[Senate Prints 109-22]
[From the U.S. Government Printing Office]
109th Congress S. Prt.
COMMITTEE PRINT
1st Session 109-22
_______________________________________________________________________
RULES OF PROCEDURE
for the
SELECT COMMITTEE ON INTELLIGENCE
UNITED STATES SENATE
(Adopted June 23, 1976)
(Amended October 24, 1990)
(Amended February 25, 1993)
(Amended February 22, 1995)
(Amended January 26, 2005)
(Amended March 15, 2005)
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SELECT COMMITTEE ON INTELLIGENCE
PAT ROBERTS, Kansas, Chairman
JOHN D. ROCKEFELLER IV, West Virginia, Vice Chairman
ORRIN G. HATCH, Utah CARL LEVIN, Michigan
MIKE DeWINE, Ohio DIANNE FEINSTEIN, California
CHRISTOPER S. BOND, Missouri RON WYDEN, Oregon
TRENT LOTT, Mississippi EVAN BAYH, Indiana
OLYMPIA J. SNOWE, Maine BARBARA A. MIKULSKI, Maryland
CHUCK HAGEL, Nebraska JON S. CORZINE, New Jersey
SAXBY CHAMBLISS, Georgia
BILL FRIST, Tennessee, ex officio
HARRY REID, Nevada, ex officio
JOHN W. WARNER, Virginia, ex officio
Bill Duhnke, Staff Director and Chief Counsel
Andrew W. Johnson, Minority Staff Director
Kathleen P. McGhee, Chief Clerk
C O N T E N T S
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Page
Rule 1. Convening of Meetings.................................... 1
Rule 2. Meeting procedures....................................... 2
Rule 3. Subcommittees............................................ 2
Rule 4. Reporting of measures or recommendations................. 2
Rule 5. Nominations.............................................. 3
Rule 6. Investigations........................................... 3
Rule 7. Subpoenas................................................ 3
Rule 8. Procedures related to the taking of testimony............ 3
Rule 9. Procedures for handling classified or sensitive material. 5
Rule 10. Staff................................................... 7
Rule 11. Preparation for Committee Meetings...................... 8
Rule 12. Legislative Calendar.................................... 9
Rule 13. Committee travel........................................ 9
Rule 14. Changes in rules........................................ 9
Appendix A--Senate Resolution 400, 94th Congress, 2d session..... 11
Appendix B--Senate Resolution 9, 94th Congress, 1st session...... 18
Appendix C--Senate Resolution 445, 108th Congress, 2nd session... 19
Rules of Procedure
for the
Select Committee on Intelligence United States Senate
(Adopted June 23, 1976)
(Amended June 26, 1987)
(Amended October 24, 1990)
(Amended February 25, 1993)
(Amended February 22, 1995)
(Amended January 26, 2005)
(Amended March 15, 2005)
Rule 1. Convening of Meetings
1.1 The regular meeting day of the Select Committee on
Intelligence for the transaction of Committee business shall be
every other Wednesday of each month, unless otherwise directed
by the Chairman.
1.2 The Chairman shall have authority, upon notice, to
call such additional meetings of the Committee as he may deem
necessary and may delegate such authority to any other member
of the Committee.
1.3 A special meeting of the Committee may be called at
any time upon the written request of five or more members of
the Committee filed with the Clerk of the Committee.
1.4 In the case of any meeting of the Committee, other
than a regularly scheduled meeting, the Clerk of the Committee
shall notify every member of the Committee of the time and
place of the meeting and shall give reasonable notice which,
except in extraordinary circumstances, shall be at least 24
hours in advance of any meeting held in Washington, D.C. and at
least 48 hours in the case of any meeting held outside
Washington, D.C.
1.5 If five members of the Committee have made a request
in writing to the Chairman to call a meeting of the Committee,
and the Chairman fails to call such a meeting within seven
calendar days thereafter, including the day on which the
written notice is submitted, these members may call a meeting
by filing a written notice with the Clerk of the Committee who
shall promptly notify each member of the Committee in writing
of the date and time of the meeting.
Rule 2. Meeting Procedures
2.1 Meetings of the Committee shall be open to the public
except as provided in S. Res. 9, 94th Congress, 1st Session.
2.2 It shall be the duty of the Staff Director to keep or
cause to be kept a record of all Committee proceedings.
2.3 The Chairman of the Committee, or if the Chairman is
not present the Vice Chairman, shall preside over all meetings
of the Committee. In the absence of the Chairman and the Vice
Chairman at any meeting, the ranking majority member, or if no
majority member is present the ranking minority member present,
shall preside.
2.4 Except as otherwise provided in these Rules, decisions
of the Committee shall be by majority vote of the members
present and voting. A quorum for the transaction of Committee
business, including the conduct of executive sessions, shall
consist of no less than one-third of the Committee members,
except that for the purpose of hearing witnesses, taking sworn
testimony, and receiving evidence under oath, a quorum may
consist of one Senator.
2.5 A vote by any member of the Committee with respect to
any measure or matter being considered by the Committee may be
cast by proxy if the proxy authorization: (1) is in writing;
(2) designates the member of the Committee who is to exercise
the proxy; and (3) is limited to a specific measure or matter
and any amendments pertaining thereto. Proxies shall not be
considered for the establishment of a quorum.
2.6 Whenever the Committee by roll call vote reports any
measure or matter, the report of the Committee upon such
measure or matter shall include a tabulation of the votes cast
in favor of and the votes cast in opposition to such measure or
matter by each member of the Committee.
Rule 3. Subcommittees
Creation of subcommittees shall be by majority vote of the
Committee. Subcommittees shall deal with such legislation and
oversight of programs and policies as the Committee may direct.
