[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7069 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7069
To establish the Commission on the COVID-19 Pandemic.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2022
Ms. Speier (for herself, Mr. Burgess, Mr. Costa, Mr. Evans, Mr. Bacon,
Mr. Danny K. Davis of Illinois, Ms. Titus, and Ms. Porter) introduced
the following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Permanent Select Committee on
Intelligence, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the Commission on the COVID-19 Pandemic.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; SENSE OF CONGRESS.
(a) Short Title.--This Act may be cited as the ``National
Commission on the COVID-19 Pandemic Act''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the SARS-CoV-2 (COVID-19) pandemic has caused immense
suffering in the United States, having resulted in more than
736,000 American deaths as of October 2021, and infecting at
least 45,000,000;
(2) following other destructive and traumatic events in our
history, including the September 11, 2001, terrorist attacks,
Congress has established a bipartisan commission of experts to
study the event and produce a report and recommendations, and
such an exercise can assist in national healing;
(3) the extent of the loss of life and the economic cost of
the pandemic demonstrate the high risks that pandemic diseases
can pose to public health and to national security, and demands
a thorough, authoritative, and independent review of the origin
of SARS-CoV-2 as well as United States actions and policies
before and during the pandemic, and recommendations to Congress
and policymakers as to how we can be better prepared for future
pandemic diseases, including those that could be caused by
intentional biological attacks;
(4) individuals appointed to the Commission established in
subsection (b) should be prominent citizens of the United
States with national recognition and significant experience and
expertise in--
(A) public health and biosafety;
(B) epidemiology;
(C) medicine;
(D) emergency management or response;
(E) public administration;
(F) logistics;
(G) organizational management; or
(H) medical intelligence and forensic
investigations; and
(5) it is crucial to better understand and manage the
increasing likelihood of pandemic threats (such as the recent
threats of severe acute respiratory syndrome (SARS), Ebola, the
2009-H1N1 influenza, and COVID-19) and related health issues
that the United States could face during the next several
decades.
SEC. 2. COMMISSION ON THE COVID-19 PANDEMIC.
(a) Establishment of Commission.--There is established in the
legislative branch the National Commission on the COVID-19 Pandemic (in
this section referred to as the ``Commission'').
(b) Duties.--The Commission shall--
(1) in accordance with subsection (d), conduct an
investigation of all relevant facts and circumstances regarding
the novel coronavirus disease 2019 (in this section referred to
as ``COVID-19'') in order to make a full and complete
accounting of--
(A) the preparedness of the United States for
pandemic disease before the outbreak of COVID-19;
(B) the circumstances surrounding the initial
outbreak and spread of COVID-19; and
(C) the actions taken by the Federal Government,
State, local, and Tribal governments, including with
respect to the private sector, civil society, and
relevant international organizations (including the
World Health Organization) in response to COVID-19;
(2) identify and examine lessons learned regarding pandemic
preparedness, response, and recovery efforts by the Federal
Government and State, local, and Tribal governments, and
international partners; and
(3) submit to the President and Congress, and make publicly
available, such reports as are required by this section
containing findings, conclusions, and recommendations as the
Commission determines appropriate to improve the ability of the
United States to prepare for, detect, prevent, and, if
necessary, respond to and recover from epidemics and pandemics
such as COVID-19 (whether naturally occurring or caused by
State or non-State actors) in a way that minimizes negative
effects on public health, the economy, and society.
(c) Composition of Commission.--
(1) Members.--The Commission shall be composed of 10
members, of whom--
(A) 1 member shall be appointed by the President,
who shall serve as chair of the Commission;
(B) 1 member shall be appointed by the leader of
the House of Representatives (the Speaker or minority
leader, as the case may be) of the political party that
is not the same political party as the President, in
consultation with the leader of the Senate (majority or
minority leader, as the case may be) of the same
political party as such leader of the House of
Representatives, who shall serve as vice chair of the
Commission;
(C) 2 members shall be appointed by the senior
member of the Senate leadership of the Democratic
Party;
(D) 2 members shall be appointed by the senior
member of the leadership of the House of
Representatives of the Republican Party;
(E) 2 members shall be appointed by the senior
member of the Senate leadership of the Republican
Party; and
(F) 2 members shall be appointed by the senior
member of the leadership of the House of
Representatives of the Democratic Party.
