IV 

109TH CONGRESS 

1ST SESSION H. RES. 635 

Creating a select committee to investigate the Administration’s intent to 

go to war before congressional authorization, manipulation of pre-war 

intelligence, encouraging and countenancing torture, retaliating against 

critics, and to make recommendations regarding grounds for possible 

impeachment. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 18, 2005 

Mr. CONYERS submitted the following resolution; which was referred to the 

Committee on Rules 

RESOLUTION 

Creating a select committee to investigate the Administration’s intent to go to war before congressional authorization, manipulation of pre-war intelligence, encouraging 

and countenancing torture, retaliating against critics, 

and to make recommendations regarding grounds for 

possible impeachment. 

1 Resolved, That there is hereby established in the 

2 House of Representatives a select committee to be known 

3 as the Select Committee on Administration Predetermina4 tion to Go to War and Manipulation of Intelligence (in 

5 this resolution referred to as the ‘‘Select Committee’’). 
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1 PURPOSES AND FUNCTIONS

2 SEC. 2. (a) The Select Committee is authorized and 

3 directed to investigate all relevant government agencies ac4 tions and decisions relating to the Administration’s intent 

5 to go to war before congressional authorization, manipula6 tion of pre-war intelligence, encouraging and counte7 nancing torture, and retaliating against critics, including: 

8 (1) actions by the White House, National Secu9 rity Council, Department of State, Department of 

10 Defense, and Central Intelligence Agency related to 

11 United Nations and Iraq Survey Group inspections 

12 of Iraq; 

13 (2) knowledge of Iraq’s ability regarding and 

14 intentions toward, or lack of ability regarding or in15 tentions toward, nuclear weapons capability; 

16 (3) knowledge regarding Iraq’s possession of or 

17 attempted possession of, or regarding the lack of 

18 possession of or attempted possession of, chemical or 

19 biological weapons; 

20 (4) knowledge of Iraq’s possession of aluminum 

21 tubes for conventional rocket programs or for nu22 clear weapons development; 

23 (5) knowledge regarding Iraq’s intent, or lack 

24 of intent, toward acquiring yellowcake uranium from 

25 Niger; 
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1 (6) knowledge of any involvement, or lack of in2 volvement, by Iraq in the September 11, 2001, at3 tacks against the United States; 

4 (7) knowledge of any connections or ties, or of 

5 any lack of connections or ties, between Iraq and al 

6 Qaeda; 

7 (8) knowledge of any meeting, or lack of any 

8 meeting, between Iraqi intelligence officials and Mo9 hammed Atta in Prague, Czechoslovakia; 

10 (9) preparations for detention, interrogation 

11 and treatment of detainees, or lack thereof, made in 

12 the planning stages of the Iraq conflict prior to 

13 March 19, 2003; 

14 (10) knowledge of abuses and mistreatment of 

15 detainees during the Iraq conflict after March 19, 

16 2003; 

17 (11) the investigation of abuses and mistreat18 ment, or lack thereof, the results of these investiga19 tions, any sanctions or punishment of offenders, and 

20 any efforts to keep these reports either from super21 visors, officials or the public; 

22 (12) an examination of all prison facilities, in23 cluding the High Value Detainee facility at Baghdad 

24 airport and secret prisons or ‘‘black sites,’’ for de25 taining individuals outside the United States; 
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1 (13) the extent to which civilian, military, or in2 telligence officials expressly authorized, willingly ig3 nored, or created an atmosphere that condoned the 

4 abuses and mistreatment that occurred at Abu 

5 Ghraib, Iraq; and 

6 (14) knowledge on the part of any White House 

7 officials of the covert identity of Valerie Plame Wil8 son and any discussion or communication by such 

9 officials with members of the media about such iden10 tity, and any failure to enforce Executive Order 

11 12958. 

12 APPOINTMENT AND MEMBERSHIP

13 SEC. 3. (a) MEMBERS.—The Select Committee shall 

14 be composed of 20 Members of the House to be appointed 

15 by the Speaker, of whom— 

16 (1) 10 Members shall be appointed upon the 

17 recommendation of the minority leader as set forth 

18 below; 

19 (2) 1 Member he shall designate as chairman; 

20 (3) 1 Member he shall designate, upon the rec21 ommendation of the minority leader, as vice chair22 man. 

