[Senate Prints 113-7]
[From the U.S. Government Printing Office]
113th Congress
1st Session COMMITTEE PRINT S. Prt.
113-7
_______________________________________________________________________
RULES OF PROCEDURE
FOR THE
SELECT COMMITTEE
ON INTELLIGENCE
UNITED STATES SENATE
(Adopted June 23, 1976)
(Amended June 26, 1987)
(Amended October 24, 1990)
(Amended February 25, 1993)
(Amended February 22, 1995)
(Amended January 26, 2005)
(Amended March 15, 2005)
(Amended March 1, 2007)
(Amended February 24, 2009)
(Amended February 15, 2011)
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SELECT COMMITTEE ON INTELLIGENCE
DIANNE FEINSTEIN, California, Chairman
SAXBY CHAMBLISS, Georgia, Vice Chairman
JOHN D. ROCKEFELLER IV, West RICHARD BURR, North Carolina
Virginia JAMES E. RISCH, Idaho
RON WYDEN, Oregon DANIEL COATS, Indiana
BARBARA A. MIKULSKI, Maryland MARCO RUBIO, Florida
MARK UDALL, Colorado SUSAN COLLINS, Maine
MARK WARNER, Virginia TOM COBURN, Oklahoma
MARTIN HEINRICH, New Mexico
ANGUS KING, Maine
HARRY REID, Nevada, Ex Officio
MITCH McCONNELL, Kentucky, Ex Officio
CARL LEVIN, Michigan, Ex Officio
JAMES INHOFE, Oklahoma, Ex Officio
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David Grannis, Staff Director
Martha Scott Poindexter, Minority Staff Director
Kathleen P. McGhee, Chief Clerk
CONTENTS
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Rule 1. Convening of Meetings.................................... 1
Rule 2. Meeting Procedures....................................... 1
Rule 3. Subcommittees............................................ 2
Rule 4. Reporting of Measures or Recommendations................. 2
Rule 5. Nominations.............................................. 2
Rule 6. Investigations........................................... 3
Rule 7. Subpoenas................................................ 3
Rule 8. Procedures Related to the Taking of Testimony............ 3
Rule 9. Procedures for Handling Classified or Committee Sensitive
Material....................................................... 5
Rule 10. Staff................................................... 7
Rule 11. Preparation for Committee Meetings...................... 9
Rule 12. Legislative Calendar.................................... 9
Rule 13. Committee Travel........................................ 9
Rule 14. Changes in Rules........................................ 9
Appendix A S. Res. 400, 94th Cong., 2d session (1976)............ 10
Appendix B Titles III and IV of S. Res. 445, 108th Cong., 2d
session (2004)................................................. 20
Appendix C Rule 26.5(b) of the Standing Rules of the Senate...... 21
Rules of Procedure
of the
Select Committee on Intelligence
Rule 1. Convening of Meetings
1.1. The regular meeting day of the Select Committee on
Intelligence for the transaction of Committee business shall be
every other Tuesday of each month, unless otherwise directed by
the Chairman.
1.2. The Chairman shall have authority, upon notice, to
call such additional meetings of the Committee as the Chairman
may deem necessary and may delegate such authority to any other
member of the Committee.
1.3. A special meeting of the Committee may be called at
any time upon the written request of five or more members of
the Committee filed with the Clerk of the Committee.
1.4. In the case of any meeting of the Committee, other
than a regularly scheduled meeting, the Clerk of the Committee
shall notify every member of the Committee of the time and
place of the meeting and shall give reasonable notice which,
except in extraordinary circumstances, shall be at least 24
hours in advance of any meeting held in Washington, D.C. and at
least 48 hours in the case of any meeting held outside
Washington, D.C.
1.5. If five members of the Committee have made a request
in writing to the Chairman to call a meeting of the Committee,
and the Chairman fails to call such a meeting within seven
calendar days thereafter, including the day on which the
written notice is submitted, these members may call a meeting
by filing a written notice with the Clerk of the Committee who
shall promptly notify each member of the Committee in writing
of the date and time of the meeting.
Rule 2. Meeting Procedures
2.1. Meetings of the Committee shall be open to the public
except as provided in paragraph 5(b) of Rule XXVI of the
Standing Rules of the Senate.
2.2. It shall be the duty of the Staff Director to keep or
cause to be kept a record of all Committee proceedings.
2.3. The Chairman of the Committee, or if the Chairman is
not present the Vice Chairman, shall preside over all meetings
of the Committee. In the absence of the Chairman and the Vice
Chairman at any meeting, the Ranking Majority member, or if no
majority member is present the Ranking Minority member present,
shall preside.
2.4. Except as otherwise provided in these Rules, decisions
of the Committee shall be by a majority vote of the members
present and voting. A quorum for the transaction of Committee
business, including the conduct of executive sessions, shall
consist of no less than one third of the Committee members,
except that for the purpose of hearing witnesses, taking sworn
testimony, and receiving evidence under oath, a quorum may
consist of one Senator.
2.5. A vote by any member of the Committee with respect to
any measure or matter being considered by the Committee may be
cast by proxy if the proxy authorization (1) is in writing; (2)
designates the member of the Committee who is to exercise the
proxy; and (3) is limited to a specific measure or matter and
any amendments pertaining thereto. Proxies shall not be
considered for the establishment of a quorum.
2.6. Whenever the Committee by roll call vote reports any
measure or matter, the report of the Committee upon such
measure or matter shall include a tabulation of the votes cast
in favor of and the votes cast in opposition to such measure or
matter by each member of the Committee.
Rule 3. Subcommittees
Creation of subcommittees shall be by majority vote of the
Committee. Subcommittees shall deal with such legislation and
oversight of programs and policies as the Committee may direct.
The subcommittees shall be governed by the Rules of the
Committee and by such other rules they may adopt which are
consistent with the Rules of the Committee. Each subcommittee
created shall have a chairman and a vice chairman who are
selected by the Chairman and Vice Chairman, respectively.
