I 

111TH CONGRESS 

1ST SESSION H. R. 3555 

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

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 10, 2009 

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 by the President from 

25 among individuals representing such fields or groups as 


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1 the following: architecture, technology, civil libertarians, 

2 humanists, members of the Armed Forces, Federal Gov3 ernment employees, city planners, business leaders, law4 yers, artists, public building security, engineers, philoso5 phers, historians, sociologists, and psychologists. The 

6 President shall designate one of those members to be the 

7 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.—It is the sense of Con19 gress that the members of the Commission should be 

20 appointed by not later than 90 days after the date 

21 of enactment of this Act. 

22 (2) INITIAL MEETING.—If, after 90 days fol23 lowing the date of enactment of this Act, 9 or more 

24 members of the Commission have been appointed, 

25 the members who have been appointed may meet, 


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1 and the Chairperson shall have the authority to 

2 begin the operations of the Commission, including 

3 the hiring of staff. 

4 SEC. 4. FUNCTIONS OF COMMISSION. 

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

6 make findings and recommendations relating to the ques7 tion of how the Government of the United States may pro8 vide, in a balanced manner, for both security in and public 

9 access to Federal buildings and other Federal property 

10 and sites. 

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

12 this Act, the Commission shall specifically examine mat13 ters that relate to the security of, and open access to, pub14 lic facilities and spaces, including— 

15 (1) Federal, other governmental, and private se16 curity practices and proposals, building design, pub17 lic space management, counterterrorism needs, and 

18 refurbishment of existing Federal facilities; 

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

20 spaces on— 

21 (A) maintenance of security and safety; 

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

23 Government, and other constitutional rights 

24 and civil liberties; 


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1 (C) economies of affected jurisdictions or 

2 parts thereof; 

3 (D) physical changes and architectural aes4 thetics of affected areas; 

5 (E) traffic and congestion; and 

6 (F) job performance of employees within 

7 the affected facilities; 

8 (3) current and potential uses of technology to 

9 augment or replace traditional modes of security; 

10 (4) practices of and comparisons with other en11 tities and nations; and 

12 (5) current and potential analytical methods of 

13 assessing the risks posed by the various forms of 

14 terrorism, balanced against the specific needs and 

15 values of open access. 

16 (c) COORDINATION OF ACTIVITIES.—The Commis17 sion shall take appropriate measures to avoid unnecessary 

18 duplication of efforts previously or currently being under19 taken by any other person or entity. 

20 SEC. 5. POWERS OF COMMISSION. 

21 (a) IN GENERAL.—The Commission or, on the au22 thorization of the Commission, any member or agent of 

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

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


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1 such evidence as the Commission considers appropriate to 

2 carry out this Act. 

3 (b) OBTAINING OFFICIAL INFORMATION.—The Com4 mission may secure directly from any department, agency, 

5 or other entity of the United States information necessary 

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

7 Chairperson of the Commission, the head of such govern8 mental entity shall furnish, to the extent authorized by 

9 law, such information to the Commission. 

10 (c) SECURITY.— 

11 (1) SECURITY CLEARANCES.—The members 

12 and staff of the Commission shall hold, as a condi13 tion of appointment to or employment with the Com14 mission, appropriate security clearances for access to 

15 the classified briefing, records, and materials to be 

16 reviewed by the Commission or its staff and shall 

17 follow the guidance and practices on security under 

18 applicable Executive orders and agency directives. 

19 (2) CONDITIONS TO GRANTING ACCESS.—The 

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

21 granting access to a member of the Commission or 

22 a member of the staff of the Commission to classi23 fied records or materials of the agency under this 

24 Act, require the member 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 

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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 

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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 2010; and 

23 (2) $5,000,000 for fiscal year 2011. 

Æ 


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