H.R. 6145

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6145 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 6145

To amend title 5, United States Code, to require disclosure of 
conflicts of interest with respect to rulemaking, and for other 
purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

November 19, 2025

Ms. Jayapal (for herself, Ms. Adams, Mr. Amo, Ms. Ansari, Ms. Balint, 
Mrs. Beatty, Ms. Bonamici, Mr. Boyle of Pennsylvania, Ms. Brownley, Mr. 
Carson, Mr. Casar, Ms. Chu, Ms. Clarke of New York, Mr. Cohen, Mr. 
Correa, Ms. Dean of Pennsylvania, Ms. DeLauro, Mr. Deluzio, Mr. 
DeSaulnier, Ms. Dexter, Mrs. Dingell, Mr. Espaillat, Mr. Evans of 
Pennsylvania, Mrs. Foushee, Mr. Frost, Mr. Garcia of California, Mr. 
Garcia of Illinois, Ms. Garcia of Texas, Mrs. Hayes, Mr. Horsford, Mr. 
Huffman, Mr. Jackson of Illinois, Mr. Johnson of Georgia, Mr. Khanna, 
Mr. Krishnamoorthi, Ms. Lee of Pennsylvania, Mr. Levin, Mr. Lieu, Mr. 
Lynch, Mr. Magaziner, Mrs. McBath, Ms. McClellan, Ms. McCollum, Mr. 
McGovern, Mrs. McIver, Mr. Nadler, Ms. Norton, Ms. Omar, Ms. Pingree, 
Mr. Pocan, Mr. Quigley, Mrs. Ramirez, Ms. Salinas, Ms. Sanchez, Ms. 
Scanlon, Ms. Schakowsky, Mr. Sherman, Ms. Simon, Mr. Smith of 
Washington, Ms. Stansbury, Mr. Thanedar, Ms. Titus, Ms. Tlaib, Ms. 
Tokuda, Mr. Tonko, Ms. Underwood, Mr. Vargas, Ms. Velazquez, Mrs. 
Watson Coleman, and Ms. Williams of Georgia) introduced the following 
bill; which was referred to the Committee on the Judiciary, and in 
addition to the Committee on Oversight and Government Reform, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
committee concerned

_______________________________________________________________________

A BILL

To amend title 5, United States Code, to require disclosure of 
conflicts of interest with respect to rulemaking, 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 ``Experts Protect Effective Rules, 
Transparency, and Stability Act of 2025'' or the ``EXPERTS Act of 
2025''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Congress is dependent on providing discretion to 
executive officials and agencies (including independent 
agencies) to implement its statutes. Congress provides 
appropriate oversight of the use of this discretion.
(2) Regulatory legislation is often phrased in broad terms, 
with an intelligible principle, to empower agencies to address 
issues, such as those presented by technological, scientific, 
or social developments that were not precisely foreseen when 
the legislation was enacted, and to draw upon the agency's 
specialized knowledge, experience, and responsibility for 
implementing the statute.
(3) Such broad authorizing language is often necessary to 
empower the administering agency to take effective action when 
new or unforeseen issues arise, provided that the rule does not 
exceed clear limits in statute nor implement it in an 
impermissible manner.
(4) 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 terms.
(5) 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 regulation.
(6) The expectation that a rule will have broad economic, 
political, or social significance, should not, standing alone, 
negate application of the principle stated in paragraph (1), 
(2), or (3).

SEC. 3. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) 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 industry;
(2) agency regulatory actions often fail to adequately 
consider the distributional effects and social equity impact of 
regulatory action; and
(3) an agency shall prioritize the statutory direction of 
Congress when taking regulatory action.

SEC. 4. DISCLOSURE OF CONFLICTS OF INTEREST.

