,,ii #aahth ,,congress #b;d ,session ,s4 #dgdi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bc1 #bjbd,ms4 ,warren 7for herself1 ,mr4 ,sanders1 ,mr4 ,blumenthal1 ,mr4 ,merkley1 ,ms4 ,hirono1 ,mr4 ,lujn1 ,mr4 ,van ,hollen1 ,mr4 ,markey1 ,mr4 ,wyden1 ,mr4 ,booker1 and ,mr4 ,welch7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to require disclosure of conflicts of interest with respect to rulemaking1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,corporate ,capture ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,congress is dependent on providing discretion to executive officials and agencies 7including independent agencies7 to implement its statutes4 ,congress provides appropriate oversight of the use of this discretion4 7#b7 ,regulatory legislation is often phrased in broad terms1 with an intelligible principle1 to empower agencies to address issues1 such as those presented by technological1 scientific1 or social developments that were not precisely foreseen when the legislation was enacted1 and to draw upon the agency's specialized knowledge1 experience1 and responsibility for implementing the statute4 7#c7 ,such broad authorizing language is often necessary to empower the administering agency to take effective action when new or unforeseen issues arise1 provided that the rule does not exceed clear limits in statute nor implement it in an impermissible manner4 7#d7 ,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 terms4 7#e7 ,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 regulation4 7#f7 ,the expectation that a rule will have broad economic1 political1 or social significance1 should not1 standing alone1 negate application of the principle stated in paragraph 7#a71 7#b71 or 7#c74 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 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 industry2 7#b7 agency regulatory actions often fail to adequately consider the distributional effects and social equity impact of regulatory action2 and 7#c7 an agency shall prioritize the statutory direction of ,congress when taking regulatory action4 #d4 ,disclosure of conflicts of interest ,section #eec of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 by striking ,after notice required and inserting the following3 7#a7 ,after notice required 2 and 7,b7 in the first sentence of paragraph 7#a71 as so designated1 by inserting 1 subject to subsections 7f7 and 7h71 after the agency shall2 and 7,c7 by adding at the end the following3 7#b7 ,in the case of any submission under paragraph 7#a7 by an interested person that includes a scientific1 economic1 or technical study or research 7or a citation thereto7 that the interested person funded directly or indirectly1 or the nonpublic results of any scientific1 economic1 or technical study or research that the interested person funded directly or indirectly1 the interested person shall disclose to the agency the following3 7,a7 ,the amount of any funds that were received by the person who conducted the study or research4 7,b7 ,the entity that provided the funds referred to in subparagraph 7,a74 7,c7 ,any entity that was allowed to review or revise the study or research1 and the extent of that review or revision4 7,d7 ,any financial relationship between the person who conducted the study or research1 and any person that would be affected by the proposed rule4 2 and 7#b7 by adding at the end the following3 7f7 ,with respect to any submission by an interested person under subsection 7c7 or any other submission by an interested person relating to a proposed rule or final rule that includes a scientific1 economic1 or technical study or research by the interested person not published in a publicly available peer-reviewed publication1 or any result of a scientific1 economic1 or technical study or research by the interested person not published in a publicly available peer-reviewed publication1 the interested person1 in making that submission1 shall disclose to the agency-- 7#a7 the source of any funding for the study or research1 as applicable2 7#b7 any entity that sponsored the study or research2 7#c7 the extent to which the findings of the study or research were reviewed by a person that may be affected by the rule making to which the submission relates2 7#d7 the identity of any person identified under paragraph 7#c72 and 7#e7 the nature of any financial relationship1 including a consulting agreement1 the support of any expert witness1 and the funding of research1 between any person that conducted the study or research and any interested person with respect to the rule making to which the submission relates4 4 #e4 ,increasing disclosures relating