No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3770 Introduced in House (IH)]
<DOC>
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))''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line