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~GAO
Accountability * Integrity * Reliability
United States General Accounting Office General Govermnent Division
Washington, D.C. 20548
B-284527
June 30, 2000
The Honorable Henry A. Waxman
Ranking Minority Member
Committee on Government Reform
Ho use of Representatives
The Honorable Joseph I. Lieberman
Ranking Minority Member
Committee on Governmental Affairs
United States Senate
Subject: Federal Rulemaking: Agencies' Use of Information Technologv
to Facilitate Public Participation
This letter responds to your requests that we provide examples of how federal agencies are
using information technology (IT) to facilitate public participation in the rulemaking process.
You also asked us to identify potentially beneficial uses of IT in the rulemaking process that
have not yet been adopted by federal agencies, and to discuss the benefits and drawbacks of
standardizing innovative uses of IT across multiple agencies.
The basic process by which federal agencies develop and issue regulations is spelled out in
section 553 of the Administrative Procedure Act of 1946 (APA). Among other things, the APA
generally requires agencies to (1) publish a notice of proposed rulemaking (NPRM) in the
Federal Register; (2) allow interested persons an opportunity to participate in the rulemaking
process by providing written data, views, or arguments; and (3) publish the final rule 30
days before it becomes effective. Various legislative and administration initiatives have
emphasized IT's potential to improve the federal government's performance. For example,
the Paperwork Reduction Act of 1995 says that the Director of the Office of Management and
Budget (OMB) should promote the use of IT to improve the productivity, efficiency, and
effectiveness of Federal programs, including through dissemination of public information and
the reduction of information collection burdens on the public. One of the recommendations
of the National Performance Review in September 1993 was to [u]se information technology
and other techniques to increase opportunities for early, frequent, and interactive public
participation during the rulemaking process and to increase program evaluation efforts. A
December 17, 1999, presidential memorandum on Electronic Government noted that as
public awareness and Internet usage increase, the demand for on line Government interaction
and simplified, standardized ways to access Government information and services becomes
increasingly important, and directs federal agencies to take steps to address that growing
demand.
GAO/GGD-00-135R Federal Rulemaking
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