The ALERT Act increases transparency in federal regulations by requiring agencies to report details about upcoming rules, including costs and justifications, and mandates the publication of this information online.
Gary Palmer
Representative
AL-6
The ALERT Act, or All Economic Regulations are Transparent Act, aims to increase transparency in federal rule-making by requiring agencies to submit detailed monthly reports on upcoming regulations to the Office of Information and Regulatory Affairs (OIRA). OIRA will then publish this information online, including cost-benefit analyses, potential economic impacts, and scientific data, and create an annual cumulative assessment. The Act also stipulates that a rule cannot take effect until information about it has been publicly available on the internet for at least 6 months, with certain exceptions. Ultimately, the goal of the ALERT Act is to provide the public with more accessible and comprehensive information about proposed and finalized rules.
ALERT Act Mandates 6-Month Public Preview Before New Federal Rules Take Effect
This bill, the ALERT Act, requires federal agencies—think the EPA, Department of Labor, etc.—to spill the beans on regulations they plan to issue. They'll need to submit monthly reports detailing upcoming rules, including cost estimates and the legal reasons behind them. The Office of Information and Regulatory Affairs (OIRA) will post this online, creating a public database of planned government actions. The core idea is boosting transparency in how regulations are made.
Shining a Light or Slowing Things Down?
The big headline grabber here isn't just the reporting; it's a mandatory waiting period. Under the ALERT Act, most new federal rules can't actually go into effect until the details have been posted online for at least six months. Supporters might frame this as giving everyone—businesses, citizens, advocacy groups—a heads-up and more time to understand or react to potential changes. But it also builds a significant delay into the system, potentially slowing down rules designed to address everything from consumer protection to workplace safety.
What's on the Agency To-Do List?
Agencies won't just be giving vague summaries. The bill demands specifics in their monthly reports to OIRA: regulation numbers, goals, legal justifications, and whether they'll do a cost-benefit analysis. For rules expected soon, they need to estimate the cost, slotting it into categories ranging from under $50 million to over $10 billion. They also have to list any "influential scientific information" used, basically showing their work (as required by the new Chapter 6A added to Title 5). This aims to give a clearer picture of the potential economic impact and scientific basis before a rule is finalized.
The Six-Month Countdown
That six-month delay is the real game-changer. Imagine a new food safety standard is finalized after months of research and public comment. Under this Act, even if it's ready to go, it generally has to sit on a website for half a year before it can be enforced (Section 2, amending Title 5). This could give industries time to adapt, but it could also mean a known safety issue goes unaddressed for longer. For everyday folks, it might mean waiting longer for consumer protections or environmental safeguards to kick in.
Escape Hatches and Reality Checks
Are there ways around the six-month wait? Yes, but they're limited. If an agency argues there's "good cause" (using an existing legal exemption found in 5 U.S.C. 553(b)(B) because notice is "impracticable, unnecessary, or contrary to the public interest"), they might bypass the delay. Also, the President can issue an Executive Order to fast-track a rule for emergencies like health threats, crime enforcement, national security, or trade deals. Still, the default becomes a significant waiting period, adding a new layer—and potential hurdle—to the federal regulatory process.