[Congressional Record Volume 155, Number 48 (Thursday, March 19, 2009)]
[House]
[Pages H3678-H3682]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     PUBLICATION OF THE RULES OF THE PERMANENT SELECT COMMITTEE ON 
                      INTELLIGENCE, 111TH CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Texas (Mr. Reyes) is recognized for 5 minutes.
  Mr. REYES. Mr. Speaker, pursuant to clause 2(a)(1) of House Rule XI, 
I hereby submit the Rules of Procedure of the Permanent Select 
Committee on Intelligence for the 111th Congress, as adopted by the 
Committee on February 12, 2009.

Rules of Procedure, for the Permanent Select Committee on Intelligence, 
         United States House of Representatives, 111th Congress


                             1. meeting day

       Regular Meeting Day for the Full Committee. The regular 
     meeting day of the Committee for the transaction of Committee 
     business shall be the first Wednesday of each month, unless 
     otherwise directed by the Chair.


                         2. notice for meetings

       (a) Generally. In the case of any meeting of the Committee, 
     the Chief Clerk of the Committee shall provide reasonable 
     notice to every member of the Committee. Such notice shall 
     provide the time and place of the meeting.
       (b) Definition. For purposes of this rule, ``reasonable 
     notice'' means:
       (1) Written notification;
       (2) Delivered by facsimile transmission, regular mail, or 
     electronic mail that is:
       (A) Delivered no less than 24 hours prior to the event for 
     which notice is being given, if the event is to be held in 
     Washington, D.C.; or
       (B) Delivered no less than 48 hours prior to the event for 
     which notice is being given, if the event is to be held 
     outside Washington, D.C.
       (c) Exception. In extraordinary circumstances only, the 
     Chair may, after consulting with the Ranking Minority Member, 
     call a meeting of the Committee without providing notice, as 
     defined in subparagraph (b), to members of the Committee.


                 3. preparations for committee meetings

       (a) Generally. Designated Committee Staff, as directed by 
     the Chair, shall brief members of the Committee at a time 
     sufficiently prior to any Committee meeting in order to:
       (1) Assist Committee members in preparation for such 
     meeting; and
       (2) Determine which matters members wish considered during 
     any meeting.
       (b) Briefing Materials.
       (1) Such a briefing shall, at the request of a member, 
     include a list of all pertinent papers, and such other 
     materials, that have been obtained by the Committee that bear 
     on matters to be considered at the meeting; and
       (2) The Staff Director shall also recommend to the Chair 
     any testimony, papers, or other materials to be presented to 
     the Committee at the meeting of the Committee.


                            4. open meetings

       (a) Generally. Pursuant to House Rule XI, but subject to 
     the limitations of subsections (b) and (c), Committee 
     meetings held for the transaction of business and Committee 
     hearings shall be open to the public.
       (b) Meetings. Any meeting or portion thereof, for the 
     transaction of business, including the markup of legislation, 
     or any hearing or portion thereof, shall be closed to the 
     public, if the Committee determines by record vote in open 
     session, with a majority of the Committee present, that 
     disclosure of the matters to be discussed may:
       (1) Endanger national security;
       (2) Compromise sensitive law enforcement information;
       (3) Tend to defame, degrade, or incriminate any person; or
       (4) Otherwise violate any law or Rule of the House.
       (c) Hearings. The Committee may vote to close a Committee 
     hearing pursuant to clause 11(d)(2) of House Rule X, 
     regardless of whether a majority is present, so long as at 
     least two members of the Committee are present, one of whom 
     is a member of the Minority and votes upon the motion.
       (d) Briefings. Committee briefings shall be closed to the 
     public.


                               5. quorum

       (a) Hearings. For purposes of taking testimony, or 
     receiving evidence, a quorum shall consist of two Committee 
     members, at least one of whom is a member of the Majority.
       (b) Other Committee Proceedings. For purposes of the 
     transaction of all other Committee business, other than the 
     consideration of a motion to close a hearing as described in 
     rule 4(c), a quorum shall consist of a majority of members.


                 6. procedures for amendments and votes

       (a) Amendments. When a bill or resolution is being 
     considered by the Committee, members shall provide the Chief 
     Clerk in a timely manner with a sufficient number of written 
     copies of any amendment offered, so as to enable each member 
     present to receive a copy thereof prior to taking action. A 
     point of order may be made against any amendment not reduced 
     to writing. A copy of each such amendment shall be maintained 
     in the public records of the Committee.
       (b) Reporting Record Votes. Whenever the Committee reports 
     any measure or matter by record vote, the report of the 
     Committee upon such measure or matter shall include a 
     tabulation of the votes cast in favor of, and the votes cast 
     in opposition to, such measure or matter.
       (c) Postponement of Further Proceedings. In accordance with 
     clause 2(h) of House Rule XI, the Chair is authorized to 
     postpone further proceedings when a record vote is ordered on 
     the question of approving a measure or matter or adopting an 
     amendment. The Chair may resume proceedings on a postponed 
     request at any time after reasonable notice. 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.
       (d) Availability of Record Votes on Committee Website. In 
     addition to any other requirement of the Rules of the House, 
     the Chair shall make the record votes on any measure or 
     matter on which a record vote is taken, other than a motion 
     to close a Committee hearing, briefing, or meeting, available 
     on the Committee's website not later than 2 business days 
     after such vote is taken. Such record shall include an 
     unclassified description of the amendment, motion, order, or 
     other proposition, the name of each member voting in favor 
     of, and each member voting in opposition to, such amendment, 
     motion, order, or proposition, and the names of those members 
     of the Committee present but not voting.


