I 

108TH CONGRESS 

1ST SESSION H. R. 1365

To establish the United States Commission on an Open Society with Security. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 19, 2003

Ms. NORTON introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL

To establish the United States Commission on an Open 

Society with Security.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States Commis5 sion on an Open Society with Security Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that—

8 (1) an open society which affords free access to 

9 public facilities and spaces and which protects the 

10 right to engage in open discussion is an essential 
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1 premise of American governmental institutions and 

2 democratic values; 

3 (2) the United States is currently facing a chal4 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 exam13 ine all the factors that should be considered in se14 curing public safety while maintaining the highest 

15 level of free and open access to the public. 

16 SEC. 3. ESTABLISHMENT OF COMMISSION. 

17 (a) ESTABLISHMENT.—There is established a com18 mission to be known as the ‘‘United States Commission 

19 on an Open Society with Security’’ (in this Act referred 

20 to as the ‘‘Commission’’). 

21 (b) COMPOSITION.—The Commission shall be com22 posed of 21 members appointed by the President from 

23 among individuals representing such fields or groups as 

24 the following: architecture, technology, civil libertarians, 

25 humanists, members of the armed forces, Federal Govern-
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1 ment employees, city planners, business leaders, lawyers, 

2 artists, public building security, engineers, philosophers, 

3 historians, sociologists, and psychologists. The President 

4 shall designate one of those members to be the Chair5 person of the Commission. 

6 (c) TERMS; QUORUM; MEETINGS; VACANCIES.—

7 Members shall be appointed for the life of the Commission. 

8 Nine members of the Commission shall constitute a 

9 quorum, but a lesser number may hold hearings. After its 

10 initial meeting, the Commission shall meet at the call of 

11 the Chairperson of the Commission or a majority of its 

12 members. Any vacancy in the Commission shall not affect 

13 its powers, and shall be filled in the same manner as the 

14 original appointment. 

15 (d) APPOINTMENTS; INITIAL MEETING.—

16 (1) APPOINTMENTS.—It is the sense of Con17 gress that the members of the Commission should be 

18 appointed by not later than 90 days after the date 

19 of enactment of this Act. 

20 (2) INITIAL MEETING.—If, after 90 days fol21 lowing the date of enactment of this Act, 9 or more 

22 members of the Commission have been appointed,

23 the members who have been appointed may meet, 

24 and the Chairperson shall have the authority to 
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1 begin the operations of the Commission, including 

2 the hiring of staff. 

3 SEC. 4. FUNCTIONS OF COMMISSION. 

4 (a) IN GENERAL.—The Commission shall study and 

5 make findings and recommendations relating to the ques6 tion of how the Government of the United States may, 

7 in a balanced manner, provide for both security in and 

8 public access to Federal buildings and spaces. 

9 (b) MATTERS TO BE EXAMINED.—In carrying out 

10 this Act, the Commission shall specifically examine mat11 ters that relate to the security of, and open access to, pub12 lic facilities and spaces, including—

13 (1) Federal, other governmental, and private se14 curity practices and proposals, building design, pub15 lic space management, counterterrorism needs, and 

16 refurbishment of existing Federal facilities; 

17 (2) effect of access to public facilities and 

18 spaces on—

19 (A) maintenance of security and safety; 

20 (B) free speech, the right to petition the 

21 Government, and other constitutional rights 

22 and civil liberties; 

23 (C) economies of affected jurisdictions or 

24 parts thereof; 
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1 (D) physical changes and architectural aes2 thetics of affected areas; 

3 (E) traffic and congestion; and 

4 (F) job performance of employees within 

5 the affected facilities; 

6 (3) current and potential uses of technology to 

7 augment or replace traditional modes of security; 

8 (4) practices of and comparisons with other en9 tities and nations; and 

10 (5) current and potential analytical methods of 

11 assessing the risks posed by terrorist and similar 

12 threats, balanced against the specific needs and val13 ues of open access. 

14 (c) COORDINATION OF ACTIVITIES.—The Commis15 sion shall take appropriate measures to avoid unnecessary 

16 duplication of efforts previously or currently being under17 taken by any other person or entity. 

18 SEC. 5. POWERS OF COMMISSION. 

19 (a) IN GENERAL.—The Commission or, on the au20 thorization of the Commission, any member or agent of 

21 the Commission, may hold such hearings, sit and act at 

22 such times and places, take such testimony, and receive 

23 such evidence as the Commission considers appropriate to 

24 carry out this Act.
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1 (b) OBTAINING OFFICIAL INFORMATION.—The Com2 mission may secure directly from any department, agency, 

3 or other entity of the United States information necessary 

4 to enable it to carry out this Act. Upon request of the 

5 Chairperson of the Commission, the head of such govern6 mental entity shall furnish, to the extent authorized by 

7 law, such information to the Commission. 

8 (c) SECURITY.—

9 (1) SECURITY CLEARANCES.—The members 

10 and staff of the Commission shall hold, as a condi11 tion of appointment to or employment with the Com12 mission, hold appropriate security clearances for ac13 cess to the classified briefing, records, and materials 

14 to be reviewed by the Commission or its staff and 

15 shall follow the guidance and practices on security 

16 under applicable Executive orders and agency direc17 tives. 

