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H. RES. 307
Creating a select committee to investigate the effectiveness
of the United States' intelligence structure to meet global threats.

IN THE HOUSE OF REPRESENTATIVES

H. RES. 307

Bill to Create a Select Committee on Iraq Intelligence

108th CONGRESS

1st Session

H. RES. 307

Creating a select committee to investigate the effectiveness of the United States' intelligence structure to meet global threats.

IN THE HOUSE OF REPRESENTATIVES

June 26, 2003

Mrs. TAUSCHER (for herself, Mr. TAYLOR of Mississippi, Mr. WAXMAN, Mr. SPRATT, Mr. ALLEN, Mr. COOPER, Mr. SKELTON, Mr. FROST, Mr. SCHIFF, and Mr. DOOLEY of California) submitted the following resolution; which was referred to the Committee on Rules

RESOLUTION

Creating a select committee to investigate the effectiveness of the United States' intelligence structure to meet global threats.

Resolved, That (a) there is hereby created a Select Committee on Iraq Intelligence (hereinafter referred to as the `select committee'), to be composed of 15 Members of the House to be appointed by the Speaker (of whom 7 shall be appointed upon the recommendation of the minority leader), one of whom he shall designate as chairman and one of whom he shall designate as vice chairman. Any vacancy occurring in the membership of the select committee shall be filled in the same manner in which the original appointment was made. The select committee may conduct a full and complete investigation and study of United States intelligence relating to Operation in Iraqi Freedom, and make such findings and recommendations to the House as the select committee deems appropriate regarding the following matters:

(1)(A) The intelligence the United States had before Operation Iraqi Freedom regarding weapons of mass destruction in Iraq and Iraq's capacity to produce them.

(B) A comparison of expectations based on the intelligence before Operation Iraqi Freedom and what was subsequently found in Iraq.

(C) The credibility of the United States intelligence regarding Iraqi threats to the security of the United States, Europe, and the Middle East.

(D) Whether this intelligence supported the claim of an `imminent' threat to the United States and its allies.

(E) An identification of the intelligence used to substantiate the claim that Iraq was working with Al-Qaeda terrorists.

(F) An identification of the intelligence used to support the claim of Secretary of State Powell in his February presentation to the United Nations that the aluminum tubes Iraq bought were intended to make nuclear bombs.

(G) The manner in which the decision was made to strike a building in Baghdad on the first day of Operation Iraqi Freedom where Saddam Hussein was suspected to be hiding.

(H) The accuracy of the pre-war assessment of the capabilities and threat posed by Saddam Hussein's Republican Guard.

(I) The credibility of the intelligence regarding the threat of use of chemical and biological weapons against Coalition forces.

(J) The effectiveness of the collection, analysis and dissemination to senior administration policymakers of significant intelligence regarding threats to the United States and to its allies.

(2) The performance of the Office of the Ombudsman in the Central Intelligence Agency in addressing potential concerns relating to the matter set forth in paragraph (1).

(3) The role and the credibility of intelligence gathered by Iraqi opposition groups working with the United States before Operation Iraqi Freedom.

(4) The degree to which intelligence about Iraqi weapons of mass destruction was shared with United Nations weapons inspectors before Operation Iraqi Freedom.

(5) The role of the Office of Special Plans in the Department of Defense and whether it complimented, competed with, or detracted from the role of other United States intelligence agencies respecting the collection and use of intelligence relating to Iraqi weapons of mass destruction.

(b) One-third of the members of the select committee shall constitute a quorum for the transaction of business other than the reporting of a matter, which shall require a majority of the select committee to be actually present, except that the select committee may designate a lesser number, but not less than two, as a quorum for the purpose of holding hearings to take testimony. The rules of the House shall govern the select committee where not inconsistent with this resolution. The select committee shall adopt additional written rules, which shall be public, to govern its procedures, which shall not be inconsistent with this resolution or the rules of the House. Such rules may govern the conduct of the depositions, interviews, and hearings of the select committee, including the persons present.

(c) For the purpose of carrying out this resolution, the select committee may sit and act during the present Congress at any time and place within the United States or elsewhere, whether the House is in session, has recessed, or has adjourned and hold such hearings as it considers necessary and to require, by subpoena or otherwise, the attendance and testimony of such witnesses, the furnishing of information by interrogatory, and the production of such books, records, correspondence, memoranda, papers, documents, calendars, recordings, data compilations from which information can be obtained, tangible objects, and other things and information of any kind as it deems necessary, including all intelligence materials however classified, White House materials, and materials pertaining to unvouchered expenditures or concerning communications interceptions or surveillance; and to obtain evidence in other appropriate countries with the cooperation of their governments. Unless otherwise determined by the select committee the chairman, upon consultation with the ranking minority member, or the select committee, shall authorize and issue subpoenas. Subpoenas shall be issued under the seal of the House and attested by the Clerk, and may be served by any persons designated by the chairman or any member. Provisions may be included in the rules and process of the select committee to prevent the disclosure of committee demands for information. The select committee may request investigations, reports, and other assistance from any agency of the executive, legislative, and judicial branches of the Government.

