III 

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; 

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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 valumstockstill on DSK4VPTVN1PROD with BILLS

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able 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 

1 Resolved, 

2 SECTION 1. ESTABLISHMENT OF SELECT COMMITTEE ON 

3 INVESTIGATION. 

4 There is established a select committee of the Senate 

5 to be known as the Select Committee on the Investigation 

6 of leaks concerning certain activities of the National Secu7 rity Agency (hereinafter in this Resolution referred to as 

8 the ‘‘Select Committee’’). 

9 SEC. 2. FUNCTIONS AND DUTIES. 

10 (a) GENERAL DUTIES.—The Select Committee is au11 thorized and directed— 

12 (1) to make a full and thorough investigation of 

13 the unauthorized disclosures that have occurred 

14 since June 2013 of apparently classified information 

15 concerning the National Security Agency intel16 ligence-collection programs, operations, and activimstockstill on DSK4VPTVN1PROD with BILLS

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1 ties, including intelligence-collection programs affect2 ing Americans; 

3 (2) to make findings based upon the investiga4 tion carried out under paragraph (1); 

5 (3) to submit to Congress and the President 

6 recommendations based on the investigation carried 

7 out under paragraph (1) and the findings made 

8 under paragraph (2); and 

9 (4) to take any actions necessary and appro10 priate to carry out paragraphs (1), (2), and (3). 

11 (b) PARTICULAR DUTIES.—Without abridging in any 

12 way the authority conferred upon the Select Committee 

13 in subsection (a), the Senate further expressly authorizes 

14 and directs the Select Committee to make a complete in15 vestigation and make findings and recommendations re16 lated to the following: 

17 (1) The unauthorized disclosures of apparently 

18 classified information concerning the National Secu19 rity Agency intelligence-collection programs, oper20 ations, and activities, including intelligence-collection 

21 programs affecting Americans that have occurred 

22 since June 2013, including— 

23 (A) the circumstances under which unau24 thorized disclosure occurred; 

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1 (B) the extent of the damage done to 

2 United States national security interests, intel3 ligence sources and methods, and relationships 

4 with key allies; and 

5 (C) how such damage may be mitigated. 

6 (2) Contracting by the National Security Agen7 cy, in particular— 

8 (A) the extent of reliance by the Agency on 

9 contract employees to carry out important as10 pects of the national security mission of the 

11 Agency; 

12 (B) the extent to which contractors with 

13 access to classified information were properly 

14 vetted; 

15 (C) the sufficiency of internal controls to 

16 ensure only properly cleared contractors with a 

17 need to know had access to classified informa18 tion; 

19 (D) whether adequate remedial measures 

20 have been put in place to address identified de21 ficiencies in the foregoing areas; and 

22 (E) whether any oversight or legislation is 

23 needed to reform any issues identified by the 

24 use of Federal contractors in the intelligence 

25 agencies. 

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1 (3) The nature and scope of National Security 

2 Agency intelligence-collection programs, operations, 

3 and activities, including intelligence-collection pro4 grams affecting Americans, that were the subject 

5 matter of the unauthorized disclosure, including— 

6 (A) the extent of domestic surveillance au7 thorized by law; 

8 (B) the legal authority that served as the 

9 basis for the National Security Agency intel10 ligence-collection programs, operations, and ac11 tivities that are the subject matter of those dis12 closures; 

13 (C) the extent to which such programs, op14 erations, and activities that were the subject 

15 matter of such unauthorized disclosures may 

16 have gone beyond what was authorized by law 

17 or permitted under the Constitution of the 

18 United States; 

19 (D) the extent and sufficiency of oversight 

20 of such programs, operations, and activities by 

21 Congress and the Executive Branch; and 

22 (E) the need for greater transparency and 

23 more effective congressional oversight of intel24 ligence community activities. 

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1 (4) Whether existing laws of the United States 

2 are adequate, either in their provisions or manner of 

3 enforcement, to safeguard the rights and privacies of 

4 citizens of the United States. 

5 (5) The terrorist activities that were disrupted, 

6 in whole or in part, with the aid of information ob7 tained through the National Security Agency intel8 ligence-collection programs, operations, and activities 

9 that were the subject matter of those disclosures and 

10 whether this information could have been promptly 

11 obtained by other means. 

