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) 
include 
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 ACT. 
(a) IN GENERAL.—The Federal Advisory Committee 
Act (5 U.S.C. App.) 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 Commission, its meeting and general busi-
ness in accordance with statutes governing the main-
tenance 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) that are inter-agency or intra-agency 
memorandums or letters that would not be 
available by law to a party other than an agen-
cy including the Commission in litigation with 
the agency, provided that the deliberative proc-
ess 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 vice chairman, in ac-
cordance with rules agreed upon by the Commission, 
may appoint and fix the compensation of a staff di-
rector 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 competi-
tive 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 
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for a position at level V of the Executive 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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