[United States Senate Manual, 107th Congress]
[S. Doc. 107-1]
[Non-statutory Standing Orders and Regulations Affecting the Business of the Senate]
[Pages 123-135]
[From the U.S. Government Printing Office, www.gpo.gov]
94 SELECT COMMITTEE ON INTELLIGENCE
Resolved, That it is the purpose of this resolution to
establish a new select committee of the Senate, to be known
as the Select Committee on Intelligence, to oversee and make
continuing studies of the intelligence activities and
programs of the United States Government, and to submit to
the Senate appropriate proposals for legislation and report
to the Senate concerning such intelligence activities and
programs. In carrying out this purpose, the Select Committee
on Intelligence shall make every effort to assure that the
appropriate departments and agencies of the United States
provide informed and timely intelligence necessary for the
executive and legislative branches to make sound decisions
affecting the security and vital interests of the Nation. It
is further the purpose of this resolution to provide
vigilant legislative oversight over the intelligence
activities of the United States to assure that such
activities are in conformity with the Constitution and laws
of the United States.
Sec. 2. (a) (1) There is hereby established a select
committee to be known as the Select Committee on
Intelligence (hereinafter in this resolution referred to as
the ``select committee''). The select committee shall be
composed of fifteen\1\ members appointed as follows:
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\1\ See paragraph 3(b) of rule XXV of the Standing
Rules, Senate Manual section 25.3b.
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(A) two members from the Committee on
Appropriations;
[[Page 124]]
(B) two members from the Committee on Armed
Services;
(C) two members from the Committee on Foreign
Relations;
(D) two members from the Committee on the
Judiciary; and
(E) seven members to be appointed from the
Senate at large.
(2) Members appointed from each committee named in
clauses (A) through (D) of paragraph (1) shall be evenly
divided between the two major political parties and shall be
appointed by the President pro tempore of the Senate upon
the recommendations of the majority and minority leaders of
the Senate. Four of the members appointed under clause (E)
of paragraph (1) shall be appointed by the President pro
tempore of the Senate upon the recommendation of the
majority leader of the Senate and three shall be appointed
by the President pro tempore of the Senate upon the
recommendation of the minority leader of the Senate.
(3) The majority leader of the Senate and the minority
leader of the Senate shall be ex officio members of the
select committee but shall have no vote in the committee and
shall not be counted for purposes of determining a quorum.
(b) No Senator may serve on the select committee for
more than eight years of continuous service, exclusive of
service by any Senator on such committee during the Ninety-
fourth Congress. To the greatest extent practicable, one-
third of the Members of the Senate appointed to the select
committee at the beginning of the Ninety-seventh Congress
and each Congress thereafter shall be Members of the Senate
who did not serve on such committee during the preceding
Congress.
(c) At the beginning of each Congress, the Members of
the Senate who are members of the majority party of the
Senate shall elect a chairman for the select committee, and
the Members of the Senate who are from the minority party of
the Senate shall elect a vice chairman for such committee.
The vice chairman shall act in the place and stead of the
chairman in the absence of the chairman. Neither the
chairman nor the vice chairman of the select committee shall
at the same time serve as chairman or ranking minority
member of any other committee referred to in
[[Page 125]]
paragraph 4(e)(1)\2\ of rule XXV of the Standing Rules of
the Senate.
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\2\Changed from ``paragraph 6(e)(1)'' as a result of the
adoption of S. Res. 274, 96-1, Nov. 14, 1979.
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Sec. 3. (a) There shall be referred to the select
committee all proposed legislation, messages, petitions,
memorials, and other matters relating to the following:
(1) The Central Intelligence Agency and the
Director of Central Intelligence.
(2) Intelligence activities of all other
departments and agencies of the Government,
including, but not limited to, the intelligence
activities of the Defense Intelligence Agency, the
National Security Agency, and other agencies of the
Department of 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) Any proposed legislation reported by the select
committee, except any legislation involving matters
specified
[[Page 126]]
in clause (1) or (4)(A) of subsection (a), containing any
matter otherwise within the jurisdiction of any standing
committee shall, at the request of the chairman of such
standing committee, be referred to such standing committee
for its consideration of such matter and be reported to the
Senate by such standing committee within thirty days after
the day on which such proposed legislation is referred to
such standing committee; and any proposed legislation
reported by any committee, other than the select committee,
which contains any matter within the jurisdiction of the
select committee shall, at the request of the chairman of
the select committee, be referred to the select committee
for its consideration of such matter and be reported to the
Senate by the select committee within thirty days after the
day on which such proposed legislation is referred to such
committee. In any case in which a committee fails to report
any proposed legislation referred to it within the time
limit prescribed herein, such committee shall be
automatically discharged from further consideration of such
proposed legislation on the thirtieth day following the day
on which such proposed legislation is referred to such
committee unless the Senate provides otherwise. In computing
any thirty-day period under this paragraph there shall be
excluded from such computation any days on which the Senate
is not in session.
