[Congressional Record Volume 168, Number 123 (Monday, July 25, 2022)]
[Senate]
[Pages S3648-S3651]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5179. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 4346, making appropriations for Legislative Branch 
for the fiscal year ending September 30, 2022, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                        DIVISION D--PIONEER ACT

     SEC. 20001. SHORT TITLE.

       This division may be cited as the ``Promoting Innovation 
     and Offering the Needed Escape from Exhaustive Regulations 
     Act'' or the ``PIONEER Act''.

     SEC. 20002. DEFINITIONS.

       In this division:
       (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.

[[Page S3649]]

       (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 20003(a).
       (9) Program.--The term ``Program'' means the program 
     established under section 20004(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. 20003. 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 20004;
       (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 
     20004(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 
     20004(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 division 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. 20004. 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 20003(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 20003(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 20003(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 20003(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

[[Page S3650]]

     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 1 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 division shall be 
     limited to whether the agency acted in accordance with the 
     requirements set forth under this division.
       (C) Right to judicial review.--Nothing in this paragraph 
     shall be construed to establish a right to judicial review 
     under this division.
       (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 20004(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

[[Page S3651]]

     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).
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