Mr. Speaker, in accordance with the rules of the House of Representatives, I respectfully submit the rules of the Permanent Select Committee on Intelligence for the 110th Congress for publication in the Congressional Record. The committee…
Mr. Speaker, in accordance with the rules of the House of Representatives, I respectfully submit the rules of the Permanent Select Committee on Intelligence for the 110th Congress for publication in the Congressional Record.
The committee adopted these rules by voice vote, with a quorum being present, at our organizational meeting on January 18, 2007.
Pursuant to rule XI, Clause 2(a)(2) of the Rules of the House of Representatives, I respectfully submit the rules for the 110th Congress for the Permanent Select Committee on Intelligence for publication in the Congressional Record. The Committee adopted these rules by voice vote, with a quorum being present, at our organizational meeting on January 18, 2007.
Rules of Procedure for the Permanent Select Committee on Intelligence
United States House of Representatives 110th Congress (House of
Representatives--January 18, 2007)
Rules of Procedure for the Permanent Select Committee on
Intelligence
1. MEETING DAY
Regular Meeting Day for the Full Committee. The regular
meeting day of the Committee for the transaction of Committee
business shall be the first Wednesday of each month, unless
otherwise directed by the Chairman.
2. NOTICE FOR MEETINGS
(a) Generally.--In the case of any meeting of the
Committee, the Chief Clerk of the Committee shall provide
reasonable notice to every Member of the Committee. Such
notice shall provide the time and place of the meeting.
(b) Definition.--For purposes of this rule, ``reasonable
notice'' means:
(1) Written notification;
(2) Delivered by facsimile transmission, regular mail, or
electronic mail that is
(A) Delivered no less than 24 hours prior to the event for
which notice is being given, if the event is to be held in
Washington, D.C.; or
(B) Delivered no less than 48 hours prior to the event for
which notice is being given, if the event is to be held
outside Washington, D.C.
(c) Exception.--In extraordinary circumstances only, the
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.
3. 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 Member,
include a list of all pertinent papers, and such other
materials, that have been obtained by the Committee that bear
on matters to be considered at the meeting; and
(2) The Staff Director shall also recommend to the Chairman
any testimony, papers, or other materials to be presented to
the Committee at the meeting of the Committee.
4. OPEN MEETINGS
(a) Generally.--Pursuant to Rule XI of the House, but
subject to the limitations of subsections (b) and (c),
Committee meetings held for the transaction of business and
Committee hearings shall be open to the public.
(b) Meetings.--Any meeting or portion thereof, for the
transaction of business, including the markup of legislation,
or any hearing or portion thereof, shall be closed to the
public, if the Committee determines by record vote in open
session, with a majority of the Committee present, that
disclosure of the matters to be discussed may:
(1) Endanger national security;
(2) Compromise sensitive law enforcement information;
(3) Tend to defame, degrade, or incriminate any person; or
(4) Otherwise violate any law or Rule of the House.
(c) Hearings.--The Committee may vote to close a Committee
hearing pursuant to 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.
(d) Briefings.--The Committee briefings shall be closed to
the public.
5. QUORUM
(a) Hearings.--For purposes of taking testimony, or
receiving evidence, a quorum shall consist of two Committee
Members, at least one of whom is a member of the Majority.
(b) Other Committee Proceedings.--For purposes of the
transaction of all other Committee business, other than the
consideration of a motion to close a hearing as described in
rule 4(c), a quorum shall consist of a majority of Members.
6. procedures for amendments and votes
(a) Amendments.--When a bill or resolution is being
considered by the Committee, Members shall provide the Chief
Clerk in a timely manner with a sufficient number of written
copies of any amendment offered, so as to enable each Member
present to receive a copy thereof prior to taking action. A
point of order may be made against any amendment not reduced
to writing. A copy of each such amendment shall be maintained
in the public records of the Committee.
(b) Reporting Recorded Votes.--Whenever the Committee
reports any measure or matter by record vote, the report of
the Committee upon such measure or matter shall include a
tabulation of the votes cast in favor of, and the votes cast
in opposition to, such measure or matter.
(c) Postponement of Further Proceedings.--In accordance
with clause 2(h) of House Rule XI, the Chairman is authorized
to postpone further proceedings when a record vote is ordered
on the question of approving a measure or matter or adopting
an amendment. The Chairman may resume proceedings on a
postponed request at any time after reasonable notice. When
proceedings resume on a postponed question, notwithstanding
any intervening order for the previous question, an
underlying proposition shall remain subject to further debate
or amendment to the same extent as when the question was
postponed.
