,,ii ,calendar ,no4 #fj #aagth ,,congress #ast ,session ,h4 ,r4 #cbcc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ai1 #bjba,received2 read the first time ,may #bj1 #bjba,read the second time and placed on the calendar ,,an ,,act ,to establish the ,national ,commission to ,investigate the ,january #f ,attack on the ,united ,states ,capitol ,complex1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,commission to ,investigate the ,january #f ,attack on the ,united ,states ,capitol ,complex ,act4 #b4 ,establishment of commission ,there is established in the legislative branch the ,national ,commission to ,investigate the ,january #f ,attack on the ,united ,states ,capitol ,complex 7hereafter referred to as the ,commission74 #c4 ,purposes ,consistent with the functions described in section #d1 the purposes of the ,commission are the following3 7#a7 ,to investigate and report upon the facts and causes relating to the ,january #f1 #bjba1 domestic terrorist attack upon the ,united ,states ,capitol ,complex 7hereafter referred to as the domestic terrorist attack on the ,capitol7 and relating to the interference with the peaceful transfer of power1 including facts and causes relating to the preparedness and response of the ,united ,states ,capitol ,police and other ,federal1 ,state1 and local law enforcement in the ,national ,capitol ,region and other instrumentality of government1 as well as the influencing factors that fomented such attack on ,american representative democracy while engaged in a constitutional process4 7#b7 ,to examine and evaluate evidence developed by relevant ,federal1 ,state1 and local governmental agencies1 in a manner that is respectful of ongoing law enforcement activities and investigations regarding the domestic terrorist attack upon the ,capitol1 regarding the facts and circumstances surrounding such terrorist attack and targeted violence and domestic terrorism relevant to such terrorist attack4 7#c7 ,to build upon the investigations of other entities and avoid unnecessary duplication by reviewing the findings1 conclusions1 and recommendations of other executive branch1 congressional1 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 attack1 including investigations into influencing factors related to such terrorist attack4 7#d7 ,to investigate and report to the ,president and ,congress on its findings1 conclusions1 and recommendations for corrective measures that may include changes in law1 policy1 procedures1 rules1 or regulations that could be taken to prevent future acts of targeted violence and domestic terrorism1 including to prevent domestic terrorist attacks against ,american democratic institutions1 improve the security posture of the ,united ,states ,capitol ,complex while preserving accessibility of the ,capitol ,complex for all ,americans1 and strengthen the security and resilience of the ,nation and ,american democratic institutions against domestic terrorism4 #d4 ,functions of ,commission ,the functions of the ,commission are to-- 7#a7 conduct an investigation of the relevant facts and circumstances relating to the domestic terrorist attack on the ,capitol1 including relevant facts and circumstances relating to-- 7,a7 activities of intelligence agencies1 law enforcement agencies1 and the ,armed ,forces1 including with respect to intelligence collection1 analysis1 and dissemination and information sharing among relevant instrumentality of government2 7,b7 influencing factors that contributed to the domestic terrorist attack on the ,capitol and how technology1 including online platforms1 financing1 and malign foreign influence operations and campaigns may have factored into the motivation1 organization1 and execution of the domestic terrorist attack on the ,capitol and targeted violence and domestic terrorism relevant to such attack2 and 7,c7 other entities of the public and private sector as determined relevant by the ,commission for such investigation2 7#b7 identify1 review1 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-- 7,a7 the command1 control1 and communications of the ,united ,states ,capitol ,police1 the ,national ,guard1 the ,metropolitan ,police ,department of the ,district of ,columbia1 and other ,federal1 ,state1 and local law enforcement in the ,national ,capitol ,region on or before ,january #f1 #bjba2 7,b7 the structure1 coordination1 operational plans1 policies1 and procedures of the ,federal ,government1 including as such relate to ,state and local governments and nongovernmental entities1 and particularly with respect to detecting1 preventing1 preparing for1 and responding to targeted violence and domestic terrorism2 7,c7 the structure1 authorities1 training1 manpower utilization1 operational planning1 and use of force policies of the ,united ,states ,capitol ,police2 7,d7 the policies1 protocols1 processes1 procedures1 and systems for sharing of intelligence and other information by ,federal1 ,state1 and local agencies with the ,united ,states ,capitol ,police1 the ,sergeants at ,arms of the ,house of ,representatives and the ,senate1 the ,government of the ,district of ,columbia1 including the ,metropolitan ,police ,department of the ,district of ,columbia1 the ,national ,guard1 and other ,federal1 ,state1 and local law enforcement in the ,national ,capitol ,region on or before ,january #f1 #bjba1 and the related the policies1 protocols1 processes1 procedures1 and systems for monitoring1 assessing1 disseminating1 and acting on intelligence and other information1 including elevating the security posture of the ,united ,states ,capitol ,complex1 derived from instrumentality of government1 open sources1 and online platforms2 and 7,e7 the policies1 protocols1 processes1 procedures1 and systems for interoperability between the ,united ,states ,capitol ,police and the ,national ,guard1 the ,metropolitan ,police ,department of the ,district of ,columbia1 and other ,federal1 ,state1 and local law enforcement in the ,national ,capitol ,region on or before ,january #f1 #bjba2 and 7#c7 submit to the ,president and ,congress reports required pursuant to section #aj containing such findings1 conclusions1 and recommendations1 which may include changes in law1 policy1 procedures1 rules1 or regulations1 to improve the detection1 prevention1 preparedness for1 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 staff4 #e4 ,composition of ,commission 7a7 ,members ,the ,commission shall be composed of ten members1 of whom-- 7#a7 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 ,commission2 7#b7 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 ,commission2 7#c7 two members shall be appointed by the ,speaker of the ,house of ,representatives2 7#d7 two members shall be appointed by the minority leader of the ,house of ,representatives2 7#e7 two members shall be appointed by the majority leader of the ,senate2 and 7#f7 two members shall be appointed by the minority leader of the ,senate4 7b7 ,qualifications2 initial meeting 7#a7 ,nongovernmental appointees ,an individual appointed to the ,commission may not be an officer or employee of an instrumentality of government4 7#b7 ,other qualifications ,it is the sense of ,congress that individuals appointed to the ,commission should be prominent ,united ,states citizens1 with national recognition and significant depth of experience in at least two of the following areas3 7,a7 ,governmental service4 7,b7 ,law enforcement4 7,c7 ,civil rights1 civil liberties1 and privacy4 7,d7 ,the ,armed ,forces4 7,e7 ,intelligence4 7,f7 ,counterterrorism4 7,g7 ,cybersecurity4 7,h7 ,technology4 7,i7 ,law4 7#c7 ,initial meeting ,the ,commission shall meet and begin the initial operation of the ,commission as soon as practicable1 but not earlier than #ae days after the date of the enactment of this ,act4 7c7 ,timing for appointment ,all members of the ,commission shall be appointed not later than #aj days after the date of the enactment of this ,act4 7d7 ,quorum2 vacancies ,after its initial meeting1 the ,commission shall meet upon the call of the ,chairperson or a majority of its members4 ,a majority of members of the ,commission shall constitute a quorum4 ,any vacancy in the ,commission shall not affect its powers1 but shall be promptly filled in the same manner in which the original appointment was made4 7e7 ,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 #ecad of title #e1 ,united ,states ,code1 for each day during which that member is engaged in the actual performance of the duties of the ,commission4 7f7 ,travel expenses ,each member of the ,commission shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provision under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 #f4 ,powers of ,commission 7a7 ,in general 7#a7 ,hearings and evidence ,the ,commission or1 as delegated by the ,chairperson and the ,vice-,chairperson1 any subcommittee or member thereof1 may1 for the purpose of carrying out this ,act-- 7,a7 hold such hearings and sit and act at such times and places1 take such testimony1 receive such evidence1 and administer such oaths as the ,commission or such designated subcommittee or designated member may determine advisable2 and 7,b7 subject to paragraph 7#b77;,a71 require1 by subpoena or otherwise1 the attendance and testimony of such witnesses and the production of such books1 records1 correspondence1 memoranda1 papers1 or documents1 or any other paper or electronic material1 as the ,commission or such designated subcommittee or designated member may determine advisable4 7#b7 ,subpoenas 7,a7 ,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 ,act4 ,such subpoenas shall be issued by agreement between the ,chairperson and ,vice ,chairperson of the ,commission1 or by the vote of a majority of the members of the ,commission4 ,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 ,states4 7,b7 ,failure to obey a subpoena ,if a person does not obey a subpoena issued under subparagraph 7,a71 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 testimony1 produce evidence1 or both1 relating to the matter under investigation4 ,the application may be made within the judicial district where the hearing is conducted or where that person is found1 resides1 or transacts business4 ,any failure to obey the order of the court may be punished by the court as a civil contempt4 7,c7 ,subject matter jurisdiction ,the ,united ,states district court in which an action is brought under subparagraph 7,b7 shall have original jurisdiction over any civil action brought by the ,commission to enforce1 secure a declaratory judgment concerning the validity of1 or prevent a threatened refusal or failure to comply with1 any subpoena issued by the ,commission4 7,d7 ,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 courts4 7,e7 ,service of process ,all process of any court to which application is made under subparagraph 7,a7 may be served in the judicial district in which the person required to be served resides or may be found4 7b7 ,contracting ,the ,commission may1 to such extent and in such amounts as are provided in appropriation ,acts1 enter into contracts to enable the ,commission to discharge its duties under this ,act4 7c7 ,obtaining official data 7#a7 ,in general ,the ,commission may secure directly from any ,federal department or agency information1 including any underlying information that may be in the possession of the intelligence community1 that is necessary to enable it to carry out its purposes and functions under this ,act4 ,upon request of the ,chairperson1 the chairperson of any