to studies and research ,section #eec of title #e1 ,united ,states ,code1 as amended by section #d of this ,act1 is amended by adding at the end the following3 7g7 ,with respect to a study or research that is submitted by an interested person to an agency under subsection 7c71 the agency shall ensure that the study or research is available to the public 7including on the internet website of the agency and on the public docket of the agency for the rule making7 unless disclosure is exempted or excluded under section #eeb4 7h7 7#a7 ,if a study or research submitted by an interested person to an agency under subsection 7c7 presents a conflict described in paragraph 7#b71 the agency shall disclose the conflict to the public on the internet website of the agency and on the public docket of the agency1 and by publication in the ,federal ,register1 unless disclosure is exempted or excluded under section #eeb4 7#b7 ,a conflict described in this subsection means a study or research for which-- 7,a7 not less than #aj percent of the funding for the study or research is from an entity subject to the jurisdiction of the agency with respect to that rule making2 or 7,b7 an entity subject to the jurisdiction of the agency with respect to that rule making that is regulated by the agency exercises editorial control over the study or research4 7i7 ,in the case of a violation of the requirement to make a disclosure-- 7#a7 under subsection 7c77#b7 or subsection 7f7 with respect to a submission2 or 7#b7 under subsection 7h7 with respect to a conflict related to a submission referred to under subsection 7g71 the agency may exclude from consideration or otherwise disregard the submission1 and the agency has no obligation to respond to the submission1 except that the submission may be remade with required disclosures during the opportunity for participation referred to in subsection 7c77#a74 ,nothing in this subsection may be construed to affect the level of deference 7in accordance with applicable law7 accorded to agency action by a court reviewing such action4 4 #f4 ,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 actions1 the agency shall-- 7#a7 not later than the date on which the agency publishes a general notice of proposed rulemaking required under section #eec7;b7 of title #e1 ,united ,states ,code1 with respect to the action1 place in the rulemaking docket-- 7,a7 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 action2 and 7,b7 a statement regarding whether any change described in subparagraph 7,a7 was made as a result of communication with-- 7i7 the ,office2 7ii7 another agency2 or 7iii7 any other ,federal official2 and 7#b7 not later than the date on which the agency publishes the regulatory action in the ,federal ,register1 place in the rulemaking docket-- 7,a7 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 ,register2 and 7,b7 a statement regarding whether any change described in subparagraph 7,a7 was made as a result of communication with-- 7i7 the ,office2 7ii7 another agency2 or 7iii7 any other ,federal official4 #g4 ,justification of withdrawn rules 7a7 ,in general ,if an agency withdraws a regulatory action after providing the action to the ,office under section #f7;a77#c7 of the ,executive ,order #abhff 7#e ,u4,s4,c4 #fja note2 relating to regulatory planning and review7 7or1 if the agency does not provide the regulatory action to the ,office under that section1 after publishing the general notice of proposed rulemaking with respect to the action under section #eec7;b7 of title #e1 ,united ,states ,code71 the agency shall publish in the ,federal ,register1 on the public docket of the agency1 and on the internet website of the agency a statement regarding the decision by the agency to withdraw the action4 7b7 ,contents ,a statement required under subsection 7a7 with respect to a decision by an agency to withdraw a regulatory action shall include1 at a minimum-- 7#a7 a detailed explanation of the reasons that the agency withdrew the action2 and 7#b7 an explanation regarding whether the decision by the agency to withdraw the action was based1 in whole or in part1 on a request by1 or input from-- 7,a7 the ,office2 7,b7 another agency2 or 7,c7 any ,federal official outside of the agency withdrawing the regulatory action4 #h4 ,negotiated rulemaking 7a7 ,in general ,subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #efa1 in the first sentence1 by inserting between agencies and ,federal1 ,state1 local1 or ,tribal governments4 ,this subchapter shall apply only to information negotiations between ,federal1 ,state1 local1 or ,tribal governments after informal rulemaking process2 7#b7 in section #efc-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#b71 by inserting ,federal1 ,state1 local1 or ,tribal government after identifiable2 and 7ii7 in paragraph 7#c71 by striking persons who and inserting representatives of ,federal1 ,state1 local1 and ,tribal governments that2 and 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a7-- 7aa7 by striking persons who and inserting ,federal1 ,state1 local1 or ,tribal governments that2 and 7bb7 by striking 1 including residents of rural areas2 and 7,,ii7 in subparagraph 7,b7-- 7aa7 by striking with such persons and inserting with representatives of those governments2 and 7bb7 by striking to such persons and inserting to those governments2 and 7ii7 in paragraph 7#b71 in the second sentence-- 7,i7 by striking persons who and inserting representatives of ,federal1 ,state1 local1 or ,tribal governments that2 and 7,,ii7 by striking 1 including residents of rural areas2 7#c7 in section #efd-- 7,a7 in the section heading1 by striking 2 applications for membership on committees2 7,b7 in subsection 7a7-- 7i7 in paragraph 7#d71 by striking the person or persons and inserting the representatives of ,federal1 ,state1 local1 and ,tribal governments2 7ii7 in paragraph 7#f71 by adding and at the end2 7iii7 in paragraph 7#g71 by striking 2 and and inserting a period2 and 7iv7 by striking paragraph 7#h72 7,c7 by striking subsection 7b72 7,d7 by redesignating subsection 7c7 as subsection 7b72 and 7,e7 in subsection 7b71 as so redesignated-- 7i7 in the subsection heading1 by striking and applications2 and 7ii7 by striking and applications2 7#d7 in section #efe7;a7-- 7,a7 in paragraph 7#a71 in the first sentence1 by striking and applications2 and 7,b7 in paragraph 7#b7-- 7i7 by striking and applications2 and 7ii7 by striking publications1 and all that follows through the period at the end and inserting publications42 and 7#e7 in section #efi7;a71 in the first sentence-- 7,a7 by striking and encourage agency use of2 and 7,b7 by inserting between ,federal1 ,state1 local1 and ,tribal governments after negotiated rulemaking4 7b7 ,technical and conforming amendments 7#a7 ,elementary and secondary education act of #aife ,the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 is amended-- 7,a7 in section #afja 7#bj ,u4,s4,c4 #fega7-- 7i7 in subsection 7a71 by striking subsections 7b7 through 7d7 and inserting subsection 7b72 7ii7 by striking subsections 7b7 and 7c72 and 7iii7 by redesignating subsections 7d7 and 7e7 as subsections 7b7 and 7c71 respectively2 7,b7 by repealing section #afjb 7#bj ,u4,s4,c4 #fegb72 and 7,c7 in section #hbjd7;c77#a7 7#bj ,u4,s4,c4 #ghbd7;c77#a771 by striking using a negotiated rulemaking process to develop regulations for implementation no later than the #bjag-bjah academic year1 shall define and inserting shall1 for implementation no later than the #bjag-bjah academic year1 define4 7#b7 ,health insurance portability and accountability act of #aiif ,section #baf7;b7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;a-#g;b note7 is amended to read as follows3 7b7 ,rulemaking for risk-,sharing exception 7#a7 ,establishment ,the ,secretary of ,health and ,human ,services 7in this subsection referred to as the ,secretary7 shall establish standards relating to the exception for risk-sharing arrangements to the anti-kickback penalties described in section #aabh;,b7b77#c77;,f7 of the ,social ,security ,act1 as added by subsection 7a74 7#b7 ,factors to consider ,in establishing standards relating to the exception for risk-sharing arrangements to the anti-kickback penalties under paragraph 7#a71 the ,secretary-- 7,a7 shall consult with the ,attorney ,general and representatives of the hospital1 physician1 other health practitioner1 and health plan communities1 and other interested parties2 and 7,b7 shall take into account-- 7i7 the level of risk appropriate to the size and type of arrangement2 7ii7 the frequency of assessment and distribution of incentives2 7iii7 the level of capital contribution2 and 7iv7 the extent to which the risk-sharing arrangement provides incentives to control the cost and quality of health care services4 4 7#c7 ,higher education act of #aife ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 is amended-- 7,a7 in section #bjg-- 7i7 by striking subsection 7c72 and 7ii7 by redesignating subsection 7d7 as subsection 7c72 7,b7 in section #dbb7;g77#a7-- 7i7 in subparagraph 7,b71 by adding and at the end2 7ii7 in subparagraph 7,c71 by striking 2 and and inserting a period2 and 7iii7 by striking subparagraph 7,d72 7,c7 in section #dhg;,a7b77#c77;,b71 by striking as determined in the negotiated rulemaking process under section #dib2 7,d7 in