[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6107 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 6107
To amend title 5, United States Code, to require disclosure of
conflicts of interest with respect to rulemaking, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 1, 2021
Ms. Jayapal (for herself and Mr. Cicilline) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committee on Oversight and Reform, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to require disclosure of
conflicts of interest with respect to rulemaking, and for other
purposes.
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 ``Stop Corporate Capture Act''.
SEC. 2. DISCLOSURE OF CONFLICTS OF INTEREST.
(a) In General.--Section 553 of title 5, United States Code, is
amended--
(1) in subsection (c)--
(A) by inserting after ``(c)'' the following:
``Notice Requirement.--'';
(B) by striking ``After notice required'' and
inserting the following:
``(1) In general.--After notice required''; and
(C) by adding at the end the following:
``(2) Submissions including scientific, economic, or
technical materials.--In the case of any submission by an
interested person that includes a scientific, economic, or
technical study, or the nonpublic results of any scientific
research, the interested person shall disclose to the agency,
the following:
``(A) What funds were received by the person who
conducted the study or research.
``(B) The entity that provided the funds referred
to in subparagraph (A).
``(C) Any entity that was allowed to review or
revise the study or research, and the extent of that
review or revision.
``(D) Any financial relationship between the person
who conducted the study or research, and any party that
would be affected by the proposed rule.'';
(2) in subsection (c), in the first sentence, by inserting
``, subject to subsections (f) and (h),'' after ``the agency
shall''; and
(3) by adding at the end the following:
``(f) With respect to any submission by an interested person under
subsection (c) or any other submission by an interested person relating
to a proposed rule or final rule that incorporates or includes a
scientific, economic, or technical study, or any other result of
scientific research not published in a publicly available peer-reviewed
publication, the interested person, in making that submission, shall
disclose--
``(1) the source of the funding for that study or research,
as applicable;
``(2) any entity that sponsored the study or research;
``(3) the extent to which the findings of the study or
research were reviewed by a party that may be affected by the
rulemaking to which the submission relates;
``(4) the identity of any party identified under paragraph
(3); and
``(5) the nature of any financial relationship, including a
consulting agreement, the support of any expert witness, and
the funding of research, between any person that conducted the
study or research and any interested person with respect to the
rulemaking to which the submission relates.''.
(b) Application.--Section 553(f) of title 5, United States Code, as
amended by subsection (a), shall apply with respect to submissions made
by interested persons on and after the date of enactment of this Act.
SEC. 3. INCREASING DISCLOSURES RELATING TO STUDIES AND RESEARCH.
(a) In General.--Section 553 of title 5, United States Code, as
amended by section 1 of this Act, is amended by adding at the end the
following:
``(g) With respect to a study or research that is submitted by an
interested person to an agency under subsection (c), the agency shall
ensure that the study or research is available to the public, unless
disclosure is prohibited under section 552 of this title.
``(h)(1) If a study or research submitted by an interested person
to an agency under subsection (c) presents a conflict described in
paragraph (2), the agency shall disclose the conflict to the public by
publication in the Federal Register and on the agency website, unless
disclosure is prohibited under section 552 this title.
``(2) A conflict described in this paragraph means a study or
research for which--
``(A) not less than 10 percent of the funding for the study
or research is from an entity that is regulated by the agency;
or
``(B) an entity that is regulated by the agency exercises
editorial control over the study or research.
``(i) With respect to a rulemaking under this section, an agency
shall include in the notice of proposed rulemaking required under
subsection (b) and in the final rule published under subsection (d) a
description of how the agency considered scientific evidence, including
any study or research.''.
(b) Application.--Subsections (g), (h), and (i) of section 553 of
title 5, United States Code, as added by subsection (a), shall apply
with respect to submissions made by interested persons on and after the
date of enactment of this Act.
SEC. 4. DISCLOSURE OF INTER-GOVERNMENTAL RULE CHANGES.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Office;
(2) the terms ``agency'', ``regulatory action'', have the
meanings given those terms in section 3 of the Executive Order;
(3) the term ``Executive Order'' means Executive Order
12866 (5 U.S.C. 601 note; relating to regulatory planning and
review); and
(4) the term ``Office'' means the Office of Information and
Regulatory Affairs.
