Congressional Record: December 20, 2001 (Senate)
Page S13945-S13981
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
[...]
By Mr. LIEBERMAN (for himself and Mr. McCain):
S. 1867. A bill to establish the National Commission on Terrorist
Attacks Upon the United States, and for other purposes; to the
Committee on Governmental Affairs.
Mr. LIEBERMAN. Mr. President, I rise to introduce with my colleague
Senator McCain legislation to establish the National Commission on
Terrorist Attacks Upon the United States. This Commission will have a
broad mandate to examine and report upon the facts and causes relating
to the September 11, 2001 terrorist attacks occurring at the World
Trade Center and at the Pentagon, and it will be charged with making a
"full and complete accounting of the circumstances surrounding the
attacks, and the extent of the United States' preparedness for, and
response to, the attacks." It will "investigate and report to the
President and Congress on its findings, conclusions, and
recommendations for corrective measures that can be taken to prevent
acts of terrorism."
Certain events stand out in our history for having left an indelible
mark of pain and sorrow on America. The infamous attack on Pearl Harbor
not only roused a slumbering giant, but also raised difficult questions
about why our great Navy had been caught unawares. The tragic
assassination of President John F. Kennedy evoked powerful feelings of
sorrow and loss, but also searching questions about the identity and
motives of the assassin. And on this past September 11, the United
States suffered assaults on its territory unparalleled in their
cruelty, destruction and loss of life. Americans were stunned both by
the magnitude of the loss and the maliciously simple plan that had
caused the carnage. Here too, alongside their grief and rage, the
American people have been asking questions: Why was this plan so
successful in achieving its evil goals? Were opportunities missed to
prevent the destruction? What additional steps should be taken now to
prevent any future attacks?
In the immediate aftermath of both Pearl Harbor and the Kennedy
assassination, special commissions were formed to conduct
investigations and answer similar questions. These precedents provide
us with important models as we seek answers to such questions, and then
use the findings to move forward with strategies to respond to the
scourge of terrorism. Like many of my constituents, I too want to know
how September 11 happened, why it happened, and what corrective
measures can be taken to prevent it from ever occurring again. The
American people deserve answers to these very legitimate questions
about how the terrorists succeeded in achieving their brutal
objectives, and in so doing, forever changing the way in which we
Americans lead our lives.
To be successful, this Commission must have a number of resources,
including enough time, a top level staff, ample investigatory powers,
and adequate funding, all of which we have provided for in this
legislation. But most critically, it must have broad bipartisan
support. This Commission must not become a witch-hunt. The events of
September 11 were so cataclysmic that there is enough responsibility to
be shouldered by multiple parties. The overriding purpose of the
inquiry must be a learning exercise, to understand what happened
without preconceptions about its ultimate findings.
Just as Presidents Roosevelt and Johnson turned to national leaders
of their day, Justice Roberts and Chief Justice Warren, to spearhead
the Pearl Harbor and Kennedy assassination inquiries, respectively,
this Commission must also draw upon the great reservoir of bipartisan
talent that our nation possesses to answer crucial and fundamental
questions. We expect that members appointed to this blue-ribbon
Commission will be prominent U.S. citizens, though not currently
serving in public office, with "national recognition and significant
depth of experience in such professions as governmental service, law
enforcement, the armed services, legal practice, public administration,
intelligence gathering, commerce, including aviation matters, and
foreign affairs."
To help ensure that members of the Commission will possess some of
these substantive areas of expertise, which are so critical to
understanding and analyzing the events of September 11, 10 of its 14
members will be appointed by the Senate and House chairmen, in
consultation with their ranking minority members, of the Congressional
committees that oversee Intelligence, Foreign Affairs, Armed Services,
Judiciary, and Commerce. President Bush will appoint the four remaining
members of the Commission, including the Chairman, who in turn will
appoint the staff. In an effort to mandate bipartisanship, or perhaps
more accurately, non-partisanship, no more than 7 of the Commission's
14 members may be from one political party.