Section 553 of title 5, United States Code, is amended--
(1) in subsection (c)--
(A) by striking ``After notice required'' and 
inserting the following:
``(1) After notice required'';
(B) in the first sentence of paragraph (1), as so 
designated, by inserting ``, subject to subsections (f) 
and (h),'' after ``the agency shall''; and
(C) by adding at the end the following:
``(2) In the case of any submission under paragraph (1) by 
an interested person that includes a scientific, economic, or 
technical study or research (or a citation thereto) that the 
interested person funded directly or indirectly, or the 
nonpublic results of any scientific, economic, or technical 
study or research that the interested person funded directly or 
indirectly, the interested person shall disclose to the agency 
the following:
``(A) The amount of any funds that were received by 
the person who conducted the study or research.
``(B) The entity that provided the funds referred 
to in subparagraph (A).
``(C) Any entity that was allowed to review or 
revise the study or research, and the extent of that 
review or revision.
``(D) Any financial relationship between the person 
who conducted the study or research, and any person 
that would be affected by the proposed rule.''; and
(2) by adding at the end the following:
``(f) With respect to any submission by an interested person under 
subsection (c) or any other submission by an interested person relating 
to a proposed rule or final rule that includes a scientific, economic, 
or technical study or research by the interested person not published 
in a publicly available peer-reviewed publication, or any result of a 
scientific, economic, or technical study or research by the interested 
person not published in a publicly available peer-reviewed publication, 
the interested person, in making that submission, shall disclose to the 
agency--
``(1) the source of any funding for the study or research, 
as applicable;
``(2) any entity that sponsored the study or research;
``(3) the extent to which the findings of the study or 
research were reviewed by a person that may be affected by the 
rulemaking to which the submission relates;
``(4) the identity of any person identified under paragraph 
(3); and
``(5) the nature of any financial relationship, including a 
consulting agreement, the support of any expert witness, and 
the funding of research, between any person that conducted the 
study or research and any interested person with respect to the 
rulemaking to which the submission relates.''.

SEC. 5. INCREASING DISCLOSURES RELATING TO STUDIES AND RESEARCH.

Section 553 of title 5, United States Code, as amended by section 4 
of this Act, is amended by adding at the end the following:
``(g) With respect to a study or research that is submitted by an 
interested person to an agency under subsection (c), the agency shall 
ensure that the study or research is available to the public (including 
on the Internet website of the agency and on the public docket of the 
agency for the rulemaking) unless disclosure is exempted or excluded 
under section 552.
``(h)(1) If a study or research submitted by an interested person 
to an agency under subsection (c) presents a conflict described in 
paragraph (2), the agency shall disclose the conflict to the public on 
the internet website of the agency and on the public docket of the 
agency, and by publication in the Federal Register, unless disclosure 
is exempted or excluded under section 552.
``(2) A conflict described in this subsection means a study or 
research for which--
``(A) not less than 10 percent of the funding for the study 
or research is from an entity subject to the jurisdiction of 
the agency with respect to that rulemaking; or
``(B) an entity subject to the jurisdiction of the agency 
with respect to that rulemaking that is regulated by the agency 
conducts, reviews, or revises the study or research.
``(i) In the case of a violation of the requirement to make a 
disclosure--
``(1) under subsection (c)(2) or subsection (f) with 
respect to a submission; or
``(2) under subsection (h) with respect to a conflict 
related to a submission referred to under subsection (g),
the agency may exclude from consideration or otherwise disregard the 
submission, and the agency has no obligation to respond to the 
submission, except that the submission may be remade with required 
disclosures during the opportunity for participation referred to in 
subsection (c)(1). Nothing in this subsection may be construed to 
affect the level of deference (in accordance with applicable law) 
accorded to agency action by a court reviewing such action.''.

SEC. 6. 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 
actions, the agency shall--
(1) not later than the date on which the agency publishes a 
general notice of proposed rulemaking required under section 
553(b) of title 5, United States Code, with respect to the 
action, place in the rulemaking docket--
(A) 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 action; and
(B) a statement regarding whether any change 
described in subparagraph (A) was made as a result of 
communication with--
(i) the Office;
(ii) another agency; or
(iii) any other Federal official; and
(2) not later than the date on which the agency publishes 
the regulatory action in the Federal Register, place in the 
rulemaking docket--
(A) 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 Register; and
(B) a statement regarding whether any change 
described in subparagraph (A) was made as a result of 
communication with--
(i) the Office;
(ii) another agency; or
(iii) any other Federal official.

