[Congressional Record Volume 151, Number 33 (Thursday, March 17, 2005)]
[Senate]
[Pages S2974-S2981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    CHANGES TO RULES OF PROCEDURE--SELECT COMMITTEE ON INTELLIGENCE

  Mr. ROBERTS. Mr. President, pursuant to rule XXVI, paragraph 2 of the 
Standing Rules of the Senate, I am submitting for publication in the 
Congressional Record changes to the Rules of Procedure for the Select 
Committee on Intelligence. I ask unanimous consent that the rules of 
the committee be printed, in the Record to reflect the amendments 
adopted by the committee.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

  Rules of Procedure for the Select Committee on Intelligence, United 
                             States Senate

Adopted June 23, 1976, Amended June 26, 1987, Amended October 24, 1990, 
 Amended February 25, 1993, Amended February 22, 1995, Amended January 
                    26, 2005, Amended March 15, 2005


                     RULE 1. CONVENING OF MEETINGS

       1.1 The regular meeting day of the Select Committee on 
     Intelligence for the transaction of Committee business shall 
     be every other Wednesday of each month, unless otherwise 
     directed by the Chairman.
       1.2 The Chairman shall have authority, upon notice, to call 
     such additional meetings of the Committee as he may deem 
     necessary and may delegate such authority to any other member 
     of the Committee.
       1.3 A special meeting of the Committee may be called at any 
     time upon the written request of five or more members of the 
     Committee filed with the Clerk of the Committee.
       1.4 In the case of any meeting of the Committee, other than 
     a regularly scheduled meeting, the Clerk of the Committee 
     shall notify every member of the Committee of the time and 
     place of the meeting and shall give reasonable notice which, 
     except in extraordinary circumstances, shall be at least 24 
     hours in advance of any meeting held in Washington, D.C. and 
     at least 48 hours in the case of any meeting held outside 
     Washington, D.C.
       1.5 If five members of the Committee have made a request in 
     writing to the Chairman to call a meeting of the Committee, 
     and the Chairman fails to call such a meeting within seven 
     calendar days thereafter, including the day on which the 
     written notice is submitted, these members may call a meeting 
     by filing a written notice with the Clerk of the Committee 
     who shall promptly notify each member of the Committee in 
     writing of the date and time of the meeting.


                       RULE 2. MEETING PROCEDURES

       2.1 Meetings of the Committee shall be open to the public 
     except as provided in S. Res. 9, 94th Congress, 1st Session.
       2.2 It shall be the duty of the Staff Director to keep or 
     cause to be kept a record of all Committee proceedings.
       2.3 The Chairman of the Committee, or if the Chairman is 
     not present the Vice Chairman, shall preside over all 
     meetings of the Committee. In the absence of the Chairman and 
     the Vice Chairman at any meeting, the ranking majority 
     member, or if no majority member is present the ranking 
     minority member present, shall preside.
       2.4 Except as otherwise provided in these Rules, decisions 
     of the Committee shall be by majority vote of the members 
     present and voting. A quorum for the transaction of Committee 
     business, including the conduct of executive sessions, shall 
     consist of no less than one-third of the Committee members, 
     except that for the purpose of hearing witnesses, taking 
     sworn testimony, and receiving evidence under oath, a quorum 
     may consist of one Senator.
       2.5 A vote by any member of the Committee with respect to 
     any measure or matter being considered by the Committee may 
     be cast by proxy if the proxy authorization: (1) is in 
     writing; (2) designates the member of the Committee who is to 
     exercise the proxy; and (3) is limited to a specific measure 
     or matter and any amendments pertaining thereto. Proxies 
     shall not be considered for the establishment of a quorum.
       2.6 Whenever the Committee by roll call vote reports any 
     measure or matter, the report of the Committee upon such 
     measure or matter shall include a tabulation of the votes 
     cast in favor of and the votes cast in opposition to such 
     measure or matter by each member of the Committee.


                         RULE 3. SUBCOMMITTEES

       Creation of subcommittees shall be by majority vote of the 
     Committee. Subcommittees shall deal with such legislation and 
     oversight of programs and policies as the Committee may 
     direct. The subcommittees shall be governed by the Rules of 
     the Committee and by such other rules they may adopt which 
     are consistent with the Rules of the Committee. Each 
     subcommittee created shall have a chairman and a vice 
     chairman who are selected by the Chairman and Vice Chairman, 
     respectively.


            RULE 4. REPORTING OF MEASURES OR RECOMMENDATIONS

       4.1 No measures or recommendations shall be reported, 
     favorably or unfavorably, from the Committee unless a 
     majority of the Committee is actually present and a majority 
     concur.

[[Page S2975]]

       4.2 In any case in which the Committee is unable to reach a 
     unanimous decision, separate views or reports may be 
     presented by any member or members of the Committee.
       4.3 A member of the Committee who gives notice of his 
     intention to file supplemental, minority, or additional views 
     at the time of final Committee approval of a measure or 
     matter, shall be entitled to not less than three working days 
     in which to file such views, in writing with the Clerk of the 
     Committee. Such views shall then be included in the Committee 
     report and printed in the same volume, as a part thereof, and 
     their inclusion shall be noted on the cover of the report.
       4.4 Routine, non-legislative actions required of the 
     Committee may be taken in accordance with procedures that 
     have been approved by the Committee pursuant to these 
     Committee Rules.


