,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fdbi ,,in ,,the ,,house ,,of ,,representatives ,april #c1 #bjbj,mrs4 ,murphy of ,florida 7for herself and ,mr4 ,katko7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,financial ,services1 and ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish in the ,legislative ,branch a ,national ,commission on the ,coronavirus ,disease #bjai ,pandemic in the ,united ,states4 #a4 ,short title ,this ,act may be cited as the ,national ,commission on ,,covid-#ai ,act4 #b4 ,establishment of ,commission ,there is established in the legislative branch the ,national ,commission on ,,covid-#ai in the ,united ,states 7hereinafter in this ,act referred to as the ,commission74 #c4 ,purposes 7a7 ,in general ,the purposes of the ,commission are to-- 7#a7 examine the facts and circumstances relating to the emergence and spread in the ,united ,states of the respiratory illness known as coronavirus disease #bjai 7hereinafter in this ,act referred to as ,,covid-#ai72 7#b7 evaluate the ,united ,states preparation for and response to ,,covid-#ai2 and 7#c7 report to the ,president and ,congress on its findings1 conclusions1 and recommendations for corrective measures that can be taken to prevent1 prepare for1 respond to1 and mitigate the effects of future pandemics in the ,united ,states4 7b7 ,particular subjects for review ,in particular1 the ,commission shall examine1 evaluate1 make findings and recommendations1 and report on the ,united ,states preparation for and response to ,,covid-#ai as it relates to-- 7#a7 surveillance1 testing1 treatments1 and vaccines2 7#b7 personal protective equipment for health workers and other first responders2 7#c7 medical devices1 equipment1 drugs1 and supply chains2 7#d7 the use and public health impact of social distancing practices1 stay-at-home directives1 school and business closures1 and other measures prescribed by government authorities or adopted voluntarily in order to contain the virus2 7#e7 the preparedness and capacity of the ,united ,states health care system1 including hospitals1 physicians1 community health centers1 and laboratories2 7#f7 the ,federal ,government's actions1 including guidance1 regarding altered standards of care1 end of life care1 and prioritization of scarce medical and emergency resources2 7#g7 the ,national ,response ,framework and any other applicable response plans2 7#h7 the ,defense ,production ,act2 7#i7 the ,strategic ,national ,stockpile2 7#aj7 the role and responsibility of1 and coordination among1 departments and agencies of the ,united ,states1 including but not limited to1 the ,department of ,health and ,human ,services1 the ,centers for ,disease ,control and ,prevention1 the ,food and ,drug ,administration1 the ,department of ,homeland ,security1 the ,federal ,emergency ,management ,agency1 the ,department of ,defense1 and the ,national ,security ,council2 7#aa7 the nature and extent of communication and coordination between the ,federal ,government and ,state1 territory1 tribal1 and local governments2 between the ,federal ,government and the private sector2 and between the ,united ,states ,government and the governments of foreign nations2 and 7#ab7 any other subject the ,commission determines to be appropriate and relevant in order to fulfill its purposes4 #d4 ,composition 7a7 ,members ,the ,commission shall consist of #aj members as follows3 7#a7 ,one member appointed by the ,president1 who shall serve as chairperson of the ,commission4 7#b7 ,one member appointed by the leader of the ,house of ,representatives from the party opposite the ,president 7majority or minority leader1 as the case may be71 in consultation with the leader of the ,senate from the party opposite the ,president 7majority or minority leader1 as the case may be71 who shall serve as vice chairperson of the ,commission4 7#c7 ,two members appointed by the ,speaker of the ,house of ,representatives4 7#d7 ,two members appointed by the minority leader of the ,house of ,representatives4 7#e7 ,two members appointed by the majority leader of the ,senate4 7#f7 ,two members appointed by the minority leader of the ,senate4 7b7 ,qualifications 7#a7 ,political party affiliation ,not more than #e members of the ,commission shall be from the same political party4 7#b7 ,nongovernmental appointees ,an individual appointed to the ,commission may not be an officer or employee of the ,federal ,government or any ,state or local government4 7#c7 ,other qualifications ,it is the sense of ,congress that individuals appointed to the ,commission should be prominent ,united ,states citizens1 with national recognition and significant experience and expertise in such professions as governmental service1 