[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).