59–010 

Calendar No. 16 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–3 

AMENDMENT OF SENATE RESOLUTION 400 (94TH 

CONGRESS) 

JANUARY 30, 2007.—Ordered to be printed 

Mr. ROCKEFELLER, from the Select Committee on Intelligence, 

submitted the following 

R E P O R T 

[To accompany S. Res. 50] 

The Select Committee on Intelligence, having considered an 

original resolution (S. Res. 50) amending Senate Resolution 400 

(94th Congress), to make amendments arising from the enactment 

of the Intelligence Reform and Terrorism Prevention Act of 2004, 

and to make other amendments, reports favorably thereon and recommends that the resolution be agreed to. 

PURPOSE OF RESOLUTION

Senate Resolution 400 of the 94th Congress (S. Res. 400) is the 

basic jurisdictional and procedural charter of the Select Committee 

on Intelligence. Since its adoption by the Senate in 1976, there 

have been organizational changes in the Intelligence Community 

that should be reflected in S. Res. 400. Principal among them, as 

a result of the Intelligence Reform and Terrorism Prevention Act 

of 2004, Pub. L. No. 108–458, is the replacement of the position of 

Director of Central Intelligence (DCI) with that of the Director of 

National Intelligence (DNI) and the Director of the Central Intelligence Agency. The resolution that the Committee is now reporting 

also provides for technical changes to conform S. Res. 400 to several matters internal to the Senate that have been changed since 

1976 by other Senate resolutions. 


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SECTION-BY-SECTION ANALYSIS AND EXPLANATION

Section 1. Amendments arising from enactment of the Intelligence 

Reform Act 

Section 3(a)(1) of S. Res. 400 provides for the jurisdiction of the 

Select Committee on Intelligence over listed elements of the Intelligence Community. Section 3(a)(4) of S. Res. 400 grants the Committee jurisdiction over authorizations for those elements. Section 

12 of S. Res. 400 implements that grant of jurisdiction by barring 

appropriations for the activities of the listed elements of the Intelligence Community unless there has been an authorization. Heading these lists has been ‘‘The Central Intelligence Agency and the 

Director of Central Intelligence,’’ or in the case of Section 12 ‘‘The 

activities of the Central Intelligence Agency and the Director of 

Central Intelligence.’’ The Intelligence Reform Act of 2004 assigns to the DNI two functions that had previously been assigned to the DCI, namely, serving as head of the Intelligence Community and being the principal 

adviser to the President for intelligence matters relating to national security. The Act assigns to the CIA Director the third principal function of the former DCI: serving as head of the CIA. It provides for an Office of the Director of National Intelligence to assist 

the DNI in carrying out his or her responsibilities. 

To align the grant of committee jurisdiction in S. Res. 400 with 

the present organization of the Intelligence Community that has 

resulted from Intelligence Reform Act of 2004, section 1 of the resolution that the Committee is now reporting will replace the outdated references in S. Res. 400 to the Director of Central Intelligence. By virtue of paragraphs (1)(A)(ii) and (iii) of Section1 of the 

amendments now being reported, S. Res. 400 will provide explicitly 

for Intelligence Committee jurisdiction over: ‘‘(A) The Office of the Director of National Intelligence and 

the Director of National Intelligence. ‘‘(B) The Central Intelligence Agency and the Director of the 

Central Intelligence Agency.’’

Section 1(4)(B) of the amendments makes a corresponding 

change to section 12 of S. Res. 400. In fact, since enactment of the 

2004 Reform Act, the Senate has recognized that Intelligence Committee jurisdiction covers all parts of the former DCI’s jurisdiction, 

with matters concerning the DNI being referred to the Intelligence 

Committee, including nominations to that position. The amendments ratify that working assumption. 

The general Senate practice on the sequential referral to a second committee of legislation that has been reported by a committee 

is that the sequential referral may be ordered by unanimous consent or under Rule XVII of the Standing Rules of the Senate on a 

motion by the Majority and Minority Leaders or their designees. To 

address the circumstances in which another committee has jurisdiction over a department that contains an Intelligence Community 

element, the Senate in Section 3(b) of S. Res. 400 established a special procedure for the sequential referral of matters in which the 

Intelligence Committee shares jurisdiction with another committee 

of the Senate. 

Under that procedure, if the Intelligence Committee reports a 

matter that is also within the jurisdiction of another committee, or 


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another committee reports a matter that is also within the jurisdiction of the Intelligence Committee, the chairman of the committee 

that also has jurisdiction may obtain a sequential referral to his or 

her committee simply by requesting it. The sequential referral 

shall be for ten days that the Senate is in session and is extendable 

for five additional days of session at the request of the Majority or 

Minority Leader. 

However, since the adoption of S. Res. 400 in 1976, section 3(b) 

of S. Res. 400 has specifically excepted from this special sequential 

referral rule legislation involving the CIA and the DCI. Section 

1(1)(B) of the amendments that the Committee is now reporting applies that exception to legislation involving both successors of the 

DCI: the DNI as head of the Intelligence Community and the CIA 

Director as head of the CIA, as well as to the entity that supports 

each, the ODNI and the CIA. But, as section 3(c) of S. Res. 400 

(which will not be changed by these amendments) also makes clear, 

nothing in S. Res. 400 shall be construed as restricting the authority of any committee to study or review an intelligence activity that 

directly affects a matter otherwise within that committee’s jurisdiction. Further, Rule XVII, the general Senate rule on sequential referrals, will continue to allow for sequential referrals on the motion 

of the Majority and Minority Leaders or their designees. Nor will 

the amendments change the application of the special sequential 

procedure to the Intelligence Committee’s annual authorization bill 

as that bill regularly contains authorization matters beyond the Office of the Director of National Intelligence and the CIA that 

render the bill subject to sequential referral. 