(b) Requirement.--With respect to any regulatory action that an
agency provides to the Office under section 6(a)(3) of the Executive
Order, the agency shall--
(1) not later than the date on which the agency publishes
the general notice of proposed rulemaking required under
section 553(b) of title 5, United States Code, with respect to
the action, place in the rulemaking docket--
(A) the substance of any changes between the text
of the draft regulatory action that the agency provided
to the Office under section 6(a)(3)(B)(i) of the
Executive Order and the text published in that general
notice with respect to the action; and
(B) a statement regarding whether any change
described in subparagraph (A) was made at the request
of--
(i) the Office;
(ii) another agency; or
(iii) a Member of Congress; and
(2) not later than the date on which the agency publishes
the regulatory action in the Federal Register, place in the
rulemaking docket--
(A) the substance of any changes between the text
of the regulatory action that the agency provided to
the Office under section 6(a)(3)(B)(i) of the Executive
Order and the text of the regulatory action that the
agency published in the Federal Register; and
(B) a statement regarding whether any change
described in subparagraph (A) was made at the request
of--
(i) the Office;
(ii) another agency; or
(iii) a Member of Congress.
SEC. 5. JUSTIFICATION OF WITHDRAWN RULES.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Office;
(2) the terms ``agency'' and ``regulatory action'' have the
meanings given those terms in section 3 of the Executive Order;
(3) the term ``Executive Order'' means Executive Order
12866 (5 U.S.C. 601 note; relating to regulatory planning and
review); and
(4) the term ``Office'' means the Office of Information and
Regulatory Affairs.
(b) Requirement.--
(1) In general.--If an agency withdraws a regulatory action
after providing the action to the Office under section 6(a)(3)
of the Executive Order (or, if the agency does not provide the
regulatory action to the Office under that section, after
publishing the general notice of proposed rulemaking with
respect to the action under section 553(b) of title 5, United
States Code), the agency shall publish in the Federal Register
and on the website of the agency a statement regarding the
decision by the agency to withdraw the action.
(2) Contents.--A statement required under paragraph (1)
with respect to a decision by an agency to withdraw a
regulatory action shall include, at a minimum--
(A) a detailed explanation of the reasons that the
agency withdrew the action; and
(B) an explanation regarding whether the decision
by the agency to withdraw the action was based, in
whole or in part, on a request by, or input from--
(i) the Office;
(ii) another agency;
(iii) a Member of Congress;
(iv) a State, local, or tribal government;
or
(v) an organization, a corporation, a
member of the public, or another interested
party.
SEC. 6. NEGOTIATED RULEMAKING.
(a) In General.--Subchapter III of chapter 5 of title 5, United
States Code, is amended--
(1) in section 561, in the first sentence, by inserting
``between agencies and Federal, State, local, or tribal
governments. This subchapter shall apply only to information
negotiations between Federal, State, local, or tribal
governments'' after ``informal rulemaking process'';
(2) in section 563--
(A) in subsection (a)--
(i) in paragraph (2), by inserting
``Federal, State, local, or tribal government''
after ``identifiable''; and
(ii) in paragraph (3), by striking
``persons who'' and inserting ``representatives
of Federal, State, local, and tribal
governments that''; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A)--
(aa) by striking ``persons
who'' and inserting ``Federal,
State, local, or tribal
governments that''; and
(bb) by striking ``,
including residents of rural
areas''; and
(II) in subparagraph (B)--
(aa) by striking ``with
such persons'' and inserting
``with representatives of those
governments''; and
(bb) by striking ``to such
persons'' and inserting ``to
those governments''; and
(ii) in paragraph (2), in the second
sentence--
(I) by striking ``persons who'' and
inserting ``representatives of Federal,
State, local, or tribal governments
that''; and
(II) by striking ``, including
residents of rural areas'';
(3) in section 564--
(A) in the section heading, by striking ``;
applications for membership on committees'';
(B) in subsection (a)--
(i) in paragraph (4), by striking ``the
persons'' and inserting ``the representatives
of Federal, State, local, and tribal
governments'';
(ii) in paragraph (6), by adding ``and'' at
the end;
(iii) in paragraph (7), by striking ``;
and'' and inserting a period; and
(iv) by striking paragraph (8);
(C) by striking subsection (b);
(D) by redesignating subsection (c) as subsection
(b); and
(E) in subsection (b), as so redesignated--
(i) in the subsection heading, by striking
``and Applications''; and
(ii) by striking ``and applications'';
(4) in section 565(a)--
(A) in paragraph (1), in the first sentence, by
striking ``and applications''; and
(B) in paragraph (2)--
(i) by striking ``and applications''; and
(ii) by striking ``publications,'' and all
that follows through the period at the end and
inserting ``publications.''; and
(5) in section 569(a), in the first sentence--
(A) by striking ``and encourage agency use of'';
and
(B) by inserting ``between Federal, State, local,
and tribal governments'' after ``negotiated
rulemaking''.
