[Congressional Record Volume 149, Number 39 (Tuesday, March 11, 2003)]
[House]
[Pages H1716-H1718]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PUBLICATION OF THE RULES OF THE SELECT COMMITTEE ON HOMELAND SECURITY 
                             108TH CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from California (Mr. Cox) is recognized for 5 minutes.
  Mr. COX. Mr. Speaker, pursuant to Clause 2 of House Rule XI, I submit 
for publication in the Congressional Record the following rules of 
procedure for the Select Committee on Homeland Security in the 108th 
Congress.

                Rules of Procedure Adopted March 4, 2003


                        1. Convening of Meetings

       The regular meeting date and time for the transaction of 
     business of the Select Committee on Homeland Security (``the 
     Committee'') shall be at 9 o'clock a.m. on the first Friday 
     of each month, unless otherwise directed by the Chairman.
       The date, time, place and subject matter of any hearing of 
     the Committee shall, except as provided elsewhere in these 
     rules, be announced at least one week in advance of the 
     commencement of such hearing. The notice requirement may be 
     abridged or waived in extraordinary circumstances, as 
     determined by the Chairman with the concurrence of the 
     Ranking Minority Member.
       The date, time, place and subject matter of any meeting, 
     other than a hearing or a regularly scheduled meeting, shall 
     be announced at least 36 hours in advance for a meeting 
     taking place on a day the House is in session, and 72 hours 
     in advance of a meeting taking place on a day the House is 
     not in session, except in the case of a special meeting 
     called under Clause 2(c)(2) of House Rule XI.


                 2. Preparations for Committee Meetings

       Under direction of the Chairman and Ranking Minority 
     Member, designated majority and minority committee staff, 
     respectively, shall brief Members of the Committee at a time 
     sufficiently prior to any Committee meeting to assist the 
     Committee Members in preparation for such meeting and to 
     recommend any matter which the Committee Members might wish 
     considered during any 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.


                         3. Meeting Procedures

       Meetings of the Committee shall be open to the public 
     except that a meeting or any portion thereof may be closed to 
     the public if the Committee 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, would tend to defame, degrade or 
     incriminate any person, or otherwise would violate any rule 
     of the House. The determination whether any such discussion 
     or testimony, or papers and other materials in connection 
     therewith, shall be presented in open or executive session 
     shall be made by the Chairman in conformity with the rules of 
     the House and these rules. Opening statements at any hearing, 
     mark-up, or other meeting of the Committee or any sub-
     committee may be given by any Member who is present within 
     five minutes after the hearing, mark-up, or other meeting is 
     called to order, in his or her discretion, in each case not 
     to exceed three minutes. With the consent of the Committee, 
     prior to the recognition of the first witness for testimony, 
     any Member, when recognized for opening statement, may 
     completely defer his or her three-minute opening statement 
     and instead use those three minutes during the initial round 
     of witness questioning.
       One-third of the Members of the Committee shall constitute 
     a quorum for the transaction of business, except in the 
     following circumstances, in which a quorum shall be a 
     majority of the Committee: ordering a report; entering 
     executive session; releasing executive session material; 
     issuing a subpoena; immunizing a witness; and reporting 
     contempt. Two Members shall constitute a quorum for the 
     purpose of holding hearings to take testimony and receive 
     evidence.
       In full Committee or subcommittee, the Chairman may 
     postpone further proceedings when a record vote is ordered on 
     the question of approving any measure or matter or adopting 
     an amendment. The Chairman may resume proceedings on a 
     postponed vote at any time, provided that all reasonable 
     steps have been taken to notify Members of the resumption of 
     such proceedings. When proceedings resume on a postponed 
     question, notwithstanding any intervening order for the 
     previous question, an underlying proposition shall remain 
     subject to further debate or amendment to the same extent as 
     when the question was postponed.
       Whenever the Committee by roll call 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, or any amendment thereto. If at the time 
     of the approval of a measure or a matter by the Committee a 
     Member of the Committee gives notice of intention to file 
     supplemental, minority, or additional views for inclusion in 
     the report to the House thereon, that Member shall be 
     entitled to not less than three additional calendar days 
     after the day of such notice (excluding Saturdays, Sundays, 
     and legal holidays except when the House is in session on 
     such a day) to file such views, in writing and signed by the 
     Member, with the Clerk of the Committee.


