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109th Congress                                                  S. Prt.
                            COMMITTEE PRINT                     
 1st Session                                                    109-22
_______________________________________________________________________

                                     



                           RULES OF PROCEDURE

                                for the

                    SELECT COMMITTEE ON INTELLIGENCE

                          UNITED STATES SENATE

                        (Adopted June 23, 1976)

                       (Amended October 24, 1990)

                      (Amended February 25, 1993)

                      (Amended February 22, 1995)

                       (Amended January 26, 2005)

                        (Amended March 15, 2005)

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                    SELECT COMMITTEE ON INTELLIGENCE

                     PAT ROBERTS, Kansas, Chairman
          JOHN D. ROCKEFELLER IV, West Virginia, Vice Chairman
ORRIN G. HATCH, Utah                 CARL LEVIN, Michigan
MIKE DeWINE, Ohio                    DIANNE FEINSTEIN, California
CHRISTOPER S. BOND, Missouri         RON WYDEN, Oregon
TRENT LOTT, Mississippi              EVAN BAYH, Indiana
OLYMPIA J. SNOWE, Maine              BARBARA A. MIKULSKI, Maryland
CHUCK HAGEL, Nebraska                JON S. CORZINE, New Jersey
SAXBY CHAMBLISS, Georgia
                   BILL FRIST, Tennessee, ex officio
                     HARRY REID, Nevada, ex officio
                  JOHN W. WARNER, Virginia, ex officio

             Bill Duhnke, Staff Director and Chief Counsel
               Andrew W. Johnson, Minority Staff Director
                    Kathleen P. McGhee, Chief Clerk


                            C O N T E N T S

                              ----------                              
                                                                   Page
Rule 1. Convening of Meetings....................................     1
Rule 2. Meeting procedures.......................................     2
Rule 3. Subcommittees............................................     2
Rule 4. Reporting of measures or recommendations.................     2
Rule 5. Nominations..............................................     3
Rule 6. Investigations...........................................     3
Rule 7. Subpoenas................................................     3
Rule 8. Procedures related to the taking of testimony............     3
Rule 9. Procedures for handling classified or sensitive material.     5
Rule 10. Staff...................................................     7
Rule 11. Preparation for Committee Meetings......................     8
Rule 12. Legislative Calendar....................................     9
Rule 13. Committee travel........................................     9
Rule 14. Changes in rules........................................     9
Appendix A--Senate Resolution 400, 94th Congress, 2d session.....    11
Appendix B--Senate Resolution 9, 94th Congress, 1st session......    18
Appendix C--Senate Resolution 445, 108th Congress, 2nd session...    19

 
                           Rules of Procedure

                                for the

         Select Committee on Intelligence United States Senate

                        (Adopted June 23, 1976)

                        (Amended June 26, 1987)

                       (Amended October 24, 1990)

                      (Amended February 25, 1993)

                      (Amended February 22, 1995)

                       (Amended January 26, 2005)

                        (Amended March 15, 2005)

                     Rule 1. Convening of Meetings

    1.1  The regular meeting day of the Select Committee on 
Intelligence for the transaction of Committee business shall be 
every other Wednesday of each month, unless otherwise directed 
by the Chairman.
    1.2  The Chairman shall have authority, upon notice, to 
call such additional meetings of the Committee as he may deem 
necessary and may delegate such authority to any other member 
of the Committee.
    1.3  A special meeting of the Committee may be called at 
any time upon the written request of five or more members of 
the Committee filed with the Clerk of the Committee.
    1.4  In the case of any meeting of the Committee, other 
than a regularly scheduled meeting, the Clerk of the Committee 
shall notify every member of the Committee of the time and 
place of the meeting and shall give reasonable notice which, 
except in extraordinary circumstances, shall be at least 24 
hours in advance of any meeting held in Washington, D.C. and at 
least 48 hours in the case of any meeting held outside 
Washington, D.C.
    1.5  If five members of the Committee have made a request 
in writing to the Chairman to call a meeting of the Committee, 
and the Chairman fails to call such a meeting within seven 
calendar days thereafter, including the day on which the 
written notice is submitted, these members may call a meeting 
by filing a written notice with the Clerk of the Committee 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 S. Res. 9, 94th Congress, 1st Session.
    2.2  It shall be the duty of the Staff Director to keep or 
cause to be kept a record of all Committee proceedings.
    2.3  The Chairman of the Committee, 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 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 his 
intention to file supplemental, minority, or additional views 
at the time of final Committee approval of a measure or matter, 
shall be entitled to not less than three working days in which 
to file such views, in writing with the Clerk of the Committee. 
Such views shall then be included in the Committee report and 
printed in the same volume, as a part thereof, and their 
inclusion shall be noted on the cover of the report.
    4.4  Routine, non-legislative actions required of the 
Committee may be taken in accordance with procedures that have 
been approved by the Committee pursuant to these Committee 
Rules.