public health1 medicine1 emergency management or response1 public administration1 logistics1 and organizational management4 7c7 ,deadline for appointment 7#a7 ,in general ,all members of the ,commission shall be appointed on or between ,january #ba1 #bjba1 and ,february #ai1 #bjba4 7#b7 ,exception ,if the determination that a public health emergency exists as a result of ,,covid-#ai1 as issued by the ,secretary of the ,department of ,health and ,human ,services on ,january #ca1 #bjbj1 is not in effect as of ,august #ca1 #bjbj1 all members of the ,commission shall be appointed on or between ,september #a1 #bjbj1 and ,october #a1 #bjbj4 7d7 ,term of members ,members of the ,commission shall serve for the life of the ,commission4 7e7 ,initial meeting ,the ,commission shall hold its initial meeting and begin the operations of the ,commission as soon as practicable1 but in no event later than ,march #ae1 #bjba1 if appointed pursuant to subsection 7c77#a71 or ,october #ca1 #bjbj1 if appointed pursuant to subsection 7c77#b74 7f7 ,quorum1 vacancies ,after its initial meeting1 the ,commission shall meet upon the call of the chairperson or a majority of its members4 ,six members of the ,commission shall constitute a quorum4 ,any vacancy in the ,commission shall not affect its powers1 but shall be filled in the same manner in which the original appointment was made4 7g7 ,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 #ecae of title #e1 ,united ,states ,code1 for each day during which that member is engaged in the actual performance of the duties of the ,commission4 7h7 ,travel expenses ,while away from their homes or regular places of business in the performance of services for the ,commission1 members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 in the same manner as persons employed intermittently in the ,government service are allowed expenses under section #egjc of title #e1 ,united ,states ,code4 #e4 ,powers of ,commission 7a7 ,in general 7#a7 ,hearings and evidence ,the ,commission or1 on the authority of the ,commission1 any subcommittee or member thereof1 may1 for the purpose of carrying out this ,act-- 7,a7 hold such hearings and sit and act at such times and places1 take such testimony1 receive such evidence1 administer such oaths2 and 7,b7 subject to paragraph 7#b77;,a71 require1 by subpoena or otherwise1 the attendance and testimony of such witnesses and the production of such books1 records1 correspondence1 memoranda1 papers1 and documents1 as the ,commission or such designated subcommittee or designated member may determine advisable4 7#b7 ,subpoenas 7,a7 ,issuance 7i7 ,in general ,a subpoena may be issued under this subsection only-- 7,i7 by the agreement of the chairperson and the vice chairperson2 or 7,,ii7 by the affirmative vote of #f members of the ,commission4 7ii7 ,signature ,subject to clause 7i71 subpoenas issued under this subsection may be issued under the signature of the chairperson or any member designated by a majority of the ,commission1 and may be served by any person designated by the chairperson or by a member designated by a majority of the ,commission4 7,b7 ,enforcement 7i7 ,in general ,in the case of contumacy or failure to obey a subpoena issued under subparagraph 7,a71 the ,united ,states district court for the judicial district in which the subpoenaed person resides1 is served1 or may be found1 or where the subpoena is returnable1 may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence4 ,any failure to obey the order of the court may be punished by the court as a contempt of that court4 7ii7 ,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 section1 the ,commission may1 by majority vote1 certify a statement of fact constituting such failure to the appropriate ,united ,states attorney1 who may bring the matter before the grand jury for its action1 under the same statutory authority and procedures as if the ,united ,states attorney had received a certification under sections #ajb through #ajd of the ,revised ,statutes of the ,united ,states 7#b ,u4,s4,c4 #aib through #aid74 7b7 ,contracting ,the ,commission may1 to such extent and in such amounts as are provided in appropriation ,acts1 enter into contracts to enable the ,commission to discharge its duties under this ,act4 7c7 ,information from ,federal ,agencies 7#a7 ,in general ,the ,commission is authorized to secure directly from any executive department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality of the ,government1 information1 suggestions1 estimates1 and statistics for the purpose of this ,act1 each of whom shall1 to the extent authorized by law1 furnish such information directly to the ,commission1 upon request made by the chairperson1 