United States Commission on an Open Society with Security Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 770 To establish the United States Commission on an Open Society with Security. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 3, 2021 Ms. NORTON introduced the following bill; which was referred to the Com- mittee on Transportation and Infrastructure, and in addition to the Com- mittee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the United States Commission on an Open Society with Security. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘United States Commis- 4 sion on an Open Society with Security Act of 2021’’. 5 SEC. 2. FINDINGS. 6 Congress finds that— 7 (1) an open society which affords free access to 8 public facilities and spaces and which protects the 9 VerDate Sep 11 2014 17:27 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H770.IH H770 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 770 IH right to engage in open discussion is an essential 1 premise of American governmental institutions and 2 democratic values; 3 (2) the United States is currently facing a chal- 4 lenge to the safety and security of the public, public 5 employees, and public facilities and spaces that is 6 unique in the history of this Nation; 7 (3) to meet this challenge without eroding or 8 harming any of the basic tenets of the Republic and 9 of our democracy, this Nation needs to assemble the 10 best thinking available; and 11 (4) a commission of experts from a broad base 12 of disciplines and backgrounds is necessary to exam- 13 ine all the factors that should be considered in se- 14 curing public safety from terrorist attacks while 15 maintaining the highest level of free and open access 16 to the public. 17 SEC. 3. ESTABLISHMENT OF COMMISSION. 18 (a) ESTABLISHMENT.—There is established a com- 19 mission to be known as the ‘‘United States Commission 20 on an Open Society with Security’’ (in this Act referred 21 to as the ‘‘Commission’’). 22 (b) COMPOSITION.—The Commission shall be com- 23 posed of 21 members appointed in accordance with sub- 24 section (d)(1) from among individuals representing such 25 VerDate Sep 11 2014 17:27 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H770.IH H770 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 770 IH fields or groups as the following: architecture, technology, 1 civil libertarians, humanists, members of the Armed 2 Forces, Federal Government employees, city planners, 3 business leaders, lawyers, artists, public building security, 4 engineers, philosophers, historians, sociologists, and psy- 5 chologists. The President shall designate one of those 6 members to be the Chairperson of the Commission. 7 (c) TERMS; QUORUM; MEETINGS; VACANCIES.— 8 Members shall be appointed for the life of the Commission. 9 Nine members of the Commission shall constitute a 10 quorum, but a lesser number may hold hearings. After its 11 initial meeting, the Commission shall meet at the call of 12 the Chairperson of the Commission or a majority of its 13 members. Any vacancy in the Commission shall not affect 14 its powers and shall be filled in the same manner as the 15 original appointment. 16 (d) APPOINTMENTS; INITIAL MEETING.— 17 (1) APPOINTMENTS.—Appointments to the 18 Commission shall be made as follows: 19 (A) Nine members appointed by the Presi- 20 dent. 21 (B) Three members appointed by the 22 Speaker of the House of Representatives. 23 (C) Three members appointed by the mi- 24 nority leader of the House of Representatives. 25 VerDate Sep 11 2014 17:27 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H770.IH H770 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 770 IH (D) Three members appointed by the ma- 1 jority leader of the Senate. 2 (E) Three members appointed by the mi- 3 nority leader of the Senate. 4 (2) INITIAL MEETING.—If, after 90 days fol- 5 lowing the date of enactment of this Act, 9 or more 6 members of the Commission have been appointed, 7 the members who have been appointed may meet, 8 and the Chairperson shall have the authority to 9 begin the operations of the Commission, including 10 the hiring of staff. 11 SEC. 4. FUNCTIONS OF COMMISSION. 12 (a) IN GENERAL.—The Commission shall study and 13 make findings and recommendations relating to the ques- 14 tion of how the Government of the United States may pro- 15 vide, in a balanced manner, for both security in and public 16 access to Federal buildings and other Federal property 17 and sites. 