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107TH CONGRESS
2D SESSION
H. R. 4860
To establish the United States Commission on an Open Society with Security.
IN THE HOUSE OF REPRESENTATIVES
JUNE 4, 2002
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘United States Commis-
sion on an Open Society with Security Act’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) an open society which affords free access to
public facilities and spaces and which protects the
right to engage in open discussion is an essential
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ment employees, city planners, business leaders, lawyers,
artists, public building security, engineers, philosophers,
historians, sociologists, and psychologists. The President
shall designate one of those members to be the Chair-
person of the Commission.
(c) TERMS; QUORUM; MEETINGS; VACANCIES.—
Members shall be appointed for the life of the Commission.
Nine members of the Commission shall constitute a
quorum, but a lesser number may hold hearings. After its
initial meeting, the Commission shall meet at the call of
the Chairperson of the Commission or a majority of its
members. Any vacancy in the Commission shall not affect
its powers, and shall be filled in the same manner as the
original appointment.
(d) APPOINTMENTS; INITIAL MEETING.—
(1) APPOINTMENTS.—It is the sense of the
Congress that the members of the Commission
should be appointed by not later than 90 days after
the date of enactment of this Act.
(2) INITIAL MEETING.—If, after 90 days fol-
lowing the date of enactment of this Act, 9 or more
members of the Commission have been appointed,
the members who have been appointed may meet,
and the Chairperson shall have the authority to
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begin the operations of the Commission, including
the hiring of staff.
SEC. 4. FUNCTIONS OF COMMISSION.
(a) IN GENERAL.—The Commission shall study and
make findings and recommendations relating to the ques-
tion of how the Government of the United States may,
in a balanced manner, provide for both security in and
public access to Federal buildings and spaces.
(b) MATTERS TO BE EXAMINED.—In carrying out
this Act, the Commission shall specifically examine mat-
ters that relate to the security of, and open access to, pub-
lic facilities and spaces, including—
(1) Federal, other governmental, and private se-
curity practices and proposals, building design, pub-
lic space management, counterterrorism needs, and
refurbishment of existing Federal facilities;
(2) effect of access to public facilities and
spaces on—
(A) maintenance of security and safety;
(B) free speech, the right to petition the
government, and other constitutional rights and
civil liberties;
(C) economies of affected jurisdictions or
parts thereof;
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(D) physical changes and architectural aes-
thetics of affected areas;
(E) traffic and congestion; and
(F) job performance of employees within
the affected facilities;
(3) current and potential uses of technology to
augment or replace traditional modes of security;
(4) practices of and comparisons with other en-
tities and nations; and
(5) current and potential analytical methods of
assessing the risks posed by terrorist and similar
threats, balanced against the specific needs and val-
ues of open access.
(c) COORDINATION OF ACTIVITIES.—The Commis-
sion shall take appropriate measures to avoid unnecessary
duplication of efforts previously or then currently being
undertaken by any other person or entity.
SEC. 5. POWERS OF COMMISSION.
(a) IN GENERAL.—The Commission or, on the au-
thorization of the Commission, any member or agent of
the Commission, may hold such hearings, sit and act at
such times and places, take such testimony, and receive
such evidence, as the Commission considers appropriate
to carry out this Act.
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(b) OBTAINING OFFICIAL INFORMATION.—The Com-
mission may secure directly from any department, agency,
or other entity of the United States information necessary
to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of such govern-
mental entity shall, to the extent authorized by law, fur-
nish such information to the Commission.
(c) SECURITY.—
(1) SECURITY
CLEARANCES.—The members
and staff of the Commission shall, as a condition of
appointment to or employment with the Commission,
hold appropriate security clearances for access to the
classified briefing, records, and materials to be re-
viewed by the Commission or its staff, and shall fol-
low the guidance and practices on security under ap-
plicable Executive orders and agency directives.
(2) CONDITIONS TO GRANTING ACCESS.—The
head of an agency shall, as a condition of granting
access to a member of the Commission or a member
of the staff of the Commission to classified records
or materials of the agency under this Act, require
the member or the member of the staff, as the case
may be, to—
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(A) execute an agreement regarding the se-
curity of such records or materials that is ap-
proved by the head of the agency; and
(B) hold an appropriate security clearance
granted or recognized under the standard pro-
cedures and eligibility criteria of the agency, in-
cluding any special access approval required for
access to such records or materials.
(3) RESTRICTION ON USE.—The members of
the Commission and the members of the staff of the
Commission may not use any information acquired
in the course of their official activities on the Com-
mission for nonofficial purposes.
(4) NEED TO KNOW.—For purposes of any law
or regulation governing access to classified informa-
tion that pertains to the national security of the
United States, and to facilitate the advisory func-
tions of the Commission under this Act, a member
of the Commission or a member of the staff of the
Commission seeking access to a record or material
under this Act shall be deemed for purposes of this
subsection to have a need to know the contents of
the record or material.
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(5) RULE OF CONSTRUCTION.—A reference in
this subsection to the ‘‘staff of the Commission’’ in-
cludes individuals under section 6(d)–(e).
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
(e) GIFTS.—The Commission may accept, use, and
dispose of gifts or donations of services or property.
(f) ADMINISTRATIVE SUPPORT SERVICES.—The Ad-
ministrator of General Services shall provide to the Com-
mission, on a reimbursable basis, such administrative sup-
port services as the Commission may request.
SEC. 6. PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—Members of the
Commission shall not be compensated by reason of their
service on the Commission.
(b) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of services
for the Commission.
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(c) STAFF.—Subject to such rules as the Commission
may prescribe, the Chairperson of the Commission may,
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title (relating to clas-
sification and General Schedule pay rates), appoint and
fix the pay of a staff director and such other personnel
as may be necessary to enable the Commission to carry
out its functions, except that no rate of pay fixed under
this subsection may exceed the maximum rate of basic pay
payable for GS–15 of the General Schedule.
(d) STAFF OF FEDERAL AGENCIES.—Upon request
of the Chairperson of the Commission, the head of any
department or agency of the United States may detail, on
a nonreimbursable basis, any of the personnel of that de-
partment or agency to the Commission to assist it in car-
rying out its functions under this Act.
(e) EXPERTS
AND CONSULTANTS.—With the ap-
proval of the Commission, the Chairperson of the Commis-
sion may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, at
rates for individuals not to exceed the daily equivalent of
the maximum rate of basic pay payable for GS–15 of the
General Schedule.
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SEC. 7. REPORT.
(a) SUBMISSION TO THE PRESIDENT.—The Commis-
sion shall transmit its final report to the President not
later than 2 years after the initial meeting of the Commis-
sion. Such report shall contain a detailed statement of the
findings and conclusions of the Commission, together with
its recommendations for such legislative, administrative,
or other action as the Commission considers appropriate.
(b) SUBMISSION TO THE CONGRESS.—Not later than
6 months after receiving the final report of the Commis-
sion under subsection (a), the President shall transmit
such report to the Congress, together with any comments
or recommendations (including any proposed legislation)
which the President considers appropriate.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall terminate on the 90th day
after the date on which the Commission is required to sub-
mit its final report under section 7(a).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this Act—
(1) $5,000,000 for fiscal year 2003; and
(2) $5,000,000 for fiscal year 2004.
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