Congressional Record: June 4, 2002 (House)
Page H3133-H3137
PUBLICATION OF THE RULES OF THE PERMANENT SELECT COMMITTEE ON
INTELLIGENCE--107TH CONGRESS
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Florida (Mr. Goss) is recognized for five minutes.
Mr. GOSS. Mr. Speaker, pursuant to clause 2(a)(2) of Rule XI of the
Rules of the House of Representatives, I hereby submit the rules of the
Permanent Select Committee on Intelligence for the 107th Congress for
publication in the Congressional Record.
Rules of Procedure for the Permanent Select Committee on Intelligence
1. Subcommittees
(a) Generally.
(1) Creation of subcommittees shall be by majority vote of
the Committee.
(2) Subcommittees shall deal with such legislation and
oversight of programs and policies as the Committee may
direct.
(3) Subcommittees shall be governed by these rules.
For purposes of these rules, any reference herein to the
"Committee" shall be interpreted to include subcommittees
and the working group, unless otherwise specifically
provided.
(b) Establishment of Subcommittees.
The Committee establishes the following subcommittees:
(1) Subcommittee on Human intelligence, Analysis, and
Counterintelligence;
(2) Subcommittee on Technical and Tactical Intelligence;
(3) Subcommittee on Intelligence Policy and National
Security; and,
(4) Subcommittee on Terrorism and Homeland Security.
For purposes of these rules, any reference herein to the
"Committee" shall be interpreted to include subcommittees,
unless otherwise specifically provided.
(d) Subcommittee Membership.
(1) Generally. Each Member of the Committee may be assigned
to at least one of the four subcommittees.
(2) Ex Officio Membership. In the event that the Chairman
and Ranking Minority Member of the full Committee do not
choose to sit as regular voting members of one or more of the
subcommittees, each is authorized to sit as an ex officio
Member of the subcommittees and participate in the work of
the subcommittees. When sitting ex officio, however, they--
(A) shall not have a vote in the subcommittees; and
(B) shall not be counted for purposes of determining a
quorum.
2. Meeting Day
(a) Regular Meeting Day for the Full Committee.
(1) Generally. The regular meeting day of the Committee for
the transaction of Committee business shall be the first
Wednesday of each month, unless otherwise directed by the
Chairman.
(2) Notice Required. Such regular business meetings shall
not occur, unless Members are provided reasonable notice
under these rules.
(b) Regular Meeting Day for Subcommittees.
There is no regular meeting day for subcommittees.
3. Notice of Meetings
(a) Generally.
In the case of any meeting of the Committee, the Chief
Clerk of the Committee shall provide reasonable notice to
every Member of the Committee. Such notice shall provide the
time and place of the meeting.
(b) Definition.
For purposes of this rule, "reasonable notice" means:
(1) written notification;
(2) delivered by facsimile transmission or regular mail,
which is
(A) delivered no less than 24 hours prior to the event for
which notice is being given, if the event is to be held in
Washington, DC; or
(B) delivered no less than 48 hours prior to the event for
which notice is being given, if the event is to be held
outside Washington, DC.
(C) Exception.
In extraordinary circumstances only, the Chairman may,
after consulting with the Ranking Minority Member, call a
meeting of the Committee without providing notice, as defined
in subparagraph (b), to Members of the Committee.
4. Preparations for Committee Meetings
(a) Generally.
Designated Committee Staff, as directed by the Chairman,
shall brief Members of the Committee at a time sufficiently
prior to any Committee meeting in order to:
(1) assist Committee Members in preparation for such
meeting; and
(2) determine which matters Members wish considered during
any meeting.
(b) Briefing Materials.
(1) Such a briefing shall, at the request of a Member,
include a list of all pertinent papers, and such other
materials, that have been obtained by the Committee that bear
on matters to be considered at the meeting; and
(2) The staff director shall also recommend to the Chairman
any testimony, papers, or other materials to be presented to
the Committee at any meeting of the Committee.
5. Open Meetings
(a) Generally.
Pursuant to Rule XI of the House, but subject to the
limitations of subsection (b), Committee meetings held for
the transaction of business, and Committee hearings, shall be
open to the public.
(b) Exceptions.
