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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5327 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 5327

  To establish the National Task Force on the Response of the United 
                    States to the COVID-19 Pandemic.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 20, 2022

    Mrs. Feinstein (for herself, Mr. Marshall, Mrs. Gillibrand, Ms. 
 Baldwin, and Ms. Ernst) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL

 
  To establish the National Task Force on the Response of the United 
                    States to the COVID-19 Pandemic.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Task Force on the COVID-19 
Pandemic Act''.

SEC. 2. COMPREHENSIVE REVIEW OF THE COVID-19 RESPONSE.

    (a) Establishment of Task Force.--There is established in the 
legislative branch a task force to be known as the ``National Task 
Force on the Response of the United States to the COVID-19 Pandemic'' 
(referred to in this section as the ``Task Force'').
    (b) Purposes.--The purposes of the Task Force are to--
            (1) examine, assess, and report upon the United States 
        preparedness for, and response to, the COVID-19 pandemic, 
        including--
                    (A) the initial Federal, State, local, and 
                territorial responses in the United States;
                    (B) the ongoing Federal, State, local, and 
                territorial responses in the United States, including 
                the activities, policies, and decisions of the Trump 
                Administration and the Biden Administration;
                    (C) the impact of the pandemic on public health and 
                health care systems; and
                    (D) the initial outbreak in Wuhan, China, including 
                efforts to determine the potential causes for the 
                emergence of the SARS-CoV-2 virus, and Federal actions 
                to mitigate its spread internationally;
            (2) build upon existing or ongoing evaluations and avoid 
        unnecessary duplication, by reviewing the findings, 
        conclusions, and recommendations of other appropriate task 
        forces, committees, commissions, or entities established by 
        other public or nonprofit private entities related to the 
        United States preparedness for, and response to, the COVID-19 
        pandemic;
            (3) identify gaps in public health preparedness and medical 
        response policies, processes, and activities, including 
        disparities in COVID-19 infection and mortality rates among 
        people of color, older adults, people with disabilities, and 
        other vulnerable or at-risk groups, and how such gaps impacted 
        the ability of the United States to respond to the COVID-19 
        pandemic; and
            (4) submit a report to the President and to Congress on its 
        findings, conclusions, and recommendations to improve the 
        United States preparedness for, and response to, future public 
        health emergencies, including a public health emergency 
        resulting from an emerging infectious disease.
    (c) Composition of Task Force; Meetings.--
            (1) Members.--The Task Force shall be composed of 12 
        members, of whom--
                    (A) 1 member shall be appointed by the majority 
                leader of the Senate;
                    (B) 1 member shall be appointed by the minority 
                leader of the Senate;
                    (C) 2 members shall be appointed by the chair of 
                the Committee on Health, Education, Labor, and Pensions 
                of the Senate;
                    (D) 2 members shall be appointed by the ranking 
                member of the Committee on Health, Education, Labor, 
                and Pensions of the Senate;
                    (E) 1 member shall be appointed by the Speaker of 
                the House of Representatives;
                    (F) 1 member shall be appointed by the minority 
                leader of the House of Representatives;
                    (G) 2 members shall be appointed by the chair of 
                the Committee on Energy and Commerce of the House of 
                Representatives; and
                    (H) 2 members shall be appointed by the ranking 
                member of the Committee on Energy and Commerce of the 
                House of Representatives.
            (2) Chair and vice chair.--Not later than 30 days after the 
        date on which all members of the Task Force are appointed under 
        paragraph (1), such members shall meet to elect a Chair and 
        Vice Chair from among such members. The Chair and Vice Chair 
        shall each be elected to serve upon an affirmative vote from 
        not less than 8 members of the Task Force. The Chair and Vice 
        Chair shall not be registered members of the same political 
        party.
            (3) Qualifications.--
                    (A) Political party affiliation.--Not more than 6 
                members of the Task Force shall be registered members 
                of the same political party.
                    (B) Nongovernmental appointees.--An individual 
                appointed to the Task Force may not be an officer or 
                employee of the Federal Government or any State, local, 
                Tribal, or territorial government.
