[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3233 Placed on Calendar Senate (PCS)]

<DOC>





                                                        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 Representatives 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 National 
Commission to Investigate the January 6 Attack on the United States 
Capitol Complex (hereafter referred to as the ``Commission'').

SEC. 3. PURPOSES.

    Consistent with the functions described in section 4, the purposes 
of the Commission are the following:
            (1) To investigate and report upon the facts and causes 
        relating to the January 6, 2021, domestic terrorist attack upon 
        the United States Capitol Complex (hereafter referred to as the 
        ``domestic terrorist attack on the Capitol'') and relating to 
        the interference with the peaceful transfer of power, including 
        facts and causes relating to the preparedness and response of 
        the United States Capitol Police and other Federal, State, and 
        local law enforcement in the National Capitol Region and other 
        instrumentality of government, as well as the influencing 
        factors that fomented such attack on American representative 
        democracy while engaged in a constitutional process.
            (2) To examine and evaluate evidence developed by relevant 
        Federal, State, and local governmental agencies, in a manner 
        that is respectful of ongoing law enforcement activities and 
        investigations regarding the domestic terrorist attack upon the 
        Capitol, regarding the facts and circumstances surrounding such 
        terrorist attack and targeted violence and domestic terrorism 
        relevant to such terrorist attack.
            (3) To build upon the investigations of other entities and 
        avoid unnecessary duplication by reviewing the findings, 
        conclusions, and recommendations of other executive branch, 
        congressional, or independent bipartisan or non-partisan 
        commission investigations into the domestic terrorist attack on 
        the Capitol and targeted violence and domestic terrorism 
        relevant to such terrorist attack, including investigations 
        into influencing factors related to such terrorist attack.
            (4) To investigate and report to the President and Congress 
        on its findings, conclusions, and recommendations for 
        corrective measures that may include changes in law, policy, 
        procedures, rules, or regulations that could be taken to 
        prevent future acts of targeted violence and domestic 
        terrorism, including to prevent domestic terrorist attacks 
        against American democratic institutions, improve the security 
        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 institutions against domestic terrorism.

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 terrorist 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 government;
                    (B) influencing factors that contributed to the 
                domestic terrorist attack on the Capitol and how 
                technology, including online platforms, financing, and 
                malign foreign influence operations 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 
                relevant to such attack; and
                    (C) other entities of the public and private sector 
                as determined relevant by the Commission for such 
                investigation;
            (2) identify, review, and evaluate the causes of and the 
        lessons learned from the domestic terrorist attack on the 
        Capitol and targeted violence and domestic terrorism relevant 
        to such attack regarding--
                    (A) the command, control, and communications 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 entities, 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 Capitol Police;
                    (D) the policies, protocols, processes, procedures, 
                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 Representatives and the Senate, the 
                Government 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 monitoring, assessing, disseminating, and 
                acting on intelligence and other information, including 
                elevating the security posture of the United States 
                Capitol Complex, derived from instrumentality of 
                government, open sources, and online platforms; and
                    (E) the policies, protocols, processes, procedures, 
                and systems for interoperability between the United 
                States Capitol Police and 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; and
            (3) submit to the President and Congress reports required 
        pursuant to section 10 containing such findings, conclusions, 
        and recommendations, which may include changes in law, policy, 
        procedures, rules, or regulations, to improve the detection, 
        prevention, preparedness for, and response to targeted 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 Chairperson 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 minority leader 
        of the House of Representatives;
            (5) two members shall be appointed by the majority leader 
        of the Senate; and
            (6) two members shall be appointed by the minority leader 
        of the Senate.
    (b) Qualifications; Initial Meeting.--
            (1) Nongovernmental appointees.--An individual appointed to 
        the Commission may not be an officer or employee of an 
        instrumentality of government.
            (2) 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 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 Commission as soon as practicable, 
        but not earlier than 15 days after the date of the enactment of 
        this Act.
    (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 Chairperson or a majority of its 
members. A majority of members 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 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 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 Commission shall receive 
travel expenses, including per diem in lieu of subsistence, in 
accordance with applicable provision under subchapter I of chapter 57 
of title 5, United States Code.