                          Rule 5. Nominations

    5.1  Unless otherwise ordered by the Committee, nominations 
referred to the Committee shall be held for at least 14 days 
before being voted on by the Committee.
    5.2  Each member of the Committee shall be promptly 
furnished a copy of all nominations referred to the Committee.
    5.3  Nominees who are invited to appear before the 
Committee shall be heard in public session, except as provided 
in Rule 2.1.
    5.4  No confirmation hearing shall be held sooner than 
seven days after receipt of the background and financial 
disclosure statement unless the time limit is waived by a 
majority vote of the Committee.
    5.5  The Committee vote on the confirmation shall not be 
sooner than 48 hours after the Committee has received 
transcripts of the confirmation hearing unless the time limit 
is waived by unanimous consent of the Committee.
    5.6  No nomination shall be reported to the Senate unless 
the nominee has filed a background and financial disclosure 
statement with the Committee.

                         Rule 6. Investigations

    No investigation shall be initiated by the Committee unless 
at least five members of the Committee have specifically 
requested the Chairman or the Vice Chairman to authorize such 
an investigation. Authorized investigations may be conducted by 
members of the Committee and/or designated Committee staff 
members.

                           Rule 7. Subpoenas

    Subpoenas authorized by the Committee for the attendance of 
witnesses or the production of memoranda, documents, records or 
any other material may be issued by the Chairman, the Vice 
Chairman, or any member of the Committee designated by the 
Chairman, and may be served by any person designated by the 
Chairman, Vice Chairman or member issuing the subpoenas. Each 
subpoena shall have attached thereto a copy of S. Res. 400, 
94th Congress, 2nd Session and a copy of these Rules.

         Rule 8. Procedures Related to the Taking of Testimony

    8.1  Notice.--Witnesses required to appear before the 
Committee shall be given reasonable notice, and all witnesses 
shall be furnished a copy of these Rules.
    8.2  Oath or Affirmation.--Testimony of witnesses shall be 
given under oath or affirmation which may be administered by 
any member of the Committee.
    8.3  Interrogation.--Committee interrogation shall be 
conducted by members of the Committee and such Committee staff 
as are authorized by the Chairman, the 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 in writing any question he 
wishes propounded to his client or to any other witness and 
may, at the conclusion of his client's testimony, suggest the 
presentation of other evidence or the calling of other 
witnesses. The Committee may use such questions and dispose of 
such suggestions as it deems appropriate.
    8.5  Statements by Witnesses.--A witness may make a 
statement, which shall be brief and relevant, at the beginning 
and conclusion of his or her testimony. Such statements shall 
not exceed a reasonable period of time as determined by the 
Chairman, or other presiding members. Any witness desiring to 
make a prepared or written statement for the record of the 
proceedings shall file a copy with the Clerk of the Committee, 
and insofar as practicable and consistent with the notice 
given, shall do so at least 72 hours in advance of his or her 
appearance before the Committee.
    8.6  Objections and Rulings.--Any objection raised by a 
witness or counsel shall be ruled upon 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, those parts of testimony given by a witness in 
executive session which are subsequently quoted or made part of 
a public record shall be made available to that witness at his 
or her expense.
    8.8  Requests To Testify.--The Committee will consider 
requests to testify on any matter or measure pending before the 
Committee. A person who believes that testimony or other 
evidence 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 his or her reputation, may request to 
appear personally before the Committee to testify on his or her 
own behalf, or may file a sworn statement of 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 shall be forwarded to the 
Senate unless and until the Committee has, upon notice to all 
its members, met and considered the alleged contempt, afforded 
the person an opportunity to state in writing or in person why 
he or she should not be held in contempt, and agreed, by 
majority vote of the Committee, to forward such recommendation 
to the Senate.
    8.10  Release of Name of Witness.--Unless authorized by the 
Chairman, the name of any witness scheduled to be heard by the 
Committee shall not be released prior to, or after, his or her 
appearance before the Committee. 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 9.6.

