[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6440 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6440

     To establish the National Commission on the COVID-19 Pandemic.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 3, 2020

Mr. Rodney Davis of Illinois (for himself, Mr. Trone, Mr. Van Drew, Mr. 
   Upton, Mr. King of New York, Mr. Fortenberry, Mr. Wilson of South 
  Carolina, Mr. Simpson, Mr. Young, Mr. Lucas, Mr. Joyce of Ohio, Mr. 
 Johnson of South Dakota, and Mr. Moolenaar) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
     To establish the National Commission on the COVID-19 Pandemic.

    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 ``Pandemic Rapid Response Act''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

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

SEC. 3. MEMBERSHIP.

    (a) In General.--The Commission shall be composed of 10 members as 
follows:
            (1) One member, who shall serve as the Chair of the 
        Commission, shall be appointed by the Speaker of the House of 
        Representatives in consultation with the majority leader of the 
        Senate and the minority leader of the House.
            (2) One member, who shall serve as Vice Chair of the 
        Commission, shall be appointed by the majority leader of the 
        Senate in consultation with the Speaker and the minority leader 
        of the Senate.
            (3) Two members shall be appointed by the majority leader 
        of the Senate.
            (4) Two members shall be appointed by the minority leader 
        of the Senate.
            (5) Two members shall be appointed by the Speaker of the 
        House of Representatives.
            (6) One member shall be appointed by the minority leader of 
        the House of Representatives.
            (7) One member shall be appointed by the President.
    (b) Qualifications; Initial Meeting.--
            (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 
        citizens of the United States, with national recognition and 
        significant depth of experience in such professions as 
        governmental service, biological science, and higher education, 
        and that members should include individuals with expertise in 
        the medical community, including hospital experts and 
        administrators.
            (4) Deadline for appointment.--All members of the 
        Commission shall be appointed on or before December 15, 2020.
            (5) Initial meeting.--The Commission shall hold its initial 
        meeting and begin to carry out its duties as soon as 
        practicable after the appointment of its members.
    (c) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the Chair 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.
    (d) 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.
    (e) Establishment of Subcommittees.--With the approval of a 
majority of its members, the Commission may establish and assign duties 
to a subcommittee within the Commission.

SEC. 4. DUTIES.

    (a) In General.--The duties of the Commission are to--
            (1) conduct an investigation on the relevant facts and 
        circumstances relating to the COVID-19 pandemic;
            (2) compile a comprehensive national plan to respond to 
        future global and national viral outbreaks and medical 
        emergencies in light of the COVID-19 pandemic;
            (3) ascertain, evaluate, and report on the evidence 
        developed by all relevant governmental agencies regarding the 
        facts and circumstances surrounding the COVID-19 pandemic, 
        including the cause and location of the original virus outbreak 
        as well as the documented testing shortages and testing 
        failures associated with the virus;
            (4) make a full and complete accounting of the 
        circumstances surrounding the pandemic, and the extent of the 
        Nation's preparedness for, and immediate response to, the 
        pandemic;
            (5) examine the preparedness and adequacy of the Strategic 
        National Stockpile of medical equipment, and develop and make 
        recommendations for implementing a national plan in partnership 
        with Federal, State, and local governments and private industry 
        to adequately respond in the event of a future global or 
        national pandemic;
            (6) identify, review, and evaluate the lessons learned from 
        the COVID-19 pandemic regarding the structure, coordination, 
        management policies, and procedures of the Federal Government, 
        and, if appropriate, State and local governments and 
        nongovernmental entities, with respect to detecting, 
        preventing, and responding to the spread of infectious disease; 
        and
            (7) submit to the President and Congress such reports as 
        are required by this Act on its findings, conclusions, and 
        recommendations for corrective measures that can be taken to 
        prevent a similar outbreak from occurring in the future, 
        including appropriate organization, coordination, planning, 
        management arrangements, procedures, rules, and regulations.
    (b) Avoiding Unnecessary Duplication of Work.--In carrying out its 
duties, the Commission shall avoid unnecessary duplication of work by--
            (1) building upon and reviewing the findings, conclusions, 
        and recommendations resulting from investigations of the COVID-
        19 pandemic by other government entities, including--
                    (A) investigations made by the Government 
                Accountability Office under the Coronavirus Aid, 
                Relief, and Economic Security Act;
                    (B) investigations made by committees of Congress 
                with jurisdiction over issues relating to the pandemic; 
                and
                    (C) investigations made by other executive branch 
                offices, including independent commissions;
            (2) including in its reports relevant facts and 
        circumstances relating to any reports or investigations that 
        have already been conducted by Federal agencies such as the 
        Department of Health and Human Services, the Centers for 
        Disease Control and Prevention, the Food and Drug 
        Administration, and any other Federal agencies that may have 
        compiled relevant information on the pandemic; and
            (3) giving priority to pursuing areas of inquiry on the 
        pandemic that the Commission determines are based on newly 
        available information or that otherwise have not yet been 
        investigated by the relevant Federal agencies and committees of 
        Congress.

SEC. 5. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commission considers 
appropriate. The Commission may administer oaths or affirmations to 
witnesses appearing before it.
    (b) Information From Federal Agencies.--
            (1) In general.--The Commission is authorized to secure 
        directly from any department, agency, or office of the United 
        States such information as the Commission determines to be 
        necessary to carry out this Act. The head of each such 
        department, agency, or office shall furnish such information to 
        the Commission upon request made by the chair of the 
        Commission, the chair of any subcommittee established by the 
        Commission, or any member designated to by a majority of the 
        Commission to receive such information.
            (2) Treatment of information received.--Any information 
        obtained by the Commission under this subsection shall be 
        received, handled, stored, and disseminated by members of the 
        Commission and its staff consistent with all applicable 
        statutes, regulations, and Executive orders.
    (c) Assistance From Other Sources.--
            (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 duties.
            (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.
            (3) Consultation with other organizations.--In addition to 
        assistance from Federal agencies, departments, and 
        congressional committees of jurisdiction, the Commission shall 
        consult the World Health Organization and other global health 
        experts outside the United States.
    (d) Public Availability of Hearings and Reports.--
            (1) In general.--To the extent appropriate, the Commission 
        shall--
                    (A) hold public hearings and meetings; and
                    (B) release public versions of its reports.
            (2) Requirements for 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.
    (e) Application of Congressional Accountability Act of 1995.--For 
purposes of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 
et seq.)--
            (1) the Commission shall be considered an employing office; 
        and
            (2) the employees of the Commission shall be considered 
        covered employees.

SEC. 6. STAFF OF COMMISSION.

    (a) Authorizing Appointment of Staff.--The Chair of the Commission, 
in consultation with the Vice Chair of the Commission and in accordance 
with rules adopted 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 duties.
    (b) Experts and Consultants.--Subject to rules prescribed by the 
Commission, the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code.
    (c) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its duties under this Act.

SEC. 7. REPORTS; TERMINATION.

    (a) Reports.--
            (1) 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.
            (2) Final report.--Not later than 18 months after the date 
        of the enactment of this Act, 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.
    (b) Termination.--The Commission shall terminate 60 days after the 
date on which the final report is submitted under this section.

SEC. 8. FUNDING.

    There are authorized to be appropriated to the Commission such sums 
as may be necessary for the Commission to carry out its duties under 
this Act, of which--
            (1) 50 percent shall be derived from the contingent fund of 
        the Senate; and
            (2) 50 percent shall be derived from the applicable 
        accounts of the House of Representatives.
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