III 

112TH CONGRESS 

2D SESSION S. RES. 594 

Establishing a select committee of the Senate to make a thorough and 

complete investigation of the facts and circumstances surrounding, and 

the response of the United States Government to, the September 11, 

2012, terrorist attacks against the United States consulate and personnel 

in Benghazi, Libya, and to make recommendations to prevent similar 

attacks in the future. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 14, 2012 

Mr. MCCAIN (for himself, Mr. GRAHAM, and Ms. AYOTTE) submitted the following resolution; which was referred to the Committee on Rules and Administration 

RESOLUTION 

Establishing a select committee of the Senate to make a 

thorough and complete investigation of the facts and 

circumstances surrounding, and the response of the 

United States Government to, the September 11, 2012, 

terrorist attacks against the United States consulate and 

personnel in Benghazi, Libya, and to make recommendations to prevent similar attacks in the future. 

Whereas, on September 11, 2012, Glen A. Doherty, Tyrone 

S. Woods, Sean P. Smith, and Ambassador J. Christopher Stevens were murdered during a sophisticated assault on the United States Consulate in Benghazi, Libya, 


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conducted by a group of militants affiliated with alQaeda; 

Whereas this tragedy has raised many important questions 

that affect the national security of the United States and 

the safety of Americans who serve our country abroad; 

Whereas Congress has an unique and essential responsibility 

under the Constitution to conduct oversight of the Executive Branch; 

Whereas more than two months have passed since the tragic 

deaths of these four Americans in Benghazi, and many 

essential questions remain unanswered; 

Whereas Members of Congress have sent numerous letters to 

senior Executive Branch officials requesting information 

on the events of September 11, 2012, most of which have 

not been answered; 

Whereas the Executive Branch has not been forthcoming in 

providing answers to the many questions that have 

emerged regarding those events; 

Whereas the failures that led to the deaths of four Americans 

traverse multiple Executive Branch agencies and come 

under the jurisdiction of a number of Senate committees, 

including the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee 

on the Judiciary, and the Select Committee on Intelligence; 

Whereas several different committees of jurisdiction in both 

the Senate and the House of Representatives are currently holding briefings and hearings to analyze narrow 

aspects of the overall failure in Benghazi before, during, 

and after the attacks; 


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Whereas the death of four Americans in Benghazi was the result of a whole-of-government failure, and any solution to 

prevent such events from happening again will need to be 

holistic and comprehensive, cutting across agency jurisdictions and jurisdictions of committees of Congress; 

Whereas a full and independent accounting of the failures in 

Benghazi and the development of a comprehensive solution to prevent such tragedies in the future require the 

establishment of a temporary Select Committee in the 

Senate; 

Whereas many other important investigations have been conducted in the past through the creation of a select committee of the Senate for a specific purpose and a set 

time; and 

Whereas the American people deserve straight answers to the 

many questions that have been raised about the terrorist 

attacks in Benghazi and what actions should be taken to 

prevent similar attacks in the future: Now, therefore, be 

it 

1 Resolved, That 

2 SECTION 1. SELECT COMMITTEE ON INVESTIGATION OF 

3 THE SEPTEMBER 11, 2012, TERRORIST AT4 TACKS IN BENGHAZI, LIBYA. 

5 There is established a select committee of the Senate 

6 to be known as the Select Committee on Investigation of 

7 the September 11, 2012, Terrorist Attacks in Benghazi, 

8 Libya (in this resolution referred to as the ‘‘Select Com9 mittee’’). 


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1 SEC. 2. PURPOSE AND DUTIES. 

2 (a) PURPOSE.—The purpose of the Select Committee 

3 is to— 

4 (1) investigate the facts and circumstances sur5 rounding the September 11, 2012, terrorist attacks 

6 on the United States consulate and personnel in 

7 Benghazi, Libya; 

8 (2) investigate the response of the United 

9 States Government to those attacks; and 

10 (3) make recommendations to guide executive 

11 and legislative changes to policy in light of such in12 vestigations. 

