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. 

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 ‘‘National Commission 

5 on United States Counterterrorism Policy Act of 2020’’. 

6 SEC. 2. NATIONAL COMMISSION ON UNITED STATES 

7 COUNTERTERRORISM POLICY. 

8 (a) ESTABLISHMENT.—There is established an inde9 pendent commission within the legislative branch to be 

10 known as the ‘‘National Commission on United States 


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1 Counterterrorism Policy’’ (in this section referred to as 

2 the ‘‘Commission’’). 

3 (b) PURPOSE.—The Commission shall— 

4 (1) review United States counterterrorism ob5 jectives, priorities, capabilities, policies, programs, 

6 and activities; and 

7 (2) assess how to adapt and prioritize such poli8 cies, programs, and activities to ensure such policies, 

9 programs, and activities— 

10 (A) employ an appropriate mix of available 

11 instruments of national power; 

12 (B) comply with the rule of law and re13 spect for civil rights, civil liberties, and human 

14 rights; 

15 (C) appropriately focus on existing and 

16 emerging terrorism risks; and 

17 (D) are appropriately balanced relative to 

18 the pursuit of other United States interests in 

19 an era when the United States faces a diverse 

20 range of threats from domestic and inter21 national terrorism, a dynamic number of polit22 ical, economic, and military competitions 

23 around the world, and challenges within the 

24 United States. 


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1 (c) STUDY AREAS.—In carrying out subsection (b), 

2 the Commission shall study the following: 

3 (1) The evolution of threats to the United 

4 States since September 11, 2001, from international 

5 and domestic terrorism, including an assessment of 

6 potential connections between such threats, and the 

7 risks such threats pose relative to other threats to 

8 the United States and United States national inter9 ests. 

10 (2) Major lessons learned from United States 

11 counterterrorism objectives, priorities, capabilities, 

12 policies, programs and activities since September 11, 

13 2001, and the relevance of such lessons for ongoing 

14 and future counterterrorism objectives, priorities, 

15 policies, programs, and activities. 

16 (3) Ongoing United States counterterrorism ob17 jectives, priorities, capabilities, policies, programs, 

18 and activities, including an assessment of the fol19 lowing: 

20 (A) Any tradeoffs that exist between such 

21 objectives, priorities, capabilities, policies, pro22 grams, and activities. 

23 (B) The integration, programmatically and 

24 organizationally, of such objectives, priorities, 

25 capabilities, policies, programs, and activities 


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1 into wider United States foreign and domestic 

2 policy. 

3 (C) The instruments used to advance 

4 counterterrorism objectives and the identifica5 tion of new or modified instruments, if appro6 priate. 

7 (D) Any impacts on civil rights and civil 

8 liberties in the United States and internation9 ally recognized human rights abroad. 

10 (E) Any impacts on the counterterrorism 

11 policies of partner countries. 

12 (F) Congressional oversight of such objec13 tives, priorities, capabilities, policies, programs, 

14 and activities. 

15 (G) Whether counterterrorism resources 

16 are appropriately balanced across the range of 

17 terrorist threats facing the United States and 

18 across the range of counterterrorism programs 

19 and activities conducted by the United States 

20 Government. 

21 (4) The legal and policy frameworks for 

22 counterterrorism programs and activities in the 

23 United States and abroad, including adherence to 

24 such frameworks. 


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1 (5) The tradeoffs the United States may face as 

2 it seeks to balance counterterrorism objectives and 

3 priorities with a growing number of political, eco4 nomic, and military competitions around the world 

5 and challenges at home, and how to mitigate any 

6 risks such tradeoffs might pose. 

7 (6) Potential new or emerging challenges of 

8 conducting counterterrorism operations in contested 

9 environments, where strategic state competitors such 

10 as Russia, China, or Iran operate. 

11 (7) The state of United States counterterrorism 

12 partnerships, including the willingness, capacity, and 

13 capability of United States counterterrorism part14 ners to combat shared threats. 

15 (8) The policies and operations of private enti16 ties, including the defense industry and technology 

17 and media entities, that have implications for domes18 tic terrorism and international terrorism, including 

19 implications of involvement of private entities in 

20 United States counterterrorism policies, programs, 

21 and activities. 

22 (9) The effects of United States counterter23 rorism objectives, priorities, capabilities, policies, 

24 programs, and activities on threats from domestic 

25 terrorism and international terrorism. 


