[Congressional Record Volume 151, Number 17 (Wednesday, February 16, 2005)]
[House]
[Pages H675-H679]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PUBLICATION OF THE RULES OF THE COMMITTEE ON HOMELAND SECURITY, 109TH 
                                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, in accordance with Clause 2 of Rule XI of the 
Rules of the House, I submit the Rules of Procedure for the Committee 
on Homeland Security for printing in the Congressional Record. On 
February 9, 2005, the Committee adopted these rules by a voice vote, 
with a quorum present.

                     COMMITTEE ON HOMELAND SECURITY

                            Committee Rules


                         i. general provisions

       A. Applicability of the Rules of the U.S. House of 
     Representatives.--The Rules of the U.S. House of 
     Representatives (the ``House'') are the rules of the 
     Committee on Homeland Security (the ``Committee'') and its 
     subcommittees insofar as applicable.
       B. Applicability to Subcommittees.--Except where the terms 
     ``full Committee'' and ``subcommittee'' are specifically 
     referred to, the following rules shall apply to the 
     Committee's subcommittees and their respective Chairmen and 
     Ranking Minority Members to the same extent as they apply to 
     the full Committee and its Chairman and Ranking Minority 
     Member.
       C. Appointments by the Chairman.--The Chairman of the 
     Committee (``the Chairman'') shall appoint a Member of the 
     majority party to serve as Vice Chairman of the Committee. 
     The Chairman shall appoint other Members of the majority 
     party to serve as Chairmen of each of the subcommittees.
       D. Referral of Bills by Chairman.--Except for bills or 
     measures retained by the Chairman for full Committee 
     consideration or discharged by the Chairman, every bill or 
     other measure referred to the Committee shall be referred by 
     the Chairman to the appropriate subcommittee within two weeks 
     of receipt by the Committee for consideration in accordance 
     with its 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 will refer the matter as he or she 
     deems advisable. Bills, resolutions, and other matters 
     referred to subcommittees may be reassigned or discharged by 
     the Chairman when, in his or her sole judgment, the 
     subcommittee is not able to complete its work or cannot reach 
     agreement on the matter in a timely manner.

[[Page H676]]

       E. Recommendation of Conferees.--Whenever the Speaker of 
     the House is to appoint a conference committee on a matter 
     within the jurisdiction of the Committee, the Chairman shall 
     recommend to the Speaker of the House conferees from the 
     Committee. In making recommendations of minority Members as 
     conferees, the Chairman shall do so with the concurrence of 
     the Ranking Minority Member of the Committee.
       F. Motions to Disagree.--The Chairman is directed to offer 
     a motion under clause 1 of rule XXII of the Rules of the 
     House whenever the Chairman considers it appropriate.