(c) Nothing in this resolution shall be construed as
prohibiting or otherwise restricting the authority of any
other committee to study and review any intelligence
activity to the extent that such activity directly affects a
matter otherwise within the jurisdiction of such committee.
(d) Nothing in this resolution shall be construed as
amending, limiting, or otherwise changing the authority of
any standing committee of the Senate to obtain full and
prompt access to the product of the intelligence activities
of any department or agency of the Government relevant to a
matter otherwise within the jurisidiction of such committee.
Sec. 4. (a) The select committee, for the purposes of
accountability to the Senate, shall make regular and
periodic reports to the Senate on the nature and extent of
the intelligence activities of the various departments and
agencies of the United States. Such committee shall promptly
call to the attention of the Senate or to any other
appropriate committee or committees of the Senate any
matters requir
[[Page 127]]
ing 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
subpena 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.
[[Page 128]]
(c) Subpenas 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 subpenas.
Sec. 6. No employee of the select committee or any
person engaged by contract or otherwise to perform services
for or at the request of such committee shall be given
access to any classified information by such committee
unless such employee or person has (1) agreed in writing and
under oath to be bound by the rules of the Senate (including
the jurisdiction of the Select Committee on Standards and
Conduct\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.
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\3\Name changed to the Select Committee on Ethics by S.
Res. 4, 95-1, Feb. 4, 1977.
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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
[[Page 129]]
to disclose any information under this section, the
committee shall meet to vote on the matter within five days
after any member of the committee requests such a vote. No
member of the select committee shall disclose any
information, the disclosure of which requires a committee
vote, prior to a vote by the committee on the question of
the disclosure of such information or after such vote except
in accordance with this section.
(b)(1) In any case in which the select committee votes
to disclose publicly any information which has been
classified under established security procedures, which has
been submitted to it by the executive branch, and which the
executive branch requests be kept secret, such committee
shall notify the President of such vote.
(2) The select committee may disclose publicly such
information after the expiration of a five-day period
following the day on which notice of such vote is
transmitted to the President, unless, prior to the
expiration of such five-day period, the President,
personally in writing, notifies the committee that he
objects to the disclosure of such information, provides his
reasons therefor, and certifies that the threat to 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 select committee of his objections to the disclosure of
such information as provided in paragraph (2), such
committee may, by majority vote, refer the question of the
disclosure of such information to the Senate for
consideration. The committee shall not publicly disclose
such information without leave of the Senate.
(4) Whenever the select committee votes to refer the
question of disclosure of any information to the Senate
under paragraph (3), the chairman shall not later than the
first day on which the Senate is in session following the
day on which the vote occurs, report the matter to the
Senate for its consideration.
(5) One hour after the Senate convenes on the fourth day
on which the Senate is in session following the day on which
any such matter is reported to the Senate, or at such
earlier time as the majority leader and the minority leader
of the Senate jointly agree upon in accordance with
paragraph 5 of rule XVII of the Standing Rules of the Sen
[[Page 130]]
ate,\4\ the Senate shall go into closed session and the
matter shall be the pending business. In considering the
matter in closed session the Senate may--
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\4\Changed from ``section 133(f) of the Legislative
Reorganization Act of 1946'' as a result of the adoption of
S. Res. 274, 96-1, Nov. 14, 1979; further changed from
``paragraph 5 of rule XXVII'' as a result of the adoption of
S. Res. 389, 96-2, Mar. 25, 1980.
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(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\5\ (whichever the case may be), the Senate shall
immediately vote on the disposition of such matter in open
session, without debate, and without divulging the
information with respect to which the vote is being taken.
The Senate shall vote to dispose of such matter by one or
more of the means specified in clauses (A), (B), and (C) of
the second sentence of this paragraph. Any vote of the
Senate to disclose any information pursuant to this
paragraph shall be subject to the right of a Member of the
Senate to move for reconsideration of the vote within the
time and pursuant to the procedures specified in rule XIII
of the Standing Rules of the Senate, and the disclosure of
such information shall be made consistent with that right.
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\5\Ibid.
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(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
[[Page 131]]
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
Standards and Conduct\6\ 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.
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\6\Name changed to the Select Committee on Ethics by S.
Res. 4, 95-1, Feb. 4, 1977.
