II 

116TH CONGRESS 

2D SESSION S. 4708 

To establish a commission to review certain regulatory obstacles to preparedness 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 obstacles to preparedness for, response to, and recovery from 

the Coronavirus SARS–CoV–2 pandemic and other 

pandemics, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Pandemic Preparedness, Response, and Recovery Act of 

6 2020’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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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. 

1 SEC. 2. FINDINGS. 

2 Congress finds that: 

3 (1) Federal regulation serves important goals 

4 and has achieved important objectives. The accumu5 lation of Federal regulations over the decades, how6 ever, is of concern. The Code of Federal Regulations 

7 currently contains over 180,000 pages of regula8 tions, many of which may be outdated, no longer 

9 needed, or duplicative. 

10 (2) Unneeded or inefficient regulation reduces 

11 the ability of United States employers and workers 

12 to generate and obtain more jobs and higher wages. 

13 It also increases the expenses of United States 

14 households and hinders the overall performance and 

15 competitiveness of the United States economy in the 

16 global marketplace. 

17 (3) Unneeded or inefficient regulation is par18 ticularly problematic as United States employers, 

19 workers, and households continue to respond to and 

20 seek to recover from the Coronavirus SARS–CoV–2 

21 pandemic of 2019–2020. 


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1 (4) A timely and prioritized review of existing 

2 regulations to identify those that can and should be 

3 modified, consolidated, harmonized, or repealed to 

4 promote higher jobs and wages, reduce household ex5 penses, and improve economic performance and com6 petitiveness in and by the United States is needed. 

7 (5) Such a review, moreover, is needed to accel8 erate and strengthen the recovery of United States 

9 employers, workers, and households from the 

10 Coronavirus SARS–CoV–2 pandemic and ensure 

11 that Federal regulations do not inhibit or impede 

12 preparedness for and effective responses to future 

13 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, harmoni18 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 cir21 cumstances caused by the Coronavirus SARS–CoV– 

22 2 pandemic, it is particularly important that such a 

23 commission prioritize in its review the elimination of 

24 regulatory obstacles to the United States, the several 

25 States, and the people’s preparedness for, response 


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1 to, and recovery from the health and economic ef2 fects of the Coronavirus SARS–CoV–2 pandemic of 

3 2019–2020 and possible future pandemics, for ex4 ample, regulations that— 

5 (A) impeded preparedness for or response 

6 to the Coronavirus SARS–CoV–2 pandemic, in7 cluding those that were suspended or for which 

8 enforcement was waived after the outbreak of 

9 the pandemic under the authority of Executive 

10 Order 13924 (85 Fed. Reg. 31353; relating to 

11 regulatory relief to support economic recovery) 

12 or any other authority; 

13 (B) could impede preparedness for or re14 sponse to a future pandemic; 

15 (C) otherwise impeded or could impede 

16 health, economic performance, or the stability 

17 of wages or employment during the Coronavirus 

18 SARS–CoV–2 pandemic or a future pandemic, 

19 including those that were suspended or for 

20 which enforcement was waived after the out21 break of the pandemic under the authority of 

22 Executive Order 13924 (85 Fed. Reg. 31353; 

23 relating to regulatory relief to support economic 

24 recovery) or any other authority; and 


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1 (D) impede or could impede the recovery of 

2 health, economic performance, or wages or em3 ployment following the Coronavirus SARS– 

4 CoV–2 pandemic or a future pandemic, with a 

5 particular emphasis on impediments to recovery 

6 by persons infected by Coronavirus SARS– 

7 CoV–2 or a future pandemic disease, individ8 uals or entities that supported or support those 

9 persons, and entities that qualify as small enti10 ties within the meaning of section 601 of title 

11 5, United States Code, and those entities’ em12 ployees, contractors, or investors, including by 

13 impeding— 

14 (i) access to health care or health care 

15 equipment or supplies; 

16 (ii) access to employment; 

17 (iii) access to public or private assist18 ance; 

19 (iv) consumer or business spending, 

20 investment, or access to capital or credit; 

21 or 

22 (v) other consumer or business activ23 ity, including hiring and education or re24 training. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) COMMISSION.—The term ‘‘Commission’’ 

4 means the Pandemic Preparedness, Response, and 

5 Recovery Commission established under section 4. 

6 (2) COMMISSION BILL.—The term ‘‘Commission 

7 bill’’ means a bill consisting of the proposed legisla8 tive language of the Commission recommended 

9 under section 5(h)(2)(C) and introduced under sec10 tion 5(i)(1). 

