,,iii #aacth ,,congress #b;d ,session ,s4 ,,res4 #cdc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #d1 #bjad,mr4 ,mc,cain submitted the following resolution2 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 programs1 operations1 and activities1 including programs affecting ,americans1 to make findings based upon the investigation1 and to make recommendations based on the investigation and findings4 ,whereas since ,june #bjac1 publications have revealed details about certain ,national ,security ,agency intelligence-collection programs1 operations1 and activities1 including intelligence-collection programs affecting ,americans2 ,whereas such publications appear to be based in substantial part on unauthorized disclosures of classified information concerning intelligence collection2 ,whereas the unauthorized disclosure of classified information is a felony under ,federal law2 ,whereas the ,national ,security ,agency relies on ,federal agency contractors to carry out important aspects of its national security mission2 ,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 disclosures2 ,whereas such unauthorized disclosures may cause damage to ,united ,states national security interests1 intelligence sources and methods1 and relationships with key allies2 ,whereas senior officials in the intelligence community may have misled ,congress or otherwise obfuscated the nature1 extent1 or use of certain intelligence-collection programs1 operations1 and activities of the ,national ,security ,agency1 including intelligence-collection programs affecting ,americans2 ,whereas the provision of incomplete or inaccurate information by officials of the intelligence community has inhibited effective congressional oversight of certain intelligence-collection programs1 operations1 and activities of the ,national ,security ,agency1 including intelligence-collection programs affecting ,americans1 and undermined congressional and public support of these programs2 ,whereas intelligence-collection programs1 operations1 and activities of the ,national ,security ,agency have been valuable to combating terrorism and ensuring the security of the homeland2 ,whereas some such programs1 operations1 and activities that are the subject matter of the unauthorized disclosures may not have been authorized1 or may have exceeded that which was authorized1 by law1 or may not have been permitted under the ,constitution of the ,united ,states2 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 #ab1 #bjac3 ,now1 therefore1 be it #a4 ,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 7hereinafter in this ,resolution referred to as the ,select ,committee74 #b4 ,functions and duties 7a7 ,general duties ,the ,select ,committee is authorized and directed-- 7#a7 to make a full and thorough investigation of the unauthorized disclosures that have occurred since ,june #bjac of apparently classified information concerning the ,national ,security ,agency intelligence-collection programs1 operations1 and activities1 including intelligence-collection programs affecting ,americans2 7#b7 to make findings based upon the investigation carried out under paragraph 7#a72 7#c7 to submit to ,congress and the ,president recommendations based on the investigation carried out under paragraph 7#a7 and the findings made under paragraph 7#b72 and 7#d7 to take any actions necessary and appropriate to carry out paragraphs 7#a71 7#b71 and 7#c74 7b7 ,particular duties ,without abridging in any way the authority conferred upon the ,select ,committee in subsection 7a71 the ,senate further expressly authorizes and directs the ,select ,committee to make a complete investigation and make findings and recommendations related to the following3 7#a7 ,the unauthorized disclosures of apparently classified information concerning the ,national ,security ,agency intelligence-collection programs1 operations1 and activities1 including intelligence-collection programs affecting ,americans that have occurred since ,june #bjac1 including-- 7,a7 the circumstances under which unauthorized disclosure occurred2 7,b7 the extent of the damage done to ,united ,states national security interests1 intelligence sources and methods1 and relationships with key allies2 and 7,c7 how such damage may be mitigated4 7#b7 ,contracting by the ,national ,security ,agency1 in particular-- 7,a7 the extent of reliance by the ,agency on contract employees to carry out important aspects of the national security mission of the ,agency2 7,b7 the extent to which contractors with access to classified information were properly vetted2 7,c7 the sufficiency of internal controls to ensure only properly cleared contractors with a need to know had access to classified information2 7,d7 whether adequate remedial measures have been put in place to address identified deficiencies in the foregoing areas2 and 7,e7 whether any oversight or legislation is needed to reform any issues identified by the use of ,federal contractors in the intelligence agencies4 7#c7 ,the nature and scope of ,national ,security ,agency intelligence-collection programs1 operations1 and activities1 including intelligence-collection programs affecting ,americans1 that were the subject matter of the unauthorized disclosure1 including-- 7,a7 the extent of domestic surveillance authorized by law2 7,b7 the legal authority that served as the basis for the ,national ,security ,agency intelligence-collection programs1 operations1 and activities that are the subject matter of those disclosures2 7,c7 the extent to which such programs1 operations1 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 ,states2 7,d7 the extent and sufficiency of oversight of such programs1 operations1 and activities by ,congress and the ,executive ,branch2 and 7,e7 the need for greater transparency and more effective congressional oversight of intelligence community activities4 7#d7 ,whether existing laws of the ,united ,states are adequate1 either in their provisions or manner of enforcement1 to safeguard the rights and privacies of citizens of the ,united ,states4 7#e7 ,the terrorist activities that were disrupted1 in whole or in part1 with the aid of information obtained through the ,national ,security ,agency intelligence-collection programs1 operations1 and activities that were the subject matter of those disclosures and whether this information could have been promptly obtained by other means4 7#f7 ,the findings and recommendations of the ,review ,group on ,intelligence and ,communications ,technologies established by the ,president1 including-- 7,a7 the feasibility1 costs1 and benefits of such findings and recommendations2 and 7,b7 the legislative action that would be required to implement those findings and recommendations4 7#g7 ,the need for specific legislative authority to govern the operations of the intelligence collection activities and practices of the ,national ,security ,agency1 including recommendations and proposals for legislation4 #c4 ,membership 7a7 ,in general ,subject to subsection 7b71 the ,select ,committee shall be composed of #ad members as follows3 7#a7 ,the chairman and vice chairman of the ,select ,committee on ,intelligence of the ,senate4 7#b7 ,the chairman and ranking member of the ,committee on ,armed ,services of the ,senate4 7#c7 ,the chairman and ranking member of the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7#d7 ,the chairman and ranking member of the ,committee on ,foreign ,relations of the ,senate4 7#e7 ,the chairman and ranking member of the ,committee on the ,judiciary of the ,senate4 7#f7 ,the chairman and ranking member of the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#g7 ,one ,senator selected by the majority leader of the ,senate4 7#h7 ,one ,senator selected by the minority leader of the ,senate4 7b7 ,alternative membership ,if the chairman1 vice chairman1 or ranking member of a committee referred to in paragraphs 7#a7 through 7#f7 of subsection 7a7 declines to serve on the ,select ,committee1 then the majority leader of the ,senate in the case of a chairman1 or the minority leader of the ,senate in the case of a vice chairman or ranking member1 shall designate a member from that committee to serve on the ,select ,committee4 7c7 ,date ,the appointments of the members of the ,select ,committee shall be made not later than #cj days after the date of adoption of this ,resolution4 7d7 ,vacancies ,any vacancy in the ,select ,committee shall not affect its powers1 but shall be filled in the same manner as the original appointment4 7e7 ,chairman and vice chairman 7#a7 ,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 vote4 7#b7 ,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 vote4 7f7 ,service ,service of a ,senator as a member1 chairman1 or vice chairman of the ,select ,committee shall not be taken into account for the purposes of paragraph 7#d7 of rule ,,xxv of the ,standing ,rules of the ,senate4 #d4 ,rules 7a7 ,governance under standing rules of ,senate ,except as otherwise specifically provided in this ,resolution1 the investigation and hearings conducted by the ,select ,committee shall be governed by the ,standing ,rules of the ,senate4 7b7 ,additional rules and procedures ,the ,select ,committee may adopt additional rules or procedures if the chairman and the vice chairman of the ,select ,committee agree1 or if the ,select ,committee by majority vote so decides1 that such additional rules or procedures are necessary or advisable to enable the ,select ,committee to conduct the investigation and hearings authorized by this ,resolution4 ,any such additional rules and procedures-- 7#a7 shall not be inconsistent with this ,resolution or the ,standing ,rules of the ,senate2 and 7#b7 shall become effective upon publication in the ,congressional ,record4 #e4 ,authorities 7a7 ,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 ,senate4 7b7 ,powers ,the ,select ,committee may1 for the purpose of carrying out this ,resolution-- 7#a7 hold hearings2 7#b7 administer oaths2 7#c7 sit and act at any time or place during the sessions1 recess1 and adjournment periods of the ,senate2 7#d7 authorize and require1 by issuance of subpoena or otherwise1 the attendance and testimony of witnesses and the preservation and production of books1 records1 correspondence1 memoranda1 papers1 documents1 tapes1 and any other materials in whatever form the ,select ,committee considers advisable2 7#e7 take testimony1 orally1 by sworn statement1 by sworn written interrogatory1 or by deposition1 and authorize staff members to do the same2 and 7#f7 issue letters rogatory and requests1 through appropriate channels1 for any other means of international assistance4 7c7 ,authorization1 ,issuance1 and ,enforcement of ,subpoenas 7#a7 ,authorization ,subpoenas authorized and issued under this section-- 7,a7 may be done with the joint concurrence of the chairman and the vice chairman of the ,select ,committee2 7,b7 shall bear the signature of the chairman or the vice chairman of the ,select ,committee or the designee of such chairman or vice chairman2 and 7,c7 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 law4 7d7 ,enforcement ,the ,select ,committee may make to the ,senate by report or ,resolution any recommendation1 including a recommendation for criminal or civil enforcement1 that the ,select ,committee considers appropriate with respect to-- 7#a7 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 7b77#d7 in obedience to a subpoena or order of the ,select ,committee2 7#b7 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 ,committee2 or 7#c7 the failure or refusal of any person to comply with any subpoena or order issued under the authority of subsection 7c74 7e7 ,access to information ,the ,select ,committee shall have1 to the fullest extent permitted by law1 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 #c4 7f7 ,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 power1 or the discharge by such committee of any duty1 conferred or imposed upon it by the ,standing ,rules of the ,senate or by the ,legislative ,reorganization ,act of #aidf 7#fj ,stat4 #hab1 chapter #gec74 7g7 ,quorum 7#a7 ,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 ,senate4 7#b7 ,testimony ,one member of the ,select ,committee shall constitute a quorum for the purpose of taking testimony4 7#c7 ,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 ,committee4 7h7 ,security clearances ,each member of the ,select ,committee shall have an appropriate security clearance4 7i7 ,violations of law 7#a7 ,reports of violation of law ,if the chairman and vice chairman of the ,select ,committee1 or a majority of the ,select ,committee determine that there is reasonable cause to believe that a violation of law may have occurred1 the chairman and vice chairman by letter1 or the ,select ,committee by resolution1 are authorized to report such violation to the proper ,federal1 ,state1 or local authorities4 ,any such letter or report may recite the basis for the determination of reasonable cause4 7#b7 ,construction ,nothing in this subsection may be construed to authorize the release of documents or testimony4 7j7 ,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 ,resolution4 #f4 ,reports 7a7 ,requirement for report ,not later than #ahj days after the appointment of members to the ,select ,committee1 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 ,resolution1 together with any recommendations for ,congress and the ,president based on the investigation and findings of the ,select ,committee4 7b7 ,interim reports ,the ,select ,committee may submit to the ,senate such interim reports as the ,select ,committee considers appropriate4 7c7 ,form of reports ,each report submitted under this section shall be submitted in unclassified form to the greatest extent possible1 and may include a classified annex if necessary4 #g4 ,administrative provisions 7a7 ,staff 7#a7 ,in general ,the ,select ,committee may employ in accordance with paragraph 7#b7 a staff composed of such clerical1 investigatory1 legal1 technical1 and other personnel as the ,select ,committee1 or the chairman and the vice chairman of the ,select ,committee1 considers necessary or appropriate4 7#b7 ,appointment of staff ,the staff of the ,select ,committee shall consist of such personnel as the chairman and the vice chairman shall jointly appoint4 ,such staff may be removed jointly by the chairman and the vice chairman1 and shall work under the joint general supervision and direction of the chairman and the vice chairman4 7b7 ,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 ,committee4 7c7 ,reimbursement of expenses ,the ,select ,committee may reimburse the members of its staff for travel1 subsistence1 and other necessary expenses incurred by such staff members in the performance of their functions for the ,select ,committee4 7d7 ,services of ,senate staff ,the ,select ,committee may use1 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 ,senate1 the facilities of any other committee of the ,senate1 or the services of any members of the staff of such committee or subcommittee1 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 responsibilities1 duties1 or functions under this ,resolution4 7e7 ,detail of employees ,the ,select ,committee may use on a reimbursable basis1 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 ,senate1 the services of personnel of such department or agency4 7f7 ,temporary and intermittent services ,the ,select ,committee may procure the temporary or intermittent services of individual consultants1 or organizations thereof4 7g7 ,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 ,committee4 ,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 ,senate4 ,amounts made available under this subsection shall be expended in accordance with regulations prescribed by the ,committee on ,rules and ,administration of the ,senate4 #h4 ,definitions ,in this ,resolution3 7#a7 ,classified information ,the term classified information has the meaning given that term in section #hjd of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafd774 7#b7 ,intelligence community ,the term intelligence community has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 #i4 ,effective date2 termination 7a7 ,effective date ,this ,resolution shall take effect on the date of the adoption of this ,resolution4 7b7 ,termination ,the ,select ,committee shall terminate #fj days after the submittal of the report required by section #f7;a74 7c7 ,disposition of records ,upon termination of the ,select ,committee1 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 ,senate4