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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7528 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 712
118th CONGRESS
  2d Session
                                H. R. 7528

                          [Report No. 118-306]

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2024

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

            December 17 (legislative day, December 16), 2024

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT

 
  To amend section 206 of the E-Government Act of 2002 to improve the 
   integrity and management of mass comments and computer-generated 
   comments in the regulatory review process, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Comment Integrity and 
Management Act of 2024''.</DELETED>

<DELETED>SEC. 2. PURPOSE.</DELETED>

<DELETED>     The purpose of this Act is to help Federal agencies 
manage mass and computer-generated comments in the Federal regulatory 
process. This should in no way be understood to discourage mass 
comments, which are a vital part of the regulatory process.</DELETED>

<DELETED>SEC. 3. IMPROVING INTEGRITY AND MANAGEMENT OF MASS COMMENTS 
              AND COMPUTER-GENERATED COMMENTS IN THE REGULATORY REVIEW 
              PROCESS.</DELETED>

<DELETED>    (a) In General.-- Section 206 of the E-Government Act of 
2002 (Public Law 107-347; 44 U.S.C. 3501 note) is amended by--
</DELETED>
        <DELETED>    (1) redesignating subsection (e) as subsection 
        (f); and</DELETED>
        <DELETED>    (2) inserting after subsection (d) the 
        following:</DELETED>
<DELETED>    ``(e) Information Integrity.--</DELETED>
        <DELETED>    ``(1) Verification of electronic submissions.--
        With respect to each comment accepted by electronic means under 
        subsection (c), in accordance with the guidance established by 
        Director in paragraph (3), the head of an agency shall verify, 
        to the greatest extent possible, at the time the comment is 
        submitted, whether the comment has been submitted by a human 
        being.</DELETED>
        <DELETED>    ``(2) Identification and management of mass 
        comments.--</DELETED>
                <DELETED>    ``(A) Identification of mass comments.--
                With respect to each comment accepted by electronic 
                means under subsection (c) by the head of an agency, 
                the head of the agency shall--</DELETED>
                        <DELETED>    ``(i) to the extent practicable, 
                        reasonably determine whether such comment is a 
                        mass comment; and</DELETED>
                        <DELETED>    ``(ii) in the case that the agency 
                        has made a reasonable determination that the 
                        comment is a mass comment, indicate on any 
                        publicly available copy of the comment, or 
                        comment variations, (through a label or 
                        indicator, and in a machine and human readable 
                        format) that the comment is part of a mass 
                        comment submission; and</DELETED>
                <DELETED>    ``(B) Handling of mass comments.--
                Notwithstanding subsection (d)(2)(A), instead of making 
                available through the electronic docket of the agency 
                each comment identified as a mass comment under 
                paragraph (2), the head of an agency may--</DELETED>
                        <DELETED>    ``(i) make available through such 
                        docket only a single representative sample of 
                        each such mass comment; or</DELETED>
                        <DELETED>    ``(ii) in the case where mass 
                        comments take the form of variations on certain 
                        standardized but not identical language the 
                        agency make available through such docket a 
                        single copy of one of the variations of the 
                        mass comment.</DELETED>
                <DELETED>    ``(C) Number of submissions.--In case in 
                which the head of an agency makes available through 
                such docket a single representative sample or a single 
                copy of one of the variations of a mass comment under 
                subparagraph (B), the head of the agency shall indicate 
                (through a label or indicator, and in a machine and 
                human readable format), on the sample or copy made 
                available, the number of submissions that were 
                determined to be identical, or substantively identical 
                to the sample or copy made available on such 
                docket.</DELETED>
        <DELETED>    ``(3) OMB guidance.--</DELETED>
                <DELETED>    ``(A) Guidance.--Not later than 240 days 
                after the date of the enactment of this subsection, the 
                Director, in consultation with the Administrator of 
                General Services, shall issue guidance to the heads of 
                each agency on the implementation of the requirements 
                of this subsection.</DELETED>
                <DELETED>    ``(B) Contents of guidance.--The guidance 
                issued pursuant to subparagraph (A) shall include 
                recommendations for agencies on how to best manage 
                comments accepted by electronic means, including 
                recommendations on how to do the following:</DELETED>
                        <DELETED>    ``(i) Use technology tools and 
                        procedures that verify, to the greatest extent 
                        possible, whether a comment is being submitted 
                        by a human being.</DELETED>
                        <DELETED>    ``(ii) Identify mass comments, 
                        including how to leverage software tools to 
                        identify whether a comment is a mass 
                        comment.</DELETED>
                        <DELETED>    ``(iii) Indicate (through a label 
                        or indicator, and in a machine- and human-
                        readable format), that a comment is a mass 
                        comment.</DELETED>
                        <DELETED>    ``(iv) Use new technology to offer 
                        new opportunities for public participation in 
                        the rulemaking process.</DELETED>
                <DELETED>    ``(C) Updates.--The Director, in 
                consultation with the Administrator of General 
                Services, may update the guidance issued pursuant to 
                subparagraph (A), as determined necessary by the 