11 (3) COVERED REGULATION.—The term ‘‘cov12 ered regulation’’ means a regulation that has been 

13 finalized not later than the date on which the Com14 mission is established. 

15 SEC. 4. ESTABLISHMENT OF COMMISSION. 

16 (a) ESTABLISHMENT.—There is established in the 

17 legislative branch a commission to be known as the ‘‘Pan18 demic Preparedness, Response, and Recovery Commis19 sion’’. 

20 (b) MEMBERSHIP.— 

21 (1) COMPOSITION.—The Commission shall be 

22 composed of 9 members, of whom— 

23 (A) 1 member shall be appointed by the 

24 President, and shall serve as the Chair of the 

25 Commission; 


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1 (B) 2 members shall be appointed by the 

2 majority leader of the Senate; 

3 (C) 2 members shall be appointed by the 

4 minority leader of the Senate; 

5 (D) 2 members shall be appointed by the 

6 Speaker of the House of Representatives; and 

7 (E) 2 members shall be appointed by the 

8 minority leader of the House of Representa9 tives. 

10 (2) DATE.—The appointment of the members 

11 of the Commission shall be made not later than 30 

12 days after the date of the enactment of this Act. 

13 (3) QUALIFICATIONS.— 

14 (A) CHAIR.—The Chair of the Commission 

15 shall be an individual with expertise and experi16 ence in rulemaking, such as past Administra17 tors of the Office of Information and Regu18 latory Affairs, past chairs of the Administrative 

19 Conference of the United States, and other in20 dividuals with similar expertise and experience 

21 in rulemaking affairs and the administration of 

22 regulatory reviews. 

23 (B) MEMBERS.—Members appointed to the 

24 Commission shall be prominent citizens of the 

25 United States with national recognition and a 


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1 significant depth of experience and responsibil2 ities in matters relating to, generally and with 

3 respect to the matters identified in section 2— 

4 (i) government service; 

5 (ii) regulatory policy; 

6 (iii) public health; 

7 (iv) economics; 

8 (v) Federal agency management; 

9 (vi) public administration; and 

10 (vii) 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.—Mem15 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 appoint18 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 meet22 ing. 

23 (e) MEETINGS.—The Commission shall meet at the 

24 call of the Chair. 


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1 (f) OPEN TO THE PUBLIC.—Each meeting of the 

2 Commission shall be open to the public. 

3 (g) QUORUM.—Five members of the Commission 

4 shall constitute a quorum, but a lesser number of members 

5 may hold hearings. 

6 (h) NONAPPLICABILITY OF THE FEDERAL ADVISORY

7 COMMITTEE ACT.—The Federal Advisory Committee Act 

8 (5 U.S.C. App.) shall not apply to the Commission. 

9 SEC. 5. DUTIES OF THE COMMISSION. 

10 (a) PURPOSE.—The purpose of the Commission is to 

11 evaluate and provide recommendations for modification, 

12 consolidation, harmonization, or repeal of covered regula13 tions, while reducing compliance costs, encouraging 

14 growth and innovation, improving competitiveness, and 

15 protecting public health, safety, and welfare. 

