[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4211 Introduced in Senate (IS)]

<DOC>






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.

    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 ``Promoting Innovation and Offering 
the Needed Escape from Exhaustive Regulations Act'' or the ``PIONEER 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office of Information and Regulatory 
        Affairs.
            (2) Agency; rule.--The terms ``agency'' and ``rule'' have 
        the meanings given those terms in section 551 of title 5, 
        United States Code.
            (3) Applicable agency.--The term ``applicable agency'' 
        means an agency that has jurisdiction over the enforcement or 
        implementation covered provision for which an applicant is 
        seeking a waiver under the Program.
            (4) Covered provision.--The term ``covered provision'' 
        means--
                    (A) a rule, including a rule required to be issued 
                under law; or
                    (B) guidance or any other document issued by an 
                agency.
            (5) Director.--The term ``Director'' means the Director of 
        the Office.
            (6) Economic damage.--The term ``economic damage'' means a 
        risk that is likely to cause tangible, physical harm to the 
        property or assets of consumers.
            (7) Health or safety.--The term ``health or safety'', with 
        respect to a risk, means the risk is likely to cause bodily 
        harm to a human life, loss of human life, or an inability to 
        sustain the health or life of a human being.
            (8) Office.--The term ``Office'' means the Office of 
        Federal Regulatory Relief established under section 3(a).
            (9) Program.--The term ``Program'' means the program 
        established under section 4(a).
            (10) Unfair or deceptive trade practice.--The term ``unfair 
        or deceptive trade practice'' has the meaning given the term 
        in--
                    (A) the Policy Statement of the Federal Trade 
                Commission on Deception, issued on October 14, 1983; 
                and
                    (B) the Policy Statement of the Federal Trade 
                Commission on Unfairness, issued on December 17, 1980.

SEC. 3. OFFICE OF FEDERAL REGULATORY RELIEF.

    (a) Establishment.--There is established within the Office of 
Information and Regulatory Affairs within the Office of Management and 
Budget an Office of Federal Regulatory Relief.
    (b) Director.--
            (1) In general.--The Office shall be headed by a Director, 
        who shall be the Administrator or a designee thereof, who 
        shall--
                    (A) be responsible for--
                            (i) establishing a regulatory sandbox 
                        program described in section 4;
                            (ii) receiving Program applications and 
                        ensuring those applications are complete;
                            (iii) referring complete Program 
                        applications to the applicable agencies;
                            (iv) filing final Program application 
                        decisions from the applicable agencies;
                            (v) hearing appeals from applicants if 
                        their applications are denied by an applicable 
                        agency in accordance with section 4(c)(6); and
                            (vi) designating staff to the Office as 
                        needed; and
                    (B) not later than 180 days after the date of 
                enactment of this Act--
                            (i) establish a process that is used to 
                        assess likely health and safety risks, risks 
                        that are likely to cause economic damage, and 
                        the likelihood for unfair or deceptive 
                        practices to be committed against consumers 
                        related to applications submitted for the 
                        Program, which shall be--
                                    (I) published in the Federal 
                                Register and made publicly available 
                                with a detailed list of the criteria 
                                used to make such determinations; and
                                    (II) subject to public comment 
                                before final publication in the Federal 
                                Register; and
                            (ii) establish the application process 
                        described in section 4(c)(1).
            (2) Advisory boards.--
                    (A) Establishment.--The Director shall require the 
                head of each agency to establish an advisory board, 
                which shall--
                            (i) be composed of 10 private sector 
                        representatives appointed by the head of the 
                        agency--
                                    (I) with expertise in matters under 
                                the jurisdiction of the agency, with 
                                not more than 5 representatives from 
                                the same political party;
                                    (II) who shall serve for a period 
                                of not more than 3 years; and
                                    (III) who shall not receive any 
                                compensation for participation on the 
                                advisory board; and
                            (ii) be responsible for providing input to 
                        the head of the agency for each Program 
                        application received by the agency.