    Rule 9. Procedures for Handling Classified or Sensitive Material

    9.1  Committee staff offices shall operate under strict 
precautions. At least one security guard shall be on duty at 
all times by the entrance to control entry. Before entering the 
office all persons shall identify themselves.
    9.2  Sensitive or classified documents and material shall 
be segregated in a secure storage area. They may be examined 
only at secure reading facilities. Copying, duplicating, or 
removal from the Committee offices of such documents and other 
materials is prohibited except as is necessary for use in, or 
preparation for, interviews or Committee meetings, including 
the taking of testimony, and in conformity with Section 10.3 
hereof. All documents or materials removed from the Committee 
offices for such authorized purposes must be returned to the 
Committee's secure storage area for overnight storage.
    9.3  Each member of the Committee shall at all times have 
access to all papers and other material received from any 
source. The Staff Director shall be responsible for the 
maintenance, under appropriate security procedures, of a 
registry which will number and identify all classified papers 
and other classified materials in the possession of the 
Committee, and such registry shall be available to any member 
of the Committee.
    9.4  Whenever the Select Committee on Intelligence makes 
classified material available to any other Committee of the 
Senate or to any Member of the Senate not a member of the 
Committee, such material shall be accompanied by a verbal or 
written notice to the recipients advising of their 
responsibility to protect such material pursuant to Section 8 
of S. Res. 400 of the 94th Congress. The Clerk of the Committee 
shall ensure that such notice is provided and shall maintain a 
written record identifying the particular information 
transmitted and the Committee or members of the Senate 
receiving such information.
    9.5  Access to classified information supplied to the 
Committee shall be limited to those Committee staff members 
with appropriate security clearance and a need-to-know, as 
determined by the Committee, and, under the Committee's 
direction, the Staff Director and Minority Staff Director.
    9.6  No member of the Committee or of the Committee staff 
shall disclose, in whole or in part or by way of summary, to 
any person not a member of the Committee or the Committee staff 
for any purpose or in connection with any proceeding, judicial 
or otherwise, any testimony given before the Committee in 
executive session including the name of any witness who 
appeared or was called to appear before the Committee in 
executive session, or the contents of any papers or materials 
or other information received by the Committee except as 
authorized herein, or otherwise as authorized by the Committee 
in accordance with Section 8 of S. Res. 400 of the 94th 
Congress and the provisions of these rules, or in the event of 
the termination of the Committee, in such a manner as may be 
determined by the Senate. For purposes of this paragraph, 
members and staff of the Committee may disclose classified 
information in the possession of the Committee only to persons 
with appropriate security clearances who have a need-to-know 
such information for an official governmental purpose related 
to the work of the Committee. Information discussed in 
executive sessions of the Committee and information contained 
in papers and materials which are not classified but which are 
controlled by the Committee may be disclosed only to persons 
outside the Committee who have a need-to-know such information 
for an official governmental purpose related to the work of the 
Committee and only if such disclosure has been authorized by 
the Chairman and Vice Chairman of the Committee, or by the 
Staff Director and Minority Staff Director, acting on their 
behalf.
    9.7  Failure to abide by Rule 9.6 shall constitute grounds 
for referral to the Select Committee on Ethics pursuant to 
Section 8 of S. Res. 400. 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.
    9.8  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.
    9.9  Attendance of persons outside the Committee at closed 
meetings of the Committee shall be kept at a minimum and shall 
be limited to persons with appropriate security clearance and a 
need-to-know the information under consideration for the 
execution of their official duties. Notes taken at such 
meetings by any person in attendance shall be returned to the 
secure storage area in the Committee's offices at the 
conclusion of such meetings, and may be made available to the 
department, agency, office, Committee or entity concerned only 
in accordance with the security procedures of the Committee.

                             Rule 10. Staff

    10.1  For purposes of these rules, Committee staff includes 
employees of the Committee, consultants to the Committee, or 
any other person engaged by contract or otherwise to perform 
services for or at the request of the Committee. To the maximum 
extent practicable, the Committee shall rely on its full-time 
employees to perform all staff functions. No individual may be 
retained as staff of the Committee or to perform services for 
the Committee unless that individual holds appropriate security 
clearances.
    10.2  The appointment of Committee staff shall be confirmed 
by a majority vote of the Committee. After confirmation, the 
Chairman shall certify Committee staff appointments to the 
Financial Clerk of the Senate in writing. No Committee staff 
shall be given access to any classified information or regular 
access to the Committee offices, until such Committee staff has 
received an appropriate security clearance as described in 
Section 6 of 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 Committee staff shall be 
performed, and Committee staff personnel affairs and day- to-
day operations, including security and control of classified 
documents and materials, 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.
    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 non-disclosure agreement promulgated 
by the Senate Select Committee on Intelligence, pursuant to 
Section 6 of S. Res 400 of the 94th Congress, 2d Session, and 
to abide by the Committee's code of conduct.
    10.7  No member of the Committee staff shall be employed by 
the Committee unless and until such a member of the Committee 
staff agrees in writing, as a condition of employment, to 
notify the Committee, or in the event of the Committee's 
termination the Senate, of any request for his or her 
testimony, either during his or her tenure as a member of the 
Committee staff or at any time thereafter with respect to 
information which came into his or her possession by virtue of 
his or her position as a member of the Committee staff. Such 
information shall not be disclosed in response to such requests 
except as directed by the Committee in accordance with Section 
8 of S. Res. 400 of the 94th Congress and the provisions of 
these rules, or in the event of the termination of the 
Committee, in such manner as may be determined by the Senate.
    10.8  The Committee shall immediately consider action to be 
taken in the case of any member of the Committee staff who 
fails to conform to any of these Rules. Such disciplinary 
action may include, but shall not be limited to, immediate 
dismissal from the Committee staff.
    10.9  Within the Committee staff shall be an element with 
the capability to perform audits of programs and activities 
undertaken by departments and agencies with intelligence 
functions. Such element shall be comprised of persons qualified 
by training and/or experience to carry out such functions in 
accordance with accepted auditing standards.
    10.10  The workplace of the Committee shall be free from 
illegal use, possession, sale or distribution of controlled 
substances by its employees. Any violation of such policy by 
any member of the Committee staff shall be grounds for 
termination of employment. Further, any illegal use of 
controlled substances by a member of the Committee staff, 
within the workplace or otherwise, shall result in 
reconsideration of the security clearance of any such staff 
member and may constitute grounds for termination of employment 
with the Committee.
    10.11  In accordance with Title III of the Civil Rights Act 
of 1991 (P.L. 102-166), all personnel actions affecting the 
staff of the Committee shall be made free from any 
discrimination based on race, color, religion, sex, national 
origin, age, handicap or disability.

