Pandemics Require Evaluating, Planning, And Responding Effectively Act or the PREPARE Act
This bill establishes the National Commission on the COVID-19 Pandemic in the legislative branch and sets out its duties and membership.
The commission must investigate and report on the nation's preparedness for and response to the COVID-19 (i.e., coronavirus disease 2019) pandemic. It terminates 60 days after the submission of its final report.
The bill exempts the commission from certain requirements that apply to federal advisory committees.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 834 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 834
To establish the National Commission on the COVID-19 Pandemic, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2021
Mr. Posey 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 the National Commission on the COVID-19 Pandemic, and for
other purposes.
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 ``Pandemics Require Evaluating,
Planning, And Responding Effectively Act'' or the ``PREPARE Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the National
Commission on the COVID-19 Pandemic (in this Act referred to as the
``Commission'').
SEC. 3. PURPOSES.
The purposes of the Commission are to--
(1) examine and report upon the facts and causes relating
to the COVID-19 pandemic that resulted from the global spread
of the SARS-CoV-2 virus, from Wuhan, China;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the pandemic and the
emergence of SARS-CoV-2;
(3) build upon the investigations of other entities, and
avoid unnecessary duplication by critically reviewing the
findings, conclusions, and recommendations of executive branch,
congressional, or independent commission investigations into
the COVID-19 pandemic while adopting only the findings,
conclusions, and recommendations of such investigations as the
Commission shall find accurate and unbiased;
(4) make a full and complete accounting of the
circumstances surrounding the pandemic, and the extent of the
United States preparedness for, and immediate response to, the
pandemic; and
(5) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for corrective
measures that can be taken to prevent, better prepare for, and
respond to pandemics.
SEC. 4. CONSIDERATIONS.
In carrying out its duties in furtherance of the purposes specified
in section 2, the Commission shall consider the following:
(1) Compiling a full and complete accounting of the
circumstances surrounding the emergence of the 2019 novel
coronavirus, the Nation's preparedness for the 2019 novel
coronavirus pandemic, and the actions taken by Federal, State,
local, Tribal, and territorial governments at critical
junctures before and after the World Health Organization
designated the 2019 novel coronavirus as a public health
emergency of international concern on January 30, 2020.
(2) Evaluating the effectiveness of United States public
health reconnaissance and intelligence in recognizing the
COVID-19 pandemic at its source and effectively mobilizing the
nation to meet the challenge of the pandemic.
(3) Identifying biological collaborations among government,
private, nonprofit, not-for-profit entities, and other
scientific communities, evaluating the manner in which such
collaborations can increase the risk of accidental releases of
harmful pathogens, and making recommendations that will
decrease such risks.
(4) Identifying the lead person or agency of the Federal
Government responsible for conducting the reconnaissance and
intelligence in (1) and evaluating the performance of this
entity and the efficacy of the assignment of such lead to this
entity.
(5) Articulating the policy objectives of the Federal
Government in preparing, responding to and recovering from a
pandemic and the performance metrics and standards to evaluate
contributions to the overall objectives as articulated.
(6) Identifying the current agency of the Federal
Government with the lead for pandemic preparedness and
response.
(7) Evaluating the integration of the pandemic planning
into the National Preparedness System and other preparedness
activities throughout the Federal Government.
(8) Evaluating the performance of the Federal, State, and
local governments in preparing for and responding to the COVID-
19 declared emergency within the context of the National
Preparedness System.
(9) Assessment of the assignment of roles and
responsibilities among Federal, State, and local governments in
preparing for, responding to and recovering from the COVID-19
pandemic.
(10) Evaluation of the performance of an all-hazard
preparedness and response system in meeting the challenges of
the COVID-19 emergency and whether actions should be taken to
adapt preparedness and response to unique circumstances related
to pandemics.
(11) Evaluating whether the identification of lead person
or agency for pandemic preparedness is clear and effective and
whether the lead for pandemic preparedness and response
requires consolidation or should be reassigned to an
alternative agency.
(12) Examining ways to improve integration and coordination
of preparedness and responses to pandemics at all levels of
government, Federal, State, and local.
(13) Evaluating the resilience of production responses to
the COVID-19 crisis particularly those related medicines,
medical equipment, protective equipment and other medical
supplies and the role of the Federal and other governments in
responding to supply chain needs for pandemics.
(14) Identifying and evaluating the degree of reliance of
the United States on vulnerable supply chains for medicines,
medical equipment, protective equipment and other medical
supplies necessary to prepare for and respond to a pandemic and
all reasonable alternatives for mitigating such vulnerabilities
in future pandemics.
(15) Evaluating the contribution of the Defense Production
Act in the COVID-19 emergency and whether this law should be
amended to improve pandemic preparedness and response.
