[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 837 Introduced in House (IH)]







108th CONGRESS
  2d Session
H. RES. 837

   Amending the Rules of the House of Representatives to establish a 
  standing Committee on Homeland Security and a standing Committee on 
 Intelligence (with jurisdiction over appropriations for intelligence 
                  activities), and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2004

   Mrs. Maloney (for herself, Mr. Shays, Mr. Case, Mr. Sandlin, Mr. 
Dingell, and Mr. Cardoza) submitted the following resolution; which was 
                   referred to the Committee on Rules

_______________________________________________________________________

                               RESOLUTION


 
   Amending the Rules of the House of Representatives to establish a 
  standing Committee on Homeland Security and a standing Committee on 
 Intelligence (with jurisdiction over appropriations for intelligence 
                  activities), and for other purposes.

    Resolved, That clause 1 of rule X of the Rules of the House of 
Representatives is amended by redesignating paragraphs (i) through (s) 
as paragraphs (j) through (t), respectively, and by inserting after 
paragraph (h) the following new paragraph:
    ``(i) Committee on Homeland Security.
            ``(1) The Department of Homeland Security.
            ``(2) Homeland security, generally.
The committee shall have exclusive jurisdiction over the matters 
referred to in subparagraphs (1) and (2).''.

                       committee on intelligence

    Sec. 2. (a) Clause 1 of rule X of the Rules of the House of 
Representatives (as amended by the first section of this resolution) is 
further amended by redesignating paragraphs (k) through (t) as 
paragraphs (l) through (u), respectively, and by inserting after 
paragraph (j) (as redesignated by such first section) the following new 
paragraph:
    ``(k) Committee on Intelligence.
            ``(1) The Central Intelligence Agency, the Director of 
        Central Intelligence, and the National Foreign Intelligence 
        Program as defined in section 3(6) of the National Security Act 
        of 1947.
            ``(2) Intelligence and intelligence-related activities of 
        all other departments and agencies of the Government, including 
        the tactical intelligence and intelligence-related activities 
        of the Department of Defense.
            ``(3) The organization or reorganization of a department or 
        agency of the Government to the extent that the organization or 
        reorganization relates to a function or activity involving 
        intelligence or intelligence-related activities.
            ``(4) Authorizations for appropriations, both direct and 
        indirect, for the following:
                    ``(A) The Central Intelligence Agency, the Director 
                of Central Intelligence, and the National Foreign 
                Intelligence Program as defined in section 3(6) of the 
                National Security Act of 1947.
                    ``(B) Intelligence and intelligence-related 
                activities of all other departments and agencies of the 
                Government, including the tactical intelligence and 
                intelligence-related activities of the Department of 
                Defense.
                    ``(C) A department, agency, subdivision, or program 
                that is a successor to an agency or program named or 
                referred to in subdivision (A) or (B).
            ``(5) Appropriations for the revenue for the support of the 
        matters referred to in subparagraphs (1) through (4).
The committee shall have exclusive jurisdiction over the matters 
referred to in subparagraphs (1) through (5).''.
    (b) Clause 4 of rule X of the Rules of the House of Representatives 
is amended by adding at the end the following new paragraph:
    ``(g)(1) For purposes of accountability to the House, the Committee 
on Intelligence shall make regular and periodic reports to the House on 
the nature and extent of the intelligence and intelligence-related 
activities of the various departments and agencies of the United 
States. The committee shall promptly call to the attention of the 
House, or to any other appropriate committee, a matter requiring the 
attention of the House or another committee. In making such report, the 
committee shall proceed in a manner consistent with subparagraph (7) to 
protect national security.
    ``(2) The Committee on Intelligence shall obtain annual reports 
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 and 
intelligence-related activities of the agency or department concerned 
and the intelligence and intelligence-related activities of foreign 
countries directed at the United States or its interests. An 
unclassified version of each report may be made available to the public 
at the discretion of the committee. Nothing herein shall be construed 
as requiring the public disclosure in such reports of the names of 
