I 

117TH CONGRESS 

1ST SESSION H. R. 2212 

To establish a commission to review certain regulatory obstacles to preparedness for, response to, and recovery from the COVID–19 pandemic and 

other pandemics, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2021 

Ms. FOXX (for herself and Mr. COMER) introduced the following bill; which 

was referred to the Committee on Oversight and Reform, and in addition 

to the Committee on 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 obstacles to preparedness for, response to, and recovery from 

the COVID–19 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 2021’’. 


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

2 this Act is as follows: 

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. 

3 SEC. 2. FINDINGS. 

4 Congress finds that: 

5 (1) Federal regulation serves important goals 

6 and has achieved important objectives. The accumu7 lation of Federal regulations over the decades, how8 ever, is of concern. The Code of Federal Regulations 

9 currently contains over 180,000 pages of regula10 tions, many of which may be outdated, no longer 

11 needed, or duplicative. 

12 (2) Unneeded or inefficient regulation reduces 

13 the ability of United States employers and workers 

14 to generate and obtain more jobs and higher wages. 

15 It also increases the expenses of United States 

16 households and hinders the overall performance and 

17 competitiveness of the United States economy in the 

18 global marketplace. 

19 (3) Unneeded or inefficient regulation is par20 ticularly problematic as United States employers, 


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1 workers, and households continue to respond to and 

2 seek to recover from the COVID–19 pandemic. 

3 (4) A timely and prioritized review of existing 

4 regulations to identify those that can and should be 

5 modified, consolidated, harmonized, or repealed to 

6 promote higher jobs and wages, reduce household ex7 penses, and improve economic performance and com8 petitiveness in and by the United States is needed. 

9 (5) Such a review, moreover, is needed to accel10 erate and strengthen the recovery of United States 

11 employers, workers, and households from the 

12 COVID–19 pandemic and ensure that Federal regu13 lations do not inhibit or impede preparedness for 

14 and effective responses to future pandemics. 

15 (6) The establishment of an expert commission, 

16 charged to conduct such a review and recommend to 

17 Congress legislation to effectuate a prioritized set of 

18 regulatory modifications, consolidations, harmoni19 zations, and repeals, can ensure that such a review 

20 will be completed in the timeliest possible way. 

21 (7) In light of the adverse impacts of and cir22 cumstances caused by the COVID–19 pandemic, it 

23 is particularly important that such a commission 

24 prioritize in its review the elimination of regulatory 

25 obstacles to the United States, the several States’, 


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1 and the people’s preparedness for, response to, and 

2 recovery from the health and economic effects of the 

3 COVID–19 pandemic and possible future pandemics, 

4 for example, regulations that— 

5 (A) impeded preparedness for or response 

6 to the COVID–19 pandemic, including those 

7 that were suspended or for which enforcement 

8 was waived after the outbreak of the pandemic 

9 under the authority of Executive Order 13924 

10 (85 Fed. Reg. 31353; relating to regulatory re11 lief to support economic recovery) or any other 

12 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 COVID–19 

18 pandemic or a future pandemic, including those 

19 that were suspended or for which enforcement 

20 was waived after the outbreak of the pandemic 

21 under the authority of Executive Order 13924 

22 or any other authority; and 

23 (D) impede or could impede the recovery of 

24 health, economic performance, or wages or em25 ployment following the COVID–19 pandemic or 


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1 a future pandemic, with a particular emphasis 

2 on impediments to recovery by persons infected 

3 by COVID–19 or a future pandemic disease, in4 dividuals or entities that supported or support 

5 those persons, and entities that qualify as small 

6 entities within the meaning of section 601(6) of 

7 title 5, United States Code, and those entities’ 

8 employees, contractors, or investors, including 

9 by impeding— 

10 (i) access to health care or health care 

11 equipment or supplies; 

12 (ii) access to employment; 

13 (iii) access to public or private assist14 ance; 

15 (iv) consumer or business spending, 

16 investment, or access to capital or credit; 

17 or 

18 (v) other consumer or business activ19 ity, including hiring and education or re20 training. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

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

24 means the Pandemic Preparedness, Response, and 

25 Recovery Commission established under section 4. 


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

2 bill’’ means a bill consisting of the proposed legisla3 tive language of the Commission recommended 

4 under section 5(h)(2)(C) and introduced under sec5 tion 5(i)(1). 

