    [United States Senate Manual, 104th Congress]
    [S. Doc. 104-1]
    [Non-statutory Standing Orders and Regulations Affecting the Business of the Senate]
    [Pages 128-140]
    [From the U.S. Government Publishing Office, www.gpo.gov]

         79.13                SELECT COMMITTEE ON INTELLIGENCE

                    Resolved, That it is the purpose of this resolution to
                establish a new select committee of the Senate, to be known
                as the Select Committee on Intelligence, to oversee and make
                continuing studies of the intelligence activities and
                programs of the United States Government, and to submit to
                the Senate appropriate proposals for legislation and report
                to the Senate concerning such intelligence activities and
                programs. In carrying out this purpose, the Select Committee
                on Intelligence shall make every effort to assure that the
                appropriate departments and agencies of the United States
                provide informed and timely intelligence necessary for the
                executive and legislative branches to make

    [[Page 129]]

                sound decisions affecting the security and vital interests
                of the Nation. It is further the purpose of this resolution
                to provide vigilant legislative oversight over the
                intelligence activities of the United States to assure that
                such activities are in conformity with the Constitution and
                laws of the United States.
                    Sec. 2. (a) (1) There is hereby established a select
                committee to be known as the Select Committee on
                Intelligence (hereinafter in this resolution referred to as
                the ``select committee''). The select committee shall be
                composed of fifteen\1\ members appointed as follows:
    ---------------------------------------------------------------------------
                    \1\See paragraph 3(b) of rule XXV of the Standing Rules,
                Senate Manual section 25.3b.
    ---------------------------------------------------------------------------
                            (A) two members from the Committee on
                        Appropriations;
                            (B) two members from the Committee on Armed
                        Services;
                            (C) two members from the Committee on Foreign
                        Relations;
                            (D) two members from the Committee on the
                        Judiciary; and
                            (E) seven members to be appointed from the
                        Senate at large.
                    (2) Members appointed from each committee named in
                clauses (A) through (D) of paragraph (1) shall be evenly
                divided between the two major political parties and shall be
                appointed by the President pro tempore of the Senate upon
                the recommendations of the majority and minority leaders of
                the Senate. Four of the members appointed under clause (E)
                of paragraph (1) shall be appointed by the President pro
                tempore of the Senate upon the recommendation of the
                majority leader of the Senate and three shall be appointed
                by the President pro tempore of the Senate upon the
                recommendation of the minority leader of the Senate.
                    (3) The majority leader of the Senate and the minority
                leader of the Senate 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.
                    (b) No Senator may serve on the select committee for
                more than eight years of continuous service, exclusive of
                service by any Senator on such committee during the Ninety-
                fourth Congress. To the greatest extent practicable, one-

    [[Page 130]]

                third of the Members of the Senate appointed to the select
                committee at the beginning of the Ninety-seventh Congress
                and each Congress thereafter shall be Members of the Senate
                who did not serve on such committee during the preceding
                Congress.
                    (c) At the beginning of each Congress, the Members of
                the Senate who are members of the majority party of the
                Senate shall elect a chairman for the select committee, and
                the Members of the Senate who are from the minority party of
                the Senate shall elect a vice chairman for such committee.
                The vice chairman shall act in the place and stead of the
                chairman in the absence of the chairman. Neither the
                chairman nor the vice chairman of the select committee shall
                at the same time serve as chairman or ranking minority
                member of any other committee referred to in paragraph
                4(e)(1)\1\ of rule XXV of the Standing Rules of the Senate.
    ---------------------------------------------------------------------------
                    \1\Changed from ``paragraph 6(e)(1)'' as a result of the
                adoption of S. Res. 274, 96-1, Nov. 14, 1979.
    ---------------------------------------------------------------------------
                    Sec. 3. (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 the
                        Director of Central Intelligence.
                            (2) Intelligence activities of all other
                        departments and agencies of the Government,
                        including, but not limited to, the intelligence
                        activities of the Defense Intelligence Agency, the
                        National Security Agency, and other agencies of the
                        Department of Defense; the Department of State; the
                        Department of Justice; and the Department of the
                        Treasury.
                            (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
                        activities.
                            (4) Authorizations for appropriations, both
                        direct and indirect, for the following:
                                    (A) The Central Intelligence Agency and
                                Director of Central Intelligence.
                                    (B) The Defense Intelligence Agency.
                                    (C) The National Security Agency.
                                    (D) The intelligence activities of other
                                agencies and subdivisions of the Department
                                of Defense.