16 (b) REQUIREMENTS.—In carrying out subsection (a), 

17 the Commission shall— 

18 (1) prioritize in its analysis of covered regula19 tions, those covered regulations— 

20 (A) for which modification, consolidation, 

21 harmonization, or repeal could assist in the 

22 United States— 

23 (i) recovery from or continued re24 sponse to the adverse health and economic 


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1 impacts of the Coronavirus SARS–CoV–2 

2 pandemic; or 

3 (ii) preparedness for, response to, or 

4 recovery from a future pandemic; 

5 (B) that impose disproportionately high 

6 costs on a small entity (as defined in section 

7 601 of title 5, United States Code); 

8 (C) that impose substantial paperwork 

9 burdens; or 

10 (D) that could be strengthened in their ef11 fectiveness while reducing regulatory costs; 

12 (2) consider in its analysis of covered regula13 tions the regulatory principles articulated in section 

14 1 of Executive Order 12866 (58 Fed. Reg. 51735; 

15 relating to regulatory planning and review); 

16 (3) solicit and review comments from the public 

17 on the covered regulations described in this section; 

18 and 

19 (4) develop a set of covered regulations to mod20 ify, consolidate, harmonize, or repeal, with input 

21 from each appropriate issuing agency involved, to be 

22 submitted to Congress for an up-or-down vote, with 

23 the goal of eliminating as many of the impediments 

24 described in this section as is reasonably possible. 

25 (c) PUBLIC COMMENTS.— 


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1 (1) IN GENERAL.—Not later than 15 days after 

2 the date of the initial meeting of the Commission, 

3 the Commission shall initiate a process to solicit and 

4 collect written recommendations from the general 

5 public, interested parties, Federal agencies, and 

6 other relevant entities regarding which covered regu7 lations should be examined. 

8 (2) SUBMISSION OF PUBLIC COMMENTS.—The 

9 Commission shall ensure that the process initiated 

10 under paragraph (1) allows for recommendations to 

11 be submitted to the Commission through the website 

12 of the Commission, through regulations.gov, by mail, 

13 or through any other means determined to be appro14 priate by the Commission. 

15 (3) LENGTH OF PUBLIC COMMENT PERIOD.— 

16 The period for the submission of recommendations 

17 under this subsection shall end 60 days after the 

18 date on which the process is initiated under para19 graph (1). 

20 (4) PUBLICATION.—At the end of the period for 

21 the submission of recommendations under this sub22 section, all submitted recommendations shall be pub23 lished in the Federal Register and on— 

24 (A) the website of the Commission; or 

25 (B) regulations.gov. 


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1 (d) COMMISSION OUTREACH.— 

2 (1) IN GENERAL.—During the public comment 

3 period described in subsection (c), the Commission 

4 shall conduct public outreach and convene focus 

5 groups to better inform the commissioners of the 

6 public’s interest and possible contributions to the 

7 work of the Commission. 

8 (2) FOCUS GROUPS.—The focus groups re9 quired under paragraph (1) shall include individuals 

10 affiliated with the Office of Information and Regu11 latory Affairs, the Administrative Conference of the 

12 United States, the offices within Federal agencies 

13 responsible for small business affairs and regulatory 

14 compliance, experts in pandemic preparedness and 

15 response, experts in public health, and, at the discre16 tion of the Commission, relevant stakeholders from 

17 within or outside the regulatory entities. 

18 (e) COMMISSION REVIEW OF PUBLIC COMMENTS.— 

19 Not later than 15 days after the date on which the period 

20 for the submission of recommendations ends under sub21 section (c), the Commission shall convene to review sub22 mitted recommendations, prepare a work plan for comple23 tion of the Commission’s further work, and to identify cov24 ered regulations to modify, consolidate, harmonize, or re25 peal. 


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1 (f) EXAMINATION OF REGULATIONS.— 

2 (1) PROCESS FOR EXAMINATION.—In exam3 ining covered regulations under this section, the 

4 Commission shall determine the effectiveness of indi5 vidual covered regulations, by using multiple re6 sources, including the following: 

7 (A) Quantitative metrics. 

8 (B) Testimony from industry and agency 

9 experts, experts in pandemic preparedness and 

10 response, and experts in public health. 

11 (C) Research from the staff of the Com12 mission. 

13 (2) DEADLINE.—Not later than 180 days after 

14 the date on which the Commission convenes under 

15 subsection (e), the Commission shall complete a sub16 stantial examination of covered regulations. 

