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S. 412, National Coronavirus Commission Act of 2021

Summary

Senate bill S. 412 of the 117th Congress, 1st Session, was introduced February 24, 2021, to establish the Commission on the Coronavirus Pandemic in the United States. Menendez introduced it with Collins, Wyden, and Brown, and it was referred to the Committee on Health, Education, Labor, and Pensions. The short title is the National Coronavirus Commission Act of 2021. Section 2 defines COVID–19 as the 2019 novel coronavirus disease and lists the relevant committees of Congress. A closing provision authorizes $50,000,000 to be appropriated to carry out the Act, with amounts remaining available until the termination of the Commission.

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Issuer
Congressional materials
Document type
Bills Bills 117S412Is Bills 117S412Is
Case
Bills Bills 117S412Is Bills 117S412Is

Cite this document

“S. 412, National Coronavirus Commission Act of 2021.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s412is-bills-117s412is/, SHA-256 9e2da87cdea7c10f72e5d83830cfd955e85f3e7c8f2d035dae38446d4e01456f.

Full text

                                                                                                                                                                            II




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                                 S. 412
                                                                           To establish the Commission on the Coronavirus Pandemic in the United
                                                                                                           States.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                   FEBRUARY 24, 2021
                                                                       Mr. MENENDEZ (for himself, Ms. COLLINS, Mr. WYDEN, and Mr. BROWN) in-
                                                                           troduced the following bill; which was read twice and referred to the Com-
                                                                           mittee on Health, Education, Labor, and Pensions




                                                                                                                 A BILL
                                                                          To establish the Commission on the Coronavirus Pandemic
                                                                                             in the United States.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘National Coronavirus
                                                                         5 Commission Act of 2021’’.
                                                                         6     SEC. 2. DEFINITIONS.

                                                                         7              In this Act:
                                                                         8                        (1)       COVID–19.—The                          term           ‘‘COVID–19’’




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                                                                         9              means the 2019 novel coronavirus disease.




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                                                                         1                        (2) RELEVANT COMMITTEES OF CONGRESS.—
                                                                         2              The term ‘‘relevant committees of Congress’’—
                                                                         3                                 (A) means all committees for which infor-
                                                                         4                        mation in the report or plan being provided
                                                                         5                        might be relevant; and
                                                                         6                                 (B) includes, at a minimum—
                                                                         7                                        (i) the Committee on Health, Edu-
                                                                         8                                 cation, Labor, and Pensions, the Com-
                                                                         9                                 mittee on Finance, the Committee on For-
                                                                       10                                  eign Relations, the Committee on Banking,
                                                                       11                                  Housing, and Urban Affairs, the Com-
                                                                       12                                  mittee on Homeland Security and Govern-
                                                                       13                                  ment Affairs, the Committee on Appropria-
                                                                       14                                  tions, and the Select Committee on Intel-
                                                                       15                                  ligence of the Senate; and
                                                                       16                                         (ii) the Committee on Energy and
                                                                       17                                  Commerce, the Committee on Ways and
                                                                       18                                  Means, the Committee on Foreign Affairs,
                                                                       19                                  the Committee on Oversight and Reform,
                                                                       20                                  the Committee on Homeland Security, the
                                                                       21                                  Committee on Appropriations, and the
                                                                       22                                  Permanent Select Committee on Intel-
                                                                       23                                  ligence of the House of Representatives.




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                                                                         1     SEC. 3. ESTABLISHMENT OF COMMISSION.

                                                                         2              There is established in the legislative branch the
                                                                         3 Commission on the Coronavirus Pandemic in the United
                                                                         4 States (referred to in this Act as the ‘‘Commission’’).
                                                                         5     SEC. 4. PURPOSES.

                                                                         6              The purposes of the Commission are to—
                                                                         7                        (1) examine and report on the facts and the
                                                                         8              causes relating to the COVID–19 pandemic in the
                                                                         9              United States, which may include investigating and
                                                                       10               reporting on—
                                                                       11                                  (A) the origins of COVID–19; and
                                                                       12                                  (B) the spread of COVID–19 internation-
                                                                       13                         ally and within the United States;
                                                                       14                         (2) make a full and nonpartisan accounting of
                                                                       15               the United States preparedness for, and response to,
                                                                       16               the COVID–19 pandemic, to include investigating
                                                                       17               and reporting on—
                                                                       18                                  (A) medical intelligence;
                                                                       19                                  (B) international public health surveil-
                                                                       20                         lance;
                                                                       21                                  (C) domestic public health surveillance;
                                                                       22                                  (D) communication and coordination be-
                                                                       23                         tween the Federal Government and foreign gov-
                                                                       24                         ernments, the private sector, nongovernmental




