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. 
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 ‘‘National Commission 
on U.S. Counterterrorism Policy Act of 2020’’. 
SEC. 2. NATIONAL COMMISSION ON U.S. COUNTERTER-
RORISM POLICY. 
(a) ESTABLISHMENT.—There is established an inde-
pendent commission within the legislative branch to be 
known as the ‘‘National Commission on U.S. Counterter-
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rorism Policy’’ (in this section referred to as the ‘‘Commis-
sion’’). 
(b) PURPOSE.—The Commission shall— 
(1) review United States counterterrorism ob-
jectives, priorities, capabilities, policies, programs, 
and activities; and 
(2) assess how to adapt and prioritize such poli-
cies, programs, and activities to ensure they employ 
an appropriate mix of available instruments of na-
tional power, comply with the rule of law and respect 
for civil rights, civil liberties, and human rights, ap-
propriately focus on existing and emerging terrorism 
risks, and are appropriately balanced relative to the 
pursuit of other United States interests in an era 
when the United States faces a diverse range of 
threats from domestic and international terrorism, a 
dynamic number of political, economic, and military 
competitions around the world, and challenges at 
home. 
(c) STUDY AREAS.—In carrying out subsection (b), 
the Commission shall study the following: 
(1) The evolution of threats to the United 
States since September 11, 2001, from international 
and domestic terrorism, including an assessment of 
potential connections between such threats, and the 
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risks such threats pose relative to other threats to 
the United States and United States national inter-
ests. 
(2) Major lessons learned from United States 
counterterrorism objectives, priorities, capabilities, 
policies, programs, and activities since September 
11, 2001, and the relevance of such lessons for on-
going and future counterterrorism objectives, prior-
ities, policies, programs, and activities. 
(3) Ongoing United States counterterrorism ob-
jectives, priorities, capabilities, policies, programs, 
and activities, including an assessment of the fol-
lowing: 
(A) Any tradeoffs that exist between them. 
(B) Their integration, programatically and 
organizationally, into wider United States for-
eign and domestic policy. 
(C) The instruments used to advance 
counterterrorism objectives and identification of 
new or modified instruments, if appropriate. 
(D) Any impacts on civil rights and civil 
liberties in the United States and internation-
ally recognized human rights abroad. 
(E) Any impacts on the counterterrorism 
policies of partner countries. 
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(F) Congressional oversight of such objec-
tives, priorities, capabilities, policies, programs, 
and activities. 
(4) The legal and policy frameworks for 
counterterrorism programs and activities in the 
United States and abroad, including adherence to 
such frameworks. 
(5) The tradeoffs the United States may face as 
it seeks to balance counterterrorism objectives and 
priorities with a growing number of political, eco-
nomic, and military competitions around the world 
and challenges at home, and how to mitigate any 
risks such tradeoffs might pose. 
(6) Potential new or emerging challenges of 
conducting counterterrorism operations in contested 
environments, where strategic state competitors such 
as Russia, China, or Iran operate. 
(7) The state of United States counterterrorism 
partnerships, including the willingness, capacity, and 
capability of United States counterterrorism part-
ners to combat shared threats. 
(8) The policies and operations of private enti-
ties, including the defense industry and technology 
and media entities, that have implications for domes-
tic terrorism and international terrorism, including 
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implications of involvement of private entities in 
United States counterterrorism policies, programs, 
and activities. 
(9) The effects of United States counterter-
rorism objectives, priorities, capabilities, policies, 
programs, and activities on threats from domestic 
terrorism and international terrorism. 
(10) Ongoing efforts by the executive branch to 
measure the effectiveness of counterterrorism poli-
cies, programs, and activities through net assess-
ments and evaluations of lessons learned, including 
an assessment of efforts to address factors that con-
tribute to terrorist recruitment and radicalization. 
(11) Recommendations on how best to adapt 
United States counterterrorism objectives, priorities, 
capabilities, policies, programs, and activities to ad-
dress existing and emerging terrorism risks on the 
basis of the areas of study specified in this sub-
section and any other findings the Commission de-
termines relevant. 
(d) COMPOSITION.— 
(1) MEMBERS.—The Commission shall be com-
posed of 12 commissioners, to be appointed as fol-
lows: 
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(A) One commissioner appointed by the 
chair, with the concurrence of the ranking 
member, of each of the appropriate congres-
sional committees. 
(B) A chairperson, appointed by the 
Speaker of the House of Representatives, with 
the concurrence of the minority leader of the 
House of Representatives. 
(C) A vice-chairperson, appointed by the 
majority leader of the Senate, with the concur-
rence of the minority leader of the Senate. 
