Report
HOUSE OF REPRESENTATIVES
1st Session 112-134
_______________________________________________________________________
Union Calendar No. 84
.
SEMIANNUAL REPORT OF THE ACTIVITY
of the
HOUSE PERMANENT SELECT COMMITTEE ON INTELLIGENCE
for the
ONE HUNDRED TWELFTH CONGRESS
July 1, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
LETTER OF TRANSMITTAL
----------
House of Representatives,
Permanent Select Committee on Intelligence,
Washington, DC, July 1, 2011.
Hon. Karen Haas,
Clerk of the House of Representatives,
Washington, DC.
Dear Ms. Haas: Pursuant to clause 1(d) of rule XI of the
Rules of the House of Representatives for the 112th Congress, I
present herewith a report entitled ``Semiannual Report on the
Activity of the Permanent Select Committee on Intelligence,
112th Congress.''
Sincerely,
Mike Rogers,
Chairman.
C O N T E N T S
----------
Page
Letter of Transmittal............................................ III
Membership and Organization...................................... 1
Rules of the Committee........................................... 3
Jurisdiction..................................................... 19
Legislative and Oversight Activities............................. 20
Oversight Plan for the 112th Congress and Implementation and
Hearings Held Pursuant to Clause 2(n), (o), and (p) of House
rule XI........................................................ 23
Appendix I--Part A: Committee Reports; Part B: Public Laws; Part
C: Committee Hearings.......................................... 24
Union Calendar No. 84
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-134
======================================================================
SEMIANNUAL REPORT OF THE ACTIVITY OF THE HOUSE PERMANENT SELECT
COMMITTEE ON INTELLIGENCE FOR THE ONE HUNDRED AND TWELFTH CONGRESS
_______
July 1, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rogers of Michigan, from the Permanent Select Committee on
Intelligence, submitted the following
R E P O R T
MEMBERSHIP AND ORGANIZATION
Pursuant to Clause XI of House Rule I, the Speaker
appointed Members to the Committee as follows: Mr. Rogers,
Michigan, Chairman, January 6, 2011. Mr. Thornberry, Texas;
Mrs. Myrick, North Carolina; Mr. Miller, Florida; Mr. Conaway,
Texas; Mr. King, New York; Mr. LoBiondo, New Jersey; Mr. Nunes,
California; Mr. Westmoreland, Georgia; Mrs. Bachmann,
Minnesota; Mr. Rooney, Florida; Mr. Heck, Nevada, January 12,
2011. Mr. Ruppersberger, Maryland, Ranking Member; Mr.
Thompson, California; Ms. Schakowsky, Illinois; Mr. Langevin,
Rhode Island; Mr. Schiff, California; Mr. Boren, Oklahoma; Mr.
Gutierrez, Illinois; Mr. Chandler, Kentucky, January 26, 2011.
On February 9, 2011, the Committee met with a quorum
present for the purpose of an organizational meeting and
adopted proposed Committee Rules by voice vote. The Committee
Rules for the 112th Congress included a significant reform to
permit three ``designated members'' of the Appropriations
Subcommittee on Defense to attend hearings and briefings of the
Committee, at the discretion of the Chair. These members would
be designated by the Chairman, in consultation with the Ranking
Member, for the duration of the Congress. No more than two of
the Designated Members may be from the same political party.
This reform is intended to increase coordination between the
Committee and the Committee on Appropriations with respect to
authorized and appropriated funding levels for intelligence
programs.
The notification requirements with respect to meetings were
also changed to conform to modifications in the Rules of the
House. In addition, the Committee Rules also reiterate that
records of closed sessions of the Committee that are taken or
created by the Executive Branch continue to be considered as
Committee documents, and may not be publicly discussed or
disclosed without the permission of the Committee.
The full text of the adopted Committee Rules appears later
in this section.
Subsequently, on March 3, 2011, the Chairman in
consultation with the Ranking Member named the Members of each
of the three Subcommittees. A full listing of the Subcommittee
Membership appears later in this section.
PERMANENT SELECT COMMITTEE ON INTELLIGENCE
FULL COMMITTEE LIST
C.A. DUTCH RUPPERSBERGER, Maryland, MIKE ROGERS, Michigan,
Ranking Member Chairman
MIKE THOMPSON, California MAC THORNBERRY, Texas
JANICE SCHAKOWSKY, Illinois SUE MYRICK, North Carolina
JAMES R. LANGEVIN, Rhode Island JEFF MILLER, Florida
ADAM B. SCHIFF, California K. MICHAEL CONAWAY, Texas
DAN BOREN, Oklahoma PETER T. KING, New York
LUIS V. GUTIERREZ, Illinois FRANK A. LoBIONDO, New Jersey
BEN CHANDLER, Kentucky DEVIN NUNES, California
LYNN A. WESTMORELAND, Georgia
MICHELE BACHMANN, Minnesota
THOMAS J. ROONEY, Florida
JOSEPH J. HECK, Nevada
Michael Allen, Staff Director
----------
SUBCOMMITTEE LIST
Subcommittee on Terrorism, Human Intelligence, Analysis, and
Counterintelligence
MIKE THOMPSON, California SUE MYRICK, North Carolina,
Ranking Member Chairman
DAN BOREN, Oklahoma K. MICHAEL CONAWAY, Texas
LUIS V. GUTIERREZ, Illinois PETER T. KING, New York
FRANK A. LoBIONDO, New Jersey
THOMAS J. ROONEY, Florida
Subcommittee on Technical and Tactical Intelligence
ADAM B. SCHIFF, California JOSEPH J. HECK, Nevada,
Ranking Member Chairman
JAMES R. LANGEVIN, Rhode Island MAC THORNBERRY, Texas
BEN CHANDLER, Kentucky FRANK LoBIONDO, New Jersey
DEVIN NUNES, California
MICHELE BACHMANN, Minnesota
Subcommittee on Oversight and Investigations
JANICE SCHAKOWSKY, Illinois LYNN A. WESTMORELAND, Georgia
Ranking Member Chairman
MIKE THOMPSON, California JEFF MILLER, Florida
DAN BOREN, Oklahoma DEVIN NUNES, California
MICHELE BACHMANN, Minnesota
THOMAS J. ROONEY, Florida
RULES OF PROCEDURE FOR THE PERMANENT SELECT COMMITTEE ON INTELLIGENCE
UNITED STATES HOUSE OF REPRESENTATIVES 112TH CONGRESS
1. MEETING DAY
Regular Meeting Day for the Full Committee. The regular
meeting day of the Committee for the transaction of Committee
business shall be the first Thursday of each month, unless
otherwise directed by the Chair.
2. NOTICE FOR MEETINGS
(a) Generally.--In the case of any meeting of the
Committee, the Chief Clerk of the Committee shall provide
reasonable notice to every member of the Committee. Such notice
shall provide the time, place, and subject matter of the
meeting, and shall be made consistent with the provisions of
clause 2(g)(3) of House Rule XI.
(b) Hearings.--Except as provided in subsection (d), a
Committee hearing may not commence earlier than one week after
such notice.
(c) Business Meetings.--Except as provided in subsection
(d), a Committee business meeting may not commence earlier than
the third day on which Members have notice thereof.
