I 
118TH CONGRESS 
1ST SESSION H. R. 3066 
To establish the National Commission on the COVID–19 Pandemic, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 2, 2023 
Mr. POSEY introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committees on Finan-
cial Services, and Transportation and Infrastructure, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To establish the National Commission on the COVID–19 
Pandemic, and for other purposes. 
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 ‘‘Pandemics Require 
Evaluating, Planning, and Responding Effectively Act’’ or 
the ‘‘PREPARE Act’’. 
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SEC. 2. ESTABLISHMENT OF COMMISSION. 
There is established in the legislative branch the Na-
tional Commission on the COVID–19 Pandemic (in this 
Act referred to as the ‘‘Commission’’). 
SEC. 3. PURPOSES. 
The purposes of the Commission are to— 
(1) examine and report upon the facts and 
causes relating to the COVID–19 pandemic that re-
sulted from the global spread of the SARS–CoV–2 
virus, from Wuhan, China; 
(2) ascertain, evaluate, and report on the evi-
dence developed by all relevant governmental agen-
cies regarding the facts and circumstances sur-
rounding the pandemic and the emergence of SARS– 
CoV–2; 
(3) build upon the investigations of other enti-
ties, and avoid unnecessary duplication by critically 
reviewing 
the 
findings, 
conclusions, 
and 
rec-
ommendations of executive branch, congressional, or 
independent commission investigations into the 
COVID–19 pandemic while adopting only the find-
ings, conclusions and recommendations of such in-
vestigations as the Commission shall find accurate 
and unbiased; 
(4) make a full and complete accounting of the 
circumstances surrounding the pandemic, and the 
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extent of the United States preparedness for, and 
immediate response to, the pandemic; and 
(5) investigate and report to the President and 
Congress on its findings, conclusions, and rec-
ommendations for corrective measures that can be 
taken to prevent, better prepare for, and respond to 
pandemics. 
SEC. 4. CONSIDERATIONS. 
In carrying out its duties in furtherance of the pur-
poses specified in section 2, the Commission shall consider 
the following: 
(1) Compiling a full and complete accounting of 
the circumstances surrounding the emergence of the 
2019 novel coronavirus, the Nation’s preparedness 
for the 2019 novel coronavirus pandemic, and the 
actions taken by Federal, State, local, Tribal, and 
territorial governments at critical junctures before 
and after the World Health Organization designated 
the 2019 novel coronavirus as a public health emer-
gency of international concern on January 30, 2020. 
(2) Evaluating the effectiveness of United 
States public health reconnaissance and intelligence 
in recognizing the COVID–19 pandemic at its source 
and effectively mobilizing the nation to meet the 
challenge of the pandemic. 
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(3) Identifying biological collaborations among 
government, private, non-profit, not-for-profit enti-
ties, and other scientific communities, evaluating the 
manner in which such collaborations can increase 
the risk of accidental releases of harmful pathogens, 
and making recommendations that will decrease 
such risks. 
(4) Identifying the lead person or agency of the 
Federal Government responsible for conducting the 
reconnaissance and intelligence in paragraph (1) and 
evaluating the performance of this entity and the ef-
ficacy of the assignment of such lead to this entity. 
(5) Articulating the policy objectives of the 
Federal Government in preparing, responding to and 
recovering from a pandemic and the performance 
metrics and standards to evaluate contributions to 
the overall objectives as articulated. 
(6) Identifying the current agency of the Fed-
eral Government with the lead for pandemic pre-
paredness and response. 
(7) Evaluating the integration of the pandemic 
planning into the National Preparedness System and 
other preparedness activities throughout the Federal 
Government. 
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(8) Evaluating the performance of the Federal, 
State, and local governments in preparing for and 
responding to the COVID–19 declared emergency 
within the context of the National Preparedness Sys-
tem. 
(9) Assessing of the assignment of roles and re-
sponsibilities among Federal, State, and local gov-
ernments in preparing for, responding to and recov-
ering from the COVID–19 pandemic. 
(10) Evaluating of the performance of an all- 
hazard preparedness and response system in meeting 
the challenges of the COVID–19 emergency and 
whether actions should be taken to adapt prepared-
ness and response to unique circumstances related to 
pandemics. 