              Rule 11. Preparation for Committee Meetings

    11.1  Under direction of the Chairman and the Vice 
Chairman, designated Committee staff members shall brief 
members of the Committee at a time sufficiently prior to any 
Committee meeting to assist the Committee members in 
preparation for such meeting and to determine any matter which 
the Committee member might wish considered during the meeting. 
Such briefing shall, at the request of a member, include a list 
of all pertinent papers and other materials that have been 
obtained by the Committee that bear on matters to be considered 
at the meeting.
    11.2  The Staff Director shall recommend to the Chairman 
and the Vice Chairman the testimony, papers, and other 
materials to be presented to the Committee at any meeting. The 
determination whether such testimony, papers, and other 
materials shall be presented in open or executive session shall 
be made pursuant to the Rules of the Senate and Rules of the 
Committee.
    11.3  The Staff Director shall ensure that covert action 
programs of the U.S. Government receive appropriate 
consideration by the Committee no less frequently than once a 
quarter.

                     Rule 12. Legislative Calendar

    12.1  The Clerk of the Committee shall maintain a printed 
calendar for the information of each Committee member showing 
the measures introduced and referred to the Committee and the 
status of such measures; nominations referred to the Committee 
and their status; and such other matters as the Committee 
determines shall be included. The Calendar shall be revised 
from time to time to show pertinent changes. A copy of each 
such revision shall be furnished to each member of the 
Committee.
    12.2  Unless otherwise ordered, measures referred to the 
Committee shall be referred by the Clerk of the Committee to 
the appropriate department or agency of the Government for 
reports thereon.

                       Rule 13. Committee Travel

    13.1  No member of the Committee or Committee staff shall 
travel abroad on Committee business unless specifically 
authorized by the Chairman and Vice Chairman. Requests for 
authorization of such travel shall state the purpose and extent 
of the trip. A full report shall be filed with the Committee 
when travel is completed.
    13.2  When the Chairman and the Vice Chairman approve the 
foreign travel of a member of the Committee staff not 
accompanying a member of the Committee, all members of the 
Committee are to be advised, prior to the commencement of such 
travel, of its extent, nature and purpose. The report referred 
to in Rule 13.1 shall be furnished to all members of the 
Committee and shall not be otherwise disseminated without the 
express authorization of the Committee pursuant to the Rules of 
the Committee.
    13.3  No member of the Committee staff shall travel within 
this country on Committee business unless specifically 
authorized by the Staff Director as directed by the Committee.

                       Rule 14. Changes in Rules

    These Rules may be modified, amended, or repealed by the 
Committee, provided that a notice in writing of the proposed 
change has been given to each member at least 48 hours prior to 
the meeting at which action thereon is to be taken.
                             APPENDIX A\1\
---------------------------------------------------------------------------

    \1\ Text shown is as amended by S. Res. 445, 108th Cong., 2d Sess. 
(Oct. 9, 2004) (Appendix C).
---------------------------------------------------------------------------

                       94th Congress, 2d Session

                              S. RES. 400

                          [Report No. 94-675]

                          [Report No. 94-770]

                   IN THE SENATE OF THE UNITED STATES

                             March 1, 1976

 Mr. Mansfield (for Mr. Ribicoff) (for himself, Mr. Church, Mr. Percy, 
   Mr. Baker, Mr. Brock, Mr. Chiles, Mr. Glenn, Mr. Huddleston, Mr. 
Jackson, Mr. Javits, Mr. Mathias, Mr. Metcalf, Mr. Mondale, Mr. Morgan, 
    Mr. Muskie, Mr. Nunn, Mr. Roth, Mr. Schweiker, and Mr. Weicker) 
submitted the following resolution; which was referred to the Committee 
                       on Government Operations.