(d) Exception.--A hearing or business meeting may begin
sooner than otherwise specified in either of the following
circumstances (in which case the Chair shall provide the notice
at the earliest possible time):
(1) the Chair, with the concurrence of the Ranking
Minority Member, determines there is good cause; or
(2) the Committee so determines by majority vote in
the presence of the number of members required under
the rules of the committee for the transaction of
business.
(e) Definition.--For purposes of this rule, ``notice''
means:
(1) Written notification; or
(2) Notification delivered by facsimile transmission,
regular mail, or electronic mail.
3. PREPARATIONS FOR COMMITTEE MEETINGS
(a) Generally.--Designated Committee Staff, as directed by
the Chair, shall brief members of the Committee at a time
sufficiently prior to any Committee meeting in order to:
(1) Assist Committee members in preparation for such
meeting; and
(2) Determine which matters members wish considered
during any meeting.
(b) Briefing Materials.--
(1) Such a briefing shall, at the request of a
member, include a list of all pertinent papers, and
such other materials, that have been obtained by the
Committee that bear on matters to be considered at the
meeting; and
(2) The Staff Director shall also recommend to the
Chair any testimony, papers, or other materials to be
presented to the Committee at the meeting of the
Committee.
4. OPEN MEETINGS
(a) Generally.--Pursuant to House Rule XI, but subject to
the limitations of subsections (b) and (c), Committee meetings
held for the transaction of business and Committee hearings
shall be open to the public.
(b) Meetings.--Any meeting or portion thereof, for the
transaction of business, including the markup of legislation,
or any hearing or portion thereof, shall be closed to the
public, if the Committee determines by record vote in open
session, with a majority of the Committee present, that
disclosure of the matters to be discussed may:
(1) Endanger national security;
(2) Compromise sensitive law enforcement information;
(3) Tend to defame, degrade, or incriminate any
person; or
(4) Otherwise violate any law or Rule of the House.
(c) Hearings.--The Committee may vote to close a Committee
hearing pursuant to clause 11(d)(2) of House Rule X, regardless
of whether a majority is present, so long as at least two
members of the Committee are present, one of whom is a member
of the Minority and votes upon the motion.
(d) Briefings.--Committee briefings shall be closed to the
public.
5. QUORUM
(a) Hearings.--For purposes of taking testimony, or
receiving evidence, a quorum shall consist of two Committee
members, at least one of whom is a member of the Majority.
(b) Other Committee Proceedings.--For purposes of the
transaction of all other Committee business, other than the
consideration of a motion to close a hearing as described in
Rule 4(c), a quorum shall consist of a majority of members.
6. PROCEDURES FOR AMENDMENTS AND VOTES
(a) Amendments.--When a bill or resolution is being
considered by the Committee, members shall provide the Chief
Clerk in a timely manner with a sufficient number of written
copies of any amendment offered, so as to enable each member
present to receive a copy thereof prior to taking action. A
point of order may be made against any amendment not reduced to
writing. A copy of each such amendment shall be maintained in
the public records of the Committee.
(b) Reporting Record Votes.--Whenever the Committee reports
any measure or matter by record vote, the report of the
Committee upon such measure or matter shall include a
tabulation of the votes cast in favor of, and the votes cast in
opposition to, such measure or matter.
(c) Postponement of Further Proceedings.--In accordance
with clause 2(h) of House Rule XI, the Chair is authorized to
postpone further proceedings when a record vote is ordered on
the question of approving a measure or matter or adopting an
amendment. The Chair may resume proceedings on a postponed
request at any time after reasonable notice. When proceedings
resume on a postponed question, notwithstanding any intervening
order for the previous question, an underlying proposition
shall remain subject to further debate or amendment to the same
extent as when the question was postponed.
(d) Availability of Record Votes on Committee Website.--In
addition to any other requirement of the Rules of the House,
the Chair shall make the record votes on any measure or matter
on which a record vote is taken, other than a motion to close a
Committee hearing, briefing, or meeting, available on the
Committee's website not later than 2 business days after such
vote is taken. Such record shall include an unclassified
description of the amendment, motion, order, or other
proposition, the name of each member voting in favor of, and
each member voting in opposition to, such amendment, motion,
order, or proposition, and the names of those members of the
Committee present but not voting.
7. SUBCOMMITTEES
(a) Generally.--
(1) Creation of subcommittees shall be by majority
vote of the Committee.
(2) Subcommittees shall deal with such legislation
and oversight of programs and policies as the Committee
may direct.
(3) Subcommittees shall be governed by these rules.
(4) For purposes of these rules, any reference herein
to the ``Committee'' shall be interpreted to include
subcommittees, unless otherwise specifically provided.
(b) Establishment of Subcommittees.--The Committee
establishes the following subcommittees:
(1) Subcommittee on Terrorism, Human Intelligence,
Analysis, and Counterintelligence;
(2) Subcommittee on Technical and Tactical
Intelligence; and,
(3) Subcommittee on Oversight and Investigations.
(c) Subcommittee Membership.--
(1) Generally.--Each member of the Committee may be
assigned to at least one of the subcommittees.
(2) Ex officio membership.--In the event that the
Chair and Ranking Minority Member of the full Committee
do not choose to sit as regular voting members of one
or more of the subcommittees, each is authorized to sit
as an ex officio member of the subcommittees and
participate in the work of the subcommittees. When
sitting ex officio, however, they:
(A) Shall not have a vote in the
subcommittee; and
(B) Shall not be counted for purposes of
determining a quorum.
(d) Regular Meeting Day for Subcommittees.--There is no
regular meeting day for subcommittees.
8. PROCEDURES FOR TAKING TESTIMONY OR RECEIVING EVIDENCE
(a) Notice.--Adequate notice shall be given to all
witnesses appearing before the Committee.
(b) Oath or Affirmation.--The Chair may require testimony
of witnesses to be given under oath or affirmation.
(c) Administration of Oath or Affirmation.--Upon the
determination that a witness shall testify under oath or
affirmation, any member of the Committee designated by the
Chair may administer the oath or affirmation.
(d) Questioning of Witnesses.--
(1) Generally.--Questioning of witnesses before the
Committee shall be conducted by members of the
Committee.
(2) Exceptions.--
(A) The Chair, in consultation with the
Ranking Minority Member, may determine that
Committee Staff will be authorized to question
witnesses at a hearing in accordance with
clause (2)(j) of House Rule XI.
(B) The Chair and Ranking Minority Member are
each authorized to designate Committee Staff to
conduct such questioning.
(e) Counsel for the Witness.--
(1) Generally.--Witnesses before the Committee may be
accompanied by counsel, subject to the requirements of
paragraph (2).
(2) Counsel clearances required.--In the event that a
meeting of the Committee has been closed because the
subject to be discussed deals with classified
information, counsel accompanying a witness before the
Committee must possess the requisite security clearance
and provide proof of such clearance to the Committee at
least 24 hours prior to the meeting at which the
counsel intends to be present.
(3) Failure to obtain counsel.--Any witness who is
unable to obtain counsel should notify the Committee.
If such notification occurs at least 24 hours prior to
the witness' appearance before the Committee, the
Committee shall then endeavor to obtain voluntary
counsel for the witness. Failure to obtain counsel,
however, will not excuse the witness from appearing and
testifying.
