven committee members
    authorize an investigation was changed to permit a majority of the
    committee 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 chair and rank

      This provision was amended in several particulars by the Ethics Reform
    Act of 1989 (P.L. 101-194): (1) paragraph (a)(1) (formerly clause
    4(e)(1)(A) of rule X) was amended to enable a letter of reproval or
    other administrative action of the committee to be implemented as part
    of a report to the House, with no action required of the House; (2)
    paragraph (a)(2) (formerly 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)
    (formerly clause 4(e)(1)(E) of rule X) was added to empower the
    committee to consider requests that the rule restricting the acceptance
    of gifts be waived in exceptional circumstances; and (4) paragraph
    (b)(3) (formerly clause 4(e)(2)(C) of rule X) was amended to set a
    general limitation on actions for committee consideration of ethics
    matters.

      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
    committee filed one report to the House (H. Rept. 105-1, H. Res. 31,
    Jan. 21, 1997, p. 393). The current form of paragraph (c) (formerly
    clause 4(e)(3) of rule X) was adopted later in the 105th Congress (sec.
    5, H. Res. 168, Sept. 18, 1997, p. 19318).

    [[Page 584]]

    2007, p. 19). Paragraphs (b)(2)(C) and (b)(8) were added in the
    110th Congress (H. Res. 895, Mar. 11, 2008, p. _). Gender-based
    references were eliminated in the 111th Congress, and paragraph (b)(5)
    was amended to clarify the disqualification process (sec. 2(l), H. Res.
    5, Jan. 6, 2009, p. _). Amendments were effected in the 112th Congress
    to reflect a change in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5,
    2011, 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. 47).
      Additional amendments to this provision were adopted in the 105th
    Congress as follows: (1) paragraphs (d) and (e) (formerly clauses
    4(e)(4) and 4(e)(5)) were adopted (sec. 6 and sec. 19, H. Res. 168,
    Sept. 18, 1997, pp. 19318, 19320); (2) paragraph (b)(2) (formerly 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 committee rules
    and to specify parameters for the filing of complaints by non-Members
    (sec. 11, H. Res. 168, Sept. 18, 1997, p. 19318); and (3) paragraph
    (a)(3) (formerly clause 4(e)(1)(C) of rule X) was amended to permit the
    committee 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 committee without the approval of the House (sec. 18, H.
    Res. 168, Sept. 18, 1997, p. 19320). Paragraph (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. 24). Paragraph (a)(6) was added in the 110th
    Congress, effective March 1, 2007 (sec. 211, H. Res. 6, Jan. 4,

      In the 110th, 111th, and 112th Congresses, the House directed the
    committee to empanel an investigative subcommittee upon a Member being
    indicted or otherwise formally charged with criminal conduct, or to
    report to the House if it decides not to so empanel a subcommittee (H.
    Res. 451, June 5, 2007, p. _; sec. 4(e), H. Res. 5, Jan. 6, 2009, p. _;
    sec. 4(d), H. Res. 5, Jan. 5, 2011, p. _).

    Committee agendas
      In the 110th Congress, the House adopted a resolution establishing an
    independent Office of Congressional Ethics to investigate individually-
    initiated alleged ethics violations and to report its recommendations to
    the Committee (Mar. 11, 2008, p. _). The 111th and 112th Congresses re-
    established the office with a modification on its authority to engage
    consultants (sec. 4(d), H. Res. 5, Jan. 6, 2009, p. _; sec. 4(c), H.
    Res. 5, Jan. 5, 2011, p. _).

    806a. Ethics; committee rules.

      (f)  The committee shall
    adopt rules providing that the chair shall establish the agenda for
    meetings of the committee, but shall not preclude the ranking minority
    member from placing any item on the agenda.
    Committee staff

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

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

    [[Page 585]]

          (B) each member of the staff shall be professional and
    demonstrably qualified for the position for which 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 the employment or duties with the committee of such
    individual without specific prior approval from the chair and ranking
    minority member; and

          (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.

    [[Page 586]]

    mines, by an
    affirmative vote of a majority of the members of the committee, that the
    retention of outside counsel is necessary and appropriate.
      (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 deter

      (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.

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

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

    [[Page 587]]

    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
          (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

          (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 chair 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 588]]

    Duties of chair 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
    committee, the chair 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.

            complaints

      (k)(1) The committee shall adopt rules providing that whenever the
    chair 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

          (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 necessary in order to make a
    recommendation under subdivision (A).

    [[Page 589]]

    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 chair 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 chair and ranking minority member regarding information not
      (2) The committee shall adopt rules providing that if the chair 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

            constituting a complaint

      (l) The committee shall adopt rules providing that whenever the chair
    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--

          (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

    [[Page 590]]

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

      (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 chair
    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 591]]

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

          (3) the chair 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 592]]

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

      (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 593]]

    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 witness; but if such evidence is
    withheld, the subcommittee shall inform the respondent

          (2) neither the respondent nor the counsel of the respondent
    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 the counsel of the respondent only
    after each agrees, in writing, that no document, information, or other
    materials obtained pursuant to that paragraph shall be made public
    until--

    [[Page 594]]

              (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 the counsel of the respondent 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 chair 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;

          (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 chair
    and ranking minority member of the subcommittee, and the outside
    counsel, if any;

    [[Page 595]]

    ent 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
          (7) statements or information derived solely from a respondent or
    the counsel of a respond

          (8) whenever a motion to establish an investigative subcommittee
    does not prevail, the committee shall promptly send a letter to the
    respondent informing the respondent 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 the right to an adjudicatory
    hearing, and the respondent's waiver is approved by the committee--

    [[Page 596]]

    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 597]]

    investigating such matter, the committee may at
    any time so notify the board and request that the board cease its review
    and refer the matter to the committee for its consideration. If at the
    end of the applicable time period (including any permissible extension)
    the committee has not reached a final resolution of the matter or has
    not referred the matter to the appropriate Federal or State authorities,
    the committee shall so notify the board of the Office of Congressional
    Ethics in writing. The committee may not request the same matter from
    the board more than one time.

