[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3203 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3203

         To establish the Commission on the COVID-19 Pandemic.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 4, 2021

  Mrs. Feinstein (for herself, Mr. Marshall, Mrs. Gillibrand, and Ms. 
Ernst) introduced the following bill; which was read twice and referred 
       to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
         To establish the 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; SENSE OF CONGRESS.

    (a) Short Title.--This Act may be cited as the ``National 
Commission on the COVID-19 Pandemic Act''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the SARS-CoV-2 (COVID-19) pandemic has caused immense 
        suffering in the United States, having resulted in more than 
        736,000 American deaths as of October 2021, and infecting at 
        least 45,000,000;
            (2) following other destructive and traumatic events in our 
        history, including the September 11, 2001, terrorist attacks, 
        Congress has established a bipartisan commission of experts to 
        study the event and produce a report and recommendations, and 
        such an exercise can assist in national healing;
            (3) the extent of the loss of life and the economic cost of 
        the pandemic demonstrate the high risks that pandemic diseases 
        can pose to public health and to national security, and demands 
        a thorough, authoritative, and independent review of the origin 
        of SARS-CoV-2 as well as United States actions and policies 
        before and during the pandemic, and recommendations to Congress 
        and policymakers as to how we can be better prepared for future 
        pandemic diseases, including those that could be caused by 
        intentional biological attacks;
            (4) individuals appointed to the Commission established in 
        subsection (b) should be prominent citizens of the United 
        States with national recognition and significant experience and 
        expertise in--
                    (A) public health and biosafety;
                    (B) epidemiology;
                    (C) medicine;
                    (D) emergency management or response;
                    (E) public administration;
                    (F) logistics;
                    (G) organizational management; or
                    (H) medical intelligence and forensic 
                investigations; and
            (5) it is crucial to better understand and manage 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 related health issues 
        that the United States could face during the next several 
        decades.

SEC. 2. COMMISSION ON THE COVID-19 PANDEMIC.

