Pandemic Preparedness, Response, and Recovery Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1001 To establish a commission to review certain regulatory obstacles to prepared- ness for, response to, and recovery from the COVID–19 pandemic and other pandemics, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 25, 2021 Mr. LANKFORD (for himself, Mr. JOHNSON, Mr. BRAUN, Mr. BARRASSO, and Mr. HAGERTY) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Af- fairs A BILL To establish a commission to review certain regulatory obsta- cles to preparedness for, response to, and recovery from the COVID–19 pandemic and other pandemics, and for other purposes. 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Pandemic Preparedness, Response, and Recovery Act of 5 2021’’. 6 VerDate Sep 11 2014 22:47 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1001.IS S1001 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1001 IS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Establishment of Commission. Sec. 5. Duties of the Commission. Sec. 6. Powers of the Commission. Sec. 7. Commission personnel matters. Sec. 8. Termination of the Commission. Sec. 9. Authorization of appropriations. SEC. 2. FINDINGS. 3 Congress finds that: 4 (1) Federal regulation serves important goals 5 and has achieved important objectives. The accumu- 6 lation of Federal regulations over the decades, how- 7 ever, is of concern. The Code of Federal Regulations 8 currently contains over 180,000 pages of regula- 9 tions, many of which may be outdated, no longer 10 needed, or duplicative. 11 (2) Unneeded or inefficient regulation reduces 12 the ability of United States employers and workers 13 to generate and obtain more jobs and higher wages. 14 It also increases the expenses of United States 15 households and hinders the overall performance and 16 competitiveness of the United States economy in the 17 global marketplace. 18 (3) Unneeded or inefficient regulation is par- 19 ticularly problematic as United States employers, 20 VerDate Sep 11 2014 22:47 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1001.IS S1001 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1001 IS workers, and households continue to respond to and 1 seek to recover from the COVID–19 pandemic. 2 (4) A timely and prioritized review of existing 3 regulations to identify those that can and should be 4 modified, consolidated, harmonized, or repealed to 5 promote higher jobs and wages, reduce household ex- 6 penses, and improve economic performance and com- 7 petitiveness in and by the United States is needed. 8 (5) Such a review, moreover, is needed to accel- 9 erate and strengthen the recovery of United States 10 employers, workers, and households from the 11 COVID–19 pandemic and ensure that Federal regu- 12 lations do not inhibit or impede preparedness for 13 and effective responses to future pandemics. 14 (6) The establishment of an expert commission, 15 charged to conduct such a review and recommend to 16 Congress legislation to effectuate a prioritized set of 17 regulatory modifications, consolidations, harmoni- 18 zations, and repeals, can ensure that such a review 19 will be completed in the timeliest possible way. 20 (7) In light of the adverse impacts of and cir- 21 cumstances caused by the COVID–19 pandemic, it 22 is particularly important that such a commission 23 prioritize in its review the elimination of regulatory 24 obstacles to the United States, the several States, 25 VerDate Sep 11 2014 22:47 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1001.IS S1001 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1001 IS and the people’s preparedness for, response to, and 1 recovery from the health and economic effects of the 2 COVID–19 pandemic and possible future pandemics, 3 for example, regulations that— 4 (A) impeded preparedness for or response 5 to the COVID–19 pandemic, including those 6 that were suspended or for which enforcement 7 was waived after the outbreak of the pandemic 8 under the authority of Executive Order 13924 9 (85 Fed. Reg. 31353; relating to regulatory re- 10 lief to support economic recovery) or any other 11 authority; 12 (B) could impede preparedness for or re- 13 sponse to a future pandemic; 14 (C) otherwise impeded or could impede 15 health, economic performance, or the stability 16 of wages or employment during the COVID–19 17 pandemic or a future pandemic, including those 18 that were suspended or for which enforcement 19 was waived after the outbreak of the pandemic 20 under the authority of Executive Order 13924 21 (85 Fed. Reg. 31353; relating to regulatory re- 22 lief to support economic recovery) or any other 23 authority; and 24 VerDate Sep 11 2014 22:47 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1001.IS S1001 