SEC. 7. JUSTIFICATION OF WITHDRAWN RULES.

(a) In General.--If an agency withdraws a regulatory action after 
providing the action to the Office under section 6(a)(3) of the 
Executive Order 12866 (or, if the agency does not provide the 
regulatory action to the Office under that section, after publishing 
the general notice of proposed rulemaking with respect to the action 
under section 553(b) of title 5, United States Code), the agency shall 
publish in the Federal Register, on the public docket of the agency, 
and on the internet website of the agency a statement regarding the 
decision by the agency to withdraw the action.
(b) Contents.--A statement required under subsection (a) with 
respect to a decision by an agency to withdraw a regulatory action 
shall include, at a minimum--
(1) a detailed explanation of the reasons that the agency 
withdrew the action; and
(2) an explanation regarding whether the decision by the 
agency to withdraw the action was based, in whole or in part, 
on a request by, or input from--
(A) the Office;
(B) another agency; or
(C) any other Federal official.

SEC. 8. NEGOTIATED RULEMAKING.

(a) In General.--Subchapter III of chapter 5 of title 5, United 
States Code, is amended--
(1) in section 561, in the first sentence, by inserting 
``between agencies and Federal, State, local, or tribal 
governments. This subchapter shall apply only to informal 
negotiations between Federal, State, local, or tribal 
governments'' after ``informal rule making process'';
(2) in section 563--
(A) in subsection (a)--
(i) in paragraph (2), by inserting 
``Federal, State, local, or tribal government'' 
after ``identifiable''; and
(ii) in paragraph (3), by striking 
``persons who'' and inserting ``representatives 
of Federal, State, local, and tribal 
governments that''; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A)--
(aa) by striking ``persons 
who'' and inserting ``Federal, 
State, local, or tribal 
governments that''; and
(bb) by striking ``, 
including residents of rural 
areas''; and
(II) in subparagraph (B)--
(aa) by striking ``with 
such persons'' and inserting 
``with representatives of those 
governments''; and
(bb) by striking ``to such 
persons'' and inserting ``to 
those governments''; and
(ii) in paragraph (2), in the second 
sentence--
(I) by striking ``persons who'' and 
inserting ``representatives of Federal, 
State, local, or tribal governments 
that''; and
(II) by striking ``, including 
residents of rural areas'';
(3) in section 564--
(A) in the section heading, by striking ``; 
applications for membership on committees'';
(B) in subsection (a)--
(i) in paragraph (4), by striking ``the 
person or persons'' and inserting ``the 
representatives of Federal, State, local, and 
tribal governments'';
(ii) in paragraph (6), by adding ``and'' at 
the end;
(iii) in paragraph (7), by striking ``; 
and'' and inserting a period; and
(iv) by striking paragraph (8);
(C) by striking subsection (b);
(D) by redesignating subsection (c) as subsection 
(b); and
(E) in subsection (b), as so redesignated--
(i) in the subsection heading, by striking 
``and Applications''; and
(ii) by striking ``and applications'';
(4) in section 565(a)--
(A) in paragraph (1), in the first sentence, by 
striking ``and applications''; and
(B) in paragraph (2)--
(i) by striking ``and applications''; and
(ii) by striking ``publications,'' and all 
that follows through the period at the end and 
inserting ``publications.''; and
(5) in section 569(a), in the first sentence--
(A) by striking ``and encourage agency use of''; 
and
(B) by inserting ``between Federal, State, local, 