    (a) Establishment of Commission.--There is established in the 
legislative branch the National Commission on the COVID-19 Pandemic (in 
this section referred to as the ``Commission'').
    (b) Duties.--The Commission shall--
            (1) in accordance with subsection (d), conduct an 
        investigation of all relevant facts and circumstances regarding 
        the novel coronavirus disease 2019 (in this section referred to 
        as ``COVID-19'') in order to make a full and complete 
        accounting of--
                    (A) the preparedness of the United States for 
                pandemic disease before the outbreak of COVID-19;
                    (B) the circumstances surrounding the initial 
                outbreak and spread of COVID-19; and
                    (C) the actions taken by the Federal Government, 
                State, local, and Tribal governments, including with 
                respect to the private sector, civil society, and 
                relevant international organizations (including the 
                World Health Organization) in response to COVID-19;
            (2) identify and examine lessons learned regarding pandemic 
        preparedness, response, and recovery efforts by the Federal 
        Government and State, local, and Tribal governments, and 
        international partners; and
            (3) submit to the President and Congress, and make publicly 
        available, such reports as are required by this section 
        containing findings, conclusions, and recommendations as the 
        Commission determines appropriate to improve the ability of the 
        United States to prepare for, detect, prevent, and, if 
        necessary, respond to and recover from epidemics and pandemics 
        such as COVID-19 (whether naturally occurring or caused by 
        state or non-state actors) in a way that minimizes negative 
        effects on public health, the economy, and society.
    (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 House of Representatives (the Speaker 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 Senate (majority or 
                minority leader, as the case may be) of the same 
                political party as such leader of the House of 
                Representatives, 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) Affiliations; 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) Conflicts of interest.--An individual appointed 
                to the Commission may not have conflicts of interest, 
                or otherwise have demonstrated a strong bias toward a 
                particular conclusion that may prejudice the 
                individual's judgement as it pertains to the matters 
                before the Commission. A senior member of the 
                leadership of either party in the Senate or the House 
                of Representatives may raise objections to appointees 
                who raise such concerns.
                    (D) Deadline for appointment.--All members of the 
                Commission shall be appointed not later than 30 days 
                after the date of enactment of this Act.
                    (E) Initial meeting.--The Commission shall meet and 
                begin the operations of the Commission as soon as 
                practicable, but not later than 15 days after 
                appointment of all members of the Commission.
            (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.
            (4) In-person meetings.--The members of the Commission 
        shall conduct its meetings in person unless such in-person 
        meetings would pose a health risk or significant practical 
        challenges.
    (d) Investigation.--The investigation under subsection (b)(1) shall 
address the following:
            (1) The structure, coordination, management, policies, 
        procedures, and actions of the Federal Government, State, 
        local, and Tribal governments, and nongovernmental entities in 
        response to the COVID-19 pandemic.
            (2) The effectiveness of communications to the public 
        concerning the pandemic and the public health response, 
        including physical distancing practices, the use of masks, and 
        other non-pharmaceutical interventions intended to reduce the 
        spread of COVID-19.
            (3) The role of international cooperation in responding to 
        the pandemic, including the role of international organizations 
        such as the World Health Organization and China's government's 
        cooperation in the global investigation of COVID-19.
            (4) The availability of personal protective equipment for 
        health workers and first responders, and the availability of 
        other relevant medical equipment and supplies, including the 
        role of the Strategic National Stockpile.
            (5) The role of the Federal Government in the development, 
        testing, production, and distribution of treatments and 
        vaccines for COVID-19.
            (6) The preparedness and capacity of the health care system 
        of the United States, including hospitals, physicians, 
        community health centers, and laboratories.
            (7) The link between variations in the language that 
        individuals use to describe a novel virus or disease and how 
        such language may contribute to or conversely help to prevent 
        an increase in incidents of stigma, discrimination, and 
        harassment against an identifiable group of people and the 
        communities in which they live.
            (8) The origins of the novel coronavirus that causes COVID-
        19. Such an investigation shall include engaging with willing 
        partner governments and experts from around the world, seeking 
        access to all relevant records on the virus cultures, isolates, 
        genomic sequences, databases, and patient specimens, and 
        personnel of interest. The investigation shall fully and 
        without prejudice explore the likely origins of COVID-19, as 
        addressed in the August, 27, 2020, Office of the Director of 
        National Intelligence unclassified summary of the Intelligence 
        Community assessment on COVID-19 origins, including natural 
        exposure to an infected animal and a laboratory-associated 
        incident involving experimentation, animal handling, or 
        sampling by the Wuhan Institute of Virology, or another lab 
        conducting similar research.
            (9) Any other subject the Commission determines relevant to 
        understanding the origins of COVID-19, the United States 
        response to COVID-19, and developing recommendations to prepare 
        for future pandemics.
    (e) Powers of Commission.--
            (1) In general.--
                    (A) Hearings and evidence.--The Commission or, as 
                delegated by the chair and vice chair, 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, 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 section, 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, state, local, and tribal 
        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 Federal 
                Government or a State, local, or Tribal 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.
                    (C) Non-interference with public health duties.--
                The Commission and its staff shall seek information and 
                testimony in a manner that ensures Federal, State, 
                local, and Tribal individuals and entities and private 
                sector individuals and entities are able to prioritize 
                activities related to the pandemic response.
            (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) Intelligence and investigative support.--The 
                Director of National Intelligence, the Secretary of 
                State, the Secretary of Defense, the Secretary of 
                Health and Human Services, and the Attorney General 
                shall, to the extent authorized by law, support the 
                duties of the Commission by providing information, 
                intelligence, analysis, recommendations, estimates, and 
                statistics directly to the Commission, upon request 
                made by the chair of the Commission, the chair of any 
                subcommittee created by a majority of the Commission, 
                or any member designated by a majority of the 
                Commission.
                    (C) 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) Declassification review of intelligence related to 
        covid-19.--
                    (A) Commencement of review.--Not later than 30 days 
                after the date of the initial meeting of the 
                Commission, the Director of National Intelligence 
                shall, in coordination with the Director of the Federal 
                Bureau of Investigation, the Director of the Central 
                Intelligence Agency, and the heads of such other 
                elements of the intelligence community as the Director 
                of National Intelligence considers appropriate, 
                commence a declassification review of any and all 
                information the Commission determines necessary 
                relating to the origin of COVID-19.
                    (B) Completion of review.--Not later than 90 days 
                after the date of the initial meeting of the 
                Commission, the Director of National Intelligence shall 
                complete the review described in subparagraph (A) and 
                determine what additional information relating to the 
                origin of COVID-19 can be appropriately declassified 
                and shared with the public.
                    (C) Submission of report.--The Director of National 
                Intelligence shall submit to Congress an unclassified 
                report that contains the additional information 
                described in subparagraph (B) with only such redactions 
                as the Director determines necessary to protect sources 
                and methods without altering or obscuring such 
                information.
            (6) Gifts.--The Commission may not accept, use, and dispose 
        of gifts or donations of services or property.
            (7) 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) Presumption for public meetings.--
                    (A) Open to the public.--The Commission shall make 
                its hearings and meetings open to the public unless the 
                chair and vice chair determine by consensus, on a case-
                by-case basis, that the hearing or meeting should be 
                closed to the public.
                    (B) Protection of information.--Any public meeting 
                or hearing 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 the 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. The chair shall ensure 
                that any internships with the Commission are paid 
                positions.
                    (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(b) 
        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 report.--Not later than 1 year after the date 
        of enactment of this Act, the Commission shall submit to the 
        President and Congress, and make publicly available, an interim 
        report 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 the date described in 
        paragraph (3)(A), the Commission shall submit to the President 
        and Congress, and make publicly available, a final report 
        containing such findings, conclusions, and recommendations for 
        corrective measures as have been agreed to by a majority of 
        Commission members.
            (3) Deadline.--
                    (A) Date described.--The date described in this 
                subparagraph is 20 months after the date of the initial 
                meeting of the Commission, unless not fewer than 8 
                members of the Commission vote for an extension of not 
                more than 120 days.
                    (B) Number of extensions.--The Commission may make 
                not more than 1 extension under subparagraph (A).
                    (C) Notification.--The Commission shall notify the 
                President, Congress, and the public of each extension 
                under subparagraph (A).
    (k) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        this section, shall terminate 90 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 90-day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        reports, disseminating the final report, and explaining to the 
        public such reports and the conclusions of the Commission.
    (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.
            (2) Duration of availability.--Amounts made available to 
        the Commission under paragraph (1) shall remain available until 
        the termination of the Commission.
            (3) Notice.--The chair shall promptly notify Congress if 
        the chair determines that the amounts made available to the 
        Commission under paragraph (1) are insufficient for the 
        Commission to carry out its duties, including during an 
        extended period described in subsection (j)(3).
    (m) Definitions.--In this section:
            (1) The terms ``chair'' and ``vice chair'' refer to the 
        chair and vice chair of the Commission appointed under 
        subsection (c)(1).
            (2) The term ``State'' means each of the several States, 
        the District of Columbia, Puerto Rico, American Samoa, Guam, 
        the United States Virgin Islands, and the Commonwealth of the 
        Northern Mariana Islands.
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