Congressional Record: February 25, 2003 (Senate)
Page S2689-S2694
RULES OF THE SELECT COMMITTEE ON INTELLIGENCE
Mr. ROBERTS. Mr. President, paragraph 2 of Senate Rule XXVI requires
that not later than March 1 of the first year of each Congress, the
rules of each Committee shall be published in the Record.
In compliance with this provision, I ask unanimous consent that the
Rules of the Select Committee on Intelligence be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Rules of Procedure for the Select Committee on Intelligence, United
States Senate
(Adopted June 23, 1976)
(Amended October 24, 1990
(Amended February 25, 1993)
(Amended February 22, 1995)
Rule 1. Convening of Meetings
1.1. The regular meeting day of the Select Committee on
Intelligence for the transaction of Committee business shall
be every other Wednesday of each month, unless otherwise
directed by the Chairman.
1.2. The Chairman shall have authority, upon notice, to
call such additional meetings of the Committee as he may deem
necessary and may delegate such authority to any other member
of the Committee.
1.3. A special meeting of the Committee may be called at
any time upon the written request of five or more members of
the Committee filed with the Clerk of the Committee.
1.4. In the case of any meeting of the Committee, other
than a regularly scheduled meeting, the Clerk of the
Committee shall notify every member of the Committee of the
time and place of the meeting and shall give reasonable
notice which, except in extraordinary circumstances, shall be
at least 24 hours in advance of any meeting held in
Washington, D.C. and at least 48 hours in the case of any
meeting held outside Washington, D.C.
1.5. If five members of the Committee have made a request
in writing to the Chairman to call a meeting of the
Committee, and the Chairman fails to call such a meeting
within seven calendar days thereafter, including the day on
which the written notice is submitted, these members may call
a meeting by filing a written notice with the Clerk of the
committee in writing of the date and time of the meeting.
Rule 2. Meeting Procedures
2.1. Meetings of the Committee shall be open to the public
except as provided in S. Res. 9, 94th Congress, 1st Session.
2.2. It shall be the duty of the Staff Director to keep or
cause to be kept a record of all Committee proceedings.
2.3. The Chairman of the Committee, of if the Chairman is
not present the Vice Chairman, shall preside over all
meetings of the Committee. In the absence of the Chairman and
the Vice Chairman at any meeting the ranking majority member,
or if no majority member is present the ranking minority
member present shall preside.
2.4. Except as otherwise provided in these Rules, decisions
of the Committee shall be by a majority vote of the members
present and voting. A quorum for the transaction of Committee
business, including the conduct of executive sessions, shall
consist of no less than one third of the Committee Members,
except that for the purpose of hearing witnesses, taking
sworn testimony, and receiving evidence under oath, a
quorum may consist of one Senator.
2.5. A vote by any member of the Committee with respect to
any measure or matter being considered by the Committee may
be cast by proxy if the proxy authorization (1) is in
writing; (2) designates the member of the Committee who is to
exercise the proxy; and (3) is limited to a specific measure
or matter and any amendments pertaining thereto. Proxies
shall not be considered for the establishment of a quorum.
2.6. Whenever the Committee by roll call vote reports any
measure or matter, 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 by each member of the Committee.
Rule 3. Subcommittees
Creation of subcommittees shall be by majority vote of the
Committee. Subcommittees shall deal with such legislation and
oversight of programs and policies as the Committee may
direct. The subcommittees shall be governed by the Rules of
the Committee and by such other rules they may adopt which
are consistent with the Rules of the Committee.
Rule 4. Reporting of Measures or Recommendations
4.1. No measures or recommendations shall be reported,
favorably or unfavorably, from the Committee unless a
majority of the Committee is actually present and a majority
concur.
4.2. In any case in which the Committee is unable to reach
a unanimous decision, separate views or reports may be
presented by any member or members of the Committee.
4.3. A member of the Committee who gives notice of his
intention to file supplemental, minority, or additional views
at the time of final Committee approval of a measure or
matter, shall be entitled to not less than three working days
in which to file such views, in writing with the Clerk of the
Committee. Such views shall then be included in the Committee
report and printed in the same volume, as a part thereof, and
their inclusion shall be noted on the cover of the report.
4.4. Routine, non-legislative actions required of the
Committee may be taken in accordance with procedures that
have been approved by the Committee pursuant to these
Committee Rules.
Rule 5. Nominations
5.1. Unless otherwise ordered by the Committee, nominations
referred to the Committee shall be held for at least 14 days
before being voted on by the Committee.
5.2. Each member of the Committee shall be promptly
furnished a copy of all nominations referred to the
Committee.
5.3. Nominees who are invited to appear before the
Committee shall be heard in public session, except as
provided in Rule 2.1.
5.4. No confirmation hearing shall be held sooner than
seven days after receipt of the background and financial
disclosure statement unless the time limit is waived by a
majority vote of the Committee.
5.5 The Committee vote on the confirmation shall not be
sooner than 48 hours after the Committee has received
transcripts of the confirmation hearing unless the time limit
is waived by unanimous consent of the Committee.
5.6 No nomination shall be reported to the Senate unless
the nominee has filed a background and financial disclosure
statement with the committee.
Rule 6. Investigations
No investigation shall be initiated by the Committee unless
at least five members of the Committee have specifically
requested the Chairman or the Vice Chairman to authorize such
an investigation. Authorized investigations may be conducted
by members of the Committee and/or designated Committee staff
members.
