I 

116TH CONGRESS 

2D SESSION H. R. 8358 

To establish the Commission on the Coronavirus Pandemic in the United 

States. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2020 

Mr. MALINOWSKI (for himself and Mr. DIAZ-BALART) introduced the following 

bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To establish the Commission on the Coronavirus Pandemic 

in the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Coronavirus 

5 Commission Act of 2020’’. 

6 SEC. 2. ESTABLISHMENT OF COMMISSION. 

7 There is established in the legislative branch the 

8 Commission on the Coronavirus Pandemic in the United 

9 States (referred to in this Act as the ‘‘Commission’’). 


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1 SEC. 3. PURPOSES. 

2 The purposes of the Commission are to— 

3 (1) examine and report upon the facts and the 

4 causes relating to the emergence and spread of the 

5 2019 novel coronavirus disease (referred to in this 

6 Act as ‘‘COVID–19’’) pandemic in the United 

7 States; 

8 (2) make a full and complete accounting of the 

9 United States preparedness for, and response to, the 

10 COVID–19 pandemic, to include investigating and 

11 reporting on the preparedness and response of the 

12 United States in terms of— 

13 (A) medical intelligence and information 

14 gathering; 

15 (B) communication and information shar16 ing by the Federal Government with foreign 

17 governments and private sector, nongovern18 mental, and international public health organi19 zations regarding public health threats, includ20 ing early warning, detection, and prevention 

21 and response measures; 

22 (C) interagency communication and infor23 mation sharing regarding health threats and 

24 pandemic response, including among the na25 tional security agencies, public health agencies, 


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1 and State, local, Tribal, and territorial govern2 ments; 

3 (D) public health monitoring and testing 

4 capabilities; 

5 (E) availability of medical equipment and 

6 supplies, including supply chain vulnerabilities, 

7 the prioritization and distribution of medical 

8 equipment and supplies by government and pri9 vate actors, and the operation of government10 maintained stockpiles; 

11 (F) hospital preparedness; 

12 (G) emergency management; 

13 (H) military engagement, including the 

14 National Guard Bureau; 

15 (I) contributions and adherence to sci16 entific research, including supporting and co17 ordinating global research on diagnostics, vac18 cines, and treatments; 

19 (J) coordination and distribution of re20 sources between the Federal Government and 

21 State, local, Tribal, and territorial governments; 

22 (K) prison, jail, and immigration detention 

23 center preparedness; 

24 (L) health and economic impacts on under25 served communities, rural populations, racial 


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1 and ethnic minority populations, older adults, 

2 and all other populations with known health 

3 disparities, which may include— 

4 (i) immigrant populations; 

5 (ii) lesbian, gay, bisexual, 

6 transgender, and queer individuals; 

7 (iii) people with disabilities; 

8 (iv) American Indian, Alaska Native, 

9 and Native Hawaiian populations; and 

10 (v) residents of territories of the 

11 United States; 

12 (M) economic relief, including— 

13 (i) loan, grant, and other financial as14 sistance; 

15 (ii) unemployment insurance com16 pensation; 

17 (iii) tax deferment; 

18 (iv) direct payments; and 

19 (v) eviction and foreclosure relief; 

20 (N) impacts on elementary and secondary 

21 education and higher education and evaluation 

22 of mitigation strategies to support student en23 gagement and achievement; 


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1 (O) impacts on nursing homes, assisted liv2 ing facilities, and other congregate care set3 tings; 

4 (P) Federal guidance, assistance, and man5 dates for State, local, Tribal, and territorial 

6 governments; 

7 (Q) State, local, Tribal, and territorial gov8 ernment preparedness and response, which may 

9 include— 

10 (i) State, local, Tribal, and territorial 

11 government preparedness and response in 

12 relation to Federal guidance, assistance, 

13 and mandates; 

14 (ii) imposition, implementation, and 

15 efficacy of stay-at-home orders and other 

16 orders or recommendations to contain the 

17 spread of COVID–19; 

18 (iii) emergency management; 

19 (iv) interagency coordination and com20 munication; 

21 (v) regional coordination; 

22 (vi) public health monitoring and test23 ing; and 

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1 pitals, congregate care settings, schools, 

2 prisons, jails, and the State, local, Tribal, 

3 and territorial populations in general; and 

4 (R) other areas as determined relevant and 

5 appropriate by the Commission (by agreement 

6 of the chair and vice chair of the Commission); 

7 and 

8 (3) investigate and report to the President and 

9 Congress on its findings, conclusions, and rec10 ommendations to improve the ability of the Federal 

11 Government, State, local, Tribal, and territorial gov12 ernments, and the private sector to— 

13 (A) prevent, respond to, and prepare for 

14 future epidemics and pandemics, whether natu15 rally occurring or caused by State or non-State 

16 actors; and 

17 (B) if needed, mitigate the human, eco18 nomic, and security costs of future epidemics 

19 and pandemics. 

