House Rule XI - Procedures of committees and unfinished business

Rule XI for the 111th Congress
PROCEDURES OF COMMITTEES AND UNFINISHED BUSINESS

In general

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    sub committee—

(1)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

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


 * 1) 2)A   motion    accorded    privilege  under   this  subparagraph  shall  be  decided without debate.

(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.


 * 1) 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).


 * 1) 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.


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

(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(j)(1) of rule X.

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


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


 * 1) 3)The oversight  section  of  such  report  shall  include  a  summary  of  the  oversight plans submitted by the committee  under  clause  2(d)  of  rule  X,  a  summary of the actions taken and recommendations   made   with   respect   to  each such plan, a summary of any additional  oversight  activities  undertaken by    that    committee,    and    any    recommendations  made  or  actions  taken  thereon.  That  section  shall  also  delineate   any   hearings   held   pursuant   to  clauses 2(n), (o), or (p) of this rule.

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


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


 * 1) 2)the report  includes  any  supplemental, minority, or additional views  submitted  by  a  member  of  the  committee.

Adoption of written rules

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

(1)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;

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

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


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


 * 1) 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.

Regular meeting days

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

Additional and special meetings

(c)(1) The 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  re-

quest  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. Only  the   measure   or  matter specified in that notice may be  considered at that special meeting.

Temporary absence of chair

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

Committee records

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


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


 * 1) 2)a record  of  the  votes  on  any  question on which a record vote is demanded.

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

(ii)  The   result   of   any   record   vote  taken in executive session in the Committee  on  Standards  of  Official  Con-

duct may not be made available for inspection by  the  public  without  an  affirmative   vote   of   a   majority   of   the  members of the committee.

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

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


 * 1) 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.


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

Prohibition against proxy voting

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

Open meetings and hearings

(g)(1)  Each   meeting   for   the   transaction  of business, including the markup  of  legislation,  by  a  standing  committee or subcommittee thereof (other  than  the  Committee  on  Standards  of  Official Conduct or its subcommittees)  shall  be  open  to  the  public,  including  to  radio,  television,  and  still  photography  coverage,  except  when  the  committee  or  subcommittee,  in  open  session  and  with  a  majority  present,  determines by record vote that all or part  of  the  remainder  of  the  meeting  on  that  day  shall  be  in  executive  session  because   disclosure   of   matters   to   be  considered would endanger national security, would compromise sensitive law  enforcement  information,  would  tend  to defame, degrade, or incriminate any  person,  or  otherwise  would  violate  a  law or rule of the House. Persons, other than  members  of  the  committee  and  such   noncommittee   Members,   Delegates, Resident Commissioner, congressional staff, or departmental representatives  as  the  committee  may  authorize, may not be present at a business or  markup  session  that  is  held  in  executive   session. This  subparagraph   does  not apply to open committee hearings, which are governed by clause 4(a)(1) of  rule X or by subparagraph (2).

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


 * 1) 2)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—

(1)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

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


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


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

(3)  The   chair   of   each   committee  (other  than  the  Committee  on  Rules)  shall make public announcement of the  date,  place,  and  subject  matter  of  a  committee  hearing  at  least  one  week  before the commencement of the hearing. If the chair of the committee, with the  concurrence  of  the  ranking  minority  member,  determines  that  there  is  good  cause  to  begin  a  hearing  sooner,  or  if  the  committee  so  determines  by  majority  vote  in  the  presence  of  the  number of members required under the  rules  of  the  committee  for  the  trans-

action  of   business,   the   chair   shall  make the announcement at the earliest  possible  date. An announcement  made  under  this  subparagraph  shall  be  published   promptly   in   the   Daily   Digest  and made available in electronic form.

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

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

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

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

Quorum requirements

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


 * 1) 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.


 * 1) 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.

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

(1)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

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


 * 1) 2)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.

Limitation on committee sittings

(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

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

(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.


 * 1) 2)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.


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

Hearing procedures

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


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


 * 1) 3)Witnesses at  hearings  may  be  ac companied by their own counsel for the  purpose  of  advising  them  concerning  their constitutional rights.


 * 1) 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.


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

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


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


 * 1) 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.