                       ii. meetings and hearings

       A. Regular Meeting Date.--The regular meeting date and time 
     for the transaction of business of the Committee shall be at 
     10:00 a.m. on the first Wednesday that the House is in 
     Session each month, unless otherwise directed by the 
     Chairman.
       B. Additional Meetings.--The Chairman may call and convene, 
     as he or she considers necessary, additional meetings of the 
     Committee for the consideration of any bill or resolution 
     pending before the Committee or for the conduct of other 
     Committee business. The Committee shall meet for such 
     purposes pursuant to the call of the Chairman.
       C. Consideration.--Except in the case of a special meeting 
     held under Clause 2(c)(2) of House Rule XI, the determination 
     of the business to be considered at each meeting of the 
     Committee shall be made by the Chairman.
       D. Notice.--
       1. Hearings.--The date, time, place and subject matter of 
     any hearing of the Committee shall, except as provided in the 
     Committee rules, be announced by notice at least one week in 
     advance of the commencement of such hearing. The names of all 
     witnesses scheduled to appear at such hearing shall be 
     provided to Members no later than 48 hours prior to the 
     commencement of such hearing. These notice requirements may 
     be abridged or waived in extraordinary circumstances, as 
     determined by the Chairman with the concurrence of the 
     Ranking Minority Member.
       2. Meetings.--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. These 
     notice requirements may be abridged or waived in 
     extraordinary circumstances, as determined by the Chairman in 
     consultation with the Ranking Minority Member.
       3. Publication.--The meeting announcement shall be 
     published in the Daily Digest portion of the Congressional 
     Record.
       E. Open Meetings.--All meetings of the Committee shall be 
     open to the public except when the Committee, in open session 
     and with a majority present, determines by recorded vote that 
     all or part of the remainder of that hearing on that day 
     shall be closed to the public because disclosure of 
     testimony, evidence, or other matters to be considered would 
     endanger the national security or would violate any law or 
     rule of the House, in accordance with Clause 2(g) or 2(k) of 
     House Rule XI.
       F. Quorum Requirements.--Two Members shall constitute a 
     quorum for the purposes of receiving testimony and evidence 
     at a duly noticed hearing or meeting. One-third of the 
     Members of the Committee shall constitute a quorum for the 
     transaction of business, except that a majority of the 
     Committee shall constitute a quorum for ordering a report, 
     entering executive session, releasing executive session 
     material, issuing a subpoena, immunizing a witness, 
     reporting contempt, or where otherwise required under the 
     rules of the House.
       G. Opening Statements.--At any meeting of the full 
     Committee, the Chairman and Ranking Minority Member shall be 
     entitled to present oral opening statements of five minutes 
     each. Other Members may submit written opening statements for 
     the record. In the case of a meeting of any subcommittee, the 
     Chairmen and Ranking Minority Members of the subcommittee and 
     the full Committee shall be entitled to present oral opening 
     statements of five minutes each, and other Members may submit 
     written opening statements for the record. At any hearing of 
     the full Committee, the Chairman of the full Committee, and 
     at any hearing of a subcommittee, the Chairman of that 
     subcommittee, in his or her discretion and with the 
     concurrence of the Ranking Minority Member of the full 
     Committee or of that subcommittee, respectively, may permit 
     additional opening statements by other Members of the full 
     Committee or of that subcommittee at the hearing in question.
       H. Questioning of Witnesses.--Committee questioning of 
     witnesses shall be conducted by any Member of the Committee, 
     as well as by such Committee staff as may be authorized by 
     the Chairman or presiding Member to question such witnesses. 
     Committee Members or authorized staff may question witnesses 
     only when recognized by the Chairman for that purpose.
       1. Time Limitation.--In the course of any hearing, Members 
     shall be limited to five minutes on the initial round of 
     questioning. No Member shall be recognized for a second 
     opportunity to question a witness until each Member of the 
     Committee who is present has been recognized for that 
     purpose.
       2. Order of Recognition.--In questioning witnesses, the 
     Chairman and the Ranking Minority Member shall be recognized 
     first, after which Members who are in attendance when the 
     Chairman gavels the hearing to order will be recognized in 
     the order of their seniority on the Committee, alternating 
     between majority and minority Members. Members arriving after 
     the commencement of a hearing shall be recognized after all 
     Members present at the beginning of the hearing have been 
     recognized, in the order of their appearance, alternating 
     between majority and minority Members.
       3. Alternative Questioning Procedure.--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 
     30 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 30 minutes 
     for each side.
       I. Oath or Affirmation.--Whenever the full Committee or the 
     Subcommittee on Management, Integration, and Oversight holds 
     a hearing or meeting that the Chairman has designated as an 
     investigatory hearing or meeting in order to take testimony 
     or consider other evidence, the testimony of any person 
     before such Committee or Subcommittee shall be given under 
     oath or affirmation administered by the Chairman or his 
     designee.
       J. Statements by Witnesses--
       1. Witnesses shall submit a prepared or written statement 
     for the record of the proceedings (including, where 
     practicable an electronic copy) with the Clerk of the 
     Committee, and insofar as practicable and consistent with the 
     notice given, shall do so no less than 48 hours in advance of 
     the witness' appearance before the Committee, unless such 
     requirement is waived or otherwise modified by the Chairman 
     in consultation with the Ranking Minority Member.
       2. To the greatest extent practicable, the written 
     testimony of each witness appearing in a non-governmental 
     capacity shall include a curriculum vitae and a disclosure of 
     the amount and source (by agency and program) of any federal 
     grant (or subgrant thereof) or contract (or subcontract 
     thereof) received during the current fiscal year or either of 
     the two preceding fiscal years by the witness or by an entity 
     represented by the witness.
       K. Objections and Ruling.--Except as otherwise provided by 
     the rules of the House, any objection raised by a witness 
     shall be ruled upon by the Chairman or other presiding 
     Member, and such ruling shall be the ruling of the Committee 
     unless a Member of the Committee appeals the ruling of the 
     chair and a majority of the Committee present fails to 
     sustain the ruling of the chair.
       L. Transcripts.--A transcript shall be made of the 
     testimony of each witness appearing before the Committee 
     during a Committee hearing. All hearings of the Committee 
     which are open to the public shall be printed and made 
     available.
       M. Minority Witnesses.--Whenever a hearing is conducted by 
     the Committee upon any measure or matter, the minority party 
     Members on the Committee 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.
       N. 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 why 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.
       O. The Five-Minute Rule.--The time any one Member may 
     address the Committee on any bill, motion, or other matter 
     under consideration by the Committee shall not exceed five 
     minutes, and then only when the Member has been recognized by 
     the Chairman, except that this time limit may be exceeded 
     when permitted by unanimous consent.
       P. Postponement of Vote.--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.
       Q. Breaches of Decorum.--The Chairman may punish breaches 
     of order and decorum, by censure and exclusion from the 
     hearing; and the Committee may cite the offender to the House 
     for contempt.
       R. Access to Dais.--Access to the dais during and before a 
     hearing, mark-up or other meeting of the Committee shall be 
     limited to Members and staff of the Committee, and staff of 
     Members of the Committee.

