Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress-Rule XLVIII.Permanent Select Committee on Intelligence

[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
[104th Congress]
[House Document 103-342]
[Rules of the House of Representatives]
[Pages 806-820]
[From the U.S. Government Publishing Office, www.gpo.gov]

Rule XLVIII.

PERMANENT SELECT COMMITTEE ON INTELLIGENCE.

Sec. 944a. Permanent Select Committee on
Intelligence.

1. (a) There is hereby established a permanent select committee to be
known as the Permanent Select Committee on Intelligence (hereinafter in
this rule referred to as the ``select committee''). The select committee
shall be composed of not more than sixteen Members, of whom not more
than nine may be from the same party. The select committee shall include
at least one Member from:

(1) the Committee on Appropriations;

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(2) the Committee on National Security;

(3) the Committee on International Relations; and

(4) the Committee on the Judiciary.

(b)(1) The Speaker of the House and the minority leader of the House
shall be ex officio members of the select committee, but shall have no
vote in the committee and shall not be counted for purposes of
determining a quorum.

(2) The Speaker and minority leader each may designate a
member of their leadership staff to assist them in their capacity as ex
officio members, with the same access to committee meetings, hearings,
briefings, and materials as if employees of the select committee, and
subject to the same security clearance and confidentiality requirements
as employees of the select committee under this rule.

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(c) No Member of the House other than the Speaker and the minority
leader may serve on the select committee during more than four
Congresses in any period of six successive Congresses (disregarding for
this purpose any service for less than a full session in any Congress),
except that the incumbent chairman or ranking minority member having
served on the select committee for four Congresses and having served as
chairman or ranking minority member for not more than one Congress shall
be eligible for reappointment to the select committee as chairman or
ranking minority member for one additional Congress.

2. (a) There shall be referred to the select committee all proposed
legislation, messages, petitions, memorials, and other matters relating
to the following:

(1) The Central Intelligence Agency and Director of Central
Intelligence, and the National Foreign Intelligence Program as defined
in section 3(6) of the National Security Act of 1947.

(2) Intelligence and intelligence-related activities of all
other departments and agencies of the Government, including, but not
limited to, the tactical intelligence and intelligence-related
activities of the Department of Defense.

(3) The organization or reorganization of any department or
agency of the Government to the extent that the organization or
reorganization relates to a function or activity involving intelligence
or intelligence-related activities.

(4) Authorizations for appropriations, both direct and
indirect, for the following:

(A) The Central Intelligence Agency, Director of
Central Intelligence, and the National Foreign Intelligence Program as
defined in section 3(6) of the National Security Act of 1947.

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ligence and intelligence-related activities of the Department of
Defense.
(B) Intelligence and intelligence-related activities
of all other departments and agencies of the Government, including, but
not limited to, the tactical intel

(C) Any department, agency, or subdivision, or program
that is a successor to any agency or program named or referred to in
subdivision (A) or (B).

(b) Any proposed legislation initially reported by the select
committee, except any legislation involving matters specified in
subparagraph (1) or (4) (A) of paragraph (a), containing any matter
otherwise within the jurisdiction of any standing committee shall, at
the request of the chairman of such standing committee, be referred to
such standing committee by the Speaker for its consideration of such
matter and be reported to the House by such standing committee within
the time prescribed by the Speaker in the referral; and any proposed
legislation initially reported by any committee, other than the select
committee, which contains any matter within the jurisdiction of the
select committee shall, at the request of the chairman of the select
committee, be referred by the Speaker to the select committee for its
consideration of such matter and be reported to the House within the
time prescribed by the Speaker in the referral.

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(c) Nothing in this rule shall be construed as prohibiting or
otherwise restricting the authority of any other committee to study and
review any intelligence or intelligence-related activity to the extent
that such activity directly affects a matter otherwise within the
jurisdiction of such committee.

(d) Nothing in the rule shall be construed as amending, limiting, or
otherwise changing the authority of any standing committee of the House
to obtain full and prompt access to the product of the intelligence and
intelligence-related activities of any department or agency of the
Government relevant to a matter otherwise within the jurisdiction of
such committee.

3. (a) The select committee, for the purposes of accountability to the
House, shall make regular and periodic reports to the House on the
nature and the extent of the intelligence and intelligence-related
activities of the various departments and agencies of the United States.
Such committee shall promptly call to the attention of the House or to
any other appropriate committee or committees of the House any matters
requiring the attention of the House or such other committee or
committees. In making such reports, the select committee shall proceed
in a manner consistent with clause 7 to protect national security.