In addition to the changes described above, the amendments included in section 1 of the resolution now being reported insert the 

DNI or replace outdated references to the DCI in other parts of S. 

Res. 400, as appropriate, such as with regard to the requirement 

in section 4 of S. Res. 400 for obtaining an annual report from the 

DNI as well as the CIA Director. 

Section 2. Technical amendments relating to the current name of 

the Ethics Committee 

Two sections of S. Res. 400 provide for the responsibilities of the 

Senate committee that has jurisdiction over ethics matters. 

Section 6 of S. Res. 400 requires that no employee or contractor 

of the Intelligence Committee shall be given access to classified information unless agreeing in writing and under oath to be bound 

by the rules of the Senate including the jurisdiction of the Senate 

committee with jurisdiction over ethics. Section 8 of S. Res. 400 

provides for the duty of that committee to investigate and report 

to the Senate any unauthorized disclosure of intelligence information by any Member, officer, or employee of the Senate. 

At the time of the adoption of S. Res. 400 in 1976, the name of 

the Senate committee with jurisdiction over ethics matters was the 

Select Committee on Standards and Conduct. In 1977, the Senate 

changed the name of that committee to the Select Committee on 

Ethics. The resolution that accomplished that, S. Res. 4, also provided that any resolution, rule, or order of the Senate that referred 

to the Select Committee on Standards and Conduct shall thereafter 

be considered as referring to the Select Committee on Ethics. 


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Section 2 of the resolution that our Committee is now reporting 

amends Sections 6 and 8 of S. Res. 400 to replace the outdated references to the Select Committee on Standards and Conduct with 

references to the Select Committee on Ethics. 

3. Technical amendments relating to outdated references to an intelligence Division of the FBI 

In two places in S. Res. 400—sections 3 and 12, in describing the 

Committee’s jurisdiction over intelligence matters at the Federal 

Bureau of Investigation, the Senate in 1976 described that jurisdiction as ‘‘the intelligence activities of the Federal Bureau of Investigation, including all activities of the Intelligence Division.’’ The 

FBI no longer has a unit named ‘‘the Intelligence Division.’’ The intelligence functions of the FBI are now located in a National Security Branch. Section 3 of the amendments now being reported by 

the Committee will strike the outdated references to the Intelligence Division. As amended, sections 3 and 12 will cover ‘‘the intelligence activities of the Federal Bureau of Investigation’’ under 

whatever name may be used within the FBI. 

4. Technical amendments relating to references to Senate Rules 

The technical amendments in Section 4 of the resolution that the 

Committee is now reporting replace with current references to the 

Standing Rules of the Senate three out-of-date references in S. Res. 

400 to Senate rules, including rules that in 1976 had been located 

in the Legislative Reorganization Act of 1946. One of the references 

is in Section 2(b) of S. Res. 400 which bars the Chairman and Vice 

Chairman of the Intelligence Committee from serving as the chairman or ranking minority member of other standing, select, or joint 

committees. The other two are in Section 8(b)(5) of S. Res. 400. 

They relate to the authority of the Majority and Minority Leaders 

to agree to a time for the full Senate to consider a vote by the Intelligence Committee to disclose information. 

The amendments do not change the substance of the referenced 

rules or the operation of S. Res. 400, but only show where the applicable rules may be currently found. The Committee, in fact, has 

been printing the correct location of the referenced rules in its periodic reprinting of S. Res. 400 and the rules of the Committee, but 

no record has been found that shows that the Senate (whose action 

is needed to amend S. Res. 400) has made these technical changes 

to S. Res. 400. 

5. Technical amendments to correct inadvertent word error resulting 

from S. 445 of the 108th Congress 

Section 201 of S. Res. 445, agreed to October 9, 2004 (108th Congress), reorganized and amended Section 3(b) of S. Res. 400. The 

2004 amendments to S. Res. 400 included an inadvertent word 

error. In Section 3(b)(3) of S. Res. 400 (as amended by S. Res. 

445)—a provision on the computation of time for sequential referrals—the term ‘‘the session’’ should be ‘‘in session.’’ Section 5 of the 

resolution that the Committee is now reporting makes that correction. 


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COMMITTEE ACTION

Motion to report resolution favorably 

On January 30, 2007, on the motion of Senator Bond and a 

quorum for reporting being present, by a vote of 15 ayes and 0 noes 

the Committee voted to report the resolution favorably. The votes 

in person or by proxy were as follows: Chairman Rockefeller—aye; 

Senator Feinstein—aye; Senator Wyden—aye; Senator Bayh—aye; 

Senator Mikulski—aye; Senator Feingold—aye; Senator Nelson— aye; Senator Whitehouse—aye; Vice Chairman Bond—aye; Senator 

Warner—aye; Senator Hagel—aye; Senator Chambliss—aye; Senator Hatch—aye; Senator Snowe—aye; Senator Burr—aye. 

Æ 


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