Plain English summary not yet available
The full original text is available below. Check back soon as we process this bill.
I
116TH CONGRESS
2D SESSION
H. R. 6440
To establish the National Commission on the COVID–19 Pandemic.
IN THE HOUSE OF REPRESENTATIVES
APRIL 3, 2020
Mr. RODNEY DAVIS of Illinois (for himself, Mr. TRONE, Mr. VAN DREW, Mr.
UPTON, Mr. KING of New York, Mr. FORTENBERRY, Mr. WILSON of
South Carolina, Mr. SIMPSON, Mr. YOUNG, Mr. LUCAS, Mr. JOYCE of
Ohio, Mr. JOHNSON of South Dakota, and Mr. MOOLENAAR) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
A BILL
To establish the National Commission on the COVID–19
Pandemic.
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 ‘‘Pandemic Rapid Re-
4
sponse Act’’.
5
SEC. 2. ESTABLISHMENT OF COMMISSION.
6
There is established in the legislative branch the Na-
7
tional Commission on the COVID–19 Pandemic (in this
8
Act referred to as the ‘‘Commission’’).
9
VerDate Sep 11 2014
03:00 Apr 14, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6440.IH
H6440
kjohnson on DSK79L0C42PROD with BILLS
2
•HR 6440 IH
SEC. 3. MEMBERSHIP.
1
(a) IN GENERAL.—The Commission shall be com-
2
posed of 10 members as follows:
3
(1) One member, who shall serve as the Chair
4
of the Commission, shall be appointed by the Speak-
5
er of the House of Representatives in consultation
6
with the majority leader of the Senate and the mi-
7
nority leader of the House.
8
(2) One member, who shall serve as Vice Chair
9
of the Commission, shall be appointed by the major-
10
ity leader of the Senate in consultation with the
11
Speaker and the minority leader of the Senate.
12
(3) Two members shall be appointed by the ma-
13
jority leader of the Senate.
14
(4) Two members shall be appointed by the mi-
15
nority leader of the Senate.
16
(5) Two members shall be appointed by the
17
Speaker of the House of Representatives.
18
(6) One member shall be appointed by the mi-
19
nority leader of the House of Representatives.
20
(7) One member shall be appointed by the
21
President.
22
(b) QUALIFICATIONS; INITIAL MEETING.—
23
(1) POLITICAL PARTY AFFILIATION.—Not more
24
than 5 members of the Commission shall be from
25
the same political party.
26
VerDate Sep 11 2014
03:00 Apr 14, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6440.IH
H6440
kjohnson on DSK79L0C42PROD with BILLS
3
•HR 6440 IH
(2) NONGOVERNMENTAL APPOINTEES.—An in-
1
dividual appointed to the Commission may not be an
2
officer or employee of the Federal Government or
3
any State or local government.
4
(3) OTHER QUALIFICATIONS.—It is the sense of
5
Congress that individuals appointed to the Commis-
6
sion should be prominent citizens of the United
7
States, with national recognition and significant
8
depth of experience in such professions as govern-
9
mental service, biological science, and higher edu-
10
cation, and that members should include individuals
11
with expertise in the medical community, including
12
hospital experts and administrators.
13
(4) DEADLINE FOR APPOINTMENT.—All mem-
14
bers of the Commission shall be appointed on or be-
15
fore December 15, 2020.
16
(5) INITIAL MEETING.—The Commission shall
17
hold its initial meeting and begin to carry out its du-
18
ties as soon as practicable after the appointment of
19
its members.
20
(c) QUORUM; VACANCIES.—After its initial meeting,
21
the Commission shall meet upon the call of the Chair or
22
a majority of its members. Six members of the Commis-
23
sion shall constitute a quorum. Any vacancy in the Com-
24
mission shall not affect its powers, but shall be filled in
25
VerDate Sep 11 2014
03:00 Apr 14, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6440.IH
H6440
kjohnson on DSK79L0C42PROD with BILLS
4
•HR 6440 IH
the same manner in which the original appointment was
1
made.
2
(d) COMPENSATION.—Each member of the Commis-
3
sion may be compensated at not to exceed the daily equiva-
4
lent of the annual rate of basic pay in effect for a position
5
at level IV of the Executive Schedule under section 5315
6
of title 5, United States Code, for each day during which
7
that member is engaged in the actual performance of the
8
duties of the Commission.
9
(e) ESTABLISHMENT
OF SUBCOMMITTEES.—With
10
the approval of a majority of its members, the Commission
11
may establish and assign duties to a subcommittee within
12
the Commission.
13
SEC. 4. DUTIES.
