I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ESTABLISHMENT OF COMMISSION. 

4 There is established in the legislative branch the 

5 Independent Commission on Intelligence about Iraq (in 

6 this Act referred to as the ‘‘Commission’’). 

7 SEC. 2. DUTIES. 

8 The Commission shall carry out the following duties: 
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1 (1) Examine and evaluate executive branch ef2 forts to collect intelligence regarding the threats 

3 posed by Iraq, including Iraq’s attempts to reconsti4 tute its nuclear weapons program, develop and de5 ploy chemical and biological weapons, and provide 

6 support for al Qaeda and other terrorist organiza7 tions. 

8 (2) Examine and evaluate executive branch ef9 forts to assess the credibility and accuracy of intel10 ligence regarding such threats, including the inter11 pretation and conclusions developed by the intel12 ligence community regarding such threats. 

13 (3) Examine and evaluate public representa14 tions and representations to Congress made by exec15 utive branch officials regarding such threats, includ16 ing assessing the accuracy and completeness of such 

17 representations. 

18 (4) Examine and evaluate the effectiveness of 

19 collaborative arrangements between the United 

20 States and other countries and international organi21 zations in collecting, assessing, and interpreting such 

22 threats. 

23 (5) Examine the extent to which Congress has 

24 imposed restrictions on the collection of intelligence 

25 that have limited the ability of the intelligence com-
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1 munity to obtain complete and accurate intelligence 

2 regarding such threats, and evaluate whether the 

3 benefits of those restrictions outweigh the costs. 

4 (6) Review the findings, conclusions, and rec5 ommendations of other congressional, executive 

6 branch, or independent commission investigations, in 

7 a manner to build upon such related investigations 

8 and to avoid unnecessary duplication. 

9 (7) Report to Congress and the President on its 

10 findings and conclusions, as well as make rec11 ommendations to Congress and the President on 

12 measures that can be taken to enhance the accuracy 

13 of intelligence and the accuracy of representations of 

14 such intelligence. 

15 SEC. 3. COMPOSITION OF COMMISSION. 

16 (a) MEMBERS.—The Commission shall be composed 

17 of 10 members, of whom—

18 (1) 1 member shall be appointed by the Presi19 dent, who shall serve as chairman of the Commis20 sion; 

21 (2) 1 member shall be jointly appointed by the 

22 minority leader of the Senate and the minority lead23 er of the House of Representatives, who shall serve 

24 as vice chairman of the Commission; 
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1 (3) 2 members shall be appointed by the major2 ity leader of the Senate; 

3 (4) 2 members shall be appointed by the Speak4 er of the House of Representatives; 

5 (5) 2 members shall be appointed by the minor6 ity leader of the Senate; and 

7 (6) 2 members shall be appointed by the minor8 ity leader of the House of Representatives. 

9 (b) QUALIFICATIONS; INITIAL MEETING.—

10 (1) NONGOVERNMENTAL APPOINTEES.—An in11 dividual appointed to the Commission may not be an 

12 officer or employee of the Federal Government or 

13 any State or local government. 

14 (2) OTHER QUALIFICATIONS.—Individuals that 

15 shall be appointed to the Commission should be 

16 prominent United States citizens, with national rec17 ognition and significant depth of experience in such 

18 professions as governmental service, law enforce19 ment, the armed services, law, public administration, 

20 intelligence gathering, commerce (including aviation 

21 matters), and foreign affairs. 

22 (3) DEADLINE FOR APPOINTMENT.—All mem23 bers of the Commission shall be appointed within 45 

24 days following the enactment of this Act. 
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1 (4) MEETINGS.—The Commission shall meet 

2 and begin the operations of the Commission as soon 

3 as practicable. After its initial meeting, the Commis4 sion shall meet upon the call of the chairman or a 

5 majority of its members. 

6 (c) QUORUM; VACANCIES.—Six members of the Com7 mission shall constitute a quorum. Any vacancy in the 

8 Commission shall not affect its powers, but shall be filled 

9 in the same manner in which the original appointment was 

10 made. 

