[Congressional Record: February 17, 2011 (Senate)]
[Page S843-S849]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr17fe11-78]
COMMITTEE ON INTELLIGENCE RULES OF PROCEDURE
Mrs. FEINSTEIN. 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 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 OF THE SELECT COMMITTEE ON INTELLIGENCE
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 Tuesday 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 the
Chairman 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 who shall promptly notify each member 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 paragraph 5(b) of Rule XXVI of the
Standing Rules of the Senate.
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, or 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. Each
subcommittee created shall have a chairman and a vice
chairman who are selected by the Chairman and Vice Chairman,
respectively.
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
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 of
the 94th Congress, 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 or Affirmation.--At the direction of the Chairman
or Vice Chairman, 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 shall, 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 any question in writing
to the Committee and request the Committee to propound such
question to the counsel's client or to any other witness. The
counsel also may suggest the presentation of other evidence
or the calling of other witnesses. The Committee may use or
dispose of such questions or suggestions as it deems
appropriate.
8.5. Statements by Witnesses.--Witnesses may make brief and
relevant statements at
[[Page S844]]
the beginning and conclusion of their testimony. Such
statements shall not exceed a reasonable period of time as
determined by the Chairman, or other presiding members.
Any witness required or desiring to make a prepared or
written statement for the record of the proceedings shall
file a paper and electronic copy with the Clerk of the
Committee, and insofar as practicable and consistent with
the notice given, shall do so at least 48 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 by 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 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, the Committee may provide to a witness those
parts of testimony given by that witness in executive session
which are subsequently quoted or made part of a public
record, at the expense of the witness.
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 presented at a public hearing, or any comment made
by a Committee member or a member of the Committee staff, may
tend to affect adversely that person's reputation, may
request to appear personally before the Committee to testify
or may file a sworn statement of facts 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 or that a subpoena be
otherwise enforced shall be forwarded to the Senate unless
and until the Committee has, upon notice to all its members,
met and considered the recommendation, afforded the person an
opportunity to oppose such contempt or subpoena enforcement
proceeding either in writing or in person, 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,
appearing before the Committee. Upon authorization by the
Chairman to release the name of a witness under this
paragraph, the Vice Chairman shall be notified of such
authorization as soon as practicable thereafter. No name of
any witness shall be released if such release would disclose
classified information, unless authorized under Section 8 of
S. Res. 400 of the 94th Congress or Rule 9.7.
Rule 9. Procedures for Handling Classified or Committee Sensitive
Material
9.1. Committee staff offices shall operate under strict
precautions. At least one United States Capitol Police
Officer shall be on duty at all times at the entrance of the
Committee to control entry. Before entering the Committee
office space all persons shall identify themselves and
provide identification as requested.
9.2. Classified documents and material shall be stored in
authorized security containers located within the Committee's
Sensitive Compartmented Information Facility (SCIF). Copying,
duplicating, or removing from the Committee offices of such
documents and other materials is prohibited except as is
necessary for the conduct of Committee business, and in
conformity with Rule 10.3 hereof. All classified documents or
materials removed from the Committee offices for such
authorized purposes must be returned to the Committee's SCIF
for overnight storage.
9.3. ``Committee sensitive'' means information or material
that pertains to the confidential business or proceedings of
the Select Committee on Intelligence, within the meaning of
paragraph 5 of Rule XXIX of the Standing Rules of the Senate,
and is: (1) in the possession or under the control of the
Committee; (2) discussed or presented in an executive session
of the Committee; (3) the work product of a Committee member
or staff member; (4) properly identified or marked by a
Committee member or staff member who authored the document;
or (5) designated as such by the Chairman and Vice Chairman
(or by the Staff Director and Minority Staff Director acting
on their behalf). Committee sensitive documents and materials
that are classified shall be handled in the same manner as
classified documents and material in Rule 9.2. Unclassified
committee sensitive documents and materials shall be stored
in a manner to protect against unauthorized disclosure.
9.4. 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
document control and accountability 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.
9.5. 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 materials pursuant to section
8 of S. Res. 400 of the 94th Congress. The Security Director
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.
9.6. 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.