20 SEC. 4. COMPOSITION OF THE COMMISSION. 

21 (a) MEMBERS.—The Commission shall be comprised 

22 of 10 members, of whom— 

23 (1) 1 member shall be appointed by the Presi24 dent, who shall serve as the chair of the Commis25 sion; 


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1 (2) 1 member shall— 

2 (A) be appointed by the leader of the Sen3 ate who represents the major political party 

4 that the President does not represent, in con5 sultation with the leader of the House of Rep6 resentatives from the same political party; and 

7 (B) serve as the vice chair of the Commis8 sion; 

9 (3) 2 members shall be appointed by the senior 

10 member of the Senate leadership of the Democratic 

11 Party; 

12 (4) 2 members shall be appointed by the senior 

13 member of the Senate leadership of the Republican 

14 Party; 

15 (5) 2 members shall be appointed by the senior 

16 member of the leadership of the House of Represent17 atives of the Republican Party; and 

18 (6) 2 members shall be appointed by the senior 

19 member of the leadership of the House of Represent20 atives of the Democratic Party. 

21 (b) QUALIFICATIONS.— 

22 (1) POLITICAL PARTY AFFILIATION.—Not more 

23 than 5 members of the Commission shall be from 

24 the same political party. 


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1 (2) NONGOVERNMENTAL APPOINTEES.—An in2 dividual appointed to the Commission shall not— 

3 (A) be an officer or employee of the Fed4 eral Government or any State, local, Tribal, or 

5 territorial government; or 

6 (B) have held a position in any agency, of7 fice, or other establishment in the executive, 

8 legislative, or judicial branch of the Federal 

9 Government, the functions and duties of which 

10 included planning, coordinating, or imple11 menting any aspect of the Federal Government 

12 response to the public health emergency de13 clared by the Secretary of Health and Human 

14 Services under section 319 of the Public Health 

15 Service Act (42 U.S.C. 247d) on January 31, 

16 2020, with respect to COVID–19, including a 

17 position that required the individual holding the 

18 position to attend meetings relating to that re19 sponse. 

20 (3) ETHICS AND CONFLICTS REPORT.—The 

21 Commission shall hire an ethics counsel, and not 

22 later than 30 days after the initial meeting of the 

23 Commission, the ethics counsel shall submit to the 

24 relevant committees of Congress a detailed plan for 

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1 flicts of interest by any member of the Commission, 

2 including of an ethical, financial, or personal nature, 

3 or that could lead a reasonable person to conclude 

4 a conflict may exist. 

5 (4) OTHER QUALIFICATIONS.— 

6 (A) GOVERNORS, PUBLIC HEALTH EX7 PERTS, AND ECONOMIC POLICY EXPERTS.—In 

8 appointing members to the Commission, the ap9 pointing individuals described in subsection (a) 

10 of the same political party shall coordinate to 

11 ensure that the members appointed by each po12 litical party include— 

13 (i) at least 1 former governor of a 

14 State; 

15 (ii) at least 1 public health expert; 

16 and 

17 (iii) at least 1 economic policy expert. 

18 (B) SENSE OF CONGRESS.—It is the sense 

19 of Congress that individuals appointed to the 

20 Commission should be prominent United States 

21 citizens, with national recognition and signifi22 cant depth of experience in such professions as 

23 governmental service, public health, scientific 

24 research, public administration, intelligence 


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1 gathering, commerce, national security, and for2 eign affairs. 

3 (5) TIMELINE FOR APPOINTMENT.—All mem4 bers of the Commission shall be appointed not later 

5 than 30 days after the date of the expiration of the 

6 public health emergency declared by the Secretary of 

7 Health and Human Services under section 319 of 

8 the Public Health Service Act (42 U.S.C. 247d) on 

9 January 31, 2020, with respect to COVID–19, and 

10 not earlier than such date of expiration. 

11 (6) VACANCIES.—Any vacancy in the Commis12 sion shall not affect its powers, but shall be filled in 

13 the same manner in which the original appointment 

14 was made. 

15 (c) MEETINGS.— 

16 (1) INITIAL MEETING.—The Commission shall 

17 meet and begin the operations of the Commission 

18 within 45 days after the appointment of all Commis19 sion members. 

