IV 

109TH CONGRESS 

1ST SESSION H. RES. 25

Amending the Rules of the House of Representatives to establish a standing 

Committee on Homeland Security and a standing Committee on Intelligence and to allow the Committee on Appropriations to have 14 subcommittees (of which one is a Subcommittee on Intelligence), and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005

Mrs. MALONEY (for herself, Mr. SHAYS, Mr. HOLT, Mr. LEACH, Mr. CASE, 

and Ms. WATSON) submitted the following resolution; which was referred 

to the Committee on Rules 

RESOLUTION

Amending the Rules of the House of Representatives to 

establish a standing Committee on Homeland Security 

and a standing Committee on Intelligence and to allow 

the Committee on Appropriations to have 14 subcommittees (of which one is a Subcommittee on Intelligence), 

and for other purposes.

1 Resolved, That clause 1 of rule X of the Rules of the 

2 House of Representatives is amended by redesignating 

3 paragraphs (i) through (s) as paragraphs (j) through (t), 

4 respectively, and by inserting after paragraph (h) the fol5 lowing new paragraph: 
2

•HRES 25 IH 

1 ‘‘(i) Committee on Homeland Security.

2 ‘‘(1) The Department of Homeland Security. 

3 ‘‘(2) Homeland security, generally. 

4 The committee shall have exclusive jurisdiction over the 

5 matters referred to in subparagraphs (1) and (2).’’. 

6 COMMITTEE ON INTELLIGENCE

7 SEC. 2. (a) Clause 1 of rule X of the Rules of the 

8 House of Representatives (as amended by the first section 

9 of this resolution) is further amended by redesignating 

10 paragraphs (k) through (t) as paragraphs (l) through (u), 

11 respectively, and by inserting after paragraph (j) (as re12 designated by such first section) the following new para13 graph: 

14 ‘‘(k) Committee on Intelligence.

15 ‘‘(1) The Director of National Intelligence, the 

16 Central Intelligence Agency, the Director of Central 

17 Intelligence, and the National Foreign Intelligence 

18 Program as defined in section 3(6) of the National 

19 Security Act of 1947. 

20 ‘‘(2) Intelligence and intelligence-related activi21 ties of all other departments and agencies of the 

22 Government, including the tactical intelligence and 

23 intelligence-related activities of the Department of 

24 Defense. 

25 ‘‘(3) The organization or reorganization of a de26 partment or agency of the Government to the extent 
3

•HRES 25 IH 

1 that the organization or reorganization relates to a 

2 function or activity involving intelligence or intel3 ligence-related activities. 

4 ‘‘(4) Authorizations for appropriations, both di5 rect and indirect, for the following: 

6 ‘‘(A) The Director of National Intelligence, 

7 the Central Intelligence Agency, the Director of 

8 Central Intelligence, and the National Foreign 

9 Intelligence Program as defined in section 3(6) 

10 of the National Security Act of 1947. 

11 ‘‘(B) Intelligence and intelligence-related 

12 activities of all other departments and agencies 

13 of the Government, including the tactical intel14 ligence and intelligence-related activities of the 

15 Department of Defense. 

16 ‘‘(C) A department, agency, subdivision, or 

17 program that is a successor to an agency or 

18 program named or referred to in subdivision 

19 (A) or (B). 

20 The committee shall have exclusive jurisdiction over the 

21 matters referred to in subparagraphs (1) through (4).’’. 

22 (b) Clause 4 of rule X of the Rules of the House of 

23 Representatives is amended by adding at the end the fol24 lowing new paragraph: 
4

•HRES 25 IH 

1 ‘‘(g)(1) For purposes of accountability to the House, 

2 the Committee on Intelligence shall make regular and 

3 periodic reports to the House on the nature and extent 

4 of the intelligence and intelligence-related activities of the 

5 various departments and agencies of the United States. 

