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In the Congressional Record S214 CONGRESSIONAL RECORD — SENATE January 15, 2019 (b) As used in this resolution, the term ‘‘(2) If, upon the expiration of the period (b) Jurisdiction.—The Subcommittee on ‘‘department or agency’’ includes any orga- described in paragraph (1), the Select Com- Intelligence of the Committee on Appropria- nization, committee, council, establishment, mittee has not reported the nomination, tions shall have jurisdiction over funding for or office within the Federal Government. such nomination shall be automatically dis- intelligence matters, as determined by the (c) For purposes of this resolution, ref- charged from the Select Committee and Senate Committee on Appropriations. erence to any department, agency, bureau, placed on the Executive Calendar. APPENDIX C or subdivision shall include a reference to ‘‘(c)(1) With respect to the confirmation of RULE 26.5(B) OF THE STANDING RULES OF THE any successor department, agency, bureau, appointment to the position of Director of SENATE or subdivision to the extent that such suc- the National Security Agency, Inspector cessor engages in intelligence activities now General of the National Security Agency, Di- (REFERRED TO IN COMMITTEE RULE 2.1) conducted by the department, agency, bu- rector of the National Reconnaissance Of- Each meeting of a committee, or any sub- reau, or subdivision referred to in this reso- fice, or Inspector General of the National Re- committee thereof, including meetings to lution. connaissance Office, or any successor posi- conduct hearings, shall be open to the public, SEC. 15. (a) In addition to other committee tion to such a position, the nomination of except that a meeting or series of meetings staff selected by the select Committee, the any individual by the President to serve in by a committee or a subcommittee thereof select Committee shall hire or appoint one such position, who at the time of the nomi- on the same subject for a period of no more employee for each member of the select nation is a member of the Armed Forces on than fourteen calendar days may be closed to Committee to serve as such Member’s des- active duty, shall be referred to the Com- the public on a motion made and seconded to ignated representative on the select Com- mittee on Armed Services and, if and when go into closed session to discuss only wheth- mittee. The select Committee shall only hire reported, to the Select Committee for not to er the matters enumerated in clauses (1) or appoint an employee chosen by the respec- exceed 30 calendar days, except that in cases through (6) would require the meeting to be tive Member of the select Committee for when the 30-day period expires while the closed, followed immediately by a record whom the employee will serve as the des- Senate is in recess, the Select Committee vote in open session by a majority of the ignated representative on the select Com- shall have 5 additional calendar days after members of the committee or subcommittee mittee. the Senate reconvenes to report the nomina- when it is determined that the matters to be (b) The select Committee shall be afforded discussed or the testimony to be taken at a supplement to its budget, to be determined tion. ‘‘(2) With respect to the confirmation of such meeting or meetings— by the Committee on Rules and Administra- (1) will disclose matters necessary to be tion, to allow for the hire of each employee appointment to the position of Director of kept secret in the interests of national de- who fills the position of designated rep- the National Security Agency, Inspector fense or the confidential conduct of the for- resentative to the select Committee. The General of the National Security Agency, Di- eign relations of the United States; designated representative shall have office rector of the National Reconnaissance Of- (2) will relate solely to matters of com- space and appropriate office equipment in fice, or Inspector General or the National mittee staff personnel or internal staff man- the select Committee spaces. Designated per- Reconnaissance Office, or any successor posi- agement or procedure; sonal representatives shall have the same ac- tion to such a position, the nomination of (3) will tend to charge an individual with cess to Committee staff, information, any individual by the President to serve in records, and databases as select Committee such position, who at the time of the nomi- crime or misconduct, to disgrace or injure staff, as determined by the Chairman and nation is not a member of the Armed Forces the professional standing of an individual, or Vice Chairman. on active duty, shall be referred to the Se- otherwise to expose an individual to public (c) The designated employee shall meet all lect Committee and, if and when reported, to contempt or obloquy, or will represent a