Modernizing Retrospective Regulatory Review
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Would require the Office of Information and Regulatory Affairs (OIRA) to issue guidance on using artificial intelligence and other technology to review existing federal regulations, and would require every federal agency to develop and carry out a plan based on that guidance.
The bill aims to modernize how agencies identify outdated, burdensome, or redundant regulations by harnessing technology — and would push agencies to make their rules available in machine-readable formats compatible with automated analysis tools.
What this bill would do
What it would do
The bill would direct OIRA, within 18 months of enactment, to issue guidance on how federal agencies can use technology — including algorithmic tools and artificial intelligence — to more efficiently review their existing regulations. Using that guidance, each agency head would then have two years to submit a plan detailing a strategy for technology-assisted regulatory review, identifying which regulations warrant review and including any additional data or analysis the agency deems useful. Within 180 days of submitting its plan, each agency would have to begin implementing that strategy.
Separately, the bill would require OIRA to submit a report to Congress within 180 days of enactment on the federal government's progress in making agency regulations available in machine-readable format. That report must also address whether the Administrative Committee of the Federal Register has recognized the Electronic Code of Federal Regulations (eCFR) as an official legal edition of the Code of Federal Regulations — a status it currently lacks despite being considered authoritative.
Key provisions
- 1Would require OIRA to report to Congress within 180 days on agency progress in making regulations available in machine-readable format, including eCFR's legal status.
- 2Would require OIRA to issue guidance within 18 months on how agencies can use AI and other technology to identify obsolete, redundant, or erroneous regulations.
- 3Would require each agency head to submit a detailed retrospective review plan within 2 years, identifying regulations to review and a strategy for implementing the OIRA guidance.
- 4Would require each agency to begin implementing its retrospective review strategy within 180 days of submitting its plan to OIRA and Congress.
Who would be affected
The Office of Information and Regulatory Affairs (OIRA), all federal agencies subject to 44 U.S.C. § 3502, the Government Publishing Office, the Office of the Federal Register, and the National Archives. Businesses, advocacy groups, and members of the public who interact with federal regulations could ultimately be affected if agencies use technology-assisted review to repeal or revise rules.
Why it matters
If enacted, agencies across the federal government would be legally required — for the first time — to adopt a technology-driven approach to identifying obsolete or redundant rules, with congressional oversight built in via mandatory plans and reports. The eCFR provision could affect the legal weight given to that widely used online regulatory database.
What would change
Agencies directed to act
Effective dates
- OIRA report on machine-readable regulation availability due to Congress
- OIRA guidance on using technology for retrospective regulatory review
- Each agency head's retrospective review plan due to OIRA and Congress
- Each agency must begin implementing its retrospective review strategy
Funding and costs
Congressional Budget Office estimate
CBO estimates H.R. 67 would cost approximately $12 million in discretionary spending (spending subject to appropriation) over the 2026–2030 period, with a negligible effect on direct spending and no effect on revenues or the deficit.
CBO estimates that H.R. 67 would require about $12 million in spending subject to appropriation (i.e., funds Congress must annually approve) over the 2026–2030 period, primarily to cover agency costs of conducting retrospective reviews of existing federal regulations using technology and artificial intelligence. The bill would have a negligible effect on direct spending (mandatory spending) — agencies that collect fees to cover operating costs could adjust those collections to offset any added costs — and no effect on revenues. CBO does not estimate costs beyond 2030, and the bill would not increase on-budget deficits in any of the four consecutive 10-year periods beginning in 2036. CBO identified no intergovernmental or private-sector mandates in the bill.
How implementation would work
OIRA would first produce a report on machine-readable regulation availability (180-day deadline), then issue guidance on AI-assisted regulatory review drawing on that report (18-month deadline). Every agency head would then submit a detailed compliance plan to OIRA and appropriate congressional committees (2-year deadline) and begin implementing that plan within 180 days of submission. The guidance must also address personnel training on any technology deployed. Congressional oversight runs through the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs.
Legislative status & sources
Latest action
Ordered to be Reported by the Yeas and Nays: 24 - 18.
Official CRS summary
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This bill requires the Office of Information and Regulatory Affairs (OIRA) to issue guidance for using technology to retrospectively review existing federal regulations and, in consultation with relevant agencies, report on the progress of the federal government in making agency regulations available in a machine-readable format.
Specifically, the OIRA report must (1) assess whether regulations of agencies have been made available to the public in a machine-readable format, and (2) provide information about the recognition by the Administrative Committee of the Federal Register of the Electronic Code of Federal Regulations (eCFR) as an official legal edition of the Code of Federal Regulations. Currently, the content of the eCFR is authoritative but unofficial.
Additionally, not later than 18 months after the enactment of this bill, the OIRA must issue guidance about how a federal agency can use technology to retrospectively review the agency's existing regulations. Each agency must plan and implement a strategy to comply with the OIRA's guidance for the retrospective review.
Legislative subjects
Administrative law and regulatory procedures; Computers and information technology; Congressional oversight; Government Operations and Politics; Government information and archives