            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 the 
     Chairman or his designee, except that the Chairman of the 
     Committee may not require an oath or an affirmation where the 
     Chairman determines that it would not be appropriate under 
     the circumstances.
       Questioning of Witnesses. Committee questioning of 
     witnesses shall be conducted by Members of the Committee and 
     such committee staff as are authorized by the Chairman or 
     presiding Member. In the course of any hearing, each Member 
     shall be allowed five minutes for the questioning of a 
     witness until such time as each Member who so desires has had 
     an opportunity to question the witness. The Chairman, or the 
     Committee by motion, may permit an equal number of majority 
     and minority Members to question a witness for a specified, 
     total period that is equal for each side and not longer than 
     thirty minutes for each side. The Chairman, or the Committee 
     by motion, may permit Committee staff of the majority and 
     minority to question a witness for a specified, total period 
     that is equal for each side and not longer than thirty 
     minutes for each side.

[[Page H1717]]

       Counsel for the Witness. Any witness may be accompanied by 
     counsel. A witness who is unable to obtain counsel may notify 
     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 counsel will not excuse the witness from 
     appearing and testifying.
       Statements by Witnesses. A witness may make a statement, 
     which shall be brief and relevant, at the beginning 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 submit 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 no less than 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 fails to 
     sustain the ruling of the chair.
       Transcripts. A transcript shall be made of the testimony of 
     each witness appearing before the Committee during a 
     Committee hearing.
       Inspection and Correction. All witnesses testifying before 
     the Committee 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. Such counsel shall have the 
     appropriate clearance necessary to review any classified 
     aspect of the transcript. Any corrections the witness desires 
     to make in the transcript shall be submitted in writing to 
     the committee within five 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 the public record shall be made available to 
     that witness at the witness' expense.
       Minority Witnesses. Whenever a hearing is conducted by the 
     Committee or any subcommittee upon any measure or matter, the 
     minority party Members on the Committee or subcommittee shall 
     be entitled, upon request to the Chairman by a majority of 
     those minority Members before the completion of such hearing, 
     to call witnesses selected by the minority to testify with 
     respect to that measure or matter during at least one day of 
     hearing thereon.
       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. The 
     person to be cited for contempt shall be afforded, upon 
     notice of at least 72 hours, an opportunity to state shy he 
     or she should not be held in contempt, prior to a vote of all 
     the committee, a quorum being present, on the question 
     whether to forward such recommendation to the House. Such 
     statement shall be, in the discretion of the Chairman, either 
     in writing or in person before the Committee.
       Closing Hearings. Hearings of the Committee shall be open 
     to the public unless closed in accordance with Clause 2(g) or 
     2(k) of House Rule XI.


          5. Subpoenas, Subpoenas Duces Tecum, and Affidavits

       Unless otherwise determined by the Committee, the Chairman, 
     upon consultation with the Ranking Minority Member, shall 
     authorize and issue subpoenas. In addition, the Committee may 
     itself vote to authorize and issue subpoenas. Subpoenas shall 
     be issued under the seal of the House and attested by the 
     Clerk of the House, and may be served by any person 
     designated by the Chairman. Subpoenas shall be issued under 
     the Chairman's signature or that of a Member designated by 
     the Committee.
       Provisions may be included in a subpoena, by concurrence of 
     the Chairman and Ranking Minority Member, or by the 
     Committee, to prevent the disclosure of Committee demands for 
     information when deemed necessary for the security of 
     information or the progress of an investigation, including 
     but not limited to prohibiting the revelation by witnesses 
     and their counsel of Committee inquiries.
       A subpoena duces tecum may be issued whose return shall 
     occur at a time and place other than that of a regularly 
     scheduled meeting.
       Requests for investigations, reports, and other assistance 
     from any agency of the executive, legislative, and judicial 
     branched of the federal government, shall be made by the 
     Chairman, upon consultation with the Ranking Minority Member, 
     or by the Committee.
       The Chairman or the Committee may require any person who is 
     unavailable to testify as a witness at any hearing to submit 
     an affidavit comprising such person's sworn testimony for use 
     at such hearing.


