[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2628-S2630]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 480. Mrs. GILLIBRAND (for herself, Mr. Marshall, Mrs. Feinstein, 
Ms. Ernst, and Mr. Casey) submitted an amendment intended to be 
proposed by her to the bill S. 2226, to authorize appropriations for 
fiscal year 2024 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 end of subtitle G of title X, add the following:

     SEC. __. COMPREHENSIVE REVIEW OF THE COVID-19 RESPONSE.

       (a) Establishment of Task Force.--There is established in 
     the legislative branch a task force to be known as the 
     ``National Task Force on the Response of the United States to 
     the COVID-19 Pandemic'' (referred to in this section as the 
     ``Task Force'').
       (b) Purposes.--The purposes of the Task Force are to--
       (1) examine, assess, and report upon the United States' 
     preparedness for, and response to, the COVID-19 pandemic, 
     including--
       (A) the initial Federal, State, local, and territorial 
     responses in the United States;
       (B) the ongoing Federal, State, local, and territorial 
     responses in the United States, including the activities, 
     policies, and decisions of the Trump Administration and the 
     Biden Administration;
       (C) the impact of the pandemic on public health and health 
     care systems; and
       (D) the initial outbreak in Wuhan, China, including efforts 
     to determine the potential causes for the emergence of the 
     SARS-CoV-2 virus, and Federal actions to mitigate its spread 
     internationally;
       (2) build upon existing or ongoing evaluations and avoid 
     unnecessary duplication, by reviewing the findings, 
     conclusions, and recommendations of other appropriate task 
     forces, committees, commissions, or entities established by 
     other public or nonprofit private entities related to the 
     United States' preparedness for, and response to, the COVID-
     19 pandemic;
       (3) identify gaps in public health preparedness and medical 
     response policies, processes, and activities, including 
     disparities in COVID-19 infection and mortality rates among 
     people of color, older adults, people with disabilities, and 
     other vulnerable or at-risk groups, and how such gaps 
     impacted the ability of the United States to respond to the 
     COVID-19 pandemic; and
       (4) submit a report to the President and to Congress on its 
     findings, conclusions, and recommendations to improve the 
     United States preparedness for, and response to, future 
     public health emergencies, including a public health 
     emergency resulting from an emerging infectious disease.
       (c) Composition of Task Force; Meetings.--
       (1) Members.--The Task Force shall be composed of 12 
     members, of whom--
       (A) 1 member shall be appointed by the majority leader of 
     the Senate;
       (B) 1 member shall be appointed by the minority leader of 
     the Senate;
       (C) 2 members shall be appointed by the chair of the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate;
       (D) 2 members shall be appointed by the ranking member of 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate;
       (E) 1 member shall be appointed by the Speaker of the House 
     of Representatives;
       (F) 1 member shall be appointed by the minority leader of 
     the House of Representatives;
       (G) 2 members shall be appointed by the chair of the 
     Committee on Energy and Commerce of the House of 
     Representatives; and
       (H) 2 members shall be appointed by the ranking member of 
     the Committee on Energy and Commerce of the House of 
     Representatives.
       (2) Chair and vice chair.--Not later than 30 days after the 
     date on which all members of the Task Force are appointed 
     under paragraph (1), such members shall meet to elect a Chair 
     and Vice Chair from among such members. The Chair and Vice 
     Chair shall each be elected to serve upon an affirmative vote 
     from not less than 8 members of the Task Force. The Chair and 
     Vice Chair shall not be registered members of the same 
     political party.
       (3) Qualifications.--
       (A) Political party affiliation.--Not more than 6 members 
     of the Task Force shall be registered members of the same 
     political party.
       (B) Nongovernmental appointees.--An individual appointed to 
     the Task Force may not be an officer or employee of the 
     Federal Government or any State, local, Tribal, or 
     territorial government.
       (C) Qualifications.--It is the sense of Congress that 
     individuals appointed to the Task Force should be highly 
     qualified citizens of the United States. Members appointed 
     under paragraph (1) may include individuals with expertise 
     in--
       (i) public health, health disparities and at-risk 
     populations, medicine, and related fields;
       (ii) State, local, Tribal, or territorial government, 
     including public health and medical preparedness and response 
     and emergency management and other relevant public 
     administration;
       (iii) research regarding, or the development, 
     manufacturing, distribution, and regulation of, medical 
     products;
       (iv) national security and foreign relations, including 
     global health; and
       (v) commerce, including transportation, supply chains, and 
     small business.
       (4) Deadline for appointment.--All members of the Task 
     Force shall be appointed not later than 90 days after the 
     date of enactment of this Act.
       (5) Meetings.--The Task Force shall meet and begin the 
     operations of the Task Force as soon as practicable. After 
     its initial meeting, the Task Force shall meet upon the call 
     of the Chair and Vice Chair or not less than 8 of its 
     members.
       (6) Quorum; vacancies.--
       (A) Quorum.--Eight members of the Task Force shall 
     constitute a quorum.
       (B) Vacancies.--Any vacancy in the Task Force shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.
       (d) Functions of Task Force.--The functions of the Task 
     Force are to--
       (1) conduct a review that--
       (A) examines the initial outbreak of the SARS-CoV-2 virus 
     in Wuhan, China, including--
       (i) engaging with willing partner governments and global 
     experts;
       (ii) seeking access to relevant records; and
       (iii) examining the potential causes of the emergence and 
     source of the virus;
       (B) examines the United States preparation for, and 
     response to, the COVID-19 pandemic, including--
       (i) relevant laws, policies, regulations, and processes 
     that were in place prior to, or put into place during, 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) with respect to COVID-19, 
     including any that are put into place related to such public 
     health emergency after the date of enactment of this Act and 
     prior to the issuance of the final report pursuant to 
     subsection (j)(2);
       (ii) relevant actions taken by, and coordination between, 
     Federal, State, local, Tribal, and territorial governments, 
     nongovernmental organizations, and international 
     organizations on preparedness and response efforts, including 
     coordination between governments and other public and private 
     entities, during the--

