I 
117TH CONGRESS 
1ST SESSION H. R. 1306 
To establish the Commission on the Coronavirus Pandemic in the United 
States. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 24, 2021 
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 Representa-
tives 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 2021’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) 
COVID–19.—The 
term 
‘‘COVID–19’’ 
means the 2019 novel coronavirus disease. 
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(2) RELEVANT COMMITTEES OF CONGRESS.— 
The term ‘‘relevant committees of Congress’’— 
(A) means all committees for which infor-
mation in the report or plan being provided 
might be relevant; and 
(B) includes, at a minimum— 
(i) the Committee on Health, Edu-
cation, Labor, and Pensions, the Com-
mittee on Finance, the Committee on For-
eign Relations, the Committee on Banking, 
Housing, and Urban Affairs, the Com-
mittee on Homeland Security and Govern-
mental Affairs, the Committee on Appro-
priations, and the Select Committee on In-
telligence of the Senate; and 
(ii) the Committee on Energy and 
Commerce, the Committee on Ways and 
Means, the Committee on Foreign Affairs, 
the Committee on Oversight and Reform, 
the Committee on Homeland Security, the 
Committee on Appropriations, and the 
Permanent Select Committee on Intel-
ligence of the House of Representatives. 
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SEC. 3. 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. 4. PURPOSES. 
The purposes of the Commission are to— 
(1) examine and report on the facts and the 
causes relating to the COVID–19 pandemic in the 
United States, which may include investigating and 
reporting on— 
(A) the origins of COVID–19; and 
(B) the spread of COVID–19 internation-
ally and within the United States; 
(2) make a full and nonpartisan accounting of 
the United States’ preparedness for, and response 
to, the COVID–19 pandemic, to include inves-
tigating and reporting on— 
(A) medical intelligence; 
(B) international public health surveil-
lance; 
(C) domestic public health surveillance; 
(D) communication and coordination be-
tween the Federal Government and foreign gov-
ernments, the private sector, nongovernmental 
organizations, and international public health 
organizations related to public health threats 
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and early warning, detection, and prevention 
and response measures; 
(E) communication and coordination re-
lated to public health threats and early warn-
ing, detection, and prevention and response 
measures among the Federal national security 
agencies, Federal public health agencies, other 
relevant Federal agencies, and State, Tribal, 
local, and territorial governments; 
(F) Federal funding and support for, en-
gagement with, and management of, inter-
national prevention, preparedness, and response 
efforts; 
(G) Federal guidance, assistance, and re-
quirements for State, Tribal, local, and terri-
torial governments; 
(H) Federal acquisition and financing ef-
forts and supply chain management, including 
use of the authorities provided under the De-
fense Production Act of 1950 (50 U.S.C. 4501 
et seq.), related to personal protective equip-
ment, testing supplies, ventilators and other 
medical equipment or supplies, diagnostics, 
therapeutics, vaccines, or other relevant items 
for domestic and international use; 
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(M) scams and profiteering; 
(N) misinformation and disinformation; 
(O) the readiness of Federal, State, Tribal, 
local, and territorial public health departments 
and agencies and relevant regional entities; 
(P) testing and contact tracing operations; 
(Q) emergency management; 
(R) military engagement, including the Na-
tional Guard Bureau; 
(S) Federal, State, Tribal, local, and terri-
torial orders and guidance to reduce disease 
transmission, including travel restrictions, stay- 
at-home orders, in-person school and institution 
of higher education closures or modifications, 
workplace protections or closures, or business 
closures or modifications; 
(T) Federal, State, Tribal, local, and terri-
torial guidance, public health education, and re-
source provision related to masking, social 
distancing, hygiene, therapeutics, testing, quar-
antining, vaccination, or other relevant topics; 
(U) scientific and technological prepared-
ness and response, which may include— 
(i) the Federal role in executing, sup-
porting, and coordinating domestic and 
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global research on diagnostics, thera-
peutics, and vaccines; 
(ii) the efficacy and scientific integrity 
of the Federal authorization and approval 
processes for vaccines, therapeutics, and 
diagnostics; and 
(iii) the use of technology to detect 
and prevent contagion, including privacy 
concerns; 
(V) the preparedness and response of spe-
cific types of institutions that experienced high 
rates of COVID–19 infection or that are critical 
to national security, which may include— 
(i) hospitals; 
(ii) skilled nursing facilities and nurs-
ing facilities; 
(iii) assisted living facilities; 
(iv) prisons, jails, and immigration de-
tention centers; 
