[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 115th Congress]
[115th Congress]
[House Document 114-192]
[Rules of the House of Representatives]
[Pages 554-623]
[From the U.S. Government Publishing Office, www.gpo.gov]






                                 Rule XI


In general
            procedures of committees and unfinished business



787. Committee procedure.

  1.  (a)(1)(A) 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 555]]

erence 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 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 ref

  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.



[[Page 556]]

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

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


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


  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 clause 8 of rule X 
and clause 2(m) 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). Subparagraph (4) 
was amended in the 114th Congress to include dissenting views to mirror 
an amendment to clause 2(l) (sec. 2(a)(5), H. Res. 5, Jan. 6, 2015, p. 
_).




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.



[[Page 557]]

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. 
80). Clerical and stylistic changes were effected when the House 
recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 
47).

  Paragraph (c) was made part of the rules by the Committee Reform 
Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,



Sec. 790. Activity reports.

  (d)(1)  Not later than January 2 
of each odd-numbered year, a committee shall submit to the House a 
report on the activities of that committee.


  (2) Such report shall include--

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

      (B) a summary of the authorization and oversight plans submitted 
by the committee under clause 2(d) of rule X;

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

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

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


[[Page 558]]

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

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


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

  The provisions of paragraph (d)(1) were first made requirements of the 
rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144, 
incorporating the provisions of sec. 118(b) of the Legislative 
Reorganization Act of 1970 (84 Stat. 1140)), and effective on January 3, 
1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), exemptions from 
the reporting requirements for the Committees on Appropriations, the 
Budget, House Administration, Rules, and Ethics (formerly Standards of 
Official Conduct) were removed, so the paragraph from that point applied 
to all committees. The 104th Congress added what is now subparagraph (2) 
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) which requirement for a summary 
comparison was modified in the 115th Congress to reflect the addition of 
authorization and oversight plans in clause 2(d) of rule X (sec. 2(b), 
H. Res. 5, Jan. 3, 2017, p. _). What is now subparagraph (3) 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 (2) 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. 
757), and eliminated a gender-based reference (sec. 2(l), H. Res. 5, 
Jan. 6, 2009, p. 7). In the 112th Congress, the paragraph was rewritten 
entirely to clarify late-session filing and to increase from biennial to 
semiannual the frequency of reports (sec. 2(e)(13), H. Res. 5, Jan. 5, 
2011, p. 80), which was reduced to annual in the 113th Congress (sec. 
2(a), H. Res. 5, Jan. 3, 2013, p. _) and back to biennial in the 114th 
Congress (sec. 2(a)(4), H. Res. 5, Jan. 6, 2015, p. _). Subparagraph 
(3)(B) was amended in the 114th Congress to include dissenting views to 
mirror an amendment to clause 2(l) (sec. 2(a)(5), H. Res. 5, Jan. 6, 
2015, p. _).



[[Page 559]]

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;

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

      (D) shall include provisions to govern the implementation of 
clause 4 as provided in paragraph (f) of such clause.

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


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


[[Page 560]]

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. 80). Subparagraph 
(3) was added in the 109th Congress (sec. 2(d), H. Res. 5, Jan. 4, 2005, 
p. 43). Subparagraph (1)(D) was added in the 114th Congress when this 
requirement was removed from clause 4(f) (sec. 2(a)(6), H. Res. 5, Jan. 
6, 2015, p. _). Gender-based references were eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7).
  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

  Committees have historically adopted rules under which they function 
(I, 707; III, 1841, 1842; VIII, 2214). It is the responsibility of the 
committees, and not the House, to construe and enforce additional 
committee rules on the calling of committee meetings (Speaker Albert, 
July 22, 1974, pp. 24436, 24437). This provision requires a select 
committee to publish its adopted rules in the Record (June 25, 1998, p. 
14014).



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 recommittal 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).