6 The committee shall promptly call to the attention of the 

7 House, or to any other appropriate committee, a matter 

8 requiring the attention of the House or another com9 mittee. In making such report, the committee shall pro10 ceed in a manner consistent with subparagraph (7) to pro11 tect national security. 

12 ‘‘(2) The Committee on Intelligence shall obtain an13 nual reports from the Director of National Intelligence, 

14 the Director of the Central Intelligence Agency, the Sec15 retary of Defense, the Secretary of State, and the Director 

16 of the Federal Bureau of Investigation. Such reports shall 

17 review the intelligence and intelligence-related activities of 

18 the agency or department concerned and the intelligence 

19 and intelligence-related activities of foreign countries di20 rected at the United States or its interests. An unclassified 

21 version of each report may be made available to the public 

22 at the discretion of the committee. Nothing herein shall 

23 be construed as requiring the public disclosure in such re24 ports of the names of persons engaged in intelligence or 

25 intelligence-related activities for the United States or the 
5

•HRES 25 IH 

1 divulging of intelligence methods employed or the sources 

2 of information on which the reports are based or the 

3 amount of funds authorized to be appropriated for intel4 ligence and intelligence-related activities. 

5 ‘‘(3) Within six weeks after the President submits a 

6 budget under section 1105(a) of title 31, United States 

7 Code, or at such time as the Committee on the Budget 

8 may request, the Committee on Intelligence shall submit 

9 to the Committee on the Budget the views and estimates 

10 described in section 301(d) of the Congressional Budget 

11 Act of 1974 regarding matters within the jurisdiction of 

12 the committee. 

13 ‘‘(4)(A) Except as specified in subdivision (B), 

14 clauses 8(a), (b), and (c) and 9(a), (b), and (c) of this 

15 rule, and clauses 1, 2, and 4 of rule XI shall apply to 

16 the Committee on Intelligence to the extent not incon17 sistent with this clause. 

18 ‘‘(B) Notwithstanding the requirements of the first 

19 sentence of clause 2(g)(2) of rule XI, in the presence of 

20 the number of members required under the rules of the 

21 Committee on Intelligence for the purpose of taking testi22 mony or receiving evidence, the committee may vote to

23 close a hearing whenever a majority of those present deter24 mines that the testimony or evidence would endanger the 

25 national security. 
6

•HRES 25 IH 

1 ‘‘(5) An employee of the Committee on Intelligence, 

2 or a person engaged by contract or otherwise to perform 

3 services for or at the request of the committee, may not 

4 be given access to any classified information by the com5 mittee unless such employee or person has—

6 ‘‘(A) agreed in writing and under oath to be 

7 bound by the Rules of the House, including the ju8 risdiction of the Committee on Standards of Official 

9 Conduct and of the Committee on Intelligence con10 cerning the security of classified information during 

11 and after the period of his employment or contrac12 tual agreement with the committee; and 

13 ‘‘(B) received an appropriate security clearance, 

14 as determined by the Committee on Intelligence in 

15 consultation with the Director of Central Intel16 ligence, that is commensurate with the sensitivity of 

17 the classified information to which such employee or 

18 person will be given access by the committee. 

19 ‘‘(6) The Committee on Intelligence shall formulate 

20 and carry out such rules and procedures as it considers 

21 necessary to prevent the disclosure, without the consent 

22 of each person concerned, of information in the possession 

23 of the committee that unduly infringes on the privacy or 

24 that violates the constitutional rights of such person. 

25 Nothing herein shall be construed to prevent the com-
7

•HRES 25 IH 

1 mittee from publicly disclosing classified information in a 

2 case in which it determines that national interest in the 

3 disclosure of classified information clearly outweighs any 

4 infringement on the privacy of a person. 

5 ‘‘(7)(A) The Committee on Intelligence may disclose 

6 publicly any information in its possession after a deter7 mination by the committee that the public interest would 

8 be served by such disclosure. With respect to the disclo9 sure of information for which this subparagraph requires 

10 action by the committee—

11 ‘‘(i) the committee shall meet to vote on the 

12 matter within five days after a member of the com13 mittee requests a vote; and 

14 ‘‘(ii) a member of the committee may not make 

15 such a disclosure before a vote by the committee on 

16 the matter, or after a vote by the committee on the 

17 matter except in accordance with this subparagraph. 

