[Congressional Record (Bound Edition), Volume 157 (2011), Part 9]
[Senate]
[Pages 13320-13323]
[From the U.S. Government Publishing Office, www.gpo.gov]




                            MORNING BUSINESS

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                            REMEMBERING 9/11

  Mr. LEAHY. Mr. President, yesterday, Americans across the country 
gathered to remember the thousands of innocent lives that were taken so 
cruelly and indiscriminately in the terrorist attacks on September 11, 
2001. Although a decade has passed, I vividly remember that tragic day. 
I was right here in Washington when American Airlines flight 77 struck 
the Pentagon. It was a defining moment for our country. Congress acted 
swiftly to create a

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fund to aid victims of the attacks, and we worked in a bipartisan 
manner to update our laws to counter these new enemies. In the years 
since September 11, 2001, the threat that violent extremists pose to 
America has endured, if not increased. Fortunately, the increased 
attention to preventing terrorist attacks by both the Bush and Obama 
administrations has prevented another large scale attack, and foiled 
numerous plots.
  As we remember the victims of the September 11 attacks, and the 
soldiers and National Guard members who we have lost in the wars in 
Iraq and Afghanistan, we should also reflect on the lessons we have 
learned. In the aftermath of this tragedy, it became clear that turf 
battles between Federal law enforcement and intelligence agencies, and 
a resulting lack of information sharing between these agencies, 
contributed to the failures that allowed the hijackers to enter the 
country and evade authorities. In addition, the Federal Bureau of 
Investigation, FBI, possessed deficient and outdated technology. It 
suffered from a woeful lack of skilled translators in key languages, 
and did not have sufficient numbers of counterterrorism analysts to 
swiftly absorb and comprehend intelligence information. Each of these 
factors contributed to the Government's failure to connect the dots 
prior to the attacks.
  Faced with these issues and a new type of threat, our law enforcement 
and intelligence agencies were forced to adapt. Over the past decade, I 
have worked to ensure that our Federal agencies have the tools they 
need to make our borders more secure, improve our intelligence 
gathering, track down terrorists, and bring them to justice. Having 
expedited the hiring of translators and armed with upgraded technology, 
the FBI can now operate and communicate more efficiently. I have also 
supported efforts to refine government surveillance authority to allow 
agencies to gather the information they need to prevent additional 
attacks.
  However, along with these expanded authorities, I have also worked to 
include essential oversight and accountability measures to ensure that 
these new powers do not go unchecked. The most intrusive surveillance 
authorities of the USA PATRIOT Act are subject to sunsets, which 
require Congress to revisit how the authorities have been used. 
Combined with inspector general audits and public reporting 
requirements, the American people and Congress can regularly scrutinize 
the use of these surveillance tools. The importance of oversight and 
supervision of Government powers to protect civil liberties was 
important before September 11, 2001, and even more critical after. 
While I firmly believe in keeping our Nation safe, relinquishing our 
freedoms and values will only weaken our ability to fight terrorism.
  Ten years after September 11, 2001, the ability of our intelligence 
community to collect and analyze information has drastically improved. 
However, despite these improvements, we have vast amounts of 
information that can become overwhelming and lead to lapses in national 
security, such as the shootings at Fort Hood and the attempted 
Christmas Day bombing in 2009. As chairman of the Senate Judiciary 
Committee, I remain committed to ensuring that we continue to adapt and 
respond to evolving threats in order to keep this country safe from 
another terrorist attack, while upholding the rule of law and 
protecting critical civil liberties and privacy protections.
  Although some of the national security policies and tactics of the 
past decade have caused divisiveness and controversy, President Obama 
delivered news on May 1, in which all Americans could take comfort. 
Justice had finally been served to Osama bin Laden for his atrocities. 
While the death of Osama bin Laden will never bring all of his victims 
back, we hope that it may help bring closure to all those who still 
grieve over their loss. The hard work of our brave American service 
members, who have sacrificed so much, made this mission a success for 
the benefit of an entire country.
  As we commemorate the sacrifices of so many that took place 10 years 
ago and in the wars since, we must continue to dedicate ourselves to 
upholding and strengthening the principles and values that define our 
democratic Nation. That is what distinguishes us from those who 
attacked us on September 11, 2001, it is what ultimately enable us to 
defeat them, and it is what people around the world expect from us.
  Mr. CHAMBLISS. Mr. President, throughout this past week, Americans 
are observing the 10th anniversary of the September 11 terrorist 
attacks on our Nation. As we have properly done so many times since 
that horrific day, we remember and honor the innocent who perished in 
the Twin Towers, at the Pentagon, and in Shanksville, PA. We remember 
and honor the many brave men and women who have sacrificed their lives 
to defend this great country, from the heroes of flight 93, to the 
first responders and members of our military and intelligence 
community. We share in the grief still endured by so many families 
whose lives were permanently changed by this attack, and we resolve 
that their sacrifices will not be in vain.
  In the wake of 9/11, one question has been asked repeatedly, but has 
yet to be answered completely: how can we better protect our homeland 
from another attack? As with so many difficult questions, finding an 
answer must begin with the acknowledgment that something went terribly 
wrong. Many experts, within and outside the government, have studied 
the intelligence failures leading up to 9/11. Certainly, there were 
clear warnings that our national security was at risk, including the 
first World Trade Center attack, the East Africa Embassy bombings, and 
the attack on the USS Cole. We all know those warnings were not heeded, 
mistakes were made, intelligence was not connected as it should have 
been, and our policies simply did not reflect the serious threat we 
were, and indeed still are, facing.
  We often hear that, as a government, we have made a lot of progress 
in preventing another attack. The operation that killed Osama bin Laden 
showcased the progress that our military and intelligence community 
have made in working together to neutralize terrorists. Just as the 
disruption of the plot to attack the New York subway system in 2009 
demonstrated the continuing transformation of the Federal Bureau of 
Investigation from a criminally-focused law enforcement agency to a 
full member of the intelligence community.
  But, our record in preventing terrorist attacks here at home has not 
been perfect. In 2009, fourteen servicemembers were killed in attacks 
on military facilities in Little Rock, AR, and Fort Hood, TX. Christmas 
Day 2009 brought the attempted bombing of an airplane over the skies of 
Detroit, an attack that if successful would likely have killed, at a 
minimum, all 289 people on board. A few months later, disaster was 
averted in Times Square only because explosives inside a vehicle failed 
to ignite.
  Our successes and failures since 9/11 can teach us a lot about what 
we are doing right and where we must do better. First and foremost, we 
must all remain vigilant. I have heard it repeated in recent months, 
especially since the death of Osama bin Laden, that al-Qaida has been 
marginalized and they are not the threat they once were. In certain 
respects, this is accurate, but as we saw just this past weekend with 
the heightened concern that al-Qaida operatives would attack New York 
City or Washington, DC, al-Qaida remains a threat. We must also 
remember that al-Qaida has many facets and none of them are benign. We 
know that al-Qaida in the Arabian Peninsula today represents the 
biggest threat to our homeland and they are continually seeking new 
recruits, especially among our own citizens and former Guantanamo 
detainees. Their new status manifested itself with the Christmas Day 
bombing attempt, for which they immediately claimed responsibility.
  Our country faces many different threats, from terrorism to hostile 
nation states to cyber attacks. We cannot afford to grow complacent or 
undo the progress we have made. I have heard