[[Page 561]]

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.
  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

  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



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 if notice is given pursuant to 
paragraph (g)(3).
Additional and special meetings



[[Page 562]]

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

  (2) Three or more members of a standing committee may file in the 
offices of the committee a written request that the chair call a special 
meeting of the committee. Such request shall specify the measure or 
matter to be considered. Immediately upon the filing of the request, the 
clerk of the committee shall notify the chair of the filing of the 
request. If the chair does not call the requested special meeting within 
three calendar days after the filing of the request (to be held within 
seven calendar days after the filing of the request) a majority of the 
members of the committee may file in the offices of the committee their 
written notice that a special meeting of the committee will be held. The 
written notice shall specify the date and hour of the special meeting 
and the measure or matter to be considered. The committee shall meet on 
that date and hour. Immediately upon the filing of the notice, the clerk 
of the committee shall notify all members of the committee that such 
special meeting will be held and inform them of its date and hour and 
the measure or matter to be considered. Such notice shall also be made 
publicly available in electronic form and shall be deemed to satisfy 
paragraph (g)(3)(A)(ii). Only the measure or matter specified in that 
notice may be considered at that special meeting.
Temporary absence of chair


[[Page 563]]

mittee 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.

  (d) A member of the majority party on each standing committee or 
subcommittee thereof shall be designated by the chair of the full com

  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. 7). In the 113th 
Congress paragraph (b) was amended to require the holding of a regular 
meeting only if notice thereof is given, and paragraph (c)(2) was 
amended to clarify that a special meeting does not require additional 
notice under paragraph (g) (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _).

  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).
Committee records



794. Required records.

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



[[Page 564]]

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

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



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.


  (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.


[[Page 565]]



Sec. 796. Committee files.

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


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

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

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

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

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

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


[[Page 566]]

ment to be made publicly available in electronic form.

  (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 amend

  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. 80) and amended in 
the 113th Congress to effect a technical correction (sec. 2(f), H. Res. 
5, Jan. 3, 2013, 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), 
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), and was amended in the 
113th Congress to effect a technical correction (sec. 2(f), H. Res. 5, 
Jan. 3, 2013, p. _). Paragraph (e)(3) was added in the 101st Congress 
(H. Res. 5, Jan. 3, 1989, p. 72). Paragraph (e)(4) was added in the 
105th Congress (H. Res. 5, Jan. 7, 1997, p. 121). Subparagraphs (5) and 
(6) were added in the 112th Congress (secs. 2(c)(6), 2(c)(9), H. Res. 5, 
Jan. 5, 2011, p. 80). 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. 7). 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. 80).


[[Page 567]]

tions to govern the manner of access to their records, such as requiring 
examination only in committee rooms. In addition, this paragraph: (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).
  Although all Members have access to committee records under this 
paragraph, it is not without qualification. Committees may prescribe 
regula


Prohibition against proxy voting
  Testimony or evidence taken in executive sessions of a committee is 
under the control and subject to the regulation of the committee and, 
under paragraph (k)(7) (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 paragraph (k)(7) (Speaker O'Neill, Dec. 6, 1977, pp. 
38470-73). Compare this paragraph 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).




797. Ban on proxies.

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



[[Page 568]]

the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 
1999, p. 47).
  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


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 569]]

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, 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


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

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

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

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


[[Page 570]]

mittee 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.
  (C) A Member, Delegate, or Resident Commissioner may not be excluded 
from non-
participatory attendance at a hearing of a com

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

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

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

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


[[Page 571]]

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

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

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

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

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

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

  (5)(A) Each committee shall, to the greatest extent practicable, 
require witnesses who appear before it to submit in advance written 
statements of proposed testimony and to limit their initial 
presentations to the committee to brief summaries thereof.


[[Page 572]]

vious calendar years by the witness or by an entity represented by the 
witness and related to the subject matter of the hearing.
  (B) In the case of a witness appearing in a nongovernmental capacity, 
a written statement of proposed testimony shall include a curriculum 
vitae and a disclosure of any Federal grants or contracts, or contracts 
or payments originating with a foreign government, received during the 
current calendar year or either of the two pre

  (C) The disclosure referred to in subdivision (B) shall include--

      (i) the amount and source of each Federal grant (or subgrant 
thereof) or contract (or subcontract thereof) related to the subject 
matter of the hearing; and

      (ii) the amount and country of origin of any payment or contract 
related to the subject matter of the hearing originating with a foreign 
government.

  (D) Such statements, with appropriate redactions to protect the 
privacy or security of the witness, shall be made publicly available in 
electronic form not later than one day after the witness appears.