      (r) Upon receipt of any written notification from the board of the
    Office of Congressional Ethics that the board is undertaking a review of
    any alleged conduct of any Member, officer, or employee of the House and
    if the committee is

    [[Page 598]]

    to paragraph (o)(2) was effected in the 112th
    Congress (sec. 2(f), H. Res. 5, Jan. 5, 2011, 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 with the expectation that the recommendations of the task
    force would include changes relating to the Committee on Standards of
    Official Conduct (now Ethics) and the process by which the House
    enforces standards of official conduct (Feb. 12, 1997, p. 2058). The
    moratorium was extended through September 10, 1997 (July 30, 1997, p.
    16958). On September 18, 1997, the House adopted the recommendations of
    the task force with certain amendments (H. Res. 168, 105th Cong., p.
    19340), 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. 47) and again for the 107th Congress
    with an exception to section 13 (sec. 3(a), H. Res. 5, Jan. 3, 2001, p.
    24). In the 108th Congress the pertinent free-standing 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. 7). On the opening day of the 109th Congress,
    various changes were made to paragraphs (b), (k), (p), and (q) (sec.
    2(k), H. Res. 5, Jan. 4, 2005, p. 43). Later in the 109th Congress,
    those changes were redacted and the affected provisions as they existed
    at the close of the 108th Congress were reinstated (H. Res. 240, Apr.
    27, 2005, p. 8045). Paragraph (r) was added in the 110th Congress (H.
    Res. 895, Mar. 11, 2008, p. _). Gender-based references were eliminated
    in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _). A
    technical amendment

      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

            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

    [[Page 599]]

    committee to hold a disciplinary hearing on
            adjudicatory sub

            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

                    applicable to such individuals 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

    [[Page 600]]

                    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.''.

                                   __________

      On occasions in which 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, 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 direction of the House, the
    acting chair of the Committee on Standards of Official Conduct (now
    Ethics) 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 chair 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. 5631). In the 106th Congress the committee
    filed a report issuing a letter of reproval regarding the conduct of a
    Member (Oct. 16, 2000, p. 22834).

    [[Page 601]]

    ceeding 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) (formerly 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 chair
    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).
      Under clause 3(b)(4) (formerly clause 4(e)(2)(D) of rule X), a member
    of the Committee on Ethics is ineligible to participate in a committee
    pro

    Audio and visual coverage of committee proceedings
      The committee has compiled statutory and rule-based ethical standards
    in the House Ethics Manual (110th Cong., 2d Sess.). In the Manual, the
    committee incorporates its advisory opinions issued under clause 3(a)(4)
    (formerly 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.

    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--

    [[Page 602]]

    and its committees, the
    consideration thereof, and the action taken thereon; and
          (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

          (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.

    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) 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--

    [[Page 603]]

    general work of the
    committee or of the House; or
          (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

          (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.

    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 chair may not limit the number of television
    or still cameras to fewer than two representatives from each medium
    (except for legitimate space or safety considerations, in which case
    pool coverage shall be authorized).

    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.

    [[Page 604]]

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

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

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

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

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

    [[Page 605]]

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

          (7) If requests are made by more of the media than will be
    permitted by a committee or subcommittee chair for coverage of a hearing
    or meeting by still photography, that coverage shall be permitted on the
    basis of a fair and equitable pool arrangement devised by the Standing
    Committee of Press Photographers.

    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 606]]

    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
    chair with the discretion to determine the appropriate number (H. Res.
    7, Jan. 3, 1985, p. 393). Paragraph (f)(7) was amended in the 112th
    Congress to remove obsolete references to news organizations (sec.
    2(e)(3), H. Res. 5, Jan. 5, 2011, p. _). 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 chairs from limiting coverage to less than two
    representatives from each medium, except if 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 105th Congress (H. Res. 301, Nov. 12, 1997, p.
    26041). Gender-based references were eliminated in the 111th Congress
    (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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. 47).

    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, the rule was amended to
    permit committees to adopt rules allowing coverage of committee meetings
    as well as hearings(H. Res. 1107, July 22, 1974, p. 24447). Paragraphs
    (e), (f)(3), (f)(5), and (f)(8) of this clause were amended in the 99th
    Congress to remove

    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.

    [[Page 607]]

    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. 47). 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. 47). For further
    provisions relating to witnesses, see clauses 2(j) and (k) of rule XI
    (Sec. Sec. 802-803, supra).
      This clause (formerly 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

    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 limitation. 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.
    47).

     end segment .008 segment .009 -- rule XII through rule XIV

      The business of conferences between the two Houses is not interrupted
    by an adjournment of a session that does not terminate the Congress (V,
    6260-6262), and if 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).