Any meeting or portion thereof, for the transaction of
business, including the markup of legislation, or any hearing
or portion thereof, shall be closed to the public, if:
[[Page H3134]]
(1) the Committee determines by record vote, in open
session with a majority of the Committee present, that
disclosure of the matters to be discussed may:
(A) endanger national security;
(B) compromise sensitive law enforcement information;
(C) tend to defame, degrade, or incriminate any person; or
(D) otherwise violate any law or Rule of the House.
(2) Notwithstanding paragraph (1), a vote to close a
Committee hearing, pursuant to this subsection and House Rule
XI shall be taken in open session--
(A) with a majority of the Committee being present; or
(B) pursuant to House Rule X, clause 11(d)(2), regardless
of whether a majority is present, so long as at least two
Members of the Committee are present, one of whom is a member
of the Minority, and votes upon the motion.
(c) Briefings.
All Committee briefings shall be closed to the public.
6. Quorum
(a) Hearings.
For purposes of taking testimony, or receiving evidence, a
quorum shall consist of two Committee Members.
(b) Other Committee Proceedings.
For purposes of the transaction of all other Committee
business, other than the consideration of a motion to close a
hearing as described in rule 5(b)(2)(B), a quorum shall
consist of a majority of Members.
7. Reporting Record Votes
Whenever the Committee reports any measure or matter by
record vote, the report of the Committee upon such measure or
matter shall include a tabulation of the votes cast in favor
of, and the votes cast in opposition to, such measure or
matter.
8. Procedures for Taking Testimony or Receiving Evidence
(a) Notice.
Adequate notice shall be given to all witnesses appearing
before the Committee.
(b) Oath or Affirmation.
The Chairman may require testimony of witnesses to be given
under oath or affirmation.
(c) Administration of Oath or Affirmation.
Upon the determination that a witness shall testify under
oath or affirmation, any Member of the Committee designated
by the Chairman may administer the oath or affirmation.
(d) Interrogation of Witnesses.
(1) Generally. Interrogation of witnesses before the
Committee shall be conducted by Members of the Committee.
(2) Exceptions.
(A) The Chairman, in consultation with the Ranking Minority
Member, may determine that Committee Staff will be authorized
to question witnesses at a hearing in accordance with clause
(2)(j) of House Rule XI.
(B) The Chairman and Ranking Minority Member are each
authorized to designate Committee Staff to conduct such
questioning.
(e) Counsel for the Witness.
(1) Generally. Witnesses before the Committee may be
accompanied by counsel, subject to the requirements of
paragraph (2).
(2) Counsel Clearances Required. In the event that a
meeting of the Committee has been closed because the subject
to be discussed deals with classified information, counsel
accompanying a witness before the Committee must possess the
requisite security clearance and provide proof of such
clearance to the Committee at least 24 hours prior to the
meeting at which the counsel intends to be present.
(3) Failure to Obtain Counsel. Any witness who is unable to
obtain counsel should notify the Committee. If such
notification occurs at least 24 hours prior to the witness'
appearance before the Committee, the Committee shall then
endeavor to obtain voluntary counsel for the witness. Failure
to obtain counsel, however, will not excuse the witness from
appearing and testifying.
(4) Conduct of Counsel for Witnesses. Counsel for witnesses
appearing before the Committee shall conduct themselves
ethically and professionally at all times in their dealings
with the Committee.
(A) A majority of Members of the Committee may, should
circumstances warrant, find that counsel for a witness before
the Committee failed to conduct himself or herself in an
ethical or professional manner.
(B) Upon such finding, counsel may be subject to
appropriate disciplinary action.
(5) Temporary Removal of Counsel. The Chairman may remove
counsel during any proceeding before the Committee for
failure to act in an ethical and professional manner.
(6) Committee Reversal. A majority of the Members of the
Committee may vote to overturn the decision of the Chairman
to remove counsel for a witness.
(7) Role of Counsel for Witness.
(A) Counsel for a witness:
(i) shall not be allowed to examine witnesses before the
Committee, either directly or through cross-examination; but
(ii) may submit questions in writing to the Committee that
counsel wishes propounded to a witness; or
(iii) may suggest, in writing to the Committee the
presentation of other evidence or the calling of other
witnesses.
(B) The Committee may make such use of any such questions,
or suggestions, as the Committee deems appropriate.
