[Congressional Record (Bound Edition), Volume 154 (2008), Part 13]
[Senate]
[Pages 18594-18597]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE RESOLUTION 656--EXPRESSING THE SENSE OF THE SENATE REGARDING THE 
  TERRORIST ATTACKS COMMITTED AGAINST THE UNITED STATES OF AMERICA ON 
                           SEPTEMBER 11, 2001

  Mr. REID (for himself, Mr. McConnell, Mr. Akaka, Mr. Alexander, Mr. 
Allard, Mr. Barrasso, Mr. Baucus, Mr. Bayh, Mr. Bennett, Mr. Biden, Mr. 
Bingaman, Mr. Bond, Mrs. Boxer, Mr. Brown, Mr. Brownback, Mr. Bunning, 
Mr. Burr, Mr. Byrd, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, 
Mr. Chambliss, Mrs. Clinton, Mr. Coburn, Mr. Cochran, Mr. Coleman, Ms. 
Collins, Mr. Conrad, Mr. Corker, Mr. Cornyn, Mr. Craig, Mr. Crapo, Mr. 
DeMint, Mr. Dodd, Mrs. Dole, Mr. Domenici, Mr. Dorgan, Mr. Durbin, Mr. 
Ensign, Mr. Enzi, Mr. Feingold, Mrs. Feinstein, Mr. Graham, Mr. 
Grassley, Mr. Gregg, Mr. Hagel, Mr. Harkin, Mr. Hatch, Mrs. Hutchison, 
Mr. Inhofe, Mr. Inouye, Mr. Isakson, Mr. Johnson, Mr. Kennedy, Mr. 
Kerry, Ms. Klobuchar, Mr. Kohl, Mr. Kyl, Ms. Landrieu, Mr. Lautenberg, 
Mr. Leahy, Mr. Levin, Mr. Lieberman, Mrs. Lincoln, Mr. Lugar, Mr. 
Martinez, Mr. McCain, Mrs. McCaskill, Mr. Menendez, Ms. Mikulski, Ms. 
Murkowski, Mrs. Murray, Mr. Nelson of Florida, Mr. Nelson of Nebraska, 
Mr. Obama, Mr. Pryor, Mr. Reed, Mr. Roberts, Mr. Rockefeller, Mr. 
Salazar, Mr. Sanders, Mr. Schumer, Mr. Sessions, Mr. Shelby, Mr. Smith, 
Ms. Snowe, Mr. Specter, Ms. Stabenow, Mr. Stevens, Mr. Sununu, Mr. 
Tester, Mr. Thune, Mr. Vitter, Mr. Voinovich, Mr. Warner, Mr. Webb, Mr. 
Whitehouse, Mr. Wicker, and Mr. Wyden) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 656

