II 

117TH CONGRESS 

1ST SESSION S. 2654 

To require a declassification review of certain investigation documents concerning foreign support for the terrorist attacks of September 11, 2001, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 5, 2021 

Mr. MENENDEZ (for himself, Mr. SCHUMER, Mr. CORNYN, Mr. BLUMENTHAL, 

Mr. GRASSLEY, Mrs. GILLIBRAND, Mr. BOOKER, and Mr. MURPHY) introduced the following bill; which was read twice and referred to the Select Committee on Intelligence 

A BILL 

To require a declassification review of certain investigation 

documents concerning foreign support for the terrorist 

attacks of September 11, 2001, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘September 11 Trans5 parency Act of 2021’’. 


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1 SEC. 2. DECLASSIFICATION REVIEW OF CERTAIN INVES2 TIGATION DOCUMENTS CONCERNING FOR3 EIGN SUPPORT FOR TERRORIST ATTACKS OF 

4 SEPTEMBER 11, 2001. 

5 (a) DECLASSIFICATION REVIEWS, PUBLICATION, AND

6 REPORT.—The Director of National Intelligence, the At7 torney General, and the Director of the Central Intel8 ligence Agency shall— 

9 (1) in accordance with subsection (b), complete 

10 declassification reviews— 

11 (A) not later than 90 days after the date 

12 of the enactment of this Act, of— 

13 (i) the subfile investigation described 

14 in chapter V of the 2015 Final Report of 

15 the Congressionally-directed 9/11 Review 

16 Commission; 

17 (ii) any subfile or separate investiga18 tion of any subject of the subfile investiga19 tion described in clause (i); 

20 (iii) any counterintelligence investiga21 tion involving any subject of the subfile in22 vestigation described in clause (i); and 

23 (iv) any PENTTBOM records refer24 ring or relating to any subject of the 

25 subfile investigation described in clause (i); 

26 and 


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1 (B) not later than 20 days after the date 

2 of the enactment of this Act, of the April 2016 

3 Review Report concerning the subfile investiga4 tion described in subparagraph (A)(i); 

5 (2) not later than 20 days after the date of the 

6 enactment of this Act, make available to the public 

7 any information declassified as a result of a declas8 sification review completed under paragraph (1)(B); 

9 and 

10 (3) not later than 90 days after the date of the 

11 enactment of this Act— 

12 (A) make available to the public any infor13 mation declassified as a result of the declas14 sification reviews completed under paragraph 

15 (1)(A); and 

16 (B) submit to the congressional intelligence 

17 committees (as defined in section 3 of the Na18 tional Security Act of 1947 (50 U.S.C. 3003)) 

19 a report on the results of the declassification re20 views completed under paragraph (1), including 

21 a justification for each decision not to declassify 

22 a document, record, or information pursuant to 

23 such reviews. 

24 (b) REVIEW PROCEDURES.— 


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1 (1) OVERSIGHT AND RESPONSIBILITY.—The de2 classification reviews required by subsection (a)(1) 

3 shall be overseen by the Director of National Intel4 ligence, who shall ensure that documents and infor5 mation are declassified to the fullest extent possible 

6 under applicable provisions of law, except that— 

7 (A) the Attorney General shall have pri8 mary responsibility for conducting the declas9 sification reviews required by subsection (a)(1) 

10 with respect to documents and information that 

11 originated with the Department of Justice; 

12 (B) the Director of the Central Intelligence 

13 Agency shall have primary responsibility for 

14 conducting the declassification reviews required 

15 by such subsection with respect to documents 

16 and information that originated with the Cen17 tral Intelligence Agency; and 

18 (C) the Director of National Intelligence 

19 shall have primary responsibility for conducting 

20 the declassification reviews required by such 

21 subsection with respect to all other documents 

22 and information not described in subparagraph 

23 (A) or (B). 

24 (2) ADDITIONAL REQUIREMENTS.—Upon the 

25 completion of the declassification reviews under subVerDate Sep 11 2014 16:59 Aug 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2654.IS S2654

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1 section (a)(1), the Director of National Intelligence, 

2 the Attorney General, and the Director of the Cen3 tral Intelligence Agency shall each ensure that, with 

4 respect to each review under their respective primary 

5 responsibility under paragraph (1) of this subsection 

6 and as to all documents and information subject to 

7 such reviews but not declassified pursuant to such 

8 reviews— 

9 (A) such documents and information meet 

10 the requirements for classification; 

11 (B) all nonclassified information is dis12 entangled and, to the extent practicable, made 

13 available to the public; and 

14 (C) all documents and information are 

15 nonetheless declassified, in accordance with sec16 tion 3.1 of Executive Order 13526 (50 U.S.C. 

17 3161 note; relating to classified national secu18 rity information), or successor order, when the 

19 Director of National Intelligence, the Attorney 

20 General, or the Director of the Central Intel21 ligence Agency, as the case may be, determines 

22 that the Federal Government’s interest in clas23 sification is outweighed by the public interest in 

24 disclosure. 

Æ 


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