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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 275 Introduced in House (IH)]

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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 
             referred 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch the National 
Commission on the Domestic Terrorist Attack Upon the United States 
Capitol (hereafter referred to as the ``Commission'').

SEC. 2. PURPOSES.

    Consistent with the functions described in section 4, the purposes 
of the Commission are to--
            (1) examine and report upon the facts and causes relating 
        to the domestic terrorist attack of January 6, 2021, which 
        occurred at the United States Capitol Complex;
            (2) ascertain, evaluate, and report on the evidence 
        developed by all relevant governmental agencies regarding the 
        facts and circumstances surrounding the attacks;
            (3) make a full and complete accounting of the 
        circumstances surrounding the attacks, and the extent of the 
        United States preparedness for, and immediate response to, the 
        attacks; and
            (4) investigate and report to the Chair and ranking 
        minority member of the Committee on House Administration, the 
        Chair and ranking minority member of the Committee on Rules and 
        Administration of the Senate, the President, and Congress on 
        its findings, conclusions, and recommendations for corrective 
        measures that can be taken to prevent acts of domestic 
        terrorism.

SEC. 3. COMPOSITION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 10 members, of 
whom--
            (1) 1 member shall be appointed by the President, who shall 
        serve as Chair of the Commission;
            (2) 1 member shall be appointed by the leader of the Senate 
        (majority or minority leader, as the case may be) of the 
        Republican Party, in consultation with the leader of the House 
        of Representatives (majority or minority leader, as case may 
        be) of the Republican Party, who shall serve as Vice-Chair of 
        the Commission;
            (3) 2 members shall be appointed by the senior member of 
        the Senate leadership of the Democratic Party;
            (4) 2 members shall be appointed by the senior member of 
        the leadership of the House of Representatives of the 
        Republican Party;
            (5) 2 members shall be appointed by the senior member of 
        the Senate leadership of the Republican Party; and
            (6) 2 members shall be appointed by the senior member of 
        the leadership of the House of Representatives of the 
        Democratic Party.
    (b) Qualifications; Initial Meeting.--
            (1) Political party affiliation.--Not more than 5 members 
        of the Commission shall be from the same political party.
            (2) Nongovernmental appointees.--An individual appointed to 
        the Commission may not be an officer or employee of the Federal 
        Government or any State or local government, except that not 
        more than two of the members who are appointed by Members of 
        Congress may be Members of Congress or other officers or 
        employees of the Federal Government.
            (3) 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 such professions as 
        governmental service, law enforcement, the armed services, law, 
        public administration, online dis-information and intelligence 
        gathering.
            (4) Timing for appointment.--All members of the Commission 
        shall be appointed on or after January 21, 2021, and on or 
        before February 15, 2021.
            (5) Initial meeting.--The Commission shall meet and begin 
        the initial operation of the Commission as soon as practicable.
    (c) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the Chair or a majority of its members. Six 
members of the Commission shall constitute a quorum. Any vacancy in the 
Commission shall not affect its powers, but shall be filled in the same 
manner in which the original appointment was made.
    (d) 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 IV of the Executive Schedule under 
section 5315 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.
    (e) Travel Expenses.--Each member of the Commission shall receive 
travel expenses, including per diem in lieu of subsistence, in 
accordance with applicable provisions under subchapter I of chapter 57 
of title 5, United States Code.

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 attacks on the United States 
        Capitol of January 6, 2021;
            (2) identify, review, and evaluate the causes of and the 
        lessons learned from the attacks regarding the structure, 
        coordination, management policies, and procedures of the 
        Federal Government, and, if appropriate, State and local 
        governments and nongovernmental entities, relative to 
        detecting, preventing, and responding to such kinds of attacks;
            (3) in consultation with the Chair and ranking minority 
        member of the Committee on House Administration and the Chair 
        and ranking minority member of the Committee on Rules and 
        Administration of the Senate--
                    (A) make interim reports on an ongoing basis on the 
                Commission's analysis of the security and safety of the 
                Capitol Complex which are directed at the chairs and 
                ranking minority members of such Committees and the 
                President, as well as other activities of the 
                Commission; and
                    (B) submit such reports to the chairs and ranking 
                minority members of such Committees, the President, and 
                Congress; and
            (4) in addition to the reports described in paragraph (3), 
        submit to the chairs and ranking minority members of such 
        Committees, the President, and Congress such other reports as 
        are required by this Act containing such findings, conclusions, 
        and recommendations as the Commission shall determine, 
        including proposing improvements in the organization, 
        coordination, planning, management arrangements, procedures, 
        rules, and regulations which are designed to prevent such kinds 
        of attacks.

