[Congressional Record Volume 150, Number 126 (Thursday, October 7, 2004)]
[Senate]
[Pages S10750-S10758]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3986. Mr. REID (for Mr. Byrd) submitted an amendment intended to 
be proposed to amendment SA 3981 proposed by Mr. McConnell (for 
himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution S. 
Res. 445, to eliminate certain restrictions on service of a Senator on 
the Senate Select Committee on Intelligence; as follows:

       At the appropriate place in Sec. 402(b) after the word 
     ``matters'' insert the following: ``, as determined by the 
     Senate Committee on Appropriations''.
                                 ______
                                 
  SA 3987. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, 
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       Strike section 101(b)(1) of the resolution and insert the 
     following:
       (b) Jurisdiction.--There shall be referred to the committee 
     all proposed legislation, messages, petitions, memorials, and 
     other matters relating primarily to the following subjects:
       (1) Department of Homeland Security, except matters 
     relating to--
       (A) the Coast Guard, the Transportation Security 
     Administration, or the Federal Law Enforcement Training 
     Center; and
       (B) 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).
                                 ______
                                 
  SA 3988. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, 
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       At the appropriate place in the resolution, insert the 
     following:

     SEC. __. CLARIFICATION OF SENATE RULE XVI.

       Notwithstanding the provisions of paragraph 2 of rule XVI 
     of the Standing Rules of the Senate, the Committee on 
     Appropriations shall not report an appropriation bill 
     proposing new or general legislation or any restriction on 
     the expenditure of the funds appropriated which proposes a 
     limitation not authorized by law if such restriction is to 
     take effect or cease to be effective upon the happening of a 
     contingency, and if an appropriation bill is reported to the 
     Senate proposing new or general legislation or any such

[[Page S10751]]

     restriction, a point of order may be made against the bill, 
     and if the point is sustained, the bill shall be recommitted 
     to the Committee on Appropriations.
                                 ______
                                 
  SA 3989. Mr. BAUCUS (for Mr. Grassley (for himself and Mr. Baucus)) 
submitted an amendment intended to be proposed to amendment SA 3981 
proposed by Mr. McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. 
Daschle) to the resolution S. Res. 445, to eliminate certain 
restrictions on service of a Senator on the Senate Select Committee on 
Intelligence; as follows:

       Strike section 101(b)(1) of the resolution and insert the 
     following:
       (b) Jurisdiction.--There shall be referred to the committee 
     all proposed legislation, messages, petitions, memorials, and 
     other matters relating primarily to the following subjects:
       (1) Department of Homeland Security, except matters 
     relating to--
       (A) the Coast Guard, the Transportation Security 
     Administration, or the Federal Law Enforcement Training 
     Center; and
       (B) 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).
                                 ______
                                 
  SA 3990. Mr. KENNEDY (for Mr. CHAMBLISS (for himself and Mr. 
Kennedy)) submitted an amendment intended to be proposed to amendment 
SA 3981 proposed by Mr. McCONNELL (for himself, Mr. Reid, Mr. Frist, 
and Mr. Daschle) to the resolution S. Res. 445, to eliminate certain 
restrictions on service of a Senator on the Senate Select Committee on 
Intelligence; which was ordered to lie on the table; as follows:

       At the end of section 101(b)(1) insert the following: 
     ``except matters relating to the U.S. Citizenship and 
     Immigration Service, and the immigration functions of the 
     U.S. Customs and Border Protection, the U.S. Immigration and 
     Customs Enforcement, and the Directorate of Border and 
     Transportation Security.''.
                                 ______
                                 
  SA 3991. Mr. HAGEL (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed to amendment SA 3981 proposed by Mr. 
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the 
resolution S. Res. 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on Intelligence; which was 
ordered to lie on the table; as follows:

       Section 301(b) is amended by adding at the end the 
     following: ``The service of a member selected pursuant to 
     section 2(a)(1) of S. Res. 400 (94th Congress) shall not be 
     counted for purposes of paragraph 4(a)(1) of rule XXV of the 
     Standing Rules of the Senate.''.
                                 ______
                                 
  SA 3992. Mr. CORNYN (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed to amendment SA 3981 proposed by Mr. 
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the 
resolution S. Res. 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on Inelligence; which was 
ordered to lie ont eh table; as follows:

       In section 101(d), insert ``(1)'' after ``subsection (b)''.
                                 ______
                                 
  SA 3993. Mr. CORNYN (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed to amendment SA 3981 proposed by Mr. 
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the 
resolution S. Res. 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on Intelligence; which was 
ordered to lie on the table; as follows:

       In section 101(d), insert ``, except that the Committee on 
     the Judiciary shall continue to have joint jurisdiction over 
     government information'' before the period at the end.
                                 ______
                                 