                    (B) Vacancy.--A vacancy on an advisory board 
                established under subparagraph (A), including a 
                temporary vacancy due to a recusal under subparagraph 
                (C)(ii), shall be filled in the same manner as the 
                original appointment with an individual who meets the 
                qualifications described in subparagraph (A)(i)(I).
                    (C) Conflict of interest.--
                            (i) In general.--If a member of an advisory 
                        board established under subparagraph (A) is 
                        also the member of the board of an applicant 
                        that submits an application under review by the 
                        advisory board, the head of the agency or a 
                        designee thereof may appoint a temporary 
                        replacement for that member.
                            (ii) Financial interest.--Each member of an 
                        advisory board established under subparagraph 
                        (A) shall recuse themselves from advising on an 
                        application submitted under the Program for 
                        which the member has a conflict of interest as 
                        described in section 208 of title 18, United 
                        States Code.
                    (D) Small business concerns.--Not less than 5 of 
                the members of each advisory board established under 
                subparagraph (A) shall be representatives of a small 
                business concern, as defined in section 3 of the Small 
                Business Act (15 U.S.C. 632).
                    (E) Rule of construction.--Nothing in this Act 
                shall be construed to prevent an agency from 
                establishing additional advisory boards as needed to 
                assist in reviewing Program applications that involve 
                multiple or unique industries.

SEC. 4. REGULATORY SANDBOX PROGRAM.

    (a) In General.--The Director shall establish a regulatory sandbox 
program under which applicable agencies shall grant or deny waivers of 
covered provisions to temporarily test products or services on a 
limited basis, or undertake a project to expand or grow business 
facilities consistent with the purpose described in subsection (b), 
without otherwise being licensed or authorized to do so under that 
covered provision.
    (b) Purpose.--The purpose of the Program is to incentivize the 
success of current or new businesses, the expansion of economic 
opportunities, the creation of jobs, and the fostering of innovation.
    (c) Application Process for Waivers.--
            (1) In general.--The Office shall establish an application 
        process for the waiver of covered provisions, which shall 
        require that an application shall--
                    (A) confirm that the applicant--
                            (i) is subject to the jurisdiction of the 
                        Federal Government; and
                            (ii) has established or plans to establish 
                        a business that is incorporated or has a 
                        principal place of business in the United 
                        States from which their goods or services are 
                        offered from and their required documents and 
                        data are maintained;
                    (B) include relevant personal information such as 
                the legal name, address, telephone number, email 
                address, and website address of the applicant;
                    (C) disclose any criminal conviction of the 
                applicant or other participating persons, if 
                applicable;
                    (D) contain a description of the good, service, or 
                project to be offered by the applicant for which the 
                applicant is requesting waiver of a covered provision 
                by the Office under the Program, including--
                            (i) how the applicant is subject to 
                        licensing, prohibitions, or other authorization 
                        requirements outside of the Program;
                            (ii) each covered provision that the 
                        applicant seeks to have waived during 
                        participation in the Program;
                            (iii) how the good, service, or project 
                        would benefit consumers;
                            (iv) what likely risks the participation of 
                        the applicant in the Program may pose, and how 
                        the applicant intends to reasonably mitigate 
                        those risks;
                            (v) how participation in the Program would 
                        render the offering of the good, service, or 
                        project successful;
                            (vi) a description of the plan and 
                        estimated time periods for the beginning and 
                        end of the offering of the good, service, or 
                        project under the Program;
                            (vii) a recognition that the applicant will 
                        be subject to all laws and rules after the 
                        conclusion of the offering of the good, 
                        service, or project under the Program;
                            (viii) how the applicant will end the 
                        demonstration of the offering of the good, 
                        service, or project under the Program;
                            (ix) how the applicant will repair harm to 
                        consumers if the offering of the good, service, 
                        or project under the Program fails; and
                            (x) a list of each agency that regulates 
                        the business of the applicant; and
                    (E) include any other information as required by 
                the Office.
            (2) Assistance.--The Office may, upon request, provide 
        assistance to an applicant to complete the application process 
        for a waiver under the Program, including by providing the 
        likely covered provisions that could be eligible for such a 
        waiver.
