[Congressional Record Volume 159, Number 12 (Tuesday, January 29, 2013)]
[House]
[Pages H295-H299]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     PUBLICATION OF COMMITTEE RULES


   RULES OF THE COMMITTEE ON HOMELAND SECURITY FOR THE 113TH CONGRESS

                                         House of Representatives,


                               Committee on Homeland Security,

                                  Washington DC, January 28, 2013.
     Hon. John A. Boehner,
     Speaker, House of Representatives, Washington, DC.
       Dear Mr. Speaker: Pursuant to clause 2(a) of rule XI of the 
     Rules of the House of Representatives, I submit the Rules of 
     the Committee on Homeland Security for the 113th Congress for 
     publication in the Congressional Record. On January 23, 2013, 
     the Committee on Homeland Security met in open session and 
     adopted these Committee Rules by unanimous consent, a quorum 
     being present.
           Sincerely,
                                                Michael T. McCaul,
                                                         Chairman.


                      Rule I.--GENERAL PROVISIONS.

       (A) Applicability of the Rules of the U.S. House of 
     Representatives.--The Rules of the

[[Page H296]]

     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 
     mentioned, 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.--Clause 2(d) of Rule XI 
     of the House shall govern the designation of a Vice Chairman 
     of the Full Committee.
       (D) Recommendation of Conferees.--Whenever the Speaker of 
     the House is to appoint a conference committee on a matter 
     within the jurisdiction of the Full Committee, the Chairman 
     shall recommend to the Speaker of the House conferees from 
     the Full 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.
       (E) Motions to Disagree.--The Chairman is authorized to 
     offer a motion under clause 1 of Rule XXII of the Rules of 
     the House whenever the Chairman considers it appropriate.
       (F) Committee Website.--The Chairman shall maintain an 
     official Committee web site for the purposes of furthering 
     the Committee's legislative and oversight responsibilities, 
     including communicating information about the Committee's 
     activities to Committee Members, other Members, and the 
     public at large. The Ranking Minority Member may maintain a 
     similar web site for the same purposes. The official 
     Committee web site shall display a link on its home page to 
     the web site maintained by the Ranking Minority Member.
       (G) Activity Report.--Not later than January 2 of each 
     year, the Committee shall submit to the House a report on the 
     activities of the Committee. After adjournment sine die of a 
     regular session of Congress, or after December 15, whichever 
     occurs first, the Chair may file the report with the Clerk at 
     any time and without approval of the Committee provided that 
     a copy of the report has been available to each Member of the 
     Committee for at least seven calendar days and the report 
     includes any supplemental, minority, or additional views 
     submitted by a Member of the Committee.


                      Rule II.--COMMITTEE PANELS.

       (A) Designation.--The Chairman of the Full Committee, with 
     the concurrence of the Ranking Minority Member, 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 warrant enhanced consideration and to report to 
     the Committee.
       (B) Duration.--No panel appointed by the Chairman shall 
     continue in existence for more than six months after the 
     appointment.
       (C) Party Ratios and Appointment.--Consistent with the 
     party ratios established by the Majority party, all Majority 
     members of the panels shall be appointed by the Chairman of 
     the Committee, and all Minority members shall be appointed by 
     the Ranking Minority Member of the Committee. The Chairman of 
     the Committee shall choose one of the Majority Members so 
     appointed who does not currently chair another Subcommittee 
     of the Committee to serve as Chairman of the panel. The 
     Ranking Minority Member of the Committee shall similarly 
     choose the Ranking Minority Member of the panel.
       (D) Ex Officio Members.--The Chairman and Ranking Minority 
     Member of the Full Committee may serve as ex-officio Members 
     of each committee panel but are not authorized to vote on 
     matters that arise before a committee panel and shall not be 
     counted to satisfy the quorum requirement for any purpose 
     other than taking testimony.
       (E) Jurisdiction.--No panel shall have legislative 
     jurisdiction.
       (F) Applicability of Committee Rules.--Any designated panel 
     shall be subject to all Committee Rules herein.


