[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 383 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. RES. 383

   Establishing a select committee to review national security laws, 
                        policies, and practices.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2009

   Ms. Lee of California (for herself, Mr. Wexler, and Mr. Conyers) 
submitted the following resolution; which was referred to the Committee 
                                on Rules

_______________________________________________________________________

                               RESOLUTION


 
   Establishing a select committee to review national security laws, 
                        policies, and practices.

Whereas the Patriot Act gave the Government the authority to spy on and collect 
        information about innocent Americans;
Whereas the National Security Agency spied on Americans for seven years without 
        a warrant in violation of the Foreign Intelligence Surveillance Act and 
        the Fourth Amendment;
Whereas the FISA Amendments Act authorized the Government to collect the content 
        of communications coming into and out of the United States without an 
        individualized order and without any suspicion of wrongdoing;
Whereas Congress has amended our surveillance laws many times since the tragedy 
        of September 11 yet has not received meaningful information about how 
        these new authorities have been used;
Whereas there is no public information about how any of these powerful 
        surveillance tools are currently being used;
Whereas the three provisions of the Patriot Act will be sunsetting on December 
        31, 2009, and Congress will need to review and amend the surveillance 
        laws this year;
Whereas the United States has Federal laws, including Federal criminal laws, 
        that prohibit the torture, or cruel, inhuman, or degrading treatment of 
        any person in the custody of, or under the control of, the Federal 
        Government;
Whereas in contravention of Federal laws against torture and abuse, and 
        beginning as early as spring of 2002, the Federal Government began to 
        use torture and abuse during the detention and interrogation of its 
        detainees, and to transfer detainees to countries that historically have 
        used torture and abuse during interrogation and detention;
Whereas important decisions on the development and implementation of United 
        States policy on interrogations and detention were made by top White 
        House officials, including presidential directives to set up CIA 
        detention practices, attempting to bar the application of the 
        protections of the Geneva Conventions to certain detainees, and former 
        President George W. Bush's public acknowledgement that he knew his top 
        advisors were meeting to plan and approve interrogations and that he 
        ``approved it'';
Whereas despite the deliberate efforts by top Government officials to hide the 
        use of torture and abuse by barring the International Committee of the 
        Red Cross from visiting detainees held in a secret CIA prison network, 
        destroying 92 videotapes of interrogations, and refusing to provide, 
        even to important standing committees of Congress, key legal memorandums 
        that reportedly were written to try to justify torture and abuse, more 
        than 100,000 pages of already released Government interrogation and 
        detention documents show a deliberate and systematic program of 
        Government-ordered torture and abuse;
Whereas a select committee of the House of Representatives would bring together 
        the expertise and oversight commitment of the committees that have 
        already worked countless hours to determine the truth of what happened;
Whereas a select committee would be able to take a broad look at White House 
        decisions and the role of many departments and agencies, including 
        contractors, in the interrogation and detention practices, without 
        having any jurisdictional limitations; and
Whereas a select committee will bring members of the relevant standing 
        committees together with a dedicated staff to provide intensive 
        investigation, oversight, and recommendation that cannot be accomplished 
        by the committees of jurisdiction working piecemeal: Now, therefore, be 
        it
    Resolved,

SECTION 1. ESTABLISHMENT.

    There is hereby established a select committee to review national 
security laws, policies, and practices (hereinafter referred to as the 
``select committee'').

SEC. 2. JURISDICTION; FUNCTIONS.

    (a) Legislative Jurisdiction.--The select committee shall not have 
legislative jurisdiction and shall have no authority to take 
legislative action on any bill or resolution.
    (b) Investigative Jurisdiction.--The select committee shall study 
and make recommendations about the effectiveness of past and present 
United States law enforcement, national security and intelligence 
activities and the extent, if any, to which unlawful, improper or 
unauthorized activities were engaged in by or on behalf of any Federal, 
State, or local government official, including--
            (1) the effectiveness and efficiency of past and present 
        law enforcement, and national security and intelligence 
        policies, programs, and activities;
            (2) the development and implementation of policies or 
        practices regarding the capture, detention, transfer, extra-
        judicial rendition, and treatment of individuals by United 
        States Armed Forces, law enforcement and the United States 
        intelligence community, including policies intended to conceal 
        the fact that a person has been detained by, or at the direct 
        request of, the United States;
            (3) the development and implementation of policies or 
        practices regarding domestic surveillance activities, or the 
        surveillance of United States persons abroad;
            (4) the adequacy of past and present congressional 
        oversight mechanisms and impediments to access to information 
        necessary to conduct proper oversight; and
            (5) such other related matters as the committee deems 
        necessary to carry out its responsibilities.

SEC. 3. COMPOSITION.

    The select committee shall be composed of 7 members appointed by 
the Speaker, of whom 3 shall be appointed upon the recommendation of 
the minority leader. The Speaker shall designate one member of the 
select committee as its chairman. A vacancy in the membership of the 
select committee shall be filled in the same manner as the original 
appointment.

SEC. 4. PROCEDURE.

    (a) Rules X and XI of the Rules of the House of Representatives 
shall apply to the select committee where not inconsistent with this 
resolution.
    (b) The select committee is authorized to--
            (1) require by subpoena or otherwise the attendance and 
        testimony of any person (including at a taking of a deposition 
        by counsel or consultant of the committee), and the production 
        of such things; and
            (2) adopt a rule regulating the taking of depositions by a 
        member, counsel, or consultant of the committee, including 
        pursuant to subpoena.

SEC. 5. REPORTING.

    The select committee shall report to the House from time to time 
the results of its investigations and studies as it may deem advisable. 
At least one public report shall be filed with the House not later than 
December 31, 2009, and shall include legislative recommendations based 
on its findings.

SEC. 6. ADMINISTRATIVE PROVISIONS.

    (a) Expenses.--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.
    (b) Staff and Travel.--In carrying out its functions under this 
resolution, the select committee may--
            (1) appoint, either on a permanent basis or as experts or 
        consultants, any staff that the select committee considers 
        necessary;
            (2) prescribe the duties and responsibilities of the staff;
            (3) fix the compensation of the 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 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;
            (5) reimburse members of the select committee and its staff 
        for travel, subsistence, and other necessary expenses incurred 
        by them in the performance of their functions for the select 
        committee, other than expenses in connection with any meeting 
        of the select committee held in the District of Columbia; and
            (6) obtain detailees or staff from the executive or 
        legislative branch of the Government, who shall be deemed staff 
        of the select committee.

SEC. 7. DISSOLUTION AND WINDUP OF AFFAIRS.

    The select committee shall cease to exist on December 31, 2010.

SEC. 8. DISPOSITION OF RECORDS.

    Upon dissolution of the select committee, its records shall become 
records of such standing committee or committees as the Speaker may 
designate.
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