(v) elementary and secondary schools 
and institutions of higher education; 
(vi) food production, processing, and 
distribution facilities; 
(vii) other congregate settings and 
confined or high-density workplaces; and 
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(viii) other critical infrastructure fa-
cilities; 
(W) Federal economic relief programs, in-
cluding— 
(i) loan, grant, and other financial as-
sistance; 
(ii) unemployment insurance; 
(iii) tax and loan deferment; 
(iv) direct payments; 
(v) rental and mortgage assistance, 
eviction moratoria, and foreclosure relief; 
and 
(vi) fiscal relief to States, Tribes, lo-
calities, and territories; 
(X) health and economic impacts on under-
served communities, rural populations, racial 
and ethnic minority populations, older adults, 
and all other populations with relevant health 
or economic disparities, which may include— 
(i) immigrant populations; 
(ii) 
lesbian, 
gay, 
bisexual, 
transgender, and queer individuals; 
(iii) people with disabilities; 
(iv) people who live on or near Indian 
reservations or in Alaska Native villages; 
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(v) residents of territories of the 
United States; and 
(vi) veterans; 
(Y) the division of authority and respon-
sibilities between the Federal Government and 
State, Tribal, local, and territorial governments; 
(Z) any other aspect of Federal, State, 
Tribal, local, and territorial government pre-
paredness and response; and 
(AA) other areas as determined relevant 
and appropriate by the Commission (by agree-
ment of the chair and vice chair of the Commis-
sion); and 
(3) investigate and report to the President and 
Congress on its findings, conclusions, and rec-
ommendations to improve the ability of the Federal 
Government, State, Tribal, local, and territorial gov-
ernments, and the private sector to— 
(A) prevent, detect, respond to, and pre-
pare for future epidemics and pandemics, 
whether naturally occurring or caused by State 
or non-State actors, and other public health 
emergencies; 
(B) protect the health security of the 
United States; and 
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(C) reestablish the role of the United 
States as a global leader in epidemic and pan-
demic preparedness and response. 
SEC. 5. COMPOSITION OF THE COMMISSION. 
(a) MEMBERS.—The Commission shall be comprised 
of 10 members, of whom— 
(1) 1 member shall be appointed by the Presi-
dent, who shall serve as the chair of the Commis-
sion; 
(2) 1 member shall— 
(A) be appointed by the leader of the Sen-
ate who represents the major political party 
that the President does not represent, in con-
sultation with the leader of the House of Rep-
resentatives from the same political party; and 
(B) serve as the vice chair of the Commis-
sion; 
(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; 
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(5) 2 members shall be appointed by the senior 
member of the leadership of the House of Represent-
atives of the Republican Party; and 
(6) 2 members shall be appointed by the senior 
member of the leadership of the House of Represent-
atives 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 in-
dividual appointed to the Commission shall not— 
(A) be an officer or employee of the Fed-
eral Government or any State, Tribal, local, or 
territorial government, except in the case of a 
State employee who works at a public institu-
tion of higher education or State-funded re-
search institution; or 
(B) have held a position in any agency, of-
fice, or other establishment in the executive, 
legislative, or judicial branch of the Federal 
Government, the functions and duties of which 
included planning, coordinating, or imple-
menting any aspect of the Federal Government 
response to the public health emergency de-
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clared 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 re-
sponse. 
(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 a de-
tailed 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 per-
son to conclude a conflict may exist, to the relevant 
committees of Congress. 
(4) OTHER QUALIFICATIONS.— 
(A) GOVERNORS, PUBLIC
HEALTH
EX-
PERTS, AND ECONOMIC POLICY EXPERTS.—In 
appointing members to the Commission, the ap-
pointing individuals described in subsection (a) 
of the same political party shall coordinate to 
ensure that the members appointed by each po-
litical party include— 
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(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 signifi-
cant depth of experience in such professions as 
governmental service, public health, global 
health, infectious diseases, pandemic prepared-
ness and response, humanitarian response and 
relief, scientific research, public administration, 
intelligence gathering, commerce, national secu-
rity, and foreign affairs. 
(5) TIMELINE FOR APPOINTMENT.—All mem-
bers of the Commission shall be appointed not later 
than 60 days after the date of enactment of this 
Act. 
(6) VACANCIES.—Any vacancy in the Commis-
sion shall not affect its powers, but shall be filled in 
the same manner in which the original appointment 
was made. 
