Bill Summary
This legislation is called the "Modernizing Retrospective Regulatory Review Act" and it was enacted by the United States Senate and House of Representatives. The purpose of this bill is to improve the process of reviewing federal regulations, and it also includes other provisions. In section 2, the bill defines various terms, such as "agency" and "retrospective review of a regulation," which is a review of regulations after they have been issued. The bill also requires a report to be submitted to Congress within 180 days on the progress of making regulations available in a machine-readable format. Additionally, within 18 months, guidance must be issued on how agencies can use technology to more efficiently and accurately conduct retrospective reviews. Two years after the enactment of the bill, each agency is required to submit a plan for implementing the guidance, including identifying regulations that need to be reviewed and any necessary information or data. Within 180 days of submitting the plan, the agency must implement the strategy for conducting retrospective reviews.
Possible Impacts
1. The legislation could affect people by increasing transparency and accessibility to government regulations. The provision for making regulations available in a machine-readable format could make it easier for the public to understand and comply with these regulations, potentially reducing compliance costs and confusion for individuals.
2. The legislation could also affect people by potentially reducing burdensome or redundant regulations. By requiring agencies to conduct retrospective reviews and identify regulations that are obsolete or ineffective, the legislation could lead to a more streamlined and efficient regulatory system, potentially saving time and resources for individuals who must comply with these regulations.
3. The legislation could also affect people by promoting the use of technology, such as algorithmic tools and artificial intelligence, in conducting retrospective reviews. This could potentially make the review process more accurate and cost-effective, potentially reducing the burden on individuals who are impacted by these regulations.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4434 Introduced in Senate (IS)]
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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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing Retrospective Regulatory
Review Act''.
SEC. 2. IMPROVING RETROSPECTIVE REVIEWS OF FEDERAL REGULATIONS.
(a) Definitions.--In this section:
(1) Administrative committee of the federal register.--The
term ``Administrative Committee of the Federal Register'' means
the committee established under section 1506 of title 44,
United States Code.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Information and Regulatory
Affairs.
(3) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Oversight and Accountability
of the House of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate.
(5) Director of gpo.--The term ``Director of GPO'' means
the Director of the Government Publishing Office.
(6) Machine-readable.--The term ``machine-readable'' has
the meaning given the term in section 3502 of title 44, United
States Code.
(7) Retrospective review of a regulation of the agency.--
The term ``retrospective review of a regulation of the agency''
means a review of regulations of the agency conducted after the
regulation has been issued that is required by law or
determined appropriate by the head of the agency.
(b) Report on Availability of Existing Regulations in Machine-
Readable Format.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of Management
and Budget, acting through the Administrator and in
consultation with the Director of GPO, the Archivist of the
United States, and the Director of the Federal Register, shall
submit to the appropriate congressional committees, a report on
the progress of the Federal Government in making regulations of
agencies available in machine-readable format.
(2) Contents of report.--The report required by paragraph
(1) shall include--
(A) an assessment of whether agency regulations
have been made available in a machine-readable format
to the public; and
(B) information regarding the recognition by the
Administrative Committee of the Federal Register of the
eCFR maintained by the Director of the Federal Register
and the Director of GPO as an official legal edition of
the Code of Federal Regulations.
(c) Guidance on Using Technology To Conduct Retrospective
Reviews.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Director of the Office of Management
and Budget, acting through the Administrator, shall issue
guidance on how the head of an agency can--
(A) use technology (including algorithmic tools and
artificial intelligence) to more efficiently, cost-
effectively, and accurately conduct any retrospective
review of the existing regulations of the agency,
including how to identify, procure, and use such
technology to identify through any such review
regulations of the agency that--
(i) are obsolete, ineffective, or
insufficient;
(ii) are excessively burdensome or should
be improved;
(iii) contain typographical errors;
(iv) contain inaccurate cross references;
or
(v) are redundant, contradict, or overlap
with any regulations or standards of the
agency; and
(B) adequately train personnel of the agency on how
to use such technology.
(2) Development of guidance.--In developing the guidance
required pursuant to paragraph (1), the Administrator shall
take into account any assessment or information included in the
report required by subsection (b).
(d) Agency Retrospective Review Plan.--Not later than 2 years after
the date of enactment of this Act, the head of each agency shall submit
to the Administrator and the appropriate congressional committees a
plan that--
(1) includes a detailed strategy for implementing the
guidance issued pursuant to subsection (c) with respect to the
regulations of the agency;
(2) identifies any regulation of the agency, or categories
of regulations of the agency, that the head of the agency--
(A) is required by law to review after the
applicable regulation is issued; or
(B) determines would benefit from being reviewed
after the regulation is issued; and
(3) includes any additional information, data, or ex-post
analysis determined necessary or useful by the head of the
agency.
(e) Agency Implementation.--Not later than 180 days after the date
on which the head of an agency submits the plan required by subsection
(d), the head of the agency shall implement the strategy included in
such plan with respect to any retrospective review of a regulation of
the agency.
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