[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1306 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1306
To establish the Commission on the Coronavirus Pandemic in the United
States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 24, 2021
Mr. Malinowski (for himself and Mr. Diaz-Balart) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To establish the Commission on the Coronavirus 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 Coronavirus Commission Act
of 2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) COVID-19.--The term ``COVID-19'' means the 2019 novel
coronavirus disease.
(2) Relevant committees of congress.--The term ``relevant
committees of Congress''--
(A) means all committees for which information in
the report or plan being provided might be relevant;
and
(B) includes, at a minimum--
(i) the Committee on Health, Education,
Labor, and Pensions, the Committee on Finance,
the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban
Affairs, the Committee on Homeland Security and
Governmental Affairs, the Committee on
Appropriations, and the Select Committee on
Intelligence of the Senate; and
(ii) the Committee on Energy and Commerce,
the Committee on Ways and Means, the Committee
on Foreign Affairs, the Committee on Oversight
and Reform, the Committee on Homeland Security,
the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of
the House of Representatives.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the Commission on
the Coronavirus Pandemic in the United States (referred to in this Act
as the ``Commission'').
SEC. 4. PURPOSES.
The purposes of the Commission are to--
(1) examine and report on the facts and the causes relating
to the COVID-19 pandemic in the United States, which may
include investigating and reporting on--
(A) the origins of COVID-19; and
(B) the spread of COVID-19 internationally and
within the United States;
(2) make a full and nonpartisan accounting of the United
States' preparedness for, and response to, the COVID-19
pandemic, to include investigating and reporting on--
(A) medical intelligence;
(B) international public health surveillance;
(C) domestic public health surveillance;
(D) communication and coordination between the
Federal Government and foreign governments, the private
sector, nongovernmental organizations, and
international public health organizations related to
public health threats and early warning, detection, and
prevention and response measures;
(E) communication and coordination related to
public health threats and early warning, detection, and
prevention and response measures among the Federal
national security agencies, Federal public health
agencies, other relevant Federal agencies, and State,
Tribal, local, and territorial governments;
(F) Federal funding and support for, engagement
with, and management of, international prevention,
preparedness, and response efforts;
(G) Federal guidance, assistance, and requirements
for State, Tribal, local, and territorial governments;
(H) Federal acquisition and financing efforts and
supply chain management, including use of the
authorities provided under the Defense Production Act
of 1950 (50 U.S.C. 4501 et seq.), related to personal
protective equipment, testing supplies, ventilators and
other medical equipment or supplies, diagnostics,
therapeutics, vaccines, or other relevant items for
domestic and international use;
(I) management, allocation, and distribution of
relevant resources (including resources and assets for
domestic use held by United States agencies that
provide foreign aid) between the Federal Government and
State, Tribal, local, and territorial governments,
hospitals and health care organizations, and private
sector entities, including personal protective
equipment, testing supplies, ventilators and other
medical equipment or supplies, diagnostics,
therapeutics, vaccines, or other relevant items;
(J) management, allocation, and distribution of
personal protective equipment, testing supplies,
ventilators and other medical equipment or supplies,
diagnostics, therapeutics, vaccines, or other relevant
items as aid to foreign countries;
(K) domestic and global supply chain
vulnerabilities with respect to personal protective
equipment, testing supplies, ventilators and other
medical equipment or supplies, diagnostics,
therapeutics, vaccines, or other relevant items;
(L) the operation of government-maintained
stockpiles;
(M) scams and profiteering;
(N) misinformation and disinformation;
(O) the readiness of Federal, State, Tribal, local,
and territorial public health departments and agencies
and relevant regional entities;
(P) testing and contact tracing operations;
(Q) emergency management;
(R) military engagement, including the National
Guard Bureau;
(S) Federal, State, Tribal, local, and territorial
orders and guidance to reduce disease transmission,
including travel restrictions, stay-at-home orders, in-