Rule 7. Subpoenas
Subpoenas authorized by the Committee for the attendance of
witnesses or the production of memoranda, documents, records
or any other material may be issued by the Chairman, the Vice
Chairman, or any member of the Committee designated by the
Chairman, and may be served by any person designated by the
Chairman. Vice Chairman or member issuing the subpoenas. Each
subpoena shall have attached thereto a copy of S. Res. 400,
94th Congress, 2d Session and a copy of these rules.
Rule 8. Procedures Related to the Taking of Testimony
8.1 Notice.--Witnesses required to appear before the
Committee shall be given reasonable notice and all witnesses
shall be furnished a copy of these Rules.
8.2 Oath of Affirmation.--Testimony of witnesses shall be
given under oath or affirmation which may be administered by
any member of the Committee.
8.3 Interrogation.--Committee interrogation shall be
conducted by members of the Committee and such Committee
staff as are authorized by the Chairman, Vice Chairman, or
the presiding member.
8.4 Counsel for the Witness.--(a) Any witness may be
accompanied by counsel. A witness who is unable to obtain
counsel may inform the Committee of such fact. If the witness
informs the Committee of this fact at least 24 hours prior to
his or her appearance before the Committee, the Committee
shall then endeavor to obtain voluntary counsel for the
witness. Failure to obtain such counsel will not excuse the
witness from appearing and testifying.
(b) Counsel shall conduct themselves in an ethical and
professional manner. Failure to do so small, upon a finding
to that effect by a majority of the members present, subject
such counsel to disciplinary action which may include
warning, censure, removal, or a recommendation of contempt
proceedings.
(c) There shall be no direct or cross-examination by
counsel. However, counsel may submit in writing any question
he wishes propounded to his client or to any other witness
and may, at the conclusion of his client's testimony, suggest
the presentation of other evidence or the calling of other
witnesses. The Committee may use such questions and
dispose of such suggestions as it deems appropriate.
8.5 Statements by Witnesses.--A witness may make a
statement, which shall be brief and relevant, at the
beginning and conclusion of his or her testimony. Such
statements shall not exceed a reasonable period of time as
determined by the Chairman, or other presiding members. Any
witness desiring to make a prepared or written statement for
the record of the proceedings shall file a copy with the
Clerk of the Committee, and insofar as practicable and
consistent with the notice given, shall do so at least 72
hours in advance of his or her appearance before the
Committee.
8.6 Objections and Rulings.--Any objection raised by a
witness or counsel shall be ruled upon the Chairman or other
presiding member, and such ruling shall be the ruling of the
Committee unless a majority of the Committee present
overrules the ruling of the chair.
8.7 Inspection and Correction.--All witnesses testifying
before the Committee shall be given a reasonable opportunity
to inspect, in the office of the Committee, the transcript of
their testimony to determine
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whether such testimony was correctly transcribed. The witness
may be accompanied by counsel. Any corrections the witness
desires to make in the transcript shall be submitted in
writing to the Committee within five days from the date when
the transcript was made available to the witness. Corrections
shall be limited to grammar and minor editing, and may not be
made to change the substance of the testimony. Any questions
arising with respect to such corrections shall be decided by
the Chairman. Upon request, those parts of testimony given by
a witness in executive session which are subsequently quoted
or made part of a public record shall be made available to
that witness at his or her expense.
8.8 Requests to Testify.--The Committee will consider
requests to testify on any matter or measure pending before
the Committee. A person who believes that testimony or other
evidence present at a public hearing, or any comment made by
a Committee member or a member of the Committee staff may
tend to affect adversely his or her reputation, may request
to appear personally before the Committee to testify on his
or her own behalf, or may file a sworn statement of acts
relevant to the testimony, evidence, or comment, or may
submit to the Chairman proposed questions in writing for the
cross-examination of other witnesses. The Committee shall
take such action as it deems appropriate.
8.9 Contempt Procedures.--No recommendation that a person
be cited for contempt of Congress shall be forwarded to the
Senate unless and until the Committee has, upon notice to all
its members, met and considered the alleged contempt,
afforded the person an opportunity to state in writing or in
person why he or she should not be held in contempt, and
agreed by majority vote of the Committee, to forward such
recommendation to the Senate.
8.10 Release of Name of Witness.--Unless authorized by the
Chairman, the name of any witness scheduled to be heard by
the Committee shall not be released prior to, or after, his
or her appearance before the Committee.
Rule 9. Procedures for Handling Classified or Sensitive Material
9.1. Committee staff offices shall operate under strict
precautions. At least one security guard shall be on duty at
all times by the entrance to control entry. Before entering
the office all persons shall identify themselves.
9.2. Sensitive or classified documents and material shall
be segregated in a secure storage area. They may be examined
only at secure reading facilities. Copying, duplicating, or
removal from the Committee offices of such documents and
other materials is prohibited except as is necessary for use
in, or preparation for, interviews or Committee meetings,
including the taking of testimony, and in conformity with
Section 10.3 hereof. All documents or materials removed from
the Committee offices for such authorized purposes must be
returned to the Committee's secure storage area for overnight
storage.
9.3. Each member of the Committee shall at all times have
access to all papers and other material received from any
source. The Staff Director shall be responsible for the
maintenance, under appropriate security procedures, of a
registry which will number and identify all classified papers
and other classified materials in the possession of the
Committee, and such registry shall be available to any member
of the Committee.
9.4. Whenever the Select Committee on Intelligence makes
classified material available to any other Committee of the
Senate or to any member of the Senate not a member of the
Committee, such material shall be accompanied by a verbal or
written notice to the recipients advising of their
responsibility to protect such material pursuant to section 8
of S. Res. 400 of the 94th Congress. The Clerk of the
Committee shall ensure that such notice is provided and shall
maintain a written record identifying the particular
information transmitted and the Committee or members of the
Senate receiving such information.