            (3) Agency review.--
                    (A) Transmission.--Not later than 14 days after the 
                date on which the Office receives an application under 
                paragraph (1), the Office shall submit a copy of the 
                application to each applicable agency.
                    (B) Review.--The head of an applicable agency, or a 
                designee thereof, shall review a Program application 
                received under subparagraph (A) with input from the 
                advisory board established under section 3(b)(2).
                    (C) Considerations.--In reviewing a copy of an 
                application submitted to an applicable agency under 
                subparagraph (A), the head of the applicable agency, or 
                a designee thereof, with input from the advisory board 
                of the applicable agency established under section 
                3(b)(2), shall consider whether--
                            (i) the plan of the applicant to deploy 
                        their offering will adequately protect 
                        consumers from harm;
                            (ii) the likely health and safety risks, 
                        risks that are likely to cause economic damage, 
                        and the likelihood for unfair or deceptive 
                        practices to be committed against consumers are 
                        outweighed by the potential benefits to 
                        consumers from the offering of the applicant; 
                        and
                            (iii) it is possible to provide the 
                        applicant a waiver even if the Office does not 
                        waive every covered provision requested by the 
                        applicant.
                    (D) Final decision.--
                            (i) In general.--Subject to clause (ii), 
                        the head of an applicable agency, or a designee 
                        thereof, who receives a copy of an application 
                        under subparagraph (A) shall, with the 
                        consideration of the recommendations of the 
                        advisory board of the applicable agency 
                        established under section 3(b)(2), make the 
                        final decision to grant or deny the 
                        application.
                            (ii) In part approval.--
                                    (I) In general.--If more than 1 
                                applicable agency receives a copy of an 
                                application under subparagraph (A)--
                                            (aa) the head of each 
                                        applicable agency (or their 
                                        designees), with input from the 
                                        advisory board of the 
                                        applicable agency established 
                                        under section 3(b)(2), shall 
                                        grant or deny the waiver of the 
                                        covered provisions over which 
                                        the applicable agency has 
                                        jurisdiction for enforcement or 
                                        implementation; and
                                            (bb) if each applicable 
                                        agency that receives an 
                                        application under subparagraph 
                                        (A) grants the waiver under 
                                        item (aa), the Director shall 
                                        grant the entire application.
                                    (II) In part approval by 
                                director.--If an applicable agency 
                                denies part of an application under 
                                subclause (I) but another applicable 
                                agency grants part of the application, 
                                the Director shall approve the 
                                application in part and specify in the 
                                final decision which covered provisions 
                                are waived.
                    (E) Record of decision.--
                            (i) In general.--Not later than 180 days 
                        after receiving a copy of an application under 
                        subparagraph (A), an applicable agency shall 
                        approve or deny the application and submit to 
                        the Director a record of the decision, which 
                        shall include a description of each likely 
                        health and safety risk, each risk that is 
                        likely to cause economic damage, and the 
                        likelihood for unfair or deceptive practices to 
                        be committed against consumers that the covered 
                        provision the applicant is seeking to have 
                        waived protects against, and--
                                    (I) if the application is approved, 
                                a description of how the identifiable, 
                                significant harms will be mitigated and 
                                how consumers will be protected under 
                                the waiver;
                                    (II) if the applicable agency 
                                denies the waiver, a description of the 
                                reasons for the decision, including why 
                                a waiver would likely cause health and 
                                safety risks, likely cause economic 
                                damage, and increase the likelihood for 
                                unfair or deceptive practices to be 
                                committed against consumers, and the 
                                likelihood of such risks occurring, as 
                                well as reasons why the application 
                                cannot be approved in part or reformed 
                                to mitigate such risks; and
                                    (III) if the applicable agency 
                                determines that a waiver would likely 
                                cause health and safety risks, likely 
                                cause economic damage, and there is 
                                likelihood for unfair or deceptive 
                                practices to be committed against 
                                consumers as a result of the covered 
                                provision that an applicant is 
                                requesting to have waived, but the 
                                applicable agency determines such risks 
                                can be protected through less 
                                restrictive means than denying the 
                                application, the applicable agency 
                                shall provide a recommendation of how 
                                that can be achieved.
