[Pages S3606-S3607]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SENATE RESOLUTION 470--AMENDING SENATE RESOLUTION 400 (94TH CONGRESS) 
   TO CLARIFY THE RESPONSIBILITY OF COMMITTEES OF THE SENATE IN THE 
  PROVISION OF THE ADVICE AND CONSENT OF THE SENATE TO NOMINATIONS TO 
                POSITIONS IN THE INTELLIGENCE COMMUNITY

  Mrs. FEINSTEIN submitted the following resolution; which was placed 
on the calendar:

                              S. Res. 470

       Resolved,

     SECTION 1. RESPONSIBILITY OF COMMITTEES IN ADVICE AND CONSENT 
                   OF SENATE TO INTELLIGENCE APPOINTMENTS.

       Section 17 of Senate Resolution 400 agreed to May 19, 1976 
     (94th Congress) is amended to read as follows:
       ``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

[[Page S3607]]

     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.
       ``(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.''.

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