[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4132 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4132

  To establish the Commission on the COVID-19 Pandemic in the United 
                                States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 1, 2020

Mrs. Feinstein (for herself, Ms. Klobuchar, Ms. Baldwin, Mr. Casey, Mr. 
 Reed, Mr. Blumenthal, Mr. Markey, Ms. Harris, Ms. Hirono, Mr. Carper, 
 Mr. Van Hollen, Mrs. Gillibrand, Mr. Merkley, Ms. Smith, Ms. Warren, 
and Mr. Cardin) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
  To establish the Commission on the COVID-19 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; SENSE OF CONGRESS.

    (a) Short Title.--This Act may be cited as the ``National 
Commission on the COVID-19 Pandemic in the United States Act''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) it is important to consider what the coronavirus 
        disease 19 (COVID-19) pandemic reveals about the 
        vulnerabilities to the national security of the United States, 
        especially how prepared the United States would be for a 
        biological attack that not only causes public health confusion 
        and fear but also public fear similar to the level caused by a 
        terrorist attack;
            (2) the purpose of establishing the commission under 
        section 2 is not just to look back at prior practices and 
        mistakes but to learn lessons as quickly as possible to better 
        protect the United States going forward; and
            (3) it is crucial to better understand the increasing 
        likelihood of pandemic threats (such as the recent threats of 
        severe acute respiratory syndrome (SARS), Ebola, the 2009-H1N1 
        influenza, and COVID-19) and health issues that the United 
        States could face during the next several decades.

SEC. 2. NATIONAL COMMISSION ON THE COVID-19 PANDEMIC IN THE UNITED 
              STATES.

