[Congressional Record Volume 159, Number 35 (Tuesday, March 12, 2013)]
[House]
[Pages H1349-H1354]
PUBLICATION OF COMMITTEE RULES
Rules of the Committee on Intelligence for the 113th Congress
House of Representatives, Permanent Select Committee on
Intelligence,
Washington, DC, March 12, 2013.
Hon. John Boehner,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: In accordance with Clause 2 of Rule XI of
the House of Representatives, I am submitting the Rules of
the Permanent Select Committee on Intelligence for printing
in the Congressional Record. On February 13, 2013, the
Committee
[[Page H1350]]
adopted these Rules by non-record vote with a quorum present.
Sincerely,
Mike Rogers,
Chairman.
1. MEETING DAY
Regular Meeting Day for the Full Committee. The regular
meeting day of the Committee for the transaction of Committee
business shall be the first Thursday of each month, unless
otherwise directed by the Chair.
2. NOTICE FOR 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, place, and subject matter of the meeting,
and shall be made consistent with the provisions of clause
2(g)(3) of House Rule XI.
(b) Hearings. Except as provided in subsection (d), a
Committee hearing may not commence earlier than one week
after such notice.
(c) Business Meetings. Except as provided in subsection
(d), a Committee business meeting may not commence earlier
than the third day on which Members have notice thereof.
(d) Exception. A hearing or business meeting may begin
sooner than otherwise specified in either of the following
circumstances (in which case the Chair shall provide the
notice at the earliest possible time):
(1) the Chair, with the concurrence of the Ranking Minority
Member, determines there is good cause; or
(2) the Committee so determines by majority vote in the
presence of the number of members required under the rules of
the committee for the transaction of business.
(e) Definition. For purposes of this rule, ``notice''
means:
(1) Written notification; or
(2) Notification delivered by facsimile transmission,
regular mail, or electronic mail.
3. PREPARATIONS FOR COMMITTEE MEETINGS
(a) Generally. Designated Committee Staff, as directed by
the Chair, 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 Chair
any testimony, papers, or other materials to be presented to
the Committee at the meeting of the Committee.
4. OPEN MEETINGS
(a) Generally. Pursuant to House Rule XI, but subject to
the limitations of subsections (b) and (c), Committee
meetings held for the transaction of business and Committee
hearings shall be open to the public.
(b) Meetings. 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 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:
(1) Endanger national security;
(2) Compromise sensitive law enforcement information;
(3) Tend to defame, degrade, or incriminate any person; or
(4) Otherwise violate any law or Rule of the House.
(c) Hearings. The Committee may vote to close a Committee
hearing pursuant to clause 11(d)(2) of House Rule X,
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.
(d) Briefings. Committee briefings shall be closed to the
public.
5. QUORUM
(a) Hearings. For purposes of taking testimony, or
receiving evidence, a quorum shall consist of two Committee
members, at least one of whom is a member of the Majority.
(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 4(c), a quorum shall consist of a majority of members.
6. PROCEDURES FOR AMENDMENTS AND VOTES
(a) Amendments. When a bill or resolution is being
considered by the Committee, members shall provide the Chief
Clerk in a timely manner with a sufficient number of written
copies of any amendment offered, so as to enable each member
present to receive a copy thereof prior to taking action. A
point of order may be made against any amendment not reduced
to writing. A copy of each such amendment shall be maintained
in the public records of the Committee.
(b) 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.
(c) Postponement of Further Proceedings. In accordance with
clause 2(h) of House Rule XI, the Chair is authorized to
postpone further proceedings when a record vote is ordered on
the question of approving a measure or matter or adopting an
amendment. The Chair may resume proceedings on a postponed
request at any time after reasonable notice. When proceedings
resume on a postponed question, notwithstanding any
intervening order for the previous question, an underlying
proposition shall remain subject to further debate or
amendment to the same extent as when the question was
postponed.
(d) Availability of Record Votes on Committee Website. In
addition to any other requirement of the Rules of the House,
the Chair shall make the record votes on any measure or
matter on which a record vote is taken, other than a motion
to close a Committee hearing, briefing, or meeting, available
on the Committee's website not later than 2 business days
after such vote is taken. Such record shall include an
unclassified description of the amendment, motion, order, or
other proposition, the name of each member voting in favor
of, and each member voting in opposition to, such amendment,
motion, order, or proposition, and the names of those members
of the Committee present but not voting.
7. 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.
(4) For purposes of these rules, any reference herein to
the ``Committee'' shall be interpreted to include
subcommittees, unless otherwise specifically provided.
(b) Establishment of Subcommittees. The Committee
establishes the following subcommittees:
(1) Subcommittee on Terrorism, Human Intelligence,
Analysis, and Counterintelligence;
(2) Subcommittee on Technical and Tactical Intelligence;
and,
(3) Subcommittee on Oversight and Investigations.
(c) Subcommittee Membership.