(2) QUALIFICATIONS.—Individuals appointed to 
the Commission shall be United States persons with 
relevant counterterrorism experience in diplomacy, 
law enforcement, the Armed Forces, law, public ad-
ministration, intelligence, academia, human rights, 
civil rights, or civil liberties. The appointment of in-
dividuals to the Commission shall, to the extent pos-
sible, be coordinated among nominations to ensure 
Commission membership represents a variety of ex-
pertise in such fields. At least one of the commis-
sioners shall possess a civil rights or civil liberties 
background, and one commissioner shall possess an 
international human rights background. 
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(3) PROHIBITIONS.—An individual appointed to 
the Commission may not be— 
(A) a Member of Congress, including a 
Delegate or Resident Commissioner, an em-
ployee or official of any other branch of the 
Federal Government, or an employee or official 
of any State, territory, county, or municipality 
in the United States; or 
(B) a registered lobbyist. 
(4) CONFLICTS OF INTEREST.—An individual 
appointed to the Commission shall disclose any fi-
nancial gains from private sector employment con-
ducted in support of United States counterterrorism 
policies, programs, or activities at any time since the 
September 11 attacks. 
(5) DEADLINE FOR APPOINTMENT OF COMMIS-
SIONERS.—Individuals appointed to the Commission 
shall be appointed not later than 30 days after the 
date of the enactment of this Act. 
(6) PERIOD OF APPOINTMENT.—Each commis-
sioner and the chairperson and vice-chairperson shall 
be appointed for the life of the Commission. 
(7) VACANCIES.—Any vacancy in the Commis-
sion shall not affect its powers and duties and shall 
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be filled in the same manner as the original appoint-
ment within 30 days of such vacancy occurring. 
(8) COMPENSATION.—Commissioners and the 
chairperson and vice-chairperson shall serve without 
pay. 
(9) TRAVEL
EXPENSES.—Commissioners and 
the chairperson and vice-chairperson shall receive 
travel expenses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and 5703 of 
title 5, United States Code, while away from their 
homes or regular places of business in performance 
of services for the Commission. 
(e) MEETINGS.— 
(1) INITIAL MEETING.—Not later than 30 days 
after the appointment of two-thirds of the members 
of the Commission, including the chairperson or 
vice-chairperson, the Commission shall hold an ini-
tial meeting to develop and implement a schedule for 
completion of the review and report required under 
paragraph. 
(2) SUBSEQUENT MEETINGS.—The Commission 
shall meet at the call of the chairperson or a major-
ity of commissioners. 
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(3) QUORUM.—Eight members shall constitute 
a quorum and members shall have the option to vote 
by proxy. 
(f) CONSULTATION.—In conducting the review, as-
sessment, and study required under this section, the Com-
mission shall consult with relevant experts in the Federal 
Government, academia, law, civil society, and the private 
sector. 
(g) POWERS OF THE COMMISSION.— 
(1) HEARINGS AND EVIDENCE.—For the pur-
poses of carrying out this section, the Commission 
may— 
(A) hold classified or unclassified hearings, 
take testimony, receive evidence, and administer 
oaths; and 
(B) require, by subpoena authorized by 
majority vote of the Commission and issued 
under the signature of the chairperson or any 
member designated by a majority of the Com-
mission, the attendance and testimony of such 
witnesses and the production of such books, 
records, correspondence, memoranda, papers, 
and documents, as the Commission may deter-
mine advisable. 
(2) SUBPOENA ENFORCEMENT.— 
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(A) IN GENERAL.—In the case of contu-
macy or failure to obey a subpoena issued 
under subsection (c), the United States district 
court for the judicial district in which the sub-
poenaed person resides, is served, or may be 
found, or where the subpoena is returnable, 
may issue an order requiring such person to ap-
pear at any designated place to testify or to 
produce documentary or other evidence. Any 
failure to obey the order of the court may be 
punished by the court as a contempt of that 
court. 
(B) ADDITIONAL ENFORCEMENT.—In the 
case of any failure of any witness to comply 
with any subpoena or to testify when sum-
moned under authority of this section, the Com-
mission may, by majority vote, certify a state-
ment of fact constituting such failure to the ap-
propriate United States attorney, who may 
bring the matter before the grand jury for its 
action, under the same statutory authority and 
procedures as if the United States attorney had 
received a certification under sections 102 
through 104 of the Revised Statutes of the 
United States (2 U.S.C. 192 through 194). 