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                                                                       25                         organizations, and international public health
                                                                       26                         organizations related to public health threats
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                                                                         1                        and early warning, detection, and prevention
                                                                         2                        and response measures;
                                                                         3                                 (E) communication and coordination re-
                                                                         4                        lated to public health threats and early warn-
                                                                         5                        ing, detection, and prevention and response
                                                                         6                        measures among the Federal national security
                                                                         7                        agencies, Federal public health agencies, other
                                                                         8                        relevant Federal agencies, and State, Tribal,
                                                                         9                        local, and territorial governments;
                                                                       10                                  (F) Federal funding and support for, en-
                                                                       11                         gagement with, and management of, inter-
                                                                       12                         national prevention, preparedness, and response
                                                                       13                         efforts;
                                                                       14                                  (G) Federal guidance, assistance, and re-
                                                                       15                         quirements for State, Tribal, local, and terri-
                                                                       16                         torial governments;
                                                                       17                                  (H) Federal acquisition and financing ef-
                                                                       18                         forts and supply chain management, including
                                                                       19                         use of the authorities provided under the De-
                                                                       20                         fense Production Act of 1950 (50 U.S.C. 4501
                                                                       21                         et seq.), related to personal protective equip-
                                                                       22                         ment, testing supplies, ventilators and other
                                                                       23                         medical equipment or supplies, diagnostics,
                                                                       24                         therapeutics, vaccines, or other relevant items



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                                                                       25                         for domestic and international use;


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                                                                         1                                 (I) management, allocation, and distribu-
                                                                         2                        tion of relevant resources (including resources
                                                                         3                        and assets for domestic use held by United
                                                                         4                        States agencies that provide foreign aid) be-
                                                                         5                        tween the Federal Government and State, Trib-
                                                                         6                        al, local, and territorial governments, hospitals
                                                                         7                        and health care organizations, and private sec-
                                                                         8                        tor entities, including personal protective equip-
                                                                         9                        ment, testing supplies, ventilators and other
                                                                       10                         medical equipment or supplies, diagnostics,
                                                                       11                         therapeutics, vaccines, or other relevant items;
                                                                       12                                  (J) management, allocation, and distribu-
                                                                       13                         tion of personal protective equipment, testing
                                                                       14                         supplies, ventilators and other medical equip-
                                                                       15                         ment or supplies, diagnostics, therapeutics, vac-
                                                                       16                         cines, or other relevant items as aid to foreign
                                                                       17                         countries;
                                                                       18                                  (K) domestic and global supply chain
                                                                       19                         vulnerabilities with respect to personal protec-
                                                                       20                         tive equipment, testing supplies, ventilators and
                                                                       21                         other medical equipment or supplies, diagnos-
                                                                       22                         tics, therapeutics, vaccines, or other relevant
                                                                       23                         items;
                                                                       24                                  (L) the operation of government-main-



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                                                                       25                         tained stockpiles;


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                                                                         1                                 (M) scams and profiteering;
                                                                         2                                 (N) misinformation and disinformation;
                                                                         3                                 (O) the readiness of Federal, State, Tribal,
                                                                         4                        local, and territorial public health departments
                                                                         5                        and agencies and relevant regional entities;
                                                                         6                                 (P) testing and contact tracing operations;
                                                                         7                                 (Q) emergency management;
                                                                         8                                 (R) military engagement, including the Na-
                                                                         9                        tional Guard Bureau;
                                                                       10                                  (S) Federal, State, Tribal, local, and terri-
                                                                       11                         torial orders and guidance to reduce disease
                                                                       12                         transmission, including travel restrictions, stay-
                                                                       13                         at-home orders, in-person school and institution
                                                                       14                         of higher education closures or modifications,
                                                                       15                         workplace protections or closures, or business
                                                                       16                         closures or modifications;
                                                                       17                                  (T) Federal, State, Tribal, local, and terri-
                                                                       18                         torial guidance, public health education, and re-
                                                                       19                         source provision related to masking, social
                                                                       20                         distancing, hygiene, therapeutics, testing, quar-
                                                                       21                         antining, vaccination, or other relevant topics;
                                                                       22                                  (U) scientific and technological prepared-
                                                                       23                         ness and response, which may include—
                                                                       24                                         (i) the Federal role in executing, sup-



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                                                                       25                                  porting, and coordinating domestic and


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                                                                         1                                 global research on diagnostics, thera-
                                                                         2                                 peutics, and vaccines;
                                                                         3                                        (ii) the efficacy and scientific integrity
                                                                         4                                 of the Federal authorization and approval
                                                                         5                                 processes for vaccines, therapeutics, and
                                                                         6                                 diagnostics; and
                                                                         7                                        (iii) the use of technology to detect
                                                                         8                                 and prevent contagion, including privacy
                                                                         9                                 concerns;
                                                                       10                                  (V) the preparedness and response of spe-
                                                                       11                         cific types of institutions that experienced high
                                                                       12                         rates of COVID–19 infection or that are critical
                                                                       13                         to national security, which may include—
                                                                       14                                         (i) hospitals;
                                                                       15                                         (ii) skilled nursing facilities and nurs-
                                                                       16                                  ing facilities;
                                                                       17                                         (iii) assisted living facilities;
                                                                       18                                         (iv) prisons, jails, and immigration de-
                                                                       19                                  tention centers;
                                                                       20                                         (v) elementary and secondary schools
                                                                       21                                  and institutions of higher education;
                                                                       22                                         (vi) food production, processing, and
                                                                       23                                  distribution facilities;
                                                                       24                                         (vii) other congregate settings and



