[Congressional Record Volume 143, Number 19 (Thursday, February 13, 1997)]
[House]
[Pages H570-H573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   RULES OF PROCEDURE FOR THE COMMITTEE ON NATIONAL SECURITY, 105TH 
                                CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from South Carolina [Mr. Spence] is recognized for 5 minutes.
  Mr. SPENCE. Mr. Speaker, pursuant to the requirement of clause 2(a) 
of rule XI of the Rules of the House of Representatives, I submit 
herewith the rules of the Committee on National Security for the 105th 
Congress and ask that they be printed in the Record at this point. The 
committee rules were agreed to by a unanimous voice vote of the 
committee on February 5, 1997, a quorum being present.

      Rules of the Committee on National Security--104th Congress


                   rule 1. application of house rules

       The Rules of the House of Representatives are the rules of 
     the Committee on National

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     Security (hereafter referred to in these rules as the 
     ``Committee'') and its subcommittees so far as applicable.


                  rule 2. full committee meeting date

       (a) The Committee shall meet every Tuesday at 10:00 a.m., 
     and at such other times as may be fixed by the chairman of 
     the Committee (hereafter referred to in these rules as the 
     ``Chairman''), or by written request of members of the 
     Committee pursuant to clause 2(c) of rule XI of the Rules of 
     the House of Representatives.
       (b) A Tuesday meeting of the committee may be dispensed 
     with by the Chairman, but such action may be reversed by a 
     written request of a majority of the members of the 
     Committee.


                   rule 3. subcommittee meeting dates

       Each subcommittee is authorized to meet, hold hearings, 
     receive evidence, and report to the Committee on all matters 
     referred to it. Insofar as possible, meetings of the 
     Committee and its subcommittees shall not conflict. A 
     subcommittee chairman shall set meeting dates after 
     consultation with the Chairman and the other subcommittee 
     chairmen with a view toward avoiding simultaneous scheduling 
     of committee and subcommittee meetings or hearings wherever 
     possible.


                         rule 4. subcommittees

       The Committee shall be organized to consist of five 
     standing subcommittees with the following jurisdictions:
       Subcommittee on Military Installations and Facilities: 
     military construction; real estate acquisitions and 
     disposals; housing and support; base closure; and related 
     legislative oversight.
       Subcommittee on Military Personnel: military forces and 
     authorized strengths; integration of active and reserve 
     components; military personnel policy; compensation and other 
     benefits; and related legislative oversight.
       Subcommittee on Military Procurement: the annual 
     authorization for procurement of military weapon systems and 
     components thereof, including full scale development and 
     systems transition; military application of nuclear energy; 
     and related legislative oversight.
       Subcommittee on Military Readiness: the annual 
     authorization for operation and maintenance; the readiness 
     and preparedness requirements of the defense establishment; 
     and related legislative oversight.
       Subcommittee on Military Research and Development: the 
     annual authorization for military research and development 
     and related legislative oversight.


                        rule 5. committee panels

       (a) The Chairman may designate a panel of the Committee 
     drawn from members of the committee to inquire into and take 
     testimony on a matter or matters that fall within the 
     jurisdiction of more than one subcommittee and to report to 
     the Committee.
       (b) No panel so appointed shall continue in existence for 
     more than six months. A panel so appointed may, upon the 
     expiration of six months, be reappointed by the Chairman.
       (c) No panel so appointed shall have legislative 
     jurisdiction.


       rule 6. reference of legislation and subcommittee reports

       (a) The Chairman shall refer legislation and other matters 
     to the appropriate subcommittee or to the full Committee.
       (b) Legislation shall to taken up for hearing only when 
     called by the Chairman of the Committee or subcommittee, as 
     appropriate, or by a majority of those present and voting.
       (c) The Chairman, with approval of a majority vote of a 
     quorum of the Committee, shall have authority to discharge a 
     subcommittee from consideration of any measure or matter 
     referred thereto and have such measure or matter considered 
     by the Committee.
       (d) Reports and recommendations of a subcommittee may not 
     be considered by the Committee until after the intervention 
     of 3 calendar days from the time the report is approved by 
     the subcommittee and available to the members of the 
     Committee, except that this rule may be waived by a majority 
     vote of a quorum of the Committee.


          rule 7. public announcement of hearings and meetings

       Pursuant to clause 2(g)(3) of rule XI of the Rules of the 
     House of Representatives, the Chairman of the Committee or of 
     any subcommittee or panel shall make public announcement of 
     the date, place, and subject matter of any committee or 
     subcommittee hearing at least one week before the 
     commencement of the hearing. However, if the Chairman of the 
     Committee or of any subcommittee or panel, with the 
     concurrence of the ranking minority member of the Committee 
     or of any subcommittee or panel, determines that there is 
     good cause to begin the hearing sooner, or if the Committee 
     subcommittee or panel so determines by majority vote, a 
     quorum being present for the transaction of business, such 
     chairman shall make the announcement at the earliest possible 
     date. Any announcement made under this rule shall be promptly 
     published in the Daily Digest and promptly entered into the 
     committee scheduling service of the House Information 
     Resources.