    (a) Establishment of Commission.--There is established in the 
legislative branch the National Commission on the COVID-19 Pandemic in 
the United States (in this section referred to as the ``Commission'').
    (b) Purposes.--The purposes of the Commission are to--
            (1) examine and report upon the facts and circumstances 
        relating to the outbreak and spread of coronavirus disease 19 
        (COVID-19) caused by the severe acute respiratory syndrome 
        coronavirus 2 (SARS-CoV-2) (in this section referred to as 
        ``COVID-19'') in the United States;
            (2) ascertain, evaluate, and report on the evidence 
        developed by any relevant governmental and nongovernmental 
        entities regarding the facts and circumstances surrounding 
        COVID-19;
            (3) make a full and complete assessment and accounting of 
        the circumstances surrounding the outbreak and spread of COVID-
        19 in the United States;
            (4) make a full and complete assessment and accounting of 
        the preparedness of the Federal Government, State governments, 
        local governments, and the private sector for the outbreak and 
        spread of COVID-19 in the United States;
            (5) make a full and complete assessment and accounting of 
        the actions by the Federal Government, State governments, local 
        governments, and the private sector in response to the outbreak 
        and spread of COVID-19 in the United States; and
            (6) investigate and report to the President and Congress on 
        its findings, conclusions, and recommendations to improve the 
        ability of the United States to prepare for, detect, prevent, 
        and, if necessary, respond to epidemics and pandemics such as 
        COVID-19, whether naturally occurring or caused by State or 
        non-State actors.
    (c) Composition of Commission.--
            (1) Members.--The Commission shall be composed of 10 
        members, of whom--
                    (A) 1 member shall be appointed by the President, 
                who shall serve as chair of the Commission;
                    (B) 1 member shall be appointed by the leader of 
                the Senate (majority or minority leader, as the case 
                may be) of the political party that is not the same 
                political party as the President, in consultation with 
                the leader of the House of Representatives (majority or 
                minority leader, as the case may be) of the same 
                political party as such Senate leader, who shall serve 
                as vice chair of the Commission;
                    (C) 2 members shall be appointed by the senior 
                member of the Senate leadership of the Democratic 
                Party;
                    (D) 2 members shall be appointed by the senior 
                member of the leadership of the House of 
                Representatives of the Republican Party;
                    (E) 2 members shall be appointed by the senior 
                member of the Senate leadership of the Republican 
                Party; and
                    (F) 2 members shall be appointed by the senior 
                member of the leadership of the House of 
                Representatives of the Democratic Party.
            (2) Qualifications; initial meeting.--
                    (A) Political party affiliation.--Not more than 5 
                members of the Commission shall be from the same 
                political party.
                    (B) 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.
                    (C) 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 public health, medicine (including 
                epidemiology), governmental service, academia, homeland 
                security, the armed services, emergency preparedness 
                and management, law, public administration, and 
                intelligence.
                    (D) Deadline for appointment.--All members of the 
                Commission shall be appointed during the period 
                beginning January 21, 2021, and ending February 5, 
                2021.
                    (E) Initial meeting.--The Commission shall meet and 
                begin the operations of the Commission as soon as 
                practicable.
            (3) 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) Functions of Commission.--The functions of the Commission are 
to--
            (1) conduct an investigation that--
                    (A) addresses the matters specified in subsection 
                (b);
                    (B) investigates relevant facts and circumstances 
                relating to the outbreak and spread of COVID-19 in the 
                United States, and the response to such outbreak and 
                spread, including with respect to any relevant 
                legislation, Executive order, regulation, plan, policy, 
                practice, or procedure; and
                    (C) may include relevant facts and circumstances 
                relating to--
                            (i) Federal, State, and local authorities 
                        with responsibilities relevant to the outbreak 
                        and spread of COVID-19 in the United States, 
                        including such authorities with 
                        responsibilities relating to public health, 
                        emergency management, and epidemic and pandemic 
                        preparedness and response;
                            (ii) private sector organizations;
                            (iii) intelligence agencies and law 
                        enforcement agencies;
                            (iv) diplomacy and international 
                        coordination;
                            (v) immigration and border control;
                            (vi) the role of congressional oversight 
                        and resource allocation; and
                            (vii) other activities of the public and 
                        private sectors determined relevant by the 
                        Commission for its inquiry;
            (2) identify, review, and evaluate the lessons learned from 
        the outbreak and spread of COVID-19 in the United States, and 
        the response to such outbreak and spread, regarding the 
        structure, coordination, management, policies, procedures, and 
        actions of Federal, State, and local governments and 
        nongovernmental entities relative to preparing for, detecting, 
        preventing, and responding to epidemics and pandemics, whether 
        naturally occurring or caused by a State or non-State actor; 
        and
            (3) submit to the President and Congress such reports as 
        are required by this section containing such findings, 
        conclusions, and recommendations as the Commission shall 
        determine, including proposing organization, coordination, 
        planning, management arrangements, procedures, rules, and 
        regulations.
    (e) Powers of Commission.--
            (1) In general.--
                    (A) 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 section--
                            (i) hold such hearings and sit and act at 
                        such times and places, take such testimony, 
                        receive such evidence, and administer such 
                        oaths, as the Commission or such designated 
                        subcommittee or designated member may determine 
                        advisable; and
                            (ii) subject to subparagraph (B)(i), 
                        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.
                    (B) Issuance of subpoenas.--
                            (i) In general.--A subpoena may be issued 
                        under this paragraph only--
                                    (I) by the agreement of the chair 
                                and the vice chair; or
                                    (II) by the affirmative vote of 6 
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i), 
                        subpoenas issued under this paragraph may be 
                        issued under the signature of the chair or any 
                        member designated by a majority of the 
                        Commission, and may be served by any person 
                        designated by the chair or by a member 
                        designated by a majority of the Commission.
                    (C) Enforcement of subpoenas.--
                            (i) In general.--In the case of contumacy 
                        or failure to obey a subpoena issued under this 
                        paragraph, 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 shall 
                        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) 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 section.
            (3) Information from federal agencies.--
                    (A) 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 purposes of this section. Each department, bureau, 
                agency, board, commission, office, independent 
                establishment, or instrumentality shall, to the fullest 
                extent permitted by law, furnish such information, 
                suggestions, estimates, and statistics directly to the 
                Commission, upon request made by the chair, the chair 
                of any subcommittee created by a majority of the 
                Commission, 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.
            (4) 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.
            (5) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.
            (6) 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.
    (f) Nonapplicability of Federal Advisory Committee Act.--
            (1) In general.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to the Commission.
            (2) Public meetings and release of public versions of 
        reports.--The Commission shall--
                    (A) hold public hearings and meetings to the extent 
                appropriate; and
                    (B) release public versions of the reports required 
                under subsection (j).
            (3) 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.
    (g) Staff of Commission.--
            (1) In general.--
                    (A) Appointment and compensation.--The chair, in 
                consultation with vice chair, 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.
                    (B) Personnel as federal employees.--
                            (i) In general.--The staff director and any 
                        personnel of the Commission who are employees 
                        shall be 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.
    (h) Compensation and Travel Expenses.--
            (1) 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.
            (2) 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.
    (i) 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 shall be 
provided with access to classified information under this section 
without the appropriate security clearances.
    (j) Reports of Commission.--
            (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 August 31, 2022, the 
        Commission shall submit to the President, Congress, and the 
        public a final report containing such findings, conclusions, 
        and recommendations for corrective measures as have been agreed 
        to by a majority of Commission members.
    (k) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        this section, shall terminate 60 days after the date on which 
        the final report is submitted under subsection (j)(2).
            (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.
    (l) Funding.--
            (1) 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.
            (2) Duration of availability.--Amounts made available to 
        the Commission under paragraph (1) shall remain available until 
        the termination of the Commission.
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