                              May 19, 1976

                   Considered, amended, and agreed to

                               RESOLUTION

 To establish a Standing Committee of the Senate on Intelligence, and 
                          for other purposes.
    Resolved, That it is the purpose of this resolution to establish a 
new select committee of the Senate, to be known as the Select Committee 
on Intelligence, to oversee and make continuing studies of the 
intelligence activities and programs of the United States Government, 
and to submit to the Senate appropriate proposals for legislation and 
report to the Senate concerning such intelligence activities and 
programs. In carrying out this purpose, the Select Committee on 
Intelligence shall make every effort to assure that the appropriate 
departments and agencies of the United States provide informed and 
timely intelligence necessary for the Executive and Legislative 
branches to make sound decisions affecting the security and vital 
interests of the Nation. It is further the purpose of this resolution 
to provide vigilant legislative oversight over the intelligence 
activities of the United States to assure that such activities are in 
conformity with the Constitution and laws of the United States.
    Sec. 2. (a)(1) There is hereby established a select committee to be 
known as the Select Committee on Intelligence (hereinafter in this 
resolution referred to as the ``select committee''). The select 
committee shall be composed of 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 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 the 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 Central Intelligence Agency and the Director of 
        Central Intelligence.
          (2) Intelligence activities of all other departments and 
        agencies of the Government, including, but not limited to, the 
        intelligence activities of the Defense Intelligence Agency, the 
        National Security 1Agency, and other agencies of the Department 
        of Defense; the Department of State; the Department of Justice; 
        and the Department of the Treasury.
          (3) The organization or reorganization of any department or 
        agency of the Government to the extent that the organization or 
        reorganization relates to a function or activity involving 
        intelligence activities.
          (4) Authorizations for appropriations, both direct and 
        indirect, for the following:
                  (A) The Central Intelligence Agency and Director of 
                Central Intelligence.
                  (B) The Defense Intelligence Agency.
                  (C) The National Security Agency.
                  (D) The intelligence activities of other agencies and 
                subdivisions of the Department of Defense.
                  (E) The intelligence activities of the Department of 
                State.
                  (F) The intelligence activities of the Federal Bureau 
                of Investigation, including all activities of the 
                Intelligence Division.
                  (G) Any department, agency, or subdivision which is 
                the successor to any agency named in clause (A), (B), 
                or (C); and the activities of any department, agency, 
                or subdivision which is the successor to any 
                department, agency, bureau, or subdivision named in 
                clause (D), (E), or (F) to the extent that the 
                activities of such successor department, agency, or 
                subdivision are activities described in clause (D), 
                (E), or (F).
    (b)(1) Any proposed legislation reported by the select Committee 
except any legislation involving matters specified in clause (1) or 
(4)(A) of subsection (a), containing any matter otherwise within the 
jurisdiction of any standing committee shall, at the request of the 
chairman of such standing committee, be referred to such standing 
committee for its consideration of such matter and be reported to the 
Senate by such standing committee within 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 the\2\ session.
---------------------------------------------------------------------------
    \2\ So in original.
---------------------------------------------------------------------------
    (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 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 service 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]\3\) and of such 
committee as to the security of such information during and after the 
period of his employment or contractual agreement with such committee; 
and (2) received an appropriate security clearance as determined by 
such committee in consultation with the Director of Central 
Intelligence. The type of security clearance to be required in the case 
of any such employee or person shall, within the determination of such 
committee in consultation with the Director of Central Intelligence, be 
commensurate with the sensitivity of the classified information to 
which such employee or person will be given access by such committee.
---------------------------------------------------------------------------
    \3\ The text originally referenced the ``Select Committee on 
Standards and Conduct.'' The Committee was renamed the Select Committee 
on Ethics by S. Res. 4, 95th Cong., 1st Sess. (Feb. 4, 1997).
---------------------------------------------------------------------------
    Sec. 7. The select committee shall formulate and carry out such 
rules and procedures as it deems necessary to prevent the disclosure, 
without the consent of the person or persons concerned, of information 
in the possession of such committee which unduly infringes upon the 
privacy or which violates the constitutional rights of such person or 
persons. Nothing herein shall be construed to prevent such committee 
from publicly disclosing any such information in any case in which such 
committee determines the national interest in the disclosure of such 
information clearly outweighs any infringement on the privacy of any 
person or persons.
    Sec. 8. (a) The select committee may, subject to the provisions of 
this section, disclose publicly any information in the possession of 
such committee after a determination by such committee that the public 
interest would be served by such disclosure. Whenever committee action 
is required to disclose any information under this section, the 
committee shall meet to vote on the matter within five days after any 
member of the committee requests such a vote. No member of the select 
committee shall disclose any information, the disclosure of which 
requires a committee vote, prior to a vote by the committee on the 
question of the disclosure of such information or after such vote 
except in accordance with this section.
    (b)(1) In any case in which the select committee votes to disclose 
publicly any information which has been classified under established 
security procedures, which has been submitted to it by the Executive 
branch, and which the Executive branch requests be kept secret, such 
committee shall--
          (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 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 reason 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 mater 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 or 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 Government 
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 Central Intelligence Agency and the 
        Director of Central Intelligence.
          (2) The activities of the Defense Intelligence Agency.
          (3) The activities of the National Security Agency.
          (4) The intelligence activities of other agencies and 
        subdivisions of the Department of Defense.
          (5) The intelligence activities of the Department of State.
          (6) The intelligence activities of the Federal Bureau of 
        Investigation, including all activities of the Intelligence 
        Division.
    Sec. 13. (a) The select committee shall make a study with respect 
to the following matters, taking into consideration with respect to 
each such matter, all relevant aspects of the effectiveness of 
planning, gathering, use, security, and dissemination of intelligence:
          (1) the quality of the analytical capabilities of United 
        States foreign intelligence agencies and means for integrating 
        more closely analytical intelligence and policy formulation;
          (2) the extent and nature of the authority of the departments 
        and agencies of the Executive branch to engage in intelligence 
        activities and the desirability of developing charters for each 
        intelligence agency or department;
          (3) the organization of intelligence activities in the 
        Executive branch to maximize the effectiveness of the conduct, 
        oversight, and accountability of intelligence activities; to 
        reduce duplication or overlap; and to improve the morale of the 
        personnel of the foreign intelligence agencies;
          (4) the conduct of covert and clandestine activities and the 
        procedures by which Congress is informed of such activities;
          (5) the desirability of changing any law, Senate rule or 
        procedure, or any Executive order, rule, or regulation to 
        improve the protection of intelligence secrets and provide for 
        disclosure of information for which there is no compelling 
        reason for secrecy;
          (6) the desirability of establishing a standing committee of 
        the Senate on intelligence activities;
          (7) the desirability of establishing a joint committee of the 
        Senate and the House of Representatives on intelligence 
        activities in lieu of having separate committees in each House 
        of Congress, or of establishing procedures under which separate 
        committees on intelligence activities of the two Houses of 
        Congress would receive joint briefings from the intelligence 
        agencies and coordinate their policies with respect to the 
        safeguarding or 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 more 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) 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.
    (b) 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.

