Pandemic Preparedness, Response, and Recovery Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7929 To establish a commission to review certain regulatory obstacles to prepared- ness for, response to, and recovery from the Coronavirus SARS–CoV– 2 pandemic and other pandemics, and for other purposes. IN THE HOUSE OF REPRESENTATIVES AUGUST 4, 2020 Ms. FOXX of North Carolina (for herself and Mr. COMER) introduced the fol- lowing bill; which was referred to the Committee on Energy and Com- merce, and in addition to the Committees on Education and Labor, Fi- nancial Services, and Rules, 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 a commission to review certain regulatory obsta- cles to preparedness for, response to, and recovery from the Coronavirus SARS–CoV–2 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 2020’’. 6 VerDate Sep 11 2014 23:02 Aug 25, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7929.IH H7929 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7929 IH (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. Definitions. Sec. 3. Establishment of Commission. Sec. 4. Duties of the Commission. Sec. 5. Powers of the Commission. Sec. 6. Commission personnel matters. Sec. 7. Termination of the Commission. Sec. 8. Authorization of appropriations. SEC. 2. DEFINITIONS. 3 In this Act: 4 (1) COMMISSION.—The term ‘‘Commission’’ 5 means the Pandemic Preparedness, Response, and 6 Recovery Commission established under section 3. 7 (2) COMMISSION BILL.—The term ‘‘Commission 8 bill’’ means a bill consisting of the proposed legisla- 9 tive language of the Commission recommended 10 under section 4(h)(2)(C) and introduced under sec- 11 tion 4(i)(1). 12 (3) COVERED REGULATION.—The term ‘‘cov- 13 ered regulation’’ means a regulation that has been 14 finalized not later than the date on which the Com- 15 mission is established. 16 SEC. 3. ESTABLISHMENT OF COMMISSION. 17 (a) ESTABLISHMENT.—There is established in the 18 legislative branch a commission to be known as the ‘‘Pan- 19 demic Preparedness, Response, and Recovery Commis- 20 sion’’. 21 VerDate Sep 11 2014 23:02 Aug 25, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7929.IH H7929 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7929 IH (b) MEMBERSHIP.— 1 (1) COMPOSITION.—The Commission shall be 2 composed of 9 members, of whom— 3 (A) 1 member shall be appointed by the 4 President, and shall serve as the Chair of the 5 Commission; 6 (B) 2 members shall be appointed by the 7 majority leader of the Senate; 8 (C) 2 members shall be appointed by the 9 minority leader of the Senate; 10 (D) 2 members shall be appointed by the 11 Speaker of the House of Representatives; and 12 (E) 2 members shall be appointed by the 13 minority leader of the House of Representa- 14 tives. 15 (2) DATE.—The appointment of the members 16 of the Commission shall be made not later than 30 17 days after the date of the enactment of this Act. 18 (3) QUALIFICATIONS.— 19 (A) CHAIR.—The Chair of the Commission 20 shall be an individual with expertise and experi- 21 ence in rulemaking, such as past Administra- 22 tors of the Office of Information and Regu- 23 latory Affairs, past chairmen of the Administra- 24 tive Conference of the United States, and other 25 VerDate Sep 11 2014 23:02 Aug 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7929.IH H7929 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7929 IH individuals with similar expertise and experi- 1 ence in rulemaking affairs and the administra- 2 tion of regulatory reviews. 3 (B) MEMBERS.—Members appointed to the 4 Commission shall be prominent citizens of the 5 United States with national recognition and a 6 significant depth of experience and responsibil- 7 ities in matters relating to government service, 8 regulatory policy, public health, economics, Fed- 9 eral agency management, public administration, 10 and law. 11 (4) LIMITATION.—Not more than 5 members 12 appointed to the Commission may be from the same 13 political party. 14 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem- 15 bers shall be appointed for the life of the Commission. Any 16 vacancy in the Commission shall not affect its powers, but 17 shall be filled in the same manner as the original appoint- 18 ment. 19 (d) INITIAL MEETING.—Not later than 15 days after 20 the date on which all members of the Commission have 21 been appointed, the Commission shall hold its first meet- 22 ing. 23 (e) MEETINGS.—The Commission shall meet at the 24 call of the Chairman. 25 VerDate Sep 11 2014 23:02 Aug 25, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7929.IH H7929 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7929 IH (f) OPEN TO THE PUBLIC.—Each meeting of the 1 Commission shall be open to the public. 2 (g) QUORUM.