[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 445 Agreed to Senate (ATS)]

  2d Session
S. RES. 445

To eliminate certain restrictions on service of a Senator on the Senate 
                   Select Committee on Intelligence.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 2004

Mr. Lott submitted the following resolution; which was referred to the 
                 Committee on Rules and Administration

                            October 5, 2004

                Reported by Mr. Lott, without amendment

                            October 9, 2004

                   Considered, amended, and agreed to

_______________________________________________________________________

                               RESOLUTION


 
To eliminate certain restrictions on service of a Senator on the Senate 
                   Select Committee on Intelligence.

    Resolved,

SEC. 100. PURPOSE.

    It is the purpose of titles I through V of this resolution to improve the 
effectiveness of the Senate Select Committee on Intelligence, especially with 
regard to its oversight of the Intelligence Community of the United States 
Government, and to improve the Senate's oversight of homeland security.

                   TITLE I--HOMELAND SECURITY OVERSIGHT REFORM

SEC. 101. HOMELAND SECURITY.

    (a) Committee on Homeland Security and Government Affairs.--The Committee on 
Governmental Affairs is renamed as the Committee on Homeland Security and 
Governmental Affairs.
    (b) Jurisdiction.--There shall be referred to the committee all proposed 
legislation, messages, petitions, memorials, and other matters relating to the 
following subjects:
            (1) Department of Homeland Security, except matters relating to--
                    (A) the Coast Guard, the Transportation Security 
                Administration, the Federal Law Enforcement Training Center or 
                the Secret Service; and
                    (B)(i) the United States Citizenship and Immigration 
                Service; or
                    (ii) the immigration functions of the United States Customs 
                and Border Protection or the United States Immigration and 
                Custom Enforcement or the Directorate of Border and 
                Transportation Security; and
                    (C) the following functions performed by any employee of the 
                Department of Homeland Security--
                            (i) any customs revenue function including any 
                        function provided for in section 415 of the Homeland 
                        Security Act of 2002 (Public Law 107-296);
                            (ii) any commercial function or commercial operation 
                        of the Bureau of Customs and Border Protection or Bureau 
                        of Immigration and Customs Enforcement, including 
                        matters relating to trade facilitation and trade 
                        regulation; or
                            (iii) any other function related to clause (i) or 
                        (ii) that was exercised by the United States Customs 
                        Service on the day before the effective date of the 
                        Homeland Security Act of 2002 (Public Law 107-296).
    The jurisdiction of the Committee on Homeland Security and Governmental 
Affairs in this paragraph shall supersede the jurisdiction of any other 
committee of the Senate provided in the rules of the Senate: Provided, That the 
jurisdiction provided under section 101(b)(1) shall not include the National 
Flood Insurance Act of 1968, or functions of the Federal Emergency Management 
Agency related thereto.
            (2) Archives of the United States.
            (3) Budget and accounting measures, other than appropriations, 
        except as provided in the Congressional Budget Act of 1974.
            (4) Census and collection of statistics, including economic and 
        social statistics.
            (5) Congressional organization, except for any part of the matter 
        that amends the rules or orders of the Senate.
            (6) Federal Civil Service.
            (7) Government information.
            (8) Intergovernmental relations.
            (9) Municipal affairs of the District of Columbia, except 
        appropriations therefor.
            (10) Organization and management of United States nuclear export 
        policy.
            (11) Organization and reorganization of the executive branch of the 
        Government.
            (12) Postal Service.
            (13) Status of officers and employees of the United States, 
        including their classification, compensation, and benefits.
    (c) Additional Duties.--The committee shall have the duty of--
            (1) receiving and examining reports of the Comptroller General of 
        the United States and of submitting such recommendations to the Senate 
        as it deems necessary or desirable in connection with the subject matter 
        of such reports;
            (2) studying the efficiency, economy, and effectiveness of all 
        agencies and departments of the Government;
            (3) evaluating the effects of laws enacted to reorganize the 
        legislative and executive branches of the Government; and
            (4) studying the intergovernmental relationships between the United 
        States and the States and municipalities, and between the United States 
        and international organizations of which the United States is a member.
    (d) Jurisdiction of Budget Committee.--Notwithstanding paragraph (b)(3) of 
this section, and except as otherwise provided in the Congressional Budget Act 
of 1974, the Committee on the Budget shall have exclusive jurisdiction over 
measures affecting the congressional budget process, which are--
            (1) the functions, duties, and powers of the Budget Committee;
            (2) the functions, duties, and powers of the Congressional Budget 
        Office;
            (3) the process by which Congress annually establishes the 
        appropriate levels of budget authority, outlays, revenues, deficits or 
        surpluses, and public debt--including subdivisions thereof--and 
        including the establishment of mandatory ceilings on spending and 
        appropriations, a floor on revenues, timetables for congressional action 
        on concurrent resolutions, on the reporting of authorization bills, and 
        on the enactment of appropriation bills, and enforcement mechanisms for 
        budgetary limits and timetables;
            (4) the limiting of backdoor spending devices;
            (5) the timetables for Presidential submission of appropriations and 
        authorization requests;
            (6) the definitions of what constitutes impoundment--such as 
        ``rescissions'' and ``deferrals'';
            (7) the process and determination by which impoundments must be 
        reported to and considered by Congress;
            (8) the mechanisms to insure Executive compliance with the 
        provisions of the Impoundment Control Act, title X--such as GAO review 
        and lawsuits; and
            (9) the provisions which affect the content or determination of 
        amounts included in or excluded from the congressional budget or the 
        calculation of such amounts, including the definition of terms provided 
        by the Budget Act.
    (e) OMB Nominees.--The Committee on the Budget and the Committee on Homeland 
Security and Governmental Affairs shall have joint jurisdiction over the 
nominations of persons nominated by the President to fill the positions of 
Director and Deputy Director for Budget within the Office of Management and 
Budget, and if one committee votes to order reported such a nomination, the 
other must report within 30 calendar days session, or be automatically 
discharged.

