National Commission on United States Counterterrorism Policy Act of 2020

II 116TH CONGRESS 2D SESSION S. 4169 To establish a National Commission on United States Counterterrorism Policy, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 2, 2020 Mr. PETERS introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 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 United States Counterterrorism Policy Act of 2020’’. 5 SEC. 2. NATIONAL COMMISSION ON UNITED STATES 6 COUNTERTERRORISM 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 United States 10 VerDate Sep 11 2014 17:27 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4169.IS S4169 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4169 IS Counterterrorism Policy’’ (in this section referred to as 1 the ‘‘Commission’’). 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 such policies, 8 programs, and activities— 9 (A) employ an appropriate mix of available 10 instruments of national power; 11 (B) comply with the rule of law and re- 12 spect for civil rights, civil liberties, and human 13 rights; 14 (C) appropriately focus on existing and 15 emerging terrorism risks; and 16 (D) are appropriately balanced relative to 17 the pursuit of other United States interests in 18 an era when the United States faces a diverse 19 range of threats from domestic and inter- 20 national terrorism, a dynamic number of polit- 21 ical, economic, and military competitions 22 around the world, and challenges within the 23 United States. 24 VerDate Sep 11 2014 17:27 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4169.IS S4169 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4169 IS (c) STUDY AREAS.—In carrying out subsection (b), 1 the Commission shall study the following: 2 (1) The evolution of threats to the United 3 States since September 11, 2001, from international 4 and domestic terrorism, including an assessment of 5 potential connections between such threats, and the 6 risks such threats pose relative to other threats to 7 the United States and United States national inter- 8 ests. 9 (2) Major lessons learned from United States 10 counterterrorism objectives, priorities, capabilities, 11 policies, programs and activities since September 11, 12 2001, and the relevance of such lessons for ongoing 13 and future counterterrorism objectives, priorities, 14 policies, programs, and activities. 15 (3) Ongoing United States counterterrorism ob- 16 jectives, priorities, capabilities, policies, programs, 17 and activities, including an assessment of the fol- 18 lowing: 19 (A) Any tradeoffs that exist between such 20 objectives, priorities, capabilities, policies, pro- 21 grams, and activities. 22 (B) The integration, programmatically and 23 organizationally, of such objectives, priorities, 24 capabilities, policies, programs, and activities 25 VerDate Sep 11 2014 17:27 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4169.IS S4169 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4169 IS into wider United States foreign and domestic 1 policy. 2 (C) The instruments used to advance 3 counterterrorism objectives and the identifica- 4 tion of new or modified instruments, if appro- 5 priate. 6 (D) Any impacts on civil rights and civil 7 liberties in the United States and internation- 8 ally recognized human rights abroad. 9 (E) Any impacts on the counterterrorism 10 policies of partner countries. 11 (F) Congressional oversight of such objec- 12 tives, priorities, capabilities, policies, programs, 13 and activities. 14 (G) Whether counterterrorism resources 15 are appropriately balanced across the range of 16 terrorist threats facing the United States and 17 across the range of counterterrorism programs 18 and activities conducted by the United States 19 Government. 20 (4) The legal and policy frameworks for 21 counterterrorism programs and activities in the 22 United States and abroad, including adherence to 23 such frameworks. 24 VerDate Sep 11 2014 17:27 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4169.IS S4169 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4169 IS (5) The tradeoffs the United States may face as 1 it seeks to balance counterterrorism objectives and 2 priorities with a growing number of political, eco- 3 nomic, and military competitions around the world 4 and challenges at home, and how to mitigate any 5 risks such tradeoffs might pose. 6 (6) Potential new or emerging challenges of 7 conducting counterterrorism operations in contested 8 environments, where strategic state competitors such 9 as Russia, China, or Iran operate. 10 (7) The state of United States counterterrorism 11 partnerships, including the willingness, capacity, and 12 capability of United States counterterrorism part- 13 ners to combat shared threats. 