[Senate Report 110-3]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 16
110th Congress                                                   Report
                                 SENATE
 1st Session                                                      110-3

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           AMENDMENT OF SENATE RESOLUTION 400 (94TH CONGRESS)

                                _______
                                

                January 30, 2007.--Ordered to be printed

                                _______
                                

 Mr. Rockefeller, from the Select Committee on Intelligence, submitted 
                             the following

                              R E P O R T

                       [To accompany S. Res. 50]

    The Select Committee on Intelligence, having considered an 
original resolution (S. Res. 50) amending Senate Resolution 400 
(94th Congress), to make amendments arising from the enactment 
of the Intelligence Reform and Terrorism Prevention Act of 
2004, and to make other amendments, reports favorably thereon 
and recommends that the resolution be agreed to.

                         PURPOSE OF RESOLUTION

    Senate Resolution 400 of the 94th Congress (S. Res. 400) is 
the basic jurisdictional and procedural charter of the Select 
Committee on Intelligence. Since its adoption by the Senate in 
1976, there have been organizational changes in the 
Intelligence Community that should be reflected in S. Res. 400. 
Principal among them, as a result of the Intelligence Reform 
and Terrorism Prevention Act of 2004, Pub. L. No. 108-458, is 
the replacement of the position of Director of Central 
Intelligence (DCI) with that of the Director of National 
Intelligence (DNI) and the Director of the Central Intelligence 
Agency. The resolution that the Committee is now reporting also 
provides for technical changes to conform S. Res. 400 to 
several matters internal to the Senate that have been changed 
since 1976 by other Senate resolutions.

              SECTION-BY-SECTION ANALYSIS AND EXPLANATION

Section 1. Amendments arising from enactment of the Intelligence Reform 
        Act

    Section 3(a)(1) of S. Res. 400 provides for the 
jurisdiction of the Select Committee on Intelligence over 
listed elements of the Intelligence Community. Section 3(a)(4) 
of S. Res. 400 grants the Committee jurisdiction over 
authorizations for those elements. Section 12 of S. Res. 400 
implements that grant of jurisdiction by barring appropriations 
for the activities of the listed elements of the Intelligence 
Community unless there has been an authorization. Heading these 
lists has been ``The Central Intelligence Agency and the 
Director of Central Intelligence,'' or in the case of Section 
12 ``The activities of the Central Intelligence Agency and the 
Director of Central Intelligence.''
    The Intelligence Reform Act of 2004 assigns to the DNI two 
functions that had previously been assigned to the DCI, namely, 
serving as head of the Intelligence Community and being the 
principal adviser to the President for intelligence matters 
relating to national security. The Act assigns to the CIA 
Director the third principal function of the former DCI: 
serving as head of the CIA. It provides for an Office of the 
Director of National Intelligence to assist the DNI in carrying 
out his or her responsibilities.
    To align the grant of committee jurisdiction in S. Res. 400 
with the present organization of the Intelligence Community 
that has resulted from Intelligence Reform Act of 2004, section 
1 of the resolution that the Committee is now reporting will 
replace the outdated references in S. Res. 400 to the Director 
of Central Intelligence. By virtue of paragraphs (1)(A)(ii) and 
(iii) of Section1 of the amendments now being reported, S. Res. 
400 will provide explicitly for Intelligence Committee 
jurisdiction over:
          ``(A) The Office of the Director of National 
        Intelligence and the Director of National Intelligence.
          ``(B) The Central Intelligence Agency and the 
        Director of the Central Intelligence Agency.''
    Section 1(4)(B) of the amendments makes a corresponding 
change to section 12 of S. Res. 400. In fact, since enactment 
of the 2004 Reform Act, the Senate has recognized that 
Intelligence Committee jurisdiction covers all parts of the 
former DCI's jurisdiction, with matters concerning the DNI 
being referred to the Intelligence Committee, including 
nominations to that position. The amendments ratify that 
working assumption.
    The general Senate practice on the sequential referral to a 
second committee of legislation that has been reported by a 
committee is that the sequential referral may be ordered by 
unanimous consent or under Rule XVII of the Standing Rules of 
the Senate on a motion by the Majority and Minority Leaders or 
their designees. To address the circumstances in which another 
committee has jurisdiction over a department that contains an 
Intelligence Community element, the Senate in Section 3(b) of 
S. Res. 400 established a special procedure for the sequential 
referral of matters in which the Intelligence Committee shares 
jurisdiction with another committee of the Senate.
    Under that procedure, if the Intelligence Committee reports 
a matter that is also within the jurisdiction of another 
committee, or another committee reports a matter that is also 
within the jurisdiction of the Intelligence Committee, the 
chairman of the committee that also has jurisdiction may obtain 
a sequential referral to his or her committee simply by 
requesting it. The sequential referral shall be for ten days 
that the Senate is in session and is extendable for five 
additional days of session at the request of the Majority or 
Minority Leader.
    However, since the adoption of S. Res. 400 in 1976, section 
3(b) of S. Res. 400 has specifically excepted from this special 
sequential referral rule legislation involving the CIA and the 
DCI. Section 1(1)(B) of the amendments that the Committee is 
now reporting applies that exception to legislation involving 
both successors of the DCI: the DNI as head of the Intelligence 
Community and the CIA Director as head of the CIA, as well as 
to the entity that supports each, the ODNI and the CIA. But, as 
section 3(c) of S. Res. 400 (which will not be changed by these 
amendments) also makes clear, nothing in S. Res. 400 shall be 
construed as restricting the authority of any committee to 
study or review an intelligence activity that directly affects 
a matter otherwise within that committee's jurisdiction. 
Further, Rule XVII, the general Senate rule on sequential 
referrals, will continue to allow for sequential referrals on 
the motion of the Majority and Minority Leaders or their 
designees. Nor will the amendments change the application of 
the special sequential procedure to the Intelligence 
Committee's annual authorization bill as that bill regularly 
contains authorization matters beyond the Office of the 
Director of National Intelligence and the CIA that render the 
bill subject to sequential referral.
    In addition to the changes described above, the amendments 
included in section 1 of the resolution now being reported 
insert the DNI or replace outdated references to the DCI in 
other parts of S. Res. 400, as appropriate, such as with regard 
to the requirement in section 4 of S. Res. 400 for obtaining an 
annual report from the DNI as well as the CIA Director.

