Congressional Record: March 1, 2007 (Senate)
Page S2482-S2484
SELECT COMMITTEE ON INTELLIGENCE RULES OF PROCEDURE
Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the
Rules of Procedure of the Select Committee on Intelligence be printed
in the Record pursuant to paragraph 2 of rule XXVI of the Standing
Rules of the Senate.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Rules of Procedure of the Select Committee on Intelligence
rule 1. convening of meetings
1.1. The regular meeting day of the Select Committee on
Intelligence for the transaction of Committee business shall
be every other 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 paragraph 5(b) of Rule XXVI of the
Standing Rules of the Senate.
2.2. It shall be the duty of the Staff Director to keep or
cause to be kept a record of all Committee proceedings.
2.3. The Chairman of the Committee, or if the Chairman is
not present the Vice Chairman, shall preside over all
meetings of the Committee. In the absence of the Chairman and
the Vice Chairman at any meeting, the ranking majority
member, or if no majority member is present the ranking
minority member present, shall preside.
2.4. Except as otherwise provided in these Rules, decisions
of the Committee shall be by a majority vote of the members
present and voting. A quorum for the transaction of Committee
business, including the conduct of executive sessions, shall
consist of no less than one third of the Committee members,
except that for the purpose of hearing witnesses, taking
sworn testimony, and receiving evidence under oath, a quorum
may consist of one Senator.
2.5. A vote by any member of the Committee with respect to
any measure or matter being considered by the Committee may
be cast by proxy if the proxy authorization (1) is in
writing; (2) designates the member of the Committee who is to
exercise the proxy; and (3) is limited to a specific measure
or matter and any amendments pertaining thereto. Proxies
shall not be considered for the establishment of a quorum.
2.6. Whenever the Committee by roll call vote reports any
measure or matter, the report of the Committee upon such
measure or matter shall include a tabulation of the votes
cast in favor of and the votes cast in opposition to such
measure or matter by each member of the Committee.
rule 3. subcommittees
Creation of subcommittees shall be by majority vote of the
Committee. Subcommittees shall deal with such legislation and
oversight of programs and policies as the Committee may
direct. The subcommittees shall be governed by the Rules of
the Committee and by such other rules they may adopt which
are consistent with the Rules of the Committee. Each
subcommittee created shall have a chairman and a vice
chairman who are selected by the Chairman and Vice Chairman,
respectively.
rule 4. reporting of measures or recommendations
4.1. No measures or recommendations shall be reported,
favorably or unfavorably, from the Committee unless a
majority of the Committee is actually present and a majority
concur.
4.2. In any case in which the Committee is unable to reach
a unanimous decision, separate views or reports may be
presented by any member or members of the Committee.
4.3. A member of the Committee who gives notice of 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 of
the 94th Congress, and a copy of these rules.
rule 8. procedures related to the taking of testimony
8.1. Notice.--Witnesses required to appear before the
Committee shall be given reasonable notice and all witnesses
shall be furnished a copy of these Rules.
8.2. Oath or Affirmation.--At the direction of the Chairman
or Vice Chairman, testimony of witnesses shall be given under
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oath or affirmation which may be administered by any member
of the Committee.
8.3. Interrogation.--Committee interrogation shall be
conducted by members of the Committee and such Committee
staff as are authorized by the Chairman, Vice Chairman, or
the presiding member.
8.4. Counsel for the Witness.--(a) Any witness may be
accompanied by counsel. A witness who is unable to obtain
counsel may inform the Committee of such fact. If the witness
informs the Committee of this fact at least 24 hours prior to
his or her appearance before the Committee, the Committee
shall then endeavor to obtain voluntary counsel for the
witness. Failure to obtain such counsel will not excuse the
witness from appearing and testifying.
(b) Counsel shall conduct themselves in an ethical and
professional manner. Failure to do so shall, upon a finding
to that effect by a majority of the members present, subject
such counsel to disciplinary action which may include
warning, censure, removal, or a recommendation of contempt
proceedings.
(c) There shall be no direct or cross-examination by
counsel. However, counsel may submit 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 required or desiring to make a prepared or written
statement for the record of the proceedings shall file a
paper and electronic copy with the Clerk of the Committee,
and insofar as practicable and consistent with the notice
given, shall do so at least 48 hours in advance of his or her
appearance before the Committee.
8.6. Objections and Rulings.--Any objection raised by a
witness or counsel shall be ruled upon by the Chairman or
other presiding member, and such ruling shall be the ruling
of the Committee unless a majority of the Committee present
overrules the ruling of the chair.
