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

I 117TH CONGRESS 1ST SESSION H. R. 275 To establish the National Commission on the Domestic Terrorist Attack Upon the United States Capitol. IN THE HOUSE OF REPRESENTATIVES JANUARY 12, 2021 Mr. RODNEY DAVIS of Illinois (for himself, Mr. KATKO, Mr. COMER, Mr. BANKS, and Mrs. HINSON) introduced the following bill; which was re- ferred to the Committee on Homeland Security A BILL To establish the National Commission on the Domestic Terrorist Attack Upon the United States Capitol. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. ESTABLISHMENT OF COMMISSION. 3 There is established in the legislative branch the Na- 4 tional Commission on the Domestic Terrorist Attack Upon 5 the United States Capitol (hereafter referred to as the 6 ‘‘Commission’’). 7 SEC. 2. PURPOSES. 8 Consistent with the functions described in section 4, 9 the purposes of the Commission are to— 10 VerDate Sep 11 2014 05:48 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H275.IH H275 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 275 IH (1) examine and report upon the facts and 1 causes relating to the domestic terrorist attack of 2 January 6, 2021, which occurred at the United 3 States Capitol Complex; 4 (2) ascertain, evaluate, and report on the evi- 5 dence developed by all relevant governmental agen- 6 cies regarding the facts and circumstances sur- 7 rounding the attacks; 8 (3) make a full and complete accounting of the 9 circumstances surrounding the attacks, and the ex- 10 tent of the United States preparedness for, and im- 11 mediate response to, the attacks; and 12 (4) investigate and report to the Chair and 13 ranking minority member of the Committee on 14 House Administration, the Chair and ranking minor- 15 ity member of the Committee on Rules and Adminis- 16 tration of the Senate, the President, and Congress 17 on its findings, conclusions, and recommendations 18 for corrective measures that can be taken to prevent 19 acts of domestic terrorism. 20 SEC. 3. COMPOSITION OF COMMISSION. 21 (a) MEMBERS.—The Commission shall be composed 22 of 10 members, of whom— 23 (1) 1 member shall be appointed by the Presi- 24 dent, who shall serve as Chair of the Commission; 25 VerDate Sep 11 2014 05:48 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H275.IH H275 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 275 IH (2) 1 member shall be appointed by the leader 1 of the Senate (majority or minority leader, as the 2 case may be) of the Republican Party, in consulta- 3 tion with the leader of the House of Representatives 4 (majority or minority leader, as case may be) of the 5 Republican Party, who shall serve as Vice-Chair of 6 the Commission; 7 (3) 2 members shall be appointed by the senior 8 member of the Senate leadership of the Democratic 9 Party; 10 (4) 2 members shall be appointed by the senior 11 member of the leadership of the House of Represent- 12 atives of the Republican Party; 13 (5) 2 members shall be appointed by the senior 14 member of the Senate leadership of the Republican 15 Party; and 16 (6) 2 members shall be appointed by the senior 17 member of the leadership of the House of Represent- 18 atives of the Democratic Party. 19 (b) QUALIFICATIONS; INITIAL MEETING.— 20 (1) POLITICAL PARTY AFFILIATION.—Not more 21 than 5 members of the Commission shall be from 22 the same political party. 23 (2) NONGOVERNMENTAL APPOINTEES.—An in- 24 dividual appointed to the Commission may not be an 25 VerDate Sep 11 2014 05:48 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H275.IH H275 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 275 IH officer or employee of the Federal Government or 1 any State or local government, except that not more 2 than two of the members who are appointed by 3 Members of Congress may be Members of Congress 4 or other officers or employees of the Federal Govern- 5 ment. 6 (3) OTHER QUALIFICATIONS.—It is the sense of 7 Congress that individuals appointed to the Commis- 8 sion should be prominent United States citizens, 9 with national recognition and significant depth of ex- 10 perience in such professions as governmental service, 11 law enforcement, the armed services, law, public ad- 12 ministration, online dis-information and intelligence 13 gathering. 14 (4) TIMING FOR APPOINTMENT.—All members 15 of the Commission shall be appointed on or after 16 January 21, 2021, and on or before February 15, 17 2021. 18 (5) INITIAL MEETING.—The Commission shall 19 meet and begin the initial operation of the Commis- 20 sion as soon as practicable. 21 (c) QUORUM; VACANCIES.—After its initial meeting, 22 the Commission shall meet upon the call of the Chair or 23 a majority of its members. Six members of the Commis- 24 sion shall constitute a quorum. Any vacancy in the Com- 25 VerDate Sep 11 2014 05:48 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H275.IH H275 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 275 IH mission shall not affect its powers, but shall be filled in 1 the same manner in which the original appointment was 2 made. 3 (d) COMPENSATION.