       (I) initial response in the United States;
       (II) response during the Trump Administration; and
       (III) ongoing response during the Biden Administration;

       (iii) communication of public health and scientific 
     information related to the COVID-19 pandemic, including 
     processes for the development, approval, and dissemination of 
     Federal public health and other relevant public health or 
     scientific guidance; and
       (iv) actions taken to support the development, 
     manufacturing, and distribution of medical countermeasures 
     and related medical supplies to prevent, detect, and treat 
     COVID-19; and
       (C) may include assessments relating to--
       (i) the capacity and capabilities of Federal, State, local, 
     Tribal, and territorial governments to respond to the COVID-
     19 pandemic;
       (ii) the capacity and capabilities of health care 
     facilities and the health care workforce to respond to the 
     COVID-19 pandemic;
       (iii) medical countermeasure research and development and 
     the supply chains of medical products necessary to respond to 
     the COVID-19 pandemic;
       (iv) international preparedness for and response to COVID-
     19, and Federal decision-making processes related to new 
     global health threats;
       (v) containment and mitigation measures related to domestic 
     and international travel in response to COVID-19; and
       (vi) the impact of the COVID-19 pandemic and related 
     mitigation efforts on hard-to-reach and at-risk or 
     underserved populations, including related health 
     disparities;
       (2) identify, review, and evaluate the lessons learned from 
     the COVID-19 pandemic,

[[Page S2629]]

     including activities to prepare for, and respond to, future 
     potential pandemics and related public health emergencies; 
     and
       (3) submit to the President and Congress such reports as 
     are required by this section containing such findings, 
     conclusions, and recommendations as the Task Force shall 
     determine.
       (e) Powers of Task Force.--
       (1) Hearings.--The Task Force may--
       (A) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence as 
     determined by the Chair and Vice Chair, and administer such 
     oaths as the Task Force or a designated member, as determined 
     by the Chair or Vice Chair, may determine advisable to be 
     necessary to carry out the functions of the Task Force; and
       (B) subject to paragraph (2)(A), 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 person described in 
     paragraph (2)(A)(i) may determine advisable.
       (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 not less than 9 members of 
     the Task Force.