persons engaged in intelligence or intelligence-related activities for 
the United States or the divulging of intelligence methods employed or 
the sources of information on which the reports are based or the amount 
of funds authorized to be appropriated for intelligence and 
intelligence-related activities.
    ``(3) Within six weeks after the President submits a budget under 
section 1105(a) of title 31, United States Code, or at such time as the 
Committee on the Budget may request, the Committee on Intelligence 
shall submit to the Committee on the Budget the views and estimates 
described in section 301(d) of the Congressional Budget Act of 1974 
regarding matters within the jurisdiction of the committee.
    ``(4)(A) Except as specified in subdivision (B), clauses 8(a), (b), 
and (c) and 9(a), (b), and (c) of this rule, and clauses 1, 2, and 4 of 
rule XI shall apply to the Committee on Intelligence to the extent not 
inconsistent with this clause.
    ``(B) Notwithstanding the requirements of the first sentence of 
clause 2(g)(2) of rule XI, in the presence of the number of members 
required under the rules of the Committee on Intelligence for the 
purpose of taking testimony or receiving evidence, the committee may 
vote to close a hearing whenever a majority of those present determines 
that the testimony or evidence would endanger the national security.
    ``(5) An employee of the Committee on Intelligence, or a person 
engaged by contract or otherwise to perform services for or at the 
request of the committee, may not be given access to any classified 
information by the committee unless such employee or person has--
            ``(A) agreed in writing and under oath to be bound by the 
        Rules of the House, including the jurisdiction of the Committee 
        on Standards of Official Conduct and of the Committee on 
        Intelligence concerning the security of classified information 
        during and after the period of his employment or contractual 
        agreement with the committee; and
            ``(B) received an appropriate security clearance, as 
        determined by the Committee on Intelligence in consultation 
        with the Director of Central Intelligence, that is commensurate 
        with the sensitivity of the classified information to which 
        such employee or person will be given access by the committee.
    ``(6) The Committee on Intelligence shall formulate and carry out 
such rules and procedures as it considers necessary to prevent the 
disclosure, without the consent of each person concerned, of 
information in the possession of the committee that unduly infringes on 
the privacy or that violates the constitutional rights of such person. 
Nothing herein shall be construed to prevent the committee from 
publicly disclosing classified information in a case in which it 
determines that national interest in the disclosure of classified 
information clearly outweighs any infringement on the privacy of a 
person.
    ``(7)(A) The Committee on Intelligence may disclose publicly any 
information in its possession after a determination by the committee 
that the public interest would be served by such disclosure. With 
respect to the disclosure of information for which this subparagraph 
requires action by the committee--
            ``(i) the committee shall meet to vote on the matter within 
        five days after a member of the committee requests a vote; and
            ``(ii) a member of the committee may not make such a 
        disclosure before a vote by the committee on the matter, or 
        after a vote by the committee on the matter except in 
        accordance with this subparagraph.
    ``(B)(i) In a case in which the Committee on Intelligence votes to 
disclose publicly any information that has been classified under 
established security procedures, that has been submitted to it by the 
executive branch, and that the executive branch requests be kept 
secret, the committee shall notify the President of such vote.
    ``(ii) The Committee on Intelligence may disclose publicly such 
information after the expiration of a five-day period following the day 
on which notice of the vote to disclose is transmitted to the President 
unless, before the expiration of the 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 the disclosure is of such gravity that it outweighs any public 
interest in the disclosure.
    ``(iii) If the President, personally in writing, notifies the 
committee of his objections to the disclosure of information as 
provided in clause (ii), the committee may, by majority vote, refer the 
question of the disclosure of such information, with a recommendation 
thereon, to the House. The committee may not publicly disclose such 
information without leave of the House.
    ``(iv) Whenever the committee votes to refer the question of 
disclosure of any information to the House under clause (iii), the 
chairman shall, not later than the first day on which the House is in 