7. 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.
(4) For purposes of these rules, any reference herein to
the ``Committee'' shall be interpreted to include
subcommittees, unless otherwise specifically provided.
(b) Establishment of Subcommittees.--The Committee
establishes the following subcommittees:
(1) Subcommittee on Terrorism, Human Intelligence,
Analysis, and Counterintelligence;
(2) Subcommittee on Technical and Tactical Intelligence;
(3) Subcommittee on Oversight and Investigations; and,
(4) Subcommittee on Intelligence Community Management.
(c) Subcommittee Membership.
(1) Generally.--Each Member of the Committee may be
assigned to at least one of the four subcommittees.
(2) Ex Officio Membership.--In the event that the 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.
(d) Regular Meeting Day for Subcommittees.--There is no
regular meeting day for subcommittees.
8. PROCEDURES FOR TAKING TESTIMONY OR RECEIVING EVIDENCE
(a) Notice.--Adequate notice shall be given to all
witnesses appearing before the Committee.
(b) Oath or Affirmation.--The 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) Questioning of Witnesses.
(1) Generally.--Questioning 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 statement 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 and shall be submitted in written and
electronic format.
(B) In the event that the hearing was called with less than
24 hours notice, written statements should be submitted as
soon as practicable prior to the hearing.
(g) Objections and Ruling.
(1) Generally.--Any objection raised by a witness, or
counsel for the witness, shall be ruled upon by the 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) May review the transcript only if he or she has the
appropriate security clearances necessary to review any
classified aspect of the transcript; and
(B) Should, to the extent possible, be the same counsel
that was present for such classified testimony.
(3) Corrections.
(A) Pursuant to Rule XI of the House Rules, any corrections
the witness desires to make in a transcript shall be limited
to technical, grammatical, and typographical corrections.
(B) Corrections may not be made to change the substance of
the Testimony.
(C) Such corrections shall be submitted in writing to the
Committee within 7 days after the transcript is made
available to the witnesses.
(D) Any questions arising with respect to such corrections
shall be decided by the 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 quoted or intended to be made part
of a public record. Such testimony shall be made available to
the witness at the witness' expense.
(i) Requests to Testify.
(1) Generally.--The Committee will consider requests to
testify on any matter or measure pending before the
Committee.
(2) Recommendations for Additional Evidence.--Any person
who believes that testimony, other evidence, or commentary,
presented at a public hearing may tend to affect adversely
that person's reputation may submit to the Committee, in
writing:
(A) A request to appear personally before the Committee;
(B) A sworn statement of facts relevant to the testimony,
evidence, or commentary; or
(C) Proposed questions for the cross-examination of other
witnesses.
(3) 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 met and considered the contempt
allegations;
(3) The subject of the allegations was afforded an
opportunity to state either in writing or in person, why he
or she should not be held in contempt; and
(4) The Committee agreed by majority vote to forward the
citation recommendations to the House.
(k) Release of Name of Witness.
(1) Generally.--At the request of a witness scheduled to be
heard by the Committee, the name of that witness shall not be
released publicly prior to, or after, the witness' appearance
before the Committee.
(2) Exceptions.--Notwithstanding paragraph (1), the
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.--The Committee shall conduct
investigations only if approved by the Chairman, in
consultation with the Ranking Minority Member.
(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 and Security
Requirements.
(1) Chairman's Authority.--Except as provided in paragraph
(2), the Committee Staff shall be appointed, and may be
removed, by the Chairman and shall work under the general
supervision and direction of the Chairman.
(2) Staff Assistance to Minority Membership.--Except as
provided in paragraphs (3) and (4) and except as otherwise
provided by Committee Rules, the Committee Staff provided to
the Minority Party Members of the Committee shall be
appointed, and may be removed, by the Ranking Minority Member
of the Committee, and shall work under the general
supervision and direction of such member.
(3) Security Clearance Required.--All offers of employment
for prospective Committee Staff positions shall be contingent
upon:
(A) The results of a background investigation; and
(B) A determination by the Chairman that requirements for
the appropriate security clearances have been met.
(4) Security Requirements.--Notwithstanding paragraph (2),
the Chairman shall supervise and direct the Committee Staff
with respect to the security and nondisclosure of classified
information. Committee Staff shall comply with requirements
necessary to ensure the security and nondisclosure of
classified information as determined by the Chairman in
consultation with the Ranking Minority Member.