ERulemaking

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Electronic rulemaking (also known as eRulemaking and e-rulemaking) is the use of digital technologies by government agencies in the rulemaking and decision making processes of the United States. An interdisciplinary electronic rulemaking research community has formed as a result of National Science Foundation funding under the auspices of the Digital Government Program. Groups such as the Cornell E-Rulemaking Initiative (CeRI) have been focused on researching how technologies such as Web 2.0 can help foster greater public participation in the political process, specifically, in Federal Agencies’ rulemaking.

Contents

Background

In the United States, Electronic rulemaking (also known as eRulemaking and e-rulemaking) can be understood as a subset of a larger Federal eGovernment initiative. In the 1990s Federal Agencies that propose and enact regulations, such as the Department of Transportation (DOT) and Federal Communications Commission (FCC), began to modernize and create websites for publication of proposed regulations and online commenting from the public. [1]

President George W. Bush made strides in increasing e-Government. Under President Bush, Congress passed the Honest Leadership and Open Government Act, which among other things, required agencies to accept comments electronically and make various information, including comments and rulemaking materials, publicly available online. [1]

Since 2008, President Barack Obama has greatly increased the number of Federal eGovernment initiatives. [1]

2009 initiatives and reforms

In 2009, President Barack Obama directed government agencies to utilize new technologies such as Web 2.0 and other information technology to increase transparency and openness in government. [2] Soon after, the Office of Management and Budget (OMB) issued a memorandum to the Federal Agencies reiterating three open government principles, “transparency, participation, and collaboration,” identified by the President. [3] OMB gave agencies four months to create an “open government plan,” which would address each “cornerstone” of open government. [3]

OMB gave details on how to address each cornerstone. For “transparency,” the agencies were required to publish “high-value” data and other information in an “open” format, and “inform the public of significant actions and business of [the] agency.” [3] To address “participation,” agencies were required to openly link to sites where the public could “actively participate,” and to “include proposals for new feedback mechanisms, including innovative tools and practices that create new and easier methods for public engagement.” [3] Finally, to address “collaboration,” agencies were required to “include proposals to use technology platforms to improve collaboration among people within and outside your agency,” and use innovative methods to increase collaboration. [3]

In addition to addressing the “cornerstones,” agencies were required to identify a “flagship initiative.” [3] The flagship initiative had to be “at least one specific, new transparency, participation, or collaboration initiative that your agency is currently implementing (or that will be implemented before the next update of the Open Government Plan).” [3]

Third party e-rulemaking initiatives

Cornell e-Rulemaking Initiative

Cornell University has started a multidisciplinary collaboration known as the Cornell eRulemaking Initiative, or CeRI. [4] Backed by a National Science Foundation grant, CeRI has begun researching and applying Web 2.0 technologies in a political setting. [5] The group includes faculty and students from Computing and Information Science, Law, and the Scheinman Institute on Conflict Resolution. [4] CeRI uses an interdisciplinary approach to discover and apply Web 2.0 and other technologies to “improve public understanding of, and participation in, rulemaking.” [6]

In 2009, CeRI launched the site RegulationRoom.org. [7] The site, which is hosted by the Legal Information Institute, is an independent non-governmental online community that allows users to read, comment, and discuss proposed regulations from federal agencies. [8] Professors and students at Cornell Law School summarize the relevant parts of the agency’s proposed regulation, and post the information on the site. [8] Once the proposed rule has been posted, users are able to comment, discuss, and critique the agency’s proposal. [9] At the close of a rule’s comment period, Regulation Room moderators summarize the comments and submit this summary to the Agency as an official comment. [8]

Although CeRI and Regulation Room are research projects unaffiliated with the federal government, [8] In 2010, the DOT partnered with CeRI as part of the White House Open Government Initiative. [10] The purpose of the partnership is to “discover the best ways of using Web 2.0 and social networking technologies to further rulemaking efforts.” [10] DOT has selected Regulation Room as its flagship initiative under the Open Government Directive.

Similar open government initiatives have been launched at other federal agencies. [11]

Since launching in 2009, RegulationRoom.org has hosted four “live” rules from the DOT. [12] These rules included:

See also

Related Research Articles

Office of Management and Budget Office within the Executive Office of the President of the United States

The Office of Management and Budget (OMB) is the largest office within the Executive Office of the President of the United States (EOP). OMB's most prominent function is to produce the president's budget, but it also examines agency programs, policies, and procedures to see whether they comply with the president's policies and coordinates inter-agency policy initiatives.

Electronic Privacy Information Center (EPIC) is an independent nonprofit research center in Washington, D.C. EPIC's mission is to focus public attention on emerging privacy and related human rights issues. EPIC works to protect privacy, freedom of expression, and democratic values, and to promote the Public Voice in decisions concerning the future of the Internet.

E-government is the use of technological communications devices, such as computers and the Internet, to provide public services to citizens and other persons in a country or region. E-government offers new opportunities for more direct and convenient citizen access to government, and for government provision of services directly to citizens.

A notice of proposed rulemaking (NPRM) is a public notice that is issued by law when an independent agency of the US government wishes to add, remove, or change a rule or regulation as part of the rulemaking process. The notice is an important part of US administrative law, which facilitates government by typically creating a process of taking of public comment. The term is also used at the state level in the United States.

<i>Code of Federal Regulations</i> Compilation of US federal regulations

The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the federal government of the United States. The CFR is divided into 50 titles that represent broad areas subject to federal regulation.

