[Congressional Record (Bound Edition), Volume 155 (2009), Part 3]
[House]
[Pages 3371-3374]
[From the U.S. Government Publishing Office, www.gpo.gov]




 PUBLICATION OF THE RULES OF THE COMMITTEE ON HOMELAND SECURITY, 111TH 
                                CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Mississippi (Mr. Thompson) is recognized for 5 minutes.
  Mr. THOMPSON of Mississippi. Madam Speaker, pursuant to Rule XI, 
Clause 2(a)(2) of the Rules of the House of Representatives, I 
respectfully submit the rules for the 111th Congress for the Committee 
on Homeland Security for publication in the Congressional Record. The 
Committee adopted these rules by unanimous consent, with a quorum being 
present, at our organizational meeting on February 4, 2009.

 Committee on Homeland Security, Committee Rules, Adopted February 4, 
                                  2009


                      rule 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 
     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.--The Chairman shall 
     designate a Member of the Majority party to serve as Vice 
     Chairman of the Full Committee. The Vice Chairman of the Full 
     Committee shall preside at any meeting or hearing of the Full 
     Committee during the temporary absence of the Chairman. In 
     the absence of both the Chairman and Vice Chairman, the 
     Chairman's designee shall preside.
       (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 directed 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 website 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 website for the same purposes.


                       rule ii.--time of meetings

       (A) Regular Meeting Date.--The regular meeting date and 
     time for the transaction of business of the Full Committee 
     shall be 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 iii.--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 at least one week before the commencement of 
     the hearing. 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.--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 of a 
     meeting, excluding Saturdays, Sundays, and Federal Holidays 
     except when the House is in session on such a day, to take 
     place on a day the House is in session, and 72 hours in 
     advance of a meeting, excluding Saturdays, Sundays, and 
     Federal Holidays except when the House is in session on such 
     a day, to take 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 
     waived by the Chairman with the concurrence of the Ranking 
     Minority Member.
       (a) Copies of any measure 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 24 hours in advance.
       (b) The requirement in subsection (a) may be waived or 
     abridged by the Chairman, with advance notice to the Ranking 
     Minority Member.
       (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 IV.--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 
     of that hearing on that day shall be closed to the public 
     because disclosure of testimony, evidence, or other matters 
     to be considered

[[Page 3372]]

      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.
       (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 V.--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. 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.


                          Rule VI.--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 House Rule XI (2)(j)(2).
       (2) In questioning witnesses under the 5-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.
       (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 to the extent that such 
     information is relevant to the subject matter of, and the 
     witness' representational capacity at, the hearing.


                           Rule VII.--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 shall make 
     reasonable efforts, including consultation with the Ranking 
     Minority Member when scheduling meetings and hearings, to 
     ensure that a quorum for any purpose will include at least 
     one Minority Member of the Committee.


                          Rule VIII.--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 Ranking 
     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 IX.--SUBCOMMITTEES

       (A) Generally.--The Full Committee shall be organized into 
     the following six standing subcommittees:
       (1) Subcommittee on Border, Maritime, and Global 
     Counterterrorism;
       (2) Subcommittee on Emergency Communications, Preparedness, 
     and Response;
       (3) Subcommittee on Transportation Security and 
     Infrastructure Protection;
       (4) Subcommittee on Intelligence, Information Sharing, and 
     Terrorism Risk Assessment;
       (5) Subcommittee on Emerging Threats, Cybersecurity, and 
     Science and Technology; and
       (6) Subcommittee on Management, Investigations, and 
     Oversight.
       (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 not be counted to 
     satisfy the quorum requirement for any purpose other than 
     taking testimony unless they are regular members of that 
     subcommittee.

[[Page 3373]]

       (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 reporting 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 X.--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 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 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 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; 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 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), and (d) 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), and (d) 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.


      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

[[Page 3374]]

     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 Chief Clerk 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 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 House Rule XI, clause 
     2(e).
       (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) 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.
       (G) Recorded Votes on the Official Committee Web Site.--The 
     Chairman shall create a record of the votes on any question 
     of agreeing to a bill, resolution, or amendment or ordering 
     reported any bill or resolution on which a recorded vote is 
     demanded in open session in the Full Committee. Such record 
     shall be made available on the Committee's official website 
     not later than 3 legislative days after adjournment of the 
     markup at which such vote was taken, excluding days when the 
     House is in session pro forma. Such record shall identify the 
     offeror of the bill, resolution, or amendment, in addition to 
     a description of the bill, resolution, or amendment, the name 
     of each Member voting for and each Member voting against such 
     bill, resolution, or amendment, and the names of the Members 
     voting present.
       (H) 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.
       (I) 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.
       (J) 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.--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.

                          ____________________