I 

116TH CONGRESS 

2D SESSION H. R. 7028 

To establish a national commission on United States counterterrorism policy, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 27, 2020 

Mr. ENGEL (for himself, Mr. THOMPSON of Mississippi, Mr. DEUTCH, and 

Mr. ROSE of New York) introduced the following bill; which was referred 

to the Committee on Homeland Security 

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 U.S. Counterterrorism Policy Act of 2020’’. 

6 SEC. 2. NATIONAL COMMISSION ON U.S. COUNTERTER7 RORISM POLICY. 

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

10 known as the ‘‘National Commission on U.S. CounterterVerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7028.IH H7028

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1 rorism Policy’’ (in this section referred to as the ‘‘Commis2 sion’’). 

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 they employ 

9 an appropriate mix of available instruments of na10 tional power, comply with the rule of law and respect 

11 for civil rights, civil liberties, and human rights, ap12 propriately focus on existing and emerging terrorism 

13 risks, and are appropriately balanced relative to the 

14 pursuit of other United States interests in an era 

15 when the United States faces a diverse range of 

16 threats from domestic and international terrorism, a 

17 dynamic number of political, economic, and military 

18 competitions around the world, and challenges at 

19 home. 

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

21 the Commission shall study the following: 

22 (1) The evolution of threats to the United 

23 States since September 11, 2001, from international 

24 and domestic terrorism, including an assessment of 

25 potential connections between such threats, and the 


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1 risks such threats pose relative to other threats to 

2 the United States and United States national inter3 ests. 

4 (2) Major lessons learned from United States 

5 counterterrorism objectives, priorities, capabilities, 

6 policies, programs, and activities since September 

7 11, 2001, and the relevance of such lessons for on8 going and future counterterrorism objectives, prior9 ities, policies, programs, and activities. 

10 (3) Ongoing United States counterterrorism ob11 jectives, priorities, capabilities, policies, programs, 

12 and activities, including an assessment of the fol13 lowing: 

14 (A) Any tradeoffs that exist between them. 

15 (B) Their integration, programatically and 

16 organizationally, into wider United States for17 eign and domestic policy. 

18 (C) The instruments used to advance 

19 counterterrorism objectives and identification of 

20 new or modified instruments, if appropriate. 

21 (D) Any impacts on civil rights and civil 

22 liberties in the United States and internation23 ally recognized human rights abroad. 

24 (E) Any impacts on the counterterrorism 

25 policies of partner countries. 


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1 (F) Congressional oversight of such objec2 tives, priorities, capabilities, policies, programs, 

3 and activities. 

4 (4) The legal and policy frameworks for 

5 counterterrorism programs and activities in the 

6 United States and abroad, including adherence to 

7 such frameworks. 

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

9 it seeks to balance counterterrorism objectives and 

10 priorities with a growing number of political, eco11 nomic, and military competitions around the world 

12 and challenges at home, and how to mitigate any 

13 risks such tradeoffs might pose. 

14 (6) Potential new or emerging challenges of 

15 conducting counterterrorism operations in contested 

16 environments, where strategic state competitors such 

17 as Russia, China, or Iran operate. 

18 (7) The state of United States counterterrorism 

19 partnerships, including the willingness, capacity, and 

20 capability of United States counterterrorism part21 ners to combat shared threats. 

22 (8) The policies and operations of private enti23 ties, including the defense industry and technology 

24 and media entities, that have implications for domes25 tic terrorism and international terrorism, including 


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1 implications of involvement of private entities in 

2 United States counterterrorism policies, programs, 

3 and activities. 

4 (9) The effects of United States counterter5 rorism objectives, priorities, capabilities, policies, 

6 programs, and activities on threats from domestic 

7 terrorism and international terrorism. 

8 (10) Ongoing efforts by the executive branch to 

9 measure the effectiveness of counterterrorism poli10 cies, programs, and activities through net assess11 ments and evaluations of lessons learned, including 

12 an assessment of efforts to address factors that con13 tribute to terrorist recruitment and radicalization. 

14 (11) Recommendations on how best to adapt 

15 United States counterterrorism objectives, priorities, 

16 capabilities, policies, programs, and activities to ad17 dress existing and emerging terrorism risks on the 

18 basis of the areas of study specified in this sub19 section and any other findings the Commission de20 termines relevant. 

21 (d) COMPOSITION.— 

22 (1) MEMBERS.—The Commission shall be com23 posed of 12 commissioners, to be appointed as fol24 lows: 


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1 (A) One commissioner appointed by the 

2 chair, with the concurrence of the ranking 

3 member, of each of the appropriate congres4 sional committees. 

