[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6455 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6455

     To establish the National Commission Regarding the 2019 Novel 
         Coronavirus COVID-19 Pandemic, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 3, 2020

    Mr. Thompson of Mississippi (for himself, Ms. Jackson Lee, Mr. 
 Langevin, Mr. Richmond, Mr. Payne, Miss Rice of New York, Mr. Correa, 
 Ms. Slotkin, Mr. Cleaver, Mr. Green of Texas, Ms. Clarke of New York, 
Ms. Titus, Mrs. Watson Coleman, Ms. Barragan, Mrs. Demings, Mr. Khanna, 
  Mr. Cicilline, Mr. Sherman, and Mr. Clay) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
     To establish the National Commission Regarding the 2019 Novel 
         Coronavirus COVID-19 Pandemic, 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. SHORT TITLE.

    This Act may be cited as the ``National Commission Regarding the 
2019 Novel Coronavirus (COVID-19) Pandemic Act'' or the ``COVID-19 
Commission Act''.

SEC. 2. NATIONAL COMMISSION REGARDING THE 2019 NOVEL CORONAVIRUS COVID-
              19 PANDEMIC.

    (a) Establishment.--There is established in the legislative branch 
a National Commission Regarding the 2019 Novel Coronavirus COVID-19 
Pandemic (referred to in this section as the ``Commission'').
    (b) Purposes.--The Commission shall--
            (1) make a full and complete accounting of the 
        circumstances surrounding the emergence of the 2019 novel 
        coronavirus, the Nation's preparedness for the 2019 novel 
        coronavirus pandemic, and the actions taken by Federal, State, 
        local, Tribal, and territorial governments at critical 
        junctures before and after the World Health Organization 
        designated the 2019 novel coronavirus as a public health 
        emergency of international concern on January 30, 2020;
            (2) identify and examine lessons learned regarding 
        preparedness, response, and recovery efforts at the Federal, 
        State, local, Tribal, territorial, and international levels 
        relating to the 2019 novel coronavirus;
            (3) review and evaluate recommendations and pandemic plans 
        issued by the Bipartisan Commission on Biodefense and other 
        nonpartisan entities regarding health security, pandemic 
        preparedness, response, or recovery; and
            (4) not later than 18 months after the initial meeting of 
        the Commission pursuant to subsection (e), publish a public 
        report that includes recommendations for the development of a 
        national plan to improve preparedness, response, and recovery 
        efforts based on the lessons learned under paragraph (1) that 
        addresses policies, programs, and, as appropriate, changes in 
        law to minimize negative public health, economic, and social 
        impacts of future wide-scale public health emergencies.
    (c) Membership.--
            (1) Members.--The Commission shall be composed of 25 
        members, of whom--
                    (A) two members shall be appointed by the Committee 
                on Oversight and Reform of the House of 
                Representatives, of whom one member shall be selected 
                by the Chair and one member shall be selected by the 
                Ranking Member;
                    (B) two members shall be appointed by the Committee 
                on Homeland Security of the House of Representatives, 
                of whom one member shall be selected by the Chair and 
                one member shall be selected by the Ranking Member;
                    (C) two members shall be appointed by the Permanent 
                Select Committee on Intelligence of the House of 
                Representatives, of whom one member shall be selected 
                by the Chair and one member shall be selected by the 
                Ranking Member;
                    (D) two members shall be appointed by the Committee 
                on Energy and Commerce of the House of Representatives, 
                of whom one member shall be selected by the Chair and 
                one member shall be selected by the Ranking Member;
                    (E) two members shall be appointed by the Committee 
                on Foreign Affairs of the House of Representatives, of 
                whom one member shall be selected by the Chair and one 
                member shall be selected by the Ranking Member;
                    (F) two members shall be appointed by the Committee 
                on Transportation and Infrastructure of the House of 
                Representatives, of whom one member shall be selected 
                by the Chair and one member shall be selected by the 
                Ranking Member;
                    (G) two members shall be appointed by the Committee 
                on Education and Labor of the House of Representatives, 
                of whom one member shall be selected by the Chair and 
                one member shall be selected by the Ranking Member;
                    (H) two members shall be appointed by the Committee 
                on Homeland Security and Governmental Affairs of the 
                Senate, of whom one member shall be selected by the 
                Chair and one member shall be selected by the Ranking 
                Member;
                    (I) two members shall be appointed by the Committee 
                on Commerce, Science, and Transportation of the Senate, 
                of whom one member shall be selected by the Chair and 
                one member shall be selected by the Ranking Member;
                    (J) two members shall be appointed by the Select 
                Committee on Intelligence of the Senate, of whom one 
                member shall be selected by the Chair and one member 
                shall be selected by the Ranking Member;
                    (K) two members shall be appointed by the Committee 
                on Health, Education, Labor, and Pensions of the 
                Senate, of whom one member shall be selected by the 
                Chair and one member shall be selected by the Ranking 
                Member;
                    (L) two members shall be appointed by the Committee 
                on Foreign Relations of the Senate, of whom one member 
                shall be selected by the Chair and one member shall be 
                selected by the Ranking Member; and
                    (M) one member shall be appointed by the Joint 
                Economic Committee of Congress selected by the Chairman 
                and Vice Chair.
            (2) Qualifications.--
                    (A) Areas of expertise.--Each individual appointed 
                to the Commission shall be a United States persons with 
                significant expertise in one or more of the following 
                areas:
                            (i) Public health preparedness, response, 
                        and recovery operations.
                            (ii) Administration of emergency 
                        preparedness, response, and recovery 
                        operations.
                            (iii) Transportation.
                            (iv) Education.
                            (v) Economics.
                            (vi) Healthcare, with a focus on 
                        biotechnology and biomedical sciences.
                            (vii) Foreign policy.
                            (viii) Logistics and supply chain.
                            (ix) Intelligence.
                            (x) Election security and administration.
                    (B) Political party affiliation.--Not more than 13 
                members of the Commission may be from the same 
                political party.
                    (C) Composition.--At least one member of the 
