‘‘(B) solicit ideas about alternative meth-
ods of compliance and potential flexibilities, and 
input on whether the Federal regulation will 
harmonize with and not duplicate similar laws 
in other levels of government. 
‘‘(5) Consultations shall address the cumulative 
impact of regulations on the affected entities. 
‘‘(6) Agencies may accept electronic submis-
sions of comments by relevant parties but may not 
use those comments as the sole method of satisfying 
the guidelines in this subsection.’’. 
SEC. 111. NEW AUTHORITIES AND RESPONSIBILITIES FOR 
OFFICE OF INFORMATION AND REGULATORY 
AFFAIRS. 
Section 208 of the Unfunded Mandates Reform Act 
of 1995 (2 U.S.C. 1538) is amended to read as follows: 
‘‘SEC. 208. OFFICE OF INFORMATION AND REGULATORY AF-
FAIRS RESPONSIBILITIES. 
‘‘(a) IN GENERAL.—The Administrator of the Office 
of Information and Regulatory Affairs shall provide mean-
ingful guidance and oversight so that each agency’s regu-
lations for which a written statement is required under 
section 202 are consistent with the principles and require-
ments of this title, as well as other applicable laws, and 
do not conflict with the policies or actions of another agen-
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cy. If the Administrator determines that an agency’s regu-
lations for which a written statement is required under 
section 202 do not comply with such principles and re-
quirements, are not consistent with other applicable laws, 
or conflict with the policies or actions of another agency, 
the Administrator shall identify areas of non-compliance, 
notify the agency, and request that the agency comply be-
fore the agency finalizes the regulation concerned. 
‘‘(b) ANNUAL STATEMENTS TO CONGRESS ON AGEN-
CY COMPLIANCE.—The Director of the Office of Informa-
tion and Regulatory Affairs annually shall submit to Con-
gress, including the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee 
on Oversight and Government Reform of the House of 
Representatives, a written report detailing compliance by 
each agency with the requirements of this title that relate 
to regulations for which a written statement is required 
by section 202, including activities undertaken at the re-
quest of the Director to improve compliance, during the 
preceding reporting period. The report shall also contain 
an appendix detailing compliance by each agency with sec-
tion 204.’’. 
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SEC. 112. RETROSPECTIVE ANALYSIS OF EXISTING FED-
ERAL REGULATIONS. 
The Unfunded Mandates Reform Act of 1995 (Public 
Law 104–4; 2 U.S.C. 1511 et seq.) is amended— 
(1) by redesignating section 209 as section 210; 
and 
(2) by inserting after section 208 the following 
new section 209: 
‘‘SEC. 209. RETROSPECTIVE ANALYSIS OF EXISTING FED-
ERAL REGULATIONS. 
‘‘(a) REQUIREMENT.—At the request of the chairman 
or ranking minority member of a standing or select com-
mittee of the House of Representatives or the Senate, an 
agency shall conduct a retrospective analysis of an existing 
Federal regulation promulgated by an agency. 
‘‘(b) REPORT.—Each agency conducting a retrospec-
tive analysis of existing Federal regulations pursuant to 
subsection (a) shall submit to the chairman of the relevant 
committee, Congress, and the Comptroller General a re-
port containing, with respect to each Federal regulation 
covered by the analysis— 
‘‘(1) a copy of the Federal regulation; 
‘‘(2) the continued need for the Federal regula-
tion; 
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‘‘(3) the nature of comments or complaints re-
ceived concerning the Federal regulation from the 
public since the Federal regulation was promulgated; 
‘‘(4) the extent to which the Federal regulation 
overlaps, duplicates, or conflicts with other Federal 
regulations, and, to the extent feasible, with State 
and local governmental rules; 
‘‘(5) the degree to which technology, economic 
conditions, or other factors have changed in the area 
affected by the Federal regulation; 
‘‘(6) a complete analysis of the retrospective di-
rect costs and benefits of the Federal regulation that 
considers studies done outside the Federal Govern-
ment (if any) estimating such costs or benefits; and 
‘‘(7) any litigation history challenging the Fed-
eral regulation.’’. 
SEC. 113. EXPANSION OF JUDICIAL REVIEW. 
Section 401(a) of the Unfunded Mandates Reform 
Act of 1995 (2 U.S.C. 1571(a)) is amended— 
(1) in paragraphs (1) and (2)(A)— 
(A) 
by 
striking 
‘‘sections 
202 
and 
203(a)(1) and (2)’’ each place it appears and 
inserting ‘‘sections 201, 202, 203(a)(1) and (2), 
and 205(a) and (b)’’; and 
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(B) by striking ‘‘only’’ each place it ap-
pears; 
(2) in paragraph (2)(B), by striking ‘‘section 
202’’ and all that follows through the period at the 
end and inserting the following: ‘‘section 202, pre-
pare the written plan under section 203(a)(1) and 
(2), or comply with section 205(a) and (b), a court 
may compel the agency to prepare such written 
statement, prepare such written plan, or comply with 
such section.’’; and 
(3) in paragraph (3), by striking ‘‘written state-
ment or plan is required’’ and all that follows 
through ‘‘shall not’’ and inserting the following: 
‘‘written statement under section 202, a written plan 
under section 203(a)(1) and (2), or compliance with 
sections 201 and 205(a) and (b) is required, the in-
adequacy or failure to prepare such statement (in-
cluding the inadequacy or failure to prepare any es-
timate, analysis, statement, or description), to pre-
pare such written plan, or to comply with such sec-
tion may’’. 
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SUBDIVISION 
B—ACHIEVING 
LESS EXCESS IN REGULATION 
AND 
REQUIRING 
TRANS-
PARENCY 
SEC. 100. SHORT TITLE; TABLE OF CONTENTS. 
This subdivision may be cited as the ‘‘Achieving Less 
Excess in Regulation and Requiring Transparency Act of 
2014’’ or as the ‘‘ALERRT Act of 2014’’. 
TITLE I—ALL ECONOMIC REGU-
LATIONS ARE TRANSPARENT 
ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘All Economic Regula-
tions are Transparent Act of 2014’’ or the ‘‘ALERT Act 
of 2014’’. 
SEC. 102. OFFICE OF INFORMATION AND REGULATORY AF-
FAIRS PUBLICATION OF INFORMATION RE-
LATING TO RULES. 
(a) AMENDMENT.—Title 5, United States Code, is 
amended by inserting after chapter 6, the following new 
chapter: 
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‘‘CHAPTER 6A—OFFICE OF INFORMATION 
AND REGULATORY AFFAIRS PUBLICA-
TION OF INFORMATION RELATING TO 
RULES 
‘‘Sec. 
‘‘651. Agency monthly submission to Office of Information and Regulatory Af-
fairs. 
‘‘652. Office of Information and Regulatory Affairs Publications. 
‘‘653. Requirement for rules to appear in agency-specific monthly publication. 
‘‘654. Definitions. 
‘‘§ 651. Agency monthly submission to Office of Infor-
mation 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 
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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 com-
pleting 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; 
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‘‘(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 ef-
fect 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 infor-
mation on the economic effects, including the 
effect on the number of jobs, of the rule has 
been considered. 
‘‘§ 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.— 
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‘‘(1) PUBLICATION
IN
THE
FEDERAL
REG-
ISTER.—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 Adminis-
trator 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 agen-
cy, including, for each such rule, an indica-
tion of whether the issuing agency con-
ducted an analysis of the costs or benefits 
of the rule; and 
‘‘(ii) that was finalized by each agen-
cy, including for each such rule an indica-
tion of whether— 
‘‘(I) the issuing agency conducted 
an analysis of the costs or benefits of 
the rule; 
‘‘(II) the agency claimed an ex-
emption from the procedures under 
section 
553 
pursuant 
to 
section 
553(b)(B); and 
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‘‘(III) the rule was issued pursu-
ant to a statutory mandate or the rule 
making is committed to agency discre-
tion 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 pro-
posed 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 fol-
lowing: 
‘‘(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. 
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‘‘(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 pre-
vious 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 dis-
approval was introduced in either the House of 
Representatives or the Senate under section 
802. 
‘‘§ 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 
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