9.5 Access to classified information supplied to the
Committee shall be limited to those Committee staff members
with appropriate security clearance and a need-to-know, as
determined by the Committee, and, under the Committee's
direction, the Staff Director and minority Staff Director.
9.6. No member of the Committee or of the Committee staff
shall disclose, in whole or in part or by way of summary, to
any person not a member of the Committee or the Committee
staff for any purpose or in connection with any proceeding,
judicial or otherwise, any testimony given before the
committee in executive session including the name of any
witness who appeared or was called to appear before the
Committee in executive session, or the contents of any papers
or materials or other information received by the Committee
except as authorized herein, or otherwise as authorized by
the Committee in accordance with section 8 of S. Res. 400 of
the 94th Congress and the provisions of these rules, or in
the event of the termination of the Committee, in such a
manner as may be determined by the Senate. For purposes of
this paragraph, members and staff of the Committee may
disclose classified information in the possession of the
Committee only to persons with appropriate security
clearances who have a need to know such information for an
official governmental purpose related to the work of the
Committee. Information discussed in executive sessions of
the Committee and information contained in papers and
materials which are not classified but which are
controlled by the committee may be disclosed only to
persons outside the Committee who have a need to know such
information for an official governmental purpose related
to the work of the Committee and only if such disclosure
has been authorized by the Chairman and Vice Chairman of
the Committee, or by the Staff Director and Minority Staff
Director, acting on their behalf. Failure to abide by this
provision shall constitute grounds for referral to the
Select Committee on Ethics pursuant to Section 8 of S.
Res. 400.
9.7 Before the Committee makes any decision regarding the
disposition of any testimony, papers, or other materials
presented to it, the Committee members shall have a
reasonable opportunity to examine all pertinent testimony,
papers, and other materials that have been obtained by the
members of the Committee or the Committee staff.
9.8 Attendance of persons outside the Committee at closed
meetings of the Committee shall be kept at a minimum and
shall be limited to persons with appropriate security
clearance and a need-to-know the information under
consideration for the execution of their official duties.
Notes taken at such meetings by any person in attendance
shall be returned to the secure storage area in the
Committee's offices at the conclusion of such meetings, and
may be made available to the department, agency, office,
committee or entity concerned only in accordance with the
security procedures of the Committee.
Rule 10. Staff
10.1 For purposes of these rules, Committee staff includes
employees of the Committee, consultants to the Committee, or
any other person engaged by contract or otherwise to perform
services for or at the request of the Committee. To the
maximum extent practicable, the Committee shall rely on its
full-time employees to perform all staff functions. No
individual may be retained as staff of the Committee or to
perform services for the Committee unless that individual
holds appropriate security clearances.
10.2 The appointment of Committee staff shall be confirmed
by a majority vote of the Committee. After confirmation, the
Chairman shall certify Committee staff appointments to the
Financial Clerk of the Senate in writing. No Committee staff
shall be given access to any classified information or
regular access to the Committee offices, until such Committee
staff has received an appropriate security clearance as
described in Section 6 of Senate Resolution 400 of the 94th
Congress.
10.3 The Committee staff works for the Committee as a
whole, under the supervision of the Chairman and Vice
Chairman of the Committee. The duties of the Committee staff
shall be performed, and Committee staff personnel affairs and
day-to-day operations, including security and control of
classified documents and material, and shall be administered
under the direct supervision and control of the Staff
Director. The Minority Staff Director and the Minority
Counsel shall be kept fully informed regarding all matters
and shall have access to all material in the files of the
Committees.
10.4. The Committee staff shall assist the minority as
fully as the majority in the expression of minority views,
including assistance in the preparation and filing of
additional, separate and minority in the expression of
minority views, to the end that all points of view may be
fully considered by the Committee and the Senate.
10.5. The members of 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 for any purpose or in connection with any
proceeding, judicial or otherwise, either during their tenure
as a member of the Committee staff at any time thereafter
except as directed by the Committee in accordance with
Section 8 of S. Res. 400 of the 94th Congress and the
provisions of these rules, or in the event of the termination
of the Committee, in such a manner as may be determined by
the Senate.
10.6. No member of the Committee staff shall be employed by
the Committee unless and until a member of the Committee
staff agrees in writing, as a condition of employment to
abide by the conditions of the nondisclosure agreement
promulgated by the Senate Select Committee on Intelligence,
pursuant to Section 6 of S. Res. 400 of the 94th Congress, 2d
Session, and to abide by the Committee's code of conduct.
10.7. No member of the Committee staff shall be employed by
the Committee unless and until such a member of the Committee
staff agrees in writing, as a condition of employment, to
notify the Committee or in the event of the Committee's
termination the Senate of any request for his or her
testimony, either during his tenure as a member of the
Committee staff or at any time thereafter with respect to
information which came into his or her possession by virtue
of his or her position as a member of the Committee staff.
Such information shall not be disclosed in response to such
requests except as directed by the Committee in accordance
with Section 8 of S. Res. 400 of the 94th Congress and the
provisions of these rules, or in the event of the termination
of the Committee, in such manner as may be determined by the
Senate.
10.8. The Committee shall immediately consider action to be
taken in the case of
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any member of the Committee staff who fails to conform to any
of these Rules. Such disciplinary action may include, but
shall not be limited to, immediate dismissal from the
Committee staff.