                Director.</DELETED>
        <DELETED>    ``(4) Policies concerning posting and 
        consideration of computer-generated comments and mass 
        comments.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 1 year 
                after the date of the enactment of this subsection, the 
                head of each agency shall establish a policy with 
                respect to the posting and consideration of computer-
                generated comments and mass-comments during the 
                rulemaking process of the agency that is consistent 
                with--</DELETED>
                        <DELETED>    ``(i) the requirements of 
                        paragraph (2); and</DELETED>
                        <DELETED>    ``(ii) the guidance issued under 
                        paragraph (3).</DELETED>
                <DELETED>    ``(B) Availability of policy.--Not later 
                than 60 days after the date on which the head of an 
                agency establishes a policy pursuant to subparagraph 
                (A), the head of the agency shall, to the extent 
                practicable, post the policy on the website through 
                which an agency makes comments available pursuant to 
                subsection (d)(2)(A).</DELETED>
                <DELETED>    ``(C) Update to policy.--The policy 
                established pursuant to subparagraph (A)--</DELETED>
                        <DELETED>    ``(i) shall be updated as 
                        necessary to make such guidance consistent with 
                        any updates to the guidance issued under 
                        paragraph (3); and</DELETED>
                        <DELETED>    ``(ii) may be updated by the head 
                        of the agency, in consultation with the 
                        Director, as the head of the agency determines 
                        appropriate.</DELETED>
        <DELETED>    ``(5) Exception to time limitation for 
        implementation.--The requirement described under subsection (f) 
        shall not apply to this subsection.</DELETED>
        <DELETED>    ``(6) Definitions.--In this subsection:</DELETED>
                <DELETED>    ``(A) Comment.--The term `comment' means a 
                submission under section 553(c) of title 5, United 
                States Code.</DELETED>
                <DELETED>    ``(B) Computer-generated comment.--The 
                term `computer-generated comment' means a comment the 
                substance of which is primarily generated by computer 
                software, including through the use of artificial 
                intelligence, rather than by a human being.</DELETED>
                <DELETED>    ``(C) Mass comment.--The term `mass 
                comment' means a comment submitted as part of an 
                organized submission of a large volume of identical, or 
                substantively identical, comments submitted by 
                different signatories or entities.''.</DELETED>
<DELETED>    (b) Update to Websites, Information Systems of Agencies.--
</DELETED>
        <DELETED>    (1) In general.--Not later than 18 months after 
        the date of the enactment of this Act, the head of each agency 
        subject to the requirements of section 206(e) of the E-
        Government Act, as added by subsection (a), shall update any 
        website of the agency, and any information system of the 
        agency, as necessary to ensure compliance with the requirements 
        of such section.</DELETED>
        <DELETED>    (2) Regulations.gov.--The Administrator of General 
        Services, acting through the eRulemaking Program Management 
        Office, shall update Regulations.gov as necessary to ensure 
        compliance with the requirements of section 206(e) of the E-
        Government Act, as added by subsection (a).</DELETED>
        <DELETED>    (3) Erulemaking system.--The Administrator of 
        General Services shall update the shared eRulemaking system on 
        behalf of participating agencies.</DELETED>
<DELETED>    (c) GAO Report on Computer-generated Comments.--</DELETED>
        <DELETED>    (1) Report.--Not later than 2 years after the date 
        of the enactment of this Act, the Comptroller General of the 
        United States shall submit to the Committee on Oversight and 
        Accountability of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a report on the identification of computer-generated 
        comments under section 206(e) of the E-Government Act of 2002 
        (Public Law 107-347; 44 U.S.C. 3501 note), that includes the 
        following:</DELETED>
                <DELETED>    (A) Recommendations on how to identify if 
                a submission under that section is a computer-generated 
                comment.</DELETED>
                <DELETED>    (B) Any effect that computer-generated 
                comments have on the rulemaking process.</DELETED>
                <DELETED>    (C) The extent to which the public uses 
                computer-generated comments to participate in the 
                rulemaking process at the time the report is 
                submitted.</DELETED>
                <DELETED>    (D) How prevalent computer-generated 
                comments are at the time the report is 
                submitted.</DELETED>
                <DELETED>    (E) How prevalent the Comptroller General 
                anticipates computer-generated comments will be 5 years 
                after the date on which the report is 
                submitted.</DELETED>
<DELETED>    (d) Rule of Construction.--Nothing in this Act, or the 
amendments made by this Act, may be construed as affecting the 
consideration of a mass comment by the head of an agency during the 
rulemaking process.</DELETED>
<DELETED>    (e) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Comment.--The term ``comment'' means a 
        submission under section 553(c) of title 5, United States 
        Code.</DELETED>
        <DELETED>    (2) Computer-generated comments.--The term 
        ``computer-generated comment'' means a comment the substance of 
        which is primarily generated by computer software, including 
        through the use of artificial intelligence, rather than by a 
        human being.</DELETED>
        <DELETED>    (3) Director.--The term ``Director'' means the 
        Director of the Office of Management and Budget.</DELETED>
        <DELETED>    (4) Mass comment.--The term ``mass comment'' means 
        a comment submitted as part of an organized submission of a 
        large volume of identical, or substantively identical, comments 
        submitted by different signatories or entities.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comment Integrity and Management Act 
of 2024''.

