Mr. Speaker, in accordance with clause 2 of rule XI of the Rules of the House of Representatives, I am submitting the Rules of the Committee on Armed Services for printing in the Congressional Record. These rules were adopted on Wednesday,…
Mr. Speaker, in accordance with clause 2 of rule XI of the Rules of the House of Representatives, I am submitting the Rules of the Committee on Armed Services for printing in the Congressional Record.
These rules were adopted on Wednesday, January 26, 2005 at a public meeting of the full committee, with a quorum being present.
Rules Governing Procedure of the Committee on Armed Services
rule 1. application of house rules
The Rules of the House of Representatives are the rules of
the Committee on Armed Services (hereinafter referred to in
these rules as the ``Committee'') and its subcommittees so
far as applicable.
rule 2. full committee meeting date
(a) The Committee shall meet every Wednesday at 10:00 a.m.,
and at such other times as may be fixed by the chairman of
the Committee (hereinafter referred to in these rules as the
``Chairman''), or by written request of members of the
Committee pursuant to clause 2(c) of rule XI of the Rules of
the House of Representatives.
(b) A Wednesday meeting of the Committee may be dispensed
with by the Chairman, but such action may be reversed by a
written request of a majority of the members of the
Committee.
rule 3. subcommittee meeting dates
Each subcommittee is authorized to meet, hold hearings,
receive evidence, and report to the Committee on all matters
referred to it. Insofar as possible, meetings of the
Committee and its subcommittees shall not conflict. A
subcommittee chairman shall set meeting dates after
consultation with the Chairman, the other subcommittee
chairmen, and the ranking minority member of the subcommittee
with a view toward avoiding simultaneous scheduling of
committee and subcommittee meetings or hearings wherever
possible.
rule 4. subcommittees
Pursuant to the authority granted by Section 3(b), relating
to Separate Orders, of H. Res. 5 as adopted by the House of
Representatives on January 4, 2005, the Committee shall be
organized to consist of six standing subcommittees with the
following jurisdictions:
Subcommittee on Tactical Air and Land Forces: All Army and
Air Force acquisition programs (except strategic weapons and
lift programs, special operations and information technology
accounts). In addition, the subcommittee will be responsible
for all Navy and Marine Corps aviation programs, National
Guard and Army and Air Force reserve modernization, and
ammunition programs.
Subcommittee on Readiness: Military readiness, training,
logistics and maintenance issues and programs. In addition,
the subcommittee will be responsible for all military
construction, installations and family housing issues,
including the base closure process.
Subcommittee on Terrorism, Unconventional Threats and
Capabilities: Department of Defense counter proliferation and
counter terrorism programs and initiatives. In addition, the
subcommittee will be responsible for Special Operations
Forces, the Defense Advanced Research Projects Agency,
information technology and programs, force protection policy
and oversight, and related intelligence support.
Subcommittee on Military Personnel: Military personnel
policy, reserve component integration and employment issues,
military health care, military education and POW/MIA issues.
In addition, the subcommittee will be responsible for Morale,
Welfare and Recreation issues and programs.
Subcommittee on Strategic Forces: Strategic Forces (except
deep strike systems), space programs, ballistic missile
defense and Department of Energy national security programs
(except non-proliferation programs).
Subcommittee on Projection Forces: Navy and Marine Corps
programs (except strategic weapons, space, special operations
and information technology programs), deep strike bombers and
related systems, and strategic lift programs.
rule 5. committee panels
(a) The Chairman may designate a panel of the Committee
consisting of members of the Committee to inquire into and
take testimony on a matter or matters that fall within the
jurisdiction of more than one subcommittee and to report to
the Committee.
(b) No panel so appointed shall continue in existence for
more than six months. A panel so appointed may, upon the
expiration of six months, be reappointed by the Chairman.
(c) No panel so appointed shall have legislative
jurisdiction.
rule 6. reference and consideration of legislation
(a) The Chairman shall refer legislation and other matters
to the appropriate subcommittee or to the full Committee.
(b) Legislation shall be taken up for a hearing or markup
only when called by the Chairman of the Committee or
subcommittee, as appropriate, or by a majority of those
present and voting.
(c) The Chairman, with approval of a majority vote of a
quorum of the Committee, shall have authority to discharge a
subcommittee from consideration of any measure or matter
referred thereto and have such measure or matter considered
by the Committee.