17 (g) INITIAL REPORT.— 

18 (1) IN GENERAL.—Not later than 90 days after 

19 the date on which the Commission convenes under 

20 subsection (e), the Commission shall publish, and 

21 make available to the public for comment, a report, 

22 which shall include— 

23 (A) the findings and conclusions of the 

24 Commission for the improvement of covered 

25 regulations examined by the Commission; and 


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1 (B) a list of recommendations for changes 

2 to the covered regulations examined by the 

3 Commission, which may include recommenda4 tions for modification, consolidation, harmoni5 zation, or repeal of those covered regulations. 

6 (2) REQUIREMENT.—The report required under 

7 paragraph (1) shall be approved by not fewer than 

8 5 members of the Commission. 

9 (3) AVAILABILITY OF REPORT.—The Commis10 sion shall make the report required under paragraph 

11 (1) available through the website of the Commission 

12 and in printed form. 

13 (4) PUBLIC COMMENT PERIOD.—During the 

14 60-day period beginning on the date on which the 

15 report required under paragraph (1) is published, 

16 the Commission shall— 

17 (A) solicit comments from the public on 

18 such report, using the same process established 

19 under subsection (c); and 

20 (B) publish any comments received under 

21 subparagraph (A)— 

22 (i) in the Federal Register; and 

23 (ii) on— 

24 (I) the website of the Commis25 sion; or 


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1 (II) regulations.gov. 

2 (5) CONSULTATION.— 

3 (A) IN GENERAL.—Not later than 30 days 

4 after the date on which the report required 

5 under paragraph (1) is published, the Commis6 sion shall complete a consultation with the chair 

7 and ranking minority member of the commit8 tees of jurisdiction in the House of Representa9 tives and Senate, and with the head of each 

10 agency that has enforcement jurisdiction with 

11 respect to rules recommended for modification, 

12 consolidation, harmonization, or repeal, regard13 ing the contents of the report. 

14 (B) REQUIREMENTS.—The consultation re15 quired under subparagraph (A) shall provide— 

16 (i) the opportunity for the chair and 

17 ranking minority member of the commit18 tees of jurisdiction to provide substantive 

19 feedback or recommendations related to 

20 the regulatory changes contained in the re21 port required under paragraph (1); 

22 (ii) the opportunity for the chair and 

23 ranking minority member of the commit24 tees of jurisdiction to provide recommenda25 tions for alternative means of achieving a 


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1 reduction in regulatory costs while main2 taining the same level of benefits to soci3 ety; and 

4 (iii) the opportunity for the head of 

5 each agency potentially affected by the 

6 Commission’s recommendations to provide 

7 substantive input into the reform process. 

8 (h) REPORT TO CONGRESS.— 

9 (1) IN GENERAL.—Not later than 90 days after 

10 the date on which the 60-day period described in 

11 subsection (g)(4) ends, the Commission shall— 

12 (A) review any comments received under 

13 subsection (g)(4); 

14 (B) incorporate any relevant comments re15 ceived under subsection (g)(4) into the report 

16 required under subsection (g)(1); and 

17 (C) submit the revised report to Congress. 

18 (2) CONTENTS.—The revised report required to 

19 be submitted to Congress under paragraph (1) shall 

20 include— 

21 (A) the findings and conclusions of the 

22 Commission for the improvement of covered 

23 regulations examined by the Commission; 

24 (B) a list of recommendations for changes 

25 to the covered regulations examined by the 


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1 Commission, which may include recommenda2 tions for modification, consolidation, harmoni3 zation, or repeal of such covered regulations; 

4 and 

5 (C) recommended legislative language to 

6 implement the recommendations in subpara7 graph (B). 

