,i #aagth ,,congress #ast ,session ,h4 ,r4 #hcd ,,in ,,the ,,house ,,of ,,representatives ,february #d1 #bjba ,mr4 ,posey 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 the ,national ,commission on the ,,covid-#ai ,pandemic1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,pandemics ,require ,evaluating1 ,planning1 ,and ,responding ,effectively ,act or the ,,prepare ,act4 #b4 ,establishment of ,commission ,there is established in the legislative branch the ,national ,commission on the ,,covid-#ai ,pandemic 7in this ,act referred to as the ,commission74 #c4 ,purposes ,the purposes of the ,commission are to-- 7#a7 examine and report upon the facts and causes relating to the ,,covid-#ai pandemic that resulted from the global spread of the ,,sars-,co,v-#b virus1 from ,wuhan1 ,china2 7#b7 ascertain1 evaluate1 and report on the evidence developed by all relevant governmental agencies regarding the facts and circumstances surrounding the pandemic and the emergence of ,,sars-,co,v-#b2 7#c7 build upon the investigations of other entities1 and avoid unnecessary duplication by critically reviewing the findings1 conclusions1 and recommendations of executive branch1 congressional1 or independent commission investigations into the ,,covid-#ai pandemic while adopting only the findings1 conclusions1 and recommendations of such investigations as the ,commission shall find accurate and unbiased2 7#d7 make a full and complete accounting of the circumstances surrounding the pandemic1 and the extent of the ,united ,states preparedness for1 and immediate response to1 the pandemic2 and 7#e7 investigate and report to the ,president and ,congress on its findings1 conclusions1 and recommendations for corrective measures that can be taken to prevent1 better prepare for1 and respond to pandemics4 #d4 ,considerations ,in carrying out its duties in furtherance of the purposes specified in section #b1 the ,commission shall consider the following3 7#a7 ,compiling a full and complete accounting of the circumstances surrounding the emergence of the #bjai novel coronavirus1 the ,nation's preparedness for the #bjai novel coronavirus pandemic1 and the actions taken by ,federal1 ,state1 local1 ,tribal1 and territorial governments at critical junctures before and after the ,world ,health ,organization designated the #bjai novel coronavirus as a public health emergency of international concern on ,january #cj1 #bjbj4 7#b7 ,evaluating the effectiveness of ,united ,states public health reconnaissance and intelligence in recognizing the ,,covid-#ai pandemic at its source and effectively mobilizing the nation to meet the challenge of the pandemic4 7#c7 ,identifying biological collaborations among government1 private1 nonprofit1 not-for-profit entities1 and other scientific communities1 evaluating the manner in which such collaborations can increase the risk of accidental releases of harmful pathogens1 and making recommendations that will decrease such risks4 7#d7 ,identifying the lead person or agency of the ,federal ,government responsible for conducting the reconnaissance and intelligence in 7#a7 and evaluating the performance of this entity and the efficacy of the assignment of such lead to this entity4 7#e7 ,articulating the policy objectives of the ,federal ,government in preparing1 responding to and recovering from a pandemic and the performance metrics and standards to evaluate contributions to the overall objectives as articulated4 7#f7 ,identifying the current agency of the ,federal ,government with the lead for pandemic preparedness and response4 7#g7 ,evaluating the integration of the pandemic planning into the ,national ,preparedness ,system and other preparedness activities throughout the ,federal ,government4 7#h7 ,evaluating the performance of the ,federal1 ,state1 and local governments in preparing for and responding to the ,,covid-#ai declared emergency within the context of the ,national ,preparedness ,system4 7#i7 ,assessment of the assignment of roles and responsibilities among ,federal1 ,state1 and local governments in preparing for1 responding to and recovering from the ,,covid-#ai pandemic4 7#aj7 ,evaluation of the performance of an all-hazard preparedness and response system in meeting the challenges of the ,,covid-#ai emergency and whether actions should be taken to adapt preparedness and response to unique circumstances related to pandemics4 7#aa7 ,evaluating whether the identification of lead person or agency for pandemic preparedness is clear and effective and whether the lead for pandemic preparedness and response requires consolidation or should be reassigned to an alternative agency4 7#ab7 ,examining ways to improve integration and coordination of preparedness and responses to pandemics at all levels of government1 ,federal1 ,state1 and local4 7#ac7 ,evaluating the resilience of production responses to the ,,covid-#ai crisis particularly those related medicines1 medical equipment1 protective equipment and other medical supplies and the role of the ,federal and other governments in responding to supply chain needs for pandemics4 7#ad7 ,identifying and evaluating the degree of reliance of the ,united ,states on vulnerable supply chains for medicines1 medical equipment1 protective equipment and other medical supplies necessary to prepare for and respond to a pandemic and all reasonable alternatives for mitigating such vulnerabilities in future pandemics4 7#ae7 ,evaluating the contribution of the ,defense ,production ,act in the ,,covid-#ai emergency and whether this law should be amended to improve pandemic preparedness and response4 7#af7 ,evaluating the ,national ,stockpile in preparing for and responding to pandemics1 the performance of the ,national ,stockpile in responding to the ,,covid-#ai emergency1 and all reasonable alternatives improving the management and contributions of the ,stockpile in preparing for and responding to future pandemics4 7#ag7 ,evaluating the role of the ,federal ,government in developing and approving surveillance1 testing1 treatments1 therapeutics and vaccines for ,,covid-#ai and all reasonable alternatives to improve the development of therapeutics and vaccines in future pandemics4 7#ah7 ,evaluating the ,federal1 ,state1 and local response to the ,,covid-#ai emergency related to ensuring adequate national surge capacity infrastructure in hospitals and medical centers and alternatives for improving such preparedness and response to ensure adequate capacity in future pandemics4 7#ai7 ,identifying and evaluating the array of public health interventions at the ,federal1 ,state1 and local levels1 including mask orders1 social distancing practices1 stay-at-home directives1 school and business closures1 and other measures1 implemented in response to the ,,covid-#ai emergency and evaluating all reasonable alternatives for improving such public health responses in future pandemics with a due consideration of the economic and other public health costs and tradeoffs associated with such measures4 7#bj7 ,evaluating the performance of financial markets and regulators during the ,,covid-#ai emergency4 7#ba7 ,evaluating the overall efficacy of the ,federal economic response to the ,,covid-#ai emergency and recommendations for modifying those responses to improve preparedness and response to future pandemics4 7#bb7 ,any other feature of the ,,covid-#ai emergency that would improve the prevention1 preparedness and response to future pandemic emergencies4 #e4 ,composition of ,commission 7a7 ,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 chairperson of the ,commission2 7#b7 #a member shall be appointed by the leader of the ,senate whose political party is other than the political party of the ,president 7regardless of whether such individual is the majority or minority leader71 in consultation with the leader of the ,house of ,representatives whose political party is other than the political party of the ,president 7regardless of whether such individual is the ,speaker of the ,house of ,representatives or the minority leader71 who shall serve as vice chairperson of the ,commission2 7#c7 #b members shall be appointed by the senior member of the majority leadership of the ,senate2 7#d7 #b members shall be appointed by the senior member of the majority leadership of the ,house of ,representatives2 7#e7 #b members shall be appointed by the senior member of the minority leadership of the ,senate2 and 7#f7 #b members shall be appointed by the senior member of the minority leadership of the ,house of ,representatives4 7b7 ,qualifications2 initial meeting 7#a7 ,political party affiliation ,each major political party shall be represented by not fewer than five members of the ,commission4 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 depth of experience in such professions as governmental service1 science1 health1 law1 public administration1 intelligence gathering1 commerce1 logistics1 and foreign affairs4 7#d7 ,no conflicts of interest ,an individual appointed to the ,commission may not have a conflict of interest with respect to any potential issue or inquiry that may come within the purview of the ,commission consistent with ,federal law relating to conflicts-of-interest and congressional ethics rules4 7#e7 ,deadline for appointment ,all members of the ,commission shall be appointed not later than #ij days after the date of the enactment of this ,act4 7#f7 ,initial meeting ,the ,commission shall meet and begin the operations of the ,commission as soon as practicable4 7c7 ,quorum2 vacancies ,after its initial meeting1 the ,commission shall meet upon the call of the chairman 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 #f4 ,functions of commission ,the functions of the ,commission are to-- 7#a7 conduct an investigation that-- 7,a7 investigates relevant facts and circumstances relating to the ,,covid-#ai pandemic1 including any relevant legislation1 ,executive order1 regulation1 plan1 policy1 scientific research1 practice1 or procedure2 and 7,b7 include relevant facts and circumstances relating to-- 7i7 scientific and public health research2 7ii7 public and private scientific organizations2 7iii7 charitable organizations2 7iv7 academic organizations2 7v7 economic1 education1 scientific and commercial institutions2 7vi7 healthcare1 public health policies1 and pandemic preparedness2 7vii7 the role of congressional oversight and resource allocation2 and 7viii7 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 from how the virus emerged and spread to the ongoing response efforts1 regarding the structure1 coordination1 management policies1 and procedures of the ,federal ,government1 and1 where appropriate1 ,state and local governments1 nongovernmental entities and international organizations1 relative to detecting1 preventing1 and responding to such disease events2 and 7#c7 submit to the ,president and ,congress such reports as are required by this title containing such findings1 conclusions1 and recommendations as the ,commission shall determine1 including proposing organization1 coordination1 planning1 management arrangements1 procedures1 rules1 and regulations4 #g4 ,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 title-- 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 chairman and the vice chairman2 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 chairman or any member designated by a majority of the ,commission1 and may be served by any person designated by the chairman 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 subsection 7a71 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 title4 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 title4 ,each department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality shall1 to the extent authorized by law1 furnish such information1 suggestions1 estimates1 and statistics directly to the ,commission1 upon request made by the chairman1 the chairman 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 #h4 ,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 7#a7 ,each ,commission meeting shall be open to the public4 7#b7 ,except when