    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
    [105th Congress]
    [House Document 104-272]
    [Rules of the House of Representatives]
    [Pages 842-855]
    [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:

    [[Page 843]]

              (1) the Committee on Appropriations;

              (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.

    [Page 844]

      (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.

    [[Page 845]]

    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.

    [[Page 846]]

      (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.

    [[Page 847]]

    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) Within 6 weeks after the President submits a budget under section
    1105(a) of title 31, United States Code, the select committee shall
    submit to the Committee on the Budget of the House the views and
    estimates described in section 301(d) 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.

    [[Page 848]]

    form services for or at the request of such
    committee shall be given access to any classified information 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 per-

    [[Page 849]]

    clearly outweighs any infringement on the privacy of any person or persons.
      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

      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.

    [[Page 850]]

    therefor, and certifies that the threat to the national interest of the
    United States posed by 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

      (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.

    [[Page 851]]

    authorized to declare a recess subject to the call of the Chair. At
    the expiration of such recess, 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

      (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).

    [[Page 852]]

    available to any other committee or any other Member of
    the House and permit any other 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)

      (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.

    [[Page 853]]

    censure, removal from committee membership, or expulsion from the House,
    in the case of a Member, or removal from office or employment or punishment
    for contempt, in the case of an officer or employee.
      (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

      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.

              (c) The activities of the National Security Agency.

    [[Page 854]]

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

              (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.

    [[Page 855]]

      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.

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

      (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 in the 95th Congress (H.
    Res. 658, July 14, 1977, pp. 22932-49) and has had several technical
    amendments: (1) to change the size of the Select Committee from 13 to 14
    members (H. Res. 70, 96th Cong., Jan. 25, 1979, p. 1023); (2) to reflect
    a change in the name of a committee (H. Res. 89, 96th Cong., Feb. 5,
    1979, pp. 1848-49); (3) to change the size to not more than 16 members
    (H. Res. 33, 99th Cong., Jan. 30, 1985, p. 1271); (4) to change the size
    to not more than 17 members and to change the cross-reference in clause
    7(c)(1) to include paragraph (a) or (b) (H. Res. 5, 100th Cong., Jan. 6,
    1987, p. 6); (5) to change the size to not more than 19 members (H. Res.
    5, 101st Cong., 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); (6) 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, 102d Cong., Jan. 3, 1991, p. 39);
    and (7) to make certain conforming changes (Budget Enforcement Act of
    1997 (sec. 10104, P.L. 105-33))..

    [[Pge 856]]

    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 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

      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).