                            7. subcommittees

       (a) Generally.

[[Page H3679]]

       (1) Creation of subcommittees shall be by majority vote of 
     the Committee.
       (2) Subcommittees shall deal with such legislation and 
     oversight of programs and policies as the Committee may 
     direct.
       (3) Subcommittees shall be governed by these rules.
       (4) For purposes of these rules, any reference herein to 
     the ``Committee'' shall be interpreted to include 
     subcommittees, unless otherwise specifically provided.
       (b) Establishment of Subcommittees. The Committee 
     establishes the following subcommittees:
       (1) Subcommittee on Terrorism, Human Intelligence, 
     Analysis, and Counterintelligence;
       (2) Subcommittee on Technical and Tactical Intelligence;
       (3) Subcommittee on Oversight and Investigations; and,
       (4) Subcommittee on Intelligence Community Management.
       (c) Subcommittee Membership.
       (1) Generally. Each member of the Committee may be assigned 
     to at least one of the four subcommittees.
       (2) Ex Officio Membership. In the event that the Chair and 
     Ranking Minority Member of the full Committee do not choose 
     to sit as regular voting members of one or more of the 
     subcommittees, each is authorized to sit as an ex officio 
     member of the subcommittees and participate in the work of 
     the subcommittees. When sitting ex officio, however, they:
       (A) Shall not have a vote in the subcommittee; and
       (B) Shall not be counted for purposes of determining a 
     quorum.
       (d) Regular Meeting Day for Subcommittees. There is no 
     regular meeting day for subcommittees.