The subcommittees shall be governed by the Rules of the
Committee and by such other rules they may adopt which are
consistent with the Rules of the Committee. Each subcommittee
created shall have a chairman and a vice chairman who are
selected by the Chairman and Vice Chairman, respectively.
Rule 4. Reporting of Measures or Recommendations
4.1 No measures or recommendations shall be reported,
favorably or unfavorably, from the Committee unless a majority
of the Committee is actually present and a majority concur.
4.2 In any case in which the Committee is unable to reach
a unanimous decision, separate views or reports may be
presented by any member or members of the Committee.
4.3 A member of the Committee who gives notice of his
intention to file supplemental, minority, or additional views
at the time of final Committee approval of a measure or matter,
shall be entitled to not less than three working days in which
to file such views, in writing with the Clerk of the Committee.
Such views shall then be included in the Committee report and
printed in the same volume, as a part thereof, and their
inclusion shall be noted on the cover of the report.
4.4 Routine, non-legislative actions required of the
Committee may be taken in accordance with procedures that have
been approved by the Committee pursuant to these Committee
Rules.
Rule 5. Nominations
5.1 Unless otherwise ordered by the Committee, nominations
referred to the Committee shall be held for at least 14 days
before being voted on by the Committee.
5.2 Each member of the Committee shall be promptly
furnished a copy of all nominations referred to the Committee.
5.3 Nominees who are invited to appear before the
Committee shall be heard in public session, except as provided
in Rule 2.1.
5.4 No confirmation hearing shall be held sooner than
seven days after receipt of the background and financial
disclosure statement unless the time limit is waived by a
majority vote of the Committee.
5.5 The Committee vote on the confirmation shall not be
sooner than 48 hours after the Committee has received
transcripts of the confirmation hearing unless the time limit
is waived by unanimous consent of the Committee.
5.6 No nomination shall be reported to the Senate unless
the nominee has filed a background and financial disclosure
statement with the Committee.
Rule 6. Investigations
No investigation shall be initiated by the Committee unless
at least five members of the Committee have specifically
requested the Chairman or the Vice Chairman to authorize such
an investigation. Authorized investigations may be conducted by
members of the Committee and/or designated Committee staff
members.
Rule 7. Subpoenas
Subpoenas authorized by the Committee for the attendance of
witnesses or the production of memoranda, documents, records or
any other material may be issued by the Chairman, the Vice
Chairman, or any member of the Committee designated by the
Chairman, and may be served by any person designated by the
Chairman, Vice Chairman or member issuing the subpoenas. Each
subpoena shall have attached thereto a copy of S. Res. 400,
94th Congress, 2nd Session and a copy of these Rules.
Rule 8. Procedures Related to the Taking of Testimony
8.1 Notice.--Witnesses required to appear before the
Committee shall be given reasonable notice, and all witnesses
shall be furnished a copy of these Rules.
8.2 Oath or Affirmation.--Testimony of witnesses shall be
given under oath or affirmation which may be administered by
any member of the Committee.
8.3 Interrogation.--Committee interrogation shall be
conducted by members of the Committee and such Committee staff
as are authorized by the Chairman, the Vice Chairman, or the
presiding member.
8.4 Counsel for the Witness.--(a) Any witness may be
accompanied by counsel. A witness who is unable to obtain
counsel may inform the Committee of such fact. If the witness
informs the Committee of this fact at least 24 hours prior to
his or her appearance before the Committee, the Committee shall
then endeavor to obtain voluntary counsel for the witness.
Failure to obtain such counsel will not excuse the witness from
appearing and testifying.
(b) Counsel shall conduct themselves in an ethical and
professional manner. Failure to do so shall, upon a finding to
that effect by a majority of the members present, subject such
counsel to disciplinary action which may include warning,
censure, removal, or a recommendation of contempt proceedings.
(c) There shall be no direct or cross-examination by
counsel. However, counsel may submit in writing any question he
wishes propounded to his client or to any other witness and
may, at the conclusion of his client's testimony, suggest the
presentation of other evidence or the calling of other
witnesses. The Committee may use such questions and dispose of
such suggestions as it deems appropriate.
8.5 Statements by Witnesses.--A witness may make a
statement, which shall be brief and relevant, at the beginning
and conclusion of his or her testimony. Such statements shall
not exceed a reasonable period of time as determined by the
Chairman, or other presiding members. Any witness desiring to
make a prepared or written statement for the record of the
proceedings shall file a copy with the Clerk of the Committee,
and insofar as practicable and consistent with the notice
given, shall do so at least 72 hours in advance of his or her
appearance before the Committee.
8.6 Objections and Rulings.--Any objection raised by a
witness or counsel shall be ruled upon by the Chairman or other
presiding member, and such ruling shall be the ruling of the
Committee unless a majority of the Committee present overrules
the ruling of the Chair.
8.7 Inspection and Correction.--All witnesses testifying
before the Committee shall be given a reasonable opportunity to
inspect, in the office of the Committee, the transcript of
their testimony to determine whether such testimony was
correctly transcribed. The witness may be accompanied by
counsel. Any corrections the witness desires to make in the
transcript shall be submitted in writing to the Committee
within five days from the date when the transcript was made
available to the witness. Corrections shall be limited to
grammar and minor editing, and may not be made to change the
substance of the testimony. Any questions arising with respect
to such corrections shall be decided by the Chairman. Upon
request, those parts of testimony given by a witness in
executive session which are subsequently quoted or made part of
a public record shall be made available to that witness at his
or her expense.
