DRAIN the Swamp Act of 2017

To amend chapter 5 1. Short title This Act may be cited as the Determining if Regulatory Actions are in the Interest of the Nation or the Swamp Act of 2017 DRAIN the Swamp Act of 2017 2. Requiring Greater Transparency for Regulatory Conflicts of Interest (a) In general Chapter 5 6A Publication of Information Relating to Regulatory Conflicts of Interest 651. Agency Submission to Comptroller General. 652. Definitions. 651. Agency Submission to Comptroller General (a) Regulatory Conflicts of Interest The head of each agency shall submit to the Comptroller General of the United States in such a manner as the Comptroller General may reasonably require, for each major rule that the agency proposes or finalizes, an assessment and quantification of any regulatory conflict of interest pertaining to that major rule. (b) Exception Nothing in this chapter shall apply to rules which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. (c) Major rules Before a major rule may take effect, the Federal agency promulgating such rule shall submit to the Comptroller General and publish in the Federal Register a report pursuant to subsection (a). 652. Definitions In this chapter: (1) Agency; rule; rule making The terms agency rule rule making (2) Major rule The term major rule (3) Regulatory conflict of interest The term regulatory conflict of interest (4) Covered person The term covered person . (b) Clerical amendment The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 5, the following: 6. The Analysis of Regulatory Functions 601 6A. Publication of Information Relating to Regulatory Conflicts of Interest 651 . 3. ACUS study and report on regulatory capture (a) In general The Administrative Conference of the United States shall conduct a study on— (1) compliance by Federal agencies with this Act and the amendments made by this Act; and (2) effective measures to minimize regulatory capture. (b) Report Not later than 1 year after the date of the enactment of this Act, the Administrative Conference of the United States shall submit a report to Congress that contains the findings of the study conducted under subsection (a). 4. Judicial Review (a) Agency statements on Regulatory Conflicts of Interest (1) In general Compliance or noncompliance by any agency with the provisions of this section shall be subject to judicial review only in accordance with this section. (2) Limited review of agency compliance or noncompliance (A) In general Agency compliance or noncompliance with the provisions of this section shall be subject to judicial review only under section 706(1) of title 5, and only as provided under subparagraph (B). (B) Failure to prepare written statement If an agency fails to prepare the written statement (including the preparation of the estimates, analyses, statements, or descriptions) under this section, a court may compel the agency to prepare such written statement. (3) Review of agency rules In any judicial review under any other Federal law of an agency rule for which a written statement is required under this section, the inadequacy or failure to prepare such statement shall not be used as a basis for staying, enjoining, invalidating or otherwise affecting such agency rule. (4) Certain information as part of record Any information generated under this section that is part of the rule making record for judicial review under the provisions of any other Federal law may be considered as part of the record for judicial review conducted under such other provisions of Federal law. (5) Application of other Federal law For any petition under paragraph (2) the provisions of such other Federal law shall control all other matters, such as exhaustion of administrative remedies, the time for and manner of seeking review and venue, except that if such other Federal law does not provide a limitation on the time for filing a petition for judicial review that is less than 1 year, such limitation shall be 1 year after a final rule is promulgated by the appropriate agency. (b) Judicial review and rule of construction Except as provided in subsection (a)— (1) any information submitted under this section shall not be subject to judicial review; and (2) no provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any person in any administrative or judicial action. 5. Definitions Terms used in this Act have the meaning given such terms in section 652 of title 5, United States Code. 6. Effective date This Act shall take effect beginning on the date of enactment shall apply only to any agency rule for which a general notice of proposed rule making is made on or after such date.

Summary: Determining if Regulatory Actions are in the Interest of the Nation or the Swamp Act of 2017 or the DRAIN the Swamp Act of 2017 This bill requires each agency to submit to the Government Accountability Office (GAO), for each major rule that the agency proposes or finalizes, an assessment and quantification of any regulatory conflict of interest (i.e., providing a substantial pecuniary benefit to the President and certain advisors) pertaining to that major rule. Before a major rule may take effect, the agency must submit to the GAO and publish in the Federal Register the assessment and quantification. This bill does not apply to rules if an agency finds that notice and public procedure for the rule are impracticable, unnecessary, or contrary to the public interest.