and tribal governments'' after ``negotiated rule 
making''.
(b) Technical and Conforming Amendments.--
(1) Balanced budget act of 1997.--Section 1856(b)(1) of the 
Balanced Budget Act of 1997 (42 U.S.C. 1395w-26) is amended by 
striking ``, using a negotiated rule making process under 
subchapter III of chapter 5 of title 5, United States Code''.
(2) Elementary and secondary education act of 1965.--The 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.) is amended--
(A) in section 1601 (20 U.S.C. 6571)--
(i) in subsection (a), by striking 
``subsections (b) through (d)'' and inserting 
``subsection (b)'';
(ii) by striking subsections (b) and (c); 
and
(iii) by redesignating subsections (d) and 
(e) as subsections (b) and (c), respectively;
(B) by repealing section 1602 (20 U.S.C. 6572); and
(C) in section 8204(c)(1) (20 U.S.C. 7824(c)(1)), 
by striking ``using a negotiated rulemaking process to 
develop regulations for implementation no later than 
the 2017-2018 academic year, shall define'' and 
inserting ``shall, for implementation no later than the 
2017-2018 academic year, define''.
(3) Health insurance portability and accountability act of 
1996.--Section 216(b) of the Health Insurance Portability and 
Accountability Act of 1996 (42 U.S.C. 1320a-7b note) is amended 
to read as follows:
``(b) Rulemaking for Risk-Sharing Exception.--
``(1) Establishment.--The Secretary of Health and Human 
Services (in this subsection referred to as the `Secretary') 
shall establish standards relating to the exception for risk-
sharing arrangements to the anti-kickback penalties described 
in section 1128B(b)(3)(F) of the Social Security Act, as added 
by subsection (a).
``(2) Factors to consider.--In establishing standards 
relating to the exception for risk-sharing arrangements to the 
anti-kickback penalties under paragraph (1), the Secretary--
``(A) shall consult with the Attorney General and 
representatives of the hospital, physician, other 
health practitioner, and health plan communities, and 
other interested parties; and
``(B) shall take into account--
``(i) the level of risk appropriate to the 
size and type of arrangement;
``(ii) the frequency of assessment and 
distribution of incentives;
``(iii) the level of capital contribution; 
and
``(iv) the extent to which the risk-sharing 
arrangement provides incentives to control the 
cost and quality of health care services.''.
(3) Higher education act of 1965.--The Higher Education Act 
of 1965 (20 U.S.C. 1001 et seq.) is amended--
(A) in section 207--
(i) by striking subsection (c); and
(ii) by redesignating subsection (d) as 
subsection (c);
(B) in section 422(g)(1)--
(i) in subparagraph (B), by adding ``and'' 
at the end;
(ii) in subparagraph (C), by striking ``; 
and'' and inserting a period; and
(iii) by striking subparagraph (D);
(C) in section 487A(b)(3)(B), by striking ``as 
determined in the negotiated rulemaking process under 
section 492'';
(D) in section 491(l)(4)(A), by striking ``, not 
later than two years after the completion of the 
negotiated rulemaking process required under section 
492 resulting from the amendments to this Act made by 
the Higher Education Opportunity Act,''; and
(E) in section 492--
(i) in the section heading, by striking 
``negotiated''; and
(ii) by amending subsection (b) to read as 
follows:
``(b) Issuance of Regulations.--After obtaining the advice and 
recommendations described in subsection (a)(1), the Secretary shall 
issue final regulations within the 360-day period described in section 
437(e) of the General Education Provisions Act (20 U.S.C. 1232(e)).''.