                          RULE 5. NOMINATIONS

       5.1 Unless otherwise ordered by the Committee, nominations 
     referred to the Committee shall be held for at least 14 days 
     before being voted on by the Committee.
       5.2 Each member of the Committee shall be promptly 
     furnished a copy of all nominations referred to the 
     Committee.
       5.3 Nominees who are invited to appear before the Committee 
     shall be heard in public session, except as provided in Rule 
     2.1.
       5.4 No confirmation hearing shall be held sooner than seven 
     days after receipt of the background and financial disclosure 
     statement unless the time limit is waived by a majority vote 
     of the Committee.
       5.5 The Committee vote on the confirmation shall not be 
     sooner than 48 hours after the Committee has received 
     transcripts of the confirmation hearing unless the time limit 
     is waived by unanimous consent of the Committee.
       5.6 No nomination shall be reported to the Senate unless 
     the nominee has filed a background and financial disclosure 
     statement with the Committee.


                         RULE 6. INVESTIGATIONS

       No investigation shall be initiated by the Committee unless 
     at least five members of the Committee have specifically 
     requested the Chairman or the Vice Chairman to authorize such 
     an investigation. Authorized investigations may be conducted 
     by members of the Committee and/or designated Committee staff 
     members.


                           RULE 7. SUBPOENAS

       Subpoenas authorized by the Committee for the attendance of 
     witnesses or the production of memoranda, documents, records 
     or any other material may be issued by the Chairman, the Vice 
     Chairman, or any member of the Committee designated by the 
     Chairman, and may be served by any person designated by the 
     Chairman, Vice Chairman or member issuing the subpoenas. Each 
     subpoena shall have attached thereto a copy of S. Res. 400, 
     94th Congress, 2nd Session and a copy of these Rules.


         RULE 8. PROCEDURES RELATED TO THE TAKING OF TESTIMONY

       8.1 Notice.--Witnesses required to appear before the 
     Committee shall be given reasonable notice, and all witnesses 
     shall be furnished a copy of these Rules.
       8.2 Oath or Affirmation.--Testimony of witnesses shall be 
     given under oath or affirmation which may be administered by 
     any member of the Committee.
       8.3 Interrogation.--Committee interrogation shall be 
     conducted by members of the Committee and such Committee 
     staff as are authorized by the Chairman, the Vice Chairman, 
     or the presiding member.
       8.4 Counsel for the Witness.--(a) Any witness may be 
     accompanied by counsel. A witness who is unable to obtain 
     counsel may inform the Committee of such fact. If the witness 
     informs the Committee of this fact at least 24 hours prior to 
     his or her appearance before the Committee, the Committee 
     shall then endeavor to obtain voluntary counsel for the 
     witness. Failure to obtain such counsel will not excuse the 
     witness from appearing and testifying.
       (b) Counsel shall conduct themselves in an ethical and 
     professional manner. Failure to do so shall, upon a finding 
     to that effect by a majority of the members present, subject 
     such counsel to disciplinary action which may include 
     warning, censure, removal, or a recommendation of contempt 
     proceedings.
       (c) There shall be no direct or cross-examination by 
     counsel. However, counsel may submit in writing any question 
     he wishes propounded to his client or to any other witness 
     and may, at the conclusion of his client's testimony, suggest 
     the presentation of other evidence or the calling of other 
     witnesses. The Committee may use such questions and dispose 
     of such suggestions as it deems appropriate.
       8.5 Statements by Witnesses.--A witness may make a 
     statement, which shall be brief and relevant, at the 
     beginning and conclusion of his or her testimony. Such 
     statements shall not exceed a reasonable period of time as 
     determined by the Chairman, or other presiding members. Any 
     witness desiring to make a prepared or written statement for 
     the record of the proceedings shall file a copy with the 
     Clerk of the Committee, and insofar as practicable and 
     consistent with the notice given, shall do so at least 72 
     hours in advance of his or her appearance before the 
     Committee.
       8.6 Objections and Rulings.--Any objection raised by a 
     witness or counsel shall be ruled upon by the Chairman or 
     other presiding member, and such ruling shall be the ruling 
     of the Committee unless a majority of the Committee present 
     overrules the ruling of the Chair.
       8.7 Inspection and Correction.--All witnesses testifying 
     before the Committee shall be given a reasonable opportunity 
     to inspect, in the office of the Committee, the transcript of 
     their testimony to determine whether such testimony was 
     correctly transcribed. The witness may be accompanied by 
     counsel. Any corrections the witness desires to make in the 
     transcript shall be submitted in writing to the Committee 
     within five days from the date when the transcript was made 
     available to the witness. Corrections shall be limited to 
     grammar and minor editing, and may not be made to change the 
     substance of the testimony. Any questions arising with 
     respect to such corrections shall be decided by the Chairman. 
     Upon request, those parts of testimony given by a witness in 
     executive session which are subsequently quoted or made part 
     of a public record shall be made available to that witness at 
     his or her expense.
       8.8 Requests to Testify.--The Committee will consider 
     requests to testify on any matter or measure pending before 
     the Committee. A person who believes that testimony or other 
     evidence presented at a public hearing, or any comment made 
     by a Committee member or a member of the Committee staff, may 
     tend to affect adversely his or her reputation, may request 
     to appear personally before the Committee to testify on his 
     or her own behalf, or may file a sworn statement of facts 
     relevant to the testimony, evidence, or comment, or may 
     submit to the Chairman proposed questions in writing for the 
     cross-examination of other witnesses. The Committee shall 
     take such action as it deems appropriate.
       8.9 Contempt Procedures.--No recommendation that a person 
     be cited for contempt of Congress shall be forwarded to the 
     Senate unless and until the Committee has, upon notice to all 
     its members, met and considered the alleged contempt, 
     afforded the person an opportunity to state in writing or in 
     person why he or she should not be held in contempt, and 
     agreed, by majority vote of the Committee, to forward such 
     recommendation to the Senate.
       8.10 Release of Name of Witness.--Unless authorized by the 
     Chairman, the name of any witness scheduled to be heard by 
     the Committee shall not be released prior to, or after, his 
     or her appearance before the Committee. Upon authorization by 
     the Chairman to release the name of a witness under this 
     paragraph, the Vice Chairman shall be notified of such 
     authorization as soon as practicable thereafter. No name of 
     any witness shall be released if such release would disclose 
     classified information, unless authorized under Section 8 of 
     S. Res. 400 of the 94th Congress or Rule 9.6.


