National Commission on COVID-19 Act

I 116TH CONGRESS 2D SESSION H. R. 6429 To establish in the Legislative Branch a National Commission on the Coronavirus Disease 2019 Pandemic in the United States. IN THE HOUSE OF REPRESENTATIVES APRIL 3, 2020 Mrs. MURPHY of Florida (for herself and Mr. KATKO) introduced the fol- lowing bill; which was referred to the Committee on Energy and Com- merce, and in addition to the Committees on Financial Services, and Transportation and Infrastructure, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish in the Legislative Branch a National Commis- sion on the Coronavirus Disease 2019 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 Commission 4 on COVID-19 Act’’. 5 VerDate Sep 11 2014 18:30 Apr 10, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6429.IH H6429 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6429 IH SEC. 2. ESTABLISHMENT OF COMMISSION. 1 There is established in the legislative branch the Na- 2 tional Commission on COVID-19 in the United States 3 (hereinafter in this Act referred to as the ‘‘Commission’’). 4 SEC. 3. PURPOSES. 5 (a) IN GENERAL.—The purposes of the Commission 6 are to— 7 (1) examine the facts and circumstances relat- 8 ing to the emergence and spread in the United 9 States of the respiratory illness known as 10 coronavirus disease 2019 (hereinafter in this Act re- 11 ferred to as ‘‘COVID-19’’); 12 (2) evaluate the United States preparation for 13 and response to COVID-19; and 14 (3) report to the President and Congress on its 15 findings, conclusions, and recommendations for cor- 16 rective measures that can be taken to prevent, pre- 17 pare for, respond to, and mitigate the effects of fu- 18 ture pandemics in the United States. 19 (b) PARTICULAR SUBJECTS FOR REVIEW.—In par- 20 ticular, the Commission shall examine, evaluate, make 21 findings and recommendations, and report on the United 22 States preparation for and response to COVID-19 as it 23 relates to— 24 (1) surveillance, testing, treatments, and vac- 25 cines; 26 VerDate Sep 11 2014 18:30 Apr 10, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6429.IH H6429 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6429 IH (2) personal protective equipment for health 1 workers and other first responders; 2 (3) medical devices, equipment, drugs, and sup- 3 ply chains; 4 (4) the use and public health impact of social 5 distancing practices, stay-at-home directives, school 6 and business closures, and other measures pre- 7 scribed by government authorities or adopted volun- 8 tarily in order to contain the virus; 9 (5) the preparedness and capacity of the United 10 States health care system, including hospitals, physi- 11 cians, community health centers, and laboratories; 12 (6) the Federal Government’s actions, including 13 guidance, regarding altered standards of care, end of 14 life care, and prioritization of scarce medical and 15 emergency resources; 16 (7) the National Response Framework and any 17 other applicable response plans; 18 (8) the Defense Production Act; 19 (9) the Strategic National Stockpile; 20 (10) the role and responsibility of, and coordi- 21 nation among, departments and agencies of the 22 United States, including but not limited to, the De- 23 partment of Health and Human Services, the Cen- 24 ters for Disease Control and Prevention, the Food 25 VerDate Sep 11 2014 18:30 Apr 10, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6429.IH H6429 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6429 IH and Drug Administration, the Department of Home- 1 land Security, the Federal Emergency Management 2 Agency, the Department of Defense, and the Na- 3 tional Security Council; 4 (11) the nature and extent of communication 5 and coordination between the Federal Government 6 and State, territory, tribal, and local governments; 7 between the Federal Government and the private 8 sector; and between the United States Government 9 and the governments of foreign nations; and 10 (12) any other subject the Commission deter- 11 mines to be appropriate and relevant in order to ful- 12 fill its purposes. 13 SEC. 4. COMPOSITION. 14 (a) MEMBERS.—The Commission shall consist of 10 15 members as follows: 16 (1) One member appointed by the President, 17 who shall serve as chairperson of the Commission. 18 (2) One member appointed by the leader of the 19 House of Representatives from the party opposite 20 the President (majority or minority leader, as the 21 case may be), in consultation with the leader of the 22 Senate from the party opposite the President (ma- 23 jority or minority leader, as the case may be), who 24 shall serve as vice chairperson of the Commission. 25 VerDate Sep 11 2014 18:30 Apr 10, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6429.IH H6429 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6429 IH (3) Two members appointed by the Speaker of 1 the House of Representatives. 