 * 1) 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.


 * 1) 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.

Supplemental, minority, or additional views

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

Power to sit and act; subpoena power

(m)(1) For  the  purpose  of  carrying  out   any   of   its   functions   and   duties  under  this  rule  and  rule  X  (including  any matters referred to it under clause  2  of  rule  XII),  a  committee  or  subcommittee   is   authorized   (subject   to  subparagraph (3)(A))—


 * 1) 1)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


 * 1) 2)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.

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


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


 * 1) 3)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.

(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.


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


 * 1) 16)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 Standards of Official Conduct

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


 * 1) 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.


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


 * 1) 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.


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


 * 1) 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—


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


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

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

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

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

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

(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—


 * 1) 1)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;


 * 1) 2)upon receipt  of  information  offered   as  a  complaint,  in  writing  and  under   oath,   from   a   person   not   a  Member,  Delegate,  or  Resident  Commissioner  provided  that  a  Member,  Delegate,  or  Resident  Commissioner  certifies in writing to the committee  that such Member, Delegate, or Resident  Commissioner  believes  the  information  is  submitted  in  good  faith  and  warrants  the  review  and  consideration of the committee; or

(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 Standards of  Official Conduct, 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.


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


 * 1) 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.


 * 1) 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.


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

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

(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 Standards of Official   Conduct   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  in formation  for  not  more  than  one  additional  period  of  the  same  duration,  in  which case the chair shall—


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


 * 1) 2)upon the day of such decision or vote,  make  a  public  statement  that  the  committee  has  voted  to  extend  the  matter  relating  to  the  referral  made  by  the  board  of  the  Office  of  Congressional   Ethics   regarding   the  Member,  officer,  or  employee  of  the  House who is the subject of the applicable referral.

At least  one  calendar  day  before  the  committee  makes  public  any  written  report  and  findings  of  the  board,  the  chair  shall  notify  such  board  and  the  applicable   Member,   officer,   or   employee  of  that  fact  and  transmit  to  such individual a copy of the statement  on  the  committee’s  disposition  of,  and  any committee report on, the matter.

(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.


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


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

(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

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

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


 * 1) 4)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.


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

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

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

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

‘‘I do  solemnly  swear  (or  affirm)  that I will not disclose, to any person  or  entity  outside  the  Committee  on  Standards  of  Official  Conduct,  any  information received in the course of  my  service  with  the  committee,  except as 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 Standards  of   Official   Conduct   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  Standards  of  Official  Conduct,  the  committee may take such action as it,  by an affirmative vote of a majority of  its  members,  considers  appropriate  in  the circumstances.

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

Committee agendas

(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—


 * 1) 1)the staff  be  assembled  and  retained  as  a  professional,  nonpartisan  staff;


 * 1) 2)each member  of  the  staff  shall  be    professional    and    demonstrably qualified  for  the  position  for  which  hired;

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

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

(5)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

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


 * 1) 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.


 * 1) 2)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.


 * 1) 3)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.


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

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

Meetings and hearings

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


 * 1) 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


 * 1) 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

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

Requirements to constitute a complaint

(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—

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

(2)establish an  investigative  subcommittee; or

(3)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).


 * 1) 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.

Duties of chair and ranking minority member regarding information not  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) 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


 * 1) 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;


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


 * 1) 3)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   sub-

committee to  serve  as  the  ranking  minority member; and

(3) the  chair  and  ranking  minority  member of the committee may serve  as  members  of  an  investigative  subcommittee,   but   may   not    serve   as  non-voting, ex officio members.

Standard of proof for adoption of statement of alleged violation

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

Subcommittee powers

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


 * 1) 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  approved by an affirmative vote of a majority   of   the   members   of   the   committee.


 * 1) 3)The committee  shall  adopt  rules  to provide that—

(1)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

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

Due process rights of respondents

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

(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;


 * 1) 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;


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


 * 1) 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—

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

(2)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);


 * 1) 5)a respondent  shall  receive  written notice whenever—

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

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

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

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


 * 1) 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;


 * 1) 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


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

Committee reporting requirements

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


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


 * 1) 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—

(1)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;

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

(3)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

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


 * 1) 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.