        rule 8. broadcasting of committee hearings and meetings

       Clause 3(f) of rule XI of the Rules of the House of 
     Representatives shall apply to the Committee.


            rule 9. meetings and hearings open to the public

       (a) Each hearing and meeting for the transaction of 
     business, including the markup of legislation, conducted by 
     the Committee or a subcommittee shall be open to the public 
     except when the Committee or subcommittee, in open session 
     and with a majority being present, determines by rollcall 
     vote that all or part of the remainder of that hearing or 
     meeting on that day shall be closed to the public because 
     disclosure of testimony, evidence, or other matters to be 
     considered would endanger the national security, would 
     compromise sensitive law enforcement information, or would 
     violate any law or rule of the House of Representatives. 
     Notwithstanding the requirements of the preceding sentence, a 
     majority of those present, there being in attendance no less 
     than two members of the committee or subcommittee, may vote 
     to close a hearing or meeting for the sole purpose of 
     discussing whether testimony or evidence to be received would 
     endanger the national security, would compromise sensitive 
     law enforcement information, or would violate any law or rule 
     of the House of Representatives. If the decision is to close, 
     the vote must be by rollcall vote and in open session, there 
     being a majority of the Committee or subcommittee present.
       (b) Whenever it is asserted that the evidence or testimony 
     at a hearing or meeting may tend to defame, degrade, or 
     incriminate any person, and notwithstanding the requirements 
     of (a) and the provisions of clause 2(g)(2) of rule XI of the 
     Rules of the House of Representatives, such evidence or 
     testimony shall be presented in closed session, if by a 
     majority vote of those present, there being in attendance no 
     less than two members of the Committee or subcommittee, the 
     Committee or subcommittee determines that such evidence may 
     tend to defame, degrade or incriminate any person. A majority 
     of those present, there being in attendance no less than two 
     members of the Committee or subcommittee, may also vote to 
     close the hearing or meeting for the sole purpose discussing 
     whether evidence or testimony to be received would tend to 
     defame, degrade or incriminate any person. The Committee or 
     subcommittee shall proceed to receive such testimony in open 
     session only if the Committee or subcommittee, a majority 
     being present, determines that such evidence or testimony 
     will not tend to defame, degrade or incriminate any person.
       (c) Notwithstanding the foregoing, and with the approval of 
     the Chairman, each member of the Committee may designate by 
     letter to the Chairman, a member of that member's personal 
     staff with Top Secret security clearance to attend hearings 
     of the Committee, or that member's subcommittee(s) which 
     have been closed under the provisions of rule 9(a) above 
     for national security purposes for the taking of 
     testimony: Provided, That such staff member's attendance 
     at such hearings is subject to the approval of the 
     Committee or subcommittee as dictated by national security 
     requirements at the time: Provided further, That this 
     paragraph addresses hearings only and not briefings or 
     meetings held under the provisions of paragraph (a) of 
     this rule; and Provided further, That the attainment of 
     any security clearances involved is the responsibility of 
     individual members.
       (d) Pursuant to clause 2(g)(2) of rule XI of the Rules of 
     the House of Representatives, no member may be excluded from 
     nonparticipatory attendance at any hearing of the Committee 
     or a subcommittee, unless the House of Representatives shall 
     by majority vote authorize the Committee or subcommittee, for 
     purposes of a particular series of hearings on a particular 
     article of legislation or on a particular subject of 
     investigation, to close its hearings to members by the same 
     procedures designated in this rule for closing hearings to 
     the public: Provided, however, That the Committee or the 
     subcommittee may by the same procedure vote to close up to 5 
     additional consecutive days of hearings.


                            rule 10. quorum

       (a) For purposes of taking testimony and receiving 
     evidence, two Members shall constitute a quorum.
       (b) One-third of the Members of the Committee or 
     subcommittee shall constitute a quorum for taking any action, 
     with the following exceptions, in which case a majority of 
     the Committee or subcommittee shall constitute a quorum:
       (1) Reporting a measure or recommendation;
       (2) Closing committee or subcommittee meetings and hearings 
     to the public; and
       (3) Authorizing the issuance of subpoenas.
       (c) No measure or recommendation shall be reported to the 
     House of Representatives unless a majority of the Committee 
     is actually present.


