Feds to hide mass comments behind single samples in rulemaking
H.R. 9643 — Comment Integrity and Management Act · Filed by Clay Higgins (R-LA) · Introduced Jul 13, 2026 · Reported out
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What it does
This bill requires federal agencies to verify that online regulatory comments are submitted by humans (not bots), identify mass comments submitted as part of organized campaigns, and label them publicly. Instead of posting every identical mass comment, agencies may post a single representative sample and note how many identical submissions were received. Agencies must establish policies on handling computer-generated and mass comments within one year, and OMB must issue guidance within 240 days. The bill explicitly states it does not discourage mass comments and does not affect how agencies consider them in rulemaking.
Why we flagged it
The bill's core function is to standardize how federal agencies identify, label, and display mass and computer-generated comments in the rulemaking process. It is a procedural and transparency measure aimed at improving the integrity of regulatory input, not a substantive policy change.
What the text implies
- Agencies gain discretion to reduce the visible volume of mass comments by displaying only one sample per campaign, which may psychologically diminish the perceived public support for a position even though all comments are legally considered.
- The bill does not define 'substantively identical' with precision, giving agencies significant latitude in determining which comments qualify as mass submissions and thus eligible for sample-only display.
The full analysis lists 4 implications of this text.
Who stands to gain
software vendors providing comment-verification and mass-comment-identification tools; consulting firms advising agencies on compliance and policy development