                     TITLE II--INTELLIGENCE OVERSIGHT REFORM

SEC. 201. INTELLIGENCE OVERSIGHT.

    (a) Committee on Armed Services Membership.--Section 2(a)(3) of Senate 
Resolution 400, agreed to May 19, 1976 (94th Congress) (referred to in this 
section as ``S. Res. 400'') is amended by--
            (1) inserting ``(A)'' after ``(3)''; and
            (2) inserting at the end the following:
    ``(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) Number of Members.--Section 2(a) of S. Res. 400 is amended--
            (1) in paragraph (1), by inserting ``not to exceed'' before 
        ``fifteen members'';
            (2) in paragraph (1)(E), by inserting ``not to exceed'' before 
        ``seven''; and
            (3) in paragraph (2), by striking the second sentence and inserting 
        ``Of any members appointed under paragraph (1)(E), the majority leader 
        shall appoint the majority members and the minority leader shall appoint 
        the minority members, with the majority having a one vote margin.''.
    (c) Elimination of Term Limits.--Section 2 of Senate Resolution 400, 94th 
Congress, agreed to May 19, 1976, is amended by striking subsection (b) and by 
redesignating subsection (c) as subsection (b).
    (d) Appointment of Chairman and Vice Chairman.--Section 2(b) of S. Res. 400, 
as redesignated by subsection (c) of this section, is amended by striking the 
first sentence and inserting the following: ``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.''.
    (e) Subcommittees.--Section 2 of S. Res. 400, as amended by subsections (a) 
through (d), is amended by adding at the end the following:
    ``(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.''.
    (f) Reports.--Section 4(a) of S. Res. 400 is amended by inserting ``, but 
not less than quarterly,'' after ``periodic''.
    (g) Staff.--Section 15 of S. Res. 400 is amended to read as follows:
    ``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.''.
    (h) Nominees.--S. Res. 400 is amended by adding at the end the following:
    ``Sec. 17. (a) 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.
    ``(b) 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.''.
    (i) Jurisdiction.--Section 3(b) of S. Res. 400 is amended to read as 
follows:
    ``(b)(1) Any proposed legislation reported by the select Committee except 
any legislation involving matters specified in clause (1) or (4)(A) 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 prescribed 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 the 
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.''.
    (j) Public Disclosure.--Section 8 of S. Res. 400 is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``shall notify the 
                President of such vote'' and inserting ``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.'';
                    (B) in paragraph (2), by striking ``transmitted to the 
                President'' and inserting ``transmitted to the Majority Leader 
                and the Minority Leader and the President''; and
                    (C) by amending paragraph (3) to read as follows:
            ``(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.''.

                           TITLE III--COMMITTEE STATUS

SEC. 301. COMMITTEE STATUS.

    (a) Homeland Security.--The Committee on Homeland Security and Governmental 
Affairs shall be treated as the Committee on Governmental Affairs listed under 
paragraph 2 of rule XXV of the Standing Rules of the Senate for purposes of the 
Standing Rules of the Senate.
    (b) Intelligence.--The Select Committee on Intelligence shall be treated as 
a committee listed under paragraph 2 of rule XXV of the Standing Rules of the 
Senate for purposes of the Standing Rules of the Senate.

                  TITLE IV--INTELLIGENCE-RELATED SUBCOMMITTEES

SEC. 401. SUBCOMMITTEE RELATED TO INTELLIGENCE OVERSIGHT.

    (a) Establishment.--There is established in the Select Committee on 
Intelligence a Subcommittee on Oversight which shall be in addition to any other 
subcommittee established by the select Committee.
    (b) Responsibility.--The Subcommittee on Oversight shall be responsible for 
ongoing oversight of intelligence activities.

SEC. 402. SUBCOMMITTEE RELATED TO INTELLIGENCE APPROPRIATIONS.

    (a) Establishment.--There is established in the Committee on Appropriations 
a Subcommittee on Intelligence. The Committee on Appropriations shall reorganize 
into 13 subcommittees as soon as possible after the convening of the 109th 
Congress.
    (b) Jurisdiction.--The Subcommittee on Intelligence of the Committee on 
Appropriations shall have jurisdiction over funding for intelligence matters, as 
determined by the Senate Committee on Appropriations.

                             TITLE V--EFFECTIVE DATE

SEC. 501. EFFECTIVE DATE.

    This resolution shall take effect on the convening of the 109th Congress.
            Attest:

                                                                      Secretary.