6 (3) COVERED REGULATION.—The term ‘‘cov7 ered regulation’’ means a regulation that has been 

8 finalized not later than the date on which the Com9 mission is established. 

10 SEC. 4. ESTABLISHMENT OF COMMISSION. 

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

12 legislative branch a commission to be known as the ‘‘Pan13 demic Preparedness, Response, and Recovery Commis14 sion’’. 

15 (b) MEMBERSHIP.— 

16 (1) COMPOSITION.—The Commission shall be 

17 composed of 9 members, of whom— 

18 (A) 1 member shall be appointed by the 

19 President, and shall serve as the Chair of the 

20 Commission; 

21 (B) 2 members shall be appointed by the 

22 majority leader of the Senate; 

23 (C) 2 members shall be appointed by the 

24 minority leader of the Senate; 


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1 (D) 2 members shall be appointed by the 

2 Speaker of the House of Representatives; and 

3 (E) 2 members shall be appointed by the 

4 minority leader of the House of Representa5 tives. 

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

7 of the Commission shall be made not later than 30 

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

9 (3) QUALIFICATIONS.— 

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

11 shall be an individual with expertise and experi12 ence in rulemaking, such as past Administra13 tors of the Office of Information and Regu14 latory Affairs, past chairmen of the Administra15 tive Conference of the United States, and other 

16 individuals with similar expertise and experi17 ence in rulemaking affairs and the administra18 tion of regulatory reviews. 

19 (B) MEMBERS.—Members appointed to the 

20 Commission shall be prominent citizens of the 

21 United States with national recognition and a 

22 significant depth of experience and responsibil23 ities in matters relating to, generally and with 

24 respect to the matters identified in section 2— 

25 (i) government service; 


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1 (ii) regulatory policy; 

2 (iii) public health; 

3 (iv) economics; 

4 (v) Federal agency management; 

5 (vi) public administration; and 

6 (vii) law. 

7 (4) LIMITATION.—Not more than 5 members 

8 appointed to the Commission may be from the same 

9 political party. 

10 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem11 bers shall be appointed for the life of the Commission. Any 

12 vacancy in the Commission shall not affect its powers, but 

13 shall be filled in the same manner as the original appoint14 ment. 

15 (d) INITIAL MEETING.—Not later than 15 days after 

16 the date on which all members of the Commission have 

17 been appointed, the Commission shall hold its first meet18 ing. 

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

20 call of the Chairman. 

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

22 Commission shall be open to the public. 

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

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

25 may hold hearings. 


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1 (h) NONAPPLICABILITY OF THE FEDERAL ADVISORY

2 COMMITTEE ACT.—The Federal Advisory Committee Act 

3 (5 U.S.C. App.) shall not apply to the Commission. 

4 SEC. 5. DUTIES OF THE COMMISSION. 

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

6 evaluate and provide recommendations for modification, 

7 consolidation, harmonization, or repeal of covered regula8 tions, while reducing compliance costs, encouraging 

9 growth and innovation, improving competitiveness, and 

10 protecting public health, safety, and welfare. 

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

12 the Commission shall— 

13 (1) prioritize in its analysis of covered regula14 tions, those covered regulations— 

15 (A) for which modification, consolidation, 

16 harmonization, or repeal could assist in the 

17 United States— 

18 (i) recovery from or continued re19 sponse to the adverse health and economic 

20 impacts of the COVID–19 pandemic; or 

21 (ii) preparedness for, response to, or 

22 recovery from a future pandemic; 

23 (B) that impose disproportionately high 

24 costs on a small entity (as defined in section 

25 601 of title 5, United States Code); 


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1 (C) that impose substantial paperwork 

2 burdens; or 

3 (D) that could be strengthened in their ef4 fectiveness while reducing regulatory costs; 

5 (2) consider in its analysis of covered regula6 tions the regulatory principles articulated in section 

7 1 of Executive Order 12866 (58 Fed. Reg. 51735; 

8 relating to regulatory planning and review); 

9 (3) solicit and review comments from the public 

10 on the covered regulations described in this section; 

11 and 

12 (4) develop a set of covered regulations to mod13 ify, consolidate, harmonize, or repeal, with input 

14 from each appropriate issuing agency involved, to be 

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

16 the goal of eliminating as many of the impediments 

17 described in this section as is reasonably possible. 

