[Pages H814-H821]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PUBLICATION OF COMMITTEE RULES

RULES OF THE PERMANENT SELECT COMMITTEE ON INTELLIGENCE FOR THE 118th
CONGRESS

House of Representatives, Permanent Select Committee on
Intelligence,
Washington, DC, February 9, 2023.
Hon. Kevin McCarthy,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to clause 2(a)(2) of rule XI of
the House of Representatives, the rules of procedure for the
House Permanent Select Committee on Intelligence for the
118th Congress are transmitted herewith. They were adopted on
February 7, 2023 by voice vote.
Sincerely,

Michael R. Turner,

Chairman, House Permanent Select
Committee on Intelligence.
____

RULE 1.--GENERAL PROVISIONS.

(A) Applicability of the Rules of the U.S. House of
Representatives. The Rules of the U.S. House of
Representatives (the ``House'') are the rules of the
Permanent Select Committee on Intelligence (the
``Committee'') and its subcommittees insofar as applicable.
(B) Applicability to Subcommittees. Except when the terms
``Full Committee'' and ``Subcommittee'' are specifically
mentioned, the following rules shall apply to the Committee's
subcommittees and their respective Chairs and ranking
minority members to the same extent as they apply to the full
Committee and its Chair and Ranking Minority Member.
(C) Changes in Rules. These rules may be modified, amended,
waived, or repealed by a vote of the full Committee. A
notice, in writing, of the proposed change or waiver shall be
given to each member at least 48 hours prior to any meeting
at which action on the proposed rule change or waiver is to
be taken.
(D) Committee Website. The Chair shall maintain an official
Committee website for the purposes of furthering the
Committee's legislative and oversight responsibilities,
including communicating information about the Committee's
activities to the Committee Members, other members, and the
public at large. The Ranking Minority Member may maintain a
similar website for the same purposes. The official Committee
website shall

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displaya link on its homepage to the website maintained by
the Ranking Minority Member.
(E) Activity Report. The Committee shall submit a report to
the House on the activities of the Committee in accordance
with clause 1(d) of rule XI of the Rules of the House of
Representatives.

RULE 2.--LEGISLATIVE CALENDAR AND COMMITTEE MEETINGS.

(A) Legislative Calendar.
(1) Generally. The Chief Clerk or other Committee staff
designated by the Chair, under the direction of the Staff
Director, shall maintain a calendar that lists:
(a) The legislative measures introduced and referred to the
Committee;
(b) The status of such measures; and
(c) Such other matters that the Committee may require.
(2) Revisions to the Calendar. The calendar shall be
revised from time to time to show pertinent changes. A copy
of such revision shall be furnished to each Member of the
Committee upon request.
(3) Consultation with Appropriate Government Entities.
Unless otherwise directed by the Committee, legislative
measures referred to the Committee may be referred by the
Chief Clerk to the appropriate department or agency of the
Government for reports thereon.
(B) Full Committee Regular Meeting. The regular meeting day
of the Committee for the transaction of Committee business
shall be the first Thursday on which the House of
Representatives is in session of each month, unless otherwise
directed by the Chair. The Chair of the Committee is
authorized to dispense with a regular meeting or to change
the date thereof when circumstances warrant.
(C) Additional and Special Meetings. The Chair of the
Committee may call and convene additional meetings when
circumstances warrant. A special meeting of the Committee may
be requested by Members of the Committee pursuant to the
provisions of clause 2(c)(2) and clause 2(m)(1) of House Rule
XI.
(D) Subcommittee Meetings. Except as otherwise directed by
the Chair of the full Committee, each subcommittee is
authorized to meet, hold hearings, receive testimony, mark up
legislation, and report to the full Committee on all matters
within its jurisdiction and/or referred to it. Insofar as
possible, meetings of the subcommittees shall not conflict
with meetings of the full Committee. A subcommittee Chair
shall set meeting dates only after consultation with and
approval of the Chair of the full Committee.
(E) Subcommittee Field Hearings. The Chair of the
Committee, at the request of a subcommittee Chair, may make a
temporary assignment of any Member of the Committee to such
subcommittee for the purpose of constituting a quorum at and
participating in any public hearing by such subcommittee to
be held outside of Washington, D.C. A Member appointed to
such temporary position shall not be a voting member. The
Chair of the Committee shall give reasonable notice of such
temporary assignment to the Ranking Minority Member of the
Committee and of the respective subcommittee.
(F) Notice of Meetings.
(1) Generally. In the case of any meeting of the Committee,
the Chief Clerk shall provide reasonable notice to every
Member of the Committee. Such notice shall provide the time,
place, and subject matter of the meeting, and shall be made
consistent with the provisions of clause 2(g)(3) of House
Rule XI.
(2) Hearings. Except as provided in subsection (F)(4), a
Committee hearing may not commence earlier than one week
after such notice.
(3) Business Meetings. Except as provided in subsection
(F)(4), a Committee business meeting may not commence earlier
than the third day on which Members have notice thereof
(excluding Saturdays, Sundays, and legal holidays when the
House is not in session).
(4) Exception. A hearing or business meeting may begin
sooner than otherwise specified in either of the following
circumstances (in which case the Chair shall provide the
notice at the earliest possible time):
(a) the Chair, with the concurrence of the Ranking Minority
Member, determines there is good cause; or
(b) the Committee determines by majority vote in the
presence of the number of Members required under the rules of
the Committee for the transaction of business.
(5) Definition. For purposes of this rule, ``notice''
means:
(a) Written notification; or
(b) Notification delivered by facsimile transmission,
regular mail, or electronic mail.
(G) Open Meetings.
(1) Generally, Pursuant to House Rule XI, but subject to
the limitations of subsections (G)(2) and (G)(3) of this
rule, Committee meetings held for the transaction of business
and Committee hearings shall be open to the public.
(2) 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:
(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.
(3) Hearings. The Committee may vote to close a Committee
hearing pursuant to clause 11(d)(2) of House Rule X,
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.
(4) Briefings. Committee briefings shall be closed to the
public.
(H) Broadcasting Meetings. Whenever a 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 such methods of
coverage, subject to the provisions and in accordance with
the spirit of the purposes enumerated in the Rules of the
House of Representatives.
(I) Quorum.
(1) 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.
(2) Reporting Measures and Recommendations. For purposes of
reporting a measure or recommendation, a quorum shall consist
of a majority of the Committee's Members.
(3) 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
section (G)(3), a quorum shall consist of one-third of the
Committee's Members.