    RULE 9. PROCEDURES FOR HANDLING CLASSIFIED OR SENSITIVE MATERIAL

       9.1 Committee staff offices shall operate under strict 
     precautions. At least one security guard shall be on duty at 
     all times by the entrance to control entry. Before entering 
     the office all persons shall identify themselves.
       9.2 Sensitive or classified documents and material shall be 
     segregated in a secure storage area. They may be examined 
     only at secure reading facilities. Copying, duplicating, or 
     removal from the Committee offices of such documents and 
     other materials is prohibited except as is necessary for use 
     in, or preparation for, interviews or Committee meetings, 
     including the taking of testimony, and in conformity with 
     Section 10.3 hereof. All documents or materials removed from 
     the Committee offices for such authorized purposes must be 
     returned to the Committee's secure storage area for overnight 
     storage.
       9.3 Each member of the Committee shall at all times have 
     access to all papers and other material received from any 
     source. The Staff Director shall be responsible for the 
     maintenance, under appropriate security procedures, of a 
     registry which will number and identify all classified papers 
     and other classified materials in the possession of the 
     Committee, and such registry shall be available to any member 
     of the Committee.
       9.4 Whenever the Select Committee on Intelligence makes 
     classified material available to any other Committee of the 
     Senate or to any Member of the Senate not a member of the 
     Committee, such material shall be accompanied by a verbal 
     or written notice to the recipients advising of their 
     responsibility to protect such material pursuant to 
     Section 8 of S. Res. 400 of the 94th Congress. The Clerk 
     of the Committee shall ensure that such notice is provided 
     and shall maintain a written record identifying the 
     particular information transmitted and the Committee or 
     members of the Senate receiving such information.
       9.5 Access to classified information supplied to the 
     Committee shall be limited to those Committee staff members 
     with appropriate security clearance and a need-to-know, as 
     determined by the Committee, and, under the Committee's 
     direction, the Staff Director and Minority Staff Director.
       9.6 No member of the Committee or of the Committee staff 
     shall disclose, in whole or in part or by way of summary, to 
     any person not a member of the Committee or the Committee 
     staff for any purpose or in connection with any proceeding, 
     judicial or otherwise, any testimony given before the 
     Committee in executive session including the name of any 
     witness who appeared or was called to

[[Page S2976]]

     appear before the Committee in executive session, or the 
     contents of any papers or materials or other information 
     received by the Committee except as authorized herein, or 
     otherwise as authorized by the Committee in accordance with 
     Section 8 of S. Res. 400 of the 94th Congress and the 
     provisions of these rules, or in the event of the termination 
     of the Committee, in such a manner as may be determined by 
     the Senate. For purposes of this paragraph, members and staff 
     of the Committee may disclose classified information in the 
     possession of the Committee only to persons with appropriate 
     security clearances who have a need-to-know such information 
     for an official governmental purpose related to the work of 
     the Committee. Information discussed in executive sessions of 
     the Committee and information contained in papers and 
     materials which are not classified but which are controlled 
     by the Committee may be disclosed only to persons outside the 
     Committee who have a need-to-know such information for an 
     official governmental purpose related to the work of the 
     Committee and only if such disclosure has been authorized by 
     the Chairman and Vice Chairman of the Committee, or by the 
     Staff Director and Minority Staff Director, acting on their 
     behalf.
       9.7 Failure to abide by Rule 9.6 shall constitute grounds 
     for referral to the Select Committee on Ethics pursuant to 
     Section 8 of S. Res. 400. Prior to a referral to the Select 
     Committee on Ethics pursuant to Section 8 of S. Res. 400, the 
     Chairman and Vice Chairman shall notify the Majority Leader 
     and Minority Leader.
       9.8 Before the Committee makes any decision regarding the 
     disposition of any testimony, papers, or other materials 
     presented to it, the Committee members shall have a 
     reasonable opportunity to examine all pertinent testimony, 
     papers, and other materials that have been obtained by the 
     members of the Committee or the Committee staff.
       9.9 Attendance of persons outside the Committee at closed 
     meetings of the Committee shall be kept at a minimum and 
     shall be limited to persons with appropriate security 
     clearance and a need-to-know the information under 
     consideration for the execution of their official duties. 
     Notes taken at such meetings by any person in attendance 
     shall be returned to the secure storage area in the 
     Committee's offices at the conclusion of such meetings, and 
     may be made available to the department, agency, office, 
     Committee or entity concerned only in accordance with the 
     security procedures of the Committee.


