S.Amdt. 4008

TEXT OF AMENDMENTS

SA 3986. Mr. REID (for Mr. Byrd) submitted an amendment intended to
be proposed to amendment SA 3981 proposed by Mr. McConnell (for
himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution S.
Res. 445, to eliminate certain restrictions on service of a Senator on
the Senate Select Committee on Intelligence; as follows:

At the appropriate place in Sec. 402(b) after the word
``matters'' insert the following: ``, as determined by the
Senate Committee on Appropriations''.
______

SA 3987. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid,
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

Strike section 101(b)(1) of the resolution and insert the
following:
(b) Jurisdiction.--There shall be referred to the committee
all proposed legislation, messages, petitions, memorials, and
other matters relating primarily to the following subjects:
(1) Department of Homeland Security, except matters
relating to--
(A) the Coast Guard, the Transportation Security
Administration, or the Federal Law Enforcement Training
Center; and
(B) 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).
______

SA 3988. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid,
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

At the appropriate place in the resolution, insert the
following:

SEC. __. CLARIFICATION OF SENATE RULE XVI.

Notwithstanding the provisions of paragraph 2 of rule XVI
of the Standing Rules of the Senate, the Committee on
Appropriations shall not report an appropriation bill
proposing new or general legislation or any restriction on
the expenditure of the funds appropriated which proposes a
limitation not authorized by law if such restriction is to
take effect or cease to be effective upon the happening of a
contingency, and if an appropriation bill is reported to the
Senate proposing new or general legislation or any such

[[Page S10751]]

restriction, a point of order may be made against the bill,
and if the point is sustained, the bill shall be recommitted
to the Committee on Appropriations.
______

SA 3989. Mr. BAUCUS (for Mr. Grassley (for himself and Mr. Baucus))
submitted an amendment intended to be proposed to amendment SA 3981
proposed by Mr. McConnell (for himself, Mr. Reid, Mr. Frist, and Mr.
Daschle) to the resolution S. Res. 445, to eliminate certain
restrictions on service of a Senator on the Senate Select Committee on
Intelligence; as follows:

Strike section 101(b)(1) of the resolution and insert the
following:
(b) Jurisdiction.--There shall be referred to the committee
all proposed legislation, messages, petitions, memorials, and
other matters relating primarily to the following subjects:
(1) Department of Homeland Security, except matters
relating to--
(A) the Coast Guard, the Transportation Security
Administration, or the Federal Law Enforcement Training
Center; and
(B) 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).
______

SA 3990. Mr. KENNEDY (for Mr. CHAMBLISS (for himself and Mr.
Kennedy)) submitted an amendment intended to be proposed to amendment
SA 3981 proposed by Mr. McCONNELL (for himself, Mr. Reid, Mr. Frist,
and Mr. Daschle) to the resolution S. Res. 445, to eliminate certain
restrictions on service of a Senator on the Senate Select Committee on
Intelligence; which was ordered to lie on the table; as follows:

At the end of section 101(b)(1) insert the following:
``except matters relating to the U.S. Citizenship and
Immigration Service, and the immigration functions of the
U.S. Customs and Border Protection, the U.S. Immigration and
Customs Enforcement, and the Directorate of Border and
Transportation Security.''.
______

SA 3991. Mr. HAGEL (for himself and Mr. Chambliss) submitted an
amendment intended to be proposed to amendment SA 3981 proposed by Mr.
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the
resolution S. Res. 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on Intelligence; which was
ordered to lie on the table; as follows:

Section 301(b) is amended by adding at the end the
following: ``The service of a member selected pursuant to
section 2(a)(1) of S. Res. 400 (94th Congress) shall not be
counted for purposes of paragraph 4(a)(1) of rule XXV of the
Standing Rules of the Senate.''.
______

SA 3992. Mr. CORNYN (for himself and Mr. Leahy) submitted an
amendment intended to be proposed to amendment SA 3981 proposed by Mr.
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the
resolution S. Res. 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on Inelligence; which was
ordered to lie ont eh table; as follows:

In section 101(d), insert ``(1)'' after ``subsection (b)''.
______

SA 3993. Mr. CORNYN (for himself and Mr. Leahy) submitted an
amendment intended to be proposed to amendment SA 3981 proposed by Mr.
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the
resolution S. Res. 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on Intelligence; which was
ordered to lie on the table; as follows:

In section 101(d), insert ``, except that the Committee on
the Judiciary shall continue to have joint jurisdiction over
government information'' before the period at the end.
______

SA 3994. Mr. CHAMBLISS (for himself, Mr. Kennedy, and Mr. Specter)
proposed an amendment to amendment SA 3981 proposed by Mr. McConnell
(for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution
S. Res. 445, to eliminate certain restrictions on service of a Senator
on the Senate Select Committee on Intelligence; as follows:

At the end of section 101(b)(1) insert the following:
``except matters relating to the U.S. Citizenship and
Immigration Service and the immigration functions of the U.S.
Customs and Border Protection and the U.S. Immigration and
Customs Enforcement, the Directorate of Border and
Transportation Security.''.
______

SA 3995. Mr. BAYH (for himself, Mr. Roberts, Mr. Wyden, Mrs.
Feinstein, Mr. McCain, and Ms. Snowe) proposed an amendment to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; as follows:

Section 201 is amended by adding at the end the following:
(i) Referral.--Section 3 of S. Res. 400 is amended by--
(1) striking subsection (b); and
(2) redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
______

SA 3996. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

In section 101, strike subsections (b) and (c) and insert
the following:
(b) Jurisdiction.--
(1) Committee.--There shall be referred to the committee
all proposed legislation, messages, petitions, memorials, and
other matters relating primarily to the following subjects:
(A) Department of Homeland Security, except matters
relating to the Coast Guard, the Transportation Security
Administration, the Federal Law Enforcement Training Center,
and the revenue functions of the Customs Service.
(B) Archives of the United States.
(C) Federal Civil Service.
(D) Government information.
(E) Intergovernmental relations.
(F) Municipal affairs of the District of Columbia, except
appropriations therefor.
(G) Organization and reorganization of the executive branch
of the Government.
(H) Postal Service.
(I) Status of officers and employees of the United States,
including their classification, compensation, and benefits,
except for retirement and pensions.
(2) Other committees.--
(A) Committee on banking, housing, and urban affairs.--
There shall be referred to the Committee on Banking, Housing,
and Urban Affairs all proposed legislation, messages,
petitions, memorials, and other matters relating primarily to
budget and accounting measures, other than appropriations,
except as provided in the Congressional Budget Act of 1974.
(B) Committee on commerce, science, and transportation.--
There shall be referred to the Committee on Commerce,
Science, and Transporation all proposed legislation,
messages, petitions, memorials, and other matters relating
primarily to the census and collection of statistics,
including economic and social statistics.
(C) Committee on rules and administration.--There shall be
referred to the Committee on Rules and Administration all
proposed legislation, messages, petitions, memorials, and
other matters relating primarily to congressional
organization.
(D) Committee on energy and natural resources.--There shall
be referred to the Committee on Energy and Natural Resources
all proposed legislation, messages, petitions, memorials, and
other matters relating primarily to organization and
management of United States nuclear export policy.
(E) Committee on health, education, labor, and pensions.--
There shall be referred to the Committee on Health,
Education, Labor, and Pensions all proposed legislation,
messages, petitions, memorials, and other matters relating
primarily to Federal workforce retirement and pension
benefits.
(F) Committee on foreign relations.--There shall be
referred to the Committee on Foreign Relations all proposed
legislation, messages, petitions, memorials, and other
matters relating primarily to studying the intergovernmental
relationships between the United States and international
organizations of which the United States is a member.
(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

[[Page S10752]]

(4) studying the intergovernmental relationships between
the United States and the States and municipalities.
______

SA 3997. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid,
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