[[Page H677]]

       S. Cellular Telephones.--The ringing or conversational use 
     of cellular telephones is prohibited on the Committee dais or 
     in the Committee hearing room during a hearing, mark-up, or 
     other meeting of the Committee.
       T. Broadcasting.--Whenever any hearing or meeting conducted 
     by the Committee is open to the public, the Committee 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 of the Legislative Reorganization Act of 
     1970 (Section 116(b)) and House Rule XI. Priority shall be 
     given by the Committee to members of the Press Galleries.


                             III. SUBPOENAS

       A. Authorization.--The Committee, or any subcommittee, may 
     authorize and issue a subpoena under clause 2(m)(2)(A) of 
     Rule XI of the House, if authorized by a majority of the 
     members of the Committee or subcommittee (as the case may be) 
     voting, a quorum being present. The power to authorize and 
     issue subpoenas is also delegated to the Chairman of the full 
     Committee, in consultation with the Ranking Minority Member, 
     as provided for under clause 2(m)(3)(A)(i) of Rule XI of the 
     House of Representatives. 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.
       B. Disclosure.--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.
       C. Subpoena duces tecum.--A subpoena duces tecum may be 
     issued whose return shall occur at a time and place other 
     than that of a regularly scheduled meeting.
       D. Requests for Investigations.--Requests for 
     investigations, reports, and other assistance from any agency 
     of the executive, legislative, and judicial branches of the 
     federal government shall be made by the Chairman, upon 
     consultation with the Ranking Minority Member, or by the 
     Committee.
       E. Affidavits and Depositions.--The Chairman, in 
     consultation with the Ranking Member, or the Committee may 
     authorize the taking of an affidavit or deposition with 
     respect to any person who is subpoenaed under these rules but 
     who is unable to appear in person to testify as a witness at 
     any hearing or meeting.