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1 (10) Ongoing efforts by the executive branch to 

2 measure the effectiveness of counterterrorism poli3 cies, programs, and activities through net assess4 ments and evaluations of lessons learned, including 

5 an assessment of efforts to address factors that con6 tribute to terrorist recruitment and radicalization. 

7 (11) Recommendations on how best to adapt 

8 United States counterterrorism objectives, priorities, 

9 capabilities, policies, programs, and activities to ad10 dress existing and emerging terrorism risks on the 

11 basis of the areas of study specified in this sub12 section and any other findings the Commission de13 termines relevant. 

14 (d) COMPOSITION.— 

15 (1) MEMBERS.—The Commission shall be com16 posed of 14 commissioners, to be appointed as fol17 lows: 

18 (A) One commissioner appointed by the 

19 Chairman, with the concurrence of the ranking 

20 member, of each of the appropriate congres21 sional committees. 

22 (B) A Chairperson, appointed by the 

23 Speaker of the House of Representatives, with 

24 the concurrence of the minority leader of the 

25 House of Representatives. 


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1 (C) A Vice-Chairperson, appointed by the 

2 majority leader of the Senate, with the concur3 rence of the minority leader of the Senate. 

4 (2) QUALIFICATIONS.—Individuals appointed to 

5 the Commission shall be United States persons with 

6 relevant counterterrorism expertise and experience in 

7 diplomacy, law enforcement, the Armed Forces, law, 

8 public administration, the legislative branch, intel9 ligence, academia, human rights, civil rights, or civil 

10 liberties. The leadership of the Senate and the 

11 House of Representatives shall coordinate with the 

12 appropriate congressional committees to ensure that 

13 Commission membership represents a variety of ex14 pertise in such fields. At least 1 of the commis15 sioners shall, in addition to relevant counterter16 rorism expertise, possess a civil rights or civil lib17 erties background and 1 of the commissioners shall, 

18 in addition to relevant counterterrorism expertise, 

19 possess an international human rights background. 

20 (3) PROHIBITIONS.—An individual appointed to 

21 the Commission may not be— 

22 (A) a Member of Congress, including a 

23 Delegate or Resident Commissioner; 

24 (B) an officer or employee of any branch 

25 of the Federal Government; 


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1 (C) an employee or official of any State, 

2 territory, county, or municipality in the United 

3 States; or 

4 (D) a registered lobbyist. 

5 (4) CONFLICTS OF INTEREST.—An individual 

6 appointed to the Commission shall disclose any fi7 nancial gains from private sector employment con8 ducted in support of United States counterterrorism 

9 policies, programs, or activities at any time since 

10 September 11, 2001. 

11 (5) DEADLINE FOR APPOINTMENT OF COMMIS12 SIONERS.—Individuals appointed to the Commission 

13 shall be appointed not later than 30 days after the 

14 date of the enactment of this Act. 

15 (6) PERIOD OF APPOINTMENT.—Each commis16 sioner and the Chairperson and Vice-Chairperson 

17 shall be appointed for the life of the Commission. 

18 (7) VACANCIES.—Any vacancy in the Commis19 sion shall not affect its powers and duties and shall 

20 be filled in the same manner as the original appoint21 ment within 30 days of such vacancy occurring. 

22 (8) COMPENSATION.—Commissioners and the 

23 Chairperson and Vice-Chairperson shall serve with24 out pay. 


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1 (9) TRAVEL EXPENSES.—Commissioners and 

2 the Chairperson and Vice-Chairperson shall receive 

3 travel expenses, including per diem in lieu of subsist4 ence, in accordance with sections 5702 and 5703 of 

5 title 5, United States Code, while away from their 

6 homes or regular places of business in performance 

7 of services for the Commission. 

8 (e) MEETINGS.— 

9 (1) INITIAL MEETING.—Not later than 30 days 

10 after the appointment of two-thirds of the members 

11 of the Commission, including the Chairperson or 

12 Vice-Chairperson, the Commission shall hold an ini13 tial meeting to develop and implement a schedule for 

14 completion of the review and assessment under sub15 section (b) of the areas of study specified in sub16 section (c) and the report required under subsection 

17 (m)(2). 

18 (2) SUBSEQUENT MEETINGS.—The Commission 

19 shall meet at the call of the Chairperson or a major20 ity of commissioners. 

