,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hceh ,,in ,,the ,,house ,,of ,,representatives ,september #bc1 #bjbj,mr4 ,malinowski 7for himself and ,mr4 ,diaz-,balart7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to establish the ,commission on the ,coronavirus ,pandemic in the ,united ,states4 #a4 ,short title ,this ,act may be cited as the ,national ,coronavirus ,commission ,act of #bjbj4 #b4 ,establishment of commission ,there is established in the legislative branch the ,commission on the ,coronavirus ,pandemic in the ,united ,states 7referred to in this ,act as the ,commission74 #c4 ,purposes ,the purposes of the ,commission are to-- 7#a7 examine and report upon the facts and the causes relating to the emergence and spread of the #bjai novel coronavirus disease 7referred to in this ,act as ,,covid-#ai7 pandemic in the ,united ,states2 7#b7 make a full and complete accounting of the ,united ,states preparedness for1 and response to1 the ,,covid-#ai pandemic1 to include investigating and reporting on the preparedness and response of the ,united ,states in terms of-- 7,a7 medical intelligence and information gathering2 7,b7 communication and information sharing by the ,federal ,government with foreign governments and private sector1 nongovernmental1 and international public health organizations regarding public health threats1 including early warning1 detection1 and prevention and response measures2 7,c7 interagency communication and information sharing regarding health threats and pandemic response1 including among the national security agencies1 public health agencies1 and ,state1 local1 ,tribal1 and territorial governments2 7,d7 public health monitoring and testing capabilities2 7,e7 availability of medical equipment and supplies1 including supply chain vulnerabilities1 the prioritization and distribution of medical equipment and supplies by government and private actors1 and the operation of government-maintained stockpiles2 7,f7 hospital preparedness2 7,g7 emergency management2 7,h7 military engagement1 including the ,national ,guard ,bureau2 7,i7 contributions and adherence to scientific research1 including supporting and coordinating global research on diagnostics1 vaccines1 and treatments2 7,j7 coordination and distribution of resources between the ,federal ,government and ,state1 local1 ,tribal1 and territorial governments2 7,k7 prison1 jail1 and immigration detention center preparedness2 7,l7 health and economic impacts on underserved communities1 rural populations1 racial and ethnic minority populations1 older adults1 and all other populations with known health disparities1 which may include-- 7i7 immigrant populations2 7ii7 lesbian1 gay1 bisexual1 transgender1 and queer individuals2 7iii7 people with disabilities2 7iv7 ,american ,indian1 ,alaska ,native1 and ,native ,hawaiian populations2 and 7v7 residents of territories of the ,united ,states2 7,m7 economic relief1 including-- 7i7 loan1 grant1 and other financial assistance2 7ii7 unemployment insurance compensation2 7iii7 tax deferment2 7iv7 direct payments2 and 7v7 eviction and foreclosure relief2 7,n7 impacts on elementary and secondary education and higher education and evaluation of mitigation strategies to support student engagement and achievement2 7,o7 impacts on nursing homes1 assisted living facilities1 and other congregate care settings2 7,p7 ,federal guidance1 assistance1 and mandates for ,state1 local1 ,tribal1 and territorial governments2 7,q7 ,state1 local1 ,tribal1 and territorial government preparedness and response1 which may include-- 7i7 ,state1 local1 ,tribal1 and territorial government preparedness and response in relation to ,federal guidance1 assistance1 and mandates2 7ii7 imposition1 implementation1 and efficacy of stay-at-home orders and other orders or recommendations to contain the spread of ,,covid-#ai2 7iii7 emergency management2 7iv7 interagency coordination and communication2 7v7 regional coordination2 7vi7 public health monitoring and testing2 and 7vii7 all other preparedness and response policies and actions affecting hospitals1 congregate care settings1 schools1 prisons1 jails1 and the ,state1 local1 ,tribal1 and territorial populations in general2 and 7,r7 other areas as determined relevant and appropriate by the ,commission 7by agreement of the chair and vice chair of the ,commission72 and 7#c7 investigate and report to the ,president and ,congress on its findings1 conclusions1 and recommendations to improve the ability of the ,federal ,government1 ,state1 local1 ,tribal1 and territorial governments1 and the private sector to-- 7,a7 prevent1 respond to1 and prepare for future epidemics and pandemics1 whether naturally occurring or caused by ,state or non-,state actors2 and 7,b7 if needed1 mitigate the human1 economic1 and security costs of future epidemics and pandemics4 #d4 ,composition of the ,commission 7a7 ,members ,the ,commission shall be comprised of #aj members1 of whom-- 7#a7 #a member shall be appointed by the ,president1 who shall serve as the chair of the ,commission2 7#b7 #a member shall-- 7,a7 be appointed by the leader of the ,senate who represents the major political party that the ,president does not represent1 in consultation with the leader of the ,house of ,representatives from the same political party2 and 7,b7 serve as the vice chair of the ,commission2 7#c7 #b members shall be appointed by the senior member of the ,senate leadership of the ,democratic ,party2 7#d7 #b members shall be appointed by the senior member of the ,senate leadership of the ,republican ,party2 7#e7 #b members shall be appointed by the senior member of the leadership of the ,house of ,representatives of the ,republican ,party2 and 7#f7 #b members shall be appointed by the senior member of the leadership of the ,house of ,representatives of the ,democratic ,party4 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 shall not-- 7,a7 be an officer or employee of the ,federal ,government or any ,state1 local1 ,tribal1 or territorial government2 or 7,b7 have held a position in any agency1 office1 or other establishment in the executive1 legislative1 or judicial branch of the ,federal ,government1 the functions and duties of which included planning1 coordinating1 or implementing any aspect of the ,federal ,government response to the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai1 including a position that required the individual holding the position to attend meetings relating to that response4 7#c7 ,ethics and conflicts report ,the ,commission shall hire an ethics counsel1 and not later than #cj days after the initial meeting of the ,commission1 the ethics counsel shall submit to the relevant committees of ,congress a detailed plan for identifying and resolving potential and actual conflicts of interest by any member of the ,commission1 including of an ethical1 financial1 or personal nature1 or that could lead a reasonable person to conclude a conflict may exist4 7#d7 ,other qualifications 7,a7 ,governors1 public health experts1 and economic policy experts ,in appointing members to the ,commission1 the appointing individuals described in subsection 7a7 of the same political party shall coordinate to ensure that the members appointed by each political party include-- 7i7 at least #a former governor of a ,state2 7ii7 at least #a public health expert2 and 7iii7 at least #a economic policy expert4 7,b7 ,sense of ,congress ,it is the sense of ,congress that individuals appointed to the ,commission should be prominent ,united ,states citizens1 with national recognition and significant depth of experience in such professions as governmental service1 public health1 scientific research1 public administration1 intelligence gathering1 commerce1 national security1 and foreign affairs4 7#e7 ,timeline for appointment ,all members of the ,commission shall be appointed not later than #cj days after the date of the expiration of the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai1 and not earlier than such date of expiration4 7#f7 ,vacancies ,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 7c7 ,meetings 7#a7 ,initial meeting ,the ,commission shall meet and begin the operations of the ,commission within #de days after the appointment of all ,commission members4 7#b7 ,additional meetings ,after the initial meeting of the ,commission1 the ,commission shall meet upon the call of the chair or a majority of the members of the ,commission4 7#c7 ,quorum ,six members of the ,commission shall constitute a quorum4 #e4 ,functions of the ,commission ,the functions of the ,commission are to-- 7#a7 conduct an investigation that-- 7,a7 addresses the purposes described in section #c2 7,b7 investigates relevant facts and circumstances relating to the emergence and spread of ,,covid-#ai in the ,united ,states1 and the response to the ,,covid-#ai pandemic by the ,federal ,government and1 as appropriate1 ,state1 ,tribal1 territorial1 and local governments1 including any relevant legislation1 ,executive order1 regulation1 plan1 policy1 practice1 or procedure2 7,c7 may include relevant facts and circumstances relating to-- 7i7 public health agencies2 7ii7 health care agencies2 7iii7 financial and labor agencies2 7iv7 intelligence agencies2 7v7 defense and national security agencies2 7vi7 diplomacy and development agencies2 7vii7 ,white ,house offices and councils2 7viii7 private sector organizations2 7ix7 scientific research2 7x7 pandemic preparedness and response2 7xi7 vaccine1 diagnostic1 and therapeutics research and development2 7xii7 underserved populations1 older adults1 and all populations facing health disparities2 7xiii7 immigration and border control2 7xiv7 international trade and supply chains2 7xv7 the role of congressional and ,state government oversight and resource allocation2 and 7xvi7 other areas of the public and private sectors determined relevant by the ,commission for its inquiry2 7#b7 identify1 review1 and evaluate the lessons learned from the ,,covid-#ai pandemic regarding the structure1 coordination1 management policies1 and procedures of the ,federal ,government and ,state1 local1 ,tribal1 and territorial governments and nongovernmental entities1 relative to detecting1 preventing1 and responding to epidemics and pandemics1 whether naturally occurring or caused by ,state or non-,state actors2 and 7#c7 submit to the ,president and ,congress such reports as are required by this ,act containing such findings1 conclusions1 and legislative1 regulatory1 and policy recommendations as the ,commission shall determine1 including proposing organization1 coordination1 planning1 management arrangements1 procedures1 rules1 and regulations4 #f4 ,powers of the ,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 hearings1 sit and act at such times and places1 take such testimony1 receive such evidence1 and administer such oaths as the ,commission or such designated subcommittee or designated member may determine advisable2 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 chair and the vice chair2 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 chair or any member designated by a majority of the ,commission1 and may be served by any person designated by the chair 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 this subsection1 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 purposes of this ,act4 ,notwithstanding any other law or any assertion of privilege1 each department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality shall furnish1 without redaction1 such records1 information1 suggestions1 estimates1 and statistics directly to the ,commission1 upon request made by the chair1 the chair 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 the departments and agencies 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 #g4 ,nonapplicability of the ,federal ,advisory ,commission ,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 subsections 7a7 and 7b7 of section #ab4 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 #h4 ,record retention 7a7 ,commission records ,the ,commission shall-- 7#a7 preserve the records and documents of the ,commission2 and 7#b7 make such records and documents available to the ,national ,archives not later than #abj days following the submission of the ,commission's final report4 7b7 ,future access ,following the termination of the ,commission1 the ,secretary of the ,senate shall be responsible for facilitating access to the publicly available records and documents of the ,commission1 as if they were ,senate records1 for researchers1 interested parties1 and the general public4 7c7 ,official electronic accounts for ,commission business ,when conducting any ,commission business on electronic accounts1 members and staff of the ,commission shall use official ,commission electronic accounts4 #i4 ,staff of the ,commission 7a7 ,in general 7#a7 ,appointment and compensation ,the chair1 in consultation with the vice chair and 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 such title4 7#b7 ,personnel as ,federal employees 7,a7 ,in general ,the staff director and any personnel of the ,commission who are employees shall be employees under section #baje of title #e1 ,united ,states ,code1 for 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 #aj4 ,compensation and travel expenses 7a7 ,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 7b7 ,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 #aa4 ,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 requirements1 except that no person shall be provided with access to classified information under this ,act without the appropriate security clearances4 #ab4 ,reports of the ,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 #ah months after the date of appointment of all members of the ,commission1 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 ,the final report shall simultaneously be made publicly available on an internet website4 7c7 ,extensions ,the submission and publication of the final report1 as described in subsection 7b71 may be delayed by #ij days upon the agreement of not fewer than #f members of the ,commission4 ,the ,commission may make not more than #c #ij-;day extensions4 ,the ,commission shall notify the ,president1 ,congress1 and the public of each such extension4 7d7 ,termination 7#a7 ,in general ,the ,commission1 and all the authorities of this ,act1 shall terminate #abj 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 #abj-;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 #ac4 ,funding 7a7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this ,act #ej1jjj1jjj4 7b7 ,duration of availability ,amounts made available to the ,commission under subsection 7a7 shall remain available until the termination of the ,commission4