I 

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. 

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 


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1 right to engage in open discussion is an essential 

2 premise of American governmental institutions and 

3 democratic values; 

4 (2) the United States is currently facing a chal5 lenge to the safety and security of the public, public 

6 employees, and public facilities and spaces that is 

7 unique in the history of this Nation; 

8 (3) to meet this challenge without eroding or 

9 harming any of the basic tenets of the Republic and 

10 of our democracy, this Nation needs to assemble the 

11 best thinking available; and 

12 (4) a commission of experts from a broad base 

13 of disciplines and backgrounds is necessary to exam14 ine all the factors that should be considered in se15 curing public safety from terrorist attacks while 

16 maintaining the highest level of free and open access 

17 to the public. 

18 SEC. 3. ESTABLISHMENT OF COMMISSION. 

19 (a) ESTABLISHMENT.—There is established a com20 mission to be known as the ‘‘United States Commission 

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

22 to as the ‘‘Commission’’). 

23 (b) COMPOSITION.—The Commission shall be com24 posed of 21 members appointed in accordance with sub25 section (d)(1) from among individuals representing such 


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1 fields or groups as the following: architecture, technology, 

2 civil libertarians, humanists, members of the Armed 

3 Forces, Federal Government employees, city planners, 

4 business leaders, lawyers, artists, public building security, 

5 engineers, philosophers, historians, sociologists, and psy6 chologists. The President shall designate one of those 

7 members to be the Chairperson of the Commission. 

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

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

10 Nine members of the Commission shall constitute a 

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

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

13 the Chairperson of the Commission or a majority of its 

14 members. Any vacancy in the Commission shall not affect 

15 its powers and shall be filled in the same manner as the 

16 original appointment. 

17 (d) APPOINTMENTS; INITIAL MEETING.— 

18 (1) APPOINTMENTS.—Appointments to the 

19 Commission shall be made as follows: 

20 (A) Nine members appointed by the Presi21 dent. 

22 (B) Three members appointed by the 

23 Speaker of the House of Representatives. 

24 (C) Three members appointed by the mi25 nority leader of the House of Representatives. 


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1 (D) Three members appointed by the ma2 jority leader of the Senate. 

3 (E) Three members appointed by the mi4 nority leader of the Senate. 

5 (2) INITIAL MEETING.—If, after 90 days fol6 lowing the date of enactment of this Act, 9 or more 

7 members of the Commission have been appointed, 

8 the members who have been appointed may meet, 

9 and the Chairperson shall have the authority to 

10 begin the operations of the Commission, including 

11 the hiring of staff. 

12 SEC. 4. FUNCTIONS OF COMMISSION. 

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

14 make findings and recommendations relating to the ques15 tion of how the Government of the United States may pro16 vide, in a balanced manner, for both security in and public 

17 access to Federal buildings and other Federal property 

18 and sites. 

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

20 this Act, the Commission shall specifically examine mat21 ters that relate to the security of, and open access to, pub22 lic facilities and spaces, including— 

23 (1) Federal, other governmental, and private se24 curity practices and proposals, building design, pubVerDate Mar 15 2010 04:17 Apr 04, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4291.IH H4291

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1 lic space management, counterterrorism needs, and 

2 refurbishment of existing Federal facilities; 

3 (2) the effect of access to public facilities and 

4 spaces on— 

5 (A) maintenance of security and safety; 

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

7 Government, and other constitutional rights 

8 and civil liberties; 

9 (C) economies of affected jurisdictions or 

10 parts thereof; 

11 (D) physical changes and architectural aes12 thetics of affected areas; 

13 (E) traffic and congestion; and 

14 (F) job performance of employees within 

15 the affected facilities; 

16 (3) current and potential uses of technology to 

17 augment or replace traditional modes of security; 

18 (4) practices of and comparisons with other en19 tities and nations; and 

20 (5) current and potential analytical methods of 

21 assessing the risks posed by the various forms of 

22 terrorism, balanced against the specific needs and 

23 values of open access. 

24 (c) COORDINATION OF ACTIVITIES.—The Commis25 sion shall take appropriate measures to avoid unnecessary 


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1 duplication of efforts previously or currently being under2 taken by any other person or entity. 

3 SEC. 5. POWERS OF COMMISSION. 

4 (a) IN GENERAL.—The Commission or, on the au5 thorization of the Commission, any member or agent of 

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

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

8 such evidence as the Commission considers appropriate to 

9 carry out this Act. 

