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Congressional Record, Senate, November 4, 2021, Page S7808

Summary

A page of the Congressional Record, Senate, dated November 4, 2021, at page S7808, under the heading Text of Amendments. It lists SA 4550, submitted by Mr. Thune to H.R. 4350, and SA 4277, submitted by Mr. Menendez with Ms. Collins, Mr. Brown and Mr. Kaine to amendment SA 3867 submitted by Mr. Reed. The text of SA 4277 sets out matters a review would cover, including communication and coordination among Federal agencies on public health threats and early warning, federal guidance for State and local governments, acquisition and supply chain efforts under the Defense Production Act of 1950, the response of institutions such as hospitals, nursing facilities, prisons and schools, and Federal economic relief programs.

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Cite this document

“Congressional Record, Senate, November 4, 2021, Page S7808.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-11-04-crec-2021-11-04-pt1-pgs7808-2-d326180109/, SHA-256 fd66b9e94732d76a22d53123aa6c5ae71ab32cddc6f98344e825b5df24bf3c69.

Full text

                                             S7808                                             CONGRESSIONAL RECORD — SENATE                                                     November 4, 2021
                                               SA 4550. Mr. THUNE submitted an amend-                health threats and early warning, detection,             (V) the preparedness and response of spe-
                                             ment intended to be proposed by him to the              and prevention and response measures;                  cific types of institutions that experienced
                                             bill H.R. 4350, supra; which was ordered to lie           (E) communication and coordination re-               high rates of COVID–19 infection or that are
                                             on the table.                                           lated to public health threats and early               critical to national security, which may in-
                                                              f                                      warning, detection, and prevention and re-             clude—
                                                                                                     sponse measures among the Federal national               (i) hospitals;
                                                    TEXT OF AMENDMENTS                               security agencies, Federal public health                 (ii) skilled nursing facilities and nursing
                                                                                                     agencies, other relevant Federal agencies,             facilities;
                                               SA 4277. Mr. MENENDEZ (for him-                       and State, Tribal, local, and territorial gov-           (iii) assisted living facilities;
                                             self, Ms. COLLINS, Mr. BROWN, and Mr.                   ernments;                                                (iv) prisons, jails, and immigration deten-
                                             KAINE) submitted an amendment in-                         (F) Federal funding and support for, en-             tion centers;
                                             tended to be proposed to amendment                      gagement with, and management of, inter-                 (v) elementary and secondary schools and
                                             SA 3867 submitted by Mr. REED and in-                   national prevention, preparedness, and re-             institutions of higher education;
                                             tended to be proposed to the bill H.R.                  sponse efforts;                                          (vi) food production, processing, and dis-
                                             4350, to authorize appropriations for                     (G) Federal guidance, assistance, and re-            tribution facilities;
                                                                                                     quirements for State, Tribal, local, and terri-          (vii) other congregate settings and con-
                                             fiscal year 2022 for military activities                torial governments;                                    fined or high-density workplaces; and
                                             of the Department of Defense, for mili-                   (H) Federal acquisition and financing ef-              (viii) other critical infrastructure facili-
                                             tary construction, and for defense ac-                  forts and supply chain management, includ-             ties;
                                             tivities of the Department of Energy,                   ing use of the authorities provided under the            (W) Federal economic relief programs, in-
                                             to    prescribe     military  personnel                 Defense Production Act of 1950 (50 U.S.C. 4501         cluding—
                                             strengths for such fiscal year, and for                 et seq.), related to personal protective equip-          (i) loan, grant, and other financial assist-
                                             other purposes; which was ordered to                    ment, testing supplies, ventilators and other          ance;
                                                                                                     medical equipment or supplies, diagnostics,              (ii) unemployment insurance;
                                             lie on the table; as follows:                           therapeutics, vaccines, or other relevant                (iii) tax and loan deferment;
                                               At the appropriate place, insert the fol-             items for domestic and international use;                (iv) direct payments;
                                             lowing:                                                   (I) management, allocation, and distribu-              (v) rental and mortgage assistance, evic-
                                             TITLE ll—COMMISSION ON THE CORONAVIRUS                  tion of relevant resources (including re-              tion moratoria, and foreclosure relief; and
                                                         PANDEMIC IN THE UNITED STATES               sources and assets for domestic use held by
                                             SEC. l01. SHORT TITLE.                                                                                           (vi) fiscal relief to States, Tribes, local-
                                                                                                     United States agencies that provide foreign            ities, and territories;
                                              This title may be cited as the ‘‘National              aid) between the Federal Government and                  (X) health and economic impacts on under-
                                             Coronavirus Commission Act of 2021’’.                   State, Tribal, local, and territorial govern-          served communities, rural populations, ra-
