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