  SA 3994. Mr. CHAMBLISS (for himself, Mr. Kennedy, and Mr. Specter) 
proposed an amendment to amendment SA 3981 proposed by Mr. McConnell 
(for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution 
S. Res. 445, to eliminate certain restrictions on service of a Senator 
on the Senate Select Committee on Intelligence; as follows:

       At the end of section 101(b)(1) insert the following: 
     ``except matters relating to the U.S. Citizenship and 
     Immigration Service and the immigration functions of the U.S. 
     Customs and Border Protection and the U.S. Immigration and 
     Customs Enforcement, the Directorate of Border and 
     Transportation Security.''.
                                 ______
                                 
  SA 3995. Mr. BAYH (for himself, Mr. Roberts, Mr. Wyden, Mrs. 
Feinstein, Mr. McCain, and Ms. Snowe) proposed an amendment to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; as follows:

       Section 201 is amended by adding at the end the following:
       (i) Referral.--Section 3 of S. Res. 400 is amended by--
       (1) striking subsection (b); and
       (2) redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively.
                                 ______
                                 
  SA 3996. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       In section 101, strike subsections (b) and (c) and insert 
     the following:
       (b) Jurisdiction.--
       (1) Committee.--There shall be referred to the committee 
     all proposed legislation, messages, petitions, memorials, and 
     other matters relating primarily to the following subjects:
       (A) Department of Homeland Security, except matters 
     relating to the Coast Guard, the Transportation Security 
     Administration, the Federal Law Enforcement Training Center, 
     and the revenue functions of the Customs Service.
       (B) Archives of the United States.
       (C) Federal Civil Service.
       (D) Government information.
       (E) Intergovernmental relations.
       (F) Municipal affairs of the District of Columbia, except 
     appropriations therefor.
       (G) Organization and reorganization of the executive branch 
     of the Government.
       (H) Postal Service.
       (I) Status of officers and employees of the United States, 
     including their classification, compensation, and benefits, 
     except for retirement and pensions.
       (2) Other committees.--
       (A) Committee on banking, housing, and urban affairs.--
     There shall be referred to the Committee on Banking, Housing, 
     and Urban Affairs all proposed legislation, messages, 
     petitions, memorials, and other matters relating primarily to 
     budget and accounting measures, other than appropriations, 
     except as provided in the Congressional Budget Act of 1974.
       (B) Committee on commerce, science, and transportation.--
     There shall be referred to the Committee on Commerce, 
     Science, and Transporation all proposed legislation, 
     messages, petitions, memorials, and other matters relating 
     primarily to the census and collection of statistics, 
     including economic and social statistics.
       (C) Committee on rules and administration.--There shall be 
     referred to the Committee on Rules and Administration all 
     proposed legislation, messages, petitions, memorials, and 
     other matters relating primarily to congressional 
     organization.
       (D) Committee on energy and natural resources.--There shall 
     be referred to the Committee on Energy and Natural Resources 
     all proposed legislation, messages, petitions, memorials, and 
     other matters relating primarily to organization and 
     management of United States nuclear export policy.
       (E) Committee on health, education, labor, and pensions.--
     There shall be referred to the Committee on Health, 
     Education, Labor, and Pensions all proposed legislation, 
     messages, petitions, memorials, and other matters relating 
     primarily to Federal workforce retirement and pension 
     benefits.
       (F) Committee on foreign relations.--There shall be 
     referred to the Committee on Foreign Relations all proposed 
     legislation, messages, petitions, memorials, and other 
     matters relating primarily to studying the intergovernmental 
     relationships between the United States and international 
     organizations of which the United States is a member.
       (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

[[Page S10752]]

       (4) studying the intergovernmental relationships between 
     the United States and the States and municipalities.
                                 ______
                                 