<i>Federal Register</i> Official journal of the US federal government

The Federal Register is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on federal holidays. The final rules promulgated by a federal agency and published in the Federal Register are ultimately reorganized by topic or subject matter and codified in the Code of Federal Regulations (CFR), which is updated annually.

In administrative law, rulemaking is the process that executive and independent agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.

Office of Information and Regulatory Affairs subagency within Office of Management and Budget, responsible for oversight of regulatory actions of other executive branch agencies

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United States federal administrative law encompasses statutes, common law, and directives issued by the Office of Information and Regulatory Affairs in the Executive Office of the President, that together define the extent of powers and responsibilities held by administrative agencies of the United States government. The executive, legislative, and judicial branches of the U.S. federal government cannot always directly perform their constitutional responsibilities. Specialized powers are therefore delegated to an agency, board, or commission. These administrative governmental bodies oversee and monitor activities in complex areas, such as commercial aviation, medical device manufacturing, and securities markets.

Electronic participation (e-participation) is the term referring to ICT-supported participation in processes involving government and citizens. Processes may concern administration, service delivery, decision making and policy making. E-participation is hence closely related to e-government and e-governance participation. The need for the term has emerged as citizen interests and interaction with political service providers have increasingly become digitized due to the rise of e-government.

The Administrative Law, Process and Procedure Project is a bipartisan undertaking of the Committee on the Judiciary of the House of Representatives of the United States Congress. It consists of a comprehensive study of the state of administrative law, process and procedure in the United States. A description of the Project was included in the Judiciary Committee's Oversight Plan for the 109th Congress, as approved by the Committee on January 26, 2005. The Project will culminate with the preparation of a detailed report with recommendations for legislative proposals and suggested areas for further research and analysis to be considered by the Administrative Conference of the United States (ACUS). House Judiciary Committee Chairman F. James Sensenbrenner, Jr. (R-WI) and Ranking Member John Conyers (D-MI) requested the Congressional Research Service (CRS) to assist Representative Chris Cannon (R-UT), the Chairman of the Subcommittee on Commercial and Administrative Law (CAL), in conducting the Project.

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Public consultation

Public consultation, public comment (US), or simply consultation, is a regulatory process by which the public's input on matters affecting them is sought. Its main goals are in improving the efficiency, transparency and public involvement in large-scale projects or laws and policies. It usually involves notification, consultation as well as participation. A frequently used tool for understanding different levels of community participation in consultation is known as Arnstein's ladder, although some academics contest that Arnstein's ladder is contextually specific and was not intended to be a universal tool. Ineffective consultations are considered to be cosmetic consultations that were done due to obligation or show and not true participatory decision making.

Electronic on-board recorder

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Enterprise Architecture Assessment Framework

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Regulations.gov is a U.S. Federal government web site that acts as an "Internet portal and document repository" that allows members of the public to participate in the rulemaking processes of some Federal government agencies.

Federal Information Technology Acquisition Reform Act

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References

  1. 1 2 3 Newhart, Mary; Cynthia Farina (January 2011). "Rulemaking 2.0" (PDF). University of Miami Law Review. 65 (2): 400. Retrieved 10 January 2012.[ permanent dead link ]
  2. ↑ "Transparency and Open Government: Memorandum for the Heads of Executive Departments and Agencies". Federal Register. Archived from the original on 30 January 2009. Retrieved 10 January 2012.
  3. 1 2 3 4 5 6 7 "Memorandum for the Heads of Executive Departments and Agencies: Open Government Directive" (PDF). Office of Management and Budget. Archived from the original (PDF) on 9 December 2009. Retrieved 10 January 2012.
  4. 1 2 "CeRI". Cornell E-Rulemaking Initiative. Retrieved 10 January 2012.
  5. ↑ "Cornell eRulemaking Initiative Receives National Science Foundation Grant". Cornell e-Rulemaking Initiative. Retrieved 10 January 2012.
  6. ↑ "About Regulation Room". Cornell e-Rulemaking Initiative. Retrieved 10 January 2012.
  7. ↑ Sternstein, Aliya. "Scholars look to increase research on open government". Nextgov. Retrieved 10 January 2012.
  8. 1 2 3 4 "About Regulation Room". Cornell e-Rulemaking Initiative. Retrieved 10 January 2012.[ permanent dead link ]
  9. ↑ "FAQ Regulation Room". Cornell e-Rulemaking Initiative. Retrieved 10 January 2012.
  10. 1 2 "Open Government Plan - Chapter 4". United States Department of Transportation. Archived from the original on 30 December 2011. Retrieved 10 January 2012.
  11. ↑ "At Agencies, Open Government and E-Rulemaking Go Hand in Hand". OMB Watch. Archived from the original on 2011-10-26. Retrieved 2012-01-10.
  12. ↑ "Past Rules - Regulation Room". Cornell E-Rulemaking Initiative. Retrieved 10 January 2012.[ permanent dead link ]
  13. ↑ "Texting - Regulation Room". Cornell E-Rulemaking Initiative. Archived from the original on 17 January 2012. Retrieved 10 January 2012.
  14. ↑ "Airline Passenger Rights - Regulation Room". Cornell E-Rulemaking Initiative. Archived from the original on 15 April 2013. Retrieved 10 January 2012.
  15. ↑ "Electronic Onboard Recorders - Regulation Room". Cornell E-Ruemaking Initiative. Archived from the original on 9 February 2011. Retrieved 10 January 2012.
  16. ↑ "Air Travel Accessibiility - Regulation Room". Cornell E-Rulemaking Initiative. Archived from the original on 17 January 2012. Retrieved 10 January 2012.
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