ALERT Act

Bill Number

H.R. 2953

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Government Operations and Politics

Status

Introduced

Latest Action

2025-04-17: Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Last Updated

2025-05-07T14:54:05Z

AI-Generated Summary

Purpose of the Legislation

The All Economic Regulations are Transparent Act (ALERT Act), H.R. 2953, aims to promote transparency in federal rulemaking by requiring executive branch agencies to regularly report details about proposed and final rules to the Office of Information and Regulatory Affairs (OIRA, part of the Office of Management and Budget). OIRA must then publicly disclose this information online and in the Federal Register, allowing greater public oversight of regulations and their economic impacts.

Key Provisions

• Monthly Agency Submissions to OIRA (Section 651):

Each federal agency head must submit monthly reports to OIRA on rules expected to be proposed or finalized in the next 12 months. These include:

• A summary of the rule's nature, with its regulation identifier number (a unique code for tracking) and docket number (public file for comments).
• Objectives and legal basis, including any deadlines, whether cost-benefit analysis is restricted or planned, and if the rule skips standard public notice (under section 553(b)(B) of the Administrative Procedure Act, which allows bypassing notice for interpretive or procedural rules).
• The rule's development stage and whether it requires periodic review under section 610 (for reducing burdens on small entities).

For rules nearing finalization with a proposed rule notice already issued:

• An approximate completion schedule.
• Cost estimates in broad ranges (e.g., under $50 million up to over $10 billion).
• Economic effects, including unfunded mandates (federal requirements on state/local governments or private sectors without funding) and job impacts, or a statement if none were considered.
• Details on influential scientific information, including peer review plans, disclosure dates, and online locations.

• OIRA Publications (Section 652):
• Monthly Agency-Specific Reports: OIRA must post agency submissions online within 30 days.
• Annual Cumulative Assessments: By October 1 each year, OIRA publishes in the Federal Register:
• All prior-year agency submissions.
• Counts and lists of proposed and finalized rules, noting cost-benefit analyses, notice exemptions, and statutory mandates.
• Agency actions that repealed, narrowed, reduced costs of, or shortened rules.
• Total costs of all rules (without subtracting benefits), unfunded mandates, and rules without cost estimates.

Online, OIRA must also post:

• Cost-benefit analyses for rules.
• Docket and identifier numbers.
• Reviews by OMB Director, section 610 reviews, submissions to the Comptroller General (for congressional review under the Congressional Review Act), and congressional disapproval resolutions.

• Delay in Rule Effectiveness (Section 653):

Rules generally cannot take effect until their details have been publicly available online for at least 6 months. Exceptions apply for:

• Rules skipping public notice under section 553(b)(B).
• Presidentially approved rules due to emergencies (health/safety threats), criminal law enforcement, national security, or international trade agreements.

• Definitions (Section 654):

Uses standard terms from the Administrative Procedure Act (e.g., "agency," "rule," "rulemaking") and defines "unfunded mandate" as a federal requirement imposing costs on non-federal entities without funding (from the Congressional Budget Act).

• Effective Dates:
• Monthly submissions start 30 days after enactment.
• Annual assessments begin 60 days after enactment, with the first due the next October 1 (including 10 years of prior cost-benefit analyses).
• 6-month delay rule starts 8 months after enactment.

Significant Changes to Existing Law

This bill adds a new Chapter 6A to Title 5 of the U.S. Code (after Chapter 6 on regulatory analysis), creating mandatory monthly reporting and public disclosures not previously required. It builds on existing transparency tools like the Federal Register and OIRA reviews but introduces:

• Routine, detailed pre-publication reporting on rule pipelines and economic impacts.
• A 6-month public disclosure delay before rules can take effect, extending beyond current notice-and-comment periods (typically 30-60 days).
• Annual aggregated reporting on rule costs, repeals, and reviews, enhancing accountability without altering core rulemaking processes under the Administrative Procedure Act.

Potential Impacts

• On Government Agencies: Increases administrative workload for monthly reporting and analyses, potentially slowing rulemaking but encouraging more thorough economic evaluations. Agencies may face greater scrutiny, leading to fewer or better-justified rules.
• On Citizens and Businesses: Improves public access to rule details via free online/Federal Register postings, enabling earlier input, awareness of costs (e.g., job effects, mandates), and challenges to regulations. Small businesses could benefit from section 610 review tracking.
• On International Relations: Minimal direct impact, but exceptions for trade agreement rules ensure timely implementation without delays, avoiding trade disputes.

Main Stakeholders Affected

• Federal Agencies: Primary reporters, facing new compliance burdens (e.g., Environmental Protection Agency, Department of Labor).
• OIRA and Office of Management and Budget: Responsible for compiling and publishing data, acting as a central transparency hub.
• Congress: Gains tools for oversight via annual reports on congressional review and disapprovals.
• Public and Advocacy Groups: Citizens, nonprofits, and researchers benefit from accessible data for monitoring regulations.
• Businesses and Industries: Affected by rules, they can better anticipate and influence economic impacts like costs and job effects.
• State/Local Governments: Impacted by tracking of unfunded mandates.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens administrative law by codifying transparency without overriding the Administrative Procedure Act; the 6-month delay could be challenged if seen as unduly restrictive, but exceptions mitigate this. Aligns with the Congressional Budget Act's mandate focus.
• Constitutional: No direct challenges anticipated, as it enhances executive branch accountability to Congress and the public, consistent with separation of powers.
• Political: Promotes deregulation by spotlighting rule costs and burdens, potentially empowering congressional oversight and public pushback against "overregulation." Could influence partisan debates on administrative state reform, but remains neutral in execution.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Palmer, Gary J. [R-AL-6]

Cosponsors (1)

Rep. Westerman, Bruce [R-AR-4]

Recent Actions

• 2025-04-17: Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-04-17: Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-04-17: Introduced in House
• 2025-04-17: Introduced in House

Bill Versions

• All Economic Regulations are Transparent Act — issued 2025-04-17 — PDF (11 pages)