119-hr2953

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2953 Introduced in House

    (IH) ]

<DOC>

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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