                             rule 10. staff

       10.1 For purposes of these rules, Committee staff includes 
     employees of the Committee, consultants to the Committee, or 
     any other person engaged by contract or otherwise to perform 
     services for or at the request of the Committee. To the 
     maximum extent practicable, the Committee shall rely on its 
     full-time employees to perform all staff functions. No 
     individual may be retained as staff of the Committee or to 
     perform services for the Committee unless that individual 
     holds appropriate security clearances.
       10.2 The appointment of Committee staff shall be confirmed 
     by a majority vote of the Committee. After confirmation, the 
     Chairman shall certify Committee staff appointments to the 
     Financial Clerk of the Senate in writing. No Committee staff 
     shall be given access to any classified information or 
     regular access to the Committee offices, until such Committee 
     staff has received an appropriate security clearance as 
     described in Section 6 of S. Res. 400 of the 94th Congress.
       10.3 The Committee staff works for the Committee as a 
     whole, under the supervision of the Chairman and Vice 
     Chairman of the Committee. The duties of Committee staff 
     shall be performed, and Committee staff personnel affairs and 
     day-to-day operations, including security and control of 
     classified documents and materials, shall be administered 
     under the direct supervision and control of the Staff 
     Director. All Committee staff shall work exclusively on 
     intelligence oversight issues for the Committee. The Minority 
     Staff Director and the Minority Counsel shall be kept fully 
     informed regarding all matters and shall have access to 
     all material in the files of the Committee.
       10.4 The Committee staff shall assist the minority as fully 
     as the majority in the expression of minority views, 
     including assistance in the preparation and filing of 
     additional, separate and minority views, to the end that all 
     points of view may be fully considered by the Committee and 
     the Senate.
       10.5 The members of the Committee staff shall not discuss 
     either the substance or procedure of the work of the 
     Committee with any person not a member of the Committee or 
     the Committee staff for any purpose or in connection with any 
     proceeding, judicial or otherwise, either during their tenure 
     as a member of the Committee staff or at any time thereafter 
     except as directed by the Committee in accordance with 
     Section 8 of S. Res. 400 of the 94th Congress and the 
     provisions of these rules, or in the event of the termination 
     of the Committee, in such a manner as may be determined by 
     the Senate.
       10.6 No member of the Committee staff shall be employed by 
     the Committee unless and until such a member of the Committee 
     staff agrees in writing, as a condition of employment to 
     abide by the conditions of the non-disclosure agreement 
     promulgated by the Senate Select Committee on Intelligence, 
     pursuant to Section 6 of S. Res 400 of the 94th Congress, 2d 
     Session, and to abide by the Committee's code of conduct.
       10.7 No member of the Committee staff shall be employed by 
     the Committee unless and until such a member of the Committee 
     staff agrees in writing, as a condition of employment, to 
     notify the Committee, or in the event of the Committee's 
     termination the Senate, of any request for his or her 
     testimony, either during his or her tenure as a member of the 
     Committee staff or at any time thereafter with respect to 
     information which came into his or her possession by virtue 
     of his or her position as a member of the Committee staff. 
     Such information shall not be disclosed in response to such 
     requests except as directed by the Committee in accordance 
     with Section 8 of S. Res. 400 of the 94th Congress and the 
     provisions of these rules, or in the event of the termination 
     of the Committee, in such manner as may be determined by the 
     Senate.
       10.8 The Committee shall immediately consider action to be 
     taken in the case of any member of the Committee staff who 
     fails to conform to any of these Rules. Such disciplinary 
     action may include, but shall not be limited to, immediate 
     dismissal from the Committee staff.
       10.9 Within the Committee staff shall be an element with 
     the capability to perform audits of programs and activities 
     undertaken by departments and agencies with intelligence 
     functions. Such element shall be comprised of persons 
     qualified by training and/or experience to carry out such 
     functions in accordance with accepted auditing standards.
       10.10 The workplace of the Committee shall be free from 
     illegal use, possession, sale or distribution of controlled 
     substances by its employees. Any violation of such policy by 
     any member of the Committee staff shall be grounds for 
     termination of employment. Further, any illegal use of 
     controlled substances by a member of the Committee staff, 
     within the workplace or otherwise, shall result in 
     reconsideration of the security clearance of any such staff 
     member and may constitute grounds for termination of 
     employment with the Committee.
       10.11 In accordance with Title III of the Civil Rights Act 
     of 1991 (P.L. 102-166), all personnel actions affecting the 
     staff of the Committee shall be made free from any 
     discrimination based on race, color, religion, sex, national 
     origin, age, handicap or disability.


              rule 11. preparation for committee meetings

       11.1 Under direction of the Chairman and the Vice Chairman, 
     designated Committee staff members shall brief members of the 
     Committee at a time sufficiently prior to any Committee 
     meeting to assist the Committee members in preparation for 
     such meeting and to determine any matter which the Committee 
     member might wish considered during the meeting. Such 
     briefing shall, at the request of a member, include a list of 
     all pertinent papers and other materials that have been 
     obtained by the Committee that bear on matters to be 
     considered at the meeting.
       11.2 The Staff Director shall recommend to the Chairman and 
     the Vice Chairman the testimony, papers, and other materials 
     to be presented to the Committee at any meeting. The 
     determination whether such testimony, papers, and other 
     materials shall be presented in open or executive session 
     shall be made pursuant to the Rules of the Senate and Rules 
     of the Committee.
       11.3 The Staff Director shall ensure that covert action 
     programs of the U.S. Government receive appropriate 
     consideration by the Committee no less frequently than once a 
     quarter.


                     rule 12. legislative calendar

       12.1 The Clerk of the Committee shall maintain a printed 
     calendar for the information of each Committee member showing 
     the measures introduced and referred to the Committee and 
     the status of such measures; nominations referred to the 
     Committee and their status; and such other matters as the 
     Committee determines shall be included. The Calendar shall 
     be revised from time to time to show pertinent changes. A 
     copy of each such revision shall be furnished to each 
     member of the Committee.
       12.2 Unless otherwise ordered, measures referred to the 
     Committee shall be referred by the Clerk of the Committee to 
     the appropriate department or agency of the Government for 
     reports thereon.


                       rule 13. committee travel

       13.1 No member of the Committee or Committee staff shall 
     travel abroad on Committee business unless specifically 
     authorized by the Chairman and Vice Chairman. Requests for 
     authorization of such travel shall state the purpose and 
     extent of the trip. A full report shall be filed with the 
     Committee when travel is completed.
       13.2 When the Chairman and the Vice Chairman approve the 
     foreign travel of a member of the Committee staff not 
     accompanying a member of the Committee, all members of the 
     Committee are to be advised, prior to the commencement of 
     such travel, of its extent, nature and purpose. The report 
     referred to in Rule 13.1 shall be furnished to all members of 
     the Committee and shall not be otherwise disseminated without 
     the express authorization of the Committee pursuant to the 
     Rules of the Committee.
       13.3 No member of the Committee staff shall travel within 
     this country on Committee business unless specifically 
     authorized by the Staff Director as directed by the 
     Committee.


                       rule 14. changes in rules

       These Rules may be modified, amended, or repealed by the 
     Committee, provided that a

[[Page S2977]]

     notice in writing of the proposed change has been given to 
     each member at least 48 hours prior to the meeting at which 
     action thereon is to be taken.

