Federal

To establish the National Commission on Domestic Terrorist Attacks on the United States by Antifa, and for other purposes.

Source: Congress.gov · 2,730 words in original text

What This Bill Does

This bill creates a National Commission on Domestic Terrorist Attacks on the United States by Antifa. The commission would investigate Antifa's involvement in riots that occurred in 2020 and report its findings to the President and Congress. The bill also gives the commission the power to hold hearings, require testimony, and make recommendations to prevent future attacks.

Who It Affects

Members of Congress who appoint commissioners, appointed commission members themselves, federal agencies that must provide information and assistance, witnesses who may be called to testify, and the President and Congress who receive the commission's reports.

Key Provisions

- The commission has 10 members appointed by Senate and House leadership, with no more than 5 from the same political party (Sec. 3) - Members cannot be current government officials, state or local government employees, or members of Congress (Sec. 3) - The commission can hold hearings, take testimony, and issue subpoenas to force witnesses to testify or produce documents (Sec. 5) - Federal agencies must provide the commission with any information related to its investigation (Sec. 5) - The commission must submit an initial report within 1 year of its first meeting and a final report 6 months after that (Sec. 9)

What Changes

If enacted, this bill establishes a new government commission with authority to investigate 2020 riots in ten specified cities and Antifa's role in them. The commission gains power to subpoena witnesses and documents, require federal agencies to share information, and make recommendations to Congress and the President about preventing future riots.

Important Definitions

None defined in bill text.

