[Congressional Record Volume 169, Number 38 (Tuesday, February 28, 2023)]
[Senate]
[Pages S518-S524]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       SENATE SELECT COMMITTEE ON INTELLIGENCE RULES OF PROCEDURE

  Mr. WARNER. Mr. President, I ask unanimous consent that the rules of 
procedure of the Select Committee on Intelligence be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       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 Tuesday of each month that the Senate is in session, 
     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; (3) is limited to a specific measure or 
     matter and any amendments pertaining thereto; and (4) is 
     signed by the member wishing to cast a vote by proxy, either 
     by handwritten signature or autopen. 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 weekdays 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 a joint determination made 
     by the Chairman and Vice Chairman, nominations referred to 
     the Committee shall be held for at least 14 calendar 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 calendar days after receipt of the background 
     questionnaire, financial disclosure statement, and responses 
     to additional pre-hearing questions, if transmitted, unless 
     the time limit is waived by a majority vote of the Committee.
       5.5. The Committee vote to report a nomination shall not be 
     sooner than 48 hours after the Committee has received 
     transcripts of the confirmation hearing and responses to 
     post-hearing questions for the record, if transmitted, 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 response to the Committee's 
     background questionnaire 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.

[[Page S519]]

  



                           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 may be given under 
     oath or affirmation which may be administered by any member 
     of the Committee.
       8.3. Questioning.--Committee questioning of witnesses 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) Generally. Any witness 
     may be accompanied by counsel, subject to the requirement of 
     paragraph (b).
       (b) Counsel Clearances Required. In the event that a 
     meeting of the Committee has been closed because the subject 
     matter was classified in nature, counsel accompanying a 
     witness before the Committee must possess the requisite 
     security clearance and provide proof of such clearance to the 
     Committee at least 24 hours prior to the meeting at which the 
     counsel intends to be present. 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.
       (c) Conduct of Counsel for the Witness. Counsel for 
     witnesses appearing before the Committee shall conduct 
     themselves in an ethical and professional manner at all times 
     in their dealings with the Committee. 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.
       (d) Role of Counsel for Witness. There shall be no direct 
     or cross-examination by counsel for the witness. However, 
     counsel for the witness 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 for the witness 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, unless the Chairman and Vice Chairman determine 
     there is good cause for noncompliance with the 48 hours 
     requirement.
       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 in writing 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 
     questioning 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 address such contempt recommendation 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 
     security procedures administered by the Committee Security 
     Director under the direct supervision of the Staff Director 
     and Minority Staff Director. 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 strictly prohibited except 
     as is necessary for the conduct of Committee business, and as 
     provided by these Rules. 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 
     received by, or 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,

[[Page S520]]

     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.
       9.11. Attendance of agencies or entities that were not 
     formally invited to a closed proceeding of the Committee 
     shall not be admitted to the closed meeting except upon 
     advance permission from the Chairman and Vice Chairman, or by 
     the Staff Director and Minority Staff Director acting on 
     their behalf.


                             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, 
     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, revocation 
     of the Committee sponsorship of the staff person's security 
     clearance and 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 may 
     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 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 
     available to all members 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

       No member of the Committee or Committee Staff shall travel 
     on Committee business unless specifically authorized by the

[[Page S521]]

     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.


             Rule 14. Suspension and Amendment of the Rules

       (a) 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.
       (b) These Rules shall continue and remain in effect from 
     one Congress to the next Congress unless they are changed as 
     provided herein.

                               Appendix A


                S. Res. 400, 94th Cong., 2d Sess. (1976)

       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

[[Page S522]]

     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 five-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 five-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,

[[Page S523]]

     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 provided in subsections (b) and 
     (c), the Select Committee shall have jurisdiction to review, 
     hold hearings, and report the nominations of civilian 
     individuals for positions in the intelligence community for 
     which appointments are made by the President, by and with the 
     advice and consent of the Senate.
       ``(2) Except as provided in subsections (b) and (c), other 
     committees with jurisdiction over the department or agency of 
     the Executive Branch which contain a position referred to in 
     paragraph (1) may hold hearings and interviews with 
     individuals nominated for such position, but only the Select 
     Committee shall report such nomination.
       ``(3) In this subsection, the term `intelligence community' 
     means an element of the intelligence community specified in 
     or designated under section 3(4) of the National Security Act 
     of 1947 (50 U.S.C. 3003(4)).
       ``(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,

[[Page S524]]

     such nomination shall be automatically discharged from the 
     Select Committee and placed on the Executive Calendar.
       ``(c)(1) With respect to the confirmation of appointment to 
     the position of Director of the National Security Agency, 
     Inspector General of the National Security Agency, Director 
     of the National Reconnaissance Office, or Inspector General 
     of the National Reconnaissance Office, or any successor 
     position to such a position, the nomination of any individual 
     by the President to serve in such position, who at the time 
     of the nomination is a member of the Armed Forces on active 
     duty, shall be referred to the Committee on Armed Services 
     and, if and when reported, to the Select Committee for not to 
     exceed 30 calendar days, except that in cases when the 30-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) With respect to the confirmation of appointment to 
     the position of Director of the National Security Agency, 
     Inspector General of the National Security Agency, Director 
     of the National Reconnaissance Office, or Inspector General 
     or the National Reconnaissance Office, or any successor 
     position to such a position, the nomination of any individual 
     by the President to serve in such position, who at the time 
     of the nomination is not a member of the Armed Forces on 
     active duty, shall be referred to the Select Committee and, 
     if and when reported, to the Committee on Armed Services for 
     not to exceed 30 calendar days, except that in cases when the 
     30-day period expires while the Senate is in recess, the 
     Committee on Armed Services shall have an additional 5 
     calendar days after the Senate reconvenes to report the 
     nomination.
       ``(3) If, upon the expiration of the period of sequential 
     referral described in paragraphs (1) and (2), the committee 
     to which the nomination was sequentially referred has not 
     reported the nomination, the nomination shall be 
     automatically discharged from that 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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