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after the day on which there has been filed with the clerk of the Committee a written request, signed by a majority of the Members of the Committee, for the reporting of that measure. Upon the filing of any such request, the Clerk of the Committee shall transmit immediately to the Chairman of the Committee notice of the filing of that request. This subparagraph does not apply to a report of the Committee on Rules with respect to the rules, joint rules, or order of business of the House or to the reporting of a resolution of inquiry addressed to the head of an executive department.
(3) If, at the time of approval of any measure or matter by any Committee (except the Committee on Rules) any Member of the Committee gives notice of intention to file supplemental, minority, or additional views, that Member shall be entitled to not less than three calendar days (excluding Saturdays, Sundays, and legal holidays), in which to file such views, in writing and signed by that Member, with the Clerk of the Committee. All such views so filed by one or more Members of the Committee shall be included within, and shall be a part of, the report filed by the Committee with respect to that measure or matter. The report of the Committee upon that measure or matter shall be printed in a single volume which
(A) shall include all supplemental, minority, or additional views which have been submitted by the time of the filing of the report, and
(B) shall bear upon its cover a recital that supplemental, minority, or additional views are included as part of the report. This subparagraph does not preclude
(i) the immediate filing or printing of a Committee report unless timely request for the opportunity to file supplemental, minority, or additional views has been made as provided by this subparagraph; or
(ii) the filing by any such Committee of any supplemental report upon any measure or matter which may be required for the correction of any technical error in a previous report
made by that Committee upon that measure or matter. (4) A measure or matter reported by any Committee (except the Committee on Appropriations, the Committee on House Administration, the Committee on Rules, and the Committee on Standards of Official Conduct) shall not be considered in the House unless the report of that Committee upon that measure or matter has been available to the Members of the House for at least three calendar days (excluding Saturdays, Sundays, and legal holidays) prior to the consideration of that measure or matter in the House. If hearings have been held on any such measure or matter so reported, the Committee reporting the measure or matter shall make every reasonable effort to have such hearings printed and available for distribution to the Members of the House prior to the consideration of such measure or matter in the House. This subparagraph shall not apply to
(A) any measure for the declaration of war, or the declaration of a national emergency, by the Congress; and
(B) any executive decision, determination, or action which would become, or continue to be, effective unless disapproved or otherwise invalidated by one or both Houses of Congress.
(5) If, within seven calendar days after a measure has, by resolution, been made in order for consideration by the House, no motion has been offered that the House consider that measure, the Speaker may, in his discretion, recognize any Member of the Committee which reported that measure to offer a motion that the House all consider that measure, if that Committee has duly authorized that Member to offer that motion.
(e) No measure or recommendation shall be reported from any Committee unless a majority of the Committee were actually present. No vote by any Member of any Committee with respect to any measure or matter may be cast by proxy unless such Committee, by written rule adopted by the Committee, permits voting by proxy and requires that the proxy authorization shall be in writing, shall designate the person who is to execute the proxy authorization, and shall be limited to a specific measure or matter and any amendments or motions pertaining thereto.
(f)(1) Each Committee of the House (except the Committee on. Rules) shall make public announcement of the date, place, and subject matter of any hearing to be conducted by the Committee 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. If the Committee makes that determination, the Committee shall make such public announcement at the earliest possible date, Such public announcement also shall be published in the Daily Digest portion of the Congressional Record as soon as possible after such public announcement is made by the Committee.
(2) Each hearing conducted by each Committee shall be open to the public except when the Committee, by majority vote, determines otherwise.
(3) Each Committee shall require, so far as practicable, each witness who is to appear before it to file with the Committee, in advance of his appearance, a written statement of his proposed testimony and to limit his oral presentation at his appearance to a brief summary of his argument.
(4) Whenever any hearing is conducted by any Committee upon any measure or matter, the minority party Members on the Committee shall be entitled, upon request to the Chairman by a majority of those minority party Members before the completion of such 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. All Committees shall provide in their roles of procedure for the application of the 5-minute rule in the interrogation of witnesses until such time as each Member of the Committee who so desires has had an opportunity to question the witness.
(5) No point of order shall lie with respect to any measure reported by any Committee on the ground that hearings upon such measures were not conducted in accordance with the provisions of this clause; except that a point of order on that ground may be made by any Member of the Committee which has reported the measure if, in the Committee, such point of order was (A) timely made and (B) improperly overruled or not properly considered.
95-151 O - 73 - 2
(6) The preceding provisions of this paragraph do not apply to hearings on the Budget by the Committee on Appropriations under paragraph (g) of this clause.
(g)(1) The Committee on Appropriations shall, within thirty days after the transmittal of the Budget to the Congress each year, hold hearings on the Budget as a whole with particular reference to
(A) the basic recommendations and budgetary policies of the President in the presentation of the Budget; and
(B) the fiscal, financial, and economic assumptions used as bases in arriving at total estimated expenditures and receipts. (2) In holding hearings pursuant to subparagraph (1) of this paragraph, the Committee shall receive testimony from the Secretary of the Treasury, the Director of the Office of Management and Budget, the Chairman of the Council of Economic Advisers, and such other persons as the Committee may desire.