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too often that the intelligence community ``can live with'' changes to 
the PATRIOT Act, the FISA Amendments Act, or other classified 
authorities that are vital to preventing terrorist attacks. Prior to 9/
11, we forced the intelligence community to ``live with'' many 
unnecessary restrictions and I believe that is a gamble we can no 
longer afford to take.
  Second, we must ensure that the same mistakes that contributed to the 
September 11 attacks are not repeated. Following the failed Christmas 
Day attack, the Senate Intelligence Committee conducted an in-depth 
review to determine what intelligence there was leading up to the 
attack. The committee concluded that there were systemic breakdowns 
across the intelligence community that contributed to the failure to 
identify the threat posed by the Christmas Day bomber. Senator Burr and 
I submitted additional views to the report noting that some of the very 
same intelligence failures identified by the committee were also cited 
as failures leading up to 9/11, including a lack of aggressive analysis 
and insufficient technology to facilitate sharing and analysis of 
information. Compounding our concerns was the fact that the National 
Counterterrorism Center, NCTC, created in response to 9/11, still did 
not seem to understand its statutory responsibility to integrate and 
analyze all terrorism-related intelligence. After so many years--and so 
much effort to reform the old ways of doing business--repeating the 
same mistakes is not an option. I am encouraged that, since the 
committee's report, NCTC has taken concrete steps towards meeting this 
responsibility and I am committed to ensuring they continue on this 
path.
  I am also committed to ensuring that we do not retreat from the 
progress made in improving information sharing. Following 9/11 there 
were concerted efforts to remove stovepipes within the intelligence 
community and get the information to analysts who needed it. 
Unfortunately, some of the old tendencies to restrict intelligence are 
recurring, particularly amid concerns about Wikileaks. I share the 
anger about the many leaks of classified information that have 
jeopardized successful intelligence programs, such as the Terrorist 
Surveillance Program and the CIA's interrogation program. But we must 
be careful not to overreact by restricting access to information that 
analysts need to do their jobs.
  Third, our policies and laws must promote effective intelligence 
collection, specifically with respect to detainees and foreign 
intelligence surveillance laws. Since the President ordered the closure 
of the detention facility at Guantanamo Bay in January 2009, our nation 
has been without a clear policy for detaining suspected terrorists. 
Without such a policy, including one that identifies a facility for 
holding terrorists captured outside Afghanistan, the intelligence 
community's ability to conduct intelligence interrogations is being 
severely limited. I recognize that there is no one-size-fits-all 
solution for handling terrorists, but our detention policies must 
foster full intelligence collection, before any prosecution begins. Yet 
our default seems to be that terrorists, such as the Christmas Day 
bomber, should be treated like ordinary criminals, given their Miranda 
rights, and prosecuted in Federal court, with all the protections 
enjoyed by criminal defendants. This means the opportunity for any 
interrogation, much less one that allows for in-depth intelligence 
questions, may be very short lived.
  The bottom line is that the intelligence community cannot conduct 
effective interrogations without an established policy that includes a 
place for those interrogations to occur. While the administration 
maintains its intent to close Guantanamo Bay, I believe the facility 
there which I have visited and found to be impressive remains the best 
option for holding terrorists, like Ahmed Abdulkadir Warsame, captured 
off the coast of Yemen and transferred for prosecution after only 60 
days of interrogation. Many of my colleagues, as well as the American 
people, have made clear that bringing suspected terrorists into the 
United States is not a good solution. Moreover, Khalid Sheikh Mohammed 
and the other terrorists housed at Guantanamo Bay are not likely to 
leave there any time soon, especially as the recidivism rate among 
former detainees continues to rise. But regardless of whether 
Guantanamo or another facility outside the United States is selected, 
it is well past time for the President to come up with a long-term 
detention policy that allows for full and effective intelligence 
collection. Many of my colleagues and I have been asking for this 
policy, with no success. Quite simply, our intelligence community 
cannot afford further delays. Congress must stand ready to pass 
legislation that ensures our intelligence interrogations of suspected 