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1001 IS (D) impede or could impede the recovery of 1 health, economic performance, or wages or em- 2 ployment following the COVID–19 pandemic or 3 a future pandemic, with a particular emphasis 4 on impediments to recovery by persons infected 5 by COVID–19 or a future pandemic disease, in- 6 dividuals or entities that supported or support 7 those persons, and entities that qualify as small 8 entities within the meaning of section 601 of 9 title 5, United States Code, and those entities’ 10 employees, contractors, or investors, including 11 by impeding— 12 (i) access to health care or health care 13 equipment or supplies; 14 (ii) access to employment; 15 (iii) access to public or private assist- 16 ance; 17 (iv) consumer or business spending, 18 investment, or access to capital or credit; 19 or 20 (v) other consumer or business activ- 21 ity, including hiring and education or re- 22 training. 23 SEC. 3. DEFINITIONS. 24 In this Act: 25 VerDate Sep 11 2014 22:47 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1001.IS S1001 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1001 IS (1) COMMISSION.—The term ‘‘Commission’’ 1 means the Pandemic Preparedness, Response, and 2 Recovery Commission established under section 4. 3 (2) COMMISSION BILL.—The term ‘‘Commission 4 bill’’ means a bill consisting of the proposed legisla- 5 tive language of the Commission recommended 6 under section 5(h)(2)(C) and introduced under sec- 7 tion 5(i)(1). 8 (3) COVERED REGULATION.—The term ‘‘cov- 9 ered regulation’’ means a regulation that has been 10 finalized not later than the date on which the Com- 11 mission is established. 12 SEC. 4. ESTABLISHMENT OF COMMISSION. 13 (a) ESTABLISHMENT.—There is established in the 14 legislative branch a commission to be known as the ‘‘Pan- 15 demic Preparedness, Response, and Recovery Commis- 16 sion’’. 17 (b) MEMBERSHIP.— 18 (1) COMPOSITION.—The Commission shall be 19 composed of 9 members, of whom— 20 (A) 1 member shall be appointed by the 21 President, and shall serve as the Chair of the 22 Commission; 23 (B) 2 members shall be appointed by the 24 majority leader of the Senate; 25 VerDate Sep 11 2014 22:47 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1001.IS S1001 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1001 IS (C) 2 members shall be appointed by the 1 minority leader of the Senate; 2 (D) 2 members shall be appointed by the 3 Speaker of the House of Representatives; and 4 (E) 2 members shall be appointed by the 5 minority leader of the House of Representa- 6 tives. 7 (2) DATE.—The appointment of the members 8 of the Commission shall be made not later than 30 9 days after the date of the enactment of this Act. 10 (3) QUALIFICATIONS.— 11 (A) CHAIR.—The Chair of the Commission 12 shall be an individual with expertise and experi- 13 ence in rulemaking, such as past Administra- 14 tors of the Office of Information and Regu- 15 latory Affairs, past chairs of the Administrative 16 Conference of the United States, and other in- 17 dividuals with similar expertise and experience 18 in rulemaking affairs and the administration of 19 regulatory reviews. 20 (B) MEMBERS.—Members appointed to the 21 Commission shall be prominent citizens of the 22 United States with national recognition and a 23 significant depth of experience and responsibil- 24 VerDate Sep 11 2014 22:47 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1001.IS S1001 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1001 IS ities in matters relating to, generally and with 1 respect to the matters identified in section 2— 2 (i) government service; 3 (ii) regulatory policy; 4 (iii) public health; 5 (iv) economics; 6 (v) Federal agency management; 7 (vi) public administration; and 8 (vii) law. 9 (4) LIMITATION.—Not more than 5 members 10 appointed to the Commission may be from the same 11 political party. 12 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem- 13 bers shall be appointed for the life of the Commission. Any 14 vacancy in the Commission shall not affect its powers, but 15 shall be filled in the same manner as the original appoint- 16 ment. 17 (d) INITIAL MEETING.—Not later than 15 days after 18 the date on which all members of the Commission have 19 been appointed, the Commission shall hold its first meet- 20 ing. 21 (e) MEETINGS.—The Commission shall meet at the 22 call of the Chair. 23 (f) OPEN TO THE PUBLIC.—Each meeting of the 24 Commission shall be open to the public. 25 VerDate Sep 11 2014 22:47 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1001.IS S1001 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1001 IS (g) QUORUM.—Five members of the Commission 1 shall constitute a quorum, but a lesser number of members 2 may hold hearings. 