Floor Statements

Mr. Speaker, I wish to announce to all Members of the House that the Permanent Select Committee on Intelligence on Thursday, June 12, 2003, pursuant to its Rules of Procedure, by majority vote, authorized access to any Member of the House who wishes to review certain documents provided to the Permanent Select Committee on Intelligence by the Director of Central Intelligence in response to the letter from the chairman and ranking member to the director dated May 22, 2003.

Specifically, the documents at issue relate to the available intelligence concerning Iraq's weapons of mass destruction program and Iraq's ties to terrorist groups prior to the commencement of hostilities in Iraq.

These documents are available for review by Members only at the offices of the Permanent Select Committee on Intelligence in Room H-405 of the Capitol. The committee office will be open during regular business hours for the convenience of any Member who wishes to review this material.

Members wishing to review these documents must contact the committee's Director of Security, Mr. Bill McFarland, in advance to arrange a time and date for that viewing. This will assure the availability of committee staff to assist Members in their review of these classified materials and manage the flow of activity in an orderly way.

It should be understood by Members that none of the classified material reviewed by Members is authorized to be disclosed publicly.

It is important that Members also keep in mind the requirements of House rule XXIII, clause 13. That rule permits only those Members of the House who have signed the oath set out in clause 13 of House rule XXIII to have access to classified information.

I would advise Members wishing to review these documents that they should bring with them a copy of the

rule XXIII oath executed by them when they come to the committee office to review that material. If a Member has not yet signed the rule XXIII oath, but wishes to review the documentation provided by the DCI, the committee staff can administer the oath and see to it that the executed form is sent to the Clerk's office.

Additionally, the committee's rules require that before Members are given access to any classified material in the committee's possession, that Members must execute a nondisclosure agreement indicating that they have been granted access to particularly described classified material; they are familiar with both the rules of the House and the committee rules with respect to the classified nature of information contained in the documents they are given for review; and they understand fully the limitations placed on them with respect to disclosure of that information.

The committee requires that this nondisclosure agreement be signed by any Member seeking to review the documents each time the Member seeks to gain access to the documents.

Those are the conditions with which the committee agreed to make this material available to any Member. If there are any questions, please call the committee and we will be glad to elaborate.

Mr. Speaker, I wish to announce to all Members of the House that the Permanent Select Committee on Intelligence ordered the bill, H.R. 2417, the Intelligence Authorization Act for Fiscal Year 2004, reported favorably to the House with an amendment. The committee's report will be filed later today, Tuesday, June 17, under the unanimous consent just agreed to.

Mr. Speaker, I would also like to announce that the Classified Schedule of Authorizations and the Classified Annex that accompanies H.R. 2417 will be available for review by Members at the offices of the Permanent Select Committee on Intelligence in Room H-405 of the Capitol beginning any time after the bill is filed. The committee office will open during regular business hours for the convenience of any Member who wishes to review this material prior to its consideration by the House. I anticipate that H.R. 2417 will be considered on the floor of the House next week.

I would recommend that Members wishing to review the Classified Annex contact the committee's Director of Security to arrange a time and date for that viewing. This will assure the availability of committee staff to assist Members who desire that assistance during their review of these classified materials.

I urge Members to take some time to review these classified documents before the bill is brought to the floor, in order to better understand the recommendations of the Permanent Select Committee on Intelligence. Much of this material cannot be discussed on the floor.

The Classified Annex to the committee's report contains the committee's recommendations on the intelligence budget for fiscal year 2004 and related classified information that cannot be disclosed publicly.

It is important that Members keep in mind the requirements of rule XXIII, clause 13 of the House. That rule only permits access to classified information by those Members of the House who have signed the oath set out in clause 13 of House rule XXIII.

I would advise Members wishing to review the classified annex and its classified schedule of authorizations that they must bring with them a copy of the rule XXIII oath signed by them when they come to the committee office to review that material.

If a Member has not yet signed that oath, but wishes to review the classified annex and schedule of authorizations, the committee staff can administer the oath as a service for that Member and see to it that the executed form is sent to the Clerk's office. We would be happy to do that. Additionally, the committee's rules require that Members execute a nondisclosure agreement indicating that they have been granted access to the classified annex and classified schedule of authorizations, and that they are familiar with both the rules of the House and the committee with respect to the classified nature of information contained in the classified annex and the limitations on the disclosure of that information.

I am sorry for all the bureaucratese, but we take very seriously our responsibility to keep this matter properly provided for and safeguarded.

Mr. Speaker, I ask unanimous consent that the Permanent Select Committee on Intelligence have until midnight, June 17, 2003, to file its report on the bill H.R. 2417, the Intelligence Authorization Act for Fiscal Year 2004.

I understand the other side of the aisle is in agreement with this request.

Mr. Speaker, I am pleased to transmit herewith the Rules of Procedure for the Permanent Select Committee on Intelligence for the 108th Congress. The enclosed rules were adopted by the Committee, in February 2003.

Pursuant to rule XI, clause 2(a)(2) of the Rules of the House of Representatives, I request that the enclosed Rules of Procedure be printed in the Congressional Record at the earliest convenient date.

Rules of Procedure for the Permanent Select Committee on Intelligence

1. subcommittees

(a) Generally.

(1) Creation of subcommittees shall be by majority vote of

the Committee.

(2) Subcommittees shall deal with such legislation and

oversight of programs and policies as the Committee may

direct.

(3) Subcommittees shall be governed by these rules.

For purposes of these rules, any reference herein to the

``Committee'' shall be interpreted to include subcommittees

and the working group, unless otherwise specifically

provided.

(b) Establishment of Subcommittees. The Committee

establishes the following subcommittees:

(1) Subcommittee on Human Intelligence, Analysis, and

Counterintelligence;

(2) Subcommittee on Technical and Tactical Intelligence;

(3) Subcommittee on Intelligence Policy and National

Security; and,

(4) Subcommittee on Terrorism and Homeland Security.

For purposes of these rules, any reference herein to the

``Committee'' shall be interpreted to include subcommittees,

unless otherwise specifically provided.

(d) Subcommittee Membership.

(1) Generally. Each Member of the Committee may be assigned

to at least one of the four subcommittees.