(f) Statements by Witnesses.
(1) Generally. A witness may make a statement, which shall
be brief and relevant, at the beginning and at the conclusion
of the witness' testimony.
(2) Length. Each such statements shall not exceed five
minutes in length, unless otherwise determined by the
Chairman.
(3) Submission to the Committee. Any witness desiring to
submit a written statement for the record of the proceedings
shall submit a copy of the statement to the Chief Clerk of
the Committee.
(A) Such statements shall ordinarily be submitted no less
than 48 hours in advance of the witness' appearance before
the Committee.
(B) In the event that the hearing was called with less than
24 hours notice, written statements should be submitted as
soon as practicable prior to the hearing.
(g) Objections and Ruling.
(1) Generally. Any objection raised by a witness, or
counsel for the witness, shall be ruled upon by the Chairman,
and such ruling shall be the ruling of the Committee.
(2) Committee Action. A ruling by the Chairman may be
overturned upon a majority vote of the Committee.
(h) Transcripts.
(1) Transcript Required. A transcript shall be made of the
testimony of each witness appearing before the Committee
during any hearing of the Committee.
(2) Opportunity to Inspect. Any witness testifying before
the Committee shall be given a reasonable opportunity to
inspect the transcript of the hearing, and may be accompanied
by counsel to determine whether such testimony was correctly
transcribed. Such counsel:
(A) shall have the appropriate clearance necessary to
review any classified aspect of the transcript; and
(B) should, to the extent possible, be the same counsel
that was present for such classified testimony.
(3) Corrections.
(A) Pursuant to Rule XI of the House Rules, any corrections
the witness desires to make in a transcript shall be limited
to technical, grammatical, and typographical.
(B) Corrections may not be made to change the substance of
the testimony.
(C) Such corrections shall be submitted in writing to the
Committee within 7 days after the transcript is made
available to the witness.
(D) Any questions arising with respect to such corrections
shall be decided by the Chairman.
(4) Copy for the Witness. At the request of the witness,
any portion of the witness' testimony given in executive
session shall be made available to that witness if that
testimony is subsequently quoted or intended to be made part
of a public record. Such testimony shall be made available to
the witness at the witness' expense.
(i) Requests to Testify.
(1) Generally. The Committee will consider requests to
testify on any matter or measure pending before the
Committee.
(2) Recommendations for Additional Evidence. Any person who
believes that testimony, other evidence, or commentary,
presented at a public hearing may tend to affect adversely
that person's reputation may submit to the Committee, in
writing:
(A) a request to appear personally before the Committee;
(B) a sworn statement of facts relevant to the testimony,
evidence, or commentary; or
(C) proposed questions for the cross-examination of other
witnesses.
(3) Committee's Discretion. The Committee may take those
actions it deems appropriate with respect to such requests.
(j) Contempt Procedures. Citations for contempt of Congress
shall be forwarded to the House, only if:
(1) reasonable notice is provided to all Members of the
Committee of a meeting to be held to consider any such
contempt recommendations;
(2) the Committee has met and considered the contempt
allegations;
(3) the subject to the allegations was afforded an
opportunity to state, either in writing or in person, why he
or she should not be held in contempt; and
(4) the Committee agreed by majority vote to forward the
citation recommendations to the House.
(k) Release of Name of Witness.
(1) Generally. At the request of a witness scheduled to be
heard by the Committee, the name of that witness shall not be
released publicly prior to, or after, the witness' appearance
before the Committee.
(2) Exceptions. Notwithstanding paragraph (1), the Chairman
may authorize the release to the public of the name of any
witness scheduled to appear before the Committee.
9. Investigations
(a) Commencing Investigations.
(1) Generally. The Committee shall conduct investigations
only if approved by the full Committee. An investigation may
be initiated either:
(A) by a vote of the full Committee;
(B) at the direction of the Chairman of the full Committee,
with notice to the Ranking Minority Member; or
(C) by written request of at least five Members of the full
Committee, which is submitted to the Chairman.
(2) Full Committee Ratification Required. Any investigation
initiated by the Chairman pursuant to paragraphs (B) and (C)
must be brought to the attention of the full Committee for
approval, at the next regular meeting of the full Committee.
(b) Conducting Investigations.
