text: 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.
target: 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.
feat_title: 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.