II
117th CONGRESS
2d Session
S. 4055
IN THE SENATE OF THE UNITED STATES
April 7, 2022
Mr. Lee (for himself, Mr. Cruz, Mr. Braun, Mr. Scott of Florida, and Mr. Johnson) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To establish a task force for regulatory oversight and review.
Short title
This Act may be cited as the Locating the Inefficiencies of Bureaucratic Edicts to Reform And Transform the Economy Act
or the LIBERATE Act
.
Regulatory Oversight and Review Task Force
Establishment
There is established a task force to be known as the Regulatory Oversight and Review Task Force
(referred to in this section as the Task Force).
Membership
In general
The Task Force shall be composed of—
the Director of the Office of Management and Budget, who shall serve as the Chairperson of the Task Force and shall be a non-voting, ex officio member of the Task Force;
1 representative of the Office of Information and Regulatory Affairs, who shall be a non-voting, ex officio member of the Task Force; and
16 individuals from the private sector, of whom—
4 shall be appointed by the majority leader of the Senate;
4 shall be appointed by the minority leader of the Senate;
4 shall be appointed by the Speaker of the House of Representatives; and
4 shall be appointed by the minority leader of the House of Representatives.
Qualifications of private sector members
Expertise
Each member of the Task Force appointed under paragraph (1)(C) shall be an individual with expertise in Federal regulatory policy, Federal regulatory compliance, economics, law, or business management.
Small business concerns
Not fewer than 2 of the members of the Task Force appointed under each clause of paragraph (1)(C) shall be representatives of a small business concern, as defined in section 3 of the Small Business Act (15 U.S.C. 632).
Political affiliation
Not more than 2 of the members of the Task Force appointed under each clause of paragraph (1)(C) may be affiliated with the same political party.
Consultation with GAO
In carrying out its functions under this section, the Task Force shall consult with the Government Accountability Office.
No compensation
A member of the Task Force may not receive any compensation for serving on the Task Force.
Staff
Designation of existing staff
The Director of the Office of Management and Budget may designate employees of the Office of Management and Budget, including employees of the Office of Information and Regulatory Affairs, as necessary to help the Task Force carry out its duties under this section.
Rule of construction
Nothing in paragraph (1) shall be construed to authorize the provision of any additional compensation to an employee designated under that paragraph.
Evaluation of regulations and guidance
The Task Force shall evaluate, and provide recommendations for modification, consolidation, harmonization, or repeal of, Federal regulations or guidance that—
exclude or otherwise inhibit competition, causing industries of the United States to be less competitive with global competitors;
create barriers to entry for United States businesses, including entrepreneurs and startups;
increase the operating costs for domestic manufacturing;
impose substantial compliance costs and other burdens on industries of the United States, making those industries less competitive with global competitors;
impose burdensome and lengthy permitting processes and requirements;
impact energy production by United States businesses and make the United States dependent on foreign countries for energy supply;
restrict domestic mining, including the mining of critical minerals; or
inhibit capital formation in the economy of the United States.
Website
The Task Force shall establish and maintain a user-friendly, public-facing website to be—
a portal for the submission of written comments under subsection (i); and
a gateway for reports and key information.
Duty of Federal agencies
Upon request of the Task Force, a Federal agency shall provide applicable documents and information to help the Task Force carry out its functions under this section.
Written recommendations
In general
Not later than 15 days after the first meeting of the Task Force, the Task Force shall initiate a process to solicit and collect written recommendations regarding regulations or guidance described in subsection (f) from the general public, interested parties, Federal agencies, and other relevant entities.
Manner of submission
The Task Force shall allow written recommendations under paragraph (1) to be submitted through—
the website of the Task Force;
regulations.gov;
the mail; or
other appropriate written means.
Publication
The Task Force shall publish each recommendation submitted under paragraph (1)—
in the Federal Register;
on the website of the Task Force; and
on regulations.gov.
Public outreach
In addition to soliciting and collecting written recommendations under paragraph (1), the Task Force shall conduct public outreach and convene focus groups in geographically diverse areas throughout the United States to solicit feedback and public comments regarding regulations or guidance described in subsection (f).
Review and consideration
The Task Force shall review the information received under paragraphs (1) and (4) and consider including that information in the reports and special message required under subsections (j) and (k), respectively.
Reports
In general
The Task Force shall submit quarterly and annual reports to Congress on the findings of the Task Force under this section.
Contents
Each report submitted under paragraph (1) shall—
analyze the Federal regulations or guidance identified in accordance with subsection (f); and
provide recommendations for modifications, consolidation, harmonization, and repeal of the regulations or guidance described in subparagraph (A) of this paragraph.
Majority vote required
The Task Force may only include a finding or recommendation in a report submitted under paragraph (1) if a majority of the members of the Task Force have approved the finding or recommendation.
Special message to Congress
Definition
In this subsection, the term covered resolution means a joint resolution—
the matter after the resolving clause of which contains only—
a list of some or all of the regulations or guidance that were recommended for repeal in a special message submitted to Congress under paragraph (2); and
a provision that immediately repeals the listed regulations or guidance upon enactment of the joint resolution; and
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.
Submission
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 of the Office of Management and Budget shall submit to Congress, on behalf of the Task Force, a special message that—
details each regulation or guidance document that the Task Force recommends for repeal; and
explains why each regulation or guidance document should be repealed.
Delivery to House and Senate; printing
Each special message submitted under subparagraph (A) shall be—
delivered to the Clerk of the House of Representatives and the Secretary of the Senate; and
printed in the Congressional Record.
Procedure in House and Senate
Referral
A covered resolution shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be.
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—
the committee shall be discharged from further consideration of the resolution; and
the resolution shall be placed on the appropriate calendar.
Floor consideration in the House
Motion to proceed
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.
Privilege
A motion described in clause (i) shall be highly privileged and not debatable.
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.
Debate
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.
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.
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.
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.
Floor consideration in the Senate
Motion to proceed
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.
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.
No amendment or motion to postpone or proceed to other business
A motion to proceed described in clause (i) is not subject to—
amendment;
a motion to postpone; or
a motion to proceed to the consideration of other business.
Floor consideration
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.
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 regulation or guidance document recommended for repeal by the Task Force.
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.
Receipt of resolution from other House
If, before passing a covered resolution, one House receives from the other a covered resolution—
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
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.
Rules of the House of Representatives and the Senate
Paragraphs (3) through (7) are enacted by Congress—
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
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.
Funding
No additional amounts authorized
No additional amounts are authorized to be appropriated to carry out this section.
Other funding
The Task Force shall use amounts otherwise available to the Office of Management and Budget to carry out this section.
