What This Bill Does
This bill requires government agencies to tell the Office of Information and Regulatory Affairs (OIRA) about new rules they plan to make each month. The OIRA must then publish this information online and in the Federal Register so the public can see what rules are coming. Most rules cannot take effect until they have been publicly posted for at least 6 months.
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Who It Affects
- Federal government agencies that create rules
- The Office of Information and Regulatory Affairs (the office that oversees federal regulations)
- The general public who want to know about upcoming government rules
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Key Provisions
- Agencies must submit information to OIRA each month about rules they expect to propose or finalize in the next 12 months, including the rule's purpose, legal basis, estimated cost, and any scientific information being used (Sec. 651)
- OIRA must make this information available to the public on the internet within 30 days of receiving it from agencies (Sec. 652)
- OIRA must publish a yearly summary in the Federal Register and online listing all proposed and finalized rules from the previous year, whether cost analyses were done, and which rules were changed or repealed (Sec. 652)
- New rules cannot take effect until the public has had access to the information about them for at least 6 months, with exceptions for emergencies, criminal enforcement, national security, or trade agreements (Sec. 653)
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What Changes
If this bill becomes law, agencies will need to report monthly to OIRA about planned rules. The public will be able to see detailed information about upcoming regulations on the internet within 30 days. There will be a mandatory waiting period of 6 months after a rule is published before it can take effect, giving people time to review and respond to proposed rules.
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Important Definitions
The bill uses the same definitions for "agency," "rule," and "rulemaking" that already exist in federal law. An "unfunded mandate" means a requirement imposed by the federal government that must be paid for by states or local governments without federal funding.
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Effective Date
Agencies must start submitting monthly information within 30 days of the bill becoming law. The annual publication requirement begins 60 days after the bill becomes law, with the first full report due by October 1 of the following year. The 6-month waiting period for rules takes effect 8 months after the bill becomes law.
IB
Union Calendar No. 739
118TH CONGRESS
2D SESSION
H. R. 262
[Report No. 118–904, Part I]
To amend title 5, United States Code, to provide for the publication, by
the Office of Information and Regulatory Affairs, of information relating
to rulemakings, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 10, 2023
Mr. GOOD of Virginia (for himself, Mr. MCCLINTOCK, Mrs. MILLER of Illinois,
and Mr. MOORE of Alabama) introduced the following bill; which was re-
ferred to the Committee on Oversight and Accountability, and in addition
to the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
DECEMBER 18, 2024
Reported from the Committee on Oversight and Accountability with an
amendment
[Strike out all after the enacting clause and insert the part printed in italic]
DECEMBER 18, 2024
Committee on the Judiciary discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on January 10, 2023]
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•HR 262 RH
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 rulemakings, and for
other purposes.
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•HR 262 RH
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘All Economic Regula-
4
tions are Transparent Act’’ or the ‘‘ALERT Act’’.
5
SEC. 2. OFFICE OF INFORMATION AND REGULATORY AF-
6
FAIRS PUBLICATION OF INFORMATION RE-
7
LATING TO RULES.
8
(a) AMENDMENT.—Title 5, United States Code, is
9
amended by inserting after chapter 6 the following new
10
chapter:
11
‘‘CHAPTER 6A—OFFICE OF INFORMATION
12
AND REGULATORY AFFAIRS PUBLICA-
13
TION OF INFORMATION RELATING TO
14
RULES
15
‘‘Sec.
‘‘651. Agency monthly submission to office of information and regulatory affairs.
‘‘652. Office of information and regulatory affairs publications.
‘‘653. Requirement for rules to appear in agency-specific monthly publication.
‘‘654. Definitions.
‘‘§ 651. Agency monthly submission to office of infor-
16
mation and regulatory affairs
17
‘‘On a monthly basis, the head of each agency shall
18
submit to the Administrator of the Office of Information
19
and Regulatory Affairs (referred to in this chapter as the
20
‘Administrator’), in such a manner as the Administrator
21
may reasonably require, the following information:
22
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•HR 262 RH
‘‘(1) For each rule that the agency expects to
1
propose or finalize during the 12-month period fol-
2
lowing the month covered by the monthly submission:
3
‘‘(A) A summary of the nature of the rule,
4
including the regulation identifier number and
5
the docket number for the rule.
6
‘‘(B) The objectives of and legal basis for the
7
issuance of the rule, including—
8
‘‘(i) any statutory or judicial deadline;
9
and
10
‘‘(ii) whether the legal basis restricts or
11
precludes the agency from conducting an
12
analysis of the costs or benefits of the rule
13
during the rule making, and if not, whether
14
the agency plans to conduct an analysis of
15
the costs or benefits of the rule during the
16
rule making.
