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

II Calendar No. 60 117TH CONGRESS 1ST SESSION H. R. 3233 IN THE SENATE OF THE UNITED STATES MAY 19, 2021 Received; read the first time MAY 20, 2021 Read the second time and placed on the calendar AN ACT 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 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 ‘‘National Commission 4 to Investigate the January 6 Attack on the United States 5 Capitol Complex Act’’. 6 SEC. 2. ESTABLISHMENT OF COMMISSION. 7 There is established in the legislative branch the Na- 8 tional Commission to Investigate the January 6 Attack on 9 VerDate Sep 11 2014 21:38 May 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3233.PCS H3233 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 3233 PCS the United States Capitol Complex (hereafter referred to 1 as the ‘‘Commission’’). 2 SEC. 3. PURPOSES. 3 Consistent with the functions described in section 4, 4 the purposes of the Commission are the following: 5 (1) To investigate and report upon the facts 6 and causes relating to the January 6, 2021, domes- 7 tic terrorist attack upon the United States Capitol 8 Complex (hereafter referred to as the ‘‘domestic ter- 9 rorist attack on the Capitol’’) and relating to the in- 10 terference with the peaceful transfer of power, in- 11 cluding facts and causes relating to the preparedness 12 and response of the United States Capitol Police and 13 other Federal, State, and local law enforcement in 14 the National Capitol Region and other instrumen- 15 tality of government, as well as the influencing fac- 16 tors that fomented such attack on American rep- 17 resentative democracy while engaged in a constitu- 18 tional process. 19 (2) To examine and evaluate evidence developed 20 by relevant Federal, State, and local governmental 21 agencies, in a manner that is respectful of ongoing 22 law enforcement activities and investigations regard- 23 ing the domestic terrorist attack upon the Capitol, 24 regarding the facts and circumstances surrounding 25 VerDate Sep 11 2014 21:38 May 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3233.PCS H3233 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 3233 PCS such terrorist attack and targeted violence and do- 1 mestic terrorism relevant to such terrorist attack. 2 (3) To build upon the investigations of other 3 entities and avoid unnecessary duplication by review- 4 ing the findings, conclusions, and recommendations 5 of other executive branch, congressional, or inde- 6 pendent bipartisan or non-partisan commission in- 7 vestigations into the domestic terrorist attack on the 8 Capitol and targeted violence and domestic terrorism 9 relevant to such terrorist attack, including investiga- 10 tions into influencing factors related to such ter- 11 rorist attack. 12 (4) To investigate and report to the President 13 and Congress on its findings, conclusions, and rec- 14 ommendations for corrective measures that may in- 15 clude changes in law, policy, procedures, rules, or 16 regulations that could be taken to prevent future 17 acts of targeted violence and domestic terrorism, in- 18 cluding to prevent domestic terrorist attacks against 19 American democratic institutions, improve the secu- 20 rity posture of the United States Capitol Complex 21 while preserving accessibility of the Capitol Complex 22 for all Americans, and strengthen the security and 23 resilience of the Nation and American democratic in- 24 stitutions against domestic terrorism. 25 VerDate Sep 11 2014 21:38 May 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3233.PCS H3233 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 3233 PCS SEC. 4. FUNCTIONS OF COMMISSION. 1 The functions of the Commission are to— 2 (1) conduct an investigation of the relevant 3 facts and circumstances relating to the domestic ter- 4 rorist attack on the Capitol, including relevant facts 5 and circumstances relating to— 6 (A) activities of intelligence agencies, law 7 enforcement agencies, and the Armed Forces, 8 including with respect to intelligence collection, 9 analysis, and dissemination and information 10 sharing among relevant instrumentality of gov- 11 ernment; 12 (B) influencing factors that contributed to 13 the domestic terrorist attack on the Capitol and 14 how technology, including online platforms, fi- 15 nancing, and malign foreign influence oper- 16 ations and campaigns may have factored into 17 the motivation, organization, and execution of 18 the domestic terrorist attack on the Capitol and 19 targeted violence and domestic terrorism rel- 20 evant to such attack; and 21 (C) other entities of the public and private 22 sector as determined relevant by the Commis- 23 sion for such investigation; 24 (2) identify, review, and