II 

118TH CONGRESS 

2D SESSION S. 4200 

To amend title 5, United States Code, to provide for the publication, by 

the Office of Information and Regulatory Affairs, of information relating 

to rule making, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 19, 2024 

Mr. LEE (for himself and Mr. MARSHALL) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To amend title 5, United States Code, to provide for the 

publication, by the Office of Information and Regulatory 

Affairs, of information relating to rule making, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘All Economic Regula5 tions are Transparent Act of 2024’’ or the ‘‘ALERT Act 

6 of 2024’’. 


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1 SEC. 2. OFFICE OF INFORMATION AND REGULATORY AF2 FAIRS PUBLICATION OF INFORMATION RE3 LATING TO RULES. 

4 (a) AMENDMENT.—Title 5, United States Code, is 

5 amended by inserting after chapter 6 the following: 

6 ‘‘CHAPTER 6A—OFFICE OF INFORMATION 

7 AND REGULATORY AFFAIRS PUBLICA8 TION OF INFORMATION RELATING TO 

9 RULES 

‘‘Sec. 

‘‘651. Definitions. 

‘‘652. Agency monthly submission to Office of Information and Regulatory Affairs. 

‘‘653. Office of Information and Regulatory Affairs publications. 

‘‘654. Requirement for rules to appear in agency-specific monthly publication. 

10 ‘‘§ 651. Definitions 

11 ‘‘In this chapter: 

12 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis13 trator’ means the Administrator of the Office of In14 formation and Regulatory Affairs of the Office of 

15 Management and Budget. 

16 ‘‘(2) AGENCY; AGENCY ACTION; RULE; RULE

17 MAKING.—The terms ‘agency’, ‘agency action’, 

18 ‘rule’, and ‘rule making’ have the meanings given 

19 those terms in section 551 of this title. 


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1 ‘‘§ 652. Agency monthly submission to Office of Infor2 mation and Regulatory Affairs 

3 ‘‘On a monthly basis, the head of each agency shall 

4 submit to the Administrator, in such a manner as the Ad5 ministrator may reasonably require, the following informa6 tion: 

7 ‘‘(1) For each rule that the agency expects to 

8 propose or finalize during the following year— 

9 ‘‘(A) a summary of the nature of the rule, 

10 including the regulation identifier number and 

11 the docket number for the rule; 

12 ‘‘(B) the objectives of and legal basis for 

13 the issuance of the rule, including— 

14 ‘‘(i) any statutory or judicial deadline; 

15 and 

16 ‘‘(ii) whether the legal basis restricts 

17 or precludes the agency from conducting 

18 an analysis of the costs or benefits of the 

19 rule during the rule making, and if not, 

20 whether the agency plans to conduct an 

21 analysis of the costs or benefits of the rule 

22 during the rule making; 

23 ‘‘(C) whether the agency plans to claim an 

24 exemption from the requirements of section 553 

25 of this title pursuant to section 553(b)(B); 


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1 ‘‘(D) the stage of the rule making as of the 

2 date of submission; and 

3 ‘‘(E) whether the rule is subject to review 

4 under section 610 of this title. 

5 ‘‘(2) For each rule that the agency expects to 

6 finalize during the following year and for which the 

7 agency has issued a general notice of proposed rule 

8 making— 

9 ‘‘(A) an approximate schedule for com10 pleting action on the rule; 

11 ‘‘(B) an estimate of whether the rule will 

12 cost— 

13 ‘‘(i) less than $50,000,000; 

14 ‘‘(ii) $50,000,000 or more but less 

15 than $100,000,000; 

16 ‘‘(iii) $100,000,000 or more but less 

17 than $500,000,000; 

18 ‘‘(iv) $500,000,000 or more but less 

19 than $1,000,000,000; 

20 ‘‘(v) $1,000,000,000 or more but less 

21 than $5,000,000,000; 

22 ‘‘(vi) $5,000,000,000 or more but less 

23 than $10,000,000,000; or 

24 ‘‘(vii) $10,000,000,000 or more; and 


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1 ‘‘(C) any estimate of the economic effects 

2 of the rule, including— 

3 ‘‘(i) any estimate of the net effect that 

4 the rule will have on the number of jobs in 

5 the United States that was considered in 

6 drafting the rule; or 

7 ‘‘(ii) if an estimate is not available, a 

8 statement affirming that no information on 

9 the economic effects of the rule, including 

10 the effect the rule will have on the number 

11 of jobs in the United States, has been con12 sidered. 

13 ‘‘§ 653. Office of Information and Regulatory Affairs 

14 publications 

15 ‘‘(a) AGENCY-SPECIFIC INFORMATION PUBLISHED

16 MONTHLY.—Not later than 30 days after the submission 

17 of information pursuant to section 652, the Administrator 

18 shall make the information publicly available on the inter19 net. 

20 ‘‘(b) CUMULATIVE ASSESSMENT OF AGENCY RULE

21 MAKING PUBLISHED ANNUALLY.— 

22 ‘‘(1) PUBLICATION IN THE FEDERAL REG23 ISTER.—Not later than October 1 of each year, the 

24 Administrator shall publish in the Federal Register, 


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1 for the 1-year period immediately preceding the date 

2 of publication of this information, the following: 

3 ‘‘(A) The information that the Adminis4 trator received from the head of each agency 

5 under section 652. 

6 ‘‘(B) The number of rules and a list of 

7 each rule— 

8 ‘‘(i) that was proposed by each agen9 cy, including, for each rule, an indication 

10 of whether the issuing agency conducted 

11 an analysis of the costs or benefits of the 

12 rule; and 

13 ‘‘(ii) that was finalized by each agen14 cy, including for each rule an indication of 

15 whether— 

16 ‘‘(I) the agency conducted an 

17 analysis of the costs or benefits of the 

18 rule; 

19 ‘‘(II) the agency claimed an ex20 emption from the procedures under 

21 section 553 of this title pursuant to 

22 section 553(b)(B); and 

23 ‘‘(III) the rule was issued pursu24 ant to a statutory mandate or the rule 


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1 making is committed to agency discre2 tion by law. 

3 ‘‘(C) The number of agency actions and a 

4 list of each action taken by each agency that— 

5 ‘‘(i) repealed a rule; 

6 ‘‘(ii) reduced the scope of a rule; 

7 ‘‘(iii) reduced the cost of a rule; or 

8 ‘‘(iv) accelerated the expiration date 

9 of a rule. 

10 ‘‘(D) The total cost (without reducing the 

11 cost by any offsetting benefits) of all rules pro12 posed or finalized, and the number of rules for 

13 which an estimate of the cost of the rule was 

14 not available. 

15 ‘‘(2) PUBLICATION ON THE INTERNET.—Not 

16 later than October 1 of each year, the Administrator 

17 shall make publicly available on the internet, for the 

18 1-year period immediately preceding the date of pub19 lication of this information, the following: 

20 ‘‘(A) The analysis of the costs or benefits, 

21 if conducted, for each proposed rule or final 

22 rule issued by an agency. 

23 ‘‘(B) The docket number and regulation 

24 identifier number for each proposed or final 

25 rule issued by an agency. 


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1 ‘‘(C) The number of rules and a list of 

2 each rule reviewed by the Director of the Office 

3 of Management and Budget, and the authority 

4 under which each review was conducted. 

5 ‘‘(D) The number of rules and a list of 

6 each rule for which the head of an agency com7 pleted a review under section 610 of this title. 

8 ‘‘(E) The number of rules and a list of 

9 each rule submitted to the Comptroller General 

10 of the United States under section 801 of this 

11 title. 

12 ‘‘(F) The number of rules and a list of 

13 each rule for which a resolution of disapproval 

14 was introduced in either the House of Rep15 resentatives or the Senate under section 802 of 

16 this title. 

17 ‘‘§ 654. Requirement for rules to appear in agency18 specific monthly publication 

19 ‘‘(a) IN GENERAL.—Subject to subsection (b), a rule 

20 may not take effect until the information described in sec21 tion 652 regarding the rule has been made publicly avail22 able on the internet pursuant to section 653(a) for not 

23 less than 6 months. 

24 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply in 

25 the case of a rule— 


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1 ‘‘(1) for which the agency issuing the rule 

2 claims an exception under section 553(b)(B) of this 

3 title; or 

4 ‘‘(2) which the President determines by Execu5 tive order should take effect because the rule is— 

6 ‘‘(A) necessary because of an imminent 

7 threat to health or safety or other emergency; 

8 ‘‘(B) necessary for the enforcement of 

9 criminal laws; 

10 ‘‘(C) necessary for national security; or 

11 ‘‘(D) issued pursuant to any statute imple12 menting an international trade agreement.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

14 The table of chapters for part I of title 5, United States 

15 Code, is amended by striking the item relating to chapter 

16 5 and inserting the following: 

‘‘5. Administrative Procedure ................................................................. 500

‘‘6. The Analysis of Regulatory Functions ............................................. 601

‘‘6A. Office of Information and Regulatory Affairs Publication of Information Relating to Rules .......................................... 651’’. 

17 (c) EFFECTIVE DATES.— 

18 (1) AGENCY MONTHLY SUBMISSION TO THE OF19 FICE OF INFORMATION AND REGULATORY AF20 FAIRS.—Not later than 30 days after the date of en21 actment of this Act, the head of each agency shall 

22 submit to the Administrator of the Office of Infor23 mation and Regulatory Affairs of the Office of ManVerDate Sep 11 2014 23:09 May 13, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4200.IS S4200

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1 agement and Budget the information required under 

2 section 652 of title 5, United States Code, as added 

3 by subsection (a) of this Act. 

4 (2) CUMULATIVE ASSESSMENT OF AGENCY

5 RULE MAKING.— 

6 (A) IN GENERAL.—Subsection (b) of sec7 tion 653 of title 5, United States Code, as 

8 added by subsection (a) of this Act, shall take 

9 effect on the date that is 60 days after the date 

10 of enactment of this Act. 

11 (B) DEADLINE.—The first requirement to 

12 publish or make available, as the case may be, 

13 under subsection (b) of section 653 of title 5, 

14 United States Code, as added by subsection (a) 

15 of this Act, shall be the first October 1 after 

16 the effective date of subsection (b). 

17 (C) FIRST PUBLICATION.—The first publi18 cation made available under section 653(b)(2) 

19 of title 5, United States Code, as added by sub20 section (a) of this Act, shall include any anal21 ysis of the costs or benefits conducted for a 

22 proposed or final rule during the 10 years pre23 ceding the date of enactment of this Act. 

24 (3) REQUIREMENT FOR RULES TO APPEAR IN

25 AGENCY-SPECIFIC MONTHLY PUBLICATION.—Section 


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1 654 of title 5, United States Code, as added by sub2 section (a) of this Act, shall take effect on the date 

3 that is 8 months after the date of enactment of this 

4 Act. 

Æ 


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