[House Report 113-354]
[From the U.S. Government Publishing Office]


113th Congress                                            Rept. 113-354
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================



 
          ALL ECONOMIC REGULATIONS ARE TRANSPARENT ACT OF 2014

                                _______
                                

 February 21, 2014.--Committed to the Committee of the Whole House on 
           the State of the Union; and ordered to be printed

                                _______
                                

   Mr. Issa, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 2804]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (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, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

Committee Statement and Views....................................     4
Section-by-Section...............................................     6
Explanation of Amendments........................................     7
Committee Consideration..........................................     7
Roll Call Votes..................................................     7
Correspondence...................................................     9
Application of Law to the Legislative Branch.....................    11
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    11
Statement of General Performance Goals and Objectives............    11
Duplication of Federal Programs..................................    11
Disclosure of Directed Rule Makings..............................    11
Federal Advisory Committee Act...................................    11
Unfunded Mandate Statement.......................................    11
Earmark Identification...........................................    11
Committee Estimate...............................................    12
Budget Authority and Congressional Budget Office Cost Estimate...    12
Changes in Existing Law Made by the Bill as Reported.............    13
Minority Views...................................................    17

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``All Economic Regulations are 
Transparent Act of 2014'' or the ``ALERT Act of 2014''.

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.
``652. Office of Information and Regulatory Affairs Publications.
``653. Requirement for rules to appear in agency-specific monthly 
publication.
``654. Definitions.

``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 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 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 following year 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; and
                  ``(C) any estimate of the economic effects of the 
                rule, including 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. If 
                such estimate is not 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.

``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, for the previous year the following:
                  ``(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, 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.''.
  (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               651''.
                            Publication of Information 
                            Relating to Rules.

  (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.

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    Even as federal regulatory activity proliferates, 
transparency of the regulatory process is diminishing. 
Regulatory transparency is essential for public participation. 
To enhance transparency and public participation in the 
regulatory process, H.R. 2804, the ALERT Act of 2014, requires 
that the public be apprised in a timelier manner about upcoming 
rulemaking activity.
    The ALERT Act requires agencies to submit monthly 
regulatory updates to the Office of Information and Regulatory 
Affairs (OIRA), which will be required to make publicly 
available on the Internet, for all rules expected to be 
proposed or released in the upcoming year. The updates will 
include a summary, the objective of each rule, its legal basis, 
and other information. If a notice of proposed rulemaking has 
been issued for a rule, the update must include a schedule for 
completing the rulemaking, an estimate of the cost, and the 
economic effects considered. A rule must be noticed for at 
least six months before it can become effective.
    The bill requires OIRA to publish each October 1st two 
annual cumulative assessments of agency rulemaking. One 
assessment, to be published in the Federal Register, provides 
information about regulatory activity of the past year, 
including the number of rules issued, any deregulatory actions, 
and information received in the monthly updates. The other 
assessment, to be published on the Internet provides 
information about the regulatory review process during the past 
year, including cost-benefit analyses, the number of OIRA 
reviews, and rules submitted to the Government Accountability 
Office under the Congressional Review Act.

