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HR 9643

Comment Integrity and Management Act

119th Congress Introduced by Clay Higgins

The act requires agencies to verify human submissions, identify and label mass or computer-generated comments, and update policies and systems to improve transparency and integrity

Committee Consideration and Mark-up Session Held
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Bill Summary · HR 9643

Summary of Bill: Comment Integrity and Management Act (HR 9643)

Purpose

  • The bill amends section 206 of the E-Government Act of 2002 to improve the integrity and management of mass comments and computer-generated comments in the federal regulatory review process.
  • It emphasizes ensuring comments are authentic (human-submitted) while preserving the value of mass participation in rulemaking.

Key Provisions and Changes

  1. Information Integrity for Electronic Submissions

    • Agencies must verify, to the greatest extent possible, at the time a comment is submitted, whether the comment is submitted by a human being.
    • Verification guidance is to be issued by the Director (of the Office of Management and Budget) with input from the Administrator of General Services.

  2. Identification and Handling of Mass Comments

    • Agencies must determine, to the extent practicable, whether a comment is part of a mass comment submission.
    • If identified as a mass comment, agencies must label the public copy (machine- and human-readable) to indicate it is part of a mass submission.
    • Instead of posting every mass comment, agencies may:
      • Provide a single representative sample of each mass comment, or
      • For mass comments with variations on standardized language, provide a single copy of one variation.
    • When providing a sample or variation, agencies must label the number of identical or substantially identical submissions.

  3. OMB Guidance on Implementation

    • Within 240 days of enactment, the Director (in consultation with GSA) must issue guidance on:
      • Verifying human submissions,
      • Identifying mass comments using software tools,
      • Labeling mass comments,
      • Leveraging technology to expand public participation.

  4. Policies on Computer-Generated and Mass Comments

    • Agencies must establish a policy within 1 year on posting and considering computer-generated and mass comments in rulemaking, aligned with the new requirements and guidance.
    • Agencies must post the policy on the public docket website within 60 days of establishment and update it as needed to stay consistent with updated guidance.

  5. Web and Information System Updates

    • Agencies must update their websites and information systems within 18 months to comply with the new requirements.
    • GSA’s eRulemaking program and Regulations.gov must be updated accordingly.

  6. GAO Report on Computer-Generated Comments

    • Within 2 years, the Comptroller General must submit a report assessing:
      • How to identify computer-generated comments,
      • Effects on the rulemaking process,
      • Public use and prevalence of computer-generated comments now and five years later.

Definitions

  • Comment: A submission under 5 U.S.C. § 553(c).
  • Computer-generated comment: Content primarily generated by software/AI.
  • Mass comment: An organized submission of a large volume of identical or substantially identical comments from multiple signatories/entities.
  • Director: The Director of the Office of Management and Budget.

Affected Parties

  • Federal regulatory agencies subject to the E-Government Act.
  • Public commenters in rulemaking processes.
  • Office of Management and Budget and General Services Administration overseeing eRulemaking.
  • Government Accountability Office (GAO) for the post-enactment review.

Timeline Highlights

  • 240 days: OMB-GSA guidance on implementation.
  • 1 year: Agencies must establish posting/consideration policies for computer-generated and mass comments.
  • 60 days after policy: Agencies must publish the policy on their public docket website.
  • 18 months: Agencies must update websites/information systems.
  • 2 years: GAO report due on computer-generated comments.

Notes

  • The act clarifies that nothing should impede the consideration of mass comments; it simply seeks to improve transparency and integrity in how mass and computer-generated comments are identified and presented.

Compiled from official sources — confirm details with the bill’s official record.

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