House Report 113-354 - ALL ECONOMIC REGULATIONS ARE TRANSPARENT ACT OF 2014

[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

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

* * * * * * *

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...................................

* * * * * * *

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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