National Commission on U.S. Counterterrorism Policy Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7028 To establish a national commission on United States counterterrorism policy, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 27, 2020 Mr. ENGEL (for himself, Mr. THOMPSON of Mississippi, Mr. DEUTCH, and Mr. ROSE of New York) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To establish a national commission on United States counterterrorism policy, and for other purposes. 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 ‘‘National Commission 4 on U.S. Counterterrorism Policy Act of 2020’’. 5 SEC. 2. NATIONAL COMMISSION ON U.S. COUNTERTER- 6 RORISM POLICY. 7 (a) ESTABLISHMENT.—There is established an inde- 8 pendent commission within the legislative branch to be 9 known as the ‘‘National Commission on U.S. Counterter- 10 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7028.IH H7028 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7028 IH rorism Policy’’ (in this section referred to as the ‘‘Commis- 1 sion’’). 2 (b) PURPOSE.—The Commission shall— 3 (1) review United States counterterrorism ob- 4 jectives, priorities, capabilities, policies, programs, 5 and activities; and 6 (2) assess how to adapt and prioritize such poli- 7 cies, programs, and activities to ensure they employ 8 an appropriate mix of available instruments of na- 9 tional power, comply with the rule of law and respect 10 for civil rights, civil liberties, and human rights, ap- 11 propriately focus on existing and emerging terrorism 12 risks, and are appropriately balanced relative to the 13 pursuit of other United States interests in an era 14 when the United States faces a diverse range of 15 threats from domestic and international terrorism, a 16 dynamic number of political, economic, and military 17 competitions around the world, and challenges at 18 home. 19 (c) STUDY AREAS.—In carrying out subsection (b), 20 the Commission shall study the following: 21 (1) The evolution of threats to the United 22 States since September 11, 2001, from international 23 and domestic terrorism, including an assessment of 24 potential connections between such threats, and the 25 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7028.IH H7028 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7028 IH risks such threats pose relative to other threats to 1 the United States and United States national inter- 2 ests. 3 (2) Major lessons learned from United States 4 counterterrorism objectives, priorities, capabilities, 5 policies, programs, and activities since September 6 11, 2001, and the relevance of such lessons for on- 7 going and future counterterrorism objectives, prior- 8 ities, policies, programs, and activities. 9 (3) Ongoing United States counterterrorism ob- 10 jectives, priorities, capabilities, policies, programs, 11 and activities, including an assessment of the fol- 12 lowing: 13 (A) Any tradeoffs that exist between them. 14 (B) Their integration, programatically and 15 organizationally, into wider United States for- 16 eign and domestic policy. 17 (C) The instruments used to advance 18 counterterrorism objectives and identification of 19 new or modified instruments, if appropriate. 20 (D) Any impacts on civil rights and civil 21 liberties in the United States and internation- 22 ally recognized human rights abroad. 23 (E) Any impacts on the counterterrorism 24 policies of partner countries. 25 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7028.IH H7028 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7028 IH (F) Congressional oversight of such objec- 1 tives, priorities, capabilities, policies, programs, 2 and activities. 3 (4) The legal and policy frameworks for 4 counterterrorism programs and activities in the 5 United States and abroad, including adherence to 6 such frameworks. 7 (5) The tradeoffs the United States may face as 8 it seeks to balance counterterrorism objectives and 9 priorities with a growing number of political, eco- 10 nomic, and military competitions around the world 11 and challenges at home, and how to mitigate any 12 risks such tradeoffs might pose. 13 (6) Potential new or emerging challenges of 14 conducting counterterrorism operations in contested 15 environments, where strategic state competitors such 16 as Russia, China, or Iran operate. 17 (7) The state of United States counterterrorism 18 partnerships, including the willingness, capacity, and 19 capability of United States counterterrorism part- 20 ners to combat shared threats. 21 (8) The policies and operations of private enti- 22 ties, including the defense industry and technology 23 and media entities, that have implications for domes- 24 tic terrorism and international terrorism, including 25 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7028.IH H7028 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7028 IH implications of involvement of private entities in 1 United States counterterrorism policies, programs, 2 and activities. 