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 referred to the Committee on Homeland Security 

A BILL 

To establish the National Commission on the Domestic 

Terrorist Attack Upon the United States Capitol. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ESTABLISHMENT OF COMMISSION. 

4 There is established in the legislative branch the Na5 tional Commission on the Domestic Terrorist Attack Upon 

6 the United States Capitol (hereafter referred to as the 

7 ‘‘Commission’’). 

8 SEC. 2. PURPOSES. 

9 Consistent with the functions described in section 4, 

10 the purposes of the Commission are to— 


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1 (1) examine and report upon the facts and 

2 causes relating to the domestic terrorist attack of 

3 January 6, 2021, which occurred at the United 

4 States Capitol Complex; 

5 (2) ascertain, evaluate, and report on the evi6 dence developed by all relevant governmental agen7 cies regarding the facts and circumstances sur8 rounding the attacks; 

9 (3) make a full and complete accounting of the 

10 circumstances surrounding the attacks, and the ex11 tent of the United States preparedness for, and im12 mediate response to, the attacks; and 

13 (4) investigate and report to the Chair and 

14 ranking minority member of the Committee on 

15 House Administration, the Chair and ranking minor16 ity member of the Committee on Rules and Adminis17 tration of the Senate, the President, and Congress 

18 on its findings, conclusions, and recommendations 

19 for corrective measures that can be taken to prevent 

20 acts of domestic terrorism. 

21 SEC. 3. 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 Presi25 dent, who shall serve as Chair of the Commission; 


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1 (2) 1 member shall be appointed by the leader 

2 of the Senate (majority or minority leader, as the 

3 case may be) of the Republican Party, in consulta4 tion with the leader of the House of Representatives 

5 (majority or minority leader, as case may be) of the 

6 Republican Party, who shall serve as Vice-Chair of 

7 the Commission; 

8 (3) 2 members shall be appointed by the senior 

9 member of the Senate leadership of the Democratic 

10 Party; 

11 (4) 2 members shall be appointed by the senior 

12 member of the leadership of the House of Represent13 atives of the Republican Party; 

14 (5) 2 members shall be appointed by the senior 

15 member of the Senate leadership of the Republican 

16 Party; and 

17 (6) 2 members shall be appointed by the senior 

18 member of the leadership of the House of Represent19 atives of the Democratic Party. 

20 (b) QUALIFICATIONS; INITIAL MEETING.— 

21 (1) POLITICAL PARTY AFFILIATION.—Not more 

22 than 5 members of the Commission shall be from 

23 the same political party. 

24 (2) NONGOVERNMENTAL APPOINTEES.—An in25 dividual appointed to the Commission may not be an 


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1 officer or employee of the Federal Government or 

2 any State or local government, except that not more 

3 than two of the members who are appointed by 

4 Members of Congress may be Members of Congress 

5 or other officers or employees of the Federal Govern6 ment. 

7 (3) OTHER QUALIFICATIONS.—It is the sense of 

8 Congress that individuals appointed to the Commis9 sion should be prominent United States citizens, 

10 with national recognition and significant depth of ex11 perience in such professions as governmental service, 

12 law enforcement, the armed services, law, public ad13 ministration, online dis-information and intelligence 

14 gathering. 

15 (4) TIMING FOR APPOINTMENT.—All members 

16 of the Commission shall be appointed on or after 

17 January 21, 2021, and on or before February 15, 

18 2021. 

19 (5) INITIAL MEETING.—The Commission shall 

20 meet and begin the initial operation of the Commis21 sion as soon as practicable. 

22 (c) QUORUM; VACANCIES.—After its initial meeting, 

23 the Commission shall meet upon the call of the Chair or 

24 a majority of its members. Six members of the Commis25 sion shall constitute a quorum. Any vacancy in the ComVerDate Sep 11 2014 05:48 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H275.IH H275

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1 mission shall not affect its powers, but shall be filled in 

2 the same manner in which the original appointment was 

3 made. 