11 (d) CONFLICTS OF INTEREST.—Each member ap12 pointed to the Commission shall submit a financial disclo13 sure report pursuant to the Ethics in Government Act of 

14 1978, notwithstanding the minimum required rate of com15 pensation or time period employed. 

16 SEC. 4. POWERS OF COMMISSION. 

17 (a) IN GENERAL.—

18 (1) HEARINGS AND EVIDENCE.—The Commis19 sion or, on the authority of the Commission, any 

20 subcommittee or member thereof, may, for the pur21 pose of carrying out this title—

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

23 such times and places, take such testimony, re24 ceive such evidence, administer such oaths; and 
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1 (B) subject to paragraph (2)(A), require, 

2 by subpoena or otherwise, the attendance and 

3 testimony of such witnesses and the production 

4 of such books, records, correspondence, memo5 randa, papers, and documents, 

6 as the Commission or such designated subcommittee 

7 or designated member may determine advisable. 

8 (2) SUBPOENAS.—

9 (A) ISSUANCE.—

10 (i) IN GENERAL.—A subpoena may be 

11 issued under this subsection only—

12 (I) by the agreement of the 

13 chairman and the vice chairman; or 

14 (II) by the affirmative vote of 6 

15 members of the Commission. 

16 (ii) SIGNATURE.—Subject to clause 

17 (i), subpoenas issued under this subsection 

18 may be issued under the signature of the 

19 chairman or any member designated by a 

20 majority of the Commission, and may be 

21 served by any person designated by the 

22 chairman or by a member designated by a 

23 majority of the Commission. 

24 (B) ENFORCEMENT.—
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1 (i) IN GENERAL.—In the case of con2 tumacy or failure to obey a subpoena 

3 issued under this subsection, the United 

4 States district court for the judicial district 

5 in which the subpoenaed person resides, is 

6 served, or may be found, or where the sub7 poena is returnable, may issue an order re8 quiring such person to appear at any des9 ignated place to testify or to produce docu10 mentary or other evidence. Any failure to 

11 obey the order of the court may be pun12 ished by the court as a contempt of that 

13 court. 

14 (ii) ADDITIONAL ENFORCEMENT.—In 

15 the case of any failure of any witness to 

16 comply with any subpoena or to testify 

17 when summoned under authority of this 

18 subsection, the Commission may, by major19 ity vote, certify a statement of fact consti20 tuting such failure to the appropriate 

21 United States attorney, who may bring the 

22 matter before the grand jury for its action, 

23 under the same statutory authority and 

24 procedures as if the United States attorney 

25 had received a certification under sections 
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1 102 through 104 of the Revised Statutes 

2 of the United States (2 U.S.C. 192 

3 through 194). 

4 (3) SCOPE.—In carrying out its duties under 

5 this Act, the Commission may examine the actions 

6 and representations of the current Administration as 

7 well as prior Administrations. 

8 (b) CONTRACTING.—The Commission may, to such 

9 extent and in such amounts as are provided in appropria10 tion Acts, enter into contracts to enable the Commission 

11 to discharge its duties of this Act. 

12 (c) INFORMATION FROM FEDERAL AGENCIES.—

13 (1) IN GENERAL.—The Commission may secure 

14 directly from any executive department, bureau, 

15 agency, board, commission, office, independent es16 tablishment, or instrumentality of the Federal Gov17 ernment, information, suggestions, estimates, and 

18 statistics for the purposes of this Act. Each depart19 ment, bureau, agency, board, commission, office, 

20 independent establishment, or instrumentality shall, 

21 to the extent authorized by law, furnish such infor22 mation, suggestions, estimates, and statistics di23 rectly to the Commission, upon request made by the 

24 chairman, the chairman of any subcommittee cre-
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1 ated by a majority of the Commission, or any mem2 ber designated by a majority of the Commission. 

