[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4200 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4200
To amend title 5, United States Code, to provide for the publication,
by the Office of Information and Regulatory Affairs, of information
relating to rule making, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2024
Mr. Lee (for himself and Mr. Marshall) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to provide for the publication,
by the Office of Information and Regulatory Affairs, of information
relating to rule making, 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 ``All Economic Regulations are
Transparent Act of 2024'' or the ``ALERT Act of 2024''.
SEC. 2. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION OF
INFORMATION RELATING TO RULES.
(a) Amendment.--Title 5, United States Code, is amended by
inserting after chapter 6 the following:
``CHAPTER 6A--OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION
OF INFORMATION RELATING TO RULES
``Sec.
``651. Definitions.
``652. Agency monthly submission to Office of Information and
Regulatory Affairs.
``653. Office of Information and Regulatory Affairs publications.
``654. Requirement for rules to appear in agency-specific monthly
publication.
``Sec. 651. Definitions
``In this chapter:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Office of Information and Regulatory
Affairs of the Office of Management and Budget.
``(2) Agency; agency action; rule; rule making.--The terms
`agency', `agency action', `rule', and `rule making' have the
meanings given those terms in section 551 of this title.
``Sec. 652. Agency monthly submission to Office of Information and
Regulatory Affairs
``On a monthly basis, the head of each agency shall submit to the
Administrator, in such a manner as the Administrator may reasonably
require, the following information:
``(1) For each rule that the agency expects to propose or
finalize during the following year--
``(A) a summary of the nature of the rule,
including the regulation identifier number and the
docket number for the rule;
``(B) the objectives of and legal basis for the
issuance of the rule, including--
``(i) any statutory or judicial deadline;
and
``(ii) whether the legal basis restricts or
precludes the agency from conducting an
analysis of the costs or benefits of the rule
during the rule making, and if not, whether the
agency plans to conduct an analysis of the
costs or benefits of the rule during the rule
making;
``(C) whether the agency plans to claim an
exemption from the requirements of section 553 of this
title pursuant to section 553(b)(B);
``(D) the stage of the rule making as of the date
of submission; and
``(E) whether the rule is subject to review under
section 610 of this title.
``(2) For each rule that the agency expects to finalize
during the following year and for which the agency has issued a
general notice of proposed rule making--
``(A) an approximate schedule for completing action
on the rule;
``(B) an estimate of whether the rule will cost--
``(i) less than $50,000,000;
``(ii) $50,000,000 or more but less than
$100,000,000;
``(iii) $100,000,000 or more but less than
$500,000,000;
``(iv) $500,000,000 or more but less than
$1,000,000,000;
``(v) $1,000,000,000 or more but less than
$5,000,000,000;
``(vi) $5,000,000,000 or more but less than
$10,000,000,000; or
``(vii) $10,000,000,000 or more; and
``(C) any estimate of the economic effects of the
rule, including--
``(i) any estimate of the net effect that
the rule will have on the number of jobs in the
United States that was considered in drafting
the rule; or
``(ii) if an estimate is not available, a
statement affirming that no information on the
economic effects of the rule, including the
effect the rule will have on the number of jobs
in the United States, has been considered.
``Sec. 653. Office of Information and Regulatory Affairs publications
``(a) Agency-Specific Information Published Monthly.--Not later
than 30 days after the submission of information pursuant to section
652, the Administrator shall make the information publicly available on
the internet.
``(b) Cumulative Assessment of Agency Rule Making Published
Annually.--
``(1) Publication in the federal register.--Not later than
October 1 of each year, the Administrator shall publish in the
Federal Register, for the 1-year period immediately preceding
the date of publication of this information, the following:
``(A) The information that the Administrator
received from the head of each agency under section
652.
