[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2953 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2953
To amend title 5, United States Code, to provide for the publication,
by the Office of Information and Regulatory Affairs, of information
relating to rules, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2025
Mr. Palmer introduced the following bill; which was referred to the
Committee on Oversight and Government Reform, and in addition to the
Committee on the Judiciary, 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 provide for the publication,
by the Office of Information and Regulatory Affairs, of information
relating to rules, 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'' or the ``ALERT Act''.
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 new chapter:
``CHAPTER 6A--OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION
OF INFORMATION RELATING TO RULES
``SEC. 651. AGENCY MONTHLY SUBMISSION TO OFFICE OF INFORMATION AND
REGULATORY AFFAIRS.
``On a monthly basis, the head of each agency shall submit to the
Administrator of the Office of Information and Regulatory Affairs
(referred to in this chapter as 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 12-month period following the month covered
by the monthly submission:
``(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 pursuant
to section 553(b)(B).
``(D) The stage of the rule making as of the date
of submission.
``(E) Whether the rule is subject to review under
section 610.
``(2) For any rule for which the agency expects to finalize
during the 12-month period following the month covered by the
monthly submission and 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;
``(C) any estimate of the economic effects of the
rule, including the imposition of unfunded mandates and
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, if no such
estimate is available, a statement affirming that no
information on the economic effects, including the
effect on the number of jobs, of the rule has been
considered; and
``(D) a list of all influential scientific
information disseminated or expected to be disseminated
by the agency relating to the rule, including any peer
review plans for the information, including--
``(i) the date the information or peer
review was or is expected to be received by the
agency;
``(ii) the date the information or peer
review was publically disclosed or is expected
to be publically disclosed, and, if that date
is altered in subsequent reports, a brief
explanation for the change; and
``(iii) the Internet address of the
information or peer review completed and
disclosed or of where the information or peer
review will be found, once completed and
disclosed.
``SEC. 652. 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
651, the Administrator shall make such 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 the following, with respect to the previous
year:
``(A) The information that the Administrator
received from the head of each agency under section
651.
``(B) The number of rules and a list of each such
rule--
``(i) that was proposed by each agency,
including, for each such 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 such rule an indication of
whether--
``(I) the issuing agency conducted
an analysis of the costs or benefits of
the rule;
``(II) the agency claimed an
exemption from the procedures under
section 553 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 such 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, the total cost of any unfunded mandates
imposed by all such rules, 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 the following:
``(A) The analysis of the costs or benefits, if
conducted, for each proposed rule or final rule issued
by an agency for the previous year.
``(B) The docket number and regulation identifier
number for each proposed or final rule issued by an
agency for the previous year.
``(C) The number of rules and a list of each such
rule reviewed by the Director of the Office of
Management and Budget for the previous year, and the
authority under which each such review was conducted.
``(D) The number of rules and a list of each such
rule for which the head of an agency completed a review
under section 610 for the previous year.
``(E) The number of rules and a list of each such
rule submitted to the Comptroller General under section
801.
``(F) The number of rules and a list of each such
rule for which a resolution of disapproval was
introduced in either the House of Representatives or
the Senate under section 802.
``SEC. 653. 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 required to be made publicly available on
the Internet regarding such rule pursuant to section 652(a) has been so
available for not less than 6 months.
``(b) Exceptions.--The requirement of 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); 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.
``SEC. 654. DEFINITIONS.
``In this chapter, the terms `agency', `agency action', `rule', and
`rule making' have the meanings given those terms in section 551, and
the term `unfunded mandate' has the meaning given the term `Federal
mandate' in section 421(6) of the Congressional Budget Act of 1974 (2
U.S.C. 658(6)).''.
(b) Technical and Conforming Amendment.--The table of chapters for
part I of title 5, United States Code, is amended by inserting after
the item relating to chapter 5, the following:
``6. The Analysis of Regulatory Functions 601.
``6A. Office of Information and Regulatory Affairs Publication of
Information Relating to Rules 651''.
(c) Effective Dates.--
(1) Agency monthly submission to the office of information
and regulatory affairs.--The first submission required pursuant
to section 651 of title 5, United States Code, as added by
subsection (a), shall be submitted not later than 30 days after
the date of the enactment of this Act, and monthly thereafter.
(2) Cumulative assessment of agency rule making.--
(A) In general.--Subsection (b) of section 652 of
title 5, United States Code, as added by subsection
(a), shall take effect on the date that is 60 days
after the date of the enactment of this Act.
(B) Deadline.--The first requirement to publish or
make available, as the case may be, under subsection
(b) of section 652 of title 5, United States Code, as
added by subsection (a), shall be the first October 1
after the effective date of such subsection.
(C) First publication.--The requirement under
section 652(b)(2)(A) of title 5, United States Code, as
added by subsection (a), shall include for the first
publication, any analysis of the costs or benefits
conducted for a proposed or final rule, for the 10
years before the date of the enactment of this Act.
(3) Requirement for rules to appear in agency-specific
monthly publication.--Section 653 of title 5, United States
Code, as added by subsection (a), shall take effect on the date
that is 8 months after the date of the enactment of this Act.
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