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. 9390 Introduced in House (IH)]

<DOC>






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. Garcia of Illinois, Mr. 
   Johnson 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 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. FINDINGS.

    Congress finds the following:
            (1) Congress is dependent on providing discretion 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 empower agencies to address 
        issues, such as those presented by technological, scientific, 
        or social developments that were not precisely foreseen when 
        the legislation 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 
        impermissible manner.
            (4) A rule that an agency has adopted to implement 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.
            (5) A rule that an agency has adopted to implement 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 actions commonly 
        underestimate the benefits of regulatory actions that protect 
        public health and safety and overestimate the costs of 
        regulatory action to industry;
            (2) agency regulatory actions often fail to adequately 
        consider the distributional effects and social equity impact of 
        regulatory action; and
            (3) an agency shall prioritize the statutory direction of 
        Congress when taking regulatory action.

SEC. 4. DISCLOSURE OF CONFLICTS OF INTEREST.

    Section 553 of title 5, United States Code, is amended--
            (1) in subsection (c)--
                    (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 paragraph (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 research 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 research, and any person 
                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 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 available 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 research;
            ``(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 submission relates;
            ``(4) the identity of any person 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.''.

SEC. 5. INCREASING DISCLOSURES RELATING TO STUDIES AND RESEARCH.

    Section 553 of title 5, United States Code, as amended 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 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 (including 
on the Internet website of the agency and on the public docket of the 
agency for the rulemaking) unless disclosure is exempted or excluded 
under section 552.
    ``(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 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.
    ``(2) A conflict described in this subsection 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 subject to the jurisdiction of 
        the agency with respect to that rulemaking; or
            ``(B) an entity subject to the jurisdiction of the agency 
        with respect to that rulemaking that is regulated by the agency 
        exercises editorial control over the study or research.
    ``(i) In the case of a violation of the requirement to make a 
disclosure--
            ``(1) under subsection (c)(2) or subsection (f) with 
        respect to a submission; or
            ``(2) under subsection (h) with respect to a conflict 
        related to a submission referred to under subsection (g),
the agency may exclude from consideration or otherwise disregard the 
submission, and the agency has no obligation to respond to the 
submission, except that the submission may be remade with required 
disclosures during the opportunity for participation referred to in 
subsection (c)(1). Nothing in this subsection may be construed to 
affect the level of deference (in accordance with applicable 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 centralized 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 published 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
            (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 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 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 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, on the public docket of the agency, and on the 
internet website of the agency a statement regarding the decision by 
the agency to withdraw the action.
    (b) 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--
            (1) a detailed explanation of the reasons that the agency 
        withdrew the action; and
            (2) 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--
                    (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 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 rule making 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 
                        person or 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 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 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; and
                    (C) in section 8204(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 header, by striking ``Negotiated'';
                    (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 paragraph 
                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 subchapter 3 [III] of chapter 5 of title 
                5, United States Code, standards'' and inserting the 
                following: ``(1) Establishment.--The Secretary of 
                Health and Human Services (in this subsection referred 
                to as the `Secretary') shall establish standards''.
            (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--
                            (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 amendments to this Act made by 
                the Higher Education 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:
    ``(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).
            (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.--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));
                            (i) by striking paragraphs (2) through (9);
                            (ii) in paragraph (1)--
                                    (I) by striking ``(A) In general.--
                                '';
                                    (II) by striking ``and using a 
                                negotiated rule making 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--
                    (A) striking paragraph (6); and
                    (B) redesignating paragraph (7) as 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 striking subsection (f).

SEC. 9. STREAMLINING OIRA REVIEW.

    (a) In General.--Except as provided in paragraph (2), if the Office 
commences a review of a significant regulatory action, the Office shall 
complete such review not more than 60 days after the date on which the 
Office receives the significant regulatory action.
    (b) Extension.--The Office may extend the 60-day period described 
in paragraph (1) by a single 60-day period 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 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 amended 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 subsection (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 misleading,
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.
    ``(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 resubmitted 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) accorded to 
agency action by a court reviewing such action.
    ``(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 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:
``Sec. 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 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 participation 
        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 participation in the 
        rulemaking process;
            ``(4) conducting and publishing research on social equity 
        impacts of the rulemaking process;
            ``(5) developing and coordinating social equity definitions 
        across the executive branch;
            ``(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 Corporate 
        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 appointed under this subsection or 180 
days after the date of enactment of this subsection, whichever is 
later, the National Public Advocate shall make rules to carry out this 
section.''.
            (2) In the table of sections for such chapter, by inserting 
        after the item relating to section 507 the following:

``508. Office of the Public Advocate.''.

SEC. 12. 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 as to the proper 
                construction of a particular term or provision or set 
                of terms or provisions, and an agency has followed the 
                applicable procedures in subchapter II of chapter 5, 
                has otherwise lawfully adjudicated a matter, or has 
                followed the corresponding procedural provisions of the 
                relevant statute, as applicable, a reviewing court 
                shall defer to the agency's reasonable or permissible 
                interpretation of that statute, regardless of the 
                significance of the related agency action or a possible 
                future agency action.''; 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;
            ``(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; and
            ``(4) when an agency has not issued or implemented a final 
        rule, upon a showing of good cause therefor.''.