14 (8) The policies and operations of private enti- 15 ties, including the defense industry and technology 16 and media entities, that have implications for domes- 17 tic terrorism and international terrorism, including 18 implications of involvement of private entities in 19 United States counterterrorism policies, programs, 20 and activities. 21 (9) The effects of United States counterter- 22 rorism objectives, priorities, capabilities, policies, 23 programs, and activities on threats from domestic 24 terrorism and international terrorism. 25 VerDate Sep 11 2014 17:27 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4169.IS S4169 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4169 IS (10) Ongoing efforts by the executive branch to 1 measure the effectiveness of counterterrorism poli- 2 cies, programs, and activities through net assess- 3 ments and evaluations of lessons learned, including 4 an assessment of efforts to address factors that con- 5 tribute to terrorist recruitment and radicalization. 6 (11) Recommendations on how best to adapt 7 United States counterterrorism objectives, priorities, 8 capabilities, policies, programs, and activities to ad- 9 dress existing and emerging terrorism risks on the 10 basis of the areas of study specified in this sub- 11 section and any other findings the Commission de- 12 termines relevant. 13 (d) COMPOSITION.— 14 (1) MEMBERS.—The Commission shall be com- 15 posed of 14 commissioners, to be appointed as fol- 16 lows: 17 (A) One commissioner appointed by the 18 Chairman, with the concurrence of the ranking 19 member, of each of the appropriate congres- 20 sional committees. 21 (B) A Chairperson, appointed by the 22 Speaker of the House of Representatives, with 23 the concurrence of the minority leader of the 24 House of Representatives. 25 VerDate Sep 11 2014 17:27 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4169.IS S4169 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4169 IS (C) A Vice-Chairperson, appointed by the 1 majority leader of the Senate, with the concur- 2 rence of the minority leader of the Senate. 3 (2) QUALIFICATIONS.—Individuals appointed to 4 the Commission shall be United States persons with 5 relevant counterterrorism expertise and experience in 6 diplomacy, law enforcement, the Armed Forces, law, 7 public administration, the legislative branch, intel- 8 ligence, academia, human rights, civil rights, or civil 9 liberties. The leadership of the Senate and the 10 House of Representatives shall coordinate with the 11 appropriate congressional committees to ensure that 12 Commission membership represents a variety of ex- 13 pertise in such fields. At least 1 of the commis- 14 sioners shall, in addition to relevant counterter- 15 rorism expertise, possess a civil rights or civil lib- 16 erties background and 1 of the commissioners shall, 17 in addition to relevant counterterrorism expertise, 18 possess an international human rights background. 19 (3) PROHIBITIONS.—An individual appointed to 20 the Commission may not be— 21 (A) a Member of Congress, including a 22 Delegate or Resident Commissioner; 23 (B) an officer or employee of any branch 24 of the Federal Government; 25 VerDate Sep 11 2014 17:27 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4169.IS S4169 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 4169 IS (C) an employee or official of any State, 1 territory, county, or municipality in the United 2 States; or 3 (D) a registered lobbyist. 4 (4) CONFLICTS OF INTEREST.—An individual 5 appointed to the Commission shall disclose any fi- 6 nancial gains from private sector employment con- 7 ducted in support of United States counterterrorism 8 policies, programs, or activities at any time since 9 September 11, 2001. 10 (5) DEADLINE FOR APPOINTMENT OF COMMIS- 11 SIONERS.—Individuals appointed to the Commission 12 shall be appointed not later than 30 days after the 13 date of the enactment of this Act. 14 (6) PERIOD OF APPOINTMENT.—Each commis- 15 sioner and the Chairperson and Vice-Chairperson 16 shall be appointed for the life of the Commission. 17 (7) VACANCIES.—Any vacancy in the Commis- 18 sion shall not affect its powers and duties and shall 19 be filled in the same manner as the original appoint- 20 ment within 30 days of such vacancy occurring. 21 (8) COMPENSATION.—Commissioners and the 22 Chairperson and Vice-Chairperson shall serve with- 23 out pay. 24 VerDate Sep 11 2014 00:11 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4169.IS S4169 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 4169 IS (9) TRAVEL EXPENSES.