    [[Page 131]]

                                    (E) The intelligence activities of the
                                Department of State.
                                    (F) The intelligence activities of the
                                Federal Bureau of Investigation, including
                                all activities of the Intelligence Division.
                                    (G) Any department, agency, or
                                subdivision which is the successor to any
                                agency named in clause (A), (B), or (C); and
                                the activities of any department, agency, or
                                subdivision which is the successor to any
                                department, agency, bureau, or subdivision
                                named in clause (D), (E), or (F) to the
                                extent that the activities of such successor
                                department, agency, or subdivision are
                                activities described in clause (D), (E), or
                                (F).
                    (b) Any proposed legislation reported by the select
                committee, except any legislation involving matters
                specified in clause (1) or (4)(A) of subsection (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 for its consideration of such matter and be
                reported to the Senate by such standing committee within
                thirty days after the day on which such proposed legislation
                is referred to such standing committee; and any proposed
                legislation 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 to the select
                committee for its consideration of such matter and be
                reported to the Senate by the select committee within thirty
                days after the day on which such proposed legislation is
                referred to such committee. In any case in which a committee
                fails to report any proposed legislation referred to it
                within the time limit prescribed herein, such committee
                shall be automatically discharged from further consideration
                of such proposed legislation on the thirtieth day following
                the day on which such proposed legislation is referred to
                such committee unless the Senate provides otherwise. In
                computing any thirty-day period under this paragraph there
                shall be excluded from such computation any days on which
                the Senate is not in session.
                    (c) Nothing in this resolution shall be construed as
                prohibiting or otherwise restricting the authority of any
                other committee to study and review any intelligence
                activity to

    [[Page 132]]

                the extent that such activity directly affects a matter
                otherwise within the jurisdiction of such committee.
                    (d) Nothing in this resolution shall be construed as
                amending, limiting, or otherwise changing the authority of
                any standing committee of the Senate to obtain full and
                prompt access to the product of the intelligence activities
                of any department or agency of the Government relevant to a
                matter otherwise within the jurisidiction of such committee.
                    Sec. 4. (a) The select committee, for the purposes of
                accountability to the Senate, shall make regular and
                periodic reports to the Senate on the nature and extent of
                the intelligence activities of the various departments and
                agencies of the United States. Such committee shall promptly
                call to the attention of the Senate or to any other
                appropriate committee or committees of the Senate any
                matters requiring the attention of the Senate or such other
                committee or committees. In making such report, the select
                committee shall proceed in a manner consistent with section
                8(c)(2) to protect national security.
                    (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 activities of the
                agency or department concerned and the intelligence
                activities of foreign countries directed at the United
                States or its interest. An unclassified version of each
                report may be made available to the public 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 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 activities.

                    (c) On or before March 15 of each year, the select
                committee shall submit to the Committee on the Budget of the
                Senate 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.

                    Sec. 5. (a) For the purposes of this resolution, the
                select committee is authorized in its discretion (1) to make
                investigations into any matter within its jurisdiction, (2)
                to

    [[Page 133]]

                make expenditures from the contingent fund of the Senate,
                (3) to employ personnel, (4) to hold hearings, (5) to sit
                and act at any time or place during the sessions, recesses,
                and adjourned periods of the Senate, (6) to require, by
                subpena or otherwise, the attendance of witnesses and the
                production of correspondence, books, papers, and documents,
                (7) to take depositions and other testimony, (8) to procure
                the service of individual consultants or organizations
                thereof, in accordance with the provisions of section 202(i)
                of the Legislative Reorganization Act of 1946, and (9) with
                the prior consent of the Government department or agency
                concerned and the Committee on Rules and Administration, to
                use on a reimbursable basis the services of personnel of any
                such department or agency.

