[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1338 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1338

 To amend chapter 5 of title 31, United States Code, to establish the 
  Office of Regulatory Integrity within the Office of Management and 
                                Budget.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 7, 2011

Mr. Whitehouse introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 5 of title 31, United States Code, to establish the 
  Office of Regulatory Integrity within the Office of Management and 
                                Budget.

    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 Capture Prevention Act of 
2011''.

SEC. 2. OFFICE OF REGULATORY INTEGRITY.

    (a) In General.--Chapter 5 of title 31, United States Code, is 
amended by inserting after section 507 the following:
``Sec. 508. Office of Regulatory Integrity
    ``(a) Definitions.--In this section--
            ``(1) the term `Administrator' means the Administrator of 
        the Office of Regulatory Integrity;
            ``(2) the term `agency'--
                    ``(A) means each authority of the Government of the 
                United States, whether or not it is within or subject 
                to review by another agency; and
                    ``(B) does not include--
                            ``(i) the Government Accountability Office; 
                        or
                            ``(ii) the Congressional Budget Office; and
            ``(3) the term `relevant committees of Congress' means--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    ``(B) the Committee on Appropriations of the 
                Senate;
                    ``(C) the Committee on the Judiciary of the Senate;
                    ``(D) the Committee on Oversight and Government 
                Reform of the House of Representatives;
                    ``(E) the Committee on Appropriations of the House 
                of Representatives;
                    ``(F) the Committee on the Judiciary of the House 
                of Representatives; and
                    ``(G) with respect to a report other than the 
                annual report, any committee in the Senate or House of 
                Representatives that exercises oversight authority over 
                an agency discussed in the report.
    ``(b) Office of Regulatory Integrity.--
            ``(1) Establishment.--There is established in the Office of 
        Management and Budget an office to be known as the Office of 
        Regulatory Integrity.
            ``(2) Administrator.--There shall be at the head of the 
        Office of Regulatory Integrity an Administrator who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate.
    ``(c) Functions of Administrator.--
            ``(1) In general.--In order to defeat regulatory capture 
        and related threats to the integrity of Federal agencies, the 
        Administrator shall investigate and report on the influence of 
        concentrated economic interests on Federal agencies, and 
        components thereof, that results in--
                    ``(A) agency action or inaction that fails to 
                advance the congressionally assigned mission of the 
                agency or is otherwise inimical to the public interest;
                    ``(B) regulation, licensing, adjudication, grants, 
                or other agency action that--
                            ``(i) favors a limited number of economic 
                        interests at the expense of the agency's 
                        congressionally assigned mission; or
                            ``(ii) is otherwise inimical to the public 
                        interest;
                    ``(C) enforcement priorities that are not 
                reasonably calculated to accomplish the goals of the 
                regulatory program in question; or
                    ``(D) a loss of confidence in the integrity of the 
                regulatory process.
            ``(2) Recommendations by the administrator.--When reporting 
        on the influence of concentrated economic interests on an 
        agency, the Administrator shall include recommendations that, 
        if implemented, would restore integrity to the regulatory 
        process by enhancing the capacity of the agency to resist such 
        influence.
            ``(3) Comments by federal agencies.--Unless the 
        Administrator determines that the public interest requires 
        immediate release, the Administrator shall--
                    ``(A) provide a copy of a report to the relevant 
                Federal agencies not less than 30 days before the 
                completion of a report by the Administrator; and
                    ``(B) include the comments of the relevant Federal 
                agencies as addenda to the report upon release.
            ``(4) Coordination with inspectors general.--The 
        Administrator shall inform the inspectors general of the 
        relevant Federal agencies upon initiation of an investigation 
        and may coordinate with the inspectors general as the 
        Administrator concludes is appropriate to fulfill the 
        responsibilities established by this section.
    ``(d) Authority of Administrator.--
            ``(1) In general.--In addition to the authority otherwise 
        provided by this section, the Administrator, in carrying out 
        the provisions of this section, is authorized to--
                    ``(A) have access to all records, reports, audits, 
                reviews, documents, papers, recommendations, or other 
                material available to the applicable agency which 
                relate to regulatory activities with respect to which 
                the Administrator has responsibilities under this 
                section;
                    ``(B) make such investigations and reports relating 
                to the administration of the programs and operations of 
                the applicable agency as are, in the judgment of the 
                Administrator, necessary or desirable;
                    ``(C) request such information or assistance as may 
                be necessary to carry out the duties and 
                responsibilities provided by this section from any 
                Federal, State, or local governmental agency or unit 
                thereof;
                    ``(D) require by subpoena the production of all 
                information, documents, reports, answers, records, 
