To establish the National Commission on the Insurrectionist Attack Upon the United States Capitol.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 410 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 410

To establish the National Commission on the Insurrectionist Attack Upon
                       the United States Capitol.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 21, 2021

Ms. Norton (for herself, Mr. Lynch, and Mrs. Carolyn B. Maloney of New
    York) introduced the following bill; which was referred to the
                     Committee on Homeland Security

_______________________________________________________________________

                                 A BILL

To establish the National Commission on the Insurrectionist Attack Upon
                       the United States Capitol.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch the National
Commission on the Insurrectionist Attack Upon the United States Capitol
(hereafter referred to as the ``Commission'').

SEC. 2. PURPOSES.

    The purposes of the Commission are to--
            (1) make a full and complete accounting of the
        circumstances surrounding the insurrectionist attack of January
        6, 2021, occurring at the United States Capitol, and the extent
        of the United States preparedness for, and immediate response
        to, the attack; and
            (2) report to the President and Congress on its findings,
        conclusions, and recommendations for corrective measures that
        can be taken to prevent acts of insurrection and domestic
        terrorism.

SEC. 3. COMPOSITION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 10 members, of
whom--
            (1) 1 member shall be appointed by the President, who shall
        serve as Chair of the Commission;
            (2) 1 member shall be appointed by the leader of the Senate
        (majority or minority leader, as the case may be) of the
        Republican Party, in consultation with the leader of the House
        of Representatives (majority or minority leader, as the case
        may be) of the Republican Party, who shall serve as Vice Chair
        of the Commission;
            (3) 2 members shall be appointed by the senior member of
        the Senate leadership of the Democratic Party;
            (4) 2 members shall be appointed by the senior member of
        the leadership of the House of Representatives of the
        Republican Party;
            (5) 2 members shall be appointed by the senior member of
        the Senate leadership of the Republican Party; and
            (6) 2 members shall be appointed by the senior member of
        the leadership of the House of Representatives of the
        Democratic Party.
    (b) Qualifications; Initial Meeting.--
            (1) Political party affiliation.--Not more than 5 members
        of the Commission shall be from the same political party.
            (2) Nongovernmental appointees.--An individual appointed to
        the Commission may not be an officer or employee of the Federal
        Government or any State or local government.
            (3) Other qualifications.--It is the sense of Congress that
        individuals appointed to the Commission should be prominent
        United States citizens, with national recognition and
        significant depth of experience in such professions as
        governmental service, law enforcement, the armed services, law,
        public administration, intelligence gathering, and racial
        justice.
            (4) Deadline for appointment.--All members of the
        Commission shall be appointed not later than one month after
        the date of the enactment of this Act.
            (5) Initial meeting.--The Commission shall meet and begin
        the initial operation of the Commission as soon as practicable.
    (c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the Chair or a majority of its members. Six
members of the Commission shall constitute a quorum. Any vacancy in the
Commission shall not affect its powers, but shall be filled in the same
manner in which the original appointment was made.
    (d) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
    (e) Travel Expenses.--Each member of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of chapter 57
of title 5, United States Code.

SEC. 4. FUNCTIONS OF COMMISSION.

    The functions of the Commission are to--
            (1) conduct an investigation that--
                    (A) investigates relevant facts and circumstances
                relating to the insurrectionist attack of January 6,
                2021, including any relevant legislation, Executive
                order, regulation, plan, policy, practice, or
                procedure;
                    (B) ascertains, evaluates, and reports on the
                evidence developed by all relevant governmental
                agencies and nongovernmental sources regarding the
                facts and circumstances surrounding the attack;
                    (C) builds upon the investigations of other
                entities, and avoids unnecessary duplication, by
                reviewing the findings, conclusions, and
                recommendations of prior executive branch,
                congressional, or independent commission investigations
                into the insurrectionist attack of January 6, 2021,
                other insurrectionist and domestic terrorist attacks,
                and domestic terrorism generally; and
                    (D) may include relevant facts and circumstances
                relating to--
                            (i) intelligence agencies;
                            (ii) law enforcement agencies, including
                        the impact, if any, of the race of the
                        attackers on the response of law enforcement;
                            (iii) the flow of assets to insurrectionist
                        and domestic terrorist organizations;
                            (iv) the role of congressional oversight
                        and resource allocation; and
                            (v) other areas of the public and private
                        sectors determined relevant by the Commission
                        for its inquiry;
            (2) identify, review, and evaluate the lessons learned from
        the insurrectionist attack of January 6, 2021, regarding the
        structure, coordination, management policies, and procedures of
        the Federal Government, and, if appropriate, State and local
        governments and nongovernmental entities, relative to
        detecting, preventing, and responding to such insurrectionist
        attacks; and
            (3) submit to the President and Congress such reports as
        are required by this Act containing such findings, conclusions,
        and recommendations as the Commission shall determine,
        including proposing organization, coordination, planning,
        management arrangements, procedures, rules, and regulations.