(c) MEETINGS.— 
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(1) INITIAL MEETING.—The Commission shall 
meet and begin the operations of the Commission 
within 45 days after the appointment of all Commis-
sion 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. If required for public 
health reasons, Commission members may attend 
meetings virtually and virtual attendance shall count 
towards constituting a quorum. 
SEC. 6. FUNCTIONS OF THE COMMISSION. 
The functions of the Commission are to— 
(1) conduct an investigation that— 
(A) addresses the purposes described in 
section 4; 
(B) investigates relevant facts and cir-
cumstances relating to the COVID–19 pan-
demic in the United States, including prepared-
ness for, 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, 
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Executive order, regulation, plan, policy, prac-
tice, or procedure; 
(C) includes relevant facts and cir-
cumstances relating to— 
(i) domestic and international public 
health agencies; 
(ii) health care agencies; 
(iii) financial, labor, and housing 
agencies; 
(iv) education agencies; 
(v) intelligence agencies; 
(vi) defense and national security 
agencies; 
(vii) diplomacy and development agen-
cies; 
(viii) White House offices and coun-
cils; 
(ix) health care organizations; 
(x) private sector entities; 
(xi) scientific research agencies; 
(xii) immigration and border control 
agencies; 
(xiii) international trade organiza-
tions; 
(xiv) Congress; 
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(xv) State, Tribal, local, and terri-
torial government agencies; 
(xvi) the role of congressional and 
State government oversight and resource 
allocation; and 
(xvii) other areas of the public and 
private sectors determined relevant by the 
Commission for its inquiry; 
(D) coordinates with and reviews the find-
ings, conclusions, and recommendations of 
other relevant international, executive branch, 
congressional, State, or independent commission 
investigations into the COVID–19 pandemic, to 
the extent determined appropriate by Commis-
sion members; and 
(E) may include a comparative analysis of 
relevant domestic or international best prac-
tices; 
(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, State, Trib-
al, local, and territorial governments, and non-
governmental entities relative to detecting, pre-
venting, and responding to— 
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(A) epidemics and pandemics, whether nat-
urally occurring or caused by State or non- 
State actors; and 
(B) other public health emergencies; 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 de-
termine, including proposing organization, coordina-
tion, planning, management arrangements, proce-
dures, rules, and regulations. 
SEC. 7. POWERS OF THE COMMISSION. 
(a) IN GENERAL.— 
(1) HEARINGS AND EVIDENCE.—The Commis-
sion or, on the authority of the Commission, any 
subcommittee or member thereof, may, for the pur-
pose 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 
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testimony of such witnesses and the production 
of such written, recorded, and electronic mate-
rials as the Commission or such designated sub-
committee or designated member may deter-
mine 
advisable, 
including 
correspondence, 
memoranda, diplomatic cables, papers, docu-
ments, reports, books, notes, records, text mes-
sages, emails, voicemails, and communications, 
including communications sent from or received 
on both official and personal accounts and de-
vices. 
(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 a 
majority of the members of the Com-
mission. 
(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 ma-
jority of the Commission, and may be 
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served by any person designated by the 
chair or by a member designated by a ma-
jority of the Commission. 
(B) ENFORCEMENT.— 
(i) IN GENERAL.—In the case of con-
tumacy 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 sub-
poena is returnable, may issue an order re-
quiring such person to appear at any des-
ignated place to testify or to produce docu-
mentary or other evidence. Any failure to 
obey the order of the court may be pun-
ished 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 consti-
tuting such failure to the appropriate 
United States attorney, who may bring the 
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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 appropria-
tion 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 author-
ized to secure directly from any executive depart-
ment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality of the 
Government, information, suggestions, estimates, 
and statistics for the purposes of this Act. Notwith-
standing any other law or any assertion of privilege, 
each department, bureau, agency, board, commis-
sion, office, independent establishment, or instru-
mentality 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 
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created by a majority of the Commission, or any 
member designated by a majority of the Commis-
sion. 
(2) RECEIPT, HANDLING, STORAGE, AND DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by members of 
the Commission and its staff consistent with all ap-
plicable 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 adminis-
trative support and other services for the perform-
ance 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 de-
partments 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 
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the same conditions as departments and agencies of the 
United States. 
SEC. 8. 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 ex-
tent appropriate; and 
(2) release public versions of the reports re-
quired under subsections (a) and (b) of section 13. 
(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. 9. 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 fol-
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