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                                                                       25                                  confined or high-density workplaces; and


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                                                                         1                                        (viii) other critical infrastructure fa-
                                                                         2                                 cilities;
                                                                         3                                 (W) Federal economic relief programs, in-
                                                                         4                        cluding—
                                                                         5                                        (i) loan, grant, and other financial as-
                                                                         6                                 sistance;
                                                                         7                                        (ii) unemployment insurance;
                                                                         8                                        (iii) tax and loan deferment;
                                                                         9                                        (iv) direct payments;
                                                                       10                                         (v) rental and mortgage assistance,
                                                                       11                                  eviction moratoria, and foreclosure relief;
                                                                       12                                  and
                                                                       13                                         (vi) fiscal relief to States, Tribes, lo-
                                                                       14                                  calities, and territories;
                                                                       15                                  (X) health and economic impacts on under-
                                                                       16                         served communities, rural populations, racial
                                                                       17                         and ethnic minority populations, older adults,
                                                                       18                         and all other populations with relevant health
                                                                       19                         or economic disparities, which may include—
                                                                       20                                         (i) immigrant populations;
                                                                       21                                         (ii) lesbian, gay, bisexual, transgen-
                                                                       22                                  der, and queer individuals;
                                                                       23                                         (iii) people with disabilities;
                                                                       24                                         (iv) people who live on or near Indian



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                                                                       25                                  reservations or in Alaska Native villages;


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                                                                         1                                        (v) residents of territories of the
                                                                         2                                 United States; and
                                                                         3                                        (vi) veterans;
                                                                         4                                 (Y) the division of authority and respon-
                                                                         5                        sibilities between the Federal Government and
                                                                         6                        State, Tribal, local, and territorial governments;
                                                                         7                                 (Z) any other aspect of Federal, State,
                                                                         8                        Tribal, local, and territorial government pre-
                                                                         9                        paredness and response; and
                                                                       10                                  (AA) other areas as determined relevant
                                                                       11                         and appropriate by the Commission (by agree-
                                                                       12                         ment of the chair and vice chair of the Commis-
                                                                       13                         sion); and
                                                                       14                         (3) investigate and report to the President and
                                                                       15               Congress on its findings, conclusions, and rec-
                                                                       16               ommendations to improve the ability of the Federal
                                                                       17               Government, State, Tribal, local, and territorial gov-
                                                                       18               ernments, and the private sector to—
                                                                       19                                  (A) prevent, detect, respond to, and pre-
                                                                       20                         pare for future epidemics and pandemics,
                                                                       21                         whether naturally occurring or caused by State
                                                                       22                         or non-State actors, and other public health
                                                                       23                         emergencies;
                                                                       24                                  (B) protect the health security of the



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                                                                       25                         United States; and


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                                                                         1                                 (C) reestablish the role of the United
                                                                         2                        States as a global leader in epidemic and pan-
                                                                         3                        demic preparedness and response.
                                                                         4     SEC. 5. COMPOSITION OF THE COMMISSION.

                                                                         5              (a) MEMBERS.—The Commission shall be comprised
                                                                         6 of 10 members, of whom—
                                                                         7                        (1) 1 member shall be appointed by the Presi-
                                                                         8              dent, who shall serve as the chair of the Commis-
                                                                         9              sion;
                                                                       10                         (2) 1 member shall—
                                                                       11                                  (A) be appointed by the leader of the Sen-
                                                                       12                         ate who represents the major political party
                                                                       13                         that the President does not represent, in con-
                                                                       14                         sultation with the leader of the House of Rep-
                                                                       15                         resentatives from the same political party; and
                                                                       16                                  (B) serve as the vice chair of the Commis-
                                                                       17                         sion;
                                                                       18                         (3) 2 members shall be appointed by the senior
                                                                       19               member of the Senate leadership of the Democratic
                                                                       20               Party;
                                                                       21                         (4) 2 members shall be appointed by the senior
                                                                       22               member of the Senate leadership of the Republican
                                                                       23               Party;




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                                                                         1                        (5) 2 members shall be appointed by the senior
                                                                         2              member of the leadership of the House of Represent-
                                                                         3              atives of the Republican Party; and
                                                                         4                        (6) 2 members shall be appointed by the senior
                                                                         5              member of the leadership of the House of Represent-
                                                                         6              atives of the Democratic Party.
                                                                         7              (b) QUALIFICATIONS.—
                                                                         8                        (1) POLITICAL PARTY AFFILIATION.—Not more
                                                                         9              than 5 members of the Commission shall be from
                                                                       10               the same political party.
                                                                       11                         (2) NONGOVERNMENTAL APPOINTEES.—An in-
                                                                       12               dividual appointed to the Commission shall not—
                                                                       13                                  (A) be an officer or employee of the Fed-
                                                                       14                         eral Government or any State, Tribal, local, or
                                                                       15                         territorial government, except in the case of a
                                                                       16                         State employee who works at a public institu-
                                                                       17                         tion of higher education or State-funded re-
                                                                       18                         search institution; or
                                                                       19                                  (B) have held a position in any agency, of-
                                                                       20                         fice, or other establishment in the executive,
                                                                       21                         legislative, or judicial branch of the Federal
                                                                       22                         Government, the functions and duties of which
                                                                       23                         included             planning,          coordinating,                 or   imple-
                                                                       24                         menting any aspect of the Federal Government



