National Task Force on the COVID-19 Pandemic Act
This bill establishes a legislative branch task force to investigate the facts and circumstances of the COVID-19 pandemic, including preparedness for and responses to the pandemic.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5327 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5327
To establish the National Task Force on the Response of the United
States to the COVID-19 Pandemic.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 20, 2022
Mrs. Feinstein (for herself, Mr. Marshall, Mrs. Gillibrand, Ms.
Baldwin, and Ms. Ernst) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To establish the National Task Force on the Response of the United
States to 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.
This Act may be cited as the ``National Task Force on the COVID-19
Pandemic Act''.
SEC. 2. COMPREHENSIVE REVIEW OF THE COVID-19 RESPONSE.
(a) Establishment of Task Force.--There is established in the
legislative branch a task force to be known as the ``National Task
Force on the Response of the United States to the COVID-19 Pandemic''
(referred to in this section as the ``Task Force'').
(b) Purposes.--The purposes of the Task Force are to--
(1) examine, assess, and report upon the United States
preparedness for, and response to, the COVID-19 pandemic,
including--
(A) the initial Federal, State, local, and
territorial responses in the United States;
(B) the ongoing Federal, State, local, and
territorial responses in the United States, including
the activities, policies, and decisions of the Trump
Administration and the Biden Administration;
(C) the impact of the pandemic on public health and
health care systems; and
(D) the initial outbreak in Wuhan, China, including
efforts to determine the potential causes for the
emergence of the SARS-CoV-2 virus, and Federal actions
to mitigate its spread internationally;
(2) build upon existing or ongoing evaluations and avoid
unnecessary duplication, by reviewing the findings,
conclusions, and recommendations of other appropriate task
forces, committees, commissions, or entities established by
other public or nonprofit private entities related to the
United States preparedness for, and response to, the COVID-19
pandemic;
(3) identify gaps in public health preparedness and medical
response policies, processes, and activities, including
disparities in COVID-19 infection and mortality rates among
people of color, older adults, people with disabilities, and
other vulnerable or at-risk groups, and how such gaps impacted
the ability of the United States to respond to the COVID-19
pandemic; and
(4) submit a report to the President and to Congress on its
findings, conclusions, and recommendations to improve the
United States preparedness for, and response to, future public
health emergencies, including a public health emergency
resulting from an emerging infectious disease.
(c) Composition of Task Force; Meetings.--
(1) Members.--The Task Force shall be composed of 12
members, of whom--
(A) 1 member shall be appointed by the majority
leader of the Senate;
(B) 1 member shall be appointed by the minority
leader of the Senate;
(C) 2 members shall be appointed by the chair of
the Committee on Health, Education, Labor, and Pensions
of the Senate;
(D) 2 members shall be appointed by the ranking
member of the Committee on Health, Education, Labor,
and Pensions of the Senate;
(E) 1 member shall be appointed by the Speaker of
the House of Representatives;
(F) 1 member shall be appointed by the minority
leader of the House of Representatives;
(G) 2 members shall be appointed by the chair of
the Committee on Energy and Commerce of the House of
Representatives; and
(H) 2 members shall be appointed by the ranking
member of the Committee on Energy and Commerce of the
House of Representatives.
(2) Chair and vice chair.--Not later than 30 days after the
date on which all members of the Task Force are appointed under
paragraph (1), such members shall meet to elect a Chair and
Vice Chair from among such members. The Chair and Vice Chair
shall each be elected to serve upon an affirmative vote from
not less than 8 members of the Task Force. The Chair and Vice
Chair shall not be registered members of the same political
party.
(3) Qualifications.--
(A) Political party affiliation.--Not more than 6
members of the Task Force shall be registered members
of the same political party.
(B) Nongovernmental appointees.--An individual
appointed to the Task Force may not be an officer or
employee of the Federal Government or any State, local,
Tribal, or territorial government.
(C) Qualifications.--It is the sense of Congress
that individuals appointed to the Task Force should be
highly qualified citizens of the United States. Members
appointed under paragraph (1) may include individuals
with expertise in--
(i) public health, health disparities and
at-risk populations, medicine, and related
fields;
(ii) State, local, Tribal, or territorial
government, including public health and medical
preparedness and response and emergency
management and other relevant public
administration;
(iii) research regarding, or the
development, manufacturing, distribution, and
regulation of, medical products;
(iv) national security and foreign
relations, including global health; and
(v) commerce, including transportation,
supply chains, and small business.
(4) Deadline for appointment.--All members of the Task
Force shall be appointed not later than 90 days after the date
of enactment of this Act.