Rule 4. Reporting of Measures or Recommendations
4.1. No measures or recommendations shall be reported,
favorably or unfavorably, from the Committee unless a majority
of the Committee is actually present and a majority concur.
4.2. In any case in which the Committee is unable to reach
a unanimous decision, separate views or reports may be
presented by any member or members of the Committee.
4.3. A member of the Committee who gives notice of
intention to file supplemental, minority, or additional views
at the time of final Committee approval of a measure or matter,
shall be entitled to not less than three working days in which
to file such views, in writing with the Clerk of the Committee.
Such views shall then be included in the Committee report and
printed in the same volume, as a part thereof, and their
inclusion shall be noted on the cover of the report.
4.4. Routine, non-legislative actions required of the
Committee may be taken in accordance with procedures that have
been approved by the Committee pursuant to these Committee
Rules.
Rule 5. Nominations
5.1. Unless otherwise ordered by the Committee, nominations
referred to the Committee shall be held for at least 14 days
before being voted on by the Committee.
5.2. Each member of the Committee shall be promptly
furnished a copy of all nominations referred to the Committee.
5.3. Nominees who are invited to appear before the
Committee shall be heard in public session, except as provided
in Rule 2.1.
5.4. No confirmation hearing shall be held sooner than
seven days after receipt of the background and financial
disclosure statement unless the time limit is waived by a
majority vote of the Committee.
5.5. The Committee vote on the confirmation shall not be
sooner than 48 hours after the Committee has received
transcripts of the confirmation hearing unless the time limit
is waived by unanimous consent of the Committee.
5.6. No nomination shall be reported to the Senate unless
the nominee has filed a background and financial disclosure
statement with the Committee.
Rule 6. Investigations
No investigation shall be initiated by the Committee unless
at least five members of the Committee have specifically
requested the Chairman or the Vice Chairman to authorize such
an investigation. Authorized investigations may be conducted by
members of the Committee and/or designated Committee staff
members.
Rule 7. Subpoenas
Subpoenas authorized by the Committee for the attendance of
witnesses or the production of memoranda, documents, records,
or any other material may be issued by the Chairman, the Vice
Chairman, or any member of the Committee designated by the
Chairman, and may be served by any person designated by the
Chairman, Vice Chairman or member issuing the subpoenas. Each
subpoena shall have attached thereto a copy of S. Res. 400 of
the 94th Congress, and a copy of these rules.
Rule 8. Procedures Related to the Taking of Testimony
8.1. Notice.--Witnesses required to appear before the
Committee shall be given reasonable notice and all witnesses
shall be furnished a copy of these Rules.
8.2. Oath or Affirmation.--At the direction of the Chairman
or Vice Chairman, testimony of witnesses shall be given under
oath or affirmation which may be administered by any member of
the Committee.
8.3. Interrogation.--Committee interrogation shall be
conducted by members of the Committee and such Committee staff
as are authorized by the Chairman, Vice Chairman, or the
presiding member.
8.4. Counsel for the Witness.--(a) Any witness may be
accompanied by counsel. A witness who is unable to obtain
counsel may inform the Committee of such fact. If the witness
informs the Committee of this fact at least 24 hours prior to
his or her appearance before the Committee, the Committee shall
then endeavor to obtain voluntary counsel for the witness.
Failure to obtain such counsel will not excuse the witness from
appearing and testifying.
(b) Counsel shall conduct themselves in an ethical and
professional manner. Failure to do so shall, upon a finding to
that effect by a majority of the members present, subject such
counsel to disciplinary action which may include warning,
censure, removal, or a recommendation of contempt proceedings.
(c) There shall be no direct or cross-examination by
counsel. However, counsel may submit any question in writing to
the Committee and request the Committee to propound such
question to the counsel's client or to any other witness. The
counsel also may suggest the presentation of other evidence or
the calling of other witnesses. The Committee may use or
dispose of such questions or suggestions as it deems
appropriate.
8.5. Statements by Witnesses.--Witnesses may make brief and
relevant statements at the beginning and conclusion of their
testimony. Such statements shall not exceed a reasonable period
of time as determined by the Chairman, or other presiding
members. Any witness required or desiring to make a prepared or
written statement for the record of the proceedings shall file
a paper and electronic copy with the Clerk of the Committee,
and insofar as practicable and consistent with the notice
given, shall do so at least 48 hours in advance of his or her
appearance before the Committee.
8.6. Objections and Rulings.--Any objection raised by a
witness or counsel shall be ruled upon by the Chairman or other
presiding member, and such ruling shall be the ruling of the
Committee unless a majority of the Committee present overrules
the ruling of the chair.
8.7. Inspection and Correction.--All witnesses testifying
before the Committee shall be given a reasonable opportunity to
inspect, in the office of the Committee, the transcript of
their testimony to determine whether such testimony was
correctly transcribed. The witness may be accompanied by
counsel. Any corrections the witness desires to make in the
transcript shall be submitted in writing to the Committee
within five days from the date when the transcript was made
available to the witness. Corrections shall be limited to
grammar and minor editing, and may not be made to change the
substance of the testimony. Any questions arising with respect
to such corrections shall be decided by the Chairman. Upon
request, the Committee may provide to a witness those parts of
testimony given by that witness in executive session which are
subsequently quoted or made part of a public record, at the
expense of the witness.
8.8. Requests to Testify.--The Committee will consider
requests to testify on any matter or measure pending before the
Committee. A person who believes that testimony or other
evidence presented at a public hearing, or any comment made by
a Committee member or a member of the Committee staff, may tend
to affect adversely that person's reputation, may request to
appear personally before the Committee to testify or may file a
sworn statement of facts relevant to the testimony, evidence,
or comment, or may submit to the Chairman proposed questions in
writing for the cross-examination of other witnesses. The
Committee shall take such action as it deems appropriate.
8.9. Contempt Procedures.--No recommendation that a person
be cited for contempt of Congress or that a subpoena be
otherwise enforced shall be forwarded to the Senate unless and
until the Committee has, upon notice to all its members, met
and considered the recommendation, afforded the person an
opportunity to oppose such contempt or subpoena enforcement
proceeding either in writing or in person, and agreed by
majority vote of the Committee to forward such recommendation
to the Senate.
