US Federal 2023-2024 Regular Session

US Federal House Bill HB262

Introduced
1/10/23  
Refer
1/10/23  

Caption

All Economic Regulations are Transparent Act of 2023 or the ALERT Act of 2023 This bill establishes various reporting requirements with respect to federal agency rulemaking. Specifically, each agency must submit a monthly report to the Office of Information and Regulatory Affairs (OIRA) for each rule the agency expects to propose or finalize during the following year, including information about the objectives and legal basis for the rule as well as whether the rule is subject to periodic review based on its significant economic impact. Additionally, each agency must submit a monthly report for any rule expected to be finalized during the following year for which the agency has issued a general notice of proposed rulemaking, including an approximate schedule for completing action on the rule and an estimate of its cost and economic effects. OIRA must publish this information online and, subject to certain exceptions, a rule may not take effect until the information has been published for at least six months. The bill also requires OIRA to annually publish in the Federal Register specified information it receives from agencies under this bill, including a list of each rule an agency has proposed and the total cost of all rules proposed or finalized. OIRA must further publish online (1) any analysis of the costs or benefits of rules that were proposed or finalized during the previous year, and (2) a list of rules that were subjected to various forms of review during the previous year.

Impact

The implementation of HB 262 aims to shift state laws towards greater accountability in governance. By mandating public access to detailed reports on rulemaking, the bill could lead to reduced regulatory burdens for businesses while enhancing public awareness of federal agency actions. The requirement for rules to be published online six months before taking effect seeks to provide stakeholders more time to review and respond to new regulations. This could foster a more engaged public and encourage regulatory reform based on data-driven assessments of rule efficacy and economic implications.

Summary

House Bill 262, also known as the ALERT Act or the 'All Economic Regulations are Transparent Act', is designed to enhance the transparency of federal regulations. The bill amends Title 5 of the United States Code to require the Office of Information and Regulatory Affairs (OIRA) to compile and publish information on rulemakings by federal agencies. This includes monthly submissions from agencies detailing expectations for future rules and an annual report summarizing rule-related actions, which will be made publicly available on the Internet. The bill aims to provide a clearer understanding of how regulations are developed and the economic impacts of these rules.

Sentiment

The sentiment surrounding the bill is broadly supportive among advocates of regulatory reform, particularly from business groups who view increased transparency as beneficial for competitive practices and compliance strategy. However, critics express concerns that focusing on cost-benefit analysis may downplay important regulatory protections that safeguard public health, safety, and the environment. There is a tension between the desire for reduced bureaucratic red tape and the need for regulations that protect citizen interests. The debate illustrates differing perspectives on the balance between economic freedom and regulatory oversight.

Contention

Notable points of contention include the potential for the bill to inadvertently weaken regulatory protections. Opponents argue that emphasizing transparency in cost-benefit analysis could lead agencies to prioritize economic factors over essential safety regulations or environmental standards. Moreover, the implementation timeline for monthly submissions and annual publications may place an additional burden on federal agencies, prompting discussions about the practicality and financial implications of these requirements. These disputes reflect broader conversations on how regulatory frameworks can best achieve economic growth while maintaining public welfare.

Congress_id

118-HR-262

Policy_area

Government Operations and Politics

Introduced_date

2023-01-10

Companion Bills

US SB4200

Related bill ALERT Act of 2024 All Economic Regulations are Transparent Act of 2024

Previously Filed As

US HB49

Require Evaluation before Implementing Executive Wishlists Act of 2023 or the REVIEW Act of 2023 This bill prohibits a final agency rule from taking effect until (1) the agency submits the rule to the Office of Information and Regulatory Affairs (OIRA), and (2) OIRA makes a determination as to whether the rule is a high-impact rule that may impose an annual cost on the economy of at least $1 billion. In addition, an agency must postpone the effective date of a high-impact rule until the final disposition of all actions seeking judicial review of the rule.

US SB30

Expediting Reform And Stopping Excess Regulations Act or the ERASER ActThis bill generally requires federal agencies to repeal three rules before issuing a new rule.In the case of a new nonmajor rule, an agency must repeal at least three rules that, to the extent practicable, are related to the new rule.In the case of a new major rule, (1) an agency must repeal at least three rules that are related to the new major rule, and (2) the cost of the new major rule must be less than or equal to the cost of the repealed rules. A major rule is a rule that has resulted in or is likely to result in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, or innovation.These requirements apply to rules issued through the notice and comment process and do not apply to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice. Further, the requirements do not apply to a rule or major rule that relates to the management, organization, or personnel of an agency or procurement by the agency.Any rule repealed under this bill must be published in the Federal Register.Finally, the Government Accountability Office must report on the number and estimated cost of rules and major rules currently in effect.  

US SB56

Require that agencies promulgating permanent rules publish the rules and associated rulemaking forms on a state website.

US SB77

Early Participation in Regulations Act of 2025This bill directs agencies to publish an advance notice of a proposed rulemaking at least 90 days before publishing a notice of proposed rulemaking for a major rule. A major rule is a rule that the Office of Information and Regulatory Affairs (OIRA) determines is likely to impose (1) an annual economic effect of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or the ability of U.S. enterprises to compete with foreign-based enterprises.The advance notice mustinclude a description of the problem the rule may address, alternatives under consideration, and the legal authority for proposing the rule; andsolicit and provide at least 30 days for submission of written data, views, and argument from interested persons.Any difference between such advance notice and the notice of proposed rulemaking may not be considered arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law for the purposes of review under the Administrative Procedure Act.Advance notice is not required if the proposing agency is not required to publish notice of proposed rulemaking or OIRA finds that advance notice is (1) not in the public interest, (2) duplicative of a similar process, (3) not practicable due to a required deadline, or (4) for a rule that is routine or periodic in nature.

US SB1474

Relating to the procedure by which state agencies adopt rules, including legislative approval of certain rules proposed or adopted by state agencies.

US SF2463

A bill for an act concerning the executive branch rulemaking process, including the uniform rules on agency procedure and review and regulatory readoption of rules, and including effective date provisions. (Formerly SSB 3166.) Effective date: 04/16/2026, 07/01/2026.

US SB76

Setting Manageable Analysis Requirements in Text Act of 2025 or the SMART Act of 2025This bill requires agencies, when publishing a proposed or final major rule, to include a framework for assessing whether the rule achieves its regulatory objective. An agency must assess a rule in the time frame included in the framework. The assessment must compare the rule's anticipated and actual benefits and costs.Additionally, the assessment must determine whether (1) the rule has been rendered unnecessary because of changes to the subject area affected by the rule or it overlaps with, duplicates, or conflicts with other rules, or state and local government regulations; (2) the rule should be expanded, streamlined, or otherwise modified to accomplish the rule's objective; and (3) other alternatives or modifications to the rule could better achieve the rule's objective. The bill defines a major rule as a rule likely to cause (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. 

US SB2287

Agency rules; require rules with a significant economic impact to expire after five years.

US SB981

Review by state agencies of administrative rules and enactments; an expedited process for repealing rules an agency no longer has the authority to promulgate; and the rule-making authority of certain agencies. (FE)

US AB994

Review by state agencies of administrative rules and enactments; an expedited process for repealing rules an agency no longer has the authority to promulgate; and the rule-making authority of certain agencies. (FE)

Similar Bills

No similar bills found.