20 (2) ADDITIONAL MEETINGS.—After the initial 

21 meeting of the Commission, the Commission shall 

22 meet upon the call of the chair or a majority of the 

23 members of the Commission. 

24 (3) QUORUM.—Six members of the Commission 

25 shall constitute a quorum. 


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1 SEC. 5. FUNCTIONS OF THE COMMISSION. 

2 The functions of the Commission are to— 

3 (1) conduct an investigation that— 

4 (A) addresses the purposes described in 

5 section 3; 

6 (B) investigates relevant facts and cir7 cumstances relating to the emergence and 

8 spread of COVID–19 in the United States, and 

9 the response to the COVID–19 pandemic by the 

10 Federal Government and, as appropriate, State, 

11 Tribal, territorial, and local governments, in12 cluding any relevant legislation, Executive 

13 order, regulation, plan, policy, practice, or pro14 cedure; 

15 (C) may include relevant facts and cir16 cumstances relating to— 

17 (i) public health agencies; 

18 (ii) health care agencies; 

19 (iii) financial and labor agencies; 

20 (iv) intelligence agencies; 

21 (v) defense and national security 

22 agencies; 

23 (vi) diplomacy and development agen24 cies; 

25 (vii) White House offices and councils; 

26 (viii) private sector organizations; 


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1 (ix) scientific research; 

2 (x) pandemic preparedness and re3 sponse; 

4 (xi) vaccine, diagnostic, and thera5 peutics research and development; 

6 (xii) underserved populations, older 

7 adults, and all populations facing health 

8 disparities; 

9 (xiii) immigration and border control; 

10 (xiv) international trade and supply 

11 chains; 

12 (xv) the role of congressional and 

13 State government oversight and resource 

14 allocation; and 

15 (xvi) other areas of the public and pri16 vate sectors determined relevant by the 

17 Commission for its inquiry; 

18 (2) identify, review, and evaluate the lessons 

19 learned from the COVID–19 pandemic regarding the 

20 structure, coordination, management policies, and 

21 procedures of the Federal Government and State, 

22 local, Tribal, and territorial governments and non23 governmental entities, relative to detecting, pre24 venting, and responding to epidemics and 


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1 pandemics, whether naturally occurring or caused by 

2 State or non-State actors; and 

3 (3) submit to the President and Congress such 

4 reports as are required by this Act containing such 

5 findings, conclusions, and legislative, regulatory, and 

6 policy recommendations as the Commission shall de7 termine, including proposing organization, coordina8 tion, planning, management arrangements, proce9 dures, rules, and regulations. 

10 SEC. 6. POWERS OF THE COMMISSION. 

11 (a) IN GENERAL.— 

12 (1) HEARINGS AND EVIDENCE.—The Commis13 sion or, on the authority of the Commission, any 

14 subcommittee or member thereof, may, for the pur15 pose of carrying out this Act— 

16 (A) hold such hearings, sit and act at such 

17 times and places, take such testimony, receive 

18 such evidence, and administer such oaths as the 

19 Commission or such designated subcommittee 

20 or designated member may determine advisable; 

21 and 

22 (B) subject to paragraph (2)(A), require, 

23 by subpoena or otherwise, the attendance and 

24 testimony of such witnesses and the production 

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1 randa, papers, and documents, as the Commis2 sion or such designated subcommittee or des3 ignated member may determine advisable. 

4 (2) SUBPOENAS.— 

5 (A) ISSUANCE.— 

6 (i) IN GENERAL.—A subpoena may be 

7 issued under this subsection only— 

8 (I) by the agreement of the chair 

9 and the vice chair; or 

10 (II) by the affirmative vote of 6 

11 members of the Commission. 

12 (ii) SIGNATURE.—Subject to clause 

13 (i), subpoenas issued under this subsection 

14 may be issued under the signature of the 

15 chair or any member designated by a ma16 jority of the Commission, and may be 

17 served by any person designated by the 

18 chair or by a member designated by a ma19 jority of the Commission. 

20 (B) ENFORCEMENT.— 

21 (i) IN GENERAL.—In the case of con22 tumacy or failure to obey a subpoena 

23 issued under this subsection, the United 

24 States district court for the judicial district 

25 in which the subpoenaed person resides, is 


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1 served, or may be found, or where the sub2 poena is returnable, may issue an order re3 quiring such person to appear at any des4 ignated place to testify or to produce docu5 mentary or other evidence. Any failure to 

6 obey the order of the court may be pun7 ished by the court as a contempt of that 

8 court. 