(11) Evaluating whether the identification of 
lead person or agency for pandemic preparedness is 
clear and effective and whether the lead for pan-
demic preparedness and response requires consolida-
tion or should be reassigned to an alternative agen-
cy. 
(12) Examining ways to improve integration 
and coordination of preparedness and responses to 
pandemics at all levels of government, Federal, 
State, and local. 
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(13) Evaluating the resilience of production re-
sponses to the COVID–19 crisis particularly those 
related medicines, medical equipment, protective 
equipment and other medical supplies and the role 
of the Federal and other governments in responding 
to supply chain needs for pandemics. 
(14) Identifying and evaluating the degree of 
reliance of the United States on vulnerable supply 
chains for medicines, medical equipment, protective 
equipment and other medical supplies necessary to 
prepare for and respond to a pandemic and all rea-
sonable 
alternatives 
for 
mitigating 
such 
vulnerabilities in future pandemics. 
(15) Evaluating the contribution of the Defense 
Production Act in the COVID–19 emergency and 
whether this law should be amended to improve pan-
demic preparedness and response. 
(16) Evaluating the National Stockpile in pre-
paring for and responding to pandemics, the per-
formance of the National Stockpile in responding to 
the COVID–19 emergency, and all reasonable alter-
natives improving the management and contribu-
tions of the Stockpile in preparing for and respond-
ing to future pandemics. 
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(17) Evaluating the role of the Federal Govern-
ment in developing and approving surveillance, test-
ing, treatments, therapeutics and vaccines for 
COVID–19 and all reasonable alternatives to im-
prove the development of therapeutics and vaccines 
in future pandemics. 
(18) Evaluating the Federal, State, and local 
response to the COVID–19 emergency related to en-
suring adequate national surge capacity infrastruc-
ture in hospitals and medical centers and alter-
natives for improving such preparedness and re-
sponse to ensure adequate capacity in future 
pandemics. 
(19) Identifying and evaluating the array of 
public health interventions at the Federal, State, 
and local levels, including mask orders, social 
distancing practices, stay-at-home directives, school 
and business closures, and other measures, imple-
mented in response to the COVID–19 emergency 
and evaluating all reasonable alternatives for im-
proving such public health responses in future 
pandemics with a due consideration of the economic 
and other public health costs and tradeoffs associ-
ated with such measures. 
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(20) Evaluating the performance of financial 
markets and regulators during the COVID–19 emer-
gency. 
(21) Evaluating the overall efficacy of the Fed-
eral economic response to the COVID–19 emergency 
and recommendations for modifying those responses 
to improve preparedness and response to future 
pandemics. 
(22) Any other feature of the COVID–19 emer-
gency that would improve the prevention, prepared-
ness and response to future pandemic emergencies. 
SEC. 5. COMPOSITION OF COMMISSION. 
(a) MEMBERS.—The Commission shall be composed 
of 10 members, of whom— 
(1) 1 member shall be appointed by the Presi-
dent, who shall serve as chairperson of the Commis-
sion; 
(2) 1 member shall be appointed by the leader 
of the Senate whose political party is other than the 
political party of the President (regardless of wheth-
er such individual is the majority or minority lead-
er), in consultation with the leader of the House of 
Representatives whose political party is other than 
the political party of the President (regardless of 
whether such individual is the Speaker of the House 
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of Representatives or the minority leader), who shall 
serve as vice chairperson of the Commission; 
(3) 2 members shall be appointed by the senior 
member of the majority leadership of the Senate; 
(4) 2 members shall be appointed by the senior 
member of the majority leadership of the House of 
Representatives; 
(5) 2 members shall be appointed by the senior 
member of the minority leadership of the Senate; 
and 
(6) 2 members shall be appointed by the senior 
member of the minority leadership of the House of 
Representatives. 
(b) QUALIFICATIONS; INITIAL MEETING.— 
(1) POLITICAL
PARTY
AFFILIATION.—Each 
major political party shall be represented by not 
fewer than five members of the Commission. 