8.8 Requests To Testify.--The Committee will consider
requests to testify on any matter or measure pending before the
Committee. A person who believes that testimony or other
evidence presented at a public hearing, or any comment made by
a Committee member or a member of the Committee staff, may tend
to affect adversely his or her reputation, may request to
appear personally before the Committee to testify on his or her
own behalf, or may file a sworn statement of facts relevant to
the testimony, evidence, or comment, or may submit to the
Chairman proposed questions in writing for the cross-
examination of other witnesses. The Committee shall take such
action as it deems appropriate.
8.9 Contempt Procedures.--No recommendation that a person
be cited for contempt of Congress shall be forwarded to the
Senate unless and until the Committee has, upon notice to all
its members, met and considered the alleged contempt, afforded
the person an opportunity to state in writing or in person why
he or she should not be held in contempt, and agreed, by
majority vote of the Committee, to forward such recommendation
to the Senate.
8.10 Release of Name of Witness.--Unless authorized by the
Chairman, the name of any witness scheduled to be heard by the
Committee shall not be released prior to, or after, his or her
appearance before the Committee. Upon authorization by the
Chairman to release the name of a witness under this paragraph,
the Vice Chairman shall be notified of such authorization as
soon as practicable thereafter. No name of any witness shall be
released if such release would disclose classified information,
unless authorized under Section 8 of S. Res. 400 of the 94th
Congress or Rule 9.6.
Rule 9. Procedures for Handling Classified or Sensitive Material
9.1 Committee staff offices shall operate under strict
precautions. At least one security guard shall be on duty at
all times by the entrance to control entry. Before entering the
office all persons shall identify themselves.
9.2 Sensitive or classified documents and material shall
be segregated in a secure storage area. They may be examined
only at secure reading facilities. Copying, duplicating, or
removal from the Committee offices of such documents and other
materials is prohibited except as is necessary for use in, or
preparation for, interviews or Committee meetings, including
the taking of testimony, and in conformity with Section 10.3
hereof. All documents or materials removed from the Committee
offices for such authorized purposes must be returned to the
Committee's secure storage area for overnight storage.
9.3 Each member of the Committee shall at all times have
access to all papers and other material received from any
source. The Staff Director shall be responsible for the
maintenance, under appropriate security procedures, of a
registry which will number and identify all classified papers
and other classified materials in the possession of the
Committee, and such registry shall be available to any member
of the Committee.
9.4 Whenever the Select Committee on Intelligence makes
classified material available to any other Committee of the
Senate or to any Member of the Senate not a member of the
Committee, such material shall be accompanied by a verbal or
written notice to the recipients advising of their
responsibility to protect such material pursuant to Section 8
of S. Res. 400 of the 94th Congress. The Clerk of the Committee
shall ensure that such notice is provided and shall maintain a
written record identifying the particular information
transmitted and the Committee or members of the Senate
receiving such information.
9.5 Access to classified information supplied to the
Committee shall be limited to those Committee staff members
with appropriate security clearance and a need-to-know, as
determined by the Committee, and, under the Committee's
direction, the Staff Director and Minority Staff Director.
9.6 No member of the Committee or of the Committee staff
shall disclose, in whole or in part or by way of summary, to
any person not a member of the Committee or the Committee staff
for any purpose or in connection with any proceeding, judicial
or otherwise, any testimony given before the Committee in
executive session including the name of any witness who
appeared or was called to appear before the Committee in
executive session, or the contents of any papers or materials
or other information received by the Committee except as
authorized herein, or otherwise as authorized by the Committee
in accordance with Section 8 of S. Res. 400 of the 94th
Congress and the provisions of these rules, or in the event of
the termination of the Committee, in such a manner as may be
determined by the Senate. For purposes of this paragraph,
members and staff of the Committee may disclose classified
information in the possession of the Committee only to persons
with appropriate security clearances who have a need-to-know
such information for an official governmental purpose related
to the work of the Committee. Information discussed in
executive sessions of the Committee and information contained
in papers and materials which are not classified but which are
controlled by the Committee may be disclosed only to persons
outside the Committee who have a need-to-know such information
for an official governmental purpose related to the work of the
Committee and only if such disclosure has been authorized by
the Chairman and Vice Chairman of the Committee, or by the
Staff Director and Minority Staff Director, acting on their
behalf.
9.7 Failure to abide by Rule 9.6 shall constitute grounds
for referral to the Select Committee on Ethics pursuant to
Section 8 of S. Res. 400. Prior to a referral to the Select
Committee on Ethics pursuant to Section 8 of S. Res. 400, the
Chairman and Vice Chairman shall notify the Majority Leader and
Minority Leader.
9.8 Before the Committee makes any decision regarding the
disposition of any testimony, papers, or other materials
presented to it, the Committee members shall have a reasonable
opportunity to examine all pertinent testimony, papers, and
other materials that have been obtained by the members of the
Committee or the Committee staff.
9.9 Attendance of persons outside the Committee at closed
meetings of the Committee shall be kept at a minimum and shall
be limited to persons with appropriate security clearance and a
need-to-know the information under consideration for the
execution of their official duties. Notes taken at such
meetings by any person in attendance shall be returned to the
secure storage area in the Committee's offices at the
conclusion of such meetings, and may be made available to the
department, agency, office, Committee or entity concerned only
in accordance with the security procedures of the Committee.
Rule 10. Staff
10.1 For purposes of these rules, Committee staff includes
employees of the Committee, consultants to the Committee, or
any other person engaged by contract or otherwise to perform
services for or at the request of the Committee. To the maximum
extent practicable, the Committee shall rely on its full-time
employees to perform all staff functions. No individual may be
retained as staff of the Committee or to perform services for
the Committee unless that individual holds appropriate security
clearances.