                               Appendix A

                              S. RES. 400

            May 19, 1976--Considered, amended, and agreed to

                               RESOLUTION

       To establish a Standing Committee of the Senate on 
     Intelligence, and for other purposes.
       Resolved, That it is the purpose of this resolution to 
     establish a new select committee of the Senate, to be known 
     as the Select Committee on Intelligence, to oversee and make 
     continuing studies of the intelligence activities and 
     programs of the United States Government, and to submit to 
     the Senate appropriate proposals for legislation and report 
     to the Senate concerning such intelligence activities and 
     programs. In carrying out this purpose, the Select 
     Committee on Intelligence shall make every effort to 
     assure that the appropriate departments and agencies of 
     the United States provide informed and timely intelligence 
     necessary for the Executive and Legislative branches to 
     make sound decisions affecting the security and vital 
     interests of the Nation. It is further the purpose of this 
     resolution to provide vigilant legislative oversight over 
     the intelligence activities of the United States to assure 
     that such activities are in conformity with the 
     Constitution and laws of the United States.
       Sec. 2. (a)(1) There is hereby established a select 
     committee to be known as the Select Committee on Intelligence 
     (hereinafter in this resolution referred to as the ``select 
     committee''). The select committee shall be composed of not 
     to exceed fifteen members appointed as follows:
       (A) two members from the Committee on Appropriations;
       (B) two members from the Committee on Armed Services;
       (C) two members from the Committee on Foreign Relations;
       (D) two members from the Committee on the Judiciary; and
       (E) not to exceed seven members to be appointed from the 
     Senate at large.
       (2) Members appointed from each committee named in clauses 
     (A) through (D) of paragraph (1) shall be evenly divided 
     between the two major political parties and shall be 
     appointed by the President pro tempore of the Senate upon the 
     recommendations of the majority and minority leaders of the 
     Senate. 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.
       (3)(A) The majority leader of the Senate and the minority 
     leader of the Senate 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) 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) 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. The vice chairman shall act in the place 
     and stead of the chairman in the absence of the chairman. 
     Neither the chairman nor the vice chairman of the select 
     committee shall at the same time serve as chairman or ranking 
     minority member of any other Committee referred to in 
     paragraph 4(e)(1) of rule XXV of the Standing Rules of the 
     Senate.
       (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 the Vice 
     Chairman of the select Committee, respectively.
       Sec. 3. (a) There shall be referred to the select committee 
     all proposed legislation, messages, petitions, memorials, and 
     other matters relating to the following:
       (1) The Central Intelligence Agency and the Director of 
     Central Intelligence.
       (2) Intelligence activities of all other departments and 
     agencies of the Government, including, but not limited to, 
     the intelligence activities of the Defense Intelligence 
     Agency, the National Security Agency, and other agencies of 
     the Department of Defense; the Department of State; the 
     Department of Justice; and the Department of the Treasury.
       (3) The organization or reorganization of any department or 
     agency of the Government to the extent that the organization 
     or reorganization relates to a function or activity involving 
     intelligence activities.
       (4) Authorizations for appropriations, both direct and 
     indirect, for the following:
       (A) The Central Intelligence Agency and Director of Central 
     Intelligence.
       (B) The Defense Intelligence Agency.
       (C) The National Security Agency.
       (D) The intelligence activities of other agencies and 
     subdivisions of the Department of Defense.
       (E) The intelligence activities of the Department of State.
       (F) The intelligence activities of the Federal Bureau of 
     Investigation, including all activities of the Intelligence 
     Division.
       (G) Any department, agency, or subdivision which is the 
     successor to any agency named in clause (A), (B), or (C); and 
     the activities of any department, agency, or subdivision 
     which is the successor to any department, agency, bureau, or 
     subdivision named in clause (D), (E), or (F) to the extent 
     that the activities of such successor department, agency, 
     or subdivision are activities described in clause (D), 
     (E), or (F).
       (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.
       (c) Nothing in this resolution shall be construed as 
     prohibiting or otherwise restricting the authority of any 
     other committee to study and review any intelligence activity 
     to the extent that such activity directly affects a matter 
     otherwise within the jurisdiction of such committee.
       (d) Nothing in this resolution shall be construed as 
     amending, limiting, or otherwise changing the authority of 
     any standing committee of the Senate to obtain full and 
     prompt access to the product of the intelligence activities 
     of any department or agency of the Government relevant to a 
     matter otherwise within the jurisdiction of such committee.
       Sec. 4. (a) The select committee, for the purposes of 
     accountability to the Senate, shall make regular and 
     periodic, but not less than quarterly, reports to the Senate 
     on the nature and extent of the intelligence activities of 
     the various departments and agencies of the United States. 
     Such committee shall promptly call to the attention of the 
     Senate or to any other appropriate committee or committees of 
     the Senate any matters, requiring the attention of the Senate 
     or such other committee or committees. In making such report, 
     the select committee shall proceed in a manner consistent 
     with section 8(c)(2) to protect national security.
       (b) The select committee shall obtain an annual report from 
     the Director of the Central Intelligence Agency, the 
     Secretary of Defense, the Secretary of State, and the 
     Director of the Federal Bureau of Investigation. Such reports 
     shall review the intelligence activities of the agency or 
     department concerned and the intelligence activities of 
     foreign countries directed at the United States or its 
     interest. An unclassified version of each report may be made 
     available to the public at the discretion of the select 
     committee. Nothing herein shall be construed as requiring the 
     public disclosure in such reports of the names of individuals 
     engaged in intelligence activities for the United States or 
     the divulging of intelligence methods employed or the sources 
     of information on which such reports are based or the amount 
     of funds authorized to be appropriated for intelligence 
     activities.
       (c) On or before March 15 of each year, the select 
     committee shall submit to the Committee on the Budget of the 
     Senate the views and estimates described in section 301(c) of 
     the Congressional Budget Act of 1974 regarding matters within 
     the jurisdiction of the select committee.
       Sec. 5. (a) For the purposes of this resolution, the select 
     committee is authorized in its discretion (1) to make 
     investigations into any matter within its jurisdiction, (2) 
     to