        8. procedures for taking testimony or receiving evidence

       (a) Notice. Adequate notice shall be given to all witnesses 
     appearing before the Committee.
       (b) Oath or Affirmation. The Chair may require testimony of 
     witnesses to be given under oath or affirmation.
       (c) Administration of Oath or Affirmation. Upon the 
     determination that a witness shall testify under oath or 
     affirmation, any member of the Committee designated by the 
     Chair may administer the oath or affirmation.
       (d) Questioning of Witnesses.
       (1) Generally. Questioning of witnesses before the 
     Committee shall be conducted by members of the Committee.
       (2) Exceptions.
       (A) The Chair, in consultation with the Ranking Minority 
     Member, may determine that Committee Staff will be authorized 
     to question witnesses at a hearing in accordance with clause 
     (2)(j) of House Rule XI.
       (B) The Chair and Ranking Minority Member are each 
     authorized to designate Committee Staff to conduct such 
     questioning.
       (e) Counsel for the Witness.
       (1) Generally. Witnesses before the Committee may be 
     accompanied by counsel, subject to the requirements of 
     paragraph (2).
       (2) Counsel Clearances Required. In the event that a 
     meeting of the Committee has been closed because the subject 
     to be discussed deals with classified information, counsel 
     accompanying a witness before the Committee must possess the 
     requisite security clearance and provide proof of such 
     clearance to the Committee at least 24 hours prior to the 
     meeting at which the counsel intends to be present.
       (3) Failure to Obtain Counsel. Any witness who is unable to 
     obtain counsel should notify the Committee. If such 
     notification occurs at least 24 hours prior to the witness' 
     appearance before the Committee, the Committee shall then 
     endeavor to obtain voluntary counsel for the witness. Failure 
     to obtain counsel, however, will not excuse the witness from 
     appearing and testifying.
       (4) Conduct of Counsel for Witnesses. Counsel for witnesses 
     appearing before the Committee shall conduct themselves 
     ethically and professionally at all times in their dealings 
     with the Committee.
       (A) A majority of members of the Committee may, should 
     circumstances warrant, find that counsel for a witness before 
     the Committee failed to conduct himself or herself in an 
     ethical or professional manner.
       (B) Upon such finding, counsel may be subject to 
     appropriate disciplinary action.
       (5) Temporary Removal of Counsel. The Chair may remove 
     counsel during any proceeding before the Committee for 
     failure to act in an ethical and professional manner.
       (6) Committee Reversal. A majority of the members of the 
     Committee may vote to overturn the decision of the Chair to 
     remove counsel for a witness.
       (7) Role of Counsel for Witness.
       (A) Counsel for a witness:
       (i) Shall not be allowed to examine witnesses before the 
     Committee, either directly or through cross-examination; but
       (ii) May submit questions in writing to the Committee that 
     counsel wishes propounded to a witness; or
       (iii) May suggest, in writing to the Committee, the 
     presentation of other evidence or the calling of other 
     witnesses.
       (B) The Committee may make such use of any such questions, 
     or suggestions, as the Committee deems appropriate.
       (f) Statements by Witnesses.
       (1) Generally. A witness may make a statement, which shall 
     be brief and relevant, at the beginning and at the conclusion 
     of the witness' testimony.
       (2) Length. Each such statement shall not exceed five 
     minutes in length, unless otherwise determined by the Chair.
       (3) Submission to the Committee. Any witness desiring to 
     submit a written statement for the record of the proceeding 
     shall submit a copy of the statement to the Chief Clerk of 
     the Committee.
       (A) Such statements shall ordinarily be submitted no less 
     than 48 hours in advance of the witness' appearance before 
     the Committee and shall be submitted in written and 
     electronic format.
       (B) In the event that the hearing was called with less than 
     24 hours notice, written statements should be submitted as 
     soon as practicable prior to the hearing.
       (g) Objections and Ruling.
       (1) Generally. Any objection raised by a witness, or 
     counsel for the witness, shall be ruled upon by the Chair, 
     and such ruling shall be the ruling of the Committee.
       (2) Committee Action. A ruling by the Chair may be 
     overturned upon a majority vote of the Committee.
       (h) Transcripts.
       (1) Transcript Required. A transcript shall be made of the 
     testimony of each witness appearing before the Committee 
     during any hearing of the Committee.
       (2) Opportunity to Inspect. Any witness testifying before 
     the Committee shall be given a reasonable opportunity to 
     inspect the transcript of the hearing, and may be accompanied 
     by counsel to determine whether such testimony was correctly 
     transcribed. Such counsel:
       (A) May review the transcript only if he or she has the 
     appropriate security clearances necessary to review any 
     classified aspect of the transcript; and
       (B) Should, to the extent possible, be the same counsel 
     that was present for such classified testimony.
       (3) Corrections.
       (A) Pursuant to Rule XI of the House Rules, any corrections 
     the witness desires to make in a transcript shall be limited 
     to technical, grammatical, and typographical corrections.
       (B) Corrections may not be made to change the substance of 
     the Testimony.
       (C) Such corrections shall be submitted in writing to the 
     Committee within 7 days after the transcript is made 
     available to the witnesses.
       (D) Any questions arising with respect to such corrections 
     shall be decided by the Chair.
       (4) Copy for the Witness. At the request of the witness, 
     any portion of the witness' testimony given in executive 
     session shall be made available to that witness if that 
     testimony is: subsequently quoted or intended to be made part 
     of a public record. Such testimony shall be made available to 
     the witness at the witness' expense.
       (i) Requests to Testify.
       (1) Generally. The Committee will consider requests to 
     testify on any matter or measure pending before the 
     Committee.
       (2) Recommendations for Additional Evidence. Any person who 
     believes that testimony, other evidence, or commentary, 
     presented at a public hearing may tend to affect adversely 
     that person's reputation may submit to the Committee, in 
     writing:
       (A) A request to appear personally before the Committee;
       (B) A sworn statement of facts relevant to the testimony, 
     evidence, or commentary; or
       (C) Proposed questions for the cross-examination of other 
     witnesses.
       (3) Committee Discretion. The Committee may take those 
     actions it deems appropriate with respect to such requests.
       (j) Contempt Procedures. Citations for contempt of Congress 
     shall be forwarded to the House only if:
       (1) Reasonable notice is provided to all members of the 
     Committee of a meeting to be held to consider any such 
     contempt recommendations;
       (2) The Committee has met and considered the contempt 
     allegations;
       (3) The subject of the allegations was afforded an 
     opportunity to state either in writing or in person, why he 
     or she should not be held in contempt; and
       (4) The Committee agreed by majority vote to forward the 
     citation recommendations to the House.
       (k) Release of Name of Witness.
       (1) Generally. At the request of a witness scheduled to be 
     heard by the Committee, the name of that witness shall not be 
     released publicly prior to, or after, the witness' appearance 
     before the Committee.
       (2) Exceptions. Notwithstanding paragraph (1), the Chair 
     may authorize the release to the public of the name of any 
     witness scheduled to appear before the Committee.


                           9. investigations

       (a) Commencing Investigations. The Committee shall conduct 
     investigations only if approved by the Chair, in consultation 
     with the Ranking Minority Member.
       (b) Conducting Investigations. An authorized investigation 
     may be conducted by members of the Committee or Committee 
     Staff designated by the Chair, in consultation with the 
     Ranking Minority Member, to undertake any such investigation.


