I 
117TH CONGRESS 
2D SESSION 
H. R. 9390 
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, 2022 
Ms. JAYAPAL (for herself, Mr. CICILLINE, Mr. GARCI´A of Illinois, Mr. JOHN-
SON of Georgia, Mr. JONES, Ms. LEE of California, Ms. OCASIO-CORTEZ, 
Ms. PORTER, Ms. SCANLON, and Mr. TAKANO) introduced the following 
bill; which was referred to the Committee on the Judiciary, and in addi-
tion to the Committee on Oversight and Reform, for a period to be subse-
quently 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop Corporate Cap-
ture Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Congress is dependent on providing discre-
tion to executive officials and agencies (including 
independent agencies) to implement its statutes. 
Congress provides appropriate oversight of the use 
of this discretion. 
(2) Regulatory legislation is often phrased in 
broad terms, with an intelligible principle, to em-
power agencies to address issues, such as those pre-
sented by technological, scientific, or social develop-
ments that were not precisely foreseen when the leg-
islation was enacted; and to draw upon the agency’s 
specialized knowledge, experience, and responsibility 
for implementing the statute. 
(3) Such broad authorizing language is often 
necessary to empower the administering agency to 
take effective action when new or unforeseen issues 
arise, provided that the rule does not exceed clear 
limits in statute nor implement it in an impermis-
sible manner. 
(4) A rule that an agency has adopted to imple-
ment a broadly worded regulatory statute should 
generally not be held to be invalid on the basis that 
Congress has not addressed the agency’s proposed 
course of action in specific terms. 
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(5) A rule that an agency has adopted to imple-
ment a regulatory statute should generally not be 
held to be invalid on the basis that the agency has 
not previously adopted a similar rule or scheme of 
regulation. 
(6) The expectation that a rule will have broad 
economic, political, or social signficance, should not, 
standing alone, negate application of the principle 
stated in paragraph (1), (2), or (3). 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) agency economic analyses of regulatory ac-
tions commonly underestimate the benefits of regu-
latory actions that protect public health and safety 
and overestimate the costs of regulatory action to in-
dustry; 
(2) agency regulatory actions often fail to ade-
quately consider the distributional effects and social 
equity impact of regulatory action; and 
(3) an agency shall prioritize the statutory di-
rection of Congress when taking regulatory action. 
SEC. 4. DISCLOSURE OF CONFLICTS OF INTEREST. 
Section 553 of title 5, United States Code, is amend-
ed— 
(1) in subsection (c)— 
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(A) by striking ‘‘After notice required’’ and 
inserting the following: 
‘‘(1) After notice required’’; and 
(B) by adding at the end the following: 
‘‘(2) In the case of any submission under para-
graph (1) by an interested person that includes a 
scientific, economic, or technical study or research 
(or a citation thereto) that the interested person 
funded directly or indirectly, or the nonpublic results 
of any scientific, economic, or technical study or re-
search that the interested person funded directly or 
indirectly, the interested person shall disclose to the 
agency, the following: 
‘‘(A) The amount of any funds that 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 re-
search, and any person that would be affected 
by the proposed rule.’’; 
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(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 includes a scientific, economic, or technical study 
or research by the interested person not published in a 
publicly available peer-reviewed publication, or any result 
of a scientific, economic, or technical study or research 
by the interested person not published in a publicly avail-
able peer-reviewed publication, the interested person, in 
making that submission, shall disclose to the agency— 
‘‘(1) the source of any funding for the study or 
research, as applicable; 
‘‘(2) any entity that sponsored the study or re-
search; 
‘‘(3) the extent to which the findings of the 
study or research were reviewed by a person that 
may be affected by the rulemaking to which the sub-
mission relates; 
‘‘(4) the identity of any person identified under 
paragraph (3); and 
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‘‘(5) the nature of any financial relationship, in-
cluding 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.’’. 
SEC. 5. INCREASING DISCLOSURES RELATING TO STUDIES 
AND RESEARCH. 
Section 553 of title 5, United States Code, as amend-
ed by section 4 of this Act, is amended by adding at the 
end the following: 
‘‘(g) With respect to a study or research that is sub-
mitted by an interested person to an agency under sub-
section (c), the agency shall ensure that the study or re-
search is available to the public (including on the Internet 
website of the agency and on the public docket of the agen-
cy for the rulemaking) unless disclosure is exempted or 
excluded under section 552. 