(b) Technical and Conforming Amendments.--
(1) Balanced budget act of 1997.--Section 4554(b)(1) of the
Balanced Budget Act of 1997 (42 U.S.C. 1395u note) is amended
by striking ``, using a negotiated rulemaking process under
subchapter III of chapter 5 of title 5, United States Code''.
(2) Elementary and secondary education act of 1965.--The
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended--
(A) in section 1601 (20 U.S.C. 6571)--
(i) in subsection (a), by striking
``subsections (b) through (d)'' and insert
``subsection (b)'';
(ii) by striking subsections (b) and (c);
and
(iii) by redesignating subsections (d) and
(e) as subsections (b) and (c), respectively;
(B) by repealing section 1602 (20 U.S.C. 6572); and
(C) in section 8204(c)(1) (20 U.S.C. 7824(c)(1)),
by striking ``using a negotiated rulemaking process to
develop regulations for implementation no later than
the 2017-2018 academic year, shall define'' and
inserting ``shall, for implementation no later than the
2017-2018 academic year, define''.
(3) Health insurance portability and accountability act of
1996.--Section 216(b) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320a-7b note) is
amended--
(A) in the subsection heading, by striking
``Negotiated'';
(B) by striking ``(1) Establishment.--Chapter 5 of
title 5, United States Code, standards'' and inserting
the following:
``(1) In general.--The Secretary of Health and Human
Services (in this subsection referred to as the `Secretary')
shall establish standards'';
(C) by striking paragraphs (2) through (9);
(D) by redesignating subparagraph (B) of paragraph
(1) as paragraph (2) and adjusting the margins
accordingly; and
(E) in paragraph (2), as so redesignated, by
striking ``subparagraph (A)'' and inserting ``paragraph
(1)''.
(4) Higher education act of 1965.--The Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.) is amended--
(A) in section 207 (20 U.S.C. 1022f)--
(i) by striking subsection (c); and
(ii) by redesignating subsection (d) as
subsection (c);
(B) in section 422(g)(1) (20 U.S.C. 1072(g)(1))--
(i) in subparagraph (B), by adding ``and''
at the end;
(ii) in subparagraph (C), by striking ``;
and'' and inserting a period; and
(iii) by striking subparagraph (D);
(C) in section 487A(b)(3)(B) (20 U.S.C.
1094a(b)(3)(B)), by striking ``in the negotiated
rulemaking process'';
(D) in section 491(l)(4)(A) (20 U.S.C.
1098(l)(4)(A)), by striking ``, not later than two
years after the completion of the negotiated rulemaking
process required under section 492 resulting from the
amendments to this Act made by the Higher Education
Opportunity Act,''; and
(E) in section 492 (20 U.S.C. 1098a)--
(i) in the section heading, by striking
``negotiated''; and
(ii) by amending subsection (b) to read as
follows:
``(b) Issuance of Regulations.--After obtaining the advice and
recommendations described in subsection (a)(1), the Secretary shall
issue final regulations within the 360-day period described in section
437(e) of the General Education Provisions Act (12 U.S.C. 1232(e)).''.