17
‘‘(C) Whether the agency plans to claim an
18
exemption from the requirements of section 553
19
pursuant to section 553(b)(B).
20
‘‘(D) The stage of the rule making as of the
21
date of submission.
22
‘‘(E) Whether the rule is subject to review
23
under section 610.
24
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•HR 262 RH
‘‘(2) For any rule for which the agency expects
1
to finalize during the 12-month period following the
2
month covered by the monthly submission and has
3
issued a general notice of proposed rule making—
4
‘‘(A) an approximate schedule for com-
5
pleting action on the rule;
6
‘‘(B) an estimate of whether the rule will
7
cost—
8
‘‘(i) less than $50,000,000;
9
‘‘(ii) $50,000,000 or more but less than
10
$100,000,000;
11
‘‘(iii) $100,000,000 or more but less
12
than $500,000,000;
13
‘‘(iv) $500,000,000 or more but less
14
than $1,000,000,000;
15
‘‘(v) $1,000,000,000 or more but less
16
than $5,000,000,000;
17
‘‘(vi) $5,000,000,000 or more but less
18
than $10,000,000,000; or
19
‘‘(vii) $10,000,000,000 or more;
20
‘‘(C) any estimate of the economic effects of
21
the rule, including the imposition of unfunded
22
mandates and any estimate of the net effect that
23
the rule will have on the number of jobs in the
24
United States, that was considered in drafting
25
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•HR 262 RH
the rule, or, if no such estimate is available, a
1
statement affirming that no information on the
2
economic effects, including the effect on the num-
3
ber of jobs, of the rule has been considered; and
4
‘‘(D) a list of all influential scientific infor-
5
mation disseminated or expected to be dissemi-
6
nated by the agency relating to the rule, includ-
7
ing any peer review plans for the information,
8
including—
9
‘‘(i) the date the information or peer
10
review was or is expected to be received by
11
the agency;
12
‘‘(ii) the date the information or peer
13
review was publically disclosed or is ex-
14
pected to be publically disclosed, and, if that
15
date is altered in subsequent reports, a brief
16
explanation for the change; and
17
‘‘(iii) the Internet address of the infor-
18
mation or peer review completed and dis-
19
closed or of where the information or peer
20
review will be found, once completed and
21
disclosed.
22
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•HR 262 RH
‘‘§ 652. Office of information and regulatory affairs
1
publications
2
‘‘(a) AGENCY-SPECIFIC
INFORMATION
PUBLISHED
3
MONTHLY.—Not later than 30 days after the submission of
4
information pursuant to section 651, the Administrator
5
shall make such information publicly available on the Inter-
6
net.
7
‘‘(b) CUMULATIVE ASSESSMENT
OF AGENCY RULE
8
MAKING PUBLISHED ANNUALLY.—
9
‘‘(1) PUBLICATION
IN
THE
FEDERAL
REG-
10
ISTER.—Not later than October 1 of each year, the
11
Administrator shall publish in the Federal Register
12
the following, with respect to the previous year:
13
‘‘(A) The information that the Adminis-
14
trator received from the head of each agency
15
under section 651.
16
‘‘(B) The number of rules and a list of each
17
such rule—
18
‘‘(i) that was proposed by each agency,
19
including, for each such rule, an indication
20
of whether the issuing agency conducted an
21
analysis of the costs or benefits of the rule;
22
and
23
‘‘(ii) that was finalized by each agen-
24
cy, including for each such rule an indica-
25
tion of whether—
26
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•HR 262 RH
‘‘(I) the issuing agency conducted
1
an analysis of the costs or benefits of
2
the rule;
3
‘‘(II) the agency claimed an ex-
4
emption from the procedures under sec-
5
tion 553 pursuant to section 553(b)(B);
6
and
7
‘‘(III) the rule was issued pursu-
8
ant to a statutory mandate or the rule
9
making is committed to agency discre-
10
tion by law.
11
‘‘(C) The number of agency actions and a
12
list of each such action taken by each agency
13
that—
14
‘‘(i) repealed a rule;
15
‘‘(ii) reduced the scope of a rule;
16
‘‘(iii) reduced the cost of a rule; or
17
‘‘(iv) accelerated the expiration date of
18
a rule.
19
‘‘(D) The total cost (without reducing the
20
cost by any offsetting benefits) of all rules pro-
21
posed or finalized, the total cost of any unfunded
22
mandates imposed by all such rules, and the
23
number of rules for which an estimate of the cost
24
of the rule was not available.
25
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•HR 262 RH
‘‘(2) PUBLICATION ON THE INTERNET.—Not later
1
than October 1 of each year, the Administrator shall
2
make publicly available on the Internet the following:
3
‘‘(A) The analysis of the costs or benefits, if
4
conducted, for each proposed rule or final rule
5
issued by an agency for the previous year.
