II 

117TH CONGRESS 

2D SESSION S. 4211 

To establish a regulatory sandbox program under which agencies may provide 

waivers of agency rules and guidance, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2022 

Mr. LEE (for himself, Mr. MARSHALL, and Mr. SCOTT of Florida) introduced 

the following bill; which was read twice and referred to the Committee 

on Homeland Security and Governmental Affairs 

A BILL 

To establish a regulatory sandbox program under which 

agencies may provide waivers of agency rules and guidance, 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 ‘‘Promoting Innovation 

5 and Offering the Needed Escape from Exhaustive Regula6 tions Act’’ or the ‘‘PIONEER Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 4211 IS

1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Office of In3 formation and Regulatory Affairs. 

4 (2) AGENCY; RULE.—The terms ‘‘agency’’ and 

5 ‘‘rule’’ have the meanings given those terms in sec6 tion 551 of title 5, United States Code. 

7 (3) APPLICABLE AGENCY.—The term ‘‘applica8 ble agency’’ means an agency that has jurisdiction 

9 over the enforcement or implementation covered pro10 vision for which an applicant is seeking a waiver 

11 under the Program. 

12 (4) COVERED PROVISION.—The term ‘‘covered 

13 provision’’ means— 

14 (A) a rule, including a rule required to be 

15 issued under law; or 

16 (B) guidance or any other document issued 

17 by an agency. 

18 (5) DIRECTOR.—The term ‘‘Director’’ means 

19 the Director of the Office. 

20 (6) ECONOMIC DAMAGE.—The term ‘‘economic 

21 damage’’ means a risk that is likely to cause tan22 gible, physical harm to the property or assets of con23 sumers. 

24 (7) HEALTH OR SAFETY.—The term ‘‘health or 

25 safety’’, with respect to a risk, means the risk is 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 4211 IS

1 likely to cause bodily harm to a human life, loss of 

2 human life, or an inability to sustain the health or 

3 life of a human being. 

4 (8) OFFICE.—The term ‘‘Office’’ means the Of5 fice of Federal Regulatory Relief established under 

6 section 3(a). 

7 (9) PROGRAM.—The term ‘‘Program’’ means 

8 the program established under section 4(a). 

9 (10) UNFAIR OR DECEPTIVE TRADE PRAC10 TICE.—The term ‘‘unfair or deceptive trade prac11 tice’’ has the meaning given the term in— 

12 (A) the Policy Statement of the Federal 

13 Trade Commission on Deception, issued on Oc14 tober 14, 1983; and 

15 (B) the Policy Statement of the Federal 

16 Trade Commission on Unfairness, issued on 

17 December 17, 1980. 

18 SEC. 3. OFFICE OF FEDERAL REGULATORY RELIEF. 

19 (a) ESTABLISHMENT.—There is established within 

20 the Office of Information and Regulatory Affairs within 

21 the Office of Management and Budget an Office of Fed22 eral Regulatory Relief. 

23 (b) DIRECTOR.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 4211 IS

1 (1) IN GENERAL.—The Office shall be headed 

2 by a Director, who shall be the Administrator or a 

3 designee thereof, who shall— 

4 (A) be responsible for— 

5 (i) establishing a regulatory sandbox 

6 program described in section 4; 

7 (ii) receiving Program applications 

8 and ensuring those applications are com9 plete; 

10 (iii) referring complete Program appli11 cations to the applicable agencies; 

12 (iv) filing final Program application 

13 decisions from the applicable agencies; 

14 (v) hearing appeals from applicants if 

15 their applications are denied by an applica16 ble agency in accordance with section 

17 4(c)(6); and 

18 (vi) designating staff to the Office as 

19 needed; and 

20 (B) not later than 180 days after the date 

21 of enactment of this Act— 

22 (i) establish a process that is used to 

23 assess likely health and safety risks, risks 

24 that are likely to cause economic damage, 

25 and the likelihood for unfair or deceptive 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 4211 IS

1 practices to be committed against con2 sumers related to applications submitted 

3 for the Program, which shall be— 

4 (I) published in the Federal Reg5 ister and made publicly available with 

6 a detailed list of the criteria used to 

7 make such determinations; and 

8 (II) subject to public comment 

9 before final publication in the Federal 

10 Register; and 

11 (ii) establish the application process 

12 described in section 4(c)(1). 