RULE 3.--JURISDICTION AND MEMBERSHIP OF THE COMMITTEE AND
SUBCOMMITTEES.

(A) Generally. The Committee retains jurisdiction of all
subjects listed in clause 11(b) of House Rule X.
(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 described in section
(C).
(3) While subcommittees are provided jurisdictional
responsibilities in section (C), the Committee retains the
right to exercise oversight and legislative jurisdiction over
all subjects within its purview under House Rule X.
(B) Establishment of Subcommittees. The Committee shall be
organized into the following five subcommittees, and each
shall have specific responsibility for such legislation and
oversight of programs and policies as described in section
(C) and as the Committee refers to it:
(1) Subcommittee on the Central Intelligence Agency;
(2) Subcommittee on the National Intelligence Enterprise;
(3) Subcommittee on Defense Intelligence and Overhead
Architecture;
(4) Subcommittee on the National Security Agency and Cyber;
and
(5) Subcommittee on Oversight and Investigations.
(C) Subcommittee Jurisdiction.
(1) Subcommittee on the Central Intelligence Agency.
Legislative and oversight responsibilities shall include the
programs, policies, budget, and operations of the Central
Intelligence Agency; all covert actions of the Intelligence
Community; and the collection, exploitation, and
dissemination of human intelligence (HUMINT).
(2) Subcommittee on the National Intelligence Enterprise.
Legislative and oversight responsibilities shall include the
programs, policies, budget, and operations of the Office of
the Director of National Intelligence and the intelligence
components of the Department of Energy, Department of
Homeland Security (including the U.S. Coast Guard),
Department of Justice (including the Drug Enforcement
Administration and Federal Bureau of Investigation),
Department of State, and Department of Treasury; matters
regarding U.S. persons' privacy and civil liberties; counter-
intelligence; all domestic activities of the Intelligence
Community; and all cross-cutting matters associated with the
National Intelligence Enterprise.
(3) Subcommittee on Defense Intelligence and Overhead
Architecture. Legislative and oversight responsibilities
shall include the programs, policies, budget, operations, and
intelligence and intelligence-related activities of the
Department of Defense, including the Undersecretary of
Defense for Intelligence and Security, Defense Intelligence
Agency, National Reconnaissance Office, National Geospatial-
Intelligence Agency, and the intelligence components of the
Military Services (Army, Air Force, Marine Corps, Navy, and
Space Force); all activities funded by the Military
Intelligence Program; all matters related to the Defense
Intelligence Enterprise; and the collection, exploitation,
and dissemination of acoustic intelligence (ACINT),
geospatial intelligence (GEOINT), imagery intelligence
(IMINT), and measures and signatures intelligence (MASINT).
(4) Subcommittee on the National Security Agency and Cyber.
Legislative and oversight responsibilities shall include the
programs, policies, budget, and operations of the National
Security Agency/Central Security Service; the intelligence
and intelligence-related activities of U.S. Cyber Command
(USCYBERCOM); the collection, exploitation, and dissemination
of communications intelligence (COMINT), electronic
intelligence (ELINT), foreign instrumentation signals
intelligence (FISINT), and signals intelligence (SIGINT); and
all cyber-intelligence activities of the Intelligence
Community, including support for the nation's cyber-defense
and cyber-offense.

[[Page H816]]

(5) Subcommittee on Oversight and Investigations. Oversight
responsibilities shall include all matters within the scope
of the full Committee's jurisdiction, in concurrence with the
relevant subcommittee(s) of jurisdiction; any investigative
matters referred by the Chair; and receiving and reviewing
whistleblower complaints and other information concerning
waste, fraud, or abuse by the Intelligence Community.
(D) Subcommittee Membership.
(l) Generally. Each Member of the Committee may be assigned
to at least one of the subcommittees.
(2) Selection and Ratio of Subcommittee Members. The Chair
and Ranking Minority Member of the full Committee shall
select their respective members for each subcommittee. The
size and ratio of each subcommittee shall be determined by
the Chair, in consultation with the Ranking Minority Member.
(3) Ex Officio Membership. In the event that the Chair 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 subcommittee hearings or
meetings; and
(b) Shall not be counted for purposes of determining a
quorum at subcommittee hearings or meetings.

RULE 4.--COMMITTEE WORKING GROUPS.

(A) Generally. The Chair, in consultation with the Ranking
Minority Member, or the Chair of a subcommittee with the
concurrence of the Chair and in consultation with the ranking
minority member of that subcommittee, may designate a working
group to inquire into and take testimony on a matter that
falls within the jurisdiction of the Committee or
subcommittee, respectively.
(B) Selection and Ratio of Working Group Members. The Chair
and Ranking Minority Member of the full Committee, or
subcommittee when applicable, shall select their respective
members for each working group. The ratio of Majority to
Minority members shall be comparable to the full Committee or
respective subcommittee, consistent with the party ratios
established by the Majority party, except that each working
group shall have at least one more Majority Member than
Minority Members. The Chair, or the Chair of the designating
subcommittee, shall choose one of the Majority Members so
appointed to serve as Chair of the working group. The Ranking
Minority Member, or the ranking minority member of the
designating subcommittee, shall similarly appoint the ranking
minority member of the working group.
(C) Limitation. No working group shall have legislative
jurisdiction.

RULE 5.--OVERSIGHT AND INVESTIGATIONS.

(A) Commencing Investigations. The Committee shall commence
investigations only if approved by the Chair, in consultation
with the Ranking Minority Member.
(B) Conducting Investigations. An authorized investigation
may be conducted by Members of the Committee or Committee
staff designated by the Chair, in consultation with the
Ranking Minority Member, to undertake any such investigation.
(C) Closing Investigations. The Chair, upon notice to the
Ranking Minority Member, may halt or end a previously
authorized investigation at the Chair's discretion.