Section 2. Technical amendments relating to the current name of the 
        Ethics Committee

    Two sections of S. Res. 400 provide for the 
responsibilities of the Senate committee that has jurisdiction 
over ethics matters.
    Section 6 of S. Res. 400 requires that no employee or 
contractor of the Intelligence Committee shall be given access 
to classified information unless agreeing in writing and under 
oath to be bound by the rules of the Senate including the 
jurisdiction of the Senate committee with jurisdiction over 
ethics. Section 8 of S. Res. 400 provides for the duty of that 
committee to investigate and report to the Senate any 
unauthorized disclosure of intelligence information by any 
Member, officer, or employee of the Senate.
    At the time of the adoption of S. Res. 400 in 1976, the 
name of the Senate committee with jurisdiction over ethics 
matters was the Select Committee on Standards and Conduct. In 
1977, the Senate changed the name of that committee to the 
Select Committee on Ethics. The resolution that accomplished 
that, S. Res. 4, also provided that any resolution, rule, or 
order of the Senate that referred to the Select Committee on 
Standards and Conduct shall thereafter be considered as 
referring to the Select Committee on Ethics.
    Section 2 of the resolution that our Committee is now 
reporting amends Sections 6 and 8 of S. Res. 400 to replace the 
outdated references to the Select Committee on Standards and 
Conduct with references to the Select Committee on Ethics.

3. Technical amendments relating to outdated references to an 
        intelligence Division of the FBI

    In two places in S. Res. 400--sections 3 and 12, in 
describing the Committee's jurisdiction over intelligence 
matters at the Federal Bureau of Investigation, the Senate in 
1976 described that jurisdiction as ``the intelligence 
activities of the Federal Bureau of Investigation, including 
all activities of the Intelligence Division.'' The FBI no 
longer has a unit named ``the Intelligence Division.'' The 
intelligence functions of the FBI are now located in a National 
Security Branch. Section 3 of the amendments now being reported 
by the Committee will strike the outdated references to the 
Intelligence Division. As amended, sections 3 and 12 will cover 
``the intelligence activities of the Federal Bureau of 
Investigation'' under whatever name may be used within the FBI.

4. Technical amendments relating to references to Senate Rules

    The technical amendments in Section 4 of the resolution 
that the Committee is now reporting replace with current 
references to the Standing Rules of the Senate three out-of-
date references in S. Res. 400 to Senate rules, including rules 
that in 1976 had been located in the Legislative Reorganization 
Act of 1946. One of the references is in Section 2(b) of S. 
Res. 400 which bars the Chairman and Vice Chairman of the 
Intelligence Committee from serving as the chairman or ranking 
minority member of other standing, select, or joint committees. 
The other two are in Section 8(b)(5) of S. Res. 400. They 
relate to the authority of the Majority and Minority Leaders to 
agree to a time for the full Senate to consider a vote by the 
Intelligence Committee to disclose information.
    The amendments do not change the substance of the 
referenced rules or the operation of S. Res. 400, but only show 
where the applicable rules may be currently found. The 
Committee, in fact, has been printing the correct location of 
the referenced rules in its periodic reprinting of S. Res. 400 
and the rules of the Committee, but no record has been found 
that shows that the Senate (whose action is needed to amend S. 
Res. 400) has made these technical changes to S. Res. 400.

5. Technical amendments to correct inadvertent word error resulting 
        from S. 445 of the 108th Congress

    Section 201 of S. Res. 445, agreed to October 9, 2004 
(108th Congress), reorganized and amended Section 3(b) of S. 
Res. 400. The 2004 amendments to S. Res. 400 included an 
inadvertent word error. In Section 3(b)(3) of S. Res. 400 (as 
amended by S. Res. 445)--a provision on the computation of time 
for sequential referrals--the term ``the session'' should be 
``in session.'' Section 5 of the resolution that the Committee 
is now reporting makes that correction.

                            COMMITTEE ACTION

Motion to report resolution favorably

    On January 30, 2007, on the motion of Senator Bond and a 
quorum for reporting being present, by a vote of 15 ayes and 0 
noes the Committee voted to report the resolution favorably. 
The votes in person or by proxy were as follows: Chairman 
Rockefeller--aye; Senator Feinstein--aye; Senator Wyden--aye; 
Senator Bayh--aye; Senator Mikulski--aye; Senator Feingold--
aye; Senator Nelson--aye; Senator Whitehouse--aye; Vice 
Chairman Bond--aye; Senator Warner--aye; Senator Hagel--aye; 
Senator Chambliss--aye; Senator Hatch--aye; Senator Snowe--aye; 
Senator Burr--aye.