13 (2) ADVISORY BOARDS.— 

14 (A) ESTABLISHMENT.—The Director shall 

15 require the head of each agency to establish an 

16 advisory board, which shall— 

17 (i) be composed of 10 private sector 

18 representatives appointed by the head of 

19 the agency— 

20 (I) with expertise in matters 

21 under the jurisdiction of the agency, 

22 with not more than 5 representatives 

23 from the same political party; 

24 (II) who shall serve for a period 

25 of not more than 3 years; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 4211 IS

1 (III) who shall not receive any 

2 compensation for participation on the 

3 advisory board; and 

4 (ii) be responsible for providing input 

5 to the head of the agency for each Pro6 gram application received by the agency. 

7 (B) VACANCY.—A vacancy on an advisory 

8 board established under subparagraph (A), in9 cluding a temporary vacancy due to a recusal 

10 under subparagraph (C)(ii), shall be filled in 

11 the same manner as the original appointment 

12 with an individual who meets the qualifications 

13 described in subparagraph (A)(i)(I). 

14 (C) CONFLICT OF INTEREST.— 

15 (i) IN GENERAL.—If a member of an 

16 advisory board established under subpara17 graph (A) is also the member of the board 

18 of an applicant that submits an application 

19 under review by the advisory board, the 

20 head of the agency or a designee thereof 

21 may appoint a temporary replacement for 

22 that member. 

23 (ii) FINANCIAL INTEREST.—Each 

24 member of an advisory board established 

25 under subparagraph (A) shall recuse themVerDate Sep 11 2014 05:39 May 17, 2022 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4211.IS S4211

pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•S 4211 IS

1 selves from advising on an application sub2 mitted under the Program for which the 

3 member has a conflict of interest as de4 scribed in section 208 of title 18, United 

5 States Code. 

6 (D) SMALL BUSINESS CONCERNS.—Not 

7 less than 5 of the members of each advisory 

8 board established under subparagraph (A) shall 

9 be representatives of a small business concern, 

10 as defined in section 3 of the Small Business 

11 Act (15 U.S.C. 632). 

12 (E) RULE OF CONSTRUCTION.—Nothing in 

13 this Act shall be construed to prevent an agency 

14 from establishing additional advisory boards as 

15 needed to assist in reviewing Program applica16 tions that involve multiple or unique industries. 

17 SEC. 4. REGULATORY SANDBOX PROGRAM. 

18 (a) IN GENERAL.—The Director shall establish a reg19 ulatory sandbox program under which applicable agencies 

20 shall grant or deny waivers of covered provisions to tempo21 rarily test products or services on a limited basis, or un22 dertake a project to expand or grow business facilities con23 sistent with the purpose described in subsection (b), with24 out otherwise being licensed or authorized to do so under 

25 that covered provision. 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•S 4211 IS

1 (b) PURPOSE.—The purpose of the Program is to 

2 incentivize the success of current or new businesses, the 

3 expansion of economic opportunities, the creation of jobs, 

4 and the fostering of innovation. 

5 (c) APPLICATION PROCESS FOR WAIVERS.— 

6 (1) IN GENERAL.—The Office shall establish an 

7 application process for the waiver of covered provi8 sions, which shall require that an application shall— 

9 (A) confirm that the applicant— 

10 (i) is subject to the jurisdiction of the 

11 Federal Government; and 

12 (ii) has established or plans to estab13 lish a business that is incorporated or has 

14 a principal place of business in the United 

15 States from which their goods or services 

16 are offered from and their required docu17 ments and data are maintained; 

18 (B) include relevant personal information 

19 such as the legal name, address, telephone 

20 number, email address, and website address of 

21 the applicant; 

22 (C) disclose any criminal conviction of the 

23 applicant or other participating persons, if ap24 plicable; 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•S 4211 IS

1 (D) contain a description of the good, serv2 ice, or project to be offered by the applicant for 

3 which the applicant is requesting waiver of a 

4 covered provision by the Office under the Pro5 gram, including— 

6 (i) how the applicant is subject to li7 censing, prohibitions, or other authoriza8 tion requirements outside of the Program; 

9 (ii) each covered provision that the 

10 applicant seeks to have waived during par11 ticipation in the Program; 

12 (iii) how the good, service, or project 

13 would benefit consumers; 

14 (iv) what likely risks the participation 

15 of the applicant in the Program may pose, 

16 and how the applicant intends to reason17 ably mitigate those risks; 

