Clean up online rulemaking data 

Help regulations.gov to realize its potential! Standards are needed for the data that agencies send to regulations.gov: the public is not well-served by the mishmash of definitions that is a legacy of administration time pressures and cooperation obtained by allowing too many agency-specific definitions. For example:

- the “Abstract” item on regulations.gov “document details” pages (“Summary” might be a better word) is often not filled in, or contains something other than a summary. There should be a dependable place - that is, the same place for all agencies - where the public can find a short description of what aq document is about.
- even with full-text search, the standards for the information agencies supply to describe their documents (metadata standards) should be reviewed for regulations.gov as a whole, not just for individual agencies.
- agencies should have help and incentives to increase the accuracy of their data. A spelling error can frustrate a search. Straightforward changes like using standard drop-down menus for data entry would help.

Support public participation with rulemaking basics 

OMB (the Office of Management and Budget) should provide guidelines for agencies and regulations.gov on basic information for the public. Each agency should provide a home page link to rulemaking information (preferably using a standard word or phrase: test whether “rulemaking,” “regulations” or another word works best for the public). At a minimum this page should include:
- brief explanation of rulemaking, with links to details - perhaps a tutorial on regulations.gov - and agency-specific information
- proposed rules and other actions the agency has open for comments, linked to background information
- rulemaking the agency expects in the coming months (Unified Agenda information)
- tips on making effective comments
- sign up for notification regarding specific topics and for notification of rulemaking outcomes (publication of a final rule)
- link to regulations.gov, for agencies, and to agencies for regulations.gov
- links to other agencies or sub agencies that deal with related topics

OMB Guidance Practices Bulletin 2007 gave instructions to agencies regarding guidance documents (used to spell out policies or interpretations). Please review it: whether the substance is useful or not, the topics addressed, including what agencies must do with regard to transparency and public participation, specific attention to electronic participation, and for example the stated advantages to agencies of early involvement, would be useful for rulemaking as well!

Increase participation of the affected public in FACA committees 

Federal Advisory Committees are an important mechanism for in-depth discussion between agencies and the public. Rules and guidelines need improvement, but also agencies may not be able to afford to establish and maintain all of the FACA committees they need. It is especially important to involve the people who will be most affected by the rules under discussion! Therefore:

Experiment with online access (and use of library or loan computers if needed) to bring down costs and involve more people who are directly affected by the rules in question but may otherwise not participate – for example, parents of young children regarding child safety legislation, disabled people regarding airline rules or veterans regarding VA services, homeless people regarding social security payment mechanisms (an issue if you have no bank account).

In rulemaking & other comment periods, involve the public early; encourage interaction 

Public comments in the final stages of rulemaking (the process agencies use to translate legislation into action) are not the most participatory technique, but - online - they are far more transparent than in the past, and generally mandatory! However, by the time a proposed rule or other action is open for comments, important decisions may already have been made. Involving the public earlier and increasing interaction will move toward a more participatory process, can build understanding, and may produce better decisions. Examples:
- Encourage agencies to use Advance Notices of Proposed Rulemaking (ANPRMs) to request comments at an earlier, more flexible stage and to encourage interactions among those with different views. Direct agencies to post ANPRM dockets (comments, background and so forth) on regulations.gov, and to use the same identifying number for the later Notice of Proposed Rulemaking (NPRM).
- Assure that all agencies know that a second round of comments is possible and use this when appropriate. This allows commenters to say what they think of other’s first-round comments, even if the comments came in late.
- Experiment with real discussions (not voting) alongside comment periods, wikis, and other ways to increase understanding and interaction.
- Build capacity by providing specific guidelines and training for agency personnel, plus background information for the public.