[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 779 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. RES. 779
Enforcing the Constitution's separation of powers and the congressional
prerogative of disclosure under the speech or debate clause by
directing the Chairman and ranking minority member of the Permanent
Select Committee on Intelligence of the House of Representatives to
publish in the Congressional Record the 28-page chapter which was
redacted from the December 2002 Final Report of the Joint Inquiry into
Intelligence Community Activities Before and After the Terrorist
Attacks of September 11, 2001.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 2016
Mr. Jones (for himself, Mr. Massie, and Mr. Lynch) submitted the
following resolution; which was referred to the Committee on Rules
_______________________________________________________________________
RESOLUTION
Enforcing the Constitution's separation of powers and the congressional
prerogative of disclosure under the speech or debate clause by
directing the Chairman and ranking minority member of the Permanent
Select Committee on Intelligence of the House of Representatives to
publish in the Congressional Record the 28-page chapter which was
redacted from the December 2002 Final Report of the Joint Inquiry into
Intelligence Community Activities Before and After the Terrorist
Attacks of September 11, 2001.
Whereas in December 2002, the Joint Inquiry into Intelligence Community
Activities Before and After the Terrorist Attacks of September 11, 2001,
chaired by then Representative Porter Goss (R-FL) and then Senator Bob
Graham (D-FL) issued a Final Report, from which a 28-page chapter was
redacted and classified allegedly to protect intelligence sources and
methods;
Whereas according to the Joint Inquiry, the redacted pages detail ``specific
sources of foreign support for some of the September 11th hijackers
while they were in the United States'';
Whereas Senator Graham has described this 28-page chapter as a ``smoking gun''
that implicates Saudi Arabia in financing Saudi nationals complicit in
the 9/11 international terrorist murders while residing in San Diego;
Whereas this 28-page chapter is a congressional document and thereby the
property of Congress, a fact confirmed by the Central Intelligence
Agency in responding by letter to a Mandatory Declassification Review
request on September 21, 2011, stating, ``The U.S. Congress is the
`owner' of this document. . . .'';
Whereas the Constitution's separation of powers doctrine prohibits the President
from classifying congressional documents or seeking to prevent Congress
from disclosing congressional materials to the American people;
Whereas there is substantial precedent for this resolution, such as the example
of the Senate Select Committee to Study Government Operations with
Respect to Intelligence Activities (``Church Committee''), which in
November 1975 published a report on ``Alleged Assassination Plots
Involving Foreign Leaders'';
Whereas, on October 31, 1975, President Gerald R. Ford argued to the Church
Committee that, ``It is my opinion that public disclosure now of
information . . . concerning allegations of political assassination
activities of the United States Government will result in grievous harm
to the national interest . . . .'', but Chairman Frank Church rejoined
in defense of publication that ``the national interest is better served
by letting the American people know the true and complete story. A basic
tenet of our democracy is that the people must be told the mistakes of
their government so that they may have the opportunity to correct
them.'', and history proved President Ford wrong and Chairman Church
right;
Whereas the United States Supreme Court in Gravel v. United States, 408 U.S. 606
(1972), upheld the constitutional prerogative of Members of Congress or
committees of Congress to disclose classified information under the
speech or debate clause of article I, section 6, clause 1 in the
exercise of their oversight duties;
Whereas the Chairman and ranking minority member of the Permanent Select
Committee on Intelligence of the House of Representatives,
Representative Devin Nunes (R-CA) and Representative Adam Schiff (D-CA),
who have jurisdiction of the issue, support declassification and
publication of this 28-page chapter to the American people;
Whereas an ambassador and Foreign Minister of Saudi Arabia have urged
declassification and publication of this 28-page chapter;
Whereas former co-chair of the Senate Select Committee on Intelligence, Richard
Shelby (R-Ala) has stated as regards to this 28-page chapter: ``I . . .
read every one of those pages thoroughly. My judgment is that 95 percent
of that information should be declassified and become uncensored so the
American people would know.'';
Whereas President George Washington in his Farewell Address warned against
paying ``habitual'' homage toward any foreign nation;
Whereas declassification and disclosure of this 28-page chapter might prompt
Congress to alter the foreign policy of the United States toward Saudi
Arabia;
Whereas the American people demand justice and deserve to know the full story
regarding the September 11, 2001, terrorist attacks;
Whereas the families of the murdered victims and the survivors of the September
11, 2001, terrorist attacks deserve full and public disclosure of the
entirety of the results of the Joint Inquiry Into Intelligence Community
Activities Before and After the Terrorist Attacks of September 11, 2001,
which was undertaken by Congress on behalf of and for the protection of
the American people;
Whereas sunshine is said to be the best of disinfectants;
Whereas Government by the consent of the governed subordinates secrecy to
transparency; and
Whereas justice and truth must prevail over the embarrassment or protection of
enemies of the American people that aided, abetted, or materially
assisted the gruesome international terrorist murders of 9/11: Now,
therefore, be it
Resolved, That not later than 7 days after the date of the adoption
of this resolution, the Chairman and ranking minority member of the
Permanent Select Committee on Intelligence of the House of
Representatives shall publish in the Congressional Record the 28-page
chapter which was redacted from the December 2002 Final Report of the
Joint Inquiry into Intelligence Community Activities Before and After
the Terrorist Attacks of September 11, 2001.
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