(3) Hearings pursuant to subparagraph (1) of this paragraph shall be held in open session, except when the Committee determines that the testimony to be taken at that hearing may relate to a matter of national security. A transcript of all such hearings shall be printed and a copy thereof_furnished to each Member and the Resident Commissioner from Puerto Rico.
(4) Hearings pursuant to subparagraph (1) of this paragraph, or any part thereof, may be held before joint meetings of the Committee and the Committee on Appropriations of the Senate in accordance with such procedures as the two Committees jointly may determine.
(h) Each Committee may fix the number of its Members to constitute a quorum for taking testimony and receiving evidence, which shall be not less than two.
(*) The Chairman at an investigative hearing shall announce in an opening statement the subject of the investigation.
() A copy of the Committee rules, if any, and paragraph 27 of Rule XI of the House of Representatives shall be made available to the witness.
(k) Witnesses at investigative hearings may be accompanied by their own counsel for the purpose of advising them concerning their constitutional rights.
(1) 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.
(m) If the Committee determines that evidence or testimony at an investigative hearing may tend to defame, degrade, or incriminate any person, it shall
(1) receive such evidence or testimony in executive session;
(2) afford such person an opportunity voluntarily to appear as a witness; and
(3) receive and dispose of requests from such person to subpena additional witnesses. (n) Except as provided in paragraph (m), the Chairman shall receive and the Committee shall dispose of requests to subpena additional witnesses.
(0) No evidence or testimony taken in executive session may be released or used in public sessions without the consent of the Committee.
(p) 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.
(q) Upon payment of the cost thereof, 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.
Mr. DINGELL. The Chair, in concert with other Members of the Congress, recently sent to the Chairman of the ICC a series of questions relevant to a portion of our inquiry today and the Chair inserts at this point the questions submitted in that correspondence to the ICC.
QUESTIONS SUBMITTED TO ICC 1. Why did the ICC seek an outside source to conduct the study? Is the internal capacity of the ICC not geared for such a study? If so, why isn't it?
2. In light of the above question, why haven't the funds for such a study been requested previously if ICC internal capabilities cannot handle such a project?
3. Was this contract put out for competitive bid? 4. If so, could you provide our offices with the ICC's staff evaluation of the other bidders' proposals?
5. If it was a sole source contract—what was the Commission's justification?
6. If it was a sole source contract, would you provide our offices with a copy of the findings and determination study and other analysis required for sole source?
7. Would you cite the authority from the Government Procurement Regulations used by the Commission for this contract?
8. What is the contemplated duration of this contract? 9. Is this a personal services contract?
10. It has come to our attention that a personal services contract was contemplated-however, after obtaining a ruling from the Civil Service Commission, it was determined that Mr. Allott could not receive his Senate annuity along with the $60,000 salary if it were a personal services contract. Also, if it were a personal services contract, Mr. Allott could only be entitled to $115 per day-about half of the $60,000 per year. Is this true? Is this normal procedure for the ICC, during contract negotiations, to be so solicitous to the interests of the contractor? Do you feel that these actions on the part of the ICC serve the best interests of the taxpayers in obtaining the lowest possible price on the contract? Would you provide our offices with the ICC correspondence with the Civil Service Commission concerning this matter?
11. Would you provide our offices with copies of the contract and a brief description?
12. The negotiations surrounding the appointment of Mr. Allott also raise serious questions. Who attended the negotiating sessions with Mr. Allott and Commissioner Brewer, ICC vice chairman?
13. What role did the 11 Commissioners have in deciding upon the choice of Mr. Allott? Why were the Commissioners not allowed to vote on such a major contract?
14. Would you provide our offices with the minutes and file memos of the negotiating sessions ?
15. Would you describe Mr. Allott's qualifications for managing such a sizable contract?
16. What other contracts even approaching the magnitude of $650,000 has Mr. Allott managed?
17. In the last ten years, what is the largest contract the ICC has let prior to this contract and has the ICC ever negotiated a similar contract?
18. Has any consultant ever been paid $60,000 per year by the ICC? 19. Last year the ICC assured the House Appropriations Committee that an FY 73 appropriation of $1.4 million—which includes the $650,000 contractwould be sufficient to complete the railroad investigation. Now, however, we understand that in FY 74 budget, the ICC is requesting additional funds for the completion of the study. What happened? Did the Allott contract bust the budget?
20. We understand that Mr. Allott has already hired a staff director. If that is true, what functions will be carried out by Mr. Allott for $60,000 per year? Would you provide us with a copy of the work statement?
ANSWERS FROM ICC to QUERIES 1. Why did the ICC seek an outside source to conduct the study? Is the internal capacity of the ICC not geared for such a study? If so, why isn't it?
At the time the funds were sought, a Government-wide freeze on employment was in effect. Consequently, in obtaining the additional funds a commitment