[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4291 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4291
To establish the United States Commission on an Open Society with
Security.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 28, 2012
Ms. Norton introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Commission on an Open
Society with Security Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) an open society which affords free access to public
facilities and spaces and which protects the right to engage in
open discussion is an essential premise of American
governmental institutions and democratic values;
(2) the United States is currently facing a challenge to
the safety and security of the public, public employees, and
public facilities and spaces that is unique in the history of
this Nation;
(3) to meet this challenge without eroding or harming any
of the basic tenets of the Republic and of our democracy, this
Nation needs to assemble the best thinking available; and
(4) a commission of experts from a broad base of
disciplines and backgrounds is necessary to examine all the
factors that should be considered in securing public safety
from terrorist attacks while maintaining the highest level of
free and open access to the public.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``United States Commission on an Open Society with Security''
(in this Act referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of 21 members
appointed in accordance with subsection (d)(1) from among individuals
representing such fields or groups as the following: architecture,
technology, civil libertarians, humanists, members of the Armed Forces,
Federal Government employees, city planners, business leaders, lawyers,
artists, public building security, engineers, philosophers, historians,
sociologists, and psychologists. The President shall designate one of
those members to be the Chairperson of the Commission.
(c) Terms; Quorum; Meetings; Vacancies.--Members shall be appointed
for the life of the Commission. Nine members of the Commission shall
constitute a quorum, but a lesser number may hold hearings. After its
initial meeting, the Commission shall meet at the call of the
Chairperson of the Commission or a majority of its members. Any vacancy
in the Commission shall not affect its powers and shall be filled in
the same manner as the original appointment.
(d) Appointments; Initial Meeting.--
(1) Appointments.--Appointments to the Commission shall be
made as follows:
(A) Nine members appointed by the President.
(B) Three members appointed by the Speaker of the
House of Representatives.
(C) Three members appointed by the minority leader
of the House of Representatives.
(D) Three members appointed by the majority leader
of the Senate.
(E) Three members appointed by the minority leader
of the Senate.
(2) Initial meeting.--If, after 90 days following the date
of enactment of this Act, 9 or more members of the Commission
have been appointed, the members who have been appointed may
meet, and the Chairperson shall have the authority to begin the
operations of the Commission, including the hiring of staff.
SEC. 4. FUNCTIONS OF COMMISSION.
(a) In General.--The Commission shall study and make findings and
recommendations relating to the question of how the Government of the
United States may provide, in a balanced manner, for both security in
and public access to Federal buildings and other Federal property and
sites.
(b) Matters To Be Examined.--In carrying out this Act, the
Commission shall specifically examine matters that relate to the
security of, and open access to, public facilities and spaces,
including--
(1) Federal, other governmental, and private security
practices and proposals, building design, public space
management, counterterrorism needs, and refurbishment of
existing Federal facilities;
(2) the effect of access to public facilities and spaces
on--
(A) maintenance of security and safety;
(B) free speech, the right to petition the
Government, and other constitutional rights and civil
liberties;
(C) economies of affected jurisdictions or parts
thereof;
(D) physical changes and architectural aesthetics
of affected areas;
(E) traffic and congestion; and
(F) job performance of employees within the
affected facilities;
(3) current and potential uses of technology to augment or
replace traditional modes of security;
(4) practices of and comparisons with other entities and
nations; and
(5) current and potential analytical methods of assessing
the risks posed by the various forms of terrorism, balanced
against the specific needs and values of open access.
(c) Coordination of Activities.--The Commission shall take
appropriate measures to avoid unnecessary duplication of efforts
previously or currently being undertaken by any other person or entity.
SEC. 5. POWERS OF COMMISSION.
(a) In General.--The Commission or, on the authorization of the
Commission, any member or agent of the Commission may hold such
hearings, sit and act at such times and places, take such testimony,
and receive such evidence as the Commission considers appropriate to
carry out this Act.
(b) Obtaining Official Information.--The Commission may secure
directly from any department, agency, or other entity of the United
States information necessary to enable it to carry out this Act. Upon
request of the Chairperson of the Commission, the head of such
governmental entity shall furnish, to the extent authorized by law,
such information to the Commission.
(c) Security.--
(1) Security clearances.--The members and staff of the
Commission shall hold, as a condition of appointment to or
employment with the Commission, appropriate security clearances
for access to the classified briefing, records, and materials
to be reviewed by the Commission or its staff and shall follow
the guidance and practices on security under applicable
Executive orders and agency directives.
(2) Conditions to granting access.--The head of an agency
shall require, as a condition of granting access to a member of
the Commission or a member of the staff of the Commission to
classified records or materials of the agency under this Act,
require the member to--
(A) execute an agreement regarding the security of
such records or materials that is approved by the head
of the agency; and
(B) hold an appropriate security clearance granted
or recognized under the standard procedures and
eligibility criteria of the agency, including any
special access approval required for access to such
records or materials.
(3) Restriction on use.--The members of the Commission and
the members of the staff of the Commission may not use any
information acquired in the course of their official activities
on the Commission for nonofficial purposes.
(4) Need to know.--For purposes of any law or regulation
governing access to classified information that pertains to the
national security of the United States and to facilitate the
advisory functions of the Commission under this Act, a member
of the Commission or a member of the staff of the Commission
seeking access to a record or material under this Act shall be
deemed for purposes of this subsection to have a need to know
the contents of the record or material.
(5) Rule of construction.--A reference in this subsection
to the ``staff of the Commission'' includes individuals
described in sections 6(d) and 6(e).
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Administrative Support Services.--The Administrator of General
Services shall provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may request.
SEC. 6. PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Commission shall not
be compensated by reason of their service on the Commission.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--Subject to such rules as the Commission may prescribe,
the Chairperson of the Commission, without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title (relating to classification
and General Schedule pay rates), may appoint and fix the pay of a staff
director and such other personnel as may be necessary to enable the
Commission to carry out its functions; except that no rate of pay fixed
under this subsection may exceed the maximum rate of basic pay payable
for GS-15 of the General Schedule.
(d) Staff of Federal Agencies.--Upon request of the Chairperson of
the Commission, the head of any department or agency of the United
States may detail, on a nonreimbursable basis, any of the personnel of
that department or agency to the Commission to assist it in carrying
out its functions under this Act.
(e) Experts and Consultants.--With the approval of the Commission,
the Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code, at rates for individuals not to exceed the daily equivalent of
the maximum rate of basic pay payable for GS-15 of the General
Schedule.
SEC. 7. REPORT.
(a) Submission to the President.--The Commission shall transmit its
final report to the President not later than 2 years after the initial
meeting of the Commission. Such report shall contain a detailed
statement of the findings and conclusions of the Commission, together
with its recommendations for such legislative, administrative, or other
action as the Commission considers appropriate.
(b) Submission to the Congress.--Not later than 6 months after
receiving the final report of the Commission under subsection (a), the
President shall transmit such report to Congress, together with any
comments or recommendations (including any proposed legislation) which
the President considers appropriate.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall terminate on the 90th day after the date on
which the Commission is required to submit its final report under
section 7(a).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $5,000,000 for fiscal year 2013; and
(2) $5,000,000 for fiscal year 2014.
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