[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 445 Agreed to Senate (ATS)]
2d Session
S. RES. 445
To eliminate certain restrictions on service of a Senator on the Senate
Select Committee on Intelligence.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 1, 2004
Mr. Lott submitted the following resolution; which was referred to the
Committee on Rules and Administration
October 5, 2004
Reported by Mr. Lott, without amendment
October 9, 2004
Considered, amended, and agreed to
_______________________________________________________________________
RESOLUTION
To eliminate certain restrictions on service of a Senator on the Senate
Select Committee on Intelligence.
Resolved,
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.
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--
(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.
(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--
(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.
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) 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.
``(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.''.
(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 was 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 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.''.
(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 the select Committee, by majority vote, may refer the
question of the disclosure of such information to the Senate for
consideration.''.
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 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.
TITLE V--EFFECTIVE DATE
SEC. 501. EFFECTIVE DATE.
This resolution shall take effect on the convening of the 109th Congress.
Attest:
Secretary.