13 (b) DUTIES.—The Select Committee is authorized 

14 and directed to do everything necessary or appropriate to 

15 conduct the investigations specified in subsection (a). 

16 Without restricting in any way the authority conferred on 

17 the Select Committee by the preceding sentence, the Sen18 ate further expressly authorizes and directs the Select 

19 Committee to investigate the facts and circumstances sur20 rounding the September 11, 2012, terrorist attacks on the 

21 United States consulate and personnel in Benghazi, Libya, 

22 and report on such investigation, regarding the following 

23 matters, including, where applicable, the adequacy of such 

24 matters: 

25 (1) The intelligence assessments and other 

26 threat reporting that preceded the attacks. 


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1 (2) The security measures and manpower deci2 sions taken to protect United States personnel in 

3 Benghazi before the attacks. 

4 (3) The United States military force posture in 

5 the region at the time of the attacks and the result6 ing ability of the United States Armed Forces to re7 spond in the event of such attacks. 

8 (4) United States intelligence assets available in 

9 the region at the time of the attacks and their abil10 ity to respond or assist the United States consulate 

11 and personnel in the event of such attacks. 

12 (5) The response of United States Government 

13 officials once the attacks began. 

14 (6) The public characterization by the Execu15 tive Branch of the attacks in the days and weeks 

16 that followed the attacks. 

17 (7) United States intelligence and intelligence18 sharing during the attacks. 

19 (8) Lessons learned from the attacks. 

20 (9) Actions to prevent a recurrence of such at21 tacks. 

22 SEC. 3. COMPOSITION OF SELECT COMMITTEE. 

23 (a) MEMBERSHIP.— 

24 (1) IN GENERAL.—The Select Committee shall 

25 consist of eight members of the Senate of whom— 


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1 (A) four members shall be appointed by 

2 the majority leader of the Senate; and 

3 (B) four members shall be appointed by 

4 the minority leader of the Senate. 

5 (2) DATE.—The appointments of the members 

6 of the Select Committee shall be made not later than 

7 30 days after the date of the adoption of this resolu8 tion. 

9 (b) VACANCIES.—Any vacancy in the Select Com10 mittee shall not affect its powers, but shall be filled in 

11 the same manner as the original appointment. 

12 (c) SERVICE.—Service of a Senator as a member, 

13 Chair, or Vice Chair of the Select Committee shall not 

14 be taken into account for the purposes of paragraph (4) 

15 of rule XXV of the Standing Rules of the Senate. 

16 (d) CHAIR AND VICE CHAIR.—The Chair of the Se17 lect Committee shall be designated by the majority leader 

18 of the Senate, and the Vice Chair of the Select Committee 

19 shall be designated by the minority leader of the Senate. 

20 (e) QUORUM.— 

21 (1) REPORTS AND RECOMMENDATIONS.—A ma22 jority of the members of the Select Committee shall 

23 constitute a quorum for the purpose of reporting a 

24 matter or recommendation to the Senate. 


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1 (2) TESTIMONY.—One member of the Select 

2 Committee shall constitute a quorum for the purpose 

3 of taking testimony. 

4 (3) OTHER BUSINESS.—A majority of the members of the Select Committee, or 1 5 ⁄3 of the members 

6 of the Select Committee if at least one member of 

7 the minority party is present, shall constitute a 

8 quorum for the purpose of conducting any other 

9 business of the Select Committee. 

10 SEC. 4. RULES AND PROCEDURES. 

11 (a) GOVERNANCE UNDER STANDING RULES OF SEN12 ATE.—Except as otherwise specifically provided in this 

13 resolution, the investigation and hearings conducted by 

14 the Select Committee shall be governed by the Standing 

15 Rules of the Senate. 

16 (b) ADDITIONAL RULES AND PROCEDURES.—The 

17 Select Committee may adopt additional rules or proce18 dures if the Chair and the Vice Chair of the Select Com19 mittee agree, or if the Select Committee by majority vote 

20 so decides, that such additional rules or procedures are 

21 necessary or advisable to enable the Select Committee to 

22 conduct the investigation and hearings authorized by this 

23 resolution. Any such additional rules and procedures— 

24 (1) shall not be inconsistent with this resolution 

25 or the Standing Rules of the Senate; and 


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1 (2) shall become effective upon publication in 

2 the Congressional Record. 