                             10. subpoenas

       (a) Generally. All subpoenas shall be authorized by the 
     Chair of the full Committee, upon consultation with the 
     Ranking Minority Member, or by vote of the Committee.
       (b) Subpoena Contents. Any subpoena authorized by the Chair 
     of the full Committee, or the Committee, may compel:

[[Page H3680]]

       (1) The attendance of witnesses and testimony before the 
     Committee; or
       (2) The production of memoranda, documents, records, or any 
     other tangible item.
       (c) Signing of Subpoena. A subpoena authorized by the Chair 
     of the full Committee, or the Committee, may be signed by the 
     Chair, or by any member of the Committee designated to do so 
     by the Committee.
       (d) Subpoena Service. A subpoena authorized by the Chair of 
     the full Committee, or the Committee, may be served by any 
     person designated to do so by the Chair.
       (e) Other Requirements. Each subpoena shall have attached 
     thereto a copy of these rules.


                          11. committee staff

       (a) Definition. For the purpose of these rules, ``Committee 
     Staff'' or ``Staff of the Committee'' means:
       (1) Employees of the Committee;
       (2) Consultants to the Committee;
       (3) Employees of other Government agencies detailed to the 
     Committee; or
       (4) Any other person engaged by contract, or otherwise, to 
     perform services for, or at the request of, the Committee.
       (b) Appointment of Committee Staff and Security 
     Requirements.
       (1) Chair's Authority. Except as provided in paragraph (2), 
     the Committee Staff shall be appointed, and may be removed, 
     by the Chair and shall work under the general supervision and 
     direction of the Chair.
       (2) Staff Assistance to Minority Membership. Except as 
     provided in paragraphs (3) and (4), and except as otherwise 
     provided by Committee Rules, the Committee Staff provided to 
     the Minority Party members of the Committee shall be 
     appointed, and may be removed, by the Ranking Minority Member 
     of the Committee, and shall work under the general 
     supervision and direction of such member.
       (3) Security Clearance Required. All offers of employment 
     for prospective Committee Staff positions shall be contingent 
     upon:
       (A) The results of a background investigation; and
       (B) A determination by the Chair that requirements for the 
     appropriate security clearances have been met.
       (4) Security Requirements. Notwithstanding paragraph (2), 
     the Chair shall supervise and direct the Committee Staff with 
     respect to the security and nondisclosure of classified 
     information. Committee Staff shall comply with requirements 
     necessary to ensure the security and nondisclosure of 
     classified information as determined by the Chair in 
     consultation with the Ranking Minority Member.