[[Page H3135]]
An authorized investigation may be conducted by Members of
the Committee or Committee Staff members designated by the
Chairman, in consultation with the Ranking Minority Member,
to undertake any such investigation.
10. Subpoenas
(a) Generally. All subpoenas shall be authorized by the
Chairman of the full Committee, upon consultation with the
Ranking Minority Member, or by vote of the Committee.
(b) Subpoena Contents. Any subpoena authorized by the
Chairman of the full Committee, or the Committee, may compel:
(1) the attendance of witnesses and testimony before the
Committee; or
(2) the production of memoranda, documents, records, or any
other tangible item.
(c) Signing of Subpoenas. A subpoena authorized by the
Chairman of the full Committee, or the Committee, may be
signed by the Chairman, or by any Member of the Committee
designated to do so by the Committee.
(d) Subpoena Service. A subpoena authorized by the Chairman
of the full Committee, or the Committee, may be served by any
person designated to do so by the Chairman.
(e) Other Requirements. Each subpoena shall have attached
thereto a copy of these rules.
11. Committee Staff
(a) Definition.
For the purpose of these rules, "Committee Staff" or
"staff of the Committee" means:
(1) employees of the Committee;
(2) consultants to the Committee;
(3) employees of other Government agencies detailed to the
Committee; or
(4) any other person engaged by contract, or otherwise, to
perform services for, or at the request of, the Committee.
(b) Appointment of Committee Staff.
(1) Chairman's Authority. The appointment of Committee
Staff shall be by the Chairman, in consultation with the
Ranking Minority Member. The Chairman shall certify Committee
Staff appointments to the Clerk of the House in writing.
(2) Security Clearance Required. All offers of employment
for prospective Committee Staff positions shall be contingent
upon:
(A) the results of a background investigation; and
(B) a determination by the Chairman that requirements for
the appropriate security clearances have been met.
(c) Responsibilities of Committee Staff.
(1) Generally. The Committee Staff works for the Committee
as a whole, under the supervision and direction of the
Chairman of the Committee.
(2) Authority of the Staff Director.
(A) Unless otherwise determined by the Committee, the
duties of Committee Staff shall be performed under the direct
supervision and control of the staff director.
(B) Committee Staff personnel affairs and day-to-day
Committee Staff administrative matters, including the
security and control of classified documents and material,
shall be administered under the direct supervision and
control of the staff director.
(3) Staff Assistance to Minority Membership. The Committee
Staff shall assist the Minority as fully as the Majority of
the Committee in all matters of Committee business, and in
the preparation and filing of supplemental, minority, or
additional views, to the end that all points of view may be
fully considered by the Committee and the House.
12. Limit on Discussion of Classified Work of the Committee
(a) Prohibition.
(1) Generally. Except as otherwise provided by these rules
and the Rules of the House of Representatives, Members and
Committee Staff shall not at any time, either during that
person's tenure as a Member of the Committee or as Committee
Staff, or anytime thereafter, discuss or disclose:
(A) the classified substance of the work of the Committee;
(B) any information received by the Committee in executive
session;
(C) any classified information received by the Committee
from any source; or
(D) the substance of any hearing that was closed to the
public pursuant to these rules or the Rules of the House.
(2) Non-Disclosure in Proceedings.
(A) Members of the Committee and the Committee Staff shall
not discuss either the substance or procedure of the work of
the Committee with any person not a Member of the Committee
or the Committee Staff in connection with any proceeding,
judicial or otherwise, either during the person's tenure as a
Member of the Committee, or of the Committee Staff, or at any
time thereafter, except as directed by the Committee in
accordance with the Rules of the House and these rules.
(B) In the event of the termination of the Committee,
Members and Committee Staff shall be governed in these
matters in a manner determined by the House concerning
discussions of the classified work of the Committee.
(3) Exceptions.
(A) Notwithstanding the provisions of subsection (a)(1),
Members of the Committee and the Committee Staff may discuss
and disclose those matters described in subsection (a)(1)
with--
(i) Members and staff of the Senate Select Committee on
Intelligence designated by the chairman of that committee;
(ii) the chairmen and ranking minority members of the House
and Senate Committees on Appropriations and staff of those
committees designated by the chairmen of those committees;
and
(iii) the chairman and ranking minority member of the
Subcommittee on Defense of the House Committee on
Appropriations and staff of that subcommittee as designated
by the chairman of that subcommittee.
