[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4200 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4200

 To amend title 5, United States Code, to provide for the publication, 
  by the Office of Information and Regulatory Affairs, of information 
            relating to rule making, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 19, 2024

 Mr. Lee (for himself and Mr. Marshall) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 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 rule making, 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 2024'' or the ``ALERT Act of 2024''.

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:

``CHAPTER 6A--OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION 
                    OF INFORMATION RELATING TO RULES

``Sec.
``651. Definitions.
``652. Agency monthly submission to Office of Information and 
                            Regulatory Affairs.
``653. Office of Information and Regulatory Affairs publications.
``654. Requirement for rules to appear in agency-specific monthly 
                            publication.
``Sec. 651. Definitions
    ``In this chapter:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Office of Information and Regulatory 
        Affairs of the Office of Management and Budget.
            ``(2) Agency; agency action; rule; rule making.--The terms 
        `agency', `agency action', `rule', and `rule making' have the 
        meanings given those terms in section 551 of this title.
``Sec. 652. Agency monthly submission to Office of Information and 
              Regulatory Affairs
    ``On a monthly basis, the head of each agency shall submit to 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 following year--
                    ``(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 of this 
                title pursuant to section 553(b)(B);
                    ``(D) the stage of the rule making as of the date 
                of submission; and
                    ``(E) whether the rule is subject to review under 
                section 610 of this title.
            ``(2) For each rule that the agency expects to finalize 
        during the following year and 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; and
                    ``(C) any estimate of the economic effects of the 
                rule, including--
                            ``(i) 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
                            ``(ii) if an estimate is not available, a 
                        statement affirming that no information on the 
                        economic effects of the rule, including the 
                        effect the rule will have on the number of jobs 
                        in the United States, has been considered.
``Sec. 653. 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 
652, the Administrator shall make the 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, for the 1-year period immediately preceding 
        the date of publication of this information, the following:
                    ``(A) The information that the Administrator 
                received from the head of each agency under section 
                652.
                    ``(B) The number of rules and a list of each rule--
                            ``(i) that was proposed by each agency, 
                        including, for each 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 rule an indication of 
                        whether--
                                    ``(I) the agency conducted an 
                                analysis of the costs or benefits of 
                                the rule;
                                    ``(II) the agency claimed an 
                                exemption from the procedures under 
                                section 553 of this title 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 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, 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, for the 1-year period immediately preceding 
        the date of publication of this information, the following:
                    ``(A) The analysis of the costs or benefits, if 
                conducted, for each proposed rule or final rule issued 
                by an agency.
                    ``(B) The docket number and regulation identifier 
                number for each proposed or final rule issued by an 
                agency.
                    ``(C) The number of rules and a list of each rule 
                reviewed by the Director of the Office of Management 
                and Budget, and the authority under which each review 
                was conducted.
                    ``(D) The number of rules and a list of each rule 
                for which the head of an agency completed a review 
                under section 610 of this title.
                    ``(E) The number of rules and a list of each rule 
                submitted to the Comptroller General of the United 
                States under section 801 of this title.
                    ``(F) The number of rules and a list of each rule 
                for which a resolution of disapproval was introduced in 
                either the House of Representatives or the Senate under 
                section 802 of this title.
``Sec. 654. 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 described in section 652 regarding the 
rule has been made publicly available on the internet pursuant to 
section 653(a) for not less than 6 months.
    ``(b) Exceptions.--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) of this title; 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.''.
    (b) Technical and Conforming Amendment.--The table of chapters for 
part I of title 5, United States Code, is amended by striking the item 
relating to chapter 5 and inserting the following:

``5.  Administrative Procedure..............................       500 
``6.  The Analysis of Regulatory Functions..................       601 
``6A.  Office of Information and Regulatory Affairs              651''.
                            Publication of Information 
                            Relating to Rules.
    (c) Effective Dates.--
            (1) Agency monthly submission to the office of information 
        and regulatory affairs.--Not later than 30 days after the date 
        of enactment of this Act, the head of each agency shall submit 
        to the Administrator of the Office of Information and 
        Regulatory Affairs of the Office of Management and Budget the 
        information required under section 652 of title 5, United 
        States Code, as added by subsection (a) of this Act.
            (2) Cumulative assessment of agency rule making.--
                    (A) In general.--Subsection (b) of section 653 of 
                title 5, United States Code, as added by subsection (a) 
                of this Act, shall take effect on the date that is 60 
                days after the date of enactment of this Act.
                    (B) Deadline.--The first requirement to publish or 
                make available, as the case may be, under subsection 
                (b) of section 653 of title 5, United States Code, as 
                added by subsection (a) of this Act, shall be the first 
                October 1 after the effective date of subsection (b).
                    (C) First publication.--The first publication made 
                available under section 653(b)(2) of title 5, United 
                States Code, as added by subsection (a) of this Act, 
                shall include any analysis of the costs or benefits 
                conducted for a proposed or final rule during the 10 
                years preceding the date of enactment of this Act.
            (3) Requirement for rules to appear in agency-specific 
        monthly publication.--Section 654 of title 5, United States 
        Code, as added by subsection (a) of this Act, shall take effect 
        on the date that is 8 months after the date of enactment of 
        this Act.
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