National Commission to Investigate the January 6 Attack on the United States Capitol Complex Act

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3233 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3233

   To establish the National Commission to Investigate the January 6
  Attack on the United States Capitol Complex, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2021

Mr. Thompson of Mississippi (for himself and Mr. Katko) introduced the
    following bill; which was referred to the Committee on Homeland
                                Security

_______________________________________________________________________

                                 A BILL

   To establish the National Commission to Investigate the January 6
  Attack on the United States Capitol Complex, 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 to Investigate
the January 6 Attack on the United States Capitol Complex Act''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch the National
Commission to Investigate the January 6 Attack on the United States
Capitol Complex (hereafter referred to as the ``Commission'').

SEC. 3. PURPOSES.

    Consistent with the functions described in section 4, the purposes
of the Commission are the following:
            (1) To investigate and report upon the facts and causes
        relating to the January 6, 2021, domestic terrorist attack upon
        the United States Capitol Complex (hereafter referred to as the
        ``domestic terrorist attack on the Capitol'') and relating to
        the interference with the peaceful transfer of power, including
        facts and causes relating to the preparedness and response of
        the United States Capitol Police and other Federal, State, and
        local law enforcement in the National Capitol Region and other
        instrumentality of government, as well as the influencing
        factors that fomented such attack on American representative
        democracy while engaged in a constitutional process.
            (2) To examine and evaluate evidence developed by relevant
        Federal, State, and local governmental agencies, in a manner
        that is respectful of ongoing law enforcement activities and
        investigations regarding the domestic terrorist attack upon the
        Capitol, regarding the facts and circumstances surrounding such
        terrorist attack and targeted violence and domestic terrorism
        relevant to such terrorist attack.
            (3) To build upon the investigations of other entities and
        avoid unnecessary duplication by reviewing the findings,
        conclusions, and recommendations of other executive branch,
        congressional, or independent bipartisan or non-partisan
        commission investigations into the domestic terrorist attack on
        the Capitol and targeted violence and domestic terrorism
        relevant to such terrorist attack, including investigations
        into influencing factors related to such terrorist attack.
            (4) To investigate and report to the President and Congress
        on its findings, conclusions, and recommendations for
        corrective measures that may include changes in law, policy,
        procedures, rules, or regulations that could be taken to
        prevent future acts of targeted violence and domestic
        terrorism, including to prevent domestic terrorist attacks
        against American democratic institutions, improve the security
        posture of the United States Capitol Complex while preserving
        accessibility of the Capitol Complex for all Americans, and
        strengthen the security and resilience of the Nation and
        American democratic institutions against domestic terrorism.

SEC. 4. FUNCTIONS OF COMMISSION.

    The functions of the Commission are to--
            (1) conduct an investigation of the relevant facts and
        circumstances relating to the domestic terrorist attack on the
        Capitol, including relevant facts and circumstances relating
        to--
                    (A) activities of intelligence agencies, law
                enforcement agencies, and the Armed Forces, including
                with respect to intelligence collection, analysis, and
                dissemination and information sharing among relevant
                instrumentality of government;
                    (B) influencing factors that contributed to the
                domestic terrorist attack on the Capitol and how
                technology, including online platforms, financing, and
                malign foreign influence operations and campaigns may
                have factored into the motivation, organization, and
                execution of the domestic terrorist attack on the
                Capitol and targeted violence and domestic terrorism
                relevant to such attack; and
                    (C) other entities of the public and private sector
                as determined relevant by the Commission for such
                investigation;
            (2) identify, review, and evaluate the causes of and the
        lessons learned from the domestic terrorist attack on the
        Capitol and targeted violence and domestic terrorism relevant
        to such attack regarding--
                    (A) the command, control, and communications of the
                United States Capitol Police, the National Guard, the
                Metropolitan Police Department of the District of
                Columbia, and other Federal, State, and local law
                enforcement in the National Capitol Region on or before
                January 6, 2021;
                    (B) the structure, coordination, operational plans,
                policies, and procedures of the Federal Government,
                including as such relate to State and local governments
                and nongovernmental entities, and particularly with
                respect to detecting, preventing, preparing for, and
                responding to targeted violence and domestic terrorism;
                    (C) the structure, authorities, training, manpower
                utilization, operational planning, and use of force
                policies of the United States Capitol Police;
                    (D) the policies, protocols, processes, procedures,
                and systems for sharing of intelligence and other
                information by Federal, State, and local agencies with
                the United States Capitol Police, the Sergeants at Arms
                of the House of Representatives and the Senate, the
                Government of the District of Columbia, including the
                Metropolitan Police Department of the District of
                Columbia, the National Guard, and other Federal, State,
                and local law enforcement in the National Capitol
                Region on or before January 6, 2021, and the related
                the policies, protocols, processes, procedures, and
                systems for monitoring, assessing, disseminating, and
                acting on intelligence and other information, including
                elevating the security posture of the United States
                Capitol Complex, derived from instrumentality of
                government, open sources, and online platforms; and
                    (E) the policies, protocols, processes, procedures,
                and systems for interoperability between the United
                States Capitol Police and the National Guard, the
                Metropolitan Police Department of the District of
                Columbia, and other Federal, State, and local law
                enforcement in the National Capitol Region on or before
                January 6, 2021; and
            (3) submit to the President and Congress reports required
        pursuant to section 10 containing such findings, conclusions,
        and recommendations, which may include changes in law, policy,
        procedures, rules, or regulations, to improve the detection,
        prevention, preparedness for, and response to targeted violence
        and domestic terrorism and improve the security posture of the
        United States Capitol Complex and ensure the security of
        Members of Congress and staff.

