[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 635 Introduced in House (IH)]







109th CONGRESS
  1st Session
H. RES. 635

Creating a select committee to investigate the Administration's intent 
 to go to war before congressional authorization, manipulation of pre-
 war intelligence, encouraging and countenancing torture, retaliating 
  against critics, and to make recommendations regarding grounds for 
                         possible impeachment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 18, 2005

 Mr. Conyers submitted the following resolution; which was referred to 
                         the Committee on Rules

_______________________________________________________________________

                               RESOLUTION


 
Creating a select committee to investigate the Administration's intent 
 to go to war before congressional authorization, manipulation of pre-
 war intelligence, encouraging and countenancing torture, retaliating 
  against critics, and to make recommendations regarding grounds for 
                         possible impeachment.

    Resolved, That there is hereby established in the House of 
Representatives a select committee to be known as the Select Committee 
on Administration Predetermination to Go to War and Manipulation of 
Intelligence (in this resolution referred to as the ``Select 
Committee'').

                         purposes and functions

    Sec. 2. (a) The Select Committee is authorized and directed to 
investigate all relevant government agencies actions and decisions 
relating to the Administration's intent to go to war before 
congressional authorization, manipulation of pre-war intelligence, 
encouraging and countenancing torture, and retaliating against critics, 
including:
            (1) actions by the White House, National Security Council, 
        Department of State, Department of Defense, and Central 
        Intelligence Agency related to United Nations and Iraq Survey 
        Group inspections of Iraq;
            (2) knowledge of Iraq's ability regarding and intentions 
        toward, or lack of ability regarding or intentions toward, 
        nuclear weapons capability;
            (3) knowledge regarding Iraq's possession of or attempted 
        possession of, or regarding the lack of possession of or 
        attempted possession of, chemical or biological weapons;
            (4) knowledge of Iraq's possession of aluminum tubes for 
        conventional rocket programs or for nuclear weapons 
        development;
            (5) knowledge regarding Iraq's intent, or lack of intent, 
        toward acquiring yellowcake uranium from Niger;
            (6) knowledge of any involvement, or lack of involvement, 
        by Iraq in the September 11, 2001, attacks against the United 
        States;
            (7) knowledge of any connections or ties, or of any lack of 
        connections or ties, between Iraq and al Qaeda;
            (8) knowledge of any meeting, or lack of any meeting, 
        between Iraqi intelligence officials and Mohammed Atta in 
        Prague, Czechoslovakia;
            (9) preparations for detention, interrogation and treatment 
        of detainees, or lack thereof, made in the planning stages of 
        the Iraq conflict prior to March 19, 2003;
            (10) knowledge of abuses and mistreatment of detainees 
        during the Iraq conflict after March 19, 2003;
            (11) the investigation of abuses and mistreatment, or lack 
        thereof, the results of these investigations, any sanctions or 
        punishment of offenders, and any efforts to keep these reports 
        either from supervisors, officials or the public;
            (12) an examination of all prison facilities, including the 
        High Value Detainee facility at Baghdad airport and secret 
        prisons or ``black sites,'' for detaining individuals outside 
        the United States;
            (13) the extent to which civilian, military, or 
        intelligence officials expressly authorized, willingly ignored, 
        or created an atmosphere that condoned the abuses and 
        mistreatment that occurred at Abu Ghraib, Iraq; and
            (14) knowledge on the part of any White House officials of 
        the covert identity of Valerie Plame Wilson and any discussion 
        or communication by such officials with members of the media 
        about such identity, and any failure to enforce Executive Order 
        12958.

                       appointment and membership

    Sec. 3. (a) Members.--The Select Committee shall be composed of 20 
Members of the House to be appointed by the Speaker, of whom--
            (1) 10 Members shall be appointed upon the recommendation 
        of the minority leader as set forth below;
            (2) 1 Member he shall designate as chairman;
            (3) 1 Member he shall designate, upon the recommendation of 
        the minority leader, as vice chairman.
            (4) 4 Members shall sit on the Committee on the Judiciary, 
        of whom 2shall be appointed upon the recommendation of the 
        minority leader;
            (5) 4 Members shall sit on the Committee on International 
        Relations, of whom 2 shall be appointed upon the recommendation 
        of the minority leader;
            (6) 4 Members shall sit on the Permanent Select Committee 
        on Intelligence, of whom 2 shall be appointed upon the 
        recommendation of the minority leader;
            (7) 4 Members shall sit on the Committee on Government 
        Reform, of whom 2 shall be appointed upon the recommendation of 
        the minority leader; and
            (8) 4 Members shall sit on the Committee on Armed Services, 
        of whom 2 shall be appointed upon the recommendation of the 
        minority leader.
    (b) Vacancies.--Any vacancy occurring in the membership of the 
Select Committee shall be filled in the same manner in which the 
original appointment was made.
    (c) For purposes of this section, the term ``Member'' means any 
Representative in, or Delegate or Resident Commissioner to, the House 
of Representatives.