                    (b) The chairman of the select committee or any member
                thereof may administer oaths to witnesses.

                    (c) Subpenas authorized by the select committee may be
                issued over the signature of the chairman, the vice chairman
                or any member of the select committee designated by the
                chairman, and may be served by any person designated by the
                chairman or any member signing the subpenas.
                    Sec. 6. 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 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 Senate (including
                the jurisdiction of the Select Committee on Standards and
                Conduct\1\ and of such 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.
    ---------------------------------------------------------------------------
                    \1\Name changed to the Select Committee on Ethics by S.
                Res. 4, 95-1, Feb. 4, 1977.

    ---------------------------------------------------------------------------

    [[Page 134]]

                    Sec. 7. 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 the national
                interest in the disclosure of such information clearly
                outweighs any infringement on the privacy of any person or
                persons.
                    Sec. 8. (a) The select committee may, subject to the
                provisions of this section, 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
                section, 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 section.
                    (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.
                    (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 such
                disclosure is of such gravity that it outweighs any public
                interest in the disclosure.
                    (3) If the President, personally in writing, notifies
                the select committee of his objections to the disclosure of
                such information as provided in paragraph (2), such
                committee

    [[Page 135]]

                may, by majority vote, refer the question of the disclosure
                of such information to the Senate for consideration. The
                committee shall not publicly disclose such information
                without leave of the Senate.
                    (4) Whenever the select committee votes to refer the
                question of disclosure of any information to the Senate
                under paragraph (3), the chairman shall not later than the
                first day on which the Senate is in session following the
                day on which the vote occurs, report the matter to the
                Senate for its consideration.
                    (5) One hour after the Senate convenes on the fourth day
                on which the Senate is in session following the day on which
                any such matter is reported to the Senate, or at such
                earlier time as the majority leader and the minority leader
                of the Senate jointly agree upon in accordance with
                paragraph 5 of rule XVII of the Standing Rules of the
                Senate,\1\ the Senate shall go into closed session and the
                matter shall be the pending business. In considering the
                matter in closed session the Senate may--
    ---------------------------------------------------------------------------
                    \1\Changed from ``section 133(f) of the Legislative
                Reorganization Act of 1946'' as a result of the adoption of
                S. Res. 274, 96-1, Nov. 14, 1979; further changed from
                ``paragraph 5 of rule XXVII'' as a result of the adoption of
                S. Res. 389, 96-2, Mar. 25, 1980.
    ---------------------------------------------------------------------------
                            (A) approve the public disclosure of all or any
                        portion of the information in question, in which
                        case the committee shall publicly disclose the
                        information ordered to be disclosed,
                            (B) disapprove the public disclosure of all or
                        any portion of the information in question, in which
                        case the committee shall not publicly disclose the
                        information ordered not to be disclosed, or
                            (C) refer all or any portion of the matter back
                        to the committee, in which case the committee shall
                        make the final determination with respect to the
                        public disclosure of the information in question.
                Upon conclusion of the consideration of such matter in
                closed session, which may not extend beyond the close of the
                ninth day on which the Senate is in session following the
                day on which such matter was reported to the Senate, or the
                close of the fifth day following the day agreed upon jointly
                by the majority and minority leaders in accordance with
                paragraph 5 of rule XVII of the Standing Rules of the
                Senate\2\ (whichever the case may be), the Senate shall
                immediately vote on the disposition of

