The draft, citing "incitement of insurrection," could be introduced Monday.
President Donald Trump is slated to hand over control of the White House to President-elect Joe Biden in 11 days.
After Rep. Louie Gohmert, R-Texas, filed an appeal to the Supreme Court in his suit against Vice President Mike Pence, the Supreme Court formally rejected the effort by Gohmert and nearly a dozen other Trump allies.
The suit attempted to force Pence to acknowledge he has the authority to reject electoral votes and effectively overturn the election, which was not within his power.
-ABC News' Devin Dwyer and Jonathan Karl
FBI Director Chris Wray has released a statement on Wednesday's violence and destruction of property at the Capitol, slamming the rioting as "a blatant and appalling disregard for our institutions of government and the orderly administration of the democratic process."
"As we've said consistently, we do not tolerate violent agitators and extremists who use the guise of First Amendment-protected activity to incite violence and wreak havoc. Such behavior betrays the values of our democracy. Make no mistake: With our partners, we will hold accountable those who participated in yesterday's siege of the Capitol," Wray said in the statement.
He said the FBI has deployed its full investigative resources and is working its partners to pursue those criminally involved. He also encouraged members of the public to provide tips.
"We are determined to find those responsible and ensure justice is served," he added.
-ABC News' Jake Date
Soon after acting Department of Homeland Security secretary Chad Wolf issued a statement calling on Trump to condemn Wednesday's violence, the White House said that his nomination to be DHS secretary had been withdrawn from the Senate.
But a White House spokesman said the withdrawal took place Wednesday and had nothing to do with Wolf's statement Thurdsay.
“The withdrawal occurred yesterday and was not related at all to Wednesday’s events or the Acting Secretary’s comments this morning," White House deputy press secretary Judd Deere said. "Acting Secretary Wolf remains the acting secretary and continues to perform the duties of his office."
Wolf is currently on a flight back from the Middle East, according to a person familiar with his whereabouts.
Wolf's nomination was only sent to the Senate on Sunday, the same day the new Congress was sworn in. He had previously been nominated in September.
-ABC News' Ben Gittleson and Luke Barr
Sen. Mitt Romney, R-Utah, came out with a lengthy statement Thursday morning analyzing the various divisions in the country and urging a unified path forward.
Romney writes that factors including leadership, the media, social media, the downfall of communities and others "have combined to threaten" the success of the founders' vision for the country.
"Most disappointing of all, too many political figures have stoked these divisions. Demagogues on the left scapegoat the rich; demagogues on the right scapegoat the immigrant. They each scapegoat the other," he writes.
Romney said when selecting elected officials it is important to consider their character. He's looking for someone who "calls upon our better angels"
"Today when I vote, I pay as much attention to the character of the candidate as I do to their policies. If we choose leaders who inflame resentment and division, our nation will be angry and divided. We have a choice to make: Would we rather have our “side” win to punish the “other side” or would we rather have our nation united?"
-ABC News' Allison Pecorin
