National Commission on U.S. Counterterrorism Policy Act of 2020

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7028 Introduced in House (IH)]

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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).
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