National Commission to Investigate the January 6 Attack on the United States Capitol Complex Act
This bill establishes in the legislative branch the National Commission to Investigate the January 6 Attack on the United States Capitol Complex.
The commission must (1) conduct an investigation of the relevant facts and circumstances relating to the attack on the Capitol; (2) identify, review, and evaluate the causes of and the lessons learned from this attack; and (3) submit specified reports containing findings, conclusions, and recommendations to improve the detection, prevention, preparedness for, and response to targeted violence and domestic terrorism and improve the security posture of the U.S. Capitol Complex.
The bill gives the commission specified powers, including the authority to hold hearings, receive evidence, and issue subpoenas. The bill also provides for the composition of the commission and the appointment of staff, and it requires the commission to hold public hearings and meetings to the extent that it is appropriate. The commission must also release public versions of its reports.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3233 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3233
To establish the National Commission to Investigate the January 6
Attack on the United States Capitol Complex, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 14, 2021
Mr. Thompson of Mississippi (for himself and Mr. Katko) introduced the
following bill; which was referred to the Committee on Homeland
Security
_______________________________________________________________________
A BILL
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
Referred to the Subcommittee on Intelligence and Counterterrorism.
Rules Committee Resolution H. Res. 409 Reported to House. Rule provides for consideration of H.R. 3233 and H.R. 3237. Resolution provides for consideration of H.R. 3233 and H.R. 3237 under a closed rule. The resolution provides that the previous question shall be ordered on both bills without intervening motion except one hour of debate and one motion to recommit.
Considered under the provisions of rule H. Res. 409. (consideration: CR H2574-2591)
Rule provides for consideration of H.R. 3233 and H.R. 3237. Resolution provides for consideration of H.R. 3233 and H.R. 3237 under a closed rule. The resolution provides that the previous question shall be ordered on both bills without intervening motion except one hour of debate and one motion to recommit.
DEBATE - The House proceeded with one hour of debate on H.R. 3233.
The previous question was ordered pursuant to the rule.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 3233, the Chair put the question on passage and by voice vote, announced that the ayes had prevailed. Mr. Katko demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
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Considered as unfinished business. (consideration: CR H2592-2593)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 252 - 175 (Roll no. 154).(text: CR H2574-2576)
Roll Call #154 (House)On passage Passed by the Yeas and Nays: 252 - 175 (Roll no. 154). (text: CR H2574-2576)
Roll Call #154 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 60.
Motion to proceed to consideration of measure made in Senate. (consideration: CR S3416-3417)
Cloture motion on the motion to proceed to the measure presented in Senate. (CR S3417)
Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 54 - 35. Record Vote Number: 218. (CR S3927)
Roll Call #218 (Senate)