18 (b) MATTERS TO BE EXAMINED.—In carrying out 19 this Act, the Commission shall specifically examine mat- 20 ters that relate to the security of, and open access to, pub- 21 lic facilities and spaces, including— 22 (1) Federal, other governmental, and private se- 23 curity practices and proposals, building design, pub- 24 VerDate Sep 11 2014 17:27 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H770.IH H770 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 770 IH lic space management, counterterrorism needs, and 1 refurbishment of existing Federal facilities; 2 (2) the effect of access to public facilities and 3 spaces on— 4 (A) maintenance of security and safety; 5 (B) free speech, the right to petition the 6 Government, and other constitutional rights 7 and civil liberties; 8 (C) economies of affected jurisdictions or 9 parts thereof; 10 (D) physical changes and architectural aes- 11 thetics of affected areas; 12 (E) traffic and congestion; and 13 (F) job performance of employees within 14 the affected facilities; 15 (3) current and potential uses of technology to 16 augment or replace traditional modes of security; 17 (4) practices of and comparisons with other en- 18 tities and nations; and 19 (5) current and potential analytical methods of 20 assessing the risks posed by the various forms of 21 terrorism, balanced against the specific needs and 22 values of open access. 23 (c) COORDINATION OF ACTIVITIES.—The Commis- 24 sion shall take appropriate measures to avoid unnecessary 25 VerDate Sep 11 2014 17:27 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H770.IH H770 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 770 IH duplication of efforts previously or currently being under- 1 taken by any other person or entity. 2 SEC. 5. POWERS OF COMMISSION. 3 (a) IN GENERAL.—The Commission or, on the au- 4 thorization of the Commission, any member or agent of 5 the Commission may hold such hearings, sit and act at 6 such times and places, take such testimony, and receive 7 such evidence as the Commission considers appropriate to 8 carry out this Act. 9 (b) OBTAINING OFFICIAL INFORMATION.—The Com- 10 mission may secure directly from any department, agency, 11 or other entity of the United States information necessary 12 to enable it to carry out this Act. Upon request of the 13 Chairperson of the Commission, the head of such govern- 14 mental entity shall furnish, to the extent authorized by 15 law, such information to the Commission. 16 (c) SECURITY.— 17 (1) SECURITY CLEARANCES.—The members 18 and staff of the Commission shall hold, as a condi- 19 tion of appointment to or employment with the Com- 20 mission, appropriate security clearances for access to 21 the classified briefing, records, and materials to be 22 reviewed by the Commission or its staff and shall 23 follow the guidance and practices on security under 24 applicable Executive orders and agency directives. 25 VerDate Sep 11 2014 17:27 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H770.IH H770 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 770 IH (2) CONDITIONS TO GRANTING ACCESS.—The 1 head of an agency shall require, as a condition of 2 granting access to a member of the Commission or 3 a member of the staff of the Commission to classi- 4 fied records or materials of the agency under this 5 Act, require the member to— 6 (A) execute an agreement regarding the se- 7 curity of such records or materials that is ap- 8 proved by the head of the agency; and 9 (B) hold an appropriate security clearance 10 granted or recognized under the standard pro- 11 cedures and eligibility criteria of the agency, in- 12 cluding any special access approval required for 13 access to such records or materials. 14 (3) RESTRICTION ON USE.—The members of 15 the Commission and the members of the staff of the 16 Commission may not use any information acquired 17 in the course of their official activities on the Com- 18 mission for nonofficial purposes. 19 (4) NEED TO KNOW.—For purposes of any law 20 or regulation governing access to classified informa- 21 tion that pertains to the national security of the 22 United States and to facilitate the advisory func- 23 tions of the Commission under this Act, a member 24 of the Commission or a member of the staff of the 25 VerDate Sep 11 2014 17:27 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H770.IH H770 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 770 IH Commission seeking access to a record or material 1 under this Act shall be deemed for purposes of this 2 subsection to have a need to know the contents of 3 the record or material. 