(1) Generally. Each member of the Committee may be assigned
to at least one of the subcommittees.
(2) Ex Officio Membership. In the event that the Chair 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 subcommittee; and
(B) Shall not be counted for purposes of determining a
quorum.
(d) Regular Meeting Day for Subcommittees. There is no
regular meeting day for subcommittees.
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 Chair 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
Chair may administer the oath or affirmation.
(d) Questioning of Witnesses.
(1) Generally. Questioning of witnesses before the
Committee shall be conducted by members of the Committee.
(2) Exceptions.
(A) The Chair, 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 Chair 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.
[[Page H1351]]
(B) Upon such finding, counsel may be subject to
appropriate disciplinary action.
(5) Temporary Removal of Counsel. The Chair 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 Chair 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 statement shall not exceed five
minutes in length, unless otherwise determined by the Chair.
(3) Submission to the Committee. Any witness desiring to
submit a written statement for the record of the proceeding
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 and shall be submitted in written and
electronic format.
(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 Chair,
and such ruling shall be the ruling of the Committee.
(2) Committee Action. A ruling by the Chair 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) May review the transcript only if he or she has the
appropriate security clearances 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 corrections.
(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 witnesses.
(D) Any questions arising with respect to such corrections
shall be decided by the Chair.
(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 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 of 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 Chair
may authorize the release to the public of the name of any
witness scheduled to appear before the Committee.
9. INVESTIGATIONS
(a) Commencing Investigations. The Committee shall conduct
investigations only if approved by the Chair, in consultation
with the Ranking Minority Member.
(b) Conducting Investigations. An authorized investigation
may be conducted by members of the Committee or Committee
Staff designated by the Chair, in consultation with the
Ranking Minority Member, to undertake any such investigation.
10. SUBPOENAS
(a) Generally. All subpoenas shall be authorized by the
Chair 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 Chair
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 Subpoena. A subpoena authorized by the Chair
of the full Committee, or the Committee, may be signed by the
Chair, or by any member of the Committee designated to do so
by the Committee.
(d) Subpoena Service. A subpoena authorized by the Chair of
the full Committee, or the Committee, may be served by any
person designated to do so by the Chair.
(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 and Security
Requirements.
(1) Chair's Authority. Except as provided in paragraph (2),
the Committee Staff shall be appointed, and may be removed,
by the Chair and shall work under the general supervision and
direction of the Chair.
(2) Staff Assistance to Minority Membership. Except as
provided in paragraphs (3) and (4), and except as otherwise
provided by Committee Rules, the Committee Staff provided to
the Minority Party members of the Committee shall be
appointed, and may be removed, by the Ranking Minority Member
of the Committee, and shall work under the general
supervision and direction of such member.
(3) 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 Chair that requirements for the
appropriate security clearances have been met.
(4) Security Requirements. Notwithstanding paragraph (2),
the Chair shall supervise and direct the Committee Staff with
respect to the security and nondisclosure of classified
information. Committee Staff shall comply with requirements
necessary to ensure the security and nondisclosure of
classified information as determined by the Chair in
consultation with the Ranking Minority Member.
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 of the
Committee 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, or cause to be discussed or disclosed:
(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
[[Page H1352]]
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 chair 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 chair and ranking minority member of the
Subcommittee on Defense of the House Committee on
Appropriations and staff of that subcommittee as designated
by the chair of that subcommittee, or Members of that
subcommittee designated by the Chair pursuant to clause
(g)(1) of Committee Rule 12.
(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 as 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 chair and ranking minority member of
a subcommittee of the House Appropriations Committee with
jurisdiction over an agency or program within the National
Intelligence Program (NIP), and staff of that subcommittee as
designated by the chair 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 NIP.
(D) The Chair may, in consultation with the Ranking
Minority Member, upon the written request to the Chair from
the Inspector General of an element of the Intelligence
Community, 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 Chair 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 the Committee.
(4) Records of Closed Proceedings. Any records or notes
taken by any person memorializing material otherwise
prohibited from disclosure by members of the Committee and
Committee staff under these rules, including information
received in executive session and the substance of any
hearing or briefing that was closed to the public, shall
remain Committee material subject to these rules and may not
be publicly discussed, disclosed, or caused to be publicly
discussed or disclosed, unless authorized by the Committee
consistent with these rules.
(b) Non-Disclosure Agreement.
(1) Generally. All Committee Staff must, before joining the
Committee Staff, agree in writing, as a condition of
employment, not to divulge or cause to be divulged 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 of
receiving classified information, the Committee Staff is
authorized to accept information on behalf of the Committee.
(b) Non-Disclosure of Classified Information. 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 accordance with the
Rules of the House and these rules.
(c) Exception for Non-Exclusive Materials.
(1) Non-Exclusive Materials. Any materials provided to the
Committee by the executive branch, if provided in whole or in
part for the purpose of review by members who are not members
of the Committee, shall be received or held by the Committee
on a non-exclusive basis. Classified information provided to
the Committee shall be considered to have been provided on an
exclusive basis unless the executive branch provides a
specific, written statement to the contrary.
