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H.R. 1004 - Regulatory Integrity Act of 2017
Sponsor: Tim Walberg (R)
Introduced: 2017-03-02
Bill Status: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
 

Regulatory Integrity Act of 2017

(Sec. 2) This bill directs each executive agency to make publicly available on the agency website or in the rulemaking docket on Regulations.gov a list of pending agency regulatory actions and for each such action:

  • the date the agency began to develop or consider the action, its status, an estimate of the date it will be final and in effect, a brief description of such action, and a list of any applicable agency regulatory actions issued by the agency, or any other executive agency, that duplicate or overlap with the regulatory action; and
  • a list of each public communication about the action issued by the agency, including the date of the communication, its intended audience, the method of communication, and a copy of the original communication.

Each agency shall publish the information required within 24 hours after such communication is issued and maintain the public availability of such information for at least five years after the action is finalized.

Any public communication issued by an agency that refers to a pending agency regulatory action shall specify whether the agency is considering alternatives and accepting comments and must expressly disclose that the agency is the source of the information to the intended recipients. Except for impartial communications that request comment on or provide information regarding the pending regulatory action, such a public communication referring to a pending action may not: (1) directly advocate, in support of or against the pending action, for the submission of information; (2) appeal to the public, or solicit a third party, to undertake such advocacy; or (3) be for publicity or propaganda purposes unless authorized by law.

An agency that communicated about a pending agency regulatory action during the previous fiscal year shall submit to each congressional committee with jurisdiction over the agency's activities, by January 15 of each year, a report indicating:

  • the number of pending agency regulatory actions the agency issued public communications about during that fiscal year,
  • the average number of public communications issued by the agency for each such action, and
  • the five pending actions with the highest number of public communications issued by the agency in that fiscal year and a copy of each such communication.

The report shall be made publicly available on the agency's website.

Full Text


115th CONGRESS
1st Session
H. R. 1004


AN ACT

    To amend chapter 3 of title 5, United States Code, to require the publication of information relating to pending agency regulatory actions, 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 “Regulatory Integrity Act of 2017”.

SEC. 2. Publication of information relating to pending regulatory actions.

(a) Amendment.—Chapter 3 of title 5, United States Code, is amended by inserting after section 306 the following new section:

§ 307. Information regarding pending agency regulatory action

“(a) Definitions.—In this section:

“(1) AGENCY REGULATORY ACTION.—The term ‘agency regulatory action’ means guidance, policy statement, directive, rule making, or adjudication issued by an Executive agency.

“(2) PUBLIC COMMUNICATION.—The term ‘public communication’—

“(A) means any method (including written, oral, or electronic) of disseminating information to the public, including an agency statement (written or verbal), blog, video, audio recording, or other social media message; and

“(B) does not include a notice published in the Federal Register pursuant to section 553 or any requirement to publish pursuant to this section.

“(3) RULE MAKING.—The term ‘rule making’ has the meaning given that term under section 551.

“(b) Information To be posted online.—

“(1) REQUIREMENT.—The head of each Executive agency shall make publicly available in a searchable format in a prominent location either on the website of the Executive agency or in the rule making docket on Regulations.gov the following information:

“(A) PENDING AGENCY REGULATORY ACTION.—A list of each pending agency regulatory action and with regard to each such action—

“(i) the date on which the Executive agency first began to develop or consider the agency regulatory action;

“(ii) the status of the agency regulatory action;

“(iii) an estimate of the date of upon which the agency regulatory action will be final and in effect;

“(iv) a brief description of the agency regulatory action; and

“(v) if applicable, a list of agency regulatory actions issued by the Executive agency, or any other Executive agency, that duplicate or overlap with the agency regulatory action.

“(B) PUBLIC COMMUNICATION.—For each pending agency regulatory action, a list of each public communication about the pending agency regulatory action issued by the Executive agency and with regard to each such communication—

“(i) the date of the communication;

“(ii) the intended audience of the communication;

“(iii) the method of communication; and

“(iv) a copy of the original communication.

“(2) PERIOD.—The head of each Executive agency shall publish the information required under paragraph (1)(A) not later than 24 hours after a public communication relating to a pending agency regulatory action is issued and shall maintain the public availability of such information not less than 5 years after the date on which the pending agency regulatory action is finalized.

“(c) Requirements for public communications.—

“(1) IN GENERAL.—Any public communication issued by an Executive agency that refers to a pending agency regulatory action—

“(A) shall specify whether the Executive agency is considering alternatives;

“(B) shall specify whether the Executive agency is accepting or will be accepting comments; and

“(C) shall expressly disclose that the Executive agency is the source of the information to the intended recipients.

“(2) RESTRICTION.—Any public communication issued by an Executive agency that refers to a pending agency regulatory action, other than an impartial communication that requests comment on or provides information regarding the pending agency regulatory action, may not—

“(A) directly advocate, in support of or against the pending agency regulatory action, for the submission of information to form part of the record of review for the pending agency regulatory action;

“(B) appeal to the public, or solicit a third party, to undertake advocacy in support of or against the pending agency regulatory action; or

“(C) be directly or indirectly for publicity or propaganda purposes within the United States unless otherwise authorized by law.

“(d) Reporting.—

“(1) IN GENERAL.—Not later than January 15 of each year, the head of an Executive agency that communicated about a pending agency regulatory action during the previous fiscal year shall submit to each committee of Congress with jurisdiction over the activities of the Executive agency a report indicating—

“(A) the number pending agency regulatory actions the Executive agency issued public communications about during that fiscal year;

“(B) the average number of public communications issued by the Executive agency for each pending agency regulatory action during that fiscal year;

“(C) the five pending agency regulatory actions with the highest number of public communications issued by the Executive agency in that fiscal year; and

“(D) a copy of each public communication for the pending agency regulatory actions identified in subparagraph (C).

“(2) AVAILABILITY OF REPORTS.—The head of an Executive agency that is required to submit a report under paragraph (1) shall make the report publicly available in a searchable format in a prominent location on the website of the Executive agency.”.

(b) Technical and conforming amendment.—The table of sections for chapter 3 of title 5, United States Code, is amended by adding after the item relating to section 306 the following new item:

“307. Information regarding pending agency regulatory action.”.

Passed the House of Representatives March 2, 2017.

Attest:





Clerk.  


115th CONGRESS
     1st Session
H. R. 1004

AN ACT
    To amend chapter 3 of title 5, United States Code, to require the publication of information relating to pending agency regulatory actions, and for other purposes.

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