                               APPENDIX B

                       94th Congress, 1st Session

                               S. RES. 9

                   IN THE SENATE OF THE UNITED STATES

                            January 15, 1975

 Mr. Chiles (for himself, Mr. Roth, Mr. Biden, Mr. Brock, Mr. Church, 
Mr. Clark, Mr. Cranston, Mr. Hatfield, Mr. Hathaway, Mr. Humphrey, Mr. 
   Javits, Mr. Johnston, Mr. McGovern, Mr. Metcalf, Mr. Mondale, Mr. 
   Muskie, Mr. Packwood, Mr. Percy, Mr. Proxmire, Mr. Stafford, Mr. 
 Stevenson, Mr. Taft, Mr. Weicker, Mr. Bumpers, Mr. Stone, Mr. Culver, 
    Mr. Ford, Mr. Hart of Colorado, Mr. Laxalt, Mr. Nelson, and Mr. 
Haskell) introduced the following resolution; which was read twice and 
         referred to the Committee on Rules and Administration.

                               RESOLUTION

  Amending the rules of the Senate relating to open committee meetings
    Resolved, That paragraph 7(b) of rule XXV of the Standing rules of 
the Senate is amended to read as follows:
    ``(b) Each meeting of a standing, select, or special committee of 
the Senate, or any subcommittee thereof, including meetings to conduct 
hearings, shall be open to the public, except that a portion or 
portions of any such meetings may be closed to the public if the 
committee or subcommittee, as the case may be, determines by record 
vote of a majority of the members of the committee or subcommittee 
present that the matters be discussed or the testimony to be taken at 
such portion or portions--
          ``(1) will disclose matters necessary to be kept secret in 
        the interests of national defense or the confidential conduct 
        of the foreign relations of the United States;
          ``(2) will relate solely to matters of committee staff 
        personnel or internal staff management or procedure;
          ``(3) will tend to charge an individual with crime or 
        misconduct, to disgrace or injure the professional standing of 
        an individual, or otherwise to expose an individual to public 
        contempt or obloquy, or will represent a clearly unwarranted 
        invasion of the privacy of an individual;
          ``(4) will disclose the identity of any informer or law 
        enforcement agency or will disclose any information relating to 
        the investigation or prosecution of a criminal offense that is 
        required to be kept secret in the interests of effective law 
        enforcement; or
          ``(5) will disclose information relating to the trade secrets 
        or financial or commercial information pertaining specifically 
        to a given person if--
                  ``(A) an Act of Congress requires the information to 
                be kept confidential by Government officers and 
                employees; or
                  ``(B) the information has been obtained by the 
                Government on a confidential basis, other than through 
                an application by such person for a specific Government 
                financial or other benefit, and is required to be kept 
                secret in order to prevent undue injury to the 
                competitive position of such persons.
    Whenever any hearing conducted by any such committee or 
subcommittee is open to the public, that hearing may be broadcast by 
radio or television, or both, under such rules as the committee or 
subcommittee may adopt.''
    Sec. 2. Section 133A(b) of the Legislative Reorganization Act of 
1946, section 242(a) of the Legislative Reorganization Act of 1970, and 
section 102(d) and (e) of the Congressional Budget Act of 1974 are 
repealed.