(2) NONGOVERNMENTAL APPOINTEES.—An in-
dividual appointed to the Commission may not be an 
officer or employee of the Federal Government or 
any State or local government. 
(3) OTHER QUALIFICATIONS.—It is the sense of 
Congress that individuals appointed to the Commis-
sion should be prominent United States citizens, 
with national recognition and significant depth of ex-
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perience in such professions as governmental service, 
science, health, law, public administration, intel-
ligence gathering, commerce, logistics, and foreign 
affairs. 
(4) NO
CONFLICTS
OF
INTEREST.—An indi-
vidual appointed to the Commission may not have a 
conflict of interest with respect to any potential 
issue or inquiry that may come within the purview 
of the Commission consistent with Federal law relat-
ing to conflicts-of-interest and congressional ethics 
rules. 
(5) DEADLINE FOR APPOINTMENT.—All mem-
bers of the Commission shall be appointed not later 
than 90 days after the date of the enactment of this 
Act. 
(6) INITIAL MEETING.—The Commission shall 
meet and begin the operations of the Commission as 
soon as practicable. 
(c) QUORUM; VACANCIES.—After its initial meeting, 
the Commission shall meet upon the call of the chairman 
or a majority of its members. Six members of the Commis-
sion shall constitute a quorum. Any vacancy in the Com-
mission shall not affect its powers, but shall be filled in 
the same manner in which the original appointment was 
made. 
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SEC. 6. FUNCTIONS OF COMMISSION. 
The functions of the Commission are to— 
(1) conduct an investigation that— 
(A) investigates relevant facts and cir-
cumstances relating to the COVID–19 pan-
demic, including any relevant legislation, Execu-
tive order, regulation, plan, policy, scientific re-
search, practice, or procedure; and 
(B) includes relevant facts and cir-
cumstances relating to— 
(i) scientific and public health re-
search; 
(ii) public and private scientific orga-
nizations; 
(iii) charitable organizations; 
(iv) academic organizations; 
(v) economic, education, scientific and 
commercial institutions; 
(vi) healthcare, public health policies, 
and pandemic preparedness; 
(vii) the role of congressional over-
sight and resource allocation; and 
(viii) other areas of the public and 
private sectors determined relevant by the 
Commission for its inquiry; 
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(2) identify, review, and evaluate the lessons 
learned from the COVID–19 pandemic from how the 
virus emerged and spread to the ongoing response 
efforts, regarding the structure, coordination, man-
agement policies, and procedures of the Federal 
Government, and, where appropriate, State and local 
governments, nongovernmental entities and inter-
national organizations, relative to detecting, pre-
venting, and responding to such disease events; and 
(3) submit to the President and Congress such 
reports as are required by this title containing such 
findings, conclusions, and recommendations as the 
Commission shall determine, including proposing or-
ganization, coordination, planning, management ar-
rangements, procedures, rules, and regulations. 
SEC. 7. POWERS OF 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 title— 
(A) hold such hearings and sit and act at 
such times and places, take such testimony, re-
ceive such evidence, administer such oaths; and 
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(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, memo-
randa, papers, and documents, as the Commis-
sion or such designated subcommittee or des-
ignated 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 
chairman and the vice chairman; 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 
chairman or any member designated by a 
majority of the Commission, and may be 
served by any person designated by the 
chairman or by a member designated by a 
majority of the Commission. 
(B) ENFORCEMENT.— 
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(i) IN GENERAL.—In the case of con-
tumacy or failure to obey a subpoena 
issued under subsection (a), 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 
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 
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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 title. 
(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 title. Each de-
partment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality shall, 
to the extent authorized by law, furnish such infor-
mation, suggestions, estimates, and statistics di-
rectly to the Commission, upon request made by the 
chairman, the chairman of any subcommittee cre-
ated by a majority of the Commission, or any mem-
ber designated by a majority of the Commission. 
(2) RECEIPT, HANDLING, STORAGE, AND DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by members of 
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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 they 
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. 8. NONAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE REQUIREMENTS. 
(a) IN GENERAL.—Chapter 10, of part I of title 5, 
United States Code, shall not apply to the Commission. 