18 ‘‘(B)(i) In a case in which the Committee on Intel19 ligence votes to disclose publicly any information that has 

20 been classified under established security procedures, that 

21 has been submitted to it by the executive branch, and that 

22 the executive branch requests be kept secret, the com23 mittee shall notify the President of such vote. 

24 ‘‘(ii) The Committee on Intelligence may disclose 

25 publicly such information after the expiration of a five-
8

•HRES 25 IH 

1 day period following the day on which notice of the vote 

2 to disclose is transmitted to the President unless, before 

3 the expiration of the five-day period, the President, per4 sonally in writing, notifies the committee that he objects 

5 to the disclosure of such information, provides his reasons 

6 therefor, and certifies that the threat to the national inter7 est of the United States posed by the disclosure is of such 

8 gravity that it outweighs any public interest in the disclo9 sure. 

10 ‘‘(iii) If the President, personally in writing, notifies 

11 the committee of his objections to the disclosure of infor12 mation as provided in clause (ii), the committee may, by 

13 majority vote, refer the question of the disclosure of such 

14 information, with a recommendation thereon, to the 

15 House. The committee may not publicly disclose such in16 formation without leave of the House. 

17 ‘‘(iv) Whenever the committee votes to refer the ques18 tion of disclosure of any information to the House under 

19 clause (iii), the chairman shall, not later than the first 

20 day on which the House is in session following the day 

21 on which the vote occurs, report the matter to the House 

22 for its consideration. 

23 ‘‘(v) If the chairman of the committee does not offer 

24 in the House a motion to consider in closed session a mat25 ter reported under clause (iv) within four calendar days 
9

•HRES 25 IH 

1 on which the House is in session after the recommendation 

2 described in clause (iii) is reported, then such a motion 

3 shall be privileged when offered by a Member, Delegate, 

4 or Resident Commissioner. In either case such a motion 

5 shall be decided without debate or intervening motion ex6 cept one that the House adjourn. 

7 ‘‘(vi) Upon adoption by the House of a motion to re8 solve into closed session as described in clause (v), the 

9 Speaker may declare a recess subject to the call of the 

10 Chair. At the expiration of the recess, the pending ques11 tion, in closed session, shall be, ‘‘Shall the House approve 

12 the recommendation of the committee?’’. 

13 ‘‘(vii) Debate on the question described in clause (vi) 

14 shall be limited to two hours equally divided and controlled 

15 by the chairman and ranking minority member of the com16 mittee. After such debate the previous question shall be 

17 considered as ordered on the question of approving the 

18 recommendation without intervening motion except one 

19 motion that the House adjourn. The House shall vote on 

20 the question in open session but without divulging the in21 formation with respect to which the vote is taken. If the 

22 recommendation of the committee is not approved, then 

23 the question is considered as recommitted to the com24 mittee for further recommendation. 
10

•HRES 25 IH 

1 ‘‘(C)(i) Information in the possession of the Com2 mittee on Intelligence relating to the lawful intelligence 

3 or intelligence-related activities of a department or agency 

4 of the United States that has been classified under estab5 lished security procedures, and that the committee has de6 termined should not be disclosed under subdivision (A) or 

7 (B), may not be made available to any person by a Mem8 ber, Delegate, Resident Commissioner, officer, or em9 ployee of the House except as provided in clause (ii). 

10 ‘‘(ii) The Committee on Intelligence shall, under such 

11 regulations as it may prescribe, make information de12 scribed in clause (i) available to a committee or a Member, 

13 Delegate, or Resident Commissioner, and permit a Mem14 ber, Delegate, or Resident Commissioner to attend a hear15 ing of the committee that is closed to the public. Whenever 

16 the committee makes such information available, it shall 

17 keep a written record showing, in the case of particular 

18 information, which committee or which Member, Delegate, 

19 or Resident Commissioner received the information. A 

20 Member, Delegate, or Resident Commissioner who, and a 

21 committee that, receives information under this clause

22 may not disclose the information except in a closed session 

23 of the House. 