—Commissioners and 1 the Chairperson and Vice-Chairperson shall receive 2 travel expenses, including per diem in lieu of subsist- 3 ence, in accordance with sections 5702 and 5703 of 4 title 5, United States Code, while away from their 5 homes or regular places of business in performance 6 of services for the Commission. 7 (e) MEETINGS.— 8 (1) INITIAL MEETING.—Not later than 30 days 9 after the appointment of two-thirds of the members 10 of the Commission, including the Chairperson or 11 Vice-Chairperson, the Commission shall hold an ini- 12 tial meeting to develop and implement a schedule for 13 completion of the review and assessment under sub- 14 section (b) of the areas of study specified in sub- 15 section (c) and the report required under subsection 16 (m)(2). 17 (2) SUBSEQUENT MEETINGS.—The Commission 18 shall meet at the call of the Chairperson or a major- 19 ity of commissioners. 20 (3) QUORUM.—Eight members shall constitute 21 a quorum and members shall have the option to vote 22 by proxy. 23 (f) CONSULTATION.—In conducting the review, as- 24 sessment, and study required under this section, the Com- 25 VerDate Sep 11 2014 00:11 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4169.IS S4169 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 4169 IS mission shall consult with relevant experts in the Federal 1 Government (including relevant Members of Congress and 2 congressional staff), academia, law, civil society, and the 3 private sector. 4 (g) POWERS OF THE COMMISSION.— 5 (1) HEARINGS AND EVIDENCE.—For the pur- 6 poses of carrying out this section, the Commission 7 may— 8 (A) hold classified or unclassified hearings, 9 take testimony, receive evidence, and administer 10 oaths; and 11 (B) subject to paragraph (3), require, by 12 subpoena authorized by majority vote of the 13 Commission and issued under the signature of 14 the Chairperson or any member designated by 15 a majority of the Commission, the attendance 16 and testimony of such witnesses and the pro- 17 duction of such books, records, correspondence, 18 memoranda, papers, and documents, as the 19 Commission may determine advisable. 20 (2) NOTIFICATION OF COMMITTEES.—If the 21 Commission is unable to obtain testimony or docu- 22 ments needed to conduct its work, the Commission 23 shall notify the appropriate congressional committees 24 and appropriate investigative authorities. 25 VerDate Sep 11 2014 17:27 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4169.IS S4169 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 4169 IS (3) SUBPOENA ENFORCEMENT.— 1 (A) IN GENERAL.—In the case of contu- 2 macy or failure to obey a subpoena issued 3 under paragraph (1)(B), the United States dis- 4 trict court for the judicial district in which the 5 subpoenaed person resides, is served, or may be 6 found, or where the subpoena is returnable, 7 may issue an order requiring such person to ap- 8 pear at any designated place to testify or to 9 produce documentary or other evidence. Any 10 failure to obey the order of the court may be 11 punished by the court as a contempt of that 12 court. 13 (B) ADDITIONAL ENFORCEMENT.—In the 14 case of any failure of any witness to comply 15 with any subpoena or to testify when sum- 16 moned under authority of this section, the Com- 17 mission may, by majority vote, certify a state- 18 ment of fact constituting such failure to the ap- 19 propriate United States attorney, who may 20 bring the matter before the grand jury for its 21 action, under the same statutory authority and 22 procedures as if the United States attorney had 23 received a certification under sections 102 24 VerDate Sep 11 2014 17:27 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4169.IS S4169 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 4169 IS through 104 of the Revised Statutes of the 1 United States (2 U.S.C. 192 through 194). 2 (4) LIMITATIONS ON SUBPOENA AUTHORITY.— 3 With respect to the subpoena authority under para- 4 graph (1)(B), the Commission— 5 (A) may only issue a subpoena to a mem- 6 ber of Federal, State, local, Tribal, or territorial 7 government; 8 (B) may reference unclassified documents 9 and information obtained through a subpoena 10 when conducting interviews to further the Com- 11 mission’s objectives and may include such docu- 12 ments and information in the final report, but 13 may not otherwise share, disclose, publish, or 14 transmit in any way any information obtained 15 through a subpoena to another Federal depart- 16 ment or agency, any agency of a State, local, 17 Tribal, or territorial government, or any inter- 18 national body; and 19 (C) shall comply with requirements fo [Text truncated for display. 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