                  BACKGROUND AND NEED FOR LEGISLATION

    In recent years, regulatory transparency has diminished, 
giving the public less time to prepare for the opportunity to 
participate in the regulatory process and less time to prepare 
for the impact of the regulation itself. Currently, the primary 
regulatory transparency tools are the government-wide semi-
annual Unified Agenda of Regulatory and Deregulatory Actions 
and annual agency Regulatory Plans, both required under 
Executive Order 12866.\1\ These tools are intended to provide 
notice and transparency into both near term and long term 
anticipated regulatory activity.
---------------------------------------------------------------------------
    \1\Exec. Order No. 12866, Regulatory Planning and Review, 58 Fed. 
Reg. 51735 (Sept. 30, 1993).
---------------------------------------------------------------------------
    However, the current Administration has failed to issue 
these publications on time and, in one case, completely failed 
to issue the publication. Traditionally the Unified Agenda has 
been issued in April and October of each year and the Executive 
Order requires that the Regulatory Plans be issued with the 
October agenda.\2\ The Administration never issued the Spring 
2012 Unified Agenda and the Fall 2012 edition was issued in 
late December.\3\ In 2013, the Spring Unified Agenda was issued 
in July and the Fall Unified Agenda was issued in late 
November, but it was not published in the Federal Register 
until January 2014.\4\
---------------------------------------------------------------------------
    \2\See Exec. Order No. 12291, Federal Regulation, 3 C.F.R. 127 
(Feb. 17, 1981), and Exec. Order No. 12866, Regulatory Planning and 
Review, 58 Fed. Reg. 51735 (Sept. 30, 1993).
    \3\See Leland E. Beck, OMB Releases Fall 2012 Unified Agenda & 
Regulatory Plan: Meaning What?, Federal Regulations Advisor (Dec. 22, 
2012), http://www.fedregsadvisor.com/2012/12/22/omb-releases-fall-2012-
unified-agenda-regulatory-plan-meaning-what/.
    \4\See Sofie Miller, New Regulatory Agenda Lists Thousands of New 
Rules, Reg. Studies Center GWU (July 10, 2013) available at: http://
research.columbian.gwu.edu/regulatorystudies/sites/ default/files/u41/
20130710_spring2013unifiedagenda.pdf, Leland E. Beck, Fall 2013 Unified 
Agenda Published: Something New, Something Old, Federal Regulations 
Advisor (Nov. 27, 2013), http://www.fedregsadvisor.com/2013/11/27/fall-
2013-unified-agenda-published-something-new-something-old/, and 
Introduction to the Unified Agenda of Federal Regulatory and 
Deregulatory Actions, 79 Fed. Reg. 895 (Jan. 7, 2014).
---------------------------------------------------------------------------
    Additionally, OIRA Administrators under the current 
Administration have actively sought to shrink the scope of the 
Unified Agenda.\5\ The Executive Order requires agencies to 
provide information for the Unified Agenda for ``all 
regulations under development or review.''\6\ However, in June 
2012, OIRA Administrator Cass Sunstein issued a memorandum 
encouraging agencies to reduce the number of rules included on 
the agenda, by removing rules that are listed as long term or 
rules that are not expected to move forward within the next 
year.\7\ In 2013, Administrator Howard Shelanski issued a 
substantially similar memorandum.\8\
---------------------------------------------------------------------------
    \5\Clyde Wayne Crews, Big Sexy Holiday Fun with the Unified Agenda 
of Federal Regulations, Forbes (Dec. 2, 2013) available at: http://
www.forbes.com/sites/waynecrews/2013/12/02/big-sexy-holiday-fun-with-
the-unified-agenda-of-federal-regulations/.
    \6\Exec. Order No. 12866, Regulatory Planning and Review, 58 Fed. 
Reg. 51735 (Sept. 30, 1993).
    \7\Memorandum from OIRA Admin. Cass Sunstein ``Fall 2012 Regulatory 
Plan and Unified Agenda of Federal Regulatory and Deregulatory 
Actions'' (Jun. 13, 2012).
    \8\Memorandum from OIRA Admin. Howard Shelanski ``Fall 2013 
Regulatory Plan and Unified Agenda of Federal Regulatory and 
Deregulatory Actions'' (Aug. 7, 2013).
---------------------------------------------------------------------------
    The ALERT Act will modernize and expand the regulatory 
transparency tools available to the public by requiring 
agencies to make monthly updates for rules that are anticipated 
to be proposed or finalized within the upcoming year. The ALERT 
Act also creates a statutory deadline for OIRA to submit 
information to the public about the rulemaking process and 
regulatory effects from rules issued and proposed during the 
past year. The regulatory transparency tools in the ALERT Act 
will create greater certainty about anticipated regulatory 
action and the effects of such action on the public.

                          LEGISLATIVE HISTORY

    The ALERT Act was introduced by Representative George 
Holding on July 24, 2013. The bill was referred to the House 
Committee on Oversight and Government Reform and the House 
Committee on the Judiciary. At the Oversight Committee, H.R. 
2804 was considered during a business meeting on February 11, 
2014. After amending the ALERT Act, the Committee favorably 
reported it to the full House by roll call vote of 19-15.

                           Section-by-Section


Section 1: Short title

    States that this Act may be cited as the ``All Economic 
Regulations are Transparent Act of 2014,'' or the ``ALERT Act 
of 2014.''