In section 101, strike subsections (b) and (c) and insert
the following:
(b) Jurisdiction.--
(1) Committee.--There shall be referred to the committee
all proposed legislation, messages, petitions, memorials, and
other matters relating primarily to the following subjects:
(A) Department of Homeland Security, except matters
relating to the Coast Guard, the Transportation Security
Administration, the Federal Law Enforcement Training Center,
and the revenue functions of the Customs Service.
(B) Archives of the United States.
(C) Federal Civil Service.
(D) Government information.
(E) Intergovernmental relations.
(F) Municipal affairs of the District of Columbia, except
appropriations therefor.
(G) Organization and reorganization of the executive branch
of the Government.
(H) Postal Service.
(I) Status of officers and employees of the United States,
including their classification, compensation, and benefits,
except for retirement and pensions.
(2) Other committees.--
(A) Committee on banking, housing, and urban affairs.--
There shall be referred to the Committee on Banking, Housing,
and Urban Affairs all proposed legislation, messages,
petitions, memorials, and other matters relating primarily to
the following:
(i) Budget and accounting measures, other than
appropriations, except as provided in the Congressional
Budget Act of 1974.
(ii) Compliance or noncompliance of corporations,
companies, or individual or other entities with the rules,
regulations, and law governing the various governmental
agencies.
(B) Committee on commerce, science, and transportation.--
There shall be referred to the Committee on Commerce,
Science, and Transporation all proposed legislation,
messages, petitions, memorials, and other matters relating
primarily to the census and collection of statistics,
including economic and social statistics.
(C) Committee on rules and administration.--There shall be
referred to the Committee on Rules and Administration all
proposed legislation, messages, petitions, memorials, and
other matters relating primarily to congressional
organization.
(D) Committee on energy and natural resources.--There shall
be referred to the Committee on Energy and Natural Resources
all proposed legislation, messages, petitions, memorials, and
other matters relating primarily to the following:
(i) Organization and management of United States nuclear
export policy.
(ii) Efficiency, economy, and effectiveness of all agencies
and departments of the Government involved in the control and
management of energy resources and relations with other oil
producing and consuming countries with respect to Government
involvement in the control and management of energy
shortages.
(E) Committee on health, education, labor, and pensions.--
There shall be referred to the Committee on Health,
Education, Labor, and Pensions all proposed legislation,
messages, petitions, memorials, and other matters relating
primarily to Federal workforce retirement and pension
benefits.
(F) Committee on foreign relations.--There shall be
referred to the Committee on Foreign Relations all proposed
legislation, messages, petitions, memorials, and other
matters relating primarily to studying the intergovernmental
relationships between the United States and international
organizations of which the United States is a member.
(G) Committee on the judiciary.--There shall be referred to
the Committee on the Judiciary all proposed legislation,
messages, petitions, memorials, and other matters relating
primarily to the following:
(i) Syndicated or organized crime which may operate in or
otherwise utilize the facilities of interstate and
international commerce.
(ii) All other aspects of crime and lawlessness within the
United States which have an impact upon or affect the
national health, welfare, and safety.
(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.
______

SA 3998. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:
On page 7, between lines 20 and 21, insert the following:

SEC. 202. SENATE CONFERENCE PROCESS FOR INTELLIGENCE
APPROPRIATIONS.

(a) Conference Requirement and Procedure.--
(1) In General.--It shall not be in order for the Senate to
proceed to the consideration of a bill making an intelligence
appropriation unless--
(A) it is a bill that has been reported by the Committee on
Appropriations;
(B) the bill has been subsequently referred to the Select
Committee on Intelligence;
(C) there has been a conference between the Committees on
any difference between the bill reported by the Committee on
Appropriations and the bill subsequently reported by the
Select Committee on Intelligence;
(E) each committee has been represented at that conference
by an equal number of conferees; and
(F) the committee of conference, after full and free
conference, has recommended to the Senate a bill in lieu of
the bill reported by either Committee.
(2) Sequential referral required.--Notwithstanding any
provision of the Standing Rules of the Senate to the
contrary, whenever the Committee on Appropriations reports a
bill making an intelligence appropriation, that bill shall be
referred to the Select Committee on Intelligence for a period
of not more than 30 days (disregarding any day on which the
Senate is not in session).
(3) 30-day period.--If the Select Committee on Intelligence
does not report the bill within 30 days (disregarding any day
on which the Senate is not in session) after the bill is
referred to it under paragraph (2), then--
(A) the Select Committee on Intelligence shall be
discharged from further consideration of the bill; and
(B) no point of order under subsection (b) shall lie
against the Senate's proceeding to its consideration.
(b) Enforcement.--On a point of order made by any Senator
the Senate may not proceed to the consideration of a bill
making an intelligence appropriation except as provided in
subsection (a).
(c) Supermajority Required for Waiver.--A point of order
under subsection (b) may be waived only by a motion agreed to
by the affirmative vote of three-fifths of the Senators duly
chosen and sworn. If an appeal is taken from the ruling of
the Presiding Officer with respect to such a point of order,
the ruling of the Presiding Officer shall be sustained absent
an affirmative vote of three-fifths of the Senators duly
chosen and sworn.
(d) Intelligence appropriation defined.--In this section,
the term ``intelligence appropriation'' means an
appropriation to provide funds for foreign or domestic
intelligence operations, equipment, salaries, expenses, or
other intelligence-related activities of the United States,
other than an amount appropriated to the Secretary of Defense
or to or for the use of an agency or office of the Department
of Defense.
______

SA 3999. Mr. McCAIN (for himself, Mr. Lieberman, Mr. Lott, Ms. Snowe,
and Mr. Roberts) submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; as follows:

Strike section 402 and insert the following:

SEC. 402. JURISDICTION OVER INTELLIGENCE APPROPRIATIONS.

