National Commission on COVID-19 Act
This bill establishes the National Commission on COVID-19 (i.e., coronavirus disease 2019) in the legislative branch to assess the emergence, spread, and response to the disease in the United States and sets forth its powers, duties, funding, and membership. The commission must issue a report with findings and recommendations concerning, among other topics,
The commission terminates 60 days after the submission of the final report.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6429 Introduced in House (IH)]
<DOC>
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
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Financial Services, and
Transportation and Infrastructure, 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 in the Legislative Branch a National Commission on the
Coronavirus Disease 2019 Pandemic in the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on COVID-19
Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the National
Commission on COVID-19 in the United States (hereinafter in this Act
referred to as the ``Commission'').
SEC. 3. PURPOSES.
(a) In General.--The purposes of the Commission are to--
(1) examine the facts and circumstances relating to the
emergence and spread in the United States of the respiratory
illness known as coronavirus disease 2019 (hereinafter in this
Act referred to as ``COVID-19'');
(2) evaluate the United States preparation for and response
to COVID-19; and
(3) report to the President and Congress on its findings,
conclusions, and recommendations for corrective measures that
can be taken to prevent, prepare for, respond to, and mitigate
the effects of future pandemics in the United States.
(b) Particular Subjects for Review.--In particular, the Commission
shall examine, evaluate, make findings and recommendations, and report
on the United States preparation for and response to COVID-19 as it
relates to--
(1) surveillance, testing, treatments, and vaccines;
(2) personal protective equipment for health workers and
other first responders;
(3) medical devices, equipment, drugs, and supply chains;
(4) the use and public health impact of social distancing
practices, stay-at-home directives, school and business
closures, and other measures prescribed by government
authorities or adopted voluntarily in order to contain the
virus;
(5) the preparedness and capacity of the United States
health care system, including hospitals, physicians, community
health centers, and laboratories;
(6) the Federal Government's actions, including guidance,
regarding altered standards of care, end of life care, and
prioritization of scarce medical and emergency resources;
(7) the National Response Framework and any other
applicable response plans;
(8) the Defense Production Act;
(9) the Strategic National Stockpile;
(10) the role and responsibility of, and coordination
among, departments and agencies of the United States, including
but not limited to, the Department of Health and Human
Services, the Centers for Disease Control and Prevention, the
Food and Drug Administration, the Department of Homeland
Security, the Federal Emergency Management Agency, the
Department of Defense, and the National Security Council;
(11) the nature and extent of communication and
coordination between the Federal Government and State,
territory, tribal, and local governments; between the Federal
Government and the private sector; and between the United
States Government and the governments of foreign nations; and
(12) any other subject the Commission determines to be
appropriate and relevant in order to fulfill its purposes.
SEC. 4. COMPOSITION.
(a) Members.--The Commission shall consist of 10 members as
follows:
(1) One member appointed by the President, who shall serve
as chairperson of the Commission.
(2) One member appointed by the leader of the House of
Representatives from the party opposite the President (majority
or minority leader, as the case may be), in consultation with
the leader of the Senate from the party opposite the President
(majority or minority leader, as the case may be), who shall
serve as vice chairperson of the Commission.
(3) Two members appointed by the Speaker of the House of
Representatives.
(4) Two members appointed by the minority leader of the
House of Representatives.
(5) Two members appointed by the majority leader of the
Senate.
(6) Two members appointed by the minority leader of the
Senate.
(b) Qualifications.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) 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.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant experience and expertise in such professions as
governmental service, public health, medicine, emergency
management or response, public administration, logistics, and
organizational management.
(c) Deadline for Appointment.--
(1) In general.--All members of the Commission shall be
appointed on or between January 21, 2021, and February 19,
2021.
(2) Exception.--If the determination that a public health
emergency exists as a result of COVID-19, as issued by the
Secretary of the Department of Health and Human Services on
January 31, 2020, is not in effect as of August 31, 2020, all
members of the Commission shall be appointed on or between
September 1, 2020, and October 1, 2020.
(d) Term of Members.--Members of the Commission shall serve for the
life of the Commission.
(e) Initial Meeting.--The Commission shall hold its initial meeting
and begin the operations of the Commission as soon as practicable, but
in no event later than March 15, 2021, if appointed pursuant to
subsection (c)(1), or October 31, 2020, if appointed pursuant to
subsection (c)(2).
(f) Quorum, Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairperson 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.
(g) 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.
(h) 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 of title 5, United States Code.
SEC. 5. POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this Act--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, administer such oaths; and
(B) subject to paragraph (2)(A), 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.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the
chairperson and the vice chairperson;
or
(II) by the affirmative vote of 6
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the chairperson
or any member designated by a majority of the
Commission, and may be served by any person
designated by the chairperson or by a member
designated by a majority of the Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under
subparagraph (A), 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 may 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).
(b) 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 Act.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purpose of this Act, each of
whom shall, to the extent authorized by law, furnish such
information directly to the Commission, upon request made by
the chairperson, the chairperson of any subcommittee created by
a majority of the Commission, or any member designated by a
majority of the Commission.
(2) 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.
(d) Assistance From Federal Agencies.--
(1) 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.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), 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.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) 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.
SEC. 6. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 9.
(c) Public Hearings.--Any public hearings 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.
SEC. 7. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairperson, in
consultation with the vice chairperson, 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.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for the purposes of chapters 63, 81, 83, 84, 85,
87, 89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) 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.
(c) 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.
SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal departments or agencies 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 title without the appropriate security clearances.
SEC. 9. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(b) Final Report.--Not later than 1 year after the date of the
Commission's initial meeting, the Commission shall submit to the
President and Congress a final report containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 60 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
SEC. 10. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Commission such sums as may be necessary for any
fiscal year, half of which shall be derived from the applicable account
of the House of Representatives, and half of which shall be derived
from the contingent fund of the Senate.
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Financial Services, and Transportation and Infrastructure, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Financial Services, and Transportation and Infrastructure, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Financial Services, and Transportation and Infrastructure, 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.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
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