8.10. Release of Name of Witness.--Unless authorized by the
Chairman, the name of any witness scheduled to be heard by the
Committee shall not be released prior to, or after, appearing
before the Committee. Upon authorization by the Chairman to
release the name of a witness under this paragraph, the Vice
Chairman shall be notified of such authorization as soon as
practicable thereafter. No name of any witness shall be
released if such release would disclose classified information,
unless authorized under Section 8 of S. Res. 400 of the 94th
Congress or Rule 9.7.
Rule 9. Procedures for Handling Classified or Committee Sensitive
Material
9.1. Committee staff offices shall operate under strict
precautions. At least one United States Capitol Police Officer
shall be on duty at all times at the entrance of the Committee
to control entry. Before entering the Committee office space
all persons shall identify themselves and provide
identification as requested.
9.2. Classified documents and material shall be stored in
authorized security containers located within the Committee's
Sensitive Compartmented Information Facility (SCIF). Copying,
duplicating, or removing from the Committee offices of such
documents and other materials is prohibited except as is
necessary for the conduct of Committee business, and in
conformity with Rule 10.3 hereof. All classified documents or
materials removed from the Committee offices for such
authorized purposes must be returned to the Committee's SCIF
for overnight storage.
9.3. ``Committee sensitive'' means information or material
that pertains to the confidential business or proceedings of
the Select Committee on Intelligence, within the meaning of
paragraph 5 of Rule XXIX of the Standing Rules of the Senate,
and is: (1) in the possession or under the control of the
Committee; (2) discussed or presented in an executive session
of the Committee; (3) the work product of a Committee member or
staff member; (4) properly identified or marked by a Committee
member or staff member who authored the document; or (5)
designated as such by the Chairman and Vice Chairman (or by the
Staff Director and Minority Staff Director acting on their
behalf). Committee sensitive documents and materials that are
classified shall be handled in the same manner as classified
documents and material in Rule 9.2. Unclassified committee
sensitive documents and materials shall be stored in a manner
to protect against unauthorized disclosure.
9.4. Each member of the Committee shall at all times have
access to all papers and other material received from any
source. The Staff Director shall be responsible for the
maintenance, under appropriate security procedures, of a
document control and accountability registry which will number
and identify all classified papers and other classified
materials in the possession of the Committee, and such registry
shall be available to any member of the Committee.
9.5. Whenever the Select Committee on Intelligence makes
classified material available to any other committee of the
Senate or to any member of the Senate not a member of the
Committee, such material shall be accompanied by a verbal or
written notice to the recipients advising of their
responsibility to protect such materials pursuant to section 8
of S. Res. 400 of the 94th Congress. The Security Director of
the Committee shall ensure that such notice is provided and
shall maintain a written record identifying the particular
information transmitted and the committee or members of the
Senate receiving such information.
9.6. Access to classified information supplied to the
Committee shall be limited to those Committee staff members
with appropriate security clearance and a need-to-know, as
determined by the Committee, and, under the Committee's
direction, the Staff Director and Minority Staff Director.
9.7. No member of the Committee or of the Committee staff
shall disclose, in whole or in part or by way of summary, the
contents of any classified or committee sensitive papers,
materials, briefings, testimony, or other information in the
possession of the Committee to any other person, except as
specified in this rule. Committee members and staff do not need
prior approval to disclose classified or committee sensitive
information to persons in the Executive branch, the members and
staff of the House Permanent Select Committee on Intelligence,
and the members and staff of the Senate, provided that the
following conditions are met: (1) for classified information,
the recipients of the information must possess appropriate
security clearances (or have access to the information by
virtue of their office); (2) for all information, the
recipients of the information must have a need-to-know such
information for an official governmental purpose; and (3) for
all information, the Committee members and staff who provide
the information must be engaged in the routine performance of
Committee legislative or oversight duties. Otherwise,
classified and committee sensitive information may only be
disclosed to persons outside the Committee (to include any
congressional committee, Member of Congress, congressional
staff, or specified non-governmental persons who support
intelligence activities) with the prior approval of the
Chairman and Vice Chairman of the Committee, or the Staff
Director and Minority Staff Director acting on their behalf,
consistent with the requirements that classified information
may only be disclosed to persons with appropriate security
clearances and a need-to-know such information for an official
governmental purpose. Public disclosure of classified
information in the possession of the Committee may only be
authorized in accordance with Section 8 of S. Res. 400 of the
94th Congress.
9.8. Failure to abide by Rule 9.7 shall constitute grounds
for referral to the Select Committee on Ethics pursuant to
Section 8 of S. Res. 400 of the 94th Congress. Prior to a
referral to the Select Committee on Ethics pursuant to Section
8 of S. Res. 400, the Chairman and Vice Chairman shall notify
the Majority Leader and Minority Leader.
9.9. Before the Committee makes any decision regarding the
disposition of any testimony, papers, or other materials
presented to it, the Committee members shall have a reasonable
opportunity to examine all pertinent testimony, papers, and
other materials that have been obtained by the members of the
Committee or the Committee staff.
9.10. Attendance of persons outside the Committee at closed
meetings of the Committee shall be kept at a minimum and shall
be limited to persons with appropriate security clearance and a
need-to-know the information under consideration for the
execution of their official duties. The Security Director of
the Committee may require that notes taken at such meetings by
any person in attendance shall be returned to the secure
storage area in the Committee's offices at the conclusion of
such meetings, and may be made available to the department,
agency, office, committee, or entity concerned only in
accordance with the security procedures of the Committee.
Rule 10. Staff
10.1. For purposes of these rules, Committee staff includes
employees of the Committee, consultants to the Committee, or
any other person engaged by contract or otherwise to perform
services for or at the request of the Committee. To the maximum
extent practicable, the Committee shall rely on its full-time
employees to perform all staff functions. No individual may be
retained as staff of the Committee or to perform services for
the Committee unless that individual holds appropriate security
clearances.