                                             SEC. l02. DEFINITIONS.                                  ments, hospitals and health care organiza-             cial and ethnic minority populations, older
                                               In this title:                                        tions, and private sector entities, including          adults, and all other populations with rel-
                                               (1) COVID–19.—The term ‘‘COVID–19’’                   personal protective equipment, testing sup-            evant health or economic disparities, which
                                             means the 2019 novel coronavirus disease.               plies, ventilators and other medical equip-
                                                                                                                                                            may include—
                                               (2) RELEVANT COMMITTEES OF CONGRESS.—                 ment or supplies, diagnostics, therapeutics,
                                                                                                                                                              (i) immigrant populations;
                                             The term ‘‘relevant committees of Con-                  vaccines, or other relevant items;
                                                                                                                                                              (ii) lesbian, gay, bisexual, transgender, and
                                             gress’’—                                                  (J) management, allocation, and distribu-
                                                                                                                                                            queer individuals;
                                               (A) means all committees for which infor-             tion of personal protective equipment, test-
                                                                                                                                                              (iii) people with disabilities;
                                             mation in the report or plan being provided             ing supplies, ventilators and other medical
                                                                                                                                                              (iv) people who live on or near Indian res-
                                             might be relevant; and                                  equipment or supplies, diagnostics, thera-
                                                                                                                                                            ervations or in Alaska Native villages;
                                               (B) includes, at a minimum—                           peutics, vaccines, or other relevant items as
                                                                                                                                                              (v) residents of territories of the United
                                               (i) the Committee on Health, Education,               aid to foreign countries;
                                                                                                                                                            States; and
                                             Labor, and Pensions, the Committee on Fi-                 (K) domestic and global supply chain
                                                                                                     vulnerabilities with respect to personal pro-            (vi) veterans;
                                             nance, the Committee on Foreign Relations,                                                                       (Y) the division of authority and respon-
                                             the Committee on Banking, Housing, and                  tective equipment, testing supplies, ventila-
                                                                                                     tors and other medical equipment or sup-               sibilities between the Federal Government
                                             Urban Affairs, the Committee on Homeland                                                                       and State, Tribal, local, and territorial gov-
                                             Security and Government Affairs, the Com-               plies, diagnostics, therapeutics, vaccines, or
                                                                                                     other relevant items;                                  ernments;
                                             mittee on Appropriations, and the Select                                                                         (Z) any other aspect of Federal, State,
                                             Committee on Intelligence of the Senate;                  (L) the operation of government-main-
                                                                                                     tained stockpiles;                                     Tribal, local, and territorial government pre-
                                             and                                                                                                            paredness and response; and
                                               (ii) the Committee on Energy and Com-                   (M) scams and profiteering;
                                                                                                       (N) misinformation and disinformation;                 (AA) other areas as determined relevant
                                             merce, the Committee on Ways and Means,                                                                        and appropriate by the Commission (by
                                             the Committee on Foreign Affairs, the Com-                (O) the readiness of Federal, State, Tribal,
                                                                                                     local, and territorial public health depart-           agreement of the chair and vice chair of the
                                             mittee on Oversight and Reform, the Com-                                                                       Commission); and
                                                                                                     ments and agencies and relevant regional en-
                                             mittee on Homeland Security, the Com-                                                                            (3) investigate and report to the President
                                                                                                     tities;
                                             mittee on Appropriations, and the Perma-                                                                       and Congress on its findings, conclusions,
                                                                                                       (P) testing and contact tracing operations;
                                             nent Select Committee on Intelligence of the                                                                   and recommendations to improve the ability