8 (i) CONGRESSIONAL CONSIDERATION OF LEGISLA9 TIVE LANGUAGE TO IMPLEMENT RECOMMENDATIONS.— 

10 (1) COMMISSION BILL DESCRIBED.—In this 

11 subsection, the term ‘‘Commission bill’’ means, with 

12 respect to the Senate or the House of Representa13 tives, a bill described as follows: 

14 (A) The title of the bill is as follows: ‘‘A 

15 Bill to implement the recommendations of the 

16 Pandemic Preparedness, Response, and Rapid 

17 Recovery Commission.’’. 

18 (B) The bill is introduced in the House of 

19 Representatives or the Senate (as the case may 

20 be)— 

21 (i) not later than 3 days (excluding 

22 Saturdays, Sundays, and holidays, and any 

23 day on which the House or the Senate, as 

24 the case may be, is not in session because 

25 of an adjournment sine die, a recess of 


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1 more than three days, or an adjournment 

2 of more than three days) after the date on 

3 which the Commission submits the revised 

4 report to Congress under subsection 

5 (h)(1); or 

6 (ii) if the Congress during which the 

7 Commission submits such report adjourns 

8 sine die prior to the expiration of the 60- 

9 day period which begins on the date the 

10 Commission submits the report (excluding 

11 Saturdays, Sundays, and holidays, and any 

12 day on which neither House is in session 

13 because of an adjournment sine die, a re14 cess of more than three days, or an ad15 journment of more than three days), on 

16 the first day of the next Congress. 

17 (C) The text of the bill consists exclusively 

18 of the recommended legislative language to im19 plement the recommendations of the Commis20 sion which is included in the revised report sub21 mitted to Congress under subsection (h)(1), as 

22 certified by the Chair of the Commission to the 

23 Speaker of the House of Representatives or the 

24 President pro tempore of the Senate (as the 

25 case may be). 


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1 (2) CONSIDERATION IN THE HOUSE OF REP2 RESENTATIVES.— 

3 (A) REFERRAL AND REPORTING.—Any 

4 committee of the House of Representatives to 

5 which the Commission bill is referred shall re6 port it to the House without amendment not 

7 later than 30 days after the date on which the 

8 Commission bill is introduced under paragraph 

9 (1). If a committee fails to report the Commis10 sion bill within that period, it shall be in order 

11 to move that the House discharge the com12 mittee from further consideration of the Com13 mission bill. Such a motion shall not be in order 

14 after the last committee authorized to consider 

15 the Commission bill reports it to the House or 

16 after the House has disposed of a motion to 

17 discharge the Commission bill. The previous 

18 question shall be considered as ordered on the 

19 motion to its adoption without intervening mo20 tion except 3 hours of debate equally divided 

21 and controlled by the proponent and an oppo22 nent. If such a motion is adopted, the House 

23 shall proceed immediately to consider the Com24 mission bill in accordance with subparagraphs 

25 (B) and (C). A motion to reconsider the vote by 


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1 which the motion is disposed of shall not be in 

2 order. 

3 (B) PROCEEDING TO CONSIDERATION.— 

4 After the last committee authorized to consider 

5 the Commission bill reports it to the House or 

6 has been discharged (other than by motion) 

7 from its consideration, it shall be in order to 

8 move to proceed to consider the Commission bill 

9 in the House. Such a motion shall not be in 

10 order after the House has disposed of a motion 

11 to proceed with respect to the Commission bill. 

12 The previous question shall be considered as or13 dered on the motion to its adoption without in14 tervening motion. A motion to reconsider the 

15 vote by which the motion is disposed of shall 

16 not be in order. 

17 (C) CONSIDERATION.—The Commission 

18 bill shall be considered as read. All points of 

19 order against the Commission bill and against 

20 its consideration are waived. The previous ques21 tion shall be considered as ordered on the Com22 mission bill to its passage without intervening 

23 motion except 10 hours of debate equally di24 vided and controlled by the proponent and an 

25 opponent and one motion to limit debate on the 


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1 Commission bill. A motion to reconsider the 

2 vote on passage of the Commission bill shall not 

3 be in order. 

4 (D) VOTE ON PASSAGE.—The vote on pas5 sage of the Commission bill shall occur not later 

6 than 60 days after the date on which the Com7 mission bill is discharged from the last com8 mittee authorized to consider the Commission 

9 bill. 

10 (3) CONSIDERATION IN THE SENATE.— 

11 (A) COMMITTEE CONSIDERATION.—A 

12 Commission bill introduced in the Senate under 

13 paragraph (1) shall be jointly referred to the 

14 committee or committees of jurisdiction, which 

15 committees shall report the bill without any re16 vision and with a favorable recommendation, an 

17 unfavorable recommendation, or without rec18 ommendation, not later than 30 days after the 

19 date on which the Commission bill is intro20 duced. If any committee fails to report the bill 

21 within that period, that committee shall be 

22 automatically discharged from consideration of 

23 the bill, and the bill shall be placed on the ap24 propriate calendar. 