10.2. The appointment of Committee staff shall be approved
by the Chairman and Vice Chairman, acting jointly, or, at the
initiative of both or either be confirmed by a majority vote of
the Committee. After approval or confirmation, the Chairman
shall certify Committee staff appointments to the Financial
Clerk of the Senate in writing. No Committee staff shall be
given access to any classified information or regular access to
the Committee offices until such Committee staff has received
an appropriate security clearance as described in Section 6 of
S. Res. 400 of the 94th Congress.
10.3. The Committee staff works for the Committee as a
whole, under the supervision of the Chairman and Vice Chairman
of the Committee. The duties of the Committee staff shall be
performed, and Committee staff personnel affairs and day-to-day
operations, including security and control of classified
documents and material, shall be administered under the direct
supervision and control of the Staff Director. All Committee
staff shall work exclusively on intelligence oversight issues
for the Committee. The Minority Staff Director and the Minority
Counsel shall be kept fully informed regarding all matters and
shall have access to all material in the files of the
Committee.
10.4. The Committee staff shall assist the minority as
fully as the majority in the expression of minority views,
including assistance in the preparation and filing of
additional, separate, and minority views, to the end that all
points of view may be fully considered by the Committee and the
Senate.
10.5. The members of the Committee staff shall not discuss
either the substance or procedure of the work of the Committee
with any person not a member of the Committee or the Committee
staff for any purpose or in connection with any proceeding,
judicial or otherwise, either during their tenure as a member
of the Committee staff or at any time thereafter, except as
directed by the Committee in accordance with Section 8 of S.
Res. 400 of the 94th Congress and the provisions of these
rules, or in the event of the termination of the Committee, in
such a manner as may be determined by the Senate. The Chairman
may authorize the Staff Director and the Staff Director's
designee, and the Vice Chairman may authorize the Minority
Staff Director and the Minority Staff Director's designee, to
communicate with the media in a manner that does not divulge
classified or committee sensitive information.
10.6. No member of the Committee staff shall be employed by
the Committee unless and until such a member of the Committee
staff agrees in writing, as a condition of employment, to abide
by the conditions of the nondisclosure agreement promulgated by
the Select Committee on Intelligence, pursuant to Section 6 of
S. Res. 400 of the 94th Congress, and to abide by the
Committee's code of conduct.
10.7. As a precondition for employment on the Committee
staff, each member of the Committee staff must agree in writing
to notify the Committee of any request for testimony, either
during service as a member of the Committee staff or at any
time thereafter with respect to information obtained by virtue
of employment as a member of the Committee staff. Such
information shall not be disclosed in response to such requests
except as directed by the Committee in accordance with Section
8 of S. Res. 400 of the 94th Congress and the provisions of
these rules or, in the event of the termination of the
Committee, in such manner as may be determined by the Senate.
10.8. The Committee shall immediately consider action to be
taken in the case of any member of the Committee staff who
fails to conform to any of these Rules. Such disciplinary
action may include, but shall not be limited to, immediate
dismissal from the Committee staff.
10.9. Within the Committee staff shall be an element with
the capability to perform audits of programs and activities
undertaken by departments and agencies with intelligence
functions. The audit element shall conduct audits and oversight
projects that have been specifically authorized by the Chairman
and Vice Chairman of the Committee, acting jointly through the
Staff Director and Minority Staff Director. Staff shall be
assigned to such element jointly by the Chairman and Vice
Chairman, and staff with the principal responsibility for the
conduct of an audit shall be qualified by training or
experience in accordance with accepted auditing standards.
10.10. The workplace of the Committee shall be free from
illegal use, possession, sale, or distribution of controlled
substances by its employees. Any violation of such policy by
any member of the Committee staff shall be grounds for
termination of employment. Further, any illegal use of
controlled substances by a member of the Committee staff,
within the workplace or otherwise, shall result in
reconsideration of the security clearance of any such staff
member and may constitute grounds for termination of employment
with the Committee.
10.11. All personnel actions affecting the staff of the
Committee shall be made free from any discrimination based on
race, color, religion, sex, national origin, age, handicap, or
disability.
Rule 11. Preparation for Committee Meetings
11.1. Under direction of the Chairman and the Vice Chairman
designated Committee staff members shall brief members of the
Committee at a time sufficiently prior to any Committee meeting
to assist the Committee members in preparation for such meeting
and to determine any matter which the Committee member might
wish considered during the meeting. Such briefing shall, at the
request of a member, include a list of all pertinent papers and
other materials that have been obtained by the Committee that
bear on matters to be considered at the meeting.
11.2. The Staff Director and/or Minority Staff Director
shall recommend to the Chairman and the Vice Chairman the
testimony, papers, and other materials to be presented to the
Committee at any meeting. The determination whether such
testimony, papers, and other materials shall be presented in
open or executive session shall be made pursuant to the Rules
of the Senate and Rules of the Committee.
11.3. The Staff Director shall ensure that covert action
programs of the U.S. Government receive appropriate
consideration by the Committee no less frequently than once a
quarter.
Rule 12. Legislative Calendar
12.1. The Clerk of the Committee shall maintain a printed
calendar for the information of each Committee member showing
the measures introduced and referred to the Committee and the
status of such measures; nominations referred to the Committee
and their status; and such other matters as the Committee
determines shall be included. The Calendar shall be revised
from time to time to show pertinent changes. A copy of each
such revision shall be furnished to each member of the
Committee.
12.2. Measures referred to the Committee may be referred by
the Chairman and/or Vice Chairman to the appropriate department
or agency of the Government for reports thereon.
Rule 13. Committee Travel
13.1. No member of the Committee or Committee Staff shall
travel abroad on Committee business unless specifically
authorized by the Chairman and Vice Chairman. Requests for
authorization of such travel shall state the purpose and extent
of the trip. A full report shall be filed with the Committee
when travel is completed.