(4) Conduct of counsel for witnesses.--Counsel for
witnesses appearing before the Committee shall conduct
themselves ethically and professionally at all times in
their dealings with the Committee.
(A) A majority of members of the Committee
may, should circumstances warrant, find that
counsel for a witness before the Committee
failed to conduct himself or herself in an
ethical or professional manner.
(B) Upon such finding, counsel may be subject
to appropriate disciplinary action.
(5) Temporary removal of counsel.--The Chair may
remove counsel during any proceeding before the
Committee for failure to act in an ethical and
professional manner.
(6) Committee reversal.--A majority of the members of
the Committee may vote to overturn the decision of the
Chair to remove counsel for a witness.
(7) Role of counsel for witness.--
(A) Counsel for a witness:
(i) Shall not be allowed to examine
witnesses before the Committee, either
directly or through cross-examination;
but
(ii) May submit questions in writing
to the Committee that counsel wishes
propounded to a witness; or
(iii) May suggest, in writing to the
Committee, the presentation of other
evidence or the calling of other
witnesses.
(B) The Committee may make such use of any
such questions, or suggestions, as the
Committee deems appropriate.
(f) Statements by Witnesses.--
(1) Generally.--A witness may make a statement, which
shall be brief and relevant, at the beginning and at
the conclusion of the witness' testimony.
(2) Length.--Each such statement shall not exceed
five minutes in length, unless otherwise determined by
the Chair.
(3) Submission to the committee.--Any witness
desiring to submit a written statement for the record
of the proceeding shall submit a copy of the statement
to the Chief Clerk of the Committee.
(A) Such statements shall ordinarily be
submitted no less than 48 hours in advance of
the witness' appearance before the Committee
and shall be submitted in written and
electronic format.
(B) In the event that the hearing was called
with less than 24 hours notice, written
statements should be submitted as soon as
practicable prior to the hearing.
(g) Objections and Ruling.--
(1) Generally.--Any objection raised by a witness, or
counsel for the witness, shall be ruled upon by the
Chair, and such ruling shall be the ruling of the
Committee.
(2) Committee action.--A ruling by the Chair may be
overturned upon a majority vote of the Committee.
(h) Transcripts.--
(1) Transcript required.--A transcript shall be made
of the testimony of each witness appearing before the
Committee during any hearing of the Committee.
(2) Opportunity to inspect.--Any witness testifying
before the Committee shall be given a reasonable
opportunity to inspect the transcript of the hearing,
and may be accompanied by counsel to determine whether
such testimony was correctly transcribed. Such counsel:
(A) May review the transcript only if he or
she has the appropriate security clearances
necessary to review any classified aspect of
the transcript; and
(B) Should, to the extent possible, be the
same counsel that was present for such
classified testimony.
(3) Corrections.--
(A) Pursuant to Rule XI of the House Rules,
any corrections the witness desires to make in
a transcript shall be limited to technical,
grammatical, and typographical corrections.
(B) Corrections may not be made to change the
substance of the Testimony.
(C) Such corrections shall be submitted in
writing to the Committee within 7 days after
the transcript is made available to the
witnesses.
(D) Any questions arising with respect to
such corrections shall be decided by the Chair.
(4) Copy for the witness.--At the request of the
witness, any portion of the witness' testimony given in
executive session shall be made available to that
witness if that testimony is: subsequently quoted or
intended to be made part of a public record. Such
testimony shall be made available to the witness at the
witness' expense.
(i) Requests to Testify.--
(1) Generally.--The Committee will consider requests
to testify on any matter or measure pending before the
Committee.
(2) Recommendations for additional evidence.--Any
person who believes that testimony, other evidence, or
commentary, presented at a public hearing may tend to
affect adversely that person's reputation may submit to
the Committee, in writing:
(A) A request to appear personally before the
Committee;
(B) A sworn statement of facts relevant to
the testimony, evidence, or commentary; or
(C) Proposed questions for the cross-
examination of other witnesses.
(3) Committee discretion.--The Committee may take
those actions it deems appropriate with respect to such
requests.
(j) Contempt Procedures.--Citations for contempt of
Congress shall be forwarded to the House only if:
(1) Reasonable notice is provided to all members of
the Committee of a meeting to be held to consider any
such contempt recommendations;
(2) The Committee has met and considered the contempt
allegations;
(3) The subject of the allegations was afforded an
opportunity to state either in writing or in person,
why he or she should not be held in contempt; and
(4) The Committee agreed by majority vote to forward
the citation recommendations to the House.
(k) Release of Name of Witness.--
(1) Generally.--At the request of a witness scheduled
to be heard by the Committee, the name of that witness
shall not be released publicly prior to, or after, the
witness' appearance before the Committee.
(2) Exceptions.--Notwithstanding paragraph (1), the
Chair may authorize the release to the public of the
name of any witness scheduled to appear before the
Committee.
9. INVESTIGATIONS
(a) Commencing Investigations.--The Committee shall conduct
investigations only if approved by the Chair, in consultation
with the Ranking Minority Member.
(b) Conducting Investigations.--An authorized investigation
may be conducted by members of the Committee or Committee Staff
designated by the Chair, in consultation with the Ranking
Minority Member, to undertake any such investigation.
10. SUBPOENAS
(a) Generally.--All subpoenas shall be authorized by the
Chair of the full Committee, upon consultation with the Ranking
Minority Member, or by vote of the Committee.
(b) Subpoena Contents.--Any subpoena authorized by the
Chair of the full Committee, or the Committee, may compel:
(1) The attendance of witnesses and testimony before
the Committee; or
(2) The production of memoranda, documents, records,
or any other tangible item.
(c) Signing of Subpoena.--A subpoena authorized by the
Chair of the full Committee, or the Committee, may be signed by
the Chair, or by any member of the Committee designated to do
so by the Committee.
(d) Subpoena Service.--A subpoena authorized by the Chair
of the full Committee, or the Committee, may be served by any
person designated to do so by the Chair.
(e) Other Requirements.--Each subpoena shall have attached
thereto a copy of these rules.
11. COMMITTEE STAFF
(a) Definition.--For the purpose of these rules,
``Committee Staff'' or ``Staff of the Committee'' means:
(1) Employees of the Committee;
(2) Consultants to the Committee;
(3) Employees of other Government agencies detailed
to the Committee; or
(4) Any other person engaged by contract, or
otherwise, to perform services for, or at the request
of, the Committee.
(b) Appointment of Committee Staff and Security
Requirements.--
(1) Chair's authority.--Except as provided in
paragraph (2), the Committee Staff shall be appointed,
and may be removed, by the Chair and shall work under
the general supervision and direction of the Chair.
(2) Staff assistance to minority membership.--Except
as provided in paragraphs (3) and (4), and except as
otherwise provided by Committee Rules, the Committee
Staff provided to the Minority Party members of the
Committee shall be appointed, and may be removed, by
the Ranking Minority Member of the Committee, and shall
work under the general supervision and direction of
such member.
(3) Security clearance required.--All offers of
employment for prospective Committee Staff positions
shall be contingent upon:
(A) The results of a background
investigation; and
(B) A determination by the Chair that
requirements for the appropriate security
clearances have been met.
