,,ii #aafth ,,congress #b;d ,session ,s4 #cida ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #aa1 #bjbj,mrs4 ,loeffler introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to reopen the ,united ,states by rescinding1 modifying1 waiving1 or providing exemptions from regulations and other requirements that may inhibit economic recovery from the ,,covid-#ai pandemic1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,regulatory ,relief to ,support ,economic ,recovery ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,adjudicator ,the term adjudicator-- 7,a7 means an agency official who makes a determination that has legal consequence 7as defined in section #b7;d7 of ,executive ,order #achib 7#e ,u4,s4,c4 #eea note2 relating to civil administrative enforcement and adjudication77 for a person2 and 7,b7 does not include-- 7i7 the head of an agency2 7ii7 a member of a multi-member board that heads an agency2 or 7iii7 a ,presidential appointee4 7#b7 ,administrative enforcement ,the term administrative enforcement1 with respect to an agency1 includes-- 7,a7 an investigation2 7,b7 an assertion of a statutory or regulatory violation2 and 7,c7 an adjudication by an adjudicator4 7#c7 ,agency ,the term agency has the meaning given the term in section #cejb of title #dd1 ,united ,states ,code4 7#d7 ,emergency authority ,the term emergency authority means1 with respect to an agency1 any statutory or regulatory authority that authorizes action by the agency-- 7,a7 in an emergency2 7,b7 under exigent circumstances2 7,c7 for good cause2 or 7,d7 in a situation similar to the situations described in subparagraphs 7,a7 through 7,c74 7#e7 ,pre-enforcement ruling ,the term pre-enforcement ruling has the meaning given the term in section #b7;f7 of ,executive ,order #achib 7#e ,u4,s4,c4 #eea note2 relating to civil administrative enforcement and adjudication74 7#f7 ,regulatory standard ,the term regulatory standard includes-- 7,a7 any requirement imposed on a person or entity by a regulation 7as defined in section #b7;g7 of ,executive ,order #achib 7#e ,u4,s4,c4 #eea note2 relating to civil administrative enforcement and adjudication772 or 7,b7 any recommendation1 best practice1 standard1 or other provision of a guidance document 7as defined in section #b7;c7 of ,executive ,order #achib 7#e ,u4,s4,c4 #eea note2 relating to civil administrative enforcement and adjudication774 7#g7 ,significant regulatory action ,the term significant regulatory action has the meaning given the term in section #c7;f7 of ,executive ,order #abhff 7#e ,u4,s4,c4 #fja note2 relating to regulatory planning and review74 7#h7 ,unfair surprise ,the term unfair surprise has the meaning given the term in section #b7;e7 of ,executive ,order #achib 7#e ,u4,s4,c4 #eea note2 relating to civil administrative enforcement and adjudication74 #c4 ,purpose ,the purpose of this ,act is to direct agencies to combat the economic consequences of the ,,covid-#ai pandemic and respond to the economic emergency caused by the ,,covid-#ai pandemic-- 7#a7 by rescinding1 modifying1 waiving1 or providing exemptions from regulations1 including significant regulatory actions1 and other requirements that may inhibit economic recovery1 consistent with-- 7,a7 applicable law2 7,b7 the protection of the public health and safety2 7,c7 national and homeland security2 and 7,d7 budgetary priorities and operational feasibility2 7#b7 by giving businesses1 especially small businesses1 the confidence those businesses need to re-open by providing guidance on what the law requires2 7#c7 by recognizing the efforts of businesses to comply with often complex regulations in complicated and swiftly changing circumstances2 and 7#d7 by committing to fairness in administrative enforcement and adjudication4 #d4 ,federal response 7a7 ,in general ,the head of each agency shall use1 to the fullest extent possible1 any emergency authority invoked before the date of enactment of this ,act-- 7#a7 in response to the ,,covid-#ai pandemic2 or 7#b7 that is otherwise available to the head of the agency to support the economic response to the ,,covid-#ai pandemic4 7b7 ,non-,regulatory actions ,it is the sense of ,congress that1 in addition to action taken under subsection 7a71 the head of each agency should promote economic recovery through non-regulatory actions4 #e4 ,rescission and waiver of regulatory standards 7a7 ,in general ,to promote job creation and economic growth1 the head of each agency-- 7#a7 shall identify regulatory standards of the agency that may inhibit economic recovery from the ,,covid-#ai pandemic2 and 7#b7 may-- 7,a7 temporarily or permanently rescind1 modify1 waive1 or exempt persons or entities from the regulatory standards identified under paragraph 7#a71 including by issuing proposed rules2 and 7,b7 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 7#a74 7b7 ,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 7#ej ,u4,s4,c4 #afja et seq47 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 terminates1 the head of an agency acting under subsection 7a7 may waive the notice and comment requirements under section #eec of title #e1 ,united ,states ,code4 #f4 ,compliance assistance for regulated entities 7a7 ,pre-,enforcement rulings 7#a7 ,in general ,the head of each agency1 other than the ,attorney ,general1 shall accelerate the procedures of the agency under which a regulated person or entity receives a pre-enforcement ruling under ,executive ,order #achib 7#e ,u4,s4,c4 #eea note2 relating to civil administrative enforcement and adjudication7 with respect to whether proposed conduct in response to the ,,covid-#ai pandemic1 including any response to legislative or executive economic stimulus actions1 is consistent with