II 117th CONGRESS 2d Session S. 5327 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mrs. Feinstein (for herself, Mr. Marshall , Mrs. Gillibrand , Ms. Baldwin , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish the National Task Force on the Response of the United States to the COVID–19 Pandemic.

1. Short title This Act may be cited as the National Task Force on the COVID-19 Pandemic Act . 2. Comprehensive review of the COVID–19 response (a) Establishment of task force There is established in the legislative branch a task force to be known as the National Task Force on the Response of the United States to the COVID–19 Pandemic (referred to in this section as the Task Force ). (b) Purposes The purposes of the Task Force are to— (1) examine, assess, and report upon the United States preparedness for, and response to, the COVID–19 pandemic, including— (A) the initial Federal, State, local, and territorial responses in the United States; (B) the ongoing Federal, State, local, and territorial responses in the United States, including the activities, policies, and decisions of the Trump Administration and the Biden Administration; (C) the impact of the pandemic on public health and health care systems; and (D) the initial outbreak in Wuhan, China, including efforts to determine the potential causes for the emergence of the SARS–CoV–2 virus, and Federal actions to mitigate its spread internationally; (2) build upon existing or ongoing evaluations and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of other appropriate task forces, committees, commissions, or entities established by other public or nonprofit private entities related to the United States preparedness for, and response to, the COVID–19 pandemic; (3) identify gaps in public health preparedness and medical response policies, processes, and activities, including disparities in COVID–19 infection and mortality rates among people of color, older adults, people with disabilities, and other vulnerable or at-risk groups, and how such gaps impacted the ability of the United States to respond to the COVID–19 pandemic; and (4) submit a report to the President and to Congress on its findings, conclusions, and recommendations to improve the United States preparedness for, and response to, future public health emergencies, including a public health emergency resulting from an emerging infectious disease. (c) Composition of Task Force; meetings (1) Members The Task Force shall be composed of 12 members, of whom— (A) 1 member shall be appointed by the majority leader of the Senate; (B) 1 member shall be appointed by the minority leader of the Senate; (C) 2 members shall be appointed by the chair of the Committee on Health, Education, Labor, and Pensions of the Senate; (D) 2 members shall be appointed by the ranking member of the Committee on Health, Education, Labor, and Pensions of the Senate; (E) 1 member shall be appointed by the Speaker of the House of Representatives; (F) 1 member shall be appointed by the minority leader of the House of Representatives; (G) 2 members shall be appointed by the chair of the Committee on Energy and Commerce of the House of Representatives; and (H) 2 members shall be appointed by the ranking member of the Committee on Energy and Commerce of the House of Representatives. (2) Chair and vice chair Not later than 30 days after the date on which all members of the Task Force are appointed under paragraph (1), such members shall meet to elect a Chair and Vice Chair from among such members. The Chair and Vice Chair shall each be elected to serve upon an affirmative vote from not less than 8 members of the Task Force. The Chair and Vice Chair shall not be registered members of the same political party. (3) Qualifications (A) Political party affiliation Not more than 6 members of the Task Force shall be registered members of the same political party. (B) Nongovernmental appointees An individual appointed to the Task Force may not be an officer or employee of the Federal Government or any State, local, Tribal, or territorial government. (C) Qualifications It is the sense of Congress that individuals appointed to the Task Force should be highly qualified citizens of the United States. Members appointed under paragraph (1) may include individuals with expertise in— (i) public health, health disparities and at-risk populations, medicine, and related fields; (ii) State, local, Tribal, or territorial government, including public health and medical preparedness and response and emergency management and other relevant public administration; (iii) research regarding, or the development, manufacturing, distribution, and regulation of, medical products; (iv) national security and foreign relations, including global health; and (v) commerce, including transportation, supply chains, and small business. (4) Deadline for appointment All members of the Task Force shall be appointed not later than 90 days after the date of enactment of this Act. (5) Meetings The Task Force shall meet and begin the operations of the Task Force as soon as practicable. After its initial meeting, the Task Force shall meet upon the call of the Chair and Vice Chair or not less than 8 of its members. (6) Quorum; vacancies (A) Quorum Eight members of the Task Force shall constitute a quorum. (B) Vacancies Any vacancy in the Task Force shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (d) Functions of Task Force The functions of the Task Force are to— (1) conduct a review that— (A) examines the initial outbreak of the SARS–CoV–2 virus in Wuhan, China, including— (i) engaging with willing partner governments and global experts; (ii) seeking access to relevant records; and (iii) examining the potential causes of the emergence and source of the virus; (B) examines the United States preparation for, and response to, the COVID–19 pandemic, including— (i) relevant laws, policies, regulations, and processes that were in place prior to, or put into place during, 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 ) with respect to COVID–19, including any that are put into place related to such public health emergency after the date of enactment of this Act and prior to the issuance of the final report pursuant to subsection (j)(2); (ii) relevant actions taken by, and coordination between, Federal, State, local, Tribal, and territorial governments, nongovernmental organizations, and international organizations on preparedness and response efforts, including coordination between governments and other public and private entities, during the— (I) initial response in the United States; (II) response during the Trump Administration; and (III) ongoing response during the Biden Administration; (iii) communication of public health and scientific information related to the COVID–19 pandemic, including processes for the development, approval, and dissemination of Federal public health and other relevant public health or scientific guidance; and (iv) actions taken to support the development, manufacturing, and distribution of medical countermeasures and related medical supplies to prevent, detect, and treat COVID–19; and (C) may include assessments relating to— (i) the capacity and capabilities of Federal, State, local, Tribal, and territorial governments to respond to the COVID–19 pandemic; (ii) the capacity and capabilities of health care facilities and the health care workforce to respond to the COVID–19 pandemic; (iii) medical countermeasure research and development and the supply chains of medical products necessary to respond to the COVID–19 pandemic; (iv) international preparedness for and response to COVID–19, and Federal decision-making processes related to new global health threats; (v) containment and mitigation measures related to domestic and international travel in response to COVID–19; and (vi) the impact of the COVID–19 pandemic and related mitigation efforts on hard-to-reach and at-risk or underserved populations, including related