PIONEER Act
Sponsored By: Senator Mike Lee
Introduced
Summary
Would create a federal regulatory sandbox that lets companies test products or expand facilities under temporary, limited waivers. It would also establish an Office of Federal Regulatory Relief in OMB to run the program and coordinate agency input.
Show full summary
- Would let U.S. businesses apply for temporary waivers to test goods, services, or projects to expand or grow, with initial waivers of 2 years and up to four 2-year extensions.
- Would require public disclosures to consumers before and during testing and rapid incident alerts to agencies within 72 hours; waivers would not block consumer suits for damages or criminal and civil enforcement.
- Would set up an OMB office and require an advisory board at each applicable agency made up of 10 private-sector representatives, at least five from small businesses, and agencies would generally issue a Record of Decision within 180 days.
- Would send an annual Special Message to Congress identifying provisions recommended for repeal and trigger a streamlined congressional review process with action in the first 60-day period after receipt.
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Bill Overview
Analyzed Economic Effects
9 provisions identified: 2 benefits, 2 costs, 5 mixed.
New OMB regulatory sandbox office
If enacted, the bill would create an Office of Federal Regulatory Relief inside OMB. The Director would run a Regulatory Sandbox Program, take applications, check them for completeness, and send them to relevant agencies. The Director would also hear one applicant appeal and file final agency decisions.
Public application and risk process
If enacted, the Director would publish a public risk-assessment process in the Federal Register within 180 days. Applicants would have to confirm U.S. incorporation or principal place of business, list requested waivers, describe products and benefits, disclose criminal convictions, assess health/safety and economic risks and mitigations, and provide start/end dates and an exit plan. The Office must send complete applications to each applicable agency within 14 days of receipt.
Agency review boards and appeals
If enacted, each applicable agency would set up a 10-member private advisory board to review sandbox applications. Agencies must weigh consumer protection and risk against benefits and issue a record of decision within 180 days (one 30-day extension allowed). If denied, an applicant could file one appeal to the Director, who would decide within 60 days whether the appeal addresses agency concerns.
Waiver length, revocation, and limits
If enacted, a sandbox waiver would start with a 2-year term and could be extended up to four more 2-year periods (up to 10 years total). An entity must tell the Office 30 days before the first term ends if it seeks continuation. The Office may revoke a waiver immediately for significant harm, or give 30 days to fix lesser noncompliance. Waivers take effect only after all applicable agencies agree and the applicant signs a written agreement. During an active waiver, agencies generally could not bring civil or punitive enforcement for waived provisions, but consumers could still sue for actual damages and criminal liability is preserved. The federal government would not repay businesses for losses if waivers are denied or revoked.
Annual reports and repeal pathway
If enacted, the Director would send Congress an annual report listing approved applications, the entities approved, and benefits or harms observed. Each year after May 1 the Director would send a special message recommending covered provisions to amend or repeal. The bill would let Congress consider a covered resolution on an expedited schedule with limited debate (House 2 hours, Senate 10 hours) and faster committee discharge.
Application fees and funding limit
If enacted, the Office could charge an application fee to each Program applicant. The fee must be fair and reflect the service cost and may not be increased more than once every two years. Collected fees would go to the Treasury and Congress could only appropriate to the Office up to the total fees collected.
Limit judicial review of decisions
If enacted, certain program records of decision would count as final agency actions for judicial review but courts would be limited to checking whether agencies followed this Act's procedures. The bill would not create a general new right to judicial review under the Program.
No tax waivers; protect trade secrets
If enacted, agencies would not be able to waive federal taxes, fees, or charges under the Program. Entities would not have to publicly disclose proprietary information, trade secrets, or privileged commercial or financial data. The Office and agencies would also be required to avoid unfair or unjust discrimination among applications.
Reporting and consumer disclosure rules
If enacted, entities with waivers would have to keep records and make them available on request. They would file an initial report 10 days after the first 30 days, a mid-term report 30 days after the waiver halfway point, and a final report 30 days before expiration. Entities must notify the Office and agencies within 72 hours of incidents that cause consumer health/safety harm, severe economic damage, or unfair/deceptive practices. Entities must also tell consumers they have a waiver, give contact info, and state any known risks.
Sponsors & CoSponsors
Sponsor
Mike Lee
UT • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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