                       RULE III.--SUBCOMMITTEES.

       (A) Generally.--The Full Committee shall be organized into 
     the following six standing subcommittees and shall have 
     specific responsibility for such measures or matters as the 
     Chairman refers to it:
       (1) Subcommittee on Counterterrorism and Intelligence
       (2) Subcommittee on Border and Maritime Security
       (3) Subcommittee on Cybersecurity, Infrastructure 
     Protection and Security Technologies
       (4) Subcommittee on Oversight and Management Efficiency
       (5) Subcommittee on Transportation Security
       (6) Subcommittee on Emergency Preparedness, Response and 
     Communications
       (B) Selection and Ratio of Subcommittee Members.--The 
     Chairman and Ranking Minority Member of the Full Committee 
     shall select their respective Members of each subcommittee. 
     The ratio of Majority to Minority Members shall be comparable 
     to the Full Committee, except that each subcommittee shall 
     have at least two more Majority Members than Minority 
     Members.
       (C) Ex Officio Members.--The Chairman and Ranking Minority 
     Member of the Full Committee shall be ex officio members of 
     each subcommittee but are not authorized to vote on matters 
     that arise before each subcommittee. The Chairman and Ranking 
     Minority Member of the Full Committee shall only be counted 
     to satisfy the quorum requirement for the purpose of taking 
     testimony and receiving evidence.
       (D) 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 
     Full Committee on all matters within its purview. 
     Subcommittee Chairmen shall set hearing and meeting dates 
     only with the approval of the Chairman of the Full Committee. 
     To the greatest extent practicable, no more than one meeting 
     and hearing should be scheduled for a given time.
       (E) Special Voting Provision.--If a tie vote occurs in a 
     Subcommittee on the question of forwarding any measure to the 
     Full Committee, the measure shall be placed on the agenda for 
     Full Committee consideration as if it had been ordered 
     reported by the Subcommittee without recommendation.


                      Rule IV.--TIME OF MEETINGS.

       (A) Regular Meeting Date.--The regular meeting date and 
     time for the transaction of business of the Full 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.--At the discretion of the 
     Chairman, additional meetings of the Committee may be 
     scheduled for the consideration of any legislation or other 
     matters pending before the Committee or to conduct 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.


                    Rule V.--NOTICE AND PUBLICATION.

       (A) Notice.--
       (1) Hearings.--Pursuant to clause 2(g)(3) of rule XI of the 
     Rules of the House of Representatives, the Chairman of the 
     Committee shall make public announcement of the date, place, 
     and subject matter of any hearing before the Full Committee 
     or subcommittee, which may not commence earlier than one week 
     after such notice. However, if the Chairman of the Committee, 
     with the concurrence of the Ranking Minority Member, 
     determines that there is good cause to begin the hearing 
     sooner, or if the Committee so determines by majority vote, a 
     quorum being present for the transaction of business, the 
     Chairman shall make the announcement at the earliest possible 
     date. 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.
       (2) Meetings and Briefings.--The date, time, place and 
     subject matter of any meeting, other than a hearing or a 
     regularly scheduled meeting, may not commence earlier than 
     the third day on which Members have notice thereof except in 
     the case of a special meeting called under clause 2(c)(2) of 
     House Rule XI. These notice requirements may be waived if the 
     Chairman with the concurrence of the Ranking Minority Member, 
     determines that there is good cause to begin the meeting or 
     briefing sooner or if the Committee so determines by majority 
     vote, a quorum being present for the transaction of business.
       (a) Copies of any measure or matter to be considered for 
     approval by the Committee at any meeting, including any mark, 
     print or amendment in the nature of a substitute shall be 
     provided to the Members at least 48 hours in advance. Any 
     substitute amendment in the nature of a substitute shall be 
     provided to the Members at least 24 hours in advance.
       (b) At least 48 hours prior to the commencement of a 
     meeting for the markup of a measure or matter, the text of 
     such measure or matter, including any mark, print or 
     amendment in the nature of a substitute, shall be made 
     publicly available in electronic form and posted on the 
     official Committee web site. Any substitute amendment in the 
     nature of a substitute shall be made publicly available in 
     electronic form at least 24 hours prior to the commencement 
     of a meeting for the markup of a measure or matter.
       (c) Not later than 24 hours after concluding a meeting to 
     consider a measure or matter, the text of such measure or 
     matter as ordered forwarded or reported, including any 
     amendments adopted or defeated, shall be made publicly 
     available in electronic form and posted on the official 
     Committee web site.
       (3) Publication.--The meeting or hearing announcement shall 
     be promptly published in the Daily Digest portion of the 
     Congressional Record. To the greatest extent practicable, 
     meeting announcements shall be entered into the Committee 
     scheduling service of the House Information Resources.


