,i #aagth ,,congress #ast ,session ,h4 ,r4 #bgf ,,in ,,the ,,house ,,of ,,representatives ,january #ab1 #bjba ,mr4 ,bowman 7for himself1 ,mrs4 ,beatty1 ,mr4 ,blumenauer1 ,ms4 ,bush1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,cooper1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,mr4 ,espaillat1 ,mr4 ,garca of ,illinois1 ,mr4 ,horsford1 ,ms4 ,jacobs of ,california1 ,mr4 ,johnson of ,georgia1 ,mr4 ,jones1 ,mr4 ,kahele1 ,ms4 ,lee of ,california1 ,ms4 ,meng1 ,ms4 ,newman1 ,ms4 ,ocasio-,cortez1 ,ms4 ,omar1 ,ms4 ,pressley1 ,mr4 ,rush1 ,mr4 ,torres of ,new ,york1 ,ms4 ,velzquez1 ,ms4 ,williams of ,georgia1 ,ms4 ,schakowsky1 ,mr4 ,green of ,texas1 and ,mrs4 ,napolitano7 introduced the following bill2 which was referred to the ,committee on ,house ,administration1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a national commission to investigate the seditious attack on the ,united ,states ,capitol and ,congress on ,january #f1 #bjba1 address the systemic failures in the ,united ,states ,capitol security and intelligence apparatus to accurately assess outside threats1 and study and propose recommendations to realign the mission of the ,united ,states ,capitol ,police1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,congressional ,oversight of ,unjust ,policing ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,on ,january #f1 #bjba1 organized individuals violently attacked the ,united ,states ,capitol while both chambers of ,congress were in session1 putting the lives of ,members1 ,congressional staff1 and support staff at risk4 7#b7 ,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 #f4 7#c7 ,various media reports indicate that neither the ,federal ,bureau of ,investigation 7,,fbi7 nor the ,department of ,homeland ,security 7,,dhs7 conducted a risk assessment of demonstration activities1 nor issued a joint department bulletin as is customary for large and notable public events4 7#d7 ,officers ,brian ,sicknick and ,howard ,liebengood died after defending the ,capitol ,complex and protecting those serving and working there on ,january #f1 #bjba4 7#e7 ,the ,united ,states ,capitol ,police provides limited information to the public about employee misconduct1 and the ,office of the ,inspector ,general of the ,united ,states ,capitol ,police does not publicly disclose its reports1 unlike the vast majority of other ,inspectors ,general4 7#f7 ,in recent decades1 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 civilians1 often resulting in the death of those who present or identify as ,black or ,brown4 7#g7 ,in the ,nation's ,capital1 and on the ,united ,states ,capitol grounds1 the disparate treatment of individuals is ever-present1 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 7,,uscp7 officers4 7#h7 ,further1 in #bjac1 agents from the ,united ,states ,secret ,service and ,united ,states ,capitol ,police shot ,miriam ,carey1 an unarmed individual1 more than #bj times while she was in her car with her infant1 hitting ,carey five times and killing her4 7#i7 ,in #bjah1 ,united ,states ,secret ,service agents took ,jessica ,ford into custody without excessive force1 even though she intentionally rammed a ,white ,house checkpoint with a gun in her hand4 7#aj7 ,in #bjag1 during debates about ,public ,law #aae-ig1 ,united ,states ,capitol ,police officers forcibly dragged peaceful demonstrators from the disability community out of wheelchairs and other supportive medical devices4 7#aa7 ,in #bjbj1 armed members of the ,district of ,columbia ,national ,guard were dispatched to stand guard on the steps of the ,lincoln ,memorial amidst peaceful protests4 7#ab7 ,in #bjbj1 ,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 ,st4 ,john's ,episcopal ,church4 7#ac7 ,in #bjag1 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 #bjjj4 7#ad7 ,in #bjae1 the ,,fbi's ,counterterrorism ,policy ,directive and ,policy ,guide warned that subjects of domestic terrorism investigations focused on militia extremists1 white supremacist extremists1 and sovereign citizen extremists often have identified active links to law enforcement officers4 7#ae7 ,a #bjjf intelligence assessment1 based on ,,fbi investigations and open sources warned of white supremacist infiltration of law enforcement 4 4 4 by organized groups and by self-initiated infiltration by law enforcement personnel sympathetic to white supremacist causes4 7#af7 ,since #bjjj1 hundreds of ,federal1 ,state1 and local law enforcement officials have been caught expressing racist1 nativist1 and sexist views on social media4 #c4 ,establishment of ,u4,s4 ,commission on ,unjust ,policing 7a7 ,establishment ,there is established a commission to be known as the ,u4,s4 ,commission on ,unjust ,policing 7in this ,act referred to as the ,commission74 7b7 ,membership 7#a7 ,composition ,the ,commission shall be composed of #ai members appointed as follows3 7,a7 #h members shall be appointed by the leadership of ,congress1 of whom-- 7i7 #b shall be appointed by the majority leader of the ,senate2 7ii7 #b by the minority leader of the ,senate2 7iii7 #b by the ,speaker of the ,house of ,representatives2 and 7iv7 #b by the minority leader of the ,house of ,representatives4 7,b7 #h members shall be appointed by the ,chairs of the following caucuses-- 7i7 #b shall be appointed by the ,congressional ,black ,caucus2 7ii7 #b by the ,congressional ,hispanic ,caucus2 7iii7 #b by the ,congressional ,asian ,pacific ,american ,caucus2 and 7iv7 #b by the ,congressional ,progressive ,caucus4 7,c7 #c members shall be appointed by the ,president1 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 categories3 7i7 ,racial equity in law enforcement4 7ii7 ,preventing white nationalist extremist violence4 7iii7 ,large-scale reform of law enforcement agencies4 7#b7 ,qualifications 7,a7 ,areas of expertise ,each member of the ,commission shall have knowledge or expertise1 whether by education1 experience1 training1 or activism1 in at least one of the following areas3 7i7 ,justice and civil rights4 7ii7 ,law enforcement and intelligence oversight and reform4 7iii7 ,diverse and inclusive personnel management4 7iv7 ,social and emotional development4 7v7 ,effective education and training methods to combat implicit and unconscious bias4 7vi7 ,behavioral economics4 7vii7 ,combating white supremacist1 and other extremist groups1 movements1 and organizing efforts4 7,b7 ,special rule for members appointed by congressional leadership ,each of the persons appointing members of the ,commission under paragraph 7#a7 shall ensure that one of the members so appointed is an individual who is not an officer or employee of the ,federal ,government4 7,c7 ,civilian representation ,not fewer than #d members of the ,commission shall be individuals who are not officers of law enforcement agencies4 7,d7 ,diversity ,it is the intent of ,congress that persons appointed to the ,commission under paragraph 7#a7 be persons who represent diverse economic1 professional1 and social backgrounds4 7#c7 ,consultation and appointment 7,a7 ,in general ,the ,president1 ,speaker of the ,house of ,representatives1 minority leader of the ,house of ,representatives1 majority leader of the ,senate1 and minority leader of the ,senate shall consult among themselves before appointing the members of the ,commission in order to achieve1 to the maximum extent practicable1 representation of various fields of expertise to ensure maximum impact by the ,commission4 7,b7 ,completion of appointments ,the ,president1 ,speaker of the ,house of ,representatives1 minority leader of the ,house of ,representatives1 majority leader of the ,senate1 and minority leader of the ,senate shall conduct the consultation under subparagraph 7,a7 and make their respective appointments not later than #fj days after the date of enactment of this ,act4 7,c7 ,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 #cj days after the vacancy occurs4 7#d7 ,terms ,each member of the ,commission shall serve for a term of one year1 and may be reappointed to additional terms4 7#e7 ,removal ,subject to the approval of a majority of the members of the ,commission1 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 commission4 7c7 ,meetings 7#a7 ,initial meeting ,not later than #cj days after the date on which all members of the ,commission have been appointed1 the ,commission shall hold its first meeting4 7#b7 ,subsequent meetings 7,a7 ,in general ,the ,commission shall meet at the call of the ,chair4 7,b7 ,frequency ,the ,chair shall call a meeting of the members of the ,commission not less frequently than once every #c months4 7#c7 ,quorum ,ten members of the ,commission shall constitute a quorum1 but a lesser number may hold hearings4 7#d7 ,chair and vice chair ,the ,commission shall select a ,chair and ,vice ,chair from among its members4 ,the ,chair and ,vice ,chair shall serve in that position for a term of #a year and may be reappointed for additional terms4 7#e7 ,transparency and public input ,each meeting of the ,commission for which a quorum is present shall be open to the public1 either in person or remotely through digital technology1 and the ,commission shall establish procedures for members of the public to submit testimony at ,commission meetings regarding the topics presented during such meetings4 #d4 ,duties of commission 7a7 ,in general ,the duties of the ,commission are as follows3 7#a7 ,to carry out a comprehensive investigation into decisions of leadership at the ,united ,states ,capitol ,police1 the ,federal ,bureau of ,investigation1 the ,united ,states ,secret ,service1 and the ,department of ,homeland ,security1 leading up to and during the siege of the ,united ,states ,capitol on ,january #f1 #bjba1 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 date4 7#b7 ,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 groups1 movements1 and organizing efforts2 and whether any members of the ,united ,states ,capitol ,police neglected their duty and colluded with protestors or other law enforcement entities4 7#c7 ,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 ,complex1 including changes to existing law1 changes to ,federal programs1 and suggestions for actions the private sector can take4 7#d7 ,to recommend specific measures and reforms to ,congress and other stakeholders to realign recruitment1 hiring1 and retention policies and practices of the ,united ,states ,capitol ,police to address both conscious and unconscious biases1 including changes to existing law1 changes to ,federal programs1 and suggestions for actions the private sector can take4 7b7 ,consultation with other departments and agencies ,in carrying out its duties1 the ,commission shall consult with officials of appropriate departments and agencies of the ,federal ,government1 including each of the following3 7#a7 ,the ,federal ,bureau of ,investigation4 7#b7 ,the ,united ,states ,secret ,service4 7#c7 ,the ,department of ,homeland ,security4 7#d7 ,the ,department of ,justice4 7c7 ,reports 7#a7 ,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 community1 not later than #i months after the date of the enactment of this ,act1 the ,commission shall submit to ,congress and the ,president an initial report on the issues described in subsection 7a7 and related issues4 7#b7 ,annual report ,in the year following its first meeting and annually thereafter1 the commission shall provide to ,congress and the public a report on the status of its work4 7#c7 ,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 ,commission4 #e4 ,powers of commission 7a7 ,hearings ,the ,commission may hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,commission considers appropriate to carry out its duties under this ,act4 7b7 ,powers of members and agents ,if authorized by the ,commission1 any member or agent of the ,commission may take any action which the ,commission is authorized to take under this ,act4 7c7 ,information from ,federal agencies 7#a7 ,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 ,act4 ,upon the request of the ,chair of the ,commission1 the head of such department or agency shall furnish such information to the ,commission as expeditiously as practicable4 7#b7 ,treatment of classified information ,in the case of information sought by the ,commission under paragraph 7#a7 that is classified1 the ,federal department or agency involved shall provide the ,commission with an unclassified summary of the information1 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 information4 7d7 ,administrative support services ,upon the request of the ,commission1 the ,administrator of the ,general ,services ,administration shall provide to the ,commission1 on a reimbursable basis1 administrative support services necessary for the ,commission to carry out its responsibilities under this ,act4 7e7 ,contract authority 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,commission is authorized-- 7,a7 to procure supplies1 services1 and property2 and 7,b7 to make or enter into contracts1 leases1 or other legal agreements4 7#b7 ,limitation ,the ,commission may not enter into any contract1 lease1 or other legal agreement that extends beyond the date of the termination of the ,commission under section #g7;a74 7f7 ,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 ,government4 7g7 ,gifts1 bequests1 and devises ,the ,commission is authorized to solicit1 accept1 use1 and dispose of gifts1 bequests1 or devises of money1 services1 or property1 both real and personal1 for the purpose of covering the costs incurred by the ,commission to carry out its duties under this ,act4 #f4 ,commission personnel matters 7a7 ,compensation of members ,members of the ,commission shall serve without compensation for their service1 but may receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7b7 ,staff 7#a7 ,in general ,the ,chair of the ,commission shall1 in consultation with the members ,commission1 appoint an executive director and such other additional personnel as may be necessary to enable the ,commission to perform its duties4 7#b7 ,compensation ,the ,chair of the ,commission may appoint the executive director and other personnel without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and may fix their pay without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of that title relating to classification and ,general ,schedule pay rates1 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 #ecae of title #e1 ,united ,states ,code4 7#c7 ,application of ,congressional ,accountability ,act of #aiie ,for purposes of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47-- 7,a7 the ,commission shall be considered an employing office2 and 7,b7 the employees of the ,commission shall be considered covered employees4 7c7 ,detail of government employees ,upon request of the ,commission1 the head of any ,federal department or agency may detail1 on a reimbursable basis1 any employee of that department or agency to the ,commission to assist it in carrying out its duties under this ,act4 7d7 ,acceptance of voluntary services ,notwithstanding section #acdb of title #ca1 ,united ,states ,code1 the ,commission may accept and use voluntary and uncompensated services as the ,commission deems necessary4 #g4 ,termination of commission 7a7 ,in general ,the ,commission shall terminate on the earlier of-- 7#a7 the date that is #b calendar years after the initial meeting of the ,commission2 or 7#b7 upon completion and presentation of all reports to ,congress from the ,commission4 7b7 ,application of ,federal ,advisory ,committee ,act 7#a7 ,in general ,except as provided in paragraph 7#b71 the provisions of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the activities of the ,commission under this ,act4 7#b7 ,exception ,section #ad7;a77#b7 of such ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,commission4 #h4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated to carry out this ,act such sums as may be necessary for each of the first #b fiscal years which begin after the date of the enactment of this ,act4 7b7 ,amounts available ,amounts appropriated in accordance with this section for any fiscal year shall remain available until the termination of the ,commission4