Section 2: Office of Information and Regulatory Affairs publication of 
        information relating to rules

Subsection (a). Amendment

    Amends Title 5 of the United States Code by inserting 
``Chapter 6A--OIRA Publication of Information Relating to 
Rules,'' which includes the following sections:
            Section 651. Agency monthly submission to OIRA
    Requires agency heads to submit a monthly update to the 
Administrator of the Office of Information and Regulatory 
Affairs (OIRA) that includes each rule the agency expects to 
propose or finalize in the upcoming year. The monthly updates, 
for each rule, include: a summary, objectives, legal basis, 
whether comments will be requested on the proposed rule, the 
stage of the rulemaking process, and whether the rule is 
subject to a regulatory review under 5 U.S.C. 610. If a notice 
of proposed rulemaking has been issued for a rule, the agency 
must also include a schedule for completion, an estimate of the 
cost and any information.
            Section 652. OIRA Publications
    Requires the Administrator to make the monthly updates 
publicly available on the Internet.
    Requires the Administrator to publish an annual cumulative 
assessment of agency rulemaking in the Federal Register. The 
following information will be included: information received in 
the monthly submissions, cost and benefit analyses of rules, 
agency action that reduced the scope of the regulatory state, 
the total costs of rules, and the total number of rules for 
which a cost estimate was unavailable.
    Requires the OIRA Administrator to make publicly available 
on the Internet on an annual basis certain information about 
the review and analysis of each proposed or finalized rule. The 
following information will be included: cost and benefits 
analyses, docket numbers, regulatory identifier number, the 
number and a list of rules reviewed by OIRA, and the number and 
list of rules covered under the Congressional Review Act. The 
first publication will require the cost and benefit analyses 
for all proposed and final rules in the past 10 years.
            Section 653. Requirement for rules to appear in agency-
                    specific monthly publication
    Provides that a rule may not take effect until the monthly 
submission to OIRA has been publicly available on the Internet 
for not less than 6 months. The 6-month requirement does not 
apply to rules that do not require notice and public comment 
and rules the President issues an Executive Order declaring 
necessary.
            Section 654. Definitions
    Defines agency, agency action, rule and rule making as 
having the meaning given those terms in 5 U.S.C. 551.

Subsection (b). Technical and conforming amendment

    This subsection amends the table of chapters for part I of 
title 5 of the U.S.C.

Subsection (c). Effective dates

    This subsection establishes effective dates for the monthly 
updates and OIRA publications, and provides that the 6 month 
requirement not take effect until 8 months after enactment.

                       Explanation of Amendments

    Representative Doug Collins offered an amendment in the 
nature of a substitute which made technical corrections to the 
legislation. The amendment clarified that the six-month notice 
requirement would go into effect six months after OIRA was 
required to first post the information on the Internet. The 
amendment also clarified that the annual cumulative assessments 
are required to be published on October 1 of each year. The 
amendment, as amended, was agreed to by a roll call vote of 19 
yeas to 15 nays.
    Representative Rob Woodall offered an amendment to the 
Collins amendment in the nature of a substitute that added a 
requirement to the agency monthly updates. Agencies must 
include, for each rule that has had a notice of proposed 
rulemaking issued, an estimate of the economic effects of the 
rule, including the effect on jobs, or make an affirmative 
statement that no economic information was considered. The 
amendment was agreed to by a voice vote.

                        Committee Consideration

    On February 11, 2014, the Committee met in open session and 
ordered reported favorably the bill, H.R. 2804, as amended, by 
roll call vote of 19 yeas to 15 nays, a quorum being present.