health disparities; (2) identify, review, and evaluate the lessons learned from the COVID–19 pandemic, including activities to prepare for, and respond to, future potential pandemics and related public health emergencies; and (3) submit to the President and Congress such reports as are required by this Act containing such findings, conclusions, and recommendations as the Task Force shall determine. (e) Powers of Task Force (1) Hearings The Task Force may— (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence as determined by the Chair and Vice Chair, and administer such oaths as the Task Force or a designated member, as determined by the Chair or Vice Chair, may determine advisable to be necessary to carry out the functions of the Task Force; 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 person described in paragraph (2)(A)(i) 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 not less than 9 members of the Task Force. (ii) Signature Subpoenas issued under this subsection may be issued under the signature of the Chair or any member designated by a majority of the Task Force, and may be served by any person designated by the Chair or by a member designated by agreement of the majority of the Task Force. (B) Enforcement In the case of contumacy or failure to obey a subpoena issued under 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. (3) Contracting The Task Force may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Task Force to discharge its duties under this Act. (4) Information from federal agencies (A) In general The Task Force may access from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, such information, documents, suggestions, estimates, and statistics as the Task Force considers necessary to carry out this section. (B) Provision of information On written request of the Chair, each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, provide such information to the Task Force. (C) Receipt, handling, storage, and dissemination Information shall only be received, handled, stored, and disseminated by members of the Task Force and its staff consistent with all applicable statutes, regulations, and executive orders. (5) Assistance from Federal agencies (A) General services administration On request of the Chair and Vice Chair, the Administrator of the General Services Administration shall provide to the Task Force, on a reimbursable basis, administrative support and other assistance necessary for the Task Force to carry out its duties. (B) Other departments and agencies In addition to the assistance provided for in subparagraph (A), departments and agencies of the United States may provide to the Task Force such assistance as such departments and agencies may determine advisable and as authorized by law. (6) Donations The Task Force may accept, use, and dispose of gifts or donations of services or property. Not later than 5 days after the acceptance of a donation under this subsection, the Task Force shall publicly disclose— (A) the name of the entity that provided such donation; (B) the service or property provided through such donation; (C) the value of such donation; and (D) how the Task Force plans to use such donation. (7) Postal services The Task Force may use the United States mails in the same manner and under the same conditions as a department or agency of the United States. (f) Applicability of Federal Advisory Committee Act (1) In general The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Task Force. (2) Public meetings and release of public versions of reports The Task Force shall— (A) hold public hearings and meetings to the extent appropriate; and (B) release public versions of the reports required under paragraphs (1) and (2) of subsection (j). (3) Public hearings Any public hearings of the Task Force shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Task Force as required by any applicable statute, regulation, or Executive order. (g) Staff of Task Force (1) In general (A) Appointment and compensation The Chair of the Task Force, in agreement with the Vice Chair, in accordance with rules agreed upon by the Task Force, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Task Force 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 title 5, United States Code. (B) Personnel as Federal employees (i) In general The staff director and any personnel of the Task Force 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. (ii) Members of task force Clause (i) shall not be construed to apply to members of the Task Force. (2) Detailees Upon request of the Chair and Vice Chair of the Task Force, the head of any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government employee may detail, without reimbursement, any of its personnel to the Task Force to assist in carrying out its duties under this section. Any such detailee shall be without interruption or loss of civil service status or privilege. (3) Consultant services The Task Force 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. (h) Compensation and travel expenses Each member of the Task Force shall serve without compensation, but shall receive travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code. (i) Security clearances for task force members and staff The appropriate Federal agencies or departments shall cooperate with the Task Force in expeditiously providing to the Task Force members and staff appropriate security clearances, consistent with existing procedures and requirements. No person shall be provided with access to classified information under this section without the appropriate security clearances. (j) Reports of Task Force; termination (1) Interim report Not later than 180 days after the date of enactment of this Act, the Task Force shall submit to the President, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives an interim report containing such findings, conclusions, and recommendations as have been agreed to by not less than 8 members of the Task Force. Such interim report shall be made available online in a manner that does not compromise national security. (2) Final Report (A) In general Not later than 18 months after the date on which the last member of the Task Force is appointed, the Task Force shall submit to the President, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives a final report containing such findings, conclusions, and recommendations as have been agreed to by not less than 8 members of the Task Force. The final report shall be made available online in a manner that does not compromise national security. (B) Extensions (i) In general The submission and publication of the final report, as described in subparagraph (A), may be delayed by 6 months upon the agreement of not less than 8 members of the Task Force. (ii) Notification The Task Force shall notify the President, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the public of any extension granted under clause (i). (C) Special rules and considerations (i) Rule of construction Nothing in this subsection shall be construed as authorizing the Task Force to publicly disclose information otherwise prohibited from disclosure by law. (ii) Special timing considerations Notwithstanding any other provision of this section, the Task Force shall not publish or make available any interim or final report during the 60-day periods ending November 5, 2024, and November 3, 2026. (3) Termination (A) In general The Task Force, and all the authorities of this section, shall terminate 60 days after the date on which the final report is submitted under paragraph (2). (B) Administrative activities before termination The Task Force may use the 60-day period referred to in subparagraph (A) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. (k) Funding (1) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this Act. (2) Duration of availability Amounts made available to the Task Force under paragraph (1) shall remain available until the termination of the Task Force.