10.9. Within the Committee staff shall be an element with
the capability to perform audits of programs and activities
undertaken by departments and agencies with intelligence
functions. Such element shall be comprised of persons
qualified by training and/or experience to carry out such
functions in accordance with accepted auditing standards.
10.10. The workplace of the Committee shall be free from
illegal use, possession, sale or distribution of controlled
substances by its employees. Any violation of such policy by
any member of the Committee staff shall be grounds for
termination of employment. Further, any illegal use of
controlled substances by a member of the Committee staff,
within the workplace or otherwise, shall result in
reconsideration of the security clearance of any such
staff member and may constitute grounds for termination of
employment with the Committee.
10.11. In accordance with title II of the Civil Rights Act
of 1991 (P.L. 102-166), all personnel actions affecting the
staff of the Committee shall be made free from any
discrimination based on race, color, religion, sex, national
origin, age, handicap or disability.
Rule 11. Preparation for Committee Meetings
11.1. Under direction of the Chairman and the Vice
Chairman, designated Committee staff members shall brief
members of the Committee at a time sufficiently prior to any
Committee meeting to assist the Committee members in
preparation for such meeting and to determine any matter
which the Committee member might wish considered during the
meeting. Such briefing shall, at the request of a member,
include a list of all pertinent papers and other materials
that have been obtained by the Committee that bear on matters
to be considered at the meeting.
11.2. The Staff Director shall recommend to the Chairman
and the Vice Chairman the testimony, papers, and other
materials to be presented to the Committee at any meeting.
The determination whether such testimony, papers, and other
materials shall be presented in open or executive session
shall be made pursuant to the Rules of the Senate and Rules
of the Committee.
11.3. The Staff Director shall ensure that covert action
programs of the U.S. Government receive appropriate
consideration by the Committee no less frequently than once a
quarter.
Rule 12. Legislative Calendar
12.1. The Clerk of the Committee shall maintain a printed
calendar for the information of each Committee member showing
the measures introduced and referred to the Committee and the
status of such measures; nominations referred to the
Committee and their status; and such other matters as the
Committee determines shall be included. The Calendar shall be
revised from time to time to show pertinent changes. A copy
of each such revision shall be furnished to each member of
the Committee.
12.2. Unless otherwise ordered, measures referred to the
Committee shall be referred by the Clerk of the Committee to
the appropriate department or agency of the Government for
reports thereon.
Rule 13. Committee Travel
13.1. No member of the Committee or Committee Staff shall
travel abroad on Committee business unless specifically
authorized by the Chairman and Vice Chairman. Requests for
authorization of such travel shall state the purpose and
extent of the trip. A full report shall be filed with the
Committee when travel is completed.
13.2. When the Chairman and the Vice Chairman approve the
foreign travel of a member of the committee staff not
accompanying a member of the Committee, all members of the
Committee are to be advised, prior to the commencement of
such travel, of its extent, nature and purpose. The report
referred to in Rule 13.1 shall be furnished to all members of
the Committee and shall not be otherwise disseminated without
the express authorization of the Committee pursuant to the
Rules of the Committee.
13.3. No member of the Committee staff shall travel within
this country on Committee business unless specifically
authorized by the Staff Director as directed by the
Committee.
Rule 14. Changes in Rules
These Rules may be modified, amended, or repealed by the
Committee, provided that a notice in writing of the proposed
change has been given to each member at least 48 hours prior
to the meeting at which action thereon is to be taken.
____
Appendix A.--94th Congress, 2d Session
S. Res. 400
[Report No. 94-675]
[Report No. 94-770]
in the senate of the united states
March 1, 1976
Mr. Mansfield (for Mr. Ribicoff) (for himself, Mr. Church,
Mr. Percy, Mr. Baker, Mr. Brock, Mr. Chiles, Mr. Glenn, Mr.
Huddleston, Mr. Jackson, Mr. Javits, Mr. Mathias, Mr.
Metcalf, Mr. Mondale, Mr. Morgan, Mr. Muskie, Mr. Nunn, Mr.
Roth, Mr. Schweiker, and Mr. Weicker) submitted the following
resolution; which was referred to the Committee on Government
Operations.
May 19, 1976
Considered, amended, and agreed to resolution to establish a Standing
Committee of the Senate on Intelligence, and for other purposes
Resolved, That it is the purpose of this resolution to
establish a new select committee of the Senate, to be known
as the Select Committee on Intelligence, to oversee and make
continuing studies of the intelligence activities and
programs of the United States Government, and to submit to
the Senate appropriate proposals for legislation and report
to the Senate concerning such intelligence activities and
programs. In carrying out this purpose, the Select Committee
on Intelligence shall make every effort to assure that the
appropriate departments and agencies of the United States
provide informed and timely intelligence necessary for the
executive and legislative branches to make sound decisions
affecting the security and vital interests of the Nation. It
is further the purpose of this resolution to provide vigilant
legislative oversight over the intelligence activities of the
United States to assure that such activities are in
conformity with the Constitution and laws of the United
States.
Sec. 2. (a)(1) There is hereby established a select
committee to be known as the Select Committee on Intelligence
(hereinafter in this resolution referred to as the "select
committee"). The select committee shall be composed of
fifteen members appointed as follows:
(A) two members from the Committee on Appropriations;
(B) two members from the Committee on Armed Services;
(C) two members from the Committee on Foreign Relations;
(D) two members from the Committee on the Judiciary; and
(E) seven members to be appointed from the Senate at large.