18 (c) PUBLIC COMMENTS.— 

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

20 the date of the initial meeting of the Commission, 

21 the Commission shall initiate a process to solicit and 

22 collect written recommendations from the general 

23 public, interested parties, Federal agencies, and 

24 other relevant entities regarding which covered regu25 lations should be examined. 


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1 (2) SUBMISSION OF PUBLIC COMMENTS.—The 

2 Commission shall ensure that the process initiated 

3 under paragraph (1) allows for recommendations to 

4 be submitted to the Commission through the website 

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

6 or through any other means determined to be appro7 priate by the Commission. 

8 (3) LENGTH OF PUBLIC COMMENT PERIOD.— 

9 The period for the submission of recommendations 

10 under this subsection shall end 60 days after the 

11 date on which the process is initiated under para12 graph (1). 

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

14 the submission of recommendations under this sub15 section, all submitted recommendations shall be pub16 lished in the Federal Register and on— 

17 (A) the website of the Commission; or 

18 (B) regulations.gov. 

19 (d) COMMISSION OUTREACH.— 

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

21 period described in subsection (c), the Commission 

22 shall conduct public outreach and convene focus 

23 groups to better inform the commissioners of the 

24 public’s interest and possible contributions to the 

25 work of the Commission. 


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1 (2) FOCUS GROUPS.—The focus groups re2 quired under paragraph (1) shall include individuals 

3 affiliated with the Office of Information and Regu4 latory Affairs, the Administrative Conference of the 

5 United States, the offices within Federal agencies 

6 responsible for small business affairs and regulatory 

7 compliance, experts in pandemic preparedness and 

8 response, experts in public health, and, at the discre9 tion of the Commission, relevant stakeholders from 

10 within or outside the regulatory entities. 

11 (e) COMMISSION REVIEW OF PUBLIC COMMENTS.— 

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

13 for the submission of recommendations ends under sub14 section (c), the Commission shall convene to review sub15 mitted recommendations, prepare a work plan for comple16 tion of the Commission’s further work, and to identify cov17 ered regulations to modify, consolidate, harmonize, or re18 peal. 

19 (f) EXAMINATION OF REGULATIONS.— 

20 (1) PROCESS FOR EXAMINATION.—In exam21 ining covered regulations under this section, the 

22 Commission shall determine the effectiveness of indi23 vidual covered regulations, by using multiple re24 sources, including the following: 

25 (A) Quantitative metrics. 


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1 (B) Testimony from industry and agency 

2 experts, experts in pandemic preparedness and 

3 response, and experts in public health. 

4 (C) Research from the staff of the Com5 mission. 

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

7 the date on which the Commission convenes under 

8 subsection (e), the Commission shall complete a sub9 stantial examination of covered regulations. 

10 (g) INITIAL REPORT.— 

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

12 the date on which the Commission convenes under 

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

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

15 which shall include— 

16 (A) the findings and conclusions of the 

17 Commission for the improvement of covered 

18 regulations examined by the Commission; and 

19 (B) a list of recommendations for changes 

20 to the covered regulations examined by the 

21 Commission, which may include recommenda22 tions for modification, consolidation, harmoni23 zation, or repeal of such covered regulations. 


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1 (2) REQUIREMENT.—The report required under 

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

3 5 members of the Commission. 

4 (3) AVAILABILITY OF REPORT.—The Commis5 sion shall make the report required under paragraph 

6 (1) available through the website of the Commission 

7 and in printed form. 

8 (4) PUBLIC COMMENT PERIOD.—During the 

9 60-day period beginning on the date on which the 

10 report required under paragraph (1) is published, 

11 the Commission shall— 

12 (A) solicit comments from the public on 

13 such report, using the same process established 

14 under subsection (c); and 

15 (B) publish any comments received under 

16 subparagraph (A)— 

17 (i) in the Federal Register; and 

18 (ii) on— 

19 (I) the website of the Commis20 sion; or 

21 (II) regulations.gov. 

22 (5) CONSULTATION.— 

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

24 after the date on which the report required 

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1 sion shall complete a consultation with the chair 

2 and ranking minority member of the commit3 tees of jurisdiction in the House of Representa4 tives and Senate, and with the head of each 

5 agency that has enforcement jurisdiction with 

6 respect to rules recommended for modification, 

7 consolidation, harmonization, or repeal, regard8 ing the contents of the report. 

