[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 343 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. RES. 343
Establishing a Select Committee of the Senate to make a full and
thorough investigation of the unauthorized disclosures of apparently
classified information concerning the National Security Agency
intelligence-collection programs, operations, and activities, including
programs affecting Americans, to make findings based upon the
investigation, and to make recommendations based on the investigation
and findings.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 4, 2014
Mr. McCain submitted the following resolution; which was referred to
the Committee on Rules and Administration
_______________________________________________________________________
RESOLUTION
Establishing a Select Committee of the Senate to make a full and
thorough investigation of the unauthorized disclosures of apparently
classified information concerning the National Security Agency
intelligence-collection programs, operations, and activities, including
programs affecting Americans, to make findings based upon the
investigation, and to make recommendations based on the investigation
and findings.
Whereas since June 2013, publications have revealed details about certain
National Security Agency intelligence-collection programs, operations,
and activities, including intelligence-collection programs affecting
Americans;
Whereas such publications appear to be based in substantial part on unauthorized
disclosures of classified information concerning intelligence
collection;
Whereas the unauthorized disclosure of classified information is a felony under
Federal law;
Whereas the National Security Agency relies on Federal agency contractors to
carry out important aspects of its national security mission;
Whereas the extent of reliance on contract positions may unwisely increase the
number of individuals with potential access to classified information
and may increase the risk of unauthorized disclosures;
Whereas such unauthorized disclosures may cause damage to United States national
security interests, intelligence sources and methods, and relationships
with key allies;
Whereas senior officials in the intelligence community may have misled Congress
or otherwise obfuscated the nature, extent, or use of certain
intelligence-collection programs, operations, and activities of the
National Security Agency, including intelligence-collection programs
affecting Americans;
Whereas the provision of incomplete or inaccurate information by officials of
the intelligence community has inhibited effective congressional
oversight of certain intelligence-collection programs, operations, and
activities of the National Security Agency, including intelligence-
collection programs affecting Americans, and undermined congressional
and public support of these programs;
Whereas intelligence-collection programs, operations, and activities of the
National Security Agency have been valuable to combating terrorism and
ensuring the security of the homeland;
Whereas some such programs, operations, and activities that are the subject
matter of the unauthorized disclosures may not have been authorized, or
may have exceeded that which was authorized, by law, or may not have
been permitted under the Constitution of the United States; and
Whereas a Review Group on Intelligence and Communications Technologies was
established by the President and issued a final report entitled
``Liberty and Security in a Changing World'' on December 12, 2013: Now,
therefore, be it
Resolved,
SECTION 1. ESTABLISHMENT OF SELECT COMMITTEE ON INVESTIGATION.
There is established a select committee of the Senate to be known
as the Select Committee on the Investigation of leaks concerning
certain activities of the National Security Agency (hereinafter in this
Resolution referred to as the ``Select Committee'').
SEC. 2. FUNCTIONS AND DUTIES.
(a) General Duties.--The Select Committee is authorized and
directed--
(1) to make a full and thorough investigation of the
unauthorized disclosures that have occurred since June 2013 of
apparently classified information concerning the National
Security Agency intelligence-collection programs, operations,
and activities, including intelligence-collection programs
affecting Americans;
(2) to make findings based upon the investigation carried
out under paragraph (1);
(3) to submit to Congress and the President recommendations
based on the investigation carried out under paragraph (1) and
the findings made under paragraph (2); and
(4) to take any actions necessary and appropriate to carry
out paragraphs (1), (2), and (3).
(b) Particular Duties.--Without abridging in any way the authority
conferred upon the Select Committee in subsection (a), the Senate
further expressly authorizes and directs the Select Committee to make a
complete investigation and make findings and recommendations related to
the following:
(1) The unauthorized disclosures of apparently classified
information concerning the National Security Agency
intelligence-collection programs, operations, and activities,
including intelligence-collection programs affecting Americans
that have occurred since June 2013, including--
(A) the circumstances under which unauthorized
disclosure occurred;
(B) the extent of the damage done to United States
national security interests, intelligence sources and
methods, and relationships with key allies; and
(C) how such damage may be mitigated.