[[Page S2978]]

     make expenditures from the contingent fund of the Senate, (3) 
     to employ personnel, (4) to hold hearings, (5) to sit and act 
     at any time or place during the sessions, recesses, and 
     adjourned periods of the Senate, (6) to require, by subpoena 
     or otherwise, the attendance of witnesses and the production 
     of correspondence, books, papers, and documents, (7) to take 
     depositions and other testimony, (8) to procure the service 
     of individual consultants or organizations thereof, in 
     accordance with the provisions of section 202(i) of the 
     Legislative Reorganization Act of 1946, and (9) with the 
     prior consent of the government department or agency 
     concerned and the Committee on Rules and Administration, to 
     use on a reimbursable basis the services of personnel of any 
     such department or agency.
       (b) The chairman of the select committee or any member 
     thereof may administer oaths to witnesses.
       (c) Subpoenas authorized by the select committee may be 
     issued over the signature of the chairman, the vice chairman 
     or any member of the select committee designated by the 
     chairman, and may be served by any person designated by the 
     chairman or any member signing the subpoenas.
       Sec. 6. No employee of the select committee or any person 
     engaged by contract or otherwise to perform service for or at 
     the request of such committee shall be given access to any 
     classified information by such committee unless such employee 
     or person has (1) agreed in writing and under oath to be 
     bound by the rules of the Senate (including the jurisdiction 
     of the [Select Committee on Ethics]) and of such committee as 
     to the security of such information during and after the 
     period of his employment or contractual agreement with such 
     committee; and (2) received an appropriate security clearance 
     as determined by such committee in consultation with the 
     Director of Central Intelligence. The type of security 
     clearance to be required in the case of any such employee or 
     person shall, within the determination of such committee in 
     consultation with the Director of Central Intelligence, be 
     commensurate with the sensitivity of the classified 
     information to which such employee or person will be given 
     access by such committee.
       Sec. 7. The select committee 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. Nothing 
     herein 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.
       Sec. 8. (a) The select committee may, subject to the 
     provisions of this section, disclose publicly any information 
     in the possession of such committee after a determination by 
     such committee that the public interest would be served by 
     such disclosure. Whenever committee action is required to 
     disclose any information under this section, the committee 
     shall meet to vote on the matter within five days after any 
     member of the committee requests such a vote. No member of 
     the select committee shall disclose any information, the 
     disclosure of which requires a committee vote, prior to a 
     vote by the committee on the question of the disclosure of 
     such information or after such vote except in accordance with 
     this section.
       (b)(1) In any case in which the select committee votes to 
     disclose publicly any information which has been classified 
     under established security procedures, which has been 
     submitted to it by the Executive branch, and which the 
     Executive branch requests be kept secret, such committee 
     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.
       (2) The select committee may disclose publicly such 
     information after the expiration of a five-day period 
     following the day on which notice of such vote is transmitted 
     to the Majority Leader and the Minority Leader the President, 
     unless, prior to the expiration of such five-day period, the 
     President, personally in writing, notifies the committee that 
     he objects to the disclosure of such information, provides 
     his reason therefore, and certifies that the threat to the 
     national interest of the United States posed by such 
     disclosure is of such gravity that it outweighs any public 
     interest in the disclosure.
       (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.
       (4) Whenever the select committee votes to refer the 
     question of disclosure of any information to the Senate under 
     paragraph (3), the chairman shall not later than the first 
     day on which the Senate is in session following the day on 
     which the vote occurs, report the matter to the Senate for 
     its consideration.
       (5) One hour after the Senate convenes on the fourth day on 
     which the Senate is in session following the day on which any 
     such matter is reported to the Senate, or at such earlier 
     time as the majority leader and the minority leader of the 
     Senate jointly agree upon in accordance with paragraph 5 of 
     rule XVII of the Standing Rules of the Senate, the Senate 
     shall go into closed session and the mater shall be the 
     pending business. In considering the matter in closed session 
     the Senate may--
       (A) approve the public disclosure of all or any portion of 
     the information in question, in which case the committee 
     shall publicly disclose the information ordered to be 
     disclosed.
       (B) disapprove the public disclosure of all or any portion 
     of the information in question, in which case the committee 
     shall not publicly disclose the information ordered not to be 
     disclosed, or
       (C) refer all or any portion of the matter back to the 
     committee, in which case the committee shall make the final 
     determination with respect to the public disclosure of the 
     information in question.