(2) Affiliations; initial meeting.--
(A) Political party affiliation.--Not more than 5
members of the Commission shall be from the same
political party.
(B) Nongovernmental appointees.--An individual
appointed to the Commission may not be an officer or
employee of the Federal Government or any State or
local government.
(C) Conflicts of interest.--An individual appointed
to the Commission may not have conflicts of interest,
or otherwise have demonstrated a strong bias toward a
particular conclusion that may prejudice the
individual's judgement as it pertains to the matters
before the Commission. A senior member of the
leadership of either party in the Senate or the House
of Representatives may raise objections to appointees
who raise such concerns.
(D) Deadline for appointment.--All members of the
Commission shall be appointed not later than 30 days
after the date of enactment of this Act.
(E) Initial meeting.--The Commission shall meet and
begin the operations of the Commission as soon as
practicable, but not later than 15 days after
appointment of all members of the Commission.
(3) Quorum; vacancies.--After its initial meeting, the
Commission shall meet upon the call of the chair or a majority
of its members. Six members of the Commission shall constitute
a quorum. Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the
original appointment was made.
(4) In-person meetings.--The members of the Commission
shall conduct its meetings in person unless such in-person
meetings would pose a health risk or significant practical
challenges.
(d) Investigation.--The investigation under subsection (b)(1) shall
address the following:
(1) The structure, coordination, management, policies,
procedures, and actions of the Federal Government, State,
local, and Tribal governments, and nongovernmental entities in
response to the COVID-19 pandemic.
(2) The effectiveness of communications to the public
concerning the pandemic and the public health response,
including physical distancing practices, the use of masks, and
other non-pharmaceutical interventions intended to reduce the
spread of COVID-19.
(3) The role of international cooperation in responding to
the pandemic, including the role of international organizations
such as the World Health Organization and China's Government's
cooperation in the global investigation of COVID-19.
(4) The availability of personal protective equipment for
health workers and first responders, and the availability of
other relevant medical equipment and supplies, including the
role of the Strategic National Stockpile.
(5) The role of the Federal Government in the development,
testing, production, and distribution of treatments and
vaccines for COVID-19.
(6) The preparedness and capacity of the health care system
of the United States, including hospitals, physicians,
community health centers, and laboratories.
(7) The link between variations in the language that
individuals use to describe a novel virus or disease and how
such language may contribute to or conversely help to prevent
an increase in incidents of stigma, discrimination, and
harassment against an identifiable group of people and the
communities in which they live.
(8) The origins of the novel coronavirus that causes COVID-
19. Such an investigation shall include engaging with willing
partner governments and experts from around the world, seeking
access to all relevant records on the virus cultures, isolates,
genomic sequences, databases, and patient specimens, and
personnel of interest. The investigation shall fully and
without prejudice explore the likely origins of COVID-19, as
addressed in the August, 27, 2020, Office of the Director of
National Intelligence unclassified summary of the Intelligence
Community assessment on COVID-19 origins, including natural
exposure to an infected animal and a laboratory-associated
incident involving experimentation, animal handling, or
sampling by the Wuhan Institute of Virology, or another lab
conducting similar research.
(9) Any other subject the Commission determines relevant to
understanding the origins of COVID-19, the United States
response to COVID-19, and developing recommendations to prepare
for future pandemics.
(e) Powers of Commission.--
(1) In general.--
(A) Hearings and evidence.--The Commission or, as
delegated by the chair and vice chair, any subcommittee
or member thereof, may, for the purpose of carrying out
this section--
(i) hold such hearings and sit and act at
such times and places, take such testimony,
receive such evidence, administer such oaths,
as the Commission or such designated
subcommittee or designated member may determine
advisable; and
(ii) subject to subparagraph (B)(i),
require, by subpoena or otherwise, the
attendance and testimony of such witnesses and
the production of such books, records,
correspondence, memoranda, papers, and
documents, as the Commission or such designated
subcommittee or designated member may determine
advisable.