SEC. 5. COMPOSITION OF COMMISSION.

    (a) Members.--The Commission shall be composed of ten members, of
whom--
            (1) one member shall be appointed jointly by the Speaker of
        the House of Representatives and the majority leader of the
        Senate to serve as Chairperson of the Commission;
            (2) one member shall be appointed jointly by the minority
        leader of the House of Representatives and the minority leader
        of the Senate to serve as Vice Chairperson of the Commission;
            (3) two members shall be appointed by the Speaker of the
        House of Representatives;
            (4) two members shall be appointed by the minority leader
        of the House of Representatives;
            (5) two members shall be appointed by the majority leader
        of the Senate; and
            (6) two members shall be appointed by the minority leader
        of the Senate.
    (b) Qualifications; Initial Meeting.--
            (1) Nongovernmental appointees.--An individual appointed to
        the Commission may not be an officer or employee of an
        instrumentality of government.
            (2) 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 at least two of the
        following areas:
                    (A) Governmental service.
                    (B) Law enforcement.
                    (C) Civil rights, civil liberties, and privacy.
                    (D) The Armed Forces.
                    (E) Intelligence.
                    (F) Counterterrorism.
                    (G) Cybersecurity.
                    (H) Technology.
                    (I) Law.
            (3) Initial meeting.--The Commission shall meet and begin
        the initial operation of the Commission as soon as practicable,
        but not earlier than 15 days after the date of the enactment of
        this Act.
    (c) Timing for Appointment.--All members of the Commission shall be
appointed not later than 10 days after the date of the enactment of
this Act.
    (d) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the Chairperson or a majority of its
members. A majority of members of the Commission shall constitute a
quorum. Any vacancy in the Commission shall not affect its powers, but
shall be promptly filled in the same manner in which the original
appointment was made.
    (e) 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 III of the Executive Schedule under
section 5314 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.
    (f) Travel Expenses.--Each member of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with applicable provision under subchapter I of chapter 57
of title 5, United States Code.