       Whereas at 8:46 AM on the morning of September 11, 2001, 
     hijacked American Airlines Flight 11 was flown into the upper 
     portion of the North Tower of the World Trade Center in New 
     York City, New York;
       Whereas 17 minutes later, at 9:03 AM, hijacked United 
     Airlines Flight 175 crashed into the South Tower of the World 
     Trade Center;
       Whereas the Fire Department of New York (FDNY), the New 
     York Police Department (NYPD), the Port Authority Police 
     Department (PAPD), the Office of Emergency Management (OEM) 
     of the Mayor of New York, and countless eyewitnesses and 
     public health officials responded immediately and valiantly 
     to these horrific events;
       Whereas at 9:37 AM, the west wall of the Pentagon was hit 
     by hijacked American Airlines Flight 77, whose impact caused 
     immediate and catastrophic damage to the headquarters of the 
     Department of Defense;
       Whereas Pentagon officials, county fire, police, and 
     sheriff departments, the Metropolitan Washington Airports 
     Authority, the Ronald Reagan Washington National Airport Fire 
     Department, the Fort Myer Fire Department, the Virginia State 
     Police, the Virginia Department of Emergency Management, the 
     Federal Bureau of Investigation, the Federal Emergency 
     Management Agency, a National Medical Response Team, the 
     Bureau of Alcohol, Tobacco, and Firearms, and numerous 
     military personnel all responded promptly and courageously to 
     this attack on the United States military establishment;
       Whereas the passengers and crew of hijacked United Airlines 
     Flight 93 acted heroically to retake control of the airplane 
     and thwart the taking of additional American lives by 
     crashing the airliner in Shanksville, Pennsylvania, and, in 
     doing so, gave their lives to save countless others;
       Whereas nearly 3,000 innocent civilians were killed in the 
     heinous attacks of September 11, 2001;
       Whereas the Fire Department of New York suffered 343 
     fatalities on September 11, 2001, the largest loss of life of 
     any emergency response agency in United States history;
       Whereas the Port Authority Police Department suffered 37 
     fatalities in the attacks, the largest loss of life of any 
     police force in United States history;
       Whereas the New York Police Department suffered 23 
     fatalities as a result of the terrorist attacks, the second 
     largest loss of life of any police force in United States 
     history, exceeded only by the number of Port Authority Police 
     Department officers lost that same day;
       Whereas seven years later, the people of the United States 
     of America and people around the world continue to mourn the 
     tremendous loss of innocent life on that fateful day; and
       Whereas seven years later, thousands of men and women in 
     the United States Armed Forces remain in harm's way defending 
     our Nation against those who seek to threaten the United 
     States: Now, therefore, be it
       Resolved, That the Senate--
       (1) recognizes September 11, 2008, as a day of solemn 
     commemoration of the events of September 11, 2001;
       (2) offers its deepest and most sincere condolences to the 
     families, friends, and loved ones of the innocent victims of 
     the September 11, 2001, terrorist attacks;
       (3) honors the heroic service, actions, and sacrifices of 
     first responders, law enforcement personnel, State and local 
     officials, volunteers, and countless others who aided the 
     innocent victims of these attacks and, in doing so, bravely 
     risked and often gave their own lives;
       (4) recognizes the valiant service, actions, and sacrifices 
     of United States personnel, including members of the United 
     States Armed Forces, the United States intelligence agencies, 
     the United States diplomatic service, law enforcement 
     personnel, and their families, who have given so much, 
     including their lives and well-being, to support the cause of 
     freedom and defend our Nation's security; and
       (5) reaffirms that the people of the United States will 
     never forget the challenges our country endured on and since 
     September 11, 2001, and will work tirelessly to defeat those 
     who attacked our Nation.

  Mr. BOND. Mr. President, I join my colleagues and all Americans in 
solemn observance of the loss of 3,000 American lives on September 11, 
2001, truly the greatest tragedy on American soil in our recent 
history. Our thoughts and prayers are with these victims and their 
families.
  We all know that al-Qaida terrorists declared war on the United 
States 7 years ago today. These vicious attacks claimed American lives 
and brought great concern and destruction across our country. While 
America has remained safe from another attack on our soil since 9/11/
2001, it is by no accident.
  It is fitting that as we observe the seventh anniversary of the 9/11 
al-Qaida attacks, al-Qaida has been dealt a significant defeat in Iraq, 
both tactically and most certainly morally. It has been handed such a 
defeat in what its own leaders claim was the central front in the war 
against the United States. This victory was achieved at the hands of 
our brave troops and the people of Iraq.
  As the result of new leadership under General Petraeus, his 
counterinsurgency strategy, and the surge, we are seeing our troops 
come home on success, including my son Sam, a marine who served two 
tours in Iraq. I heard about the success from the troops on the ground 
in my visits to Iraq, and our military leaders testified about this 
success before Congress, but now even the New York Times and Washington 
Post are writing about our return on success.
  Look at some of the facts:
  Anbar Province, once considered lost, has now been reclaimed by the 
Iraqi people. Not just in Anbar, but across the country, the Iraqis are 
leading operations to seek out al-Qaida--from Mosul to the Diyala 
Province. Across Iraq, violence is at its lowest point since the spring 
of 2004, and civilian deaths, sectarian killings, and suicide bombings 
are all down. For the Iraqi people, life is returning to normal. 
Markets are open and thriving, students are going to school--including 
girls, for the first time--and professionals are returning to work in 
Iraq. This win in Iraq is not only critical to the Middle East, but it 
is critical to our own Nation's security.
  Defeat in Iraq would have given the terrorists who launched the 9/11 
attacks a safe haven to exploit terror worldwide. It is fitting that on 
this day we honor the memory of the victims of 9/11 and their families, 
that we take a moment to thank our troops fighting the al-Qaida 
terrorists in Iraq.
  Our troops fought in Iraq so that future generations of Americans 
will not have to fight them on our own soil. I am proud of these brave 
men and women who sacrificed so much in defense of freedom and security 
here at home. We owe them a debt that can never be repaid.
  Our troops are also fighting the terrorists in Afghanistan. Troop 
increases are now making a difference. But it will also take smart 
power, a careful blend of kinetic and nonkinetic power of the United 
States and its allies to defeat the terrorists in Afghanistan and 
elsewhere; efforts to build institutions in education, rule of law, 
infrastructure development, roads and

