III 

111TH CONGRESS 

1ST SESSION S. RES. 164 

Amending Senate Resolution 400, 94th Congress, and Senate Resolution 

445, 108th Congress, to improve congressional oversight of the intelligence activities of the United States, to provide a strong, stable, and 

capable congressional committee structure to provide the intelligence community appropriate oversight, support, and leadership, and to implement 

a key recommendation of the National Commission on Terrorist Attacks 

Upon the United States. 

IN THE SENATE OF THE UNITED STATES 

JUNE 2, 2009 

Mr. FEINGOLD (for himself, Mr. BURR, Mr. BAYH, Ms. SNOWE, and Mr. 

MCCAIN) submitted the following resolution; which was referred to the 

Committee on Rules and Administration 

RESOLUTION 

Amending Senate Resolution 400, 94th Congress, and Senate 

Resolution 445, 108th Congress, to improve congressional oversight of the intelligence activities of the United 

States, to provide a strong, stable, and capable congressional committee structure to provide the intelligence 

community appropriate oversight, support, and leadership, and to implement a key recommendation of the 

National Commission on Terrorist Attacks Upon the 

United States. 

Whereas the National Commission on Terrorist Attacks Upon 

the United States (hereinafter referred to as the ‘‘9/11 

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•SRES 164 IS 

Commission’’) conducted a lengthy review of the facts 

and circumstances relating to the terrorist attacks of 

September 11, 2001, including those relating to the intelligence community, law enforcement agencies, and the 

role of congressional oversight and resource allocation; 

Whereas in its final report, the 9/11 Commission found that 

congressional oversight of the intelligence activities of the 

United States is dysfunctional; 

Whereas in its final report, the 9/11 Commission further 

found that under the rules of the Senate and the House 

of Representatives in effect at the time the report was 

completed, the committees of Congress charged with 

oversight of the intelligence activities lacked the power, 

influence, and sustained capability to meet the daunting 

challenges faced by the intelligence community of the 

United States; 

Whereas in its final report, the 9/11 Commission further 

found that as long as such oversight is governed by such 

rules of the Senate and the House of Representatives, the 

people of the United States will not get the security they 

want and need; 

Whereas in its final report, the 9/11 Commission further 

found that a strong, stable, and capable congressional 

committee structure is needed to give the intelligence 

community of the United States appropriate oversight, 

support, and leadership; 

Whereas in its final report, the 9/11 Commission further 

found that the reforms recommended by the 9/11 Commission in its final report will not succeed if congressional oversight of the intelligence community in the 

United States is not changed; 

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•SRES 164 IS 

Whereas in its final report, the 9/11 Commission recommended structural changes to Congress to improve the 

oversight of intelligence activities; 

Whereas in its final report, the 9/11 Commission further recommended that the authorizing authorities and appropriating authorities with respect to intelligence activities 

in each house of Congress be combined into a single committee in each house of Congress; 

Whereas Congress has enacted some of the recommendations 

made by the 9/11 Commission and is considering implementing additional recommendations of the 9/11 Commission; and 

Whereas the Senate adopted Senate Resolution 445 in the 

108th Congress to address some of the intelligence oversight recommendations of the 9/11 Commission by abolishing term limits for the members of the Select Committee on Intelligence, clarifying jurisdiction for intelligence-related nominations, and streamlining procedures 

for the referral of intelligence-related legislation, but 

other aspects of the 9/11 Commission recommendations 

regarding intelligence oversight have not been implemented: Now, therefore, be it 

1 Resolved, 

2 SECTION 1. PURPOSES. 

3 The purposes of this resolution are— 

4 (1) to improve congressional oversight of the in5 telligence activities of the United States; 

6 (2) to provide a strong, stable, and capable con7 gressional committee structure to provide the intelmstockstill on PROD1PC66 with BILLS

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•SRES 164 IS 

1 ligence community appropriate oversight, support, 

2 and leadership; 

3 (3) to implement a key recommendation of the 

4 National Commission on Terrorist Attacks Upon the 

5 United States (the ‘‘9/11 Commission’’) that struc6 tural changes be made to Congress to improve the 

7 oversight of intelligence activities; and 

8 (4) to provide vigilant legislative oversight over 

9 the intelligence activities of the United States to en10 sure that such activities are in conformity with the 

11 Constitution and laws of the United States. 

12 SEC. 2. INTELLIGENCE OVERSIGHT. 

13 (a) AUTHORITY OF THE SELECT COMMITTEE ON IN14 TELLIGENCE.—Paragraph (5) of section 3(a) of Senate 

15 Resolution 400, agreed to May 19, 1976 (94th Congress), 

16 is amended in that matter preceding subparagraph (A) by 

17 striking the comma following ‘‘authorizations for appro18 priations’’ and inserting ‘‘and appropriations,’’. 

19 (b) ABOLISHMENT OF THE SUBCOMMITTEE ON IN20 TELLIGENCE.—Senate Resolution 445, agreed to October 

21 9, 2004 (108th Congress), is amended by striking section 

22 402. 

Æ 

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