Audio and visual 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.


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


 * 1) 3)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.


 * 1) 4)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.


 * 1) 5)Whenever a  hearing  or  meeting  conducted   by   a   committee   or   subcommittee is open to the public, those  proceedings  shall  be  open  to  coverage  by   audio   and   visual   means.   A   committee or subcommittee chair may not  limit  the  number  of  television  or  still  cameras to fewer than two representatives from each medium (except for legitimate    space    or    safety    considerations,   in   which   case   pool   coverage  shall be authorized).


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

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

(2)The allocation  among  the  television  media  of  the  positions  or  the  number   of    television   cameras   permitted    by    a    committee    or    subcommittee   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.

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

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

(6)(A) Except  as  provided  in  subdivision  (B),  floodlights,  spotlights,  strobelights,  and  flashguns  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.


 * 1) 7)In the allocation of the number of still photographers permitted by a  committee  or  subcommittee  chair  in  a   hearing   or   meeting   room,   preference   shall   be   given   to   photographers     from     Associated     Press  Photos    and    United    Press    International   Newspictures.   If   requests  are made by more of the media than  will  be  permitted  by  a   committee  or  subcommittee 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.


 * 1) 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.


 * 1) 9)Photographers  may   not   place  themselves in positions that obstruct   unnecessarily   the   coverage   of   the  hearing by the other media.


 * 1) 10)Personnel providing  coverage  by   the   television   and   radio   media  shall  be  currently  accredited  to  the  Radio and Television Correspondents’  Galleries.


 * 1) 11)Personnel providing  coverage  by   still   photography   shall   be   currently  accredited  to  the  Press  Photographers’ Gallery.


 * 1) 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.

Pay of witnesses

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.

Unfinished business of the 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.

Changes to rule in the 110th Congress (2007-2008)
House Rules Committee Chair Rep. Louise Slaughter (D-N.Y.) released this summary of the new rule changes at the beginning of the 110th Congress. The new rules effect Rule XI in the following ways:

"'Requires the Ethics Committee to offer annual ethics training to Members and appropriate employees. New Employees must receive this training within 60 days of beginning work in the House and other employees must ecertify they take the course each year.'"

In general
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 resolutions shall be privileged if printed copies are available.


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


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


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


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


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


 * (c) Each committee may have printed and bound such testimony and other data as may be presented at hearings held by the committee or its subcommittees. All costs of stenographic services and transcripts in connection with a meeting or hearing of a committee shall be paid from the applicable accounts of the House described in clause 1(i)(1) of rule X.


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


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


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


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


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


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

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


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


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


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


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


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

Regular meeting days

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

Additional and special meetings

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


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

Temporary absence of chairman

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

Committee records

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


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


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


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


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


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


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


 * (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 non availability 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.

Prohibition against proxy voting

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

Open meetings and hearings

 * (g)(1) Each meeting for the transaction of business, including the markup of legislation, by a standing committee or subcommittee thereof (other than the Committee on Standards of Official Conduct or its subcommittees) shall be open to the public, including to radio, television, and still photography coverage, except when the committee or subcommittee, in open session and with a majority present, determines by record vote that all or part of the remainder of the meeting on that day shall be in executive session because disclosure of matters to be considered would endanger national security, would compromise sensitive law enforcement information, would tend to defame, degrade, or incriminate any person, or otherwise would violate a law or rule of the House. Persons, other than members of the committee and such non committee Members, Delegates, Resident Commissioner, congressional staff, or departmental representatives as the committee may authorize, may not be present at a business or markup session that is held in executive session. This subparagraph does not apply to open committee hearings, which are governed by clause 4(a)(1) of rule X or by subparagraph (2).


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


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


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


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


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


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


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


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


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


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


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

Quorum requirements

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


 * (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.


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


 * (i) to postpone further proceedings when a record vote is ordered on the question of approving a measure or matter or on adopting an amendment; and
 * “(ii) to resume proceedings on a postponed question at any time after reasonable notice.


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

Limitation on committee sittings

 * (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

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


 * (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.

Hearing procedures

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


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


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


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


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


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


 * (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 chairman shall receive and the committee shall dispose of requests to subpoena additional witnesses.


