Coronavirus Regulatory Repeal Act of 2020

II 116TH CONGRESS 2D SESSION S. 3922 To establish Federal Regulatory Review Commissions, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 9, 2020 Mr. PAUL introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish Federal Regulatory Review Commissions, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Coronavirus Regu- 4 latory Repeal Act of 2020’’. 5 SEC. 2. REPEAL OR MODIFICATION OF REGULATIONS DUR- 6 ING THE EMERGENCY PERIOD. 7 Any regulation waived or modified during the emer- 8 gency period shall be repealed or modified, as applicable, 9 the day after the expiration of the emergency period and 10 thereafter, unless a Federal Regulatory Review Commis- 11 VerDate Sep 11 2014 06:44 Jun 26, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3922.IS S3922 ctelli on DSK30NT082PROD with BILLS 2 •S 3922 IS sion recommends the regulation should not be repealed or 1 modified, as applicable, and a law is enacted confirming 2 the recommendation. 3 SEC. 3. FEDERAL REGULATORY REVIEW COMMISSIONS. 4 (a) ESTABLISHMENT.—There are established Com- 5 missions to be known as the ‘‘Federal Regulatory Review 6 Commissions’’. 7 (b) MEMBERS.—Each Commission shall be composed 8 of members of the congressional committee of each juris- 9 diction and the head of each agency under the jurisdiction 10 of that committee (in this Act referred to as the ‘‘mem- 11 bers’’). 12 (c) INFORMATION.—Members may obtain informa- 13 tion from individuals with expertise in the operations and 14 regulations of government programs. 15 (d) DUTIES OF THE COMMISSIONS.— 16 (1) REVIEW OF FEDERAL REGULATIONS.—Not 17 later than 2 months after the date of the enactment 18 of this Act, each Commission shall submit to the 19 Speaker of the House of Representatives and the 20 majority leader of the Senate an official rec- 21 ommendation, on the repeal or modification of each 22 regulation waived or modified during the emergency 23 period. Each regulation waived or modified during 24 the emergency period shall remain waived or modi- 25 VerDate Sep 11 2014 06:44 Jun 26, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3922.IS S3922 ctelli on DSK30NT082PROD with BILLS 3 •S 3922 IS fied, as applicable, during the review period by the 1 Commission. 2 (2) EXTENSION.—The deadline in paragraph 3 (1) may be extended for an additional month if the 4 Congress enacts legislation extending such deadline 5 by a vote of a majority of the House of Representa- 6 tives and the Senate. 7 (e) REPORT TO CONGRESS.— 8 (1) AGENCY REPORT ON REGULATIONS.—Not 9 later than 1 month after the date of the enactment 10 of this Act, the head of each agency shall submit to 11 each congressional committee of jurisdiction a report 12 that includes— 13 (A) an analysis of whether or not the agen- 14 cy can function without the regulation or with 15 the modified regulation, as applicable; and 16 (B) an analysis of whether the regulation 17 should be restored to its original state before 18 the emergency period or should remain repealed 19 or modified, as applicable. 20 (2) PUBLIC COMMENT PERIOD REQUIRED.—The 21 head of an agency shall provide a public comment 22 period before submitting a report pursuant to para- 23 graph (1). 24 VerDate Sep 11 2014 06:44 Jun 26, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3922.IS S3922 ctelli on DSK30NT082PROD with BILLS 4 •S 3922 IS (f) CONGRESSIONAL RECOMMENDATION.—Not later 1 than 1 month after receiving a report from the head of 2 each agency pursuant to subsection (e), each committee 3 shall submit to the Speaker of the House of Representa- 4 tives and the majority leader of the Senate an official rec- 5 ommendation on whether or not the repealed or modified 6 regulation should be re-established. 