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

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


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


[[Page 573]]

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 subcommittee votes to close a meeting or hearing and to 
provide that a noncommittee Member cannot be excluded from a hearing 
except by a vote of the House. However, subparagraph (2) was amended in 
the 96th Congress (H. Res. 5, Jan. 15, 1979, p. 8) to permit a majority 
of those present under the rules of the committee for the purpose of 
taking testimony (not less than two members as provided in clause 
2(h)(2) of rule XI) to vote to close a hearing either to discuss whether 
the testimony would endanger national security or would violate clause 
2(k)(5) of this rule, or to proceed to close the hearing as provided by 
clause 2(k)(5). In the 98th Congress subparagraph (2) was amended 
further to permit the Committees on Appropriations 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), an authority extended to the Committee on Homeland Security in the 
115th Congress (sec. 2(m), H. Res. 5, Jan. 3, 2017, p. _). 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).
  Subparagraphs (1) and (2), relating to open committee meetings and 
hearings, were first made part of the rules on March 7, 1973 (H. Res.


[[Page 574]]

ice 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. 80).
  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 
serv

  A new subparagraph (4) was inserted (and subsequent subparagraphs 
redesignated) in the 112th Congress to require availability of committee 
markup text (sec. 2(c)(4), H. Res. 5, Jan. 5, 2011, p. 80). 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), in the 112th Congress to require electronic 
availability of such disclosures and enable redactions for witness 
privacy (sec. 2(c)(7), H. Res. 5, Jan. 5, 2011, p. 80), and in the 114th 
Congress to require the disclosure of contracts or payments from foreign 
governments, to confine the disclosure to the subject matter of the 
hearing, and to enable redactions for witness security (sec. 2(a)(1), H. 
Res. 5, Jan. 6, 2015, 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. 7). 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. 80).


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 575]]

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 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


  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.


[[Page 576]]

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).
  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.


  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 member or staff of the committee must be 
specifically conferred by the House (see, e.g., Oct. 13, 1988, p. 30467; 
H. Res. 167, 105th Cong., June 20, 1997, p. 11677). Such authority was 
granted to four committees in the 114th Congress (sec. 3(b), H. Res. 5, 
Jan. 5, 2015, p. _) and all but two committees in the 115th Congress 
(sec. 3(b), H. Res. 5, Jan. 3, 2017, p. _).



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.


[[Page 577]]

Limitation on committee sittings
  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. 7).




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.



Calling and questioning of witnesses
  This prohibition was added in the 101st Congress (H. Res. 5, Jan. 3, 
1989, p. 72). Other limitations on committee sittings, removed from this 
paragraph in the 105th Congress (H. Res. 5, Jan. 7, 1997, p. 121), had 
their origins in a separate clause in 1794. That clause 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. It prohibited committees from sitting at any time when the 
House was in session, but 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, p. 34470), the 
Committees on Appropriations, the Budget, and Rules were exempted; 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 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 in the 95th Congress 
(H. Res. 5, Jan. 4, 1977, pp. 53-70). An exemption for the Committee on 
House Administration was 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 provision for a privileged motion by the 
Majority Leader (sec. 208, H. Res. 6, Jan. 4, 1995, p. 467), who 
controlled one hour of debate thereon (Jan. 23, 1995, p. 2209). Clerical 
and stylistic changes were effected when the House recodified its rules 
in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47).


[[Page 578]]

mittee 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.


802. Witnesses.

  (j)(1)  Whenever a hearing is conducted by a 
committee on a measure or matter, the minority members of the com


  (2)(A) Subject to subdivisions (B) and (C), each committee shall apply 
the five-minute rule during the questioning of witnesses in a hearing 
until such time as each member of the committee who so desires has had 
an opportunity to question each witness.

  (B) A committee may adopt a rule or motion permitting a specified 
number of its members to question a witness for longer than five 
minutes. The time for extended questioning of a witness under this 
subdivision shall be equal for the majority party and the minority party 
and may not exceed one hour in the aggregate.


  (C) A committee may adopt a rule or motion permitting committee staff 
for its majority and minority party members to question a witness for 
equal specified periods. The time for extended questioning of a witness 
under this subdivision shall be equal for the majority party and the 
minority party and may not exceed one hour in the aggregate.


[[Page 579]]

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. 7). In the 
114th Congress a select committee was permitted to increase from five to 
ten minutes the time for questioning a witness under subparagraph (2)(A) 
(sec. 4(a), H. Res. 5, Jan. 6, 2015, p. _).

