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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 130 Introduced in House (IH)]

104th CONGRESS
  1st Session
H. J. RES. 130

 Providing for the establishment of a Joint Committee on Intelligence.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 1995

Mr. Hyde introduced the following joint resolution; which was referred 
                       to the Committee on Rules

_______________________________________________________________________

                            JOINT RESOLUTION

 
 Providing for the establishment of a Joint Committee on Intelligence.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

                             establishment

    Section 1. There is established a Joint Committee on Intelligence 
(hereafter in this joint resolution referred to as the ``joint 
committee'').

                               membership

    Sec. 2. (a) The joint committee shall be composed of nine Members 
of the Senate and nine Members of the House of Representatives to be 
appointed as follows:
            (1) Five Members of the Senate from the majority party and 
        four Members of the Senate from the minority party shall be 
        appointed by the President pro tempore of the Senate, including 
        at least one but not more than two members from each of the 
        following committees: the Committee on Appropriations; the 
        Committee on Armed Services; the Committee on Foreign 
        Relations; and the Committee on the Judiciary.
            (2) Five Members of the House of Representatives from the 
        majority party and four Members of the House from the minority 
        party shall be appointed by the Speaker of the House, including 
        at least one but not more than two members from each of the 
        following committees: the Committee on Appropriations; the 
        Committee on National Security; the Committee on International 
        Relations; and the Committee on the Judiciary.
The majority leader and minority leader of the House of Representatives 
and the majority leader and minority leader of the Senate shall be ex 
officio members of the joint committee but shall have no vote in the 
joint committee and shall not be counted for purposes of determining a 
quorum.
    (b)(1) Except as provided in paragraph (2), no Member of the 
Congress shall serve continuously on the joint committee for more than 
eight years, except that the incumbent chairman or ranking minority 
member having served on the joint committee for eight years and having 
served as chairman or ranking minority member for not more than two 
years shall be eligible for reappointment to the joint committee as 
chairman or ranking minority member for an additional two years.
    (2)(A) Of the members of the joint committee initially appointed, 
three Members from the Senate, no more than two of whom are members of 
the same party, and three Members of the House of Representatives, no 
more than two of whom are members of the same party, shall be appointed 
to each of four classes of initial terms; for two years, four years, 
six years, and eight years, respectively.
    (B)(i) No member who begins service on the joint committee during 
the first session of a Congress shall serve continuously for more than 
seven years plus the remainder of the session during which such service 
began.
    (ii) No member who begins service on the joint committee during the 
second session of a Congress shall serve continuously for more than 
eight years plus the remainder of the session during which such service 
began.
    (c) Vacancies in the membership of the joint committee shall not 
affect the power of the remaining members to execute the functions of 
the joint committee and shall be filled in the same manner as in the 
case of the original appointment, for terms as provided in subsection 
(b).
    (d)(1) The joint committee shall select a chairman and a vice 
chairman from among its members at the beginning of each session of a 
Congress. The vice chairman shall act in the place and stead of the 
chairman in the absence of the chairman.
    (2) The chairmanship and the vice chairmanship of the joint 
committee shall alternate between the Senate and the House of 
Representatives with each session of a Congress. The chairman during 
each odd-numbered year shall be selected by the Members of the House of 
Representatives on the joint committee from among their number and the 
chairman during each even-numbered year shall be selected by the 
Members of the Senate on the joint committee from among their number. 
The vice chairman during each session of a Congress shall be chosen in 
the same manner from that House of Congress other than the House of 
Congress of which the chairman is a Member.

                                 duties

    Sec. 3. (a) The joint committee shall exercise exclusive 
legislative jurisdiction with respect to--
            (1) any intelligence activity conducted by any agency or 
        department of the Federal Government; and
            (2) 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 subparagraph (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 
                subparagraph (D), (E), or (F), to the extent that the 
                activities of such successor department, agency, or 
                subdivision are activities described in subparagraph 
                (D), (E), or (F).
    (b) The joint committee shall review and study on a continuing 
basis any intelligence activity conducted by any agency or department 
of the Federal Government.
    (c) In order to assist the Congress, the provisions of clause 2(a) 
and (b)(1) of rule X of the Rules of the House of Representatives, 
except for the last two sentences of clause 2 (b)(1), shall apply to 
the joint committee.

