A resolution 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.

Bill: 113-sres-470
Sponsor: full_name: Sen. Feinstein, Dianne [D-CA]
Introduced: 2014-06-11
Policy area: Congress
Subjects: Congressional committees

Congressional oversight

Department of Justice

Federal officials

Intelligence activities, surveillance, classified information

National Security Agency

Senate Committee on the Judiciary

Senate Select Committee on Intelligence
Latest action: action_date: 2014-07-07
text: Resolution agreed to in Senate without amendment by Unanimous Consent. (consideration: CR S4204)

Summaries:
action_date: 2014-06-11
action_desc: Introduced in Senate
text: <p>Amends S.Res. 400 (94th Congress) with respect to the jurisdiction of the Senate Select Committee on Intelligence (Select Committee) to review, hold hearings, and report the nominations of individuals for positions in the intelligence community for which appointments are made by the President with the advice and consent of the Senate.</p> <p>Sets forth a process for the Select Committee to engage in a sequential referral with the Committee on Armed Services of nominations to the positions of Director of the National Security Agency (NSA), NSA Inspector General, Director of the National Reconnaissance Office (NRO), or NRO Inspector General. Makes the order of referral dependent upon whether the nominee, at the time of the nomination, is a member of the Armed Forces on active duty.</p> <p>Requires such nominations to be referred: (1) first to the Committee on Armed Services and then to the Select Committee (if and when reported by the Committee on Armed Services) if the nominee, at the time of the nomination, is a member of the Armed Forces on active duty; or (2) first to the Select Committee and then to the Committee on Armed Services (if and when reported by the Select Committee) if the nominee, at the time of the nomination, is not a member of the Armed Forces on active duty. </p> <p>Prohibits the second referral from exceeding 30 calendar days, except that in cases when the 30-day period expires while the Senate is in recess, the second committee is provided 5 additional calendar days after the Senate reconvenes to report the nomination. Requires the nomination to be automatically discharged and placed on the Executive Calendar if such reporting period for subsequent referral expires. </p>

action_date: 2014-07-07
action_desc: Passed Senate without amendment
text: <p><b>(This measure has not been amended since it was introduced. The summary of that version is repeated here.)</b></p> <p>Amends S.Res. 400 (94th Congress) with respect to the jurisdiction of the Senate Select Committee on Intelligence (Select Committee) to review, hold hearings, and report the nominations of individuals for positions in the intelligence community for which appointments are made by the President with the advice and consent of the Senate.</p> <p>Sets forth a process for the Select Committee to engage in a sequential referral with the Committee on Armed Services of nominations to the positions of Director of the National Security Agency (NSA), NSA Inspector General, Director of the National Reconnaissance Office (NRO), or NRO Inspector General. Makes the order of referral dependent upon whether the nominee, at the time of the nomination, is a member of the Armed Forces on active duty.</p> <p>Requires such nominations to be referred: (1) first to the Committee on Armed Services and then to the Select Committee (if and when reported by the Committee on Armed Services) if the nominee, at the time of the nomination, is a member of the Armed Forces on active duty; or (2) first to the Select Committee and then to the Committee on Armed Services (if and when reported by the Select Committee) if the nominee, at the time of the nomination, is not a member of the Armed Forces on active duty. </p> <p>Prohibits the second referral from exceeding 30 calendar days, except that in cases when the 30-day period expires while the Senate is in recess, the second committee is provided 5 additional calendar days after the Senate reconvenes to report the nomination. Requires the nomination to be automatically discharged and placed on the Executive Calendar if such reporting period for subsequent referral expires. </p>

tv_txt: III Calendar No. 429 113th CONGRESS 2d Session S. RES. 470 IN THE SENATE OF THE UNITED STATES June 11, 2014 Mrs. Feinstein submitted the following resolution; which was ordered placed on the calendar RESOLUTION 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.

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: 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, 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. .

June 11, 2014 Ordered placed on the calendar

tv_txt: III 113th CONGRESS 2d Session S. RES. 470 IN THE SENATE OF THE UNITED STATES June 11, 2014 Mrs. Feinstein submitted the following resolution; which was ordered placed on the calendar July 7, 2014 Considered and agreed to RESOLUTION 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.

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: 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, 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. .