section #dia7l77#d77;,a71 by striking 1 not later than two years after the completion of the negotiated rulemaking process required under section #dib resulting from the amendments to this ,act made by the ,higher ,education ,opportunity ,act12 and 7,e7 in section #dib-- 7i7 in the section heading1 by striking ,negotiated2 and 7ii7 by amending subsection 7b7 to read as follows3 7b7 ,issuance of regulations ,after obtaining the advice and recommendations described in subsection 7a77#a71 the ,secretary shall issue final regulations within the #cfj-;day period described in section #dcg7;e7 of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb7;e774 4 7#d7 ,housing ,act of #aidi ,section #eae7r77#c7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adhe7r77#c77 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 #eec of title #e1 ,united ,states ,code44 7#e7 ,magnuson-stevens fishery conservation and management act ,section #cje7;g7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahee7;g77 is amended-- 7,a7 by striking paragraphs 7#b7 and 7#c72 7,b7 in paragraph 7#a7-- 7i7 by striking 7,a72 and 7ii7 by redesignating subparagraph 7,b7 as paragraph 7#b7 and adjusting the margins accordingly2 and 7,c7 in paragraph 7#b71 as so redesignated1 by striking the second sentence4 7#f7 ,mandatory price reporting act of #bjaj ,section #b7;b7 of the ,mandatory ,price ,reporting ,act of #bjaj 7,public ,law #aaa-bci2 #abd ,stat4 #beja7 is amended-- 7,a7 by striking ,wholesale pork cuts and all that follows through chapter #c and inserting ,wholesale pork cuts4--,chapter #c2 and 7,b7 by striking paragraphs 7#b71 7#c71 and 7#d74 7#g7 ,patient protection and affordable care act ,section #efjb of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #bed;b note7 is amended-- 7,a7 in the section heading1 by striking ,negotiated2 7,b7 by striking subsections 7b7 through 7h72 7,c7 in subsection 7a7-- 7i7 by redesignating paragraph 7#b7 as subsection 7b7 and adjusting the margins accordingly2 and 7ii7 by striking ,establishment4-- and all that follows through ,the ,secretary of ,health and ,human ,services and inserting ,establishment4--,the ,secretary of ,health and ,human ,services2 7iii7 by striking 1 through a negotiated rulemaking process under subchapter #c of chapter #e of title #e1 ,united ,states ,code12 and 7iv7 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively1 and adjusting the margins accordingly2 and 7,d7 in subsection 7b71 as so redesignated1 by striking paragraph 7#a7 and inserting subsection 7a74 7#h7 ,price-anderson amendments act of #aihh ,section #ai of the ,price-,anderson ,amendments ,act of #aihh 7#db ,u4,s4,c4 #bbaj note7 is amended-- 7,a7 by striking subsection 7b72 and 7,b7 in subsection 7a7-- 7i7 by striking ,rulemaking4-- and all that follows through ,the ,nuclear and inserting ,rulemaking ,proceeding4--,the ,nuclear2 and 7ii7 by redesignating paragraph 7#b7 as subsection 7b7 and adjusting the margins accordingly4 7#i7 ,social ,security ,act ,title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 is amended-- 7,a7 in section #ahcd7l77#a7 7#db ,u4,s4,c4 #aciem7l77#a771 by striking through a negotiated rulemaking process described in title #e1 ,united ,states ,code12 and 7,b7 in section #ahef7;a7 7#db ,u4,s4,c4 #aciew-#bf7;a772 7i7 by striking paragraphs 7#b7 through 7#i72 7ii7 in paragraph 7#a7-- 7,i7 by striking ,establishment4-- and all that follows through ,the ,secretary shall establish and inserting ,establishment4--,the ,secretary shall establish2 and 7,,ii7 by striking and using a negotiated rulemaking process under subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code2 and 7,,iii7 by redesignating subparagraphs 7,b7 and 7,c7 as paragraphs 7#b7 and 7#c71 respectively1 and adjusting the margins accordingly2 and 7iii7 in paragraph 7#b71 as so redesignated-- 7,i7 by striking subparagraph 7,a7 and inserting paragraph 7#a72 and 7,,ii7 by redesignating clauses 7i71 7ii71 and 7iii7 as subparagraphs 7,a71 7,b71 and 7,c71 respectively1 and adjusting the margins accordingly4 7#aj7 ,title #e ,the table of sections for subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code1 is amended by striking the item relating to section #efd and inserting the following3 #efd4 ,publication of notice4 4 7#aa7 ,title #di ,section #caacf7;g77#a7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 by striking shall-- and all that follows through issue and inserting shall issue2 7,b7 by striking 2 or and inserting a period2 and 7,c7 by striking subparagraph 7,b74 7#ab7 ,toxic substances control act ,section #h7;a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjg7;a77 is amended-- 7,a7 by