H.R.2953 - All Economic Regulations are Transparent Act; ALERT Act (119th Congress)
Summary
H.R.2953, the ALERT Act, aims to increase transparency in federal rulemaking by requiring agencies to submit detailed information about upcoming rules to the Office of Information and Regulatory Affairs (OIRA) on a monthly basis. OIRA would then publish this information online, including summaries, objectives, legal bases, cost estimates, and scientific information related to the rules. The Act also mandates an annual cumulative assessment of agency rulemaking to be published in the Federal Register and online.
The goal is to ensure that the public has access to comprehensive information about proposed and final rules, allowing for greater scrutiny and accountability. A key provision prevents a rule from taking effect until the required information has been available online for at least six months, with certain exceptions for emergencies or national security concerns.
This bill seeks to enhance public awareness of regulatory actions and promote more informed participation in the rulemaking process.
Expected Effects
The ALERT Act would likely lead to increased public awareness of proposed and final federal regulations. Agencies would be required to provide more detailed information about their rulemaking activities, potentially leading to greater scrutiny from the public and stakeholders.
This could result in more informed public comment and potentially influence the content of regulations. The delay in the effective date of rules until information is publicly available for six months could also slow down the implementation of new regulations.
Furthermore, the increased transparency could encourage agencies to conduct more thorough cost-benefit analyses and consider the economic effects of their rules more carefully.
Potential Benefits
- Increased Transparency: The public gains access to more information about proposed and final rules.
- Enhanced Accountability: Agencies are held more accountable for the potential impacts of their regulations.
- Informed Public Participation: Citizens can participate more effectively in the rulemaking process with better information.
- Improved Cost-Benefit Analysis: Agencies may be incentivized to conduct more thorough analyses.
- Potential for Better Regulations: Increased scrutiny and public input could lead to more effective and less burdensome regulations.
Potential Disadvantages
- Increased Bureaucracy: Agencies may face additional administrative burdens in compiling and submitting the required information.
- Potential for Delays: The six-month waiting period before a rule can take effect could delay important regulations.
- Risk of Information Overload: The volume of information could be overwhelming for the public to process.
- Possible Political Manipulation: The information could be used for political purposes to criticize or obstruct regulations.
- Unintended Consequences: The focus on economic effects could overshadow other important considerations, such as environmental protection or social equity.
Constitutional Alignment
The ALERT Act aligns with the principles of transparency and accountability, which are implicit in the US Constitution. While the Constitution does not explicitly mandate the level of transparency required by the Act, it supports the idea of an informed citizenry capable of participating in governance.
The Act could be seen as promoting the general welfare by ensuring that regulations are carefully considered and that the public has the opportunity to provide input, consistent with the spirit of the Preamble. The requirement for agencies to disclose the legal basis for rules also reinforces the principle of the rule of law.
However, some might argue that the Act could potentially infringe upon the executive branch's ability to efficiently implement laws, which is a power vested in the President by Article II. The delay in the effective date of rules could be viewed as an impediment to the President's duty to "take care that the laws be faithfully executed."
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).