[Congressional Record Volume 147, Number 178 (Thursday, December 20, 2001)]
[Senate]
[Pages S13951-S13953]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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.
                                 ______