9 (B) REQUIREMENTS.—The consultation re10 quired under subparagraph (A) shall provide— 

11 (i) the opportunity for the chair and 

12 ranking minority member of the commit13 tees of jurisdiction to provide substantive 

14 feedback or recommendations related to 

15 the regulatory changes contained in the re16 port required under paragraph (1); 

17 (ii) the opportunity for the chair and 

18 ranking minority member of the commit19 tees of jurisdiction to provide recommenda20 tions for alternative means of achieving a 

21 reduction in regulatory costs while main22 taining the same level of benefits to soci23 ety; and 

24 (iii) the opportunity for the head of 

25 each agency potentially affected by the 


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1 Commission’s recommendations to provide 

2 substantive input into the reform process. 

3 (h) REPORT TO CONGRESS.— 

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

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

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

7 (A) review any comments received under 

8 subsection (g)(4); 

9 (B) incorporate any relevant comments re10 ceived under subsection (g)(4) into the report 

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

12 (C) submit the revised report to Congress. 

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

14 be submitted to Congress under paragraph (1) shall 

15 include— 

16 (A) the findings and conclusions of the 

17 Commission for the improvement of covered 

18 regulations examined by the Commission; 

19 (B) a list of recommendations for changes 

20 to the covered regulations examined by the 

21 Commission, which may include recommenda22 tions for modification, consolidation, harmoni23 zation, or repeal of such covered regulations; 

24 and 


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1 (C) recommended legislative language to 

2 implement the recommendations in subpara3 graph (B). 

4 (i) CONGRESSIONAL CONSIDERATION OF LEGISLA5 TIVE LANGUAGE TO IMPLEMENT RECOMMENDATIONS.— 

6 (1) COMMISSION BILL DESCRIBED.—In this 

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

8 respect to the Senate or the House of Representa9 tives, a bill described as follows: 

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

11 Bill to implement the recommendations of the 

12 Pandemic Preparedness, Response, and Rapid 

13 Recovery Commission.’’. 

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

15 Representatives or the Senate (as the case may 

16 be)— 

17 (i) not later than 3 days (excluding 

18 Saturdays, Sundays, and holidays, and any 

19 day on which the House or the Senate, as 

20 the case may be, is not in session because 

21 of an adjournment sine die, a recess of 

22 more than three days, or an adjournment 

23 of more than three days) after the date on 

24 which the Commission submits the revised 


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1 report to Congress under subsection 

2 (h)(1); or 

3 (ii) if the Congress during which the 

4 Commission submits such report adjourns 

5 sine die prior to the expiration of the 60- 

6 day period which begins on the date the 

7 Commission submits the report (excluding 

8 Saturdays, Sundays, and holidays, and any 

9 day on which neither House is in session 

10 because of an adjournment sine die, a re11 cess of more than three days, or an ad12 journment of more than three days), on 

13 the first day of the next Congress. 

14 (C) The text of the bill consists exclusively 

15 of the recommended legislative language to im16 plement the recommendations of the Commis17 sion which is included in the revised report sub18 mitted to Congress under subsection (h)(1), as 

19 certified by the Chair of the Commission to the 

20 Speaker of the House of Representatives or the 

21 President pro tempore of the Senate (as the 

22 case may be). 

23 (2) CONSIDERATION IN THE HOUSE OF REP24 RESENTATIVES.— 


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1 (A) REFERRAL AND REPORTING.—Any 

2 committee of the House of Representatives to 

3 which the Commission bill is referred shall re4 port it to the House without amendment not 

5 later than 30 days after the date on which the 

6 Commission bill is introduced under paragraph 

7 (1). If a committee fails to report the Commis8 sion bill within that period, it shall be in order 

9 to move that the House discharge the com10 mittee from further consideration of the Com11 mission bill. Such a motion shall not be in order 

12 after the last committee authorized to consider 

13 the Commission bill reports it to the House or 

14 after the House has disposed of a motion to 

15 discharge the Commission bill. The previous 

16 question shall be considered as ordered on the 

17 motion to its adoption without intervening mo18 tion except 3 hours of debate equally divided 

19 and controlled by the proponent and an oppo20 nent. If such a motion is adopted, the House 

21 shall proceed immediately to consider the Com22 mission bill in accordance with subparagraphs 

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

24 which the motion is disposed of shall not be in 

25 order. 


