[Congressional Record Volume 143, Number 35 (Tuesday, March 18, 1997)]
[House]
[Pages H1072-H1074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




RULES OF PROCEDURE FOR THE PERMANENT SELECT COMMITTEE ON INTELLIGENCE, 
                             105TH CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Florida [Mr. Goss] is recognized for 5 minutes.
  Mr. GOSS. 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.

 Rules of Procedure for the Permanent Select Committee on Intelligence


           u.s. house of representatives--revised march 1997

                        1. convening of meetings

       The regular meeting day of the Permanent Select Committee 
     on Intelligence for the transaction of committee business 
     shall be on the first Wednesday of each month, unless 
     otherwise directed by the chairman.
       In the case of any meeting of the committee, other than a 
     regularly scheduled meeting, the clerk of the committee shall 
     notify every member of the committee of the time and place of 
     the meeting and shall give reasonable notice which, except in 
     extraordinary circumstances, shall be at least 24 hours in 
     advance of any meeting held in Washington, D.C., and at least 
     48 hours in the case of any meeting held outside Washington, 
     D.C.


                 2. preparations for committee meetings

       Under direction of the chairman, designated committee staff 
     members shall brief members of the committee at a time 
     sufficiently prior to any committee or subcommittee meeting 
     to assist the committee members in preparation for such 
     meeting and to determine any matter which the committee 
     members might wish considered during the meeting. Such 
     briefing shall, at the request of a member, include a list of 
     all pertinent papers and other materials that have been 
     obtained by the committee that bear on matters to be 
     considered at the meeting.
       The staff director shall recommend to the chairman the 
     testimony, papers, and other materials to be presented to the 
     committee or subcommittee at any meeting. The determination 
     whether such testimony, papers, and other materials shall be 
     presented in open or executive session shall be made pursuant 
     to the Rules of the House and these rules.


                         3. meeting procedures

       Meetings of the committee and its subcommittees shall be 
     open to the public except that a portion or portions of any 
     such meeting may be closed to the public if the committee or 
     subcommittee, as the case may be, determines by record vote 
     in open session and with a majority present that the matters 
     to be discussed or the testimony to be taken on such matters 
     would endanger national security, would compromise sensitive 
     law enforcement information, or would tend to defame, degrade 
     or incriminate any person, or otherwise would violate any law 
     or rule of the House.
       Except for purposes of taking testimony or receiving 
     evidence, for which purposes a quorum shall consist of two 
     committee members, a quorum for the transaction of any other 
     committee business shall consist of nine committee members. 
     Decisions of the committee shall be by majority vote of the 
     members present and voting.
       Whenever the committee by rollcall vote reports any measure 
     or matter, 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.


            4. procedures related to the taking of testimony

       Notice.--Reasonable notice shall be given to all witnesses 
     appearing before the committee.
       Oath or Affirmation.--Testimony of witnesses shall be given 
     under oath or affirmation which may be administered by any 
     member of the committee, except that the chairman of the 
     committee or of any subcommittee shall not require an oath or 
     affirmation where the chairman determines that it would not 
     be appropriate under the circumstances.
       Interrogation.--Committee or subcommittee interrogation 
     shall be conducted by members of the committee and such 
     committee staff as are authorized by the chairman or the 
     presiding member.
       Counsel for the Witness.--(A) Any witness may be 
     accompanied by counsel. A witness who is unable to obtain 
     counsel may inform the committee of such fact. If the witness 
     informs the committee of this fact 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 such counsel will not excuse the 
     witness from appearing and testifying.
       (B) Counsel shall conduct themselves in an ethical and 
     professional manner. Failure to do so shall, upon a finding 
     to that effect by a majority of the members of the committee, 
     a majority being present, subject such counsel to 
     disciplinary action which may include censure, removal, or a 
     recommendation of contempt proceedings, except that the 
     chairman of the committee or of a subcommittee may 
     temporarily remove counsel during proceedings before the 
     committee or subcommittee unless a majority of the members of 
     the committee or subcommittee, a majority being present, vote 
     to reverse the ruling of the chair.
       (C) There shall be no direct cross-examination by counsel. 
     However, counsel may submit in writing any question counsel 
     wishes propounded to a client or to any other witness and 
     may, at the conclusion of such testimony, suggest the 
     presentation of other evidence or the calling of other 
     witnesses. The committee or subcommittee may use such 
     questions and dispose of such suggestions as it deems 
     appropriate.
       Statements by Witnesses.--A witness may make a statement, 
     which shall be brief and relevant, at the beginning and 
     conclusion of the witness' testimony. Such statements shall 
     not exceed a reasonable period of time as determined by the 
     chairman, or other presiding member. Any witness desiring to 
     make a prepared or written statement for the record of the 
     proceedings shall file a copy with the clerk of the 
     committee, and insofar as practicable and consistent with the 
     notice given, shall do so at least 72 hours in advance of the 
     witness' appearance before the committee.
       Objections and Ruling.--Any objection raised by a witness 
     or counsel shall be ruled upon by the chairman or other 
     presiding member, and such ruling shall be the ruling of the 
     committee unless a majority of the committee present 
     overrules the ruling of the chair.
       Transcripts.--A transcript shall be made of the testimony 
     of each witness appearing before the committee or any 
     subcommittee during a committee or subcommittee hearing.
       Inspection and Correction.--All witnesses testifying before 
     the committee or any subcommittee shall be given a reasonable 
     opportunity to inspect the transcript of their testimony to 
     determine whether such testimony was correctly transcribed. 
     The witness may be accompanied by counsel. Any corrections 
     the witness desires to make in the transcript shall be 
     submitted in writing to the committee within 5 days from the 
     date when the transcript was made available to the witness. 
     Corrections shall be limited to grammar and minor editing, 
     and may not be made to change the substance of the testimony. 
     Any questions arising with respect to such corrections shall 
     be decided by the chairman. Upon request, those parts of 
     testimony given by a witness in executive session which are 
     subsequently quoted or made part of a public record shall be 
     made available to that witness at the witness' expense.
       Requests to Testify.--The committee or subcommittee will 
     consider requests to testify on any matter or measure pending 
     before the committee or subcommittee. A person who believes 
     that testimony or other evidence presented at a public 
     hearing, or any comment made by a committee member