3 (h) NONAPPLICABILITY OF THE FEDERAL ADVISORY 4 COMMITTEE ACT.—The Federal Advisory Committee Act 5 (5 U.S.C. App.) shall not apply to the Commission. 6 SEC. 5. DUTIES OF THE COMMISSION. 7 (a) PURPOSE.—The purpose of the Commission is to 8 evaluate and provide recommendations for modification, 9 consolidation, harmonization, or repeal of covered regula- 10 tions, while reducing compliance costs, encouraging 11 growth and innovation, improving competitiveness, and 12 protecting public health, safety, and welfare. 13 (b) REQUIREMENTS.—In carrying out subsection (a), 14 the Commission shall— 15 (1) prioritize in its analysis of covered regula- 16 tions, those covered regulations— 17 (A) for which modification, consolidation, 18 harmonization, or repeal could assist in the 19 United States— 20 (i) recovery from or continued re- 21 sponse to the adverse health and economic 22 impacts of the COVID–19 pandemic; or 23 (ii) preparedness for, response to, or 24 recovery from a future pandemic; 25 VerDate Sep 11 2014 22:47 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1001.IS S1001 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1001 IS (B) that impose disproportionately high 1 costs on a small entity (as defined in section 2 601 of title 5, United States Code); 3 (C) that impose substantial paperwork 4 burdens; or 5 (D) that could be strengthened in their ef- 6 fectiveness while reducing regulatory costs; 7 (2) consider in its analysis of covered regula- 8 tions the regulatory principles articulated in section 9 1 of Executive Order 12866 (58 Fed. Reg. 51735; 10 relating to regulatory planning and review); 11 (3) solicit and review comments from the public 12 on the covered regulations described in this section; 13 and 14 (4) develop a set of covered regulations to mod- 15 ify, consolidate, harmonize, or repeal, with input 16 from each appropriate issuing agency involved, to be 17 submitted to Congress for an up-or-down vote, with 18 the goal of eliminating as many of the impediments 19 described in this section as is reasonably possible. 20 (c) PUBLIC COMMENTS.— 21 (1) IN GENERAL.—Not later than 15 days after 22 the date of the initial meeting of the Commission, 23 the Commission shall initiate a process to solicit and 24 collect written recommendations from the general 25 VerDate Sep 11 2014 22:47 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1001.IS S1001 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1001 IS public, interested parties, Federal agencies, and 1 other relevant entities regarding which covered regu- 2 lations should be examined. 3 (2) SUBMISSION OF PUBLIC COMMENTS.—The 4 Commission shall ensure that the process initiated 5 under paragraph (1) allows for recommendations to 6 be submitted to the Commission through the website 7 of the Commission, through regulations.gov, by mail, 8 or through any other means determined to be appro- 9 priate by the Commission. 10 (3) LENGTH OF PUBLIC COMMENT PERIOD.— 11 The period for the submission of recommendations 12 under this subsection shall end 60 days after the 13 date on which the process is initiated under para- 14 graph (1). 15 (4) PUBLICATION.—At the end of the period for 16 the submission of recommendations under this sub- 17 section, all submitted recommendations shall be pub- 18 lished in the Federal Register and on— 19 (A) the website of the Commission; or 20 (B) regulations.gov. 21 (d) COMMISSION OUTREACH.— 22 (1) IN GENERAL.—During the public comment 23 period described in subsection (c), the Commission 24 shall conduct public outreach and convene focus 25 VerDate Sep 11 2014 22:47 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1001.IS S1001 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1001 IS groups to better inform the commissioners of the 1 public’s interest and possible contributions to the 2 work of the Commission. 3 (2) FOCUS GROUPS.—The focus groups re- 4 quired under paragraph (1) shall include individuals 5 affiliated with the Office of Information and Regu- 6 latory Affairs, the Administrative Conference of the 7 United States, the offices within Federal agencies 8 responsible for small business affairs and regulatory 9 compliance, experts in pandemic preparedness and 10 response, experts in public health, and, at the discre- 11 tion of the Commission, relevant stakeholders from 12 within or outside the regulatory entities. 13 (e) COMMISSION REVIEW OF PUBLIC COMMENTS.— 14 Not later than 15 days after the date on which the period 15 for the submission of recommendations ends under sub- 16 section (c), the Commission shall convene to review sub- 17 mitted recommendations, prepare a work plan for comple- 18 tion of the Commission’s further work, and to identify [Text truncated for display. 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