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



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--


[[Page 580]]

ecutive 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
      (A) notwithstanding paragraph (g)(2), such testimony or evidence 
shall be presented in ex

      (B) the committee shall proceed to receive such testimony in open 
session only if the committee, a majority being present, determines that 
such evidence or testimony will not tend to defame, degrade, or 
incriminate any person.
In either case the committee shall afford such person an opportunity 
voluntarily to appear as a witness, and receive and dispose of requests 
from such person to subpoena additional witnesses.

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

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


[[Page 581]]

  (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.

  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 subparagraph (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 
subparagraph (9) that a witness 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). Subparagraph (5) was amended in the 96th Congress to permit a 
committee or subcommittee to hear testimony asserted to be defamatory in 
executive session upon a determination by a majority of those present 
that such testimony is indeed defamatory, degrading, or incriminating 
(H. Res. 5, Jan. 15, 1979, pp. 7-16), in the 105th Congress 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), and 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). 
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) in the 107th Congress to conform the rule to House 
practice, which is to apply this paragraph to all committee 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. 7).


[[Page 582]]

a discussion of questions of the privileges of the House addressing 
committee hearing procedure, see Sec. 704, supra.

Supplemental, minority, additional, or dissenting views
  The requirements of paragraphs (g)(1) and (2), and of paragraph 
(m)(2)(A), 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 paragraph (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




804. Separate views.

  (l)  If at the time of approval of a 
measure or matter by a committee (other than the Committee on Rules) a 
member of the committee gives notice of intention to file supplemental, 
minority, additional, or dissenting views for inclusion in the report to 
the House thereon, all members shall be entitled to not less than two 
additional calendar days after the day of such notice (excluding 
Saturdays, Sundays, and legal holidays except when the House is in 
session on such a day) to file such written and signed views with the 
clerk of the committee.



Power to sit and act; subpoena power
  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 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). 
In the 113th Congress it was amended to clarify that notice inures to 
all committee members (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. _). It was 
amended in the 114th Congress to include dissenting views (sec. 2(a)(5), 
H. Res. 5, Jan. 6, 2015, p. _). 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).


[[Page 583]]

rule XII), a committee or subcommittee is authorized (subject to 
subparagraph (3)(A))--


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


      (A) to sit and act at such times and places within the United 
States, whether the House is in session, has recessed, or has adjourned, 
and to hold such hearings as it considers necessary; and

      (B) to require, by subpoena or otherwise, the attendance and 
testimony of such witnesses and the production of such books, records, 
correspondence, memoranda, papers, and documents as it considers 
necessary.

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

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


[[Page 584]]

  (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.

  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 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. 7). 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. 
80).


[[Page 585]]

  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). A statute empowers the chair of the Committee of the Whole, the 
Speaker, chairs of joint, select, or standing committees, and Members to 
administer oaths to witnesses (2 U.S.C. 191; III, 1769).


  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)(C) (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, such authority must be 
conferred by separate action of the House (see, e.g., Dec. 5, 2007, p. 
32250; sec. 3(b), H. Res. 5, Jan. 3, 2017, p. _).



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.


[[Page 586]]

thorize to hear testimony on such disclaimers from representatives of 
any such agency.
  (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 au


  (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.''


Committee on Ethics
  Paragraphs (n), (o), and (p) were added in the 111th Congress (H. Res. 
40, Jan. 14, 2009, p. 575).



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 587]]

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.
      (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

      (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.


[[Page 588]]

Delegates, the Resident Commissioner, officers, and employees of the 
House.
      (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,

      (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.

      (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 Member, Delegate, Resident Commissioner, 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.


[[Page 589]]

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

  (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.

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

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

      (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;


[[Page 590]]

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
      (B) upon receipt of information offered as a complaint, in writing 
and under oath, from a person not a Member, Delegate, or Resident

      (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 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.


[[Page 591]]

directly related to an alleged violation that occurred in a more recent 
Congress.
  (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

  (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.


[[Page 592]]

or staff member unless specifically authorized in each instance by a 
vote of the full committee.
  (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

  (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.

  (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 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--

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


[[Page 593]]

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.
      (ii) upon the day of such decision or vote, make a public 
statement that 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, has 
been extended.

  (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 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.

