Commission on Domestic Terrorism Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1178 To establish the National Commission on Domestic Terrorism, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 18, 2021 Ms. SPEIER (for herself, Mr. REED, Ms. SHERRILL, and Mr. GARBARINO) in- troduced the following bill; which was referred to the Committee on Homeland Security A BILL To establish the National Commission on Domestic Terrorism, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Commission on Domes- 4 tic Terrorism Act of 2021’’. 5 SEC. 2. ESTABLISHMENT OF COMMISSION. 6 There is established in the legislative branch the Na- 7 tional Commission on Domestic Terrorism (in this Act re- 8 ferred to as the ‘‘Commission’’). 9 VerDate Sep 11 2014 19:32 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1178.IH H1178 khammond on DSKJM1Z7X2PROD with BILLS 2 •HR 1178 IH SEC. 3. PURPOSES. 1 Consistent with the functions described in section 5, 2 the purposes of the Commission are to— 3 (1) examine and report upon the Federal Gov- 4 ernment’s failure to respond to and prevent domestic 5 terrorist attacks in the United States in the past 20 6 years; 7 (2) ascertain, evaluate, and report on the evi- 8 dence developed by all relevant governmental agen- 9 cies regarding the facts and circumstances sur- 10 rounding domestic terrorist attacks in the United 11 States in the past 20 years; 12 (3) make a full and complete accounting of the 13 circumstances surrounding domestic terrorist attacks 14 that occurred in the past 20 years, and the extent 15 of the United States preparedness for, and response 16 to, the attacks; and 17 (4) investigate and report to the President, 18 Congress, and the public on its findings, conclusions, 19 and recommendations for corrective measures that 20 can be taken to prevent acts of domestic terrorism. 21 SEC. 4. COMPOSITION OF COMMISSION. 22 (a) MEMBERS.—The Commission shall be composed 23 of 10 members, of whom— 24 (1) 1 member shall be appointed by the Presi- 25 dent, who shall serve as Chair of the Commission; 26 VerDate Sep 11 2014 19:32 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1178.IH H1178 khammond on DSKJM1Z7X2PROD with BILLS 3 •HR 1178 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 the case may be) of 5 the Republican Party, who shall serve as Vice-Chair 6 of 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) TIMING FOR APPOINTMENT.—All members of the 20 Commission shall be appointed not later than 30 days 21 after the date of enactment of this Act. 22 (c) QUALIFICATIONS; INITIAL MEETING.— 23 VerDate Sep 11 2014 19:32 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1178.IH H1178 khammond on DSKJM1Z7X2PROD with BILLS 4 •HR 1178 IH (1) POLITICAL PARTY AFFILIATION.—Not more 1 than 5 members of the Commission shall be from 2 the same political party. 3 (2) NONGOVERNMENTAL APPOINTEES.—An in- 4 dividual appointed to the Commission may not be an 5 officer or employee of the Federal Government or 6 any State or local government. 7 (3) OTHER QUALIFICATIONS.—It is the sense of 8 Congress that individuals appointed to the Commis- 9 sion should be prominent United States citizens, 10 with national recognition and significant depth of ex- 11 perience in such professions as governmental service, 12 law enforcement, the armed services, legal practice, 13 including experts in national security law, criminal 14 law, and civil rights law, public administration, intel- 15 ligence gathering, online disinformation and misin- 16 formation, online radicalization, technology, and so- 17 cial sciences. 18 (4) INITIAL MEETING.—The Commission shall 19 meet and begin the initial operation of the Commis- 20 sion as soon as practicable. 21 (d) QUORUM; VACANCIES.—After its initial meeting, 22 the Commission shall meet upon the call of the Chair or 23 a majority of its members. Eight members of the Commis- 24 sion shall constitute a quorum. Any vacancy in the Com- 25 VerDate Sep 11 2014 19:32 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1178.IH H1178 khammond on DSKJM1Z7X2PROD with BILLS 5 •HR 1178 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 SEC. 5. FUNCTIONS OF COMMISSION. 