                Commission shall be an individual with significant 
                expertise in each of the areas specified in 
                subparagraph (A). Not fewer than 18 members of the 
                Commission, in an equally divided manner, shall be 
                individuals with significant expertise in the areas 
                specified clauses (i) and (ii) of such subparagraph.
                    (D) Nongovernment appointees.--An individual 
                appointed to the Commission may not be an officer or 
                employee of the Federal Government.
            (3) Deadline for appointment.--Members of the Commission 
        shall be appointed not later than 45 days after the date of the 
        enactment of this Act.
    (d) Chair and Vice Chair.--The Chair and Vice Chair of the 
Commission shall be members with significant expertise in the areas 
specified in clauses (i) and (ii) of subsection (c)(2)(A), and shall be 
chosen from among the members through a vote taken by a majority of the 
members. The Chair and Vice Chair shall be of different political 
parties.
    (e) Initial Meeting.--The Commission shall meet and begin operating 
not later than 45 days after the date of the appointment of its final 
member.
    (f) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the Chair or a majority of its members. 
Eighteen members of the Commission shall constitute a quorum, and 
members shall have the option to vote by proxy. 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) Powers of Commission.--
            (1) In general.--
                    (A) Hearings and evidence.--The Commission or, on 
                the authority of the Commission, may, for the purpose 
                of carrying out this section--
                            (i) hold such hearings and sit and act at 
                        such times and places, take such testimony, 
                        receive such evidence, administer such oaths; 
                        and
                            (ii) subject to subparagraph (B), require, 
                        by subpoena or otherwise, the attendance and 
                        testimony of such witnesses and the production 
                        of such books, records, correspondence, 
                        memoranda, papers, and documents.
                    (B) Subpoenas.--
                            (i) Issuance.--
                                    (I) In general.--A subpoena may be 
                                issued under this subsection only--
                                            (aa) by the agreement of 
                                        the Chair and the Vice Chair; 
                                        or
                                            (bb) by the affirmative 
                                        vote of 18 members of the 
                                        Commission.
                                    (II) Signature.--Subject to 
                                subclause (I), subpoenas issued under 
                                this subsection may be issued under the 
                                signature of the Chair and Vice Chair 
                                or any member designated by a majority 
                                of the Commission, and may be served by 
                                any person designated by the Chair and 
                                Vice Chair or by a member designated by 
                                a majority of the Commission.
                            (ii) Enforcement.--
                                    (I) In general.--In the case of 
                                contumacy or failure to obey a subpoena 
                                issued under this subsection, 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 subsection, 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).
            (2) Information from federal, state, local, tribal, or 
        territorial agencies.--
                    (A) In general.--The Commission is authorized to 
                secure directly from any executive department, bureau, 
                agency, board, commission, office, independent 
                establishment, or other instrumentality of government 
                at the Federal, State, local Tribal, or territorial 
                level, information, suggestions, estimates, and 
                statistics for the purposes of carrying out this 
                section. Each such department, bureau, agency, board, 
                commission, office, independent establishment, or 
                instrumentality shall, to the extent authorized by law, 
                furnish such information, suggestions, estimates, and 
                statistics directly to the Commission, upon request 
                made by the Chair and Vice Chair or any member 
                designated by a majority of the Commission.
                    (B) 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.
            (3) Assistance from federal agencies.--
                    (A) 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.
                    (B) Other departments and agencies.--In addition to 
                the assistance prescribed in subparagraph (A), 
                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.
    (h) Public Meetings.--
            (1) In general.--The Commission shall hold public hearings 
        and meetings to the extent appropriate.
            (2) Protection of certain information.--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.
    (i) Staff of Commission.--
            (1) In general.--
                    (A) Appointment and compensation.--The Chair, in 
                consultation with Vice Chair, and in accordance with 
                rules agreed upon by the Commission, may appoint and 
                fix the compensation of an executive 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.
                    (B) Personnel as federal employees.--
                            (i) In general.--The executive director and 
                        any other personnel of the Commission in 
                        accordance with subparagraph (A) shall be 
                        treated as employees under section 2105 of 
                        title 5, United States Code, for purposes of 
                        chapters 63, 81, 83, 84, 85, 87, 89, and 90 of 
                        that title.
                            (ii) Members of commission.--Clause (i) 
                        shall not be construed to apply to members of 
                        the Commission.
            (2) 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.
            (3) 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.
    (j) Compensation and Travel Expenses.--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.
    (k) Security Clearances for Commission Members and Staff.--The 
appropriate Federal agencies or departments 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 may be 
provided with access to classified information under this subsection 
without the appropriate security clearances.
    (l) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        this section, shall terminate 60 days after the date on which 
        the report is published under subsection (b)(4).
            (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 public report.
    (m) Funding.--
            (1) In general.--There is authorized to be appropriated to 
        the Commission $4,000,000 to carry out this section.
            (2) Duration of availability.--Amounts made available to 
        the Commission under paragraph (1) are authorized to remain 
        available until the termination of the Commission.
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