                                6. Staff

       Members of the committee staff shall work collegially, with 
     discretion, and always with the best interests of the 
     national security foremost in mind. Committee business shall 
     whenever possible, take precedence over other official and 
     personal business. For the purpose of these rules, Committee 
     staff means the employees of the Committee, consultants to 
     the Committee, and any other person engaged by contract, or 
     otherwise, to perform services for, or at the request of, the 
     Committee, including detailees to the extent necessary to 
     fulfill their designated roles. All such persons shall be 
     subject to the same security clearance and confidentiality 
     requirements as employees of the Committee under this rule.
       Committee staff shall be either majority, minority, or 
     joint. Majority staff shall be designated by and assigned to 
     the Chairman. Minority staff shall be designated by and 
     assigned to the Ranking Minority Member. Joint Committee 
     staff shall be designated by the Chairman, in consultation 
     with the Ranking Minority Member, and assigned to service of 
     the full Committee. The Chairman shall certify Committee 
     staff appointments, including appointments by the Ranking 
     minority Member and joint staff appointments, to the Clerk of 
     the House in writing, and such certification shall be 
     submitted to the Committee for approval by majority vote.
       The joint Committee staff works for the Committee as a 
     whole, under the supervision and direction of the Chairman 
     and Ranking Minority Member of the Committee. Except as 
     otherwise provided by the Committee, the duties of joint 
     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 direction supervision and 
     control of the Staff Director. Majority and minority staff 
     appointed by the Chairman and Ranking Minority Member, 
     respectively, shall be subject to the same operational 
     control and supervision concerning security and classified 
     documents and material as are joint Committee staff.
       Members of the Committee staff shall not discuss or divulge 
     (a) either the classified substance or procedure of the work 
     of the Committee, (b) any classified information which comes 
     into such person's possession while a member of the Committee 
     staff, or (c) any classified information which comes into 
     such person's possession by virtue of his or her position as 
     a member of the Committee staff, with any person except a 
     Member of the Committee, for any purpose, or in connection 
     with any proceeding, judicial or otherwise, either during or 
     after the person's tenure as a Member of the Committee staff, 
     except on a need-to-know basis, as determined by the 
     Committee, and in such manner as may be determined by the 
     House or by the Committee.
       No member of the Committee staff shall be employed by the 
     Committee unless and until such person agrees in writing, as 
     a condition of employment, to notify the Committee, or, after 
     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 authorized by the Committee, or, 
     after the termination of the Committee, in such manner as may 
     be determined by the House.
       No member of the Committee staff shall divulge to any 
     person any information, including non-classified information, 
     which comes into his or her possession by virtue of his or 
     her status as a member of the Committee staff, if such 
     information may alert the subject of a Committee 
     investigation to the existence, nature, or substance of such 
     investigation, unless directed to do so by the Committee.
       The Committee shall immediately consider disciplinary 
     action in the event 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, criminal referral to the Justice 
     Department, and notification of the Speaker of the House.


