September 19, 2002 CONGRESSIONAL RECORD — SENATE S8901 businesses that have their entire season tion to offer low-interest disaster loans to for delay—I underscore—there was an wiped out in a matter of a few hours. these businesses and afford them the same e-mail circulated by somebody with Unfortunately for some small businesses, opportunity as agriculture-related busi- some gargantuan unofficial estimate of drought assistance is available only for agri- nesses to recover and survive. cost that has no relationship to any le- culture related small businesses, such as feed I appreciate your assistance and support and seed stores. For businesses that are and look forward to working with you and gitimate estimate that has been made based on tourism around lakes and rivers, your colleagues on this very important mat- here. The CBO estimate clearly dem- there is currently no drought assistance ter. onstrates that this measure is sensible, available. Sincerely, with a cost of about $5 million a year. The Small Business Administration (SBA) PAUL E. PATTON, What is happening is we are seeing a is not currently authorized to help these Governor. little bit of partisanship—maybe we businesses because a drought is not a sudden Mr. KERRY. This is a letter from the are seeing a lot of it these last days occurrence. Nonetheless, a drought is an on- going natural disaster that causes great Southern Governors’ Association, with here in the Senate. I hope we can over- damage to these small businesses. 15 southern Governors signing and ask- come this in the next days. I look for- I would like to lend my support to S. 2734, ing us to pass this assistance. They ward to working with Senator BOND The Small Business Drought Relief Act. This have sent letters to Members of Con- and others to see if we can proceed for- bill would amend the guidelines and author- gress asking them to support and pass ward on this legislation. ize the SBA to offer assistance to small busi- the bill. I yield the floor. nesses affected by prolonged drought. With Finally, we are not talking about f passage of this bill, Governors would be al- grants. We are talking about loans. lowed to ask SBA for administrative declara- HOMELAND SECURITY ACT OF These are going to be repaid. The de- tions of economic injury because of drought. 2002—Continued The low interest loans SBA can offer these fault record of the SBA over the last 10 businesses would allow many of them to years is really quite extraordinary on The PRESIDING OFFICER. The Sen- weather the drought and remain economi- the positive side of the ledger. The ator from Utah. cally viable for future operation. question is whether we are going to Mr. HATCH. Mr. President, we all Sincerely, look to small businesses that are agree that one of the many important KENNY C. GUINN, equally hard working as anyone else in tasks of the new Department of Home- Governor. the country, who, like farmers, are suf- land Security will be protecting our country’s computer infrastructure COMMONWEALTH OF KENTUCKY, fering the economic consequences of a from cyber attacks. Computer tech- OFFICE OF THE GOVERNOR, drought that is beyond their control. Frankfort, KY, July 23, 2002. I thank Senator BOND for working nology is at the heart of our country’s Hon. JOHN F. KERRY, with me to try to address this problem. economy and has improved every as- Chairman, Committee on Small Business and I thank Senator HOLLINGS, particu- pect of our lives. Terrorists and others Entrepreneurship, U.S. Senate, larly, the chairman of the Commerce who wish to harm our country recog- Washington, DC. Committee, for introducing the bill nize that cyber attacks on our vital Hon. CHRISTOPHER S. ‘‘KIT’’ BOND, with me. I am particularly grateful to computer and related technological Ranking Member, Committee on Small Business systems can have a devastating impact and Entrepreneurship, U.S. Senate, the small business owners who have Washington, DC. brought this issue to our attention and on our country, our economy and the DEAR CHAIRMAN KERRY AND SENATOR BOND: who hope we can break out of any par- lives of our people. The threat of cyber As you know, much of our nation is strug- tisan resistance within the Senate in attacks, be it from foreign and/or do- gling to overcome ‘‘moderate’’ to ‘‘extreme’’ order to do what is right. mestic actors, is not new, but we all drought conditions. Droughts, especially pro- I hope my colleagues will permit us understand that the risks today are longed droughts, have extensive, devastating to proceed forward on this legislation. even greater. effects that damage crops and livestock, de- I suggest the absence of a quorum. The threat of a devastating cyber at- teriorate soil, and fuel raging wildfires. tack is real and the potential for harm These are only some of the irreparable ef- The PRESIDING OFFICER. The fects that droughts can have on small busi- clerk will call the roll. is great. nesses, communities, and state and local The assistant legislative clerk pro- A recent study found that cyber at- economies. ceeded to call the roll. tacks on the Internet were projected to In general, federal disaster assistance is Mr. KERRY. Mr. President, I ask increase this year by as much as 65 per- available for agriculture and agriculture-re- unanimous consent that the order for cent. Just last year, two Russian hack- lated small businesses that are impacted by the quorum call be rescinded. ers infiltrated American banks and drought. However, droughts hurt more than The PRESIDING OFFICER. Without businesses, stole private data, includ- agricultural, forestry, and livestock busi- nesses. objection, it is so ordered. ing credit card numbers, and extorted Prolonged drought also causes a drastic re- Mr. KERRY. Mr. President, I ask those companies by threatening to de- duction in stream and river flow levels. This unanimous consent that the Senate stroy their computers or release their can trigger such a significant drop in the proceed to consideration of Calendar customers’ private information. level of lakes that existing docks and boat No. 535, S. 2734; and that the Bond Since September 11, there has been ramps cannot provide access to boats, which amendment, which is at the desk, be growing concern about the risk to our impacts many additional small businesses. considered and agreed to; the com- country of a serious cyber attack, par- As a result, many non-farm small busi- nesses that are water-reliant also suffer mittee-reported substitute amend- ticularly one against our infrastruc- staggering revenue losses in the wake of a ment, as amended, be considered and ture which could have devastating con- drought disaster, yet they do not currently agreed to; the bill, as amended, be read sequences. Late last fall the FBI traced receive disaster relief. Unlike other natural three times, passed, and the motion to a suspicious pattern of surveillance disasters such as hurricanes or floods, the ef- reconsider be laid upon the table; that against Silicon Valley computers origi- fects of drought build up over-time, last for any statements relating thereto be nating from the Middle East and South several years, and are jeopardizing the future printed in the RECORD at the appro- Asia involving emergency telephone of these small business owners. The lack of priate place as if read, without further systems, electrical generation and federal disaster assistance available to these non-farm small businesses only forces undue intervening business or debate. transmission, water storage and dis- job layoffs and bankruptcies and further dis- The PRESIDING OFFICER. Is there tribution, nuclear power plants and gas rupts drought-impacted communities. objection? facilities in the bay area. Recently, it I thank you for recognizing that many fish Mr. SANTORUM. Mr. President, I ob- was reported that energy companies and tackle shops, rafting businesses, res- ject. have suffered a significant increase in taurants, motels, camp grounds, marinas, The PRESIDING OFFICER. Objec- cyber attacks—up 77 percent this gas stations, and other small businesses in tion is heard. year—which have raised concern that Kentucky and other states are severely im- Mr. KERRY. Mr. President, my hope the country’s power system may be pacted by drought but are unable to receive federal disaster assistance. I strongly sup- is, again, that Senators on the other within the cross hairs of cyber terror- port your resulting efforts, the Small Busi- side, who are also cosponsors of this ists. ness Drought Relief Act (S. 2734), which bill, will assist us in trying to proceed Given the vital role that computer would allow the Small Business Administra- forward because there is no rationale and related technologies play in our

VerDate Sep 04 2002 04:56 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.033 S19PT1 S8902 CONGRESSIONAL RECORD — SENATE September 19, 2002 country’s economy and infrastructure, to a governmental entity—e.g. hos- should occur, hopefully, momentarily. it is not difficult to imagine an assault pital, law enforcement—in an emer- That amendment will be debated to- on a computer system which might gency situation involving danger of night. The leader is expecting to vote cause death or serious bodily injury. death or serious bodily harm. The sometime tomorrow morning before For example, a hacker who infiltrates a amendment also expands the list of noon. hospital database to erase records may ‘‘emergency’’ situations where law en- The PRESIDING OFFICER. The Sen- thereby cause a patient to be deprived forcement may obtain pen register and ator from Utah is recognized. of necessary medication or treatment. trap and trace information to include AMENDMENT NO. 4693 TO AMENDMENT NO. 4471 As another example, consider the possi- ongoing attacks on a protected com- (Purpose: To provide greater cybersecurity) bility of a cyber attack on a natural puter and when necessary to protect Mr. HATCH. Mr. President, I send an gas distribution pipeline that opens national security interest. In order to amendment to the desk and ask for its safety valves and releases fuel or gas. address privacy concerns, the amend- immediate consideration. Attacks on sophisticated control sys- ment includes increased penalties for The PRESIDING OFFICER. The tems, such as those involving natural illegal interceptions of cellular tele- clerk will report. gas, oil, electric power and water, phone calls and intrusions of stored The legislative clerk read as follows: which typically use automated super- communications. The Senator from Utah [Mr. HATCH], for visory control and data acquisition Finally, the bill establishes the Of- himself and Mr. SCHUMER, proposes an fice of Science and Technology as an amendment numbered 4693 to amendment systems, would have a far-reaching ef- No. 4471. fect. independent office under the general We have acted before when necessary authority of the Assistant Attorney Mr. HATCH. Mr. President, I ask to protect our country and our econ- General, Office of Justice Programs. unanimous consent that the reading of omy from cyberterrorists. The Patriot This modification will help OJP to the amendment be dispensed with. The PRESIDING OFFICER. Without Act included several important provi- focus the necessary resources on the objection, it is so ordered. sions to improve our nation’s cyber se- development of technology and hard (The text of the amendment is print- curity in response to the increasing science research. This measure will en- ed in today’s RECORD under ‘‘Text of threats to our country. The amend- hance OST’s ability to assist state and Amendments.’’) ment I am offering today continues local law enforcement in developing Mr. HATCH. Mr. President, I yield that work. new cutting-edge technologies, such as back the rest of my time. Of course, The amendment I am offering today computer forensics, firearms and bal- the amendment will be accepted. is noncontroversial, and was passed by listics technology, and crime mapping. The PRESIDING OFFICER. The the House, on July 15, 2002. The House Law enforcement is increasingly rely- question is on agreeing to the amend- bill, H.R. 3482, was sponsored by Rep- ing on new and innovative tech- ment. resentative LAMAR SMITH from Texas, nologies, and we need to make sure The amendment (No. 4693) was agreed and passed with overwhelming bipar- that they have all of the tools avail- to. tisan support by a vote of 385 to 3. We able to fight terrorists and other crimi- The PRESIDING OFFICER. The mo- need to act in the same bipartisan nals. tion to reconsider is laid upon the manner and pass this amendment. Mr. President, I urge my colleagues table. The amendment will strengthen our to join in support of my amendment. Mr. HATCH. I suggest the absence of criminal laws and provide greater flexi- Once again, we need to demonstrate to a quorum. bility to communications providers and our country that working together, in The PRESIDING OFFICER. The law enforcement when necessary to a bipartisan fashion, we can accom- clerk will call the roll. prevent and protect against dev- plish great things, and we can protect The legislative clerk proceeded to astating cyber attacks. Specifically, our country from the dangers of poten- call the roll. the amendment would increase the tially devastating cyber attacks. Mr. LIEBERMAN. Mr. President, I criminal penalty in section 1030 of title Mr. President, I pay special tribute ask unanimous consent that the order 18 of the United States Code for a cyber to Senator SCHUMER from New York, for the quorum call be rescinded. attack to a maximum of 20 years im- who is a cosponsor, and tell him how The PRESIDING OFFICER. Without prisonment where such an attack much I appreciate the work of him and objection, it is so ordered. causes serious bodily injury, and life all the others who are cosponsors of Mr. LIEBERMAN. Mr. President, I imprisonment where such an attack this particular amendment. ask unanimous consent that the pend- causes death. Currently, section 1030 The PRESIDING OFFICER. The as- ing amendment of Senator BYRD be provides a maximum punishment of sistant majority leader. laid aside so I might offer another only 10 years imprisonment for a cyber Mr. REID. Mr. President, I ask unan- amendment. attack which results in serious bodily imous consent that the pending amend- The PRESIDING OFFICER. Without injury or death. ments be laid aside and that Senator objection, it is so ordered. The amendment directs the Sen- HATCH be recognized to offer his AMENDMENT NO. 4694 TO AMENDMENT NO. 4471 tencing Commission to review the Fed- amendment dealing with (Purpose: To establish the National Commis- sion on Terrorist Attacks Upon the United eral sentencing guidelines for cyber cybersecurity; that Senator HATCH be States and for other purposes) crimes to reflect the significant harm allowed to speak for up to 5 minutes— Mr. LIEBERMAN. Mr. President, I caused by such crimes and the need for and we have been informed there is no send an amendment to the desk and deterrence. Such a review was not in- one on our side who wishes to speak on cluded in the Patriot Act, and is clear- ask for its immediate consideration. this matter—that there be no second- The PRESIDING OFFICER. The ly necessary in light of the changes to degree amendments in order; that at clerk will report. the federal computer crime statutes the conclusion or yielding back of The legislative clerk read as follows: contained in the act as well as in this time, the amendment be agreed to and The Senator from Connecticut [Mr. amendment. Such a review based on the motion to reconsider be laid upon LIEBERMAN], for himself and Mr. MCCAIN, the factors included in this amendment the table. proposes an amendment numbered 4694 to should give judges greater latitude to The PRESIDING OFFICER. Without amendment No. 4471. increase a defendant’s sentence to bet- objection, it is so ordered. Mr. LIEBERMAN. Mr. President, I ter account for the seriousness of the Mr. REID. Mr. President, if the Sen- ask unanimous consent that the read- cyber attack. ator will withhold 1 minute, we are in ing of the amendment be dispensed The amendment also includes provi- the process of trying to work out the with. sions to give communications providers next step of our unanimous consent re- The PRESIDING OFFICER. Without and law enforcement greater flexibility quest. We think we are going to be able objection, it is so ordered. when dealing with emergency situa- to do that. Senator THOMPSON is on his (The text of the amendment is print- tions where there is a risk of serious way to the Chamber. ed in today’s RECORD under ‘‘Text of bodily injury or death. Specifically, If that is the case, the next amend- Amendments.’’) the amendment creates a ‘‘good faith’’ ment that will be offered in the next Mr. LIEBERMAN. Mr. President, this exception to allow communications few minutes will be that of Senator is an amendment which embraces legis- providers to disclose communications LIEBERMAN and Senator MCCAIN. That lation that my friend and colleague