[[Page 18595]]

power; efforts such as our Missouri National Guards's agriculture 
development teams. These teams are training the Afghanis in sustainable 
agriculture methods and techniques that will help them build a more 
secure and stable society.
  It is critical that Pakistan continue to partner with the United 
States in defeating the terrorists who plague Afghanistan. The Taliban 
and other terror fighters hide in Pakistan's remote borders. We all 
hope that the country's newly elected democratic leaders will seek out 
and destroy these terrorists, not only for the security of their 
country but to prevent the terrorists from gaining a haven to plot and 
carry out attacks on America and our allies.
  As we thank our troops fighting in Iraq and Afghanistan, killing the 
terrorists before they can attack the homeland, we also thank the many 
patriots who fight unseen and unheard to keep our Nation safe. As the 
vice chairman of the Senate Intelligence Committee, I know all too well 
the dangers facing us.
  I also know that in addition to our troops, our intelligence 
operators are on the front lines of the war on terror. Our intelligence 
officers and law enforcement efforts work tirelessly to stop attacks 
before they happen. We all owe the brave Americans who work to keep us 
safe, and the firefighters and first responders who come to our aid 
when disaster strikes.
  In Congress, it is our job to ensure the intelligence community has 
the tools it needs to detect, disrupt, and prevent attacks on America, 
our troops, and our allies, which is why it is important that here in 
Congress we never forget the critical lessons of September 11--that our 
intelligence proved inadequate to stop the mass murder of innocent 
Americans on our own soil.
  As we honor these lives lost, we must continue to work to improve our 
intelligence capabilities to keep a similar tragedy from ever happening 
again. Since 9/11 we have strived to strengthen our intelligence. My 
proudest accomplishment in 22 years in the Senate was the passage of 
the bipartisan Foreign Intelligence Surveillance Act--our Nation's 
early warning system to alert us of attacks. It was a long fight, but 
we now have a terrorist surveillance law that allows our intelligence 
operators to listen in on foreign terrorists.
  We have also made other important changes in our laws and priorities 
related to the threat of international terrorism, such as the USA 
PATRIOT Act, intelligence reform measures, and implementing 
recommendations of the
9/11 Commission Act. But Congress has not done enough.
  On the seventh anniversary of 9/11, it is noteworthy that there 
remains one unaddressed 9/11 commission recommendation, and that is to 
reform the legislative branch's oversight of intelligence and terrorism 
activities which the commission rightly described as ``dysfunctional.''
  The 9/11 Commission stated:

       Of all of our recommendations, strengthening congressional 
     oversight may be among the most difficult and important.