     Upon conclusion of the consideration of such matter in closed 
     session, which may not extend beyond the close of the ninth 
     day on which the Senate is in session following the day on 
     which such matter was reported to the Senate, or the close of 
     the fifth day following the day agreed upon jointly by the 
     majority and minority leaders in accordance with paragraph 5 
     of rule XVII of the Standing Rules of the Senate (whichever 
     the case may be), the Senate shall immediately vote on the 
     disposition of such matter in open session, without debate, 
     and without divulging the information with respect to which 
     the vote is being taken. The Senate shall vote to dispose of 
     such matter by one or more of the means specified in clauses 
     (A), (B), and (C) of the second sentence of this paragraph. 
     Any vote of the Senate to disclose any information pursuant 
     to this paragraph shall be subject to the right of a Member 
     of the Senate or move for reconsideration of the vote within 
     the time and pursuant to the procedures specified in rule 
     XIII of the Standing Rules of the Senate, and the disclosure 
     of such information shall be made consistent with that right.
       (c)(1) No information in the possession of the select 
     committee relating to the lawful intelligence activities of 
     any department or agency of the United States which has been 
     classified under established security procedures and which 
     the select committee, pursuant to subsection (a) or (b) of 
     this section, has determined should not be disclosed shall be 
     made available to any person by a Member, officer, or 
     employee of the Senate except in a closed session of the 
     Senate or as provided in paragraph (2).
       (2) The select committee may, under such regulations as the 
     committee shall prescribe to protect the confidentiality of 
     such information, make any information described in paragraph 
     (1) available to any other committee or any other Member of 
     the Senate. Whenever the select committee makes such 
     information available, the committee shall keep a written 
     record showing, in the case of any particular information, 
     which committee or which Members of the Senate received such 
     information. No Member of the Senate who, and no committee 
     which, receives any information under this subsection, shall 
     disclose such information except in a closed session of the 
     Senate.
       (d) It shall be the duty of the [Select Committee on 
     Ethics] to investigate any unauthorized disclosure of 
     intelligence information by a Member, officer or employee of 
     the Senate in violation of subsection (c) and to report to 
     the Senate concerning any allegation which it finds to be 
     substantiated.
       (e) Upon the request of any person who is subject to any 
     such investigation, the [Select Committee on Ethics] 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 
     [Select Committee on Ethics] determines that there has been a 
     significant breach of confidentiality or unauthorized 
     disclosure by a Member, officer, or employee of the Senate, 
     it shall report its findings to the Senate and recommend 
     appropriate action such as censure, removal from committee 
     membership, or expulsion from the Senate, in the case of a 
     Member, or removal from office or employment or punishment 
     for contempt, in the case of an officer or employee.
       Sec. 9. The select committee is authorized to permit any 
     personal representative of the President, designated by the 
     President to serve as a liaison to such committee, to attend 
     any closed meeting of such committee.
       Sec. 10. Upon expiration of the Select Committee on 
     Government Operations with Respect to Intelligence 
     Activities, established by Senate Resolution 21, Ninety-
     fourth Congress, all records, files, documents, and 
     other materials in the possession, custody, or control of 
     such committee, under appropriate conditions established 
     by it, shall be transferred to the select committee.
       Sec. 11. (a) It is the sense of the Senate that the head of 
     each department and agency of the United States should keep 
     the select committee fully and currently informed with 
     respect to intelligence activities, including any significant 
     anticipated activities, which are the responsibility of or 
     engaged in by such department or agency: Provided, That this 
     does not constitute a condition precedent to the 
     implementation of any such anticipated intelligence activity.

[[Page S2979]]