                           IV. SUBCOMMITTEES

       A. Generally.--The Committee shall be organized to consist 
     of five standing subcommittees with the following 
     jurisdiction:
       1. Subcommittee on Prevention of Nuclear and Biological 
     Attack: Prevention of terrorist attacks on the United States 
     involving nuclear and biological weapons, including the 
     Department of Homeland Security's role in nuclear and 
     biological counter-proliferation and detection of fissile 
     materials, biological weapons, precursors, and production 
     equipment; the Department of Homeland Security's role in 
     detecting and interdicting commerce in and transit of nuclear 
     and biological weapons, components, precursors, delivery 
     systems, and production equipment; development and deployment 
     of sensors to detect nuclear and biological weapons, 
     components, precursors, and production equipment; inspections 
     conducted domestically and abroad to detect and interdict 
     nuclear and biological weapons, components, precursors, 
     delivery systems, and production equipment; nuclear and 
     biological threat certification and characterization; 
     preventative use of technology, including forensic analytic 
     techniques, to attribute nuclear and biological weapons-
     related samples to their sources; border, port, and 
     transportation security designed to prevent nuclear and 
     biological attacks on the United States; integration of 
     federal, state, and local efforts to prevent nuclear and 
     biological attacks, including coordination of border security 
     initiatives for this purpose; conducting relevant oversight; 
     and other matters referred to the Subcommittee by the 
     Chairman.
       2. Subcommittee on Intelligence, Information Sharing, and 
     Terrorism Risk Assessment: Intelligence and information 
     sharing for the purpose of preventing, preparing for, and 
     responding to potential terrorist attacks on the United 
     States; the responsibility of the Department of Homeland 
     Security for comprehensive, nationwide, terrorism-related 
     threat, vulnerability, and risk analyses; the integration, 
     analysis, and dissemination of homeland security information, 
     including the Department of Homeland Security's participation 
     in, and interaction with, other public and private sector 
     entities for any of those purposes; communications of 
     terrorism-related information by the federal government to 
     State, local, and private sector entities; issuance of 
     terrorism threat advisories and warnings (including 
     administration of the Homeland Security Advisory System); 
     liaison of the Department of Homeland Security with U.S. 
     intelligence and law enforcement agencies; information 
     gathering, analysis, and sharing by Department of Homeland 
     Security entities; the role of intelligence in terrorism 
     threat prioritization; conducting relevant oversight; and 
     other matters referred to the Subcommittee by the Chairman.
       3. Subcommittee on Economic Security, Infrastructure 
     Protection, and Cybersecurity: Development of strategies to 
     protect against terrorist attack against the United States; 
     prioritizing risks through analytical tools and cost/benefit 
     analyses; prioritizing investment in critical infrastructure 
     protection across all sectors, including transportation (air, 
     land, sea, and intermodal, both domestic and international); 
     defeating terrorist efforts to inflict economic costs through 
     threats and violence; mitigation of potential consequences of 
     terrorist attacks on critical infrastructure, and related 
     target hardening strategies; border, port, and transportation 
     security; in the wake of an attack on one sector, ensuring 
     the continuity of other sectors including critical 
     government, business, health, financial, commercial, and 
     social service functions; security of computer, 
     telecommunications, information technology, industrial 
     control systems, electronic infrastructure, and data systems; 
     protecting government and private networks and computer 
     systems from domestic and foreign attack; preventing 
     potential injury to civilian populations and physical 
     infrastructure resulting, directly or indirectly, from cyber 
     attacks; with respect to each of the foregoing, assessing the 
     impact of potential protective measures on the free flow of 
     commerce and the promotion of economic growth; conducting 
     relevant oversight; and other matters referred to the 
     Subcommittee by the Chairman.
       4. Subcommittee on Management, Integration, and Oversight: 
     Oversight of Department of Homeland Security progress in 
     implementing the management and organizational directives of 
     the Homeland Security Act and other homeland security-related 
     mandates; Department of Homeland Security offices responsible 
     for the provision of department-wide services, including the 
     Under Secretary for Management, the Chief Information 
     Officer, and the Chief Financial Officer; cross-directorate, 
     Department-wide standardization and programmatic 
     initiatives; investigations and reports by the Inspector 
     General of the Department of Homeland Security; 
     standardization and security of Department of Homeland 
     Security communications systems and information technology 
     infrastructure; harmonization and effectiveness of 
     Department of Homeland Security budgeting, acquisition, 
     procurement, personnel, and financial management systems; 
     incentives and barriers to hiring that affect Department 
     components; Department of Homeland Security-initiated 
     internal reorganizations; conducting relevant oversight; 
     and other matters referred to the Subcommittee by the 
     Chairman.
       5. Subcommittee on Emergency Preparedness, Science, and 
     Technology: Preparedness for and collective response to 
     terrorism, including federal support to first responders; 
     terrorism-related incident management and response; 
     consequence mitigation; Department of Homeland Security-
     administered homeland security grants to first responders; 
     conduct and coordination of exercises and training relating 
     to mitigating the effects of and responding to terrorist 
     attacks (including nuclear, biological, radiological, and 
     chemical attacks on civilian populations); federal government 
     coordination of terrorism-related emergency preparedness and 
     response with and among state and local governments, the 
     private sector, and the public; research, development and 
     deployment of technology for combating terrorism; adaptation 
     of existing technologies to homeland security prevention 
     priorities; coordination and enhancement of Department of 
     Homeland Security interaction on science and technology 
     matters with the private sector, federally funded research 
     and development centers, educational institutions, the 
     National Laboratories, and other scientific resources; 
     Department of Homeland Security-based science and technology 
     entities and initiatives; conducting relevant oversight; and 
     other matters referred to the Subcommittee by the Chairman.
       B. Powers and Duties of Subcommittees.--Except as otherwise 
     directed by the Chairman of the full Committee, each 
     subcommittee is authorized to meet, hold hearings, receive 
     testimony, mark up legislation, and report to the Committee 
     on all matters within its jurisdiction. Subcommittee chairmen 
     shall set hearing and meeting dates only with the approval of 
     the Chairman of the Committee.
       C. Selection and Ratio of Subcommittee Members.--The 
     Chairman and Ranking Member shall select their respective 
     Members of each Subcommittee. The ratio of majority to 
     minority Members shall be comparable to the ratio of majority 
     to minority Members on the full Committee, except that each 
     subcommittee shall have at least two more majority Members 
     than minority Members.
       D. Ex Officio Members.--The Chairman and the Ranking 
     Minority Member of the Committee shall be ex officio members 
     of all subcommittees, with full rights as a member of each 
     subcommittee. They are authorized to vote on all matters that 
     arise before any subcommittee, and may be counted for 
     purposes of establishing a quorum in such subcommittees.
       E. Special Voting Provision.--If a tie vote occurs in a 
     subcommittee on the question of reporting any measure to the 
     full Committee, the measure shall be placed on the agenda for 
     full Committee consideration as