6
‘‘(B) The docket number and regulation
7
identifier number for each proposed or final rule
8
issued by an agency for the previous year.
9
‘‘(C) The number of rules and a list of each
10
such rule reviewed by the Director of the Office
11
of Management and Budget for the previous
12
year, and the authority under which each such
13
review was conducted.
14
‘‘(D) The number of rules and a list of each
15
such rule for which the head of an agency com-
16
pleted a review under section 610 for the pre-
17
vious year.
18
‘‘(E) The number of rules and a list of each
19
such rule submitted to the Comptroller General
20
under section 801.
21
‘‘(F) The number of rules and a list of each
22
such rule for which a resolution of disapproval
23
was introduced in either the House of Represent-
24
atives or the Senate under section 802.
25
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•HR 262 RH
‘‘§ 653. Requirement for rules to appear in agency-spe-
1
cific monthly publication
2
‘‘(a) IN GENERAL.—Subject to subsection (b), a rule
3
may not take effect until the information required to be
4
made publicly available on the Internet regarding such rule
5
pursuant to section 652(a) has been so available for not less
6
than 6 months.
7
‘‘(b) EXCEPTIONS.—The requirement of subsection (a)
8
shall not apply in the case of a rule—
9
‘‘(1) for which the agency issuing the rule claims
10
an exception under section 553(b)(B); or
11
‘‘(2) which the President determines by Execu-
12
tive order should take effect because the rule is—
13
‘‘(A) necessary because of an imminent
14
threat to health or safety or other emergency;
15
‘‘(B) necessary for the enforcement of crimi-
16
nal laws;
17
‘‘(C) necessary for national security; or
18
‘‘(D) issued pursuant to any statute imple-
19
menting an international trade agreement.
20
‘‘§ 654. Definitions
21
‘‘In this chapter, the terms ‘agency’, ‘agency action’,
22
‘rule’, and ‘rule making’ have the meanings given those
23
terms in section 551, and the term ‘unfunded mandate’ has
24
the meaning given the term ‘Federal mandate’ in section
25
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•HR 262 RH
421(6) of the Congressional Budget Act of 1974 (2 U.S.C.
1
658(6)).’’.
2
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
3
table of chapters for part I of title 5, United States Code,
4
is amended by inserting after the item relating to chapter
5
5, the following:
6
‘‘6. The Analysis of Regulatory Functions 601
‘‘6A. Office of Information and Regulatory Affairs Publication of Information Re-
lating to Rules 651’’.
(c) EFFECTIVE DATES.—
7
(1) AGENCY MONTHLY SUBMISSION TO THE OF-
8
FICE OF INFORMATION AND REGULATORY AFFAIRS.—
9
The first submission required pursuant to section 651
10
of title 5, United States Code, as added by subsection
11
(a), shall be submitted not later than 30 days after
12
the date of the enactment of this Act, and monthly
13
thereafter.
14
(2) CUMULATIVE ASSESSMENT OF AGENCY RULE
15
MAKING.—
16
(A) IN GENERAL.—Subsection (b) of section
17
652 of title 5, United States Code, as added by
18
subsection (a), shall take effect on the date that
19
is 60 days after the date of the enactment of this
20
Act.
21
(B) DEADLINE.—The first requirement to
22
publish or make available, as the case may be,
23
under subsection (b) of section 652 of title 5,
24
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•HR 262 RH
United States Code, as added by subsection (a),
1
shall be the first October 1 after the effective date
2
of such subsection.
3
(C) FIRST PUBLICATION.—The requirement
4
under section 652(b)(2)(A) of title 5, United
5
States Code, as added by subsection (a), shall in-
6
clude for the first publication, any analysis of
7
the costs or benefits conducted for a proposed or
8
final rule, for the 10 years before the date of the
9
enactment of this Act.
10
(3) REQUIREMENT FOR RULES TO APPEAR IN
11
AGENCY-SPECIFIC
MONTHLY
PUBLICATION.—Section
12
653 of title 5, United States Code, as added by sub-
13
section (a), shall take effect on the date that is 8
14
months after the date of the enactment of this Act.
15
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Union Calendar No. 739
118TH CONGRESS
2D SESSION
H. R. 262
[Report No. 118–904, Part I]
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 rulemakings, and for other purposes.
DECEMBER 18, 2024
Reported from the Committee on Oversight and
Accountability with an amendment
DECEMBER 18, 2024
Committee on the Judiciary discharged; committed to the
Committee of the Whole House on the State of the
Union and ordered to be printed
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