subcommittee created by a majority of the ,commission1 or any member designated by a majority of the ,commission1 the head of such department or agency shall furnish such information to the ,commission4 7#b7 ,receipt1 handling1 storage1 and dissemination ,information shall only be received1 handled1 stored1 and disseminated by members of the ,commission and its staff consistent with all applicable statutes1 regulations1 and ,executive orders4 7d7 ,assistance from ,federal agencies 7#a7 ,general ,services ,administration ,upon the request of the ,commission1 the ,administrator of ,general ,services shall provide to the ,commission1 on a reimbursable basis1 the administrative support services and office space necessary for the ,commission to carry out its purposes and functions under this ,act4 7#b7 ,other ,federal departments and agencies ,in addition to the assistance prescribed in paragraph 7#a71 ,federal departments and agencies may provide to the ,commission such services1 funds1 facilities1 staff1 and other support services as determined advisable and authorized by law4 7e7 ,conveyances and other devises ,the ,commission may accept1 use1 and dispose of devises of services or property1 both real and personal1 for the purpose of aiding or facilitating the work of the ,commission4 7f7 ,postal services ,the ,commission may use the ,united ,states mail in the same manner and under the same conditions as ,federal departments and agencies4 #g4 ,staff of ,commission 7a7 ,appointment 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,chairperson1 in consultation with the ,vice-,chairperson1 in accordance with rules agreed upon by the ,commission1 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 functions1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates1 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 #ecae of title #e1 ,united ,states ,code4 7#b7 ,personnel as ,federal employees 7,a7 ,in general ,for purposes of the ,congressional ,accountability ,act of #aiie 7#ah ,u4,s4,c4 #acja et seq47-- 7i7 the ,commission shall be considered an employing office2 and 7ii7 the personnel of the ,commission shall be considered covered employees4 7,b7 ,members of ,commission ,subparagraph 7,a7 shall not apply to apply to members of the ,commission4 7b7 ,experts and consultants ,the ,commission is authorized to procure temporary and intermittent services under section #caji of title #e1 ,united ,states ,code1 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 #ecae of title #e1 ,united ,states ,code4 7c7 ,detailees ,the head of any ,federal department or agency may detail1 on a non-reimbursable basis1 any of the personnel of that department or agency to the ,commission to assist the ,commission in carrying out its purposes and functions4 #h4 ,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 requirements1 except that no person may be provided with access to classified information under this ,act without the appropriate security clearances4 #i4 ,nonapplicability of ,federal ,advisory ,committee ,act 7a7 ,in general ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,commission4 7b7 ,public meetings and release of public versions of reports ,the ,commission shall-- 7#a7 hold public hearings and meetings to the extent appropriate2 and 7#b7 release public versions of the reports submitted pursuant to section #aj4 7c7 ,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 statute1 regulation1 or ,executive order4 #aj4 ,reports2 termination 7a7 ,interim reports ,the ,commission may submit to the ,president and ,congress interim reports containing such findings1 conclusions1 and recommendations for corrective measures as have been agreed to by a majority of ,commission members4 7b7 ,final report ,not later than ,december #ca1 #bjba1 the ,commission shall submit to the ,president and ,congress a final report containing such findings1 conclusions1 and recommendations for corrective measures as have been agreed to by a majority of ,commission members4 7c7 ,termination 7#a7 ,in general ,the ,commission1 and all the authorities of this ,act1 shall terminate upon the expiration of the #fj-;day period which begins on the date on which the ,commission submits the final report under subsection 7b74 7#b7 ,administrative activities before termination ,the ,commission may use the #fj-;day period referred to in paragraph 7#a7 for the purpose of concluding its activities1 including providing testimony to committees of ,congress concerning its reports and disseminating the final report4 #aa4 ,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 7#a7 of section #aj7;c74 #ab4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated such sums as may be necessary to carry out this ,act4 7b7 ,availability of funds ,amounts appropriated pursuant to the authorization under this section shall remain available until expended4 #ac4 ,definitions ,in this ,act3 7#a7 ,domestic terrorism ,the term domestic terrorism has the meaning given such term in section #bcca of title #ah1 ,united ,states ,code4 7#b7 ,instrumentality of government ,the term instrumentality of government means ,federal1 ,state1 local1 ,tribal1 and territorial agencies4 7#c7 ,intelligence community ,the term intelligence community has the meaning given such term in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d774 7#d7 ,malign foreign influence operations and campaigns ,the term malign foreign influence operations and campaigns has the meaning given such term in section #aja7;h7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjba7;h774 7#e7 ,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 death4 ,passed the ,house of ,representatives ,may #ai1 #bjba4;,cheryl ,l4 ,johnson1,clerk ,may #bj1 #bjba,read the second time and placed on the calendar