(4) Housing act of 1949.--Section 515(r)(3) of the Housing 
Act of 1949 (42 U.S.C. 1485(r)(3)) 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 553 of title 5, United States Code.''.
(5) Magnuson-stevens fishery conservation and management 
act.--Section 305(g) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1855(g)) is 
amended--
(A) by striking paragraphs (2) and (3);
(B) in paragraph (1)--
(i) by striking ``(A)''; and
(ii) by redesignating subparagraph (B) as 
paragraph (2) and adjusting the margins 
accordingly; and
(C) in paragraph (2), as so redesignated, by 
striking the second sentence.
(6) Mandatory price reporting act of 2010.--Section 2(b) of 
the Mandatory Price Reporting Act of 2010 (Public Law 111-239; 
124 Stat. 2501) is amended--
(A) by striking ``Wholesale Pork Cuts'' and all 
that follows through ``chapter 3'' and inserting 
``Wholesale Pork Cuts.--Chapter 3''; and
(B) by striking paragraphs (2), (3), and (4).
(7) Patient protection and affordable care act.--Section 
5602 of the Patient Protection and Affordable Care Act (42 
U.S.C. 254b note) is amended--
(A) in the section heading, by striking 
``negotiated'';
(B) by striking subsections (b) through (h);
(C) in subsection (a)--
(i) by redesignating paragraph (2) as 
subsection (b) and adjusting the margins 
accordingly; and
(ii) by striking ``Establishment.--'' and 
all that follows through ``The Secretary of 
Health and Human Services'' and inserting 
``Establishment.--The Secretary of Health and 
Human Services'';
(iii) by striking ``, through a negotiated 
rulemaking process under subchapter 3 of 
chapter 5 of title 5, United States Code,''; 
and
(iv) in paragraph (1), by redesignating 
subparagraphs (A) and (B) as paragraphs (1) and 
(2), respectively, and adjusting the margins 
accordingly; and
(D) in subsection (b), as so redesignated, by 
striking ``paragraph (1)'' and inserting ``subsection 
(a)''.
(8) Price-anderson amendments act of 1988.--Section 19 of 
the Price-Anderson Amendments Act of 1988 (42 U.S.C. 2210 note) 
is amended--
(A) by striking subsection (b); and
(B) in subsection (a)--
(i) by striking ``Purpose.--The Nuclear'' 
and inserting ``Rulemaking proceeding.--The 
Nuclear''; and
(ii) by redesignating paragraph (2) as 
subsection (b) and adjusting the margins 
accordingly.
(9) Social security act.--Title XVIII of the Social 
Security Act (42 U.S.C. 1395 et seq.) is amended--
(A) in section 1834(l)(1) (42 U.S.C. 1395m(l)(1)), 
by striking ``through a negotiated rulemaking process 
described in title 5, United States Code,''; and
(B) in section 1856(a) (42 U.S.C. 1395w-26(a));
(i) by striking paragraphs (2) through (9);
(ii) in paragraph (1)--
(I) by striking ``Establishment.--
'' and all that follows through ``The 
Secretary shall establish'' and 
inserting ``Establishment.--The 
Secretary shall establish'';
(II) by striking ``and using a 
negotiated rulemaking process under 
subchapter III of chapter 5 of title 5, 
United States Code''; and
(III) by redesignating 
subparagraphs (B) and (C) as paragraphs 
(2) and (3), respectively, and 
adjusting the margins accordingly; and
(iii) in paragraph (2), as so 
redesignated--
(I) by striking ``subparagraph 
(A)'' and inserting ``paragraph (1)''; 
and
(II) by redesignating clauses (i), 
(ii), and (iii) as subparagraphs (A), 
(B), and (C), respectively, and 
adjusting the margins accordingly.
(10) Title 5.--The table of sections for subchapter III of 
chapter 5 of title 5, United States Code, is amended by 
striking the item relating to section 564 and inserting the 
following:

``564. Publication of notice.''.
(11) Title 49.--Section 31136(g)(1) of title 49, United 
States Code, is amended--
(A) by striking ``shall--'' and all that follows 
through ``issue'' and inserting ``shall issue'';
(B) by striking ``; or'' and inserting a period; 
and
(C) by striking subparagraph (B).
(12) Toxic substances control act.--Section 8(a) of the 
Toxic Substances Control Act (15 U.S.C. 2607(a)) is amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraph (7) as paragraph 
(6).
(13) United states housing act of 1937.--Section 9 of the 
United States Housing Act of 1937 (42 U.S.C. 1437g) is amended 
by repealing subsection (f).

SEC. 9. STREAMLINING OIRA REVIEW.

(a) In General.--Except as provided in subsection (b), if the 
Office commences a review of a significant regulatory action, the 
Office shall complete such review not more than 60 days after the date 
on which the Office receives the significant regulatory action.
(b) Extension.--The Office may extend the 60-day period described 
in subsection (a) by a single 30-day period if the Office provides the 
agency with, and makes publicly available, a written justification for 
the extension.
(c) 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 (a) 
or (b), the agency may publish the significant regulatory action in the 
Federal Register.

SEC. 10. PENALIZING PUBLIC COMPANIES THAT SUBMIT FALSE INFORMATION TO 
AGENCIES.

Section 553 of title 5, United States Code, as amended by sections 
4 and 5 of this Act, is amended by adding at the end the following:
``(j)(1) Any entity required to file an annual report under section 
13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) that makes a 
submission under subsection (c) knowing the same--
``(A) to include any materially false, fictitious, or 
fraudulent statement or representation; or
``(B) to omit any material fact resulting in any statement 
or representation being false or misleading,
shall be subject a civil penalty of not less than $250,000 for a first 
violation.
``(2) Any entity that has a subsequent violation of paragraph (1) 
shall be subject to a civil penalty of not less than $1,000,000 for 
each subsequent violation.
``(3) Any submission in violation of this subsection may be 
excluded from the record and from consideration by the agency or 
otherwise disregarded, and such submission (or any amendment to such 
submission) may not be resubmitted thereafter. An exclusion or other 
disregard of a submission pursuant to this subsection shall not affect 
the level of deference (in accordance with applicable law) accorded to 
agency action by a court reviewing such action.
``(k) Any entity required to file an annual report pursuant to 
section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), 
shall include in a submission under subsection (c)(2) of this section 
the annual report filed in the year previous to such submission and the 
quarterly report filed most recently prior to such submission.''.

SEC. 11. ESTABLISHMENT OF THE OFFICE OF THE PUBLIC ADVOCATE.

Subchapter I of chapter 5 of title 5, United States Code, is 
amended--
(1) by adding at the end the following:
``Sec. 505. Office of the Public Advocate
``(a) Establishment.--There is established in the Office of 
Management and Budget an office to be known as the `Office of the 
Public Advocate'.
``(b) National Public Advocate.--The Office of the Public Advocate 
shall be under the supervision of an official to be known as the 
`National Public Advocate', who shall--
``(1) be appointed by the President, by and with the advice 
and consent of the Senate;
``(2) report to the President;
``(3) be entitled to compensation at the same rate as the 
highest rate of basic pay established for the Senior Executive 
Service under section 5382;
``(4) have a background in customer service, consumer 
protection, or administrative law; and
``(5) have experience working with the public in cases 
involving rules (as defined in section 551).
``(c) Duties.--The duties of the Office of the Public Advocate 
shall include--
``(1) assisting agencies in soliciting public participation 
in the rulemaking process;
``(2) assisting individuals in participating in the 
rulemaking process;
``(3) working with agencies, Congress, and the public to 
identify problems and improve public participation in the 
rulemaking process;
``(4) conducting and publishing research on social equity 
impacts of the rulemaking process;
``(5) developing and coordinating social equity definitions 
across the executive branch;
``(6) when requested by the agency or by the public through 
comments submitted through the process described in section 553 
of title 5, United States Code, performing, not later than 30 
days after the receipt of such a request, a social equity 
assessment (as such term is defined in the Stop Corporate 
Capture Act) for a proposed rule; and
``(7) facilitating means by which individuals and 
populations that have not historically participated in the 
rulemaking process may be better included in the rulemaking 
process, including by--
``(A) recommending and implementing new outreach 
plans;
``(B) partnering with State, local, and Tribal 
governments, and with community-based organizations to 
propagate information about rules changes; and
``(C) ensuring information about agency rulemaking 
and changes to rules are written in clear, accessible 
language that is accessible in multiple languages.
``(d) Rulemaking.--Not later than 180 days after the date on which 
the National Public Advocate is appointed under this subsection or 180 
days after the date of enactment of this section, whichever is later, 
the National Public Advocate shall make rules to carry out this 
section.''; and
(2) in the table of sections for such chapter, by inserting 
after the item relating to section 504 the following:

``505. Office of the Public Advocate.''.

SEC. 12. SCOPE OF REVIEW.