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                                                                       25                         response to the public health emergency de-


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                                                                         1                        clared by the Secretary of Health and Human
                                                                         2                        Services under section 319 of the Public Health
                                                                         3                        Service Act (42 U.S.C. 247d) on January 31,
                                                                         4                        2020, with respect to COVID–19, including a
                                                                         5                        position that required the individual holding the
                                                                         6                        position to attend meetings relating to that re-
                                                                         7                        sponse.
                                                                         8                        (3) ETHICS               AND         CONFLICTS                 REPORT.—The

                                                                         9              Commission shall hire an ethics counsel, and not
                                                                       10               later than 30 days after the initial meeting of the
                                                                       11               Commission, the ethics counsel shall submit a de-
                                                                       12               tailed plan for identifying and resolving potential
                                                                       13               and actual conflicts of interest by any member of the
                                                                       14               Commission, including of an ethical, financial, or
                                                                       15               personal nature, or that could lead a reasonable per-
                                                                       16               son to conclude a conflict may exist, to the relevant
                                                                       17               committees of Congress
                                                                       18                         (4) OTHER QUALIFICATIONS.—
                                                                       19                                  (A) GOVERNORS,                       PUBLIC            HEALTH   EX-

                                                                       20                         PERTS, AND ECONOMIC POLICY EXPERTS.—In

                                                                       21                         appointing members to the Commission, the ap-
                                                                       22                         pointing individuals described in subsection (a)
                                                                       23                         of the same political party shall coordinate to
                                                                       24                         ensure that the members appointed by each po-



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                                                                       25                         litical party include—


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                                                                         1                                        (i) at least 1 former governor of a
                                                                         2                                 State;
                                                                         3                                        (ii) at least 1 public health expert;
                                                                         4                                 and
                                                                         5                                        (iii) at least 1 economic policy expert.
                                                                         6                                 (B) SENSE OF CONGRESS.—It is the sense
                                                                         7                        of Congress that individuals appointed to the
                                                                         8                        Commission should be prominent United States
                                                                         9                        citizens, with national recognition and signifi-
                                                                       10                         cant depth of experience in such professions as
                                                                       11                         governmental service, public health, global
                                                                       12                         health, infectious diseases, pandemic prepared-
                                                                       13                         ness and response, humanitarian response and
                                                                       14                         relief, scientific research, public administration,
                                                                       15                         intelligence gathering, commerce, national secu-
                                                                       16                         rity, and foreign affairs.
                                                                       17                         (5) TIMELINE FOR APPOINTMENT.—All mem-
                                                                       18               bers of the Commission shall be appointed not later
                                                                       19               than 60 days after the date of enactment of this
                                                                       20               Act.
                                                                       21                         (6) VACANCIES.—Any vacancy in the Commis-
                                                                       22               sion shall not affect its powers, but shall be filled in
                                                                       23               the same manner in which the original appointment
                                                                       24               was made.



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                                                                       25               (c) MEETINGS.—


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                                                                         1                        (1) INITIAL MEETING.—The Commission shall
                                                                         2              meet and begin the operations of the Commission
                                                                         3              within 45 days after the appointment of all Commis-
                                                                         4              sion members.
                                                                         5                        (2) ADDITIONAL MEETINGS.—After the initial
                                                                         6              meeting of the Commission, the Commission shall
                                                                         7              meet upon the call of the chair or a majority of the
                                                                         8              members of the Commission.
                                                                         9                        (3) QUORUM.—Six members of the Commission
                                                                       10               shall constitute a quorum. If required for public
                                                                       11               health reasons, Commission members may attend
                                                                       12               meetings virtually and virtual attendance shall count
                                                                       13               towards constituting a quorum.
                                                                       14      SEC. 6. FUNCTIONS OF THE COMMISSION.

                                                                       15               The functions of the Commission are to—
                                                                       16                         (1) conduct an investigation that—
                                                                       17                                  (A) addresses the purposes described in
                                                                       18                         section 4;
                                                                       19                                  (B) investigates relevant facts and cir-
                                                                       20                         cumstances relating to the COVID–19 pan-
                                                                       21                         demic in the United States, including prepared-
                                                                       22                         ness for, and the response to, the COVID–19
                                                                       23                         pandemic by the Federal Government and, as
                                                                       24                         appropriate, State, Tribal, territorial, and local



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                                                                       25                         governments, including any relevant legislation,