(B) Notwithstanding the provisions of subsection (a)(1),
Members of the Committee and the Committee Staff may discuss
and disclose only that budget-related information necessary
to facilitate the enactment of the annual defense
authorization bill with the chairmen and ranking minority
members of the House and Senate Committees on Armed Services
and the staff of those committees designated by the chairmen
of those committees.
(C) Notwithstanding the provisions of subsection (a)(1),
Members of the Committee and the Committee staff may discuss
with and disclose to the chairman and ranking minority member
of a subcommittee of the House Appropriations Committee with
jurisdiction over an agency or program within the National
Foreign Intelligence Program (NFIP), and staff of that
subcommittee as designated by the chairman of that
subcommittee, only that budget-related information necessary
to facilitate the enactment of an appropriations bill within
which is included an appropriation for an agency or program
within the NFIP.
(D) The Chairman may, in consultation with the Ranking
Minority Member, upon the written request to the Chairman
from the Inspector General of an element of the Intelligence
Committee, grant access to Committee transcripts or documents
that are relevant to an investigation of an allegation of
possible false testimony or other inappropriate conduct
before the Committee, or that are otherwise relevant to the
Inspector General's investigation.
(E) Upon the written request of the head of an intelligence
Community element, the Chairman may, in consultation with the
Ranking Minority Member, make available Committee briefing or
hearing transcripts to that element for review by that
element if a representative of that element testified,
presented information to the Committee, or was present at the
briefing or hearing the transcript of which is requested for
review.
(F) Members and Committee Staff may discuss and disclose
such matters as otherwise directed by that Committee.
(b) Non-Disclosure Agreement.
(1) Generally. All Committee Staff must, before joining the
Committee, agree in writing, as a condition of employment,
not to divulge any classified information, which comes into
such person's possession while a member of the Committee
Staff, to any person not a Member of the Committee or the
Committee Staff, except as authorized by the Committee in
accordance with the Rules of the House and these rules.
(2) Other Requirements. In the event of the termination of
the Committee, Members and Committee Staff must follow any
determination by the House of Representatives, with respect
to the protection of classified information received while a
Member of the Committee or as Committee Staff.
(3) Requests for Testimony of Staff.
(A) All Committee Staff must, as a condition of employment,
agree in writing to notify the Committee immediately of any
request for testimony received while a member of the
Committee Staff, or at any time thereafter, concerning any
classified information received by such person while a member
of the Committee staff.
(B) Committee Staff shall not disclose, in response to any
such request for testimony, any such classified information,
except as authorized by the Committee in accordance with the
Rules of the House and these rules.
(C) In the event of the termination of the Committee,
Committee Staff will be subject to any determination made by
the House of Representatives with respect to any requests for
testimony involving classified information received while a
member of the Committee staff.
13. Classified Material
(a) Receipt of Classified Information.
(1) Generally. In the case of any information that has been
classified under established security procedures and
submitted to the Committee by any source, the Committee shall
receive such classified information as executive session
material.
(2) Staff Receipt of Classified Materials. For purposes
classified information, the Committee Staff is authorized to
accept information on behalf of the Committee.
(b) Non-Disclosure of Classified Information.
Generally. Any classified information received by the
Committee, from any source, shall not be disclosed to any
person not a Member of the Committee or the Committee Staff,
or otherwise released, except as authorized by the Committee
in accord with the Rules of the House and these rules.
14. Procedures Related to Handling of Classified Information
(a) Security Measures.
(1) Strict Security. The Committee's offices shall operate
under strict security procedures administered by the Director
of Security and Registry of the Committee under the direct
supervision of the staff director.
(2) U.S. Capitol Police Presence Required. At least one
U.S. Capitol Police officer shall be on duty at all times
outside the entrance
[[Page H3136]]
of Committee offices to control entry of all persons to such
offices.
(3) Identification Required. Before entering the
Commission's office all persons shall identify themselves to
the U.S. Capitol Police officer described in paragraph (2)
and to a Member of the Committee, or Committee Staff.
(4) Maintenance of Classified Materials. Classified
documents shall be segregated and maintained in approved
security storage locations.