[[Page H1073]]

     or a member of the committee staff may tend to affect 
     adversely that person's reputation, may request to appear 
     personally before the committee to testify on his or her own 
     behalf, or may file a sworn statement of facts relevant to 
     the testimony, evidence, or comment, or may submit to the 
     chairman proposed questions in writing for the cross-
     examination of other witnesses. The committee shall take such 
     actions as it deems appropriate.
       Contempt Procedures.--No recommendation that a person be 
     cited for contempt of Congress shall be forwarded to the 
     House unless and until the committee has, upon notice to all 
     its members, met and considered the alleged contempt, 
     afforded the person an opportunity to state in writing or in 
     person why he or she should not be held in contempt, and 
     agreed, by majority vote of the committee to forward such 
     recommendation to the House.
       Release of Name of Witness.--At the request of any witness, 
     the name of that witness scheduled to be heard by the 
     committee shall not be released prior to, or after, the 
     witness' appearance before the committee, unless otherwise 
     authorized by the chairman.
       Closing Hearings.--A vote to close a committee or 
     subcommittee hearing may not be taken by less than a majority 
     of the committee or the subcommittee pursuant to clause 4 of 
     House Rule XLVIII unless at least one member of the minority 
     is present to vote upon a motion to close the hearing.


                            5. subcommittees

       Creation of subcommittees shall be by majority vote of the 
     committee. Subcommittees shall deal with such legislation and 
     oversight of programs as the committee may direct. The 
     subcommittees shall be governed by the rules of the 
     committee.
       Except for purposes of taking testimony or receiving 
     evidence, for which purposes a quorum shall consist of two 
     subcommittee members, a quorum for the transaction of any 
     other subcommittee business shall consist of a majority of 
     the subcommittee.
       There are hereby established the following subcommittees: 
     (1) Human Intelligence, Analysis and Counterintelligence; and 
     (2) Technical and Tactical Intelligence.
       The Chairman and Ranking Minority Member of the full 
     committee are authorized to sit as ex officio members of each 
     subcommittee and to participate in the work of the 
     subcommittee, except, when sitting as ex officio members, 
     they shall not have a vote in the subcommittee [nor be 
     counted for purposes of determining a quorum].


                           6. investigations

       No investigation shall be conducted by the committee unless 
     approved by the full committee, a majority being present; 
     provided, however, that an investigation may be initiated--
       (1) at the direction of the chairman of the full committee, 
     with notice to the ranking minority member of the full 
     committee; or
       (2) at the written request to the chairman of the full 
     committee of at least five members of the committee, except 
     that any investigation initiated under (1) or (2) must be 
     brought to the attention of the full committee for approval 
     at the next regular meeting of the full committee following 
     initiation of the investigation. Authorized investigations 
     may be conducted by members of the committee and/or 
     designated committee staff members.