RULE 6.--COMMITTEE REPORTS.

(A) Bills and Resolutions. Each bill or resolution approved
by the Committee shall be reported by the Chair of the
Committee pursuant to clauses 2-4 of House Rule XIII.
(B) Approval of Investigative and Oversight Reports. Only
those investigative or oversight reports approved by a
majority vote of the Committee at a meeting at which a quorum
is present may be ordered printed, unless otherwise required
by the Rules of the House of Representatives.
(C) Notice of Investigative and Oversight Reports. A
proposed investigative or oversight report shall not be
considered in the Committee unless the proposed report has
been available to the Members of the Committee for at least
three calendar days (excluding Saturdays, Sundays, and legal
holidays, unless the House is in session on such days) before
consideration of such proposed report in the Committee. If a
hearing has been held on the matter reported upon, every
reasonable effort shall be made to have such hearing
transcript printed and available to the Members of the
Committee before the consideration of the proposed report in
the Committee.
(D) Additional Views. If, at the time of approval of a
report, a Member of the Committee gives notice of intent to
file supplemental, minority, additional, or dissenting views,
any Member of the Committee shall be entitled to file such
views following clause 2(1) of House Rule XI and clause
3(a)(1) of House Rule XIII.

RULE 7.--HEARING PROCEDURES.

(A) Generally. Hearings shall be conducted according to the
procedures in clause 2(k) of House Rule XI. The Chair of the
Committee or subcommittee shall make an opening statement as
set forth in clause 2(k)(1) of House Rule XI. In addition,
the Ranking Minority Member of the Committee or subcommittee
may make an opening statement.
(B) Presiding Member. The Chair of the Committee or a
subcommittee shall preside over each meeting and hearing
thereof (``the presiding member'').
(C) The Five-Minute Rule. Generally, the time any one
Member may address the Committee, subcommittee, or working
group on any measure or matter under consideration shall not
exceed five minutes and then only when the Member has been
recognized by the Chair or subcommittee Chair, as
appropriate, except that this time limit may be exceeded by
unanimous consent or authorization by the Chair. The five-
minute limitation shall not apply to the Chair and the
Ranking Minority Member or the Chair and the ranking minority
member of a subcommittee or a working group. Upon request
from a Member, the Chair may afford such Member additional
time, not to exceed two minutes, for additional remarks that
are in rebuttal of remarks made by another Member during a
hearing, briefing, or meeting concerning the requesting
Member's position or prior statements, as the Chair deems
appropriate and necessary.
(D) Markup. Prior to Committee or subcommittee markup of
legislation, Committee staff should make every reasonable
effort to resolve Majority and Minority differences regarding
the legislation.
(E) 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. Any member, upon
request, shall be recognized for not more than five minutes
to address the Committee or subcommittee on behalf of an
amendment which the member has offered to any pending bill or
resolution.
(F) Voting. Voting on a measure or matter may be by record
vote, division vote, voice vote, or unanimous consent.
(G) Request for Record Vote. A record vote of the Members
may be directed by the Chair or upon the request of any
Member.
(H) Postponement of Further Proceedings. In accordance with
clause 2(h) of House Rule XI, the Chair 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 Chair 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.
(I) 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.
(J) Availability of Record Votes on Committee Website. In
addition to any other requirement of the Rules of the House,
the Chair shall make the record votes on any measure or
matter on which a record vote is taken, other than a motion
to close a Committee hearing, briefing, or meeting, available
on the Committee's website not later than 2 business days
after such vote is taken. Such record shall include an
unclassified description of the amendment, motion, order, or
other proposition, the name of each Member voting in favor
of, and each Member voting in opposition to, such amendment,
motion, order, or proposition, and the names of those Members
of the Committee present but not voting.

RULE 8.--MOTIONS TO GO TO CONFERENCE.

In accordance with clause 2(a) of House Rule XI, the Chair
is authorized and directed to offer a privileged motion to go
to conference under clause 1 of House Rule XXII whenever the
Chair considers it appropriate.

RULE 9.--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 Chair may require testimony of
witnesses to be given under oath or affirmation,
(1) 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
Chair may administer the oath or affirmation.
(2) 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, or working
group) in the matters now under consideration will be the
truth, the whole truth, and nothing but the truth?''

(C) Counsel for the Witness.
(1) Generally. Witnesses before the Committee may be
accompanied by counsel, subject to the requirements of
subsection (C)(2).
(2) Role of Counsel for the Witness. Counsel shall not be
allowed to examine witnesses before the Committee, either
directly or through cross-examination.
(3) Counsel Clearances Required. In the event that a
meeting or hearing of the Committee may be closed because the
subject to be discussed deals with classified information,
counsel accompanying a witness before

