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Provisions of P.L. 91-510 Authorizing House Committee Broadcast of Hearings

Section 116(b) of the 1970 Legislative Reorganization Act authorizes broadcasting by committees of the House. It reads as

follows:

(b) Rule XI of the Rules of the House of Representatives is amended by adding at the end thereof the following new clause:

"33. (a) It is the purpose of this clause to provide a means, in conformity with acceptable standards of dignity, propriety, and decorum, by which committee hearings which are open to the public may be covered, by television broadcast, radio broadcast, and still photography, or by any of such methods of coverage

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"(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 of the United States as an organ of the Federal Government. "(b) In addition, it is the intent of this clause that radio and television film of any coverage under this clause shall 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 of any hearing or hearings covered, under authority of this clause, by television broadcast, radio broadcast, and still photography, or by any of such methods of coverage, 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 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 shall not be such

as to -

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

"(B) cast discredit or dishonor on the House, the committee, or any Member or bring the House, the committee, or any Member into disrepute.

"(d) The coverage of committee hearings by television broadcast, radio broadcast, or still photography is a privilege made available by the House and shall be permitted and conducted only in strict conformity with the purposes, provisions, and requirements of this clause. "(e) Whenever any hearing conducted by any committee of the House is open to the public, that committee may permit, by majority vote of the committee, that hearing to be covered, in whole or in part, by television broadcast, radio broadcast, and still photography, or by any of such methods of coverage, but only under such written rules as the committee may adopt in accordance with the purposes, provisions, and requirements of this clause.

"(f) The written rules which may be adopted by a committee under paragraph (e) of this clause shall contain provisions to the following effect:

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

"(2) No witness served with a subpena by the committee shall be required against his 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 such 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. This subparagraph is supplementary to paragraph (m) of clause 27 of this rule, relating to the protection of the rights of witnesses.

"(3) Not more than four television cameras, operating from fixed positions, shall be permitted in a hearing room. The allocation among the television media of the positions of the number of television cameras permitted in a hearing room shall be in accordance with fair and equitable procedures 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 by the other media.

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Brumment necessary for coverage by the television and zadir meċia shall not be installed in, or removed from, the hearing room while the committee is in session.

* Floodlights, spotlights, strobelights, and flashguns shall not be used in providing any method of coverage of the hearing, except that the television media may install Baditional lighting in the hearing room, without cost to the Government, in order to raise the ambient lighting level in the hearing rom to the lowest level necessary to provide adequate television coverage of the hearing at the then current state of the art of television coverage.

* Not more than five press photographers shall be permitted to cover a hearing by still photography. In the sclection 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 of the hearing by still photography, that coverage shall be made on the basis of a fair and equitable pool arrangement devised by the Standing Committee of Press Photographers.

*(*) Photographers shall not position themselves, at any time during the course of the hearing, between the witness table and the members of the committee.

(0) Photographers shall not place themselves in positions which abstract unnecessarily the coverage of the hearing by the other media.

*(2) Personnel providing coverage by the television and radio media shall be then currently accredited to the Radio and Television Correspondents' Galleries.

*(12) Personnel providing coverage by still photography shall be then currently accredited to the Press Photographers Aller.

*(23) 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.".

In summary, section 116(b) provides that by majority vote, any committee may permit any of its public hearings to be televised, broadcast by radio, or photographed by still photographers, provided that the conduct of the hearings conforms to acceptable standards of behavior.

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Furthermore, no committee may permit the broadcasting or

photographing of any of its hearings unless it has adopted written

rules to the effect that:

(a) live coverage is to be broadcast without commercial

sponsorship;

(b) no subpoenaed witness may be photographed, televised, or

broadcast against his will;

(c) television coverage shall be limited to four fixed

cameras not obstructing committee proceedings or the
other media;

(d) equipment must be installed prior to the hearing;

(e) lighting shall be at the lowest adequate level;

(f) no more than five still photographers may cover any

hearing;

(g) the still photographers shall not come between the witness

and committee members or obstruct the other media during
the hearing; and

(h) broadcast and photography personnel shall be orderly

and unobtrusive.

The intent of this new clause 33 of Rule XI is to give each

committee of the House authority to have its public hearings televised, broadcast, or photographed, subject to certain basic regulations to

which every committee must adhere.

A committee may permit all its public hearings to be covered

by the broadcast and photography media, or it may limit such coverage

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to specific hearings or parts of hearings, or it may refuse to

open any of its hearings to those media.

Before a committee may permit the broadcasting of one or more of its hearings, it must comply with two requirements: first, it must make the decision by a majority vote of the committee; second, it must adopt written rules to provide for such broadcast coverage, those rules to include the specific regulations described in the summary above. The committee may adopt additional rules consistent with the purposes and intent of Rule XI, clause 33, but it must at the very least adopt those set forth in that clause. The language emphasizes that media coverage of House committee hearings is a privilege, not a right, and that a committee may revoke that privilege as circumstances warrant.

The stated purpose of permitting the broadcasting and photographing of House committee hearings is to provide education, perspective, and enlightenment to the public.

The language emphasizes that broadcast hearings shall be conducted in conformity with "acceptable standards of dignity, propriety the and decorum." Moreover, it is declared to be intent of the clause that broadcast tapes and film of hearings "shall 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."

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