                     rule 11. the five-minute rule

       (a) The time any one member may address the Committee or 
     subcommittee on any measure or matter under consideration 
     shall not exceed 5 minutes and then only when the member has 
     been recognized by the Chairman or subcommittee chairman, as 
     appropriate, except that this time limit may be exceeded by 
     unanimous consent. Any member, upon request, shall be 
     recognized for not to exceed 5 minutes to address the 
     Committee or subcommittee on behalf of an amendment which the 
     member has offered to any pending bill or resolution. The 5 
     minute limitation shall not apply to the Chairman and

[[Page H572]]

     ranking minority member of the committee or subcommittee.
       (b) Members present at a hearing of the Committee or 
     subcommittee when a hearing is originally convened will be 
     recognized by the Chairman or subcommittee chairman, as 
     appropriate, in order of seniority. Those members arriving 
     subsequently will be recognized in order of their arrival. 
     Notwithstanding the foregoing, the Chairman and the ranking 
     minority member will take precedence upon their arrival. In 
     recognizing members to question witnesses in this fashion, 
     the Chairman shall take into consideration the ratio of the 
     majority to minority members present and shall establish the 
     order of recognition for questioning in such a manner as not 
     to disadvantage the members of the majority.
       (c) No person other than Members of Congress and committee 
     staff may be seated in or behind the dais area during 
     committee, subcommittee, or panel hearings or meetings.


                      rule 12. subpoena authority

       (a) For the purpose of carrying out any of its functions 
     and duties under rules X and XI of the Rules of the House of 
     Representatives, the Committee and any subcommittee is 
     authorized (subject to subparagraph (b)(1) of this 
     paragraph):
       (1) to sit and at such times and places within the United 
     States, whether the House is in session, has recessed, or has 
     adjourned, and to hold hearings, and
       (2) to require by subpoena, or otherwise, the attendance 
     and testimony of such witnesses and the production of such 
     books, records, correspondence, memorandums, papers and 
     documents as it deems necessary. The Chairman of the 
     Committee, or any member designated by the Chairman, may 
     administer oaths to any witness.
       (b)(1) A subpoena may be authorized and issued by the 
     Committee, or any subcommittee with the concurrence of the 
     full Committee Chairman, under subparagraph (a)(2) in the 
     conduct of any investigation, or series of investigations or 
     activities, only when authorized by a majority of the members 
     voting, a majority of the Committee or subcommittee being 
     present. Authorized subpoenas shall be signed only by the 
     Chairman, or by any member designated by the Chairman.
       (2) Pursuant to clause 2(m) of rule XI of the Rules of the 
     House of Representatives, compliance with any subpoena issued 
     by the Committee or any subcommittee under subparagraph 
     (a)(2) may be enforced only as authorized or directed by the 
     House.
       (c) No witness served with a subpoena by the Committee 
     shall be required against his or her will to be photographed 
     at any hearing or to give evidence or testimony while the 
     broadcasting of that hearing, by radio or television, is 
     being conducted. At the request of any such witness who does 
     not wish to be subjected to radio, television, or still 
     photography coverage, all lenses shall be covered and all 
     microphones used for coverage turned off. This subparagraph 
     is supplementary to clause 2(k)(5) of rule XI of the Rules of 
     the House of Representatives, relating to the protection of 
     the rights of witnesses.


                      rule 13. witness statements

       (a) Any prepared statement to be presented by a witness to 
     the Committee or a subcommittee shall be submitted to the 
     Committee or subcommittee at least 48 hours in advance of 
     presentation and shall be distributed to all members of the 
     Committee or subcommittee at least 24 hours in advance of 
     presentation. A copy of any such prepared statement shall 
     also be submitted to the committee in electronic form 
     contemporaneously with submission of the prepared written 
     statement. If a prepared statement contains security 
     information bearing a classification of secret or higher, the 
     statement shall be made available in the Committee rooms to 
     all members of the Committee or subcommittee at least 24 
     hours in advance of presentation; however, no such statement 
     shall be removed from the Committee officers. The requirement 
     of this rule may be waived by a majority vote of a quorum of 
     the Committee or subcommittee, as appropriate.
       (b) The Committee and each subcommittee shall require each 
     witness who is to appear before it to file with the Committee 
     in advance of his or her appearance a written statement of 
     the proposed testimony and to limit the oral presentation at 
     such appearance to a brief summary of his or her argument.


               rule 14. administering oaths to witnesses

       (a) The Chairman, or any member designated by the Chairman, 
     may administer oaths to any witness.
       (b) Witnesses, when sworn, shall subscribe to the following 
     oath:
       Do you solemnly swear (or affirm) that the testimony you 
     will give before this Committee (or subcommittee) in the 
     matters now under consideration will be the truth, the whole 
     truth, and nothing but the truth, so help you God?