                            (ii) No record submitted.--If the 
                        applicable agency does not submit a record of 
                        the decision with respect to an application for 
                        a waiver submitted to the applicable agency, 
                        the Office shall assume that the applicable 
                        agency does not object to the granting of the 
                        waiver.
                            (iii) Extension.--The applicable agency may 
                        request one 30-day extension of the deadline 
                        for a record of decision under clause (i).
                            (iv) Expedited review.--If the applicable 
                        agency provides a recommendation described in 
                        clause (i)(III), the Office shall provide the 
                        applicant with a 60-day period to make 
                        necessary changes to the application, and the 
                        applicant may resubmit the application to the 
                        applicable agency for expedited review over a 
                        period of not more than 60 days.
            (4) Nondiscrimination.--In considering an application for a 
        waiver, an applicable agency shall not unreasonably 
        discriminate among applications under the Program or resort to 
        any unfair or unjust discrimination for any reason.
            (5) Fee.--The Office may collect an application fee from 
        each applicant under the Program, which--
                    (A) shall be in a fair amount and reflect the cost 
                of the service provided;
                    (B) shall be deposited in the general fund of the 
                Treasury and allocated to the Office, subject to 
                appropriations; and
                    (C) shall not be increased more frequently than 
                once every 2 years.
            (6) Written agreement.--If each applicable agency grants a 
        waiver requested in an application submitted under paragraph 
        (1), the waiver shall not be effective until the applicant 
        enters into a written agreement with the Office that describes 
        each covered provision that is waived under the Program.
            (7) Limitation.--An applicable agency may not waive under 
        the Program any tax, fee, or charge imposed by the Federal 
        Government.
            (8) Appeals.--
                    (A) In general.--If an applicable agency denies an 
                application under paragraph (3)(E), the applicant may 
                submit to the Office one appeal for reconsideration, 
                which shall--
                            (i) address the comments of the applicable 
                        agency that resulted in denial of the 
                        application; and
                            (ii) include how the applicant plans to 
                        mitigate the likely risks identified by the 
                        applicable agency.
                    (B) Office response.--Not later than 60 days after 
                receiving an appeal under subparagraph (A), the 
                Director shall--
                            (i) determine whether the appeal 
                        sufficiently addresses the concerns of the 
                        applicable agency; and
                            (ii)(I) if the Director determines that the 
                        appeal sufficiently addresses the concerns of 
                        the applicable agency, file a record of 
                        decision detailing how the concerns have been 
                        remedied and approve the application; or
                            (II) if the Director determines that the 
                        appeal does not sufficiently address the 
                        concerns of the applicable agency, file a 
                        record of decision detailing how the concerns 
                        have not been remedied and deny the 
                        application.
            (9) Nondiscrimination.--The Office shall not unreasonably 
        discriminate among applications under the Program or resort to 
        any unfair or unjust discrimination for any reason in the 
        implementation of the Program.
            (10) Judicial review.--
                    (A) Record of decision.--A record of decision 
                described in paragraph (3)(E) or (8)(B) shall be 
                considered a final agency action for purposes of review 
                under section 704 of title 5, United States Code.
                    (B) Limitation.--A reviewing court considering 
                claims made against a final agency action under this 
                Act shall be limited to whether the agency acted in 
                accordance with the requirements set forth under this 
                Act.
                    (C) Right to judicial review.--Nothing in this 
                paragraph shall be construed to establish a right to 
                judicial review under this Act.
    (d) Period of Waiver.--
            (1) Initial period.--Except as provided in this subsection, 
        a waiver granted under the Program shall be for a term of 2 
        years.
            (2) Continuance.--The Office may continue a waiver granted 
        under the Program for a maximum of 4 additional periods of 2 
        years as determined by the Office.
            (3) Notification.--Not later than 30 days before the end of 
        an initial waiver period under paragraph (1), an entity that is 
        granted a waiver under the Program shall notify the Office if 
        the entity intends to seek a continuance under paragraph (2).
