[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1837 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1837

  To establish a board of inquiry to review the activities of United 
States intelligence, law enforcement, and other agencies leading up to 
              the terrorist attacks of September 11, 2001.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 18, 2001

Mr. Torricelli (for himself, Mr. Grassley, Mr. Nelson of Nebraska, and 
  Mr. Harkin) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To establish a board of inquiry to review the activities of United 
States intelligence, law enforcement, and other agencies leading up to 
              the terrorist attacks of September 11, 2001.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ESTABLISHMENT OF BOARD OF INQUIRY.

    (a) Establishment.--There is hereby established the Board of 
Inquiry into the September 11, 2001, Terrorist Attacks (in this Act 
referred to as the ``Board'').
    (b) Membership.--
            (1) Composition.--The Board shall be composed of 12 members 
        of whom--
                    (A) four shall be appointed by the President;
                    (B) two shall be appointed by the Majority Leader 
                of the Senate, of whom--
                            (i) one shall be a Senator; and
                            (ii) one shall be from private life;
                    (C) two shall be appointed by the Minority Leader 
                of the Senate, of whom--
                            (i) one shall be a Senator; and
                            (ii) one shall be from private life;
                    (D) two shall be appointed by the Speaker of the 
                House of Representatives, of whom--
                            (i) one shall be a Member of the House of 
                        Representatives; and
                            (ii) one shall be from private life; and
                    (E) two shall be appointed by the Minority Leader 
                of the House of Representatives, of whom--
                            (i) one shall be a Member of the House of 
                        Representatives; and
                            (ii) one shall be from private life.
            (2) Qualifications of individuals appointed from private 
        life.--The members of the Board appointed from private life 
        under paragraph (1) shall be individuals who have demonstrated 
        ability and accomplishment in government, business, law, higher 
        education, or another appropriate profession and who have a 
        substantial background in national security matters.
            (3) Date.--The appointments of the members of the Board 
        shall be made not later than thirty days after the date of the 
        enactment of this Act.
    (c) Period of Appointment; Vacancies.--Members of the Board shall 
be appointed for the life of the Board. Any vacancy in the Board shall 
not affect its powers, but shall be filled in the same manner as the 
original appointment.
    (d) Chairman and Vice Chairman.--The Board shall select a Chairman 
and Vice Chairman from among its members.
    (e) Meetings.--
            (1) In general.--The Board shall meet at the call of the 
        Chairman.
            (2) Initial meeting.--Not later than fifteen days after the 
        date on which all members of the Board have been appointed, the 
        Board shall hold its first meeting.
    (f) Quorum.--A majority of the members of the Board shall 
constitute a quorum, but a lesser number of members may hold hearings, 
take testimony, or receive evidence.

SEC. 2. DUTIES OF BOARD.

    The Board shall conduct a thorough study of matters relating to the 
September 11, 2001, terrorist attacks on the World Trade Centers in New 
York and the Pentagon, and the hijackings which proceeded the attacks, 
to determine what systemic problems in the collection, analysis, or 
dissemination of intelligence, or other systemic problems in the 
intelligence, law enforcement, and other elements of the Federal 
Government with responsibility for intelligence-related matters or 
counter-terrorism, need to be corrected to prevent further terrorist 
attacks on the United States.

SEC. 3. REPORTS.

    (a) Initial Report on Plan for Work.--Not later than 30 days after 
the first meeting of the Board under section 1, the Board shall submit 
to Congress a report setting for a plan for the work of the Board under 
this Act.
    (b) Preliminary Report.--Not later than six months after the date 
of the first meeting of the Board, the Board shall submit to Congress a 
report on the work of the Board under this Act as of the date of such 
report, together with any preliminary findings of the Board as of the 
date of such report.
    (c) Final Report.--Not later than one year after the first meeting 
of the Board, the Board shall submit to Congress a final report on the 
work of the Board under this Act. The report shall contain a detailed 
statement of the findings and conclusions of the Board, together with 
its recommendations for such legislation and administrative actions as 
it considers appropriate.
    (d) Form of Reports.--Each report under this section shall be 
submitted in unclassified form, but may include a classified annex.

SEC. 4. POWERS OF BOARD.

    (a) Hearings.--The Board or, at its direction, any subcommittee or 
member of the Board may, for the purpose of carrying out this Act--
            (1) hold such hearings, sit and act at such times and 
        places, take such testimony, receive such evidence, administer 
        such oaths; and
            (2) require, by subpoena or otherwise, the attendance and 
        testimony of such witnesses and the production of such books, 
        records, correspondence, memoranda, papers, documents, tapes, 
        and materials as the Board or such subcommittee or member 
        considers advisable.
    (b) Issuance and Enforcement of Subpoenas.--
            (1) Issuance.--Subpoenas under subsection (a) shall be 
        issued in accordance with such procedures as the Board shall 
        establish, shall bear the signature of the Chairman of the 
        Board, and shall be served by any person or class of persons 
        designated by the Chairman for that purpose.
            (2) Enforcement.--In the case of contumacy or failure to 
        obey a subpoena issued under subsection (a), the United States 
        district court for the judicial district in which the 
        subpoenaed person resides, is served, or may be found may issue 
        an order requiring such person to appear at any designated 
        place to testify or to produce documentary or other evidence. 
        Any failure to obey the order of the court may be punished by 
        the court as a contempt that court.
    (c) Witness Allowances and Fees.--Section 1821 of title 28, United 
States Code, shall apply to witnesses requested or subpoenaed to appear 
at any hearing of the Board. The per diem and mileage allowances for 
witnesses shall be paid from funds available to pay the expenses of the 
Board.
    (d) Information From Federal Agencies.--The Board may secure 
directly from any Federal department or agency such information as the 
Board considers necessary to carry out this Act. Upon request of the 
Chairman of the Board, the head of such department or agency shall 
furnish such information to the Board.
    (e) Postal Services.--The Board may use the United States mails in 
the same manner and under the same conditions as other departments and 
agencies of the Federal Government.
    (f) Gifts.--The Board may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 5. PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Board who is not 
an officer or employee of the Federal Government shall be compensated 
at a rate equal to the daily equivalent of the annual rate of basic pay 
prescribed for level IV of the Executive Schedule under section 5315 of 
title 5, United States Code, for each day (including travel time) 
during which such member is engaged in the performance of the duties of 
the Board. All members of the Board who are officers or employees of 
the United States shall serve without compensation in addition to that 
received for their services as officers or employees of the United 
States.
    (b) Travel Expenses.--The members of the Board shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Board.
    (c) Staff.--
            (1) In general.--The Chairman of the Board may, without 
        regard to the civil service laws and regulations, appoint and 
        terminate an executive director and such other additional 
        personnel as may be necessary to enable the Board to perform 
        its duties. The employment of an executive director shall be 
        subject to confirmation by the Board.
            (2) Compensation.--The Chairman of the Board may fix the 
        compensation of the executive director and other personnel 
        without regard to chapter 51 and subchapter III of chapter 53 
        of title 5, United States Code, relating to classification of 
        positions and General Schedule pay rates, except that the rate 
        of pay for the executive director and other personnel may not 
        exceed the rate payable for level V of the Executive Schedule 
        under section 5316 of such title.
    (d) Security Clearances.--
            (1) Requirement for access to classified information.--
        Members and staff of the Board may not have access to 
        classified information unless such individuals possess a 
security clearance appropriate for access to such information.
            (2) Expedited investigations.--The Attorney General shall 
        take appropriate actions to ensure that the investigation 
        required to issue a security clearance appropriate for the work 
        of the Board to any member of the Board appointed from private 
        life who does not possess such security clearance is completed 
        not later than 60 days after the date of the appointment of 
        such member to the Board.
    (e) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Board without reimbursement, and such 
detail shall be without interruption or loss of civil service status or 
privilege.
    (f) Procurement of Temporary and Intermittent Services.--The 
Chairman of the Board may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code, at rates for 
individuals which do not exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of such title.

SEC. 6. APPLICABILITY OF CERTAIN ADMINISTRATIVE LAWS.

    (a) Laws Relating to Classified Information.--All laws, executive 
orders, regulations, and other rules governing the protection of 
classified information, including laws, executive orders, regulations, 
and other rules prohibiting the unauthorized release of classified 
information, shall apply to the members and staff of the Board with 
respect to any information obtained, examined, or otherwise reviewed by 
the Board under this Act.
    (b) FACA.--The provisions of the Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the activities of the Board under this 
Act.
    (c) Records Laws.--
            (1) FOIA.--Subject to paragraph (2), the provisions of 
        section 552 of title 5, United States Code (commonly referred 
        to as the ``Freedom of Information Act''), shall not apply to 
        the activities of the Board under this Act.
            (2) Limitation.--Upon transfer to the National Archives and 
        Records Administration, any records, documents, or other papers 
        of the Board shall be subject to the provisions of section 552 
        of title 5, United States Code.
            (3) Federal records act.--The provisions of title 44, 
        United States Code, shall apply to the records, documents, and 
        other papers of the Board under this Act.

SEC. 7. TERMINATION OF BOARD.

    The Board shall terminate 30 days after the date on which the Board 
submits its final report under section 3(c).

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated $1,500,000 
for fiscal year 2002 to the Board to carry out this Act.
    (b) Availability.--Any sums appropriated under the authorization of 
appropriations in subsection (a) shall remain available, without fiscal 
year limitation, until expended.
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