10.2 The appointment of Committee staff shall be confirmed
by a majority vote of the Committee. After confirmation, the
Chairman shall certify Committee staff appointments to the
Financial Clerk of the Senate in writing. No Committee staff
shall be given access to any classified information or regular
access to the Committee offices, until such Committee staff has
received an appropriate security clearance as described in
Section 6 of S. Res. 400 of the 94th Congress.
10.3 The Committee staff works for the Committee as a
whole, under the supervision of the Chairman and Vice Chairman
of the Committee. The duties of Committee staff shall be
performed, and Committee staff personnel affairs and day- to-
day operations, including security and control of classified
documents and materials, shall be administered under the direct
supervision and control of the Staff Director. All Committee
staff shall work exclusively on intelligence oversight issues
for the Committee. The Minority Staff Director and the Minority
Counsel shall be kept fully informed regarding all matters and
shall have access to all material in the files of the
Committee.
10.4 The Committee staff shall assist the minority as
fully as the majority in the expression of minority views,
including assistance in the preparation and filing of
additional, separate and minority views, to the end that all
points of view may be fully considered by the Committee and the
Senate.
10.5 The members of the Committee staff shall not discuss
either the substance or procedure of the work of the Committee
with any person not a member of the Committee or the Committee
staff for any purpose or in connection with any proceeding,
judicial or otherwise, either during their tenure as a member
of the Committee staff or at any time thereafter except as
directed by the Committee in accordance with Section 8 of S.
Res. 400 of the 94th Congress and the provisions of these
rules, or in the event of the termination of the Committee, in
such a manner as may be determined by the Senate.
10.6 No member of the Committee staff shall be employed by
the Committee unless and until such a member of the Committee
staff agrees in writing, as a condition of employment to abide
by the conditions of the non-disclosure agreement promulgated
by the Senate Select Committee on Intelligence, pursuant to
Section 6 of S. Res 400 of the 94th Congress, 2d Session, and
to abide by the Committee's code of conduct.
10.7 No member of the Committee staff shall be employed by
the Committee unless and until such a member of the Committee
staff agrees in writing, as a condition of employment, to
notify the Committee, or in the event of the Committee's
termination the Senate, of any request for his or her
testimony, either during his or her tenure as a member of the
Committee staff or at any time thereafter with respect to
information which came into his or her possession by virtue of
his or her position as a member of the Committee staff. Such
information shall not be disclosed in response to such requests
except as directed by the Committee in accordance with Section
8 of S. Res. 400 of the 94th Congress and the provisions of
these rules, or in the event of the termination of the
Committee, in such manner as may be determined by the Senate.
10.8 The Committee shall immediately consider action to be
taken in the case of any member of the Committee staff who
fails to conform to any of these Rules. Such disciplinary
action may include, but shall not be limited to, immediate
dismissal from the Committee staff.
10.9 Within the Committee staff shall be an element with
the capability to perform audits of programs and activities
undertaken by departments and agencies with intelligence
functions. Such element shall be comprised of persons qualified
by training and/or experience to carry out such functions in
accordance with accepted auditing standards.
10.10 The workplace of the Committee shall be free from
illegal use, possession, sale or distribution of controlled
substances by its employees. Any violation of such policy by
any member of the Committee staff shall be grounds for
termination of employment. Further, any illegal use of
controlled substances by a member of the Committee staff,
within the workplace or otherwise, shall result in
reconsideration of the security clearance of any such staff
member and may constitute grounds for termination of employment
with the Committee.
10.11 In accordance with Title III of the Civil Rights Act
of 1991 (P.L. 102-166), all personnel actions affecting the
staff of the Committee shall be made free from any
discrimination based on race, color, religion, sex, national
origin, age, handicap or disability.
Rule 11. Preparation for Committee Meetings
11.1 Under direction of the Chairman and the Vice
Chairman, designated Committee staff members shall brief
members of the Committee at a time sufficiently prior to any
Committee meeting to assist the Committee members in
preparation for such meeting and to determine any matter which
the Committee member might wish considered during the meeting.
Such briefing shall, at the request of a member, include a list
of all pertinent papers and other materials that have been
obtained by the Committee that bear on matters to be considered
at the meeting.
11.2 The Staff Director shall recommend to the Chairman
and the Vice Chairman the testimony, papers, and other
materials to be presented to the Committee at any meeting. The
determination whether such testimony, papers, and other
materials shall be presented in open or executive session shall
be made pursuant to the Rules of the Senate and Rules of the
Committee.
11.3 The Staff Director shall ensure that covert action
programs of the U.S. Government receive appropriate
consideration by the Committee no less frequently than once a
quarter.
Rule 12. Legislative Calendar
12.1 The Clerk of the Committee shall maintain a printed
calendar for the information of each Committee member showing
the measures introduced and referred to the Committee and the
status of such measures; nominations referred to the Committee
and their status; and such other matters as the Committee
determines shall be included. The Calendar shall be revised
from time to time to show pertinent changes. A copy of each
such revision shall be furnished to each member of the
Committee.
12.2 Unless otherwise ordered, measures referred to the
Committee shall be referred by the Clerk of the Committee to
the appropriate department or agency of the Government for
reports thereon.
Rule 13. Committee Travel
13.1 No member of the Committee or Committee staff shall
travel abroad on Committee business unless specifically
authorized by the Chairman and Vice Chairman. Requests for
authorization of such travel shall state the purpose and extent
of the trip. A full report shall be filed with the Committee
when travel is completed.
13.2 When the Chairman and the Vice Chairman approve the
foreign travel of a member of the Committee staff not
accompanying a member of the Committee, all members of the
Committee are to be advised, prior to the commencement of such
travel, of its extent, nature and purpose. The report referred
to in Rule 13.1 shall be furnished to all members of the
Committee and shall not be otherwise disseminated without the
express authorization of the Committee pursuant to the Rules of
the Committee.