(d) Reports and recommendations of a subcommittee may not
be considered by the Committee until after the intervention
of three calendar days from the time the report is approved
by the subcommittee and available to the members of the
Committee, except that this rule may be waived by a majority
vote of a quorum of the Committee.
rule 7. public announcement of hearings and meetings
Pursuant to clause 2(g)(3) of rule XI of the Rules of the
House of Representatives, the Chairman of the Committee or of
any subcommittee or panel shall make public announcement of
the date, place, and subject matter of any committee or
subcommittee hearing at least one week before the
commencement of the hearing. However, if the Chairman of the
Committee or of any subcommittee or panel, with the
concurrence of the respective ranking minority member of the
Committee, subcommittee or panel, determines that there is
good cause to begin the hearing sooner, or if the Committee,
subcommittee or panel so determines by majority vote, a
quorum being present for the transaction of business, such
chairman shall make the announcement at the earliest possible
date. Any announcement made under this rule shall be promptly
published in the Daily Digest, promptly entered into the
committee scheduling service of the House Information
Resources, and promptly posted to the internet web page
maintained by the Committee.
rule 8. broadcasting of committee hearings and meetings
Clause 4 of rule XI of the Rules of the House of
Representatives shall apply to the Committee.
rule 9. meetings and hearings open to the public
(a) Each hearing and meeting for the transaction of
business, including the markup of legislation, conducted by
the Committee or a subcommittee shall be open to the public
except when the Committee or subcommittee, in open session
and with a majority being present, determines by record vote
that all or part of the remainder of that hearing or meeting
on that day shall be in executive session because disclosure
of testimony, evidence, or other matters to be considered
would endanger the national security, would compromise
sensitive law enforcement information, or would violate any
law or rule of the House of Representatives. Notwithstanding
the requirements of the preceding sentence, a majority of
those present, there being in attendance no fewer than two
members of the Committee or subcommittee, may vote to close a
hearing or meeting for the sole purpose of discussing whether
testimony or evidence to be received would endanger the
national security, would compromise sensitive law enforcement
information, or would violate any law or rule of the House of
Representatives. If the decision is to proceed in executive
session, the vote must be by record vote and in open session,
a majority of the Committee or subcommittee being present.
(b) Whenever it is asserted by a member of the committee
that the evidence or testimony at a hearing may tend to
defame, degrade, or incriminate any person, or it is asserted
by a witness that the evidence or testimony that the witness
would give at a hearing may tend to defame, degrade, or
incriminate the witness, notwithstanding the requirements of
(a) and the provisions of clause 2(g)(2) of rule XI of the
Rules of the House of Representatives, such evidence or
testimony shall be presented in executive session, if by a
majority vote of those present, there being in attendance no
fewer than two members of the Committee or subcommittee, the
Committee or subcommittee determines that such evidence may
tend to defame, degrade or incriminate any person. A majority
of those present, there being in attendance no fewer than two
members of the Committee or subcommittee, may also vote to
close the hearing or meeting for the sole purpose of
discussing whether evidence or testimony to be received would
tend to defame, degrade or incriminate any person. The
Committee or subcommittee shall proceed to receive such
testimony in open session only if the Committee or
subcommittee, a majority being present, determines that such
evidence or testimony will not tend to defame, degrade or
incriminate any person.
(c) Notwithstanding the foregoing, and with the approval of
the Chairman, each member of the Committee may designate by
letter to the Chairman, a member of that member's personal
staff with Top Secret security clearance to attend hearings
of the Committee, or that member's subcommittee(s) (excluding
briefings or meetings held under the provisions of committee
rule 9(a)), which have been closed under the provisions of
rule 9(a) above for national security purposes for the taking
of testimony. The attendance of such a staff member at such
hearings is subject to the approval of the Committee or
subcommittee as dictated by national security requirements at
that time. The attainment of any required security clearances
is the responsibility of individual members of the Committee.
(d) Pursuant to clause 2(g)(2) of rule XI of the Rules of
the House of Representatives, no Member, Delegate, or
Resident Commissioner may be excluded from nonparticipatory
attendance at any hearing of the Committee or a subcommittee,
unless the House of Representatives shall by majority vote
authorize the Committee or subcommittee, for purposes of a
particular series of hearings on a particular article of
legislation or on a particular subject of investigation, to
close its hearings to Members, Delegates, and the Resident
Commissioner by the same procedures designated in this rule
for closing hearings to the public.
(e) The Committee or the subcommittee may vote, by the same
procedure, to meet in executive session for up to five
additional consecutive days of hearings.
rule 10. quorum
(a) For purposes of taking testimony and receiving
evidence, two members shall constitute a quorum.