21 (3) QUORUM.—Eight members shall constitute 

22 a quorum and members shall have the option to vote 

23 by proxy. 

24 (f) CONSULTATION.—In conducting the review, as25 sessment, and study required under this section, the ComVerDate Sep 11 2014 00:11 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4169.IS S4169

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1 mission shall consult with relevant experts in the Federal 

2 Government (including relevant Members of Congress and 

3 congressional staff), academia, law, civil society, and the 

4 private sector. 

5 (g) POWERS OF THE COMMISSION.— 

6 (1) HEARINGS AND EVIDENCE.—For the pur7 poses of carrying out this section, the Commission 

8 may— 

9 (A) hold classified or unclassified hearings, 

10 take testimony, receive evidence, and administer 

11 oaths; and 

12 (B) subject to paragraph (3), require, by 

13 subpoena authorized by majority vote of the 

14 Commission and issued under the signature of 

15 the Chairperson or any member designated by 

16 a majority of the Commission, the attendance 

17 and testimony of such witnesses and the pro18 duction of such books, records, correspondence, 

19 memoranda, papers, and documents, as the 

20 Commission may determine advisable. 

21 (2) NOTIFICATION OF COMMITTEES.—If the 

22 Commission is unable to obtain testimony or docu23 ments needed to conduct its work, the Commission 

24 shall notify the appropriate congressional committees 

25 and appropriate investigative authorities. 


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1 (3) SUBPOENA ENFORCEMENT.— 

2 (A) IN GENERAL.—In the case of contu3 macy or failure to obey a subpoena issued 

4 under paragraph (1)(B), the United States dis5 trict court for the judicial district in which the 

6 subpoenaed person resides, is served, or may be 

7 found, or where the subpoena is returnable, 

8 may issue an order requiring such person to ap9 pear at any designated place to testify or to 

10 produce documentary or other evidence. Any 

11 failure to obey the order of the court may be 

12 punished by the court as a contempt of that 

13 court. 

14 (B) ADDITIONAL ENFORCEMENT.—In the 

15 case of any failure of any witness to comply 

16 with any subpoena or to testify when sum17 moned under authority of this section, the Com18 mission may, by majority vote, certify a state19 ment of fact constituting such failure to the ap20 propriate United States attorney, who may 

21 bring the matter before the grand jury for its 

22 action, under the same statutory authority and 

23 procedures as if the United States attorney had 

24 received a certification under sections 102 


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1 through 104 of the Revised Statutes of the 

2 United States (2 U.S.C. 192 through 194). 

3 (4) LIMITATIONS ON SUBPOENA AUTHORITY.— 

4 With respect to the subpoena authority under para5 graph (1)(B), the Commission— 

6 (A) may only issue a subpoena to a mem7 ber of Federal, State, local, Tribal, or territorial 

8 government; 

9 (B) may reference unclassified documents 

10 and information obtained through a subpoena 

11 when conducting interviews to further the Com12 mission’s objectives and may include such docu13 ments and information in the final report, but 

14 may not otherwise share, disclose, publish, or 

15 transmit in any way any information obtained 

16 through a subpoena to another Federal depart17 ment or agency, any agency of a State, local, 

18 Tribal, or territorial government, or any inter19 national body; and 

20 (C) shall comply with requirements for the 

21 issuance of a subpoena issued by a United 

22 States district court under the Federal Rules of 

23 Civil Procedure. 

24 (5) MEETINGS.—The Commission shall— 

25 (A) hold public hearings and meetings; 


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1 (B) hold classified hearings or meetings, if 

2 necessary to discuss classified material or infor3 mation; and 

4 (C) provide an opportunity for public com5 ment, including sharing of research and policy 

6 analysis, through publication in the Federal 

7 Register of a solicitation for public comments 

8 during a period to last not fewer than 45 days. 

9 (h) RESOURCES.— 

10 (1) AUTHORITY TO USE THE UNITED STATES

11 MAILS.—The Commission may use the United States 

12 mails in the same manner and under the same con13 ditions as other Federal agencies. 

14 (2) DOCUMENTS, STATISTICAL DATA, AND

15 OTHER SUCH INFORMATION.—Upon written request 

16 by the Chairperson, Vice-Chairperson, or any com17 missioner designated by a majority of the Commis18 sion, an executive department, bureau, agency, 

19 board, commission, office, independent establish20 ment, or instrumentality of the Federal Govern21 ment— 

22 (A) shall provide reasonable access to doc23 uments, statistical data, and other such infor24 mation the Commission determines necessary to 

25 carry out its duties; and 


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1 (B) shall, to the extent authorized by law, 

2 furnish any information, suggestions, estimates, 

3 and statistics the Commission determines nec4 essary to carry out its duties. 

