Commission on Domestic Terrorism Act of 2021
Bill: H.R.1178 | Sponsor: Rep. Speier, Jackie (D-CA)
Policy area: Emergency Management

Summary:
Commission on Domestic Terrorism Act of 2021
This bill establishes in the legislative branch the National Commission on Domestic Terrorism.
The commission shall

To establish the National Commission on Domestic Terrorism, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on Domestic Terrorism Act 
of 2021''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch the National 
Commission on Domestic Terrorism (in this Act referred to as the 
``Commission'').

SEC. 3. PURPOSES.

    Consistent with the functions described in section 5, the purposes 
of the Commission are to--
            (1) examine and report upon the Federal Government's 
        failure to respond to and prevent domestic terrorist attacks in 
        the United States in the past 20 years;
            (2) ascertain, evaluate, and report on the evidence 
        developed by all relevant governmental agencies regarding the 
        facts and circumstances surrounding domestic terrorist attacks 
        in the United States in the past 20 years;
            (3) make a full and complete accounting of the 
        circumstances surrounding domestic terrorist attacks that 
        occurred in the past 20 years, and the extent of the United 
        States preparedness for, and response to, the attacks; and
            (4) investigate and report to the President, Congress, and 
        the public on its findings, conclusions, and recommendations 
        for corrective measures that can be taken to prevent acts of 
        domestic terrorism.

SEC. 4. 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 the 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) Timing for Appointment.--All members of the Commission shall be 
appointed not later than 30 days after the date of enactment of this 
Act.
    (c) 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.
            (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, 
        legal practice, including experts in national security law, 
        criminal law, and civil rights law, public administration, 
        intelligence gathering, online disinformation and 
        misinformation, online radicalization, technology, and social 
        sciences.
            (4) Initial meeting.--The Commission shall meet and begin 
        the initial operation of the Commission as soon as practicable.
    (d) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the Chair or a majority of its members. 
Eight 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.

SEC. 5. FUNCTIONS OF COMMISSION.

    The functions of the Commission are to--
            (1) conduct an investigation that--
                    (A) investigates relevant facts and circumstances 
                relating to the Federal Government's failure to respond 
                to and prevent acts of domestic terrorism in the past 
                20 years, including, but not limited to, relevant facts 
                and circumstances relating to the domestic terrorist 
                attack on the United States Capitol on January 6, 2021, 
                including any relevant legislation, plan, policy, 
                practice, or procedure; and
                    (B) may include relevant facts and circumstances 
                relating to--
                            (i) intelligence agencies;
                            (ii) law enforcement agencies;
                            (iii) homeland security agencies;
                            (iv) the Armed Forces;
                            (v) communications platforms;
                            (vi) financial services platforms;
                            (vii) the role of congressional oversight 
                        and resource allocations; and
                            (viii) other areas of the public and 
                        private sectors determined relevant by the 
                        Commission for its inquiry;
            (2) identify, review, and evaluate the lessons learned from 
        acts of domestic terrorism in the past 20 years, including, but 
        not limited to, the domestic terrorist attack on the United 
        States Capitol on January 6, 2021, regarding the structure, 
        coordination, and management arrangements of the Federal 
        Government, and, if appropriate, State and local governments 
        and nongovernmental entities, relative to detecting, 
        preventing, and responding to such domestic terrorist attacks; 
        and
            (3) submit to the President and Congress such reports as 
        are required by this Act containing such findings, conclusions, 
        and recommendations as the Commission shall determine, 
        including proposing organization, coordination, planning, 
        management arrangements, procedures, rules, and regulations.

SEC. 6. 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 
                        paragraph (1), 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) Information From Federal Agencies.--
            (1) In general.--The Commission is authorized to secure 
        directly from any executive department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality of the Government, information, suggestions, 
        estimates, and statistics for the purposes of this title. Each 
        department, bureau, agency, board, commission, office, 
        independent establishment, or instrumentality shall, to the 
        extent authorized by law, furnish such information, 
        suggestions, estimates, and statistics directly to the 
        Commission, upon request made by the Chair, the chair of any 
        subcommittee created by a majority of the Commission, or any 
        member designated by a majority of 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.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the Commission's functions.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and 
        agencies of the United States are authorized to 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.--The Commission may accept, use, and dispose of in-kind 
gifts 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. 7. 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 11.
    (c) 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. 8. STAFF OF COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--The 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, 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) Members of the commission.--Any member of the 
        Commission shall not be considered a Federal employee except 
        for purposes of chapter 81 of title 5 (relating to compensation 
        for injury), and sections 2671 through 2680 of title 28 
        (relating to tort claims).
    (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) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of their 
regular employment without interruption.
    (d) Consultant Services.--The Commission is authorized to procure 
the services of experts and consultants in accordance with section 3109 
of title 5, United States Code, but at rates not to exceed the daily 
rate paid a person occupying a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.

SEC. 9. COMPENSATION AND TRAVEL EXPENSES.

    (a) 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.
    (b) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the Commission, members 
of the Commission shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703(b) of title 5, United States Code.

SEC. 10. SECURITY CLEARANCES FOR COMMISSION 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. 11. REPORTS; TERMINATION.

    (a) Initial Report.--Not later than 6 months after the date of the 
first meeting of the Commission, the Commission shall submit to the 
President and Congress an initial report 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 submission of 
the initial report of the Commission, the Commission shall submit to 
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 60 days after the date on which the 
        final report is submitted 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. 12. DOMESTIC TERRORISM DEFINED.

    In this Act, the term ``domestic terrorism'' has the meaning given 
such term in section 2331 of title 18, United States Code.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act, to remain available until expended.
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