(2) Ex Officio Membership. In the event that the Chairman

and Ranking Minority Member of the full Committee do not

choose to sit as regular voting members of one or more of the

subcommittees, each is authorized to sit as an ex officio

Member of the subcommittees and participate in the work of

the subcommittees. When sitting ex officio, however, they--

(A) shall not have a vote in the subcommittee; and

(B) shall not be counted for purposes of determining a

quorum.

2. Meeting Day

(a) Regular Meeting Day for the Full Committee.

(1) Generally. The regular meeting day of the Committee for

the transaction of Committee business shall be the first

Wednesday of each month, unless otherwise directed by the

Chairman.

(2) Notice Required. Such regular business meetings shall

not occur, unless Members are provided reasonable notice

under these rules.

(b) Regular Meeting Day for Subcommittees. There is no

regular meeting day for subcommittees.

3. Notice for meetings

(a) Generally. In the case of any meeting of the Committee,

the Chief Clerk of the Committee shall provide reasonable

notice to every Member of the Committee. Such notice shall

provide the time and place of the meeting.

(b) Definition. For purposes of this rule, ``reasonable

notice'' means:

(1) written notification;

(2) delivered by facsimile transmission or regular mail,

which is

(A) delivered no less than 24 hours prior to the event for

which notice is being given, if the event is to be held in

Washington, D.C.; or

(B) delivered no less than 48 hours prior to the event for

which notice is being given, if the event is to be held

outside Washington, D.C.

(c) Exception. In extraordinary circumstances only, the

Chairman may, after consulting with the Ranking Minority

Member, call a meeting of the Committee without providing

notice, as defined in subparagraph (b), to Members of the

Committee.

4. preparations for committee meetings

(a) Generally. Designated Committee Staff, as directed by

the Chairman, shall brief Members of the Committee at a time

sufficiently prior to any Committee meeting in order to:

(1) assist Committee Members in preparation for such

meeting; and

(2) determine which matters Members wish considered during

any meeting.

(b) Briefing Materials.

(1) Such a briefing shall, at the request of a Members,

include a list of all pertinent papers, and such other

materials, that have been obtained by the Committee that bear

on matters to be considered at the meeting; and

(2) The staff director shall also recommend to the Chairman

any testimony, papers, or other materials to be presented to

the Committee at the meeting of the Committee.

5. open meetings

(a) Generally, Pursuant to Rule XI of the House, but

subject to the limitations of subsection (b), Committee

meetings held for the transaction of business, and Committee

hearings, shall be open to the public.

(b) Exceptions. Any meetings or portion thereof, for the

transaction of business, including the markup of legislation,

or any hearing or portion thereof, shall be closed to the

public, if:

(1) the Committee determines by record vote, in open

session with a majority of the Committee present, that

disclosure of the matters to be discussed may:

(A) endanger national security;

(B) compromise sensitive law enforcement information;

(C) tend to defame, degrade, or incriminate any person; or

(D) otherwise violate any law or Rule of the House.

(2) Notwithstanding paragraph (1), a vote to close a

Committee hearing, pursuant to this subsection and House Rule

X shall be taken in open session--

(A) with a majority of the Committee being present; or

(B) pursuant to House Rule X, clause 11(d)(2), regardless

of whether a majority is present, so long as at least two

Members of the Committee are present, one of whom is a member

of the Minority, and votes upon the motion.

(c) Briefings. All Committee briefings shall be closed to

the public.

6. quorum

(a) Hearings. For purposes of taking testimony, or

receiving evidence, a quorum shall consist of two Committee

Members.

(b) Other Committee Proceedings. For purposes of the

transaction of all other Committee business, other than the

consideration of a motion to close a hearing as described in

rule 5(b)(2)(B), a quorum shall consist of a majority of

Members.

7. reporting record votes

Whenever the Committee reports any measure or matter by

record vote, the report of the Committee upon such measure or

matter shall include a tabulation of the votes cast in favor

of, and the votes cast in opposition to, such measure or

matter.

8. procedures for taking testimony or receiving evidence

(1) Notice. Adequate notice shall be given to all witnesses

appearing before the Committee.

(b) Oath or Affirmation. The Chairman may require testimony

of witnesses to be given under oath or affirmation.

(c) Administration of Oath or Affirmation. Upon the

determination that a witness shall testify under oath or

affirmation, any Member of the Committee designated by the

Chairman may administer the oath or affirmation.

(d) Interrogation of Witnesses.

(1) Generally. Interrogation of witnesses before the

Committee shall be conducted by Members of the Committee.

(2) Exceptions.

(A) The Chairman, in consultation with the Ranking Minority

Member, may determine that Committee Staff will be authorized

to question witnesses at a hearing in accordance with clause

(2)(j) of House Rule XI.

(B) The Chairman and Ranking Minority Member are each

authorized to designate Committee Staff to conduct such

questioning.

(e) Counsel for the Witness.

(1) Generally. Witnesses before the Committee may be

accompanied by counsel, subject to the requirements of

paragraph (2).

(2) Counsel Clearances Required. In the event that a

meeting of the Committee has been closed because the subject

to be discussed deals with classified information, counsel

accompanying a witness before the Committee must possess the

requisite security clearance and provide proof of such

clearance to the Committee at least 24 hours prior to the

meeting at which the counsel intends to be present.

(3) Failure to Obtain Counsel. Any witness who is unable to

obtain counsel should notify the Committee. If such

notification occurs at least 24 hours prior to the witness'

appearance before the Committee, the Committee shall then

endeavor to obtain voluntary counsel for the witness. Failure

to obtain counsel, however, will not excuse the witness from

appearing and testifying.

(4) Conduct of Counsel for Witnesses. Counsel for witnesses

appearing before the Committee shall conduct themselves

ethically and professionally at all times in their dealings

with the Committee.

(A) A majority of Members of the Committee may, should

circumstances warrant, find that counsel for a witness before

the Committee failed to conduct himself or herself in an

ethical or professional manner.

(B) Upon such finding, counsel may be subject to

appropriate disciplinary action.

(5) Temporary Removal of Counsel. The Chairman may remove

counsel during any proceeding before the Committee for

failure to act in an ethical and professional manner.

(6) Committee Reversal. A majority of the Members of the

Committee may vote to overturn the decision of the Chairman

to remove counsel for a witness.

(7) Role of Counsel for Witness.