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                                                                         1                        Executive order, regulation, plan, policy, prac-
                                                                         2                        tice, or procedure;
                                                                         3                                 (C)         includes         relevant            facts       and   cir-
                                                                         4                        cumstances relating to—
                                                                         5                                         (i) domestic and international public
                                                                         6                                 health agencies;
                                                                         7                                         (ii) health care agencies;
                                                                         8                                         (iii) financial, labor and housing agen-
                                                                         9                                 cies;
                                                                       10                                          (iv) education agencies;
                                                                       11                                          (v) intelligence agencies;
                                                                       12                                          (vi) defense and national security
                                                                       13                                  agencies;
                                                                       14                                          (vii) diplomacy and development agen-
                                                                       15                                  cies;
                                                                       16                                          (viii) White House offices and coun-
                                                                       17                                  cils;
                                                                       18                                          (ix) health care organizations;
                                                                       19                                          (x) private sector entities;
                                                                       20                                          (xi) scientific research agencies;
                                                                       21                                          (xii) immigration and border control
                                                                       22                                  agencies;
                                                                       23                                          (xiii) international trade organiza-
                                                                       24                                  tions;



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                                                                       25                                          (xiv) Congress;


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                                                                         1                                        (xv) State, Tribal, local, and terri-
                                                                         2                                 torial government agencies;
                                                                         3                                        (xvi) the role of congressional and
                                                                         4                                 State government oversight and resource
                                                                         5                                 allocation; and
                                                                         6                                        (xvii) other areas of the public and
                                                                         7                                 private sectors determined relevant by the
                                                                         8                                 Commission for its inquiry;
                                                                         9                                 (D) coordinates with and reviews the find-
                                                                       10                         ings, conclusions, and recommendations of
                                                                       11                         other relevant international, executive branch,
                                                                       12                         congressional, State, or independent commission
                                                                       13                         investigations into the COVID–19 pandemic, to
                                                                       14                         the extent determined appropriate by Commis-
                                                                       15                         sion members; and
                                                                       16                                  (E) may include a comparative analysis of
                                                                       17                         relevant domestic or international best prac-
                                                                       18                         tices;
                                                                       19                         (2) identify, review, and evaluate the lessons
                                                                       20               learned from the COVID–19 pandemic regarding the
                                                                       21               structure, coordination, management policies, and
                                                                       22               procedures of the Federal Government, State, Trib-
                                                                       23               al, local, and territorial governments, and non-
                                                                       24               governmental entities relative to detecting, pre-



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                                                                       25               venting, and responding to—


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                                                                         1                                 (A) epidemics and pandemics, whether nat-
                                                                         2                        urally occurring or caused by State or non-
                                                                         3                        State actors; and
                                                                         4                                 (B) other public health emergencies; and
                                                                         5                        (3) submit to the President and Congress such
                                                                         6              reports as are required by this Act containing such
                                                                         7              findings, conclusions, and legislative, regulatory, and
                                                                         8              policy recommendations as the Commission shall de-
                                                                         9              termine, including proposing organization, coordina-
                                                                       10               tion, planning, management arrangements, proce-
                                                                       11               dures, rules, and regulations.
                                                                       12      SEC. 7. POWERS OF THE COMMISSION.

                                                                       13               (a) IN GENERAL.—
                                                                       14                         (1) HEARINGS AND EVIDENCE.—The Commis-
                                                                       15               sion or, on the authority of the Commission, any
                                                                       16               subcommittee or member thereof, may, for the pur-
                                                                       17               pose of carrying out this Act—
                                                                       18                                  (A) hold such hearings, sit and act at such
                                                                       19                         times and places, take such testimony, receive
                                                                       20                         such evidence, and administer such oaths as the
                                                                       21                         Commission or such designated subcommittee
                                                                       22                         or designated member may determine advisable;
                                                                       23                         and
                                                                       24                                  (B) subject to paragraph (2)(A), require,



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                                                                       25                         by subpoena or otherwise, the attendance and


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                                                                         1                        testimony of such witnesses and the production
                                                                         2                        of such written, recorded, and electronic mate-
                                                                         3                        rials as the Commission or such designated sub-
                                                                         4                        committee or designated member may deter-
                                                                         5                        mine         advisable,              including                 correspondence,
                                                                         6                        memoranda, diplomatic cables, papers, docu-
                                                                         7                        ments, reports, books, notes, records, text mes-
                                                                         8                        sages, emails, voicemails, and communications,
                                                                         9                        including communications sent from or received
                                                                       10                         on both official and personal accounts and de-
                                                                       11                         vices.
                                                                       12                         (2) SUBPOENAS.—
                                                                       13                                  (A) ISSUANCE.—
                                                                       14                                         (i) IN GENERAL.—A subpoena may be
                                                                       15                                  issued under this subsection only—
                                                                       16                                                  (I) by the agreement of the chair
                                                                       17                                         and the vice chair; or
                                                                       18                                                  (II) by the affirmative vote of a
                                                                       19                                         majority of the members of the Com-
                                                                       20                                         mission.
                                                                       21                                         (ii) SIGNATURE.—Subject to clause
                                                                       22                                  (i), subpoenas issued under this subsection
                                                                       23                                  may be issued under the signature of the
                                                                       24                                  chair or any member designated by a ma-



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                                                                       25                                  jority of the Commission, and may be