the chairperson of any subcommittee created by a majority of the ,commission1 or any member designated by a majority of the ,commission4 7#b7 ,receipt1 handling1 storage1 and dissemination ,information shall only be received1 handled1 stored1 and disseminated by members of the ,commission and its staff consistent with all applicable statutes1 regulations1 and ,executive orders4 7d7 ,assistance from ,federal ,agencies 7#a7 ,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 functions4 7#b7 ,other departments and agencies ,in addition to the assistance prescribed in paragraph 7#a71 departments and agencies of the ,united ,states may provide to the ,commission such services1 funds1 facilities1 staff1 and other support services as they may determine advisable and as may be authorized by law4 7e7 ,gifts ,the ,commission may accept1 use1 and dispose of gifts or donations of services or property4 7f7 ,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 ,states4 #f4 ,nonapplicability of ,federal ,advisory ,committee ,act 7a7 ,in general ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,commission4 7b7 ,public meetings and release of public versions of reports ,the ,commission shall-- 7#a7 hold public hearings and meetings to the extent appropriate2 and 7#b7 release public versions of the reports required under section #i4 7c7 ,public hearings ,any public hearings of the ,commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the ,commission as required by any applicable statute1 regulation1 or ,executive order4 #g4 ,staff of ,commission 7a7 ,in general 7#a7 ,appointment and compensation ,the chairperson1 in consultation with the vice chairperson1 in accordance with rules agreed upon by the ,commission1 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 functions1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates1 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 #ecaf of title #e1 ,united ,states ,code4 7#b7 ,personnel as federal employees 7,a7 ,in general ,the executive director and any personnel of the ,commission who are employees shall be employees under section #baje of title #e1 ,united ,states ,code1 for the purposes of chapters #fc1 #ha1 #hc1 #hd1 #he1 #hg1 #hi1 and #ij of that title4 7,b7 ,members of commission ,subparagraph 7,a7 shall not be construed to apply to members of the ,commission4 7b7 ,detailees ,any ,federal ,government employee may be detailed to the ,commission without reimbursement from the ,commission1 and such detailee shall retain the rights1 status1 and privileges of his or her regular employment without interruption4 7c7 ,consultant services ,the ,commission is authorized to procure the services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code1 but at rates not to exceed the daily rate paid a person occupying a position at level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 #h4 ,security clearances for ,commission members and staff ,the appropriate ,federal departments or agencies 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 requirements1 except that no person shall be provided with access to classified information under this title without the appropriate security clearances4 #i4 ,reports of ,commission2 termination 7a7 ,interim reports ,the ,commission may submit to the ,president and ,congress interim reports containing such findings1 conclusions1 and recommendations for corrective measures as have been agreed to by a majority of ,commission members4 7b7 ,final report ,not later than #a year after the date of the ,commission's initial meeting1 the ,commission shall submit to the ,president and ,congress a final report containing such findings1 conclusions1 and recommendations for corrective measures as have been agreed to by a majority of ,commission members4 7c7 ,termination 7#a7 ,in general ,the ,commission1 and all the authorities of this ,act1 shall terminate #fj days after the date on which the final report is submitted under subsection 7b74 7#b7 ,administrative activities before termination ,the ,commission may use the #fj-;day period referred to in paragraph 7#a7 for the purpose of concluding its activities1 including providing testimony to committees of ,congress concerning its reports and disseminating the final report4 #aj4 ,funding 7a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,commission such sums as may be necessary for any fiscal year1 half of which shall be derived from the applicable account of the ,house of ,representatives1 and half of which shall be derived from the contingent fund of the ,senate4 7b7 ,duration of availability ,amounts made available to the ,commission under subsection 7a7 shall remain available until the termination of the ,commission4