12 (6) The findings and recommendations of the 

13 Review Group on Intelligence and Communications 

14 Technologies established by the President, includ15 ing— 

16 (A) the feasibility, costs, and benefits of 

17 such findings and recommendations; and 

18 (B) the legislative action that would be re19 quired to implement those findings and rec20 ommendations. 

21 (7) The need for specific legislative authority to 

22 govern the operations of the intelligence collection 

23 activities and practices of the National Security 

24 Agency, including recommendations and proposals 

25 for legislation. 

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1 SEC. 3. MEMBERSHIP. 

2 (a) IN GENERAL.—Subject to subsection (b), the Se3 lect Committee shall be composed of 14 members as fol4 lows: 

5 (1) The chairman and vice chairman of the Se6 lect Committee on Intelligence of the Senate. 

7 (2) The chairman and ranking member of the 

8 Committee on Armed Services of the Senate. 

9 (3) The chairman and ranking member of the 

10 Committee on Homeland Security and Governmental 

11 Affairs of the Senate. 

12 (4) The chairman and ranking member of the 

13 Committee on Foreign Relations of the Senate. 

14 (5) The chairman and ranking member of the 

15 Committee on the Judiciary of the Senate. 

16 (6) The chairman and ranking member of the 

17 Committee on Commerce, Science, and Transpor18 tation of the Senate. 

19 (7) One Senator selected by the majority leader 

20 of the Senate. 

21 (8) One Senator selected by the minority leader 

22 of the Senate. 

23 (b) ALTERNATIVE MEMBERSHIP.—If the chairman, 

24 vice chairman, or ranking member of a committee referred 

25 to in paragraphs (1) through (6) of subsection (a) declines 

26 to serve on the Select Committee, then the majority leader 

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1 of the Senate in the case of a chairman, or the minority 

2 leader of the Senate in the case of a vice chairman or 

3 ranking member, shall designate a member from that com4 mittee to serve on the Select Committee. 

5 (c) DATE.—The appointments of the members of the 

6 Select Committee shall be made not later than 30 days 

7 after the date of adoption of this Resolution. 

8 (d) VACANCIES.—Any vacancy in the Select Com9 mittee shall not affect its powers, but shall be filled in 

10 the same manner as the original appointment. 

11 (e) CHAIRMAN AND VICE CHAIRMAN.— 

12 (1) CHAIRMAN.—The members of the Select 

13 Committee who are members of the majority party 

14 of the Senate shall elect a chairman for the Select 

15 Committee by majority vote. 

16 (2) VICE CHAIRMAN.—The members of the Se17 lect Committee who are members of the minority 

18 party of the Senate shall elect a vice chairman by 

19 majority vote. 

20 (f) SERVICE.—Service of a Senator as a member, 

21 chairman, or vice chairman of the Select Committee shall 

22 not be taken into account for the purposes of paragraph 

23 (4) of rule XXV of the Standing Rules of the Senate. 

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1 SEC. 4. RULES. 

2 (a) GOVERNANCE UNDER STANDING RULES OF SEN3 ATE.—Except as otherwise specifically provided in this 

4 Resolution, the investigation and hearings conducted by 

5 the Select Committee shall be governed by the Standing 

6 Rules of the Senate. 

7 (b) ADDITIONAL RULES AND PROCEDURES.—The 

8 Select Committee may adopt additional rules or proce9 dures if the chairman and the vice chairman of the Select 

10 Committee agree, or if the Select Committee by majority 

11 vote so decides, that such additional rules or procedures 

12 are necessary or advisable to enable the Select Committee 

13 to conduct the investigation and hearings authorized by 

14 this Resolution. Any such additional rules and proce15 dures— 

16 (1) shall not be inconsistent with this Resolu17 tion or the Standing Rules of the Senate; and 

18 (2) shall become effective upon publication in 

19 the Congressional Record. 

20 SEC. 5. AUTHORITIES. 

21 (a) IN GENERAL.—The Select Committee may exer22 cise all of the powers and responsibilities of a committee 

23 under rule XXVI of the Standing Rules of the Senate. 

24 (b) POWERS.—The Select Committee may, for the 

25 purpose of carrying out this Resolution— 

26 (1) hold hearings; 

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1 (2) administer oaths; 

2 (3) sit and act at any time or place during the 

3 sessions, recess, and adjournment periods of the 

4 Senate; 

5 (4) authorize and require, by issuance of sub6 poena or otherwise, the attendance and testimony of 

7 witnesses and the preservation and production of 

8 books, records, correspondence, memoranda, papers, 

9 documents, tapes, and any other materials in what10 ever form the Select Committee considers advisable; 

11 (5) take testimony, orally, by sworn statement, 

12 by sworn written interrogatory, or by deposition, and 

13 authorize staff members to do the same; and 

14 (6) issue letters rogatory and requests, through 

15 appropriate channels, for any other means of inter16 national assistance. 