—Each member of the Commis- 4 sion may be compensated at not to exceed the daily equiva- 5 lent of the annual rate of basic pay in effect for a position 6 at level IV of the Executive Schedule under section 5315 7 of title 5, United States Code, for each day during which 8 that member is engaged in the actual performance of the 9 duties of the Commission. 10 (e) TRAVEL EXPENSES.—Each member of the Com- 11 mission shall receive travel expenses, including per diem 12 in lieu of subsistence, in accordance with applicable provi- 13 sions under subchapter I of chapter 57 of title 5, United 14 States Code. 15 SEC. 4. FUNCTIONS OF COMMISSION. 16 The functions of the Commission are to— 17 (1) conduct an investigation of the relevant 18 facts and circumstances relating to the attacks on 19 the United States Capitol of January 6, 2021; 20 (2) identify, review, and evaluate the causes of 21 and the lessons learned from the attacks regarding 22 the structure, coordination, management policies, 23 and procedures of the Federal Government, and, if 24 appropriate, State and local governments and non- 25 VerDate Sep 11 2014 05:48 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H275.IH H275 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 275 IH governmental entities, relative to detecting, pre- 1 venting, and responding to such kinds of attacks; 2 (3) in consultation with the Chair and ranking 3 minority member of the Committee on House Ad- 4 ministration and the Chair and ranking minority 5 member of the Committee on Rules and Administra- 6 tion of the Senate— 7 (A) make interim reports on an ongoing 8 basis on the Commission’s analysis of the secu- 9 rity and safety of the Capitol Complex which 10 are directed at the chairs and ranking minority 11 members of such Committees and the Presi- 12 dent, as well as other activities of the Commis- 13 sion; and 14 (B) submit such reports to the chairs and 15 ranking minority members of such Committees, 16 the President, and Congress; and 17 (4) in addition to the reports described in para- 18 graph (3), submit to the chairs and ranking minority 19 members of such Committees, the President, and 20 Congress such other reports as are required by this 21 Act containing such findings, conclusions, and rec- 22 ommendations as the Commission shall determine, 23 including proposing improvements in the organiza- 24 tion, coordination, planning, management arrange- 25 VerDate Sep 11 2014 05:48 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H275.IH H275 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 275 IH ments, procedures, rules, and regulations which are 1 designed to prevent such kinds of attacks. 2 SEC. 5. POWERS OF COMMISSION. 3 (a) IN GENERAL.— 4 (1) HEARINGS AND EVIDENCE.—The Commis- 5 sion or, on the authority of the Commission, any 6 subcommittee or member thereof, may, for the pur- 7 pose of carrying out this Act— 8 (A) hold such hearings and sit and act at 9 such times and places, take such testimony, re- 10 ceive such evidence, administer such oaths; and 11 (B) subject to paragraph (2)(A), require, 12 by subpoena or otherwise, the attendance and 13 testimony of such witnesses and the production 14 of such books, records, correspondence, memo- 15 randa, papers, and documents, as the Commis- 16 sion or such designated subcommittee or des- 17 ignated member may determine advisable. 18 (2) SUBPOENAS.— 19 (A) ISSUANCE.— 20 (i) IN GENERAL.—A subpoena may be 21 issued under this subsection only— 22 (I) by the agreement of the Chair 23 and the Vice-Chair; or 24 VerDate Sep 11 2014 05:48 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H275.IH H275 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 275 IH (II) by the affirmative vote of 6 1 members of the Commission. 2 (ii) SIGNATURE.—Subject to clause 3 (i), subpoenas issued under this subsection 4 may be issued under the signature of the 5 Chair or any member designated by a ma- 6 jority of the Commission, and may be 7 served by any person designated by the 8 Chair or by a member designated by a ma- 9 jority of the Commission. 10 (B) ENFORCEMENT.— 11 (i) IN GENERAL.—In the case of con- 12 tumacy or failure to obey a subpoena 13 issued under subsection (a), the United 14 States district court for the judicial district 15 in which the subpoenaed person resides, is 16 served, or may be found, or where the sub- 17 poena is returnable, may issue an order re- 18 quiring such person to appear at any des- 19 ignated place to testify or to produce docu- 20 mentary or other evidence. Any failure to 21 obey the order of the court may be pun- 22 ished by the court as a contempt of that 23 court. 