Congressional Oversight of Unjust Policing Act
Bill: H.R.276 | Sponsor: Rep. Bowman, Jamaal (D-NY)
Policy area: Congress

Summary:
Congressional Oversight of Unjust Policing Act
This bill establishes the U.S. Commission on Unjust Policing to investigate law enforcement activities and decisions related to the security breach at the U.S. Capitol on January 6, 2021.
Specifically, the commission must investigate decisions made by leadership of the U.S. Capitol Police (USCP), the Federal Bureau of Investigation, the U.S. Secret Service, and the Department of Homeland Security leading up to and during the siege at the Capitol, including an assessment of whether conscious and unconscious bias was a factor in the miscalculation of the risk posed by protesters to Members of Congress and their staff. The commission must also investigate whether current USCP officers have ties to white supremacist and other extremist groups, movements, and organizing efforts, and whether any USCP officers neglected their duty and colluded with protestors or other law enforcement entities.
Further, the commission must recommend specific measures and reforms related to realigning (1) USCP priorities and practice to address disparate use of force and surveillance targets in and around the Capitol; and (2) USCP recruitment, hiring, and retention policies and practices to address conscious and unconscious biases.

To establish a national commission to investigate the seditious attack 
 on the United States Capitol and Congress on January 6, 2021, address 
    the systemic failures in the United States Capitol security and 
intelligence apparatus to accurately assess outside threats, and study 
and propose recommendations to realign the mission of the United States 
                Capitol Police, 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 ``Congressional Oversight of Unjust 
Policing Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On January 6, 2021, organized individuals violently 
        attacked the United States Capitol while both chambers of 
        Congress were in session, putting the lives of Members, 
        Congressional staff, and support staff at risk.
            (2) Various media reports suggest that certain members of 
        rank and file law enforcement officers aided and abetted 
        individuals who breached security at the Capitol on January 6.
            (3) Various media reports indicate that neither the Federal 
        Bureau of Investigation (FBI) nor the Department of Homeland 
        Security (DHS) conducted a risk assessment of demonstration 
        activities, nor issued a joint department bulletin as is 
        customary for large and notable public events.
            (4) Officers Brian Sicknick and Howard Liebengood died 
        after defending the Capitol Complex and protecting those 
        serving and working there on January 6, 2021.
            (5) The United States Capitol Police provides limited 
        information to the public about employee misconduct, and the 
        Office of the Inspector General of the United States Capitol 
        Police does not publicly disclose its reports, unlike the vast 
        majority of other Inspectors General.
            (6) In recent decades, community organizers have formed 
        social justice and criminal reform movements to call for 
        substantive changes in response to various incidents across the 
        country in which law enforcement has used excessive force 
        against civilians, often resulting in the death of those who 
        present or identify as Black or Brown.
            (7) In the Nation's Capital, and on the United States 
        Capitol grounds, the disparate treatment of individuals is 
        ever-present, as various Members of Congress and Congressional 
        staff who come from communities of color have documented 
        instances of refusal of entry and mistreatment by United States 
        Capitol Police (USCP) officers.
            (8) Further, in 2013, agents from the United States Secret 
        Service and United States Capitol Police shot Miriam Carey, an 
        unarmed individual, more than 20 times while she was in her car 
        with her infant, hitting Carey five times and killing her.
            (9) In 2018, United States Secret Service agents took 
        Jessica Ford into custody without excessive force, even though 
        she intentionally rammed a White House checkpoint with a gun in 
        her hand.
            (10) In 2017, during debates about Public Law 115-97, 
        United States Capitol Police officers forcibly dragged peaceful 
        demonstrators from the disability community out of wheelchairs 
        and other supportive medical devices.
            (11) In 2020, armed members of the District of Columbia 
        National Guard were dispatched to stand guard on the steps of 
        the Lincoln Memorial amidst peaceful protests.
            (12) In 2020, United States Park Police and National Guard 
        troops forced people into unmarked vans and used tear gas and 
        fired rubber bullets to disperse peaceful protestors for the 
        President's planned visit to St. John's Episcopal Church.
            (13) In 2017, the FBI reported that white supremacists 
        posed a ``persistent threat of lethal violence'' that has 
        produced more fatalities than any other category of domestic 
        terrorists since 2000.
            (14) In 2015, the FBI's Counterterrorism Policy Directive 
        and Policy Guide warned that subjects of ``domestic terrorism 
        investigations focused on militia extremists, white supremacist 
        extremists, and sovereign citizen extremists often have 
        identified active links to law enforcement officers''.
            (15) A 2006 intelligence assessment, based on FBI 
        investigations and open sources warned of ``white supremacist 
        infiltration of law enforcement . . . by organized groups and 
        by self-initiated infiltration by law enforcement personnel 
        sympathetic to white supremacist causes''.
            (16) Since 2000, hundreds of Federal, State, and local law 
        enforcement officials have been caught expressing racist, 
        nativist, and sexist views on social media.