18 (v) how participation in the Program 

19 would render the offering of the good, serv20 ice, or project successful; 

21 (vi) a description of the plan and esti22 mated time periods for the beginning and 

23 end of the offering of the good, service, or 

24 project under the Program; 


pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•S 4211 IS

1 (vii) a recognition that the applicant 

2 will be subject to all laws and rules after 

3 the conclusion of the offering of the good, 

4 service, or project under the Program; 

5 (viii) how the applicant will end the 

6 demonstration of the offering of the good, 

7 service, or project under the Program; 

8 (ix) how the applicant will repair 

9 harm to consumers if the offering of the 

10 good, service, or project under the Pro11 gram fails; and 

12 (x) a list of each agency that regu13 lates the business of the applicant; and 

14 (E) include any other information as re15 quired by the Office. 

16 (2) ASSISTANCE.—The Office may, upon re17 quest, provide assistance to an applicant to complete 

18 the application process for a waiver under the Pro19 gram, including by providing the likely covered pro20 visions that could be eligible for such a waiver. 

21 (3) AGENCY REVIEW.— 

22 (A) TRANSMISSION.—Not later than 14 

23 days after the date on which the Office receives 

24 an application under paragraph (1), the Office 


pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•S 4211 IS

1 shall submit a copy of the application to each 

2 applicable agency. 

3 (B) REVIEW.—The head of an applicable 

4 agency, or a designee thereof, shall review a 

5 Program application received under subpara6 graph (A) with input from the advisory board 

7 established under section 3(b)(2). 

8 (C) CONSIDERATIONS.—In reviewing a 

9 copy of an application submitted to an applica10 ble agency under subparagraph (A), the head of 

11 the applicable agency, or a designee thereof, 

12 with input from the advisory board of the appli13 cable agency established under section 3(b)(2), 

14 shall consider whether— 

15 (i) the plan of the applicant to deploy 

16 their offering will adequately protect con17 sumers from harm; 

18 (ii) the likely health and safety risks, 

19 risks that are likely to cause economic 

20 damage, and the likelihood for unfair or 

21 deceptive practices to be committed against 

22 consumers are outweighed by the potential 

23 benefits to consumers from the offering of 

24 the applicant; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•S 4211 IS

1 (iii) it is possible to provide the appli2 cant a waiver even if the Office does not 

3 waive every covered provision requested by 

4 the applicant. 

5 (D) FINAL DECISION.— 

6 (i) IN GENERAL.—Subject to clause 

7 (ii), the head of an applicable agency, or a 

8 designee thereof, who receives a copy of an 

9 application under subparagraph (A) shall, 

10 with the consideration of the recommenda11 tions of the advisory board of the applica12 ble agency established under section 

13 3(b)(2), make the final decision to grant or 

14 deny the application. 

15 (ii) IN PART APPROVAL.— 

16 (I) IN GENERAL.—If more than 1 

17 applicable agency receives a copy of 

18 an application under subparagraph 

19 (A)— 

20 (aa) the head of each appli21 cable agency (or their designees), 

22 with input from the advisory 

23 board of the applicable agency es24 tablished under section 3(b)(2), 

25 shall grant or deny the waiver of 


pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•S 4211 IS

1 the covered provisions over which 

2 the applicable agency has juris3 diction for enforcement or imple4 mentation; and 

5 (bb) if each applicable agen6 cy that receives an application 

7 under subparagraph (A) grants 

8 the waiver under item (aa), the 

9 Director shall grant the entire 

10 application. 

11 (II) IN PART APPROVAL BY DI12 RECTOR.—If an applicable agency de13 nies part of an application under sub14 clause (I) but another applicable 

15 agency grants part of the application, 

16 the Director shall approve the applica17 tion in part and specify in the final 

18 decision which covered provisions are 

19 waived. 

