HR 262 — ALERT Act

262 IntroducedReported in House (IH)](RH)] <DOC> 118thUnion CONGRESSCalendar 1stNo. Session H.

739 118th CONGRESS 2d Session H.

262 To[Report amendNo. 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.

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.

which was referred to the Committee on Oversight and Accountability, 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 _______________________________________________________________________December A18, BILL2024 ToReported amendfrom titlethe 5,Committee Unitedon StatesOversight Code,and toAccountability providewith foran theamendment publication,[Strike byout theall Officeafter ofthe Informationenacting clause and Regulatoryinsert Affairs,the ofpart informationprinted relatingin toitalic] rulemakings,December and18, for2024 otherCommittee purposes.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] _______________________________________________________________________ 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.

This Act may be cited as the ``All Economic Regulations are Transparent ActAct'' of 2023'' or the ``ALERT ActAct''. of 2023''.

(a) Amendment.--Title 5, United States Code, is amended by inserting after chapter 6,6 the following new chapter:

651.``651.

``Sec.``652.

652.

``Sec.``653.

653.

``Sec.``654.

654.

``SEC.``Sec.

AGENCYAgency MONTHLYmonthly SUBMISSIONsubmission TOto OFFICEoffice OFof INFORMATIONinformation ANDand REGULATORYregulatory AFFAIRS.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:

``On``(1) aFor monthly basis, the head of each agencyrule shallthat submit to the Administratoragency ofexpects the Office of Information and Regulatory Affairs (referred to inpropose thisor chapterfinalize asduring the `Administrator'),12-month inperiod suchfollowing a manner as the Administratormonth maycovered reasonablyby require, the followingmonthly information:submission:

``(1) For each rule that the agency expects to propose or finalize during the following year:

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 rulemaking,rule making, and if not, whether the agency plans to conduct an analysis of the costs or benefits of the rule during the rulemaking.rule making.

``(D) The stage of the rulemakingrule making as of the date of submission.

``(2) For any rule for which the agency expects to finalize during the 12-month period following yearthe month covered by the monthly submission and has issued a general notice of proposed rulemaking--rule making-- ``(A) an approximate schedule for completing action on the rule;

and ``(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.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;

Ifand such``(D) estimatea islist notof available,all ainfluential statementscientific affirminginformation thatdisseminated noor informationexpected onto be disseminated by the economicagency effects,relating includingto the effectrule, onincluding any peer review plans for the numberinformation, ofincluding-- jobs,``(i) ofthe date the ruleinformation hasor beenpeer considered.review was or is expected to be received by the agency;

``SEC.``(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.

OFFICEOffice OFof INFORMATIONinformation ANDand REGULATORYregulatory AFFAIRSaffairs PUBLICATIONS.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.

``(a)``(b) Agency-SpecificCumulative InformationAssessment Publishedof Monthly.--NotAgency laterRule thanMaking 30Published daysAnnually.-- after``(1) Publication in the submissionfederal ofregister.--Not informationlater pursuantthan toOctober section1 651,of each year, the Administrator shall makepublish suchin informationthe publiclyFederal availableRegister onthe following, with respect to the Internet.previous year:

``(b) Cumulative Assessment of Agency Rulemaking 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 previous year the following:

and ``(III) the rule was issued pursuant to a statutory mandate or the rulemakingrule making is committed to agency discretion by law.

``(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.

``SEC.``Sec.

REQUIREMENTRequirement FORfor RULESrules TOto APPEARappear INin AGENCY-SPECIFICagency-specific MONTHLYmonthly PUBLICATION.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.

``(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.

``SEC.``Sec.

DEFINITIONS.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.

``In658(6)).''. this chapter, the terms `agency', `agency action', `rule', and `rulemaking' have the meanings given those terms in section 551.''.

The Analysis of Regulatory Functions..................Functions 601 ``6A.

601Office ``6A.of Information and Regulatory Affairs Publication of Information Relating to Rules 651''.