    [[Page 136]]

                such matter in open session, without debate, and without
                divulging the information with respect to which the vote is
                being taken. The Senate shall vote to dispose of such matter
                by one or more of the means specified in clauses (A), (B),
                and (C) of the second sentence of this paragraph. Any vote
                of the Senate to disclose any information pursuant to this
                paragraph shall be subject to the right of a Member of the
                Senate to move for reconsideration of the vote within the
                time and pursuant to the procedures specified in rule XIII
                of the Standing Rules of the Senate, and the disclosure of
                such information shall be made consistent with that right.
    ---------------------------------------------------------------------------
                    \2\Ibid.
    ---------------------------------------------------------------------------
                    (c)(1) No information in the possession of the select
                committee relating to the lawful intelligence 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 subsection (a) or (b) of
                this section, has determined should not be disclosed shall
                be made available to any person by a Member, officer, or
                employee of the Senate except in a closed session of the
                Senate or as provided in paragraph (2).
                    (2) The select committee may, under such regulations as
                the committee shall prescribe to protect the confidentiality
                of such information, make any information described in
                paragraph (1) available to any other committee or any other
                Member of the Senate. Whenever the select committee makes
                such information available, the committee shall keep a
                written record showing, in the case of any particular
                information, which committee or which Members of the Senate
                received such information. No Member of the Senate who, and
                no committee which, receives any information under this
                subsection, shall disclose such information except in a
                closed session of the Senate.
                    (d) It shall be the duty of the Select Committee on
                Standards and Conduct\1\ to investigate any unauthorized
                disclosure of intelligence information by a Member, officer
                or employee of the Senate in violation of subsection (c) and
                to report to the Senate concerning any allegation which it
                finds to be substantiated.
    ---------------------------------------------------------------------------
                    \1\Name changed to the Select Committee on Ethics by S.
                Res. 4, 95-1, Feb. 4, 1977.
    ---------------------------------------------------------------------------
                    (e) Upon the request of any person who is subject to any
                such investigation, the Select Committee on Standards and
                Conduct\1\ shall release to such individual at the
                conclusion

    [[Page 137]]

                of its investigation a summary of its investigation together
                with its findings. If, at the conclusion of its
                investigation, the Select Committee on Standards and
                Conduct\1\ determines that there has been a significant
                breach of confidentiality or unauthorized disclosure by a
                Member, officer, or employee of the Senate, it shall report
                its findings to the Senate and recommend appropriate action
                such as censure, removal from committee membership, or
                expulsion from the Senate, in the case of a Member, or
                removal from office or employment or punishment for
                contempt, in the case of an officer or employee.
                    Sec. 9. 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.
                    Sec. 10. Upon expiration of the Select Committee on
                Governmental Operations With Respect to Intelligence
                Activities, established by Senate Resolution 21, Ninety-
                fourth Congress, all records, files, documents, and other
                materials in the possession, custody, or control of such
                committee, under appropriate conditions established by it,
                shall be transferred to the select committee.
                    Sec. 11. (a) It is the sense of the Senate that the head
                of each department and agency of the United States should
                keep the select committee fully and currently informed with
                respect to intelligence activities, including any
                significant anticipated activities, which are the
                responsibility of or engaged in by such department or
                agency: Provided, That this does not constitute a condition
                precedent to the implementation of any such anticipated
                intelligence activity.
                    (b) It is the sense of the Senate that the head of any
                department or agency of the United States involved in any
                intelligence activities should furnish any information or
                document in the possession, custody, or control of the
                department or agency, or person paid by such department or
                agency, whenever requested by the select committee with
                respect to any matter within such committee's jurisdiction.
                    (c) It is the sense of the Senate that each department
                and agency of the United States should report immediately
                upon discovery to the select committee any and all
                intelligence activities which constitute violations of the
                constitutional rights of any person, violations of law, or
                viola-