       (b) It is the sense of the Senate that the head of any 
     department or agency of the United States involved in any 
     intelligence activities should furnish any information or 
     document in the possession, custody, or control of the 
     department or agency, or person paid by such department or 
     agency, whenever requested by the select committee with 
     respect to any matter within such committee's jurisdiction.
       (c) It is the sense of the Senate that each department and 
     agency of the United States should report immediately upon 
     discovery to the select committee any and all intelligence 
     activities which constitute violations of the constitutional 
     rights of any person, violations of law, or violations of 
     Executive orders, Presidential directives, or departmental or 
     agency rules or regulations; each department and agency 
     should further report to such committee what actions have 
     been taken or are expected to be taken by the departments or 
     agencies with respect to such violations.
       Sec. 12. Subject to the Standing Rules of the Senate, no 
     funds shall be appropriated for any fiscal year beginning 
     after September 30, 1976, with the exception of a continuing 
     bill or resolution, or amendment thereto, or conference 
     report thereon, to, or for use of, any department or agency 
     of the United States to carry out any of the following 
     activities, unless such funds shall have been previously 
     authorized by a bill or joint resolution passed by the Senate 
     during the same or preceding fiscal year to carry out such 
     activity for such fiscal year:
       (1) The activities of the Central Intelligence Agency and 
     the Director of Central Intelligence.
       (2) The activities of the Defense Intelligence Agency.
       (3) The activities of the National Security Agency.
       (4) The intelligence activities of other agencies and 
     subdivisions of the Department of Defense.
       (5) The intelligence activities of the Department of State.
       (6) The intelligence activities of the Federal Bureau of 
     Investigation, including all activities of the Intelligence 
     Division.
       Sec. 13. (a) The select committee shall make a study with 
     respect to the following matters, taking into consideration 
     with respect to each such matter, all relevant aspects of the 
     effectiveness of planning, gathering, use, security, and 
     dissemination of intelligence:
       (1) the quality of the analytical capabilities of United 
     States foreign intelligence agencies and means for 
     integrating more closely analytical intelligence and policy 
     formulation;
       (2) the extent and nature of the authority of the 
     departments and agencies of the Executive branch to engage in 
     intelligence activities and the desirability of developing 
     charters for each intelligence agency or department;
       (3) the organization of intelligence activities in the 
     Executive branch to maximize the effectiveness of the 
     conduct, oversight, and accountability of intelligence 
     activities; to reduce duplication or overlap; and to improve 
     the morale of the personnel of the foreign intelligence 
     agencies;
       (4) the conduct of covert and clandestine activities and 
     the procedures by which Congress is informed of such 
     activities;
       (5) the desirability of changing any law, Senate rule or 
     procedure, or any Executive order, rule, or regulation to 
     improve the protection of intelligence secrets and provide 
     for disclosure of information for which there is no 
     compelling reason for secrecy;
       (6) the desirability of establishing a standing committee 
     of the Senate on intelligence activities;
       (7) the desirability of establishing a joint committee of 
     the Senate and the House of Representatives on intelligence 
     activities in lieu of having separate committees in each 
     House of Congress, or of establishing procedures under which 
     separate committees on intelligence activities of the two 
     Houses of Congress would receive joint briefings from the 
     intelligence agencies and coordinate their policies with 
     respect to the safeguarding or sensitive intelligence 
     information;
       (8) the authorization of funds for the intelligence 
     activities of the Government and whether disclosure of any of 
     the amounts of such funds is in the public interest; and
       (9) the development of a uniform set of definitions for 
     terms to be used in policies or guidelines which may be 
     adopted by the executive or legislative branches to govern, 
     clarify, and strengthen the operation of intelligence 
     activities.
       (b) The select committee may, in its discretion, omit from 
     the special study required by this section any matter it 
     determines has been adequately studied by the Select 
     Committee to Study Governmental Operations with Respect to 
     Intelligence Activities, established by Senate Resolution 21, 
     Ninety-fourth Congress.
       (c) The select committee shall report the results of the 
     study provided for by this section to the Senate, together 
     with any recommendations for legislative or other actions it 
     deems appropriate, no later than July 1, 1977, and from time 
     to time thereafter as it deems appropriate.
       Sec. 14. (a) As used in this resolution, the term 
     ``intelligence activities'' includes (1) the collection, 
     analysis, production, dissemination, or use of information 
     which relates to any foreign country, or any government, 
     political group, party, military force, movement, or other 
     association in such foreign country, and which relates to the 
     defense, foreign policy, national security, or related 
     policies of the United States, and other activity which is in 
     support of such activities; (2) activities taken to counter 
     similar activities directed against the United States; (3) 
     covert or clandestine activities affecting the relations of 
     the United States with any foreign government, political 
     group, party, military force, movement or other association; 
     (4) the collection, analysis, production, dissemination, or 
     use of information about activities of persons within the 
     United States, its territories and possessions, or nationals 
     of the United States abroad whose political and related 
     activities pose, or may be considered by any department, 
     agency, bureau, office, division, instrumentality, or 
     employee of the United States to pose, a threat to the 
     internal security of the United States, and covert or 
     clandestine activities directed against such persons. Such 
     term does not include tactical foreign military intelligence 
     serving no national policymaking function.
       (b) As used in this resolution, the term ``department or 
     agency'' includes any organization, committee, council, 
     establishment, or office within the Federal Government.
       (c) For purposes of this resolution, reference to any 
     department, agency, bureau, or subdivision shall include a 
     reference to any successor department, agency, bureau, or 
     subdivision to the extent that such successor engages in 
     intelligence activities now conducted by the department, 
     agency, bureau, or subdivision referred to in this 
     resolution.
       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 more than 40 percent shall be under the control of 
     the Vice Chairman.
       Sec. 16. Nothing in this resolution shall be construed as 
     constituting acquiescence by the Senate in any practice, or 
     in the conduct of any activity, not otherwise authorized by 
     law.
       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.

                               Appendix B

                       94th Congress, 1st Session

                               S. RES. 9

                               RESOLUTION

  Amending the rules of the Senate relating to open committee meetings

       Resolved, That paragraph 7(b) of rule XXV of the Standing 
     rules of the Senate is amended to read as follows:
       ``(b) Each meeting of a standing, select, or special 
     committee of the Senate, or any subcommittee thereof, 
     including meetings to conduct hearings, shall be open to the 
     public, except that a portion or portions of any such 
     meetings may be closed to the public if the committee or 
     subcommittee, as the case may be, determines by record vote 
     of a majority of the members of the committee or subcommittee 
     present that the matters be discussed or the testimony to be 
     taken at such portion or portions--
       ``(1) will disclose matters necessary to be kept secret in 
     the interests of national defense or the confidential conduct 
     of the foreign relations of the United States;
       ``(2) will relate solely to matters of committee staff 
     personnel or internal staff management or procedure;
       ``(3) will tend to charge an individual with crime or 
     misconduct, to disgrace or injure the professional standing 
     of an individual, or otherwise to expose an individual to 
     public contempt or obloquy, or will represent a clearly 
     unwarranted invasion of the privacy of an individual;
       ``(4) will disclose the identity of any informer or law 
     enforcement agency or will disclose any information relating 
     to the investigation or prosecution of a criminal offense 
     that is required to be kept secret in the interests of 
     effective law enforcement; or

[[Page S2980]]

       ``(5) will disclose information relating to the trade 
     secrets or financial or commercial information pertaining 
     specifically to a given person if--
       ``(A) an Act of Congress requires the information to be 
     kept confidential by Government officers and employees; or
       ``(B) the information has been obtained by the Government 
     on a confidential basis, other than through an application by 
     such person for a specific Government financial or other 
     benefit, and is required to be kept secret in order to 
     prevent undue injury to the competitive position of such 
     persons.
       Whenever any hearing conducted by any such committee or 
     subcommittee is open to the public, that hearing may be 
     broadcast by radio or television, or both, under such rules 
     as the committee or subcommittee may adopt.''
       Sec. 2. Section 133A(b) of the Legislative Reorganization 
     Act of 1946, section 242(a) of the Legislative Reorganization 
     Act of 1970, and section 102(d) and (e) of the Congressional 
     Budget Act of 1974 are repealed.

                               Appendix C

                       108th Congress 2d Session

                              S. RES. 445

          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 ensure 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

[[Page S2981]]

     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 in 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.

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