3 (2) RECEIPT, HANDLING, STORAGE, AND DIS4 SEMINATION.—Information shall only be received, 

5 handled, stored, and disseminated by members of 

6 the Commission and its staff consistent with all ap7 plicable statutes, regulations, and Executive Orders. 

8 (d) ASSISTANCE FROM FEDERAL AGENCIES.—

9 (1) GENERAL SERVICES ADMINISTRATION.—

10 The Administrator of General Services shall provide 

11 to the Commission on a reimbursable basis adminis12 trative support and other services for the perform13 ance of the Commission’s functions. 

14 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

15 addition to the assistance prescribed in paragraph 

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

17 may provide to the Commission such services, funds, 

18 facilities, staff, and other support services as they 

19 may determine advisable and as may be authorized 

20 by law. 

21 (e) GIFTS.—The Commission may accept, use, and 

22 dispose of gifts or donations of services or property. 

23 (f) POSTAL SERVICES.—The Commission may use 

24 the United States mails in the same manner and under 
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1 the same conditions as departments and agencies of the 

2 United States. 

3 SEC. 5. NONAPPLICABILITY OF FEDERAL ADVISORY COM4 MITTEE ACT. 

5 (a) IN GENERAL.—The Federal Advisory Committee 

6 Act (5 U.S.C. App.) shall not apply to the Commission. 

7 (b) PUBLIC MEETINGS AND RELEASE OF PUBLIC

8 VERSIONS OF REPORTS.—The Commission shall—

9 (1) hold public hearings and meetings to the ex10 tent appropriate; and 

11 (2) release public versions of the reports re12 quired under section 10. 

13 (c) PUBLIC HEARINGS.—Any public hearings of the 

14 Commission shall be conducted in a manner consistent 

15 with the protection of information provided to or developed 

16 for or by the Commission as required by any applicable 

17 statute, regulation, or Executive order. 

18 SEC. 6. STAFF OF COMMISSION. 

19 (a) IN GENERAL.—

20 (1) APPOINTMENT AND COMPENSATION.—The 

21 chairman, in consultation with vice chairman, in ac22 cordance with rules agreed upon by the Commission, 

23 may appoint and fix the compensation of a staff di24 rector and such other personnel as may be necessary 

25 to enable the Commission to carry out its functions, 
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1 without regard to the provisions of title 5, United 

2 States Code, governing appointments in the competi3 tive service, and without regard to the provisions of 

4 chapter 51 and subchapter III of chapter 53 of such 

5 title relating to classification and General Schedule 

6 pay rates, except that no rate of pay fixed under this 

7 subsection may exceed the equivalent of that payable 

8 for a position at level V of the Executive Schedule 

9 under section 5316 of title 5, United States Code. 

10 (2) PERSONNEL AS FEDERAL EMPLOYEES.—

11 (A) IN GENERAL.—The staff director and 

12 any personnel of the Commission who are em13 ployees shall be employees under section 2105 

14 of title 5, United States Code, for purposes of 

15 chapters 63, 81, 83, 84, 85, 87, 89, and 90 of 

16 that title. 

17 (B) MEMBERS OF COMMISSION.—Subpara18 graph (A) shall not be construed to apply to 

19 members of the Commission. 

20 (b) DETAILEES.—Any Federal Government employee 

21 may be detailed to the Commission without reimbursement 

22 from the Commission, and such detailee shall retain the 

23 rights, status, and privileges of his or her regular employ24 ment without interruption. 
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1 (c) CONSULTANT SERVICES.—The Commission is au2 thorized to procure the services of experts and consultants 

3 in accordance with section 3109 of title 5, United States 

4 Code, but at rates not to exceed the daily rate paid a per5 son occupying a position at level IV of the Executive 

6 Schedule under section 5315 of title 5, United States 

7 Code. 

8 SEC. 7. COMPENSATION AND TRAVEL EXPENSES. 

9 (a) COMPENSATION.—Each member of the Commis10 sion may be compensated at a rate not to exceed the daily 

11 equivalent of the annual rate of basic pay in effect for 

12 a position at level IV of the Executive Schedule under sec13 tion 5315 of title 5, United States Code, for each day dur14 ing which that member is engaged in the actual perform15 ance of the duties of the Commission. 

