Pandemic Preparedness, Response, and Recovery Act of 2020

II 116TH CONGRESS 2D SESSION S. 4708 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 SENATE OF THE UNITED STATES SEPTEMBER 24, 2020 Mr. LANKFORD (for himself, Mr. JOHNSON, and Mr. PORTMAN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 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 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 VerDate Sep 11 2014 05:03 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4708.IS S4708 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4708 IS 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. 1 Congress finds that: 2 (1) Federal regulation serves important goals 3 and has achieved important objectives. The accumu- 4 lation of Federal regulations over the decades, how- 5 ever, is of concern. The Code of Federal Regulations 6 currently contains over 180,000 pages of regula- 7 tions, many of which may be outdated, no longer 8 needed, or duplicative. 9 (2) Unneeded or inefficient regulation reduces 10 the ability of United States employers and workers 11 to generate and obtain more jobs and higher wages. 12 It also increases the expenses of United States 13 households and hinders the overall performance and 14 competitiveness of the United States economy in the 15 global marketplace. 16 (3) Unneeded or inefficient regulation is par- 17 ticularly problematic as United States employers, 18 workers, and households continue to respond to and 19 seek to recover from the Coronavirus SARS–CoV–2 20 pandemic of 2019–2020. 21 VerDate Sep 11 2014 05:03 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4708.IS S4708 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4708 IS (4) A timely and prioritized review of existing 1 regulations to identify those that can and should be 2 modified, consolidated, harmonized, or repealed to 3 promote higher jobs and wages, reduce household ex- 4 penses, and improve economic performance and com- 5 petitiveness in and by the United States is needed. 6 (5) Such a review, moreover, is needed to accel- 7 erate and strengthen the recovery of United States 8 employers, workers, and households from the 9 Coronavirus SARS–CoV–2 pandemic and ensure 10 that Federal regulations do not inhibit or impede 11 preparedness for and effective responses to future 12 pandemics. 13 (6) The establishment of an expert commission, 14 charged to conduct such a review and recommend to 15 Congress legislation to effectuate a prioritized set of 16 regulatory modifications, consolidations, harmoni- 17 zations, and repeals, can ensure that such a review 18 will be completed in the timeliest possible way. 19 (7) In light of the adverse impacts of and cir- 20 cumstances caused by the Coronavirus SARS–CoV– 21 2 pandemic, it is particularly important that such a 22 commission prioritize in its review the elimination of 23 regulatory obstacles to the United States, the several 24 States, and the people’s preparedness for, response 25 VerDate Sep 11 2014 21:54 Oct 19, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4708.IS S4708 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4708 IS to, and recovery from the health and economic ef- 1 fects of the Coronavirus SARS–CoV–2 pandemic of 2 2019–2020 and possible future pandemics, for ex- 3 ample, regulations that— 4 (A) impeded preparedness for or response 5 to the Coronavirus SARS–CoV–2 pandemic, in- 6 cluding those that were suspended or for which 7 enforcement was waived after the outbreak of 8 the pandemic under the authority of Executive 9 Order 13924 (85 Fed. Reg. 31353; relating to 10 regulatory relief to support economic recovery) 11 or any other 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 Coronavirus 17 SARS–CoV–2 pandemic or a future pandemic, 18 including those that were suspended or for 19 which enforcement was waived after the out- 20 break of the pandemic under the authority of 21 Executive Order 13924 (85 Fed. Reg. 31353; 22 relating to regulatory relief to support economic 23 recovery) or any other authority; and 24 VerDate Sep 11 2014 05:03 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4708.IS S4708 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4708 IS (D) impede or could impede the recovery of 1 health, economic performance, or wages or em- 2 ployment following the Coronavirus SARS– 3 CoV–2 pandemic or a future