            (4) Revocation.--
                    (A) Significant harm.--If the Office determines 
                that an entity that was granted a waiver under the 
                Program is causing significant harm to the health or 
                safety of the public, inflicting severe economic damage 
                on the public, or engaging in unfair or deceptive 
                practices, the Office may immediately end the 
                participation of the entity in the Program by revoking 
                the waiver.
                    (B) Compliance.--If the Office determines that an 
                entity that was granted a waiver under the Program is 
                not in compliance with the terms of the Program, the 
                Office shall give the entity 30 days to correct the 
                action, and if the entity does not correct the action 
                by the end of the 30-day period, the Office may end the 
                participation of the entity in the Program by revoking 
                the waiver.
    (e) Terms.--An entity for which a waiver is granted under the 
Program shall be subject to the following terms:
            (1) A covered provision may not be waived if the waiver 
        would prevent a consumer from seeking actual damages or an 
        equitable remedy in the event that a consumer is harmed.
            (2) While a waiver is in use, the entity shall not be 
        subject to the criminal or civil enforcement of a covered 
        provision identified in the waiver.
            (3) An agency may not file or pursue any punitive action 
        against a participant during the period for which the waiver is 
        in effect, including a fine or license suspension or revocation 
        for the violation of a covered provision identified in the 
        waiver.
            (4) The entity shall not have immunity related to any 
        criminal offense committed during the period for which the 
        waiver is in effect.
            (5) The Federal Government shall not be responsible for any 
        business losses or the recouping of application fees if the 
        waiver is denied or the waiver is revoked at any time.
    (f) Consumer Protection.--
            (1) In general.--Before distributing an offering to 
        consumers under a waiver granted under the Program, and 
        throughout the duration of the waiver, an entity shall publicly 
        disclose the following to consumers:
                    (A) The name and contact information of the entity.
                    (B) That the entity has been granted a waiver under 
                the Program, and if applicable, that the entity does 
                not have a license or other authorization to provide an 
                offering under covered provisions outside of the 
                waiver.
                    (C) If applicable, that the offering is undergoing 
                testing and may not function as intended and may expose 
                the consumer to certain risks as identified in the 
                record of decision of the applicable agency submitted 
                under section 4(c)(3)(E).
                    (D) That the entity is not immune from civil 
                liability for any losses or damages caused by the 
                offering.
                    (E) That the entity is not immune from criminal 
                prosecution for violation of covered provisions that 
                are not suspended under the waiver.
                    (F) That the offering is a temporary demonstration 
                and may be discontinued at the end of the initial 
                period under subsection (d)(1).
                    (G) The expected commencement date of the initial 
                period under subsection (d)(1).
                    (H) The contact information of the Office and that 
                the consumer may contact the Office and file a 
                complaint.
            (2) Online offering.--With respect to an offering provided 
        over the internet under the Program, the consumer shall 
        acknowledge receipt of the disclosures required under paragraph 
        (1) before any transaction is completed.
    (g) Record Keeping.--
            (1) In general.--An entity that is granted a waiver under 
        this section shall retain records, documents, and data produced 
        that is directly related to the participation of the entity in 
        the Program.
            (2) Notification before ending offering.--If an applicant 
        decides to end their offering before the initial period ends 
        under subsection (d)(1), the applicant shall submit to the 
        Office and the applicable agency a report on actions taken to 
        ensure consumers have not been harmed as a result.
            (3) Request for documents.--The Office may request records, 
        documents, and data from an entity that is granted a waiver 
        under this section that is directly related to the 
        participation of the entity in the Program, and upon the 
        request, the applicant shall make such records, documents, and 
        data available for inspection by the Office.
            (4) Notification of incidents.--An entity that is granted a 
        waiver under this section shall notify the Office and any 
        applicable agency of any incident that results in harm to the 
        health or safety of consumers, severe economic damage, or an 
        unfair or deceptive practice under the Program not later than 
        72 hours after the incident occurs.
