    [United States Senate Manual, 113th Congress]
    [S. Doc. 113-1]
    [Non-statutory Standing Orders and Regulations Affecting the Business of the Senate]
    [Pages 153-166]
    [From the U.S. Government Publishing Office, www.gpo.gov]

            81                SELECT COMMITTEE ON INTELLIGENCE

                    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 ma

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                jority 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.

    [[Page 155]]

                            (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
                pre

    [[Page 156]]

                scribed 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

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                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

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                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,

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                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 Sen

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                ate, 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).

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                    (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

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                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.

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                            (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;

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                            (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.

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                    (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.

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                    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.

                 [S. Res. 400, 94-2, May 19, 1976; S. Res. 4, 95-1, Feb. 8,
                   1977; S. Res. 445, 108-2, Oct. 9, 2004, Pub. L. 109-177,
                Sec.  506. 120 Stat. 247 (2005), and S. Res. 50, 110-1, Feb
                                                                  14, 2007].