[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 779 Introduced in House (IH)]

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114th CONGRESS
  2d Session
H. RES. 779

Enforcing the Constitution's separation of powers and the congressional 
    prerogative of disclosure under the speech or debate clause by 
  directing the Chairman and ranking minority member of the Permanent 
  Select Committee on Intelligence of the House of Representatives to 
   publish in the Congressional Record the 28-page chapter which was 
redacted from the December 2002 Final Report of the Joint Inquiry into 
   Intelligence Community Activities Before and After the Terrorist 
                     Attacks of September 11, 2001.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2016

   Mr. Jones (for himself, Mr. Massie, and Mr. Lynch) submitted the 
   following resolution; which was referred to the Committee on Rules

_______________________________________________________________________

                               RESOLUTION


 
Enforcing the Constitution's separation of powers and the congressional 
    prerogative of disclosure under the speech or debate clause by 
  directing the Chairman and ranking minority member of the Permanent 
  Select Committee on Intelligence of the House of Representatives to 
   publish in the Congressional Record the 28-page chapter which was 
redacted from the December 2002 Final Report of the Joint Inquiry into 
   Intelligence Community Activities Before and After the Terrorist 
                     Attacks of September 11, 2001.

Whereas in December 2002, the Joint Inquiry into Intelligence Community 
        Activities Before and After the Terrorist Attacks of September 11, 2001, 
        chaired by then Representative Porter Goss (R-FL) and then Senator Bob 
        Graham (D-FL) issued a Final Report, from which a 28-page chapter was 
        redacted and classified allegedly to protect intelligence sources and 
        methods;
Whereas according to the Joint Inquiry, the redacted pages detail ``specific 
        sources of foreign support for some of the September 11th hijackers 
        while they were in the United States'';
Whereas Senator Graham has described this 28-page chapter as a ``smoking gun'' 
        that implicates Saudi Arabia in financing Saudi nationals complicit in 
        the 9/11 international terrorist murders while residing in San Diego;
Whereas this 28-page chapter is a congressional document and thereby the 
        property of Congress, a fact confirmed by the Central Intelligence 
        Agency in responding by letter to a Mandatory Declassification Review 
        request on September 21, 2011, stating, ``The U.S. Congress is the 
        `owner' of this document. . . .'';
Whereas the Constitution's separation of powers doctrine prohibits the President 
        from classifying congressional documents or seeking to prevent Congress 
        from disclosing congressional materials to the American people;
Whereas there is substantial precedent for this resolution, such as the example 
        of the Senate Select Committee to Study Government Operations with 
        Respect to Intelligence Activities (``Church Committee''), which in 
        November 1975 published a report on ``Alleged Assassination Plots 
        Involving Foreign Leaders'';
Whereas, on October 31, 1975, President Gerald R. Ford argued to the Church 
        Committee that, ``It is my opinion that public disclosure now of 
        information . . . concerning allegations of political assassination 
        activities of the United States Government will result in grievous harm 
        to the national interest . . . .'', but Chairman Frank Church rejoined 
        in defense of publication that ``the national interest is better served 
        by letting the American people know the true and complete story. A basic 
        tenet of our democracy is that the people must be told the mistakes of 
        their government so that they may have the opportunity to correct 
        them.'', and history proved President Ford wrong and Chairman Church 
        right;
Whereas the United States Supreme Court in Gravel v. United States, 408 U.S. 606 
        (1972), upheld the constitutional prerogative of Members of Congress or 
        committees of Congress to disclose classified information under the 
        speech or debate clause of article I, section 6, clause 1 in the 
        exercise of their oversight duties;
Whereas the Chairman and ranking minority member of the Permanent Select 
        Committee on Intelligence of the House of Representatives, 
        Representative Devin Nunes (R-CA) and Representative Adam Schiff (D-CA), 
        who have jurisdiction of the issue, support declassification and 
        publication of this 28-page chapter to the American people;
Whereas an ambassador and Foreign Minister of Saudi Arabia have urged 
        declassification and publication of this 28-page chapter;
Whereas former co-chair of the Senate Select Committee on Intelligence, Richard 
        Shelby (R-Ala) has stated as regards to this 28-page chapter: ``I . . . 
        read every one of those pages thoroughly. My judgment is that 95 percent 
        of that information should be declassified and become uncensored so the 
        American people would know.'';
Whereas President George Washington in his Farewell Address warned against 
        paying ``habitual'' homage toward any foreign nation;
Whereas declassification and disclosure of this 28-page chapter might prompt 
        Congress to alter the foreign policy of the United States toward Saudi 
        Arabia;
Whereas the American people demand justice and deserve to know the full story 
        regarding the September 11, 2001, terrorist attacks;
Whereas the families of the murdered victims and the survivors of the September 
        11, 2001, terrorist attacks deserve full and public disclosure of the 
        entirety of the results of the Joint Inquiry Into Intelligence Community 
        Activities Before and After the Terrorist Attacks of September 11, 2001, 
        which was undertaken by Congress on behalf of and for the protection of 
        the American people;
Whereas sunshine is said to be the best of disinfectants;
Whereas Government by the consent of the governed subordinates secrecy to 
        transparency; and
Whereas justice and truth must prevail over the embarrassment or protection of 
        enemies of the American people that aided, abetted, or materially 
        assisted the gruesome international terrorist murders of 9/11: Now, 
        therefore, be it
    Resolved, That not later than 7 days after the date of the adoption 
of this resolution, the Chairman and ranking minority member of the 
Permanent Select Committee on Intelligence of the House of 
Representatives shall publish in the Congressional Record the 28-page 
chapter which was redacted from the December 2002 Final Report of the 
Joint Inquiry into Intelligence Community Activities Before and After 
the Terrorist Attacks of September 11, 2001.
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