SEC. 5. POWERS OF COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, 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, administer such oaths; 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, and 
                documents, as the Commission or such designated 
                subcommittee or designated member may determine 
                advisable.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued 
                        under this subsection only--
                                    (I) by the agreement of the Chair 
                                and the Vice-Chair; or
                                    (II) by the affirmative vote of 6 
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i), 
                        subpoenas issued under this subsection may be 
                        issued under the signature of the Chair or any 
                        member designated by a majority of the 
                        Commission, and may be served by any person 
                        designated by the Chair or by a member 
                        designated by a majority of the Commission.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        or failure to obey a subpoena issued under 
                        subsection (a), the United States district 
                        court for the judicial district in which the 
                        subpoenaed person resides, is served, or may be 
                        found, or where the subpoena is returnable, may 
                        issue an order requiring such person to appear 
                        at any designated place to testify or to 
                        produce documentary or other evidence. Any 
                        failure to obey the order of the court may be 
                        punished by the court as a contempt of that 
                        court.
                            (ii) Additional enforcement.--In the case 
                        of any failure of any witness to comply with 
                        any subpoena or to testify when summoned under 
                        authority of this section, the Commission may, 
                        by majority vote, certify a statement of fact 
                        constituting such failure to the appropriate 
                        United States attorney, who may bring the 
                        matter before the grand jury for its action, 
                        under the same statutory authority and 
                        procedures as if the United States attorney had 
                        received a certification under sections 102 
                        through 104 of the Revised Statutes of the 
                        United States (2 U.S.C. 192 through 194).
    (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 department or agency of the Government information 
        necessary to enable it to carry out this Act. Upon request of 
        the Chair, the chair of any subcommittee created by a majority 
        of the Commission, or any member designated by a majority of 
        the Commission, the head of that department or agency shall 
        furnish that 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 necessary for the Commission to 
        carry out its responsibilities under this Act.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and 
        agencies of the United States may provide to the Commission 
        such services, funds, facilities, staff, and other support 
        services as they may determine advisable and as may be 
        authorized by law.
    (e) Gifts, Bequests, and Devises.--The Commission may accept, use, 
and dispose of gifts, bequests, or 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 
mails in the same manner and under the same conditions as departments 
and agencies of the United States.

SEC. 6. STAFF OF COMMISSION.

    (a) Appointment; Compensation.--
            (1) In general.--Except as provided in paragraph (2), the 
        Chair, in consultation with the Vice-Chair, 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 
        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 V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code.
            (2) Prohibiting compensation of federal employees.--Members 
        of the Commission who are full-time officers or employees of 
        the United States, including Members of Congress, may not 
        receive additional pay, allowances, or benefits by reason of 
        their service on the Commission.
    (b) Coverage Under Congressional Accountability Act of 1995.--For 
purposes of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 
et seq.)--
            (1) the Commission shall be considered an employing office; 
        and
            (2) the personnel of the Commission shall be considered 
        covered employees.
    (c) 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.
    (d) Staff of Federal Agencies.--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 it in carrying 
out its duties under this Act.

SEC. 7. SECURITY CLEARANCES FOR MEMBERS AND STAFF.

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

SEC. 8. 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 required under 
        section 9.
    (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. 9. REPORTS; TERMINATION.

    (a) Interim Reports.--In addition to the reports required under 
section 4(3), the Commission may submit to the Chair and ranking 
minority member of the Committee on House Administration, the Chair and 
ranking minority member of the Committee on Rules and Administration of 
the Senate, 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 18 months after the date of the 
enactment of this Act, the Commission shall submit to the Chair and 
ranking minority member of the Committee on House Administration, the 
Chair and ranking minority member of the Committee on Rules and 
Administration of the Senate, 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. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are 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.
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