Though some of the Commission's recommendations may include
"proposing organization, coordination, planning, management
arrangements, procedures, rules, and regulations," we cannot wait for
the findings of this report to begin the process of strengthening our
Nation's homeland defense. That process, of course, is already
underway, and must continue to occur at a rapid pace to ensure the
continued protection of American lives and property. This Commission
will not issue its first report until six months after its first
meeting, and its final report will be issued another year after that.
Rather than wait for these reports to be researched and submitted, we
must continue the process we have already started to pro-actively
address vulnerabilities that undermine our daily safety. We have
already received the valuable input of numerous other experts and
Commissions, some of which even issued their prescient warnings before
the events of September, such as the Hart-Rudman Commission. When this
proposed Commission completes its investigation and makes its final
recommendations, those suggestions and conclusions will augment the
record we have already developed on ways we can continue to safeguard
our nation.
The Commission is not only the right thing to do, but this is the
right time to do it. Understandably, the initial months after September
11 were preoccupied first with mourning, and then with prosecution of
the war. There were legitimate concerns that a robust investigation
into the causes of September 11 would siphon resources from the ongoing
war effort. But with the first stage of the war against terrorism now
drawing to a close, and with many perplexing questions still before us,
we must now begin in earnest the process of finding answers to how it
happened. This Commission should not be at odds with the war effort of
any federal agency; rather, its efforts will complement the internal
review processes some agencies are undergoing.
Determining the causes and circumstances of the terrorist attacks
will ensure that those who lost their lives on this second American
"day of infamy" did not die in vain. In so doing, this Commission
will not only pay tribute to those who perished, but it will ensure
that their survivors, and all the citizens of this great nation,
continue to live life secure in the knowledge that the U.S. government
is doing all within its powers to preserve their lives, liberties, and
pursuits of happiness.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1867
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established the National Commission on Terrorist
Attacks Upon the United States (in this Act referred to as
the "Commission").
SEC. 2. PURPOSES.
The purposes of the Commission are to--
(1) examine and report upon the facts and causes relating
to the terrorist attacks of September 11, 2001, occurring at
the World Trade Center in New York, New York and at the
Pentagon in Virginia;
[[Page S13952]]
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the attacks;
(3) make a full and complete accounting of the
circumstances surrounding the attacks, and the extent of the
United States' preparedness for, and response to, the
attacks; and
(4) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for corrective
measures that can be taken to prevent acts of terrorism.
SEC. 3. COMPOSITION OF THE COMMISSION.
(a) Members.--The Commission shall be composed of 14
members, of whom--
(1) 4 members shall be appointed by the President;
(2) 1 member shall be appointed by the chairperson, in
consultation with the ranking member, of the Committee on
Armed Services of the Senate ;
(3) 1 member shall be appointed by the chairperson, in
consultation with the ranking member, of the Committee on
Commerce, Science, and Transportation of the Senate;
(4) 1 member shall be appointed by the chairperson, in
consultation with the ranking member, of the Committee on the
Judiciary of the Senate;
(5) 1 member shall be appointed by the chairperson, in
consultation with the ranking member, of the Select Committee
on Intelligence of the Senate;
(6) 1 member shall be appointed by the chairperson, in
consultation with the ranking member, of the Committee on
Foreign Relations of the Senate;
(7) 1 member shall be appointed by the chairperson, in
consultation with the ranking member, of the Committee on
Armed Services of the House of Representatives;
(8) 1 member shall be appointed by the chairperson, in
consultation with the ranking member, of the Committee on
Energy and Commerce of the House of Representatives;
(9) 1 member shall be appointed by the chairperson, in
consultation with the ranking member, of the Committee on the
Judiciary of the House of Representatives;
(10) 1 member shall be appointed by the chairperson, in
consultation with the ranking member, of the Permanent Select
Committee on Intelligence of the House of Representatives;
and
(11) 1 member shall be appointed by the chairperson, in
consultation with the ranking member, of the Committee on
International Relations of the House of Representatives.
