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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 343 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
S. RES. 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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2014

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

_______________________________________________________________________

                               RESOLUTION

 
   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.

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 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.--
            (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.
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