(A) Counsel for a witness:

(i) shall not be allowed to examine witnesses before the

Committee, either directly or through cross-examination; but

(ii) may submit questions in writing to the Committee that

counsel wishes propounded to a witness; or

(iii) may suggest, in writing to the Committee, the

presentation of other evidence or the calling of other

witnesses.

(B) The Committee may make such use of any such questions,

or suggestions, as the Committee deems appropriate.

(f) Statements by Witnesses.

(1) Generally. A witness may make a statement, which shall

be brief and relevant, at the beginning and at the conclusion

of the witness' testimony.

(2) Length. Each such statements shall not exceed five

minutes in length, unless otherwise determined by the

Chairman.

(3) Submission to the Committee. Any witness desiring to

submit a written statement for the record of the proceeding

shall submit a copy of the statement to the Chief Clerk of

the Committee.

(A) Such statements shall ordinarily be submitted no less

than 48 hours in advance of the witness' appearance before

the Committee.

(B) In the event that the hearing was called with less than

24 hours notice, written statements should be submitted as

soon as practicable prior to the hearing.

(g) Objections and Ruling.

(1) Generally. Any objection raised by a witness, or

counsel for the witness, shall be ruled upon by the Chairman,

and such ruling shall be the ruling of the Committee.

(2) Committee Action. A ruling by the Chairman may be

overturned upon a majority vote of the Committee.

(h) Transcripts.

(1) Transcript Required. A transcript shall be made of the

testimony of each witness appearing before the Committee

during any hearing of the Committee.

(2) Opportunity to Inspect. Any witness testifying before

the Committee shall be given a reasonable opportunity to

inspect the transcript of the hearing, and may be accompanied

by counsel to determine whether such testimony was correctly

transcribed. Such counsel:

(A) shall have the appropriate clearance necessary to

review any classified aspect of the transcript; and

(B) should, to the extent possible, be the same counsel

that was present for such classified testimony.

(3) Corrections.

(A) Pursuant to Rule XI of the House Rules, any corrections

the witness desires to make in a transcript shall be limited

to technical, grammatical, and typographical.

(B) Corrections may not be made to change the substance of

the Testimony.

(C) Such corrections shall be submitted in writing to the

Committee within 7 days after the transcript is made

available to the witnesses.

(D) Any questions arising with respect to such corrections

shall be decided by the Chairman.

(4) Copy for the Witness. At the request of the witness,

any portion of the witness' testimony given in executive

session shall be made available to that witness if that

testimony is subsequently quote or intended to be made part

of a public record. Such testimony shall be made available to

the witness at the witness' expense.

(i) Requests to Testify.

(1) Generally. The Committee will consider requests to

testify on any matter or measure pending before the

Committee.

(2) Recommendations for Additional Evidence. Any person who

believes that testimony, other evidence, or commentary,

presented at a public hearing may tend to affect adversely

that person's reputation may submit to the Committee, in

writing:

(A) a request to appear personally before the Committee;

(B) A sworn statement of facts relevant to the testimony,

evidence, or commentary; or

(C) proposed questions for the cross-examination of other

witnesses.

(3) Committees Discretion. The Committee may take those

actions it deems appropriate with respect to such requests.

(j) Contempt Procedures. Citations for contempt of Congress

shall be forwarded to the House, only if:

(1) reasonable notice is provided to all Members of the

Committee of a meeting to be held to consider any such

contempt recommendations;

(2) the Committee has meet and considered the contempt

allegations;

(3) The subject of the allegations was afforded an

opportunity to state either in writing or in person, why he

or she should not be held in contempt; and

(4) the Committee agreed by majority vote to forward the

citation recommendations to the House.

((k) Release of Name of Witness.

(1) Generally. At the request of a witnesses scheduled to

be heard by the Committee, the name of that witness shall not

be released publicly prior to, or after, the witness'

appearance before the Committee.

(2) Exceptions. Notwithstanding paragraph (1), the chairman

may authorize the release to the public of the name of any

witness scheduled to appear before the Committee.

9. Investigations

(a) Commencing Investigations.

(1) Generally. The Committee shall conduct investigations

only if approved by the full Committee. An investigation may

be initiated either:

(A) by a vote of the full Committee;

(B) at the direction of the Chairman of the full Committee,

with notice to the Ranking Minority Member; or

(C) by written request of at lease five Members of the full

Committee, which is submitted to the Chairman.

(2) Full Committee Ratification Required. Any investigation

initiated by the Chairman pursuant to paragraphs (B) and (C)

must be brought to the attention of the full Committee for

approval, at the next regular meeting of the full Committee.

(b) Conducting Investigation. An authorized investigation

may be conducted by Members of the Committee or Committee

Staff members designated by the Chairman, in consultation

with the Ranking Minority Member, to undertake any such

investigation.

10. Subpoenas

(a) Generally. All subpoenas shall be authorized by the

Chairman of the full Committee, upon consultation with the

Ranking Minority member, or by vote of the Committee.

(b) Subpoena Contents. Any subpoena authorized by the

Chairman of the full Committee, or the Committee, may compel:

(1) the attendance of witnesses and testimony before the

Committee, or

(2) the production of memoranda, documents, records, or any

other tangible item.

(c) Signing of Subpoena. A subpoena authorized by the

Chairman of the full Committee, or the Committee, may be

signed by the Chairman, or by any Member of the Committee

designated to do so by the Committee.

(d) Subpoena Service. A subpoena authorized by the Chairman

of the full Committee, or the Committee, may be served by any

person designated to do so by the Chairman.

(e) Other Requirements. Each subpoena shall have attached

thereto a copy of these rules.

11. Committee Staff

(a) Definition. For the purpose of these rules, ``Committee

Staff'' or `staff of the Committee'' Means:

(1) employees of the Committee;

(2) consultants to the Committee;

(3) employees of other Government agencies detailed to the

Committee; or

(4) any other person engaged by contract, or otherwise, to

perform services for, or at the request of, the Committee.

(b) Appointment of Committee Staff.

(1) Chairman's Authority. The appointment of Committee

Staff shall be by the Chairman, in consultation with the

Ranking Minority Member. The Chairman shall certify Committee

Staff appointments to the Clerk of the House in writing.

(2) Security Clearance Required. All offers of employment

for prospective Committee Staff positions shall be contingent

upon:

(A) the results of a background investigation; and

(B) a determination by the Chairman that requirements for

the appropriate security clearances have been met.

