[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 594 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
S. RES. 594

 Establishing a select committee of the Senate to make a thorough and 
complete investigation of the facts and circumstances surrounding, and 
  the response of the United States Government to, the September 11, 
    2012, terrorist attacks against the United States consulate and 
 personnel in Benghazi, Libya, and to make recommendations to prevent 
                     similar attacks in the future.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 14, 2012

  Mr. McCain (for himself, Mr. Graham, and Ms. Ayotte) 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 thorough and 
complete investigation of the facts and circumstances surrounding, and 
  the response of the United States Government to, the September 11, 
    2012, terrorist attacks against the United States consulate and 
 personnel in Benghazi, Libya, and to make recommendations to prevent 
                     similar attacks in the future.

Whereas, on September 11, 2012, Glen A. Doherty, Tyrone S. Woods, Sean P. Smith, 
        and Ambassador J. Christopher Stevens were murdered during a 
        sophisticated assault on the United States Consulate in Benghazi, Libya, 
        conducted by a group of militants affiliated with al-Qaeda;
Whereas this tragedy has raised many important questions that affect the 
        national security of the United States and the safety of Americans who 
        serve our country abroad;
Whereas Congress has an unique and essential responsibility under the 
        Constitution to conduct oversight of the Executive Branch;
Whereas more than two months have passed since the tragic deaths of these four 
        Americans in Benghazi, and many essential questions remain unanswered;
Whereas Members of Congress have sent numerous letters to senior Executive 
        Branch officials requesting information on the events of September 11, 
        2012, most of which have not been answered;
Whereas the Executive Branch has not been forthcoming in providing answers to 
        the many questions that have emerged regarding those events;
Whereas the failures that led to the deaths of four Americans traverse multiple 
        Executive Branch agencies and come under the jurisdiction of a number of 
        Senate committees, including the Committee on Armed Services, the 
        Committee on Foreign Relations, the Committee on Homeland Security and 
        Governmental Affairs, the Committee on the Judiciary, and the Select 
        Committee on Intelligence;
Whereas several different committees of jurisdiction in both the Senate and the 
        House of Representatives are currently holding briefings and hearings to 
        analyze narrow aspects of the overall failure in Benghazi before, 
        during, and after the attacks;
Whereas the death of four Americans in Benghazi was the result of a whole-of-
        government failure, and any solution to prevent such events from 
        happening again will need to be holistic and comprehensive, cutting 
        across agency jurisdictions and jurisdictions of committees of Congress;
Whereas a full and independent accounting of the failures in Benghazi and the 
        development of a comprehensive solution to prevent such tragedies in the 
        future require the establishment of a temporary Select Committee in the 
        Senate;
Whereas many other important investigations have been conducted in the past 
        through the creation of a select committee of the Senate for a specific 
        purpose and a set time; and
Whereas the American people deserve straight answers to the many questions that 
        have been raised about the terrorist attacks in Benghazi and what 
        actions should be taken to prevent similar attacks in the future: Now, 
        therefore, be it
    Resolved, That

SECTION 1. SELECT COMMITTEE ON INVESTIGATION OF THE SEPTEMBER 11, 2012, 
              TERRORIST ATTACKS IN BENGHAZI, LIBYA.

    There is established a select committee of the Senate to be known 
as the Select Committee on Investigation of the September 11, 2012, 
Terrorist Attacks in Benghazi, Libya (in this resolution referred to as 
the ``Select Committee'').

SEC. 2. PURPOSE AND DUTIES.

    (a) Purpose.--The purpose of the Select Committee is to--
            (1) investigate the facts and circumstances surrounding the 
        September 11, 2012, terrorist attacks on the United States 
        consulate and personnel in Benghazi, Libya;
            (2) investigate the response of the United States 
        Government to those attacks; and
            (3) make recommendations to guide executive and legislative 
        changes to policy in light of such investigations.
    (b) Duties.--The Select Committee is authorized and directed to do 
everything necessary or appropriate to conduct the investigations 
specified in subsection (a). Without restricting in any way the 
authority conferred on the Select Committee by the preceding sentence, 
the Senate further expressly authorizes and directs the Select 
Committee to investigate the facts and circumstances surrounding the 
September 11, 2012, terrorist attacks on the United States consulate 
and personnel in Benghazi, Libya, and report on such investigation, 
regarding the following matters, including, where applicable, the 
adequacy of such matters:
            (1) The intelligence assessments and other threat reporting 
        that preceded the attacks.
            (2) The security measures and manpower decisions taken to 
        protect United States personnel in Benghazi before the attacks.
            (3) The United States military force posture in the region 
        at the time of the attacks and the resulting ability of the 
        United States Armed Forces to respond in the event of such 
        attacks.
            (4) United States intelligence assets available in the 
        region at the time of the attacks and their ability to respond 
        or assist the United States consulate and personnel in the 
        event of such attacks.
            (5) The response of United States Government officials once 
        the attacks began.
            (6) The public characterization by the Executive Branch of 
        the attacks in the days and weeks that followed the attacks.
            (7) United States intelligence and intelligence-sharing 
        during the attacks.
            (8) Lessons learned from the attacks.
            (9) Actions to prevent a recurrence of such attacks.