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


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


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

Supplemental, minority, or additional views

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

Power to sit and act; subpoena power

 * (m)(1) For the purpose of carrying out any of its functions and duties under this rule and rule X (including any matters referred to it under clause 2 of rule XII), a committee or subcommittee is authorized (subject to subparagraph (3)(A))_


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


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


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


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


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


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


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

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


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


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


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


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


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


 * (6)(A) The committee shall offer annual ethics training to each Member, Delegate, Resident Commissioner, officer, and employeee of the House. Such training shall entail-
 * (i) involve the classes of employees for whom the committee determines such training to be appropriate; and
 * (ii) include such knowledge of the Code of Official Conduct and related House rules as may be determined appropriate by the committee.
 * (B)(i) A new officer or employee of the House shall receive training under this paragraph not later than 60 days after beginning service to the House.
 * (ii) Not later than January 31 of each year, each officer and employee of the House shall file certification with the committee that the officer or employee attended ethics training in the last year as established by this subparagraph.


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


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


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


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


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


 * (B) upon receipt of information offered as a complaint, in writing and under oath, from a person not a Member, Delegate, or Resident Commissioner provided that a Member, Delegate, or Resident Commissioner certifies in writing to the committee that he believes the information is submitted in good faith and warrants the review and consideration of the committee.


 * If a complaint is not disposed of within the applicable periods set forth in the rules of the Committee on Standards of Official Conduct, the chairman and ranking minority member shall establish jointly an investigative subcommittee and forward the complaint, or any portion thereof, to that subcommittee for its consideration. However, if at any time during those periods either the chairman or ranking minority member places on the agenda the issue of whether to establish an investigative subcommittee, then an investigative subcommittee may be established only by an affirmative vote of a majority of the members of the committee.


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


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


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


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


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


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


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


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


 * ``I do solemnly swear (or affirm) that I will not disclose, to any person or entity outside the Committee on Standards of Official Conduct, any information received in the course of my service with the committee, except as 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 Standards of Official Conduct 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 Standards of Official Conduct, the committee may take such action as it, by an affirmative vote of a majority of its members, considers appropriate in the circumstances.


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

Committee agendas

 * (f) The committee shall adopt rules providing that the chairman 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 ¾


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


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


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


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


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


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


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


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


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


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


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


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

Meetings and hearings

 * (h)(1) The committee shall adopt rules providing that ¾


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


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

Public disclosure

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

Requirements to constitute a complaint

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

Duties of chairman and ranking minority member regarding properly filed complaints

 * (k)(1) The committee shall adopt rules providing that whenever the chairman and ranking minority member jointly determine that information submitted to the committee meets the requirements of the rules of the committee for what constitutes a complaint, they shall have 45 calendar days or five legislative days, whichever is later, after that determination (unless the committee by an affirmative vote of a majority of its members votes otherwise) to ¾


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


 * (B) establish an investigative subcommittee; or


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


 * (2) The committee shall adopt rules providing that if the chairman and ranking minority member jointly determine that information submitted to the committee meets the requirements of the rules of the committee for what constitutes a complaint, and the complaint is not disposed of within the applicable time periods under subparagraph (1), and an investigative subcommittee has not been established, then such complaint shall be dismissed.


 * (3) The committee shall adopt rules providing that before a letter described in subparagraph (1)(A) is issued, the committee shall transmit written notification to the Member, officer, or employee of the House against whom the person to review the contents of the letter. Such person shall have seven calendar days after receipt of such notification in which either to accept the letter (in which case the committee may issue the letter), to contest the letter by submitting views in writing (which shall be appended to the letter when issued and made part of the record), or to contest the letter by requesting in writing that the committee establish an adjudicatory subcommittee and shall not issue the letter).


 * (4) The committee shall adopt rules providing that, if a letter described in subparagraph (1)(A) references the official conduct of a Member other than one against whom the complaint is made, the committee shall transmit written notification to such Member of the right of such Member to review the contents of the letter. Such Member shall have seven calendar days after receipt of notification in which either to submit views in writing (which shall be made part of the record and appended to the letter, if issued), or to request in writing that the committee establish an adjudicatory subcommittee as if the letter constituted an adopted statement of alleged violation (in which case the committee shall establish an adjudicatory subcommittee).

