Senate Select Committee on Intelligence: Term Limits and Assignment Limitations

Senate Select Committee on Intelligence: Term Limits and Assignment Limitations

Order Code RS21908
Updated October 14, 2004
CRS Report for Congress
Received through the CRS Web
Senate Select Committee on Intelligence:
Term Limits and Assignment Limitations
name redacted
Specialist on the Congress
Government and Finance Division
Summary
The 2005 Intelligence Authorization bill (S. 2386) as reported by the Senate
Intelligence Committee contains a provision repealing term limits for committee
members.1 The 9/11 Commission Report recommended that the eight-year term limit
for members serving on the Intelligence Committee be abolished. S.Res. 445,
introduced by Rules and Administration Committee Chairman Trent Lott on October 1,
2004, reported from that committee by a vote of 12-0 on October 5, 2004, and agreed
to October 9, by a vote of 79-6, eliminated term limits for Intelligence Committee
members.
The 9/11 Commission also recommended that the committee be smaller, seven or
nine members (it currently has 17 voting members), and four of the members who serve
on the Intelligence Committee should also serve on the Committees on Armed Services,
Judiciary, or Foreign Relations, or the Defense Appropriations Subcommittee. The
bipartisan working group of Senators also recommended designated membership
representation from the Appropriations, Armed Services, Foreign Relations, and
Judiciary Committees. S. Res. 445 provides that the committee have no more than 15
members and designates that two members each from the Committees on
Appropriations, Armed Services, Judiciary, and Foreign Relations serve on the
Intelligence Committee..
This report addresses issues related to the impact on the Intelligence Committee if
term limits are abolished and other assignment questions addressed in S. Res. 445. This
report will be updated as events warrant.
Introduction
S. 2386, the 2005 Intelligence Authorization bill, reported by the Senate Intelligence
Committee on May 5, 2004, contains a provision (section 306) repealing the eight-year
1 The provision was struck during floor consideration after passage of S.Res. 445.
Congressional Research Service ˜ The Library of Congress

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term limit for members serving on the Intelligence Committee.2 The 9/11 Commission
Report recommended that members should “serve indefinitely” on the committee, without
set terms. The commission report also recommended that the committee be small,
“perhaps seven or nine members” and four of the members should also serve on the
Committees on Armed Services, Judiciary, or Foreign Relations, or the Defense
Appropriations Subcommittee.
A bipartisan working group of 22 Senators that reviewed the recommendations of
the 9/11 Commission as they related to the Intelligence Committee issued a press release
on October 4, 2004.3 Among the recommendations was to eliminate the term limits on
Intelligence Committee members (introduced as S.Res. 445, on October 1, 2004, and
reported from the Rules and Administration Committee by a vote of 12-0 on October 5,
2004); ensuring designated membership representation from the Committees on
Appropriations, Armed Services, Foreign Relations and Judiciary; ensuring a one vote
majority advantage; reducing the committee size to 15 members; giving the majority and
minority leaders the authority to name the chair and vice chair; and elevating the
committee from a “B” to an “A” committee. The resolution was amended to include the
above provisions and agreed to on October 9, 2004, by a vote of 79-6.
Rules Governing Committee Assignments
Senate Rule XXV and party conference rules address committee assignments.
Paragraphs 2 and 3 of Rule XXV establish categories of committees, popularly referred
to as “A,” “B,” and “C,” that condition assignment rules.4
The “A” committees are
! Agriculture, Nutrition, and Forestry
! Appropriations
! Armed Services
! Banking, Housing, and Urban Affairs
! Commerce, Science, and Transportation
! Energy and Natural Resources
! Environment and Public Works
! Finance
! Foreign Relations
! Governmental Affairs (to be renamed Homeland Security and
Governmental Affairs)
! Health, Education, Labor and Pensions
2 The Senate Armed Services Committee, which received a referral of S. 2386, recommended
deleting section 306, and in the committee report noted that committee members “reserve the
right to submit an amendment related to this provision during consideration of S. 2386 on the
Senate floor.” Section 306 was struck during floor consideration of the bill.
3 CQ Today, Oct. 4, 2004.
4 For additional information on Senate committee assignment process, see CRS Report RL30743,
Committee Assignment Process in the U.S. Senate: Democratic and Republican Party
Procedures, by (name redacted), and CRS Report 98-183, Senate Committees: Categories and
Rules for Committee Assignments, by (name redacted).