      12. limit on discussion of classified work of the committee

       (a) Prohibition.
       (1) Generally. Except as otherwise provided by these rules 
     and the Rules of the House of Representatives, members of the 
     Committee and Committee Staff shall not at any time, either 
     during that person's tenure as a member of the Committee or 
     as Committee Staff, or anytime thereafter, discuss or 
     disclose, or cause to be discussed or disclosed:
       (A) The classified substance of the work of the Committee;
       (B) Any information received by the Committee in executive 
     session;
       (C) Any classified information received by the Committee 
     from any source; or
       (D) The substance of any hearing that was closed to the 
     public pursuant to these rules or the Rules of the House.
       (2) Non-Disclosure in Proceedings.
       (A) Members of the Committee and the Committee Staff shall 
     not discuss either the substance or procedure of the work of 
     the Committee with any person not a member of the Committee 
     or the Committee Staff in connection with any proceeding, 
     judicial or otherwise, either during the person's tenure 
     as a member of the Committee, or of the Committee Staff, 
     or at any time thereafter, except as directed by the 
     Committee in accordance with the Rules of the House and 
     these rules.
       (B) In the event of the termination of the Committee, 
     members and Committee Staff shall be governed in these 
     matters in a manner determined by the House concerning 
     discussions of the classified work of the Committee.
       (3) Exceptions.
       (A) Notwithstanding the provisions of subsection (a)(1), 
     members of the Committee and the Committee Staff may discuss 
     and disclose those matters described in subsection (a)(1) 
     with:
       (i) Members and staff of the Senate Select Committee on 
     Intelligence designated by the chair of that committee;
       (ii) The chairmen and ranking minority members of the House 
     and Senate Committees on Appropriations and staff of those 
     committees designated by the chairmen of those committees;
       (iii) The chair and ranking minority member of the 
     Subcommittee on Defense of the House Committee on 
     Appropriations and staff of that subcommittee as designated 
     by the chair of that subcommittee; and
       (iv) Members and staff of the Intelligence Oversight Panel 
     of the House Appropriations Committee as designated by the 
     chair of that panel.
       (B) Notwithstanding the provisions of subsection (a)(1), 
     members of the Committee and the Committee Staff may discuss 
     and disclose only that budget-related information necessary 
     to facilitate the enactment of the annual defense 
     authorization bill with the chairmen and ranking minority 
     members of the House and Senate Committees on Armed Services 
     and the staff of those committees as designated by the 
     chairmen of those committees.
       (C) Notwithstanding the provisions of subsection (a)(1), 
     members of the Committee and the Committee Staff may discuss 
     with and disclose to the chair and ranking minority member of 
     a subcommittee of the House Appropriations Committee with 
     jurisdiction over an agency or program within the National 
     Intelligence Program (NIP), and staff of that subcommittee as 
     designated by the chair of that subcommittee, only that 
     budget-related information necessary to facilitate the 
     enactment of an appropriations bill within which is included 
     an appropriation for an agency or program within the NIP.
       (D) The Chair may, in consultation with the Ranking 
     Minority Member, upon the written request to the Chair from 
     the Inspector General of an element of the Intelligence 
     Community, grant access to Committee transcripts or documents 
     that are relevant to an investigation of an allegation of 
     possible false testimony or other inappropriate conduct 
     before the Committee, or that are otherwise relevant to the 
     Inspector General's investigation.
       (E) Upon the written request of the head of an Intelligence 
     Community element, the Chair may, in consultation with the 
     Ranking Minority Member, make available Committee briefing or 
     hearing transcripts to that element for review by that 
     element if a representative of that element testified, 
     presented information to the Committee, or was present at the 
     briefing or hearing the transcript of which is requested for 
     review.
       (F) Members and Committee Staff may discuss and disclose 
     such matters as otherwise directed by the Committee.
       (b) Non-Disclosure Agreement.
       (1) Generally. All Committee Staff must, before joining the 
     Committee Staff, agree in writing, as a condition of 
     employment, not to divulge or cause to be divulged any 
     classified information which comes into such person's 
     possession while a member of the Committee Staff, to any 
     person not a member of the Committee or the Committee Staff, 
     except as authorized by the Committee in accordance with the 
     Rules of the House and these rules.
       (2) Other Requirements. In the event of the termination of 
     the Committee, members and Committee Staff must follow any 
     determination by the House of Representatives with respect to 
     the protection of classified information received while a 
     member of the Committee or as Committee Staff.
       (3) Requests for Testimony of Staff.
       (A) All Committee Staff must, as a condition of employment, 
     agree in writing to notify the Committee immediately of any 
     request for testimony received while a member of the 
     Committee Staff, or at any time thereafter, concerning any 
     classified information received by such person while a member 
     of the Committee Staff.
       (B) Committee Staff shall not disclose, in response to any 
     such request for testimony, any such classified information, 
     except as authorized by the Committee in accordance with the 
     Rules of the House and these rules.
       (C) In the event of the termination of the Committee, 
     Committee Staff will be subject to any determination made by 
     the House of Representatives with respect to any requests for 
     testimony involving classified information received while a 
     member of the Committee Staff.


                        13. CLASSIFIED MATERIAL

       (a) Receipt of Classified Information.
       (1) Generally. In the case of any information that has been 
     classified under established security procedures and 
     submitted to the Committee by any source, the Committee shall 
     receive such classified information as executive session 
     material.
       (2) Staff Receipt of Classified Materials. For purposes of 
     receiving classified information, the Committee Staff is 
     authorized to accept information on behalf of the Committee.
       (b) Non-Disclosure of Classified Information. Any 
     classified information received by the Committee, from any 
     source, shall not be disclosed to any person not a member of 
     the Committee or the Committee Staff, or otherwise released, 
     except as authorized by the Committee in accordance with the 
     Rules of the House and these rules.
       (c) Exception for Non-Exclusive Materials.
       (1) Non-Exclusive Materials. Any materials provided to the 
     Committee by the executive branch, if provided in whole or in 
     part for the purpose of review by members who are not members 
     of the Committee, shall be received or held by the Committee 
     on a non-exclusive basis. Classified information provided to 
     the Committee shall be considered to have been provided on an 
     exclusive basis unless the executive branch provides a 
     specific, written statement to the contrary.
       (2) Access for Non-Committee Members. In the case of 
     materials received on a non-exclusive basis, the Chair, in 
     consultation with the Ranking Minority Member, may grant non-
     Committee members access to such materials in accordance with 
     the requirements of Rule 14(f)(4), notwithstanding paragraphs 
     (1), (2), and (3) of Rule 14.


      14. PROCEDURES RELATED TO HANDLING OF CLASSIFIED INFORMATION

       (a) Security Measures.
       (1) Strict Security. The Committee's offices shall operate 
     under strict security procedures administered by the Director 
     of Security and Registry of the Committee under the direct 
     supervision of the Staff Director.
       (2) U.S. Capitol Police Presence Required. At least one 
     U.S. Capitol Police officer shall

