,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dhid ,,in ,,the ,,house ,,of ,,representatives ,june #ah1 #bjad ,ms4 ,norton introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,homeland ,security1 for a period to be subsequently determined by the ,speaker1 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 ,security4 #a4 ,short title ,this ,act may be cited as the ,united ,states ,commission on an ,open ,society with ,security ,act of #bjad4 #b4 ,findings ,congress finds that-- 7#a7 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 premise of ,american governmental institutions and democratic values2 7#b7 the ,united ,states is currently facing a challenge to the safety and security of the public1 public employees1 and public facilities and spaces that is unique in the history of this ,nation2 7#c7 to meet this challenge without eroding or harming any of the basic tenets of the ,republic and of our democracy1 this ,nation needs to assemble the best thinking available2 and 7#d7 a commission of experts from a broad base of disciplines and backgrounds is necessary to examine all the factors that should be considered in securing public safety from terrorist attacks while maintaining the highest level of free and open access to the public4 #c4 ,establishment of ,commission 7a7 ,establishment ,there is established a commission to be known as the ,united ,states ,commission on an ,open ,society with ,security 7in this ,act referred to as the ,commission74 7b7 ,composition ,the ,commission shall be composed of #ba members appointed in accordance with subsection 7d77#a7 from among individuals representing such fields or groups as the following3 architecture1 technology1 civil libertarians1 humanists1 members of the ,armed ,forces1 ,federal ,government employees1 city planners1 business leaders1 lawyers1 artists1 public building security1 engineers1 philosophers1 historians1 sociologists1 and psychologists4 ,the ,president shall designate one of those members to be the ,chairperson of the ,commission4 7c7 ,terms2 quorum2 meetings2 vacancies ,members shall be appointed for the life of the ,commission4 ,nine members of the ,commission shall constitute a quorum1 but a lesser number may hold hearings4 ,after its initial meeting1 the ,commission shall meet at the call of the ,chairperson of the ,commission or a majority of its members4 ,any vacancy in the ,commission shall not affect its powers and shall be filled in the same manner as the original appointment4 7d7 ,appointments2 initial meeting 7#a7 ,appointments ,appointments to the ,commission shall be made as follows3 7,a7 #i members appointed by the ,president4 7,b7 #c members appointed by the ,speaker of the ,house of ,representatives4 7,c7 #c members appointed by the ,minority ,leader of the ,house of ,representatives4 7,d7 #c members appointed by the ,majority ,leader of the ,senate4 7,e7 #c members appointed by the ,minority ,leader of the ,senate4 7#b7 ,initial meeting ,if1 after #ij days following the date of enactment of this ,act1 #i or more members of the ,commission have been appointed1 the members who have been appointed may meet1 and the ,chairperson shall have the authority to begin the operations of the ,commission1 including the hiring of staff4 #d4 ,functions of ,commission 7a7 ,in general ,the ,commission shall study and make findings and recommendations relating to the question of how the ,government of the ,united ,states may provide1 in a balanced manner1 for both security in and public access to ,federal buildings and other ,federal property and sites4 7b7 ,matters ,to be examined ,in carrying out this ,act1 the ,commission shall specifically examine matters that relate to the security of1 and open access to1 public facilities and spaces1 including-- 7#a7 ,federal1 other governmental1 and private security practices and proposals1 building design1 public space management1 counterterrorism needs1 and refurbishment of existing ,federal facilities2 7#b7 the effect of access to public facilities and spaces on-- 7,a7 maintenance of security and safety2 7,b7 free speech1 the right to petition the ,government1 and other constitutional rights and civil liberties2 7,c7 economies of affected jurisdictions or parts thereof2 7,d7 physical changes and architectural aesthetics of affected areas2 7,e7 traffic and congestion2 and 7,f7 job performance of employees within the affected facilities2 7#c7 current and potential uses of technology to augment or replace traditional modes of security2 7#d7 practices of and comparisons with other entities and nations2 and 7#e7 current and potential analytical methods of assessing the risks posed by the various forms of terrorism1 balanced against the specific needs and values of open access4 7c7 ,coordination of activities ,the ,commission shall take appropriate measures to avoid unnecessary duplication of efforts previously