(5) Meetings.--The Task Force shall meet and begin the
operations of the Task Force as soon as practicable. After its
initial meeting, the Task Force shall meet upon the call of the
Chair and Vice Chair or not less than 8 of its members.
(6) Quorum; vacancies.--
(A) Quorum.--Eight members of the Task Force shall
constitute a quorum.
(B) Vacancies.--Any vacancy in the Task Force shall
not affect its powers, but shall be filled in the same
manner in which the original appointment was made.
(d) Functions of Task Force.--The functions of the Task Force are
to--
(1) conduct a review that--
(A) examines the initial outbreak of the SARS-CoV-2
virus in Wuhan, China, including--
(i) engaging with willing partner
governments and global experts;
(ii) seeking access to relevant records;
and
(iii) examining the potential causes of the
emergence and source of the virus;
(B) examines the United States preparation for, and
response to, the COVID-19 pandemic, including--
(i) relevant laws, policies, regulations,
and processes that were in place prior to, or
put into place during, the public health
emergency declared by the Secretary of Health
and Human Services under section 319 of the
Public Health Service Act (42 U.S.C. 247d) with
respect to COVID-19, including any that are put
into place related to such public health
emergency after the date of enactment of this
Act and prior to the issuance of the final
report pursuant to subsection (j)(2);
(ii) relevant actions taken by, and
coordination between, Federal, State, local,
Tribal, and territorial governments,
nongovernmental organizations, and
international organizations on preparedness and
response efforts, including coordination
between governments and other public and
private entities, during the--
(I) initial response in the United
States;
(II) response during the Trump
Administration; and
(III) ongoing response during the
Biden Administration;
(iii) communication of public health and
scientific information related to the COVID-19
pandemic, including processes for the
development, approval, and dissemination of
Federal public health and other relevant public
health or scientific guidance; and
(iv) actions taken to support the
development, manufacturing, and distribution of
medical countermeasures and related medical
supplies to prevent, detect, and treat COVID-
19; and
(C) may include assessments relating to--
(i) the capacity and capabilities of
Federal, State, local, Tribal, and territorial
governments to respond to the COVID-19
pandemic;
(ii) the capacity and capabilities of
health care facilities and the health care
workforce to respond to the COVID-19 pandemic;
(iii) medical countermeasure research and
development and the supply chains of medical
products necessary to respond to the COVID-19
pandemic;
(iv) international preparedness for and
response to COVID-19, and Federal decision-
making processes related to new global health
threats;
(v) containment and mitigation measures
related to domestic and international travel in
response to COVID-19; and
(vi) the impact of the COVID-19 pandemic
and related mitigation efforts on hard-to-reach
and at-risk or underserved populations,
including related health disparities;
(2) identify, review, and evaluate the lessons learned from
the COVID-19 pandemic, including activities to prepare for, and
respond to, future potential pandemics and related public
health emergencies; and
(3) submit to the President and Congress such reports as
are required by this Act containing such findings, conclusions,
and recommendations as the Task Force shall determine.
(e) Powers of Task Force.--
(1) Hearings.--The Task Force may--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence as determined by the Chair and Vice Chair, and
administer such oaths as the Task Force or a designated
member, as determined by the Chair or Vice Chair, may
determine advisable to be necessary to carry out the
functions of the Task Force; 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 person described in paragraph
(2)(A)(i) 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 Chair
and the Vice Chair; or
(II) by the affirmative vote of not
less than 9 members of the Task Force.
(ii) Signature.--Subpoenas issued under
this subsection may be issued under the
signature of the Chair or any member designated
by a majority of the Task Force, and may be
served by any person designated by the Chair or
by a member designated by agreement of the
majority of the Task Force.
(B) Enforcement.--In the case of contumacy or
failure to obey a subpoena issued under subsection, 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.
(3) Contracting.--The Task Force may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Task Force to discharge its duties
under this Act.
(4) Information from federal agencies.--
(A) In general.--The Task Force may access from any
executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Federal Government, such
information, documents, suggestions, estimates, and
statistics as the Task Force considers necessary to
carry out this section.
(B) Provision of information.--On written request
of the Chair, each department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law,
provide such information to the Task Force.
(C) Receipt, handling, storage, and
dissemination.--Information shall only be received,
handled, stored, and disseminated by members of the
Task Force and its staff consistent with all applicable
statutes, regulations, and executive orders.
(5) Assistance from federal agencies.--
(A) General services administration.--On request of
the Chair and Vice Chair, the Administrator of the
General Services Administration shall provide to the
Task Force, on a reimbursable basis, administrative
support and other assistance necessary for the Task
Force to carry out its duties.
