[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 307 Introduced in House (IH)]






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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