5 (3) AUTHORITY TO ACCEPT GIFTS.—The Com6 mission may accept, use, and dispose of gifts or do7 nations of services, goods, and property from non8 Federal entities for the purposes of aiding and facili9 tating the work of the Commission. The authority 

10 provided in this paragraph does not extend to gifts 

11 of money in any form, or any gifts from private sec12 tor entities with a financial interest in counterter13 rorism products or services, as determined by the 

14 Commission. The Commission shall publish as an 

15 addendum to the report under subsection (m)(2) a 

16 list of all gifts received and the individual or entity 

17 from which the gift was received. 

18 (4) AUTHORITY TO CONTRACT.— 

19 (A) IN GENERAL.—The Commission is au20 thorized to enter into contracts, leases, or other 

21 legal agreements with Federal and State agen22 cies, Indian Tribes, Tribal entities, private enti23 ties, and individuals for the conduct of activities 

24 necessary to the discharge of its duties. 


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1 (B) TERMINATION.—A contract, lease, or 

2 other legal agreement entered into by the Com3 mission under this paragraph may not extend 

4 beyond the date of termination of the Commis5 sion. 

6 (5) INAPPLICABILITY OF FACA.—The Federal 

7 Advisory Committee Act (5 U.S.C. App.) shall not 

8 apply to the activities of the Commission under this 

9 section. 

10 (6) OFFICE SPACE AND ADMINISTRATIVE SUP11 PORT.—The Architect of the Capitol shall make of12 fice space available for day-to-day activities of the 

13 Commission and for scheduled meetings of the Com14 mission. Upon request, the Architect of the Capitol 

15 shall provide, on a reimbursable basis, such adminis16 trative support as the Commission requests to carry 

17 out its duties. 

18 (7) ASSISTANCE FROM FEDERAL AGENCIES.— 

19 (A) GENERAL SERVICES ADMINISTRA20 TION.—The Administrator of General Services 

21 shall provide to the Commission on a reimburs22 able basis administrative support and other 

23 services as the Commission requests to carry 

24 out its duties. 


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1 (B) FEDERAL AGENCIES.—Federal agen2 cies may provide to the Commission such serv3 ices, funds, facilities, and other support services 

4 as may be determined advisable. 

5 (i) STAFF.— 

6 (1) STAFF DIRECTOR.—The Chairperson, in 

7 consultation with the Vice-Chairperson, and in ac8 cordance with rules agreed upon by the Commission, 

9 may appoint a staff director. 

10 (2) STAFF.—With the approval of the Commis11 sion, the staff director may appoint such employees 

12 as the staff director determines necessary to enable 

13 the Commission to carry out its duties. 

14 (3) STAFF QUALIFICATIONS.—The staff direc15 tor shall ensure employees of the Commission have 

16 relevant counterterrorism expertise and experience, 

17 including in areas such as in diplomacy, law enforce18 ment, the Armed Forces, law, public administration, 

19 the legislative branch, intelligence, academia, human 

20 rights, civil rights, or civil liberties. 

21 (4) APPOINTMENTS AND COMPENSATION.—The 

22 Commission may appoint and fix the compensation 

23 of the staff director and other employees without re24 gard to the provisions of title 5, United States Code, 

25 governing appointments in the competitive service, 


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1 and without regard to the provisions of chapter 51 

2 and subchapter III of chapter 53 of such title relat3 ing to classification and General Schedule pay rates, 

4 except that the rate of pay for the staff director may 

5 exceed the equivalent of that payable to a person oc6 cupying a position at level IV of the Executive 

7 Schedule and the rate of pay for any other employee 

8 of the Commission may exceed the equivalent of that 

9 payable to a person occupying a position at level V 

10 of the Executive Schedule. 

11 (5) EXPERTS AND CONSULTANTS.—With the 

12 approval of the Chairperson, the staff director may 

13 procure temporary and intermittent services under 

14 section 3109(b) of title 5, United States Code. 