Notwithstanding subparagraph (b) of paragraph 1 of Rule XXV
of the Standing Rules of the Senate, the Select Committee on
Intelligence shall have jurisdiction over all proposed
legislation, messages, petitions, memorials, and other
matters relating to appropriation, rescission of
appropriations, and new spending authority related to funding
for intelligence matters.
______

SA 4000. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; as follows:

On page 2, beginning in line 13, strike ``to the
Transportation Security Administration,''.
______

SA 4001. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr.

[[Page S10753]]

McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the
resolution S. Res. 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on Intelligence; which was
ordered to lie on the table; as follows:

On page 2, line 13, strike ``Coast Guard,'' and insert
``Coast Guard (other than functions of the Coast Guard
related to homeland security),''.
______

SA 4002. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

In section 101(b)(1), strike ``Coast Guard, to the
Transportation Security Administration,'' and insert ``Coast
Guard (other than functions of the Coast Guard related to
homeland securty),''.
______

SA 4003. Mr. BINGAMAN submitted an amendment intended to be proposed
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid,
Mr. Frist, and Mr. daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

In section 101(b)(1), insert after ``Customs Service'' the
following:
``, and energy infrastructure''.
______

SA 4004. Mr. BINGAMAN submitted an amendment intended to be proposed
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid,
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

In section 101(b)(1), insert after ``Customs Service'' the
following:
``, and energy infrastructure''.
______

SA 4005. Mr. LEAHY (for himself and Mr. Cornyn) submitted an
amendment intended to be proposed to amendment SA 3981 proposed by Mr.
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the
resolution S. Res. 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on Intelligence; which was
ordered to lie on the table; as follows:

Section 101 is amended by striking subsection (d).
______

SA 4006. Mr. LEAHY (for himself and Mr. Cornyn) submitted an
amendment intended to be proposed to amendment SA 3981 proposed by Mr.
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the
resolution S. Res. 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on Intelligence; which was
ordered to lie on the table; as follows:

Section 101(b) is amended by striking paragraph (7).
______

SA 4007. Mr. LEAHY (for himself, Mr. Hatch, Mr. Sessions, Mr.
Specter, and Mr. Biden) submitted an amendment intended to be proposed
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid,
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

In section 101(b)(1), after ``administration,'' strike
``and'', and after ``Center,'' insert ``to the United States
Secret Service,''.
______

SA 4008. Mr. LEAHY submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

At the end of title I, insert the following:

SEC. 102. CLARIFICATION OF JURISDICTION.

Nothing in this resolution shall diminish the jurisdiction
of the Committee on the Judiciary over matters relating to
privacy and civil liberties.
______

SA 4009. Mr. LEAHY submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

In section 101(b)(1), after ``Service'' insert ``, the
Bureau of Customs and Border Protection, the Bureau of
Citizenship and Immigration Services, the Bureau of
Immigration and Customs Enforcement, and matters relating to
the immigration functions of the Directorate of Border and
Transportation Security''.
______

SA 4010. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

In section 201, at the end of subsection (g), add the
following:
``(d) Of the funds made available to the select Committee
for personnel--
``(1) not more than 55 percent shall be under the control
of the Chairman; and
``(2) not less than 45 percent shall be under the control
of the Vice Chairman.''.
______

SA 4011. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an
amendment intended to be proposed to amendment SA 3981 proposed by Mr.
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the
resolution S. Res. 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on Intelligence; which was
ordered to lie on the table; as follows:

In section 101(b), strike paragraph (10) and insert the
following:
(10) Matters relating to organization and management of
United States nuclear export policy shall be referred to the
Committee on Energy and Natural Resources.
______

SA 4012. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an
amendment intended to be proposed to amendment SA 3981 proposed by Mr.
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the
resolution S. Res. 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on Intelligence; which was
ordered to lie on the table; as follows:

