article: 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.
summary: Regulatory Capture Prevention Act of 2011 - Establishes the Office of Regulatory Integrity in the Office of Management and Budget (OMB), to be headed by an Administrator. Requires the Administrator to investigate and report on the influence of concentrated economic interests on federal agencies that results in: (1) agency action or inaction that fails to advance the mission of the agency or is otherwise inimical to the public interest; (2) regulation, licensing, adjudication, grants, or other agency action that favors a limited number of economic interests or is otherwise inimical to the public interest; (3) enforcement priorities that are not reasonably calculated to accomplish regulatory goals; and (4) a loss of confidence in the integrity of the regulatory process. Grants certain powers to the Administrator to carry out this Act, including access to agency records, subpoena power, direct and prompt access to the head of a relevant agency and access to information and assistance by such agency. Requires the Administrative Conference of the United States to provide the Administrator with written guidance on the principal means by which concentrated economic interests wield influence on federal agencies, the most salient threats to regulatory integrity arising from such influence, and effective measures to minimize regulatory capture.