,,ii #aafth ,,congress #b;d ,session ,s4 #dafi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #b1 #bjbj,mr4 ,peters introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to establish a ,national ,commission on ,united ,states ,counterterrorism ,policy1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,commission on ,united ,states ,counterterrorism ,policy ,act of #bjbj4 #b4 ,national ,commission on ,united ,states ,counterterrorism ,policy 7a7 ,establishment ,there is established an independent commission within the legislative branch to be known as the ,national ,commission on ,united ,states ,counterterrorism ,policy 7in this section referred to as the ,commission74 7b7 ,purpose ,the ,commission shall-- 7#a7 review ,united ,states counterterrorism objectives1 priorities1 capabilities1 policies1 programs1 and activities2 and 7#b7 assess how to adapt and prioritize such policies1 programs1 and activities to ensure such policies1 programs1 and activities-- 7,a7 employ an appropriate mix of available instruments of national power2 7,b7 comply with the rule of law and respect for civil rights1 civil liberties1 and human rights2 7,c7 appropriately focus on existing and emerging terrorism risks2 and 7,d7 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 terrorism1 a dynamic number of political1 economic1 and military competitions around the world1 and challenges within the ,united ,states4 7c7 ,study areas ,in carrying out subsection 7b71 the ,commission shall study the following3 7#a7 ,the evolution of threats to the ,united ,states since ,september #aa1 #bjja1 from international and domestic terrorism1 including an assessment of potential connections between such threats1 and the risks such threats pose relative to other threats to the ,united ,states and ,united ,states national interests4 7#b7 ,major lessons learned from ,united ,states counterterrorism objectives1 priorities1 capabilities1 policies1 programs and activities since ,september #aa1 #bjja1 and the relevance of such lessons for ongoing and future counterterrorism objectives1 priorities1 policies1 programs1 and activities4 7#c7 ,ongoing ,united ,states counterterrorism objectives1 priorities1 capabilities1 policies1 programs1 and activities1 including an assessment of the following3 7,a7 ,any tradeoffs that exist between such objectives1 priorities1 capabilities1 policies1 programs1 and activities4 7,b7 ,the integration1 programmatically and organizationally1 of such objectives1 priorities1 capabilities1 policies1 programs1 and activities into wider ,united ,states foreign and domestic policy4 7,c7 ,the instruments used to advance counterterrorism objectives and the identification of new or modified instruments1 if appropriate4 7,d7 ,any impacts on civil rights and civil liberties in the ,united ,states and internationally recognized human rights abroad4 7,e7 ,any impacts on the counterterrorism policies of partner countries4 7,f7 ,congressional oversight of such objectives1 priorities1 capabilities1 policies1 programs1 and activities4 7,g7 ,whether counterterrorism resources are appropriately balanced across the range of terrorist threats facing the ,united ,states and across the range of counterterrorism programs and activities conducted by the ,united ,states ,government4 7#d7 ,the legal and policy frameworks for counterterrorism programs and activities in the ,united ,states and abroad1 including adherence to such frameworks4 7#e7 ,the tradeoffs the ,united ,states may face as it seeks to balance counterterrorism objectives and priorities with a growing number of political1 economic1 and military competitions around the world and challenges at home1 and how to mitigate any risks such tradeoffs might pose4 7#f7 ,potential new or emerging challenges of conducting counterterrorism operations in contested environments1 where strategic state competitors such as ,russia1 ,china1 or ,iran operate4 7#g7 ,the state of ,united ,states counterterrorism partnerships1 including the willingness1 capacity1 and capability of ,united ,states counterterrorism partners to combat shared threats4 7#h7 ,the policies and operations of private entities1 including the defense industry and technology and media entities1 that have implications for domestic terrorism and international terrorism1 including implications of involvement of private entities in ,united ,states counterterrorism policies1 programs1 and activities4 7#i7 ,the effects of ,united ,states counterterrorism objectives1 priorities1 capabilities1 policies1 programs1 and activities on threats from domestic terrorism and international terrorism4 7#aj7 ,ongoing efforts by the executive branch to measure the effectiveness of counterterrorism policies1 programs1 and activities through net assessments and evaluations of lessons learned1 including an assessment of efforts to address