5 (B) A chairperson, appointed by the 

6 Speaker of the House of Representatives, with 

7 the concurrence of the minority leader of the 

8 House of Representatives. 

9 (C) A vice-chairperson, appointed by the 

10 majority leader of the Senate, with the concur11 rence of the minority leader of the Senate. 

12 (2) QUALIFICATIONS.—Individuals appointed to 

13 the Commission shall be United States persons with 

14 relevant counterterrorism experience in diplomacy, 

15 law enforcement, the Armed Forces, law, public ad16 ministration, intelligence, academia, human rights, 

17 civil rights, or civil liberties. The appointment of in18 dividuals to the Commission shall, to the extent pos19 sible, be coordinated among nominations to ensure 

20 Commission membership represents a variety of ex21 pertise in such fields. At least one of the commis22 sioners shall possess a civil rights or civil liberties 

23 background, and one commissioner shall possess an 

24 international human rights background. 


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1 (3) PROHIBITIONS.—An individual appointed to 

2 the Commission may not be— 

3 (A) a Member of Congress, including a 

4 Delegate or Resident Commissioner, an em5 ployee or official of any other branch of the 

6 Federal Government, or an employee or official 

7 of any State, territory, county, or municipality 

8 in the United States; or 

9 (B) a registered lobbyist. 

10 (4) CONFLICTS OF INTEREST.—An individual 

11 appointed to the Commission shall disclose any fi12 nancial gains from private sector employment con13 ducted in support of United States counterterrorism 

14 policies, programs, or activities at any time since the 

15 September 11 attacks. 

16 (5) DEADLINE FOR APPOINTMENT OF COMMIS17 SIONERS.—Individuals appointed to the Commission 

18 shall be appointed not later than 30 days after the 

19 date of the enactment of this Act. 

20 (6) PERIOD OF APPOINTMENT.—Each commis21 sioner and the chairperson and vice-chairperson shall 

22 be appointed for the life of the Commission. 

23 (7) VACANCIES.—Any vacancy in the Commis24 sion shall not affect its powers and duties and shall 


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1 be filled in the same manner as the original appoint2 ment within 30 days of such vacancy occurring. 

3 (8) COMPENSATION.—Commissioners and the 

4 chairperson and vice-chairperson shall serve without 

5 pay. 

6 (9) TRAVEL EXPENSES.—Commissioners and 

7 the chairperson and vice-chairperson shall receive 

8 travel expenses, including per diem in lieu of subsist9 ence, in accordance with sections 5702 and 5703 of 

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

11 homes or regular places of business in performance 

12 of services for the Commission. 

13 (e) MEETINGS.— 

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

15 after the appointment of two-thirds of the members 

16 of the Commission, including the chairperson or 

17 vice-chairperson, the Commission shall hold an ini18 tial meeting to develop and implement a schedule for 

19 completion of the review and report required under 

20 paragraph. 

21 (2) SUBSEQUENT MEETINGS.—The Commission 

22 shall meet at the call of the chairperson or a major23 ity of commissioners. 


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1 (3) QUORUM.—Eight members shall constitute 

2 a quorum and members shall have the option to vote 

3 by proxy. 

4 (f) CONSULTATION.—In conducting the review, as5 sessment, and study required under this section, the Com6 mission shall consult with relevant experts in the Federal 

7 Government, academia, law, civil society, and the private 

8 sector. 

9 (g) POWERS OF THE COMMISSION.— 

10 (1) HEARINGS AND EVIDENCE.—For the pur11 poses of carrying out this section, the Commission 

12 may— 

13 (A) hold classified or unclassified hearings, 

14 take testimony, receive evidence, and administer 

15 oaths; and 

16 (B) require, by subpoena authorized by 

17 majority vote of the Commission and issued 

18 under the signature of the chairperson or any 

19 member designated by a majority of the Com20 mission, the attendance and testimony of such 

21 witnesses and the production of such books, 

22 records, correspondence, memoranda, papers, 

23 and documents, as the Commission may deter24 mine advisable. 