9.7. No member of the Committee or of the Committee staff
shall disclose, in whole or in part or by way of summary, the
contents of any classified or committee sensitive papers,
materials, briefings, testimony, or other information in the
possession of the Committee to any other person, except as
specified in this rule. Committee members and staff do not
need prior approval to disclose classified or committee
sensitive information to persons in the Executive branch, the
members and staff of the House Permanent Select Committee on
Intelligence, and the members and staff of the Senate,
provided that the following conditions are met: (1) for
classified information, the recipients of the information
must possess appropriate security clearances (or have access
to the information by virtue of their office); (2) for all
information, the recipients of the information must have a
need-to-know such information for an official governmental
purpose; and (3) for all information, the Committee members
and staff who provide the information must be engaged in the
routine performance of Committee legislative or oversight
duties. Otherwise, classified and committee sensitive
information may only be disclosed to persons outside the
Committee (to include any congressional committee, Member of
Congress, congressional staff, or specified non-governmental
persons who support intelligence activities) with the prior
approval of the Chairman and Vice Chairman of the Committee,
or the Staff Director and Minority Staff Director acting on
their behalf, consistent with the requirements that
classified information may only be disclosed to persons with
appropriate security clearances and a need-to-know such
information for an official governmental purpose. Public
disclosure of classified information in the possession of the
Committee may only be authorized in accordance with Section 8
of S. Res. 400 of the 94th Congress.
9.8. Failure to abide by Rule 9.7 shall constitute grounds
for referral to the Select Committee on Ethics pursuant to
Section 8 of S. Res. 400 of the 94th Congress. Prior to a
referral to the Select Committee on Ethics pursuant to
Section 8 of S. Res. 400, the Chairman and Vice Chairman
shall notify the Majority Leader and Minority Leader.
9.9. 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.
9.10. 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. The
Security Director of the Committee may require that 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 approved
by the Chairman and Vice Chairman, acting jointly, or, at the
initiative of both or either be confirmed by a majority vote
of the Committee. After approval or 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
[[Page S845]]
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 S. Res. 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, shall be administered
under the direct supervision and control of the Staff
Director. All Committee staff shall work exclusively on
intelligence oversight issues for the Committee. 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 Committee.
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 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 or 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. The Chairman may authorize the Staff Director and
the Staff Director's designee, and the Vice Chairman may
authorize the Minority Staff Director and the Minority Staff
Director's designee, to communicate with the media in a
manner that does not divulge classified or committee
sensitive information.
10.6. 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
abide by the conditions of the nondisclosure agreement
promulgated by the Select Committee on Intelligence, pursuant
to Section 6 of S. Res. 400 of the 94th Congress, and to
abide by the Committee's code of conduct.
10.7. As a precondition for employment on the Committee
staff, each member of the Committee staff must agree in
writing to notify the Committee of any request for testimony,
either during service as a member of the Committee staff or
at any time thereafter with respect to information obtained
by virtue of employment 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 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. The audit element shall conduct audits and
oversight projects that have been specifically authorized by
the Chairman and Vice Chairman of the Committee, acting
jointly through the Staff Director and Minority Staff
Director. Staff shall be assigned to such element jointly by
the Chairman and Vice Chairman, and staff with the principal
responsibility for the conduct of an audit shall be qualified
by training or experience 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. 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 and/or Minority 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. Measures referred to the Committee may be referred by
the Chairman and/or Vice Chairman 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. No member of the Committee staff shall travel within
this country on Committee business unless specifically
authorized by the Chairman and Vice Chairman.
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
S. Res. 400, 94th Cong., 2d Sess. (1976) \1\
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 not
to exceed 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) not to exceed 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. Of any members appointed under paragraph (1)(E), the
majority leader shall appoint the majority members and the
minority leader shall appoint the minority members, with the
majority having a one vote margin.
(3)(A) 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) The Chairman and Ranking Member of the Committee on
Armed Services (if not already a member of the select
Committee) 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) At the beginning of each Congress, the Majority Leader
of the Senate shall select a chairman of the select Committee
and the Minority Leader shall select a vice chairman for the
select 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
[[Page S846]]
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.
(c) The select Committee may be organized into
subcommittees. Each subcommittee shall have a chairman and a
vice chairman who are selected by the Chairman and Vice
Chairman of the select Committee, respectively.
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 Office of the Director of National Intelligence and
the Director of National Intelligence.
(2) The Central Intelligence Agency and the Director of the
Central Intelligence Agency.