2 (4) Two members appointed by the minority 3 leader of the House of Representatives. 4 (5) Two members appointed by the majority 5 leader of the Senate. 6 (6) Two members appointed by the minority 7 leader of the Senate. 8 (b) QUALIFICATIONS.— 9 (1) POLITICAL PARTY AFFILIATION.—Not more 10 than 5 members of the Commission shall be from 11 the same political party. 12 (2) NONGOVERNMENTAL APPOINTEES.—An in- 13 dividual appointed to the Commission may not be an 14 officer or employee of the Federal Government or 15 any State or local government. 16 (3) OTHER QUALIFICATIONS.—It is the sense of 17 Congress that individuals appointed to the Commis- 18 sion should be prominent United States citizens, 19 with national recognition and significant experience 20 and expertise in such professions as governmental 21 service, public health, medicine, emergency manage- 22 ment or response, public administration, logistics, 23 and organizational management. 24 (c) DEADLINE FOR APPOINTMENT.— 25 VerDate Sep 11 2014 18:30 Apr 10, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6429.IH H6429 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 6429 IH (1) IN GENERAL.—All members of the Commis- 1 sion shall be appointed on or between January 21, 2 2021, and February 19, 2021. 3 (2) EXCEPTION.—If the determination that a 4 public health emergency exists as a result of 5 COVID-19, as issued by the Secretary of the De- 6 partment of Health and Human Services on January 7 31, 2020, is not in effect as of August 31, 2020, all 8 members of the Commission shall be appointed on or 9 between September 1, 2020, and October 1, 2020. 10 (d) TERM OF MEMBERS.—Members of the Commis- 11 sion shall serve for the life of the Commission. 12 (e) INITIAL MEETING.—The Commission shall hold 13 its initial meeting and begin the operations of the Commis- 14 sion as soon as practicable, but in no event later than 15 March 15, 2021, if appointed pursuant to subsection 16 (c)(1), or October 31, 2020, if appointed pursuant to sub- 17 section (c)(2). 18 (f) QUORUM, VACANCIES.—After its initial meeting, 19 the Commission shall meet upon the call of the chair- 20 person or a majority of its members. Six members of the 21 Commission shall constitute a quorum. Any vacancy in the 22 Commission shall not affect its powers, but shall be filled 23 in the same manner in which the original appointment was 24 made. 25 VerDate Sep 11 2014 01:41 Apr 16, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6429.IH H6429 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 6429 IH (g) COMPENSATION.—Each member of the Commis- 1 sion may be compensated at not to exceed the daily equiva- 2 lent of the annual rate of basic pay in effect for a position 3 at level IV of the Executive Schedule under section 5315 4 of title 5, United States Code, for each day during which 5 that member is engaged in the actual performance of the 6 duties of the Commission. 7 (h) TRAVEL EXPENSES.—While away from their 8 homes or regular places of business in the performance 9 of services for the Commission, members of the Commis- 10 sion shall be allowed travel expenses, including per diem 11 in lieu of subsistence, in the same manner as persons em- 12 ployed intermittently in the Government service are al- 13 lowed expenses under section 5703 of title 5, United 14 States Code. 15 SEC. 5. POWERS OF COMMISSION. 16 (a) IN GENERAL.— 17 (1) HEARINGS AND EVIDENCE.—The Commis- 18 sion or, on the authority of the Commission, any 19 subcommittee or member thereof, may, for the pur- 20 pose of carrying out this Act— 21 (A) hold such hearings and sit and act at 22 such times and places, take such testimony, re- 23 ceive such evidence, administer such oaths; and 24 VerDate Sep 11 2014 18:30 Apr 10, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6429.IH H6429 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 6429 IH (B) subject to paragraph (2)(A), require, 1 by subpoena or otherwise, the attendance and 2 testimony of such witnesses and the production 3 of such books, records, correspondence, memo- 4 randa, papers, and documents, as the Commis- 5 sion or such designated subcommittee or des- 6 ignated member may determine advisable. 7 (2) SUBPOENAS.— 8 (A) ISSUANCE.— 9 (i) IN GENERAL.—A subpoena may be 10 issued under this subsection only— 11 (I) by the agreement of the 12 chairperson and the vice chairperson; 13 or 14 (II) by the affirmative vote of 6 15 members of the Commission. 16 (ii) SIGNATURE.—Subject to clause 17 (i), subpoenas issued under this subsection 18 may be issued under the signature of the 19 chairperson or any member designated by 20 a majority of the Commission, and may be 21 served by any person designated by the 22 chairperson or by a member designated by 23 a majority of the Commission. 