statutes and regulations administered by the agency4 7#b7 ,waiver ,the head of an agency that issues a pre-enforcement ruling under paragraph 7#a7 may issue the pre-enforcement ruling without regard to the requirements of section #f7;a7 of ,executive ,order #achib 7#e ,u4,s4,c4 #eea note2 relating to civil administrative enforcement and adjudication74 7b7 ,enforcement discretion policies 7#a7 ,in general ,the head of each agency may formulate1 and make public1 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 standards1 including persons and entities that act in conformity with a pre-enforcement ruling4 7#b7 ,consideration ,in formulating a policy of enforcement discretion under paragraph 7#a71 the head of an agency shall consider-- 7,a7 the situation described in paragraph 7#c7 as a rationale for declining to initiate administrative enforcement2 7,b7 the context of a particular statutory and regulatory program2 and 7,c7 the purpose of this ,act4 7#c7 ,,covid-#ai 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-#ai that-- 7,a7 is issued by-- 7i7 the ,secretary of ,health and ,human ,services1 including through the ,centers for ,disease ,control and ,prevention2 or 7ii7 the head of another agency2 and 7,b7 the person or entity reasonably determines is applicable to the circumstances of the person or entity4 7c7 ,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 agency4 #g4 ,fairness in administrative enforcement and adjudication 7a7 ,in general ,the head of each agency shall1 with respect to administrative enforcement and adjudication of the agency-- 7#a7 consider the principles of fairness described in subsection 7b72 and 7#b7 if appropriate1 revise procedures and practices of the agency-- 7,a7 to conform with the principles of fairness described in subsection 7b72 and 7,b7 with consideration for-- 7i7 the statutory and regulatory programs of the agency2 and 7ii7 the purpose of this ,act4 7b7 ,principles of fairness ,the principles of fairness of administrative enforcement and adjudication described in this subsection are as follows3 7#a7 ,the ,government should bear the burden of proving an alleged violation of law1 and the subject of administrative enforcement should not bear the burden of proving compliance with the law4 7#b7 ,administrative enforcement should be prompt and fair4 7#c7 ,administrative adjudicators should be independent of enforcement staff4 7#d7 ,consistent with any executive branch confidentiality interests1 the ,government should provide favorable relevant evidence in possession of the agency to the subject of an administrative enforcement action4 7#e7 ,all rules of evidence and procedure should be public1 clear1 and effective4 7#f7 ,penalties should be-- 7,a7 proportionate1 transparent1 and imposed in adherence to consistent standards2 and 7,b7 authorized by law4 7#g7 ,administrative enforcement should be free of improper ,government coercion4 7#h7 ,liability should be imposed only for violations of statutes or duly issued regulations after notice and an opportunity to respond4 7#i7 ,administrative enforcement should be free of unfair surprise4 7#aj7 ,an agency must be accountable for the administrative enforcement decisions of the agency4 #h4 ,report ,not later than the date determined by the ,director of the ,office of ,management and ,budget under section #i7b71 the head of each agency shall submit to the ,director of the ,office of ,management and ,budget1 the ,assistant to the ,president for ,domestic ,policy1 and the ,assistant to the ,president for ,economic ,policy a report that includes-- 7#a7 a review of-- 7,a7 any regulatory standards of the agency that are rescinded1 suspended1 modified1 or waived under section #e7;a77#b72 and 7,b7 other regulatory flexibilities implemented by the agency in response to the ,,covid-#ai pandemic2 and 7#b7 a determination of whether a rescinded1 suspended1 modified1 or waived regulatory standard described in paragraph 7#a77;,a7 or a regulatory flexibility described in paragraph 7#a77;,b7 would promote economic recovery if made permanent4 #i4 ,implementation ,the ,director of the ,office of ,management and ,budget1 in consultation with the ,assistant to the ,president for ,domestic ,policy and the ,assistant to the ,president for ,economic ,policy-- 7#a7 shall monitor compliance with this ,act2 and 7#b7 may issue guidance for the implementation of this ,act1 including by setting a deadline for the report required under section #h4 #aj4 ,general provisions 7a7 ,savings clause ,nothing in this ,act shall be construed to impair or otherwise affect-- 7#a7 the authority granted by law to the head of an agency2 or 7#b7 the functions of the ,director of the ,office of ,management and ,budget relating to budgetary1 administrative1 or legislative proposals4 7b7 ,implementation ,this ,act shall be implemented consistent with applicable law4 7c7 ,exceptions 7#a7 ,in general ,subject to paragraph 7#b71 nothing in ,act shall apply to an action relating to-- 7,a7 foreign or military affairs2 or 7,b7 a national security or homeland security function of the ,united ,states4 7#b7 ,procurement actions ,this ,act shall apply to actions relating to-- 7,a7 procurement2 and 7,b7 the import and export of non-dense articles and services4 7d7 ,no cause of action ,this ,act does not create any-- 7#a7 right or benefit for any party2 or 7#b7 cause of action for any party against-- 7,a7 the ,united ,states2 7,b7 a department1 agency1 entity1 officer1 employee1 or agent of the ,united ,states2 or 7,c7 any other person4 #aa4 ,sunset ,this ,act shall cease to be effective on the later of-- 7#a7 the date on which the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 terminates2 or 7#b7 ,january #a1 #bjba4