25 (2) SUBPOENA ENFORCEMENT.— 


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1 (A) IN GENERAL.—In the case of contu2 macy or failure to obey a subpoena issued 

3 under subsection (c), the United States district 

4 court for the judicial district in which the sub5 poenaed person resides, is served, or may be 

6 found, or where the subpoena is returnable, 

7 may issue an order requiring such person to ap8 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 sum16 moned under authority of this section, the Com17 mission may, by majority vote, certify a state18 ment of fact constituting such failure to the ap19 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 through 104 of the Revised Statutes of the 

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


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1 (3) LIMITATIONS ON SUBPOENA AUTHORITY.— 

2 With respect to the subpoena authority under para3 graph (1)(B), the Commission— 

4 (A) may only issue a subpoena to a mem5 ber of Federal, State, local, Tribal, or territorial 

6 government; 

7 (B) may reference unclassified documents 

8 and information obtained through a subpoena 

9 when conducting interviews to further the Com10 mission’s objectives and may include such docu11 ments and information in the final report, but 

12 may not otherwise share, disclose, publish, or 

13 transmit in any way any information obtained 

14 through a subpoena to another Federal depart15 ment or agency, any agency of a State, local, 

16 Tribal, or territorial government, or any inter17 national body; and 

18 (C) shall comply with requirements for the 

19 issuance of a subpoena issued by a United 

20 States district court under the Federal Rules of 

21 Civil Procedure. 

22 (4) MEETINGS.—The Commission shall— 

23 (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.— 

16 (A) IN GENERAL.—The Library of Con17 gress, the Office of National Drug Control Pol18 icy, the Department of State, and any other 

19 Federal agency shall provide reasonable access 

20 to documents, statistical data, and other such 

21 information the Commission determines nec22 essary to carry out its duties. 

23 (B) OBTAINING INFORMATION.—When de24 termined necessary, the chairperson and vice25 chairperson of the Commission shall submit to 


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1 the head of a Federal agency specified in sub2 paragraph (A) a request in writing for access to 

3 documents, statistical data, or other such infor4 mation described in such subparagraph that is 

5 under the control of such agency. 

6 (3) INFORMATION FROM FEDERAL AGENCIES.— 

7 The Commission is authorized to secure directly 

8 from any executive department, bureau, agency, 

9 board, commission, office, independent establish10 ment, or instrumentality of the Federal Government 

11 information, suggestions, estimates, and statistics 

12 for the purpose of carrying out its duties. Each such 

13 department, bureau, agency, board, commission, of14 fice, independent establishment, or instrumentality 

15 shall, to the extent authorized by law, furnish such 

16 information, suggestions, estimates, and statistics di17 rectly to the Commission, upon request made by the 

18 chairperson, vice-chairperson, or any commissioner 

19 designated by a majority of the Commission. 

20 (4) AUTHORITY TO ACCEPT GIFTS.—The Com21 mission may accept, use, and dispose of gifts or do22 nations of services, goods, and property from non23 Federal entities for the purposes of aiding and facili24 tating the work of the Commission. The authority 

25 provided in this paragraph does not extend to gifts 


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1 of money in any form, or any gifts from private sec2 tor entities with a financial interest in counterter3 rorism products or services, as determined by the 

4 Commission. 

5 (5) AUTHORITY TO CONTRACT.— 

6 (A) IN GENERAL.—The Commission is au7 thorized to enter into contracts, leases, or other 

8 legal agreements with Federal and State agen9 cies, Indian tribes, Tribal entities, private enti10 ties, and individuals for the conduct of activities 

11 necessary to the discharge of its duties. 

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

13 other legal agreement entered into by the Com14 mission under this paragraph may not extend 

15 beyond the date of termination of the Commis16 sion. 

17 (6) INAPPLICABILITY OF FACA.—The Federal 

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

19 apply to the activities of the Commission under this 

20 section. 

21 (7) OFFICE SPACE AND ADMINISTRATIVE SUP22 PORT.—The Architect of the Capitol shall make of23 fice space available for day-to-day activities of the 

24 Commission and for scheduled meetings of the Com25 mission. Upon request, the Architect of the Capitol 


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1 shall provide, on a reimbursable basis, such adminis2 trative support as the Commission requests to carry 

3 out its duties. 

4 (8) ASSISTANCE FROM FEDERAL AGENCIES.— 

5 (A) GENERAL SERVICES ADMINISTRA6 TION.—The Administrator of General Services 

7 shall provide to the Commission on a reimburs8 able basis administrative support and other 

9 services as the Commission requests to carry 

10 out its duties. 

11 (B) FEDERAL AGENCIES.—Federal agen12 cies may provide to the Commission such serv13 ices, funds, facilities, staff, and other support 

14 services as may be determined advisable. 

15 (i) STAFF.— 

16 (1) DIRECTOR.—The chairperson, in consulta17 tion with the vice-chairperson, and in accordance 

18 with rules agreed upon by the Commission, may ap19 point a staff director who shall be paid at a rate not 

20 to exceed the rate of basic pay for level IV of the 

21 Executive Schedule. 

22 (2) STAFF.—With the approval of the Commis23 sion, the staff director may appoint such personnel 

24 as the staff director determines necessary to enable 

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1 sonnel shall be paid at a rate not to exceed the rate 

2 of basic pay for level IV of the Executive Schedule. 