SEC. 6. POWERS OF COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--The Commission 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, receive such 
                evidence, and administer such oaths as the Commission 
                or such designated subcommittee or designated member 
                may determine 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, memoranda, 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 
                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 Commission. The attendance of witnesses and the 
                production of evidence may be required from any place 
                within the United States at any designated 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 authorized to apply to a United States 
                district court for an order requiring that person to 
                appear before 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, resides, 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 action is brought under 
                subparagraph (B) shall 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 Commission.
                    (D) Service of subpoenas.--The subpoenas 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 appropriation 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 information, including any 
        underlying information that may be in the possession of the 
        intelligence community, 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 subcommittee 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 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.--Upon the request of 
        the Commission, the Administrator of General Services shall 
        provide to the Commission, 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, facilities, staff, and other support services as 
        determined advisable and authorized by law.
    (e) Conveyances and Other Devises.--The Commission 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 paragraph (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 Commission to 
        carry out its purposes and 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 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 for a 
        position at level IV of the Executive Schedule under section 
        5315 of title 5, United States Code.
            (2) Personnel as federal employees.--
                    (A) In general.--For purposes of the Congressional 
                Accountability Act of 1995 (18 U.S.C. 1301 et seq.)--
                            (i) the Commission shall be considered an 
                        employing office; and
                            (ii) the personnel of the Commission shall 
                        be considered covered employees.
                    (B) Members of commission.--Subparagraph (A) shall 
                not apply to apply to members of the Commission.
    (b) Experts and Consultants.--The Commission is authorized to 
procure temporary and intermittent services under section 3109 of title 
5, United States Code, but at rates for individuals not to exceed the 
daily equivalent of the maximum annual rate of basic pay under level IV 
of the Executive Schedule under section 5315 of title 5, United States 
Code.
    (c) Detailees.--The head of any Federal department or agency may 
detail, on a non-reimbursable basis, any of the personnel of that 
department or agency to the Commission to assist the Commission in 
carrying out its purposes and functions.

SEC. 8. SECURITY CLEARANCES FOR MEMBERS AND STAFF.

    The appropriate Federal departments or agencies 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 may be provided with access to classified information under 
this Act without the appropriate security clearances.

SEC. 9. 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 submitted 
        pursuant to section 10.
    (c) Conduct of 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. 10. REPORTS; TERMINATION.

    (a) Interim Reports.--The Commission may submit to the President 
and Congress interim reports 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 December 31, 2021, 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 upon the expiration of the 60-day 
        period which begins on the date on which the Commission submits 
        the final report 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. 11. ARCHIVING.

    The records of the Commission shall be transferred to the Center 
for Legislative Archives at the National Archives and Records 
Administration upon termination of the Commission pursuant to paragraph 
(1) of section 10(c).

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated such sums 
as may be necessary to carry out this Act.
    (b) Availability of Funds.--Amounts appropriated pursuant to the 
authorization under this section shall remain available until expended.

SEC. 13. DEFINITIONS.

    In this Act:
            (1) Domestic terrorism.--The term ``domestic terrorism'' 
        has the meaning given such term in section 2331 of title 18, 
        United States Code.
            (2) Instrumentality of government.--The term 
        ``instrumentality of government'' means Federal, State, local, 
        Tribal, and territorial agencies.
            (3) Intelligence community.--The term ``intelligence 
        community'' has the meaning given such term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
            (4) Malign foreign influence operations and campaigns.--The 
        term ``malign foreign influence operations and campaigns'' has 
        the meaning given such term in section 101(h) of the National 
        Security Act of 1947 (50 U.S.C. 3021(h)).
            (5) Targeted violence.--The term ``targeted violence'' 
        means an incident of violence in which an attacker selected a 
        particular target in order to inflict mass injury or death with 
        no discernable political or ideological motivation beyond mass 
        injury or death.

            Passed the House of Representatives May 19, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
                                                        Calendar No. 60

117th CONGRESS

  1st Session

                               H. R. 3233

_______________________________________________________________________

                                 AN ACT

   To establish the National Commission to Investigate the January 6 
  Attack on the United States Capitol Complex, and for other purposes.

_______________________________________________________________________

                              May 20, 2021

            Read the second time and placed on the calendar