I 
118TH CONGRESS 
1ST SESSION H. R. 5412 
To establish the United States Commission on an Open Society with Security. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 12, 2023 
Ms. NORTON introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee 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. 
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 of 2023’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) an open society which affords free access to 
public facilities and spaces and which protects the 
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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 in accordance with sub-
section (d)(1) from among individuals representing such 
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fields or groups as the following: architecture, technology, 
civil libertarians, humanists, members of the Armed 
Forces, Federal Government employees, city planners, 
business leaders, lawyers, artists, public building security, 
engineers, philosophers, historians, sociologists, and psy-
chologists. The President shall designate one of those 
members to be the Chairperson 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.—Appointments 
to 
the 
Commission shall be made as follows: 
(A) Nine members appointed by the Presi-
dent. 
(B) Three members appointed by the 
Speaker of the House of Representatives. 
(C) Three members appointed by the mi-
nority leader of the House of Representatives. 
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(D) Three members appointed by the ma-
jority leader of the Senate. 
(E) Three members appointed by the mi-
nority leader of the Senate. 
(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 
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-
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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; 
(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 
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