—Five members of the Commission 3 shall constitute a quorum, but a lesser number of members 4 may hold hearings. 5 (h) NONAPPLICABILITY OF THE FEDERAL ADVISORY 6 COMMITTEE ACT.—The Federal Advisory Committee Act 7 (5 U.S.C. App.) shall not apply to the Commission. 8 SEC. 4. DUTIES OF THE COMMISSION. 9 (a) PURPOSE.—The purpose of the Commission is to 10 evaluate and provide recommendations for modification, 11 consolidation, harmonization, or repeal of covered regula- 12 tions with the primary aim of eliminating regulatory ob- 13 stacles to the United States, the several States’, and the 14 people’s preparedness for, response to, and recovery from 15 the health and economic effects of the Coronavirus SARS– 16 CoV–2 pandemic of 2019–2020 and future pandemics, 17 while reducing compliance costs, encouraging growth and 18 innovation, improving competitiveness, and protecting 19 public health, safety, and welfare. 20 (b) REQUIREMENTS.—In carrying out subsection (a), 21 the Commission shall— 22 (1) give priority in its analysis of covered regu- 23 lations to those that— 24 VerDate Sep 11 2014 23:02 Aug 25, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7929.IH H7929 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7929 IH (A) impeded preparedness for or response 1 to the Coronavirus SARS–CoV–2 pandemic, in- 2 cluding those that were suspended or for which 3 enforcement was waived after the outbreak of 4 the pandemic under the authority of Executive 5 Order 13924 (85 Fed. Reg. 31353; relating to 6 regulatory relief to support economic recovery) 7 or any other authority; 8 (B) could impede preparedness for or re- 9 sponse to a future pandemic; 10 (C) otherwise impeded or could impede 11 health, economic performance, or the stability 12 of wages or employment during the Coronavirus 13 SARS–CoV–2 pandemic or a future pandemic, 14 including those that were suspended or for 15 which enforcement was waived after the out- 16 break of the pandemic under the authority of 17 Executive Order 13924 or any other authority; 18 and 19 (D) impede or could impede the recovery of 20 health, economic performance, or wages or em- 21 ployment following the Coronavirus SARS– 22 CoV–2 pandemic or a future pandemic, with a 23 particular emphasis on impediments to recovery 24 by persons infected by Coronavirus SARS– 25 VerDate Sep 11 2014 23:02 Aug 25, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7929.IH H7929 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7929 IH CoV–2 or a future pandemic disease, individ- 1 uals or entities that supported or support those 2 persons, and entities that qualify as small enti- 3 ties within the meaning of section 601(6) of 4 title 5, United States Code, and those entities’ 5 employees, contractors, or investors, including 6 by impeding— 7 (i) access to health care or health care 8 equipment or supplies; 9 (ii) access to employment; 10 (iii) access to public or private assist- 11 ance; 12 (iv) consumer or business spending, 13 investment, or access to capital or credit; 14 or 15 (v) other consumer or business activ- 16 ity, including hiring and education or re- 17 training; 18 (2) consider in its analysis of covered regula- 19 tions the regulatory principles articulated in section 20 1 of Executive Order 12866 (58 Fed. Reg. 51735; 21 relating to regulatory planning and review); 22 (3) solicit and review comments from the public 23 on the covered regulations described in this section; 24 and 25 VerDate Sep 11 2014 23:02 Aug 25, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7929.IH H7929 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7929 IH (4) develop a set of covered regulations to mod- 1 ify, consolidate, or repeal, with input from each ap- 2 propriate issuing agency involved, to be submitted to 3 Congress for an up-or-down vote, with the goal of 4 eliminating as many of the impediments described in 5 this section as is reasonably possible. 6 (c) PUBLIC COMMENTS.— 7 (1) IN GENERAL.—Not later than 15 days after 8 the date of the initial meeting of the Commission, 9 the Commission shall initiate a process to solicit and 10 collect written recommendations from the general 11 public, interested parties, Federal agencies, and 12 other relevant entities regarding which covered regu- 13 lations should be examined. 14 (2) SUBMISSION OF PUBLIC COMMENTS.—The 15 Commission shall ensure that the process initiated 16 under paragraph (1) allows for recommendations to 17 be submitted to the Commission through the website 18 of the Commission, through regulations.gov, by mail, 19 or through any other means determined to be appro- 20 priate by the Commission. 21 (3) LENGTH OF PUBLIC COMMENT PERIOD.