(c) Responsibilities of Committee Staff.

(1) Generally. The Committee Staff works for the Committee

as a whole, under supervision and direction of the Chairman

of the Committee.

(2) Authority of the Staff Director.

(A) Unless otherwise determined by the Committee, the

duties of Committee Staff shall be performed under the direct

supervision and control of the staff director.

(B) Committee Staff personnel affairs and day-to-day

Committee Staff administrative matters, including the

security and control of classified documents and material,

shall be administered under the direct supervision and

control of the staff director.

(3) Staff Assistance to Minority Membership. The Committee

Staff shall assist the Minority as fully as the Majority of

the Committee in all matters of Committee business, and in

the preparation and filing of supplemental, minority, or

additional views, to the end that all points of view may be

fully considered by the Committee and the House.

12. Limit on Discussion of Classified Work of the Committee

(a) Prohibition.

(1) Generally. Except as otherwise provided by these rules

and the Rules of the House of Representatives, Members and

Committee staff shall not at any time, either during that

person's tenure as a Member of the Committee or as Committee

Staff, or anytime thereafter, discuss or disclose:

(A) the classified substance of the work of the Committee;

(B) any information received by the Committee in executive

session;

(C) any classified information received by the Committee

from any source; or

(D) the substance of any hearing that was closed to the

public pursuant to these rules or the Rules of the House.

(2) Non-Disclosure in Proceedings.

(A) Members of the Committee and the Committee Staff shall

not discuss either the substance or procedure of the work of

the Committee with any person not a Member of the Committee

or the Committee Staff in connection with any proceeding,

judicial or otherwise, either during the person's tenure as a

Member of the Committee, or of the Committee Staff, or at any

time thereafter, except as directed by the Committee in

accordance with the Rules of the House and these rules.

(B) In the event of the termination of the Committee,

Members and Committee Staff shall be governed in these

matters in a manner determined by the House concerning

discussions of the classified work of the Committee.

(3) Exceptions.

(A) Notwithstanding the provisions of subsection (a)(1),

Members of the Committee and the Committee Staff may discuss

and disclose those matters described in subsection (a)(1)

with--

(i) Members and staff of the Senate Select Committee on

Intelligence designated by the chairman of that committee;

(ii) the chairmen and ranking minority members of the House

and Senate Committees on Appropriations and staff of those

committees designated by the chairmen of those committees;

and

(iii) the chairman and ranking minority member of the

Subcommittee on Defense of the House Committee on

Appropriations and staff of that subcommittee as designated

by the chairman of that subcommittee.

(B) Notwithstanding the provisions of subsection (a)(1),

Members of the Committee and the Committee Staff may discuss

and disclose only that budget-related information necessary

to facilitate the enactment of the annual defense

authorization bill with the chairmen and ranking minority

members of the House and Senate Committees on Armed Services

and the staff of those committees designated by the chairmen

of those committees.

(C) Notwithstanding the provisions of subsection (a)(1),

Members of the Committee and the Committee staff may discuss

with and disclose to the chairman and ranking minority member

of a subcommittee of the House Appropriations Committee with

jurisdiction over an agency or program within the National

Foreign Intelligence Program (NFIP), and staff of that

subcommittee as designated by the chairman of that

subcommittee, only that budget-related information necessary

to facilitate the enactment of an appropriations bill within

which is included an appropriation for an agency or program

within the NFIP.

(D) The Chairman may, in consultation with the Ranking

Minority Member, upon the written request to the Chairman

from the Inspector General of an element of the Intelligence

Community, grant access to Committee transcripts or documents

that are relevant to an investigation of an allegation of

possible false testimony or other inappropriate conduct

before the Committee, or that are otherwise relevant to the

Inspector General's investigation.

(E) Upon the written request of the head of an Intelligence

Community element, the Chairman may, in consultation with the

Ranking Minority Member, make available Committee briefing or

hearing transcripts to that element for review by that

element if a representative of that element testified,

presented information to the Committee, or was present at the

briefing or hearing the transcript of which is requested for

review.

(F) Members and Committee Staff may discuss and disclose

such matters as otherwise directed by the Committee.

(b) Non-Disclosure Agreement.

(1) Generally. All Committee Staff must, before joining the

Committee, agree in writing, as a condition of employment,

not to divulge any classified information, which comes into

such person's possession while a member of the Committee

Staff, to any person not a Member of the Committee or the

Committee Staff, except as authorized by the Committee in

accordance with the Rules of the House and these rules.

(2) Other Requirements. In the event of the termination of

the Committee, Members and Committee Staff must follow any

determination by the House of Representatives, with respect

to the protection of classified information received while a

Member of the Committee or as Committee Staff.

(3) Requests for Testimony of Staff.

(A) All Committee Staff must, as a condition of employment

agree in writing, to notify the Committee immediately of any

request for testimony received while a member of the

Committee Staff, or at any time thereafter, concerning any

classified information received by such person while a member

of the Committee Staff.

(B) Committee Staff shall not disclose, in response to any

such request for testimony, any such classified information,

except as authorized by the Committee in accordance with the

Rules of the House and these rules.

(C) In the event of the termination of the Committee,

Committee Staff will be subject to any determination made by

the House of Representatives with respect to any requests for

testimony involving classified information received while a

member of the Committee Staff.

13. classified material

(a) Receipt of Classified Information.

(1) Generally. In the case of any information that has been

classified under established security procedures and

submitted to the Committee by any source, the Committee shall

receive such classified information as executive session

material.

(2) Staff Receipt of Classified Materials. For purposes of

receiving classified information, the Committee Staff is

authorized to accept information on behalf of the Committee.

(b) Non-Disclosure of Classified Information.

Generally. Any classified information received by the

Committee, from any source, shall not be disclosed to any

person not a Member of the Committee or the Committee Staff,

or otherwise released, except as authorized by the Committee

in accord with the Rules of the House and these rules.

14. Procedures related to handling of classified information

(a) Security Measures.

(1) Strict Security. The Committee's offices shall operate

under strict security procedures administered by the Director

of Security and Registry of the Committee under the direct

supervision of the staff director.

(2) U.S. Capitol Police Presence Required. At least one

U.S. Capitol Police officer shall be on duty at all times

outside the entrance to Committee offices to control entry of

all persons to such offices.