3 SEC. 5. AUTHORITY OF SELECT COMMITTEE. 

4 (a) IN GENERAL.—The Select Committee may exer5 cise all of the powers and responsibilities of a committee 

6 under rule XXVI of the Standing Rules of the Senate. 

7 (b) POWERS.—The Select Committee or, at its direc8 tion, any subcommittee or member of the Select Com9 mittee, may, for the purpose of carrying out this resolu10 tion— 

11 (1) hold hearings; 

12 (2) administer oaths; 

13 (3) sit and act at any time or place during the 

14 sessions, recess, and adjournment periods of the 

15 Senate; 

16 (4) authorize and require, by issuance of sub17 poena or otherwise, the attendance and testimony of 

18 witnesses and the preservation and production of 

19 books, records, correspondence, memoranda, papers, 

20 documents, tapes, and any other materials in what21 ever form the Select Committee considers advisable; 

22 (5) take testimony, orally, by sworn statement, 

23 by sworn written interrogatory, or by deposition, and 

24 authorize staff members to do the same; and 


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1 (6) issue letters rogatory and requests, through 

2 appropriate channels, for any other means of inter3 national assistance. 

4 (c) AUTHORIZATION, ISSUANCE, AND ENFORCEMENT

5 OF SUBPOENAS.— 

6 (1) AUTHORIZATION AND ISSUANCE.—Sub7 poenas authorized and issued under this section— 

8 (A) may be done— 

9 (i) with the joint concurrence of the 

10 Chair and the Vice Chair of the Select 

11 Committee; or 

12 (ii) by a majority vote of the Com13 mittee; 

14 (B) shall bear the signature of the Chair 

15 or the Vice Chair or the designee of the Chair 

16 or the Vice Chair; and 

17 (C) shall be served by any person or class 

18 of persons designated by the Chair or the Vice 

19 Chair for that purpose anywhere within or with20 out the borders of the United States to the full 

21 extent provided by law. 

22 (2) ENFORCEMENT.—The Select Committee 

23 may make to the Senate by report or resolution any 

24 recommendation, including a recommendation for 


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1 criminal or civil enforcement, that the Select Com2 mittee considers appropriate with respect to— 

3 (A) the failure or refusal of any person to 

4 appear at a hearing or deposition or to produce 

5 or preserve documents or materials described in 

6 subsection (b)(4) in obedience to a subpoena or 

7 order of the Select Committee; 

8 (B) the failure or refusal of any person to 

9 answer questions truthfully and completely dur10 ing the person’s appearance as a witness at a 

11 hearing or deposition of the Select Committee; 

12 or 

13 (C) the failure or refusal of any person to 

14 comply with any subpoena or order issued 

15 under the authority of subsection (b). 

16 (d) AVOIDANCE OF DUPLICATION.— 

17 (1) IN GENERAL.—To expedite the investiga18 tion, avoid duplication, and promote efficiency under 

19 this resolution, the Select Committee shall seek to— 

20 (A) confer with other investigations into 

21 the matters set forth in section 2(a); and 

22 (B) access all information and materials 

23 acquired or developed in such other investiga24 tions. 


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1 (2) ACCESS TO INFORMATION AND MATE2 RIALS.—The Select Committee shall have, to the 

3 fullest extent permitted by law, access to any such 

4 information or materials obtained by any other gov5 ernmental department, agency, or body investigating 

6 the matters set forth in section 2(a). 