(b) One-third of the members of the Committee or
subcommittee shall constitute a quorum for taking any action,
with the following exceptions, in which case a majority of
the Committee or subcommittee shall constitute a quorum:
(1) Reporting a measure or recommendation;
(2) Closing committee or subcommittee meetings and hearings
to the public;
(3) Authorizing the issuance of subpoenas;
(4) Authorizing the use of executive session material; and
(5) Voting to proceed in open session after voting to close
to discuss whether evidence or testimony to be received would
tend to defame, degrade, or incriminate any person.
(c) No measure or recommendation shall be reported to the
House of Representatives unless a majority of the Committee
is actually present.
rule 11. the five-minute rule
(a) The time any one member may address the Committee or
subcommittee on any measure or matter under consideration
shall not exceed five minutes and then only when the member
has been recognized by the Chairman or subcommittee chairman,
as appropriate, except that this time limit may be exceeded
by unanimous consent. Any member, upon request, shall be
recognized for not to exceed five minutes to address the
Committee or subcommittee on behalf of an amendment which the
member has offered to any pending bill or resolution. The
five-minute limitation shall not apply to the Chairman and
ranking minority member of the Committee or subcommittee.
(b) Members present at a hearing of the Committee or
subcommittee when a hearing is originally convened shall be
recognized by the Chairman or subcommittee chairman, as
appropriate, in order of seniority. Those members arriving
subsequently shall be recognized in order of their arrival.
Notwithstanding the foregoing, the Chairman and the ranking
minority member will take precedence upon their arrival. In
recognizing members to question witnesses in this fashion,
the Chairman shall take into consideration the ratio of the
majority to minority members present and shall establish the
order of recognition for questioning in such a manner as not
to disadvantage the members of either party.
(c) No person other than a Member, Delegate, or Resident
Commissioner of Congress and committee staff may be seated in
or behind the dais area during Committee, subcommittee, or
panel hearings and meetings.
rule 12. power to sit and act; subpoena power
(a) For the purpose of carrying out any of its functions
and duties under rules X and XI of the Rules of the House of
Representatives, the Committee and any subcommittee are
authorized (subject to subparagraph (b)(1) of this
paragraph):
(1) to sit and act at such times and places within the
United States, whether the House is in session, has recessed,
or has adjourned, and to hold hearings, and
(2) to require by subpoena, or otherwise, the attendance
and testimony of such witnesses and the production of such
books, records, correspondence, memorandums, papers and
documents, including, but not limited to, those in electronic
form, as it considers necessary.
(b)(1) A subpoena may be authorized and issued by the
Committee, or any subcommittee with the concurrence of the
full Committee Chairman, under subparagraph (a)(2) in the
conduct of any investigation, or series of investigations or
activities, only when authorized by a majority of the members
voting, a majority of the Committee or subcommittee being
present. Authorized subpoenas shall be signed only by the
Chairman, or by any member designated by the Chairman.
(2) Pursuant to clause 2(m) of rule XI of the Rules of the
House of Representatives, compliance with any subpoena issued
by the Committee or any subcommittee under subparagraph
(a)(2) may be enforced only as authorized or directed by the
House of Representatives.
rule 13. witness statements
(a) Any prepared statement to be presented by a witness to
the Committee or a subcommittee shall be submitted to the
Committee or subcommittee at least 48 hours in advance of
presentation and shall be distributed to all members of the
Committee or subcommittee at least 24 hours in advance of
presentation. A copy of any such prepared statement shall
also be submitted to the Committee in electronic form. If a
prepared statement contains national security information
bearing a classification of secret or higher, the statement
shall be made available in the Committee rooms to all members
of the Committee or subcommittee at least 24 hours in advance
of presentation; however,
no such statement shall be removed from the Committee
offices. The requirement of this rule may be waived by a
majority vote of the Committee or subcommittee, a quorum
being present.
(b) The Committee and each subcommittee shall require each
witness who is to appear before it to file with the Committee
in advance of his or her appearance a written statement of
the proposed testimony and to limit the oral presentation at
such appearance to a brief summary of his or her argument.
rule 14. administering oaths to witnesses
(a) The Chairman, or any member designated by the Chairman,
may administer oaths to any witness.
(b) Witnesses, when sworn, shall subscribe to the following
oath:
``Do you solemnly swear (or affirm) that the testimony you
will give before this Committee (or subcommittee) in the
matters now under consideration will be the truth, the whole
truth, and nothing but the truth, so help you God?''
rule 15. questioning of witnesses
(a) When a witness is before the Committee or a
subcommittee, members of the Committee or subcommittee may
put questions to the witness only when recognized by the
Chairman or subcommittee chairman, as appropriate, for that
purpose.