(b) Chairperson.--The President shall select the
chairperson of the Commission.
(c) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 7 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, law enforcement, the armed services,
legal practice, public administration, intelligence
gathering, commerce, including aviation matters, and foreign
affairs.
(4) Initial meeting.--If 60 days after the date of
enactment of this Act, 8 or more members of the Commission
have been appointed, those members who have been appointed
may meet and, if necessary, select a temporary chairperson,
who may begin the operations of the Commission, including the
hiring of staff.
(d) Quorum; Vacancies.--After its initial meeting, the
Commission shall meet upon the call of the chairperson or a
majority of its members. Eight 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. 4. FUNCTIONS OF THE COMMISSION.
The functions of the Commission are to--
(1) conduct an investigation into relevant facts and
circumstances relating to the terrorist attacks of September
11, 2001, including any relevant legislation, Executive
order, regulation, plan, practice, or procedure;
(2) review and evaluate the lessons learned from the
terrorist attacks of September 11, 2001 regarding the
structure, coordination, and management arrangements of the
Federal Government relative to detecting, preventing, and
responding to such terrorist attacks; and
(3) submit to the President and Congress such reports as
are required by this Act containing such findings,
conclusions, and recommendations as the Commission shall
determine, including proposing organization, coordination,
planning, management arrangements, procedures, rules, and
regulations.
SEC. 5. POWERS OF THE 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) 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.--Subpoenas issued under paragraph (1)(B) may
be issued under the signature of the chairperson of the
Commission, the chairperson of any subcommittee created by a
majority of the Commission, or any member designated by a
majority of the Commission, and may be served by any person
designated by the chairperson, subcommittee chairperson, or
member. Sections 102 through 104 of the Revised Statutes of
the United States (2 U.S.C. 192 through 194) shall apply in
the case of any failure of any witness to comply with any
subpoena or to testify when summoned under authority of this
section.
(b) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter
into contracts to enable the Commission to discharge its
duties under this Act.
(c) Information From Federal Agencies.--The Commission is
authorized to secure directly from any executive department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Government
information, suggestions, estimates, and statistics for the
purposes of this Act. Each department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon request made by
the chairperson, the chairperson of any subcommittee created
by a majority of the Commission, or any member designated by
a majority of the Commission.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States are authorized to provide to
the Commission such services, funds, facilities, staff, and
other support services as they may determine advisable and as
may be authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(f) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
SEC. 6. STAFF OF THE COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairperson, in
accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission
to carry out its functions, without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any personnel
of the Commission who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall not be
construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(c) Consultant Services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at
rates not to exceed the daily rate paid a person occupying a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
SEC. 7. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
[[Page S13953]]
SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate executive departments and agencies shall
cooperate with the Commission in expeditiously providing to
the Commission members and staff appropriate security
clearances in a manner consistent with existing procedures
and requirements, except that no person shall be provided
with access to classified information under this section who
would not otherwise qualify for such security clearance.
SEC. 9. REPORTS OF THE COMMISSION; TERMINATION.
(a) Initial Report.--Not later than 6 months after the date
of the first meeting of the Commission, the Commission shall
submit to the President and Congress an initial report
containing such findings, conclusions, and recommendations
for corrective measures as have been agreed to by a majority
of Commission members.
(b) Additional Reports.--Not later than 1 year after the
submission of the initial report of the Commission, the
Commission shall submit to the President and Congress a
second report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed
to by a majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 60 days after the date on which the
second report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the second report.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission
to carry out this Act $3,000,000, to remain available until
expended.
Mr. McCAIN. Mr. President, I am pleased to join my friend Joe
Lieberman in introducing legislation calling for a blue-ribbon
commission to examine the facts surrounding the September 11th attacks,
and to propose reforms to better defend our country in the future.
