[House Hearing, 110 Congress]
[From the U.S. Government Publishing Office]
RULES OF PROCEDURE
for the
PERMANENT SELECT COMMITTEE
ON
INTELLIGENCE
UNITED STATES HOUSE OF REPRESENTATIVES
110TH CONGRESS
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
--------
U.S. GOVERNMENT PRINTING OFFICE
34-977 WASHINGTON : 2007
PERMANENT SELECT COMMITTEE ON INTELLIGENCE
SILVESTRE REYES, Texas, Chairman
ALCEE L. HASTINGS, Florida PETER HOEKSTRA, Michigan
LEONARD L. BOSWELL, Iowa TERRY EVERETT, Alabama
ROBERT E. (BUD) CRAMER, Alabama ELTON GALLEGLY, California
ANNA G. ESHOO, California HEATHER WILSON, New Mexico
RUSH D. HOLT, New Jersey MAC THORNBERRY, Texas
C.A. DUTCH RUPPERSBERGER, Maryland JOHN M. McHUGH, New York
JOHN F. TIERNEY, Massachusetts TODD TIAHRT, Kansas
MIKE THOMPSON, California MIKE ROGERS, Michigan
JANICE D. SCHAKOWSKY, Illinois DARRELL E. ISSA, California
JAMES R. LANGEVIN, Rhode Island
PATRICK J. MURPHY, Pennsylvania
Nancy Pelosi, California, Speaker, Ex Officio Member
John A. Boehner, Ohio, Minority Leader, Ex Officio Member
Michael Delaney, Staff Director
RULES OF PROCEDURE FOR THE PERMANENT SELECT COMMITTEE ON INTELLIGENCE
UNITED STATES HOUSE OF REPRESENTATIVES
110TH CONGRESS
(House of Representatives--January 18, 2007)
Rules of Procedure for the Permanent Select Committee on Intelligence
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 Wednesday of each month, unless
otherwise directed by the Chairman.
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 and place of the meeting.
(b) Definition.--For purposes of this rule, ``reasonable
notice'' means:
(1) Written notification;
(2) Delivered by facsimile transmission, regular
mail, or electronic mail that 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, D.C.; 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,
D.C.
(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.
3. 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 the meeting of the
Committee.
4. open meetings
(a) Generally.--Pursuant to Rule XI of the House, 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 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.
(d) Briefings.--The 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 Recorded 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 Chairman 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 Chairman 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.
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;
(3) Subcommittee on Oversight and Investigations;
and,
(4) Subcommittee on Intelligence Community
Management.
(c) 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
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 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) Questioning of Witnesses.--
(1) Generally.--Questioning 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 statement 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 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
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) 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
Chairman.
(4) Copy for the Witness.--At the request of the
witness, any portion of the witness's 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's 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) Committees 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's 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.--The Committee shall conduct
investigations only if approved by the Chairman, in
consultation with the Ranking Minority Member.
(b) Conducting Investigation.--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 Subpoena.--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 and Security
Requirements.--
(1) Chairman's Authority.--Except as provided in
paragraph (2), the Committee Staff shall be appointed,
and may be removed, by the Chairman and shall work
under the general supervision and direction of the
Chairman.
(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 Chairman that
requirements for the appropriate security
clearances have been met.
(4) Security Requirements.--Notwithstanding paragraph
(2), the Chairman 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 Chairman 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 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 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;
(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; and
(iv) Members and staff of the
Intelligence Oversight Panel of the
House Appropriations Committee
designated by the chairman of that
panel.
(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
Intelligence Program (NIP), 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 NIP.
(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
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 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 the 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 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 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 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 Member.--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 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:
(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) 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.
(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 non-Committee Member.
(n) 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.
(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 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.
(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
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 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 may be referred by the Chief
Clerk to the appropriate department or agency of the Government
for reports thereon.
16. COMMITTEE WEB SITE
The Chairman 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
Chairman is authorized and directed to offer a privileged
motion to go to conference under clause 1 of House Rule XXII
whenever the Chairman considers it appropriate.
18. 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 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 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.
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 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).
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 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.
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.