(5) Examination of Classified Materials. Classified
documents in the Committee's possession shall be examined in
an appropriately secure manner.
(6) Prohibition on Removal of Classified Materials. Removal
of any classified document from the Committee's offices is
strictly prohibited, except as provided by these rules.
(7) Exception. Notwithstanding the prohibition set forth in
paragraph (6), a classified document, or copy thereof, maybe
removed from the Committee's offices in furtherance of
official Committee business. Appropriate security procedures
shall govern the handling of any classified documents removed
from the Committees' offices.
(b) Access to Classified Information by Members.
All Members of the Committee shall at all times have access
to all classified papers and other material received by the
Committee from any source.
(c) Need-to-know.
(1) Generally. Committee Staff shall have access to any
classified information provided to the Committee on a strict
"need-to-know" basis, as determined by the Committee, and
under the Committee's direction by the staff director.
(2) Appropriate Clearances Required. Committee Staff must
have the appropriate clearance prior to any access to
compartmented information.
(d) Oath.
(1) Requirement. Before any Member of the Committee, or the
Committee Staff, shall have access to classified information,
the following oath shall be executed:
I do solemnly swear (or affirm) that I will not disclose
any classified information received in the course of my
service on the House Permanent Select Committee on
Intelligence, except when authorized to do so by the
Committee or the House of Representatives.
(2) Copy. A copy of such executed oath shall be retained in
the files of the Committee.
(2) Registry.
(1) Generally. The Committee shall maintain a registry
that:
(A) provides a brief description of the content of all
classified documents provided to the Committee by the
executive branch that remain in the possession of the
Committee; and
(B) lists by number all such documents.
(2) Designation by the Staff Director. The staff director
shall designate a member of the Committee Staff to be
responsible for the organization and daily maintenance of
such registry.
(3) Availability. Such registry shall be available to all
Members of the Committee and Committee Staff.
(f) Requests by Members of Other Committees. Pursuant to
the Rules of the House, Members who are not Members of the
Committee may be granted access to such classified
transcripts, records, data, charts, or files of the
Committee, and be admitted on a non-participatory basis to
classified hearings of the Committee involving discussions of
classified material in the following manner:
(1) Written Notification Required. Members who desire to
examine classified materials in the possession of the
Committee, or to attend Committee hearings or briefings on a
non-participatory basis, must notify the Chief Clerk of the
Committee in writing.
(2) Committee Consideration. The Committee shall consider
each such request by non-Committee Members at the earliest
practicable opportunity. The Committee shall determine, by
roll call vote, what action it deems appropriate in light of
all of the circumstances of each request. In its
determination, the Committee shall consider.
(A) the sensitivity to the national defense or the
confidential conduct of the foreign relations of the United
States of the information sought;
(B) the likelihood of its being directly or indirectly
disclosed;
(C) the jurisdictional interest of the Member making the
request; and
(D) such other concerns, constitutional or otherwise, as
may affect the public interest of the United States.
(3) Committee Action. After consideration of the Member's
request, the Committee may take any action it may deem
appropriate under the circumstances, including but not
limited to:
(2) approving the request, in whole or part;
(3) denying the request; or
(A) providing the requested information or material in a
different form than that sought by the Member.
(4) Requirements for Access by Non-Committee Members.
Prior to a non-Committee Member being given access to
classified information pursuant to this subsection, the
requesting Member shall--
(A) provide the Committee a copy of the oath executed by
such Member pursuant to House Rule XXIII, clause 13; and
(B) agree in writing not to divulge any classified
information provided to the Member pursuant to this
subsection to any person not a Member of the Committee or the
Committee Staff, except as otherwise authorized by the
Committee in accordance with the Rules of the House and these
rules.
(5) Consultation Authorized. When considering a Member's
request, the Committee may consult the Director of Central
Intelligence and such other officials it considers necessary.
(6) Finality of Committee Decisions.
(A) Should the Member making such a request disagree with
the Committee's determination with respect to that request,
or any part thereof, that Member must notify the Committee in
writing of such disagreement.
(B) The Committee shall subsequently consider the matter
and decide, by record vote, what further action or
recommendation, if any, the Committee will take.
(g) Advising the House or Other Committees.
