Transparency and Public Participation in the Rulemaking Process


Book Description

Each year, federal regulatory agencies create thousands of new rules that affect the economy. When these agencies insulate themselves too much from the public, they are more likely to make suboptimal decisions and decrease public acceptance of their resulting rules. A nonpartisan Task Force on Transparency and Public Participation met in 2008 to identify current deficiencies in agency rule making procedures and develop recommendations for the next presidential administration to improve the quality of regulations and the legitimacy of regulatory proceedings. This report summarizes the Task Force's deliberations, indicating ways that federal agencies could do a better job of seeking citizen comment earlier in the rule making process and of reaching out to all affected groups in an evenhanded manner. The report includes not only targeted recommendations on transparency and public participation, but also strategic-management recommendations which, if adopted, should help ensure that agencies continue to improve their transparency and public participation practices over time. Posted paper, uploaded January 2010, is the published version of the working paper originally posted November 2008.




Unified Agenda


Book Description

The Obama Administration has launched an initiative to make the policymaking process more open and transparent, and has asked for comments from the public on how the rulemaking process in particular can be improved in these respects. Contents of this report: (1) Introduction; (2) Open Government and Rulemaking: The Rulemaking Process; Importance of the Pre-NPRM Period; (3) The Unified Agenda as a Possible Vehicle for Pre-NPRM Transparency and Public Participation; (4) Agencies¿ Use of Unified Agenda Before Proposed Rules Varied; (5) Discussion; and (6) Policy Options. Illustrations.




Transparency, Public Consultation Practices and Government Accountability in U.S. Rulemaking


Book Description

This paper provides basic information on transparency, public participation and government accountability in U.S. rulemaking procedures, in constitutional and historical context. Under the U.S. Administrative Procedure Act, regulatory agencies must (1) provide the public with sufficient specific information about a regulatory proposal to fairly apprise interested parties of the subjects and issues involved so that they may present responsive data or arguments, and (2) consider, analyze and address significant public comments when issuing any final rule.




The Unified Agenda: Implications for Rulemaking Transparency and Participation


Book Description

The Obama Administration has launched an initiative to make the policymaking process more open and transparent, and has asked for comments from the public on how the rulemaking process in particular can be improved in these respects. Some observers have concluded that the most critical part of that process occurs before a proposed rule is published in the Federal Register, and (for significant rules) possibly even earlier - before the rule is approved by the issuing agency and submitted to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget for review pursuant to Executive Order 12866. A representative of the Obama Administration has said that the public will be allowed to participate in the development of proposed rules. However, in order for the public to do so, or to allow more time to prepare comments during sometimes brief comment periods, the public must first know that the proposed rule is being developed.




Public Participation in Environmental Assessment and Decision Making


Book Description

Federal agencies have taken steps to include the public in a wide range of environmental decisions. Although some form of public participation is often required by law, agencies usually have broad discretion about the extent of that involvement. Approaches vary widely, from holding public information-gathering meetings to forming advisory groups to actively including citizens in making and implementing decisions. Proponents of public participation argue that those who must live with the outcome of an environmental decision should have some influence on it. Critics maintain that public participation slows decision making and can lower its quality by including people unfamiliar with the science involved. This book concludes that, when done correctly, public participation improves the quality of federal agencies' decisions about the environment. Well-managed public involvement also increases the legitimacy of decisions in the eyes of those affected by them, which makes it more likely that the decisions will be implemented effectively. This book recommends that agencies recognize public participation as valuable to their objectives, not just as a formality required by the law. It details principles and approaches agencies can use to successfully involve the public.




Regulation


Book Description

Federal regulations affect nearly every area of our lives and interest in them is increasing. However, many people have no idea how regulations are developed or how they have an impact on our lives. Regulation: A Primer by Susan Dudley and Jerry Brito provides an accessible overview of regulatory theory, analysis, and practice. The Primer examines the constitutional underpinnings of federal regulation and discusses who writes and enforces regulation and how they do it. Published by the Mercatus Center at George Mason University, it also provides insights into the different varieties of regulation and how to analyze whether a regulatory proposal makes citizens better or worse off. Each chapter discusses key aspects of regulation and provides further readings for those interested in exploring these topics in more detail.




Rulemaking 2.0


Book Description

This report discusses how governments can improve the rulemaking process by taking full advantage of Rulemaking 2.0 technology for better public participation in rulemaking. The findings and recommendations are based on five experiments with Rulemaking 2.0 conducted by CeRI (Cornell eRulemaking Initiative) researchers, four in partnership with the Department of Transportation and one with the Consumer Financial Protection Bureau. While addressing specifically better public participation in rulemaking, the concepts, findings, and recommendations are applicable to all government agencies interested in enhancing public participation in a variety of processes. The report offers advice on increasing both the quantity and quality of public participation from specific groups of citizens. It describes three barriers to effective participation in rulemaking (lack of awareness, low participation literacy, and information overload) and offers strategies to overcome these barriers. --




Rulemaking


Book Description

Rulemaking: How Government Agencies Write Law and Make Policy, Second Edition, is a resource for students and practitioners of political science, public administration, and public policy. The volume provides an in-depth look at how federal agencies make the rules that govern U.S. society. Basic rulemaking procedure, the role of judicial consideration, and historical, practical, and theoretical perspectives on rulemaking are discussed.




Innovative Citizen Participation and New Democratic Institutions Catching the Deliberative Wave


Book Description

Public authorities from all levels of government increasingly turn to Citizens' Assemblies, Juries, Panels and other representative deliberative processes to tackle complex policy problems ranging from climate change to infrastructure investment decisions. They convene groups of people representing a wide cross-section of society for at least one full day – and often much longer – to learn, deliberate, and develop collective recommendations that consider the complexities and compromises required for solving multifaceted public issues.




Evaluating Public Participation in Policy Making


Book Description

This book examines the key issues for consideration when evaluating information, consultation and public participation.