    [[Page 138]]

                tions of Executive orders, presidential directives, or
                departmental or agency rules or regulations; each department
                and agency should further report to such committee what
                actions have been taken or are expected to be taken by the
                departments or agencies with respect to such violations.
                    Sec. 12. Subject to the Standing Rules of the Senate, no
                funds shall be appropriated for any fiscal year beginning
                after September 30, 1976, with the exception of a continuing
                bill or resolution, 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
                Senate during the same or preceding fiscal year to carry out
                such activity for such fiscal year:
                            (1) The activities of the Central Intelligence
                        Agency and the Director of Central Intelligence.
                            (2) The activities of the Defense Intelligence
                        Agency.
                            (3) The activities of the National Security
                        Agency.
                            (4) The intelligence activities of other
                        agencies and subdivisions of the Department of
                        Defense.
                            (5) The intelligence activities of the
                        Department of State.
                            (6) The intelligence activities of the Federal
                        Bureau of Investigation, including all activities of
                        the Intelligence Division.
                    Sec. 13. (a) The select committee shall make a study
                with respect to the following matters, taking into
                consideration with respect to each such matter, all relevant
                aspects of the effectiveness of planning, gathering, use,
                security, and dissemination of intelligence:
                            (1) the quality of the analytical capabilities
                        of United States foreign intelligence agencies and
                        means for integrating more closely analytical
                        intelligence and policy formulation;
                            (2) the extent and nature of the authority of
                        the departments and agencies of the executive branch
                        to engage in intelligence activities and the
                        desirability of developing charters for each
                        intelligence agency or department;
                            (3) the organization of intelligence activities
                        in the executive branch to maximize the
                        effectiveness of the conduct, oversight, and
                        accountability of intelligence

    [[Page 139]]

                        activities; to reduce duplication or overlap; and to
                        improve the morale of the personnel of the foreign
                        intelligence agencies;
                            (4) the conduct of covert and clandestine
                        activities and the procedures by which Congress is
                        informed of such activities;
                            (5) the desirability of changing any law, Senate
                        rule or procedure, or any Executive order, rule, or
                        regulation to improve the protection of intelligence
                        secrets and provide from disclosure of information
                        for which there is no compelling reason for secrecy;
                            (6) the desirability of establishing a standing
                        committee of the Senate on intelligence activities;
                            (7) the desirability of establishing a joint
                        committee of the Senate and the House of
                        Representatives on intelligence activities in lieu
                        of having separate committees in each House of
                        Congress, or of establishing procedures under which
                        separate committees on intelligence activities of
                        the two Houses of Congress would receive joint
                        briefings from the intelligence agencies and
                        coordinate their policies with respect to the
                        safeguarding of sensitive intelligence information;
                            (8) the authorization of funds for the
                        intelligence activities of the Government and
                        whether disclosure of any of the amounts of such
                        funds is in the public interest; and
                            (9) the development of a uniform set of
                        definitions for terms to be used in policies or
                        guidelines which may be adopted by the executive or
                        legislative branches to govern, clarify, and
                        strengthen the operation of intelligence activities.
                    (b) The select committee may, in its discretion, omit
                from the special study required by this section any matter
                it determines has been adequately studied by the Select
                Committee To Study Governmental Operations With Respect to
                Intelligence Activities, established by Senate Resolution
                21, Ninety-fourth Congress.
                    (c) The select committee shall report the results of the
                study provided for by this section to the Senate, together
                with any recommendations for legislative or other actions it
                deems appropriate, no later than July 1, 1977, and from time
                to time thereafter as it deems appropriate.
                    Sec. 14. (a) As used in this resolution, the term
                ``intelligence activities'' includes (1) the collection,
                analysis, production, dissemination, or use of information
                which relates

    [[Page 140]]

                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. Such term does not include
                tactical foreign military intelligence serving no national
                policymaking function.
                    (b) As used in this resolution, the term ``department or
                agency'' includes any organization, committee, council,
                establishment, or office within the Federal Government.
                    (c) For purposes of this resolution, 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 activities now conducted by the department,
                agency, bureau, or subdivision referred to in this
                resolution.
                    Sec. 15. (This section authorized funds for the select
                committee for the period May 19, 1976, through Feb. 28,
                1977.)
                    Sec. 16. Nothing in this resolution shall be construed
                as constituting acquiescence by the Senate in any practice,
                or in the conduct of any activity, not otherwise authorized
                by law.

                [S. Res. 400, 94-2, May 19, 1976; S. Res. 4, 95-1, Feb. 4,
                    1977.]