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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3941 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 3941

   To reopen the United States by rescinding, modifying, waiving, or 
 providing exemptions from regulations and other requirements that may 
  inhibit economic recovery from the COVID-19 pandemic, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2020

 Mrs. Loeffler introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
   To reopen the United States by rescinding, modifying, waiving, or 
 providing exemptions from regulations and other requirements that may 
  inhibit economic recovery from the COVID-19 pandemic, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulatory Relief to Support 
Economic Recovery Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Adjudicator.--The term ``adjudicator''--
                    (A) means an agency official who makes a 
                determination that has legal consequence (as defined in 
                section 2(d) of Executive Order 13892 (5 U.S.C. 551 
                note; relating to civil administrative enforcement and 
                adjudication)) for a person; and
                    (B) does not include--
                            (i) the head of an agency;
                            (ii) a member of a multi-member board that 
                        heads an agency; or
                            (iii) a Presidential appointee.
            (2) Administrative enforcement.--The term ``administrative 
        enforcement'', with respect to an agency, includes--
                    (A) an investigation;
                    (B) an assertion of a statutory or regulatory 
                violation; and
                    (C) an adjudication by an adjudicator.
            (3) Agency.--The term ``agency'' has the meaning given the 
        term in section 3502 of title 44, United States Code.
            (4) Emergency authority.--The term ``emergency authority'' 
        means, with respect to an agency, any statutory or regulatory 
        authority that authorizes action by the agency--
                    (A) in an emergency;
                    (B) under exigent circumstances;
                    (C) for good cause; or
                    (D) in a situation similar to the situations 
                described in subparagraphs (A) through (C).
            (5) Pre-enforcement ruling.--The term ``pre-enforcement 
        ruling'' has the meaning given the term in section 2(f) of 
        Executive Order 13892 (5 U.S.C. 551 note; relating to civil 
        administrative enforcement and adjudication).
            (6) Regulatory standard.--The term ``regulatory standard'' 
        includes--
                    (A) any requirement imposed on a person or entity 
                by a regulation (as defined in section 2(g) of 
                Executive Order 13892 (5 U.S.C. 551 note; relating to 
                civil administrative enforcement and adjudication)); or
                    (B) any recommendation, best practice, standard, or 
                other provision of a guidance document (as defined in 
                section 2(c) of Executive Order 13892 (5 U.S.C. 551 
                note; relating to civil administrative enforcement and 
                adjudication)).
            (7) Significant regulatory action.--The term ``significant 
        regulatory action'' has the meaning given the term in section 
        3(f) of Executive Order 12866 (5 U.S.C. 601 note; relating to 
        regulatory planning and review).
            (8) Unfair surprise.--The term ``unfair surprise'' has the 
        meaning given the term in section 2(e) of Executive Order 13892 
        (5 U.S.C. 551 note; relating to civil administrative 
        enforcement and adjudication).

SEC. 3. PURPOSE.

    The purpose of this Act is to direct agencies to combat the 
economic consequences of the COVID-19 pandemic and respond to the 
economic emergency caused by the COVID-19 pandemic--
            (1) by rescinding, modifying, waiving, or providing 
        exemptions from regulations, including significant regulatory 
        actions, and other requirements that may inhibit economic 
        recovery, consistent with--
                    (A) applicable law;
                    (B) the protection of the public health and safety;
                    (C) national and homeland security; and
                    (D) budgetary priorities and operational 
                feasibility;
            (2) by giving businesses, especially small businesses, the 
        confidence those businesses need to re-open by providing 
        guidance on what the law requires;
            (3) by recognizing the efforts of businesses to comply with 
        often complex regulations in complicated and swiftly changing 
        circumstances; and
            (4) by committing to fairness in administrative enforcement 
        and adjudication.

SEC. 4. FEDERAL RESPONSE.

