18 July 1999
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

-----------------------------------------------------------------------

Senate Manual, 104th Congress [excerpt]

[Page 128-140]
Online via GPO Access [wais.access.gpo.gov]
[DOCID:sd001_104-5]

            ------------------------------------------------------------

            NONSTATUTORY STANDING ORDERS NOT EMBRACED IN THE RULES, AND
                 RESOLUTIONS AFFECTING THE BUSINESS OF THE SENATE

            ------------------------------------------------------------

[[Page 128]]

     79.13                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

[[Page 129]]

            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:
---------------------------------------------------------------------------
                \1\See paragraph 3(b) of rule XXV of the Standing Rules,
            Senate Manual section 25.3b.
---------------------------------------------------------------------------
                        (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) 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-

[[Page 130]]

            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 paragraph
            4(e)(1)\1\ of rule XXV of the Standing Rules of the Senate.
---------------------------------------------------------------------------
                \1\Changed from ``paragraph 6(e)(1)'' as a result of the
            adoption of S. Res. 274, 96-1, Nov. 14, 1979.
---------------------------------------------------------------------------
                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.

[[Page 131]]

                                (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 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

[[Page 132]]

            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 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

[[Page 133]]

            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.

                (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\1\ 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.
---------------------------------------------------------------------------
                \1\Name changed to the Select Committee on Ethics by S.
            Res. 4, 95-1, Feb. 4, 1977.

---------------------------------------------------------------------------

[[Page 134]]

                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 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

[[Page 135]]

            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
            Senate,\1\ 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--
---------------------------------------------------------------------------
                \1\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.
---------------------------------------------------------------------------
                        (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\2\ (whichever the case may be), the Senate shall
            immediately vote on the disposition of

[[Page 136]]

            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.
---------------------------------------------------------------------------
                \2\Ibid.
---------------------------------------------------------------------------
                (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
            Standards and Conduct\1\ 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.
---------------------------------------------------------------------------
                \1\Name changed to the Select Committee on Ethics by S.
            Res. 4, 95-1, Feb. 4, 1977.
---------------------------------------------------------------------------
                (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

[[Page 137]]

            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.
                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
            viola-

[[Page 138]]

            tions 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

[[Page 139]]

                    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;
                        (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

[[Page 140]]

            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. (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.]

--------------------------------------------------------------------------