    (h) Reports.--
            (1) Entities granted a waiver.--
                    (A) In general.--Any entity that is granted a 
                waiver under this section shall submit to the Office 
                reports that include--
                            (i) how many consumers are participating in 
                        the good, service, or project offered by the 
                        entity under the Program;
                            (ii) an assessment of the likely risks and 
                        how mitigation is taking place;
                            (iii) any previously unrealized risks that 
                        have manifested; and
                            (iv) a description of any adverse incidents 
                        and the ensuing process taken to repair any 
                        harm done to consumers.
                    (B) Timing.--An entity shall submit a report 
                required under subparagraph (A)--
                            (i) 10 days after 30 days elapses from 
                        commencement of the period for which a waiver 
                        is granted under the Program;
                            (ii) 30 days after the halfway mark of the 
                        period described in clause (i); and
                            (iii) 30 days before the expiration of the 
                        period described in subsection (d)(1).
            (2) Annual report by director.--The Director shall submit 
        to Congress an annual report on the Program, which shall 
        include, for the year covered by the report--
                    (A) the number of applications approved;
                    (B) the name and description of each entity that 
                was granted a waiver under the Program;
                    (C) any benefits realized to the public from the 
                Program; and
                    (D) any harms realized to the public from the 
                Program.
    (i) Special Message to Congress.--
            (1) Definition.--In this subsection, the term ``covered 
        resolution'' means a joint resolution--
                    (A) the matter after the resolving clause of which 
                contains only--
                            (i) a list of some or all of the covered 
                        provisions that were recommended for repeal 
                        under paragraph (2)(A)(ii) in a special message 
                        submitted to Congress under that paragraph; and
                            (ii) a provision that immediately repeals 
                        the listed covered provisions described in 
                        paragraph (2)(A)(ii) upon enactment of the 
                        joint resolution; and
                    (B) upon which Congress completes action before the 
                end of the first period of 60 calendar days after the 
                date on which the special message described in 
                subparagraph (A)(i) of this paragraph is received by 
                Congress.
            (2) Submission.--
                    (A) In general.--Not later than the first day on 
                which both Houses of Congress are in session after May 
                1 of each year, the Director shall submit to Congress a 
                special message that--
                            (i) details each covered provision that the 
                        Office recommends should be amended or repealed 
                        as a result of entities being able to operate 
                        safely without those covered provisions during 
                        the Program;
                            (ii) lists any covered provision that 
                        should be repealed as a result of having been 
                        waived for a period of not less than 6 years 
                        during the Program; and
                            (iii) explains why each covered provision 
                        described in clauses (i) and (ii) should be 
                        amended or repealed.
                    (B) Delivery to house and senate; printing.--Each 
                special message submitted under subparagraph (A) shall 
                be--
                            (i) delivered to the Clerk of the House of 
                        Representatives and the Secretary of the 
                        Senate; and
                            (ii) printed in the Congressional Record.
            (3) Procedure in house and senate.--
                    (A) Referral.--A covered resolution shall be 
                referred to the appropriate committee of the House of 
                Representatives or the Senate, as the case may be.
                    (B) Discharge of committee.--If the committee to 
                which a covered resolution has been referred has not 
                reported the resolution at the end of 25 calendar days 
                after the introduction of the resolution--
                            (i) the committee shall be discharged from 
                        further consideration of the resolution; and
                            (ii) the resolution shall be placed on the 
                        appropriate calendar.
            (4) Floor consideration in the house.--
                    (A) Motion to proceed.--
                            (i) In general.--When the committee of the 
                        House of Representatives has reported, or has 
                        been discharged from further consideration of, 
                        a covered resolution, it shall at any time 
                        thereafter be in order (even though a previous 
                        motion to the same effect has been disagreed 
                        to) to move to proceed to the consideration of 
                        the resolution.
                            (ii) Privilege.--A motion described in 
                        clause (i) shall be highly privileged and not 
                        debatable.
                            (iii) No amendment or motion to 
                        reconsider.--An amendment to a motion described 
                        in clause (i) shall not be in order, nor shall 
                        it be in order to move to reconsider the vote 
                        by which the motion is agreed to or disagreed 
                        to.
                    (B) Debate.--
                            (i) In general.--Debate in the House of 
                        Representatives on a covered resolution shall 
                        be limited to not more than 2 hours, which 
                        shall be divided equally between those favoring 
                        and those opposing the resolution.