20 (E) RECORD OF DECISION.— 

21 (i) IN GENERAL.—Not later than 180 

22 days after receiving a copy of an applica23 tion under subparagraph (A), an applicable 

24 agency shall approve or deny the applica25 tion and submit to the Director a record of 


pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•S 4211 IS

1 the decision, which shall include a descrip2 tion of each likely health and safety risk, 

3 each risk that is likely to cause economic 

4 damage, and the likelihood for unfair or 

5 deceptive practices to be committed against 

6 consumers that the covered provision the 

7 applicant is seeking to have waived pro8 tects against, and— 

9 (I) if the application is approved, 

10 a description of how the identifiable, 

11 significant harms will be mitigated 

12 and how consumers will be protected 

13 under the waiver; 

14 (II) if the applicable agency de15 nies the waiver, a description of the 

16 reasons for the decision, including 

17 why a waiver would likely cause health 

18 and safety risks, likely cause economic 

19 damage, and increase the likelihood 

20 for unfair or deceptive practices to be 

21 committed against consumers, and the 

22 likelihood of such risks occurring, as 

23 well as reasons why the application 

24 cannot be approved in part or re25 formed to mitigate such risks; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•S 4211 IS

1 (III) if the applicable agency de2 termines that a waiver would likely 

3 cause health and safety risks, likely 

4 cause economic damage, and there is 

5 likelihood for unfair or deceptive prac6 tices to be committed against con7 sumers as a result of the covered pro8 vision that an applicant is requesting 

9 to have waived, but the applicable 

10 agency determines such risks can be 

11 protected through less restrictive 

12 means than denying the application, 

13 the applicable agency shall provide a 

14 recommendation of how that can be 

15 achieved. 

16 (ii) NO RECORD SUBMITTED.—If the 

17 applicable agency does not submit a record 

18 of the decision with respect to an applica19 tion for a waiver submitted to the applica20 ble agency, the Office shall assume that 

21 the applicable agency does not object to 

22 the granting of the waiver. 

23 (iii) EXTENSION.—The applicable 

24 agency may request one 30-day extension 


pbinns on DSKJLVW7X2PROD with $$_JOB
16 

•S 4211 IS

1 of the deadline for a record of decision 

2 under clause (i). 

3 (iv) EXPEDITED REVIEW.—If the ap4 plicable agency provides a recommendation 

5 described in clause (i)(III), the Office shall 

6 provide the applicant with a 60-day period 

7 to make necessary changes to the applica8 tion, and the applicant may resubmit the 

9 application to the applicable agency for ex10 pedited review over a period of not more 

11 than 60 days. 

12 (4) NONDISCRIMINATION.—In considering an 

13 application for a waiver, an applicable agency shall 

14 not unreasonably discriminate among applications 

15 under the Program or resort to any unfair or unjust 

16 discrimination for any reason. 

17 (5) FEE.—The Office may collect an applica18 tion fee from each applicant under the Program, 

19 which— 

20 (A) shall be in a fair amount and reflect 

21 the cost of the service provided; 

22 (B) shall be deposited in the general fund 

23 of the Treasury and allocated to the Office, 

24 subject to appropriations; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
17 

•S 4211 IS

1 (C) shall not be increased more frequently 

2 than once every 2 years. 

3 (6) WRITTEN AGREEMENT.—If each applicable 

4 agency grants a waiver requested in an application 

5 submitted under paragraph (1), the waiver shall not 

6 be effective until the applicant enters into a written 

7 agreement with the Office that describes each cov8 ered provision that is waived under the Program. 

9 (7) LIMITATION.—An applicable agency may 

10 not waive under the Program any tax, fee, or charge 

11 imposed by the Federal Government. 

12 (8) APPEALS.— 

13 (A) IN GENERAL.—If an applicable agency 

14 denies an application under paragraph (3)(E), 

15 the applicant may submit to the Office one ap16 peal for reconsideration, which shall— 

17 (i) address the comments of the appli18 cable agency that resulted in denial of the 

19 application; and 

20 (ii) include how the applicant plans to 

21 mitigate the likely risks identified by the 

22 applicable agency. 

23 (B) OFFICE RESPONSE.—Not later than 

24 60 days after receiving an appeal under sub25 paragraph (A), the Director shall— 


pbinns on DSKJLVW7X2PROD with $$_JOB
18 

•S 4211 IS

1 (i) determine whether the appeal suf2 ficiently addresses the concerns of the ap3 plicable agency; and 

4 (ii)(I) if the Director determines that 

5 the appeal sufficiently addresses the con6 cerns of the applicable agency, file a record 

7 of decision detailing how the concerns have 

8 been remedied and approve the application; 

9 or 

10 (II) if the Director determines that 

11 the appeal does not sufficiently address the 

12 concerns of the applicable agency, file a 

13 record of decision detailing how the con14 cerns have not been remedied and deny the 

15 application. 