13.2. No member of the Committee staff shall travel within
this country on Committee business unless specifically
authorized by the Chairman and Vice Chairman.
Rule 14. Changes in Rules
These Rules may be modified, amended, or repealed by the
Committee, provided that a notice in writing of the proposed
change has been given to each member at least 48 hours prior to
the meeting at which action thereon is to be taken.
APPENDIX A
S. Res. 400, 94th Cong., 2d Sess. (1976) \1\
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\1\ As amended by S. Res. 4, 95th Cong., 1st Sess. (1977), S. Res,
445, 108th Cong., 2d Sess. (2004), Pub. L. No. 109-177, 506, 120
Stat. 247 (2005), and S. Res. 50, 110th Cong., 1st Sess. (2007).
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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 not to
exceed 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;
(D) two members from the Committee on the Judiciary;
and
(E) not to exceed 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. Of any members appointed under paragraph (1)(E), the
Majority Leader shall appoint the majority members and the
Minority Leader shall appoint the minority members, with the
majority having a one vote margin.
(3)(A) 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.
(B) The Chairman and Ranking Member of the Committee on
Armed Services (if not already a member of the Select
Committee) 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.
(b) At the beginning of each Congress, the Majority Leader
of the Senate shall select a Chairman of the Select Committee
and the Minority Leader shall select a Vice Chairman for the
Select Committee. The Vice Chairman shall act in the place and
stead of the Chairman in the absence of the Chairman. Neither
the Chairman nor the Vice Chairman of the Select Committee
shall at the same time serve as Chairman or Ranking Minority
member of any other committee referred to in paragraph 4(e)(1)
of rule XXV of the Standing Rules of the Senate.
(c) The Select Committee may be organized into
subcommittees. Each subcommittee shall have a chairman and a
vice chairman who are selected by the Chairman and Vice
Chairman of the Select Committee, respectively.
Sec. 3. (a) There shall be referred to the Select Committee
all proposed legislation, messages, petitions, memorials, and
other matters relating to the following:
(1) The Office of the Director of National Intelligence and
the Director of National Intelligence.
(2) The Central Intelligence Agency and the Director of the
Central Intelligence Agency.
(3) Intelligence activities of all other departments and
agencies of the Government, including, but not limited to,
the intelligence 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 Department of the Treasury.
(4) The organization or reorganization of any department or
agency of the Government to the extent that the
organization or reorganization relates to a function or
activity involving intelligence activities.
(5) Authorizations for appropriations, both direct and
indirect, for the following:
(A) The Office of the Director of National
Intelligence and the Director of National Intelligence.
(B) The Central Intelligence Agency and the Director
of the Central Intelligence Agency.
(C) The Defense Intelligence Agency.
(D) The National Security Agency.
(E) The intelligence activities of other agencies and
subdivisions of the Department of Defense.
(F) The intelligence activities of the Department of
State.
(G) The intelligence activities of the Federal Bureau
of Investigation.
(H) Any department, agency, or subdivision which is
the successor to any agency named in clause (A), (B),
(C) or (D); and the activities of any department,
agency, or subdivision which is the successor to any
department, agency, bureau, or subdivision named in
clause (E), (F), or (G) to the extent that the
activities of such successor department, agency, or
subdivision are activities described in clause (E),
(F), or (G).
(b)(1) Any proposed legislation reported by the Select
Committee except any legislation involving matters specified in
clause (1), (2), (5)(A), or (5)(B) of subsection (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
for its consideration of such matter and be reported to the
Senate by such standing committee within 10 days after the day
on which such proposed legislation, in its entirety and
including annexes, is referred to such standing committee; and
any proposed legislation reported by 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 to the Select
Committee for its consideration of such matter and be reported
to the Senate by the Select Committee within 10 days after the
day on which such proposed legislation, in its entirety and
including annexes, is referred to such committee.
(2) In any case in which a committee fails to report any
proposed legislation referred to it within the time limit
prescribed in this subsection, such Committee shall be
automatically discharged from further consideration of such
proposed legislation on the 10th day following the day on which
such proposed legislation is referred to such committee unless
the Senate provides otherwise, or the Majority Leader or
Minority Leader request, prior to that date, an additional 5
days on behalf of the Committee to which the proposed
legislation was sequentially referred. At the end of that
additional 5 day period, if the Committee fails to report the
proposed legislation within that 5 day period, the Committee
shall be automatically discharged from further consideration of
such proposed legislation unless the Senate provides otherwise.
(3) In computing any 10 or 5 day period under this
subsection there shall be excluded from such computation any
days on which the Senate is not in session.
(4) The reporting and referral processes outlined in this
subsection shall be conducted in strict accordance with the
Standing Rules of the Senate. In accordance with such rules,
committees to which legislation is referred are not permitted
to make changes or alterations to the text of the referred bill
and its annexes, but may propose changes or alterations to the
same in the form of amendments.
(c) Nothing in this resolution shall be construed as
prohibiting or otherwise restricting the authority of any other
committee to study and review any intelligence activity to the
extent that such activity directly affects a matter otherwise
within the jurisdiction of such committee.
(d) Nothing in this resolution shall be construed as
amending, limiting, or otherwise changing the authority of any
standing committee of the Senate to obtain full and prompt
access to the product of the intelligence activities of any
department or agency of the Government relevant to a matter
otherwise within the jurisdiction of such committee.
Sec. 4. (a) The Select Committee, for the purposes of
accountability to the Senate, shall make regular and periodic,
but not less than quarterly, 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 report, the Select
Committee shall proceed in a manner consistent with section
8(c)(2) to protect national security.
(b) The Select Committee shall obtain an annual report from
the Director of National Intelligence, 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
activities of the agency or department concerned and the
intelligence 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 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
activities.
(c) On or before March 15 of each year, the Select
Committee shall submit to the Committee on the Budget of the
Senate the views and estimates described in section 301(c) of
the Congressional Budget Act of 1974 regarding matters within
the jurisdiction of the Select Committee.
