[Congressional Record Volume 148, Number 71 (Tuesday, June 4, 2002)]
[House]
[Pages H3133-H3137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     PUBLICATION OF THE RULES OF THE PERMANENT SELECT COMMITTEE ON 
                      INTELLIGENCE--107TH CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Florida (Mr. Goss) is recognized for five minutes.
  Mr. GOSS. Mr. Speaker, pursuant to clause 2(a)(2) of Rule XI of the 
Rules of the House of Representatives, I hereby submit the rules of the 
Permanent Select Committee on Intelligence for the 107th Congress for 
publication in the Congressional Record.

 Rules of Procedure for the Permanent Select Committee on Intelligence

                            1. 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.
       For purposes of these rules, any reference herein to the 
     ``Committee'' shall be interpreted to include subcommittees 
     and the working group, unless otherwise specifically 
     provided.
       (b) Establishment of Subcommittees.
       The Committee establishes the following subcommittees:
       (1) Subcommittee on Human intelligence, Analysis, and 
     Counterintelligence;
       (2) Subcommittee on Technical and Tactical Intelligence;
       (3) Subcommittee on Intelligence Policy and National 
     Security; and,
       (4) Subcommittee on Terrorism and Homeland Security.
       For purposes of these rules, any reference herein to the 
     ``Committee'' shall be interpreted to include subcommittees, 
     unless otherwise specifically provided.
       (d) 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 subcommittees; and
       (B) shall not be counted for purposes of determining a 
     quorum.

                             2. Meeting Day

       (a) Regular Meeting Day for the Full Committee.
       (1) Generally. 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 Required. Such regular business meetings shall 
     not occur, unless Members are provided reasonable notice 
     under these rules.
       (b) Regular Meeting Day for Subcommittees.
       There is no regular meeting day for subcommittees.

                         3. Notice of 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 or regular mail, 
     which 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, DC; 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, DC.
       (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.

                 4. 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 any meeting of the Committee.

                            5. Open Meetings

       (a) Generally.
       Pursuant to Rule XI of the House, but subject to the 
     limitations of subsection (b), Committee meetings held for 
     the transaction of business, and Committee hearings, shall be 
     open to the public.
       (b) Exceptions.
       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:

[[Page H3134]]

       (1) 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:
       (A) endanger national security;
       (B) compromise sensitive law enforcement information;
       (C) tend to defame, degrade, or incriminate any person; or
       (D) otherwise violate any law or Rule of the House.
       (2) Notwithstanding paragraph (1), a vote to close a 
     Committee hearing, pursuant to this subsection and House Rule 
     XI shall be taken in open session--
       (A) with a majority of the Committee being present; or
       (B) 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.
       (c) Briefings.
       All Committee briefings shall be closed to the public.

                               6. Quorum

       (a) Hearings.
       For purposes of taking testimony, or receiving evidence, a 
     quorum shall consist of two Committee Members.
       (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 5(b)(2)(B), a quorum shall 
     consist of a majority of Members.

                       7. Reporting Record Votes

       Whenever the Committee reports any measure or matter by 
     record vote, the report of the Committee upon such measure or 
     matter shall include a tabulation of the votes cast in favor 
     of, and the votes cast in opposition to, such measure or 
     matter.

        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) Interrogation of Witnesses.
       (1) Generally. Interrogation 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 statements 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 proceedings 
     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.
       (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) shall have the appropriate clearance 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.
       (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 witness.
       (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' testimony given in executive 
     session shall be made available to that witness if that 
     testimony is subsequently quoted or intended to be made part 
     of a public record. Such testimony shall be made available to 
     the witness at the witness' expense.
       (i) Requests to Testify.
       (1) Generally. The Committee will consider requests to 
     testify on any matter or measure pending before the 
     Committee.
       (2) Recommendations for Additional Evidence. Any person who 
     believes that testimony, other evidence, or commentary, 
     presented at a public hearing may tend to affect adversely 
     that person's reputation may submit to the Committee, in 
     writing:
       (A) a request to appear personally before the Committee;
       (B) a sworn statement of facts relevant to the testimony, 
     evidence, or commentary; or
       (C) proposed questions for the cross-examination of other 
     witnesses.
       (3) Committee's 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 to the allegations was afforded an 
     opportunity to state, either in writing or in person, why he 
     or she should not be held in contempt; and
       (4) the Committee agreed by majority vote to forward the 
     citation recommendations to the House.
       (k) Release of Name of Witness.
       (1) Generally. At the request of a witness scheduled to be 
     heard by the Committee, the name of that witness shall not be 
     released publicly prior to, or after, the witness' appearance 
     before the Committee.
       (2) Exceptions. Notwithstanding paragraph (1), the 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.
       (1) Generally. The Committee shall conduct investigations 
     only if approved by the full Committee. An investigation may 
     be initiated either:
       (A) by a vote of the full Committee;
       (B) at the direction of the Chairman of the full Committee, 
     with notice to the Ranking Minority Member; or
       (C) by written request of at least five Members of the full 
     Committee, which is submitted to the Chairman.
       (2) Full Committee Ratification Required. Any investigation 
     initiated by the Chairman pursuant to paragraphs (B) and (C) 
     must be brought to the attention of the full Committee for 
     approval, at the next regular meeting of the full Committee.
       (b) Conducting Investigations.