I 118TH CONGRESS 1ST SESSION H. R. 649 To establish the National Commission on Domestic Terrorist Attacks on the United States by Antifa, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 31, 2023 Mr. BACON (for himself, Ms. SALAZAR, Mr. BABIN, and Ms. TENNEY) intro- duced the following bill; which was referred to the Committee on the Ju- diciary A BILL To establish the National Commission on Domestic Terrorist Attacks on the United States by Antifa, 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. ESTABLISHMENT OF COMMISSION. 3 There is established the National Commission on Do- 4 mestic Terrorist Attacks on the United States by Antifa 5 (in this Act referred to as the ‘‘Commission’’). 6 SEC. 2. PURPOSES. 7 The purposes of the Commission are to— 8 VerDate Sep 11 2014 04:47 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 649 IH (1) examine and report upon the facts and 1 causes relating to the involvement of Antifa in the 2 2020 riots, including the costly and deadly riots in— 3 (A) Minneapolis, Minnesota; 4 (B) Rochester, New York; 5 (C) Los Angeles, California; 6 (D) Washington, DC; 7 (E) Miami, Florida; 8 (F) Portland, Oregon; 9 (G) Seattle, Washington; 10 (H) Atlanta, Georgia; 11 (I) Chicago, Illinois; and 12 (J) Philadelphia, Pennsylvania; 13 (2) ascertain, evaluate, and report on the evi- 14 dence developed by all relevant governmental agen- 15 cies regarding the facts and circumstances sur- 16 rounding the involvement of Antifa in the 2020 17 riots; 18 (3) make a full and complete accounting of the 19 circumstances surrounding involvement of Antifa in 20 the 2020 riots, and the extent of the United States 21 preparedness for, and response to, such riots and 22 the Antifa organization; and 23 (4) investigate and report to the President and 24 Congress on its findings, conclusions, and rec- 25 VerDate Sep 11 2014 04:47 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 649 IH ommendations for corrective measures that can be 1 taken to prevent further attacks and violent riots 2 perpetrated by Antifa. 3 SEC. 3. COMPOSITION OF THE COMMISSION. 4 (a) MEMBERS.—Subject to the requirements of sub- 5 section (b), the Commission shall be composed of 10 mem- 6 bers, of whom— 7 (1) 3 members shall be appointed by the major- 8 ity leader of the Senate; 9 (2) 2 members shall be appointed by the Speak- 10 er of the House of Representatives; 11 (3) 3 members shall be appointed by the minor- 12 ity leader of the Senate; and 13 (4) 2 members shall be appointed by the minor- 14 ity leader of the House of Representatives. 15 (b) QUALIFICATIONS.— 16 (1) POLITICAL PARTY AFFILIATION.—Not more 17 than 5 members of the Commission shall be from 18 the same political party. 19 (2) NONGOVERNMENTAL APPOINTEES.—No 20 member of the Commission shall be an officer or em- 21 ployee of the Federal Government or any State or 22 local government, or a Member of Congress. 23 (3) OTHER QUALIFICATIONS.—It is the sense of 24 Congress that individuals appointed to the Commis- 25 VerDate Sep 11 2014 04:47 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 649 IH sion should be prominent United States citizens, 1 with national recognition and significant depth of ex- 2 perience in such professions as governmental service, 3 law enforcement, the armed services, legal practice, 4 public administration, intelligence gathering, com- 5 merce, including domestic terrorism, and foreign af- 6 fairs. 7 (c) CHAIRPERSON; VICE CHAIRPERSON.— 8 (1) IN GENERAL.—Subject to the requirement 9 of paragraph (2), the Chairperson and Vice Chair- 10 person of the Commission shall be elected by the 11 members. 12 (2) POLITICAL PARTY AFFILIATION.—The 13 Chairperson and Vice Chairperson shall not be from 14 the same political party. 15 (d) INITIAL MEETING.—If 60 days after the date of 16 enactment of this Act, 6 or more members of the Commis- 17 sion have been appointed, those members who have been 18 appointed may meet and, if necessary, select a temporary 19 Chairperson and Vice Chairperson, who may begin the op- 20 erations of the Commission, including the hiring of staff. 21 (e) QUORUM; VACANCIES.—After its initial meeting, 22 the Commission shall meet upon the call of the Chair- 23 person or a majority of its members. Six members of the 24 Commission shall constitute a quorum. Any vacancy in the 25 VerDate Sep 11 2014 04:47 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 649 IH Commission shall not affect its powers, but shall be filled 1 in the same manner in which the original appointment was 2 made. 3 SEC. 4. FUNCTIONS OF THE COMMISSION. 4 (a) IN GENERAL.—The functions of the Commission 5 are to— 6 (1) investigate the relevant facts and cir- 7 cumstances relating to the involvement of Antifa in 8 the 2020 riots, including any relevant legislation, 9 Executive order, regulation, plan, policy, practice, or 10 procedure; 11 (2) identify, review, and evaluate the lessons 12 learned from such riots, regarding the structure, co- 13 ordination, management policies, and procedures of 14 the Federal Government, and, if appropriate, State 15 and local governments and nongovernmental entities, 16 relative to detecting, preventing, and responding to 17 Antifa; and 18 (3) submit to the President and Congress such 19 reports as are required by this Act containing such 20 findings, conclusions, and recommendations as the 21 Commission shall determine, including proposing or- 22 ganization, coordination, planning, management ar- 23 rangements, procedures, rules, and regulations. 24 VerDate Sep 11 2014 04:47 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 649 IH (b) SCOPE OF INVESTIGATION.—For purposes of sub- 1 section (a)(1), the term ‘‘facts and circumstances’’ in- 2 cludes facts and circumstances relating to— 3 (1) intelligence agencies; 4 (2) law enforcement agencies; 5 (3) diplomacy; 6 (4) immigration, nonimmigrant visas, and bor- 7 der control; 8 (5) the flow of assets to terrorist organizations, 9 including Antifa; and 10 (6) other areas of the public and private sectors 11 determined relevant by the Commission for its in- 12 quiry. 13 SEC. 5. POWER OF THE COMMISSION. 14 (a) HEARINGS AND EVIDENCE.—The Commission 15 may, for purposes of carrying out this Act— 16 (1) hold hearings, sit and act at times and 17 places, take testimony, receive evidence, and admin- 18 ister oaths; and 19 (2) require, by subpoena or otherwise, the at- 20 tendance and testimony of witnesses and the produc- 21 tion of books, records, correspondence, memoranda, 22 papers, and documents. 23 (b) SUBPOENAS.— 24 VerDate Sep 11 2014 04:47 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 649 IH (1) SERVICE.—Subpoenas issued under sub- 1 section (a)(2) may be served by any person des- 2 ignated by the Commission. 3 (2) ENFORCEMENT.— 4 (A) IN GENERAL.