‘‘(h)(1) If a study or research submitted by an inter-
ested person to an agency under subsection (c) presents 
a conflict described in paragraph (2), the agency shall dis-
close the conflict to the public on the internet website of 
the agency and on the public docket of the agency, and 
by publication in the Federal Register, unless disclosure 
is exempted or excluded under section 552. 
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law) accorded to agency action by a court reviewing such 
action.’’. 
SEC. 6. DISCLOSURE OF INTER-GOVERNMENTAL RULE 
CHANGE. 
With respect to any material provided to the Office 
with regard to a regulatory action for purposes of central-
ized review of regulatory actions, the agency shall— 
(1) not later than the date on which the agency 
publishes a 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 change between 
the text of any draft regulatory action that the 
agency provided to the Office and the text pub-
lished in the general notice with respect to the 
action; and 
(B) a statement regarding whether any 
change described in subparagraph (A) was 
made as a result of communication with— 
(i) the Office; 
(ii) another agency; or 
(iii) any other Federal official; and 
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(2) not later than the date on which the agency 
publishes the regulatory action in the Federal Reg-
ister, 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 and the text of the regu-
latory action that the agency published in the 
Federal Register; and 
(B) a statement regarding whether any 
change described in subparagraph (A) was 
made as a result of communication with— 
(i) the Office; 
(ii) another agency; or 
(iii) any other Federal official. 
SEC. 7. JUSTIFICATION OF WITHDRAWN RULES. 
(a) IN GENERAL.—If an agency withdraws a regu-
latory 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 pro-
posed rulemaking with respect to the action under section 
553(b) of title 5, United States Code), the agency shall 
publish in the Federal Register, on the public docket of 
the agency, and on the internet website of the agency a 
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statement regarding the decision by the agency to with-
draw the action. 
(b) CONTENTS.—A statement required under para-
graph (1) with respect to a decision by an agency to with-
draw a regulatory action shall include, at a minimum— 
(1) a detailed explanation of the reasons that 
the agency withdrew the action; and 
(2) an explanation regarding whether the deci-
sion by the agency to withdraw the action was 
based, in whole or in part, on a request by, or input 
from— 
(A) the Office; 
(B) another agency; or 
(C) any other Federal official. 
SEC. 8. 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 in-
serting ‘‘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 
rule making process’’; 
(2) in section 563— 
(A) in subsection (a)— 
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(i) in paragraph (2), by inserting 
‘‘Federal, State, local, or tribal govern-
ment’’ after ‘‘identifiable’’; and 
(ii) in paragraph (3), by striking 
‘‘persons who’’ and inserting ‘‘representa-
tives 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 govern-
ments that’’; and 
(bb) by striking ‘‘, including 
residents of rural areas’’; and 
(II) in subparagraph (B)— 
(aa) by striking ‘‘with such 
persons’’ and inserting ‘‘with rep-
resentatives 
of 
those 
govern-
ments’’; and 
(bb) by striking ‘‘to such 
persons’’ and inserting ‘‘to those 
governments’’; and 
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(ii) in paragraph (2), in the second 
sentence— 
(I) by striking ‘‘persons who’’ 
and inserting ‘‘representatives of Fed-
eral, State, local, or tribal govern-
ments that’’; and 
(II) by striking ‘‘, including resi-
dents 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 
person or persons’’ and inserting ‘‘the rep-
resentatives 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 sub-
section (b); and 
(E) in subsection (b), as so redesignated— 
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(i) in the subsection heading, by strik-
ing ‘‘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 
rule making’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) BALANCED BUDGET ACT OF 1997.—Section 
1856(b)(1) of the Balanced Budget Act of 1997 (42 
U.S.C. 1395w–26) is amended by striking ‘‘, using 
a negotiated rule making 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 Edu-
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cation 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 ‘‘sub-
sections (b) through (d)’’ and insert ‘‘sub-
section (b)’’; 
(ii) by striking subsections (b) and 
(c); and 
(iii) by redesignating subsections (d) 
and (e) as subsections (b) and (c), respec-
tively; 
(B) by repealing section 1602; and 
(C) in section 8204(c)(1), by striking 
‘‘using a negotiated rulemaking process to de-
velop regulations for implementation no later 
than the 2017–2018 academic year, shall de-
fine’’ and inserting ‘‘shall, for implementation 
no later than the 2017–2018 academic year, de-
fine’’. 