7 (g) SUNSET OF COMMISSIONS.—The Commissions 8 established in this section shall terminate on the final day 9 of the final recommendation by each committee. 10 SEC. 4. EXEMPTION FOR SLAUGHTER AND PREPARATION 11 OCCURRING AT CUSTOM SLAUGHTER FACILI- 12 TIES. 13 (a) IN GENERAL.—Section 23 of the Federal Meat 14 Inspection Act (21 U.S.C. 623) is amended— 15 (1) by redesignating subsections (b), (c), and 16 (d) as subsections (c), (d), and (e), respectively; 17 (2) by inserting after subsection (a) the fol- 18 lowing: 19 ‘‘(b) EXEMPTION FOR SLAUGHTER AND PREPARA- 20 TION OCCURRING AT CUSTOM SLAUGHTER FACILITIES.— 21 ‘‘(1) DEFINITION OF STATE.—In this sub- 22 section, the term ‘State’ means any State or Terri- 23 tory. 24 VerDate Sep 11 2014 06:44 Jun 26, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3922.IS S3922 ctelli on DSK30NT082PROD with BILLS 5 •S 3922 IS ‘‘(2) EXEMPTION.—The provisions of this title 1 requiring inspection of the slaughter of animals and 2 the preparation of the carcasses, parts thereof, meat, 3 and meat food products at establishments con- 4 ducting those operations for commerce shall not 5 apply to the slaughtering by any person of animals 6 at a custom slaughter facility and the preparation at 7 that custom slaughter facility and transportation in 8 commerce of the carcasses, parts thereof, meat, and 9 meat food products of those animals if— 10 ‘‘(A) the slaughtering and preparation car- 11 ried out at the custom slaughter facility is car- 12 ried out in accordance with the law of the State 13 in which the custom slaughter facility is lo- 14 cated; and 15 ‘‘(B) the animals are slaughtered and the 16 carcasses, parts thereof, meat, and meat food 17 products of the animals are prepared exclusively 18 for distribution to— 19 ‘‘(i) household consumers within the 20 State in which the custom slaughter facil- 21 ity is located; or 22 ‘‘(ii) restaurants, hotels, boarding 23 houses, grocery stores, or other establish- 24 VerDate Sep 11 2014 06:44 Jun 26, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3922.IS S3922 ctelli on DSK30NT082PROD with BILLS 6 •S 3922 IS ments located in the State in which the 1 custom slaughter facility is located that— 2 ‘‘(I) are involved in the prepara- 3 tion of meals served directly to con- 4 sumers; or 5 ‘‘(II) offer meat and meat food 6 products for sale directly to con- 7 sumers in the State.’’; and 8 (3) in subsection (c) (as so redesignated), in the 9 second sentence, by striking ‘‘paragraph (b)’’ and in- 10 serting ‘‘subsection’’. 11 (b) NO PREEMPTION OF STATE LAW.—Nothing in 12 an amendment made by subsection (a) preempts any State 13 law relating to— 14 (1) the slaughter of animals or the preparation 15 of carcasses, parts thereof, meat, and meat food 16 products at a custom slaughter facility; or 17 (2) the sale of meat or meat food products. 18 SEC. 5. DEFINITIONS. 19 In this Act: 20 (1) AGENCY.—The term ‘‘agency’’ has the 21 meaning given that term in section 551 of title 5, 22 United States Code. 23 (2) EMERGENCY PERIOD.—The term ‘‘emer- 24 gency period’’ means the duration of a public health 25 VerDate Sep 11 2014 06:44 Jun 26, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3922.IS S3922 ctelli on DSK30NT082PROD with BILLS 7 •S 3922 IS emergency declared pursuant to section 319 of the 1 Public Health Service Act (42 U.S.C. 247d) as a re- 2 sult of confirmed cases of 2019 novel coronavirus 3 (COVID–19), including any renewal thereof. 4 (3) REGULATION.—The term ‘‘regulation’’ has 5 the meaning given the term ‘‘rule’’ under section 6 551 of title 5, United States Code. 7 Æ VerDate Sep 11 2014 06:44 Jun 26, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S3922.IS S3922 ctelli on DSK30NT082PROD with BILLS