National Commission on U.S. Counterterrorism Policy Act of 2020
This bill establishes within the legislative branch the National Commission on U.S. Counterterrorism Policy to review U.S. counterterrorism objectives, priorities, capabilities, policies, programs, and activities, and assess how to adapt and prioritize them.
The commission shall study, among other things
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7028 Introduced in House (IH)]
<DOC>
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 Representatives 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. COUNTERTERRORISM POLICY.
(a) Establishment.--There is established an independent commission
within the legislative branch to be known as the ``National Commission
on U.S. Counterterrorism Policy'' (in this section referred to as the
``Commission'').
(b) Purpose.--The Commission shall--
(1) review United States counterterrorism objectives,
priorities, capabilities, policies, programs, and activities;
and
(2) assess how to adapt and prioritize such policies,
programs, and activities to ensure they employ an appropriate
mix of available instruments of national power, comply with the
rule of law and respect for civil rights, civil liberties, and
human rights, appropriately 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 risks such threats pose relative to other
threats to the United States and United States national
interests.
(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 ongoing and future
counterterrorism objectives, priorities, policies, programs,
and activities.
(3) Ongoing United States counterterrorism objectives,
priorities, capabilities, policies, programs, and activities,
including an assessment of the following:
(A) Any tradeoffs that exist between them.
(B) Their integration, programatically and
organizationally, into wider United States foreign 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 internationally recognized
human rights abroad.
(E) Any impacts on the counterterrorism policies of
partner countries.
(F) Congressional oversight of such objectives,
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, economic, 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 partners to combat
shared threats.
(8) The policies and operations of private entities,
including the defense industry and technology and media
entities, that have implications for domestic terrorism and
international terrorism, including implications of involvement
of private entities in United States counterterrorism policies,
programs, and activities.
(9) The effects of United States counterterrorism
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 policies, programs, and
activities through net assessments and evaluations of lessons
learned, including an assessment of efforts to address factors
that contribute to terrorist recruitment and radicalization.
(11) Recommendations on how best to adapt United States
counterterrorism objectives, priorities, capabilities,
policies, programs, and activities to address existing and
emerging terrorism risks on the basis of the areas of study
specified in this subsection and any other findings the
Commission determines relevant.
(d) Composition.--
(1) Members.--The Commission shall be composed of 12
commissioners, to be appointed as follows:
(A) One commissioner appointed by the chair, with
the concurrence of the ranking member, of each of the
appropriate congressional 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 concurrence 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 administration, intelligence,
academia, human rights, civil rights, or civil liberties. The
appointment of individuals to the Commission shall, to the
extent possible, be coordinated among nominations to ensure
Commission membership represents a variety of expertise in such
fields. At least one of the commissioners shall possess a civil
rights or civil liberties background, and one commissioner
shall possess an international human rights background.
(3) Prohibitions.--An individual appointed to the
Commission may not be--
(A) a Member of Congress, including a Delegate or
Resident Commissioner, an employee 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 financial gains from private
sector employment conducted in support of United States
counterterrorism policies, programs, or activities at any time
since the September 11 attacks.
(5) Deadline for appointment of commissioners.--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 commissioner and the
chairperson and vice-chairperson shall be appointed for the
life of the Commission.
(7) Vacancies.--Any vacancy in the Commission shall not
affect its powers and duties and shall be filled in the same
manner as the original appointment 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 subsistence, 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 initial 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 majority of commissioners.
(3) Quorum.--Eight members shall constitute a quorum and
members shall have the option to vote by proxy.
(f) Consultation.--In conducting the review, assessment, and study
required under this section, the Commission 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 purposes 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 Commission, the attendance and
testimony of such witnesses and the production of such
books, records, correspondence, memoranda, papers, and
documents, as the Commission may determine advisable.
(2) Subpoena enforcement.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under subsection (c),
the United States district court for the judicial
district in which the subpoenaed person resides, is
served, or may be found, or where the subpoena is
returnable, may issue an order requiring such person to
appear 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 summoned under authority of this
section, the Commission may, by majority vote, certify
a statement of fact constituting such failure to the
appropriate 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).
(3) Limitations on subpoena authority.--With respect to the
subpoena authority under paragraph (1)(B), the Commission--
(A) may only issue a subpoena to a member 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 Commission's objectives and
may include such documents 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 department or agency, any
agency of a State, local, Tribal, or territorial
government, or any international 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;
(B) hold classified hearings or meetings, if
necessary to discuss classified material or
information; and
(C) provide an opportunity for public comment,
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 conditions as other Federal agencies.
(2) Documents, statistical data and other such
information.--
(A) In general.--The Library of Congress, the
Office of National Drug Control Policy, the Department
of State, and any other Federal agency shall provide
reasonable access to documents, statistical data, and
other such information the Commission determines
necessary to carry out its duties.