Pursuant to Section 501 of the National Security Act of
1947 (50 U.S.C. Sec. 413), and to the Rules of the House, the
Committee shall call to the attention of the House, or to any
other appropriate committee of the House, those matters
requiring the attention of the House, or such other
committee, on the basis of the following provisions:
(1) By Request of Committee Member. At the request of any
Member of the Committee to call to the attention of the
House, or any other committee, executive session material in
the Committee's possession, the Committee shall meet at the
earliest practicable opportunity to consider that request.
(2) Committee Consideration of Request. The Committee shall
consider the following factors, among any others it deems
appropriate:
(A) the effect of the matter in question on the national
defense or the foreign relations of the United States.
(B) whether the matter in question involves sensitive
intelligence sources and methods;
(C) whether the matter in question otherwise raises serious
questions affecting the national interest; and
(D) whether the matter in question affects manners within
the jurisdiction of another Committee of the House.
(3) Views of Other Committees. In examining such factors,
the Committee may seek the opinion of Members of the
Committee appointed from standing committees of the House
with jurisdiction over the matter in question, or submissions
from such other committees.
(4) Other Advice. The Committee may, during its
deliberations on such requests, seek the advice of any
executive branch official.
(h) Reasonable Opportunity to Examine Materials.
Before the Committee makes any decision regarding any
request for access to any classified information in its
possession, or a proposal to bring any matter to the
attention of the House or another committee, Members of the
Committee shall have a reasonable opportunity to examine all
pertinent testimony, documents, or other materials in the
Committee's possession that may inform their decision on the
question.
(i) Notification to the House.
The Committee may bring a matter to the attention of the
House when, after consideration of the factors set forth in
this rule, it considers the matter in question so grave that
it requires the attention of all Members of the House, and
time is of the essence, or for any reason the committee finds
compelling.
(j) Method of Disclosure to the House.
(1) Should the Committee decide by roll call vote that a
matter requires the attention of the House as described in
subsection (i), it shall make arrangements to notify the
House promptly.
(2) In such cases, the Committee shall consider whether:
(A) to request an immediate secret session of the House
(with time equally divided between the Majority and the
Minority); or
(B) to publicly disclose the matter in question pursuant to
clause 11(g) of House Rule X.
(k) Requirement to Protect Sources and Methods.
In bringing a matter to the attention of the House, or
another committee, the Committee, with due regard for the
protection of intelligence sources and methods, shall take
all necessary steps to safeguard materials or information
relating to the matter in question.
(l) Availability of Information to Other Committees.
The Committee, having determined that a matter shall be
brought to the attention of another committee, shall ensure
that such matter, including all classified information
related to that matter, is promptly made available to the
chairman and ranking minority member of such other committee.
(m) Provision of Materials.
The director of Security and Registry for the Committee
shall provide a copy of these rules, and the applicable
portions of the Rules of the House of Representatives
governing the handling of classified information, along with
those materials determined by the Committee to be made
available to such other committee of the House or Member (not
a Member of the Committee).
(n) Ensuring Clearances and Secure Storage.
The Director of Security and Registry shall ensure that
such other committee or Member (not a Member of the
Committee) receiving such classified materials may properly
store classified materials in a manner
[[Page H3137]]
consistent with all governing rules, regulations, policies,
procedures, and statutes.
(o) Log.
The Director of Security and Registry for the Committee
shall maintain a written record identifying the particular
classified document or material provided to such other
committee or Member (not a Member of the Committee), the
reasons agreed upon by the Committee for approving such
transmission, and the name of the committee or Member (not a
Member of the Committee) receiving such document or material.
(p) Miscellaneous Requirements.
(1) Staff Director's Additional Authority. The staff
director is further empowered to provide for such additional
measures, which he or she deems necessary, to protect such
classified information authorized by the Committee to be
provided to such other committee or Member (not a Member of
the Committee).
(2) Notice to Originating Agency. In the event that the
Committee authorizes the disclosure of classified information
provided to the Committee by an agency of the executive
branch to a Member (not a Member of the Committee) or to
another committee, the Chairman may notify the providing
agency of the Committee's action prior to the transmission of
such classified information.
15. Legislative Calendar
(a) Generally.
The Chief Clerk, under the direction of the staff director,
shall maintain a printed calendar that lists:
(1) the legislative measures introduced and referred to the
Committee;
(2) the status of such measures; and
(3) such other matters that the Committee may require.