(4) Security requirements.--Notwithstanding paragraph
(2), the Chair shall supervise and direct the Committee
Staff with respect to the security and nondisclosure of
classified information. Committee Staff shall comply
with requirements necessary to ensure the security and
nondisclosure of classified information as determined
by the Chair in consultation with the Ranking Minority
Member.
12. LIMIT ON DISCUSSION OF CLASSIFIED WORK OF THE COMMITTEE
(a) Prohibition.--
(1) Generally.--Except as otherwise provided by these
rules and the Rules of the House of Representatives,
members of the Committee and Committee Staff shall not
at any time, either during that person's tenure as a
member of the Committee or as Committee Staff, or
anytime thereafter, discuss or disclose, or cause to be
discussed or disclosed:
(A) The classified substance of the work of
the Committee;
(B) Any information received by the Committee
in executive session;
(C) Any classified information received by
the Committee from any source; or
(D) The substance of any hearing that was
closed to the public pursuant to these rules or
the Rules of the House.
(2) Non-disclosure in proceedings.--
(A) Members of the Committee and the
Committee Staff shall not discuss either the
substance or procedure of the work of the
Committee with any person not a member of the
Committee or the Committee Staff in connection
with any proceeding, judicial or otherwise,
either during the person's tenure as a member
of the Committee, or of the Committee Staff, or
at any time thereafter, except as directed by
the Committee in accordance with the Rules of
the House and these rules.
(B) In the event of the termination of the
Committee, members and Committee Staff shall be
governed in these matters in a manner
determined by the House concerning discussions
of the classified work of the Committee.
(3) Exceptions.--
(A) Notwithstanding the provisions of
subsection (a)(1), members of the Committee and
the Committee Staff may discuss and disclose
those matters described in subsection (a)(1)
with:
(i) Members and staff of the Senate
Select Committee on Intelligence
designated by the chair of that
committee;
(ii) The chairmen and ranking
minority members of the House and
Senate Committees on Appropriations and
staff of those committees designated by
the chairmen of those committees; and,
(iii) The chair and ranking minority
member of the Subcommittee on Defense
of the House Committee on
Appropriations and staff of that
subcommittee as designated by the chair
of that subcommittee, or Members of
that subcommittee designated by the
Chair pursuant to clause (g)(1) of
Committee Rule 12.
(B) Notwithstanding the provisions of
subsection (a)(1), members of the Committee and
the Committee Staff may discuss and disclose
only that budget-related information necessary
to facilitate the enactment of the annual
defense authorization bill with the chairmen
and ranking minority members of the House and
Senate Committees on Armed Services and the
staff of those committees as designated by the
chairmen of those committees.
(C) Notwithstanding the provisions of
subsection (a)(1), members of the Committee and
the Committee Staff may discuss with and
disclose to the chair and ranking minority
member of a subcommittee of the House
Appropriations Committee with jurisdiction over
an agency or program within the National
Intelligence Program (NIP), and staff of that
subcommittee as designated by the chair of that
subcommittee, only that budget-related
information necessary to facilitate the
enactment of an appropriations bill within
which is included an appropriation for an
agency or program within the NIP.
(D) The Chair may, in consultation with the
Ranking Minority Member, upon the written
request to the Chair from the Inspector General
of an element of the Intelligence Community,
grant access to Committee transcripts or
documents that are relevant to an investigation
of an allegation of possible false testimony or
other inappropriate conduct before the
Committee, or that are otherwise relevant to
the Inspector General's investigation.
(E) Upon the written request of the head of
an Intelligence Community element, the Chair
may, in consultation with the Ranking Minority
Member, make available Committee briefing or
hearing transcripts to that element for review
by that element if a representative of that
element testified, presented information to the
Committee, or was present at the briefing or
hearing the transcript of which is requested
for review.
(F) Members and Committee Staff may discuss
and disclose such matters as otherwise directed
by the Committee.
(4) Records of closed proceedings.--Any records or
notes taken by any person memorializing material
otherwise prohibited from disclosure by members of the
Committee and Committee staff under these rules,
including information received in executive session and
the substance of any hearing or briefing that was
closed to the public, shall remain Committee material
subject to these rules and may not be publicly
discussed, disclosed, or caused to be publicly
discussed or disclosed, unless authorized by the
Committee consistent with these rules.
(b) Non-Disclosure Agreement.--
(1) Generally.--All Committee Staff must, before
joining the Committee Staff, agree in writing, as a
condition of employment, not to divulge or cause to be
divulged any classified information which comes into
such person's possession while a member of the
Committee Staff, to any person not a member of the
Committee or the Committee Staff, except as authorized
by the Committee in accordance with the Rules of the
House and these rules.
(2) Other requirements.--In the event of the
termination of the Committee, members and Committee
Staff must follow any determination by the House of
Representatives with respect to the protection of
classified information received while a member of the
Committee or as Committee Staff.
(3) Requests for testimony of staff.--
(A) All Committee Staff must, as a condition
of employment, agree in writing to notify the
Committee immediately of any request for
testimony received while a member of the
Committee Staff, or at any time thereafter,
concerning any classified information received
by such person while a member of the Committee
Staff.
(B) Committee Staff shall not disclose, in
response to any such request for testimony, any
such classified information, except as
authorized by the Committee in accordance with
the Rules of the House and these rules.
(C) In the event of the termination of the
Committee, Committee Staff will be subject to
any determination made by the House of
Representatives with respect to any requests
for testimony involving classified information
received while a member of the Committee Staff.
13. CLASSIFIED MATERIAL
(a) Receipt of Classified Information.--
(1) Generally.--In the case of any information that
has been classified under established security
procedures and submitted to the Committee by any
source, the Committee shall receive such classified
information as executive session material.
(2) Staff receipt of classified materials.--For
purposes of receiving classified information, the
Committee Staff is authorized to accept information on
behalf of the Committee.
(b) Non-Disclosure of Classified Information.--Any
classified information received by the Committee, from any
source, shall not be disclosed to any person not a member of
the Committee or the Committee Staff, or otherwise released,
except as authorized by the Committee in accordance with the
Rules of the House and these rules.
(c) Exception for Non-Exclusive Materials.--
(1) Non-exclusive materials.--Any materials provided
to the Committee by the executive branch, if provided
in whole or in part for the purpose of review by
members who are not members of the Committee, shall be
received or held by the Committee on a non-exclusive
basis. Classified information provided to the Committee
shall be considered to have been provided on an
exclusive basis unless the executive branch provides a
specific, written statement to the contrary.
(2) Access for non-committee members. In the case of
materials received on a non-exclusive basis, the Chair,
in consultation with the Ranking Minority Member, may
grant non-Committee members access to such materials in
accordance with the requirements of Rule 14(f)(4),
notwithstanding paragraphs (1), (2), and (3) of Rule
14.
14. PROCEDURES RELATED TO HANDLING OF CLASSIFIED INFORMATION
(a) Security Measures.--
(1) Strict security.--The Committee's offices shall
operate under strict security procedures administered
by the Director of Security and Registry of the
Committee under the direct supervision of the Staff
Director.