person school and institution of higher education
closures or modifications, workplace protections or
closures, or business closures or modifications;
(T) Federal, State, Tribal, local, and territorial
guidance, public health education, and resource
provision related to masking, social distancing,
hygiene, therapeutics, testing, quarantining,
vaccination, or other relevant topics;
(U) scientific and technological preparedness and
response, which may include--
(i) the Federal role in executing,
supporting, and coordinating domestic and
global research on diagnostics, therapeutics,
and vaccines;
(ii) the efficacy and scientific integrity
of the Federal authorization and approval
processes for vaccines, therapeutics, and
diagnostics; and
(iii) the use of technology to detect and
prevent contagion, including privacy concerns;
(V) the preparedness and response of specific types
of institutions that experienced high rates of COVID-19
infection or that are critical to national security,
which may include--
(i) hospitals;
(ii) skilled nursing facilities and nursing
facilities;
(iii) assisted living facilities;
(iv) prisons, jails, and immigration
detention centers;
(v) elementary and secondary schools and
institutions of higher education;
(vi) food production, processing, and
distribution facilities;
(vii) other congregate settings and
confined or high-density workplaces; and
(viii) other critical infrastructure
facilities;
(W) Federal economic relief programs, including--
(i) loan, grant, and other financial
assistance;
(ii) unemployment insurance;
(iii) tax and loan deferment;
(iv) direct payments;
(v) rental and mortgage assistance,
eviction moratoria, and foreclosure relief; and
(vi) fiscal relief to States, Tribes,
localities, and territories;
(X) health and economic impacts on underserved
communities, rural populations, racial and ethnic
minority populations, older adults, and all other
populations with relevant health or economic
disparities, which may include--
(i) immigrant populations;
(ii) lesbian, gay, bisexual, transgender,
and queer individuals;
(iii) people with disabilities;
(iv) people who live on or near Indian
reservations or in Alaska Native villages;
(v) residents of territories of the United
States; and
(vi) veterans;
(Y) the division of authority and responsibilities
between the Federal Government and State, Tribal,
local, and territorial governments;
(Z) any other aspect of Federal, State, Tribal,
local, and territorial government preparedness and
response; and
(AA) other areas as determined relevant and
appropriate by the Commission (by agreement of the
chair and vice chair of the Commission); and
(3) investigate and report to the President and Congress on
its findings, conclusions, and recommendations to improve the
ability of the Federal Government, State, Tribal, local, and
territorial governments, and the private sector to--
(A) prevent, detect, respond to, and prepare for
future epidemics and pandemics, whether naturally
occurring or caused by State or non-State actors, and
other public health emergencies;
(B) protect the health security of the United
States; and
(C) reestablish the role of the United States as a
global leader in epidemic and pandemic preparedness and
response.
SEC. 5. COMPOSITION OF THE COMMISSION.
(a) Members.--The Commission shall be comprised of 10 members, of
whom--
(1) 1 member shall be appointed by the President, who shall
serve as the chair of the Commission;
(2) 1 member shall--
(A) be appointed by the leader of the Senate who
represents the major political party that the President
does not represent, in consultation with the leader of
the House of Representatives from the same political
party; and
(B) serve as the vice chair of the Commission;
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party;
(4) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party;
(5) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party; and
(6) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party.
(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 shall not--
(A) be an officer or employee of the Federal
Government or any State, Tribal, local, or territorial
government, except in the case of a State employee who
works at a public institution of higher education or
State-funded research institution; or
(B) have held a position in any agency, office, or
other establishment in the executive, legislative, or
judicial branch of the Federal Government, the
functions and duties of which included planning,
coordinating, or implementing any aspect of the Federal
Government response to the public health emergency
declared by the Secretary of Health and Human Services
under section 319 of the Public Health Service Act (42
U.S.C. 247d) on January 31, 2020, with respect to
COVID-19, including a position that required the
individual holding the position to attend meetings
relating to that response.
