III 113th CONGRESS 2d Session S. RES. 343 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

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 ). 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. 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. 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. 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. 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. 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. 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). 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.