factors that contribute to terrorist recruitment and radicalization4 7#aa7 ,recommendations on how best to adapt ,united ,states counterterrorism objectives1 priorities1 capabilities1 policies1 programs1 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 relevant4 7d7 ,composition 7#a7 ,members ,the ,commission shall be composed of #ad commissioners1 to be appointed as follows3 7,a7 ,one commissioner appointed by the ,chairman1 with the concurrence of the ranking member1 of each of the appropriate congressional committees4 7,b7 ,a ,chairperson1 appointed by the ,speaker of the ,house of ,representatives1 with the concurrence of the minority leader of the ,house of ,representatives4 7,c7 ,a ,vice-,chairperson1 appointed by the majority leader of the ,senate1 with the concurrence of the minority leader of the ,senate4 7#b7 ,qualifications ,individuals appointed to the ,commission shall be ,united ,states persons with relevant counterterrorism expertise and experience in diplomacy1 law enforcement1 the ,armed ,forces1 law1 public administration1 the legislative branch1 intelligence1 academia1 human rights1 civil rights1 or civil liberties4 ,the leadership of the ,senate and the ,house of ,representatives shall coordinate with the appropriate congressional committees to ensure that ,commission membership represents a variety of expertise in such fields4 ,at least #a of the commissioners shall1 in addition to relevant counterterrorism expertise1 possess a civil rights or civil liberties background and #a of the commissioners shall1 in addition to relevant counterterrorism expertise1 possess an international human rights background4 7#c7 ,prohibitions ,an individual appointed to the ,commission may not be-- 7,a7 a ,member of ,congress1 including a ,delegate or ,resident ,commissioner2 7,b7 an officer or employee of any branch of the ,federal ,government2 7,c7 an employee or official of any ,state1 territory1 county1 or municipality in the ,united ,states2 or 7,d7 a registered lobbyist4 7#d7 ,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 policies1 programs1 or activities at any time since ,september #aa1 #bjja4 7#e7 ,deadline for appointment of commissioners ,individuals appointed to the ,commission shall be appointed not later than #cj days after the date of the enactment of this ,act4 7#f7 ,period of appointment ,each commissioner and the ,chairperson and ,vice-,chairperson shall be appointed for the life of the ,commission4 7#g7 ,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 #cj days of such vacancy occurring4 7#h7 ,compensation ,commissioners and the ,chairperson and ,vice-,chairperson shall serve without pay4 7#i7 ,travel expenses ,commissioners and the ,chairperson and ,vice-,chairperson shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with sections #egjb and #egjc of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in performance of services for the ,commission4 7e7 ,meetings 7#a7 ,initial meeting ,not later than #cj days after the appointment of two-thirds of the members of the ,commission1 including the ,chairperson or ,vice-,chairperson1 the ,commission shall hold an initial meeting to develop and implement a schedule for completion of the review and assessment under subsection 7b7 of the areas of study specified in subsection 7c7 and the report required under subsection 7m77#b74 7#b7 ,subsequent meetings ,the ,commission shall meet at the call of the ,chairperson or a majority of commissioners4 7#c7 ,quorum ,eight members shall constitute a quorum and members shall have the option to vote by proxy4 7f7 ,consultation ,in conducting the review1 assessment1 and study required under this section1 the ,commission shall consult with relevant experts in the ,federal ,government 7including relevant ,members of ,congress and congressional staff71 academia1 law1 civil society1 and the private sector4 7g7 ,powers of the commission 7#a7 ,hearings and evidence ,for the purposes of carrying out this section1 the ,commission may-- 7,a7 hold classified or unclassified hearings1 take testimony1 receive evidence1 and administer oaths2 and 7,b7 subject to paragraph 7#c71 require1 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 ,commission1 the attendance and testimony of such witnesses and the production of such books1 records1 correspondence1 memoranda1 papers1 and documents1 as the ,commission may determine advisable4 7#b7 ,notification of committees ,if the ,commission is unable to obtain testimony or documents needed to conduct its work1 the ,commission shall notify the appropriate congressional committees and appropriate investigative authorities4 7#c7 ,subpoena enforcement 7,a7 ,in general ,in the case of contumacy or failure to obey a subpoena issued under paragraph 7#a77;,b71 the ,united ,states district court for the judicial district in which the subpoenaed person