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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 or hearing at which the counsel
intends to be present.
(4) 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's
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.
(5) 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.
(6) Temporary Removal of Counsel.
(a) The Chair may remove counsel during any proceeding
before the Committee for failure to act in an ethical and
professional manner.
(b) Upon a motion, a majority of the Members of the
Committee may vote to overturn the decision of the Chair to
remove counsel for a witness.
(D) Statements by Witnesses.
(1) Oral Statements. The Committee, subcommittees, or
working groups may direct and/or provide an opportunity for a
witness to make an oral statement, which shall be brief
and relevant, at the beginning and/or at the conclusion of
the witness's testimony at a hearing or meeting. Each such
oral statement shall not exceed five minutes in length,
unless otherwise determined by the Chair.
(2) Written Statements.
(a) Generally. The Committee, subcommittees, or working
groups may require each witness who is to appear before it to
file with the Chief Clerk 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 the submitted written statement. The submitted written
statement shall be entered for the record of the proceeding.
(i) Any prepared statement to be presented by a witness to
the Committee, subcommittees, or working groups shall be
submitted to the Committee, subcommittee, or working group in
electronic form at least 72 hours in advance of presentation
and shall be distributed to all Members of the Committee,
subcommittee, or working group as soon as practicable but not
less than 24 hours in advance of presentation.
(ii) 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.
(b) Availability of Statements. Pursuant to clause 2(g)(5)
of House Rule XI, except as provided for in paragraph (c),
written witness statements submitted for an open meeting or
hearing, with appropriate redactions to protect the privacy
or security of the witness, shall be made publicly available
in electronic form on the Committee website 24 hours before
the witness appears, to the extent practicable, but not later
than one day after the witness appears.
(c) Exception. If a prepared statement contains national
security information bearing a classification of Confidential
or higher or is from a witness expected to testify at a
closed hearing or meeting, the statement shall be made
available in the Committee rooms to all Members of the
Committee, subcommittee, or working group as soon as
practicable but not less than 24 hours in advance of
presentation; however, no such statement shall be removed
from the Committee offices or made publicly available.
(E) Questioning of Witnesses.
(1) Generally. Questioning of witnesses before the
Committee shall be conducted by Members of the Committee. In
the course of any hearing, each Member shall be allowed five
minutes for the interrogation of a witness until such time as
each Member who so desires has had an opportunity to question
the witness. Thereafter, additional rounds for questioning
witnesses by Members are within the discretion of the Chair
of the Committee, subcommittees, or working groups, as
appropriate.
(2) Exceptions.
(a) The Chair, 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 Chair and Ranking Minority Member are each
authorized to designate Committee staff to conduct such
questioning.
(F) Objections and Ruling.
(1) Generally. Any objection raised by a witness, or
counsel for the witness, shall be ruled upon by the Chair,
and such ruling shall be the ruling of the Committee.
(2) Committee Action. A ruling by the Chair may be
overturned upon a majority vote of the Committee.
(G) Record of Witness Testimony.
(1) Transcript or Recording Required. A transcript or
recording 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 or recording 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 House Rule XI, 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 Chair.
(4) Copy for the Witness. At the request of the witness,
any portion of the witness's 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's expense.
(H) 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) Committee Discretion. The Committee may take those
actions it deems appropriate with respect to such requests.
(I) 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.
(J) 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's
appearance before the Committee.
(2) Exceptions. Notwithstanding subsection (J)(1), the
Chair may authorize the release to the public of the name of
any witness scheduled to appear before the Committee.

RULE 10.--SUBPOENAS.

(A) Generally. All subpoenas shall be authorized by the
Chair of the full Committee, upon consultation with the
Ranking Minority Member, or by vote of the full Committee. A
subpoena may be authorized and issued in the conduct of any
investigation or series of investigations or activities to
require the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents as deemed necessary.
(B) Subpoena Contents. Any subpoena authorized by the Chair
of the full Committee or by the full 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 Chair
of the full Committee or by the full Committee may be signed
by the Chair or by any Member of the Committee designated to
do so by the full Committee.
(D) Subpoena Service. A subpoena authorized by the Chair of
the full Committee, or by the full Committee, may be served
by any person designated to do so by the Chair.
(E) Other Requirements. Each subpoena shall have attached
thereto a copy of these rules. All subpoenas must be reviewed
by the House Office of General Counsel and signed by the
Clerk of the House prior to issuance.
(F) Receipt of Subpoena Records.
(1) Unless otherwise determined by the Committee or
subcommittee, certain information received by the Committee
or subcommittee pursuant to a subpoena or request for
documents or information not made part of the record at an
open hearing shall be deemed to have been received in
executive session when the Chair, in the Chair's judgment and
after consultation with the Ranking Minority Member of the
Committee, deems that in view of all of the circumstances,
such as the sensitivity of the information or the
confidential nature of the information, such action is
appropriate.
(2) All national security information bearing a
classification of Confidential or higher which has been
received by the Committee or a subcommittee in response to a
subpoena request shall be deemed to have been received in
executive session and shall be given

[[Page H818]]

appropriate safekeeping in accordance with these rules.

RULE 11.--DEPOSITIONS.

