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committee on _разведке the Senate.

The committee on investigation of the Senate [770] has been created in 1976 on the basis of the Senate resolution № 400 [771]. The Primary goals of the newly founded committee have been formulated as follows:

Realisation of supervision of prospecting activity;

The control over realisation of prospecting programs of the Federal government;

Carrying out of hearings on the questions concerning activity of investigation;

Representation to the Senate of recommendations about financing of prospecting activity;

Representation to the Senate of recommendations about perfection of the legislative base regulating prospecting activity.

The quantitative structure of members of Committee on Senate investigation varies from 13 to 17 members. In 1976, at creation of Committee on investigation, in its structure 15 senators have been included. Among them into committee have entered: 2 members of Committee on assignments, 2 - Committee on armed forces, 2 - Committee on the international relations, 2 - Committee on legal issues and 7 - from among other deputies of the Senate.

At committee there are representatives of both basic political parties of the USA - democratic and republican. That party which under election returns in the Senate is party of the senatorial majority, has in Committee on investigation on one representative more. The committee on Senate investigation, on the status is "special" committee. Therefore for its members restrictions on term of stay in committee structure have been established. The maximum term of work in committee of one senator has been designated in 8 years - for rank-and-file members and 10 years for the head of committee, its assistant and heads of subcommittees.

The committee on investigation has the right to found any subcommittees in the structure. According to the senate resolution № 400 decision on creation of new subcommittee was considered accepted if it was supported by half of list structure of committee. The committee on investigation forms a circle of duties and powers of any subcommittee. Activity of subcommittees is regulated by the same normative acts, as activity most

Committee on investigation [772].

Despite some decades which have passed since time of creation of Committee on investigation of the Senate, the majority of positions of the resolution № 400 on which basis the Committee has been founded, still keep the force. The resolution has appeared surprisingly steady in time, having undergone for expired considerable term only cosmetic changes. The resolution № 445, accepted by the Senate [773] became on October, 9th, 2004 one of these changes. This resolution became result of the parliamentary investigation devoted to events on September, 11th, 2001.

The resolution № 445 has cancelled some restrictions fixed in the resolution № 400. In particular, all restrictions on terms of stay of senators as a part of Committee on Senate investigation have been cancelled, that according to the Senate will allow Committee to realise more effectively the control powers concerning prospecting services of the USA. Thus, even despite the status of "special" committee, Committee on Senate investigation now has no restrictions on terms of stay of separate senators in its structure.

Also the resolution № 445 has changed an order of appointment of heads of Committee on investigation.

The right of appointment of the head of Committee had been allocated the party leader, having the majority in the upper chamber of the American Congress. A deputy head of committee henceforth is accordingly appointed the leader of minority in the Senate.

Approximately similarly the resolution № 445 solves a question on appointment of heads of subcommittees as a part of Committee on investigation. The resolution allocates with the right of appointment of the head of subcommittee the head of Committee on investigation (representing the senatorial majority), the right to appoint its assistant is allocated the assistant to the head of committee (the representative of minority in the Senate). On the basis of the Senate resolution № 445 as a part of Committee on investigation there was also a subcommittee with is standard fixed status. The control subcommittee [774] became this subcommittee.

It is necessary to note one more innovation, instituirovannoe the resolution № 445, concerning questions of financing of activity of Committee on Senate investigation. The resolution has fixed a proportion 60 to 40, according to which the financing most part (but no more than 60 %) is received by the personnel working in interests of the senatorial majority. The smaller part (but not less than 40 %) is received by the employees of the device working in interests of minority of the upper chamber.

It is necessary to note one more resolution of the Senate which has essentially changed the maintenance of the resolution № 400. It is a question of the Senate resolution № 50 from February, 14th, 2007 [775]. Formally it is the resolution makes numerous enough changes to the Senate resolution № 400 from 1976. Actually these changes have more likely technical character and reflect changes in the legislation in connection with acceptance by the Congress of the Law on prospecting reform and prevention of terrorism 2004 [776], among other divided duties of the abolished director of the central investigation between two new officials - the director of national investigation and the director of CIA.

In the work the committee on Senate investigation is guided by the special Rules approved by the upper chamber of the Congress [777]. Rules in details regulate all aspects of work of prospecting committee. In particular, such question, as time and an order of carrying out of planned sessions is regulated even. Along with planned, possibility of carrying out and committee emergency meetings - the chairman of committee in case it will find it necessary is established, can appoint committee emergency meetings; it is spent also in case of receipt of the corresponding letter of inquiry of 5 or more members of committee [778].

In difference from Committee on investigation of the House of Representatives which powers include control of all three basic prospecting programs - the National prospecting program, the Incorporated program of military investigation and the program "Tactical investigation and the activity connected with it" (together with Committee on national safety), the Committee on Senate investigation carries out the control over investigation activity only within the limits of the National prospecting program.