4 The functions of the Commission are to— 5 (1) conduct an investigation that— 6 (A) investigates relevant facts and cir- 7 cumstances relating to the Federal Govern- 8 ment’s failure to respond to and prevent acts of 9 domestic terrorism in the past 20 years, includ- 10 ing, but not limited to, relevant facts and cir- 11 cumstances relating to the domestic terrorist 12 attack on the United States Capitol on January 13 6, 2021, including any relevant legislation, plan, 14 policy, practice, or procedure; and 15 (B) may include relevant facts and cir- 16 cumstances relating to— 17 (i) intelligence agencies; 18 (ii) law enforcement agencies; 19 (iii) homeland security agencies; 20 (iv) the Armed Forces; 21 (v) communications platforms; 22 (vi) financial services platforms; 23 (vii) the role of congressional over- 24 sight and resource allocations; and 25 VerDate Sep 11 2014 19:32 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1178.IH H1178 khammond on DSKJM1Z7X2PROD with BILLS 6 •HR 1178 IH (viii) other areas of the public and 1 private sectors determined relevant by the 2 Commission for its inquiry; 3 (2) identify, review, and evaluate the lessons 4 learned from acts of domestic terrorism in the past 5 20 years, including, but not limited to, the domestic 6 terrorist attack on the United States Capitol on 7 January 6, 2021, regarding the structure, coordina- 8 tion, and management arrangements of the Federal 9 Government, and, if appropriate, State and local 10 governments and nongovernmental entities, relative 11 to detecting, preventing, and responding to such do- 12 mestic terrorist attacks; and 13 (3) submit to the President and Congress such 14 reports as are required by this Act containing such 15 findings, conclusions, and recommendations as the 16 Commission shall determine, including proposing or- 17 ganization, coordination, planning, management ar- 18 rangements, procedures, rules, and regulations. 19 SEC. 6. POWERS OF COMMISSION. 20 (a) IN GENERAL.— 21 (1) HEARINGS AND EVIDENCE.—The Commis- 22 sion or, on the authority of the Commission, any 23 subcommittee or member thereof, may, for the pur- 24 pose of carrying out this Act— 25 VerDate Sep 11 2014 19:32 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1178.IH H1178 khammond on DSKJM1Z7X2PROD with BILLS 7 •HR 1178 IH (A) hold such hearings and sit and act at 1 such times and places, take such testimony, re- 2 ceive such evidence, administer such oaths; and 3 (B) subject to paragraph (2)(A), require, 4 by subpoena or otherwise, the attendance and 5 testimony of such witnesses and the production 6 of such books, records, correspondence, memo- 7 randa, papers, and documents, as the Commis- 8 sion or such designated subcommittee or des- 9 ignated member may determine advisable. 10 (2) SUBPOENAS.— 11 (A) ISSUANCE.— 12 (i) IN GENERAL.—A subpoena may be 13 issued under this subsection only— 14 (I) by the agreement of the Chair 15 and the Vice-Chair; or 16 (II) by the affirmative vote of 6 17 members of the Commission. 18 (ii) SIGNATURE.—Subject to clause 19 (i), subpoenas issued under this subsection 20 may be issued under the signature of the 21 Chair or any member designated by a ma- 22 jority of the Commission, and may be 23 served by any person designated by the 24 VerDate Sep 11 2014 19:32 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1178.IH H1178 khammond on DSKJM1Z7X2PROD with BILLS 8 •HR 1178 IH Chair or by a member designated by a ma- 1 jority of the Commission. 2 (B) ENFORCEMENT.— 3 (i) IN GENERAL.—In the case of con- 4 tumacy or failure to obey a subpoena 5 issued under paragraph (1), the United 6 States district court for the judicial district 7 in which the subpoenaed person resides, is 8 served, or may be found, or where the sub- 9 poena is returnable, may issue an order re- 10 quiring such person to appear at any des- 11 ignated place to testify or to produce docu- 12 mentary or other evidence. Any failure to 13 obey the order of the court may be pun- 14 ished by the court as a contempt of that 15 court. 16 (ii) ADDITIONAL ENFORCEMENT.—In 17 the case of any failure of any witness to 18 comply with any subpoena or to testify 19 when summoned under authority of this 20 section, the Commission may, by majority 21 vote, certify a statement of fact consti- 22 tuting such failure to the appropriate 23 United States attorney, who may bring the 24 matter before the grand jury for its action, 25 VerDate Sep 11 2014 19:32 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1178.IH H1178 khammond on DSKJM1Z7X2PROD with BILLS 9 •HR 1178 IH under the same statutory authority and 1 procedures as if the United States attorney 2 had received a certification under sections 3 102 through 104 of the Revised Statutes 4 of the United States (2 U.S.C. 192 5 through 194). 6 (b) CONTRACTING.—The Commission may, to such 7 extent and in such amounts as are provided in appropria- 8 tion Acts, enter into contracts to enable the Commission 9 to discharge its duties under this Act. 10 (c) INFORMATION FROM FEDERAL AGENCIES.