  Yet here we are 7 years after 9/11 and 4 years past the issuance of 
the 9/11 commission report, and that most significant recommendation 
for change remains unaddressed. The Senate tinkered around the edges by 
adding term limits for Intelligence Committee members, but it has not 
addressed the fundamental structural dysfunction regarding the fiscal 
oversight of the intelligence.
  The 9/11 commission made two bold recommendations to fix the problem: 
either consolidate authorization and appropriation functions into a 
single committee in both Houses or create a bicameral intelligence 
committee. Both of these approaches were considered and rejected by the 
Senate during consideration of S. Res. 445 in October of 2004. But many 
of us believe there is a better, less disruptive way to achieve reform 
through a carefully constructive intelligence appropriations 
subcommittee.
  This approach was endorsed earlier this year by all but 1 of 15 
members of the Intelligence Committee in a letter sent to the majority 
and minority leaders along with an endorsement from the chairman and 
ranking member of the Homeland and Government Affairs Committee.
  I ask unanimous consent that the letter be printed in the Record at 
this time.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                      U.S. Senate,


                             Select Committee on Intelligence,

                                    Washington, DC, March 6, 2008.
     Hon. Harry Reid,
     Majority Leader, U.S. Senate,
     Washington, DC.
     Hon. Mitch McConnell,
     Republican Leader, U.S. Senate,
     Washington, DC.
       Dear Senator Reid and Senator McConnell: This letter sets 
     forth our recommendations for change within the Senate to 
     improve congressional oversight for intelligence. Section 603 
     of the Implementing Recommendations of the 9/11 Commission 
     Act (Public Law 110-53) required the Senate Select Committee 
     on Intelligence (SSCI) and the Homeland Security and 
     Governmental Affairs Committee (HSGAC) to undertake a review 
     of the 9/11 Commission's Final Report with regard to 
     intelligence reform and congressional intelligence oversight 
     reform. It also required the Committees to submit to the 
     Senate recommendations for reform of congressional oversight 
     of intelligence. The recommendations in this letter match 
     those proposed to you in a letter sent by the Chairman and 
     Ranking Member of the Homeland Security and Governmental 
     Affairs Committee.
       On November 13, 2007, the SSCI conducted a public hearing 
     to receive testimony from members of the 9/11 Commission, as 
     well as from experts from the Library of Congress and the 
     private sector. On February 27, 2008, the SSCI met to 
     formulate conclusions on the matter. The Committee concluded 
     that the Senate should enact either one of two options to 
     implement the necessary changes embodied by the comments and 
     recommendations of the 9/11 Commission.
       The first option is to implement the 9/11 Commission 
     recommendation with regard to fiscal oversight of 
     intelligence by consolidating authorization and 
     appropriations authority in the SSCI. This option would 
     implement directly the 9/11 Commission recommendation. We 
     understand that this approach was considered and rejected by 
     the Senate during consideration of S. Res. 445 in October 
     2004. We note, however, that Senators Burr, Bayh, Feingold, 
     Hagel, McCain, Snowe and Sununu have reintroduced this 
     measure in the 110th Congress with S. Res. 375.
       The second option embodies the spirit of the 9/11 
     Commission recommendation yet poses less structural change to 
     the Senate and could be accomplished during this Congress 
     simply by amending and implementing part of S. Res. 445. 
     Section 402 of S. Res. 445 called for the creation of a 
     Subcommittee on Intelligence within the Appropriations 
     Committee. To date, this subcommittee has not been created. 
     We recommend, as the second option, to amend and implement 
     Section 402 of S. Res. 445 with the following necessary 
     changes:
       The Subcommittee on Intelligence shall be an additional 
     appropriations subcommittee and therefore require no 
     reorganization of the Appropriations Committee.
       The Subcommittee on Intelligence shall appropriate all 
     funds for the National Intelligence Program (NIP) (as opposed 
     to the current situation where appropriations for the NIP are 
     fragmented among several subcommittees within the 
     Appropriations Committee).
       There will be a mechanism allowing for the allocation of 
     the intelligence budget to the Subcommittee through the 
     congressional budget process.
       The annual appropriations bill for the NIP reported by the 
     Subcommittee on Intelligence shall pass from the Subcommittee 
     to the full Appropriations Committee without intervening 
     review by any other subcommittee; it shall then be reported 
     to the Senate like any other appropriations measure.
       Appropriations Committee members who are members of the 
     SSCI shall have automatic membership on the Subcommittee on 
     Intelligence as shall the Chairman and Ranking Member of the 
     Subcommittee on Defense Appropriations.
       The Chairman and Ranking member of the Subcommittee on 
     Intelligence shall be selected from among those members who 
     are both Appropriations Committee and SSCI members.
       Assignment to and role on the Subcommittee on Intelligence 
     shall not count against other subcommittee roles and 
     assignments of any member of the Appropriations Committee.
       The Chairman and Ranking member of the Subcommittee on 
     Intelligence of the Appropriations Committee shall select, 
     designate or hire staff with appropriate clearances for the 
     Subcommittee on Intelligence.
       If either, or both, the Chairman and Vice Chairman of the 
     SSCI are not appropriations cross-over members to the SSCI, 
     then either, or both, shall serve as ex officio members of 
     the Subcommittee on Intelligence.

