Traditionally, the notice-and-comment rulemaking process required by 5 U.S.C. § 553 was conducted on paper: the government issued a paper notice and the public submitted paper comments. Today it seems obvious that notice should be issued, and comments received, electronically, over the Internet. In 2002, the Office of Management and Budget determined that the government should create a single... read more
Office of Management and Budget (Past Projects)
This study focused on the many legal issues that arise in e-Rulemaking, including how agencies may use software to determine that submitted comments are identical or nearly identical, and whether agencies can (and should) destroy paper copies of comments scanned to electronic form. Such innovations should reduce costs and improve efficiency.
This project examined the Paperwork Reduction Act (“PRA”), 44 U.S.C. §§ 3501–21, broadly to determine whether the statute itself or agencies’ practices under the Act could be improved. Among other things, the project considered the costs and benefits of PRA compliance, whether the Act’s goals could be achieved in a more efficient manner, whether the Act needs to be updated to account for... read more
At its Plenary Session on December 9-10, 2010, the Administrative Conference of the United States adopted Recommendation 2010-1, regarding agency procedures for determining whether to preempt state law. This recommendation is the result of the public, consensus-driven work of the Committee on Regulation of the Assembly of the Conference. The Conference previously posted drafts of the report... read more