(B) Other departments and agencies.--In addition to
the assistance provided for in subparagraph (A),
departments and agencies of the United States may
provide to the Task Force such assistance as such
departments and agencies may determine advisable and as
authorized by law.
(6) Donations.--The Task Force may accept, use, and dispose
of gifts or donations of services or property. Not later than 5
days after the acceptance of a donation under this subsection,
the Task Force shall publicly disclose--
(A) the name of the entity that provided such
donation;
(B) the service or property provided through such
donation;
(C) the value of such donation; and
(D) how the Task Force plans to use such donation.
(7) Postal services.--The Task Force may use the United
States mails in the same manner and under the same conditions
as a department or agency of the United States.
(f) Applicability of Federal Advisory Committee Act.--
(1) In general.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Task Force.
(2) Public meetings and release of public versions of
reports.--The Task Force shall--
(A) hold public hearings and meetings to the extent
appropriate; and
(B) release public versions of the reports required
under paragraphs (1) and (2) of subsection (j).
(3) Public hearings.--Any public hearings of the Task Force
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the Task
Force as required by any applicable statute, regulation, or
Executive order.
(g) Staff of Task Force.--
(1) In general.--
(A) Appointment and compensation.--The Chair of the
Task Force, in agreement with the Vice Chair, in
accordance with rules agreed upon by the Task Force,
may appoint and fix the compensation of a staff
director and such other personnel as may be necessary
to enable the Task Force 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.
(B) Personnel as federal employees.--
(i) In general.--The staff director and any
personnel of the Task Force 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 task force.--Clause (i)
shall not be construed to apply to members of
the Task Force.
(2) Detailees.--Upon request of the Chair and Vice Chair of
the Task Force, the head of any executive department, bureau,
agency, board, commission, office, independent establishment,
or instrumentality of the Federal Government employee may
detail, without reimbursement, any of its personnel to the Task
Force to assist in carrying out its duties under this section.
Any such detailee shall be without interruption or loss of
civil service status or privilege.
(3) Consultant services.--The Task Force 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.--Each member of the Task
Force shall serve without compensation, but shall receive travel
expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code.
(i) Security Clearances for Task Force Members and Staff.--The
appropriate Federal agencies or departments shall cooperate with the
Task Force in expeditiously providing to the Task Force members and
staff appropriate security clearances, consistent with existing
procedures and requirements. No person shall be provided with access to
classified information under this section without the appropriate
security clearances.
(j) Reports of Task Force; Termination.--
(1) Interim report.--Not later than 180 days after the date
of enactment of this Act, the Task Force shall submit to the
President, the Committee on Health, Education, Labor, and
Pensions of the Senate, and the Committee on Energy and
Commerce of the House of Representatives an interim report
containing such findings, conclusions, and recommendations as
have been agreed to by not less than 8 members of the Task
Force. Such interim report shall be made available online in a
manner that does not compromise national security.
(2) Final report.--
(A) In general.--Not later than 18 months after the
date on which the last member of the Task Force is
appointed, the Task Force shall submit to the
President, the Committee on Health, Education, Labor,
and Pensions of the Senate, and the Committee on Energy
and Commerce of the House of Representatives a final
report containing such findings, conclusions, and
recommendations as have been agreed to by not less than
8 members of the Task Force. The final report shall be
made available online in a manner that does not
compromise national security.
(B) Extensions.--
(i) In general.--The submission and
publication of the final report, as described
in subparagraph (A), may be delayed by 6 months
upon the agreement of not less than 8 members
of the Task Force.
(ii) Notification.--The Task Force shall
notify the President, the Committee on Health,
Education, Labor, and Pensions of the Senate,
the Committee on Energy and Commerce of the
House of Representatives, and the public of any
extension granted under clause (i).
(C) Special rules and considerations.--
(i) Rule of construction.--Nothing in this
subsection shall be construed as authorizing
the Task Force to publicly disclose information
otherwise prohibited from disclosure by law.
(ii) Special timing considerations.--
Notwithstanding any other provision of this
section, the Task Force shall not publish or
make available any interim or final report
during the 60-day periods ending November 5,
2024, and November 3, 2026.
(3) Termination.--
(A) In general.--The Task Force, and all the
authorities of this section, shall terminate 60 days
after the date on which the final report is submitted
under paragraph (2).
(B) Administrative activities before termination.--
The Task Force may use the 60-day period referred to in
subparagraph (A) for the purpose of concluding its
activities, including providing testimony to committees
of Congress concerning its reports and disseminating
the final report.
(k) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this Act.
(2) Duration of availability.--Amounts made available to
the Task Force under paragraph (1) shall remain available until
the termination of the Task Force.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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