8.7. Inspection and Correction.--All witnesses testifying
before the Committee shall be given a reasonable opportunity
to inspect, in the office of the Committee, the transcript of
their testimony to determine whether such testimony was
correctly transcribed. The witness may be accompanied by
counsel. Any corrections the witness desires to make in the
transcript shall be submitted in writing to the Committee
within five days from the date when the transcript was made
available to the witness. Corrections shall be limited to
grammar and minor editing, and may not be made to change the
substance of the testimony. Any questions arising with
respect to such corrections shall be decided by the Chairman.
Upon request, 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 or that a subpoena be
otherwise enforced shall be forwarded to the Senate unless
and until the Committee has, upon notice to all its members,
met and considered the recommendation, afforded the person an
opportunity to state in writing or in person why he or she
should not be held in contempt or that the subpoena be
otherwise enforced, 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 9.7.
rule 9. procedures for handling classified or committee sensitive
material
9.1. Committee staff offices shall operate under strict
precautions. At least one United States Capitol Police
Officer shall be on duty at all times at the entrance of the
Committee to control entry. Before entering the Committee
office space all persons shall identify themselves and
provide identification as requested.
9.2. Classified documents and material shall be stored in
authorized security containers located within the Committee's
Sensitive Compartmented Information Facility (SCIF). Copying,
duplicating, or removing from the Committee offices of such
documents and other materials is prohibited except as is
necessary for the conduct of Committee business, and in
conformity with Rule 10.3 hereof. All classified documents or
materials removed from the Committee offices for such
authorized purposes must be returned to the Committee's SCIF
for overnight storage.
9.3. ``Committee sensitive'' means information or material
that pertains to the confidential business or proceedings of
the Select Committee on Intelligence, within the meaning of
paragraph 5 of Rule XXIX of the Standing Rules of the Senate,
and is: (1) in the possession or under the control of the
Committee; (2) discussed or presented in an executive session
of the Committee; (3) the work product of a Committee member
or staff member; (4) properly identified or marked by a
Committee member or staff member who authored the document;
or (5) designated as such by the Chairman and Vice Chairman
(or by the Staff Director and Minority Staff Director acting
on their behalf). Committee sensitive documents and materials
that are classified shall be handled in the same manner as
classified documents and material in Rule 9.2. Unclassified
committee sensitive documents and materials shall be stored
in a manner to protect against unauthorized disclosure.
9.4. Each member of the Committee shall at all times have
access to all papers and other material received from any
source. The Staff Director shall be responsible for the
maintenance, under appropriate security procedures, of a
document control and accountability registry which will
number and identify all classified papers and other
classified materials in the possession of the Committee, and
such registry shall be available to any member of the
Committee.
9.5. Whenever the Select Committee on Intelligence makes
classified material available to any other committee of the
Senate or to any member of the Senate not a member of the
Committee, such material shall be accompanied by a verbal or
written notice to the recipients advising of their
responsibility to protect such materials pursuant to section
8 of S. Res. 400 of the 94th Congress. The Security Director
of the Committee shall ensure that such notice is provided
and shall maintain a written record identifying the
particular information transmitted and the committee or
members of the Senate receiving such information.
9.6. Access to classified information supplied to the
Committee shall be limited to those Committee staff members
with appropriate security clearance and a need-to-know, as
determined by the Committee, and, under the Committee's
direction, the Staff Director and Minority Staff Director.
9.7. No member of the Committee or of the Committee staff
shall disclose, in whole or in part or by way of summary, the
contents of any classified or committee sensitive papers,
materials, briefings, testimony, or other information in the
possession of the Committee to any other person, except as
specified in this rule. Committee members and staff do not
need prior approval to disclose classified or committee
sensitive information to persons in the Executive branch, the
members and staff the House Permanent Select Committee on
Intelligence, and the members and staff of the Senate,
provided that the following conditions are met: (1) for
classified information, the recipients of the information
must possess appropriate security clearances (or have access
to the information by virtue of their office); (2) for all
information, the recipients of the information must have a
need-to-know such information for an official governmental
purpose; and (3) for all information, the Committee members
and staff who provide the information must be engaged in the
routine performance of Committee legislative or oversight
duties. Otherwise, classified and committee sensitive
information may only be disclosed to persons outside the
Committee (to include any congressional committee, Member of
Congress, congressional staff, or specified non-governmental
persons who support intelligence activities) with the prior
approval of the Chairman and Vice Chairman of the Committee,
or the Staff Director and Minority Staff Director acting on
their behalf, consistent with the requirements that
classified information may only be disclosed to persons with
appropriate security clearances and a need-to-know such
information for an official governmental purpose. Public
disclosure of classified information in the possession of the
Committee may only be authorized in accordance with Section 8
of S. Res. 400 of the 94th Congress.