                                 powers

    Sec. 4. (a) The joint committee, or any duly authorized 
subcommittee thereof, is authorized to sit and act at such places and 
times during the sessions, recesses, and adjourned periods of the 
Congress, to require by subpoena the attendance of such witnesses and 
the production of such books, papers, and documents, to administer such 
oaths and affirmations, to take such testimony, to procure such 
printing and binding, and to make such expenditures, as it considers 
advisable.
    (b)(1) The joint committee may make such rules respecting its 
organization and procedures as it considers necessary, except that no 
recommendation shall be reported from the joint committee unless a 
majority of the joint committee assent.
    (2) Ten members of the joint committee shall constitute a quorum 
for reporting any recommendation.
    (c) Subpoenas may be issued over the signature of the chairman of 
the joint committee or of any member designated by the chairman or by 
the joint committee to the extent the chairman or such member is 
authorized by a majority of the joint committee to issue such 
subpoenas, and may be served by any person designated by such chairman 
or member.
    (d) The chairman of the joint committee or any member thereof may 
administer oaths or affirmations to witnesses.
    (e) The joint committee shall, under such regulations as the joint 
committee shall prescribe, make any information in its possession 
available to any other committee or Member of the Congress, and may 
permit any other Member of the Congress to attend any hearing of the 
joint committee which is closed to the public. Whenever the joint 
committee makes such information available, the joint committee shall 
keep a written record showing, in the case of any particular 
information, which committee or which Members of the Congress received 
such information. No Member of Congress who, and no committee which, 
receives any information under this subsection shall disclose such 
information except in a closed session of the House of Representatives 
or the Senate.
    (f) The joint committee may permit any individual designated by the 
President as a liaison to the joint committee to attend any meeting of 
the joint committee which is closed to the public.

           information from federal agencies and departments

    Sec. 5. Any agency or department of the Federal Government 
described in section 3(a)(2)(A) through (F) and any other agency or 
department of the Federal Government conducting any intelligence 
activity, shall keep the joint committee fully and currently informed 
with respect to any such activity. Any such agency or department shall 
furnish any periodic reports requested by the joint committee with 
respect to any such activity.

               classification and release of information

    Sec. 6. (a) The joint committee shall classify information 
originating within the joint committee, and the records of the joint 
committee, in accordance with standards used generally by the executive 
branch of the Federal Government for the classification of information. 
The joint committee shall establish guidelines under which such 
information and records may be (1) maintained; (2) used by the staff of 
the joint committee; and (3) made available to any Member of the 
Congress who requests such information or records and has an 
appropriate security clearance, as determined by the joint committee.
    (b)(1) The joint committee may, subject to the provisions of this 
subsection, disclose publicly any information in the possession of the 
joint committee after a determination by the joint committee that the 
public interest would be served by such disclosure.
    (2)(A) In any case in which the joint 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, the 
joint committee shall notify the President of such vote.
    (B) The joint 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 joint 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)(A) If the President notifies the joint committee of his 
objections to the disclosure of such information as provided in 
paragraph (2)(B), the joint committee may, by majority vote, refer the 
question of the disclosure of such information with a recommendation 
thereon to the House of Representatives and the Senate for 
consideration.
    (B) The joint committee shall not publicly disclose such 
information unless a two-thirds majority of each House has, by recorded 
vote in open session but without divulging the information with respect 
to which the vote is being taken, agreed to the recommendation of the 
joint committee to disclose such information.
    (C) If within four calendar days on which the House of 
Representatives is in session, after such recommendation is reported to 
the House, no motion has been made by the chairman or vice chairman of 
the joint committee to consider, in closed session, the matter reported 
under subparagraph (A), 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.
    (D) If the House adopts a motion to resolve into closed session, 
the Speaker shall then be 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 
recommendations of the joint committee?''.
    (E) After not more than two hours of debate on the motion, such 
debate to be equally divided and controlled by the chairman or vice 
chairman and ranking minority member of the joint 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 joint committee is not agreed to by a two-thirds 
majority, the question shall be deemed recommitted to the joint 
committee for further recommendation.

                                records

    Sec. 7. The joint committee shall keep a complete record of all 
joint committee actions, including a record of the votes on any 
question on which a record vote is demanded. All records, data, charts, 
and files of the joint committee shall be the property of the joint 
committee and shall be kept in the office of the joint committee or 
such other places as the joint committee may direct.