                                                                                                       (Q) emergency management;
                                             House of Representatives.                                                                                      of the Federal Government, State, Tribal,
                                                                                                       (R) military engagement, including the
                                             SEC. l03. ESTABLISHMENT OF COMMISSION.                                                                         local, and territorial governments, and the
                                                                                                     National Guard Bureau;
                                               There is established in the legislative                 (S) Federal, State, Tribal, local, and terri-        private sector to—
                                             branch the Commission on the Coronavirus                torial orders and guidance to reduce disease             (A) prevent, detect, respond to, and prepare
                                             Pandemic in the United States (referred to              transmission, including travel restrictions,           for future epidemics and pandemics, whether
                                             in this title as the ‘‘Commission’’).                   stay-at-home orders, in-person school and in-          naturally occurring or caused by State or
                                             SEC. l04. PURPOSES.                                     stitution of higher education closures or              non-State actors, and other public health
                                               The purposes of the Commission are to—                modifications, workplace protections or clo-           emergencies;
                                               (1) examine and report on the facts and the           sures, or business closures or modifications;            (B) protect the health security of the
                                             causes relating to the COVID–19 pandemic in               (T) Federal, State, Tribal, local, and terri-        United States; and
                                             the United States, which may include inves-             torial guidance, public health education, and            (C) reestablish the role of the United
                                             tigating and reporting on—                              resource provision related to masking, social          States as a global leader in epidemic and
                                               (A) the origins of COVID–19; and                      distancing, hygiene, therapeutics, testing,            pandemic preparedness and response.
                                               (B) the spread of COVID–19 internationally            quarantining, vaccination, or other relevant           SEC. l05. COMPOSITION OF THE COMMISSION.
                                             and within the United States;                           topics;                                                  (a) MEMBERS.—The Commission shall be
                                               (2) make a full and nonpartisan accounting              (U) scientific and technological prepared-           comprised of 10 members, of whom—
                                             of the United States’ preparedness for, and             ness and response, which may include—                    (1) 1 member shall be appointed by the
                                             response to, the COVID–19 pandemic, to in-                (i) the Federal role in executing, sup-              President, who shall serve as the chair of the
                                             clude investigating and reporting on—                   porting, and coordinating domestic and glob-           Commission;
                                               (A) medical intelligence;                             al research on diagnostics, therapeutics, and            (2) 1 member shall—
                                               (B) international public health surveil-              vaccines;                                                (A) be appointed by the leader of the Sen-




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                                             lance;                                                    (ii) the efficacy and scientific integrity of        ate who represents the major political party
                                               (C) domestic public health surveillance;              the Federal authorization and approval proc-           that the President does not represent, in
                                               (D) communication and coordination be-                esses    for   vaccines,   therapeutics,   and         consultation with the leader of the House of
                                             tween the Federal Government and foreign                diagnostics; and                                       Representatives from the same political
                                             governments, the private sector, nongovern-               (iii) the use of technology to detect and            party; and
                                             mental organizations, and international pub-            prevent contagion, including privacy con-                (B) serve as the vice chair of the Commis-
                                             lic health organizations related to public              cerns;                                                 sion;




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                                             November 4, 2021                                  CONGRESSIONAL RECORD — SENATE                                                                     S7809
                                               (3) 2 members shall be appointed by the                 (2) ADDITIONAL MEETINGS.—After the initial             (A) hold such hearings, sit and act at such
                                             senior member of the Senate leadership of               meeting of the Commission, the Commission              times and places, take such testimony, re-
                                             the Democratic Party;                                   shall meet upon the call of the chair or a ma-         ceive such evidence, and administer such
                                               (4) 2 members shall be appointed by the               jority of the members of the Commission.               oaths as the Commission or such designated
                                             senior member of the Senate leadership of                 (3) QUORUM.—Six members of the Commis-               subcommittee or designated member may
                                             the Republican Party;                                   sion shall constitute a quorum. If required            determine advisable; and
                                               (5) 2 members shall be appointed by the               for public health reasons, Commission mem-               (B) subject to paragraph (2)(A), require, by
                                             senior member of the leadership of the House            bers may attend meetings virtually and vir-            subpoena or otherwise, the attendance and