(5) Housing act of 1949.--Section 515(r)(3) of the Housing
Act of 1949 (42 U.S.C. 1485) is amended by striking ``in
accordance with'' and all that follows through the period at
the end and inserting ``under the rulemaking authority
contained in section 553 of title 5, United States Code.''.
(6) Magnuson-stevens fishery conservation and management
act.--Section 305(g) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1855(g)) is
amended--
(A) by striking paragraphs (2) and (3);
(B) in paragraph (1)--
(i) by striking ``(A)''; and
(ii) by redesignating subparagraph (B) as
paragraph (2) and adjusting the margins
accordingly; and
(C) in paragraph (2), as so redesignated, by
striking the second sentence.
(7) Mandatory price reporting act of 2010.--Section 2(b) of
the Mandatory Price Reporting Act of 2010 (Public Law 111-239;
124 Stat. 2501) is amended--
(A) by striking ``Wholesale Pork Cuts'' and all
that follows through ``chapter 3'' and inserting
``Wholesale Pork Cuts.--Chapter 3''; and
(B) by striking paragraphs (2), (3), and (4) (7
U.S.C. 1635k note).
(8) Patient protection and affordable care act.--Section
5602 of the Patient Protection and Affordable Care Act (42
U.S.C. 254b note) is amended--
(A) in the section heading, by striking
``negotiated'';
(B) by striking subsections (b) through (h);
(C) in subsection (a)--
(i) by redesignating paragraph (2) as
subsection (b) and adjusting the margins
accordingly; and
(ii) in paragraph (1)--
(I) by striking ``(1) In general.--
''; and
(II) by redesignating subparagraphs
(A) and (B) as paragraphs (1) and (2),
respectively; and
(D) in subsection (b), as so redesignated, by
striking ``paragraph (1)'' and inserting ``subsection
(a)''.
(9) Price-anderson amendments act of 1988.--The Price-
Anderson Amendments Act of 1988 (Public Law 100-408; 102 Stat.
1066) is amended--
(A) by striking subsection (b); and
(B) in subsection (a)--
(i) by striking ``(1) Purpose.--''; and
(ii) by redesignating paragraph (2) as
subsection (b) and adjusting the margins
accordingly.
(10) Social security act.--Title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) is amended--
(A) in section 1834(l)(1) (U.S.C. 1395m(l)(1)), by
striking ``through a negotiated rulemaking process
described in title 5, United States Code, and''; and
(B) in section 1856(a) (42 U.S.C. 1395w-26(a));
(i) by striking paragraphs (2) through (9);
(ii) in paragraph (1)--
(I) by striking ``(A) In general.--
'';
(II) by striking ``and using a
negotiated rulemaking process under
subchapter III of chapter 5 of title
5''; and
(III) by redesignating subparagraph
(B) as paragraph (2) and adjusting the
margins accordingly; and
(iii) in paragraph (2), as so redesignated,
by striking ``subparagraph (A)'' and inserting
``paragraph (1)''.
(11) Title 5.--The table of sections for subchapter III of
chapter 5 of title 5, United States Code, is amended by
striking the item relating to section 564 and inserting the
following:
``564. Publication of notice''.
(12) Title 49.--Section 31136(g)(1) of title 49, United
States Code, is amended--
(A) by striking ``shall--'' and all that follows
through ``issue'' and inserting ``shall issue'';
(B) by striking ``; or'' and inserting a period;
and
(C) by striking subparagraph (B).
(13) Toxic substances control act.--Section 8(a) of the
Toxic Substances Control Act (15 U.S.C. 2607(a)) is amended by
striking paragraph (6).
(14) United states housing act of 1937.--Section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437g) is amended
by repealing subsection (f).
