Imagini ale paginilor
PDF
ePub

witness. Such attempts by the committee to secure counsel will not include the payment of fees to an attorney representing a witness at a committee hearing. Failure of a witness to agree to the counsel provided will not excuse the witness from appearing and testifying.

3.8 A witness shall, upon request, be given an opportunity to inspect the preliminary transcript of his or her testimony to determine whether it was correctly transcribed and may be accompanied by his or her counsel during such inspection. A witness shall, upon request, be notified by the clerk when the transcription of his or her testimony is complete. If the testimony was given in executive session, the witness may only inspect the preliminary transcript at a location to be determined by the committee. Any corrections in the transcription of the testimony of the witness which the witness desires to make shall be submitted in writing to the committee within 5 days after the transcription of his or her testimony. However, changes shall only be made for the purpose of making minor grammatical corrections and editing, and not for the purpose of changing the substance of the testimony. Any questions arising with respect to such editing shall be decided by the Chairman.

The committee will furnish the witness a copy of the transcript of his or her testimony when it is made public, at no expense.

3.9 Notice of Hearings. The Chairman, in the case of hearings to be conducted by the committee, and the appropriate subcommittee Chairman, in the case of hearings to be conducted by a subcommittee, shall make public announcement of the date, place, and subject matter of any hearing to be conducted on any measure or matter at least one week before the commencement of that hearing unless the committee determines that there is good cause to begin such hearing at an earlier date. In the latter event the Chairman or the subcommittee Chairman, whichever the case may be, shall make such public announcement at the earliest possible date. The Clerk of the Committee shall promptly notify the Daily Digest Clerk of the Congressional Record as soon as possible after such public announcement is made.

RULE 4. STATEMENTS UNDER OATH BY DESIGNATED COUNSEL

4.1 Pursuant to House Resolution 222, counsel on the committee staff may be designated to obtain statements from a witness who is placed under oath by an authority who is authorized to administer oaths in accordance with the applicable laws of the United States or of any State.

4.2 Subpenas may not be utilized to obtain such statements. Counsel must advise the person that such statements are voluntary. The person giving a statement shall be provided a copy of that statement by designated counsel. Such statements are not to be considered testimony before the committee, but may be used by the committee or its staff in pursuing investigative leads and as a basis for questioning witnesses before the committee; and may be incorporated as part of the record only when (a) the person is dead or (b) the committee determines that in the interest of justice and economy, with due regard to the importance of presenting oral testimony, the statement should be so used.

42-793 () - 79 - 2

4.3 Witnesses giving statements under oath to designated counsel must be advised by counsel that they have the right to have their own counsel while giving such statements.

RULE 5. SUBPENAS

5.1 Procedure. Subpenas shall be issued only in accordance with the procedure specified in Clause 2 (m) (2) (A) of Rule XI of the Rules of the House of Representatives. Each subpena shall be served with a copy of House Resolutions 222 and 433, 95th Congress, First Session, and all other substantive resolutions of the House concerning the power and authority of the committee, and a copy of the Rules of this Committee which are in effect at the time of issuance of the subpena.

5.2 Power to Sit and Act; Subpena Power.

(a) For the purpose of carrying out any of its functions and duties under House Resolutions 222 and 433, and all other substantive resolutions of the House concerning the power and authority of the committee, the committee or subcommittee is authorized (subject to subparagraph (b) of this paragraph)—

(1) To sit and act at such times and places within the United States, including any Commonwealth or possession thereof, or in any other country, whether the House is in session, has recessed, or has adjourned, and to hold such hearings, and

(2) To require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tangible objects, and other things of any kind, as it deems necessary. The Chairman of the committee or subcommittee, or any Member designated by the Chairman, may administer oaths to any witness.

(b) A subpena may be authorized and issued by the committee or subcommittee under subparagraph (a) (2) in the conduct of any investigation or series of investigations when

(1) Authorized by a majority of the Members voting, a majority being present or

(2) Authorized and issued by the Chairman of the committee, provided that prior to its authorization and issuance, the Chairman have the clerk send a notice to the office of each member of the committee or subcommittee before which the subpena is returnable of the intent of the Chairman to authorize and issue a subpena. If two or more members of the committee or subcommittee before which the subpena is returnable object to the issuance of the subpena, and so notify the clerk prior to the Chairman's authorization and issuance of the subpena, the Chairman may not authorize and issue a subpena pursuant to this subsection.

Authorized subpenas shall be signed by the Chairman of the committee or by any Member designated by the committee.

(c) Compliance with any subpena issued by the committee under subparagraph (a) (2) may be enforced only as authorized or directed by the House.

5.3 Except as otherwise specifically authorized by the committee, no Member of the committee, designated personal staff member of each committee member, or staff shall make public the name of any witness subpenaed by the committee.

5.4 Witnesses shall be subpenaed at a reasonably sufficient time in advance of any hearing in order to give the witness an opportunity to prepare for the hearing, employ counsel should he or she so desire, and/or produce the materials called for by a subpena duces tecum. The committee shall determine in each particular instance what period of time constitutes reasonable notice; however, in no case shall it be less than 48 hours, unless the witness waives such notice.

RULE 6. BROADCASTING OF COMMITTEE HEARINGS AND MEETINGS AND GENERAL PRESS POLICY OF THE COMMITTEE

6.1 Upon approval by the committee, all committee and subcommittee hearings which are open to the public may be covered, in whole or in part, by television broadcast, radio broadcast, and still photography, or by any such methods of coverage.

6.2 The Chairman of the full committee or the Chairmen of the subcommittees are authorized to determine on behalf of the full committee or its subcommittees, respectively, whether hearings which are open may be broadcast, unless the committee or its subcommittees respectively by majority vote determine otherwise. 6.3 Permission for such coverage shall be granted only under the following conditions:

(1) Live coverage by radio or television shall be without commercial sponsorship.

