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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.
A concise but thorough resource, the guide provides a time-saving reference for the latest case law, and the most recent legislation affecting rulemaking.
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.
One of the most significant powers exercised by federal agencies is their power to make rules. Given the importance of agency rulemaking, the process by which agencies develop rules has long been subject to procedural requirements aiming to advance democratic values of openness and public participation. With the advent of the digital age, government agencies have engaged in increasing efforts to make rulemaking information available online as well as to elicit public participation via electronic means of communication. How successful are these efforts? How might they be improved? In this article, I investigate agencies' efforts to use electronic media in the rulemaking process. Drawing on a review of current agency uses of the Internet, a systematic survey of regulatory agencies' websites, and interviews with managers at a variety of federal regulatory agencies, I identify both existing “best practices” as well as opportunities for continued improvement. The findings of this research suggest that there exist both considerable differences in how well different agencies are managing their use of electronic media as well as significant opportunities for the diffusion of best-practice innovations that some agencies have adopted. This research also provides a basis for seven key recommendations that I offer for enhancing both the accessibility and quality of rulemaking through digital technology. A commitment to well-accepted democratic principles applicable to regulatory agencies should lead federal web designers to strive to create sites that are as accessible to ordinary citizens, including individuals with limited English proficiency, vision impairments, and low-bandwidth connections, as they are to the sophisticated repeat players in Washington policymaking circles.
Agency use of science in the rulemaking process : proposals for improving transparency and accountability : hearing before the Subcommittee on Regulatory Affairs and Federal Management of the Committee on Homeland Security and Governmental Affairs, United States Senate, One Hundred Fifteenth Congress, first session, March 9, 2017.