terrorists are not cut short because of arbitrary timelines or 
potential criminal proceedings.
  Congress must also make permanent the remaining provisions in the USA 
PATRIOT Act and the Foreign Intelligence Surveillance Act that are 
subject to sunsets. Continually revisiting these laws because of 
arbitrary sunsets does not facilitate oversight, especially when we 
know that there have been no intentional abuses of these authorities. 
Moreover, each time we get into a public debate about how some of our 
most sensitive intelligence collection authorities are used, our 
enemies learn that much more about our methods. We know they pay 
attention to our laws and readjust their own communication methods in 
order to defeat our surveillance. This makes the intelligence 
community's job that much harder. We cannot expect intelligence 
analysts to put together vital pieces of information if we do not 
collect the information in the first place. It is time for Congress to 
give them permanent tools to do their jobs.
  Our Nation, our families, and our communities have suffered 
tremendously because of the September 11 terrorist attacks. We must not 
forget that suffering, nor should we ever lose sight of the failures 
that prevented us from averting this tragedy in the first place. We 
must remain vigilant. Our Nation is fortunate to be blessed with 
outstanding men and women in the armed forces and our intelligence 
community who serve tirelessly to protect and defend us, wherever the 
threat. We owe them our thanks and our support. As we remember those 
who have sacrificed so much in this fight against terrorism, we must 
resolve to do all that is possible to protect and preserve our great 
Nation and our way of life.
  Mr. BURR. Mr. President, I rise today to recognize the 10th 
anniversary of September 11, 2001.
  This year, like every year that has passed since, our nation reflects 
back on the horrific attacks that cost the lives of 2,977 men, women, 
and children in New York, Pennsylvania, and at the Pentagon, and on the 
brave men and women who have laid their lives down since then in 
defense of the freedoms and security we so often take for granted.
  These coordinated attacks on our Nation had such a profound impact on 
our society and our world view that we now look at our recent history 
in two different phases, pre-9/11 and post-9/11. They made us more 
aware of the threats that we face as a nation, and they woke us up to 
the cold reality that the things we hold most dear as Americans are the 
very things that make us a target for terrorism.
  However, these attacks and our collective response had a much deeper, 
more profound impact than that--they brought us together in a way that 
nothing else has since the Second World War, and they underscored the 
same spirit that has characterized our Nation and its citizens since 
America's founding. It is this spirit that truly sets America apart and 
makes us unique. It is a sense of perseverance and determination, a 
loyalty to our fellow Americans, and the willingness to risk it all for 
what we believe in. This spirit was forged in the fires of revolution, 
grew strong in the face of adversity, and has defined the character of 
our Nation since its inception.
  These attacks were not just directed at buildings and people. They 
were meant to hit us at our core, to attack

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our very way of life and everything we stand for. They sought to 
instill fear and doubt in us, but they failed. They sought to 
intimidate us and disrupt our communities, but they failed. What they 
did was bind us together in a unified front to stand up to these 
injustices and push forward with the same spirit and character that the 
terrorists sought to destroy. We stood together, and in one collective 
voice said, ``We will not be intimidated, and we will not be held down. 
We are Americans, and we stand together.''
  Ten years have passed since that fateful September morning, and not 
an American alive at the time will ever forget the horrors of that day. 
Those whom we lost will remain in our hearts forever, and images of the 
aftermath are permanently engrained in our memories. We came together 
to cope with a national tragedy and were reminded not of those things 
that divide us, but of those things that unify us. In the wake of 
tragedy, we found hope.
  Though a decade has passed since then, I urge all Americans to look 
back to the days and weeks that followed 
9/11 and remember that sense of unity and patriotism that was so 
prevalent. Though it is our diversity and differences that, in part, 
make us such a great and unique Nation, it is our common bonds that 
make us Americans. Let us put our differences aside and once again 
focus on those things that bind us, for we are all Americans, and we 
will forever be one nation under God.

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