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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8358 Introduced in House (IH)]

<DOC>

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.

    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 Coronavirus Commission Act 
of 2020''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch the Commission on 
the Coronavirus Pandemic in the United States (referred to in this Act 
as the ``Commission'').

SEC. 3. PURPOSES.

    The purposes of the Commission are to--
            (1) examine and report upon the facts and the causes 
        relating to the emergence and spread of the 2019 novel 
        coronavirus disease (referred to in this Act as ``COVID-19'') 
        pandemic in the United States;
            (2) make a full and complete accounting of the United 
        States preparedness for, and response to, the COVID-19 
        pandemic, to include investigating and reporting on the 
        preparedness and response of the United States in terms of--
                    (A) medical intelligence and information gathering;
                    (B) communication and information sharing by the 
                Federal Government with foreign governments and private 
                sector, nongovernmental, and international public 
                health organizations regarding public health threats, 
                including early warning, detection, and prevention and 
                response measures;
                    (C) interagency communication and information 
                sharing regarding health threats and pandemic response, 
                including among the national security agencies, public 
                health agencies, and State, local, Tribal, and 
                territorial governments;
                    (D) public health monitoring and testing 
                capabilities;
                    (E) availability of medical equipment and supplies, 
                including supply chain vulnerabilities, the 
                prioritization and distribution of medical equipment 
                and supplies by government and private actors, and the 
                operation of government-maintained stockpiles;
                    (F) hospital preparedness;
                    (G) emergency management;
                    (H) military engagement, including the National 
                Guard Bureau;
                    (I) contributions and adherence to scientific 
                research, including supporting and coordinating global 
                research on diagnostics, vaccines, and treatments;
                    (J) coordination and distribution of resources 
                between the Federal Government and State, local, 
                Tribal, and territorial governments;
                    (K) prison, jail, and immigration detention center 
                preparedness;
                    (L) health and economic impacts on underserved 
                communities, rural populations, racial and ethnic 
                minority populations, older adults, and all other 
                populations with known health disparities, which may 
                include--
                            (i) immigrant populations;
                            (ii) lesbian, gay, bisexual, transgender, 
                        and queer individuals;
                            (iii) people with disabilities;
                            (iv) American Indian, Alaska Native, and 
                        Native Hawaiian populations; and
                            (v) residents of territories of the United 
                        States;
                    (M) economic relief, including--
                            (i) loan, grant, and other financial 
                        assistance;
                            (ii) unemployment insurance compensation;
                            (iii) tax deferment;
                            (iv) direct payments; and
                            (v) eviction and foreclosure relief;
                    (N) impacts on elementary and secondary education 
                and higher education and evaluation of mitigation 
                strategies to support student engagement and 
                achievement;
                    (O) impacts on nursing homes, assisted living 
                facilities, and other congregate care settings;
                    (P) Federal guidance, assistance, and mandates for 
                State, local, Tribal, and territorial governments;
                    (Q) State, local, Tribal, and territorial 
                government preparedness and response, which may 
                include--
                            (i) State, local, Tribal, and territorial 
                        government preparedness and response in 
                        relation to Federal guidance, assistance, and 
                        mandates;
                            (ii) imposition, implementation, and 
                        efficacy of stay-at-home orders and other 
                        orders or recommendations to contain the spread 
                        of COVID-19;
                            (iii) emergency management;
                            (iv) interagency coordination and 
                        communication;
                            (v) regional coordination;
                            (vi) public health monitoring and testing; 
                        and
                            (vii) all other preparedness and response 
                        policies and actions affecting hospitals, 
                        congregate care settings, schools, prisons, 
                        jails, and the State, local, Tribal, and 
                        territorial populations in general; and
                    (R) other areas as determined relevant and 
                appropriate by the Commission (by agreement of the 
                chair and vice chair of the Commission); and
            (3) investigate and report to the President and Congress on 
        its findings, conclusions, and recommendations to improve the 
        ability of the Federal Government, State, local, Tribal, and 
        territorial governments, and the private sector to--
                    (A) prevent, respond to, and prepare for future 
                epidemics and pandemics, whether naturally occurring or 
                caused by State or non-State actors; and
                    (B) if needed, mitigate the human, economic, and 
                security costs of future epidemics and pandemics.

SEC. 4. COMPOSITION OF THE COMMISSION.