23 (4) 4 Members shall sit on the Committee on 

24 the Judiciary, of whom 2shall be appointed upon the 

25 recommendation of the minority leader; 
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1 (5) 4 Members shall sit on the Committee on 

2 International Relations, of whom 2 shall be ap3 pointed upon the recommendation of the minority 

4 leader; 

5 (6) 4 Members shall sit on the Permanent Se6 lect Committee on Intelligence, of whom 2 shall be 

7 appointed upon the recommendation of the minority 

8 leader; 

9 (7) 4 Members shall sit on the Committee on 

10 Government Reform, of whom 2 shall be appointed 

11 upon the recommendation of the minority leader; 

12 and 

13 (8) 4 Members shall sit on the Committee on 

14 Armed Services, of whom 2 shall be appointed upon 

15 the recommendation of the minority leader. 

16 (b) VACANCIES.—Any vacancy occurring in the mem17 bership of the Select Committee shall be filled in the same 

18 manner in which the original appointment was made. 

19 (c) For purposes of this section, the term ‘‘Member’’ 

20 means any Representative in, or Delegate or Resident 

21 Commissioner to, the House of Representatives. 

22 POWERS OF SELECT COMMITTEE

23 SEC. 4. (a) IN GENERAL.— 

24 (1) HEARINGS AND EVIDENCE.—The Select 

25 Committee or, on the authority of the Select Com-
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1 mittee, any subcommittee or member thereof, may, 

2 for the purpose of carrying out this resolution— 

3 (A) hold such hearings and sit and act at 

4 such times and places, take such testimony, re5 ceive such evidence, administer such oaths; and 

6 (B) subject to paragraph (2)(A), require, 

7 by subpoena or otherwise, the attendance and 

8 testimony of such witnesses and the production 

9 of such books, records, correspondence, memo10 randa, papers, and documents, as the Select 

11 Committee or such designated subcommittee or 

12 designated member may determine advisable, 

13 including but not limited to— 

14 (i) White House documents (e.g., 

15 memoranda, e-mails, notes of phone calls, 

16 handwritten notes); 

17 (ii) Department of Defense docu18 ments; 

19 (iii) Department of Justice materials; 

20 (iv) Department of State documents; 

21 (v) Central Intelligence Agency anal22 yses; 

23 (vi) Defense Intelligence Agency anal24 yses; 
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1 (vii) National Security Council memo2 randa; and 

3 (viii) Special Counsel Patrick 

4 Fitgzerald’s notes, grand jury materials, 

5 and other evidence collected or created as 

6 part of the CIA leak investigation. 

7 (2) SUBPOENAS.— 

8 (A) ISSUANCE.— 

9 (i) IN GENERAL.—A subpoena may be 

10 issued under this section only— 

11 (I) by the agreement of the 

12 chairman and the vice chairman; or 

13 (II) by the affirmative vote of 10 

14 members of the Select Committee. 

15 (ii) SIGNATURE.—Subject to clause 

16 (i), subpoenas issued under this subsection 

17 may be issued under the signature of the 

18 chairman or any member designated by a 

19 majority of the Select Committee, and may 

20 be served by any person designated by the 

21 chairman or by a member designated by a 

22 majority of the Select Committee. 

23 (B) ENFORCEMENT.— 

24 (i) IN GENERAL.—In the case of con25 tumacy or failure to obey a subpoena 
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1 issued under subsection (a), the United 

2 States district court for the judicial district 

3 in which the subpoenaed person resides, is 

4 served, or may be found, or where the sub5 poena is returnable, may issue an order re6 quiring such person to appear at any des7 ignated place to testify or to produce docu8 mentary or other evidence. Any failure to 

9 obey the order of the court may be pun10 ished by the court as a contempt of that 

11 court. 

12 (ii) ADDITIONAL ENFORCEMENT.—In 

13 the case of any failure of any witness to 

14 comply with any subpoena or to testify 

15 when summoned under authority of this 

16 section, the Select Committee may, by ma17 jority vote, certify a statement of fact con18 stituting such failure to the appropriate 

19 United States attorney, who may bring the 

20 matter before the grand jury for its action, 

21 under the same statutory authority and 

22 procedures as if the United States attorney 

23 had received a certification under sections 

24 102 through 104 of the Revised Statutes 
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1 of the United States (2 U.S.C. 192 

2 through 194). 