17 (c) AUTHORIZATION, ISSUANCE, AND ENFORCEMENT

18 OF SUBPOENAS.— 

19 (1) AUTHORIZATION.—Subpoenas authorized 

20 and issued under this section— 

21 (A) may be done with the joint concur22 rence of the chairman and the vice chairman of 

23 the Select Committee; 

24 (B) shall bear the signature of the chair25 man or the vice chairman of the Select Commstockstill on DSK4VPTVN1PROD with BILLS

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1 mittee or the designee of such chairman or vice 

2 chairman; and 

3 (C) shall be served by any person or class 

4 of persons designated by the chairman or the 

5 vice chairman of the Select Committee for that 

6 purpose anywhere within or without the borders 

7 of the United States to the full extent provided 

8 by law. 

9 (d) ENFORCEMENT.—The Select Committee may 

10 make to the Senate by report or Resolution any rec11 ommendation, including a recommendation for criminal or 

12 civil enforcement, that the Select Committee considers ap13 propriate with respect to— 

14 (1) the failure or refusal of any person to ap15 pear at a hearing or deposition or to produce or pre16 serve documents or materials described in subsection 

17 (b)(4) in obedience to a subpoena or order of the Se18 lect Committee; 

19 (2) the failure or refusal of any person to an20 swer questions truthfully and completely during the 

21 person’s appearance as a witness at a hearing or 

22 deposition of the Select Committee; or 

23 (3) the failure or refusal of any person to com24 ply with any subpoena or order issued under the au25 thority of subsection (c). 

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1 (e) ACCESS TO INFORMATION.—The Select Com2 mittee shall have, to the fullest extent permitted by law, 

3 access to any such information or materials obtained by 

4 any other department or agency of the United States or 

5 by anybody investigating the matters described in section 

6 3. 

7 (f) AUTHORITY OF OTHER COMMITTEES.—Nothing 

8 contained in this section shall affect or impair the exercise 

9 of any other standing committee of the Senate of any 

10 power, or the discharge by such committee of any duty, 

11 conferred or imposed upon it by the Standing Rules of 

12 the Senate or by the Legislative Reorganization Act of 

13 1946 (60 Stat. 812, chapter 753). 

14 (g) QUORUM.— 

15 (1) REPORTS AND RECOMMENDATIONS.—A ma16 jority of the members of the Select Committee shall 

17 constitute a quorum for the purpose of reporting a 

18 matter or recommendation to the Senate. 

19 (2) TESTIMONY.—One member of the Select 

20 Committee shall constitute a quorum for the purpose 

21 of taking testimony. 

22 (3) OTHER BUSINESS.—A majority of the mem23 bers of the Select Committee shall constitute a 

24 quorum for the purpose of conducting any other 

25 business of the Select Committee. 

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1 (h) SECURITY CLEARANCES.—Each member of the 

2 Select Committee shall have an appropriate security clear3 ance. 

4 (i) VIOLATIONS OF LAW.— 

5 (1) REPORTS OF VIOLATION OF LAW.—If the 

6 chairman and vice chairman of the Select Com7 mittee, or a majority of the Select Committee deter8 mine that there is reasonable cause to believe that 

9 a violation of law may have occurred, the chairman 

10 and vice chairman by letter, or the Select Committee 

11 by resolution, are authorized to report such violation 

12 to the proper Federal, State, or local authorities. 

13 Any such letter or report may recite the basis for 

14 the determination of reasonable cause. 

15 (2) CONSTRUCTION.—Nothing in this sub16 section may be construed to authorize the release of 

17 documents or testimony. 

18 (j) RECOMMENDATIONS.—The Select Committee 

19 shall have authority to make recommendations for appro20 priate new legislation or the amendment of any existing 

21 statute which the Select Committee considers necessary or 

22 desirable to carry out this Resolution. 

23 SEC. 6. REPORTS. 

24 (a) REQUIREMENT FOR REPORT.—Not later than 

25 180 days after the appointment of members to the Select 

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1 Committee, the Select Committee shall submit to the Sen2 ate and the President a final report on the results of the 

3 investigations and studies conducted pursuant to this Res4 olution, together with any recommendations for Congress 

5 and the President based on the investigation and findings 

6 of the Select Committee. 

