Title: Stop Corporate Capture Act
Policy area: Government Operations and Politics

Summary:
Stop Corporate Capture Act
This bill modifies the process for federal agency rulemaking.
Specifically, it (1) requires interested parties who submit a study or research as part of a comment to a proposed rule to disclose the source of the funding for the study or research, (2) limits the use of the negotiated rulemaking process to government agencies, (3) provides statutory authority for the judicial principle that requires courts to defer to an agency's reasonable or permissible interpretation of a federal law when the law is silent or ambiguous (i.e., the Chevron doctrine), and (4) establishes an Office of the Public Advocate to support public participation in the rulemaking process.

[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.
                                 <all>