3 (3) APPOINTMENTS AND COMPENSATION.—The 

4 Commission may appoint and fix the compensation 

5 of the staff director and staff without regard to the 

6 provisions of title 5, United States Code, governing 

7 appointments in the competitive service, and without 

8 regard to the provisions of chapter 51 and sub9 chapter III of chapter 53 of such title relating to 

10 classification and General Schedule pay rates, except 

11 that no rate of pay fixed under this subsection may 

12 exceed the equivalent of that payable to a person oc13 cupying a position at level V of the Executive Sched14 ule. 

15 (4) EXPERTS AND CONSULTANTS.—With the 

16 approval of the chairperson, the staff director may 

17 procure temporary and intermittent services under 

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

19 (5) DETAIL OF GOVERNMENT EMPLOYEES.— 

20 Upon the request of the Commission, the head of 

21 any Federal agency may detail, without reimburse22 ment, any of the personnel of such agency to the 

23 Commission to assist in carrying out its duties. Any 

24 such detail shall not interrupt or otherwise affect the 

25 civil service status or privileges of such personnel. 


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1 (6) VOLUNTEER SERVICES.—Notwithstanding 

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

3 Commission may accept and use voluntary and un4 compensated services as the Commission determines 

5 necessary. 

6 (j) SECURITY CLEARANCES FOR COMMISSION MEM7 BERS AND STAFF.—The appropriate Federal agencies or 

8 departments shall cooperate with the Commission in expe9 ditiously providing to the commissioners, including the 

10 chairperson and vice-chairperson, and the staff director 

11 and staff appropriate security clearances to the extent pos12 sible pursuant to existing procedures and requirements, 

13 except that no person shall be provided with access to clas14 sified information without the appropriate security clear15 ances. 

16 (k) FUNDING.—There is authorized to be appro17 priated $4,000,000 to the Commission, to remain available 

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

19 the amounts authorized to be appropriated under this sub20 section, 50 percent shall be derived from the applicable 

21 accounts of the House of Representatives and 50 percent 

22 shall be derived from the contingent fund of the Senate. 

23 (l) TERMINATION.—The Commission shall terminate 

24 on the date that is 90 days after the date on which the 


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1 Commission submits the report required by subsection 

2 (m). 

3 (m) REPORT.— 

4 (1) REPORT.—Not later than 540 days after 

5 the initial meeting of the Commission under sub6 section (e), the Commission shall submit to the ap7 propriate congressional committees an unclassified 

8 report that includes the following: 

9 (A) The findings, conclusions, and rec10 ommendations of the Commission pursuant to 

11 the review and assessment under subsection (b) 

12 and areas of study specified in subsection (c). 

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

15 Commission consulted in accordance with sub16 section (f), attributed in accordance with the 

17 preference expressed by such individual. 

18 (2) CLASSIFIED ANNEX.—The report required 

19 under this subsection may include a classified annex. 

20 (3) PUBLIC RELEASE.—With the exception of 

21 any classified annex under paragraph (2), the Com22 mission shall make the report required under this 

23 subsection publicly available within seven days of 

24 submission to the appropriate congressional commit25 tees. 


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1 (n) DEFINITIONS.—In this section: 

2 (1) APPROPRIATE CONGRESSIONAL COMMIT3 TEES.—The term ‘‘appropriate congressional com4 mittees’’ means the Committee on Foreign Affairs, 

5 the Permanent Select Committee on Intelligence, the 

6 Committee on Armed Services, the Committee on 

7 Homeland Security, and the Committee on the Judi8 ciary of the House of Representatives; and the Com9 mittee on Foreign Relations, the Select Committee 

10 on Intelligence, the Committee on Armed Services, 

11 the Committee on Homeland Security and Govern12 mental Affairs, and the Committee on the Judiciary 

13 of the Senate. 

14 (2) DOMESTIC TERRORISM.—The term ‘‘domes15 tic terrorism’’ has the meaning given such term in 

16 section 2331 of title 18, United States Code. 

17 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

18 has the meaning given such term in section 4 of the 

19 Indian Self-Determination and Education Assistance 

20 Act of 1975 (25 U.S.C. 5304). 

21 (4) INTERNATIONAL TERRORISM.—The term 

22 ‘‘international terrorism’’ has the meaning given 

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

24 Code. 


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1 (5) REGISTERED LOBBYIST.—The term ‘‘reg2 istered lobbyist’’ means a lobbyist described in sec3 tion 3 of the Lobbying Disclosure Act of 1995 (2 

4 U.S.C. 1603). 

Æ 


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