session following the day on which the vote occurs, report the matter 
to the House for its consideration.
    ``(v) If the chairman of the committee does not offer in the House 
a motion to consider in closed session a matter reported under clause 
(iv) within four calendar days on which the House is in session after 
the recommendation described in clause (iii) is reported, then such a 
motion shall be privileged when offered by a Member, Delegate, or 
Resident Commissioner. In either case such a motion shall be decided 
without debate or intervening motion except one that the House adjourn.
    ``(vi) Upon adoption by the House of a motion to resolve into 
closed session as described in clause (v), the Speaker may declare a 
recess subject to the call of the Chair. At the expiration of the 
recess, the pending question, in closed session, shall be, `Shall the 
House approve the recommendation of the committee?'.
    ``(vii) Debate on the question described in clause (vi) shall be 
limited to two hours equally divided and controlled by the chairman and 
ranking minority party member of the committee. After such debate the 
previous question shall be considered as ordered on the question of 
approving the recommendation without intervening motion except one 
motion that the House adjourn. The House shall vote on the question in 
open session but without divulging the information with respect to 
which the vote is taken. If the recommendation of the committee is not 
approved, then the question is considered as recommitted to the 
committee for further recommendation.
    ``(C)(i) Information in the possession of the Committee on 
Intelligence relating to the lawful intelligence or intelligence-
related activities of a department or agency of the United States that 
has been classified under established security procedures, and that the 
committee has determined should not be disclosed under subdivision (A) 
or (B), may not be made available to any person by a Member, Delegate, 
Resident Commissioner, officer, or employee of the House except as 
provided in clause (ii).
    ``(ii) The Committee on Intelligence shall, under such regulations 
as it may prescribe, make information described in clause (i) available 
to a committee or a Member, Delegate, or Resident Commissioner, and 
permit a Member, Delegate, or Resident Commissioner to attend a hearing 
of the committee that is closed to the public. Whenever the committee 
makes such information available, it shall keep a written record 
showing, in the case of particular information, which committee or 
which Member, Delegate, or Resident Commissioner received the 
information. A Member, Delegate, or Resident Commissioner who, and a 
committee that, receives information under this clause may not disclose 
the information except in a closed session of the House.
    ``(D) The Committee on Standards of Official Conduct shall 
investigate any unauthorized disclosure of intelligence or 
intelligence-related information by a Member, Delegate, Resident 
Commissioner, officer, or employee of the House in violation of 
subdivision (C) and report to the House concerning any allegation that 
it finds to be substantiated.
    ``(E) Upon the request of a person who is subject to an 
investigation described in subdivision (D), the Committee on Standards 
of Official Conduct shall release to such person at the conclusion of 
its investigation a summary of its investigation, together with its 
findings. If, at the conclusion of its investigation, the Committee on 
Standards of Official Conduct determines that there has been a 
significant breach of confidentiality or unauthorized disclosure by a 
Member, Delegate, Resident Commissioner, officer, or employee of the 
House, it shall report its findings to the House and recommend 
appropriate action. Recommendations may include censure, removal from 
committee membership, or expulsion from the House, in the case of a 
Member, or removal from office or employment or punishment for 
contempt, in the case of an officer or employee.
    ``(F) The Committee on Intelligence may permit a personal 
representative of the President, designated by the President to serve 
as a liaison to the committee, to attend any closed meeting of the 
committee.
    ``(G) Subject to the Rules of the House, funds may not be 
appropriated for a fiscal year, with the exception of a bill or joint 
resolution continuing appropriations, or an amendment thereto, or a 
conference report thereon, to, or for use of, a department or agency of 
the United States to carry out any of the following activities, unless 
the funds shall previously have been authorized by a bill or joint 
resolution passed by the House during the same or preceding fiscal year 
to carry out such activity for such fiscal year:
            ``(i) The activities of the Central Intelligence Agency and 
        the Director of Central Intelligence.
            ``(ii) The activities of the Defense Intelligence Agency.
            ``(iii) The activities of the National Security Agency.
