II 

108TH CONGRESS 

1ST SESSION S. 1946

To establish an independent national commission to examine and evaluate 

the collection, analysis, reporting, use, and dissemination of intelligence 

related to Iraq and Operation Iraqi Freedom. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 24, 2003

Mr. CORZINE introduced the following bill; which was read twice and referred 

to the Select Committee on Intelligence 

A BILL

To establish an independent national commission to examine 

and evaluate the collection, analysis, reporting, use, and 

dissemination of intelligence related to Iraq and Operation Iraqi Freedom.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Independent Iraq In5 telligence Commission Act’’. 

6 SEC. 2. ESTABLISHMENT OF COMMISSION. 

7 There is established the National Commission on Iraq 

8 Intelligence (in this Act referred to as the ‘‘Commission’’). 
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1 SEC. 3. PURPOSES. 

2 The purposes of the Commission are as follows: 

3 (1) To examine and evaluate the performance 

4 of the United States intelligence community with re5 spect to the collection of intelligence, and the quality 

6 of intelligence obtained, on the weapons of mass de7 struction and related delivery systems capabilities of 

8 Iraq in the period from 1998 until the conclusion of 

9 military operations against Iraq under Operation 

10 Iraqi Freedom. 

11 (2) To examine and evaluate the performance 

12 of the United States intelligence community with re13 spect to the collection of intelligence, and the quality 

14 of intelligence obtained, on the connections and sup15 port, if any, of Iraq with and for the plans and in16 tentions of terrorist groups to attack the United 

17 States or United States interests abroad during the 

18 period referred to in paragraph (1). 

19 (3) To examine and evaluate the performance 

20 of the United States intelligence community with re21 spect to the collection of intelligence, and the quality 

22 of intelligence obtained, during and after the period 

23 referred to in paragraph (1), on matters relating 

24 to—

25 (A) the conduct of military and intelligence 

26 operations against Iraq; 
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1 (B) the search for and securing of weapons 

2 of mass destruction, related delivery systems ca3 pabilities, and conventional weapons in Iraq; 

4 and 

5 (C) the military, political, and economic as6 pects of the occupation of Iraq. 

7 (4) To examine and evaluate the quality of the 

8 analysis by the United States intelligence community 

9 of the available intelligence related to the matters re10 ferred to in paragraphs (1) through (3), including 

11 intelligence from foreign intelligence services, that 

12 served as a basis during the period referred to in 

13 paragraph (1) for—

14 (A) reports, testimony, and presentations 

15 to policymakers in the Executive Branch and 

16 Congress, and to United Nations bodies and 

17 other consumers; and 

18 (B) assessments that were used or dissemi19 nated by the Executive Branch. 

20 (5) To examine and evaluate the effect, if any, 

21 on the United States intelligence community of the 

22 actions of Executive Branch officials regarding the 

23 collection, analysis, and reporting on intelligence 

24 matters referred to in paragraphs (1) through (3). 
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1 (6) To examine and evaluate the relevant facts 

2 and circumstances relating to the use and dissemina3 tion by Executive Branch officials of intelligence and 

4 intelligence analyses underlying assessment of intel5 ligence matters referred to in paragraphs (1) 

6 through (3) during the period referred to in para7 graph (1), including assessments contained in public 

8 speeches, statements, and interviews, reports to and 

9 testimony before Congress, and communications with 

10 and reports and presentations to United Nations 

11 bodies. 

12 (7) To build on the investigations of other enti13 ties, and avoid unnecessary duplication, by reviewing 

14 the work, findings, conclusions, and recommenda15 tions of other Executive Branch, Congressional, or 

16 independent commission investigations into the col17 lection, analysis, reporting, use, and dissemination of 

18 intelligence related to Iraq by the United States. 

19 (8) Based on the examinations and evaluations 

20 under paragraphs (1) through (6) and the work, 

21 findings, conclusions, and recommendations of other 

22 investigations referred to in paragraph (7), to iden23 tify corrective measures to improve the collection, 

24 analysis, reporting, use, and dissemination of intel25 ligence by the Executive Branch, and to report to 
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1 the President and Congress on the examinations, 

2 evaluations, findings, and conclusions of the Com3 mission and on the recommendations of the Commis4 sion with respect to such corrective measures. 