  SA 3997. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid,  
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       In section 101, strike subsections (b) and (c) and insert 
     the following:
       (b) Jurisdiction.--
       (1) Committee.--There shall be referred to the committee 
     all proposed legislation, messages, petitions, memorials, and 
     other matters relating primarily to the following subjects:
       (A) Department of Homeland Security, except matters 
     relating to the Coast Guard, the Transportation Security 
     Administration, the Federal Law Enforcement Training Center, 
     and the revenue functions of the Customs Service.
       (B) Archives of the United States.
       (C) Federal Civil Service.
       (D) Government information.
       (E) Intergovernmental relations.
       (F) Municipal affairs of the District of Columbia, except 
     appropriations therefor.
       (G) Organization and reorganization of the executive branch 
     of the Government.
       (H) Postal Service.
       (I) Status of officers and employees of the United States, 
     including their classification, compensation, and benefits, 
     except for retirement and pensions.
       (2) Other committees.--
       (A) Committee on banking, housing, and urban affairs.--
     There shall be referred to the Committee on Banking, Housing, 
     and Urban Affairs all proposed legislation, messages, 
     petitions, memorials, and other matters relating primarily to 
     the following:
       (i) Budget and accounting measures, other than 
     appropriations, except as provided in the Congressional 
     Budget Act of 1974.
       (ii) Compliance or noncompliance of corporations, 
     companies, or individual or other entities with the rules, 
     regulations, and law governing the various governmental 
     agencies.
       (B) Committee on commerce, science, and transportation.--
     There shall be referred to the Committee on Commerce, 
     Science, and Transporation all proposed legislation, 
     messages, petitions, memorials, and other matters relating 
     primarily to the census and collection of statistics, 
     including economic and social statistics.
       (C) Committee on rules and administration.--There shall be 
     referred to the Committee on Rules and Administration all 
     proposed legislation, messages, petitions, memorials, and 
     other matters relating primarily to congressional 
     organization.
       (D) Committee on energy and natural resources.--There shall 
     be referred to the Committee on Energy and Natural Resources 
     all proposed legislation, messages, petitions, memorials, and 
     other matters relating primarily to the following:
       (i) Organization and management of United States nuclear 
     export policy.
       (ii) Efficiency, economy, and effectiveness of all agencies 
     and departments of the Government involved in the control and 
     management of energy resources and relations with other oil 
     producing and consuming countries with respect to Government 
     involvement in the control and management of energy 
     shortages.
       (E) Committee on health, education, labor, and pensions.--
     There shall be referred to the Committee on Health, 
     Education, Labor, and Pensions all proposed legislation, 
     messages, petitions, memorials, and other matters relating 
     primarily to Federal workforce retirement and pension 
     benefits.
       (F) Committee on foreign relations.--There shall be 
     referred to the Committee on Foreign Relations all proposed 
     legislation, messages, petitions, memorials, and other 
     matters relating primarily to studying the intergovernmental 
     relationships between the United States and international 
     organizations of which the United States is a member.
       (G) Committee on the judiciary.--There shall be referred to 
     the Committee on the Judiciary all proposed legislation, 
     messages, petitions, memorials, and other matters relating 
     primarily to the following:
       (i) Syndicated or organized crime which may operate in or 
     otherwise utilize the facilities of interstate and 
     international commerce.
       (ii) All other aspects of crime and lawlessness within the 
     United States which have an impact upon or affect the 
     national health, welfare, and safety.
       (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.
                                 ______
                                 
  SA 3998. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:
       On page 7, between lines 20 and 21, insert the following:

     SEC. 202. SENATE CONFERENCE PROCESS FOR INTELLIGENCE 
                   APPROPRIATIONS.

       (a) Conference Requirement and Procedure.--
       (1) In General.--It shall not be in order for the Senate to 
     proceed to the consideration of a bill making an intelligence 
     appropriation unless--
       (A) it is a bill that has been reported by the Committee on 
     Appropriations;
       (B) the bill has been subsequently referred to the Select 
     Committee on Intelligence;
       (C) there has been a conference between the Committees on 
     any difference between the bill reported by the Committee on 
     Appropriations and the bill subsequently reported by the 
     Select Committee on Intelligence;
       (E) each committee has been represented at that conference 
     by an equal number of conferees; and
       (F) the committee of conference, after full and free 
     conference, has recommended to the Senate a bill in lieu of 
     the bill reported by either Committee.
       (2) Sequential referral required.--Notwithstanding any 
     provision of the Standing Rules of the Senate to the 
     contrary, whenever the Committee on Appropriations reports a 
     bill making an intelligence appropriation, that bill shall be 
     referred to the Select Committee on Intelligence for a period 
     of not more than 30 days (disregarding any day on which the 
     Senate is not in session).
       (3) 30-day period.--If the Select Committee on Intelligence 
     does not report the bill within 30 days (disregarding any day 
     on which the Senate is not in session) after the bill is 
     referred to it under paragraph (2), then--
       (A) the Select Committee on Intelligence shall be 
     discharged from further consideration of the bill; and
       (B) no point of order under subsection (b) shall lie 
     against the Senate's proceeding to its consideration.
       (b) Enforcement.--On a point of order made by any Senator 
     the Senate may not proceed to the consideration of a bill 
     making an intelligence appropriation except as provided in 
     subsection (a).
       (c) Supermajority Required for Waiver.--A point of order 
     under subsection (b) may be waived only by a motion agreed to 
     by the affirmative vote of three-fifths of the Senators duly 
     chosen and sworn. If an appeal is taken from the ruling of 
     the Presiding Officer with respect to such a point of order, 
     the ruling of the Presiding Officer shall be sustained absent 
     an affirmative vote of three-fifths of the Senators duly 
     chosen and sworn.
       (d) Intelligence appropriation defined.--In this section, 
     the term ``intelligence appropriation'' means an 
     appropriation to provide funds for foreign or domestic 
     intelligence operations, equipment, salaries, expenses, or 
     other intelligence-related activities of the United States, 
     other than an amount appropriated to the Secretary of Defense 
     or to or for the use of an agency or office of the Department 
     of Defense.
                                 ______
                                 
  SA 3999. Mr. McCAIN (for himself, Mr. Lieberman, Mr. Lott, Ms. Snowe, 
and Mr. Roberts) submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; as follows:

       Strike section 402 and insert the following:

     SEC. 402. JURISDICTION OVER INTELLIGENCE APPROPRIATIONS.