24 (B) ENFORCEMENT.— 25 VerDate Sep 11 2014 18:30 Apr 10, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6429.IH H6429 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 6429 IH (i) IN GENERAL.—In the case of con- 1 tumacy or failure to obey a subpoena 2 issued under subparagraph (A), the United 3 States district court for the judicial district 4 in which the subpoenaed person resides, is 5 served, or may be found, or where the sub- 6 poena is returnable, may issue an order re- 7 quiring such person to appear at any des- 8 ignated place to testify or to produce docu- 9 mentary or other evidence. Any failure to 10 obey the order of the court may be pun- 11 ished by the court as a contempt of that 12 court. 13 (ii) ADDITIONAL ENFORCEMENT.—In 14 the case of any failure of any witness to 15 comply with any subpoena or to testify 16 when summoned under authority of this 17 section, the Commission may, by majority 18 vote, certify a statement of fact consti- 19 tuting such failure to the appropriate 20 United States attorney, who may bring the 21 matter before the grand jury for its action, 22 under the same statutory authority and 23 procedures as if the United States attorney 24 had received a certification under sections 25 VerDate Sep 11 2014 18:30 Apr 10, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6429.IH H6429 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 6429 IH 102 through 104 of the Revised Statutes 1 of the United States (2 U.S.C. 192 2 through 194). 3 (b) CONTRACTING.—The Commission may, to such 4 extent and in such amounts as are provided in appropria- 5 tion Acts, enter into contracts to enable the Commission 6 to discharge its duties under this Act. 7 (c) INFORMATION FROM FEDERAL AGENCIES.— 8 (1) IN GENERAL.—The Commission is author- 9 ized to secure directly from any executive depart- 10 ment, bureau, agency, board, commission, office, 11 independent establishment, or instrumentality of the 12 Government, information, suggestions, estimates, 13 and statistics for the purpose of this Act, each of 14 whom shall, to the extent authorized by law, furnish 15 such information directly to the Commission, upon 16 request made by the chairperson, the chairperson of 17 any subcommittee created by a majority of the Com- 18 mission, or any member designated by a majority of 19 the Commission. 20 (2) RECEIPT, HANDLING, STORAGE, AND DIS- 21 SEMINATION.—Information shall only be received, 22 handled, stored, and disseminated by members of 23 the Commission and its staff consistent with all ap- 24 plicable statutes, regulations, and Executive orders. 25 VerDate Sep 11 2014 18:30 Apr 10, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6429.IH H6429 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 6429 IH (d) ASSISTANCE FROM FEDERAL AGENCIES.— 1 (1) GENERAL SERVICES ADMINISTRATION.— 2 The Administrator of General Services shall provide 3 to the Commission on a reimbursable basis adminis- 4 trative support and other services for the perform- 5 ance of the Commission’s functions. 6 (2) OTHER DEPARTMENTS AND AGENCIES.—In 7 addition to the assistance prescribed in paragraph 8 (1), departments and agencies of the United States 9 may provide to the Commission such services, funds, 10 facilities, staff, and other support services as they 11 may determine advisable and as may be authorized 12 by law. 13 (e) GIFTS.—The Commission may accept, use, and 14 dispose of gifts or donations of services or property. 15 (f) POSTAL SERVICES.—The Commission may use 16 the United States mails in the same manner and under 17 the same conditions as departments and agencies of the 18 United States. 19 SEC. 6. NONAPPLICABILITY OF FEDERAL ADVISORY COM- 20 MITTEE ACT. 21 (a) IN GENERAL.—The Federal Advisory Committee 22 Act (5 U.S.C. App.) shall not apply to the Commission. 23 (b) PUBLIC MEETINGS AND RELEASE OF PUBLIC 24 VERSIONS OF REPORTS.—The Commission shall— 25 VerDate Sep 11 2014 18:30 Apr 10, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6429.IH H6429 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 6429 IH (1) hold public hearings and meetings to the ex- 1 tent appropriate; and 2 (2) release public versions of the reports re- 3 quired under section 9. 4 (c) PUBLIC HEARINGS.—Any public hearings of the 5 Commission shall be conducted in a manner consistent 6 with the protection of information provided to or developed 7 for or by the Commission as required by any applicable 8 statute, regulation, or Executive order. 9 SEC. 7. STAFF OF COMMISSION. 10 (a) IN GENERAL.— 11 (1) APPOINTMENT AND COMPENSATION.—The 12 chairperson, in consultation with the vice chair- 13 person, in accordance with rules agreed upon by the 14 Comm [Text truncated for display. Full text available on Congress.gov.]