(16) Evaluating the National Stockpile in preparing for and
responding to pandemics, the performance of the National
Stockpile in responding to the COVID-19 emergency, and all
reasonable alternatives improving the management and
contributions of the Stockpile in preparing for and responding
to future pandemics.
(17) Evaluating the role of the Federal Government in
developing and approving surveillance, testing, treatments,
therapeutics and vaccines for COVID-19 and all reasonable
alternatives to improve the development of therapeutics and
vaccines in future pandemics.
(18) Evaluating the Federal, State, and local response to
the COVID-19 emergency related to ensuring adequate national
surge capacity infrastructure in hospitals and medical centers
and alternatives for improving such preparedness and response
to ensure adequate capacity in future pandemics.
(19) Identifying and evaluating the array of public health
interventions at the Federal, State, and local levels,
including mask orders, social distancing practices, stay-at-
home directives, school and business closures, and other
measures, implemented in response to the COVID-19 emergency and
evaluating all reasonable alternatives for improving such
public health responses in future pandemics with a due
consideration of the economic and other public health costs and
tradeoffs associated with such measures.
(20) Evaluating the performance of financial markets and
regulators during the COVID-19 emergency.
(21) Evaluating the overall efficacy of the Federal
economic response to the COVID-19 emergency and recommendations
for modifying those responses to improve preparedness and
response to future pandemics.
(22) Any other feature of the COVID-19 emergency that would
improve the prevention, preparedness and response to future
pandemic emergencies.
SEC. 5. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 1 member shall be appointed by the President, who shall
serve as chairperson of the Commission;
(2) 1 member shall be appointed by the leader of the Senate
whose political party is other than the political party of the
President (regardless of whether such individual is the
majority or minority leader), in consultation with the leader
of the House of Representatives whose political party is other
than the political party of the President (regardless of
whether such individual is the Speaker of the House of
Representatives or the minority leader), who shall serve as
vice chairperson of the Commission;
(3) 2 members shall be appointed by the senior member of
the majority leadership of the Senate;
(4) 2 members shall be appointed by the senior member of
the majority leadership of the House of Representatives;
(5) 2 members shall be appointed by the senior member of
the minority leadership of the Senate; and
(6) 2 members shall be appointed by the senior member of
the minority leadership of the House of Representatives.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Each major political
party shall be represented by not fewer than five members of
the Commission.
(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 depth of experience in such professions as
governmental service, science, health, law, public
administration, intelligence gathering, commerce, logistics,
and foreign affairs.
(4) No conflicts of interest.--An individual appointed to
the Commission may not have a conflict of interest with respect
to any potential issue or inquiry that may come within the
purview of the Commission consistent with Federal law relating
to conflicts-of-interest and congressional ethics rules.
(5) Deadline for appointment.--All members of the
Commission shall be appointed not later than 90 days after the
date of the enactment of this Act.
(6) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairman 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.
SEC. 6. FUNCTIONS OF COMMISSION.
The functions of the Commission are to--
(1) conduct an investigation that--
(A) investigates relevant facts and circumstances
relating to the COVID-19 pandemic, including any
relevant legislation, Executive order, regulation,
plan, policy, scientific research, practice, or
procedure; and
(B) include relevant facts and circumstances
relating to--
(i) scientific and public health research;
(ii) public and private scientific
organizations;
(iii) charitable organizations;
(iv) academic organizations;
(v) economic, education, scientific and
commercial institutions;
(vi) healthcare, public health policies,
and pandemic preparedness;
(vii) the role of congressional oversight
and resource allocation; and
(viii) other areas of the public and
private sectors determined relevant by the
Commission for its inquiry;
(2) identify, review, and evaluate the lessons learned from
the COVID-19 pandemic from how the virus emerged and spread to
the ongoing response efforts, regarding the structure,
coordination, management policies, and procedures of the
Federal Government, and, where appropriate, State and local
governments, nongovernmental entities and international
organizations, relative to detecting, preventing, and
responding to such disease events; and
(3) submit to the President and Congress such reports as
are required by this title containing such findings,
conclusions, and recommendations as the Commission shall
determine, including proposing organization, coordination,
planning, management arrangements, procedures, rules, and
regulations.
SEC. 7. 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 title--
(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
chairman and the vice chairman; 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 chairman or
any member designated by a majority of the
Commission, and may be served by any person
designated by the chairman 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
subsection (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 title.
(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 purposes of this title. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman 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. 8. 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.--
(1) Each Commission meeting shall be open to the public.