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1 (B) PROCEEDING TO CONSIDERATION.— 

2 After the last committee authorized to consider 

3 the Commission bill reports it to the House or 

4 has been discharged (other than by motion) 

5 from its consideration, it shall be in order to 

6 move to proceed to consider the Commission bill 

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

8 order after the House has disposed of a motion 

9 to proceed with respect to the Commission bill. 

10 The previous question shall be considered as or11 dered on the motion to its adoption without in12 tervening motion. A motion to reconsider the 

13 vote by which the motion is disposed of shall 

14 not be in order. 

15 (C) CONSIDERATION.—The Commission 

16 bill shall be considered as read. All points of 

17 order against the Commission bill and against 

18 its consideration are waived. The previous ques19 tion shall be considered as ordered on the Com20 mission bill to its passage without intervening 

21 motion except 10 hours of debate equally di22 vided and controlled by the proponent and an 

23 opponent and one motion to limit debate on the 

24 Commission bill. A motion to reconsider the 


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1 vote on passage of the Commission bill shall not 

2 be in order. 

3 (D) VOTE ON PASSAGE.—The vote on pas4 sage of the Commission bill shall occur not later 

5 than 60 days after the date on which the Com6 mission bill is discharged from the last com7 mittee authorized to consider the Commission 

8 bill. 

9 (3) CONSIDERATION IN THE SENATE.— 

10 (A) COMMITTEE CONSIDERATION.—A 

11 Commission bill introduced in the Senate under 

12 paragraph (1) shall be jointly referred to the 

13 committee or committees of jurisdiction, which 

14 committees shall report the bill without any re15 vision and with a favorable recommendation, an 

16 unfavorable recommendation, or without rec17 ommendation, not later than 30 days after the 

18 date on which the Commission bill is intro19 duced. If any committee fails to report the bill 

20 within that period, that committee shall be 

21 automatically discharged from consideration of 

22 the bill, and the bill shall be placed on the ap23 propriate calendar. 

24 (B) MOTION TO PROCEED.—Notwith25 standing Rule XXII of the Standing Rules of 


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

2 of session after the date on which a Commis3 sion bill is reported or discharged from all com4 mittees to which it was referred, for the major5 ity leader of the Senate or the majority leader’s 

6 designee to move to proceed to the consider7 ation of the Commission bill. It shall also be in 

8 order for any Member of the Senate to move to 

9 proceed to the consideration of the Commission 

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

11 day period. A motion to proceed is in order 

12 even though a previous motion to the same ef13 fect has been disagreed to. All points of order 

14 against the motion to proceed to the Commis15 sion bill are waived. The motion to proceed is 

16 not debatable. The motion is not subject to a 

17 motion to postpone. A motion to reconsider the 

18 vote by which the motion is agreed to or dis19 agreed to shall not be in order. If a motion to 

20 proceed to the consideration of the Commission 

21 bill is agreed to, the Commission bill shall re22 main the unfinished business until disposed of. 

23 (C) CONSIDERATION.—All points of order 

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1 sideration of the Commission bill and of all de2 batable motions and appeals in connection 

3 therewith shall not exceed a total of 10 hours 

4 which shall be divided equally between the ma5 jority and minority leaders or their designees. A 

6 motion further to limit debate on the Commis7 sion bill is in order, shall require an affirmative 

8 vote of a majority of the Members duly chosen 

9 and sworn, and is not debatable. Any debatable 

10 motion or appeal is debatable for not to exceed 

11 1 hour, to be divided equally between those fa12 voring and those opposing the motion or appeal. 

13 All time used for consideration of the Commis14 sion bill, including time used for quorum calls 

15 and voting, shall be counted against the total 

16 10 hours of consideration. 

17 (D) NO AMENDMENTS.—An amendment to 

18 the Commission bill, or a motion to postpone, 

19 or a motion to proceed to the consideration of 

20 other business, or a motion to recommit the 

21 Commission bill, is not in order. 

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

23 voted to proceed to the Commission bill, the 

24 vote on passage of the Commission bill shall 

25 occur immediately following the conclusion of 


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1 the debate on a Commission bill, and a single 

2 quorum call at the conclusion of the debate if 

3 requested. The vote on passage of the Commis4 sion bill shall occur not later than 60 days after 

5 the date on which the Commission bill is dis6 charged from all committees to which the Com7 mission bill was referred. 

