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” .
Determining if Regulatory Actions are in the Interest of the Nation or the Swamp Act of 2017
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.
Sec. 2 Requiring Greater Transparency for Regulatory Conflicts of Interest
In general— Chapter 5 of title 5 is amended by inserting after chapter 6, the following new chapter:
“6A Publication of Information Relating to Regulatory Conflicts of Interest
“651. Agency Submission to Comptroller General
“(a) Regulatory Conflicts of Interest—The head of each agency shall submit to the Comptroller General of the United States in such a manner as the Comptroller General may reasonably require, for each major rule that the agency proposes or finalizes, an assessment and quantification of any regulatory conflict of interest pertaining to that major rule.
“(b) Exception—Nothing in this chapter shall apply to rules which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
“(c) Major rules—Before a major rule may take effect, the Federal agency promulgating such rule shall submit to the Comptroller General and publish in the Federal Register a report pursuant to subsection (a).
“652. Definitions
“In this chapter:
“(1) Agency; rule; rule making—The terms agency, rule, 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.”
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:
Sec. 3 ACUS study and report on regulatory capture
In general— The Administrative Conference of the United States shall conduct a study on—
compliance by Federal agencies with this Act and the amendments made by this Act; and
effective measures to minimize regulatory capture.
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
Agency statements on Regulatory Conflicts of Interest—
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.
Limited review of agency compliance or noncompliance—
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).
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.
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.
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.
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.
Judicial review and rule of construction— Except as provided in subsection (a)—
any information submitted under this section shall not be subject to judicial review; and
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.