(3) HEALTH INSURANCE PORTABILITY AND AC-
COUNTABILITY 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 header, by striking ‘‘NEGO-
TIATED’’; 
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(B) by striking paragraphs (2) through 
(9); 
(C) by redesignating subparagraph (B) of 
paragraph (1) as paragraph (2) and adjusting 
the margins accordingly; 
(D) in paragraph (2), as so redesignated, 
by striking ‘‘subparagraph (A)’’ and inserting 
‘‘paragraph (1)’’; 
(E) in paragraph (1), by striking the para-
graph heading, and the heading of subpararaph 
(A); and 
(F) in paragraph (1), by striking ‘‘The 
Secretary of Health and Human Services (in 
this subsection referred to as the ’Secretary’) 
shall establish, on an expedited basis and using 
a negotiated rulemaking process under sub-
chapter 3 [III] of chapter 5 of title 5, United 
States Code, standards’’ and inserting the fol-
lowing: ‘‘(1) ESTABLISHMENT.—The Secretary 
of Health and Human Services (in this sub-
section referred to as the ‘Secretary’) shall es-
tablish standards’’. 
(4) HIGHER
EDUCATION
ACT
OF
1965.—The 
Higher Education Act of 1965 (20 U.S.C. 1001 et 
seq.) is amended— 
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(A) in section 207— 
(i) by striking subsection (c); and 
(ii) by redesignating subsection (d) as 
subsection (c); 
(B) in section 422(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), by striking 
‘‘as determined in the negotiated rulemaking 
process under section 492’’; 
(D) in section 491(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 amend-
ments to this Act made by the Higher Edu-
cation Opportunity Act,’’; and 
(E) in section 492— 
(i) in the section heading, by striking 
‘‘NEGOTIATED’’; and 
(ii) by amending subsection (b) to 
read as follows: 
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‘‘(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 Gen-
eral 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 in-
serting ‘‘under the rulemaking authority contained 
in section 553 of title 5, United States Code.’’. 
(6) MAGNUSON-STEVENS
FISHERY
CONSERVA-
TION
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 Report-
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ing 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). 
(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
GEN-
ERAL.—’’; and 
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(II) by redesignating subpara-
graphs (A) and (B) as paragraphs (1) 
and (2), respectively; and 
(D) in subsection (b), as so redesignated, 
by striking ‘‘paragraph (1)’’ and inserting ‘‘sub-
section (a)’’. 
(9) PRICE-ANDERSON
AMENDMENTS
ACT
OF 
1988.—Section 170 of the Atomic Energy Act of 
1954 (42 U.S.C. 2210) 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 
rule making process described in title 5, United 
States Code, and’’; and 
(B) in section 1856(a) (42 U.S.C. 1395w– 
26(a)); 
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(B) by striking ‘‘; or’’ and inserting a pe-
riod; and 
(C) by striking subparagraph (B). 
(13) TOXIC SUBSTANCES CONTROL ACT.—Sec-
tion 8(a) of the Toxic Substances Control Act (15 
U.S.C. 2607(a)) is amended by— 
(A) striking paragraph (6); and 
(B) redesignating paragraph (7) as para-
graph (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 striking sub-
section (f). 
SEC. 9. STREAMLINING OIRA REVIEW. 
(a) IN GENERAL.—Except as provided in paragraph 
(2), if the Office commences a review of a significant regu-
latory action, the Office shall complete such review not 
more than 60 days after the date on which the Office re-
ceives the significant regulatory action. 
(b) EXTENSION.—The Office may extend the 60-day 
period described in paragraph (1) by a single 60-day pe-
riod if the Office provides the agency with, and makes 
publicly available, a written justification for the extension. 