— 11 (1) IN GENERAL.—The Commission is author- 12 ized to secure directly from any executive depart- 13 ment, bureau, agency, board, commission, office, 14 independent establishment, or instrumentality of the 15 Government, information, suggestions, estimates, 16 and statistics for the purposes of this title. Each de- 17 partment, bureau, agency, board, commission, office, 18 independent establishment, or instrumentality shall, 19 to the extent authorized by law, furnish such infor- 20 mation, suggestions, estimates, and statistics di- 21 rectly to the Commission, upon request made by the 22 Chair, the chair of any subcommittee created by a 23 majority of the Commission, or any member des- 24 ignated by a majority of the Commission. 25 VerDate Sep 11 2014 19:32 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1178.IH H1178 khammond on DSKJM1Z7X2PROD with BILLS 10 •HR 1178 IH (2) RECEIPT, HANDLING, STORAGE, AND DIS- 1 SEMINATION.—Information shall only be received, 2 handled, stored, and disseminated by members of 3 the Commission and its staff consistent with all ap- 4 plicable statutes, regulations, and Executive orders. 5 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 6 (1) GENERAL SERVICES ADMINISTRATION.— 7 The Administrator of General Services shall provide 8 to the Commission on a reimbursable basis adminis- 9 trative support and other services for the perform- 10 ance of the Commission’s functions. 11 (2) OTHER DEPARTMENTS AND AGENCIES.—In 12 addition to the assistance prescribed in paragraph 13 (1), departments and agencies of the United States 14 are authorized to provide to the Commission such 15 services, funds, facilities, staff, and other support 16 services as they may determine advisable and as may 17 be authorized by law. 18 (e) GIFTS.—The Commission may accept, use, and 19 dispose of in-kind gifts or devises of services or property, 20 both real and personal, for the purpose of aiding or facili- 21 tating the work of the Commission. 22 (f) POSTAL SERVICES.—The Commission may use 23 the United States mails in the same manner and under 24 VerDate Sep 11 2014 19:32 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1178.IH H1178 khammond on DSKJM1Z7X2PROD with BILLS 11 •HR 1178 IH the same conditions as departments and agencies of the 1 United States. 2 SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COM- 3 MITTEE ACT. 4 (a) IN GENERAL.—The Federal Advisory Committee 5 Act (5 U.S.C. App.) shall not apply to the Commission. 6 (b) PUBLIC MEETINGS AND RELEASE OF PUBLIC 7 VERSIONS OF REPORTS.—The Commission shall— 8 (1) hold public hearings and meetings to the ex- 9 tent appropriate; and 10 (2) release public versions of the reports re- 11 quired under section 11. 12 (c) PUBLIC HEARINGS.—Any public hearings of the 13 Commission shall be conducted in a manner consistent 14 with the protection of information provided to or developed 15 for or by the Commission as required by any applicable 16 statute, regulation, or Executive order. 17 SEC. 8. STAFF OF COMMISSION. 18 (a) IN GENERAL.— 19 (1) APPOINTMENT AND COMPENSATION.—The 20 Chair, in accordance with rules agreed upon by the 21 Commission, may appoint and fix the compensation 22 of a Staff Director and such other personnel as may 23 be necessary to enable the Commission to carry out 24 its functions, except that no rate of pay fixed under 25 VerDate Sep 11 2014 19:32 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1178.IH H1178 khammond on DSKJM1Z7X2PROD with BILLS 12 •HR 1178 IH this subsection may exceed the equivalent of that 1 payable for a position at level V of the Executive 2 Schedule under section 5316 of title 5, United 3 States Code. 4 (2) MEMBERS OF THE COMMISSION.—Any 5 member of the Commission shall not be considered 6 a Federal employee except for purposes of chapter 7 81 of title 5 (relating to compensation for injury), 8 and sections 2671 through 2680 of title 28 (relating 9 to tort claims). 10 (b) COVERAGE UNDER CONGRESSIONAL ACCOUNT- 11 ABILITY ACT OF 1995.—For purposes of the Congres- 12 sional Accountability Act of 1995 (2 U.S.C. 1301 et 13 seq.)— 14 (1) the Commission shall be considered an em- 15 ploying office; and 16 (2) the personnel of the Commission shall be 17 considered covered employees. 18 (c) DETAILEES.—Any Federal Government employee 19 may be detailed to the Commission without reimbursement 20 from the Commission, and such detailee shall retain the 21 r [Text truncated for display. 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