,,ii #aagth ,,congress #ast ,session ,s4 #cbjc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #d1 #bjba,mrs4 ,feinstein 7for herself1 ,mr4 ,marshall1 ,mrs4 ,gillibrand1 and ,ms4 ,ernst7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to establish the ,commission on the ,,covid-#ai ,pandemic4 #a4 ,short title2 sense of ,congress 7a7 ,short title ,this ,act may be cited as the ,national ,commission on the ,,covid-#ai ,pandemic ,act4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,,sars-,co,v-#b 7,,covid-#ai7 pandemic has caused immense suffering in the ,united ,states1 having resulted in more than #gcf1jjj ,american deaths as of ,october #bjba1 and infecting at least #de1jjj1jjj2 7#b7 following other destructive and traumatic events in our history1 including the ,september #aa1 #bjja1 terrorist attacks1 ,congress has established a bipartisan commission of experts to study the event and produce a report and recommendations1 and such an exercise can assist in national healing2 7#c7 the extent of the loss of life and the economic cost of the pandemic demonstrate the high risks that pandemic diseases can pose to public health and to national security1 and demands a thorough1 authoritative1 and independent review of the origin of ,,sars-,co,v-#b as well as ,united ,states actions and policies before and during the pandemic1 and recommendations to ,congress and policymakers as to how we can be better prepared for future pandemic diseases1 including those that could be caused by intentional biological attacks2 7#d7 individuals appointed to the ,commission established in subsection 7b7 should be prominent citizens of the ,united ,states with national recognition and significant experience and expertise in-- 7,a7 public health and biosafety2 7,b7 epidemiology2 7,c7 medicine2 7,d7 emergency management or response2 7,e7 public administration2 7,f7 logistics2 7,g7 organizational management2 or 7,h7 medical intelligence and forensic investigations2 and 7#e7 it is crucial to better understand and manage 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 related health issues that the ,united ,states could face during the next several decades4 #b4 ,commission on the ,,covid-#ai ,pandemic 7a7 ,establishment of ,commission ,there is established in the legislative branch the ,national ,commission on the ,,covid-#ai ,pandemic 7in this section referred to as the ,commission74 7b7 ,duties ,the ,commission shall-- 7#a7 in accordance with subsection 7d71 conduct an investigation of all relevant facts and circumstances regarding the novel coronavirus disease #bjai 7in this section referred to as ,,covid-#ai7 in order to make a full and complete accounting of-- 7,a7 the preparedness of the ,united ,states for pandemic disease before the outbreak of ,,covid-#ai2 7,b7 the circumstances surrounding the initial outbreak and spread of ,,covid-#ai2 and 7,c7 the actions taken by the ,federal ,government1 ,state1 local1 and ,tribal governments1 including with respect to the private sector1 civil society1 and relevant international organizations 7including the ,world ,health ,organization7 in response to ,,covid-#ai2 7#b7 identify and examine lessons learned regarding pandemic preparedness1 response1 and recovery efforts by the ,federal ,government and ,state1 local1 and ,tribal governments1 and international partners2 and 7#c7 submit to the ,president and ,congress1 and make publicly available1 such reports as are required by this section containing findings1 conclusions1 and recommendations as the ,commission determines appropriate to improve the ability of the ,united ,states to prepare for1 detect1 prevent1 and1 if necessary1 respond to and recover from epidemics and pandemics such as ,,covid-#ai 7whether naturally occurring or caused by state or non-state actors7 in a way that minimizes negative effects on public health1 the economy1 and society4 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 ,house of ,representatives 7the ,speaker 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 ,senate 7majority or minority leader1 as the case may be7 of the same political party as such leader of the ,house of ,representatives1 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 ,affiliations2 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 ,conflicts of interest ,an individual appointed to the ,commission may not have conflicts of interest1 or otherwise have demonstrated a strong bias toward a particular conclusion that may prejudice the individual's judgement as it pertains to the matters before the ,commission4 ,a senior member of the leadership of either party in the ,senate or the ,house of ,representatives may raise objections to appointees who raise such concerns4 7,d7 ,deadline for appointment ,all members of the ,commission shall be appointed not later than #cj days after the date of enactment of this ,act4 7,e7 ,initial meeting ,the ,commission shall meet and begin the operations of the ,commission as soon as practicable1 but not later than #ae days after appointment of all members of the ,commission4 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 7#d7 ,in-person meetings ,the members of the ,commission shall conduct its meetings in person unless such in-person meetings would pose a health risk or significant practical challenges4 7d7 ,investigation ,the investigation under subsection 7b77#a7 shall address the following3 7#a7 ,the structure1 coordination1 management1 policies1 procedures1 and actions of the ,federal ,government1 ,state1 local1 and ,tribal governments1 and nongovernmental entities in response to the ,,covid-#ai pandemic4 7#b7 ,the effectiveness of communications to the public concerning the pandemic and the public health response1 including physical distancing practices1 the use of masks1 and other non-pharmaceutical interventions intended to reduce the spread of ,,covid-#ai4 7#c7 ,the role of international cooperation in responding to the pandemic1 including the role of international organizations such as the ,world ,health ,organization and ,china's government's cooperation in the global investigation of ,,covid-#ai4 7#d7 ,the availability of personal protective equipment for health workers and first responders1 and the availability of other relevant medical equipment and supplies1 including the role of the ,strategic ,national ,stockpile4 7#e7 ,the role of the ,federal ,government in the development1 testing1 production1 and distribution of treatments and vaccines for ,,covid-#ai4 7#f7 ,the preparedness and capacity of the health care system of the ,united ,states1 including hospitals1 physicians1 community health centers1 and laboratories4 7#g7 ,the link between variations in the language that individuals use to describe a novel virus or disease and how such language may contribute to or conversely help to prevent an increase in incidents of stigma1 discrimination1 and harassment against an identifiable group of people and the