[House Report 108-413]
[From the U.S. Government Publishing Office]



108th Congress 
 2d Session             HOUSE OF REPRESENTATIVES         Report 108-413
                                                                 Part 4
_______________________________________________________________________
 
  REQUESTING THE PRESIDENT AND DIRECTING THE SECRETARY OF STATE, THE 
SECRETARY OF DEFENSE, AND THE ATTORNEY GENERAL TO TRANSMIT TO THE HOUSE 
    OF REPRESENTATIVES NOT LATER THAN 14 DAYS AFTER THE DATE OF THE 
    ADOPTION OF THIS RESOLUTION DOCUMENTS IN THE POSSESSION OF THE 
    PRESIDENT AND THOSE OFFICIALS RELATING TO THE DISCLOSURE OF THE 
              IDENTITY AND EMPLOYMENT OF MS. VALERIE PLAME

                               __________

                             ADVERSE REPORT

                                 of the

                      COMMITTEE ON ARMED SERVICES

                        HOUSE OF REPRESENTATIVES

                                   on

                              H. RES. 499




 February 27, 2004.--Referred to the House Calendar and ordered to be 
                                printed.
                   HOUSE COMMITTEE ON ARMED SERVICES
                      One Hundred Eighth Congress

                  DUNCAN HUNTER, California, Chairman
CURT WELDON, Pennsylvania            IKE SKELTON, Missouri
JOEL HEFLEY, Colorado                JOHN SPRATT, South Carolina
JIM SAXTON, New Jersey               SOLOMON P. ORTIZ, Texas
JOHN M. McHUGH, New York             LANE EVANS, Illinois
TERRY EVERETT, Alabama               GENE TAYLOR, Mississippi
ROSCOE G. BARTLETT, Maryland         NEIL ABERCROMBIE, Hawaii
HOWARD P. ``BUCK'' McKEON,           MARTY MEEHAN, Massachusetts
    California                       SILVESTRE REYES, Texas
MAC THORNBERRY, Texas                VIC SYNDER, Arkansas
JOHN N. HOSTETTLER, Indiana          JIM TURNER, Texas
WALTER B. JONES, North Carolina      ADAM SMITH, Washington
JIM RYUN, Kansas                     LORETTA SANCHEZ, California
JIM GIBBONS, Nevada                  MIKE McINTYRE, North Carolina
ROBIN HAYES, North Carolina          CIRO D. RODRIGUEZ, Texas
HEATHER WILSON, New Mexico           ELLEN O. TAUSCHER, California
KEN CALVERT, California              ROBERT A. BRADY, Pennsylvania
ROB SIMMONS, Connecticut             BARON P. HILL, Indiana
JO ANN DAVIS, Virginia               JOHN B. LARSON, Connecticut
ED SHROCK, Virginia                  SUSAN A. DAVIS, California
W. TODD AKIN, Missouri               JAMES R. LANGEVIN, Rhode Island
J. RANDY FORBES, Virginia            STEVE ISRAEL, New York
JEFF MILLER, Florida                 RICK LARSEN, Washington
JOE WILSON, South Carolina           JIM COOPER, Tennessee
FRANK A. LoBIONDO, New Jersey        JIM MARSHALL, Georgia
TOM COLE, Oklahoma                   KENDRICK B. MEEK, Florida
JEB BRADLEY, New Hambshire           MADELEINE Z. BORDALLO, Guam
ROB BISHOP, Utah                     RODNEY ALEXANDER, Louisiana
MICHAEL TURNER, Ohio                 TIM RYAN, Ohio
JOHN KLINE, Minnesota
CANDICE S. MILLER, Michigan
PHIL GINGREY, Georgia
MIKE ROGERS, Alabama
TRENT FRANKS, Arizona
                    Robert S. Rangel, Staff Director
                            C O N T E N T S

                              ----------                              
                                                                   Page
Purpose and Summary..............................................     1
Background.......................................................     2
Legislative History..............................................     3
Committee Position...............................................     4
Committee Cost Estimate..........................................     4
Oversight Findings...............................................     4
Constitutional Authority Statement...............................     4
Statement of Federal Mandates....................................     4
Record Votes.....................................................     4
108th Congress                                            Rept. 108-413
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 4

======================================================================


  REQUESTING THE PRESIDENT AND DIRECTING THE SECRETARY OF STATE, THE 
SECRETARY OF DEFENSE, AND THE ATTORNEY GENERAL TO TRANSMIT TO THE HOUSE 
    OF REPRESENTATIVES NOT LATER THAN 14 DAYS AFTER THE DATE OF THE 
    ADOPTION OF THIS RESOLUTION DOCUMENTS IN THE POSSESSION OF THE 
    PRESIDENT AND THOSE OFFICIALS RELATING TO THE DISCLOSURE OF THE 
              IDENTITY AND EMPLOYMENT OF MS. VALERIE PLAME

                                _______
                                

 February 27, 2004.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Hunter, from the Committee on Armed Services, submitted the 
                               following

                             ADVERSE REPORT

                       [To accompany H. Res. 499]

                  [Including Committee Cost Estimate]

    The Committee on Armed Services, to whom was referred the 
resolution (H. Res. 499) requesting the President and directing 
the Secretary of State, the Secretary of Defense, and the 
Attorney General to transmit to the House of Representatives 
not later than 14 days after the date of the adoption of this 
resolution documents in the possession of the President and 
those officials relating to the disclosure of the identity and 
employment of Ms. Valerie Plame, having considered the same, 
report unfavorably thereon without amendment and recommend that 
resolution not be agreed to.