  7. procedures related to classified or sensitive material and other 
                              information

       (a) Committee staff offices, including majority and 
     minority offices, shall operate under strict security 
     precautions administered by the Director of Security of the 
     Committee. 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.
       (b) Sensitive or classified documents shall be segregated 
     in a secure storage area under the supervision of the 
     Security Director. They may be examined only in an 
     appropriately secure manner. Copying, duplicating, or removal 
     from the secure area of the Committee's offices of such 
     documents and other materials is prohibited except with leave 
     of the Chairman and Ranking Minority Member for use in 
     furtherance of Committee business. No classified documents 
     shall be maintained or stored in the majority or minority 
     offices. Classified information in any form that is not 
     obtained in Committee hearings and is not the property of the 
     Committee or the House shall, while in the custody of the 
     Committee, be segregated and maintained by the Committee in 
     the same manner as Committee records which are classified.
       (c) All Members of the Committee shall at all times have 
     access to all records of Committee hearings and all other 
     records, data,

[[Page H1718]]

     charts, and files that are the property of the Committee. In 
     the case of any such materials that are classified, the 
     Security 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. Such 
     registry shall also be available to any Member of the 
     Committee.
       (d) Members who are not Members of the Committee shall have 
     access to all Committee records as described in paragraph 
     (c), in the same manner and subject to the same conditions 
     and restrictions as Members of the Committee.
       (e) Access to classified information supplied to the 
     Committee shall be limited to 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 except 
     as authorized by the Committee in a manner consistent with 
     the provisions of these rules, or, after the termination 
     of the Committee, in such manner as may be determined by 
     the House.
       Before the Committee makes any decision regarding any 
     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 a Member, officer, or employee of the Committee 
     may have access to classified information, the following oath 
     (or affirmation) 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 Select Committee on Homeland Security, except 
     as authorized by the Committee or the House of 
     Representatives or in accordance with the Rules of such 
     Committee or the Rules of the House.''
       Copies of the executed oath (or affirmation) shall be 
     retained by the Clerk as part of the records of the 
     Committee. The Clerk shall make signatures a matter of public 
     record, causing the names of each Member who has signed the 
     oath to be available each day for public inspection in an 
     appropriate office of the Committee offices.


