    [United States Senate Manual, 116th Congress]
    [S. Doc. 116-1]
    [Non-statutory Standing Orders and Regulations Affecting the Business of the Senate]
    [Pages 139-147]
    [From the U.S. Government Publishing Office, www.gpo.gov]

          82.1           TITLE I--HOMELAND SECURITY OVERSIGHT REFORM

                    Sec. 101. Homeland Security.

                            (a) Committee on Homeland Security and
                        Government Affairs.--The Committee on Governmental

    [[Page 140]]

                        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.

    [[Page 141]]

                              (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--

    [[Page 142]]

                              (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 insure Executive
                        compliance with the provisions of the Impoundment
                        Control Act, title X--such as GAO review and
                        lawsuits; and
                              (9) the provisions which affect the content or
                        determination of amounts included in or excluded
                        from the congressional budget or the calculation of
                        such amounts, including the definition of terms
                        provided by the Budget Act.
                            (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.

          82.2

                           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

    [[Page 143]]

                        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''.

    [[Page 144]]

                            (g) Staff.--Section 15 of S. Res. 400 is amended
                        to read as follows:
                            ``Sec. 15. (a) In addition to other committee
                        staff selected by the select Committee, the select
                        Committee shall hire or appoint one employee for
                        each member of the select Committee to serve as such
                        Member's designated representative on the select
                        Committee. The select Committee shall only hire or
                        appoint an employee chosen by the respective Member
                        of the select Committee for whom the employee will
                        serve as the designated representative on the select
                        Committee.
                            ``(b) The select Committee shall be afforded a
                        supplement to its budget, to be determined by the
                        Committee on Rules and Administration, to allow for
                        the hire of each employee who fills the position of
                        designated representative to the select Committee.
                        The designated representative shall have office
                        space and appropriate office equipment in the select
                        Committee spaces. Designated personal
                        representatives shall have the same access to
                        Committee staff, information, records, and databases
                        as select Committee staff, as determinedby 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.''.

    [[Page 145]]

                            (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
                        as 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 accord

    [[Page 146]]

                        ance 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 theselect Committee, by
                        majority vote, may refer the question of the
                        disclosure of such information to the Senatefor
                        consideration.''.

          82.3

                                 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.

    [[Page 147]]

          82.4

                        TITLE IV--INTELLIGENCE RELATED SUBCOMMITTEES

                    Sec. 401. Subcommittee Related on 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.
          82.5

                                   TITLE V--EFFECTIVE DATE

                    Sec. 501. Effective Date.

                    This resolution shall take effect on the convening of
                the 109th Congress.

                                         [S. Res. 445, 108-2, Oct. 9, 2004.]