[Senate Prints 113-7]
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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
                              ----------                              
                     David Grannis, Staff Director
            Martha Scott Poindexter, Minority Staff Director
                    Kathleen P. McGhee, Chief Clerk

                                CONTENTS

                              ----------                              

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------
    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.
  

                                  
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