(2) Contracting by the National Security Agency, in
particular--
(A) the extent of reliance by the Agency on
contract employees to carry out important aspects of
the national security mission of the Agency;
(B) the extent to which contractors with access to
classified information were properly vetted;
(C) the sufficiency of internal controls to ensure
only properly cleared contractors with a need to know
had access to classified information;
(D) whether adequate remedial measures have been
put in place to address identified deficiencies in the
foregoing areas; and
(E) whether any oversight or legislation is needed
to reform any issues identified by the use of Federal
contractors in the intelligence agencies.
(3) The nature and scope of National Security Agency
intelligence-collection programs, operations, and activities,
including intelligence-collection programs affecting Americans,
that were the subject matter of the unauthorized disclosure,
including--
(A) the extent of domestic surveillance authorized
by law;
(B) the legal authority that served as the basis
for the National Security Agency intelligence-
collection programs, operations, and activities that
are the subject matter of those disclosures;
(C) the extent to which such programs, operations,
and activities that were the subject matter of such
unauthorized disclosures may have gone beyond what was
authorized by law or permitted under the Constitution
of the United States;
(D) the extent and sufficiency of oversight of such
programs, operations, and activities by Congress and
the Executive Branch; and
(E) the need for greater transparency and more
effective congressional oversight of intelligence
community activities.
(4) Whether existing laws of the United States are
adequate, either in their provisions or manner of enforcement,
to safeguard the rights and privacies of citizens of the United
States.
(5) The terrorist activities that were disrupted, in whole
or in part, with the aid of information obtained through the
National Security Agency intelligence-collection programs,
operations, and activities that were the subject matter of
those disclosures and whether this information could have been
promptly obtained by other means.
(6) The findings and recommendations of the Review Group on
Intelligence and Communications Technologies established by the
President, including--
(A) the feasibility, costs, and benefits of such
findings and recommendations; and
(B) the legislative action that would be required
to implement those findings and recommendations.
(7) The need for specific legislative authority to govern
the operations of the intelligence collection activities and
practices of the National Security Agency, including
recommendations and proposals for legislation.
SEC. 3. MEMBERSHIP.
(a) In General.--Subject to subsection (b), the Select Committee
shall be composed of 14 members as follows:
(1) The chairman and vice chairman of the Select Committee
on Intelligence of the Senate.
(2) The chairman and ranking member of the Committee on
Armed Services of the Senate.
(3) The chairman and ranking member of the Committee on
Homeland Security and Governmental Affairs of the Senate.
(4) The chairman and ranking member of the Committee on
Foreign Relations of the Senate.
(5) The chairman and ranking member of the Committee on the
Judiciary of the Senate.
(6) The chairman and ranking member of the Committee on
Commerce, Science, and Transportation of the Senate.
(7) One Senator selected by the majority leader of the
Senate.
(8) One Senator selected by the minority leader of the
Senate.
(b) Alternative Membership.--If the chairman, vice chairman, or
ranking member of a committee referred to in paragraphs (1) through (6)
of subsection (a) declines to serve on the Select Committee, then the
majority leader of the Senate in the case of a chairman, or the
minority leader of the Senate in the case of a vice chairman or ranking
member, shall designate a member from that committee to serve on the
Select Committee.
(c) Date.--The appointments of the members of the Select Committee
shall be made not later than 30 days after the date of adoption of this
Resolution.
(d) Vacancies.--Any vacancy in the Select Committee shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(e) Chairman and Vice Chairman.--
(1) Chairman.--The members of the Select Committee who are
members of the majority party of the Senate shall elect a
chairman for the Select Committee by majority vote.
(2) Vice chairman.--The members of the Select Committee who
are members of the minority party of the Senate shall elect a
vice chairman by majority vote.
(f) Service.--Service of a Senator as a member, chairman, or vice
chairman of the Select Committee shall not be taken into account for
the purposes of paragraph (4) of rule XXV of the Standing Rules of the
Senate.