  (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 matter is extended for an 
additional period as provided in subdivision (A), the committee is not 
required to make a public statement that the matter has been extended.


[[Page 594]]

mittee 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.
  (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 com

  (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 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--

      (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


[[Page 595]]

statement that it is deferring taking action on the matter at the 
request of such authority.
      (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

  (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.

  (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 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.

  (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.


[[Page 596]]

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

  (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.

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


[[Page 597]]

      ``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.

  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 ranking minority member, with respect 
to a properly filed complaint, to gather additional information or to 
establish an investigative subcommittee (sec. 11, H. Res. 168, Sept. 18, 
1997, p. 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). For an example of a disqualification letter, see 
February 17, 2012, p. _.


[[Page 598]]

  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).

  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, 2007, p. 
19). Paragraphs (b)(2)(C) and (b)(8) were added in the 110th Congress 
(H. Res. 895, Mar. 11, 2008, p. 3471). 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. 7). 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. 80). 
Paragraph (b)(8) was amended in the 113th Congress to clarify the 
circumstances in which certain public statements are not required to be 
made (sec. 2(e)(1), H. Res. 5, Jan. 3, 2013, p. _). Paragraph 
(a)(6)(B)(i) was amended in the 114th Congress to include new Members, 
Delegates, and the Resident Commissioner (sec. 2(g), H. Res. 5, Jan. 6, 
2015, 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).

  In the 110th through 113th 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. 14605; sec. 4(e), H. Res. 5, Jan. 6, 2009, p. 
7; sec. 4(d), H. Res. 5, Jan. 5, 2011, p. 80; sec. 4(e), H. Res. 5, Jan. 
3, 2013, p. _).


[[Page 599]]

violations and to report its recommendations to the committee (Mar. 11, 
2008, p. 3741). For subsequent re-establishment of the office, and 
certain modifications to its structure and authority, see Sec. 1125h, 
infra.

Committee agendas
  In the 110th Congress, the House established an independent Office of 
Congressional Ethics to investigate individually-initiated alleged 
ethics



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;

      (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


[[Page 600]]

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.
      (F) no member of the staff or outside counsel may make public, 
unless approved by an

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

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

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

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


[[Page 601]]

  (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) The committee shall adopt rules providing that--

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

      (2) 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


[[Page 602]]

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
  (i) The committee shall adopt rules providing that, unless otherwise 
determined by a vote of

  (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.
Duties of chair and ranking minority member regarding properly filed 

        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--


[[Page 603]]

letter to the Member, officer, or employee of the House against whom the 
complaint is made;
      (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

      (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 604]]

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 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.

        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

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

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

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


[[Page 605]]

ever such a subcommittee is established pursuant to the rules of the 
committee; and
      (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) when

      (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;

      (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


[[Page 606]]

charge of official responsibilities by a Member, officer, or employee of 
the House of Representatives, has occurred.
Subcommittee powers
  (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 dis

  (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.

  (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


[[Page 607]]

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

      (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 that evidence is 
being withheld and of the count to which such evidence relates;

      (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;


[[Page 608]]

further proceeding under the rules of the committee;
      (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

      (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--

          (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;


[[Page 609]]

          (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;

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

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

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


[[Page 610]]

tive vote of a majority of its members transmit such report to the House 
of Representatives;
      (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 affirma

      (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--

          (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 before the subcommittee votes 
on whether to adopt the report;

          (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


[[Page 611]]

views respondent may submit for attachment to the final report; 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

      (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.

  (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 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.


  (s) The committee may not take any action that would deny any person 
any right or protection provided under the Constitution of the United 
States.


[[Page 612]]

ics 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. 3741). Gender-based references were eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). A technical 
amendment to paragraph (o)(2) was effected in the 112th Congress (sec. 
2(f), H. Res. 5, Jan. 5, 2011, p. 80). An erroneous designation in 
paragraph (h) was corrected in the 113th Congress (sec. 2(f), H. Res. 5, 
Jan. 3, 2013, p. _). Paragraph (s) was added in the 114th Congress (sec. 
2(a)(10), H. Res. 5, Jan. 6, 2015, 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 eth


  Section 803 of the Ethics Reform Act of 1989 (2 U.S.C. 4711) 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.--


[[Page 613]]

                                  * * *


  ``(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 

        adjudicatory subcommittee to hold a disciplinary hearing on the 

        violation alleged in the statement;

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

        response thereto shall be made public at the first meeting or 

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

        respondent has been given full opportunity to respond to the 

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

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

        alleged violation and any written response thereto shall be 

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

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

        the Rules of the House of Representatives;

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

        purpose of taking testimony and conducting any business shall 

        consist of a majority of the membership of the subcommittee plus 

        one; and

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

        receiving evidence, whether the counts in the statement have 


[[Page 614]]

        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 

                conduct applicable to them.