                               APPENDIX C

                       108th Congress, 2d Session

                              S. RES. 445

                   IN THE SENATE OF THE UNITED STATES

                            October 1, 2004

Mr. Lott submitted the following resolution; which was referred to the 
                 Committee on Rules and Administration.

                            October 5, 2004

                Reported by Mr. Lott, without amendment

                            October 9, 2004

                   Considered, amended, and agreed to

                               RESOLUTION

To eliminate certain restrictions on service of a Senator on the Senate 
                   Select Committee on Intelligence.

    Resolved,

SEC. 100. PURPOSE.

    It is the purpose of titles I through V of this resolution to 
improve the effectiveness of the Senate Select Committee on 
Intelligence, especially with regard to its oversight of the 
Intelligence Community of the United States Government, and to improve 
the Senate's oversight of homeland security.

              TITLE I--HOMELAND SECURITY OVERSIGHT REFORM

SEC. 101. HOMELAND SECURITY.

    (a) Committee on Homeland Security and Government Affairs.--The 
Committee on Governmental Affairs is renamed as the Committee on 
Homeland Security and Governmental Affairs.
    (b) Jurisdiction.--There shall be referred to the committee all 
proposed legislation, messages, petitions, memorials, and other matters 
relating to the following subjects:
          (1) Department of Homeland Security, except matters relating 
        to--
                  (A) the Coast Guard, the Transportation Security 
                Administration, the Federal Law Enforcement Training 
                Center or the Secret Service; and
                  (B)(i) the United States Citizenship and Immigration 
                Service; or
                  (ii) the immigration functions of the United States 
                Customs and Border Protection or the United States 
                Immigration and Custom Enforcement or the Directorate 
                of Border and Transportation Security; and
                  (C) the following functions performed by any employee 
                of the Department of Homeland Security--
                          (i) any customs revenue function including 
                        any function provided for in section 415 of the 
                        Homeland Security Act of 2002 (Public Law 107-
                        296);
                        (ii) any commercial function or commercial 
                        operation of the Bureau of Customs and Border 
                        Protection or Bureau of Immigration and Customs 
                        Enforcement, including matters relating to 
                        trade facilitation and trade regulation; or
                        (iii) any other function related to clause (i) 
                        or (ii) that was exercised by the United States 
                        Customs Service on the day before the effective 
                        date of the Homeland Security Act of 2002 
                        (Public Law 107-296).
    The jurisdiction of the Committee on Homeland Security and 
Governmental Affairs in this paragraph shall supersede the jurisdiction 
of any other committee of the Senate provided in the rules of the 
Senate: Provided, That the jurisdiction provided under section 
101(b)(1) shall not include the National Flood Insurance Act of 1968, 
or functions of the Federal Emergency Management Agency related 
thereto.
          (2) Archives of the United States.
          (3) Budget and accounting measures, other than 
        appropriations, except as provided in the Congressional Budget 
        Act of 1974.
          (4) Census and collection of statistics, including economic 
        and social statistics.
          (5) Congressional organization, except for any part of the 
        matter that amends the rules or orders of the Senate.
          (6) Federal Civil Service.
          (7) Government information.
          (8) Intergovernmental relations.
          (9) Municipal affairs of the District of Columbia, except 
        appropriations therefor.
          (10) Organization and management of United States nuclear 
        export policy.
          (11) Organization and reorganization of the executive branch 
        of the Government.
          (12) Postal Service.
          (13) Status of officers and employees of the United States, 
        including their classification, compensation, and benefits.
    (c) Additional Duties.--The committee shall have the duty of--
          (1) receiving and examining reports of the Comptroller 
        General of the United States and of submitting such 
        recommendations to the Senate as it deems necessary or 
        desirable in connection with the subject matter of such 
        reports;
          (2) studying the efficiency, economy, and effectiveness of 
        all agencies and departments of the Government;
          (3) evaluating the effects of laws enacted to reorganize the 
        legislative and executive branches of the Government; and
          (4) studying the intergovernmental relationships between the 
        United States and the States and municipalities, and between 
        the United States and international organizations of which the 
        United States is a member.
    (d) Jurisdiction of Budget Committee.--Notwithstanding paragraph 
(b)(3) of this section, and except as otherwise provided in the 
Congressional Budget Act of 1974, the Committee on the Budget shall 
have exclusive jurisdiction over measures affecting the congressional 
budget process, which are--
          (1) the functions, duties, and powers of the Budget 
        Committee;
          (2) the functions, duties, and powers of the Congressional 
        Budget Office;
          (3) the process by which Congress annually establishes the 
        appropriate levels of budget authority, outlays, revenues, 
        deficits or surpluses, and public debt-including subdivisions 
        thereof--and including the establishment of mandatory ceilings 
        on spending and appropriations, a floor on revenues, timetables 
        for congressional action on concurrent resolutions, on the 
        reporting of authorization bills, and on the enactment of 
        appropriation bills, and enforcement mechanisms for budgetary 
        limits and timetables;
          (4) the limiting of backdoor spending devices;
          (5) the timetables for Presidential submission of 
        appropriations and authorization requests;
          (6) the definitions of what constitutes impoundment-such as 
        ``rescissions'' and ``deferrals'';
          (7) the process and determination by which impoundments must 
        be reported to and considered by Congress;
          (8) the mechanisms to insure Executive compliance with the 
        provisions of the Impoundment Control Act, title X--such as GAO 
        review and lawsuits; and
          (9) the provisions which affect the content or determination 
        of amounts included in or excluded from the congressional 
        budget or the calculation of such amounts, including the 
        definition of terms provided by the Budget Act.
    (e) OMB Nominees.--The committee on the Budget and the Committee on 
Homeland Security and Governmental Affairs shall have joint 
jurisdiction over the nominations of persons nominated by the President 
to fill the positions of Director and Deputy Director for Budget within 
the Office of Management and Budget, and if one committee votes to 
order reported such a nomination, the other must report within 30 
calendar days session, or be automatically discharged.