Duties of chairman and ranking minority member regarding information not constituting a complaint

 * (l) The committee shall adopt rules providing that whenever the chairman and ranking minority member jointly determine that information submitted to the committee does not meet the requirements of the rules of the committee for what constitutes a complaint, they may ¾


 * (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 ¾


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


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


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


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


 * (3) the chairman and ranking minority member of the committee may serve as members of an investigative subcommittee, but may not serve as non-voting, ex officio members.

Standard of proof for adoption of statement of alleged violation

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

Subcommittee powers

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


 * (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 approved by an affirmative vote of a majority of the members of the committee.


 * (3) The committee shall adopt rules to provide that ¾


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


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

Due process rights of respondents

 * (p) The committee shall adopt rules to provide that ¾


 * (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 his counsel shall, directly or indirectly, contact the subcommittee or any member thereof during the period of time set forth in paragraph (1) except for the sole purpose of settlement discussions where counsel for the respondent and the subcommittee are present;


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


 * (4) evidence provided pursuant to paragraph (1) or (3) shall be made available to the respondent and his or her counsel only after each agrees, in writing, that no document, information, or other materials obtained pursuant to that paragraph shall be made public until ¾


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


 * (B) the commencement of an adjudicatory hearing if the respondent has not waived an adjudicatory hearing; but the failure of respondent and his counsel to so agree in writing, and their consequent failure to receive the evidence, shall not preclude the issuance of a statement of alleged violation at the end of the period referred to in paragraph (1);


 * (5) a respondent shall receive written notice whenever ¾


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


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


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


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


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


 * (7) whenever notification of the committee's decision either to dismiss a complaint or to create an investigative subcommittee is transmitted to a respondent and the notification references the official conduct of a Member other than the respondent, the committee also shall send the notification to such Member, who shall have seven calendar days after receipt of such notification in which either to submit views in writing (which shall be appended to the notification and made part of the record), or to request in writing that the committee establish an adjudicatory subcommittee as if the notification constituted an adopted statement of alleged violation (in which case the committee shall establish an adjudicatory subcommittee);


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


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


 * (10) whenever a motion to establish an investigative subcommittee does not prevail, the committee shall promptly send a letter to the respondent informing him of such vote;


 * (11) a respondent shall be informed of the right to be represented by counsel of his or her choice (even if such counsel represents another respondent or a witness), to be provided at his or her own expense; and


 * (12) a witness shall be afforded a reasonable period of time, as determined by the committee or subcommittee, to prepare for an appearance before an investigative subcommittee or for an adjudicatory hearing and to obtain counsel of his or her choice (even if such counsel represents a respondent or another witness).

Committee reporting requirements

 * (q) The committee shall adopt rules to provide that ¾


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


 * (2) whenever an investigative subcommittee adopts a statement of alleged violation, the respondent admits to the violations set forth in such statement, the respondent waives his or her right to an adjudicatory hearing, and the respondent's waiver is approved by the committee ¾


 * (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


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


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

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


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


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


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


 * (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.


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


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


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


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


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


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


 * (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, strobe lights, and flashguns may not be used in providing any method of coverage of the hearing or meeting.


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


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


 * (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.


 * (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.

Pay of witnesses
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.

Unfinished business of the 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.

In general
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 resolutions shall be privileged if printed copies are available.


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


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


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


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


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


 * (c) Each committee may have printed and bound such testimony and other data as may be presented at hearings held by the committee or its subcommittees. All costs of stenographic services and transcripts in connection with a meeting or hearing of a committee shall be paid from the applicable accounts of the House described in clause 1(i)(1) of rule X.


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


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


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


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


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


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

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


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


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


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


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


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

Regular meeting days

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

Additional and special meetings

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


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

Temporary absence of chairman

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

Committee records

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


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


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


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


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


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


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


 * (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 non availability 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.