16 (b) TRAVEL EXPENSES.—While away from their 

17 homes or regular places of business in the performance 

18 of services for the Commission, members of the Commis19 sion shall be allowed travel expenses, including per diem 

20 in lieu of subsistence, in the same manner as persons em21 ployed intermittently in the Government service are al22 lowed expenses under section 5703(b) of title 5, United 

23 States Code. 
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1 SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEM2 BERS AND STAFF. 

3 (a) IN GENERAL.—Subject to subsection (b), the ap4 propriate Federal agencies or departments shall cooperate 

5 with the Commission in expeditiously providing to the 

6 Commission members and staff appropriate security clear7 ances to the extent possible pursuant to existing proce8 dures and requirements. 

9 (b) EXCEPTION.— No person shall be provided with 

10 access to classified information under this title without the 

11 appropriate required security clearance access. 

12 SEC. 9. REPORTS OF COMMISSION; TERMINATION. 

13 (a) INTERIM REPORTS.—The Commission may sub14 mit to Congress and the President interim reports con15 taining such findings, conclusions, and recommendations 

16 for corrective measures as have been agreed to by a major17 ity of Commission members. 

18 (b) FINAL REPORT.—Not later than 18 months after 

19 the date of the enactment of this Act, the Commission 

20 shall submit to Congress and the President a final report 

21 containing such findings, conclusions, and recommenda22 tions for corrective measures as have been agreed to by 

23 a majority of Commission members. 

24 (c) FORM OF REPORT.—Each report prepared under 

25 this section shall be submitted in unclassified form, but 

26 may contain a classified annex. 
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1 (d) RECOMMENDATION TO MAKE PUBLIC CERTAIN

2 CLASSIFIED INFORMATION.—If the Commission deter3 mines that it is in the public interest that some or all of 

4 the information contained in a classified annex of a report 

5 under this section be made available to the public, the 

6 Commission shall make a recommendation to the congres7 sional intelligence committees to make such information 

8 public, and the congressional intelligence committees shall 

9 consider the recommendation pursuant to the procedures 

10 under subsection (e). 

11 (e) PROCEDURE FOR DECLASSIFYING INFORMA12 TION.—

13 (1) The procedures referred to in subsection (d) 

14 are the procedures described in—

15 (A) with respect to the Permanent Select 

16 Committee on Intelligence of the House of Rep17 resentatives, clause 11(g) of Rule X of the 

18 Rules of the House of Representatives, One 

19 Hundred Eighth Congress; and 

20 (B) with respect to the Select Committee 

21 on Intelligence of the Senate, section 8 of Sen22 ate Resolution 400, Ninety-Fourth Congress. 

23 (2) In this section, the term ‘‘congressional in24 telligence committees’’ means—
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1 (A) the Permanent Select Committee on 

2 Intelligence of the House of Representatives; 

3 and 

4 (B) the Select Committee on Intelligence 

5 of the Senate. 

6 SEC. 10. TERMINATION. 

7 (a) IN GENERAL.—The Commission, and all the au8 thorities of this Act, shall terminate 60 days after the date 

9 on which the final report is submitted under subsection 

10 (b). 

11 (b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI12 NATION.—The Commission may use the 60-day period re13 ferred to in paragraph (1) for the purpose of concluding 

14 its activities, including providing testimony to committees 

15 of Congress concerning its reports and disseminating the 

16 final report. 

17 SEC. 11. FUNDING. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated funds not to exceed 

20 $5,000,000 for purposes of the activities of the Commis21 sion under this Act. 

22 (b) DURATION OF AVAILABILITY.—Amounts made 

23 available to the Commission under subsection (a) shall re24 main available until the termination of the Commission.

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