Section 101(b) is amended by--
(1) striking paragraph (10); and
(2) adding at the end the following:
``Matters relating to organization and management of United
States nuclear export policy shall be referred to the
Committee on Energy and Natural Resources.''.
______

SA 4013. Mr. KYL submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

On page 7, line 4, strike ``, and shall have full'' and all
that follows through line 6, and insert the following: ``.
Personal designated representatives shall have the same
access to select Committee staff, information, records, and
databases as select Committee staff, as determined by the
Chairman and Vice Chairman.''.
______

SA 4014. Mrs. HUTCHISON submitted an amendment intended to be
proposed to amendment SA 3981 proposed by Mr. McConnell (for himself,
Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to
eliminate certain restrictions on service of a Senator on the Senate
Select Committee on Intelligence; which was ordered to lie on the
table; as follows:

In section 402, strike the second sentence.
______

SA 4015. Mrs. HUTCHISON submitted an amendment intended to be
proposed to amendment SA 3981 proposed by Mr. McConnell (for himself,
Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to
eliminate certain restrictions on service of a Senator on the Senate
Select Committee on Intelligence; which was ordered to lie on the
table; as follows:

In section 402, strike the second sentence and insert the
following: ``The Committee on Appropriations shall reorganize
into 13 subcommittees not later than 2 weeks after the
convening of the 109th Congress.''.
______

SA 4016. Mrs. HUTCHISON submitted an amendment intended to be
proposed to amendment SA 3981 proposed by Mr. McConnell (for himself,
Mr. Reid, Mr.

[[Page S10754]]

Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

In section 402, strike the second sentence and insert ``The
Subcommittee on the Legislative Branch shall be combined with
the Subcommittee on Commerce, Justice, State, and the
Judiciary into 1 subcommittee.''.
______

SA 4017. Mrs. HUTCHISON submitted an amendment intended to be
proposed to amendment SA 3981 proposed by Mr. McConnell (for himself,
Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to
eliminate certain restrictions on service of a Senator on the Senate
Select Committee on Intelligence; which was ordered to lie on the
table; as follows:

In section 402, strike the second sentence and insert ``The
Subcommittee on the Legislative Branch shall be combined with
the Subcommittee on VA, HUD, and Independent Agencies into 1
subcommittee.''.
______

SA 4018. Mr. ROBERTS submitted an amendment intended to be proposed
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid,
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; as follows:

In section 201, strike subsection (h) and insert the
following:
(h) Nominees.--S. Res. 400 is amended by adding at the end
the following:
``Sec. 17. (a) The select Committee shall have final
responsibility 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.''.
______

SA 4019. Mr. ROBERTS submitted an amendment intended to be proposed
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid,
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; as follows:

In section 201, strike subsection (g) insert the following:
(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
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.''.
______

SA 4020. Mr. ROBERTS submitted an amendment intended to be proposed
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid,
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

In section 201, add at the end the following:
(i) Elimination of Referral.--
(1) Referral.--Section 3 of S. Res. 400 is amended by--
(A) striking subsection (b); and
(B) redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(2) Effective date.--The amendments made by this subsection
shall take effect on the date of adoption of this resolution.
______

SA 4021. Mr. BIDEN (for himself and Mr. Lugar) submitted an amendment
intended to be proposed to amendment SA 3981 proposed by Mr. McConnell
(for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution
S. Res. 445, to eliminate certain restrictions on service of a Senator
on the Senate Select Committee on Intelligence; as follows:

On page 5, after line 3, insert the following:
``(C) The Chairman and Ranking Member of the Committee on
Foreign Relations (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.''.

SA 4022. Mr. LOTT submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

At the appropriate place insert the following:

SEC.   . JOINT REFERRAL.

(a) When the Senate receives from the House a bill making
an intelligence appropriation the bill then be jointly
referred to the Committee on Appropriations and the Select
Committee on Intelligence;
(b) If the Committee on Appropriations reports a bill
making an intelligence appropriation the bill then will be
jointly referred to the Committee on Appropriations and the
Select Committee on Intelligence;

SEC.   . POINT OF ORDER.

(a) In General.--It shall not be in order for the Senate to
proceed to the consideration of a bill making intelligence
appropriation unless it has been referred to the Committee on
Appropriations and the Select Committee on Intelligence;
(b) Supermajority Required for Waiver.--A point of order
under subsection (a) of this section may be waived only by a
motion to proceed which is agreed to by the affirmative vote
of three-fifths of the Senators duly chosen and sworn.