                            8. Subcommittees

       (a) There shall be five standing subcommittees of the 
     Committee, with jurisdiction as follows:
       (1) Subcommittee on Infrastructure and Border Security: 
     border security including prevention of importation of 
     illicit weapons, pathogens, narcotics, and other contraband; 
     illegal entry by foreign nationals; land borders, ports, and 
     airspace; integration of federal, state, and local 
     immigration law enforcement; protection of highways, bridges, 
     waterways, airports and air transportation, energy supplies, 
     and other critical infrastructure from attack; preservation 
     of critical government, business, and financial institutions; 
     relevant oversight; and other matters referred to the 
     Subcommittee by the Chairman.
       (2) Subcommittee on Rules: study of the operation and 
     implementation of the House Rules with respect to homeland 
     security; examination of jurisdictional disputes and overlap 
     related to the Department of Homeland Security, and homeland 
     security in general; consideration of changes to the House 
     Rules, pursuant to Section 4(b)(3) of H. Res. 5, necessary to 
     ensure effective oversight of the Department of Homeland 
     Security, and homeland security in general; relevant 
     oversight; and other matters referred to the Subcommittee by 
     the Chairman.
       (3) Subcommittee on Emergency Preparedness and Response: 
     preparation for and response to chemical, biological, 
     radiological, and other attacks on civilian populations; 
     protection of physical infrastructure and industrial assets 
     against terrorist attack; issues related to liability arising 
     from terrorist attack; public health issues related to such 
     attacks; disaster preparedness; coordination of emergency 
     response with and among state and local governments and the 
     private sector; homeland security technology; relevant 
     oversight; and other matters referred to the Subcommittee by 
     the Chairman.
       (4) Subcommittee on Cybersecurity, Science, and Research & 
     Development: security of computer, telecommunications, 
     information technology, industrial control, electric 
     infrastructure, and data systems, including science, research 
     and development related thereto; protection of government and 
     private networks and computer systems from domestic and 
     foreign attack; prevention of injury to civilian populations 
     and physical infrastructure caused by cyber attack; relevant 
     oversight; and other matters referred to the Subcommittee by 
     the Chairman.
       (5) Subcommittee on Intelligence and Counterterrorism: 
     prevention and interdiction of terrorist attacks on American 
     territory; liaison and integration of the Department of 
     Homeland Security with the intelligence community and law 
     enforcement; collection, analysis, and sharing of 
     intelligence among agencies and levels of government as it 
     relates to homeland security; threat identification, 
     assessment and prioritization; integration of intelligence 
     analysis, and sharing of intelligence, with and among 
     federal, state, and local law enforcement; preservation of 
     civil liberties, individual rights, and privacy; relevant 
     oversight; and other matters referred to the Subcommittee by 
     the Chairman.
       (b) Bills, resolutions, and other matters shall be referred 
     by the Chairman to the appropriate subcommittee within two 
     weeks of receipt by the Committee for consideration or 
     investigation in accordance with its fixed jurisdiction. 
     Where the subject matter of the referral involves the 
     jurisdiction of more than one subcommittee or does not 
     fall within any previously assigned jurisdiction, the 
     Chairman may refer the matter as he deems advisable. 
     Bills, resolutions, and other matters referred to 
     subcommittees may be reassigned by the Chairman when, in 
     his judgment, the subcommittee is not able to complete its 
     work or cannot reach agreement on the matter. In a 
     subcommittee having an even number of Members, if there is 
     a tie vote with all Members voting on any measure, the 
     measure shall be placed on the agenda for full Committee 
     consideration as if it had been ordered reported by the 
     subcommittee without recommendation. This provision shall 
     not preclude further action on the measure by the 
     subcommittee.
       (c) The full Committee shall have general jurisdiction over 
     all programs and activities of the Department of Homeland 
     Security, liaison between homeland security agencies and 
     programs throughout the federal government, and the 
     Department of Homeland Security, state and local homeland 
     security, and such other matters within the jurisdiction of 
     each subcommittee as may be referred directly to the full 
     Committee by the Chairman.
       (d) The Chairman and Ranking Minority Member of the 
     Committee shall be ex officio Members of each subcommittee to 
     which they have not been assigned by resolution of the 
     Committee.


                        9. legislative calendar

       The Clerk of the Committee shall maintain a printed 
     calendar for the information of each Committee Member showing 
     any procedural or legislative measures considered or 
     scheduled to be considered by 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 such 
     revisions shall be furnished to each Member of the Committee.


                          10. committee travel

       No Member of the Committee or Committee staff shall travel 
     on Committee business unless specifically authorized by the 
     Chairman or Ranking Minority Member, respectively. Requests 
     for authorization of such travel shall state the purpose and 
     extent of the trip, together with itemized expenses 
     anticipated thereon. No preliminary arrangements for foreign 
     travel shall be undertaken by any Committee Member unless 
     such travel has been authorized in writing by the Chairman.
       A report on all foreign travel shall be filed with the 
     Committee Clerk within sixty calendar days of the completion 
     of said travel. The report shall contain a description of all 
     issues discussed during the trip and the persons with whom 
     the discussions were conducted. If an individual with the 
     Committee staff fails to comply with this requirement, he or 
     she shall be subject to disciplinary procedures set forth in 
     these rules.


                  11. broadcasting committee meetings

       Whenever any hearing or meeting conducted by the Committee 
     is open to the public, the Committee or Subcommittee, as the 
     case may be, shall permit that hearing or meeting to be 
     covered by television broadcast, internet broadcast, print 
     media, 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.


                  12. disposition of committee records

       Upon dissolution of the Committee at the conclusion of the 
     108th Congress, the records of the Committee shall be deemed 
     current records and, consistent with House Resolution 5 of 
     the 108th Congress, shall not be delivered to the Archives of 
     the United States but rather shall become the records of such 
     successor committee as shall be designated by the Speaker.


                          13. 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.

                          ____________________