pandemic, with a 4 particular emphasis on impediments to recovery 5 by persons infected by Coronavirus SARS– 6 CoV–2 or a future pandemic disease, individ- 7 uals or entities that supported or support those 8 persons, and entities that qualify as small enti- 9 ties within the meaning of section 601 of title 10 5, United States Code, and those entities’ em- 11 ployees, contractors, or investors, including by 12 impeding— 13 (i) access to health care or health care 14 equipment or supplies; 15 (ii) access to employment; 16 (iii) access to public or private assist- 17 ance; 18 (iv) consumer or business spending, 19 investment, or access to capital or credit; 20 or 21 (v) other consumer or business activ- 22 ity, including hiring and education or re- 23 training. 24 VerDate Sep 11 2014 05:03 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4708.IS S4708 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4708 IS SEC. 3. DEFINITIONS. 1 In this Act: 2 (1) COMMISSION.—The term ‘‘Commission’’ 3 means the Pandemic Preparedness, Response, and 4 Recovery Commission established under section 4. 5 (2) COMMISSION BILL.—The term ‘‘Commission 6 bill’’ means a bill consisting of the proposed legisla- 7 tive language of the Commission recommended 8 under section 5(h)(2)(C) and introduced under sec- 9 tion 5(i)(1). 10 (3) COVERED REGULATION.—The term ‘‘cov- 11 ered regulation’’ means a regulation that has been 12 finalized not later than the date on which the Com- 13 mission is established. 14 SEC. 4. ESTABLISHMENT OF COMMISSION. 15 (a) ESTABLISHMENT.—There is established in the 16 legislative branch a commission to be known as the ‘‘Pan- 17 demic Preparedness, Response, and Recovery Commis- 18 sion’’. 19 (b) MEMBERSHIP.— 20 (1) COMPOSITION.—The Commission shall be 21 composed of 9 members, of whom— 22 (A) 1 member shall be appointed by the 23 President, and shall serve as the Chair of the 24 Commission; 25 VerDate Sep 11 2014 05:03 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4708.IS S4708 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4708 IS (B) 2 members shall be appointed by the 1 majority leader of the Senate; 2 (C) 2 members shall be appointed by the 3 minority leader of the Senate; 4 (D) 2 members shall be appointed by the 5 Speaker of the House of Representatives; and 6 (E) 2 members shall be appointed by the 7 minority leader of the House of Representa- 8 tives. 9 (2) DATE.—The appointment of the members 10 of the Commission shall be made not later than 30 11 days after the date of the enactment of this Act. 12 (3) QUALIFICATIONS.— 13 (A) CHAIR.—The Chair of the Commission 14 shall be an individual with expertise and experi- 15 ence in rulemaking, such as past Administra- 16 tors of the Office of Information and Regu- 17 latory Affairs, past chairs of the Administrative 18 Conference of the United States, and other in- 19 dividuals with similar expertise and experience 20 in rulemaking affairs and the administration of 21 regulatory reviews. 22 (B) MEMBERS.—Members appointed to the 23 Commission shall be prominent citizens of the 24 United States with national recognition and a 25 VerDate Sep 11 2014 05:03 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4708.IS S4708 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4708 IS significant depth of experience and responsibil- 1 ities in matters relating to, generally and with 2 respect to the matters identified in section 2— 3 (i) government service; 4 (ii) regulatory policy; 5 (iii) public health; 6 (iv) economics; 7 (v) Federal agency management; 8 (vi) public administration; and 9 (vii) law. 10 (4) LIMITATION.—Not more than 5 members 11 appointed to the Commission may be from the same 12 political party. 13 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem- 14 bers shall be appointed for the life of the Commission. Any 15 vacancy in the Commission shall not affect its powers, but 16 shall be filled in the same manner as the original appoint- 17 ment. 18 (d) INITIAL MEETING.—Not later than 15 days after 19 the date on which all members of the Commission have 20 been appointed, the Commission shall hold its first meet- 21 ing. 22 (e) MEETINGS.—The Commission shall meet at the 23 call of the Chair. 24 VerDate Sep 11 2014 21:54 Oct 19, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4708.IS S4708 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4708 IS (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. 