       Notwithstanding subparagraph (b) of paragraph 1 of Rule XXV 
     of the Standing Rules of the Senate, the Select Committee on 
     Intelligence shall have jurisdiction over all proposed 
     legislation, messages, petitions, memorials, and other 
     matters relating to appropriation, rescission of 
     appropriations, and new spending authority related to funding 
     for intelligence matters.
                                 ______
                                 
  SA 4000. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; as follows:

       On page 2, beginning in line 13, strike ``to the 
     Transportation Security Administration,''.
                                 ______
                                 
  SA 4001. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr.

[[Page S10753]]

McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the 
resolution S. Res. 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on Intelligence; which was 
ordered to lie on the table; as follows:

       On page 2, line 13, strike ``Coast Guard,'' and insert 
     ``Coast Guard (other than functions of the Coast Guard 
     related to homeland security),''.
                                 ______
                                 
  SA 4002. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       In section 101(b)(1), strike ``Coast Guard, to the 
     Transportation Security Administration,'' and insert ``Coast 
     Guard (other than functions of the Coast Guard related to 
     homeland securty),''.
                                 ______
                                 
  SA 4003. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, 
Mr. Frist, and Mr. daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       In section 101(b)(1), insert after ``Customs Service'' the 
     following:
       ``, and energy infrastructure''.
                                 ______
                                 
  SA 4004. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, 
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       In section 101(b)(1), insert after ``Customs Service'' the 
     following:
       ``, and energy infrastructure''.
                                 ______
                                 
  SA 4005. Mr. LEAHY (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed to amendment SA 3981 proposed by Mr. 
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the 
resolution S. Res. 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on Intelligence; which was 
ordered to lie on the table; as follows:

       Section 101 is amended by striking subsection (d).
                                 ______
                                 
  SA 4006. Mr. LEAHY (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed to amendment SA 3981 proposed by Mr. 
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the 
resolution S. Res. 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on Intelligence; which was 
ordered to lie on the table; as follows:

       Section 101(b) is amended by striking paragraph (7).
                                 ______
                                 
  SA 4007. Mr. LEAHY (for himself, Mr. Hatch, Mr. Sessions, Mr. 
Specter, and Mr. Biden) submitted an amendment intended to be proposed 
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, 
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       In section 101(b)(1), after ``administration,'' strike 
     ``and'', and after ``Center,'' insert ``to the United States 
     Secret Service,''.
                                 ______
                                 
  SA 4008. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       At the end of title I, insert the following:

     SEC. 102. CLARIFICATION OF JURISDICTION.

       Nothing in this resolution shall diminish the jurisdiction 
     of the Committee on the Judiciary over matters relating to 
     privacy and civil liberties.
                                 ______
                                 
  SA 4009. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       In section 101(b)(1), after ``Service'' insert ``, the 
     Bureau of Customs and Border Protection, the Bureau of 
     Citizenship and Immigration Services, the Bureau of 
     Immigration and Customs Enforcement, and matters relating to 
     the immigration functions of the Directorate of Border and 
     Transportation Security''.
                                 ______
                                 
  SA 4010. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       In section 201, at the end of subsection (g), add the 
     following:
       ``(d) Of the funds made available to the select Committee 
     for personnel--
       ``(1) not more than 55 percent shall be under the control 
     of the Chairman; and
       ``(2) not less than 45 percent shall be under the control 
     of the Vice Chairman.''.
                                 ______
                                 
  SA 4011. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed to amendment SA 3981 proposed by Mr. 
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the 
resolution S. Res. 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on Intelligence; which was 
ordered to lie on the table; as follows:

       In section 101(b), strike paragraph (10) and insert the 
     following:
       (10) Matters relating to organization and management of 
     United States nuclear export policy shall be referred to the 
     Committee on Energy and Natural Resources.
                                 ______
                                 
  SA 4012. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed to amendment SA 3981 proposed by Mr. 
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the 
resolution S. Res. 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on Intelligence; which was 
ordered to lie on the table; as follows:

       Section 101(b) is amended by--
       (1) striking paragraph (10); and
       (2) adding at the end the following:
     ``Matters relating to organization and management of United 
     States nuclear export policy shall be referred to the 
     Committee on Energy and Natural Resources.''.
                                 ______
                                 