Section 706 of title 5, United States Code, is amended--
(1) in the first sentence of the matter preceding paragraph 
(1)--
(A) by striking ``agency action.'' and inserting 
``agency action. 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 provisions, and an agency has followed the 
applicable procedures in subchapter II of chapter 5, 
has otherwise lawfully adjudicated a matter, or has 
followed the corresponding procedural provisions of the 
relevant statute, as applicable, a reviewing court 
shall defer to the agency's reasonable or permissible 
interpretation of that statute, regardless of the 
significance of the related agency action or a possible 
future agency action.''; and
(B) by striking ``To the extent necessary'' and 
inserting:
``(a) In General.--To the extent necessary''; and
(2) by adding at the end the following:
``(b) Unreasonable Delay.--For purposes of subsection (a)(1), 
unreasonable delay shall include--
``(1) when an agency has not issued a notice of proposed 
rulemaking before the date that is 1 year after the date of 
enactment of the legislation mandating the rulemaking, where no 
deadline for the rulemaking was specified in the enacted law;
``(2) when an agency has not issued a final version of a 
proposed rule before the date that is 1 year after the date on 
which the proposed rule was published in the Federal Register;
``(3) when an agency has not implemented a final rule 
before the date that is 1 year after the implementation date 
published in the Federal Register or, if no implementation date 
was provided, before the date that is 1 year after the date on 
which the final rule was published in the Federal Register; and
``(4) when an agency has not issued or implemented a final 
rule, upon a showing of good cause therefor.''.

SEC. 13. RIGHT OF REVIEW.

(a) In General.--Chapter 7 of title 5, United States Code, is 
amended by adding at the end the following:
``Sec. 707. Statute of limitation
``Except as otherwise expressly provided by law, an action under 
this chapter for review of an agency action shall be commenced not 
later than 6 years after the date of the final agency action.''.
(b) Conforming Amendment.--Section 2401(a) of title 28, United 
States Code, is amended by inserting ``or section 707 of title 5'' 
after ``title 41''.
(c) Clerical Amendment.--The table of contents for chapter 7 of 
title 5, United States Code, is amended by adding at the end the 
following:

``707. Statute of limitation.''.

SEC. 14. EXPANDING PUBLIC AWARENESS OF RULEMAKINGS.

(a) In General.--Section 553 of title 5, United States Code, as 
amended by section 4, 5, and 10 of this Act, is amended by adding at 
the end the following:
``(l)(1) The head of each agency shall take such actions as may be 
necessary to--
``(A) expand public awareness of the initiation of each 
rulemaking proceeding;
``(B) expand public awareness of the publication of each 
proposed rule;
``(C) expand public awareness when a rule is published; and
``(D) establish a participation log, including all 
rulemaking participants, with respect to each rulemaking.
``(2) Not later than two business days after the date on which an 
agency publishes a notice of proposed rulemaking or a final rule under 
this section, the agency shall notify interested persons of the 
publication, 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 accounts.''.
(b) Effective Date.--The amendment made by this section shall take 
effect beginning on the date that is 30 days after the date of 
enactment of this Act.

SEC. 15. PUBLIC PETITIONS.

Section 553(e) of title 5, United States Code, is amended--
(1) by inserting ``(1)'' before ``Each agency''; and
(2) by adding at the end the following:
``(2) Not later than 60 days after the date on which an 
agency receives more than 100,000 signatures on a single 
petition under paragraph (1), the agency shall provide a 
written response that includes--
``(A) an explanation of whether the agency has 
engaged or is engaging in the requested issuance, 
amendment, or repeal of a rule; and
``(B) if the agency has not engaged in the 
requested issuance, amendment, or repeal of a rule, a 
written explanation for not engaging in the requested 
issuance, amendment, or repeal.
``(3) Not later than 30 days after the date of enactment of 
this paragraph, the head of each agency shall establish and 
publish procedures for the processing of a petition under 
paragraph (1), including--
``(A) using the agency website, the Federal 
Register, and other Federal websites to educate the 
public about how to file a petition under paragraph 
(1); and
``(B) creating an accessible docket on the internet 
website of the agency, or on any existing Government-
wide internet website, of any petition filed under 
paragraph (1).
``(4) No agency action under paragraph (3) shall be subject 
to review under chapter 7.''.