                              7. subpoenas

       Unless otherwise determined by the committee, the chairman, 
     upon consultation with the ranking minority member, or the 
     committee, shall authorize and issue subpoenas. Subpoenas for 
     the attendance of witnesses or the production of memoranda, 
     documents, records or any other material may be issued by the 
     chairman, or any member of the committee designated by the 
     chairman, and may be served by any person designated by the 
     chairman or member issuing the subpoenas. Each subpoena shall 
     have attached thereto a copy of these rules.


                                8. staff

       For the purpose of these rules, committee staff means 
     employees of the committee, consultants to the committee, 
     employees of other Government agencies detailed to the 
     committee, or any other person engaged by contract or 
     otherwise to perform services for or at the request of the 
     committee. In addition, the Speaker and minority leader each 
     may designate a member of their leadership staff to assist 
     them in their capacity as ex officio members, with the same 
     access to committee meetings, hearings, briefings, and 
     materials as if employees of the select committee, and 
     subject to the same security clearance and confidentiality 
     requirements as employees of the select committee under this 
     rule.
       The appointment of committee staff shall be by the chairman 
     in consultation with the ranking minority member. After 
     confirmation, the chairman shall certify committee staff 
     appointments to the Clerk of the House in writing.
       The committee staff works for the committee as a whole, 
     under the supervision of the chairman of the committee. 
     Except as otherwise provided by the committee, the duties of 
     committee staff shall be performed and committee staff 
     personnel affairs and day-to-day operations, including 
     security and control of classified documents and material, 
     shall be administered under the direct supervision and 
     control of the staff director.
       The committee staff shall assist the minority as fully as 
     the majority in all matters of committee business and in the 
     preparation and filing of additional, separate and minority 
     views, to the end that all points of view may be fully 
     considered by the committee and the House.
       The members of the committee staff shall not discuss either 
     the classified substance or procedure of the work of the 
     committee with any person not a member of the committee or 
     the committee staff for any purpose or in connection with any 
     proceeding, judicial or otherwise, either during that 
     person's tenure as a member of the committee staff or at any 
     time thereafter except as directed by the committee in 
     accordance with clause 7 of House Rule XLVIII and the 
     provisions of these rules, or, in the event of the 
     termination of the committee, in such a manner as may be 
     determined by the House.
       No member of the committee staff shall be employed by the 
     committee unless and until such a member of the committee 
     staff agrees in writing, as a condition of employment, not to 
     divulge any classified information which comes into such 
     person's possession while a member of the committee staff or 
     any classified information which comes into such person's 
     possession by virtue of his or her position as a member of 
     the committee staff to any person not a member of the 
     committee or the committee staff, either while a member of 
     the committee staff or at any time thereafter except as 
     directed by the committee in accordance with clause 7 of 
     House Rule XLVIII and the provisions of these rules, or in 
     the event of the termination of the committee, in such manner 
     as may be determined by the House.
       No member of the committee staff shall be employed by the 
     committee unless and until such a member of the committee 
     staff agrees in writing, as a condition of employment, to 
     notify the committee, or, in the event of the committee's 
     termination, the House, of any request for testimony, either 
     while a member of the committee staff or at any time 
     thereafter with respect to classified information which came 
     into the staff member's possession by virtue of his or her 
     position as a member of the committee staff. Such classified 
     information shall not be disclosed in response to such 
     requests except as directed by the committee in accordance 
     with clause 7 of House Rule XLVIII and the provisions of 
     these rules, or in the event of the termination of the 
     committee, in such manner as may be determined by the House.
       The committee shall immediately consider disciplinary 
     action to be taken in case any member of the committee staff 
     fails to conform to any of these rules. Such disciplinary 
     action may include, but shall not be limited to, immediate 
     dismissal from the committee staff.


                   9. receipt of classified material

       In the case of any information classified under established 
     security procedures and submitted to the committee by the 
     executive or legislative branch, the committee's acceptance 
     of such information shall constitute a decision by the 
     committee that it is executive session material and shall not 
     be disclosed publicly or released unless the committee, by 
     rollcall vote, determines, in a manner consistent with clause 
     7 of House Rule XLVIII, that it should be disclosed publicly 
     or otherwise released. For purposes of receiving information 
     from either the executive or legislative branch, the 
     committee staff may accept information on behalf of the 
     committee.


