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SEC. 4. The provisions of clause 6(a)(3) of rule XI of

the Rules of the House of Representatives shall apply to the

select committee.

Attest:

Clerk.

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Mr. STOKES (for himself, Mr. PREYER, Mr. FAUNTROY, Mrs. BURKE of California, Mr. DODD, Mr. FORD of Tennessee, Mr. FITHIAN, Mr. EDGAR, Mr. DEVINE, Mr. MCKINNEY, Mr. THONE, and Mr. SAWYER) Submitted the following resolution; which was referred to the Committee on Rules

SEPTEMBER 16, 1977

Referred to the House Calendar and ordered to be printed

1

RESOLUTION

Resolved, That for the purpose of carrying out H. Res. 2 222, Ninety-fifth Congress, when authorized by a majority 3 of the committee or subcommittee members voting, a ma4 jority being present, the Select Committee on Assassinations, 5 or any subcommittee thereof, is authorized to make applica6 tions to courts; and to bring and defend lawsuits arising out 7 of subpenas, orders immunizing witnesses and compelling 8 them to testify, testimony or the production of evidence, 9 and the failure to testify or produce evidence.

V

D. Rules of the

SELECT COMMITTEE ON ASSASSINATIONS

As Adopted March 7, 1977, and Amended September 9, 1977, November 2, 1977, and April 6, 1978

RULE 1. GENERAL PROVISIONS

1. The Rules of the House, and in particular the committee rules enumerated in Clause 2 of Rule XI, are the rules of the Select Committee on Assassinations, to the extent applicable, and by this reference are incorporated. Any subcommittee shall be part of the committee, and subject to the authority and direction of the committee and to its rules so far as applicable.

RULE 2. MEETINGS

2.1 The regular meeting time of the committee is 10 A.M. on the first Tuesday of each month when the House is in session. Additional meetings may be called by the Chairman as he may deem necessary or at the request of a majority of the committee in accordance with Clause 2(c) of Rule XI of the House of Representatives.

2.2 The committee and any subcommittee thereof may not sit, without special leave, while the House is reading a measure for amendment under the 5-minute rule.

2.3 In accordance with Clause 2 (g) of Rule XI, each meeting of the committee or any subcommittee thereof shall be open to the public except when the committee or subcommittee, in open session and with a majority present, determines by roll call vote that all or part of the remainder of the meeting shall be closed to the public: Provided however, that no persons other than Members of the committee, and such congressional staff as they may authorize, shall be present at any meeting which has been closed to the public.

2.4 Record votes. A roll call vote of the committee may be had on the request of one Member. The result of each roll call vote shall be recorded and the record shall be made available for inspection by the public at reasonable times at the committee office. Such record shall include a description of the amendment, motion, order or other proposition; the name of each Member voting for or against, and whether by proxy or in person; and the Members present but not voting.

2.5 Quorum. One-third of the committee or subcommittee shall constitute a quorum for the purpose of transacting business other than reporting. However, a quorum for the purpose of taking testimony and receiving evidence by the committee or a subcommittee

shall consist of two Members. Ex officio members of each subcommittee shall not be considered a member of the subcommittee for the purpose of determining whether a quorum is present.

2.6 Records. It shall be the duty of the clerk and staff director to keep or cause to be kept a verbatim transcript of all committee or subcommittee hearings; and where practicable, committee or subcommittee meetings, the practicability of which is to be decided by a roll call vote of the committee or subcommittee on the request of one Member. Whether a verbatim transcript of meetings is made or not, the clerk and staff director shall keep or cause to be kept the record of votes on any matter on which a record vote is taken and of all quorum calls together with all motions, points of order, parliamentary inquiries, rulings of the Chair and appeals therefrom. The record shall show those Members present at each meeting.

2.7 Proxies. A vote by any Member in the committee or in any subcommittee may be cast by proxy, but such proxy must be in writing for use during each roll call in which such Member's proxy is to be voted. Each proxy shall designate the Member who is to execute the proxy authorization and shall be limited to a specific measure or matter and any amendments or motions pertaining thereto; except that a Member may authorize a general proxy only for motions to recess, adjourn or other procedural matters. Each proxy to be effective shall be signed by the Member assigning his vote and shall contain the date and time of day that the proxy is signed. Proxies may not be counted for a quorum. The Member does not have to appear in person to present the proxy.

RULE 3. HEARING PROCEDURES

3.1 Participation of Members. All other Members of the committee may have the privilege of sitting with any subcommittee during its hearing or deliberations and may participate in such hearings or deliberations, but no such Member who is not a Member of the subcommittee shall vote on any matter before such subcommittee. Ex officio members of each subcommittee may vote on any matter before such subcommittee.

3.2 Interrogation of Witnesses. Committee Members may question witnesses only when they have been recognized by the Chair for that purpose, and only for a 5-minute period until all Members present have had an opportunity to question a witness. The 5-minute period for questioning a witness by any one Member can be extended only with the unanimous consent of all Members present. The questioning of a witness in both full and subcommittee hearings shall be initiated by the Chairman, followed by the ranking minority party Member and all other Members alternating between the majority and minority. In recognizing Members to question witnesses in this fashion, the Chairman shall take into consideration the ratio of the majority to minority Members present and shall establish the order of recognition for questioning in such a manner as not to disadvantage the Members of the majority. The Chairman may accomplish this by recognizing two majority Members for each minority Member recognized. The Chairman or any Member may recognize staff counsel for the purpose of questioning a witness for a period to be determined by the Chairman.

3.3 Additional Rules. The following additional rules shall apply to all investigative hearing procedures:

(1) The Chairman at an investigative hearing shall announce in the opening statement the subject of the investigation.

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

(3) Witnesses at investigative 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) If the committee determines that evidence or testimony at an investigative hearing may tend to defame, degrade, or incriminate any persons, it shall

(a) Receive such evidence or testimony in executive session; (b) Afford such person an opportunity voluntarily to appear as a witness; and

(c) Receive and dispose of requests from such person to subpena additional witnesses.

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

(7) No evidence or testimony taken in executive session may be released or used in public sessions without the consent of the committee.

(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 pertinency 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.

3.4 Witness' counsel may submit written questions to be propounded to his or her client. Such questions will be asked by the committee if a majority of the members consent.

3.5 Any objection by witness' counsel must be specifically ruled upon by the Chairman or presiding Member and such rulings shall be the ruling of the committee, unless a disagreement thereon is expressed by a majority of the committee present. In the case of a tie, the rule of the Chair will prevail.

3.6 The Chairman of the committee or subcommittee shall offer each witness and/or counsel, at the conclusion of his or her testimony, the opportunity to explain or amplify that testimony. The time afforded each witness or counsel shall not exceed 5 minutes, unless extended for good cause by the Chairman. The committee or subcommittee may ask additional questions to the witness at the conclusion of any such explanation or amplification.

3.7 If a witness who desires counsel, but is financially or otherwise unable to secure counsel, informs the committee in writing at least 48 hours in advance of his or her inability to retain counsel, the committee will secure voluntary independent counsel for the

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