  SA 4013. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       On page 7, line 4, strike ``, and shall have full'' and all 
     that follows through line 6, and insert the following: ``. 
     Personal designated representatives shall have the same 
     access to select Committee staff, information, records, and 
     databases as select Committee staff, as determined by the 
     Chairman and Vice Chairman.''.
                                 ______
                                 
  SA 4014. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 3981 proposed by Mr. McConnell (for himself, 
Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to 
eliminate certain restrictions on service of a Senator on the Senate 
Select Committee on Intelligence; which was ordered to lie on the 
table; as follows:

       In section 402, strike the second sentence.
                                 ______
                                 
  SA 4015. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 3981 proposed by Mr. McConnell (for himself, 
Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to 
eliminate certain restrictions on service of a Senator on the Senate 
Select Committee on Intelligence; which was ordered to lie on the 
table; as follows:

       In section 402, strike the second sentence and insert the 
     following: ``The Committee on Appropriations shall reorganize 
     into 13 subcommittees not later than 2 weeks after the 
     convening of the 109th Congress.''.
                                 ______
                                 
  SA 4016. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 3981 proposed by Mr. McConnell (for himself, 
Mr. Reid, Mr.

[[Page S10754]]

Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       In section 402, strike the second sentence and insert ``The 
     Subcommittee on the Legislative Branch shall be combined with 
     the Subcommittee on Commerce, Justice, State, and the 
     Judiciary into 1 subcommittee.''.
                                 ______
                                 
  SA 4017. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 3981 proposed by Mr. McConnell (for himself, 
Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to 
eliminate certain restrictions on service of a Senator on the Senate 
Select Committee on Intelligence; which was ordered to lie on the 
table; as follows:

       In section 402, strike the second sentence and insert ``The 
     Subcommittee on the Legislative Branch shall be combined with 
     the Subcommittee on VA, HUD, and Independent Agencies into 1 
     subcommittee.''.
                                 ______
                                 
  SA 4018. Mr. ROBERTS submitted an amendment intended to be proposed 
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, 
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; as follows:

       In section 201, strike subsection (h) and insert the 
     following:
       (h) Nominees.--S. Res. 400 is amended by adding at the end 
     the following:
       ``Sec. 17. (a) The select Committee shall have final 
     responsibility 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.''.
                                 ______
                                 
  SA 4019. Mr. ROBERTS submitted an amendment intended to be proposed 
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, 
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; as follows:

       In section 201, strike subsection (g) insert the following:
       (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.''.
                                 ______
                                 
  SA 4020. Mr. ROBERTS submitted an amendment intended to be proposed 
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, 
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       In section 201, add at the end the following:
       (i) Elimination of Referral.--
       (1) Referral.--Section 3 of S. Res. 400 is amended by--
       (A) striking subsection (b); and
       (B) redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on the date of adoption of this resolution.
                                 ______
                                 
  SA 4021. Mr. BIDEN (for himself and Mr. Lugar) submitted an amendment 
intended to be proposed to amendment SA 3981 proposed by Mr. McConnell 
(for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution 
S. Res. 445, to eliminate certain restrictions on service of a Senator 
on the Senate Select Committee on Intelligence; as follows:

       On page 5, after line 3, insert the following:
       ``(C) The Chairman and Ranking Member of the Committee on 
     Foreign Relations (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.''.

  SA 4022. Mr. LOTT submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       At the appropriate place insert the following:

     SEC.   . JOINT REFERRAL.

       (a) When the Senate receives from the House a bill making 
     an intelligence appropriation the bill then be jointly 
     referred to the Committee on Appropriations and the Select 
     Committee on Intelligence;
       (b) If the Committee on Appropriations reports a bill 
     making an intelligence appropriation the bill then will be 
     jointly referred to the Committee on Appropriations and the 
     Select Committee on Intelligence;

     SEC.   . POINT OF ORDER.

       (a) In General.--It shall not be in order for the Senate to 
     proceed to the consideration of a bill making intelligence 
     appropriation unless it has been referred to the Committee on 
     Appropriations and the Select Committee on Intelligence;
       (b) Supermajority Required for Waiver.--A point of order 
     under subsection (a) of this section may be waived only by a 
     motion to proceed which is agreed to by the affirmative vote 
     of three-fifths of the Senators duly chosen and sworn.

     SEC.   . INTELLIGENCE APPROPRIATIONS.

       Defined.--The term ``intelligence appropriation'' means an 
     appropriation to provide funds for foreign or domestic 
     intelligence operations, equipment, salaries, expenses, or 
     other intelligence-related activities of the United States.
                                 ______
                                 
  SA 4023. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       At the end of title I, insert the following:

     SEC. 102. CLARIFICATION OF JURISDICTION.