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                                                                         1                                 served by any person designated by the
                                                                         2                                 chair or by a member designated by a ma-
                                                                         3                                 jority of the Commission.
                                                                         4                                 (B) ENFORCEMENT.—
                                                                         5                                        (i) IN GENERAL.—In the case of con-
                                                                         6                                 tumacy or failure to obey a subpoena
                                                                         7                                 issued under this subsection, the United
                                                                         8                                 States district court for the judicial district
                                                                         9                                 in which the subpoenaed person resides, is
                                                                       10                                  served, or may be found, or where the sub-
                                                                       11                                  poena is returnable, may issue an order re-
                                                                       12                                  quiring such person to appear at any des-
                                                                       13                                  ignated place to testify or to produce docu-
                                                                       14                                  mentary or other evidence. Any failure to
                                                                       15                                  obey the order of the court may be pun-
                                                                       16                                  ished by the court as a contempt of that
                                                                       17                                  court.
                                                                       18                                         (ii) ADDITIONAL ENFORCEMENT.—In
                                                                       19                                  the case of any failure of any witness to
                                                                       20                                  comply with any subpoena or to testify
                                                                       21                                  when summoned under authority of this
                                                                       22                                  section, the Commission may, by majority
                                                                       23                                  vote, certify a statement of fact consti-
                                                                       24                                  tuting such failure to the appropriate



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                                                                       25                                  United States attorney, who may bring the


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                                                                         1                                 matter before the grand jury for its action,
                                                                         2                                 under the same statutory authority and
                                                                         3                                 procedures as if the United States attorney
                                                                         4                                 had received a certification under sections
                                                                         5                                 102 through 104 of the Revised Statutes
                                                                         6                                 of the United States (2 U.S.C. 192
                                                                         7                                 through 194).
                                                                         8              (b) CONTRACTING.—The Commission may, to such
                                                                         9 extent and in such amounts as are provided in appropria-
                                                                       10 tion Acts, enter into contracts to enable the Commission
                                                                       11 to discharge its duties under this Act.
                                                                       12               (c) INFORMATION FROM FEDERAL AGENCIES.—
                                                                       13                         (1) IN GENERAL.—The Commission is author-
                                                                       14               ized to secure directly from any executive depart-
                                                                       15               ment, bureau, agency, board, commission, office,
                                                                       16               independent establishment, or instrumentality of the
                                                                       17               Government, information, suggestions, estimates,
                                                                       18               and statistics for the purposes of this Act. Notwith-
                                                                       19               standing any other law or any assertion of privilege,
                                                                       20               each department, bureau, agency, board, commis-
                                                                       21               sion, office, independent establishment, or instru-
                                                                       22               mentality shall furnish, without redaction, such
                                                                       23               records, information, suggestions, estimates, and
                                                                       24               statistics directly to the Commission, upon request



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                                                                       25               made by the chair, the chair of any subcommittee


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                                                                         1              created by a majority of the Commission, or any
                                                                         2              member designated by a majority of the Commis-
                                                                         3              sion.
                                                                         4                        (2) RECEIPT, HANDLING, STORAGE, AND DIS-
                                                                         5              SEMINATION.—Information                               shall only be received,
                                                                         6              handled, stored, and disseminated by members of
                                                                         7              the Commission and its staff consistent with all ap-
                                                                         8              plicable statutes, regulations, and Executive orders.
                                                                         9              (d) ASSISTANCE FROM FEDERAL AGENCIES.—
                                                                       10                         (1) GENERAL                     SERVICES           ADMINISTRATION.—

                                                                       11               The Administrator of General Services shall provide
                                                                       12               to the Commission on a reimbursable basis adminis-
                                                                       13               trative support and other services for the perform-
                                                                       14               ance of the Commission’s functions.
                                                                       15                         (2) OTHER DEPARTMENTS AND AGENCIES.—In
                                                                       16               addition to the assistance prescribed in paragraph
                                                                       17               (1), departments and agencies of the United States
                                                                       18               may provide to the Commission such services, funds,
                                                                       19               facilities, staff, and other support services as the de-
                                                                       20               partments and agencies may determine advisable
                                                                       21               and as may be authorized by law.
                                                                       22               (e) GIFTS.—The Commission may accept, use, and
                                                                       23 dispose of gifts or donations of services or property.
                                                                       24               (f) POSTAL SERVICES.—The Commission may use



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                                                                       25 the United States mails in the same manner and under


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                                                                         1 the same conditions as departments and agencies of the
                                                                         2 United States.
                                                                         3     SEC. 8. NONAPPLICABILITY OF THE FEDERAL ADVISORY

                                                                         4                             COMMISSION ACT.

                                                                         5              (a) IN GENERAL.—The Federal Advisory Committee
                                                                         6 Act (5 U.S.C. App.) shall not apply to the Commission.
                                                                         7              (b) PUBLIC MEETINGS AND RELEASE OF PUBLIC
                                                                         8 VERSIONS OF REPORTS.—The Commission shall—
                                                                         9                        (1) hold public hearings and meetings to the ex-
                                                                       10               tent appropriate; and
                                                                       11                         (2) release public versions of the reports re-
                                                                       12               quired under subsections (a) and (b) of section 13.
                                                                       13               (c) PUBLIC HEARINGS.—Any public hearings of the
                                                                       14 Commission shall be conducted in a manner consistent
                                                                       15 with the protection of information provided to or developed
                                                                       16 for or by the Commission as required by any applicable
                                                                       17 statute, regulation, or Executive order.
                                                                       18      SEC. 9. RECORD RETENTION.