            ``(iv) The intelligence and intelligence-related activities 
        of other agencies and subdivisions of the Department of 
        Defense.
            ``(v) The intelligence and intelligence-related activities 
        of the Department of State.
            ``(vi) The intelligence and intelligence-related activities 
        of the Federal Bureau of Investigation, including all 
        activities of the Intelligence Division.
    ``(H)(i) In this clause, the term ``intelligence and intelligence-
related activities'' includes--
            ``(I) the collection, analysis, production, dissemination, 
        or use of information that relates to a foreign country, or a 
        government, political group, party, military force, movement, 
        or other association in a foreign country, and that relates to 
        the defense, foreign policy, national security, or related 
        policies of the United States and other activity in support of 
        the collection, analysis, production, dissemination, or use of 
        such information;
            ``(II) activities taken to counter similar activities 
        directed against the United States;
            ``(III) covert or clandestine activities affecting the 
        relations of the United States with a foreign government, 
        political group, party, military force, movement, or other 
        association;
            ``(IV) 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 a 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
            ``(V) covert or clandestine activities directed against 
        persons described in (IV).
    ``(ii) In this clause, the term ``department or agency'' includes 
any organization, committee, council, establishment, or office within 
the Federal Government.
    ``(iii) For purposes of this clause, reference to a department, 
agency, bureau, or subdivision shall include a reference to any 
successor department, agency, bureau, or subdivision to the extent that 
a successor engages in intelligence or intelligence-related activities 
now conducted by the department, agency, bureau, or subdivision 
referred to in this clause.
    ``(I) Clause 12(a) of rule XXII does not apply to meetings of a 
conference committee respecting legislation (or any part thereof) 
reported by the Committee on Intelligence.''.
    (c) Clause 5(a) of rule X of the Rules of the House of 
Representatives is amended by adding at the end the following new 
subparagraph:
    ``(4)(A) The Committee on Intelligence shall be composed of not 
more than 18 Members, Delegates, or the Resident Commissioner, of whom 
not more than 10 may be from the same party. The committee shall 
include at least one Member, Delegate, or the Resident Commissioner 
from each of the following committees:
            ``(i) The Committee on Armed Services.
            ``(ii) The Committee on Homeland Security.
            ``(iii) The Committee on International Relations.
            ``(iv) The Committee on the Judiciary.
The committee shall include the chairman and ranking minority party 
member of the Committee on Appropriations and the chairman and ranking 
minority party member of the Subcommittee on Defense of the Committee 
on Appropriations.
    ``(B) The Speaker and the Minority Leader shall be ex officio 
members of the Committee on Intelligence, but shall have no vote in the 
committee and may not be counted for purposes of determining a quorum.
    ``(C) The Speaker and Minority Leader each may designate a member 
of his leadership staff to assist him in his capacity as ex officio 
member, with the same access to committee meetings, hearings, 
briefings, and materials as employees of the committee and subject to 
the same security clearance and confidentiality requirements as 
employees of the committee under this clause.''.

                         conforming amendments

    Sec. 3. (a)(1) Clause l(b)(1) of rule X of the Rules of the House 
of Representatives is amended by inserting ``, except for matters 
within the jurisdiction of the Committee on Intelligence'' before the 
period.
    (2) Clause l(b)(2) of rule X of the Rules of the House of 
Representatives is amended by inserting ``other than appropriation Acts 
reported by the Committee on Intelligence'' before the period.
    (b) Clause 3(l) of rule X of the Rules of the House of 
Representatives is amended by striking ``Permanent Select'' and by 
striking ``clause 11(b)(1)(A)'' and inserting ``clause 1(k)''.
    (c) Clause 9(a)(2) of rule X of the Rules of the House of 
Representatives is amended by striking ``Permanent Select''.
    (d) Clause 11 of rule 10 of the Rules of the House of 
Representatives is repealed.
    (e) Clause 2(g)(2)(D) of rule 11 of the Rules of the House of 
Representatives is amended by striking ``Permanent Select''.

                             effective date

    Sec. 4. The amendments made by this resolution shall take effect 
immediately before noon, January 3, 2005.
                                 <all>