SEC. 4. RULES.
(a) Governance Under Standing Rules of Senate.--Except as otherwise
specifically provided in this Resolution, the investigation and
hearings conducted by the Select Committee shall be governed by the
Standing Rules of the Senate.
(b) Additional Rules and Procedures.--The Select Committee may
adopt additional rules or procedures if the chairman and the vice
chairman of the Select Committee agree, or if the Select Committee by
majority vote so decides, that such additional rules or procedures are
necessary or advisable to enable the Select Committee to conduct the
investigation and hearings authorized by this Resolution. Any such
additional rules and procedures--
(1) shall not be inconsistent with this Resolution or the
Standing Rules of the Senate; and
(2) shall become effective upon publication in the
Congressional Record.
SEC. 5. AUTHORITIES.
(a) In General.--The Select Committee may exercise all of the
powers and responsibilities of a committee under rule XXVI of the
Standing Rules of the Senate.
(b) Powers.--The Select Committee may, for the purpose of carrying
out this Resolution--
(1) hold hearings;
(2) administer oaths;
(3) sit and act at any time or place during the sessions,
recess, and adjournment periods of the Senate;
(4) authorize and require, by issuance of subpoena or
otherwise, the attendance and testimony of witnesses and the
preservation and production of books, records, correspondence,
memoranda, papers, documents, tapes, and any other materials in
whatever form the Select Committee considers advisable;
(5) take testimony, orally, by sworn statement, by sworn
written interrogatory, or by deposition, and authorize staff
members to do the same; and
(6) issue letters rogatory and requests, through
appropriate channels, for any other means of international
assistance.
(c) Authorization, Issuance, and Enforcement of Subpoenas.--
(1) Authorization.--Subpoenas authorized and issued under
this section--
(A) may be done with the joint concurrence of the
chairman and the vice chairman of the Select Committee;
(B) shall bear the signature of the chairman or the
vice chairman of the Select Committee or the designee
of such chairman or vice chairman; and
(C) shall be served by any person or class of
persons designated by the chairman or the vice chairman
of the Select Committee for that purpose anywhere
within or without the borders of the United States to
the full extent provided by law.
(d) Enforcement.--The Select Committee may make to the Senate by
report or Resolution any recommendation, including a recommendation for
criminal or civil enforcement, that the Select Committee considers
appropriate with respect to--
(1) the failure or refusal of any person to appear at a
hearing or deposition or to produce or preserve documents or
materials described in subsection (b)(4) in obedience to a
subpoena or order of the Select Committee;
(2) the failure or refusal of any person to answer
questions truthfully and completely during the person's
appearance as a witness at a hearing or deposition of the
Select Committee; or
(3) the failure or refusal of any person to comply with any
subpoena or order issued under the authority of subsection (c).
(e) Access to Information.--The Select Committee shall have, to the
fullest extent permitted by law, access to any such information or
materials obtained by any other department or agency of the United
States or by anybody investigating the matters described in section 3.
(f) Authority of Other Committees.--Nothing contained in this
section shall affect or impair the exercise of any other standing
committee of the Senate of any power, or the discharge by such
committee of any duty, conferred or imposed upon it by the Standing
Rules of the Senate or by the Legislative Reorganization Act of 1946
(60 Stat. 812, chapter 753).
(g) Quorum.--
(1) Reports and recommendations.--A majority of the members
of the Select Committee shall constitute a quorum for the
purpose of reporting a matter or recommendation to the Senate.
(2) Testimony.--One member of the Select Committee shall
constitute a quorum for the purpose of taking testimony.
(3) Other business.--A majority of the members of the
Select Committee shall constitute a quorum for the purpose of
conducting any other business of the Select Committee.
(h) Security Clearances.--Each member of the Select Committee shall
have an appropriate security clearance.
