skip to main content

S. 4055: LIBERATE Act


The text of the bill below is as of Apr 7, 2022 (Introduced).


II

117th CONGRESS

2d Session

S. 4055

IN THE SENATE OF THE UNITED STATES

April 7, 2022

(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.

1.

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.

2.

Regulatory Oversight and Review Task Force

(a)

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).

(b)

Membership

(1)

In general

The Task Force shall be composed of—

(A)

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;

(B)

1 representative of the Office of Information and Regulatory Affairs, who shall be a non-voting, ex officio member of the Task Force; and

(C)

16 individuals from the private sector, of whom—

(i)

4 shall be appointed by the majority leader of the Senate;

(ii)

4 shall be appointed by the minority leader of the Senate;

(iii)

4 shall be appointed by the Speaker of the House of Representatives; and

(iv)

4 shall be appointed by the minority leader of the House of Representatives.

(2)

Qualifications of private sector members

(A)

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.

(B)

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).

(C)

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.

(c)

Consultation with GAO

In carrying out its functions under this section, the Task Force shall consult with the Government Accountability Office.

(d)

No compensation

A member of the Task Force may not receive any compensation for serving on the Task Force.

(e)

Staff

(1)

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.

(2)

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.

(f)

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—

(1)

exclude or otherwise inhibit competition, causing industries of the United States to be less competitive with global competitors;

(2)

create barriers to entry for United States businesses, including entrepreneurs and startups;

(3)

increase the operating costs for domestic manufacturing;

(4)

impose substantial compliance costs and other burdens on industries of the United States, making those industries less competitive with global competitors;

(5)

impose burdensome and lengthy permitting processes and requirements;

(6)

impact energy production by United States businesses and make the United States dependent on foreign countries for energy supply;

(7)

restrict domestic mining, including the mining of critical minerals; or

(8)

inhibit capital formation in the economy of the United States.

(g)

Website

The Task Force shall establish and maintain a user-friendly, public-facing website to be—

(1)

a portal for the submission of written comments under subsection (i); and

(2)

a gateway for reports and key information.

(h)

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.

(i)

Written recommendations

(1)

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.

(2)

Manner of submission

The Task Force shall allow written recommendations under paragraph (1) to be submitted through—

(A)

the website of the Task Force;

(B)

regulations.gov;

(C)

the mail; or

(D)

other appropriate written means.

(3)

Publication

The Task Force shall publish each recommendation submitted under paragraph (1)—

(A)

in the Federal Register;

(B)

on the website of the Task Force; and

(C)

on regulations.gov.

(4)

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).

(5)

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.

(j)

Reports

(1)

In general

The Task Force shall submit quarterly and annual reports to Congress on the findings of the Task Force under this section.

(2)

Contents

Each report submitted under paragraph (1) shall—

(A)

analyze the Federal regulations or guidance identified in accordance with subsection (f); and

(B)

provide recommendations for modifications, consolidation, harmonization, and repeal of the regulations or guidance described in subparagraph (A) of this paragraph.

(3)

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.

(k)

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 regulations or guidance that were recommended for repeal in a special message submitted to Congress under paragraph (2); and

(ii)

a provision that immediately repeals the listed regulations or guidance 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 of the Office of Management and Budget shall submit to Congress, on behalf of the Task Force, a special message that—

(i)

details each regulation or guidance document that the Task Force recommends for repeal; and

(ii)

explains why each regulation or guidance document should be 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 regulation or guidance document recommended for repeal by the Task Force.

(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.

(l)

Funding

(1)

No additional amounts authorized

No additional amounts are authorized to be appropriated to carry out this section.

(2)

Other funding

The Task Force shall use amounts otherwise available to the Office of Management and Budget to carry out this section.