       (ii) Signature.--Subpoenas issued under this subsection may 
     be issued under the signature of the Chair or any member 
     designated by a majority of the Task Force, and may be served 
     by any person designated by the Chair or by a member 
     designated by agreement of the majority of the Task Force.
       (B) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under 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.
       (3) Contracting.--The Task Force may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Task Force to discharge its 
     duties under this Act.
       (4) Information from federal agencies.--
       (A) In general.--The Task Force may access from any 
     executive department, bureau, agency, board, commission, 
     office, independent establishment, or instrumentality of the 
     Federal Government, such information, documents, suggestions, 
     estimates, and statistics as the Task Force considers 
     necessary to carry out this section.
       (B) Provision of information.--On written request of the 
     Chair, each department, bureau, agency, board, commission, 
     office, independent establishment, or instrumentality shall, 
     to the extent authorized by law, provide such information to 
     the Task Force.
       (C) Receipt, handling, storage, and dissemination.--
     Information shall only be received, handled, stored, and 
     disseminated by members of the Task Force and its staff 
     consistent with all applicable statutes, regulations, and 
     executive orders.
       (5) Assistance from federal agencies.--
       (A) General services administration.--On request of the 
     Chair and Vice Chair, the Administrator of the General 
     Services Administration shall provide to the Task Force, on a 
     reimbursable basis, administrative support and other 
     assistance necessary for the Task Force to carry out its 
     duties.
       (B) Other departments and agencies.--In addition to the 
     assistance provided for in subparagraph (A), departments and 
     agencies of the United States may provide to the Task Force 
     such assistance as such departments and agencies may 
     determine advisable and as authorized by law.
       (6) Donations.--The Task Force may accept, use, and dispose 
     of gifts or donations of services or property. Not later than 
     5 days after the acceptance of a donation under this 
     subsection, the Task Force shall publicly disclose--
       (A) the name of the entity that provided such donation;
       (B) the service or property provided through such donation;
       (C) the value of such donation; and
       (D) how the Task Force plans to use such donation.
       (7) Postal services.--The Task Force may use the United 
     States mails in the same manner and under the same conditions 
     as a department or agency of the United States.
       (f) Applicability of Federal Advisory Committee Act.--
       (1) In general.--Chapter 10 of title 5, United States Code 
     (commonly referred to as the ``Federal Advisory Committee 
     Act''), shall apply to the Task Force.
       (2) Public meetings and release of public versions of 
     reports.--The Task Force shall--
       (A) hold public hearings and meetings to the extent 
     appropriate; and
       (B) release public versions of the reports required under 
     paragraph (1) and (2) of subsection (j).
       (3) Public hearings.--Any public hearings of the Task Force 
     shall be conducted in a manner consistent with the protection 
     of information provided to or developed for or by the Task 
     Force as required by any applicable statute, regulation, or 
     Executive order.
       (g) Staff of Task Force.--
       (1) In general.--
       (A) Appointment and compensation.--The Chair of the Task 
     Force, in agreement with the Vice Chair, in accordance with 
     rules agreed upon by the Task Force, may appoint and fix the 
     compensation of a staff director and such other personnel as 
     may be necessary to enable the Task Force 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 Task Force 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 task force.--Clause (i) shall not be 
     construed to apply to members of the Task Force.
       (2) Detailees.--Upon request of the Chair and Vice Chair of 
     the Task Force, the head of any executive department, bureau, 
     agency, board, commission, office, independent establishment, 
     or instrumentality of the Federal Government employee may 
     detail, without reimbursement, any of its personnel to the 
     Task Force to assist in carrying out its duties under this 
     section. Any such detailee shall be without interruption or 
     loss of civil service status or privilege.
       (3) Consultant services.--The Task Force 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.--Each member of the 
     Task Force shall serve without compensation, but shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code.
       (i) Security Clearances for Task Force Members and Staff.--
     The appropriate Federal agencies or departments shall 
     cooperate with the Task Force in expeditiously providing to 
     the Task Force members and staff appropriate security 
     clearances, consistent with existing procedures and 
     requirements. No person shall be provided with access to 
     classified information under this section without the 
     appropriate security clearances.
       (j) Reports of Task Force; Termination.--
       (1) Interim report.--Not later than 180 days after the date 
     of enactment of this Act, the Task Force shall submit to the 
     President, the Committee on Health, Education, Labor, and 
     Pensions of the Senate, and the Committee on Energy and 
     Commerce of the House of Representatives an interim report 
     containing such findings, conclusions, and recommendations as 
     have been agreed to by not less than 8 members of the Task 
     Force. Such interim report shall be made available online in 
     a manner that does not compromise national security.
       (2) Final report.--
       (A) In general.--Not later than 18 months after the date on 
     which the last member of the Task Force is appointed, the 
     Task Force shall submit to the President, the Committee on 
     Health, Education, Labor, and Pensions of the Senate, and the 
     Committee on Energy and Commerce of the House of 
     Representatives a final report containing such findings, 
     conclusions, and recommendations as have been agreed to by 
     not less than 8 members of the Task Force. The final report 
     shall be made available online in a manner that does not 
     compromise national security.
       (B) Extensions.--
       (i) In general.--The submission and publication of the 
     final report, as described in subparagraph (A), may be 
     delayed by 6 months upon the agreement of not less than 8 
     members of the Task Force.
       (ii) Notification.--The Task Force shall notify the 
     President, the Committee on Health, Education, Labor, and 
     Pensions of the Senate, the Committee on Energy and Commerce 
     of the House of Representatives, and the public of any 
     extension granted under clause (i).
       (C) Special rules and considerations.--
       (i) Rule of construction.--Nothing in this subsection shall 
     be construed as authorizing the Task Force to publicly 
     disclose information otherwise prohibited from disclosure by 
     law.
       (ii) Special timing considerations.--Notwithstanding any 
     other provision of this section, the Task Force shall not 
     publish or make available any interim or final report during 
     the 60-day periods ending November 5, 2024, and November 3, 
     2026.
       (3) Termination.--
       (A) In general.--The Task Force, and all the authorities of 
     this section, shall terminate 60 days after the date on which 
     the final report is submitted under paragraph (2).
       (B) Administrative activities before termination.--The Task 
     Force may use the 60-day period referred to in subparagraph 
     (A) for the purpose of concluding its activities,

[[Page S2630]]

     including providing testimony to committees of Congress 
     concerning its reports and disseminating the final report.
       (k) Funding.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (2) Duration of availability.--Amounts made available to 
     the Task Force under paragraph (1) shall remain available 
     until the termination of the Task Force.
                                 ______