(B) Obtaining information.--When determined
necessary, the chairperson and vice-chairperson of the
Commission shall submit to the head of a Federal agency
specified in subparagraph (A) a request in writing for
access to documents, statistical data, or other such
information 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
establishment, 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, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information, suggestions,
estimates, and statistics directly 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 Commission may accept,
use, and dispose of gifts or donations of services, goods, and
property from non-Federal entities for the purposes of aiding
and facilitating the work of the Commission. The authority
provided in this paragraph does not extend to gifts of money in
any form, or any gifts from private sector entities with a
financial interest in counterterrorism products or services, as
determined by the Commission.
(5) Authority to contract.--
(A) In general.--The Commission is authorized to
enter into contracts, leases, or other legal agreements
with Federal and State agencies, Indian tribes, Tribal
entities, private entities, 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 Commission under this
paragraph may not extend beyond the date of termination
of the Commission.
(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 support.--The Architect
of the Capitol shall make office space available for day-to-day
activities of the Commission and for scheduled meetings of the
Commission. Upon request, the Architect of the Capitol shall
provide, on a reimbursable basis, such administrative support
as the Commission requests to carry out its duties.
(8) Assistance from federal agencies.--
(A) General services administration.--The
Administrator of General Services shall provide to the
Commission on a reimbursable basis administrative
support and other services as the Commission requests
to carry out its duties.
(B) Federal agencies.--Federal agencies may provide
to the Commission such services, funds, facilities,
staff, and other support services as may be determined
advisable.
(i) Staff.--
(1) Director.--The chairperson, in consultation with the
vice-chairperson, and in accordance with rules agreed upon by
the Commission, may appoint 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 Commission, the staff
director may appoint such personnel as the staff director
determines necessary to enable the Commission to carry out its
duties. Such personnel shall be paid at a rate not to exceed
the rate of basic pay for level IV of the Executive Schedule.
(3) Appointments and compensation.--The Commission may
appoint and fix the compensation of the staff director and
staff 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
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the
equivalent of that payable to a person occupying a position at
level V of the Executive Schedule.
(4) Experts and consultants.--With the approval of the
chairperson, the staff director may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(5) Detail of government employees.--Upon the request of
the Commission, the head of any Federal agency may detail,
without reimbursement, any of the personnel of such agency to
the Commission to assist in carrying out its duties. Any such
detail shall not interrupt or otherwise affect the civil
service status or privileges of such personnel.
(6) Volunteer services.--Notwithstanding section 1342 of
title 31, United States Code, the Commission may accept and use
voluntary and uncompensated services as the Commission
determines necessary.
(j) Security Clearances for Commission Members and Staff.--The
appropriate Federal agencies or departments shall cooperate with the
Commission in expeditiously providing to the commissioners, including
the chairperson and vice-chairperson, and the staff director and staff
appropriate security clearances to the extent possible pursuant to
existing procedures and requirements, except that no person shall be
provided with access to classified information without the appropriate
security clearances.
(k) Funding.--There is authorized to be appropriated $4,000,000 to
the Commission, to remain available until the date of termination, to
carry out this Act. Of the amounts authorized to be appropriated under
this subsection, 50 percent shall be derived from the applicable
accounts of the House of Representatives and 50 percent shall be
derived from the contingent fund of the Senate.
(l) Termination.--The Commission shall terminate on the date that
is 90 days after the date on which the Commission submits the report
required by subsection (m).
(m) Report.--
(1) Report.--Not later than 540 days after the initial
meeting of the Commission under subsection (e), the Commission
shall submit to the appropriate congressional committees an
unclassified report that includes the following:
(A) The findings, conclusions, and recommendations
of the Commission pursuant to the review and assessment
under subsection (b) and areas of study specified in
subsection (c).
(B) Summaries of the input and recommendations of
each individual with whom the Commission consulted in
accordance with subsection (f), attributed in
accordance with the preference expressed by such
individual.
(2) Classified annex.--The report required under this
subsection may include a classified annex.
(3) Public release.--With the exception of any classified
annex under paragraph (2), the Commission shall make the report
required under this subsection publicly available within seven
days of submission to the appropriate congressional committees.
(n) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, the Committee on Armed Services, the Committee on
Homeland Security, and the Committee on the Judiciary of the
House of Representatives; and the Committee on Foreign
Relations, the Select Committee on Intelligence, the Committee
on Armed Services, the Committee on Homeland Security and
Governmental Affairs, and the Committee on the Judiciary of the
Senate.
(2) Domestic terrorism.--The term ``domestic terrorism''
has the meaning given such term in section 2331 of title 18,
United States Code.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
5304).
(4) International terrorism.--The term ``international
terrorism'' has the meaning given such term in section 2331 of
title 18, United States Code.
(5) Registered lobbyist.--The term ``registered lobbyist''
means a lobbyist described in section 3 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1603).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
Referred to the Subcommittee on Intelligence and Counterterrorism.
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