       10. procedures related to classified or sensitive material

       (a) Committee staff offices shall operate under strict 
     security precautions. At least one security officer shall be 
     on duty at all times by the entrance to control entry. Before 
     entering the office all persons shall identify themselves.
       Sensitive or classified documents and material shall be 
     segregated in a security storage area. They may be examined 
     only at secure reading facilities. Copying, duplicating, or 
     removal from the committee offices of such documents and 
     other materials are prohibited except as is necessary for use 
     in, or preparation for, interviews or committee meetings, 
     including the taking of testimony in conformity with these 
     rules.
       Each member of the committee shall at all times have access 
     to all papers and other material received from any source. 
     The staff director shall be responsible for the maintenance, 
     under appropriate security procedures, of a registry which 
     will number and identify all classified papers and other 
     classified materials in the possession of the committee and 
     such registry shall be available to any member of the 
     committee.
       (b) Pursuant to clause (7)(c)(2) of House Rule XLVIII and 
     to clause (2)(e)(2) and clause 2(g)(2) of House Rule XI, 
     members who are not members of the committee shall be granted 
     access to such transcripts, records, data, charts and files 
     of the committee and be admitted on a nonparticipatory basis 
     to hearings or briefings of the committee which involve 
     classified material, on the basis of the following 
     provisions:
       (1) Members who desire to examine materials in the 
     possession of the committee or to attend committee hearings 
     or briefings on a nonparticipatory basis should notify the 
     clerk of the committee in writing.
       (2) Each such request by a member must be considered by the 
     committee, a quorum being present, at the earliest 
     practicable opportunity. The committee must determine by 
     record vote whatever action it deems necessary in light of 
     all the circumstances of

[[Page H1074]]

     each individual request. The committee shall take into 
     account, in its deliberations, such considerations, as the 
     sensitivity of the information sought to the national defense 
     or the confidential conduct of the foreign relations of the 
     United States, the likelihood of its being directly or 
     indirectly disclosed, the jurisdictional interest of the 
     member making the request and such other concerns--
     constitutional or otherwise--as affect the public interest of 
     the United States. Such actions as the committee may take 
     include, but are not limited to: (i) approving the request, 
     in whole or part; (ii) denying the request; (iii) providing 
     in different form than requested information or material 
     which is the subject of the request.
       (3) In matters touching on such requests, the committee 
     may, in its discretion, consult the Director of Central 
     Intelligence and such other officials as it may deem 
     necessary.
       (4) In the event that the member making the request in 
     question does not accede to the determination or any part 
     thereof of the committee as regards the request, that member 
     should notify the committee in writing of the grounds for 
     such disagreement. The committee shall subsequently consider 
     the matter and decide, by record vote, what further action or 
     recommendation, if any, it will take.
       (c) Pursuant to Section 501 of the National Security Act of 
     1947 (50 U.S.C. 413) and to clauses 3(a) and 7(c)(2) of House 
     Rule XLVIII, the committee shall call to the attention of the 
     House or to any other appropriate committee or committees of 
     the House any matters requiring the attention of the House or 
     such other committee or committees of the House on the basis 
     of the following provisions:
       (1) At the request of any member of the committee, the 
     committee shall meet at the earliest practicable opportunity 
     to consider a suggestion that the committee call to the 
     attention of the House or any other committee or committees 
     of the House executive session material.
       (2) In determining whether any matter requires the 
     attention of the House or any other committee or committees 
     of the House, the committee shall consider, among such other 
     matters it deems appropriate--
       (A) the effect of the matter in question upon the national 
     defense or the foreign relations of the United States; (B) 
     whether the matter in question involves sensitive 
     intelligence sources and methods; (C) whether the matter in 
     question otherwise raises serious questions about the 
     national interest; and (D) whether the matter in question 
     affects matters within the jurisdiction of another committee 
     or committees of the House.
       (3) In examining the considerations described in paragraph 
     (2), 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 to 
     submissions from such other committees. Further, the 
     committee may seek the advice in its deliberations of any 
     executive branch official.
       (4) If the committee, with a quorum present, by record vote 
     decides that a matter requires the attention of the House or 
     a committee or committees of the House which the committee 
     deems appropriate, it shall make arrangements to notify the 
     House or committee or committees promptly.
       (5) In bringing a matter to the attention of another 
     committee or committees of the House, 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.
       (6) The method of communicating matters to other committees 
     of the House shall insure that information or material 
     designated by the committee is promptly made available to the 
     chairman and ranking minority member of such other 
     committees.
       (7) The committee may bring a matter to the attention of 
     the House when it considers the matter in question so grave 
     that it requires the attention of all members of the House, 
     if time is of the essence, or for any other reason which the 
     committee finds compelling. In such case, the committee shall 
     consider whether to request an immediate secret session of 
     the House (with time equally divided between the majority and 
     the minority) or to publicly disclose the matter in question 
     pursuant to clause 7 of House Rule XLVIII.
       (d) Whenever the select committee makes classified material 
     available to any other committee of the House or to any 
     member of the House not a member of the committee, the clerk 
     of the committee shall be notified. The clerk shall at that 
     time provide a copy of the applicable portions of these rules 
     and of House Rule XLVIII and other pertinent Rules of the 
     House to such members or such committee and insure that the 
     conditions contained therein under which the classified 
     materials provided are clearly presented to the recipient. 
     The clerk of the committee shall also maintain a written 
     record identifying the particular information transmitted, 
     the reasons agreed upon by the committee for approving such 
     transmission and the committee or members of the House 
     receiving such information. The staff director of the 
     committee is further empowered to provide for such additional 
     measures as he or she deems necessary in providing material 
     which the committee has determined to make available to a 
     member of the House or a committee of the House.
       (e) Access to classified information supplied to the 
     committee shall be limited to those committee staff members 
     with appropriate security clearance and a need-to-know, as 
     determined by the committee, and under the committee's 
     direction, the staff director.
       No member of the committee or of the committee staff shall 
     disclose, in whole or in part or by way of summary, to any 
     person not a member of the committee or the committee staff 
     for any purpose or in connection with any proceeding, 
     judicial or otherwise, any testimony given before the 
     committee in executive session, or the contents of any 
     classified papers or other classified materials or other 
     classified information received by the committee report as 
     authorized by the committee in a manner consistent with 
     clause 7 of House Rule XLVIII and the provisions of these 
     rules, or in the event of the termination of the committee, 
     in such a manner as may be determined by the House.
       Before the committee makes any decision regarding a request 
     for access to any testimony, papers or other materials in its 
     possession or a proposal to bring any matter to the attention 
     of the House or a committee or committees of the House, 
     committee members shall have a reasonable opportunity to 
     examine all pertinent testimony, papers, and other materials 
     that have been obtained by the committee.
       (f) Before any member of the committee or the committee 
     staff may have access to classified information the following 
     oath shall be executed:
       I do solemnly swear (or affirm) that I will not disclose 
     any classified information received in the course of my 
     service on the House Permanent Select Committee on 
     Intelligence, except when authorized to do so by the 
     committee or the House of Representatives.
       Copies of the executed oath shall be retained in the files 
     of the committee.