[[Page 18596]]

       The effective date of these changes shall be the date upon 
     which the Senate adopts these amendments to S. Res. 445.
       The Senate has already voted overwhelmingly to create a 
     Subcommittee on Intelligence of the Appropriations Committee. 
     We believe constituting this subcommittee with the necessary 
     stipulations above will provide the closest approximation to 
     the 9/11 Commission recommendation for consolidation and 
     consistency of oversight, while at the same time imposing the 
     least alteration to Senate organization and tradition. After 
     consulting with you on these options we plan to sponsor the 
     appropriate Senate resolution to address this issue.
           Sincerely,
         John D. Rockefeller IV, Chairman; Christopher S. Bond, 
           Vice Chairman; Dianne Feinstein; John Warner; Ron 
           Wyden; Chuck Hagel; Evan Bayh; Saxby Chambliss; Barbara 
           A. Mikulski; Orrin Hatch; Olympia J. Snowe; Bill 
           Nelson; Richard Burr; Sheldon Whitehouse.

  Mr. BOND. This approach embodies the spirit of the 9/11 commission 
recommendation, yet poses less structural change to the Senate and 
could be accomplished easily during this Congress simply by creating a 
carefully designed subcommittee on intelligence within the 
Appropriations Committee. The necessary parameters of this new 
committee are contained in the Senate resolution that I will submit 
momentarily. We believe these stipulations in this resolution would 
effect the change sought by the 9/11 commission and enable us to bring 
intelligence spending under effective oversight.
  Now, some of my colleagues may ask themselves why I decided to file 
this Senate resolution today. The answer is simple. Here we are on the 
seventh anniversary of the 9/11 attacks and more than 4 years after the 
9/11 commission's final report was issued, and we still haven't 
addressed the recommendation that they considered most important. 
Furthermore, I have tried to work within the system for 5 years now to 
bring about adequate change to no avail.
  I believe we should no longer delay the implementation of this 
crucial recommendation. Congress has insisted that others reform, but 
we have not yet adopted any meaningful reform ourselves. The hypocrisy 
has not gone unnoticed by members of the 9/11 commission or by the 
families of the victims whom we honor today. The time has come for us 
to put our House in order, and I believe a carefully designed 
appropriations subcommittee on intelligence is the proper way to 
implement the spirit of the 9/11 congressional oversight 
recommendations.
  I am concerned about wasteful spending, not just in the billions of 
dollars, but in the dozens of billions of dollars, that the public does 
not know about because it is all classified. I am concerned about 
technology programs that consume billions of dollars for a number of 
years and never get off the ground. Our current Director of National 
Intelligence boasted publicly about killing one such program early last 
year. But that was a program that our defense and intelligence leaders 
trumpeted for years as a silver bullet before finally throwing in the 
towel because it did not work. The intelligence acquisition system is 
hard to change, and the DNI and the intelligence community need 
Congress's oversight and accountability.
  As for Congress, when the Intelligence Committee looks at an issue of 
great import for several years, and when the Armed Services Committee 
does the same and agrees in its assessment, yet the appropriations 
process is so disconnected from them that billions of dollars come to 
naught because the executive branch is not having its feet held to the 
fire, then the American taxpayers are ill served, and billions of 
dollars that could have been used elsewhere are wasted.
  Another example of disjointed oversight happened again yesterday in 
the Senate Defense Appropriations Subcommittee markup. After years of 
billions of dollars having been wasted by the intelligence community 
and the National Reconnaissance Office I proposed a much cheaper, 
multifunctional approach to sustain our satellite constellation.
  This approach is advocated by outside experts and scientists and 
officials within the intelligence agencies. It also was adopted 2 years 
in a row by the Intelligence Committee and by the Armed Services 
Committee in its bill that is on the floor before us today.
  Yet, in the Defense Appropriations markup yesterday, even though 
