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9. Resolution Establishing a Select Committee on Intelligence

Partial text of S. Res. 400, 94th Congress, approved May 19, 1976

A RESOLUTION ESTABLISHING A 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 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 members appointed as follows:

(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; and

(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.

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 reports, the select committee shall proceed in a manner consistent with section 8(c)2) to protect national security.

10. Permanent Select Committee on Intelligence

Partial text of House Rule XLVIII (H. Res. 658), adopted July 14, 1977; as anes

ed by H. Res. 5, adopted January 15, 1979; H. Res. 70, adopted January 25, 147 H. Res. 89, adopted February 5, 1979; H. Res. 165, adopted March 29, 1979 Res. 58, adopted March 1, 1983; H. Res. 33, adopted January 30, 1985; H. Re: adopted January 6, 1987; H. Res. 5, adopted January 3, 1989

RULE XLVIII 1

PERMANENT SELECT COMMITTEE ON INTELLIGENCE 1. (a) There is hereby established a permanent select committe to be known as the Permanent Select Committee on Intelligers (hereinafter in this rule referred to as the "select committee"). TL select committee shall be composed of not more than ninete Members with representation to include at least one Member froc

(1) the Committee on Appropriations;
(2) the Committee on Armed Services;
(3) the Committee on Foreign Affairs; and

(4) the Committee on the Judiciary; (b) The majority leader of the House and the minority leaders the House shall be ex officio members of the select committee, bu shall have no vote in the committee and shall not be counted purposes of determining a quorum.

(c) No Member of the House may serve on the select commitz for more than six years of continuous service, exclusive of servis: by any Member of the House on such committee during the Ninety-fifth Congress. To the greatest extent practicable. at lezi four of the Members of the House appointed to the select commu tee at the beginning of the Ninety-seventh Congress and each Cor gress thereafter shall be Members of the House who did not serve on such committee during the preceding Congress.

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

(1) The Central Intelligence Agency and Director of Centra Intelligence.

(2) Intelligence and intelligence-related activities of all other departments and agencies of the government, including but not limited to, the intelligence and intelligence-related 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 De partment of the Treasury.

(3) The organization or reorganization of any department or agency of the Government to the extent that the organization

1 For full text of Rule XLVIII, see House Document No. 100-248, beginning at page 751

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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 and Director of Central Intelligence.

(B) The Defense Intelligence Agency.
(C) The National Security Agency.

(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.

(G) Any department, agency, or subdivision which is the successor to any agency named in subdivision (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 subdivision (D), (E), or (F), to the extent that the activities of such successor department, agency, or subdivision are activities described in

subdivision (D), (E), or (F). (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 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.

(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 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.

(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 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 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.

(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 2 regarding matters within the jurisdiction of the select committee.

9. Subject to the rules of the House, no funds shall be appropriated for any fiscal year beginning after September 30, 1978, 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.

(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. 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

2 Public Law 93-344. For text, see 88 Stat. 297.

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