[Congressional Record Volume 160, Number 21 (Tuesday, February 4, 2014)]
[Senate]
[Pages S765-S767]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 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

  Mr. McCAIN submitted the following resolution; which was referred to 
the Committee on Rules and Administration:

       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

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     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.--

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       (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.
  Mr. McCAIN. Mr. President, since June of 2013, there have been steady 
and persistent unauthorized disclosures of apparently classified 
information regarding the activities and practices of the National 
Security Agency, NSA. These disclosures have caused grave damage to the 
United States. They have harmed our relations with friends and allies 
and harmed our ability to combat threats to the United States. They 
have also undermined public support for U.S. intelligence programs by 
casting doubt on the candor of key officials, the permissibility of the 
NSA's activities, the efficacy of the government's oversight, and 
whether legitimate privacy interests are properly taken into account in 
connection with important surveillance activities.
  Last month, the President proposed some changes to how our Nation 
conducts certain intelligence collection activities. But the 
President's proposals left many crucial questions unanswered. Now is 
the time for Congress to improve how it executes its constitutional 
oversight duties--to examine certain intelligence collection activities 
and practices and ensure that we are fulfilling our obligation to 
protect both the security of our Nation and the freedom of our 
citizens.
  The vital issues at stake here are complex, broad, and cut across 
many areas of jurisdiction of established congressional committees, 
including national security, intelligence, technology, commerce, 
foreign affairs, and privacy. For these reasons, today I am introducing 
legislation calling for the establishment of a Senate Select Committee 
to investigate how these leaks occurred and to make findings and 
recommendations for legislation to address these issues which are vital 
to American national security.

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