or currently being undertaken by any other person or entity4 #e4 ,powers of ,commission 7a7 ,in general ,the ,commission or1 on the authorization of the ,commission1 any member or agent of the ,commission may hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,commission considers appropriate to carry out this ,act4 7b7 ,obtaining official information ,the ,commission may secure directly from any department1 agency1 or other entity of the ,united ,states information necessary to enable it to carry out this ,act4 ,upon request of the ,chairperson of the ,commission1 the head of such governmental entity shall furnish1 to the extent authorized by law1 such information to the ,commission4 7c7 ,security 7#a7 ,security clearances ,the members and staff of the ,commission shall hold1 as a condition of appointment to or employment with the ,commission1 appropriate security clearances for access to the classified briefing1 records1 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 directives4 7#b7 ,conditions to granting access ,the head of an agency shall require1 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 ,act1 require the member to-- 7,a7 execute an agreement regarding the security of such records or materials that is approved by the head of the agency2 and 7,b7 hold an appropriate security clearance granted or recognized under the standard procedures and eligibility criteria of the agency1 including any special access approval required for access to such records or materials4 7#c7 ,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 ,commission for nonofficial purposes4 7#d7 ,need to know ,for purposes of any law or regulation governing access to classified information that pertains to the national security of the ,united ,states and to facilitate the advisory functions of the ,commission under this ,act1 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 material4 7#e7 ,rule of construction ,a reference in this subsection to the staff of the ,commission includes individuals described in sections #f7;d7 and #f7;e74 7d7 ,mails ,the ,commission may use the ,united ,states mails in the same manner and under the same conditions as other departments and agencies of the ,united ,states4 7e7 ,gifts ,the ,commission may accept1 use1 and dispose of gifts or donations of services or property4 7f7 ,administrative support services ,the ,administrator of ,general ,services shall provide to the ,commission1 on a reimbursable basis1 such administrative support services as the ,commission may request4 #f4 ,personnel matters 7a7 ,compensation of members ,members of the ,commission shall not be compensated by reason of their service on the ,commission4 7b7 ,travel expenses ,the members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,commission4 7c7 ,staff ,subject to such rules as the ,commission may prescribe1 the ,chairperson of the ,commission1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title 7relating to classification and ,general ,schedule pay rates71 may 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 functions2 except that no rate of pay fixed under this subsection may exceed the maximum rate of basic pay payable for ,,gs-#ae of the ,general ,schedule4 7d7 ,staff of ,federal agencies ,upon request of the ,chairperson of the ,commission1 the head of any department or agency of the ,united ,states may detail1 on a nonreimbursable basis1 any of the personnel of that department or agency to the ,commission to assist it in carrying out its functions under this ,act4 7e7 ,experts and consultants ,with the approval of the ,commission1 the ,chairperson of the ,commission may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 at rates for individuals not to exceed the daily equivalent of the maximum rate of basic pay payable for ,,gs-#ae of the ,general ,schedule4 #g4 ,report 7a7 ,submission to the ,president ,the ,commission shall transmit its final report to the ,president not later than #b years after the initial meeting of the ,commission4 ,such report shall contain a detailed statement of the findings and conclusions of the ,commission1 together with its recommendations for such legislative1 administrative1 or other action as the ,commission considers appropriate4 7b7 ,submission to the ,congress ,not later than #f months after receiving the final report of the ,commission under subsection 7a71 the ,president shall transmit such report to ,congress1 together with any comments or recommendations 7including any proposed legislation7 which the ,president considers appropriate4 #h4 ,termination of ,commission ,the ,commission shall terminate on the #ijth day after the date on which the ,commission is required to submit its final report under section #g7;a74 #i4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this ,act-- 7#a7 #e1jjj1jjj for fiscal year #bjae2 and 7#b7 #e1jjj1jjj for fiscal year #bjaf4