[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1339 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1339

  To provide for the compilation and reporting of participation data 
                    relating to Federal rulemaking.


_______________________________________________________________________


                   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 provide for the compilation and reporting of participation data 
                    relating to Federal rulemaking.

    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 Information Reporting Act 
of 2011''.

SEC. 2. REPORTING AND COMPILATION OF PARTICIPATION DATA.

    (a) Definitions.--In this Act--
            (1) the term ``agency'' has the meaning given under section 
        551(1) of title 5, United States Code;
            (2) the term ``General Services Administration Office'' 
        means--
                    (A) except as provided under subparagraph (B), the 
                Regulatory Information Service Center; or
                    (B) another office within the General Services 
                Administration designated by the Administrator of 
                General Services;
            (3) the term ``participant'' means the employing or 
        affiliated organization of an individual representing interests 
        before an agency promulgating a rule;
            (4) the term ``rule'' has the meaning given under section 
        551(4) of title 5, United States Code; and
            (5) the term ``rulemaking'' has the meaning given under 
        section 551(5) of title 5, United States Code.
    (b) Representation by Participants.--For purposes of this section, 
a participant represents--
            (1) an economic interest when the participant--
                    (A) has a substantial economic interest in the 
                outcome of the rulemaking;
                    (B) represents an entity with a substantial 
                economic interest in the outcome of the rulemaking; or
                    (C) represents an association that receives 
                substantial membership dues or contributions from 
                entities that have a substantial economic interest in 
                the outcome of the rulemaking;
            (2) a non-economic interest when the participant claims to 
        represent the public at large and does not represent an 
        economic interest;
            (3) a citizen interest when the participant does not claim 
        to represent the public at large and does not represent an 
        economic interest; and
            (4) an unknown interest if the promulgating agency cannot 
        reasonably discern whether the participant represents an 
        economic, non-economic, or citizen interest.
    (c) Submission of Regulatory Information to General Services 
Administration.--Before publication in the Federal Register of a final 
rule under section 553 of title 5, United States Code, the promulgating 
agency shall submit to the General Services Administration Office a 
list of all non-Federal Government participants who provided public 
comments to the agency on the rule, specifying, as reasonably 
possible--
            (1) the name and address of the participant;
            (2) the participant's organizational affiliation, where 
        appropriate;
            (3) whether the participant represents an economic 
        interest, a non-economic interest, a citizen interest, or an 
        unknown interest; and
            (4) whether any comment of the participant affected or did 
        not affect the content of the final rule.
    (d) Compilation, Publication, and Reporting of Information by 
General Services Administration.--
            (1) Searchable database.--The General Services 
        Administration Office shall compile the information provided by 
        promulgating agencies under subsection (c) into a searchable 
        database made publicly available on the Internet. The database 
        shall be kept as current as reasonably possible.
            (2) Quarterly trend and overview statistics.--The General 
        Services Administration Office shall make publicly available on 
        the Internet quarterly trend and overview statistics. The 
        General Services Administration Office shall present the data 
        received from promulgating agencies in a manner so as to 
        facilitate oversight, and shall emphasize the relative level 
        and effectiveness of participation in the regulatory process of 
        economic, non-economic, and citizen interests.
            (3) Annual reports.--The General Services Administration 
        Office shall submit an annual report to the relevant committees 
        of Congress that summarizes the data received from promulgating 
        agencies, with an emphasis on the relative level and 
        effectiveness of participation in the regulatory process of 
        economic, non-economic, and citizen interests.
            (4) Consultation.--In performing its duties under this 
        section, the General Services Administration Office shall 
        consult with the Administrative Conference of the United States 
        as the General Services Administration Office determines 
        appropriate.
    (e) Regulations.--Not later than 90 days after the date of 
enactment of this Act, the Administrator of General Services shall 
promulgate regulations necessary to implement this section.

SEC. 3. EFFECTIVE DATE.

    This Act shall take effect 180 days after the date of enactment of 
this Act.
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