15 (6) DETAIL OF GOVERNMENT EMPLOYEES.— 

16 Upon the request of the Commission, the head of 

17 any Federal agency may detail, without reimburse18 ment, any of the personnel of such agency to the 

19 Commission to assist in carrying out its duties. Any 

20 such detail shall not interrupt or otherwise affect the 

21 civil service status or privileges of such personnel. 

22 (7) VOLUNTEER SERVICES.—Notwithstanding 

23 section 1342 of title 31, United States Code, the 

24 Commission may accept and use voluntary and unVerDate Sep 11 2014 17:27 Jul 14, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S4169.IS S4169

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1 compensated services as the Commission determines 

2 necessary. 

3 (j) SECURITY CLEARANCES FOR COMMISSION MEM4 BERS AND STAFF.—The appropriate Federal agencies or 

5 departments shall cooperate with the Commission in expe6 ditiously providing to the commissioners, including the 

7 Chairperson and Vice-Chairperson, and the staff director 

8 and employees appropriate security clearances to the ex9 tent possible pursuant to existing procedures and require10 ments, except that no person shall be provided with access 

11 to classified information without the appropriate security 

12 clearances. 

13 (k) FUNDING.—There is authorized to be appro14 priated $4,000,000 to the Commission, to remain available 

15 until the date of termination, to carry out this Act. 

16 (l) TERMINATION.—The Commission shall terminate 

17 on the date that is 180 days after the date on which the 

18 Commission submits the report required by subsection 

19 (m)(2). 

20 (m) BRIEFINGS AND REPORT.— 

21 (1) BRIEFINGS.—The Chairperson, Vice-Chair22 person, and staff director of the Commission shall 

23 provide quarterly briefings to the appropriate con24 gressional committees, of which not less than 2 

25 briefings shall be for Members of Congress. 


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1 (2) REPORT.— 

2 (A) IN GENERAL.—Not later than 540 

3 days after the initial meeting of the Commis4 sion under subsection (e), the Commission shall 

5 submit to the appropriate congressional com6 mittees an unclassified report that includes the 

7 following: 

8 (i) The findings, conclusions, and rec9 ommendations of the Commission pursuant 

10 to the review and assessment under sub11 section (b) and areas of study specified in 

12 subsection (c). 

13 (ii) Summaries of the input and rec14 ommendations of each individual with 

15 whom the Commission consulted in accord16 ance with subsection (f), attributed in ac17 cordance with the preference expressed by 

18 such individual. 

19 (B) CLASSIFIED ANNEX.—The report re20 quired under this paragraph may include a clas21 sified annex. 

22 (C) PUBLIC RELEASE.—Not later than 7 

23 days after the date on which the Commission 

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1 mittees, the Commission shall make publicly 

2 available the report required under this para3 graph, with the exception of any classified 

4 annex under subparagraph (B). 

5 (n) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the Committee on Foreign Relations, 

10 the Select Committee on Intelligence, the Com11 mittee on Armed Services, the Committee on 

12 Homeland Security and Governmental Affairs, 

13 the Committee on the Judiciary, and the Com14 mittee on Finance of the Senate; and 

15 (B) the Committee on Foreign Affairs, the 

16 Permanent Select Committee on Intelligence, 

17 the Committee on Armed Services, the Com18 mittee on Homeland Security, the Committee 

19 on the Judiciary, and the Committee on Finan20 cial Services of the House of Representatives. 

21 (2) DOMESTIC TERRORISM.—The term ‘‘domes22 tic terrorism’’ has the meaning given such term in 

23 section 2331 of title 18, United States Code. 

24 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

25 has the meaning given the term ‘‘Indian tribe’’ in 


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1 section 4 of the Indian Self-Determination and Edu2 cation Assistance Act of 1975 (25 U.S.C. 5304). 

3 (4) INTERNATIONAL TERRORISM.—The term 

4 ‘‘international terrorism’’ has the meaning given 

5 such term in section 2331 of title 18, United States 

6 Code. 

7 (5) REGISTERED LOBBYIST.—The term ‘‘reg8 istered lobbyist’’ means a lobbyist described in sec9 tion 3 of the Lobbying Disclosure Act of 1995 (2 

10 U.S.C. 1603). 

11 (6) UNITED STATES PERSON.—The term 

12 ‘‘United States person’’ has the meaning given that 

13 term in section 101 of the Foreign Intelligence Sur14 veillance Act of 1978 (50 U.S.C. 1801). 

Æ 


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