evaluate the causes of 25 and the lessons learned from the domestic terrorist 26 VerDate Sep 11 2014 21:38 May 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3233.PCS H3233 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 3233 PCS attack on the Capitol and targeted violence and do- 1 mestic terrorism relevant to such attack regarding— 2 (A) the command, control, and commu- 3 nications of the United States Capitol Police, 4 the National Guard, the Metropolitan Police 5 Department of the District of Columbia, and 6 other Federal, State, and local law enforcement 7 in the National Capitol Region on or before 8 January 6, 2021; 9 (B) the structure, coordination, operational 10 plans, policies, and procedures of the Federal 11 Government, including as such relate to State 12 and local governments and nongovernmental en- 13 tities, and particularly with respect to detecting, 14 preventing, preparing for, and responding to 15 targeted violence and domestic terrorism; 16 (C) the structure, authorities, training, 17 manpower utilization, operational planning, and 18 use of force policies of the United States Cap- 19 itol Police; 20 (D) the policies, protocols, processes, pro- 21 cedures, and systems for sharing of intelligence 22 and other information by Federal, State, and 23 local agencies with the United States Capitol 24 Police, the Sergeants at Arms of the House of 25 VerDate Sep 11 2014 21:38 May 20, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3233.PCS H3233 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 3233 PCS Representatives and the Senate, the Govern- 1 ment of the District of Columbia, including the 2 Metropolitan Police Department of the District 3 of Columbia, the National Guard, and other 4 Federal, State, and local law enforcement in the 5 National Capitol Region on or before January 6 6, 2021, and the related the policies, protocols, 7 processes, procedures, and systems for moni- 8 toring, assessing, disseminating, and acting on 9 intelligence and other information, including 10 elevating the security posture of the United 11 States Capitol Complex, derived from instru- 12 mentality of government, open sources, and on- 13 line platforms; and 14 (E) the policies, protocols, processes, pro- 15 cedures, and systems for interoperability be- 16 tween the United States Capitol Police and the 17 National Guard, the Metropolitan Police De- 18 partment of the District of Columbia, and other 19 Federal, State, and local law enforcement in the 20 National Capitol Region on or before January 21 6, 2021; and 22 (3) submit to the President and Congress re- 23 ports required pursuant to section 10 containing 24 such findings, conclusions, and recommendations, 25 VerDate Sep 11 2014 21:38 May 20, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3233.PCS H3233 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 3233 PCS which may include changes in law, policy, proce- 1 dures, rules, or regulations, to improve the detection, 2 prevention, preparedness for, and response to tar- 3 geted violence and domestic terrorism and improve 4 the security posture of the United States Capitol 5 Complex and ensure the security of Members of 6 Congress and staff. 7 SEC. 5. COMPOSITION OF COMMISSION. 8 (a) MEMBERS.—The Commission shall be composed 9 of ten members, of whom— 10 (1) one member shall be appointed jointly by 11 the Speaker of the House of Representatives and the 12 majority leader of the Senate to serve as Chair- 13 person of the Commission; 14 (2) one member shall be appointed jointly by 15 the minority leader of the House of Representatives 16 and the minority leader of the Senate to serve as 17 Vice Chairperson of the Commission; 18 (3) two members shall be appointed by the 19 Speaker of the House of Representatives; 20 (4) two members shall be appointed by the mi- 21 nority leader of the House of Representatives; 22 (5) two members shall be appointed by the ma- 23 jority leader of the Senate; and 24 VerDate Sep 11 2014 21:38 May 20, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3233.PCS H3233 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 3233 PCS (6) two members shall be appointed by the mi- 1 nority leader of the Senate. 2 (b) QUALIFICATIONS; INITIAL MEETING.— 3 (1) NONGOVERNMENTAL APPOINTEES.—An in- 4 dividual appointed to the Commission may not be an 5 officer or employee of an instrumentality of govern- 6 ment. 7 (2) 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 at least two of the following areas: 12 (A) Governmental service. 13 (B) Law enforcement. 14 (C) Civil rights, civil liberties, and privacy. 15 (D) The Armed Forces. 16 (E) Intelligence. 17 (F) Counterterrorism. 18 (G) Cybersecurity. 19 (H) Technology. 20 (I) Law. 21 (3) INITIAL MEETING.