the requirements of relevant statutes, Sen- the Committee on Armed Services for not to clearly unwarranted invasion of the privacy ate rules, and committee security clearance exceed 30 calendar days, except that in cases of an individual; requirements for employment by the select when the 30-day period expires while the (4) will disclose the identity of any in- Committee. Senate is in recess, the Committee on Armed former or law enforcement agent or will dis- (d) Of the funds made available to the se- Services shall have an additional 5 calendar close any information relating to the inves- lect Committee for personnel— days after the Senate reconvenes to report tigation or prosecution of a criminal offense (1) not more than 60 percent shall be under the nomination. that is required to be kept secret in the in- the control of the Chairman; and ‘‘(3) If, upon the expiration of the period of terests of effective law enforcement; (2) not less than 40 percent shall be under sequential referral described in paragraphs (5) will disclose information relating to the the control of the Vice Chairman. (1) and (2), the committee to which the nomi- trade secrets of financial or commercial in- SEC. 16. Nothing in this resolution shall be nation was sequentially referred has not re- formation pertaining specifically to a given construed as constituting acquiescence by ported the nomination, the nomination shall person if— the Senate in any practice, or in the conduct be automatically discharged from that com- (A) an Act of Congress requires the infor- of any activity, not otherwise authorized by mittee and placed on the Executive Cal- mation to be kept confidential by Govern- law. endar.’’. ment officers and employees; or SEC. 17. (a)(1) Except as provided in sub- APPENDIX B (B) the information has been obtained by sections (b) and (c), the Select Committee the Government on a confidential basis, INTELLIGENCE PROVISIONS IN S. RES. 445, 108TH shall have jurisdiction to review, hold hear- other than through an application by such CONG., 2D SESS. (2004) WHICH WERE NOT INCOR- ings, and report the nominations of civilian person for a specific Government financial or PORATED IN S. RES. 400, 94TH CONG., 2D SESS. individuals for positions in the intelligence other benefit, and is required to be kept se- (1976) community for which appointments are cret in order to prevent undue injury to the made by the President, by and with the ad- TITLE III—COMMITTEE STATUS competitive position of such person; or vice and consent of the Senate. Sec. 301(b) Intelligence.—The Select Com- (6) may divulge matters required to be ‘‘(2) Except as provided in subsections (b) mittee on Intelligence shall be treated as a kept confidential under other provisions of and (c), other committees with jurisdiction committee listed under paragraph 2 of rule law or Government regulations. over the department or agency of the Execu- XXV of the Standing Rules of the Senate for f tive Branch which contain a position re- purposes of the Standing Rules of the Sen- ferred to in paragraph (1) may hold hearings ate. TRIBUTE TO DR. CHI WANG and interviews with individuals nominated for such position, but only the Select Com- TITLE IV—INTELLIGENCE-RELATED Mr. RISCH. Madam President, today mittee shall report such nomination. SUBCOMMITTEES I wish to honor the long and distin- ‘‘(3) In this subsection, the term ‘intel- Sec. 401. Subcommittee Related to Intel- guished career of Chi Wang, Ph.D. The ligence community’ means an element of the ligence Oversight. year 2018 marked the 90th anniversary intelligence community specified in or des- (a) Establishment.—There is established in of the creation of the Chinese Section ignated under section 3(4) of the National Se- the Select Committee on Intelligence a Sub- at the U.S. Library of Congress in 1928. curity Act of 1947 (50 U.S.C. 3003(4)). committee on Oversight which shall be in ad- ‘‘(b)(1) With respect to the confirmation of dition to any other subcommittee estab- Dr. Wang spent nearly 50 years work- the Assistant Attorney General for National lished by the select Committee. ing at the Library of Congress, ulti- Security, or any successor position, the nom- (b) Responsibility.—The Subcommittee on mately serving as the head of the Chi- ination of any individual by the President to Oversight shall be responsible for ongoing nese and Korean section until his re- serve in such position shall be referred to the oversight of intelligence activities. tirement in 2004. Committee on the Judiciary and, if and when Sec. 402. Subcommittee Related to Intel- Dr. Chi Wang came to the United reported, to the Select Committee for not to ligence Appropriations. States from China as a high school stu- exceed 20 calendar days, except that in cases (a) Establishment.—There is established in dent in 1949.
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