[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 649 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 649
To establish the National Commission on Domestic Terrorist Attacks on
the United States by Antifa, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 31, 2023
Mr. Bacon (for himself, Ms. Salazar, Mr. Babin, and Ms. Tenney)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To establish the National Commission on Domestic Terrorist Attacks on
the United States by Antifa, 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. ESTABLISHMENT OF COMMISSION.
There is established the National Commission on Domestic Terrorist
Attacks on the United States by Antifa (in this Act referred to as the
``Commission'').
SEC. 2. PURPOSES.
The purposes of the Commission are to--
(1) examine and report upon the facts and causes relating
to the involvement of Antifa in the 2020 riots, including the
costly and deadly riots in--
(A) Minneapolis, Minnesota;
(B) Rochester, New York;
(C) Los Angeles, California;
(D) Washington, DC;
(E) Miami, Florida;
(F) Portland, Oregon;
(G) Seattle, Washington;
(H) Atlanta, Georgia;
(I) Chicago, Illinois; and
(J) Philadelphia, Pennsylvania;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the involvement of Antifa
in the 2020 riots;
(3) make a full and complete accounting of the
circumstances surrounding involvement of Antifa in the 2020
riots, and the extent of the United States preparedness for,
and response to, such riots and the Antifa organization; and
(4) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for corrective
measures that can be taken to prevent further attacks and
violent riots perpetrated by Antifa.
SEC. 3. COMPOSITION OF THE COMMISSION.
(a) Members.--Subject to the requirements of subsection (b), the
Commission shall be composed of 10 members, of whom--
(1) 3 members shall be appointed by the majority leader of
the Senate;
(2) 2 members shall be appointed by the Speaker of the
House of Representatives;
(3) 3 members shall be appointed by the minority leader of
the Senate; and
(4) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Qualifications.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--No member of the
Commission shall be an officer or employee of the Federal
Government or any State or local government, or a Member of
Congress.
(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,
legal practice, public administration, intelligence gathering,
commerce, including domestic terrorism, and foreign affairs.
(c) Chairperson; Vice Chairperson.--
(1) In general.--Subject to the requirement of paragraph
(2), the Chairperson and Vice Chairperson of the Commission
shall be elected by the members.
(2) Political party affiliation.--The Chairperson and Vice
Chairperson shall not be from the same political party.
(d) Initial Meeting.--If 60 days after the date of enactment of
this Act, 6 or more members of the Commission have been appointed,
those members who have been appointed may meet and, if necessary,
select a temporary Chairperson and Vice Chairperson, who may begin the
operations of the Commission, including the hiring of staff.
(e) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the Chairperson 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.
SEC. 4. FUNCTIONS OF THE COMMISSION.
(a) In General.--The functions of the Commission are to--
(1) investigate the relevant facts and circumstances
relating to the involvement of Antifa in the 2020 riots,
including any relevant legislation, Executive order,
regulation, plan, policy, practice, or procedure;
(2) identify, review, and evaluate the lessons learned from
such riots, 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
Antifa; 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.
(b) Scope of Investigation.--For purposes of subsection (a)(1), the
term ``facts and circumstances'' includes facts and circumstances
relating to--
(1) intelligence agencies;
(2) law enforcement agencies;
(3) diplomacy;
(4) immigration, nonimmigrant visas, and border control;
(5) the flow of assets to terrorist organizations,
including Antifa; and
(6) other areas of the public and private sectors
determined relevant by the Commission for its inquiry.
SEC. 5. POWER OF THE COMMISSION.
(a) Hearings and Evidence.--The Commission may, for purposes of
carrying out this Act--
(1) hold hearings, sit and act at times and places, take
testimony, receive evidence, and administer oaths; and
(2) require, by subpoena or otherwise, the attendance and
testimony of witnesses and the production of books, records,
correspondence, memoranda, papers, and documents.
(b) Subpoenas.--
(1) Service.--Subpoenas issued under subsection (a)(2) may
be served by any person designated by the Commission.
(2) Enforcement.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under subsection
(a)(2), 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.
(B) Additional enforcement.--Sections 102 through
104 of the Revised Statutes of the United States (2
U.S.C. 192 through 194) shall apply in the case of any
failure of any witness to comply with any subpoena or
to testify when summoned under authority of this
section.
(c) Closed Meetings.--Notwithstanding any other provision of law
which would require meetings of the Commission to be open to the
public, any portion of a meeting of the Commission may be closed to the
public if the President determines that such portion is likely to
disclose matters that could endanger national security.
(d) 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.
(e) Information From Federal Agencies.--The Commission may secure
directly from any department, agency, or instrumentality of the United
States any information related to any inquiry of the Commission
conducted under this Act. Each such department, agency, or
instrumentality shall, to the extent authorized by law, furnish such
information directly to the Commission upon request.
(f) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States are authorized to 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.
(g) Gifts.--The Commission may, to such extent and in such amounts
as are provided in appropriation Acts, accept, use, and dispose of
gifts or donations of services or property.
(h) 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.
(i) Powers of Subcommittees, Members, and Agents.--Any
subcommittee, member, or agent of the Commission may, if authorized by
the Commission, take any action which the Commission is authorized to
take by this section.
SEC. 6. STAFF OF THE COMMISSION.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson and the Vice Chairperson, acting jointly.
(b) Staff.--The Chairperson, in consultation with the Vice
Chairperson, may appoint additional personnel as may be necessary to
enable the Commission to carry out its functions.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid 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. Any individual appointed
under subsection (a) or (b) shall be treated as an employee for
purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(d) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(e) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 7. COMPENSATION AND TRAVEL EXPENSES.
(a) 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.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate executive departments and agencies shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances in a manner
consistent with existing procedures and requirements, except that no
person shall be provided with access to classified information under
this section who would not otherwise qualify for such security
clearance.
SEC. 9. REPORTS OF THE COMMISSION; TERMINATION.
(a) Initial Report.--Not later than 1 year after the date of the
first meeting of the Commission, the Commission shall submit to the
President and Congress an initial report 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 6 months after the submission of
the initial report of the Commission, 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 60 days after the date on which the
final report is submitted 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 second report.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission to carry
out this Act $3,000,000, to remain available until expended.
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