    (a) In General.--The head of each agency shall use, to the fullest 
extent possible, any emergency authority invoked before the date of 
enactment of this Act--
            (1) in response to the COVID-19 pandemic; or
            (2) that is otherwise available to the head of the agency 
        to support the economic response to the COVID-19 pandemic.
    (b) Non-Regulatory Actions.--It is the sense of Congress that, in 
addition to action taken under subsection (a), the head of each agency 
should promote economic recovery through non-regulatory actions.

SEC. 5. RESCISSION AND WAIVER OF REGULATORY STANDARDS.

    (a) In General.--To promote job creation and economic growth, the 
head of each agency--
            (1) shall identify regulatory standards of the agency that 
        may inhibit economic recovery from the COVID-19 pandemic; and
            (2) may--
                    (A) temporarily or permanently rescind, modify, 
                waive, or exempt persons or entities from the 
                regulatory standards identified under paragraph (1), 
                including by issuing proposed rules; and
                    (B) exercise appropriate temporary enforcement 
                discretion or appropriate temporary extensions of time 
                as provided for in enforceable agreements with respect 
                to the regulatory standards identified under paragraph 
                (1).
    (b) Notice and Comment Waiver.--During the period beginning on the 
date of enactment of this Act and ending on the date on which the 
national emergency declared by the President under the National 
Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the 
Coronavirus Disease 2019 (COVID-19) terminates, the head of an agency 
acting under subsection (a) may waive the notice and comment 
requirements under section 553 of title 5, United States Code.

SEC. 6. COMPLIANCE ASSISTANCE FOR REGULATED ENTITIES.

    (a) Pre-Enforcement Rulings.--
            (1) In general.--The head of each agency, other than the 
        Attorney General, shall accelerate the procedures of the agency 
        under which a regulated person or entity receives a pre-
        enforcement ruling under Executive Order 13892 (5 U.S.C. 551 
        note; relating to civil administrative enforcement and 
        adjudication) with respect to whether proposed conduct in 
        response to the COVID-19 pandemic, including any response to 
        legislative or executive economic stimulus actions, is 
        consistent with statutes and regulations administered by the 
        agency.
            (2) Waiver.--The head of an agency that issues a pre-
        enforcement ruling under paragraph (1) may issue the pre-
        enforcement ruling without regard to the requirements of 
        section 6(a) of Executive Order 13892 (5 U.S.C. 551 note; 
        relating to civil administrative enforcement and adjudication).
    (b) Enforcement Discretion Policies.--
            (1) In general.--The head of each agency may formulate, and 
        make public, policies of enforcement discretion that direct the 
        agency to decline to initiate administrative enforcement 
        against persons and entities that attempt in reasonable good 
        faith to comply with applicable statutory and regulatory 
        standards, including persons and entities that act in 
        conformity with a pre-enforcement ruling.
            (2) Consideration.--In formulating a policy of enforcement 
        discretion under paragraph (1), the head of an agency shall 
        consider--
                    (A) the situation described in paragraph (3) as a 
                rationale for declining to initiate administrative 
                enforcement;
                    (B) the context of a particular statutory and 
                regulatory program; and
                    (C) the purpose of this Act.
            (3) COVID-19 guidance.--The situation described in this 
        paragraph is a situation in which a person or entity makes a 
        reasonable attempt to comply with guidance relating to 
        suggested action to stem the transmission and spread of COVID-
        19 that--
                    (A) is issued by--
                            (i) the Secretary of Health and Human 
                        Services, including through the Centers for 
                        Disease Control and Prevention; or
                            (ii) the head of another agency; and
                    (B) the person or entity reasonably determines is 
                applicable to the circumstances of the person or 
                entity.
    (c) Prohibition.--The head of an agency may not initiate an 
enforcement action against a person or entity solely because the person 
or entity does not adhere to guidance issued by the agency.

SEC. 7. FAIRNESS IN ADMINISTRATIVE ENFORCEMENT AND ADJUDICATION.