(A) Generally. The Chair of the Committee, upon
consultation with to the Ranking Minority Member of the
Committee, may order the taking of depositions, under oath
and pursuant to notice or subpoena. Depositions taken under
the authority prescribed in this section shall not be
inconsistent with House Rules, resolutions, and orders,
including any applicable deposition regulations issued by the
Chair of the House Rules Committee and printed in the
Congressional Record.
(B) Notices. Notices for the taking of depositions shall
specify the date, time, and place of examination. All Members
of the Committee shall also receive three calendar days'
written notice (excluding Saturdays, Sundays, and legal
holidays, unless the House is in session on such days) that a
deposition has been scheduled, except in exigent
circumstances. Depositions may continue from day to day.
(C) Oaths. Depositions shall be taken under oath
administered by a Member or a person otherwise authorized to
administer oaths.
(D) Consultation. Consultation with the Ranking Minority
Member of the Committee shall include three calendar days'
notice (excluding Saturdays, Sundays, and legal holidays
unless the House is in session on such days), and a copy of a
proposed deposition subpoena, if applicable, before any
deposition is taken. Any such subpoena must be authorized
pursuant to rule 10 to be issued.
(E) Attendance. Deponents may be accompanied at a
deposition by two designated personal, nongovernmental
attorneys to advise them of their rights. Only Members,
Committee staff designated by the Chair of the Committee or
the Ranking Minority Member of the Committee, an official
reporter, the deponent, and the deponent's two designated
attorneys are permitted to attend. Other persons, including
government agency personnel, observers, and counsel for other
persons or for agencies under investigation, may not attend.
(F) Joint Depositions. The Chair of the Committee may
designate a deposition as part of a joint investigation
between committees, and in that case, provide notice to
Members of both committees.
(G) Who May Question. A deposition shall be conducted by
any Member or counsel designated by the Chair of the
Committee or Ranking Minority Member of the Committee. When
depositions are conducted by Committee counsel, there shall
be no more than two Committee counsel permitted to question a
witness per round. One of the Committee counsel shall be
designated by the Chair of the Committee and the other by the
Ranking Minority Member of the Committee. Other Committee
staff members designated by the Chair of the Committee or
Ranking Minority Member of the Committee may attend but may
not pose questions to the witness.
(H) Order of Questions. Questions in the deposition shall
be propounded in rounds, alternating between the majority and
minority. A single round shall not exceed 60 minutes per
side, unless the Members or counsel conducting the deposition
agree to a different length of questioning. In each round,
the Member(s) or Committee counsel designated by the Chair of
the Committee shall ask questions first, and the Member(s) or
Committee counsel designated by the Ranking Minority Member
of the Committee shall ask questions second.
(I) Objections. Any objection made during a deposition must
be stated concisely and in a non-argumentative and non-
suggestive manner. The witness may refuse to answer a
question only to preserve a privilege. When the witness has
refused to answer a question to preserve a privilege, Members
or staff may (a) proceed with the deposition, or (b) either
at that time or at a subsequent time, seek a ruling from the
Chair either by telephone or otherwise. If the Chair of the
Committee overrules any such objection during the deposition,
the witness shall be ordered to answer. If following the
deposition's recess, the Chair of the Committee overrules any
such objection and thereby orders a witness to answer any
question to which a privilege objection was lodged, such
ruling shall be filed with the Chief Clerk of the Committee
and shall be provided to the Members and the witness no less
than three days before the reconvened deposition. If a Member
of the Committee appeals in writing the ruling of the Chair,
the appeal shall be preserved for Committee consideration. A
deponent who refuses to answer a question after being
directed by the Chair in writing, or orally during the
proceeding as reflected in the record, may be subject to
sanction, except that no sanctions may be imposed if the
ruling of the Chair is reversed by the Committee on appeal.
(J) Record of Testimony. Testimony shall be either
transcribed or electronically recorded or both. If a
witness's testimony is transcribed, the witness or the
witness's counsel shall be afforded an opportunity to review
a copy. No later than five days after the witness has been
notified of the opportunity to review the transcript, the
witness may submit suggested changes to the Chair of the
Committee. Committee staff may make any typographical and
technical changes. Substantive changes, modifications,
clarifications, or amendments to the deposition transcript
submitted by the witness must be accompanied by a letter
signed by the witness requesting the changes and a statement
of the witness's reasons for each proposed change. Any
substantive changes, modifications, clarifications, or
amendments shall be included as an appendix to the transcript
conditioned upon the witness signing the transcript.
(K) Transcription Requirements. The individual
administering the oath, if other than a Member, shall certify
on the transcript that the witness was duly sworn. The
transcriber shall certify that the transcript is a true
record of the testimony, and the transcript shall be filed,
together with any electronic recording, with the Chief Clerk
of the Committee in Washington, D.C. Depositions shall be
considered to have been taken in Washington, D.C., as well as
the location actually taken once filed there with the Chief
Clerk of the Committee for the Committee's use. The Chair of
the Committee and the Ranking Minority Member of the
Committee shall be provided with a copy of the transcripts of
the deposition at the same time.
(L) Release. The Chair of the Committee and Ranking
Minority Member of the Committee shall consult in advance
regarding the release of deposition testimony, transcripts,
or recordings, and portions thereof. If either objects in
writing to a proposed release of a deposition testimony,
transcript or recording, or a portion thereof, the matter
shall be promptly referred to the Committee for resolution.

RULE 12.--RECEIPT AND HANDLING OF CLASSIFIED INFORMATION.

(A) Generally. In the case of any information that has been
classified under established security procedures and
submitted to the Committee by any source on an exclusive
basis, the Committee shall receive such classified
information as executive session material.
(B) Staff Receipt of Classified Information. For purposes
of receiving classified information, the Committee staff is
authorized to accept information on behalf of the Committee.
Committee staff shall operate under strict security
procedures administered by the Committee Security Director
under the direct supervision of the Staff Director, in
accordance with the House Permanent Select Committee on
Intelligence Security Policy Manual.
(C) Non-Disclosure of Classified Information. 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 provided by the Rules of the House and these rules.
(D) Security Measures.
(1) Strict Security. The Committee's offices shall operate
under strict security procedures administered by the Security
Director under the direct supervision of the Staff Director.
(2) U.S. Capitol Police Presence Required. At least one
uniformed 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 subsection
(D)(2) and to any appropriate Member of the Committee or
Committee staff.
(4) Maintenance of Classified Information. Classified
information shall be segregated and maintained in approved
security storage locations.
(5) Examination of Classified Information. Classified
information in the Committee's possession shall be examined
in an appropriately secure manner.
(6) Prohibition on Removal of Classified Information.
Removal of any classified information from the Committee's
offices is strictly prohibited, except as provided by these
rules.
(7) Exception. Notwithstanding the prohibition set forth in
subsection (D)(6), classified information may be removed from
the Committee's offices in furtherance of official Committee
business. Appropriate security procedures shall govern the
handling of any classified information removed from the
Committee's offices.
(8) Security Policy Manual. A security policy manual shall
be maintained by the Security Director in coordination with
the Staff Director on behalf of the Chair. All Members and
staff shall at all times adhere to the policies set forth
in the Committee Security Policy Manual. The Chair may
direct changes to the security policy of the Committee, in
consultation with the Ranking Minority Member, at any
time.
(E) Registry.
(1) Generally, The Committee shall maintain a registry
that:
(a) Provides a brief description of the content of all
classified information 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.

RULE 13.--COMMITTEE ACCESS TO CLASSIFIED INFORMATION.

(A) Obligation to Not Disclose.
(1) Oath Requirement. Before any Member of the Committee,
or the Committee staff, shall have access to classified
information, the following oath shall be executed:

[[Page H819]]

``I do solemnly swear (or affirm) that I will not disclose
or cause to be disclosed any classified information received
in the course of myservice on the House Permanent Select
Committee 011 Intelligence, except when authorized to do so
by the Committee or the House of Representatives.''