                       powers of select committee

    Sec. 4. (a) In General.--
            (1) Hearings and evidence.--The Select Committee or, on the 
        authority of the Select Committee, any subcommittee or member 
        thereof, may, for the purpose of carrying out this resolution--
                    (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 Select Committee or such designated 
                subcommittee or designated member may determine 
                advisable, including but not limited to--
                            (i) White House documents (e.g., memoranda, 
                        e-mails, notes of phone calls, handwritten 
                        notes);
                            (ii) Department of Defense documents;
                            (iii) Department of Justice materials;
                            (iv) Department of State documents;
                            (v) Central Intelligence Agency analyses;
                            (vi) Defense Intelligence Agency analyses;
                            (vii) National Security Council memoranda; 
                        and
                            (viii) Special Counsel Patrick Fitgzerald's 
                        notes, grand jury materials, and other evidence 
                        collected or created as part of the CIA leak 
                        investigation.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued 
                        under this section only--
                                    (I) by the agreement of the 
                                chairman and the vice chairman; or
                                    (II) by the affirmative vote of 10 
                                members of the Select Committee.
                            (ii) Signature.--Subject to clause (i), 
                        subpoenas issued under this subsection may be 
                        issued under the signature of the chairman or 
                        any member designated by a majority of the 
                        Select Committee, and may be served by any 
                        person designated by the chairman or by a 
                        member designated by a majority of the Select 
                        Committee.
                    (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 Select Committee 
                        may, by majority vote, 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 Select Committee may, to such extent and in 
such amounts as are provided in appropriation Acts, enter into 
contracts to enable the Select Committee to discharge its duties under 
this resolution.
    (c) Information From Federal Agencies.--
            (1) In general.--The Select Committee is authorized to 
        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 resolution. 
        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 select 
        committee, upon request made by the chairman, the chairman of 
        any subcommittee created by a majority of the Select Committee, 
        or any member designated by a majority of the Select Committee.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by members of the Select Committee 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 Select Committee on a 
        reimbursable basis administrative support and other services 
        for the performance of the Select Committee'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 Select 
        Committee such services, funds, facilities, staff, and other 
        support services as they may determine advisable and as may be 
        authorized by law.
    (e) Gifts.--The Select Committee may accept, use, and dispose of 
gifts or donations of services or property.
    (f) Postal Services.--The Select Committee may use the United 
States mails in the same manner and under the same conditions as 
departments and agencies of the United States.

                       administrative provisions

    Sec. 5. (a) Subject to the adoption of expenses resolutions as 
required by clause 5 of rule XI of the Rules of the House of 
Representatives, the Select Committee may incur expenses in connection 
with its functions under this resolution.
    (b) In carrying out its functions under this resolution, the Select 
Committee, is authorized to--
            (1) appoint, either on permanent basis or as experts or 
        consultants, such staff as the Select Committee considers 
        necessary;
            (2) prescribe the duties and responsibilities of such 
        staff;
            (3) fix the compensation of such staff at a single per 
        annum gross rate which does not exceed the highest rate of 
        basic pay, as in effect from time to time, of level V of the 
        Executive Schedule in section 5316 of title 5, United States 
        Code;
            (4) terminate the employment of any such staff as the 
        Select Committee considers appropriate; and,
            (5) reimburse members of the Select Committee and of its 
        staff for travel, subsistence, and other necessary expenses 
        incurred by them in the performance of their duties and 
        responsibilities for the Select Committee, other than expenses 
        in connection with any meeting of the Select Committee, or a 
        subcommittee thereof, held in the District of Columbia.
    (c) The Select Committee and all authority granted in this 
resolution shall expire 30 days after the filing of the report of the 
Select Committee with the House.

                      reports of select committee

    Sec. 6. (a) The Select Committee shall report to the House as soon 
as practicable during the present Congress, but not later than six 
months after the date of passage of this resolution, the results of its 
investigation and study, together with such recommendations as it deems 
advisable. The Select Committee shall report to the Committee on the 
Judiciary as soon as practicable during the present Congress, but not 
later than six months after the date of passage of this resolution, of 
any substantial and credible information which such Select Committee 
receives in carrying out its responsibilities that may constitute 
grounds for possible impeachment.
    (b) Any such report which is made when the House is not in session 
shall be filed with the Clerk of the House.
    (c) Any such report shall be referred to the committee or 
committees which have jurisdiction over the subject matter thereof.
    (d) The records, files, and materials of the Select Committee shall 
be transferred to the Clerk of the House but, if the report of the 
Select Committee is referred to only one committee under the provisions 
of subsection (c), the records, files, and materials of the Select 
Committee shall be transferred instead to the committee to which the 
final report is referred.
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