    (a) In General.--The head of each agency shall, with respect to 
administrative enforcement and adjudication of the agency--
            (1) consider the principles of fairness described in 
        subsection (b); and
            (2) if appropriate, revise procedures and practices of the 
        agency--
                    (A) to conform with the principles of fairness 
                described in subsection (b); and
                    (B) with consideration for--
                            (i) the statutory and regulatory programs 
                        of the agency; and
                            (ii) the purpose of this Act.
    (b) Principles of Fairness.--The principles of fairness of 
administrative enforcement and adjudication described in this 
subsection are as follows:
            (1) The Government should bear the burden of proving an 
        alleged violation of law, and the subject of administrative 
        enforcement should not bear the burden of proving compliance 
        with the law.
            (2) Administrative enforcement should be prompt and fair.
            (3) Administrative adjudicators should be independent of 
        enforcement staff.
            (4) Consistent with any executive branch confidentiality 
        interests, the Government should provide favorable relevant 
        evidence in possession of the agency to the subject of an 
        administrative enforcement action.
            (5) All rules of evidence and procedure should be public, 
        clear, and effective.
            (6) Penalties should be--
                    (A) proportionate, transparent, and imposed in 
                adherence to consistent standards; and
                    (B) authorized by law.
            (7) Administrative enforcement should be free of improper 
        Government coercion.
            (8) Liability should be imposed only for violations of 
        statutes or duly issued regulations after notice and an 
        opportunity to respond.
            (9) Administrative enforcement should be free of unfair 
        surprise.
            (10) An agency must be accountable for the administrative 
        enforcement decisions of the agency.

SEC. 8. REPORT.

    Not later than the date determined by the Director of the Office of 
Management and Budget under section 9(2), the head of each agency shall 
submit to the Director of the Office of Management and Budget, the 
Assistant to the President for Domestic Policy, and the Assistant to 
the President for Economic Policy a report that includes--
            (1) a review of--
                    (A) any regulatory standards of the agency that are 
                rescinded, suspended, modified, or waived under section 
                5(a)(2); and
                    (B) other regulatory flexibilities implemented by 
                the agency in response to the COVID-19 pandemic; and
            (2) a determination of whether a rescinded, suspended, 
        modified, or waived regulatory standard described in paragraph 
        (1)(A) or a regulatory flexibility described in paragraph 
        (1)(B) would promote economic recovery if made permanent.

SEC. 9. IMPLEMENTATION.

    The Director of the Office of Management and Budget, in 
consultation with the Assistant to the President for Domestic Policy 
and the Assistant to the President for Economic Policy--
            (1) shall monitor compliance with this Act; and
            (2) may issue guidance for the implementation of this Act, 
        including by setting a deadline for the report required under 
        section 8.

SEC. 10. GENERAL PROVISIONS.

    (a) Savings Clause.--Nothing in this Act shall be construed to 
impair or otherwise affect--
            (1) the authority granted by law to the head of an agency; 
        or
            (2) the functions of the Director of the Office of 
        Management and Budget relating to budgetary, administrative, or 
        legislative proposals.
    (b) Implementation.--This Act shall be implemented consistent with 
applicable law.
    (c) Exceptions.--
            (1) In general.--Subject to paragraph (2), nothing in Act 
        shall apply to an action relating to--
                    (A) foreign or military affairs; or
                    (B) a national security or homeland security 
                function of the United States.
            (2) Procurement actions.--This Act shall apply to actions 
        relating to--
                    (A) procurement; and
                    (B) the import and export of non-dense articles and 
                services.
    (d) No Cause of Action.--This Act does not create any--
            (1) right or benefit for any party; or
            (2) cause of action for any party against--
                    (A) the United States;
                    (B) a department, agency, entity, officer, 
                employee, or agent of the United States; or
                    (C) any other person.

SEC. 11. SUNSET.

    This Act shall cease to be effective on the later of--
            (1) the date on which the national emergency declared by 
        the President under the National Emergencies Act (50 U.S.C. 
        1601 et seq.) with respect to the Coronavirus Disease 2019 
        (COVID-19) terminates; or
            (2) January 1, 2021.
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