                            Roll Call Votes


              COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM

                     113TH CONGRESS--RATIO (23-18)

                               ROLL CALL

    Meeting on: H.R. 2804, ALERT Act of 2013 Date: 2/11/14

Vote on: Collins ANS Vote # 1

----------------------------------------------------------------------------------------------------------------
           Republicans               Yea      Nay     Present        Democrats         Yea      Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Issa (CA) (Chairman).........       X   .......  .........  Mr. Cummings (MD)    .......  .......  .........
                                                                 (Ranking).
Mr. Mica (FL)....................       X   .......  .........  Mrs. Maloney (NY)..  .......  .......  .........
Mr. Turner (OH)..................       X   .......  .........  Ms. Norton (DC)....  .......  .......  .........
Mr. Duncan (TN)..................  .......  .......  .........  Mr. Tierney (MA)...  .......  .......  .........
Mr. McHenry (NC).................       X   .......  .........  Mr. Clay (MO)......  .......  .......  .........
Mr. Jordan (OH)..................       X   .......  .........  Mr. Lynch (MA).....  .......  .......  .........
Mr. Chaffetz (UT)................       X   .......  .........  Mr. Cooper (TN)....  .......  .......  .........
Mr. Walberg (MI).................       X   .......  .........  Mr. Connolly (VA)..  .......  .......  .........
Mr. Lankford (OK)................       X   .......  .........  Ms. Speier (CA)....  .......  .......  .........
Mr. Amash (MI)...................       X   .......  .........  Mr. Cartwright (PA)  .......  .......  .........
Mr. Gosar (AZ)...................  .......  .......  .........  Ms. Duckworth (IL).  .......  .......  .........
Mr. Meehan (PA)..................  .......  .......  .........  Ms. Kelly (IL).....  .......  .......  .........
Mr. DesJarlais (TN)..............       X   .......  .........  Mr. Davis (IL).....  .......  .......  .........
Mr. Gowdy (SC)...................       X   .......  .........  Mr. Welch (VT).....  .......  .......  .........
Mr. Farenthold (TX)..............       X   .......  .........  Mr. Cardenas (CA)..  .......  .......  .........
Mr. Hastings (WA)................       X   .......  .........  Mr. Horsford (NV)..  .......  .......  .........
Mrs. Lummis (WY).................       X   .......  .........  Ms. Lujan Grisham    .......  .......  .........
                                                                 (NM).
Mr. Woodall (GA).................  .......  .......  .........  ...................  .......  .......  .........
Mr. Massie (KY)..................       X   .......  .........  ...................  .......  .......  .........
Mr. Collins (GA).................       X   .......  .........  ...................  .......  .......  .........
Mr. Meadows (NC).................       X   .......  .........  ...................  .......  .......  .........
Mr. Bentivolio (MI)..............       X   .......  .........  ...................  .......  .......  .........
Mr. DeSantis (FL)................  .......  .......  .........  ...................  .......  .......  .........
----------------------------------------------------------------------------------------------------------------

    Roll Call Totals: Yeas 19; Nays 15. Passed.
    [Quorum to bring up bill = 14; Quorum to report bill = 21].

              COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM

                     113TH CONGRESS--RATIO (23-18)