13.3 No member of the Committee staff shall travel within
this country on Committee business unless specifically
authorized by the Staff Director as directed by the Committee.
Rule 14. Changes in Rules
These Rules may be modified, amended, or repealed by the
Committee, provided that a notice in writing of the proposed
change has been given to each member at least 48 hours prior to
the meeting at which action thereon is to be taken.
APPENDIX A\1\
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\1\ Text shown is as amended by S. Res. 445, 108th Cong., 2d Sess.
(Oct. 9, 2004) (Appendix C).
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94th Congress, 2d Session
S. RES. 400
[Report No. 94-675]
[Report No. 94-770]
IN THE SENATE OF THE UNITED STATES
March 1, 1976
Mr. Mansfield (for Mr. Ribicoff) (for himself, Mr. Church, Mr. Percy,
Mr. Baker, Mr. Brock, Mr. Chiles, Mr. Glenn, Mr. Huddleston, Mr.
Jackson, Mr. Javits, Mr. Mathias, Mr. Metcalf, Mr. Mondale, Mr. Morgan,
Mr. Muskie, Mr. Nunn, Mr. Roth, Mr. Schweiker, and Mr. Weicker)
submitted the following resolution; which was referred to the Committee
on Government Operations.
May 19, 1976
Considered, amended, and agreed to
RESOLUTION
To establish a Standing Committee of the Senate on Intelligence, and
for other purposes.
Resolved, That it is the purpose of this resolution to establish a
new select committee of the Senate, to be known as the Select Committee
on Intelligence, to oversee and make continuing studies of the
intelligence activities and programs of the United States Government,
and to submit to the Senate appropriate proposals for legislation and
report to the Senate concerning such intelligence activities and
programs. In carrying out this purpose, the Select Committee on
Intelligence shall make every effort to assure that the appropriate
departments and agencies of the United States provide informed and
timely intelligence necessary for the Executive and Legislative
branches to make sound decisions affecting the security and vital
interests of the Nation. It is further the purpose of this resolution
to provide vigilant legislative oversight over the intelligence
activities of the United States to assure that such activities are in
conformity with the Constitution and laws of the United States.
Sec. 2. (a)(1) There is hereby established a select committee to be
known as the Select Committee on Intelligence (hereinafter in this
resolution referred to as the ``select committee''). The select
committee shall be composed of not to exceed fifteen members appointed
as follows:
(A) two members from the Committee on Appropriations;
(B) two members from the Committee on Armed Services;
(C) two members from the Committee on Foreign Relations;
(D) two members from the Committee on the Judiciary; and
(E) not to exceed seven members to be appointed from the
Senate at large.
(2) Members appointed from each committee named in clauses (A)
through (D) of paragraph (1) shall be evenly divided between the two
major political parties and shall be appointed by the President pro
tempore of the Senate upon the recommendations of the majority and
minority leaders of the Senate. 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.
(3)(A) The majority leader of the Senate and the minority leader of
the Senate 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) 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) 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. The vice
chairman shall act in the place and stead of the chairman in the
absence of the chairman. Neither the chairman nor the vice chairman of
the select committee shall at the same time serve as chairman or
ranking minority member of any other Committee referred to in paragraph
4(e)(1) of rule XXV of the Standing Rules of the Senate.
(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 the Vice Chairman of the select Committee,
respectively.
Sec. 3. (a) There shall be referred to the select committee all
proposed legislation, messages, petitions, memorials, and other matters
relating to the following:
(1) The Central Intelligence Agency and the Director of
Central Intelligence.
(2) Intelligence activities of all other departments and
agencies of the Government, including, but not limited to, the
intelligence activities of the Defense Intelligence Agency, the
National Security 1Agency, and other agencies of the Department
of Defense; the Department of State; the Department of Justice;
and the Department of the Treasury.
(3) The organization or reorganization of any department or
agency of the Government to the extent that the organization or
reorganization relates to a function or activity involving
intelligence activities.
(4) Authorizations for appropriations, both direct and
indirect, for the following:
(A) The Central Intelligence Agency and Director of
Central Intelligence.
(B) The Defense Intelligence Agency.
(C) The National Security Agency.
(D) The intelligence activities of other agencies and
subdivisions of the Department of Defense.
(E) The intelligence activities of the Department of
State.
(F) The intelligence activities of the Federal Bureau
of Investigation, including all activities of the
Intelligence Division.
(G) Any department, agency, or subdivision which is
the successor to any agency named in clause (A), (B),
or (C); and the activities of any department, agency,
or subdivision which is the successor to any
department, agency, bureau, or subdivision named in
clause (D), (E), or (F) to the extent that the
activities of such successor department, agency, or
subdivision are activities described in clause (D),
(E), or (F).
(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\2\ session.
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\2\ So in original.
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(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.
(c) Nothing in this resolution shall be construed as prohibiting or
otherwise restricting the authority of any other committee to study and
review any intelligence activity to the extent that such activity
directly affects a matter otherwise within the jurisdiction of such
committee.
(d) Nothing in this resolution shall be construed as amending,
limiting, or otherwise changing the authority of any standing committee
of the Senate to obtain full and prompt access to the product of the
intelligence activities of any department or agency of the Government
relevant to a matter otherwise within the jurisdiction of such
committee.