5. 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, while reducing compliance costs, encouraging 13 growth and innovation, improving competitiveness, and 14 protecting public health, safety, and welfare. 15 (b) REQUIREMENTS.—In carrying out subsection (a), 16 the Commission shall— 17 (1) prioritize in its analysis of covered regula- 18 tions, those covered regulations— 19 (A) for which modification, consolidation, 20 harmonization, or repeal could assist in the 21 United States— 22 (i) recovery from or continued re- 23 sponse to the adverse health and economic 24 VerDate Sep 11 2014 05:03 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4708.IS S4708 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4708 IS impacts of the Coronavirus SARS–CoV–2 1 pandemic; or 2 (ii) preparedness for, response to, or 3 recovery from a future pandemic; 4 (B) that impose disproportionately high 5 costs on a small entity (as defined in section 6 601 of title 5, United States Code); 7 (C) that impose substantial paperwork 8 burdens; or 9 (D) that could be strengthened in their ef- 10 fectiveness while reducing regulatory costs; 11 (2) consider in its analysis of covered regula- 12 tions the regulatory principles articulated in section 13 1 of Executive Order 12866 (58 Fed. Reg. 51735; 14 relating to regulatory planning and review); 15 (3) solicit and review comments from the public 16 on the covered regulations described in this section; 17 and 18 (4) develop a set of covered regulations to mod- 19 ify, consolidate, harmonize, or repeal, with input 20 from each appropriate issuing agency involved, to be 21 submitted to Congress for an up-or-down vote, with 22 the goal of eliminating as many of the impediments 23 described in this section as is reasonably possible. 24 (c) PUBLIC COMMENTS.— 25 VerDate Sep 11 2014 05:03 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4708.IS S4708 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4708 IS (1) IN GENERAL.—Not later than 15 days after 1 the date of the initial meeting of the Commission, 2 the Commission shall initiate a process to solicit and 3 collect written recommendations from the general 4 public, interested parties, Federal agencies, and 5 other relevant entities regarding which covered regu- 6 lations should be examined. 7 (2) SUBMISSION OF PUBLIC COMMENTS.—The 8 Commission shall ensure that the process initiated 9 under paragraph (1) allows for recommendations to 10 be submitted to the Commission through the website 11 of the Commission, through regulations.gov, by mail, 12 or through any other means determined to be appro- 13 priate by the Commission. 14 (3) LENGTH OF PUBLIC COMMENT PERIOD.— 15 The period for the submission of recommendations 16 under this subsection shall end 60 days after the 17 date on which the process is initiated under para- 18 graph (1). 19 (4) PUBLICATION.—At the end of the period for 20 the submission of recommendations under this sub- 21 section, all submitted recommendations shall be pub- 22 lished in the Federal Register and on— 23 (A) the website of the Commission; or 24 (B) regulations.gov. 25 VerDate Sep 11 2014 05:03 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4708.IS S4708 kjohnson on DSK79L0C42PROD with BILLS 12 •S 4708 IS (d) COMMISSION OUTREACH.— 1 (1) IN GENERAL.—During the public comment 2 period described in subsection (c), the Commission 3 shall conduct public outreach and convene focus 4 groups to better inform the commissioners of the 5 public’s interest and possible contributions to the 6 work of the Commission. 7 (2) FOCUS GROUPS.—The focus groups re- 8 quired under paragraph (1) shall include individuals 9 affiliated with the Office of Information and Regu- 10 latory Affairs, the Administrative Conference of the 11 United States, the offices within Federal agencies 12 responsible for small business affairs and regulatory 13 compliance, experts in pandemic preparedness and 14 response, experts in public health, and, at the discre- 15 tion of the Commission, relevant stakeholders from 16 within or outside the regulatory entities. 17 (e) COMMISSION REVIEW OF PUBLIC COMMENTS.— 18 Not later than 15 days after the date on which the period 19 for the submission of recommendations ends under [Text truncated for display. Full text available on Congress.gov.]