                                                                       19               (a)        COMMISSION                     RECORDS.—The                      Commission
                                                                       20 shall—
                                                                       21                         (1) preserve the records and documents of the
                                                                       22               Commission; and
                                                                       23                         (2) make such records and documents available
                                                                       24               to the National Archives not later than 120 days fol-



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                                                                         1              lowing the submission of the Commission’s final re-
                                                                         2              port.
                                                                         3              (b) FUTURE ACCESS.—Following the termination of
                                                                         4 the Commission, the Secretary of the Senate shall be re-
                                                                         5 sponsible for facilitating access to the publicly available
                                                                         6 records and documents of the Commission, as if they were
                                                                         7 Senate records, for researchers, interested parties, and the
                                                                         8 general public.
                                                                         9              (c) OFFICIAL ELECTRONIC ACCOUNTS FOR COMMIS-
                                                                       10      SION BUSINESS.—When conducting any Commission busi-

                                                                       11 ness on electronic accounts, members and staff of the
                                                                       12 Commission shall use official Commission electronic ac-
                                                                       13 counts.
                                                                       14      SEC. 10. STAFF OF THE COMMISSION.

                                                                       15               (a) IN GENERAL.—
                                                                       16                         (1) APPOINTMENT AND COMPENSATION.—The
                                                                       17               chair, in consultation with the vice chair and in ac-
                                                                       18               cordance with rules agreed upon by the Commission,
                                                                       19               may appoint and fix the compensation of a staff di-
                                                                       20               rector and such other personnel as may be necessary
                                                                       21               to enable the Commission to carry out its functions,
                                                                       22               without regard to the provisions of title 5, United
                                                                       23               States Code, governing appointments in the competi-
                                                                       24               tive service, and without regard to the provisions of



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                                                                       25               chapter 51 and subchapter III of chapter 53 of such


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                                                                         1              title relating to classification and General Schedule
                                                                         2              pay rates, except that no rate of pay fixed under this
                                                                         3              subsection may exceed the equivalent of that payable
                                                                         4              for a position at level V of the Executive Schedule
                                                                         5              under section 5316 of such title.
                                                                         6                        (2) NONPARTISAN STAFF.—The staff director
                                                                         7              shall be responsible for the day-to-day authority over
                                                                         8              the activities of the personnel of the Commission,
                                                                         9              and the staff director and any other personnel of the
                                                                       10               Commission shall be hired without regard to political
                                                                       11               affiliation.
                                                                       12                         (3) PERSONNEL AS FEDERAL EMPLOYEES.—
                                                                       13                                  (A) IN GENERAL.—The staff director and
                                                                       14                         any personnel of the Commission who are em-
                                                                       15                         ployees shall be employees under section 2105
                                                                       16                         of title 5, United States Code, for purposes of
                                                                       17                         chapters 63, 81, 83, 84, 85, 87, 89, and 90 of
                                                                       18                         that title.
                                                                       19                                  (B) MEMBERS OF COMMISSION.—Subpara-
                                                                       20                         graph (A) shall not be construed to apply to
                                                                       21                         members of the Commission.
                                                                       22               (b) DETAILEES.—Any Federal Government employee
                                                                       23 may be detailed to the Commission without reimbursement
                                                                       24 from the Commission, and such detailee shall retain the



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                                                                         1 rights, status, and privileges of his or her regular employ-
                                                                         2 ment without interruption.
                                                                         3              (c) CONSULTANT SERVICES.—The Commission is au-
                                                                         4 thorized to procure the services of experts and consultants
                                                                         5 in accordance with section 3109 of title 5, United States
                                                                         6 Code, but at rates not to exceed the daily rate paid a per-
                                                                         7 son occupying a position at level IV of the Executive
                                                                         8 Schedule under section 5315 of title 5, United States
                                                                         9 Code.
                                                                       10      SEC. 11. COMPENSATION AND TRAVEL EXPENSES.

                                                                       11               (a) COMPENSATION.—Each member of the Commis-
                                                                       12 sion may be compensated at not to exceed the daily equiva-
                                                                       13 lent of the annual rate of basic pay in effect for a position
                                                                       14 at level IV of the Executive Schedule under section 5315
                                                                       15 of title 5, United States Code, for each day during which
                                                                       16 that member is engaged in the actual performance of the
                                                                       17 duties of the Commission.
                                                                       18               (b) TRAVEL EXPENSES.—While away from their
                                                                       19 homes or regular places of business in the performance
                                                                       20 of services for the Commission, members of the Commis-
                                                                       21 sion shall be allowed travel expenses, including per diem
                                                                       22 in lieu of subsistence, in the same manner as persons em-
                                                                       23 ployed intermittently in the Government service are al-
                                                                       24 lowed expenses under section 5703 of title 5, United



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                                                                       25 States Code.