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

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

        of Representatives when seeking advice regarding prospective 

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

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

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

        Member, officer or employee acts in accordance with the written 


        advice of the committee.''.


                               __________


[[Page 615]]

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).
  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), 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

  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 
proceeding relating to that member's official conduct. Upon notification 
to the Speaker of such ineligibility, the Speaker designates another 
Member of the same political party as the ineligible member to serve on 
the committee during proceedings relating to that conduct (Speaker 
O'Neill, Feb. 5, 1980, p. 1908; July 23, 1996, p. 18596). Under clause 
3(b)(5) (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, p. 5752; Feb. 17, 2012, p. _).


[[Page 616]]

and unofficial organizations. The committee is required to issue 
interpretive guidance regarding the prohibition on use of nonpublic 
information for private profit (sec. 3, P.L. 112-105).

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



807. Coverage of committee proceedings.

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


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

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


[[Page 617]]

  (b) In addition, it is the intent of this clause that radio and 
television tapes and television film of any coverage under this clause 
may not be used for any partisan political campaign purpose or be made 
available for such use.



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--


      (1) distort the objects and purposes of the hearing or other 
meeting or the activities of committee members in connection with that 
hearing or meeting or in connection with the general work of the 
committee or of the House; or

      (2) cast discredit or dishonor on the House, the committee, or a 
Member, Delegate, or Resident Commissioner or bring the House, the 
committee, or a Member, Delegate, or Resident Commissioner into 
disrepute.

  (d) The coverage of committee hearings and meetings by audio and 
visual means shall be permitted and conducted only in strict conformity 
with the purposes, provisions, and requirements of this clause.


[[Page 618]]

ceedings 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. 809. When permitted.

  (e) Whenever  a hearing or meeting 
conducted by a committee or subcommittee is open to the public, those 
pro




Sec. 810. Committee rules.

  (f) Written  rules adopted by each 
committee pursuant to clause 2(a)(1)(D) shall contain provisions to the 
following effect:


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

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

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


[[Page 619]]

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

      (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.

      (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.


[[Page 620]]



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 621]]

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. 7). 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. 80). The requirement that committees adopt 
rules implementing this clause was transferred from clause 4(f) to 
clause 2(a)(1) in the 114th Congress (sec. 2(a)(6), H. Res. 5, Jan. 6, 
2015, p. _). Paragraph (b) was amended in the 114th Congress to conform 
the restriction on use of coverage to clause 2(c)(1) of rule V (sec. 
2(a)(7), H. Res. 5, Jan. 6, 2015, 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 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). 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




813. Fees of witnesses before the House or 
committees.

  5.  Witnesses appearing before the House or any of its 
committees shall be paid the same per diem rate as established, 
authorized, and regulated by the Committee on House Administration for 
Members, Delegates, the Resident Commissioner, and employees of the 
House, plus actual expenses of travel to or from the place of 
examination. Such per diem may not be paid when a witness has been 
summoned at the place of examination.


  This clause (formerly rule XXXV) was adopted in 1872, with amendments 
in 1880 (III, 1825), 1930 (VI, 393), and on April 19, 1955 (p. 4722), 
August 12, 1969 (H. Res. 495, 91st Cong., p. 23355), and July 28, 1975 
(H. Res. 517, 94th Cong. p. 25258). The last amendment eliminated the 
specific per diem and travel rate of reimbursement and allowed actual 
travel costs and per diem for witnesses requested or subpoenaed to 
appear at the same rate as established by the Committee on House 
Administration for Members and employees. In the 104th and 106th 
Congresses it was amended to conform references to a renamed committee 
(sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 467; H. Res. 5, Jan. 6, 1999, 
p. 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).


[[Page 622]]

book, Committee on House Administration, under the section entitled 
``Hearings and Meetings.''

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 Hand




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).



[[Page 623]]





  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).