[[Page H3681]]

     be on duty at all times outside the entrance to Committee 
     offices to control entry of all persons to such offices.
       (3) Identification Required. Before entering the 
     Committee's offices all persons shall identify themselves to 
     the U.S. Capitol Police officer described in paragraph (2) 
     and to a member of the Committee or Committee Staff.
       (4) Maintenance of Classified Materials. Classified 
     documents shall be segregated and maintained in approved 
     security storage locations.
       (5) Examination of Classified Materials. Classified 
     documents in the Committee's possession shall be examined in 
     an appropriately secure manner.
       (6) Prohibition on Removal of Classified Materials. Removal 
     of any classified document from the Committee's offices is 
     strictly prohibited, except as provided by these rules.
       (7) Exception. Notwithstanding the prohibition set forth in 
     paragraph (6), a classified document, or copy thereof, may be 
     removed from the Committee's offices in furtherance of 
     official Committee business. Appropriate security procedures 
     shall govern the handling of any classified documents removed 
     from the Committee's offices.
       (b) Access to Classified Information by Members. All 
     members of the Committee shall at all times have access to 
     all classified papers and other material received by the 
     Committee from any source.
       (c) Need-to-know.
       (1) Generally. Committee Staff shall have access to any 
     classified information provided to the Committee on a strict 
     ``need-to-know'' basis, as determined by the Committee, and 
     under the Committee's direction by the Staff Director.
       (2) Appropriate Clearances Required. Committee Staff must 
     have the appropriate clearances prior to any access to 
     compartmented information.
       (d) Oath.
       (1) Requirement. Before any member of the Committee, or the 
     Committee Staff, shall have access to classified information, 
     the following oath shall be executed:
       ``I do solemnly swear (or affirm) that I will not disclose 
     or cause to be disclosed any classified information received 
     in the course of my service on the House Permanent Select 
     Committee on Intelligence, except when authorized to do so by 
     the Committee or the House of Representatives.''
       (2) Copy. A copy of such executed oath shall be retained in 
     the files of the Committee.
       (e) Registry.
       (1) Generally. The Committee shall maintain a registry 
     that:
       (A) Provides a brief description of the content of all 
     classified documents provided to the Committee by the 
     executive branch that remain in the possession of the 
     Committee; and
       (B) Lists by number all such documents.
       (2) Designation by the Staff Director. The Staff Director 
     shall designate a member of the Committee Staff to be 
     responsible for the organization and daily maintenance of 
     such registry.
       (3) Availability. Such registry shall be available to all 
     members of the Committee and Committee Staff.
       (f) Requests by Members of Other Committees. Pursuant to 
     the Rules of the House, members who are not members of the 
     Committee may be granted access to such classified 
     transcripts, records, data, charts, or files of the 
     Committee, and be admitted on a non-participatory basis to 
     classified hearings of the Committee involving discussions of 
     classified material in the following manner:
       (1) Written Notification Required. Members who desire to 
     examine classified materials in the possession of the 
     Committee, or to attend Committee hearings or briefings on a 
     non-participatory basis, must notify the Chief Clerk of the 
     Committee in writing. Such notification shall state with 
     specificity the justification for the request and the need 
     for access.
       (2) Committee Consideration. The Committee shall consider 
     each such request by non-Committee members at the earliest 
     practicable opportunity. The Committee shall determine, by 
     record vote, what action it deems appropriate in light of all 
     of the circumstances of each request. In its determination, 
     the Committee shall consider:
       (A) The sensitivity to the national defense or the 
     confidential conduct of the foreign relations of the United 
     States of the information sought;
       (B) The likelihood of its being directly or indirectly 
     disclosed;
       (C) The jurisdictional interest of the member making the 
     request; and
       (D) Such other concerns, constitutional or otherwise, as 
     may affect the public interest of the United States.
       (3) Committee Action. After consideration of the member's 
     request, the Committee may take any action it deems 
     appropriate under the circumstances, including but not 
     limited to:
       (A) Approving the request, in whole or part;
       (B) Denying the request;
       (C) Providing the requested information or material in a 
     different form than that sought by the member; or
       (D) Making the requested information or material available 
     to all members of the House.
       (4) Requirements for Access by Non-Committee Members. Prior 
     to a non-Committee member being given access to classified 
     information pursuant to this subsection, the requesting 
     member shall:
       (A) Provide the Committee a copy of the oath executed by 
     such member pursuant to House Rule XXIII, clause 13; and
       (B) Agree in writing not to divulge any classified 
     information provided to the member, pursuant to this 
     subsection, to any person not a member of the Committee or 
     the Committee Staff, except as otherwise authorized by the 
     Committee in accordance with the Rules of the House and these 
     rules.
       (5) Consultation Authorized. When considering a member's 
     request, the Committee may consult the Director of National 
     Intelligence and such other officials it considers necessary.
       (6) Finality of Committee Decision.
       (A) Should the member making such a request disagree with 
     the Committee's determination with respect to that request, 
     or any part thereof, that member must notify the Committee in 
     writing of such disagreement.
       (B) The Committee shall subsequently consider the matter 
     and decide, by record vote, what further action or 
     recommendation, if any, the Committee will take.
       (g) Advising the House or Other Committees. Pursuant to 
     Section 501 of the National Security Act of 1947 (50 U.S.C. 
     413), and to the Rules of the House, the Committee shall call 
     to the attention of the House, or to any other appropriate 
     committee of the House, those matters requiring the attention 
     of the House, or such other committee, on the basis of the 
     following provisions:
       (1) By Request of Committee Member. At the request of any 
     member of the Committee to call to the attention of the 
     House, or any other committee, executive session material in 
     the Committee's possession, the Committee shall meet at the 
     earliest practicable opportunity to consider that request.
       (2) Committee Consideration of Request. The Committee shall 
     consider the following factors, among any others it deems 
     appropriate:
       (A) The effect of the matter in question on the national 
     defense or the foreign relations of the United States;
       (B) Whether the matter in question involves sensitive 
     intelligence sources and methods;
       (C) Whether the matter in question otherwise raises 
     questions affecting the national interest; and
       (D) Whether the matter in question affects matters within 
     the jurisdiction of another Committee of the House.
       (3) Views of Other Committees. In examining such factors, 
     the Committee may seek the opinion of members of the 
     Committee appointed from standing committees of the House 
     with jurisdiction over the matter in question, or submissions 
     from such other committees.
       (4) Other Advice. The Committee may, during its 
     deliberations on such requests, seek the advice of any 
     executive branch official.
       (h) Reasonable Opportunity to Examine Materials. Before the 
     Committee makes any decision regarding any request for access 
     to any classified information in its possession, or a 
     proposal to bring any matter to the attention of the House or 
     another committee, members of the Committee shall have a 
     reasonable opportunity to examine all pertinent testimony, 
     documents, or other materials in the Committee's possession 
     that may inform their decision on the question.
       (i) Notification to the House. The Committee may bring a 
     matter to the attention of the House when, after 
     consideration of the factors set forth in this rule, it 
     considers the matter in question so grave that it requires 
     the attention of all members of the House, and time is of the 
     essence, or for any reason the Committee finds compelling.
       (j) Method of Disclosure to the House.
       (1) Should the Committee decide by record vote that a 
     matter requires the attention of the House as described in 
     subsection (i), it shall make arrangements to notify the 
     House promptly.
       (2) In such cases, the Committee shall consider whether:
       (A) To request an immediate secret session of the House 
     (with time equally divided between the Majority and the 
     Minority); or
       (B) To publicly disclose the matter in question pursuant to 
     clause 11(g) of House Rule X.
       (k) Requirement to Protect Sources and Methods. In bringing 
     a matter to the attention of the House, or another committee, 
     the Committee, with due regard for the protection of 
     intelligence sources and methods, shall take all necessary 
     steps to safeguard materials or information relating to the 
     matter in question.
       (l) Availability of Information to Other Committees. The 
     Committee, having determined that a matter shall be brought 
     to the attention of another committee, shall ensure that such 
     matter, including all classified information related to that 
     matter, is promptly made available to the chair and ranking 
     minority member of such other committee.
       (m) Provision of Materials. The Director of Security and 
     Registry for the Committee shall provide a copy of these 
     rules, and the applicable portions of the Rules of the House 
     of Representatives governing the handling of classified 
     information, along with those materials determined by the 
     Committee to be made available to such other committee of the 
     House or non-Committee member.
       (n) Ensuring Clearances and Secure Storage. The Director of 
     Security and Registry shall ensure that such other committee 
     or non-Committee member receiving such classified materials 
     may properly store classified materials in a manner 
     consistent with all