resides1 is served1 or may be found1 or where the subpoena is returnable1 may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence4 ,any failure to obey the order of the court may be punished by the court as a contempt of that court4 7,b7 ,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 section1 the ,commission may1 by majority vote1 certify a statement of fact constituting such failure to the appropriate ,united ,states attorney1 who may bring the matter before the grand jury for its action1 under the same statutory authority and procedures as if the ,united ,states attorney had received a certification under sections #ajb through #ajd of the ,revised ,statutes of the ,united ,states 7#b ,u4,s4,c4 #aib through #aid74 7#d7 ,limitations on subpoena authority ,with respect to the subpoena authority under paragraph 7#a77;,b71 the ,commission-- 7,a7 may only issue a subpoena to a member of ,federal1 ,state1 local1 ,tribal1 or territorial government2 7,b7 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 report1 but may not otherwise share1 disclose1 publish1 or transmit in any way any information obtained through a subpoena to another ,federal department or agency1 any agency of a ,state1 local1 ,tribal1 or territorial government1 or any international body2 and 7,c7 shall comply with requirements for the issuance of a subpoena issued by a ,united ,states district court under the ,federal ,rules of ,civil ,procedure4 7#e7 ,meetings ,the ,commission shall-- 7,a7 hold public hearings and meetings2 7,b7 hold classified hearings or meetings1 if necessary to discuss classified material or information2 and 7,c7 provide an opportunity for public comment1 including sharing of research and policy analysis1 through publication in the ,federal ,register of a solicitation for public comments during a period to last not fewer than #de days4 7h7 ,resources 7#a7 ,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 agencies4 7#b7 ,documents1 statistical data1 and other such information ,upon written request by the ,chairperson1 ,vice-,chairperson1 or any commissioner designated by a majority of the ,commission1 an executive department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality of the ,federal ,government-- 7,a7 shall provide reasonable access to documents1 statistical data1 and other such information the ,commission determines necessary to carry out its duties2 and 7,b7 shall1 to the extent authorized by law1 furnish any information1 suggestions1 estimates1 and statistics the ,commission determines necessary to carry out its duties4 7#c7 ,authority to accept gifts ,the ,commission may accept1 use1 and dispose of gifts or donations of services1 goods1 and property from non-,federal entities for the purposes of aiding and facilitating the work of the ,commission4 ,the authority provided in this paragraph does not extend to gifts of money in any form1 or any gifts from private sector entities with a financial interest in counterterrorism products or services1 as determined by the ,commission4 ,the ,commission shall publish as an addendum to the report under subsection 7m77#b7 a list of all gifts received and the individual or entity from which the gift was received4 7#d7 ,authority to contract 7,a7 ,in general ,the ,commission is authorized to enter into contracts1 leases1 or other legal agreements with ,federal and ,state agencies1 ,indian ,tribes1 ,tribal entities1 private entities1 and individuals for the conduct of activities necessary to the discharge of its duties4 7,b7 ,termination ,a contract1 lease1 or other legal agreement entered into by the ,commission under this paragraph may not extend beyond the date of termination of the ,commission4 7#e7 ,inapplicability of ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the activities of the ,commission under this section4 7#f7 ,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 ,commission4 ,upon request1 the ,architect of the ,capitol shall provide1 on a reimbursable basis1 such administrative support as the ,commission requests to carry out its duties4 7#g7 ,assistance from ,federal agencies 7,a7 ,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 duties4 7,b7 ,federal agencies ,federal agencies may provide to the ,commission such services1 funds1 facilities1 and other support services as may be determined advisable4 7i7 ,staff 7#a7 ,staff director ,the ,chairperson1 in consultation with the ,vice-,chairperson1 and in accordance with rules agreed upon by the ,commission1 may appoint a staff director4 7#b7 ,staff ,with the approval of the ,commission1 the staff director may appoint such employees as the staff director determines necessary to enable the ,commission to carry out its duties4 7#c7 ,staff qualifications ,the staff director shall ensure employees of the ,commission have relevant counterterrorism expertise and experience1 