                          PURPOSE AND SUMMARY

    House Resolution 499, introduced on January 21, 2004, by 
Congressman Rush Holt, requests the President and directs the 
Secretary of State, the Secretary of Defense, and the Attorney 
General to transmit to the House of Representatives not later 
than 14 days after the date of the adoption of the resolution 
all documents including telephone and electronic mail records, 
logs and calendars, personnel records, and records of internal 
discussions in the possession of the President and those 
officials relating to the disclosure of the identity of Ms. 
Valerie Plame as an employee of the Central Intelligence Agency 
during the period beginning on May 6, 2003, and ending on July 
31, 2003.
    Clause 7 of rule XIII of the Rules of the House of 
Representatives provides for a committee to report on a 
qualifying resolution of inquiry, such as H. Res. 499, within 
14 legislative days or a privileged motion to discharge the 
committee is in order. H. Res. 499 was introduced and referred 
to the Select Committee on Intelligence, and in addition 
referred to the Committees on Armed Services, International 
Relations, and the Judiciary on January 21, 2004.
    Under the rules and precedents of the House, a resolution 
of inquiry is one of the means by which the House may request 
information from the President of the United States or the head 
of one of the executive departments. It is a simple resolution 
making a direct request or demand of the President or head of 
an executive department to furnish the House of Representatives 
with specific factual information in the possession of the 
executive branch. It is not used to request opinions or to 
require an investigation on a subject.

                               BACKGROUND

    On July 14, 2003, syndicated columnist Robert Novak wrote a 
column questioning why Ambassador Joseph Wilson had been tasked 
with gathering information for the Bush Administration. Novak 
wrote, ``Wilson never worked for the CIA, but his wife, Valerie 
Plame, is an agency operative on weapons of mass destruction. 
Two senior administration officials told me his wife suggested 
sending Wilson to Niger to investigate the Italian report. The 
CIA says its counter-proliferation officials selected Wilson 
and asked his wife to contact him.'' \1\ Novak refused to 
identify his sources, but added additional detail about how he 
had learned of Plame's employment in an October 1, 2003, 
column:

    \1\ Robert Novak, ``The Mission to Niger,'' Chicago Sun-Times, 14 
July 2003, Editorial section, p. 31.

          During a long conversation with a senior 
        administration official, I asked why Wilson was 
        assigned the mission to Niger. He said Wilson had been 
        sent by the CIA's counterproliferation section at the 
        suggestion of one of its employees, his wife. It was an 
        offhand revelation from this official, who is no 
        partisan gunslinger. When I called another official for 
---------------------------------------------------------------------------
        confirmation, he said: ``Oh, you know about it.'' \2\

    \2\ Robert Novak, ``Columnist Wasn't Pawn for Leak,'' Chicago Sun-
Times, 1 October 2003, Editorial section, p. 49.

