,,ii #aagth ,,congress #ast ,session ,s4 #dab ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bd1 #bjba ,mr4 ,menendez 7for himself1 ,ms4 ,collins1 ,mr4 ,wyden1 and ,mr4 ,brown7 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 ,coronavirus ,pandemic in the ,united ,states4 #a4 ,short title ,this ,act may be cited as the ,national ,coronavirus ,commission ,act of #bjba4 #b4 ,definitions ,in this ,act3 7#a7 ,,covid-#ai ,the term ,,covid-#ai means the #bjai novel coronavirus disease4 7#b7 ,relevant committees of ,congress ,the term relevant committees of ,congress-- 7,a7 means all committees for which information in the report or plan being provided might be relevant2 and 7,b7 includes1 at a minimum-- 7i7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions1 the ,committee on ,finance1 the ,committee on ,foreign ,relations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,homeland ,security and ,government ,affairs1 the ,committee on ,appropriations1 and the ,select ,committee on ,intelligence of the ,senate2 and 7ii7 the ,committee on ,energy and ,commerce1 the ,committee on ,ways and ,means1 the ,committee on ,foreign ,affairs1 the ,committee on ,oversight and ,reform1 the ,committee on ,homeland ,security1 the ,committee on ,appropriations1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 #c4 ,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 #d4 ,purposes ,the purposes of the ,commission are to-- 7#a7 examine and report on the facts and the causes relating to the ,,covid-#ai pandemic in the ,united ,states1 which may include investigating and reporting on-- 7,a7 the origins of ,,covid-#ai2 and 7,b7 the spread of ,,covid-#ai internationally and within the ,united ,states2 7#b7 make a full and nonpartisan accounting of the ,united ,states preparedness for1 and response to1 the ,,covid-#ai pandemic1 to include investigating and reporting on-- 7,a7 medical intelligence2 7,b7 international public health surveillance2 7,c7 domestic public health surveillance2 7,d7 communication and coordination between the ,federal ,government and foreign governments1 the private sector1 nongovernmental organizations1 and international public health organizations related to public health threats and early warning1 detection1 and prevention and response measures2 7,e7 communication and coordination related to public health threats and early warning1 detection1 and prevention and response measures among the ,federal national security agencies1 ,federal public health agencies1 other relevant ,federal agencies1 and ,state1 ,tribal1 local1 and territorial governments2 7,f7 ,federal funding and support for1 engagement with1 and management of1 international prevention1 preparedness1 and response efforts2 7,g7 ,federal guidance1 assistance1 and requirements for ,state1 ,tribal1 local1 and territorial governments2 7,h7 ,federal acquisition and financing efforts and supply chain management1 including use of the authorities provided under the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deja et seq471 related to personal protective equipment1 testing supplies1 ventilators and other medical equipment or supplies1 diagnostics1 therapeutics1 vaccines1 or other relevant items for domestic and international use2 7,i7 management1 allocation1 and distribution of relevant resources 7including resources and assets for domestic use held by ,united ,states agencies that provide foreign aid7 between the ,federal ,government and ,state1 ,tribal1 local1 and territorial governments1 hospitals and health care organizations1 and private sector entities1 including personal protective equipment1 testing supplies1 ventilators and other medical equipment or supplies1 diagnostics1 therapeutics1 vaccines1 or other relevant items2 7,j7 management1 allocation1 and distribution of personal protective equipment1 testing supplies1 ventilators and other medical equipment or supplies1 diagnostics1 therapeutics1 vaccines1 or other relevant items as aid to foreign countries2 7,k7 domestic and global supply chain vulnerabilities with respect to personal protective equipment1 testing supplies1 ventilators and other medical equipment or supplies1 diagnostics1 therapeutics1 vaccines1 or other relevant items2 7,l7 the operation of government-maintained stockpiles2 7,m7 scams and profiteering2 7,n7 misinformation and disinformation2 7,o7 the readiness of ,federal1 ,state1 ,tribal1 local1 and territorial public health departments and agencies and relevant regional entities2 7,p7 testing and contact tracing operations2 7,q7 emergency management2 7,r7 military engagement1 including the ,national ,guard ,bureau2 7,s7 ,federal1 ,state1 ,tribal1 local1 and territorial orders and guidance to reduce disease transmission1 including travel restrictions1 stay-at-home orders1 in-person school and institution of higher education closures or modifications1 workplace protections or closures1 or business closures or modifications2 7,t7 ,federal1 ,state1 ,tribal1 local1 and territorial guidance1 public health education1 and resource provision related to masking1 social distancing1 hygiene1 therapeutics1 testing1 quarantining1 vaccination1 or other relevant topics2 7,u7 scientific and technological preparedness and response1 which may include-- 7i7 the ,federal role in executing1 supporting1 and coordinating domestic and global research on diagnostics1 therapeutics1 and vaccines2 7ii7 the efficacy and scientific integrity of the ,federal authorization and approval processes for vaccines1 therapeutics1 and diagnostics2 and 7iii7 the use of technology to detect and prevent contagion1 including privacy concerns2 7,v7 the preparedness and response of specific types of institutions that experienced high rates of ,,covid-#ai infection or that are critical to national security1 which may include-- 7i7 hospitals2 7ii7 skilled nursing facilities and nursing facilities2 7iii7 assisted living facilities2 7iv7 prisons1 jails1 and immigration detention centers2 7v7 elementary and secondary schools and institutions of higher education2 7vi7 food production1 processing1 and distribution facilities2 7vii7 other congregate settings and confined or high-density workplaces2 and 7viii7 other critical infrastructure facilities2 7,w7 ,federal economic relief programs1 including-- 7i7 loan1 grant1 and other financial assistance2 7ii7 unemployment insurance2 7iii7 tax and loan deferment2 7iv7 direct payments2 7v7 rental and mortgage assistance1 eviction moratoria1 and foreclosure relief2 and 7vi7 fiscal relief to ,states1 ,tribes1 localities1 and territories2 7,x7 health and economic impacts on underserved communities1 rural populations1 racial and ethnic minority populations1 older adults1 and all other populations with relevant health or economic disparities1 which may include-- 7i7 immigrant populations2 7ii7 lesbian1 gay1 bisexual1 transgender1 and queer individuals2 7iii7 people with disabilities2 7iv7 people who live on or near ,indian reservations or in ,alaska ,native villages2 7v7 residents of territories of the ,united ,states2 and 7vi7 veterans2 7,y7 the division of authority and responsibilities between the ,federal ,government and ,state1 ,tribal1 local1 and territorial governments2 7,z7 any other aspect of ,federal1 ,state1 ,tribal1 local1 and territorial government preparedness and response2 and 7,,aa7 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 ,tribal1 local1 and territorial governments1 and the private sector to-- 7,a7 prevent1 detect1 respond to1 and prepare for future epidemics and pandemics1 whether naturally occurring or caused by ,state or non-,state actors1 and other public health emergencies2 7,b7 protect the health security of the ,united ,states2 and 7,c7 reestablish the role of the ,united ,states as a global leader in epidemic and pandemic preparedness and response4 #e4 ,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 ,tribal1 local1 or territorial government1 except in the case of a ,state employee who works at a public institution of higher education or ,state-funded research institution2 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 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 exist1 to the relevant committees of ,congress 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 global health1 infectious diseases1 pandemic preparedness and response1 humanitarian response and relief1 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 #fj days after the date of enactment of this ,act4 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 ,if required for public health reasons1 ,commission members may attend meetings virtually and virtual attendance shall count towards constituting a quorum4 #f4 ,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 #d2 7,b7 investigates relevant facts and circumstances relating to the ,,covid-#ai pandemic in the ,united ,states1 including preparedness for1 and the response to1 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 includes relevant facts and circumstances relating to-- 7i7 domestic and international public health agencies2 7ii7 health care agencies2 7iii7 financial1 labor and housing agencies2 7iv7 education agencies2 7v7 intelligence agencies2 7vi7 defense and national security agencies2 7vii7 diplomacy and development agencies2 7viii7 ,white ,house offices and councils2 7ix7 health care organizations2 7x7 private sector entities2 7xi7 scientific research agencies2 7xii7 immigration and border control agencies2 7xiii7 international trade organizations2 7xiv7 ,congress2 7xv7 ,state1 ,tribal1 local1 and territorial government agencies2 7xvi7 the role of congressional and ,state government oversight and resource allocation2 and 7xvii7 other areas of the public and private sectors determined relevant by the ,commission for its inquiry2 7,d7 coordinates with and reviews the findings1 conclusions1 and recommendations of other relevant international1 executive branch1 congressional1 ,state1 or independent commission investigations into the ,,covid-#ai pandemic1 to the extent determined appropriate by ,commission members2 and 7,e7 may include a comparative analysis of relevant domestic or international best practices2 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 ,government1 ,state1 ,tribal1 local1 and territorial governments1 and nongovernmental entities relative to detecting1 preventing1 and responding to-- 7,a7 epidemics and pandemics1 whether naturally occurring or caused by ,state or non-,state actors2 and 7,b7 other public health emergencies2 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 #g4 ,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 written1 recorded1 and electronic materials as the ,commission or such designated subcommittee or designated member may determine advisable1 including correspondence1 memoranda1 diplomatic cables1 papers1 documents1 reports1 books1 notes1 records1 text messages1 emails1 voicemails1 and communications1 including communications sent from or received on both official and personal accounts and devices4 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 a majority of the 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 #h4 ,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 #ac4 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 #i4 ,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 #aj4 ,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 ,nonpartisan staff ,the staff director shall be responsible for the day-to-day authority over the activities of the personnel of the ,commission1 and the staff director and any other personnel of the ,commission shall be hired without regard to political affiliation4 7#c7 ,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 #aa4 ,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 #ab4 ,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 #ac4 ,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 7#a7 ,in general ,not later than #ah months after the date of appointment of all members of the ,commission1 the ,commission shall submit to the ,president and the relevant committees of ,congress a final report containing such findings1 conclusions1 and recommendations for corrective measures and reforms as have been agreed to by a majority of the members of the ,commission4 7#b7 ,sense of ,congress ,it is the sense of ,congress that the members of the ,commission should make the utmost effort to produce a comprehensive1 fact-based1 evidentiary1 nonpartisan1 and actionable final report4 7c7 ,accessibility ,the final report shall-- 7#a7 simultaneously be made publicly available on an internet website2 7#b7 be written in plain language1 to the extent deemed practicable by the ,commission2 and 7#c7 be made available in accessible formats and multiple languages1 to the extent determined practicable by the ,commission4 7d7 ,alternative mediums ,the ,commission may use alternative mediums to communicate key findings from the final report to as many people of the ,united ,states as possible4 7e7 ,extensions ,the submission and publication of the final report1 as described in subsection 7b71 may be delayed by #ij days upon the agreement of a majority of the members of the ,commission4 ,the ,commission may make not more than three #ij-;day extensions4 ,the ,commission shall notify the ,president1 ,congress1 and the public of each such extension4 7f7 ,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 7g7 ,government accountability office report 7#a7 ,monitoring ,the ,comptroller ,general of the ,united ,states shall monitor the implementation of any ,commission recommendations included in the final report4 7#b7 ,reports 7,a7 ,in general ,one year after the final ,commission report is submitted under subsection 7b71 and each year thereafter for the following #c years1 the ,comptroller ,general shall submit to ,congress a report regarding the status of the ,commission recommendations that-- 7i7 identifies each recommendation as open or closed2 and 7ii7 provides a description of actions taken in response to each recommendation4 7,b7 ,scope of reports ,each report required under subparagraph 7,a7 shall not provide a critical assessment of the merit or value of any ,commission recommendation included in the final ,commission report4 #ad4 ,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