[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.
______