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lic at the discretion of the select committee. Nothing herein shall be
construed as requiring the public disclosure in such reports of the
names of individuals engaged in intelligence or intelligence-related
activities for the United States or the divulging of intelligence
methods employed or the sources of information on which such reports are
based or the amount of funds authorized to be appropriated for
intelligence and intelligence-related activities.
(b) The select committee shall obtain an annual report from the
Director of the Central Intelligence Agency, the Secretary of Defense,
the Secretary of State, and the Director of the Federal Bureau of
Investigation. Such reports shall review the intelligence and
intelligence-related activities of the agency or department concerned
and the intelligence and intelligence-related activities of foreign
countries directed at the United States or its interest. An unclassified
version of each report may be made available to the pub

(c) On or before March 15 of each year, the select committee shall
submit to the Committee on the Budget of the House the views and
estimates described in section 301(c) of the Congressional Budget Act of
1974 regarding matters within the jurisdiction of the select committee.

4. To the extent not inconsistent with the provisions of this rule,
the provisions of clauses 1, 2, 3, and 5(a), (b), (c) and (6)(a), (b),
(c) of rule XI shall apply to the select committee, except that,
notwithstanding the requirements of the first sentence of clause 2(g)(2)
of rule XI, a majority of those present, there being in attendance the
requisite number required under the rules of the select committee to be
present for the purpose of taking testimony or receiving evidence, may
vote to close a hearing whenever the majority determines that such
testimony or evidence would endanger the national security.

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formation by such committee unless such employee or person has (1)
agreed in writing and under oath to be bound by the rules of the House
(including the jurisdiction of the Committee on Standards of Official
Conduct and of the select committee as to the security of such
information during and after the period of his employment or contractual
agreement with such committee); and (2) received an appropriate security
clearance as determined by such committee in consultation with the
Director of Central Intelligence. The type of security clearance to be
required in the case of any such employee or person shall, within the
determination of such committee in consultation with the Director of
Central Intelligence, be commensurate with the sensitivity of the
classified information to which such employee or person will be given
access by such committee.
5. No employee of the select committee or any person engaged by
contract or otherwise to perform services for or at the request of such
committee shall be given access to any classified in

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6. The select committee shall formulate and carry out such rules and
procedures as it deems necessary to prevent the disclosure, without the
consent of the person or persons concerned, of information in the
possession of such committee which unduly infringes upon the privacy or
which violates the constitutional rights of such person or persons.
Nothing herein shall be construed to prevent such committee from
publicly disclosing any such information in any case in which such
committee determines that national interest in the disclosure of such
information clearly outweighs any infringement on the privacy of any
person or persons.

7. (a) The select committee may, subject to the provisions of this
clause, disclose publicly any information in the possession of such
committee after a determination by such committee that the public
interest would be served by such disclosure. Whenever committee action
is required to disclose any information under this clause, the committee
shall meet to vote on the matter within five days after any member of
the committee requests such a vote. No member of the select committee
shall disclose any information, the disclosure of which requires a
committee vote, prior to a vote by the committee on the question of the
disclosure of such information or after such vote except in accordance
with this clause.

(b)(1) In any case in which the select committee votes to disclose
publicly any information which has been classified under established
security procedures, which has been submitted to it by the executive
branch, and which the executive branch requests be kept secret, such
committee shall notify the President of such vote.

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such disclosure is of such gravity that it outweighs any public
interest in the disclosure.
(2) The select committee may disclose publicly such information after
the expiration of a five-day period following the day on which notice of
such vote is transmitted to the President, unless, prior to the
expiration of such five-day period, the President, personally in
writing, notifies the committee that he objects to the disclosure of
such information, provides his reasons therefor, and certifies that the
threat to the national interest of the United States posed by

(3) If the President, personally, in writing, notifies the select
committee of his objections to the disclosure of such information as
provided in subparagraph (2), such committee may, by majority vote,
refer the question of this disclosure of such information with a
recommendation thereon to the House for consideration. The committee
shall not publicly disclose such information without leave of the House.

(4) Whenever the select committee votes to refer the question of
disclosure of any information to the House under subparagraph (3), the
chairman shall, not later than the first day on which the House is in
session following the day on which the vote occurs, report the matter to
the House for its consideration.

(5) If within four calendar days on which the House is in session,
after such recommendation is reported, no motion has been made by the
chairman of the select committee to consider, in closed session, the
matter reported under subparagraph (4), then such a motion will be
deemed privileged and may be made by any Member. The motion under this
subparagraph shall not be subject to debate or amendment. When made, it
shall be decided without intervening motion, except one motion to
adjourn.