(B) Issuance of subpoenas.--
(i) In general.--A subpoena may be issued
under this paragraph only--
(I) by the agreement of the chair
and the vice chair; or
(II) by the affirmative vote of 6
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this paragraph may be
issued under the signature of the chair or any
member designated by a majority of the
Commission, and may be served by any person
designated by the chair or by a member
designated by a majority of the Commission.
(C) Enforcement of subpoenas.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under this
paragraph, the United States district court for
the judicial district in which the subpoenaed
person resides, is served, or may be found, or
where the subpoena is returnable, may issue an
order requiring such person to appear at any
designated place to testify or to produce
documentary or other evidence. Any failure to
obey the order of the court may be punished by
the court as a contempt of that court.
(ii) Additional enforcement.--In the case
of any failure of any witness to comply with
any subpoena or to testify when summoned under
authority of this section, the Commission may,
by majority vote, certify a statement of fact
constituting such failure to the appropriate
United States attorney, who shall bring the
matter before the grand jury for its action,
under the same statutory authority and
procedures as if the United States attorney had
received a certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties
under this section.
(3) Information from federal, state, local, and tribal
agencies.--
(A) In general.--The Commission is authorized to
secure directly from any executive department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality of the Federal
Government or a State, local, or Tribal government
information, suggestions, estimates, and statistics for
the purposes of this section. Each department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality shall, to the fullest
extent permitted by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chair, the chair
of any subcommittee created by a majority of the
Commission, or any member designated by a majority of
the Commission.
(B) Receipt, handling, storage, and
dissemination.--Information shall only be received,
handled, stored, and disseminated by members of the
Commission and its staff consistent with all applicable
statutes, regulations, and Executive orders.
(C) Non-interference with public health duties.--
The Commission and its staff shall seek information and
testimony in a manner that ensures Federal, State,
local, and Tribal individuals and entities and private
sector individuals and entities are able to prioritize
activities related to the pandemic response.
(4) Assistance from federal agencies.--
(A) General services administration.--The
Administrator of General Services shall provide to the
Commission on a reimbursable basis administrative
support and other services for the performance of the
Commission's functions.
(B) Intelligence and investigative support.--The
Director of National Intelligence, the Secretary of
State, the Secretary of Defense, the Secretary of
Health and Human Services, and the Attorney General
shall, to the extent authorized by law, support the
duties of the Commission by providing information,
intelligence, analysis, recommendations, estimates, and
statistics directly to the Commission, upon request
made by the chair of the Commission, the chair of any
subcommittee created by a majority of the Commission,
or any member designated by a majority of the
Commission.
(C) Other departments and agencies.--In addition to
the assistance prescribed in subparagraph (A),
departments and agencies of the United States may
provide to the Commission such services, funds,
facilities, staff, and other support services as they
may determine advisable and as may be authorized by
law.
(5) Declassification review of intelligence related to
covid-19.--
(A) Commencement of review.--Not later than 30 days
after the date of the initial meeting of the
Commission, the Director of National Intelligence
shall, in coordination with the Director of the Federal
Bureau of Investigation, the Director of the Central
Intelligence Agency, and the heads of such other
elements of the intelligence community as the Director
of National Intelligence considers appropriate,
commence a declassification review of any and all
information the Commission determines necessary
relating to the origin of COVID-19.
(B) Completion of review.--Not later than 90 days
after the date of the initial meeting of the
Commission, the Director of National Intelligence shall
complete the review described in subparagraph (A) and
determine what additional information relating to the
origin of COVID-19 can be appropriately declassified
and shared with the public.
(C) Submission of report.--The Director of National
Intelligence shall submit to Congress an unclassified
report that contains the additional information
described in subparagraph (B) with only such redactions
as the Director determines necessary to protect sources
and methods without altering or obscuring such
information.