8 (F) RULINGS OF THE CHAIR ON PROCE9 DURE.—Appeals from the decisions of the Chair 

10 relating to the application of the rules of the 

11 Senate, as the case may be, to the procedure re12 lating to a Commission bill shall be decided 

13 without debate. 

14 (4) AMENDMENT.—The Commission bill shall 

15 not be subject to amendment in either the House of 

16 Representatives or the Senate. 

17 (5) CONSIDERATION BY THE OTHER HOUSE.— 

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

19 Commission bill, one House receives from the 

20 other a Commission bill— 

21 (i) the Commission bill of the other 

22 House shall not be referred to a com23 mittee; and 

24 (ii) the procedure in the receiving 

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1 sion bill had been received from the other 

2 House until the vote on passage, when the 

3 Commission bill received from the other 

4 House shall supplant the Commission bill 

5 of the receiving House. 

6 (B) REVENUE MEASURE.—This subsection 

7 shall not apply to the House of Representatives 

8 if the Commission bill received from the Senate 

9 is a revenue measure. 

10 (6) RULES TO COORDINATE ACTION WITH

11 OTHER HOUSE.— 

12 (A) TREATMENT OF COMMISSION BILL OF

13 OTHER HOUSE.—If the Senate fails to introduce 

14 or consider a Commission bill under this sec15 tion, the Commission bill of the House shall be 

16 entitled to expedited floor procedures under this 

17 section. 

18 (B) TREATMENT OF COMPANION MEAS19 URES IN THE SENATE.—If following passage of 

20 the Commission bill in the Senate, the Senate 

21 then receives the Commission bill from the 

22 House of Representatives, the House-passed 

23 Commission bill shall not be debatable. The 

24 vote on passage of the Commission bill in the 

25 Senate shall be considered to be the vote on 


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1 passage of the Commission bill received from 

2 the House of Representatives. 

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

4 Commission bill, debate on a veto message in 

5 the Senate under this section shall be 1 hour 

6 equally divided between the majority and minor7 ity leaders or their designees. 

8 (j) NOTICE TO REGULATORY AGENCIES.— 

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

10 Commission bill is enacted into law, the President 

11 shall— 

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

13 which the Commission bill is enacted into law— 

14 (i) provide notice to the affected regu15 latory agencies; and 

16 (ii) publish notice of enactment in the 

17 Federal Register and online; and 

18 (B) require affected regulatory agencies to 

19 implement the Commission bill not later than 

20 60 days after the date on which the Commis21 sion bill is enacted into law. 

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

23 the Commission bill is not enacted into law, the 

24 President shall provide notice of such failure to 

25 enact the Commission bill in the Federal Register. 


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1 SEC. 6. POWERS OF THE COMMISSION. 

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

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

4 testimony, and receive such evidence as the Commission 

5 considers advisable to carry out this Act. 

6 (b) INFORMATION FROM FEDERAL AGENCIES.— 

7 (1) IN GENERAL.—The Commission is author8 ized to secure directly from any executive depart9 ment, bureau, agency, board, commission, office, 

10 independent establishment, or instrumentality of the 

11 Government, information, suggestions, estimates, 

12 and statistics for the purpose of this Act. Each de13 partment, bureau, agency, board, commission, office, 

14 independent establishment, or instrumentality shall, 

15 to the extent authorized by law, furnish such infor16 mation, suggestions, estimates, and statistics di17 rectly to the Commission, upon request made by the 

18 chair, the chair of any subcommittee created by the 

19 Commission, or any member designated by a major20 ity of the Commission. 

21 (2) RECEIPT, HANDLING, STORAGE, AND DIS22 SEMINATION.—Information shall only be received, 

23 handled, stored, and disseminated by members of 

24 the Commission and its staff consistent with all ap25 plicable statutes, regulations, and Executive orders. 


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

2 the United States mails in the same manner and under 

3 the same conditions as other departments and agencies of 

4 the Federal Government. 