SEC.   . INTELLIGENCE APPROPRIATIONS.

Defined.--The term ``intelligence appropriation'' means an
appropriation to provide funds for foreign or domestic
intelligence operations, equipment, salaries, expenses, or
other intelligence-related activities of the United States.
______

SA 4023. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

At the end of title I, insert the following:

SEC. 102. CLARIFICATION OF JURISDICTION.

Nothing in this resolution shall be construed to grant the
Committee on Homeland Security and Governmental Affairs
primary jurisdiction over any federal governmental entity
whose primary responsibility is enforcement of Title 18,
including the Department of Justice, Federal bureau of
Investigation, or other criminal law enforcement entity
currently under the jurisdiction of the Committee on the
Judiciary unless otherwise modified by this resolution.
______

SA 4024. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

At the end of title I, insert the following:

SEC. 102. CLARIFICATION OF JURISDICTION.

Nothing in this resolution shall diminish the primary
jurisdiction of the Committee on the Judiciary over matters
relating to the administration of justice, including the
criminal law and law enforcement entities including the
Department of Justice and the Federal Bureau of
Investigation.
______

SA 4025. Mr. McCONNELL (for himself and Mr. Reid) submitted an
amendment intended to be proposed to amendment SA 3981 proposed by Mr.
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the
resolution S. Res. 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on Intelligence; which was
ordered to lie on the table; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

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.

[[Page S10755]]

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 the Coast Guard, the Transportation Security
Administration, the Federal Law Enforcement Training Center,
and the revenue functions of the Customs Service.
(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 Senate Committees.--The jurisdiction of
the Committee on Homeland Security and Governmental Affairs
provided in subsection (b)(1) shall supersede the
jurisdiction of any other committee of the Senate provided in
the rules of the Senate.

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) 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, and shall have full access to select
Committee staff, information, records, and databases.
``(c) The designated employee shall meet all the
requirements of relevant statutes, Senate rules, and
committee clearance requirements for employment by the select
Committee.''.
(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 voting on civilian
persons nominated by the President to fill a position within
the intelligence community that requires the advice and
consent of the Senate.
``(b) Other committees with jurisdiction over the nominees'
executive branch department may hold hearings and interviews
with that person.''.

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
Subcommittee on Military Construction shall be combined with
the Subcommittee on Defense into 1 subcommittee.
(b) Jurisdiction.--The Subcommittee on Intelligence of the
Committee on Appropriations shall have jurisdiction over
funding for intelligence matters.

TITLE V--EFFECTIVE DATE

SEC. 501. EFFECTIVE DATE.

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

SA 4026. Mr. NICKLES (for himself and Mr. Conrad) submitted an
amendment intended to be proposed to amendment SA 3981 proposed by Mr.
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the
resolution S. Res. 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on Intelligence; which was
ordered to lie on the table; as follows:

At the end of Section 101, insert the following:
``(e) Jurisdiction of Budget Committee.--Notwithstanding
paragraph (b)(3) of this section, the Committee on the Budget
shall have exclusive jurisdiction over measures affecting the
congressional budget process, including:
(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 of 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

[[Page S10756]]

the calculation of such amounts, including the definition of
terms provided by the Budget Act.
``(f) OMB Nominees.--The Committee on the Budget and the
Governmental Affairs Committee shall have joint jurisdiction
over reviewing, holding hearings, and voting on persons
nominated by the President to fill positions within the
Office of Management and Budget that require the advice and
consent of the Senate, and if one committee acts on such a
nomination, the other must act within 30 calendar days of
continuous possession, or be automatically discharged.
______

SA 4027. Mr. NICKLES (for himself and Mr. Conrad) submitted an
amendment intended to be proposed to amendment SA 3981 proposed by Mr.
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the
resolution S. Res. 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on Intelligence, which was
ordered to lie on the table; as follows:

At the end of Section 101, insert the following:
``(e) Jurisdiction of Budget Committee.--Notwithstanding
paragraph (b)(3) of this section, the Committee on the Budget
shall have exclusive jurisdiction over measures affecting the
congressional budget process, including:
(1) the functions, duties, and power of the Budget
Committee;
(2) the function, 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.''
______

SA 4028. Mr. NICKLES (for himself and Mr. Conrad) submitted an
amendment intended to be proposed to amendment SA 3981 proposed by Mr.
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the
resolution S. Res. 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on Intelligence; which was
ordered to lie on the table; as follows:

In Section 101(b), strike paragraph (3), and insert in its
place the following:
``(3) Management and accounting measures; and the Committee
on the Budget and the Governmental Affairs Committee shall
have joint jurisdiction over reviewing, holding hearings, and
voting on persons nominated by the President to fill
positions within the Office of Management and Budget that
require the advice and consent of the Senate, and if one
committee acts on such a nomination, the other must act
within 30 calendar days of continuous possession, or be
automatically discharged.''
______

SA 4029. Mr. NICKLES (for himself and Mr. Conrad) submitted an
amendment intended to be proposed to amendment SA 3981 proposed by Mr.
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the
resolution S. Res. 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on Intelligence; which was
ordered to lie on the table; as follows:

In Section 101(b), strike paragraph (3), and insert in its
place the following:
``(3) Management and accounting measures.''
______

SA 4030. Mr. ROCKEFELLER submitted an amendment intended to be
proposed to amendment SA 3981 proposed by Mr. McConnell (for himself,
Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to
eliminate certain restrictions on service of a Senator on the Senate
Select Committee on Intelligence; as follows:

At the end of section 201, insert the following:
(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 legislative involving matters specified
in paragraph (1) or (4)(A) of subsection (a), containing any
legislative actions or budgetary provisions directly
affecting any agencies, departments, activities, or programs
of the United States Government 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 legislative involving matters specified in clause (i) or
paragraph (4)(A) of subsection (a), containing any
legislative actions or budgetary provisions directly
affecting any agencies, departments, activities, or programs
of the United States Government 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.
``(3) In computing any 10-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.''.
______

SA 4031. Mr. ROCKEFELLER (for himself and Mr. Biden) submitted an
amendment intended to be proposed to amendment SA 3981 proposed by Mr.
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the
resolution S. Res. 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on Intelligence; which was
ordered to lie on the table; as follows:

On page 6, line 11, of the amendment, strike ``quarterly''
and insert ``annual''.
______

SA 4032. Mr. REID submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

In section 201, strike subsection (a) and insert the
following:
(a) Ex Officio Membership.--Section 2(a)(3) of Senate
Resolution 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 and the Committee on Foreign Relations (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
select Committee and shall not be counted for purposes of
determining a quorum.''.
______

SA 4033. Mr. GREGG submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

Strike section 101(b)(1) of the resolution and insert the
following:
(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,
the revenue functions of the Customs Service,
(B) the Strategic National Stockpile as authorized by
section 319F-2 of the Public Health Service Act,
(C) the National Disaster Medical System as authorized by
section 2811(b) of the Public Health Service Act, and

[[Page S10757]]

(D) the office of the Assistant Secretary for Public Health
Emergency Preparedness (ASPHEP) as authorized by section
2811(a) of the Public Health Service Act.
______

SA 4034. Ms. COLLINS submitted an amendment intended to be proposed
to amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid,
Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

In section 101(b), strike paragraph (1) and insert the
following:
(1) Department of Homeland Security, except matters
relating to the functions of the Coast Guard not related to
homeland security, the Federal Law Enforcement Training
Center, and the revenue functions of the Customs Service.
______

SA 4035. Mr. FRIST submitted an amendment intended to be proposed to
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

At the end of section 201, insert the following:
(i) Security Procedures.--Section 7 of S. Res. 400 is
amended to read as follows:
``Sec. 7. (a) At the beginning of each Congress, the select
Committee also 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. The rules
and procedures of the select Committee shall be formulated
jointly with the Office of Senate Security and shall be
subject to the approval of that office.
``(b) The select Committee shall inform the Office of
Senate Security not later than 30 days prior to making any
changes to the rules and procedures of the select Committee,
which shall be contingent upon the approval of the Office of
Senate Security.
``(c) Nothing in this section 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.''.
(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 Majority Leader
of the Senate of such vote; and
``(B) second, notify 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 of the Senate or select committee of his
objections to the disclosure of such information as provided
in paragraph (2), such the majority leader of th committee
may, refer to the question of the disclosure of such
information to the Senate for consideration. The committee
shall not publicly disclose such information without leave of
the Senate.'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f) and inserting after subsection (c) the following:
``(d) Any known or possible loss or compromise of
classified material which comes to the attention of the
Select Committee or its personnel shall be immediately
reported to the Office of Senate Security. The Office of
Senate Security shall investigate the reported incident in
accordance with the procedures set forth in the Senate
Security Manual, and shall report the results of said
investigation to the Committee and to the Joint
Leadership.'';
(3) in subsection (e), as redesignated by paragraph (2)
(old (d)), by striking ``Senate Select Committee on Ethics''
and inserting ``Office of Senate Security''; and
(4) in subsection (f), as redesignated by paragraph (2)
(old (e)), is amended to read as follows:
``(f) Upon the request of any person who is subject to any
such investigation, the Office of Senate Security 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
Office of Senate Security determines that there has been a
breach of confidentiality or unauthorized disclosure by a
Member, officer, or employee of the Senate, it shall report
its findings to the majority leader and minority leader of
the Senate.''.
______

SA 4036. Mr. DURBIN proposed an amendment to amendment SA 3981
proposed by Mr. McConnell (for himself, Mr. Reid, Mr. Frist, and Mr.
Daschle) to the resolution S. Res. 445, to eliminate certain
restrictions on service of a Senator on the Senate Select Committee on
Intelligence; as follows:

In section 201, at the end of subsection (g), add the
following:
``(d) Of the funds made available to the select Committee
for personnel--
``(1) not more than 55 percent shall be under the control
of the Chairman; and
``(2) not less than 45 percent shall be under the control
of the Vice Chairman.''.
______

SA 4037. Mr. HATCH (for Mr. Leahy (for himself, Mr. Specter, and Mr.
Hatch)) proposed an amendment to amendment SA 3981 proposed by Mr.
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the
resolution S. Res. 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on Intelligence; as follows:

In section 101(b)(1), after ``Service'' insert ``, and the
Secret Service''.
______

SA 4038. Mr. McCONNELL (for Mr. Shelby (for himself and Mr.
Sarbanes)) proposed an amendment to the resolution S. Res. 445, to
eliminate certain restrictions on service of a Senator on the Senate
Select Committee on Intelligence; as follows:

At the appropriate place, insert the following:
``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.''.
______

SA 4039. Mr. SHELBY (for himself and Mr. Sarbanes) submitted an
amendment intended to be proposed by him to the resolution S. Res. 445,
to eliminate certain restrictions on service of a Senator on the Senate
Select Committee on Intelligence; which was ordered to lie on the
table; as follows:

At the appropriate place insert the following: ``Provided,
That the jurisdiction provided under section 101(b)(1) shall
not include the Currency and Financial Transaction Reporting
Act.
______

SA 4040. Mr. BINGAMAN (for Mr. Domenici (for himself and Mr.
Bingaman)) proposed an amendment to amendment SA 3981 proposed by Mr.
McConnell (for himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the
resolution S. Res. 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on Intelligence; as follows:

Section 101(b) is amended by--
(1) striking paragraph (10); and
(2) adding at the end the following:
``Matters relating to organization and management of United
States nuclear export policy (except programs in the Homeland
Security) shall be referred to the Committee on Energy and
Natural Resources.''.
______

SA 4041. Mr. NICKLES (for himself and Mr. Conrad) submitted an
amendment intended to be proposed to amendment SA 4027 submitted by Mr.
Nickles (for himself and Mr. Conrad) and intended to be proposed to the
amendment SA 3981 proposed by Mr. McConnell (for himself, Mr. Reid, Mr.
Frist, and Mr. Daschle) to the resolution S. Res. 445, to eliminate
certain restrictions on service of a Senator on the Senate Select
Committee on Intelligence; which was ordered to lie on the table; as
follows:

Strike all after the first word, and insert the following:
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;

[[Page S10758]]

(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 our excluded from the
congressional budget or the calculation of such amounts,
including the definition of terms provided by the Budget Act.
(f) OMB Nominees.--the Committee on the Budget and the
Governmental Affairs Committee 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.
______

SA 4042. Mrs. HUTCHISON submitted an amendment intended to be
proposed to amendment SA 4015 submitted by Mrs. Hutchison and intended
to be proposed to the amendment SA 3981 proposed by Mr. McConnell (for
himself, Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution S.
Res. 445, to eliminate certain restrictions on service of a Senator on
the Senate Select Committee on Intelligence; which was ordered to lie
on the table; as follows:

Strike ``not later than 2 weeks'' and insert ``as soon as
possible''.

____________________