(2) Members appointed from each committee named in clauses
(A) through (D) of paragraph (1) shall be evenly divided
between the two major political parties and shall be
appointed by the President pro tempore of the Senate upon the
recommendations of the majority and minority leaders of the
Senate. Four of the members appointed under clause (E) of
paragraph (1) shall be appointed by the President pro tempore
of the Senate upon the recommendation of the majority leader
of the Senate and three shall be appointed by the President
pro tempore of the Senate upon the recommendation of the
minority leader of the Senate.
(3) The majority leader of the Senate and the minority
leader of the Senate shall be ex officio members of the
select committee but shall have no vote in the committee and
shall not be counted for purposes of determining a quorum.
(b) No Senator may serve on the select committee for more
than eight years of continuous service, exclusive of service
by any Senator on such committee during the Ninety-fourth
Congress. To the greatest extent practicable, one-third of
the Members of the Senate appointed to the select committee
at the beginning of the Ninety-seventh Congress and each
Congress thereafter shall be Members of the Senate who did
not serve on such committee during the preceding Congress.
(c) At the beginning of each Congress, the Members of the
Senate who are members of the majority party of the Senate
shall elect a chairman for the select committee, and the
Members of the Senate who are from the minority party of the
Senate shall elect a vice chairman for such committee. The
vice chairman shall act in the place and stead of the
chairman in the absence of the chairman. Neither the chairman
nor the vice chairman of the select committee shall at the
same time serve as chairman or ranking minority member of any
other committee referred to in paragraph 4(e)(1) of rule XXV
of the Standing Rules of the Senate.
Sec. 3. (a) There shall be referred to the select committee
all proposed legislation, messages, petitions, memorials, and
other matters relating to the following:
(1) The Central Intelligence Agency and the Director of
Central Intelligence.
(2) Intelligence activities of all other departments and
agencies of the Government, including, but not limited to,
the intelligence activities of the Defense Intelligence
Agency, the National Security Agency, and other agencies of
the Department of State; the Department of Justice; and the
Department of the Treasury.
(3) The organization or reorganization of any department or
agency of the Government to the extent that the organization
or reorganization relates to a function or activity involving
intelligence activities.
(4) Authorizations for appropriations, both direct and
indirect, for the following:
(A) The Central Intelligence Agency and Director of Central
Intelligence
(B) The Defense Intelligence Agency.
(C) The National Security Agency.
(D) The intelligence activities of other agencies and
subdivisions of the Department of Defense.
(E) The intelligence activities of the Department of State.
(F) The intelligence activities of the Federal Bureau of
Investigation, including all activities of the Intelligence
Division.
(G) Any department, agency, or subdivision which is the
successor to any agency named in clause (A), (B), or (C); and
the activities of any department, agency, or subdivision
named in clause (D), (E), or (F) to
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the extent that the activities of such successor department,
agency, or subdivision are activities described in clause
(D), (E), or (F).
(b) Any proposed legislation reported by the select
committee, except any legislation involving matters specified
in clause (1) or (4)(A) of subsection (a), containing any
matter otherwise within the jurisdiction of any standing
committee shall, at the request of the chairman of such
standing committee, be referred to such standing committee
for its consideration of such matter and be reported to the
Senate by such standing committee within thirty days after
the day on which such proposed legislation is referred, to
such standing committee; and any proposed legislation
reported by any committee, other than the select committee,
which contains any matter within the jurisdiction of the
select committee shall, at the request of the chairman of the
select committee, be referred to the select committee for its
consideration of such matter and be reported to the Senate by
the select committee within thirty days after the day on
which such proposed legislation is referred to such
committee. In any case in which a committee fails to report
any proposed legislation referred to it within the time limit
prescribed herein, such committee shall be automatically
discharged from further consideration of such proposed
legislation on the thirtieth day following the day on which
such proposed legislation is referred to such committee
unless the Senate provides otherwise. In computing any
thirty-day period under this paragraph there shall be
excluded from such computation any days on which the Senate
is not in session.
(c) Nothing in this resolution shall be construed as
prohibiting or otherwise restricting the authority of any
other committee to study and review any intelligence activity
to the extent that such activity directly affects a matter
otherwise within the jurisdiction of such committee.
(d) Nothing in this resolution shall be construed as
amending, limiting, or otherwise changing the authority of
any standing committee of the Senate to obtain full and
prompt access to the product of the intelligence activities
of any department or agency of the Government relevant to a
matter otherwise within the jurisdiction of such committee.
Sec. 4. (a) The select committee, for the purposes of
accountability to the Senate, shall make regular and periodic
reports to the Senate on the nature and extent of the
intelligence activities of the various departments and
agencies of the United States. Such committee shall promptly
call to the attention of the Senate or to any other
appropriate committee or committees of the Senate any matters
requiring the attention of the Senate or such other committee
or committees. In making such report, the select committee
shall proceed in a manner consistent with section 8(c)(2) to
protect national security.
(b) The select committee shall obtain an annual report from
the Director of the Central Intelligence Agency, the
Secretary of Defense, the Secretary of State, and the
Director of the Federal Bureau of Investigation. Such reports
shall review the intelligence activities of the agency or
department concerned and the intelligence activities of
foreign countries directed at the United States or its
interest. An unclassified version of each report may be made
available to the public at the discretion of the selection
committee. Nothing herein shall be construed as requiring the
public disclosure in such reports of the names of individuals
engaged in intelligence activities for the United States or
the divulging of intelligence methods employed or the sources
of information on which such reports are based or the amount
of funds authorized to be appropriated for intelligence
activities.
