I 117TH CONGRESS 1ST SESSION H. R. 1306 To establish the Commission on the Coronavirus Pandemic in the United States. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 24, 2021 Mr. MALINOWSKI (for himself and Mr. DIAZ-BALART) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish the Commission on the Coronavirus Pandemic in the United States. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Coronavirus 4 Commission Act of 2021’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) COVID–19.—The term ‘‘COVID–19’’ 8 means the 2019 novel coronavirus disease. 9 VerDate Sep 11 2014 04:12 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1306.IH H1306 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1306 IH (2) RELEVANT COMMITTEES OF CONGRESS.— 1 The term ‘‘relevant committees of Congress’’— 2 (A) means all committees for which infor- 3 mation in the report or plan being provided 4 might be relevant; and 5 (B) includes, at a minimum— 6 (i) the Committee on Health, Edu- 7 cation, Labor, and Pensions, the Com- 8 mittee on Finance, the Committee on For- 9 eign Relations, the Committee on Banking, 10 Housing, and Urban Affairs, the Com- 11 mittee on Homeland Security and Govern- 12 mental Affairs, the Committee on Appro- 13 priations, and the Select Committee on In- 14 telligence of the Senate; and 15 (ii) the Committee on Energy and 16 Commerce, the Committee on Ways and 17 Means, the Committee on Foreign Affairs, 18 the Committee on Oversight and Reform, 19 the Committee on Homeland Security, the 20 Committee on Appropriations, and the 21 Permanent Select Committee on Intel- 22 ligence of the House of Representatives. 23 VerDate Sep 11 2014 04:12 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1306.IH H1306 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1306 IH SEC. 3. ESTABLISHMENT OF COMMISSION. 1 There is established in the legislative branch the 2 Commission on the Coronavirus Pandemic in the United 3 States (referred to in this Act as the ‘‘Commission’’). 4 SEC. 4. PURPOSES. 5 The purposes of the Commission are to— 6 (1) examine and report on the facts and the 7 causes relating to the COVID–19 pandemic in the 8 United States, which may include investigating and 9 reporting on— 10 (A) the origins of COVID–19; and 11 (B) the spread of COVID–19 internation- 12 ally and within the United States; 13 (2) make a full and nonpartisan accounting of 14 the United States’ preparedness for, and response 15 to, the COVID–19 pandemic, to include inves- 16 tigating and reporting on— 17 (A) medical intelligence; 18 (B) international public health surveil- 19 lance; 20 (C) domestic public health surveillance; 21 (D) communication and coordination be- 22 tween the Federal Government and foreign gov- 23 ernments, the private sector, nongovernmental 24 organizations, and international public health 25 organizations related to public health threats 26 VerDate Sep 11 2014 04:12 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1306.IH H1306 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1306 IH and early warning, detection, and prevention 1 and response measures; 2 (E) communication and coordination re- 3 lated to public health threats and early warn- 4 ing, detection, and prevention and response 5 measures among the Federal national security 6 agencies, Federal public health agencies, other 7 relevant Federal agencies, and State, Tribal, 8 local, and territorial governments; 9 (F) Federal funding and support for, en- 10 gagement with, and management of, inter- 11 national prevention, preparedness, and response 12 efforts; 13 (G) Federal guidance, assistance, and re- 14 quirements for State, Tribal, local, and terri- 15 torial governments; 16 (H) Federal acquisition and financing ef- 17 forts and supply chain management, including 18 use of the authorities provided under the De- 19 fense Production Act of 1950 (50 U.S.C. 4501 20 et seq.), related to personal protective equip- 21 ment, testing supplies, ventilators and other 22 medical equipment or supplies, diagnostics, 23 therapeutics, vaccines, or other relevant items 24 for domestic and international use; 25 VerDate Sep 11 2014 04:12 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1306.IH H1306 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1306 IH (I) management, allocation, and distribu- 1 tion of relevant resources (including resources 2 and assets for domestic use held by United 3 States agencies that provide foreign aid) be- 4 tween the Federal Government and State, Trib- 5 al, local, and territorial governments, hospitals 6 and health care organizations, and private sec- 7 tor entities, including personal protective equip- 8 ment, testing supplies, ventilators and other 9 medical equipment or supplies, diagnostics, 10 therapeutics, vaccines, or other relevant items; 11 (J) management, allocation, and distribu- 12 tion of personal protective equipment, testing 13 supplies, ventilators and other medical equip- 14 ment or supplies, diagnostics, therapeutics, vac- 15 cines, or other relevant items as aid to foreign 16 countries; 17 (K) domestic and global supply chain 18 vulnerabilities with respect to personal protec- 19 tive equipment, testing supplies, ventilators and 20 other medical equipment or supplies, 21 diagnostics, therapeutics, vaccines, or other rel- 22 evant items; 23 (L) the operation of government-main- 24 tained stockpiles; 25 VerDate Sep 11 2014 04:12 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1306.IH H1306 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 1306 IH (M) scams and profiteering; 1 (N) misinformation and disinformation; 2 (O) the readiness of Federal, State, Tribal, 3 local, and territorial public health departments 4 and agencies and relevant regional entities; 5 (P) testing and contact tracing operations; 6 (Q) emergency management; 7 (R) military engagement, including the Na- 8 tional Guard Bureau; 9 (S) Federal, State, Tribal, local, and terri- 10 torial orders and guidance to reduce disease 11 transmission, including travel restrictions, stay- 12 at-home orders, in-person school and institution 13 of higher education closures or modifications, 14 workplace protections or closures, or business 15 closures or modifications; 16 (T) Federal, State, Tribal, local, and terri- 17 torial guidance, public health education, and re- 18 source provision related to masking, social 19 distancing, hygiene, therapeutics, testing, quar- 20 antining, vaccination, or other relevant topics; 21 (U) scientific and technological prepared- 22 ness and response, which may include— 23 (i) the Federal role in executing, sup- 24 porting, and coordinating domestic and 25 VerDate Sep 11 2014 04:12 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1306.IH H1306 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 1306 IH global research on diagnostics, thera- 1 peutics, and vaccines; 2 (ii) the efficacy and scientific integrity 3 of the Federal authorization and approval 4 processes for vaccines, therapeutics, and 5 diagnostics; and 6 (iii) the use of technology to detect 7 and prevent contagion, including privacy 8 concerns; 9 (V) the preparedness and response of spe- 10 cific types of institutions that experienced high 11 rates of COVID–19 infection or that are critical 12 to national security, which may include— 13 (i) hospitals; 14 (ii) skilled nursing facilities and nurs- 15 ing facilities; 16 (iii) assisted living facilities; 17 (iv) prisons, jails, and immigration de- 18 tention centers; 19 (v) elementary and secondary schools 20 and institutions of higher education; 21 (vi) food production, processing, and 22 distribution facilities; 23 (vii) other congregate settings and 24 confined or high-density workplaces; and 25 VerDate Sep 11 2014 04:12 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1306.IH H1306 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 1306 IH (viii) other critical infrastructure fa- 1 cilities; 2 (W) Federal economic relief programs, in- 3 cluding— 4 (i) loan, grant, and other financial as- 5 sistance; 6 (ii) unemployment insurance; 7 (iii) tax and loan deferment; 8 (iv) direct payments; 9 (v) rental and mortgage assistance, 10 eviction moratoria, and foreclosure relief; 11 and 12 (vi) fiscal relief to States, Tribes, lo- 13 calities, and territories; 14 (X) health and economic impacts on under- 15 served communities, rural populations, racial 16 and ethnic minority populations, older adults, 17 and all other populations with relevant health 18 or economic disparities, which may include— 19 (i) immigrant populations; 20 (ii) lesbian, gay, bisexual, 21 transgender, and queer individuals; 22 (iii) people with disabilities; 23 (iv) people who live on or near Indian 24 reservations or in Alaska Native villages; 25 VerDate Sep 11 2014 04:12 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1306.IH H1306 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 1306 IH (v) residents of territories of the 1 United States; and 2 (vi) veterans; 3 (Y) the division of authority and respon- 4 sibilities between the Federal Government and 5 State, Tribal, local, and territorial governments; 6 (Z) any other aspect of Federal, State, 7 Tribal, local, and territorial government pre- 8 paredness and response; and 9 (AA) other areas as determined relevant 10 and appropriate by the Commission (by agree- 11 ment of the chair and vice chair of the Commis- 12 sion); and 13 (3) investigate and report to the President and 14 Congress on its findings, conclusions, and rec- 15 ommendations to improve the ability of the Federal 16 Government, State, Tribal, local, and territorial gov- 17 ernments, and the private sector to— 18 (A) prevent, detect, respond to, and pre- 19 pare for future epidemics and pandemics, 20 whether naturally occurring or caused by State 21 or non-State actors, and other public health 22 emergencies; 23 (B) protect the health security of the 24 United States; and 25 VerDate Sep 11 2014 04:12 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1306.IH H1306 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 1306 IH (C) reestablish the role of the United 1 States as a global leader in epidemic and pan- 2 demic preparedness and response. 