(3) Ethics and conflicts report.--The Commission shall hire
an ethics counsel, and not later than 30 days after the initial
meeting of the Commission, the ethics counsel shall submit a
detailed plan for identifying and resolving potential and
actual conflicts of interest by any member of the Commission,
including of an ethical, financial, or personal nature, or that
could lead a reasonable person to conclude a conflict may
exist, to the relevant committees of Congress.
(4) Other qualifications.--
(A) Governors, public health experts, and economic
policy experts.--In appointing members to the
Commission, the appointing individuals described in
subsection (a) of the same political party shall
coordinate to ensure that the members appointed by each
political party include--
(i) at least 1 former governor of a State;
(ii) at least 1 public health expert; and
(iii) at least 1 economic policy expert.
(B) Sense of congress.--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 governmental service, public health,
global health, infectious diseases, pandemic
preparedness and response, humanitarian response and
relief, scientific research, public administration,
intelligence gathering, commerce, national security,
and foreign affairs.
(5) Timeline for appointment.--All members of the
Commission shall be appointed not later than 60 days after the
date of enactment of this Act.
(6) Vacancies.--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.
(c) Meetings.--
(1) Initial meeting.--The Commission shall meet and begin
the operations of the Commission within 45 days after the
appointment of all Commission members.
(2) Additional meetings.--After the initial meeting of the
Commission, the Commission shall meet upon the call of the
chair or a majority of the members of the Commission.
(3) Quorum.--Six members of the Commission shall constitute
a quorum. If required for public health reasons, Commission
members may attend meetings virtually and virtual attendance
shall count towards constituting a quorum.
SEC. 6. FUNCTIONS OF THE COMMISSION.
The functions of the Commission are to--
(1) conduct an investigation that--
(A) addresses the purposes described in section 4;
(B) investigates relevant facts and circumstances
relating to the COVID-19 pandemic in the United States,
including preparedness for, and the response to, the
COVID-19 pandemic by the Federal Government and, as
appropriate, State, Tribal, territorial, and local
governments, including any relevant legislation,
Executive order, regulation, plan, policy, practice, or
procedure;
(C) includes relevant facts and circumstances
relating to--
(i) domestic and international public
health agencies;
(ii) health care agencies;
(iii) financial, labor, and housing
agencies;
(iv) education agencies;
(v) intelligence agencies;
(vi) defense and national security
agencies;
(vii) diplomacy and development agencies;
(viii) White House offices and councils;
(ix) health care organizations;
(x) private sector entities;
(xi) scientific research agencies;
(xii) immigration and border control
agencies;
(xiii) international trade organizations;
(xiv) Congress;
(xv) State, Tribal, local, and territorial
government agencies;
(xvi) the role of congressional and State
government oversight and resource allocation;
and
(xvii) other areas of the public and
private sectors determined relevant by the
Commission for its inquiry;
(D) coordinates with and reviews the findings,
conclusions, and recommendations of other relevant
international, executive branch, congressional, State,
or independent commission investigations into the
COVID-19 pandemic, to the extent determined appropriate
by Commission members; and
(E) may include a comparative analysis of relevant
domestic or international best practices;
(2) identify, review, and evaluate the lessons learned from
the COVID-19 pandemic regarding the structure, coordination,
management policies, and procedures of the Federal Government,
State, Tribal, local, and territorial governments, and
nongovernmental entities relative to detecting, preventing, and
responding to--
(A) epidemics and pandemics, whether naturally
occurring or caused by State or non-State actors; and
(B) other public health emergencies; and
(3) submit to the President and Congress such reports as
are required by this Act containing such findings, conclusions,
and legislative, regulatory, and policy recommendations as the
Commission shall determine, including proposing organization,
coordination, planning, management arrangements, procedures,
rules, and regulations.