4 (d) COMPENSATION.—Each member of the Commis5 sion may be compensated at not to exceed the daily equiva6 lent of the annual rate of basic pay in effect for a position 

7 at level IV of the Executive Schedule under section 5315 

8 of title 5, United States Code, for each day during which 

9 that member is engaged in the actual performance of the 

10 duties of the Commission. 

11 (e) TRAVEL EXPENSES.—Each member of the Com12 mission shall receive travel expenses, including per diem 

13 in lieu of subsistence, in accordance with applicable provi14 sions under subchapter I of chapter 57 of title 5, United 

15 States Code. 

16 SEC. 4. FUNCTIONS OF COMMISSION. 

17 The functions of the Commission are to— 

18 (1) conduct an investigation of the relevant 

19 facts and circumstances relating to the attacks on 

20 the United States Capitol of January 6, 2021; 

21 (2) identify, review, and evaluate the causes of 

22 and the lessons learned from the attacks regarding 

23 the structure, coordination, management policies, 

24 and procedures of the Federal Government, and, if 

25 appropriate, State and local governments and nonVerDate Sep 11 2014 05:48 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H275.IH H275

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1 governmental entities, relative to detecting, pre2 venting, and responding to such kinds of attacks; 

3 (3) in consultation with the Chair and ranking 

4 minority member of the Committee on House Ad5 ministration and the Chair and ranking minority 

6 member of the Committee on Rules and Administra7 tion of the Senate— 

8 (A) make interim reports on an ongoing 

9 basis on the Commission’s analysis of the secu10 rity and safety of the Capitol Complex which 

11 are directed at the chairs and ranking minority 

12 members of such Committees and the Presi13 dent, as well as other activities of the Commis14 sion; and 

15 (B) submit such reports to the chairs and 

16 ranking minority members of such Committees, 

17 the President, and Congress; and 

18 (4) in addition to the reports described in para19 graph (3), submit to the chairs and ranking minority 

20 members of such Committees, the President, and 

21 Congress such other reports as are required by this 

22 Act containing such findings, conclusions, and rec23 ommendations as the Commission shall determine, 

24 including proposing improvements in the organiza25 tion, coordination, planning, management arrangeVerDate Sep 11 2014 05:48 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H275.IH H275

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1 ments, procedures, rules, and regulations which are 

2 designed to prevent such kinds of attacks. 

3 SEC. 5. POWERS OF COMMISSION. 

4 (a) IN GENERAL.— 

5 (1) HEARINGS AND EVIDENCE.—The Commis6 sion or, on the authority of the Commission, any 

7 subcommittee or member thereof, may, for the pur8 pose of carrying out this Act— 

9 (A) hold such hearings and sit and act at 

10 such times and places, take such testimony, re11 ceive such evidence, administer such oaths; and 

12 (B) subject to paragraph (2)(A), require, 

13 by subpoena or otherwise, the attendance and 

14 testimony of such witnesses and the production 

15 of such books, records, correspondence, memo16 randa, papers, and documents, as the Commis17 sion or such designated subcommittee or des18 ignated member may determine advisable. 

19 (2) SUBPOENAS.— 

20 (A) ISSUANCE.— 

21 (i) IN GENERAL.—A subpoena may be 

22 issued under this subsection only— 

23 (I) by the agreement of the Chair 

24 and the Vice-Chair; or 


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1 (II) by the affirmative vote of 6 

2 members of the Commission. 

3 (ii) SIGNATURE.—Subject to clause 

4 (i), subpoenas issued under this subsection 

5 may be issued under the signature of the 

6 Chair or any member designated by a ma7 jority of the Commission, and may be 

8 served by any person designated by the 

9 Chair or by a member designated by a ma10 jority of the Commission. 

11 (B) ENFORCEMENT.— 

12 (i) IN GENERAL.—In the case of con13 tumacy or failure to obey a subpoena 

14 issued under subsection (a), the United 

15 States district court for the judicial district 

16 in which the subpoenaed person resides, is 

17 served, or may be found, or where the sub18 poena is returnable, may issue an order re19 quiring such person to appear at any des20 ignated place to testify or to produce docu21 mentary or other evidence. Any failure to 

22 obey the order of the court may be pun23 ished by the court as a contempt of that 

24 court. 