                accounts, papers, and other data in any medium 
                (including electronically stored information, as well 
                as any tangible thing) and documentary evidence 
                necessary in the performance of the functions assigned 
                by this section, which subpoena, in the case of 
                contumacy or refusal to obey, shall be enforceable by 
                order of any appropriate United States District Court, 
                except that procedures other than subpoenas shall be 
                used by the Administrator to obtain documents and 
                information from Federal agencies;
                    ``(E) administer to or take from any person an 
                oath, affirmation, or affidavit, whenever necessary in 
                the performance of the functions assigned by this 
                section, which oath, affirmation, or affidavit when 
                administered or taken by or before an employee of the 
                Office of Regulatory Integrity designated by the 
                Administrator shall have the same force and effect as 
                if administered or taken by or before an officer having 
                a seal;
                    ``(F) have direct and prompt access to the head of 
                the agency involved when necessary for any purpose 
                pertaining to the performance of functions and 
                responsibilities under this section;
                    ``(G) select, appoint, and employ such officers and 
                employees as may be necessary to carry out the 
                functions, powers, and duties of the Office of 
                Regulatory Integrity subject to the provisions of title 
                5, governing appointments in the competitive service, 
                and the provisions of chapter 51 and subchapter III of 
                chapter 53 of such title relating to classification and 
                General Schedule pay rates;
                    ``(H) obtain services as authorized by section 3109 
                of title 5 at daily rates not to exceed the equivalent 
                rate prescribed for a position at level IV of the 
                Executive Schedule; and
                    ``(I) the extent and in such amounts as may be 
                provided in advance by appropriations Acts, enter into 
                contracts and other arrangements for audits, studies, 
                analyses, and other services with public agencies and 
                with private persons, and to make such payments as may 
                be necessary to carry out the provisions of this 
                section.
            ``(2) Information and assistance.--
                    ``(A) Information and assistance by head of 
                agency.--Upon request of the Administrator for 
                information or assistance under paragraph (1), the head 
                of any agency involved shall, insofar as is practicable 
                and not in contravention of any statutory restriction 
                or regulation of the agency from which the information 
                is requested, furnish to the Administrator, or to an 
                authorized designee, such information or assistance.
                    ``(B) Information and assistance by inspectors 
                general.--Upon request of the Administrator for 
                information or assistance under paragraph (1), the 
                Inspector General of any agency involved shall, insofar 
                as is practicable and not in contravention of any 
                statutory restriction or regulation of the agency from 
                which the information is requested, furnish to the 
                Administrator, or to an authorized designee, such 
                information or assistance.
                    ``(C) Reports of inspectors general.--The inspector 
                general of each agency shall provide copies of all 
                reports issued by that inspector general to the 
                Administrator in a timely manner, and may provide the 
                Administrator at any time with information the 
                inspector general believes relevant to the performance 
                of the Administrator's duties.
                    ``(D) Details of employees.--Upon request of the 
                Administrator, the head of any agency shall, to the 
                extent reasonably practicable, and on a reimbursable 
                basis, detail personnel of that agency to the Office of 
                Regulatory Integrity to assist it in carrying out its 
                duties under this section.
                    ``(E) Reports to heads of agencies.--Whenever 
                information or assistance requested under paragraph (1) 
                is, in the judgment of the Administrator, unreasonably 
                refused or not provided, the Administrator shall report 
                the circumstances to the head of the agency involved 
                without delay.
            ``(3) Limitation on authority.--Except as provided in 
        paragraphs (1) (A) and (F) and (2) (A), (B), and (D), the 
        Administrator may not control or direct any law enforcement 
        agency, including the Department of Justice, in the exercise of 
        the Administrator's investigative authority.
    ``(e) Consultation With Government Accountability Office.--
            ``(1) In general.--The Administrator may consult with the 
        Government Accountability Office as to the scope and focus of 
        an investigation.
            ``(2) Comments by the government accountability office.--
        Unless the Administrator determines that the public interest 
        requires immediate release, the Administrator shall--
                    ``(A) provide a copy of a report to the Government 
                Accountability Office not less than 30 days before the 
                completion of a report by the Administrator; and
                    ``(B) include the comments of the Government 
                Accountability Office as addenda to the report upon 
                release.
            ``(3) Availability of reports.--Subject to the restrictions 
        under subsection (g), the Administrator shall make all reports 
        available to the Government Accountability Office.
            ``(4) Comments by government accountability office.--Not 