                    (C) Qualifications.--It is the sense of Congress 
                that individuals appointed to the Task Force should be 
                highly qualified citizens of the United States. Members 
                appointed under paragraph (1) may include individuals 
                with expertise in--
                            (i) public health, health disparities and 
                        at-risk populations, medicine, and related 
                        fields;
                            (ii) State, local, Tribal, or territorial 
                        government, including public health and medical 
                        preparedness and response and emergency 
                        management and other relevant public 
                        administration;
                            (iii) research regarding, or the 
                        development, manufacturing, distribution, and 
                        regulation of, medical products;
                            (iv) national security and foreign 
                        relations, including global health; and
                            (v) commerce, including transportation, 
                        supply chains, and small business.
            (4) Deadline for appointment.--All members of the Task 
        Force shall be appointed not later than 90 days after the date 
        of enactment of this Act.
            (5) Meetings.--The Task Force shall meet and begin the 
        operations of the Task Force as soon as practicable. After its 
        initial meeting, the Task Force shall meet upon the call of the 
        Chair and Vice Chair or not less than 8 of its members.
            (6) Quorum; vacancies.--
                    (A) Quorum.--Eight members of the Task Force shall 
                constitute a quorum.
                    (B) Vacancies.--Any vacancy in the Task Force shall 
                not affect its powers, but shall be filled in the same 
                manner in which the original appointment was made.
    (d) Functions of Task Force.--The functions of the Task Force are 
to--
            (1) conduct a review that--
                    (A) examines the initial outbreak of the SARS-CoV-2 
                virus in Wuhan, China, including--
                            (i) engaging with willing partner 
                        governments and global experts;
                            (ii) seeking access to relevant records; 
                        and
                            (iii) examining the potential causes of the 
                        emergence and source of the virus;
                    (B) examines the United States preparation for, and 
                response to, the COVID-19 pandemic, including--
                            (i) relevant laws, policies, regulations, 
                        and processes that were in place prior to, or 
                        put into place during, the public health 
                        emergency declared by the Secretary of Health 
                        and Human Services under section 319 of the 
                        Public Health Service Act (42 U.S.C. 247d) with 
                        respect to COVID-19, including any that are put 
                        into place related to such public health 
                        emergency after the date of enactment of this 
                        Act and prior to the issuance of the final 
                        report pursuant to subsection (j)(2);
                            (ii) relevant actions taken by, and 
                        coordination between, Federal, State, local, 
                        Tribal, and territorial governments, 
                        nongovernmental organizations, and 
                        international organizations on preparedness and 
                        response efforts, including coordination 
                        between governments and other public and 
                        private entities, during the--
                                    (I) initial response in the United 
                                States;
                                    (II) response during the Trump 
                                Administration; and
                                    (III) ongoing response during the 
                                Biden Administration;
                            (iii) communication of public health and 
                        scientific information related to the COVID-19 
                        pandemic, including processes for the 
                        development, approval, and dissemination of 
                        Federal public health and other relevant public 
                        health or scientific guidance; and
                            (iv) actions taken to support the 
                        development, manufacturing, and distribution of 
                        medical countermeasures and related medical 
                        supplies to prevent, detect, and treat COVID-
                        19; and
                    (C) may include assessments relating to--
                            (i) the capacity and capabilities of 
                        Federal, State, local, Tribal, and territorial 
                        governments to respond to the COVID-19 
                        pandemic;
                            (ii) the capacity and capabilities of 
                        health care facilities and the health care 
                        workforce to respond to the COVID-19 pandemic;
                            (iii) medical countermeasure research and 
                        development and the supply chains of medical 
                        products necessary to respond to the COVID-19 
                        pandemic;
                            (iv) international preparedness for and 
                        response to COVID-19, and Federal decision-
                        making processes related to new global health 
                        threats;
                            (v) containment and mitigation measures 
                        related to domestic and international travel in 
                        response to COVID-19; and
                            (vi) the impact of the COVID-19 pandemic 
                        and related mitigation efforts on hard-to-reach 
                        and at-risk or underserved populations, 
                        including related health disparities;
            (2) identify, review, and evaluate the lessons learned from 
        the COVID-19 pandemic, including activities to prepare for, and 
        respond to, future potential pandemics and related public 
        health emergencies; and
            (3) submit to the President and Congress such reports as 
        are required by this Act containing such findings, conclusions, 
        and recommendations as the Task Force shall determine.
