Congressional Record, Volume 171 Issue 38 (Wednesday, February 26, 2025)

[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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