(c) On or before March 15 of each year, the select
committee shall submit to the Committee on the Budget of the
Senate the views and estimates described in section 301(c) of
the Congressional Budget Act of 1974 regarding matters within
the jurisdiction of the select committee.
Sec. 5. (a) For the purpose of this resolution, the select
committee is authorized in its discretion (1) to make
investigations into any matter within its jurisdiction, (2)
to make expenditures from the contingent fund of the Senate,
(3) to employ personnel, (4) to hold hearings, (5) to sit and
act at any time or place during the sessions, recesses, and
adjourned periods of the Senate, (6) to require, by subpoena
or otherwise, the attendance of witnesses and the production
of correspondence, books, papers, and documents, (7) to take
depositions and other testimony, (8) to procure the service
of individual consultants or organizations thereof, in
accordance with the provisions of section 202(i) of the
Legislative Reorganization Act of 1946, and (9) with the
prior consent of the government department or agency
concerned and the Committee on Rules and Administration, to
use on a reimbursable basis the services of personnel of any
such department or agency.
(b) The chairman of the select committee or any member
thereof may administer oaths to witnesses.
(c) Subpoenas authorized by the select committee may be
issued over the signature of the chairman, the vice chairman
or any member of the select committee designated by the
chairman, and may be served by any person designated by the
chairman or any member signing the subpoenas.
Sec. 6. No employee of the select committee or any person
engaged by contract or otherwise to perform services for or
at the request of such committee shall be given access to any
classified information by such committee unless such employee
or person has (1) agreed in writing and under oath to be
bound by the rules of the Senate (including the jurisdiction
of the Select Committee on Standards and Conduct and of such
committee as to the security of such information during and
after the period of his employment or contractual agreement
with such committee; and (2) received an appropriate security
clearance as determined by such committee in consultation
with the Director of Central Intelligence. The type of
security clearance to be required in the case of any such
employee or person shall, within the determination of such
committee in consultation with the Director of Central
Intelligence, by commensurate with the sensitivity of the
classified information to which such employee or person will
be given access by such committee.
Sec. 7. The select committee shall formulate and carry out
such rules and procedures as it deems necessary to prevent
the disclosure, without the consent of the person or persons
concerned, of information in the possession of such committee
which unduly infringes upon the privacy or which violates the
constitutional rights of such person or persons. Nothing
herein shall be construed to prevent such committee from
publicly disclosing any such information in any case in
which such committee determines the national interest in
the disclosure of such information clearly outweighs any
infringement on the privacy of any person or persons.
Sec. 8. (a) The select committee may, subject to the
provisions of this section, disclose publicly any information
in the possession of such committee after a determination by
such committee that the public interest would be served by
such disclosure. Whenever committee action is required to
disclose any information under this section, the committee
shall meet to vote on the matter within five days after any
member of the committee requests such a vote. No member of
the select committee shall disclose any information, the
disclosure of which requires a committee vote, prior to a
vote by the committee on the question of the disclosure of
such information or after such vote except in accordance with
this section.
(b)(1) In any case in which the select committee votes to
disclose publicly any information which has been classified
under established security procedures, which has been
submitted to it by the executive branch, and which the
executive branch requests be kept secret, such committee
shall notify the President of such vote.
(2) The select committee may disclose publicly such
information after the expiration of a five-day period
following the day on which notice of such vote is transmitted
to the President, unless, prior to the expiration of such
five-day period, the President, personally in writing,
notifies the committee that he objects to the disclosure of
such information, provides his reasons therefor, and
certifies that the threat to national interest of the United
States posed by such disclosure is of such gravity that it
outweighs any public interest in the disclosure.
(3) If the President, personally in writing, notifies the
select committee of his objections to the disclosure of such
information as provided in paragraph (2), such committee may,
by majority vote, refer the question of the disclosure of
such information to the Senate for consideration. The
committee shall not publicly disclose such information
without leave of the Senate.
(4) Whenever the select committee votes to refer the
question of disclosure of any information to the Senate under
paragraph (3), the chairman shall not later than the first
day on which the Senate is in session following the day on
which the vote occurs, report the matter to the Senate for
its consideration.
(5) One hour after the Senate convenes on the fourth day on
which the Senate is in session following the day on which any
such matter is reported to the Senate, or at such earlier
time as the majority leader and the minority leader of the
Senate jointly agree upon in accordance with paragraph 5 of
rule XVII of the Standing Rules of the Senate, the Senate
shall go into closed session and the matter shall be the
pending business. In considering the matter in closed session
the Senate may--
(A) approve the public disclosure of all or any portion of
the information in question, in which case the committee
shall not publicly disclose the information ordered to be
disclosed.
(B) disapprove the public disclosure of all or any portion
of the information in question, in which case the committee
shall not public disclose the information ordered not to be
disclosed, or
(C) refer all or any portion of the matter back to the
committee, in which case the committee shall make the final
determination with respect to the public disclosure of the
information in question.
Upon conclusion of the information of such matter in closed
session, which may not extend beyond the close of the ninth
day on which the Senate is in session following the day on
which such matter was reported to the Senate, or the close of
the fifth day following the day agreed upon jointly by the
majority and minority leaders in accordance with paragraph 5
of rule XVII of the Standing Rules of the Senate (whichever
the case
[[Page S2693]]
may be), the Senate shall immediately vote on the disposition
of such matter in open session, without debate, and without
divulging the information with respect to which the vote is
being taken. The Senate shall vote to dispose of such matter
by one or more of the means specified in clauses (A), (B),
and (C) of the second sentence of this paragraph. Any vote of
the Senate to disclose any information pursuant to this
paragraph shall be subject to the right of a Member of the
Senate to move for reconsideration of the vote within the
time and pursuant to the procedures specified in rule XIII of
the Standing Rules of the Senate, and the disclosure of such
information shall be made consistent with that right.
