right to engage in open discussion is an essential 
premise of American governmental institutions and 
democratic values; 
(2) the United States is currently facing a chal-
lenge to the safety and security of the public, public 
employees, and public facilities and spaces that is 
unique in the history of this Nation; 
(3) to meet this challenge without eroding or 
harming any of the basic tenets of the Republic and 
of our democracy, this Nation needs to assemble the 
best thinking available; and 
(4) a commission of experts from a broad base 
of disciplines and backgrounds is necessary to exam-
ine all the factors that should be considered in se-
curing public safety from terrorist attacks while 
maintaining the highest level of free and open access 
to the public. 
SEC. 3. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘United States Commission 
on an Open Society with Security’’ (in this Act referred 
to as the ‘‘Commission’’). 
(b) COMPOSITION.—The Commission shall be com-
posed of 21 members appointed by the President from 
among individuals representing such fields or groups as 
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the following: architecture, technology, civil libertarians, 
humanists, members of the armed forces, Federal Govern-
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 Con-
gress 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, 
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and the Chairperson shall have the authority to 
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 pro-
vide, in a balanced manner, for both security in and public 
access to Federal buildings and other Federal property 
and sites. 
(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) the 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; 
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(C) economies of affected jurisdictions or 
parts thereof; 
(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 the various forms of 
terrorism, balanced against the specific needs and 
values of open access. 
(c) COORDINATION OF ACTIVITIES.—The Commis-
sion shall take appropriate measures to avoid unnecessary 
duplication of efforts previously or currently being under-
taken 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 
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such evidence as the Commission considers appropriate to 
carry out this Act. 
(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 furnish, to the extent authorized by 
law, such information to the Commission. 
(c) SECURITY.— 
(1) SECURITY
CLEARANCES.—The members 
and staff of the Commission shall hold, as a condi-
tion of appointment to or employment with the Com-
mission, appropriate security clearances for access to 
the classified briefing, records, and materials to be 
reviewed by the Commission or its staff and shall 
follow the guidance and practices on security under 
applicable Executive orders and agency directives. 
(2) CONDITIONS TO GRANTING ACCESS.—The 
head of an agency shall require, as a condition of 
granting access to a member of the Commission or 
a member of the staff of the Commission to classi-
fied records or materials of the agency under this 
Act, require the member 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. 
(5) RULE OF CONSTRUCTION.—A reference in 
this subsection to the ‘‘staff of the Commission’’ in-
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