Sec. 5. (a) For the purposes of this resolution, the Select
Committee is authorized in its discretion (1) to make
investigations into any matter within its jurisdiction, (2) to
make expenditures from the contingent fund of the Senate, (3)
to employ personnel, (4) to hold hearings, (5) to sit and act
at any time or place during the sessions, recesses, and
adjourned periods of the Senate, (6) to require, by subpoena or
otherwise, the attendance of witnesses and the production of
correspondence, books, papers, and documents, (7) to take
depositions and other testimony, (8) to procure the service of
individual consultants or organizations thereof, in accordance
with the provisions of section 202(i) of the Legislative
Reorganization Act of 1946, and (9) with the prior consent of
the government department or agency concerned and the Committee
on Rules and Administration, to use on a reimbursable basis the
services of personnel of any such department or agency.
(b) The Chairman of the Select Committee or any member
thereof may administer oaths to witnesses.
(c) Subpoenas authorized by the Select Committee may be
issued over the signature of the Chairman, the Vice Chairman or
any member of the Select Committee designated by the Chairman,
and may be served by any person designated by the Chairman or
any member signing the subpoenas.
Sec. 6. No employee of the Select Committee or any person
engaged by contract or otherwise to perform services for or at
the request of such committee shall be given access to any
classified information by such committee unless such employee
or person has (1) agreed in writing and under oath to be bound
by the rules of the Senate (including the jurisdiction of the
Select Committee on Ethics) and of such committee as to the
security of such information during and after the period of his
employment or contractual agreement with such committee; and
(2) received an appropriate security clearance as determined by
such committee in consultation with the Director of National
Intelligence. The type of security clearance to be required in
the case of any such employee or person shall, within the
determination of such committee in consultation with the
Director of National Intelligence, be commensurate with the
sensitivity of the classified information to which such
employee or person will be given access by such committee.
Sec. 7. The Select Committee shall formulate and carry out
such rules and procedures as it deems necessary to prevent the
disclosure, without the consent of the person or persons
concerned, of information in the possession of such committee
which unduly infringes upon the privacy or which violates the
constitutional rights of such person or persons. Nothing herein
shall be construed to prevent such committee from publicly
disclosing any such information in any case in which such
committee determines the national interest in the disclosure of
such information clearly outweighs any infringement on the
privacy of any person or persons.
Sec. 8. (a) The Select Committee may, subject to the
provisions of this section, disclose publicly any information
in the possession of such committee after a determination by
such committee that the public interest would be served by such
disclosure. Whenever committee action is required to disclose
any information under this section, the committee shall meet to
vote on the matter within five days after any member of the
committee requests such a vote. No member of the Select
Committee shall disclose any information, the disclosure of
which requires a committee vote, prior to a vote by the
committee on the question of the disclosure of such information
or after such vote except in accordance with this section.
(b)(1) In any case in which the Select 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, such committee shall--
(A) first, notify the Majority Leader and Minority
Leader of the Senate of such vote; and
(B) second, consult with the Majority Leader and
Minority Leader before notifying the President of such
vote.
(2) The Select Committee may disclose publicly such
information after the expiration of a 5-day period following
the day on which notice of such vote is transmitted to the
Majority Leader and the Minority Leader and the President,
unless, prior to the expiration of such 5-day period, the
President, personally in writing, notifies the committee that
he objects to the disclosure of such information, provides his
reasons therefore, 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) If the President, personally, in writing, notifies the
Majority Leader and Minority Leader of the Senate and the
Select Committee of his objections to the disclosure of such
information as provided in paragraph (2), the Majority Leader
and Minority Leader jointly or the Select Committee, by
majority vote, may refer the question of the disclosure of such
information to the Senate for consideration.
(4) Whenever the Select Committee votes to refer the
question of disclosure of any information to the Senate under
paragraph (3), the Chairman shall not later than the first day
on which the Senate is in session following the day on which
the vote occurs, report the matter to the Senate for its
consideration.
(5) One hour after the Senate convenes on the fourth day on
which the Senate is in session following the day on which any
such matter is reported to the Senate, or at such earlier time
as the Majority Leader and the Minority Leader of the Senate
jointly agree upon in accordance with paragraph 5 of rule XVII
of the Standing Rules of the Senate, the Senate shall go into
closed session and the matter shall be the pending business. In
considering the matter in closed session the Senate may--
(A) approve the public disclosure of all or any
portion of the information in question, in which case
the committee shall publicly disclose the information
ordered to be disclosed,
(B) disapprove the public disclosure of all or any
portion of the information in question, in which case
the committee shall not publicly disclose the
information ordered not to be disclosed, or
(C) refer all or any portion of the matter back to
the committee, in which case the committee shall make
the final determination with respect to the public
disclosure of the information in question.
Upon conclusion of the consideration of such matter in
closed session, which may not extend beyond the close of the
ninth day on which the Senate is in session following the day
on which such matter was reported to the Senate, or the close
of the fifth day following the day agreed upon jointly by the
Majority and Minority Leaders in accordance with paragraph 5 of
rule XVII of the Standing Rules of the Senate (whichever the
case may be), the Senate shall immediately vote on the
disposition of such matter in open session, without debate, and
without divulging the information with respect to which the
vote is being taken. The Senate shall vote to dispose of such
matter by one or more of the means specified in clauses (A),
(B), and (C) of the second sentence of this paragraph. Any vote
of the Senate to disclose any information pursuant to this
paragraph shall be subject to the right of a Member of the
Senate to move for reconsideration of the vote within the time
and pursuant to the procedures specified in rule XIII of the
Standing Rules of the Senate, and the disclosure of such
information shall be made consistent with that right.
(c)(1) No information in the possession of the Select
Committee relating to the lawful intelligence activities of any
department or agency of the United States which has been
classified under established security procedures and which the
Select Committee, pursuant to subsection (a) or (b) of this
section, has determined should not be disclosed shall be made
available to any person by a Member, officer, or employee of
the Senate except in a closed session of the Senate or as
provided in paragraph (2).