(c)(1) No information in the possession of the select
committee relating the lawful intelligence activities of any
department or agency of the United States which has been
classified under established security procedures and which
the select committee, pursuant to subsection (a) or (b) of
this section, has determined should not be disclosed shall be
made available to any person by a Member, officer, or
employee of the Senate except in a closed session of the
Senate or as provided in paragraph (2).
(2) The select committee may, under such regulations as the
committee shall prescribe to protect the confidentiality of
such information, make any information described in paragraph
(1) available to any other committee or any other Member of
the Senate. Whenever the select committee makes such
information available, the committee shall keep a written
record showing, in the case of any particular information,
which the committee or which Members of the Senate received
such information under this subsection, shall disclose such
information except in a closed session of the Senate.
(d) It shall be the duty of the Select Committee on
Standards and Conduct \1\ to investigate any unauthorized
disclosure of intelligence information by a Member, officer
or employee of the Senate in violation of subsection (c) and
to report to the Senate concerning any allegation which it
finds to be substantiated.
(e) Upon the request of any person who is subject to any
such investigation, the Select Committee on Standards and
Conduct \1\ shall release to such individual at the
conclusion of its investigation a summary of its
investigation together with its findings. If, at the
conclusion of its investigation, the Select Committee on
Standards and Conduct \1\ determines that there has been a
significant breach of confidentiality or unauthorized
disclosure by a Member, officer, or employee of the Senate,
it shall report its findings to the Senate and recommend
appropriate action such as censure, removal from committee
membership, or expulsion from the Senate, in the case of a
Member, or removal from office-or employment or punishment
for contempt, in the case of an officer or employee.
Sec. 9. The select committee is authorized to permit any
personal representative of the President, designated by the
President to serve as a liaison to such committee, to attend
any closed meeting of such committee.
Sec. 10. Upon expiration of the Select Committee on
Governmental Operations With Respect to Intelligence
Activities, established by Senate Resolution 21, Ninety-
fourth Congress, all records, files, documents, and other
materials in the possession, custody, or control of such
committee, under appropriate conditions established by it,
shall be transferred to the select committee.
Sec. 11. (a) It is the sense of the Senate that the head of
each department and agency of the United States should keep
the select committee fully and currently informed with
respect to intelligence activities, including any significant
anticipated activities, which are the responsibility of or
engaged in by such department or agency: Provided, That this
does not constitute a condition precedent to the
implementation of any such anticipated intelligence activity.
(b) It is the sense of the Senate that the head of any
department or agency of the United States involved in any
intelligence activities should furnish any information or
document in the possession, custody, or control of the
department or agency, or person paid by such department or
agency, whenever requested by the select committee with
respect to any matter within such committee with respect to
any matter within such committee's jurisdiction.
(c) It is the sense of the Senate that each department and
agency of the United States should report immediately upon
discovery to the select committee any and all intelligence
activities which constitute violations of the constitutional
rights of any person, violations of law, or violations of
Executive orders, presidential directives or departmental or
agency rules or regulations; each department and agency
should further report to such committee what actions have
been taken or are expected to be taken by the departments or
agencies with respect to such violations.
Sec. 12. Subject to the Standing rules of the Senate, no
funds shall be appropriated for any fiscal year beginning
after September 30, 1976, with the exception of a continuing
bill or resolution, or amendment thereto, or conference
report thereon, to, or for use of, any department or agency
of the United States to carry out any of the following
activities, unless such funds shall have been previously
authorized by a bill or joint resolution passed by the Senate
during the same or preceding fiscal year to carry out such
activity for such fiscal year:
(1) The activities of the Central Intelligence Agency and
the Director of Central Intelligence.
(2) The activities of the Defense Intelligence Agency.
(3) The activities of the National Security Agency.
(4) The intelligence activities of other agencies and
subdivisions of the Department of Defense.
(5) The intelligence activities of the Department of State.
(6) The intelligence activities activities of the Federal
Bureau of Investigation, including all activities of the
Intelligence Division.
Sec. 13. (a) The select committee shall make a study with
respect to the following matters, taking into consideration
with respect to each such matter, all relevant aspects of the
effectiveness of planning, gathering, use, security, and
dissemination of intelligence:
(1) the quality of the analytical capabilities of the
United States foreign intelligence agencies and means for
integrating more closely analytical intelligence and policy
formulation;
(2) the extent and nature of the authority of the
departments and agencies of the executive branch to engage in
intelligence activities and the desirability of developing
charters for each intelligence agency or department;
(3) the organization of intelligence activities in the
executive branch to maximize the effectiveness of the
conduct, oversight, and accountability of intelligence
activities; to reduce duplication or overlap; and to improve
the morale of the personnel of the foreign intelligence
agencies;
(4) the conduct of covert and clandestine activities and
the procedures by which Congress is informed of such
activities;
(5) the desirability of changing any law, Senate rule or
procedure, or any Executive order, rule, or regulation to
improve the protection of intelligence secrets and provide
for disclosure of information for which there is no
compelling reason for secrecy;
(6) the desirability of establishing a standing committee
of the Senate on intelligence activities;
(7) the desirability of establishing a joint committee of
the Senate and the House of Representatives on intelligence
activities in lieu of having separate committees in each
House of Congress, or of establishing procedures under which
separate committees on intelligence activities of the two
Houses of Congress would receive joint briefings from the
intelligence agencies and coordinate their policies with
respect to the safeguarding of sensitive intelligence
information;
(8) the authorization of funds for the intelligence
activities of the Government and whether disclosure of any of
the amounts of such funds is in the public interest; and
(9) the development of a uniform set of definitions for
terms to be used in policies or guidelines which may be
adopted by the executive or legislative branches to govern,
clarify, and strengthen the operation of intelligence
activities.