9.8. Failure to abide by Rule 9.7 shall constitute grounds
for referral to the Select Committee on Ethics pursuant to
Section 8 of S. Res. 400 of the 94th Congress. Prior to a
referral to the Select Committee on Ethics pursuant to
Section 8 of S. Res. 400, the Chairman and Vice Chairman
shall notify the Majority Leader and Minority Leader.
9.9. Before the Committee makes any decision regarding the
disposition of any testimony, papers, or other materials
presented to it, the Committee members shall have a
reasonable opportunity to examine all pertinent testimony,
papers, and other materials that have been obtained by the
members of the Committee or the Committee staff.
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9.10. Attendance of persons outside the Committee at closed
meetings of the Committee shall be kept at a minimum and
shall be limited to persons with appropriate security
clearance and a need-to-know the information under
consideration for the execution of their official duties. The
Security Director of the Committee may require that notes
taken at such meetings by any person in attendance shall be
returned to the secure storage area in the Committee's
offices at the conclusion of such meetings, and may be made
available to the department, agency, office, committee, or
entity concerned only in accordance with the security
procedures of the Committee.
RULE 10. STAFF
10.1. For purposes of these rules, Committee staff includes
employees of the Committee, consultants to the Committee, or
any other person engaged by contract or otherwise to perform
services for or at the request of the Committee. To the
maximum extent practicable, the Committee shall rely on its
full-time employees to perform all staff functions. No
individual may be retained as staff of the Committee or to
perform services for the Committee unless that individual
holds appropriate security clearances.
10.2. The appointment of Committee staff shall be approved
by the Chairman and Vice Chairman, acting jointly, or, at the
initiative of both or either be confirmed by a majority vote
of the Committee. After approval or confirmation, the
Chairman shall certify Committee staff appointments to the
Financial Clerk of the Senate in writing. No Committee staff
shall be given access to any classified information or
regular access to the Committee offices until such Committee
staff has received an appropriate security clearance as
described in Section 6 of S. Res. 400 of the 94th Congress.
10.3. The Committee staff works for the Committee as a
whole, under the supervision of the Chairman and Vice
Chairman of the Committee. The duties of the Committee staff
shall be performed, and Committee staff personnel affairs and
day-to-day operations, including security and control of
classified documents and material, shall be administered
under the direct supervision and control of the Staff
Director. All Committee staff shall work exclusively on
intelligence oversight issues for the Committee. The Minority
Staff Director and the Minority Counsel shall be kept fully
informed regarding all matters and shall have access to all
material in the files of the Committee.
10.4. The Committee staff shall assist the minority as
fully as the majority in the expression of minority views,
including assistance in the preparation and filing of
additional, separate, and minority views, to the end that all
points of view may be fully considered by the Committee and
the Senate.
10.5. The members of the Committee staff shall not discuss
either the substance or procedure of the work of the
Committee with any person not a member of the Committee or
the Committee staff for any purpose or in connection with any
proceeding, judicial or otherwise, either during their tenure
as a member of the Committee staff or at any time thereafter,
except as directed by the Committee in accordance with
Section 8 of S. Res. 400 of the 94th Congress and the
provisions of these rules, or in the event of the termination
of the Committee, in such a manner as may be determined by
the Senate.
10.6. No member of the Committee staff shall be employed by
the Committee unless and until such a member of the Committee
staff agrees in writing, as a condition of employment, to
abide by the conditions of the nondisclosure agreement
promulgated by the Select Committee on Intelligence, pursuant
to Section 6 of S. Res. 400 of the 94th Congress, and to
abide by the Committee's code of conduct.
10.7. 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. 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 by them, measures referred
to the Committee shall be referred by the Chairman and Vice
Chairman to the appropriate department or agency of the
Government for reports thereon.
rule 13. committee travel
13.1. No member of the Committee or Committee staff shall
travel abroad on Committee business unless specifically
authorized by the Chairman and Vice Chairman. Requests for
authorization of such travel shall state the purpose and
extent of the trip. A full report shall be filed with the
Committee when travel is completed.
13.2. No member of the Committee staff shall travel within
this country on Committee business unless specifically
authorized by the Staff Director.
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.
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