5 SEC. 4. COMPOSITION OF COMMISSION. 

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

7 of 10 members, of whom—

8 (1) 1 member shall be appointed by the Presi9 dent, who shall serve as co-chairman of the Commis10 sion; 

11 (2) 1 member shall be appointed by the leader 

12 of the Senate (majority or minority leader, as the 

13 case may be) of the Democratic Party, in consulta14 tion with the leader of the House of Representatives 

15 (majority or minority leader, as the case may be) of 

16 the Democratic Party, who shall serve as co-chair17 man of the Commission; 

18 (3) 2 members shall be appointed by the senior 

19 member of the Senate leadership of the Democratic 

20 Party; 

21 (4) 2 members shall be appointed by the senior 

22 member of the leadership of the House of Represent23 atives of the Republican Party;
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1 (5) 2 members shall be appointed by the senior 

2 member of the Senate leadership of the Republican 

3 Party; and 

4 (6) 2 members shall be appointed by the senior 

5 member of the leadership of the House of Represent6 atives of the Democratic Party. 

7 (b) QUALIFICATIONS; INITIAL MEETING.—

8 (1) POLITICAL PARTY AFFILIATION.—Not more 

9 than 5 members of the Commission shall be from 

10 the same political party. 

11 (2) NONGOVERNMENTAL APPOINTEES.—An in12 dividual appointed to the Commission may not be an 

13 officer or employee of the Federal Government or 

14 any State or local government. 

15 (3) OTHER QUALIFICATIONS.—It is the sense of 

16 Congress that individuals appointed to the Commis17 sion should be prominent United States citizens, 

18 with national recognition and significant depth of ex19 perience in such professions as governmental service, 

20 the armed services, law, intelligence, and foreign af21 fairs. 

22 (4) DEADLINE FOR APPOINTMENT.—All mem23 bers of the Commission shall be appointed not later 

24 than one month after the date of the enactment of 

25 this Act. 
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1 (5) INITIAL MEETING.—The Commission shall 

2 meet and begin the operations of the Commission as 

3 soon as practicable. 

4 (c) QUORUM; VACANCIES.—After its initial meeting, 

5 the Commission shall meet upon the joint call of the co6 chairmen or a majority of its members. Six members of 

7 the Commission shall constitute a quorum. Any vacancy 

8 in the Commission shall not affect its powers, but shall 

9 be filled in the same manner in which the original appoint10 ment was made. 

11 SEC. 5. FUNCTIONS OF COMMISSION. 

12 The functions of the Commission are—

13 (1) to conduct an investigation into the relevant 

14 facts and circumstances relating to the collection, 

15 analysis, reporting, use, and dissemination by the 

16 United States intelligence community and others in 

17 the Executive Branch of intelligence relating to Iraq 

18 and Operation Iraqi Freedom, including—

19 (A) an examination and evaluation of the 

20 quantity and quality of United States intel21 ligence underlying assessments made during the 

22 period referred to in section 3(1) of—

23 (i) weapons of mass destruction and 

24 delivery systems capabilities of Iraq; 
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1 (ii) connections and support, if any, of 

2 Iraq with and for the plans and intentions 

3 of terrorist groups to attack the United 

4 States or United States interests abroad; 

5 (B) an examination and evaluation of the 

6 quantity and quality of United States intel7 ligence underlying assessments made during 

8 after the period referred to in section 3(1) on 

9 intelligence matters relating to—

10 (i) the conduct of military and intel11 ligence operations against Iraq; 

12 (ii) the search for and securing of 

13 weapons of mass destruction, related deliv14 ery systems capabilites, and conventional 

15 weapons in Iraq; and 

16 (iii) the military, political, and eco17 nomic aspects of the occupation of Iraq; 

18 (C) an examination and evaluation regard19 ing whether the analytical judgments in the as20 sessments referred to in subparagraphs (A) and 

