IV 

111TH CONGRESS 

1ST SESSION H. RES. 383 

Establishing a select committee to review national security laws, policies, 

and practices. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2009 

Ms. LEE of California (for herself, Mr. WEXLER, and Mr. CONYERS) submitted the following resolution; which was referred to the Committee on 

Rules 

RESOLUTION 

Establishing a select committee to review national security 

laws, policies, and practices. 

Whereas the Patriot Act gave the Government the authority 

to spy on and collect information about innocent Americans; 

Whereas the National Security Agency spied on Americans 

for seven years without a warrant in violation of the Foreign Intelligence Surveillance Act and the Fourth Amendment; 

Whereas the FISA Amendments Act authorized the Government to collect the content of communications coming 

into and out of the United States without an individualized order and without any suspicion of wrongdoing; 


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Whereas Congress has amended our surveillance laws many 

times since the tragedy of September 11 yet has not received meaningful information about how these new authorities have been used; 

Whereas there is no public information about how any of 

these powerful surveillance tools are currently being used; 

Whereas the three provisions of the Patriot Act will be 

sunsetting on December 31, 2009, and Congress will 

need to review and amend the surveillance laws this year; 

Whereas the United States has Federal laws, including Federal criminal laws, that prohibit the torture, or cruel, inhuman, or degrading treatment of any person in the custody of, or under the control of, the Federal Government; 

Whereas in contravention of Federal laws against torture and 

abuse, and beginning as early as spring of 2002, the Federal Government began to use torture and abuse during 

the detention and interrogation of its detainees, and to 

transfer detainees to countries that historically have used 

torture and abuse during interrogation and detention; 

Whereas important decisions on the development and implementation of United States policy on interrogations and 

detention were made by top White House officials, including presidential directives to set up CIA detention practices, attempting to bar the application of the protections 

of the Geneva Conventions to certain detainees, and 

former President George W. Bush’s public acknowledgement that he knew his top advisors were meeting to plan 

and approve interrogations and that he ‘‘approved it’’; 

Whereas despite the deliberate efforts by top Government officials to hide the use of torture and abuse by barring the 

International Committee of the Red Cross from visiting 


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detainees held in a secret CIA prison network, destroying 

92 videotapes of interrogations, and refusing to provide, 

even to important standing committees of Congress, key 

legal memorandums that reportedly were written to try to 

justify torture and abuse, more than 100,000 pages of already released Government interrogation and detention 

documents show a deliberate and systematic program of 

Government-ordered torture and abuse; 

Whereas a select committee of the House of Representatives 

would bring together the expertise and oversight commitment of the committees that have already worked countless hours to determine the truth of what happened; 

Whereas a select committee would be able to take a broad 

look at White House decisions and the role of many departments and agencies, including contractors, in the interrogation and detention practices, without having any 

jurisdictional limitations; and 

Whereas a select committee will bring members of the relevant standing committees together with a dedicated staff 

to provide intensive investigation, oversight, and recommendation that cannot be accomplished by the committees of jurisdiction working piecemeal: Now, therefore, 

be it 

1 Resolved, 

2 SECTION 1. ESTABLISHMENT. 

3 There is hereby established a select committee to re4 view national security laws, policies, and practices (herein5 after referred to as the ‘‘select committee’’). 


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1 SEC. 2. JURISDICTION; FUNCTIONS. 

2 (a) LEGISLATIVE JURISDICTION.—The select com3 mittee shall not have legislative jurisdiction and shall have 

4 no authority to take legislative action on any bill or resolu5 tion. 