16 (9) NONDISCRIMINATION.—The Office shall not 

17 unreasonably discriminate among applications under 

18 the Program or resort to any unfair or unjust dis19 crimination for any reason in the implementation of 

20 the Program. 

21 (10) JUDICIAL REVIEW.— 

22 (A) RECORD OF DECISION.—A record of 

23 decision described in paragraph (3)(E) or 

24 (8)(B) shall be considered a final agency action 


pbinns on DSKJLVW7X2PROD with $$_JOB
19 

•S 4211 IS

1 for purposes of review under section 704 of title 

2 5, United States Code. 

3 (B) LIMITATION.—A reviewing court con4 sidering claims made against a final agency ac5 tion under this Act shall be limited to whether 

6 the agency acted in accordance with the re7 quirements set forth under this Act. 

8 (C) RIGHT TO JUDICIAL REVIEW.—Noth9 ing in this paragraph shall be construed to es10 tablish a right to judicial review under this Act. 

11 (d) PERIOD OF WAIVER.— 

12 (1) INITIAL PERIOD.—Except as provided in 

13 this subsection, a waiver granted under the Program 

14 shall be for a term of 2 years. 

15 (2) CONTINUANCE.—The Office may continue a 

16 waiver granted under the Program for a maximum 

17 of 4 additional periods of 2 years as determined by 

18 the Office. 

19 (3) NOTIFICATION.—Not later than 30 days be20 fore the end of an initial waiver period under para21 graph (1), an entity that is granted a waiver under 

22 the Program shall notify the Office if the entity in23 tends to seek a continuance under paragraph (2). 

24 (4) REVOCATION.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
20 

•S 4211 IS

1 (A) SIGNIFICANT HARM.—If the Office de2 termines that an entity that was granted a 

3 waiver under the Program is causing significant 

4 harm to the health or safety of the public, in5 flicting severe economic damage on the public, 

6 or engaging in unfair or deceptive practices, the 

7 Office may immediately end the participation of 

8 the entity in the Program by revoking the waiv9 er. 

10 (B) COMPLIANCE.—If the Office deter11 mines that an entity that was granted a waiver 

12 under the Program is not in compliance with 

13 the terms of the Program, the Office shall give 

14 the entity 30 days to correct the action, and if 

15 the entity does not correct the action by the end 

16 of the 30-day period, the Office may end the 

17 participation of the entity in the Program by 

18 revoking the waiver. 

19 (e) TERMS.—An entity for which a waiver is granted 

20 under the Program shall be subject to the following terms: 

21 (1) A covered provision may not be waived if 

22 the waiver would prevent a consumer from seeking 

23 actual damages or an equitable remedy in the event 

24 that a consumer is harmed. 


pbinns on DSKJLVW7X2PROD with $$_JOB
21 

•S 4211 IS

1 (2) While a waiver is in use, the entity shall not 

2 be subject to the criminal or civil enforcement of a 

3 covered provision identified in the waiver. 

4 (3) An agency may not file or pursue any puni5 tive action against a participant during the period 

6 for which the waiver is in effect, including a fine or 

7 license suspension or revocation for the violation of 

8 a covered provision identified in the waiver. 

9 (4) The entity shall not have immunity related 

10 to any criminal offense committed during the period 

11 for which the waiver is in effect. 

12 (5) The Federal Government shall not be re13 sponsible for any business losses or the recouping of 

14 application fees if the waiver is denied or the waiver 

15 is revoked at any time. 

16 (f) CONSUMER PROTECTION.— 

17 (1) IN GENERAL.—Before distributing an offer18 ing to consumers under a waiver granted under the 

19 Program, and throughout the duration of the waiver, 

20 an entity shall publicly disclose the following to con21 sumers: 

22 (A) The name and contact information of 

23 the entity. 

24 (B) That the entity has been granted a 

25 waiver under the Program, and if applicable, 


pbinns on DSKJLVW7X2PROD with $$_JOB
22 

•S 4211 IS

1 that the entity does not have a license or other 

2 authorization to provide an offering under cov3 ered provisions outside of the waiver. 

4 (C) If applicable, that the offering is un5 dergoing testing and may not function as in6 tended and may expose the consumer to certain 

7 risks as identified in the record of decision of 

8 the applicable agency submitted under section 

9 4(c)(3)(E). 