                   rule 15. questioning of witnesses

       (a) When a witness is before the Committee or a 
     subcommittee, members of the Committee or subcommittee may 
     put questions to the witness only when they have been 
     recognized by the Chairman or subcommittee chairman, as 
     appropriate, for that purpose.
       (b) Members of the Committee or subcommittee who so desire 
     shall have not to exceed 5 minutes to interrogate each 
     witness until such time as each member has had an opportunity 
     to interrogate such witness; thereafter, additional rounds 
     for questioning witnesses by members are discretionary with 
     the Chairman or subcommittee chairman, as appropriate.
       (c) Questions put to witnesses before the Committee or 
     subcommittee shall be pertinent to the measure or matter that 
     may be before the Committee or subcommittee for 
     consideration.


         rule 16. publication of committee hearings and markups

       The transcripts of those hearings and mark-ups conducted by 
     the Committee or a subcommittee which are decided by the 
     Chairman to be officially published will be published in 
     verbatim form, with the material requested for the record 
     inserted at that place requested, or at the end of the 
     record, as appropriate. Any requests to correct any errors, 
     other than those in transcription, or disputed errors in 
     transcription, will be appended to the record, and the 
     appropriate place where the change is requested will be 
     footnoted.


                     rule 17. voting and rollcalls

       (a) Voting on a measure or matter may be by rollcall vote, 
     division vote, voice vote, or unanimous consent.
       (b) A rollcall of the members may be had upon the request 
     of one-fifth of those present.
       (c) No vote by any member of the Committee or a 
     subcommittee with respect to any measure or matter may be 
     cast by proxy.
       (d) In the event of a vote or votes, when a member is in 
     attendance at any other Committee, subcommittee, or 
     conference committee meeting during that time, the necessary 
     absence of that member shall be so recorded in the rollcall 
     record, upon timely notification to the Chairman by that 
     member.


                       rule 18. committee reports

       (a) If, at the time of approval of any measure or matter by 
     the Committee, any member of the Committee gives timely 
     notice of intention to file supplemental, minority, 
     additional or dissenting views, that member shall be entitled 
     to not less than 2 calendar days (excluding Saturdays, 
     Sundays, and legal holidays) in which to file such views, in 
     writing and signed by that member, with the staff director of 
     the Committee. All such views so filed by one or more members 
     of the Committee shall be included within, and shall be a 
     part of, the report filed by the Committee with respect to 
     that measure or matter.
       (b) With respect to each rollcall vote on a motion to 
     report any measure or matter, and on any amendment offered to 
     the measure or matter, the total number of votes cast for and 
     against, the names of those voting for and against, and a 
     brief description of the question, shall be included in the 
     committee report on the measure or matter.


                        rule 19. points of order

       No point of order shall lie with respect to any measure 
     reported by the Committee or any subcommittee on the ground 
     that hearings on such measure were not conducted in 
     accordance with the provisions of the rules of the Committee; 
     except that a point of order on that ground may be made by 
     any member of the Committee or subcommittee which reported 
     the measure if, in the Committee or subcommittee, such point 
     of order was (a) timely made and (b) improperly overruled or 
     not properly considered.


           rule 20. public inspection of committee rollcalls

       The result of each rollcall in any meeting of the Committee 
     shall be made available by the Committee for inspection by 
     the public at reasonable times in the offices of the 
     Committee. Information so available for public inspection 
     shall include a description of the amendment, motion, order, 
     or other proposition and the name of each member voting for 
     and each member voting against such amendment, motion, order, 
     or proposition and the names of those members present but not 
     voting.


          rule 21. protection of national security information

       (a) Except as provided in clause 2(g) of Rule XI of the 
     Rules of the House of Representatives, all national security 
     information bearing a classification of secret or higher 
     which has been received by the Committee or a subcommittee 
     shall be deemed to have been received in executive session 
     and shall be given appropriate safekeeping.
       (b) The Chairman of the Committee shall, with the approval 
     of a majority of the Committee, establish such procedures as 
     in his judgment may be necessary to prevent the unauthorized 
     disclosure of any national security information received 
     classified as secret or higher. Such procedures shall, 
     however, ensure access to this information by any member of 
     the Committee or any other Member of the House of 
     Representatives who has requested the opportunity to review 
     such material.


                      rule 22. committee staffing

       The staffing of the Committee and the standing subcommittee 
     shall be subject to the rules of the House of 
     Representatives.


                       rule 23. committee records

       The records of the Committee at the National Archives and 
     Records Administration shall be made available for public use 
     in accordance with rule XXXVI of the Rules of the House of 
     Representatives. The Chairman shall notify the ranking 
     minority member of any decision, pursuant to clause 3(b)(3) 
     or clause 4(b) of rule XXXVI, to withhold a record otherwise 
     available, and the matter shall be presented to the Committee 
     for a determination on the written request of any member of 
     the Committee.

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               rule 24. investigative hearing procedures

       Clause 2(k) of rule XI of the Rules of the House of 
     Representatives shall apply to the Committee.

                          ____________________