3 (b) CONTRACTING.—The Select Committee may, to 

4 such extent and in such amounts as are provided in appro5 priation Acts, enter into contracts to enable the Select 

6 Committee to discharge its duties under this resolution. 

7 (c) INFORMATION FROM FEDERAL AGENCIES.— 

8 (1) IN GENERAL.—The Select Committee is au9 thorized to secure directly from any executive de10 partment, bureau, agency, board, commission, office, 

11 independent establishment, or instrumentality of the 

12 Government, information, suggestions, estimates, 

13 and statistics for the purposes of this resolution. 

14 Each department, bureau, agency, board, commis15 sion, office, independent establishment, or instru16 mentality shall, to the extent authorized by law, fur17 nish such information, suggestions, estimates, and 

18 statistics directly to the select committee, upon re19 quest made by the chairman, the chairman of any 

20 subcommittee created by a majority of the Select 

21 Committee, or any member designated by a majority 

22 of the Select Committee. 

23 (2) RECEIPT, HANDLING, STORAGE, AND DIS24 SEMINATION.—Information shall only be received, 

25 handled, stored, and disseminated by members of 
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1 the Select Committee and its staff consistent with all 

2 applicable statutes, regulations, and Executive or3 ders. 

4 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 

5 (1) GENERAL SERVICES ADMINISTRATION.— 

6 The Administrator of General Services shall provide 

7 to the Select Committee on a reimbursable basis ad8 ministrative support and other services for the per9 formance of the Select Committee’s functions. 

10 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

11 addition to the assistance prescribed in paragraph 

12 (1), departments and agencies of the United States 

13 may provide to the Select Committee such services, 

14 funds, facilities, staff, and other support services as 

15 they may determine advisable and as may be author16 ized by law. 

17 (e) GIFTS.—The Select Committee may accept, use, 

18 and dispose of gifts or donations of services or property. 

19 (f) POSTAL SERVICES.—The Select Committee may 

20 use the United States mails in the same manner and 

21 under the same conditions as departments and agencies 

22 of the United States. 

23 ADMINISTRATIVE PROVISIONS

24 SEC. 5. (a) Subject to the adoption of expenses reso25 lutions as required by clause 5 of rule XI of the Rules 

26 of the House of Representatives, the Select Committee 
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1 may incur expenses in connection with its functions under 

2 this resolution. 

3 (b) In carrying out its functions under this resolution, 

4 the Select Committee, is authorized to— 

5 (1) appoint, either on permanent basis or as ex6 perts or consultants, such staff as the Select Com7 mittee considers necessary; 

8 (2) prescribe the duties and responsibilities of 

9 such staff; 

10 (3) fix the compensation of such staff at a sin11 gle per annum gross rate which does not exceed the 

12 highest rate of basic pay, as in effect from time to 

13 time, of level V of the Executive Schedule in section 

14 5316 of title 5, United States Code; 

15 (4) terminate the employment of any such staff 

16 as the Select Committee considers appropriate; and, 

17 (5) reimburse members of the Select Committee 

18 and of its staff for travel, subsistence, and other 

19 necessary expenses incurred by them in the perform20 ance of their duties and responsibilities for the Se21 lect Committee, other than expenses in connection 

22 with any meeting of the Select Committee, or a sub23 committee thereof, held in the District of Columbia. 
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1 (c) The Select Committee and all authority granted 

2 in this resolution shall expire 30 days after the filing of 

3 the report of the Select Committee with the House. 

4 REPORTS OF SELECT COMMITTEE

5 SEC. 6. (a) The Select Committee shall report to the 

6 House as soon as practicable during the present Congress, 

7 but not later than six months after the date of passage 

8 of this resolution, the results of its investigation and 

9 study, together with such recommendations as it deems 

10 advisable. The Select Committee shall report to the Com11 mittee on the Judiciary as soon as practicable during the 

12 present Congress, but not later than six months after the 

13 date of passage of this resolution, of any substantial and 

14 credible information which such Select Committee receives 

15 in carrying out its responsibilities that may constitute 

16 grounds for possible impeachment. 

17 (b) Any such report which is made when the House 

18 is not in session shall be filed with the Clerk of the House. 

19 (c) Any such report shall be referred to the committee 

20 or committees which have jurisdiction over the subject 

21 matter thereof. 

22 (d) The records, files, and materials of the Select 

23 Committee shall be transferred to the Clerk of the House 

24 but, if the report of the Select Committee is referred to 

25 only one committee under the provisions of subsection (c), 

26 the records, files, and materials of the Select Committee 
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1 shall be transferred instead to the committee to which the 

2 final report is referred. 

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