According to press reports, the CIA referred the matter to the 
Department of Justice after Novak's July 14, 2003, column based 
on the possibility that the revelation of Plame's employment 
status with the Central Intelligence Agency constituted a 
violation of the Intelligence Identities Protection Act of 1982 
(50 U.S.C. 421). This Act makes it a crime to intentionally 
disclose the identity of a covert agent by persons with access 
to classifiedinformation and foreknowledge that the government 
sought to protect the identity of that covert agent.
    According to press reports, the Department of Justice began 
an investigation in September 2003, which the White House 
spokesman confirmed on October 1, 2003. By that time, the 
Justice Department had contacted the White House and asked it 
to preserve and maintain documents under its control. On 
October 3, 2003, a White House spokesperson indicated that the 
Justice Department had asked the White House to produce 
certain, more specific materials as part of the investigation, 
including the kinds of materials that are the subject of H. 
Res. 499.
    On December 30, 2003, the Attorney General recused himself 
from the investigation to avoid an appearance of a conflict of 
interest. Prior to his recusal, the Attorney General, in 
discussions with Deputy Attorney General James Comey, concluded 
that it was appropriate to appoint an investigator from outside 
the Justice Department's normal chain of command in order to 
oversee the investigation. That decision fell to Deputy 
Attorney General Comey, who appointed U.S. Attorney for the 
Northern District of Illinois, Patrick Fitzgerald, to 
investigate the matter and act as a special counsel. Comey 
simultaneously delegated all necessary authorities to 
Fitzgerald to continue the investigation. As a sitting U.S. 
Attorney, Fitzgerald's investigatory authority exceeds that of 
a normal ``special counsel.'' He does not have to secure 
approval from the Attorney General in making his prosecutorial 
decisions and has all the investigatory tools normally 
available to a U.S. Attorney at his disposal, including the 
authority to interview witnesses, subpoena documents and 
testimony, and convene a grand jury. A recent news article has 
stated, ``Boxloads of documents have been forwarded to the FBI 
team, including White House phone logs and e-mails. More 
documents are being produced, as the contents of individual 
items sometimes lead agents to request additional materials. * 
* *'' \3\ According to press reports, Fitzgerald has since 
convened a Grand Jury to consider evidence in the 
investigation. In general, federal grand juries have sweeping 
investigative authorities to subpoena witnesses and documents 
identical to those identified in H. Res 499.
---------------------------------------------------------------------------
    \3\ Curt Anderson, ``Rove, McClellan among Officials Interviewed in 
CIA Leak Probe,'' Associated Press Newswires, 23 October 2003.
---------------------------------------------------------------------------
    Justice Department officials have discussed the process 
associated with the investigation on the record, but have 
refused to discuss any details of the investigation itself in 
order to preserve the integrity of a possible criminal 
prosecution. Deputy Attorney General Comey told the media, ``I 
can't tell you about the details of any criminal investigation 
because our goal is to make sure that anyone we're pursuing 
doesn't know what we're doing, and also, anyone who might not 
be charged with a crime is not unfairly smeared.'' \4\
---------------------------------------------------------------------------
    \4\ U.S. Deputy Attorney General James Comey and Assistant Attorney 
General Christopher Wray, Department of Justice Press Conference, 
Washington, D.C., 30 December 2003.
---------------------------------------------------------------------------
    In light of the ongoing criminal investigation, the 
committee concluded that transmittal of the materials 
identified in H. Res. 499 would undermine the investigation and 
possible criminal prosecution of any suspects believed to have 
committed a crime in the Plame matter. Therefore, the committee 
ordered the resolution to be reported adversely.

                          LEGISLATIVE HISTORY

    As noted above, H. Res. 499 was introduced on January 21, 
2004, and referred to the Select Committee on Intelligence, and 
in addition to the Committees on Armed Services, International 
Relations, and the Judiciary. On January 28, 2004, the Select 
Committee on Intelligence reported adversely the resolution by 
a record vote of 10 ayes, three noes, and one present. The 
resolution was reported adversely by the Committee on the 
Judiciary on February 25, 2004, by a record vote of 17 ayes and 
8 noes, and by the Committee on International Relations on 
February 25, 2004, by a record vote of 24 ayes to 22 noes.
    On February 25, 2004, the Committee on Armed Services held 
a mark-up session to consider H. Res. 499. The committee 
reported adversely the resolution by a record vote of 30 ayes 
to 23 noes.

                           COMMITTEE POSITION

    On February 25, 2004, the Committee on Armed Services met 
in open session and reported adversely the resolution H. Res. 
499 to the House by a record vote of 30 ayes to 23 noes, a 
quorum being present.

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d) of rule XIII of the Rules of the 
House of Representatives, the committee estimates the costs of 
implementing the resolution would be minimal. The Congressional 
Budget Office did not provide a cost estimate for the 
resolution.

                           OVERSIGHT FINDINGS

    With respect to clause 3(c)(1) of rule XIII of the Rules of 
the House of Representatives, the committee reports that the 
findings and recommendations of the committee, based on 
oversight activities pursuant to clause 2(b)(1) of rule X, are 
incorporated in the descriptive portions of this report.
    With respect to clause 3(c)(2) of rule XIII of the Rules of 
the House of Representatives and section 308(a)(1) of the 
Congressional Budget Act of 1974, this legislation does not 
include any new spending or credit authority, nor does it 
provide for any increase or decrease in tax revenues or 
expenditures.
    With respect to clause 3(c)(4) of rule XIII of the Rules of 
the House of Representatives, performance goals and objectives 
can not be explained, because the resolution does not require 
any new funding.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the committee finds that the rule 
does not apply because H. Res. 499 is not a bill or joint 
resolution that may be enacted into law.

                     STATEMENT OF FEDERAL MANDATES

    Pursuant to section 423 of Public Law 104-4, this 
legislation contains no federal mandates with respect to state, 
local, and tribal governments, nor with respect to the private 
sector. Similarly, the resolution provides no unfunded federal 
intergovernmental mandates.

                              RECORD VOTES

    In accordance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the committee sets forth the 
following record vote that occurred during the committee's 
consideration of H. Res. 499.


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