14
(a) IN GENERAL.—The duties of the Commission are
15
to—
16
(1) conduct an investigation on the relevant
17
facts and circumstances relating to the COVID–19
18
pandemic;
19
(2) compile a comprehensive national plan to
20
respond to future global and national viral outbreaks
21
and medical emergencies in light of the COVID–19
22
pandemic;
23
(3) ascertain, evaluate, and report on the evi-
24
dence developed by all relevant governmental agen-
25
VerDate Sep 11 2014
03:00 Apr 14, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6440.IH
H6440
kjohnson on DSK79L0C42PROD with BILLS
5
•HR 6440 IH
cies regarding the facts and circumstances sur-
1
rounding the COVID–19 pandemic, including the
2
cause and location of the original virus outbreak as
3
well as the documented testing shortages and testing
4
failures associated with the virus;
5
(4) make a full and complete accounting of the
6
circumstances surrounding the pandemic, and the
7
extent of the Nation’s preparedness for, and imme-
8
diate response to, the pandemic;
9
(5) examine the preparedness and adequacy of
10
the Strategic National Stockpile of medical equip-
11
ment, and develop and make recommendations for
12
implementing a national plan in partnership with
13
Federal, State, and local governments and private
14
industry to adequately respond in the event of a fu-
15
ture global or national pandemic;
16
(6) identify, review, and evaluate the lessons
17
learned from the COVID–19 pandemic regarding the
18
structure, coordination, management policies, and
19
procedures of the Federal Government, and, if ap-
20
propriate, State and local governments and non-
21
governmental entities, with respect to detecting, pre-
22
venting, and responding to the spread of infectious
23
disease; and
24
VerDate Sep 11 2014
03:00 Apr 14, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6440.IH
H6440
kjohnson on DSK79L0C42PROD with BILLS
6
•HR 6440 IH
(7) submit to the President and Congress such
1
reports as are required by this Act on its findings,
2
conclusions, and recommendations for corrective
3
measures that can be taken to prevent a similar out-
4
break from occurring in the future, including appro-
5
priate organization, coordination, planning, manage-
6
ment arrangements, procedures, rules, and regula-
7
tions.
8
(b) AVOIDING
UNNECESSARY
DUPLICATION
OF
9
WORK.—In carrying out its duties, the Commission shall
10
avoid unnecessary duplication of work by—
11
(1) building upon and reviewing the findings,
12
conclusions, and recommendations resulting from in-
13
vestigations of the COVID–19 pandemic by other
14
government entities, including—
15
(A) investigations made by the Govern-
16
ment Accountability Office under the Coronavi-
17
rus Aid, Relief, and Economic Security Act;
18
(B) investigations made by committees of
19
Congress with jurisdiction over issues relating
20
to the pandemic; and
21
(C) investigations made by other executive
22
branch offices, including independent commis-
23
sions;
24
VerDate Sep 11 2014
03:00 Apr 14, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6440.IH
H6440
kjohnson on DSK79L0C42PROD with BILLS
7
•HR 6440 IH
(2) including in its reports relevant facts and
1
circumstances relating to any reports or investiga-
2
tions that have already been conducted by Federal
3
agencies such as the Department of Health and
4
Human Services, the Centers for Disease Control
5
and Prevention, the Food and Drug Administration,
6
and any other Federal agencies that may have com-
7
piled relevant information on the pandemic; and
8
(3) giving priority to pursuing areas of inquiry
9
on the pandemic that the Commission determines
10
are based on newly available information or that oth-
11
erwise have not yet been investigated by the relevant
12
Federal agencies and committees of Congress.
13
SEC. 5. POWERS OF COMMISSION.
14
(a) HEARINGS
AND EVIDENCE.—The Commission
15
may, for the purpose of carrying out this Act, hold hear-
16
ings, sit and act at times and places, take testimony, and
17
receive evidence as the Commission considers appropriate.
18
The Commission may administer oaths or affirmations to
19
witnesses appearing before it.
20
(b) INFORMATION FROM FEDERAL AGENCIES.—
21
(1) IN GENERAL.—The Commission is author-
22
ized to secure directly from any department, agency,
23
or office of the United States such information as
24
the Commission determines to be necessary to carry
25
VerDate Sep 11 2014
03:00 Apr 14, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6440.IH
H6440
kjohnson on DSK79L0C42PROD with BILLS
8
•HR 6440 IH
out this Act. The head of each such department,
1
agency, or office shall furnish such information to
2
the Commission upon request made by the chair of
3
the Commission, the chair of any subcommittee es-
4
tablished by the Commission, or any member des-
5
ignated to by a majority of the Commission to re-
6
ceive such information.
7
(2) TREATMENT OF INFORMATION RECEIVED.—
8
Any information obtained by the Commission under
9
this subsection shall be received, handled, stored,
10
and disseminated by members of the Commission
11
and its staff consistent with all applicable statutes,
12
regulations, and Executive orders.