(i) Violations of Law.--
(1) Reports of violation of law.--If the chairman and vice
chairman of the Select Committee, or a majority of the Select
Committee determine that there is reasonable cause to believe
that a violation of law may have occurred, the chairman and
vice chairman by letter, or the Select Committee by resolution,
are authorized to report such violation to the proper Federal,
State, or local authorities. Any such letter or report may
recite the basis for the determination of reasonable cause.
(2) Construction.--Nothing in this subsection may be
construed to authorize the release of documents or testimony.
(j) Recommendations.--The Select Committee shall have authority to
make recommendations for appropriate new legislation or the amendment
of any existing statute which the Select Committee considers necessary
or desirable to carry out this Resolution.
SEC. 6. REPORTS.
(a) Requirement for Report.--Not later than 180 days after the
appointment of members to the Select Committee, the Select Committee
shall submit to the Senate and the President a final report on the
results of the investigations and studies conducted pursuant to this
Resolution, together with any recommendations for Congress and the
President based on the investigation and findings of the Select
Committee.
(b) Interim Reports.--The Select Committee may submit to the Senate
such interim reports as the Select Committee considers appropriate.
(c) Form of Reports.--Each report submitted under this section
shall be submitted in unclassified form to the greatest extent
possible, and may include a classified annex if necessary.
SEC. 7. ADMINISTRATIVE PROVISIONS.
(a) Staff.--
(1) In general.--The Select Committee may employ in
accordance with paragraph (2) a staff composed of such
clerical, investigatory, legal, technical, and other personnel
as the Select Committee, or the chairman and the vice chairman
of the Select Committee, considers necessary or appropriate.
(2) Appointment of staff.--The staff of the Select
Committee shall consist of such personnel as the chairman and
the vice chairman shall jointly appoint. Such staff may be
removed jointly by the chairman and the vice chairman, and
shall work under the joint general supervision and direction of
the chairman and the vice chairman.
(b) Compensation.--The chairman and the vice chairman of the Select
Committee shall jointly fix the compensation of all personnel of the
staff of the Select Committee.
(c) Reimbursement of Expenses.--The Select Committee may reimburse
the members of its staff for travel, subsistence, and other necessary
expenses incurred by such staff members in the performance of their
functions for the Select Committee.
(d) Services of Senate Staff.--The Select Committee may use, with
the prior consent of the chair of any other committee of the Senate or
the chair of any subcommittee of any committee of the Senate, the
facilities of any other committee of the Senate, or the services of any
members of the staff of such committee or subcommittee, whenever the
Select Committee or the chairman or the vice chairman of the Select
Committee considers that such action is necessary or appropriate to
enable the Select Committee to carry out its responsibilities, duties,
or functions under this Resolution.
(e) Detail of Employees.--The Select Committee may use on a
reimbursable basis, with the prior consent of the head of the
department or agency of Government concerned and the approval of the
Committee on Rules and Administration of the Senate, the services of
personnel of such department or agency.
(f) Temporary and Intermittent Services.--The Select Committee may
procure the temporary or intermittent services of individual
consultants, or organizations thereof.
(g) Payment of Expenses.--There shall be paid out of the applicable
accounts of the Senate such sums as may be necessary for the expenses
of the Select Committee. Such payments shall be made by vouchers signed
by the Chair of the Select Committee and approved in the manner
directed by the Committee on Rules and Administration of the Senate.
Amounts made available under this subsection shall be expended in
accordance with regulations prescribed by the Committee on Rules and
Administration of the Senate.
SEC. 8. DEFINITIONS.
In this Resolution:
(1) Classified information.--The term ``classified
information'' has the meaning given that term in section 804 of
the National Security Act of 1947 (50 U.S.C. 3164)).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
SEC. 9. EFFECTIVE DATE; TERMINATION.
(a) Effective Date.--This Resolution shall take effect on the date
of the adoption of this Resolution.
(b) Termination.--The Select Committee shall terminate 60 days
after the submittal of the report required by section 6(a).
(c) Disposition of Records.--Upon termination of the Select
Committee, the records of the Select Committee shall become the records
of any committee designated by the majority leader of the Senate with
the concurrence of the minority leader of the Senate.
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