SEC. 5. POWERS OF COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--The Commission or, on the
        authority of the Commission, any subcommittee or member
        thereof, may, for the purpose of carrying out this Act--
                    (A) hold such hearings and sit and act at such
                times and places, take such testimony, receive such
                evidence, administer such oaths; and
                    (B) subject to paragraph (2)(A), require, by
                subpoena or otherwise, the attendance and testimony of
                such witnesses and the production of such books,
                records, correspondence, memoranda, papers, and
                documents, as the Commission or such designated
                subcommittee or designated member may determine
                advisable.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued
                        under this subsection only--
                                    (I) by the agreement of the Chair
                                and the Vice Chair; or
                                    (II) by the affirmative vote of 6
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i),
                        subpoenas issued under this subsection may be
                        issued under the signature of the Chair or any
                        member designated by a majority of the
                        Commission, and may be served by any person
                        designated by the Chair or by a member
                        designated by a majority of the Commission.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy
                        or failure to obey a subpoena issued under
                        subsection (a), 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.
                            (ii) 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).
    (b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
    (c) Obtaining Official Data.--
            (1) In general.--The Commission may secure directly from
        any department or agency of the Government information
        necessary to enable it to carry out this Act. Upon request of
        the Chair, the chair of any subcommittee created by a majority
        of the Commission, or any member designated by a majority of
        the Commission, the head of that department or agency shall
        furnish that information to the Commission.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and
        disseminated by members of the Commission and its staff
        consistent with all applicable statutes, regulations, and
        Executive orders.
    (d) Assistance From Federal Agencies.--
            (1) General services administration.--Upon the request of
        the Commission, the Administrator of General Services shall
        provide to the Commission, on a reimbursable basis, the
        administrative support services necessary for the Commission to
        carry out its responsibilities under this Act.
            (2) Other departments and agencies.--In addition to the
        assistance prescribed in paragraph (1), departments and
        agencies of the United States may provide to the Commission
        such services, funds, facilities, staff, and other support
        services as they may determine advisable and as may be
        authorized by law.
    (e) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission.
    (f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.

SEC. 6. STAFF OF COMMISSION.

    (a) Appointment; Compensation.--The Chair, in consultation with the
Vice Chair, in accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a Staff Director and such other
personnel as may be necessary to enable the Commission to carry out its
functions, 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 for a position at level V of the
Executive Schedule under section 5316 of title 5, United States Code.
    (b) Coverage Under Congressional Accountability Act of 1995.--For
purposes of the Congressional Accountability Act of 1995 (2 U.S.C. 1301
et seq.)--
            (1) the Commission shall be considered an employing office;
        and
            (2) the personnel of the Commission shall be considered
        covered employees.
    (c) Experts and Consultants.--The Commission is authorized to
procure temporary and intermittent services under section 3109 of title
5, United States Code, but at rates for individuals not to exceed the
daily equivalent of the maximum annual rate of basic pay under level IV
of the Executive Schedule under section 5315 of title 5, United States
Code.
    (d) Staff of Federal Agencies.--The head of any Federal department
or agency may detail, on a non-reimbursable basis, any of the personnel
of that department or agency to the Commission to assist it in carrying
out its duties under this Act.

SEC. 7. SECURITY CLEARANCES FOR MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members 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 under
this Act without the appropriate security clearances.

SEC. 8. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
    (b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
            (1) hold public hearings and meetings to the extent
        appropriate; and
            (2) release public versions of the reports required under
        section 9.
    (c) Conduct of Public Hearings.--Any public hearings of the
Commission shall be conducted in a manner consistent with the
protection of information provided to or developed for or by the
Commission as required by any applicable statute, regulation, or
Executive order.

SEC. 9. REPORTS; TERMINATION.

    (a) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
    (b) Final Report.--Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to the President and
Congress a final report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
    (c) Termination.--
            (1) In general.--The Commission, and all the authorities of
        this Act, shall terminate upon the expiration of the 60-day
        period which begins on the date on which the Commission submits
        the final report under subsection (b).
            (2) Administrative activities before termination.--The
        Commission may use the 60-day period referred to in paragraph
        (1) for the purpose of concluding its activities, including
        providing testimony to committees of Congress concerning its
        reports and disseminating the final report.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
    (b) Availability of Funds.--Amounts appropriated pursuant to the
authorization under this section shall remain available until expended.
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