[[Page H678]]

     if it had been ordered reported by the subcommittee without 
     recommendation.


                           V. committee staff

       A. Generally.--Members of the Committee staff shall work 
     collegially, with discretion, and always with the best 
     interests of the Nation's 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 engaged by the Committee, and any 
     other person engaged by contract, or otherwise, to perform 
     services for, or at the request of, the Committee, including 
     detailees and fellows. All such persons shall be subject to 
     the same requirements as employees of the Committee under 
     this rule. To be employed or otherwise engaged by the 
     Committee, an individual must be eligible to be considered 
     for routine (non-limited) access to classified information.
       B. Staff Assignments.--All Committee staff shall be staff 
     of, and engaged by, the full Committee. 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.
       C. Joint Committee Staff.--The Chairman and Ranking 
     Minority Member may agree to employ joint Committee staff, 
     with duties as mutually agreed. Such joint Committee staff 
     works for the Committee as a whole, under the supervision and 
     direction of the Staff Director of the Committee.
       D. Notification of Testimony.--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 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.
       E. Divulgence of Information.--Prior to the public 
     acknowledgement by the Chairman or the Committee of a 
     decision to initiate an investigation of a particular person, 
     entity, or subject, 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 authorized to do 
     so by the Chairman or the Committee.


                      VI. MEMBER AND STAFF TRAVEL

       A. Approval of Travel.--Consistent with the primary expense 
     resolution and such additional expense resolutions as may 
     have been approved, travel to be reimbursed from funds set 
     aside for the Committee for any Member or any Committee staff 
     shall be paid only upon the prior authorization of the 
     Chairman. Travel may be authorized by the Chairman for any 
     Member and any Committee staff only in connection with 
     official Committee business, such as the attendance of 
     hearings conducted by the Committee and meetings, 
     conferences, site visits, and investigations that involve 
     activities or subject matter under the general jurisdiction 
     of the Committee.
       1. Proposed Travel by Majority Party Members and Staff.--In 
     the case of proposed travel by majority party Members or 
     Committee staff, before such authorization is given, there 
     shall be submitted to the Chairman in writing the following: 
     (a) the purpose of the travel; (b) the dates during which the 
     travel is to be made and the date or dates of the event for 
     which the travel is being made; (c) the location of the event 
     for which the travel is to be made; and (d) the names of 
     Members and staff seeking authorization. On the basis of that 
     information, the Chairman shall determine whether the 
     proposed travel is for official Committee business, concerns 
     subject matter within the jurisdiction of the Committee, and 
     is not excessively costly in view of the Committee business 
     proposed to be conducted.
       2. Proposed Travel by Minority Party Members and Staff.--In 
     the case of proposed travel by minority party Members or 
     Committee staff, the Ranking Minority Member shall provide to 
     the Chairman a written representation setting forth the 
     information specified in items (a), (b), (c), and (d) of 
     subparagraph (1) and his or her determination that such 
     travel complies with the other requirements of subparagraph 
     (1).
       3. Foreign Travel.--All Committee Member and staff requests 
     for Committee-funded foreign travel must be submitted to the 
     Chairman, through the Chief Financial Officer of the 
     Committee, not less than seven business days prior to the 
     start of the travel. Within 60 days of the conclusion of any 
     such foreign travel authorized under this rule, there shall 
     be submitted to the Chairman a written report summarizing the 
     information gained as a result of the travel in question, or 
     other Committee objectives served by such travel.


