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GAO-20-383R 1 (2020-04-16)

handle is hein.gao/gaobaebcz0001 and id is 1 raw text is: G A O U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 April 16, 2020 Congressional Requesters Federal Rulemaking: Information on Selected Agencies' Management of Public Comments Every year, federal agencies publish thousands of rules affecting various aspects of everyday life. To ensure the public has an opportunity to participate in the rulemaking process, the Administrative Procedure Act (APA) generally requires that agencies notify the public about, and solicit comments on, proposed regulations via a notice of proposed rulemaking in the Federal Register.1 Agencies generally must also give consideration to relevant comments when drafting a final rule. Further, the E-Government Act of 2002 requires regulatory agencies, to the extent practicable, to ensure there is a website the public can use to comment on the numerous proposed regulations that affect them.2 While the existence of electronic comment platforms makes it easier for the public to participate in the rulemaking process, they may also make the comment process more susceptible to abuses, such as potentially fraudulent or threatening comments or high volumes of comments intended to flood platforms. According to the Administrative Conference of the United States, agencies, when confronted with large volumes of comments, face challenges in ensuring they adequately consider, analyze, and respond to the comments before finalizing their rules.3 You asked us to review the means by which federal agencies receive comments on proposed rulemakings. This report examines overarching questions related to (1) the public comment process at selected agencies and (2) subject matter expert and user groups' views on the transparency and usability of electronic comment platforms for receiving public comments. It addresses eight discrete questions-three questions related to the public comment process at 15 U.S.C. § 553. 2pub. L. No. 107-347, § 206(c), (d), 116 Stat. 2899, 2916 (2002). 3The Administrative Conference of the United States is an independent federal agency comprised of representatives from the public and private sectors to recommend improvements to administrative process and procedure to promote efficiency, participation, and fairness in the promulgation of federal regulations and in the administration of federal programs. GAO-20-383R Federal Rulemaking Page 1

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