communities in which they live4 7#h7 ,the origins of the novel coronavirus that causes ,,covid-#ai4 ,such an investigation shall include engaging with willing partner governments and experts from around the world1 seeking access to all relevant records on the virus cultures1 isolates1 genomic sequences1 databases1 and patient specimens1 and personnel of interest4 ,the investigation shall fully and without prejudice explore the likely origins of ,,covid-#ai1 as addressed in the ,august1 #bg1 #bjbj1 ,office of the ,director of ,national ,intelligence unclassified summary of the ,intelligence ,community assessment on ,,covid-#ai origins1 including natural exposure to an infected animal and a laboratory-associated incident involving experimentation1 animal handling1 or sampling by the ,wuhan ,institute of ,virology1 or another lab conducting similar research4 7#i7 ,any other subject the ,commission determines relevant to understanding the origins of ,,covid-#ai1 the ,united ,states response to ,,covid-#ai1 and developing recommendations to prepare for future pandemics4 7e7 ,powers of ,commission 7#a7 ,in general 7,a7 ,hearings and evidence ,the ,commission or1 as delegated by the chair and vice chair1 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 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 section1 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 ,federal1 ,state1 local1 and ,tribal 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 ,federal ,government or a ,state1 local1 or ,tribal government 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,c7 ,non-interference with public health duties ,the ,commission and its staff shall seek information and testimony in a manner that ensures ,federal1 ,state1 local1 and ,tribal individuals and entities and private sector individuals and entities are able to prioritize activities related to the pandemic response4 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 ,intelligence and investigative support ,the ,director of ,national ,intelligence1 the ,secretary of ,state1 the ,secretary of ,defense1 the ,secretary of ,health and ,human ,services1 and the ,attorney ,general shall1 to the extent authorized by law1 support the duties of the ,commission by providing information1 intelligence1 analysis1 recommendations1 estimates1 and statistics directly to the ,commission1 upon request made by the chair of the ,commission1 the chair of any subcommittee created by a majority of the ,commission1 or any member designated by a majority of the ,commission4 7,c7 ,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 ,declassification review of intelligence related to ,,covid-#ai 7,a7 ,commencement of review ,not later than #cj days after the date of the initial meeting of the ,commission1 the ,director of ,national ,intelligence shall1 in coordination with the ,director of the ,federal ,bureau of ,investigation1 the ,director of the ,central ,intelligence ,agency1 and the heads of such other elements of the intelligence community as the ,director of ,national ,intelligence considers appropriate1 commence a declassification review of any and all information the ,commission determines necessary relating to the origin of ,,covid-#ai4 7,b7 ,completion of review ,not later than #ij days after the date of the initial meeting of the ,commission1 the ,director of ,national ,intelligence shall complete the review described in subparagraph 7,a7 and determine what additional information relating to the origin of ,,covid-#ai can be appropriately declassified and shared with the public4 7,c7 ,submission of report ,the ,director of ,national ,intelligence shall submit to ,congress an unclassified report that contains the additional information described in subparagraph 7,b7 with only such redactions as the ,director determines necessary to protect sources and methods without altering or obscuring such information4 7#f7 ,gifts ,the ,commission may not accept1 use1 and dispose of gifts or donations of services or property4 7#g7 ,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 ,presumption for public meetings 7,a7 ,open to the public ,the ,commission shall make its hearings and meetings open to the public unless the chair and vice chair determine by consensus1 on a case-by-case basis1 that the hearing or meeting should be closed to the public4 7,b7 ,protection of information ,any public meeting or hearing 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 the 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 ,the chair shall ensure that any internships with the ,commission are paid positions4 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 #egjc7;b7 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 report ,not later than #a year after the date of enactment of this ,act1 the ,commission shall submit to the ,president and ,congress1 and make publicly available1 an interim report 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 the date described in paragraph 7#c77;,a71 the ,commission shall submit to the ,president and ,congress1 and make publicly available1 a final report containing such findings1 conclusions1 and recommendations for corrective measures as have been agreed to by a majority of ,commission members4 7#c7 ,deadline 7,a7 ,date described ,the date described in this subparagraph is #bj months after the date of the initial meeting of the ,commission1 unless not fewer than #h members of the ,commission vote for an extension of not more than #abj days4 7,b7 ,number of extensions ,the ,commission may make not more than #a extension under subparagraph 7,a74 7,c7 ,notification ,the ,commission shall notify the ,president1 ,congress1 and the public of each extension under subparagraph 7,a74 7k7 ,termination 7#a7 ,in general ,the ,commission1 and all the authorities of this section1 shall terminate #ij 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 #ij-;day period referred to in paragraph 7#a7 for the purpose of concluding its activities1 including providing testimony to committees of ,congress concerning its reports1 disseminating the final report1 and explaining to the public such reports and the conclusions of the ,commission4 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 year4 7#b7 ,duration of availability ,amounts made available to the ,commission under paragraph 7#a7 shall remain available until the termination of the ,commission4 7#c7 ,notice ,the chair shall promptly notify ,congress if the chair determines that the amounts made available to the ,commission under paragraph 7#a7 are insufficient for the ,commission to carry out its duties1 including during an extended period described in subsection 7j77#c74 7m7 ,definitions ,in this section3 7#a7 ,the terms chair and vice chair refer to the chair and vice chair of the ,commission appointed under subsection 7c77#a74 7#b7 ,the term ,state means each of the several ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4