IA
103D CONGRESS
1ST SESSION
H. J. RES. 145
Providing for the establishment of a Joint Committee on Intelligence.
IN THE HOUSE OF REPRESENTATIVES
MARCH 10, 1993
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’’).
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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 ma-
jority party and four Members of the Senate from
the minority party shall be appointed by the Presi-
dent pro tempore of the Senate, including at least
one but not more than two members from each of
the following committees: the Committee on Appro-
priations; the Committee on Armed Services; the
Committee on Foreign Relations; and the Committee
on the Judiciary.
(2) Five members of the House of Representa-
tives from the majority party and four Members of
the House from the minority party shall be ap-
pointed 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 Ap-
propriations; the Committee on Armed Services; the
Committee on Foreign Affairs; 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
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joint committee but shall have no vote in the joint commit-
tee and shall not be counted for purposes of determining
a quorum.
(b)(1) Except as provided in paragraph (2), no Mem-
ber of the Congress shall serve continuously on the joint
committee for more than six years.
(2)(A) Of the members of the joint committee ini-
tially 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 three classes of initial terms; for
two years, four years, and six 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 five years plus the re-
mainder of the session during which such service began.
(ii) No member who begins service on the joint com-
mittee during the second session of a Congress shall serve
continuously for more than six years plus the remainder
of the session during which such service began.
(c) Vacancies in the membership of the joint commit-
tee shall not affect the power of the remaining members
to execute the functions of the joint committee and shall
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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 be-
ginning 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 Con-
gress. The chairman during each odd-numbered year shall
be selected by the Members of the House of Representa-
tives on the joint committee from among their number and
the chairman during each even-numbered year shall be se-
lected by the Members of the Senate on the joint commit-
tee 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 exclu-
sive legislative jurisdiction with respect to—
(1) any intelligence activity conducted by any
agency or department of the Federal Government;
and
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(2) authorizations for appropriations, both di-
rect 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-relat-
ed activities of other agencies and subdivisions
of the Department of Defense.
(E) The intelligence and intelligence-relat-
ed activities of the Department of State.
(F) The intelligence and intelligence-relat-
ed activities of the Federal Bureau of Investiga-
tion, including all activities of the Intelligence
Division.
(G) Any department, agency, or subdivi-
sion 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 de-
partment, 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).
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(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 author-
ized 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 re-
specting its organization and procedures as it considers
necessary, except that no recommendation shall be re-
ported from the joint committee unless a majority of the
joint committee assent.
(2) Ten members of the joint committee shall con-
stitute 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
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(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 pre-
vious 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 nec-
essary to prevent the disclosure, outside the joint commit-
tee, of any information which (1) relates to any intel-
ligence activity which is conducted by any agency or de-
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partment 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 dis-
closed.
(b) 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 In-
telligence 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 com-
mittee, in consultation with the Director of Central Intel-
ligence and other appropriate intelligence community offi-
cials, be commensurate with the sensitivity of the classi-
fied 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 ac-
tions against any member of the joint committee, or any
staff member of the joint committee, who violates any pro-
vision of this section or any guideline established under
section 6.
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(2)(A) In the case of a member of the joint commit-
tee, such action may include (i) the censure of such mem-
ber by the joint committee; (ii) the expulsion of such mem-
ber from the joint committee, unless such expulsion is ob-
jected to, within five legislative days after the joint com-
mittee 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 commit-
tee that such member be censured or expelled by the Sen-
ate or the House of Representatives.
(B) Unless an objection is adopted under subpara-
graph (A)(ii) of this paragraph, no member of the joint
committee who the joint committee has expelled shall at-
tend 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 imme-
diate 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.
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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 re-
gard 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 ex-
cess of the rate of basic pay payable for grade GS–
18 of the General Schedule under section 5332(a) 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 disclo-
sure of classified information.
(b) In carrying out any of its functions under this
joint resolution, the joint committee may utilize, on a re-
imbursable basis, the services, information, facilities, and
personnel of any agency or department of the Federal
Government, and may procure the temporary or intermit-
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tent services of experts or consultants by contract at rates
of pay not in excess of the daily equivalent of the annual
rate of basic pay payable for grade GS–18 of the General
Schedule under section 5332(a) 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 com-
mittee, 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, dis-
semination, or use of information which relates
to any foreign country, or any government, po-
litical 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 Unit-
ed States, and other activity which is in support
of such activities;
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(B) activities taken to counter similar ac-
tivities directed against the United States;
(C) covert or clandestine activities affect-
ing the relations of the United States with any
foreign government, political group, party, mili-
tary force, movement, or other association; and
(D) the collection, analysis, production,
dissemination, or use of information about ac-
tivities of persons within the United States, its
territories and possessions, or nationals of the
United States abroad whose political and relat-
ed activities pose, or may be considered by any
department, agency, bureau, office, division, in-
strumentality, or employee of the United States
to pose, a threat to the internal security of the
United States, and covert or clandestine activi-
ties directed against such persons; and
(2) the term ‘‘staff’’ includes any employee of
the joint committee and any person engaged by con-
tract or otherwise to perform services for the joint
committee.
RULES
SEC. 12. (a)(1) Clause 1(c)(1) of rule X of the Rules
of the House of Representatives is amended by inserting
immediately before the period at the end the following:
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‘‘, except for matters exclusively within the legislative ju-
risdiction of the Joint Committee on Intelligence’’.
(2) Clause 1(c)(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(c)(10) of rule X of the Rules of the
House of Representatives is amended by inserting imme-
diately 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)(1) of rule X of the Rules of the
House of Representatives is amended by inserting imme-
diately before the period at the end the following: ‘‘, except
for matters exclusively within the legislative jurisdiction
of the Joint Committee on Intelligence’’.
(5) Clause 3(d) of rule X of the Rules of the House
of Representatives is amended by striking ‘‘intelligence ac-
tivities relating to foreign policy,’’.
(6) Clause 2(g)(2)(B) of rule XI of the Rules of the
House of Representatives is amended by striking ‘‘, the
Committee on Armed Services, and the Permanent Select
Committee on Intelligence’’ and inserting ‘‘and the Com-
mittee on Armed Services’’.
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(7) Rule XLVIII of the Rules of the House of Rep-
resentatives 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, re-
spectively, 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 ex-
tent 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 501 of the National Security Act
of 1947 (50 U.S.C. 413) is amended—
(1) in subsection (a)(2) by striking ‘‘Select
Committee on Intelligence of the Senate’’ and all
that follows through the period and inserting ‘‘Joint
Committee on Intelligence (hereafter in this title re-
ferred to as the ‘joint committee’).’’;
(2) by striking ‘‘intelligence committees’’ each
place it appears and inserting ‘‘joint committee’’;
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(3) in subsection (d) by striking ‘‘each of’’ and
inserting ‘‘the Members of each House on’’; and
(4) in subsection (d) by striking ‘‘its respective’’
both places it appears and inserting ‘‘their respec-
tive’’.
(b) Section 504(e)(2) of such Act is amended—
(1) by striking ‘‘Permanent Select Committee
on Intelligence and’’ inserting ‘‘joint committee,’’;
and
(2) by striking ‘‘and the Select Committee on
Intelligence’’ and inserting a comma.
(c) 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 Com-
mittee on Intelligence.’’.
(d) Section 603 of the such Act is amended by strik-
ing ‘‘submit to the Select’’ and all that follows through
‘‘House of Representatives’’ and inserting ‘‘submit to the
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.
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