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1 (B) MOTION TO PROCEED.—Notwith2 standing Rule XXII of the Standing Rules of 

3 the Senate, it is in order, not later than 2 days 

4 of session after the date on which a Commis5 sion bill is reported or discharged from all com6 mittees to which it was referred, for the major7 ity leader of the Senate or the majority leader’s 

8 designee to move to proceed to the consider9 ation of the Commission bill. It shall also be in 

10 order for any Member of the Senate to move to 

11 proceed to the consideration of the Commission 

12 bill at any time after the conclusion of such 2- 

13 day period. A motion to proceed is in order 

14 even though a previous motion to the same ef15 fect has been disagreed to. All points of order 

16 against the motion to proceed to the Commis17 sion bill are waived. The motion to proceed is 

18 not debatable. The motion is not subject to a 

19 motion to postpone. A motion to reconsider the 

20 vote by which the motion is agreed to or dis21 agreed to shall not be in order. If a motion to 

22 proceed to the consideration of the Commission 

23 bill is agreed to, the Commission bill shall re24 main the unfinished business until disposed of. 


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1 (C) CONSIDERATION.—All points of order 

2 against the Commission bill and against consid3 eration of the Commission bill are waived. Con4 sideration of the Commission bill and of all de5 batable motions and appeals in connection 

6 therewith shall not exceed a total of 10 hours 

7 which shall be divided equally between the ma8 jority and minority leaders or their designees. A 

9 motion further to limit debate on the Commis10 sion bill is in order, shall require an affirmative 

11 vote of a majority of the Members duly chosen 

12 and sworn, and is not debatable. Any debatable 

13 motion or appeal is debatable for not to exceed 

14 1 hour, to be divided equally between those fa15 voring and those opposing the motion or appeal. 

16 All time used for consideration of the Commis17 sion bill, including time used for quorum calls 

18 and voting, shall be counted against the total 

19 10 hours of consideration. 

20 (D) NO AMENDMENTS.—An amendment to 

21 the Commission bill, or a motion to postpone, 

22 or a motion to proceed to the consideration of 

23 other business, or a motion to recommit the 

24 Commission bill, is not in order. 


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1 (E) VOTE ON PASSAGE.—If the Senate has 

2 voted to proceed to the Commission bill, the 

3 vote on passage of the Commission bill shall 

4 occur immediately following the conclusion of 

5 the debate on a Commission bill, and a single 

6 quorum call at the conclusion of the debate if 

7 requested. The vote on passage of the Commis8 sion bill shall occur not later than 60 days after 

9 the date on which the Commission bill is dis10 charged from all committees to which the Com11 mission bill was referred. 

12 (F) RULINGS OF THE CHAIR ON PROCE13 DURE.—Appeals from the decisions of the Chair 

14 relating to the application of the rules of the 

15 Senate, as the case may be, to the procedure re16 lating to a Commission bill shall be decided 

17 without debate. 

18 (4) AMENDMENT.—The Commission bill shall 

19 not be subject to amendment in either the House of 

20 Representatives or the Senate. 

21 (5) CONSIDERATION BY THE OTHER HOUSE.— 

22 (A) IN GENERAL.—If, before passing the 

23 Commission bill, one House receives from the 

24 other a Commission bill— 


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1 (i) the Commission bill of the other 

2 House shall not be referred to a com3 mittee; and 

4 (ii) the procedure in the receiving 

5 House shall be the same as if no Commis6 sion bill had been received from the other 

7 House until the vote on passage, when the 

8 Commission bill received from the other 

9 House shall supplant the Commission bill 

10 of the receiving House. 

11 (B) REVENUE MEASURE.—This subsection 

12 shall not apply to the House of Representatives 

13 if the Commission bill received from the Senate 

14 is a revenue measure. 