       Nothing in this resolution shall be construed to grant the 
     Committee on Homeland Security and Governmental Affairs 
     primary jurisdiction over any federal governmental entity 
     whose primary responsibility is enforcement of Title 18, 
     including the Department of Justice, Federal bureau of 
     Investigation, or other criminal law enforcement entity 
     currently under the jurisdiction of the Committee on the 
     Judiciary unless otherwise modified by this resolution.
                                 ______
                                 
  SA 4024. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       At the end of title I, insert the following:

     SEC. 102. CLARIFICATION OF JURISDICTION.

       Nothing in this resolution shall diminish the primary 
     jurisdiction of the Committee on the Judiciary over matters 
     relating to the administration of justice, including the 
     criminal law and law enforcement entities including the 
     Department of Justice and the Federal Bureau of 
     Investigation.
                                 ______
                                 
  SA 4025. Mr. McCONNELL (for himself and Mr. Reid) submitted an 
amendment intended to be proposed to amendment SA 3981 proposed by Mr. 
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the 
resolution S. Res. 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on Intelligence; which was 
ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     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.

[[Page S10755]]

              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 the Coast Guard, the Transportation Security 
     Administration, the Federal Law Enforcement Training Center, 
     and the revenue functions of the Customs Service.
       (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 Senate Committees.--The jurisdiction of 
     the Committee on Homeland Security and Governmental Affairs 
     provided in subsection (b)(1) shall supersede the 
     jurisdiction of any other committee of the Senate provided in 
     the rules of the Senate.

                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) 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, and shall have full access to select 
     Committee staff, information, records, and databases.
       ``(c) The designated employee shall meet all the 
     requirements of relevant statutes, Senate rules, and 
     committee clearance requirements for employment by the select 
     Committee.''.
       (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 voting on civilian 
     persons nominated by the President to fill a position within 
     the intelligence community that requires the advice and 
     consent of the Senate.
       ``(b) Other committees with jurisdiction over the nominees' 
     executive branch department may hold hearings and interviews 
     with that person.''.

                      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 
     Subcommittee on Military Construction shall be combined with 
     the Subcommittee on Defense into 1 subcommittee.
       (b) Jurisdiction.--The Subcommittee on Intelligence of the 
     Committee on Appropriations shall have jurisdiction over 
     funding for intelligence matters.

                        TITLE V--EFFECTIVE DATE

     SEC. 501. EFFECTIVE DATE.

       This resolution shall take effect on the convening of the 
     109th Congress.
                                 ______
                                 
  SA 4026. Mr. NICKLES (for himself and Mr. Conrad) submitted an 
amendment intended to be proposed to amendment SA 3981 proposed by Mr. 
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the 
resolution S. Res. 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on Intelligence; which was 
ordered to lie on the table; as follows:

       At the end of Section 101, insert the following:
       ``(e) Jurisdiction of Budget Committee.--Notwithstanding 
     paragraph (b)(3) of this section, the Committee on the Budget 
     shall have exclusive jurisdiction over measures affecting the 
     congressional budget process, including:
       (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 of 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

[[Page S10756]]

     the calculation of such amounts, including the definition of 
     terms provided by the Budget Act.
       ``(f) OMB Nominees.--The Committee on the Budget and the 
     Governmental Affairs Committee shall have joint jurisdiction 
     over reviewing, holding hearings, and voting on persons 
     nominated by the President to fill positions within the 
     Office of Management and Budget that require the advice and 
     consent of the Senate, and if one committee acts on such a 
     nomination, the other must act within 30 calendar days of 
     continuous possession, or be automatically discharged.
                                 ______
                                 
  SA 4027. Mr. NICKLES (for himself and Mr. Conrad) submitted an 
amendment intended to be proposed to amendment SA 3981 proposed by Mr. 
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the 
resolution S. Res. 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on Intelligence, which was 
ordered to lie on the table; as follows:

       At the end of Section 101, insert the following:
       ``(e) Jurisdiction of Budget Committee.--Notwithstanding 
     paragraph (b)(3) of this section, the Committee on the Budget 
     shall have exclusive jurisdiction over measures affecting the 
     congressional budget process, including:
       (1) the functions, duties, and power of the Budget 
     Committee;
       (2) the function, 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.''
                                 ______
                                 
  SA 4028. Mr. NICKLES (for himself and Mr. Conrad) submitted an 
amendment intended to be proposed to amendment SA 3981 proposed by Mr. 
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the 
resolution S. Res. 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on Intelligence; which was 
ordered to lie on the table; as follows:

       In Section 101(b), strike paragraph (3), and insert in its 
     place the following:
       ``(3) Management and accounting measures; and the Committee 
     on the Budget and the Governmental Affairs Committee shall 
     have joint jurisdiction over reviewing, holding hearings, and 
     voting on persons nominated by the President to fill 
     positions within the Office of Management and Budget that 
     require the advice and consent of the Senate, and if one 
     committee acts on such a nomination, the other must act 
     within 30 calendar days of continuous possession, or be 
     automatically discharged.''
                                 ______
                                 
  SA 4029. Mr. NICKLES (for himself and Mr. Conrad) submitted an 
amendment intended to be proposed to amendment SA 3981 proposed by Mr. 
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the 
resolution S. Res. 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on Intelligence; which was 
ordered to lie on the table; as follows:

       In Section 101(b), strike paragraph (3), and insert in its 
     place the following:
       ``(3) Management and accounting measures.''
                                 ______
                                 
  SA 4030. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed to amendment SA 3981 proposed by Mr. McConnell (for himself, 
Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to 
eliminate certain restrictions on service of a Senator on the Senate 
Select Committee on Intelligence; as follows:

       At the end of section 201, insert the following:
       (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 legislative involving matters specified 
     in paragraph (1) or (4)(A) of subsection (a), containing any 
     legislative actions or budgetary provisions directly 
     affecting any agencies, departments, activities, or programs 
     of the United States Government 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 legislative involving matters specified in clause (i) or 
     paragraph (4)(A) of subsection (a), containing any 
     legislative actions or budgetary provisions directly 
     affecting any agencies, departments, activities, or programs 
     of the United States Government 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.
       ``(3) In computing any 10-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.''.
                                 ______
                                 
  SA 4031. Mr. ROCKEFELLER (for himself and Mr. Biden) submitted an 
amendment intended to be proposed to amendment SA 3981 proposed by Mr. 
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the 
resolution S. Res. 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on Intelligence; which was 
ordered to lie on the table; as follows:

       On page 6, line 11, of the amendment, strike ``quarterly'' 
     and insert ``annual''.
                                 ______
                                 
  SA 4032. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       In section 201, strike subsection (a) and insert the 
     following:
       (a) Ex Officio Membership.--Section 2(a)(3) of Senate 
     Resolution 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 and the Committee on Foreign Relations (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 
     select Committee and shall not be counted for purposes of 
     determining a quorum.''.
                                 ______
                                 
  SA 4033. Mr. GREGG submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       Strike section 101(b)(1) of the resolution and insert the 
     following:
       (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, 
     the revenue functions of the Customs Service,
       (B) the Strategic National Stockpile as authorized by 
     section 319F-2 of the Public Health Service Act,
       (C) the National Disaster Medical System as authorized by 
     section 2811(b) of the Public Health Service Act, and

[[Page S10757]]

       (D) the office of the Assistant Secretary for Public Health 
     Emergency Preparedness (ASPHEP) as authorized by section 
     2811(a) of the Public Health Service Act.
                                 ______
                                 
  SA 4034. Ms. COLLINS submitted an amendment intended to be proposed 
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, 
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       In section 101(b), strike paragraph (1) and insert the 
     following:
       (1) Department of Homeland Security, except matters 
     relating to the functions of the Coast Guard not related to 
     homeland security, the Federal Law Enforcement Training 
     Center, and the revenue functions of the Customs Service.
                                 ______
                                 
  SA 4035. Mr. FRIST submitted an amendment intended to be proposed to 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       At the end of section 201, insert the following:
       (i) Security Procedures.--Section 7 of S. Res. 400 is 
     amended to read as follows:
       ``Sec. 7. (a) At the beginning of each Congress, the select 
     Committee also shall formulate and carry out such rules and 
     procedures as it deems necessary to prevent the disclosure, 
     without the consent of the person or persons concerned, of 
     information in the possession of such committee which unduly 
     infringes upon the privacy or which violates the 
     constitutional rights of such person or persons. The rules 
     and procedures of the select Committee shall be formulated 
     jointly with the Office of Senate Security and shall be 
     subject to the approval of that office.
       ``(b) The select Committee shall inform the Office of 
     Senate Security not later than 30 days prior to making any 
     changes to the rules and procedures of the select Committee, 
     which shall be contingent upon the approval of the Office of 
     Senate Security.
       ``(c) Nothing in this section shall be construed to prevent 
     such committee from publicly disclosing any such information 
     in any case in which such committee determines the national 
     interest in the disclosure of such information clearly 
     outweighs any infringement on the privacy of any person or 
     persons.''.
       (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 Majority Leader 
     of the Senate of such vote; and
       ``(B) second, notify 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 of the Senate or select committee of his 
     objections to the disclosure of such information as provided 
     in paragraph (2), such the majority leader of th committee 
     may, refer to the question of the disclosure of such 
     information to the Senate for consideration. The committee 
     shall not publicly disclose such information without leave of 
     the Senate.'';
       (2) by redesignating subsections (d) and (e) as subsections 
     (e) and (f) and inserting after subsection (c) the following:
       ``(d) Any known or possible loss or compromise of 
     classified material which comes to the attention of the 
     Select Committee or its personnel shall be immediately 
     reported to the Office of Senate Security. The Office of 
     Senate Security shall investigate the reported incident in 
     accordance with the procedures set forth in the Senate 
     Security Manual, and shall report the results of said 
     investigation to the Committee and to the Joint 
     Leadership.'';
       (3) in subsection (e), as redesignated by paragraph (2) 
     (old (d)), by striking ``Senate Select Committee on Ethics'' 
     and inserting ``Office of Senate Security''; and
       (4) in subsection (f), as redesignated by paragraph (2) 
     (old (e)), is amended to read as follows:
       ``(f) Upon the request of any person who is subject to any 
     such investigation, the Office of Senate Security shall 
     release to such individual at the conclusion of its 
     investigation a summary of its investigation together with 
     its findings. If, at the conclusion of its investigation, the 
     Office of Senate Security determines that there has been a 
     breach of confidentiality or unauthorized disclosure by a 
     Member, officer, or employee of the Senate, it shall report 
     its findings to the majority leader and minority leader of 
     the Senate.''.
                                 ______
                                 