7 (b) INTERIM REPORTS.—The Select Committee may 

8 submit to the Senate such interim reports as the Select 

9 Committee considers appropriate. 

10 (c) FORM OF REPORTS.—Each report submitted 

11 under this section shall be submitted in unclassified form 

12 to the greatest extent possible, and may include a classi13 fied annex if necessary. 

14 SEC. 7. ADMINISTRATIVE PROVISIONS. 

15 (a) STAFF.— 

16 (1) IN GENERAL.—The Select Committee may 

17 employ in accordance with paragraph (2) a staff 

18 composed of such clerical, investigatory, legal, tech19 nical, and other personnel as the Select Committee, 

20 or the chairman and the vice chairman of the Select 

21 Committee, considers necessary or appropriate. 

22 (2) APPOINTMENT OF STAFF.—The staff of the 

23 Select Committee shall consist of such personnel as 

24 the chairman and the vice chairman shall jointly ap25 point. Such staff may be removed jointly by the 

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1 chairman and the vice chairman, and shall work 

2 under the joint general supervision and direction of 

3 the chairman and the vice chairman. 

4 (b) COMPENSATION.—The chairman and the vice 

5 chairman of the Select Committee shall jointly fix the com6 pensation of all personnel of the staff of the Select Com7 mittee. 

8 (c) REIMBURSEMENT OF EXPENSES.—The Select 

9 Committee may reimburse the members of its staff for 

10 travel, subsistence, and other necessary expenses incurred 

11 by such staff members in the performance of their func12 tions for the Select Committee. 

13 (d) SERVICES OF SENATE STAFF.—The Select Com14 mittee may use, with the prior consent of the chair of any 

15 other committee of the Senate or the chair of any sub16 committee of any committee of the Senate, the facilities 

17 of any other committee of the Senate, or the services of 

18 any members of the staff of such committee or sub19 committee, whenever the Select Committee or the chair20 man or the vice chairman of the Select Committee con21 siders that such action is necessary or appropriate to en22 able the Select Committee to carry out its responsibilities, 

23 duties, or functions under this Resolution. 

24 (e) DETAIL OF EMPLOYEES.—The Select Committee 

25 may use on a reimbursable basis, with the prior consent 

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1 of the head of the department or agency of Government 

2 concerned and the approval of the Committee on Rules 

3 and Administration of the Senate, the services of per4 sonnel of such department or agency. 

5 (f) TEMPORARY AND INTERMITTENT SERVICES.— 

6 The Select Committee may procure the temporary or 

7 intermittent services of individual consultants, or organi8 zations thereof. 

9 (g) PAYMENT OF EXPENSES.—There shall be paid 

10 out of the applicable accounts of the Senate such sums 

11 as may be necessary for the expenses of the Select Com12 mittee. Such payments shall be made by vouchers signed 

13 by the Chair of the Select Committee and approved in the 

14 manner directed by the Committee on Rules and Adminis15 tration of the Senate. Amounts made available under this 

16 subsection shall be expended in accordance with regula17 tions prescribed by the Committee on Rules and Adminis18 tration of the Senate. 

19 SEC. 8. DEFINITIONS. 

20 In this Resolution: 

21 (1) CLASSIFIED INFORMATION.—The term 

22 ‘‘classified information’’ has the meaning given that 

23 term in section 804 of the National Security Act of 

24 1947 (50 U.S.C. 3164)). 

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1 (2) INTELLIGENCE COMMUNITY.—The term 

2 ‘‘intelligence community’’ has the meaning given 

3 that term in section 3 of the National Security Act 

4 of 1947 (50 U.S.C. 3003). 

5 SEC. 9. EFFECTIVE DATE; TERMINATION. 

6 (a) EFFECTIVE DATE.—This Resolution shall take 

7 effect on the date of the adoption of this Resolution. 

8 (b) TERMINATION.—The Select Committee shall ter9 minate 60 days after the submittal of the report required 

10 by section 6(a). 

11 (c) DISPOSITION OF RECORDS.—Upon termination of 

12 the Select Committee, the records of the Select Committee 

13 shall become the records of any committee designated by 

14 the majority leader of the Senate with the concurrence of 

15 the minority leader of the Senate. 

Æ 

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