In December 2024, Congress considered the "Comment Integrity and Management Act of 2024," which aimed to amend the E-Government Act of 2002. The goal of the amendment is to address the integrity and management of mass comments and computer-generated comments in the federal regulatory review process. This bill is focused on ensuring that mass comments are still encouraged as they remain crucial to the regulatory process, while also managing how these comments, including those potentially generated by computers, are handled by federal agencies.

General Summary of the Bill

The proposed legislation introduces significant changes to how federal agencies handle public feedback through electronic comments during the regulatory process. It seeks to improve the identification and management of mass comments—defined as organized submissions of similar comments—and computer-generated comments, which are drafted by software rather than a human. The bill outlines steps for agencies to verify whether comments are submitted by humans, label mass comments, and establish policies for the consideration and posting of these comments. There is a requirement for the Office of Management and Budget to issue guidance on these processes, and it mandates the updating of information systems to support these new requirements.

Significant Issues

One of the major issues with the bill is its lack of clarity on several fronts. It does not specify how the necessary budget and resources will be allocated to implement these procedures, potentially causing financial challenges for some agencies. There is also a lack of detailed guidance on how agencies should differentiate between human and computer-generated comments. This could lead to inconsistent application across various federal departments.

Another concern arises from the definitions used in the bill. Terms like "mass comment" and "computer-generated comment" are not precisely defined, which could lead to confusion in their practical implementation. Additionally, the bill includes several future tasks without clear timelines or accountability measures beyond initial deadlines, which may result in delays or inefficiencies.

Moreover, the bill mandates annual reporting on the prevalence and impact of these comments for five years. These frequent reports could become repetitive and consume resources unnecessarily without providing new insights or solutions.

Impact on the Public

For the general public, this bill could improve the transparency and reliability of the regulatory process by ensuring that comments submitted are genuine expressions of public opinion rather than automated or orchestrated campaigns. However, it could also slow down the process if agencies face challenges in implementing the required verification systems or if the costs outweigh the anticipated benefits.

Impact on Specific Stakeholders

Federal agencies will be directly affected by this legislation as it requires them to update their systems and policies. Without additional funding, this could stretch their resources, particularly for agencies with smaller budgets.

The technology sector, particularly those developing verification and content management software, might see new opportunities as agencies look to technology to meet these new requirements. However, they may also face pressure to deliver effective solutions quickly due to the timelines laid out in the bill.

Advocacy and community groups that often use mass commenting as a tool to influence policy might be affected by new labeling and management standards, which could alter how their comments are perceived or valued in the regulatory process. The bill emphasizes transparency but does not restrict mass commenting, thus maintaining its role as a vital part of democratic participation.