Sec. 4. (a) The select committee, for the purposes of
accountability to the Senate, shall make regular and periodic, but not
less than quarterly, reports to the Senate on the nature and extent of
the intelligence activities of the various departments and agencies of
the United States. Such committee shall promptly call to the attention
of the Senate or to any other appropriate committee or committees of
the Senate any matters, requiring the attention of the Senate or such
other committee or committees. In making such report, the select
committee shall proceed in a manner consistent with section 8(c)(2) to
protect national security.
(b) The select committee shall obtain an annual report from the
Director of the Central Intelligence Agency, the Secretary of Defense,
the Secretary of State, and the Director of the Federal Bureau of
Investigation. Such reports shall review the intelligence activities of
the agency or department concerned and the intelligence activities of
foreign countries directed at the United States or its interest. An
unclassified version of each report may be made available to the public
at the discretion of the select committee. Nothing herein shall be
construed as requiring the public disclosure in such reports of the
names of individuals engaged in intelligence activities for the United
States or the divulging of intelligence methods employed or the sources
of information on which such reports are based or the amount of funds
authorized to be appropriated for intelligence activities.
(c) On or before March 15 of each year, the select committee shall
submit to the Committee on the Budget of the Senate the views and
estimates described in section 301(c) of the Congressional Budget Act
of 1974 regarding matters within the jurisdiction of the select
committee.
Sec. 5. (a) For the purposes of this resolution, the select
committee is authorized in its discretion (1) to make investigations
into any matter within its jurisdiction, (2) to make expenditures from
the contingent fund of the Senate, (3) to employ personnel, (4) to hold
hearings, (5) to sit and act at any time or place during the sessions,
recesses, and adjourned periods of the Senate, (6) to require, by
subpoena or otherwise, the attendance of witnesses and the production
of correspondence, books, papers, and documents, (7) to take
depositions and other testimony, (8) to procure the service of
individual consultants or organizations thereof, in accordance with the
provisions of section 202(i) of the Legislative Reorganization Act of
1946, and (9) with the prior consent of the government department or
agency concerned and the Committee on Rules and Administration, to use
on a reimbursable basis the services of personnel of any such
department or agency.
(b) The chairman of the select committee or any member thereof may
administer oaths to witnesses.
(c) Subpoenas authorized by the select committee may be issued over
the signature of the chairman, the vice chairman or any member of the
select committee designated by the chairman, and may be served by any
person designated by the chairman or any member signing the subpoenas.
Sec. 6. No employee of the select committee or any person engaged
by contract or otherwise to perform service for or at the request of
such committee shall be given access to any classified information by
such committee unless such employee or person has (1) agreed in writing
and under oath to be bound by the rules of the Senate (including the
jurisdiction of the [Select Committee on Ethics]\3\) and of such
committee as to the security of such information during and after the
period of his employment or contractual agreement with such committee;
and (2) received an appropriate security clearance as determined by
such committee in consultation with the Director of Central
Intelligence. The type of security clearance to be required in the case
of any such employee or person shall, within the determination of such
committee in consultation with the Director of Central Intelligence, be
commensurate with the sensitivity of the classified information to
which such employee or person will be given access by such committee.
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\3\ The text originally referenced the ``Select Committee on
Standards and Conduct.'' The Committee was renamed the Select Committee
on Ethics by S. Res. 4, 95th Cong., 1st Sess. (Feb. 4, 1997).
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Sec. 7. The select committee 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. Nothing herein 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.
Sec. 8. (a) The select committee may, subject to the provisions of
this section, disclose publicly any information in the possession of
such committee after a determination by such committee that the public
interest would be served by such disclosure. Whenever committee action
is required to disclose any information under this section, the
committee shall meet to vote on the matter within five days after any
member of the committee requests such a vote. No member of the select
committee shall disclose any information, the disclosure of which
requires a committee vote, prior to a vote by the committee on the
question of the disclosure of such information or after such vote
except in accordance with this section.
(b)(1) In any case in which the select committee votes to disclose
publicly any information which has been classified under established
security procedures, which has been submitted to it by the Executive
branch, and which the Executive branch requests be kept secret, such
committee 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.
(2) The select committee may disclose publicly such information
after the expiration of a five-day period following the day on which
notice of such vote is transmitted to the Majority Leader and the
Minority Leader the President, unless, prior to the expiration of such
five-day period, the President, personally in writing, notifies the
committee that he objects to the disclosure of such information,
provides his reason therefore, and certifies that the threat to the
national interest of the United States posed by such disclosure is of
such gravity that it outweighs any public interest in the disclosure.
(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.
(4) Whenever the select committee votes to refer the question of
disclosure of any information to the Senate under paragraph (3), the
chairman shall not later than the first day on which the Senate is in
session following the day on which the vote occurs, report the matter
to the Senate for its consideration.
(5) One hour after the Senate convenes on the fourth day on which
the Senate is in session following the day on which any such matter is
reported to the Senate, or at such earlier time as the majority leader
and the minority leader of the Senate jointly agree upon in accordance
with paragraph 5 of rule XVII of the Standing Rules of the Senate, the
Senate shall go into closed session and the mater shall be the pending
business. In considering the matter in closed session the Senate may--
(A) approve the public disclosure of all or any portion of
the information in question, in which case the committee shall
publicly disclose the information ordered to be disclosed.
(B) disapprove the public disclosure of all or any portion of
the information in question, in which case the committee shall
not publicly disclose the information ordered not to be
disclosed, or
(C) refer all or any portion of the matter back to the
committee, in which case the committee shall make the final
determination with respect to the public disclosure of the
information in question.