Prohibition against proxy voting

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

Open meetings and hearings

 * (g)(1) Each meeting for the transaction of business, including the markup of legislation, by a standing committee or subcommittee thereof (other than the Committee on Standards of Official Conduct or its subcommittees) shall be open to the public, including to radio, television, and still photography coverage, except when the committee or subcommittee, in open session and with a majority present, determines by record vote that all or part of the remainder of the meeting on that day shall be in executive session because disclosure of matters to be considered would endanger national security, would compromise sensitive law enforcement information, would tend to defame, degrade, or incriminate any person, or otherwise would violate a law or rule of the House. Persons, other than members of the committee and such non committee Members, Delegates, Resident Commissioner, congressional staff, or departmental representatives as the committee may authorize, may not be present at a business or markup session that is held in executive session. This subparagraph does not apply to open committee hearings, which are governed by clause 4(a)(1) of rule X or by subparagraph (2).


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


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


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


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


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


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


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


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


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


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


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

Quorum requirements

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


 * (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.


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


 * (i) to postpone further proceedings when a record vote is ordered on the question of approving a measure or matter or on adopting an amendment; and
 * “(ii) to resume proceedings on a postponed question at any time after reasonable notice.


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

Limitation on committee sittings

 * (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

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


 * (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.

Hearing procedures

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


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


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


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


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


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


 * (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 chairman shall receive and the committee shall dispose of requests to subpoena additional witnesses.


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


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


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

Supplemental, minority, or additional views

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

Power to sit and act; subpoena power

 * (m)(1) For the purpose of carrying out any of its functions and duties under this rule and rule X (including any matters referred to it under clause 2 of rule XII), a committee or subcommittee is authorized (subject to subparagraph (3)(A))_


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


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


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


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


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


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


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

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


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


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


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


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


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


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


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


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


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


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


 * (B) upon receipt of information offered as a complaint, in writing and under oath, from a person not a Member, Delegate, or Resident Commissioner provided that a Member, Delegate, or Resident Commissioner certifies in writing to the committee that he believes the information is submitted in good faith and warrants the review and consideration of the committee.


 * If a complaint is not disposed of within the applicable periods set forth in the rules of the Committee on Standards of Official Conduct, the chairman and ranking minority member shall establish jointly an investigative subcommittee and forward the complaint, or any portion thereof, to that subcommittee for its consideration. However, if at any time during those periods either the chairman or ranking minority member places on the agenda the issue of whether to establish an investigative subcommittee, then an investigative subcommittee may be established only by an affirmative vote of a majority of the members of the committee.


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


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


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


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


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


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


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


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


 * ``I do solemnly swear (or affirm) that I will not disclose, to any person or entity outside the Committee on Standards of Official Conduct, any information received in the course of my service with the committee, except as 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 Standards of Official Conduct 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 Standards of Official Conduct, the committee may take such action as it, by an affirmative vote of a majority of its members, considers appropriate in the circumstances.


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

Committee agendas

 * (f) The committee shall adopt rules providing that the chairman 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 ¾


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


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


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


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


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


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


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


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


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


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


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


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

Meetings and hearings

 * (h)(1) The committee shall adopt rules providing that ¾


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


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

Public disclosure

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

Requirements to constitute a complaint

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

Duties of chairman and ranking minority member regarding properly filed complaints

 * (k)(1) The committee shall adopt rules providing that whenever the chairman and ranking minority member jointly determine that information submitted to the committee meets the requirements of the rules of the committee for what constitutes a complaint, they shall have 45 calendar days or five legislative days, whichever is later, after that determination (unless the committee by an affirmative vote of a majority of its members votes otherwise) to ¾


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


 * (B) establish an investigative subcommittee; or


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


 * (2) The committee shall adopt rules providing that if the chairman and ranking minority member jointly determine that information submitted to the committee meets the requirements of the rules of the committee for what constitutes a complaint, and the complaint is not disposed of within the applicable time periods under subparagraph (1), and an investigative subcommittee has not been established, then such complaint shall be dismissed.


 * (3) The committee shall adopt rules providing that before a letter described in subparagraph (1)(A) is issued, the committee shall transmit written notification to the Member, officer, or employee of the House against whom the person to review the contents of the letter. Such person shall have seven calendar days after receipt of such notification in which either to accept the letter (in which case the committee may issue the letter), to contest the letter by submitting views in writing (which shall be appended to the letter when issued and made part of the record), or to contest the letter by requesting in writing that the committee establish an adjudicatory subcommittee and shall not issue the letter).


