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COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY

GEORGE E. BROWN, JR., California, Chairman

JAMES H. SCHEUER, New York
MARILYN LLOYD, Tennessee
DAN GLICKMAN, Kansas
HAROLD L. VOLKMER, Missouri
HOWARD WOLPE, Michigan
RALPH M. HALL, Texas
DAVE MCCURDY, Oklahoma
NORMAN Y. MINETA, California
TIM VALENTINE, North Carolina
ROBERT G. TORRICELLI, New Jersey
RICK BOUCHER, Virginia
TERRY L. BRUCE, Illinois
RICHARD H. STALLINGS, Idaho
JAMES A. TRAFICANT, JR., Ohio
HENRY J. NOWAK, New York
CARL C. PERKINS, Kentucky
TOM MCMILLEN, Maryland
DAVID R. NAGLE, Iowa
JIMMY HAYES, Louisiana
JERRY F. COSTELLO, Illinois
JOHN TANNER, Tennessee
GLEN BROWDER, Alabama
PETE GEREN, Texas

RAY THORNTON, Arkansas
JIM BACCHUS, Florida

TIM ROEMER, Indiana

ROBERT E. "BUD" CRAMER, Alabama
DICK SWETT, New Hampshire
MICHAEL J. KOPETSKI, Oregon
JOAN KELLY HORN, Missouri
ELIOT L. ENGEL, New York

JOHN W.OLVER, Massachusetts

KF2

S3974 1992

ROBERT S. WALKER, Pennsylvania vol

F. JAMES SENSENBRENNER, JR.,
Wisconsin

SHERWOOD L. BOEHLERT, New York
TOM LEWIS, Florida

DON RITTER, Pennsylvania
SID MORRISON, Washington
RON PACKARD, California
PAUL B. HENRY, Michigan
HARRIS W. FAWELL, Illinois
LAMAR SMITH, Texas
CONSTANCE A. MORELLA, Maryland
DANA ROHRABACHER, California
STEVEN H. SCHIFF, New Mexico

TOM CAMPBELL, California

JOHN J. RHODES, III, Arizona

JOE BARTON, Texas

DICK ZIMMER, New Jersey
WAYNE T. GILCHREST, Maryland
SAM JOHNSON, Texas
GEORGE ALLEN, Virginia

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CONTENTS

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ENVIRONMENTAL CRIMES AT THE ROCKY

FLATS NUCLEAR WEAPONS FACILITY

THURSDAY, SEPTEMBER 10, 1992

HOUSE OF REPRESENTATIVES,

COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY,
SUBCOMMITTEE ON INVESTIGATIONS AND OVERSIGHT,

Washington, DC.

The subcommittee met at 10:40 a.m. in room 2325, Rayburn House Office Building, Hon. Howard Wolpe (Chairman of the subcommittee) presiding.

Mr. WOLPE. The subcommittee will come to order.

The gentleman from Wisconsin, Mr. Sensenbrenner.

Mr. SENSENBRENNER. Mr. Chairman, these rules require that notice be given to the Members of the Committee. I know as a fact that Mr. Walker did not receive any notice. And upon inquiry, the full committee staff said, well, that's the subcommittee's responsibility and the Subcommittee staff said that that's the full Committee's responsibility.

The rule also requires that the Daily Digest editor of the Congressional Record and the House Information Systems scheduling service be notified when hearings are called. And I have a fax copy of yesterday's Congressional Record announcing committee meetings for Thursday, September 10, 1992, and there are no meetings that are listed as being scheduled by the Committee on Science, Space, and Technology.

The purpose for public notification as well as publication in the scheduling service and in the Congressional Record is so that the public and the press knows when these meetings are and they can decide whether to attend them or not. The Subcommittee staff, quite frankly, screwed up in this instance. It is not legal for the Committee to proceed taking testimony because of the mistake that was made by the Subcommittee staff. There has not been adequate notice that has been submitted pursuant to both the rules of the House and committee rules, and I would ask the Chair to sustain my point of order.

Mr. WOLPE. The Chair would like to respond to the gentleman from Wisconsin. I believe the gentleman is simply incorrect in his statement, in his assertions. I have in front of me the notice that went out on August 20th to all Members of the Subcommittee on Investigations and Oversight noticing this meeting. I think you will discover, if you ask other Members whether they received notification, that they are here precisely because they did receive notifica

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tion. So I think there may have been an internal problem within the gentleman's

Mr. SENSENBRENNER. Well, if the Chairman will yield. Part of Rule 11, subparagraph (3) says "Any announcement made under this subparagraph shall be promptly published in the Daily Digest and promptly entered into the committees scheduling service of the House Information Service." I have the Daily Digest from yesterday's Congressional Record and there are no entries for hearings in this subcommittee or the full Committee on Science, Space, and Technology. The staff of the Subcommittee has, quite frankly, violated the rule.

There is not a problem in the gentleman from Wisconsin's scheduling; there is a problem with the compliance with the rules of the House of Representatives by the staff of the majority of this subcommittee. The press would have no way of knowing that this subcommittee is meeting without an entry into the Daily Digest and into the scheduling service. And there was no entry.

I think that what the Chairman is going to have to do is sustain the point of order and tell the staff to do it right and reschedule this meeting for the next time.

Mr. WOLPE. The Congressional rules, if I may reclaim my time and respond, the requirement of notice is with respect to notice of Members of the Subcommittee. That Congressional rule was adhered to in every respect. The purpose of notification of the of the publication is as a courtesy and service to both the public and the press to notify them of public hearings. I assume the reason that perhaps did not happen in this instance is because of our indication at the last meeting that we would be taking testimony today in Executive Session and that the meeting would be closed once we convened.

Mr. SENSENBRENNER. Would the Chairman yield again?
Mr. WOLPE. I'd be pleased to.

Mr. SENSENBRENNER. The rules also very clearly state that in order to legally go into Executive Session, there has to be a vote to do so in an open session. And if the notice is defective so that the press can't find out when the open sessions are, they are thus frustrated from being able to accurately report on when committees are meeting in secret and when committees are meeting in the open.

Mr. WOLPE. Okay. Well, let me repeat one more time that the Members of the Subcommittee were noticed appropriately in a timely fashion. The essential requirement was met, and the Chair will not sustain the point of order.

Mr. SENSENBRENNER. Mr. Chairman, I appeal from the decision of the Chair. The House rule is mandatory, it is not discretionary on the notice to the Daily Digest and to the scheduling service. And I appeal from the the decision of the Chair and ask that the Chair's decision be overturned and the House rules be upheld.

Mr. WOLPE. Well, we will have a vote on the appeal from the decision of the Chair in a moment. I would only observe that the witnesses have been subpoenaed to appear on this date, it was understood by all Members of the Committee what was going to be going forward, it was noticed in a public way at the time last time out.

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