                                             of Representatives of the Republican Party;             tual attendance shall count towards consti-            testimony of such witnesses and the produc-
                                             and                                                     tuting a quorum.                                       tion of such written, recorded, and electronic
                                               (6) 2 members shall be appointed by the               SEC. l06. FUNCTIONS OF THE COMMISSION.                 materials as the Commission or such des-
                                             senior member of the leadership of the House              The functions of the Commission are to—              ignated subcommittee or designated member
                                             of Representatives of the Democratic Party.               (1) conduct an investigation that—                   may determine advisable, including cor-
                                               (b) QUALIFICATIONS.—                                    (A) addresses the purposes described in sec-         respondence, memoranda, diplomatic cables,
                                               (1) POLITICAL PARTY AFFILIATION.—Not                  tion 4;                                                papers, documents, reports, books, notes,
                                             more than 5 members of the Commission                     (B) investigates relevant facts and cir-             records, text messages, emails, voicemails,
                                             shall be from the same political party.                 cumstances relating to the COVID–19 pan-               and communications, including communica-
                                               (2) NONGOVERNMENTAL APPOINTEES.—An in-                demic in the United States, including pre-             tions sent from or received on both official
                                             dividual appointed to the Commission shall              paredness for, and the response to, the                and personal accounts and devices.
                                             not—                                                    COVID–19 pandemic by the Federal Govern-                 (2) SUBPOENAS.—
                                               (A) be an officer or employee of the Fed-             ment and, as appropriate, State, Tribal, ter-            (A) ISSUANCE.—
                                             eral Government or any State, Tribal, local,            ritorial, and local governments, including               (i) IN GENERAL.—A subpoena may be issued
                                             or territorial government, except in the case           any relevant legislation, Executive order,             under this subsection only—
                                             of a State employee who works at a public               regulation, plan, policy, practice, or proce-            (I) by the agreement of the chair and the
                                             institution of higher education or State-               dure;                                                  vice chair; or
                                             funded research institution; or                           (C) includes relevant facts and cir-                   (II) by the affirmative vote of a majority of
                                               (B) have held a position in any agency, of-           cumstances relating to—                                the members of the Commission.
                                             fice, or other establishment in the executive,            (i) domestic and international public                  (ii) SIGNATURE.—Subject to clause (i), sub-
                                             legislative, or judicial branch of the Federal          health agencies;                                       poenas issued under this subsection may be
                                             Government, the functions and duties of                   (ii) health care agencies;                           issued under the signature of the chair or
                                             which included planning, coordinating, or                 (iii) financial, labor and housing agencies;         any member designated by a majority of the
                                             implementing any aspect of the Federal Gov-               (iv) education agencies;                             Commission, and may be served by any per-
                                             ernment response to the public health emer-               (v) intelligence agencies;                           son designated by the chair or by a member
                                             gency declared by the Secretary of Health                 (vi) defense and national security agencies;         designated by a majority of the Commission.
                                             and Human Services under section 319 of the               (vii) diplomacy and development agencies;              (B) ENFORCEMENT.—
                                             Public Health Service Act (42 U.S.C. 247d) on             (viii) White House offices and councils;               (i) IN GENERAL.—In the case of contumacy
                                             January 31, 2020, with respect to COVID–19,               (ix) health care organizations;                      or failure to obey a subpoena issued under
                                             including a position that required the indi-              (x) private sector entities;                         this subsection, the United States district
                                             vidual holding the position to attend meet-               (xi) scientific research agencies;                   court for the judicial district in which the
                                             ings relating to that response.                           (xii) immigration and border control agen-           subpoenaed person resides, is served, or may
                                               (3) ETHICS AND CONFLICTS REPORT.—The                  cies;                                                  be found, or where the subpoena is return-
                                             Commission shall hire an ethics counsel, and              (xiii) international trade organizations;            able, may issue an order requiring such per-
                                             not later than 30 days after the initial meet-            (xiv) Congress;                                      son to appear at any designated place to tes-
                                             ing of the Commission, the ethics counsel                 (xv) State, Tribal, local, and territorial           tify or to produce documentary or other evi-
                                             shall submit a detailed plan for identifying            government agencies;                                   dence. Any failure to obey the order of the
                                             and resolving potential and actual conflicts              (xvi) the role of congressional and State            court may be punished by the court as a con-
                                             of interest by any member of the Commis-                government oversight and resource alloca-              tempt of that court.