24 ‘‘(D) The Committee on Standards of Official Con25 duct shall investigate any unauthorized disclosure of intel-
11

•HRES 25 IH 

1 ligence or intelligence-related information by a Member, 

2 Delegate, Resident Commissioner, officer, or employee of 

3 the House in violation of subdivision (C) and report to 

4 the House concerning any allegation that it finds to be 

5 substantiated. 

6 ‘‘(E) Upon the request of a person who is subject to 

7 an investigation described in subdivision (D), the Com8 mittee on Standards of Official Conduct shall release to 

9 such person at the conclusion of its investigation a sum10 mary of its investigation, together with its findings. If, at 

11 the conclusion of its investigation, the Committee on 

12 Standards of Official Conduct determines that there has 

13 been a significant breach of confidentiality or unauthor14 ized disclosure by a Member, Delegate, Resident Commis15 sioner, officer, or employee of the House, it shall report 

16 its findings to the House and recommend appropriate ac17 tion. Recommendations may include censure, removal 

18 from committee membership, or expulsion from the House, 

19 in the case of a Member, or removal from office or employ20 ment or punishment for contempt, in the case of an officer 

21 or employee. 

22 ‘‘(F) The Committee on Intelligence may permit a 

23 personal representative of the President, designated by the 

24 President to serve as a liaison to the committee, to attend 

25 any closed meeting of the committee. 
12

•HRES 25 IH 

1 ‘‘(G) Subject to the Rules of the House, funds may 

2 not be appropriated for a fiscal year, with the exception 

3 of a bill or joint resolution continuing appropriations, or 

4 an amendment thereto, or a conference report thereon, to, 

5 or for use of, a department or agency of the United States 

6 to carry out any of the following activities, unless the 

7 funds shall previously have been authorized by a bill or 

8 joint resolution passed by the House during the same or 

9 preceding fiscal year to carry out such activity for such 

10 fiscal year: 

11 ‘‘(i) The activities of the Central Intelligence 

12 Agency and the Director of Central Intelligence. 

13 ‘‘(ii) The activities of the Defense Intelligence 

14 Agency. 

15 ‘‘(iii) The activities of the National Security 

16 Agency. 

17 ‘‘(iv) The intelligence and intelligence-related 

18 activities of other agencies and subdivisions of the 

19 Department of Defense. 

20 ‘‘(v) The intelligence and intelligence-related ac21 tivities of the Department of State. 

22 ‘‘(vi) The intelligence and intelligence-related 

23 activities of the Federal Bureau of Investigation, in24 cluding all activities of the Intelligence Division. 
13

•HRES 25 IH 

1 ‘‘(vii) The activities of the Director of National 

2 Intelligence. 

3 ‘‘(H)(i) In this clause, the term ‘intelligence and in4 telligence-related activities’ includes—

5 ‘‘(I) the collection, analysis, production, dis6 semination, or use of information that relates to a 

7 foreign country, or a government, political group, 

8 party, military force, movement, or other association 

9 in a foreign country, and that relates to the defense, 

10 foreign policy, national security, or related policies of 

11 the United States and other activity in support of 

12 the collection, analysis, production, dissemination, or 

13 use of such information; 

14 ‘‘(II) activities taken to counter similar activi15 ties directed against the United States; 

16 ‘‘(III) covert or clandestine activities affecting 

17 the relations of the United States with a foreign 

18 government, political group, party, military force, 

19 movement, or other association; 

20 ‘‘(IV) the collection, analysis, production, dis21 semination, or use of information about activities of 

22 persons within the United States, its territories and 

23 possessions, or nationals of the United States abroad 

24 whose political and related activities pose, or may be 

25 considered by a department, agency, bureau, office, 
14

•HRES 25 IH 

1 division, instrumentality, or employee of the United 

2 States to pose, a threat to the internal security of 

3 the United States; and 

4 ‘‘(V) covert or clandestine activities directed 

5 against persons described in (IV). 

