[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 655 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
S. RES. 655

 To improve congressional oversight of the intelligence activities of 
                           the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 11, 2008

 Mr. Bond (for himself, Mr. Rockefeller, and Mr. Whitehouse) submitted 
the following resolution; which was referred to the Committee on Rules 
                           and Administration

_______________________________________________________________________

                               RESOLUTION


 
 To improve congressional oversight of the intelligence activities of 
                           the United States.

Whereas the Select Committee on Intelligence of the Senate was created by Senate 
        Resolution 400 in the 94th Congress to oversee and make continuing 
        studies of the intelligence activities of the United States;
Whereas Senate Resolution 400 specifically required that the Select Committee on 
        Intelligence be composed of at least two cross-over members, with one 
        such member from each party, from the Committee on Appropriations, the 
        Committee on Armed Services, Committee on Foreign Relations, and the 
        Committee on the Judiciary of the Senate, which would provide such 
        Committees with member insight into intelligence oversight matters;
Whereas the National Commission on Terrorist Attacks Upon the United States 
        (referred to in this Resolution as the ``9/11 Commission'') conducted a 
        lengthy review of the facts and circumstances relating to the terrorist 
        attacks of September 11, 2001, including those relating to the 
        intelligence community, law enforcement agencies, and the role of 
        congressional oversight and resource allocation;
Whereas in its final report, the 9/11 Commission found that under the Rules of 
        the Senate and the House of Representatives in effect at the time the 
        report was completed, the committees of Congress charged with oversight 
        of the intelligence activities lacked the power, influence, and 
        sustained capability to meet the daunting challenges faced by the 
        intelligence community of the United States;
Whereas in its final report, the 9/11 Commission further found that as long as 
        oversight is governed by such rules of the Senate and the House of 
        Representatives, the people of the United States will not get the 
        security they want and need;
Whereas in its final report, the 9/11 Commission further found that a strong, 
        stable, and capable congressional committee structure is needed to give 
        the intelligence community of the United States appropriate oversight, 
        support, and leadership;
Whereas in its final report, the 9/11 Commission further found that the reforms 
        recommended by the 9/11 Commission in its final report will not succeed 
        if congressional oversight of the intelligence community in the United 
        States is not changed;
Whereas the 9/11 Commission recommended structural changes to Congress to 
        improve the oversight of intelligence activities;
Whereas Congress has enacted some of the recommendations made by the 9/11 
        Commission and is considering implementing additional recommendations of 
        the 9/11 Commission;
Whereas the Senate adopted Senate Resolution 445 in the 108th Congress to 
        address some of the intelligence oversight recommendations of the 9/11 
        Commission by abolishing term limits for the members of the Select 
        Committee on Intelligence, clarifying jurisdiction for intelligence-
        related nominations, and streamlining procedures for the referral of 
        intelligence-related legislation, but other aspects of the 9/11 
        Commission recommendations regarding fiscal oversight of intelligence 
        have not been implemented;
Whereas, in Senate Resolution 445 in the 108th Congress, the Senate provided for 
        the establishment of a Subcommittee on Intelligence of the Committee on 
        Appropriations and gave it jurisdiction over funding for intelligence 
        matters;
Whereas there remains a need to improve congressional oversight of the 
        intelligence activities of the United States and provide a strong, 
        stable, and capable congressional committee structure to provide the 
        intelligence community appropriate oversight, support and leadership; 
        and
Whereas there also remains a need to implement a key 9/11 Commission 
        recommendation to make structural changes within Congress to improve the 
        oversight of intelligence activities and provide vigilant legislative 
        oversight to assure that such activities are in conformity with the 
        Constitution and laws of the United States: Now, therefore, be it
    Resolved,
    That Senate Resolution 445, 108th Congress, agreed to October 9, 
2004, is amended by striking section 402 and inserting the following:

``SEC. 402. SUBCOMMITTEE RELATED TO INTELLIGENCE APPROPRIATIONS.

    ``(a) Establishment.--There is established in the Committee on 
Appropriations of the Senate a Subcommittee on Intelligence.
    ``(b) Jurisdiction.--The Subcommittee on Intelligence established 
under subsection (a) shall have exclusive jurisdiction over all funding 
for the National Intelligence Program, as defined in section 3(6) of 
the National Security Act of 1947 (50 U.S.C. 401(a)(6)).
    ``(c) Procedure.--The Subcommittee on Intelligence established 
under subsection (a) shall approve for full committee consideration an 
annual appropriations bill for the National Intelligence Program. Upon 
approval by such Subcommittee on Intelligence, the annual 
appropriations bill for the National Intelligence Program shall be 
considered by the full Committee on Appropriations of the Senate, 
without intervening review by any other subcommittee. Upon approval by 
the full Committee on Appropriations, the bill shall then be reported 
to the Senate for consideration.
    ``(d) Composition.--
            ``(1) Members of the select committee on intelligence.--
                    ``(A) In general.--Members of the Committee on 
                Appropriations of the Senate who are also members of 
                the Select Committee on Intelligence of the Senate 
                shall have automatic membership on the Subcommittee on 
                Intelligence established under subsection (a).
                    ``(B) Ex officio member.--If the Chairman or Vice 
                Chairman of the Select Committee on Intelligence of the 
                Senate is not also a member of the Committee on 
                Appropriations of the Senate, then such Chairman or 
                Vice Chairman shall serve as an ex officio member of 
                such Subcommittee on Intelligence.
            ``(2) Subcommittee on defense appropriations.--The Chairman 
        and Ranking Member of the Subcommittee on Defense of the 
        Committee on Appropriations of the Senate shall have automatic 
        membership on such Subcommittee on Intelligence.
            ``(3) Chairman and ranking member.--The Chairman and 
        Ranking Member of such Subcommittee on Intelligence shall be 
        selected from among those members who are both members of the 
        Committee on Appropriations and the Select Committee on 
        Intelligence of the Senate.
            ``(4) Other assignments.--Assignment to, and a role on, 
        such Subcommittee on Intelligence shall not count against any 
        other committee or subcommittee role or assignment of any 
        member of the Committee on Appropriations of the Senate.
    ``(e) Staff.--
            ``(1) Authority to hire.--The Chairman and Ranking Member 
        of the Subcommittee on Intelligence established under 
        subsection (a) shall, in consultation with the Chairman and 
        Ranking Member of the Committee on Appropriations of the 
        Senate, select, designate, or hire staff for such Subcommittee.
            ``(2) Access to classified information.--A member of the 
        staff of such Subcommittee on Intelligence may not be given 
        access to classified information by such Subcommittee unless 
        such staff member has received an appropriate security 
        clearance, as determined by such Subcommittee in consultation 
        with the Director of National Intelligence.''.
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