(2) The Select Committee may, under such regulations as the
committee shall prescribe to protect the confidentiality of
such information, make any information described in paragraph
(1) available to any other committee or any other Member of the
Senate. Whenever the Select Committee makes such information
available, the committee shall keep a written record showing,
in the case of any particular information, which committee or
which Members of the Senate received such information. No
Member of the Senate who, and no committee which, receives any
information under this subsection, shall disclose such
information except in a closed session of the Senate.
(d) It shall be the duty of the Select Committee on Ethics
to investigate any unauthorized disclosure of intelligence
information by a Member, officer or employee of the Senate in
violation of subsection (c) and to report to the Senate
concerning any allegation which it finds to be substantiated.
(e) Upon the request of any person who is subject to any
such investigation, the Select Committee on Ethics shall
release to such individual at the conclusion of its
investigation a summary of its investigation together with its
findings. If, at the conclusion of its investigation, the
Select Committee on Ethics determines that there has been a
significant breach of confidentiality or unauthorized
disclosure by a Member, officer, or employee of the Senate, it
shall report its findings to the Senate and recommend
appropriate action such as censure, removal from committee
membership, or expulsion from the Senate, in the case of a
Member, or removal from office or employment or punishment for
contempt, in the case of an officer or employee.
Sec. 9. The Select Committee is authorized to permit any
personal representative of the President, designated by the
President to serve as a liaison to such committee, to attend
any closed meeting of such committee.
Sec. 10. Upon expiration of the Select Committee on
Governmental Operations With Respect to Intelligence
Activities, established by Senate Resolution 21, Ninety-fourth
Congress, all records, files, documents, and other materials in
the possession, custody, or control of such committee, under
appropriate conditions established by it, shall be transferred
to the Select Committee.
Sec. 11. (a) It is the sense of the Senate that the head of
each department and agency of the United States should keep the
Select Committee fully and currently informed with respect to
intelligence activities, including any significant anticipated
activities, which are the responsibility of or engaged in by
such department or agency: Provided, That this does not
constitute a condition precedent to the implementation of any
such anticipated intelligence activity.
(b) It is the sense of the Senate that the head of any
department or agency of the United States involved in any
intelligence activities should furnish any information or
document in the possession, custody, or control of the
department or agency, or person paid by such department or
agency, whenever requested by the Select Committee with respect
to any matter within such committee's jurisdiction.
(c) It is the sense of the Senate that each department and
agency of the United States should report immediately upon
discovery to the Select Committee any and all intelligence
activities which constitute violations of the constitutional
rights of any person, violations of law, or violations of
Executive orders, Presidential directives, or departmental or
agency rules or regulations; each department and agency should
further report to such committee what actions have been taken
or are expected to be taken by the departments or agencies with
respect to such violations.
Sec. 12. Subject to the Standing Rules of the Senate, no
funds shall be appropriated for any fiscal year beginning after
September 30, 1976, with the exception of a continuing bill or
resolution, 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 Senate during the same or
preceding fiscal year to carry out such activity for such
fiscal year:
(1) The activities of the Office of the Director of
National Intelligence and the Director of National
Intelligence.
(2) The activities of the Central Intelligence Agency and
the Director of the Central Intelligence Agency.
(3) The activities of the Defense Intelligence Agency.
(4) The activities of the National Security Agency.
(5) The intelligence activities of other agencies and
subdivisions of the Department of Defense.
(6) The intelligence activities of the Department of State.
(7) The intelligence activities of the Federal Bureau of
Investigation.
Sec. 13. (a) The Select Committee shall make a study with
respect to the following matters, taking into consideration
with respect to each such matter, all relevant aspects of the
effectiveness of planning, gathering, use, security, and
dissemination of intelligence:
(1) the quality of the analytical capabilities of United
States foreign intelligence agencies and means for
integrating more closely analytical intelligence and policy
formulation;
(2) the extent and nature of the authority of the
departments and agencies of the Executive branch to engage
in intelligence activities and the desirability of
developing charters for each intelligence agency or
department;
(3) the organization of intelligence activities in the
Executive branch to maximize the effectiveness of the
conduct, oversight, and accountability of intelligence
activities; to reduce duplication or overlap; and to
improve the morale of the personnel of the foreign
intelligence agencies;
(4) the conduct of covert and clandestine activities and
the procedures by which Congress is informed of such
activities;
(5) the desirability of changing any law, Senate rule or
procedure, or any Executive order, rule, or regulation to
improve the protection of intelligence secrets and provide
for disclosure of information for which there is no
compelling reason for secrecy;
(6) the desirability of establishing a standing committee
of the Senate on intelligence activities;
(7) the desirability of establishing a joint committee of
the Senate and the House of Representatives on intelligence
activities in lieu of having separate committees in each
House of Congress, or of establishing procedures under
which separate committees on intelligence activities of the
two Houses of Congress would receive joint briefings from
the intelligence agencies and coordinate their policies
with respect to the safeguarding of sensitive intelligence
information;
(8) the authorization of funds for the intelligence
activities of the Government and whether disclosure of any
of the amounts of such funds is in the public interest; and
(9) the development of a uniform set of definitions for
terms to be used in policies or guidelines which may be
adopted by the Executive or Legislative branches to govern,
clarify, and strengthen the operation of intelligence
activities.
(b) The Select Committee may, in its discretion, omit from
the special study required by this section any matter it
determines has been adequately studied by the Select Committee
To Study Governmental Operations With Respect to Intelligence
Activities, established by Senate Resolution 21, Ninety-fourth
Congress.
(c) The Select Committee shall report the results of the
study provided for by this section to the Senate, together with
any recommendations for legislative or other actions it deems
appropriate, no later than July 1, 1977, and from time to time
thereafter as it deems appropriate.
Sec. 14. (a) As used in this resolution, the term
``intelligence 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 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; (2) activities taken to counter similar
activities directed against the United States; (3) covert or
clandestine activities affecting the relations of the United
States with any foreign government, political group, party,
military force, movement or other association; (4) 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. Such term does not include tactical foreign
military intelligence serving no national policymaking
function.
