[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6429 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6429

  To establish in the Legislative Branch a National Commission on the 
        Coronavirus Disease 2019 Pandemic in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 3, 2020

   Mrs. Murphy of Florida (for herself and Mr. Katko) introduced the 
   following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committees on Financial Services, and 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To establish in the Legislative Branch a National Commission on the 
        Coronavirus Disease 2019 Pandemic in the United States.

    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 on COVID-19 
Act''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch the National 
Commission on COVID-19 in the United States (hereinafter in this Act 
referred to as the ``Commission'').

SEC. 3. PURPOSES.

    (a) In General.--The purposes of the Commission are to--
            (1) examine the facts and circumstances relating to the 
        emergence and spread in the United States of the respiratory 
        illness known as coronavirus disease 2019 (hereinafter in this 
        Act referred to as ``COVID-19'');
            (2) evaluate the United States preparation for and response 
        to COVID-19; and
            (3) report to the President and Congress on its findings, 
        conclusions, and recommendations for corrective measures that 
        can be taken to prevent, prepare for, respond to, and mitigate 
        the effects of future pandemics in the United States.
    (b) Particular Subjects for Review.--In particular, the Commission 
shall examine, evaluate, make findings and recommendations, and report 
on the United States preparation for and response to COVID-19 as it 
relates to--
            (1) surveillance, testing, treatments, and vaccines;
            (2) personal protective equipment for health workers and 
        other first responders;
            (3) medical devices, equipment, drugs, and supply chains;
            (4) the use and public health impact of social distancing 
        practices, stay-at-home directives, school and business 
        closures, and other measures prescribed by government 
        authorities or adopted voluntarily in order to contain the 
        virus;
            (5) the preparedness and capacity of the United States 
        health care system, including hospitals, physicians, community 
        health centers, and laboratories;
            (6) the Federal Government's actions, including guidance, 
        regarding altered standards of care, end of life care, and 
        prioritization of scarce medical and emergency resources;
            (7) the National Response Framework and any other 
        applicable response plans;
            (8) the Defense Production Act;
            (9) the Strategic National Stockpile;
            (10) the role and responsibility of, and coordination 
        among, departments and agencies of the United States, including 
        but not limited to, the Department of Health and Human 
        Services, the Centers for Disease Control and Prevention, the 
        Food and Drug Administration, the Department of Homeland 
        Security, the Federal Emergency Management Agency, the 
        Department of Defense, and the National Security Council;
            (11) the nature and extent of communication and 
        coordination between the Federal Government and State, 
        territory, tribal, and local governments; between the Federal 
        Government and the private sector; and between the United 
        States Government and the governments of foreign nations; and
            (12) any other subject the Commission determines to be 
        appropriate and relevant in order to fulfill its purposes.

SEC. 4. COMPOSITION.

    (a) Members.--The Commission shall consist of 10 members as 
follows:
            (1) One member appointed by the President, who shall serve 
        as chairperson of the Commission.
            (2) One member appointed by the leader of the House of 
        Representatives from the party opposite the President (majority 
        or minority leader, as the case may be), in consultation with 
        the leader of the Senate from the party opposite the President 
        (majority or minority leader, as the case may be), who shall 
        serve as vice chairperson of the Commission.
            (3) Two members appointed by the Speaker of the House of 
        Representatives.
            (4) Two members appointed by the minority leader of the 
        House of Representatives.
            (5) Two members appointed by the majority leader of the 
        Senate.
            (6) Two members appointed by the minority leader of the 
        Senate.
    (b) Qualifications.--
            (1) Political party affiliation.--Not more than 5 members 
        of the Commission shall be from the same political party.
            (2) Nongovernmental appointees.--An individual appointed to 
        the Commission may not be an officer or employee of the Federal 
        Government or any State or local government.
            (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 experience and expertise in such professions as 
        governmental service, public health, medicine, emergency 
        management or response, public administration, logistics, and 
        organizational management.
    (c) Deadline for Appointment.--
            (1) In general.--All members of the Commission shall be 
        appointed on or between January 21, 2021, and February 19, 
        2021.
            (2) Exception.--If the determination that a public health 
        emergency exists as a result of COVID-19, as issued by the 
        Secretary of the Department of Health and Human Services on 
        January 31, 2020, is not in effect as of August 31, 2020, all 
        members of the Commission shall be appointed on or between 
        September 1, 2020, and October 1, 2020.
    (d) Term of Members.--Members of the Commission shall serve for the 
life of the Commission.
    (e) Initial Meeting.--The Commission shall hold its initial meeting 
and begin the operations of the Commission as soon as practicable, but 
in no event later than March 15, 2021, if appointed pursuant to 
subsection (c)(1), or October 31, 2020, if appointed pursuant to 
subsection (c)(2).
    (f) 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.
    (g) 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.
    (h) 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 of title 5, United States Code.

SEC. 5. POWERS OF COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, 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, administer such oaths; 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, and 
                documents, as the Commission or such designated 
                subcommittee or designated member may determine 
                advisable.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued 
                        under this subsection only--
                                    (I) by the agreement of the 
                                chairperson and the vice chairperson; 
                                or
                                    (II) by the affirmative vote of 6 
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i), 
                        subpoenas issued under this subsection may be 
                        issued under the signature of the chairperson 
                        or any member designated by a majority of the 
                        Commission, and may be served by any person 
                        designated by the chairperson or by a member 
                        designated by a majority of the Commission.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        or failure to obey a subpoena issued under 
                        subparagraph (A), 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.
                            (ii) Additional enforcement.--In the case 
                        of any failure of any witness to comply with 
                        any subpoena or to testify when summoned under 
                        authority of this section, the Commission may, 
                        by majority vote, certify a statement of fact 
                        constituting such failure to the appropriate 
                        United States attorney, who may bring the 
                        matter before the grand jury for its action, 
                        under the same statutory authority and 
                        procedures as if the United States attorney had 
                        received a certification under sections 102 
                        through 104 of the Revised Statutes of the 
                        United States (2 U.S.C. 192 through 194).
    (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) Information From Federal Agencies.--
            (1) In general.--The Commission is authorized to secure 
        directly from any executive department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality of the Government, information, suggestions, 
        estimates, and statistics for the purpose of this Act, each of 
        whom shall, to the extent authorized by law, furnish such 
        information directly to the Commission, upon request made by 
        the chairperson, the chairperson of any subcommittee created by 
        a majority of the Commission, or any member designated by a 
        majority of 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.--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 may 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.
    (e) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (f) 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.

SEC. 6. 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 required under 
        section 9.
    (c) 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. 7. STAFF OF COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--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 
        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 V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code.
            (2) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for the purposes of chapters 63, 81, 83, 84, 85, 
                87, 89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to members of the Commission.
    (b) 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.
    (c) 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. 8. SECURITY CLEARANCES FOR COMMISSION 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 shall be provided with access to classified information under 
this title without the appropriate security clearances.

SEC. 9. REPORTS OF COMMISSION; 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 1 year after the date of the 
Commission's initial meeting, 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 final report.

SEC. 10. FUNDING.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Commission such sums as may be necessary for any 
fiscal year, half of which shall be derived from the applicable account 
of the House of Representatives, and half of which shall be derived 
from the contingent fund of the Senate.
    (b) Duration of Availability.--Amounts made available to the 
Commission under subsection (a) shall remain available until the 
termination of the Commission.
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