21 (B) were thorough, timely, objective, inde22 pendent, and reasonable, based upon intel23 ligence collection; 

24 (D) an examination and evaluation of the 

25 accuracy of the assessments referred to in sub-
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1 paragraphs (A) and (B) when compared with 

2 the results of the investigative efforts of the 

3 Iraq Survey Group and other relevant Executive 

4 Branch and Congressional entities, and with 

5 relevant assessments of the United Nations and 

6 other multilateral bodies, foreign governments, 

7 nongovernmental organizations, and other insti8 tutions and individuals; 

9 (E) an examination and evaluation of the 

10 quality of the intelligence on Iraq that was pro11 vided to the United States intelligence commu12 nity and Executive Branch policymakers, in13 cluding by foreign intelligence services, that 

14 served as a basis during the period referred to 

15 in section 3(1) for—

16 (i) reports, testimony, and presen17 tations to policymakers in the Executive 

18 Branch and Congress, and to United Na19 tions bodies and other consumers; and 

20 (ii) assessments that were used or dis21 seminated by the Executive Branch; 

22 (F) a determination of the extent, if any, 

23 to which elements of the United States intel24 ligence community were inappropriately pres25 sured by members of the Executive Branch to
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1 produce intelligence consistent with such mem2 bers policy objectives, and of the extent, if any, 

3 to which intelligence was manipulated or mis4 represented by members of the Executive 

5 Branch or elements under their control; 

6 (G) an assessment of the extent to which 

7 Congress was kept fully and currently informed 

8 about intelligence related to Iraq and Operation 

9 Iraqi Freedom; 

10 (H) a determination of the extent to which 

11 the intelligence of the United States intelligence 

12 community, and of the United States Armed 

13 Forces and coalition forces, were sufficiently ac14 curate, thorough, timely, objective, and inde15 pendent to prepare such forces to conduct effec16 tive military and intelligence operations against 

17 Iraq, including the search for and securing of 

18 weapons of mass destruction and conventional 

19 weapons in Iraq, and to prepare such forces 

20 and other United States and coalition entities 

21 to successfully carry out the military, political, 

22 and economic aspects of the occupation of Iraq; 

23 and 

24 (I) an examination, evaluation, and assess25 ment of such other related facts and cir-
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1 cumstances that the Commission considers ap2 propriate; 

3 (2) to identify, review, and evaluate the lessons 

4 learned from issues related to the collection, anal5 ysis, reporting, use, and dissemination of intelligence 

6 relating to Iraq and Operation Iraqi Freedom; 

7 (3) to investigate the facts and circumstances 

8 relating to disclosures, if any, by Executive Branch 

9 officials of the identify of a covert Central Intel10 ligence Agency official; and 

11 (4) to submit to the President and Congress the 

12 reports provided for by section 11. 

13 SEC. 6. POWERS OF COMMISSION. 

14 (a) IN GENERAL.—

15 (1) HEARINGS AND EVIDENCE.—The Commis16 sion or, on the authority of the Commission, any 

17 subcommittee or member thereof, may, for the pur18 pose of carrying out this Act—

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

20 such times and places, take such testimony, re21 ceive such evidence, administer such oaths; and 

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

23 by subpoena or otherwise, the attendance and 

24 testimony of such witnesses and the production 

25 of such books, records, correspondence, memo-
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1 randa, papers, and documents, as the Commis2 sion or such designated subcommittee or des3 ignated member may determine advisable. 

4 (2) SUBPOENAS.—

5 (A) ISSUANCE.—

6 (i) IN GENERAL.—A subpoena may be 

7 issued under this subsection only—

8 (I) by the joint agreement of the 

9 co-chairmen; or 

10 (II) by the affirmative vote of 5 

11 members of the Commission. 

12 (ii) SIGNATURE.—Subject to clause 

13 (i), subpoenas issued under this subsection 

14 may be issued under the signature of a co15 chairman or any member designated by 5 

16 members of the Commission, and may be 

17 served by any person designated by a co18 chairman or by a member designated by 5 

19 members of the Commission. 