After Pearl Harbor and President Kennedy's assassination, the
President and Congress established boards of inquiry to investigate
these tragedies and recommend measures to prevent their recurrence.
The terrorist attacks in New York and Washington represent a
watershed in American history--the end of an era of general peace and
prosperity, and a terrible awakening to the threats against our people
that lurk within, and beyond, our shores.
To prevent future tragedies, we need to know how September 11th could
have happened, and explore what we can do to be sure America never
again suffers such an attack on her soil.
I believe President Bush and his team have responded forcefully,
admirably, and with a sense of purpose in this time of trial. But
neither the Administration nor Congress is capable of conducting a
thorough, nonpartisan, independent inquiry into what happened on
September 11th, or to propose far-reaching reforms needed to protect
our people and our institutions against the enemies of freedom.
As we did after Pearl Harbor and the Kennedy assassination, we need a
blue-ribbon team of distinguished Americans from all walks of life to
thoroughly investigate all evidence surrounding the attacks, including
how prepared we were and how well we responded to this unprecedented
assault.
It will require digging deep into the resources of the full range of
government agencies. It will demand objective judgment into what went
wrong, what we did right, and what else we need to do to deter and
defeat depraved assaults against innocent lives in the future.
This is no witch hunt. Our enemies would be strengthened if their
attacks caused us to turn on ourselves, consumed not with the
malevolence of our foes but with our own failings.
We are a proud nation, a strong nation. However horrible, September
11th reminded us of our love of country, our fierce patriotic pride. It
highlighted the distinctive accomplishments of our civilization, and
the sacrifices we will endure to defend it against evil. It made us
stronger.
That said, if there were serious failures on the part of individuals
or institutions within the government or the private sector, we have a
right to know, indeed a need to know. But to work, this must be a
learning exercise, without preconceptions about the inquiry's ultimate
findings.
The commission's members should include leading citizens not now
holding public office, but with broad experience in national affairs.
The commission should have an adequate budget, a top-level staff, and
ample investigatory resources--including subpoena power, if it is
needed to uncover the truth.
To be effective and legitimate, the commission should be given a
broad mandate to discover facts and recommend corrective actions. It
should be given time to proceed with care and deliberation. It should
have the stature and significance afforded by its grave mission of
telling the whole truth about September 11th, and telling us what we
need to know to protect against future tragedy.
To be credible, this inquiry must be independent from ongoing
government operations, but it must of necessity draw on the resources
of government. The commission's conclusions and recommendations will
have enduring meaning only if they are valued by those of us who can
set them in motion--the President, the Congress, and all concerned
Americans.
Our best defense now lies in pursuing our enemy overseas, and working
here at home to adapt to the challenges of this new day. We can rid the
world of terrorism's scourge. But it will take time, and our campaign
will likely inspire further, desperate tests of our resolve.
More Americans may die before we are through. In this moment when we
enjoy peace at home, even as brave Americans risk their lives for us
overseas, let us marshal our resolve to defend our homeland, not merely
through force of arms, but through reasoned introspection into how
September 11th happened, what we've learned, and how we can apply those
lessons to the defense of the American people.
More than 2 years ago, the bipartisan Hart-Rudman Commission on
National Security envisioned a time when terrorists and rogue nations
would acquire weapons of mass destruction and "mass disruption."
"Americans will likely die on American soil," the commission
warned, "possibly in large numbers."
That time has come. The worst has happened. But it must not happen
again. We hope history will judge America well for her response to
September 11th--the incredible bravery of so many Americans, and the
measures we have already put in place to prevent future acts of
catastrophic terrorism.
The commission is an integral part of our response to the attacks of
September 11. Its mission is urgent. The American people clearly share
our sense of urgency about protecting our country. I hope our proposed
commission can channel that sense of urgency into a mandate for reform
of the way we defend America.