18 (2) CONDITIONS TO GRANTING ACCESS.—The 

19 head of an agency shall require, as a condition of 

20 granting access to a member of the Commission or 

21 a member of the staff of the Commission to classi22 fied records or materials of the agency under this

23 Act, require the member or the member of the staff, 

24 as the case may be, to—
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1 (A) execute an agreement regarding the se2 curity of such records or materials that is ap3 proved by the head of the agency; and 

4 (B) hold an appropriate security clearance 

5 granted or recognized under the standard pro6 cedures and eligibility criteria of the agency, in7 cluding any special access approval required for 

8 access to such records or materials. 

9 (3) RESTRICTION ON USE.—The members of 

10 the Commission and the members of the staff of the 

11 Commission may not use any information acquired 

12 in the course of their official activities on the Com13 mission for nonofficial purposes. 

14 (4) NEED TO KNOW.—For purposes of any law 

15 or regulation governing access to classified informa16 tion that pertains to the national security of the 

17 United States and to facilitate the advisory func18 tions of the Commission under this Act, a member 

19 of the Commission or a member of the staff of the 

20 Commission seeking access to a record or material 

21 under this Act shall be deemed for purposes of this 

22 subsection to have a need to know the contents of 

23 the record or material. 

24 (5) RULE OF CONSTRUCTION.—A reference in 

25 this subsection to the ‘‘staff of the Commission’’ in-
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1 cludes individuals described in sections 6(d) and 

2 6(e). 

3 (d) MAILS.—The Commission may use the United 

4 States mails in the same manner and under the same con5 ditions as other departments and agencies of the United 

6 States. 

7 (e) GIFTS.—The Commission may accept, use, and 

8 dispose of gifts or donations of services or property. 

9 (f) ADMINISTRATIVE SUPPORT SERVICES.—The Ad10 ministrator of General Services shall provide to the Com11 mission, on a reimbursable basis, such administrative sup12 port services as the Commission may request. 

13 SEC. 6. PERSONNEL MATTERS. 

14 (a) COMPENSATION OF MEMBERS.—Members of the 

15 Commission shall not be compensated by reason of their 

16 service on the Commission. 

17 (b) TRAVEL EXPENSES.—The members of the Com18 mission shall be allowed travel expenses, including per 

19 diem in lieu of subsistence, at rates authorized for employ20 ees of agencies under subchapter I of chapter 57 of title 

21 5, United States Code, while away from their homes or 

22 regular places of business in the performance of services 

23 for the Commission. 

24 (c) STAFF.—Subject to such rules as the Commission 

25 may prescribe, the Chairperson of the Commission, with-
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1 out regard to the provisions of title 5, United States Code, 

2 governing appointments in the competitive service, and 

3 without regard to the provisions of chapter 51 and sub4 chapter III of chapter 53 of such title (relating to classi5 fication and General Schedule pay rates), may appoint and 

6 fix the pay of a staff director and such other personnel 

7 as may be necessary to enable the Commission to carry 

8 out its functions; except that no rate of pay fixed under 

9 this subsection may exceed the maximum rate of basic pay 

10 payable for GS–15 of the General Schedule. 

11 (d) STAFF OF FEDERAL AGENCIES.—Upon request 

12 of the Chairperson of the Commission, the head of any 

13 department or agency of the United States may detail, on 

14 a nonreimbursable basis, any of the personnel of that de15 partment or agency to the Commission to assist it in car16 rying out its functions under this Act. 

17 (e) EXPERTS AND CONSULTANTS.—With the ap18 proval of the Commission, the Chairperson of the Commis19 sion may procure temporary and intermittent services 

20 under section 3109(b) of title 5, United States Code, at 

21 rates for individuals not to exceed the daily equivalent of 

22 the maximum rate of basic pay payable for GS–15 of the 

23 General Schedule. 
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1 SEC. 7. REPORT. 

2 (a) SUBMISSION TO THE PRESIDENT.—The Commis3 sion shall transmit its final report to the President not 

4 later than 2 years after the initial meeting of the Commis5 sion. Such report shall contain a detailed statement of the 

6 findings and conclusions of the Commission, together with 

7 its recommendations for such legislative, administrative, 

8 or other action as the Commission considers appropriate. 

9 (b) SUBMISSION TO THE CONGRESS.—Not later than 

10 6 months after receiving the final report of the Commis11 sion under subsection (a), the President shall transmit 

12 such report to Congress, together with any comments or 

13 recommendations (including any proposed legislation) 

14 which the President considers appropriate. 

15 SEC. 8. TERMINATION OF COMMISSION. 

16 The Commission shall terminate on the 90th day 

17 after the date on which the Commission is required to sub18 mit its final report under section 7(a). 

19 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated to carry out 

21 this Act—

22 (1) $5,000,000 for fiscal year 2004; and 

23 (2) $5,000,000 for fiscal year 2005.

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