10 (D) That the entity is not immune from 

11 civil liability for any losses or damages caused 

12 by the offering. 

13 (E) That the entity is not immune from 

14 criminal prosecution for violation of covered 

15 provisions that are not suspended under the 

16 waiver. 

17 (F) That the offering is a temporary dem18 onstration and may be discontinued at the end 

19 of the initial period under subsection (d)(1). 

20 (G) The expected commencement date of 

21 the initial period under subsection (d)(1). 

22 (H) The contact information of the Office 

23 and that the consumer may contact the Office 

24 and file a complaint. 


pbinns on DSKJLVW7X2PROD with $$_JOB
23 

•S 4211 IS

1 (2) ONLINE OFFERING.—With respect to an of2 fering provided over the internet under the Program, 

3 the consumer shall acknowledge receipt of the disclo4 sures required under paragraph (1) before any 

5 transaction is completed. 

6 (g) RECORD KEEPING.— 

7 (1) IN GENERAL.—An entity that is granted a 

8 waiver under this section shall retain records, docu9 ments, and data produced that is directly related to 

10 the participation of the entity in the Program. 

11 (2) NOTIFICATION BEFORE ENDING OFFER12 ING.—If an applicant decides to end their offering 

13 before the initial period ends under subsection 

14 (d)(1), the applicant shall submit to the Office and 

15 the applicable agency a report on actions taken to 

16 ensure consumers have not been harmed as a result. 

17 (3) REQUEST FOR DOCUMENTS.—The Office 

18 may request records, documents, and data from an 

19 entity that is granted a waiver under this section 

20 that is directly related to the participation of the en21 tity in the Program, and upon the request, the appli22 cant shall make such records, documents, and data 

23 available for inspection by the Office. 

24 (4) NOTIFICATION OF INCIDENTS.—An entity 

25 that is granted a waiver under this section shall noVerDate Sep 11 2014 05:39 May 17, 2022 Jkt 000000 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S4211.IS S4211

pbinns on DSKJLVW7X2PROD with $$_JOB
24 

•S 4211 IS

1 tify the Office and any applicable agency of any inci2 dent that results in harm to the health or safety of 

3 consumers, severe economic damage, or an unfair or 

4 deceptive practice under the Program not later than 

5 72 hours after the incident occurs. 

6 (h) REPORTS.— 

7 (1) ENTITIES GRANTED A WAIVER.— 

8 (A) IN GENERAL.—Any entity that is 

9 granted a waiver under this section shall submit 

10 to the Office reports that include— 

11 (i) how many consumers are partici12 pating in the good, service, or project of13 fered by the entity under the Program; 

14 (ii) an assessment of the likely risks 

15 and how mitigation is taking place; 

16 (iii) any previously unrealized risks 

17 that have manifested; and 

18 (iv) a description of any adverse inci19 dents and the ensuing process taken to re20 pair any harm done to consumers. 

21 (B) TIMING.—An entity shall submit a re22 port required under subparagraph (A)— 

23 (i) 10 days after 30 days elapses from 

24 commencement of the period for which a 

25 waiver is granted under the Program; 


pbinns on DSKJLVW7X2PROD with $$_JOB
25 

•S 4211 IS

1 (ii) 30 days after the halfway mark of 

2 the period described in clause (i); and 

3 (iii) 30 days before the expiration of 

4 the period described in subsection (d)(1). 

5 (2) ANNUAL REPORT BY DIRECTOR.—The Di6 rector shall submit to Congress an annual report on 

7 the Program, which shall include, for the year cov8 ered by the report— 

9 (A) the number of applications approved; 

10 (B) the name and description of each enti11 ty that was granted a waiver under the Pro12 gram; 

13 (C) any benefits realized to the public from 

14 the Program; and 

15 (D) any harms realized to the public from 

16 the Program. 