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.018 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8903 from Arizona, Senator MCCAIN, and I war against al-Qaida but only assigned be made known to the American peo- introduced last December and then a single analyst to that task; there was ple. Whether they be economic, diplo- joined up with similar legislation in- intelligence information, of course, and matic, intelligence, there are a number troduced by the Senator from New Jer- law enforcement intelligence, not of factors which led up to the tragic sey, Mr. TORRICELLI. Ultimately, we being coordinated. events of September 11. have 22 Members of the Senate from Senator MCCAIN and I, as well as Sen- Obviously, the lawmakers and those both parties who have joined as cospon- ators TORRICELLI and SPECTER, met who are involved so far in the inves- sors of the legislation. earlier today with some of the families tigation are not satisfied with the in- The underlying bill went to the Sen- of the people who lost their lives on formation we have received. There is ate Governmental Affairs Committee, September 11. The question they con- an article in the Washington Post, which I am privileged to chair, and was tinued to ask is: How could this have dated Thursday, September 19, today, reported out favorably earlier this happened and was it preventable? They which says in part: year. strongly support the adoption of this Lawmakers from both parties yesterday This amendment now embraces that independent commission. Why? Be- protested the Bush administration’s lack of legislation. It would create an inde- cooperation in the congressional inquiry into cause they have had the heroic September 11 intelligence failures and pendent, nonpartisan citizens commis- strength to turn their grievous loss threaten to renew efforts to establish an sion to investigate how and why the into active advocacy for the kind of in- independent commission. tragic terrorist attacks against the vestigation that will go as far as we The article continues: United States happened on September can humanly go to determine the ‘‘Are we getting the cooperation we need? 11, 2001. causes of September 11 so we make Absolutely not,’’ Sen. Richard C. Shelby The underlying measure we are con- sure it never happens again. (Ala.), the ranking Republican on the Senate sidering to create a Department of The commission, to be appointed by Intelligence committee said in a joint ap- Homeland Security, to better organize legislative leaders of both parties of pearance with Chairman Bob Graham (D- the Federal agencies whose dis- both Houses, is to have 10 persons on it, Fla). . . . Graham added: ‘‘What we’re trying to do is organization, I fear, created some of not Government employees, not Mem- get people who had hands on these issues. the vulnerabilities that the terrorists bers of Congress—an equal number of . . .And what we’re being told is: no, they took advantage of in striking us on members of both political parties. don’t want to make those kind of witnesses September 11, is a proposal that also They choose the chair and vice chair. available.’’ came out of our committee. This ought to be, and I am confident Both Graham and Shelby yesterday en- This amendment would improve the will be, a commission that will not dorsed the idea of independent panels. In his Department that will be created as a remarks at the start of the hearings, Shelby consider itself in any sense limited or warned that ‘‘there may come a day very result of the underlying proposal. Up truly identified by party affiliation. soon when it will become apparent that ours until this time, the Joint Intelligence This is a commission that will have a must be only a prelude to further inquiries.’’ Committees of the House and Senate public purpose: To go beyond the focus Shelby acknowledged that the congres- have been pursuing investigations fo- of the Intelligence Committees; di- sional probe would be incomplete. ‘‘I’m cused particularly on how the intel- rected towards intelligence; to consider afraid if we try to publish at the end of this ligence community performed and the widest array of possible causes of session a definitive paper on what we found, what lapses there were in that perform- that there will be things that we don’t know September 11; to look at our defense because we hadn’t had time to probe them ance that may have contributed to the policies, our foreign policies, our inter- and we have cooperation.’’ attacks of September 11. national economic policies, our inter- I quote Senators SHELBY and GRAHAM Senator MCCAIN and I, and our col- national public diplomacy policies, our because they are two of the most re- leagues, introduced this measure last intelligence, our law enforcement; to spected Members of this body, the December because we believed, first, leave no stone unturned in trying to chairman and ranking member of the that there was a need now, after this answer the question of how September Intelligence Committee, both highly truly unprecedented attack of Sep- 11 could have happened, so we make regarded in all areas but particularly tember 11, 2001. People compare it to sure it never happens again. in carrying out their responsibilities as Pearl Harbor. It is comparable, but re- It will have the credibility of an inde- members of the Intelligence Com- member, Pearl Harbor was primarily pendent, nonpolitical, nonpartisan mittee. an attack against Americans in uni- commission composed of a mix of citi- I go back for a second to the issue of form. September 11, 2001, was an attack zens whose experience and capacity what brought about September 11. I against innocent civilians, a classic will bring great credibility to this re- will give an example of a factor that terrorist attack. After Pearl Harbor, port. needs to be examined which has noth- there were investigations in Congress, I am so pleased there has been a ing to do with any secret information not unlike the ones being carried out twist of fate and procedure, often quite or intelligence information. by the Joint Intelligence Committee. important in this body, that has al- In 1989, with the active help of the But there were also citizens’ commis- lowed us now to introduce this amend- United States of America and our al- sions involved to carry out broader in- ment. I am, therefore, honored to move lies, the then-Soviet Union was driven vestigations, and that is exactly what its adoption. out of Afghanistan. At that point in this commission, as created by this I yield the floor. time, we, as a policy, the United States amendment now, would do, if adopted. The PRESIDING OFFICER (Ms. of America, turned our back on Af- This commission would build on the CANTWELL). The Senator from Arizona. ghanistan. We provided very little as- work done by the Intelligence Commit- Mr. MCCAIN. Madam President, I sistance, we paid very little attention, tees which began their reports yester- thank my friend, Senator LIEBERMAN, except to celebrate a great victory for day. for the privilege of working with him the then-Afghan freedom fighters. The testimony from the staff director on an issue that I think is of some im- We all know what transpired in the of the committee, I found chilling, in- portance. I appreciate again the fact ensuing 10 to 11 years. The Government sofar as it reported that as far back as that he moved this legislation through of Afghanistan basically became a se- 1998, if I remember the date correctly, the committee of which he is chair- ries of fighting warlords, and chaos there was intelligence traffic inter- man. At that time, the debate and the prevailed throughout the Nation, and cepted that indicated that the al-Qaida discussion lent weight to the passage of up came, as happens in history, a group terrorists were, in fact, discussing the this legislation. called the Taliban that promised order use of civilian aircraft as weapons tar- We are simply seeking a commission to the people of Afghanistan. Over time geted against prominent buildings in to investigate all of the factors that they welcomed the Taliban and, of the United States of America. Along led to the tragic events of September course, the Taliban assumed power. As the way, the Director of the CIA, so the 11. We believe there is more than an in- part of their regime, they not only al- testimony yesterday went before the telligence aspect of this scenario that lowed but encouraged and provided Intelligence Committees, effectively needs to be addressed. We believe there help and assistance—all this is a mat- declared an intelligence community were a variety of factors that need to ter of public record—to Osama bin

VerDate Sep 04 2002 04:56 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.072 S19PT1 S8904 CONGRESSIONAL RECORD — SENATE September 19, 2002 Laden. It was well known that Osama most respected people in America to devoted to al-Qaida before 9/11 helps explain bin Laden maintained and built his ter- serve on this commission. why the $30 billion a year spent on intel- rorist training camps there, his finan- But let’s have no doubt that a com- ligence did not turn up the terrorist plot. But the report raises new questions about cial network, and was the breeding mission is called for, just as a commis- the failure of the FBI and CIA to redirect re- ground for the terrorists, including sion was called for following December sources from cold war enemies to new age those who hijacked the airplanes on 7, 1941, when Franklin Delano Roo- terrorists. September 11. sevelt felt that the United States of The New York Times: What is it that led the United States America was not too busy to appoint a Despite DCI’s declaration of war in 1998, of America to make a policy decision commission to examine the events that there was no massive shift in budget or reas- that what happened in Afghanistan was led up to what he called the day that signment of personnel to counterterrorism not of sufficient concern to the United will live in infamy. until after September 11. States of America and our policy- I thank Senator LIEBERMAN. I will I ask unanimous consent that these makers to intervene at any time as quote from several articles that ap- articles I just quoted from be printed this scenario unfolded? That is just one peared in the newspapers in previous in the RECORD. example of the areas that need to be days that are bound to ratchet up con- There being no objection, the mate- explored. cern and, in some cases, the frustration rial was ordered to be printed in the Where was the economic aid? Did the of the American people about this RECORD, as follows: United States of America, because of a issue. WHILE AMERICA SLEPT variety of reasons, not encourage or L.A. Times headline: U.S. Overlooked The initial findings of a Congressional even countenance the behavior of the Terrorism Signs Well Before Sep- committee that has been reviewing the per- Saudi Government? The Saudi Govern- tember 11: formance of America’s intelligence agencies ment, as we all know, is funding the A House-Senate panel report says al-Qaida before Sept. 11 are profoundly disturbing. Madrasas. They are giving money to was focusing on a domestic attack and the While the investigation has not found that the Islamic extremists who recruit use of planes as far back as the mid-1990s. the agencies collected information pointing young Middle Eastern men off the to the date and targets of the attacks, it has New York Times editorial, Sep- streets and teach them to hate the discovered reports that Osama bin Laden and tember 19, 2002, ‘‘While America his followers hoped to hit sites in the United United States of America, our culture, Slept’’: States and that they might employ commer- our values, the West. Indeed, 15 of the cial airliners as weapons. The response of spy The initial findings of a Congressional 19 hijackers on September 11 were organizations—and the government at committee that has been reviewing the per- Saudi citizens. They were not large—was anemic. formance of America’s intelligence agencies One of the great unanswered questions has uneducated. Many of them, as we all before Sept. 11 are profoundly disturbing. been whether the government had enough in- know, had received pilot training in While the investigation has not found that telligence in the months before Sept. 11 to the United States of America. the agencies collected information pointing fear an imminent blow within the United Why did the United States fail to re- to the date and targets of the attacks, it has States and to take aggressive steps to discovered reports that Osama bin Laden and alize that the Saudis, in the guise, per- heighten security, especially at airports. The his followers hoped to hit sites in the United haps, of being the guardians of the answer now appears to be affirmative. Inves- most sacred places of the Muslim Is- States and that they might employ commer- tigators working for the Senate and House lamic religion, were funding very gen- cial airliners as weapons. The response of spy intelligence committees found numerous re- organizations—and the government at erously these radical Islamic elements ports in the archives of the Central Intel- large—was anemic. ligence Agency and other spy organizations whose influence spread all over the One of the great unanswered questions has Middle East? suggesting that the bin Laden network was been whether the government had enough in- eager to mount attacks within the United There was a tragic bombing of the telligence in the months before Sept. 11 to States. There were also warnings that ter- Marine barracks in Beirut in 1983. fear an imminent blow within the United rorists were considering using airplanes. What was the reaction of the United States and to take aggressive steps to The accumulation of alarming evidence led States to that, beside an eventual very heighten security, especially at airports. The George Tenet, the director of central intel- rapid withdrawal from Beirut? answer now appears to be affirmative. Inves- ligence, to tell his top aides in December 1998 The U.S.S. Cole, in port in Yemen, tigators working for the Senate and House that ‘‘we are at war’’ with Osama bin Laden intelligence committees found numerous re- was attacked by Islamic extremists. and ‘‘I want no resources or people spared in ports in the archives of the Central Intel- this effort.’’ That was exactly the right reac- U.S. Embassies all over the world were ligence Agency and other spy organizations tion, but the mobilization of resources that attacked. What was the response of the suggesting that the bin Laden network was followed did not match the threat. United States to those tragedies? eager to mount attacks within the United The Congressional investigators learned My point is there is a broad variety States. that almost no one at the Federal Bureau of of issues that need to be addressed. One of the articles here from USA Investigation was aware of Mr. Tenet’s dec- Those issues, as credible as the U.S. Today is entitled ‘‘Intelligence Fails.’’ laration of war. On Sept. 11, the F.B.I.’s international terrorism unit had just one an- Congress is, need to be examined by the It is very curious: most respected people in the United alyst to deal with Al Qaeda. Even the C.I.A. Almost 3 years before the September 11 at- itself did not make major readjustments to States of America—men and women tacks, CIA Director George Tenet sent a evaluate the threat. The agency increased who have spent their entire lives in memo to his deputies. ‘‘We are at war the number of analysts assigned full time to public service and are highly regarded against Osama bin Laden. I want no re- the bin Laden network from three in 1999 to by the American people whose assess- sources or people spared in this effort.’’ five in 2001 before the attacks. Despite the ment and evaluation and, most impor- I want to repeat what CIA Director indications that airliners might be used as weapons, including one August 1998 report tantly, recommendations will be given George Tenet sent in a memo 3 years that terrorists might fly a plane into the enormous credibility by the Congress prior to September 11: of the United States, the President of World Trade Center, intelligence analyst ap- We are at war. ...I want no resources or parently made little effort to assess the aer- the United States and, most impor- people spared in this effort. ial threat. The Federal Aviation Administra- tantly, the people of the United States, But the article goes on to say that, tion did not take the threat seriously. who still are confused as to how these Since Sept. 11, the C.I.A., F.B.I. and other by the morning of September 11, the events came about to their great sur- agencies have poured resources into the fight prise, astonishment, and sorrow. war effort had yet to be mounted. against terrorism, and addressed many of the The makeup of the commission According to a report released Wednesday inadequacies depicted in the Congressional should be of the most respected people by the House and Senate in their first public study. The findings underscore the urgent in America. Exactly who appoints hearing....Lawmakers revealed CIA’s need for greater alertness, more coordination Counterterrorism Center had just five ana- between agencies and the recognition that who—the President, the majority lead- lysts assigned full time to tracking bin intelligence agencies must constantly be er—we have a formula in our bill, but Laden’s network. The FBI put one lone al- looking not just for familiar threats but also we are willing to negotiate that. In a Qaida analyst assigned to the agency’s inter- for new and unexpected methods of attack- bipartisan spirit, we can select the national terrorist unit. A lack of attention ing America.

VerDate Sep 04 2002 05:00 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.075 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8905

INTELLIGENCE FAILS wake of previous attacks tended to result in take, shouldn’t that someone be held ac- As the massive FBI investigation uncovers piecemeal reforms. What’s needed is a whole- countable, just a little? People lose jobs in more details of the scope, complexity and sale review of how the U.S. collects, studies government for hiring nannies and forget- long-term planning behind the Sept. 11 ter- and uses foreign and domestic intelligence. ting to pay their taxes. In the military, offi- rorist attacks, it is revealing an equally Preferably with an eye toward better coordi- cers resign when something goes wrong on massive failure in the nation’s counterintel- nation. their watch, even if they were personally ligence efforts. In this context, Bush’s new Cabinet posi- blameless for what happened. Isn’t it pos- Earlier this week, the FBI suggested that tion makes perfect sense. sible that some people should be rep- two more planes might have been targeted There are almost certainly other terrorist rimanded, or even lose their jobs, when 3,000 for hijacking. That’s on top of what is al- plots in the works designed to take advan- Americans are killed in a terrorist attach? ready known—that more than a dozen terror- tage of previously identified weaknesses in For the past eight months the Bush adminis- ists spent years training and preparing for the system. tration has essentially been saying that ev- the attack inside the USA, almost certainly Finding out who perpetrated the unimagi- erything and everyone worked just fine. with the help of many more accomplices. nable horror inflicted on the U.S. last week That is absurd and unsustainable. And, of course, it’s perilous. The third rea- How could so many terrorists operate for so is important. Preventing any future attacks son we need an investigation is that the sys- long in the U.S. piecing together a complex on U.S. citizens is critical. tem did not work. Either we didn’t have the attack plan without detection? Madam President, there is an edi- intelligence we should have had before Sep- President Bush took the first much-needed torial from the Weekly Standard, tember 11. Or the information was not ade- step to addressing that question Thursday ‘‘Time For An Investigation.’’ quately distributed and therefore key signals with a call for a new Cabinet-level home- If President Bush knows what’s good for were missed. Or the intelligence was assem- land-defense agency. It is a recognition of the country—and we think he does—he will bled but wasn’t taken seriously enough. Or it what many terrorism experts have long seen immediately appoint an independent, blue- was taken seriously but insufficient action as a key weakness in national security, one ribbon commission to investigate the gov- was taken to prevent an attack. We don’t that has left the country not just scrambling ernment’s failure to anticipate and ade- know there the system broke down. We only to piece together the Sept. 11 attack, but quately prepare for the terrorist attacks of now that it did. also wondering whether the nation’s September 11. Make George Shultz and Sam Surely the first step in fixing the system— counterterrorism efforts will be able to de- Nunn co-chairmen. Give the commission full and thereby defending ourselves against the tect the next attack before it is launched. and unfettered access to all intelligence next attack [and that is really what this The nation’s checkered history of tracking from the CIA and FBI and to all relevant in- commission is about, fix the system and de- Osama bin Laden and anticipating the evil ternal administration documents. fend ourselves from the next attack] is to deeds later linked to his network is anything This is a very important point in this identify what went wrong or who performed but reassuring. badly. Isn’t anyone troubled by the fact that Since the U.S. Embassy bombings in Tan- commission. This commission must if the failure stemmed partly from incom- zania and Kenya in 1998, the government has have access to all relevant documents. petence, then the incompetent people are claimed that it is taking substantial efforts I think the frustration articulated by still at their vitally important posts? Isn’t to root out bin Laden’s terrorist network. As Senators SHELBY and GRAHAM cannot President Bush troubled? If it was the sys- recently as June of this year, the CIA and be a part of this independent commis- tem that failed, then should that same sys- Senate Intelligence Committee members tem be left in place because no one is willing were reassuring the public that bin Laden sion. There are three reasons such an investiga- to take a hard look at how and why it failed? was being kept ‘‘off balance’’ and ‘‘on the We understand the administration’s reluc- tion is necessary. First, the administration run.’’ Yet this diligence didn’t detect or tance to go through this wrenching process. is now in danger of looking as if it has en- deter either the Sept. 11 tragedies or the Oc- We understand, too, why the president’s sup- gaged in a cover-up. The carefully worded tober suicide bombing of the USS Cole in porters are reluctant to demand an inves- and evasive statements by various adminis- Yemen, both of which were only later linked tigation. It was nauseating last week to tration spokesmen in response to the report to bin Laden’s terrorist network. watch Democratic politicians trying to score of the president’s August 6 CIA briefing have These missteps come as no surprise to ter- cheap points against President Bush, treat- raised as many questions as they have an- rorism experts. In recent years, studies by ing this most serious of questions as if it swered. We understand the conundrum that those inside and outside government have re- were another made-to-order Washington administration spokesmen face. They can’t peatedly warned that the intelligence sys- scandal. ‘‘What we have to do now is to find be precise about what they did or didn’t tem, built during the Cold War, was ill-suit- out what the president, what the White know without revealing classified informa- ed to counter the modern terrorist threat. House, knew about the vents leading up to 9/ tion. We also presume the administration The focus was too much on monitoring troop 11, when they knew it, and, most impor- has nothing to hide. But the cat is out of the movements and acquiring hardware and spy- tantly, what was done about it at that bag. The ranking Republican on the Senate ing technology, not utilizing the kind of time,’’ said Dick Gephardt smarmily, des- Intelligence Committee, Richard Shelby, human intelligence needed to penetrate mul- perately trying to fasten blame on the presi- says that ‘‘we’ve just scratched the surface.’’ tinational, loosely organized terror cells. dent a` la Watergate. Responsibilities have been spread across The country needs to be assured that a rep- Unfortunately, the Bush administration, several federal agencies that don’t always utable and unbiased group is going beneath too, has gone into scandal mode—into a de- coordinate. As a December 2000 RAND report the surface to find the truth. fensive crouch. Vice President Dick Cheney put it, the nation’s anti-terrorism program Nor can we assume that the investigation came out swinging, claiming that any criti- ‘‘is fragmented, uncoordinated and politi- already in progress by a special joint con- cism, even a call for an investigation of the cally unaccountable.’’ gressional committee will do the trick. administration’s actions before September At the same time, reports were detailing Given the vulgar partisanship into which 11, was ‘‘thoroughly irresponsible . . . in a the growing threat of massive attacks posed most elected officials descended last week, time of war.’’ But he’s wrong. It’s precisely by rogue terrorists. The spread of technology we have no confidence that any congres- because we’re in a war that we need an inves- made greater levels of destruction possible, sional committee can come up with a rep- tigation to find out where we failed. After and the advance of religious fanaticism made utable and authoritative report. Pearl Harbor, there were half a dozen such Furthermore, regardless of what congress use of it more likely. As a June 2000 National investigations. Franklin D. Roosevelt or- does, the president should order an inves- Commission on Terrorism report noted, ‘‘to- dered the first—just after Pearl harbor. tigation for the sake of accountability with- day’s terrorists seek to inflict mass casual- President Bush should follow that war presi- in the executive branch. ties, and they are attempting to do so both dent’s lead. Then he should get back to the overseas and on American soil.’’ I think my colleagues and the Amer- business of winning the war. With all efforts now devoted to tracking ican people may know that not one Again, I believe everyone who is re- down leads in the wake of the Sept. 11 at- person has been replaced, removed, sponsible for anything, as a matter of tack, law enforcement and intelligence com- fired, asked to resign, retire or held re- munities have little time to analyze their public service, should be held respon- failings. As CIA spokesman Mark Mansfield sponsible for the events of September sible. That is obvious. But the reason put it Tuesday, the agency ‘‘won’t be dis- 11—remarkable. Remarkable. why Senator LIEBERMAN and I have tracted’’ by criticism. Ever since September 11 we have been fought so hard is because the American That’s fine. Their failings will get plenty troubled and puzzled that almost no one in people deserve to know one funda- of airing in Congress and elsewhere. The Sen- the government seems to have been held re- mental fact; that is, that we know all ate Intelligence Committee has already sponsible—much less, heaven forbid, stepped of the factors and causes of the tragedy promised hearings on the failure to detect forward to assume responsibility—for fail- the suicide hijackings. ure. Was what happened on September 11 the of September 11. Once we know all of More important, though, is that problems consequence of everyone doing their job per- those factors and causes, we will then identified in these postmortems should be fectly? Can it really be that no one made a be able to take the necessary action to corrected. Recommendations made in the mistake? And if someone did make a mis- prevent a repetition.

