[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3770 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3770

           To amend the definition of section 804 of title 5.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 31, 2023

Mr. Joyce of Ohio (for himself and Mr. Golden of Maine) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
           To amend the definition of section 804 of title 5.

    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 ``Limiting the Intrusive Bureaucracy 
and Empowering Regulatory Transparency for You Act'' or the ``LIBERTY 
Act''.

SEC. 2. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

    Section 804 of title 5, United States Code, is amended to read as 
follows:
``Sec. 804. Definitions
    ``For purposes of this chapter:
            ``(1) The term `Federal agency' means any agency as that 
        term is defined in section 551(1).
            ``(2) The term `major rule'--
                    ``(A) means any rule that the Administrator of the 
                Office of Information and Regulatory Affairs of the 
                Office of Management and Budget finds has resulted in 
                or is likely to result in--
                            ``(i) an annual effect on the economy of 
                        $100,000,000 or more;
                            ``(ii) a major increase in costs or prices 
                        for consumers, individual industries, Federal, 
                        State, or local government agencies, or 
                        geographic regions; or
                            ``(iii) significant adverse effects on 
                        competition, employment, investment, 
                        productivity, innovation, or on the ability of 
                        United States-based enterprises to compete with 
                        foreign-based enterprises in domestic and 
                        export markets; and
                    ``(B) includes significant guidance documents.
            ``(3) The term `rule'--
                    ``(A) has the meaning given such term in section 
                551, except that such term does not include (except as 
                otherwise provided in subparagraph (B))--
                            ``(i) any rule of particular applicability, 
                        including a rule that approves or prescribes 
                        for the future rates, wages, prices, services, 
                        or allowances therefor, corporate or financial 
                        structures, reorganizations, mergers, or 
                        acquisitions thereof, or accounting practices 
                        or disclosures bearing on any of the foregoing;
                            ``(ii) any rule relating to agency 
                        management or personnel; or
                            ``(iii) any rule of agency organization, 
                        procedure, or practice that does not 
                        substantially affect the rights or obligations 
                        of non-agency parties; and
                    ``(B) includes guidance documents.
            ``(4) The term `guidance document' means a statement of 
        general applicability and future effect, other than a 
        regulatory action, issued by a Federal agency that sets forth--
                    ``(A) a policy on a statutory, regulatory, or 
                technical issue; or
                    ``(B) an interpretation of a statutory or 
                regulatory issue.
            ``(5) The term `significant guidance document'--
                    ``(A) means a guidance document disseminated to 
                regulated entities or the general public that may 
                reasonably be anticipated to--
                            ``(i) lead to an annual effect of 
                        $100,000,000 or more, or adversely affect in a 
                        material way the economy, a sector of the 
                        economy, productivity, competition, employment, 
                        the environment, public health or safety, or 
                        State, local, or Tribal governments or 
                        communities;
                            ``(ii) create a serious inconsistency, or 
                        otherwise interfere, with an action taken or 
                        planned by another Federal agency;
                            ``(iii) materially alter the budgetary 
                        impact of any entitlement, grant, user fees, or 
                        loan programs, or the rights or obligations of 
                        recipients thereof; or
                            ``(iv) raise novel legal or policy issues 
                        arising out of legal mandates; and
                    ``(B) does not include any guidance document--
                            ``(i) on regulations issued in accordance 
                        with section 556 or 557;
                            ``(ii) that pertains to a military or 
                        foreign affairs function of the United States, 
                        other than procurement regulations and 
                        regulations involving the import or export of 
                        non-defense articles and services; or
                            ``(iii) on regulations that are limited to 
                        the organization, management, or personnel 
                        matters of a Federal agency.''.

SEC. 3. DEFINITION OF ``RULE'' TO INCLUDE SIGNIFICANT GUIDANCE DOCUMENT 
              FOR PURPOSES OF RULEMAKING.

     Section 551(4) of title 5, United States Code, is amended by 
inserting before the semicolon the following: ``, as well as 
significant guidance document (as such term is defined in section 
804(5))''.
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