                TITLE II--INTELLIGENCE OVERSIGHT REFORM

SEC. 201. INTELLIGENCE OVERSIGHT.

    (a) Committee on Armed Services Membership.--Section 2(a)(3) of 
Senate Resolution 400, agreed to May 19, 1976 (94th Congress) (referred 
to in this section as ``S. Res. 400'') is amended by--
          (1) inserting ``(A)'' after ``(3)''; and
          (2) inserting at the end the following:
    ``(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) Number of Members.--Section 2(a) of S. Res. 400 is amended--
          (1) in paragraph (1), by inserting ``not to exceed'' before 
        ``fifteen members'';
          (2) in paragraph (1)(E), by inserting ``not to exceed'' 
        before ``seven''; and
          (3) in paragraph (2), by striking the second sentence and 
        inserting ``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''.
    (c) Elimination of Term Limits.--Section 2 of Senate Resolution 
400, 94th Congress, agreed to May 19, 1976, is amended by striking 
subsection (b) and by redesignating subsection (c) as subsection (b).
    (d) Appointment of Chairman and Vice Chairman.--Section 2(b) of S. 
Res 400, as redesignated by subsection (c) of this section, is amended 
by striking the first sentence and inserting the following: ``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.''.
    (e) Subcommittees.--Section 2 of S. Res. 400, as amended by 
subsections (a) through (d), is amended by adding at the end of the 
following:
    ``(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.''.
    (f) Reports.--Section 4(a) of S. Res 400 is amended by inserting 
``, but not less than quarterly,'' after ``periodic''.
    (g) Staff.--Section 15 of S. Res. 400 is amended to read as 
follows:
    ``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.''.
    (h) Nominees.--S. Res. 400 is amended by adding at the end the 
following:
    ``Sec. 17. (a) 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.
    ``(b) 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.''.
    (i) Jurisdiction.--Section 3(b) of S. Res. 400 is amended to read 
as follows:
    ``(b)(1) Any proposed legislation reported by the select Committee 
except any legislation involving matters specified in clause (1) or 
(4)(A) of subsection (a), containing any matter otherwise within the 
jurisdiction of any standing committee shall, at the request of the 
chairman of such standing committee, be referred to such standing 
committee for its consideration of such matter and be reported to the 
Senate by such standing committee within 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 the \1\ session.
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    \1\ So in original.
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    ``(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.''.
    (j) Public Disclosure.--Section 8 of S. Res 400 is amended--
          (1) in subsection (b)--
                  (A) in paragraph (1), by striking ``shall notify the 
                President of such vote'' and inserting ``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.'';
                  (B) in paragraph (2), by striking ``transmitted to 
                the President'' and inserting ``transmitted to the 
                Majority Leader and the Minority Leader and the 
                President''; and
                  (C) by amending paragraph (3) to read as follows:
          ``(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.''.

                      TITLE III--COMMITTEE STATUS

SEC. 301. COMMITTEE STATUS.

    (a) Homeland Security.--The Committee on Homeland Security and 
Governmental Affairs shall be treated as the Committee on Governmental 
Affairs listed under paragraph 2 of rule XXV of the Standing Rules of 
the Senate for purposes of the Standing Rules of the Senate.
    (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.

                        TITLE V--EFFECTIVE DATE

SEC. 501. EFFECTIVE DATE.

    This resolution shall take effect on the convening of the 109th 
Congress.
    Attest:
                                                         Secretary.