Sec. 5. Increasing disclosures relating to studies and research
334 words·~2 min read·
/bill/118/hr/1507/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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: 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. 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. A conflict described in this subsection means a study or research for which— 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 an entity subject to the jurisdiction of the agency with respect to that rulemaking that is regulated by the agency exercises editorial control over the study or research. In the case of a violation of the requirement to make a disclosure— under subsection (c)(2) or subsection
(f)with respect to a submission; or 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. .