3 (9) The effects of United States counterter- 4 rorism objectives, priorities, capabilities, policies, 5 programs, and activities on threats from domestic 6 terrorism and international terrorism. 7 (10) Ongoing efforts by the executive branch to 8 measure the effectiveness of counterterrorism poli- 9 cies, programs, and activities through net assess- 10 ments and evaluations of lessons learned, including 11 an assessment of efforts to address factors that con- 12 tribute to terrorist recruitment and radicalization. 13 (11) Recommendations on how best to adapt 14 United States counterterrorism objectives, priorities, 15 capabilities, policies, programs, and activities to ad- 16 dress existing and emerging terrorism risks on the 17 basis of the areas of study specified in this sub- 18 section and any other findings the Commission de- 19 termines relevant. 20 (d) COMPOSITION.— 21 (1) MEMBERS.—The Commission shall be com- 22 posed of 12 commissioners, to be appointed as fol- 23 lows: 24 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7028.IH H7028 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7028 IH (A) One commissioner appointed by the 1 chair, with the concurrence of the ranking 2 member, of each of the appropriate congres- 3 sional committees. 4 (B) A chairperson, appointed by the 5 Speaker of the House of Representatives, with 6 the concurrence of the minority leader of the 7 House of Representatives. 8 (C) A vice-chairperson, appointed by the 9 majority leader of the Senate, with the concur- 10 rence of the minority leader of the Senate. 11 (2) QUALIFICATIONS.—Individuals appointed to 12 the Commission shall be United States persons with 13 relevant counterterrorism experience in diplomacy, 14 law enforcement, the Armed Forces, law, public ad- 15 ministration, intelligence, academia, human rights, 16 civil rights, or civil liberties. The appointment of in- 17 dividuals to the Commission shall, to the extent pos- 18 sible, be coordinated among nominations to ensure 19 Commission membership represents a variety of ex- 20 pertise in such fields. At least one of the commis- 21 sioners shall possess a civil rights or civil liberties 22 background, and one commissioner shall possess an 23 international human rights background. 24 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7028.IH H7028 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7028 IH (3) PROHIBITIONS.—An individual appointed to 1 the Commission may not be— 2 (A) a Member of Congress, including a 3 Delegate or Resident Commissioner, an em- 4 ployee or official of any other branch of the 5 Federal Government, or an employee or official 6 of any State, territory, county, or municipality 7 in the United States; or 8 (B) a registered lobbyist. 9 (4) CONFLICTS OF INTEREST.—An individual 10 appointed to the Commission shall disclose any fi- 11 nancial gains from private sector employment con- 12 ducted in support of United States counterterrorism 13 policies, programs, or activities at any time since the 14 September 11 attacks. 15 (5) DEADLINE FOR APPOINTMENT OF COMMIS- 16 SIONERS.—Individuals appointed to the Commission 17 shall be appointed not later than 30 days after the 18 date of the enactment of this Act. 19 (6) PERIOD OF APPOINTMENT.—Each commis- 20 sioner and the chairperson and vice-chairperson shall 21 be appointed for the life of the Commission. 22 (7) VACANCIES.—Any vacancy in the Commis- 23 sion shall not affect its powers and duties and shall 24 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7028.IH H7028 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7028 IH be filled in the same manner as the original appoint- 1 ment within 30 days of such vacancy occurring. 2 (8) COMPENSATION.—Commissioners and the 3 chairperson and vice-chairperson shall serve without 4 pay. 5 (9) TRAVEL EXPENSES.—Commissioners and 6 the chairperson and vice-chairperson shall receive 7 travel expenses, including per diem in lieu of subsist- 8 ence, in accordance with sections 5702 and 5703 of 9 title 5, United States Code, while away from their 10 homes or regular places of business in performance 11 of services for the Commission. 12 (e) MEETINGS.— 13 (1) INITIAL MEETING.—Not later than 30 days 14 after the appointment of two-thirds of the members 15 of the Commission, including the chairperson or 16 vice-chairperson, the Commission shall hold an ini- 17 tial meeting to develop and implement a schedule for 18 completion of the review and report required under 19 paragraph. 20 (2) SUBSEQUENT MEETINGS.