(2) Except when the Commission determines otherwise for
reasons of national security, timely notice of each such
meeting shall be published in the Federal Register, and the
Commission shall; publish procedures to provide for other types
of public notice to ensure that all interested persons are
notified of such meeting prior thereto.
(3) Interested persons shall be permitted to attend, appear
before, or file statements with the Commission, subject to such
reasonable procedures as the Commission may prescribe and
publish.
(c) Records.--
(1) Maintenance of records.--The Commission shall maintain
and dispose of all records related to Commission, its meeting
and general business in accordance with statutes governing the
maintenance and disposition of records that apply to any agency
of the Federal Government.
(2) Public access.--In accordance with procedures to be
adopted and published by the Commission, the records, reports,
transcripts, minutes, appendixes, working papers, drafts,
studies, agenda, or other documents which were made available
to or prepared for or by the Commission shall be available for
public inspection and copying at a single location in the
offices of the Commission until the Commission ceases to exist
and after the termination of the Commission, such records shall
be transferred to the National Archives and Records
Administration.
(3) Exemptions.--The requirement for public access under
paragraph (2) shall not apply to records that are--
(A) specifically authorized under criteria
established by an Executive order to be kept secret in
the interest of national defense or foreign policy and
are in fact properly classified pursuant to such
Executive order;
(B) related solely to the internal personnel rules
and practices of any Federal agency;
(C) specifically exempted from disclosure by
statute, if that statute--
(i) requires that the matters be withheld
from the public in such a manner as to leave no
discretion on the issue; or
(ii) establishes particular criteria for
withholding or refers to particular types of
matters to be withheld;
(D) trade secrets and commercial or financial
information obtained from a person and privileged or
confidential;
(E) that are inter-agency or intra-agency
memorandums or letters that would not be available by
law to a party other than an agency including the
Commission in litigation with the agency, provided that
the deliberative process privilege shall not apply to
records created 25 years or more before the date on
which the records were requested;
(F) personnel and medical files and similar files
the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy;
(G) records or information compiled for law
enforcement purposes, but only to the extent that the
production of such law enforcement records or
information--
(i) could reasonably be expected to
interfere with enforcement proceedings;
(ii) would deprive a person of a right to a
fair trial or an impartial adjudication;
(iii) could reasonably be expected to
constitute an unwarranted invasion of personal
privacy;
(iv) could reasonably be expected to
disclose the identity of a confidential source,
including a State, local, or foreign agency or
authority or any private institution which
furnished information on a confidential basis,
and, in the case of a record or information
compiled by criminal law enforcement authority
in the course of a criminal investigation or by
an agency conducting a lawful national security
intelligence investigation, information
furnished by a confidential source;
(v) would disclose techniques and
procedures for law enforcement investigations
or prosecutions, or would disclose guidelines
for law enforcement investigations or
prosecutions if such disclosure could
reasonably be expected to risk circumvention of
the law; or
(vi) could reasonably be expected to
endanger the life or physical safety of any
individual;
(H) contained in or related to examination,
operating, or condition reports prepared by, on behalf
of, or for the use of an agency responsible for the
regulation or supervision of financial institutions; or
(I) geological and geophysical information and
data, including maps, concerning wells.
Any reasonably segregable portion of a record shall be provided
to any person requesting such record after deletion of the
portions which are exempt under this subsection. The amount of
information deleted, and the exemption under which the deletion
is made, shall be indicated on the released portion of the
record, unless including that indication would harm an interest
protected by the exemption in this subsection under which the
deletion is made. If technically feasible, the amount of the
information deleted, and the exemption under which the deletion
is made, shall be indicated at the place in the record where
such deletion is made.
(4) Construction.--Nothing in paragraph (3) shall be
construed as imposing any limitation whatsoever on the scope or
subject matter of the Commission's inquiry. The Commission
shall arrange for secure access to all Commission records and a
comprehensive Commission report without redaction by any Member
of Congress or authorized individual with a required security
clearance in appropriately secure facilities.
(d) 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. 9. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
consultation with vice chairman, 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 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.
(d) Conflicts of Interest.--All individuals whose services are
rendered to the Commission will be free from any financial, academic,
personal, or professional conflicts of interest which may interfere
with the work of the Commission.
SEC. 10. COMPENSATION AND TRAVEL EXPENSES.
(a) 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.
(b) 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(b) of title 5, United States Code.
SEC. 11. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments 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. 12. 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 18 months after the date of the
enactment of this Act, 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 title, 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. 13. 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 paragraph (a) shall remain available until the
termination of the Commission.
(c) Notice.--The chair shall promptly notify Congress if the chair
determines that the amounts made available to the Commission under
subsection (a) are insufficient for the Commission to carry out its
duties.
<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.
Referred to the Subcommittee on Health.
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