SEC. 16. AMENDMENT TO CONGRESSIONAL REVIEW ACT.

Section 801(b) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking ``(1)''; and
(2) by striking paragraph (2).

SEC. 17. REINSTATEMENT OF DISAPPROVED RULES.

(a) Definitions.--In this section--
(1) the term ``covered rule'' means a rule for which a 
joint resolution of disapproval was enacted under chapter 8 of 
title 5, United States Code, before the date of enactment of 
this Act; and
(2) the term ``Federal agency'' has the meaning given the 
term ``agency'' in section 551(1) of title 5, United States 
Code.
(b) Fast-Track Reinstatement.--A Federal agency may reinstate a 
covered rule by publishing the covered rule in the Federal Register 
during the 1-year period beginning on the date of enactment of this 
Act.
(c) Reinstatement After 1-Year Period.--After the end of the 1-year 
period beginning on the date of enactment of this Act, a Federal agency 
may reinstate a covered rule using the rulemaking procedures described 
in section 553 of title 5, United States Code.

SEC. 18. COST-BENEFIT ANALYSIS.

(a) Requirement of Regulatory Impact.--If an agency is performing a 
cost-benefit or regulatory impact analysis in the course of issuing a 
rule, the agency shall--
(1) take into account the benefits of the rule to the 
public, including the nonquantifiable benefits of the rule; and
(2) except for good cause shown, prioritize adoption of a 
rule that provides benefits to the public, including 
nonquantifiable benefits.
(b) Requirement of Distributional Effects.--An agency shall agency 
shall take into account distributional effects and the social equity 
impact of a rule when issuing such rule.
(c) Scope of Review.--Section 706 of title 5, United States Code, 
as amended by section 12, is amended in subsection (a), as so 
designated, by inserting after ``prejudicial error.'' the following: 
``When acting under paragraph (2)(A), the court shall not require an 
agency to demonstrate that the challenged action meets a cost-benefit 
analysis standard except where explicitly required by law.''.

SEC. 19. DEFINITIONS.

In this Act:
(1) Agency; rule.--The terms ``agency'' and ``rule'' have 
the meanings given such terms in section 551 of title 5, United 
States Code.
(2) Interested person.--The term ``interested person'' 
includes individuals, partnerships, corporations, associations, 
or public or private organizations of any character other than 
an agency.
(3) Office.--The term ``Office'' means the Office of 
Information and Regulatory Affairs of the Office of Management 
and Budget.
(4) 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 
regulation, including notices of inquiry, advance notices of 
proposed rulemaking, and notices of proposed rulemaking.
(5) Significant regulatory action.--The term ``significant 
regulatory action'' means any regulatory action that is likely 
to result in a rule that may--
(A) have an annual effect on the economy of 
$100,000,000 or more or adversely affect in a material 
way the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or 
communities;
(B) create a serious inconsistency or otherwise 
interfere with an action taken or planned by another 
agency;
(C) materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or 
the rights and obligations of recipients thereof; or
(D) raise novel legal or policy issues arising out 
of legal mandates, the President's priorities, or the 
general principles of regulation customarily practiced 
by the executive branch.
(6) Social equity impact.--The term ``social equity 
impact'' means any impact of a proposed rule, whether intended 
or unintended, that might reasonably be expected to 
disproportionately affect a population of interested persons 
that is part of a protected class or set of protected classes, 
based on the rules's plain language, stated intention, and 
based on credible statistical projections and data on the 
impacts of similar rules, laws, and policies.
(7) Social equity assessment.--The term ``social equity 
assessment'' means a written and publicly available report that 
shall specifically consider any social equity impact, positive 
or negative, that the proposed policy might have on a 
population of interested persons who share a common 
characteristic that renders them part of a protected class, 
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 class.
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