H.R. 9386 — United States Commission on an Open Society with Security Act of 2026

This section finds that an open society with free public access to facilities and spaces is essential to American democracy, that the United States faces a unique challenge to public safety from terrorism, and that a commission of experts from diverse disciplines is required to examine measures that secure public facilities while preserving the highest level of open access.

This section establishes the United States Commission on an Open Society with Security, a 21-member body appointed for the life of the Commission. Nine members are appointed by the President, three each by the Speaker of the House, the House minority leader, the Senate majority leader, and the Senate minority leader, with the President designating the chairperson; the Commission may begin operations after 90 days if at least nine members have been appointed.

This section directs the Commission to study and recommend ways for the Federal Government to balance security and public access to Federal buildings and property. It requires examination of security practices, building design, effects on constitutional rights and civil liberties, economic impacts, traffic, employee performance, technology uses, comparisons with other entities, and risk assessment methods for terrorism, while avoiding duplication of other efforts.

This section authorizes the Commission to hold hearings, take testimony, and receive evidence as needed to carry out the Act. It permits the Commission to obtain information directly from federal departments and agencies, requires security clearances and nondisclosure agreements for members and staff accessing classified materials, deems Commission personnel to have a need to know such information, and bars its use for nonofficial purposes. The section also allows the Commission to use the mails, accept gifts or donations, and receive reimbursable administrative support from the General Services Administration.

This section bars compensation for Commission members but authorizes reimbursement for travel expenses, including per diem, at rates for federal employees. It empowers the Chairperson to appoint a staff director and other personnel with pay capped at the GS-15 maximum, exempt from competitive service and classification rules. Federal agencies may detail personnel on a nonreimbursable basis, and the Chairperson may procure experts and consultants at equivalent daily rates.

This section requires the Commission to transmit its final report to the President not later than 2 years after its initial meeting, including findings, conclusions, and recommendations for legislative or administrative action. It further requires the President to transmit the report to Congress within 6 months, along with any comments or proposed legislation the President considers appropriate.