15 (6) RULES TO COORDINATE ACTION WITH

16 OTHER HOUSE.— 

17 (A) TREATMENT OF COMMISSION BILL OF

18 OTHER HOUSE.—If the Senate fails to introduce 

19 or consider a Commission bill under this sec20 tion, the Commission bill of the House shall be 

21 entitled to expedited floor procedures under this 

22 section. 

23 (B) TREATMENT OF COMPANION MEAS24 URES IN THE SENATE.—If following passage of 

25 the Commission bill in the Senate, the Senate 


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1 then receives the Commission bill from the 

2 House of Representatives, the House-passed 

3 Commission bill shall not be debatable. The 

4 vote on passage of the Commission bill in the 

5 Senate shall be considered to be the vote on 

6 passage of the Commission bill received from 

7 the House of Representatives. 

8 (C) VETOES.—If the President vetoes the 

9 Commission bill, debate on a veto message in 

10 the Senate under this section shall be 1 hour 

11 equally divided between the majority and minor12 ity leaders or their designees. 

13 (j) NOTICE TO REGULATORY AGENCIES.— 

14 (1) ENACTMENT OF COMMISSION BILL.—If the 

15 Commission bill is enacted into law, the President 

16 shall— 

17 (A) not later than 7 days after the date on 

18 which the Commission bill is enacted into law— 

19 (i) provide notice to the affected regu20 latory agencies; and 

21 (ii) publish notice of enactment in the 

22 Federal Register and online; and 

23 (B) require affected regulatory agencies to 

24 implement the Commission bill not later than 


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1 60 days after the date on which the Commis2 sion bill is enacted into law. 

3 (2) FAILURE TO ENACT COMMISSION BILL.—If 

4 the Commission bill is not enacted into law, the 

5 President shall provide notice of such failure to 

6 enact the Commission bill in the Federal Register. 

7 SEC. 6. POWERS OF THE COMMISSION. 

8 (a) HEARINGS.—The Commission may hold such 

9 hearings, sit and act at such times and places, take such 

10 testimony, and receive such evidence as the Commission 

11 considers advisable to carry out this Act. 

12 (b) INFORMATION FROM FEDERAL AGENCIES.— 

13 (1) IN GENERAL.—The Commission is author14 ized to secure directly from any executive depart15 ment, bureau, agency, board, commission, office, 

16 independent establishment, or instrumentality of the 

17 Government, information, suggestions, estimates, 

18 and statistics for the purpose of this Act. 

19 (2) PROVISION OF INFORMATION.—Each de20 partment, bureau, agency, board, commission, office, 

21 independent establishment, or instrumentality shall, 

22 to the extent authorized by law, furnish such infor23 mation, suggestions, estimates, and statistics di24 rectly to the Commission, upon request made by the 

25 chair, the chair of any subcommittee created by the 


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1 Commission, or any member designated by a major2 ity of the Commission. 

3 (3) RECEIPT, HANDLING, STORAGE, AND DIS4 SEMINATION.—Information described in this sub5 section shall only be received, handled, stored, and 

6 disseminated by members of the Commission and its 

7 staff consistent with all applicable statutes, regula8 tions, and Executive orders. 

9 (c) POSTAL SERVICES.—The Commission may use 

10 the United States mails in the same manner and under 

11 the same conditions as other departments and agencies of 

12 the Federal Government. 

13 (d) GIFTS.—The Commission may accept, use, and 

14 dispose of gifts or donations of services or property. 

15 (e) SPACE FOR USE OF COMMISSION.— 

16 (1) IN GENERAL.—Not later than 30 days after 

17 the date of enactment of this Act, the Architect of 

18 the Capitol and the Administrator of General Serv19 ices shall support on a reimbursable basis the oper20 ations of the Commission, including the identifica21 tion of suitable space to house the Commission. 

22 (2) LEASE.—If the Architect and the Adminis23 trator are not able to make such suitable space 

24 available prior to the expiration of the 30-day period 


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1 described in paragraph (1), the Commission shall 

2 lease space to the extent that funds are available. 