(2) No witness served with a subpena by the committee shall be required against his or her will to be photographed at any hearing or to give evidence or testimony while the broadcasting of that hearing, by radio or television, is being conducted. At the request of any witness who does not wish to be subjected to radio, television, or still photography coverage, all lenses shall be covered and all microphones used for coverage turned off.

(3) Not more than four television cameras, operating from fixed positions, shall be permitted in the room. The allocation among the television media of the positions of television cameras in the room shall be in accordance with fair and equitable procedures as devised by the Executive Committee of the Radio and Television Correspondents' Galleries.

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

(5) Television cameras shall not be placed in positions which obstruct unnecessarily the coverage of the hearing or meeting by the other media.

(6) Television and radio media equipment shall not be installed in, or removed from, the room while the committee is in session. (7) Floodlights, spotlights, strobelights, and flashguns shall not be used, except that the television media may install additional lighting in the room, without cost to the Government, in order to raise the ambient lighting level to the lowest level necessary to provide adequate television coverage at the then current state-of-theart.

(8) Not more than five press photographers shall be permitted to cover a hearing or meeting by still photography. In the selection of these photographers, preference shall be given to photographers from Associated Press Photos and United Press International Newspictures. If request is made by more than five of the media for coverage, that coverage shall be made on the basis of a fair and equitable pool arrangement devised by the Standing Committee of Press Photographers.

(9) Photographers shall not position themselves, at any time during the course of the hearing or meeting, between the witness table and the Members of the committee.

(10) Photographers shall not place themselves in positions which obstruct unnecessarily the coverage by the other media.

(11) Television and radio media personnel shall be then currently accredited to the Radio and Television Correspondents' Galleries.

(12) Still photography personnel shall be then currently accredited to the Press Photographers' Gallery.

(13) 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.

6.4 The staff of the committee, and designated personal staff member of each committee member, shall not discuss with anyone outside the staff either the substance or procedure of their work or that of the committee unless specifically authorized by the Chairman or the subcommittee Chairman.

RULE 7. INVESTIGATIVE GUIDELINES

7.1 Tape Recordings. No conversation of committee members or staff with any person shall be recorded without the prior knowledge and/or written consent of the person whose conversation is to be recorded. A transcribed copy of any recording so made will be furnished to the recorded party upon his or her request, at no expense to the recorded party.

7.2 (a) Polygraphs. No person will be required to take a polygraph test, nor shall any such tests be made or given without the specific, written authorization of the person concerned. No such tests may be made or given without the specific, prior and written authorization of a majority of the committee or subcommittee, a majority being present. No such test may be used as a basis for a finding of fact, or be referred to in any public report or public hearing. Results of any such test shall not be disclosed to any person, other than the person tested, who is not a member of the committee or staff employee authorized by the Chairman. Nor shall the failure or agreement to take a polygraph test form the basis of any finding of fact, or be referred to in any public report or public hearing, or be otherwise publicly disclosed.

(b) Voice Analysis. No recording made with the permission of the recorded party pursuant to Rule 7.1 shall be subject to mechanical voice analysis without a written consent from the recorded party specifically authorizing such analysis. No such tests may be made or given without the specific, prior and written authorization of the committee or subcommittee, a majority being present. Results of any such test shall not be disclosed to any person, other

than the person tested, who is not a member of the committee or staff employee authorized by the Chairman. Neither the results of any such test nor the failure or agreement to take such test shall form the basis of any finding of fact, or be referred to in any public report or public hearing, or be otherwise publicly disclosed.

7.3 Electronic Surveillance; Wiretapping. There shall be no electronic surveillance or wiretapping of any person.

7.4 Interrogations. In all interrogations of prospective witnesses, committee investigators and counsel shall first identify themselves as representatives of the Select Committee on Assassinations of the United States House of Representatives and shall present official credentials issued by the Clerk of the House. The investigator or counsel shall advise each such person of the nature of the investigation being conducted.

7.5 Prior to the utilization of any investigative techniques not otherwise covered by these Rules, such techniques will be discussed and voted upon by the full committee.

RULE 8. TRAVEL

8.1 Travel of Member and Staff.

(a) Consistent with the primary expense resolution and such additional expense resolutions as may have been approved, the provisions of this rule shall govern travel of committee members and staff. Travel to be reimbursed for any Member or any staff member shall be paid only upon the prior authorization of the Chairman. Travel may be authorized by the Chairman for any Member and any staff member in connection with the attendance of hearings conducted by the committee or of any subcommittee thereof and meetings, conferences, and investigations which involve activities or subject matter under the general jurisdiction of the committee. Before such authorization is given there shall be submitted to the Chairman in writing the following:

(1) The purpose of the travel;

(2) The dates during which the travel is to be made and the date or dates of the event for which the travel is being made;

(3) The location of the event for which the travel is to be made; and

(4) The names of Members and staff seeking authorization.

(b) (1) In the case of travel outside the United States of Members and staff of the committee or of a subcommittee for the purpose of conducting hearings, investigations, studies, or attending meetings and conferences involving activities or subject matter under the legislative assignment of the committee or pertinent subcommittee, prior authorization must be obtained from the Chairman. Before such authorization is given, there shall be submitted to the Chairman, in writing, a request for such authorization. Each request, which shall be filed in a manner that allows for a reasonable period of time for review before such travel is scheduled to begin, shall include the following:

(A) The purpose of the travel;

(B) The dates during which the travel will occur;

(C) The names of the countries to be visited and the length of time to be spent in each;

(D) An agenda of anticipated activities for each country for

« ÎnapoiContinuă »