SEC. 3. ESTABLISHMENT OF U.S. COMMISSION ON UNJUST POLICING.

    (a) Establishment.--There is established a commission to be known 
as the ``U.S. Commission on Unjust Policing'' (in this Act referred to 
as the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 19 
        members appointed as follows:
                    (A) 8 members shall be appointed by the leadership 
                of Congress, of whom--
                            (i) 2 shall be appointed by the majority 
                        leader of the Senate;
                            (ii) 2 by the minority leader of the 
                        Senate;
                            (iii) 2 by the Speaker of the House of 
                        Representatives; and
                            (iv) 2 by the minority leader of the House 
                        of Representatives.
                    (B) 8 members shall be appointed by the Chairs of 
                the following caucuses--
                            (i) 2 shall be appointed by the 
                        Congressional Black Caucus;
                            (ii) 2 by the Congressional Hispanic 
                        Caucus;
                            (iii) 2 by the Congressional Asian Pacific 
                        American Caucus; and
                            (iv) 2 by the Congressional Progressive 
                        Caucus.
                    (C) 3 members shall be appointed by the President, 
                each of whom shall be individuals who are not officers 
                or employees of the Federal Government and who are 
                experts in at least one of the following categories:
                            (i) Racial equity in law enforcement.
                            (ii) Preventing white nationalist extremist 
                        violence.
                            (iii) Large-scale reform of law enforcement 
                        agencies.
            (2) Qualifications.--
                    (A) Areas of expertise.--Each member of the 
                Commission shall have knowledge or expertise, whether 
                by education, experience, training, or activism, in at 
                least one of the following areas:
                            (i) Justice and civil rights.
                            (ii) Law enforcement and intelligence 
                        oversight and reform.
                            (iii) Diverse and inclusive personnel 
                        management.
                            (iv) Social and emotional development.
                            (v) Effective education and training 
                        methods to combat implicit and unconscious 
                        bias.
                            (vi) Behavioral economics.
                            (vii) Combating white supremacist, and 
                        other extremist groups, movements, and 
                        organizing efforts.
                    (B) Special rule for members appointed by 
                congressional leadership.--Each of the persons 
                appointing members of the Commission under paragraph 
                (1) shall ensure that one of the members so appointed 
                is an individual who is not an officer or employee of 
                the Federal Government.
                    (C) Civilian representation.--Not fewer than 4 
                members of the Commission shall be individuals who are 
                not officers of law enforcement agencies.
                    (D) Diversity.--It is the intent of Congress that 
                persons appointed to the Commission under paragraph (1) 
                be persons who represent diverse economic, 
                professional, and social backgrounds.
            (3) Consultation and appointment.--
                    (A) In general.--The President, Speaker of the 
                House of Representatives, minority leader of the House 
                of Representatives, majority leader of the Senate, and 
                minority leader of the Senate shall consult among 
                themselves before appointing the members of the 
                Commission in order to achieve, to the maximum extent 
                practicable, representation of various fields of 
                expertise to ensure maximum impact by the Commission.
                    (B) Completion of appointments.--The President, 
                Speaker of the House of Representatives, minority 
                leader of the House of Representatives, majority leader 
                of the Senate, and minority leader of the Senate shall 
                conduct the consultation under subparagraph (A) and 
                make their respective appointments not later than 60 
                days after the date of enactment of this Act.
                    (C) Vacancies.--A vacancy in the membership of the 
                Commission shall not affect the powers of the 
                Commission and shall be filled in the same manner as 
                the original appointment not later than 30 days after 
                the vacancy occurs.
            (4) Terms.--Each member of the Commission shall serve for a 
        term of one year, and may be reappointed to additional terms.
            (5) Removal.--Subject to the approval of a majority of the 
        members of the Commission, a member of the Commission may be 
        removed for cause at any time by the person who appointed the 
        member if the member fails to meet responsibilities of the 
        commission.
    (c) Meetings.--
            (1) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold its first meeting.
            (2) Subsequent meetings.--
                    (A) In general.--The Commission shall meet at the 
                call of the Chair.
                    (B) Frequency.--The Chair shall call a meeting of 
                the members of the Commission not less frequently than 
                once every 3 months.
            (3) Quorum.--Ten members of the Commission shall constitute 
        a quorum, but a lesser number may hold hearings.
            (4) Chair and vice chair.--The Commission shall select a 
        Chair and Vice Chair from among its members. The Chair and Vice 
        Chair shall serve in that position for a term of 1 year and may 
        be reappointed for additional terms.
            (5) Transparency and public input.--Each meeting of the 
        Commission for which a quorum is present shall be open to the 
        public, either in person or remotely through digital 
        technology, and the Commission shall establish procedures for 
        members of the public to submit testimony at Commission 
        meetings regarding the topics presented during such meetings.

