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 re-
ferred 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ESTABLISHMENT OF COMMISSION. 
There is established in the legislative branch the Na-
tional 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— 
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(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 evi-
dence developed by all relevant governmental agen-
cies regarding the facts and circumstances sur-
rounding the attacks; 
(3) make a full and complete accounting of the 
circumstances surrounding the attacks, and the ex-
tent of the United States preparedness for, and im-
mediate 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 minor-
ity member of the Committee on Rules and Adminis-
tration 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 Presi-
dent, who shall serve as Chair of the Commission; 
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(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 consulta-
tion 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 Represent-
atives 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 Represent-
atives 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 in-
dividual appointed to the Commission may not be an 
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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 Govern-
ment. 
(3) OTHER QUALIFICATIONS.—It is the sense of 
Congress that individuals appointed to the Commis-
sion should be prominent United States citizens, 
with national recognition and significant depth of ex-
perience in such professions as governmental service, 
law enforcement, the armed services, law, public ad-
ministration, 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 Commis-
sion 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 Commis-
sion shall constitute a quorum. Any vacancy in the Com-
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mission 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 Commis-
sion may be compensated at not to exceed the daily equiva-
lent 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 Com-
mission shall receive travel expenses, including per diem 
in lieu of subsistence, in accordance with applicable provi-
sions 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 non-
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governmental entities, relative to detecting, pre-
venting, and responding to such kinds of attacks; 
(3) in consultation with the Chair and ranking 
minority member of the Committee on House Ad-
ministration and the Chair and ranking minority 
member of the Committee on Rules and Administra-
tion of the Senate— 
(A) make interim reports on an ongoing 
basis on the Commission’s analysis of the secu-
rity and safety of the Capitol Complex which 
are directed at the chairs and ranking minority 
members of such Committees and the Presi-
dent, as well as other activities of the Commis-
sion; 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 para-
graph (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 rec-
ommendations as the Commission shall determine, 
including proposing improvements in the organiza-
tion, coordination, planning, management arrange-
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ments, 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 Commis-
sion or, on the authority of the Commission, any 
subcommittee or member thereof, may, for the pur-
pose of carrying out this Act— 
(A) hold such hearings and sit and act at 
such times and places, take such testimony, re-
ceive 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, memo-
randa, papers, and documents, as the Commis-
sion or such designated subcommittee or des-
ignated 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 
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(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 consti-
tuting 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 appropria-
tion 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 Gov-
ernment 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 
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Commission, or any member designated by a major-
ity of the Commission, the head of that department 
or agency shall furnish that information to the Com-
mission. 
(2) RECEIPT, HANDLING, STORAGE, AND DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by members of 
the Commission and its staff consistent with all ap-
plicable statutes, regulations, and Executive orders. 
(d) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) GENERAL
SERVICES
ADMINISTRATION.— 
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission, 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 Commis-
sion may accept, use, and dispose of gifts, bequests, or 
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devises of services or property, both real and personal, for 
the purpose of aiding or facilitating the work of the Com-
mission. 
(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 para-
graph (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 chap-
ter 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. 
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(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 ad-
ditional pay, allowances, or benefits by reason of 
their service on the Commission. 
(b) COVERAGE UNDER CONGRESSIONAL ACCOUNT-
ABILITY ACT OF 1995.—For purposes of the Congres-
sional Accountability Act of 1995 (2 U.S.C. 1301 et 
seq.)— 
(1) the Commission shall be considered an em-
ploying 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 serv-
ices under section 3109 of title 5, United States Code, 
but at rates for individuals not to exceed the daily equiva-
lent 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 depart-
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ment 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 pro-
viding to the Commission members and staff appropriate 
security clearances to the extent possible pursuant to ex-
isting 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 COM-
MITTEE 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 ex-
tent appropriate; and 
(2) release public versions of the reports re-
quired under section 9. 
(c) CONDUCT OF PUBLIC HEARINGS.—Any public 
hearings of the Commission shall be conducted in a man-
ner 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. 
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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 Com-
mittee on House Administration, the Chair and ranking 
minority member of the Committee on Rules and Adminis-
tration of the Senate, the President, and Congress interim 
reports containing such findings, conclusions, and rec-
ommendations 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 ex-
piration of the 60-day period which begins on the 
date on which the Commission submits the final re-
port under subsection (b). 
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(2) ADMINISTRATIVE ACTIVITIES BEFORE TER-
MINATION.—The Commission may use the 60-day 
period referred to in paragraph (1) for the purpose 
of concluding its activities, including providing testi-
mony to committees of Congress concerning its re-
ports and disseminating the final report. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated such sums as may be necessary to carry out this 
Act. 
(b) AVAILABILITY
OF
FUNDS.—Amounts appro-
priated pursuant to the authorization under this section 
shall remain available until expended. 
Æ 
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