S. 3998

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3998 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
2d Session
S. 3998

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

March 5, 2026

Mr. Lee 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)(8); 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 (2) through (6) 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)(5).
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