[[Page H3682]]

     governing rules, regulations, policies, procedures, and 
     statutes.
       (o) Log. The Director of Security and Registry for the 
     Committee shall maintain a written record identifying the 
     particular classified document or material provided to such 
     other committee or non-Committee member, the reasons agreed 
     upon by the Committee for approving such transmission, and 
     the name of the committee or non-Committee member receiving 
     such document or material.
       (p) Miscellaneous Requirements.
       (1) Staff Director's Additional Authority. The Staff 
     Director is further empowered to provide for such additional 
     measures, which he or she deems necessary, to protect such 
     classified information authorized by the Committee to be 
     provided to such other committee or non-Committee member.
       (2) Notice to Originating Agency. In the event that the 
     Committee authorizes the disclosure of classified information 
     provided to the Committee by an agency of the executive 
     branch to a non-Committee member or to another committee, the 
     Chair may notify the providing agency of the Committee's 
     action prior to the transmission of such classified 
     information.


                        15. LEGISLATIVE CALENDAR

       (a) Generally. The Chief Clerk, under the direction of the 
     Staff Director, shall maintain a printed calendar that lists:
       (1) The legislative measures introduced and referred to the 
     Committee;
       (2) The status of such measures; and
       (3) Such other matters that the Committee may require.
       (b) Revisions to the Calendar. The calendar shall be 
     revised from time to time to show pertinent changes.
       (c) Availability. A copy of each such revision shall be 
     furnished to each member, upon request.
       (d) Consultation with Appropriate Government Entities. 
     Unless otherwise directed by the Committee, legislative 
     measures referred to the Committee may be referred by the 
     Chief Clerk to the appropriate department or agency of the 
     Government for reports thereon.