        later than 60 days after receipt of a report from the 
        Administrator, the Government Accountability Office shall 
        publish written comments on the methodology and conclusions of 
        the report.
            ``(5) Further investigations by administrator.--Upon 
        request for further investigation by the Government 
        Accountability Office, the Administrator shall--
                    ``(A) perform the requested investigation as 
                promptly as reasonably feasible; or
                    ``(B) provide the Government Accountability Office 
                with a written explanation why the Administrator has 
                chosen not to pursue further investigation.
            ``(6) Further investigations by the government 
        accountability office.--Except as otherwise proscribed by law, 
        the Government Accountability Office may perform any further 
        investigation it determines appropriate.
    ``(f) Consultation With Administrative Conference of the United 
States.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Regulatory Capture Prevention Act of 2011, 
        the Administrative Conference of the United States shall 
        provide the Administrator with written guidance on--
                    ``(A) the principal means by which concentrated 
                economic interests wield influence across the Federal 
                agencies;
                    ``(B) the most salient threats to regulatory 
                integrity arising from that influence; and
                    ``(C) effective measures to minimize regulatory 
                capture.
            ``(2) Guidance.--On a continuing basis, the Administrator 
        shall develop, in consultation with the Administrative 
        Conference of the United States, written guidance describing 
        the most pervasive threats to regulatory integrity and the 
        factors that primarily inform the exercise of the 
        Administrator's investigatory discretion.
            ``(3) Comments.--The Administrative Conference of the 
        United States shall, to the extent it determines appropriate, 
        comment upon reports issued by the Administrator.
    ``(g) Reports to Congress; Public Release.--
            ``(1) In general.--Not later than 30 days after completion 
        of each report, the Administrator shall submit that report to 
        the relevant committees of Congress. The relevant committees of 
        Congress shall hold hearings on the report as the committees 
        determine appropriate.
            ``(2) Annual reports.--
                    ``(A) In general.--Not later than April 30 of each 
                year, the Administrator shall prepare and provide to 
                the relevant committees of Congress an annual report 
                summarizing the activities of the Office of Regulatory 
                Integrity during the immediately preceding 12-month 
                period ending March 31.
                    ``(B) Contents.--Reports under this paragraph shall 
                include--
                            ``(i) a description of significant 
                        problems, abuses, and deficiencies relating to 
                        the undue influence in agencies of concentrated 
                        economic interests during the reporting period;
                            ``(ii) a description of the recommendations 
                        for corrective action made by the Office of 
                        Regulatory Integrity during the reporting 
                        period with respect to significant problems, 
                        abuses, or deficiencies identified under clause 
                        (i);
                            ``(iii) an identification of each 
                        significant recommendation described in 
                        previous semiannual reports on which corrective 
                        action has not been completed;
                            ``(iv) a summary of each report issued by 
                        the Office of Regulatory Integrity; and
                            ``(v) a financial report for the Office of 
                        Regulatory Integrity.
            ``(3) Public disclosure.--
                    ``(A) In general.--Not later than 30 days after the 
                transmission of the annual report to the Congress, the 
                Administrator shall make copies of such report 
                available on a publicly available Internet website.
                    ``(B) Limitations on disclosures.--Nothing in this 
                paragraph shall be construed to authorize the public 
                disclosure of information which is--
                            ``(i) specifically prohibited from 
                        disclosure by any other provision of law;
                            ``(ii) specifically required by Executive 
                        order to be protected from disclosure in the 
                        interest of national defense or national 
                        security or in the conduct of foreign affairs; 
                        or
                            ``(iii) a part of an ongoing criminal 
                        investigation.
                    ``(C) Information in public record.--
                Notwithstanding subparagraph (B), any report under this 
                subsection may be disclosed to the public in a form 
                which includes information with respect to a part of an 
                ongoing criminal investigation if such information has 
                been included in a public record.
                    ``(D) No withholding of information from 
                congress.--Nothing in this section shall be construed 
                to authorize or permit the withholding of information 
                from the Congress, or from any committee or 
                subcommittee thereof, except as otherwise authorized by 
                law.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated for each fiscal year such sums as may be necessary to 
carry out this section.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 5 of title 31, United States Code, is amended by inserting 
after the item relating to section 507 the following:

``Sec. 508. Office of Regulatory Integrity.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by section 2 shall take effect 90 days after 
the date of enactment of this Act.
                                 <all>