striking paragraph 7#f72 and 7,b7 by redesignating paragraph 7#g7 as paragraph 7#f74 7#ac7 ,united states housing act of #aicg ,section #i of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7 is amended by repealing subsection 7f74 #i4 ,streamlining ,,oira review 7a7 ,in general ,except as provided in subsection 7b71 if the ,office commences a review of a significant regulatory action1 the ,office shall complete such review not more than #fj days after the date on which the ,office receives the significant regulatory action4 7b7 ,extension ,the ,office may extend the #fj-;day period described in subsection 7a7 by a single #fj-;day period if the ,office provides the agency with1 and makes publicly available1 a written justification for the extension4 7c7 ,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 subsection 7a7 or 7b71 the agency may publish the significant regulatory action in the ,federal ,register4 #aj4 ,penalizing public companies that submit false information to agencies ,section #eec of title #e1 ,united ,states ,code1 as amended by sections #d and #e of this ,act1 is amended by adding at the end the following3 7j7 7#a7 ,any entity required to file an annual report under section #ac of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm7 that makes a submission under subsection 7c7 knowing the same-- 7,a7 to include any materially false1 fictitious1 or fraudulent statement or representation2 or 7,b7 to omit any material fact resulting in any statement or representation being false or misleading1 shall be subject a civil penalty of not less than #bej1jjj for a first violation4 7#b7 ,any entity that has a subsequent violation of paragraph 7#a7 shall be subject to a civil penalty of not less than #a1jjj1jjj for each subsequent violation4 7#c7 ,any submission in violation of this subsection may be excluded from the record and from consideration by the agency or otherwise disregarded1 and such submission 7or any amendment to such submission7 may not be resubmitted thereafter4 ,an exclusion or other disregard of a submission pursuant to this subsection shall not affect the level of deference 7in accordance with applicable law7 accorded to agency action by a court reviewing such action4 7k7 ,any entity required to file an annual report pursuant to section #ac of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm71 shall include in a submission under subsection 7c77#b7 of this section the annual report filed in the year previous to such submission and the quarterly report filed most recently prior to such submission4 4 #aa4 ,establishment of the office of the public advocate ,subchapter ,i of chapter #e of title #e1 ,united ,states ,code1 is amended-- 7#a7 by adding at the end the following3 #eje4 ,office of the ,public ,advocate 7a7 ,establishment ,there is established in the ,office of ,management and ,budget an office to be known as the ,office of the ,public ,advocate4 7b7 ,national ,public ,advocate ,the ,office of the ,public ,advocate shall be under the supervision of an official to be known as the ,national ,public ,advocate1 who shall-- 7#a7 be appointed by the ,president1 by and with the advice and consent of the ,senate2 7#b7 report to the ,president2 7#c7 be entitled to compensation at the same rate as the highest rate of basic pay established for the ,senior ,executive ,service under section #echb2 7#d7 have a background in customer service1 consumer protection1 or administrative law2 and 7#e7 have experience working with the public in cases involving rules 7as defined in section #eea74 7c7 ,duties ,the duties of the ,office of the ,public ,advocate shall include-- 7#a7 assisting agencies in soliciting public participation in the rulemaking process2 7#b7 assisting individuals in participating in the rulemaking process2 7#c7 working with agencies1 ,congress1 and the public to identify problems and improve public participation in the rulemaking process2 7#d7 conducting and publishing research on social equity impacts of the rulemaking process2 7#e7 developing and coordinating social equity definitions across the executive branch2 7#f7 when requested by the agency or by the public through comments submitted through the process described in section #eec of title #e1 ,united ,states ,code1 performing1 not later than #cj days after the receipt of such a request1 a social equity assessment 7as such term is defined in the ,stop ,corporate ,capture ,act7 for a proposed rule2 and 7#g7 facilitating means by which individuals and populations that have not historically participated in the rulemaking process may be better included in the rulemaking process1 including by-- 7,a7 recommending and