[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 410 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 410

To establish the National Commission on the Insurrectionist Attack Upon 
                       the United States Capitol.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 21, 2021

Ms. Norton (for herself, Mr. Lynch, and Mrs. Carolyn B. Maloney of New 
    York) introduced the following bill; which was referred to the 
                     Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
To establish the National Commission on the Insurrectionist Attack Upon 
                       the United States Capitol.

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

SECTION 1. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch the National 
Commission on the Insurrectionist Attack Upon the United States Capitol 
(hereafter referred to as the ``Commission'').

SEC. 2. PURPOSES.

    The purposes of the Commission are to--
            (1) make a full and complete accounting of the 
        circumstances surrounding the insurrectionist attack of January 
        6, 2021, occurring at the United States Capitol, and the extent 
        of the United States preparedness for, and immediate response 
        to, the attack; and
            (2) report to the President and Congress on its findings, 
        conclusions, and recommendations for corrective measures that 
        can be taken to prevent acts of insurrection and 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 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) 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, law, 
        public administration, intelligence gathering, and racial 
        justice.
            (4) Deadline for appointment.--All members of the 
        Commission shall be appointed not later than one month after 
        the date of the enactment of this Act.
            (5) Initial meeting.--The Commission shall meet and begin 
        the initial operation of the Commission 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 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.
    (d) 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.
    (e) Travel Expenses.--Each member of the Commission shall 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.

SEC. 4. FUNCTIONS OF COMMISSION.

    The functions of the Commission are to--
            (1) conduct an investigation that--
                    (A) investigates relevant facts and circumstances 
                relating to the insurrectionist attack of January 6, 
                2021, including any relevant legislation, Executive 
                order, regulation, plan, policy, practice, or 
                procedure;
                    (B) ascertains, evaluates, and reports on the 
                evidence developed by all relevant governmental 
                agencies and nongovernmental sources regarding the 
                facts and circumstances surrounding the attack;
                    (C) builds upon the investigations of other 
                entities, and avoids unnecessary duplication, by 
                reviewing the findings, conclusions, and 
                recommendations of prior executive branch, 
                congressional, or independent commission investigations 
                into the insurrectionist attack of January 6, 2021, 
                other insurrectionist and domestic terrorist attacks, 
                and domestic terrorism generally; and
                    (D) may include relevant facts and circumstances 
                relating to--
                            (i) intelligence agencies;
                            (ii) law enforcement agencies, including 
                        the impact, if any, of the race of the 
                        attackers on the response of law enforcement;
                            (iii) the flow of assets to insurrectionist 
                        and domestic terrorist organizations;
                            (iv) the role of congressional oversight 
                        and resource allocation; and
                            (v) 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 
        the insurrectionist attack of January 6, 2021, regarding the 
        structure, coordination, management policies, and procedures of 
        the Federal Government, and, if appropriate, State and local 
        governments and nongovernmental entities, relative to 
        detecting, preventing, and responding to such insurrectionist 
        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. 5. 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 
                        subsection (a), 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) Obtaining Official Data.--
            (1) In general.--The Commission may secure directly from 
        any department or agency of the Government 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 Commission, or any member designated by a majority of 
        the Commission, the head of that department or agency shall 
        furnish that 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 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 Commission may accept, use, 
and dispose of gifts, bequests, 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. 6. STAFF OF COMMISSION.

    (a) Appointment; Compensation.--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 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 V of the 
Executive Schedule under section 5316 of title 5, United States Code.
    (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) 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.
    (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 department 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 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. 8. 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 9.
    (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. 9. 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 18 months after the date of the 
enactment of this Act, 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. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are 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.
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