[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

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                    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.

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                          (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--

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                          (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

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                    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''.

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                        (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.''.

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                        (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

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                    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.

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      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.]