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1 (ii) ADDITIONAL ENFORCEMENT.—In 

2 the case of any failure of any witness to 

3 comply with any subpoena or to testify 

4 when summoned under authority of this 

5 section, the Commission may, by majority 

6 vote, certify a statement of fact consti7 tuting such failure to the appropriate 

8 United States attorney, who may bring the 

9 matter before the grand jury for its action, 

10 under the same statutory authority and 

11 procedures as if the United States attorney 

12 had received a certification under sections 

13 102 through 104 of the Revised Statutes 

14 of the United States (2 U.S.C. 192 

15 through 194). 

16 (b) CONTRACTING.—The Commission may, to such 

17 extent and in such amounts as are provided in appropria18 tion Acts, enter into contracts to enable the Commission 

19 to discharge its duties under this Act. 

20 (c) OBTAINING OFFICIAL DATA.— 

21 (1) IN GENERAL.—The Commission may secure 

22 directly from any department or agency of the Gov23 ernment information necessary to enable it to carry 

24 out this Act. Upon request of the Chair, the chair 

25 of any subcommittee created by a majority of the 


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1 Commission, or any member designated by a major2 ity of the Commission, the head of that department 

3 or agency shall furnish that information to the Com4 mission. 

5 (2) RECEIPT, HANDLING, STORAGE, AND DIS6 SEMINATION.—Information shall only be received, 

7 handled, stored, and disseminated by members of 

8 the Commission and its staff consistent with all ap9 plicable statutes, regulations, and Executive orders. 

10 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 

11 (1) GENERAL SERVICES ADMINISTRATION.— 

12 Upon the request of the Commission, the Adminis13 trator of General Services shall provide to the Com14 mission, on a reimbursable basis, the administrative 

15 support services necessary for the Commission to 

16 carry out its responsibilities under this Act. 

17 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

18 addition to the assistance prescribed in paragraph 

19 (1), departments and agencies of the United States 

20 may provide to the Commission such services, funds, 

21 facilities, staff, and other support services as they 

22 may determine advisable and as may be authorized 

23 by law. 

24 (e) GIFTS, BEQUESTS, AND DEVISES.—The Commis25 sion may accept, use, and dispose of gifts, bequests, or 


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1 devises of services or property, both real and personal, for 

2 the purpose of aiding or facilitating the work of the Com3 mission. 

4 (f) POSTAL SERVICES.—The Commission may use 

5 the United States mails in the same manner and under 

6 the same conditions as departments and agencies of the 

7 United States. 

8 SEC. 6. STAFF OF COMMISSION. 

9 (a) APPOINTMENT; COMPENSATION.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), the Chair, in consultation with the Vice12 Chair, in accordance with rules agreed upon by the 

13 Commission, may appoint and fix the compensation 

14 of a Staff Director and such other personnel as may 

15 be necessary to enable the Commission to carry out 

16 its functions, without regard to the provisions of 

17 title 5, United States Code, governing appointments 

18 in the competitive service, and without regard to the 

19 provisions of chapter 51 and subchapter III of chap20 ter 53 of such title relating to classification and 

21 General Schedule pay rates, except that no rate of 

22 pay fixed under this subsection may exceed the 

23 equivalent of that payable for a position at level V 

24 of the Executive Schedule under section 5316 of title 

25 5, United States Code. 


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1 (2) PROHIBITING COMPENSATION OF FEDERAL

2 EMPLOYEES.—Members of the Commission who are 

3 full-time officers or employees of the United States, 

4 including Members of Congress, may not receive ad5 ditional pay, allowances, or benefits by reason of 

6 their service on the Commission. 