7 SEC. 6. REPORTS. 

8 (a) INITIAL REPORT.—The Select Committee shall 

9 submit to the Senate a report on the investigation con10 ducted pursuant to section 2 not later than five months 

11 after the appointment of all of the members of the Select 

12 Committee. 

13 (b) FINAL REPORT.—The Select Committee shall 

14 submit to the Senate a final report on such investigation 

15 not later than 10 months after the appointment of all of 

16 the members of the Select Committee. 

17 (c) ADDITIONAL REPORTS.—The Select Committee 

18 may submit to the Senate any additional report or reports 

19 that the Select Committee considers appropriate. 

20 (d) FINDINGS AND RECOMMENDATIONS.—The re21 ports under this section shall include findings and rec22 ommendations of the Select Committee regarding the mat23 ters considered under section 2. 

24 (e) DISPOSITION OF REPORTS.—All reports made by 

25 the Select Committee shall be submitted to the Secretary 


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1 of the Senate. All reports made by the Select Committee 

2 shall be referred to the committee or committees that have 

3 jurisdiction over the subject matter of the report. 

4 SEC. 7. ADMINISTRATIVE PROVISIONS. 

5 (a) STAFF.— 

6 (1) IN GENERAL.—The Select Committee may 

7 employ in accordance with paragraph (2) a staff 

8 composed of such clerical, investigatory, legal, tech9 nical, and other personnel as the Select Committee, 

10 or the Chair and the Vice Chair of the Select Com11 mittee, considers necessary or appropriate. 

12 (2) APPOINTMENT OF STAFF.—The staff of the 

13 Select Committee shall consist of such personnel as 

14 the Chair and the Vice Chair shall jointly appoint. 

15 Such staff may be removed jointly by the Chair and 

16 the Vice Chair, and shall work under the joint gen17 eral supervision and direction of the Chair and the 

18 Vice Chair. 

19 (b) COMPENSATION.—The Chair and the Vice Chair 

20 of the Select Committee shall jointly fix the compensation 

21 of all personnel of the staff of the Select Committee. 

22 (c) REIMBURSEMENT OF EXPENSES.—The Select 

23 Committee may reimburse the members of its staff for 

24 travel, subsistence, and other necessary expenses incurred 


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1 by such staff members in the performance of their func2 tions for the Select Committee. 

3 (d) SERVICES OF SENATE STAFF.—The Select Com4 mittee may use, with the prior consent of the chair of any 

5 other committee of the Senate or the chair of any sub6 committee of any committee of the Senate, the facilities 

7 of any other committee of the Senate, or the services of 

8 any members of the staff of such committee or sub9 committee, whenever the Select Committee or the Chair 

10 or the Vice Chair of the Select Committee considers that 

11 such action is necessary or appropriate to enable the Se12 lect Committee to carry out its responsibilities, duties, or 

13 functions under this resolution. 

14 (e) DETAIL OF EMPLOYEES.—The Select Committee 

15 may use on a reimbursable basis, with the prior consent 

16 of the head of the department or agency of Government 

17 concerned and the approval of the Committee on Rules 

18 and Administration of the Senate, the services of per19 sonnel of such department or agency. 

20 (f) TEMPORARY AND INTERMITTENT SERVICES.— 

21 The Select Committee may procure the temporary or 

22 intermittent services of individual consultants, or organi23 zations thereof. 

24 (g) PAYMENT OF EXPENSES.—There shall be paid 

25 out of the applicable accounts of the Senate such sums 


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1 as may be necessary for the expenses of the Select Com2 mittee. Such payments shall be made on vouchers signed 

3 by the Chair of the Select Committee and approved in the 

4 manner directed by the Committee on Rules and Adminis5 tration of the Senate. Amounts made available under this 

6 subsection shall be expended in accordance with regula7 tions prescribed by the Committee on Rules and Adminis8 tration of the Senate. 

9 SEC. 8. EFFECTIVE DATE; TERMINATION. 

10 (a) EFFECTIVE DATE.—This resolution shall take ef11 fect on the date of the adoption of this resolution. 

12 (b) TERMINATION.—The Select Committee shall ter13 minate two months after the submittal of the report re14 quired by section 6(b). 

Æ 


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