[Congressional Record Volume 154, Number 144 (Thursday, September 11, 2008)]
[Senate]
[Pages S8416-S8417]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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   SENATE RESOLUTION 655--TO IMPROVE CONGRESSIONAL OVERSIGHT OF THE 
              INTELLIGENCE ACTIVITIES OF THE UNITED STATES

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

                              S. Res. 655

       Whereas the Select Committee on Intelligence of the Senate 
     was created by Senate Resolution 400 in the 94th Congress to 
     oversee and make continuing studies of the intelligence 
     activities of the United States;

[[Page S8417]]

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

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

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

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