                         VII. COMMITTEE RECORDS

       A. 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 made 
     available to each Member of the Committee upon request.
       B. Members Right To Access.--Members of the Committee and 
     of the House shall have access to all official Committee 
     records. Access to Committee files shall be limited to 
     examination within the Committee offices at reasonable times. 
     Access to Committee records that contain classified 
     information shall be provided in a manner consistent with 
     section VIII of these rules.
       C. Removal of Records.--Files and records of the Committee 
     are not to be removed from the Committee offices. No 
     Committee files or records that are not made publicly 
     available shall be photocopied by any Member.
       D. Executive Session Records.--Evidence or testimony 
     received by the Committee in executive session shall not be 
     released or made available to the public unless agreed to by 
     the Committee. Members may examine the Committee's executive 
     session records, but may not make copies of, or take personal 
     notes from, such records.
       E. Public Inspection.--The Committee shall keep a complete 
     record of all Committee action including recorded votes. 
     Information so available for public inspection shall include 
     a description of each amendment, motion, order or other 
     proposition and the name of each Member voting for and each 
     Member voting against each such amendment, motion, order, or 
     proposition, as well as the names of those Members present 
     but not voting. Such record shall be made available to the 
     public at reasonable times within the Committee offices.
       F. Separate and Distinct.--All Committee records and files 
     must be kept separate and distinct from the office records of 
     the Members serving as Chairman and Ranking Minority Member. 
     Records and files of Members' personal offices shall not be 
     considered records or files of the Committee.
       G. Disposition of Committee Records.--At the conclusion of 
     the 109th Congress, the records of the Committee shall be 
     delivered to the Archivist of the United States in accordance 
     with Rule VII of the Rules of the House.
       H. Archived 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. The Chairman shall notify the Ranking 
     Minority Member of any decision, pursuant to clause 3 (b)(3) 
     or clause 4 (b) of the Rule, to withhold a record otherwise 
     available, and the matter shall be presented to the Committee 
     for a determination on the written request of any member of 
     the Committee. The Chairman shall consult with the Ranking 
     Minority Member on any communication from the Archivist of 
     the United States or the Clerk of the House concerning the 
     disposition of noncurrent records pursuant to clause 3(b) of 
     the Rule.


          VIII. CLASSIFIED AND OTHER CONFIDENTIAL INFORMATION

       A. Security Precautions.--Committee staff offices, 
     including majority and minority offices, shall operate under 
     strict security precautions administered by the Security 
     Officer of the Committee. A security officer shall be on duty 
     at all times during normal office hours. Sensitive or 
     classified documents may be examined only in an appropriately 
     secure manner. Removal from the secure area of the 
     Committee's offices of such documents and other materials is 
     prohibited except with leave of the Chairman for use in 
     furtherance of Committee business, in accordance with 
     applicable security procedures.
       B. Temporary Custody of Executive Branch Material.--
     Executive branch documents or other materials containing 
     classified information in any form that were not made part of 
     the record of a Committee hearing, did not originate in the 
     Committee or the House, and are not otherwise records of the 
     Committee shall, while in the custody of the Committee, be 
     segregated and maintained by the Committee in the same manner 
     as Committee records that are classified. Such documents and 
     other materials shall be returned to the Executive branch 
     agency from which they were obtained at the earliest 
     practicable time.
       C. Access by Committee Staff.--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 Majority and Minority Staff 
     Directors.
       D. Maintaining Confidentiality.--No Member of the Committee 
     or Committee staff shall disclose, in whole or in part or by 
     way of summary, to any person who is not a Member of the 
     Committee or an authorized member of Committee staff for any 
     purpose or in connection with any proceeding, judicial or 
     otherwise, any testimony given before the Committee in 
     executive session. Classified information shall be handled in 
     accordance with all applicable provisions of law

[[Page H679]]

     and consistent with the provisions of these rules.
       E. Oath.--Before a Member or Committee staff member 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 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.
       F. Disciplinary Action.--The Chairman shall immediately 
     consider disciplinary action in the event any member of the 
     Committee staff fails to conform to the provisions of these 
     rules governing the disclosure of classified or unclassified 
     information. 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. With respect to 
     minority party staff, the Chairman shall consider such 
     disciplinary action in consultation with the Ranking Minority 
     Member.


                     IX. CHANGES TO COMMITTEE 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.

                          ____________________