24 VerDate Sep 11 2014 05:48 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H275.IH H275 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 275 IH (ii) ADDITIONAL ENFORCEMENT.—In 1 the case of any failure of any witness to 2 comply with any subpoena or to testify 3 when summoned under authority of this 4 section, the Commission may, by majority 5 vote, certify a statement of fact consti- 6 tuting such failure to the appropriate 7 United States attorney, who may bring the 8 matter before the grand jury for its action, 9 under the same statutory authority and 10 procedures as if the United States attorney 11 had received a certification under sections 12 102 through 104 of the Revised Statutes 13 of the United States (2 U.S.C. 192 14 through 194). 15 (b) CONTRACTING.—The Commission may, to such 16 extent and in such amounts as are provided in appropria- 17 tion Acts, enter into contracts to enable the Commission 18 to discharge its duties under this Act. 19 (c) OBTAINING OFFICIAL DATA.— 20 (1) IN GENERAL.—The Commission may secure 21 directly from any department or agency of the Gov- 22 ernment information necessary to enable it to carry 23 out this Act. Upon request of the Chair, the chair 24 of any subcommittee created by a majority of the 25 VerDate Sep 11 2014 05:48 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H275.IH H275 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 275 IH Commission, or any member designated by a major- 1 ity of the Commission, the head of that department 2 or agency shall furnish that information to the Com- 3 mission. 4 (2) RECEIPT, HANDLING, STORAGE, AND DIS- 5 SEMINATION.—Information shall only be received, 6 handled, stored, and disseminated by members of 7 the Commission and its staff consistent with all ap- 8 plicable statutes, regulations, and Executive orders. 9 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 10 (1) GENERAL SERVICES ADMINISTRATION.— 11 Upon the request of the Commission, the Adminis- 12 trator of General Services shall provide to the Com- 13 mission, on a reimbursable basis, the administrative 14 support services necessary for the Commission to 15 carry out its responsibilities under this Act. 16 (2) OTHER DEPARTMENTS AND AGENCIES.—In 17 addition to the assistance prescribed in paragraph 18 (1), departments and agencies of the United States 19 may provide to the Commission such services, funds, 20 facilities, staff, and other support services as they 21 may determine advisable and as may be authorized 22 by law. 23 (e) GIFTS, BEQUESTS, AND DEVISES.—The Commis- 24 sion may accept, use, and dispose of gifts, bequests, or 25 VerDate Sep 11 2014 05:48 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H275.IH H275 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 275 IH devises of services or property, both real and personal, for 1 the purpose of aiding or facilitating the work of the Com- 2 mission. 3 (f) POSTAL SERVICES.—The Commission may use 4 the United States mails in the same manner and under 5 the same conditions as departments and agencies of the 6 United States. 7 SEC. 6. STAFF OF COMMISSION. 8 (a) APPOINTMENT; COMPENSATION.— 9 (1) IN GENERAL.—Except as provided in para- 10 graph (2), the Chair, in consultation with the Vice- 11 Chair, in accordance with rules agreed upon by the 12 Commission, may appoint and fix the compensation 13 of a Staff Director and such other personnel as may 14 be necessary to enable the Commission to carry out 15 its functions, without regard to the provisions of 16 title 5, United States Code, governing appointments 17 in the competitive service, and without regard to the 18 provisions of chapter 51 and subchapter III of chap- 19 ter 53 of such title relating to classification and 20 General Schedule pay rates, except that no rate of 21 pay fixed under this subsection may exceed the 22 equivalent of that payable for a position at level V 23 of the Executive Schedule under section 5316 of title 24 5, United States Code. 25 VerDate Sep 11 2014 05:48 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H275.IH H275 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 275 IH (2) PROHIBITING COMPENSATION OF FEDERAL 1 EMPLOYEES.—Members of the Commission who are 2 full-time officers or employees of the United States, 3 including Members of Congress, may not receive ad- 4 ditional pay, allowances, or benefits by reason of 5 their service on the Commission. 6 (b) COVERAGE UNDER CONGRESSIONAL ACCOUNT- 7 ABILITY ACT OF 1995.—For purposes of the Congres- 8 sional Accountability Act of 1995 (2 U.S.C. 1301 et 9 seq.)— 10 (1) the Commission shall be considered an em- 11 ploying office; and 12 (2) the personnel of the Commission shall be 13 considered covered employees. 14 (c) EXPERTS AND CONSULTANTS.—The Commission 15 is authorized to procure temporary and intermittent ser [Text truncated for display. 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