(3) Identification Required. Before entering the

Committee's offices all persons shall identify themselves to

the U.S. Capitol Police officer described in paragraph (2)

and to a Member of the Committee or Committee Staff.

(4) Maintenance of Classified Materials. Classified

documents shall be segregated and maintained in approved

security storage locations.

(5) Examination of Classified Materials. Classified

documents in the Committee's possession shall be examined in

an appropriately secure manner.

(6) Prohibition on Removal of Classified Materials. Removal

of any classified document from the Committee's offices is

strictly prohibited, except as provided by these rules.

(7) Exception. Notwithstanding the prohibition set forth in

paragraph (6), a classified document, or copy thereof, may be

removed from the Committee's offices in furtherance of

official Committee business. Appropriate security procedures

shall govern the handling of any classified documents removed

from the Committee's offices.

(b) Access to Classified Information by Member. All Members

of the Committee shall at all times have access to all

classified papers and other material received by the

Committee from any source.

(c) Need-to-know.

(1) Generally. Committee Staff shall have access to any

classified information provided to the Committee on a strict

``need-to-know'' basis, as determined by the Committee, and

under the Committee's direction by the staff director.

(2) Appropriate Clearances Required. Committee Staff must

have the appropriate clearances prior to any access to

compartmented information.

(d) Oath.

(1) Requirement. Before any Member of the Committee, or the

Committee Staff, shall have access to classified information,

the following oath shall be executed:

``I do solemnly swear (or affirm) that I will not disclose

any classified information received in the course of my

service on the House Permanent Select Committee on

Intelligence, except when authorized to do so

by the Committee or the House of Representatives.''

(2) Copy. A copy of such executed oath shall be retained in

the files of the Committee.

(e) Registry.

(1) Generally. The Committee shall maintain a registry

that:

(A) provides a brief description of the content of all

classified documents provided to the Committee by the

executive branch that remain in the possession of the

Committee; and

(B) lists by number all such documents.

(2) Designation by the Staff Director. The staff director

shall designate a member of the Committee Staff to be

responsible for the organization and daily maintenance of

such registry.

(3) Availability. Such registry shall be available to all

Members of the Committee and Committee Staff.

(f) Requests by Members of Other Committees. Pursuant to

the Rules of the House, Members who are not Members of the

Committee may be granted access to such classified

transcripts, records, data, charts, or files of the

Committee, and be admitted on a non-participatory basis to

classified hearings of the Committee involving discussions

of classified material in the following manner:

(1) Written Notification Required. Members who desire to

examine classified materials in the possession of the

Committee, or to attend Committee hearings or briefings on a

non-participatory basis, must notify the Chief Clerk of the

Committee in writing.

(2) Committee Consideration. The Committee shall consider

each such request by non-Committee Members at the earliest

practicable opportunity. The Committee shall determine, by

roll call vote, what action it deems appropriate in light of

all of the circumstances of each request. In its

determination, the Committee shall consider:

(A) the sensitivity to the national defense or the

confidential conduct of the foreign relations of the United

States of the information sought;

(B) the likelihood of its being directly or indirectly

disclosed;

(C) the jurisdictional interest of the Member making the

request; and

(D) such other concerns, constitutional or otherwise, as

may affect the public interest of the United States.

(3) Committee Action. After consideration of the Member's

request, the Committee may take any action it may deem

appropriate under the circumstances, including but not

limited to:

(A) approving the request, in whole or part;

(B) denying the request; or

(C) providing the requested information or material in a

different form than that sought by the Member.

(4) Requirements for Access by Non-Committee Members. Prior

to a non-Committee Member being given access to classified

information pursuant to this subsection, the requesting

Member shall--

(A) provide the Committee a copy of the oath executed by

such Member pursuant to House Rule XXIII, clause 13; and

(B) agree in writing not to divulge any classified

information provided to the Member pursuant to this

subsection to any person not a Member of the Committee or the

Committee Staff, except as otherwise authorized by the

Committee in accordance with the Rules of the House and these

rules.

(5) Consultation Authorized. When considering a Member's

request, the Committee may consult the Director of Central

Intelligence and such other officials it considers necessary.

(6) Finality of Committee Decision.

(A) Should the Member making such a request disagree with

the Committee's determination with respect to that request,

or any part thereof, that Member must notify the Committee in

writing of such disagreement.

(B) The Committee shall subsequently consider the matter

and decide, by record vote, what further action or

recommendation, if any, the Committee will take.

(g) Advising the House or Other Committees. Pursuant to

Section 501 of the National Security Act of 1947 (50

U.S.C.Sec. 413), and to the Rules of the House, the Committee

shall call to the attention of the House, or to any other

appropriate committee of the House, those matters requiring

the attention of the House, or such other committee, on the

basis of the following provisions:

(1) By Request of Committee Member. At the request of any

Member of the Committee to call to the attention of the

House, or any other committee, executive session material in

the Committee's possession, the Committee shall meet at the

earliest practicable opportunity to consider that request.

(2) Committee Consideration of Request. The Committee shall

consider the following factors, among any others it deems

appropriate:

(A) the effect of the matter in question on the national

defense or the foreign relations of the United States;

(B) whether the matter in question involves sensitive

intelligence sources and methods;

(C) whether the matter in question otherwise raises

questions affecting the national interest; and

(D) whether the matter in question affects matters within

the jurisdiction of another Committee of the House.

(3) Views of Other Committees. In examining such factors,

the Committee may seek the opinion of Members of the

Committee appointed from standing committees of the House

with jurisdiction over the matter in question, or submissions

from such other committees.

(4) Other Advice. The Committee may, during its

deliberations on such requests, seek the advice of any

executive branch official.

(h) Reasonable Opportunity to Examine Materials. Before the

Committee makes any decision regarding any request for access

to any classified information in its possession, or a

proposal to bring any matter to the attention of the House or

another committee, Members of the Committee shall have a

reasonable opportunity to examine all pertinent testimony,

documents, or other materials in the Committee's possession

that may inform their decision on the question.

(i) Notification to the House. The Committee may bring a

matter to the attention of the House when, after

consideration of the factors set forth in this rule, it

considers the matter in question so grave that it requires

the attention of all Members of the House, and time is of the

essence, or for any reason the Committee finds compelling.

(j) Method of Disclosure to the House.