SEC. 4. DUTIES OF COMMISSION.

    (a) In General.--The duties of the Commission are as follows:
            (1) To carry out a comprehensive investigation into 
        decisions of leadership at the United States Capitol Police, 
        the Federal Bureau of Investigation, the United States Secret 
        Service, and the Department of Homeland Security, leading up to 
        and during the siege of the United States Capitol on January 6, 
        2021, including an assessment on whether conscious and 
        unconscious bias was a factor in the gross miscalculation of 
        the risk posed by protestors to Members of Congress and staff 
        on that date.
            (2) To carry out a comprehensive investigation in 
        coordination with the Federal Bureau of Investigation and other 
        Federal entities as appropriate into whether current members of 
        the United States Capitol Police have ties to white supremacist 
        and other extremist groups, movements, and organizing efforts; 
        and whether any members of the United States Capitol Police 
        neglected their duty and colluded with protestors or other law 
        enforcement entities.
            (3) To recommend specific measures and reforms to Congress 
        and other stakeholders on how the United States Capitol Police 
        must realign priorities and practice to address disparate use 
        of force and surveillance targets in and around the Capitol 
        Complex, including changes to existing law, changes to Federal 
        programs, and suggestions for actions the private sector can 
        take.
            (4) To recommend specific measures and reforms to Congress 
        and other stakeholders to realign recruitment, hiring, and 
        retention policies and practices of the United States Capitol 
        Police to address both conscious and unconscious biases, 
        including changes to existing law, changes to Federal programs, 
        and suggestions for actions the private sector can take.
    (b) Consultation With Other Departments and Agencies.--In carrying 
out its duties, the Commission shall consult with officials of 
appropriate departments and agencies of the Federal Government, 
including each of the following:
            (1) The Federal Bureau of Investigation.
            (2) The United States Secret Service.
            (3) The Department of Homeland Security.
            (4) The Department of Justice.
    (c) Reports.--
            (1) Ongoing reports.--Because it is the intent of Congress 
        that the Commission expeditiously and carefully identify and 
        rectify inequities in how law enforcement at the Capitol 
        Complex surveils and protects members of the Congressional 
        community, not later than 9 months after the date of the 
        enactment of this Act, the Commission shall submit to Congress 
        and the President an initial report on the issues described in 
        subsection (a) and related issues.
            (2) Annual report.--In the year following its first meeting 
        and annually thereafter, the commission shall provide to 
        Congress and the public a report on the status of its work.
            (3) Internet availability.--All reports of the Commission 
        shall be available to the public via a publicly accessible 
        Federal website that is prominently marketed and shared by the 
        Commission.