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(b) PUBLIC MEETINGS.— 
(1) Each Commission meeting shall be open to 
the public. 
(2) Except when the Commission determines 
otherwise for reasons of national security, timely no-
tice of each such meeting shall be published in the 
Federal Register, and the Commission shall publish 
procedures to provide for other types of public notice 
to ensure that all interested persons are notified of 
such meeting prior thereto. 
(3) Interested persons shall be permitted to at-
tend, appear before, or file statements with the 
Commission, subject to such reasonable procedures 
as the Commission may prescribe and publish. 
(c) RECORDS.— 
(1) MAINTENANCE
OF
RECORDS.—The Com-
mission shall maintain and dispose of all records re-
lated to the Commission, its meeting and general 
business in accordance with statutes governing the 
maintenance and disposition of records that apply to 
any agency of the Federal government. 
(2) PUBLIC ACCESS.—In accordance with proce-
dures to be adopted and published by the Commis-
sion, the records, reports, transcripts, minutes, ap-
pendixes, working papers, drafts, studies, agenda, or 
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other documents which were made available to or 
prepared for or by the Commission shall be available 
for public inspection and copying at a single location 
in the offices of the Commission until the Commis-
sion ceases to exist and, after the termination of the 
Commission, such records shall be transferred to the 
National Archives and Records Administration. 
(3) EXEMPTIONS.—The requirement for public 
access under paragraph (2) shall not apply to 
records that are— 
(A) specifically authorized under criteria 
established by an Executive order to be kept se-
cret in the interest of national defense or for-
eign policy and are in fact properly classified 
pursuant to such Executive order; 
(B) related solely to the internal personnel 
rules and practices of any Federal agency; 
(C) specifically exempted from disclosure 
by statute, if that statute— 
(i) requires that the matters be with-
held from the public in such a manner as 
to leave no discretion on the issue; or 
(ii) establishes particular criteria for 
withholding or refers to particular types of 
matters to be withheld; 
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(D) trade secrets and commercial or finan-
cial information obtained from a person and 
privileged or confidential; 
(E) inter-agency or intra-agency memoran-
dums or letters that would not be available by 
law to a party other than an agency including 
the Commission in litigation with the agency, 
provided that the deliberative process privilege 
shall not apply to records created 25 years or 
more before the date on which the records were 
requested; 
(F) personnel and medical files and similar 
files the disclosure of which would constitute a 
clearly unwarranted invasion of personal pri-
vacy; 
(G) records or information compiled for 
law enforcement purposes, but only to the ex-
tent that the production of such law enforce-
ment records or information— 
(i) could reasonably be expected to 
interfere with enforcement proceedings; 
(ii) would deprive a person of a right 
to a fair trial or an impartial adjudication; 
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(iii) could reasonably be expected to 
constitute an unwarranted invasion of per-
sonal privacy; 
(iv) could reasonably be expected to 
disclose the identity of a confidential 
source, including a State, local, or foreign 
agency or authority or any private institu-
tion which furnished information on a con-
fidential basis, and, in the case of a record 
or information compiled by criminal law 
enforcement authority in the course of a 
criminal investigation or by an agency con-
ducting a lawful national security intel-
ligence investigation, information furnished 
by a confidential source; 
(v) would disclose techniques and pro-
cedures for law enforcement investigations 
or prosecutions, or would disclose guide-
lines for law enforcement investigations or 
prosecutions if such disclosure could rea-
sonably be expected to risk circumvention 
of the law; or 
(vi) could reasonably be expected to 
endanger the life or physical safety of any 
individual; 
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(H) contained in or related to examination, 
operating, or condition reports prepared by, on 
behalf of, or for the use of an agency respon-
sible for the regulation or supervision of finan-
cial institutions; or 
(I) geological and geophysical information 
and data, including maps, concerning wells. 
Any reasonably segregable portion of a record shall 
be provided to any person requesting such record 
after deletion of the portions which are exempt 
under this subsection. The amount of information 
deleted, and the exemption under which the deletion 
is made, shall be indicated on the released portion 
of the record, unless including that indication would 
harm an interest protected by the exemption in this 
subsection under which the deletion is made. If tech-
nically feasible, the amount of the information de-
leted, and the exemption under which the deletion is 
made, shall be indicated at the place in the record 
where such deletion is made. 