Upon conclusion of the consideration of such matter in closed session,
which may not extend beyond the close of the ninth day on which the
Senate is in session following the day on which such matter was
reported to the Senate, or the close of the fifth day following the day
agreed upon jointly by the majority and minority leaders in accordance
with paragraph 5 of rule XVII of the Standing Rules of the Senate
(whichever the case may be), the Senate shall immediately vote on the
disposition of such matter in open session, without debate, and without
divulging the information with respect to which the vote is being
taken. The Senate shall vote to dispose of such matter by one or more
of the means specified in clauses (A), (B), and (C) of the second
sentence of this paragraph. Any vote of the Senate to disclose any
information pursuant to this paragraph shall be subject to the right of
a Member of the Senate or move for reconsideration of the vote within
the time and pursuant to the procedures specified in rule XIII of the
Standing Rules of the Senate, and the disclosure of such information
shall be made consistent with that right.
(c)(1) No information in the possession of the select committee
relating to the lawful intelligence activities of any department or
agency of the United States which has been classified under established
security procedures and which the select committee, pursuant to
subsection (a) or (b) of this section, has determined should not be
disclosed shall be made available to any person by a Member, officer,
or employee of the Senate except in a closed session of the Senate or
as provided in paragraph (2).
(2) The select committee may, under such regulations as the
committee shall prescribe to protect the confidentiality of such
information, make any information described in paragraph (1) available
to any other committee or any other Member of the Senate. Whenever the
select committee makes such information available, the committee shall
keep a written record showing, in the case of any particular
information, which committee or which Members of the Senate received
such information. No Member of the Senate who, and no committee which,
receives any information under this subsection, shall disclose such
information except in a closed session of the Senate.
(d) It shall be the duty of the [Select Committee on Ethics] to
investigate any unauthorized disclosure of intelligence information by
a Member, officer or employee of the Senate in violation of subsection
(c) and to report to the Senate concerning any allegation which it
finds to be substantiated.
(e) Upon the request of any person who is subject to any such
investigation, the [Select Committee on Ethics] 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 [Select Committee on Ethics] determines that there
has been a significant breach of confidentiality or unauthorized
disclosure by a Member, officer, or employee of the Senate, it shall
report its findings to the Senate and recommend appropriate action such
as censure, removal from committee membership, or expulsion from the
Senate, in the case of a Member, or removal from office or employment
or punishment for contempt, in the case of an officer or employee.
Sec. 9. The select committee is authorized to permit any personal
representative of the President, designated by the President to serve
as a liaison to such committee, to attend any closed meeting of such
committee.
Sec. 10. Upon expiration of the Select Committee on Government
Operations with Respect to Intelligence Activities, established by
Senate Resolution 21, Ninety-fourth Congress, all records, files,
documents, and other materials in the possession, custody, or control
of such committee, under appropriate conditions established by it,
shall be transferred to the select committee.
Sec. 11. (a) It is the sense of the Senate that the head of each
department and agency of the United States should keep the select
committee fully and currently informed with respect to intelligence
activities, including any significant anticipated activities, which are
the responsibility of or engaged in by such department or agency:
Provided, That this does not constitute a condition precedent to the
implementation of any such anticipated intelligence activity.
(b) It is the sense of the Senate that the head of any department
or agency of the United States involved in any intelligence activities
should furnish any information or document in the possession, custody,
or control of the department or agency, or person paid by such
department or agency, whenever requested by the select committee with
respect to any matter within such committee's jurisdiction.
(c) It is the sense of the Senate that each department and agency
of the United States should report immediately upon discovery to the
select committee any and all intelligence activities which constitute
violations of the constitutional rights of any person, violations of
law, or violations of Executive orders, Presidential directives, or
departmental or agency rules or regulations; each department and agency
should further report to such committee what actions have been taken or
are expected to be taken by the departments or agencies with respect to
such violations.
Sec. 12. Subject to the Standing Rules of the Senate, no funds
shall be appropriated for any fiscal year beginning after September 30,
1976, with the exception of a continuing bill or resolution, or
amendment thereto, or conference report thereon, to, or for use of, any
department or agency of the United States to carry out any of the
following activities, unless such funds shall have been previously
authorized by a bill or joint resolution passed by the Senate during
the same or preceding fiscal year to carry out such activity for such
fiscal year:
(1) The activities of the Central Intelligence Agency and the
Director of Central Intelligence.
(2) The activities of the Defense Intelligence Agency.
(3) The activities of the National Security Agency.
(4) The intelligence activities of other agencies and
subdivisions of the Department of Defense.
(5) The intelligence activities of the Department of State.
(6) The intelligence activities of the Federal Bureau of
Investigation, including all activities of the Intelligence
Division.
Sec. 13. (a) The select committee shall make a study with respect
to the following matters, taking into consideration with respect to
each such matter, all relevant aspects of the effectiveness of
planning, gathering, use, security, and dissemination of intelligence:
(1) the quality of the analytical capabilities of United
States foreign intelligence agencies and means for integrating
more closely analytical intelligence and policy formulation;
(2) the extent and nature of the authority of the departments
and agencies of the Executive branch to engage in intelligence
activities and the desirability of developing charters for each
intelligence agency or department;
(3) the organization of intelligence activities in the
Executive branch to maximize the effectiveness of the conduct,
oversight, and accountability of intelligence activities; to
reduce duplication or overlap; and to improve the morale of the
personnel of the foreign intelligence agencies;
(4) the conduct of covert and clandestine activities and the
procedures by which Congress is informed of such activities;
(5) the desirability of changing any law, Senate rule or
procedure, or any Executive order, rule, or regulation to
improve the protection of intelligence secrets and provide for
disclosure of information for which there is no compelling
reason for secrecy;
(6) the desirability of establishing a standing committee of
the Senate on intelligence activities;
(7) the desirability of establishing a joint committee of the
Senate and the House of Representatives on intelligence
activities in lieu of having separate committees in each House
of Congress, or of establishing procedures under which separate
committees on intelligence activities of the two Houses of
Congress would receive joint briefings from the intelligence
agencies and coordinate their policies with respect to the
safeguarding or sensitive intelligence information;
(8) the authorization of funds for the intelligence
activities of the Government and whether disclosure of any of
the amounts of such funds is in the public interest; and
(9) the development of a uniform set of definitions for terms
to be used in policies or guidelines which may be adopted by
the executive or legislative branches to govern, clarify, and
strengthen the operation of intelligence activities.
