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)

Summary: S.Res.445 — 108th Congress (2003-2004)All Information (Except Text)

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Passed Senate amended (10/09/2004)

Title I: Homeland Security Oversight Reform - (Sec. 101) Renames the Senate Committee on Governmental Affairs the Senate Committee on Homeland Security and Governmental Affairs.

Grants the Committee jurisdiction over all matters relating to the Department of Homeland Security (DHS) except for: (1) the Coast Guard, the Transportation Security Administration, the Federal Law Enforcement Training Center, the Secret Service, the United States Citizenship and Immigration Service, the immigration functions of the U.S. Customs and Border Protection, the U.S. Immigration and Custom Enforcement, and the Directorate of Border and Transportation Security; and (2) customs revenue functions (including any function provided for in the Homeland Security Act of 2002) performed by DHS employees, commercial functions or commercial operations 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 functions related to those performed by such employees that were exercised by the U.S. Customs Service on the day before the effective date of the Act.

Declares that this jurisdiction shall supersede the jurisdiction of any other Senate committee provided for in the Senate rules. Excludes from such jurisdiction the National Flood Insurance Act of 1968 or related functions of the Federal Emergency Management Agency.

Extends such jurisdiction to: (1) the Archives of the United States; (2) budget and accounting measures, other than appropriations, except as provided in the Congressional Budget Act of 1974; (3) census and collection of statistics, including economic and social statistics; (4) congressional organization, except for any part of the matter that amends the Senate's rules or orders; (5) Federal Civil Service; (6) Government information; (7) intergovernmental relations; (8) municipal affairs of the District of Columbia, except its appropriations; (9) organization and management of U.S. nuclear export policy; (10) organization and reorganization of the executive branch; (11) Postal Service; and (12) status of Federal officers and employees, including their classification, compensation, and benefits.

Specifies additional duties of the Committee.

Grants: (1) the Budget Committee, with an exception, exclusive jurisdiction over specified measures affecting the congressional budget process; and (2) the Committees on the Budget and on Homeland Security and Governmental Affairs joint jurisdiction over the nominations by the President of persons to fill the positions of Director and Deputy Director for Budget within the Office of Management and Budget. Declares that if one Committee votes to report such a nomination, the other must report within 30 calendar days session, or be automatically discharged.

Title II: Intelligence Oversight Reform - (Sec. 201) Amends Senate Resolution 400, 94th Congress (establishing the Senate Select Committee on Intelligence) to: (1) provide that 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 it but shall have no vote in the Committee and shall not be counted for purposes of determining a quorum; and (2) limit its membership to 15 and its membership to be appointed from the Senate at large to seven.

Requires the Majority Leader to appoint the Majority Members at large and the Minority Leader to appoint the Minority Members at large, with the Majority having a one vote margin. (Currently, the President pro tempore appoints such Members at large with the recommendations of the Majority and Minority Leaders).

Eliminates the: (1) limitation to eight of the number of years a Member may serve on such Committee; and (2) the requirement that one-third of Members appointed to such Committee at the beginning of a Congress be Members who did not serve on it during the preceding Congress.

Requires the Majority Leader, at the beginning of each Congress, to select a chairman of the Select Committee and the Minority Leader to select a vice chairman for the Select Committee.

Allows the Select Committee to be organized into subcommittees with each having a chairman and a vice chairman selected by the Chairman and Vice Chairman of the Select Committee, respectively.

Limits the reports to the Senate from the Select Committee to not less than quarterly.

Requires the Select Committee, in addition to other committee staff, to hire or appoint: (1) one employee for each of its Members to serve as such Member's designated representative; but (2) only an employee chosen by that Member. Provides for budgeting, office space and equipment, and information access rights for a designated representative. Prescribes security clearance and other pertinent requirements the designated representative must meet.

Provides that 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.

Grants the Select Committee 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.

Provides that other committees with jurisdiction over such nominees may hold hearings and interviews with the persons, but only the Select Committee shall report such nominations.

Reduces from 30 to ten days after referral the deadline and discharge date for a standing committee to report to the Senate any proposed legislation of the Select Committee (except legislation pertaining to the Central Intelligence Agency) that has been referred to it upon its request because it contains matter otherwise within the standing committee's jurisdiction. Reduces from 30 to ten days after referral, as well, the deadline and discharge date for the Select Committee to report to the Senate any proposed legislation of a standing committee whose referral it has requested because it contains matter within the Select Committee's jurisdiction.

Allows the Majority or Minority Leader (currently, the Senate) to request, before the discharge date, an additional five days on behalf of the appropriate Committee. Provides for automatic discharge of referred proposed legislation from such Committee after the five-day extension.

Prohibits committees to which legislation is referred from making changes or alterations to the text of the referred bill and its annexes; but allows them to propose changes or alterations in the form of amendments.

Modifies procedures of the Select Committee for public disclosure of classified information submitted to it by the executive branch. Requires the Committee to notify and consult with the Majority and Minority Leaders of the Senate about a vote to disclose such information, before notifying the President (as under current rules).

Authorizes the Select Committee to make public disclosure of such information after a five-day period following the day on which notice of such vote is transmitted to the Majority and Minority Leaders and the President (currently, just the President).

Authorizes the Majority and Minority Leaders jointly or the Select Committee, by majority vote, to refer the question of such disclosure to the Senate for consideration if the President, personally, in writing, notifies the Majority and Minority Leaders and the Select Committee of his objection to it.

Title III: Committee Status - (Sec. 301) Treats the Committee on Homeland Security and Governmental Affairs as the Committee on Governmental Affairs listed under rule XXV (Standing Committees) of the Standing Rules of the Senate for purposes of such Rules.

Title IV: Intelligence-Related Subcommittees - (Sec. 401) Establishes in the Select Committee on Intelligence a Subcommittee on Oversight responsible for ongoing oversight of intelligence activities.

(Sec. 402) Establishes in the Committee on Appropriations a Subcommittee on Intelligence with jurisdiction over funding for intelligence matters. Requires the Committee on Appropriations to reorganize into 13 subcommittees as soon as possible after the convening of the 109th Congress.

Title V: Effective Date - Makes this resolution effective on the convening of the 109th Congress.