(b) As used in this resolution, the term ``department or
agency'' includes any organization, committee, council,
establishment, or office within the Federal Government.
(c) For purposes of this resolution, reference to any
department, agency, bureau, or subdivision shall include a
reference to any successor department, agency, bureau, or
subdivision to the extent that such successor engages in
intelligence activities now conducted by the department,
agency, bureau, or subdivision referred to in this resolution.
Sec. 15. (a) In addition to other committee staff selected
by the Select Committee, the Select Committee shall hire or
appoint one employee for each member of the Select Committee to
serve as such Member's designated representative on the Select
Committee. The Select Committee shall only hire or appoint an
employee chosen by the respective Member of the Select
Committee for whom the employee will serve as the designated
representative on the Select Committee.
(b) The Select Committee shall be afforded a supplement to
its budget, to be determined by the Committee on Rules and
Administration, to allow for the hire of each employee who
fills the position of designated representative to the Select
Committee. The designated representative shall have office
space and appropriate office equipment in the Select Committee
spaces. Designated personal representatives shall have the same
access to Committee staff, information, records, and databases
as Select Committee staff, as determined by the Chairman and
Vice Chairman.
(c) The designated employee shall meet all the requirements
of relevant statutes, Senate rules, and committee security
clearance requirements for employment by the Select Committee.
(d) Of the funds made available to the Select Committee for
personnel--
(1) not more than 60 percent shall be under the control of
the Chairman; and
(2) not less than 40 percent shall be under the control of
the Vice Chairman.
Sec. 16. Nothing in this resolution shall be construed as
constituting acquiescence by the Senate in any practice, or in
the conduct of any activity, not otherwise authorized by law.
Sec. 17. (a)(1) Except as otherwise provided in subsection
(b), the Select Committee shall have jurisdiction for
reviewing, holding hearings, and reporting the nominations of
civilian persons nominated by the President to fill all
positions within the intelligence community requiring the
advice and consent of the Senate.
(2) Other committees with jurisdiction over the nominees'
executive branch department may hold hearings and interviews
with such persons, but only the Select Committee shall report
such nominations.
(b)(1) With respect to the confirmation of the Assistant
Attorney General for National Security, or any successor
position, the nomination of any individual by the President to
serve in such position shall be referred to the Committee on
the Judiciary and, if and when reported, to the Select
Committee for not to exceed 20 calendar days, except that in
cases when the 20-day period expires while the Senate is in
recess, the Select Committee shall have 5 additional calendar
days after the Senate reconvenes to report the nomination.
(2) If, upon the expiration of the period described in
paragraph (1), the Select Committee has not reported the
nomination, such nomination shall be automatically discharged
from the Select Committee and placed on the Executive Calendar.
APPENDIX B
Intelligence Provisions in S. Res. 445, 108th Cong., 2d Sess. (2004)
Which Were Not Incorporated in S. Res. 400, 94th Cong., 2d Sess. (1976)
TITLE III--COMMITTEE STATUS
* * * * * * *
Sec. 301(b) Intelligence.--The Select Committee on Intelligence
shall be treated as a committee listed under paragraph 2 of rule XXV of
the Standing Rules of the Senate for purposes of the Standing Rules of
the Senate.
TITLE IV--INTELLIGENCE-RELATED SUBCOMMITTEES
SEC. 401. SUBCOMMITTEE RELATED TO INTELLIGENCE OVERSIGHT.
(a) Establishment.--There is established in the Select Committee on
Intelligence a Subcommittee on Oversight which shall be in addition to
any other subcommittee established by the Select Committee.
(b) Responsibility.--The Subcommittee on Oversight shall be
responsible for ongoing oversight of intelligence activities.
SEC. 402. SUBCOMMITTEE RELATED TO INTELLIGENCE APPROPRIATIONS.
(a) Establishment.--There is established in the Committee on
Appropriations a Subcommittee on Intelligence. The Committee on
Appropriations shall reorganize into 13 subcommittees as soon as
possible after the convening of the 109th Congress.
(b) Jurisdiction.--The Subcommittee on Intelligence of the
Committee on Appropriations shall have jurisdiction over funding for
intelligence matters, as determined by the Senate Committee on
Appropriations.
APPENDIX C
Rule 26.5(b) of the Standing Rules of the Senate
(Referred to in Committee Rule 2.1)
Each meeting of a committee, or any subcommittee thereof, including
meetings to conduct hearings, shall be open to the public, except that
a meeting or series of meetings by a committee or a subcommittee
thereof on the same subject for a period of no more than fourteen
calendar days may be closed to the public on a motion made and seconded
to go into closed session to discuss only whether the matters
enumerated in clauses (1) through (6) would require the meeting to be
closed, followed immediately by a record vote in open session by a
majority of the members of the committee or subcommittee when it is
determined that the matters to be discussed or the testimony to be
taken at such meeting or meetings--
(1) will disclose matters necessary to be kept secret in the
interests of national defense or the confidential conduct of
the foreign relations of the United States;
(2) will relate solely to matters of committee staff
personnel or internal staff management or procedure;
(3) will tend to charge an individual with crime or
misconduct, to disgrace or injure the professional standing of
an individual, or otherwise to expose an individual to public
contempt or obloquy, or will represent a clearly unwarranted
invasion of the privacy of an individual;
(4) will disclose the identity of any informer or law
enforcement agent or will disclose any information relating to
the investigation or prosecution of a criminal offense that is
required to be kept secret in the interests of effective law
enforcement;
(5) will disclose information relating to the trade secrets
of financial or commercial information pertaining specifically
to a given person if--
(A) an Act of Congress requires the information to be
kept confidential by Government officers and employees;
or
(B) the information has been obtained by the
Government on a confidential basis, other than through
an application by such person for a specific Government
financial or other benefit, and is required to be kept
secret in order to prevent undue injury to the
competitive position of such person; or
(6) may divulge matters required to be kept confidential
under other provisions of law or Government regulations.