6 ‘‘(ii) In this clause, the term ‘department or agency’ 

7 includes any organization, committee, council, establish8 ment, or office within the Federal Government. 

9 ‘‘(iii) For purposes of this clause, reference to a de10 partment, agency, bureau, or subdivision shall include a 

11 reference to any successor department, agency, bureau, or 

12 subdivision to the extent that a successor engages in intel13 ligence or intelligence-related activities now conducted by 

14 the department, agency, bureau, or subdivision referred to 

15 in this clause. 

16 ‘‘(I) Clause 12(a) of rule XXII does not apply to 

17 meetings of a conference committee respecting legislation 

18 (or any part thereof) reported by the Committee on Intel19 ligence.’’. 

20 (c) Clause 5(a) of rule X of the Rules of the House 

21 of Representatives is amended by adding at the end the 

22 following new subparagraph: 

23 ‘‘(4)(A) The Committee on Intelligence shall be com24 posed of not more than 18 Members, Delegates, or the 

25 Resident Commissioner, of whom not more than 10 may 
15

•HRES 25 IH 

1 be from the same party. The committee shall include at 

2 least one Member, Delegate, or the Resident Commis3 sioner from each of the following committees: 

4 ‘‘(i) The Committee on Appropriations. 

5 ‘‘(ii) The Committee on Armed Services. 

6 ‘‘(iii) The Committee on International Rela7 tions. 

8 ‘‘(iv) The Committee on the Judiciary. 

9 ‘‘(B) The Speaker and the Minority Leader shall be 

10 ex officio members of the Committee on Intelligence, but 

11 shall have no vote in the committee and may not be count12 ed for purposes of determining a quorum. 

13 ‘‘(C) The Speaker and Minority Leader each may 

14 designate a member of his leadership staff to assist him 

15 in his capacity as ex officio member, with the same access 

16 to committee meetings, hearings, briefings, and materials 

17 as employees of the committee and subject to the same 

18 security clearance and confidentiality requirements as em19 ployees of the committee under this clause.’’. 

20 SUBCOMMITTEE LIMITATION ON COMMITTEE ON

21 APPROPRIATIONS

22 SEC. 3. The second sentence of clause 5(d)(2) of rule 

23 X of the Rules of the House of Representatives is amended 

24 by striking ‘‘13’’ and inserting ‘‘14 (of which one is a Sub25 committee on Intelligence)’’. 
16

•HRES 25 IH 

1 MEMBERSHIP ON COMMITTEE ON APPROPRIATIONS

2 SEC. 4. Clause 5 of rule X of the Rules of the House 

3 of Representatives is amended by adding at the end the 

4 following new paragraph: 

5 ‘‘(f) One-third of the members of the Committee on 

6 Intelligence (but if such number is not an even-number 

7 divisible by three, then the next highest even-number that 

8 is divisible by three) shall be members of the Committee 

9 on Appropriations, of whom not more than one-half shall 

10 be from the same party.’’. 

11 CONFORMING AMENDMENTS

12 SEC. 5. (a) Clause 3(l) of rule X of the Rules of the 

13 House of Representatives is amended by striking ‘‘Perma14 nent Select’’ and by striking ‘‘clause 11(b)(1)(A)’’ and in15 serting ‘‘clause 1(k)’’. 

16 (b) Clause 9(a)(2) of rule X of the Rules of the House 

17 of Representatives is amended by striking ‘‘Permanent Se18 lect’’. 

19 (c) Clause 11 of rule 10 of the Rules of the House 

20 of Representatives is repealed. 

21 (d) Clause 2(g)(2)(D) of rule 11 of the Rules of the 

22 House of Representatives is amended by striking ‘‘Perma23 nent Select’’.

Æ