(6) Gifts.--The Commission may not accept, use, and dispose
of gifts or donations of services or property.
(7) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
(f) Nonapplicability of Federal Advisory Committee Act.--
(1) In general.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(2) Presumption for public meetings.--
(A) Open to the public.--The Commission shall make
its hearings and meetings open to the public unless the
chair and vice chair determine by consensus, on a case-
by-case basis, that the hearing or meeting should be
closed to the public.
(B) Protection of information.--Any public meeting
or hearing of the Commission shall be conducted in a
manner consistent with the protection of information
provided to or developed for or by the Commission as
required by any applicable statute, regulation, or
Executive order.
(g) Staff of Commission.--
(1) In general.--
(A) Appointment and compensation.--The chair and
vice chair, in accordance with rules agreed upon by the
Commission, may appoint and fix the compensation of a
staff director and such other personnel as may be
necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates, except that no rate of pay fixed
under this subsection may exceed the equivalent of that
payable for a position at level V of the Executive
Schedule under section 5316 of title 5, United States
Code. The chair shall ensure that any internships with
the Commission are paid positions.
(B) Personnel as federal employees.--
(i) In general.--The staff director and any
personnel of the Commission who are employees
shall be employees under section 2105 of title
5, United States Code, for purposes of chapters
63, 81, 83, 84, 85, 87, 89, and 90 of that
title.
(ii) Members of commission.--Clause (i)
shall not be construed to apply to members of
the Commission.
(2) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights, status,
and privileges of his or her regular employment without
interruption.
(3) Consultant services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at rates
not to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(h) Compensation and Travel Expenses.--
(1) Compensation.--Each member of the Commission may be
compensated at not to exceed the daily equivalent of the annual
rate of basic pay in effect for a position at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day during which that member is engaged in the
actual performance of the duties of the Commission.
(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, in
the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
(i) Security Clearances for Commission Members and Staff.--The
appropriate Federal agencies or departments shall cooperate with the
Commission in expeditiously providing to the Commission members and
staff appropriate security clearances to the extent possible pursuant
to existing procedures and requirements, except that no person shall be
provided with access to classified information under this section
without the appropriate security clearances.
(j) Reports of Commission.--
(1) Interim report.--Not later than 1 year after the date
of enactment of this Act, the Commission shall submit to the
President and Congress, and make publicly available, an interim
report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to
by a majority of Commission members.
(2) Final report.--Not later than the date described in
paragraph (3)(A), the Commission shall submit to the President
and Congress, and make publicly available, a final report
containing such findings, conclusions, and recommendations for
corrective measures as have been agreed to by a majority of
Commission members.
(3) Deadline.--
(A) Date described.--The date described in this
subparagraph is 20 months after the date of the initial
meeting of the Commission, unless not fewer than 8
members of the Commission vote for an extension of not
more than 120 days.
(B) Number of extensions.--The Commission may make
not more than 1 extension under subparagraph (A).
(C) Notification.--The Commission shall notify the
President, Congress, and the public of each extension
under subparagraph (A).
(k) Termination.--
(1) In general.--The Commission, and all the authorities of
this section, shall terminate 90 days after the date on which
the final report is submitted under subsection (j)(2).
(2) Administrative activities before termination.--The
Commission may use the 90-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports, disseminating the final report, and explaining to the
public such reports and the conclusions of the Commission.
(l) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Commission such sums as may be
necessary for any fiscal year.
(2) Duration of availability.--Amounts made available to
the Commission under paragraph (1) shall remain available until
the termination of the Commission.
(3) Notice.--The chair shall promptly notify Congress if
the chair determines that the amounts made available to the
Commission under paragraph (1) are insufficient for the
Commission to carry out its duties, including during an
extended period described in subsection (j)(3).
(m) Definitions.--In this section:
(1) The terms ``chair'' and ``vice chair'' refer to the
chair and vice chair of the Commission appointed under
subsection (c)(1).
(2) The term ``State'' means each of the several States,
the District of Columbia, Puerto Rico, American Samoa, Guam,
the United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands.
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