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the pending question, in closed session, shall be, ``Shall the House
approve the recommendation of the select committee?''.
(6) If the House adopts a motion to resolve into closed session, the
Speaker shall then be authorized to declare a recess subject to the call
of the Chair. At the expiration of such recess,

(7) After not more than two hours of debate on the motion, such debate
to be equally divided and controlled by the chairman and ranking
minority member of the select committee, or their designees, the
previous question shall be considered as ordered and the House, without
intervening motion except one motion to adjourn, shall immediately vote
on the question, in open session but without divulging the information
with respect to which the vote is being taken. If the recommendation of
the select committee is not agreed to, the question shall be deemed
recommitted to the select committee for further recommendation.

(c)(1) No information in the possession of the select committee
relating to the lawful intelligence or intelligence-related activities
of any department or agency of the United States which has been
classified under established security procedures and which the select
committee, pursuant to paragraphs (a) or (b) of this clause, has
determined should not be disclosed shall be made available to any person
by a Member, officer, or employee of the House except as provided in
subparagraphs (2) and (3).

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Member of the House to attend any hearing of the committee which is
closed to the public. Whenever the select committee makes such
information available (other than to the Speaker), the committee shall
keep a written record showing, in the case of any particular
information, which committee or which Members of the House received such
information. No Member of the House who, and no committee which,
receives any information under this subparagraph, shall disclose such
information except in a closed session of the House.
(2) The select committee shall, under such regulations as the
committee shall prescribe, make any information described in
subparagraph (1) available to any other committee or any other Member of
the House and permit any other

(d) The Committee on Standards of Official Conduct shall investigate
any unauthorized disclosure of intelligence or intelligence-related
information by a Member, officer, or employee of the House in violation
of paragraph (c) and report to the House concerning any allegation which
it finds to be substantiated.

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a Member, or removal from office or employment or punishment for
contempt, in the case of an officer or employee.
(e) Upon the request of any person who is subject to any such
investigation, the Committee on Standards of Official Conduct shall
release to such individual at the conclusion of its investigation a
summary of its investigation, together with its findings. If, at the
conclusion of its investigation, the Committee on Standards of Official
Conduct determines that there has been a significant breach of
confidentiality or unauthorized disclosure by a Member, officer, or
employee of the House, it shall report its findings to the House and
recommend appropriate action such as censure, removal from committee
membership, or expulsion from the House, in the case of

8. The select committee is authorized to permit any personal
representative of the President, designated by the President to serve as
a liaison to such committee, to attend any closed meeting of such
committee.

9. Subject to the rules of the House, no funds shall be appropriated
for any fiscal year, with the exception of a continuing bill or
resolution continuing appropriations, or amendment thereto, or
conference report thereon, to, or for use of, any department or agency
of the United States to carry out any of the following activities,
unless such funds shall have been previously authorized by a bill or
joint resolution passed by the House during the same or preceding fiscal
year to carry out such activity for such fiscal year:

(a) The activities of the Central Intelligence Agency and the
Director of Central Intelligence.

(b) The activities of the Defense Intelligence Agency.

(d) The intelligence and intelligence related activities of
other agencies and subdivisions of the Department of Defense.

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(e) The intelligence and intelligence-related activities of
the Department of State.

(f) The intelligence and intelligence-related activities of
the Federal Bureau of Investigation, including all activities of the
Intelligence Division.

10. (a) As used in this rule, the term ``intelligence and
intelligence-related activities'' includes (1) the collection, analysis,
production, dissemination, or use of information which relates to any
foreign country, or any government, political group, party, military
force, movement or other association in such foreign country, and which
relates to the defense, foreign policy, national security, or related
policies of the United States, and other activity which is in support of
such activities; (2) activities taken to counter similar activities
directed against the United States; (3) covert or clandestine activities
affecting the relations of the United States with any foreign
government, political group, party, military force, movement, or other
association; (4) the collection, analysis, production, dissemination, or
use of information about activities of persons within the United States,
its territories and possessions, or nationals of the United States
abroad whose political and related activities pose, or may be considered
by any department, agency, bureau, office, division, instrumentality, or
employee of the United States to pose, a threat to the internal security
of the United States, and covert or clandestine activities directed
against such persons.

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council, establishment, or office within the Federal Government.
(b) As used in this rule, the term ``department or agency'' includes
any organization, committee,

(c) For purposes of this rule, reference to any department, agency,
bureau, or subdivision shall include a reference to any successor
department, agency, bureau, or subdivision to the extent that such
successor engages in intelligence or intelligence-related activities now
conducted by the department, agency, bureau, or subdivision referred to
in this rule.