the ,commission determines otherwise for reasons of national security1 timely notice of each such meeting shall be published in the ,federal ,register1 and the ,commission shall2 publish procedures to provide for other types of public notice to ensure that all interested persons are notified of such meeting prior thereto4 7#c7 ,interested persons shall be permitted to attend1 appear before1 or file statements with the ,commission1 subject to such reasonable procedures as the ,commission may prescribe and publish4 7c7 ,records 7#a7 ,maintenance of records ,the ,commission shall maintain and dispose of all records related to ,commission1 its meeting and general business in accordance with statutes governing the maintenance and disposition of records that apply to any agency of the ,federal ,government4 7#b7 ,public access ,in accordance with procedures to be adopted and published by the ,commission1 the records1 reports1 transcripts1 minutes1 appendixes1 working papers1 drafts1 studies1 agenda1 or other documents which were made available to or prepared for or by the ,commission shall be available for public inspection and copying at a single location in the offices of the ,commission until the ,commission ceases to exist and after the termination of the ,commission1 such records shall be transferred to the ,national ,archives and ,records ,administration4 7#c7 ,exemptions ,the requirement for public access under paragraph 7#b7 shall not apply to records that are-- 7,a7 specifically authorized under criteria established by an ,executive order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such ,executive order2 7,b7 related solely to the internal personnel rules and practices of any ,federal agency2 7,c7 specifically exempted from disclosure by statute1 if that statute-- 7i7 requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue2 or 7ii7 establishes particular criteria for withholding or refers to particular types of matters to be withheld2 7,d7 trade secrets and commercial or financial information obtained from a person and privileged or confidential2 7,e7 that are inter-agency or intra-agency memorandums or letters that would not be available by law to a party other than an agency including the ,commission in litigation with the agency1 provided that the deliberative process privilege shall not apply to records created #be years or more before the date on which the records were requested2 7,f7 personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy2 7,g7 records or information compiled for law enforcement purposes1 but only to the extent that the production of such law enforcement records or information-- 7i7 could reasonably be expected to interfere with enforcement proceedings2 7ii7 would deprive a person of a right to a fair trial or an impartial adjudication2 7iii7 could reasonably be expected to constitute an unwarranted invasion of personal privacy2 7iv7 could reasonably be expected to disclose the identity of a confidential source1 including a ,state1 local1 or foreign agency or authority or any private institution which furnished information on a confidential basis1 and1 in the case of a record or information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation1 information furnished by a confidential source2 7v7 would disclose techniques and procedures for law enforcement investigations or prosecutions1 or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law2 or 7vi7 could reasonably be expected to endanger the life or physical safety of any individual2 7,h7 contained in or related to examination1 operating1 or condition reports prepared by1 on behalf of1 or for the use of an agency responsible for the regulation or supervision of financial institutions2 or 7,i7 geological and geophysical information and data1 including maps1 concerning wells4 ,any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection4 ,the amount of information deleted1 and the exemption under which the deletion is made1 shall be indicated on the released portion of the record1 unless including that indication would harm an interest protected by the exemption in this subsection under which the deletion is made4 ,if technically feasible1 the amount of the information deleted1 and the exemption under which the deletion is made1 shall be indicated at the place in the record where such deletion is made4 7#d7 ,construction ,nothing in paragraph 7#c7 shall be construed as imposing any limitation whatsoever on the scope or subject matter of the ,commission's inquiry4 ,the ,commission shall arrange for secure access to all ,commission records and a comprehensive ,commission report without redaction by any ,member of ,congress or authorized individual with a required security clearance in appropriately secure facilities4 7d7 ,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 #i4 ,staff of ,commission 7a7 ,in general 7#a7 ,appointment and compensation ,the chairman1 in consultation with vice chairman1 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 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 7d7 ,conflicts of interest ,all individuals whose services are rendered to the ,commission will be free from any financial1 academic1 personal1 or professional conflicts of interest which may interfere with the work of the ,commission4 #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 #egjc7;b7 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 title without the appropriate security clearances4 #ab4 ,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 #ah months after the date of the enactment of this ,act1 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 title1 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 #ac4 ,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 paragraph 7a7 shall remain available until the termination of the ,commission4 7c7 ,notice ,the chair shall promptly notify ,congress if the chair determines that the amounts made available to the ,commission under subsection 7a7 are insufficient for the ,commission to carry out its duties4