 * (4) The committee shall adopt rules providing that, if a letter described in subparagraph (1)(A) references the official conduct of a Member other than one against whom the complaint is made, the committee shall transmit written notification to such Member of the right of such Member to review the contents of the letter. Such Member shall have seven calendar days after receipt of notification in which either to submit views in writing (which shall be made part of the record and appended to the letter, if issued), or to request in writing that the committee establish an adjudicatory subcommittee as if the letter constituted an adopted statement of alleged violation (in which case the committee shall establish an adjudicatory subcommittee).

Duties of chairman and ranking minority member regarding information not constituting a complaint

 * (l) The committee shall adopt rules providing that whenever the chairman and ranking minority member jointly determine that information submitted to the committee does not meet the requirements of the rules of the committee for what constitutes a complaint, they may ¾


 * (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 ¾


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


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


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


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


 * (3) the chairman and ranking minority member of the committee may serve as members of an investigative subcommittee, but may not serve as non-voting, ex officio members.

Standard of proof for adoption of statement of alleged violation

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

Subcommittee powers

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


 * (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 approved by an affirmative vote of a majority of the members of the committee.


 * (3) The committee shall adopt rules to provide that ¾


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


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

Due process rights of respondents

 * (p) The committee shall adopt rules to provide that ¾


 * (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 his counsel shall, directly or indirectly, contact the subcommittee or any member thereof during the period of time set forth in paragraph (1) except for the sole purpose of settlement discussions where counsel for the respondent and the subcommittee are present;


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


 * (4) evidence provided pursuant to paragraph (1) or (3) shall be made available to the respondent and his or her counsel only after each agrees, in writing, that no document, information, or other materials obtained pursuant to that paragraph shall be made public until ¾


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


 * (B) the commencement of an adjudicatory hearing if the respondent has not waived an adjudicatory hearing; but the failure of respondent and his counsel to so agree in writing, and their consequent failure to receive the evidence, shall not preclude the issuance of a statement of alleged violation at the end of the period referred to in paragraph (1);


 * (5) a respondent shall receive written notice whenever ¾


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


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


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


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


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


 * (7) whenever notification of the committee's decision either to dismiss a complaint or to create an investigative subcommittee is transmitted to a respondent and the notification references the official conduct of a Member other than the respondent, the committee also shall send the notification to such Member, who shall have seven calendar days after receipt of such notification in which either to submit views in writing (which shall be appended to the notification and made part of the record), or to request in writing that the committee establish an adjudicatory subcommittee as if the notification constituted an adopted statement of alleged violation (in which case the committee shall establish an adjudicatory subcommittee);


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


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


 * (10) whenever a motion to establish an investigative subcommittee does not prevail, the committee shall promptly send a letter to the respondent informing him of such vote;


 * (11) a respondent shall be informed of the right to be represented by counsel of his or her choice (even if such counsel represents another respondent or a witness), to be provided at his or her own expense; and


 * (12) a witness shall be afforded a reasonable period of time, as determined by the committee or subcommittee, to prepare for an appearance before an investigative subcommittee or for an adjudicatory hearing and to obtain counsel of his or her choice (even if such counsel represents a respondent or another witness).

Committee reporting requirements

 * (q) The committee shall adopt rules to provide that ¾


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


 * (2) whenever an investigative subcommittee adopts a statement of alleged violation, the respondent admits to the violations set forth in such statement, the respondent waives his or her right to an adjudicatory hearing, and the respondent's waiver is approved by the committee ¾


 * (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


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


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

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


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


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


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


 * (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.


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


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


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


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


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


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


 * (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, strobe lights, and flashguns may not be used in providing any method of coverage of the hearing or meeting.


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


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


 * (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.


 * (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.

Pay of witnesses
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.

Unfinished business of the 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.

Resources

 * Rules of the 109th House of Representatives
 * Rep. Louise Slaughter, "Summary of House Rules Package Opening Day of the 110th Congress," January 3, 2007.
 * "Rule XI," U.S. House of Representatives - Committee on Rules, 2005.