                 unauthorized disclosure of information

    Sec. 8. (a) The joint committee shall establish and carry out such 
rules and procedures as it considers necessary to prevent the 
disclosure, outside the joint committee, of any information which (1) 
relates to any intelligence activity which is conducted by any agency 
or department of the Federal Government; (2) is obtained by the joint 
committee, any member of the joint committee, or any member of the 
staff of the joint committee; and (3) is not authorized by the joint 
committee to be disclosed.
    (b)(1) Before any member of the joint committee or any member of 
the staff of the joint committee may have access to classified 
information, the following oath (or affirmation) shall be executed:
        ``I do solemnly swear (or affirm) that I will not disclose any 
        classified information received in the course of my service 
        with the joint committee, except as authorized by the joint 
        committee or in accordance with the rules of the joint 
        committee.''.
    (2) No member of the staff of the joint committee shall be given 
access to any classified information by the joint committee unless such 
staff member has received an appropriate security clearance as 
determined by the joint committee, in consultation with the Director of 
Central Intelligence and other appropriate intelligence community 
officials. The type of security clearance to be required in the case of 
any such staff member or any class of staff members shall, within the 
determination of the joint committee, in consultation with the Director 
of Central Intelligence and other appropriate intelligence community 
officials, be commensurate with the sensitivity of the classified 
information to which such staff member or class of staff members will 
be given access by the joint committee.
    (c)(1) The joint committee may take appropriate actions against any 
member of the joint committee, or any staff member of the joint 
committee, who violates any provision of this section or any guideline 
established under section 6.
    (2)(A) In the case of a member of the joint committee, such action 
may include (i) the censure of such member by the joint committee; (ii) 
the expulsion of such member from the joint committee, unless such 
expulsion is objected to, within five legislative days after the joint 
committee reports such expulsion, by a majority vote in the House of 
Congress of which such member is a Member; and (iii) recommendation to 
the Senate or the House of Representatives, as the case may be, by the 
joint committee that such member be censured or expelled by the Senate 
or the House of Representatives.
    (B) Unless an objection is adopted under subparagraph (A)(ii) of 
this paragraph, no member of the joint committee who the joint 
committee has expelled shall attend or participate in any meeting or 
activity of the joint committee.
    (3) In the case of a person serving on the staff of the joint 
committee, such action may include the immediate dismissal of such 
person. The joint committee shall report to the Attorney General of the 
United States any apparent violation of any Federal criminal law 
committed by any such person in connection with a violation of any 
provision of this section or any guidance established under section 6.

                                 staff

    Sec. 9. (a) In carrying out its functions under this joint 
resolution, the joint committee may, by record vote of a majority of 
the members of the joint committee--
            (1) appoint, on a permanent basis, without regard to 
        political affiliation and solely on the basis of fitness to 
        perform their duties, professional staff members and clerical 
        staff members;
            (2) prescribe the duties and responsibilities of such 
        staff;
            (3) fix the pay of such staff at rates not in excess of the 
        maximum rate of basic pay payable for positions above grade GS-
        15 of the General Schedule under section 5376 of title 5, 
        United States Code;
            (4) terminate the employment of such staff as the joint 
        committee may consider appropriate; and
            (5) require, at the time of appointment, all staff members 
        to agree in writing and under oath to the policy of the joint 
        committee governing the disclosure of classified information.
    (b) In carrying out any of its functions under this joint 
resolution, the joint committee may utilize, on a reimbursable basis, 
the services, information, facilities, and personnel of any agency or 
department of the Federal Government, and may procure the temporary or 
intermittent services of experts or consultants by contract at rates of 
pay not in excess of the daily equivalent of the maximum annual rate of 
basic pay payable for positions above grade GS-15 of the General 
Schedule under section 5376 of title 5, United States Code, including 
payment of such rates for necessary traveltime.

                                expenses

    Sec. 10. The expenses of the joint committee shall be paid one-half 
from the contingent fund of the House of Representatives and one-half 
from the contingent fund of the Senate, from funds appropriated for the 
joint committee, upon vouchers approved by the chairman of the joint 
committee.

                               definition

    Sec. 11. For purposes of this joint resolution--
            (1) the term ``intelligence activities'' includes--
                    (A) 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;
                    (B) activities taken to counter similar activities 
                directed against the United States;
                    (C) covert or clandestine activities affecting the 
                relations of the United States with any foreign 
                government, political group, party, military force, 
                movement, or other association; and
                    (D) 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; 
                and
            (2) the term ``staff'' includes any employee of the joint 
        committee and any person engaged by contract or otherwise to 
        perform services for the joint committee.