                         16. COMMITTEE WEBSITE

       The Chair shall maintain an official Committee web site for 
     the purpose of furthering the Committee's legislative and 
     oversight responsibilities, including communicating 
     information about the Committee's activities to Committee 
     members and other members of the House.


                    17. MOTIONS TO GO TO CONFERENCE

       In accordance with clause 2(a) of House Rule XI, the Chair 
     is authorized and directed to offer a privileged motion to go 
     to conference under clause 1 of House Rule XXII whenever the 
     Chair considers it appropriate.


                          18. COMMITTEE TRAVEL

       (a) Authority. The Chair may authorize members and 
     Committee Staff to travel on Committee business.
       (b) Requests.
       (1) Member Requests. Members requesting authorization for 
     such travel shall state the purpose and length of the trip, 
     and shall submit such request directly to the Chair.
       (2) Committee Staff Requests. Committee Staff requesting 
     authorization for such travel shall state the purpose and 
     length of the trip, and shall submit such request through 
     their supervisors to the Staff Director and the Chair.
       (c) Notification to Members.
       (1) Generally. Members shall be notified of all foreign 
     travel of Committee Staff not accompanying a member.
       (2) Content. All members are to be advised, prior to the 
     commencement of such travel, of its length, nature, and 
     purpose.
       (d) Trip Reports.
       (1) Generally. A full report of all issues discussed during 
     any travel shall be submitted to the Chief Clerk of the 
     Committee within a reasonable period of time following the 
     completion of such trip.
       (2) Availability of Reports. Such report shall be:
       (A) Available for review by any member or appropriately 
     cleared Committee Staff; and
       (B) Considered executive session material for purposes of 
     these rules.
       (e) Limitations on Travel.
       (1) Generally. The Chair is not authorized to permit travel 
     on Committee business of Committee Staff who have not 
     satisfied the requirements of subsection (d) of this rule.
       (2) Exception. The Chair may authorize Committee Staff to 
     travel on Committee business, notwithstanding the 
     requirements of subsections (d) and (e) of this rule,
       (A) At the specific request of a member of the Committee; 
     or
       (B) In the event there are circumstances beyond the control 
     of the Committee Staff hindering compliance with such 
     requirements.
       (f) Definitions. For purposes of this rule the term 
     ``reasonable period of time'' means:
       (1) No later than 60 days after returning from a foreign 
     trip; and
       (2) No later than 30 days after returning from a domestic 
     trip.


                        19. DISCIPLINARY ACTIONS

       (a) Generally. The Committee shall immediately consider 
     whether disciplinary action shall be taken in the case of any 
     member of the Committee Staff alleged to have failed to 
     conform to any rule of the House of Representatives or to 
     these rules.
       (b) Exception. In the event the House of Representatives 
     is:
       (1) In a recess period in excess of 3 days; or
       (2) Has adjourned sine die; the Chair of the full 
     Committee, in consultation with the Ranking Minority Member, 
     may take such immediate disciplinary actions deemed 
     necessary.
       (c) Available Actions. Such disciplinary action may include 
     immediate dismissal from the Committee Staff.
       (d) Notice to Members. All members shall be notified as 
     soon as practicable, either by facsimile transmission or 
     regular mail, of any disciplinary action taken by the Chair 
     pursuant to subsection (b).
       (e) Reconsideration of Chair's Actions. A majority of the 
     members of the full Committee may vote to overturn the 
     decision of the Chair to take disciplinary action pursuant to 
     subsection (b).


                  20. BROADCASTING COMMITTEE MEETINGS

       Whenever any hearing or meeting conducted by the Committee 
     is open to the public, a majority of the Committee may permit 
     that hearing or meeting to be covered, in whole or in part, 
     by television broadcast, radio broadcast, and still 
     photography, or by any of such methods of coverage, subject 
     to the provisions and in accordance with the spirit of the 
     purposes enumerated in the Rules of the House.


       21. COMMITTEE RECORDS TRANSFERRED TO THE NATIONAL ARCHIVES

       (a) Generally. The records of the Committee at the National 
     Archives and Records Administration shall be made available 
     for public use in accordance with the Rules of the House of 
     Representatives.
       (b) Notice of Withholding. The Chair shall notify the 
     Ranking Minority Member of any decision, pursuant to the 
     Rules of the House of Representatives, to withhold a record 
     otherwise available, and the matter shall be presented to the 
     full Committee for a determination of the question of public 
     availability on the written request of any member of the 
     Committee.


                          22. CHANGES IN RULES

       (a) Generally. These rules may be modified, amended, or 
     repealed by vote of the full Committee.
       (b) Notice of Proposed Changes. A notice, in writing, of 
     the proposed change shall be given to each member at least 48 
     hours prior to any meeting at which action on the proposed 
     rule change is to be taken.

                          ____________________