(b) Revisions to the Calendar.
The calendar shall be revised from time to time to show
pertinent changes.
(c) Availability.
A copy of each such revision shall be furnished to each
Member, upon request.
(d) Consultation with Appropriate Government Entities.
Unless otherwise directed by the committee, legislative
measures referred to the Committee shall be referred by the
Chief Clerk to the appropriate department or agency of the
Government for reports thereon.
16. Committee Travel
(a) Authority.
The Chairman may authorize Members and Committee Staff to
travel on Committee business.
(b) Requests.
(1) Member Requests. Members requesting authorization for
such travel shall state the purpose and length of the trip,
and shall submit such request directly to the Chairman.
(2) Committee Staff Requests. Committee Staff requesting
authorization for such travel shall state the purpose and
length of the trip, and shall submit such request through
their supervisors to the staff director and the Chairman.
(c) Notification to Members.
(1) Generally. Members shall be notified of all foreign
travel of Committee Staff not accompanying a Member.
(2) Content. All Members are to be advised, prior to the
commencement of such travel, of its length, nature, and
purpose.
(d) Trip Reports.
(1) Generally. A full report of all issues discussed during
any Committee travel shall be submitted to the Chief Clerk of
the Committee within a reasonable period of time following
the completion of such trip.
(2) Availability of Reports. Such report shall be:
(A) available for the review of any Member or Committee
Staff; and
(B) considered executive session material for purposes of
these rules.
(e) Limitations on Travel.
(1) Generally. The Chairman is not authorized to permit
travel on Committee business of Committee Staff who have not
satisfied the requirements of subsection (d) of this rule.
(2) Exception. The Chairman may authorize Committee Staff
to travel on Committee business, notwithstanding the
requirements of subsections (d) and (e) of this rule--
(A) at the specific request of a Member of the Committee;
or
(B) in the event there are circumstances beyond the control
of the Committee Staff hindering compliance with such
requirements.
(f) Definitions.
For purposes of this rule the term "reasonable period of
time" means:
(1) no later than 60 days after returning from a foreign
trip; and
(2) no later than 30 days after returning from a domestic
trip.
(C) Disciplinary Actions
(a) Generally.
The Committee shall immediately consider whether
disciplinary action shall be taken in the case of any member
of the Committee Staff alleged to have failed to conform to
any Rule of the House of Representatives or to these rules.
(b) Exception.
In the event the House of Representatives is:
(1) in the recess period in excess of 3 days; or
(2) has adjourned sine die;
the Chairman of the full Committee, in consultation with the
Ranking Minority Member, may take such immediate disciplinary
actions deemed necessary.
(c) Available Actions.
Such disciplinary action may include immediate dismissal
from the Committee Staff.
(d) Notice to Members.
All Members shall be notified as soon as practicable,
either by facsimile transmission or regular mail, of any
disciplinary action taken by the Chairman pursuant to
subsection (b).
(e) Reconsideration of Chairman's Actions.
A majority of the Members of the full Committee may vote to
overturn the decision of the Chairman to take disciplinary
action pursuant to subsection (b).
18. Broadcasting Committee Meetings
Whenever any hearing or meeting conducted by the Committee
is open to the public, a majority of the Committee may permit
that hearing or meeting to be covered, in whole or in part,
by television broadcast, radio broadcast, and still
photography, or by any of such methods of coverage, subject
to the provisions and in accordance with the spirit of the
purposes enumerated in the Rules of the House.
19. Committee Records Transferred to the National Archives
(a) Generally.
The records of the Committee at the National Archives and
Records Administration shall be made available for public use
in accordance with the Rules of the House of Representatives.
(b) Notice of withholding.
The Chairman shall notify the Ranking Minority Member of
any decision, pursuant to the Rules of the House of
Representatives, to withhold a record otherwise available,
and the matter shall be presented to the full Committee for a
determination of the question of public availability on the
written request of any Member of the Committee.
20. Changes in Rules
(a) Generally.
These rules may be modified, amended, or repealed by vote
of the full Committee.
(b) Notice of Proposed Changes.
A notice, in writing, of the proposed change shall be given
to each Member at least 48 hours prior to any meeting at
which action on the proposed rule change is to be taken.
____________________