SEC. 7. STREAMLINING OIRA REVIEW.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Office;
(2) the terms ``agency'', ``regulatory action'', and
``significant regulatory action'' have the meanings given those
terms in section 3 of the Executive Order;
(3) the term ``Executive Order'' means Executive Order
12866 (5 U.S.C. 601 note; relating to regulatory planning and
review); and
(4) the term ``Office'' means the Office of Information and
Regulatory Affairs.
(b) Prohibitions.--With respect to a regulatory action of an agency
that may be subject to review by the Office under section 6(b) of the
Executive Order, the Office may not engage in communications or
meetings with the agency before the date on which the agency submits
the regulatory action to the Office under section 6(a)(3) of the
Executive Order.
(c) Time Period for OIRA Review.--
(1) In general.--Except as provided in paragraph (2), the
Office shall complete a review of a significant regulatory
action under section 6(b) of the Executive Order not more than
45 days after the date on which the Office receives the
significant regulatory action under section 6(a)(3) of the
Executive Order.
(2) Extension.--The Office may extend the 45-day period
described in paragraph (1) by a single 45-day period if the
Office provides the agency with, and makes publicly available,
a written justification for the extension.
(3) Publication of regulatory action.--If the Office waives
review of a significant regulatory action of an agency under
section 6(b)(2) of the Executive Order without a request for
further consideration or does not notify the agency in writing
of the results of the review under section 6(b) of the
Executive Order within the time frame described in paragraph
(1) or (2), the agency may publish the significant regulatory
action in the Federal Register.
SEC. 8. PENALIZING PUBLIC COMPANIES THAT SUBMIT FALSE INFORMATION TO
AGENCIES.
Section 553 of title 5, United States Code, as amended by section 3
of this Act, is amended by adding at the end the following:
``(j) Any entity required to file an annual report under section 13
of the Securities Exchange Act of 1934 (15 U.S.C. 78m) that uses any
false writing or document knowing the same to contain any materially
false, fictitious, or fraudulent statement or entry with respect to a
rulemaking under this section shall be fined a minimum of $250,000 for
their first violation; fines shall double per violation for each
subsequent violation.
``(k) Any entity required to file an annual report pursuant to
section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m),
shall include in a submission under subsection (c)(2) the annual report
filed in the year previous to such submission.''.
SEC. 9. ESTABLISHMENT OF THE OFFICE OF THE PUBLIC ADVOCATE.
Section 401 of the Ethics in Government Act of 1978 (5 U.S.C. App.)
is amended by adding at the end the following:
``(d)(1)(A) There is established in the Office of Government Ethics
an office to be known as the `Office of the Public Advocate'.
``(B) The Office of the Public Advocate shall be under the
supervision of an official to be known as the `National Public
Advocate', who shall--
``(i) be appointed by the President, by and with the advice
and consent of the Senate;
``(ii) report to the Director of the Office of Government
Ethics;
``(iii) be entitled to compensation at the same rate as the
highest rate of basic pay established for the Senior Executive
Service under section 5382 of title 5, United States Code;
``(iv) have a background in customer service, consumer
protection, and administrative law;
``(v) have experience representing the public in cases
involving rules (as defined in section 551 of title 5, United
States Code);
``(vi) not have worked as an officer or employee in any
Federal agency during the 2-year period preceding appointment
under this subparagraph; and
``(vii) agree not to accept an offer of employment with a
Federal agency for not less than 5 years after ceasing to serve
as the National Public Advocate.
``(2) The duties of the Office of the Public Advocate shall
include--
``(A) assisting individuals in resolving conflicts with
agencies;
``(B) assisting agencies in soliciting public participation
in the rulemaking process;
``(C) assisting individuals in participating in the
rulemaking process;
``(D) identifying areas in which the public has problems in
dealing with agencies and proposing changes to mitigate those
problems;
``(E) conducting research on social equity impacts of the
rulemaking process;
``(F) developing and coordinating social equity definitions
across the executive branch;
``(G) performing a social equity assessment for rules when
requested by the public through comments submitted through the
process described in section 553 of title 5, United States
Code; and
``(H) facilitating means by which individuals and
populations that have not traditionally been invited into the
rulemaking process may be better included in the rulemaking
process, including by recommending and implementing new
outreach plans, partnering with community-based organizations
to propagate information about rules changes, and ensuring
rules change information is written in clear, accessible
language that is accessible in multiple languages.