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.026 S19PT1 S8906 CONGRESSIONAL RECORD — SENATE September 19, 2002 I don’t know how in the world we can sults of this commission, the sooner we of the families of those who died on assure the American people that there can take the necessary measures to de- September 11: How did this happen? will not be a repetition unless we know fend against a repetition. And how can we know everything that everything that caused it. That seems I yield the floor. is possible to know so we can make to me so obvious on its face that that The PRESIDING OFFICER. The Sen- sure it never happens again? alone is a compelling reason for the ap- ator from Connecticut. But as to the specific details, we wel- pointment of this commission. Mr. LIEBERMAN. I thank the Chair. come the questions and inquiries of the I have had the great honor, as have I thank my friend from Arizona for a Members of the Senate before this most Members of this body, to have the very eloquent statement. I thank him amendment comes to a vote. opportunity to know the family mem- for the work we have done together on I yield the floor. bers and survivors of those who per- this proposal. I also thank him for The PRESIDING OFFICER. The Sen- ished or were wounded in the tragic clarifying something about which I ator from Nevada. events of September 11. They have misspoke. I said there had only been Mr. REID. Madam President, while come to me and to Senator LIEBERMAN one analyst at the CIA committed to the two sponsors of this amendment and many other Members of this body targeting al-Qaida even after al-Qaida are in the Chamber, and the two man- and said: We deserve to know. We de- had been determined to be the source agers of this bill, we have had a num- serve to know what happened that of terrorism against us in a very com- ber of inquiries in the cloakrooms brought about the deaths of our loved mitted act. In fact, there were five— about what the rest of the day is going ones. still not a significant enough number— to hold. There is the question of wheth- They make a very compelling case. in the counterterrorism center of the er or not we will have any more votes They make an argument that I think is CIA, and one analyst at the Federal tonight. hard to refute. We owe them a great Bureau of Investigation. I know the Senator from Tennessee debt because of the service and sac- For the record, the amendment we has looked at the proposed unanimous rifice of many of their loved ones. In- have offered today differs in a few re- consent request, which basically would credible feats of heroism, as we all spects from the bill reported out of give several hours of debate on this know, were performed on September 11. committee. amendment today and an hour set I hope we will give some weight to We are calling for an even division aside for Monday to complete debate their opinions and desires. I think it is between Republicans and Democrats in on it and vote on it on Monday. But I perfectly legitimate and understand- choosing commission members. As am wondering, without pressing the able that they have a right to know Senator MCCAIN said, I certainly hope Senator from Tennessee too hard, what caused the events that took away this is a nonpartisan commission—not could the Senator give us some indica- their husbands, fathers, wives, sons, even bipartisan—with the majority tion when he might be in the position daughters, brothers, sisters, and parties of the Senate and House each to see if we can enter into this unani- friends. receiving three picks and the minority mous consent request so we can better I hope we can get a large majority parties in each House having two nomi- field the questions in the cloakrooms? vote so we can go to conference with nations. This is the configuration of an Mr. THOMPSON. I am not sure ex- the House, get this commission ap- equivalent commission recently cre- actly what is in the unanimous consent pointed, and give them the tools they ated by the House of Representatives. request. But I can possibly be a little need to make sure we appoint in a non- And it has another notable precedent bit more definitive after we have had a partisan—not bipartisan, nonpartisan— in the form of a National Commission chance to discuss what is going on fashion the members of this committee on Terrorism created by Congress in here. who are the most respected men and 1999 headed by former Ambassador Mr. REID. What it simply says is women in America. We could come up Paul Bremer, which produced some that there would be a total of probably with a list in a very short period of work that had an effect on our foreign 3 hours for debate equally divided, and time, give them the tools they need, policy. then we would come back on Monday and within a reasonable length of time There are three other minor changes and debate it for another hour. At that they could report back to the Presi- in the text of our original bill. The bill time, the Senate would vote in relation dent, to the Congress, and, most impor- emphasizes that the commission should to the amendment. There would be no tantly, to the American people. build on the progress of Congress and second-degree amendments in order In that way, as far as those who lost its committees, and other inquiries, es- prior to the disposition of the amend- loved ones in the tragic 9/11 attacks are pecially the joint inquiry of the Senate ment. concerned, at least they may have and House Intelligence Committees re- It is very simple and direct. But we some comfort in the knowledge that we garding terrorist attacks. are trying to get something set up for will be prepared to take whatever nec- I hope they will come to the floor and tomorrow and Monday. We have left a essary steps to ensure that no other speak for themselves. But I want to say lot of Senators without any direction. family member ever experiences the that Senator GRAMM, chairman of the We need to do that. As soon as the Sen- tragic loss they experienced. Intelligence Committee of the Senate, ator from Tennessee feels confident I hope we can discuss this issue at and Senator SHELBY, vice chairman, that we can enter this agreement, let the proper length. have each said to me—although origi- us know, and we will do that as quickly I again thank my friend from Con- nally earlier in the hearings—that they as possible. If we can do that, I think necticut. I see my friend Senator have some concerns but now fully sup- the leader will be in a position to an- THOMPSON on the floor, who probably port the creation of the commission nounce that there will be no more knows as much as or more than, on that this amendment would bring votes tonight. Until that happens, we many of these issues, any Member of about. can’t do that. this body. I am obviously very inter- The amendment, as we have sub- Mr. THOMPSON. I will be happy to ested in hearing his views on this legis- mitted it, provides that the chair and respond to the Senator a little later lation. the vice chair of the commission, in ad- this afternoon. Finally, I say again that this legisla- dition to the chairpersons, can issue The PRESIDING OFFICER. The Sen- tion is not carved in stone. Senator subpoenas. And it makes technical im- ator from Tennessee. LIEBERMAN and I are willing to make provements to the bill’s alternative Mr. THOMPSON. Madam President, I adjustments to it. We are willing to subpoena enforcement mechanism. welcome the opportunity, while I have take input from the administration or I wanted my colleagues to know that two of my close friends and respected any of our colleagues or anyone else there have been those changes from the Members who are sponsoring this who is concerned about it. That is why bill as it came out of our committee, amendment here on the floor, to hope- we have the amending process. But we and to echo what Senator MCCAIN has fully enter into a discussion under the also think we ought to get it done, and said. This is an idea. It is an idea that rules of the Senate and with the con- we also think that time is not on our we believe is a necessity, in the public sent of our colleagues as to some of the side because the sooner we get the re- interest, to answer the plaintive cries details of this proposal, as to what is

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.077 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8907 intended, as to what we are trying to states—and we would be glad to report year’s timeframe for this investiga- accomplish, and as to whether or not language, with the assistance of the tion? this is the best way to accomplish it. Senator from Tennessee, to point out Mr. LIEBERMAN. Responding to the I commend my colleagues for their that clearly intelligence is a central Senator, a total of 18 months, with a effort. I think they have had for a long and perhaps most important aspect of preliminary report due after 6 months. time the idea of a commission—a long any investigation of this nature. The Mr. THOMPSON. All right. Well, that time before a lot of other people who Senator mentioned that there are a is more than the Intelligence Com- are now calling for one. They have had number of other factors we would want mittee has had. I must concede that. this vision. Quite frankly, I have tried to take into consideration. But the question really is, Can we do to keep an open mind with regard to While the Senator was off the floor, I all of that? We are combining some the wisdom of it. I sit on the Intel- pointed out that we turned our back on things that would be very subjective, ligence Committee. Right now, we are Afghanistan after 1989. What were the very politically sensitive. Hopefully, having bipartisan and bicameral hear- reasons for that? And what were the we will have the kind of people on this ings with regard to many issues, some diplomatic or national security factors commission to be able the deal with of which have to do with 9/11. that led to that decision being made? that, along with some very detailed in- I ask my colleagues—either or both However, having said that, it is clear quiry with regard to the intelligence of them—how they view the role of the intelligence plays a featured role in community. commission with regard to the intel- any investigation. But I am also a lit- Is that the best way to go? Can we ligence issues. tle bit concerned—and I wonder if the really hope that at the end of the day I am wondering whether we could Senator from Tennessee is concerned— we have been able to do all of that? probe very deeply and successfully into about a report in the Washington Post That leads me to my second question, what happened with regard to 9/11, in- where, ‘‘[Senator] Shelby acknowl- I suppose, and that is in regard to ac- cluding any intelligence breakdown, edged that the congressional probe cess to information. As I read through and still come away with a not very would be incomplete. ‘I’m afraid if we this, there is a provision for ‘‘Informa- good analysis of the difficulties we are try to publish at the end of this session tion From Federal Agencies’’ for this having in the intelligence community. a definitive paper on what we found, commission. On page 9 of the amend- Is it the best thing to do to have a that there will be some things that we ment, it says: commission that has a rather broad don’t know because we hadn’t had time The Commission is authorized to secure di- mandate with regard to anything and to probe them and we have not had rectly from any executive department, bu- everything and at any level of Govern- enough cooperation,’ he said.’’ reau, agency, board, commission, office, ment with regard to September 11 of As I respond, I wonder if the Senator independent establishment, or instrumen- which intelligence would be a part? Is from Tennessee has that concern, as tality of the Government information, sug- that better than maybe a deeper probe expressed by Senator SHELBY. gestions, estimates, and statistics for the that is more narrowly focused with re- Mr. THOMPSON. I would say, in re- purposes of this title. gard to our intelligence failures? Be- sponse, that I indeed have had that I am not sure that—let’s just say for cause most of us believe that is at the concern as that investigation has gone the purposes of this discussion—having heart of the difficulties we saw in rela- along. And we have seen the various access with regard to intelligence tion to September 11. problems we have had with it and the agencies, with regard to suggestions, I have had the opportunity to read various difficulties we have had inter- estimates, and statistics would do us the amendment once. I notice the func- nally and externally, and with the time very much good. tions of the commission are to conduct limitation we placed on ourselves in Now, the right kind of information investigations that may include rel- this intelligence investigation. And I would be helpful, but is the intent here evant facts relating to intelligence was concerned a long time about where that this commission will be able to go agencies. But ‘‘intelligence agencies’’ we were going to end up and whether into these agencies, regardless of what is mentioned, along with a lot of other we were going to be in a position of as- they are? agencies: ‘‘law enforcement agencies;’’ suring the American people that we Also, you have another provision in ‘‘immigration, nonimmigrant visas, had done more than we had really here that provides for clearance and and border control;’’ ‘‘the flow of assets done. providing access to people with sen- to terrorist organizations;’’ and other I will have more to say on that later. sitive information. areas of concern that are not agencies, I still want to keep my powder as dry But is the intention to provide the such as ‘‘commercial aviation’’ and as I can for as long as I can because it members and/or staff of this agency ‘‘diplomacy.’’ I am not sure what that is ongoing and hope springs eternal. with the authority and the ability to means. But I certainly do have concern go into these agencies and to review But I would ask my colleagues what about that, which gets me back to my the most sensitive information? went into their thinking, what is the original concern about where intel- I think back to the Rumsfeld Com- state of their thinking with regard to ligence ought to play in this inquiry. mission, which I think most people that issue. Is it best to have the broad- I appreciate the Senator’s reassur- would agree was a very successful en- er scope that might trip lightly over ance with regard to that, and its im- terprise, dealing with issues of missile intelligence issues? Would that be bet- portance and, perhaps, central func- technology and nuclear capability of ter than having a more detailed and tion, central role. But I wonder; it con- various countries, and so forth, very narrow inquiry as to intelligence fail- cerns me when I see that put together sensitive information. It was done suc- ures? with immigration issues, and aviation cessfully. I would ask my friend from Arizona issues, and diplomacy issues. A lot of these people were scientists what his thinking is with regard to For example, I would be interested and the same kind of people, perhaps, that. and would like, if we could get the in many respects that your commission Mr. MCCAIN. Madam President, I ask right kind of people and the right kind would adopt. They have done that very unanimous consent that Senator of objectivity, to have a session as to successfully. I am wondering if some- LIEBERMAN, Senator THOMPSON, and I our policies with regard to reaction one some months hence would read this be allowed to enter into a colloquy for ever since the bombings in Beirut, to document and say: We did not intend the exchange of comments to one an- the attack on the USS Cole, to the to do that. Whatever reports are out other. events in Somalia, and all of that. there, analyze those reports. But we The PRESIDING OFFICER. Is there What effect did all of that have on all didn’t have any intention for you going objection? of this? Did that embolden people in and really getting something that Without objection, it is so ordered. around the world, who have ill intent they didn’t want to give you. Mr. MCCAIN. I thank you, Madam toward us, to do some of these things? I think that is relevant because ap- President. Those are very interesting, important parently we still have to make the I say to my friend from Tennessee, issues. But can we take on all of that White House a believer that this is a first of all, our amendment explicitly within—what do we have here?—a good idea. I am wondering, in terms of

VerDate Sep 04 2002 04:56 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.080 S19PT1 S8908 CONGRESSIONAL RECORD — SENATE September 19, 2002 the wording of the bill or legislative in public, certainly to engage public Your commission would come along history, what would be the proper way testimony at various points. and overlay that and take up where to address that question. Mr. MCCAIN. I have one additional that leaves off but would have quite a Mr. LIEBERMAN. Madam President, comment for my friend from Ten- bit broader mandate. It makes me won- I will respond to the Senator from Ten- nessee. One, I believe some of these der whether you really could pick up nessee. I thank my friend for his very hearings have to be held in a classified where they leave off and do the same thoughtful and directly relevant ques- environment. There is just too much kind of job they would have done had tions. raw data out there. I believe the War- they been in business for a while I will try to respond to the first one ren Commission, in their investiga- longer, which leads me to the addi- very briefly and add to what the Sen- tions, held closed meetings as well. tional question: Has my friend consid- ator from Arizona said. I also want to say to the Senator ered—I haven’t discussed this with The commission is given a broad from Tennessee, he was an integral anyone because it just occurred to mandate, in section 604 of this pro- part, as all of us know, in probably the me—whether or not it might be wise to posal, to conduct an investigation of most successful and best known inves- extend the inquiry of the joint intel- all relevant facts and circumstances tigation in this century. That, of ligence committee? We placed an end- relating to the terrorist attacks of Sep- course, was the Watergate committee. of-the-year limitation on this. We had tember 11, 2001, and then it goes on to There are certain parallels, there are the first, I guess you might say, sub- say, that ‘‘may’’ include relevant facts certain nonparallels, obviously, be- stantive public hearing yesterday. We and circumstances relating to, first, in- cause we are dealing with different know about how much longer we are telligence agencies, and then all the issues. But I know the Senator from going to be around here from a prac- rest. Obviously, intelligence is listed Tennessee learned a number of lessons tical standpoint in terms of Members. first, though I emphasize the ‘‘may.’’ from the Watergate hearings. Those I don’t think anybody wants a result This commission has discretionary that apply to this legislation that he and a report that is totally staff driv- authority to go ahead as it will decide thinks could improve our efforts and en. It is not even a permanent staff. It to conduct a very broad investigation get a better product—we now will have is a very good staff, assembled from called for under that section A that I that vote on Monday, I understand—I various places. Some of us know who read from. I certainly hope they will do would be eager to work up an amend- these people are and some of us don’t. some work on the intelligence commu- ment or amendments with the help of But on something this important, with nity, building on the work the joint in- the Senator from Tennessee to bring this kind of time limitation, there is telligence committee has done. this commission to the quality and going to be an awful lot of uneasiness The uniqueness of our proposal is to level which would achieve the goals about all of that. have it be more comprehensive, to get that we seek. I have some uneasiness about the into exactly the kind of broader ques- I would like to engage in those dis- ability of this commission to just pick tions that may seem remote but are cussions, if we could. up from there and go on, when we are not, about what impact the USS Cole Mr. THOMPSON. I appreciate that considering these other broad cat- and Somalia, et cetera, had on both our very much. I would ask, just narrowing egories that perhaps need to be consid- foreign policy and the attitudes of oth- down a little bit more, how do my col- ered, either in a commission or other- ers abroad that may have all contrib- leagues see the work of this commis- wise. I am not sure. But one of the uted to what happened on September sion in relation to the work of the joint things that occurs to me—I don’t see 11. The breadth is very important. intelligence committee? why we would shy away from putting it We are trying to build a complemen- Mr. LIEBERMAN. Responding to the on the table and talking about it—is tary structure because if you want to Senator from Tennessee—another very perhaps extending the joint commit- end this commission’s work feeling important question—it is the intention tee’s work into next year. that you asked every question that of the sponsors that the work of this Mr. LIEBERMAN. Responding again could have been asked about how Sep- commission build on and complement to my friend from Tennessee, let me di- tember 11 happened, there would have the work of the joint intelligence com- rect myself to the first part of your to be a lot of questions about intel- mittee in investigating the events of question. If this commission functions ligence agencies but a lot as well about September 11, 2001. The joint intel- as its sponsors want it to, this national things that may seem remote, like ligence committee has done some very commission on terrorist attacks upon commercial aviation policies or immi- important work. It already produced the United States, it will have the gration policies. That is what the in- some material, just yesterday released high-quality commissioners devoted to tent is. publicly, that was riveting and in its its work, as well as a large, first-rate I do want to respond to the second way raised an additional set of ques- staff that will have the capability both question, which is very important. It tions to be answered either by the com- to pick up the work in the intelligence seems to me this commission will not mittee and its later investigation or by community and carry it as far as it can be able to successfully complete its this commission. be carried forward to answer all rel- work unless it has full access to all the Again, the purview, the focus of the evant questions relating to the causes relevant documents in our Govern- commission we intend to create is of September 11, but also to investigate ment. That is why we have required in much broader and would build on what the other subject matter areas we have the wording of the proposal that the the joint committee on intelligence talked about—diplomacy, law enforce- various departments expeditiously re- has done but then go into other areas ment, aviation policy, et cetera. spond to requests for security clear- we talked about: Defense, foreign pol- Of course, the question of whether ances by members of the commission icy, immigration policy, law enforce- the Intelligence Committee investiga- and their staffs. ment, commercial aviation, et cetera. tion goes on is a separate question. There was an earlier time when some Mr. THOMPSON. I say to my col- And this commission idea stands on its criticized the idea for this commission, league, it seems to me the situation is own. I am encouraged, as I mentioned, saying it might be a circus; I guess on basically this: We have concerns, some that the chair and vice chair of the In- the presumption that it would all be in with regard to our intelligence commu- telligence Committee, Senators public. That is not our intention. nity and our intelligence difficulties; GRAHAM of Florida and SHELBY, both Mr. THOMPSON. Do you provide for some have to do with nonintelligence support the establishment of an inde- closed hearings? areas. We have talked about the area of pendent commission. So I conclude Mr. LIEBERMAN. That is right. The diplomacy and action and reaction to they believe its work can be com- legislation provides for closed hear- attacks, for example. We have a com- plementary. ings. It is my guess that most of the mittee that is about to wind up its Mr. THOMPSON. I thank my col- work of this commission, though not work dealing with the intelligence league. Does the Senator from New all of it, would be done in closed classi- area. I think many people are very con- Jersey have a contribution to make? fied investigations. But some of it, cerned that they are not going to get Mr. LIEBERMAN. If I might first hopefully, presumably, would be done to the heart of the issue. note the presence of the Senator from

VerDate Sep 04 2002 05:00 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.083 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8909 New Jersey on the floor, he was an Madam President, I cannot give that successors will. But make no mistake early, outspoken, and passionate advo- explanation to the hundreds of widows about it, there will be answers. Some- cate for an independent investigation— or orphans and parents and brothers thing very wrong happened. and I have another adjective—per- and sisters in the State of New Jersey Somebody has to provide answers. sistent. Acting separately, he intro- who have survived and dealt with the First, we were told that a commission duced a bill with Senator GRASSLEY, unimaginable. I do not simply hope was impossible because it would inter- and Senator MCCAIN and I introduced that this commission is adopted, but fere with the war in Afghanistan. What another measure. We all agreed we that, on a bipartisan basis, Members of an extraordinary notion: A nation with have the same goals, and we put our this Senate send an unequivocal mes- a $2 trillion budget, a quarter of a bil- two proposals together. sage that this Government is account- lion people, a million men under arms I thank him for his advocacy of this able, its agencies are accountable, and and confronting al-Qaida in Afghani- idea, and I am glad he is on the floor. the American people will get answers. stan prohibited us from using resources I welcome him now to this discussion. It is not that I have come to the floor or personnel to conduct an investiga- Mr. TORRICELLI. I thank my friend. with a suggestion that is somehow a tion—an extraordinary notion, consid- Is the Senator from Tennessee control- compromise with our tradition or un- ering that Franklin Delano Roosevelt ling the time? usual in our practice. This commission was willing to undertake an investiga- The PRESIDING OFFICER. The Sen- will respond, exactly as every other tion while fighting the Germans and ator has used his time. The Senator generation of Americans has responded the Japanese with sufficient resources. from New Jersey is recognized. in every other