    (a) Members.--The Commission shall be comprised of 10 members, of 
whom--
            (1) 1 member shall be appointed by the President, who shall 
        serve as the chair of the Commission;
            (2) 1 member shall--
                    (A) be appointed by the leader of the Senate who 
                represents the major political party that the President 
                does not represent, in consultation with the leader of 
                the House of Representatives from the same political 
                party; and
                    (B) serve as the vice chair of the Commission;
            (3) 2 members shall be appointed by the senior member of 
        the Senate leadership of the Democratic Party;
            (4) 2 members shall be appointed by the senior member of 
        the Senate leadership of the Republican Party;
            (5) 2 members shall be appointed by the senior member of 
        the leadership of the House of Representatives of the 
        Republican Party; and
            (6) 2 members shall be appointed by the senior member of 
        the leadership of the House of Representatives of the 
        Democratic Party.
    (b) Qualifications.--
            (1) Political party affiliation.--Not more than 5 members 
        of the Commission shall be from the same political party.
            (2) Nongovernmental appointees.--An individual appointed to 
        the Commission shall not--
                    (A) be an officer or employee of the Federal 
                Government or any State, local, Tribal, or territorial 
                government; or
                    (B) have held a position in any agency, office, or 
                other establishment in the executive, legislative, or 
                judicial branch of the Federal Government, the 
                functions and duties of which included planning, 
                coordinating, 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 319 of the Public Health Service Act (42 
                U.S.C. 247d) on January 31, 2020, with respect to 
                COVID-19, including a position that required the 
                individual holding the position to attend meetings 
                relating to that response.
            (3) Ethics and conflicts report.--The Commission shall hire 
        an ethics counsel, and not later than 30 days after the initial 
        meeting of the Commission, the ethics counsel shall submit to 
        the relevant committees of Congress a detailed plan for 
        identifying and resolving potential and actual conflicts of 
        interest by any member of the Commission, including of an 
        ethical, financial, or personal nature, or that could lead a 
        reasonable person to conclude a conflict may exist.
            (4) Other qualifications.--
                    (A) Governors, public health experts, and economic 
                policy experts.--In appointing members to the 
                Commission, the appointing individuals described in 
                subsection (a) of the same political party shall 
                coordinate to ensure that the members appointed by each 
                political party include--
                            (i) at least 1 former governor of a State;
                            (ii) at least 1 public health expert; and
                            (iii) at least 1 economic policy expert.
                    (B) Sense of congress.--It is the sense of Congress 
                that individuals appointed to the Commission should be 
                prominent United States citizens, with national 
                recognition and significant depth of experience in such 
                professions as governmental service, public health, 
                scientific research, public administration, 
                intelligence gathering, commerce, national security, 
                and foreign affairs.
            (5) Timeline for appointment.--All members of the 
        Commission shall be appointed not later than 30 days after the 
        date of the expiration of 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) on January 
        31, 2020, with respect to COVID-19, and not earlier than such 
        date of expiration.
            (6) Vacancies.--Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made.
    (c) Meetings.--
            (1) Initial meeting.--The Commission shall meet and begin 
        the operations of the Commission within 45 days after the 
        appointment of all Commission members.
            (2) Additional meetings.--After the initial meeting of the 
        Commission, the Commission shall meet upon the call of the 
        chair or a majority of the members of the Commission.
            (3) Quorum.--Six members of the Commission shall constitute 
        a quorum.

SEC. 5. FUNCTIONS OF THE COMMISSION.

    The functions of the Commission are to--
            (1) conduct an investigation that--
                    (A) addresses the purposes described in section 3;
                    (B) investigates relevant facts and circumstances 
                relating to the emergence and spread of COVID-19 in the 
                United States, and the response to the COVID-19 
                pandemic by the Federal Government and, as appropriate, 
                State, Tribal, territorial, and local governments, 
                including any relevant legislation, Executive order, 
                regulation, plan, policy, practice, or procedure;
                    (C) may include relevant facts and circumstances 
                relating to--
                            (i) public health agencies;
                            (ii) health care agencies;
                            (iii) financial and labor agencies;
                            (iv) intelligence agencies;
                            (v) defense and national security agencies;
                            (vi) diplomacy and development agencies;
                            (vii) White House offices and councils;
                            (viii) private sector organizations;
                            (ix) scientific research;
                            (x) pandemic preparedness and response;
                            (xi) vaccine, diagnostic, and therapeutics 
                        research and development;
                            (xii) underserved populations, older 
                        adults, and all populations facing health 
                        disparities;
                            (xiii) immigration and border control;
                            (xiv) international trade and supply 
                        chains;
                            (xv) the role of congressional and State 
                        government oversight and resource allocation; 
                        and
                            (xvi) other areas of the public and private 
                        sectors determined relevant by the Commission 
                        for its inquiry;
            (2) identify, review, and evaluate the lessons learned from 
        the COVID-19 pandemic regarding the structure, coordination, 
        management policies, and procedures of the Federal Government 
        and State, local, Tribal, and territorial governments and 
        nongovernmental entities, relative to detecting, preventing, 
        and responding to epidemics and pandemics, whether naturally 
        occurring or caused by State or non-State actors; and
            (3) submit to the President and Congress such reports as 
        are required by this Act containing such findings, conclusions, 
        and legislative, regulatory, and policy recommendations as the 
        Commission shall determine, including proposing organization, 
        coordination, planning, management arrangements, procedures, 
        rules, and regulations.

