[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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