crisis of similar or lesser Then we were told this was better Mr. TORRICELLI. Madam President, proportions. This Congress demanded done in the Intelligence Committee— on September 12, 2001, I came to the an answer from a commission about possibly a good explanation if the only floor of the Senate to suggest to my the reasons of the causes of the Civil issues of failures were in the intel- colleagues that the magnitude of what War. They were still collecting bodies ligence community. What about immi- had happened to the United States of in the North Atlantic and this Senate gration? How about the FAA? How America in the terrorist attack re- went to New York and met in midtown about law enforcement? How about the quired an independent analysis and es- Manhattan to get answers for how the coordination of policies to save the tablishment of a national commission Titanic could have sunk. The Depres- lives of those firefighters or police offi- of inquiry. I am proud to have led this sion was still ongoing when we de- cers? How about 100 other Government effort, but it was not either my cre- manded a commission for its reasons. agencies? This may be a CIA issue, but ation or principally my idea. And 11 days after Pearl Harbor, Frank- In New Jersey, a week after the ter- it is not only a CIA issue. Still the be- lin Delano Roosevelt, before the U.S. lief was this could be done in the Intel- ror of September 11, I began to hear even counterattacked, wanted the from the widows and the families—sim- ligence Committee. Only now the bi- American people to know how their partisan leadership of the Intelligence ple Americans who believe in their Armed Forces had let them down. He Committee, Senator SHELBY and Sen- country, pay their taxes, and felt se- would not allow American sons and cure behind our borders, recognizing ator GRAHAM, report to us that they daughters to die in a war until their cannot get cooperation from the nec- that the United States is the most awe- parents knew what happened to our essary Government agencies to even some military power ever assembled on military, our preparedness, so their conduct their limited review in this the face of the earth. Intelligence and parents would know that their lives law enforcement services are larger narrow focus. were in good hands. How dare they. How dare anyone here than in every other nation com- Lyndon Johnson did no less after the withhold information or cooperation bined. Just 24 hours before, 19 men with Kennedy assassination, and President from this Senate or the families of the $250,000 had delivered the most dev- Reagan did no less after the Challenger victims who have demanded answers? astating attack on these United States accident. in our history. None of these reports were perfect. It How dare anyone. Their inquiry of me as their Senator was always a painful experience. None Are there those in this Government was simply: What do we tell our chil- of us ever want to admit that anyone who believe their principal loyalty is dren? What are we to believe about our in our Government, anyone in the serv- to their agency, the reputation of their country and our Government that we ice of our country did not perform per- bureau, someone in the bureaucracy were unable to defend our most vulner- fectly. The truth is that terrible things rather than the people of the United able citizens; that thousands had been happen even when people do perform States of America? Does it mean so left dead and thousands were orphaned well, and that may be the conclusion of much to be an agent of the CIA, an em- and lives will never be the same again? this commission, as it has been with ployee of the FBI, or the National Se- I did not have any answers to their others. I don’t know. But the truth is, curity Agency? Is that so important questions, so I brought their questions no Member of the Senate knows either. that you would withhold information to my colleagues. Unless this commission is established, from the American people in a search It has been a long struggle to bring we will never know. for justice for the United States of this commission to this point. I am The simple truth is the Senate might America? more grateful than I can explain that reject this commission, the President I have served in institutions, and I Senator LIEBERMAN and Senator may fail to sign it, or the House of believe in institutional loyalty, but MCCAIN have taken this effort to the Representatives may fail to adopt it. that means nothing compared to loy- point of legislation and possible adop- But that does not mean that there will alty to the United States of America. tion. not be a commission. Yet we have the spectacle of the bipar- No one seeks to cast blame. No one Sometimes justice is so over- tisan leadership of our Intelligence seeks to unfairly lay responsibility whelming, a cause so obvious and pow- Committee claiming they cannot get upon those who may not deserve it. But erful that you can delay it, but you cooperation from the bureaucracy something is wrong—370 days have cannot stop it. Defeat this commission itself. passed, after thousands of lives were today and it will be voted on next year There are issues so large in this de- lost in a complete and total breakdown or the next year—even if it is 10 years, bate that they can only be settled by of the security of the United States of even if it is 20 years. No event of this an overwhelming vote for this commis- America, and I am unaware that one magnitude can happen in a country, in- sion. It is about the accountability of individual has been transferred, de- flicting this much pain, this much the Government itself to the people. It moted, held responsible, fired, noted, or change in a society, without the ac- is about many things, but most fun- criticized. It cannot be that the secu- countability of its Government. Either damentally it is that: Can the people of rity of the United States was breached, the widows and the widowers and the the country hold their Government and thousands of lives were lost, and every parents of these victims will get this its agencies accountable? I do not agency performed perfectly, everybody commission or their children will. know. did their job, all 1 million Federal em- Either the Members of the Senate For one of the first times in my life, ployees performed as expected. will establish this commission or our I am not sure the bureaucracy or its

VerDate Sep 04 2002 05:00 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.085 S19PT1 S8910 CONGRESSIONAL RECORD — SENATE September 19, 2002 components in the intelligence or law The distance between ourselves and the sion and eloquence to the floor today. enforcement agencies genuinely can be events will not lessen the intensity of We will persist together, in growing monitored and controlled by the Con- the need or the demand for the inquiry. numbers in this body, until the ques- gress of the United States. But we are I want nothing but the truth for the tions that he asks, that the families going to find out because that is what families, the communities in my State are asking, are answered. He is right, this commission is about, more than of New Jersey which have suffered so there is an inevitability to this idea, anything else. badly, and mostly for my country. The but ‘‘inevitable’’ can be a long time. One year has passed. Billions of dol- U.S. Government failed our people. It We have to make it happen sooner lars have now been appropriated to does not mean that we are not a good rather than later, and the adoption of deal with terrorism and homeland se- people or that this is not a great Gov- this amendment will do just that. curity. The Congress has been asked ernment, but good and great govern- I do want to say to my friend from for the most sweeping reorganization ments learn by experiences and their New Jersey, he raised a question about of the Government in American his- failures. We can be a better country the underlying bill—I know it was done tory. There is not a Member of this better able to protect our people with a in the context of what he was saying. I Senate who in good conscience either more accountable Government, with do want to assure him, which I know he cast these votes or can cast votes in intelligence and law enforcement agen- knows, that the underlying proposal the future without knowing the results cies that understand their responsibil- for the Department of Homeland Secu- of this inquiry. Spend $10 billion, $20 ities and their needs based on this rity does derive from the Hart-Rudman billion, $30 billion. On what basis is the process. Commission, which saw these money spent? Is there a Member of the It will be a painful process of growth, vulnerabilities before September 11, Senate who knows which agencies but it will happen. We will learn how it and called for a new department, and failed, which should be improved, is that the FBI, given all these warn- the National Commission on Ter- which should be expanded, which ings, could not have had people who rorism—the Bremer Commission did the same—and from the various hear- should be curtailed, what new activi- were possibly trained in Arabic trans- ings of our committee. So I think there ties would make a difference? What is lation, how piles of documents may is an ample record that cries out for the sum of our knowledge of what hap- have accumulated having never been the establishment of a Department of pened on September 11? I do not know. analyzed. We will learn how informa- Homeland Security, but as I have said More importantly, neither do the other tion about flight schools and the pos- all along in this debate, this is our first 99 Members of the Senate, and they sible warnings of the ill intent of its best effort to create such a depart- will never know until we know what students never came to proper atten- ment. happened, why, who failed and who suc- tion. It will be, in my opinion, hope, and ceeded, who met their responsibilities, We will learn how over the course of belief, measurably improved over time, and who did not. years a conspiracy was built, signals by experience but also by the results of Does this reorganization, the under- were received, but we were unable to the inquiry that this amendment will lying legislation before the Senate, see the dimensions of a plot that would create because the more we know make sense for the country? Mr. Presi- so change our country. about how September 11 happened, the dent, I am going to be asked to vote Put aside your loyalties to institu- better we will be able, through this upon that issue and, in good con- tions. Put aside your commitment to new Department of Homeland Security, science, I cannot tell you. On what individuals. This is not about the bu- to make sure it never happens again. basis is this reorganization done? Be- reaucracy. We have passed the point of This morning, I spoke to one of the cause we have learned which agencies being able to preserve the reputations family members of someone who was did not perform? of agencies that failed our country. It killed in New York on September 11, It is no different than the financial is no longer about them. It is about the and she said that sitting at the hearing recommendations. There is not a Mem- accountability of the United States of the joint intelligence committee ber of the Senate who knows which Government. Whoever is found at fault, yesterday, hearing the staff director agencies were not in control, which whoever is found to have performed report on findings to date, forced her to were, which met their responsibilities, their duties, it is time to face the a conclusion that she did not want to how a chain of command might have truth. reach; that the attacks were prevent- been different. Some day we will know This is the issue that will never go able. but not without this commission. away. This is the one part of the Gov- I am not one who believes that an- What we are learning about the fail- ernment, the formation of an inde- other September 11 type of attack is ures of intelligence and law enforce- pendent commission on September 11, inevitable. It is not. We all know that ment since September 11 is shocking. 2001, that will happen no matter what if somebody is crazy enough to strap Naming a national commission dealing we do, no matter how we vote, or what- explosives around their waist and walk with the realities of what happened is ever is said. It is as inevitable as to- into a crowd, it is hard to stop that; going to be a painful national experi- morrow morning’s sunrise because the but even that, with proper intelligence ence. cause is so powerful, so just and so nec- and infiltration of terrorist groups, can We now know that the CIA had ad- essary. be stopped. A terrorist event as large vised the FBI of the names of a hun- Give those few widows, parents, and and as comprehensive as September 11, dred terrorists and to watch for their children the one thing they have been involving all of the context it had with entry into the United States. They demanding. Writing them checks will financial resources, with aviation, with failed. We now know as early as 1998 in- not change it. Laying wreaths will not Governmental agencies, immigration telligence agencies received informa- change it. Prayers will not change it. and otherwise, when one considers all tion about Bin Laden planning an at- They are asking for an answer. They the money we are investing every year tack involving aircraft in New York want an answer, and so do other Ameri- in satellites and conversation surveil- and Washington. cans. And I intend to get it for them. I lance devices, that should have been We now know, as late as July 2001, intend to get that answer. I hope it is noted and prevented, and that is the the National Security Agency reported today. aim of the commission and the depart- 33 communications involving a possible I yield the floor. ment, to make sure that September 11 and imminent terrorist attack. We now The PRESIDING OFFICER (Mr. NEL- never happens again. know the U.S. Government was put on SON of Nebraska). Who yields time? The Senator from New Jersey made notice by foreign intelligence agencies The Senator from Connecticut. reference to the Titanic. I will share and our own of the possibility of such Mr. LIEBERMAN. I thank my friend with my colleagues very briefly an ex- attack. from New Jersey for his comments. I cerpt from an article that appeared in This will be a painful national expe- used the words ‘‘passionate’’ and ‘‘per- the New York Times on September 11, rience—painful for the country, painful sistent’’ to describe his advocacy of an 2002, just last week, on the first anni- for the families. But this problem is independent inquiry into the events of versary of that day. It is written by not going away. Time will not heal it. September 11. He has brought that pas- Jim Dwyer, and it says:

VerDate Sep 04 2002 05:00 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.087 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8911 Of course the country had to understand can do that. It is not that we can even this commission. I appreciate that ef- what went wrong. One of the largest struc- resolve the issue. Tragedies have hap- fort. tures ever built had failed, at a terrible cost pened before in this country, and we I want to continue to study this bill, in lives. When warned of danger, those in are still debating what happened or this amendment. charge had shrugged. Many died because the I want to talk to my friends who sup- rescue effort was plagued by communication what did not happen. breakdowns, a lack of coordination, failure It is a matter of doing what we can port this amendment between now and to prepare. to find out what happened in the best the time we vote. I want the oppor- These findings on the sinking of the Ti- way possible. It is a matter of simple tunity to discuss our process with my tanic entered the public record after the justice. We owe it to the people in- colleagues. Carpathia docked at the Chelsea piers in volved. We owe it to the American peo- I suggest the absence of a quorum. Manhattan on April 18, 1912, with the 705 sur- ple. We owe it to ourselves. We owe it The PRESIDING OFFICER. The vivors plucked from the North Atlantic. to our world to do the best we can to do clerk will call the roll. Starting the next morning at the Waldorf- The assistant legislative clerk pro- Astoria, the barely dry witnesses provided a all those things to make it a little rich body of facts about the accident, the Ti- more preventable, to resolve key ceeded to call the roll. tanic, the maritime practices to the United issues, do the best we can. It is the Mr. REID. Mr. President, I ask unan- States Senate Commerce Committee, which right thing to do. It is a matter of sim- imous consent the order for the held 18 days of hearings. Their testimony ple justice—not that there will be a pot quorum call be rescinded. gave form to a distant horror, shaping law of gold at the end of the rainbow. The PRESIDING OFFICER. Without and history. No inquiry remotely similar in I have become more realistic as I objection, it is so ordered. scope, energy, or transparency has examined look into these things. When I hear Mr. REID. Mr. President, the major- the attacks of last September 11, the dev- about the ‘‘connecting of the dots,’’ we ity leader has asked me to announce astating collapse of two of the world’s tallest there will be no more rollcall votes to- structures, the deaths at the Pentagon, or on should have been able to connect these United Airlines flight 93 in Pennsylvania. A dots, or this is preventable, what I night. handful of tightly focused reviews have know is these dots were in a sea of Mr. GRASSLEY. Mr. President, I rise taken place mostly in secret, conducted by dots, a veritable sea of dots. The prob- to support Senator LIEBERMAN’s private consultants, or by Congressional lem we had with regard to September amendment establishing a National committees. 11 is not just the fact we did not have Commission on Terrorist Acts Upon One year later, the public knows less about the analytical capability there at that the United States. This amendment the circumstances of 2,801 deaths at the foot time, before that time, in order to put would direct the new independent com- of Manhattan in broad daylight than people mission in both investigation of the in 1912 knew within weeks about the Titanic, this together, but for a long time now which sank in the middle of an ocean in the we have lost our ability, analytically facts and circumstances relating to the dead of night. and technologically, to pull together September 11 attacks, and evaluation That hardly seems possible, considering these disparate facts. Technologically, of the lessons learned from the attacks that 9/11 iconography has been absorbed into we ought to be able to evaluate the dis- regarding the Federal Government’s everything from football pageants to pitches parate facts and put our computers to abilities to detect, prevent and respond by speakers peddling lessons in leadership. work and get analyses and estimates as to such attacks. Further, the bill em- And yet, says John F. Timoney, once a sen- powers the commission to hold hear- ior police commander in New York and the to what is likely to happen. former police commissioner in Philadelphia, It will be a long, drawn-out deal. We ings, collect relevant materials and the events of September 11 are among the did not get there overnight, and we will subpoena witnesses for the purpose of most rare in American public life: true ca- not get a solution to it overnight. Even studying the systemic problems within tastrophes that have gone fundamentally if we do everything right, we are never the intelligence and law enforcement unscrutinized. going to be totally safe. There is too communities and to discover what part ‘‘You can hardly point to a cataclysmic much hatred, too much fanaticism in these problems played in the Sep- event in our history, whether it was the the world, and too much high tech- tember 11 attacks. I support this sinking of the Titanic, the Pearl Harbor at- amendment with the expectation that tack, the Kennedy assassination, when a nology. It is too easy for those things blue-ribbon panel did not set out to establish to come together. We will have to be the recommendations coming from this the facts and, where appropriate, suggest re- vigilant for the rest of our lives and commission will assist us in strength- forms,’’ Mr. Timoney. That has not happened the lives of our children and our grand- ening our national security by improv- here.’’ children—and spend a lot of money and ing our intelligence and law enforce- That is the dreadful gap and omission have a lot of effort. ment as well as our intelligence ef- that this amendment aims to fill. I The idea that we can come together forts. We need to do everything pos- hope my colleagues will support it. and have a little investigation or have sible to make sure that this type of at- I yield the floor. a commission, and we can tell the tack never happens again. The PRESIDING OFFICER. The Sen- American people and those tragic vic- As we learn more from the investiga- ator from Tennessee. tims who lost loved ones, and imply we tion into the September 11 attacks, it Mr. THOMPSON. Mr. President, my are going to find out exactly what hap- is increasingly evident that there are colleague is very eloquent in the pro- pened, we will prevent this thing from many barriers of communications be- motion of his cause, which is the cre- happening again—I wish that were tween the several agencies involved in ation of this commission. I appreciate true. I don’t think it will be. the battle against terrorism. I have the response of Senator LIEBERMAN and As I said, we need to do what we can. been concerned about this problem for Senator MCCAIN to the concerns I have. We need to do as much as we can. What a number of years. There is no place for I appreciate the offer they have made we are struggling with is trying to de- jurisdictional battles and unnecessary to work with us to see if we go in this termine the best way to do that and statutory barriers when America’s se- direction and make sure we can put the best forum. We should not be curity is at risk. We also need to deter- forth our best effort. I suppose I look afraid. mine where our national security at the whole endeavor a little bit dif- People say it is not a blame game. Of shortcomings are, and what can be ferently than my friend from Con- course, it is a blame game, to a certain done to remedy them, so that we can necticut. extent. Why shy away from assessing look at potential legislative initiatives Probably the best reason for going blame if there is blame to be assessed? or the appropriate allocation of re- forward with some additional activity, We are talking almost 3,000 lives here. sources. whether extension of the joint com- That is part of it. Prevention is a part Make no mistake, this commission mittee or creation of a new commis- of it. But also a very important part of will not be a witch hunt. We are not sioner, is not necessarily because we it is doing what we can to assess the trying to place blame. Our goal in cre- can do something that will prevent fu- nature of the problem so that we are as ating this commission is to find the ture catastrophes. I wish we could. But strong as we can be—not that we can best way to make our law enforcement there is too much hate and too much prevent any potential problem, but be and intelligence the best that it can be. technology in the world to be able to as strong as we can be. That is what I Although I support this amendment ever guarantee our citizenry that we think my friend is trying to do with and the general idea of a commission

VerDate Sep 04 2002 02:33 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.090 S19PT1 S8912 CONGRESSIONAL RECORD — SENATE September 19, 2002 for this purpose, I would like to note ings went unheeded. Similarly, FBI bility for questioning Congress’ inabil- that I have concerns regarding the agent Coleen Rowley, whose efforts to ity or unwillingness to exercise more changes to the composition of the com- have the FBI and CIA investigate hi- diligently its oversight responsibilities mission. Focusing on the party affili- jacker Zacarias Moussaoui were for those agencies. As is the expecta- ation of the officials who select the rebuffed, believes such an investigation tion that officials who did not com- commission members unnecessarily po- could have uncovered the terrorists’ petently discharge their responsibil- liticizes the commission’s work. This plot in the weeks before the attacks. ities be held accountable. commission should be staffed by men Yesterday, the joint congressional in- Congress is on the verge of creating a and women with knowledge and exper- telligence committee reported that Department of Homeland Security that tise necessary to develop solutions that U.S. intelligence received a number of constitutes the largest reorganization will prevent further terrorist attacks. reports indicating that terrorists were of the Federal Government in many of That having been said, I would like plotting to use planes as weapons and our lifetimes. But there has been no to reiterate the importance of this planning to attack domestic targets. comprehensive diagnosis of the state of amendment and the need for an inde- According to the committee, U.S. in- our preparedness for terrorism prior to pendent commission that will dedicate telligence learned in August 1998 that a last September, no proper analysis of its time to fleshing out these problems ‘‘group of unidentified Arabs planned the security loopholes in our immigra- and in turn allow us to prevent further to fly an explosive-laden plane from a tion and airline security organization attacks and most importantly to pro- foreign country into the World Trade that provided the terrorists with the tect the American people. Center.’’ This information was given to access they needed to kill Americans; Mr. MCCAIN. Mr. President, more has the FBI and the FAA, which took little no systematic review of the failure of changed in the last year than any of us, action. Government agencies to analyze and 1 year ago, would have cared to imag- CIA Director Tenet told the intel- share information on the terrorists’ ine. It was on a September day not un- ligence community in December 1998 planning that coordinated analysis like this one that terrorists committed that ‘‘We are at war,’’ and ‘‘I want no could have revealed prior to the at- mass murder in America, transforming resources or people spared in this ef- tacks; and no formal assessment of the forever the way we think about our se- fort.’’ According to the joint com- consequences of policy decisions dating curity and our role in the world. One mittee, ‘‘Despite the D.C.I.’s declara- back years that led to a climate in Af- year later, we are in the midst of re- tion of war in 1998, there was no mas- ghanistan in which a terrorist network stricting our entire apparatus of Gov- sive shift in budget or reassignment of could train and flourish, with con- ernment to protect against future acts personnel to counterterrorism until sequences that need no retelling. of terror in our homeland. But we have after September 11, 2001.’’ The commit- We need an honest search for an- yet to comprehensively assess what tee’s report continues: ‘‘By late 1998, swers, so that we and the people we went wrong last September 11—how the intelligence community had represent can arrive at fair conclusions our defenses failed us, why our world- amassed a growing body of informa- about what went wrong and develop wide intelligence network did not pro- tion—though general in nature, and ways to repair it. The independent vide us warning of imminent attack, lacking specific details on time and on commission we are proposing to look how terrorists operated and trained place—indicating that bin Laden and into these and all matters concerning within our borders, how policy deci- the Al Qaeda notework intended to our vulnerability and our initial re- sions may have made the events more strike within the United States, and sponse to the attacks would provide a likely, and how various Government concern about bin Laden continued to blueprint for reform of the way we de- agencies failed to analyze information grow over time and reached peak levels fend America. The insights of a blue- in their possessions that could well in the spring and summer of 2001, as ribbon panel of experts, removed from have provided us a blueprint of the ter- the intelligence community faced in- the pressures of partisan politics, rorists’ intentions. creasing numbers of reports of immi- would add to the reforms we are mak- The anniversary of September 11 is nent Al Qaeda attacks against U.S. in- ing with creation of a Homeland Secu- past us, and with it the celebration of terests....’’ rity Department by highlighting addi- heroism and sacrifice that will forever According to the congressional inves- tional areas where the way our Govern- mark that day. Now is the time to take tigators, senior government officials in ment is organized have made us vulner- a harder look at the other side of that July 2001 were briefed on the threat in able. tragic event: the utter failure of the the following language: ‘‘Based on a re- Eleven days after the attack on Pearl United States Government to predict view of all source reporting over the Harbor, President Roosevelt mandated and prevent the slaughter of Americans last five months, we believe that an investigation into how such tragedy in America’s greatest city. [Osama bin Laden] will launch a sig- could have struck an unknowing Amer- The September 11 attacks were in- nificant terrorist attack against U.S. ica. Ultimately, four different major credibly depraved but not, as it turns and/or Israeli interests in the coming panels appointed by the President and out unimaginable. As early as 1995, an weeks. The attack will be spectacular Congress investigated this ‘‘Day of In- accomplice of Ramzi Yousef revealed and designed to inflict mass casualties famy.’’ Seven days after President Ken- that the mastermind behind the 1993 against U.S. facilities or interests. At- nedy was murdered, President Johnson World Trade Center attack intended to tack preparations have been made. At- appointed a commission of distin- plant bombs on 12 U.S.-bound airliners tack will occur with little or no warn- guished leaders to investigate the as- and crash a light plane packed with ex- ing.’’ National Security Agency inter- sassination. The independent commis- plosives into CIA headquarters. The ac- cepts on September 10th warning in Ar- sion we are proposing would carry on complice had trained as a pilot at three abic that ‘‘The match is about to this requirement for answers, which separate U.S. flight schools. In 1999 the begin’’ and ‘‘Tomorrow is zero hour’’ has gone unquestioned and been Library of Congress prepared a report went untranslated until the attacks, deemed necessary in previous crises of for the National Intelligence Council when their meaning became all too ap- this magnitude. warning that al-Qaeda suicide bombers parent. There is a crisis of confidence in ‘‘could crash-land an aircraft packed Asking for, urging, and demanding America today. Americans are more with high explosives’’ in the Pentagon, answers for why various agencies of the proud than ever to be American. But the CIA, or the White House. Federal Government failed to under- large percentages deeply distrust the Two months before the September 11 stand the enormity of the danger fac- institutions that shape our daily attacks, Kenneth Williams, an FBI ing the United States is an obligation lives—the Federal Government, cor- field agent in Phoenix, suspected that shared by all elected Federal officials. porate America, the Church. Corporate terrorists had enrolled in an Arizona As is the responsibility for under- corruption, the scandals of campaign pilot training school. He urged the FBI standing why and how the previous ad- financing and corruption of the polit- to begin investigating whether other ministration failed to combat the ical process have deprived many Amer- U.S. flight schools might be training growing menace of international ter- icans of the sense that they have a terrorists to fly. His prophetic warn- rorism more effectively. As is responsi- stake in the way they are governed. In

VerDate Sep 04 2002 05:00 Sep 20, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.040 S19PT1 September 19, 2002 CONGRESSIONAL RECORD — SENATE S8913 the same way, I believe the lack of a serve the needs of both the administra- us to create a commission that will tell fundamental accounting for the great- tion and Congress by providing a blue- them the truth—and put in place the est tragedy in the Nation’s history— print for action, above and beyond any protections that will prevent future one that touched all Americans and conclusions the joint congressional in- generations from judging us for abdi- permanently altered the way we live telligence investigation may draw from cating our responsibility to that truth. and think about ourselves—is another its limited review. Mr. THOMPSON. Mr. President, I source of alienation and insecurity. Leaders of the joint congressional in- have been asked by Senator HATCH to I do not believe the administration vestigation into the intelligence fail- request unanimous consent that Sen- and the Congress have given the Amer- ures of September 11th have said the ator SCHUMER be removed as a cospon- ican people reason to be confident that attacks may well have been prevent- sor of amendment No. 4693. we no longer remain vulnerable to ter- able, based on everything we have The PRESIDING OFFICER. Without rorist attack, despite the admirable learned since then about what we knew objection, it is so ordered. leadership our President has shown in and how it fit together in a way that f prosecuting the war on terror, and de- formed a blueprint for attack. I find it spite the important work of Congress unfathomable, and frankly unaccept- RECESS SUBJECT TO THE CALL OF to create a Department of Homeland able, that we would accept that we THE CHAIR Security. The congressional intel- could have prevented the attacks, but Mr. REID. Mr. President, I ask unan- ligence committees have been con- in the same breath say we should move imous consent that the Senate be in re- ducting a very limited investigation on. We should move on—after we have cess subject to the call of the Chair. into the intelligence failures related to answered all the lingering questions There being no objection, the Senate, September 11 and even this narrow in- about why we were neither prepared at 5:56 p.m., recessed subject to the call quiry has been sidelined by staff dis- nor organized to meet the challenge of of the Chair and reassembled at 7:13 putes that disrupted its operations and terrorism, and after we have made the p.m., when called to order by the Pre- an FBI investigation into leaked mate- kind of reforms that only a panel of siding Officer (Mrs. MURRAY). rial. Strangely, the FBI is now inves- distinguished experts separated from f tigating the same people who are inves- politics could propose. DOMESTIC NEEDS tigating the FBI. Indeed, until this An independent inquiry will not im- week the joint committee has not held pose a serious burden on the adminis- Mrs. BOXER. Madam President, I any open hearings. Ranking Repub- tration as it prosecutes our just war on want to thank publicly the majority lican Senator SHELBY in particular has terrorism, any more than a similar in- leader, TOM DASCHLE. Yesterday, Lead- been outspoken in criticizing its lack quiry after Pearl Harbor impeded er DASCHLE took to the floor and of progress before it goes out of exist- Franklin D. Roosevelt’s prosecution of talked about something that, frankly, ence when the 107th Congress adjourns. World War II. Nor should it prevent is just not talked about by this admin- Both Senator SHELBY and joint com- members of Congress, the press, or any istration, and that is the very sad state mittee co-chairman Senator BOB American citizen from questioning or of our economy. Somebody needs to GRAHAM support the establishment of criticizing the Government’s apparent focus on that because, while we must an independent commission to carry on failures over the course of successive devote much of our time to the war the work performed by the congres- administrations. All wars and national against terrorism, while we must de- sional intelligence investigation they security failures have occasioned con- vote much of our time to figuring out helped to lead. I am pleased that a temporaneous criticism, and the Re- the best way to meet the threat that number of the Senate members of the public has managed to thrive. Iraq poses in terms of her weapons of joint congressional intelligence com- It is irresponsible in a time of war, or mass destruction and the frightening mittee have endorsed our proposal to any time for that matter, to attack or prospect of those weapons being used, establish a panel that would build upon defend unthinkingly or because par- while we address those issues, I think their work. The rationale for an inde- tisan identification is one’s supreme we know very well that an administra- pendent commission seems indis- interest. But it is not responsible or tion must also pay attention to domes- putable if the very leaders charged right to shrink from offering thought- tic needs, to the job needs, the edu- with a more narrow inquiry do not be- ful criticism when and to whom it is cational needs, the health care needs. lieve their own investigation met the due, and when the consequences of in- We must do both things in a great na- necessary standards to authoritatively completely understanding failures of tion like this. report on and learn from our past fail- governance are potentially cata- So as the Democratic leader made his ures. strophic. On the contrary, such timid- statement yesterday, it is stunning to Many in Congress and the adminis- ity is indefensibly irresponsible espe- see that, in some categories, this econ- tration voiced concern last year that cially in times of war, so irresponsible omy under this administration is the an independent investigation into Sep- that it verges on the unpatriotic. worst we have seen in more than 50 tember 11th’s causes and consequences Two years before the attacks, the years. It is very serious. We must ad- would interfere with Congress’ inves- distinguished Hart-Rudman Commis- dress it. We must have a plan to ad- tigation into these matters. With Con- sion on national security warned that dress it. We must look back at the suc- gress planning to adjourn very soon, as a result of the threat of catastrophic cess of the Clinton administration and the congressional investigation rep- terrorism, ‘‘Americans will likely die other administrations, Democratic and resents only a first step into the intel- on American soil, possibly in large Republican, which had good economic ligence and other failures that gave the numbers.’’ Congress and successive ad- records. We are seeing record stock terrorists their opening. The inde- ministration ignored the commission’s market losses because there is a loss of pendent commission Senator recommendations for reform to defend confidence. There is a decrease in earn- LIEBERMAN and I are proposing would against this threat—many of which are ings and there are massive layoffs. We explicitly build on the work of the con- now embodied in the homeland secu- have seen a maiming or loss in private gressional investigation and would go rity legislation we are considering this sector jobs—the worst in 50 years—and far beyond it by examining Govern- week. We shouldn’t wait for the next the weakest economic growth in 50 ment practice and policy in a host of attack to investigate what more we years. other areas, including foreign policy, need to do to protect the American Madam President, I hope this Senate border control, aviation security, and people. will take care of the two most impor- law enforcement. Until we have comprehensive assess- tant things we could do: Foreign policy Americans deserve answers after the ment of needed reforms across the concerns and also domestic concerns, events of September. This issue rises spectrum of our Government, based on with a prime focus on this economy above politics, as the families and what went wrong last September, we and turning it around and giving Amer- friends who lost loved ones will attest. will not be prepared to predict and pre- icans the kind of confidence they had Indeed, a commission would remove vent the next attack. Americans need in the 1990s. That was a good time for the issue from the political realm and answers. I urge my colleagues to join America.

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