[Congressional Record Volume 167, Number 192 (Tuesday, November 2, 2021)]
[Senate]
[Pages S7613-S7615]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4148. Mrs. FEINSTEIN (for herself, Mr. Marshall, and Mrs. 
Gillibrand) submitted an amendment intended to be proposed to amendment 
SA 3867 submitted by Mr. Reed and intended to be proposed to the bill 
H.R. 4350, to authorize appropriations for fiscal year 2022 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. NATIONAL COMMISSION ON THE COVID-19 PANDEMIC.

       (a) Short Title; Sense of Congress.--
       (1) Short title.--This section may be cited as the 
     ``National Commission on the COVID-19 Pandemic Act''.
       (2) Sense of congress.--It is the sense of Congress that--
       (A) 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;
       (B) 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;
       (C) 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;
       (D) 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--
       (i) public health and biosafety;
       (ii) epidemiology;
       (iii) medicine;
       (iv) emergency management or response;
       (v) public administration;
       (vi) logistics;
       (vii) organizational management; or
       (viii) medical intelligence and forensic investigations; 
     and
       (E) 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.
       (b) Commission on the COVID-19 Pandemic.--
       (1) 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'').
       (2) Duties.--The Commission shall--
       (A) in accordance with paragraph (4), 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--
       (i) the preparedness of the United States for pandemic 
     disease before the outbreak of COVID-19;
       (ii) the circumstances surrounding the initial outbreak and 
     spread of COVID-19; and
       (iii) 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;
       (B) identify and examine lessons learned regarding pandemic 
     preparedness, response,

[[Page S7614]]

     and recovery efforts by the Federal Government and State, 
     local, and Tribal governments, and international partners; 
     and
       (C) 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.
       (3) Composition of commission.--
       (A) Members.--The Commission shall be composed of 10 
     members, of whom--
       (i) 1 member shall be appointed by the President, who shall 
     serve as chair of the Commission;
       (ii) 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;
       (iii) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Democratic Party;
       (iv) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Republican Party;
       (v) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Republican Party; and
       (vi) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Democratic Party.
       (B) Affiliations; initial meeting.--
       (i) Political party affiliation.--Not more than 5 members 
     of the Commission shall be from the same political party.
       (ii) 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.
       (iii) 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.
       (iv) Deadline for appointment.--All members of the 
     Commission shall be appointed not later than 30 days after 
     the date of enactment of this Act.
       (v) 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.
       (C) Quorum; vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the chair or a 
     majority of its members. Six members of the Commission shall 
     constitute a quorum. Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.
       (D) 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.
       (4) Investigation.--The investigation under paragraph 
     (2)(A) shall address the following:
       (A) 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.
       (B) 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.
       (C) 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.
       (D) 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.
       (E) The role of the Federal Government in the development, 
     testing, production, and distribution of treatments and 
     vaccines for COVID-19.
       (F) The preparedness and capacity of the health care system 
     of the United States, including hospitals, physicians, 
     community health centers, and laboratories.
       (G) 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.
       (H) 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.
       (I) 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.
       (5) Powers of commission.--
       (A) In general.--
       (i) 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 clause (ii)(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.

       (ii) Issuance of subpoenas.--

       (I) In general.--A subpoena may be issued under this 
     subparagraph only--

       (aa) by the agreement of the chair and the vice chair; or
       (bb) by the affirmative vote of 6 members of the 
     Commission.

       (II) Signature.--Subject to subclause (I), subpoenas issued 
     under this subparagraph 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.

       (iii) Enforcement of subpoenas.--

       (I) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under this subparagraph, 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).

       (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 section.
       (C) Information from federal, state, local, and tribal 
     agencies.--
       (i) 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.
       (ii) 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.
       (iii) 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.
       (D) Assistance from federal agencies.--
       (i) 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.
       (ii) Intelligence and investigative support.--The Director 
     of National Intelligence,

[[Page S7615]]

     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.
       (iii) Other departments and agencies.--In addition to the 
     assistance prescribed in clause (i), 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.
       (E) Declassification of intelligence related to covid-19.--
       (i) 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.
       (ii) 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 clause (i) and determine what additional 
     information relating to the origin of COVID-19 can be 
     appropriately declassified and shared with the public.
       (iii) Submission of report.--The Director of National 
     Intelligence shall submit to Congress an unclassified report 
     that contains the additional information described in clause 
     (ii) with only such redactions as the Director determines 
     necessary to protect sources and methods without altering or 
     obscuring such information.
       (F) Gifts.--The Commission may not accept, use, and dispose 
     of gifts or donations of services or property.
       (G) 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.
       (6) Nonapplicability of federal advisory committee act.--
       (A) In general.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (B) Presumption for public meetings.--
       (i) 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.
       (ii) 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.
       (7) Staff of commission.--
       (A) In general.--
       (i) 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.
       (ii) 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.--Subclause (I) 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.
       (8) 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(b) 
     of title 5, United States Code.
       (9) 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.
       (10) Reports of commission.--
       (A) 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.
       (B) Final report.--Not later than the date described in 
     subparagraph (C)(i), 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.
       (C) Deadline.--
       (i) Date described.--The date described in this clause 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.
       (ii) Number of extensions.--The Commission may make not 
     more than 1 extension under clause (i).
       (iii) Notification.--The Commission shall notify the 
     President, Congress, and the public of each extension under 
     clause (i).
       (11) Termination.--
       (A) 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 paragraph (10)(B).
       (B) Administrative activities before termination.--The 
     Commission may use the 90-day period referred to in 
     subparagraph (A) 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.
       (12) Funding.--
       (A) Authorization of appropriations.--There is authorized 
     to be appropriated to the Commission such sums as may be 
     necessary for any fiscal year.
       (B) Duration of availability.--Amounts made available to 
     the Commission under subparagraph (A) shall remain available 
     until the termination of the Commission.
       (C) Notice.--The chair shall promptly notify Congress if 
     the chair determines that the amounts made available to the 
     Commission under subparagraph (A) are insufficient for the 
     Commission to carry out its duties, including during an 
     extended period described in paragraph (10)(C).
       (13) Definitions.--In this subsection:
       (A) The terms ``chair'' and ``vice chair'' refer to the 
     chair and vice chair of the Commission appointed under 
     paragraph (3)(A).
       (B) 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.
                                 ______