[Congressional Record Volume 151, Number 9 (Wednesday, February 2, 2005)]
[House]
[Pages H330-H332]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   PUBLICATION OF THE RULES OF THE COMMITTEE ON ARMED SERVICES 109TH 
                                CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from California (Mr. Hunter) is recognized for 5 minutes.
  Mr. HUNTER. Mr. Speaker, in accordance with clause 2 of rule XI of 
the Rules of the House of Representatives, I am submitting the Rules of 
the Committee on Armed Services for printing in the Congressional 
Record.
  These rules were adopted on Wednesday, January 26, 2005 at a public 
meeting of the full committee, with a quorum being present.

      Rules Governing Procedure of the Committee on Armed Services


                   rule 1. application of house rules

       The Rules of the House of Representatives are the rules of 
     the Committee on Armed Services (hereinafter referred to in 
     these rules as the ``Committee'') and its subcommittees so 
     far as applicable.


                  rule 2. full committee meeting date

       (a) The Committee shall meet every Wednesday at 10:00 a.m., 
     and at such other times as may be fixed by the chairman of 
     the Committee (hereinafter 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 Wednesday meeting of the Committee may be dispensed 
     with by the Chairman, but such action may be reversed by a 
     written request of a majority of the members of the 
     Committee.


                   rule 3. subcommittee meeting dates

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


                         rule 4. subcommittees

       Pursuant to the authority granted by Section 3(b), relating 
     to Separate Orders, of H. Res. 5 as adopted by the House of 
     Representatives on January 4, 2005, the Committee shall be 
     organized to consist of six standing subcommittees with the 
     following jurisdictions:
       Subcommittee on Tactical Air and Land Forces: All Army and 
     Air Force acquisition programs (except strategic weapons and 
     lift programs, special operations and information technology 
     accounts). In addition, the subcommittee will be responsible 
     for all Navy and Marine Corps aviation programs, National 
     Guard and Army and Air Force reserve modernization, and 
     ammunition programs.
       Subcommittee on Readiness: Military readiness, training, 
     logistics and maintenance issues and programs. In addition, 
     the subcommittee will be responsible for all military 
     construction, installations and family housing issues, 
     including the base closure process.
       Subcommittee on Terrorism, Unconventional Threats and 
     Capabilities: Department of Defense counter proliferation and 
     counter terrorism programs and initiatives. In addition, the 
     subcommittee will be responsible for Special Operations 
     Forces, the Defense Advanced Research Projects Agency, 
     information technology and programs, force protection policy 
     and oversight, and related intelligence support.
       Subcommittee on Military Personnel: Military personnel 
     policy, reserve component integration and employment issues, 
     military health care, military education and POW/MIA issues. 
     In addition, the subcommittee will be responsible for Morale, 
     Welfare and Recreation issues and programs.
       Subcommittee on Strategic Forces: Strategic Forces (except 
     deep strike systems), space programs, ballistic missile 
     defense and Department of Energy national security programs 
     (except non-proliferation programs).
       Subcommittee on Projection Forces: Navy and Marine Corps 
     programs (except strategic weapons, space, special operations 
     and information technology programs), deep strike bombers and 
     related systems, and strategic lift programs.


                        rule 5. committee panels

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


           rule 6. reference and consideration of legislation

       (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 a hearing or markup 
     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.

[[Page H331]]

       (d) Reports and recommendations of a subcommittee may not 
     be considered by the Committee until after the intervention 
     of three 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 respective ranking minority member of the 
     Committee, 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, promptly entered into the 
     committee scheduling service of the House Information 
     Resources, and promptly posted to the internet web page 
     maintained by the Committee.