(b) The select committee may, in its discretion, omit from the
special study required by this section any matter it determines has
been adequately studied by the Select Committee to Study Governmental
Operations with Respect to Intelligence Activities, established by
Senate Resolution 21, Ninety-fourth Congress.
(c) The select committee shall report the results of the study
provided for by this section to the Senate, together with any
recommendations for legislative or other actions it deems appropriate,
no later than July 1, 1977, and from time to time thereafter as it
deems appropriate.
Sec. 14. (a) As used in this resolution, the term ``intelligence
activities'' includes (1) the collection, analysis, production,
dissemination, or use of information which relates to any foreign
country, or any government, political group, party, military force,
movement, or other association in such foreign country, and which
relates to the defense, foreign policy, national security, or related
policies of the United States, and other activity which is in support
of such activities; (2) activities taken to counter similar activities
directed against the United States; (3) covert or clandestine
activities affecting the relations of the United States with any
foreign government, political group, party, military force, movement or
other association; (4) the collection, analysis, production,
dissemination, or use of information about activities of persons within
the United States, its territories and possessions, or nationals of the
United States abroad whose political and related activities pose, or
may be considered by any department, agency, bureau, office, division,
instrumentality, or employee of the United States to pose, a threat to
the internal security of the United States, and covert or clandestine
activities directed against such persons. Such term does not include
tactical foreign military intelligence serving no national policymaking
function.
(b) As used in this resolution, the term ``department or agency''
includes any organization, committee, council, establishment, or office
within the Federal Government.
(c) For purposes of this resolution, reference to any department,
agency, bureau, or subdivision shall include a reference to any
successor department, agency, bureau, or subdivision to the extent that
such successor engages in intelligence activities now conducted by the
department, agency, bureau, or subdivision referred to in this
resolution.
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 more than 40 percent shall be under the control of
the Vice Chairman.
Sec. 16. Nothing in this resolution shall be construed as
constituting acquiescence by the Senate in any practice, or in the
conduct of any activity, not otherwise authorized by law.
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.
APPENDIX B
94th Congress, 1st Session
S. RES. 9
IN THE SENATE OF THE UNITED STATES
January 15, 1975
Mr. Chiles (for himself, Mr. Roth, Mr. Biden, Mr. Brock, Mr. Church,
Mr. Clark, Mr. Cranston, Mr. Hatfield, Mr. Hathaway, Mr. Humphrey, Mr.
Javits, Mr. Johnston, Mr. McGovern, Mr. Metcalf, Mr. Mondale, Mr.
Muskie, Mr. Packwood, Mr. Percy, Mr. Proxmire, Mr. Stafford, Mr.
Stevenson, Mr. Taft, Mr. Weicker, Mr. Bumpers, Mr. Stone, Mr. Culver,
Mr. Ford, Mr. Hart of Colorado, Mr. Laxalt, Mr. Nelson, and Mr.
Haskell) introduced the following resolution; which was read twice and
referred to the Committee on Rules and Administration.
RESOLUTION
Amending the rules of the Senate relating to open committee meetings
Resolved, That paragraph 7(b) of rule XXV of the Standing rules of
the Senate is amended to read as follows:
``(b) Each meeting of a standing, select, or special committee of
the Senate, or any subcommittee thereof, including meetings to conduct
hearings, shall be open to the public, except that a portion or
portions of any such meetings may be closed to the public if the
committee or subcommittee, as the case may be, determines by record
vote of a majority of the members of the committee or subcommittee
present that the matters be discussed or the testimony to be taken at
such portion or portions--
``(1) will disclose matters necessary to be kept secret in
the interests of national defense or the confidential conduct
of the foreign relations of the United States;
``(2) will relate solely to matters of committee staff
personnel or internal staff management or procedure;
``(3) will tend to charge an individual with crime or
misconduct, to disgrace or injure the professional standing of
an individual, or otherwise to expose an individual to public
contempt or obloquy, or will represent a clearly unwarranted
invasion of the privacy of an individual;
``(4) will disclose the identity of any informer or law
enforcement agency or will disclose any information relating to
the investigation or prosecution of a criminal offense that is
required to be kept secret in the interests of effective law
enforcement; or
``(5) will disclose information relating to the trade secrets
or financial or commercial information pertaining specifically
to a given person if--
``(A) an Act of Congress requires the information to
be kept confidential by Government officers and
employees; or
``(B) the information has been obtained by the
Government on a confidential basis, other than through
an application by such person for a specific Government
financial or other benefit, and is required to be kept
secret in order to prevent undue injury to the
competitive position of such persons.
Whenever any hearing conducted by any such committee or
subcommittee is open to the public, that hearing may be broadcast by
radio or television, or both, under such rules as the committee or
subcommittee may adopt.''
Sec. 2. Section 133A(b) of the Legislative Reorganization Act of
1946, section 242(a) of the Legislative Reorganization Act of 1970, and
section 102(d) and (e) of the Congressional Budget Act of 1974 are
repealed.
APPENDIX C
108th Congress, 2d Session
S. RES. 445
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 of 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 \1\ session.
---------------------------------------------------------------------------
\1\ So in original.
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``(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.