(2) Access for Non-Committee Members. In the case of
materials received on a non-exclusive basis, the Chair, in
consultation with the Ranking Minority Member, may grant non-
Committee members access to such materials in accordance with
the requirements of Rule 14(f)(4), notwithstanding paragraphs
(1), (2), and (3) of Rule 14.
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 to Committee offices to control entry of
all persons to such offices.
(3) Identification Required. Before entering the
Committee's offices 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, may be
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 Committee's 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 clearances 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
or cause to be disclosed 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.
(e) 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
[[Page H1353]]
a non-participatory basis, must notify the Chief Clerk of the
Committee in writing. Such notification shall state with
specificity the justification for the request and the need
for access.
(2) Committee Consideration. The Committee shall consider
each such request by non-Committee members at the earliest
practicable opportunity. The Committee shall determine, by
record 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 deems
appropriate under the circumstances, including but not
limited to:
(A) Approving the request, in whole or part;
(B) Denying the request;
(C) Providing the requested information or material in a
different form than that sought by the member; or
(D) Making the requested information or material available
to all members of the House.
(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 National
Intelligence and such other officials it considers necessary.
(6) Finality of Committee Decision.
(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) Admission of Designated Members of the Subcommittee on
Defense of the Committee on Appropriations. Notwithstanding
the provisions of subsection (f), the Chair may admit no more
than three designated Members of the Subcommittee on Defense
of the Committee on Appropriations to classified hearings and
briefings of the Committee involving discussions of
classified material. Such Members may also be granted access
to classified transcripts, records, data, charts or files of
the Committee incident to such attendance.
(1) Designation. The Chair may designate three Members of
the Subcommittee to be eligible for admission in consultation
with the Ranking Minority Member, of whom not more than two
may be from the same political party. Such designation shall
be effective for the entire Congress.
(2) Admission. The Chair may determine whether to admit
designated Members at each hearing or briefing of the
Committee involving discussions of classified material. If
the Chair admits any of the designated Members to a
particular hearing or briefing, all three of the designated
Members shall be admitted to that hearing or briefing.
Designated Members shall not be counted for quorum purposes
and shall not have a vote in any meeting.
(3) Requirements for Access. Prior to being given access to
classified information pursuant to this subsection, a
designated 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 a
designated Member or authorized Staff of the Subcommittee on
Defense of the Committee on Appropriations, except as
otherwise authorized by the Committee in accordance with the
Rules of the House and these rules.
(h) Advising the House or Other Committees. Pursuant to
Section 501 of the National Security Act of 1947 (50 U.S.C.
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
questions affecting the national interest; and
(D) Whether the matter in question affects matters 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.
(i) 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.
(j) 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.
(k) Method of Disclosure to the House.
(1) Should the Committee decide by record 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.
(l) 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.
(m) 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 chair and ranking
minority member of such other committee.
(n) 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 non-Committee member.
(o) Ensuring Clearances and Secure Storage. The Director of
Security and Registry shall ensure that such other committee
or non-Committee member receiving such classified materials
may properly store classified materials in a manner
consistent with all governing rules, regulations, policies,
procedures, and statutes.
(p) 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 non-Committee member, the reasons agreed
upon by the Committee for approving such transmission, and
the name of the committee or non-Committee member receiving
such document or material.
(q) 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 non-Committee member.
(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 non-Committee member or to another committee, the
Chair 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.
[[Page H1354]]
(d) Consultation with Appropriate Government Entities.
Unless otherwise directed by the Committee, legislative
measures referred to the Committee may be referred by the
Chief Clerk to the appropriate department or agency of the
Government for reports thereon.
16. COMMITTEE WEBSITE
The Chair shall maintain an official Committee web site for
the purpose of furthering the Committee's legislative and
oversight responsibilities, including communicating
information about the Committee's activities to Committee
members and other members of the House.
17. MOTIONS TO GO TO CONFERENCE
In accordance with clause 2(a) of House Rule XI, the Chair
is authorized and directed to offer a privileged motion to go
to conference under clause 1 of House Rule XXII whenever the
Chair considers it appropriate.
18. COMMITTEE TRAVEL
(a) Authority. The Chair 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 Chair.
(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 Chair.
(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 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 review by any member or appropriately
cleared Committee Staff; and
(B) Considered executive session material for purposes of
these rules.
(e) Limitations on Travel.
(1) Generally. The Chair 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 Chair 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.
19. 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 a recess period in excess of 3 days; or
(2) Has adjourned sine die; the Chair 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 Chair
pursuant to subsection (b).
(e) Reconsideration of Chair's Actions. A majority of the
members of the full Committee may vote to overturn the
decision of the Chair to take disciplinary action pursuant to
subsection (b).
20. 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.
21. 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 Chair 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.
22. 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.
____________________