(1) Should the Committee decide by roll call vote that a

matter requires the attention of the House as described in

subsection (i), it shall make arrangements to notify the

House promptly.

(2) In such cases, the Committee shall consider whether:

(A) to request an immediate secret session of the House

(with time equally divided between the Majority and the

Minority); or

(B) to publicly disclose the matter in question pursuant to

clause 11(g) of House Rule X.

(k) Requirement to Protect Sources and Methods. In bringing

a matter to the attention of the House, or another committee,

the Committee, with due regard for the protection of

intelligence sources and methods, shall take all necessary

steps to safeguard materials or information relating to the

matter in question.

(l) Availability of Information to Other Committees. The

Committee, having determined that a matter shall be brought

to the attention of another committee, shall ensure that such

matter, including all classified information related to that

matter, is promptly made available to the chairman and

ranking minority member of such other committee.

(m) Provision of Materials. The Director of Security and

Registry for the Committee shall provide a copy of these

rules, and the applicable portions of the Rules of the House

of Representatives governing the handling of classified

information, along with those materials determined by the

Committee to be made available to such other committee of the

House or Member (not a Member of the Committee).

(n) Ensuring Clearances and Secure Storage. The Director of

Security and Registry shall ensure that such other committee

or Member (not a Member of the Committee) receiving such

classified materials may properly store classified materials

in a manner consistent with all governing rules, regulations,

policies, procedures, and statutes.

(o) Log. The Director of Security and Registry for the

Committee shall maintain a written record identifying the

particular classified document or material provided to such

other committee or Member (not a Member of the Committee),

the reasons agreed upon by the Committee for approving such

transmission, and the name of the committee or Member (not a

Member of the Committee) receiving such document or material.

(p) Miscellaneous Requirements.

(1) Staff Director's Additional Authority. The staff

director is further empowered to provide for such additional

measures, which he or she deems necessary, to protect such

classified information authorized by the Committee to be

provided to such other committee or Member (not a Member of

the Committee).

(2) Notice to Originating Agency. In the event that the

Committee authorizes the disclosure of classified information

provided to the Committee by an agency of the executive

branch to a Member (not a Member of the Committee) or to

another committee, the Chairman may notify the providing

agency of the Committee's action prior to the transmission

of such classified information.

15. legislative calendar

(a) Generally. The Chief Clerk, under the direction of the

staff director, shall maintain a printed calendar that lists:

(1) the legislative measures introduced and referred to the

Committee;

(2) the status of such measures; and

(3) such other matters that the Committee may require.

(b) Revisions to the Calendar. The calendar shall be

revised from time to time to show pertinent changes.

(c) Availability. A copy of each such revision shall be

furnished to each Member, upon request.

(d) Consultation with Appropriate Government Entities.

Unless otherwise directed by the Committee, legislative

measures referred to the Committee shall be referred by the

Chief Clerk to the appropriate department or agency of the

Government for reports thereon.

16. committee travel

(a) Authority. The Chairman may authorize Members and

Committee Staff to travel on Committee business.

(b) Requests.

(1) Member Requests. Members requesting authorization for

such travel shall state the

purpose and length of the trip, and shall submit such request

directly to the Chairman.

(2) Committee Staff Requests. Committee Staff requesting

authorization for such travel shall state the purpose and

length of the trip, and shall submit such request through

their supervisors to the staff director and the Chairman.

(c) Notification to Members.

(1) Generally. Members shall be notified of all foreign

travel of Committee Staff not accompanying a Member.

(2) Content. All Members are to be advised, prior to the

commencement of such travel, of its length, nature, and

purpose.

(d) Trip Reports.

(1) Generally. A full report of all issues discussed during

any travel shall be submitted to the Chief Clerk of the

Committee within a reasonable period of time following the

completion of such trip.

(2) Availability of Reports. Such report shall be:

(A) available for the review of any Member or Committee

Staff; and

(B) considered executive session material for purposes of

these rules.

(e) Limitations on Travel.

(1) Generally. The Chairman is not authorized to permit

travel on Committee business of Committee Staff who have not

satisfied the requirements of subsection (d) of this rule.

(2) Exception. The Chairman may authorize Committee Staff

to travel on Committee business, notwithstanding the

requirements of subsections (d) and (e) of this rule--

(A) at the specific request of a Member of the Committee;

or

(B) in the event there are circumstances beyond the control

of the Committee Staff hindering compliance with such

requirements.

(f) Definitions. For purposes of this rule the term

``reasonable period of time'' means:

(1) no later than 60 days after returning from a foreign

trip; and

(2) no later than 30 days after returning from a domestic

trip.

(c) disciplinary actions

(a) Generally. The Committee shall immediately consider

whether disciplinary action shall be taken in the case of any

member of the Committee Staff alleged to have failed to

conform to any rule of the House of Representatives or to

these rules.

(b) Exception. In the event the House of Representatives

is:

(1) in a recess period in excess of 3 days; or

(2) has adjourned sine die; the Chairman of the full

Committee, in consultation with the Ranking Minority Member,

may take such immediate disciplinary actions deemed

necessary.

(c) Available Actions. Such disciplinary action may include

immediate dismissal from the Committee Staff.

(d) Notice to Members. All Members shall be notified as

soon as practicable, either by facsimile transmission or

regular mail, of any disciplinary action taken by the

Chairman pursuant to subsection (b).

(e) Reconsideration of Chairman's Actions. A majority of

the Members of the full Committee may vote to overturn the

decision of the Chairman to take disciplinary action pursuant

to subsection (b).

18. Broadcasting Committee Meetings

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

19. Committee Records Transferred to the National Archives

(a) Generally. The records of the Committee at the National Archives and Records Administration shall be made available for public use in accordance with the Rules of the House of Representatives.

(b) Notice of Withholding. The Chairman shall notify the Ranking Minority Member of any decision, pursuant to the Rules of the House of Representatives, to withhold a record otherwise available, and the matter shall be presented to the full Committee for a determination of the question of public availability on the written request of any Member of the Committee.

20. Changes in Rules

(a) Generally. These rules may be modified, amended, or repealed by vote of the full Committee.

(b) Notice of Proposed Changes. A notice, in writing, of the proposed change shall be given to each Member at least 48 hours prior to any meeting at which action on the proposed rule change is to be taken.