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

6 dispose of gifts or donations of services or property. 

7 (e) SPACE FOR USE OF COMMISSION.—Not later 

8 than the expiration of the 30-day period which begins on 

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

10 the Capitol and the Administrator of General Services 

11 shall support on a reimbursable basis the operations of 

12 the Commission, including the identification of suitable 

13 space to house the Commission. If the Architect and the 

14 Administrator are not able to make such suitable space 

15 available prior to the expiration of such 30-day period, the 

16 Commission shall lease space to the extent that funds are 

17 available. 

18 SEC. 7. COMMISSION PERSONNEL MATTERS. 

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

20 the Commission shall be compensated at a rate equal to 

21 the daily equivalent of the annual rate of basic pay pre22 scribed for level IV of the Executive Schedule under sec23 tion 5315 of title 5, United States Code, for each day (in24 cluding travel time) during which such member is engaged 

25 in the performance of the duties of the Commission. 


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1 (b) TRAVEL EXPENSES.—The members of the Com2 mission shall be allowed travel expenses, including per 

3 diem in lieu of subsistence, at rates authorized for employ4 ees of agencies under subchapter I of chapter 57 of title 

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

6 regular places of business in the performance of services 

7 for the Commission. 

8 (c) STAFF.— 

9 (1) IN GENERAL.—The Chairman of the Com10 mission may, without regard to the civil service laws 

11 and regulations, appoint and terminate an executive 

12 director and such other additional personnel as may 

13 be necessary to enable the Commission to perform 

14 its duties. The employment of an executive director 

15 shall be subject to confirmation by the Commission. 

16 (2) COMPENSATION.—The Chairman of the 

17 Commission may fix the compensation of the execu18 tive director and other personnel without regard to 

19 chapter 51 and subchapter III of chapter 53 of title 

20 5, United States Code, relating to classification of 

21 positions and General Schedule pay rates, except 

22 that the rate of pay for the executive director and 

23 other personnel may not exceed the rate payable for 

24 level V of the Executive Schedule under section 5316 

25 of such title. 


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1 (3) AGENCY ASSISTANCE.—Following consulta2 tion with and upon the request of the Chairman of 

3 the Commission, the head of any agency may detail 

4 an employee of the agency to the Commission with5 out reimbursement, and such detail shall be without 

6 interruption or loss of civil service status or privi7 lege. 

8 (4) GAO AND OIRA ASSISTANCE.—The Comp9 troller General of the United States and the Admin10 istrator of the Office of Information and Regulatory 

11 Affairs may, upon request, provide assistance, in12 cluding the detailing of employees, to the Commis13 sion in accordance with an agreement entered into 

14 with the Commission. 

15 (d) PROCUREMENT OF TEMPORARY AND INTERMIT16 TENT SERVICES.—The Chairman of the Commission may 

17 procure temporary and intermittent services under section 

18 3109(b) of title 5, United States Code, at rates for individ19 uals which do not exceed the daily equivalent of the annual 

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

21 Schedule under section 5316 of such title. 

22 (e) CONTRACTING AUTHORITY.—The Commission 

23 may acquire administrative supplies and equipment for 

24 Commission use to the extent funds are available. 


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1 (f) ADMINISTRATIVE SUPPORT.—The Administrator 

2 of General Services shall provide to the Commission, on 

3 a reimbursable basis, the administrative support services 

4 necessary for the Commission to carry out its responsibil5 ities under this Act. 

6 (g) APPLICATION OF CONGRESSIONAL ACCOUNT7 ABILITY ACT OF 1995.—For purposes of the Congres8 sional Accountability Act of 1995 (2 U.S.C. 1301 et 

9 seq.)— 

10 (1) the Commission shall be considered an em11 ploying office; and 

12 (2) the employees of the Commission shall be 

13 considered covered employees. 

14 SEC. 8. TERMINATION OF THE COMMISSION. 

15 The Commission shall terminate 90 days after the 

16 date on which the Commission submits the report pursu17 ant to section 5(h). 

18 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) IN GENERAL.—There are authorized to be appro20 priated such sums as may be necessary to the Commission 

21 to carry out this Act. 

22 (b) AVAILABILITY.—Any sums appropriated under 

23 the authorization contained in this section shall remain 

24 available, without fiscal year limitation, until expended. 

Æ 


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