9 (ii) ADDITIONAL ENFORCEMENT.—In 

10 the case of any failure of any witness to 

11 comply with any subpoena or to testify 

12 when summoned under authority of this 

13 section, the Commission may, by majority 

14 vote, certify a statement of fact consti15 tuting such failure to the appropriate 

16 United States attorney, who may bring the 

17 matter before the grand jury for its action, 

18 under the same statutory authority and 

19 procedures as if the United States attorney 

20 had received a certification under sections 

21 102 through 104 of the Revised Statutes 

22 of the United States (2 U.S.C. 192 

23 through 194). 

24 (b) CONTRACTING.—The Commission may, to such 

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1 tion Acts, enter into contracts to enable the Commission 

2 to discharge its duties under this Act. 

3 (c) INFORMATION FROM FEDERAL AGENCIES.— 

4 (1) IN GENERAL.—The Commission is author5 ized to secure directly from any executive depart6 ment, bureau, agency, board, commission, office, 

7 independent establishment, or instrumentality of the 

8 Government, information, suggestions, estimates, 

9 and statistics for the purposes of this Act. Notwith10 standing any other law or any assertion of privilege, 

11 each department, bureau, agency, board, commis12 sion, office, independent establishment, or instru13 mentality shall furnish, without redaction, such 

14 records, information, suggestions, estimates, and 

15 statistics directly to the Commission, upon request 

16 made by the chair, the chair of any subcommittee 

17 created by a majority of the Commission, or any 

18 member designated by a majority of the Commis19 sion. 

20 (2) RECEIPT, HANDLING, STORAGE, AND DIS21 SEMINATION.—Information shall only be received, 

22 handled, stored, and disseminated by members of 

23 the Commission and its staff consistent with all ap24 plicable statutes, regulations, and Executive orders. 

25 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 


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1 (1) GENERAL SERVICES ADMINISTRATION.— 

2 The Administrator of General Services shall provide 

3 to the Commission on a reimbursable basis adminis4 trative support and other services for the perform5 ance of the Commission’s functions. 

6 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

7 addition to the assistance prescribed in paragraph 

8 (1), departments and agencies of the United States 

9 may provide to the Commission such services, funds, 

10 facilities, staff, and other support services as the de11 partments and agencies may determine advisable 

12 and as may be authorized by law. 

13 (e) GIFTS.—The Commission may accept, use, and 

14 dispose of gifts or donations of services or property. 

15 (f) POSTAL SERVICES.—The Commission may use 

16 the United States mails in the same manner and under 

17 the same conditions as departments and agencies of the 

18 United States. 

19 SEC. 7. NONAPPLICABILITY OF THE FEDERAL ADVISORY 

20 COMMISSION ACT. 

21 (a) IN GENERAL.—The Federal Advisory Committee 

22 Act (5 U.S.C. App.) shall not apply to the Commission. 

23 (b) PUBLIC MEETINGS AND RELEASE OF PUBLIC

24 VERSIONS OF REPORTS.—The Commission shall— 


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1 (1) hold public hearings and meetings to the ex2 tent appropriate; and 

3 (2) release public versions of the reports re4 quired under subsections (a) and (b) of section 12. 

5 (c) PUBLIC HEARINGS.—Any public hearings of the 

6 Commission shall be conducted in a manner consistent 

7 with the protection of information provided to or developed 

8 for or by the Commission as required by any applicable 

9 statute, regulation, or Executive order. 

10 SEC. 8. RECORD RETENTION. 

11 (a) COMMISSION RECORDS.—The Commission 

12 shall— 

13 (1) preserve the records and documents of the 

14 Commission; and 

15 (2) make such records and documents available 

16 to the National Archives not later than 120 days fol17 lowing the submission of the Commission’s final re18 port. 

19 (b) FUTURE ACCESS.—Following the termination of 

20 the Commission, the Secretary of the Senate shall be re21 sponsible for facilitating access to the publicly available 

22 records and documents of the Commission, as if they were 

23 Senate records, for researchers, interested parties, and the 

24 general public. 


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1 (c) OFFICIAL ELECTRONIC ACCOUNTS FOR COMMIS2 SION BUSINESS.—When conducting any Commission busi3 ness on electronic accounts, members and staff of the 

4 Commission shall use official Commission electronic ac5 counts. 

6 SEC. 9. STAFF OF THE COMMISSION. 

7 (a) IN GENERAL.— 

8 (1) APPOINTMENT AND COMPENSATION.—The 

9 chair, in consultation with the vice chair and in ac10 cordance with rules agreed upon by the Commission, 

11 may appoint and fix the compensation of a staff di12 rector and such other personnel as may be necessary 

13 to enable the Commission to carry out its functions, 

14 without regard to the provisions of title 5, United 

15 States Code, governing appointments in the competi16 tive service, and without regard to the provisions of 

17 chapter 51 and subchapter III of chapter 53 of such 

18 title relating to classification and General Schedule 

19 pay rates, except that no rate of pay fixed under this 

20 subsection may exceed the equivalent of that payable 

21 for a position at level V of the Executive Schedule 

22 under section 5316 of such title. 