20 (B) ENFORCEMENT.—

21 (i) IN GENERAL.—In the case of con22 tumacy or failure to obey a subpoena 

23 issued under subsection (a), the United 

24 States district court for the judicial district 

25 in which the subpoenaed person resides, is 
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1 served, or may be found, or where the sub2 poena is returnable, may issue an order re3 quiring such person to appear at any des4 ignated place to testify or to produce docu5 mentary or other evidence. Any failure to 

6 obey the order of the court may be pun7 ished by the court as a contempt of that 

8 court. 

9 (ii) ADDITIONAL ENFORCEMENT.—In 

10 the case of any failure of any witness to 

11 comply with any subpoena or to testify 

12 when summoned under authority of this 

13 section, the Commission may certify a 

14 statement of fact constituting such failure 

15 to the appropriate United States attorney, 

16 who may bring the matter before the grand 

17 jury for its action, under the same statu18 tory authority and procedures as if the 

19 United States attorney had received a cer20 tification under sections 102 through 104 

21 of the Revised Statutes of the United 

22 States (2 U.S.C. 192 through 194). 

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

24 extent and in such amounts as are provided in appropria-
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1 tion Acts, enter into contracts to enable the Commission 

2 to discharge its duties under this Act. 

3 (c) INFORMATION FROM FEDERAL AGENCIES.—

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

5 directly from any executive department, bureau, 

6 agency, board, commission, office, independent es7 tablishment, or instrumentality of the Government, 

8 information, suggestions, estimates, and statistics 

9 for the purposes of this Act. Each department, bu10 reau, agency, board, commission, office, independent 

11 establishment, or instrumentality shall, to the extent 

12 authorized by law, furnish such information, sugges13 tions, estimates, and statistics directly to the Com14 mission, upon request made by a co-chairman, the 

15 chairman or co-chairman of any subcommittee cre16 ated by 5 members of the Commission, or any mem17 ber designated by 5 members of the Commission. 

18 (2) RECEIPT, HANDLING, STORAGE, AND DIS19 SEMINATION.—Information shall only be received, 

20 handled, stored, and disseminated by members of 

21 the Commission and its staff consistent with all ap22 plicable statutes, regulations, and Executive orders. 

23 (d) ASSISTANCE FROM FEDERAL AGENCIES.—

24 (1) GENERAL SERVICES ADMINISTRATION.—

25 The Administrator of General Services shall provide 
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1 to the Commission on a reimbursable basis adminis2 trative support and other services for the perform3 ance of the Commission’s functions. 

4 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

5 addition to the assistance prescribed in paragraph 

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

7 may provide to the Commission such services, funds, 

8 facilities, staff, and other support services as they 

9 may determine advisable and as may be authorized 

10 by law. 

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

12 dispose of gifts or donations of services or property. 

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

14 the United States mails in the same manner and under 

15 the same conditions as departments and agencies of the 

16 United States. 

17 SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COM18 MITTEE ACT. 

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

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

21 (b) PUBLIC MEETINGS AND RELEASE OF PUBLIC

22 VERSIONS OF REPORTS.—The Commission shall—

23 (1) hold public hearings and meetings to the ex24 tent appropriate; and
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1 (2) release public versions of the reports pro2 vided for by subsections (a) and (b) of section 11. 

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

4 Commission shall be conducted in a manner consistent 

5 with the protection of information provided to or developed 

6 for or by the Commission as required by any applicable 

7 statute, regulation, or Executive order. 

8 SEC. 8. STAFF OF COMMISSION. 

9 (a) IN GENERAL.—

10 (1) APPOINTMENT AND COMPENSATION.—The 

11 co-chairmen, acting jointly and in accordance with 

12 rules agreed upon by the Commission, may appoint 

13 and fix the compensation of a staff director and 

14 such other personnel as may be necessary to enable 

15 the Commission to carry out its functions, without 

16 regard to the provisions of title 5, United States 

17 Code, governing appointments in the competitive 

18 service, and without regard to the provisions of 

19 chapter 51 and subchapter III of chapter 53 of such 

20 title relating to classification and General Schedule 

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

22 subsection may exceed the equivalent of that payable 

23 for a position at level V of the Executive Schedule 

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

25 (2) PERSONNEL AS FEDERAL EMPLOYEES.—
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1 (A) IN GENERAL.—The executive director 

2 and any personnel of the Commission who are 

3 employees shall be employees under section 

4 2105 of title 5, United States Code, for pur5 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

6 and 90 of that title. 

7 (B) MEMBERS OF COMMISSION.—Subpara8 graph (A) shall not be construed to apply to 

9 members of the Commission. 

10 (b) DETAILEES.—Any Federal Government employee 

11 may be detailed to the Commission without reimbursement 

12 from the Commission, and such detailee shall retain the 

13 rights, status, and privileges of his or her regular employ14 ment without interruption. 

15 (c) CONSULTANT SERVICES.—The Commission may 

16 procure the services of experts and consultants in accord17 ance with section 3109 of title 5, United States Code, but 

18 at rates not to exceed the daily rate paid a person occu19 pying a position at level IV of the Executive Schedule 

20 under section 5315 of title 5, United States Code. 

21 SEC. 9. COMPENSATION AND TRAVEL EXPENSES. 

22 (a) COMPENSATION.—Each member of the Commis23 sion may be compensated at not to exceed the daily equiva24 lent of the annual rate of basic pay in effect for a position 

25 at level IV of the Executive Schedule under section 5315 
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1 of title 5, United States Code, for each day during which 

2 that member is engaged in the actual performance of the 

3 duties of the Commission. 

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

5 homes or regular places of business in the performance 

6 of services for the Commission, members of the Commis7 sion shall be allowed travel expenses, including per diem 

8 in lieu of subsistence, in the same manner as persons em9 ployed intermittently in the Government service are al10 lowed expenses under section 5703(b) of title 5, United 

11 States Code. 

12 SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEM13 BERS AND STAFF. 

14 The appropriate Federal agencies or departments 

15 shall cooperate with the Commission in expeditiously pro16 viding to the Commission members and staff appropriate 

17 security clearances to the extent possible pursuant to ex18 isting procedures and requirements, except that no person 

19 shall be provided with access to classified information 

20 under this Act without the appropriate security clearances. 

21 SEC. 11. REPORTS OF COMMISSION; TERMINATION. 

22 (a) INTERIM REPORTS.—The Commission may sub23 mit to the President and Congress interim reports con24 taining such examinations, evaluations, findings, and con25 clusions of the Commission, and such recommendations 
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1 with respect to corrective measures (including changes in 

2 policies, practices, organizational structures, and arrange3 ments), as have been agreed to by a majority of Commis4 sion members. 

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

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

7 shall submit to the President and Congress a final report 

8 containing such examinations, evaluations, findings, and 

9 conclusions of the Commission, and such recommenda10 tions with respect to corrective measures (including 

11 changes in policies, practices, organizational structures, 

12 and arrangements), as have been agreed to by a majority 

13 of Commission members. 

14 (c) TERMINATION.—

15 (1) IN GENERAL.—The Commission, and all the 

16 authorities of this Act, shall terminate 60 days after 

17 the date on which the final report is submitted 

18 under subsection (b). 

19 (2) ADMINISTRATIVE ACTIVITIES BEFORE TER20 MINATION.—The Commission may use the 60-day 

21 period referred to in paragraph (1) for the purpose 

22 of concluding its activities, including providing testi23 mony to committees of Congress concerning its re24 ports and disseminating the final report. 
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1 SEC. 12. FUNDING. 

2 (a) IN GENERAL.—Of the amounts authorized to be 

3 appropriated for the intelligence and intelligence-related 

4 activities of the United States Government for fiscal year 

5 2004, $15,000,000 shall be available for transfer to the 

6 Commission for purposes of the activities of the Commis7 sion under this Act. 

8 (b) DURATION OF AVAILABILITY.—Amounts made 

9 available to the Commission under subsection (a) shall re10 main available until the termination of the Commission.

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