IA
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:
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(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 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 commit-
tee and shall not be counted for purposes of determining
a quorum.
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(b)(1) Except as provided in paragraph (2), no Mem-
ber of the Congress shall serve continuously on the joint
committee for more than eight years, except that the in-
cumbent 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 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 four classes of initial terms; for
two years, four years, six years, and eight years, respec-
tively.
(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 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 eight years plus the remainder
of the session during which such service began.
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(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
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—
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(1) any intelligence activity conducted by any
agency or department of the Federal Government;
and
(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
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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 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.
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(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
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 mem-
ber thereof may administer oaths or affirmations to wit-
nesses.
(e) The joint committee shall, under such regulations
as the joint committee shall prescribe, make any informa-
tion in its possession available to any other committee or
Member of the Congress, and may permit any other Mem-
ber of the Congress to attend any hearing of the joint com-
mittee 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, re-
ceives any information under this subsection shall disclose
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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 com-
mittee 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 Gov-
ernment conducting any intelligence activity, shall keep
the joint committee fully and currently informed with re-
spect 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 infor-
mation originating within the joint committee, and the
records of the joint committee, in accordance with stand-
ards used generally by the executive branch of the Federal
Government for the classification of information. The joint
committee shall establish guidelines under which such in-
formation 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 infor-
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mation or records and has an appropriate security clear-
ance, as determined by the joint committee.
(b)(1) The joint committee may, subject to the provi-
sions of this subsection, disclose publicly any information
in the possession of the joint committee after a determina-
tion 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 classi-
fied 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 commit-
tee shall notify the President of such vote.
(B) The joint committee may disclose publicly such
information after the expiration of a five-day period fol-
lowing 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, noti-
fies 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
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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 consider-
ation.
(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 recommenda-
tion 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 priv-
ileged 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 inter-
vening 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 de-
clare a recess subject to the call of the Chair. At the expi-
ration of such recess, the pending question, in closed ses-
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tee, of any information which (1) relates to any intel-
ligence activity which is conducted by any agency or de-
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)(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 af-
firmation) shall be executed:
‘‘I do solemnly swear (or affirm) that I will not dis-
close any classified information received in the
course of my service with the joint committee, except
as authorized by the joint committee or in accord-
ance 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 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-
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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.
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 maximum rate of basic pay payable for
positions above grade GS–15 of the General Sched-
ule under section 5376 of title 5, United States
Code;
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(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-
tent services of experts or consultants by contract at rates
of pay not in excess of the daily equivalent of the maxi-
mum 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 com-
mittee, upon vouchers approved by the chairman of the
joint committee.
DEFINITION
SEC. 11. For purposes of this joint resolution—
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(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;
(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
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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(h)(1) of rule X of the Rules
of the House of Representatives is amended by inserting
‘‘and the Joint Committee on Intelligence’’ after ‘‘Appro-
priations’’.
(2) Clause 1(k)(2) 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 ju-
risdiction 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 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)(15) 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’’.
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(5) The matter following clause 1(i)(17) and clause
3(d) of rule X of the Rules of the House of Representa-
tives 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 Se-
lect 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 insert-
ing ‘‘the Joint Committee on Intelligence’’.
(8) 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
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(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 Com-
mittee on Intelligence of the Senate and the Perma-
nent Select Committee on Intelligence of the House
of Representatives’’ and inserting ‘‘Joint Committee
on Intelligence’’; and
(2) in paragraph (5), by striking ‘‘Select Com-
mittee on Intelligence of the Senate and to the Per-
manent 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 ‘‘intel-
ligence committees are’’ and inserting ‘‘joint com-
mittee 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 Com-
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mittee 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 respec-
tive’’ both places it appears and inserting ‘‘their re-
spective’’.
(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 intel-
ligence committee’’ and inserting ‘‘the joint commit-
tee’’.
(e) Section 504 of such Act is amended—
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(1) in subsection (d)(2), by striking ‘‘intel-
ligence committees’’ and inserting ‘‘joint commit-
tee’’; and
(2) in subsection (e)(2)—
(A) by striking ‘‘Permanent Select Com-
mittee 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 Com-
mittee on Intelligence.’’.
(g) 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’’.
(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 strik-
ing ‘‘Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on In-
telligence of the Senate’’ and inserting ‘‘Joint Committee
on Intelligence’’.
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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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