[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.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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