                                             sion, including of an ethical, financial, or            tion; and                                                (ii) ADDITIONAL ENFORCEMENT.—In the case
                                             personal nature, or that could lead a reason-             (xvii) other areas of the public and private         of any failure of any witness to comply with
                                             able person to conclude a conflict may exist,           sectors determined relevant by the Commis-             any subpoena or to testify when summoned
                                             to the relevant committees of Congress.                 sion for its inquiry;                                  under authority of this section, the Commis-
                                               (4) OTHER QUALIFICATIONS.—                              (D) coordinates with and reviews the find-           sion may, by majority vote, certify a state-
                                               (A) GOVERNORS, PUBLIC HEALTH EXPERTS,                 ings, conclusions, and recommendations of              ment of fact constituting such failure to the
                                             AND ECONOMIC POLICY EXPERTS.—In appoint-                other relevant international, executive                appropriate United States attorney, who
                                             ing members to the Commission, the ap-                  branch, congressional, State, or independent           may bring the matter before the grand jury
                                             pointing individuals described in subsection            commission investigations into the COVID–              for its action, under the same statutory au-
                                             (a) of the same political party shall coordi-           19 pandemic, to the extent determined appro-           thority and procedures as if the United
                                             nate to ensure that the members appointed               priate by Commission members; and                      States attorney had received a certification
                                             by each political party include—                          (E) may include a comparative analysis of            under sections 102 through 104 of the Revised
                                               (i) at least 1 former governor of a State;            relevant domestic or international best prac-          Statutes of the United States (2 U.S.C. 192
                                               (ii) at least 1 public health expert; and             tices;                                                 through 194).
                                               (iii) at least 1 economic policy expert.                (2) identify, review, and evaluate the les-            (b) CONTRACTING.—The Commission may,
                                               (B) SENSE OF CONGRESS.—It is the sense of             sons learned from the COVID–19 pandemic                to such extent and in such amounts as are
                                             Congress that individuals appointed to the              regarding the structure, coordination, man-
                                                                                                                                                            provided in appropriation Acts, enter into
                                             Commission should be prominent United                   agement policies, and procedures of the Fed-
                                                                                                                                                            contracts to enable the Commission to dis-
                                             States citizens, with national recognition              eral Government, State, Tribal, local, and
                                             and significant depth of experience in such             territorial governments, and nongovern-                charge its duties under this title.
                                             professions as governmental service, public             mental entities relative to detecting, pre-              (c)   INFORMATION   FROM    FEDERAL    AGEN-
                                             health, global health, infectious diseases,             venting, and responding to—                            CIES.—
                                             pandemic preparedness and response, human-                (A) epidemics and pandemics, whether nat-              (1) IN GENERAL.—The      Commission is au-
                                             itarian response and relief, scientific re-             urally occurring or caused by State or non-            thorized to secure directly from any execu-
                                             search, public administration, intelligence             State actors; and                                      tive department, bureau, agency, board,
                                             gathering, commerce, national security, and               (B) other public health emergencies; and             commission, office, independent establish-
                                             foreign affairs.                                          (3) submit to the President and Congress             ment, or instrumentality of the Government,
                                               (5) TIMELINE FOR APPOINTMENT.—All mem-                such reports as are required by this title con-        information, suggestions, estimates, and sta-
                                             bers of the Commission shall be appointed               taining such findings, conclusions, and legis-         tistics for the purposes of this title. Notwith-
                                             not later than 60 days after the date of en-            lative, regulatory, and policy recommenda-             standing any other law or any assertion of
                                             actment of this Act.                                    tions as the Commission shall determine, in-           privilege, each department, bureau, agency,
                                               (6) VACANCIES.—Any vacancy in the Com-                cluding proposing organization, coordina-              board, commission, office, independent es-
                                             mission shall not affect its powers, but shall          tion, planning, management arrangements,               tablishment, or instrumentality shall fur-




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                                             be filled in the same manner in which the               procedures, rules, and regulations.                    nish, without redaction, such records, infor-
                                             original appointment was made.                          SEC. l07. POWERS OF THE COMMISSION.                    mation, suggestions, estimates, and statis-
                                               (c) MEETINGS.—                                          (a) IN GENERAL.—                                     tics directly to the Commission, upon re-
                                               (1) INITIAL MEETING.—The Commission                     (1) HEARINGS AND EVIDENCE.—The Commis-               quest made by the chair, the chair of any
                                             shall meet and begin the operations of the              sion or, on the authority of the Commission,           subcommittee created by a majority of the
                                             Commission within 45 days after the appoint-            any subcommittee or member thereof, may,               Commission, or any member designated by a
                                             ment of all Commission members.                         for the purpose of carrying out this title—            majority of the Commission.