(d) The chairman, or in his absence the vice chairman, or in their absence a member designated by the chairman, shall preside at all meetings and hearings of the select committee. All meetings and hearings of the committee shall be conducted in open session, unless a majority of members of the select committee voting, there being in attendance the requisite number required for the purpose of hearings to take testimony, vote to close a meeting or hearing.

(e) The chairman (upon consultation with the ranking minority member) may (1) appoint and fix the compensation of any staff that the chairman considers necessary and fix the compensation of such staff at per annum gross rates that do not exceed the highest rate of basic pay, as in effect from time to time, of Level IV of the Executive Schedule in section 5316 of title V, United States Code, and (2) terminate the employment of any such staff as the chairman considers appropriate. The select committee may reimburse the members of its staff for travel, subsistence, and other necessary expenses incurred by them in the performance of the their functions for the select committee, other than expenses in connection with any meeting of the select committee held in the District of Columbia. Staff of the House, at the direction of their Members, committee chairmen, or the Speaker, as appropriate, and upon request of the select committee, may serve as associate staff to the select committee for designated purposes. Associate staff shall be deemed staff of the select committee to the extent necessary for those designated purposes.

(f) Unless otherwise determined by the select committee, the chairman (upon consultation with the ranking minority member) or the select committee may authorize the taking of affidavits and of depositions pursuant to notice or subpoena by a Member or by designated staff, under oath administered by a Member or a person otherwise authorized by law to administer oaths. Deposition and affidavit testimony shall be deemed to have been taken in Washington, DC, before the select committee once filed there with the clerk of the select committee for its use. Unless otherwise directed by the select committee, all depositions, affidavits, and other materials received in the investigation shall be considered nonpublic until received by the select committee, except that all such material shall, unless otherwise directed by the select committee, be available for use by the Members of the select committee in open session.

(g) The select committee shall be authorized to respond to any judicial or other process, or to make any applications to court, consistent with rule VIII of the Rules of the House.

(h) The select committee may submit to standing committees, including the Permanent Select Committee on Intelligence, specific matters within their jurisdiction, and may request that such committees pursue such matters further. Committees pursuing such requested inquiries may, in turn, receive the continuing assistance, consistent with the select committee's own jurisdiction, of the select committee's legal process, personnel, and records. Committees which pursue or have pursued inquiries, during the previous or current Congress, within the subjects of the select committee investigation shall furnish the select committee with copies of all testimony and documents.

(i) The select committee shall provide other committees and Members of the House with access to information and proceedings, consistent with clause 11(g)(3) of rule X of the Rules of the House, except that the select committee may direct that particular matters or classes of matter shall not be made available to any person by its members, staff, or others, or may impose any other restriction. The select committee may require its staff to enter nondisclosure agreements, and its chairman, in consultation with the ranking minority member, may require others, such as counsel for witnesses, to do so. The Committee on Standards of Official Conduct may investigate any unauthorized disclosure of such classified information by a Member, officer, or employee of the House or other covered person upon request of the select committee. If, at the conclusion of its investigation, the Committee on Standards of Official Conduct determines that there has been a significant unauthorized disclosure, it shall report its findings to the House and recommend appropriate sanctions for the Member, officer, employee, or other covered person consistent with clause 11(g)(5) of rule X of the Rules of the House and any committee restriction, including nondisclosure agreements.

(j) There shall be paid out of the applicable accounts of the House such sums as may be necessary for the expenses of the select committee. Such payments shall be made on vouchers signed by the chairman of the select committee and approved in the manner directed by the Committee on House Administration. Amounts made available under this subsection shall be expended in accordance with regulations prescribed by the Committee on House Administration.

(k)(1) The select committee shall submit to the House reports setting forth the final results of its investigation and study, together with such recommendations for legislation or other matters as it deems advisable, as soon as practicable during the present Congress, and in no event later than October 30, 2004, unless the House directs otherwise.

(2) The select committee shall cease to exist one month after the filing of its final report.

(3) Any report made by the select committee shall be referred to the committee or committees that have jurisdiction over the subject matter of the report.

(4) Upon dissolution of the select committee, the records, files, and materials of the select committee shall be transferred to the Clerk of the House, who may, as directed by the select committee, store records in secure facilities of the intelligence community pursuant to agreement retaining control of access by the House.

(5) If any equipment is purchased by the select committee, then upon its dissolution, the Chief Administrative Officer shall make such equipment available to Members, Committees, or other entities of the House, under the direction of the Committee on House Administration.

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