``(3) Not later than 180 days after the date on which the National
Public Advocate is appointed under this subsection or 180 days after
the date of enactment of this subsection, whichever is later, the
National Public Advocate shall propose regulations to carry out this
subsection.''.
SEC. 10. ACTIONS BY PRIVATE PERSONS.
(a) Definitions.--In this section, the terms ``agency'' and
``rule'' have the meanings given those terms in section 551 of title 5,
United States Code.
(b) Actions.--
(1) In general.--A person may bring a civil action for the
person and for the United States Government, in the name of the
Government, against any person, including the United States
Government and any other governmental instrumentality or agency
to the extent permitted by the Eleventh Amendment to the
Constitution of the United States, for--
(A) a violation of a final rule issued by an
agency; or
(B) the failure of the head of an agency to comply
with any requirement under this Act; or
(C) a violation of Section 8 of this Act.
(2) Notice.--A copy of the complaint and written disclosure
of substantially all material evidence and information the
person possesses shall be served on the Government pursuant to
rule 4(d)(4) of the Federal Rules of Civil Procedure. The
Government may elect to intervene and proceed with the action
within 60 days after it receives both the complaint and the
material evidence and information.
(3) Party conducting the action.--Before the expiration of
the 60-day period under paragraph (2), the Government shall--
(A) proceed with the action, in which case the
action shall be conducted by the Government; or
(B) notify the court that it declines to proceed
with the action, in which case the person bringing the
action shall have the right to conduct the action.
(4) Award to plaintiff.--
(A) Government proceeds with action.--If the
Government proceeds with an action brought by a person
under this subsection, the person shall receive at
least 15 percent but not more than 25 percent of the
proceeds of the action or settlement of the claim,
depending upon the extent to which the person
substantially contributed to the prosecution of the
action. Any payment to a person under this subparagraph
shall be made from the proceeds. The person may also
receive an amount for reasonable expenses that the
court finds to have been necessarily incurred, plus
reasonable attorney's fees and costs. The expenses,
fees, and costs may be awarded against the defendant.
(B) Government does not proceed with action.--If
the Government does not proceed with an action under
this subsection, the person bringing the action or
settling the claim shall receive an amount which the
court decides is reasonable for collecting the civil
penalty and damages. The amount may not be less than 25
percent and not more than 30 percent of the proceeds of
the action or settlement and shall be paid out of the
proceeds. The person shall also receive an amount for
reasonable expenses that the court finds to have been
necessarily incurred, plus reasonable attorney's fees
and costs. The expenses, fees, and costs may be awarded
against the defendant.
SEC. 11. SCOPE OF REVIEW.
Section 706 of title 5, United States Code, is amended--
(1) in the first sentence of the matter preceding paragraph
(1)--
(A) by striking ``agency action.'' and inserting
``agency action. If a statute that an agency
administers is silent or ambiguous, and an agency has
followed the procedures in section 553 or 554 of this
title, as applicable, a reviewing court shall defer to
the agency's reasonable or permissible interpretation
of that statute.''; and
(B) by striking ``To the extent necessary'' and
inserting:
``(a) In General.--To the extent necessary''; and
(2) by adding at the end the following:
``(b) Unreasonable Delay.--For purposes of subsection (a)(1),
unreasonable delay shall include--
``(1) when an agency has not issued a notice of proposed
rulemaking before the date that is 1 year of the date of
enactment of the legislation mandating the rulemaking, where no
deadline for the rulemaking was specified in the enacted law;
``(2) when an agency has not issued a final version of a
proposed rule before the date that is 1 year of the date on
which the proposed rule was published in the Federal Register;
and
``(3) when an agency has not implemented a final rule
before the date that is 1 year of the implementation date
published in the Federal Register or, if no implementation date
was provided, before the date that is 1 year of the date on
which the final rule was published in the Federal Register.''.