        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 in executive session 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 fewer 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 proceed in executive 
     session, the vote must be by record vote and in open session, 
     a majority of the Committee or subcommittee being present.
       (b) Whenever it is asserted by a member of the committee 
     that the evidence or testimony at a hearing may tend to 
     defame, degrade, or incriminate any person, or it is asserted 
     by a witness that the evidence or testimony that the witness 
     would give at a hearing may tend to defame, degrade, or 
     incriminate the witness, 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 executive session, if by a 
     majority vote of those present, there being in attendance no 
     fewer 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 fewer than two 
     members of the Committee or subcommittee, may also vote to 
     close the hearing or meeting for the sole purpose of 
     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) (excluding 
     briefings or meetings held under the provisions of committee 
     rule 9(a)), which have been closed under the provisions of 
     rule 9(a) above for national security purposes for the taking 
     of testimony. The attendance of such a staff member at such 
     hearings is subject to the approval of the Committee or 
     subcommittee as dictated by national security requirements at 
     that time. The attainment of any required security clearances 
     is the responsibility of individual members of the Committee.
       (d) Pursuant to clause 2(g)(2) of rule XI of the Rules of 
     the House of Representatives, no Member, Delegate, or 
     Resident Commissioner 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, Delegates, and the Resident 
     Commissioner by the same procedures designated in this rule 
     for closing hearings to the public.
       (e) The Committee or the subcommittee may vote, by the same 
     procedure, to meet in executive session for up to five 
     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;
       (3) Authorizing the issuance of subpoenas;
       (4) Authorizing the use of executive session material; and
       (5) Voting to proceed in open session after voting to close 
     to discuss whether evidence or testimony to be received would 
     tend to defame, degrade, or incriminate any person.
       (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 five minutes and then only when the member 
     has been recognized by the Chairman or subcommittee chairman, 
     as appropriate, except that this time limit may be exceeded 
     by unanimous consent. Any member, upon request, shall be 
     recognized for not to exceed five minutes to address the 
     Committee or subcommittee on behalf of an amendment which the 
     member has offered to any pending bill or resolution. The 
     five-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 shall be 
     recognized by the Chairman or subcommittee chairman, as 
     appropriate, in order of seniority. Those members arriving 
     subsequently shall 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 either party.
       (c) No person other than a Member, Delegate, or Resident 
     Commissioner of Congress and committee staff may be seated in 
     or behind the dais area during Committee, subcommittee, or 
     panel hearings and meetings.


             rule 12. power to sit and act; subpoena power

       (a) For the purpose of carrying out any of its functions 
     and duties under rules X and XI of the Rules of the House of 
     Representatives, the Committee and any subcommittee are 
     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, including, but not limited to, those in electronic 
     form, as it considers necessary.
       (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 of Representatives.


                      rule 13. witness statements

       (a) Any prepared statement to be presented by a witness to 
     the Committee or a subcommittee shall be submitted to the 
     Committee or subcommittee at least 48 hours in advance of 
     presentation and shall be distributed to all members of the 
     Committee or subcommittee at least 24 hours in advance of 
     presentation. A copy of any such prepared statement shall 
     also be submitted to the Committee in electronic form. If a 
     prepared statement contains national 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,

[[Page H332]]

     no such statement shall be removed from the Committee 
     offices. The requirement of this rule may be waived by a 
     majority vote of the Committee or subcommittee, a quorum 
     being present.
       (b) The Committee and each subcommittee shall require each 
     witness who is to appear before it to file with the Committee 
     in advance of his or her appearance a written statement of 
     the proposed testimony and to limit the oral presentation at 
     such appearance to a brief summary of his or her argument.


               rule 14. administering oaths to witnesses

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


                   rule 15. questioning of witnesses

       (a) When a witness is before the Committee or a 
     subcommittee, members of the Committee or subcommittee may 
     put questions to the witness only when 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 five minutes to interrogate each 
     witness or panel of witnesses until such time as each member 
     has had an opportunity to interrogate each witness or panel 
     of witnesses; 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 that are decided by the 
     Chairman to be officially published will be published in 
     verbatim form, with the material requested for the record 
     inserted at that place requested, or at the end of the 
     record, as appropriate. Any requests to correct any errors, 
     other than those in transcription, or disputed errors in 
     transcription, will be appended to the record, and the 
     appropriate place where the change is requested will be 
     footnoted.


                     rule 17. voting and rollcalls

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


                       rule 18. committee reports

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


                        rule 19. points of order

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


           rule 20. public inspection of committee rollcalls

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


          rule 21. protection of national security information

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


                      rule 22. committee staffing

       The staffing of the Committee, the standing subcommittees, 
     and any panel designated by the Chairman shall be subject to 
     the rules of the House of Representatives,


                       rule 23. committee records

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


                      rule 24. hearing procedures

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

                          ____________________