(2) Non-Disclosure Agreement. Members of the Committee and
the Committee staff shall agree in writing not to divulge or
cause to be divulged any classified information which comes
into such person's possession while a member of the
Committee, 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.
(3) Copy. A copy of such executed oath and non-disclosure
agreement shall be retained in the files of the Committee.
(B) Access to Classified Information by Members of the
Committee. All Members of the Committee shall have access to
all classified papers and other material received by the
Committee from any source, with the exception of any access
limitations established pursuant to 50 U.S.C. 3093(c)(2). If
the executive branch seeks to limit such access to classified
papers and other material in accordance with existing law or
policy and makes such request in writing, the Chair, in
consultation with the Ranking Minority Member, may agree to
restrict member and staff access to certain classified
information pursuant to the executive branch's request.
(C) Access to Classified Information by Staff of the
Committee.
(1) Appropriate Clearances Required. Committee staff must
have the appropriate clearances, as determined by the Chair
of the Committee in consultation with the Director of
National Intelligence, prior to any access to classified
information.
(2) Need-to-Know Required for Controlled Access Programs
(CAPs), Special Access Programs (SAPs), and similarly
restricted classified information. Committee staff shall have
access to CAPs, SAPs, and similarly restricted information
provided to the Committee on a strict ``need-to-know'' basis,
as determined by the Chair of the Committee, in consultation
with the Ranking Minority Member when applicable, and under
the Chair's direction by the Staff Director.
(D) Termination of Access. 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.

RULE 14.--COMMITTEE CONTROL OF ACCESS TO CLASSIFIED INFORMATION BY
OTHERS.

(A) Access to Classified Information by Non-Committee
Members. Pursuant to the Rules of the House and
notwithstanding sections (B) and (C) of this rule, members
who are not Members of the Committee may be granted access to
such classified information in the possession of the
Committee, and be admitted on a non-participatory basis to
classified hearings or briefings of the Committee involving
discussions of classified information in the following
manner:
(1) Decision of the Chair. The Chair, in consultation with
the Ranking Minority Member, may grant access to the Chair
and Ranking Minority Member of any other committee of the
House, either at the Chair's invitation or the Chair's
approval of the other committee's Chair or Ranking Minority
Member's request, to examine classified information in the
possession of the Committee, or to attend Committee hearings
or briefings relating to the lawful intelligence or
intelligence-related activities of a department or agency of
the United States on a non-participatory, case-by-case basis,
when the Chair has determined appropriate or necessary to do
so.
(a) Considerationfor Access to Classified Information.
Prior to the Chair granting access to the Chair and Ranking
Minority Member of any other committee, either through the
Chair's invitation or approval of the other committee Chair
or Ranking Minority Member's request, the Chair shall
consider:
(i) The sensitivity to the national defense or the
confidential conduct of the foreign relations of the United
States of the information sought;
(ii) The likelihood of its being directly or indirectly
disclosed;
(iii) The jurisdictional interest of the member making the
request; and
(iv) Such other concerns, constitutional or otherwise, as
may affect the public interest of the United States.
(b) Consultation Authorized. Prior to the Chair granting
access to any Chair and Ranking Minority Member of any other
committee, the Chair may consult the Director of National
Intelligence and such other officials it considers necessary.
(c) Finality of Chair's Decision. The Chair's decision
shall be final. The Chair's decision on whether to grant or
deny a request for access shall be documented in writing, a
copy of which shall be furnished to the Ranking Minority
Member of the Committee, and to the requesting member when
applicable. The Security Director of the Committee shall keep
a copy of the written determination within the files of the
Committee.
(2) Committee Approval of a Non-Committee Member's Request.
Notwithstanding the Chair's authority to approve requests for
access of the Chair or Ranking Minority Member of any other
committee as provided in subsection (A)(1), the Committee
shall consider noncommittee member requests to examine
classified information in the possession of the Committee, or
to attend Committee hearings or briefings relating to the
lawful intelligence or intelligence-related activities of a
department or agency of the United States, and may grant
access on a non-participatory, case-by-case basis, when the
Committee has determined appropriate or necessary to do so.
(a) Written Request Required. Non-committee members who
desire to examine classified information in the possession of
the Committee, or to attend Committee hearings or briefings
must notify the Chief Clerk or Committee staff designated by
the Chair. Such notification shall be in writing, and shall
state with specificity the justification for the request and
the need for access.
(b) Consideration of Request. The Committee shall consider
each such request by non-committee members at the earliest
practicable opportunity. The Committee shall determine, by
record vote, what action it deems appropriate under the
circumstances, including but not limited to:
(i) Approving the request, in whole or part;
(ii) Denying the request;
(iii) Providing the requested information or material in a
different form than that sought by the member; or
(iv) Making the requested information or material available
to all members of the House.
(c) Committee Consideration. Prior to making a
determination on the request, the Committee shall consider:
(i) The sensitivity to the national defense or the
confidential conduct of the foreign relations of the United
States of the information sought;
(ii) The likelihood of its being directly or indirectly
disclosed;
(iii) The jurisdictional interest of the member making the
request; and
(iv) Such other concerns, constitutional or otherwise, as
may affect the public interest of the United States.
(d) Consultation Authorized. Prior to the Committee taking
action on any request from a non-committee member, the
Committee may consult the Director of National Intelligence
and such other officials it considers necessary.
(3) Chair and Ranking Minority Member Consideration of
Requests for Previously Granted Materials. If the Committee
has previously granted a non-committee member access to
classified information in the possession of the Committee,
the Chair and Ranking Minority Member may jointly
determine, in writing, what action they deem appropriate
for subsequent requests for the same information in the
same Congress.
(a) In their determination, the Chair and Ranking Minority
Member shall consider the factors described in paragraph
(A)(2)(c) and may take any action they deem appropriate,
including, but not limited to, the actions described in
paragraph (A)(2)(b).
(b) If the Chair and Ranking Minority Member are unable to
reach a joint determination or if they refer a request to the
Committee, the Committee shall consider the request at the
earliest practicable opportunity in the manner described in
subsection (A)(2).
(4) Finality of Committee Decision.
(a) Should the non-committee member making such a request
disagree with the determination by the Committee or the
determination by the Chair and Ranking Minority Member with
respect to an access request or any part thereof pursuant to
subsections (A)(2) or (A)(3), 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.
(B) Access to Classified Information by Designated Members
and Staff of the House Committee on Appropriations. The
Chair, in consultation with the Ranking Minority Member, may
admit the Chair and Ranking Minority Member of the House
Committee on Appropriations, and the Chair and Ranking
Minority Member of the Subcommittee on Defense of the
Committee on Appropriations, and a designated staffer from
the Majority and Minority committee staff of the House
Committee on Appropriations and from the Subcommittee on
Defense of the Committee on Appropriations to attend closed
hearings and briefings of the Committee involving discussions
of classified information. Such members and designated staff
may also be granted access to classified information in the
possession of the Committee incident to such attendance.
(1) Admission. The Chair may determine whether to admit the
designated members and designated staff to each closed
hearing or briefing of the Committee involving discussions of
classified information. When admitted, the designated members
shall not be counted for quorum purposes and shall not have a
vote in any meeting.
(2) Reciprocity. The Chair, in consultation with the
Ranking Minority Member, may condition access provided under
section (B) on reciprocal admission of Members and staff of
the Committee to classified hearings and briefings of the
Committee on Appropriations and the Subcommittee on Defense
of the Committee on Appropriations involving discussions of
classified information.
(C) Access to Classified Information by Designated Members
and Staff of the House Committee on Armed Services. The
Chair, in consultation with the Ranking Minority Member, may
admit the Chair and Ranking Minority Member, and a designated
staff member of the Majority and Minority of the