implementing new outreach plans2 7,b7 partnering with ,state1 local1 and ,tribal governments1 and with community-based organizations to propagate information about rules changes2 and 7,c7 ensuring information about agency rulemaking and changes to rules are written in clear1 accessible language that is accessible in multiple languages4 7d7 ,rulemaking ,not later than #ahj days after the date on which the ,national ,public ,advocate is appointed under this subsection or #ahj days after the date of enactment of this subsection1 whichever is later1 the ,national ,public ,advocate shall make rules to carry out this section4 2 and 7#b7 in the table of sections for such chapter1 by inserting after the item relating to section #ejd the following3 #eje4 ,office of the ,public ,advocate4 4 #ab4 ,scope of review ,section #gjf of title #e1 ,united ,states ,code1 is amended-- 7#a7 in the first sentence of the matter preceding paragraph 7#a7-- 7,a7 by striking agency action4 and inserting agency action4 ,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 provisions1 and an agency has followed the applicable procedures in subchapter ,,ii of chapter #e1 has otherwise lawfully adjudicated a matter1 or has followed the corresponding procedural provisions of the relevant statute1 as applicable1 a reviewing court shall defer to the agency's reasonable or permissible interpretation of that statute1 regardless of the significance of the related agency action or a possible future agency action42 and 7,b7 by striking ,to the extent necessary and inserting3 7a7 ,in general ,to the extent necessary 2 and 7#b7 by adding at the end the following3 7b7 ,unreasonable delay ,for purposes of subsection 7a77#a71 unreasonable delay shall include-- 7#a7 when an agency has not issued a notice of proposed rulemaking before the date that is #a year after the date of enactment of the legislation mandating the rulemaking1 where no deadline for the rulemaking was specified in the enacted law2 7#b7 when an agency has not issued a final version of a proposed rule before the date that is #a year after the date on which the proposed rule was published in the ,federal ,register2 7#c7 when an agency has not implemented a final rule before the date that is #a year after the implementation date published in the ,federal ,register or1 if no implementation date was provided1 before the date that is #a year after the date on which the final rule was published in the ,federal ,register2 and 7#d7 when an agency has not issued or implemented a final rule1 upon a showing of good cause therefor4 4 #ac4 ,expanding public awareness of rulemakings 7a7 ,in general ,section #eec of title #e1 ,united ,states ,code1 as amended by sections #d1 #e1 and #aj of this ,act1 is amended by adding at the end the following3 7l7 7#a7 ,the head of each agency shall take such actions as may be necessary to-- 7,a7 expand public awareness of the initiation of each rule making proceeding2 7,b7 expand public awareness of the publication of each proposed rule2 7,c7 expand public awareness when a rule is published2 and 7,d7 establish a participation log1 including all rule making participants1 with respect to each rule making4 7#b7 ,not later than two business days after the date on which an agency publishes a notice of proposed rule making or a final rule under this section1 the agency shall notify interested persons of the publication1 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 accounts4 4 7b7 ,effective date ,the amendment made by this section shall take effect beginning on the date that is #cj days after the date of enactment of this ,act4 #ad4 ,public petitions ,section #eec7;e7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7#a7 before ,each agency2 and 7#b7 by adding at the end the following3 7#b7 ,not later than #fj days after the date on which an agency receives more than #ajj1jjj signatures on a single petition under paragraph 7#a71 the agency shall provide a written response that includes-- 7,a7 an explanation of whether the agency has engaged or is engaging in the requested issuance1 amendment1 or repeal of a rule2 and 7,b7 if the agency has not engaged in the requested issuance1 amendment1 or repeal of a rule1 a written explanation for not engaging in the requested issuance1 amendment1 or repeal4 7#c7 ,not later than #cj days after the date of enactment of the ,stop ,corporate ,capture ,act1 the head of each agency shall establish and publish procedures for the processing of a petition under paragraph 7#a71 including-- 7,a7 using the agency website1 the ,federal ,register1 and other ,federal websites to educate the public about how to file a petition under