Creates the Independent Commission on Intelligence about Iraq. Gives the Commission responsibility for: (1) evaluating executive branch intelligence collection, assessment, and representations concerning the threats posed by Iraq; (2) evaluating the effectiveness of collaborative arrangements between the United States and others in assessing such threats; (3) examining the extent to which Congress has imposed restrictions that have hampered the efforts of the intelligence community; (4) reviewing the work of other investigations; and (5) reporting its findings, conclusions, and recommendations to Congress and the President.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2625 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2625
To establish the Independent Commission on Intelligence about Iraq.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2003
Mr. Waxman (for himself, Mr. Frost, Mr. Kind, Mr. Ackerman, Ms.
Berkley, Mr. Carson of Oklahoma, Mr. Davis of Florida, Mr. Dooley of
California, Mr. Engel, Mr. Etheridge, Mr. Ford, Mr. Hill, Mr. Israel,
Mr. Lynch, Mrs. Maloney, Mr. Markey, Mr. Meehan, Mr. Pascrell, Ms.
Schakowsky, Mr. Schiff, Mr. Sherman, Mrs. Tauscher, Mr. Weiner, and Mr.
Wexler) introduced the following bill; which was referred to the Select
Committee on Intelligence (Permanent Select)
_______________________________________________________________________
A BILL
To establish the Independent Commission on Intelligence about Iraq.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the Independent
Commission on Intelligence about Iraq (in this Act referred to as the
``Commission'').
SEC. 2. DUTIES.
The Commission shall carry out the following duties:
(1) Examine and evaluate executive branch efforts to
collect intelligence regarding the threats posed by Iraq,
including Iraq's attempts to reconstitute its nuclear weapons
program, develop and deploy chemical and biological weapons,
and provide support for al Qaeda and other terrorist
organizations.
(2) Examine and evaluate executive branch efforts to assess
the credibility and accuracy of intelligence regarding such
threats, including the interpretation and conclusions developed
by the intelligence community regarding such threats.
(3) Examine and evaluate public representations and
representations to Congress made by executive branch officials
regarding such threats, including assessing the accuracy and
completeness of such representations.
(4) Examine and evaluate the effectiveness of collaborative
arrangements between the United States and other countries and
international organizations in collecting, assessing, and
interpreting such threats.
(5) Examine the extent to which Congress has imposed
restrictions on the collection of intelligence that have
limited the ability of the intelligence community to obtain
complete and accurate intelligence regarding such threats, and
evaluate whether the benefits of those restrictions outweigh
the costs.
(6) Review the findings, conclusions, and recommendations
of other congressional, executive branch, or independent
commission investigations, in a manner to build upon such
related investigations and to avoid unnecessary duplication.
(7) Report to Congress and the President on its findings
and conclusions, as well as make recommendations to Congress
and the President on measures that can be taken to enhance the
accuracy of intelligence and the accuracy of representations of
such intelligence.
SEC. 3. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 1 member shall be appointed by the President, who shall
serve as chairman of the Commission;
(2) 1 member shall be jointly appointed by the minority
leader of the Senate and the minority leader of the House of
Representatives, who shall serve as vice chairman of the
Commission;
(3) 2 members shall be appointed by the majority leader of
the Senate;
(4) 2 members shall be appointed by the Speaker of the
House of Representatives;
(5) 2 members shall be appointed by the minority leader of
the Senate; and
(6) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Qualifications; Initial Meeting.--
(1) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(2) Other qualifications.--Individuals that shall be
appointed to the Commission should be prominent United States
citizens, with national recognition and significant depth of
experience in such professions as governmental service, law
enforcement, the armed services, law, public administration,
intelligence gathering, commerce (including aviation matters),
and foreign affairs.
(3) Deadline for appointment.--All members of the
Commission shall be appointed within 45 days following the
enactment of this Act.
(4) Meetings.--The Commission shall meet and begin the
operations of the Commission as soon as practicable. After its
initial meeting, the Commission shall meet upon the call of the
chairman or a majority of its members.