SEC. 6. POWERS OF THE COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, any subcommittee or member 
        thereof, may, for the purpose of carrying out this Act--
                    (A) hold such hearings, sit and act at such times 
                and places, take such testimony, receive such evidence, 
                and administer such oaths as the Commission or such 
                designated subcommittee or designated member may 
                determine advisable; 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 Commission or such designated 
                subcommittee or designated member 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 6 
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i), 
                        subpoenas issued under this subsection may be 
                        issued under the signature of the chair or any 
                        member designated by a majority of the 
                        Commission, and may be served by any person 
                        designated by the chair or by a member 
                        designated by a majority of the Commission.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        or failure to obey a subpoena issued under this 
                        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.
                            (ii) 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 section, the Commission may, 
                        by majority vote, certify a statement of fact 
                        constituting such failure to the appropriate 
                        United States attorney, who may bring the 
                        matter before the grand jury for its action, 
                        under the same statutory authority and 
                        procedures as if the United States attorney had 
                        received a certification under sections 102 
                        through 104 of the Revised Statutes of the 
                        United States (2 U.S.C. 192 through 194).
    (b) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Commission to discharge its duties under this Act.
    (c) Information From Federal Agencies.--
            (1) In general.--The Commission is authorized to secure 
        directly from any executive department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality of the Government, information, suggestions, 
        estimates, and statistics for the purposes of this Act. 
        Notwithstanding any other law or any assertion of privilege, 
        each department, bureau, agency, board, commission, office, 
        independent establishment, or instrumentality shall furnish, 
        without redaction, such records, information, suggestions, 
        estimates, and statistics directly to the Commission, upon 
        request made by the chair, the chair of any subcommittee 
        created by a majority of the Commission, or any member 
        designated by a majority of the Commission.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by members of the Commission and its staff 
        consistent with all applicable statutes, regulations, and 
        Executive orders.
    (d) Assistance From Federal Agencies.--
            (1) 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 functions.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and 
        agencies of the United States may provide to the Commission 
        such services, funds, facilities, staff, and other support 
        services as the departments and agencies may determine 
        advisable and as may be authorized by law.
    (e) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (f) 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 States.

SEC. 7. NONAPPLICABILITY OF THE FEDERAL ADVISORY COMMISSION ACT.

    (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Commission.
    (b) Public Meetings and Release of Public Versions of Reports.--The 
Commission shall--
            (1) hold public hearings and meetings to the extent 
        appropriate; and
            (2) release public versions of the reports required under 
        subsections (a) and (b) of section 12.
    (c) 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 statute, regulation, or Executive order.

SEC. 8. RECORD RETENTION.

    (a) Commission Records.--The Commission shall--
            (1) preserve the records and documents of the Commission; 
        and
            (2) make such records and documents available to the 
        National Archives not later than 120 days following the 
        submission of the Commission's final report.
    (b) Future Access.--Following the termination of the Commission, 
the Secretary of the Senate shall be responsible for facilitating 
access to the publicly available records and documents of the 
Commission, as if they were Senate records, for researchers, interested 
parties, and the general public.
    (c) Official Electronic Accounts for Commission Business.--When 
conducting any Commission business on electronic accounts, members and 
staff of the Commission shall use official Commission electronic 
accounts.

SEC. 9. STAFF OF THE COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--The chair, in 
        consultation with the vice chair and in accordance with rules 
        agreed upon by the Commission, 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 
        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 such title.
            (2) Personnel as federal employees.--
                    (A) In general.--The staff director and any 
                personnel of the Commission 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.
                    (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to members of the Commission.
    (b) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of his or her 
regular employment without interruption.
    (c) Consultant Services.--The Commission 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.

SEC. 10. COMPENSATION AND TRAVEL EXPENSES.

    (a) 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 5315 of title 5, United States Code, for each day during which 
that member is engaged in the actual performance of the duties of the 
Commission.
    (b) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the Commission, members 
of the Commission shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703 of title 5, United States Code.

SEC. 11. 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 requirements, except that 
no person shall be provided with access to classified information under 
this Act without the appropriate security clearances.

SEC. 12. REPORTS OF THE COMMISSION; TERMINATION.

    (a) Interim Reports.--The Commission may submit to the President 
and Congress interim reports containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of Commission members.
    (b) Final Report.--Not later than 18 months after the date of 
appointment of all members of the Commission, the Commission shall 
submit to the President and Congress a final report containing such 
findings, conclusions, and recommendations for corrective measures as 
have been agreed to by a majority of Commission members. The final 
report shall simultaneously be made publicly available on an internet 
website.
    (c) Extensions.--The submission and publication of the final 
report, as described in subsection (b), may be delayed by 90 days upon 
the agreement of not fewer than 6 members of the Commission. The 
Commission may make not more than 3 90-day extensions. The Commission 
shall notify the President, Congress, and the public of each such 
extension.
    (d) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        this Act, shall terminate 120 days after the date on which the 
        final report is submitted under subsection (b).
            (2) Administrative activities before termination.--The 
        Commission may use the 120-day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        reports and disseminating the final report.

SEC. 13. FUNDING.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this Act $50,000,000.
    (b) Duration of Availability.--Amounts made available to the 
Commission under subsection (a) shall remain available until the 
termination of the Commission.
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