—In the case of contu- 5 macy or failure to obey a subpoena issued 6 under subsection (a)(2), the United States dis- 7 trict court for the judicial district in which the 8 subpoenaed person resides, is served, or may be 9 found, or where the subpoena is returnable, 10 may issue an order requiring such person to ap- 11 pear at any designated place to testify or to 12 produce documentary or other evidence. Any 13 failure to obey the order of the court may be 14 punished by the court as a contempt of that 15 court. 16 (B) ADDITIONAL ENFORCEMENT.—Sec- 17 tions 102 through 104 of the Revised Statutes 18 of the United States (2 U.S.C. 192 through 19 194) shall apply in the case of any failure of 20 any witness to comply with any subpoena or to 21 testify when summoned under authority of this 22 section. 23 (c) CLOSED MEETINGS.—Notwithstanding any other 24 provision of law which would require meetings of the Com- 25 VerDate Sep 11 2014 04:47 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 649 IH mission to be open to the public, any portion of a meeting 1 of the Commission may be closed to the public if the Presi- 2 dent determines that such portion is likely to disclose mat- 3 ters that could endanger national security. 4 (d) CONTRACTING.—The Commission may, to such 5 extent and in such amounts as are provided in appropria- 6 tion Acts, enter into contracts to enable the Commission 7 to discharge its duties under this Act. 8 (e) INFORMATION FROM FEDERAL AGENCIES.—The 9 Commission may secure directly from any department, 10 agency, or instrumentality of the United States any infor- 11 mation related to any inquiry of the Commission con- 12 ducted under this Act. Each such department, agency, or 13 instrumentality shall, to the extent authorized by law, fur- 14 nish such information directly to the Commission upon re- 15 quest. 16 (f) ASSISTANCE FROM FEDERAL AGENCIES.— 17 (1) GENERAL SERVICES ADMINISTRATION.— 18 The Administrator of General Services shall provide 19 to the Commission on a reimbursable basis adminis- 20 trative support and other services for the perform- 21 ance of the Commission’s functions. 22 (2) OTHER DEPARTMENTS AND AGENCIES.—In 23 addition to the assistance prescribed in paragraph 24 (1), departments and agencies of the United States 25 VerDate Sep 11 2014 04:47 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 649 IH are authorized to provide to the Commission such 1 services, funds, facilities, staff, and other support 2 services as they may determine advisable and as may 3 be authorized by law. 4 (g) GIFTS.—The Commission may, to such extent 5 and in such amounts as are provided in appropriation 6 Acts, accept, use, and dispose of gifts or donations of serv- 7 ices or property. 8 (h) POSTAL SERVICES.—The Commission may use 9 the United States mails in the same manner and under 10 the same conditions as departments and agencies of the 11 United States. 12 (i) POWERS OF SUBCOMMITTEES, MEMBERS, AND 13 AGENTS.—Any subcommittee, member, or agent of the 14 Commission may, if authorized by the Commission, take 15 any action which the Commission is authorized to take by 16 this section. 17 SEC. 6. STAFF OF THE COMMISSION. 18 (a) DIRECTOR.—The Commission shall have a Direc- 19 tor who shall be appointed by the Chairperson and the 20 Vice Chairperson, acting jointly. 21 (b) STAFF.—The Chairperson, in consultation with 22 the Vice Chairperson, may appoint additional personnel as 23 may be necessary to enable the Commission to carry out 24 its functions. 25 VerDate Sep 11 2014 04:47 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 649 IH (c) APPLICABILITY OF CERTAIN CIVIL SERVICE 1 LAWS.—The Director and staff of the Commission may 2 be appointed without regard to the provisions of title 5, 3 United States Code, governing appointments in the com- 4 petitive service, and may be paid without regard to the 5 provisions of chapter 51 and subchapter III of chapter 53 6 of such title relating to classification and General Schedule 7 pay rates, except that no rate of pay fixed under this sub- 8 section may exceed the equivalent of that payable for a 9 position at level V of the Executive Schedule under section 10 5316 of title 5, United States Code. Any individual ap- 11 pointed under subsection (a) or (b) shall be treated as an 12 employee for purposes of chapters 63, 81, 83, 84, 85, 87, 13 89, and 90 of that title. 14 (d) DETAILEES.—Any Federal Government employee 15 may be detailed to the Commission without reimbursement 16 from the Commission, and such detailee shall retain the 17 rights, status, and privileges of his or her regular employ- 18 ment without interruption. 19 (e) CONSULTANT SERVICES.—The Commission is au- 20 thorized to procure the services of experts and consultants 21 in accordance with section 3109 of title 5, United States 22 Code, but at rates not to exceed the daily rate paid a per- 23 son occupying a position at level IV of the Executive 24 VerDate Sep 11 2014 04:47 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 649 IH Schedule under section 5315 of title 5, United States 1 Code. 2 SEC. 7. COMPENSATION AND TRAVEL EXPENSES. 3 (a) 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 (b) TRAVEL EXPENSES.—While away from their 11 homes or regular places of business in the performance 12 of services for the Commission, members of the Commis- 13 sion shall be allowed travel expenses, including per diem 14 in lieu of subsistence, in the same manner as persons em- 15 ployed intermittently in the Government service are al- 16 lowed expenses under section 5703(b) of title 5, United 17 States Code. 18 SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEM- 19 BERS AND STAFF. 20 The appropriate executive departments and agencies 21 shall cooperate with the Commission in expeditiously pro- 22 viding to the Commission members and staff appropriate 23 security clearances in a manner consistent with existing 24 procedures and requirements, except that no person shall 25 VerDate Sep 11 2014 04:47 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H649.IH H649 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 649 IH be provided with access to classified information under 1 this section who would not otherwise qualify for such secu- 2 rity clearance. 3 SEC. 9. REPORTS OF THE COMMISSION; TERMINATION. 4 (a) INITIAL REPORT.—Not later than 1 year after 5 the date of the first meeting of the Commission, the Com- 6 mission shall submit to the President and Congress an ini- 7 tial report containing such findings, conclusions, and rec- 8 ommendations for corrective measures as have been 9 agreed to by a majority of Commission members. 10 (b) FINAL REPORT.—Not later than 6 months after 11 the submission of the initial re [Text truncated for display. Full text available on Congress.gov.]

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