(3) 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 Defense; the Department of State; the
Department of Justice; and the Department of the Treasury.
(4) 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.
(5) Authorizations for appropriations, both direct and
indirect, for the following:
(A) The Office of the Director of National Intelligence and
the Director of National Intelligence.
(B) The Central Intelligence Agency and the Director of the
Central Intelligence Agency.
(C) The Defense Intelligence Agency.
(D) The National Security Agency.
(E) The intelligence activities of other agencies and
subdivisions of the Department of Defense.
(F) The intelligence activities of the Department of State.
(G) The intelligence activities of the Federal Bureau of
Investigation.
(H) Any department, agency, or subdivision which is the
successor to any agency named in clause (A), (B), (C) or (D);
and the activities of any department, agency, or subdivision
which is the successor to any department, agency, bureau, or
subdivision named in clause (E), (F), or (G) to the extent
that the activities of such successor department, agency, or
subdivision are activities described in clause (E), (F), or
(G).
(b)(1) Any proposed legislation reported by the select
Committee except any legislation involving matters specified
in clause (1), (2), (5)(A), or (5)(B) 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 10
days after the day on which such proposed legislation, in its
entirety and including annexes, 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 10 days after the day on which
such proposed legislation, in its entirety and including
annexes, is referred to such committee.
(2) In any case in which a committee fails to report any
proposed legislation referred to it within the time limit
prescribed in this subsection, such Committee shall be
automatically discharged from further consideration of such
proposed legislation on the 10th day following the day on
which such proposed legislation is referred to such committee
unless the Senate provides otherwise, or the Majority Leader
or Minority Leader request, prior to that date, an additional
5 days on behalf of the Committee to which the proposed
legislation was sequentially referred. At the end of that
additional 5 day period, if the Committee fails to report the
proposed legislation within that 5 day period, the Committee
shall be automatically discharged from further consideration
of such proposed legislation unless the Senate provides
otherwise.
(3) In computing any 10 or 5 day period under this
subsection there shall be excluded from such computation any
days on which the Senate is not in session.
(4) The reporting and referral processes outlined in this
subsection shall be conducted in strict accordance with the
Standing Rules of the Senate. In accordance with such rules,
committees to which legislation is referred are not permitted
to make changes or alterations to the text of the referred
bill and its annexes, but may propose changes or alterations
to the same in the form of amendments.
(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, but not less than quarterly, 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 National Intelligence, 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 select 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 purposes 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 Ethics) 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 National 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 National Intelligence, be
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
[[Page S847]]
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--
(A) first, notify the Majority Leader and Minority Leader
of the Senate of such vote; and
(B) second, consult with the Majority Leader and Minority
Leader before notifying 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 Majority Leader and the Minority Leader and 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 therefore, and certifies
that the threat to the 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
Majority Leader and Minority Leader of the Senate and the
select Committee of his objections to the disclosure of such
information as provided in paragraph (2), the Majority Leader
and Minority Leader jointly or the select Committee, by
majority vote, may refer the question of the disclosure of
such information to the Senate for consideration.
(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 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 publicly 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 consideration 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 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 to 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 committee or which Members of the Senate received such
information. No Member of the Senate who, and no committee
which, receives any 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 Ethics
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 Ethics 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 Ethics 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'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 Office of the Director of
National Intelligence and the Director of National
Intelligence.
(2) The activities of the Central Intelligence Agency and
the Director of the Central Intelligence Agency.
(3) The activities of the Defense Intelligence Agency.
(4) The activities of the National Security Agency.
(5) The intelligence activities of other agencies and
subdivisions of the Department of Defense.
(6) The intelligence activities of the Department of State.
(7) The intelligence activities of the Federal Bureau of
Investigation.
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 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;
[[Page S848]]
(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 policymaking 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 conducted by the department,
agency, bureau, or subdivision referred to in this
resolution.
Sec. 15. (a) In addition to other committee staff selected
by the select Committee, the select Committee shall hire or
appoint one employee for each member of the select Committee
to serve as such Member's designated representative on the
select Committee. The select Committee shall only hire or
appoint an employee chosen by the respective Member of the
select Committee for whom the employee will serve as the
designated representative on the select Committee.