The prospecting committee of the Senate is authorised to spend hearings on following questions:

Analytical activity in prospecting community and means of perfection of interrelation between analytical work and problems of prospecting activity;

Legal grounds of realisation and the size of powers of the federal ministries and departments in the field of prospecting activity [779], questions of legal regulation of similar activity;

Perfection of the organisation of prospecting activity of an executive branch of the power for the purpose of increase of efficiency of monitoring systems behind investigation;

Questions of carrying out of secret operations by the American investigation and perfection of procedures of the control from the Congress of the USA behind preparation and carrying out of such operations;

Perfection of the standard base directed on protection of the classified information and bar of claim by lapse of time of disclosure of the classified information;

The questions connected with reorganisation of committee on investigation of the Senate, "special" committee having the status in standing committee, and also a question on creation of incorporated committee on investigation of the Congress on the basis of prospecting committees of the Senate and the House of Representatives.

Results of the spent hearings, together with recommendations about perfection of standard base, the committee on investigation reports on the Senate [780].

Sessions of prospecting committee of the Senate are led by its chairman, and in case of its absence - the vice-president. Committee decisions are accepted by simple majority of voices from number of members of the committee present at session and participating in voting. For decision-making presence at session not less than 1/3 from list number of members of committee [781] is necessary.

The basic duty of committee on investigation is annual consideration and the statement of the budget of investigation. Besides, under the Congress or Senate decision, the committee can carry out investigations of prospecting and other activity as as a whole prospecting community, and its separate members.

The committee also considers offered by the president on the statement of the Senate of a nominee of the director of national investigation, its assistants, the director of CIA and the general inspector of CIA. The nominee offered on the statement should be put on voting not earlier than in 14 days after its entering into committee. During this term the committee hears the candidate on a post and studies the presented materials about its track record, formation, financial incomes etc. On studying of the materials characterising the candidate, the committee takes away to itself not less than 7 days (this term can be reduced under the decision of the list majority of members of committee). After the offered nominee will be approved by the majority vote in prospecting committee, it is submitted for consideration the Senate, which special majority of voices (2/3 from the general number of senators) solves a question on appointment of the presented candidate on a post [782].

The committee on investigation of the Senate has the right to spend special investigations of activity of prospecting services under control to him. For decision-making on investigation carrying out the same requirements are established, as well as for carrying out of emergency meetings of committee - it is necessary, that 5 or more its members have addressed with corresponding inquiry to the chairman of committee (or to its assistant) which is obliged to make the decision on investigation carrying out. Investigation can be spent as directly members of committee, and the employees of a committee administration appointed for this purpose on

791

To investigation [783].

The important function of senatorial committee on investigation is function of preparation and the analysis of projects of the laws regulating questions of the organisation and activity of prospecting services of the USA. According to the resolution of the Senate ³400 [784] without fail on consideration of committee on Senate investigation all bills, projects of decisions, memorandums, and also other materials concerning activity should be represented:

The central intelligence service and its director;

Directors of national investigation, Service of the director of national investigation;

Prospecting activity of all ministries and departments of the federal government, including prospecting activity RUMO, ANB, other divisions and services of State department, the Ministry of Justice, the Ministry of Finance.

Without fail the committee on Senate investigation considers annual finance bills and bills of powers:

Directors of national investigation, Service of the director of national investigation; CIA; directors of CIA; FBI; ANB; RUMO; other prospecting services of the Ministry of Defence; investigations of State department [785].

Heads of the ministries which structure includes prospecting services - members of prospecting community of the USA annually submit to consideration of committee on investigation reports on prospecting activity of the services subordinated by it. Besides directly prospecting activity of the USA, in reports the information should be reflected about

The prospecting activity of the foreign states directed against the United States.

Concerning represented to the Senate for ratification of international treaties the Committee on investigations takes out the conclusion about ability of prospecting community to execute the position of the contract concerning sphere of its powers.

In committee on Senate investigation the big attention to observance of a corresponding mode of privacy is paid at work with the documents containing data on practice of activity of prospecting services, i.e. at work with the materials which disclosure can aggrieve to interests of national safety of the USA. The special instructions accepted more truly by chamber of the Congress, provide rigid sanctions both to senators, and to employees of the device of committees of the Senate, convicted of infringement of rules of work with the classified information [786].

At the same time, the Committee on Senate investigation aspires to give to the American public convincing that proof, that investigation activity is under the constant control of the representative authority and is directed on maintenance of essential interests of the American state. Any materials about the committee work, not falling under corresponding instructions about classified information protection, according to senators not only can, but also should be lead up to the widest layers of the American public. With that end in view the Senate supposes even possibility television or broadcastings of sessions of committee on investigation [787]. As much as possible admissible publicity and an openness in committee work promotes, according to the Senate, to formation at citizens of the USA of true representation about the purposes and problems of activity of prospecting services [788].

The order of formation of the device of prospecting committee of the Senate is rigidly regulated also. Any employee of the device can be appointed to the post precisely on mutual consent of the head of committee and its assistant, or with the consent of the majority of list structure of members of committee. Each employee of a committee administration on investigation is obliged to pass before appointment to the post special check for access reception to the classified information. In the work employees of the device are guided by the same requirements of a mode of privacy, as senators -

797

Members of committee.

1.3.

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A source: Dundukov Michael Jurevich. INVESTIGATION In the MACHINERY OF GOVERNMENT of the USA (ISTORIKO-LEGAL ASPECT). The dissertation on competition of a scientific degree of the doctor of juridical science. Moscow 2014. 2014

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