—The Commission 21 shall meet at the call of the chairperson or a major- 22 ity of commissioners. 23 VerDate Sep 11 2014 21:29 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7028.IH H7028 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 7028 IH (3) QUORUM.—Eight members shall constitute 1 a quorum and members shall have the option to vote 2 by proxy. 3 (f) CONSULTATION.—In conducting the review, as- 4 sessment, and study required under this section, the Com- 5 mission shall consult with relevant experts in the Federal 6 Government, academia, law, civil society, and the private 7 sector. 8 (g) POWERS OF THE COMMISSION.— 9 (1) HEARINGS AND EVIDENCE.—For the pur- 10 poses of carrying out this section, the Commission 11 may— 12 (A) hold classified or unclassified hearings, 13 take testimony, receive evidence, and administer 14 oaths; and 15 (B) require, by subpoena authorized by 16 majority vote of the Commission and issued 17 under the signature of the chairperson or any 18 member designated by a majority of the Com- 19 mission, the attendance and testimony of such 20 witnesses and the production of such books, 21 records, correspondence, memoranda, papers, 22 and documents, as the Commission may deter- 23 mine advisable. 24 (2) SUBPOENA ENFORCEMENT.— 25 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7028.IH H7028 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 7028 IH (A) IN GENERAL.—In the case of contu- 1 macy or failure to obey a subpoena issued 2 under subsection (c), the United States district 3 court for the judicial district in which the sub- 4 poenaed person resides, is served, or may be 5 found, or where the subpoena is returnable, 6 may issue an order requiring such person to ap- 7 pear at any designated place to testify or to 8 produce documentary or other evidence. Any 9 failure to obey the order of the court may be 10 punished by the court as a contempt of that 11 court. 12 (B) ADDITIONAL ENFORCEMENT.—In the 13 case of any failure of any witness to comply 14 with any subpoena or to testify when sum- 15 moned under authority of this section, the Com- 16 mission may, by majority vote, certify a state- 17 ment of fact constituting such failure to the ap- 18 propriate United States attorney, who may 19 bring the matter before the grand jury for its 20 action, under the same statutory authority and 21 procedures as if the United States attorney had 22 received a certification under sections 102 23 through 104 of the Revised Statutes of the 24 United States (2 U.S.C. 192 through 194). 25 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7028.IH H7028 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 7028 IH (3) LIMITATIONS ON SUBPOENA AUTHORITY.— 1 With respect to the subpoena authority under para- 2 graph (1)(B), the Commission— 3 (A) may only issue a subpoena to a mem- 4 ber of Federal, State, local, Tribal, or territorial 5 government; 6 (B) may reference unclassified documents 7 and information obtained through a subpoena 8 when conducting interviews to further the Com- 9 mission’s objectives and may include such docu- 10 ments and information in the final report, but 11 may not otherwise share, disclose, publish, or 12 transmit in any way any information obtained 13 through a subpoena to another Federal depart- 14 ment or agency, any agency of a State, local, 15 Tribal, or territorial government, or any inter- 16 national body; and 17 (C) shall comply with requirements for the 18 issuance of a subpoena issued by a United 19 States district court under the Federal Rules of 20 Civil Procedure. 21 (4) MEETINGS.—The Commission shall— 22 (A) hold public hearings and meetings; 23 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7028.IH H7028 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 7028 IH (B) hold classified hearings or meetings, if 1 necessary to discuss classified material or infor- 2 mation; and 3 (C) provide an opportunity for public com- 4 ment, including sharing of research and policy 5 analysis, through publication in the Federal 6 Register of a solicitation for public comments 7 during a period to last not fewer than 45 days. 8 (h) RESOURCES.— 9 (1) AUTHORITY TO USE THE UNITED STATES 10 MAILS.—The Commission may use the United States 11 mails in the same manner and under the same con- 12 ditions as other Federal agencies. 13 (2) DOCUMENTS, STATISTICAL DATA AND 14 OTHER SUCH INFORMATION.— 15 (A) IN GENERAL.—The Library of Con- 16 gress, the Office of National Drug Control Pol- 17 icy, the Department of State, and any other 18 Federal agency shall provide reasonable access 19 to documents, statistical data, and other such 20 information the Commission determines nec- 21 [Text truncated for display. 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