[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4055 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4055

     To establish a task force for regulatory oversight and review.


_______________________________________________________________________


                   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.

    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 ``Locating the Inefficiencies of 
Bureaucratic Edicts to Reform And Transform the Economy Act'' or the 
``LIBERATE Act''.

SEC. 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.
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