[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.

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                        (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

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            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].