3 SEC. 5. COMPOSITION OF THE COMMISSION. 4 (a) MEMBERS.—The Commission shall be comprised 5 of 10 members, of whom— 6 (1) 1 member shall be appointed by the Presi- 7 dent, who shall serve as the chair of the Commis- 8 sion; 9 (2) 1 member shall— 10 (A) be appointed by the leader of the Sen- 11 ate who represents the major political party 12 that the President does not represent, in con- 13 sultation with the leader of the House of Rep- 14 resentatives from the same political party; and 15 (B) serve as the vice chair of the Commis- 16 sion; 17 (3) 2 members shall be appointed by the senior 18 member of the Senate leadership of the Democratic 19 Party; 20 (4) 2 members shall be appointed by the senior 21 member of the Senate leadership of the Republican 22 Party; 23 VerDate Sep 11 2014 04:12 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1306.IH H1306 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 1306 IH (5) 2 members shall be appointed by the senior 1 member of the leadership of the House of Represent- 2 atives of the Republican Party; and 3 (6) 2 members shall be appointed by the senior 4 member of the leadership of the House of Represent- 5 atives of the Democratic Party. 6 (b) QUALIFICATIONS.— 7 (1) POLITICAL PARTY AFFILIATION.—Not more 8 than 5 members of the Commission shall be from 9 the same political party. 10 (2) NONGOVERNMENTAL APPOINTEES.—An in- 11 dividual appointed to the Commission shall not— 12 (A) be an officer or employee of the Fed- 13 eral Government or any State, Tribal, local, or 14 territorial government, except in the case of a 15 State employee who works at a public institu- 16 tion of higher education or State-funded re- 17 search institution; or 18 (B) have held a position in any agency, of- 19 fice, or other establishment in the executive, 20 legislative, or judicial branch of the Federal 21 Government, the functions and duties of which 22 included planning, coordinating, or imple- 23 menting any aspect of the Federal Government 24 response to the public health emergency de- 25 VerDate Sep 11 2014 04:12 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1306.IH H1306 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 1306 IH clared by the Secretary of Health and Human 1 Services under section 319 of the Public Health 2 Service Act (42 U.S.C. 247d) on January 31, 3 2020, with respect to COVID–19, including a 4 position that required the individual holding the 5 position to attend meetings relating to that re- 6 sponse. 7 (3) ETHICS AND CONFLICTS REPORT.—The 8 Commission shall hire an ethics counsel, and not 9 later than 30 days after the initial meeting of the 10 Commission, the ethics counsel shall submit a de- 11 tailed plan for identifying and resolving potential 12 and actual conflicts of interest by any member of the 13 Commission, including of an ethical, financial, or 14 personal nature, or that could lead a reasonable per- 15 son to conclude a conflict may exist, to the relevant 16 committees of Congress. 17 (4) OTHER QUALIFICATIONS.— 18 (A) GOVERNORS, PUBLIC HEALTH EX- 19 PERTS, AND ECONOMIC POLICY EXPERTS.—In 20 appointing members to the Commission, the ap- 21 pointing individuals described in subsection (a) 22 of the same political party shall coordinate to 23 ensure that the members appointed by each po- 24 litical party include— 25 VerDate Sep 11 2014 04:12 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1306.IH H1306 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 1306 IH (i) at least 1 former governor of a 1 State; 2 (ii) at least 1 public health expert; 3 and 4 (iii) at least 1 economic policy expert. 5 (B) SENSE OF CONGRESS.—It is the sense 6 of Congress that individuals appointed to the 7 Commission should be prominent United States 8 citizens, with national recognition and signifi- 9 cant depth of experience in such professions as 10 governmental service, public health, global 11 health, infectious diseases, pandemic prepared- 12 ness and response, humanitarian response and 13 relief, scientific research, public administration, 14 intelligence gathering, commerce, national secu- 15 rity, and foreign affairs. 16 (5) TIMELINE FOR APPOINTMENT.—All [Text truncated for display. Full text available on Congress.gov.]