LIBERATE Act
- Bill Number
- S. 973
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-03-12: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Last Updated
- 2025-05-21T13:47:50Z
AI-Generated Summary
Purpose
The LIBERATE Act (S. 973) aims to create a bipartisan task force to identify and recommend changes to federal regulations that hinder U.S. economic competitiveness, such as those increasing costs for businesses, limiting innovation, or relying on foreign resources. By streamlining reviews and enabling faster repeals, the legislation seeks to reduce bureaucratic burdens and promote growth in industries like manufacturing, energy, and mining.
Key Provisions
- Task Force Establishment: Creates the "Regulatory Oversight and Review Task Force" (Task Force), chaired by the Director of the Office of Management and Budget (OMB). Members include one representative from the Office of Information and Regulatory Affairs (OIRA) and 16 private sector experts appointed by congressional leaders (4 each from Senate majority/minority leaders and House Speaker/minority leader).
- Private sector appointees must have expertise in areas like regulatory policy, economics, law, or business. At least 2 per appointing group must represent small businesses (as defined under the Small Business Act). No more than 2 per group can affiliate with the same political party.
- The President appoints private sector members within 30 days of enactment. The Task Force consults with the Government Accountability Office (GAO, an independent agency that audits government operations) but offers no compensation to members.
- Evaluation Duties: The Task Force assesses federal regulations for issues like inhibiting competition, creating entry barriers for startups, raising manufacturing costs, imposing high compliance burdens, delaying permits, affecting energy independence, restricting mining (including critical minerals), or limiting capital investment. It recommends modifications, consolidations, harmonizations (aligning similar rules), or repeals.
- Public Engagement:
- Maintains a public website for submitting and accessing recommendations.
- Solicits input from the public, agencies, and stakeholders via website, regulations.gov (a federal portal for rule comments), mail, or other means within 15 days of the first meeting.
- Publishes all submissions in the Federal Register (official government notice journal), on the Task Force website, and regulations.gov.
- Conducts outreach, including focus groups in diverse U.S. locations, to gather feedback.
- Reporting Requirements:
- Submits quarterly and annual reports to Congress analyzing problematic regulations and providing recommendations.
- Special Message and Repeal Process:
- By May 1 annually, the OMB Director submits a "special message" to Congress listing regulations recommended for repeal, with explanations, delivered to House and Senate leaders and printed in the Congressional Record (official daily record of proceedings).
- Introduces "covered resolutions": Joint resolutions to repeal listed regulations, with expedited procedures:
- House: Automatic committee referral; discharge after 25 days if not reported; privileged motion to proceed (non-debatable); 2 hours of debate; no amendments, postponements, or reconsiderations.
- Senate: Waives points of order (objections to procedure); 4 hours on motion to proceed; 10 hours total debate; limited amendments (only to add/remove from repeal list); no reconsiderations or delays.
- If one chamber receives a resolution from the other, it skips committee and follows fast-track rules. Must pass within 60 days of the special message.
- These procedures are enacted as congressional rules, applicable only to covered resolutions, but each chamber can change them later.
- Agency Cooperation and Funding: Federal agencies must provide documents upon request. No new funding; uses existing OMB resources.
Significant Changes to Existing Law
- Introduces a new, temporary task force focused specifically on deregulation, unlike existing bodies like OIRA (which reviews proposed rules) or GAO (which audits but doesn't recommend repeals).
- Establishes a novel fast-track legislative process for repealing regulations via joint resolutions, bypassing standard committee timelines, filibusters (in Senate), and extended debates—similar to mechanisms in budget reconciliation but targeted at regulations.
- Mandates public input portals and outreach, expanding beyond typical notice-and-comment rulemaking under the Administrative Procedure Act (a 1946 law governing agency rules).
Potential Impacts
- Government Agencies: Increases scrutiny on regulations, requiring data sharing and potential rule changes or repeals, which could reduce administrative workloads but challenge agencies' authority (e.g., environmental or safety rules).
- Citizens and Businesses: May lower compliance costs, speed up permits, and boost sectors like energy and mining, benefiting consumers through potentially cheaper goods and more jobs. Small businesses and startups could face fewer barriers, fostering innovation, though repeals might weaken protections (e.g., in health or environment).
- International Relations: Aims to enhance U.S. competitiveness against global rivals by easing energy dependence and mining restrictions, potentially strengthening trade positions but risking tensions if repeals affect international agreements (e.g., on critical minerals or climate).
Main Stakeholders Affected
- Private Sector: Businesses, especially small ones, entrepreneurs, manufacturers, energy producers, miners, and investors—gaining from reduced burdens but possibly facing uneven changes across industries.
- Federal Agencies: Regulators (e.g., EPA for environment, DOE for energy) must cooperate and adapt to potential repeals.
- Congress: Gains tools for quick action on deregulation, with bipartisan input required in appointments.
- Public and Interest Groups: Citizens, advocacy organizations (e.g., environmental, labor), and experts can submit input, influencing outcomes through outreach.
- Government Oversight Bodies: OMB, OIRA, and GAO play central roles in leadership and consultation.
Notable Legal, Constitutional, or Political Implications
- Legal: Creates enforceable recommendations for regulatory reform without new agency powers, but the fast-track process could lead to challenges if seen as delegating executive rulemaking to Congress, potentially conflicting with separation of powers (under Article I and II of the Constitution, which divide legislative and executive roles).
- Constitutional: Affirms Congress's rulemaking authority over its procedures (protected under Article I), but the expedited repeals might raise questions about due process for affected parties or executive veto rights.
- Political: Promotes bipartisanship via balanced appointments and public input, but the deregulation focus could polarize debates (e.g., pro-business vs. pro-regulation views). As a Senate-introduced bill (by Sen. Lee, R-UT), it signals Republican priorities for the 119th Congress, potentially influencing broader reform efforts without authorizing new spending.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-03-12: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 2025-03-12: Introduced in Senate
Bill Versions
- Locating the Inefficiencies of Bureaucratic Edicts to Reform And Transform the Economy Act — issued 2025-03-12 — PDF (14 pages)