(2) U.S. capitol police presence required.--At least
one U.S. Capitol Police officer shall be on duty at all
times outside the entrance to Committee offices to
control entry of all persons to such offices.
(3) Identification required.--Before entering the
Committee's offices all persons shall identify
themselves to the U.S. Capitol Police officer described
in paragraph (2) and to a member of the Committee or
Committee Staff.
(4) Maintenance of classified materials.--Classified
documents shall be segregated and maintained in
approved security storage locations.
(5) Examination of classified materials.--Classified
documents in the Committee's possession shall be
examined in an appropriately secure manner.
(6) Prohibition on removal of classified materials.--
Removal of any classified document from the Committee's
offices is strictly prohibited, except as provided by
these rules.
(7) Exception.--Notwithstanding the prohibition set
forth in paragraph (6), a classified document, or copy
thereof, may be removed from the Committee's offices in
furtherance of official Committee business. Appropriate
security procedures shall govern the handling of any
classified documents removed from the Committee's
offices.
(b) Access to Classified Information by Members.--All
members of the Committee shall at all times have access to all
classified papers and other material received by the Committee
from any source.
(c) Need-to-Know.--
(1) Generally.--Committee Staff shall have access to
any classified information provided to the Committee on
a strict ``need-to-know'' basis, as determined by the
Committee, and under the Committee's direction by the
Staff Director.
(2) Appropriate clearances required.--Committee Staff
must have the appropriate clearances prior to any
access to compartmented information.
(d) Oath.--
(1) Requirement.--Before any member of the Committee,
or the Committee Staff, shall have access to classified
information, the following oath shall be executed:
``I do solemnly swear (or affirm) that I will not
disclose or cause to be disclosed any classified
information received in the course of my service on the
House Permanent Select Committee on Intelligence,
except when authorized to do so by the Committee or the
House of Representatives.''
(2) Copy.--A copy of such executed oath shall be
retained in the files of the Committee.
(e) Registry.--
(1) Generally.--The Committee shall maintain a
registry that:
(A) Provides a brief description of the
content of all classified documents provided to
the Committee by the executive branch that
remain in the possession of the Committee; and
(B) Lists by number all such documents.
(2) Designation by the staff director.--The Staff
Director shall designate a member of the Committee
Staff to be responsible for the organization and daily
maintenance of such registry.
(3) Availability.--Such registry shall be available
to all members of the Committee and Committee Staff.
(f) Requests by Members of Other Committees.--Pursuant to
the Rules of the House, members who are not members of the
Committee may be granted access to such classified transcripts,
records, data, charts, or files of the Committee, and be
admitted on a non-participatory basis to classified hearings of
the Committee involving discussions of classified material in
the following manner:
(1) Written notification required.--Members who
desire to examine classified materials in the
possession of the Committee, or to attend Committee
hearings or briefings on a non-participatory basis,
must notify the Chief Clerk of the Committee in
writing. Such notification shall state with specificity
the justification for the request and the need for
access.
(2) Committee consideration.--The Committee shall
consider each such request by non-Committee members at
the earliest practicable opportunity. The Committee
shall determine, by record vote, what action it deems
appropriate in light of all of the circumstances of
each request. In its determination, the Committee shall
consider:
(A) The sensitivity to the national defense
or the confidential conduct of the foreign
relations of the United States of the
information sought;
(B) The likelihood of its being directly or
indirectly disclosed;
(C) The jurisdictional interest of the member
making the request; and
(D) Such other concerns, constitutional or
otherwise, as may affect the public interest of
the United States.
(3) Committee action.--After consideration of the
member's request, the Committee may take any action it
deems appropriate under the circumstances, including
but not limited to:
(A) Approving the request, in whole or part;
(B) Denying the request;
(C) Providing the requested information or
material in a different form than that sought
by the member; or
(D) Making the requested information or
material available to all members of the House.
(4) Requirements for access by non-committee
members.--Prior to a non-Committee member being given
access to classified information pursuant to this
subsection, the requesting member shall:
(A) Provide the Committee a copy of the oath
executed by such member pursuant to House Rule
XXIII, clause 13; and
(B) Agree in writing not to divulge any
classified information provided to the member,
pursuant to this subsection, to any person not
a member of the Committee or the Committee
Staff, except as otherwise authorized by the
Committee in accordance with the Rules of the
House and these rules.
(5) Consultation authorized.--When considering a
member's request, the Committee may consult the
Director of National Intelligence and such other
officials it considers necessary.
(6) Finality of committee decision.--
(A) Should the member making such a request
disagree with the Committee's determination
with respect to that request, or any part
thereof, that member must notify the Committee
in writing of such disagreement.
(B) The Committee shall subsequently consider
the matter and decide, by record vote, what
further action or recommendation, if any, the
Committee will take.
(g) Admission of Designated Members of the Subcommittee on
Defense of the Committee on Appropriations.--Notwithstanding
the provisions of subsection (f), the Chair may admit no more
than three designated Members of the Subcommittee on Defense of
the Committee on Appropriations to classified hearings and
briefings of the Committee involving discussions of classified
material. Such Members may also be granted access to classified
transcripts, records, data, charts or files of the Committee
incident to such attendance.
(1) Designation.--The Chair may designate three
Members of the Subcommittee to be eligible for
admission in consultation with the Ranking Minority
Member, of whom not more than two may be from the same
political party. Such designation shall be effective
for the entire Congress.
(2) Admission.--The Chair may determine whether to
admit designated Members at each hearing or briefing of
the Committee involving discussions of classified
material. If the Chair admits any of the designated
Members to a particular hearing or briefing, all three
of the designated Members shall be admitted to that
hearing or briefing. Designated Members shall not be
counted for quorum purposes and shall not have a vote
in any meeting.
(3) Requirements for access.--Prior to being given
access to classified information pursuant to this
subsection, a designated Member shall:
(A) Provide the Committee a copy of the oath
executed by such Member pursuant to House Rule
XXIII, clause 13; and
(B) Agree in writing not to divulge any
classified information provided to the Member
pursuant to this subsection to any person not a
Member of the Committee or a designated Member
or authorized Staff of the Subcommittee on
Defense of the Committee on Appropriations,
except as otherwise authorized by the Committee
in accordance with the Rules of the House and
these rules.
(h) Advising the House or Other Committees.--Pursuant to
Section 501 of the National Security Act of 1947 (50 U.S.C.
413), and to the Rules of the House, the Committee shall call
to the attention of the House, or to any other appropriate
committee of the House, those matters requiring the attention
of the House, or such other committee, on the basis of the
following provisions:
(1) By request of committee member.--At the request
of any member of the Committee to call to the attention
of the House, or any other committee, executive session
material in the Committee's possession, the Committee
shall meet at the earliest practicable opportunity to
consider that request.
(2) Committee consideration of request.--The
Committee shall consider the following factors, among
any others it deems appropriate:
(A) The effect of the matter in question on
the national defense or the foreign relations
of the United States;
(B) Whether the matter in question involves
sensitive intelligence sources and methods;
(C) Whether the matter in question otherwise
raises questions affecting the national
interest; and
(D) Whether the matter in question affects
matters within the jurisdiction of another
Committee of the House.
(3) Views of other committees.--In examining such
factors, the Committee may seek the opinion of members
of the Committee appointed from standing committees of
the House with jurisdiction over the matter in
question, or submissions from such other committees.
(4) Other advice.--The Committee may, during its
deliberations on such requests, seek the advice of any
executive branch official.
(i) Reasonable Opportunity To Examine Materials.--Before
the Committee makes any decision regarding any request for
access to any classified information in its possession, or a
proposal to bring any matter to the attention of the House or
another committee, members of the Committee shall have a
reasonable opportunity to examine all pertinent testimony,
documents, or other materials in the Committee's possession
that may inform their decision on the question.
(j) Notification to the House.--The Committee may bring a
matter to the attention of the House when, after consideration
of the factors set forth in this rule, it considers the matter
in question so grave that it requires the attention of all
members of the House, and time is of the essence, or for any
reason the Committee finds compelling.
(k) Method of Disclosure to the House.--
(1) Should the Committee decide by record vote that a
matter requires the attention of the House as described
in subsection (i), it shall make arrangements to notify
the House promptly.
(2) In such cases, the Committee shall consider
whether:
(A) To request an immediate secret session of
the House (with time equally divided between
the Majority and the Minority); or
(B) To publicly disclose the matter in
question pursuant to clause 11(g) of House Rule
X.
(l) Requirement To Protect Sources and Methods.--In
bringing a matter to the attention of the House, or another
committee, the Committee, with due regard for the protection of
intelligence sources and methods, shall take all necessary
steps to safeguard materials or information relating to the
matter in question.
(m) Availability of Information to Other Committees.--The
Committee, having determined that a matter shall be brought to
the attention of another committee, shall ensure that such
matter, including all classified information related to that
matter, is promptly made available to the chair and ranking
minority member of such other committee.
(n) Provision of Materials.--The Director of Security and
Registry for the Committee shall provide a copy of these rules,
and the applicable portions of the Rules of the House of
Representatives governing the handling of classified
information, along with those materials determined by the
Committee to be made available to such other committee of the
House or non-Committee member.
(o) Ensuring Clearances and Secure Storage.--The Director
of Security and Registry shall ensure that such other committee
or non-Committee member receiving such classified materials may
properly store classified materials in a manner consistent with
all governing rules, regulations, policies, procedures, and
statutes.
(p) Log.--The Director of Security and Registry for the
Committee shall maintain a written record identifying the
particular classified document or material provided to such
other committee or non-Committee member, the reasons agreed
upon by the Committee for approving such transmission, and the
name of the committee or non-Committee member receiving such
document or material.
(q) Miscellaneous Requirements.--
(1) Staff director's additional authority.--The Staff
Director is further empowered to provide for such
additional measures, which he or she deems necessary,
to protect such classified information authorized by
the Committee to be provided to such other committee or
non-Committee member.
(2) Notice to originating agency.--In the event that
the Committee authorizes the disclosure of classified
information provided to the Committee by an agency of
the executive branch to a non-Committee member or to
another committee, the Chair may notify the providing
agency of the Committee's action prior to the
transmission of such classified information.
15. LEGISLATIVE CALENDAR
(a) Generally.--The Chief Clerk, under the direction of the
Staff Director, shall maintain a printed calendar that lists:
(1) The legislative measures introduced and referred
to the Committee;
(2) The status of such measures; and
(3) Such other matters that the Committee may
require.
(b) Revisions to the Calendar.--The calendar shall be
revised from time to time to show pertinent changes.
(c) Availability.--A copy of each such revision shall be
furnished to each member, upon request.
(d) Consultation With Appropriate Government Entities.--
Unless otherwise directed by the Committee, legislative
measures referred to the Committee may be referred by the Chief
Clerk to the appropriate department or agency of the Government
for reports thereon.
16. COMMITTEE WEBSITE
The Chair shall maintain an official Committee website for
the purpose of furthering the Committee's legislative and
oversight responsibilities, including communicating information
about the Committee's activities to Committee members and other
members of the House.
17. MOTIONS TO GO TO CONFERENCE
In accordance with clause 2(a) of House Rule XI, the Chair
is authorized and directed to offer a privileged motion to go
to conference under clause 1 of House Rule XXII whenever the
Chair considers it appropriate.
18. COMMITTEE TRAVEL
(a) Authority.--The Chair may authorize members and
Committee Staff to travel on Committee business.
(b) Requests.--
(1) Member requests.--Members requesting
authorization for such travel shall state the purpose
and length of the trip, and shall submit such request
directly to the Chair.
(2) Committee staff requests.--Committee Staff
requesting authorization for such travel shall state
the purpose and length of the trip, and shall submit
such request through their supervisors to the Staff
Director and the Chair.
(c) Notification to Members.--
(1) Generally.--Members shall be notified of all
foreign travel of Committee Staff not accompanying a
member.
(2) Content.--All members are to be advised, prior to
the commencement of such travel, of its length, nature,
and purpose.
(d) Trip Reports.--
(1) Generally.--A full report of all issues discussed
during any travel shall be submitted to the Chief Clerk
of the Committee within a reasonable period of time
following the completion of such trip.
(2) Availability of reports.--Such report shall be:
(A) Available for review by any member or
appropriately cleared Committee Staff; and
(B) Considered executive session material for
purposes of these rules.
(e) Limitations on Travel.--
(1) Generally.--The Chair is not authorized to permit
travel on Committee business of Committee Staff who
have not satisfied the requirements of subsection (d)
of this rule.
(2) Exception.--The Chair may authorize Committee
Staff to travel on Committee business, notwithstanding
the requirements of subsections (d) and (e) of this
rule,
(A) At the specific request of a member of
the Committee; or
(B) In the event there are circumstances
beyond the control of the Committee Staff
hindering compliance with such requirements.
(f) Definitions.--For purposes of this rule the term
``reasonable period of time'' means:
(1) No later than 60 days after returning from a
foreign trip; and
(2) No later than 30 days after returning from a
domestic trip.
19. DISCIPLINARY ACTIONS
(a) Generally.--The Committee shall immediately consider
whether disciplinary action shall be taken in the case of any
member of the Committee Staff alleged to have failed to conform
to any Rule of the House of Representatives or to these rules.
(b) Exception.--In the event the House of Representatives
is:
(1) In a recess period in excess of 3 days; or
(2) Has adjourned sine die; the Chair of the full
Committee, in consultation with the Ranking Minority
Member, may take such immediate disciplinary actions
deemed necessary.
(c) Available Actions.--Such disciplinary action may
include immediate dismissal from the Committee Staff.
(d) Notice to Members.--All members shall be notified as
soon as practicable, either by facsimile transmission or
regular mail, of any disciplinary action taken by the Chair
pursuant to subsection (b).
(e) Reconsideration of Chair's Actions.--A majority of the
members of the full Committee may vote to overturn the decision
of the Chair to take disciplinary action pursuant to subsection
(b).
20. BROADCASTING COMMITTEE MEETINGS
Whenever any hearing or meeting conducted by the Committee
is open to the public, a majority of the Committee may permit
that hearing or meeting to be covered, in whole or in part, by
television broadcast, radio broadcast, and still photography,
or by any of such methods of coverage, subject to the
provisions and in accordance with the spirit of the purposes
enumerated in the Rules of the House.