7 (b) COVERAGE UNDER CONGRESSIONAL ACCOUNT8 ABILITY ACT OF 1995.—For purposes of the Congres9 sional Accountability Act of 1995 (2 U.S.C. 1301 et 

10 seq.)— 

11 (1) the Commission shall be considered an em12 ploying office; and 

13 (2) the personnel of the Commission shall be 

14 considered covered employees. 

15 (c) EXPERTS AND CONSULTANTS.—The Commission 

16 is authorized to procure temporary and intermittent serv17 ices under section 3109 of title 5, United States Code, 

18 but at rates for individuals not to exceed the daily equiva19 lent of the maximum annual rate of basic pay under level 

20 IV of the Executive Schedule under section 5315 of title 

21 5, United States Code. 

22 (d) STAFF OF FEDERAL AGENCIES.—The head of 

23 any Federal department or agency may detail, on a non24 reimbursable basis, any of the personnel of that departVerDate Sep 11 2014 05:48 Feb 05, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H275.IH H275

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1 ment or agency to the Commission to assist it in carrying 

2 out its duties under this Act. 

3 SEC. 7. SECURITY CLEARANCES FOR MEMBERS AND STAFF. 

4 The appropriate Federal agencies or departments 

5 shall cooperate with the Commission in expeditiously pro6 viding to the Commission members and staff appropriate 

7 security clearances to the extent possible pursuant to ex8 isting procedures and requirements, except that no person 

9 shall be provided with access to classified information 

10 under this Act without the appropriate security clearances. 

11 SEC. 8. NONAPPLICABILITY OF FEDERAL ADVISORY COM12 MITTEE ACT. 

13 (a) IN GENERAL.—The Federal Advisory Committee 

14 Act (5 U.S.C. App.) shall not apply to the Commission. 

15 (b) PUBLIC MEETINGS AND RELEASE OF PUBLIC

16 VERSIONS OF REPORTS.—The Commission shall— 

17 (1) hold public hearings and meetings to the ex18 tent appropriate; and 

19 (2) release public versions of the reports re20 quired under section 9. 

21 (c) CONDUCT OF PUBLIC HEARINGS.—Any public 

22 hearings of the Commission shall be conducted in a man23 ner consistent with the protection of information provided 

24 to or developed for or by the Commission as required by 

25 any applicable statute, regulation, or Executive order. 


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1 SEC. 9. REPORTS; TERMINATION. 

2 (a) INTERIM REPORTS.—In addition to the reports 

3 required under section 4(3), the Commission may submit 

4 to the Chair and ranking minority member of the Com5 mittee on House Administration, the Chair and ranking 

6 minority member of the Committee on Rules and Adminis7 tration of the Senate, the President, and Congress interim 

8 reports containing such findings, conclusions, and rec9 ommendations for corrective measures as have been 

10 agreed to by a majority of Commission members. 

11 (b) FINAL REPORT.—Not later than 18 months after 

12 the date of the enactment of this Act, the Commission 

13 shall submit to the Chair and ranking minority member 

14 of the Committee on House Administration, the Chair and 

15 ranking minority member of the Committee on Rules and 

16 Administration of the Senate, the President, and Congress 

17 a final report containing such findings, conclusions, and 

18 recommendations for corrective measures as have been 

19 agreed to by a majority of Commission members. 

20 (c) TERMINATION.— 

21 (1) IN GENERAL.—The Commission, and all the 

22 authorities of this Act, shall terminate upon the ex23 piration of the 60-day period which begins on the 

24 date on which the Commission submits the final re25 port under subsection (b). 


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1 (2) ADMINISTRATIVE ACTIVITIES BEFORE TER2 MINATION.—The Commission may use the 60-day 

3 period referred to in paragraph (1) for the purpose 

4 of concluding its activities, including providing testi5 mony to committees of Congress concerning its re6 ports and disseminating the final report. 

7 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) IN GENERAL.—There are authorized to be appro9 priated such sums as may be necessary to carry out this 

10 Act. 

11 (b) AVAILABILITY OF FUNDS.—Amounts appro12 priated pursuant to the authorization under this section 

13 shall remain available until expended. 

Æ 


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