Complaining about government regulations is almost as American as complaining about the taxes that fund them.
A White House directive published this week seeks to make it easier for the public to vent their frustrations about the inefficiencies, costs and adverse consequences of the federal government’s rule-making.
The guidance is the latest step in the Biden administration’s efforts to overhaul the country’s regulatory review system. The president directed the Office of Management and Budget to “improve and modernize” how the federal government gathered and responded to critiques of policies on his first day in office. An executive order released in early April reaffirmed the pledge, calling on agencies to deepen dialogues with the citizens most impacted by their regulations.
“A critical part of designing regulations that work is hearing from those who would be affected by them—the American people,” Sam Berger, associate administrator of the Office of Information and Regulatory Affairs, said in a statement. “Hearing from those who are directly affected by a regulation or care about a specific issue helps ensure that we’re addressing the most pressing concerns of communities throughout the country.”
In a 20-page memorandum addressed to the heads of the executive branch’s 434 agencies, Richard Revesz, administrator of OIRA, urged the government’s top bureaucrats to make good on their boss’ instructions.
“It is crucial for Federal agencies to craft regulatory proposals with input from affected members of the public,” Revesz explained. “Public involvement in the development of regulations can lead to more effective and equitable regulations; greater trust in government and democratic accountability; and increased public understanding of the regulatory process.”
The guidance pinpointed several obstacles hobbling effective communication between regulators and the regulated. Skeptical that Washington bigwigs will listen to what they have to say, many Americans don’t think it worth their while to share their concerns, Revesz noted. Those that do (and can pin down the appropriate agency) may not know how to offer feedback.
“Even if individuals identify an agency or regulation with which they would like to engage, they might not be aware of the most effective way of participating or may lack the resources or incentives to participate through traditional regulatory processes,” Revesz wrote.
Civilians can comment on pending rules and notices on a government-run message board called “Regulations.gov.” However, Revesz added, underserved communities inhibited by limited internet access or language barriers struggle to take advantage of these channels.
To overcome these difficulties, OIRA encouraged agencies to prioritize “early engagement” with the communities most affected by their proposals. It also urged them to diversify and better advertise the different methods available to the public to voice their anxieties or suggestions. Collaborating with community organizations, circulating feedback forms on social media, and organizing town halls could all be helpful steps forward, the report said.
“This was really groundbreaking for an administration to say we’re going to make the rule-making process work more in the public interest, because for so long, it had worked for corporate special interests,” Elizabeth ‘Bitsy’ Skerry, a regulatory policy associate for Public Citizen, a progressive think tank, told Federal Times. “This isn’t just all talk.”
“Of course, the guidance can only work as best as its implementation by agencies,” she said. “It is critical to monitor implementation to ensure the administration is meeting its goals of increasing participation from the public.”
Jaime Moore-Carrillo is an editorial fellow for Military Times and Defense News. A Boston native, Jaime graduated with degrees in international affairs, history, and Arabic from Georgetown University, where he served as a senior editor for the school's student-run paper, The Hoya.