          Rule vi.--open meetings and hearings; broadcasting.

       (A) Open Meetings.--All meetings and hearings of the 
     Committee shall be open to the public including to radio, 
     television, and still photography coverage, except as 
     provided by rule XI of the Rules of the House or when the 
     Committee, in open session and with a majority present, 
     determines by recorded vote that all or part of the remainder

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     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, 
     compromise sensitive law enforcement information, tend to 
     defame, degrade or incriminate a witness, or violate any law 
     or rule of the House of Representatives.
       (B) 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, in 
     accordance with the provisions of clause 4 of rule XI of the 
     Rules of the House. Operation and use of any Committee 
     operated broadcast system shall be fair and nonpartisan and 
     in accordance with clause 4(b) of rule XI and all other 
     applicable rules of the Committee and the House. Priority 
     shall be given by the Committee to members of the Press 
     Galleries. Pursuant to clause 2(e) of rule XI of the Rules of 
     the House of Representatives, the Committee shall, to the 
     greatest extent practicable, provide audio and video coverage 
     of each hearing or meeting in a manner that allows the public 
     to easily listen to and view the proceedings and shall 
     maintain the recordings of such coverage in a manner that is 
     easily accessible to the public.
       (C) Transcripts.--A transcript shall be made of the 
     testimony of each witness appearing before the Committee 
     during a Committee hearing. All transcripts of meetings or 
     hearings that are open to the public shall be made available.


            Rule vii.--procedures for meetings and hearings.

       (A) Opening Statements.--At any meeting of the 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. 
     The Chairman presiding over the meeting may permit additional 
     opening statements by other Members of the Full Committee or 
     of that subcommittee, with the concurrence of the Ranking 
     Minority Member.
       (B) 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 extended 
     when permitted by unanimous consent.
       (C) 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, including circulation of notice by the Clerk of 
     the Committee, or other designee of the Chair. 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) Contempt Procedures.--No recommendation that a person 
     be cited for contempt of Congress shall be forwarded to the 
     House unless and until the Full 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 the 
     Full Committee, with 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 Full Committee.
       (E) Record.--Members may have 10 business days to submit to 
     the Chief Clerk of the Committee their statements for the 
     record, and, in the case of a hearing, additional questions 
     for the hearing record to be directed towards a witness at 
     the hearing.


                         rule viii.--witnesses.