including in areas such as in diplomacy1 law enforcement1 the ,armed ,forces1 law1 public administration1 the legislative branch1 intelligence1 academia1 human rights1 civil rights1 or civil liberties4 7#d7 ,appointments and compensation ,the ,commission may appoint and fix the compensation of the staff director and other employees 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 relating to classification and ,general ,schedule pay rates1 except that the rate of pay for the staff director may exceed the equivalent of that payable to a person occupying a position at level ,,iv of the ,executive ,schedule and the rate of pay for any other employee of the ,commission may exceed the equivalent of that payable to a person occupying a position at level ,v of the ,executive ,schedule4 7#e7 ,experts and consultants ,with the approval of the ,chairperson1 the staff director may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code4 7#f7 ,detail of government employees ,upon the request of the ,commission1 the head of any ,federal agency may detail1 without reimbursement1 any of the personnel of such agency to the ,commission to assist in carrying out its duties4 ,any such detail shall not interrupt or otherwise affect the civil service status or privileges of such personnel4 7#g7 ,volunteer services ,notwithstanding section #acdb of title #ca1 ,united ,states ,code1 the ,commission may accept and use voluntary and uncompensated services as the ,commission determines necessary4 7j7 ,security clearances for commission members and staff ,the appropriate ,federal agencies or departments shall cooperate with the ,commission in expeditiously providing to the commissioners1 including the ,chairperson and ,vice-,chairperson1 and the staff director and employees appropriate security clearances to the extent possible pursuant to existing procedures and requirements1 except that no person shall be provided with access to classified information without the appropriate security clearances4 7k7 ,funding ,there is authorized to be appropriated #d1jjj1jjj to the ,commission1 to remain available until the date of termination1 to carry out this ,act4 7l7 ,termination ,the ,commission shall terminate on the date that is #ahj days after the date on which the ,commission submits the report required by subsection 7m77#b74 7m7 ,briefings and ,report 7#a7 ,briefings ,the ,chairperson1 ,vice-,chairperson1 and staff director of the ,commission shall provide quarterly briefings to the appropriate congressional committees1 of which not less than #b briefings shall be for ,members of ,congress4 7#b7 ,report 7,a7 ,in general ,not later than #edj days after the initial meeting of the ,commission under subsection 7e71 the ,commission shall submit to the appropriate congressional committees an unclassified report that includes the following3 7i7 ,the findings1 conclusions1 and recommendations of the ,commission pursuant to the review and assessment under subsection 7b7 and areas of study specified in subsection 7c74 7ii7 ,summaries of the input and recommendations of each individual with whom the ,commission consulted in accordance with subsection 7f71 attributed in accordance with the preference expressed by such individual4 7,b7 ,classified annex ,the report required under this paragraph may include a classified annex4 7,c7 ,public release ,not later than #g days after the date on which the ,commission submits the report required under this subsection to the appropriate congressional committees1 the ,commission shall make publicly available the report required under this paragraph1 with the exception of any classified annex under subparagraph 7,b74 7n7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations1 the ,select ,committee on ,intelligence1 the ,committee on ,armed ,services1 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on the ,judiciary1 and the ,committee on ,finance of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs1 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,armed ,services1 the ,committee on ,homeland ,security1 the ,committee on the ,judiciary1 and the ,committee on ,financial ,services of the ,house of ,representatives4 7#b7 ,domestic terrorism ,the term domestic terrorism has the meaning given such term in section #bcca of title #ah1 ,united ,states ,code4 7#c7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act of #aige 7#be ,u4,s4,c4 #ecjd74 7#d7 ,international terrorism ,the term international terrorism has the meaning given such term in section #bcca of title #ah1 ,united ,states ,code4 7#e7 ,registered lobbyist ,the term registered lobbyist means a lobbyist described in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjc74 7#f7 ,united ,states person ,the term ,united ,states person has the meaning given that term in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74