[[Page H820]]

House Committee on Armed Services to closed hearings and
briefings of the Committee involving discussions of
classified information. Such members and designated staff may
also be granted access to classified information in the
possession of the Committee incident to such attendance.
(1) Admission. The Chair may determine whether to admit the
designated members and designated staff to each closed
hearing or briefing of the Committee involving discussions of
classified information. When admitted, the designated members
shall not be counted for quorum purposes and shall not have a
vote in any meeting.
(2) Reciprocity. The Chair, in consultation with the
Ranking Minority Member, may condition access provided under
section (C) on reciprocal admission of Members and staff of
the Committee to classified hearings and briefings of the
Committee on Armed Services involving discussions of
classified information.
(D) Calling Information to the Attention of the House.
Pursuant to Section 501 of the National Security Act of 1947
(50 U.S.C. 3091), and to the Rules of the House, the
Committee shall call to the attention of the House those
matters requiring the attention of the House on the basis of
the following provisions:
(1) By Request of a Committee Member. At the request of any
Member of the Committee to call to the attention of the
House, the Committee shall meet at the earliest practicable
opportunity to consider and make a determination.
(2) Factors to be Considered. Prior to making a
determination on the 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 seek the advice of any
executive branch official when considering whether to call
information to the attention of the House.
(5) Reasonable Opportunity to Examine Materials. Before the
Committee makes any decision regarding any proposal to bring
any matter to the attention of the House, 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.
(6) 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 important 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.
(7) Method of Disclosure to the House.
(a) Should the Committee decide by record vote that a
matter requires the attention of the House, it shall make
arrangements to notify the House.
(b) In such cases, the Committee shall consider whether:
(i) To request an immediate closed session of the House
(with time equally divided between the Majority and the
Minority); or
(ii) To publicly disclose the matter in question pursuant
to clause 11(g) of House Rule X.
(E) Requirement to Protect Sources and Methods. In bringing
a matter to the attention of the House or to any non-
committee member or staff, 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.
(F) Acknowledgement of Rules. Prior to any classified
information within the possession of the Committee being made
available to any non-committee member or staff, the Security
Director for the Committee shall provide each recipient a
copy of these rules, as well as the applicable portions of
the Committee's Security Policy Manual and the Rules of the
House of Representatives governing the handling and
disclosure of classified information. A copy of each
recipient's signed acknowledgement of receipt and agreement
to comply shall be retained in the files of the Committee.
(G) Records and Notes. Any records or notes taken by any
non-committee member or staff incident to receiving access to
classified information in the possession of the Committee
pursuant to this rule, including executive session
information and the substance of any hearing or briefing that
was closed to the public, shall remain Committee information
subject to these rules and stored in the possession of the
Committee.
(H) Ensuring Clearances and Secure Storage. If the
Committee determines, upon record vote, that such classified
information made available to a non-committee member or
staff, or any records or notes taken by the non-committee
member or staff incident to accessing such classified
information, may be stored by a non-committee member on a
temporary or permanent basis, prior to such storage the
Security Director shall ensure that such other non-committee
member receiving such classified information has the ability
to properly store classified information in a manner
consistent with all governing rules, regulations, policies,
procedures, and statutes.
(I) Log. The Security Director for the Committee shall
maintain a written record identifying the name of each non-
committee member and staff receiving access to classified
information in the possession of the Committee, the
particular classified information provided to such non-
committee member or staff, and the date upon which such
material is provided and the date upon which such material
will cease to be provided.
(J) Additional Authority.
(a) 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 Chair or the
Committee to be provided to such non-committee member or
staff.
(b) Notice to Originating Agency. In the event that the
Chair or the Committee grants access to classified
information provided to the Committee by an agency of the
executive branch to a non-committee member or staff pursuant
to this rule, the Committee shall notify the providing agency
of such action.
(c) Requests to Limit Access for Non-Committee Members and
Staff. If the executive branch seeks to limit such access to
classified information in accordance with existing law or
policy and makes such request in writing, the Chair, in
consultation with the Ranking Minority Member, may agree to
restrict access to certain classified information pursuant to
the executive branch's request.

RULE 15.--LIMITS ON DISCUSSION OF CLASSIFIED INFORMATION.