       (A) Questioning of Witnesses.--
       (1) Questioning of witnesses by Members will be conducted 
     under the five-minute rule unless the Committee adopts a 
     motion permitted by clause 2(j)(2) of House rule XI.
       (2) In questioning witnesses under the five-minute rule, 
     the Chairman and the Ranking Minority Member shall first be 
     recognized. In a subcommittee meeting or hearing, the 
     Chairman and Ranking Minority Member of the Full Committee 
     are then recognized. All other Members that arrive before the 
     commencement of the meeting or hearing will be recognized in 
     the order of seniority on the Committee, alternating between 
     Majority and Minority Members. Committee Members arriving 
     after the commencement of the hearing shall be recognized in 
     order of appearance, alternating between Majority and 
     Minority Members, after all Members present at the beginning 
     of the hearing have been recognized. Each Member shall be 
     recognized at least once before any Member is given a second 
     opportunity to question a witness.
       (3) The Chairman, in consultation with the Ranking Minority 
     Member, or the Committee by motion, may permit an extension 
     of the period of questioning of a witness beyond five minutes 
     but the time allotted must be equally apportioned to the 
     Majority party and the Minority and may not exceed one hour 
     in the aggregate.
       (4) The Chairman, in consultation with the Ranking Minority 
     Member, or the Committee by motion, may permit Committee 
     staff of the Majority and Minority to question a witness for 
     a specified period of time, but the time allotted must be 
     equally apportioned to the Majority and Minority staff and 
     may not exceed one hour in the aggregate.
       (B) 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.
       (C) Oath or Affirmation.--The Chairman of the Committee or 
     any Member designated by the Chairman, may administer an oath 
     to any witness.
       (D) Statements by Witnesses.--
       (1) Consistent with the notice given, 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 no less than 48 hours 
     in advance of the witness's appearance before the Committee. 
     Unless the 48 hour requirement is waived or otherwise 
     modified by the Chairman, after consultation with the Ranking 
     Minority Member, the failure to comply with this requirement 
     may result in the exclusion of the written testimony from the 
     hearing record and/or the barring of an oral presentation of 
     the testimony. The Clerk of the Committee shall provide any 
     such prepared or written statement submitted to the Clerk 
     prior to the hearing to the Members of the Committee prior to 
     the commencement of the hearing.
       (2) To the greatest extent practicable, the written 
     testimony of each witness appearing in a non-governmental 
     capacity shall include a curriculum vita 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. Such disclosures shall be made 
     publicly available, with appropriate redactions to protect 
     the privacy of the witness, in electronic form not later than 
     one day after the witness appears.


                           rule ix.--quorum.

       Quorum Requirements.--Two Members shall constitute a quorum 
     for purposes of taking testimony and receiving evidence. One-
     third of the Members of the Committee shall constitute a 
     quorum for conducting business, except for (1) reporting a 
     measure or recommendation; (2) closing Committee meetings to 
     the public, pursuant to Committee Rule IV; (3) authorizing 
     the issuance of subpoenas; and (4) any other action for which 
     an actual majority quorum is required by any rule of the 
     House of Representatives or by law. The Chairman's staff 
     shall consult with the Ranking Minority Member's staff when 
     scheduling meetings and hearings, to ensure that a quorum for 
     any purpose will include at least one Minority Member of the 
     Committee.


                           rule x.--decorum.

       (A) 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.
       (B) Access to Dais.--Access to the dais before, during, and 
     after a hearing, markup, or other meeting of the Committee 
     shall be limited to Members and staff of the Committee. 
     Subject to availability of space on the dais, Committee 
     Members' personal staff may be present on the dais during a 
     hearing if their employing Member is seated on the dais and 
     during a markup or other meeting if their employing Member is 
     the author of a measure or amendment under consideration by 
     the Committee, but only during the time that the measure or 
     amendment is under active consideration by the Committee, or 
     otherwise at the discretion of the Chairman, or of the 
     Ranking Minority Member for personal staff employed by a 
     Minority Member.
       (C) Wireless Communications Use Prohibited.--During a 
     hearing, mark-up, or other meeting of the Committee, ringing 
     or audible sounds or conversational use of cellular 
     telephones or other electronic devices is prohibited in the 
     Committee room.


                 rule xi.--referrals to subcommittees.

       Referral of Bills and Other Matters by Chairman.--Except 
     for bills and other matters retained by the Chairman for Full 
     Committee consideration, each bill or other matter referred 
     to the Full Committee shall be referred by the Chairman to 
     one or more subcommittees within two weeks of receipt by the 
     Committee. In referring any measure or matter to a 
     subcommittee, the Chair may specify a date by which the 
     subcommittee shall report thereon to the Full Committee. 
     Bills or other matters referred to subcommittees may be 
     reassigned or discharged by the Chairman.