multiple Senators who have been studying this issue on other committees 
for years spoke in strong support of it, the old system kicked in and 
the measure was shut out; that is a structural deficiency the 9/11 
Commission pointed out.
  In a classified session I can give examples upon examples from other 
services.
  Those who have the time and mandate to study the issue extensively 
need to be the ones whose discernment is brought to bear on those 
matters--this is case in point of what the 9/11 Commission said must 
happen in this specific area of national security, with intelligence. 
It is in this one area, in our front line of defense against terror, 
where this has to take place.
  Having tried to work within the system and failed, I cannot remain 
silent about this sort of thing any longer.
  We hear a lot today about needed change and reform coming to 
Washington. Let us prove to the American people that we do not need to 
wait for an election to start that process.
  At this point, lest anyone get the wrong idea about the problems I am 
addressing here, I must say something about the leadership of the 
Defense Appropriations Subcommittee. The American people all know about 
our war hero from the Senate, John McCain, who is running for 
President, but I want to draw attention to another one of our war 
heroes who served 2 wars before Senator McCain did in Vietnam, and that 
is Senator Dan Inouye from Hawaii, chairman of the Defense 
Appropriations Subcommittee.
  Senator Inouye is a true American hero whom I have the utmost 
admiration for, and I greatly commend him for the manner in which he 
has led, and is leading, the Defense Subcommittee. He ensures that 
America's priorities on defense are put in the right place.
  I also commend my good friend Senator Stevens, another true American 
patriot and veteran. His leadership has been invaluable on this 
subcommittee for over two decades. And I commend my good friend Senator 
Cochran also, who has recently been sitting in for Senator Stevens as 
ranking member on the subcommittee and has always listened patiently to 
my concerns over the years.
  I cannot say enough about these three men who are true leaders; they 
have acted with wisdom and discernment in how they have led the 
subcommittee. They are good friends, they are esteemed colleagues, and 
I am honored to serve under their leadership. So let me make it very 
clear, that the problem I am addressing today is not the people; these 
men lead with dignity and discernment in putting together the most 
complicated funding bill in the Congress.
  The problem rather that I am addressing is structure. With a nearly 
$500 billion Defense appropriations bill, of which less than 10 percent 
is for intelligence, and with only a handful of committee staff on hand 
to look at intelligence matters and barely enough time for just a few 
hearings on intelligence squeezed between all the defense hearings and 
briefings throughout the year, there is simply no way they can pay 
adequate attention to intelligence, it is just not possible.
  They are rightly consumed with the other 90 percent of their budget 
that focuses on defense matters. On the Intelligence Committee, 
however, we spend several days each week poring over intelligence 
matters and receiving briefs on all aspects of the intelligence 
community, and with a cadre of 50 professional staff at our disposal we 
are able to dig real deep into a number of disciplines.
  We know that change is needed, and I appreciate the leadership that 
Chairman Rockefeller and the rest of my colleagues on the Intelligence 
Committee have shown on this issue. I am also grateful for the support 
expressed by other Members of the Senate who recognize the importance 
of this issue to our esteemed body.
  I recognize that we are quickly running short on legislative days to 
get

[[Page 18597]]

this done. However, I would ask my colleagues to give serious 
consideration to this Senate resolution. I stand ready to discuss its 
details and debate its merits. If we are not able to act in this 
Congress, then I expect to address this issue again first thing in the 
new Congress.
  As we reflect on the horrible events of the September 11 terrorist 
attacks, I suggest to my colleagues that we all ask ourselves whether 
we can do more to improve congressional oversight of intelligence. I 
think we would all agree that the answer to that question must be an 
emphatic ``yes.''
  If we agree that we can do more, then why don't we?

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