6 (b) INVESTIGATIVE JURISDICTION.—The select com7 mittee shall study and make recommendations about the 

8 effectiveness of past and present United States law en9 forcement, national security and intelligence activities and 

10 the extent, if any, to which unlawful, improper or unau11 thorized activities were engaged in by or on behalf of any 

12 Federal, State, or local government official, including— 

13 (1) the effectiveness and efficiency of past and 

14 present law enforcement, and national security and 

15 intelligence policies, programs, and activities; 

16 (2) the development and implementation of poli17 cies or practices regarding the capture, detention, 

18 transfer, extra-judicial rendition, and treatment of 

19 individuals by United States Armed Forces, law en20 forcement and the United States intelligence com21 munity, including policies intended to conceal the 

22 fact that a person has been detained by, or at the 

23 direct request of, the United States; 

24 (3) the development and implementation of poli25 cies or practices regarding domestic surveillance acVerDate Nov 24 2008 01:49 May 01, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HR383.IH HR383

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1 tivities, or the surveillance of United States persons 

2 abroad; 

3 (4) the adequacy of past and present congres4 sional oversight mechanisms and impediments to ac5 cess to information necessary to conduct proper 

6 oversight; and 

7 (5) such other related matters as the committee 

8 deems necessary to carry out its responsibilities. 

9 SEC. 3. COMPOSITION. 

10 The select committee shall be composed of 7 members 

11 appointed by the Speaker, of whom 3 shall be appointed 

12 upon the recommendation of the minority leader. The 

13 Speaker shall designate one member of the select com14 mittee as its chairman. A vacancy in the membership of 

15 the select committee shall be filled in the same manner 

16 as the original appointment. 

17 SEC. 4. PROCEDURE. 

18 (a) Rules X and XI of the Rules of the House of 

19 Representatives shall apply to the select committee where 

20 not inconsistent with this resolution. 

21 (b) The select committee is authorized to— 

22 (1) require by subpoena or otherwise the at23 tendance and testimony of any person (including at 

24 a taking of a deposition by counsel or consultant of 


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1 the committee), and the production of such things; 

2 and 

3 (2) adopt a rule regulating the taking of deposi4 tions by a member, counsel, or consultant of the 

5 committee, including pursuant to subpoena. 

6 SEC. 5. REPORTING. 

7 The select committee shall report to the House from 

8 time to time the results of its investigations and studies 

9 as it may deem advisable. At least one public report shall 

10 be filed with the House not later than December 31, 2009, 

11 and shall include legislative recommendations based on its 

12 findings. 

13 SEC. 6. ADMINISTRATIVE PROVISIONS. 

14 (a) EXPENSES.—There shall be paid out of the appli15 cable accounts of the House such sums as may be nec16 essary for the expenses of the select committee. Such pay17 ments shall be made on vouchers signed by the chairman 

18 of the select committee and approved in the manner di19 rected by the Committee on House Administration. 

20 Amounts made available under this subsection shall be ex21 pended in accordance with regulations prescribed by the 

22 Committee on House Administration. 

23 (b) STAFF AND TRAVEL.—In carrying out its func24 tions under this resolution, the select committee may— 


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1 (1) appoint, either on a permanent basis or as 

2 experts or consultants, any staff that the select com3 mittee considers necessary; 

4 (2) prescribe the duties and responsibilities of 

5 the staff; 

6 (3) fix the compensation of the staff at per 

7 annum gross rates that do not exceed the highest 

8 rate of basic pay, as in effect from time to time, of 

9 level V of the Executive Schedule in section 5316 of 

10 title 5, United States Code; 

11 (4) terminate the employment of any such staff 

12 as the select committee considers appropriate; 

13 (5) reimburse members of the select committee 

14 and its staff for travel, subsistence, and other nec15 essary expenses incurred by them in the performance 

16 of their functions for the select committee, other 

17 than expenses in connection with any meeting of the 

18 select committee held in the District of Columbia; 

19 and 

20 (6) obtain detailees or staff from the executive 

21 or legislative branch of the Government, who shall 

22 be deemed staff of the select committee. 

23 SEC. 7. DISSOLUTION AND WINDUP OF AFFAIRS. 

24 The select committee shall cease to exist on December 

25 31, 2010. 


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1 SEC. 8. DISPOSITION OF RECORDS. 

2 Upon dissolution of the select committee, its records 

3 shall become records of such standing committee or com4 mittees as the Speaker may designate. 

Æ 


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