SEC. 13. EXPANDING PUBLIC AWARENESS OF RULEMAKINGS.

    (a) In General.--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) The head of each agency shall take such actions as may be 
necessary to--
            ``(A) expand public awareness of the initiation of each 
        rulemaking proceeding;
            ``(B) expand public awareness of the publication of each 
        proposed rule;
            ``(C) expand public awareness when a rule is published; and
            ``(D) establish a participation log, including all 
        rulemaking participants, with respect to each rulemaking.
    ``(2) Not later than two 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 persons of the 
publication, including by using contact information that interested 
persons have provided to the agency and by publishing such notice on 
the agency's website and any social media accounts.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect beginning on the date that is 30 days after the date of 
enactment of this Act.

SEC. 14. 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) Not later than 60 days after the date on which an 
        agency receives more than 100,000 signatures on a single 
        petition under paragraph (1), the agency shall 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.
            ``(3) Not later than 30 days after the effective date of 
        this paragraph, the head of each agency shall establish and 
        publish procedures for the processing of a petition under 
        paragraph (1), including--
                    ``(A) using the agency website, the Federal 
                Register, and other Federal websites to educate the 
                public about how to file petition under paragraph (1); 
                and
                    ``(B) creating an accessible docket on the internet 
                website of the agency, or on any existing Government-
                wide internet website, of any petition filed under 
                paragraph (1).
            ``(4) No agency action under this subsection shall be 
        subject to review under chapter 7.''.

SEC. 15. 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. 16. 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. 17. COST-BENEFIT ANALYSIS.

    (a) Requirement of Regulatory Impact.--If an agency is performing a 
cost-benefit or regulatory impact analysis in the course of issuing a 
rule, the agency shall--
            (1) take into account the benefits of the rule to the 
        public, including the nonquantifiable benefits of the rule; and
            (2) except for good cause shown, prioritize adoption of a 
        rule that provides benefits to the public, including 
        nonquantifiable benefits.
    (b) Requirement of Distributional Effects.--An agency shall agency 
shall take into account distributional effects and the social equity 
impact of a rule when issuing such rule.
    (c) Scope of Review.--Section 706 of title 5, United States Code, 
is amended by adding at the end the following: ``When acting under 
paragraph (2)(A), the court shall not require an agency to demonstrate 
that the challenged action meets a cost-benefit analysis standard 
except where explicitly required by law.''.

SEC. 18. DEFINITIONS.

    In this Act:
            (1) Agency; rule.--The terms ``agency'' and ``rule'' shall 
        have the meanings given such terms in section 551 of title 5, 
        United States Code.
            (2) Interested person.--The term ``interested person'' 
        includes individuals, partnerships, corporations, associations, 
        or public or private organizations of any character other than 
        an agency.
            (3) Office.--The term ``Office'' means the Office of 
        Information and Regulatory Affairs of the Office of Management 
        and Budget.
            (4) Regulatory action.--The term ``regulatory action'' 
        means any substantive action by an agency that promulgates or 
        is expected to lead to the promulgation of a final rule or 
        regulation, including notices of inquiry, advance notices of 
        proposed rulemaking, and notices of proposed rulemaking.
            (5) Significant regulatory action.--The term ``significant 
        regulatory action'' means any regulatory action that is likely 
        to result in a rule that may--
                    (A) have an annual effect on the economy of 
                $100,000,000 or more or adversely affect in a material 
                way the economy, a sector of the economy, productivity, 
                competition, jobs, the environment, public health or 
                safety, or State, local, or tribal governments or 
                communities;
                    (B) create a serious inconsistency or otherwise 
                interfere with an action taken or planned by another 
                agency;
                    (C) materially alter the budgetary impact of 
                entitlements, grants, user fees, or loan programs or 
                the rights and obligations of recipients thereof; or
                    (D) raise novel legal or policy issues arising out 
                of legal mandates, the President's priorities, or the 
                general principles of regulation customarily practiced 
                by the executive branch.
            (6) Social equity impact.--The term ``social equity 
        impact'' means any impact of a proposed rule, whether intended 
        or unintended, that might reasonably be expected to 
        disproportionately affect a population of interested persons 
        that is part of a protected class or set of protected classes, 
        based on the rules's plain language, stated intention, and 
        based on credible statistical projections and data on the 
        impacts of similar rules, laws, and policies.
            (7) Social equity assessment.--The term ``social equity 
        assessment'' means a written and publicly available report that 
        shall specifically consider any social equity impact, positive 
        or negative, that the proposed policy might have on a 
        population of interested persons who share a common 
        characteristic that renders them part of a protected class, 
        where that population was previously subjected to 
        discriminatory or exclusionary practices by the agency 
        promulgating the rule or where credible demographic evidence 
        demonstrates significant disparities experienced by different 
        populations within a protected class.
                                 <all>