Mr. Chairman, I thank my distinguished friend, the chairman of the Committee on Rules, for yielding me this time. This is a subject that we have discussed many times. There is no question about one thing and that is that MTOPS is no longer a viable template to use as the decision-driver to control exports of high-performance computers. We, I think, all agree on that. We have economic and security concerns to weigh when we talk export on these matters. They are very serious. They affect a great many people in a great many ways. But we understand that what we are dealing with is no longer viable. What we need and what the administration is seeking, I am told, is new computer control methodology that will deal with technology as it is today, in the world as it is today that provides for our national security and provides for economic opportunity. That is something we need to do.

The risk before us right now is repealing the old system without having the new system fully in place. The Dreier amendment, I believe, allows 4 months to put the new system in place, specific consultation with the appropriate committees, those who are concerned about this on all sides of it; and it comes with a pledge from the head of our national security affairs, Condoleezza Rice, that indeed the administration is about this and a pledge from the Secretary of Commerce that says repeal of existing regulation on exports of high- performance computers until appropriate regulations are in place will not happen.

That ought to give us satisfaction. The question is, can the administration get it done in 4 months? I believe so. Are we in the process? I believe so. Should we stand pat under the old system that does not work just because we are scared to go forward with the technology in situations today? The answer is no. I believe the Dreier amendment should be considered and supported.

Mr. Chairman, I offer an amendment.

Mr. Chairman, I yield myself such time as I may consume.

Mr. Chairman, we are living in a world that we all know has been transformed very dramatically by the threat of rogue states, terrorist organizations, and Lord knows we are definitely aware of it today.

There are new costs involved in everyday life and new cautions we must heed to keep Americans safe. This is the reality of life today.

One thing that must remain constant is our ability to ensure that our soldiers, our diplomats, our public officials, no matter whether they are in uniform or not, no matter where they are located, they must serve under the honorable and meaningful protection of the flag of the United States of America.

This protection is currently threatened by any country that allows U.S. citizens to be tried for alleged war crimes and alleged crimes against humanity. These cases, coming under the so-called concept of ``universal jurisdiction,'' are cases that are usually filed in support of radical anti-Americanism for strictly political reasons that can create, unfortunately, serious obstacles for our officials to go about the conduct of their proper official business overseas.

From the perspective of our national security, the United States cannot afford to have our military commanders hindered while accomplishing the actions we ask of them necessary to ensure the safety of Americans. For example, our General Tommy Franks, of whom we are so proud, commander of our military forces in Iraq, has now a ridiculous lawsuit filed against him that alleges violations of international law.

Should the Belgium court system, where this case is filed, decide to try this case, General Franks risks being unable to travel to Brussels, the location of NATO headquarters, due to the threat of prosecution.

This amendment calls for a quick study by DOD to report to Congress on appropriate actions that could be taken when any country provides for and encourages extra-legal actions against United States officials doing their proper business under some type of so-called ``universal jurisdiction.''

We are not about to compromise our sovereignty, especially for our fighting forces protecting our freedoms on the battlefields overseas, nor should we tolerate or award the abuse of other nations' judicial systems in order to create obstacles for our troops and officials. American officials safeguarding our liberties on foreign soil must know that they can count on the rights that we as American citizens hold dear to be able to accomplish what we are asking them to undertake.

This would seem to be a frivolous matter, except it has been picked up by the press around the world and is becoming somewhat of a celebrated case.

I now am going to quote from BBC news that says, ``The action against General Franks is likely to be a test of recent revisions to the law in Brussels following high-profile cases brought against the Israeli Prime Minister Ariel Sharon and the former U.S. President George Bush, Sr.''

BBC goes on to say that the plaintiff in the case, the lawyer who is running for political office, I would point out, has told reporters, ``General Franks is responsible as commander-in-chief for the way some of his men acted on the ground. For instance, the use of cluster bombs on civilian areas is a war crime.''

I think that everybody would agree with that, but there is no proof. It is an allegation, and, of course, it is an outrage, because General Franks did no such thing.

The quote goes on to say that the suit also names Marine Lt. Colonel

Brian McCoy, who is accused of categorizing the ambulances as legitimate targets because he suspected them of harboring gunmen, so said, I guess, AFP, in this case Agency French Press.

When we start taking a look at the notoriety that these allegations are bringing to our honorable men and women in uniform overseas, we can see that we are beginning to have a problem.

Going back further to how this happened, we look to some of the press, and I am now quoting from the Seattle Press Intelligencer: ``In response to a global groundswell of demand discernible only to the Belgians, the Belgians awarded themselves the power to try anyone for war crimes committed anywhere.'' That is what we are confronting. ``Franks is charged with the bombing of civilians, indiscriminate shooting by U.S. troops, and the failure to stop looting. McCoy is charged with ordering troops to fire on ambulances.''

These are charges that are being waved about, as I say, in the press, both at home and internationally, without any kind of responsible person standing up and saying that this is hogwash and absurd; and it is time that happened. I think the best way to do it is this amendment.

I yield to the gentleman from Missouri.

I thank the distinguished gentleman. I would certainly hope there is support for it.

I yield to the gentleman from California.

Reclaiming my time, Mr. Chairman, I am most thankful to the distinguished chairman of the committee for that statement. I would advise Members that I think this is an issue that most Members would like to be heard on, so while I am relatively certain we could win this vote now tonight, I am going to ask for a recorded vote tomorrow when the appropriate moment comes.

Mr. Chairman, I yield back the balance of my time.

Mr. Chairman, I demand a recorded vote.

Mr. Chairman, I offer an amendment.

Mr. Chairman, I yield myself such time as I may consume.

Mr. Chairman, we all understand the geopolitical climate has changed tremendously in the last couple of years. Ruthless dictatorships have come and gone, democratic nations have continued to thrive, and many challenges continue to confront us.

Many challenges have been met by the United States with the help of steadfast allies in coalitions and steadfast allies in NATO. As the global evolution continues, it is prudent to pose some topical questions, particularly as we are doing this defense authorization bill.

One of those topical questions should be, is NATO now headquartered in the correct place? Is it located in a centralized area both conducive and friendly to all members of NATO?

It is the responsibility of Congress to conduct necessary oversight in this matter. NATO is expanding its membership to include seven countries from Eastern and Central Europe. This, of course, is in addition to the inclusions of Poland, Hungary, and the Czech Republic a few years ago. I would say that Members of this body have been very instrumental in assisting for the growth and enlargement of NATO to become an even more meaningful organization doing even more meaningful things today.