21. COMMITTEE RECORDS TRANSFERRED TO THE NATIONAL ARCHIVES
(a) Generally.--The records of the Committee at the
National Archives and Records Administration shall be made
available for public use in accordance with the Rules of the
House of Representatives.
(b) Notice of Withholding.--The Chair shall notify the
Ranking Minority Member of any decision, pursuant to the Rules
of the House of Representatives, to withhold a record otherwise
available, and the matter shall be presented to the full
Committee for a determination of the question of public
availability on the written request of any member of the
Committee.
22. CHANGES IN RULES
(a) Generally.--These rules may be modified, amended, or
repealed by vote of the full Committee.
(b) Notice of Proposed Changes.--A notice, in writing, of
the proposed change shall be given to each member at least 48
hours prior to any meeting at which action on the proposed rule
change is to be taken.
JURISDICTION AND SPECIAL OVERSIGHT FUNCTION
Clause 11(b)(1) of rule X of the Rules of the House of
Representatives for the 112th Congress sets forth the
jurisdiction of the Permanent Select Committee on
Intelligence--
(A) The Central Intelligence Agency, the Director of
National Intelligence, and the National Intelligence
Program as defined in section 3(6) of the National
Security Act of 1947.
(B) Intelligence and intelligence-related activities
of all other departments and agencies of the
Government, including the tactical intelligence and
intelligence-related activities of the Department of
Defense.
(C) The organization or reorganization of a
department or agency of the Government to the extent
that the organization or reorganization relates to a
function or activity involving intelligence or
intelligence-related activities.
(D) Authorities for appropriations, both direct and
indirect, for the following:
(i) The Central Intelligence Agency, the
Director of National Intelligence, and the
National Intelligence Program as defined in
section 3(6) of the National Security Act of
1947.
(ii) Intelligence and intelligence-related
activities of all other departments and
agencies of the Government, including the
tactical intelligence and intelligence-related
activities of the Department of Defense.
(iii) A department, agency, subdivision, or
program that is a successor to an agency or
program named or referred to in (i) or (ii).
Clause 3(m) of rule X of the Rules of the House of
Representatives for the 112th Congress sets forth the Special
Oversight Function of Permanent Select Committee on
Intelligence as follows--The Permanent Select Committee on
Intelligence shall review and study on a continuing basis laws,
programs, and activities of the intelligence community and
shall review and study on an exclusive basis the sources and
methods of entities described in clause 11(b)(1)(A).
LEGISLATIVE AND OVERSIGHT ACTIVITIES
During the first quarter of the 112th Congress, 17 bills or
resolutions were referred to the Permanent Select Committee on
Intelligence. The Full Committee reported to the House or was
discharged from the further consideration of 3 measures, not
including conference reports, and has ordered a fourth measure
to be reported. Three measures regarding matters within the
Committee's jurisdiction were enacted into law.
The following is a summary of the legislative and oversight
activities of the Permanent Select Committee on Intelligence
during the first quarter of the 112th Congress. In addition,
this report includes a summary on hearings held pursuant to
clause 2(n), (o), and (p) under House Rule XI.
Legislative Activities
Full Committee
FISA SUNSETS EXTENSION ACT OF 2011
(H.R. 514)
Summary
To extend expiring provisions of the USA Patriot
Improvement and Reauthorization Act of 2005 and Intelligence
Reform and Terrorism Prevention Act of 2004 relating to access
to business records, individual terrorists as agents of foreign
powers, and roving wiretaps until May 27, 2011.
Legislative History
H.R. 514 was introduced by Representative James
Sensenbrenner on January 21, 2011. The bill was referred to the
Committee on the Judiciary and the Permanent Select Committee
on Intelligence on January 26, 2011.
On February 14, 2011, the House considered H.R. 514 under
suspension of the rules and was passed by recorded vote, 275
ayes and 144 noes.
On February 15, 2011, H.R. 514 was received in the Senate
and was passed with an amendment by recorded vote, 86 yeas and
12 nays. On February 25, 2011, the legislation was signed by
the President and became Public Law No. 112-003.
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2011
(H.R. 754)
Summary
H.R. 754 authorizes funds for appropriations for fiscal
year 2011 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United
States Government: (1) the Office of the Director of National
Intelligence; the Central Intelligence Agency; the Department
of Defense; the Defense Intelligence Agency; the National
Security Agency; the Department of the Army, the Department of
the Navy, and the Department of the Air Force; the Coast Guard;
the Department of State; the Department of Treasury; the
Department of Energy; The Department of Justice; the Federal
Bureau of Investigation; the Drug Enforcement Administration;
the National Reconnaissance Office; the National Geospatial-
Intelligence Agency; and the Department of Homeland Security.
The amounts authorized to be appropriated and the authorized
personnel ceilings for the conduct of intelligence activities
of the elements listed above are specified in a classified
Schedule of Authorizations prepared to accompany the bill.
Legislative History
H.R. 754 was introduced by Representative Mike J. Rogers of
Michigan on February 17, 2011. The bill was referred to the
Permanent Select Committee on Intelligence.
On March 10, 2011, the Permanent Select Committee on
Intelligence met in open and closed session and ordered the
bill H.R. 754 favorably reported, as amended.
On May 13, 2011, the House considered H.R. 754 and passed
the bill by recorded vote, 392 ayes, 15 noes.
On May 26, 2011, the Senate passed H.R. 754 without
amendment by voice vote. The legislation was signed by the
President on June 8, 2011 and became Public Law 112-018.
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2012
(H.R. 1892)
Summary
H.R. 1892 authorizes funds for appropriations for fiscal
year 2012 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United
States Government: (1) the Office of the Director of National
Intelligence; the Central Intelligence Agency; the Department
of Defense; the Defense Intelligence Agency; the National
Security Agency; the Department of the Army, the Department of
the Navy, and the Department of the Air Force; the Coast Guard;
the Department of State; the Department of Treasury; the
Department of Energy; The Department of Justice; the Federal
Bureau of Investigation; the Drug Enforcement Administration;
the National Reconnaissance Office; the National Geospatial-
Intelligence Agency; and the Department of Homeland Security.
The amounts authorized to be appropriated and the authorized
personnel ceilings for the conduct of intelligence activities
of the elements listed above are specified in a classified
Schedule of Authorizations prepared to accompany the bill.
Legislative History
H.R. 1892 was introduced by Representative Mike J. Rogers
on May 13, 2011. The bill was referred to the Permanent Select
Committee on Intelligence on May 13, 2011.
On May 26, 2011, the Permanent Select Committee on
Intelligence Committee held a markup on H.R. 1892 and reported
the bill with amendments to the House by voice vote.
FISA SUNSETS EXTENSION ACT OF 2011
(H.R. 1800/S. 990)
Summary
To extend expiring provisions of the USA PATRIOT
Improvement and Reauthorization Act of 2005 relating to access
to business records and roving wiretaps until May 27, 2017, and
to permanently extend a provision of the Intelligence Reform
and Terrorism Prevention Act of 2004 relating to individual
terrorists as agents of foreign powers.
