[Congressional Record (Bound Edition), Volume 153 (2007), Part 4]
[Senate]
[Pages 5158-5161]
[From the U.S. Government Publishing Office, www.gpo.gov]




          SELECT COMMITTEE ON INTELLIGENCE RULES OF PROCEDURE

  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the 
Rules of Procedure of the Select Committee on Intelligence be printed 
in the Record pursuant to paragraph 2 of rule XXVI of the Standing 
Rules of the Senate.
  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 other Wednesday of each month, unless otherwise 
     directed by the Chairman.
       1.2. The Chairman shall have authority, upon notice, to 
     call such additional meetings of the Committee as he 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

[[Page 5159]]

     ranking majority member, or if no majority member is present 
     the ranking minority member present, shall preside.
       2.4. Except as otherwise provided in these Rules, decisions 
     of the Committee shall be by a majority vote of the members 
     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 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; and (3) is limited to a specific measure 
     or matter and any amendments pertaining thereto. 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, 
     favorably or unfavorably, from the Committee unless a 
     majority of the Committee is actually 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 his 
     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 working days 
     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 the Committee, nominations 
     referred to the Committee shall be held for at least 14 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. No confirmation hearing shall be held sooner than 
     seven days after receipt of the background and financial 
     disclosure statement unless the time limit is waived by a 
     majority vote of the Committee.
       5.5. The Committee vote on the confirmation shall not be 
     sooner than 48 hours after the Committee has received 
     transcripts of the confirmation hearing 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 background and financial disclosure 
     statement with the Committee.


                         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, 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 shall be given under 
     oath or affirmation which may be administered by any member 
     of the Committee.
       8.3. Interrogation.--Committee interrogation 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) Any witness may be 
     accompanied by counsel. 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.
       (b) Counsel shall conduct themselves in an ethical and 
     professional manner. 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.
       (c) There shall be no direct or cross-examination by 
     counsel. However, counsel may submit in writing any question 
     he wishes propounded to his client or to any other witness 
     and may, at the conclusion of his client's testimony, suggest 
     the presentation of other evidence or the calling of other 
     witnesses. The Committee may use such questions and dispose 
     of such suggestions as it deems appropriate.
       8.5. Statements by Witnesses.--A witness may make a 
     statement, which shall be brief and relevant, at the 
     beginning and conclusion of his or her 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 a 
     paper and 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.
       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, those parts of testimony given by a witness in 
     executive session which are subsequently quoted or made part 
     of a public record shall be made available to that witness at 
     his or her expense.
       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 his or her reputation may request to 
     appear personally before the Committee to testify on his or 
     her own behalf, 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 
     cross-examination 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 state in writing or in person why he or she 
     should not be held in contempt or that the subpoena be 
     otherwise enforced, 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 Committee shall not be released prior to, or after, his 
     or her appearance 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 or Rule 9.7.

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   rule 9. procedures for handling classified or committee sensitive 
                                material

       9.1. Committee staff offices shall operate under strict 
     precautions. 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 prohibited except as is 
     necessary for the conduct of Committee business, and in 
     conformity with Rule 10.3 hereof. 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, within the meaning of 
     paragraph 5 of Rule XXIX of the Standing Rules of the Senate, 
     and is: (1) in the possession or under the control of the 
     Committee; (2) discussed or presented in an executive session 
     of the Committee; (3) the work product of a Committee member 
     or staff member; (4) properly identified or marked by a 
     Committee member or staff member who authored the document; 
     or (5) 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 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. 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. 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 in the 
     possession of the Committee to any other person, except as 
     specified in this rule. 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 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. Otherwise, classified and committee sensitive 
     information may only 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.
       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. 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.


                             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.
       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 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 
     the Senate.
       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, and to 
     abide by the Committee's code of conduct.
       10.7. 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 
     notify the Committee or, in the event of the Committee's 
     termination, the Senate of any request for his or her 
     testimony, either during his or her tenure as a member of the 
     Committee staff or at any time thereafter with respect to 
     information which came into his or her possession by virtue 
     of his or her position 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 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.

[[Page 5161]]


       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, 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. Such element shall be comprised of persons 
     qualified by training and/or experience to carry out such 
     functions 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 shall 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 printed 
     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 
     revised from time to time to show pertinent changes. A copy 
     of each such revision shall be furnished to each member of 
     the Committee.
       12.2. Unless otherwise ordered by them, measures referred 
     to the Committee shall be referred by the Chairman and Vice 
     Chairman to the appropriate department or agency of the 
     Government for reports thereon.


                       rule 13. committee travel

       13.1. No member of the Committee or Committee staff shall 
     travel abroad 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.
       13.2. No member of the Committee staff shall travel within 
     this country on Committee business unless specifically 
     authorized by the Staff Director.


                       Rule 14. changes in rules

       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.

                          ____________________