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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Commission 
to Investigate the January 6 Attack on the United States 
Capitol Complex Act’’. 
SEC. 2. ESTABLISHMENT OF COMMISSION. 
There is established in the legislative branch the Na-
tional Commission to Investigate the January 6 Attack on 
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such terrorist attack and targeted violence and do-
mestic terrorism relevant to such terrorist attack. 
(3) To build upon the investigations of other 
entities and avoid unnecessary duplication by review-
ing the findings, conclusions, and recommendations 
of other executive branch, congressional, or inde-
pendent bipartisan or non-partisan commission in-
vestigations into the domestic terrorist attack on the 
Capitol and targeted violence and domestic terrorism 
relevant to such terrorist attack, including investiga-
tions into influencing factors related to such ter-
rorist attack. 
(4) To investigate and report to the President 
and Congress on its findings, conclusions, and rec-
ommendations for corrective measures that may in-
clude changes in law, policy, procedures, rules, or 
regulations that could be taken to prevent future 
acts of targeted violence and domestic terrorism, in-
cluding to prevent domestic terrorist attacks against 
American democratic institutions, improve the secu-
rity posture of the United States Capitol Complex 
while preserving accessibility of the Capitol Complex 
for all Americans, and strengthen the security and 
resilience of the Nation and American democratic in-
stitutions against domestic terrorism. 
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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 domestic ter-
rorist attack on the Capitol, including relevant facts 
and circumstances relating to— 
(A) activities of intelligence agencies, law 
enforcement agencies, and the Armed Forces, 
including with respect to intelligence collection, 
analysis, and dissemination and information 
sharing among relevant instrumentality of gov-
ernment; 
(B) influencing factors that contributed to 
the domestic terrorist attack on the Capitol and 
how technology, including online platforms, fi-
nancing, and malign foreign influence oper-
ations and campaigns may have factored into 
the motivation, organization, and execution of 
the domestic terrorist attack on the Capitol and 
targeted violence and domestic terrorism rel-
evant to such attack; and 
(C) other entities of the public and private 
sector as determined relevant by the Commis-
sion for such investigation; 
(2) identify, review, and evaluate the causes of 
and the lessons learned from the domestic terrorist 
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attack on the Capitol and targeted violence and do-
mestic terrorism relevant to such attack regarding— 
(A) the command, control, and commu-
nications of the United States Capitol Police, 
the National Guard, the Metropolitan Police 
Department of the District of Columbia, and 
other Federal, State, and local law enforcement 
in the National Capitol Region on or before 
January 6, 2021; 
(B) the structure, coordination, operational 
plans, policies, and procedures of the Federal 
Government, including as such relate to State 
and local governments and nongovernmental en-
tities, and particularly with respect to detecting, 
preventing, preparing for, and responding to 
targeted violence and domestic terrorism; 
(C) the structure, authorities, training, 
manpower utilization, operational planning, and 
use of force policies of the United States Cap-
itol Police; 
(D) the policies, protocols, processes, pro-
cedures, and systems for sharing of intelligence 
and other information by Federal, State, and 
local agencies with the United States Capitol 
Police, the Sergeants at Arms of the House of 
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Representatives and the Senate, the Govern-
ment of the District of Columbia, including the 
Metropolitan Police Department of the District 
of Columbia, the National Guard, and other 
Federal, State, and local law enforcement in the 
National Capitol Region on or before January 
6, 2021, and the related the policies, protocols, 
processes, procedures, and systems for moni-
toring, assessing, disseminating, and acting on 
intelligence and other information, including 
elevating the security posture of the United 
States Capitol Complex, derived from instru-
mentality of government, open sources, and on-
line platforms; and 
(E) the policies, protocols, processes, pro-
cedures, and systems for interoperability be-
tween the United States Capitol Police and the 
National Guard, the Metropolitan Police De-
partment of the District of Columbia, and other 
Federal, State, and local law enforcement in the 
National Capitol Region on or before January 
6, 2021; and 
(3) submit to the President and Congress re-
ports required pursuant to section 10 containing 
such findings, conclusions, and recommendations, 
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which may include changes in law, policy, proce-
dures, rules, or regulations, to improve the detection, 
prevention, preparedness for, and response to tar-
geted violence and domestic terrorism and improve 
the security posture of the United States Capitol 
Complex and ensure the security of Members of 
Congress and staff. 
SEC. 5. COMPOSITION OF COMMISSION. 
(a) MEMBERS.—The Commission shall be composed 
of ten members, of whom— 
(1) one member shall be appointed jointly by 
the Speaker of the House of Representatives and the 
majority leader of the Senate to serve as Chair-
person of the Commission; 
(2) one member shall be appointed jointly by 
the minority leader of the House of Representatives 
and the minority leader of the Senate to serve as 
Vice Chairperson of the Commission; 
(3) two members shall be appointed by the 
Speaker of the House of Representatives; 
(4) two members shall be appointed by the mi-
nority leader of the House of Representatives; 
(5) two members shall be appointed by the ma-
jority leader of the Senate; and 
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(6) two members shall be appointed by the mi-
nority leader of the Senate. 
