    [Congressional Record Volume 171, Number 38 (Wednesday, February 26, 2025)]
    [Senate]
    [Pages S1392-S1395]
    From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

        U.S. SENATE SELECT COMMITTEE ON INTELLIGENCE RULES OF PROCEDURE

      Mr. COTTON. Mr. President, I ask unanimous consent that the Senate
    Select Committee on Intelligence's rules of procedure be printed in the
    Record.
      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 Tuesday of each month that the Senate is in session,
         unless otherwise directed by the Chairman.
           1.2. The Chairman shall have authority, upon notice, to
         call such additional meetings of the Committee as the
         Chairman 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. Consistent with Senate rule XXVI and except as
         otherwise provided in these Rules, decisions of the Committee
         shall be by a majority vote of the members physically 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

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         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; (3) is limited to a specific measure or
         matter and any amendments pertaining thereto; and (4) is
         signed by the member wishing to cast a vote by proxy, either
         by handwritten signature or autopen. 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 from
         the Committee unless a majority of the Committee is
         physically 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
         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 weekdays 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 a joint determination made
         by the Chairman and Vice Chairman, nominations referred to
         the Committee shall be held for at least 14 calendar 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. Unless otherwise ordered by a joint determination made
         by the Chairman and Vice Chairman, no confirmation hearing
         shall be held sooner than seven calendar days after receipt
         of the background questionnaire, financial disclosure
         statement, and responses to additional pre-hearing questions,
         if transmitted.
           5.5. The Committee vote to report a nomination shall not be
         sooner than 48 hours after the Committee has received
         transcripts of the confirmation hearing and responses to
         post-hearing questions for the record, if transmitted, 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 response to the Committee's
         background questionnaire and financial disclosure statement
         with the Committee and has undergone a background
         investigation.
           5.7. The Committee shall make public the vote of each
         member on a nomination reported to the Senate.

                             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, as amended, 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 may be given under
         oath or affirmation which may be administered by any member
         of the Committee.
           8.3. Questioning.--Committee questioning of witnesses 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) Generally. Any witness
         may be accompanied by counsel, subject to the requirement of
         paragraph (b).
           (b) Counsel Clearances Required. In the event that a
         meeting of the Committee has been closed because the subject
         matter was classified in nature, counsel accompanying a
         witness before the Committee must possess the requisite
         security clearance and provide proof of such clearance to the
         Committee at least 24 hours prior to the meeting at which the
         counsel intends to be present. 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.
           (c) Conduct of Counsel for the Witness. Counsel for
         witnesses appearing before the Committee shall conduct
         themselves in an ethical and professional manner at all times
         in their dealings with the Committee. 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.
           (d) Role of Counsel for Witness. There shall be no direct
         or cross-examination by counsel for the witness. However,
         counsel for the witness may submit any question in writing to
         the Committee and request the Committee to propound such
         question to the counsel's client or to any other witness. The
         counsel for the witness also may suggest the presentation of
         other evidence or the calling of other witnesses. The
         Committee may use or dispose of such questions or suggestions
         as it deems appropriate.
           8.5. Statements by Witnesses.--Witnesses may make brief and
         relevant statements at the beginning and conclusion of their
         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 an 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, unless the
         Chairman and Vice Chairman determine there is good cause for
         noncompliance with the 48 hours requirement.
           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, the Committee may provide to a witness those
         parts of testimony given by that witness in executive session
         which are subsequently quoted or made part of a public
         record, at the expense of the witness.
           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 that person's reputation, may
         request in writing to appear personally before the Committee
         to testify 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 questioning 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 address such contempt recommendation or
         subpoena enforcement proceeding either in writing or in
         person, 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

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         Committee shall not be released prior to, or after, appearing
         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, as amended, or Rule 9.

       Rule 9. Procedures for Handling Classified or Committee Sensitive
                                    Material

           9.1. Committee staff offices shall operate under strict
         security procedures administered by the Committee Security
         Director under the direct supervision of the Staff Director
         and Minority Staff Director. 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 strictly prohibited except
         as is necessary for the conduct of Committee business, and as
         provided by these Rules. 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, in the possession or
         under the control of the Committee, and (1) is discussed or
         presented in an executive session of the Committee; (2)
         contains Committee work product; or (3) is 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 meet these
         criteria should be marked as such. 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, as amended. 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. (a) 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 received by, or in the possession of, the
         Committee to persons outside the Committee, except as
         specified in this rule.
           (b) Except as provided in subsection (c), with respect to
         the classified annex to the Committee's report accompanying
         the annual Intelligence Authorization Act, 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 of 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.
           (c) Except as authorized pursuant to subsection (d), the
         classified annex to the Committee's report accompanying the
         annual Intelligence Authorization Act may be disclosed only
         to the Executive Branch, the members and staff of the House
         Permanent Select Committee on Intelligence, and the members
         and staff of the Senate Committee on Appropriations if the
         recipients possess the appropriate security clearance and a
         need-to-know such information for the purpose of enacting an
         appropriations or authorization bill which includes an
         authorization or appropriation for intelligence agencies or
         programs.
           (d) Classified and committee sensitive information may 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, as amended.
           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, as amended.
         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.
           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.
           9.11. Attendance of agencies or entities that were not
         formally invited to a closed proceeding of the Committee
         shall not be admitted to the closed meeting except upon
         advance permission from the Chairman and Vice Chairman, or by
         the Staff Director and Minority Staff Director acting on
         their behalf.

                                 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,
         as amended.
           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, as amended,
         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

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         the Senate. The Chairman may authorize the Staff Director
         and the Staff Director's designee, and the Vice Chairman
         may authorize the Minority Staff Director and the Minority
         Staff Director's designee, to communicate with the media
         in a manner that does not divulge classified or committee
         sensitive information.
           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, as amended,
         and to abide by the Committee's code of conduct.
           10.7. As a precondition for employment on the Committee,
         each member of the Committee staff must agree in writing to
         notify the Committee of any request for testimony, either
         during service as a member of the Committee staff or at any
         time thereafter with respect to information obtained by
         virtue of employment 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, as
         amended, 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, revocation
         of the Committee sponsorship of the staff person's security
         clearance and 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. The audit element shall conduct audits and
         oversight projects that have been specifically authorized by
         the Chairman and Vice Chairman of the Committee, acting
         jointly through the Staff Director and Minority Staff
         Director. Staff shall be assigned to such element jointly by
         the Chairman and Vice Chairman, and staff with the principal
         responsibility for the conduct of an audit shall be qualified
         by training or experience 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 and/or Minority Staff Director may
         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 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
         available to all members of the Committee.
           12.2. Measures referred to the Committee may be referred by
         the Chairman and/or Vice Chairman to the appropriate
         department or agency of the Government for reports thereon.

                           rule 13. committee travel

           No member of the Committee or Committee Staff shall travel
         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.

                 rule 14. suspension and amendment of the rules

           14.1. 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.
           14.2. These Rules shall continue and remain in effect from
         one Congress to the next Congress unless they are changed as
         provided herein.

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