SEC. 7. POWERS OF THE 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, 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
(B) subject to paragraph (2)(A), require, by
subpoena or otherwise, the attendance and testimony of
such witnesses and the production of such written,
recorded, and electronic materials as the Commission or
such designated subcommittee or designated member may
determine advisable, including correspondence,
memoranda, diplomatic cables, papers, documents,
reports, books, notes, records, text messages, emails,
voicemails, and communications, including
communications sent from or received on both official
and personal accounts and devices.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the chair
and the vice chair; or
(II) by the affirmative vote of a
majority of the members of the
Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection 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.
(B) 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 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 purposes of this Act.
Notwithstanding any other law or any assertion of privilege,
each department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall furnish,
without redaction, such records, 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.
(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 the departments and agencies 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. 8. NONAPPLICABILITY OF THE FEDERAL ADVISORY COMMISSION 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
subsections (a) and (b) of section 13.
(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. 9. RECORD RETENTION.
(a) Commission Records.--The Commission shall--
(1) preserve the records and documents of the Commission;
and
(2) make such records and documents available to the
National Archives not later than 120 days following the
submission of the Commission's final report.
(b) Future Access.--Following the termination of the Commission,
the Secretary of the Senate shall be responsible for facilitating
access to the publicly available records and documents of the
Commission, as if they were Senate records, for researchers, interested
parties, and the general public.
(c) Official Electronic Accounts for Commission Business.--When
conducting any Commission business on electronic accounts, members and
staff of the Commission shall use official Commission electronic
accounts.
SEC. 10. STAFF OF THE COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chair, in
consultation with the vice chair and 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 such title.
(2) Nonpartisan staff.--The staff director shall be
responsible for the day-to-day authority over the activities of
the personnel of the Commission, and the staff director and any
other personnel of the Commission shall be hired without regard
to political affiliation.
(3) Personnel as federal employees.--
(A) 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.
(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. 11. COMPENSATION AND TRAVEL EXPENSES.
(a) 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.
(b) 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. 12. 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 Act without the appropriate security clearances.
SEC. 13. REPORTS OF THE 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.--
(1) In general.--Not later than 18 months after the date of
appointment of all members of the Commission, the Commission
shall submit to the President and the relevant committees of
Congress a final report containing such findings, conclusions,
and recommendations for corrective measures and reforms as have
been agreed to by a majority of the members of the Commission.
(2) Sense of congress.--It is the sense of Congress that
the members of the Commission should make the utmost effort to
produce a comprehensive, fact-based, evidentiary, nonpartisan,
and actionable final report.
(c) Accessibility.--The final report shall--
(1) simultaneously be made publicly available on an
internet website;
(2) be written in plain language, to the extent deemed
practicable by the Commission; and
(3) be made available in accessible formats and multiple
languages, to the extent determined practicable by the
Commission.
(d) Alternative Mediums.--The Commission may use alternative
mediums to communicate key findings from the final report to as many
people of the United States as possible.
(e) Extensions.--The submission and publication of the final
report, as described in subsection (b), may be delayed by 90 days upon
the agreement of a majority of the members of the Commission. The
Commission may make not more than 3 90-day extensions. The Commission
shall notify the President, Congress, and the public of each such
extension.
(f) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 120 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 120-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.
(g) Government Accountability Office Report.--
(1) Monitoring.--The Comptroller General of the United
States shall monitor the implementation of any Commission
recommendations included in the final report.
(2) Reports.--
(A) In general.--One year after the final
Commission report is submitted under subsection (b),
and each year thereafter for the following 3 years, the
Comptroller General shall submit to Congress a report
regarding the status of the Commission recommendations
that--
(i) identifies each recommendation as open
or closed; and
(ii) provides a description of actions
taken in response to each recommendation.
(B) Scope of reports.--Each report required under
subparagraph (A) shall not provide a critical
assessment of the merit or value of any Commission
recommendation included in the final Commission report.
SEC. 14. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act $50,000,000.
(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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