SEC. 2. REPORT ON THE INTEGRITY AND MANAGEMENT OF MASS COMMENTS, 
              COMPUTER-GENERATED COMMENTS, AND FALSELY ATTRIBUTED 
              COMMENTS IN THE REGULATORY REVIEW PROCESS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) Agency.--The term ``agency'' has the meaning given the 
        term in section 3502 of title 44, United States Code.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Oversight and Accountability of the House of 
        Representatives.
            (4) Comment.--The term ``comment'' means a submission under 
        section 553(c) of title 5, United States Code.
            (5) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (6) Mass comment.--The term ``mass comment'' means a 
        comment submitted as part of an organized submission of a large 
        volume of identical, or substantively identical, comments 
        submitted by different signatories or entities.
    (b) Annual Report.--Not later than 240 days after the date of 
enactment of this Act, and annually during the 5-year period 
thereafter, the Director, in consultation with the Administrator, shall 
submit a report to the appropriate congressional committees and post a 
report on the website of the Office of Management and Budget on--
            (1) the prevalence of mass comments, computer-generated 
        comments, and falsely attributed comments in the rulemaking 
        process;
            (2) the effect of mass comments, computer-generated 
        comments, and falsely attributed comments on the rulemaking 
        process;
            (3) leading practices, including policies and technologies, 
        that agencies are using to identify and respond to mass 
        comments, computer-generated comments, and falsely attributed 
        comments in the rulemaking process; and
            (4) agency efforts to respond to mass comments, computer-
        generated comments, and falsely attributed comments.
    (c) GAO Report on Computer-generated Comments.--Not later than 2 
years after the date of enactment of this Act, the Comptroller General 
of the United States shall submit to the appropriate congressional 
committees a report on computer-generated comments that includes--
            (1) recommendations on how to identify a computer-generated 
        comment;
            (2) any effects that computer-generated comments have on 
        the rulemaking process;
            (3) the extent to which the public uses computer-generated 
        comments to participate in the rulemaking process at the time 
        the report is submitted;
            (4) how prevalent computer-generated comments are at the 
        time the report is submitted; and
            (5) how prevalent the Comptroller General of the United 
        States anticipates computer-generated comments will be 5 years 
        after the date on which the report is submitted.

SEC. 3. NO NEW FUNDS.

    No additional funds are authorized to be appropriated for the 
purpose of carrying out this Act.
                                                       Calendar No. 712

118th CONGRESS

  2d Session

                               H. R. 7528

                          [Report No. 118-306]

_______________________________________________________________________

                                 AN ACT

  To amend section 206 of the E-Government Act of 2002 to improve the 
   integrity and management of mass comments and computer-generated 
   comments in the regulatory review process, and for other purposes.

_______________________________________________________________________

            December 17 (legislative day, December 16), 2024

                       Reported with an amendment
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