SEC. 6. POWERS OF COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--The Commission or, as delegated
        by the Chairperson and the Vice-Chairperson, 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, and administer such oaths as the Commission
                or such designated subcommittee or designated member
                may determine advisable; 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, or
                documents, or any other paper or electronic material,
                as the Commission or such designated subcommittee or
                designated member may determine advisable.
            (2) Subpoenas.--
                    (A) In general.--The Commission may issue subpoenas
                requiring the attendance and testimony of witnesses and
                the production of any evidence relating to any matter
                which the Commission is empowered to investigate under
                this Act. Such subpoenas shall be issued by agreement
                between the Chairperson and Vice Chairperson of the
                Commission, or by the vote of a majority of the members
                of the Commission. The attendance of witnesses and the
                production of evidence may be required from any place
                within the United States at any designated place of
                hearing within the United States.
                    (B) Failure to obey a subpoena.--If a person does
                not obey a subpoena issued under subparagraph (A), the
                Commission is authorized to apply to a United States
                district court for an order requiring that person to
                appear before the Commission to give testimony, produce
                evidence, or both, relating to the matter under
                investigation. The application may be made within the
                judicial district where the hearing is conducted or
                where that person is found, resides, or transacts
                business. Any failure to obey the order of the court
                may be punished by the court as a civil contempt.
                    (C) Subject matter jurisdiction.--The United States
                district court in which an action is brought under
                subparagraph (B) shall have original jurisdiction over
                any civil action brought by the Commission to enforce,
                secure a declaratory judgment concerning the validity
                of, or prevent a threatened refusal or failure to
                comply with, any subpoena issued by the Commission.
                    (D) Service of subpoenas.--The subpoenas of the
                Commission shall be served in the manner provided for
                subpoenas issued by a United States district court
                under the Federal Rules of Civil Procedure for the
                United States district courts.
                    (E) Service of process.--All process of any court
                to which application is made under subparagraph (A) may
                be served in the judicial district in which the person
                required to be served resides or may be found.
    (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 Federal department or agency information, including any
        underlying information that may be in the possession of the
        intelligence community, that is necessary to enable it to carry
        out its purposes and functions under this Act. Upon request of
        the Chairperson, the chairperson of any subcommittee created by
        a majority of the Commission, or any member designated by a
        majority of the Commission, the head of such department or
        agency shall furnish such 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 and office space necessary for
        the Commission to carry out its purposes and functions under
        this Act.
            (2) Other federal departments and agencies.--In addition to
        the assistance prescribed in paragraph (1), Federal departments
        and agencies may provide to the Commission such services,
        funds, facilities, staff, and other support services as
        determined advisable and authorized by law.
    (e) Conveyances and Other Devises.--The Commission may accept, use,
and dispose of 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 mail
in the same manner and under the same conditions as Federal departments
and agencies.

SEC. 7. STAFF OF COMMISSION.

    (a) Appointment.--
            (1) In general.--Except as provided in paragraph (2), the
        Chairperson, in consultation with the Vice-Chairperson, 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 purposes and 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 IV of the Executive Schedule under section
        5315 of title 5, United States Code.
            (2) Personnel as federal employees.--
                    (A) In general.--For purposes of the Congressional
                Accountability Act of 1995 (18 U.S.C. 1301 et seq.)--
                            (i) the Commission shall be considered an
                        employing office; and
                            (ii) the personnel of the Commission shall
                        be considered covered employees.
                    (B) Members of commission.--Subparagraph (A) shall
                not apply to apply to members of the Commission.
    (b) 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.
    (c) Detailees.--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 the Commission in
carrying out its purposes and functions.

SEC. 8. SECURITY CLEARANCES FOR MEMBERS AND STAFF.

    The appropriate Federal departments or agencies 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 may be provided with access to classified information under
this Act without the appropriate security clearances.

SEC. 9. 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 submitted
        pursuant to section 10.
    (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. 10. 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 December 31, 2021, 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. 11. ARCHIVING.

    The records of the Commission shall be transferred to the Center
for Legislative Archives at the National Archives and Records
Administration upon termination of the Commission pursuant to paragraph
(1) of section 10(c).

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is 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.

SEC. 13. DEFINITIONS.

    In this Act:
            (1) Domestic terrorism.--The term ``domestic terrorism''
        has the meaning given such term in section 2331 of title 18,
        United States Code.
            (2) Instrumentality of government.--The term
        ``instrumentality of government'' means Federal, State, local,
        Tribal, and territorial agencies.
            (3) Intelligence community.--The term ``intelligence
        community'' has the meaning given such term in section 3(4) of
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
            (4) Malign foreign influence operations and campaigns.--The
        term ``malign foreign influence operations and campaigns'' has
        the meaning given such term in section 101(h) of the National
        Security Act of 1947 (50 U.S.C. 3021(h)).
            (5) Targeted violence.--The term ``targeted violence''
        means an incident of violence in which an attacker selected a
        particular target in order to inflict mass injury or death with
        no discernable political or ideological motivation beyond mass
        injury or death.
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