[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1004 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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:
``Sec. 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.