(4) CONSTRUCTION.—Nothing in paragraph (3) 
shall be construed as imposing any limitation what-
soever on the scope or subject matter of the Com-
mission’s inquiry. The Commission shall arrange for 
secure access to all Commission records and a com-
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prehensive Commission report without redaction by 
any Member of Congress or authorized individual 
with a required security clearance in appropriately 
secure facilities. 
(d) 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. STAFF OF COMMISSION. 
(a) IN GENERAL.— 
(1) APPOINTMENT AND COMPENSATION.—The 
chairman, in consultation with the vice chairman, in 
accordance with rules agreed upon by the Commis-
sion, 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 provi-
sions 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 Execu-
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tive Schedule under section 5316 of title 5, United 
States Code. 
(2) PERSONNEL AS FEDERAL EMPLOYEES.— 
(A) IN GENERAL.—The executive director 
and any personnel of the Commission who are 
employees shall be employees under section 
2105 of title 5, United States Code, for pur-
poses of chapters 63, 81, 83, 84, 85, 87, 89, 
and 90 of that title. 
(B) MEMBERS OF COMMISSION.—Subpara-
graph (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 employ-
ment without interruption. 
(c) CONSULTANT SERVICES.—The Commission is au-
thorized 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 per-
son occupying a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States 
Code. 
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(d) CONFLICTS OF INTEREST.—All individuals whose 
services are rendered to the Commission will be free from 
any financial, academic, personal, or professional conflicts 
of interest which may interfere with the work of the Com-
mission. 
SEC. 10. COMPENSATION AND TRAVEL EXPENSES. 
(a) COMPENSATION.—Each member of the Commis-
sion may be compensated at not to exceed the daily equiva-
lent 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 Commis-
sion shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons em-
ployed intermittently in the Government service are al-
lowed expenses under section 5703(b) of title 5, United 
States Code. 
SEC. 11. SECURITY CLEARANCES FOR COMMISSION MEM-
BERS AND STAFF. 
The appropriate Federal agencies or departments 
shall cooperate with the Commission in expeditiously pro-
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viding to the Commission members and staff appropriate 
security clearances to the extent possible pursuant to ex-
isting procedures and requirements, except that no person 
shall be provided with access to classified information 
under this title without the appropriate security clear-
ances. 
SEC. 12. REPORTS OF COMMISSION; TERMINATION. 
(a) INTERIM REPORTS.—The Commission may sub-
mit to the President and Congress interim reports con-
taining such findings, conclusions, and recommendations 
for corrective measures as have been agreed to by a major-
ity of Commission members. 
(b) FINAL REPORT.—Not later than 18 months after 
the date of the enactment of this Act, the Commission 
shall submit to the President and Congress a final report 
containing such findings, conclusions, and recommenda-
tions for corrective measures as have been agreed to by 
a majority of Commission members. 
(c) TERMINATION.— 
(1) IN GENERAL.—The Commission, and all the 
authorities of this title, shall terminate 60 days after 
the date on which the final report is submitted 
under subsection (b). 
(2) ADMINISTRATIVE ACTIVITIES BEFORE TER-
MINATION.—The Commission may use the 60-day 
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period referred to in paragraph (1) for the purpose 
of concluding its activities, including providing testi-
mony to committees of Congress concerning its re-
ports and disseminating the final report. 
SEC. 13. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Commission such 
sums as may be necessary for any fiscal year, half of which 
shall be derived from the applicable account of the House 
of Representatives, and half of which shall be derived from 
the contingent fund of the Senate. 
(b) DURATION OF AVAILABILITY.—Amounts made 
available to the Commission under paragraph (a) shall re-
main available until the termination of the Commission. 
(c) NOTICE.—The chair shall promptly notify Con-
gress if the chair determines that the amounts made avail-
able to the Commission under subsection (a) are insuffi-
cient for the Commission to carry out its duties. 
Æ 
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