(c) Quorum; Vacancies.--Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the original
appointment was made.
(d) Conflicts of Interest.--Each member appointed to the Commission
shall submit a financial disclosure report pursuant to the Ethics in
Government Act of 1978, notwithstanding the minimum required rate of
compensation or time period employed.
SEC. 4. POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this title--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, administer such oaths; and
(B) subject to paragraph (2)(A), require, by
subpoena or otherwise, the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, memoranda, papers, and
documents,
as the Commission or such designated subcommittee or designated
member may determine advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the
chairman and the vice chairman; or
(II) by the affirmative vote of 6
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the chairman or
any member designated by a majority of the
Commission, and may be served by any person
designated by the chairman or by a member
designated by a majority of the Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under this
subsection, the United States district court
for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(ii) Additional enforcement.--In the case
of any failure of any witness to comply with
any subpoena or to testify when summoned under
authority of this subsection, the Commission
may, by majority vote, certify a statement of
fact constituting such failure to the
appropriate United States attorney, who may
bring the matter before the grand jury for its
action, under the same statutory authority and
procedures as if the United States attorney had
received a certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(3) Scope.--In carrying out its duties under this Act, the
Commission may examine the actions and representations of the
current Administration as well as prior Administrations.
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties of this Act.
(c) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from
any executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality of the
Federal Government, information, suggestions, estimates, and
statistics for the purposes of this Act. Each department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information, suggestions,
estimates, and statistics directly to the Commission, upon
request made by the chairman, the chairman of any subcommittee
created by a majority of the Commission, or any member
designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive Orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 5. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 10.
(c) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 6. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
consultation with vice chairman, in accordance with rules
agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the
equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
(2) Personnel as federal employees.--
(A) In general.--The staff director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 7. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at a rate not to exceed the daily equivalent of the annual rate of
basic pay in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day during which that member is engaged in the actual performance of
the duties of the Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
(a) In General.--Subject to subsection (b), the appropriate Federal
agencies or departments shall cooperate with the Commission in
expeditiously providing to the Commission members and staff appropriate
security clearances to the extent possible pursuant to existing
procedures and requirements.
(b) Exception.-- No person shall be provided with access to
classified information under this title without the appropriate
required security clearance access.
SEC. 9. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to Congress and the
President interim reports containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(b) Final Report.--Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to Congress and the
President a final report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(c) Form of Report.--Each report prepared under this section shall
be submitted in unclassified form, but may contain a classified annex.
(d) Recommendation to Make Public Certain Classified Information.--
If the Commission determines that it is in the public interest that
some or all of the information contained in a classified annex of a
report under this section be made available to the public, the
Commission shall make a recommendation to the congressional
intelligence committees to make such information public, and the
congressional intelligence committees shall consider the recommendation
pursuant to the procedures under subsection (e).
(e) Procedure for Declassifying Information.--
(1) The procedures referred to in subsection (d) are the
procedures described in--
(A) with respect to the Permanent Select Committee
on Intelligence of the House of Representatives, clause
11(g) of Rule X of the Rules of the House of
Representatives, One Hundred Eighth Congress; and
(B) with respect to the Select Committee on
Intelligence of the Senate, section 8 of Senate
Resolution 400, Ninety-Fourth Congress.
(2) In this section, the term ``congressional intelligence
committees'' means--
(A) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(B) the Select Committee on Intelligence of the
Senate.
SEC. 10. TERMINATION.
(a) In General.--The Commission, and all the authorities of this
Act, shall terminate 60 days after the date on which the final report
is submitted under subsection (b).
(b) Administrative Activities Before Termination.--The Commission
may use the 60-day period referred to in paragraph (1) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its reports and disseminating the
final report.
SEC. 11. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated funds not to exceed $5,000,000 for purposes of the
activities of the Commission under this Act.
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Intelligence (Permanent Select).
Sponsor introductory remarks on measure. (CR E1387-1388)
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