11. Clause 6(a) of rule XXVIII does not apply to conference committee
meetings respecting legislation (or any part thereof) reported from the
Permanent Select Committee on Intelligence.

Sec. 944b.

This rule was adopted on July 14, 1977 (H. Res.
658, pp. 22932-49) and has had several technical amendments: (1) on
January 25, 1979, to change the size of the Select Committee from
thirteen to fourteen members (H. Res. 70, p. 1023); (2) on February 5,
1979, to change the name of the Committee on International Relations to
Foreign Affairs (H. Res. 89, pp. 1848-49); (3) on January 30, 1985, to
change the size to not more than sixteen members (H. Res. 33, p. 1271);
(4) in the 100th Congress to change the size to not more than seventeen
members and to change the cross-reference in clause 7(c)(1) to include
paragraph (a) or (b) (H. Res. 5, Jan. 6, 1987, p. 6); (5) in the 101st
Congress to change the size to not more than nineteen Members (H. Res.
5, Jan. 3, 1989, p. 73) and to permit the Speaker to attend meetings and
have access to information (H. Res. 268, Nov. 14, 1989, p. 28789); and
(6) in the 102d Congress to strike obsolete language relating to tenure
restrictions in clause 1 and relating to the requirement for
authorizations of appropriations in clause 9 (H. Res. 5, Jan. 3, 1991,
p. ----).

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to be determined by less than two members) (H. Res. 165, Mar. 29, 1979,
p. 6820); and (3) clause 4 was amended to provide the Select Committee
with permanent professional and clerical staff as provided by clauses 6
(a) and (b) of rule XI (H. Res. 58, Mar. 1, 1983, p. 3241).
More substantive amendments have been adopted as follows: (1) clause 4
was amended to make clause 6(c) of rule XI applicable to salaries of the
staff of the Permanent Select Committee (H. Res. 5, Jan. 15, 1979, pp.
7-16); (2) clause 4 was amended to make an exception to the provisions
of clause 2(g)(2) of rule XI (requiring a majority of the membership of
a committee be present in order to vote to close a hearing) to allow the
Select Committee to vote to go into executive session if a majority of
the members present, there being in attendance the requisite number
under the Select Committee rules for the purpose of taking testimony,
determine that it is necessary to do so for national security reasons
(but in no event

In the 104th Congress the rule was amended in several different
respects: (1) to limit the size of the panel to 16, with no more than
nine members from the same party; (2) to set the tenure limitation at
four Congresses within a period of six Congresses, with exceptions for
ongoing service as chairman or ranking minority member; (3) to make the
Speaker (rather than the Majority Leader) an ex officio member of the
panel (as opposed to his former free access to its meetings and
information); (4) to clarify jurisdiction over the National Foreign
Intelligence Program and the tactical intelligence and intelligence-
related activities of the Department of Defense; (5) to clarify staffing
arrangements for the Speaker and the Minority Leader as ex officio
members; and (6) to conform references to renamed committees (sec. 221,
H. Res. 6, Jan. 4, 1995, p. ----).

The resolution creating the Permanent Select Committee directed the
committee to make a study with respect to intelligence and intelligence-
related activities of the U.S. and to report thereon, together with
appropriate recommendations, not later than the close of the 95th
Congress (sec. 3, H. Res. 658; see H. Rept. 95-1795, Oct. 14, 1978), and
transferred to the Permanent Select Committee on Intelligence all
records, files, documents and other materials of the Select Committee on
Intelligence of the 94th Congress in the possession, custody, or control
of the Clerk of the House.

The Permanent Select Committee has concurrent jurisdiction with the
Committee on the Judiciary over bills concerning electronic surveillance
of foreign intelligence (Nov. 4, 1977, pp. 37070-71); concurrent
jurisdiction with the Committees on Science, Space, and Technology (now
Science) and Foreign Affairs (now International Relations) over a bill
establishing a satellite monitoring commission (Mar. 15, 1988, p. 3847);
and sole jurisdiction over a resolution of inquiry directing the
Secretary of Defense to furnish to the House documents and information
on Cuban or other foreign military or paramilitary presence in Panama or
the Canal Zone (Apr. 6, 1978, p. 9105).

Clause 7(b) of rule XLVIII places restrictions on the Select Committee
on Intelligence only with respect to the public disclosure of classified
information in the possession of that committee, and does not prevent
the House from determining to release any matter properly presented to
it in secret session pursuant to rule XXIX (Speaker pro tempore Wright,
Feb. 25, 1980, p. 3618).