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(3) LIMITATIONS ON SUBPOENA AUTHORITY.— 
With respect to the subpoena authority under para-
graph (1)(B), the Commission— 
(A) may only issue a subpoena to a mem-
ber of Federal, State, local, Tribal, or territorial 
government; 
(B) may reference unclassified documents 
and information obtained through a subpoena 
when conducting interviews to further the Com-
mission’s objectives and may include such docu-
ments and information in the final report, but 
may not otherwise share, disclose, publish, or 
transmit in any way any information obtained 
through a subpoena to another Federal depart-
ment or agency, any agency of a State, local, 
Tribal, or territorial government, or any inter-
national body; and 
(C) shall comply with requirements for the 
issuance of a subpoena issued by a United 
States district court under the Federal Rules of 
Civil Procedure. 
(4) MEETINGS.—The Commission shall— 
(A) hold public hearings and meetings; 
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(B) hold classified hearings or meetings, if 
necessary to discuss classified material or infor-
mation; and 
(C) provide an opportunity for public com-
ment, including sharing of research and policy 
analysis, through publication in the Federal 
Register of a solicitation for public comments 
during a period to last not fewer than 45 days. 
(h) RESOURCES.— 
(1) AUTHORITY TO USE THE UNITED STATES 
MAILS.—The Commission may use the United States 
mails in the same manner and under the same con-
ditions as other Federal agencies. 
(2) DOCUMENTS, 
STATISTICAL
DATA
AND 
OTHER SUCH INFORMATION.— 
(A) IN GENERAL.—The Library of Con-
gress, the Office of National Drug Control Pol-
icy, the Department of State, and any other 
Federal agency shall provide reasonable access 
to documents, statistical data, and other such 
information the Commission determines nec-
essary to carry out its duties. 
(B) OBTAINING INFORMATION.—When de-
termined necessary, the chairperson and vice- 
chairperson of the Commission shall submit to 
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the head of a Federal agency specified in sub-
paragraph (A) a request in writing for access to 
documents, statistical data, or other such infor-
mation described in such subparagraph that is 
under the control of such agency. 
(3) INFORMATION FROM FEDERAL AGENCIES.— 
The Commission is authorized to secure directly 
from any executive department, bureau, agency, 
board, commission, office, independent establish-
ment, or instrumentality of the Federal Government 
information, suggestions, estimates, and statistics 
for the purpose of carrying out its duties. Each such 
department, bureau, agency, board, commission, of-
fice, independent establishment, or instrumentality 
shall, to the extent authorized by law, furnish such 
information, suggestions, estimates, and statistics di-
rectly to the Commission, upon request made by the 
chairperson, vice-chairperson, or any commissioner 
designated by a majority of the Commission. 
(4) AUTHORITY TO ACCEPT GIFTS.—The Com-
mission may accept, use, and dispose of gifts or do-
nations of services, goods, and property from non- 
Federal entities for the purposes of aiding and facili-
tating the work of the Commission. The authority 
provided in this paragraph does not extend to gifts 
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of money in any form, or any gifts from private sec-
tor entities with a financial interest in counterter-
rorism products or services, as determined by the 
Commission. 
(5) AUTHORITY TO CONTRACT.— 
(A) IN GENERAL.—The Commission is au-
thorized to enter into contracts, leases, or other 
legal agreements with Federal and State agen-
cies, Indian tribes, Tribal entities, private enti-
ties, and individuals for the conduct of activities 
necessary to the discharge of its duties. 
(B) TERMINATION.—A contract, lease, or 
other legal agreement entered into by the Com-
mission under this paragraph may not extend 
beyond the date of termination of the Commis-
sion. 
(6) INAPPLICABILITY OF FACA.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the activities of the Commission under this 
section. 
(7) OFFICE SPACE AND ADMINISTRATIVE SUP-
PORT.—The Architect of the Capitol shall make of-
fice space available for day-to-day activities of the 
Commission and for scheduled meetings of the Com-
mission. Upon request, the Architect of the Capitol 
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shall provide, on a reimbursable basis, such adminis-
trative support as the Commission requests to carry 
out its duties. 
(8) ASSISTANCE FROM FEDERAL AGENCIES.— 
(A) 
GENERAL
SERVICES
ADMINISTRA-
TION.—The Administrator of General Services 
shall provide to the Commission on a reimburs-
able basis administrative support and other 
services as the Commission requests to carry 
out its duties. 
(B) FEDERAL
AGENCIES.—Federal agen-
cies may provide to the Commission such serv-
ices, funds, facilities, staff, and other support 
services as may be determined advisable. 
(i) STAFF.— 
(1) DIRECTOR.—The chairperson, in consulta-
tion with the vice-chairperson, and in accordance 
with rules agreed upon by the Commission, may ap-
point a staff director who shall be paid at a rate not 
to exceed the rate of basic pay for level IV of the 
Executive Schedule. 
(2) STAFF.—With the approval of the Commis-
sion, the staff director may appoint such personnel 
as the staff director determines necessary to enable 
the Commission to carry out its duties. Such per-
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