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                                             S7810                                             CONGRESSIONAL RECORD — SENATE                                                     November 4, 2021
                                               (2) RECEIPT, HANDLING, STORAGE, AND DIS-              the equivalent of that payable for a position           produce a comprehensive, fact-based, evi-
                                             SEMINATION.—Information shall only be re-               at level V of the Executive Schedule under              dentiary, nonpartisan, and actionable final
                                             ceived, handled, stored, and disseminated by            section 5316 of such title.                             report.
                                             members of the Commission and its staff                   (2) NONPARTISAN STAFF.—The staff director               (c) ACCESSIBILITY.—The final report shall—
                                             consistent with all applicable statutes, regu-          shall be responsible for the day-to-day au-               (1) simultaneously be made publicly avail-
                                             lations, and Executive orders.                          thority over the activities of the personnel            able on an internet website;
                                               (d) ASSISTANCE FROM FEDERAL AGENCIES.—                of the Commission, and the staff director and             (2) be written in plain language, to the ex-
                                               (1) GENERAL SERVICES ADMINISTRATION.—                 any other personnel of the Commission shall             tent deemed practicable by the Commission;
                                             The Administrator of General Services shall             be hired without regard to political affili-            and
                                             provide to the Commission on a reimburs-                ation.                                                    (3) be made available in accessible formats
                                             able basis administrative support and other               (3) PERSONNEL AS FEDERAL EMPLOYEES.—                  and multiple languages, to the extent deter-
                                             services for the performance of the Commis-               (A) IN GENERAL.—The staff director and                mined practicable by the Commission.
                                             sion’s functions.                                       any personnel of the Commission who are                   (d) ALTERNATIVE MEDIUMS.—The Commis-
                                               (2) OTHER DEPARTMENTS AND AGENCIES.—In                employees shall be employees under section              sion may use alternative mediums to com-
                                             addition to the assistance prescribed in para-          2105 of title 5, United States Code, for pur-           municate key findings from the final report
                                             graph (1), departments and agencies of the              poses of chapters 63, 81, 83, 84, 85, 87, 89, and       to as many people of the United States as
                                             United States may provide to the Commis-                90 of that title.                                       possible.
                                             sion such services, funds, facilities, staff, and         (B) MEMBERS OF COMMISSION.—Subpara-                     (e) EXTENSIONS.—The submission and pub-
                                             other support services as the departments               graph (A) shall not be construed to apply to            lication of the final report, as described in
                                             and agencies may determine advisable and as             members of the Commission.                              subsection (b), may be delayed by 90 days
                                             may be authorized by law.                                 (b) DETAILEES.—Any Federal Government                 upon the agreement of a majority of the
                                               (e) GIFTS.—The Commission may accept,                 employee may be detailed to the Commission              members of the Commission. The Commis-
                                             use, and dispose of gifts or donations of serv-         without reimbursement from the Commis-                  sion may make not more than 3 90-day ex-
                                             ices or property.                                       sion, and such detailee shall retain the                tensions. The Commission shall notify the
                                               (f) POSTAL SERVICES.—The Commission                   rights, status, and privileges of his or her            President, Congress, and the public of each
                                             may use the United States mails in the same             regular employment without interruption.                such extension.