17 (i) SPECIAL MESSAGE TO CONGRESS.— 

18 (1) DEFINITION.—In this subsection, the term 

19 ‘‘covered resolution’’ means a joint resolution— 

20 (A) the matter after the resolving clause of 

21 which contains only— 

22 (i) a list of some or all of the covered 

23 provisions that were recommended for re24 peal under paragraph (2)(A)(ii) in a speVerDate Sep 11 2014 05:39 May 17, 2022 Jkt 000000 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S4211.IS S4211

pbinns on DSKJLVW7X2PROD with $$_JOB
26 

•S 4211 IS

1 cial message submitted to Congress under 

2 that paragraph; and 

3 (ii) a provision that immediately re4 peals the listed covered provisions de5 scribed in paragraph (2)(A)(ii) upon enact6 ment of the joint resolution; and 

7 (B) upon which Congress completes action 

8 before the end of the first period of 60 calendar 

9 days after the date on which the special mes10 sage described in subparagraph (A)(i) of this 

11 paragraph is received by Congress. 

12 (2) SUBMISSION.— 

13 (A) IN GENERAL.—Not later than the first 

14 day on which both Houses of Congress are in 

15 session after May 1 of each year, the Director 

16 shall submit to Congress a special message 

17 that— 

18 (i) details each covered provision that 

19 the Office recommends should be amended 

20 or repealed as a result of entities being 

21 able to operate safely without those cov22 ered provisions during the Program; 

23 (ii) lists any covered provision that 

24 should be repealed as a result of having 


pbinns on DSKJLVW7X2PROD with $$_JOB
27 

•S 4211 IS

1 been waived for a period of not less than 

2 6 years during the Program; and 

3 (iii) explains why each covered provi4 sion described in clauses (i) and (ii) should 

5 be amended or repealed. 

6 (B) DELIVERY TO HOUSE AND SENATE; 

7 PRINTING.—Each special message submitted 

8 under subparagraph (A) shall be— 

9 (i) delivered to the Clerk of the House 

10 of Representatives and the Secretary of the 

11 Senate; and 

12 (ii) printed in the Congressional 

13 Record. 

14 (3) PROCEDURE IN HOUSE AND SENATE.— 

15 (A) REFERRAL.—A covered resolution 

16 shall be referred to the appropriate committee 

17 of the House of Representatives or the Senate, 

18 as the case may be. 

19 (B) DISCHARGE OF COMMITTEE.—If the 

20 committee to which a covered resolution has 

21 been referred has not reported the resolution at 

22 the end of 25 calendar days after the introduc23 tion of the resolution— 


pbinns on DSKJLVW7X2PROD with $$_JOB
28 

•S 4211 IS

1 (i) the committee shall be discharged 

2 from further consideration of the resolu3 tion; and 

4 (ii) the resolution shall be placed on 

5 the appropriate calendar. 

6 (4) FLOOR CONSIDERATION IN THE HOUSE.— 

7 (A) MOTION TO PROCEED.— 

8 (i) IN GENERAL.—When the com9 mittee of the House of Representatives has 

10 reported, or has been discharged from fur11 ther consideration of, a covered resolution, 

12 it shall at any time thereafter be in order 

13 (even though a previous motion to the 

14 same effect has been disagreed to) to move 

15 to proceed to the consideration of the reso16 lution. 

17 (ii) PRIVILEGE.—A motion described 

18 in clause (i) shall be highly privileged and 

19 not debatable. 

20 (iii) NO AMENDMENT OR MOTION TO

21 RECONSIDER.—An amendment to a motion 

22 described in clause (i) shall not be in 

23 order, nor shall it be in order to move to 

24 reconsider the vote by which the motion is 

25 agreed to or disagreed to. 


pbinns on DSKJLVW7X2PROD with $$_JOB
29 

•S 4211 IS

1 (B) DEBATE.— 

2 (i) IN GENERAL.—Debate in the 

3 House of Representatives on a covered res4 olution shall be limited to not more than 2 

5 hours, which shall be divided equally be6 tween those favoring and those opposing 

7 the resolution. 

8 (ii) NO MOTION TO RECONSIDER.—It 

9 shall not be in order in the House of Rep10 resentatives to move to reconsider the vote 

11 by which a covered resolution is agreed to 

12 or disagreed to. 

13 (C) NO MOTION TO POSTPONE CONSIDER14 ATION OR PROCEED TO CONSIDERATION OF

15 OTHER BUSINESS.—In the House of Represent16 atives, motions to postpone, made with respect 

17 to the consideration of a covered resolution, and 

18 motions to proceed to the consideration of other 

19 business, shall not be in order. 

