[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1946 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1946

To establish an independent national commission to examine and evaluate 
    the collection, analysis, reporting, use, and dissemination of 
       intelligence related to Iraq and Operation Iraqi Freedom.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 24, 2003

  Mr. Corzine introduced the following bill; which was read twice and 
            referred to the Select Committee on Intelligence

_______________________________________________________________________

                                 A BILL


 
To establish an independent national commission to examine and evaluate 
    the collection, analysis, reporting, use, and dissemination of 
       intelligence related to Iraq and Operation Iraqi Freedom.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Iraq Intelligence 
Commission Act''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    There is established the National Commission on Iraq Intelligence 
(in this Act referred to as the ``Commission'').

SEC. 3. PURPOSES.

    The purposes of the Commission are as follows:
            (1) To examine and evaluate the performance of the United 
        States intelligence community with respect to the collection of 
        intelligence, and the quality of intelligence obtained, on the 
        weapons of mass destruction and related delivery systems 
        capabilities of Iraq in the period from 1998 until the 
        conclusion of military operations against Iraq under Operation 
        Iraqi Freedom.
            (2) To examine and evaluate the performance of the United 
        States intelligence community with respect to the collection of 
        intelligence, and the quality of intelligence obtained, on the 
        connections and support, if any, of Iraq with and for the plans 
        and intentions of terrorist groups to attack the United States 
        or United States interests abroad during the period referred to 
        in paragraph (1).
            (3) To examine and evaluate the performance of the United 
        States intelligence community with respect to the collection of 
        intelligence, and the quality of intelligence obtained, during 
        and after the period referred to in paragraph (1), on matters 
        relating to--
                    (A) the conduct of military and intelligence 
                operations against Iraq;
                    (B) the search for and securing of weapons of mass 
                destruction, related delivery systems capabilities, and 
                conventional weapons in Iraq; and
                    (C) the military, political, and economic aspects 
                of the occupation of Iraq.
            (4) To examine and evaluate the quality of the analysis by 
        the United States intelligence community of the available 
        intelligence related to the matters referred to in paragraphs 
        (1) through (3), including intelligence from foreign 
        intelligence services, that served as a basis during the period 
        referred to in paragraph (1) for--
                    (A) reports, testimony, and presentations to 
                policymakers in the Executive Branch and Congress, and 
                to United Nations bodies and other consumers; and
                    (B) assessments that were used or disseminated by 
                the Executive Branch.
            (5) To examine and evaluate the effect, if any, on the 
        United States intelligence community of the actions of 
        Executive Branch officials regarding the collection, analysis, 
        and reporting on intelligence matters referred to in paragraphs 
        (1) through (3).
            (6) To examine and evaluate the relevant facts and 
        circumstances relating to the use and dissemination by 
        Executive Branch officials of intelligence and intelligence 
        analyses underlying assessment of intelligence matters referred 
        to in paragraphs (1) through (3) during the period referred to 
        in paragraph (1), including assessments contained in public 
        speeches, statements, and interviews, reports to and testimony 
        before Congress, and communications with and reports and 
        presentations to United Nations bodies.
            (7) To build on the investigations of other entities, and 
        avoid unnecessary duplication, by reviewing the work, findings, 
        conclusions, and recommendations of other Executive Branch, 
        Congressional, or independent commission investigations into 
        the collection, analysis, reporting, use, and dissemination of 
        intelligence related to Iraq by the United States.
            (8) Based on the examinations and evaluations under 
        paragraphs (1) through (6) and the work, findings, conclusions, 
        and recommendations of other investigations referred to in 
        paragraph (7), to identify corrective measures to improve the 
        collection, analysis, reporting, use, and dissemination of 
        intelligence by the Executive Branch, and to report to the 
        President and Congress on the examinations, evaluations, 
        findings, and conclusions of the Commission and on the 
        recommendations of the Commission with respect to such 
        corrective measures.

SEC. 4. COMPOSITION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 10 members, of 
whom--
            (1) 1 member shall be appointed by the President, who shall 
        serve as co-chairman of the Commission;
            (2) 1 member shall be appointed by the leader of the Senate 
        (majority or minority leader, as the case may be) of the 
        Democratic Party, in consultation with the leader of the House 
        of Representatives (majority or minority leader, as the case 
        may be) of the Democratic Party, who shall serve as co-chairman 
        of the Commission;
            (3) 2 members shall be appointed by the senior member of 
        the Senate leadership of the Democratic Party;
            (4) 2 members shall be appointed by the senior member of 
        the leadership of the House of Representatives of the 
        Republican Party;
            (5) 2 members shall be appointed by the senior member of 
        the Senate leadership of the Republican Party; and
            (6) 2 members shall be appointed by the senior member of 
        the leadership of the House of Representatives of the 
        Democratic Party.
    (b) Qualifications; Initial Meeting.--
            (1) Political party affiliation.--Not more than 5 members 
        of the Commission shall be from the same political party.
            (2) Nongovernmental appointees.--An individual appointed to 
        the Commission may not be an officer or employee of the Federal 
        Government or any State or local government.
            (3) Other qualifications.--It is the sense of Congress that 
        individuals appointed to the Commission should be prominent 
        United States citizens, with national recognition and 
        significant depth of experience in such professions as 
        governmental service, the armed services, law, intelligence, 
        and foreign affairs.
            (4) Deadline for appointment.--All members of the 
        Commission shall be appointed not later than one month after 
        the date of the enactment of this Act.
            (5) Initial meeting.--The Commission shall meet and begin 
        the operations of the Commission as soon as practicable.
    (c) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the joint call of the co-chairmen or a majority of its 
members. Six members of the Commission shall constitute a quorum. Any 
vacancy in the Commission shall not affect its powers, but shall be 
filled in the same manner in which the original appointment was made.

SEC. 5. FUNCTIONS OF COMMISSION.

    The functions of the Commission are--
            (1) to conduct an investigation into the relevant facts and 
        circumstances relating to the collection, analysis, reporting, 
        use, and dissemination by the United States intelligence 
        community and others in the Executive Branch of intelligence 
        relating to Iraq and Operation Iraqi Freedom, including--
                    (A) an examination and evaluation of the quantity 
                and quality of United States intelligence underlying 
                assessments made during the period referred to in 
                section 3(1) of--
                            (i) weapons of mass destruction and 
                        delivery systems capabilities of Iraq;
                            (ii) connections and support, if any, of 
                        Iraq with and for the plans and intentions of 
                        terrorist groups to attack the United States or 
                        United States interests abroad;
                    (B) an examination and evaluation of the quantity 
                and quality of United States intelligence underlying 
                assessments made during after the period referred to in 
                section 3(1) on intelligence matters relating to--
                            (i) the conduct of military and 
                        intelligence operations against Iraq;
                            (ii) the search for and securing of weapons 
                        of mass destruction, related delivery systems 
                        capabilites, and conventional weapons in Iraq; 
                        and
                            (iii) the military, political, and economic 
                        aspects of the occupation of Iraq;
                    (C) an examination and evaluation regarding whether 
                the analytical judgments in the assessments referred to 
                in subparagraphs (A) and (B) were thorough, timely, 
                objective, independent, and reasonable, based upon 
                intelligence collection;
                    (D) an examination and evaluation of the accuracy 
                of the assessments referred to in subparagraphs (A) and 
                (B) when compared with the results of the investigative 
                efforts of the Iraq Survey Group and other relevant 
                Executive Branch and Congressional entities, and with 
                relevant assessments of the United Nations and other 
                multilateral bodies, foreign governments, 
                nongovernmental organizations, and other institutions 
                and individuals;
                    (E) an examination and evaluation of the quality of 
                the intelligence on Iraq that was provided to the 
                United States intelligence community and Executive 
                Branch policymakers, including by foreign intelligence 
                services, that served as a basis during the period 
                referred to in section 3(1) for--
                            (i) reports, testimony, and presentations 
                        to policymakers in the Executive Branch and 
                        Congress, and to United Nations bodies and 
                        other consumers; and
                            (ii) assessments that were used or 
                        disseminated by the Executive Branch;
                    (F) a determination of the extent, if any, to which 
                elements of the United States intelligence community 
                were inappropriately pressured by members of the 
                Executive Branch to produce intelligence consistent 
with such members policy objectives, and of the extent, if any, to 
which intelligence was manipulated or misrepresented by members of the 
Executive Branch or elements under their control;
                    (G) an assessment of the extent to which Congress 
                was kept fully and currently informed about 
                intelligence related to Iraq and Operation Iraqi 
                Freedom;
                    (H) a determination of the extent to which the 
                intelligence of the United States intelligence 
                community, and of the United States Armed Forces and 
                coalition forces, were sufficiently accurate, thorough, 
                timely, objective, and independent to prepare such 
                forces to conduct effective military and intelligence 
                operations against Iraq, including the search for and 
                securing of weapons of mass destruction and 
                conventional weapons in Iraq, and to prepare such 
                forces and other United States and coalition entities 
                to successfully carry out the military, political, and 
                economic aspects of the occupation of Iraq; and
                    (I) an examination, evaluation, and assessment of 
                such other related facts and circumstances that the 
                Commission considers appropriate;
            (2) to identify, review, and evaluate the lessons learned 
        from issues related to the collection, analysis, reporting, 
        use, and dissemination of intelligence relating to Iraq and 
        Operation Iraqi Freedom;
            (3) to investigate the facts and circumstances relating to 
        disclosures, if any, by Executive Branch officials of the 
        identify of a covert Central Intelligence Agency official; and
            (4) to submit to the President and Congress the reports 
        provided for by section 11.

