[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2804 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2804

 To amend title 5, United States Code, to require the Administrator of 
the Office of Information and Regulatory Affairs to publish information 
          about rules on the Internet, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2013

Mr. Holding (for himself, Mr. Bachus, Mr. Coble, Mr. Franks of Arizona, 
Mr. Chabot, Mr. Marino, Mr. Collins of Georgia, Mr. Smith of Missouri, 
 and Mr. LaMalfa) 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 require the Administrator of 
the Office of Information and Regulatory Affairs to publish information 
          about rules on the Internet, 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 2013'' or the ``ALERT Act of 2013''.

SEC. 2. OIRA PUBLICATION OF INFORMATION RELATING TO RULES.

    Title 5, United States Code, is amended by inserting after chapter 
6, the following new chapter:

    ``CHAPTER 6A.--OIRA PUBLICATION OF INFORMATION RELATING TO RULES

``Sec. 650. Agency monthly submission to OIRA
    ``Not later than 30 days after the date of the enactment of the All 
Economic Regulations are Transparent Act of 2013, and monthly 
thereafter, 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, for each rule that the agency 
expects to propose or finalize during the upcoming year--
            ``(1) a summary of the nature of the rule, including the 
        regulation identifier number and the docket number for the 
        rule;
            ``(2) the objectives of and legal basis for the issuance of 
        the rule, including--
                    ``(A) any statutory or judicial deadline;
                    ``(B) 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;
            ``(3) whether the agency plans to claim an exemption from 
        the requirements of section 553 pursuant to section 553(b)(B);
            ``(4) the stage of the rule making as of the date of 
        submission;
            ``(5) whether the rule is subject to review under section 
        610;
            ``(6) for any rule 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.
``Sec. 651. OIRA publications
    ``(a) Agency-Specific Information Published Monthly.--Not later 
than 60 days after the date of the enactment of the All Economic 
Regulations are Transparent Act of 2013, and monthly thereafter, the 
Administrator shall make publicly available on the Internet the 
information that the Administrator receives from the head of each 
agency under section 650.
    ``(b) Cumulative Assessment of Agency Rule Making Published 
Annually.--
            ``(1) Publication in the federal register.--Beginning on 
        April 1 or October 1, whichever comes first, and annually 
        thereafter, the Administrator shall publish in the Federal 
        Register, for the preceding year--
                    ``(A) the information that the Administrator 
                received from the head of each agency under section 
                650;
                    ``(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;
                            ``(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; and
                    ``(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.--Beginning on April 1 or 
        October 1, whichever comes first, and annually thereafter, the 
        Administrator shall make publicly available on the Internet--
                    ``(A) the analysis of the costs or benefits, if 
                conducted, for each proposed rule or final rule issued 
                by an agency for the preceding year (as well as, for 
                the first publication, any analysis of the costs or 
                benefits conducted for a proposed or final rule, for 
                the 10 years preceding the date of the enactment of the 
                All Economic Regulations are Transparent Act of 2013);
                    ``(B) the docket number and regulation identifier 
                number for each proposed or final rule issued by an 
                agency for the preceding 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 preceding 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 preceding year;
                    ``(E) the number of rules and a list of each such 
                rule submitted to the Comptroller General under section 
                801; and
                    ``(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.
            ``(3) Effective date.--Paragraphs (1) and (2) shall take 
        effect on the date that is 60 days after the date of the 
        enactment of the All Economic Regulations are Transparent Act 
        of 2103.
``Sec. 652. 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 651(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. 653. Definitions
    ``In this chapter, the terms `agency', `agency action', and `rule' 
have the meanings given those terms in section 551.''.
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