                                             manner and under the same conditions as de-               (c) CONSULTANT SERVICES.—The Commis-                    (f) TERMINATION.—
                                             partments and agencies of the United States.            sion is authorized to procure the services of             (1) IN GENERAL.—The Commission, and all
                                             SEC. l08. NONAPPLICABILITY OF THE FEDERAL               experts and consultants in accordance with              the authorities of this title, shall terminate
                                                        ADVISORY COMMISSION ACT.                     section 3109 of title 5, United States Code,            120 days after the date on which the final re-
                                               (a) IN GENERAL.—The Federal Advisory                  but at rates not to exceed the daily rate paid          port is submitted under subsection (b).
                                             Committee Act (5 U.S.C. App.) shall not                 a person occupying a position at level IV of              (2) ADMINISTRATIVE ACTIVITIES BEFORE TER-
                                             apply to the Commission.                                the Executive Schedule under section 5315 of            MINATION.—The Commission may use the 120-
                                               (b) PUBLIC MEETINGS AND RELEASE OF PUB-               title 5, United States Code.                            day period referred to in paragraph (1) for
                                             LIC VERSIONS OF REPORTS.—The Commission                 SEC.    l11. COMPENSATION AND TRAVEL EX-
                                                                                                                                                             the purpose of concluding its activities, in-
                                             shall—                                                               PENSES.                                    cluding providing testimony to committees
                                               (1) hold public hearings and meetings to                   (a) COMPENSATION.—Each member of the               of Congress concerning its reports and dis-
                                             the extent appropriate; and                             Commission may be compensated at not to                 seminating the final report.
                                               (2) release public versions of the reports re-                                                                  (g) GOVERNMENT ACCOUNTABILITY OFFICE
                                                                                                     exceed the daily equivalent of the annual
                                             quired under subsections (a) and (b) of sec-                                                                    REPORT.—
                                                                                                     rate of basic pay in effect for a position at
                                             tion 13.                                                                                                          (1) MONITORING.—The Comptroller General
                                                                                                     level IV of the Executive Schedule under sec-
                                               (c) PUBLIC HEARINGS.—Any public hearings                                                                      of the United States shall monitor the imple-
                                                                                                     tion 5315 of title 5, United States Code, for
                                             of the Commission shall be conducted in a                                                                       mentation of any Commission recommenda-
                                                                                                     each day during which that member is en-
                                             manner consistent with the protection of in-                                                                    tions included in the final report.
                                                                                                     gaged in the actual performance of the du-
                                             formation provided to or developed for or by                                                                      (2) REPORTS.—
                                                                                                     ties of the Commission.
                                             the Commission as required by any applica-                                                                        (A) IN GENERAL.—One year after the final
                                                                                                       (b) TRAVEL EXPENSES.—While away from
                                             ble statute, regulation, or Executive order.                                                                    Commission report is submitted under sub-
                                                                                                     their homes or regular places of business in
                                             SEC. l09. RECORD RETENTION.
                                                                                                                                                             section (b), and each year thereafter for the
                                                                                                     the performance of services for the Commis-
                                                                                                                                                             following 3 years, the Comptroller General
                                               (a) COMMISSION RECORDS.—The Commission                sion, members of the Commission shall be al-
                                                                                                                                                             shall submit to Congress a report regarding
                                             shall—                                                  lowed travel expenses, including per diem in
                                                                                                                                                             the status of the Commission recommenda-
                                               (1) preserve the records and documents of             lieu of subsistence, in the same manner as
                                                                                                                                                             tions that—
                                             the Commission; and                                     persons employed intermittently in the Gov-
                                                                                                                                                               (i) identifies each recommendation as open
                                               (2) make such records and documents                   ernment service are allowed expenses under
                                                                                                                                                             or closed; and
                                             available to the National Archives not later            section 5703 of title 5, United States Code.