SEC. 6. POWERS OF COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, any subcommittee or member 
        thereof, may, for the purpose of carrying out this Act--
                    (A) hold such hearings and sit and act at such 
                times and places, take such testimony, receive such 
                evidence, administer such oaths; and
                    (B) subject to paragraph (2)(A), require, by 
                subpoena or otherwise, the attendance and testimony of 
                such witnesses and the production of such books, 
                records, correspondence, memoranda, papers, and 
                documents, as the Commission or such designated 
                subcommittee or designated member may determine 
                advisable.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued 
                        under this subsection only--
                                    (I) by the joint agreement of the 
                                co-chairmen; or
                                    (II) by the affirmative vote of 5 
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i), 
                        subpoenas issued under this subsection may be 
                        issued under the signature of a co-chairman or 
                        any member designated by 5 members of the 
                        Commission, and may be served by any person 
                        designated by a co-chairman or by a member 
                        designated by 5 members of the Commission.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        or failure to obey a subpoena issued under 
                        subsection (a), the United States district 
                        court for the judicial district in which the 
                        subpoenaed person resides, is served, or may be 
                        found, or where the subpoena is returnable, may 
                        issue an order requiring such person to appear 
                        at any designated place to testify or to 
                        produce documentary or other evidence. Any 
                        failure to obey the order of the court may be 
                        punished by the court as a contempt of that 
                        court.
                            (ii) Additional enforcement.--In the case 
                        of any failure of any witness to comply with 
                        any subpoena or to testify when summoned under 
                        authority of this section, the Commission may 
                        certify a statement of fact constituting such 
                        failure to the appropriate United States 
                        attorney, who may bring the matter before the 
                        grand jury for its action, under the same 
                        statutory authority and procedures as if the 
                        United States attorney had received a 
                        certification under sections 102 through 104 of 
                        the Revised Statutes of the United States (2 
                        U.S.C. 192 through 194).
    (b) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Commission to discharge its duties under this Act.
    (c) Information From Federal Agencies.--
            (1) In general.--The Commission may secure directly from 
        any executive department, bureau, agency, board, commission, 
        office, independent establishment, or instrumentality of the 
        Government, information, suggestions, estimates, and statistics 
        for the purposes of this Act. Each department, bureau, agency, 
        board, commission, office, independent establishment, or 
        instrumentality shall, to the extent authorized by law, furnish 
        such information, suggestions, estimates, and statistics 
        directly to the Commission, upon request made by a co-chairman, 
        the chairman or co-chairman of any subcommittee created by 5 
        members of the Commission, or any member designated by 5 
        members of the Commission.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by members of the Commission and its staff 
        consistent with all applicable statutes, regulations, and 
        Executive orders.
    (d) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the Commission's functions.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and 
        agencies of the United States may provide to the Commission 
        such services, funds, facilities, staff, and other support 
        services as they may determine advisable and as may be 
        authorized by law.
    (e) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (f) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as departments 
and agencies of the United States.

SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Commission.
    (b) Public Meetings and Release of Public Versions of Reports.--The 
Commission shall--
            (1) hold public hearings and meetings to the extent 
        appropriate; and
            (2) release public versions of the reports provided for by 
        subsections (a) and (b) of section 11.
    (c) Public Hearings.--Any public hearings of the Commission shall 
be conducted in a manner consistent with the protection of information 
provided to or developed for or by the Commission as required by any 
applicable statute, regulation, or Executive order.

SEC. 8. STAFF OF COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--The co-chairmen, acting 
        jointly and in accordance with rules agreed upon by the 
        Commission, may appoint and fix the compensation of a staff 
        director and such other personnel as may be necessary to enable 
        the Commission to carry out its functions, without regard to 
        the provisions of title 5, United States Code, governing 
        appointments in the competitive service, and without regard to 
        the provisions of chapter 51 and subchapter III of chapter 53 
        of such title relating to classification and General Schedule 
        pay rates, except that no rate of pay fixed under this 
        subsection may exceed the equivalent of that payable for a 
        position at level V of the Executive Schedule under section 
        5316 of title 5, United States Code.
            (2) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to members of the Commission.
    (b) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of his or her 
regular employment without interruption.
    (c) Consultant Services.--The Commission may procure the services 
of experts and consultants in accordance with section 3109 of title 5, 
United States Code, but at rates not to exceed the daily rate paid a 
person occupying a position at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code.

SEC. 9. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--Each member of the Commission may be compensated 
at not to exceed the daily equivalent of the annual rate of basic pay 
in effect for a position at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day during which 
that member is engaged in the actual performance of the duties of the 
Commission.
    (b) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the Commission, members 
of the Commission shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703(b) of title 5, United States Code.

SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall cooperate 
with the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances to the extent 
possible pursuant to existing procedures and requirements, except that 
no person shall be provided with access to classified information under 
this Act without the appropriate security clearances.

SEC. 11. REPORTS OF COMMISSION; TERMINATION.

    (a) Interim Reports.--The Commission may submit to the President 
and Congress interim reports containing such examinations, evaluations, 
findings, and conclusions of the Commission, and such recommendations 
with respect to corrective measures (including changes in policies, 
practices, organizational structures, and arrangements), as have been 
agreed to by a majority of Commission members.
    (b) Final Report.--Not later than 18 months after the date of the 
enactment of this Act, the Commission shall submit to the President and 
Congress a final report containing such examinations, evaluations, 
findings, and conclusions of the Commission, and such recommendations 
with respect to corrective measures (including changes in policies, 
practices, organizational structures, and arrangements), as have been 
agreed to by a majority of Commission members.
    (c) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        this Act, shall terminate 60 days after the date on which the 
        final report is submitted under subsection (b).
            (2) Administrative activities before termination.--The 
        Commission may use the 60-day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        reports and disseminating the final report.

SEC. 12. FUNDING.

    (a) In General.--Of the amounts authorized to be appropriated for 
the intelligence and intelligence-related activities of the United 
States Government for fiscal year 2004, $15,000,000 shall be available 
for transfer to the Commission for purposes of the activities of the 
Commission under this Act.
    (b) Duration of Availability.--Amounts made available to the 
Commission under subsection (a) shall remain available until the 
termination of the Commission.
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