20 (D) APPEALS FROM DECISIONS OF

21 CHAIR.—An appeal from the decision of the 

22 Chair relating to the application of the Rules of 

23 the House of Representatives to the procedure 

24 relating to a covered resolution shall be decided 

25 without debate. 


pbinns on DSKJLVW7X2PROD with $$_JOB
30 

•S 4211 IS

1 (5) FLOOR CONSIDERATION IN THE SENATE.— 

2 (A) MOTION TO PROCEED.— 

3 (i) IN GENERAL.—Notwithstanding 

4 Rule XXII of the Standing Rules of the 

5 Senate, when the committee of the Senate 

6 to which a covered resolution is referred 

7 has reported, or has been discharged from 

8 further consideration of, a covered resolu9 tion, it shall at any time thereafter be in 

10 order (even though a previous motion to 

11 the same effect has been disagreed to) to 

12 move to proceed to the consideration of the 

13 resolution and all points of order against 

14 the covered resolution are waived. 

15 (ii) DIVISION OF TIME.—A motion to 

16 proceed described in clause (i) is subject to 

17 4 hours of debate divided equally between 

18 those favoring and those opposing the cov19 ered resolution. 

20 (iii) NO AMENDMENT OR MOTION TO

21 POSTPONE OR PROCEED TO OTHER BUSI22 NESS.—A motion to proceed described in 

23 clause (i) is not subject to— 

24 (I) amendment; 

25 (II) a motion to postpone; or 


pbinns on DSKJLVW7X2PROD with $$_JOB
31 

•S 4211 IS

1 (III) a motion to proceed to the 

2 consideration of other business. 

3 (B) FLOOR CONSIDERATION.— 

4 (i) GENERAL.—In the Senate, a cov5 ered resolution shall be subject to 10 hours 

6 of debate divided equally between those fa7 voring and those opposing the covered res8 olution. 

9 (ii) AMENDMENTS.—In the Senate, no 

10 amendment to a covered resolution shall be 

11 in order, except an amendment that strikes 

12 from or adds to the list required under 

13 paragraph (1)(A)(i) a covered provision 

14 recommended for amendment or repeal by 

15 the Office. 

16 (iii) MOTIONS AND APPEALS.—In the 

17 Senate, a motion to reconsider a vote on 

18 final passage of a covered resolution shall 

19 not be in order, and points of order, in20 cluding questions of relevancy, and appeals 

21 from the decision of the Presiding Officer, 

22 shall be decided without debate. 

23 (6) RECEIPT OF RESOLUTION FROM OTHER

24 HOUSE.—If, before passing a covered resolution, one 

25 House receives from the other a covered resolution— 


pbinns on DSKJLVW7X2PROD with $$_JOB
32 

•S 4211 IS

1 (A) the covered resolution of the other 

2 House shall not be referred to a committee and 

3 shall be deemed to have been discharged from 

4 committee on the day on which it is received; 

5 and 

6 (B) the procedures set forth in paragraph 

7 (4) or (5), as applicable, shall apply in the re8 ceiving House to the covered resolution received 

9 from the other House to the same extent as 

10 those procedures apply to a covered resolution 

11 of the receiving House. 

12 (7) RULES OF THE HOUSE OF REPRESENTA13 TIVES AND THE SENATE.—Paragraphs (3) through 

14 (7) are enacted by Congress— 

15 (A) as an exercise of the rulemaking power 

16 of the House of Representatives and the Sen17 ate, respectively, and as such are deemed a part 

18 of the rules of each House, respectively, but ap19 plicable only with respect to the procedures to 

20 be followed in the House in the case of covered 

21 resolutions, and supersede other rules only to 

22 the extent that they are inconsistent with such 

23 other rules; and 

24 (B) with full recognition of the constitu25 tional right of either House to change the rules 


pbinns on DSKJLVW7X2PROD with $$_JOB
33 

•S 4211 IS

1 (so far as relating to the procedure of that 

2 House) at any time, in the same manner, and 

3 to the same extent as in the case of any other 

4 rule of that House. 

5 (j) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed to— 

7 (1) require an entity that is granted a waiver 

8 under this section to publicly disclose proprietary in9 formation, including trade secrets or commercial or 

10 financial information that is privileged or confiden11 tial; or 

12 (2) affect any other provision of law or regula13 tion applicable to an entity that is not included in 

14 a waiver provided under this section. 

15 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Office to carry 

17 out this section an amount that is not more than the 

18 amount of funds deposited into the Treasury from the fees 

19 collected under subsection (c)(3). 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB