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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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Iraq Intelligence
Commission Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established the National Commission on Iraq Intelligence
(in this Act referred to as the ``Commission'').
SEC. 3. PURPOSES.
The purposes of the Commission are as follows:
(1) To examine and evaluate the performance of the United
States intelligence community with respect to the collection of
intelligence, and the quality of intelligence obtained, on the
weapons of mass destruction and related delivery systems
capabilities of Iraq in the period from 1998 until the
conclusion of military operations against Iraq under Operation
Iraqi Freedom.
(2) To examine and evaluate the performance of the United
States intelligence community with respect to the collection of
intelligence, and the quality of intelligence obtained, on the
connections and support, if any, of Iraq with and for the plans
and intentions of terrorist groups to attack the United States
or United States interests abroad during the period referred to
in paragraph (1).
(3) To examine and evaluate the performance of the United
States intelligence community with respect to the collection of
intelligence, and the quality of intelligence obtained, during
and after the period referred to in paragraph (1), on matters
relating to--
(A) the conduct of military and intelligence
operations against Iraq;
(B) the search for and securing of weapons of mass
destruction, related delivery systems capabilities, and
conventional weapons in Iraq; and
(C) the military, political, and economic aspects
of the occupation of Iraq.
(4) To examine and evaluate the quality of the analysis by
the United States intelligence community of the available
intelligence related to the matters referred to in paragraphs
(1) through (3), including intelligence from foreign
intelligence services, that served as a basis during the period
referred to in paragraph (1) for--
(A) reports, testimony, and presentations to
policymakers in the Executive Branch and Congress, and
to United Nations bodies and other consumers; and
(B) assessments that were used or disseminated by
the Executive Branch.
(5) To examine and evaluate the effect, if any, on the
United States intelligence community of the actions of
Executive Branch officials regarding the collection, analysis,
and reporting on intelligence matters referred to in paragraphs
(1) through (3).
(6) To examine and evaluate the relevant facts and
circumstances relating to the use and dissemination by
Executive Branch officials of intelligence and intelligence
analyses underlying assessment of intelligence matters referred
to in paragraphs (1) through (3) during the period referred to
in paragraph (1), including assessments contained in public
speeches, statements, and interviews, reports to and testimony
before Congress, and communications with and reports and
presentations to United Nations bodies.
(7) To build on the investigations of other entities, and
avoid unnecessary duplication, by reviewing the work, findings,
conclusions, and recommendations of other Executive Branch,
Congressional, or independent commission investigations into
the collection, analysis, reporting, use, and dissemination of
intelligence related to Iraq by the United States.
(8) Based on the examinations and evaluations under
paragraphs (1) through (6) and the work, findings, conclusions,
and recommendations of other investigations referred to in
paragraph (7), to identify corrective measures to improve the
collection, analysis, reporting, use, and dissemination of
intelligence by the Executive Branch, and to report to the
President and Congress on the examinations, evaluations,
findings, and conclusions of the Commission and on the
recommendations of the Commission with respect to such
corrective measures.
SEC. 4. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 1 member shall be appointed by the President, who shall
serve as co-chairman of the Commission;
(2) 1 member shall be appointed by the leader of the Senate
(majority or minority leader, as the case may be) of the
Democratic Party, in consultation with the leader of the House
of Representatives (majority or minority leader, as the case
may be) of the Democratic Party, who shall serve as co-chairman
of the Commission;
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party;
(4) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party;
(5) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party; and
(6) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service, the armed services, law, intelligence,
and foreign affairs.
(4) Deadline for appointment.--All members of the
Commission shall be appointed not later than one month after
the date of the enactment of this Act.
(5) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the joint call of the co-chairmen or a majority of its
members. Six members of the Commission shall constitute a quorum. Any
vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner in which the original appointment was made.
SEC. 5. FUNCTIONS OF COMMISSION.
The functions of the Commission are--
(1) to conduct an investigation into the relevant facts and
circumstances relating to the collection, analysis, reporting,
use, and dissemination by the United States intelligence
community and others in the Executive Branch of intelligence
relating to Iraq and Operation Iraqi Freedom, including--
(A) an examination and evaluation of the quantity
and quality of United States intelligence underlying
assessments made during the period referred to in
section 3(1) of--
(i) weapons of mass destruction and
delivery systems capabilities of Iraq;
(ii) connections and support, if any, of
Iraq with and for the plans and intentions of
terrorist groups to attack the United States or
United States interests abroad;
(B) an examination and evaluation of the quantity
and quality of United States intelligence underlying
assessments made during after the period referred to in
section 3(1) on intelligence matters relating to--
(i) the conduct of military and
intelligence operations against Iraq;
(ii) the search for and securing of weapons
of mass destruction, related delivery systems
capabilites, and conventional weapons in Iraq;
and
(iii) the military, political, and economic
aspects of the occupation of Iraq;
(C) an examination and evaluation regarding whether
the analytical judgments in the assessments referred to
in subparagraphs (A) and (B) were thorough, timely,
objective, independent, and reasonable, based upon
intelligence collection;
(D) an examination and evaluation of the accuracy
of the assessments referred to in subparagraphs (A) and
(B) when compared with the results of the investigative
efforts of the Iraq Survey Group and other relevant
Executive Branch and Congressional entities, and with
relevant assessments of the United Nations and other
multilateral bodies, foreign governments,
nongovernmental organizations, and other institutions
and individuals;
(E) an examination and evaluation of the quality of
the intelligence on Iraq that was provided to the
United States intelligence community and Executive
Branch policymakers, including by foreign intelligence
services, that served as a basis during the period
referred to in section 3(1) for--
(i) reports, testimony, and presentations
to policymakers in the Executive Branch and
Congress, and to United Nations bodies and
other consumers; and
(ii) assessments that were used or
disseminated by the Executive Branch;
(F) a determination of the extent, if any, to which
elements of the United States intelligence community
were inappropriately pressured by members of the
Executive Branch to produce intelligence consistent
with such members policy objectives, and of the extent, if any, to
which intelligence was manipulated or misrepresented by members of the
Executive Branch or elements under their control;
(G) an assessment of the extent to which Congress
was kept fully and currently informed about
intelligence related to Iraq and Operation Iraqi
Freedom;
(H) a determination of the extent to which the
intelligence of the United States intelligence
community, and of the United States Armed Forces and
coalition forces, were sufficiently accurate, thorough,
timely, objective, and independent to prepare such
forces to conduct effective military and intelligence
operations against Iraq, including the search for and
securing of weapons of mass destruction and
conventional weapons in Iraq, and to prepare such
forces and other United States and coalition entities
to successfully carry out the military, political, and
economic aspects of the occupation of Iraq; and
(I) an examination, evaluation, and assessment of
such other related facts and circumstances that the
Commission considers appropriate;
(2) to identify, review, and evaluate the lessons learned
from issues related to the collection, analysis, reporting,
use, and dissemination of intelligence relating to Iraq and
Operation Iraqi Freedom;
(3) to investigate the facts and circumstances relating to
disclosures, if any, by Executive Branch officials of the
identify of a covert Central Intelligence Agency official; and
(4) to submit to the President and Congress the reports
provided for by section 11.
SEC. 6. POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this Act--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, administer such oaths; and
(B) subject to paragraph (2)(A), require, by
subpoena or otherwise, the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, memoranda, papers, and
documents, as the Commission or such designated
subcommittee or designated member may determine
advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the joint agreement of the
co-chairmen; or
(II) by the affirmative vote of 5
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of a co-chairman or
any member designated by 5 members of the
Commission, and may be served by any person
designated by a co-chairman or by a member
designated by 5 members of the Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under
subsection (a), the United States district
court for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
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