paragraph 7#a72 and 7,b7 creating an accessible docket on the internet website of the agency1 or on any existing ,government-wide internet website1 of any petition filed under paragraph 7#a74 7#d7 ,no agency action under this subsection shall be subject to review under chapter #g4 4 #ae4 ,amendment to congressional review act ,section #hja7;b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking 7#a72 and 7#b7 by striking paragraph 7#b74 #af4 ,reinstatement of disapproved rules 7a7 ,definitions ,in this section-- 7#a7 the term covered rule means a rule for which a joint resolution of disapproval was enacted under chapter #h of title #e1 ,united ,states ,code1 before the date of enactment of this ,act2 and 7#b7 the term ,federal agency has the meaning given the term agency in section #eea7a7 of title #e1 ,united ,states ,code4 7b7 ,fast-,track reinstatement ,a ,federal agency may reinstate a covered rule by publishing the covered rule in the ,federal ,register during the #a-year period beginning on the date of enactment of this ,act4 7c7 ,reinstatement after #a-,year period ,after the end of the #a-year period beginning on the date of enactment of this ,act1 a ,federal agency may reinstate a covered rule using the rulemaking procedures described in section #eec of title #e1 ,united ,states ,code4 #ag4 ,cost-benefit analysis 7a7 ,requirement of regulatory impact ,if an agency is performing a cost-benefit or regulatory impact analysis in the course of issuing a rule1 the agency shall-- 7#a7 take into account the benefits of the rule to the public1 including the nonquantifiable benefits of the rule2 and 7#b7 except for good cause shown1 prioritize adoption of a rule that provides benefits to the public1 including nonquantifiable benefits4 7b7 ,requirement of distributional effects ,an agency shall take into account distributional effects and the social equity impact of a rule when issuing such rule4 7c7 ,scope of review ,section #gjf of title #e1 ,united ,states ,code1 as amended by section #ab1 is amended in subsection 7a71 as so designated1 by inserting after prejudicial error4 the following3 ,when acting under paragraph 7#b77;,a71 the court shall not require an agency to demonstrate that the challenged action meets a cost-benefit analysis standard except where explicitly required by law44 #ah4 ,definitions ,in this ,act3 7#a7 ,agency2 rule ,the terms agency and rule have the meanings given such terms in section #eea of title #e1 ,united ,states ,code4 7#b7 ,interested person ,the term interested person includes individuals1 partnerships1 corporations1 associations1 or public or private organizations of any character other than an agency4 7#c7 ,office ,the term ,office means the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget4 7#d7 ,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 regulation1 including notices of inquiry1 advance notices of proposed rulemaking1 and notices of proposed rulemaking4 7#e7 ,significant regulatory action ,the term significant regulatory action means any regulatory action that is likely to result in a rule that may-- 7,a7 have an annual effect on the economy of #ajj1jjj1jjj or more or adversely affect in a material way the economy1 a sector of the economy1 productivity1 competition1 jobs1 the environment1 public health or safety1 or ,state1 local1 or ,tribal governments or communities2 7,b7 create a serious inconsistency or otherwise interfere with an action taken or planned by another agency2 7,c7 materially alter the budgetary impact of entitlements1 grants1 user fees1 or loan programs or the rights and obligations of recipients thereof2 or 7,d7 raise novel legal or policy issues arising out of legal mandates1 the ,president's priorities1 or the general principles of regulation customarily practiced by the executive branch4 7#f7 ,social equity impact ,the term social equity impact means any impact of a proposed rule1 whether intended or unintended1 that might reasonably be expected to disproportionately affect a population of interested persons that is part of a protected class or set of protected classes1 based on the rules's plain language1 stated intention1 and based on credible statistical projections and data on the impacts of similar rules1 laws1 and policies4 7#g7 ,social equity assessment ,the term social equity assessment means a written and publicly available report that shall specifically consider any social equity impact1 positive or negative1 that the proposed policy might have on a population of interested persons who share a common characteristic that renders them part of a protected class1 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 class4