``(B) The number of rules and a list of each rule--
``(i) that was proposed by each agency,
including, for each rule, an indication of
whether the issuing agency conducted an
analysis of the costs or benefits of the rule;
and
``(ii) that was finalized by each agency,
including for each rule an indication of
whether--
``(I) the agency conducted an
analysis of the costs or benefits of
the rule;
``(II) the agency claimed an
exemption from the procedures under
section 553 of this title pursuant to
section 553(b)(B); and
``(III) the rule was issued
pursuant to a statutory mandate or the
rule making is committed to agency
discretion by law.
``(C) The number of agency actions and a list of
each action taken by each agency that--
``(i) repealed a rule;
``(ii) reduced the scope of a rule;
``(iii) reduced the cost of a rule; or
``(iv) accelerated the expiration date of a
rule.
``(D) The total cost (without reducing the cost by
any offsetting benefits) of all rules proposed or
finalized, and the number of rules for which an
estimate of the cost of the rule was not available.
``(2) Publication on the internet.--Not later than October
1 of each year, the Administrator shall make publicly available
on the internet, for the 1-year period immediately preceding
the date of publication of this information, the following:
``(A) The analysis of the costs or benefits, if
conducted, for each proposed rule or final rule issued
by an agency.
``(B) The docket number and regulation identifier
number for each proposed or final rule issued by an
agency.
``(C) The number of rules and a list of each rule
reviewed by the Director of the Office of Management
and Budget, and the authority under which each review
was conducted.
``(D) The number of rules and a list of each rule
for which the head of an agency completed a review
under section 610 of this title.
``(E) The number of rules and a list of each rule
submitted to the Comptroller General of the United
States under section 801 of this title.
``(F) The number of rules and a list of each rule
for which a resolution of disapproval was introduced in
either the House of Representatives or the Senate under
section 802 of this title.
``Sec. 654. Requirement for rules to appear in agency-specific monthly
publication
``(a) In General.--Subject to subsection (b), a rule may not take
effect until the information described in section 652 regarding the
rule has been made publicly available on the internet pursuant to
section 653(a) for not less than 6 months.
``(b) Exceptions.--Subsection (a) shall not apply in the case of a
rule--
``(1) for which the agency issuing the rule claims an
exception under section 553(b)(B) of this title; or
``(2) which the President determines by Executive order
should take effect because the rule is--
``(A) necessary because of an imminent threat to
health or safety or other emergency;
``(B) necessary for the enforcement of criminal
laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing
an international trade agreement.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part I of title 5, United States Code, is amended by striking the item
relating to chapter 5 and inserting the following:
``5. Administrative Procedure.............................. 500
``6. The Analysis of Regulatory Functions.................. 601
``6A. Office of Information and Regulatory Affairs 651''.
Publication of Information
Relating to Rules.
(c) Effective Dates.--
(1) Agency monthly submission to the office of information
and regulatory affairs.--Not later than 30 days after the date
of enactment of this Act, the head of each agency shall submit
to the Administrator of the Office of Information and
Regulatory Affairs of the Office of Management and Budget the
information required under section 652 of title 5, United
States Code, as added by subsection (a) of this Act.
(2) Cumulative assessment of agency rule making.--
(A) In general.--Subsection (b) of section 653 of
title 5, United States Code, as added by subsection (a)
of this Act, shall take effect on the date that is 60
days after the date of enactment of this Act.
(B) Deadline.--The first requirement to publish or
make available, as the case may be, under subsection
(b) of section 653 of title 5, United States Code, as
added by subsection (a) of this Act, shall be the first
October 1 after the effective date of subsection (b).
(C) First publication.--The first publication made
available under section 653(b)(2) of title 5, United
States Code, as added by subsection (a) of this Act,
shall include any analysis of the costs or benefits
conducted for a proposed or final rule during the 10
years preceding the date of enactment of this Act.
(3) Requirement for rules to appear in agency-specific
monthly publication.--Section 654 of title 5, United States
Code, as added by subsection (a) of this Act, shall take effect
on the date that is 8 months after the date of enactment of
this Act.
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