II 

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. 

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. 

4 This Act may be cited as the ‘‘Regulatory Relief to 

5 Support Economic Recovery Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ADJUDICATOR.—The term ‘‘adjudicator’’— 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 3941 IS

1 (A) means an agency official who makes a 

2 determination that has legal consequence (as 

3 defined in section 2(d) of Executive Order 

4 13892 (5 U.S.C. 551 note; relating to civil ad5 ministrative enforcement and adjudication)) for 

6 a person; and 

7 (B) does not include— 

8 (i) the head of an agency; 

9 (ii) a member of a multi-member 

10 board that heads an agency; or 

11 (iii) a Presidential appointee. 

12 (2) ADMINISTRATIVE ENFORCEMENT.—The 

13 term ‘‘administrative enforcement’’, with respect to 

14 an agency, includes— 

15 (A) an investigation; 

16 (B) an assertion of a statutory or regu17 latory violation; and 

18 (C) an adjudication by an adjudicator. 

19 (3) AGENCY.—The term ‘‘agency’’ has the 

20 meaning given the term in section 3502 of title 44, 

21 United States Code. 

22 (4) EMERGENCY AUTHORITY.—The term 

23 ‘‘emergency authority’’ means, with respect to an 

24 agency, any statutory or regulatory authority that 

25 authorizes action by the agency— 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 3941 IS

1 (A) in an emergency; 

2 (B) under exigent circumstances; 

3 (C) for good cause; or 

4 (D) in a situation similar to the situations 

5 described in subparagraphs (A) through (C). 

6 (5) PRE-ENFORCEMENT RULING.—The term 

7 ‘‘pre-enforcement ruling’’ has the meaning given the 

8 term in section 2(f) of Executive Order 13892 (5 

9 U.S.C. 551 note; relating to civil administrative en10 forcement and adjudication). 

11 (6) REGULATORY STANDARD.—The term ‘‘regu12 latory standard’’ includes— 

13 (A) any requirement imposed on a person 

14 or entity by a regulation (as defined in section 

15 2(g) of Executive Order 13892 (5 U.S.C. 551 

16 note; relating to civil administrative enforce17 ment and adjudication)); or 

18 (B) any recommendation, best practice, 

19 standard, or other provision of a guidance docu20 ment (as defined in section 2(c) of Executive 

21 Order 13892 (5 U.S.C. 551 note; relating to 

22 civil administrative enforcement and adjudica23 tion)). 

24 (7) SIGNIFICANT REGULATORY ACTION.—The 

25 term ‘‘significant regulatory action’’ has the meanVerDate Sep 11 2014 23:50 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3941.IS S3941

pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 3941 IS

1 ing given the term in section 3(f) of Executive Order 

2 12866 (5 U.S.C. 601 note; relating to regulatory 

3 planning and review). 

4 (8) UNFAIR SURPRISE.—The term ‘‘unfair sur5 prise’’ has the meaning given the term in section 

6 2(e) of Executive Order 13892 (5 U.S.C. 551 note; 

7 relating to civil administrative enforcement and ad8 judication). 

9 SEC. 3. PURPOSE. 

10 The purpose of this Act is to direct agencies to com11 bat the economic consequences of the COVID–19 pan12 demic and respond to the economic emergency caused by 

13 the COVID–19 pandemic— 

14 (1) by rescinding, modifying, waiving, or pro15 viding exemptions from regulations, including sig16 nificant regulatory actions, and other requirements 

17 that may inhibit economic recovery, consistent 

18 with— 

19 (A) applicable law; 

20 (B) the protection of the public health and 

21 safety; 

22 (C) national and homeland security; and 

23 (D) budgetary priorities and operational 

24 feasibility; 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 3941 IS

1 (2) by giving businesses, especially small busi2 nesses, the confidence those businesses need to re3 open by providing guidance on what the law re4 quires; 

5 (3) by recognizing the efforts of businesses to 

6 comply with often complex regulations in com7 plicated and swiftly changing circumstances; and 

8 (4) by committing to fairness in administrative 

9 enforcement and adjudication. 

10 SEC. 4. FEDERAL RESPONSE. 

11 (a) IN GENERAL.—The head of each agency shall 

12 use, to the fullest extent possible, any emergency authority 

13 invoked before the date of enactment of this Act— 

14 (1) in response to the COVID–19 pandemic; or 

15 (2) that is otherwise available to the head of 

16 the agency to support the economic response to the 

17 COVID–19 pandemic. 

18 (b) NON-REGULATORY ACTIONS.—It is the sense of 

19 Congress that, in addition to action taken under sub20 section (a), the head of each agency should promote eco21 nomic recovery through non-regulatory actions. 