— 22 The period for the submission of recommendations 23 under this subsection shall end 60 days after the 24 VerDate Sep 11 2014 23:02 Aug 25, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7929.IH H7929 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 7929 IH date on which the process is initiated under para- 1 graph (1). 2 (4) PUBLICATION.—At the end of the period for 3 the submission of recommendations under this sub- 4 section, all submitted recommendations shall be pub- 5 lished in the Federal Register and on— 6 (A) the website of the Commission; or 7 (B) regulations.gov. 8 (d) COMMISSION OUTREACH.— 9 (1) IN GENERAL.—During the public comment 10 period described in subsection (c), the Commission 11 shall conduct public outreach and convene focus 12 groups to better inform the commissioners of the 13 public’s interest and possible contributions to the 14 work of the Commission. 15 (2) FOCUS GROUPS.—The focus groups re- 16 quired under paragraph (1) shall include individuals 17 affiliated with the Office of Information and Regu- 18 latory Affairs, the Administrative Conference of the 19 United States, the offices within Federal agencies 20 responsible for small business affairs and regulatory 21 compliance, experts in pandemic preparedness and 22 response, experts in public health, and, at the discre- 23 tion of the Commission, relevant stakeholders from 24 within or outside the regulatory entities. 25 VerDate Sep 11 2014 23:02 Aug 25, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7929.IH H7929 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 7929 IH (e) COMMISSION REVIEW OF PUBLIC COMMENTS.— 1 Not later than 15 days after the date on which the period 2 for the submission of recommendations ends under sub- 3 section (c), the Commission shall convene to review sub- 4 mitted recommendations, prepare a work plan for comple- 5 tion of the Commission’s further work, and to identify cov- 6 ered regulations to modify, consolidate, or eliminate. 7 (f) EXAMINATION OF REGULATIONS.— 8 (1) PROCESS FOR EXAMINATION.—In exam- 9 ining covered regulations under this section, the 10 Commission shall determine the effectiveness of indi- 11 vidual covered regulations, by using multiple re- 12 sources, including the following: 13 (A) Quantitative metrics. 14 (B) Testimony from industry and agency 15 experts, experts in pandemic preparedness and 16 response, and experts in public health. 17 (C) Research from the staff of the Com- 18 mission. 19 (2) DEADLINE.—Not later than 180 days after 20 the date on which the Commission convenes under 21 subsection (e), the Commission shall complete a sub- 22 stantial examination of covered regulations. 23 (g) INITIAL REPORT.— 24 VerDate Sep 11 2014 23:02 Aug 25, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7929.IH H7929 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 7929 IH (1) IN GENERAL.—Not later than 90 days after 1 the date on which the Commission convenes under 2 subsection (e), the Commission shall publish, and 3 make available to the public for comment, a report, 4 which shall include— 5 (A) the findings and conclusions of the 6 Commission for the improvement of covered 7 regulations examined by the Commission; and 8 (B) a list of recommendations for changes 9 to the covered regulations examined by the 10 Commission, which may include recommenda- 11 tions for modification, consolidation, harmoni- 12 zation, or repeal of such covered regulations. 13 (2) REQUIREMENT.—The report required under 14 paragraph (1) shall be approved by not fewer than 15 5 members of the Commission. 16 (3) AVAILABILITY OF REPORT.—The Commis- 17 sion shall make the report required under paragraph 18 (1) available through the website of the Commission 19 and in printed form. 20 (4) PUBLIC COMMENT PERIOD.—During the 21 60-day period beginning on the date on which the 22 report required under paragraph (1) is published, 23 the Commission shall— 24 VerDate Sep 11 2014 23:02 Aug 25, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7929.IH H7929 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 7929 IH (A) solicit comments from the public on 1 such report, using the same process established 2 under subsection (c); and 3 (B) publish any comments received under 4 subparagraph (A)— 5 (i) in the Federal Register; and 6 (ii) on— 7 (I) the website of the Commis- 8 sion; or 9 (II) regulations.gov. 10 (5) CONSULTATION.— 11 (A) IN GENERAL.—Not later than 30 days 12 after the date on which the report required 13 under paragraph (1) is published, the Commis- 14 sion shall complete a consultation with the chair 15 and ranking minority member of the commit- 16 tees of jurisdiction in the House of Representa- 17 tives and Senate, and with the head of each 18 agency that has enforcement jurisdiction with 19 respect to [Text truncated for display. Full text available on Congress.gov.]