[Congressional Record Volume 145, Number 22 (Monday, February 8, 1999)]
[House]
[Pages H470-H472]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   RULES OF THE COMMITTEE ON NATIONAL SECURITY FOR THE 106TH 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, in accordance with clause 2(a) of Rule XI of 
the Rules of the House of Representatives, I submit herewith for 
publication in the Congressional Record the rules of the Committee on 
Armed Services that were adopted by the committee on Wednesday, January 
20, 1999.

        Rules of the Committee on Armed Services--106th Congress


                       rules governing procedure

       Rule 1. Application of House Rules.--The Rules of the House 
     of Representatives are the rules of the Committee on Armed 
     Services (hereafter referred to in these rules as the 
     ``Committee'') and its subcommittees so far as applicable.
       Rule 2. Full Committee Meeting Dates.--(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.

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       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 meetings 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 of 
     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 Report.--
     (a) The Chairman shall refer legislation and other matters to 
     the appropriate subcommittee or to the full Committee.
       (b) Legislation shall be 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 4 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 record 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 record 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 
     Committee 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 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 Committee 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 and meetings.
       Rule 12. Subpoena Authority.--(a) For the purpose of 
     carrying out any of its functions

[[Page H472]]

     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 act 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.
       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 last 24 
     hours in advance of presentation. A copy of any such prepared 
     statement shall also be submitted to the Committee in 
     electronic form. 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, so such statement 
     shall be removed from the Committee offices. 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 agreement.
       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 the 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.

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