SEC. 5. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence as the Commission considers appropriate to carry out its 
duties under this Act.
    (b) Powers of Members and Agents.--If authorized by the Commission, 
any member or agent of the Commission may take any action which the 
Commission is authorized to take under this Act.
    (c) Information From Federal Agencies.--
            (1) In general.--The Commission shall secure directly from 
        any Federal department or agency such information as the 
        Commission considers necessary to carry out the provisions of 
        this Act. Upon the request of the Chair of the Commission, the 
        head of such department or agency shall furnish such 
        information to the Commission as expeditiously as practicable.
            (2) Treatment of classified information.--In the case of 
        information sought by the Commission under paragraph (1) that 
        is classified, the Federal department or agency involved shall 
        provide the Commission with an unclassified summary of the 
        information, except that any Member of the Commission who has 
        received an appropriate security clearance that is commensurate 
        with the sensitivity of the classified information involved may 
        receive such classified information.
    (d) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of the General Services Administration 
shall provide to the Commission, on a reimbursable basis, 
administrative support services necessary for the Commission to carry 
out its responsibilities under this Act.
    (e) Contract Authority.--
            (1) In general.--Except as provided in paragraph (2), the 
        Commission is authorized--
                    (A) to procure supplies, services, and property; 
                and
                    (B) to make or enter into contracts, leases, or 
                other legal agreements.
            (2) Limitation.--The Commission may not enter into any 
        contract, lease, or other legal agreement that extends beyond 
        the date of the termination of the Commission under section 
        7(a).
    (f) Postal Services.--The Commission may use the United States mail 
in the same manner and under the same conditions as other departments 
and agencies of the Federal Government.
    (g) Gifts, Bequests, and Devises.--The Commission is authorized to 
solicit, accept, use, and dispose of gifts, bequests, or devises of 
money, services, or property, both real and personal, for the purpose 
of covering the costs incurred by the Commission to carry out its 
duties under this Act.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Members of the Commission shall serve 
without compensation for their service, but may 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.
    (b) Staff.--
            (1) In general.--The Chair of the Commission shall, in 
        consultation with the members Commission, appoint an executive 
        director and such other additional personnel as may be 
        necessary to enable the Commission to perform its duties.
            (2) Compensation.--The Chair of the Commission may appoint 
        the executive director and other personnel without regard to 
        the provisions of title 5, United States Code, governing 
        appointments in the competitive service, and may fix their pay 
        without regard to the provisions of chapter 51 and subchapter 
        III of chapter 53 of that title relating to classification and 
        General Schedule pay rates, except that an individual so 
        appointed may not receive pay in excess of the annual rate of 
        pay for level IV of the Executive Schedule under section 5315 
        of title 5, United States Code.
            (3) Application of congressional accountability act of 
        1995.--For purposes of the Congressional Accountability Act of 
        1995 (2 U.S.C. 1301 et seq.)--
                    (A) the Commission shall be considered an employing 
                office; and
                    (B) the employees of the Commission shall be 
                considered covered employees.
    (c) Detail of Government Employees.--Upon request of the 
Commission, the head of any Federal department or agency may detail, on 
a reimbursable basis, any employee of that department or agency to the 
Commission to assist it in carrying out its duties under this Act.
    (d) Acceptance of Voluntary Services.--Notwithstanding section 1342 
of title 31, United States Code, the Commission may accept and use 
voluntary and uncompensated services as the Commission deems necessary.

SEC. 7. TERMINATION OF COMMISSION.

    (a) In General.--The Commission shall terminate on the earlier of--
            (1) the date that is 2 calendar years after the initial 
        meeting of the Commission; or
            (2) upon completion and presentation of all reports to 
        Congress from the Commission.
    (b) Application of Federal Advisory Committee Act.--
            (1) In general.--Except as provided in paragraph (2), the 
        provisions of the Federal Advisory Committee Act (5 U.S.C. 
        App.) shall apply to the activities of the Commission under 
        this Act.
            (2) Exception.--Section 14(a)(2) of such Act (5 U.S.C. 
        App.) shall not apply to the Commission.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act such sums as may be necessary for each of the first 2 
fiscal years which begin after the date of the enactment of this Act.
    (b) Amounts Available.--Amounts appropriated in accordance with 
this section for any fiscal year shall remain available until the 
termination of the Commission.
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