22 SEC. 5. RESCISSION AND WAIVER OF REGULATORY STAND23 ARDS. 

24 (a) IN GENERAL.—To promote job creation and eco25 nomic growth, the head of each agency— 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 3941 IS

1 (1) shall identify regulatory standards of the 

2 agency that may inhibit economic recovery from the 

3 COVID–19 pandemic; and 

4 (2) may— 

5 (A) temporarily or permanently rescind, 

6 modify, waive, or exempt persons or entities 

7 from the regulatory standards identified under 

8 paragraph (1), including by issuing proposed 

9 rules; and 

10 (B) exercise appropriate temporary en11 forcement discretion or appropriate temporary 

12 extensions of time as provided for in enforceable 

13 agreements with respect to the regulatory 

14 standards identified under paragraph (1). 

15 (b) NOTICE AND COMMENT WAIVER.—During the 

16 period beginning on the date of enactment of this Act and 

17 ending on the date on which the national emergency de18 clared by the President under the National Emergencies 

19 Act (50 U.S.C. 1601 et seq.) with respect to the Coronavi20 rus Disease 2019 (COVID–19) terminates, the head of an 

21 agency acting under subsection (a) may waive the notice 

22 and comment requirements under section 553 of title 5, 

23 United States Code. 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•S 3941 IS

1 SEC. 6. COMPLIANCE ASSISTANCE FOR REGULATED ENTI2 TIES. 

3 (a) PRE-ENFORCEMENT RULINGS.— 

4 (1) IN GENERAL.—The head of each agency, 

5 other than the Attorney General, shall accelerate the 

6 procedures of the agency under which a regulated 

7 person or entity receives a pre-enforcement ruling 

8 under Executive Order 13892 (5 U.S.C. 551 note; 

9 relating to civil administrative enforcement and ad10 judication) with respect to whether proposed conduct 

11 in response to the COVID–19 pandemic, including 

12 any response to legislative or executive economic 

13 stimulus actions, is consistent with statutes and reg14 ulations administered by the agency. 

15 (2) WAIVER.—The head of an agency that 

16 issues a pre-enforcement ruling under paragraph (1) 

17 may issue the pre-enforcement ruling without regard 

18 to the requirements of section 6(a) of Executive 

19 Order 13892 (5 U.S.C. 551 note; relating to civil 

20 administrative enforcement and adjudication). 

21 (b) ENFORCEMENT DISCRETION POLICIES.— 

22 (1) IN GENERAL.—The head of each agency 

23 may formulate, and make public, policies of enforce24 ment discretion that direct the agency to decline to 

25 initiate administrative enforcement against persons 

26 and entities that attempt in reasonable good faith to 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•S 3941 IS

1 comply with applicable statutory and regulatory 

2 standards, including persons and entities that act in 

3 conformity with a pre-enforcement ruling. 

4 (2) CONSIDERATION.—In formulating a policy 

5 of enforcement discretion under paragraph (1), the 

6 head of an agency shall consider— 

7 (A) the situation described in paragraph 

8 (3) as a rationale for declining to initiate ad9 ministrative enforcement; 

10 (B) the context of a particular statutory 

11 and regulatory program; and 

12 (C) the purpose of this Act. 

13 (3) COVID–19 GUIDANCE.—The situation de14 scribed in this paragraph is a situation in which a 

15 person or entity makes a reasonable attempt to com16 ply with guidance relating to suggested action to 

17 stem the transmission and spread of COVID–19 

18 that— 

19 (A) is issued by— 

20 (i) the Secretary of Health and 

21 Human Services, including through the 

22 Centers for Disease Control and Preven23 tion; or 

24 (ii) the head of another agency; and 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 3941 IS

1 (B) the person or entity reasonably deter2 mines is applicable to the circumstances of the 

3 person or entity. 

4 (c) PROHIBITION.—The head of an agency may not 

5 initiate an enforcement action against a person or entity 

6 solely because the person or entity does not adhere to 

7 guidance issued by the agency. 

8 SEC. 7. FAIRNESS IN ADMINISTRATIVE ENFORCEMENT AND 

9 ADJUDICATION. 

10 (a) IN GENERAL.—The head of each agency shall, 

11 with respect to administrative enforcement and adjudica12 tion of the agency— 

13 (1) consider the principles of fairness described 

14 in subsection (b); and 

15 (2) if appropriate, revise procedures and prac16 tices of the agency— 

17 (A) to conform with the principles of fair18 ness described in subsection (b); and 

19 (B) with consideration for— 

20 (i) the statutory and regulatory pro21 grams of the agency; and 

22 (ii) the purpose of this Act. 