                                ROLLCALL

    Meeting on: H.R. 2804, ALERT Act of 2013 Date: 2/11/14

Vote on: Report Favorably to the House, as amended Vote # 2

----------------------------------------------------------------------------------------------------------------
           Republicans               Yea      Nay     Present        Democrats         Yea      Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Issa (CA) (Chairman).........       X   .......  .........  Mr. Cummings (MD)    .......  .......  .........
                                                                 (Ranking).
Mr. Mica (FL)....................       X   .......  .........  Mrs. Maloney (NY)..  .......  .......  .........
Mr. Turner (OH)..................       X   .......  .........  Ms. Norton (DC)....  .......  .......  .........
Mr. Duncan (TN)..................  .......  .......  .........  Mr. Tierney (MA)...  .......  .......  .........
Mr. McHenry (NC).................       X   .......  .........  Mr. Clay (MO)......  .......  .......  .........
Mr. Jordan (OH)..................       X   .......  .........  Mr. Lynch (MA).....  .......  .......  .........
Mr. Chaffetz (UT)................       X   .......  .........  Mr. Cooper (TN)....  .......  .......  .........
Mr. Walberg (MI).................       X   .......  .........  Mr. Connolly (VA)..  .......  .......  .........
Mr. Lankford (OK)................       X   .......  .........  Ms. Speier (CA)....  .......  .......  .........
Mr. Amash (MI)...................       X   .......  .........  Mr. Cartwright (PA)  .......  .......  .........
Mr. Gosar (AZ)...................  .......  .......  .........  Ms. Duckworth (IL).  .......  .......  .........
Mr. Meehan (PA)..................  .......  .......  .........  Ms. Kelly (IL).....  .......  .......  .........
Mr. DesJarlais (TN)..............       X   .......  .........  Mr. Davis (IL).....  .......  .......  .........
Mr. Gowdy (SC)...................       X   .......  .........  Mr. Welch (VT).....  .......  .......  .........
Mr. Farenthold (TX)..............       X   .......  .........  Mr. Cardenas (CA)..  .......  .......  .........
Mr. Hastings (WA)................       X   .......  .........  Mr. Horsford (NV)..  .......  .......  .........
Mrs. Lummis (WY).................       X   .......  .........  Ms. Lujan Grisham    .......  .......  .........
                                                                 (NM).
Mr. Woodall (GA).................  .......  .......  .........  ...................  .......  .......  .........
Mr. Massie (KY)..................       X   .......  .........  ...................  .......  .......  .........
Mr. Collins (GA).................       X   .......  .........  ...................  .......  .......  .........
Mr. Meadows (NC).................       X   .......  .........  ...................  .......  .......  .........
Mr. Bentivolio (MI)..............       X   .......  .........  ...................  .......  .......  .........
Mr. DeSantis (FL)................  .......  .......  .........  ...................  .......  .......  .........
----------------------------------------------------------------------------------------------------------------

    Roll Call Totals: Yeas 19; Nays 15. Passed.
    [Quorum to bring up bill = 14; Quorum to report bill = 21].
    
    
              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill requires OIRA to publish each October 1st two annual 
cumulative assessments of agency rulemaking. As such this bill 
does not relate to employment or access to public services and 
accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the descriptive portions of this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

                    Duplication of Federal Programs

    No provision of H.R. 2804 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting H.R. 2804 does not 
direct the completion of any specific rule makings within the 
meaning of 5 U.S.C. 551.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    H.R. 2804 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 2804. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 2804 from the Director of 
Congressional Budget Office:

                                                 February 20, 2014.
Hon. Darrell Issa,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2804, the ALERT 
Act of 2014.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 2804--ALERT Act of 2014

    H.R. 2804 would require federal agencies to provide to the 
public information regarding proposed and final regulations. 
The bill would require federal agencies to submit information 
for a monthly supplement to the Unified Agenda of Federal 
Regulatory and Deregulatory Actions (a semiannual compilation 
of the federal regulations under development). The Office of 
Information and Regulatory Affairs (OIRA) would be required to 
post that information on the Internet on a monthly and annual 
basis. With certain exceptions, regulations would not be 
effective until six months after they have appeared in the 
proposed monthly report.
    CBO estimates that preparing the monthly supplemental 
reports for 3,000 to 4,000 final regulations each year would 
cost less than a million dollars a year, subject to the 
availability of appropriated funds, over the 2014-2018 period. 
Because agencies routinely monitor the status of regulations 
that are being processed, this additional reporting requirement 
would not add a significant administrative burden. Based on 
information from the Congressional Research Service about the 
current regulatory process, CBO expects that the requirements 
in H.R. 2804 would not significantly delay the implementation 
of final regulations. The legislation could affect direct 
spending by agencies not funded through annual appropriations; 
therefore, pay-as-you-go procedures apply. CBO estimates, 
however, that any net increase in spending by those agencies 
would not be significant. Enacting the bill would not affect 
revenues.
    H.R. 2804 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

TITLE 5, UNITED STATES CODE

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                     PART I--THE AGENCIES GENERALLY

Chapter                                                             Sec.
      Organization...................................................101
     * * * * * * *
      The Analysis of Regulatory Functions...........................601
      Office of Information and Regulatory Affairs Publication of    6A.
651   Information Relating to Rules...................................

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PART I--THE AGENCIES GENERALLY

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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.
652. Office of Information and Regulatory Affairs Publications.
653. Requirement for rules to appear in agency-specific monthly 
          publication.
654. Definitions.

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 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 
                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 following year 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; and
                  (C) any estimate of the economic effects of 
                the rule, including 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. If such estimate is not 
                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.

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, for the previous year 
        the following:
                  (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, 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.

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