S.Res.445 - A resolution to eliminate certain restrictions on service of a Senator on the Senate Select Committee on Intelligence.108th Congress (2003-2004)
|Sponsor:||Sen. Lott, Trent [R-MS] (Introduced 10/01/2004)|
|Committees:||Senate - Rules and Administration|
|Latest Action:||Senate - 10/09/2004 Resolution agreed to in Senate with an amendment by Yea-Nay Vote. 79 - 6. Record Vote Number: 208. (All Actions)|
|Roll Call Votes:||There have been 8 roll call votes|
This bill has the status Agreed to in Senate
Here are the steps for Status of Legislation:
- Agreed to in Senate
Text: S.Res.445 — 108th Congress (2003-2004)All Information (Except Text)
Text available as:
- PDF (PDF provides a complete and accurate display of this text.) Tip?
Agreed to Senate (10/09/2004)
[Congressional Bills 108th Congress] [From the U.S. Government Printing 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.