  SA 4036. Mr. DURBIN proposed an amendment to amendment SA 3981 
proposed by Mr. McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. 
Daschle) to the resolution S. Res. 445, to eliminate certain 
restrictions on service of a Senator on the Senate Select Committee on 
Intelligence; as follows:

       In section 201, at the end of subsection (g), add the 
     following:
       ``(d) Of the funds made available to the select Committee 
     for personnel--
       ``(1) not more than 55 percent shall be under the control 
     of the Chairman; and
       ``(2) not less than 45 percent shall be under the control 
     of the Vice Chairman.''.
                                 ______
                                 
  SA 4037. Mr. HATCH (for Mr. Leahy (for himself, Mr. Specter, and Mr. 
Hatch)) proposed an amendment to amendment SA 3981 proposed by Mr. 
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the 
resolution S. Res. 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on Intelligence; as follows:

       In section 101(b)(1), after ``Service'' insert ``, and the 
     Secret Service''.
                                 ______
                                 
  SA 4038. Mr. McCONNELL (for Mr. Shelby (for himself and Mr. 
Sarbanes)) proposed an amendment to the resolution S. Res. 445, to 
eliminate certain restrictions on service of a Senator on the Senate 
Select Committee on Intelligence; as follows:

       At the appropriate place, insert the following:
       ``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.''.
                                 ______
                                 
  SA 4039. Mr. SHELBY (for himself and Mr. Sarbanes) submitted an 
amendment intended to be proposed by him to the resolution S. Res. 445, 
to eliminate certain restrictions on service of a Senator on the Senate 
Select Committee on Intelligence; which was ordered to lie on the 
table; as follows:

       At the appropriate place insert the following: ``Provided, 
     That the jurisdiction provided under section 101(b)(1) shall 
     not include the Currency and Financial Transaction Reporting 
     Act.
                                 ______
                                 
  SA 4040. Mr. BINGAMAN (for Mr. Domenici (for himself and Mr. 
Bingaman)) proposed an amendment to amendment SA 3981 proposed by Mr. 
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the 
resolution S. Res. 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on Intelligence; as follows:

       Section 101(b) is amended by--
       (1) striking paragraph (10); and
       (2) adding at the end the following:
     ``Matters relating to organization and management of United 
     States nuclear export policy (except programs in the Homeland 
     Security) shall be referred to the Committee on Energy and 
     Natural Resources.''.
                                 ______
                                 
  SA 4041. Mr. NICKLES (for himself and Mr. Conrad) submitted an 
amendment intended to be proposed to amendment SA 4027 submitted by Mr. 
Nickles (for himself and Mr. Conrad) and intended to be proposed to the 
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr. 
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate 
certain restrictions on service of a Senator on the Senate Select 
Committee on Intelligence; which was ordered to lie on the table; as 
follows:

       Strike all after the first word, and insert the following:
       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;

[[Page S10758]]

       (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 our excluded from the 
     congressional budget or the calculation of such amounts, 
     including the definition of terms provided by the Budget Act.
       (f) OMB Nominees.--the Committee on the Budget and the 
     Governmental Affairs Committee 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.
                                 ______
                                 
  SA 4042. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 4015 submitted by Mrs. Hutchison and intended 
to be proposed to the amendment SA 3981 proposed by Mr. McConnell (for 
himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution S. 
Res. 445, to eliminate certain restrictions on service of a Senator on 
the Senate Select Committee on Intelligence; which was ordered to lie 
on the table; as follows:

       Strike ``not later than 2 weeks'' and insert ``as soon as 
     possible''.

                          ____________________