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                                                                         1     SEC. 12. SECURITY CLEARANCES FOR COMMISSION MEM-

                                                                         2                             BERS AND STAFF.

                                                                         3              The appropriate Federal agencies or departments
                                                                         4 shall cooperate with the Commission in expeditiously pro-
                                                                         5 viding to the Commission members and staff appropriate
                                                                         6 security clearances to the extent possible pursuant to ex-
                                                                         7 isting procedures and requirements, except that no person
                                                                         8 shall be provided with access to classified information
                                                                         9 under this Act without the appropriate security clearances.
                                                                       10      SEC. 13. REPORTS OF THE COMMISSION; TERMINATION.

                                                                       11               (a) INTERIM REPORTS.—The Commission may sub-
                                                                       12 mit to the President and Congress interim reports con-
                                                                       13 taining such findings, conclusions, and recommendations
                                                                       14 for corrective measures as have been agreed to by a major-
                                                                       15 ity of Commission members.
                                                                       16               (b) FINAL REPORT.—
                                                                       17                         (1) IN GENERAL.—Not later than 18 months
                                                                       18               after the date of appointment of all members of the
                                                                       19               Commission, the Commission shall submit to the
                                                                       20               President and the relevant committees of Congress
                                                                       21               a final report containing such findings, conclusions,
                                                                       22               and recommendations for corrective measures and
                                                                       23               reforms as have been agreed to by a majority of the
                                                                       24               members of the Commission.




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                                                                       25                         (2) SENSE OF CONGRESS.—It is the sense of
                                                                       26               Congress that the members of the Commission
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                                                                         1              should make the utmost effort to produce a com-
                                                                         2              prehensive, fact-based, evidentiary, nonpartisan, and
                                                                         3              actionable final report.
                                                                         4              (c) ACCESSIBILITY.—The final report shall—
                                                                         5                        (1) simultaneously be made publicly available
                                                                         6              on an internet website;
                                                                         7                        (2) be written in plain language, to the extent
                                                                         8              deemed practicable by the Commission; and
                                                                         9                        (3) be made available in accessible formats and
                                                                       10               multiple languages, to the extent determined prac-
                                                                       11               ticable by the Commission.
                                                                       12               (d) ALTERNATIVE MEDIUMS.—The Commission may
                                                                       13 use alternative mediums to communicate key findings
                                                                       14 from the final report to as many people of the United
                                                                       15 States as possible.
                                                                       16               (e) EXTENSIONS.—The submission and publication of
                                                                       17 the final report, as described in subsection (b), may be
                                                                       18 delayed by 90 days upon the agreement of a majority of
                                                                       19 the members of the Commission. The Commission may
                                                                       20 make not more than three 90-day extensions. The Com-
                                                                       21 mission shall notify the President, Congress, and the pub-
                                                                       22 lic of each such extension.
                                                                       23               (f) TERMINATION.—
                                                                       24                         (1) IN GENERAL.—The Commission, and all the



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                                                                       25               authorities of this Act, shall terminate 120 days


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                                                                         1              after the date on which the final report is submitted
                                                                         2              under subsection (b).
                                                                         3                        (2) ADMINISTRATIVE ACTIVITIES BEFORE TER-
                                                                         4              MINATION.—The Commission may use the 120-day

                                                                         5              period referred to in paragraph (1) for the purpose
                                                                         6              of concluding its activities, including providing testi-
                                                                         7              mony to committees of Congress concerning its re-
                                                                         8              ports and disseminating the final report.
                                                                         9              (g) GOVERNMENT ACCOUNTABILITY OFFICE RE-
                                                                       10      PORT.—

                                                                       11                         (1) MONITORING.—The Comptroller General of
                                                                       12               the United States shall monitor the implementation
                                                                       13               of any Commission recommendations included in the
                                                                       14               final report.
                                                                       15                         (2) REPORTS.—
                                                                       16                                  (A) IN GENERAL.—One year after the final
                                                                       17                         Commission report is submitted under sub-
                                                                       18                         section (b), and each year thereafter for the fol-
                                                                       19                         lowing 3 years, the Comptroller General shall
                                                                       20                         submit to Congress a report regarding the sta-
                                                                       21                         tus of the Commission recommendations that—
                                                                       22                                         (i) identifies each recommendation as
                                                                       23                                  open or closed; and
                                                                       24                                         (ii) provides a description of actions



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                                                                       25                                  taken in response to each recommendation.


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                                                                         1                                 (B) SCOPE OF REPORTS.—Each report re-
                                                                         2                        quired under subparagraph (A) shall not pro-
                                                                         3                        vide a critical assessment of the merit or value
                                                                         4                        of any Commission recommendation included in
                                                                         5                        the final Commission report.
                                                                         6     SEC. 14. FUNDING.

                                                                         7              (a) AUTHORIZATION OF APPROPRIATIONS.—There
                                                                         8 are authorized to be appropriated to carry out this Act
                                                                         9 $50,000,000.
                                                                       10               (b) DURATION OF AVAILABILITY.—Amounts made
                                                                       11 available to the Commission under subsection (a) shall re-
                                                                       12 main available until the termination of the Commission.
                                                                                                                                  Æ




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