II 

118TH CONGRESS 

2D SESSION S. 4434 

To improve retrospective reviews of Federal regulations, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2024 

Mr. LEE (for himself and Ms. LUMMIS) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To improve retrospective reviews of Federal regulations, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Modernizing Retro5 spective Regulatory Review Act’’. 

6 SEC. 2. IMPROVING RETROSPECTIVE REVIEWS OF FED7 ERAL REGULATIONS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) ADMINISTRATIVE COMMITTEE OF THE FED10 ERAL REGISTER.—The term ‘‘Administrative ComVerDate Sep 11 2014 20:44 Jul 16, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4434.IS S4434

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1 mittee of the Federal Register’’ means the com2 mittee established under section 1506 of title 44, 

3 United States Code. 

4 (2) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Office of In6 formation and Regulatory Affairs. 

7 (3) AGENCY.—The term ‘‘agency’’ has the 

8 meaning given the term in section 3502 of title 44, 

9 United States Code. 

10 (4) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means— 

13 (A) the Committee on Oversight and Ac14 countability of the House of Representatives; 

15 and 

16 (B) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate. 

18 (5) DIRECTOR OF GPO.—The term ‘‘Director of 

19 GPO’’ means the Director of the Government Pub20 lishing Office. 

21 (6) MACHINE-READABLE.—The term ‘‘machine22 readable’’ has the meaning given the term in section 

23 3502 of title 44, United States Code. 

24 (7) RETROSPECTIVE REVIEW OF A REGULATION

25 OF THE AGENCY.—The term ‘‘retrospective review of 


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1 a regulation of the agency’’ means a review of regu2 lations of the agency conducted after the regulation 

3 has been issued that is required by law or deter4 mined appropriate by the head of the agency. 

5 (b) REPORT ON AVAILABILITY OF EXISTING REGU6 LATIONS IN MACHINE-READABLE FORMAT.— 

7 (1) IN GENERAL.—Not later than 180 days 

8 after the date of enactment of this Act, the Director 

9 of the Office of Management and Budget, acting 

10 through the Administrator and in consultation with 

11 the Director of GPO, the Archivist of the United 

12 States, and the Director of the Federal Register, 

13 shall submit to the appropriate congressional com14 mittees, a report on the progress of the Federal Gov15 ernment in making regulations of agencies available 

16 in machine-readable format. 

17 (2) CONTENTS OF REPORT.—The report re18 quired by paragraph (1) shall include— 

19 (A) an assessment of whether agency regu20 lations have been made available in a machine21 readable format to the public; and 

22 (B) information regarding the recognition 

23 by the Administrative Committee of the Federal 

24 Register of the eCFR maintained by the Direc25 tor of the Federal Register and the Director of 


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1 GPO as an official legal edition of the Code of 

2 Federal Regulations. 

3 (c) GUIDANCE ON USING TECHNOLOGY TO CONDUCT

4 RETROSPECTIVE REVIEWS.— 

5 (1) IN GENERAL.—Not later than 18 months 

6 after the date of enactment of this Act, the Director 

7 of the Office of Management and Budget, acting 

8 through the Administrator, shall issue guidance on 

9 how the head of an agency can— 

10 (A) use technology (including algorithmic 

11 tools and artificial intelligence) to more effi12 ciently, cost-effectively, and accurately conduct 

13 any retrospective review of the existing regula14 tions of the agency, including how to identify, 

15 procure, and use such technology to identify 

16 through any such review regulations of the 

17 agency that— 

18 (i) are obsolete, ineffective, or insuffi19 cient; 

20 (ii) are excessively burdensome or 

21 should be improved; 

22 (iii) contain typographical errors; 

23 (iv) contain inaccurate cross ref24 erences; or 


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1 (v) are redundant, contradict, or over2 lap with any regulations or standards of 

3 the agency; and 

4 (B) adequately train personnel of the agen5 cy on how to use such technology. 

6 (2) DEVELOPMENT OF GUIDANCE.—In devel7 oping the guidance required pursuant to paragraph 

8 (1), the Administrator shall take into account any 

9 assessment or information included in the report re10 quired by subsection (b). 

11 (d) AGENCY RETROSPECTIVE REVIEW PLAN.—Not 

12 later than 2 years after the date of enactment of this Act, 

13 the head of each agency shall submit to the Administrator 

14 and the appropriate congressional committees a plan 

15 that— 

16 (1) includes a detailed strategy for imple17 menting the guidance issued pursuant to subsection 

18 (c) with respect to the regulations of the agency; 

19 (2) identifies any regulation of the agency, or 

20 categories of regulations of the agency, that the 

21 head of the agency— 

22 (A) is required by law to review after the 

23 applicable regulation is issued; or 

24 (B) determines would benefit from being 

25 reviewed after the regulation is issued; and 


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1 (3) includes any additional information, data, 

2 or ex-post analysis determined necessary or useful 

3 by the head of the agency. 

4 (e) AGENCY IMPLEMENTATION.—Not later than 180 

5 days after the date on which the head of an agency sub6 mits the plan required by subsection (d), the head of the 

7 agency shall implement the strategy included in such plan 

8 with respect to any retrospective review of a regulation 

9 of the agency. 

Æ 


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