10 (b) OBTAINING OFFICIAL INFORMATION.—The Com11 mission may secure directly from any department, agency, 

12 or other entity of the United States information necessary 

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

14 Chairperson of the Commission, the head of such govern15 mental entity shall furnish, to the extent authorized by 

16 law, such information to the Commission. 

17 (c) SECURITY.— 

18 (1) SECURITY CLEARANCES.—The members 

19 and staff of the Commission shall hold, as a condi20 tion of appointment to or employment with the Com21 mission, appropriate security clearances for access to 

22 the classified briefing, records, and materials to be 

23 reviewed by the Commission or its staff and shall 

24 follow the guidance and practices on security under 

25 applicable Executive orders and agency directives. 


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1 (2) CONDITIONS TO GRANTING ACCESS.—The 

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

3 granting access to a member of the Commission or 

4 a member of the staff of the Commission to classi5 fied records or materials of the agency under this 

6 Act, require the member to— 

7 (A) execute an agreement regarding the se8 curity of such records or materials that is ap9 proved by the head of the agency; and 

10 (B) hold an appropriate security clearance 

11 granted or recognized under the standard pro12 cedures and eligibility criteria of the agency, in13 cluding any special access approval required for 

14 access to such records or materials. 

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

16 the Commission and the members of the staff of the 

17 Commission may not use any information acquired 

18 in the course of their official activities on the Com19 mission for nonofficial purposes. 

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

21 or regulation governing access to classified informa22 tion that pertains to the national security of the 

23 United States and to facilitate the advisory func24 tions of the Commission under this Act, a member 

25 of the Commission or a member of the staff of the 


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1 Commission seeking access to a record or material 

2 under this Act shall be deemed for purposes of this 

3 subsection to have a need to know the contents of 

4 the record or material. 

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

6 this subsection to the ‘‘staff of the Commission’’ in7 cludes individuals described in sections 6(d) and 

8 6(e). 

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

10 States mails in the same manner and under the same con11 ditions as other departments and agencies of the United 

12 States. 

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

14 dispose of gifts or donations of services or property. 

15 (f) ADMINISTRATIVE SUPPORT SERVICES.—The Ad16 ministrator of General Services shall provide to the Com17 mission, on a reimbursable basis, such administrative sup18 port services as the Commission may request. 

19 SEC. 6. PERSONNEL MATTERS. 

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

21 Commission shall not be compensated by reason of their 

22 service on the Commission. 

23 (b) TRAVEL EXPENSES.—The members of the Com24 mission shall be allowed travel expenses, including per 

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1 ees of agencies under subchapter I of chapter 57 of title 

2 5, United States Code, while away from their homes or 

3 regular places of business in the performance of services 

4 for the Commission. 

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

6 may prescribe, the Chairperson of the Commission, with7 out regard to the provisions of title 5, United States Code, 

8 governing appointments in the competitive service, and 

9 without regard to the provisions of chapter 51 and sub10 chapter III of chapter 53 of such title (relating to classi11 fication and General Schedule pay rates), may appoint and 

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

13 as may be necessary to enable the Commission to carry 

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

15 this subsection may exceed the maximum rate of basic pay 

16 payable for GS–15 of the General Schedule. 

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

18 of the Chairperson of the Commission, the head of any 

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

20 a nonreimbursable basis, any of the personnel of that de21 partment or agency to the Commission to assist it in car22 rying out its functions under this Act. 

23 (e) EXPERTS AND CONSULTANTS.—With the ap24 proval of the Commission, the Chairperson of the Commis25 sion may procure temporary and intermittent services 


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

2 rates for individuals not to exceed the daily equivalent of 

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

4 General Schedule. 

5 SEC. 7. REPORT. 

6 (a) SUBMISSION TO THE PRESIDENT.—The Commis7 sion shall transmit its final report to the President not 

8 later than 2 years after the initial meeting of the Commis9 sion. Such report shall contain a detailed statement of the 

10 findings and conclusions of the Commission, together with 

11 its recommendations for such legislative, administrative, 

12 or other action as the Commission considers appropriate. 

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

14 6 months after receiving the final report of the Commis15 sion under subsection (a), the President shall transmit 

16 such report to Congress, together with any comments or 

17 recommendations (including any proposed legislation) 

18 which the President considers appropriate. 

19 SEC. 8. TERMINATION OF COMMISSION. 

20 The Commission shall terminate on the 90th day 

21 after the date on which the Commission is required to sub22 mit its final report under section 7(a). 

23 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

24 There are authorized to be appropriated to carry out 

25 this Act— 


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1 (1) $5,000,000 for fiscal year 2013; and 

2 (2) $5,000,000 for fiscal year 2014. 

Æ 


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