(b) QUALIFICATIONS; INITIAL MEETING.— 
(1) NONGOVERNMENTAL APPOINTEES.—An in-
dividual appointed to the Commission may not be an 
officer or employee of an instrumentality of govern-
ment. 
(2) 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 at least two of the following areas: 
(A) Governmental service. 
(B) Law enforcement. 
(C) Civil rights, civil liberties, and privacy. 
(D) The Armed Forces. 
(E) Intelligence. 
(F) Counterterrorism. 
(G) Cybersecurity. 
(H) Technology. 
(I) Law. 
(3) INITIAL MEETING.—The Commission shall 
meet and begin the initial operation of the Commis-
sion as soon as practicable, but not earlier than 15 
days after the date of the enactment of this Act. 
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(c) TIMING FOR APPOINTMENT.—All members of the 
Commission shall be appointed not later than 10 days 
after the date of the enactment of this Act. 
(d) QUORUM; VACANCIES.—After its initial meeting, 
the Commission shall meet upon the call of the Chair-
person or a majority of its members. A majority of mem-
bers of the Commission shall constitute a quorum. Any 
vacancy in the Commission shall not affect its powers, but 
shall be promptly filled in the same manner in which the 
original appointment was made. 
(e) 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 III of the Executive Schedule under section 5314 
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. 
(f) TRAVEL EXPENSES.—Each member of the Com-
mission shall receive travel expenses, including per diem 
in lieu of subsistence, in accordance with applicable provi-
sion under subchapter I of chapter 57 of title 5, United 
States Code. 
SEC. 6. POWERS OF COMMISSION. 
(a) IN GENERAL.— 
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(1) HEARINGS AND EVIDENCE.—The Commis-
sion or, as delegated by the Chairperson and the 
Vice-Chairperson, 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, re-
ceive such evidence, and administer such oaths 
as the Commission or such designated sub-
committee or designated member may deter-
mine advisable; 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, or documents, or any other 
paper or electronic material, as the Commission 
or such designated subcommittee or designated 
member may determine advisable. 
(2) SUBPOENAS.— 
(A) IN GENERAL.—The Commission may 
issue subpoenas requiring the attendance and 
testimony of witnesses and the production of 
any evidence relating to any matter which the 
Commission is empowered to investigate under 
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this Act. Such subpoenas shall be issued by 
agreement between the Chairperson and Vice 
Chairperson of the Commission, or by the vote 
of a majority of the members of the Commis-
sion. The attendance of witnesses and the pro-
duction of evidence may be required from any 
place within the United States at any des-
ignated place of hearing within the United 
States. 
(B) FAILURE TO OBEY A SUBPOENA.—If a 
person does not obey a subpoena issued under 
subparagraph (A), the Commission is author-
ized to apply to a United States district court 
for an order requiring that person to appear be-
fore the Commission to give testimony, produce 
evidence, or both, relating to the matter under 
investigation. The application may be made 
within the judicial district where the hearing is 
conducted or where that person is found, re-
sides, or transacts business. Any failure to obey 
the order of the court may be punished by the 
court as a civil contempt. 
(C) SUBJECT
MATTER
JURISDICTION.— 
The United States district court in which an ac-
tion is brought under subparagraph (B) shall 
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have original jurisdiction over any civil action 
brought by the Commission to enforce, secure a 
declaratory judgment concerning the validity of, 
or prevent a threatened refusal or failure to 
comply with, any subpoena issued by the Com-
mission. 
(D) SERVICE OF SUBPOENAS.—The sub-
poenas of the Commission shall be served in the 
manner provided for subpoenas issued by a 
United States district court under the Federal 
Rules of Civil Procedure for the United States 
district courts. 
(E) SERVICE OF PROCESS.—All process of 
any court to which application is made under 
subparagraph (A) may be served in the judicial 
district in which the person required to be 
served resides or may be found. 
(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 Federal department or agency in-
formation, including any underlying information that 
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may be in the possession of the intelligence commu-
nity, that is necessary to enable it to carry out its 
purposes and functions under this Act. Upon request 
of the Chairperson, the chairperson of any sub-
committee created by a majority of the Commission, 
or any member designated by a majority of the 
Commission, the head of such department or agency 
shall furnish such information to the Commission. 
(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 and office space necessary for the 
Commission to carry out its purposes and functions 
under this Act. 
(2) OTHER
FEDERAL
DEPARTMENTS
AND 
AGENCIES.—In addition to the assistance prescribed 
in paragraph (1), Federal departments and agencies 
may provide to the Commission such services, funds, 
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facilities, staff, and other support services as deter-
mined advisable and authorized by law. 
(e) CONVEYANCES AND OTHER DEVISES.—The Com-
mission may accept, use, and dispose of 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 mail in the same manner and under the 
same conditions as Federal departments and agencies. 
SEC. 7. STAFF OF COMMISSION. 
(a) APPOINTMENT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Chairperson, in consultation with the 
Vice-Chairperson, 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 Com-
mission to carry out its purposes and functions, 
without regard to the provisions of title 5, United 
States Code, governing appointments in the competi-
tive 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 
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