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(e) Upon the request of any person who is subject to any
such investigation, the Select Committee on Standards and
Conduct\1\ shall release to such individual at the
conclusion of its investigation a summary of its
investigation together with its findings. If, at the
conclusion of its investigation, the Select Committee on
Standards and Conduct\1\ determines that there has been a
significant breach of confidentiality or unauthorized
disclosure by a Member, officer, or employee of the Senate,
it shall report its findings to the Senate and recommend
appropriate action such as censure, removal from committee
membership, or expulsion from the Senate, in the case of a
Member, or removal from office or employment or punishment
for contempt, in the case of an officer or employee.
Sec. 9. The select committee is authorized to permit any
personal representative of the President, designated by the
President to serve as a liaison to such committee, to attend
any closed meeting of such committee.
[[Page 132]]
Sec. 10. Upon expiration of the Select Committee on
Governmental Operations With Respect to Intelligence
Activities, established by Senate Resolution 21, Ninety-
fourth Congress, all records, files, documents, and other
materials in the possession, custody, or control of such
committee, under appropriate conditions established by it,
shall be transferred to the select committee.
Sec. 11. (a) It is the sense of the Senate that the head
of each department and agency of the United States should
keep the select committee fully and currently informed with
respect to intelligence activities, including any
significant anticipated activities, which are the
responsibility of or engaged in by such department or
agency: Provided, That this does not constitute a condition
precedent to the implementation of any such anticipated
intelligence activity.
(b) It is the sense of the Senate that the head of any
department or agency of the United States involved in any
intelligence activities should furnish any information or
document in the possession, custody, or control of the
department or agency, or person paid by such department or
agency, whenever requested by the select committee with
respect to any matter within such committee's jurisdiction.
(c) It is the sense of the Senate that each department
and agency of the United States should report immediately
upon discovery to the select committee any and all
intelligence activities which constitute violations of the
constitutional rights of any person, violations of law, or
violations of Executive orders, presidential directives, or
departmental or agency rules or regulations; each department
and agency should further report to such committee what
actions have been taken or are expected to be taken by the
departments or agencies with respect to such violations.
Sec. 12. Subject to the Standing Rules of the Senate, no
funds shall be appropriated for any fiscal year beginning
after September 30, 1976, with the exception of a continuing
bill or resolution, or amendment thereto, or conference
report thereon, to, or for use of, any department or agency
of the United States to carry out any of the following
activities, unless such funds shall have been previously
authorized by a bill or joint resolution passed by
[[Page 133]]
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 from 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;
[[Page 134]]
(7) the desirability of establishing a joint
committee of the Senate and the House of
Representatives on intelligence activities in lieu
of having separate committees in each House of
Congress, or of establishing procedures under which
separate committees on intelligence activities of
the two Houses of Congress would receive joint
briefings from the intelligence agencies and
coordinate their policies with respect to the
safeguarding of sensitive intelligence information;
(8) the authorization of funds for the
intelligence activities of the Government and
whether disclosure of any of the amounts of such
funds is in the public interest; and
(9) the development of a uniform set of
definitions for terms to be used in policies or
guidelines which may be adopted by the executive or
legislative branches to govern, clarify, and
strengthen the operation of intelligence activities.
(b) The select committee may, in its discretion, omit
from the special study required by this section any matter
it determines has been adequately studied by the Select
Committee To Study Governmental Operations With Respect to
Intelligence Activities, established by Senate Resolution
21, Ninety-fourth Congress.
(c) The select committee shall report the results of the
study provided for by this section to the Senate, together
with any recommendations for legislative or other actions it
deems appropriate, no later than July 1, 1977, and from time
to time thereafter as it deems appropriate.
Sec. 14. (a) As used in this resolution, the term
``intelligence activities'' includes (1) the collection,
analysis, production, dissemination, or use of information
which relates to any foreign country, or any government,
political group, party, military force, movement, or other
association in such foreign country, and which relates to
the defense, foreign policy, national security, or related
policies of the United States, and other activity which is
in support of such activities; (2) activities taken to
counter similar activities directed against the United
States; (3) covert or clandestine activities affecting the
relations of the United States with any foreign government,
political group, party, military force, movement or other
association; (4) the collection, analysis, production,
dissemination, or use of information about activities of
persons within the United States,
[[Page 135]]
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. (This section authorized funds for the select
committee for the period May 19, 1976, through Feb. 28,
1977.)
Sec. 16. Nothing in this resolution shall be construed
as constituting acquiescence by the Senate in any practice,
or in the conduct of any activity, not otherwise authorized
by law.
[S. Res. 400, 94-2, May 19, 1976; S. Res. 4, 95-1, Feb. 4,
1977.]