13
(c) ASSISTANCE FROM OTHER SOURCES.—
14
(1) GENERAL
SERVICES
ADMINISTRATION.—
15
The Administrator of General Services shall provide
16
to the Commission on a reimbursable basis adminis-
17
trative support and other services for the perform-
18
ance of the Commission’s duties.
19
(2) OTHER DEPARTMENTS AND AGENCIES.—In
20
addition to the assistance prescribed in paragraph
21
(1), departments and agencies of the United States
22
may provide to the Commission such services, funds,
23
facilities, staff, and other support services as they
24
VerDate Sep 11 2014
03:00 Apr 14, 2020
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6440.IH
H6440
kjohnson on DSK79L0C42PROD with BILLS
9
•HR 6440 IH
may determine advisable and as may be authorized
1
by law.
2
(3) CONSULTATION
WITH
OTHER
ORGANIZA-
3
TIONS.—In addition to assistance from Federal
4
agencies, departments, and congressional committees
5
of jurisdiction, the Commission shall consult the
6
World Health Organization and other global health
7
experts outside the United States.
8
(d) PUBLIC AVAILABILITY OF HEARINGS AND RE-
9
PORTS.—
10
(1) IN GENERAL.—To the extent appropriate,
11
the Commission shall—
12
(A) hold public hearings and meetings; and
13
(B) release public versions of its reports.
14
(2) REQUIREMENTS FOR PUBLIC HEARINGS.—
15
Any public hearings of the Commission shall be con-
16
ducted in a manner consistent with the protection of
17
information provided to or developed for or by the
18
Commission as required by any applicable statute,
19
regulation, or Executive order.
20
(e) APPLICATION
OF CONGRESSIONAL ACCOUNT-
21
ABILITY ACT OF 1995.—For purposes of the Congres-
22
sional Accountability Act of 1995 (2 U.S.C. 1301 et
23
seq.)—
24
VerDate Sep 11 2014
03:00 Apr 14, 2020
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6440.IH
H6440
kjohnson on DSK79L0C42PROD with BILLS
10
•HR 6440 IH
(1) the Commission shall be considered an em-
1
ploying office; and
2
(2) the employees of the Commission shall be
3
considered covered employees.
4
SEC. 6. STAFF OF COMMISSION.
5
(a) AUTHORIZING APPOINTMENT OF STAFF.—The
6
Chair of the Commission, in consultation with the Vice
7
Chair of the Commission and in accordance with rules
8
adopted by the Commission, may appoint and fix the com-
9
pensation of a staff director and such other personnel as
10
may be necessary to enable the Commission to carry out
11
its duties.
12
(b) EXPERTS AND CONSULTANTS.—Subject to rules
13
prescribed by the Commission, the Commission may pro-
14
cure temporary and intermittent services under section
15
3109(b) of title 5, United States Code.
16
(c) STAFF OF FEDERAL AGENCIES.—Upon request
17
of the Commission, the head of any Federal department
18
or agency may detail, on a reimbursable basis, any of the
19
personnel of that department or agency to the Commission
20
to assist it in carrying out its duties under this Act.
21
SEC. 7. REPORTS; TERMINATION.
22
(a) REPORTS.—
23
(1) INTERIM REPORTS.—The Commission may
24
submit to the President and Congress interim re-
25
VerDate Sep 11 2014
03:00 Apr 14, 2020
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6440.IH
H6440
kjohnson on DSK79L0C42PROD with BILLS
11
•HR 6440 IH
ports containing such findings, conclusions, and rec-
1
ommendations for corrective measures as have been
2
agreed to by a majority of Commission members.
3
(2) FINAL REPORT.—Not later than 18 months
4
after the date of the enactment of this Act, the
5
Commission shall submit to the President and Con-
6
gress a final report containing such findings, conclu-
7
sions, and recommendations for corrective measures
8
as have been agreed to by a majority of Commission
9
members.
10
(b) TERMINATION.—The Commission shall terminate
11
60 days after the date on which the final report is sub-
12
mitted under this section.
13
SEC. 8. FUNDING.
14
There are authorized to be appropriated to the Com-
15
mission such sums as may be necessary for the Commis-
16
sion to carry out its duties under this Act, of which—
17
(1) 50 percent shall be derived from the contin-
18
gent fund of the Senate; and
19
(2) 50 percent shall be derived from the appli-
20
cable accounts of the House of Representatives.
21
Æ
VerDate Sep 11 2014
03:00 Apr 14, 2020
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H6440.IH
H6440
kjohnson on DSK79L0C42PROD with BILLS