                        11. legislative calendar

       The clerk of the committee shall maintain a printed 
     calendar for the information of each committee member showing 
     the measures introduced and referred to the committee and the 
     status of such measures--and such other matters as the 
     committee determines shall be included. The calendar shall be 
     revised from time to time to show pertinent changes. A copy 
     of each such revision shall be furnished to each member of 
     the committee.
       Unless otherwise ordered, measures referred to the 
     committee shall be referred by the clerk of the committee to 
     the appropriate department or agency of the Government for 
     reports thereon.


                          12. committee travel

       No member of the committee or committee staff shall travel 
     on committee business unless specifically authorized by the 
     chairman. Requests for authorization of such travel shall 
     state the purpose and extent of the trip. A full report shall 
     be filed with the committee when travel is completed.
       A report on all foreign travel shall be filed with the 
     committee clerk within 60 calendar days of the completion of 
     said travel. The report shall contain a description of all 
     issues discussed during the trip. If a member of the 
     committee or an individual with the committee staff fails to 
     comply with this requirement, no further travel requests 
     requiring the authorization of the chairman will be 
     authorized for these individuals until compliance is 
     achieved.
       When the chairman approves the foreign travel of a member 
     of the committee staff not accompanying a member of the 
     committee, all members of the committee are to be advised, 
     prior to the commencement of such travel of its extent, 
     nature and purpose. The report referred to in the previous 
     paragraph shall be furnished to all members of the committee 
     and shall not be otherwise disseminated without the express 
     authorization of the committee pursuant to the rules of the 
     committee.


                  13. broadcasting committee meetings

       Whenever any hearing or meeting conducted by the committee 
     or any subcommittee is open to the public, a majority of the 
     committee or subcommittee, as the case may be, 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 clause 3 of Rule XI of the Rules of 
     the House.


       14. committee records transferred to the national archives

       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 the rule, 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.


                          15. changes in rules

       These rules may be modified, amended, or repealed by the 
     committee, provided that a notice in writing of the proposed 
     change has been given to each member at least 48 hours prior 
     to the meeting at which action thereon is to be taken.
     
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