SEC. 3. COMPOSITION OF SELECT COMMITTEE.

    (a) Membership.--
            (1) In general.--The Select Committee shall consist of 
        eight members of the Senate of whom--
                    (A) four members shall be appointed by the majority 
                leader of the Senate; and
                    (B) four members shall be appointed by the minority 
                leader of the Senate.
            (2) Date.--The appointments of the members of the Select 
        Committee shall be made not later than 30 days after the date 
        of the adoption of this resolution.
    (b) Vacancies.--Any vacancy in the Select Committee shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.
    (c) Service.--Service of a Senator as a member, Chair, or Vice 
Chair 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.
    (d) Chair and Vice Chair.--The Chair of the Select Committee shall 
be designated by the majority leader of the Senate, and the Vice Chair 
of the Select Committee shall be designated by the minority leader of 
the Senate.
    (e) 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, or \1/3\ of the members of the Select 
        Committee if at least one member of the minority party is 
        present, shall constitute a quorum for the purpose of 
        conducting any other business of the Select Committee.

SEC. 4. RULES AND PROCEDURES.

    (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 Chair and the Vice Chair 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.

SEC. 5. AUTHORITY OF SELECT COMMITTEE.

    (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 or, at its direction, any 
subcommittee or member of 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 and issuance.--Subpoenas authorized and 
        issued under this section--
                    (A) may be done--
                            (i) with the joint concurrence of the Chair 
                        and the Vice Chair of the Select Committee; or
                            (ii) by a majority vote of the Committee;
                    (B) shall bear the signature of the Chair or the 
                Vice Chair or the designee of the Chair or the Vice 
                Chair; and
                    (C) shall be served by any person or class of 
                persons designated by the Chair or the Vice Chair for 
                that purpose anywhere within or without the borders of 
                the United States to the full extent provided by law.
            (2) 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--
                    (A) 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;
                    (B) 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
                    (C) the failure or refusal of any person to comply 
                with any subpoena or order issued under the authority 
                of subsection (b).
    (d) Avoidance of Duplication.--
            (1) In general.--To expedite the investigation, avoid 
        duplication, and promote efficiency under this resolution, the 
        Select Committee shall seek to--
                    (A) confer with other investigations into the 
                matters set forth in section 2(a); and
                    (B) access all information and materials acquired 
                or developed in such other investigations.
            (2) Access to information and materials.--The Select 
        Committee shall have, to the fullest extent permitted by law, 
        access to any such information or materials obtained by any 
        other governmental department, agency, or body investigating 
        the matters set forth in section 2(a).

SEC. 6. REPORTS.

    (a) Initial Report.--The Select Committee shall submit to the 
Senate a report on the investigation conducted pursuant to section 2 
not later than five months after the appointment of all of the members 
of the Select Committee.
    (b) Final Report.--The Select Committee shall submit to the Senate 
a final report on such investigation not later than 10 months after the 
appointment of all of the members of the Select Committee.
    (c) Additional Reports.--The Select Committee may submit to the 
Senate any additional report or reports that the Select Committee 
considers appropriate.
    (d) Findings and Recommendations.--The reports under this section 
shall include findings and recommendations of the Select Committee 
regarding the matters considered under section 2.
    (e) Disposition of Reports.--All reports made by the Select 
Committee shall be submitted to the Secretary of the Senate. All 
reports made by the Select Committee shall be referred to the committee 
or committees that have jurisdiction over the subject matter of the 
report.

SEC. 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 Chair and the Vice Chair 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 Chair and the 
        Vice Chair shall jointly appoint. Such staff may be removed 
        jointly by the Chair and the Vice Chair, and shall work under 
        the joint general supervision and direction of the Chair and 
        the Vice Chair.
    (b) Compensation.--The Chair and the Vice Chair 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 Chair or the Vice Chair 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 on 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.

SEC. 8. 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 two months 
after the submittal of the report required by section 6(b).
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