SEC. 12. EXPANDING RULEMAKING NOTIFICATIONS.
Section 553 of title 5, United States Code, as amended by section 8
of this Act, is amended by adding at the end the following:
``(l)(1) Not later than 2 business days after the date on which an
agency publishes a notice of proposed rulemaking or a final rule under
this section, the agency shall notify interested parties of the
publication.
``(2) The Director of the Government Publishing Office shall
establish a process under which an agency shall notify interested
parties under paragraph (1) through email or postal mail.''.
SEC. 13. PUBLIC PETITIONS.
Section 553(e) of title 5, United States Code, is amended--
(1) by inserting ``(1)'' before ``Each agency''; and
(2) by adding at the end the following:
``(2) If, during a 60-day period, an agency receives more
than 100,000 signatures on a single petition under paragraph
(1), the agency shall, not later than 30 days after the date on
which the agency receives the petition, provide a written
response that includes--
``(A) an explanation of whether the agency has
engaged or is engaging in the requested issuance,
amendment, or repeal of a rule; and
``(B) if the agency has not engaged in the
requested issuance, amendment, or repeal of a rule, a
written explanation for not engaging in the requested
issuance, amendment, or repeal.''.
SEC. 14. AMENDMENT TO CONGRESSIONAL REVIEW ACT.
Section 801(b) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking ``(1)''; and
(2) by striking paragraph (2).
SEC. 15. REINSTATEMENT OF DISAPPROVED RULES.
(a) Definitions.--In this section--
(1) the term ``covered rule'' means a rule for which a
joint resolution of disapproval was enacted under chapter 8 of
title 5, United States Code, before the date of enactment of
this Act; and
(2) the term ``Federal agency'' has the meaning given the
term ``agency'' in section 551(1) of title 5, United States
Code.
(b) Fast Track Reinstatement.--A Federal agency may reinstate a
covered rule by publishing the covered rule in the Federal Register
during the 1-year period beginning on the date of enactment of this
Act.
(c) Reinstatement After 1-Year Period.--After the end of the 1-year
period beginning on the date of enactment of this Act, a Federal agency
may reinstate a covered rule using the rulemaking procedures described
in section 553 of title 5, United States Code.
SEC. 16. COST-BENEFIT ANALYSIS.
(a) Definitions.--In this section, the terms ``agency'' and
``regulation'' have the meanings given those terms in section 3 of
Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory
planning and review).
(b) Requirement.--If an agency is performing a cost-benefit or
regulatory impact analysis in the course of issuing a regulation, the
agency shall--
(1) take into account the benefits of the regulation to the
public, including the nonquantifiable benefits of the
regulation; and
(2) adopt a regulation that prioritizes benefits to the
public, including nonquantifiable benefits.
SEC. 17. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) agency economic analyses of regulatory actions commonly
underestimate the benefits of regulatory actions that protect
public health and safety and overestimate the costs of
regulatory action to industry; and
(2) an agency should primarily consider the statutory
direction of Congress when taking regulatory action.
SEC. 18. DEFINITIONS.
In this Act:
(1) Social equity impacts.--The term ``social equity
impacts'' shall mean any impacts of a proposed regulation,
whether intended or unintended, that might reasonably be
expected to disproportionately affect a group or population of
persons who share a common characteristic that is part of a
protected class or set of protected classes, based on the
regulation's plain language, stated intention, and based on
credible statistical projections and data on the impacts of
similar regulations, laws and policies.
(2) Social equity assessment.--The term ``social equity
assessment'' shall mean a written and publicly available report
that shall specifically consider any social equity impacts,
positive or negative, that the proposed policy might have on a
group or population of persons who share a common
characteristic that renders them part of a protected class,
where that group or population was previously subjected to
discriminatory or exclusionary practices by the agency
promulgating the regulation or where credible demographic
evidence demonstrates significant disparities experienced by
different populations within a protected class.
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