Title: DRAIN the Swamp Act of 2017
Policy area: Government Operations and Politics

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.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4014 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4014

    To amend chapter 5 of title 31, United States Code, to require 
    publication of information relating to regulatory conflicts of 
                   interest, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 11, 2017

Mr. Cicilline (for himself, Mr. Conyers, Mr. DeFazio, Mr. Grijalva, Mr. 
  Connolly, and Mr. Doggett) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend chapter 5 of title 31, United States Code, to require 
    publication of information relating to regulatory conflicts of 
                   interest, 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 ``Determining if Regulatory Actions 
are in the Interest of the Nation or the Swamp Act of 2017'' or as the 
``DRAIN the Swamp Act of 2017''.

SEC. 2. REQUIRING GREATER TRANSPARENCY FOR REGULATORY CONFLICTS OF 
              INTEREST.

    (a) In General.--Chapter 5 of title 5 is amended by inserting after 
chapter 6, the following new chapter:

    ``CHAPTER 6A--PUBLICATION OF INFORMATION RELATING TO REGULATORY 
                         CONFLICTS OF INTEREST

``651. Agency Submission to Comptroller General.
``652. Definitions.
``Sec. 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).
``Sec. 652. Definitions
    ``In this chapter:
            ``(1) Agency; rule; rule making.--The terms `agency', 
        `rule', and `rule making' have the meanings given those terms 
        in section 551 of title 5, United States Code.
            ``(2) Major rule.--The term `major rule' has the meaning 
        given that term in section 804 of title 5, United States Code.
            ``(3) Regulatory conflict of interest.--The term 
        `regulatory conflict of interest' means a major rule that has a 
        substantial pecuniary benefit to a covered person.
            ``(4) Covered person.--The term `covered person' means the 
        President, senior advisors to the President, including special 
        advisors that do not receive an official salary, the head of 
        the agency issuing the rule, the director of the Office of 
        Management and Budget, the Administrator of the Office of 
        Information and Regulatory Affairs, or any individual who 
        serves on a Regulatory Reform Task Force established by section 
        3 of Executive Order 13777.''.
    (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          651''.
                            Conflicts of Interest.

SEC. 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).

SEC. 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.

SEC. 5. DEFINITIONS.

    Terms used in this Act have the meaning given such terms in section 
652 of title 5, United States Code.

SEC. 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.
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