                         rule xii.--subpoenas.

       (A) Authorization.--Pursuant to clause 2(m) of rule XI of 
     the House, a subpoena may be authorized and issued under the 
     seal of the House and attested by the Clerk of the

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     House, and may be served by any person designated by the Full 
     Committee for the furtherance of an investigation with 
     authorization by--
       (1) a majority of the Full Committee, a quorum being 
     present; or
       (2) the Chairman of the Full Committee, after consultation 
     with the Ranking Minority Member of the Full Committee, 
     during any period for which the House has adjourned for a 
     period in excess of 3 days pursuant to a concurrent 
     resolution when, in the opinion of the Chairman of the Full 
     Committee, authorization and issuance of the subpoena is 
     necessary to obtain the material or testimony set forth in 
     the subpoena. The Chairman of the Full Committee shall notify 
     Members of the Committee of the authorization and issuance of 
     a subpoena under this rule as soon as practicable, but in no 
     event later than one week after service of such subpoena.
       (B) Disclosure.--Provisions may be included in a subpoena 
     with the concurrence of the Chairman and the Ranking Minority 
     Member of the Full Committee, or by the Committee, to prevent 
     the disclosure of the Full Committee's 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 Full Committee's inquiries.
       (C) Subpoena duces tecum.--A subpoena duces tecum may be 
     issued whose return to the Committee Clerk shall occur at a 
     time and place other than that of a regularly scheduled 
     meeting.
       (D) Affidavits and Depositions.--The Chairman of the Full 
     Committee, in consultation with the Ranking Minority Member 
     of the Full Committee, 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. Notices for the taking of depositions shall specify 
     the date, time and place of examination. Depositions shall be 
     taken under oath administered by a Member or a person 
     otherwise authorized by law to administer oaths. Prior 
     consultation with the Ranking Minority Member of the Full 
     Committee shall include written notice three business days 
     before any deposition is scheduled to provide an opportunity 
     for Minority staff to be present during the questioning.


                      RULE XIII.--COMMITTEE STAFF.

       (A) Generally.--Committee staff members are subject to the 
     provisions of clause 9 of House Rule X and must be eligible 
     to be considered for routine access to classified 
     information.
       (B) Staff Assignments.--For purposes of these rules, 
     Committee staff means the employees of the Committee, 
     detailees, fellows, or any other person engaged by contract 
     or otherwise to perform services for, or at the request of, 
     the Committee. All such persons shall be either Majority, 
     Minority, or shared staff. The Chairman shall appoint, 
     determine remuneration of, supervise, and may remove Majority 
     staff. The Ranking Minority Member shall appoint, determine 
     remuneration of, supervise, and may remove Minority staff. In 
     consultation with the Ranking Minority Member, the Chairman 
     may appoint, determine remuneration of, supervise and may 
     remove shared staff that is assigned to service of the 
     Committee. The Chairman shall certify Committee staff 
     appointments, including appointments by the Ranking Minority 
     Member, as required.
       (C) 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 
     knowingly 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 the member of the Committee staff has a 
     reasonable expectation that 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.


        RULE XIV.--COMMITTEE MEMBER AND COMMITTEE 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 Committee Member or 
     Committee staff shall be paid only upon the prior 
     authorization of the Chairman. Travel may be authorized by 
     the Chairman for any Committee Member or 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 matters under the general 
     jurisdiction of the Full Committee.
       (1) Proposed Travel by Majority Party Committee Members and 
     Committee Staff.--In the case of proposed travel by Majority 
     party Committee 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; (d) the estimated total cost of the 
     travel; and (e) 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 a subject matter under the 
     jurisdiction of the Full Committee, and is not excessively 
     costly in view of the Committee business proposed to be 
     conducted.
       (2) Proposed Travel by Minority Party Committee Members and 
     Committee Staff.--In the case of proposed travel by Minority 
     party Committee 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), (d) and (e) of subparagraph (1) and his 
     or her determination that such travel complies with the other 
     requirements of subparagraph (1).
       (B) Foreign Travel.--All Committee Members and Committee 
     staff requests for foreign travel must include a written 
     representation setting forth the information specified in 
     items (a), (b), (c), (d) and (e) of subparagraph (A)(1) and 
     be submitted to the Chairman not fewer than ten business days 
     prior to the start of the travel. Within thirty 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. The requirements of this section may be waived 
     or abridged by the Chairman.
       (C) Compliance with Committee Travel Policy and 
     Guidelines.--Travel must be in accordance with the Committee 
     Travel Policy and Guidelines, as well as with House Rules, 
     the Travel Guidelines and Regulations and any additional 
     guidance set forth by the Committee on Ethics and the 
     Committee on House Administration. Committee Members and 
     staff shall follow these rules, policies, guidelines, and 
     regulations in requesting and proceeding with any Committee-
     related travel.