—The Commission shall 22 meet and begin the initial operation of the Commis- 23 sion as soon as practicable, but not earlier than 15 24 days after the date of the enactment of this Act. 25 VerDate Sep 11 2014 21:38 May 20, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3233.PCS H3233 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 3233 PCS (c) TIMING FOR APPOINTMENT.—All members of the 1 Commission shall be appointed not later than 10 days 2 after the date of the enactment of this Act. 3 (d) QUORUM; VACANCIES.—After its initial meeting, 4 the Commission shall meet upon the call of the Chair- 5 person or a majority of its members. A majority of mem- 6 bers of the Commission shall constitute a quorum. Any 7 vacancy in the Commission shall not affect its powers, but 8 shall be promptly filled in the same manner in which the 9 original appointment was made. 10 (e) COMPENSATION.—Each member of the Commis- 11 sion may be compensated at not to exceed the daily equiva- 12 lent of the annual rate of basic pay in effect for a position 13 at level III of the Executive Schedule under section 5314 14 of title 5, United States Code, for each day during which 15 that member is engaged in the actual performance of the 16 duties of the Commission. 17 (f) TRAVEL EXPENSES.—Each member of the Com- 18 mission shall receive travel expenses, including per diem 19 in lieu of subsistence, in accordance with applicable provi- 20 sion under subchapter I of chapter 57 of title 5, United 21 States Code. 22 SEC. 6. POWERS OF COMMISSION. 23 (a) IN GENERAL.— 24 VerDate Sep 11 2014 21:38 May 20, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3233.PCS H3233 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 3233 PCS (1) HEARINGS AND EVIDENCE.—The Commis- 1 sion or, as delegated by the Chairperson and the 2 Vice-Chairperson, any subcommittee or member 3 thereof, may, for the purpose of carrying out this 4 Act— 5 (A) hold such hearings and sit and act at 6 such times and places, take such testimony, re- 7 ceive such evidence, and administer such oaths 8 as the Commission or such designated sub- 9 committee or designated member may deter- 10 mine advisable; 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, or documents, or any other 16 paper or electronic material, as the Commission 17 or such designated subcommittee or designated 18 member may determine advisable. 19 (2) SUBPOENAS.— 20 (A) IN GENERAL.—The Commission may 21 issue subpoenas requiring the attendance and 22 testimony of witnesses and the production of 23 any evidence relating to any matter which the 24 Commission is empowered to investigate under 25 VerDate Sep 11 2014 21:38 May 20, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3233.PCS H3233 pamtmann on DSKBC07HB2PROD with BILLS 11 HR 3233 PCS this Act. Such subpoenas shall be issued by 1 agreement between the Chairperson and Vice 2 Chairperson of the Commission, or by the vote 3 of a majority of the members of the Commis- 4 sion. The attendance of witnesses and the pro- 5 duction of evidence may be required from any 6 place within the United States at any des- 7 ignated place of hearing within the United 8 States. 9 (B) FAILURE TO OBEY A SUBPOENA.—If a 10 person does not obey a subpoena issued under 11 subparagraph (A), the Commission is author- 12 ized to apply to a United States district court 13 for an order requiring that person to appear be- 14 fore the Commission to give testimony, produce 15 evidence, or both, relating to the matter under 16 investigation. The application may be made 17 within the judicial district where the hearing is 18 conducted or where that person is found, re- 19 sides, or transacts business. Any failure to obey 20 the order of the court may be punished by the 21 court as a civil contempt. 22 (C) SUBJECT MATTER JURISDICTION.— 23 The United States district court in which an ac- 24 tion is brought under subparagraph (B) shall 25 VerDate Sep 11 2014 21:38 May 20, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3233.PCS H3233 pamtmann on DSKBC07HB2PROD with BILLS 12 HR 3233 PCS have original jurisdiction over any civil action 1 brought by the Commission to enforce, secure a 2 declaratory judgment concerning the validity of, 3 or prevent a threatened refusal or failure to 4 comply with, any subpoena issued by the Com- 5 mission. 6 (D) SERVICE OF SUBPOENAS.—The sub- 7 poenas of the Commission shall be served in the 8 manner provided for subpoenas issued by a 9 United States district court under the Federal 10 Rules of Civil Procedure for the United States 11 district courts. 12 (E) SERVICE OF PROCESS.—All process of 13 any court to which application is made und [Text truncated for display. 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