I think all of this reflects the burgeoning wave of democracy and freedom that is actually sweeping through that region. Those folks are looking to us for leadership and assistance in their defense, and NATO understands this trend. So the question arises, would a more centralized location of NATO headquarters enhance NATO's effectiveness?

NATO's mission is also adapting to the current geopolitical conditions. NATO is in fact a peacekeeper. Its capabilities are a great asset to us and to others, and a more centralized headquarters might indeed facilitate the shifting tasks that NATO is undertaking.

Let me be clear: NATO is a vital, integral component of our global security system. It must continue to function with strength and effectiveness in this century. I am a very big proponent of NATO. I am a member of the House NATO Parliamentarians Group. I have been many, many times to those meetings across the pond.

Our group is masterfully led by our colleague, the gentleman from Nebraska (Mr. Bereuter). It is bipartisan. It is a wonderful reflection of the United States of America and the working relationship with our allies on important and, in fact, critical national security problems; and it is carried out brilliantly through the NATO parliamentarians organization, of which the gentleman from Nebraska (Mr. Bereuter) is currently the president.

So this is not about NATO; it is about the best location for NATO under the circumstances of the time. This amendment simply calls for a study by DOD of the costs associated with the current location of NATO's headquarters and the potential costs and benefits of relocating the headquarters to another location in Europe.

This study should reflect the geopolitical realities that exist today, including especially the need to economize on our military overhead and our military and administrative costs, and reduce those where possible, and, of course, get rid of as much red tape as is possible.

So there are a bunch of reasons to talk about centralizing NATO headquarters, with the encouragement of stability and democratic government

in Eastern Europe not the least among them.

There is also, of course, the matter of the ``universal jurisdiction'' law problem in Belgium that we have recently spoken about that has an unnecessarily chilling impact on military hospitality. I am sorry to say that.

I note that even General Myers has gotten up, and I would quote from the Chicago Sun-Times: ``General Richard Myers, chief of the U.S. General Staff, intervened in the argument with Belgium,'' it has gotten to that level, ``after American officials expressed fears that the Belgian war crimes laws would expose NATO officers to the risk of arrest.'' This is a serious problem, and, of course, totally unnecessary.

I think the question we should ask that the chairman of the committee and I have talked about is are we getting the best bang for the buck from Brussels? I think that it is time for DOD to take a look at that. Remember, NATO was supposed to start in Paris. It did not fit in Paris, so it ended up in Brussels. Maybe it does not fit in Brussels today and it should end up somewhere else. This is what this is about.

I yield to the gentleman from California.

I thank the distinguished gentleman.

I yield to the gentleman from Missouri.

Mr. Chairman, I want to thank both distinguished leaders of the very important Committee on Armed Services for their support and understanding of these amendments.

Mr. Chairman, I yield back the balance of my time.

Mr. Chairman, on rollcall No. 173, I was unavoidably detained. Had I been present, I would have voted ``aye.''

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 147 and ask for its immediate consideration.

Mr. Speaker, for purposes of debate only, I yield the customary 30 minutes to the distinguished gentlewoman from New York (Ms. Slaughter), my friend and associate, pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purposes of debate on this matter only.

Mr. Speaker, I am exceedingly pleased that tonight we will consider much-needed bankruptcy reform legislation under the direction of a fair and balanced rule that makes a total of five amendments in order, including an amendment in the nature of a substitute sponsored by the gentleman from Michigan (Mr. Conyers), the ranking member.

I am proud of the tireless and extensive efforts of many Members, including the gentleman from Texas (Mr. Sessions), who will be here to address us shortly in the rule on this, and the staff who have put together countless hours toward the passage of this legislation over several years now.

Their efforts allow us to ensure that our bankruptcy laws operate fairly, efficiently and free of abuse. We must end the days when debtors who were able to repay some portion of their debts are allowed to game the system. This bill is crafted to ensure the debtor's rights to a fresh start while protecting the system from flagrant abuses by those who can pay their bills.

Congress has spoken on this issue many times before. As we all know, the 105th, the 106th, the 107th Congresses passed legislation addressing bankruptcy reform. In the 105th, the conference report passed the House, but time expired before the Senate voted on a final passage. In the 106th, the conference report received overwhelming bipartisan support in both Chambers; however, President Clinton chose to pocket veto the bill. In the 107th Congress, we came extremely close to final passage of a conference report, but in the end could not finally agree.

So, today, due to the outstanding work and leadership of the gentleman from Wisconsin (Mr. Sensenbrenner), his committee and so many Members, we have the historic opportunity to make modern bankruptcy reform a reality.

As we debate and vote today, we should keep in mind two important tenets of bankruptcy reform. First, the bankruptcy system should provide the amount of debt relief that an individual needs, no more, no less. Bankruptcy should be a last resort and not a first response to a financial crisis.

One important part of this legislation is known as the homestead provision. Protection of one's homestead is something that is very important to me and, of course, to all my constituents, and to any Member and all their constituents. The homestead provision in this legislation maintains the long-held standard that allows the States to decide if homesteads should be protected, yet prohibits those who would purchase a home before filing bankruptcy as a means to evade creditors.

By tightening our current laws and making it more difficult to escape fraud by declaring bankruptcy, we are expressing no tolerance for those who would game the system to make up for their wrongdoing.

Modern bankruptcy reform has been a long and somewhat arduous journey. It makes the most anticipated result of our work today even more rewarding. It has required not only hard work, but also some difficult decisions on the part of Congress as we know. The result is what I believe to be a carefully balanced package that protects the women, children, family farmers, low-income individuals, and provides access to bankruptcy for all Americans who have a legitimate need.

Today's vote I believe will finally make modern bankruptcy reform a reality, and, Mr. Speaker, I urge my colleagues to vote with me to support this fair rule and the underlying legislation which is long overdue.

Mr. Speaker, I yield the balance of my time to the gentleman from Texas (Mr. Sessions) for the purposes of control.

Mr. Speaker, this evening I had to depart early for a previously scheduled meeting. As a result, I was not able to be present for rollcall votes 10, 11, and 12. Had I been present, I would have voted ``yea'' on rollcall vote 10, ``nay'' on rollcall vote 11, and ``yea'' on rollcall vote 12.