3 SEC. 7. COMMISSION PERSONNEL MATTERS. 

4 (a) COMPENSATION OF MEMBERS.—Each member of 

5 the Commission shall be compensated at a rate equal to 

6 the daily equivalent of the annual rate of basic pay pre7 scribed for level IV of the Executive Schedule under sec8 tion 5315 of title 5, United States Code, for each day (in9 cluding travel time) during which such member is engaged 

10 in the performance of the duties of the Commission. 

11 (b) TRAVEL EXPENSES.—The members of the Com12 mission shall be allowed travel expenses, including per 

13 diem in lieu of subsistence, at rates authorized for employ14 ees of agencies under subchapter I of chapter 57 of title 

15 5, United States Code, while away from their homes or 

16 regular places of business in the performance of services 

17 for the Commission. 

18 (c) STAFF.— 

19 (1) IN GENERAL.—The Chair of the Commis20 sion may, without regard to the civil service laws 

21 and regulations, appoint and terminate an executive 

22 director and such other additional personnel as may 

23 be necessary to enable the Commission to perform 

24 its duties. 


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1 (2) CONFIRMATION OF EXECUTIVE DIREC2 TOR.—The employment of an executive director of 

3 the Commission shall be subject to confirmation by 

4 the Commission. 

5 (3) COMPENSATION.—The Chair of the Com6 mission may fix the compensation of the executive 

7 director and other personnel of the Commission 

8 without regard to chapter 51 and subchapter III of 

9 chapter 53 of title 5, United States Code, relating 

10 to classification of positions and General Schedule 

11 pay rates, except that the rate of pay for the execu12 tive director and other personnel may not exceed the 

13 rate payable for level V of the Executive Schedule 

14 under section 5316 of such title. 

15 (4) AGENCY ASSISTANCE.—Following consulta16 tion with and upon the request of the Chair of the 

17 Commission, the head of any agency may detail an 

18 employee of the agency to the Commission without 

19 reimbursement, and such detail shall be without 

20 interruption or loss of civil service status or privi21 lege. 

22 (5) GAO AND OIRA ASSISTANCE.—The Comp23 troller General of the United States and the Admin24 istrator of the Office of Information and Regulatory 

25 Affairs may, upon request, provide assistance, inVerDate Sep 11 2014 05:03 Oct 15, 2020 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S4708.IS S4708

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1 cluding the detailing of employees, to the Commis2 sion in accordance with an agreement entered into 

3 with the Commission. 

4 (d) PROCUREMENT OF TEMPORARY AND INTERMIT5 TENT SERVICES.—The Chair of the Commission may pro6 cure temporary and intermittent services under section 

7 3109(b) of title 5, United States Code, at rates for individ8 uals which do not exceed the daily equivalent of the annual 

9 rate of basic pay prescribed for level V of the Executive 

10 Schedule under section 5316 of such title. 

11 (e) CONTRACTING AUTHORITY.—The Commission 

12 may acquire administrative supplies and equipment for 

13 Commission use to the extent funds are available. 

14 (f) ADMINISTRATIVE SUPPORT.—The Administrator 

15 of General Services shall provide to the Commission, on 

16 a reimbursable basis, the administrative support services 

17 necessary for the Commission to carry out its responsibil18 ities under this Act. 

19 (g) APPLICATION OF CONGRESSIONAL ACCOUNT20 ABILITY ACT OF 1995.—For purposes of the Congres21 sional Accountability Act of 1995 (2 U.S.C. 1301 et 

22 seq.)— 

23 (1) the Commission shall be considered an em24 ploying office; and 


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1 (2) the employees of the Commission shall be 

2 considered covered employees. 

3 SEC. 8. TERMINATION OF THE COMMISSION. 

4 The Commission shall terminate 90 days after the 

5 date on which the Commission submits the report pursu6 ant to section 5(h). 

7 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) IN GENERAL.—There are authorized to be appro9 priated such sums as may be necessary to the Commission 

10 to carry out this Act. 

11 (b) AVAILABILITY.—Any sums appropriated under 

12 the authorization contained in this section shall remain 

13 available, without fiscal year limitation, until expended. 

Æ 


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