(b) The select committee may, in its discretion, omit from
the special study required by this section any matter it
determines has been adequately studied by the Select
Committee To Study Governmental Operations With Respect to
Intelligence Activities, established by Senate Resolution 21,
Ninety-fourth Congress.
(c) The select committee shall report the results of the
study provided for by this section to the Senate, together
with any recommendations for legislative or other actions it
deems appropriate, no later than July 1, 1977, and from time
to time thereafter as it deems appropriate.
Sec. 14. (a) As used in this resolution, the term
"intelligence activities" includes (1) the collection,
analysis, production, dissemination, or use of information
which relates to any foreign country, or any government,
political group, party, military force, movement, or other
association in such foreign country, and which relates to the
defense, foreign policy, national security, or related
policies of the United States, and other activity which is in
support of such activities; (2) activities taken to counter
similar activities directed against the United States; (3)
covert or clandestine activities affecting the relations of
the United States with any foreign government, political
group, party, military force, movement or other association;
(4) the collection, analysis, production, dissemination, or
use of information about activities of persons within the
United States, its territories and possessions, or nationals
of the United States abroad whose political and related
activities pose, or may be considered by any department,
agency, bureau, office, division, instrumentality, or
employee of the United States to pose, a threat to the
internal security of the United States, and covert or
clandestine activities directed against such persons. Such
term does not include tactical foreign military intelligence
serving no national policy-making function.
(b) As used in this resolution, the term "department or
agency" includes any organization, committee, council,
establishment, or office within the Federal Government.
(c) For purposes of this resolution, reference to any
department, agency, bureau, or subdivision shall include a
reference to any successor department, agency, bureau, or
subdivision to the extent that such successor engages in
intelligence activities now
[[Page S2694]]
conducted by the department, agency, bureau, or subdivision
referred to in this resolution.
Sec. 15. (This section authorized funds for the select
committee for the period May 19, 1976, through Feb. 28,
1977.)
Sec. 16. Nothing in this resolution shall be construed as
constituting acquiescence by the Senate in any practice, or
in the conduct of any activity, not otherwise authorized by
law.
____
Appendix B.--94th Congress, 1st Session
S. Res. 9
in the senate of the united states
January 15, 1975
Mr. Chiles (for himself, Mr. Roth, Mr. Biden, Mr. Brock,
Mr. Church, Mr. Clark, Mr. Cranston, Mr. Hatfield, Mr.
Hathaway, Mr. Humphrey, Mr. Javits, Mr. Johnston, Mr.
McGovern, Mr. Metcalf, Mr. Mondale, Mr. Muskie, Mr. Packwood,
Mr. Percy, Mr. Proxmire, Mr. Stafford, Mr. Stevenson, Mr.
Taft, Mr. Weicker, Mr. Bumpers, Mr. Stone, Mr. Culver, Mr.
Ford, Mr. Hart of Colorado, Mr. Laxalt, Mr. Nelson, and Mr.
Haskell) introduced the following resolution; which was read
twice and referred to the Committee on Rules and
Administration.
Resolution amending the rules of the Senate relating to open committee
meetings
Resolved, That paragraph 7(b) of rule XXV of the Standing
Rules of the Senate is amended to read as follows:
"(b) Each meeting of a standing, select, or special
committee of the Senate, or any subcommittee thereof,
including meetings to conduct hearings, shall be open to the
public, except that a portion or portions of any such
meetings may be closed to the public if the committee or
subcommittee, as the case may be, determines by record vote
of a majority of the members of the committee or subcommittee
present that the matters to be discussed or the testimony to
be taken at such portion or portions--
"(1) will disclose matters necessary to be kept secret in
the interests of national defense or the confidential conduct
of the foreign relations of the United States;
"(2) will relate solely to matters of committee staff
personnel or internal staff management or procedure;
"(3) will tend to charge an individual with crime or
misconduct, to disgrace or injure the professional standing
of an individual, or otherwise to expose an individual to
public contempt or obloquy, or will represent a clearly
unwarranted invasion of the privacy of an individual;
"(4) will disclose the identity of any informer or law
enforcement agent or will disclose any information relating
to the investigation or prosecution of a criminal offense
that is required to be kept secret in the interests of
effective law enforcement; or
"(5) will disclose information relating to the trade
secrets or financial or commercial information pertaining
specifically to a given person if--
"(A) an Act of Congress requires the information to be
kept confidential by Government officers and employees; or
"(B) the information has been obtained by the Government
on a confidential basis, other than through an application by
such person for a specific Government financial or other
benefit, and is required to be kept secret in order to
prevent undue injury to the competitive position of such
person
Whenever any hearing conducted by any such committee or
subcommittee is open to the public, that hearing may be
broadcast by radio or television, or both, under such rules
as the committee or subcommittee may adopt."
Sec. 2. Section 133A(b) of the Legislative Reorganization
Act of 1946, section 242(a) of the Legislative Reorganization
Act of 1970, and section 102(d) and (e) of the Congressional
Budget Act of 1974 are repealed.
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