     RULE XV.--CLASSIFIED AND CONTROLLED UNCLASSIFIED 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. Classified documents 
     and controlled unclassified information (CUI)--formerly known 
     as sensitive but unclassified (SBU) information--may be 
     destroyed, discussed, examined, handled, reviewed, stored, 
     transported and used only in an appropriately secure manner 
     in accordance with all applicable laws, executive orders, and 
     other governing authorities. Such documents may be removed 
     from the Committee's offices only in furtherance of official 
     Committee business. Appropriate security procedures, as 
     determined by the Chairman in consultation with the Ranking 
     Minority Member, shall govern the handling of such documents 
     removed from the Committee's offices.
       (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 clearances 
     and a need-to-know, as determined by the Chairman or Ranking 
     Minority Member, and under the direction of the Majority or 
     Minority Staff Directors.
       (D) Maintaining Confidentiality.--No Committee Member or 
     Committee staff shall disclose, in whole or in part or by way 
     of summary, to any person who is not a Committee Member or 
     authorized 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 and controlled unclassified information (CUI) 
     shall be handled in accordance with all applicable laws, 
     executive orders, and other governing authorities and 
     consistently with the provisions of these rules and Committee 
     procedures.
       (E) Oath.--Before a Committee Member or Committee staff 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 of the Committee as part of the records 
     of the Committee.
       (F) Disciplinary Action.--The Chairman shall immediately 
     consider disciplinary action in the event any Committee 
     Member or Committee staff member fails to conform to

[[Page H299]]

     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 staff, the Chairman shall 
     consider such disciplinary action in consultation with the 
     Ranking Minority Member.


                     RULE XVI.--COMMITTEE RECORDS.

       (A) Committee Records.--Committee Records shall constitute 
     all data, charts and files in possession of the Committee and 
     shall be maintained in accordance with clause 2(e) of House 
     Rule XI.
       (B) 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.
       (C) 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 
     these rules.
       (D) Removal of Committee 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.
       (E) 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.
       (F) Availability of Committee Records.--The Committee shall 
     keep a complete record of all Committee action including 
     recorded votes and attendance at hearings and meetings. 
     Information so available for public inspection shall include 
     a description of each amendment, motion, order, or other 
     proposition, including the name of the Member who offered the 
     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 and also made publicly available 
     in electronic form and posted on the official Committee web 
     site within 48 hours of such record vote.
       (G) 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.
       (H) Disposition of Committee Records.--At the conclusion of 
     each Congress, non-current 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.
       (I) 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.


                      RULE XVII.--COMMITTEE RULES.

       (A) Availability of Committee Rules in Electronic Form.--
     Pursuant to clause 2(a) of rule XI of the Rules of the House 
     of Representatives, the Committee shall make its rules 
     publicly available in electronic form and posted on the 
     official Committee web site and shall submit such rules for 
     publication in the Congressional Record not later than 30 
     days after the Chairman of the Committee is elected in each 
     odd-numbered year.
       (B) Changes to Committee Rules.--These rules may be 
     modified, amended, or repealed by the Full 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 and such changes are 
     not inconsistent with the Rules of the House of 
     Representatives.

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