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       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 Subpoenas. 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.
       (1) Chairman's Authority. The appointment of Committee 
     Staff shall be by the Chairman, in consultation with the 
     Ranking Minority Member. The Chairman shall certify Committee 
     Staff appointments to the Clerk of the House in writing.
       (2) 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.
       (c) Responsibilities of Committee Staff.
       (1) Generally. The Committee Staff works for the Committee 
     as a whole, under the supervision and direction of the 
     Chairman of the Committee.
       (2) Authority of the Staff Director.
       (A) Unless otherwise determined by the Committee, the 
     duties of Committee Staff shall be performed under the direct 
     supervision and control of the staff director.
       (B) Committee Staff personnel affairs and day-to-day 
     Committee Staff administrative matters, including the 
     security and control of classified documents and material, 
     shall be administered under the direct supervision and 
     control of the staff director.
       (3) Staff Assistance to Minority Membership. The Committee 
     Staff shall assist the Minority as fully as the Majority of 
     the Committee in all matters of Committee business, and in 
     the preparation and filing of supplemental, minority, or 
     additional views, to the end that all points of view may be 
     fully considered by the Committee and the House.

      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:
       (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; 
     and
       (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.
       (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 
     Foreign Intelligence Program (NFIP), 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 NFIP.
       (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 
     Committee, 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 that 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 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 
     classified information, the Committee Staff is authorized to 
     accept information on behalf of the Committee.
       (b) Non-Disclosure of Classified Information.
       Generally. 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

[[Page H3136]]

     of Committee offices to control entry of all persons to such 
     offices.
       (3) Identification Required. Before entering the 
     Commission's office 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, maybe 
     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 Committees' offices.
       (b) Access to Classified Information by Members.
       All Members of the Committee shall at all times have access 
     to all classified papers and other material received by the 
     Committee from any source.
       (c) Need-to-know.
       (1) Generally. Committee Staff shall have access to any 
     classified information provided to the Committee on a strict 
     ``need-to-know'' basis, as determined by the Committee, and 
     under the Committee's direction by the staff director.
       (2) Appropriate Clearances Required. Committee Staff must 
     have the appropriate clearance 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 
     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.
       (2) 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:
       (2) approving the request, in whole or part;
       (3) denying the request; or
       (A) providing the requested information or material in a 
     different form than that sought by the Member.
       (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 Central 
     Intelligence and such other officials it considers necessary.
       (6) Finality of Committee Decisions.
       (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. Sec. 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 serious 
     questions affecting the national interest; and
       (D) whether the matter in question affects manners 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 Member (not 
     a Member of the Committee).
       (n) Ensuring Clearances and Secure Storage.
       The Director of Security and Registry shall ensure that 
     such other committee or Member (not a Member of the 
     Committee) receiving such classified materials may properly 
     store classified materials in a manner

[[Page H3137]]

     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 Member (not a Member of the Committee), the 
     reasons agreed upon by the Committee for approving such 
     transmission, and the name of the committee or Member (not a 
     Member of the Committee) 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 Member (not a Member of 
     the Committee).
       (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 Member (not a Member of the Committee) 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 shall be referred by the 
     Chief Clerk to the appropriate department or agency of the 
     Government for reports thereon.

                          16. 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 Committee 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 the review of any Member or 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.

                        (C) 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 the 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).

                  18. 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.

       19. 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.

                          20. 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.

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