(c) PUBLICATION OF REGULATORY ACTION.—If the 
Office waives review of a significant regulatory action of 
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an agency without a request for further consideration or 
does not notify the agency in writing of the results of the 
review within the time frame described in paragraph (1) 
or (2), the agency may publish the significant regulatory 
action in the Federal Register. 
SEC. 10. PENALIZING PUBLIC COMPANIES THAT SUBMIT 
FALSE INFORMATION TO AGENCIES. 
Section 553 of title 5, United States Code, as amend-
ed by sections 3 and 4 of this Act, is amended by adding 
at the end the following: 
‘‘(j)(1) Any entity required to file an annual report 
under section 13 of the Securities Exchange Act of 1934 
(15 U.S.C. 78m) that makes a submission under sub-
section (c) knowing the same— 
‘‘(A) to include any materially false, fictitious, 
or fraudulent statement or representation; or 
‘‘(B) to omit any material fact resulting in any 
statement or representation being false or mis-
leading, 
shall be subject a civil penalty of not less than $250,000 
for a first violation. 
‘‘(2) Any entity that has a subsequent violation of 
paragraph (1) shall be subject to a civil penalty of not 
less than $1,000,000 for each subsequent violation. 
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‘‘(3) Any submission in violation of this subsection 
may be excluded from the record and from consideration 
by the agency or otherwise disregarded, such submission 
(or any amendment to such submission) may not be resub-
mitted thereafter. An exclusion or other disregard of a 
submission pursuant to this subsection shall not affect the 
level of deference (in accordance with applicable law) ac-
corded to agency action by a court reviewing such action. 
‘‘(k) Any entity required to file an annual report pur-
suant 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 and the quarterly report filed 
most recently prior to such submission.’’. 
SEC. 11. ESTABLISHMENT OF THE OFFICE OF THE PUBLIC 
ADVOCATE. 
Subchapter I of chapter 5 of title 5, United States 
Code, is amended as follows: 
(1) By adding at the end the following: 
‘‘§ 508. Office of the Public Advocate 
‘‘(a) ESTABLISHMENT.—There is established in the 
Office of Management and Budget an office to be known 
as the ‘Office of the Public Advocate’. 
‘‘(b) NATIONAL PUBLIC ADVOCATE.—The Office of 
the Public Advocate shall be under the supervision of an 
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official to be known as the ‘National Public Advocate’, who 
shall— 
‘‘(1) be appointed by the President, by and with 
the advice and consent of the Senate; 
‘‘(2) report to the President; 
‘‘(3) be entitled to compensation at the same 
rate as the highest rate of basic pay established for 
the Senior Executive Service under section 5382; 
‘‘(4) have a background in customer service, 
consumer protection, or administrative law; and 
‘‘(5) have experience working with the public in 
cases involving rules (as defined in section 551). 
‘‘(c) DUTIES.—The duties of the Office of the Public 
Advocate shall include— 
‘‘(1) assisting agencies in soliciting public par-
ticipation in the rulemaking process; 
‘‘(2) assisting individuals in participating in the 
rulemaking process; 
‘‘(3) working with agencies, Congress, and the 
public to identify problems and improve public par-
ticipation in the rulemaking process; 
‘‘(4) conducting and publishing research on so-
cial equity impacts of the rulemaking process; 
‘‘(5) developing and coordinating social equity 
definitions across the executive branch; 
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‘‘(6) when requested by the agency or by the 
public through comments submitted through the 
process described in section 553 of title 5, United 
States Code, performing, not later than 30 days 
after the receipt of such a request, a social equity 
assessment (as such term is defined in the Stop Cor-
porate Capture Act) for a proposed rule; and 
‘‘(7) facilitating means by which individuals and 
populations that have not historically participated in 
the rulemaking process may be better included in 
the rulemaking process, including by— 
‘‘(A) recommending and implementing new 
outreach plans; 
‘‘(B) partnering with State, local, and 
Tribal governments, and with community-based 
organizations to propagate information about 
rules changes; and 
‘‘(C) ensuring information about agency 
rulemaking and changes to rules are written in 
clear, accessible language that is accessible in 
multiple languages. 
‘‘(d) RULEMAKING.—Not later than 180 days after 
the date on which the National Public Advocate is ap-
pointed under this subsection or 180 days after the date 
of enactment of this subsection, whichever is later, the Na-
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