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! Judiciary
The Intelligence Committee becomes an “A” committee pursuant to S. Res. 445.
The “B” committees are
! Budget
! Rules and Administration
! Small Business and Entrepreneurship
! Veterans’ Affairs
! Special Committee on Aging
! Select Committee on Intelligence (becomes an “A” committee pursuant
to S. Res. 445)
! Joint Economic Committee
The “C” committees are the Select Committee on Ethics, the Committee on Indian
Affairs, and the Joint Committee on Taxation. The Joint Committee on the Library and
the Joint Committee on Printing are not listed in any category, but are treated as “C”
committees for assignment purposes.
Paragraph 4 of Senate Rule XXV places restrictions on committee membership
based on these categories.
! Each Senator shall serve on two committees, and no more than two, in
Class A.
! Each Senator may serve on one committee, but no more than one, in
Class B.
! Each Senator may serve on one or more committees in Class C.
Democratic and Republican members are prohibited by party rule from serving on
more than one among the so-called “Super A” or “Big Four” committees: Appropriations,
Armed Services, Finance, and Foreign Relations.5 Further, Republican members from the
same state are prohibited from serving on the same committee by Republican Conference
rule. Democrats adhere to the same prohibition, but by tradition.
Exceptions to the Senate rule restrictions, which are not uncommon, are
recommended by the pertinent party conference and then officially authorized through
Senate approval of a resolution affecting one or more Senators.
Intelligence Committee Specific Assignment Provisions
The rules and standing orders of the Senate, and the legislation creating the Select
Committee on Intelligence (S.Res. 400, 94th Congress), address specific assignment issues
related to the committee. As established, the committee was to be composed of 15
members: two from the Committee on Appropriations; two from Committee on Armed
Services; two from the Committee on Foreign Relations; two from the Committee on the
5 A Republican working group is reportedly reviewing these designations. Roll Call, “Frist May
Get New Powers,” June 28, 2004.

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Judiciary (with each party represented, and the President pro tempore making
appointments based on recommendations from the majority and minority leaders); and
seven members to be appointed from the Senate at large. Four of the seven members were
to be appointed by the President pro tempore on the recommendation of the majority
leader and three on the recommendation of the minority leader. The members of the
committee were to serve no more than eight years of continuous service. Finally, an
attempt was to be made to ensure that one third of the committee members should be new
to the committee each Congress.
Intelligence Committee: 108th Congress
In the 108th Congress, the Intelligence Committee is composed of 17 voting
Members, nine Republicans and eight Democrats. The majority and minority leaders
serve as non-voting ex officio members.
Serving on the Intelligence Committee and the Appropriations Committee are two
Republican and three Democratic Senators. One of the two Republican Members and two
of the three Democratic Members serve on the Defense Subcommittee. Serving on the
Intelligence Committee and the Armed Services Committee are three Republican and two
Democratic Senators. Serving on the Intelligence Committee and the Foreign Relations
Committee are one Republican and one Democratic Senator. Serving on the Intelligence
Committee and the Judiciary Committee are two Republican and three Democratic
Senators.
Three Republican and one Democratic Senator have served eight years on the
Intelligence Committee and are scheduled to rotate off the committee in the next
Congress. Five Republican and five Democratic Senators serve on three “A” committees
and one Democratic Senator serves on two Super A committees. One Democratic Senator
also serves on two “B” committees, in addition to the Intelligence Committee.
The following table compares the structure of the Intelligence Committee as
contained in the legislation creating the panel with the 9/11 Commission
recommendations. Also noted is information relating to the current Intelligence
Committee structure and membership.

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Intelligence Committee
9/11 Commission
Current Intelligence
as Created by S.Res. 400
Recommendations
Committee
15 members
small, “perhaps seven or
17 voting Members
nine members”
Majority and Minority
S. Res. 445 provides for no
Leaders to serve ex officio
more than 15 members
without vote
Eight-year term limit on
“serve indefinitely”
2005 Intelligence
Members
Authorization bill, as
reported by the Intelligence
Senate standing order
Committee, abolishes term
encourages routine rotation
limits
of a third of the members
each Congress
S.Res. 445 abolishes term
limits
Three Republicans and one
Democrat have served eight
years on the Committee
Two members to also serve
Four committee members to
Five members (two
on Appropriations
serve on:
Republicans and three
Committee (one from each
Democrats) serve on
party)
Appropriations Defense
Appropriations; one
Subcommittee
Republican and two
Democrats serve on Defense
Subcommittee
Two members to also serve
Armed Services
Three Republicans and two
on Armed Services
Democrats serve on Armed
Committee (one from each
Services
party)
Two members to also serve
Foreign Relations
One Republican and one
on Foreign Relations
Democrat serve on Foreign
Committee (one from each
Relations
party)
Two members to also serve
Judiciary Committee
Two Republicans and three
on Judiciary (one from each
Democrats serve on
party)
Judiciary
Seven members at-large
Six at-large members
(four from the majority
party and three from the
S. Res. 445 recommends
minority party)
two from each committee

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