    (e) Powers of Task Force.--
            (1) Hearings.--The Task Force may--
                    (A) hold such hearings and sit and act at such 
                times and places, take such testimony, receive such 
                evidence as determined by the Chair and Vice Chair, and 
                administer such oaths as the Task Force or a designated 
                member, as determined by the Chair or Vice Chair, may 
                determine advisable to be necessary to carry out the 
                functions of the Task Force; and
                    (B) subject to paragraph (2)(A), require, by 
                subpoena or otherwise, the attendance and testimony of 
                such witnesses and the production of such books, 
                records, correspondence, memoranda, papers, and 
                documents, as the person described in paragraph 
                (2)(A)(i) may determine advisable.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued 
                        under this subsection only--
                                    (I) by the agreement of the Chair 
                                and the Vice Chair; or
                                    (II) by the affirmative vote of not 
                                less than 9 members of the Task Force.
                            (ii) Signature.--Subpoenas issued under 
                        this subsection may be issued under the 
                        signature of the Chair or any member designated 
                        by a majority of the Task Force, and may be 
                        served by any person designated by the Chair or 
                        by a member designated by agreement of the 
                        majority of the Task Force.
                    (B) Enforcement.--In the case of contumacy or 
                failure to obey a subpoena issued under subsection, the 
                United States district court for the judicial district 
                in which the subpoenaed person resides, is served, or 
                may be found, or where the subpoena is returnable, may 
                issue an order requiring such person to appear at any 
                designated place to testify or to produce documentary 
                or other evidence. Any failure to obey the order of the 
                court may be punished by the court as a contempt of 
                that court.
            (3) Contracting.--The Task Force may, to such extent and in 
        such amounts as are provided in appropriation Acts, enter into 
        contracts to enable the Task Force to discharge its duties 
        under this Act.
            (4) Information from federal agencies.--
                    (A) In general.--The Task Force may access from any 
                executive department, bureau, agency, board, 
                commission, office, independent establishment, or 
                instrumentality of the Federal Government, such 
                information, documents, suggestions, estimates, and 
                statistics as the Task Force considers necessary to 
                carry out this section.
                    (B) Provision of information.--On written request 
                of the Chair, each department, bureau, agency, board, 
                commission, office, independent establishment, or 
                instrumentality shall, to the extent authorized by law, 
                provide such information to the Task Force.
                    (C) Receipt, handling, storage, and 
                dissemination.--Information shall only be received, 
                handled, stored, and disseminated by members of the 
                Task Force and its staff consistent with all applicable 
                statutes, regulations, and executive orders.
            (5) Assistance from federal agencies.--
                    (A) General services administration.--On request of 
                the Chair and Vice Chair, the Administrator of the 
                General Services Administration shall provide to the 
                Task Force, on a reimbursable basis, administrative 
                support and other assistance necessary for the Task 
                Force to carry out its duties.
                    (B) Other departments and agencies.--In addition to 
                the assistance provided for in subparagraph (A), 
                departments and agencies of the United States may 
                provide to the Task Force such assistance as such 
                departments and agencies may determine advisable and as 
                authorized by law.
            (6) Donations.--The Task Force may accept, use, and dispose 
        of gifts or donations of services or property. Not later than 5 
        days after the acceptance of a donation under this subsection, 
        the Task Force shall publicly disclose--
                    (A) the name of the entity that provided such 
                donation;
                    (B) the service or property provided through such 
                donation;
                    (C) the value of such donation; and
                    (D) how the Task Force plans to use such donation.
            (7) Postal services.--The Task Force may use the United 
        States mails in the same manner and under the same conditions 
        as a department or agency of the United States.
    (f) Applicability of Federal Advisory Committee Act.--
            (1) In general.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall apply to the Task Force.
            (2) Public meetings and release of public versions of 
        reports.--The Task Force shall--
                    (A) hold public hearings and meetings to the extent 
                appropriate; and
                    (B) release public versions of the reports required 
                under paragraphs (1) and (2) of subsection (j).
            (3) Public hearings.--Any public hearings of the Task Force 
        shall be conducted in a manner consistent with the protection 
        of information provided to or developed for or by the Task 
        Force as required by any applicable statute, regulation, or 
        Executive order.
    (g) Staff of Task Force.--
            (1) In general.--
                    (A) Appointment and compensation.--The Chair of the 
                Task Force, in agreement with the Vice Chair, in 
                accordance with rules agreed upon by the Task Force, 
                may appoint and fix the compensation of a staff 
                director and such other personnel as may be necessary 
                to enable the Task Force to carry out its functions, 
                without regard to the provisions of title 5, United 
                States Code, governing appointments in the competitive 
                service, and without regard to the provisions of 
                chapter 51 and subchapter III of chapter 53 of such 
                title relating to classification and General Schedule 
                pay rates, 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 5316 of title 5, United States Code.