23 (b) PRINCIPLES OF FAIRNESS.—The principles of 

24 fairness of administrative enforcement and adjudication 

25 described in this subsection are as follows: 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•S 3941 IS

1 (1) The Government should bear the burden of 

2 proving an alleged violation of law, and the subject 

3 of administrative enforcement should not bear the 

4 burden of proving compliance with the law. 

5 (2) Administrative enforcement should be 

6 prompt and fair. 

7 (3) Administrative adjudicators should be inde8 pendent of enforcement staff. 

9 (4) Consistent with any executive branch con10 fidentiality interests, the Government should provide 

11 favorable relevant evidence in possession of the agen12 cy to the subject of an administrative enforcement 

13 action. 

14 (5) All rules of evidence and procedure should 

15 be public, clear, and effective. 

16 (6) Penalties should be— 

17 (A) proportionate, transparent, and im18 posed in adherence to consistent standards; and 

19 (B) authorized by law. 

20 (7) Administrative enforcement should be free 

21 of improper Government coercion. 

22 (8) Liability should be imposed only for viola23 tions of statutes or duly issued regulations after no24 tice and an opportunity to respond. 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•S 3941 IS

1 (9) Administrative enforcement should be free 

2 of unfair surprise. 

3 (10) An agency must be accountable for the ad4 ministrative enforcement decisions of the agency. 

5 SEC. 8. REPORT. 

6 Not later than the date determined by the Director 

7 of the Office of Management and Budget under section 

8 9(2), the head of each agency shall submit to the Director 

9 of the Office of Management and Budget, the Assistant 

10 to the President for Domestic Policy, and the Assistant 

11 to the President for Economic Policy a report that in12 cludes— 

13 (1) a review of— 

14 (A) any regulatory standards of the agency 

15 that are rescinded, suspended, modified, or 

16 waived under section 5(a)(2); and 

17 (B) other regulatory flexibilities imple18 mented by the agency in response to the 

19 COVID–19 pandemic; and 

20 (2) a determination of whether a rescinded, sus21 pended, modified, or waived regulatory standard de22 scribed in paragraph (1)(A) or a regulatory flexi23 bility described in paragraph (1)(B) would promote 

24 economic recovery if made permanent. 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•S 3941 IS

1 SEC. 9. IMPLEMENTATION. 

2 The Director of the Office of Management and Budg3 et, in consultation with the Assistant to the President for 

4 Domestic Policy and the Assistant to the President for 

5 Economic Policy— 

6 (1) shall monitor compliance with this Act; and 

7 (2) may issue guidance for the implementation 

8 of this Act, including by setting a deadline for the 

9 report required under section 8. 

10 SEC. 10. GENERAL PROVISIONS. 

11 (a) SAVINGS CLAUSE.—Nothing in this Act shall be 

12 construed to impair or otherwise affect— 

13 (1) the authority granted by law to the head of 

14 an agency; or 

15 (2) the functions of the Director of the Office 

16 of Management and Budget relating to budgetary, 

17 administrative, or legislative proposals. 

18 (b) IMPLEMENTATION.—This Act shall be imple19 mented consistent with applicable law. 

20 (c) EXCEPTIONS.— 

21 (1) IN GENERAL.—Subject to paragraph (2), 

22 nothing in Act shall apply to an action relating to— 

23 (A) foreign or military affairs; or 

24 (B) a national security or homeland secu25 rity function of the United States. 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•S 3941 IS

1 (2) PROCUREMENT ACTIONS.—This Act shall 

2 apply to actions relating to— 

3 (A) procurement; and 

4 (B) the import and export of non-dense ar5 ticles and services. 

6 (d) NO CAUSE OF ACTION.—This Act does not create 

7 any— 

8 (1) right or benefit for any party; or 

9 (2) cause of action for any party against— 

10 (A) the United States; 

11 (B) a department, agency, entity, officer, 

12 employee, or agent of the United States; or 

13 (C) any other person. 

14 SEC. 11. SUNSET. 

15 This Act shall cease to be effective on the later of— 

16 (1) the date on which the national emergency 

17 declared by the President under the National Emer18 gencies Act (50 U.S.C. 1601 et seq.) with respect to 

19 the Coronavirus Disease 2019 (COVID–19) termi20 nates; or 

21 (2) January 1, 2021. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS