IB 
Union Calendar No. 262 
113TH CONGRESS 
2D SESSION 
H. R. 2804 
[Report No. 113–354, Part I] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2013 
Mr. HOLDING (for himself, Mr. BACHUS, Mr. COBLE, Mr. FRANKS of Arizona, 
Mr. CHABOT, Mr. MARINO, Mr. COLLINS of Georgia, Mr. SMITH of Mis-
souri, and Mr. LAMALFA) introduced the following bill; which was re-
ferred to the Committee on Oversight and Government Reform, and in 
addition to the Committee on the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
FEBRUARY 21, 2014 
Additional sponsors: Mr. MEADOWS and Mr. GOSAR 
FEBRUARY 21, 2014 
Reported from the Committee on Oversight and Government Reform with an 
amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 24, 2013] 
FEBRUARY 21, 2014 
The Committee on the Judiciary discharged; committed to the Committee of 
the Whole House on the State of the Union and ordered to be printed 
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A BILL 
To amend title 5, United States Code, to require the Admin-
istrator of the Office of Information and Regulatory Af-
fairs to publish information about rules on the Internet, 
and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘All Economic Regula-
tions are Transparent Act of 2014’’ or the ‘‘ALERT Act 
of 2014’’. 
SEC. 2. 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: 
‘‘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 Affairs. 
‘‘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: 
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‘‘(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. 
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‘‘(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; 
‘‘(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 draft-
ing the rule. If such estimate is not available, a 
statement affirming that no information on the 
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economic effects, including the effect on the num-
ber 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 Inter-
net. 
‘‘(b) CUMULATIVE ASSESSMENT
OF AGENCY RULE 
MAKING PUBLISHED ANNUALLY.— 
‘‘(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 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 
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‘‘(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 sec-
tion 553 pursuant to section 553(b)(B); 
and 
‘‘(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 
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was introduced in either the House of Represent-
atives or the Senate under section 802. 
‘‘§ 653. Requirement for rules to appear in agency-spe-
cific 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 Execu-
tive 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 crimi-
nal laws; 
‘‘(C) necessary for national security; or 
‘‘(D) issued pursuant to any statute imple-
menting an international trade agreement. 
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‘‘§ 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 Publication of Infor-
mation Relating to Rules ..................................................
651’’. 
(c) EFFECTIVE DATES.— 
(1) AGENCY MONTHLY SUBMISSION TO THE OF-
FICE 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. 
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(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 in-
clude 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 sub-
section (a), shall take effect on the date that is 8 
months after the date of the enactment of this Act. 
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Union Calendar No. 262 
113TH CONGRESS 
2D SESSION 
H. R. 2804 
[Report No. 113–354, Part I] 
A BILL 
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 pur-
poses. 
FEBRUARY 21, 2014 
Reported from the Committee on Oversight and 
Government Reform with an amendment 
FEBRUARY 21, 2014 
The Committee on the Judiciary discharged; committed 
to the Committee of the Whole House on the State of 
the Union and ordered to be printed 
VerDate Mar 15 2010 
21:17 Feb 21, 2014
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