                                                                                                                                                               (ii) provides a description of actions taken
                                             than 120 days following the submission of the           SEC. l12. SECURITY CLEARANCES FOR COMMIS-
                                                                                                                                                             in response to each recommendation.
                                             Commission’s final report.                                          SION MEMBERS AND STAFF.
                                                                                                                                                               (B) SCOPE OF REPORTS.—Each report re-
                                               (b) FUTURE ACCESS.—Following the termi-                 The appropriate Federal agencies or de-               quired under subparagraph (A) shall not pro-
                                             nation of the Commission, the Secretary of              partments shall cooperate with the Commis-              vide a critical assessment of the merit or
                                             the Senate shall be responsible for facili-             sion in expeditiously providing to the Com-             value of any Commission recommendation
                                             tating access to the publicly available                 mission members and staff appropriate secu-             included in the final Commission report.
                                             records and documents of the Commission,                rity clearances to the extent possible pursu-           SEC. l14. FUNDING.
                                             as if they were Senate records, for research-           ant to existing procedures and requirements,
                                                                                                                                                               (a) AUTHORIZATION OF APPROPRIATIONS.—
                                             ers, interested parties, and the general pub-           except that no person shall be provided with
                                                                                                                                                             There are authorized to be appropriated to
                                             lic.                                                    access to classified information under this
                                               (c) OFFICIAL ELECTRONIC ACCOUNTS FOR                                                                          carry out this title $50,000,000.
                                                                                                     title without the appropriate security clear-             (b) DURATION OF AVAILABILITY.—Amounts
                                             COMMISSION BUSINESS.—When conducting                    ances.                                                  made available to the Commission under
                                             any Commission business on electronic ac-               SEC. l13. REPORTS OF THE COMMISSION; TERMI-             subsection (a) shall remain available until
                                             counts, members and staff of the Commis-                            NATION.
                                                                                                                                                             the termination of the Commission.
                                             sion shall use official Commission electronic             (a) INTERIM REPORTS.—The Commission
                                             accounts.
                                                                                                                                                                                ---
                                                                                                     may submit to the President and Congress                  SA 4278. Mr. MENENDEZ (for himself
                                             SEC. l10. STAFF OF THE COMMISSION.                      interim reports containing such findings,               and Mrs. BLACKBURN) submitted an
                                               (a) IN GENERAL.—                                      conclusions, and recommendations for cor-               amendment intended to be proposed to
                                               (1) APPOINTMENT AND COMPENSATION.—The                 rective measures as have been agreed to by a
                                             chair, in consultation with the vice chair              majority of Commission members.
                                                                                                                                                             amendment SA 3867 submitted by Mr.
                                             and in accordance with rules agreed upon by               (b) FINAL REPORT.—                                    REED and intended to be proposed to
                                             the Commission, may appoint and fix the                   (1) IN GENERAL.—Not later than 18 months              the bill H.R. 4350, to authorize appro-
                                             compensation of a staff director and such               after the date of appointment of all members            priations for fiscal year 2022 for mili-
                                             other personnel as may be necessary to en-              of the Commission, the Commission shall                 tary activities of the Department of
                                             able the Commission to carry out its func-              submit to the President and the relevant                Defense, for military construction, and
                                             tions, without regard to the provisions of              committees of Congress a final report con-              for defense activities of the Depart-




ctelli on DSK11ZRN23PROD with SENATE
                                             title 5, United States Code, governing ap-              taining such findings, conclusions, and rec-
                                                                                                                                                             ment of Energy, to prescribe military
                                             pointments in the competitive service, and              ommendations for corrective measures and
                                             without regard to the provisions of chapter             reforms as have been agreed to by a majority            personnel strengths for such fiscal
                                             51 and subchapter III of chapter 53 of such             of the members of the Commission.                       year, and for other purposes; which was
                                             title relating to classification and General              (2) SENSE OF CONGRESS.—It is the sense of             ordered to lie on the table; as follows:
                                             Schedule pay rates, except that no rate of              Congress that the members of the Commis-                  At the appropriate place in title X, insert
                                             pay fixed under this subsection may exceed              sion should make the utmost effort to                   the following:




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