September 11 Transparency Act of 2021
Bill: S.2654 | Sponsor: Sen. Menendez, Robert (D-NJ)
Policy area: Armed Forces and National Security

Summary:
September 11 Transparency Act of 2021
This bill requires declassification reviews of certain documents related to investigations into the terrorist attacks on September 11, 2001.
The Office of the Director of National Intelligence, the Department of Justice, and the Central Intelligence Agency must complete reviews of certain documents by deadlines specified in the 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``September 11 Transparency Act of 
2021''.

SEC. 2. DECLASSIFICATION REVIEW OF CERTAIN INVESTIGATION DOCUMENTS 
              CONCERNING FOREIGN SUPPORT FOR TERRORIST ATTACKS OF 
              SEPTEMBER 11, 2001.

    (a) Declassification Reviews, Publication, and Report.--The 
Director of National Intelligence, the Attorney General, and the 
Director of the Central Intelligence Agency shall--
            (1) in accordance with subsection (b), complete 
        declassification reviews--
                    (A) not later than 90 days after the date of the 
                enactment of this Act, of--
                            (i) the subfile investigation described in 
                        chapter V of the 2015 Final Report of the 
                        Congressionally-directed 9/11 Review 
                        Commission;
                            (ii) any subfile or separate investigation 
                        of any subject of the subfile investigation 
                        described in clause (i);
                            (iii) any counterintelligence investigation 
                        involving any subject of the subfile 
                        investigation described in clause (i); and
                            (iv) any PENTTBOM records referring or 
                        relating to any subject of the subfile 
                        investigation described in clause (i); and
                    (B) not later than 20 days after the date of the 
                enactment of this Act, of the April 2016 Review Report 
                concerning the subfile investigation described in 
                subparagraph (A)(i);
            (2) not later than 20 days after the date of the enactment 
        of this Act, make available to the public any information 
        declassified as a result of a declassification review completed 
        under paragraph (1)(B); and
            (3) not later than 90 days after the date of the enactment 
        of this Act--
                    (A) make available to the public any information 
                declassified as a result of the declassification 
                reviews completed under paragraph (1)(A); and
                    (B) submit to the congressional intelligence 
                committees (as defined in section 3 of the National 
                Security Act of 1947 (50 U.S.C. 3003)) a report on the 
                results of the declassification reviews completed under 
                paragraph (1), including a justification for each 
                decision not to declassify a document, record, or 
                information pursuant to such reviews.
    (b) Review Procedures.--
            (1) Oversight and responsibility.--The declassification 
        reviews required by subsection (a)(1) shall be overseen by the 
        Director of National Intelligence, who shall ensure that 
        documents and information are declassified to the fullest 
        extent possible under applicable provisions of law, except 
        that--
                    (A) the Attorney General shall have primary 
                responsibility for conducting the declassification 
                reviews required by subsection (a)(1) with respect to 
                documents and information that originated with the 
                Department of Justice;
                    (B) the Director of the Central Intelligence Agency 
                shall have primary responsibility for conducting the 
                declassification reviews required by such subsection 
                with respect to documents and information that 
                originated with the Central Intelligence Agency; and
                    (C) the Director of National Intelligence shall 
                have primary responsibility for conducting the 
                declassification reviews required by such subsection 
                with respect to all other documents and information not 
                described in subparagraph (A) or (B).
            (2) Additional requirements.--Upon the completion of the 
        declassification reviews under subsection (a)(1), the Director 
        of National Intelligence, the Attorney General, and the 
        Director of the Central Intelligence Agency shall each ensure 
        that, with respect to each review under their respective 
        primary responsibility under paragraph (1) of this subsection 
        and as to all documents and information subject to such reviews 
        but not declassified pursuant to such reviews--
                    (A) such documents and information meet the 
                requirements for classification;
                    (B) all nonclassified information is disentangled 
                and, to the extent practicable, made available to the 
                public; and
                    (C) all documents and information are nonetheless 
                declassified, in accordance with section 3.1 of 
                Executive Order 13526 (50 U.S.C. 3161 note; relating to 
                classified national security information), or successor 
                order, when the Director of National Intelligence, the 
                Attorney General, or the Director of the Central 
                Intelligence Agency, as the case may be, determines 
                that the Federal Government's interest in 
                classification is outweighed by the public interest in 
                disclosure.
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