                                 rules

    Sec. 12. (a)(1) Clause 1(h)(1) of rule X of the Rules of the House 
of Representatives is amended by inserting ``and the Joint Committee on 
Intelligence'' after ``Appropriations''.
    (2) Clause 1(k)(2) of rule X of the Rules of the House of 
Representatives is amended by inserting immediately before the period 
at the end the following: ``, except for matters exclusively within the 
legislative jurisdiction of the Joint Committee on Intelligence''.
    (3) Clause 1(k)(4) of rule X of the Rules of the House of 
Representatives is amended by inserting immediately before the period 
at the end the following: ``, except for matters exclusively within the 
legislative jurisdiction of the Joint Committee on Intelligence''.
    (4) Clause 1(k)(15) of rule X of the Rules of the House of 
Representatives is amended by inserting immediately before the period 
at the end the following: ``, except for matters exclusively within the 
legislative jurisdiction of the Joint Committee on Intelligence''.
    (5) The matter following clause 1(i)(17) and clause 3(d) of rule X 
of the Rules of the House of Representatives are each amended by 
striking ``intelligence activities relating to foreign policy,''.
    (6) Clause 2(g)(2) of rule XI of the Rules of the House of 
Representatives is amended by striking ``, the Committee on National 
Security, and the Permanent Select Committee on Intelligence'' and 
inserting ``and the Committee on National Security''.
    (7) Clause 6(a)(2) of rule XI of the Rules of the House of 
Representatives is amended by striking ``the Permanent Select Committee 
on Intelligence'' and inserting ``the Joint Committee on 
Intelligence''.
    (8) Rule XLVIII of the Rules of the House of Representatives is 
repealed.
    (b) The provisions of this joint resolution are enacted by the 
Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and the Senate, respectively, and as such they 
        shall be considered as part of the rules of each House, 
        respectively, or of that House to which they specifically 
        apply, and such rules shall supersede other rules only to the 
        extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change such rules (so far as relating to such 
        House) at any time, in the same manner, and to the same extent 
        as in the case of any other rule of such House.

              amendments to national security act of 1947

    Sec. 13. (a) Section 104(d) of the National Security Agency of 1947 
(50 U.S.C. 403-4(d)) is amended--
            (1) in paragraph (4), by striking ``Select Committee on 
        Intelligence of the Senate and the Permanent Select Committee 
        on Intelligence of the House of Representatives'' and inserting 
        ``Joint Committee on Intelligence''; and
            (2) in paragraph (5), by striking ``Select Committee on 
        Intelligence of the Senate and to the Permanent Select 
        Committee on Intelligence of the House of Representatives'' and 
        inserting ``Joint Committee on Intelligence''.
    (b) Section 501 of such Act is amended--
            (1) in subsection (a)(1), by striking ``intelligence 
        committees are'' and inserting ``joint committee is'';
            (2) in subsection (a)(2), by striking ``the term'' and all 
        that follows through the period and inserting ``the term `joint 
        committee' means the Joint Committee on Intelligence (hereafter 
        in this title referred to as the `joint committee').'';
            (3) as amended by paragraph (1), by striking ``intelligence 
        committees'' each place it appears and inserting ``joint 
        committee'';
            (4) in subsection (d), by striking ``each of'' and 
        inserting ``the Members of each House on''; and
            (5) in subsection (d), by striking ``its respective'' both 
        places it appears and inserting ``their respective''.
    (c) Section 502 of such Act is amended--
            (1) by striking ``intelligence committees'' and inserting 
        ``joint committee'' each place it appears; and
            (2) in paragraph (2), by striking ``either of''.
    (d) Section 503 of such Act is amended--
            (1) by striking ``intelligence committees'' and inserting 
        ``joint committee'' each place it appears;
            (2) in subsection (b)(2), by striking ``either of''; and
            (3) in subsection (c)(3), by striking ``each intelligence 
        committee'' and inserting ``the joint committee''.
    (e) Section 504 of such Act is amended--
            (1) in subsection (d)(2), by striking ``intelligence 
        committees'' and inserting ``joint committee''; and
            (2) in subsection (e)(2)--
                    (A) by striking ``Permanent Select Committee on 
                Intelligence'' and inserting ``joint committee,''; and
                    (B) by striking ``and the Select Committee on 
                Intelligence'' and inserting a comma.
    (f) Section 602(c) of such Act is amended by striking ``Select 
Committee on Intelligence of the Senate'' and all that follows through 
the period and inserting ``Joint Committee on Intelligence.''.
    (g) Section 603 of the such Act is amended by striking ``submit to 
the Select'' and all that follows through ``House of Representatives'' 
and inserting ``submit to the Joint Committee on Intelligence''.
    (h) Section 701(c)(3) of such Act is amended by striking 
``intelligence committees'' and inserting ``Joint Committee on 
Intelligence''.
    (i) Section 801(b)(2) of such Act is amended by striking 
``Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the 
Senate'' and inserting ``Joint Committee on Intelligence''.

                             effective date

    Sec. 14. This Act shall take effect at the beginning of the first 
Congress beginning after the date of enactment of this Act.
                                 <all>
HJ 130 IH----2
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