,,ii #aafth ,,congress #b;d ,session ,s4 #dacb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #a1 #bjbj,mrs4 ,feinstein 7for herself1 ,ms4 ,klobuchar1 ,ms4 ,baldwin1 ,mr4 ,casey1 ,mr4 ,reed1 ,mr4 ,blumenthal1 ,mr4 ,markey1 ,ms4 ,harris1 ,ms4 ,hirono1 ,mr4 ,carper1 ,mr4 ,van ,hollen1 ,mrs4 ,gillibrand1 ,mr4 ,merkley1 ,ms4 ,smith1 ,ms4 ,warren1 and ,mr4 ,cardin7 introduced the following bill2 which was read twice and referred to the ,committee on ,rules and ,administration ,a ,,bill ,to establish the ,commission on the ,,covid-#ai ,pandemic in the ,united ,states4 #a4 ,short title2 sense of ,congress 7a7 ,short title ,this ,act may be cited as the ,national ,commission on the ,,covid-#ai ,pandemic in the ,united ,states ,act4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 it is important to consider what the coronavirus disease #ai 7,,covid-#ai7 pandemic reveals about the vulnerabilities to the national security of the ,united ,states1 especially how prepared the ,united ,states would be for a biological attack that not only causes public health confusion and fear but also public fear similar to the level caused by a terrorist attack2 7#b7 the purpose of establishing the commission under section #b is not just to look back at prior practices and mistakes but to learn lessons as quickly as possible to better protect the ,united ,states going forward2 and 7#c7 it is crucial to better understand the increasing likelihood of pandemic threats 7such as the recent threats of severe acute respiratory syndrome 7,,sars71 ,ebola1 the #bjji-;,h#a,n#a influenza1 and ,,covid-#ai7 and health issues that the ,united ,states could face during the next several decades4 #b4 ,national ,commission on the ,,covid-#ai ,pandemic in the ,united ,states 7a7 ,establishment of ,commission ,there is established in the legislative branch the ,national ,commission on the ,,covid-#ai ,pandemic in the ,united ,states 7in this section referred to as the ,commission74 7b7 ,purposes ,the purposes of the ,commission are to-- 7#a7 examine and report upon the facts and circumstances relating to the outbreak and spread of coronavirus disease #ai 7,,covid-#ai7 caused by the severe acute respiratory syndrome coronavirus #b 7,,sars-,co,v-#b7 7in this section referred to as ,,covid-#ai7 in the ,united ,states2 7#b7 ascertain1 evaluate1 and report on the evidence developed by any relevant governmental and nongovernmental entities regarding the facts and circumstances surrounding ,,covid-#ai2 7#c7 make a full and complete assessment and accounting of the circumstances surrounding the outbreak and spread of ,,covid-#ai in the ,united ,states2 7#d7 make a full and complete assessment and accounting of the preparedness of the ,federal ,government1 ,state governments1 local governments1 and the private sector for the outbreak and spread of ,,covid-#ai in the ,united ,states2 7#e7 make a full and complete assessment and accounting of the actions by the ,federal ,government1 ,state governments1 local governments1 and the private sector in response to the outbreak and spread of ,,covid-#ai in the ,united ,states2 and 7#f7 investigate and report to the ,president and ,congress on its findings1 conclusions1 and recommendations to improve the ability of the ,united ,states to prepare for1 detect1 prevent1 and1 if necessary1 respond to epidemics and pandemics such as ,,covid-#ai1 whether naturally occurring or caused by ,state or non-,state actors4 7c7 ,composition of ,commission 7#a7 ,members ,the ,commission shall be composed of #aj members1 of whom-- 7,a7 #a member shall be appointed by the ,president1 who shall serve as chair of the ,commission2 7,b7 #a member shall be appointed by the leader of the ,senate 7majority or minority leader1 as the case may be7 of the political party that is not the same political party as the ,president1 in consultation with the leader of the ,house of ,representatives 7majority or minority leader1 as the case may be7 of the same political party as such ,senate leader1 who shall serve as 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 leadership of the ,house of ,representatives of the ,republican ,party2 7,e7 #b members shall be appointed by the senior member of the ,senate leadership 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 7#b7 ,qualifications2 initial meeting 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 ,qualifications ,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 public health1 medicine 7including epidemiology71 governmental service1 academia1 homeland security1 the armed services1 emergency preparedness and management1 law1 public administration1 and intelligence4 7,d7 ,deadline for appointment ,all members of the ,commission shall be appointed during the period beginning ,january #ba1 #bjba1 and ending ,february #e1 #bjba4 7,e7 ,initial meeting ,the ,commission shall meet and begin the operations of the ,commission as soon as practicable4 7#c7 ,quorum2 vacancies ,after its initial meeting1 the ,commission shall meet upon the call of the chair 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 7d7 ,functions of ,commission ,the functions of the ,commission are to-- 7#a7 conduct an investigation that-- 7,a7 addresses the matters specified in subsection 7b72 7,b7 investigates relevant facts and circumstances relating to the outbreak and spread of ,,covid-#ai in the ,united ,states1 and the response to such outbreak and spread1 including with respect to any relevant legislation1 ,executive order1 regulation1 plan1 policy1 practice1 or procedure2 and 7,c7 may include relevant facts and circumstances relating to-- 7i7 ,federal1 ,state1 and local authorities with responsibilities relevant to the outbreak and spread of ,,covid-#ai in the ,united ,states1 including such authorities with responsibilities relating to public health1 emergency management1 and epidemic and pandemic preparedness and response2 7ii7 private sector organizations2 7iii7 intelligence agencies and law enforcement agencies2 7iv7 diplomacy and international coordination2 7v7 immigration and border control2 7vi7 the role of congressional oversight and resource allocation2 and 7vii7 other activities 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 outbreak and spread of ,,covid-#ai in the ,united ,states1 and the response to such outbreak and spread1 regarding the structure1 coordination1 management1 policies1 procedures1 and actions of ,federal1 ,state1 and local governments and nongovernmental entities relative to preparing for1 detecting1 preventing1 and responding to epidemics and pandemics1 whether naturally occurring or caused by a ,state or non-,state actor2 and 7#c7 submit to the ,president and ,congress such reports as are required by this section containing such findings1 conclusions1 and recommendations as the ,commission shall determine1 including proposing organization1 coordination1 planning1 management arrangements1 procedures1 rules1 and regulations4 7e7 ,powers of ,commission 7#a7 ,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 section-- 7i7 hold such hearings and sit and act at such times and places1 take such testimony1 receive such evidence1 and administer such oaths1 as the ,commission or such designated subcommittee or designated member may determine advisable2 and 7ii7 subject to subparagraph 7,b77i71 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 ,issuance of subpoenas 7i7 ,in general ,a subpoena may be issued under this paragraph 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 paragraph 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,c7 ,enforcement of subpoenas 7i7 ,in general ,in the case of contumacy or failure to obey a subpoena issued under this paragraph1 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 subsection1 the ,commission may1 by majority vote1 certify a statement of fact constituting such failure to the appropriate ,united ,states attorney1 who shall 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 7#b7 ,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 section4 7#c7 ,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 section4 ,each department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality shall1 to the fullest extent permitted by law1 furnish such 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 7#d7 ,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 subparagraph 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 7#e7 ,gifts ,the ,commission may accept1 use1 and dispose of gifts or donations of services or property4 7#f7 ,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 7f7 ,nonapplicability of ,federal ,advisory ,committee ,act 7#a7 ,in general ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,commission4 7#b7 ,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 subsection 7j74 7#c7 ,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 7g7 ,staff of ,commission 7#a7 ,in general 7,a7 ,appointment and compensation ,the chair1 in consultation with vice chair1 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 7i7 ,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 7ii7 ,members of ,commission ,clause 7i7 shall not be construed to apply to members of the ,commission4 7#b7 ,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 7#c7 ,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 7h7 ,compensation and travel expenses 7#a7 ,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 7#b7 ,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 7i7 ,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 section without the appropriate security clearances4 7j7 ,reports of ,commission 7#a7 ,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 7#b7 ,final report ,not later than ,august #ca1 #bjbb1 the ,commission shall submit to the ,president1 ,congress1 and the public a final report containing such findings1 conclusions1 and recommendations for corrective measures as have been agreed to by a majority of ,commission members4 7k7 ,termination 7#a7 ,in general ,the ,commission1 and all the authorities of this section1 shall terminate #fj days after the date on which the final report is submitted under subsection 7j77#b74 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 7l7 ,funding 7#a7 ,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 7#b7 ,duration of availability ,amounts made available to the ,commission under paragraph 7#a7 shall remain available until the termination of the ,commission4