article: 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.
summary: Establishes the Board of Inquiry into the September 11, 2001, Terrorist Attacks. Directs the Board to study matters relating to the attacks on the World Trade Centers in New York and the Pentagon and the hijackings which preceded the attacks to determine what systemic problems in the collection, analysis, or dissemination of intelligence or in the intelligence, law enforcement, and other elements of the Government with responsibility for intelligence-related matters or counter-terrorism need to be corrected to prevent further attacks.