,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ifdc ,,in ,,the ,,house ,,of ,,representatives ,july #ac1 #bjbf,mr4 ,higgins of ,louisiana introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,a ,,bill ,to amend section #bjf of the ,e-,government ,act of #bjjb to improve the integrity and management of mass comments and computer-generated comments in the regulatory review process1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,comment ,integrity and ,management ,act4 #b4 ,purpose ,the purpose of this ,act is to help ,federal agencies manage mass and computer-generated comments in the ,federal regulatory process4 ,this should in no way be understood to discourage mass comments1 which are a vital part of the regulatory process4 #c4 ,improving integrity and management of mass comments and computer-generated comments in the regulatory review process 7a7 ,in general ,section #bjf of the ,e-,government ,act of #bjjb 7,public ,law #ajg-cdg2 #dd ,u4,s4,c4 #ceja note7 is amended by-- 7#a7 redesignating subsection 7e7 as subsection 7f72 and 7#b7 inserting after subsection 7d7 the following3 7e7 ,information integrity 7#a7 ,verification of electronic submissions ,with respect to each comment accepted by electronic means under subsection 7c71 in accordance with the guidance established by ,director in paragraph 7#c71 the head of an agency shall verify1 to the greatest extent possible1 at the time the comment is submitted1 whether the comment has been submitted by a human being4 7#b7 ,identification and management of mass comments 7,a7 ,identification of mass comments ,with respect to each comment accepted by electronic means under subsection 7c7 by the head of an agency1 the head of the agency shall-- 7i7 to the extent practicable1 reasonably determine whether such comment is a mass comment2 and 7ii7 in the case that the agency has made a reasonable determination that the comment is a mass comment1 indicate on any publicly available copy of the comment1 or comment variations1 7through a label or indicator1 and in a machine and human readable format71 that the comment is part of a mass comment submission2 and 7,b7 ,handling of mass comments ,notwithstanding subsection 7d77#b77;,a71 instead of making available through the electronic docket of the agency each comment identified as a mass comment under paragraph 7#b71 the head of an agency may-- 7i7 make available through such docket only a single representative sample of each such mass comment2 or 7ii7 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 comment4 7,c7 ,number of submissions ,in the 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 7,b71 the head of the agency shall indicate 7through a label or indicator1 and in a machine and human readable format71 on the sample or copy made available1 the number of submissions that were determined to be identical1 or substantively identical to the sample or copy made available on such docket4 7#c7 ,,omb guidance 7,a7 ,guidance ,not later than #bdj days after the date of the enactment of this subsection1 the ,director1 in consultation with the ,administrator of ,general ,services1 shall issue guidance to the heads of each agency on the implementation of the requirements of this subsection4 7,b7 ,contents of ,guidance ,the guidance issued pursuant to subparagraph 7,a7 shall include recommendations for agencies on how to best manage comments accepted by electronic means1 including recommendations on how to do the following3 7i7 ,use technology tools and procedures that verify1 to the greatest extent possible1 whether a comment is being submitted by a human being4 7ii7 ,identify mass comments1 including how to leverage software tools to identify whether a comment is a mass comment4 7iii7 ,indicate 7through a label or indicator1 and in a machine- and human-readable format71 that a comment is a mass comment4 7iv7 ,use new technology to offer new opportunities for public participation in the rulemaking process4 7,c7 ,updates ,the ,director1 in consultation with the ,administrator of ,general ,services1 may update the guidance issued pursuant to subparagraph 7,a71 as determined necessary by the ,director4 7#d7 ,policies concerning posting and consideration of computer-generated comments and mass comments 7,a7 ,in general ,not later than #a year after the date of the enactment of this subsection1 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-- 7i7 the requirements of paragraph 7#b72 and 7ii7 the guidance issued under paragraph 7#c74 7,b7 ,availability of policy ,not later than #fj days after the date on which the head of an agency establishes a policy pursuant to subparagraph 7,a71 the head of the agency shall1 to the extent practicable1 post the policy on the website through which an agency makes comments available pursuant to subsection 7d77#b77;,a74 7,c7 ,update to policy ,the policy established pursuant to subparagraph 7,a7-- 7i7 shall be updated as necessary to make such guidance consistent with any updates to the guidance issued under paragraph 7#c72 and 7ii7 may be updated by the head of the agency1 in consultation with the ,director1 as the head of the agency determines appropriate4 7#e7 ,exception to time limitation for implementation ,the requirement described under subsection 7f7 shall not apply to this subsection4 7#f7 ,definitions ,in this subsection3 7,a7 ,comment ,the term comment means a submission under section #eec7;c7 of title #e1 ,united ,states ,code4 7,b7 ,computer-generated comment ,the term computer-generated comment means a comment the substance of which is primarily generated by computer software1 including through the use of artificial intelligence1 rather than by a human being4 7,c7 ,mass comment ,the term mass comment means a comment submitted as part of an organized submission of a large volume of identical1 or substantively identical1 comments submitted by different signatories or entities4 4 7b7 ,update to websites1 information systems of agencies 7#a7 ,in general ,not later than #ah months after the date of the enactment of this ,act1 the head of each agency subject to the requirements of section #bjf7;e7 of the ,e-,government ,act1 as added by subsection 7a71 shall update any website of the agency1 and any information system of the agency1 as necessary to ensure compliance with the requirements of such section4 7#b7 ,regulations4gov ,the ,administrator of ,general ,services1 acting through the e,rulemaking ,program ,management ,office1 shall update ,regulations4gov as necessary to ensure compliance with the requirements of section #bjf7;e7 of the ,e-,government ,act1 as added by subsection 7a74 7#c7 e,rulemaking system ,the ,administrator of ,general ,services shall update the shared e,rulemaking system on behalf of participating agencies4 7c7 ,,gao report on computer-,generated comments 7#a7 ,report ,not later than #b years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,oversight and ,government ,reform 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 #bjf7;e7 of the ,e-,government ,act of #bjjb 7,public ,law #ajg-cdg2 #dd ,u4,s4,c4 #ceja note71 that includes the following3 7,a7 ,recommendations on how to identify if a submission under that section is a computer-generated comment4 7,b7 ,any effect that computer-generated comments have on the rulemaking process4 7,c7 ,the extent to which the public uses computer-generated comments to participate in the rulemaking process at the time the report is submitted4 7,d7 ,how prevalent computer-generated comments are at the time the report is submitted4 7,e7 ,how prevalent the ,comptroller ,general anticipates computer-generated comments will be #e years after the date on which the report is submitted4 7d7 ,rule of construction ,nothing in this ,act1 or the amendments made by this ,act1 may be construed as affecting the consideration of a mass comment by the head of an agency during the rulemaking process4 7e7 ,definitions ,in this section3 7#a7 ,comment ,the term comment means a submission under section #eec7;c7 of title #e1 ,united ,states ,code4 7#b7 ,computer-generated comments ,the term computer-generated comment means a comment the substance of which is primarily generated by computer software1 including through the use of artificial intelligence1 rather than by a human being4 7#c7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#d7 ,mass comment ,the term mass comment means a comment submitted as part of an organized submission of a large volume of identical1 or substantively identical1 comments submitted by different signatories or entities4