                            (ii) No motion to reconsider.--It shall not 
                        be in order in the House of Representatives to 
                        move to reconsider the vote by which a covered 
                        resolution is agreed to or disagreed to.
                    (C) No motion to postpone consideration or proceed 
                to consideration of other business.--In the House of 
                Representatives, motions to postpone, made with respect 
                to the consideration of a covered resolution, and 
                motions to proceed to the consideration of other 
                business, shall not be in order.
                    (D) Appeals from decisions of chair.--An appeal 
                from the decision of the Chair relating to the 
                application of the Rules of the House of 
                Representatives to the procedure relating to a covered 
                resolution shall be decided without debate.
            (5) Floor consideration in the senate.--
                    (A) Motion to proceed.--
                            (i) In general.--Notwithstanding Rule XXII 
                        of the Standing Rules of the Senate, when the 
                        committee of the Senate to which a covered 
                        resolution is referred has reported, or has 
                        been discharged from further consideration of, 
                        a covered resolution, it shall at any time 
                        thereafter be in order (even though a previous 
                        motion to the same effect has been disagreed 
                        to) to move to proceed to the consideration of 
                        the resolution and all points of order against 
                        the covered resolution are waived.
                            (ii) Division of time.--A motion to proceed 
                        described in clause (i) is subject to 4 hours 
                        of debate divided equally between those 
                        favoring and those opposing the covered 
                        resolution.
                            (iii) No amendment or motion to postpone or 
                        proceed to other business.--A motion to proceed 
                        described in clause (i) is not subject to--
                                    (I) amendment;
                                    (II) a motion to postpone; or
                                    (III) a motion to proceed to the 
                                consideration of other business.
                    (B) Floor consideration.--
                            (i) General.--In the Senate, a covered 
                        resolution shall be subject to 10 hours of 
                        debate divided equally between those favoring 
                        and those opposing the covered resolution.
                            (ii) Amendments.--In the Senate, no 
                        amendment to a covered resolution shall be in 
                        order, except an amendment that strikes from or 
                        adds to the list required under paragraph 
                        (1)(A)(i) a covered provision recommended for 
                        amendment or repeal by the Office.
                            (iii) Motions and appeals.--In the Senate, 
                        a motion to reconsider a vote on final passage 
                        of a covered resolution shall not be in order, 
                        and points of order, including questions of 
                        relevancy, and appeals from the decision of the 
                        Presiding Officer, shall be decided without 
                        debate.
            (6) Receipt of resolution from other house.--If, before 
        passing a covered resolution, one House receives from the other 
        a covered resolution--
                    (A) the covered resolution of the other House shall 
                not be referred to a committee and shall be deemed to 
                have been discharged from committee on the day on which 
                it is received; and
                    (B) the procedures set forth in paragraph (4) or 
                (5), as applicable, shall apply in the receiving House 
                to the covered resolution received from the other House 
                to the same extent as those procedures apply to a 
                covered resolution of the receiving House.
            (7) Rules of the house of representatives and the senate.--
        Paragraphs (3) through (7) are enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                House of Representatives and the Senate, respectively, 
                and as such are deemed a part of the rules of each 
                House, respectively, but applicable only with respect 
                to the procedures to be followed in the House in the 
                case of covered resolutions, and supersede other rules 
                only to the extent that they are inconsistent with such 
                other rules; and
                    (B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to the procedure of that House) at any time, 
                in the same manner, and to the same extent as in the 
                case of any other rule of that House.
    (j) Rule of Construction.--Nothing in this section shall be 
construed to--
            (1) require an entity that is granted a waiver under this 
        section to publicly disclose proprietary information, including 
        trade secrets or commercial or financial information that is 
        privileged or confidential; or
            (2) affect any other provision of law or regulation 
        applicable to an entity that is not included in a waiver 
        provided under this section.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Office to carry out this section an amount that is 
not more than the amount of funds deposited into the Treasury from the 
fees collected under subsection (c)(3).
                                 <all>