                    (B) Personnel as federal employees.--
                            (i) In general.--The staff director and any 
                        personnel of the Task Force who are employees 
                        shall be employees under section 2105 of title 
                        5, United States Code, for purposes of chapters 
                        63, 81, 83, 84, 85, 87, 89, and 90 of that 
                        title.
                            (ii) Members of task force.--Clause (i) 
                        shall not be construed to apply to members of 
                        the Task Force.
            (2) Detailees.--Upon request of the Chair and Vice Chair of 
        the Task Force, the head of any executive department, bureau, 
        agency, board, commission, office, independent establishment, 
        or instrumentality of the Federal Government employee may 
        detail, without reimbursement, any of its personnel to the Task 
        Force to assist in carrying out its duties under this section. 
        Any such detailee shall be without interruption or loss of 
        civil service status or privilege.
            (3) Consultant services.--The Task Force is authorized to 
        procure the services of experts and consultants in accordance 
        with section 3109 of title 5, United States Code, but at rates 
        not to exceed the daily rate paid a person occupying a position 
        at level IV of the Executive Schedule under section 5315 of 
        title 5, United States Code.
    (h) Compensation and Travel Expenses.--Each member of the Task 
Force shall serve without compensation, but shall receive travel 
expenses, including per diem in lieu of subsistence, at rates 
authorized for an employee of an agency under subchapter I of chapter 
57 of title 5, United States Code.
    (i) Security Clearances for Task Force Members and Staff.--The 
appropriate Federal agencies or departments shall cooperate with the 
Task Force in expeditiously providing to the Task Force members and 
staff appropriate security clearances, consistent with existing 
procedures and requirements. No person shall be provided with access to 
classified information under this section without the appropriate 
security clearances.
    (j) Reports of Task Force; Termination.--
            (1) Interim report.--Not later than 180 days after the date 
        of enactment of this Act, the Task Force shall submit to the 
        President, the Committee on Health, Education, Labor, and 
        Pensions of the Senate, and the Committee on Energy and 
        Commerce of the House of Representatives an interim report 
        containing such findings, conclusions, and recommendations as 
        have been agreed to by not less than 8 members of the Task 
        Force. Such interim report shall be made available online in a 
        manner that does not compromise national security.
            (2) Final report.--
                    (A) In general.--Not later than 18 months after the 
                date on which the last member of the Task Force is 
                appointed, the Task Force shall submit to the 
                President, the Committee on Health, Education, Labor, 
                and Pensions of the Senate, and the Committee on Energy 
                and Commerce of the House of Representatives a final 
                report containing such findings, conclusions, and 
                recommendations as have been agreed to by not less than 
                8 members of the Task Force. The final report shall be 
                made available online in a manner that does not 
                compromise national security.
                    (B) Extensions.--
                            (i) In general.--The submission and 
                        publication of the final report, as described 
                        in subparagraph (A), may be delayed by 6 months 
                        upon the agreement of not less than 8 members 
                        of the Task Force.
                            (ii) Notification.--The Task Force shall 
                        notify the President, the Committee on Health, 
                        Education, Labor, and Pensions of the Senate, 
                        the Committee on Energy and Commerce of the 
                        House of Representatives, and the public of any 
                        extension granted under clause (i).
                    (C) Special rules and considerations.--
                            (i) Rule of construction.--Nothing in this 
                        subsection shall be construed as authorizing 
                        the Task Force to publicly disclose information 
                        otherwise prohibited from disclosure by law.
                            (ii) Special timing considerations.--
                        Notwithstanding any other provision of this 
                        section, the Task Force shall not publish or 
                        make available any interim or final report 
                        during the 60-day periods ending November 5, 
                        2024, and November 3, 2026.
            (3) Termination.--
                    (A) In general.--The Task Force, and all the 
                authorities of this section, shall terminate 60 days 
                after the date on which the final report is submitted 
                under paragraph (2).
                    (B) Administrative activities before termination.--
                The Task Force may use the 60-day period referred to in 
                subparagraph (A) for the purpose of concluding its 
                activities, including providing testimony to committees 
                of Congress concerning its reports and disseminating 
                the final report.
    (k) Funding.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated such sums as may be necessary to carry out 
        this Act.
            (2) Duration of availability.--Amounts made available to 
        the Task Force under paragraph (1) shall remain available until 
        the termination of the Task Force.
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