(b) The select Committee shall be afforded a supplement to
its budget, to be determined by the Committee on Rules and
Administration, to allow for the hire of each employee who
fills the position of designated representative to the select
Committee. The designated representative shall have office
space and appropriate office equipment in the select
Committee spaces. Designated personal representatives shall
have the same access to Committee staff, information,
records, and databases as select Committee staff, as
determined by the Chairman and Vice Chairman.
(c) The designated employee shall meet all the requirements
of relevant statutes, Senate rules, and committee security
clearance requirements for employment by the select
Committee.
(d) Of the funds made available to the select Committee for
personnel--
(1) not more than 60 percent shall be under the control of
the Chairman; and (2) not less than 40 percent shall be under
the control of the Vice Chairman.
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.
Sec. 17. (a)(1) Except as otherwise provided in subsection
(b), the select Committee shall have jurisdiction for
reviewing, holding hearings, and reporting the nominations of
civilian persons nominated by the President to fill all
positions within the intelligence community requiring the
advice and consent of the Senate.
(2) Other committees with jurisdiction over the nominees'
executive branch department may hold hearings and interviews
with such persons, but only the select Committee shall report
such nominations.
(b)(1) With respect to the confirmation of the Assistant
Attorney General for National Security, or any successor
position, the nomination of any individual by the President
to serve in such position shall be referred to the Committee
on the Judiciary and, if and when reported, to the select
Committee for not to exceed 20 calendar days, except that in
cases when the 20-day period expires while the Senate is in
recess, the select Committee shall have 5 additional calendar
days after the Senate reconvenes to report the nomination.
(2) If, upon the expiration of the period described in
paragraph (1), the select Committee has not reported the
nomination, such nomination shall be automatically discharged
from the select Committee and placed on the Executive
Calendar.
APPENDIX B
INTELLIGENCE PROVISIONS IN S. RES. 445, 108TH CONG., 2D SESS. (2004)
WHICH WERE NOT INCORPORATED IN S. RES. 400, 94TH CONG., 2D SESS. (1976)
TITLE III--COMMITTEE STATUS
* * * * *
Sec. 301(b) Intelligence.--The Select Committee on
Intelligence shall be treated as a committee listed under
paragraph 2 of rule XXV of the Standing Rules of the Senate
for purposes of the Standing Rules of the Senate.
TITLE IV--INTELLIGENCE-RELATED SUBCOMMITTEES
Sec. 401. Subcommittee Related to Intelligence Oversight.
(a) Establishment.--There is established in the Select
Committee on Intelligence a Subcommittee on Oversight which
shall be in addition to any other subcommittee established by
the select Committee.
(b) Responsibility.--The Subcommittee on Oversight shall be
responsible for ongoing oversight of intelligence activities.
Sec. 402. Subcommittee Related to Intelligence
Appropriations.
(a) Establishment.--There is established in the Committee
on Appropriations a Subcommittee on Intelligence. The
Committee on Appropriations shall reorganize into 13
subcommittees as soon as possible after the convening of the
109th Congress.
(b) Jurisdiction.--The Subcommittee on Intelligence of the
Committee on Appropriations shall have jurisdiction over
funding for intelligence matters, as determined by the Senate
Committee on Appropriations.
APPENDIX C
RULE 26.5(b) OF THE STANDING RULES OF THE SENATE (REFERRED TO IN
COMMITTEE RULE 2.1)
Each meeting of a committee, or any subcommittee thereof,
including meetings to conduct hearings, shall be open to the
public, except that a meeting or series of meetings by a
committee or a subcommittee thereof on the same subject for a
period of no more than fourteen calendar days may be closed
to the public on a motion made and seconded to go into closed
session to discuss only whether the matters enumerated in
clauses (1) through (6) would require the meeting to be
closed, followed immediately by a record vote in open session
by a majority of the members of the committee or subcommittee
when it is determined that the matters to be discussed or the
testimony to be taken at such meeting or meetings--
(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;
(5) will disclose information relating to the trade secrets
of 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; or
[[Page S849]]
(6) may divulge matters required to be kept confidential
under other provisions of law or Government regulations.
ENDNOTES
\1\ As amended by S. Res. 4, 95th Cong., 1st Sess. (1977),
S. Res. 445, 108th Cong., 2d Sess. (2004), Pub. L. No. 109-
177, 506, 120 Stat. 247 (2005), and S. Res. 50, 110th Cong.,
1st Sess. (2007).
____________________