(A) Generally. Except as otherwise provided by these rules
and the Rules of the House of Representatives, Members of the
Committee 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, or cause to be discussed or disclosed:
(1) The classified substance of the work of the Committee;
(2) Any information, whether classified or not, received by
the Committee in executive session;
(3) Any classified information received by the Committee
from any source; or
(4) The substance, whether classified or not, of any
Committee event that was closed to the public pursuant to
these rules or the Rules of the House, to include the
questions or statements of other Members or staff.
(B) Exceptions.
(1) Notwithstanding the provisions of section (A) of this
rule, Members of the Committee and the Committee staff may
discuss and disclose those matters described in section (A)
with:
(a) Members and staff of the Senate Select Committee on
Intelligence designated by the Chair of that committee;
(b) The Chairs and Ranking Minority Members of the House
and Senate Committees on Appropriations and staff of those
committees designated by the Chairs of those committees;
(c) The Chair and Ranking Minority Member of the
Subcommittee on Defense of the House Committee on
Appropriations and staff of that subcommittee as designated
by the Chair of that subcommittee; and
(d) The Chairs and Ranking Minority Members of the House
and Senate Committees on Armed Services and staff of those
committees designated by the Chairs of those committees, on
all matters relating to any Military Intelligence Programs or
Special Access Programs, or other intelligence and
intelligence-related activities of or concerning the
Department of Defense.
(2) Notwithstanding the provisions of section (A), Members
of the Committee and the Committee staff may discuss with and
disclose to the Chair and Ranking Minority Member of a
subcommittee of the House Appropriations Committee, and staff
of that subcommittee as designated by the Chair of that
subcommittee, or a subcommittee of the House Armed Services
Committee, and staff of that subcommittee as designated by
the Chair of that subcommittee, only the budget-related
information regarding an agency or program as is necessary to
facilitate the enactment of an appropriations or
authorization bill which includes an authorization or
appropriation for such agency or program.
(3) The Chair may, in consultation with the Ranking
Minority Member, upon the written request to the Chair 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.
(4) Upon the written request of the head of an Intelligence
Community element, the Chair 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

[[Page H821]]

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.
(5) Members of the Committee and Committee staff may
discuss and disclose such matters as otherwise directed by
the Committee, pursuant to the Rules of the House of
Representatives and these rules.
(C) Requirement to Protect Sources and Methods. When
discussing or disclosing any information pursuant to section
(B), Members of the Committee and Committee staff shall take
all necessary steps to safeguard materials or information
relating to the matter in question, with due regard for the
protection of intelligence sources and methods.
(D) Records of Closed Proceedings. Any records or notes
taken by any person memorializing material otherwise
prohibited from disclosure by Members of the Committee and
Committee staff under these rules, including information
received in executive session and the substance of any
hearing or briefing that was closed to the public, shall
remain Committee material subject to these rules and may not
be publicly discussed, disclosed, or caused to be publicly
discussed or disclosed, unless authorized by the Committee
consistent with these rules.
(E) Non-Disclosure in Proceedings. 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.
(F) Requests for Testimony of Staff
(1) 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.
(2) 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.
(3) 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.

RULE 16.--COMMITTEE STAFF.

(A) Definition. In 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) Chair's Authority. Except as provided in subsection
(B)(2), the Committee staff shall be appointed, and may be
removed, by the Chair and shall work under the general
supervision and direction of the Chair.
(2) Staff Assistance to Minority Membership. Except as
provided in subsection (B)(3) and section (D), and except as
otherwise provided by these 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 Ranking Minority Member.
(3) Security Clearance Required. Except as provided in
section (C), any offer of employment for a prospective
Committee staff position shall be contingent upon:
(a) The completion of a background investigation, when
applicable; and
(b) A determination by the Chair, in consultation with the
Director of National Intelligence, that requirements for the
appropriate security clearances commensurate with the
sensitivity of the classified information to which such
employee or person will be given access have been met.
(C) Personnel to Perform Non-Classified Functions of the
Committee. As necessary and on a case-by-case basis, the
Chair may appoint Committee staff who shall perform only non-
classified functions and administrative tasks of the
Committee. Such employees may be appointed without the
completion of a formal background investigation. The Staff
Director and Security Director shall implement necessary
measures to ensure such an employee has no access to any
classified information.
(D) Security and Non-disclosure of Classified Information.
Notwithstanding subsection (B)(2), the Chair shall supervise
and direct the Committee staff with respect to the security
and non-disclosure of classified information. Committee staff
shall comply with requirements necessary to ensure the
security and non-disclosure of classified information as
determined by the Chair, in consultation with the Ranking
Minority Member.
(E) Other Conditions of Employment. All Committee staff
must, before joining the Committee staff, agree in writing,
as a condition of employment, to be bound by the Rules of the
House, including the jurisdiction of the Committee on Ethics
and of the Committee concerning the security of classified
information during and after the period of the employment or
contractual agreement of such employee or person with the
Committee, and to not to divulge or cause to be divulged 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.

RULE 17.--COMMITTEE TRAVEL.

(A) Authority. The Chair 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 Chair.
(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 Chair.
(C) Notification to Members.
(1) Generally. Members of the Committee shall be notified
of all official foreign travel of Committee staff, prior to
the commencement of such travel, when the travel is to be
conducted without an accompanying Member.
(2) Content. All Members of the Committee are to be
advised, prior to the commencement of such travel, of its
length, nature, and purpose.
(D) Trip Reports.
(1) Generally. The lead Committee staff accompanying an
official Committee travel delegation shall submit a full
report of all issues discussed during any travel to the Chief
Clerk within a reasonable period of time following the
completion of such trip. For purposes of this rule, the term
``reasonable period of time'' means:
(a) No later than 30 days after returning from a foreign
trip; and
(b) No later than 15 days after returning from a domestic
trip.
(2) Availability of Reports. Such trip reports shall be:
(a) Available for review by any Member or appropriately
cleared Committee staff; and
(b) Considered executive session material for purposes of
these rules.
(E) Limitations on Travel.
(1) Generally. The Chair may prohibit Committee business
travel of Committee staff who fail to comply with the
requirements of subsection (D)(1) of this rule.
(2) Exception. The Chair may authorize Committee staff to
travel on Committee business, notwithstanding the
requirements of subsection (D)(l) 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.

RULE 18.--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 Chair 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.

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