Legislative History
H.R. 1800 was introduced by Representative James
Sensenbrenner on May 6, 2011. The Permanent Select Committee on
Intelligence was discharged from consideration of the bill on
May 18, 2011. Subsequently, similar legislation was contained
in a House Amendment to S. 990 agreed to by voice vote on May
24, 2011, under suspension of the rules. The Senate agreed to
the House Amendment with an amendment on May 26, 2011, by a
yea-nay vote of 72-23. The Senate amendment extended all three
provisions to June 1, 2015. The House agreed to the Senate
amendment on May 26, 2011 by a recorded vote of 250-153. The
President directed his assent to the bill on May 26, 2011, and
S. 990 became Public Law 112-14.
OVERSIGHT PLAN FOR THE 112TH CONGRESS
Clause 2(d) of rule X of the Rules of the House of
Representatives for the 112th Congress requires that each
standing committee in the first session of a Congress adopt an
oversight plan for that Congress and submit the plan to the
Committee on Government Reform and the Committee on House
Administration. Clause 1(d)(1) of Rule XI requires each
committee to submit to the House, not later than the 30th day
after June 1 and December 1, a semiannual report on the
activities of that committee under Rule X, including specific
matters related to the implementation of the oversight plan.
Because the Permanent Select Committee on Intelligence is a
select committee, and not a standing committee, Clause 2(d) of
Rule X does not apply to the committee and an oversight plan
was thus not required. The Committee notes that this exclusion
from providing a public oversight plan is further justified and
necessitated by the classified and sensitive nature of the
oversight activities performed by the Committee.
Clause 2(d)(2)(D) of Rule XI also requires that each
committee provide a delineation of any hearings held pursuant
to clauses 2(n), (o), or (p) of Rule XI. Those clauses require
the committee, or a subcommittee thereof, to hold at least one
hearing on egregious instances of agency waste, fraud, and
abuse, at least one hearing on agency financial statements, and
one hearing on examples of waste, fraud, and abuse raised by
the Comptroller General of the United States.
As part of the Committee's oversight and authorization of
the intelligence community budget, the Committee conducts
numerous classified hearings and briefings that focus on issues
of potential waste, fraud, and abuse in federal agencies. These
Committee efforts resulted in the Intelligence Community
Authorization Act of 2011, which was signed into law on June 8,
2011, and the Intelligence Community Authorization Act of 2012,
which was marked up in Committee on May 26, 2011. Each of these
bills contained a detailed classified annex on all intelligence
community programs and budgets. A review of potential waste,
fraud, and abuse within these programs is an inextricable part
of the development of the classified annex.
APPENDIX I
PART A--COMMITTEE REPORTS
Reports filed by the Permanent Select Committee on
Intelligence with the House:
112-72: To Accompany H.R. 754, a bill to authorize
appropriations for fiscal year 2011 for intelligence and
intelligence-related activities of the United States
Government.
PART B--PUBLIC LAWS
This table lists measures that contained matters within the
jurisdiction of the Permanent Select Committee on Intelligence,
which were enacted into law during the first six months of
112th Congress.
1. [112th] H.R. 754: Intelligence Authorization Act of 2011
Sponsor: Rep. Mike J. Rogers [MI-8] (introduced 2/17/2011)
Latest Major Action: Became Public Law No: 112-18.
2. [112th] H.R. 514: FISA Sunsets Extension Act of 2011
Sponsor: Rep. James Sensenbrenner [WI-5] (introduced 1/21/
2011)
Latest Major Action: Became Public Law No: 112-3
3. [112th] S. 990: FISA Sunsets Extension Act of 2011
(introduced as H.R. 1800 on 5/6/2011)
Last Major Action: Because Public Law No: 112-14
PART C--COMMITTEE HEARINGS AND BRIEFINGS
On Wednesday, February 9, 2011, the Full Committee held a
business meeting on Committee organization and the adoption of
committee rules.
On Thursday, February 10, 2011, the Full Committee held an
open and closed hearing on Worldwide Threats.
On Friday, February 11, 2011, the Full Committee held a
closed briefing.
On Wednesday, February 16, 2011, the Full Committee held a
closed briefing.
On Thursday, February 17, 2011, the Full Committee held a
closed hearing on the FY 2011 Budget Overview.
On Monday, February 28, 2011, the Full Committee held a
closed briefing.
On Thursday, March 3, 2011, the Full Committee held a
closed hearing on ongoing intelligence activities.
On Tuesday, March 8, 2011, the Full Committee held a closed
briefing.
On Thursday, March 10, 2011, the Full Committee held a
business meeting to consider the Intelligence Authorization Act
for FY 2011, which was ordered reported with an amendment.
On Monday, March 14, 2011, the Full Committee held a closed
briefing.
On Thursday, March 17, 2011, the Full Committee held a
closed hearing on intelligence authorities and the Full
Committee also held a closed briefing.
On Tuesday, March 29, 2011, the Full Committee held a
closed hearing entitled, ``Covert Action Update.''
On Monday, April 4, 2011, the Full Committee held a closed
briefing.
On Tuesday, April 5, 2011 the Full Committee held a closed
hearing on the budget focusing on the Central Intelligence
Agency Program (CIAP).
On Thursday, April 7, 2011, the Full Committee held a
closed hearing on the FY 2012 Budget focusing on the National
Reconnaissance Program (NRP) and the National Geospatial
Program (NGP).
On Tuesday, April 12, 2011, the Full Committee held a
closed briefing.
On Wednesday, April 13, 2011, Subcommittee on Terrorism,
HUMINT, Analysis, and Counterintelligence (THACI) held an open
hearing to examine issues relating to the political landscape
in the Middle East.
On Thursday, April 14, 2011, the Full Committee held a
closed hearing on the FY12 Budget, focusing on intelligence-
related activities of the Department of Justice (DoJ) and the
Department of Homeland Security (DHS)
On Tuesday, May 3, 2011, the Full Committee held a closed
hearing on the FY12 Budget, focusing on the Consolidated
Cryptologic Program (CCP).
On Wednesday, May 4, 2011, the Full Committee held a closed
briefing.
On Thursday, May 5, 2011, the Full Committee held a closed
briefing and the Full Committee held a closed hearing on the
FY12 Budget, focusing on the Military Intelligence Program
(MIP) and the General Defense Intelligence Program (GDIP).
On Wednesday, May 11, 2011, the Subcommittee on Terrorism,
HUMINT, Analysis, and Counterintelligence (THACI) held a closed
briefing.
On Monday, May 23, 2011, the Full Committee held a closed
briefing.
On Tuesday, May 24, 2011, the Full Committee held a closed
briefing.
On Thursday, May 26, 2011, the Full Committee held a
business meeting to consider H.R. 1892, the ``Intelligence
Authorization Act for FY 2012'', which was ordered reported,
and held an open session to consider a member access request.
On Tuesday, May 31, 2011, the Full Committee held a closed
briefing.
On Thursday, June 2, 2011, the Full Committee held a closed
hearing on Israel and the Palestinian Authority.
On Monday, June 13, 2011, the Full Committee held a closed
briefing.
On Thursday, June 16, 2011, the Full Committee held a
closed hearing on United States involvement in Libya.