23 (2) PERSONNEL AS FEDERAL EMPLOYEES.— 

24 (A) IN GENERAL.—The staff director and 

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1 ployees shall be employees under section 2105 

2 of title 5, United States Code, for purposes of 

3 chapters 63, 81, 83, 84, 85, 87, 89, and 90 of 

4 that title. 

5 (B) MEMBERS OF COMMISSION.—Subpara6 graph (A) shall not be construed to apply to 

7 members of the Commission. 

8 (b) DETAILEES.—Any Federal Government employee 

9 may be detailed to the Commission without reimbursement 

10 from the Commission, and such detailee shall retain the 

11 rights, status, and privileges of his or her regular employ12 ment without interruption. 

13 (c) CONSULTANT SERVICES.—The Commission is au14 thorized to procure the services of experts and consultants 

15 in accordance with section 3109 of title 5, United States 

16 Code, but at rates not to exceed the daily rate paid a per17 son occupying a position at level IV of the Executive 

18 Schedule under section 5315 of title 5, United States 

19 Code. 

20 SEC. 10. COMPENSATION AND TRAVEL EXPENSES. 

21 (a) COMPENSATION.—Each member of the Commis22 sion may be compensated at not to exceed the daily equiva23 lent of the annual rate of basic pay in effect for a position 

24 at level IV of the Executive Schedule under section 5315 

25 of title 5, United States Code, for each day during which 


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1 that member is engaged in the actual performance of the 

2 duties of the Commission. 

3 (b) TRAVEL EXPENSES.—While away from their 

4 homes or regular places of business in the performance 

5 of services for the Commission, members of the Commis6 sion shall be allowed travel expenses, including per diem 

7 in lieu of subsistence, in the same manner as persons em8 ployed intermittently in the Government service are al9 lowed expenses under section 5703 of title 5, United 

10 States Code. 

11 SEC. 11. SECURITY CLEARANCES FOR COMMISSION MEM12 BERS AND STAFF. 

13 The appropriate Federal agencies or departments 

14 shall cooperate with the Commission in expeditiously pro15 viding to the Commission members and staff appropriate 

16 security clearances to the extent possible pursuant to ex17 isting procedures and requirements, except that no person 

18 shall be provided with access to classified information 

19 under this Act without the appropriate security clearances. 

20 SEC. 12. REPORTS OF THE COMMISSION; TERMINATION. 

21 (a) INTERIM REPORTS.—The Commission may sub22 mit to the President and Congress interim reports con23 taining such findings, conclusions, and recommendations 

24 for corrective measures as have been agreed to by a major25 ity of Commission members. 


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1 (b) FINAL REPORT.—Not later than 18 months after 

2 the date of appointment of all members of the Commis3 sion, the Commission shall submit to the President and 

4 Congress a final report containing such findings, conclu5 sions, and recommendations for corrective measures as 

6 have been agreed to by a majority of Commission mem7 bers. The final report shall simultaneously be made pub8 licly available on an internet website. 

9 (c) EXTENSIONS.—The submission and publication of 

10 the final report, as described in subsection (b), may be 

11 delayed by 90 days upon the agreement of not fewer than 

12 6 members of the Commission. The Commission may 

13 make not more than 3 90-day extensions. The Commission 

14 shall notify the President, Congress, and the public of 

15 each such extension. 

16 (d) TERMINATION.— 

17 (1) IN GENERAL.—The Commission, and all the 

18 authorities of this Act, shall terminate 120 days 

19 after the date on which the final report is submitted 

20 under subsection (b). 

21 (2) ADMINISTRATIVE ACTIVITIES BEFORE TER22 MINATION.—The Commission may use the 120-day 

23 period referred to in paragraph (1) for the purpose 

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1 mony to committees of Congress concerning its re2 ports and disseminating the final report. 

3 SEC. 13. FUNDING. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to carry out this Act 

6 $50,000,000. 

7 (b) DURATION OF AVAILABILITY.—Amounts made 

8 available to the Commission under subsection (a) shall re9 main available until the termination of the Commission. 

Æ 


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