4 (5) RULE OF CONSTRUCTION.—A reference in 5 this subsection to the ‘‘staff of the Commission’’ in- 6 cludes individuals described in sections 6(d) and 7 6(e). 8 (d) MAILS.—The Commission may use the United 9 States mails in the same manner and under the same con- 10 ditions as other departments and agencies of the United 11 States. 12 (e) GIFTS.—The Commission may accept, use, and 13 dispose of gifts or donations of services or property. 14 (f) ADMINISTRATIVE SUPPORT SERVICES.—The Ad- 15 ministrator of General Services shall provide to the Com- 16 mission, on a reimbursable basis, such administrative sup- 17 port services as the Commission may request. 18 SEC. 6. PERSONNEL MATTERS. 19 (a) COMPENSATION OF MEMBERS.—Members of the 20 Commission shall not be compensated by reason of their 21 service on the Commission. 22 (b) TRAVEL EXPENSES.—The members of the Com- 23 mission shall be allowed travel expenses, including per 24 diem in lieu of subsistence, at rates authorized for employ- 25 VerDate Sep 11 2014 17:27 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H770.IH H770 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 770 IH ees of agencies under subchapter I of chapter 57 of title 1 5, United States Code, while away from their homes or 2 regular places of business in the performance of services 3 for the Commission. 4 (c) STAFF.—Subject to such rules as the Commission 5 may prescribe, the Chairperson of the Commission, with- 6 out regard to the provisions of title 5, United States Code, 7 governing appointments in the competitive service, and 8 without regard to the provisions of chapter 51 and sub- 9 chapter III of chapter 53 of such title (relating to classi- 10 fication and General Schedule pay rates), may appoint and 11 fix the pay of a staff director and such other personnel 12 as may be necessary to enable the Commission to carry 13 out its functions; except that no rate of pay fixed under 14 this subsection may exceed the maximum rate of basic pay 15 payable for GS–15 of the General Schedule. 16 (d) STAFF OF FEDERAL AGENCIES.—Upon request 17 of the Chairperson of the Commission, the head of any 18 department or agency of the United States may detail, on 19 a nonreimbursable basis, any of the personnel of that de- 20 partment or agency to the Commission to assist it in car- 21 rying out its functions under this Act. 22 (e) EXPERTS AND CONSULTANTS.—With the ap- 23 proval of the Commission, the Chairperson of the Commis- 24 sion may procure temporary and intermittent services 25 VerDate Sep 11 2014 17:27 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H770.IH H770 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 770 IH under section 3109(b) of title 5, United States Code, at 1 rates for individuals not to exceed the daily equivalent of 2 the maximum rate of basic pay payable for GS–15 of the 3 General Schedule. 4 SEC. 7. REPORT. 5 (a) SUBMISSION TO THE PRESIDENT.—The Commis- 6 sion shall transmit its final report to the President not 7 later than 2 years after the initial meeting of the Commis- 8 sion. Such report shall contain a detailed statement of the 9 findings and conclusions of the Commission, together with 10 its recommendations for such legislative, administrative, 11 or other action as the Commission considers appropriate. 12 (b) SUBMISSION TO THE CONGRESS.—Not later than 13 6 months after receiving the final report of the Commis- 14 sion under subsection (a), the President shall transmit 15 such report to Congress, together with any comments or 16 recommendations (including any proposed legislation) 17 which the President considers appropriate. 18 SEC. 8. TERMINATION OF COMMISSION. 19 The Commission shall terminate on the 90th day 20 after the date on which the Commission is required to sub- 21 mit its final report under section 7(a). 22 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 23 There are authorized to be appropriated to carry out 24 this Act— 25 VerDate Sep 11 2014 17:27 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H770.IH H770 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 770 IH (1) $5,000,000 for fiscal year 2022; and 1 (2) $5,000,000 for fiscal year 2023. 2 Æ VerDate Sep 11 2014 17:27 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H770.IH H770 pamtmann on DSKBC07HB2PROD with BILLS