(b) Members of the Committee or subcommittee who so desire
shall have not to exceed five minutes to interrogate each
witness or panel of witnesses until such time as each member
has had an opportunity to interrogate each witness or panel
of witnesses; thereafter, additional rounds for questioning
witnesses by members are discretionary with the Chairman or
subcommittee chairman, as appropriate.
(c) Questions put to witnesses before the Committee or
subcommittee shall be pertinent to the measure or matter that
may be before the Committee or subcommittee for
consideration.
rule 16. publication of committee hearings and markups
The transcripts of those hearings and mark-ups conducted by
the Committee or a subcommittee that are decided by the
Chairman to be officially published will be published in
verbatim form, with the material requested for the record
inserted at that place requested, or at the end of the
record, as appropriate. Any requests to correct any errors,
other than those in transcription, or disputed errors in
transcription, will be appended to the record, and the
appropriate place where the change is requested will be
footnoted.
rule 17. voting and rollcalls
(a) Voting on a measure or matter may be by record vote,
division vote, voice vote, or unanimous consent.
(b) A record vote shall be ordered upon the request of one-
fifth of those members present.
(c) No vote by any member of the Committee or a
subcommittee with respect to any measure or matter shall be
cast by proxy.
(d) In the event of a vote or votes, when a member is in
attendance at any other committee, subcommittee, or
conference committee meeting during that time, the necessary
absence of that member shall be so noted in the record vote
record, upon timely notification to the Chairman by that
member.
rule 18. committee reports
(a) If, at the time of approval of any measure or matter by
the Committee, any member of the Committee gives timely
notice of intention to file supplemental, minority,
additional or dissenting views, that member shall be entitled
to not less than two calendar days (excluding Saturdays,
Sundays, and legal holidays except when the House is in
session on such days) in which to file such views, in writing
and signed by that member, with the staff director of the
Committee. All such views so filed by one or more members of
the Committee shall be included within, and shall be a part
of, the report filed by the Committee with respect to that
measure or matter.
(b) With respect to each record vote on a motion to report
any measure or matter, and on any amendment offered to the
measure or matter, the total number of votes cast for and
against, the names of those voting for and against, and a
brief description of the question, shall be included in the
committee report on the measure or matter.
rule 19. points of order
No point of order shall lie with respect to any measure
reported by the Committee or any subcommittee on the ground
that hearings on such measure were not conducted in
accordance with the provisions of the rules of the Committee;
except that a point of order on that ground may be made by
any member of the Committee or subcommittee which reported
the measure if, in the Committee or subcommittee, such point
of order was (a) timely made and (b) improperly overruled or
not properly considered.
rule 20. public inspection of committee rollcalls
The result of each record vote in any meeting of the
Committee shall be made available by the Committee for
inspection by the public at reasonable times in the offices
of the Committee. Information so available for public
inspection shall include a description of the amendment,
motion, order, or other proposition and the name of each
member voting for and each member voting against such
amendment, motion, order, or proposition and the names of
those members present but not voting.
rule 21. protection of national security information
(a) Except as provided in clause 2(g) of Rule XI of the
Rules of the House of Representatives, all national security
information bearing a classification of secret or higher
which has been received by the Committee or a subcommittee
shall be deemed to have been received in executive session
and shall be given appropriate safekeeping.
(b) The Chairman of the Committee shall, with the approval
of a majority of the Committee, establish such procedures as
in his judgment may be necessary to prevent the unauthorized
disclosure of any national security information received
classified as secret or higher. Such procedures shall,
however, ensure access to this information by any member of
the Committee or any other Member, Delegate, or Resident
Commissioner of the House of Representatives who has
requested the opportunity to review such material.
rule 22. committee staffing
The staffing of the Committee, the standing subcommittees,
and any panel designated by the Chairman shall be subject to
the rules of the House of Representatives,
rule 23. committee records
The records of the Committee at the National Archives and
Records Administration shall be made available for public use
in accordance with rule VII of the Rules of the House of
Representatives. The Chairman shall notify the ranking
minority member of any decision, pursuant to clause 3(b)(3)
or clause 4(b) of rule VII, to withhold a record otherwise
available, and the matter shall be presented to the Committee
for a determination on the written request of any member of
the Committee.
rule 24. hearing procedures
Clause 2(k) of rule XI of the Rules of the House of
Representatives shall apply to the Committee.